|ilHiiii;^!i;vr GENERAL AND SPECIAL Statutes OF MASSACHUSETTS. 1852. An Act concerning the appointment of Appraisers in Civil Process. Chan 1 Be it enacted hy the Senate and House of Representa- tives, in General Court asscniblcd, and by the authority of the same, as follows : Sect. 1. The act entitled " An Act concerning the ap- Former act re- pointment of Appraisers in Civil Process," approved May P^^^^'i- 24th, 1851, is hereby repealed. Sect. 2. No appraisement made since the said act Previous ap- took effect shall be invalid for want of conformity to the praisements provisions thereof: provided, the same were made in con- provided, ^c. formity to the provisions of law existing previously to the passage of said act. Sect. 3. Wherever appraisers arc appointed by virtue Appraisers to of the provisions of law relating to any civil process in the ^^ sworn. hands of any olHcer authorized to serve the same, such ap- praisers may be sworn by said olHcer. Sect. 4. This act shall take effect from and after its Takes effect. passage. [Aj)proved by the Governor, January 23, 1852.] An Act concerning the Boston Dispensary. Chdl), 2 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : That the Boston Dispensary be, and it hereby is, author- pu^^iifl^ses^and ized and allowed to make pmchases, and to receive grants receive grants 1852. -Chap. 2—4. of real and personal es- tate. How apply proceeds. Proviso. Income shall not exceed ^5000, &c. and donations of real and personal estates, and to apply the proceeds thereof in such manner as in the judgment of the managers of said dispensary shall appear best calcu- lated to promote the comfort of suffering applicants for food, fuel, clothing, medical assistance, or any other kind of relief: provided, that the annual income of the said real and personal estate shall not exceed the sum of five thou- sand dollars, in addition to the income of the property which the said dispensary were authorized to hold by their act of incorporation. [Approved by the Governor, January 30, 1852.] Chap. 3 Corporators. Purpose. Capital, 000. ^10,. An Act to incorporate the South Boston Samaritan Society. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Sarah Park, Eunice SafFord, Helen M. South- ward, their associates and successors, are hereby made a corporation by the name of the South Boston Samaritan Society, in the city of Boston, for the pm-pose of relieving the wants and improving the condition of the poor, with all the powers and privileges, and subject to all the duties, liabilities, and restrictions set forth in the thirty-eighth and forty-fourth chapters of the Revised Statutes. Sect. 2. The said corporation, for the purpose afore- said, may hold real and personal estates to an amount not exceeding ten thousand dollars. [Approved by the Govern- or, February 6, 1852.] Chap. 4 Previous act modified. Takes effect. An Act relating to Shop-breaking and aggravated Larceny. Be it enacted by the Se?iate and House of Representa- tives, in General Court assembled, and by the authority of the same, as folloios : Sect. 1. The fourth section of an act relating to shop- breaking and aggravated larceny, chapter one hundred and fifty-six, passed May the fifteenth, eighteen hundred and fifty-one, is so far modified that justices of police courts and justices of the peace, may, in their discretion, take jurisdiction, and punish by fine not exceeding twenty dol- lars, or by imprisonment in the county jail or house of cor- rection not exceeding one year, where tlie money or property stolen shall not exceed in value the sum of ten dollars. Sect. 2. This act shall take effect from and after its passage. [Approved by the Governor, February 9, 1852.] 1852. Chap. 5—6. 5 An Act to incorporate the Paper Manufacturers' Mutual Insurance Chap. 5 Company. "' Be it enacted by the Senate and House of Representa- tives, in General Court assembled^ and by the authority of the same, as follows : Sect. 1. Thomas Colt, Charles M. Owen, Harrison Corporators. Garfield, their associates and successors, are hereby made a corporation by the name of the Paper Manufacturers' Name. Mutual Insurance Company, to be established in Pittsfield for the term of twenty-eight years, for the purpose of insur- ing dwelling-houses and other buildings, and personal pro- perty, against loss by fire, with all the powers and privilegeSj and subject to all the duties, liabilities, and restrictions set Duties, Uabili- forth in the thirty-seventh and forty-fourth chapters of the *^®^' *^' Revised Statutes, and in all subsequent acts relating to mutual insurance companies. Sect. 2. On receiving from the subscribers thereto a -wiien 5100,- capital of one hundred thousand dollars, said company may 000 i? paid in also insure against losses by fire and against maritime ^herwfsT.^&c. losses, otherwise than on the mutual principle, w^ith all the powers and privileges, and subject to all the duties, liabilities, and restrictions set forth in the thirty-seventh chapter of the Revised Statutes, and in subsequent acts relating to insur- ance companies ; provided, that no shares in said capital Proviso. shall be issued for a less sum or amount, to be paid in on each, than the par value of the shares first issued. Sect. 3. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor, February 10, 1852.] An Act to incorporate the Hamilton Mutual Insurance Company. Chcip. 6 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect, 1. The members of the Bowditch Mutual Fire Corporators. Insurance Company, and of the Essex Mutual Fire Lisur- ance Company, both established in Salem, and the mem- bers of the LawTcnce Mutual Fire Insurance Company, established in LawTcnce, are hereby made a corporation by the name of the Hamilton Mutual Insurance Company, in Salem, for the term of twenty-eight years, for the purpose purpose, of insuring dwelling-houses and other buildings, and per- sonal property, against loss by fire, with all the powers and privileges, and subject to all the duties, liabilities, and re- strictions set forth in the thirty-seventh and forty-fourth ti^s'&c. chapters of the Revised Statutes, and in all subsequent acts relating to mutual fire insurance companies : provided, that proviso. 6 1852. Chap. 6—7. said Bowditch Mutual Fire Lisurance Company, said Es- sex Mutual Fire Insurance Company, and said Lawrence Mutual Fire Insurance Company, shall respectively con- tinue to exist as corporations for the term of two years from the passage of this act, for the purpose of closing their Proviso. affairs : and also provided, that this act shall not afi'ect the legal rights of any person. Iffecf ^° ^""^^ "Sect. 2. This act shall not take effect until it shall be accepted by the luembers of said corporations, respectively, at meetings called for that purpose. [Approved by the Governor, Fehruarij 10, 1852.] Chap. 7 ■^^ ^^^ i" further addition to an Act to establish the City of Roxbury. Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : No. of wards, Sect. 1. The number of wards of said city shall be five, ^^^- and each ward, respectively, shall embrace the same terri- tory as at present, unless altered as hereinafter provided. City council 1^ shall be the duty of the city council once in. five years to shall revise rcvisc, and if it be needful, to alter said wards in such man- ner as to preserve, as nearly as may be, an equal number of voters in each ward. Previous act Sect. 2. The secoud section of the said act entitled umeuded. « ^^-^ ^^t to establish the City of Eoxbury," is hereby Council to con- SO far amended, that from and after the election of the five sist of twenty. a^Mitional commou councilmen for the current municipal year, ^vhose election is hereinafter provided for, the council called the common council shall consist of twenty. Mayor and Sect. 8. The mayor and eight aldermen, one alderman men^ how'cho- ^° ^^ Selected from each ward, and three aldermen from sen.' the city at large, shall be elected annually by the qualified councii*\ow voters of the city at large voting in their respective wards, chosen.' and fouT commoii councilmen shall be elected annually Residence. from and by the voters of each ward, who shaU be residents of the wards in which they are elected ; all of said officers Term of office, shall be cliosen by ballot, and shall hold their offices for one year from the first Monday of January, and the mayor until Elected on sec- another shall be elected and qualified in his place; all of DecenXrf^° said officcrs shall be elected on the second Monday of De- annuaiiy. ccmbcr, annually, and shall enter upon the duties of their ties^'ist'jan'y. I'espectivc offices on the first Monday of January each year. Three alder- Sect. 4. There shall be elected, at such time in the men to be month of February or March of the present year as the Bcntyear,'^ ^'^^" ii^'iyoi* ^iid aldermen shall appoint, by the qualified voters of the city at large, voting in their respective wards, three once in five years 1852. — —Chap. 7—8. 7 aldermen from the city at large, in addition to those already and one com- clected from wards, and one common conncilman shall be San foTeach elected from and by the voters of each ward in addition to ^^rd. those already elected, and the common councilmen so elected shall be residents of the wards in which they are elected ; all of said officers shall be chosen by ballot, and shall enter upon the dnties of their respective offices as soon When enter on as may be after their election, and shall hold their respective ^^^^"^ duties. offices until the ffi-st Monday of January next, and in case office/°°° of failure of elections of either of said aldermen or common councilmen, or in case of vacancy from any other cause, the In case of va- mayor and aldermen shall order a new election for the pm-- *^*^''^' *°* pose of filling such vacancy, as is provided in the sixth sec- tion of the act to -which this is in addition. Sect. 5. This act shall be void unless the inhabitants of This act to be Roxbury, at any general meeting, duly warned by public ^2'^°Ps*^^.c^^ ^^^' notice of at least seven days, by the mayor and aldermen, shall (within thirty days from the passage hereof), by writ- ten vote, adopt the same. Sect. 6. All acts, or parts of acts, inconsistent herewith, Acts inconsist- are hereby repealed. ^""^ repealed. Sect. 7. This act shall take effect from and after its Takes effect, passage. [Approved b/j the Governor, Fehniary 11, 1852.] An Act to change the name of the United Interest Insurance Company, Chcii). 8 and for other purposes. -^ * Be it enacled hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The United Interest Insurance Company shall Namechang'd. hereafter be caUed and known by the name of the Elliot Fire Insiurance Company. Sect. 2. The said company are hereby authorized to Capital in- increase their present capital stock by an addition thereto qoo^^^'^ ^^^^'' of one hundred thousand dollars : provided, that such addi- proviso. tion shall be paid in within two years from the passage of this act. Sect. 3. So much of the third section of the act to Section of pre- incorporate the United Interest Insurance Company as p'Jj^'Jgjfl*^'^ '^^" requires that their place of business shall be located and kept south of Bedford street, in the city of Boston, is hereby repealed. [Approved by the Governor, February 11, 8 1852. -Chap. 9—11. Chap. 9 Cutting and storing ico in- cluded. Previous asso- ciations deem- ed corpora- tions, &c. Takes efTect. An Act in addition to an Act relating to Joint Stock Companies. Be it enacted by the Senate and House of Representa- tives^ in General Court assembled, and by the authority of the same, as follows : Sect. 1. The one hundred and thirty-third chapter of the acts of the year one thousand eight hundred and fifty- one, shall be construed to include the business of cutting, storing, and selling ice. Sect. 2. All associations, formed for such purpose since said act took effect, in accordance with the provisions thereof, shall be deemed corporations within the meaning, and shall be entitled and subject to all the provisions of the same. Sect. 3. This act shall take effect from and after its passage. [Approved by the Governor, February 11, 1852.] Chap, 10 Temporary re- moval of re- cords not pro- hibited. Takes effect. An Act concerning the Custody of Records. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Nothing contained in the statute of eighteen hundred and fifty-one, chapter one hundred sixty-one, shall be so construed as to prohibit such temporary removals of records or other documents in the custody of clerks of courts, as shall be necessary or convenient for the transac- tion of the business of the courts, or the performance of the duties of their officers. Sect. 2. This act shall take effect from and after its passage. [Approved by the Governor, February 11, 1852.] Chat) 1 1 ^^ ^^^ ^^ incorporate the Boston Sectional Dock Company. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. Robert G. Shaw, Samuel Hall, David Elwell, their associates and successors, are hereby made a corpora- tion by the name of the Boston Sectional Dock Company, „ , with all the powers and privileges, and subiect to all the Powers du- . . r o ^ j^ ties, liabilities, duties, liabilities, and restrictions set forth in the thirty- &c. eighth and forty-fourth chapters of the Revised Statutes. May purchase Sect. 2. Said company may purchase and hold real real estate not estate ill the couiity of Suffolk not exceeding in value one exceeding ^150,000. hundred and fifty thousand dollars, and may improve the same and construct thereon one or more sectional docks, 1852. Chap. 11—13. 9 and the whole capital stock shall not exceed two hundred Whole capital and iifly thousand dollars : provided, that no shares in the ' ' capital stock shall be issued for a less sum or amount, to be paid in on each, than the par value of the shares first issued. Sect. 3. This act shall take effect from and after its passage. [Approved by the Governor, February 11, 1852.] An Act in addition to an Act to incorporate the Hampden Mutual Fire Chap. 12 Insurance Company. -^ ' Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. On receiving from the subscribers thereto a When 550,000 guarantee capital of fifty thousand dollars, which shall be P^^*^ '"' ^^^ . ".-,. •!• f n • insure against paid in w^ithiii two years Irom the passage of this act, the fire, otherwise, Hampden Mutual Fire Insurance Company, established at ^°" Springfield, may make insurance against fire and against maritime losses, otherwise than on the mutual principle, with all the powers and privileges, and subject to all the duties, liabilities, and restrictions set forth in the thirty- J?"*^^|' liabili- seventh chapter of the Revised Statutes, and in all subse- ' quent acts relating to insurance companies. Sect. 2. Said company may increase its guarantee May increase capital to an amount not exceeding one hundred thousand ftarto*^li(xf- dollars, at any time within three years from the passage of 000, this act ; and may hold real estate, not exceeding in value twenty thousand dollars, excepting such as may be taken May hold 520,- for debt or held as collateral security for money due said excepting, &c! company. [Approved by the Governor, February 12, 1852.] An Act to incorporate the Hingham and Cohasset Mutual Fishing Insur- Chap. 13 ance Company. •* ' Be it eiiacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Laban Souther, Isaac Barnes, Luther J. Corporators. Barnes, their associates and successors, are hereby made a corporation by the name of the Hingham and Cohasset Mutual Fishing Insurance Company, to be established in the town of Cohasset for the purpose of making insurance Purpose, against losses on fishing vessels and thek outfits, on the princijile of mutual insurance ; and for this purpose shall have all the powers and privileges, and be subject to all the duties, restrictions, and liabilities set forth in the thirty- Dutica, liabili- scventh and forty-fourth chapters of the Revised Statutes, so ^J^^' ^°- 10 1852. Chap. 13—15. Term, twenty years. When policies may be issued. Takes effect. far as the same are applicable to the corporation hereby created, to continue for the term of t^venty years. Sect. 2. No policy shall be issued until application shall be made for insurance to the amount of fifty thousand dollars, and no division of any of the profits remaining in the hands of the company shall be made, so long as the company shall be held accountable for any policy issued by them. Sect. 3. This act shall take effect from and after its passage. [Approved by the Governor, February 12, 1852.] Chap. 14 Words "City of Boston" struck out. " County of Suffolk" in- serted. Takes effect. An Act to amend the ninth and fourteenth sections of the one hundred and thirty-fourth chapter of the Revised Statutes. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, atid by the authority of the same, as follows : Sect. 1. The ninth and fourteenth sections of the one hundred and thirty-fourth chapter of the Revised Statutes, shall be amended by striking out from each the words " City of Boston," and inserting instead thereof, the words « County of Suffolk." ' Sect. 2. This act shall take effect from and after its passage. [Approved by the Governor, February 14, 1852.] Chap. 15 -A^n Act to incorporate the Sagamore Mutual Fire Insurance Company. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : George Hood, Daniel N. Breed, Samuel J. Ireson, their associates and successors, are hereby made a corporation, by the name of the Sagamore Mutual Fire Insurance Com- pany, in the city of Lynn, for the term of twenty-eight years, for the purpose of insuring dwelling-houses and other buildings, and their contents, against loss or damage by fire, with all the powers and privileges, and subject to all the duties, liabilities, and restrictions set forth in the thirty- seventh and forty-fourth chapters of the Revised Statutes, and all statutes sl^bsequently passed relating to mutual fire insurance companies. [Approved by the Governor, February 18, 1852.] Corporators. Term, twenty- eight years. Purpose. Duties, liabili- ties, &c. 1852. Chap. 16—18. 11 An Act to autliorize the proprietors of the Boston Atheneum to hold addi- Chan. 16 tioual property. ■* * Be it enacted bij the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : The proprietors of the Boston Atheneum and their May hold successors, in addition to works or objects of literature, ^tion^*&r*^' science, and the arts, and the property which they are now allowed by law to hold for income, may take, hold, and convey, for the purpose of income, real and personal property not exceeding two hundred thousand dollars in value, the income thereof to be applied to the purposes income, how specified in their act of incorporation. [Approved by the ^^"^ ^^ Governor, February 18, 1852.] An Act to incorporate the Saugus Mutual Fire Insurance Company. Chat). 17 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, atid by the authority of the same, as follows : Sect. 1, Benjamin F. Newhall, Harmon Hall, William Corporators. M. Newhall, their associates and successors, are hereby made a corporation by the name of the Saugus Mutual Fire Lisurance Company, in the town of Saugus, for the term of twenty-eight years, for the purpose of insuring Term, twenty- dwelling-houses and other buildings, and personal property, "^ ^^^^ ' against loss by fire, with all the powers and privileges, and ^"^P"^®- subject to all the duties, liabilities, and restrictions set forth ^gruabilities in the thirty-seventh and forty-fourth chapters of the Revised &c.' Statutes, and in all subsequent acts relating to mutual fire insurance companies. Sfxt. 2. This act shall fake effect from and after its Takes effect, passage. [Approved by the Governor, February 24, 1852.] An Act in addition to an Act relating to a Public Cemetery in the city of Chan. 18 Roxbury. -^ Be it etiacted by the Senate arid House of Representa- tives, ill General Court assembled, and by the authority of the same, as follows : Sect. 1. The board of commissioners of the rural ceme- Commission- tcry in Roxbury, elected by the city council pursviant to receive^and an act approved March twenty-fourth, one thousand ^'^&h*^°|f f^^tion, hundred and forty-eight, are authorized to take and hold f° trust for any grant, donation, or bequest of property upon trust, to specific pur- apply the same, or the income thereof, for the improvement jj^^^^^ppiy the or embellishment of the said cemetery, or for the erection, income. 12 1852.- -Chap. 18. May give obli- gations to per- form certaia duties, &c. Moneys so re- ceived shall be invested by the city treasurer, &c. The city of Koxbury re- sponsible for the commis- sioners and treasurer. Act void un- less accepted by city council. Takes effect. repair, preservation, or renewal of any monument, fence, or other erection, or for the planting and cultivation of trees, shrubs, or plants, in or around any lot, or for improving the said premises in any other manner or form consistent with the pm-poses for \vhich said cemetery is established, accord- ing to the terms of such grant, donation, or bequest. And whenever any such grant, donation, or bequest, or any deposit shall be made by the proprietor of any lot in said cemetery for the annual repair, preservation, or embellish- ment of such lot, and the erections thereon, the said com- missioners may give to such proprietor, or his representative, an agreement or obligation, in such form, and upon such terms and conditions as they may estabhsh, binding them- selves and their successors to preserve and keep in repair said lot forever, or for such period as may be agreed upon. Sect. 2. Any sums of money so received by said com- missioners, shall be invested by the city ti'casurer of Rox- bui-y, under the direction of said commissioners, in public stocks or mortgages of real estate, and all such property received under the provisions of the foregoing section (un- less other provision is made by the terms of any such grant, donation, or bequest,) shall be made under the charge of said city treasurer, but shall always remain separate from, and independent of, any other moneys or property belonging to the city of Roxbury, and free from the control of the city council. And the income of such fund or funds shall be received by said treasm'.er, subject to the order of said com- missioners, and shall be appropriated by them in such manner as shall, in their opinion, best promote the purposes for which said grants, donations, bequests, or deposits" are made. Sect. 3. The city of Roxbury shall be responsible for the good faith of said commissioners, and the treasurer of said city, in the execution of any trust which they may assume, pm-suant to the foregoing provisions. But said commissioners shall not be hable to make any renewal or reconsti'uction of any monument, or other erection, on any lots in said cemetery, unless such liability shall be expressed in the agreement given by them as aforesaid, or in the terms and conditions under which they accept any grant, donation, or bequest. Sect. 4. This act shall be void unless the city council of Roxbury shall accept the same at a meeting of said council, called for that pm-pose, within tlm-ty days after its passage. Sect. 5. This act shall take effect from and after its passage. [Approved by the Governor, February 25, 1852.] 1852. CHAr. 19—20. 13 An Act to incorporate the Trustees of the Second Methodist Episcopal Chov. 19 Church in Harwich. / * Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and hy the authority of the same, as follows : Sect. 1. James Baker, Nathan Foster, Mulford Allen, Corporators. Ebenezer Kelly, and Oliver Kelly, their associates and suc- cessors in office, elected according to the usages of the Methodist Episcopal Church, are constituted a body corpo- rate by the name of the Trustees of the Second Methodist Trustees. Episcopal Church in Harwich. Sect. 2. The said trustees may elect such officers and May elect offi- make such by-laws as they shall deem proper : provided, '^"■*' '^'^• such by-laws be not repugnant to the laws of this Com- monwealth. Sect. 3. The number of trustees shall at no time exceed In number not I -I ,1 r more than nme, or be less than hve. nine, nor less Sect. 4. The said trustees are hereby vested with full than five. power to take and hold all grants and donations of real or Have power to personal estate made to the use of said church, or other- j-gai and per- wise, and to sell, convey, or manage such real or personal sonai estate- estate, according to the terms and conditions of the grants yey, &c. or donations ; and, by purchase or operation of law, to take, hold, and manage any real or personal estate in trust for the use and benefit of said church, and to sell and convey the same, and to prosecute and defend in any action touch- ing the same ; jjrovided, the annual income of the gi'ants, Proviso. donations, and purchases for the use aforesaid shall not exceed the sum of two thousand dollars. Sect. 5. James Baker, before named, is authorized to First meeting, appoint the time and place for holding the first meeting of said trustees, and to notify them thereof. Sect. 6. This act shall take effect from and after its Takes effect. passage. [Approved by the Governor, February 25, 1852.] An Act in addition to an Act to incorporate Ohabei Shalom. Chap. 20 Be it enacted by the Senate and Hovse of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. At all meetings of the corporation, legal mem- Legal mem- bers of the society, and none others, shall be entitled to tided to^ote, vote. Sect. 2. The said society may elect and remove mem- ^"''•j^Jy^^^J. bers in such manner as they by their constitution and by- movemem- laws shall determine. ^"^' '^^- U 1852. Chap. 20—23. Jha^^sututes Sect. 3. The fourth section of the one hundred and 1815 repealed, tw'enty-ninth chapter of the statutes of this Commonwealth, passed in the year one thousand eight hundred and forty- five, incorporating said Ohabei Shalom, is hereby repealed. Takes efFect Sect. 4. This act shall take effect when the same shall ^d^&c.^'^^^ ' have been accepted by a majority of the legal voters of the society. [Approved by the Governor, February 25, 1852.] Chap. 21 -^^ -^^^ '" addition to an Act to incorporate the Proprietors of the Com- ■^ mons, or Sheep-Pasture, in Beverly. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : 1st section of The first section of the act to incorporate the proprietors ^"^^^'Td ^^^ °^ ^^^ commons, or sheep-pasture, in Beverly, passed on the fifteenth day of May, in the year one thousand eight hundred and fifty-one, is hereby so far amended as to make the corporation created by said act, subject to the provisions of the forty-fourth chapter of the Revised Statutes, instead of the forty-third chapter thereof, as expressed in said sec- tion. [Approved by the Governor, February 25, 1852.] Chat). 22 ^^ -^^^ ^° incorporate the Young Men's Benevolent Society. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. "William R. Lawnrence, Frederic W. Lincoln, Jr., and George A. Brown, their associates and successors, are Purpose. hereby made a corporation for the purpose of relieving the destitute, with all the powers and privileges, and subject to Duties, liabili- all the duties, liabilities, and restrictions set forth in the ties, &c. forty-fourth chapter of the Revised Statutes. May hold es- Sect. 2. The said corporation, for the purpose aforesaid, oocT^ ^Im^^'' ^^y ^^o\& real and personal estate, the annual income of which shall not exceed the sum of ten thousand dollars. [Approved by the Governor, February 25, 1852.] Chan. 23 -^^ ^^^ ^'^ incorporate the Trustees of the Howe School, in Billerica. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the sajnc, as folloios : Corporators. Sect. 1. Marshall Preston, John Baldwin, "William H. Odiorne, James R. Faulkner, Dudley Foster, George H. Whitman, and Amos Spaulding, and their successors, are 1852. Chap. 23—25. 15 hereby made a corporation by the name of the Trustees of the Howe School, to exercise all the powers and perform all the duties derived from the will of the late Zadok Howe, of Billerica, physician, with all the rights and privileges. Rights, duties and subject to all the duties, liabilities, and restrictions, set liabilities, &c. forth in the forty-fourth chapter of the Revised Statutes, and this act, not inconsistent with said will, or the posses- sion, control, and managemeiit of the fund and estate therein bequeathed for the erection and maintenance of a school or academy in Billerica. Sect. 2. The funds and estate devised by said will for Funds entitled, the purposes of erecting and maintaining a school or acad- tfonTTc'" emy under the dnection of said trustees and their suc- cessors, shall be entitled to all the rights, privileges, and exemptions contained in the fifth section of the seventh chapter of the Revised Statutes, respecting the property of literary, benevolent, and charitable institutions. Sect. 3. The said trustees and their successors may Trustees may purchase and hold real estate to the value of twenty-five ff75,ooo^'vaiue. thousand dollars, and personal estate to the value of fifty thousand dollars, to be applied to the support of said school, as expressed in said will. Sect. 4. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor^ February 27, 1852.] An Act in addition to " An Act concerning Stockholders in Manufacturing Chap. 24 Corporations." Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The provisions of the act concerning stock- Previous act holders in manufacturing corporations, passed in the year gxec^utwni^oS one thousand eight hundred and fifty-one, shall not apply pending ac- to any execution which has been issued, or may hereafter ^'°'*^- be issued in any action pending at the time when said act took effect. Sect. 2. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor, February 27, 1852.] An act to incorporate the Haverhill Atheneum. Chap. 25 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Frederick Hinckley, Joseph Bradley, Samuel Corporators. Brainard, their associates and successors, are hereby made 16 1852. -Chap. 25—27. Powers, du- ties, &c. May hold es- tates not ex- ceeding iJ5000. a corporation for the maintenance of a library, and for other similar literary purposes, by the name of the Haverhill Atheneum, with all the powers and privileges, and subject to all the duties, liabilities, and restrictions set forth in the forty-fourth chapter of the Revised Statutes. Sect. 2. Said corporation may hold real and personal estate for the purposes aforesaid, to an amount not exceed- ing five thousand dollars. [Apjjrdved by the Governor^ February 27, 1852.] ChdT). 26 ^^ ■^^*' ^° incorporate the Temporary Home for the Destitute. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Edward Winslow, Thomas T. Bouve, and Frederick D. Huntington, with their associates and succes- sors, are hfereby made a corporation by the name of the Temporary Home for the Destitute, for the purpose of affording shelter and support to children and other persons destitute of a home, until more permanent provision can be made for them ; with all the powers and privileges, and subject to all the duties, liabilities, and restrictions set forth in the forty-fourth chapter of the Revised Statutes. Sect. 2. The said corporation, for the purpose afore- said, may hold real and personal estate, to an amount not exceeding ten thousand dollars. [Approved by the Gov- ernor, February 27, 1852.] Corporators. Purpose. Duties, &c. May hold es- tates not ex- ceeding ^10,- 000. ChcLT) 27 ^^ ^^^ explanatory of the Acts relating to the Organization of the Board -t * of Overseers of the University of Cambridge. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Quorum. Takes effect. Sect. 1. The several acts relating to the organization of the Board of Overseers of Harvard College shall be so construed as to empower the said board to order and pro- vide, by rule or by law, what number of the members thereof, not less than nine, shall constitute a quorum or legal meeting of the same. Sect. 2. This act shall take effect from and after its passage. [Approved by the Governor, March 3, 1852.] 1852. Chap. 28—31. 17 An Act to incorporate the Lee Savings Bank. Chap. 28 Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and hy the authority of the same, as follo2cs : Sect. 1. William Porter, Leonard Church, F. Cham- Corporators, berlin, their associates and successors, are hereby made a corporation by the name of the Lee Savings Bank, to be established and located in the town of Lee, with all the powers and privileges, and subject to all the duties, liabili- Duties, liabili- ties, and restrictions, set forth in the thirty-sixth chapter of *'^^' *°' the Revised Statutes, and in all other laws of this Com- monwealth relating to institutions for savings. [Approved by the Governor, March 5, 1852.] An Act to remove all Disability to take and hold Real Estate by reason of Chap. 29 Alienage. Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and hy the authority of the same, as follows : Aliens may take, hold, convey, and transmit real estate. [Approved by the Governor, March 5, 1852.] An Act to change the name of the Middlesex Society of Husbandmen and Chap. 30 Manufacturers. -^ Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and hy the authority of the same, as follows : Sect. 1. The Middlesex Society of Husbandmen and Middlesex Ag- - Manufacturers shall, after the passage of this act, be called ricultural Soci- and known by the name of the Middlesex Agricultural Society. [Ajiprored by the Governor, March 8, 1852.] An Act to increase the Capital Stock of the Mansfield Coal and Mining QJiap^ 31 Company. •* ' Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The Mansfield Coal and Mining Company is May increase hereby authorized to increase its capital stock by an amount ^^o!o(K)? ant not exceeding two hundred thousand dollars, and to issue the issue shares. number of shares representing said increase, with power to make the whole or part of said increase, as may be deter- May make mined by the stockholders at their next legal meeting, a prc'fe^cd ^" preferred stock entitled to dividends not exceeding eight per stock, &c. 3 18 1852. -Chap. 31—32. cent per annum out of the first net earnings of tlie com- Provided, ^c. pany : provided.) four fifths of the stock shall be represented at said meeting ; and provided, also, that no shares be issued for a less sum or amount, to be actually paid in on each, Increase, how than the par value of the shares first issued. The increase uiTested. ^£ ^^^ above capital may be invested in real or personal property at the discretion of the directors of said company. Debts not to Sect. 2. The whole amount of the debts of said com- ooor^Difectors P^^^J shall, at uo time, exceed the sum of one hundred liable for ex- thousand dollars; and in case it shall exceed that sum, the *^^^^" directors under whose administration it shall happen shall be jointly and severally liable, to the same extent and in the same manner, as is provided by the twenty-fifth section of the thirty-eighth chapter of the Revised Statutes, in cases wiiere the debts of such corporations as are therein named, exceed in amount the capital stock actually paid in. Takes effect. Sect. 3. This act shall take effect from and after its passage. [Approved by the Governor, March 8, 1852.] Chap. 32 Corporators. Powers, du- ties, liabilities, &c. Location of E.oad. Authority to cross on to other roads. Capital stock, 1000 shares, ^100 each. An Act to incorporate the Danvers Railroad Company. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as folloios : Sect. 1. William D. Northend, George J. Tenney, Asa Pingree, Joseph S. Black, and Gilbert Tapley, their asso- ciates and successors, are hereby made a corporation by the name of the Danvers Railroad Company, with all the powers and privileges, and subject to all the duties, restrictions, and liabilities, set forth in the forty-fourth chapter of the Revised Statutes, and in that part of the thirty-ninth chapter of the said statutes relating to railroad corporations, and in all statutes subsequently passed relating to railroad corpora- tions. Sect. 2. The said corporation may construct and,main- tain a railroad, comiuencing at some convenient point on the line of the Danvers and Georgetown Railroad, in North Danvers, thence running through the towns of Reading, Lynnfield, and South Reading, or either of said towns, to unite with the Boston and Maine Railroad, or the South Reading Branch Railroad, at some convenient point in said South Reading ; with a right to cross the Essex and Saleiu and Lowell Railroads, and with authority to enter upon and use the said Danvers and Georgetown, Salem and Lowell, South Reading Branch Railroad, and Boston and Maine Railroads, or any portions of them according to law. Sect. 3. The capital stock of the said corporation shall consist of one thousand shares of one hundred dollars each, 1852. Chap. 32—83. 19 and no assessment shall be made thereon of a greater amount No assess- in the whole than one hundred dollars on each share; and ^^"q® ^^y°°^ no share in the capital stock of said corporation shall be no share is- issiied for a less sum or amount, to be actually paid in on sued under each, than the par value of the shares which shall be first ^^* issued; and the said corporation may purchase and hold such j^j ^^^^ ^^^^ real estate, materials, engines, and cars, and other things, as and personal may be necessary for depots for the use of the said road, and ^^*'^^^- for the transportation of persons, goods, and merchandise. Sect. 4. The said Danvers Railroad Company and the Roads author- said Danvers and Georgetown Railroad Company are here- ^^^ *° '"^^'^^• by authorized and empowered to unite, and form one com- pany, whenever it shall be so voted by each company at meetings duly notified for that purpose ; and when the said companies shall be so united, the stockholders of one com- pany shall be stockholders in the other, and the two compa- When united nies shall constitute one corporation under the name of the ^^^^^ ^^ *^^^^® ' Danvers and Georgetown Railroad Company, and the said last mentioned company shall have all the franchises, pro- perty, powers, and privileges, and be subject to all the restrictions and liabilities, of the said companies respectively. Sect. 5. If the location of the said railroad be not filed Location filed according to law within one year, and if the said raUroad year)\nd^con- be not constructed within two years from the passage of structed within this act, this act shall be void. wo years. Sect. 6. The Legislature may authorize any company other compa- to enter with another railroad upon the said raiboad, at °^^'^?^g]' J'J ^^I any point thereof, and use the same according to law. ter, &c. Sect. 7. The said corporation shall not commence the Shall not com- consti-uction of their road, or any part thereof, until a certifi- ^gcafe has*^^'" catc shall have been filed in the office of the secretary of been filed with the Commonwealth, subscribed and sworn to by the presi- o^Vtttet^^d dent of the said company and a majority of the directors twenty per thereof, stating that all of the stock named in their charter ^^^^^- ^^'^ ""' has been subscribed for by responsible parties, arid that twenty per cent, of the par value of each and every share of the stock thereof has been actually paid into the treasury of the company. Sect. 8. * This act shall take effect from and after its Takes effect, passage. [Approved by the Governor, March 15, 1852.] An Act concerning Bills of Expenses against the Commonwealth. Chap. 33 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and bj the authority of the same, as follows : Sect. 1. No bill of expenses presented to the governor items to be and council, by any commissioner or agent of the Com- *P""^ 20 1852. -Chap. 33—36. Takes effect. monwealth, shall be allowed and paid, unless the same shall specify the items composing such account. Sect. 2. This act shall take effect from and after its passage. [Approved by the Governor^ March 15, 1852.] Chnn 34 -^^ ^^^ ^^ addition to an Act for establishing an Academy in the town of -t^* Framinghain by the name of Framingham Academy. Be it enacted by the Senate and House of Representa- tives, 171 General Court assembled, and by the authority of the same, as follows : Power granted Sect. 1. The treasurer of the town of Framingham for to treasurer of the time being shall have and exercise all the powers and Fran^n^ham. duties of treasurer and secretary of the inhabitants of said Framingham, as trustees of Framingham Academy, and the said treasurer shall have the same power of conveying real estate as is given to the secretary of the trustees of Framingham Academy by an act passed March first, in the year one thousand seven hundi-ed and ninety-nine, estab- lishing the Framingham Academy. Sect. 2. This act shall take effect from and after its passage. [Approved by the Governor, March 15, 1852.] Takes effect. Chap. 35 Seines, Szc, prohibited. Penalty. Takes effect. Chap. 36 Corporators. An Act to protect the Fisheries in the Town of Barnstable and Marshpee District. Be it enacted by the Senate and House of Representa- tives, in General Cowt assembled, and by the authority of the same, as follows : Sect. 1. No person shall set, draw, or stretch any seine or di*ag-net in Osterville harbor, or Popponessette bay, or any of the waters within the limits of the town of Barn- stable or Marshpee district, on the southerly side, under a penalty of not less than ten dollars, nor more than one hun- dred dollars, to be recovered in any court proper to try the same, one half to the use of the said town, and the other half to any person who shall prosecute therefor. Sect. 2. This act shall take effect from and after its passage. [Approved by the Governor, March 15, 1852.] An Act to incorporate the Cambridge G as-Light Company. Be it enacted by the Senate aiid House of Representa- tives, in General CouT't assembled, and by the authority of the same, as follows : Sect. 1. Charles C. Little, Isaac Livermore, and Gard- ner G. Hubbard, their associates and successors, are hereby made a corporation by the name of the Cambridge Gas- 1852. Chap. 36--37. 21 Light Company, for the purpose of making and selling gas in the city of Cambridge, with all the powers and privileges, and subject to all the duties, restrictions, and liabilities set Duties, liabili- forth in the thirty-eighth and forty-fourth chapters of the ti^s, &c. Revised Statutes. Sect. 2. The capital stock of said company shall not Capital not to exceed three hundred thousand dollars; and said corpora- qoo^^*^ ^'^^^'" tion may hold real estate not exceeding in value one hun- Real estate not di-ed thousand dollars. S100,0(M? Sect. 3. No shares in the capital stock of said company no shares is- shall be issued for a less sum or amount, to be actually paid ^^^^ "°<^er in on each, than the par value of the shares which shall be ^^^' first issued. Sect. 4. Said corporation, with the consent of the Corporation, mayor and aldermen of the city of Cambridge, shall have "'^^^ consent, power and authority to open the ground in any part of the open the streets, lanes, and highways in said city, for the purpose of ground in sinking and repairing such pipes and conductors as it may ' "^ be necessary to sink for the purpose aforesaid ; and the said corporation, after opening the ground in said sti'cets, lanes, To pnt the and highways, shall be held to put the same into repair, ^^^^^ ^^ repair, under the penalty of being prosecuted for a nuisance : pro- Proviso. ridc(f, that the said mayor and aldermen for the time being, Mayor and ai- shall at aU times have the power to regulate, restrict, and '^^!|^*^'i ^^^® . control aU the acts and doings of said corporation which late, &c. may in any manner affect the health, safety, and conveni- ence of the inhabitants of the said city. Sect. 5. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor^ March 15, 1852.] An Act to define Felony. Chnn 37 Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Any crime which now is, or hereafter may be. Felony, punishable by death or imprisonment in the State prison, shall be considered felony ; and no other crime shall be so considered. Sect. 2. In all cases jiow pending, and in the prosecu- crimes already tion of all offences heretofore committed, the form of pro- committed— ceedings and the extent of the punishment shall be the same as if this act had not bem passed. Sect. 3. It shall not be necessary to allege in any indict- indictments ment, that the offence charged is a felony or f^'lonics, or "||*g*^^^^ ,^^_ ^,, done feloniously ; nor shall any indictment be quashed or deemed invalid by reason of the omission of the words "felony," "felonious," or "feloniously." [Approved by the Governor, March 15, 1^(52.] 22 1852. -Chap. 38—40. Chap. 38 An Act in addition to an Act to incorporate the Hanailton Mutual Insur- ance Company. Be it cjiacted by the Senate and House of Representa- tives^ in General Court assembled, and by the authority of the same, as follows : Sect. 1. So much of the act to incorporate the Hamilton Mutual Insurance Company as relates to the Essex Mutual Fire Insurance Company, is hereby repealed. Sect. 2. The members of the Essex Mechanics' Mutual Fire Insurance Company, in Salem, are hereby constituted members of the Hamilton Mutual Insurance Company, on the terms and conditions prescribed and set forth in the act to incorporate said Hamilton Mutual Insurance Company. When to take Sect. 3. This act, and that to which it is in addition, effect. shall take efiect whenever it shaU be accepted by the mem- bers of the corporations mentioned in said acts. [Approved by the Governor, March 17, 1852.] Former act partially re- pealed. Essex Me- chanics' Mu- tual Fire Ins. Company. Chap. 39 Upper cove, Gloucester. Right of •wharfage. Proviso. Takes effect. An Act to authorize John Pew to extend liis Wharf. Be it enacted by the Senate and House of Representa- tives, in, General Court assetnbled, and by the authority of the same, as follows : Sect. 1. John Pew is hereby authorized to extend his wharf in the " upper cove," in the harbor of Gloucester, seventy feet from low-water mark ; and he shall have the right to lay vessels at the end and sides of the said wharf, and receive wharfage and dockage therefor : provided, that this act shall in nowise impair the legal rights of any per- son whatever. Sect. 2. This act shall take effect from and after its passage. [Approved by the Governor, March 18, 1852.] r^hnn AC\ An Act to authorize the Troy and Greenfield Railroad Company to hold ^nap. -tyj ^^ Annual Meeting in April. Be it enacted by the Seriate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Directors may Sect. 1. The Troy and Greenfield Railroad Company designate any ^rc hereby authorized to hold their annual meeting for the day in April. ^-,^^j.^.gj-|^ year, for the choice of officers and the transaction of sucli other business as may be specified in the warrant therefor, at such time during the month of April as the directors may designate, anything in the by-laws of said company to the contrary notwithstanding. 1852. Chaf. 40—42. 23 Sect. 2. Notice of said meeting shall be given in the manner prescribed by the by-laws of said company. Sect. 3. This act shall take effect from and after its passage. [Approved by the Governor, March 18, 1852.] An Act in addition to an Act to facilitate the settlement of Estates of Per- Qfim), 41 sons Deceased. Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Nothing in the act passed on the fifteenth day Executors and of May, in the year one thousand eight hundred and fifty- nordeprh^dof one, and entitled " An Act to facilitate the settlement of the right to Estates of Deceased Persons," shall be deemed to deprive l?itf/^^o ™°^'*' executors and administrators of the right to transfer at pleasure, deeds of mortgage, and the real estate thereby conveyed, and the debts thereby secured, either before or after possession shall have been taken for foreclosure of the same ; and all such transfers heretofore made without license of court, and all titles to real estate held under such transfers, are hereby fully ratified and confirmed. Sect. 2. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor, March 26, 1852.] An Act authorizing the Mansfield Coal and Mining Company to construct Chap. 42 a Railroad. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The JMansfield Coal and Mining Company are Location of hereby authorized to locate and construct a railroad, com- road, mencing near the present pit of said company in the town of Mansfield, or any other pit which they may sink upon their land in said town, and running to some convenient point on the Boston and Providence Railroad, in said town of Mansfield, with all the powers and privileges, and sub- ject to all the duties, restrictions, and liabilities set forth in Duties, liabili- the forty-fourth chapter of the Revised Statutes, and in that t'^s, &c. part of the thirty-ninth chapter thereof, and in all subsequent statutes relating to railroad corporations. Sect. 2. The said company are hereby authorized to Authorized to , - , . . , ,1 1 11 i_ expend of the expend of their capital stock such sum as shall be necessary capital stock, for the construction and equipment of said railroad. ^, ^^^.^^ Sect. 3. Said company is authorized to make contracts contracts with with the Boston and Providence Railroad Corporation for ;,^;,fi^;'^°c''e'R! furnishing motive power and cars, and operating the road Road. 24 1852. -Chap. 42—45. Location to be filed within three years. hereby authorized to be built, and for the transportation of coal brought on said road, and to be earned over any part of said Boston and Providence Railroad. Sect. 4. If the location of said road be not filed accord- ing to law within three years from the passage of this act, this act shall be void. [Approved by the Governor, March 26, 1852.1 Chap. 43 An Act to authorize the Organization of the Lawrence Machine-Shop. Be it enacted by the Senate and House of Representa- tives, in General Cour't assembled, and by the authority of the same, as follows : Corporators. Purpose. Capital not less than ;g200,000 nor more than ;g750,00O. Takes effect. Sect. 1. J. "Wiley Edmands, Andrew T. Hall, Charles S. Storrow, N. Appleton, Robert Hooper, Ignatius Sargent, and their associates, are hereby authorized to organize a corporation by the name of the Lawrence Machine- Shop, for the purpose of manufacturing machinery in the town of Lawrence, according to the provisions of " An Act relating to Joint- Stock Companies," passed in the year one thou- sand eight hundred and fifty-one, with a capital stock of not less than two hundred thousand dollars nor more than seven hundred and fifty-thousand dollars, anything in that act to the contrary notwithstanding. Sect. 2. This act shall take effect from and after its passage. [Appi'oved by the Governor, March 26, 1852.] Chap. 44 Lunatic In- dians. An Act in relation to the State Lunatic Hospital. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as folloivs : The judges of probate in the several counties of the Commonwealth shall have the same authority to commit lunatic Indians, resident within their respective counties, to the State Lunatic Hospital, as they now have in regard to other persons. [Approved by the Governor, March 26, 1852.1 Chaj). 45 Amount of real and per- An Act in addition to an Act to incorporate the American Antiquarian Society. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the sam,e, as folloivs : Sect. 1. The American Antiquarian Society is hereby authorized and empowered to hold for the purposes for 1852. Chap. 45—48. 25 which said society was incorporated, real estate, the annual sonai estate income of which shall not exceed the sum of five thousand ^^^'^ dollars, and personal estate, which, exclusive of books, papers, and articles in its cabinet, shall not exceed the sum of one hundred thousand doUars. Sect. 2. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor^ March 26, 1852.] An Act concerning Police Courts. Chat) 46 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The several police courts in the Commonwealth may exercise all the powers, and perform aU the duties, given to and required of, justices of the peace by the laws of this Commonwealth, in and for the several counties in which said courts are respectively located. Sect. 2. This act shall take effect from and after its passage. [Approved by the Governor, March 26, 1852.] An Act extending the time for the location and construction of the Rail- Qjinvi 47 road of the Midland Railroad Company. ^ Be it e?iacted by the Senate and House of Representa- tives, i?i General Court assembled, and by the authority of the same, as follows : Sect. 1. The time fixed by the act incorporating the xwo years. Midland Raiboad Company, for the construction of said Railroad, is hereby extended two years. Sect. 2. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor, March 26, 1852.] An Act to prevent the destruction of Shad and Alewives in tlie Saugus Chap. 48 River and its tributary streams within the city of Lynn. -^* Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The city council of the city of Lynn is hereby CitycouncUof empowered and directed, in the month of April or May an- p^° ^ a°com- nually, to choose five persons, inhabitants of said city, to mittee of five, see that the laws respecting the passage-ways for shad and ^o°rn, &c. alewives be observed ; and each person so chosen shall bo sworn to the faithful discharge of his duty. And the said Committee committee, or a major part of tliem, are hereby authorized ^{jf Jjjj^^o**® and empowered to order the times, places, and manner in fishing, &c. 4 26 1852. Chap. 48. which said fish may be taken in Saugus River and streams Proviso. in said city : provided, however, that no person shall be al- lowed to take said fish as aforesaid more than three days in any one week : and provided, also, that the taking of said fish shall not be prohibited more than four days in any one Regulations to week. And the regulations which shall be so agreed upon be published, ^y ^^^^ committee, shall be written and posted in three public places, or published in a newspaper in said city. Owners of Sect. 2. The said committee, or a majority of the mav^be^requir- members, are hereby authorized and empowered to require ed to open pas- of the owuer or occupant of any dam or sluice-head of any from'Tpru'l to ™^ erected, or that may be erected over said river or stream, June 20. to Open and keep therein a sufficient passage-way for such fish, at such time, between the first day of April and the twentieth day of June, annually, as the said committee or the Further pow- major part of them shall think necessary; and may also re- mitteV^^ '^°"^' Claire of the owner or occupant of any canal or course, whereby any natural stream is or shall be in part changed or altered, to leave sufficient water in the natural stream for the easy and safe passage of said fish ; and upon neglect or re- fusal of such owner or occupant of any dam, sluice-head, or canal as aforesaid, to comply with this act, the said com- mittee, or major part of them, shall and may cause sufficient passage-way and opening as they shall judge necessary for the purposes aforesaid, to be made in such dam, sluice-head, or canal, with the least prejudice to the owner or occupant, and at his expense. And such passage-way and opening shall and may be continued at the discretion of said com- mittee, from the time they shall order the same, as afore- said, and until they shall order or permit the closing of the Fine for ob- same, between the days above named. And if any person sage-way &c!" shaU obstruct the passage-way or opening requned or al- lowed by said committee, or the major part of them, as aforesaid, or in any manner obstruct the passage of said fish, or put, or cause, or suffer to be put in either of said streams any noxious substance whereby said fish may be destroyed, or their passage hindered, such offender shall for- feit and pay a sum not exceeding twenty dollars for each offence. Penalty for Sect. 3. If any person or persons shall be found taking uking fish, g^j^y q£ ^|jg aforesaid fish on any day, or in any place, or in any manner contrary to the regulations of the said commit- tee, or of the provisions of this act, or of otherwise Idlling or wasting such fish, such offender shall forfeit and pay a sum not exceeding ten dollars, nor less than one dollar for each offence. non-*re*sident Sect. 4. If any person, not a resident of the city of offenders. Lynn, shall take any fish from either of said streams within 1852. Chap. 48—50. 27 said city, lio shall forfeit and pay a sum not exceeding twenty dollars for each offence. Sect. 5. It shall be the duty of said committee to see Committee not the observance of this act, and they shall have authority trespassers *^ wqiIg Q1S~ therefor to go upon the land bordering upon the said river or charging their streams, and shall not be considered as trespassers therein. <^^ties. And any person who shall molest said committee or either of them, in the execution of the duties of their office, shall Fine for mo- forlVit and pay a sum not exceeding ten dollars nor less than mittef. ^°^' one dollar. Sect. 6. All fines and forfeitures given by this act may Fines, how re- be recovered by complaint or information in the police court covered, of said city, and to the use of said city ; and all costs costs, &c., incurred therein, if not otherwise recovered, shall be paid ^^ow paid, by said city. Sect. 7. All acts and parts of acts heretofore made, Acts repealed, which are inconsistent with the provisions of this act, are hereby repealed. Sect. 8. This act shall take effect from and after its Takes effect, passage. [Approved bij the Governor, March 26, 1852.] An Act to incorporate Mount Hollis Seminary. Chan 49 Be it eriacted by the Seriate and House of Representa- tives, in General Court assc?nbled, and by the authority of the same, as follows : George F. Walker, Timothy Walker, Joshua T. Tucker, Corporators, their associates and successors, are hereby incorporated by the name of iNIount Hollis Seminary, to be estabfished in the town of HoUiston, in the county of Middlesex, with the powers and privileges, and subject to the duties and liabili- Powers, du- ties, provided in chapter forty-fourth of the Revised Stat- **®^' °' utes, with power to hold real and personal estate iiot „^ . ^ ^^^^ ^^^ exceeding in value fifty thousand dollars, to be devoted ceeding $50,- exclusively to the purposes of education. [Approved ^Z/ fo^; gducation- the Governor, March 26, 1852.] ai purposes. An Act to authorize Jesse Small to extend and maintain a Wharf in Chap. 50 Provincetown. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Jesse Small is hereby authorized to build and maintain a wharf from his land, adjoining the harbor of Provincetown, and to extend the same to five feet of water at low tide ; and he shall have the right to lay vessels at the said wharf, and to receive wharfage and dockage therefor: provided,^ that this grant shall in nowise impair the legal rights of any person. [Approved by the Governor, March 20, 1 852.] 28 1852. Chap. 51—53. Chap. 51 -^^ ^'■^^ giving concurrent jurisdiction to the Supreme Judicial Court and ■^ Court of Common Pleas in certain cases. Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The supreme judicial court shall have concur- rent jurisdiction with the court of common pleas in all cases of writs of entry for the foreclosure of mortgages. Sect. 2. All actions for the foreclosure of mortgages now pending, and which have been removed from the court of common pleas to the supreme judicial court and entered therein, shall be and remain in said court, and be proceeded in, any act of this Commonwealth to the contrary notwith- standing. Sect. 3. The coui't of common pleas shall have con- current jurisdiction with the supreme judicial court in all actions respecting easements on real estate. [Ajrproved hi) the Governor, March 26, 1852.] ChaV. 52 -^^ ^^^ ^° continue m force an Act to incorporate the Lynn Mechanics' ^' Fire and Marine Insurance Company. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as folloivs : Charter ex- Sect. 1. The act to incorporate the Lynn Mechanics' tended to pjj.g ^nd Marine Lisurance Company, passed on the twenty- from January third day of January, one thousand eight hundred and 23, 1853. thirty-three, shall be and remain in force for the term of twenty years from the twenty-third day of January, one thousand eight hundred and fifty-three ; and said corpora- tion shall be continued through that term, with all the Liabilities, &c. powcrs and privileges, and subject to all the duties, liabili- ties, and restrictions, set forth in the thirty-seventh and forty-fourth chapters of the Revised Statutes, and in aU subsequent acts relating to insurance companies. Section repeal- Sect. 2. Section third of the act aforesaid, incorporating ed of former paid Lynn Mechanics' Fire and Marine Insm*ance Company, is hereby repealed. [Approved by the Governor, March 26, 1852.] Chap. 53 ^^ -^ct to incorporate the Town of Winthrop. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the autJiority of the same, as follows : fh°Town of °^ ^^'^'^- 1- That portion of t he town of North Chelsea, lying Winthrop. southerly of a creek called " The Short Beach Creek," said 1852. Chap. 53. 29 creek beginning at a point at the river which divides Belle Isle from North Chelsea — said point being south, twenty- degrees east from the dwelling-house of James P. Sale, and east ten degrees north from Bunker Hill Monument, thence running east thirty-five degrees north forty-eight rods, thence running north fifteen degrees east thirty-two rods, thence running east thirty degrees south fourteen rods, thence rumiing east forty degrees north twenty-three rods to the inside of the short beach, thence east thirty degrees north eight rods to high-water mark, and into Lynn bay, is hereby incorporated into a town by the name of Winthrop, and the inhabitants of the said town of Winthrop are hereby invested with all the powers and privileges, and powers, liabiii- shall be subject to the duties and requisitions of other ties, &c. incorporated towns, according to the constitution and laws of this Commonwealth. Sect. 2. The inhabitants of said town of /Winthrop inhabitants shall be holden to pay all arrears of taxes which have been bound to pay assessed upon them by the town of North Chelsea, and the taxes, &c. said town of Winthrop shall be holden to pay their propor- Aiso,theirpro- tion of the debts due and owing by said town of North Smm°2ys^^ Chelsea, and also their proportion of the money appropri- appropriated. ated, or which may be necessary to build the Boatfiekl and Coolidge roads, in the year one thousand eight hundred and fifty-two, and shall be entitled to receive of the town of North Chelsea their proportion of all the corporate pro- ^'^es^^ts pro- perty now owned by said town of North Chelsea, such pro- portion of the portion to be ascertained by the last valuation of said town peny'of North of North Chelsea, and the said town of North Chelsea shall Chelsea, and incur no liability for the said town of Winthrop after the bmt^to^be^in- passage of this act. curred. Sect. 3. The said towns of North Chelsea and Win- support of throp shall be respectively liable for the support of all per- ^f^gP^^foi?"^"" sons who now do, or shall hereafter, stand in need of relief as paupers, whose settlement was gained or derived from a settlement gained or derived Avithin their respective limits. Sect. 4. In case the towns of North Chelsea and Win- Referees to be throp shall disagi-ee in respect to a division of paupers, ^as^g^o'^/d'i&r- town property, or town debts, the court of common pleas ence. of the county of Suffolk are hereby authorized to and shall, on application of said towns of North Chelsea and Win- throp, appoint three disinterested persons to hear the parties and award thereon, which award, when accepted by said court, shall be final. Sect. 5. The town of Winthrop shall, for the purpose -vvinthrop to of electing representatives to the General Court until the ""^"^^^"(.^^^^g* next decennial census, or until another apportionment of fo^ ^,i;o^.e of representatives be made, remain a part of the said town of representa- 30 1852. Chap. 53—55. tives until Nortli Chelsea, and vote at such place as the inhabitants next census, ^^ ^^^^ ^^^^.^j^ Chelsea hold their meeting for the election of representatives. Justice of Sect. 6. Any justice of the peace in the county of Suf- peace may is- f^i]^ jg hereby authorized to issue his warrant to any prin- sue warrant for .,.,,.•' . , -itr- • • i • meeting for cipal inhabitant oi the town of Wmthrop, requiring him to choice of town -^am the inhabitants of said town- to meet at the time and omcers. - . • i r c i • n place therein appointed, for the purpose of choosing all such town ofRcers as towns are by law authorized and required to choose at their annual meetings. Takes effect. Sect. 7. This act shall take effisct from and after its passage. [Appi'oved hy the Governor, March 27, 1852.] Chcin 54 ■^'^ ^^^ authorizing Arbitrators, Referees, and Auditors to administer "' Oaths. Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and hy the authority of the same, as follows : Arbitrators, referees, and auditors, appointed according to law, are authorized to administer oaths or affirmations to all witnesses who may appear to testify respecting any matters depending before them. [Approved by the Governor^ March 27, 1852.] Chav 55 ^^ ^^^ ^^^ ^^^ Voluntary Closing of Corporations. Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, arid hy the authority of the same, as follows : Supreme court Sect. 1. Whenever a majority in number or interest of may hear the ^^g members of any corporation shall desire to close their matter and de- ^, '' ^ , , .... , ,, cree dissoiu- conccms, they may apply by petition to the supreme tionofacor- indicial court, settins: forth in substance the grounds of their application, and said court, after due notice to all par- ties interested, may proceed to hear the matter, and for reasonable cause, decree a dissolution of such corporation. Court may ap- Sect. 2. Upon such decree being made, said court may, point receivers at their discretion, appoint one or more persons to be re- or trustees. (.(.jyers or trustees, of and for such corporation, in like man- Powers, du- ner and with the like powers and duties as provided in ties, &c. sections eight and ten of chapter forty-four of the Revised Statutes ; and said court shall have like jurisdiction of, and powers in, such application, and all questions arising in the proceedings thereon, as provided in section nine of said chapter forty-four. Corporations Sect. 3. All corporations so dissolved by decree, as so dissolved, aforesaid, shall be deemed and held extinct in like manner, 1852. Chap. 55—57. 31 to tlio same extent, and with like effect, as if their charters deemed ex- had expired by their own limitation. ^^^'^^' ^''^ Sect. 4. All acts or parts of acts inconsistent with the Acts repealed, provisions of this act are hereby repealed. [Approved by the Governor, March 27, 1852.] An Act in addition to " An Act concerning Cemeteries." Chart '^fi Be it enacted hij the Senate and House of Representa- tives, in General Court assembled, and by the aiUhority of the same, as follows : Sect. 1. Any ten or more persons, being a majority in Ten or more interest of the proprietors of any cemetery desirous of persons may .1^*., •' ,.•' , . organize as a organizmg said proprietors as a corporation, may do so in corporation, the manner provided in the forty-third chapter of the Re- vised Statutes. Sect. 2. Every such corporation shall have the rights, Powers, du- privileges, and powers, and be subject to the duties, regula- *^^^' **'• tions, and liabilities, contained in the first sixteen sections of said forty-third chapter, and also in the act concerning cemeteries, passed in the year one thousand eight hundred and forty-one, to which this act is in addition : provided, that Proviso. nothing herein contained shall authorize said corporation to make sale of or shall impair the right of any proprietor of said cemetery. [Approved by the Governor, March 27, 1852.] An Act to authorize the organization of a corporation by the name of the (Jhny) 57 American Linen Manufacturing Company. ^ Be it enacted by the Senate and House of Representa- tives, in General Court assembled^ and by the authority of the same, as follows : Sect. 1. Richard Borden, Jefferson Borden, Oliver S. Corporators. Hawes, and their associates, are hereby authorized to organize a corporation by the name of the American Linen Manufacturing Company, for the purpose of manufactur- ing, bleaching, and finishing linen goods, in the town of Fall River in the county of Bristol, according to the pro- visions of the one hundred and thirty-third chapter of the acts of the year one thousand eight hundred and fifty-one, entitled " An Act relating to Joint-Stock Companies," with Capital not a capital stock of not less than two hundred thousand dol- less than lars, nor more than five hundred thousand dollars, anything mire' tUan""*^ contained in said act to the contrary notwithstanding. ^ooo.ooo. Sect. 2. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor, March 27, 1852.] 32 1852.- -Chap. 58—59. Cha^. 58 Corporators. In Province- town. Purpose, du- ties, &c. May hold real and personal not exceeding 520,000. Proviso. Shall not im- pair legal rights. An Act to incorporate the Union Marine Railway. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Charles A. Hannum, Stephen Nickerson, Al- fred Nickerson, their associates and successors, are hereby made a corporation, by the name of the Union Marine Railway, in Provincetown, for the purpose of constructing and maintaining a railway, suitable for repaning vessels, at Union wharf in Provincetown ; with all the powers and privileges, and subject to all the duties, liabilities, and re- strictions, set forth in the forty-fourth chapter of the Revised Statutes. Sect. 2. The said corporation may hold real and per- sonal estate, necessary for the purpose aforesaid, not ex- ceeding in amount twenty thousand dollars ; provided, that no shares in said corporation shall be issued for a less sum or amount, to be actually paid in on each, than the par value thereof, when first issued. Sect. 3. This act shall in nowise impair the legal rights of any person whomsoever. [Approved by the Governor, March 27, 1852.] Chaj). 59 Corporators. Duties, liabili- ties, &c. May hold cer- tain real es- tate. May improve, sell, and con- vey, &c. Capital not to exceed ^300,- 000. No stock is- sued under par. Takes effect. An Act to incorporate the Gary Improvement Company. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as folloivs : Sect. 1. John H. Wilkins, James Sturgis, John Gard- ner, their associates and successors, are hereby made a corporation by the name of the Gary Improvement Com- pany, with all the powers and privileges, and subject to all the duties, liabilities, and restrictions, set forth in the forty- fourth chapter of the Revised Statutes. Sect. 2. Said corporation may purchase and hold the whole or any part of certain real estate in Chelsea described in the deed of Charles S. Cary to Joseph W. Clark, dated September first, one thousand eight hundred and fifty-one, and recorded with Suffolk deeds, liber six hundred and twenty-five, folio one hundred and eighty, and may grade and prepare the same for sale, and sell and convey the whole or any part thereof. Sect. 3. The capital stock of said corporation shall not exceed three hundred thousand dollars, and no shares in the capital stock shall be issued for a less sum or amount to be paid in on each than the par value of the shares first issued. Sect. 4. This act shall take effect from and after its passage. [Appi'oved by the Governor, March 27, 1852.] 1852. Chap. 60—61. 83 An Act to incorporate the East Boston Library Association. Chat). 60 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. James B. Allen, Joseph Robbins, and Benja- Corporators, mill Pond, their associates and successors, are hereby made a corporation by the name of the East Boston Library Association, to be established in that part of the city of Boston called East Boston, in the county of Suffolk, for the pm-pose of instituting and maintaining a library and Purpose, reading-room, advancing useful arts and sciences, and pro- moting public instruction, by lectures or otherwise, with all the powers and privileges, and subject to all the duties, Powers, &c. restrictions, and liabilities, set forth in the forty-fotui;h chap- ter of the Revised Statutes. Sect. 2. Said corporation may hold real and personal Capital not ex- estate to an amount not exceeding in the whole the sum of ^^"^^ ^'^^'' seventy-five thousand dollars, the income of which shall be devoted to the aforesaid purposes. [Approved by the Gov- ernor, March 27, 1852.] An Act to incorporate the Lynnfield Mutual Fire Insurance Company. Chat) 61 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Samuel N. Newcomb, Levi H. Russell, "Wil- Corporators, liam R. Roundy, their associates and successors, are hereby made a corporation by the name of the Lynnfield Mutual Fire Insurance Company, to be established in the town of Lynnfield, for the term of twenty-eight years, for the pur- pose of insuring dwelling-houses and other buildings, and personal property, against loss by fire, with all the powers and privileges, and subject to all the duties, liabilities, and Powers, in- restrictions, set forth in the thirty-seventh and forty-fourth *^®^' ^'^' chapters of the Revised Statutes, and all subsequent laws of the Commonwealth relating to mutual fire insurance companies. Sect. 2. No policy shall be issued till the sum of fifty No policy is- thousand dollars shall have been subscribed to be insured. ^^'^^ ^^^^' ^^' [Approved by the Governor, March 27, 1852.] 5 34 1852. Chap. 62—63. Chup. 62 ^^ ^^^ t° extend the time for the erection of a Dam across Bayley's -^ ' Creek, in the Town of Cohasset. Be it etiacted by the Senate and House of Representa- tives, in General Court assembled, ajid by the authority of the same, as follows : Time extended The time ill wliich Charles B. Sawyer and Stephen M. to 29th April, ^q^i are, by an act entitled " An Act to authorize Charles B. Sawyer and Stephen M. Allen to erect a dam across Bayley's Creek," enacted on the twenty-ninth day of April, in the year one thousand eight hundred and fifty, required to build said dam, is hereby extended to the twenty-ninth day of April, in the year one thousand eight hundred fifty- four. [Approved by the Governor, March 27, 1852.] Chdt) 63 -^^ ^^^ relating to the Annual Meeting in the Town of Sandwich for the ^' Year One Thousand Eight Hundred and Fifty-two. Be it enacted by the Senate and Mouse of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Collectors of Sect. 1. The collectors of taxes in the town of Sand- edufmakl^cer- wich are hereby authorized to make the returns required by tain returns, section third of chapter third of the Revised Statutes, at any time not less than seven days before the first Monday Selectmen to of April next ; and the selectmen of said town are also make out cer- hereby authorized to make out the lists requned by section post tiie same, fifth of said chapter, from the returns of the collectors as <^'c. above made, and to cause them to be posted up five days before the said first IVIonday of April next in two or more pubfic places in said town. List of voters Sect. 2. The list of voters thus made out, may be used to be used at in w^q annual meeting of said town, to be holden on the ing in April first Monday of April next ; and the election of all town next. officers, and the transaction of all business at said meet- Shall be valid, ing, shall be as vafid as it would have been had the returns ^^- of the collectors and the lists of the selectmen been made, as requned by the provisions of chapter third of the Revised Statutes. Takes eflfect. Sect. 3. This act shall take effect from and after its passage. [Approved by the Governor, March 21, 1852.] 1852. Chap. 64—66. 3S. An Act to prevent the wilful injiwy of Bank-Bills. ChcLD. 64 Be it enacted by the Senate and Honse of Representa- tives, i?i Genei'al Court assembled, and by the authority of the same, as follows : Any person who shall be convicted of wilfully and mali- Penalty for ciously tearins:, cutting, or in any other manner dam-^nkbiUs^ aging and imjiairing the usefulness for circulation of any bank-bill, or note of any bank in this Commonwealth, shall be punished by a fine not exceeding ten dollars for each offence, to be recovered by complaint before any justice of ^°^ recover- the peace or police court : provided, that the possession or proviso. uttering of any bill so injured shall not be considered evi- dence of its having been so injured by the person in whose possession it is found ; unless connected with ckcumstances tending to prove that the bill was so injured by the person holding or uttering the same. [Approved by the Governor, March 27, 1852.] An Act to increase the Capital Stock of the Salem Steamboat Company. Qhnn Qh Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : The Salem Steamboat Company is hereby authorized to increase not increase its capital stock by adding thereto an amount not I^q^ooo"^ exceeding thirty thousand dollars ; and said company may hold real estate not exceeding in amount twenty thousand dollars : provided, that no shares in said capital stock shall Proviso. be issued for a less sum or amount, to be paid in on each, than the par value of the shares first issued. [Approved by the Governor, March 27, 1852.] An Act to regulate the setting of Mesh Nets in North River. ChaD 66 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. No person or persons shall set or cast any When nets mesh net across North River, so called, in the county of ^^^ ^^ ^®*" Plymouth, so as to prevent the free passage of fish up or down said river, on any days excepting Mondays, Wednes- days, and Fridays of each week, from sunrise to sunset of said days. Sect. 2. All laws restricting and regulating the setting of seines in said North River, shall apply to the setting of mesh nets in said river. [Approved by the Governor, March 27, 1852.] 36 1852.- -Chap. 67—68. Chap, 67 Proprietors of Fall River •wharf author- ized to con- struct a rail- road track. Location. Crossing pro- vided for. Connection with Fall River Railroad. An Act to authorize the construction of a Railroad Track in the Town of Fall River. Be it enacted hy the Senate and House of Representa- tives, 171 General Court assembled, and hy the authority of the same, as follows : Sect. 1. Nathan Slade, Abner Slade, and Nathaniel B. Borden, proprietors of the wharf in Fall River known as the Fall River Wharf, their successors and assigns, for the purpose of facilitating the transportation of merchandise to and from said wharf, are hereby authorized to construct and maintain a railroad track, commencing upon said wharf, and from thence extending by a curved line easterly and northerly across a public street or highway to, and to connect with the Fall River at a point near the range of the northerly line of land connected with said wharf, and belonging to said proprietors. Sect. 2. A good and sufficient crossing at said street, or highway, for teams and carriages, shall be maintained by the proprietors aforesaid ; and in arranging the same they shall be subject to such rules and requirements as by the selectmen of the town of FaU River may be deemed reasonable and necessary. Sect. 3. The connection with the Fall River Railroad shall be in such manner, and upon such terms, as may be mutually agreed upon by said proprietors with the Fall River Railroad Company. [Approved by the Governor, March 27, 1852.] Corporators. Chap. 68 An Act to incorporate the Flax Pond Fishing Company, in Dennis. Be it enacted hy the Seriate and House of Representa- tives, in General Court assembled, and hy the authority of the same, as follows : Sect. 1. James Howes, WiUiam CroweU, 2d, John Gorham, their associates and successors, are hereby made a corporation by the name of the Flax Pond Fishing Com- pany, in Dennis, and are empowered to open a brook, or outlet, from Flax pond to Sesuit creek, so called, and also improve Sesuit creek (into which said pond empties) to the sea, so far as may be necessary for the purpose of an ale- wive fishery, and to regulate the same, and for this purpose shall have all the powers and privileges, and be subject to all the duties, restrictions, and liabilities, contained in the forty-fourth chapter of the Revised Statutes. Sect. 2. K any person, without permission of the cor- poration, shall take, catch, or haul on shore, any alewives in said pond, or brook, or creek, or outlet so made, the per- Purpose. Powers, du- ties, restric- tions, &c. Penalty for violating this act. 1852. Chap. 68—69. 3*1 son so offending shall forfeit, and pay, for the use of said corporation, a sum not exceeding two dollars, if the quan- tity so taken be less than one barrel, but, if said quantity be more than one ban-el, the person so offending shall forfeit and pay, for each and every barrel of fish so taken, five dol- lars, to be recovered in any coiu^t proper to try the same. Sect. 3. If any damage shall be done by said corpora- Indemnity to tion to the property of any individual, such individual shall damag^e! ^°' be entitled to reasonable indemnity for the damage done him. Sect. 4. Any inhabitant of the town of Dennis shall be inhabitants of entitled to the privilege of becoming a member of said cor- be^come mem- poration : provided, application is made therefor within three ^"s. months from the passage of this act : and provided, also, Proviso. that said applicants pay their proportion of the expenses which shall have accrued to said corporation. Sect. 5. If the said corporation shall neglect to execute Forfeiture of and complete the improvements provided for in this act c^^'^'^'^- within three years from the passage thereof, then the same shall be void and of no effect. Sect. 6. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor, March 27, 1852.] An Act to authorize the organization of the " American Tube -Works" Chap. 69 Corporation. Be it enacted by the Senate and House of Representa- tives, in Geyiei'al Court assembled, and by the authority of the same, as follows : Sect. 1. Joseph Cotton, William E. Coffin, Holmes Corporators. Hinkley, Joseph E. Cotton, Daniel F. Childs, and their associates, are hereby authorized to organize a corporation by the name of the " American Tube Works," for the pur- pose of manufacturing brass and copper tubes, and other brass and copper work, in the town of Somerville, in the county of Middlesex, according to the provisions of the one hundred and thirty-third chapter of the acts of the year one thousand eight hundred and fifty-one, entitled " An Act relating to Joint-Stock Companies," with a capital stock of p^pit^lnot not less than two hundred thousand doUars, nor more than ^200,000 nor three hundred thousand doUars, anything in said act to the ^^q^qqq*'^ contrary notwithstanding. ' Sect. 2. This act shall take effect from and after its Takes effect. passage. [Approved by the Governor, March 30, 1852.] 38 1852. Chap. 70—71. Chap. 70 -^^ "^*^^ ^^ incorporate the proprietors of the Odd Fellows Hall in the City of Boston. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. Joseph L. Drew, Alfred Mudge, Hezekiah Prince, their associates and successors, are hereby made a corporation by the name of the " Proprietors of the Odd Fellows Hall in the City of Boston," for the purpose of providing and maintaining a building in said city suitable for lectures, a library, and the meetings of said proprietors, Powers, du- with all the powers and privileges, and subject to all the les, c. duties, liabilities, and restrictions, set forth in the forty- fourth chapter of the Revised Statutes. May hold Sect. 2. Said corporation may, for the purposes afore- and V20 000^ ' ^^id, hold real estate not exceeding in value one hundred personal es- thousand dollars, and personal estate not exceeding twenty- ^^^^' five thousand dollars. [Approved by the Governor, March 30, 1852.] Chap. 71 -^^ "^^^ *° incorporate the Westfield Mutual Fire Insurance Company. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. Norman T. Leonard, William G. Bates, Ed- ■ward B. Gillett, their associates and successors, are hereby made a corporation by the name of the Westfield Mutual Fire Insurance Company, in the town of Westfield in the Term, twenty- comity of Hampden, for the term of twenty-eight years, for eight years. ^}^g purpose of insuring dwelling-houses and other buildings, and personal property, against loss by fire, ^\-ith all the Powers, liabili- powers and privileges, and subject to aU the duties, liabifi- ties, &c. ligg^ a.nd restrictions, set forth in the thirty-seventh and forty-fourth chapters of the Revised Statutes, and all laws subsequently passed relating to mutual fire insurance com- panies. When com- Sect. 2. No policy shaU be issued till the sum of one mence insur- hundred thousand dollars shall have been subscribed to be insured. [Approved by the Governor, March 30, 1852.] 1852. Chap. 72—73. S9 An Act to incorporate the Beverly Insurance Company. Chat). 72 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as folloivs : Sect. 1. William H. Lovett, Alpheus Davis, Josiah L. Corporators. Foster, their associates and successors, are hereby made a corporation, by the name of the Beverly Lisurance Com- pany, in Beverly, for the term of tv\'enty years, for the purpose of making insurance against maritime losses, on Purpose, mn- the principle of inutual insurance, with all the powers and t^^i insurance, privileges, and subject to all the duties, liabilities, and re- Duties, &c. strictions, set forth in the thirty-seventh and forty-fourth chapters of the Revised Statutes, so far as the same are applicable to the corporation hereby created. Sect. 2. No policy shall be issued by said company xo policy is- until the sum of lifty thousand dollars shall be subscribed sued until, &c to be insured ; and no division of the profits of the company shall be made so long as the company shall be liable on any policy. Sect. 3. On receiving from the subscribers thereto a When may capital of thirty thousand dollars, said company may issue ^^nce^ &c!^' policies other than on the mutual principle, subject to all the duties, liabilities, and restrictions, and with all the Restrictions, powers and privileges, set forth in the thu'ty-seventh chapter '^'^• of the Revised Statutes, and in subsequent acts relating to insiuance companies. Sect. 4. The capital of said company may be increased Capital, ^lOO,- to a sum not exceeding one hiuidred thousand dollars. [Approved by the Governor, March 30, 1852.] An Act to incorporate the " Boston Young Men's Christian Association." Ghni) 73 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Francis O. Watts, Stephen G. Deblois, Charles Corporators. T. Russell, their associates and successors, are hereby made a corporation by the name of the " Boston Young Men's Christian Association," in the city of Boston, for the pur- purpose. pose of improving the spiritual and mental condition of young men, with all the powers and privileges, and subject to all the duties, liabilities, and restrictions, set forth in the forty-fourth chapter of the Revised Stattites. Sect. 2. Said corporation may hold real and personal Capital, 540,- estate to an amount not exceeding forty thousand dollars. [Approved by the Governor, March 30, 1852.] 40 1852. Chap. 74—76. Chap. 74 -^^ ^^^ t° authorize William Thurston and James C. Coleman to extend ■^' their wharf. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as folloius : May extend to William Thurston and James C. Coleman, proprietors of and Bro n^s^^ ^ wharf in Newburyport lying between Central wharf and wharf. Brown's wharf, are hereby authorized to extend their wharf into the river as far as the said Central wharf and Brown's wharf are now extended : provided, that the extension be- yond their present structm-e shall be built on piles, which piles shall not be nearer to each other than six feet in the direction of the stream, and eight feet in a transverse direc- tion, and they shall have the right to lay vessels at said wharf and receive wharfage and dockage therefor: provided, this act shall not impair the legal rights of any person. [Approved by the Governor, March 30, 1852.] Chap. 75 An Act concerning Judicial Proceedings in the county of Dukes county. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the sa7ne, as follows : Any justice Sect. 1. In any suit now pending, or which may here- tnay issue ve- af^gj. ^g broufijht, in the county of Dukes, wherein the uirGS in. ccrtSrin o ' •/ ' cases. inhabitants of any town in said county are disqualified by law from acting as jurors, any justice of the court of com- mon pleas in which such action may be pending, as well in term time as in vacation, may issue an order to the clerk of said court, to issue writs of venire facias for a sufficient number of jurors to try such causes, from any town whose inhabitants are not so disqualified; and the clerk shall issue his venire facias accordingly. Sect. 2. This act shall take effect from and after its passage. [Approved by the Governor, March 30, 1852.] Chap. 76 An Act relating to Bonds. Be it e?iacted by the Senate arid House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Bonds, &c., All bonds and other obligations, under seal for the pay- bie1ike^pr°o^-^" mcut of moucy purporting to be payable to the bearer, or missory notes, some pcrsou designated, or bearer, or payable to order, which have been or hereafter shall be issued by any corpo- ration or joint-stock company, are hereby made negotiable in the same manner and to the same extent as promissory notes are now negotiable. [Approved by the Governor, March 30, 1852.] 1852. Chap. 77—79. 41 An Act extending the times for Locating and Constructing the Mount Chan, 77 Pleasant Branch Railway. ■* * Be it enacted hy the Senate and House of Representa- tives, in General Court asseinhled, and by the authority of the same, as follows : The times within which the Mount Pleasant Branch One year. Railway Company may locate and construct its road, are hereby respectively extended one year beyond the times now fixed by law. [Approved by the Governor, March 80, 1852.] An Act to incorporate the Marsh Bank Wharf Company. Chat) 78 Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as folloics : Sect. 1. Valentine Doane, Gilbert Smith, Elbridge G. Corporators. Doane, their associates and successors, are hereby made a corporation by the name of the Marsh Bank Wharf Com- pany, in Harwich, with aU the powers and privileges, and Powers, liabili- subject to aU the duties, liabilities, and restrictions, set forth *^^^' ^* in the forty-fourth chapter of the Revised Statutes. Sect. 2. Said company are hereby authorized to extend Wharfage, &c. their wharf in said Harwich one hundred feet into the har- bor, and may lay vessels thereat and receive wharfage and dockage therefor : provided, this grant shall not impair the legal rights of any person. Sect. 3. Said company may hold real and personal May hold real estate, necessary for the purpose aforesaid, not exceeding estat^!"^^""^* in amount six thousand dollars, in such shares as may be convenient : provided, that no shares shall be issued for a Proviso. less sum, or amount, to be paid in on each, than the par value of the shares first issued. Sect. 4. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor, March 30, 1852.] An Act to incorporate the Fitchburg Agricultural Society. Chat) 79 Be it enacted hy the Senate and House of Rep'resenta- tives, in General Court assembled, and by the authority of the same, as follows : Nathaniel Wood, Ivers PhiUips, and Abel F. Adams, their Corporators, associates and successors, are hereby made a corporation by the name of the Fitchburg Agricultm-al Society, for the Purpose, encouragement of agriculture and the mechanic arts, by premiums and other means, in the town of Fitchburg, in the county of Worcester, with all the powers and privileges, 6 42 1852.- -Chap. 79—81. Liabilities, &c. and subject to all the duties, liabilities, and restrictions, set forth in the forty-second and forty-fourth chapters of the Revised Statutes, and in all subsequent acts concerning agricultural societies ; and said corporation may hold and May hold ^15,- manage real estate not exceeding in value fifteen thousand ^° d S15 oocT*^ dollars, and personal estate not exceeding the same sum, personal'. for the purposes aforesaid. \Approved by the Governor^ March 30, 1852.] Trustees may apply the be- quests of Theo. Lyman for en- larging the buildings, &c. ChttT). 80 ^^ ^^^ providing for the Enlargement of the State Reform School. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The trustees of the State Keform School at Westborough, are hereby authorized to apply any part of the bequests of the late Theodore Lyman, made for the benefit of said school, to the purpose of adding to or enlarging the buildings thereto belonging, to such an ex- tent that they may accommodate two hundred and fifty additional inmates, and to the proper furnishing the same : provided, such expenditure shall not exceed the sum of fifty thousand dollars. Sect. 2. When said addition, or enlargement, shall be completed, the said trustees shall provide for the reception of juvenile offenders to the extent of such additional accom- modations, under the same rules and regulations as are now by law established in reference to commitments to said reform school. [Approved by the Governor, March 30, 1852.] Proviso, When the en- largement is made addition- al accommoda- tions shall be provided for juvenile of- fenders. Chap. 81 Corporators. West Boyls- ton. May hold ^2000 in es- tates. An Act to incorporate the MoHnt Vernon Cemetery Association. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. John D. LoveU, Cephas Muzzy, John Law- rence, their associates and successors, are hereby made a corporation by the name of the Mount Vernon Cemetery Association, for the purpose of establishing and perpetuat- ing a place of burial of the dead, to be located in the town of West Boylston, in the county of Worcester, and shall have all the powers and privileges, and be subject to all the duties, liabilities, and restrictions, set forth in the forty- fourth chapter of the Revised Statutes. Sect. 2. Said corporation may hold real and personal estate, necessary and convenient for the purposes aforesaid, not exceeding in amount two thousand dollars. [Approved by the Governor, March 31, 1852.] 1852. CHAr. 82—84. 41 An Act to change the name of The Paper Manufacturers' Mutual Insur- Chan. 82 ance Company. "' Be it enacted by the Senate and House of Representa- tives, in General Court assembled, arid by the authority of the same, as follows : The Paper Manufacturers' Mutual Insurance Company shall hereafter be called and known by the name of The Western Massachusetts Insurance Company. [Approved by the Governor, March 31, 1852.] An Act concerning the Mariner's Mutual Marine Insurance Company. Chan 83 Be it enacted by the Senate and House of Represerita- tives, in General Court assembled, and by the authority of the same, as folloios : The time within which the Mariner's Mutual Marine Time extended Insurance Company are by law required to notify the sec- o^e year, retary of the Commonwealth of their acceptance of the act incorporating said company, is hereby extended for one year, from the twentieth day of May, one thousand eight hundred and fifty-two. [Approved by the Governor, March 31, 1852.] An Act to provide for the Preservation and Management of the Sartell Phnrn ft4. School Fund in the Town of Groton. ^nap. O* Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The inhabitants of school district number Town shall seven, in the town of Groton, in the county of Middlesex, •^^°°ss ^^^ shall annually, in the month of March or April, elect by "Trustees of ballot five persons, who shall be a body politic and corpor- Schm)YFund " ate, enjoying all the privileges and immunities, and being subject to all the duties and liabilities of similar corpora- Their duties, tions, so far as applicable to this, as provided in the forty- *°' fourth chapter of the Revised Statutes, and who shall be styled and denominated " The Trustees of the SarteU School Fund." Sect. 2. Said trustees shall annually choose one of Said trustees their number to be their clerk, who shall be sworn to the ^}^^} *^^°°?!iit r • 1 r 1 c c 1 • 1 • • 1 n- i clerk annually laithiul perlormancc of his duties in that oltice ; and another and aisoatrea- to be their treasurer, who shall give bonds with sufficient ^^^'^^ sureties to said trustees in the penal sum of at least double ^^ °^ ' the principal of the Sartell School Fund, for the faithful discharge of his duties in that office. 44 1852. Chap. 84—85. Trustees may take the fund left by J. Sar- tell for a wo- man's school, •with records, &c. Trustees of Groton Minis- terial Fund thereafter dis- charged. Trustees of Sartell fund to loan on notes and mortga- ges. How apply in- terest. Shall make an- nual report of doings, &c. Trustees joint- ly and several- ly responsible. Statutes re- pealed. Takes effect. Sect. 3. Said trustees shall, as soon as may be after their first election and organization, demand, take, and re- ceive of the trustees of Groton Ministerial Fund in said town, all that fund which proceeded from a devise made by the late Josiah Sartell, Esquire, of his Hobart farm, for the support of a woman's school, in said town, together with the records and documents in relation thereto, and which was intrusted to their possession and management, by the statute of eighteen hundred and fourteen, chapter twenty- one ; and upon the delivery of said funds, records, and documents, by said trustees of Groton Ministerial Fund, they shall thereafter be wholly released, and exempted from all duties, obligations, and liabilities imposed upon them by said statute or otherwise. Sect. 4. It shall be the duty of the trustees of the Sar- tell School Fund to keep the principal of said fund loaned, upon interest, to be paid annually, taking security therefor by notes and mortgages of real estate, of double the value expressed in each note respectively, and to apply the said interest to the support of a woman's school, to be kept in said district number seven, in conformity as nearly as may be to the last will and testament of said Josiah Sar- tell, the founder of said fund ; and they shall annually report in writing, to the inhabitants of said district at their meet- ing for the choice of trustees, the state of said fund and their management thereof, for the year then last past, and said inhabitants may have and maintain an action of tort against said trustees jointly or severally, for any negligence or mis- feasance in their management of said fund or interest, whereby the same may be lost, diminished, or misapplied. Sect. 5. The statute of one thousand eight hundred and fifty, chapter one hundred and ninety-seven, and all other acts or parts of acts inconsistent with this act are hereby repealed. Sect. 6. This act shall take effect from and after its passage. [Approved by the Governor, March 31, 1852.] Chap, 85 Provincetown, Right of wharfage, &c. Proviw. An Act to authorize Ebcnezer W. Holway to build a wharf. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Ebenezer W. Holway is hereby authorized to build a wharf from his land adjoining the harbor of Provincetown, and to extend said wharf into six feet of water at low tide, and to lay vessels at the end and sides thereof, and receive wharfage and dockage therefor: provided, this grant shall not affect the legal rights of any person. [Approved by the Governor, March 31, 1852.J 1852. Chap. 86—87. 46 An Act to Protect Titles to Real Estate derived from Aliens. Chap. 86 Re it enacted hy the Senate and House of Representa- tives, in General Court assembled, and hy the authority of the same, as follows : No title to real estate shall be invalid on account of the alienage of any former owner or holder thereof: provided, that nothing herein contained shall defeat the title to any real estate heretofore conveyed or released by the Common- wealth or by authority of the same. [Approved by the Governor, March 31, 1852.] An Act authorizing the Hartford and New Haven Railroad Company to Chap. 87 increase their Capital Stock. Be it ejiacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The Hartford and New Haven Railroad Com- Capital may be pany are hereby authorized to increase their capital stock exceTding°°' to an amount not exceeding six hundi-ed and fifty thousand 56.50,000, in dollars, by creating an additional number of shares, not ^^^^^^ °^ ^^^ exceeding six thousand five hundred, of one hundred dollars each ; also, to make any lawful contract, and merge or May merge or make joint-stock with any other railroad company owning ^^^^ j^^'}^*' a branch of said railroad, or any other connecting line other roads on without the limits of Massachusetts, in the same manner tfJns!^ ^^^^^' and to the same extent as may be authorized by the General Assembly of the State of Connecticut ; and said company shall be subject to all the general laws of this Common- wealth to the same extent as if their road were wholly therein : provided, hovjevcr, that nothing in this act shall be Proviso. interpreted to confer the power to purchase, merge, or make joint-stock with the railroad of the New Haven and North- ampton company, known as the Canal Railroad. Sect. 2. Said additional shares shall be disposed of in Additional such manner as said company, at a lawful meeting of the dig^posedof. stockholders thereof duly notified shall determine, and shall be assessed as the directors shall deem expedient: but no portion of said stock shall be issued at less than one hun- dred dollars per share. Sect. 3. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor, March 31, 1852.] 46 1852. Chap. 88—90. Chap. 88 ^" ^^' *° authorize John B. Parker and associates to build a Wharf. Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and hy the authority of the same, as follows : In the town of Sect. 1. John B. Parker, and his associates, are hereby West New- authorized to build and maintain a wharf extending one hundred and twenty-five feet from high-water mark, at Gravel Point, on Men'imack River, in the town of West Newbury, to be called the West Newbury wharf; and shall have the right to lay vessels at the end and sides of said wharf, and to receive wharfage and dockage therefor : provided, that this grant shall not interfere with the legal rights of any person. [Approved hy the Governor, March 31, 1852.] bury. Right of wharfage, &c Proviso. Chan. 89 -^^ ^^^ ^° authorize the organization of the Serpentine Paint and Fire- ^ Brick Company. Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the sam^e, as follows : Corporators. Purpose. Capital not less than 5200,000 nor more than ,^300,000. Takes effect. Sect. 1. Heman S. Lucas, E-euben R. Chapman, Charles Phelps, and their associates, are hereby authorized to organize a corporation by the name of the Serpentine Paint and Fire-Brick Company, for the purpose of manu- facturing paint and fire-brick, in the town of Chester, according to the provisions of " An Act concerning Joint- Stock Companies," passed in the year one thousand eight hundred and fifty-one, with a capital stock of not less than two hundred thousand dollars, nor more than three hundred thousand dollars, anything in said act to the contrary not- withstanding. Sect. 2. This act shall take effect from and after its passage. [Approved by the Governor, April 1, 1852.] Chap. 90 Provincetown. An Act to autliorize Jonathan H. Young to build a Wharf. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and hy the authority of the same, as folloivs : Jonathan H. Young is hereby authorized to build a wharf from his land, adjoining the harbor of Provincetown, and to extend said wharf into six feet of water at low tide, and to lay vessels at the end and sides thereof, and receive w^harfage and dockage therefor : provided, this grant shall not affect the legal rights of any person. [Approved by the Governor, April 3, 1852.] 1852. Chap. 91—92. 41 An Act to authorize the Boston Society of Natural History to amend its CJidv) Ql Constitution. "' Be it enacted hy the Senate and House of Repi^esenta- tives, in General Court assembled, and hy the autliority of the same, as follows : The Boston Society of Natural History is hereby author- ^lay amend ized and empowered to amend the eighth article of its con- on^dr^consti- stitution, by inserting after the word " members," in the tution. third line of the printed copy thereof, the following words : " present at any two consecutive meetings of the society, the members having been first duly notified of any proposed alteration." [Approved by the Governor, April 3, 1852.] An Act to regulate the Fishery in Palmer's River. Chat) 92 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. From and after the passage of this act no per- Fishing pro- son, except as is hereinafter provided, shall take shad or ^priu to"juiy alewives, with seines or in nets, in Palmer's River, in the i, except, &c. town of Rehoboth, in the county of Bristol, from the first day of April to the first of July in each year : provided, that Town of Reho- the inhabitants of Rehoboth may, at a legal meeting held pHv^nege^or^^ for that purpose, dispose at public auction of the privilege fishing at auc- of taking fish for that year, with scoop-nets and seines, *^°°' only in said river, for the time aforesaid, to such person or persons as may offer the highest price for the same, and Conditions, shall give sufficient security for the payment of the pur- chase money at such time and in such manner as the town shall direct. Sect. 2. The said town may sell said privilege in sec- Town may sell tions, or otherwise, as the town may determine, and the privilege in , 1 i' • • 1 • -1 ^ sections, or purchaser or purchasers of any privilege or privileges of otherwise, taking shad or alewives aforesaid, or those employed by him or them, may take any of said fish in said river, be- tween Swanzey line and the Orleans dam, with scoop-nets, Three nights three nights in the week, beginning on Wednesday at sun- each week with set and ending at sunrise on Saturday of each week ; and may also take said fish with not more than two seines to Not more than be used at the same time, and in the daytime only, three two semes, and I • 1 1 • • mi 1 "^ • m daytime, days in each week, beginning on Thursday morning at three days sunrise and ending on Saturday at sunset, in any part of ^^'^^ ^®^^" said river between Swanzey line and Miller's bridge (so called), on said river, in said Rehoboth : provided, hotvever. No shad, &c., that no shad or alewives shall be taken in any manner from ^"^^^ juiy'i. said river after the first day of July in each year. 48 1852. Chap. 92. Town choose fish-wardens, Their duties. Authorized to pass over lands, &c. Penalty for molesting war- dens, &c. Penalty for placing ob- structions in river, &c. Laws repealed. Takes effect. Sect. 3. The town of Rehoboth, at their annual meet- ing in March or April, may choose one or more suitable persons to serve as fish-wardens, who shall be sworn to the faithful discharge of their duties, and shall see this act enforced, and shall prosecute for all violations thereof; and it shall be the duty of the said fish wardens to prevent and remove all obstructions in the course of the stream to the passing up and down of the fish during the season from the first day of April to the first day of July in each year ; and the said wardens, or either of them, and also those who are lawfully employed in catching or buying the fish taken in said river, shall be authorized to go upon and pass over the lands of any person, through or by which said river runs, without being considered trespassers : provided, they shall so pass over and on said lands only at such times and places as the fish-wardens shall direct and pre- scribe, and only when such passing over and on said lands shall be necessary for the purpose of protecting said fishery and taking and selling the fish, and shall do no more dam- age to said lands than is indispensable for such proper use ; and any person who shall wilfully hinder or molest the said wardens, or any person authorized by them in the necessary clearing of said river, and in the necessary and proper use of the lands on said stream, for protecting said fishery and taking or selling the fish, shall forfeit and pay not exceed- ing twenty dollars for each offence, to be recovered in the manner provided in the fourth section of this act. Sect. 4. If any person, or persons, other than those who have purchased a privilege, or privileges, shall fish with seine or nets at any time, or in any place or manner, or shall set any nets or seine, wear, or other obstruction, in said river, or in any part thereof, with intent to take or destroy any shad or alewives, he shall forfeit and pay twenty dollars for each offence, to be recovered to the use of the county in which the offence was committed, or by action of debt ; one half to the use of the person complain- ing, and who shall give information that shall lead to the prosecution and conviction of any person guilty of a viola- tion of the provisions of this act, and the other half for the use of the town in which the oflence shall be committed. Sect. 5. All laws heretofore passed relating to the fish- ery and fishing in Palmer's River, within the limits of the town of Rehoboth, are hereby repealed. Sect. 6. This act shall take effect from and after its passage. [Approved by the Governor, April 3, 1852.] 1852. Chap. 93. 49 An Act to incorporate the Massachusetts College of Pharmacy. Chap. 93 Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and hy the authority of the same, as follows : Sect. 1. Thomas Farrington, Joseph Burnett, George Corporators. S. Jones, and all such persons as arc now members of an association known as the " Massachusetts College of Phar- macy," or siiall hereafter become members of the same, are hereby constituted a corporation and body politic in law and in fact, to have continuance for twenty-five years, by the name of the " Massachusetts College of Pharmacy," for the purpose of cultivating, improving, and making known Purpose, the principles of pharmacy, its collateral branches of science, and the best modes of preparing medicines and their com- f)Ounds, and of giving instruction in the same by public ectures; and may hold real and personal estate to an May hold 520,- amount not exceeding twenty thousand dollars. <^oo. Sect. 2. The said college may establish by-laws and May establish rules for its government and regulation, and for the preser- ^y-iaws, &c. vation and application of the funds thereof, not repugnant to the constitution and laws of the United States or the Commonwealth of Massachusetts, and shall have power to erect an edifice for their accommodation, and to constitute a ^°^^r„*° "^f ' faculty or learned body, to consist of such head or heads, and constitute a such number of professors in chemistry, pharmacy, materia faculty, medica, and the collateral sciences, as they may judge necessary, and whenever they shall see fit, to remove them Power to re- or either of them, and to appoint others in their stead ; and ^^^^^ others " to do and perform all and singular, such acts as may be &c. &c. proper and necessary to the estabfishment of said college and faculty. Sect. 3. The officers of the college shall be a president, President, tAVo vice-presidents, recording secretary, corresponding sec- ^g'^^jP'^and retary, treasurer, and auditor, whose respective duties may other 'officers, be assigned by the by-laws, and who shall be elected either ^aUo^at^Mu- by printed or written ballots at the stated annual meeting ai meeting in on the first Monday in March of each year ; and any va- March. cancy may be filled by a special election by the members of Vacancies, said college. There shall also be elected at said annual ^""^ ^^'^^• meeting, eight trustees, whose duties may be designated by Eight trustees the by-laws, and who, with the other officers of the college, {q^ one\^eIrf shall serve one year, or until others are chosen to fill their and tiu others place. The officers of the college shall be ex officio mem- ^^ '=^'''''''- bers of the board of trustees, and said conjoint board, of Officers of tho wliich not less than five shall constitute a quorum, shall ^."^^ ^f^gt'ggsf'" conduct the ordinary affairs of the college. The said board may elect their own chairman and secretary, who shaff keep 50 1852. Chap. 93—94. May make a record of their proceedings. They may make such rules tions' &c ^^^^ regulations, and do such other things necessary for the support and government of the college of pharmacy, as they may deem fit and proper, and perform such duties Acts to be sub- as are or may be from time to time committed to them by mitted to the gg^jj collcffe : their acts, however, to be submitted to the coil6S6 for rc" o / / ? Tision, &c. college for revision at each stated meeting of the college. Trustees may Sect. 4. The board of trustees shall have power to issue cates^^of'mem- certificates of membership, to adopt rules and regulations bership anddi- in the examination of candidates, and the granting of diplo- plomas, &c. j-jjg^g ^Q those who shall have attended two courses of lectures of the college, and have studied not less than four years with one or more respectable druggist or apothecary, or shall have undergone a satisfactory examination by the trustees and professors of the college. College may Sect. 5. The College may have the right to issue scrip, ^tock^ execute ^^*^^^^' ^xccute bonds, mortgages, conveyances ; and to sell bonds', &c. its property, whether in real estate, books, productions of nature or art, under the common seal of said college and acknowledged by its president, or in any way dispose of its possessions so as to promote pharmaceutical education and the mutual advancement of its members, and the elevation of the art and business of the apothecary and pharma- ceutist in the community. Officers to hold Sect. 6. If the annual election for officers of the college are chosen^ and members of the board of trustees for any cause shall not be held on the day before-mentioned, the said corpora- tion shall not be thereby dissolved, but the officers and trustees shall continue in office until a new election. Corporation Sect. 7. The corporation hereby created, shaU be subject powers and du- ^Q the provisions and possess the general powers specified in reference to kindred and educational societies, in the Re- vised Statutes of the Commonwealth, and the legislature may inod^fy or "lay at any time modify, alter, or repeal this act. [Approved repeal. by the Govemor, April 3, 1852.] Chap. 94 An Act to establish the City of Springfield. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as folloios : Inhabitants of Sect. 1. The inhabitants of the town of Springfield Springfield shall Continue to be a body politic and corporate, under the made a body . ^ ^^ ■ ,- i ^ i iini corporate as name of the city of Springfield, and, as sucli, shall liave, fi'^rin^eld excrcisc, and enjoy all the rights, immunities, powers, and privileges, and be subject to all the duties and obligations now incumbent upon, and appertaining to, said town as a municipal corporation. 1852. Chap. 94. 51 Sect. 2. The administration of the fiscal, prudential, Government and municipal atTairs of said city, and the government ^ayor debt thereof, shall be vested in one principal officer, to be styled aidennen, and the mayor ; one council of eight, to be called the board of mon^councQ™' aldermen : and one council of eighteen, to be called the men. common council, which boards, in their joint capacity, shall be denominated the city council, and the members thereof shall be sworn to the faithful performance of the duties of their respective offices. A majority of each board shall Quorum, constitute a quorum for the transaction of business, and no member of either board shall receive any compensation for No compensa- liis services. All the powers now vested by law in the **°'*- town of Springfield, or in the inhabitants thereof, as a mu- i^°^heVimici^ nicipal corporation, shall be vested in the city council, and pal corpora- shall be exercised by concurrent vote, each board having a *^°°' negative on the other. Sect. 3. A board of five men shall be chosen by ballot Five men to be by the inhabitants of the town of Springfield, at the town {'oVatThemeet- meeting to be held for the purpose of voting upon the ing for accept- acceptance of this act, according to the provisions of the who''^ha\7'di- thirty-sL\th section of this act, an article being inserted in yide the town the warrant for said meeting for that purpose, and said ^arda!^^* board of five men thus chosen, as soon as may be after they are thus chosen, and after the acceptance of this act by the inhabitants, as hereinafter provided, shall divide said town into eight wards, in a convenient manner, so as best to ac- commodate the inhabitants of the several wards, to meet within the same for municipal purposes. And they shall shall appor- then apportion the members of the common council among ^^^ of ^com-"^ the several wards, by first assigning to each ward one mon council, member, and dividing the residue, as near as may be con- venient and equitable, according to the population of the several wards. The city council fijst chosen after this act City council shall take effect, and thereafter, once in five years, and not wards^once in^ oftcner, shall revise, and, if it be needful, alter said wards five years. in such manner as may be most convenient to the inhabi- tants, and shall re-apportion the members of the common council among the several wards, according to the principles herein prescribed for the original division and apportion- ment by the said board of five men. Sect. 4. On the first Monday of December, annually. Election of there shall be chosen by ballot, in each of said wards, a ^lerks^and in- warden, clerk, and three inspectors of elections, residents of specters on the wards in which they are chosen, who shall hold their oecember.^^''' otficcs for one year and until others have been chosen in their places, and qualified to act. The warden shall preside at all meetings, with the powers of moderator of town gj^" ^^ the meetings. And if the warden shall not be present, the clerk in his ab- 62 1852. Chap. 94. gence until, clerk shall preside until a warden, 7>ro tempore, shall be **^* chosen by ballot. If, at any meeting, the clerk shall not be Clerk pro tern, present, a clerk, pro tempore, shall be chosen by ballot. The may ec osen. ^^^^^ shall record all the proceedings, and certify the votes given, and deliver over to his successor all such records and journals, together with all other documents and papers, held Duties of in- by him in said capacity. The inspectors of elections shall spec ors, assist the warden in receiving, assorting, and counting the Oaths of ward votes. And the warden, clerk, and inspectors shall respec- adminlstered. tively make oath faithfully and impartially to discharge their several duties relative to all elections, which oath may be administered by the clerk to the warden, and by the warden to the clerk and inspectors, or by any justice of the peace for the county of Hampden. A certificate that said oaths have been taken shall be entered upon the records of Warrants for the ward, by the clerk. All warrants for the meetings of issue'cT^server ^^^ citizens for municipal purposes, to be held either in &c. wards or in general meetings, shall be issued by the mayor and aldermen, and shall be in such form, and be served, executed, and returned in such manner, and at such times, as the city council may by any by-law direct. City officers, Sect. 5. The mayor and aldermen (not more than two how elected; aldermen being residents of any one ward), the city clerk, dent. city treasurer, and a school committee of eight persons (one of whom shall be taken from each ward), shall be elected at large, by the qualified voters of the city, voting in their respective wards. And the common councilmen shall be elected from and by each ward, being residents in the wards All chosen by in which they are elected. All of said officers shall be office^one y^ear'! c^oscn by ballot, and shall hold their offices for one year until, &c. ' from the first Monday in January ; and the mayor, city clerk, and city treasurer, until others shall be elected and qualified in their places. Election on Sect. 6. On the first Monday in December, annually, of^December. *'^^ qualified votcrs in each ward shall give in their votes for a ward clerk, warden, and inspectors, and for mayor, aldermen, and common councilmen, city clerk, city treasurer, and eight persons, at large, to be a school committ(>e. All Votes given, the votes SO given shall be assorted, counted, declared, and comUed^^&c°^ registered in open ward meeting, by causing the names of persons voted for, and the number of votes given for each, to be written in the ward records, in words, at length. Duty of ward The ward clerk, within twenty-four hours after such elec- fjingl ^&c.^^^^' *ion, shall deliver to the persons elected members of the common council, certificates of their elections, signed by the warden and clerk and by a majority of the inspectors of elections, and shall deliver to the city clerk a copy of the Proviso. records of such election, certified in like manner. Provided, 1852. Chap. 94. 53 that if the choice of common councilmcn, ward clerk, war- don, or inspectors, shall not be effected on that day, the meeting may be adjourned from time to time, to complete such election. The board of aldermen shall, as soon as Board of aider- conveniently may be, examine the copies of the records of ^turns^^'d* the several wards, certified as aforesaid, and shall cause the notify the person who may have been elected mayor to be notified, in mayor elect, writing, of his election ; but if it shall appear that no per- son has received a majority of the votes, or if the person elected shall refuse to accept the office, the board shall issue JreTrekct*^^' their warrants for a new election, and the same proceedings non-accept- shall be had as are hereinbefore provided for the choice of *°'^®' *°* mayor, and repeated, from time to time, until a mayor is chosen. If it shall appear that the whole number of alder- in regard to men have not been elected, the same proceedings shall be aldermen also, had as are hereinbefore prescribed for the choice of mayor. And each alderman shall be notified, in writing, of his elec- tion, by the mayor and aldermen for the time being. In case of the decease, resignation, or absence of the In case of de- mayor, or of physical inability to perform the duties of his t^rmayor' °^ office, the board of aldermen and the common council shall, may meet in respectively, by vote, declare that a vacancy exists, and the anTfiiWacan- cause thereof ; whereupon, the two boards shall meet in cy, &c. convention and elect a mayor for the time being, who shall serve until another is chosen, or until the occasion causing the vacancy is removed. The oaths prescribed by this act Oaths, howad- may be administered to the mayor by the city clerk or any ^mistered, justice of the peace for the county of Hampden. The aldermen and common councilmen elect shall, on the Provisions for first Monday of January, at 10 o'clock in the forenoon, tion°oT^he d'ty meet in convention, when the oath required by this act government, shall be administered to them by the mayor, or any justice of the peace for the county of Hampden, and a certificate setting forth that such oath has been taken, shall be entered on the jomnals of each board by their respective clerks. When it shall appear that no mayor has been elected pre- in case no vious to the first Monday in January, the mayor and alder- ™een°elected, men for the time being shall make a record of that fact, an &c. attested copy of which the city clerk shall read at the open- ing of the convention to be held as aforesaid. After the oath has been administered, the two boards shall separate, and the common council shall be organized by the choice of a president and clerk, to hold their offices during the pleasiu-e of the common council ; the clerk to be sworn to the faithful performance of the duties of his office. In case In case of ab- of th(! absence of the mayor elect on the first Monday on^rs^Monlay in January, the city government shall organize itself, as of January, hereinbefore provided, and may proceed to business in the 54 1852. Chap. 94. same manner as if the mayor were present ; and, at any time thereafter, in convention of the two branches, the oath of office may be administered to the mayor, and to any member of the city council who may have been absent at Or at any the Organization. In the absence of the mayor at any meeting of the meeting, the board of aldermen may choose a presiding officer, pro tempore, who shall also preside at joint meetings Each board of the two boards. Each board shall keep a record of its keep records q^j^ proceedinafs, and iud^e of the elections of its own andbejudgeof ^ t e l- ■^ fix- • t its own eiec- members. In case oi lailure oi election, or m case oi a tions, &c. vacancy declared by either board, the mayor and aldermen how^fiUe^d^.' shall issue their warrants for a new election. Mayor to be Sect. 7. The mayor shall be the chief executive officer chief executive of Said city. He shall be vigilant and active in causing t^s*^^&c^^^ ^^' ^^^ laws, and all by-laws and ordinances of the city to be enforced, and keep a general supervision over the conduct Power of re- of all subordinate officers. And whenever, in his opinion, movai, &c. ^}^g public good requires it, he may, with the consent of the appointing power, remove from office any officer over May call spe- whose appointment he has the power of nomination. He ciai meetings, pnay q^ij special meetings of the boards of aldermen and common council, or either of them, when in his opinion the interests of the city require it, by causing notices to be left at the places of residence of the several members. He Shall coramu- shall commuuicate, from time to time, to both boards, such matioii^^'''^' information, and recommend such measures, as, in his opinion, the business and interests of the city may require. Shall preside, He shall preside in the board of aldermen, and in the con- vention of the two boards, but shall have only a casting Salary. votc. His Salary, for the first year in which this charter shall take effect, shall be four hundred dollars, and no more ; and it shall afterwards be fixed by the city council ; and it shall neither be increased nor diminished during the Proviso. year for which he is chosen : provided, that the city council may appoint the mayor, commissioner of highways, when in their opinion such an officer is necessary, and allow him a suitable compensation therefor. Powers vested Sect. 8. The executive power of said city generally, in mayor and and the administration of police, with all the powers here- ermen. tofore vested in the selectmen of Springfield, shall be vested in the mayor and aldermen, as fully as if the same were May appoint herein specially enumerated. The mayor and aldermen marsimh ^&c. ^hall have full and exclusive power to appoint a constable and assistants, or a city marshal and assistants, with the powers and duties of constables, and all other police offi- May require cers, and the same to remove at pleasm-e. They may re- bonds, quire any person appointed a marshal or constable of the city to give bonds, with such security as they may deem 1852. Chap. 94. 55 reasonable, before he enters upon the duties of his office ; upon which bonds the like procecdins^s and remedies may be had as upon constables' bonds taken by selectmen of towns. The mayor and aldermen shall have exclusive Exclusive power to grant licenses to inn-holders, victuallers, and re- power to grant tailers, as fully as the same powers are possessed by the '^®°^^^' *<^- mayor and aldermen of the city of Boston. The city council shall, annually, as soon after their or- Election of as- ganization as may be convenient, elect by joint ballot, in 1^11^1^'^°^' convention, three assessors, a collector of taxes, three per- seers of the sons to be overseers of the poor, and a chief engineer and as ^°°^' **'• many assistants not exceeding twelve as they may by vote determine, and fix their compensations, and the compensa- Compensa- tions of the city clerk, city treasurer, and school committee. They shall also, in such manner as they shall determine by Subordinate any by-law, appoint, or elect, all other subordinate officers a^p^oTnted°&c not herein otherwise directed for the ensuing year, and de- fine their duties and fix their compensations in cases where the same are not defined and fixed by the laws of the Com- monwealth. All sittings of the mayor and aldermen, and All sessions of the common council, shall be public, when they are not P"*^^^°- engaged in executive business. The city council shall take care that no moneys are paid No moneys from the treasury, unless granted or appropriated ; shall grant^d^^&c secure a just and proper accountability by requiring bonds, under proper with sutficient penalties and sureties, from all persons accountability, intrusted with the receipt, custody, or disbursement of money ; shall have the care and superintendence of the city Superintend- buildings, and the custody and management of all city huUdiii^s*"*^^'* property, with the power to let or to sell what may be legally sold, and to purchase property, real or personal, in the name and for the use of the city, whenever the interest or convenience of the inhabitants may, in their judgment, require it. And they shall, as often as once in a year, Accounts to be cause to be published, for the use of the inhabitants, a par- ^^aif^^*^ ^"^ ticular account of the receipts and expenditures, and a schedule of city property. Skct. 9. In all cases in which apj)ointments are directed Mayor nomi- to be made by the mayor and aldermen, the mayor shall men^confirm'. have the exclusive power of nomination, such nomination being subject to be confirmed or rejected by the board of aldermen. No person shall be eligible to any office of Aldermen and emolument, the salary of which is payable out of the city eZ^n"nd"gT- treasury, who, at the time of his election or appointment, bie. shall be a member of the board of aldermen, or of the com- mon council ; and no member of either board shall hold any other office under the city government. seers of the poor 66 1852. Chap. 94. Vacancy of Sect. 10. Should there fail to be a choice of city clerk, treasured how ^^ °^ *^^*y treasurer, as herein provided ; or should a vacancy- filled, occur in either of said offices during the year, such vacancy City clerk to be shall be filled by the city council in convention. The city ^^f^'^id*'^ ^°"*^ clerk shall be clerk of the board of aldermen, and shall be ' sworn to the faithful performance of his duties. He shall His duties, &c. perform such duties as shall be prescribed by the board of aldermen ; and he shall perform all the duties, and exercise all the powers, by law incumbent upon, or vested in, the Shall be cho- town clerk of the town of Springfield. He shall be chosen vea/^and^un- ^^^ *^^^^ year and until another shall be chosen and qualified til, &c. in his place, and he shall deliver to his successor in office, as soon as he is qualified, all records, books, papers, docu- ments, or property held by him as city clerk. Board of over- Sect. ll. The persons chosen by the city council to be overseers of the poor shall, with the mayor, constitute the board of overseers of the poor, of which the mayor shall be Powers, da- chairman ; and they shall have all the powers, and be sub- ties, &c. jgQ^ iq ^i\ ^]^g duties, now by law appertaining to the over- seers of the poor for the town of Springfield. Powers and The persons chosen by the city council as assessors shall duties of as- constitute the board of assessors, and shall exercise the s6ssors * powers and be subject to the duties and fiabilities of as- Taxes.howas- sessors in towns. All taxes shall be assessed, apportioned, sessed, &c. g^j^^j collected in the manner prescribed by law relative to Proviso. town taxes : provided^ that the city council may establish further and additional provisions for the collection thereof. Vacancies in Should there fail to be a choice of members of the school tee°how fiUed' committee, as herein provided, or should a vacancy occur during the year, the vacancy or vacancies shall be filled by Duties of the city council in convention. The persons chosen as school com- school committee shall have the care and superintendence of the public schools, and shall have all the powers, and perform all the duties, of town school committees. School dis- The limits of the several school districts in the said town trkts abolish- ^^ Springfield shall be abolished, and the several disti'icts shall be united under one organization ; and the school Further duties committee, which shall be chosen according to the provi- mitT^°°^ '^°'^" ^^ons of the fifth section of this act, shall have the same rights and powers, and perform the same duties, which the several district prudential committees now have and exercise Proviso. in the said town of Springfield ; provided, that the inhabi- tants of the several school districts in said town, at any legal meeting of the qualified voters thereof, called for the purpose, shall, within ninety days from the acceptance of this act by the inhabitants of Springfield, as hereinafter provided, vote to dissolve their several district organizations and dispose of their school district property. 1852. Chap. 94. 57 If the said several school districts shall vote as hereinbe- in case school fore provided, to dissolve their several organizations and dlssoked^theix dispose of their district property, said districts shall there- duties, &c., after be dissolved, and their powers and privileges, and '^^^^^^ their duties and liabilities shall cease : provided, that the Proviso. said districts shall continue liable to pay all their existing debts and to perform all legal contracts. If the said districts shall by vote so elect, the city shall City to take take the property of said districts. '^ ^^ZT' If the said districts shall vote, as aforesaid, to dissolve Mayor to certi- their several organizations and dispose of their district pro- ^y^^ court of perty, the mayor of said city shall return to the court of com- the dissolution mon pleas, then next to be holden at said Springfield, after °^. school dis- the said votes have been passed, his certificate of the fact that the several school districts have so voted ; and the said court of common pleas, upon the filing of said certificate, shall Three commis- . ..it', ,1 • ■ J • J • f sioners to be appoint three disinterested commissioners, not citizens ot appointed on said city, who, after due notice to the said several districts *'^^ P,'^°P^'^*y and said city, shall proceed to award and determine upon the districts, what terms the property of said districts shall be surren- dered to said city, and in what manner the debts of the several districts shall be paid ; and said commissioners shall Commission- crs to ixiiikc rG~ return their said award to the court of common pleas next turns, &c. to be holden at Springfield after their appointment, and said award, after being accepted by the said court, shall be bind- ing on the said city and said several districts, and said ^o^ paid, commissioners shall be paid for their services by said city. If the several school districts shall not, within ninety days If districts are from the acceptance of this act by the said town of Spring- ^o^remafn^Is*^' field, vote, as above provided, to dissolve their several organi- they are till zations and dispose of their property, then the limits of the f^^^i ^c?^*^ several school districts in the said town of Springfield shall remain as they now are, until altered by the city council ; and the said school districts shall retain their present organi- Duties of pru- zation and all their district property ; and the said districts, ^^^^^^ *^°"^' and their several prudential committees, shall have the same rights and powers, and perform the same duties, which they now have and perform in the said town of Springfield. Sect. 12. The list of jurors shall be prepared by the List of jurors mayor and aldermen in the same manner as is required in ^^d 'aWennen'^ the ninety-fifth chapter of the Revised Statutes to be done and submitted by the selectmen within and for their respective towns ; and coundr*^^ tiie lists, when made out by the mayor and aldermen, shall be submitted to the common council for concurrent revision or amendment. The mayor and aldermen, and the city clerk, shall sever- Duties of may- ally have and exercise all the powers and duties, with regard °n/c*ity"derk to the drawing of jurors in the city and all other matters in regard to 8 58 1852. Chap. 94. drawing ju- relating to jurors therein, which are in the ninety-fifth chap- '""• ter of the Revised Statutes required to be performed by tiie selectmen and town clerks in their respective towns ; and all venires for jurors to be returned from Springfield, shall be served on the said mayor and aldermen. City council Sect. 13. All power, now by law invested in the board ^^health!^^ of health in the town of Springfield, shall be transferred to and vested in the city council, to be carried into execution by the appointment of health commissioners, or in such manner as the city council may judge expedient. City council to Sect. 14. The city council shall have exclusive authority ^^L^'^^if*^^!*^ and power to lay out, alter, or discontinue any street or Within the city ^ j ' * j and have con- Way, the termini of which are entirely within the city, and current power concun'cnt power with the county commissioners, to lay out with county ii-i -i • i • 11 commission- any other highway in the city, and to estimate the damages ^"' any person may sustain thereby ; but all questions relating to the laying out, accepting, altering, or discontinuing any street or way, shall first be acted upon by the mayor and Persons dissat- aldermen. Any person dissatisfied with the decision of the isfied may ap- ^jty council, ill the estimate of damages, may make com- plaint to the county commissioners of the county of Hamp- den, at any meeting holden within one year after such decision, whereupon the same proceedings shall be had as are now provided by law, in cases where persons are ag- grieved by the assessment of damages by selectmen, in the twenty-fourth chapter of the Revised Statutes. City council Sect. 15. The city council may cause suitable sidewalks sidewaikrtobe ^® ^^ made and repaired in such places as they may judge made and re- best ; and they shall assess the expenses thereof upon the paired. persons owning the lands or estates against which such sidewalks are so made or repaired, apportioning the same equitably, where there are two or more such adjacent own- May make crs. They may cause drains and common sewers to be laid dr^" *°*^ down through any streets or private lands, paying the owners of such lands such damages as they may sustain thereby, and may require all persons to pay a reasonable sum for the privilege of opening any drain into a public drain or common sewer ; and they may also require private drains to be conducted into a public drain or common sewer when they shall judge the same necessary for the health or Unpaid assess- cleanliness of the city. In default of payment of any as- taxes^*^*^**^*" sessment made in pursuance of the provisions of this sec- tion, in a reasonable time after notice thereof, the amount so unpaid may be added to the taxes of the party so defi- cient, and collected by the collector with other city taxes. Survey and in- The city council may make by-laws, with suitable penal- lumber'^ wood *^^^' ^*^^ ^^^ survey, inspection, admeasurement, and sale, of coal, &c. ' lumber, wood, coal, and bark, brought into the city for sale ; 1852. Chap. 94. 69 and all such other salutary and needful by-laws as towns may make and establish, and may annex penalties thereto, not exceeding twenty dollars for the breach thereof; which by-laws shall be in force from and after the time therein respectively limited, without the sanction of any court or other authority. All such by-laws, and all city ordinances, g-.j^^g ^^ ^^ shall be published in such newspaper as the city council published, shall direct ; and all by-laws now in force, in the town of Town by-laws Springfield, shall remain in force until they expire by their force^untill^ own limitation, or are revised or repealed by the city council. &c- Sect. 16. All fines, forfeitures, and penalties accruing Fines and pen- for the breach of any by-law of the city, or of any ordi- ^Jg^^J^Jf b_ nance of the city council, or of any of the orders of the laws, how pro - mayor and aldermen, shall be prosecuted for and recovered secutedandre- before the police court of the said city of Springfield, by complaint or information, in the name of the Common- wealth, in the same manner in which other criminal offences are now prosecuted before the justices of the peace within this Commonwealth, reserving, in all cases, to the party complained of and prosecuted, the right of appeal to the Right of ap- court of common pleas for the trial of criminal causes, then ^ommon°pieas! next to be holden in the county of Hampden, from such judgment and sentence of the police court. Such appeal shall be allowed on the same terms, and the proceedings be conducted therein in the same manner, as is provided in the one hundred and thirty-eighth chapter of the Revised Stat- utes. In all such prosecutions it shall be sufficient to set Complaint, forth in the complaint, the offence, fully, plainly, substan- ^°" ^^' ^*''^^- tially, and formally, and it shall not be necessary to set forth such by-law, ordinance, or order, or any part thereof. When such complaint is made by any person not an officer of the Recognizances city, no warrant shall issue thereon until the complainant ^""^ ^°'*®* **^* shall recognize, with sufficient surety, to the satisfaction of the justice of said police court, conditioned to pay all the costs of such prosecution in case the person complained of shall not be convicted thereon. And in case of default of such Defaults of re- recognizance, the same may be enforced, and the same pro- how^rose-^* ceedings had thereon, as in case of a recognizance to prose- cuted. cute an appeal from the judgment of such justice. All fines, forfeitures, and penalties, and all costs, so recovered Fines paid to and paid, shall be paid to the treastirer of said city, and " ^ reasurer. shall eimre to such uses as the city council shall direct. When any person, upon conviction before the police Persons ne- /',,.'', r • 1 -J. r electing to pay court for a breach of any by-law of said city, or any orai- fines, how pun- nance of the city council, or any order of the mayor and ished. aldermen, shall be sentenced to pay a fine, penalty, or for- feiture, and shall refuse or neglect to pay the same, or, upon claiming an appeal shall fail to recognize according to law, 60 1852. Chap. 94. he shall be committed to prison, there to remain until he shall pay such fine, penalty, and forfeitm*c and costs, or be This section otherwise discharged according to law. And the provi- townljY-laws!*' ^io^s of this scction shall also apply to all prosecutions, founded upon the by-laws or ordinances of the town of Springfield, which may continue in force after this act shall go into operation. City council Sect. 17. The city council shall, annually, in the month number o^ rep- ^^ October, meet in convention and determine the number resentatives, of representatives to be elected by the city to the General *^" Court, in such year, which shall be conclusive. And the number thus determined shall be specified in the warrants calling meetings for the election of representatives. Election of Sect. 18. All elections for county. State, and United county, state, gtates officers who are voted for by the people, shall be officers provid- held at meetings of the citizens qualified to vote in such ed for. elections, in their respective wards, at the times fixed by law for these elections respectively : and at such meetings all the votes given for said several oiticers, respectively, shall be assorted, counted, declared, and registered in open ward meeting, by causing the names of all persons voted for, and the number of votes given for each, to be written in the ward record, in words, at length. The ward clerk Duty of ward shall forthwith deliver to the city clerk a certified copy of clerks, of city |}-^g record of such elections : the city clerk shall forthwith clerk, of mayor ' i i i and aldermen, record such returns ; and the mayor and aldermen shall, within two days after every such election, examine and Returns, how Compare all such returns, and make out a certificate of the made. result of such elections, to be signed by the mayor and a majority of the aldermen, and by the city clerk, which shall be transmitted or delivered in the same manner as similar returns are by law directed to be made by selectmen of New elections towns. And in all elections for representatives to the cies. ^^'^^^' General Court, in case the whole number proposed to be elected shall not be chosen by a majority of the votes legally returned, the mayor and aldermen shall forthwith issue their warrants for a new election, conformably to the provisions of the constitution and the laws of the Common- wealth. Lists of voters. Sect. 19. Prior to every election, the mayor and alder- men shall make out lists of all the citizens of each ward, qualified to vote in such elections, in the manner in which selectmen of towns are required to make out lists of voters; and, for that purpose, they shall have full access to the as- sessors' books and lists, and be entitled to the assistance of Uvefred^to^war^d ^^^ asscssors and other city olficers. They shall deliver the clerks. lists, SO prepared and corrected, to the clerks of the several Proviso, in re- wards, to be used at such elections : provided, that any 1852. Chap. 94. 61 person whose name shall not. be borne on the list of the gard to names ward in which he is entitled to vote, when it shall be placed °™i"ed. in the hands of the cleric of said ward, shall have the riwht to have his name entered thereon, at any time thereafter before the closing of the polls, upon presenting to the ward officers a certificate signed by the mayor or city clerk, by order of the board of aldermen, setting forth his right to have his name thus entered. Sect. 20. General meetings of the citizens qualified to General meet- vote may, from time to time, be held, to consult upon the 'J^^ p^" miuest })ublic good, to instruct their representatives, and to take of thirty vo- all lawful means to obtain redress for any grievances, ac- *"'^* cording to the right secured to the people by the constitu- tion of this Commonwealth. And such meetings shall be duly warned by the mayor and aldermen, upon the request, in writing, setting forth the purposes thereof, of thirty quali- fied voters. Sect. 21. A fire department is hereby established in Fire depart- said citv, with all the powers and privileges, and subject to vg^e^^*^*''' all the duties and liabilities, set forth and contained in an act entitled " An Act to regulate Fire Departments," passed on the ninth day of April, in the year one thousand eight hundred and thirty-nine, and the city council shall possess all the powers, and perform all the duties imposed and conferred by said act upon the selectmen of towns. The inhabitants of anv fire district, organized according to law Present fire in the town of Springfield, at any legal meeting of the Jl^'o^^^e' ^nd ([ualified voters thereof, called for the purpose, may vote to dispose 'of ap- dissolve their said fire district, and to annul the organization P'^'^^'^"^- thereof, and may dispose of the fire apparatus and other property of the district, and appropriate the proceeds thereof in such manner as they judge best, and thereafter such fire district shall be dissolved, and their powers and privileges, and their duties and liabilities, shall cease : provided, that Proviso. the said districts shall continue liable to pay all their exist- ing debts and to perform all legal contracts. If the said If districts districts shall by vote so elect, the city shall purchase the gjf^'^^pu^ci^"^ fire apparatus and other property of such district, at a fair their fire appa- valuation, not exceeding the amount paid by the district ^l^^^x^ and de- therefor, exclusive of anything paid by the town of Spring- duct excess tield towards the same, and shall pay the debts and liabili- /g"™ " ^ ties of the district, so far as the amount of such valuation may ])e sufficient therefor. And if the amount of the valua- tion exceeds the amount of the debts and liabilities of the district, such excess shall be aUowed upon and deducted from the city taxes, then next assessed upon the inhabitants of such fire district, in the proportions severally assessed upon them in the tax lists by the assessors. 62 1852. Chap. 94. A police court Sect. 22. A police court is hereby established in said established, city, to consist of oiie learned, able, and discreet person, to be appointed and commissioned by the governor, pursu- ant to the constitution, to take cognizance of all crimes, offences, and misdemeanors committed within said city, whereof justices of the peace now have, or may hereafter Its powers, du- have jurisdiction. And the court hereby established shall ties, &c. jj(.ar and determine all suits, complaints, and prosecutions, in like manner as is by law^ provided for the exercise of the powers and authority which are, or may be, vested in jus- tices of the peace, and shall do all acts necessary to and consistent with such powers and authority. And the said Itsjurisdic- police court shall also have original jurisdiction and cogni- tion, &c. zance of all suits and actions which may now, or at any time hereafter, be heard, tried, and determined before any justice of the peace in the county of Hampden, and exclu- sive jurisdiction whenever all the parties reside in Springfield, and service of the writ is had on the defendant in said county ; and no writ, in any such action or suit, shall be made re- turnable before any justice within said city of Springfield, Appeals, &c. but to said police court only; and an appeal shall be allowed from all judgments of said police court, in like manner and to the same extent that appeals are now allowed by law from judgments of justices of the peace ; Justices not to and the justices of said police court shall not be of counsel be counsel, &c. or attorney to any party in any matter or thing whatever which may be pending in said court, or w^hich shall have been previously determined before himself. Warrants, how Sect. 23. All Warrants issued by said court shall be returnable, &c. made returnable and shall be returned before said court ; and no warrant shall be issued by any justice of the peace within the county of Hampden, except by the standing justice or one of the special justices of said court, for any crime or offence committed within said city of Springfield. Fines, &c., Sect. 24. All fines and forfeitures, and all fees in crimi- ^''d "^^T^^"^ nal cases, now allowed by law to justices of the peace, which shall be received by, or paid into the hands of, the justice of said court, shall be by him accounted for and Other costs, paid over to the treasurer of said city ; and all other costs how accounted jj^ criminal prosecutions, which shall be paid to the justice over, &c. of said court, shall be by him accounted for and paid over to the same persons, in the same manner, and under the same penalties for neglect, as are by law prescribed in the case of justices of the peace; and all costs in such prosecu- tions, not thus received, shall be made up, taxed, certified, and allowed, and shall be paid and satisfied, in like manner as is provided by law in cases of justices of the peace ; and in all cases where fines, forfeitures, and costs are not paid 1852. Chap. 94. 63 to the justice of said court, but are by him taxed and certi- fied, and are allowed, in the manner now prescribed by law, and such fines and costs are subsequently paid to the trea- surer of the county of Hampden, the justices fees so taxed and paid shall accrue to the county aforesaid ; and in aU cases, where said justice's fees are so taxed and certified by the justice of said court, and are allowed, but are not sub- sequently paid to the treasurer of said county, the said county of Hampden shall be discharged from all obligation to pay said magistrate's fees to any persons whatsoever. Sect. 25. A court shall be held by said justice, at some Time and place suitable and convenient place to be provided at the expense °o,^t^^*^*°^ *^® of said city, on t^vo several days of each week, at nine of the clock in the forenoon, and as much oftener as may be necessary, to take cognizance of crimes, offences, and mis- Purpose, demeanors, and on one day in each fortnight, at ten of the clock in the forenoon, and may be adjourned from day to day, by the justice thereof, and at such other times as may be necessary, for the trial of civil suits and actions ; and the justice of said court shall, from time to time, establish Justice may all necessary rules for the orderly and uniform conducting |«^ablishru es, of the business thereof. Complaints may be received and warrants issued by him at all reasonable times when said court is not in session. Sect. 26. The justice of said court shall receive from Salary g700, the treasury of said city, an annual salary of seven hundred ^"^3 ^"^^^'^ dollars, in quarterly payments ; and shall be allowed, as a compensation for his services in the trial and determination of civil suits, cognizable by said court under this act, to tax, receive, and retain the same fees now allowed by law to justices of the peace in civil cases. Sect. 27. The justice of said court shall keep a fair Records, re- record of all proceedings in said court, and shall make re- coun^ts prov!d- turn to .the several courts of all legal processes, and of his ed for. doings therein, in the same manner as justices of the peace are now by law required to do ; and he shall also, annually, in tiie month of January, exhibit to the mayor and alder- men of said city, a true and faithful account of aU moneys received by him. Sect. 28. All suits, actions, and prosecutions which Pending ac- shall be instituted and pending before any justice of the *'°'^*' peace within the town of Springfield, when this act shall take effectj^shall be heard and determined as though this act had not been passed. Sect. 29. There shall be appointed by the governor, by Special jus- and with the advice and consent of the council, two special "'^''' justices of said court; and whenever it shall happen that the standing justice of said court shall be interested in any 64 1852. Chap. 94. suit or prosecution cognizable in said court, or shall, from any cause, be unable to hold said court, or discharge any Their duties, of the duties required of him by this act, the said special powers, &c. justices shall have power to issue the processes of said court, and to hear and determine any matter or cause pend- ing therein, the said cause being- assigned on the record by the standing or special justice ; and such special justice How paid. shall be paid, for services so rendered, by the standing jus- tice, out of his salary, such sums as justices of the peace are paid for like services. Governor may Sect. 30. The governor shall have power, by and with appoint said ^^le advice and consent of the council, to appoint said jus- time, &c. tice and special justices, at any time after the passing of this act. Duties of the Sect. 31. For the purpose of organizing the system of selectmen in government hereby established, and putting the same into city govern- operation in the first instance, the selectmen of the town ment. ^f Springfield, during the months of April or May of the present year, shall, seven days before the day of meeting, Shall issue issue their warrants for calling meetings of the citizens in warrants, &c. their Several wards, at such place and hour as they may deem expedient, for the purpose of choosing a warden, clerk, and inspectors of each ward, and all other officers whose election is provided for in the preceding sections of Appoint ward this act : and they shall appoint a clerk pro tempore of each clerks i^ro tern. ^^^.^^ -^}^q ghall call the meeting to order and preside until a warden is chosen. The transcripts of the records of each Returns, how Ward, specifying the votes given for the several officers, made, &c. certified by the warden and clerk, and by a majority of the inspectors of such ward, at such first meeting, shall be re- turned to the selectmen, who shall examine and compare the same ; and in case such elections should not be completed at the first meeting, they shall issue warrants for a new meeting until said elections shall be completed. They Shall notify shall give noticc of such elections, in the manner hereinbe- persons elect- fore directed, to the several persons elected. At said first meeting, a list of voters in each ward, prepared and cor- rected by the selectmen for the time being, shall be de- livered to the clerk pro tempore of each ward, to be used as before directed. The selectmen shall appoint such time for First meeting ^^c ^r^^' meeting of the city council, as they judge proper, of city council, after the choice of said city officers, or of a majority of the members of both branches of the city council, not later than the first Monday in June next, and shall appoint the place and hour of said first meeting. A ^^Titten notice thereof shall be sent, by the selectmen, to the place of abode How notified, of each of the city olRcers so chosen; and notice of the day, hour, and place of said meeting shall be pubUshed in one or more newspapers printed in said town. 1852. Chap. 94. 65 After the first organization of the city council, the meet- Annual eiec- ings for the annual elections and for the organization of j^'°]^®' ^^^^ the city council, t^hall be as provided in the sLxth section of this act. The city council, immediately after the first organiza- City council tion, shall elect all necessary city officers, who shall hold necessary* q^. their offices respectively until others are chosen and qualified, cers, &c. At the meetings to be called, as prescribed in this section, County offi- for the choice of ward and city officers, the qualified voters ch(«en°&c. shall also give in their votes for county officers, which votes shall be recorded, certified, and returned in the manner pro- vided in the seventeenth section of this act. Sect. 82. The annual town meeting for the town of Annual town Springfield, which, by law, is to be holden in March or J^^^if ''''" April, is hereby suspended, and all town officers now in office shall hold their places until this act shall take effect Present offi- and their successors are chosen and qualified. And in case *^^^® ° °''^^' this charter shall not be accepted as hereinafter provided. Provision in the selectmen shall issue their warrant, according to law, ^*^® *^^. ^^^^' ' ~. . ' ter IS not ac- for holding the annual town meeting of the inhabitants, in cepted. which all the proceedings shall be the same as if this act had not been passed. Sect. 33. All officers of the town of Springfield having Town papers the care and custody of any of the records, papers, or pro- deUvwedTv^r, perty belonging to the town, shall deliver the same to the &c. city clerk within one week after his entering upon the duties of his office. Sect. 34. All acts, and parts of acts, inconsistent with Acts repealed, the provisions of this act, are hereby repealed. Sect. 35. Nothing in this act contained shall be so con- Legislature strued as to prevent the Legislature from altering or "^^^ *°^®^'^' amending the same when they shall deem it expedient. Sect. 36. This act shall be void, unless the inhabitants Act void un- of the town of Springfield, at a legal town meeting called wfthfn "twenty for the purpose, shall, by a vote of a majority of the voters days, &c. present, and voting thereon by a written ballot, determine to adopt the same within twenty days from and after its passage ; at which meeting the polls shall be kept open not less than six hours ; and the presiding officer, in receiving said ballots, shall use the check-lists in the same manner as they are used in elections of state officers. Sect. 37^fcThis act shall go into operation from and after Takes effect, its p'dssag^M [Approved by the Governor, April 12, 1852.] 66 1852.- -Chap. 95—96. Chap. 95 -^^ ^^^ *° authorize Warren Dockham and others to build a Wharf. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Warren Dockham and others, proprietors of land and flats in Newbmyport, bounded southerly by Merrimack street, westerly by land of E. M. Reed and Benjamin Choate, and easterly by land and flats of Michael Pearson, are hereby authorized to build and maintain a wharf from their said premises into Merrimack River, and to extend the same one thousand and seventy feet from the line of said Merrimack street, and to lay vessels at the end and sides of said wharf and to receive wharfage and dockage therefor : provided, so much of said wharf as shall be constructed below a line seven hundred and twenty feet from the line of said Merrimack street, shall be built on piles, which piles shall not be nearer to each other than sLx feet in the direction of the stream and eight feet in a transverse direction ; and provided, alsoj that this act shall not impair the legal rights of any person. [Approved by the Governor, April 12, 1852.] In Newbury- port. Location of •wharf. Hight of ■wharfage, &c. Proviso. Proviso. Chap. 96 -^^ ^^^ ^0 amend the charter of the Howard Benevolent Society, in the City of Boston. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Trustees in- Tested with certain powers and privileges. May hold ^12,000. Previous pro- visions re- pealed. Takes effect when accept- ed. Sect. 1. The act passed on the sixteenth day of Feb- ruary, in the year one thousand eight hundred and eighteen, entitled An Act to incorporate the Howard Benevolent Society, is hereby so far amended as to invest the said corporation with all the powers and privileges, and subject them to all the duties, liabilities, and resti-ictions, set forth in the forty -fourth chapter of the Revised Statutes ; with power for the purposes of said corporation, to take and hold real and personal property, the entire annual income of which shall not exceed twelve thousand dollars. Sect. 2. All the provisions of the act to which this is an amendment, inconsistent with this act, are hereby re- pealed, and all the doings under the former act are hereby confirmed. ^^ Sect. 3. This act shall take effect from ^Q after the same shall have been accepted by said corporation at a meeting to be called for that purpose. \Approvcd by the Governor, April 12, 1852.] 1852. Chap. 97—99. 67 An Act to authorize Josiah Hardy, Jr., to build a Wharf. Chap. 97 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as folloios : Josiah Hardy, Jr., is hereby authorized to build and main- in the town of tain a wharf, from land owned by him, in the town of * ^^' Chatham, in the county of Barnstable, extending from the shore into Chatham harbor, to a distance at which there shall be sLx feet of water at low tide ; and he shall have the Right of right to lay vessels at the end and sides of the said wharf, wharfage, &c. and to receive wharfage and dockage therefor; provided, Proviso. that the same shall not obstruct the safe anchorage of ves- sels in the harbor; and shall not interfere with the legal rights of any person. [Ajfproved by the Governor, April 13, 1852.] An Act to incorporate the Hampden Savings Bank. Chcip. 98 Be it enacted by the Seriate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Albert Morgan, Chester W. Chapin, Samuel S. Day, Corporators, their associates and successors, are hereby made a corpora- tion by the name of the Hampden Savings Bank, to be established in the town of Springfield, and located within In the town of tw'enty-five rods of the present passenger depot of the ^"^^ Western railroad in that town, with all the powers and privileges, and subject to all the duties, liabilities, and re- Duties, liabili- strictions, set forth in the thirty-sixth chapter of the Revised *^^^' °' Statutes, and in all other laws of this Commonwealth rela- ting to institutions for savings. [Approved by the Governor, April 13, 1852.] An Act to authorize John P. Ober to extend his Wharf. Chap. 99 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : John P. Ober, of Boston, is hereby authorized to extend In the town of his wharf in the town of Chelsea, to the line established by ^^^1^^^- " An Act J^ preserve that part of the harbor of Boston, called ChJ^a Creek, and to prevent encroachments therein," passed in the year one thousand eight hundred and forty- nine, and he shall have the right to lay vessels at the end and sides of said wharf, and receive wharfage and dockage Y^^^^^^% therefor : provided, however, that this grant shall not be p^^^^' construed to extend to any flats or land of this Common- 68 1852. Chap. 99—101. wealth, lying in front of the flats of any other person, or which would be comprehended by the true lines of such Proviso. flats continued to the said commissioners' hne : and provided, also, that so much of said wharf as may be constructed below low -water-mark, shall be built on piles, which piles shall not be nearer to each other than six feet in the direc- tion of the stream, and eight feet in a transverse direction, and that this act shall in nowdse impair the legal rights of any person. [Approved by the Governor, April 13, 1852.] Chat). 100 -^^ ^^^ ^^ incorporate the Globe Mutual Marine Insurance Company. Be it e72acted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Corporators. Dennis Condry, Benjamin Seaver, I. W. Pierce, their associates and successors, are hereby made a corporation, by the name of the Globe Mutual Alarine Instu^nce Com- pany, in the city of Boston, for the term of t^'^enty years, for Purpose. the purpose of making maritime loans and insurance against maritime losses, on the principles of mutual insurance, and for this ptupose they shall have all the powers and privi- Duties, restric- leges, and be subject to all the duties, restrictions, and tions, kc liabilities, set forth in an act concerning insurance companies, passed in the year one thousand eight hundred and forty- two, and in an act concerning mutual marine insurance companies, passed in the year one thousand eight hundred and fifty-one. [Approved by the Governor, April 13, 1852.] Chat). 101 -^ ^^^ ^° authorize Darius Perry to extend his Wharf. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Ib Dighton. Darius Perry is hereby authorized to extend his wharf in Dighton, tv\'ent)--two feet into Taunton Great River ; jno- Prociso. vided, that the said wharf shall not extend into the harbor or channel, so as to impede the navigation of said river, and Rights of he shall have the right to lay vessels at the said wharf, and wharfage, &c. to receive dockage and wharfage therefor ; provided, that ProtUo. this act shall in nowise aflect the legal righ\|^of any per- son. [Approved by the Governor, April 13, l^B] iti^oJ #1 1852. Chap. 102—103. 69 An Act to incorporate the Winchester Gas-Light Company. Chap. 102 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Charles INIcIntire, Benjamin Abrahams, Aaron Corporators. D. Weld, their associates and successors, are hereby made a corporation by the name of the Winchester Gas-Light Company, for the pm-pose of making and selling gas, in the town of Winchester, with all the powers and privileges, and Powers and subject to all the duties, restrictions, and liabilities, set forth ^"" ^^^^' in the thirty-eighth and forty-fourth chapters of the Revised ^th and 44th Statutes. Sect. 2. Said corporation may hold such real and per- May hold real sonal estate as may be necessary and convenient for the ^^^F^^r^S^^ r ■ T - , 1 • *• 1 , ere esute Sc>0,000. purpose aforesaid, not exceeding in value the sum oi mty thousand dollars. Sect. 3. No shares in the capital stock of said company No shares is- shall be issued for a less sum or amount, to be actually paid V^^^ ^°^ ^^^ ^ in on each, than the par value of the shares which shall be first issued. Sect. 4. Said corporation, wdth the consent of the se- Power granted lectmen of the town of Winchester, shall have power and pa^^^ipes Jid authority to open the ground in any part of the streets, conductors, lanes, and highways in said town for the purpose of sink- ^^' ing and repairing such pipes and conductors as it may be necessary to sink for the purpose aforesaid ; and the said company, after opening the ground in said streets, lanes, and highways, shall be held to put the same again in repair, under the penalty of being prosecuted for a nuisance : pro- Selectmen vided, that said selectmen, for the time beins:, shall at all "^^^ ^^^^**' ' ' , . ^'. , , control, (SO. times have the power to regulate, restrict, and control the acts and doings of said company, which may in any man- ner affect the health, safety, and convenience of the inhabi- tants of said town. Sect. 5. This act shall take effect from and after its passage. [Apjprovcd by the Governor, April 13, 1S52.] An Act to incorporate the South Boston Gas-Light Company. Chap. 103 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, ^follows : Sect. 1. William T. Andrews, T. B. Wales, Jr., Francis Names. Alger, J. N. Moore, and John H. Blake, their associates and successors, are hereby made a corporation by the name of the South Boston Gas-Light Company, for the purpose of manufacturing and selling gas in the city of Boston ; with 70 1852. Chap. 103—104. Powers and all the powers and privileges, and subject to all the duties, privUeges. restrictions, and liabilities, set forth in the thirty-eighth and forty-fourth chapters of the Revised Statutes. May hold real Sect. 2. Said corporation may, for the purpose afore- nnff*\'^?""'" said, hold real estate not exceedino; in value three hundred 000, whole cap- ' i i n i , ^ ^ • i itai, 5500,000. thousand dollars, and the whole capital stock shall not ex- ceed five hundred thousand dollars. May, by con- Sect. 3. Said corporation, with the consent of the and* aldermen '^^yo^" ^^^'^ aldermen of the city of Boston, shall have power sink and repair and authority to Open the ground in any part of the streets, ducTors'^ nut'^ lanes, and highways in the said city, for the purpose of again in'repair, sinking and repairing such pipes and conductors as it may *"• be necessary to sink for the purpose aforesaid; and the said corporation, after opening the ground in such streets, lanes, or highways, shall be held to put the same again into repair, under the penalty of being prosecuted for a nuisance : provided, that the said mayor and aldermen, for the time being, shall at all times have the power to regulate, restrict, and control the acts and doings of the said corporation which may in any manner affect the health, safety, or con- venience of the inhabitants of said city. No shares to Sect. 4. No shares in the capital stock of the said corpo- be issued for ration shall be issued for a less sum or amount, to be actu- par value. ally paid in on each, than the par value of the shares which shall be first issued. Takes effect. Sect. 5. This act shall take effect from and after its passage. [App?-oved by the Governor, April 13, 1852.] Chan 104 ^^ ^^^ concerning the Militia. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Pay of certain Sect. 1. Every general, field and commissioned staff" officers $5 per officer, shall receive for each day's duty in camp, the sum duty.""^ '^ of five dollars in the manner prescribed by law. Majority pres- Sect. 2. Ill all meetings of electors for the purpose of ent may dect choosiuff a brisfadicr- general, or a field officer of a resriment certain otii- o_ o o J o cers. or battalion, a majority of the electors present at a meeting duly notified and held for such purpose, may elect those officers. ;^2perday, Sect. 3. Whenever an officer is ordered^o attend a and four cents meeting, for the election of an officer or officers, either as per mile tor • , ^ , certain officers presiding or recording officer, to be held without the limits ^^ t ^7 1°"^^ °^ ^^^ town or city in which he resides, he shall receive two dollars per day for the performance of such duty, and ten cents per mile for travel. 1852. Chap. 104. 71 Srct. 4. Whenever a detachment is ordered on special 52 per day, duty by the commander-in-chief, each member thereof shall pe^jn^^Jfor'^*^ receive two dollars per day while in the performance of such members on duty, and four cents per mile for travel. ^p^"^^ ^^^J'- Skct. 5. Each company of the volunteer militia may 64 privates to • , r ' , r !• j^ £c • each volunteer consist 01 sixty-tour men, exclusive 01 orncers, non-commis- miutia compa- sioned officers, and four musicians. ny. Sect. 6. The fines and penalties prescribed in the ninety- Fines and pen- eighth and ninety-ninth sections of the twelfth chapter of fn'^certaL*^^ ^ the Revised Statutes for neglect of military duty and for cases, deficiencies, except the fine for May inspection, which shall be three dollars instead of four, and for the deficiency of two spare flints, a priming-wire, and brush, shall be deemed to apply to the duties prescribed in the act entitled " An Act concerning the Militia," passed in the year one thou- sand eight hundred and forty-nine. Sect. 7. The proviso in the fourth section of the act Proviso in the entitled " An Act concerning the Militia," passed in the year a*former actf one thousand eight hundred and forty-nine, is hereby re- repealed, pealed. Sect. 8. The fifth section of the act cited in the pre- f J^/^^J^°J^ "^ ceding section of this act is hereby repealed. pealed. Sect. 9. At all encampments provided for by the act At all encamp- last cited, the troops so encamped shall be thoroughly exer- ^^JJdsSac- cised, partly under the command of the company officers, cording to u. and partly in battalions or brigades, in the whole routine of ^" ^^'^^^' camp and field duty, according to the system of tactics which may be prescribed by the laws of the United States. Upon the first day of duty in such encampments the troops dayf reviewed sliall be inspected, and reviewed on the last day. last day. Sect. 10. At all such encampments the battery shall Two guns a consist of not more than two guns. en" mpmeSl Sect. 11. It shall be the duty of the mayors and alder- Armories to be men of cities, and the selectmen of towns, to provide the provided for , .,., ' . • 1 1 • 1 military com- several military companies now organized, or wliicn may panies in cer- be hereafter duly organized in thek respective cities and tain cases. towns, under the laws of this Commonwealth, with suitable armories or places of deposit for the safe keeping of their arms and equipments furnished to such companies by the State : provided, that upon the organization of any new company in a city or town where one or more companies are now, oiu shall be then in existence, the authorities of such city or Town shall not be required to furnish an armory for such new company, unless the same shall have been organized by and with the consent or approval of a majority of the board of mayor and aldermen of such city, or of the selectmen of such town. 72 1852. Chap. 104—105. Inconsistent Sect. 12. All acts or parts of acts inconsistent with the acts repealed. pi-Qvisions of this act, are hereby repealed. Takes effect. Sect. 13. This act shall take effect from and after its passage. [Approved by the Governor, April 15, 1852.] Chan 105 ■^^ ^''^^ ^ authorize the City of Charlestown and others to fill up certain -t ' Flats in Mystic River. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : City of Sect. 1. The city of Charlestown, and such others, pro- Chariestown prietors of land and flats situated in Charlestown, bounding tors may fill up on the southerly side of Mystic River, between Johnson's certain flats, -^vharf and Chelsea bridge, as shall vote to accept this act at on 06rt£iin con." o / x ditions speci- a meeting called for that purpose, are hereby authorized to ^^^- enclose by a good and sufficient sea-waU, and to fill up a portion of the flats lying between the north or main channel and the south channel in said river, and bounded by the following described lines, namely: — beginning at the east- erly angle of Tuft's mill-pond, and running southeasterly in a straight line to a point in the northwesterly side of Chelsea bridge, seven hundred feet northerly from the northerly side of the south draw in said bridge ; thence to the channel in a curve of one thousand feet radius, which, being continued, would pass through a point two hundred feet west of the most easterly angle in the northerly timber dock in the navy yard of the United States ; thence in a straight line to a point on the northerly side of the south channel, in the line of the northwesterly side of Elm street, produced north- easterly, and five hundred feet from the northeasterly side of Medford street : provided, that before any structure hereby authorized shaU be commenced, the regulation and control of all flats, the property of individuals and corporations, lying between said north channel and the first described line, and two hundred feet distant therefrom, shall be sur- rendered to the Commonwealth. South channel Sect. 2. Said proprietors shall be required to keep open as descnbed^'^ ^^ ^^^ present depths the said south channel, from the point of termination at said Elm street, to the main channel, near the easterly angle of the aforesaid timber dock at the east- erly corner of the navy yard. North channel Sect. 3. Said proprietors shall widen the north channel *° ^ k^'f '^"^^' ^y excavating the mud from the southerly side thereof to as described, the depth of the present channel, to a straight line drawn from a point thirteen hundred feet from Medford street, op- posite Webster street, to a point in Chelsea bridge, four hundred feet southerly from the north draw in said bridge, 1852. Chap. 105. 73 and thence in a curve "corresponding to the curve before- Excavations mentioned to the channel below Chelsea bridge, and shall *pg^ ^®p* keep the said excavations at that depth ; and shall remove the whole of the shoal in the middle of said channel, oppo- Whole shoal site Chelsea creek, to the general depth of the channel, and ^^ the d^epthof keep the same clear for the convenience of navigation, and the channel. if in consequence of this widening of the channel there shall be any shoaling of the same on the northerly side of said river in front of the wharves belonging to the United States, said proprietors shall restore the channel in that part to its original depth. Sect. 4. Said proprietors shall excavate to the depth Certain de- of four feet, and keep so excavated, the remaining flats be"ex^civrted '^ between said north channel and a line parallel to the four feet, northeasterly boundary of the enclosure hereby authorized, and tAvo hundred feet distant therefrom, and they shall have the right to extend and maintain pile wharves on the north- May extend erly side of said enclosure, to a distance of two hundred ^qo feeu^^^ feet therefrom : provided, no such wharves shall extend into the channel ; and they may lay vessels at the end of these wharves, and receive wharfage and dockage therefrom. Sect. 5. Said proprietors shall fill the portion of flats Shall fill in- here by authorized to be enclosed, to the depth of eight feet gJX^fee^t** above mean low-water-mark, with said flats to be excavated as aforesaid, and with the material taken from the flats, or marsh, on the margin of said river, above these improve- ments, aU between high and low water-mark, in places to be approved by a commissioner or commissioners, to be appointed by the governor ; and the whole of the work Work to be authorized and required by this act shall be done under the commiSnw supervision and to the satisfaction of said commissioner or appointed by commissioners, who shall be paid for his or their services so^"^*"^- by said proprietors. And the said proprietors shall keep up and maintain the excavations so made above these im- provements. Sect. 6. For the purposes aforesaid, said proprietors are Made a corpo- hcreby made a corporation by the name of the Mystic River of*Mys^[c'K.^- Corporation, and for this purpose shall have all the powers er Corpora- and privileges, and be subject to all the duties, liabilities, *^°"* and restrictions, set forth in the forty-fourth chapter of the Revised Statutes. Sect. 7. Said corporation may hold real and personal Powers and estate for the purpose aforesaid ; and their whole capital ^"^'^^ ®^®^* stock shall not exceed two hundred thousand dollars : pro- vided, that no shares in said capital stock shall be issued for a less sum or amount, to be paid in on each, than the par value of the shares first issued. 10 U 1852. Chap. 105—107. Act void un- Sect. 8. This act shall be void unless the structure and l.t!^rf^L!i^;« excavations above described shall be commenced within commenced in i i • i • • i r j three years, three ycars, and completed within eight years irom and dght^.''''^'"^''' after its passage. Right and title Sect. 9. All right and title to the land to be filled up to cease, &c. by virtue of the provisions of this act shall cease, if the owners of such land shall at any time for the space of sLx months after notice from the attorney-general, fail to main- tain all the excavations hereinbefore required to be main- tained. [Approved by the Governor, April 15, 1852.] Cha/D 106 -^^ ^^^ concerning the Charles River Railroad Company. Be it ejiacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Where to be Sect. 1. The Charles River Railroad Company is here- andTonstmct- ^Y authorized to construct its railroad in sections of not ed. less than tliree miles each, commencing at its junction with the Charles River Branch Railroad, and thence consecu- tively to some point in the town of Bellingham, not within one mile of the Norfolk County Railroad. May commence Sect. 2. Said Chaiics Rivcr Railroad Company may construction of commence the construction of each of the said sections con- when stock secutively as aforesaid, whenever an amount of stock equal ooo^^er°mfiebe ^° ^^^ thousaiid dollars for each and every mile so to be subscribed, commenced shall have been subscribed by responsible par- and 20 per ct. ^jgg ^^j-^^j twenty per cent, on each and every share thereof on each share . ' i "^ p • i i • r i^ c paid, &c. paid into the treasury oi said company, and a certincate oi such subscription and payment shall have been sworn to and filed as set forth in the ninth section of the two hun- dred and ninety-seventh chapter of the acts of the year one thousand eight hundred and fifty-one. Inconsistent Sect. 3. All acts or parts of acts inconsistent herewith acts repealed, are hereby repealed. [Approved by the Governor, April 20, 1852.] Chnn 107 -^^ ^^^ *° authorize the sale of Parsonage Property in the Parish of West J- ' Tisbury. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Authorized to Sect. 1. The Congregational Society of the West treasurer to^"^ Parish of Tisbury is hereby authorized to empower the sell the par- treasurer of said society, for the time being, to sell their sonage, and to parsouagc pro})erty, consisting of a dwelling-house and about forty acres of land, lying within said town, and to 1852. Chap. 107—110. T« mako and execute a deed or deeds to convey the same ; ceeds as socie- aiid to invest the proceeds of the sales of said property in inc™m^ f ^'^'^''* ' sueh manner as the said society by their vote shall direct: port ministers. ])n)i'i(h'd, tiiat only the income thereof shall be applied for the support of the ministry in said society. Sect. 2. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor^ April 20, 1852.] An Act in addition to an act concerning the Mutual Fire Assurance Com- nh^^ 1 QQ pany of Springfield and the vicinity. -t ' Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as folloios : The second section of the act entitled " An Act con- Second section cerningthe Mutual Fire Assurance Company of Springfield "^ ealed^"^ ^^^ and the vicinity," passed in the year one thousand eight hun- dred and forty-seven, is hereby repealed ; and all the trans- actions of the corporation designated in said act since the Acts of corpo- passage thereof, are hereby declared legal and valid, to the ^^f^'^'^''^^^^- same extent and purpose as if said second section had never been enacted. [Approved by the Governor, April 20, 1852.] An Act to increase the capital stock of the Boston Gas-Light Company. Qhci'D 109 Be it enacted by the Seriate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : The Boston Gas-Light Company is hereby authorized to May add increase its capital stock by adding thereto a suin not ex- ^^00,000 to . ceeding five hundred thousand dollars, and to invest the same in such real and personal estate as may be necessary and convenient for the purposes for which they were incor- ]5orated : provided, that no shares in said capital stock shall proviso. be issued for a less sum or amount, to be actually paid in on each, than the par value of the shares first issued. [Ap- proved by the Governor, April 20, 1852.] An Act concerning the Fund of the Third Congregational Society in Chat). 110 Springfield. " Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Shot. 1. " The Trustees of the Fund of the Third Con- Trustees em- gregational Society in Springfield," and theu successors, are {'°|fe"r^ortgage hereby authorized and empowered to take as secm'ity for to secure any any loan or loans made by them from their finid, a mort- ^°'^°' ^'^' 76 1852. Chap. 110—112. gage of such real estate as they shall deem sufficient to secure said loan. Part of act of Sect. 2. So much of section eight of the act entitled 1820 repealed, u ^j^ ^^-j; ^q incorporate the Second Congregational Society, in the first parish in Springfield," passed in the year one thousand eight hundred and twenty, as is inconsistent with this act, is hereby repealed. Takes effect. Sect. 3. This act shall take effect from and after its passage. [Approved by the Governor, April 20, 1852.] Chci'D 111 ^^ ^^^ ^^ authorize the sale of Ministerial Property belonging to the "' Congregational Parish in Freetown. Be it enacted by the Se?iaie and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Thomas G. Nichols, of Freetown, in the county Authorized to Qf Bristol, is hereby authorized and empowered to sell at s6ii minis L6ri3>l ' %/ i- ^ ^ property held public or private sale, the w^hole or any part of the minis- by him in terial property, so called, now situate in the town of Fall River, in said county, and held by him in trust for the con- gregational parish in said Freetown ; and to execute and deliver such deed or deeds, as may be necessary to convey the same. Proceeds may Sect. 2. The proceeds of the sale of said property shall ^^a^'^^h^shaUd^ bc invested in such manner as said parish shall direct, and rect, income the incomc thereof only shall be applied to the support of can go to sup- ^j^g ministry in said parish. Sect. 3. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor, April 20, 1852.] Chnn 119 -^^ -^^^ ^^^ ^® appointment of one additional Commissioner of Insolvency lynajj. xx^ ^^j. ^g County of Worcester. Be it enacted by the Senate and House of Representa- tives, in •General Court assembled, and by the authority of the same, as follows : First section of Sect. 1. The first section of the three hundred twenty- 322dchapj;ero^ gg(>Qj^(j chapter of the general laws of the Commonwealth, I85i', so passed in the year one thousand eight hundred and fifty- amended that Qjjg jg hereby so far amended, that the srovernor, with the governor, with ' J ' -^ -.i advice, &c., advicc and consent oi the council, may appomt and com- ™^^ additional ^^^^^''^°"' ^^ addition to thosc already appointed and com- commissioner missioned, ouc morc suitable person for the county of Wor- of insolvency gggter, to be a commissioner of insolvency in said county, Worcester. who shall hold liis office for the term of seven years, unless sooner removed by the governor and council ; and the com- missioner who may bc so appointed shall have and exercise 1852. Chap. 112—114. 77 tlio same jurisdiction, power, and authority, and be subject to the same duties and requirements, as the commissioners appointed under the three huntked and fourth chapter of the iieshallnotbe general laws of the Commonwealth, passed in the year one ho1^'^®p^(,yj.t thousand eight hundred and forty-eight, except that he shall in shire town not be required to hold a court of insolvency at the shire °^ of^Lch^^ town of said county on the first Tuesday of every month, month. [Approved by the Governor,, April 20, 1852.] An Act in relation to the House of Correction in the County of Suffolk. Chap. 113 Be it enacted by the Senate and House of Representa- tives, in General Cornet assembled, and by the authority of the same, as follows : Sect. 1. The city council of the city of Boston may City council of aimually appoint, by concurrent vote of the two branches annuaU™ap- thereof, a suitable number of persons, not exceeding twelve, point in con- who shall be citizens of Boston, and a majority of whom snUabie^nura- shall constitute a quorum for the transaction of business, ^®''' ?°J ^^" to constitute the board of overseers of the house of correction tweivef to hold for the county of Suffolk, wlTo shall hold their office for one office one year, year, and until at least five persons, members of a new board, ' are appointed in their place ; and said city council may at any time fill any vacancies which may occur in said board. Sect. 2. So much of the eleventh section of the one f °j™"ggj?f^ of lumdred and forty-third chapter of the Revised Statutes as usd chapter of is inconsistent with this act is hereby repealed. R. s., mcon- . 1 11 1 n- -J. ■!_ sistent, &c.. Sect. 3. This act shall take etiect as soon as it may be repealed, accepted by the city counj:;il of said city by concurrent vote Takes effect, of the two branches thereof. [Approved by the Governor, April 20, 1852.] An Act to establish additional terms of the Court of Common Pleas for Chap. 114 the County of Hampshire. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as folloivs : Sect. 1. There shall be holden at Northampton, within Two addition- and for the county of Hampshire, two additional terms for ^ p""haU be the Court of Common Pleas, annually, to wit, on the second holden at Monday of June, and the third Monday of December, for annuaiiy.^^°"' the disposition of the criminal business of said county. Sect. 2. The civil business of said court in said county ciyil matters shall be transacted exclusively at the three terms heretofore ^^^y^^^^'^'''^' established in said county, and the criminal business thereof shall be transacted exclusively at the terms established by 78 1852. Chap. 114—115. this act, and all continuances of civil or criminal cases shall, without any special order therefor, be had to the next term of the said court to be holden for the transaction of busi- ness of the same description. Concerning Sect. 3. All appeals, recognizauccs, continuances, and appeals, re- proccsses, and every other matter and thing of a criminal and'maMers'of uature, which would be returnable to, or have day in, a crioiinai na- the Court of Commou Pleas, to be holden in said county on ^^" the first Monday of June next, if this act had not been passed, shall be returnable to and have day in that court at the term thereof hereby established, on the second Monday The grand of JunC next. i^p^'^ t%t- Sect. 4. The grand jurors, for said county of Hamp- tend only at shire, shall be required to attend only at the said terms the terms for hereby established for the transaction of criminal business, ters. Sect. 5. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor, April 20, 1852.] An Act concerning Auctioneers. Chav. 115 ^^ ^^ enacted hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Owners of Sect. 1. It shall be lawful for any person, or corporation, real or person- having real or personal estate in any city or town in this ^m^Vo^- anauc- Commonwealth, to be sold, by public auction, to employ for tioneer, duly the purpose of making such sale any auctioneer duly licensed licensed to sell ui;j(jgj. ^hc provisions of the twenty-ninth chapter of the same on the T-,.ir-i *i • ii- premises in Revised btatutcs. And any auctioneer so employed, is any county, hereby authorized to sell such real or personal estate upon the premises where the same may be situated, although it may be without the limits of the county in which he resides, or has his license ; anything in said twenty-ninth chapter to the contrary notwithstanding. Hawkers and Sect. 2. Nothing contained in this act or in an act enti- peddiers not fled " An Act concerning Auctioneers," passed in the year sell ourof the onc thousand eight hundred and thirty-seven, shall be con- town or city gfrued as authorizing or in any way empowering ha\vkers wer^e licensed, and peddlers, or other itinerant traders who may now hold, or may hereafter hold an auctioneer's license, to sell, or ex- pose for sale, by public auction, any goods, wares, or mer- chandise whatever, in any other city or town than in the one from whose authorities such license was obtained ; and there only in such place or places, as shall be expressly described or set forth in said license. [Approved by the Governor, April 20, 1852.] 1852. Chap. 116—118. 79 An Act to extend the time for the location and construction of the Fair- Chan. 116 haven Branch Railroad. Be it enacted by the Senate and House of Representa- tives, in Ghieral Court assembled, and by the authority of the same, as follows : The times allowed to the Fairhaven Branch Railroad One year. Company to locate and consti'uct its railroad, are hereby respectively extended one year beyond the periods now fixed by law for the location and construction thereof. [Approved by the Governor^ April 20, 1852.] An Act concerning the Medway Branch Railroad Company. Chcil) 117 Be it enacted by the Senate and House of Representa- tives, iji General Court assembled, and by the authority of the same, as follows : Sect. 1. The stockholders of the Medway Branch Rail- stockholders road Company are authorized to construct their railroad ac- to c^n"truct cording to the provisions of previous acts relating thereto; their road with all the powers and privileges, and subject to all the months^from duties and liabilities, mentioned therein at any time within first of May six months from the first day of May next. ^^^*' Sect. 2. The capital stock of the said Medway Branch SiS'to I50 Railroad Company is reduced to three hundred and fifty shares, of the shares, of the par value of one hundred dollars each. lYoo ealh°^ Sect. 3. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor, April 20, 1852.] An Act in relation to the Boston and Maine Railroad Company, and the Chan 118 Salem and Lowell Railroad Company. -^ ' Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The Boston and Maine Railroad Company B. and M. Rail- may enter upon and use the Salem and Lowell Railroad g°^gj, o°'tii™s^, according to law'. and L. Rail- Sect. 2. The Salem and Lowell Raiboad Company ^^^^^^ ^ j^^ji. may enter upon and use the Boston and Maine Railroad road may enter according to law: provided, that nothing contained in this "I^ ^\^- j"** X I II 1 , 1 . • • ji -I r M. Railroad. act snail be construed to impau* the rights 01 any per- proviso. son or corporation. Sect. 3. All acts and parts of acts inconsistent with Acts repealed, this act are hereby repealed. [Approved by the Governor, April 20, 1852.] 80 1852. Chap. 119—120. Chap. 119 ^^ ^^^ concerning the Powers of School Districts. Be it enacted by the Senate and House of Representa- \ tives, in General Court assembled, and by the authority of the same, as follows : When select- If, at any meeting of the legal voters of any school dis- ™t^™h^^r ^ict, they cannot determine by a vote of two thirds of the houses. voters present, and voting thereon, where to place their school-house, the selectmen of the town to which the said district belongs shall determine where such school-house shall be placed, in the same manner as is provided in the thirtieth section of the twenty-third chapter of the Revised Statutes. [Approved by the Governor, April 20, 1852.] Chat). 120 "^^ ^^^ *° incorporate the Salem Lyceum. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. Daniel A. White, Stephen C. Phillips, George Peabody, their associate petitioners and successors, and the male citizens of the city of Salem of twenty-one years of age, purchasers of tickets to the twenty-third course of lec- tures of the Salem Lyceum, are hereby made a corporation by the name of the Salem Lyceum, for the purpose of dif- Powers, du- fusing knowledge and promoting intellectual improvement ^?h ch.' r! s! ill the city of Salem, with all the powers and privileges, and subject to all the duties, restrictions, and liabilities, set forth in the forty-fourth chapter of the Revised Statutes. May hold real Sect. 2. The Said corporation may hold real and per- e^tate^ori20 - ^oual estate, to be used for the purposes aforesaid, not ex- 000, ceeding in all, the value of twenty thousand dollars, the Three trustees, legal title to which shall be in three trustees, and their sue- How chosen cessors, to be chosen by the corporation at a meeting of members thereof legally called for that purpose. Vacancies, Sect. 3. When any vacancy shall occur in said board how filled. Qf trustees by death, resignation, or incapacity to perform the duties of said office, said vacancy shall be filled by the corporation at a meeting of the members thereof legally Doings of called for that purpose. Said trustees shall be subject in ^"t^to^con^rol ^^^ carc, management, and disposal of said property, to the of joint board, control and direction of a joint board, consisting of the trus- tees and board of directors for the time being, which board of directors shall not consist of more than fifteen members. Property now Sect. 4. All property now owned by, or which may toTame^^on-'^'^ accrue to, the Salem Lyceum, shall belong to the trustees trol. before-mentioned, subject to the control and direction of the joint board above named. 1852. Chap. 120—122. 81 Sect. 5. Male citizens of Salem, of the age of twenty- Citizens of one years, shall be eligible as members of the corporation ; tv-^one vear^°" but the corporation, at any meeting legally called for that eligible as purpose, may make such by-laws and regulations in regard "^^"^'^^'^S; to membership, choice of directors, and other matters, for may make by- the purposes of then- incorporation, hereinbefore provided, 1*^^ reguiat- .y^^ r ' r 7 ing election of as it may deem proper. members and Sect. 6. This act shall take effect from and after its officers. passage. [Approved by the Governor^ April 20, 1852.] ^ct.'^^^^ ^^' An Act to authorize the organization of a corporation by the name of the CIlCip. 121 Boston Steam-Engine Company. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as folloios : Sect. 1. Otis Tufts, Charles O. Whitmore, Samuel Corporators. Lawrence, and their associates, are hereby authorized to organize a corporation by the name of the Boston Steam- Engine Company, for the purpose of manufacturing steam- Purpose, engines and other machinery, and steam-vessels, in the city of Boston, and in the town of Maiden in the county of Middlesex, according to the provisions of an act entitled " An Act relating to Joint-Stock Companies," passed in the year one thousand eight hundred and fifty-one, with a capital stock of not less than two hundred thousand dollars Capital not nor more than one million dollars, anything in said act to ^oqq^ooo the contrary notwithstanding. Sect. 2. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor, April 20, 1852.] An Act to protect Shad in Connecticut River. Chcft) 122 Be it enacted by the Se7iate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. No person shall catch, take, or destroy shad in Connecticut River after the first day of July in each year. Sect. 2. Any person convicted of a violation of this act, shall be punished by a fine not exceeding ten dollars. [Approved bij the Governor, April 20, 1852.] ii 82 1852. Chap. 123—124. Chap. 123 "^" Act concerning the Public Schools. Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Ally town in the Commonwealth containing less than five hundred families, or householders, may establish and maintain such schools as are mentioned and described in the fifth section of the twenty-third chapter of the Revised Statutes. [Approved by the Governor, April 20, 1852.] ChciD \2-^ ■^^ "^^^ ^^^^^^^S ^° ^^^ ^'^^^^^^^^^ ^^^ Milton Branch Railroad Company ■^' and the Old Colony Railroad Corporation. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : May lease its Sect. 1. The Dorchester and Milton Branch Railroad Old Colony as Company is hereby authorized to lease its road, franchise, set forth in and property of every kind, real, personal, and mixed, to m"nt!^ ^^'^^^' ^^^^ ^^^ Colony Railroad Corporation for such term of time, for such rent, and under such conditions and stipulations as to the running of cars, and all other matters, as are set forth in the memorandum of an agreement entered into by the said two corporations, dated July, in the year one thou- sand eight hundred and fifty-one, and submitted with the sixth annual report of the directors of the said Dorchester and Milton Branch Raikoad to the Legislature of this Commonwealth. May issue Sect. 2. Said Dorchester and Milton Branch Railroad «°3(rooo ''°ofd Company is hereby authorized to make, execute, and issue Colony may iiotcs or boiids to an amouiit, the principal of which shall guaranty pay- j^qj^ excecd the sum of thirty thousand dollars ; and said Old Colony Railroad Corporation is hereby authorized to guaranty, indorse, or in some other way become responsi- ble for the payment of the principal and interest of said notes or bonds ; said notes or bonds may be made and executed in such form and manner, issued in such sums, and be made payable, principal and interest, at such times, as may be agreed upon by said two corporations. Mav mortgage Sect. 3. Said Dorchester and Milton Branch Railroad how.^*^ Colony, Qompany is hereby authorized to convey their road, fran- chise, and property of every kind, real, personal, and mLxed, to said Old Colony Raih*oad Corporation in mortgage, in order to secure said last named corporation against aU loss, costs, damage, and expense which may arise or happen to it by reason of its guaranteeing, indorsing, or otherwise be- coming responsible for the payment of the principal and 1852. Chap. 124—126. 0j^ interest of said notes or bonds of said Dorchester and Milton Branch Raihoad Company, pursuant to this act. Sect. 4. Said two corporations are hereby authorized The two corpo- to make such arrangement, as to applying the rents and J^^'°g ^^™^y "* income of said Dorchester and Milton Branch Railroad debts, &c., Company, for the payment of its debts and liabilities, ^°^' through the intervention of trustees or otherwise, subject to the rights of the mortgagees, as set forth in the agreement aforesaid. Sect. 5. Nothing in this act contained shall be con- Nothing to strued or taken to prejudice or impair the existing rights of fJtln'l*^ri|htT. creditors, or other persons having interest in said Dorches- ter and Milton Branch Railroad Company. Sect. 6. This act shall take effect from and after its Takeseffect. passage. [Apjjroved by the Governor^ April 20, 1852.] An Act to authorize the organization of the Dunnell Manufacturing Com- (JJiav), \ 25 pany. "' Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Jacob Dunnell, Nathaniel W. Brown, Thomas Corporators. L. Dunnell, and their associates, are hereby authorized to organize a corporation by the name of the Dunnell Manu- facturing Company, for the purpose of manufacturing. Purpose, bleaching, printing, and finishing all kinds of textile fabrics, and selling the same, at Pawtucket, in the county of Bristol, according to the provisions of " An Act relating to Joint-Stock Companies," passed in the year one thousand eight hundred and fifty-one, with a capital stock of not less than two hundred thousand dollars, nor more than five Capital not hundred thousand dollars, anything in the said act to the ^^o^^^nn , . ' "^ ^ 5200,000, nor contrary notwithstanding. over 5500,000. Sect. 2. This act shall take effect from and after its Takes eflFect. passage. [Approved by the Governor, April, 20, 1852.] An Act to authorize Reviews of Judgments upon Recognizances to the GhdV. 126 Commonwealth. ■^' Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Any court in this Commonwealth that shall Any case of have rendered judgment on any recognizance, the penalty commoiT- of which has been forfeited to the Commonwealth, may wealth maybe grant a review of such judgment and a rehearing of the courTfor suffi- case, on the petition of any party or person interested to cient cause. 84 1852. Chap. 126—127. have such judgment revised and reversed, in whole or in part, upon the surrender or recaption of the prisoner, who was enlarged on the giving of such recognizance, — or for any cause in the opinion of the court sufficient, that may have occurred, or have been by such person or party interested ascertained after the rendition of such judgment, — or at such time as not to have afforded opportunity for presenting the same in evidence. Petition to be Sect. 2. Sucli petition, stating the grounds relied upon, ficTe^fourteen shall be filed in such court, and notice thereof with a copy days. of the Same shall be given to or served on the attorney for the Commonwealth for the same county where such court is to sit, fourteen days at least before its term, at which such hearing may be had ; unless such attorney shall in writing waive such notice or service. Whenjudg- Sect. 3. If it shall appear to the court that the amount °^^d— ^^^ ^^T ^^ such preceding judgment, or part thereof, has been ac- uigs. tually paid to or for the Commonwealth upon such recognizance, or the judgment thereon, and if, upon such review, the court shall order the judgment to be reversed or given for a less sum than shall have been so actually paid, the court may order to be repaid, the sum by which the amount so previously paid to or for the Commonwealth shall exceed the amount of the judgment so finally rendered or affirmed, to the party so having paid, as aforesaid, or his legal representatives ; and the treasurer of the Com- monwealth, if he has received such payment, or other officer of the Commonwealth who received the same, and has not paid it over to the treasurer, shall, on presentation of proper e^ddence of authority therefor, repay the same accordingly. Court may Sect. 4. If, upon such petition, such review or order for awar costs, g^^^gj-jj^g qj. diminishing the previous judgment shall not be granted, the court may award reasonable costs for the Commonwealth against the petitioner. [Approved by the Governor, April 20, 1852.] Chan. 127 A" ^^^ t° increase the number of Justices of the Supreme Judicial Court Be it enacted hy the Senate and House of Representa- fives, in General Court assembled, and by the authority of the same, as follows : Six instead of Sect. 1. The number of justices of the Supreme Judi- five judges. ^^^^ Court shall be sLx instead of five, as now provided by law. Three to be a Sect. 2. Three justices shall be a quorum at any law tem^^fficienl +crm of the said comt to decide questions of law, or at to try all cases, any trial or hearing required to be had before the full court. 1852. Chap. 127--130. 85 Sect. 3. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor, April 20, 1852.] An Act to increase the Guarantee Fund of the People's Mutual Health (Jfian 128 Assurance Company. -^ * Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : The second section of the act entitled " An Act to incor- Fund increas- porate the People's Mutual Health Assurance Company," in ^^ *° ^50,000. the town of Springfield, passed in the year one thousand eight hundred and fifty, is hereby so far amended as to increase the guarantee capital to fifty thousand dollars ; one Half to be paid half of which shall be paid in within one year from the ^°°"jy^*'"''®' 1 J ID,3.inclcr 3.S OG* passage of this act, and the other half in the manner pro- fore provided, vided for in said section in respect to the original guarantee capital. [Approved by the Governor, April 20, 1852.] An Act in addition to " An Act relating to the Erection and Use of Chan 129 Buildings for Stables and Bowling-Alleys." J- Be it enacted by the Senate and House of Representa- tives, in General Court assembled, a7id by the authority of the same, as follows : The first section of "An Act relating to the Erection and shaiibein Use of Buildings for Stables and Bowline- Alleys," passed {°^^^ J^ thirty m the year one thousand eight hundred and fifty-one, shall city or town be in force in any city or town within thirty days after the ^^^^^ ^^^^ city council of such city, or the inhabitants of such town, ^ °P ^ **™®' at a legal meeting shall by vote have adopted the same. [Approved by the Governor, April 20, 1852.] An Act to incorporate the Bellingham Branch Railroad Company. Chan 130 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. John Gardner, Freeman Fisher and Gardner Corporators. Colby, their associates and successors, are hereby made a corporation by the name of the Bellingham Branch Rail- road Company, with all the powers and privileges, and sub- Powers, privi- ject to all the duties, liabilities, and restrictions, set forth in J[f/Vc.*^as*'in the forty-fourth chapter of the Revised Statutes, and in that 4-ith chapter part of the thirty-ninth chapter thereof relating to railroads, ^- ^' and to all other general laws that have been or may be hereafter passed relative to railroad corporations. 86 1852. Chap. 130. Railroad, Sect. 2. Said company are hereby authorized and em- locatecT'&c^"^ powered to locate, construct, and maintain a railroad, com- mencing at some convenient point on the Norfolk County Raihoad near Scott's hill, in the town of Bellingham, and thence to the dividing line between this State and Rhode Island in the direction of the village of Woonsocket. May unite with Sect. 3. Said company are hereby authorized to enter ty°RaiiroaT^" ^po'ij ^-^d Unite their railroad by proper means with the where and Norfolk County Railroad, at the intersection thereof, in said • Bellingham, and also to use said Norfolk County Railroad according to the provisions of law. Bellingham Sect. 4. Said Bellingham Branch Railroad Company Branch may ^^^ hereby authorized to connect their railroad, at the line of connect with. i oi • i i -i i r ^ -r-rr i tt • Woonsocket the State, With the railroad of the Woonsocket Union u. R. R. Railroad Company, and may make any contract or con- for use of road tracts with the owners of said railroad or with the owners or property, of the Norfolk County Railroad for the leasing or use socket or N. ^^^ maintenance of the road hereby authorized, and of the C. R. R. property connected therewith. Act void, un- Sect. 5. This act shall be void if the location of the less^iocauon^^ j-q^^j herein authorized shall not be filed with the county year, or com- Commissioners of the counties of Worcester and Norfolk pietedintwo within One year, or if said road shall not be completed ' within two years from the passage of this act: provided, Woonsocket howevev, that in case the railroad of the Woonsocket Union '^^t![°^'^-^\ Railroad Company in Rhode Island shall not be constructed years, then within two years, then the time hereinbefore specified for time extended i\^q location and Construction of the road herein authorized, ' shall be extended, and this act shall continue in force, and said road may be located and constructed at any time within three years. Capital stock Sect. 6. The capital stock of the corporation shall be fd'inTfivi'''^' fi% thousand doUars, which shall be divided into five hun- hundred dred shares of one hundred dollars each. s ares. Sect. 7. No shares in the capital stock of said company JN O Sll3J*6S IS- ■*■ 1 •/ sued for less shall be issued for a less amount, to be actually paid in than par value, on each, than the par value of the shares in the original capital stock of the company. Construction Sect 8. The construction of said road shall not be ^i\\ tw^nt^y'per Commenced until twenty per cent, of the par value of each cent., par vai- and every share of the capital stock shall have been paid be paid, ^ ^^^ ^^^^o the treasury of said company, and a certificate of the same signed and sworn to by the president and a majority of the directors, shall have been filed in the office of the secretary of the Commonwealth. [Approved by the Gov- ernor, April 20, 1852.1 1852. Chap. 131—132. m An Act to change the name of the Hampden Mutual Fire Insurance Chap. 131 Company. ■^' Be it enacted hy the Senate and House of Representa- tives, in General Court assembled^ and by the authority of the same, as folloics : The Hampden Mutual Fire Insurance Company shall hereafter be called and known by the name of the Hampden Stock and Mutual Fire Insurance Company. [Approved by the Governor, April 20, 1852.] An Act concerning Savings-Banks and Institutions for Savings. ChdV 132 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The treasurer of any savings-bank, or of any Treasurer of institutions for savings, which has been or shall hereafter bank^whfn' be incorporated in this Commonwealth, shall, upon the asked in writ- \\'ritten request of any overseer of the poor of any city or o"lrseeT°of town of the Commonwealth, signed by him, inform such poor, whether overseer of the poor of the amount, if any, which may be hisThaTn-e^has deposited in the savings-bank or institution for savings, of any deposit, is which he is the treasurer, to the credit of any person named ni'iifthe^ne*'^'" in the wTitten request aforesaid, who may be at the time a cessary infor- charge upon the Commonwealth, or upon any city or town °*^*'°"- of the Commonwealth, as a pauper. Sect. 2. The treasurer of any savings-bank or of any Treasurer re- institution for savings as aforesaid, shall, upon the written a"se!s*so^r^as^to request of any assessor of any city or town of the Com- the amount of monwealth, signed by him, inform such assessor of the obH° ed'to^ fui- amount, if any, exceeding one hundred dollars, deposited in nish'the the savings-bank or institution for savings, of which he o^er'sioo^ is the treasurer, to the credit of any person named in his written request aforesaid, who may be at the time a resi- dent of the city or town of which he is an assessor. Sect. 3. If any treasurer of any savings-bank or insti- ^,50 penalty tution for savings as aforesaid, shall umeasonably refuse to fo"" refusal or give the information required by this act, or shall wilfully mat?^n ° °'^' render false information, he shall forfeit and pay the sum of fifty dollars for every such oftence, to the use of the city or town upon which such pauper may be a charge, or to the Commonwealth, if svich pauper is a charge upon the same, or to the city or town of any such assessor. Sect. 4. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor, April 20, 1852.] 88 1852. Chap. 133—135. Chap. 133 -^n -^^^ extending the time for locating and constructing the extension of the Cape Cod Branch Railroad. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Time extended Sect. 1. The times limited for the location and con- two years. struction of the extension of the Cape Cod Branch Rail- road by an act entitled " An Act to authorize the Cape Cod Branch Railroad Company to extend its road," passed in the year one thousand eight hundred and fifty-one, are hereby extended two years respectively. The company Sect. 2. The Cape Cod Branch Railroad Company aufhorized^to^ ^^^^ ^^^^ town of Wareham are hereby authorized to main- maintain tain the bridge over the Wankinco river in Wareham, as it Wankinco^iv- ^^^w exists, and without a draw, until further action of the er. Legislature : anything in the act of incorporation of said railroad company, or in an act entitled " An Act authorizing the county commissioners of the county of Plymouth to con- struct a brigde over the Wankinco river," passed in the year one thousand eight hundred and forty, to the contrary not- withstanding. [Approved hy the Governor^ April 20, 1852.] Chdp. 134 -^^ ^^^ ^" addition to An Act to incorporate the New England Coal Mining ■^ Company. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : May hold Sect. 1. The Ncw England Coal Mining Company may gioo.ooom hold for the purposes for which they were incorporated, real estate not exceeding in value one hundred thousand dol- Capitai 10,000, lars ; and the capital stock of said company shall consist of each^^^^^ not over ten thousand shares not exceeding twenty-five Proviso. dollars each : provided, that no certificate of shares in the capital stock of said company shall be issued, that shall not mention the amount paid in. Part of former Sect. 2. Such part of the act incorporating said com- act repealed, pany as is inconsistent with this act is hereby repealed. [Approved hy the Governor, April 20, 1852.] Chan. 1 35 -^^ ^^^ *° authorize the organization of a corporation by the name of the ■* * " Ridgway Coal Mining Company." Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. Georgc Odiome, A. B. Coffin, Richard Lang, and their associates are hereby authorized to organize a 1852. Chap. 135—136. 89 corporation by the name of the Ridgway Coal Mining Company, for the pmpose of mining coal in the towns of IVIansfield, Norton, and Attlcborough, in the county of Location. Bristol, according to the provisions of an act entitled " An Act relating to Joint-Stock Companies," passed in the year one thousand eight hundred and fifty-one ; with a capital stock of not less than two hundred thousand dollars, nor Capital not more than two hundred and fifty thousand dollars, anything ^200*000, nor in said act to the contrary notwithstanding. over ^250,000. Sect. 2. The provisions of the said act so far as relates Certificates to depositing certificates with the clerks of cities and towns, be de'posit^*° and recording the transfer of stock, shall be considered as in the town of complied with, on the part of this corporation, by its causing Mansfield, such deposits of certificates and records to be made in said town of Mansfield and the city of Boston. Sect. 3. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor., April 20, 1852.] An Act to set off a part of the Town of Dedhara, and annex the same to Chap. 136 the Town of West Roxbury. "' Be it enacted by the Senate and House of Representa- tives^ in General Court assembled, and by the authority of the same, as follows : Sect. 1. So much of the town of Dedham, in the county Boundaries, of Norfolk, as lies northeasterly of a line extending from a corner monument between the said town of Dedham and the town of West Roxbmy, on or near land belonging to the Shuttlesworth estate, and in continuation of the straight line between said corner monument and a monument next southeasterly betw^een said towns, on the old road from Dedham to Boston, till it meets the centre of the channel of Charles River, and thence northerly by the centre of said channel to the present line between Dedham and West Roxbury, with all the inhabitants and estates thereon, is hereby set off from the town of Dediiam and annexed to the town of West Roxbury ; provided, however, that for the Unaltered as purpose of electing representatives to the General Court, to J°^egf "^^'^**" which the said town of Dedham is entitled, until the next decennial census shall be taken, in pursuance of the thir- teenth article of amendment to the Constitution, the said territory shall remain and continue to be a part of the town of Dedham, and the inhabitants resident therein shall be entitled to vote in the choice of such representatives, and shaU be ehgible to the office of representative in the town of Dedham in the same manner as if this act had not been passed. 12 90 1852. Chap. 136. Taxes, where Sect. 2. The said inhabitants and estates so set off, to be paid. gj^^jj ]3g liable to pay all taxes that have been legally as- sessed on them by the town of Dedham, in the same man- ner as if this act had not been passed. West Roxbury Sect. 3. If any persons who have heretofore gained a Jauper^on ^^gal settlement in the town of Dedham by reason of resi- new territory, dence on the territory set off as aforesaid, or by having been proprietors thereof, or who may derive such settlement from any such resident or proprietor, shall stand in need of relief or support as paupers, they shall be relieved and sup- ported by the said town of West Roxbury, in the same manner as if they had gained a legal settlement in that town. West Roxbury Sect, 4. The selectmen of West Koxbury shall annu- to furnish list ally, fourteen days at least before the second Monday of November, furnish the selectmen of Dedham a correct list, so far as may be ascertained from the records of the town of West Roxbury, or any of its officers, of all persons resi- dent on the territory hereby set off, who shall be entitled to vote for representatives, as aforesaid, in Dedham ; and for every neglect by the said selectmen so to furnish such list, the town of West Roxbury shall forfeit the sum of one hundred dollars ; and for the making of any false return in respect to any part of such list, shall forfeit the sum of twenty dollars for every name in respect to which a false return shall have been made, to be recovered in the same manner as is provided in the fourth section of the third chapter of the Revised Statutes, in respect to penalties for neglect, or false retm'ns of collectors of towns. West Roxbury Sect. 5. The towu of West Roxbury shall pay to the n dh^ ^*^^th° *°^^^ ^^ Dedham, within one year from the passage of this in one year, act, the suin of fouT hundred dollars ; which said sum it shall be lawful for the said town of West Roxbury to assess upon the real estate of the district hereby set off, and to collect in the same manner that State, towm, and county taxes are now assessed and collected. Act void, un- Sect. 6. This act shall be void unless the town of West to^in dxr'^*^^ Roxbury shall, within sixty-days of the passage of this act, days. at a meeting called for that purpose, express their assent to the same, and agree to pay said town of Dedham said sum of four hundred doUars. Takes effect. Sect. 7. This act shall take effect from and after its passage. [Approved by the Governor, April 21, 1852.] 1852. Chap. 137. 91 An Act in addition to an Act concerning Mutual Marine Insurance Chan. 137 Companies. ■* ' Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as folloics : Sect. 1. All mutual marine insurance companies which Havingbeenin have been, or shall hereafter be, incorporated in this Com- Pg^Y^o^g ^* monwealth, after having been in operation not less than shall make an- tsvelve months, shall cause an annual dividend statement ^i'*! estimate to be made up in each year, which shall contain a fair esti- mate of the net profits of the company not before divided, taking into view the probable amount to be paid on all claims, outstanding risks, and demands, which have been or may be made against the company, including all ex- penses, interest, and allowances for previous deficiencies ; and after ascertaining in this mode the net profits of the Directors may year, on the risks terminated, the directors may declare a ^^^l^^f ^Jtain dividend of such profits, of a certain per centum on the per cent, pro- premiums received for such terminated risks, and the sub- gcriptrons^o" scriptions made to the safety fund in that year, and issue safety fund, certificates representing said dividend, to the persons in t^cates^^ '^^^' whose names the policies of insurance and subscriptions for the year, in conformity to the fifteenth section of the two hundred and eighty-first chapter of the act of eighteen hundred and fifty-one were originally made, or to their legal representatives ; and the said certificates shall be transfer- able only on the books of the company, under regulations to be prescribed by the by-laws ; and such certificates shall contain a proviso declaring the same to be subject to any future losses and expenses of the company until the same are redeemed, as hereinafter provided, and subject to be reduced by the directors in case of losses and expenses, in* any subsequent year, exceeding the estimated profits of such year : provided, that no original certificate shall be required to be issued for a less sum than ten dollars, but all sums less than ten dollars may be passed to the contin- gent accounts of the company. Sect. 2. Any mutual marine insurance company may six per cent. pay on the certificates issued in conformity with the pre- interest may be ceding section, from the accrued income of their invested cates. funds, interest not exceeding six per centum per annum ; and whenever the net profits of any such company shall exceed the sum of two hundred and fifty thousand dollars, the excess may be applied from year to year thereafter, to the redemption of the certificates of the previous years, in such manner as the directors may determine ; but no certificates of any year shall be redeemed while certificates of previous 92 1852. Chap. 137—138. years remain unredeemed ; and whenever the accumula- tions of net profits of such company shall exceed the sum of five hundred thousand dollars, all such excess shall be so applied. Debt due from Sect. 8. In case any person or persons, entitled to a titied°toT"cer- certificate of profits, shall be indebted to such company for tificate may be sums past due and unpaid, the company may withhold the deducted, certificate and deduct such sum or sums from the amount thereof, and reduce or cancel the same ; but persons holding policies of the company, or entitled to certificates, shall not be answerable by reason thereof, or for anything contained therein, except for the payment of their premium, or other notes in advance for premiums. [Approved by the Gover- nor, April 21, 1852.] Chan 138 '^^ ^^^ ^'^ incorporate the Proprietors of the Acushnet Bridge. Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. Jonathan P. Lund, Rodney French, Thomas Bennette, their associates and successors, are hereby made a corporation by the name of the Acushnet Bridge Corpo- Powers, pri-vi- ration, with all the powers and privileges, and subject to in^^th chapter ^^ ^^^ duties, restrictions, and liabilities, set forth in the of R. s. forty-fourth chapter of the Revised Statutes. Empowered to Sect. 2. Said corporation are hereby authorized and locate and empowered to erect a bridge over Acushnet River, com- build a bridge ^ . .o -r,.i ii^ it-»i as described, mencmg at some point between Railroad whari and Joel- ville wharf, on the west side of said river, in the city of New Bedford ; thence crossing the river to the most conve- nient point on the east side of said river, in the town of Twenty-eight Fairhaven. Said bridge shall be twenty-eight feet wide, feet wide. g^j^^j shall be built of suitable materials, with sufficient rails on each side for the protection of passengers, and in such manner as the corporation may determine upon ; except such parts of it as may be over water more than ten feet deep at ordinary high water, which portion shall be built upon piles ; and the whole shall be kept in good repau at all times : provided, however, that nothing contained in the preceding clause shall prevent the construction of such piers or abutments of stone or other materials, and of such suitable dimensions as shall be deemed necessary for the Draw may be permanence and security of the draw hereinafter provided widened by di- \qy. And said draw shall be widened at the expense of isiature? ^ said corporation, whenever the Legislature shall direct. 1852. Chap. 138. 93 Sect. 3. There shall be a convenient draw in said Draw over bridge over the channel of said river, not less than forty f^g^^^fi ^°'*^ feet in width, for the passing of vessels ; and the said cor- poration shall constantly keep some suitable person or per- s"n*shlu^at'- sons at said bridge, who shall open said draw for any vessel tend it. that may be passing np or down said river, free of expense to the owners thereof; and if the person or persons whose duty it shall be to open said draw for the passage of ves- Fine ^10 for sels, shall unreasonably neglect or refuse to do so, the cor- neglect to open poration shall, for every such neglect or refusal, be liable to a fine of ten dollars, for the benefit of the person or persons damaged by such delay, to be recovered in any court of competent jurisdiction to try the same ; and said bridge shall not be less than twenty feet wide at the draw. Sect. 4. A toll is hereby granted and established for Kates of toll, the benefit of said corporation, according to the following rates, to tvit : for each foot passenger, one cent ; for each foot passenger with wheelbarrow or hand-cart, two cents ; for each horse and rider, five cents ; for all carriages with one horse, ten cents, and three cents extra for each addi- tional horse ; for loaded teams with one horse, twelve cents, and for each additional horse, five cents extra ; for loaded teams drawn by one pair of oxen, fifteen cents, and for each additional pair, five cents extra ; for each horse without a rider, and for neat cattle, two cents each ; for sheep and swine, one cent each ; for all carnages unat- tached to any animal, five cents ; and one person and no more shall be allowed to each team, as a driver, to pass free of toll ; said toll shall commence on the day of the opening of said bridge and shall continue for fifty years, unless as hereinafter provided for ; and at the place of re- A sign-board, ceiving said tolls there shall be constantly exposed to view ^n^to'ife^kept a sign-board, with the rates of toll fairly and legibly painted up.' thereon. Sect. 5. Said corporation is hereby authorized and em- Authorized to powered to take and hold real estate in the city of New ^ °j^ ^^^^ ^^' Bedford and in the town of Fairhaven, needful for the con- struction and maintaining of said bridge and opening and establishing the necessary communications with the streets, highways, and public avenues of said city and town re- spectively ; and said corporation shall be holden to make compensation to any person whose real estate shall be taken for the uses aforesaid ; and if there shall be a differ- Value of lands ence of opinion as to the value of the same, either of the sg^t^ed.^"^ said parties may apply to the county commissioners of the Damages, county of Bristol ; whereupon the same proceedings shall ^'^^l^'^^^^^^h u u J • i r J X 1 _L • 1 L • as by 24th ch. be had m respect ot damages, costs, and trial by jury as are k. s. 94 1852. Chap. 138—140. provided for by the twenty-fourth chapter of the Revised Statutes, concerning town-ways and private-ways. On receiving Sect. 6. Whenever the receipts of toll or income of said certainamount bridge shall have amounted to a sum sufficient to defray ltl6 DriQErc will ^ . . . . . revert to Com- the expenses of building, repairing, and sustaining the monwealth. game, and paying the interest of eight per cent, on the first cost, the said bridge shall revert to the Commonwealth. Tobecomplet- Sect. 7. K the said bridge shall not be completed and ed in six years, open for travel in six years from the passage of this act, then this act shall be void. Capital to be Sect. 8. The capital stock of said corporation shall be No'shares to fifteen thousand dollars : provided, that no shares in said be issued for capital stock shall be issued for a less sum to be paid in va^iue^^''^" on each than the par value of the shares first issued. [Approved by the Governor.) April 21, 1852.] Chan 139 ■'^" "^^^ ^° abolish Duties on Sales by Auction. Be it enacted by the Senate and House of Representa- tives, in Gefieral Court assembled, and by the authority of the same, as follows : Sect. 1. Hereafter no tax or duty shall be imposed on any sale by auction. Acts inconsis- Sect. 2. All acts and parts of acts inconsistent with the tent repealed, foregoing scctioii are hereby repealed. [Approved by the Governor, April 21, 1852.] Chat) 140 -^^ ^^^ concerning Tender, in Actions at Law, and Suits in Equity. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Defendant Sect. 1. Whenever any defendant in any action at law, "l^y ?-^ff ^ *" o^ i^ ^^y s^i^ i^ equity wherein damages only are sought sura in writing to be recovered, pending in any court in this Common- as amount due. wealth, shall, in the court in which such suit or action is pending, offer, and consent in writing, to be defaulted, and that judgment shall be rendered against him, as damages, for a sum by him specified in said writing, the same shall be entered of record, together with the time when the same Plaintiff may was tendered; and the plaintiff may, at any time within withm ten ^ davs after he has received notice of such offer and con- days accept J /• • 1 ' f ^ jy 1 1 judgment ac- sent, acccpt of judgment, for the sum so ottered as damages ; costrto^date^^ ^'^^ ^^^ court shall render judgment accordingly, with costs of notice. to the date of such notice ; or if, after such notice, the court Further time ji^ which such offcr shall be made, shall, for good cause, allowed.™*^ ^ grant the plaintiff a further time to elect, then the plaintiff 1852. Chap. 140—141. ^$ may signify his acceptance as aforesaid, at any time before the expiration of the time so allowed by the court, and judgment shall be given by the court, upon such acceptance, as if the acceptance had been within ten days as aforesaid. Sect. 2. Whenever, in the final disposition of any such When plaintiff suit or action as is named in the preceding section, such pgp|| "a*n/ not ofter and consent as is therein named shall have been made recover greater by the defendant, and the plaintiff shall not have elected as *"'"• aforesaid to accept the same, if the plaintiff shall not recover a greater sum than the sum so offered, not including interest on the sum recovered in damages from the date of such offer, the defendant shall have judgment against the plain- Defendant tiff for his costs after the date of such offer, and execution judgment^ for shall issue therefor ; and the plaintiff, if he shall recover any costs after damages, shall be allowed his costs only up to the date of *^®' such offer and consent. Sect. 3. No offer or consent, made in pursuance with Offer not ac- the foregoing sections, which shall not be accepted, shall ^^P^^f^^^^g *^ be evidence against the party making the same, either in against de- any subsequent proceeding in the action or suit in which ^^'^^*°*- such offer is made, or in any other action or suit. [Ap- proved by the Governor, April 21, 1852.] An Act to incorporate the TrHstees of the Tufts College. Chop. 141 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. B. B. Mussey, Timothy Cotting, Richard Corporators. Frothingham, Jr., their associates and successors, are hereby constituted a body corporate by the name of the Trustees of the Tufts College, in Medford, and they and their suc- cessors, and such as shall be duly elected members of said corporation, shall be and remain a body corporate by that name forever. And for the orderly conducting the business Trustees to of said corporation, the said trustees shall have power and and*o?her^ offi- authority, from time to time, as occasion may require, to cers, declare elect a president, vice-president, secretary, and treasurer, urer^of^offiTc", and such other officers of said corporation as may be found and remove necessary, and to declare the duties and tenures of their ° respective offices ; and also to remove any trustee from the same corporation, when, in their judgment, he shall be ren- dered incapable, by age, or otherwise, of discharging the duties of his office, or shall neglect or refuse to perform the same ; and also, from time to time, to elect new members of the said corporation : provided, nevertheless, that the Corporation number of members shall never be greater than twenty- "wenty-three^ three. 96 1852. Chap. 141. Corporation to Sect. 2. The said corporation shall liave fuU power and ^me'^iac^e, authority to determine at what times and places their and manner of meetings shall be holden, and the manner of notifying the hoiding^raeet- trustees to convene at such meetings ; and also, from time ings by trus- to time, to elect a president of said coUege, and such profes- *^^^' sors, tutors, instructors, and other officers of the said college, as they shall judge most for the interest thereof, and to determine the duties, salaries, emoluments, responsibilities, and tenures of their several offices. And the said corpora- Corporation tion are further empowered to purchase or erect, and keep Seet,^and r^e-^' ^^ repair, such liouscs and other buildings as they shall pair buildings, iud^e ncccssary for the said college; and also to make and and make "^ i^- "^ • . '= ' ui i j rules, by-laws, ordam, as occasion may require, reasonable rules, orders, &c., with suit- and by-laws, not repugnant to the constitution and laws of reguiat^in-^^^' this Commonwealth, with reasonable penalties for the good struction and government of the said college, and for the regulation of egrees. ^^^^^^ owii body, and also to determine and regulate the course of instruction in said college, and to confer such de- grees as are usually conferred by colleges in New England, be transacted exccpt medical degrees: provided, nevertheless, that no cor- uniess half the porate business shall be transacted at any meeting unless members pres- ^ ii^,i,i',ii. . ent. one halt, at least, ol the trustees are present. Corporation Sect. 3. The said corporation may have a common ma|' have a geal, which they may alter or renew at their pleasure, and all deeds sealed with the seal of said corporation, and signed by their order, shall, when made in their corporate name, be considered in law as the deeds of said corpora- May sue and tion ; and that said corporation may sue and be sued in all actions, real, personal, or mixed, and may prosecute the same to final judgment and execution by the name of the May hold real Trustees of the Tufts College ; and said corporation shall estat^e!"^^"^^ be Capable of taldng and holding in fee simple, or any less estate, by gift, grant, bequest, devise, or otherwise, any Provided— lands, tenements, or other estate, real or personal : provided, come exceed " that the clear annual income of the same shall not exceed not ^20,000. twenty thousand dollars. Rents and Sect. 4. The clear rents and profits of all the estate, to°endowraent J*eal and personal, of which the said corporation shall be of college, so seized and possessed, shall be appropriated to the endow- virtue anTpie- ment of Said coUegc, in such manner as shall most ty, arts and effectually promote virtue and piety, and learning in such conforming to of the languages, and of the liberal and useful arts and will of the do- sciences, as shall be recommended from time to time by the said corporation, they conforming to the will of any donor or donors in the application of any estate which may be given, devised, or bequeathed for any particular object connected with the college. 1852. Chap. 141—142. W Sect. 5, The said trustees be, and are hereby authorized Trustees au- to receive all the real estate, goods, chattels, choses in action, cefve^pro^perty and property of every description whatever, which has of all kinds ai- heretofore been given, conveyed, purchased, bequeathed, ^^^ ^ given, devised, or in any other way seemed to the trustees of the Tufts institution of learning, with the intent and for the purpose of establishing and maintaining a classical or col- legiate institution in Medford; and that all the said funds ^Ufy^^g to jjg and estate, as well as all other property which may be re- faithfully ap- ceived by them, shall be faithfully and forever used and Pjg to *the will appropriated according to the will of the donors. of the donors. Sect. 6. No instructor in said college shall ever be re- No religious quired by the trustees to profess any particular religious *®^* requure . opinions as a test of office, and no student shall be refused admission to or denied any of the privileges, honors, or de- grees of said college on account of the religious opinions he may entertain. Sect. 7. The Legislature of this Commonwealth may Legislature grant any further powers to, or alter, limit, annul, or re- ^eVo*we*ra ^ strain any of the powers vested by this act in the said granted by this corporation, as shall be found necessary to promote the ^^^' "^°' **• best interests of the said college, and more especially may appoint and establish overseers or visitors of the said college, with all necessary powers for the better aid, preser- vation, and government thereof. Sect. 8. The granting of this charter shall never be This charter considered as any pledge on the part of the government, ^^d f?om^goY-' that pecuniary aid shall hereafter be granted to the college, emment. [Approved by the Governor.^ April 21, 1852.] An Act to establish a State Board of Agriculture. Chap. 142 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. A State Board of Agriculture is hereby estab- Board, how lished, to consist of his excellency the governor, his honor constituted, the lieutenant-governor, and the secretary of State, ex officiis; of one member from each of the agricultural societies in the Commonwealth that receives an annual bounty from the State, and of three members to be appointed by the governor and council. Said members shall hold their offices for three years, except as hereinafter provided : — and the governor and council, and the agricultural societies as aforesaid, shall, within sLxty days after the passage of this act, appoint said members ; and afterward whenever vacan- cies shall occur. 13 98 1852. Chap. 142. At first meet- Sect. 2. At the first meeting of this board appointed as ^(n^tex^Mcio) aforesaid, and called by his excellency the governor, the to be divided three members appointed by the governor and council, dasses!^^^ and the members from the agricultural societies as afore- said, shall be divided into three equal classes, as near as Terms of office, may be, and the term of office of the first class shall expire on the first Wednesday of February, in the year one thou- sand eight hundred and fifty-four; the second class on the first Wednesday of February, in the year one thousand Expiration of eight hundred and fifty-five ; and the third class on the each class to first Wednesday of February, in the year one thousand Vacancies to ^^S^^ hundred and fifty-six. The expiration of each class be filled by shall be determined by lot by the whole board, and the governor and vacancies thus Created shall be filled by the governor and council, &c. . , . Jo council, and by the respective agricultural societies in which such vacancy may occur. Duty of the Sect. 3. It shall be the duty of this board to investigate board. all such Subjects relating to improvement in agriculture in this Commonwealth as they may think proper, and they are May hold and hereby empowered to take, hold in trust, and exercise con- doiT^^o ^"^ ^^^^ over any donations or bequests that may be made to them for promoting agricultural education, or the general interests of husbandry. Shall meet at Sect. 4. The board of agriculture shall meet at the once^aXyear State house in Boston at least once in each year, and as much oftener as they may deem expedient, and they are May employ hereby empowered to employ a suitable person to act as secretary. secretary of the board, and to prescribe and determine his Reports and duties ; but all the duties of the secretary of the Common- returns shall wealth, relating to retm*ns of agricultural societies, shall be D6 m^QG to tll6 ' O O ^ secretary of the performed by the secretary of the board of agriculture ; and board. q\[ reports and returns now required by law to be made by said societies shall be made and returned to the secretary of Salary not ex- this board. The governor and council shall determine his ceeding ^1500. compensation ; which compensation shall not exceed the sum of fifteen hundred dollars per annum ; but no member No member of of the board shall receive any compensation for his services ceive^ comp'en- ^^om the Commonwealth, except for personal expenses when sation from engaged on the duties of the board. And the said board we™th°e'xcept ^l^^^l annually, on or before the fourth Wednesday of Janu- his expenses, ary, by their chairman or secretary, submit to the Legislature Annual report a detailed report of their doings, with such recommenda- chainnan,&c^ tions and suggestions as in their view the interests of agri- cultm'c may require. Laws inconsis- Sect. 5. All laws inconsistent with this act are hereby tent repealed, repealed. Takes effect. Sect. 6. This act shall take effect from and after its passage. [Approved by the Governor, April 21, 1852.] 1852. Chap. 143. 9§ An Act to divide the Commonwealth into Districts for the choice of Rep- Qhap, 143 resentatives in the Congress of the United States. ^ * Be it enacted hy the Senate and House of Representa- tives, ill General Court assembled, and by the authority of the same, as follows : Sect. 1. For the purpose of electing representatives in Eleven dis- the thirty-third Congress of the United States, and in each *"''*^- subsequent Congress, until otlienvise provided by law, the Commonwealth shall be divided into eleven districts, each of which shall elect one representative, being an inhabitant of the same, in the manner now provided by law. Sect. 2. The said eleven districts shall be as follows, to wit :— The several towns in the counties of Barnstable, Dukes, District No, i, and Nantucket, together with the city of New Bedford, and 1^°^ formed, the towns of Dartmouth and Fairhaven, in the county of Bris- tol; and the towns of Carver, Kingston, Plymouth, Plymp- ton, Rochester, and Wareham, in the county of Plymouth, shall form one district, and be called District Number One. The towns of Attleborough, Berkley, Dighton, Easton, No. 2, parts of Fall River, Freetown, Mansfield, Norton, Pawtucket, Rayn- ^'^uth 'a^d' ham, Rehoboth, Seekonk, Somerset, Swanzey, Taunton, and Norfolk. Westport, in the county of Bristol; and the towns of Abing- ton, Bridgewater, Duxbury, East Bridgewater, Halifax, Han- over, Hanson, Hingham, Hull, Marshfield, Middleborough, North Bridgewater, Pembroke, Scituate, South Scituate, and West Bridgewater, in the county of Plymouth; and the town of Cohasset in the county of Norfolk, shall form one district, and be called District Number Two. The towns of Bellingham, Braintree, Canton, Dedham, No. 3, parts of Dorchester, Dover, Foxborough, Franklin, Medfield, Med- festerl^nY""' way, Milton, Needham, Quincy, Randolph, Sharon, Stough- Middlesex, ton, Walpole, West Roxbury, Weymouth, Wrentham, in the county of Norfolk; and the towns of Blackstone, Mendon, Milford, Northbridge, Upton, and Uxbridge, in the county of Worcester ; and the towns of Brighton, Holliston, Newton, Sherburne, and Watertown, in the county of Middlesex, shall form one district, and be called District Number Three. The city of Roxbury, and the town of Brookline, in the No. 4, parts of county of Norfolk; and the wards numbered seven, eight, ^j^^/"}^^ ^"^"^ nine, ten, eleven, and twelve, in the city of Boston, in the " county of Suffolk, shall form one district, and be called Dis- trict Nu.mber Four. The wards numbered one, two, three, four, five, and six, No. 5, parts of in the city of Boston, and the towns of Chelsea and North Middlesex. Chelsea, and Winthrop, in the county of Suffolk; and the 100 1852. Chap. 143. city of Cambridge, in the county of Middlesex, shall form one district, and be called District Number Five. No. 6, parts of The cities of Lynn, Newburyport, and Salem, and the Essex. towns of Amesbury, Beverly, Essex, Georgetown, Glouces- ter, Groveland, Hamilton, Ipswich, Manchester, Marblehead, Newbury, Rockport, Rowley, Salisbury, Wenham, and West Newbury, in the county of Essex, shall form one dis- trict, and be called District Number Six. No. 7, parts of The towns of Andover, Boxford, Bradford, Danvers, Ha- MiddUsex verhili, Lawrence, Lynnfield, Methuen, Middleton, Saugus, and Topsfield, in the county of Essex; and the city of Charlestown, and the towns of Burlington, Lexington, Maiden, Medford, Melrose, Reading, Somerville, South Reading, Stoneham, Waltham, West Cambridge, Wilming- ton, Winchester, and Woburn, in the county of Middlesex, shall form one district, and be called District Number Seven. No. 8, parts of The city of Lowell, and the towns of Acton, Ashby, Middlesex and Ashland, Bedford, Billerica, Boxborough, Carlisle, Chelms- ford, Concord, Dracut, Dunstable, Framingham, Groton, Hopkinton, Lincoln, Littleton, Marlborough, Natick, Pep- perell, Shirley, Stow, Sudbury, Tewksbury, Townsend, Tyngsborough, Wayland, Westford, and Weston, in the county of Middlesex ; and the towns of Berlin, Bolton, Har- vard, Lunenburg, Northborough, Southborough, and West- borough, in the county of Worcester, shall form one district, and be called District Number Eight. No. 9, parts of The towns of Ashburnham, Auburn, Barre, Boylston, Worcester Brookfield, Charlton, Clinton, Douglas, Dudley, Fitchburg, Gardner, Grafton, Holden, Hubbardston, Lancaster, Leices- ter, Leominster, Millbury, New Braintree, North Brookfield, Oakham, Oxford, Paxton, Princeton, Rutland, Shrewsbury, Southbridge, Spencer, Sterling, Sturbridge, Sutton, Tem- pleton, Webster, West Boylston, Westminster, and Win- chendon, and the city of Worcester, in the county of Worcester, shall form one district, and be called District Number Nine. No. 10, parts The towns of Athol, Dana, Hardwick, Petersham, Phil- FrSun^*^''' lipston, Royalston, Warren, and West Brookfield, in the Hampshire, coimty of Worcester; and Erving, Leverett, Montague, and Hampden, ^^-^y Salem, Northfield, Orange, Shutesbury, Sunderland, Warwick, Wendell, and Whateley, in the county of Frank- lin; and Amherst, Belchertown, Easthampton, Enfield, Granby, Greenwich, Hadley, Hatfield, Northampton, Pel- ham, Prescott, South Hadley, and Ware, in the county of Hampshire ; and Brimfield, Chicopee, Holland, Hol- yoke, Longmeadow, Ludlow, Monson, Palmer, Springfield, Wales, West Springfield, and Wilbraham, in the county of 1852. Chap. 143—145. 101 Hampden, shall form one district, and be called District Number Ten. The towns of Ashfield, Bernardston, Buckland, Charle- No. ii, parts mont, Coleraine, Conway, Decrfield, Gill, Greenfield, Haw- HamThil?' ley, Heath, Leyden, Monroe, Rowe, and Shelburne, in the Hampden, and count !i of Franklin; and Chesterfield, Cummington, Goshen, Berkshire. Middlefield, Norwich, Plainfield, Southampton, Westhamp- ton, Williamsburg, and Worthington, in the county of Hampshire; and Blandford, Chester, Granville, Montgom- ery, Russell, Southwick, Tolland, and Westfield, in the countij of Hampden; and the several towns in the county of Berkshire., shall form one district, and be called District Number Eleven. Sect. 3. This act shall take effect from and after its Takes effect. passage. And all acts inconsistent with this act are hereby repealed. [Approved by the Governor, April 22, 1852.] An Act in relation to Easements of Light and Air. Chcit). 144 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : No person who has erected or may erect any house or No written other building, near the land of any other person, with win- ^fij^^J^ed here- dows overlooking such land of such other person, shall, by by. the mere continuance of such windows, acquire any ease- ments of light or air, so as to prevent such other person, and those claiming under him, from erecting any building on such land : provided, that nothing herein contained shall invalidate any written agreement, made or to be made, in regard to such easements. [Approved by the Governor, April 22, 1852.] An Act to incorporate the Union Mutual Marine Insurance Company. Chdl). 145 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Samuel Hale, Moody A. Thurlo, Isaac H. Boardman, corporators, their associates and successors, are hereby made a corpora- tion by the name of the Union Mutual Marine Insurance in Newbury- Company, in Newburyport, for the term of twenty years, p*"^*- for the purpose of making maritime loans and insurance ye"™' *^^° ^ against maritime losses on the principle of mutual insur- purpose, ance, with all the powers and privileges, and subject to all Powers, privi- the duties, liabilities, and restrictions, set forth in an act ^^^^^' ^^' concerning insurance companies, passed in the year one 102 1852. Chap. 145—146. thousand eight hundred and forty-two, and in all subse- quent acts relating to mutual marine insurance companies. [Approved by the Governor^ April 24, 1852.] ChaT) 146 "^^ ^^^ ^^ incorporate the Williamstown and Hancock Railroad Company. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. John M. Cole, Asahel Foote, Josiah A. Mills, Enoch Hubbard, Jr., Silas H. Gardner, and Rufus L. Ma- son, their associates and successors, are hereby made a cor- poration by the name of the Williamstown and Hancock Powers, du- Railroad Company, with all the powers and privileges, and ^es, liabilities, subject to all the dutics, liabilities, and restrictions, set forth and 39th chap- in the forty-fourth chapter of the Revised Statutes, and in ter R. s. that part of the thirty-ninth chapter thereof relating to rail- road corporations, and in all other general laws which have been or shall be hereafter passed, relative to railroad cor- porations. Location. Sect. 2. Said company are empowered to locate, con- struct, and maintain a railroad with one or more tracks, from some convenient point on the north line of Williams- town, in the county of Berkshire, by the most convenient route, in a southerly direction through said town and the town of Hancock to the west line of said Hancock. May contract Sect. 3. Said Company may contract with the owners rompanies^n ^^ ^^y contiguous raiboad leading into or from either of other States, the States of Vermont or New York, for the use of the whole or any part thereof, or for the running and operating the two railroads conjointly, or for the leasing of such con- tiguous road, or for the letting or hiring of their own road to the owners of such contiguous road. Capital stock Sect. 4. The capital stock of said company shall not 6000 shares.'"^ exceed five thousand shares, the number of which shall be determined from time to time by the directors thereof; and men^oveV ^^^ assessment thereon shall be laid of a greater amount, in ^100 per share, the wholc, than one hundred dollars on each share; and May hold real the said company may purchase and hold such real and and personal personal estate as may be necessary for the purposes of its incorporation. To be located Sect. 5. If the location of said road be not filed within and^nilhed'in ^wo years, and said railroad constructed within five years five years, or from the passage of this act, then the same shall be void. An roa^d au- Sect. 6. The Legislature may authorize any railroad thorized may Company to enter, with its railroad, upon the Williams- a'nd^ir'R R^' ^owu and Hancock Railroad, on such terms as may be Co. agreed upon by said companies, or as may be prescribed by the provisions of law. 1852. Chap. 146—148. 103 Sect. 7. The Legislature may, after the expiration of Legislatnre five years from the time when such railroad shall be opened may'a^tL*r tofis' for use, from time to time, alter and reduce the rate of toll, or profits, upon said road ; but said toll shall not be so re- duced, without the consent of said company, as to produce, with said profits, less than ten per cent, per annum upon the investments of the said company. Sect. 8. The said company may, with its railroad, unite May «nite with, enter upon, cross, and use the railroad of the Troy ^^ g. likii-' and Greenfield Railroad Company, in the town of Wil- road Co. liamstown, on such terms as may be agreed upon between the corporation hereby created and the aforesaid company, or as may be prescribed by law. Sect. 9. The said corporation shall not commence the When and how construction of its road until a certificate shall have been construetioif. filed in the office of the secretary of the Commonwealth, subscribed and sworn to by the president and a majority of the directors thereof, stating that all the stock named in their charter has been subscribed for by responsible parties, and that twenty per centum of the par value of each and every share of the stock thereof, has been actually paid into the treasury of the company. Sect. 10. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor, April 24, 1852.] An Act to extend the time for the alteration of their Bridges over Miller's CJictn, 147 River, by the Fitchburg Railroad Corporation. -* Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : The time within which the Fitchburg Railroad Corpora- Time extended tion is required by chapter three hundred and twenty-nine, froi^24th>ia of the acts of one thousand eight hundred and fifty-one, to i852. construct solid embankments at their present crossings over Miller's River, in Somerville, is hereby extended six months from the twenty-fourth day of May, one thousand eight hundred and fifty-two. [Approved by the Governor, April 24, 1852.] An Act to incorporate the Eastern Avenue Corporation. ChdlJ. 1 48 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Robert Rantoul, Jr., Samuel S. Perkins, Ben- Corporators, jamin T. Reed, Samuel Leeds, Otis Rich, John P. Monks, Joseph W. Ward, their associates and successors, are 104 1852.- — Chap. 148. hereby made a corporation, by the name of the Eastern Avenue Corporation, with all the powers and privileges, and subject to aU the duties, liabilities, and restrictions, set forth in the forty-fourth chapter of the Revised Statutes. Solid struc- Sect. 2. The said corporation is hereby authorized to ture one hun- construct and maintain an avenue, to be of solid structure, drsQ iG6t wide* from L street one hundred feet wide, for a street and sidewalks, com- to riparian mcnciug at L street, being a point within the boundaries of the city institutions, in that part of Boston called South Boston, and running thence in a north-westerly direction one hundred rods from high- water-mark, or to riparian line, so called : said avenue to be provided with proper draw or draws and sluiceways, which draw or draws or sluiceways it shall be in the power of the Legislature to change and widen at the expense of the corporation or their successors. May construct Sect. 3. The Said corporation is also authorized and pile bridge one empowered to coustruct and maintain a pile bridge, not wide "^ from exceeding one hundred feet in width, with stone piers one solid avenue to hundred feet wide, and not less than four hundred feet street^'^ apart, and with suitable draw or draws, which draw or draws it shall be in the power of the Legislature to change and widen, at the expense of the corporation or their suc- cessors, commencing at the north-westerly end of the solid avenue described in the second section of this act, and run- ning thence in a direct line to the foot of Summer street, in commission- the city of Boston : provided, that none of the stone piers h'^^H^^^t h aforesaid shall be placed in Fore or Fort Point channel, twenty-one And j/rovided, also, that the southerly side of said bridge hundred feet where it crosses the commissioners' line, on the easterly In crossing ^^^^ *^^ Fore Point channel, shall be twenty-one hundred flats bridge to feet from the angle in said commissioners' line : and pro- WesYBroad-*^ vided, further, that the portion of the said bridge or avenue, way. which crosses the flats, shall be parallel to West Broadway, Crossing chan- in said South Boston : and provided, further, that said than°sixt™six bridge where it crosses said channel shall not be more than feet wide. sixty-six feet " in width." May take land Sect. 4. The Said Corporation may purchase, or other- for street, pay- wisc take, any land necessary for the purpose of making a as^pro^ddedV street fifty feet wide, from the westerly termination of the ^a'^- bridge aforesaid, authorized by the third section of this act, to Summer street; and if they shall not be able to obtain such land by any agreement with the owner or owners thereof, they shall pay therefor such damages as shall be estimated and determined, in the manner provided by the laws of this Commonwealth in the case of laying out and widening streets in the city of Boston ; and all damages to the estates of riparian proprietors, or owners, by the con- 1852. Chap. 148—149. 105 struction of any of the structures authorized by this act, shall be estimated and determined in the same manner. Sect. 5. The said avenue, bridge, street, draws, and Avenue, sluiceways shall be constructed under the direction, and to gi^ifg^^a^g"^^®*' the satisfaction, of three commissioners, to be appointed by made under the governor and council, and to be paid by the said corpo- *^'^^^ commia- ration; and the said corporation shall be held liable to keep pointed by the same in good repair, and to open the said draws and founca^a^^e^x- artbrd all proper accommodations to vessels having occasion pense of cor- to pass the same by day or by night. poration. Sect. 6. The said bridge, street, and avenue, shall be Free of toll, open for free travel for the use of the public, without toll or charge therefor. Sect. 7. Before commencing the structures contemplated Corporation in the second and third sections of this act, the said corpo- ^so^c^o^^'^" ration shall give bond, with satisfactory sureties, to the attorney-general of this Commonwealth, in the penal sum of fifty thousand doUars, that they shall be completed in all respects to the satisfaction of the commissioners aforesaid, Condition. and kept in good repair for public travel, and that the draw or draws shall be properly raised for all necessary demands of navigation, until such time as the said structures may be accepted by the city of Boston, which city shall be held to all the duties, liabilities, and restrictions of the said corpo- ration. And the said bonds shall also be holden as security Use of bond, for the payment of all such damages to individuals as shall be estimated and determined in the manner provided in the fourth section of this act. Sect. 8. If the said avenue, bridge, and street shall not Void unless be completed within five years from the passage of this act, completed m ^ •^ X o ' I1V6 years. then the same shall be void. Sect. 9. The capital stock of said corporation shall not Capital stock exceed one hundred and fifty thousand doUars, and no ^°q ^"^^^ ^150,- shares shall be issued for a less sum, to be actually paid in ^^ shares less on each, than the par value of the shares which shall be than par value, first issued. [Approved by the Governor, April 24, 1852.] An Act to authorize John Nickerson and Eldridge Nickerson to construct Chap. 149 a Fish-Wear in Provincetown Harbor. Be it enacted by the Seriate and House of Representa- tives, in General Court assembled, and by the authority of the sajne, as follows : Sect. 1. John Nickerson and Eldridge Nickerson, ofwhereafish- Provincetown, in the county of Barnstable, are hereby au- ^o^^tructed.*'* thorized to construct a fish-wear on the flats on the side of Long Point, in Provincetown harbor, which flats join the 14 106 1852. Chap. 149—151. uplands of the said Nickersons, with leave to extend the same as far as the tide ebbs, for the purpose of taking fish. Penalty for Sect. 2. If any person shall take any fish from said taking fish. wear without the permission of said Nickersons, he shall forfeit and pay to them a sum not exceeding five dollars, if the quantity so taken be less than one hundred pounds, and five dollars for every hundred pounds so taken ; to be recovered in any court proper to try the same. Damages caus- Sect. 3. If any damage shall be done by said Nicker- ed by said wear gQjjg jj^ iiiQ construction of said wear to the property of any person, such person shall be entitled to damage, to be esti- mated in the same manner as damages occasioned by laying out of highways. [Approved by the Governor^ April 27, 1852.] Chnn 1 ^0 "^^ "^^^ ^° authorize the Fairhaven Branch Railroad Company to locate Jr' ^ and construct its road over the burial ground in the Village of Fairhaven. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Location. The Fairhaven Branch Railroad Company is hereby au- thorized and empowered to locate and construct its road over the burial ground in the village of Fairhaven; any- thing in the one hundred and thirty-first chapter of the Revised Statutes to the contrary notwithstanding. [Ap- proved by the Governor, April 27, 1852.] Chan. 151 An Act for the regulation and protection of the Alewive Fishery in the -» ' Towns of Cohasset and Scituate. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Selectmen of Sect. 1. The selectmen of the towns of Scituate and Scituate and Cohasset, and their successors, shall be a committee for the commHtee to Purpose of protecting, regulating, and improving the ale- protect the wive fishery in the stream running from Scituate pond into fishery. Cohasset harbor, on and near the boundary line between the towns of Scituate and Cohasset ; and shall have full Fish, how dis- powers for these purposes. They shall annually dispose of posed of. said fishery for the term of one year, and no longer, after May make im- Proper notice, at public sale. They may make improvc- provements. ments in and remove obstructions from said stream for the How paid for. P^^rposes aforesaid. The expense of such improvements and removals shall, with the exceptions of sluiceways in dams, as hereinafter provided, be borne equally by the towns of Scituate and Cohasset ; and said towns are hereby em- 1852. Chap. 151. lOJ powered to raise money for this purpose. The proceeds of Proceeds, how said fishery shall be equally divided between the two ^i^^^^^d. towns. Sect. 2. The acts of a majority of said committee shall Acts of the be valid, provided reasonable notice of all meetings shall be majority valid, given to every member of the same ; and provided, that at ' least one member from each town shall be present. Sect. 3. All persons, excepting those purchasing the right Penalty for from said committee as aforesaid, or employed by such pur- taking fish chasers, who shall take any of said fish from said stream, in any part of it, from Doane's mill — so called — upward, shall forfeit the sum of ten dollars for every offence, to the use of said purchasers, who may recover the same by an action at law. Sect. 4. The owner or occupier of every dam on said Owners of stream shall annually, between the first day of March and ^^™^ss^r °^fo'r the first day of June next following, for such term of time fish, on penai- and in such manner as said committee shall direct, open a *y °^ i^^^*^- sufficient passage for said fish through said dam ; and on failure to open such passage, or of continuing it open as aforesaid, shall forfeit and pay the sum of one hundred dol- lars ; and said committee may open such passage when committee neglected as aforesaid, at the expense of the owner or oc- ^ay open such cupier thereof : provided, that no more damage is thereby done said owner or occupier than is necessary to effect said purpose. Sect. 5. Any member of said committee may be a wit- ness in any legal proceeding touching said fishery. Sect. 6. The said committee shall regulate the times. Committee places, and manner of taking said fish: provided, that no t^e fishery. ^ * fish shall be taken on more than four days of any one week, Proviso. and the said purchasers shall conform to such regulations on penalty of not less than twenty nor more than one hun- dred dollars for each offence. Sect. 7. The said committee shall receive out of the pay of corn- proceeds of said fishery, one dollar and twenty-five cents mittee. each, for every day's actual service in performing the duties herein required of them. Sect. 8. All fines and forfeitures named in this act, and Fines and for- not otherwise appropriated, shall be equally divided be- d"d"betw^een tween the towns of Scituate and Cohasset, and they may the two towns. join in a suit for the same. Sect. 9. This act shall take effect from and after its Takes effect. passage. [Approved by the Governor, April 27, 1852.] 108 1852. Chap. 152—155. Chap. 152 -^" ^^^ to authorize the Transfer of Ministerial Funds by the West Parish, " in Haverhill. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : May transfer Sect. 1. The West Parish, in Haverhill, is hereby au- funds. thorized to transfer to any religious society which may be formed by any of its members, the whole or any part of the funds and real estate of said parish. Funds, how Sect. 2. The said funds and estate, when so transferred, invested. may be invested in such manner as the said religious so- ciety shall direct, and shall constitute a permanent fund, Income, how whereof the income alone shall be applied to the support of applied. -^j^e ministry in said society. Takes effect. Sect. 3. This act shall take effect from and after its passage. [Approved by the Governor, April 27, 1852.] Chan 153 •^^ ^^^ *° change the Name of the Agawam Mutual Fire Insurance ^' Company. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Shall be called The Agawam Mutual Fire Insurance Company shall Mutuai^Fixe hereafter be called and known by the name of the Hancock Insurance Co. Mutual Fire Insurance Company. [Approved by the Gov- ernor, April 27, 1852.] Chat) 154 -^^ ^^^ concerning the Admission of Aliens as Attorneys at Law. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : After primary Aliens, who have made their primary declaration of in- deciaration ad- tention to becomc citizeus of the United States, may be admitted to practice as attorneys at law in the courts of this Commonwealth, upon the same terms and conditions as citizens are now by law admitted. [Ajjproved by the Governor, April 27, 1852.] Chan 1^'^ "^^ ^^^ ^° incorporate the Grey Lock Railroad Company. Be it enacted by the Senate and House of Representa- tives, ifi General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. William T. Filley, Seymour Wilcox, Mark Hopkins, John M. Cole, W. H. Tyler, their associates and 1852. Chap. 155. 109 successors, are hereby made a- corporation by the name of the Grey Lock Railroad Company, with all the powers and privileges, and subject to all the duties, liabilities, and re- Duties, liabili- strictions, set forth in the forty-fourth chapter of the Revised *^^^' *'^' Statutes, and in that part of the thirty-ninth chapter of the said statutes relating to railroad corporations, and in all statutes that have been or may hereafter be passed relating to railroad corporations. Sect. 2. The said company may locate, construct, and Location of maintain a railroad, with one or more tracks, from the de- '^°*^' pot of the Pittsfield and Stockbridge Railroad, in Pittsfield, crossing the Western Raiboad at or near the depot of the said Western Railroad, in said Pittsfield, by the most con- venient route northerly through the towns of Pittsfield, Lanesborough, and New Ashford, to the north line of the town of Williamstown, crossing the track of the Troy and Cfreenfield Railroad in said Williamstown. Sect. 3. The capital stock of the said company shall Capital stoci consist of five thousand shares of one hundred dollars each, '"^^qq each^* ^^ and no assessment shall be laid thereon of a greater amount in the whole than one hundred dollars on each share ; and the said company may invest and hold such part of its How invested capital stock in real and personal estate, as may be neces- '^^'^ ^^^^■ sary and convenient for the purposes of their incorporation. Sect. 4. The said railroad company may enter upon May enter on and unite their railroad, by proper turnouts and switches, ^™y ^"J, with the Troy and Greenfield Railroad, at some convenient road, point in the town of Williamstown, and use the same un- der the provisions and restrictions of the laws relating to railroads. Sect. 5. K the location of the said railroad be not filed Located within according to law within two years, or if the said railroad t^o years, con- shall not be constructed within five years, with at least one in fi^e. track, then this act shall be void. Sect. 6. The Legislature may from time to time reduce Legislature the rate of tolls, or other profits, upon the said railroad ; but ^^y reduce the tolls shall not, without the consent of said company, be ' so reduced as to produce, with the said profits, less than ten per cent, per annum. Sect. 7. The Legislature may authorize any company May authorize to enter, with another railroad, upon and use the said Grey pany^ to^'enter Lock Railroad, or any part thereof, paying therefor such a said road, rate of toll, or compensation, as the Legislature may from time to time prescribe, or as may be fixed by any general law of this Commonwealth, and complying with such rules and regulations as may be estabUshed by the said Grey Lock Railroad Company. no 1852. Chap. 155—157. Certificate to Sect. 8. The said corporation shall not commence the secretarTTof Construction of their road until a certificate shall have been state. filed in the office of the secretary of the Commonwealth, subscribed and sworn to by the president and a majority of the directors thereof, stating that all the stock named in their charter has been subscribed for by responsible parties, and that twenty per cent, of the par value of each and every share of the stock thereof has been actually paid into the treasury of the company. Takes effect. Sect. 9. This act shall take effect from and after its passage. [Ajjproved by the Governor, April 27, 1852.] Chan. 156 ^" ^'^^ ^^ authorize the Inhabitants of Nantucket to subscribe for and ^ hold Stock in the Cape Cod Branch Railroad. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : The town of Sect. 1. The inhabitants of the town of Nantucket, in Nantucket ^ ^|^g county of Nantucket, in their corporate capacity, are for, hold, sell, authorized and empowered to subscribe for, pay for, take ^""0 ooo°^sU)ck ^"^ hold stock of the Cape Cod Branch Railroad Company, of c'apeCodB. to an amouiit not exceeding fifty thousand dollars, and the Railroad Co., g^^^^ stock at their pleasure to sell and transfer : provided, provided, S^c. i-ici i' • -\ that not less than two thirds oi the voters oi said town, as- sembled at a meeting called for that purpose, upon notice duly given seven days at least before said meeting, and within sixty days after the passage of this act, shall vote by ballot to subscribe for said stock. Takes effect. Sect. 2. This act shall take effect from and after its passage. [Approved by the Governor, April 28, 1852.] Chap. 157 -^^ ^^^ ^'^ incorporate West's Beach Corporation. Be it enacted by the Senate arid House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. Peter Pride, West D. Eldredge, William Perry, Issachar T. Eldredge, EHsha Pride, and all others, resident inhabitants of that portion of the West Farms School Dis- trict, in the town of Beverly, which lies easterly of a line commencing at the mouth of the creek at the salt pond, so called, at low-water-mark, and running from thence north- westerly to the south-west corner of the estate of William Perry, thence northerly to the north-west corner bounds of the East Farms School District, together with all the resi- dent inhabitants of the East Farms School District, in said town, and their successors, are hereby made a corporation 1852. Chap. 157. Ill by the name of West's Beach Corporation, with all the powers and privileges, and subject to all the duties, liabili- Powers, privi- ties, and restrictions, set forth in the forty-fourth chapter of ^^®®^' *''• the Revised Statutes. Sect. 2. The said corporation are hereby authorized to Authorized take and hold all that portion of the sea-shore, beach, and h°oW apportion flats at Beverly farms in said town of Beverly, which is in- of beach and eluded within the following limits, to wit : commencing on ^^*®' ^''^" the highway, at the west corner of land of the heirs of Boundaries James Woodberry, and running by an old wall south forty- described, four degrees east, twenty-one rods and seventeen and one half links to a point near the west corner of land of Henry Lee, Junior ; thence south four degrees east, six rods and thirteen links to a large and permanent rock in the ledge ; thence south forty-one degrees west, or by low-water-mark, over a large high rock in a ledge called the Cove rocks, forty-five rods to the western edge of said ledge ; thence north forty-four degrees west, across flats twenty-two rods to the western ledge of a ledge lying west of said Cove rocks ; thence north fifty degrees and thirty minutes west, across flats and beach twenty-one rods to the south-west corner of Jonathan Preston's land ; thence by said Preston's land north sixty-six degrees east, eighteen rods ; thence by said Preston's land north twenty-two degrees east, four rods and sixteen links ; thence by said Preston's land north ten degrees west to the highway on West street ; thence by said highway thirty rods to the bounds first mentioned, being a portion of the land, beach, and flats originally granted by the town of Salem to one John West, in the year one thou- sand six hundred and sixty-six, which portion has been occu- pied and improved ever since by him and his heirs, and by these proprietors and their predecessors claiming^under and through him and them. Sect. 8. The members of said corporation may use and Purpose, occupy said described portion of sea-shore, beach, and flats, for the purposes of gathering drift-stuft" and sea-weed, and of boating and bathing, as said premises have heretofore been used and occupied by them and their predecessors. Sect. 4. Said corporation are hereby required to keep shall keep in ffood repair for public travel, the causeway across the causeway m 1 A u J- • ■ -J V 1 ^ ^i ^ 1 -A good repair, creek and marsh adjoming said beach, to the westerly side &c. of the way leading to the estate of Henry Lee, Junior ; and for the protection of the residue of the highway along said beach, shall also, so far as is consistent with convenient access to the beach, build and maintain a good stone wall extending from the westerly end of said causeway to land of Jonathan Preston. 112 1852. Chap. 157. Liability of members to assessment. Penalty for neglecting to pay assess- ments. Regulations for removing sand or graTel. Penalty for il- legally remov- ing sand or gravel. Right in the beach not transferable. No member shall sell sea- weed. None be gath- ered on Lord's day. Limits of this grant. Clerk keep list of members, &c. Sect. 5. All the legal voters included as members of said corporation shall be liable to an uniform assessment of one dollar and tu^enty-five cents each, payable in labor, for the erection of said wall ; and such further expenditure, if any, as may be necessary to complete said wall, and to keep the same and the causeway aforesaid in good repair, shall be assessed, payable in labor, upon the members of said corporation, by the directors thereof, in proportion to the benefits they may respectively receive from said beach. And if any member shall neglect or refuse to contribute his proportion of labor assessed as aforesaid, or to pay the value thereof in money on demand, he shall be debarred from all privileges granted by this act mitU he shall have paid to the treasurer of said corporation, in money, the amount of aU such unpaid assessments due from him, with interest, and aU costs and expenses consequent upon his delinquency. Sect. 6. No member of this corporation shall remove any sand or gravel from said beach without replacing, within t^venty-four hours after such removal, an equal quantity of stone or gravel ; and if any member shall neglect to do so, it shall be the duty of the directors of said corporation forth- with to repair such deficiency ; and such delinquent member shall be debarred from all privileges granted by this act, until he shall have paid to the treasurer double the amount which may have been expended to replace such sand or gravel so removed. Sect. 7. No person, not a member of this corporation, shall at any time obtain or remove any sand or gravel, drift- stuff", or sea-weed from said beach, mider a penalty of twenty doUars for each offence. Sect. 8. No member of this corporation shall transfer his corporate right in said beach ; but said beach shall be and forever remain for the use of the present and future residents within the limits designated in the first section of this act. Nor shall any member sell any sea-weed from said beach ; and no sea-weed or other material shall be gathered upon or removed from said beach on the Lord's day, under a penalty of ten dollars for each offence. Sect. 9. Nothing contained in this act shall be so con- strued as to grant any rights or privileges in any land, beach, or flats outside of the limits designated in the second section of this act, or to impair the legal rights of any person. Sect. 10. It shall be the duty of the clerk of said cor- poration to keep an accurate fist of the members thereof, and exhibit the same to the selectmen of the town of Bev- erly whenever required so to do. [Approved by the Gov- ernor^ April 28, 1852.] 1852. Chap. 158. 113 An Act conceniing the Norfolk County Railroad Company. Chat). 158 Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as folloics : Sect. 1. The Norfolk County Railroad Company and May unite with the Woonsocket Union Raihoad Company, a corporation sq\^X*^°'^" established by the laws of Rhode Island, or any railroad railroad com- company which now is or which may be by the present Le- t^^'^J^^iJ" gislature authorized to unite its raihoad track with the track tions. of said Norfolk County Raih-oad Company, are hereby au- thorized by a vote of four fifths in number and value of the stockholders of each of said corporations, at meetings called for the purpose, to unite themselves in one corpora- tion : provided, that four fifths in number and value of the When four bondholders, in each of the said corporations, shall in writ- blr^^nd^vXe'' ing, assent to such union ; and when such votes shall have of bondhoid- been passed by said corporations they shall thereupon be- vot'esrof^each come one corporation, and all the franchises, property, pow- corporation ers, and privileges now enjoyed by, and all the resti'ictions, assent) They"^ liabilities, and obligations imposed upon, said two corpora- shall be one, as tions by virtue of their respective charters, shall appertain or^^Hchai- to said united corporation in the saiue manner as if the ter. same had been contained in or acquired under an original charter, and the said Norfolk County Railroad Company x. c. R. not shall not by any such union with any other company be [f^^biiities^'"™ thereby released from any liability or obligation under which they now are, whether bondholders or any other person or persons. Such corporations so formed by such union shall >>me may be be called by such naiue as the stockholders of the said cor- of the corpora- porations so uniting shall fix upon. tions. Sect. 2. K the Norfolk Coitnty Raihoad Company if x.c.R.cor- shall, under the provisions of this bill, unite with the P?[.f ^°JJ.^^\^_^ Woonsocket Union Railroad Company or any other cor- state raikoad poration created by the laws of any other Commonwealth company. or State than this Commonwealth, then, and in that case, one or more of the directors or other officers of such cor- poration formed by such union, shall be an inhabitant or in- habitants of this Commonwealth, on whom process against such corporation may be legally served, and said company shall be held to answer in the jurisdiction where the service is made and the process is retm-nable. Sect. 3. The said company shall keep a separate ac- Separate ac- count of the expenditures in Massachusetts and Rhode Is- penditures to land or such other State as any portion of their road may be kept, lie in respectively, and a commissioner shall be appointed Commissioner by the governor of this Commonwealth, to hold his olHce ^^j. Ive yws! for the term of five years, and to be compensated by the 15 114 1852. Chap. 158—161. said company, who shall decide what portion of the expen- ditures of said company, and of its receipts and profits properly pertain to those parts of the road lying in Massa- Annual report chusetts, and the annual report required to be made by the to be approved directors to the Legislature of this Commonwealth shall be by commis- i i . i • j • • Bioner. approved by the said commissioners. Company and Sect. 4. The said company and the stockholders therein, stockholders so far as they are situate in Massachusetts, shall be subject setts tif^ectto ^o all the duties and liabilities of railroad corporations in its laws. Massachusetts, and to the general laws of this Common- wealth in relation to railroad corporations. [Approved by the Governor^ April 30, 1852.] Chat) 159 An Act concerning Police Justices. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : No compensa- No standing justice of any police court who is paid by a tion beside sal- ij^gjj salary, shall receive any compensation besides his regular salary as said justice, for making or issuing, in any capacity whatever, complaints, warrants, subpoena, or other criminal process which said justice is by law authorized to issue. [Approved by the Governor, April 30, 1852.] Chat). 160 "^^ •^^'' concerning the Georgetown and Andover Railroad Company. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Time for con- Sect. 1. The time fixed by the original act incorporat- Btruction ex- ing the Georgetown and Andover Railroad, for the location years. 9,nd construction of said railroad, is hereby extended two years from and after the time given for the location and construction of said railroad by the said original act of in- corporation. Takes effect. Sect. 2. This act shall take effect from and after its passage. [Approved by the Governor, April 30, 1852.] Chan 161 •^^ ^^^ *° incorporate the "Georgetown Women's Benevolent Society." Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. Sarah Braman, Harriet Boardman, Lucy H. Dole, their associates and successors, are hereby made a corporation by the name of the " Georgetown Women's 1852. Chap. 161—162. 115 Benevolent Society," for the purpose of aiding and promot- Purpose, ing benevolent enterprises, with all the powers and privi- Powers, &c. leges, and subject to all the duties, liabilities, and restric- tions, set forth in the forty-fourth chapter of the Revised Statutes. Sect. 2. Said corporation may hold real and personal Capital ^lo,- estate, for the purposes aforesaid, to an amount not exceed- ^'^^• ing ten thousand dollars. [Approved by the Governor,, April 30, 1852.] An Act to incorporate the Marlborough Branch Railroad Company. Chap. 162 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Mark Fay, Lambert Bigelow, Richard Far- Corporators, well, Hollis Loring, their associates and successors, are hereby made a corporation by the name of the Marlborough Branch Railroad Company, with all the powers and privi- Powers, du- leges, and subject to all the duties, liabilities, and restric- v^^^' ^'*'^''^'^\f®' tions, contained in the forty-fourth chapter of the Revised 44 and 39 R. s. Statutes, and in that part of the thirty-ninth chapter of said statutes relating to railroad corporations, and in all other general laws which have been or shall be passed relating to railroad corporations. Sect. 2. Said company is hereby authorized to locate, Location, construct, and maintain a railroad, with one or more tracks, commencing at some point in the Lancaster and Sterling Branch of the Fitchburg Railroad, in the village of Felton- ville, so called, in the town of Marlborough, and extending to the most convenient point near the east or west parish in the said town of Marlborough. Sect. 3. The capital stock of said company shall con- Capital stock sist of eight hundred shares ; and no assessment shall be . ^ ^"^®^' laid thereon of a greater amount, in the whole, than one o ties, &c. as jurors or constables, during the time of their employ- ment in said department. City council Sect. 5. The city council aforesaid are hereby author- may appropri- j^ed whenever, and as often as they shall deem it expedient, ate money as ' J • xi xi x indemnity for to appropriate any sum, or sums oi money, in the way that injuries, &c. may be judged by said council most advisable for the relief or indemnity of any officer or member of the fire depart- ment, who may sustain corporal injury, or contract sickness, in the discharge of his duty as an officer or member of said department. Takes effect. Sect. 6. This act shall take effect from and after its acceptance by the city council of said city. \Approved by the Governor^ May 5, 1852.] Chdt) 178 -^^ ^^^ ^^ extend the Agricultural Branch Railroad, and concerning the ■* * same. Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Where it may Sect. 1. The Agricultural Branch Railroad Company is be extended, hereby authorized to extend its railroad from a point at its present terminus in Northborough, and through the south- westerly part of Berlin, and the northerly part of Boylston, and through or near the southerly part of Lancaster, and through the town of Clinton to some convenient point on the Fitchburg and Worcester Railroad, in the town of Sterling. May unite Sect. 2. The Said company may also enter their said '"'■'th^'tchburg railroad upon and unite the same with the Fitchburg and R^iiroad.'^^* Worcester Railroad, by proper turnouts and switches, in Sterling, and may use said Fitchburg and Worcester Rail- road, under the provisions and restrictions of the laws relat- ing to railroads. 1852. Chap. 178. 127 Sect. 3. The said Agricultural Branch Railroad may How it may cross the tracks of the Worcester and Nashua Railroad in te?and^ashua Sterling or Clinton, at the same grade with said Worcester Railroad, and Nashua Railroad, or over the same, as said company may elect ; and if they shall elect to cross said railroad at grade, they shall at their own expense erect and provide for the proper working of a suitable signal. And if said com- pany shall elect to cross over the Worcester and Nashua Railroad, they shall do so by a suitable bridge, so con- structed as to give to said Worcester and Nashua Railroad a clear space of at least seventeen feet in height above the tops of the rails of said railroad, and at least eight feet in width each side of the centre line of the track of said railroad. Sect. 4. The said company in the extension of said Privileges, railroad through the limits aforenamed, shall be entitled to ^^"^gg*' ^'*' all the privileges and benefits, and be subject to all the du- ties and liabilities, set forth in the several acts relating to railroad corporations. Sect. 5. The said company is hereby authorized, for the May increase purpose of constructing the above extension, to increase its %Pp^i(,f!°'^'' capital stock by the sum of three hundred thousand dollars, ' which shall be divided into shares of one hundred dollars each, and no share shall be issued under this act for less No share «n- than one hundred dollars, to be actually paid on each share. '^^ p^"^ value. Sect. 6. The said company is hereby authorized to May divide in- divide their road into three sections, to wit. The first sec- ^? ^^^^^ ^^''- tion to embrace that part of the road from Framingham to Northborough ; the second section to extend from North- borough to Clinton ; the third section to extend from Clin- ton to the terminus of said road at the Fitchburg and Worcester Railroad in Sterling. The capital required to capital for first build the first section shall be one hundred and fifty thou- section ^150,- 000 sand dollars ; and two hundred thousand dollars shall be „ " , . ' . 1111 Second section the capital oi the second section ; and one hundred thou- 5200,000. sand dollars shall be the capital of the third section ; and Third section the said company may proceed to build either of said sec- * ' tions when the capital required therefor shall have been subscribed. Before either of said sections shall be com- menced, a certificate shall be filed in the office of the sec- Certificate, rctary of the Commonwealth, subscribed and sworn to by the president of said company and a majority of the di- rectors, stating that all the stock named for the section proposed to be built, has been subscribed by responsible parties, and that twenty per cent, of the par value of each Twenty per and every share of such portion of the stock has been actu- ^^^^ paiU^^'^ ally paid into the treasury of the company. Sect. 7. If the said company shall not file the location J'ledlJTone ^^ of the said extension within one year, or shall not complete year, exten- 128 1852. Chap. 178—179. sion completed the said extension within three years from the passage of v^[r° ^^^^^' °^ ^^^^ ^^^^ then so much thereof as relates to said extension shall be null and void. Inconsistent Sect. 8. All acts and parts of acts Inconsistent with this, acts repealed. ^^^ hereby repealed. [Approved by the Governor^ May 5, 1852.] Chcin. 179 -^^ ^^^ '° incorporate the Chelsea Gas-Light Company. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. N. W. Turner, Isaac Stebbens, and Erastus Rugg, their associates and successors, are hereby made a corporation by the name of the Chelsea Gas-Light Com- pany, for the purpose of manufacturing and selling gas in Powers, &c. the town of Chelsea, with aU the powers and privileges, and subject to all the duties, liabilities, and restrictions, set forth in the thirty-eighth and forty-fourth chapters of the Revised Statutes. With consent Sect. 2. Said Corporation, with the consent of the of selectmen selectmen of the town of Chelsea, shall have power and groundln authority to open the ground in any part of the streets, streets, &c. lanes, and highways in the said town, for the purpose of ' sinking and repairing such pipes and conductors as it may be necessary to sink for the purpose aforesaid ; and the said corporation, after openmg the ground in such streets, lanes, Shall put the or highways, shall be held to put the same again into repair, same in repair, under the penalty of being prosecuted for a nuisance : pro- Proviso, vided, that the said selectmen for the time being shall, at aU times, have the power to regulate, restrict, and control the acts and doings of the said corporation which may in any manner affect the health, safety, and convenience of the inhabitants of said town. No stock is- Sect. 3. No shares in the capital stock of the said cor- sued less than poration shall be issued for a less sum or amount, to be paid in on each, than the par value of the shares which shall be first issued. Takes effect. Sect. 4. This act shall take effect from and after its passage. [Approved by the Governor, May 5, 1852.] 1852. Chap. 180—181. 129 An Act to repeal a part of the Tenth Section of the Thirty-eighth Chapter Chat). 180 of the Revised Statutes. ■^' Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. So much of the tenth section of the thirty- eighth chapter of the Revised Statutes as requires that the shares of manufacturing corporations shall be numbered in " progressive order, beginning at number one," is hereby re- pealed. Sect. 2. All acts and parts of acts inconsistent with the provisions of this act, are hereby repealed. [Approved by the Governor, May 5, 1852.] An Act for the better establishment of the Police Court of the City of Chan. 181 Newburyport. Be it e7iacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The Police Court of the city of Newburyport Exclusive ju- shall, from and after the time this act takes effect, have ex- "sdiction. elusive jurisdiction of all crimes and oJfFences committed within the limits of said city, whereof justices of the peace may now, or hereafter, legally take cognizance. Sect. 2. The standing justice of said court shall, here- Annual salary after, receive from the city of Newburyport an annual salary, j'us\^ce to^be'^^ the amount of which shall, from time to time, be determined determined by by the city council, but said salary shall not be less than "otiess'than four hundred nor more than eight hundred doUars, and ^400, nor more shall be paid in quarterly payments ; which salary shall be *^^° ^^ * in full for his services both as clerk and justice, and for the occasional services of the special justices hereof, who shaU be paid by said standing justice, out of his salary, the same fees that justices of the peace receive in like cases. Sect. 3. The standing justice shall perform the duties standing jus- of clerk, and, as such, shall exhibit once a year to the board ^1^®]^*^^®^ ^^_ of accounts hereinafter established, a true and particular hibit annual account of the costs, fines, forfeitures, and of all other ^^°^^J Jj_ moneys received by him for blanks, copies, or otherwise, ceived. which account, if approved by said board, shall be delivered by the justice to the treasurer of Newbm-yport, to be by him safely filed and kept. The said justice shall give a Shall give bond, with a surety or sureties, to the acceptance of the °^ • city council, for the faithful performance of the duties of his office as clerk. 17 130 1852.- -Chap. 181. duty. S3 per day each. All fees and Board of ac- Sect. 4. The mayoi* of the city of Newburyport and con^UtuteT— ^^^ county treasurer of the county of Essex shall constitute power and ' a board of accounts, with the power and the duty to examine and allow, or disallow, all bills of costs, accounts, and charges which may appertain to the course of proceedings in said Police Court ; and a certificate of such examination and allowance shall be indorsed by the said board on the accounts exhibited, and shall be addressed to the public officer by or to whom such charges, fees, and expenses may be payable by law. The members of said board of accounts shall be entitled to receive from the treasury of the city of Newburyport, the sum of three dollars for each and every day which shall be devoted to the duties hereby assigned to them. Sect. 5. AU the fees received by said standing justice costs received jjj ^j^g course of his judicial proceedings, both civil and justice to be criminal, with all the costs in criminal prosecutions which paid quarterly }ja.ve been taxed, certified, and allowed, and the fines and to ircRsurcr oi Newburyport. forfeitures which enure to the benefit of the city of New- buryport, shall be collected by said justice in the mode pre- scribed by law for justices of the peace in like cases, and shall be by him, once a quarter, accounted for in detail, and paid over to the treasurer of the city of Newburyport, whose duty it shall be to pay, from the costs so received, the offi- cers, witnesses, and other persons whose fees have been taxed, certified, and allowed by said justice. Standing jus- Sect. 6. The said standing justice shall, annually, in tice to make the month of January, make a report to the city council of ^January?'* Newburyport, which report shall set forth every criminal complaint made in the Police Court, the name of the person accused, the description of the offence alleged, and the de- cision of the court in each case, with the full costs incident thereto. Jurisdiction of Sect. 7. The jurisdiction of the Police Court of the city Police Court, of Ncwburyport shall not be limited by reason of any inter- est on the part of the justices of said court in the payment of fines and costs into the treasury of the city of Newbury- port, or of the county of Essex. &c^*byTp^ecial Sect. 8. The costs taxed, allowed, and certified by the justices paid special justicc shall be paid to the standing justice, justice. '"^ Sect. 9. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor, May 5, 1852.] 1852. Chap. 182—183. 131 An Act confirming the election of Municipal Officers of Ward Eight in the Chav 182 City of Lynn. -* * Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and hy the authority of the same, as follows : The election of municipal officers at a meeting of the Election of inhabitants of ward eight, in the city of Lynn, held on the ?852^'^'^^' eighth day of March, in the year one thousand eight hundred ed. and fifty-two, shall be valid in law ; and all the officers elected at that meeting shall have and exercise, during the time for which they were respectively chosen, all the powers and shall perform all the duties prescribed by law to the offices unto which they were respectively chosen. [Ap- provedhy the Governor, May 5, 1852.] An Act to aHtliorize the Methodist Episcopal Church and Society in Men- Ghcin. 183 son to sell certain Real Estate. -' Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and hy the authority of the same, as follows : Sect. 1. The Methodist Episcopal Church and Society Authorized to in Monson is hereby authorized to sell at public or private gj^in^'^CT^etu- sale, at such time or times as it may judge best, a certain ity, andtrea- tract or parcel of land, lying in said Monson, and contain- putra^d deUv- ing about thirty acres, more or less, it being the same leased er deed, &c. to said society in perpetuity by Abel Jennings, late of said Monson, on the sixteenth day of March, in the year one thousand eight hundred and thirty-six ; and the treasurer of said society for the time being is authorized to execute and defiver a deed or deeds to convey the same in fee simple or otherwise. Sect. 2. The proceeds of the sale of said property shall Proceeds of be invested in such manner as the trustees of said society ygs^e^,°^ ^^' shall direct : provided, that the income, rents, and profits income, how only, arising from said proceeds and investment or invest- applied, ments shall accrue to, and be applied to the use, support, interest, and benefit of said church and society forever. Sect. 3. This act shall take effect from and after its Takes efifect. passage. [Approved by the Governor, May 5, 1852.] 132 1852. Chap. 184—186. Chop. 184 ^^ -^^t to confirm certain Acts done by John A. Judd, as Justice of the ■^' Peace. Be it enacted by the Senate and House of Representa- tives, in Gene?'al Court assembled, and by the authority of the same, as folloios : Official acts All acts done by John A. Judd, of Westhampton, in the ^49^^^d F b° ' county of Hampshire, as a Justice of the Peace within and '51,'made valid, for the county of Hampshire, between the sixteenth day of December, in the year one thousand eight hundred and forty-nine, and the sixteenth day of February, in the year one thousand eight hundred and fifty-one, shall be and they hereby are made valid and confirmed to the same extent as they would have been valid, had he been during that inter- val, duly qualified to discharge the duties of the said office. [Ajyproved by the Governor, May 5, 1852.] Chat) 185 -^^ ^^^ relating to_Notices of Proceedings before Judges of Probate and -' " Commissioners of Insolvency. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Act of 1851 re- Sect. 1. The act entitled " An Act relating to Notices of pealed. Proceedings before Judges of Probate and Commissioners of Insolvency," passed in the year one thousand eight hun- dred and fifty-one, is hereby repealed. No title to real Sect. 2. No title to real estate, depending upon any fnl^on any w- ^^^^'''s niadc by judgcs of probate or commissioners of in- ders of judge of solvency siuce the passage of said act, shall be affected by shaiTbe affect- reason of any failure or omission to comply with the re- ed, &c. quirements thereof. ^Approved by the Governor, May 5, 1852.] Chaj). 186 -^^ ^^^ "^ regard to Obstructing Engines or Carriages on Railroads. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : For obstruc- Sect 1. Every person who shall wilfully do, or cause to tion ten days be douc, anything in such manner as to obstruct any engine solitary con- .^ •' P m j x i j^u finement and or Carnage passing upon any raihoad, or to endanger the hard labor for safety of persous coiivcyed in or upon the same, or shall in Statue prfsor. aid or assist therein, shall be punished by solitary imprison- ment in the State prison not exceeding ten days, and by confinement afterwards in said prison, at hard labor, not exceeding twenty years. 1852. Chap. 186—188. 133 Sect. 2. Every person who shall wilfully do, or cause Act with in- to be done, anythins: with intent to obstruct any engine or ^enttoob- .*' ~ ., , .,,.•' " struct, impns- caiTiage passing upon any railroad, or with intent to en- onment five danger the safety of persons conveyed in or upon the same, prfj^n" f fi^^^ or who shall aid or assist therein, shall be punished by im- of ^500. prisonment in the State prison not more than five years, or by fine not exceeding five hundred dollars and imprison- ment in the county jail not more than one year. Sect. 3. All laws inconsistent with this act are hereby inconsistent repealed, except that liabilities incurred and proceedings acts repealed, pending shall not be afl'ected, and this act shall take effect from and after its passage. [Approved by the Governor, May 5, 1852.] An Act concerning the Support of Defendants committed to Prison under QJian, 187 the provisions of the forty-ninth chapter of the Revised Statutes. ^ ' Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The act entitled " An Act concerning prosecu- complainant tions for the maintenance of Bastard Children," passed in ^haii not be the year one thousand eight hundred and fifty-one, shall gfve security not be so construed as to require the complainant in any ^°^ supporting case to pay or give security for the support of the defend- prison, nor de- ant, when he is committed to prison by virtue of the provi- fendant be dis- -^ ch&rffpQ tor sions of the forty-ninth chapter of the Revised Statutes ; want of such nor shall such defendant be discharged from imprisonment P^y^^s^^^^^y- by reason of payment or security not being made or given for his support. Sect. 2. This act shall take effect from and after its Takes effect. passage. [Approved by the Governor, May 5, 1852.] An Act relatinor to the calling a Convention of Delegates of the People, nhnvi 1 gft for the purpose of Revising the Constitution. J^' Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The inhabitants of the several cities, towns, Meet on 2d ^ districts, and places within this Commonwealth, qualified J^^£^nexT.°' to vote for senators or representatives in the General Court, shall, on the second Monday of November next, at the meetings to be then held in the several cities and towns in the Commonwealth, for the choice of governor, lieutenant- governor, senators, and representatives in the General Court, an article for this purpose being inserted in the warrants calling said meetings, give in their votes by ballot on this 134 1852. Chap. 188. Governor make known by proclama- tion result of election. question : " Is it expedient that delegates should be chosen, to meet in convention, for the purpose of revising or altering the constitution of government of this Commonwealth?" And the vote upon said question shall be in open meeting, and the votes in the several cities and towns in the Com- monwealth shall be received, sorted, counted, declared, and transmitted to the secretary of the Commonwealth, in the same manner as the votes for governor, lieutenant-governor, and senators are now received, sorted, counted, declared, and transmitted, by the constitution and laws of the Com- monwealth ; and all returns not thus made shall be rejected in the counting. And the governor and council shall open and examine the returns, made as aforesaid, and count the votes given on the said question ; and the governor shall, by public proclamation, to be made on or before the first Wednesday in January next, make known the result, by declaring the number appearing in favor of choosing dele- gates for the purpose aforesaid, and the number of votes appearing against the same ; and if it shall appear that a majority of the votes, given in and returned as aforesaid, are in favor of choosing delegates as aforesaid, the same shall be deemed and taken to be the will of the people of the Commonwealth, that a convention should meet accord- ingly; and in case of such majority, the governor shall call upon the people to elect delegates to meet in convention, in the manner hereinafter provided. Sect. 2. If it shall be declared by the said proclamation that the majority of votes, as aforesaid, is in favor of choos- ing delegates, as above-mentioned, the inhabitants of the several cities and towns within the Commonwealth, now entitled any one year to send one or more representatives to the General Court, shall, on the first Monday of March, in the year one thousand eight hundred and fifty-three, assemble in their several meetings, to be duly notified by warrant from the selectmen of the several towns, and the mayor and aldermen of the several cities, and shall elect one or more delegates, not exceeding the number of repre- sentatives to which each town or city was entitled last year, it being the year in which the valuation of estates in the Commonwealth was settled, to meet delegates from other towns and cities in convention, for the purposes here- inafter expressed. And at such meetings of the inhabitants, every person entitled to vote for representatives in the Gen- t'i'ves^marvote eral Court, shall have a right to vote in the choice of dele- gates, and the same officers, in the several cities and towns in the Commonwealth, shall preside at such elections, as now preside in the choice of representatives to the General Court ; and the votes for said delegates shall be received, Persons en- titled to vote f ir delegates, &c. 1852. Chap. 188. 135 sorted, counted, declared, recorded, and copies thereof de- livered to the delegates chosen, in the same manner as is now provided for in the case of representatives to the Gen- eral Court. And all laws now in force, regulating the duty Laws reguiat- and conduct of town and city officers, sheriff's, masristrates, "]p ^^^y. °^ and electors, in the election of governor, lieutenant-governor, tion of Gover- senators, and representatives, shall, as far as applicable, ^°'' *'^- apply, and be in full force and operation, as to all meetings holden, and elections and returns made, under this act, or which by this act are required to be holden or made, and upon the like forfeitures and penalties. Sect. 3. The persons so elected delegates shall meet in Delegates convention in the State house, in Boston, on the first hlfusVfirst*^^*^ Wednesday in May, in the year one thousand eight hun- Wednesday in dred and fifty-three ; and they shall be the judges of the *^" returns and elections of their own members, and may ad- journ from time to time ; and one hundred of the persons elected shall constitute a quorum for the transaction of business ; and they shall proceed as soon as may be to or- ganize themselves in convention, by choosing a president and such other officers as they may deem expedient, and by establishing proper rules of proceeding ; and when or- ganized, they may take into consideration the propriety and expediency of revising the present constitution of govern- ment of this Commonwealth, or the propriety and expe- diency of making any, and if any, what alterations or amendments, in the present constitution of government of this Commonwealth. And such alterations or amendments. Alterations to when made and adopted by the said convention, shall be to peo^e. ^ submitted to the people for their ratification and adoption, in such manner as the said convention shall du-ect ; and if ratified by the people in the manner directed by the said convention, the constitution shall be deemed and taken to be altered or amended accordingly ; and if not so ratified, the present constitution shall be and remain the constitution of government of this Commonwealth. Sect. 4. The said convention shall establish the pay or Expense of compensation of its officers and members, and the expense session. of its session ; and his excellency the governor, by and with the advice and consent of the council, is authorized to draw his warrant on the treasury therefor. Sect. 5. The secretary of the Commonwealth is hereby Secretary of directed forthwith after the passage tliereof, to transmit inU copies"&c' printed copies of this act to the selectmen of each town, and the mayor and aldermen of each city, within the Com- monwealth ; and whenever the governor shall issue his proclamation, calling upon the people to elect delegates to meet in convention as aforesaid, the said secretary shall 136 1852. Chap. 188—189. also immediately thereafter transmit printed copies of said proclamation, attested by himself, to the selectmen of each town, and the mayor and aldermen of each city in the Commonwealth. [Approved by the Governor, May 7, 1852.] Chap. 189 An Act in addition to the several Acts for the relief of Insolvent Debtors, and the more equal Distribution of their Effects. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Any creditor Sect. 1. In case any creditor of an insolvent debtor prevented from shall be disabled by absence from the Commonwealth, ciaimmay do it sickness, or in any other manner from proving his claim, by agent or at- guch claim may be proved by any agent or attorney of such oi^^y- creditor, acting in his behalf, in such manner as shall be satisfactory to the commissioner. Oath of such Sect. 2. Instead of the oath required by the provisions agent or att'y. ^f ^^^ q^^^ entitled " An Act in addition to the several Acts for the relief of Insolvent Debtors and the more equal Dis- tribution of their Effects," passed in the year one thousand eight hundred and forty-eight, such agent or attorney shall make oath that, to the best of his knowledge and belief, the allegations in said section required to be sworn to are true. And the commissioner may require such fm-ther proof, and hear such further evidence in relation to the truth of said allegations as he shall deem expedient. Where any Sect. 3. Where any bill of exchange, promissory note, bill, note, or ^^ other instrument which has been used as proof of a debt other proof of . /. • i i i i i in debt has been against the estate of an insolvent debtor, has been or shall '^roba'te'^ office ^^ returned into the probate office in any county, the regis- register may ' tcr of probate may deliver such bill, note, or other instru- peison wh^^*° ment, to the person who proved such debt, on such person's proved such filing in the probate office a copy of such bill, note, or in- ^^^^- strument attested by the said register ; and it shall be the duty of said register before giving up any such paper to make a memorandum upon it, stating the name of the party against whose estate it has been proved, and the amount of any dividend which may have been declared on the same, and the time when it was declared : provided, further, that No proof of nothing herein contained shall make it necessary for any left'^i't^h com- creditor proving a claim against the estate of any insolvent, missioner. to leave the proofs of his claim with the commissioner. [Approved by the Governor, May 7, 1852.] 1852. Chap. 190—191. 13t An Act in addition to an Act to incorporate the Union Mutual Marine Chat) 190 Insurance Company. ^' Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : The act to incorporate the Union Mutual Marine Insur- ance Company, approved on the twenty-fourth day of April of the present year, shall take eflect from and after the pas- sage of this act. [Approved by the Governor, May 7, 1852.] An Act to regulate the use of Steam-Engines. Chat). 191 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as folloivs : SecT. 1. The mayor and aldermen of any city, and the Mayor and ai- selectmen of any town, or any person by them authorized, dermen of any may, after notice to the parties interested, examine any men oi^.nj'^ ' steam-engine in such city or town, and for that purpose t"^"^ ™*y» ^f- ter notice to may enter any house, shop, or building : and if, after such the parties, en- examination, it shall appear probable that the use of such }^^ ^"^^ buiid- r A^ • i 1 J ins to examine engine is unsaie, they may issue a temporary order to sus- a steam-en- pend the use thereof; and then, after giving the parties sine. interested, so far as they may be known, an opportunity to ^^^orfry sus- be heard if they shall adjudge such steam-engine unsafe or pension. defective, or unfit to be used, thev may pass a permanent If judged un- s^ie order oi order prohibiting the use thereof until it shall be rendered prohibition safe ; and if such steam-engine shall be used after the pas- "^^^ ^^ issued. sage of such temporary order until the final adjudication ^^ ^g^g^Jj^gl thereon, or after such final adjudication and order, until it common nui- shall be rendered safe, contrary to either of such orders, and ^^^°^- after notice thereof to the owner or person having charge thereof, such engine shall be deemed and taken to be a common nuisance without any other proof thereof than its use. Sect. 2. Said mayor and aldermen, and selectmen, shall Mayor and ai- have the same power and authority to abate and remove geie^tmen'^*^ any such steam-engine, erected or used contrary to the fore- shall have going provisions, as are given to the board of health in the power to abate tenth and eleventh sections of the twenty-first chapter of the Revised Statutes. [Approved by the Governor., May 7, 1852.] 18 138 1852.- -Chap. 192. Corporators. Duties, liabili- ties, &c. Location of road. Chap. 192 -^^ ^^^ to incorporate the Horn Pond Branch Railroad Company. Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and by ike authority of the same, as folloivs : Sect. 1. Jacob Pierce, Bowen Buckman, Adolphus Da- vis, their associates and successors, are hereby made a cor- poration by the name of the " Horn Pond Branch Railroad Company," with all the powers and privileges, and subject to all the duties, restrictions, and liabilities, contained in the fort>'-fourth chapter of the Revised Statutes, and in that part of the thirty-ninth chapter of said statutes relating to railroad corporations, and in all general laws which are now or may be hereafter in force respecting railroads in this Commonwealth. Sect. 2. The said corporation is hereby authorized and empowered to locate, construct, and maintain a railroad with one or more tracks, commencing at a point on the easterly side of Horn pond in the town of Woburn, in the county of IVIiddlesex, thence running in an easterly and southerly direction through land of Richardson and others to and intersecting the Woburn Branch Railroad at a point about midway between the Woburn station and the Winchester station. Or commencing at said pomt near Horn pond and running in a southerly direction on or near the banks of the Middlesex canal to and intersecting the Lowell Railroad at a point near the town line of Win- chester and Medford, in the town of Winchester, and to use the same or any part thereof according to the provision of law. Sect. 3. The said corporation is hereby authorized and empowered to alter the route of said railroad from said point of beginning around Horn pond or any part thereof, and to any point on the Woburn Branch Railroad or Lowell Railroad: provided, the consent of the owners of land, through which said route shall pass, be obtained. Sect. 4. The capital stock of said corporation shall consist of not more than four hundred shares, the number of which shall be determined from time to time by the directors of said corporation, and no assessment shall be levied thereon of a greater amount in the whole than one hundred dollars on each share ; and the said corporation may take, purchase, and hold such real estate, and may purchase and hold such engines, cars, and other things as may be necessary for the purposes of their incorporation. All shares in the capital stock of said corporation shall be issued for the same value or amount, to be actually paid in on each. Authorized to alter route. Provided, S^c. Stock not over 400 shares, not to be assessed over ^100. Power to hold real and other estate. No shares is- sued under par. 1852. Chap. 192—193. 139 Skct. 5. Said corporation is authorized and empowered Authorized to to sell and transfer the franchise and property of said cor- of Wob^rn^^^ poration to the Lowell Railroad, or Woburn Branch Rail- Railroad Com- road Corporation. P'^'^y- Sect. G. Said corporation is hereby authorized to enter Mayunitewith upon and unite their railroad by proper means with the ^anclTor Woburn Branch Railroad or Lowell Railroad as aforesaid, Lowell Raii- and also to use said Woburn Branch Raiboad and Lowell ^ ' Railroad, paying therefor such rate of toll as may be Terms, mutually agreed upon by the parties, or as the General Court may from time to time prescribe. Sect. 7. The General Court may authorize any com- General Court pany to enter with another railroad upon and use said Horn !nher^road"\o Pond Branch Railroad or any part thereof, by complying enter, with such reasonable rules and regulations as the said Horn Pond Branch Railroad Company may prescribe, or as may be determined by the provisions of law. Sect. 8. If the location of said railroad as provided for Location to be in the second section be not filed according to law within f^o'^y^ars^'^ two years, and if said railroad be not constructed within four constructed years from the passage of this act, this act shall be void. withm four. Sect. 9. This act shall take effect from and after its 'i'akes effect. passage. [Approved by the Governor^ May 1^ 1852.] An Act to incorporate the Boston Baptist Bethel Society. Chap. 193 Be it enacted hy the Senate and House of Represeiita- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Simeon H. Lewis, William Hunter, John L. Corporators. Andrews, and George W. Chipman, their associates and successors, are hereby made a corporation by the name of the Boston Baptist Bethel Society, with all the powers and privileges, and subject to all the duties and liabilities inci- dent to religious societies in this Commonwealth. Sect. 2. Said corporation may hold real and personal Capital, 550,- estate, or either, to an amount not exceeding fifty thousand ^'^^• dollars : provided, the income thereof shall be applied to parochial purposes, except so much of said income as may income, how be needed to pay the principal and interest of any sums of ^^P '^ " money which may be hired on mortgage of the real estate of said society, or otherwise. Sect. 3. This act shall take effect from and after its Takes effect. passage. [Approvcd.by the Governor, May 7, 1852.] 140 1852. Chap. 194—195. Chap. 194 An Act authorizing' Jedediah Wood to construct a Railway Track across a Highway in the Town of Marlborough. Be it enacted hy the Senate and House of Representa- tives^ in General Court assembled, and hy the authority of the same, as follows : Location of Sect. 1. Jedediah Wood, his successors and assigns, track. g^yg hereby authorized to lay a track across the county road, leading from Berlin to Boston, near the present terminus of the Fitchburg Railroad Company's Branch Railroad in the village of Feltonville, so called, in the town of Marlbo- rough, so that the said track may connect with the track of the said branch railroad. Said track across said county road is to be under the management and control of the said Fitchbm-g Railroad Company. To be laid un- Sect. 2. The track above named shall be laid under the of selectmen of direction, and to the satisfaction of the selectmen of the Marborough, towu of Marlborough and the Fitchburg Railroad Coni- Raiiroad Com^ V^^J^ ^^^^ shall be discontinued whenever the Fitchburg pany. Railroad Company shall so order. Said Wood, his sue- Maybe discon- cessors and assigns, are to keep said crossing in good repair Shall be kept within the limits of said county road ; and the Fitchburg in repair by Railroad Company are not to be liable for any accidents F-^^Kh°°'^ that may happen on said crossing. No steam-engine is to Railroad Com- be allowed to pass over said crossing. [Approved by the pany not lia- Govemor, May 7, 1852.1 ble, &c. 7 v/ J J ChaX) 1 95 ^^ ^^^ ^° authorize the Manufacture of Silk and other goods. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : The act relat- -^^y corporation that has been or may hereafter be organ- ing to Joint- ized either under a special act of incorporation or under the Dies' extended' ^ct entitled " All Act relating to Joint- Stock Companies," to the manu- being chapter one hundred and thirty-three of the laws of lin'en^flrxfor ' eighteen hundred and fifty-one, for the manufacture of India-rubber cotton or woollen goods, is hereby authorized to carry on the ^^° ^' manufacture of silk, linen, flax, or india-rubber goods : Proviso. provided, four fifths of the stockholders of such corporation shall by vote at a special meeting called for that purpose consent to the same. [Approved by the Governor, May 7, 1852.1 1852. Chap. 196—197. 141 An Act to establish an additional District for the administration of the CJiap. 196 Criminal Law. ^ ' Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. For the administration of the criminal law in Worcester this Commonwealth, the county of Worcester shall consti- county to be •/ oriG district tute a separate district, which shall be called the middle called middle district. district. Sect. 2. The county of Plymouth shall be added to the Plymouth district heretofore called the middle district ; and the name added^to^form- of said district shall be changed to the southeastern dis- er middle dis- . • X trict, to be ^^^'-'^' ^ _ called " south- Sect. 3. The governor, with the advice and consent of east district." the council, shall appoint some suitable person, who shall Governor and reside in said county of Worcester, to be district-attorney appohlt a'dis- for the district created by the first section of this act, who trict-attomey. shall perform the like duties therein as are now required by law to be performed by the other district-attorneys in their respective districts ; and whose term of office shall be the same as that of other district-attorneys. Sect. 4. The district-attorney so appointed, shall receive Salary ^800. an annual salary of eight hundi'ed dollars, to be paid to him out of the treasury of the Commonwealth in equal quarterly payments, in full for all services rendered by him. And the district-attorney for the district, the name of which is hereby changed to the southeastern disti'ict, shall hereafter receive a salary of eight hundred dollars, instead of that now provided by law. Sect. 5. This act shall take effect from and after the tenth xakes effect, day of May next. [Approved by the Governor, May 7, 1852.] An Act further to protect Trade-Marks. Chan 197 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : If any person shall use any peculiar names, letters, marks, supreme judi- devices, or figures, printed, cut, stamped, cast, or engraved ^gstrTin pe^^^ upon, or in any manner attached to or connected with any sons fraudu- article manufactured by him, to designate it as his manu- |^g*)^a"kTlnd facture, the supreme judicial court shall have jurisdiction devices of oth- in ecjuity to restrain by injunction any person who shall ^''^• fraudulently use the same, or any similar names, letters, marks, devices, or figures, for the purpose of falsely repre- senting any article to be manufactured by the person rightfully using such names, letters, marks, devices, or 142 1852. -Chap. 197—198. Persons injur- figures ; and the party whose rights have been infringed damae^er&c.^'^ ^^ay, in any action of tort, also recover any actual damages which he may have suffered in consequence of the use of his trade-marks by the defendant. [Approved by the Gov- ernor^ May 7, 1852.1 Chap. 198 Corporators. Duties, privil- eges, &c. May hold real estate j?200,- 000. Whole capital ^300,000. With consent of mayor and aldermen may open ground in streets, &c. Held to put the same in repair. Proviso. No stock is- sued under par. Takes effect. An Act to incorporate the Roxbury Gas-Light Company. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Samuel Guild, Alvah Kitredge, and John H. Blake, their associates and successors, are hereby made a corporation by the name of the Roxbury Gas-Light Com- pany, for the purpose of manufacturing and selling gas in the city of Roxbury; with all the powers and privileges, and subject to all the duties, liabilities, and restrictions, set forth in the thirty-eighth and forty-fourth chapters of the Revised Statutes. Sect. 2. Said corporation may, for the purpose afore- said, hold real estate not exceeding in value two hundred thousand dollars, and the whole capital stock shall not ex- ceed three hundred thousand dollars. Sect. 3. Said corporation, with the consent of the mayor and aldermen of the city of Roxbury, shall have power and authority to open the ground in any part of the streets, lanes, and highways in the said city, for the purpose of sinking and repairing such pipes and conductors as it may be necessary to sink for the purpose aforesaid ; and the corporation, after opening the ground in such streets, lanes, and highways, shall be held to put the same again into repair, under the penalty of being prosecuted for a nuisance. Provided, that the said mayor and aldermen for the time being shall at all times have the power to regulate, restrict, and control the acts and doings of the said corpo- ration, which may in any manner aifect the health, safety, or convenience of the inhabitants of said city. Sect. 4. No shares in the capital stock of said corpora- tion shall be issued for a less sum or amount, to be actually paid in on each, than the par value of the shares which shall be first issued. Sect. 5. This act shall take effect from and after its passage. [Approved by the Governor, May 7, 1852.] 1852. Chap. 199—202. 143 An Act in relation to District School-Houses. Chav. 199 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : The provisions of an act entitled " An Act concerning district school houses," passed in the year one thousand eight hundred and fifty, shall apply equally to the lands connected with said school houses and the apparatus and other property owned by the districts and used for school purposes. [Approved by the Governor, May 7, 1852.] An Act in addition to an act to establish the office of Assistant Clerk of Ch(in. 200 the Courts in the County of Worcester. •* * Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The assistant clerk of the courts in the county Salary ^1200 ; of Worcester, shall receive for his services as assistant clerk '^"^ P*^"^- of said courts, the sum of twelve hundred dollars a year, to be retained and paid to him by the clerk of said courts, from the residue of fees which he is now required to pay to the county treasurer. Sect. 2. So much of the act to which this is in addi- Act repealed. tion, as is inconsistent with this act, is hereby repealed. Sect. 3. This act shall take effect from and after its Takes eftect. passage. [Approved by the Governor, May 7, 1852.] An Act extending the time for locating the Providence and Bristol Chap. 201 Railway. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the sarne, as folloivs : The time for locating the Providence and Bristol Uailway, Time extended is hereby extended two years from the first day of May in fi7sVo7May!™ the year one thousand eight hundred and fifty-two. [Ap- proved by the Governor, May 7, 1852.] An Act concerning the Vermont and Massachusetts Railroad Company. Chap. 202 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The Vermont and Massachusetts Railroad be^widened ia Company is hereby authorized to widen its location on the Fitchburg m 1 1- 1 • 1 • 1 r TT 11 1 i J.1 1 X manner speci- public highway in the town of 1^ itchburg, between the depot fied. 144 1852. -Chap. 202—204. No duties, lia- bilities, &c., diminished hereby. grounds of the Vermont and Massachusetts Railroad Com- pany and of the Fitchburg Raikoad Company, so far as to include all the tracks as they are now laid down on said highway, between the present passenger and freight houses of said Fitchburg Railroad Company. Sect. 2. This act shall in no way diminish the duties, liabilities, and responsibilities of said Vermont and Mas- sachusetts Railroad Company, concerning raikoad crossings. [Approved by the Governor^ May 7, 1852.] An Act to incorporate the Asiatic Mutual Marine Insurance Company. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Benjamin L. Allen, Gardiner G. Hubbard, and Sanford M. Hunt, their associates and successors, are hereby made a corporation by the name of the Asiatic Mutual Marine Insurance Company, in Boston, for the term of twenty years, for the purpose of making maritime loans and insur- ance against maritime losses, on the principle of mutual insurance, with all the powers and privileges, and subject to ties, liabilities, ^\\ ^]^g dutics, liabilities, and restrictions, set forth in an act of 1842, &c. entitled " An Act concerning Insurance Companies," passed in the year one thousand eight hundred and forty-two, and in all subsequent acts relating to mutual marine insurance companies. [Approved by the Governor, May 7, 1852.] Chap. 203 Corporators. Term, twenty years. Powers, du- Chap. 204 Rights, inter - An Act in relation to the Allegash Dam Company. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : The same rights and interests are hereby granted to the ests, &c.,same Allcgash Dam Company as are granted to the said company iSoT. ^^ by an act entitled " An Act to incorporate the Allegash Dam Company," passed by the Legislatm'e of Maine in the year one thousand eight hundred and fifty-one, in and to the block of land near the Allegash Falls in the State of Maine, and on which the same are situated, which was reserved from sale by this Commonwealth, and said State, for the purpose of improving the navigation of said falls, for running timber and logs over the same : provided, said company shall have no right to raise the price of tolls over their dam, above the rate named in said act of incorpora- tion. [Approved by the Governor, May 1, 1852.] Company no right to raise toUs, &c. 1852. Chap. 205—207. 145 An Act to authorize the New London, Willimantic, and Palmer Railroad Chcil). 205 Company to subscribe to the Capital Stock of the Amherst and Bel- -^ * chertown Railroad Company. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, arid by the authority of the same, as follows : The New London, Willimantic, and Palmer Railroad May subscribe Corporation are hereby authorized to subscribe to the ^i^'^'^oo. capital stock of the Amherst and Belchertown Railroad Company, to an amount not exceeding one hundred thou- sand dollars: provided, this act shall not take effect until "When act ac- the same shall have been accepted by a vote of three fourths fourths^ of^'he of the stockholders of said New London, Willimantic, and stockholders Palmer Railroad Corporation ; and of said Amherst and ^^^^^^^ compa- Belchcrtown Railroad Corporation, voting at a meeting of each corporation called for that purpose. [Approved by the Governor, May 11, 1852.] An Act relating to Widening and Straightening Little River Bridge in the Chap. 206 Town of Haverhill. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The county commissioners of Essex county County com- are hereby empowered, if in their opinion the public con- missioners venience and necessity require the same, to widen and straighten,' straighten the bridge across Little River in the town of ^'*^» ^^ ^P®''^' Haverhill, in said county, connecting Washington street and Merrimack street. Sect. 2. This act shaH take effect from and after its Takes effect, passage. [Approved by the Governor, May 13, 1852.] An Act authorizing the organization of a corporation by the name of tlie ChciV- 207 Holyoke Company. ■'■ Be it enacted by the Senate ajid House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. George W. Lyman, James K. Mills, Samuel Corporators. A. Elliot, William Sturgis, Ignatius Sargent, and Charles H. INIills, and their associates, are hereby authorized to organize a corporation by the name of the Holyoke Com- pany, for the purpose of manufacturing cotton, woolen, cot^on?wo"o^ and linen fabrics, in the town of Holyoke in the county of en, and linen Hampden, according to the provisions of the one hundred lasdTha^pte", and thirty-third chapter of the acts of the year one thou- I85i. 19 146 1852. -Chap. 207—208. sand eight hundred and fifty-one, entitled " An Act re- lating to Joint- Stock Companies," with a capital stock of Capital stock not less than two hundred thousand dollars nor more than to°^i,ooolooo!^ one million dollars, anything in said act to the conti-ary notwithstanding. Takes effect. Sect. 2. This act shall take effect from and after its passage. [Approved by the Governor^ May 13, 1852.] Chap. 208 Corporators. Rights, privi- leges, liabili- ties, &c. May hold real and personal estate. Capital stock j?100,000. No shares less than par value. With consent may sink and repair pipes and conduc- tors in any street, &c., as specified. Selectmen may regulate, &c., as to health, safety, conve- nience. Takes effect. An Act to incorporate the " Fitchburg Gas Company." Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Ivers Phillips, Oliver A. Farwell, and George Odiorne, their associates and successors, are hereby made a corporation by the name of the Fitchburg Gas Company, for the purpose of erecting gas works and manufacturing gas in the town of Fitchburg, in the county of Worcester, and supplying said town and the citizens thereof with the same, with all the rights and privileges, and subject to all the duties, liabilities, and restrictions, set forth in the thirty-eighth and forty-fourth chapters of the Eevised Stat- utes. Sect. 2. Said corporation may take and hold such real and personal estate as may be necessary for the purposes aforesaid ; but the capital stock of said company shall not exceed one hundred thousand dollars ; and no shares in the capital stock shall be issued for a less sum or amount, to be paid in on each, than the par value of the shares first issued. Sect. 3. The said corporation, with the consent of the selectmen of the said town, shall have power and authority to open the ground in any part of the streets, lanes, and high- ways of the said town, for the purpose of sinking and re- pairing such pipes and conductors, as it may be necessary to sink for the purpose aforesaid ; and the said corporation, after opening the ground in such streets, lanes, and high- ways, shall be held to put the same again in repair under the penalty of being prosecuted for a nuisance : provided, that the said selectmen for the time being shall at all times have the power to regulate, restrict, and control the acts and doings of the said corporation which may in any man- ner affect the health, safety, or convenience of the inhabi- tants of said town. Sect. 4. This act shall take effect from and after its passage. [Approved by the Governor, May 13, 1852.] 1852. Chap. 209. 147 An Act concerning Returns of Elections. Chan 209 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. It shall be the duty of the mayor and aldermen Mayor, aider- and the clerk of each city in the Commonwealth, to exam- ^^"1 examine'' ine, as soon as may be after any election, the returns made returns soon, by the returning officers of each ward in such city, of the require new^e- results of the election in said ward ; and if any manifest turns under error shall appear therein, in the form of the return, the °^ * mayor and aldermen shall forthwith give notice to said ward officers of the error or deficiency in the form of said return ; and it shall be the duty of said ward officers forth- with to make a new and additional return, under oath, in conformity to the truth in the case, which additional re- turn, whether made upon such notice, or by the officers of other reguia- any ward without such notice, shall be received by the {o°"eturis!'°^ mayor and aldermen or clerk of said city, at any time before the expiration of the day next preceding the day on which, by law, they are required to make their returns, or to de- clare the results of said election in said city ; and all the original and additional returns, so made, shall be examined by the mayor and aldermen, and shall be made part of their returns of the results of such election. And in counting the votes in any election, no returns shall be rejected where the whole number of votes given for any ollicer or repre- sentative voted for, and the whole number of votes given for each candidate voted for, can be ascertained from such returns. Sect. 2. When returns of elections from any town are When return received at the office of the secretary of the Common- se^retary^Com- wealth, not sealed up as by law required, the secretary monwealth shall forthwith give notice thereof to the returning officers l^^^ to^rem'rn'- of said town ; and upon the receipt of said notice, said re- ing officers, turning officers shall make a copy of their record of the votes ^^^^ ^^^ cast at said election, and shall make oath to the correctness transmit a of said copy ; and shall transmit the same to the said secre- sealed up.^ ' tary, sealed up as is required by law in the case of the original returns. And if, upon the opening of said copy of the re- cord, by the governor and council, by the Legislature, or by any person or persons duly authorized to open the returns and count the votes, the original return shall be found in substantial conformity with the copy of the record returned as aforesaid, then said original return shall not be rejected because of the informality before-mentioned : provided, that said copy of the record shall have been received by the said secretary before the expiration of the day next preceding 148 1852. Chap. 209—210. that on which, by law, the returns of said elections are to be opened and the votes counted. [Approved by the Governor^ May 13, 1852.] Chan. 210 -^^ ^^^ ^°'' supplying the Town of Pittsfield with Pure Water. Be it enacted by the Senate and House of Representa- tives^ in Ge7ieral Court assembled, and by the authority of the same, as follows : Pittsfield fire Sect. 1. The Pittsfield fire district is hereby authorized, district au- \yy ^Lwdi through tlic ageucy of three commissioners, to be threcT^comrnis- appointed in the manner hereinafter provided, to take, hold, sionerstotake, ^nd couvey to, into, and through the village of Pittsfield, convey, c. ^^^ water of Lanckton or Ashley pond, so called, in the town Lanckton or of Washington, and the waters which may flow into and and waters^ from the Same, and any water-rights connected therewith ; connected, and and Said district may also take and hold, by purchase or may take and Ji • i j. x r ^ ■ t • hold real estate Otherwise, any real estate necessary for laying and mam- as specified, taiiiing aqueducts for conducting, discharging, disposing of, and distributing water, and for forming reservoirs ; and may also take and hold any land on and around the margin of said Lanckton pond, and also on and around any stream flowing from said pond, so far as may be necessary for the preservation and purity of the same, for the purpose of fur- nishing a supply of water for the town and village of Pitts- field, and for public purposes. May make one Sect. 2. The said fire district may, by and through the d^ '^°'^&'*'^^^ same agency, make and build one or more permanent aque- and maintain ducts from the pond aforcsaid to, into, and through the said same, with va- viUas^e, and have and maintain the same by any works nous other • i i i c • , • -\ , acts and pur- Suitable thcretor ; may erect and maintain dams to raise poses specified, ^^j^^ retain the waters therein ; may make and maintain reservoirs ivithin and without the said village ; may make and estabhsh public fountains, and such public hydrants, in such places as may from time to time be deemed proper, and prescribe the purposes for which they may be used, and may change or discontinue the same, may distribute the water throughout the village, may regulate the use of said water, and establish the prices or rents to be paid therefor. And the said fire district may, for the purposes aforesaid, carry and conduct any aqueducts or other works, by them to be made and constructed, over or under any water-course, street, turnpike-road, railroad, highway, or other way, in such manner as not to obstruct or impede travel thereon, and may enter upon and dig up any such road, street, or way, for the purpose of laying down pipes beneath the sur- face thereof, and for maintaining and repairing the same ; 1852. Chap. 210. 149 and may do any other things necessary and proper in exe- cuting the purposes of this act. Sect. 3. Three commissioners shall be chosen by the Commission- said fire district by ballot, who shall, during their continu- ers chosen by ance in olhce, execute, superintend, and direct the perform- ance and execution of all the works, matters, and things mentioned in the preceding sections that are not specially otherwise provided for in this act ; they shall be subject to Subject to such ordinances, rules, and regulations, in the execution of l""].^® ^"^V?^"' ,. -1 ,.,1?. "^ . . lations of dis- their said ti'ust, as the said district may from time to time trict. ordain and establish, not inconsistent with the provisions of this act and the laws of this Commonwealth ; they shall ^oid office respectively hold their said offices for the term of three uniessr&c!' years, next after theii* appointment, unless the works afore- said shall be sooner completed ; but they, or either of them, May bercmov- after having had an opportunity to be heard in his or their thinfs!^^^ defence, may be removed at any time by vote of two thirds of the voters present at any legal meeting of the dis- trict ; and in case of a vacancy in the board by death. Vacancy may resignation, or removal, such vacancy may be filled by the ^® ^^^^'^' appointment of another commissioner in manner aforesaid, wiio shall hold his office for the residue of the three years, with all the powers and subject to the restrictions aforesaid. A major part of said commissioners shall be a quorum to do business ; they shall once a year, and whenever required Shall make re- by a vote of the said district, make and present in writing doings. a full and particular statement of all their acts and doings, and of the condition and progress of the works aforesaid. Sect. 4. Before the appointment of the Commissioners May establish aforesaid, the said district shall establish the salaries or ^^^^^i*^^' "^■'^• compensation to be paid to the commissioners for their services, and the said salaries or rate of compensation so established, shall not be altered during their continuance in said office. Sect. 5. Whenever the office of said commissioner^ When office of shall cease, — either by the expiration of said term of three ghXcease^the years, or by the completion of the works as mentioned in district shall the foregoing sections of this act, — all the rights, powers, rights^powTrl, and authority given to the said fire district by this act, shall &c. then and thenceforth be exercised by the said fire district, subject to the duties, liabilities, and restrictions herein con- tained, in such manner and by such officers and agents as the said district shall from time to time ordain and direct. Sect. G. The said district shall be liable to pay all District liabTe damages that shall be sustained by any persons in their a^^es'io'!- land^' property, by the taking of any land, water, or water-rights, water, .'i;c. or by the constructing of any aqueducts, reservoirs or other works for the purposes specified in this act. And if any 150 1852. -Chap. 210. County com- missioners may assess damages in case of disa- greement. Aggrieved party may have a jury, &c. Town of Pitts- field may issue 'notes, scrip, &c., to amount of 5-50,000, in- terest semi-an- nually. To be signed by town trea- surer and chairman se- lectmen, and recorded. Town of Pitts- field may as- sess sufficient to pay princi- pal and inter- est of scrip, &c. Penalty for diverting or corrupting the water. person who shall sustain damage as aforesaid cannot agree with said commissioners upon the amount of said damages, he may have them assessed by the county commissioners for the county of Berkshire, by making a written application therefor within two years after the said water or water- rights shall have been taken under this act, and if either party be aggrieved by the doings of said commissioners in the estimation of said damages, he or they may have said damages settled by a jury, and the said commissioners and jury shall have the same powers, and the proceedings in all respects shall be conducted in the same manner, as is pro- vided in chapter t^venty-four of the Revised Statutes with respect to highways. Sect. 7. For the purpose of paying all costs and ex- penses of such estates, waters, and water-rights as shall be taken, purchased, or held, for the purposes of this act, and for the construction of all works necessary for the accom- plishment of the purposes aforesaid, and all expenses inci- dent thereto, the town of Pittsfield shall have authority to issue from time to time, notes, scrip, or certificates of debt, to be denominated on the face thereof " Pittsfield Water- Scrip," to an amount not exceeding in the whole the sum of fifty thousand dollars, bearing interest at a rate not ex- ceeding the legal rate of interest of this Commonwealth ; and said interest shall be payable semi-annually, and the principal shall be payable at periods not more than thirty years from the issuing of said notes, scrip, or certificates respectively. All notes, scrip, and certificates of debt to be issued as aforesaid shall be signed by the treasurer of the town, and countersigned by the chairman of the selectmen of the town, and a record of all such notes, scrip, and cer- tificates shall be made and kept by the said treasurer ; and the said fire district may sell the same or any part thereof, from time to time, at public or private sale, or pledge the same for money borrowed for the purposes aforesaid, on such terms and conditions as the said fire district shall judge proper. Sect. 8. The town of Pittsfield is hereby fully author- ized to assess and collect upon the polls and estate, real and personal, in said fire district, all taxes necessary to pay the principal and interest of the scrip that shall be sold or pledged by the said district as aforesaid. Sect. 9. K any person shall use any of the said water without the consent of the said district, an action of tres- pass on the case, or tort, may be maintained by the said district again.st him for the recovery of damages therefor ; and if any person shall wantonly or maliciously divert the water, or any part thereof, of either the pond or any streams 1852. Chap. 210--212. 151 or water courses which shall be taken by the said district, pursuant to the provisions of this act, or shall corrupt the same, or render it impiu-e, or destroy or injure any dam, aqueduct, pipe, conduit, hydi'ant, machinen,-, or other pro- perty, held, owned, or used by the said disti-ict by the au- thority and for the purposes of this act, every such person shall forfeit and pay to the said district three times the amount of the damages that shall be assessed therefor, to be recovered by any proper action. And any such person, moreover, may, on conviction of either of the wanton or May be pnn- malicious acts aforesaid, be punished bv fine not exceedinsf ^^^f^ ^^ ^^^ 'r' J r> and impnson- three hundred dollars, and imprisonment not exceeding one ment. year. Sect. 10. There shall be a legal meeting of the voters Meeting for of the said fire district called within four years after the the acceptance passage of this act, for the purpose of having the said voters when'^ami'how give in their written votes on the question whether they teld, &c. will accept this act, and if two thirds of said votes shall be in the affirmative, then the selectmen of the town of Pitts- field shall warn a meeting of the voters of said town within three months after, for the purpose of having said voters give in their ^\Titten votes upon the question whether they will accept the same, and if r^vo thii'ds of said votes given upon the question aforesaid be in the affirmative, then this act shall be binding, otherwise it shall be null and void. This act shall take effect from and after its passage. [Ap- Takes effect. proved by the Governor^ May 13, 1852.] An Act respecting Bail Bonds in Civil Actions. Chov. 211 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Any sheriff or deputy sheriff" required to take a bail bond in any civil action, may examine on oath, to be administered by him, the persons offered as sureties, as to then* sufficiency. [Approved by the Governor, May 13, 1852.] An Act concerning Trustees. Chap. 212 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the sa7ne, as folloics : The judges of the supreme judicial court and the judges ju^^gg of su- of the several courts of probate in their several counties, preme judicial upon application of the parties (other than the trustee) probate'ma^y beneficially interested in any trust estate, whether such on application 152 1852. Chap. 212—218. remove a trus- estate be created by deed, indenture, or other instrument, po1nt"ano^her ^^^X ^^ ^^^^ desire of such parties, and if it shall appear to who shall pos- said judges to be essential to their interests, remove the errperform^^" trustee of such estate and appoint a new trustee who shall same duties, possess all the powers, and be compelled to perform all the duties of the trustee originally appointed: such new trustee giving the like bonds and security as are required, if any, by the deed, indenture, or other instrument creating No trustee the trust estate : provided, that no trustee shall be so removed ^^ov^d without ^^^^^^ ^® ^^^ ^^d notice of the application for his removal, notice, and op- and an Opportunity to be heard and to show cause why b°'*^"'h^ar'd such removal should not be made : and provided, also, that when such removal is ordered by a judge of probate, there be had to su- shall be an appeal from such order to the supreme judicial preme judicial court, ill the samc manner as in cases of other orders of court* such judge of probate. [Approved by the Governor^ May 13, 1852.] Chap. 213 -^^ -^^^ relating to Discharged Convicts. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Af^ent's salary Sect. 1. The agent appointed by an act entitled " An j^ooo payable ^^^ relating to Discharged Convicts," passed in the year one thousand eight hundred and forty-five, shall receive for his services the sum of five hundred dollars per annum, payable quarterly. Agent to keep Sect. 2. The Said agent shall keep an account of the nenditurcs fo^' ™oneys expended by him, for the rent and other necessary various objects expenses of his office, for correspondence and travel to pro- specified, p^^g employment for discharged convicts, for furnishing the clothing, board, and tools, now required of him by law, and for conveying discharged convicts to their homes or places of employment, when he shall deem it proper to pay there- Shall present for, and shall present the same to the State auditor, whose account to approval thereof shall entitle said agent to receive pay not to exceed tliereior, at the end oi each quarter, irom the treasury ot ^'J*^t^- the Commonwealth ; but the whole amount so paid him for such expenditm-es, shall not exceed five hundred dollars in any one year ; and the governor is requested to draw his warrant from time to time, for the payment of appropria- tions made by this act. Warden may Sect. 3. The Warden of the State prison may pay over a^entToVbene- ^ ^^^^ ^^^^ agent, to be expended by him for the benefit of fit of convictis. the convicts, such sums of money as he is authorized by the fifty -third section of the one hundred and forty-fourth 1852. Chap. 213—215. 153 chapter of the Revised Statutes, to pay to the convicts themselves, in all cases when he shall deem it best for them that the expenditure thereof be committed to the agent ; and the agent shall account therefor to the State auditor. Sect. 4. All acts and parts of acts inconsistent herewith, Acts inconsis- are hereby repealed. tent repealed. Sect. 5. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor, May 13, 1852.] An Act concerning Beaches in the City of Lynn. CIlCl'D. 214 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. No person shall carry away or remove, by land No sea-weed to or water, any sea-weed from the Long Beach, in the city of wltiTout p^er- Lynn, without permission first obtained from the city coun- mission, cil of said city, or from some person or persons duly author- ized by the said city council to grant such permission. Sect. 2. No person shall carry away or remove, by land No sand, or water, any sand, stones, gravel, or mud, from the several or^mud^trtTe beaches in the city of Lynn, known as King's Beach, Bla- removed. ney's Beach, and Whale Beach, without permission first obtained, as provided for in the first section. Sect. 3. Any person who shall offend against any of the offender liable provisions of this act, shall forfeit and pay for each offence *» P^y ,Sf20. a sum not exceeding twenty dollars, to be recovered by complaint or indictment in any court of competent juris- diction, one half for the use of the complainant, the other half for the use of said city of Lynn. Sect. 4. This act shall take effect from and after its Takes effect, passage. [Ajiproved by the Governor, May 13, 1852.] An Act in addition to the several acts concerning the First Parish in Chap. 215 Rowley. ■* " Be it enacted by the Senate and House of Representa- tives, iji General Court assembled, and by the authority of the same, as follows : Sect. 1. The authority given to the First Parish in special au- Rowley to assess and collect a tax, and for other purposes fgrred^from^' set forth in the act to which this in addition, passed on the First Parish to fourth day of March in the year one thousand eight hun- ^e'^.g^jn^^^^; dred and twenty-nine, is hereby transferred from said parish territory, who to the qualified voters who reside within the territorial fimits ^g^^^f ^nV"' of the same, a majority of whom present and voting at a collector. meeting duly warned for the purpose, are hereby authorized 20 154 1852. Chap. 215—217. to elect an assessor and collector, and to exercise all the powers heretofore exercised by said First Parish in the premises. Certain part Sect. 2. So much of Said act passed on the fourth day of former act, ^f March in the year one thousand eight hundred and repea e . twenty-nine, to which this is in addition, as is inconsistent with this act, is hereby repealed. Takes effect. Sect. 3. This act shall take effect from and after its passage. [Approved by the Governor, May 13, 1852.] Chav. 216 -^^ -'^^^ concerning Teachers' Institutes. Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sums appro- The sums appropriated to defray the expenses of Teach- priatedto grs' Institutes, by an act entitled An Act to establish stitutesmay Tcachers' Institutes, passed in the year one thousand eight be apportioned hundred and forty-six, and by a resolve entitled A Resolve cation.' ^ ^ concerning Teachers' Institutes, passed in the year one thousand eight hundred and fifty, may be apportioned in such manner as the board of education shall determine : provided, that not more than three hundred and fifty dollars shall be expended upon any one institute. [Approved by the Governor, May 13, 1852.] Chan 217 ^^ ^^^ ^'^ incorporate the Third Unitarian Society in Dorchester. Be it enacted by the Senate and House of Representa- tives, i7i General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. Alexander Pope, James H. Blake, Axel Dear- born, their associates and successors, are hereby made a corporation by the name of the Third Unitarian Society, in Dorchester, with all the powers and privileges, and sub- ject to all the duties and liabilities incident to religious May hold real societies in this Commonwealth ; with power to hold estate, po,- real and personal estate to the amount of fifty thousand cWaf pur^poses dollars : provided, the same be appropriated exclusively to only. parochial purposes. Takes effect. Sect. 2. This act shall take effect from and after its passage. [Approved by the Governor, May 13, 1852.] 1852. Chap. 218—220. 155 An Act to authorize the First Cong^regational Parish in the Toath of Yar- QJiat). 218 mouth to sell Ministerial and Parsonage Lands. "' Be it enacted hy the Setiate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The First Congregational Parish in the town May sell and of Yarmouth is hereby authorized to sell and convey by Ministerial*^* deed, all the ministerial and parsonage lands belonging to and parsonage said parish, situate in said town. ^ ' Sect. 2. The said parish may, at any legal meeting ^^ ^ j j called for that purpose, choose a committee to make sale of meeting may said lands in such way and manner as shall best promote ^°°g| ^°™Jjj_ the interest of said parish ; and the committee thus chosen shall have authority to execute and deliver deeds accord- ingly- Sect. 3. The proceeds of the sale of said lands shall be Proceeds in- invested in such manner as said parish shall direct ; and H^l appUed^' the income arising therefrom shall be applied to the support toward sup- of the ministry in said parish. ?;/* °^ '^^°^'- Sect. 4. This act shall take effect from and after its passage. [Approved by the Governor, May 13, 1852.] An Act to authorize Lewis Crosby, Ansel Lewis, Ferdinand G. Kelly, and Chap. 219 their associates, to build a Wharf. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Lewis Crosby, Ansel Lewis, Ferdinand G. Kelly, and May build a their associates, are hereby authorized to build and main- ^e^Qi™ ^^^' tain a wharf from their land in the village of Centreville, in Barnstable, and to extend the same into the sea to the depth of ten feet of water at low tide, and to lay vessels at the said wharf, and to receive dockage and wharfage there- for: provided, that this grant shall in nowise impair the legal rights of any person. [Approved by the Governor, May 13, 1852.] An Act concerning the Stonehara Branch Railroad Company. Chap. 220 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The time allowed for the filing of the loca- Time for filing tion of the Stoneham Branch Raih-oad, passed in the [Srone' year one thousand eight hundred and fifty-one, is hereby year. 156 1852. Chap. 220—222. extended for the period of one year, from the first day of May, eighteen hundred and fifty-two. Takes effect. Sect. 2. This act shall take effect from and after its passage. [Appi-oved by the Governor^ May 13, 1852.] Chap. 221 -^^ -^^t to authorize John C. Gibbs, Gardner C. Gibbs, and Setli W. -* ' Brown, to extend their Wharf. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Proprietors John C. Gibbs, Gardner C. Gibbs, and Seth W. Brown, may extend in- proprietors of a wharf in the town of Somerset, are hereby to Taunton ^j.i i -i-n • . tt\ j. Great River, authorized to extend and maintain the same into i aunton but not impede Qj-eat River, to a distance not exceeding three hundred feet, including the present structure : provided, that the said wharf shall not extend into the harbor or channel so as to impede the navigation of the said river ; and they shall have the right to lay vessels at the said wharf, and to receive dockage and wharfage therefor : provided, that this act shall in nowise impair the legal rights of any person. [Ap- proved by the Governor, May 13, 1852.] r^h 999 ^^ ^^^ concerning disturbances of Schools and Public Meetings. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Justices of Sect. 1. Every justice of the peace within his county, peace, police and the Several police courts established by law, shall have common p^eas, jurisdiction concurrent with the court of common pleas in and municipal their respective counties, and the police court of the city concurrent ju- of Boston shall havc jurisdiction concurrent with the muni- risdiction, &c. cipal court, of the offence specified in an act passed the twenty-seventh day of March, in the year one thousand eight hundred and forty-nine, entitled " An Act to prevent disturbances of schools and public meetings," when said Punishment, oflencc is iiot of ail aggravated nature : provided, however, house^of^c'or-"'^ ^^^"^^ ^^^'^ justiccs and the police com'ts aforesaid, shall rection, orfine punish such offeiice by imprisonment in the county jail or ^^^- house of correction, not more than thirty days, or by fine peaK* *° *^" i^ot exceeding ten dollars ; saving to the party convicted the right of appeal, as in other cases. [Apjiroved by the Governor, May 13, 1852.] 1852. Chap. 223—224. 157 An Act to incorporate tlje Proprietors of the Union House in Worcester. CIia)7. 223 Be it enacted hij the Senate and House of Representa- tives, in General Court assembled, and hy the authority of the same, as follows : Srct. 1. Henry Chapin, Allen Harris, Calvin Newton, Corporators. William B. Fox, William H. Harris, and John F. Pond, their associates and successors, are hereby made a corpora- tion by the name of " The Proprietors of the Union House, in Worcester," for the purpose of erecting a hotel or board- May erect and ing-house in the city of Worcester, and maintaining the or boarding- same and the buildings and appurtenances connected there- house. with, and for those purposes shall have all the powers and Powers, re- privileges, and be subject to all the duties, restrictions, and 33 Lnd 44'Re- ' limitations, set forth in the thirty-eighth and forty-fourth vised statutes, chapters of the Revised Statutes: provided, that said cor- poration shall not carry on the business of hotel or boarding- Corporation house keeping, or be in any way interested in said business : ^^^ huTneL^^ and provided, further, that said corporation shall make it a j^^ jj^^^j^j^^, condition of any and all leases of said estate that no intoxi- ting liquors, eating liquors shall be sold upon the premises. Sect. 2. The whole amount of real and personal estate ^iRq^qqo*"*^^' or capital stock which said corporation may hold shall not exceed one hundred thousand dollars. Sect. 3. When any stockholder in this corporation shall When stock is transfer his stock in this corporation, a certificate of such cenificate'to transfer shall forthwith be deposited with the city clerk of be filed with the city of Worcester, who shall note the time when the ^^^^ *^^^'^^- same was deposited, and record the certificate at full length on the record-book of the city; and no transfer of such stock shall be valid as against the creditors of such stock- holder, until such certificate shall have been deposited and recorded as aforesaid. Sect. 4. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor, May 18, 1852.] An Act to prevent and punish Fraudulent Arrests. Chap. 224 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect, 1. When any person is arrested by virtue of any a person ar- process, or is taken into custody by any officer in this Com- ^^g'^true" monwealth, such person shall have a right to know from ground of his the officer who arrests or claims to detain him, the tnie *'^°*'^- ground on which the arrest is made ; and any oificer who shall refuse to answer such question, or who shall fail to answer the same truly, or who shall answer the same 158 1852. ■Chap. 224—225. Punishment lor refusal, fine or impris- oument. For false ar- rest, fine or imprisonment. Chap. 225 Boundaries. untruly, or who shall assign to the person arrested an untrue reason for the arrest, or shall neglect on request to exhibit to the person arrested, or any other person acting in his be- half, the precept by virtue of which such arrest is made, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the house of correction not more than one year. Sect. 2. Any officer who shall arrest, take into, or detain in custody any person in this Commonwealth, pre- tending to have a process when he has none, or pretending to have a different process from that which he has, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the house of correction not more than one year. [Approved by the Governoi'^ May 13, 1852.] An Act to incorporate the Town of Marion. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. All that part of the town of Rochester, in the county of Plymouth, comprised within the following limits, to wit : — beginning in the west line of the town of Ware- ham at a point east of the north-east corner of Richard Gurney's homestead; thence westerly in line of said Gm*- ney's homestead to the north-west corner thereof; thence southerly in a straight line to the north-east corner of Jona- than Perry's homestead ; thence southerlj'- in line of said Perry's homestead to the southeast corner thereof; thence in a straight line to the north-west corner of Amos Hadley's wood-lot ; thence southerly in west line of said Hadley's wood-lot to the south-west corner thereof; thence in a straight line to where the Dogget brook unites with Sippican River ; thence up the course of said brook one half of one mile ; thence in a straight line southerly, passing ten rods east of the dwelling-house of .Jesse Parlow, late of Rochester, deceased, to the Matapoisett precinct, so called ; thence southeasterly in line of said precinct to a point west from the south-west corner of Noah D. Handy' s wood-lot ; thence east to Aucoot cove ; thence southeast to Buzzard's bay ; thence by the bay and the south and west lines of the town of Wareham to the place of beginning, — is hereby incorporated by the name of Marion ; and the said town of Powers, privi- Marion Is hereby vested with all the powers, privileges, leges, &c. &c. j-ights, and immunities, and made subject to all the duties and regulations, to which other towns are entitled and sub- jected by the constitution and laws of this Commonwealth. 1852. Chap. 225. 159 Sect. 2. The inhabitants of said town of Marion shall To pay arrear be holden to pay all arrearages of taxes legally assessed ^^d. upon them before this act takes effect, and also their pro- portion of such State and county taxes as may be assessed upon them before the taking of the next State valuation (said proportion to be ascertained and determined by the last decennial valuation of the town of Rochester), to the treasurer and collector of said town ; and all moneys now in the treasury of said town of Rochester, or that may hereafter be received from taxes already legally assessed, or directed to be assessed, shall be applied to the purposes for which they were raised and assessed, in like manner as if this act had not been passed. Sect. 3. The said towns of Rochester and Marion shall Paupers, how be respectively liable for the support of all persons who arc to be support- now receiving relief from Rochester as paupers, according ° to the last decennial valuation of property within their respective limits. And the said towns of Rochester and Marion shall be respectively liable for the support of all persons who may hereafter stand in need of relief as pau- pers, whose settlement was gained by or derived from a settlement gained or derived within their respective limits. Sect. 4. The "town-house" shall be the exclusive pro- perty of Rochester. Sect. 5. The alewive fisheries of Mattapoisett River and Fisheries and the " town mills," situate on said river, shall remain the ^°^^jj"g^^ ^^^^ l)roperty and privilege of all the inhabitants of the said inhabitants as towns of Rochester and Marion, and said alewives shall be specified, sold, as now, to each and every family residing in both the towns aforesaid, at any such price per one hundred as the majority of the legal voters of both the said towns of Roch- ester and JNIarion may, from time to time, determine. That the net yearly profits of said alewive fisheries, and net yearly earnings of the said town mills shall be appropriated, as now, as a sinking fund to pay the debts made on account of the said mills and alewive fisheries, until said debts shall be thus, or otherwise, liquidated, after which said mills shall be sold, whenever the majority of legal voters of both the said towns of Rochester and Marion shall so determine ; and the net proceeds received from said sales, as also the future net yearly profits from sales of said alewives, and net yearly earnings of said mills (until sold), shall be appor- tioned and paid into the treasury of each of the said towns of Rochester and Marion, according to the valuation of each of tiie said towns, as ascertained and determined by their next preceding town valuations respectively. The Three inspec- manner of taking said alewives, and the whole management jiocii ester, one of said fisheries, as also the letting and management of the from Marion. 160 18e52.— Chap. 225. said town mills, until disposed of, shall be with three in- spectors, to be chosen annually, as follows : two from the said town of Rochester, and one from the said town of Marion, isiarion to pay Sect. 6. The inhabitants of the town of Marion shall debts' and"re- ^^ holdcn to pay their just and equitable proportion of all ceive propor- debts and liabilities for which the said town of Rochester tion of proper- j^g^y \^q liable wheu this act takes effect ; and said town of Marion shall be entitled to receive their just and equitable proportion of the value of all property, both real and per- sonal, and of all annuities, funds in trust, or assets now owned or held by the said town of Rochester, the disposition of which is not provided for in the two preceding sections. In case of dis- four and five ; and in case the towns of Rochester and court^f "com- Mariou shall not agree on their respective proportions of the mon pleas of dcbts, liabilities, property, annuities, funds, assets, town appoint^three paupers, State or county taxes, the court of common pleas persons. for the county of Plymouth shall, upon the petition of either of said towns, appoint three competent and disinterested persons to hear and award thereon, and their award or the award of any two of them, being accepted by said court, shall be final. Fishing privi- Sect. 7. All the privileges which the citizens of Ro- ii;ges contm- ^hester and Marion had before this act takes effect, to take shell or scale fish from the shores or flats and waters, within the towns of Rochester and Marion, shall remain the same as if this act had not passed. To pay propor- Sect. 8. The town of Marion shall pay their just and revenue^^^^*^^ equitable proportion of the surplus revenue, whenever called for by the government of the United States. Marion and Sect. 9. Said towu of Mariou shall continue to be a f °*^^r*^^f ^°*^ P^^^ ^^ ^^^ town of Rochester, for the purpose of electing State and u. a representative to the General Court, State officers, sena- s. officers. tors, representative to Congress, and electors of president and vice-president of the United States, until the next de- cennial census shall be taken, in pursuance of the thirteenth article of the amendment of the constitution ; and all meetings for the choice of said officers shall be called by the selectmen of Rochester, and shall be holden in the town of Rochester ; and the selectmen of Marion shall make a true list of all persons within their town, qualified to vote at every such election, and shall post up the same in said town of Marion, and shall correct the same as required by law, and shall deliver a true copy of the same to the select- men of Rochester, seven days at least before the day of every such election, to be used thereat. Meeting of in- Sect. 10. Any justice of the peace for the county of habitants of Plymouth may issue his warrant, directed to any principal 1852. Chap. 225—227. 161 inhabitant of said town of Marion, requiring him to notify Marion, iiow and warn the inhabitants thereof, qualified to vote in town <=a^lled. affairs, to meet at the time and place therein appointed, for the purpose of choosing all such town officers as towns are by law authorized and required to choose at then* annual meetings ; and said warrant shall be served by posting up copies thereof, attested by the person to whom the same is directed, in four public places in said town, fourteen days at least before the time of meeting. The selectmen of Ro- chester shall, before said meeting, prepare a list of voters in said town of Marion, qualified to vote at said meeting, and shall deliver the same to the person presiding at said meeting, before the choice of moderator thereof. Sect. 11. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor^ May 14, 1852.] An Act to authorize Zenas Atkins to build a Wharf. CJlCl'D, 226 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Zenas Atkins is hereby authorized to build a wharf from May extend his land at or near Nickerson's Point, in Chatham, into the ^}^ wharf in harbor, and he shall have the right to lay vessels at the said usual privi- wharf, and to receive wharfage and dockage therefor : ^^s^^- provided, that the said wharf shall in no way obstruct the anchorage for vessels in the said harbor : and provided, also, that this grant shall not interfere with the legal rights of any person. [Approved by the Governor, May 14, 1852.] An Act to require Returns from Mutual Fire Insurance Companies. Chdl). 227 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The secretary of each mutual fire insurance Annual return company now incorporated, and which shall hereafter be in- t° be made ta corporated in this Commonwealth, shall make annual returns ber. of the state and condition of the affairs of such company, made up to the first day of December in each year, accord- ing to the following form : Fortn of Return for Mutual Fire Insurance Companies. Form of Re- turn. Name of the company. Where located. Date of commencement of business. Amount insured by existing policies. Amount of premiums and deposits received on same. Portion of premiums and deposits received in money. 21 1852. Chap. 227. Portion of premiums and deposits received in notes. Amount of assets other than notes received for premiums and deposits ; state particularly of what they consist. Amount of losses paid during the last five years, or since the commencement of business, if less than five years. Amount assessed on notes for the same period. Amount assessed beyond the amount of notes. Amount of liability of parties insured to assessment, in addition to the amount already collected. Amount of assessments uncollected. Amount of dividends paid to policy holders during same period. Amount of policies terminated the past year. Amount of policies issued the past year. Amount of premiums and deposits received for said poli- cies. Amount of losses paid the past year. Amount of losses ascertained and unpaid. Amount of assessments on notes the past year. Amount of assessments the past year beyond the amount of notes. Amount of dividends paid to policy holders the past year. Amount of debts owed by the company for money bor- rowed or otherwise. Highest rate of interest paid. Highest rate of interest received. Amount insured on real estate. Amount insured on personal property. Amount insured on first class. Amount insured on second class. Amount insured on third class. Amount insured on fourth class. Premiums and deposits received in first class. Premiums and deposits received in second class. Premiums and deposits received in third class. Premiums and deposits received in fourth class. Losses in first class. Losses in second class. Losses in third class. Losses in fourth class. Which return shall be transmitted to the secretary of the Commonwealth on or before the fifteenth day of December, in each year ; and shall be signed by the president and secretary of such insurance company, who shall make oath before some justice of the peace to the truth of said returns, according to their best knowledge and belief. Sect. 2. Every such insurance company neglecting to comply with the provisions of the preceding section shall 1852. Chap. 227—228. 163 forfeit to the use of the Commonwealth, to be recovered by the treasurer thereof, one hundred dollars for each and every day's neglect. Sect. 3. The secretary of the Commonwealth shall fur- Secretary of nish four printed copies of the form of return required by wealth shall this act to the secretary of every mutual fire insurance ^"'■')^^^'^°^'' company, in the months of August or September, annually, company. Sect. 4. The secretary of the Commonwealth, after he Shall prepare shall have received the retm'ns from the several insurance ^^ abstract, and transmit companies aloresaid, shall, as soon as may be, cause to be one copy to prepared and printed a true abstract from these returns ; and^toTegls-^ and he shall transmit by mail one copy thereof to the presi- lature. dent of each mutual fire insurance company in the Com- monwealth, and shall submit the same to the Legislature at the next session thereof. [Approved b/j the Governor, May 14, 1852.] An Act to incorporate the Mechanics' and Engineers' Experimental Chap. 228 Railroad Company. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as folloivs : Sect. 1. George Odiorne, Bryant P. Tilden, William Corporators. W. Gannett, their successors and assigns, are hereby made a corporation by the name of the Mechanics' and En- gineers' Experimental Railroad Company, for the purpose Purpose, of making experiments on improvements in rails, railroad switches, crossings, bridges, cars, motive power, and the modes of laying down and working railways, and using and improving the same, with all the powers, and subject to all Powers, &c., the duties and restrictions, contained in the forty-fourth chapter R. s. chapter of the Revised Statutes. Sect. 2. Said company is hereby empowered and au- May locate, thorized to locate, construct, and maintain, for the purpose ^nd mSain aforesaid, a railroad with one or more tracks of not less railroad, than two miles nor more than four miles in length, and to use and improve the same, in such place as they may deem suitable within the town of Chelsea, or that town and the in Chelsea, or adjoining town of Maiden : provided, the land for said rail- MaWen. road and appurtenances belong to said company, or the fee or right thereto shall be acquired by said company by pur- chase, lease, or gift, and not otherwise: and provided, «/cS'o, Not to take that said company shall have no right to take gravel, or ^^fj^il'thouT" materials, for said railroad, without the consent of the own- consent, nor ers or occupiers thereof, nor to cross any town or county ^^unty^road".' road without the consent of the county commissioners, for the county in which the town or county road that said 164 1852. Chap. 228—230. Nor cross any company may desire to cross, may be, nor to cross any railroad. railroad without the consent of the proprietors thereof. Real and per- Sect. 3. Said corporation may hold such real and per- sonal estate sonal estate as may be necessary or convenient for the pur- stocC^*250,- poses aforesaid, but the whole capital stock of said company 000. shall not exceed two hundred and fifty thousand dollars ; and no shares in the capital stock shall be issued for a less sum or amount to be paid in on each than the par value of the shares first issued. Takes effect. Sect. 4. This act shall take effect from and after its passage. [Approved by the Governor, May 14, 1852.J Chap. 229 -^^ -^^^ ^° incorporate the Evangelical Society in Lancaster. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the saine, as follows : Corporators. Sect. 1. Charles Wayman, Charles Humphreys, and Ca- leb T. Symmes, their associates and successors, are hereby made a corporation by the name of the Evangelical Society in Lancaster, with all the powers and privileges, and sub- ject to all the duties and liabilities incident to religious societies in this Commonwealth, with power to hold real Real and per- and personal estate to the amount of ten thousand dollars : s*/!) 000.^^^° provided, the same be appropriated exclusively to parochial purposes. Pews may be Sect. 2. Said socicty may assess upon the pews in cordin^'^trval- their mectiug-house, according to a valuation thereof, first nation" to be agreed upon by them and recorded, such sums as shall be necessary for the support of public worship in said Assessments house, and other parochial charges ; and all such assess- coilected as in ments mav be collected in the manner provided bv the sections 32^ 33*, thirty-second, thirty-third, and thirty -fourth sections of the 34. twentieth chapter of the Revised Statutes. Takes effect. Sect. 3. This act shall take effect from and after its passage. [Approved by the Governor, May 18, 1852.] Chap. 230 -^^ ^^^ ^° authorize the Boston and Providence Railroad Corporation to construct a Railroad. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Location de- Sect. 1. The, Boston and Providence Railroad Corpo- scribed. ration are hereby authorized to construct a railroad, com- mencing at some point on the Boston and Providence Railroad, in the town of Seekonk, and thence running 1852. Chap. 230—231. 165 southerly to the line of the State of Rhode Island, there to connect with a railroad running from Bristol in said last named State. Sect. 2. The location of said road shall be filed within To be filed two years from the passage of this act. [Approved by the within two yrs. Governor, May 18, 1852.] An Act relating to Insurance by Foreign Corporations. Chcft). 231 Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and hy the authority of the same, as folloivs : Sect. 1. The provisions of the act entitled " An Act in Provisions of addition to an act to provide asfainst Loss from Insurance act of 180I ex- _, . „ . ^ „ 1 • 1 1 tended, except by l^oreign Corporations, passed in the year one thousand as herein, eight hundi'ed and fifty-one, are hereby extended, except as hereinafter provided, to companies not incorporated in this Commonwealth, making insurance on health. Sect. 2. Every person acting for an insurance company Agents of in- not incorporated in this Commonwealth, shall annually, in surance com- the month of October, deposit with the treasurer of the the Common- Commonwealth, and shall also, in the months of October wealth : and November of each year, publish six times in each of i^equirements three different newspapers in the county in which such ^^ ubUsh in person resides, or has his place of business, a statement newspapers. similar in all respects to that required by the forty-first sec- tion of the thirty-seventh chapter of the Revised Statutes, and said statement shall be deposited with said treasurer before making any contract of insurance ; and said publi- cation shall be continued for six weeks successively in those counties in which there are less than three newspapers. Sect. 3. Every such agent shall exhibit in conspicuous Exhibit on letters, on the sign designating his place of business, the of^"he^|tate™^ name of the State under whose authority the company he &c. represents has been incorporated. And said company and agent shall also have printed in large type the name of such State upon all policies issued to citizens of this Com- monwealth, on all cards, placards, and pamphlets, and in all advertisements published, issued, or circulated in this State, by them or him, relating to the business of such company. Sect. 4. No person shall be allowed to act as agent of no such agent anv insurance company not incorporated in this Common- ^.V,""?'^ ^^ .**^* ' ixi ^-1 1 "^ 1 1 X 1 11 u *'^l ^^^ require- wealth, until such company and such agent siiall nave ments are com- eomplied with all the requirements of the laws of this Com- P'i^'^ ^i'^- monwealth relating to such companies and their agents. And every person so acting without such compliance, after the first day of July next, shall forfeit for every such offence the sum of one thousand dollars. 166 1852. Chap. 231. Secretary, Sect. 5. The secretary, treasurer, and auditor of this au^dUorof ^he Commonwealth, are hereby constituted a board of insur- Common- ance commissioners ; and it shall be their duty, annually, boTrd^oftnsur^ ^'^ ^^® month of November, to examine the statements and ance conamis- returns required to be made by the companies and agents siouers. aforesaid ; and if, in their opinion, any statement or return shall be obscure, defective, or in any respect unsatisfactory, it shall be their duty immediately to require answers, under oath, from the agent by whom such obscure, defective, or unsatisfactory statement or return shall have been deposited or made, to such interrogatories as they may deem neces- sary and proper to be answered in order to explain such statement or return, and exhibit a fuU and accurate view of the business and resources of the company represented by such agent. And any agent refusing or neglecting to an- swer such interrogatories for the space of thirty days, shall be deemed not to have complied with the provisions of the laws of this Commonwealth ; and if he continue to act as agent, aforesaid, shall be liable to the penalty prescribed in the Commission- preceding section. And said commissioners shall prepare ers to prepare ^,-j abstract of the statements and returns made by foreign an abstract oi . . i i • i • i • i j_ in foreign insur- insurance Companies and then* agents, which abstract shall ance compa- i^g printed and laid before the Legislature in the month of January in each year ; and for any services rendered, or ex- penses incurred, by said commissioners in enforcing the provisions of this act, the governor and council may audit their accounts, and allow a reasonable compensation. Certain acts Sect, 6. The last five sectioiis of the thirty-seventh repealed. chapter of the Revised Statutes, and the eleventh section of the three hundred and thirty-first chapter of the acts of the year one thousand eight hundred and fifty-one, are hereby repealed. Any foreign in- Sect. 7. Ally insurance company, other than those in- surance com- corporated in this Commonwealth, having a capital of fifty capital of ^50,- thousand dollars, may make insm-ance on live stock, but on 000 may insure no other property: provided., said company, and its agent, prevoiusly to making such insurance, shall have complied with all the requirements of the laws of this Common- wealth relating to insurance by foreign corporations. Sect. 8. All payments made for policies, ^vhether in money or by note, or other security, shall be taken and deemed to be premiums for the purposes expressed in the seventh section of the act mentioned in the first section of this act. Sect. 9. It shall be the duty of the aforesaid commis- mi^s!fioners*^°rt- ^i^^^^^^? ^^^^ of ^hc attomey-geueral, and the district attor- toruey-gtnerai ucys of this Commonwealth, to cause the provisions of this 1852. Chap. 231—233. 167 act, and of all acts relating to insurance by foreign corpora- and district at- tions, to be executed and enforced. tomeys. Sect. 10. All penalties recovered for violations of the provisions of this act, and of all other acts relating to insur- ance by foreign corporations, shall go, one half to the per- son giving information of such violations, and one half to the treasury of the Commonwealth. [Approved by the Governor, Map 18, 1852.] Ah Act concerning the Cabot and Perkins Corporationa, and to increase QJicid 232 the Capital Stock of the latter. ^' Be it enacted by the SeJiate and Honse of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The stockholders of the Perkins Mills, in the Perkins com- town of Chicopee and county of Hampden, are hereby fz^.Yto^add 500 authorized to create five hundred additional shares of capital shares of stock, of one thousand dollars each, which shares shall be is- capitaUtock!" sued to the several stockholders of the Cabot Manufacturing Company, in said Chicopee, in proportion to the number of shares held by each in said Cabot Manufacturing Company : provided, that at a legal meeting called for the purpose, the Proviso. said Cabot Manufacturing Company shall, by a vote of not *^^^°f Compa- ' •/ nv sn3.ll con* less than four fifths of the stockholders in number and sent, by vote of amount, consent to sell and transfer so much of their entire 2^1^*^!^ ^°^^ property and estate to the said Perkins Mills, as shall be ber and equivalent to the five hundred shares of additional stock to amount. be created in said Perkins Mills : provided, also, that this sale and transfer shall be made within six months from the passage of this act. Sect. 2. When the said sale and transfer shall be made When transfer the said Cabot Manufacturing Company's charter shalP^^^'^^'^f'^j^"^" be annulled : provided, that for all the pm-poses connected void. with the settlement of the affairs of said corporation, this ^^g ^ ^^ surrender shall not affect the claims, rights, or demands of the said corporation, or their creditors in law or equity. Sect. 3. This act shall take effect from and after its Takes effect. passage. [Approved by the Governor, May 18, 1852.] An Act to incorporate the Boston Submarine and Wrecking Company. Chcip. 233 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. George L. Johnson, B. P. Cheney, Charles Corporatoii. Mclntire, their associates and successors, are hereby made a corporation by the name of the Boston Submarine and 168 1852. Chap. 233—235. Wrecking Company, for the purpose of relieving vessels in distress, and recovering wrecked and sunken property ; with Powers, liabili- all the powcrs and privileges, and subject to all the duties, chapSrs'sslh'^ liabilities, and restrictions, set forth in the thirty-eighth and and 44th R. s. forty-fourth chapters of the Revised Statutes. Capital stock, Sect. 2. The Capital stock of said corporation shall not ^ioO,ooo. exceed in amount one hundred and fifty thousand dollars ; No shares is- and no shares of said corporation shall be issued for a less sued under ^^^^ ^^ amount, to be actually paid in on each, than the par value of the shares which shall be first issued. [Approved by the Governor, May 18, 1852.] Ohary '^34 "^^ ^^^ concerning the Assessment of Taxes. Be it enacted by the Senate and House of Representa- tives, in General Coui't assembled, and by the authority of the same, as follows : Taxes against All taxes assesscd upon the personal estate of any de- an^estate^be- pg^ggfj person, before the appointment of an administrator or ment of ad- executor thereof, if otherwise legal, shall be enforced against "nfonjed^as'if ^^^^ estate and the representative thereof, after an executor or made after administrator shall have been appointed, in the same man- ment^^^"^"*^" ner as if an administrator or executor had been appointed when said assessment was made. [Approved by the Gov- ernor, May 18, 1852.] Chat) 235 -^^ -^^^ ^" relation to the Worcester County Institutions for Savings. Be it enacted by the Senate arid House of Representa- tives, in General Court assembled, and by the authority of the sam,e, as follows : The doings at The elections made and other doings and proceedings had a meeting, a|; ^ meeting of the members of the Worcester County an^dadjo'urn- ' Institution for Savings, on the fourteenth day of April, in ment, made ^he year one thousand eight hundred and fifty-two, and at an adjourned meeting of said members of said institution, on the twenty-first day of said April, are hereby declared valid in the same manner as they would have been, had said meetings been notified according to law. [Approved by the Governor, May 18, 1852.] 1852. Chap. 236—238. 169 An Act in addition to an act entitled " An Act to authorize the business of Chap, 236 Banking." ■^' Be it ejiacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Any number of persons not less than ten, may Number not become a body corporate, in pursuance of the act entitled ^^^^ ^^^'^ *^°- " An Act to authorize the business of Banking," passed in the year one thousand eight hundred and fifty-one. Sect. 2. No banking corporation organized under said No corpora- act shall circulate bills exceeding its capital stock in amount, *'°", V'^'^®'^ ^ . c • • 1 1 • 11 banking act of nor be taxed upon that part oi its capital stock invested and isoi shall cir- transferred to the auditor, in pursuance of the seventh sec- cuiate more -., •7 7 7 • r than Its capi- tion of said act : provided, however, that the proportion oi tai stock. the capital of any bank, thus exempted from taxation, shall Part of stock in no case exceed three fourths of said capital. [Approved ^° by the Governor, May 18, 1852.] An Act concerning the New Bedford and Taunton Railroad Company. ChciD. 237 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authointy of the same, as follows : The New Bedford and Taunton Railroad Company is May increase hereby authorized to increase the capital stock of said c^^QQ^inQ*"'^'' company one hundred thousand dollars, the same to be ' divided into shares of one hundred dollars each. [Approved by the Governor, May 18, 1852.] An Act concerning the Powers of County Commissioners. Chttl) 238 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, arid by the authority of the same, as follows : Sect. 1. Whenever two or more towns are required by when several law to maintain, or keep in repair, any bridge upon any t°T°® ^''^'■®" highway or town way, and shall differ as to the mode or m^aTntain a time of doinsr the same, the county commissioners of any bridge, county ■ . . conimissioH" county in which either of said towns is situated, may, upon ers may de- the application of such town, and after a hearing upon due '^'^^^ ^^^''' notice to all parties interested, pass all such orders con- cerning the maintenance or repair of any such bridge as in their opinion the public good may require. Sect. 2. All orders passed by the county commissioners such decisions after a hearing as aforesaid, shall be final upon the parties, t° ^^ fi'^*^- and shall be enforced in the same manner as orders by the county commissioners are now by law enforced. 22 no 1852. -Chap. 238—240. When all the Sect. 3. Whenever all of the towns required by law to in^nTe'^coun- i^a^intain or repair any such bridge are not in the same ty. county, the county commissioners of that county in which either of the said towns is situated, to whom ap])lication shall be first made, shall have exclusive jurisdiction of the subject matter of such application. [Approved by the Gov- ernor, May 18, 1852.] Chap. 239 An Act to incorporate the Chelmsford Agricultural Society. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. John C. Bartlett, Asa Hodgman, 2d, and Ed- win H. Warren, their associates and successors, are hereby made a corporation, by the name of the Chelmsford Agri- cultural Society, for the encouragement of agriculture and the mechanic arts, by premiums, and other means, in the town of Chelmsford, in the county of Middlesex ; with all the powers and privileges, and subject to all the duties, liabilities, and resti-ictions, of other incorporated agricultiiral societies in this Commonwealth. [Approved by the Gov- ernor, May 18, 1852.1 Corporators. In town of Chelmsford, with usual powers, &c. Chap. 240 Children must attend school at least twelve weeks of the year. For violation, School com- mittee to in- quire into vio- lations and causes. An Act concerning the Attendance of Children at School. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as folloios : Sect. 1. Every person who shall have any child under his control, between the ages of eight and fourteen years, shall send such child to some public school within the town or city in which he resides, during at least twelve weeks, if the public schools within such town or city shall be so long kept, in each and every year during which such child shall be under his control, six weeks of which shall be consecutive. Sect. 2. Every person who shall violate the provisions of the first section of this act shall forfeit, to the use of such town or city, a sum not exceeding twenty dollars, to be re- covered by complaint or indictment. Sect. 3. It shall be the duty of the school committee in the several towns or cities to inquire into all cases of viola- tion of the first section of this act, and to ascertain of the persons violating the same, the reasons, if any, for such vio- lation, and they shall report such cases, together with such reasons, if any, to the town or city in their annual report ; but they shall not report any cases such as are provided for by the fourth section of this act. 1852. Chap. 240—242. 171 Sect. 4. If, upon inquiry by the school committee, it Attendance at sliall appear, or if upon the trial of any complaint or in- o" out'of'toTO dictment under this act it shall appear, that such child has no violation, attended some school, not in the town or city in which he resides, for the time required by this act, or has been other- wise furnished with the means of education for a like period of time, or has already acquired those branches of learning which are taught in common schools, or if it shall appear that his bodily or mental condition has been such as to prevent his attendance at school, or his acquisition of learn- ing for such a period of time, or that the person having the control of such child, is not able, by reason of poverty, to send siich child to school, or to furnish him with the means of education, then such person shall be held not to have violated the provisions of this act. Sect. 5. It shall be the duty of the treasurer of the town Treasurer to or city to prosecute all violations of this act. [Approved prosecute. by the Governor, May 18, 1852.] An Act concerning Inventories in the Courts of Probate. Chap. 241 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. All inventories returned by administrators, May be sworn executors, guardians, or trustees may be sworn to by said ters^of'prob^te administrators, executors, guardians, or trustees before the at any time, registers of probate for the respective counties in which the same are returnable ; and such oath may be administered at all times, either in or out of the probate court, and shall have the same effect as if administered in court by the judge of probate. Sect. 2. This act shall take effect from and after its Takes effect, passage. [Approved by the Governor, May 18, 1852.] An Act concerning the State Prison at Charlestown. Chap. 242 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The warden of the State prison is hereby authorized and empowered to appoint two officers as turnkeys in addition to the number now authorized by law. Sect. 2. This act shall take effect from and after its passage. [Approved by the Governor, May 18, 1852.] 172 1852. Chap. 243—244. Chap. 243 ^^ ^^^ ^'^ incorporate the Massapoag Spring Hotel Company. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : May erect pub- Sect. 1. Benjamin Webb, Daniel R. Bowker, their as- Groton^^ ^" sociates and successors, are hereby made a corporation by the name of the Massapoag Spring Hotel Company, for the purpose of erecting in the town of Groton, buildings necessary and convenient for a public house, with all the Powers, re- powers and privileges, and subject to all the duties, liabili- afin 4Tth ^^'' *^^^' ^^^^ resti-ictions, set forth in the forty-fourth chapter of chapter R. s. the Revised Statutes. May hold real Sect. 2. Said Corporation may hold such real and per- ^ro ^rr^tcT^ sonal property as may be necessary and convenient for the ^30,000. purposes aforesaid, not exceeding in amount thirty thou- sand dollars : provided, that no shares in the capital stock No shares to be of Said corporation shall be issued for a less sum or amount, issued for less |q \^q actually paid in on each, than the par value of the than par value. i-iinir' • i »!•/■ shares which shall be first issued. And ii any ardent spirits No intoxica- or intoxicating drinks of any kind whatever shall be sold by be sold "^^^ *° said company, or by its agents, or any persons in its em- ploy, or its lessees, with consent of said company, in any of Act void by Said buildings or premises appertaining thereto, then this violation. act shall be void. [Approved by the Governor, May 18, 1852.] Chat) 244 ■^" ^^^ ^^ incorporate the East Boston Ferry Company. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as folloivs : Incorporated Sect. 1. Samucl Hall, Noah Sturtevant, Daniel D. for twenty Kelley, Samucl S. Lewis, Albert Thorndike, William C. ^^^^ ■ Barstow, their associates and successors, are hereby made a corporation for the term of twenty years, by the name of the East Boston Ferry Company, for the purpose of estab- Ferry between lishing and Supporting a ferry between the main land in EasrBoston *^^ "^^^^ °^ Boston and the island of East Boston, with all the powers and privileges, and subject to all the duties, lia- bilities, and restrictions, set forth in the forty-fourth chapter of the Revised Statutes. Company shall Sect. 2. Said Company shall be bound to furnish all furnish accom- g^gh accommodatioii for the transportation of persons, modation, and , . ., . i i i i- receive tolls, horscs, cattlc. Carriages, wagons, goods, and merchandise, ^^c- as the mayor and aldermen of the city of Boston for the time being shall from time to time consider that the public convenience requires, and shall be allowed to collect and 1852. Chap. 244. 173 receive such tolls as the said mayor and aldermen shall de- termine : provided., however, that the rates of ferriage shall Proviso. never be so much reduced as to reduce the yearly dividends of said company to an amount less than eight per cent, on the amount of capital stock actually invested. Sect. 3. Said company may hold real and personal es- May hold real tate necessary and convenient for the purposes aforesaid, ^^*,^^^ Jf.'300,- not exceeding in amount the sum of three hundred thou- sand doDars, to be divided into shares not exceeding one hundred dollars each : provided, that no shares shall be is- No shares is- sued for a less sum or amount, to be actually paid in on p^^^ ^^^^'^ each, than the par value of the shares first issued. Sect. 4. No person shall, directly or indirectly, hold or No person own more than fifty thousand dollars of the amount of the than g^o^o"^^ capital stock : and every stockholder shall have a right to of capital vote at all meetings of said company, and be entitled to as ^'^°'^''- many votes as he has shares : provided, that no stockholder Proviso. shall be entitled to more votes than are equal in number to one fifteenth part of the whole number of shares. Sect. 5. The iinmediate government and direction of Government the affairs of said company shall be vested in a board of ^^bo^Jd^'of dT- not less than five directors, who shall be chosen by the rectors, chosen stockholders annually, and shall hold their offices until ''"""^ >'• others shall be duly elected in their places. Sect. 6. The directors of said company shall, from year Make annual to year, in the month of January, make a return to the said ^ayoTand ai- mayor and aldermen, under oath, of their acts and doings, dermen. receipts and expenditures, specifying the several items making up said expenditures ; and their books shall at all times be open to the inspection of any committee of the said mayor and aldermen, appointed for that purpose ; and Fine, 5500, for if the directors of said company shall refuse or neglect to "^giect. make such returns, they shall for every such refusal or ne- glect forfeit a sum not exceeding five hundred dollars, to be recovered in an action of debt by the city of Boston, for its own use. Sect. 7. Nothing in this act shall be construed to take Mayor and al- from the said mayor and aldermen the power which they go[,"|n"e™o^ now have by virtue of the twenty-sixth chapter of the Re- license any vised Statutes, to license any person or persons as ferrymen ferryman. from the main land in the city of Boston to the island of East Boston, whenever they may consider the public con- venience or necessity to require it. Sect. 8. Said company may purchase or otherwise take Company may any land necessary for the purpose of said ferry : provided, [*a"k^^iand!"^ said ferry shall not be located north of the north line of jyoiwo. Battery wharf; and if they shall not be able to obtain such land by an agreement with the owner thereof, they shall 174 1852. Chap. 244. Damages to be pay therefor such damages as shall be estimated and de- may™r and^ai- termiiied by the said mayor and aldermen ; and either party, dermen. if dissatisfied with any estimate made by the said mayor and aldermen, may apply for a jury to the court of com- mon pleas, next to be held within the county of Suffolk, after the said estimate is made known to the parties ; and thereupon the same proceedings shall be had as in case of estimating and enforcing payment of damages for laying Company shall out ways within the said city of Boston: provided, said prAy'^of pres'- company shall not have power to take any property of the ent lerry. proprietors of the present ferry now held and used by them for maintaining a ferry from Boston to East Boston, with- out the consent of said proprietors. City of Boston Sect. 9. The city of Boston, by a vote of the city coun- franchise,°&c.! ^^^^ ™ay, at any time during the continuance of the charter as specified, of Said Company, purchase of the said company the said ferry, and all the franchise, property, rights, and privileges of the said company, by paying them therefor such a sum as will reimburse them the amount of capital paid in, with a net profit thereon, as may be agreed upon, not exceeding ten per cent, per annum from the time of the payment thereof by the stockholders to the time of such purchase. City may issue Sect. 10. For the purposc of making the purchase i-'v scHp"" "' aforesaid, the city council of the city of Boston shall have ^■.5)0.000, with authority to issue, from time to time, notes, scrip, or cer- lawfai interest, ^-f^^^^gg of debt, to be denominated on the face thereof " Boston Ferry Scrip,''^ to an amount not exceeding in the whole the sum of five hundred thousand dollars, bearing interest at a rate not exceeding the legal rate of interest in this Commonwealth ; and said interest shall be payable Principal pay- semi-annually, and the principal shall be payable at periods fortVyearT ^^°* morc than forty years from the issuing of the said scrip, notes, or certificates respectively. And the said city council may sell the same, or any part thereof, from time to time, at public or private sale, or pledge the same for money borrowed for the purpose aforesaid, on such terms and con- ditions as the said city council shall judge proper. All Scrip, 8zc.., to notes, scrip, and certificates of debt to be issued as afore- ti'e^isu'rer, au- ^aid, shall be signed by the treasurer and auditor, and ditor, and countersigned by the mayor of the said city, and a record cirded.^" ^^' ^^ ^1^ such uotcs, scrip, and certificates shall be made and kept by the said treasurer and auditor respectively. Whenever Sect. 11. Whenever said city of Boston shall purchase ^luxhase^said ^^^^ forry of said company, all the rights, powers, and au- terry, the thority givcu to Said company by this act shall be vested "u^^I^K ^'I'^®"' in and exercised by said city of 13oston, subject to all the shall be trans- , ,.,.,.. •', .•'. .' •". ,. ferred. duties, liabilities, and restrictions herein contained, in such manner, and by such agents, officers, and servants as the 1852. Chap. 244. 175 said city council shall from time to time ordain, appoint, and direct. And said city of Boston shall have the right Boston may to collect and receive the same rates of toll as are allowed toiiT &T"'but by the second section of this act to said company : provided, when toils' coi- that whenever the tolls collected on said ferry shall be sulli- suffident** &c^'' cient to reimburse the said city of Boston for the cost of said ferry, with such a per cent, interest, annually, as said city of Boston pays on said "Boston Ferry Scrip," and for all the expenses of the repairs and additions to said ferry, and all current and incidental expenses of its super- intendence and management, and to provide such a fund as the said city council may regard sufficient for the futm'e support of said feny, then the tolls on said ferry shall cease, Tolls shall and said ferry shall ever after be maintained by said city of cease, and fer- Boston as a free ferry : provided, also, that the said city council shall have the power and authority to reestablish city may re- such rates of toll on said ferry as may be sufficient to pay establish toils the ciu-rent and incidental expenses of the superintendence sary. and management thereof, whenever the fund aforesaid shall be found insufficient for its support. And that the income, rents, and receipts of said ferry, after deducting all expenses and charges of support and maintenance, shall be set apart as a sinking fund, and shall be appropriated for and towards the payment of the principal and interest of said scrip, and for the accumulation of the fund aforesaid, and shall, under the management, control, and direction of the mayor, trea- surer, and auditor of said city, or the major part of them for the time being, who shall be trustees of the said fund, be applied solely to the use and purpose aforesaid. And Trustees, the said trustees shall, whenever thereto required by said ^^^"^^^'' ^^^j^ city council, render a just, true, and full account to the said council, shall city council of all their receipts, payments, and doings ^^^^^^l ^"" under the provisions of this section. Sect. 12. If the said ferry shall not be established and if ferry not es- opened for public use within five years from the passage of /^.g years,' act this act, then this act shall be void. to be void. Sect. 13. The first meeting of said corporation shall First meeting not be called unless the notice for the same shall be signed ^°^^ ^^^^^^- by the majority of the persons named in this act of incorpo- ration. [Approved by the Governor^ May, 18, 1852.] 176 1852. Chap. 245—247. ChciD. 245 -^^ ^^^ ^^ addition to an Act concerning Arrests for Offences committed "' on the Lord's Day. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : The provisions of the two hundred and forty-sixth chap- ter of the acts passed in the year one thousand eight hun- dred and fifty-one, shall be extended to the offences therein provided against, whenever committed in the night time. [Approved by the Governor, May 18, 1852.] Chdt) 246 ^^ ^^^ concerning Agricultural Societies. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Funds in real So much of the funds of incorporated agricultural socie- estate shall be ^jes as shall be invested in real estate, buildings, and appur- 60 vested as to . c ±^ j j x- c • j • !• entitle socie- tenauces, lor the use and accommodation oi said societies, ties to receive shall be held to be so invested as to entitle them to receive Common- the bouiity of the Commonwealth in the same manner as wealth. if put at interest, as provided in the first section of the forty-second chapter of the Revised Statutes. [Approved by the Governor, May 18, 1852.] Chnt). 247 -^^ ^^^ further to guard against the Explosion of Steam-Boilers. Be it enacted by the Senate and House of Representa- tives, i7i General Court assembled, and by the authority of the same, as follows : Manufacturing Sect. 1. If any pcrsou or corporation shall manufacture, or using, in gg^ up, or kuowingly use, or cause to be used, in this Com- weaith, with- monwealth, a steam-boiler unprovided with the safety plug, out the safety ^s described in the first section of "An Act to prevent fined' not ex- the Explosioii of Steam-Boilcrs," passed in the year one ceeding^iooo. thousand eight hundred and forty-nine, such person, or cor- poration, so offending, shall be punished by a fine not ex- ceeding one thousand dollars. Acts inconsist- Sect. 2. All acts and parts of acts inconsistent with ent repealed, this act are hereby repealed. \Ap2iroved by the Governor^ May 18, 1852.] 1852. Chap. 248—250. 177 An Act concerning the Powers of Guardians. Chat). 248 Be it enacted hy the Senate and House of Representa- tives^ in General Court assembled, and by the authority of the same, as follows : Sect. 1. Every guardian appointed under the provisions Guardians not of tlie seventy-ninth chapter of the Revised Statutes, is interested au- hereby authorized to make partition of the real estate of his make partition ward, when lying in common and undivided, as fully and ofreai estate of in like manner as the ward could do, were he under no dis- ability. Sect. 2. Nothing in this act, or in the nineteenth sec- tion of the seventy-ninth chapter of the Revised Statutes, shall be construed to confer any power upon the guardian, when he has an interest in the estate to be divided, adverse to that of the ward. [Approved by the Governor, May 18, 1852.] An Act to establish an additional Term of the Probate Court in the fih^^ Oi.Q County of Plymouth. K^nap. Z±\i Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by tlie authority of the same, as follows : A court of probate shall be holden in the town of Bridge- L^st Tuesday water, within and for the county of Plymouth, on the last of February. Tuesday of February in each year. [Approved by the Gov- ernor, May 18, 1852.] An Act concerning the proprietors of the Boston Pier, otherwise called QJinv) 250 the Long Wharf, in the Town of Boston. •* * Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. That the proprietors of Boston pier, otherwise proprietors called the Long wharf, in the town of Boston, now the city of may increase • TiuriiDGr 01 Boston, may increase the number of shares into which they shares as con- were authorized to divide their estate, stock, and property, venient. by the act relating to said Boston pier, approved March second, in the year one thousand eight hundred and twenty- six, by such number of shares as may be convenient : par value be provided, the par value thereof shall not be less than one "°^^^^^ ^^^^ hundred dollars each. Sect. 2. This act shall take effect from and after its Takes eflfect. passage. [Approved by the Governor, May 18, 1852.] 23 178 1852.- -Chap. 251—252. Chap. 261 Time to file lo- cation extend- ed to May 7, 1853, and time to An Act concerning the Agricultural Branch Railroad. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, arid by the authority of the same, as follows : Sect. 1. The time within which the Agricultural Branch Railroad Company may file the location of that portion of its railroad between Framingham and Northborough, is hereby extended to the seventh day of May, eighteen hun- dred and fifty-three ; and the time within which said com- conipiete ex-^ P^^^Y in^y complete the aforesaid portion of its road, is also 7, 1855. extended to the seventh day of May, eighteen hundred and fifty-five. [Approved by the Governor, May 18, 1852.] Chctn. 252 -^^ -^^^ ^° incorporate the Commercial Telegraph Company. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Corporators. Lines from Boston to Springfield, connecting with other places. Powers, du- ties, &c., as in 44th ch. R. S.,andinactof 1849. Capital stock ^100,000. No shares is- sued for less than par value. Takes effect. Sect. 1. James Sturgis, E. D. Brigham, J. W. Clark, their associates and successors, are hereby made a corpora- tion by the name of the Commercial Telegraph Company, for the purpose of constructing, maintaining, and using lines of telegraph within this Commonwealth, from Boston to Springfield, and connecting the same with any other lines of telegraph which may have been or may hereafter be con- structed, and for extending the same to the city of New York, and also from Boston to Providence, in the State of Rhode Island, and thence to New York, with all the pow- ers and privileges, and subject to aU the duties, liabilities, and restrictions, contained in the forty-fourth chapter of the Revised Statutes, and in an act approved the ninth day of April, in the year one thousand eight hundred and forty- nine, entitled " An Act concerning Electric Telegraph Companies and Electric Telegraphing." Sect. 2. The capital stock of said corporation shall not exceed one hundred thousand dollars, and no shares shall be issued for a less sum or amount, to be actually paid in on each, than the par value of the shares which shall be first issued. Sect. 3. This act shall take effect from and after its passage. [Approved by the Governor, May 18, 1852.] 1852. Chap. 253—254. 179 An Act to secure the title of the Commonwealth to Flats or Lands in the ChciJ). 253 Back Bay in Boston Harbor. "' Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The title of the Commonwealth, as owner Description of thereof in fee, to all the flats or lands within the two basins ^^"^^ ^^ ^°^" in the Back Bay, so called, below the ordinary line of ripa- claimed by the rian ownership, from which the natural flow of the tides in Common- Boston harbor has been cut off" by dams or otherwise, and also to the flats below said line, within two hundred feet north of the main dam leading from Boston to Brookline, is hereby asserted and declared ; and no adverse possession or occupation thereof by any individuals or corporations, for any period of time, shall be sufficient to defeat or divest the title of the Commonwealth therein. Sect. 2. The provisions of the twelfth section of the 12th sect of ch. one hundred and nineteenth chapter of the Revised Stat- J 1^. ^^^''^j^fj utes shall not be held to apply to any of the lands or flats fiats, repealed, described in the foregoing section ; but the provisions of said section are, with respect to said lands or flats, hereby repealed. [Approved by the Governor, May 20, 1852.] An Act in addition to the Act to Punish Abduction. Chat), 254 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Any person who shall fraudulently and deceitfully entice Abduction of or take away any unmarried female, under the age of six- females under teen years, from her father's house, or wherever else she may be found, without the consent of the parent, guardian, or master (if she have any) under whose care and custody she is living, for the purpose of effecting a clandestine mar- riage of such female without such consent, shaU be punished Punish by im- by confinement to hard labor in the State prison for a term P^dT^f or' not exceeding one year, or by fine not exceeding one thou- both. sand dollars, or by both fine and imprisonment in the com- mon jail, in the discretion of the court. [Approved by the Governor, May 20, 1852.] 180 1852. Chap. 255—256. Chan. 255 -^^ •^^^ ^° incorporate the Cambridge Water-Worka. Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and hy the authority of the same, as follows : Corporators. Sect. 1. Estes Howe, Gardiner G. Hubbard, Moses M. Rice, their associates and successors, are hereby made a corporation by the name of the Cambridge Water- Works, for the purpose of supplying the city of Cambridge with Powers, du- Water, with all the powers and privileges, and subject to all chs'^8'^'iuf4T ^^^ duties, restrictions, and liabilities, set forth in the thirty- R. s. eighth and forty-fourth chapters of the Revised Statutes. City may pur- Sect. 2. The city of Cambridge may at any time dur- chase corpo- ing the continuance of the charter hereby granted, purchase ra erig s, 'c. ^j^^ corporate property, and all the rights and privileges of the said corporation at such price as may be agreed upon In case of dis- between the said parties, and in case of disagreement, the agreement. supreme judicial court, upon application by either party, shall be authorized to appoint three commissioners to settle such disagreement. Corporation, Sect. 3. The Said corporation, with the consent of the with consent, mayor and aldermen of the city of Cambridge, shall have ground,*^&c., power and authority to open the ground in any part of the for conducting streets, lanes, and highways in the said city, for the purpose ^^ ^^' of conducting and distributing water through the said city. And the said corporation, after opening the ground as afore- said, shall be held to put the same into repair under the Mayor and ai- Penalty of being prosecuted as a nuisance : provided, that dermen may the Said mayor and aldermen for the time being shall at all and'doiner times have the power to regulate, restrict, and control the acts and doings of said corporation which may in any man- ner affect the health, safety, or convenience of the inhabi- Corporation tants of said city. may hold real Sect. 4. The Said Corporation may, for the purposes ooo^-*^whoie '" aforesaid, hold real estate not exceeding in value one hun- capitai stock dred thousand dollars, and the whole capital stock shall not J?500,ooo!'^'"^ exceed five hundred thousand dollars. Takes effect. Sect. 5. This act shall take effect from and after its passage. [Approved by the Governor, May 20, 1852.] Chan 256 ^^ ^^^ ^" regard to Appraisers of Real Estate taken on Execution. Be it etiacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : When judg- If at the time of appointing of appraisers of real estate Xent^ or°ne- taken in execution, the judgment debtor shall be absent gleets to ap- from the Commonwealth, or not a resident therein, and 1852. Chap. 256—257. 181 shall have no agent or attorney known to the officer, or point apprais- shall neglect to appoint an appraiser, the officer shall ^'■;°^'f'' "^^y appoint one for him, and shall state the above facts in his fdr'h^.°'^* return or certificate, as the reasons why he appointed an appraiser for the debtor. And no levy heretofore made shall be void by reason of the officer's having appointed an appraiser for the judgment debtor, if it shall be made to appear at any trial that the debtor, at the time of appoint- ing the appraisers, was absent from the Commonwealth, and not a resident therein, and had no agent or attorney therein known to the olHcer, and did not appoint an appraiser for himself. [Approved by the Governor, May 20, 1852.] An Act to incorporate the New England Emigration Company. Chat) 257 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. J. V. C. Smith, Patrick Donahoe, and S. O. Corporators. Dearborn, their associates and successors, are hereby made a corporation by the name of the New England Emigration Company, for the purpose of aiding emigrants and others Purpose of aid- in moving to the west, by furnishing them with means and l"^„f™l"^"f^ facihties for emigrating and procuring lands, tenements, and the appurtenances necessary for cultivating the lands, with all the powers and privileges, and subject to all the Powers, liabii- duties, restrictions, and liabilities, set forth in the thirty- g'^*' f "v^*'^' eighth and forty-fourth chapters of the Revised Statutes, s., and in act and in the fourth, ninth, and tenth sections of the act en- ^^ ^^^^• titled " An Act relating to Joint-Stock Companies," passed in the year one thousand eight hundred and fifty-one. Sect. 2. Said corporation may hold real estate to the May hold value of twenty-five thousand dollars, of which amount ^^^J^^^ ^^^^ there may be real estate to the value of ten thousand dol- lars, situated in Boston, in this Commonwealth, the remain- der to be situated in one or more of the western States ; and the capital stock of said corporation shall not exceed Capital stock fifty thousand dollars : provided, that they shall not sell ll^",'?"*^' lands at any higher price than the maximum government higher than price, and they shall make report of the receipts and expend- government iturcs annually to the secretary of this State. Sect. 3. The place of business of said corporation shall Boston, place be located and estabhshed in the city of Boston, and no °*'^"*'"^*s- shares in the capital stock of said corporation shall be is- sued for a less amount, to be actually paid in on each, than No shares less the par value of the shares which shall be first issued. anpar-va ue. Sect. 4. The net profits of the corporation shall be ex- Net profits, pended in transporting emigrants to the western States, ^ow expended. 182 1852. Chap. 257—259. and defraying their expenses until they are in a situation to sustain themselves without such aid. Takes effect. Sect. 5. This act shall take effect from and after its passage. [Approved by the Governor, May 20, 1852.] Chap. 258 An Act in addition to An Act concerning Juvenile Offenders in the City of Lowell. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Courts may In addition to the authority given by the act enti- sentenceju- ^led An act concerninor Juvenile Offenders in the city ers to Lowell of Lowell, passed in the year one thousand eight hun- institution for dred and forty-five, to the courts in said act named, said rGioriTifitiOTi . » as well as re- courts may Sentence juvenile offenders resident in said form school. Lowell, to the Lowell institution for the reformation of juvenile offenders, in the same manner, and for the same causes, and time, and upon the same conditions, for, and upon which, juvenile offenders may, by the one hun- dred and sixty-fifth chapter of the acts of the year one thousand eight hundred and forty-seven, be sentenced to the State reform school. \Aj)proved by the Governor, May 20, 1852.] Chat). 259 "^^ ^'^^ ^^ punish the crimes of Treason, Rape, and Arson. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Treason, State Sect. 1. Every person who shall commit the crime of prison for life, treason against this Commonwealth shall be punished by imprisonment in the State prison for life. Rape, State Sect. 2. Evcry person who shall ravish and carnally know prison for life, any female of the age of ten years, or more, by force and against her will, or shall unlawfully and carnally know and abuse any woman child under the age of ten years, shall be punished by imprisonment in the State prison for life. Arson, State Sect. 3. Every person who shall wilfully and maliciously prison for life, burn, in the night time, the dwelling house of another, or shall set fire to any other building, by the burning whereof such dwelling house shall be burnt in the night time, shall be punished by imprisonment in the State prison for life. These crimes Sect. 4. Nothing in tliis act shall be construed to luake not bailable, any Crime herein mentioned bailable, otherwise than it would have been before the passsage of this act. [Approved by the Governor, May 20, 1852.] 1852. Chap. 260—262. 183 An Act to extend the time for locating the Union Railroad. Chan 260 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : The time for locating and completing the Union Rail- Extended two road, as provided in the act incorporating the Union Rail- y^^''^- road Company, passed May tenth, in the year one thousand eight hundred and forty-eight, is hereby extended two years from tlie passage of this act. [Approved by the Governor, May 20, 1852.] An Act to amend the charter of the City of Lowell. Chap. 261 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The charter of the city of Lowell is hereby parts of sec- amended in the following particulars, viz. : the seventh sec- 1'°"'' ®6^<^" tion of said charter shall be amended by striking out of stluck out^ said section the words, " who shall be ex officio members of the school committee," and the twentieth section of said charter shall be amended by striking out of said section the words, " one person, being also an inhabitant of said ward, to be a member of the school committee," and substituting instead of the words so stricken out, the words following, viz. : three persons being also inhabitants of said ward, School com- who, with the mayor, and president of the common coun- ^nstftuted. cil, shall constitute the school committee. Sect. 2. This act shall not go into effect until it shall Act to take ef- be accepted by a majority of votes cast by the legal voters cep^ed^by legal of the city of Lowell, qualified to vote for city officers, on voters, the question of its acceptance at meetings to be called for that purpose, in their respective wards, within sixty days after the passage of the act : and it shall be the duty of the mayor and aldermen of said city to call such meetings of jermTn^to'^caii the said citizens, within the time aforesaid for the purpose such meetings. aforesaid, and if they shall neglect said duty they shall be liable to a fine of one thousand dollars, to be recovered by ^,^"®^°J,ono indictment in any court proper to try the same. [Ap- ^ ^'^ ' * proved by the Governor, May 20, 1852.] An Act in addition to An Act to provide for the Adoption of Children. Chat). 262 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the aiithority of the same, as follows : s,,tio„ ,,,„„d Shot. 1. Section second of chapter three hundred and ^^ actJ'o7i8.5i twenty-four, of the acts of one thousand eight hundred and amended. 184 1852. Chap. 262—264. fifty-one, is hereby so amended, that if there be no mother of such child, and the father shall be imprisoned in the State prison or house of correction for a term of three years or upwards, the consent to such adoption may be given by the legal guardian of such child. [Approved by the Governor, Map 20, 1852.] C^hnn 26^^ "^^ ^^^ ^^ addition to " An Act to incorporate the Trustees of the Tufts -t ' College." Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as folloivs : Provisions of Sect. 1. All the provisions of chapter one hundred forty- chap. 141,18.52, one of the acts of the year one thousand eight hundred weU to^Sonier- and fifty-two, entitled " An Act to incorporate the Trustees viUe as Med- of the Tufts College," shall apply and remain in full force, if the said college shall be established in the town of Som- erville, in the same manner as if established in the town of Medford, as contemplated in said act. [Apjiroved by the Governor, May 20, 1852.] Chat). 264 -^^ ^^^ ^'^ incorporate the Ashburton House Company. Be it enacted by the Senate and House of Represetita- tives, in General Court assembled, and by the authority of the satne, as follows : Corporators. Sect. 1. Henry Plympton, George A. Doane, George Passarow, their associates and successors, are hereby made a corporation by the name of the Ashburton House Com- Purpose. pany, for the purpose of erecting and maintaining a public house in the county of Suffolk, to be called the Ashburton Powers, liabiii- House ; with all the powers and privileges, and subject to chapttr '44^R." ^11 the dutics, liabilities, and restrictions, set forth in the s. forty-fourth chapter of the Revised Statutes. May hold real Sect. 2. Said Corporation may hold real and personal and perspnal estate uecessary and convenient for the pm-pose aforesaid, ooo! ^ ' not exceeding in amount five hundred thousand dollars : No shares is- provided, that no shares in the capital stock thereof shall be sued under issued for a less sum or amount, to be paid in on each, than ^^^' the par value of the shares first issued. No intoxicat- Sect. 3. If any ardent spirits or intoxicating drinks of ing drinks ; any kind whatever, shall be sold by said corporation, or by nuis^thi^ act" their agents or lessees, or by persons in their employ in said house, then this act shall be void. Takes eflect. Sect. 4. Tliis act shall take effect from and after its passage. [Approved by the Governor, May 20, 1852.] 1852. Chap. 265—266. 185 An Act to incorporate the Franklin Mutual Fire Insurance Company. Chan. 265 Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Nathaniel Ingalls, Isaac Brown, David S. Neal, their as- Coiporators. sociates and successors, are hereby made a corporation by the name of the Franklin Mutual Fire Insurance Company, in the city of Lynn, for the term of twenty-eight years, for the purpose of insuring dwelling-houses and other buildings, Purpose, and personal property, against loss by fire, with all the pow- ers and privileges, and subject to all the duties, liabilities, Powers, du- and restrictions, set forth in the thirty-seventh and forty- as^'^n 'chapter ' fourth chapters of the Revised Statutes, and in all subse- 37 and 44 r. s. quent acts relating to mutual fire insurance companies. [Approved by the Governor, May 20, 1852.] An Act in relation to the City of Boston. Chan. 266 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The board of aldermen of the city of Boston Twelve alder- shall, commencing with the ensuing municipal year, consist ™e"' one from of twelve persons ; and the legal voters of each ward shall chosen at same be annually called upon to give in their votes for one per- ^'^^ ^^^ ^^^' son. being an inhabitant of said ward, to be a member of council, said board of aldermen, to be chosen in the same form and manner, and at the same time as now provided by law for the election of members of the common council. Sect. 2. The legal voters of each ward of said city xwo assistant shall, commencing with the ensuing municipal year, be assessors in annually called upon to vote for two assistant assessors,v who . shall be inhabitants of said ward, and who shall be chosen in the same manner and form, and at the same time as is provided in the foregoing section for the election of aldermen. Sect. 3. Whenever the mayor and aldermen of the city How streets, of Boston shall adjudge that the public safety and conve- [^"^^'i^f^^o^t® nience require that any street, lane, or alley in the said city altered, &c. shall be laid out, altered, or discontinued, they shall make and record an estimate of the expense thereof, and if such estimate shall exceed the sum of five thousand dollars, or if such estimate with the estimates of any previous alteration or discontinuance of any part of such street, lane, or alley, -^vhcn over during the municipal year, shall exceed the sum of five ,s; woo, concur- thousand dollars, the order for such laying out, alteration, [.^on^council or discontinuance, together with an estimate of the expense required. 24 186 1852. Chap. 266—268. thereof, shall be sent to the common council for its concur- rence or rejection ; and such order shall not take etfect or be in force until the common council shall concur therein. Proceedings Sect. 4. No crectlou, alteration, or repair of any court- when public house, jail, house of correction, fire-proof office, or any other to^beerecte'd. building, for the purposes of the county of Suffolk, shall be made by the mayor and aldermen of the said city, except as herein provided, to wit : whenever the mayor and alder- men shall by vote declare that such erection, alteration, or repair is necessary or expedient, they shall make and record an estimate of the expense thereof, and if such estimate shall exceed the sum of five thousand dollars, a copy of the said vote and estimate shall be sent to the common council for its concurrence, rejection, or amendment ; and all acts or parts of acts inconsistent with this act are repealed. Not to take Sect. 5. The first four sections of this act shaU not go effect till a c- jj^^q effect unless they be approved by a maiority of the Toters. legal voters of the city of Boston, voting thereon, severally, by yea and nay ballot, in their respective wards, at the an- nual election of State officers in November next ; and the mayor and aldermen of the said city shall insert in the war- rant for the aforesaid election an article submitting the afore- said question to the decision of the said legal voters of the city of Boston. yApproved by the Governor^ May 20, 1852.] Ohon 267 ^^ ^^^ ^^ addition to an Act to establish the office of Assistant Clerk of -* ' the Courts in the County of Middlesex. Be it enacted by the Setiate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Salary 51200. Sect. 1. The assistant clerk of the courts in the county of Middlesex shall receive for his services as assistant clerk of said courts, the sum of twelve hundred dollars a year, to be retained and paid to him by the clerk of said courts, from the residue of fees which he is now required to pay to the county treasurer. Sect. 2. So much of the act to which this is in addition, as is inconsistent with this act, is hereby repealed. Takes effect. Sect. 3. This act shall take effect from and after its passage. [Approved by the Governor, May 20, 1852.] Chat) 268 "^^ ^^^ concerning the Triton Mutual Marine Insurance Company. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The Triton Mutual Marine Insurance Com- pany, in the city of Boston, in addition to the powers 1852. Chap. 268—270. 187 and privileges already granted to it by law, may make in- May insure, on suranee, on the mutual principle, against losses by fire ; and "j'^^uai prind- for this purpose shall have all the powers and privileges, Uisse^'s^by'^fire. and be subject to all the duties, liabilities, and restrictions, Powers, &c., set forth in the thirty-seventh chapter of the Revised Stat- 3?, r"|^p^^' utes, and in all subsequent acts relating to mutual fire insur- ance companies. " *^ ^ Sect. 2. If said company shall file a notice of its if said compa- acceptance of its act of incorporation, passed on the thirti- "^ fo-f ^"^ '^o^ eth of April, one thousand eight hundred and fifty-one, days,^it win be with the secretary of the Commonwealth, within thirty deemed full days after the passage of this act, it shall be deemed to have &c!^ '^^^^' fully complied to all intents and purposes with the provi- sions of the twenty-first chapter of the act of the year one thousand eight hundred and forty-two, entitled An Act concerning Insurance Companies. Sect. 3. Said company shall hereafter be known and called by the name of the Triton Insurance Company. Sect. 4. This act shall take effect on and after its Takes effect, acceptance by a vote of a majority of the members of said company, present and voting at a legal meeting called for that purpose. [Approved by the Governor, May 20, 1852.] An Act rekting to the Treasurer of the State Lunatic Hospital. ChaD 269 Be it enacted by the Senate and House of Representa- tives^ in General Court assembled, and by the authority of the same, as follows : Sect. 1. The report of the treasurer of the State Luna- Annual report tic Hospital, now required by law to be made annually to bemadtTtr *° the governor and council, shall hereafter be made to the trustees. trustees of the said hospital, at their annual meeting, in the month of December; and the said trustees shall audit the same and transmit it with their annual report to the gov- ernor and council. Sect. 2. The accounts and books of the said treasurer Books open to shall at all times be open to the inspection of said trustees, trustees. [Approved by the Governor, May 20, 1852.] An Act to incorporate the Middleborough House. Chat). 270 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Philander Washburn, Peter H. Pierce, George Corporators. Waterman, their associates and successors, are hereby made a corporation by the name of the Middleborough House, 188 1852. Chap. 270—272. Public house for the purpose of erecting in the town of Middleborough, borouehf" buildings necessary and convenient for a public house, with Powers &c. ^^^ ^^® powers and privileges, and subject to all the liabili- ties, duties, and restrictions, set forth in the forty-fourth chapter of the Revised Statutes. May hold real Sect. 2. Said Corporation may hold such real and per- and personal sonal property as may be necessary and convenient for the purposes aforesaid, not exceeding in amount twenty thou- No shares is- sand dollars : provided, that no shares in the capital stock par vafue ^^''^ ^^ ^^^^ corporation shall be issued for a less sum or amount, to be actually paid in on each, than the par value of the shares which shall be first issued. And if any ardent JNo intoxica- spirits, or intoxicating drinks of any kind whatever, shall ting drinks, ^g g^j^j j-^y gg^j^j company, or by agents, lessees, or persons in its employ, in any of said buildings, then this act shall be void. [Approved by the Governor, May 20, 1852.] Chap. 271 -^^ ^^^ *° incorporate the "Sailors' Snug Harbor of Boston." Be it enacted by the Seriate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Corporators Sect. 1. P. Greely, Jr., R. B. Forbes, Josiah Bacon, their associates and successors, are hereby made a corpora- tion, by the name of the Sailors' Snug Harbor of Boston, Purpose, re- for the purpose of relieving and supporting decrepit, infirm, lieving, &c., Qj. a^ed sailors : with all the powers and privilesres, and iniirni sailors. .*-* ' , ,■*, ,,,~ Powers liabii- subject to all the duties, restrictions, and liabilities, set forth ities, &c. in the forty-fourth chapter of the Revised Statutes. May receive Sect. 2. Said Corporation may receive and take by pur-- real or person- chase, grant, dcvisc, bequest, or donation, any real or pioper y. personal property, and hold the same for the purposes afore- said, and may manage and dispose of the same according Whole proper- to their discretion : provided, that the whole amount of real ceed°S'50 000 ^"^ personal property held and possessed by said corpora- tion shall not exceed in value, at any one time, the sum of fifty thousand dollars. [Approved by the Governor, May 20, 1852.] Chun. 272 "^" ^^^ ^" addition to " An Act to anthorize the organization of the Serpen- "' tine Paint and Fire-Brick Company." Be it enacted by the Seriate and House of Representa- tives, in General Court assem^bled, and by the authority of the sa7ne, as follows : Charter Sect. 1. The charter of the Serpentine Paint and Fire- amended. Brick Company is hereby so amended as to authorize the said company to establish their manufactory either in the town of Chester or the city of Springfield. 1852. Chap. 272—274. 189 Sect. 2. This act shall take effect from and after its passage. [Approved by the Governor, May 20, 1852.] An Act to incorporate the Roger Sherman Hotel Company. ChaiJ. 273 Be it enacted by the Senate aiid House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Charles Porter, J. R. Nichols, James E. Ames, their associates and successors, are hereby made a corpora- tion, by the name of the Roger Sherman Hotel Company, for the purpose of erecting in the town of Haverhill, build- in Haverhill, ings necessary and convenient for a public house, with all pg^^g^s liabil- the powers and privileges, and subject to all the duties, lia- ities, &c., as bilities, and restrictions, set forth in the forty-fourth chapter Rev^rid staf- of the Revised Statutes. utes. Sect. 2. Said corporation may hold such real and per- May hold real sonal property as may be necessary and convenient for the ^^^ personal r • ■> f ' ■ 1 property. purposes aforesaid, not exceeding in amount sixty thousand dollars : provided, that no shares in the capital stock of said No shares less corporation shall be issued for a less sum or amount, to be than par value. actually paid in on each, than the par value of the shares which shall be first issued. Sect. 3. If any ardent spirits or intoxicating drinks of No intoxica- any kind whatever shall be sold by said company, or by ^^°s tirmks. their agents, lessees, or persons in their employ, in any of said buildings, then this act shall be void. [Approved by the Governor, May 20, 1852.] An Act concerning Persons under Sentence of Death. Ckap. 274 Be it enacted by the Senate and House of Representa- tives^ in General Court assembled, and by the authority of the same, as follows : Sect. 1. When any person shall be convicted of any Persons sen- crime punishable with death, and sentenced to suffer such g^aif^jirg^'^^e'^ punishment, he shall, at the same time, be sentenced to sentenced to hard labor in the State prison, until such punishment of ^^rd_iabor^one death shall be inflicted. prison. Sect, 2. And no person so imprisoned shall be executed proceedings in pursuance of such sentence within one year from the day g^^^j^°"^ *" such sentence of death was passed, nor until the whole re- cord of such proceedings or case shall be certified by the clerk of the court which passed the sentence, under the seal thereof, to the governor, nor until a warrant shall be issued by the governor, with advice of the council, under the great seal, with a copy of the record thereunto annexed, com- 190 1852. Chap. 274—275. manding the sheriff of the county in which the trial was had, to cause execution to be done. Clerk of court Sect. 3. The clerk of the court which passed the sen- ^haii certify, ^gfjce shall Certify the record of the proceedings, or case, under the seal of said court, to the governor, within one month after such sentence is passed ; and if said clerk shall neglect so to certify such record, he shall be liable to Penalty for ne- a penalty of One thousand dollars, to be recovered by indict- giect. ment in any court competent to try the same. Takes effect. Sect. 4. This act shall have no effect in any case now pending. [Approved by the Governor^ May 20, 1852.] Chan. 275 -^^ ^^^ '" relation to Paupers having no settlement in this Commonwealth. Be it enacted by the Senate and House of Represetita- tives, ill General Court assembled, and by the autliority of the same, as follows : Three commis- Sect. 1. His excellency the governor, with the advice sionerstose- and conscnt of the council, is hereby authorized and em- bijildins three powercd to appoint a board of three commissioners, who alms-houses, ghall select and purchase three sites for the purpose of erect- ing on each of them a building which shall be suflicient for the accommodation of five hundred inmates, a superintend- ent and his family, and all necessary subordinate officers ; one of which sites shall be in the county of Middlesex or the county of Essex ; one in the county of Bristol or the county of Plymouth, and one in some town of the Com- monwealth west of the town of Brookfield. Powers and du- Sect. 2. The Said Commissioners shall cause to be ties of commis- erected on each of said sites a building of the capacity Furn[sh the aforesaid, and shall properly furnish the same, and shall buildings, em- also causc to be constructed such workshops, and make p oy agents. ^^^^^ other provision for labor in connection therewith, as they may deem proper, and may purchase as much land attached to said buildings as, in their opinion, may be use- fully devoted to such purpose ; and they shall have power to make all contracts and employ all agents necessary to carry into effect the powers hereinbefore granted. Governor to Sect. 3. After tlie completion of such buildings the proclaim com- governor, upon being notified of that fact by the said com- y ^ ^°'^" missioners, shall issue his proclamation accordingly ; and Cities and thereupon the several cities and towns in the Common- towns to sead ^^.gjji^l^ gi^all have a right to send to one of said institu- paupei . tions, to be maintained at the public expense, all paupers not having a settlement within the Commonwealth, who are then receiving support from, or who may thereafterward fall into, distress in said cities or towns ; that is to say, the cities and towns in the counties of Suffolk, Middlesex, or 1852. Chap. 275. 191 Essex, may send such persons to the institution to be estab- lished as aforesaid in the county of Middlesex or the county of Essex ; the cities and towns in the counties of Norfolk, Bristol, Plymouth, Barnstable, Nantucket, or Dukes county, to the institution to be establislied as aforesaid in the county of Bristol or the county of Plymouth ; and the remaining cities and towns in the Commonwealth to the institution to be established as aforesaid in the western part of the Commonwealth. Sect. 4. No city or town shall receive any payment or No pay after allowance from the Commonwealth for the expense of sup- thirty days. porting any such pauper incurred more than thirty days after the issuing of such proclamation. Sect. 5. The governor, with the advice and consent of Governor to the council, shall appoint a superintendent of each of said ?PPO'nt super- institutions, whose salary shall be one thousand dollars per annum, and w^ho shall receive no other compensation or perquisite for his services, excepting the right to reside with his family, in the building under his care ; and it shall be his duty to receive all paupers sent as aforesaid with a pro- Duty. per certificate from the mayor of the city, or one of the overseers of the poor of the town from which they may be so sent, and to provide for them under such rules and regu- lations as shall be established in the manner hereinafter provided. Sect. 6. The governor, with the advice and consent of Three inspect- the council, shall appoint for each of said institutions three °'^^- inspectors, residing in the immediate vicinity thereof, re- spectively, who shall receive a salary of one hundred dol- lars each, whose duty it shall be to establish rules and Duties. regulations for the proper management and government of said institution, subject to the approval of the governor, and to see that all such rules and regulations are enforced. And each of said institutions shall be visited by one of said inspectors at least once in each week. Sect. 7. The said inspectors shall have the same power May bind mi- to bind as apprentices, minors who are inmates of the insti- norsto.ippren- 11.1 !•• • ticeship. tution under their charge, the same authority in causing the inmates of said institution to be returned to the place May return ia- or country from which they came, and the same authority '"^'^^• in regard to the removal of lunatics to the State Lunatic Hospital, as is now vested in the overseers of the poor in the several cities and towns in the Commonwealth. Sect. 8. Each city and town shill be allowed, for the Expense of expense of transporting such paupers as aforesaid to said tnin^portiug institutions, ten cents for each mile of the distance from said city or town to said institution ; to be paid from the treasury of the Commonwealth upon the certificate of 192 1852. Chap. 275. the superintendent of the institution where such pauper shall be received. Penalty for Sect. 9. If any inmate of either of said institutions, tutioa^ ^°^^'' above the age of sixteen years, shall leave the same without the consent of the inspectors thereof, and shall, within one year from the time of such leaving, be found within any city or town of the Commonwealth soliciting public or pri- vate charity, he shall, upon complaint and proof thereof, before any police court or justice of the peace, be punished Imprisonment, by confinement to hard labor in the house of correction for the county within which he shall be so found, for a term not exceeding three months. Inspectors to Sect. 10. It shall be the duty of the inspectors afore- audit all accts. gr^^^j ^q audit all the accounts of the superintendents of the tendents, and Said respective institutions ; and to report to the governor report to gov- jj^j^^j council iu the month of December, annually, the state of the institution under their charge, and the expenses, in detail, of said institution for the year next preceding said report. Commission- Sect. 11. The said commissioners are hereby authorized buiidin<^s^on ^^ P^^ ^^^ buildiugs belonging to the Commonwealth on Kainsford's Rainsford's Island, in the harbor of Boston, in a proper Island. state of repair for the reception of sick persons, and for the Expenses not accommodation of proper attendants : provided., however, srooir^*^ that the expense of such repairs shall not exceed the sum of five thousand dollars. And after the issuing of his procla- Foreign pau- mation by the governor, as is hereinbefore provided, all for- pers to be sent eiffn pauucrs arrivinff by water within the Commonwealth to one of the ?^^, ^ic-i i i, c- institutions, who cannot, on account oi sickness, be removed to one ot the institutions aforesaid, shall, during the continuance of such inability, be supported at said island ; and the gov- ernor is hereby authorized, by and with the consent of the council, to appoint such officers and attendants, and to ordain and establish such rules and regulations for the gov- ernment and supporting of the said paupers, and to establish such compensation for said officers and attendants, as he may think proper, until the further action in the premises of the Legislature. Expenses may Sect. 12. To defray any expenses for the purchases, be paid by buildings, and repairs hereinbefore authorized, the treasurer ' ' of the Commonwealth is hereby empowered, under the direction of the governor, with the advice and consent of the council, to issue scrip or certificates of debt, in the name and behalf of the Commonwealth, and under his signature and the seal of the Commonwealth, to an amount not ex- ceeding one hundred thousand dollars, bearing an interest of five per cent, per annum, payable semi-annually, with warrants for the interest attached thereto, which scrip or 1852. Chap. 275—276. 193 certificates shall be redeemable in twenty years from the date thereof, and shall be countersigned by the governor and be deemed a pledge of the faith and credit of the Com- monwealth. And the said treasurer may, under the direc- Treasurer may tion of the governor, dispose of any portion of said scrip at dispose of any price not less than its par value. ^°'^'^' Sect. 13. Three thousand dollars annually shall be ^3000 to be re- reserved from the amount received from alien passengers ^^'^'^^^' arriving in the Commonwealth, to constitute a sinking fund for the redemption of the scrip issued as hereinbefore authorized. Sect. 14. The amount of expenses and liabilities for Amount of ex- said purchases, buildings, and repairs, shall not exceed the exceed scrip *° amount of said scrip and the amount of preiTuum received upon the sale thereof. Sect. 15. If said institutions are ready for the reception if institutions of inmates before the first day of February next, the gov- ^^^J^^J ^^\y. ernor is hereby authorized to draw his warrant upon the trea- emor may sury for all expenses incurred in the support of such inmates fJr^expense"' until the said first day of February. Sect. 16. This act shall take effect from and after its passage. [Approved by the Governor^ May 20, 1852.] An Act to incorporate the Hampden Railroad Company. Chcip. 276 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Abner Post, James Fowler, Ira Yeamans, Jr., Corporators. Matthew Ives, N. T. Leonard, their associates and suc- cessors, are hereby made a corporation by the name of the Hampden Railroad Company, with all the powers and pri- Powers, re- vileges, and subject to all the duties, restrictions, and liabili- 44"a'i^d 39'Re-' ties, set forth in the forty-fourth chapter of the Revised vised statutes. Statutes, and in that part of the thirty-ninth chapter of the said statutes, relating to railroad corporations, and in all stat- utes subsequently passed relating to railroad corporations. Sect. 2. Said corporation may construct and maintain Location and a railroad from some convenient point near the depot of the termmi. Western Railroad, in Westfield, thence on or near the line of the canal to the line of the State of Connecticut to some convenient point in the town of Granby. Sect. 3. The capital stock of said corporation shall Capital stock, consist of seventeen hundred and fifty shares, of one hun- ^^^foVeachfnot dred dollars each, and no assessment shall be made thereon to be assessed of a greater amount in the whole than one hundred dollars ^{ooper^Jhare. on each share ; and no share in the capital stock of .said corporation shall be issued for a less sum or amount, to be 25 194 1852. Chap. 276—277. No share to be actually paid in on each, than the par value of the shares than par value which shall be first issued ; and the said corporation may May hold ne- Purchase and hold such real estate, materials, engines, and cessary real cars, and othcr things, as may be necessary for depots for estat^e!"^^"^^^ the use of said road, and for the transportation of persons, goods, and merchandise. May unite with Sect. 4. Said corporation may enter upon and unite ^ad!^'^^ ^^^^' their railroad by proper turnouts and switches, with the Western Railroad, at some convenient point at or near the depot of said road in Westfield, and may use the same under the provisions and restrictions of the laws relating to railroads in this Commonwealth. Location to be Sect. 5. If the location of said railroad shall not be years^anTraii- ^^^^^ according to law withiu two ycars, and if the said road con- railroad shall not be constructed within three years from threfyears, or 'the passage of this act, this act shall be void. act void. Sect. 6. If any subscriber or shareholder shall refuse or If any sub- neglect to pay the assessments as they become due, so far to'pay assess- as is necessary to comply with the eighth section of this ments, stock ^^^i i\^q directors may declare his stock forfeited, with the u6Cl3.T6CI tor™ ■' •' ' feited, sums of money, if any, which have been paid on them, and assign the shares to some responsible person or persons, who are willing to subscribe for the same. Construction Sect. 7. The said corporation shall not commence the not to be com- construction of their road, or any part thereof, until a cer- ^rtificate tificate shall have been filed in the office of the secretary of filed. the Commonwealth, subscribed and sworn to by the presi- dent of the said company, and a majority of the directors thereof, stating that all of the stock named in their charter has been subscribed for by responsible parties, and that twenty per cent, of the par value of each and every share of the stock thereof has been actually paid into the treasury of the company. Takes effect. Sect. 8. This act shall take effect from and after its passage. [Approved by the Governor, May 20, 1852.] ChaD 277 ^" ^^^ *° incorporate the Boston Theatre. Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. David Sears, John E. Thayer, Gardner Brewer, their associates and successors, are hereby made a corporation by the name of the Boston Theatre, for the purpose of erecting and maintaining in the city of Boston Powers liabiii- ^ building suitable for a theatre and opera-house : with all ties, &c., as in the powers and privileges, and subject to all the duties, lia- 1852. Chap. 277—279. 195 bilities, and restrictions, set forth in the forty-fourth chapter chapter 44 R. of the Revised Statutes. ^* Sect. 2. Said corporation may hold real and personal May hold real estate necessary and convenient for the purpose aforesaid, e"tate^'^s250^ not exceeding in amount two hundred and fifty thousand ooo. dollars : provided^ that no shares in the capital stock shall No shares is- be issued for a less sum or amount, to be paid in on each, ^^^^ under than the par value of the shares that shall he, first issued. Sect. 3. If any ardent spirits or intoxicating drinks of No intoxicat- any kind shall be sold in said building by said corporation, ^^^ drinks, their agents, lessees, or persons in their employ, then this act shall be void. [Approved by the Governor, May 20, 1852.] An Act to increase the capital stock of the Boston Wharf Company. ChaV- 278 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : The Boston Wharf Company is hereby authorized to May increase increase its capital stock by an amount not exceeding two S^240,ooo in 1*63.1 Alld. OGIT* hundred and forty thousand dollars, and may invest such sonal estate. increase in real and personal estate, necessary and con- venient for the purposes for which it was incorporated : pro- vided, that no shares in said capital stock shall be issued for no shares is- a less sum or amount, to be paid in on each, than the par sued under value of the shares as fixed by an act passed in the year one thousand eight hundred and thirty-eight, entitled An Act in addition to an act to incorporate the Boston Wharf Company. [Approved by the Governor, May 20, 1852.] An Act concerning Alien Passengers. Chap. 279 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the sam,e, as follows : Sect. 1. The fifth section of the act entitled " An Act Act of 1848 ai- concerning Alien Passengers," approved on the tenth day of t^red. May in the year one thousand eight hundred and forty- eight, is hereby amended so as to read as follows : If on examination there shall be found among said pas- what passen- sengers any lunatic, idiotic, deaf and dumb, blind, or maimed gers not to ^ jir l3.nd. 6XC6Dt on person, no such person shall be permitted to land unm'^the surety. master, owner, consignee, or agent of such vessel shall make and deliver to said superintendent a bond to the Common- wealth, with satisfactory sureties in the sum of one thou- sand dollars, conditi9ned that such passenger shall not, 196 1852. Chap. 279—280. within ten years from the date of said bond, become a city, town, or State charge within this Commonwealth. And in Other passen- respect to every other of said passengers the said superin- orl2°ea?h^'^*^'' tendcnt before he shall be permitted to land, shall require a bond, secured as aforesaid, in the sum of three hundred dollars, conditioned that such person shall not become a charge as aforesaid within five years from the date of said bond : provided^ hoivever, that in lieu of the bond lastly above-mentioned the said superintendent may receive from said master, owner, consignee, or agent, such sum as in his judgment shall be sufficient to cover the risk incurred by the Commonwealth in permitting such passenger to be landed, and thereupon permit such passenger to be landed ; provided, that the sum so to be paid shall in no case be less than two dollars ; and the names of all such pas- sengers shall be certified by said superintendent on the Sick and desti- back of the report : cmd provided, further, that if any pas- v^^'d^for ^'^°" sengers so arriving as aforesaid are so sick or destitute as to require relief, and if said master shall refuse to report them, or if said master, ( owner, consignee, or agent shall refuse to give such bond as is herein required, the said superintendent may permit them to be landed, and in such cases any city or town that shall be put to any expense for the support, sickness, or burial of any such passenger, within ten years of the time he has so landed, may maintain an action of debt against said master, owner, consignee, or agent, and recover all expenses incurred as aforesaid ; and said commanding officer, owner, consignee, or agent, shall be liable to the penalties provided in the tenth section of this act. Takes effect. Sect. 2. This act shall take effect from and after its passage. [Approved by the Governor, May 20, 1852.] L'tiap. ^OU ^^ ^^^ jjj addition to an act to establish an additional District for the administration of the Criminal Law. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as folloivs : Sect. 1. An act to establish an additional district for t^'^uke^ttec?^ the administration of the criminal law, passed on the on passage of seventh day of May instant, shall take effect from and after *^^^" the passage of this act, instead of the tenth day of May as pr«^fllled in that act. , '.^^ Sect. 2. This act shall take effect from and aH^ its Takes effect, pj^gg^ge. [Approved by the Governor, May 20, 1852.] 1852. Chap. 281—283. 197 An Act relating to the Board of Persons confined for Debt. Chai) ^Sl Be it enacted by the iSenate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : The sum allowed to the keepers of jails for the board of Jailor's pay for persons confined on mesne process, or execution, shall here- o?s^same ab'^for after be the same as that now by law allowed for the board criminals. of criminals confined in jails or houses of correction. [Ap- proved by the Governor, May 20, 1852.] An Act concerning Certificates of Elections. ChciJ) 282 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : No selectman of any town in this Commonwealth shall Fine for false give a certificate of election to any person voted for as a eiect^o°n*of rep- representative to the General Court, which certificate shall resentative. not be in accordance with the declaration of the vote in open town meeting at the time when the election so certi- fied took place, under a penalty of three hundred dollars. [Approved by the Governor, May 20, 1852.] An Act in addition to an Act concerning Truant Children and Absentees Chcil). 283 from Schools. ■* Be it enacted by the Senate and House of Representa- tives, in Genei'al Court assembled, and by the authority of the same, as follows : Sect. 1. Any minor between the ages of six and fifteen Truant chii- vears, convicted under the provisions of an act entitled '^'■^° V'^jJ^^ . « • m /-ii Ml It! 1 r punished by " An Act concernmg Truant Children and Absentees irom commitment, School," passed in the year one thousand eight hundred ^^■> i^^stead of and fifty, of being an habitual truant, or of not attending school, or of being without any regular and lawful occupa- tion, or growing up in ignorance, may, at the discretion of the justice of the peace or judicial officer having jurisdiction of the case, instead of the fine mentioned in the first section of said act, be committed to any such institution of instruc- tion, house of reformation, or suitable situation, as may be provided for the purpose under the authority given in said fijst section, for such time as such justice or judicial officer may determine, not exceeding one year. Sect. 2. Any minor convicted of either of said offences, Unahle to pay and sentenced to pay a fine as provided in the first section ^^^ ™.^y ^V^ 1-11--.1T- • irixf committed or of the act to which this is in addition, may, in default ot discharged. payment thereof, be committed to said institution of in- 198 1852. Chap. 283—284. struction, house of reformation, or suitable situation pro- vided as aforesaid, or to the county jail, as provided in case of non-payment of other fines. And upon proof that said minor is unable to pay said fine, and has no parent, guar- dian, or person chargeable with his support, able to pay the same, he may be discharged by said justice or judicial offi- cer, whenever he shall see fit. Final dis- Sect. 3, If any person so convicted be not discharged c arge. ^^ aforesaid, he shall be discharged according to the provi- sions of the third section of the one hundred and forty-fifth chapter of the Revised Statutes. When and how Sect. 4. The powers of the justice of the peace, or ju- dcetha'ifb''"*' ^^^^^^ officer Under this act and the act to which this is in continued. addition, in all unfinished cases, shall continue under any re-appointment to the same office, provided there be no interval between the expiration and re-appointment to said office. Third section Sect. 5. The third section of the act entitled " An Act repealed. concerning Truant Children and Absentees from School," passed in the year one thousand eight hundred and fifty, is hereby repealed. [Approved by the Governor^ May 20, 1852.] Chap. 284 An Act in addition to " An Act for the Better Security of the Ballot." Be it enacted by the Senate and House of Representa- tives, in General Court assembled^ and by the authority of the same, as follows : An unsealed Sect. 1. It shall be the duty of the selectmen of each envelope towu, and the warden and inspectors of every ward in |ec°ed, but'ff c^ch city of this Commonwealth, when acting under the received must provisions of an act entitled " An Act for the Better Secur- e counte . -^^ ^£ ^j^^ Ballot," passed in the year one thousand eight hundred and fifty-one, to refuse to receive any envelope which they shall know to be unsealed when offered at the ballot-box, but no envelope when once received by said officers, shall thereafter be rejected in consequence of its being found unsealed. Envelopes, Sect. 2. It shall be the further duty of the selectmen of blank votes. i, j ±u j j*xr j &c., not count- each town, and the wardens and inspectors oi every ward ed— how dis- in each city within the State, to retain and preserve, and pose o . make return, with their return of the number of votes cast at any election in which envelopes are required by law to be used, all such envelopes and votes, or blanks, as shall be rejected or not counted by them, under the pro- visions of the fifth section of the act aforesaid and the first section of this act, and the same shall be carefully retained 1852. Chap. 284. 199 and kept by the officers to whom they are returned, until the result of the election in which they were so rejected or not counted, shall be determined by the final judges of such election. Sect. 3. The persons appointed under the fourth section Persons in of the aforesaid act, to take charge of the envelopes at any charge of en- election, and distribute the same at the polls, shall be sworn l^oia^ by the town clerk, or any person authorized to administer oaths, to the faithful discharge of their duty when appointed, and they shall not act as vote distributors, and shall keep and distribute said envelopes to persons claiming to be voters, from the opening until the closing of the polls for the day of the election, in some convenient place in the same room where the ballots shall be deposited in the ballot-box. Sect. 4. Any selectman, clerk, warden, inspector, or Penalty of offi- distributor of envelopes appointed by the selectmen, or *'^" P'^^'ecting *^ rGQUirsu clu- warden and inspectors, who shall neglect to perform any ties. of the duties required by this act, shall, on conviction thereof, forfeit and pay to the treasurer of the Common- wealth, a sum not less than fifty nor more than five hundred dollars. Sect. 5. Every person who shall make, stamp, or sell Fine for coun- any envelopes, with the arms of this Commonwealth, in ygiopes^^ ^^' imitation of those required by law, and ordered by the sec- retary of the Commonwealth, and with the intent or design of evading any of the provisions of this act, or the act to which this is in addition, shall be liable to a fine of not less than five hundred dollars for each offence. Sect. 6. After the officers, whose duty it is to open the As to counting envelopes and count the votes, shall have opened the enve- votes, lopes, and taken the ballot or ballots therefrom, and said envelopes shall have passed from the hands of said officers, it shall not be lawful for them to count any vote that may afterwards be found in the envelopes that have been opened. Sect. 7. The secretary of the Commonwealth is hereby Envelopes fur- authorized to furnish the State envelopes in reasonable nished at cost, quantities, at cost, to any person wishing to purchase the same for use at the polls. [Approved by the Governor, May 20, 1852.] 200 1852. Chap. 285—288. Chan. 285 ^^ -^^^ ^" addition to an act to incorporate the Asiatic Mutual Marine In- surance Company. Be it enacted by the Senate and Honse of Representa- tives, in General Court assembled, and by the authority of the same, as follows : May insure Sect. 1. The Asiatic Mutual Marine Insurance Com- agamst lire, pany shall hereafter be known and called by the name of the Asiatic Mutual Insurance Company. Sect. 2. Said company may make insurance against loss by fire, on dwelling-houses and other buildings, and on personal property. [Approved by the Governor, May 20, 1852.] Chap. 286 -^^ ^^t requiring Auctioneers to make returns. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Shall make re- Sect. 1. All auctioneers in this Commonwealth shall b"Ts\Tui^^^ make their returns and pay the tax due thereon, to the 1852. ' treasurer of the Commonwealth, on or before the first day of July, one thousand eight hundred and fifty-two. Acts inconsis- Sect. 2. All acts and parts of acts inconsistent with tent repealed. |i^g foregoing section, are hereby repealed. [Approved by the Governor, May, 20 1852.] Chap. 287 -^^ ^^^ concerning the Counties in which Actions may be brought. Be it enacted by the Seiiate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Where trus- I^^ cascs of trustce proccss, if aU the persons named in tee process the Writ, as trustccs, have usual places of business in one may e serve . ^Q^j-^^y^ ^j^g -^^^j^ may be returnable in that county, other- wise it may be returnable in any county in which either of the persons named in the writ as trustees has a usual place of business, without regard to the domicil of the principal parties. [Approved by the Governor, May 20, 1852.] Chan 288 An Act relating to the Court of Common Pleas in the County of Essex. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : The October Sect. 1. The term of the Court of Common Pleas, P."hriibcheld which is now by law to be lioldcn at Ipswich, in the county at Lawrence of Essex, on the sccond Monday of October, shall, in the 1852. Chap. 288—289. 201 year one thousand eis^ht hundred and fifty-two, and each instead of ips- year thereafter, be holden at Lawrence, in said county, on nio'^ja'tionT™' the second INIonday of October : proi'ided, the inhabitants without ex- of said town of Lawrence shall provide the same accom- ^y"^^® ^° *^°'"^" modation for the holding of said term as is now provided for the holding of the December term of said court in said town, and without expense to said county, for the term of eight years. Sect. 2. All appeals, recognizances, and processes, and All appeals, every other matter of a criminal nature, which would be recognizances, *■ ' (XC. to D6 c&r- returnable to, and have day in the Court of Common Pleas, ried toLaw- to be holden at Ipswich as aforesaid, if this act had not ^^^'^s- been passed, shall be returnable to and have day in said court, at the term hereby established at Lawrence. Sect. 3. If in the opinion of the county commissioners if it shall be of said county it shall be necessary, in consequence of the fieemed neces- r , • • •! • -IT • 1 sary to erect passage of this act, to erect a jail in said Lawrence, with county build- all the necessary appurtenances and conveniences for the i""^'^^^.*'°.'^°' <> • • 1 11 1 1 • 1 ty commission- safe keeping of prisoners, it shall be their duty to erect the crs shall erect same : provided, the inhabitants of said town of Lawrence ^hloii°&c°'^" shall provide for the use of said county a suitable site for the same, to the acceptance of the county commissioners, and within reasonable time after they shall have been thereto requested. Sect. 4. All acts and parts of acts inconsistent with Acts inconsis- the provisions of this act, are hereby repealed. ^^^' repealed. Sect. 5. This act shall take effect from and after its 'i'akes effect, passage. [Approved by the Governor, May 20, 1852.] An Act relating to Returns by Justices of the Peace and other Officers. Chap. 289 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. All justices of the peace shall, on or before the Returns of jus- fifteenth day of January of each year, return to the secre- when and^how tary of the Commonwealth, under oath, a true statement of made. all criminal causes which shall have been commenced or examined before them during the year ending on the thirty- first day of the preceding month of December, setting forth therein the date of such examinations, the names of the parties prosecuted, the crimes, offences, or misdemeanors, for which such prosecutions were had, the results thereof, the judgment of the court thereon, the amount of the bill of costs in each case and how the same was paid, together with a specific account of the fines and forfeitures received to the use of the Commonwealth or other public authority. 26 202 1852. Chap. 289—290. Eeturn of all Sect. 2. It shall be the duty of all officers who are re- moneys, quired by the two hundred and sixteenth chapter of the statutes of the year one thousand eight hundred and fifty- one, to make returns of all moneys received by them by virtue of their office, also to state what disposition has been made of the same. Penalty for ne- Sect. 3. If any officer shall neglect or omit to make gleet. ^\^Q returns required by this act, he shall forfeit the sum of two hundred dollars, to be recovered by complaint in any court competent to try the same. Secretary to Sect. 4. The secretary of the Commonwealth shall an- ^nish forms, nually, in the month of 'November, furnish to the public officers mentioned in the second section of this act, blank forms of returns, together with a copy of this act ; and he shall prepare suitable yearly abstracts of such returns, and lay the same before the General Court. [Approved by the Governor, May 20, 1852.] ChciV. 290 ^° ^^^ ^° ^^^ °^ ^ P^*- °^ *'^® Town of Florida and annex the same to the ■^' Town of Clarksburg. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Lineof separa- Sect. 1. So much of the town of Florida, in the county tion. of Berkshh'e, as lies westerly of the following described line, is hereby set off from said town of Florida and annexed to said town of Clarksburg, to wit : — Beginning at the north- east corner of the town of Adams, thence running easterly on the south line of lot (No. 124) to the southeast corner of said lot, thence northerly on the east line of said lot to the north-east corner of the same, thence easterly to the south- east corner of lot No. 123, thence northerly on the east line of lots Nos. 123, 122, 121, 120, and in the same straight Land set off line to Vermont line. Provided, hoivever, that the land thus ®^^^] P^^Jff^t^ set off shall be holden to pay all taxes which shall have ed. been assessed upon the same prior to the passage oi this act, in the same manner as if this act had not been passed: and provided, further, that all persons who have gained a legal settlement in Florida by residence on said territory, or by having been proprietors of any part thereof, or who may derive such settlement from any such resident or proprietor, and shall stand in need of relief or support as paupers, shall Paupers sup- be relieved and supported by said town of Clarksburg, in ported by the Same manner as if they had srained a le^al settlement Clarksburg. • ,i , ^ JO & m that town. Takes effect. Sect. 2. TMs act shall take effect from and after its passage. [Approt^ed by the Governor, May 20, 1852.] 1852. Chap. 291—293. 203 An Act in addition to the several Acts for the relief of Insolvent Debtors Chat) 291 and the more Equal Distribution of their Effects. ■* * Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and hy the authority of the same, as follows : Sect. 1. So much of the fourth section of the three Commission- hundred and fourth chapter of the statutes of one thousand "^' courts not eight hundred and forty-eight as requires the commissioners shire town, of insolvency, appointed under said act, to hold a court in the shire town of their respective counties on the first Tuesday of every month, is hereby repealed. Sect. 2. No person shall act as counsel or attorney in Clerk must not any case pending before a commissioner of insolvency in bea"°"iey. which such person is clerk. Sect. 3. No commissioner of insolvency shall act as No commis- such for any person or persons, in any case or cases, if he be^en^emDio^ed has previously been employed as counsel or attorney for as attorney such person or persons, in regard to any matters which will ^*^ ^'^^^ be affected by proceedings in insolvency. Sect. 4. If any person shall be guilty of a violation of Penalty for the provisions of this act he shall forthwith be removed 'Violation, from his said office of clerk or commissioner as the case may be. [Approved hy the Governor, May 20, 1852.] An Act relating to Trust Estates. Chap. 292 Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and hy the authority of the same, as follows : Sect. 1. "Whenever property shall be held in trust for When married the benefit of any married woman, her receipt for the in- ^g1™^^g* ^y^\A come of the same, or any part thereof, shall be a sufficient discharge to the trustee, although the husband of said mar- ried woman shall not join in said receipt. \Approved hy the Governor, May 20, 1852.] An Act in addition to the several Acts for the relief of Insolvent Debtors, Chat). 293 Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, afid hy the authority of the same, as follows : Any creditor who has proved his claim before any com- creditor may missioner of insolvency, may signify his assent in writing ^f^ent to a dis- to the discharge of the insolvent debtor, notwithstanding ing an appeal, an appeal from the allowance of his claim may be pending ; and such assent, if made within the time prescribed by law, 204 1852. Chap. 293—295. shall have the same effect as if no appeal had been taken : provided, such claim shall be finally allowed, and not other- wise. [Approved by the Governor, May 20, 1852.] Chap. 294 -^^ ^^^ *° facilitate the Settlement of the Estates of Deceased Persons. Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Right of action Sect. 1. Whenever, by the provisions of the sixty-sixth of creditor vs. chapter of the Revised Statutes, the right of action of any administrator Creditor of the estate of a deceased person, against the ex- limited to two ecutor or administrator of such person, is limited to the of four^except, space of four years from the date of the bond of such exec- &c. &c. utor or administrator, or from any other time therein men- tioned, such right of action shall be hereafter limited to the space of two years from such time. Sect. 2. When any executor or administrator shall die, resign, or be removed, without having fully administered the estate of the deceased, and a new administrator shall be appointed, such new administrator shall be liable to the actions of the creditors for the space of two years after he shall have given bond for the discharge of his trust. {Ap- proved by the Governor, May 20, 1852,] Chat)' 295 -^^ ^^^ ^° incorporate the Atmospheric Telegraph Company. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as folloios : Corporators. Ithiel S. Richardson, Thomas J. Whittemore, Charles Stodder, their associates and successors, are hereby made a corporation by the name of the Atmospheric Telegraph Purpose of Company, in Boston, for the purpose of constructing and tek^ra'^h"^ ^ maintaining an atmospheric telegraph on the principle of the invention of Ithiel S. Richardson, in svich place within the State of Massachusetts as the company may elect : No land taken Provided, hoiuevcr, no land or other property, of any person, without con- shall be taken without his consent, and also for the purpose ^^° ■ of obtaining letters-patent for the said discovery in the dif- Capitai stock, f^rent countries of Europe, with a capital stock of not less than twenty thousand nor more than fifty thousand dol- lars, subject to all the powers and privileges and to all Powers, liabili- the duties, restrictions, and liabilities, set forth in the thirty- ties, &c. eighth and forty-fourth chapters of the Revised Statutes : Capital stock provided, also, that the capital stock of said company shall nottobeissued ^ot be issucd for a less sum or amount per share, to be ac- lor less tn 1 • T-. 1 T-» • 1 1 • 1 • stock m bouth said South Reading Branch Railroad in their own name or Reading in the name of trustees : provided, that if the Eastern Rail- ^'^')|*''^ ^^'^" road Company hold, purchase, or control the major part of the stock of said South Reading Branch Railroad, they shall run passenger and freight trains as provided in the first section. commission ers 212 1852. Chap. 305—306. Disagreeing, Sect. 3. If any disagreement shall arise as to what may ciaVcourt'to^' ^^ considered reasonable accommodation to the public and appoint com- busincss along the line of said railroad, from and between missioners. galem and Boston, the supreme judicial court, upon ap- plication of any person interested in the transportation of freight or passengers, either in term time or vacation, shall be authorized to appoint three commissioners to settle such disagreement, and said court are hereby invested with full equity powers to enforce the provisions of this act. Eastern Rail- Sect. 4. And whereas, the Eastern Raihoad Company chase^the^""^' have heretofore purchased, and placed in the names of in- whole of the dividuals for them, a majority of the stock of the South Reading "'^^ Reading Branch Railroad : Now, therefore, it is hereby Branch Rail- expressly provided, that the Eastern Railroad Company case'o^°disa- shall purchase all the stock of said South Reading Branch greement su- Railroad at such prices as may be agreed upon with the court^ mayhap- Several owners thereof, or in case of disagreement, then by point three three Commissioners appointed by the supreme judicial court upon application of any stockholder. It is, however, expressly provided, that in case said Eastern Railroad Com- If Eastern pany shall not take and pay for all of such stock at the gleet for nine- prices prescribed by said commissioners, if offered within ty days to ac- ninety days from the final return of said commissioners, or commissTo*n° fh^ acceptance of their report by said court, then all the ers, these pro- powers and privileges hereby granted to them shall cease and become inoperative, and in such case nothing herein contained shall be construed to sanction the purchase of any part of the stock of said South Reading Branch Rail- road, heretofore bought by them, and placed in the names of individuals as aforesaid, and they shall have no right whatever, directly or indirectly, to hold or to control such stock thus purchased, and no votes shall be given thereon, nor shall the same be represented at any corporate meeting, and said Eastern Railroad Company shall neither directly or indirectly exert any control over the operation of said South Reading Branch Railroad, or take, or hold any lease of the same. Takes efiect. Sect. 5. This act shall take effect from and after its passage. [A2)proved by the Governor, Mcuj 21, 1852.] Chap. 306 An Act concerning the Grand Junction Railroad and Depot Company, and thie Eastern Railroad Company. Be it enacted by the Senate and House of Representa- tives, in General Court assefnbled, and by the authority of the same, as follows : panies^°or°e'N' Sect. 1. The Grand Junction Railroad and Depot Com- ther, may con- pany, and Eastern Railroad Company, or either of them, 1852. Chap. 306. 213 arc hereby empowered to locate, construct, and maintain a stmct a branch branch railroad with one or more tracks, commencinsr at '^^^'■"^'^ *" , „ some convenient pomt m bomerville, on the hne of the said condition here Grand Junction Railroad as heretofore authorized to be specified. built ; thence on the easterly side of the Boston and Maine Railroad to some convenient point south from Cambridge street in Charlestown, where it may cross to the westerly side of said Boston and Maine Railroad, and from thence to Causeway street in the city of Boston, and thence, pro- vided the said companies so elect, to the north-westerly side of Market street, with the privilege of connecting with the May connect Boston and Maine Railroad at some convenient point, with with Boston the consent of said Boston and Maine Railroad : provided, Railroad. also, that said companies, or either of them, shall not by virtue hereof take any land in Boston easterly of the middle of the dock between Tilden's wharf and the freight station of the Boston and Maine Raikoad, except by consent of said parties, nor erect any part of their bridge so as to pre- vent access to said dock and freight station : and provided, Bridge, where aho, that in the construction of the bridge from prison point *°^ how made. bridge to the Boston shore, a clear passage shall be left bet^veen the main structure of said bridge to be con- structed and the island of the Boston and Maine Railroad, of not less than fifty feet, and also that the direction of said line shall be such that no part of the location where it crosses the prison point bridge, shall be west of a point thirty-live feet easterly from the east side of the draw of said bridge. K, in building said bridge near the island of said company heretofore mentioned, it shall be necessary to put any part of said bridge in the channel heretofore ex- cavated by said Boston and Maine Railroad, the said East- ern Railroad Company, or Grand Junction Raikoad and Depot Company, shall and they are hereby authorized to excavate an equal width on the opposite side of said chan- nel, so that the same shall have the same width as at pre- sent on the westerly side of said bridge : provided, however, that nothing in this act shall relieve the Boston and Maine road from their legal obligations to maintain said channel in all parts not covered by said bridge as they are now in law bound to do. Sect. 2. Instead of the route above described, in case a different said companies or either of them deem it for the safety '■°"'^!.!"*Fj^t • r -i !• II • 1 /^-( J substituted, lo- and convenience of the public travel, they, the said Grand cated, and con- junction Railroad and Depot Company and the Eastern ^^^^[^If' °'^ ^^' Railroad Company, or either of them, are hereby empowered to locate, construct, and maintain a branch railroad with one or more tracks, from some convenient point in the Grand Junction Raikoad, as now authorized to be built in Somer- 214 1852. Chap. 306. No land of Filchburg Railroad to be taken without consent. One route to be located in . one year, and completed in two years, or act void. Signals, &c., to be kept. Grand Junc- tion Railroad may hire or purchase of Eastern Rail- road property in East Bos- ton, Chelsea, &c. Eastern Rail- road may cre- ate new stock. Part of act of May 2, 1849, repealed. ville, on the easterly side of said Boston and Maine Rail- road to the westerly end of the passenger depot and buildings of said last-mentioned road, and westerly from Haverhill street : provided, that no land shall be taken now belonging to or within the location of said Boston and Maine Raihoad on the easterly side thereof and south from prison point bridge, without the consent of said company : and provided, also, that no land belonging to the Fitchburg Railroad Company shall be taken for the said branch, on the easterly side of the Boston and Maine Railroad, for depots or engine houses without the consent of said Fitchburg Railroad Company. Sect. 3. The said Grand Junction and Eastern Rail- road Companies, or either of them, in case of their election to build the last-mentioned branch, instead of that described in the first section of this act, shall have the right to take for the use of said last-mentioned branch the land lying in said Boston westerly of the centre of the dock aforesaid, and easterly of Andover street, subject to the provisions of the thirty-ninth chapter of the Revised Statutes, and any of the said railroad companies may exchange their lands and arrange their respective tracks so as best to avoid risk and danger to the public travel. Sect. 4. Unless said Grand Junction and Eastern Rail- road Companies, or one of them, shall locate one of the said routes within one year, and shall build and complete the said road within two years from the passage hereof, this act shall be void. Sect. 5. At the crossings of the Fitchburg Railroad, and Boston and Maine Railroad, the Grand Junction and Depot Company or Eastern Raihoad Company, shall keep and maintain such guards, signals, or other safeguards against accidents, as shall from time to time be prescribed by the county commissioners of the county of Middlesex. Sect. 6. The Grand Junction Railroad and Depot Com- pany are hereby empowered to hire or purchase that part of the track, buildings, franchise, and other property of the Eastern Railroad Company lying in East Boston and Chel- sea, and North Chelsea. Sect. 7. For the pin-poses of this act the Eastern Rail- road Company may create new stock to an amount not exceeding one million dollars, to be divided into shares of one hundred dollars each, and the said shares may be paid for in cash or in exchange for bonds of said corporation at not less than the par value of said stock. Sect. 8. So much of section first of the act entitled " An Act authorizing the Eastern Railroad Company to extend their road," approved the second day of May, in 1852. Chap. 306—307. 215 the year one thousand eight hundred and forty-nine, as authorized the extension of said Eastern Railroad westerly beyond the Salem turnpike, is hereby repealed. Sect. 9. In case any part of the property belonging to if certain land the Commonwealth, at or near the State prison, shall be ^^ fi^h"!^""" required for the purpose of this act, a commissioner on the quired, com- part of the Commonwealth shall be appointed by the gov- niissioner to ernor and council to settle the damage with said company p '^^ ^ • in such manner and upon such terms as he may deem best, or by a jury or a reference to arbitration to be mutually agreed upon by the parties. Sect. 10. The bridges shall be provided with suitable Bridges and draws, which, together with the bridsjes, shall be constructed '^^'^'^^ ^'^y% under the direction of a commissioner to be appointed by under commis- the governor and council, whose services shall be paid ^^°'^^^- for by said corporations or either of them, and the said companies shall at all times keep said draws in good repair and furnish men to open them for the passage of vessels either by day or by night: provided, hoivever, that said bridge shall not be constructed over twenty-sLx feet in width. Sect. 11. The motive power and the rate of speed for Crossing crossins; any of the streets in the city of Boston, as well as streets reguiat- , , . •^ GO. by rn3.vor the securities at the crossings, shall be regulated in such and aldermen, manner as shall be required by the mayor and aldermen of said city. [Approved by the Governor, May 21, 1852.] An Act in addition to an Act to secure to Mechanics and Laborers their (Jhnri 307 payment for Labor by a Lien on Real Estate. ^ ' Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Any person to whom any money shall be due Any person for labor, or for labor and materials expended in the erection (jue^on con*-°^'^ or repair of any building, by virtue of any contract with the tract tor erect- owner thereof, or other person having authority to contract jjjf buiidmg" for such labor, shall have a lien to secure the payment of such shall have lien money not exceeding the amount of said contract upon buiidL^!^ '^^ such building and the lot of land on which the same stands, to the same extent, and to be enforced in the same manner, as is provided for labor in the act entitled " An Act to se- cure to Mechanics and Laborers their payment for Labor by a Lien on Real Estate," passed in the year one thousand eight hundred and lifty-one : provided, hoivcver, that no lien No lien for ma- for materials shall attach to any building or land, unless the yi"ifi|an"'shaii person or persons claiming such lien shall, before furnishing hue first given such materials, have given notice in writing to the owner "^°'' ^^^f 'his""n- of the land, and to the person who has contracted with the tention, &c. 216 1852. Chap. 307—308. owner of the land, that he or they intend to claim such lien No mortgage for materials furnished as aforesaid : and provided, further,, contract to 'be ^'^^* nothing Contained in this act, or in the act to which atfected. this is an addition, shall be so construed as to affect any mortgage actually existing and duly recorded prior to the date of the contract under which the lien is claimed. Any number Sect. 2. Any number of persons who have actually who have la- performed labor on one or more buildings, upon different bored on same \ r-ii c \ building may lots of lands whcrc the labor was performed for the same forii'e'n^^'^''^'"'^ owner, contractors, or other person, may all join in the same petition for their respective liens, and the same proceedings Proceedings in shall be had ill regard to the respective rights of each peti- suci cabe. tioucr, and the respondent may defend as to each petitioner, in the same manner as if he had severally petitioned for his Each petition- individual lien : provided, that each petitioner so joined may nesTfOTothers^^ ^ witness for his joint petitioners, but not in his own case, subject only to the same exceptions as would invali- date his testimony if he were not joined in said petition. [Approved by the Governor, May 21, 1852.] Ckcin. 308 ^^ ^^^ '" addition to an Act for establishing an Academy in the South ■^ Precinct of Bridgewater, by the name of Bridgewater Academy. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, a?id by the authority of the same, as follows : Inhabitants of Sect. 1. The inhabitants of Bridgewater are hereby Bridgewater authorized to sciid annually from their public schools to may annually i t-» • i at i /• send rot ex- the Uridgcwater Academy such a number of pupils, not pupils^ ^°^^^ exceeding forty, as the trustees of said academy may think proper to admit without detriment to the interests of the county, on such terms as may be agreed on by the school committee and the trustees of said academy ; said pupils being entitled to remain two years in said academy, subject to such rules as apply to other pupils. School com- Sect. 2. The school committee for the time being shall mittee shall be jjg trustees of Said academy, entitled to the same privileges, and subject to the same liabilities as other members of the One member to board : j)>'ovided, however, that at least one member of said terT'""'' ^^^^' school committee shall be on the committee for the quar- terly examinations of said academy. Town pupils to Sect. 3. The pupils sent from the public schools of the schoo\'commit- fowu shall be selected by the town school committee, tee. Sect. 4. So long as the said inhabitants shall substan- Said inhabit- tially Comply with the requisitions of this act, the said town theycomp"?,'^^ of Bridgewater shall be exempted from all liabilities under &c., shall be the fifth scctioii of the twenty-thud chapter of the Revised sect'"!* di.' 23 Statutes of this Commonwealth. li. s. ' " ' 1852. Chap. 308—309. 217 Sect. 5. This act shall take effect as soon as the same Take effect shall have been accepted by the trustees of Bridgewater ^^ ^&c?&c^*" Academy and the inhabitants of the town of Bridgewater, and shall continue in operation two years from the time Continue two the same shall take effect. [Approved by the Governor^ yeaxs. May 21, 1852.] An Act to incorporate the Proprietors of the Winchester House, in Chap. 309 Winchester. -^ Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. F. O. Prince, O. R. Clark, and S. S. Richard- son, their associates and successors, are hereby made a corporation by the name of " The Proprietors of the Win- chester House," for the purpose of erecting a hotel or boarding-house, in the town of Winchester, and maintain- ing the same and the buildings and appurtenances con- nected therewith, and for those purposes, shall have all the powers and privileges, and be subject to all the duties, re- Powers, Habili- strictions, and limitations, set forth in the thirty-eighth and ss^^nd sir s forty-fourth chapters of the Revised Statutes : provided, ^^^^ corpora- * that said corporation shall not carry on the business of ho- tion not to car- tel or boarding-house keeping, or be in any way interested n-'^s°s^o'r^ beTn- in said business, and that no intoxicating liquors shall be terested. sold upon the preixdses by said corporation, its agents, or No mtoxicat- lessees. ^^^ ^'^ Sect. 2. The whole amount of real and personal estate, Capital stock. or capital stock, which said corporation may hold, shall not exceed thirty thousand dollars. Sect. 3. When any stockholder in this corporation shall Transfer of transfer his stock in this corporation, a certificate of such po°s'i^ed°'^m^* transfer shall forthwith be deposited with the town clerk of town clerk, the town of Winchester, who shall note the time when the same was deposited, and record the certificate at full length on the record book of the said town ; and no transfer of No transfer such stock shall be valid, as against the creditors of said creliitofs'tiii stockholders, until such certificate shall have been deposited certificate is 111/..! recorded. and recorded as aforesaid. Sect. 4. This act shall take effect from and after its Takes effect. passage. [Approved by the Governor, May 21, 1852.] 28 218 1852. -Chap. 310. Chap. 310 Line of separa tion from Lynn. To pay taxes specified. An Act to incorporate the Town of Swampscott. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. That portion of the city of Lynn lying easterly of a line commencing at a point upon the centre of the bridge which crosses Stacy's brook, so called, at King's beach, thence running from said point south twelve degrees east by compass to the ocean, and running north from said point twelve degrees west by compass to the line which separates the city of Lynn from the city of Salem, is hereby incorporated into a town by the name of Swampscott ; and the inhabitants of said town of Swampscott are hereby invested with all the powers and privileges, and shall be subjected to the duties and requisitions of other incorpo- rated towns, according to the constitution and laws of the Commonwealth. Sect. 2. The inhabitants of said town of Swampscott shall be holden to pay all arrears of taxes which have been assessed upon them by the city of Lynn, before the passing of this act, and also their proportion of all county and State taxes that may be assessed upon said city previously to the taking of the next State valuation, said proportion to be ascertained and determined by the last city valuation ; and Pay their pro- said town of Swampscott shall be holden to pay their pro- d°r*°'^ *d portion of the debts due and owing at the time of the pas- ceive^ proper- sage of this act, from the city of Lynn, and be entitled to tion of proper- receive of the city of Lynn their proportion of all the cor- porate property now owned by said city of Lynn, such proportion to be ascertained and determined by the last Lynn may col- Valuation of said city of Lynn : provided, however, that the lect taxes as- ^^^^ ^jp Lvnu shall be authorized to collect the tax which S6SS6CI tills J J _, year. may have been assessed by virtue of law on the first of May this current year, upon the inhabitants and owners of proper- ty in said Swampscott ; and the said city of Lynn, after de- ducting the reasonable expenses of assessing and collecting the same, shall account with and pay over the same to the town treasurer of said Swampscott; and said city of Lynn shall incur no hability for said town of Swampscott after the passage of this act. Sect. 3. Said city of Lynn and town of Swampscott shall be respectively liable for the support of all persons who now do, or hereafter shall, stand in need of relief as paupers, whose settlement was gained or derived from a settlement gained or derived within their respective limits. Sw^mpscott^ Sect. 4. In case said city of Lynn and town of Swamp- disagree the c. scott shall disagree in respect to a division of paupers, city Paupers, how supported. 1852. Chap. 310—311. 219 property, city del)ts, or State and county taxes, the court of c. P. may of common pleas for the county of Essex are hereby au- ^pp'^"!^ three ,.1 1111 T- r •!• CT persons. thorized to, and shall, on application oi said city oi Lynn, or of said town of Swampscott, appoint three disinterested persons to hear the parties and award thereon ; which award, when accepted by said court, shall be final. Sect. 5. The town of Swampscott shall, for the purpose Swampscott to of electing the representatives to the General Court, to Y^t^^i^^'^yi^'^ which the territory comprised in the city of Lynn is now tlves, entitled until the next decennial census, or until another apportionment of representatives be made, remain a part of the said city of Lynn. And the inhabitants of said Swamp- scott shall vote for the number of representatives which the city authorities of Lynn may decide shall be elected annu- ally in town meeting. And it shall be the duty of the selectmen of said Swampscott to preside at said town meet- ing, and receive the votes ; and the certificate thereof shall be made by the selectmen and certified by the town clerk of said Swampscott, whose duty it shall be to make return thereof to the mayor and aldermen of the said city of Lynn within forty-eight hours of the day of voting ; and the votes so returned shall be counted by the said mayor and alder- men as a part of the vote of the said city of Lynn. Sect. 6. Any justice of the peace in the county of Es- First meeting, sex is hereby authorized to issue his warrant to any princi- ^o^ called, pal inhabitant of the town of Swampscott, requiring him to warn the inhabitants of said town to meet at the time and place therein appointed, for the purpose of choosing all such town officers as towns are by law authorized and required to choose at their annual meetings. Sect. 7. This act shall take effect from and after its Takes effect. passage. [Approved hij the Governor^ May 21, 1852.] An Act relating to Insurance on Lives by Foreign Corporations. ChciD 311 Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. No life insurance company, unless incorporated Company out by the legislature of this Commonwealth, shall make any °^ ^*?*^ "?"if* '^ ~ ,. ^ . .,, . 1 • r, ., t ■ comply with contracts ot liie insurance within this State, until such in- this act. surance company shall have complied with the provisions of this act. Sect. 2. Every such insurance company shall, by a Some person in WTittcn power of attorney, appoint some citizen of this Jv^Jaith^TtTe Commonwealth, resident therein, its attorney, with power empowered, and authority to accept service of all lawful processes ^^' against such company in this Commonwealth, and to 220 1852.- -Chap. 311. Copy of power to be filed with secretary of Common- wealth. "VThen attorney dies or resigns a new one to be appointed. Service on at- torney same as on principals. Duties of at- torney pre- vious to pro- ceeding. cause an appearance to be entered in any action, in like manner as if such corporation had existed and been duly served with process within this State. Sect. 3. A copy of such power of attorney, duly certi- fied and authenticated, shall be filed with the secretary of State of this Commonwealth, and copies thereof duly cer- tified by said secretary shall be received in evidence in all courts of this Commonwealth. Sect. 4. K any such attorney shall die, or resign, or be removed, it shall be the duty of such corporation to make a new appointment, as aforesaid, and file a copy with the said secretary as above prescribed, so that at all times, and while any liability remains outstanding on such insurance, there shall be within this State an attorney authorized as aforesaid. And no such power of attorney shall be revoked until after a like power shall have been given to some com- petent person, and a copy thereof filed as aforesaid. Sect. 5. Service of process upon such attorney shall be deemed to be sufficient service upon his principals. Sect. 6. Every such attorney, before any insurance shall be made on the life of any person in this State, or any con- tract for insurance shall be entered into with any party resident in this State, shall deposit with the secretary of this State a copy of the charter of the company whose attorney he is, and a statement, signed and sworn to by a majority of the directors of said company, specifying the amount of its capital and all its assets, stating the manner of its investment, designating the amount invested in mortgages, and in public or other securities, particu- larizing each item of investment. And said attorney shall also annually, in the month of October, make a return to the said secretary, of the state and condition of the affairs of the company he represents, made up to some time betv\'"een the first of January and the first of July in each year, in the form following namely : Form of re- turn. Form of Return for Foreign Life Insurance Companies. Name of the company. Where located. Amount insured by existing policies. Present value of existing policies. Present value to the company of future premiums on these policies. State the name of the person or persons who made the calculations on which the answers to the two preceding statements were made. Amount of assets of the company. 1852. Chap. 311. 221 How invested. Amount due from the company for losses. Amount of other claims against the company, including dividends unpaid. Amount of all expenses the past year, including commis- sions paid to agents. Whicii return shall be signed and sworn to by a majority Return to be of the directors of said company : provided, that the deposit ^^^^'^to" & in the office of the treasm*er of the Commonwealth, in the kc. month of October in each year, of a copy of the last an- nual return and exhibit made to its members, verified by the oaths of a majority of its directors, by the attorney of any such company established without the limits of the United States, shall be a sufficient substitute for the return herein required. Sect. 7. No person shall be allowed to act as agent No agent au- for any life insurance company not incorporated in this u^'Jeg^/^^*' ^^^ Commonwealth, unless the capital stock and accumulated premiums of said company shall amount to one hundred thousand dollars actually paid in and invested otherwise than in notes of stockholders or those of holders of policies issued by the company. Sect. 8. K any such insurance company shall make Penalty for insurance as aforesaid without complying with the requisi- ™aking insnr- 3,nc6 contrBrv tions of this act, the contract shall be valid ; but the agent to this act. of such company acting within this State, respecting the eflecting of any policy of insurance, shall forfeit a sum not exceeding one thousand dollars, nor less than three hun- dred dollars, for each offence. And every person shall be deemed an agent of such company who shall receive or transmit proposals for insurance, or receive for delivery, policies founded on proposals forwarded from this State or otherAvise to procure insurance to be effected by such insur- ance company for persons residing in this State ; or who shall receive payment for such policies ; and shall be sub- ject to the restrictions and liable to the penalties specified in this act ; but the provisions of this section shall not apply to any clerk or messenger acting for such agent in the town or city where such agent may reside or have his place of business. Sect. 9. Every person acting as agent in this State for Acting agents any fife insurance company not incorporated by the Lesris- to mnke return - 1 •/ -i •/ o Q« oatH to lature of this Commonwealth, shall, on the first Monday of treasurer, &c. October in every year during the continuance of his agency, make a return on oath to the treasurer of the State of the amount insured or procured to be insured by him in this State as such agent, during the year preceding, and of the 222 1852.- -Chap. 311. Penalty if agent neglects to make re- turns and pay- ments. Shall give bonds. Agents' place of business designated by sign. Penalty for making insur- ance contrary to this act. Secretary, treasurer, and auditor a board of commission- ers. May query un- satisfactory statements. amount of premiums received and assessments collected during the said period, and shall at the same time pay to said treasurer a tax of one half of one per cent, on the amount of such premiums and assessments ; and the whole sum received for policies, whether paid in money or in notes, or both, shall be deemed to be premiums for the pur- poses of this section. Sect. 10. If any such agent shall neglect to make such returns and payments as are required in the preceding sec- tion, or if he shall make the same fraudulently or falsely, he shall for every such offence forfeit a sum not exceeding one thousand dollars. Sect. 11. Every such agent shall, before making or pro- curing to be made, any contract of insurance as aforesaid, give bond to the treasurer of the State, with two or more sureties to be approved by him, in the sum of not less than five hundred, nor more than three thousand, dollars, at the discretion of the treasurer, with conditions to make the an- nual return before required and to pay the tax. Sect. 12. Every such agent shall exhibit in conspicuous letters, on the sign designating his place of business, the name of the State under whose authority the company he represents has been incorporated. And said company and agent shall also have printed in large type the name of such State upon all policies issued to citizens of this Common- wealth, on all cards, placards, and pamphlets, and in all advertisements published, issued, or circulated in this State, by them or him, relating to the business of such company. Sect. 13. If any person shall undertake, as agent for any such company, to make or renew, directly or indirectly, any contract of insurance within this State, and with any person resident therein, without having complied with the requisitions of this act, or in any way contrary to the true intent and meaning thereof, he shall forfeit and pay for every such offence the sum of five hundred dollars. Sect. 14. The secretary, treasurer, and auditor of this Commonwealth are hereby constituted a board of insurance commissioners ; and it shall be their duty annually, in the month of November, to examine the statements and returns required to be made by the attorneys and agents aforesaid ; and if, in their opinion, any statement or return shall be obscure, defective, or in any respect unsatisfactory, it shall be -their duty immediately to require answers, under oath, from the attorney or agent by whom such obscure, defect- ive, or unsatisfactory statement or return shall have been deposited or made, to such interrogatories as they may deem necessary and proper to be answered, in order to ex- plain such statement or return, and exhibit a full and accu- 1852. Chap. 311—312. 223 rate view of the business and resources of the company represented by such attorney or agent. And if any attorney Penalty for re- or agent shall refuse or neglect to answer such inteiTogato- ^'4**"'^ *° t" ries for the space of sixty days, the company represented from Commis- by such attorney, and such agent, shall be deemed not to ^^^^^^^s- have complied with the provisions of the laws of this Com- monwealth, and such agent, if he continue to act as agent as aforesaid, shall be liable to the penalty' prescribed in the preceding section. And said commissioners shall prepare an abstract of the statements and returns made by such at- torneys and agents, which abstract shall be printed and laid before the Legislature in the month of January in each year ; the said commissioners may appoint any suitable person as actuary for the State to assist them in examining the statements and returns required by this section, and any other services convenient for carrvinof the provisions of this „ act into full effect. And for any services rendered and ex- compensation pense incurred in enforcing the provisions of this act, the f°' services ai- 1 ^ o ^ 1 7 lowed, by ffov- governor and council may audit and allow a reasonable emor and compensation. council. Sect. 15. The secretary of the Commonwealth shall Secretary to annually, in the month of June, furnish to each person ap- ^"™i*^ bi'^"^ pointed and authorized to act as attorney for any foreign life insm*ance company, four printed copies of the form of return required to be made by such attorneys by the sixth section of this act. Sect. 16. It shall be the duty of the aforesaid commis- sioners, and of the attorney-general and the district attor- neys of this Commonwealth, to cause the provisions of this act to be enforced. Sect. 17. All penalties recovered for violations of the provisions of this act shall go, one half to the person giving the information of such violations, and one half to the treasury of the Commonwealth. [Approved by the Gover- nor, Mcuj 22, 1852.] An Act relating to the Proceedings, Practice, and Rules of Evidence in QJidn, 312 Actions at Law. "' Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the aiithority of the same, as follows : Sect. 1. There shall be only three divisions of personal actions: First. — Actions of Contract, which shall include those Actions of now known as actions of assumpsit, covenant, and debt, '^°*^''*'^^- except for penalties. Second. — Actions of Tort, which shall include those Actions of now known as actions of trespass, trespass on the case, *°^*- trover, and all actions for penalties. 224 1852. Chap. 312. Actions of re- TJlh'd. AcTIONS OF E-EPLEVIN. P'®^^"' Sect. 2. The forms of declaring, in personal actions, Forms chang- ^vi^i^h have heretofore been used in this Commonwealth, shall be changed in the following particulars : First. — The action shall be named in conformity with the above-described division. Second. — No averment need be made which the law does not require to be proved. Substantial Third. — Only the substantive facts necessary to consti- f.icts only. -tute the cause of action need be stated, without unnecessary verbiage, and with substantial certainty. One count for Fourtli. — One couiit only need be inserted for each each cause, cause of actiou, but any number of breaches may be breaches. ^ assigned in each count, and when the nature of the case shall require it, breaches may be assigned in the alterna- tive ; but no two causes of action, not arising on the same contract, shall be embraced in any one count, except in the count on an account annexed as hereinafter provided. What counts Fifth. — Any number of counts for different causes of ^'\*^o''^"^^^ h ^^^i^^^i belonging to the same division of actions, may be joined. inserted in the same declaration. Actions of contract and actions of tort shall not be joined; but when it is deemed doubtful to which of those classes of actions a particular cause of action belongs, a count in contract may be joined with a count in tort, averring that both are for one and the same cause of action. Sixth. — The common counts shall not be used unitedly, as heretofore, but each one of those counts, in the form hereafter prescribed, may be used when the natural import of its terms correctly describes the cause of action. When account Seventh. — A count on an account annexed in the form annexed may hereafter prescribed, may be used in an action of contract, when one or more items are claimed, either of which would be correctly described by any one of the common counts according to the natural import of its terms. Trover abolish- Ei^htli. — The fomi of declaration heretofore used in the ^^- action of trover is abolished, and in place thereof shall be used the form hereafter prescribed. Written in- Ninth. — All written instruments except policies of insur- struments, ancc shall be declared on, or availed of, in the answer or on. subsequent allegation, by setting out a copy thereof, or of such part as is relied on, or the legal effect thereof, with proper averments to describe the cause of action or the defence. If the whole contract shall not be set out, a copy thereof, or the original, shall on motion of the adverse party be filed as the court shall direct ; and where it may be necessary, the copy so filed shall be part of the record, if the court shall so order, as if oyer had been granted of a deed de- 1852. Chap. 312. 225 clared on according to the common law ; but no profert or excuse therefor need be inserted in any declaration. If the instrument relied on be lost or destroyed, or not in the if lost, sub- power of the party who relies on it, he shall state the sub- stated. *°^^ stance of it as nearly as he can, and state the reason why a copy is not given. Tenth. — When a bond, or other conditional obligation. Bonds and contract, or grant shall be declared on, or when any condi- tionaiTon- " tional obligation, contract, or grant shall be availed of in tracts, how de- the answer or subsequent allegation, the condition shall be ''*^^^°'^' deemed part of the obligation, contract, or grant, and shall be set forth, and any breaches relied on shall be assigned ; and the conditions precedent, if any, to the right of the party relying thereon, shall be averred by him to have been performed, or his excuse, if any, for the non-performance thereof stated. And in real actions founded on mortgasre J." ^^^^ ^°" , 11111 •• 1 .~~ tions on mort- titlcs, the declaration shall allege the seizin to be " in mort- gage, seizin to crno-e " be alleged. Sect. 3. Persons severally liable upon contracts in Where several writing, including all parties to bills of exchange and pro- on^ bilk ^of^x- missory notes, may all, or any of them, be joined in the change and same action. The declaration may include one count only, no'tesfdedara- describing the several contracts of the defendants when the tions in such same contract was made by each or different counts, de- '^^^^^^ scribing the different contracts of the defendants, when, as in the case of maker and indorser, the same contract was not made by all. The court shall take such order for the Separate separate trial of the issues, if any, as shall be found most fng^in^'^^^ ' convenient, and shall enter several judgments according to the several contracts of the defendants, and issue one or more executions thereon, as the case may require. Sect. 4. In actions of contract, when either of the com- Bill of particu- mon counts is used, the plaintiff shall file a bill of particulars wheii^r*equked. with his wnrit, when the action shall be entered, and in all cases the court may order either party to file a statement of such particulars as may be necessary to give the other party and the court reasonable knowledge of the nature and grounds of the action or defence. And whenever such bill of particulars shall be filed, the items therein shall be num- bered consecutively, and it shall be deemed to be part of the record, and shall be answered or replied to as such. Sect. 5. If the plaintiff shall fail to give evidence at Counts not the trial, in support of any count in the declaration not stHcken^ift wholly or partly confessed by the answer, it shall forthwith be stricken out. And the court may, either of its own mo- Unnecessary tion, or upon motion of a party, require unnecessary counts ^""^^^ ^'^®' and statements to be stricken out of a declajation or any 29 226 1852.- -Chap. 312. No changes except herein expressed. No declaration in actions of contract or tort. Declaration to be filed first day of court. If no declara- tion in writ or filed, discon- tinued. Defendant to be defaulted last day, or in ten days, un- less affidavit filed of sub- stantial de- fence. Judgment four days from de- fault, or last day. General issue abolished ex- cept in real or mixed actions. subsequent proceeding, and it may impose such terms as may be deemed reasonable. Sect. 6. None of the provisions herein contained shall be deemed to change any of the rules of evidence, or the measure of damages, or the jurisdiction of any court, or the locality of any action, except so far as the same may be herein specially provided for. Sect. 7. In actions of contract and actions of tort, the writ need not contain any declaration, nor any description of the cause of action other than the name of the form of action in which it is intended to declare, unless an arrest of the person is made. Sect. 8. The declaration shall be filed in the clerk's office on or before the day to which the writ is returnable ; and if an attachment of property shall be made, the decla- ration and bill of particulars, when necessary, if not inserted in the writ, shall also be fm'nished to the defendant or his attorney within three days after he shall have demanded the same in writing of the plaintiff' or his attorney. Sect. 9. If no declaration shall have been inserted in the writ, or filed pursuant to the eighth section, it shall be a discontinuance of the action. And the defendant or trustee may have judgment for costs. Sect. 10. In all actions at law in the supreme judicial court or court of common pleas, the court shall, at any time after ten days from the return day of the writ, or as of course on the last day of the return term, enter a default as against any defendant on whom legal service has been made, unless the defendant, or some one in his behalf, shall have filed within said ten days, or on or before the last day of said term when the same may not exceed ten days, an affidavit that he verily believes that the defendant has a substantial defence to the action on its merits, and intends to bring the same to trial: provided, nevertheless, that in any case, upon good cause shown, the time for filing such affidavit may be extended for such reasonable time as the court may order. Sect. 11. It shall be competent for the court to enter up judgment, in all cases of default, at any time after four days from the day of such default, or judgment shall be entered, as of course on the last day of the term, unless otherwise ordered by the court. Sect. 12. The general issue as heretofore used, in all actions except real and mixed actions, is abolished, and in place thereof the defendants shall file an answer to the de- claration. When several SecT. 13. Two or more defendants making the same 1852. Chap. 312. 227 defence may answer jointly. Different consistent defences defendants may be separately stated in the same answer. may join. Sect. 14. The answer shall deny, in clear and precise substantive terms, every substantive fact intended to be denied in each facts denied or count of the declaration separately, or shall declare the p^ieaded!^* defendant's ignorance of the fact, so that he can neither admit nor deny, but leaves the plaintiff to prove the same. Sect. 15. In answering the common counts and the Answers and count on an account annexed, the defendant shall answer denials, when specifically every item contained in the bill of particulars, or account annexed, but he may make one and the same allegation or denial concerning any number of items to which such allegation or denial is applicable, specifying the number of the items thus answered together, when less than the whole. K the defendant shall deny that any item is due or payable, or that he owes the plaintiff as alleged, he shall state all the substantive grounds on which he in- tends to rest such denial, and shall specify whether some, and what part, or the whole of such item or demand, is denied. Sect. 16. In all cases in which a denial is made by an- Must declare swer, affidavit, or otherwise concerning a time, sum, quantity, ^^^^^^^"^3^^°^° or place alleged, the party denying shall declare whether such what part, is denial is applicable to every time, sum, quantity, or place, ^^• may hereafter be made by answer containing such allega- tions or denials as may be necessary to constitute such defence. Sect. 28. No action shall be defeated thereby, if the Action not to defect found, be capable of amendment, and be amended on ^^^g^e^^J^efett such terms as may be prescribed by the court ; and if any can be amend- issue of fact be found against the defendant, a final judg- ^'^• ment shall be rendered against him, as is now required by law in case of a plea in abatement ; and the defendant may have leave to amend such answer in abatement, or to answer over by special order of the court, for good cause shown, and not otherwise. 230 1852.- -Chap. 312. "When answer in abatement shall be over- ruled. In demurrer attorney shall declare it not intended for delay. Suit shall he deemed at is- sue when plea is filed. Court may al- low amend- ment in any stage ; any ne- cessary party may be joined as in chapter 100, R. a. Cause of ac- tion ; amend- ment ; notice to parties ; ap- peal, &c. S. J. C.andC. C. P. may frame, promul- gate, and alter necessary rules, &C. Sect. 29. When an answer in abatement shall be over- ruled on demurrer, or an amendment shall be allowed and made by the plaintiff in consequence of such answer in abatement, the defendant shall then answer, or, in a real, or mixed action, plead, to the merits, within such time as the court shall order. Sect. 30. When any demurrer shall be taken, the attor- ney, if any, shall certify at the foot of the demurrer, that he is of opinion that there is such probable ground in law for the demurrer as to make it a fit subject for judicial inquiry and trial, and that it is not intended merely for delay. Sect. 31. A suit shall be deemed at issue when the allegations are closed, or, if the same be a real or mixed action, when the plea is filed. Sect. 32. In any stage of a suit, before final judgment, the court may allow any amendment to enable the plaintiff to sustain the action for the same cause for which it was brought, or to enable the defendant to make a legal defence thereto ; and any necessary party may be brought before the court, and joined as a plaintiff or defendant in the manner provided in the one hundreth chapter of the Revised Stat- utes. Sect. 33. The cause of action shall be deemed to be the same for which the action was brought, when it shall be made to appear to the court that, in point of fact, it is the cause of action relied on by the plaintiff when the action was commenced, however the same may be misdescribed ; and the adjudication of the court allowing the amendment shall be conclusive evidence of the identity of the cause of action. But no subsequent attaching creditor or purchaser of any property attached in the suit or bail, or any person other than the parties to the record, shall be bound by such adjudication, unless he shall have had due notice of the application for leave to amend, and opportunity to be heard thereon, according to an order of notice to that effect to be issued by the court when applied for by the plaintiff, and such third parties shall have the right to except or appeal. Sect. 34. It shall be the duty of the supreme court and court of common pleas, respectively, to frame and promul- gate, and from time to time, as may be needful, change rules prescribing the terms upon which amendments will be allowed by the court, or some justice thereof, or upon which unnecessary counts and statements will be stricken out of the record ; which rules shall, as far as possible, be adapted to discourage negligence and deceit, to prevent delay, to secure parties from being misled, to place the party not in 1852. Chap. 312. 231. fault as nearly as possible in the same condition he would have been in if no mistake had been made to distinoruish betAveen form and substance, and to atlbrd known, fixed, and certain requisitions in place of the discretion of the court, or some justice thereof. Sect. 35. All orders allowing amendments before trial, Certain orders, or a supjilemental answer or replication, or enlarging time, fy''f,',J'trfaTmay and any other interlocutory order necessary to prepare the be made in case for a trial, may be made either by the court while in ^acatkin ^ ^^ session, or any justice thereof, in any county, either in term time or vacation ; but the several courts shall prescribe such fixed rules respecting notice, and the times and places for motions at chambers, and other matters, as they shall from time to time deem necessary. Sect. 36. Any of the orders mentioned in the preceding Any orders or section may be entered by consent, in writing, signed by partieTin writ- the parties or their attorneys; and all agreements of attor- ing shall be neys touching any suit or proceeding, shall be in writing ; otherwise. otherwise they shall be of no validity. Sect. 37. When the defendant relies on any claim by Declaration in way of set-off, he shall file with his answer a declaration ^^^-°^- adapted to such claim, entitling it a declaration in set-off; and all the subsequent allegations respecting the same shall be governed by the rules herein prescribed, as if an action had been brought for such claim. Sect. 38. When a writ of mandamus shall issue, the "Writ of man- person required to make return to such writ shall make his ceedingsr°' return to the first writ of mandamus, and the person suing such WTit, may, by an answer, traverse any material facts contained in such return, or demur thereto, and the parties having come to issue in the manner pointed out in this act, the same shall be tried, and if the party suing the writ shall maintain the issue on his part, his damages, if any, shall be assessed, and a judgment rendered that he recover the same with costs, and that a peremptory writ of mandamus be granted ; otherwise, the party making the return shall recover his costs. Sect. 39. No action for a false return to a writ of man- No action for damns shall hereafter be maintained. ^'^^^^ return. Sect. 40. The court may make rules, not only on a pe- Court may tition for a writ of mandamus, but upon and after the issu- ^re \nd^aftCT ing of the first writ of mandamus, calling upon any person first writ, other than the party to whom such writ is prayed to be, or has been, directed, having or claiming any right or interest in the subject matter of such writ, to show cause against the issuing of such writ ; and upon the appearance of such person, he shall be heard in such manner as the court may direct, and, in fit cases, may be allowed to frame and sign 232 1852. Chap. 312. the return to such first writ of mandamus, and to stand as the real party in the jDroceedings. On admittance Sect. 41. Li case any third person shall be admitted as — proceedrnRs ^^^^ ^^^^ P^rty, as is provided in the preceding section, the ' proceedings on such writ shall not abate or be discontinued by the death, resignation, or removal from office, by lapse of time, or otherwise, of the person to whom such writ was directed, and any peremptory writ shall be directed to his successor. When appiica- Sect. 42. Any person whose private right or interest tion may be has been injured, or is put in hazard by the exercise, by any Court. ' ' private corporation, or any persons claiming to be a private corporation, of a franchise or privilege not conferred by law, whether such person be a member of such corporation or not, may apply to the supreme judicial court for leave to file an information in the nature of a quo ivarranto. Such heard in Sect. 43. Such application may be made and heard in any county, ^j^y couuty whcrc the court is in session, either by a single judge or the full court. Application to Sect. 44. Upou the application for leave to file such tion summarily information, the court shall take order for a summary hear- heard. iug of the parties upon such application ; and if there shall appear probable cause to believe that the party complained of has exercised a franchise or privilege not conferred by law, and that thereby the private right or interest of the complainant has been injured, or is put in hazard, leave shall be granted to file such information. Such informa- Sect. 45. Such information shall be filed in the county cmTnty^of'de- where the party defendant has its principal place of busi- fendant. ucss ; and a copy of the information, with an order of notice thereon, returnable, and to be served, when and as the court in such order direct, shall be served on the defendant. Court may is- Sect. 46. The court shall have power, when leave is sue injunction, giygn to file such information, or at any time before final judgment, to issue a writ of injunction, restraining the party complained of, and its managers, servants, and agents, from exercising the franchise or privilege in question, until the further order of the court. Judgment, Sect. 47. If, upon such information, the attorney-gene- when^compl^e^t- ^^1 shall uot have intervened, as is hereinafter provided, and for costs. it shall be determined that the party complained of has ex- ercised a franchise or privilege not conferred by law, no judgment of forfeiture shall be entered, but the judgment shall be, that the corporation, if any, or the persons claim- ing to be a corporation, be perpetually excluded from such franchise or privilege, and that the directors, managers, or agents by whom such usurpation was made, do pay the legal costs of the proceeding, to be recovered by the com- plainant. 1852. Chap. 312. 233 Sect. 48. If, upon such information, it shall be adjudged Complaint not that the party complained of has not exercised any fran- feV/drut^has^^" chise or privilege not conferred by law, the defendant shall costs. recover against the complainant the legal costs of the pro- ceeding, which shall be the same as are allowed in actions at law. Sect. 49. "When an order of notice shall issue upon any Attorney-gen- such information, it shall be a part of such order, that a copy "^^. *° ^^''^ of such information be served on the attorney-general within such time as the court shall direct, and it shall be lawful for jjjs duty, the attorney-general, when he shall have good reason to believe there has been a usurpation of a franchise or privi- lege not conferred by law, to intervene and demand a judg- ment of fine and forfeiture ; and in such case he shall have the control of all future proceedings, and the court shall enter such judgment as may be required by the principles of tlie common law ; but the complainant in such case shall not responsible no longer be responsible for costs. for costs. Sect. oO. Nothing herein contained shall be deemed to Duty of attor- affect the duty of the attorney-general hereafter to proceed not affected. ex officio, in all cases in which he may now so proceed by law, nor to deprive any individual of the right to file an in- formation respecting the election or admission of an officer or member of a corporation. Sect. 51. None of the foregoing provisions, except those These provi- contained in section eight, nine, ten, twenty-one, twenty- ^a^Ji^^to^j^J'a^'^" two, twenty-three, twenty-eight, twenty-nine, thirty, thirty- and mixed ac- one, thirty -two, thirty-three, thirty-four, thirty-five, and '^''"^^^^-'^'^^P* ^^ thirty-sLx, shall be deemed applicable to real or mixed actions, unless specially named. Sect. 52. Any person in possession of real property, a possessor of claiming an estate of freehold, or an unexpired term of not [^^' estate ,," „,'...^, . hearing and less than ten years, may file a petition in the supreme ju- believing of an dicial court, setting forth his estate, whether of inheritance a^^^^^Y g\Y."^ for life or years, and describing the premises, and averring tion for trial, that he is credibly informed, and believes that the respond- *'^- ent makes some claim adverse to the estate of the petitioner, and praying that he may be summoned to show cause why he should not bring an action to try the alleged title, if any. And thereupon the court shall order notice to be given to Proceedings, the respondent, and upon return of such order of notice, duly executed, if the respondent so summoned shall make default, or, having appeared, shall disobey the lawful order of the court to bring an action and try the title, the court shall enter a decree that he be forever debarred and es- topped from having or claiming any right or title adverse to the petitioner, to the premises described. If the petitioner 30 234 1852. Chap. 312. If respondent appear and dis- claim, he re- covers cost — Contra. Proceedings. When action brought to foreclose mort- gage or for possession. In all real or mixed actions, if demandant die before judg- ment. "When person summoned as trustee, time to file answer, &c. Plaintiff may file written in- terrogatories. Answers must be filed in sev- en days. prefer, such a petition may be inserted like a declaration in a writ and served by copy like a writ of original summons. Sect. 53. If the respondent shall appear and disclaim all right and title adverse to the petitioner, he shall recover his costs. If he shall claim title, he shall by answer show cause why he should not be required to bring an action and try such title, and the court shall make such decree respect- ing the bringing and prosecuting of such action as may seem equitable and just. Sect. 54. When any real action shall be brought to foreclose a mortgage, or for possession under the same, the court, or any justice thereof, may, on the application of the demandant, either in term time or vacation, and in any county, issue a writ of injunction to stay any waste com- mitted or threatened by the defendant, or any one claiming under him, or acting by his permission, on the land mort- gaged. Sect. 55. In all real and mixed actions, if the demand- ant shall die before final judgment, his devisee of the land demanded, or right of action, if any, at the same term when the death is suggested, or within such further time as the court shall allow, may appear and prosecute the suit in the same manner as if it had been originally commenced by him. And if the first estate in possession under the devise shall not be a fee simple, the devisee of the first freehold estate in possession shall have the right to appear and prose- cute as aforesaid, and the judgment, if in his favor, shall be conformed to his title. Sect. 56. Any person summoned as a trustee shall appear and file his answer within the four first days of the return term of the writ in any county except Suffolk, and in Suffolk within the first ten days of the return term, or during the return term if the court shall not sit ten days in Suffolk, or four days in any other county, otherwise he shall, on motion of the plaintiff, be defaulted and adjudged a trustee : provided, however, that the court may, upon good cause shown, enlarge the time of filing such answer, and such answer shall disclose as plainly, fully, and particularly as is practicable, what goods, effects, or credits of the prin- cipal defendant, if any, were in the hands or possession of said supposed trustee at the time of the service of the writ upon the same, and shall be sworn to by the trustee, or in case of a corporation, by its president, treasurer, cashier, or other proper officer. Sect. 57. The plaintiff may, from time to time, exam- ine the su])posed trustee upon written interrogatories, filed in the clerk's office ; and the answers thereto shall be sworn to and filed in the clerk's office within seven days after no- 1852. Chap. 312. 235 tice to the said trustee or his attorney, of the filing of the said interrogatories, unless the court shall otherwise order. And if such answers are not so filed, the court may pass such order as the case may require. Sect. 58. If any trustee shall be so defaulted, and a if trustee de- scire facias shall be sued and prosecuted against him, it faulted, court shall be in the power of the court to make such order con- in sect. 59^ ch, cerning the costs as they may now do when the supposed ^^'^ ^- ^• trustee is defaulted, according to the fifty-ninth section of the one hundred and ninth chapter of the Revised Statutes. Sect. 59. If any excessive attachment of goods or es- in, case of es- tate shall be made on a writ in any civil action, the defend- cessive attach- ant may apply in writing, in any county, to any justice of ceedings. the court into which such writ is returnable, for a reduction of the amount of such attachment, and such justice shall order a notice to the plaintiff", returnable before himself or any other justice of the same court, where and as speedily as circumstances may permit ; and if upon summarily hear- ing the parties it shall be found that the attachment is ex- cessive, he shall order it to be reduced, or a part of the goods or estate to be released, and thereafter the attach- ment shall be deemed to be reduced or partially released, according to such order. Sect. 60. No person offered as a witness shall be ex- no person ex- cluded from fijivins^ evidence, either in person or bv deposi- duded as wit- . . . ^ ^ 1 . ... . . ^ , . '' ^ . ness by crime tion, in any proceeding, civil or criminal, in any court, or or interest, before any person having authority to receive evidence, by reason of incapacity from crime or interest ; but every per- son so offered shall be admitted to give evidence, notwith- standing he may have an interest in the matter in question, or may have been previously convicted of any offence ; but this act shall not render competent any party to a suit or proceeding who is not now by law rendered competent, nor the husband or wife of any such party. But nothing herein witnesses to contained shall be deemed applicable to the attesting wdt- '^'■^^^ excepted, nesses to any will or codicil. And the conviction of any crime may af- crime may be shown to affect the credibility of any person ^ect credibility, testifying. Sect. 61. In all civil actions the plaintiff" may at any in civil actions time after the entry of the action, and the defendant at any plaintiff or de- . •'. ' . . •' fendant may time atter answer, or, if it be a real or mixed action, alter file interroga- plea, and before the case is opened to the jury, file in the ^.""facts and°' clerk's office, interrogatories for the discovery of facts and documents, documents material to the support or defence of the suit, to be answered on oath by the adverse party. Sect. 62. To all such interrogatories there shall be an- Affidavit to be nexed an affidavit of the interrogating party or his attorney, te"rrogatories°" to the effect that he has reason to believe that the party 236 1852. Chap. 312. interrogating will derive some material benefit in the action from the discovery which he seeks, if the same be fairly- made, and that the discovery is not sought for the purpose of delay. Answers to in- Sect. 63. All such interrogatories shall be answered, terrogatories ^^^ such answers filed in the clerk's office, within ten days to be nled in - ■ n -i , ^ , • , i_ii- clerk's office, after the same are notified to the party mterrogated or his attorney, unless, upon cause shown, either before or after the lapse of ten days, further time should be allowed by the court. No trial to be Sect. 64. No trial shall be delayed for the reason that delayed, &c. interrogatories have been filed and the time allowed for answering the same has not elapsed, but the court may allow an examination during the trial, as is hereinafter pro- vided. Answers in Sect. 65. The aiiswers shall be in writing, signed by, writing and on ^^^ ^^p^^^ ^j^^ ^^^j^ ^f^ ^^^ p^^^^^ When acorpo- Sect. 66. If the party to any suit be a corporation, the ration is a par- opposite party may examine the president, treasurer, clerk, or any director or other officer of the corporation, in the same manner as if he were a party to the suit. Each interros- Sect. 67. Each interrogatory shall be answered sepa- atory shall be ratcly aud fuUy ; the party interrogated may introduce into yanswere . ^^^ answer any matter relevant to the issue to which the interrogatory relates. How interrog- Sect. 68. When any document, book, voucher, or other tainir '^matter writing Called for by any interrogatory, contains any matters impertinent not pertinent to the subject matter of the action, the answer may be answer- j-^g^y gQ state, and that such part has been sealed up or otherwise protected from examination, and thereupon such part shall not be inspected by the party interrogating ; but such party may apply to the court and obtain an order to have liberty to inspect the part so protected from examina- tion, or so much thereof as the court shall find, on hearing the parties, or, if necessary, by inspecting the part so pro- tected, was improperly withheld and concealed. Whatinterrocr- Sect. 69. The party interrogated shall not be obliged to atoriesniaynot answcr any questioii or produce any document, the answer- be answered. ^^^^ ^^ producing of which would tend to criminate himself, or disclose his title to any property, the title whereof is not material to the trial of the action in the course of which he is interrogated, or to disclose the names of the witnesses by whom, or the manner in which, he proposes to prove his own case. J. „„„„ Sect. 70. If any answer shall contain irrelevant matter, If answer con- icii ii -n ■ in tain irrelevant or shall not be luU and clear, or if any interrogatory shall matter. ^^^^^ ^^ answered, and the party interrogated shall refuse to expunge or amend, or to answer a particular interrogatory, 1852. Chap. 312. 237 the court, or any justice thereof, on motion, may order such Court may or- irrelevant matter to be expunged, or such imperfect answer ^^^' ^'^^ to be made full and clear, or such interrogatory to be an- swered within such time as may seem reasonable. Sect. 71. When an answer shall be adjudged irrelevant When answer or insufficient, or when a party shall be ordered to answer ^''J"'ised "- ' 111 • relevant court any mtcrrogatory, the court may make such order respectmg may order, &c. costs, either in the action or otherwise, as the court may by general rules direct, or as may be specially ordered in each case. Sect. 72. If any party shall neglect or refuse to expunge, When party amend, or answer, according to the requisition of this act, & J!!^ acconiins the court may enter a nonsuit or default, as the case may to requisition. require, and proceed thereon according to law. Sect. 73. The answer of each party may be read at the Rules as to trial by the other party as evidence ; the party interrogated answers being shall be entitled to require that the whole of the answers upon any one subject matter inquired of, shall be read, if any part of them shall be read ; but if no part of them be read, the party interrogated shall in no way avail himself of his examination, or the fact that he has been examined. Sect. 74. During the trial of any action, the court may court may al- allow interrogatories to be filed, to be answered forthwith, i"^ interroga- or with as little delay as practicable, and may suspend the filed during trial for the purpose of having the same answered ; but such '^'^'^l- interrogatories must be accompanied by an affidavit, stating Affidavit to ac- the reasons why they were not filed earlier, and unless the pompany such court, upon the whole matter, shall find that due diligence ries. " has been used, the interrogatories shall not be filed. Sect. 75. Neither the declaration, answer, nor any sub- Declaration, sequent allegation, shall be deemed evidence on the trial, answer, &c., 1 . " , . . ' no evidence. but allegations only whereby the party making them is bound. Sect. 76. The supreme judicial court and court of s. j. c. and c. common pleas are severally authorized to make, and from ofc. p. may • -If ^ II 1 1 make and time to time, as may be needful, to change, all such rules change rules, respecting the form of verdicts as they respectively may find necessary, to place upon the record the finding of the jury in matters of fact. Sect. 77. On a WTit of error in any civil action in which on writ of er- the defendant appeared and a verdict was rendered, no ror— proceed- error in law shall be assigned other than such as may have occurred after verdict; and no judgment which is in con- formity with the verdict shall be reversed because the same is not in conformity with the allegations of the parties. But nothing herein contained shall prevent either party from assigning any error aflecting the jurisdiction of the court. erroneous ve nue 238 1852. Chap. 312. No judgment Sect, 78. No judgment shall be arrested or reversed on or reveTsTd "fbr w^^' ^^ error, in any civil action, by reason of any mistake mistake in ve- respecting the venue of the action, whether such action be °"^' by law local, on account of its subject matter or any or all of its parties. Judgment Sect. 79. When judgment shall have been rendered in where'^ venue ^^^Y local actiou brought in an erroneous venue, the court was erroneous, shall cause its Writ of possession or other needful writ of TeciVd to offiifer execution to be directed to the sheriff of the proper county, ot proper c'y. or counties, so that the judgment may be duly executed. Local action Sect. 80. When it shall appear on a trial that a local brought in an actiou lias been brought in an erroneous venue, the court may, of its own motion, order a nonsuit to be entered, unless good cause shall be shown why the trial should be allowed to proceed. Wo allowance Sect. 81. No allowance shall hereafter be made to any hereafter for party in an action at law for attendance, but in place tendancefbut thereof there shall be taxed and allowed to the prevailing term fee. party the sum of four dollars in the supreme judicial court, and the sum of three dollars in the court of common pleas ; if the action is not on the trial list, the sum of five dollars in the supreme judicial court, and the sum of four dollars in the court of common pleas, for each term while the action shall be on the trial list. On removal of Sect. 82. In casc of the removal of any action from the ^'^^p^'^"^^* j^ court of common pleas to the supreme judicial court on c, proceed- the affidavit of the defendant, or any one in his behalf, ^°s^' the same shall be immediately transferred, with the papers therein, to the clerk of the said supreme judicial court, and shall be by him forthwith entered in said court at the charge of the party so removing the same, and the case shall proceed as if it had been originally commenced in said court. 4" etuSie" Sect. 83. All writs of execution hereafter issued shall in sixty days, be made returnable in sixty days after their date. The forms in Sect. 84. The foHTis Contained in the schedule annexed tMs^aet^m^a^Ybe ^^ ^^^^ ^^^ "^^y ^^ uscd in the sevcral courts of this Com- aitered by s. J. mouwealth, subjcct to be changed and modified from time Court. ^Q time by the supreme judicial court, by general rules made for that purpose. Proceedings in Sect. 85. In all proceedings in equity, the evidence equity, evi- shall be taken in the same manner as in suits at law, un- in law, except. Icss the court, for Special reasons, shall otherwise direct ; but this shall not prevent the use of affidavits where they are now allowed. &c!, "repealed, Sect. 86. The two hundred and thirty-third chapter of but no pending the 'acts of the year 1851, entitled " An Act to amend some fected. ° ^ * ot the Proceedings, Practice, and Rules of Evidence of the 1852. Chap. 312. 239 Courts of this Commonwealth," and the three hundred and twenty-fifth chapter of the acts of the same year, entitled " An Act concerning Proceedings and Practice in Civil Actions before Justices' Courts, Police Courts, Justices of the Peace, and Trial Justices," are hereby repealed ; but the repeal shall not affect any action pending when this act takes effect, as far as relates to the previous proceedings therein, but every such action which shall then have been entered in the supreme judicial court or court of common pleas shall be transferred to the terms of said courts respectively, which shall then be in session, or shall next be holden in the county where the same is pending ; and every action which shall have been then commenced, but not entered, shall be entered at and have day in the term commencing on the return day of the writ, or if no term of such court commences on that day, then at the term next there- after ; and the subsequent proceedings in every such action shall be according to the provisions of this act, except where the court shall otherwise order. Sect. 87. The first, second, third, fourth, sixth, thirty- Certain speci- second, thirty-third, sixtieth, sixty-first, sixty-second, sixty- ^^^ sections of third, sixty-tourth, sixty-fifth, sLxty-sixth, sixty-seventh, ply to civil ac- sixty-eighth, sixty-ninth, seventieth, seventy-first, seventy- ^^^ti^ces^^and second, seventy-third, seventy-fourth, seventy-fifth, eighty- police courts, third, and eighty-fourth sections of this act shall apply to '^•^• all civil actions before justices and police courts and jus- tices of the peace. Sect. 88. If the parties in any case agree to continue when parties said case until the next term of said court, the same shall '^P'^^ ^^ ^°^- be continued accordingly : provided, hoivever, that the court shall 'be con- may, by any general or special order, regulate the place on tinned. the docket in which said case shall stand at the next term ; and the parties to any action may make any agreement as to amendments, and as to the time of filing any papers in the case, which last-named agreement shall be equivalent to an order of the court to the same effect : provided, hoiv- ever, no such last-named agreement shall operate to post- pone the trial of such action beyond the time at which, by the rules of the court, the same would be tried. Sect. 89. When any party to any suit or proceeding when corpora- under this act, or the acts which are repealed by the same, tion is a party, is a corporation, all precepts, answers, replications, or other papers requiring the signature or oath of the party, may be signed or sworn to in behalf of said corporation by some ollicer or agent thereof specially authorized for that purpose. Sect. 90. In actions before such justices' courts, police in actions be- courts, or justices of the peace as aforesaid, the iuterroga- comt."' poiTce tories and answers provided for in the sixty-first, sixty-third, courts, &c., 240 1852. Chap. 312. interrogatories and sixty-fourth sectioiis may be filed before the said courts mlitbefiied^be- °^ justices respectively, and not in the clerk's office, as men- fore them and tioned in the said sections, and the interrogatories may be office"^ '^^"^^ filed by either party at any time after the commencement of the action, and the answers shall be filed within such time as the said courts or justices of the peace respectively shall order. Takes effect. Sect. 91. This act shall take effect on the first INIon- day of August next. SCHEDULE OF FORMS. ForTTis of Declarations in mictions of Contract. Commencement. To answer to A. B. of , in an action of contract. If the plaintiff is a minor, and sues by prochein ami, or sues as adminis- trator, or in any special character, it may be stated according to the established form. As it is not necessary to insert the declaration in the writ, it should be entitled, when filed separately, in the following form : ^•^- } Suffolk, C. C. Pleas. P *A C Plaintiff's declaration. Count for money had and received. — And the plaintiff says, the defendant owes him one hundred dollars for money received by the defendant to the plaintiff's use. Money lenl. — And the plaintiff says, the defendant owes him one hundred dollars for money lent by the plaintiff to the defendant ; — Good^ sold. — Also, that the defendant owes him dollars for goods sold by the plaintiff to the defendant ; — Work, — Also, that the defendant owes him dollars for work done by the plaintiff for the defendant: — Work and materials. — Also, tliat the defendant owes him dollars for work done, and materials found, by the plaintiff for the defendant ; — Board. — Also, that the defendant owes him dollars for board and lodging furnished by the plaintiff for the defendant. Freight. — For the carriage of certain goods by the plaintiff for the de- fendant. Warehouse room. — For warehouse room furnished by the plaintiff for the storage of certain goods of the defendant. Horse and carriage hire. — For tlie use of a certain horse and carriage hired of the plaintiff by the defendant Use and occupation. — For the use and occupation of a certain tenement hired of the plaintiff by the defendant. Insimtd compuiassenl. — For the balance found due to the plaintiff by the parties, on accounting together. Account annexed. — And the plaintiff says, the defendant owes him fifly dollars, according to the account hereto annexed. Payee of JVote against .Maker. And the plaintiff says, the defendant made a promissory note payable to the plaintiff or order, a copy whereof is hereto annexed. And the defendant owes the plaintiff the amount of said note and interest thereon. On .Vofe payable to Bearer. And the plaintiff says, the defendant made a promissory note, a copy of which is hereto annexed ; payable to one G. H., or bearer. And the plain- tiff is the bearer of said note, and the defendant owes him the amount of said note and interest thereon. 1852. Chap. 312. 241 [If payments are indorsed on the note, the declaration should be varied as fol- lows: " A copy whereof, with the indorsements thereon, is hereto annexed, and the defendant owes the plaintiff the balance of said note and interest thereon." If payments have been made which are not indorsed on the note, the allega- tion should be varied accordingly.] By Indorsee against Indorser. And the plaintiff says, that one C. D. made a promissory note, a copy of which wirh the indorsements thereon is hereto annexed, payable to the said E. F., or order ; and the said E. F. indorsed the same to the plaintiti'; and payment of said note was duly demanded of the said C. D., who neglected to pay the same, and due notice of its non-payment was given to the said E. F., and the said E. F. owes the plaintiff the amount of said note and in- terest thereon. On a Bond tPith Condition to pay certain Debts of the Plaintiff, and to pro- vide for his Support. And the plaintiff says, the defendant executed to him a bond, a copy whereof is hereto annexed ; And the plaintiff says, he owed to one O. P. the sum of one hundred dollars on a promissory note (describing it) which the defendant neglects to pay; Also, that he owed to one R. S. one hundred dollars, according to the account hereto annexed, which the defendant neglects lo pay ; Also, that the defendant neglects to provide clothing for the plaintiff. And the plaintiff has requested the defendant to pay said debts, and pro- vide for his support as mentioned in said bond — [To be inserted, if proof of the request is necessary.] By Grantee against Grantor in a Common Deed of Warranty, for Breaches of Covenant. And the plaintiff says, the defendant delivered to him a deed, a copy whereof is hereunto annexed ; And the defendant was not seized in fee of a part of the land described as follows (describing it), but the same was held adversely by one L. M. ; and the residue of said land was not free from incumbrances, but was sub- ject to a mortgage to one S. T., to secure the payment of sLx hundred dollars ; And the defendant has not warranted and defended the premises against the rightful claims of all persons, but one W. S. had a right of dower therein, and has compelled the plaintiff to assign the same to her. On an Award. And the plaintiff says, the parties, by their agreement in writing, a copy whereof is hereto annexed, referred the matters therein mentioned, to arbi- trators ; and the said arbitrators have made an award thereon in writing, a copy whereof is hereto annexed. [Aver performance of condition by plaintiff, when necessary to be proved, and the non-performance by defendant, which is relied on.] [If it is for the mere payment of money aver as follows, — ] And the defendant owes the plaintiff the amount of said award. On a Promise to pay the Debt of another. And the plaintiff says, that one E. F. owed him the sum of for , and the plaintiff was about to sue the said E. F. to recover the same ; And in consideration that the plaintiff would forbear to sue the said E. F., the defendant made an agreement to pay the same to the plaintiff, a copy whereof is hereto annexed ; and the plaintiff did forbear to sue the said E. F., and the defendant owes him the said sum. 31 242 1852. Chap. 312. On an Agreevient to convey Land on a certain day, Plaintiff to pay One Hundred Dollars Cash, and give a JVote for Four Hundred Dollars, secured by a Mortgage of the Land. And the plaintiff says the defendant made an agreement with the plain- tiff, in writing, a copy whereof is hereto affixed ; And on the day of , the plaintiff tendered to the defendant one hundred dollars, and also a note for four hundred dollars (describing it), and a mortgage of said land, to secure the payment of said note, and demanded of the defendant a conveyance of said land (following the terms of the agreement). For Breach oj Promise of Marriage. And the plaintiff says, that she and the defendant mutually promised to marry each other. And she has always been ready to marry the defendant, but the defendant refuses to perform his promise. JVon-delivery of Goods sold. And the plaintiff says he purchased of the defendant the following goods, viz. : for the sum of one hundred dollars, to be paid therefor, on delivery thereof; and the defendant promised to deliver the same on the day of , at the defendant's store in ; And on the said day, the plaintiff demanded said goods at said store, and tendered to the defendant said sum of one hundred dollars in payment of the same ; And the defendant refused to deliver the same to the plaintiff. On Policies of Insurance. 1. On a ship for a total loss. And the plaintiff says, the defendants made to him a policy of insurance, a copy of which is hereunto annexed, for the sura of ten thousand dollars, on the ship John, against the perils of the seas, and other perils therein mentioned, in a voyage from Boston to Cadiz, in Spain, and at and from Cadiz to her port of discharge in the United States ; and while proceeding on said voyage, the said ship was wrecked, and totally lost, by the perils of the seas; and the defendants had notice of said loss on the day of , and were bound to pay the amount of said loss to the plaintiff within sixty days after said notice ; and the defendants owe the plaintiff therefor the said sum often thousand dollars. 2. For a partial loss and contribution to a general average. (State, as in the last count, to the description of the voyage inclusive.) And in said policy, the defendants agreed, that in case of any loss or misfortune to said ship, it should be lawful for the plaintiff and his agents to labor for, and in the defence and recovery of, said ship, and that the de- fendants would contribute to the charges thereof in proportion as the sum assured by them should be to the whole sum at risk ; And, while proceeding on said voyage, the said ship was, by the perils of the seas, dismasted, and otherwise damaged in her hull, rigging, and appurtenances, and it was necessary, for the preservation of said ship and her cargo, to throw over a part of her cargo, and the same was thrown over for that purpose, and the plaintiff was obliged to expend the sum of two thousand dollars for repairing said ship at Cadiz, and the sum of five hun- dred dollars, as a contribution for the loss occasioned by throwing over a part of said cargo ; and the ship suffered much other damage that was not repaired at Cadiz ; — and the defendants had notice of said loss and charges, on the day of , and were bound by the terms of said policy to pay the same within sixty days after such notice, and the defendants owe the plaintiff therefor the sum of dollars. 1852. Chap. 312. 243 For a total loss of cargo by fire : And the plaintiff says, the defendants made to him a policy of insurance for the sum of ten thousand dollars, on the cargo of the brigantine Wil- liam, against the perils of fire and other perils therein mentioned, at and from Boston, and in a voyage from thence to Hamburgh, or any other port or ports in the north of Europe ; and while said brigantine was proceeding on said voyage, tiie said cargo was totally destroyed by fire ; and the de- fendants had notice of said loss on the day of , and were bound by the terms of said policy to pay the plaintiff the amount of said loss ; and the defendants owe the plaintiff therefor the sum of ten thousand dollars. Forms of Declarations in Actions of Tort, Beginning. — To answer A. B., of , in an action of tort. Trover. — And the plaintiff says, the defendant has converted to his own use one horse, tiie property of the plaintiff (or the goods mentioned in the schedule hereto annexed). [The ad damnum is a sufficient allegation of damage in all cases in which special damages are not claimed.] Deceit. — And the plaintiff says, the defendant sold to him ten bags of coffee, and to induce the plaintiff to buy the same the defendant falsely represented to him that said coffee was the property of the defend- ant ; and the plaintiff, believing that said representation was true, was thereby induced to purchase, and did purchase said coffee, and paid therefor to the defendant the sum of one hundred dollars ; and said coffee was not the property of the defendant, which the defend- ant then knew, but was the property of one A. S., who has taken the same from the plaintiff. And the plaintiff says, the defendant sold him a horse, for which the plaintiff paid him one hundred dollars. And to induce the plaintiff to buy said horse, the defendant falsely represented to the plaintiff that said horse was sound, so far as the defendant knew ; and the plaintiff, believing that said representation was true, was thereby induced to buy, and did buy said horse: and said horse was not sound, but had a certain disease called , which the defendant then knew ; And the plaintiff says, the defendant, to induce the plaintiff to sell property on credit to one S. C, falsely represented to the plaintiff, in writing, that the said S. C. was a man possessed of a large pro- perty, and able to pay his debts (a copy of which writing is hereto annexed). And thereupon, the plaintiff, believing said representation to be true, v/as induced to sell, and did sell, to said S. C, the goods mentioned in the account hereto annexed, and gave the said S. C. credit for the price of said goods, being dollars, for the term of six months from the day of . And the said S. C. was not a man of property, nor able to pay his debts, but was insolvent, which the defendant then knew. And the plaintiff has not been paid for said goods, and is unable to obtain payment therefor of the _ said S. C. JVegligence of Railroad Corporations. — And the plaintiff says, the defend- ants are a corporation, owning a railroad between A. and B. ; that plaintiff was a passenger on said railroad, and, by reason of the in- sufficiency of an axle of the car in which he was riding, the plaintiff was hurt ; that defendants did not use due care in reference to said axle, but plaintiff" did use due care. [This form may be varied to adapt it to many cases, simply by changing the allegation as to the cause of the accident. It is not intended to restrict a party to the statement of one cause, if there were several concurrent causes, and if the plaintiff is in doubt which of several different causes occasioned the acciaent, he may, under the twenty-fifth section, so declare.] 244 1852. Chap. 312. JVegligence of Town. — And the plaintiff says, there is in the town of - a public highway leading from to , which said defend- ants are bound to keep in repair ; — that the same was negligently suffered by defendants to be out of repair, whereby the plaintiff, travelling thereon, and using due care, was hurt. Obstructing Way. — And the plaintiff says, he owned a tract of land (de- scribing it), and there was a way leading to the same from (here mention the other terminus) which the plaintiff had a right to use as a foot-way and carriage-way ; and the defendant erected a fence across said way, and placed stones in the same, so that the plaintiff could not use the same. Immoderate Riding. — And the plaintiff says, the defendant hired of him a horse to ride from Boston to Cambridge, and from thence back to Boston, in a proper manner ; and the defendant rode said horse so immoderately that he became sick and lame, and was greatly injured in value. Slander. — And the plaintiff says, that the defendant publicly, falsely, and maliciously accused the plaintiff of the crime of perjury, by words spoken of the plaintiff substantially as follows. [Here set forth the ■words — no inuendoes are necessary.] [If the natural import of the words is not intelligible without further explana- tion or reference to facts understood but not mentioned, or parts of the conver- sation not stated, in either of those cases after setting forth the words, the declaration should contain a concise and clear statement of such things as are necessary to make the words relied on, intelligible to the court and jury in the same sense in which they were spoken. This rule is applicable to actions for written and printed, as well as oral, slander.] Libel. — And the plaintiff says, the defendant caused to be published in a newspaper (describing it) a false and malicious libel concerning the plaintiff', a copy wliereof is hereto annexed. (Or if it be a picture, it may be described.) Trespass to Person. — And the plaintiff says, the defendant made an assault upon him, and struck him on his head, and kept him imprisoned for the space of one day. Trespass to Land. — And the plaintiff says, the defendant forcibly entered the plaintiff*'s close (describing it) and ploughed up the soil, &c., and took and carried away fifty bushels of the plaintiff's corn tliere being, and converted the same to his own use. Penalty. — And the plaintiff-? say, they had a turnpike-road (describing it), and the defendant passed on said road with a wagon, on which he carried a load of more than forty-five hundred pounds, and the felloes of said wagon were less than three inches and a half wide, whereby the defendant became liable to pay the plaintiffs three times the legal toll therefor, and the legal toll therefor is the sum of . And the plaintiff says, the defendants had a turnpike-road (de- scribing it), and the plaintiff was passing over the same, and through a turnpike-gate thereon (describing it), in a wagon drawn by one horse; and the defendants' toll-gatherer then demanded and received of the plaintiff fifty cents for toll, for passing through said gate Avith said horse and wagon, the legal toll for passing as aforesaid being only ten cents, whereby the defendants have forfeited to the plaintiff a sum not exceeding one hundred dollars. And the plaintiffs say, they had an aqueduct (describing it), and the defendant maliciously injured said aqueduct by cutting off one of the pipes thereof, whereby the defendant became liable to pay the plaintiffs treble the amount of the damage thereby sustained by the plaintiffs ; and the amount of said damage was ten dollars. And the plaintiffs say, that the twentieth day of October last was the day of their cattle show and exhibition; and that by their officers they defined and fixed bounds of sufficient extent for the erection of 1852. Chap. 312. 245 cattle-pens and yards, and for convenient passage-ways to and about the same, within which bounds no persons were permitted to enter and pass unless in conformity with the regulations of said officers: Of all which the defendant had notice ; and after said notice, the defendant did enter and pass within said bounds, contrary to said regulations, whereby he has forfeited to the plaintitis a sum not ex- ceeding five dollars. Answers in Matement. A. B. vs. C. D. Suffolk. C. C. Pleas. defendant's answer. Coverture of Plaintiff, — And the defendant comes and says, that when the plaintiff's writ was sued out, the plaintiff was a married woman, and that E. F., her husband, was then alive, and therefore he ought not to be held to answer to the plaintiff's writ. JVbnjoinder — And the defendant comes and says, that if he is indebted to the plaintiffs for the goods mentioned in their bill of particulars, he is indebted to them jointly with one G. H., who is still alive, and ought to be sued with him in the writ, and therefore he ought not to be held to answer to the plaintiff's writ. ' Misnomer. — And the defendant comes and says, the plaintiff's name is John Stiles, and not James Stiles, and therefore he ought not to be held to answer to the plaintiff's writ. Coverture of Defendant. — And the defendant comes and says, that when the plaintiff's writ was sued out, she was, and still is, a married woman, and tliat J. H., her husband, was then alive, and therefore she ought not to be held to answer to the plaintiff"'s writ. Answers in Actions of Contract. A. B. vs. C. D. Suffolk, C. C. Pleas. defendant's answer. Money had and received. — And the defendant comes, and upon his personal knowledge denies that he received the money mentioned in the plaintiff's bill of particulars, or any part thereof; (Or, if the case be so) admits that he received the money men- tioned in the plaintiff's declaration, but denies that he received it to the plaintiff's use. And the defendant comes and says, upon his personal knowledge, that he received the money mentioned in the plaintift"'s bill of par- ticulars, but upon his information and belief he denies that he received the same or any part thereof to the plaintiff's use. And the defendant comes, and upon his personal knowledge de- nies that he has received to the plaintiff's use the money mentioned in the plaintiff's bill of particulars, except the sum of fifty dollars. Statute of Limitations. — And the defendant comes and answers, that the cause of action mentioned in the plaintiff's writ did not accrue within six years before the suing out of the plaintiff's writ. Payment — And the defendant comes and answers, that he has paid the plaintiff the sum of dollars, which was the full amount of the account stated in the plaintiff's bill of particulars. If there are several items, add — And he annexes hereto a bill of particulars of said payment. Account annexed. Goods sold and delivered. — And the defendant comes and answers as follows, viz. : as to the first ten items of the plaintiff's bill of particulars, upon his personal knowledge he denies that the plaintiff sold and delivered the same to the defendant. As to the eleventh item, upon his personal knowledge he denies that the price was to be more than ten dollars. 246 1852. Chap. 312. Work. — As to the twelfth item, he is ignorant personally, and by informa- tion and belief, whether the plaintiff performed the day's labor there charged or not, and also of the price thereof, if any, so that he can neither admit nor deny the plaintiff's allegation, but leaves the plain- tiff to prove the same. Ansivers to a Promissory JVbie. Promissory JVbte. — And the defendant comes and answers as follows : He denies that he made the promissory note mentioned in the plaintiff's first count ; Minority. — And as to the note mentioned in the plaintiff's second count, he says that at the time of making the same, he was a minor under the age of twenty-one years. Duress. — And as to the contract mentioned in the plaintiff's third count, he says that at the time of its execution he was kept in imprisonment by the plaintiff, and executed the contract through the force of that imprisonment. Part Payment. — And the defendant comes and says, that he has paid the note mentioned in the plaintiff's writ, except the sum of fifty dollars, and Tender.] before the plaintiff sued out his writhe tendered to the plaintiff said sum of fifty dollars, and now brings the same into court for the plaintiff. Accord. — And the defendant comes and says, he delivered to the plaintiff one wagon, which the plaintiff received in full satisfaction of the note mentioned in the plaintiff's writ. Res Judicata. — And the defendant comes and says, that at the supreme judicial court, held, &c., the plaintiff recovered judgment against the defendant for dollars and cents damages, and for costs ; and that said judgment was rendered upon the same cause of action mentioned in the plaintiff's first count. Release. — And the defendant comes and says, the plaintiff executed to him a release, a copy whereof is hereto annexed, whereby he discharged the defendant from the cause of action mentioned in the second count. To a Policy of Insurance. Insurance. — And the defendants come and say, that they deny, upon infor- mation and belief, that the said loss was actually total, and they deny that any abandonment was made. And the defendants come and say, they deny, upon information and belief, that the said vessel was seaworthy for the voyage in the said policy mentioned, at the inception of said voyage. And the defendants come, &c. (as above), but deny, upon infor- mation and belief, that the said vessel was lost while proceeding on the voyage in the said policy described. Forms of Ansivers in Actions of Tort. Trover. — And the defendant comes, and, upon his personal knowledge, denies that the horse mentioned in the plaintiff's writ was the pro- perty of the plaintiff, and also denies that he converted the same to his own use. And the defendant comes and says, that upon his personal know- ledge he is ignorant, but upon his information and belief iie denies, that the horse mentioned in the plaintiff's writ was the property of the plaintiff. And the defendant comes, and, upon his knowledge and belief, admits that the said horse is the general property of the plaintiff, but avers that the defendant has a special property therein, by reason 1852. Chap. 312. 247 of his having attached the same as the plaintiff's property, by virtue of a writ (here describe it), which writ was delivered to the plain- tiff, who then was a deputy sheriff in the said county of , for service, and the action is now pending : And so the defendant denies, upon his personal knowledge, that he has converted the said horse to his own use. Deceit. — And the defendant comes, and, upon his personal knowledge, denies that he made said representation, knowing that the same was not true. And the defendant comes and says, he has not personal know- ledge, but, upon his information and belief, he denies that said horse was unsound, as stated in the plaintiff's declaration. And the defendant comes, and, upon his personal knowledge, denies that he made the representation mentioned in the plaintilF's declaration. And he says, the said coffee was the defendant's pro- perty, and he had a right to sell the same. Obstructing fVay. — And the defendant comes and says, he has not per- sonal knowledge, but, upon his information and belief, he denies that the plaintiff has a right of way, as set forth in his declaration. And, upon his personal knowledge, he denies that he obstructed said way, as set forth in said declaration. Slander. — And the defendant comes, and, upon his personal knowledge, denies that he accused the plaintiff of the crime of perjury, as set forth in the plaintiff's first count. And as to the second count, he says, the plaintiff did feloniously steal, take, and carry away ten dollars, the property of one S. T., in the possession of said S. T. being found, and converted the same to his own use, and so the plaintiff was guilty of the crime of theft, and the defendant's accusation was true. Assault and Battery. — And the defendant comes and says, the plaintiff first assaulted him, and he only defended himself And the defendant comes and says, the plaintiff was his appren- tice, and deserted and ran away from him, and he retook the plaintiff and forcibly brought him back, using no more force than was neces- sary. And as to the allegation that the defendant hurt and wounded the plaintiff, the defendant, upon his personal knowledge, denies the same. Trespass quare Clausum. — And the defendant comes and says, that a part of the close mentioned in the plaintiff's writ was the soil and free- hold of the defendant, the same being described as follows, «fec. Upon his own knowledge, he denies that he broke or entered any part of said close, except the part above described. Replications. Suffolk, C. C. P., February 1, 1851. A. B. vs. C. D. Limitations. — And the plaintiff replies as follows, viz. : He says, that within six years before the suing out of his writ, the defendant executed a writing, a copy whereof is hereto annexed, by which he acknow- ledged said debt, and agreed to pay the same. He further says, the defendant has been absent from this Com- monwealth for the space of three years last past. Minority. — And the plaintiff replies that he is ignorant of the fact, so that he can neither admit nor deny that the defendant was a minor, as stated in his answer, but leaves the defendant to prove the same. He further says, the articles mentioned in his bill of particulars were necessaries for the defendant, and suitable to hia estate and degree. [Approved by the Governor, May 22, 1852.] 248 1852. -Chap. 313. Chap. 313 ■^^ ^^^ ^^ incorporate the Suflfolk Mutual Loan and Accumulating Fund Association. Be it enacted hy the Seriate and House of Representa- tives, in General Court assembled, atid by the authority of the same, as follows : Corporators. Fund to be loaned on se- curity to con- tributors. Powers, liabili- ties, &c., as in ch. 44 R. a. Number of shares not ex- ceeding 1000. When corpora- tion shall ter- minate. No dividend till termina- tion of corpo- ration and debts paid. Corporation shall make an- nual statement of condition. Debts not to exceed capital stock paid in. In case of ex- cess directors held jointly and severally for all debts. Sect. 1. Robert Cowdin, S. S. Perkins, George How- land, their associates and successors, are hereby made a corporation, by the name of the Sufiblk Mutual Loan and Accumulating Fund Association, in the city of Boston, for the purpose of collecting and accumulating a fund to be loaned on security of real estate, and on the conditions that may be agreed upon and prescribed by the by-laws of the corporation, to such contributors to said fund as may desire such loans for the purchase of homesteads and real estate ; with all the powers and privileges, and subject to all the duties, liabilities, and restrictions, set forth in the forty-fourth chapter of the Revised Statutes. Sect. 2. The number of shares in this corporation shall not exceed one thousand. The par value of the shares shall not exceed eight hundred dollars each ; and no mem- ber shall hold more than ten shares. Sect. 3. This corpojation shall terminate, except for the purpose of settling its affairs, whenever all its shares shall have been redeemed by loans or advances thereon ; or whenever the funds and property of the corporation shall be sufficient to pay the holders of the shares upon which no loans or advances shall have been made, the value thereof, as it shall be fixed by vote of the members, or by the by-laws of the corporation, at the commencement of its business. And no dividend of principal or profit shall be made until such termination, and until all the debts of the corporation shall have been paid or secured to be paid. Sect. 4. This corporation shall annually, in the month of January, publish in the city of Boston, in at least two newspapers, a statement, verified by the oaths of its presi- dent and secretary, showing its actual financial condition, and the amount of its property and liabilities, and shall also deposit a copy of said statement in the office of the secretary of the Commonwealth. Sect. 5. The whole amount of the debts which this company shall at any time owe, shall not exceed the amount of its capital stock actually paid in ; and in case of any excess, the directors, under whose administration it shall happen, shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be contracted so long as they shall continue in office. 1852. Chap. 313—314. 249 Sect. 6. The association shall in no case loan its funds Loans to mem- to any others than its own members ; and no member shall no^'on^ mTre° receive any loan greater in amount than the value of the than amount shares for which he may have subscribed. [Approved by the subscribed. Governor, May 22, 1852.] An Act to extend the jurisdiction of Justices of the Peace in Civil Actions. Chap. 314 Be it enacted hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The jurisdiction of the justices of the peace Justices of and justices of the police and justices courts within their {jce concurrent respective counties, shall extend, concurrently with the juris- jurisdiction diction of the court of common pleas, to all civil actions j^' civil actions wherein the debt or damages demanded do not exceed the and vepievin sum of one hundred dollars ; and to all actions of replevin ^loo?^*'^^ ^°^ where the property alleged to be detained does not exceed in value the sum of one hundred dollars; excepting real actions. Except real actions of trespass on real estate, actions for disturbance of g^g^^" s are a right of way, or of any other easement, and all other ac- connected with tions in which the title to real estate may be concerned : ^^^ provided, that such actions shall be brought in the county ,- where the defendant and trustees, if any, reside. Sect. 2. Either party to any civil action, wherein the in actions over debt or damage demanded exceeds twenty dollars, and all j^^y' ^"y ^J actions of replevin wherein the property alleged to be de- "demanded as tained does not exceed in value one hundred dollars, before ^p^"*^^ • any justice of the peace or justice of any police or justices court, may, on the return day of the writ, demand a trial by jury, and the justice shall thereupon issue a writ of venire facias directed to the sheriff of the county or any of his deputies, or any constable of the town or city in which the court is held, requiring the attendance of sLx jurors from the said town or city, at such place in said town or city, and at such day and hour as he may think best, not exceed- ing twenty-one days from the date of the said writ of venire facias, and the same proceedings shall be had in regard to drawing and summoning jurors as in other cases, except that it shall be sufficient to summon the jury two days before the trial, and the jury so summoned may try any number of cases before the said justice, but shall not be detained more than fourteen days, except to finish a case commenced within that time, and judgment shall be entered according to the verdict of the jury. Sect. 3. The jury shall consist of six persons, who shall six jurymen, be sworn by the justice and empanelled, and shall then choose a foreman by ballot. 32 250 1852. Chap. 314. Trial by jury, Sect. 4. The trial by jury shall be had before the jus- courts^^^^^"^ tice in the same manner, as nearly as may be, as trials are now had before the court of common pleas and supreme judicial court. Duty and fees Sect. 5. A sheriff or constable shall always attend jury of officer at- trials before a iustice, and said officer shall attend on the jury when they retire to make up their verdict, and his fees shall be one dollar a day for his attendance, and such other sum, not exceeding two dollars a day, for the use of rooms to hold the court in, as he may have to pay, to be allowed by the justice. Deficiency in Sect. 6. When, by reasou of challenge or otherwise, a number of jury, sufficient number of jurors, duly drawn and summoned, now suppii6u. ^ ^ ' -J ^ ^ * cannot be obtained for the trial of any cause, the justice shall cause jurors to be returned from the by-standers or the town, to complete the panel, which jurors shall be returned by the sheriff or constable. Ch. 95ofR. s., Sect. 7. The provision of chapter ninety-five of the as far as apph- ;R,cvised Statutes, so far as applicable, shall extend to iurors ed to 'these and trials before justices of the peace and justices of police trials. courts. Jurors fees Sect. 8. The fces of the jurors, under this act, shall be ^^d"t^^M*^^^' ^^® dollar and twenty-five cents for every day's attendance, cents per mile, and six cents for every mile's travel out and home, and the same, as well as the fees of the officer who summons the jury and attends on the court, including the charge for rooms to hold the court in, shall be certified by the justice or his clerk, and paid by the county treasurer. Trial by justice Sect. 9. The justice who trics any case where there is «i^50^* ^^^^^^ ^ ^^i^l ^y J^^T? if *^ot paid by a salary, shall receive for the trial of each case one dollar and fifty cents from the plain- tiff, which sum shall be taxed in the bill of costs. Jurymen's ex- Sect. 10. No pcrsou shall be exempted from serving on and how ^^^^ ^ J^^Y "^ *^^ Supreme judicial court, or court of common pleas, in consequence of his having served as a juror before any justice of the peace, or in any justices or police court; and no person shall be compelled to serve as a juror before any justice of the peace, or justices, or police com*t, more than twenty-four days in any year. Appeal not Sect. 11. Nothing in this act contained shall be so con- prevented, strued as to prevent an appeal from any judgment of any justice of the peace or police court in the manner now pro- vided by law. \Aj)provcd by the Governor, May 22, 1852.] 1852. Chap. 315. 251 An Act to incorporate the Northampton and Westfield Railroad Chap. 315 Corporation. ^ ' Be it rnactcd by the Seriate and House of Rcpresenta- tii'cs, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Samuel Williston, John Clarke, Noah L. Corporators. Strong, Ira Ycomaiis, Jr., and Alfred L. Strong, their asso- ciates and successors, are hereby made a corporation by the name of the Northampton and Westfield Railroad Corpora- tion, with all the powers and privileges, and subject to all Powers, privi- t.he duties, liabilities, and restrictions, contained in the forty- in^cha^ter44 fourth chapter, and in that part of the thirty-ninth chapter and39R,. s. of the Revised Statutes which relates to railroad corpora- tions, and in the several statutes subsequently passed relat- ing to such corporations ; and said corporation is hereby Empowered to empowered and authorized to locate, construct, and com- complete a plete a railroad commencing at some point on the Connec- railroad, ticut River Railroad, within eighty rods of the station grounds of said railroad in the town of Northampton, passing thence through said Northampton, Easthampton, Southampton, and part of Westfield, to some point on the Western Railroad, within eighty rods of the station gi'ounds of said railroad in said Westfield. Sect. 2. Said corporation inay enter upon and unite May unite with their raihoad with the said Western and Connecticut River c^nnectioitf Railroads at such convenient points within the limits pre- River Rail- scribed in the preceding section, as shall not interfere with ^°^ ' the depot buildings of said roads, and may use said roads under the provisions and restrictions of the laws relating to railroads in this Commonwealth. Sect. 3. The capital stock of said corporation shall not Capital stock. exceed two thousand shares of one hundred dollars each, the number of which shall be determined by the directors of said corporation from time to time ; and said corporation May hold real may invest and hold such part thereof, in real and personal estate^'^^°'^^ estate, as may be necessary and convenient for the purposes of their incorporation. No share in the capital stock of No shares is- said company shall be issued for a less sum or amount, to ^^^^ under be actually paid in on each, than the par value of the shares first issued. Sect. 4. If the location of said railroad shall not be Location filed filed, according to law, within two years, and if the said railroad made railroad shall not be constructed within three years from the in three years, passage of this act then this act shall be void. Sect. 5. The said corporation shall not commence the Xot to com- construction of their road, or any part thereof, until a cer- ^ficatVflied^^^" tificate shall have been filed in the oifice of the secretary of to be sub- 252 1852.- -Chap. 315—316. scribed and the Commonwealth, subscribed and sworn to by the presi- pTesident^^ dent and treasurer of said company, and a majority of the treasurer,' and directors thereof, stating that two thousand shares have been rectors? °^ ^^' subscribed by responsible parties, and that twenty per cent. of the par value of each and every share has been actually paid into the treasury of the company. Sect. 7. Said corporation and the Hampden Railroad Company are hereby authorized to unite in such a manner, and on such terms, as the respective corporations may agree. [Approved by the Governor, May 22, 1852.] May unite with Hampden Kailroad. Board of in- spectors may lay pipes. May dig up any street for Uying or re- pairing pipes. Chap. 316 ^^ -^^t ^^ provide for supplying the State Prison with Water. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The board of inspectors of the State prison is hereby authorized and empowered, in order to supply the State prison with water, to lay beneath any of the public streets, roads, and highways, or other ways in the city of Charlestown, all such pipes as they may deem proper in order to conduct the Cochituate water to the said prison, from the main pipe belonging to the city of Boston, which passes through the city of Charlestown. Sect. 2. The said board of inspectors is hereby empow- ered to enter upon and dig up any such streets, roads, high- ways, or other ways, for the purpose of laying down pipes beneath the surface thereof, and for maintaining and repair- ing the same, and in general may do any other acts and things necessary, or convenient and proper, in order to ac- complish the objects set forth in this act; and for the pur- poses aforesaid, or any of them, they may employ any and all such agents under them as they shall deem expedient ; and they shall well and sufficiently repair all such streets, roads, highways, or other ways, as may be so entered upon and dug up by them, and they shall repair all drains and se^^ers, either public or private, which they may disturb, to the reasonable satisfaction of all parties interested. Sect. 3. Any person who shall unlawfully hinder, ob- struct, or impede the said board of inspectors, or any agent or agents employed by them, in then doing and performing any of the things by this act authorized to be done, shall be taken and deemed to be guilty of a misdemeanor, and upon conviction thereof, shaU be punished by imprisonment in the common jail, not more than six months, or by fine not exceeding one hundred dollars. Sect. 4. This act shall take effect from and after its passage. [Approved by the Governor, May 22, 1852.] Penalty for ob- structing, com- mon jail six months or fine ,^100. Takes effec t. 1852. Chap. 317. 253 An Act to establish the Chelsea Free Bridge Corporation. Chat). 317 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Erastus Rugg, J. Stebbins, William Hawes, Corporators. James H. Prince, their associates and successors, are hereby made a corporation by the name of the Chelsea Free Bridge Corporation, for the purpose of erecting a bridge across Mystic River, and for other purposes herein specified : and the said corporation shall have all the powers and pri- Powers, du- vileges, and be subject to all the duties, restrictions, and ^-c^'as^i^^chapl liabilities, set forth in the forty-fourth chapter of the Re- ter k, r. s. vised Statutes. Sect. 2. Said corporation is hereby authorized to locate Location and and construct a bridge across iNIystic River, beginning at a ^°sgj'["e({^°'^ point on the Salem turnpike in said Chelsea westerly of Chelsea bridge, and extending thence to the opposite shore of said river in the city of Charlestown at some convenient point westerly of said Chelsea bridge, together with a suit- able road or way to connect said bridge with Chelsea and Charlestown aforesaid, and for that purpose to take a quan- tity of land extending the whole length of said bridge and ways, and not exceeding fifty feet in width, except for the Erection of erection of piers near the draw, and for such other piers as pi^^^^- shall be necessary for the support of said bridge ; said land to be used only for the purpose of a bridge and ways afore- said ; said bridge shall have two good and sufficient draws, Two draws to the northerly draw to be not less than forty-six feet in width, ^e located by and the southerly draw to be not less in width than the ers. southerly draw in the Chelsea bridge, which draws shall be located by commissioners, to be appointed by the governor with the advice of the council, at the expense of said cor- poration ; and the said corporation shall construct a pier pip,. ^harres wharf near each of said draws, each side of said bridge, for to be made ac- the accommodation of vessels passing through the same, of ^ectio"n"of eom- such form and dimensions, and extending in such direction, missioners. as said commissioners shall direct and appoint ; said draws and wharves to be planked on the inside from the top of low water to the top of said draws and wharves, together with such other facilities and accommodations for the passage of vessels through said bridge as such commissioners shall direct to be made. Said bridge, draws, and wharves shall be built of good and sufficient materials, the bridge to be not less than thirty-two feet in width. Sect. 3. Said corporation shall be held liable to keep corporation to said brids:e and draws in good repair, and to raise the said keep bridge, draws and atford all necessary and proper accommodation 254 1852. Chap. 317. to vessels having occasion to pass the same, by day and by night, and shall, when necessary, keep said bridge suffi- Rridgetobe ciently lighted by lamps on each side of the same not ex- hghted. ceeding seventy feet apart ; and if any vessel shall be unreasonably delayed in passing said draw by the negli- gence of said corporation or their agents in discharging the duties enjoined by this act, the owners or masters of such Damages for vessels may recover reasonable damages therefor, of said unreasonable corporation, in an action on the case before any court com- petent to try the same. yf Corporation to Sect. 4. Said corporation shall be holden to make com- uken "^ ^^'^'^^ pensation to any person or corporation whose real estate shall be taken for the use of said bridge, and if there shall be a difference of opinion as to the value of the same, either party may apply to the court of common pleas in the county where such real estate lies, for a committee to estimate the damage such person, persons, or corporations will sustain ; and upon such application, the court, after ten days' notice to the adverse parties to appear and show cause why such committee should not be appointed, shall, if no good reason be shown to the contrary, appoint three or five disinterested freeholders within the county, who, being first sworn before some justice of the peace, and giving due notice to the parties to appear, if they see fit, for a hearing, shall proceed to the duties of their appointment, and estimate the value of the real estate taken as aforesaid, and shall make return of their doings as soon as may be to said court ; and upon accept- ance of said report, judgment may be given thereon, with costs to either party, according to the discretion of the court : Either party provided^ that in all cases either party may claim a trial by Pfl'J^jly^'^*"^^ jury, as in similar cases when lands are taken for public uses. Same tolls as Sect. 5. Said corporation shall have the right to collect oil Chelsea ^-^^ receive the same rates of toll as are allowed by law to- amoun't suffi- be received by the Salem turnpike and Chelsea bridge cor- cient to cover poratiou : pvovided, that whenever the tolls collected on said ^40 ,000 'for fu- Chelsea free bridge shall be sufficient to reimburse the pro- ture support, prietors for the cost of the real estate, and for the building of said bridge with six per cent, interest annually, and for all the expenses of the repairs upon said bridge, and all current and incidental expenses of its superintendence and management, leaving a fund of forty thousand dollars for the future support of said bridge, then the tolls on said bridge shall cease, and the bridge and funds shall revert to and be vested in the Commonwealth, to be maintained as a free bridge. ma7raS°'^ Sect. 6. Said Chelsea free bridge corporation are hereby 550,000 by 500 authorized to raise, for the purpose of erecting said bridge 1852. Chap. 317. 255 and roads, and for the purchase of real estate necessary for shares of ^loo the same, the sum of fifty thousand dollars, by the creation ^'^''^• of five hundred shares of stock of one hundred dollars each. Sect. 7. Said Chelsea free bridge corporation shall have Corporation tlie right to purchase the present Chelsea bridge and the ci^^ife^ Sfdle franchise thereof ; and if the Salem turnpike and Chelsea in manner and bridge corporation shall, at a legal meeting, vote to sell their ^"re" specified. bridge and the franchise thereof to the Chelsea free bridge corporation at such price as may be agreed upon by the two corporations, or for such sum as three disinterested per- sons or a majority of them, one to be selected by the Chel- sea free bridge corporation and one by the Salem turnpike and Chelsea bridge corporation, and the third to be selected by the two thus chosen, shall appraise the same to be worth, the Chelsea free bridge corporation shall assent thereto, and shall be bound to purchase the said bridge at the appraisal so made : provided, the said Salem turnpike and Chelsea bridge corporation shall transfer their bridge and the fran- chise thereof to the Chelsea free bridge corporation on or before the first day of October next. And the said Salem turnpike and Chelsea bridge corporation is hereby author- ized to make the aforesaid transfer of their bridge and the franchise thereof Sect. 8. If the Salem turnpike and Chelsea bridge cor- if owners of poration shall sell and transfer their bridge to the Chelsea ^ll^^fuei^or^^ free bridge corporation as herein provided ; or if the said Chelsea free Chelsea free bridge corporation shall refuse to purchase the )*atkfnrefure°to same in conformity to the foregoing provisions, then the buy, then pow- authority conferred on the Chelsea free bridge corporation, ^^*° ^^^^^ ^^ by the second section of this act, to build a bridge, shall be void. Sect. 9. From and after the completion of the transfer After transfer of said bridge, the said Chelsea free bridge corporation shall glme ttn"lly have the right to collect and receive the same rates of toll be taken. that are now received by said corporation : provided, that Proviso. whenever the tolls so received on said bridge shall be suffi- cient to reimburse the proprietors for the cost of said bridge, with six per cent, interest annually, and for all the expenses for the repairs upon the same, and all current and incidental expenses of the superintendence and management of the same, leaving a fund of forty thousand dollars for the future maintenance of the present Chelsea bridge, the tolls on said bridge shall cease, and the bridge so purchased, together with said fund, shall revert to and become the property of the Commonwealth, the said bridge to be maintained from said fund free of tolls. Sect. 10. Said Chelsea free bridge corporation shall niake°a^nnuai^° make an annual report in the month of January in each report. 256 1852. Chap. 317—319. year, to the governor and council, of all receipts from toll or other sources, and of all expenses incurred for repairs and taking care of said bridge during the year next preceding, and shall further make a like report at any time when required by the governor, by and with the advice of the council. Corporation Sect. 11. Said Chelsea free bridge corporation is hereby ^T*Vb''*\ authorized to raise, for the purpose of purchasing said of ;^ 100 each, bridge, an amount of stock equal to the amount paid for the purchase of the same, by the creation of a requisite number of shares of one hundred dollars each. If Chelsea Sect. 12. If the Said present Chelsea bridge shall not be chafed"as pro- purchased as is herein before provided, or if the said Chel- Tided, or free sca free bridge and the roads leading thereto shall not be rnad^^iio't com- Completed and opened for travel within four years from the pieted in four passage of this act, then the same shall be null and void. years, act void, ^^^j^^^vetl by the Govemor, May 22, 1852.] Chap. 318 An Act to allow the Auditor a further sum for Clerk Hire. Be it enacted by the Senate and House of Represe7ita~ tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The auditor of accounts is hereby authorized to employ a clerk in his office permanently, at a salary not exceeding one thousand dollars per annum. Sect. 2. The act of 1851, chapter 239, is hereby re- pealed. Sect. 3. This act shall take effect on and after the first day of January, 1852. [Approved by the Governor, May 22, 1852.] Chan 319 An Act relating to Parishes and Religious Societies. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : Any religious Sect. 1. Any corporation for religious purposes, which society having g\yQ\\ have erected, or procured for public worship any meet- fic worship be- ing-house, pi'ior to the twenty-fifth day of March, in the fore March 25. year One thousand eight hundred and forty-five, may avail consent of pew themselves of the provisions of the general act passed un- owners, benefit (jer f^at date, entitled " An Act relatinar to Religious Socie- of act of that ^ " . datereiatingto ties": provided, that the consent of all the pew-owners in religious socie- g^^h meetiiig-house shall first be obtained thereto. „ , rn Sect. 2. This act shall take effect from and after its passage. [Approved by the Governor, May 22, 1852.] 1852. Chap. 320—322. 257 An Act to increase the Capital Stock of the Lowell Bleachery. Chan. 320 Be it e7iacted hy the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : The Lowell Bleachery is hereby authorized to increase May add its capital stock, by adding thereto three hundred thousand 5300,ooo. dollars, and to invest such portion thereof in real estate, not May invest in exceeding: two hundred thousand dollars, as may be neces- ^^^^ estate, not 1 . 1 1 • r 1 • 1 1 exceeding sary and convenient to carry on the business lor which the g200,ooo. said company was incorporated. [Approved by the Gover- nor, May 22, 1852.] An Act to Protect the Right of SuiFrage. Chap. 321 Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, as follows : If any person in this Commonwealth shall by bribery, if any person or bv threatening to discharge from his employment, or to shall by bribery 11 r iiiiiiL-"'' threatening reduce the wages of any person who shall then be laboring attempt to in- for him, or by a promise to give employment to any per- f "/"^^ shaiUe son then not laboring for him, or higher wages to any per- punished by son laboring for him, attempt to influence any qualified g°nment"o"' voter in this Commonwealth to give his vote or ballot in both. any election in this Commonwealth, or to withhold his vote or ballot in any election of this Commonwealth, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and be punished by fine not exceeding three hundred dollars, or by imprisonment in the county jail or house of correction, for a term not exceeding one year, or both, at the discretion of the court before whom such person shall be tried. [Ap- proved by the Governor, May 22, 1852.] An Act concerning the Manufacture and Sale of Spirituous or Intoxicating Chap. 322 Liquors. Be it enacted by the Senate and House of Representa- tives, iti General Court assembled, and by the authority of the same, as follows : Sect. 1. No person shall be allowed at any time to No intoxicat- manufacture for sale, or to sell by himself, his clerk, servant, b°Vamifac-*° or asrent, directly or indirectly, any spirituous or intoxicat- tured or sold ,. •' • 1 1- i. r u- 1 • except as here- ing liquors, or any mixed nquors, a part oi which is ^^ spirituous or intoxicating, except as is hereinafter provided.^^ Sect. 2. The selectmen of any town, and the mayor Agents for seii- and aldermen of any city, on the first Monday of May an- 1"| JfquorsVr nually, or as soon thereafter as may be convenient, may medical, chem- 33 258 1852. -Chap. 322. ical, and me- chanical pur- poses, may be annually ap- pointed with salaries. May be re- moved. Agent to re- ceive a certifi- cate after bond, with sureties in Form of bond y y appoint some suitable person or persons as agent or agents of such city or town, to sell at some central or convenient place or places, within said city or town, spirits, wines, or other intoxicating liquors, to be used for medicinal, chemi- cal, and mechanical purposes, and no other; and such agent or agents shall receive such fixed and definite salary, not dependent in amount upon the sales, for his or their services, as the board appointing him or them shall pre- scribe, and shall, in the sale of such liquors, conform to such rules and regulations as the selectmen and mayor and aldermen aforesaid shall prescribe for that purpose ; and every such agent shall hold his situation for one year from the time of his appointment, unless sooner removed by the board which appointed him, as he may be at any time, at the pleasure of said board. Sect. 3. Every agent, appointed as aforesaid, shall re- ceive a certificate from the mayor and aldermen, or y selectmen, by whom he has been appointed, authorizing him, as agent of such city or town, to sell intoxicating liquors for medicinal, chemical, and mechanical purposes only, at such place within their respective town or city as by them shall be deemed suitable, which place shall be de- signated with precision in said certificate, but such certificate shall not be delivered to the person so appointed until he shall have executed and delivered to said board a bond, with two good and sufficient sureties, in the sum of six hundred dollars, in substance as follows : Know all men that we , as principal, and ■• — . and , as sureties, are holden and stand firmly bound to the inhabitants of the town of , (or city, as the case may be), in the sum of six hundred dollars, to be paid unto them, their successors or assigns, to which payment we bind ourselves, our heirs and executors, or administra- tors, firmly by these presents. Sealed with our seals and dated this day of , A.D. . The con- dition of this obligation is such, that whereas the above bounden has been duly appointed an agent for the town of , to sell within, for, and on account of said town or city, intoxicating liquors for medicinal, chemical, and mechanical purposes, and no other, until the day of , A.D. , unless sooner removed from said agency. Now, if the said shall, in all re- spects, conform to the provisions of law relating to the business for which he is appointed, and to such rules and regulations as now are, or shall, from time to time, be es- tablished by the board making the appointment, then this obligation to be void; otherwise to remain in full force. And the selectmen, and mayor and aldermen, shall keep a 1852. Chap. 322. 259 record of the names and certificates, in full, of all persons Record of ap- by them appointed, as aforesaid, which record shall be open ^ubii™^"^^ ^" to public inspection at all reasonable times, and they shall, tion. as soon after the appointment of said agents as practicable, furnish a list of said names to the county commissioners of the several counties, and mayor and aldermen of the city of Boston. y Sect. 4. The commissioners of the several counties, and'i-icenses may the mayor and aldermen of the city of Boston, on the first manufe"ture Monday of May annually, or as soon thereafter as practi- and sell for ex- cable, may authorize such persons as shall apply to them, fo7me°hani-°^ in writing, to manufacture spirituous or intoxicating liquors, cai, medicinal, at a suitable place or places within their respective county purposes!'*^* or city, and sell the same in quantities not less than thirty gallons, to be exported out of the Commonwealth, and for mechanical and chemical purposes, or in any quantity to duly authorized agents of the towns and cities ; and such authority, given as aforesaid, shall continue for the term of Such authority one year from the date thereof, unless sooner revoked for 5°°*^ o'^s y^"* cause, or annulled as hereinafter provided and specified. Sect. 5. Every person authorized, as aforesaid, shall Certificate receive a certificate from the county commissioners, or the precis*e^piace** mayor and aldermen by whom he is authorized, ffivinff him of sale, bond authority to manufacture and sell spirituous and intoxi- fui'etie's. eating liquors, as aforesaid, at such place, within their respective county or city, as by them shall be deemed suit- able, which place shall be designated with precision in such certificate ; but such certificate shall not be delivered to such person until he shall have executed and delivered to said board a bond, with two good and sufficient sureties, To give bond. in the sum of six thousand dollars, in substance as follows : Know all men that we, , as principal, and — Form of bond. and , as sureties, are holden and stand firmly bound to the inhabitants of the county of (or city, as the case may be), in the sum of six thousand dollars to be paid unto them, their successors, or assigns, to which payment we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly with these presents ; sealed with our seals, and dated this day of , A.D. The condition of this obligation is such, that whereas the above bounden has been duly authorized to manufacture spirituous or intoxicating liquors at , in the town or city of , and county of , and sell the same in quantities not less than thirty gallons, to be exported out of the Commonwealth, or for mechanical and chemical purposes, or in any quantity to duly avithorized agents of towns and cities, as by law provided, until the 260 1852. Chap. 322. day of , A.D. , unless such authority- be sooner revoked or annulled. Now, if the said shall, in all respects, conform to the provisions of law relating to the business which he is authorized, as above, to pursue, and shall violate no law of the Commonwealth touching the manufacture and sale of spirituous or intoxicating liquors, then this obligation to be void, otherwise to remain in full force ; and if any person Bond violated, SO authorized and bound shall commit any breach of the nulled^ *^' conditions of his bond, his certificate shall thereupon be null and void, and he shall not thereafter be authorized or permitted to manufacture or sell spuituous or intoxicating liquors. County com- Sect. 6. The Commissioners of the several counties, and missioners and ^^^ niayor and aldermen of the city of Boston, shall keep a dermenof Bos- record of the names, residences, and certificates, in full, of ^o^d^of^air er- ^^ persons by them authorized to manufacture and sell, as sons author- hereinbefore provided, and also the names and residences of ^'^^- all agents of towns and cities, furnished them by the select- men and mayor and aldermen, as provided in section third, which record shall be open to public inspection at all rea- sonable times ; and they shall furnish a list of said names, with their residences, to all persons authorized by them to manufacture and sell spirituous or intoxicating liquors, and to all agents of towns and cities whose names have been furnished them as aforesaid, or who are in any way known to them. First convic- Sect. 7. K any person by himself, his clerk, servant, or cost' and bond ^^gcut, shall at any time sell any spirituous or intoxicating ;giOOO. liquor, or any mixed liquor, part of which is spirituous or intoxicating, in violation of the provisions of this act, he shall forfeit and pay, on the first conviction, ten dollars and the cost of prosecution, and shall stand committed until the same be paid, and shall be required to give bonds in a sum of not less than one thousand dollars that he will not, within one year from such conviction, violate any law of the Com- monwealth concerning the sale of spirituous or intoxicating Second, $20 hquors : on the second conviction he shall pay twenty dol- and cost, &c. lars and the costs of prosecution, and shall stand committed until the same be paid; and if it be more than one year from the first conviction, he shall be required to give like Third, §20 and bouds as on said first conviction : on the third and every cost, ^ii'i^™- subsequent conviction, he shall pay twenty dollars and the three to six costs of prosecution, and shall be imprisoned in the common months, &c. jg^j} qj. house of Correction not less than three nor more than six months : and in default of payment of fines and costs prescribed in this section for the first and "second convic- tions, the convict shall not be entitled to the benefit of any 1852. Chap. 322. 261 of the acts of the Commonwealth for the relief of poor pri- soners, committed on execution for debt, or concerning poor debtors, or relating to the discharge of poor debtors com- mitted on execution for debt, until he shall have been im- prisoned two months ; and in default of payment of fines and costs provided for the third and every subsequent con- viction, he shall not be entitled to the benefit of said acts concerning poor debtors, or for the relief of poor prisoners, or relating to the discharge of poor debtors, as cited above, until he shall have been imprisoned in the jail or house of correction three months. And if any clerk, servant, or Clerk or agent agent, or any other person in the employment or on the afpHncipaT^ premises of another, shall violate the provisions of this sec- tion, he shall be held equally guilty with the principal, and on conviction shall suffer the same penalty. And where All may be any act in violation of the provisions of this section has ^[^^ o^i^one been committed by any clerk, servant, or agent, or other complaint. person as aforesaid, upon the premises of another, the names of all the parties implicated, either as principal or as clerk, or other person, may be included in the same com- plaint, warrant, or indictment, and all the parties may be tried at the same time, and judgment shall be rendered ac- cordingly, and each person so implicated and convicted shall incur the fines and forfeitures provided for the offence. And two or more acts of violation of the provisions of this Two or more section may be alleged in the same complaint or indict- "ff'^".'^^^ ™^y ment, and be tried at the same time, and conviction thereon, gether. or on any of them, shall operate upon the defendants in the same manner as if the actions had been upon separate complaints, and the convictions had at separate trials. Sect. 8. Any forfeiture or penalty arising under the Action of debt, above section may be recovered in an action of debt, brought in the name of the city or town where the offence was committed, or by complaint before any justice of the peace or judge of any police court in the county where the offence was committed, and the forfeiture so recovered shall go to the town or city where the convicted party resides ; and the prosecutor, or complainant, may be admitted as a Complainant witness in the trial, and in all actions of debt arising under ™*y ^^ ^^^' this section, the fines and forfeitures suffered by the defend- ant shall be the same as if the action had been by complaint. And it shall be the duty of the mayor and Duty of mayor aldermen of any city, and the selectmen, or any one of o" s/iect^n"^ them, of any town, to commence an action in behalf of said lo prosecute, city or town, against any person guilty of a violation of any of the provisions of this act, on being informed of the same, and being furnished with reasonable proof of the fact. 262 1852.- -Chap. 322. Appeal. Recognize ^100 and sure- ties. All forfeits go to town or city. On breach of bond by agent, duty of mayor and aldermen, or selectmen to notify party, prosecute, and if guilty, re- voke. Broken bonds to be put in suit. On breach of bond by manu- facturer, duty same. Sect. 9. Every person convicted under this act by any justice of a police court, or justice of the peace, may appeal from the sentence to the court of common pleas, or, in the county of Suffolk, to the municipal court, then next to be holden in the same county ; and such appellant shall be committed to abide the sentence of the said court until he shall recognize to the Commonwealth in the sum of not less than one hundred dollars, with two good and sufficient sureties, with condition to appear at the court appealed to, and there to prosecute his appeal, and to abide the sentence of the court thereon, and that he will not, during the pen- dency of such appeal, violate any of the provisions of this act. The forfeitures of all bonds and recognizances given in pursuance of this act, shall go to the town or city where the offence was committed. Sect. 10>\ The mayor and aldermen of any city, and the selectmen of any town, whenever complaint shall be made to them that a breach of the conditions of the bond given by any person appointed as agent of said city or town, un- der this act, has been committed, shall notify the person complained of, and if, upon a hearing of the parties, it shall appear that any breach has been committed, they shall re- voke and make void his appointment. And whenever a breach of any bond, given to the inhabitants of any city or town in pursuance of the provisions of this act, shall be made known to the mayor and aldermen, or selectmen, or shall in any manner come to their knowledge, they shall, at the expense and for the use of said city or town, cause the bond to be put in suit in any court proper to try the same. Sect. 11. The commissioners of counties, and the mayor and aldermen of the city of Boston, whenever complaint shall be made to them that a breach of the conditions of the bond given by any person authorized for their respective county or city, under this act, to manufacture and sell spir- ituous or intoxicating liquors, as provided in the fourth and fifth sections of this act, has been committed, shall notify the person complained of, and if upon a hearing of the parties it shall appear that any breach of such bond has been committed, they shall revoke and make void his authority. And whenever a breach of any bond given by a manufac- turer to the inhabitants of any county, or of the city of Boston, in pursuance of any of the provisions of this act, shall be made known to the mayor and aldermen of the city of Boston, or to the commissioners of the county where the offence is said to have been committed, or shall in any manner come to their knowledge, they shall, at the expense and for the use of said city or county, cause the bond to be put in suit in any court proper to try the same. 1852. Chap. 322. 263 Sect. 12. No person shall be allowed to be a manufac- Penalty for turer of any spirituous or intoxicating liquors for sale, or a ufact^r^n ™oT' common seller thereof, without being duly appointed or au- selling without thorized as aforesaid, on pain of forfeiting, on the first con- conviction?'^ viction, one hundred dollars and the costs of prosecution, and in default of payment thereof, the person so convicted shall be imprisoned sixty days in the common jail or house of cor- rection, and shall be required to give bonds in a sum of not less than two thousand dollars, that he will not, within one year from such conviction, violate any law of the Common- wealth concerning the manufacture or sale of spirituous or intoxicating liquors ; and on the second conviction, the per- Second convic- son so convicted shall pay the sum of two hundred dollars *"''^- and costs of prosecution, and in default of payment shall be imprisoned four months in the common jail or house of correction ; if it be more than one year from the first con- viction, he shall be required to give like bonds as on said first conviction ; and on the third and every subsequent Subsequent conviction, he shall pay the sum of two hundred dollars, conviction. and shall be imprisoned four months in the common jail or house of correction, in the county where the offence was committed ; said penalties to be recovered before any court Penalty, how of competent jurisdiction, by indictment or by action of '^^'^^^"^ " debt in the name of the city or town where the offence shall have been committed. And whenever a default shall On default, be had of any recognizance arising under this act, scire proceedings. facias shall be issued, returnable at the next term, and the same shall not be continued unless for good cause satisfac- tory to the court. And three several sales of spirituous or Three sales to intoxicating liquors, either to different persons or to the same coSon^^eUer. person, shall be sufficient to constitute a violation of this section ; and delivery in or from any store, shop, warehouse, steamboat or other vessel, or any vehicle of any kind, or any building or place other than a dwelling-house, shall be deemed prima facie evidence of a sale; and a delivery in or from a dwelling-house, with payment or promise of pay- ment, either express or implied, on, before, or after such de- livery, shall be held to constitute a sale within the meaning of this act. And if any clerk, servant, or agent, or any violation by other person in the employment, or on the premises of ^"e^ "'penalty another, shall violate the provisions of this section, he shall same as prin- be held equally guilty with the principal, and on conviction "P'^I- shall suffer the same penalty; and where any act in viola- Principal and tion of the provisions of this section has been committed t^[Jji'"oge?he^r* by any clerk, servant, or agent, or other person as aforesaid, upon the premises of another, the names of all the parties implicated, either as principal, clerk, or other person, may be included in the same complaint and warrant and indict- 264 1852. -Chap. 322. Several acts may be in one complaint. Cider and wine for specified purposes ex- cepted. Cases under this act to have precedence. Nol. pros, or continuance not to be en- tered, except. Search war- rants for sus- pected liquors, when and hov granted. When liquors found, seized. Dwelling- houses ex- empt, unless ment, and all the parties may be tried at the same time, and judgment to be rendered accordingly; and each person so implicated and convicted shall incur the fines and forfeitures provided for the offence /"and two or more acts of violation of the provisions of this section may be alleged in the same complaint or indictment, and be tried at the same time, and conviction thereon, or on any of them, shall operate upon the defendants in the same manner as if the action had been upon separate complaints, and the convictions had at separate trials ; provided, that nothing in this act shall be construed to prevent the manufacture or sale of cider for other purposes than that of a beverage ; or the sale and use of the "fruit of the vine" for the commemoration of the Lord's supper. ^ Sect. 13. All cases arising under this act, whether by action, indictment, or complaint, which shall come before any court, either by appeal or original entry, shall take precedence in said court of all other business, except those criminal cases in which the parties are actually under arrest, a^vaiting a trial ; and the court and the prosecuting officer shall not have authority to enter a nolle prosequi, or to grant a continuance in any case arising under this act, either be- fore or after the verdict, except where the purposes of justice may require it, and a nolle prosequi shall not be entered by the prosecuting officer, except with the concurrence of the court. Sect. 14. If any three persons, voters in the town or city where the complaint shall be made, shall, before any justice of the peace, or judge of any police court, make complaint under oath or affirmation, that they have reason to believe, and do believe, that spirituous or intoxicating liquors are kept or deposited, and intended for sale, by any person not authorized to sell the same in said city or town, under the provisions of this act, in any store, shop, ware- house, or in any steamboat or other vessel, or in any vehicle of any kind, or in any building or place in said city or town, said justice or judge shall issue his warrant of search to any sheriff or deputy sheriff, or city marshal or deputy mar- shal, or to any constable, who shall proceed to search the premises described in such warrant ; and if any spirituous or intoxicating liquors are found therein, he shall seize the same, and convey them to some proper place of security, where he shall keep them until final action shall be had thereon ; and such liquors so seized, together with the im- plements of the traffic, shall be used in evidence against any person charged with the unlawful manufacture or sale of spirituous or intoxicating liquors ; but no dwelling-house shall be searched, unless one of said complainants shall 1852. Chap. 322. 265 make oath or affirmation that he has reason to believe, and on oath that does believe, that such liquors have been sold therein, by gofi"?-^"* ^*' the occupant thereof, or by his consent or permission, &c. ' wathin the time of one month of making such complaint, and are then kept therein for sale ; and shall, in his oath or affirmation, state the facts and circumstances on which such belief is founded ; which facts and circumstances shall be sufficient, in the judgment of the magistrate before whom complaint is made, to reasonably induce said belief; and the owner or keeper of said liquors seized as aforesaid. Proceedings in if he shall be known to the officer seizing the same, shall ^^'^^ ^^^^e. be summoned forthwith before the justice or judge by whose warrant the liquors were seized, and if he fail to appear, or unless he can prove that said liquors are of for- eign production, that they have been imported under the laws of the United States, and in accordance therewith, that they are contained in the original packages in which they were imported, and in quantities not less than the laws of the United States prescribe, or are kept for sale by au- thority derived under this act, or are otherwise lawfully kept, they shall be declared forfeited, and shall be destroyed When liquors by the authority of the written order to that effect of said d/J"^oyed*° ^^ justice or judge, and in his presence, or in the presence of some person appointed by him to witness the destruc- tion thereof, and who shall join with the officer, by whom they shall have been destroyed, in attesting that fact upon the back of the order by authority of which it was done ; and the owner or keeper of said liquor shall pay a owner fined fine of twenty dollars and costs, or stand committed for .^^o and costs, thirty days, in default of payment, if, in the opinion of said court, said liquors shall have been kept or deposited for sale contrary to the provisions of this act. And if the owner or possessor of any liquors seized in pursuance of the provis- ions of this section, shall set up the claim that they have been regularly imported under the laws of the United States, and that they are contained in the original packages, the custom-house certificates of importation, and proofs of marks on the casks or packages corresponding thereto, shall not be received as conclusive evidence that the liquors con- tained in said packages are those actually imported therein. Skct. 15. If the owner, keeper, or possessor of liquors, when owner seized under the provisions of this act, shall be unknown to °!, iiqu^fs seiz- the officer seizing the same, they shall not be condemned how adveniled and destroyed until they shall have been advertised, with and what pro- the number and description of the packages, as near as '^^^ °^^' may be, for t\vo weeks, by posting up a written description of the same in some public place, that if such liquors are actually the property of any city or town in the State, and 34 266 1852. -Chap. 322. If owner ap- peal, to give bond. If decided against him, liquor to be destroyed. Who may keep liquors. Duty of offi- cers to seize liquors for sale in shanties, huts, &c., on public days. were so at the time of their seizure, purchased for sale by the agent of said city or town, for medicinal, chemical, or mechanical pm-poses, only, in pursuance of the provisions of this act, or the property of some person duly authorized to manufacture and sell such liquors under this act, and were lawfully in his possession at the time of such seizure, or were otherwise lawfully kept, they may not be destroyed ; but upon satisfactory proof of such ownership or lawful possession, within said two weeks, before the justice or judge by whose authority said liquors were seized, said justice or judge shall deliver to the agent of said city or town, or person authorized or possessed as aforesaid, an order to the officer having said liquors in custody, where- upon said officer shall deliver them to said agent or person, taking his receipt therefor on the back of said order, which shall be returned to said justice or judge. Sect. 16. If any owner or keeper of liquors, seized as aforesaid, shall appeal from the justice or judge by whose authority the seizure was made, he shall give a bond in not \ less than two hundred dollars, with two good and sufficient sureties, to appear at the court appealed to,, and there to prosecute his appeal, and to abide the sentence of the court thereon, and that he will not, during the pendency of such appeal, violate any of the provisions of this act, or, in default of such bond, he shall stand committed to abide the sentence of the court appealed to ; and in case of such appeal, if the final decision shall be against the appellant, that such liquors were intended by him for sale, conti'ary to the provisions of this act, then such liquors shall be de- sti'oyecl, as provided in section fourteen. But nothing contained in this act shall be construed to prevent any chemist, or artist, or manufacturer, in whose art or trade they may be necessary, from keeping at his place of busi- ness such distilled liquors as he may have occasion to use in his art or trade, but not for sale. Sect. 17. It shall be the duty of any mayor, alderman, selectman, city marshal, or deputy marshal, sheriff, deputy sheriff, or constable, if he shall have information that any int6xicating liquors are kept or sold in any tent, shanty, hut, or place of any kind for selling refreshments in any public place on or near the grounds of any cattle show, agricultural exhibition, military muster, or any public occa- sion of any kind, to seize such liquors and arrest the keeper or keepers of such place, and take them forthwith, or as soon as may be, before some justice of the peace, or judge of some police court, with the liquors so found and seized, and upon proof and complaint that such liquors are intoxi- cating, that they were found in the possession of the accused, 1852. Chap. 322. 267 in a tent, shanty, or other place, as aforesaid, he or they shall be sentenced to the county jail or house of correction thirty days ; and the liquors so seized shall be destroyed by order of said justice or judge. Sect. 18. If any person arrested under the preceding increase of ap- section, and sentenced as aforesaid, shall claim an appeal, ^"^iqIj^""!^ he shall give a bond in a sum not less than one hundred ties required?" dollars, with two good and sufficient sureties, to appear at the court appealed to, there to prosecute his appeal, and to abide the sentence of the court thereon, and that he will not, during the pendency of such appeal, violate any of the provisions of this act, or in default of such bond, stand committed to abide the sentence of the court appealed to. In any suit, complaint, or indictment, or other proceeding Notice of for- against any person for a violation of any of the provisions ^ffickntTn^°°' of this act, other than for the first offence, it shall not be any subse- requisite to set forth particularly the record of a former con- 3^^"^* proceed- viction, but it shall be sufficient to allege briefly that such person has been convicted of a violation of the seventh section of this act, or as a manufacturer, or common seller, as the case may be; and such allegation in any civil or Maybe amend- criminal process, in any stage of the proceedings, before ^ " final judgment, may be amended without terms and as a matter of right. Sect. 19. All payments or compensations for liquors Payments for sold in violation of law, whether in money, labor, or per- 'violation, how sonal property, shall be held and considered to have been received in violation of law, without consideration, and against law, equity, and good conscience ; and in any action, either at law or equity, touching such money, labor. Purchaser and or personal estate, the purchaser and also the seller of such ^^^l^^ witness- '1 gg tor sibiicr liquors may be a witness for either party. And no action party, of any kind shall be had or maintained in any court in this Commonwealth, for the recovery or possession of intoxica- ting liquors, or the value thereof, except such as are sold or purchased in accordance with the provisions of this act. Sect. 20. This act shall take effect in sixty days from Take effect in and after its passage ; and all acts and parts of acts incon- ^^^^^ ^^y^' sistent with the provisions of this act are hereby repealed ; such repeal, however, not to affect any action or process No pending that may have been commenced under any existing law, lf^°^ ^^^^' before this act goes into effect. [Approved by the Governor^ May 22, 1852.] Secretary's Office. By the 256th chapter of the acts of 1851, entitled " An Act to provide for the Change of Names of Persons," it is provided that " the judges of probate for the several coun- ties shall annually, in the month of December, make a return to the office of the secretary of the Commonwealth of all changes of names made under and by virtue of this act, and such returns shall be published in a tabular form, with the statutes of each year." And the following returns are all that have been received at this department in ac- cordance with said act : — October 25, 1851. William Henry Magrath, of Roxbury, takes the name of William Gray. Decreed by Sherman Leland, judge of probate for the county of Norfolk. November 4, 1851. Joseph McQuid, of Amesbury, takes the name of Joseph Walton. Decreed by D. A. White, judge of probate for the county of Essex. December 23, 1851. Julia Ardelia Thurston, of South- wick, takes the name of Julia Ardelia Thurston Allen. Decreed by Thomas Kinnicutt, judge of probate for the county of Worcester. RESOLYES PASSED BY THE Ccgislaturc of ilTrtS0acl)us(tts. Resolve concerning Louis Kossuth. Chcip. 1 Resolved, That his excellency the governor be authorized invitation by and empowered, in the name and behalf of the people of ^°^^^'^'''^' this Commonwealth, to invite Louis Kossuth to visit this capital during the present session of the Legislature. [Ap- proved by the Governor, January 10, 1852.] Resolve in favor of Teachers' Institutes. Chap. 2 Resolved, That there be paid, annually, out of the trea- Si2o0 annu- sury, the sum of twelve hundred and fifty dollars, in ad- dition!^ ^ dition to the sums heretofore granted, for the purpose of defraying the expenses of Teachers' Institutes, and for increasing their number, under the direction of the board of education, and that his excellency the governor be au- thorized to draw his warrant accordingly. [Approved by the Governor, January 30, 1852.] Resolve authorizing the Treasurer to boiTow Money in anticipation of the Ch((p. 3 Revenue. " Resolved, That the treasurer of this Commonwealth be, Anv necessary and he hereby is authorized to bon-ow, in anticipation of sum. "J*^^^^; the receipts of the present year, of any of the banks of this ooo, unpaid. Commonwealth, or of any corporation therein, or of any individual or individuals, such sum or sums of money as may from time to time be necessary for the payment of the ordinary demands on the treasury, at any time before the expiration of fifteen days after the meeting of the next General Court, and that he repay any sum he may borrow, as soon as money suflicient for the purpose, and not other- 272 1852. -Chap. 3—6. wise appropriated, shall be received into the treasury: provided^ however, that the whole amount borrowed by au- thority hereof, and remaining unpaid, shall not at any time exceed the sum of two hundred thousand dollars. [Ajjproved by the Governor^ February 4, 1852.] Chap. 4 Resolve for the Pay of the Legislature and its Officers monthly. Pay of mem- Resolved, That there be paid out of the treasury of the bers, clerks, Commonwealth, to each member of the Legislature, at the end of every month during its session, the sum of fifty dollars : provided, it shall appear by the certificate of the clerk of either house that the pay of the member for the month, at two dollars per day, amounts to that sum, not including travel. Also, that there be paid to the clerks, messengers, doorkeepers, and pages of the two houses, a proportionate sum, upon producing the proper certificate. Governor may And his excellency the governor is hereby authorized to f '^^ffi^o'^no?^ draw his warrant on the treasurer for a sum not exceeding ' ■ one hundred thousand dollars, for the purpose above spe- cified. [Approved by the Governor, February 6, 1852.] Chap. 5 Resolve for the pay of the Council, Senate, and House of Representatives. Each member Resolved, That there be paid out of the treasury of this ^2 per day, Commonwealth, to each member of the senate and house expenses^. '°^ of representatives, two dollars for each and every day's attendance during the present political year ; and two dol- lars for every ten miles' travel from their respective places of abode, once in each session, to the place of the sitting of the General Court ; and also, to each member of the council two dollars for each and every day's attendance at that board, at every session thereof during the present po- litical year, and two dollars for every ten miles' travel from their respective places of abode, once in each session there- of; and to the president of the senate and the speaker of the house of representatives, each two dollars a day for every day's attendance, in addition to their pay as mem- bers, and that warrants be drawn accordingly on the orders of the respective branches. [Approved by the Governor, February 6, 1852.] President of senate and speaker of house $2 per day extra. Chan 6 Resolve on the Petition of Martin Wheelock. ;g30 per ann. Resolved, For reasons set forth in the said petition, that for three years, there be allowed, and paid out of the treastu-y of the Com- monwealth, to Martin Wheelock, of Gardner, in the county of Worcester, the sum of thirty dollars a year, for the term of three years, from the twelfth day of June, in the year 1852. Chap. 6—9. 273 one thousand eight hundred and fifty-one, should he live so long, and that warrants be drawn therefor accordingly. [Approved by the Governor^ February 6, 1852.] Resolve for the payment of interest on School Fund to the Town of Chan 7 Norton. ^ ' Resolved, That there be paid to the treasurer of the town 595.67 due last of Norton, in this Commonwealth, from the income of the y®*""' '^'^'^.°™^** ~m~m tGQ. DV IVllS" Massachusetts School Fund, the sum of ninety-five dollars take. and sixty-seven cents, being the sum to which said town was entitled from the income of the fund for the past year, but which was omitted, in the distribution made during that year, by mistake in the examination of the return of said town. [Approved by the Governor, February 6, 1852.] Resolve for paying tiie current expenses of the State Reform School. Chcip. 8 Resolved, That there be allowed and paid out of the 520,000 for treasury of the Commonwealth, to the trustees of the State ^^^^ ^'^^^' ^^^^' Reform School, to enable them to defray the current ex- penses of the said school for the present year, the sum of twenty thousand dollars, in manner following, to wit : the sum of five thousand dollars forthwith, and the remainder in three equal quarterly payments, the first of such pay- ments to be made on the first day of April next, and that warrants be drawn accordingly. [Approved by the Gov- ernor, February 12, 1852.] Resolves concerning the Printing for the Commonwealth. Ch(ip. 9 Resolved, That the secretary of the Commonwealth, and Secretary of the clerks of the senate and house of representatives, be weaith™cierk'3 directed to contract with White & Potter, to execute the of senate and printing for the various departments of the Commonwealth, iz°d^to con-°'" at the rate of thirty-five cents for the composition of each tract with thousand ems, for plain work, and seventy cents for rule t^ as^state and figure work, and sixty-five cents for printing and dry printers at the pressing each token of two hundred and fifty sheets of gpedfied^. medium paper: provided, that satisfactory bonds, to the amount of five thousand dollars, be given by said printers, for the faithful fulfilment of the terms of the said contract. Resolved, That the said contract shall be dated on the first day of March, in the current year, and shall be sub- stantially the same as the form of contract at present exist- ing with Dutton & Wentworth. Resolved, That all laws and resolves, inconsistent with the foregoing, are hereby repealed. [Approved by the Gov- ernor, March 2, 1852.] 27i 185-2. -Chap. 10—12. Chap. 10 Preamble. Such snms as the society would have received had their existence admitted of an- nual returns. Resolve in favor of the Hampsliire Agricultural Society. Whereas, the Hampshire Agricultural Society, incorpo- rated in the year one thousand eight hundred and fifty-one, in the course of the last year established a fund, agreeably to the provisions of the Revised Statutes, and awarded premiums in October last, on the supposition that the bounty of the Commonwealth would be paid to it, as to other agricultural societies, which, from previous existence, have made returns prescribed by law ; therefore, Resolved, That there be paid out of the treasury of the Commonwealth, to the Hampshire Agricultural Society, such sums as the said society would have been entitled to receive, agreeably to the proWsions of the laws respecting agricultural societies, had its existence admitted of an annual retiun, in the month of January, in the year one thousand eight hmidred and fifty-one ; and the governor is hereby authorized to draw a warrant for the same, accord- ingly. [Approved hi/ the Governor.^ 31arch 5, 1852.] Chap. 11 Schedule of tax for each county in the Sute. Resolve granting Ttixes for the several Counties. Resolved. That the sums placed against the names of the several counties, in the following schedule, are hereby granted as a tax, for each county, respectively, to be as- sessed, paid, collected, and applied, according to law, namely: county of Essex, fifty-five thousand two hundred dollars; county of ^Middlesex, eighty-tlu*ee thousand two hmidred and sixty -four dollars ; county of Worcester, fifty thousand dollars ; county of Hampshire, fourteen thousand dollars ; county of Hampden, r^-enty-eight thousand dol- lars ; county of Franklin, ten thousand dollars ; county of Berkshire, eighteen thousand dollars ; county of Norfolk, forty -three thousand dollars ; county of Plymouth, sLxteen thousand dollars ; county of Bristol, thirty thousand dol- lars ; county of Barnstable, seven thousand five hundred dollars ; county of Dukes, two thousand five hundred dol- lars. [Approved by the Governor, March 8, 1852.] Chap. 12 S422 53 paid on forfeited recognizance. Resolve in favor of Ruth Roberts, administratrix on the estate of John Roberts, deceased. Resolved, For reasons set forth in her petition, that there be allowed and paid out of the treasury of the Common- wealth, to Ruth Roberts, of Somersille, administratrix on the estate of John Roberts, late of said Somerville, deceased, the sum of two hundred and forty-two dollars and fifty- three cents; being the sum paid by said John Roberts, in his lifetime, on a judgment upon a forfeited recognizance, 1852. Chap. 12—15. 275 in favor of the Commonwealth, recovered on the tw^enty- fourth day of July, in the year one thousand eight hundred and forty-iiine, in the supreme judicial court for the county of Suffolk. [Approved by the Governor, March 15, 1S52.] Resolve for the relief of Elisha G. Woodward and the heirs of John Chan 13 Roberts, deceased. ^ ' Resolved, That the attorney-general be, and he hereby Discharged is, directed to discharge Elisha G. Woodward, of Boston, 5o°5^ite"re^ and the heirs and administrators of John Roberts, late of cognizances. Somerville, deceased, from all liability, by reason of a judg- ment upon certain forfeited recognizances, recovered by the Commonwealth, on the twenty-fourth day of July, in the year one thousand eight hundred and forty-nine, in the supreme judicial court for the county of Sutfolk. [Ap- proved by the Governor, March 15, 1852.] Resolve in favor of Elisha G. Woodward. ChciJ) 14: Resolved, For reasons set forth in his petition, that there 542.53 paid on be allowed and paid, out of the treasury of the Common- forfeited re- wealth, to Elisha G. Woodward, of Boston, the sum of*' °^^ forty-r^"o dollars and fifty-three cents ; being the sum paid by the said. Woodward on a judgment upon a forfeited recognizance, in favor of the Commonwealth, recovered on the tv\-enty-fourth day of July, in the year one thousand eight hundred and forty-nine, in the supreme judicial court for the county of Sutfolk. [Ajjproved by the Governor, March 15, 1852.] Resolve authorizing the Land Agent to sell lands in Maine to actual Chcin 15 settlers. ^ ' Resolved, That the land agent of this Commonwealth May sell for be, and he hereby is, authorized to sell and convey to actual deemerrel-^' settlers, for settling purposes, suitable tracts of land in sonabie, ex- Maine, belonging to this Commonwealth, for such consid- "^^p'' '**^" **'' eration as he may deem reasonable, proN'ided nothing in this resolve shall atithorize the land agent to sell and convey settling lots, in any townships owned jointly by Maine and Massachusetts, except to settlers who have equitable claims for the conveyance of the same already existing. [Approved by the Governor, March 18, 1S52.] 276 1852. Chap. 16—19. Chap. 16 Resolve in aid of the State Library. 51000 appro- Resolved.^ That the sum of one thousand dollars be, and priated. ^-}^g same hereby is, appropriated out of the treasury of the Commonwealth, for the purpose of supplying deficiencies and completing sets of important works in the State Library, under the direction of the trustees thereof; and that warrants be drawn therefor accordingly. [Approved by the Governor, March 18, 1852.] Chap. 1 7 Resolve for the compilation of a Manual for Arms with percussion locks. Adjutant-gen- Resolved, That the adjutant-general is hereby autho- pife manuai^f ^ized to Compile a manual of instruction for arms with per- instruction. cussion loclvs, according to the system prescribed by Scott for the government of the army, and to supply each field, staff, and company officer of the volunteer militia of the State \vith one copy. [Approved by the Governor, March 18, 1852.] Chap. 18 Resolve concerning the Election of Delegates to the Philadelphia Con- vention, to be holden on the fourth day of July, in the year one thousand eight hundred and fifty-two. Whereas, a communication has been received from the select and common councils of the city of Philadelphia, proposing to hold a convention of delegates from the thir- teen States of one thousand seven hundred and seventy-six, on the fourth day of July next, in the hall where the Decla- ration of Independence was made, for the purpose of con- sidering the expediency of erecting in the grove belonging to said hall "one or more" monuments commemorative, respectively, of the States and of the men, parties to that declaration ; therefore. Two delegates Resolvcd, That two delegates to said proposed conven- by Legislature, ^jqj^ |-,g choseu by this Legislature in convention of both branches, and that his excellency the governor be authorized to draw his warrant for the payment of their necessary ex- penses. [Approved by the Governor, March 26, 1852.] Chai). 19 Resolve in relation to the Protection of Cape Cod Harbor. Senators and Rcsolvcd, That the senators from this Commonwealth, representa- 'lyy the Congress of the United States, be instructed, and greTstouse" ^^6 representatives be requested, to use their influence in influence to endeavoring to procure an appropriation for the purpose of priationr^^'°' preventing the destruction of Cape Cod Harbor in this State. transmitVopv Rcsolvcd, That his exccffency the governor be, and he is to each. ' hereby, requested to transmit to each of the senators and 1852. Chap. 19—21. 277 representatives of this Commonwealth in Congress a copy of the foregoing resolution, and also the report of the com- mittee of the Legislature appointed to investigate that subject. [Approved by the Governor, March 26, 1852.] Resolve on the Petition of Luke Baldwin. Chat) 20 Resolved, For the reasons set forth in said petition, that xitie to real the title to a certain parcel of land, with the appurtenances, estate in Rox- situated in Roxbury, in the county of Norfolk, described in ed.'^ '°"^'™" a deed from Henry Timmins, executor to the said Luke Baldwin, dated February eleventh, one thousand eight hun- dred and forty-three, and recorded with Norfolli deeds, lib. 139, fol. 197, to which reference is to be had, be, and the same hereby is, confirmed to the said Luke Baldwin, his heirs and assigns, and that he and they shall hold the said land in fee simple forever. [Approved by the Governor, March 26, 1852.] Resolve on the Petition of Francis Parkman, Trustee. Chap. 21 Resolved, For the reasons in the said petition set forth, Trustee to sell that Francis Parkman, of Boston, trustee, be, and he is f^ convey in hereby, authorized and empowered to sell, either at public tain real es- or private sale, for cash or on credit, and to convey in fee ^^^^ described, simple by a good and sufficient deed, discharged from all trusts and liability for the application of the purchase money, the premises described in the said petition, being a certain piece of land with a brick store thereon, situated on Central street, in said Boston, numbered thirty and thirty- two in the range of buildings on the north side of said street, and bounded and measuring as follows, viz. : south- erly, in front, on said street, and there measuring twenty-one feet and eight inches ; westerly on a line running through the centre of the partition wall which divides this estate from the adjoining estate and land belonging to said Fran- cis Parkman, and there measuring forty-five feet and three inches ; northerly on a passage-way leading from Kilby street, and there measuring twenty feet and three inches ; and easterly on a line running through the centre of the partition wall which divides this estate from the land and warehouse of the heirs of Edward Blake Parkman, and there measuring about forty-three feet, — being the same premises which were conveyed to said Francis Parkman and the late George Parkman, deceased, as joint tenants in trust, by Robert G. Shaw, by deed dated P'ebruary sixteenth, eighteen hundred and twenty-nine, and recorded with Suffolk deeds, lib. 336, fol. 115, together with all the right conveyed 278 1852. Chap. 21—24. by said deed to the land lying northerly of said premises, being part of the passage-way above named ; and also, all the other rights, privileges, and appurtenances to said prem- Bond to judge ises belonging : provided, hoioever, that the said Francis of probate. Parkman shall first give such bond, with sureties, to the judge of probate for the time being, of the county of Suf- folk, as the said judge shall approve, with condition faith- fully to execute the power above conferred, and to pay and divide the net proceeds of the sale of said premises to and among the several persons who are entitled thereto, under the indenture referred to in the deed aforesaid from Robert. G. Shaw, according to their respective shares, proportions, and interests under said indenture. [Approved by the Gov- ernor, March 26, 1852.] Chnr) 22 I^^^olve on the joint Petition of the Howard Benevolent Society, the '-t ' American Unitarian Association, and the President and Fellows of Har- vard College. Common- Resolvcd, That the Commonwealth of Massachusetts wealth re- dotli hereby release to the Howard Benevolent Society, the claim* to cer- American Unitarian Association, and the President and tain real estate Fellows of Harvard College, and their several successors, corpomtions* all rights and claims which the said Commonwealth may by u. Lienow. have in or to certain real estate devised to the aforesaid corporations, in and by the last will and testament of Henry Lienow, late of Boston, deceased, according to the prayer of the aforesaid petitioners, and in the proportions, and to the usesy set forth in the last will, aforesaid. [Ap- proved by the Governor, March 27, 1852.] Chan 2.S Resolve in relation to the State Arsenal at Cambridge. Adjutant-gen- Rcsolved, That the adjutant-general be authorized to erai may erect erect within the grounds of the arsenal, at Cambridge, a house for^* brick dwelling-housc, with a slate roof, for the use and keeperof arse- occupation of the keeper of said arsenal, the cost thereof which shall not exceed the sum of twenty -five hundred To be paid for dollars, to be paid from the proceeds of the sale of such as specified, property, in the adjutant and quartermaster-general's de- partment, as may be ordered by the governor and council. [Approved by the Governor, March 30, 1852.] C'hni 94- Resolve for the repair of the Wharf at Captain's Island. . ,. , . Resolved, That the adiutant-ffeneral cause the wharf at Adjutant-cen- t i i i • i i i i • n i erai to cau-e Captam s Island to be repaired, and that his excellency the repair. govemor, by and with the advice of the council, be, and he hereby is, authorized to draw his warrant on the treasury 1852. Chap. 24—27. 279 for such sum as may be necessary for the purpose aforesaid. [Approved bjj the Gocenior, March 30, 1852.] Resolve on the Petition of Jonathan P. Earle. Chan '^i Resolved-! For reasons set forth in said petition, that May tile in Jonathan P. Earle, of Hubbardston, in the county of Wor- PF°'^''^*f "*^.^=^- . ._ *' Yit mid noticG cester, administrator of the estate of Alpheus Earle, late of of real estate, said Hubbardston, deceased, be allowed and authorized to to perpetuate r^ • ^ c r • i i-t-i- evidence as nle, m tiie court oi probate for said county, his arndavit, effectual as if and a copy of his notice of a sale, by him, as said adminis- ^g"^^"^"'*^ trator of real estate of said Alpheus Earle, in pursuance of a license of said court, granted on the second day of October, one thousand eight hundred and forty-nine, and that the same shall be as effectual to perpetuate the evi- dence of the time, place, and manner of giving such notice, as though the same had been done by him, within one year after the sale thereof, provided said ailidavit and copy be so filed within six months from the passage of this resolve. [Approved by the Governor.) March 30, 1852.] Resolve on the Petition of the Overseers of the Poor of the Town of m.rt^-i Od Grafton. ^"^P' ^^ Resolved, For reasons set forth in the petition, that there g6i.42 for sup- be paid to the treasurer of the town of Grafton, out of the ^°^i,^^ ^^ ™- treasury of this Commonwealth, the sum of sixty-one dol- ° lars and forty-two cents, in full, for the support of William A. Pingree, in the State lunatic hospital, thirty weeks, the said Pingree having no legal settlement in this Common- wealth, and that the governor draw a warrant therefor accordingly. [Approved by the Governor, March 31, 1852.] Resolve concerning Scott's System of Infantry Tactics. ChciV 27 Resolved, That the adjutant-general be authorized to pro- Adjutant- cure a sufTicient number of copies of Harper & Brother's "^"^""^^^ ™^X „ , i ' procure copies edition of " The System of Infantry Tactics," compiled by sutftcient, and General Winfield Scott, and adopted by the War Depart- eopyTo eacT ment, in the year one thousand eight hundred and thirty- of certain five, and to furnish one copy to each general and field °*'^"*- officer, division inspector, brigade-major, the adjutant of each regiment and battalion, and the commander of each company ; and, also, to fin-nish the first and second volumes of said System to each subaltern officer in the volunteer militia of the Commonwealth, the volumes to be delivered up by each officer who may resign, for the use of his successor. [Approved by the Governor, April 1, 1852.] 280 1 85 2. Chap. 28—30. Chap. 28 Resolve concerning a survey of the Surface Geology of the Common- " wealth. Governormay Resolvecl, That his excellency the governor be, and hereby engage rresi- jg authorized to arrange with President Edward Hitchcock, dent Hitch- ' o ' cock. of Amherst, to make a survey of the surface geology of the Commonwealth, provided the whole expense shall not exceed the sum of five hundred dollars. [Approved by the Governor, April 3, 1852.] Chap. 29 Resolve on the Petition of Chauncy Isbell. Authorized to Rcsolved, For reasons set forth in said petition, that sell certain Chauncy Isbcll, of Lcuox, in the county of Berkshire, be r6&l GStt3.t6 (16- . "^ . scriiied, on hereby licensed and empowered to convey, for the highest conditions, &c. price that can be obtained, and to give a good and valid title to the real estate in said petition described, so far as said title was in Nathan Isbell, at the time of his decease ; provided, that said Chauncy Isbell shall first give bonds to the judge of probate for the county of Berkshire, and his successors in office, in such sum, and with such sureties, as said judge of probate shall approve, conditioned faithfully to execute the power herein given, and to hold the proceeds in trust, for the use of the persons to whom said estate was by the will of said Nathan devised, in the same proportion as they would have taken said real estate by said will, and to give new sureties or bonds to the same effect, whenever said judge of probate, or his successors in office, shall order: provided, further, that the wTitten assent of Nancy Louisa Daneby and Harriet Abigail Daneby shall first have been obtained to said sale, or if they, or either of them, shall, at the time of such assent, be under the age of twenty-one years, then of their guardians lawfully appointed. [Ap- proved by the Governor, April 3, 1852.] Chap. 30 Resolve on the Petition of Charles Brigham. Authorized as Resolved, For reasons set forth in said petition, that trustee of Charles Brigham, of Grafton, as trustee of the Hassa- Grafton tribe • ^ ^x j. m r t j- i • of Indians to namisco or (jrraiton tribe oi Indians, or his successor in dispose of cer- gaid trust, is hereby authorized to execute and deliver the tate. ' release of certain real estate mentioned in the resolves of the General Court on petition of John Hecktor, and Harry Arnold, now deceased, passed the twenty-first day of May, in the year one thousand eight hundred and fifty-one, and such release shall have the same effect as if it had been executed and delivered by the said Hecktor and Arnold, agreeably to the provision contained in the first of said re- solves. [Approved by the Governor, April 3, 1852.] 1852. Chap. 31—33. 281 Resolve on the Petition of Alexander Houston. Chan. 31 Resolved^ For reasons set forth in said petition, that the j„f|„e ^f p^Q. judge of probate for the county of Sufiblk be, and hereby bate of Suffolk is, authorized and empowered to appoint some suitable apno'i'nra'^per- person to sell and convey, on such terms and conditions as son to sell a the said judge of probate may direct, all the right or possi- p"eTanTspe- bility of dower of Anna Maria Delano, a minor, wife ofoified right of Frederick W. Delano, of Boston, in said county of Suffolk, °^^'^'^" in a certain parcel of real estate, situate on McLean and Allen streets, in said Boston, being the same described in the deed of James K. Mills to William H. Delano, recorded with Suffolk Deeds, lib. 355, fol. 201, and such convey- ance shall be as effectual to release and bar all said Anna's right of dower in said estate as if the same had been exe- cuted by her jointly with her husband after they had both attained full age. [Approved by the Governor^ April 3, 1852.] Resolve on the Petition of John Jewett. Chap. 32 Resolved, For reasons set forth in said petition, that Executor of John Jewett, one of the executors of the last will and testa- Xufts^author- ment of Aaron Tufts, late of Dudley, in the county of ized to execute Worcester, deceased, is hereby empowered to execute the ]ud^^e°of pro- license granted him by the court of probate for said county, bate. to sell all the real estate of the deceased for the purposes indicated in said license, and to make, execute, and deliver to the purchasers of said estate, sold under said license, and in pursuance thereof, a good and sufficient deed or deeds in fee simple thereof, whereby a good and valid title to all the estate of the deceased in the premises shall be vested and confirmed in such purchaser or purchasers, the said executor in all things conforming to the provisions of the law as to giving bonds, taking the oath, giving notice, making and delivering a deed or deeds in the manner and form usual in case of sales by executors or administrators, by license of court. [Approved by the Governor, April 3, 1852.] Resolves concerning Ocean Postage. Chap. 33 Resolved, That an essential reduction on present rates of Reduction re- ocean postage will remove a very serious restraint now commended. existing upon the commercial and social relations between the United States and the nations of Europe, and will therefore tend greatly to the advancement of civilization and commerce. Resolved, That his excellency the governor be required senj^copLs^to to forward copies of these resolves to our senators in Con- senators and 36 • 282 1852. Chap. 33—35. members of gress, with a request that they will use their efforts in the Congress. accomplishment of so desirable an end. [Approved by the Governor, April 12, 1852.] Chap. 34 Resolves providing for the reception of Governor Kossuth. Whereas, Governor Louis Kossvith has accepted the invitation of the Commonwealth to visit the capital during the present session of the Legislature, Committee of Resolved, That a committee consisting of the president arrangements, and sevcu members of the senate, and the speaker and fif- teen members of the house of representatives, be appointed, who are hereby authorized to make all suitable arrangements in the name and behalf of the State, for the proper recep- tion of Governor Kossuth. Provision for Resolved, That his excellency the governor, by and with pensY^"^ ^^" the advice of the council, be, and hereby is, authorized to draw his warrant on the treasury for such a sum as may be necessary for the purpose aforesaid. [Approved by the Governor, April 12, 1852.] Chap. 35 Resolve on the Petition of John J, Loring and Thomas W. Phillips, trus- tees of Emmeline Habicht. Authorized to Resolved, For reasons set forth in said petition, that real ettate^de- ^^^^ J* Loring, of Taunton, in the county of Bristol, and scribed. Thomas W. Phillips, of Boston, in the county of Suffolk, trustees of Emmeline Habicht, wife of Claudius Edward Habicht, of the city, county, and State of New York, under the will of her father, Mathew M. Hunt, late of said Boston, deceased, by appointment of the judge of probate for said county of Suffolk, or their successors in said trust, be, and they hereby are, authorized and empowered to sell at public or private sale, and to execute all necessary deeds and in- struments to convey in fee simple the following estates lying in said Boston, viz. : — The land with the dwelling- house and out-buildings thereon, situated on Belknap street, formerly owned by sai^ Mathew M. Hunt, and which he acquired by deed from Howard Bowker, bearing date June 22, 1814, recorded in Suffbllv Registry of Deeds, lib. 244, fol. 177, and the land with the dwelling-house and out-buildings thereon, situated on a court leading from Boylston street, said dwelling-house being the third house from said Boylston street, in the block of houses fronting easterly on said court, formerly owned by said Mathew M. Hunt, and which he acquired by a deed from the Massa- chusetts general hospital, bearing date April 23, 1827, recorded in said registry, lib. 317, fol. 69, which estates are Bond to judge particularly described in said petition : provided, that the 1852. Chap. 35—38. 283 said trustees shall first give bond to the judge of probate for said county of Suffolk, with surety or sureties satisfac- tory to said judge of probate that they will faithfully exe- cute the powers herein granted to them, and will hold, invest, and apply the proceeds of such sales to the same uses and ultimate disposal as is provided in said will of said Mathew M. Hunt, deceased, respecting the real estate herein above described. [Approved by the Governor, April 13, 1852.] Resolve on the Petition of the Trustees of the Massachusetts Humane njiffn '^fi Society. 1 ' Resolved, That there be allowed and paid out of the ^2500 for re- treasury of the Commonwealth, to the trustees of the Mas- pairing life- sachusetts Humane Society, the sum of twenty-five hun- paratus.'^ ^^" dred dollars, for the purpose of repairing and preserving the life-boats now stationed on various parts of the sea-coast within this Commonwealth, and the life-saving apparatus attached thereto, and that a warrant be drawn therefor, and that said trustees shall report to the governor and council the manner in which said sum shall have been expended. [Approved by the Governor, April 13, 1852.] Resolve in favor of the Worcester West Agricultural Society. Chat) 37 Resolved, That there be paid from the treasury of this such sums as Commonwealth, to the Worcester West Agricultural So- bounty as ciety, such sums as bounty as said society would be en- been had re- titled to receive agreeably to the provisions of the Revised ^ums been Statutes respecting agricultural societies, had its returns the time, &c. been made within the time prescribed by law. [Approved by the Governor, April 13, 1852.] Resolves concerning Minot's Ledge Light-House. Chan 38 Resolved, That since the destruction by storm in April Erection of a of last year of the light-house on Minot's Ledge, near the Hght-house entrance of Boston harbor, the hazards of navigators enter- senators and ing said harbor have been greatly increased, and it is indis- representa- pensably necessary for the security of life and property that gVets ' request- a light-house be erected on or near said ledge in place of ^'^ t° procure the one destroyed, and our senators and representatives in ^pp'"°P"* ^'^^' Congress are hereby requested to use their efforts and influ- ence to obtain an appropriation for this object. Resolved, That his excellency the governor be requested to forward to each of our senators and representatives in Congress a copy of these resolves. [Approved by the Gov- ernor, April 13, 1852.] 284 1852. Chap. 39—42. Chan. 39 Resolves concerning the Publication of the State Map. Secretary of Resolved, That the secretary of the Commonwealth be weluth'^author- ^"^ ^^^ hereby is authorized to contract with Henry F. ized to con- Walling for the publication of the State map, until other- F* Waiii^ncr ^o wise Ordered by the Legislature, on such terms and condi- pubiish State tions as shall require the said Walling to see that the ^^^^- county commissioners of the several counties make such necessary corrections and alterations of the county plans as are now required by law, said coiTections to be trans- ferred to the plate in the same manner as heretofore, at the expense of the Commonwealth ; and that he cause copies of the said map to be printed as soon as may be after each correction of the plates, and properly prepared for sale as heretofore, and offered for sale at a price not exceeding five dollars per copy. Not required Resolved, That said Walling shall not be required to ^"onweaith°"^' P^Y "^^^ ^^^ treasury of the Commonwealth any portion of nor entitled to the procccds of the Sale of said maps, and no compensation any pay for ghall be allowcd him for his services. \ Approved hii the services. L j -« "^ Governor, April 20, 1852.] Chap. 40 Resolve on the Petition of Edward L. Teelc and Ellen C. Teele, his wife. Fvesolved^ For reasons set forth in the said petition that Authorized to ^|^g g^^-^ Edward L. Teele and Ellen C. Teele be hereby sell their real , . i n i i ^ c i x- estate, as if she authorized to Sell and convey the real estate oi the peti- wereof age. tioners described in said petition, of which they are seized, • in the right of the said Ellen C, in the same manner and with the same effect as if the said Ellen C. were of full age. [Approved by the Governor, April 20, 1852.] Resolve in favor of the Overseers of the Poor of G&y Head. Chap. 41 Pvesolved, That there be allowed and paid out of the ^.^^ treasury of the Commonwealth, to William A. Vanderhoof for support of and Zaccheus Cooper, overseers of the poor of Gay Head, P^.j'* ^Y'^ . tic ^^^ ^^^™ °^ ^^^^ hundred and fifty dollars for the support Indian. and maintenance of Clara Shepherd, a lunatic belonging to the tribe of Indians of Gay Head, and that warrants be drawn accordingly. [Approved by the Governor, April 20, 1852.] ChaD 42 Resolve on the Petition of Arad Dennison. 525 annually, Resolved, For reasous set forth in said petition, that for three years, there be paid out of the treasury of the Commonwealth, to Arad Dennison, of Leyden, twenty-five dollars annually, for three years, from the eighteenth day of May, one thousand eight hundred and fifty-two, and that warrants be drawn accordingly. [Approved by the Governor, April 20, 1852.] 1852. Chap. 43—46. 285 Resolve concerning grant of Public Lands in aid of National Normal Chan. 43 Schools. ^ Resolved, That Massachusetts deems it expedient and Appropriation just that Coniijress appropriate a portion of the public lands "* public lands to establish and endow a National Normal Agricultural Agricultural College, which shall be to the rural sciences what West College. Point academy is to the military, for the purpose of edu- cating teachers and professors for service in all the States of the Republic. Rcsolrcd, That his excellency the governor be requested Governor to to forward a copy of these resolutions to each of the sena- forward copies i ] J. i- • /-t r j-u cij. J- c to senators and tors and representatives in Congress, Irom the btate ot reprcsenta- Massachusetts, with a request that they be laid before that tives in Con- body. [Appj'oved by the Governor, April 20, 1852.] °'^^^^' Resolve to preserve Coupons which have been paid by Railroad Chn^i 11 Corporations. ^najj. -t± Resolved, That the treasurer of the Commonwealth be Treasurer of authorized to receive of such railroad corporations in this *|^^ Cnmraon- Commonwealth as have bonds with coupons, signed by ceive coupons the treasurer of the Commonwealth, the coupons that have to be preserved been or may be paid by said corporations, and give his &c. receipt for the same, to be preserved as evidence of the payment of the interest on said bonds ; said railroad corpo- rations to deliver said coupons to the treasurer, in such convenient form for examination as he may require. [Ap- proved by the Governor, April 21, 1852.] Resolve on the Petition of William Finney. Chan 45 Resolved, For reasons set forth in said petition, that 5475 to be there be allowed and paid out of the treasury of the Com- P^i specified, erected by President Wadsworth, of Harvard College, about the year one thousand seven hundred and thirty, to the memory of Captain Samuel Wadsworth, and a large number of other officers and soldiers in the service of the colony, who were slain upon the spot marked by the mon- ument, on the eighteenth day of April one thousand six hundred and seventy-six, in the defence of that town against the Indians, — the said sum to be expended under the direction of his excellency the governor, in connection with a committee of said town of Sudbury, and that the governor is hereby authorized to draw his warrant accord- ingly. [Approved by the Governor, May 5, 1852.] 37 290 1852. Chap. 55—57. Chap. 55 Resolve for the Payment of the Contingent Expenses of the Council, ■'^ Legislature, and various offices in the State House, for the Year One Thousand Eight Hundred and Fifty-two. Not exceeding Resolved, That there be paid out of the treasury of the ^2000 for con- Commonwealth, to the sersreant-at-arms, a sum not exceed- tjnffent ex- ^ o ^ ' penses, &c. ing two thousand dollars, to enable him to defray certain contingent expenses for the General Court and the various offices in the State house during the present year ; and also to pay any sum not covered by the appropriations of the year one thousand eight hundred and fifty-one, and that warrants be drawn accordingly. [Approved by the Governor, May 5, 1852.] ChciJ). 5G Resolve authorizing the Treasurer of the Commonwealth to collect a Claim -* * due from the State of Rhode Island. Treasurer to Rcsolved, That the treasurer of this Commonwealth be, Rh^^d* 1**1 d ^^^^ ^^^ hereby is, authorized to collect of the State of Rhode principal and Island the amouut that may be due for principal and inter- interestdueon ggj; ypou a certificate issucd by said State, and dated June & certiiic3.xe ot ' •/ ' June 18, 1798. 18, 1798, and numbered 229, signed by Henry Sherburne, treasurer of Rhode Island, and payable to Peleg Coffin, as treasurer of Massachusetts, for the sum of one hundred and twenty-five dollars and eighty-one cents, with interest at four per cent per annum ; and in case the certificate can- not be found by the treasurer of this Commonwealth, he is hereby authorized to give his bond as treasurer of the Com- monwealth, guaranteeing to hold the said State of Rhode Island harmless for or on account of any future claim for the payment of said certificate, and in case the said State of Rhode Island shall neglect or refuse to pay the amount of the claim as above specified, then the treasurer of this Commonwealth is hereby authorized and directed to take such legal steps as will enable him to prosecute and collect the same. [Approved by the Governor, May 7, 1852.] Chaj). 57 Resolve for the Pay of Clerks of the Legislature. sio per day Rcsolved, That there be allowed and paid, out of the trea- each to clerk sury of the Commonwealth, to the clerk of the senate, and to clerk' of house, f^e clerk of the house of representatives, each the sum of ten and $Q per day doUars a day, and to the assistant clerk of the senate, and clerks'^^ ^"^ ^^^ assistant clerk of the house of representatives, each the sum of six dollars a day for each and every day they have gi50 each to been or may be employed in that capacity during the pre- and^ouse^or^ ^^"^^ session of the Legislature ; and that there be further copying jour- paid to the clerk of the senate, and the clerk of the house nals. p£ representatives, the sum of one hundred and fifty dollars each for copying the journals for the State library as 1852. Chap. 57—58. 291 required by the orders of the two houses, and that warrants be (h-awn accordingly. [Approved by the Governor, May 7, 185:3.] Resolve for the Payment of the State Pauper Accounts in the Auditor's (JJian 58 Office. ^ " Resolved, That the sum of two thousand three hundred 52372.88 in and seventy-two dollars and eighty-three cents be paid out full payment of the treasury of this Commonwealth, in full payment to one towns^as the sixty-one towns, hereafter named, of their several pau- specified here- per accounts now on file in the auditor's office, and that warrants be drawn accordingly, viz. : to Ashfield, twenty- eight dollars and twenty-six cents; Oxford, eighty -three dollars and eighty-five cents ; Halifax, two dollars and eighty cents ; Bridgewater, eighteen dollars and nineteen cents ; Andover, two hundred and ninety-three dollars and sixty-nine cents ; Ashland, six dollars and sixty cents ; Lex- ington, one dollar and fifty-four cents : Maiden, forty -three dollars ; Westford, ten dollars and fifteen cents ; Dudley, five dollars and eleven cents; Leominster, seventeen dollars and four cents; Shrewsbury, twenty-six dollars and seventy- one cents ; West Boylston, one hundred and five dollars and eleven cents ; Palmer, one hundred and sixty-one dol- lars and seventy-three cents ; Monson, fourteen dollars and sLxty cents ; Boxford, one dollar and twenty-six cents ; Bradford, eight dollars and ninety-nine cents ; Wenham, six dollars and eighty-six cents ; Newton, one hundred and eighteen dollars and fifty-nine cents ; Townsend, nineteen dollars and eighty-four cents ; Sudbury, fourteen dollars and eighteen cents ; West Cambridge, three dollars and fifty- five cents ; Blackstone, eighty-eight dollars and eighty-two cents ; Douglas, one dollar and sixty-one cents ; Prescott, sixteen dollars and twenty-seven cents; Williamsburg, two dollars and ninety-four cents ; Russell, twenty-six dollars and forty-sLx cents ; Erving, seven dollars and seven cents ; Heath, ten dollars seventy-eight cents ; Leverett, twenty- three dollars and ninety-two cents ; Rowe, seven dollars and forty-five cents ; Wendell, ten dollars and sixty-four cents ; Lanesborough, one hundred and eighteen dollars and forty-seven cents ; Lee, fifty dollars and thirty cents ; Otis, sixty-five dollars and seventy-four cents ; Sheffield, twenty-five dollars and fifty-five cents ; Needham, sixty- eight dollars and eleven cents ; Stoughton, sixteen dollars and seventy-seven cents ; Walpole, twenty-four dollars and seventy-six cents ; Dartmouth, thirty-five dollars and thirty- five cents ; Dighton, thirty-seven dollars and forty-nine cents; Easton, fourteen dollars and fifty-six cents; Norton, 292 1852. -Chap. 58—61. six dollars seventy-two cents ; Somerset, twenty-five dollars and sixty-two cents ; Westport, fifty-one dollars and ten cents ; Abington, twenty-four dollars and fourteen cents ; Hingham, thirty-four dollars and sixty-one cents ; Roches- ter, one hundred and thirty-eight dollars and seventy-two cents ; Orleans, twenty-five dollars and fifty -five cents ; Yarmouth, twenty-five dollars and fifty-five cents ; Edgar- town, thirteen dollars and seventy-five cents ; Hopkinton, six dollars and two cents ; Millbury, thirty-six dollars and twenty -two cents ; Colerain, forty dollars and fifteen cents ; Lenox, twenty-seven dollars and twenty cents ; Natick, forty -four dollars and seventeen cents ; Northborough, forty- two dollars and ninety-eight cents ; Amherst, sixty-six dollars and seventy-four cents ; Southwick, thirteen dollars and forty-four cents ; Cummington, one hundred dollars. [App7-oved by the Governor, May 7, 1852.] Chap. 59 Samuel War- ner, Jr., dis- charged from payment of proceeds of land sold in Maine, 1851. Resolve on the Accounts of the Land Agent. Resolved, That Samuel Warner, Junior, land agent of the Commonwealth for selling lands in the State of Maine, be, and hereby is, discharged from the payment of the sum of seven thousand eight hundred and seventy-five dollars and fifty-three cents, received by him on account of said lands in the year one thousand eight hundred and fifty-one, as specified in his account rendered on the thirty-first day of December, of the same year. [Approved by the Gov- ernor, May 7, 1852.1 Chap. 60 ^122 allowed. Resolve in favor of Anan Richardson and others. Resolved, That there be allowed and paid out of the treasury of the Commonwealth, to Anan Richardson, thirty- two dollars ; to John Robbins, thirty-two dollars ; to Moses Knap, twenty-nine dollars ; and to Gardner Chase, twenty- nine dollars ; the whole amounting to one hundred and twenty-two dollars, being in full for their services and expenses in pursuing and arresting Seba Carpenter, a fugi- tive from justice, and that warrants be drawn accordingly. [Approved by the Governor, May 1th, 1852.] Chap. 61 Resolves concerning the disputed boundary between the States of Rhode Island and Massachusetts. Governor may Rcsolved, That his excellency the governor, by and with appoint Com- the advicc and consent of the council, be, and he is hereby, missioner to authorized to appoint a commissioner to remove the stone remove monu- ii i- r- -j-i-iii ment between moiiumeuts, erected by authority of resolves of April 11th, Mass.andR. I ig^g^ by Commissioners appointed under resolves of Feb- 1852. Chap. 61—63. 293 ruary 27th, 1844, to act in conjunction with commissioners on the part of the State of Rhode Island, in ascertaining, or establishing, the true boundary line between the States of Rhode Island and Massachusetts. Resolved, That his excellency the governor be, and he is May employ hereby, authorized, at his discretion, to employ counsel for fend^suits. ^ the defence of any suits which may be brought under the laws of Rhode Island, against any citizen of this Common- wealth, for any acts, not in violation of the laws of this Commonwealth, committed within the limits of the territory in dispute between the States of Rhode Island and Mas- sachusetts, to the end that such suits may be carried to the supreme court of the United States for adjudication, and to the end, also, that the ancient rights and privileges of the citizens of this Commonwealth may be preserved and main- tained. Resolved, That the governor be authorized to draw his warrant on the treasiu"er for the expenses that may be incurred by the execution of these resolves. ^Approved by the Governor, May 13, 1852.] Resolve in favor of Jose Monteiro d' Almeida and Sister. Chap. 62 Resolved, That there be paid, out of the treasury of the ^gge.sa. Commonwealth, to Jose Monteiro d' Almeida, and to Maria Josefa Almeida Santana, heirs at law of William Almeida, an alien, late of Salem, in the county of Essex, mariner, deceased, or to Joseph Rider, of said Salem, their attorney, ^ the sum of ninety-sLx dollars and eighty-five cents, being the amount paid the State treasurer by Thomas Needham, Esq., public administrator, and administrator of the estate of said William Almeida. [Approved by the Governor, May 13, 1852.] Resolve concerning the State Normal School at West Newton. Ghat) 63 Resolved, That the sum of six thousand dollars be, and ^ggoo from the same is hereby, appropriated from the proceeds of the proceeds of public lands, or the school fund, according to the provisions purposes%e-^ of the act of one thousand eight hundred and forty-six, cified herein. chapter 219, to defray the expenses of providing a more commodious site and building, and the necessary appurte- nances and apparatus, for the accommodation of the State Normal School now established at West Newton, and that the same be expended for that purpose, under the direction of the board of education, upon whose requisition the gov- ernor is hereby authorized to draw his warrant upon the treasurer, to the amount aforesaid. 294 1852. -Chap. 63—66. Resolved^ That the board of education be authorized to purchase and receive grants of land in the name of the Commonwealth, and in suitable quantity, for the site of said building, and the accommodation of said school, and that before selecting said site, they be directed to receive propositions from towns or individuals in aid of the objects of these resolves, and afterwards to make such selection as will, in their opinion, best subserve the interests and accom- modate the wants of said school; but the said board of education shall limit the time for receiving such proposi- tions, to a term not exceeding six months from the time of the passage of this resolve. [Approved by the Governor, May 13, 1852.] Chap. 64 Resolve to authorize the Secretary of the Commonwealth to prepare and publish Statistics, showing the progress of the Commonwealth. absti^act'ie" Resolved, That the secretary of the Commonwealth be turns of cen- authorized to prepare and present, in a printed form, to the 6US. &c. &c. i^ext Legislature, an abstract of the returns under the national census of the year one thousand eight hundred and fifty, combined with such other facts as he may deem expedient, to illustrate the progress in population, industry, and wealth, of the several cities and towns of this Com- monwealth. [Approved by the Governor, May 13, 1852.] Chap. 65 ^8200 per an- num for three years. Resolve concerning the State Normal Schools. Resolved, That the sum of eight thousand two hundred dollars annually, for three years from the first day of January next, be appropriated to the support of the State Normal Schools, under the direction of the board of education ; the said amount to be deducted from the proceeds of the public lands, or the school fund, according to the provisions of the act of the year one thousand eight hundred and forty-six, chapter 219, entitled, " An act to designate the fund for the payment of the salary of the land agent, and of appropria- tions for educational purposes," and that his excellency the governor be authorized to draw his warrants accordingly. [Approved by the Governor, May 13, 1852.] Chap. 66 Resolve on the Petition of James Deblois and Wife. Authorized to Resolved, For reasons set forth in the said petition, that ^'"hT'^'V^' J^™^^ Deblois, administrator, de bonis non, with the will tate. annexed, of Thomas Robbins, late of Charlestown, de- ceased, is hereby authorized and empowered to sell at public or at private sale, the house and land in Charles- town, on Putnam and Common streets, the income of 1852. Chap. 66—69. 295 which was given by said will, for life, to Tabitha, grand- daughter of the said deceased, and now wife of the said James, and to convey the same by deed duly executed and acknowledged, and invest the proceeds of such sale in other real estate, that the same shall descend in the manner de- signated in said will : provided, that the said Deblois shall first give bonds to the judge of probate for the county of Middlesex, that he will faithfully execute the power hereby granted him. [Approved by the Governor, May 13, 1852.] Resolve in relation to the Indexes of the General Court Records. Chop. 67 Resolved, That six hundred copies of the indexes of the six hundred General Court records, up to the time of the adoption of ^"P'f^^? • • • -I f T -^ • • 1 printed for the constitution, be printed for distribution m the manner distribution. hereafter to be provided ; and the said printing be done under the direction and supervision of the present clerk of the senate, who shall receive such compensation for said service as the governor and council shall determine. [Ap~ proved by the Governor, May 13, 1852.] Resolve on the Petition of the Town of Raynham. Ckcif). 68 Resolved, For reasons set forth in said petition, that So much to be there be reserved out of the present year's income of the ^®^^''^'?'^^ ^'J°"* school fund, for the benefit of the town of Raynham, a sum fund for bene- equal to what that town would have received from the in- ^ °f ^"^"^ °^ come of the same for the last year, if the report of the would have school committee of the said town had been received at the ^^^^ received office of the secretary of the Commonwealth on or before the thirtieth of April, one thousand eight hundred and fifty- one, and that the same, so reserved, be added to the share, if any, to which the said town of Raynham may be entitled from the present year's income of the said fund. [Approved by the Governor, May 13, 1852.] Resolve concerning tlie State Prison. Chnn 69 Resolved, That the sum of three thousand dollars be, ^3000 allowed and hereby is, appropriated, to be expended under the ^°\ completing ... •' ' r_i _ r • 4. 1 X • X 1 ^1 enlargement direction ot commissioners appointed to superintend the and providing enlargement of the State prison, to defray the expenses of apparatus. comj)leting said enlargement and providing such apparatus as may be necessary for the accommodation of said prison ; ffj.^oo to be and that the further sum of seven thousand fi.ve hundred expended un- dollars be appropriated, to be expended under the direction i,fspeao'rs!* of the board of inspectors, and that the governor be author- ized to draw his warrant accordingly. [Approved by the Governor, May 14, 1852.] 296 1852. Chap. 70—73. Chap. 70 Resolve in favor of an Indian Pauper, of Christiantown. Resolved^ For reasons set forth in the petition, that there be allowed and paid out of the treasury of the Common- wealth, to the guardian of the Gay Head Indians, for the support of an Indian child, of Christiantown, the sum of 550 annually fifty dollars annually, for the term of two years, com- wojeaia. j^pj^cing on the last day of May, one thousand eight hundred and fifty-two, and that a warrant be drawn there- for accordingly. [Approved by the Governor, May 14, 1852.] Chw). 7 1 Resolve to compensate the Land Commissioners for services and expenses -^ ' incurred, 5100 to be paid Resolved, That there be paid out of the treasury of the fand comn^is- Commonwealth, to the land commissioners, the sum of one sioners for the hundred dollars each for each of the years of one thousand iss'If ^" eight hundred and fifty-one and one thousand eight hun- dred and fifty-two, which shall be in full for services ren- dered and expenses incurred during said years, under the act of one thousand eight hundred and fifty, chapter 307. [Approved by the Governor, May 14, 1852.] Chap. 72 Resolve for the Payment of the Sanitary Commissioners. To Lemuel Rcsolved, That there be allowed and paid out of the chairman' treasury of the Commonwealth, to Lemuel Shattuck, chair- 5694.13. man of the commissioners appointed under the resolve entitled a " Resolve relating to a Sanitary Survey of the State," passed in the year one thousand eight hundred and forty-nine, the sum of six hundred and ninety-four dollars and thirteen cents, in full for the balance of their accounts, and that the governor be authorized to draw his warrant accordingly. [Approved by the Governor, May 18, 1852.] Chap. 73 Resolves concerning the Massachusetts Militia Claim. Claim for miii- Rcsolved, That the claim of Massachusetts against the tary services general government for services, disbursements, and ex- declared to be penditures during the late war with Great Britain, is just just, and un- i(^ i^^y ai^^j equity ; that the long refusal on the part of the held. federal government to pay the same is a denial of justice to the Commonwealth and a violation of duty, tending to impair that generous confidence which ought to exist on the part of the people of the States in the national coun- cils. Governor au- Resolved, That the governor, by and with the advice point an ageru" ^ud consent of the council, is hereby authorized and 1852. Chap. 73—75. 297 empowered to appoint an agent on the part of the Com- monwealth to prosecute and, if possible, to enforce the recognition and payment of the full amount of said claim ; and said agent shall be paid for his services from the trea- sury of the Commonwealth, on a warrant which the Gov- ernor is hereby authorized and directed to draw on the treasurer therefor. Resolved, That the members of Congress from this Com- monwealth be, and are, hereby requested to render such Members of assistance as may be in their power, to said agent, in the ques^ed^Uald, prosecution of said claim. &c- Resolved, That a copy of the foregoing resolves be transmitted by the secretary of the Commonwealth to each of our senators and representatives in Congress. [Approved by the Governor, May 18, 1852.] Resolve on the Petition of Franklin Hall. Chap. 74 Resolved, For reasons set forth in said petition, that certain acts in Franklin Hall, of Cambridge, in the county of Middlesex, probate au- administrator of the estate of Dennis Toomey, late of Jg^f^f"*^ Charlestown, in said county, deceased, be allowed and au- thorized to make, file, and have recorded in the ofRce of the probate court for said county, his affidavit, together with a copy of the notice of his appointment as administrator aforesaid ; also, that he be allowed and authorized to make, file, and have recorded in the office of the said probate court, his affidavit, together with a copy of his notice of sale, in pursuance of a license of said court, by him, as such administrator of certain real estate of said Dennis Toomey, situated in said Charlestown, on the eleventh day of October, in the year one thousand eight hundred and forty-nine ; and that the same shall be as effectual to per- petuate the evidence, and shall be admitted as such, of the time, place, and manner of giving such notices, as if the same had been made by him within one year after the date of the administration bond, and of the sale aforesaid, respectively : provided, that said affidavits and copies be so filed within six months from the passage of this resolve. [Approved by the Governor, May 18, 1852.] Resolve for the Publication of the Reports of Contested Elections. Chop. 75 Resolved, That L. S. Cushing, C. W. Storey, and Lewis Josselyn be, and they hereby are appointed commissioners ^°™™'^o|°ted to prepare and publish a new edition of the reports of con- tested elections, prepared and published by said Cushing, in pursuance of an order of the house of representatives of March first, one thousand eight hundred and thirty-four, 38 298 1852.- -Chap. 75—77. to subject. including therein reports of all the cases which have oc- curred since the time of said publication. . Resolved., That the said commissioners include in, or opinions of s. append to, the publication hereby authorized, all opinions tn Ri'iKiplMr^''^^ given by the supreme judicial court, at the request of either branch of the Legislature, relating to the several subjects contained in the same, and also a digest of all the decisions of the supreme judicial court concerning the qualifications of voters and the duties of town officers in presiding at elections. Resolved, That fifteen hundred copies of the publication hereby authorized be printed by the printers to the State, and be distributed in like manner with other books printed by order of the Legislature. \^Approved by the Governor., May 18, 1852.1 1500 copies. Chap. f-ia Resolve granting Aid for the Suppression of Counterfeiting Bank Bills and Coins. bills. Resolved, That a sum not exceeding two thousand five ly for five yrs. hundred dollars be granted and paid, annually, for the *'o'\PF^^s"*'"^s period of five years after the passage of this resolve, out of counterfeit ° the treasury of the Commonwealth, to any association of officers of the banks in this Commonwealth, for the pur- pose of the prevention and detection of the crimes of mak- ing or tendering in payment as true, comiterfeit bank bills or counterfeit gold and silver coins, and that the governor be authorized to draw his warrant accordingly from time to time, for such sums not exceeding two thousand five hundred dollars in each year, as shall be equal to half of the sum which such association shall certify and prove to the governor to have been raised and judiciously expended by such association for the purposes above specified. [Ap- proved by the Governor, May 18, 1852.] ;g5,.500 for in cidental ex- penses. Chap. 77 Resolve for the payment of incidental expenses of the State House. Resolved, That the sum of five thousand five hundred dollars be, and hereby is, appropriated to defray the ex- pense of incidental repairs upon the State House, and for the purchase of necessary articles of furniture during the present year for the use of the Legislature and the various offices connected therewith, including a burglar-proof safe and locks for the treasury vault not to exceed the sum of five hundred dollars ; and that the same be expended under the direction of the sergeant-at-arms. [Ajjproved by the geant-at-arms. Q^^^^^^^or, May 18, 1852.] Under direc- tion of ser- 1852. Chap. 78—79. 299 Resolve concerning the Quartermaster-General's Department. ChciD. 78 Resolved, That the sum of four thousand three hundred and fifty dollars be, and the same is hereby appropriated, to defray the expenses of the Quartermaster- General's de- partment for the current year, and that warrants be drawn accordingly. [Approved by the Governor, May 18, 1852.] Resolves concerning Boston Harbor and the Back Bay. Chan. 79 Resolved, That the governor, with the advice of the Three commis- council, be authorized to appoint three commissioners to t|°"^^V*° ^^*' act for and in behalf of the Commonwealth, with full pow- rights and in- ers, for the following purposes : — latfve d°aims of First. To determine and settle, by agreement, arbitra- Common tion, or process of law, the relative rights and interests of the pa^r^til^s ^o" andl Commonwealth and all other parties, claimants, in the lands in Back Bay. and flats below high-water-mark, in the Back Bay, and under the mill-dam, and two hundred feet north thereof (to the harbor line established by law) ; to secure the interests of the Commonwealth therein against encroachments, or loss by adverse possession ; and with the approbation of the governor and council, to sell and release, by deeds to be duly executed and delivered, in the name and behalf of the Commonwealth, any or all of its rights and interests in the said lands and flats, or any part thereof, to such parties and for such considerations, in money, or land, or any cor- porate franchise or other rights, to be released to the Commonwealth, or in public improvements, as they shall deem just and conducive to the public welfare, as herein provided. Second. To devise or adopt a plan for changing the use to devise plan of the said lands and flats, or any part thereof, from mill ^^ ^l^i^^s "P- purposes to land purposes, and for filling up and improving the same, for building lots, with clean gravel or hard earth as high as the mill-dam, securing perfect drainage and spacious streets, squares, and ponds, if deemed expedient for public use and ornament, without toll, and with a strong, smooth sea-wall having ample sluicew^ays therein for the flow of the tide into and out of the full basin and any ponds which may be left in the empty basin, for pre- serving undiminished the scouring force of the water issuing from said basins, and increasing the same as much as pos- sible for the benefit of Boston harbor. Resolved, That all persons and corporations, owning or ^^u claimants claiminsr the said lands and flats, or any part thereof, or authorized to • 1 i_ i-j^\ • , , • / ,1 1 u make acree- any right, title, or interest in or to the same, are hereby mgnt with authorized to make any agreements with the said commis- commission- sioners for the purposes aforesaid, and in pursuance thereof 300 1852. Chap. 79—81. to change the use of the said lands or flats, or any part thereof, from mill purposes to land purposes, and to fill up and improve the same according to said plan, and not otherwise, and the same to hold and dispose of in fee, when released by the Commonwealth, and in consideration of such release or agreements to surrender any franchise, or flowage, or toll, or other rights whatsoever, conformably to such agreements ; subject, however, to the rights of others not assenting thereto. Commission- Resolved., That the said commissioners shall appoint a time°and'pluce ^^^^ ^^^ place for the hearing of all parties interested in for hearing all the premises, on all matters preliminary to the execution of r^pon their their commissions, and shall give at least thirty days' notice acts to gov- thereof, by publication in three or more newspapers printed g«tany new^' i^ the city of Bostou ; and they shall report to the governor law,'&c., annually, or oftener, if required, during the continuance of their commission, their acts and proceedings in the pre- mises ; and it shall be their duty to suggest for consideration any new enactments of law which they may think needful for the purpose of carrying into full effect any agreements made or contemplated by them, and of securing the public objects aforesaid in the future improvement of said land and fiats, conformably to said plan ; and they shall keep count of ser- an account of all their actual services and of all expenses vices and ex- attending the execution of said commission, to be duly audited, and allowed by the governor and council, and paid by warrants upon the treasury duly drawn for that purpose by the governor, who is hereby authorized to draw the same. [Approved by the Governor^ May 20, 1852.] Chcip. 80 Resolve in favor of Increase N. Emerton. SoO per annum Resolvsd, That there be allowed and paid out of the for three rears treasury of the Commonwealth, to increase N. Emerton, of ton, for injury Lynn, the sum of fifty dollars a year for three years, for on military injuries sustained by him while in the performance of mili- tary duty ; the said sum to be paid annually, on and after the first day of May, in the year one thousand eight hun- dred and fifty-tsvo, and that warrants be drawn accordingly. [Approved by the Governor, May 20, 1852.] Char) 81 Resolve in favor of Moses Newell. S28 balance, RcsoIvcd, That there be paid out of the treasury of the for services in Commonwealth, to Moses Newell, of Essex county, the sena e 3 . ^^^ ^^ tsventy-eight dollars, being the balance due him for services rendered in the senate in the year one thousand eight hundred and fifty-one, and that a warrant be drawn accordingly. [Approved by the Governor, May 20, 1852.] 1852. Chap. 82—86. 301 Resolve on the Petition of Baring Brothers and Company. Chan. 82 Resolved, For reasons set forth in the said petition, that Treasurer to the treasurer of the Commonwealth be authorized to pay P^y ^^^^ or Messrs. Baring Brothers and Company, of London, or their of interest due agent, the amount of interest due on the first day of Janu- Jan. i,i8-50,on ary, in the year one thousand eight hundred and fifty-two, of scrip, on on one certificate of scrip issued by the State of INIassachu- certain condi- setts for the benefit of the Eastern Raih-oad, numbered fif- teen, for five thousand dollars; the interest warrant of which certificate is supposed to be lost ; whenever the said Baring Brothers and Company, or their agent, shall furnish said treasurer with a satisfactory bond of indemnity to save the Commonwealth harmless firom any future claim for the interest due on said certificate of scrip on said first day of January. [Approved by the Governor, May 20, 1852.] Resolve concerning the Digest of the Militia Laws. Chan 83 Resolved, That the sum of five hundred dollars be paid 5500 to adju- to the adjutant-general for the digest of the existing laws tant-generai of the Commonwealth in relation to the militia, recently prepared by virtue of the resolve of March 7, 1845, and that a warrant be drawn accordingly. [Apjproved by the Governor, May 20, 1852.] Resolve in favor of Leander Crosby. Chan 84 Resolved, That there be allowed and paid, out of the treasury of the Commonwealth, to Leander Crosby, of ^/Jf.'k^Pf °'" Orleans, the sum of one hundred and ten dollars, in full for during session. expenses of sickness during the present session of the Le- gislature, and that a warrant be drawn accordingly. [Ap- proved by the Governor, May 20, 1852.] Resolve concerning the Punkapoag Indians. Chan 8t Resolved, That his excellency the Governor, with the advice and consent of the council, be, and he is hereby au- ap°po^iSi°guar- thorized to appoint a guardian of the Punkapoag Indians, dian. to fill the vacancy occasioned by the resignation of Thomas French, to hold office during the pleasure of the governor and council, and to receive such compensation for his ser- vices as they shall determine. [Approved by the Governor, May 20, 18o2.] Resolve in relation to the Old Colony Records. Chan 86 Resolved, That the secretary of the Commonwealth be, secretary au- and he is hereby authorized to contract with the register of thorized to probate for the county of Plymouth for making a complete index of the old 302 1852. Chap. 86—90. colony records, and commoii index of all the volumes of the old colony ceedin "«200^ records which are now severally indexed ; and also an in- dex of the book of court actions never indexed ; and of the book of births and burials : provided^ that the expense of the same shall not exceed the sum of two hundred dollars. [Approved by the Governor, May 20, 1852.] Chd)). 87 Resolve on the Petition of William Ramsdell. 5887.68 to be Resolvcd, For reasons set forth in said petition, that Asa returned to -^ Farr, district attorney for the northern district, be, and he hereby is authorized, and directed, to return to William Ramsdell, of Maiden, in the county of Middlesex, the sum of eight hundred and eighty-seven dollars and sixty-eight cents, paid to said Asa W. Farr by said Ramsdell to re- deem certain lands set off to the Commonwealth after the expiration of the time of redemption. [Approved by the Governor, May 20, 1852.] Chap. 88 Resolve in favor of Nahum Ayres. S32, expenses Resolvcd, That there be allowed and paid out of the of sickness treasury of the Commonwealth, to Nahum Ayres, a repre- ciurinsr session* , •/ ' i ' sentative from the town of New Braintree, the sum of thirty-two dollars, in full for the expense of his sickness while attending the present session of the Legislature, and that a warrant be drawn accordingly. [Approved by the Governor, May 20, 1852.] Chan 89 Resolve in relation to Lands adjacent to the State Prison. S620 for land Resolved, That the sum of six hundred and twenty dol- adjacent to lars be paid, in compliance with a certain contract made State prison. ^^ ^j^^ Commonwealth, for the purchase of lands adjacent to the State prison, and that the governor draw his war- rant therefor accordingly. [Approved by the Governor, May 20, 1852.] Chai) 90 Resolve in favor of Amasa Holcomb. ^21.70, ex- Resolved, That there be allowed and paid out of the penses of sick- treasury of the Commonwealth, to Amasa Holcomb, sena- session.""° *or from the Hampden district, the sum of twenty-one dollars and seventy cents, in full for the expenses of his sickness during the present session of the Legislature, and that a warrant be drawn therefor accordingly. [Approved by the Governor, May 20, 1852.] 1852. Chap. 91—96. 303 Resolve in favor of Chauncy S. Brown, of Blandford. Chan. 91 Resolved^ That there be allowed and paid out of the S^^; expenses treasury of the Commonwealth, to Chauncy S. Brown, of during"ession. Blandford, the sum of fifty dollars, in full for expenses of sickness during the present session of the Legislature, and that a warrant be drawn therefor accordingly. [Approved by the Governor, May 20, 1852.] Resolve in favor of Josiah Seabury. Chap. 92 Resolved, That there be paid to Josiah Seabury, a mem- ^25, medical bcr of this house, from the town of Brewster, the sum of fn^^"esTion '^'^' twenty-five dollars, for expenses incurred by him for medi- cal attendance during the present session, and that a war- rant be drawn accordingly. [Ajjproved by the Governor, May 20, 1852.] Resolve in favor of William Danforth, of Williamstown. Chap. 93 Resolved, That there be allowed and paid out of the 525, expenses treasury of this Commonwealth, to William Danforth, a of sickness member of the present Legislature, twenty-five dollars, in o * • full for expenses of sickness during the present session, and that a warrant be drawn accordingly. [Approved by the Governor, May 20, 1852.] Resolve in favor of Thomas Stoddard. Chap. 9-i Resolved, That there be allowed to Thomas Stoddard, 530, expenses of Cohasset, a member of this house, the sum of thirty ?f illness dur- dollars, to defray the expenses of illness caused by an acci- ^ ^ s . dental injury incurred in the discharge of his legislative duties during the present session of the Legislature, and that a w^arrant be drawn accordingly. [Approved by the Governor, May 20, 1852.] Resolve In favor of William F. Bell, of Washington. Chap. 95 Resolved, That there be allowed and paid out of the ^20, expenses treasury of this Commonwealth, to William F. Bell, of of sickness Washington, the sum of twenty-five dollars, in full for ^^"S^^®*"^ °- expenses of sickness during the present session of the Legislature, and that a wan-ant be drawn accordingly. [Approved by the Governor, May 20, 1852.] Resolve in favor of David Lawrence. Chap. 'dQ Resolved, That there be paid to David Lawrence the S20, expenses f 111 ,- /• Tijii of illness diir- sum 01 twenty dollars, for expenses of medical attendance jng session. 304 1852. Chap. 96—99. incurred by him in consequence of illness during his at- tendance as a member of the Legislature during the present session, and that a warrant be drawn accordingly. [Ap- proved by the Governor^ May 20, 1852.] (Jhan. 9T Resolve on the Petition of Orrin Baker. Sole remaining Resolved, For reasous set forth in said petition, that the executor au- said Orrin Baker, sole remaining executor of the will of Otis wh Jie^of c° r-^ S. Baker, late of Easthampton, in the county of Hampshire, tain estate. deceased, be and he hereby is authorized to sell and con- vey the whole title and estate of which the said Otis S. Baker died seized and possessed in, and unto a certain piece of land, with the buildings thereon, situate in Spring- field, in the county of Hampden, bounded as follows, viz. : northerly by Howard street, easterly by Water street, southerly by land of Silas B. Bodfish, and westerly by Bond to judge land now or lately ow^ned by John J. Doherty: provided, of probate. ^|-jg^^ ^j^g petitioner shall first give bond, with surety or sure- ties, to the judge of probate for the county of Hampshire, to the satisfaction of said Judge, for the faithful execution of the power hereby conferred, and to apply and account for the consideration money received for said sale and con- veyance, according to law and said will. [Approved by the Governor, May 20, 1852.] Chan 98 Resolve for the appointment of Commissioners to examine Cape Cod ^ * Harbor. Three commis- Resolved, That his excellency the governor, with advice sioners to ex- j^nd consent of the council, be requested and empowered to amine into the . , . . ^ ', '■ ^^ • ■ J r-^ /-i i dangers to the appoint a commission oi three persons to visit Cape Uod harbor. harbor during the recess of the Legislature, for the purpose of examining into the causes that do now, or are likely here- after to endanger or injure said harbor; and, should there be an appropriation by the general government for this purpose, to confer with its engineer or agent, as to the best mode of its expenditure, so as to secure the preservation of said harbor, and report to the next General Court. [Ap- proved by the Governor, May 20, 1852.] Chan. 99 Resolve for the appointment of a Committee concerning a Fire-Proof -' * Buildiag. Committee of Resolvdd, That a committee of three be appointed by three to pro- the president of the senate and the speaker of the house of estim'atTof^"*^ representatives, to procure plans and estimates for a fire- building, proof building, to be erected in the rear of the State house, and report the same to the next Legislature, in the early part of the session. [Approved by the Governor, May 20, 1852.1 1852. Chap. 100—101. 305 Resolves relating to Public Lands. Chap. 100 Resolved, That his excellency the governor, by virtue of Governor, ac- and in accordance with an act of the Commonwealth of of june /g, *'^* Massachusetts, passed on the nineteenth day of June, one 1819, relating thousand eight hundred and nineteen, entitled " An act ^^ Mafne^dU relating to the separation of the District of Maine from rected to re- Massachusetts proper, and forming the same into a sepa- "ion ,*^and^ give rate and independent State," and particularly the sixth sec- notice to tion of said act, be directed to renew and fill up, on the part of Massachusetts, the commission therein named, and give notice thereof to the State of Maine, agreeably to the pro- visions of the act aforesaid. Resolved, That the land agent, with the concurrence of Land agent the now land commissioners, and the commissioners on the and commis- part of Massachusetts,, to be appointed under the act re- ^^^^ to sell ferred to in the last resolve, have full power and authority, Massachusetts and the same is hereby granted, to sell and convey all the Maine. lands which Massachusetts now owns in Maine to said State of Maine, or to any individuals or corporation, if, in their opinion, a price equivalent to the value of the lands shall be paid, or satisfactorily secured to the treasurer of To be ap- the Commonwealth : joroy?'a^b»ii*»«8- set forth in the thirty-seventh and forty-fourth chapters of the Revised Statutes, and all statutes subsequently passed, relat- ing to mutual fire insurance companies : jpromded, that no pol- Provided, icy shall be issued by this company, until the sum of one hundred thousand dollars shall have been subscribed to be insured. Sect. 2. This act shall take effect from and after its pas- sage. [Approved by the Governor, February 12, 1853.] Chap. 7 An Act in addition to " An Act to authorize the City of Charlestown and others to fill up certain Flats in Mystic River." Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The provision in the last clause of the fu'st sec- Release of flats. tion of said act shall be construed to require a release only of such flats as lie between the north channel and a line par- allel to, and distant two hundred feet northeasterly from, the first-described line in said act. Sect. 2. The sea-wall mentioned in the first section of sea ^aii— hoir said act shall be built throughout the lines prescribed in said ^"^'' section, below the southeasterly line of Johnson's AVharf ex- tended to the main channel ; and with the consent of the shore owners on the south channel above Elm street, said wall may be extended from the prescribed point of tormina- waii may be tion, across said south channel, to the shore in the line of the ^^ "^ "^ ■ northwesterly side of said Elm street. Sect. 3. The capital stock allowed by said act is hereby capital stock , •*■ */ »' increased. increased by an amount not exceeding three hundred thousand dollars. Sect. 4. This act shall take effect from and after its pas- sage. [Approved by the Governor, February 12, 1853.] 356 1853.- -Chap. 8—9. Chap. 8 Corporators. To manufacture gas in Haverhill. Privileges and liabilities. Real estate $50,000. Capital $100,000 May open ground, sink pipes, etc. Penalty. Provided. Value of shares. An Act to incorporate the Haverhill Gas-Light Company. 5e it enacted hy the Senate and House of Representatives, in General Court assembled, and hy the authority of the same, as follows : Sect. 1. Francis G. Macy, George Odiorne, George B. Parrott, their associates and successors, are hereby made a corporation, by the name of the Haverhill Gas-Light Com- pany, for the purpose of manufactui-ing and selling gas, in the village of Haverhill ; with all the povs^ers and privileges, and subject to all the duties, liabilities and restrictions, set forth in the thiity-eighth and forty-fourth chajjters of the Revised Statutes. Sect. 2. Said corporation may, for the purpose aforesaid, hold real estate not exceeding in value fifty thousand dollars ; and the whole capital stock shall not exceed one hundred thousand dollars. Sect. 3. Said corporation, with the consent of the select- men of the town of Haverhill, shall have power to open the ground in any part of the streets, highways and lanes in the said town, for the purpose of sinking and repamng such pipes and conductors as it may be necessary to sink for the purpose aforesaid ; and the corporation, after opening the ground in such streets, lanes and highways, shall be held to put the same again into repair, under the penalty of being prosecuted for a nuisance : provided, that the said selectmen, for the time be- ing, shall at all times have the power to regulate, restrict and control the acts and doings of the said corporation, which may in any manner aifect the health, safety or convenience of the inhabitants of the said town. Sect. 4. No shares in the capital stock of said corporation shall be issued for a less sum or amount, to be actually p;iid in on each, than the par value of the shares which shall be first issued. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, February 12, 1853.] Chap. 9 Location. Inconfistent acts repealed. An Act to authorize the Cochituate Bank, in Boston, to locate tlieir Bank in any part of the city of Boston. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folloivs : Sect. 1. The president, directors and company of the Co- chituate Bank, in Boston, are hereby authorized to locate the said bank in any part of the city of Boston. Sect. 2. All acts and parts of acts mconsistent hercAvith, are herebv repealed. [Approved by the Governor, February 12, 1853!^] 1853. Chap. 10—11. 357 An Act concerning the Globe Mutual Marine Insurance Company. Phnrt 1 A IBe it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folloivs : Sect. 1. The Globe Mutual Marine Insurance Company, Additional privilcGS. in the city of Boston, in addition to its present powers and privileges, may make insurance on the mutual principle, against losses by fire ; and for this purpose shall have all the powers and privileges, and be subject to all the duties, liabilities and restrictions, set forth in the thirty-seventh chapter of the Re- vised Statutes, and in all subsequent acts relating to mutual fire insurance companies. Sect 2. If the said company shall file a notice of its ac- Notice of accep- ceptance of its act of incorporation, passed on the thirteenth day of April, in the year one thousand eight hundi-ed and fif- ty-two, with the secretary of the Commonwealth, within thir- ty days after the passage of tliis act, it shall be deemed to have fully complied, to all intents and purposes, with the provisions of the twenty-first chapter of the acts of the year one thousand eight hundred and forty -two, entitled " An Act concerning Insurance Companies." Sect. 3. The said company shall hereafter be known and ^^ame. called by the name of the Globe Insurance Company. Sect. 4. This act shall take eifect on and after its accept- Takes effect. ance, by a vote of a majority of the members of said com- pany present, and voting at a legal meeting called for that purpose. [Approved by the Governor, February 12, 1853.] An Act to incorporate the City Wharf Company in Boston. 0/lWD 11 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Josiah Quincy, Ellis Gray Loring and John E. corporators. Thayer, their associates and successors, are hereby made a cor- poration, by the name of the City Wharf Company ; with power to purchase and hold, in fee simple or otherwise, as May purchase- the title may be, any part or the whole of the estate on Com- 3^^^?^*^ '^^^ mercial street in Boston, and known as the City Whai'f estate, with all the privileges and appurtenances to the same belong- ing, and also any rights or estates lying between the Long Wharf and the estates of the Commercial Wharf Company and of the Mercantile Wharf Corporation, or belonging to either of the said corporations. And the said corporation may May construct construct docks, and wharves ; lay vessels within, and at the **'"^'"' *''*'■ 358 1853. -Chap. 11—13. ProTided. Shares not to exceed ten hundred. Shares transferable. May assess stockholders. Shares may be sold for non-payment of assessments. Provided. Notice of sale — how given. Surplus proceeds to be repaid to delinquent. Privileges and liabilities. side thereof, and receive dockage and whai-fage therefor ; erect buildings, lay out streets and passage-ways, and improve and manage said property for mercantile purposes, in such manner as to them shall seem expedient, and may sell and convey the same or any part thereof: provided, that notliing herein con- tained shall authorize the said corporation to infringe upon the legal rights of any person, or to build any wharf or other struc- ture on the premises which is not now authorized by law. Sect. 2. Said corporation may, at any legal meeting, agree upon the number of shai'es not exceeding ten hundred, into which their stock shall be divided, wliich shares shall be trans- ferable in a book, to be kept by the clerk of the corporation for that purpose ; may from time to time assess upon the stock- holders such sums of money, not exceeding in the whole one thousand dollars on each share, as may be necessary for the purchase, improvement and management of their estate, and may, in case any stockholder shall neglect to pay any such as- sessment, cause such of the shares of said stockholder as may be sufficient therefor to be sold, in such manner as the said corporation may, by their laws, determine : provided, however, such sale shall be by public auction to the highest bidder, after giving notice of the time and place , appointed for such sale and the sum due on each share, by advertising the same, three weeks successively, in some newspaper prmted in Bos- ton ; and the surplus proceeds of such sale, above the assess- ment so due, with interest and charges of sale, shall be repaid to such delinquent stockholder. Sect. 3. Said corporation shall have all the powers and privileges, and be subject to all the duties, restrictions and Ha- bilities, contained in the forty -fouilh chapter of the Re\ised Statutes. [Approved by the Governor, February 18, 1853.] Chap. 12 Capital increased $200,000. $100,000 in real estate. Provided. All Act to increase the Capital Stock of the Boston and Sandwich Glass Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : The Boston and Sandwich Glass Company is hereby author- ized to increase its capital stock, by adding thereto two hun- di'Cd thousand dollars, and to invest such portion thereof in real estate, not exceeding one hundred thousand dollars, as may be necessaiy and convenient to carry on the business for which the said company was incorporated : provided, that no shares in the capital stock hereby authorized, shall be issued for a less sum or amount, to be actually paid in on each, than the par value of the shares in the original capital stock of said corporation. [AjJproved by the Governor, February 18, 1853.] 185,3. CiiAP. 13—14. 359 An Act to incorporate the East Boston Gas Company. Chntt 1 ^ 7?c it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as foUows : Sect. 1. George H. Plummer, Samuel Curtis, James T. Corporators. Fisher, their associates and successors, are hereby made a cor- poration, by the name of the East Boston Gas Company ; for the purpose of manufacturing and selling gas, in that part of the city of Boston called East Boston ; with all the powers Privileges and and privileges, and subject to all the duties, restrictions and '^"'"'^' liabilities, set forth in the thirty-eighth and forty-fourth chap- ters of the Revised Statutes. Sect. 2. Said corporation may, for the purpose aforesaid, '^f^J^"^*^ ^^^^ hold real estate not exceeding in value fifty thousand dollars, and the whole capital stock shall not exceed one hundi'ed and Capital $150,000. fifty thousand dollars. Sect. 3. Said coiTJoration shall have power and authority May open f^round to open the ground m any part 01 the streets, lanes and high- ways, in said East Boston, with the consent of the mayor and aldermen of said city of Boston, for the purpose of sinking and repairing such pipes and conductors as it may be necessary to sink for the purpose aforesaid, and the said corporation, after opening the ground in said streets, lanes and highways, shall be holden to put the same into repair, under the penalty Penalty, of being prosecuted for a nuisance : provided, that the mayor Provided. and aldermen of the said city of Boston, for the time being, shall, at all times, have the power to regulate, restrict and control the acts and doings of said corporation, wdiich may in any manner affect the health, safety or convenience of the in- habitants of the said cit}-. Sect. 4. This act shall take effect from and after its pas- sage. [Approved by the Governor, February 19, 1853.] An Act to change the Name and amend the Charter of the East Boston rij,^^ 1 A Iron and Gas Company. vnajJ. J.* Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The East Boston Iron and Gas Company is hereby change of name. authorized to take the name of the East Boston Iron Com- pany. Sect. 2. Said coi-poration shall continue to have all the Pnyiioges and powers and privileges, and be subject to all the duties, re- g^^',*! ^^t strictions and liabilities, which it now^ has and is subject to, ""•;'n"<"'«^'"''« °' ' ~ 8cll gaj;. With the exception that it shall not hereafter manufacture or sell gas. 360 1853. -Chap. 14—16. Original act repealed. Sect. 3. So much of an act entitled " An Act to incorpo- rate the Massachusetts Solar Gas and Foundiy Company," passed on the eighteenth day of February, in the year one thousand eight hundi'ed and forty-seven, as is inconsistent hercAvith is hereby repealed. [Aj)proved by the Governor, February 19, 1853.] Chttp. 15 ^^ -^^^ ^° incorporate the Metropolitan Fire and Marine Insurance ■^ Company. JBe it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Eben Cutler, Charles Scudder, and E.. W. Hol- man, their associates and successors, are hereby made a corpo- ration, for the term of tAventy years from the passage of this act, by the name of the ISIetropolitan Fire and Marine Insurance Company, to be established in the city of Boston, for the pur- pose of making insurance against losses by fire and against maritime losses ; with all the powers and privileges, and sub- ject to all the duties, liabilities and restrictions, set forth in the thirty-seventh and forty-fourth chapters of the Revised Statutes, and all other general laws which are now or may hereafter be in force relative to insurance companies. Sect. 2. The said corporation shall have a capital stock of to*l500,m^'^^'^ two hundred thousand dollars, divided into shares of one hun- dred dollars each, with liberty to pay in and increase the same to any amount not exceeding five hundred thousand dollars. [Approved by the Governor, February 19, 1853.] Corporators. Name. May insure against fire and marine losses. Powers privileges, duties and restrictions. Capital $200,000, Chaj). 16 Capital increased. How invested. Provided. An Act to increase the Capital Stock of the Wamsutta Mills. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : The AYamsutta ISIills are hereby authorized to increase their capital stock, by adding thereto a sum not exceeding three hundred thousand dollars, and to invest such portion thereof in real and personal estate, as may be necessary and conve- nient for the purposes for which they have been incorporated ; provided, that no shares in the capital stock hereby authorized shall be issued for a less sum or amount, to be actually paid in on each, than the par value of the shares in the original capital stock of said corporation. [Approved by the Governor, February 19, 1853.] 1853. Chap. 17—18. 361 An Act to incorporate the Brookline Gas Light Company. iyhdj). 17 He it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect, 1. Harrison. Fay, John N. Turner, Charles "VV. Scud- corporatow. der, their associates and successors, are hereby made a corpo- ration, by the name of the BrookHne Gas Light Company, for the purpose of making and selHng gas, in the town of Brook- *^ay ^'^^^ *°d line ; with all the powers and privileges, and subject to all the duties, restrictions and liabilities, set forth in the tliirty-eighth powers, etc. and forty-fourth chapters of the Revised Statutes. Sect. 2. Siiid corporation may hold such real and personal May hold real 1 ■, . p , ^ and personal estate, as may be necessary and. convenient lor the purpose estate. aforesaid, not exceeding in value the sum of one hundred thousand dollars. Sect. 3. No shares in the capital stock of said company shares not to be shall be issued for a less sum or amount, to be actually paid than par value in on each, than the par value of the shares which shall be Lued!'^^ first issued. Sect. 4. Said corporation, with the consent of the select- May open the men of the town of Brookline, shall have power and authority pipes" etc."^ to open the ground in any part of the streets, lanes and high- ways in said town, for the purpose of sinking and repairing such pipes and conductors as it may be necessary to sink for the purpose aforesaid ; and the said company, after opening the ground in said streets, lanes and highAvays, shall be held to put the same again in repair, under the penalty of being prosecuted for a nuisance : provided, that said selectmen, for provided, the time being, shall at all times have the power to regulate, Selectmen may restrict and control the acts and doings of said company, ^^^^ ««)«•=• which may, in any manner, affect the health, safety or conve- nience of the inhabitants of said town. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, February 19, 1853.] An Act to incoi-porate the Gloucester Gas Light Company. v/lCtp. xO Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. George Odiorne, George B. Parrott, and William corporators. F. Parrott, their associates and successors, are hereby made a corporation, by the name of the Gloucester Gas Light Com- Tomakoand seiL pany, for the purpose of making and selling gas in the town s'-^- of Gloucester ; with all the powers and privileges, and subject 90 362 1853. Chap. 18—19. to all the duties, restrictions and liabilities, set forth in the thirty-eighth and forty-fourth chapters of the Revised Statutes. to exe'cVd""'^ ""' Sect. 2. The Capital stock of said company shall not ex- $100,000. cced one hundred thousand dollars : and said corporation may Keal estate not to ,,, , T-irriiin exceed $50,000. hold rcal estate not exceeding in value nity thousand dollars. No shares issued Sect. 3. No sharcs iu the capital stock of said company for less than par • i /• i i n -j value of shares shall be issucd lor a less sum or amount, to be actually paid in on each, than the par value of the shares which shall be first issued. May open the Sect, 4. Said Corporation, with the consent of the select- groun ay pipes, ^^^^ ^^ ^^^ towu of Glouccster, shall have power and author- ity to open the ground in any part of the streets, lanes and highways in said town, for the purpose of sinking and repaii*- ing such pipes and conductors as it may be necessary to sink for the purpose aforesaid ; and the said corporation, after opening the ground in said streets, lanes and highways, shall be held to put the same into rejDair, under the penalty of Provided. being prosccuted for a nuisance: provided, that the said se- lectmen, for the time being, shall at all times have the power Power of to rcgulatc, restrict and control, all the acts and doings of said selectmen. corporation, which may in any manner affect the health, safety and convenience of the inhabitants of the said town. Takes effect. Sect. 5. Tliis act shall take effect from and after its pas- sage. [Approved by the Governor, February 19, 1853.] /77 -I A An Act to authorize the Fitchburt;- and Worcester Railroad Company to Ly/mp. IJ issue PrefeWed Stock. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Additional issue Sect. 1. The Fitcliburg aiid "Worcester Kailroad Com- of preferred stock. i -t i.^ • j j. • i i ij j nr^. pany are hereby authorized to issue ten hundred and hity- three shares of preferred stock, in addition to the one thou- sand shares authorized by the act, passed the twenty-ninth day of April, in the year one thousand eight hundred and fifty-one, of one hundi-ed dollars each, upon which they may guarantee Semi-annual the payment of three per cent semi-annually to the holders ^nr^uarlntee" thereof, to be paid out of the profits of the company : provi- ded, however, that the said company shall not dispose of any of the stock authorized by this act at less than its par value. Both issues to Sect. 2. The stock authorized by the first section of this receive equal ^Lct, and the preferred stock authorized by the act passed the dividend.*. ' -it c \ •^ • i ii-i tAventy-ninth day oi April, in the year one thousand eight hundred and fifty-one, shall be entitled to receive equal divi- dends. 1853. Chap. 19—20. 363 Sect. 3. Holders of iniprcferred shares of stock in said Holders of unpre- company, shall have the exclusive right to subscribe for and subscribe^etc",*^ take the stock authorized by this act, until the first day of June, in the year one thousand eight hundred and fifty-four, in the proportion of one shai-e to each shaie of unpreferred stock held by thcni at the time of subscribing. Sect. 4. Whenever any holder of unpreferred stock shall shareholders to take a share of the stock authorized by the first section of this certificates. act, and pay for it according to the provisions thereof, he shall have the privilege of surrendering his certificate of one un- preferred share, and receive instead thereof a certificate of new stock, "which shall be denominated second class preferred Second class pre- stock, and shall be entitled to such semi-annual dividends as can be paid out of the earnings of the road, after paying inter- est on the unpaid debts of the company and three per cent, semi-annual dividends on the preferred stock which shall have been issued : provided, however, that the dividends on the Provided, second class preferred stock, authorized by this section, shall, not exceed the dividends on the preferred stock. Sect. 5. If, at any time after the passage of this act, the ah stock to be . . . JT o ' _ classed alike. company shall be in a condition to pay three per cent, semi- annual dividends, or more, on all its stock which shall have been issued, then and for that purpose all said stock shall be classed alike and receive the same dividends. Sect. 6. This act shall take effect when it shall have been when to take accepted by a vote of tkree-fourths of the stockholders, pres- * ^'^*' ent and voting at a meeting duly called for that purpose. [Approved by the Governor, February 21, 1853.] An Act to incorporate the Webster Fire and Marine Insurance Com- Chttf). 20 pany. ■* Tie it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Tisdale Drake, Lewis Rice and Osmyn Brewster, Corporators. their associates and successors, are hereby made a corporation, for the term of twenty years fi-om the passage of this act, by the name of the Webster Fu"e and Mai'ine Insurance Company, to be established in the city of Boston, for the purpose of mak- To insure fire and . , T ^ n 1 • . • • marine risks. mg insurance against losses by nre and against maritime losses, with all the poM'ers and privilesres, and subicct to all Powers and , 1 . ,. ..... ^ , . .^ " , , . ,*' , . privileges, duties the duties, lial)ilitics and restrictions, set forth m tlie thirty- and restricUons. seventh and forty-fourth chapters of the Revised Statutes, and all other general laws, which are now or may hereafter be in force, relative to insurance companies. 364 1853.- -Chap. 20—21. Capital stock. •15100,000. May increase to S300,000. Each share $100. Sect. 2. The said corporation shall have a capital stock of one hundred thousand dollars, divided into shares of one hundred dollars each ; with liberty to pay in and increase the same to any amount not exceeding three hundred thousand dollars ; and may hold real estate for its use twenty thousand dollars. Sect. 3. This act shall take effect from and after its pas sage. [Approved by the Governor, February 21, 1853.] not exceeding Chap. 21 Corporators. Making and supplying gas. May hold real and personal estate. Capital $100,000. No sliares issued for less than par value of shares first issued. May open the ground lay, pipes, etc. Provided. An Act to incorporate the Pittsfield Coal Gas Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. George S. Willis, Heniy Colt and Thomas F. Plunkett, their associates and successors, are hereby made a corporation, by the name of the Pittsfield Coal Gas Company, for the purpose of erecting gas works and manufacturing gas, in the town of Pittsfield, in the county of Berkshire, and sup- plying the said town and the inhabitants thereof with the same ; with all the rights and privileges, and subject to all the duties, liabilities and restrictions, set forth in the thirty- eighth and forty-fourth chapters of the Revised Statutes. Sect. 2. Said corporation may take and hold such real and personal estate, as may be necessary for the purpose aforesaid ; but the capital stock of said company shall not ex- ceed one hundred thousand dollars, and no shares in the capi- tal stock shall be issued for a less sum or amount, to be paid in on each, than the par value of the shares first issued. Sect. 3. The said corporation, with the consent of the se- lectmen of the said town, shall have power and authority to open the ground in any part of the streets, lanes and high- ways of the said town, for the purpose of sinking and repair- ing such pipes and conductors, as it may be necessary to sink for the purpose aforesaid ; and the said corporation, after opening the ground in such streets, lanes and highways, shall be held to put the same in repair again, under the penalty of being prosecuted for a nuisance : provided, that the said se- lectmen, for the time being, shall at all times have the power to regulate, restrict and control the acts and doings of the said corporation, which may in any manner affect the health, safe- ty or convenience of the inhabitants of the said town. Sect. 4. This act shall take effect from and after its pas- sage. [Ajyproved by the Governor, February 23, 1853.] 1853. Chap. 22—24. 365 An Act to confirm certain Acts done by Joseph Ciimmings as Justice of Chap. 22 the Peace. ^ Be it enacted by the Seriate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : All acts done by Joseph Ciimmings, of Ware, in the Acts made valid county of Hampshire, as a justice of the peace within and for "" said county of Hampshire, between the first day of March, in the year one thousand eight hundred and fifty-two, and the first day of July, of the same year, be, and they hereby aie, made valid and confirmed, to the same extent as they would have been valid, had he been during that interval duly quali- fied to discharge the duties of the said office. [Approved by the Governor, February 23, 1853.] An Act concerning Decress of Alimony. Ohctp. 23 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The Supreme Judicial Court shall have power. Supreme Judicial - 1 />!• ini 1 111 Court may decree after any decree of divorce shall have been granted, by tne alimony upon said court, upon the libel or suit of any married woman, to ^^ ' '°"' make at any time, upon petition or proper process therefor, any such decree of or respecting alimony, or other provision for her maintenance, or for the benefit of the children of the piuties, as the said court might have made in the original suit ; notwithstanding no such decree of alimony or other provision were made in the original decree of divorce, or prayed for in such libel or suit : and the coui't, from time to time, may re- '^°"'"' may >-evise ' •' _ • 1 decree if circum- vise and alter any such decree, as the circumstances of the stances require, pai-ties and the benefit of their children shall require. Sect. 2. Upon every such petition for a decree, or for the ^°^*^ awarded. revision or alteration o£ a decree, the court may award costs to either part)', as justice and equity shall requu-e. [Approved by the Governor, February 23, 1853.] An Act to authorize the Charlestovvn Gas Company to extend their ChdP. 24 Pipes and Conductors into the Town of Somerville. -* * Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The Charlestown Gas Company are hereby author- May supply ized to extend their pipes and conductors into the town of g°™"" ®^' Somerville, for the purpose of supplying the inhabitants of said 30* 366 1853. Chap. 24—26 tOAvn with gas ; and for this purpose, said corporation, with the consent of the selectmen of the said town, shall have power and authority to open the ground in any part of the streets, May open laucs and highways in said town, for the purpose of sinking and grouna,iay pipes, j-gpf^^j-ji^g g^ch pipos and conductors as it may be necessary to sink for the purpose aforesaid. And the said corporation, after opening the ground in such streets, lanes and highways, shall be held to put the same again in repair, under the Provided. penalty of being prosecuted for a nuisance : provided, that the said selectmen, for the time being, shall have power at all times to regulate, restrict and control the acts and doings of said corporation in said town, which may in any manner affect the health, safety or convenience of the inhabitants thereof. Takes effect. Sect. 2. Tliis act shall take effect from and after its pas- sage. [Approved by the Governor, February 2'S, 1853.] CllCLV 25 ■^^ ^^^ concerning the Norfolk County Railroad Company. _Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folloivs : May unite with Sect. 1. The Norfolk Couuty Railroad Company are lierc- iiaiiroad. by authorized and empowered to unite their railroad, by prop- er turnouts and switches, with the Dedham Branch Railroad, now constructed and maintained by the Boston and Providence Railroad Corporation, through West Roxbury, to said Boston May use, etc. and Provideuce Railroad, at the Toll Gate station, and also to use said Dedham Branch Railroad, and said Boston and Prov- Agreeabiy to the idcucc Railroad, agreeably to the provisions of the general statutes of the Commonwealth, regulating the use of railroads in such cases, and all such statutes, that shall hereafter be passed, relating to such use. Sect. 2. This act shall take effect from and after its pas- sage. [Approved by the Governor, February 23, 1853.] ClldB. 26 •'^" ^^^ ^" addition to "An Act to incorporate the Newton Theological ^' Institution." Re it enacted by the Senate and Hou^e of Representatives, in General Court assembled, and by the authority of the same, as follows : Not more than 48 Sect. 1. The act to incorporate the Newton Theological than as. ^°' *** Institution, passed in the year eighteen hundred and twenty- six, is so far amended, that the number of trustees shall here- after never exceed forty-eight, nor be less than thirty-six. Members of Sect. 2. The trustees of said institution may, if they think board — how •' •' chosen. 1853. Chap. 26—28. 367 fit, give the power of filling vacancies in their board to some other corporation or body of persons beside themselves, and may prescribe the mode in which elections shall be made, and May prescibe may also provide that members of the board shall be chosen imiito°/eieTtfons. for a prescribed limited period ; and make any other reasona- ble regulations in regard to the election of members of the board and their term of office, and change the same whenever thev judge it expedient. [Approved by the Governor, Feb- rmnj 23, 1853.] An Act to prevent Gambling in and about Muster-Fields, and Places of 1 ' * Public Gathering. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect, 1. Any person who, during the time of, or within S°pubuf^a^es"5 twelve hours of the time of holding any cattle-show, military muster or public gathering, shall, within one mile of the place of such show, muster or gathering, practise or engage in any gambling or unlawful game, shall forfeit for each offence a sum not exceeding twenty dollars, to be recovered on com- plaint made to any justice of the peace of the county in which the oflfence is committed. Sect. 2. Any person, who shall be discovered in the act Mode of arrest. of violating the provisions of the first section of this act, may be arrested by any sheriff, deputy sheriff, constable or other ^^y be civil officer, and thereupon be lawfully detained, by imprison- ii"P"so»ied. ment in jail or otherwise, until a complaint can be made against him for the offence of which he was arrested, and he be taken on a warrant issued upon such complaint : provided, that such ProTided. arrest and detention, without warrant, shall not continue be- yond the space of twenty-four hours. [Approved by the Governor, February 23, 1853.] An Act to extend the Act incorporating the Plymouth County Mutual Chap. 28 Fire Insurance Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, OS follows : The act passed on the twenty-eisjhth dav of Februarv, in incorporation 1 1 • 1 1 T 1 1 ^ • 1 ^ continued to the year one thousand eight hundred and tAventy-eight, en- Feb. 28, 1884. titled an act to incorporate the Plymouth County Mutual Fu-e Insurance Company, shall be and remain in force for the term of tAventy-eight years, from and after the twenty-seventh day of Fcbruaiy, in the year one thousand eight hundred and fif- ty-six ; and the said company shall be continued as a corpor- 368 1853.- -Chap. 28—29. Powers and privileges. ation, with all the powers and privileges granted to the same, by an act in addition to the act aforesaid, passed on the thir- tieth day of January, in the year one thousand eight hundred and thirty-two ; and also with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth in the thirty-seventh and forty-fourth chapters of the Revised Statutes, and all other general laws which are now or may hereafter be in force, applicable to insurance compa- nies. [Approved by the Governor, February 23, 1853.] C7iaj?. 29 Corporators. To make and sell gas in Brighton. Capital stock $50,000. Real estate may equal SflSjOOO. No shares issued for less than par value of shares first issued. May open ground lay pipes, etc. Provided. An Act to incorporate the Brighton Gas Light Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. William G. Wilson, N. W. Turner, and Freder- ick S. Jones, their associates and successors, are hereby made a corporation, by the name of the Brighton Gas Light Com- pany, for the purpose of making and selling gas in the town of Brighton, with all the powers and privileges, and subject to all the duties, restrictions, and liabilities, set forth in the thirty -eighth and forty-fourth chapters of the Revised Statutes. Sect. 2. The capital stock of said company shall not ex- ceed fifty thousand dollars, and said corporation may hold real estate not exceeding in value fifteen thousand dollars. Sect. 3. No shai-es in the capital stock of said company shall be issued for a less sum or amount to be actually j)aid in on each, than the par value of the shares which shall be first issued. Sect. 4. Said corporation, with the consent of the select- men of the town of Brighton, shall have power and authority to open the ground in any part of the streets, lanes, and high- ways in said town, for the purpose of sinking and repairing such pipes and conductors as it may be necessary to sink for the purpose aforesaid ; and the said corporation, after opening the ground in said streets, lanes, and highways, shall be held to put the same into repair, under the penalty of being prose- cuted for a nuisance : provided, that the said selectmen for the time being, shall at all times have the power to regulate, re- strict and control all the acts and doings of said corporation, which may in any manner affect the health, safety and conve- nience of the inhabitants of the said town. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, February 23, 1853.] 1853. Chap. 30—32. 369 An Act to authorize the IVlatfield Manufacturing Company to manufac- Chdl). 30 ture certain kinds of Machinery and to increase its Capital Stock. -^ " Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The Matfield jSIanufactviring Company is hereby fopj'^n^t^g authorized to make every description of locomotive machinery, machinery. Sect. 2. The said company is also authorized to increase caplurstock its capital stock, by adding thereto a sum not exceeding one ^^' *ioo,ooo. hundred thousand dollars, and to invest fifty thousand dollars «50,ooo in real of the said sum in real estate : provided, that no shares of said pro^j^ed capital stock shall be issued for a less sum or amount, to be actually paid in on each, than the par value of the shares first issued. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor, February 25, 1853.] An Act concerning the Adoption of Children. Chat) 31 J5e it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : When a petition is presented to the judge of probate, for petition for the adoption of a child, according to the provisions of " An Act chiid!'°'^ ° ^ to proA'ide for the Adoption of Children," passed on the twenty- fourth day of May, in the year one thousand eight hundred and fifty-one, such child having no knoAvn parent or next of kin, and no legal guardian, — the judge of probate may appoint some j^^g^ of probate discreet and suitable person to act in the proceedings as the ^'^y appoint , . • • 1 1 1 1 some discreet next friend of such child, and to give or withold the consent person to act. required by the second section of the act aforesaid ; and in such case, notice of the petition shall be given, by the publi- Notice to be cation thereof three weeks successively before the day of hear- p" ^ "^ • ing thereof, in some newspaper published in the Common- wealth. [Approved by the Governor, February 25, 1853.] An Act to alter the Dividing Line of the Towns of Lincoln and Lexington. (^Lnn 32 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : The dividing line of the towns of Lexington and Lincoln Division line is hereby altered and established as follows, viz : Beginning at nuw line the stone monument at the corner of the towns of Waltham, '^^^'^^ " Lincoln and Lexington, and running north, sixteen degrees and fifty-eight minutes east, one huncbcd and twenty-two and 370 1853. -Chap. 32—35. six-tenths rods, to the northerly side of the county road lead- ing from Lexington to Weston ; thence north, one degree and forty-seven minutes west, one hundi-ed and sixty-two and four- one-hundreth rods, to a stone monument on the hill near the house of Charles Brown in Lincoln ; thence by the dividing line of said towns, as heretofore established, to the corner of the towns of Lincoln, Lexington and Bedford. [Approved by the Governor, February 28, 1853.] An Act to secure more Equal Taxation. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : In addition to the statement now required by the ninety- thrma"rkerva^ue eighth chapter of the statutes, passed in the year eighteen hundred and forty-three, and the three hundred and eighth chapter of the statutes, passed in the year eighteen hundi-ed and fifty, to be made by certain corporations therein named, in their returns to the assessors of taxes ; such returns shall firrther contain a statement, according to the best knowledge and belief of the officer making them, of the cash market value of all shares named in such returns at the time of making the same. [Approved by the Governor, February 28, 1853.] Chap. 33 Corporations to make returns of Chap. 34 Convicts not to be confined, etc. Sheriff and overseers to be informed An Act in i-elation to the Powers and Duties of Jailers and Masters of Houses of Correction. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : No keeper of any jail, nor master of any house of correc- tion, shall confine by solitary imprisonment, any convict in his custody, for more than three days at any one time, without informing the sheriff of the county, or the overseers of the house of correction, of such confinement and the reasons therefor. [Approved by the Governor, February 28, 1853.] Chap. 35 Corporators. An Act to incorporate the Lynn Gas Light Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : - . Sect. 1. James N. Buffum, Gardner Warren, Stephen Oliver, Jr., George W. Keene and Nathan Breed, their asso- ciates and successors, are hereby made a corporation, by the 1853. Chap. 35—36. 371 name of the Lynn Gas Light Company, for the purpose of making and selling gas in the city of Lynn ; with all the To make and powers and privileges, and subject to all the duties, restric- ^""^ ^'^' tious and liabilities, set forth in the thirty-eighth and forty- fourth chapters of the Revised Statutes. Sect. 2. The capital stock of said company shall not ex- capital stock not cecd two hundred thousand dollars ; and said corporation |2"oo,ooo.'' may hold real estate not exceeding in value one hundred ^eai estate not .1 ' 1 J n more than thousand dollars. «;ioo,ooo. Sect. 3. No shares in the capital stock of said company no stock issued shall be issued for a less sum or amount to be actually paid in ""^'^^ p'*'' on each, than the par value of the shares which shall be first issued. Sect. 4. Said corporation, with the consent of the mayor May lay and and aldermen of the city of Lynn, shall have power and ^u- '"'^''''" ^'^*''' thority to open the ground in any part of the streets, lanes, and highways, in said city, for the purpose of sinking and re- pairing such pipes and conductors as it may be necessaiy to sink for the purpose aforesaid ; and the said corporation, after opening the ground, in said streets, lanes, and highways, shall be held to put the same into repair, under the penalty of being prosecuted for a nuisance ; provided, that the said mayor and Provided. aldermen for the time being, shall at all times have the power to regulate, restrict and control all the acts and doings of said corporation, which may in any manner affect the health, safety or convenience of the inhabitants of the said city. Sect. 5. This act shall take effect" from and after its pas- sage. [Approved by the Governor, February 28, 1853.1 An Act concerning the Manner of Voting at certain Elections. Chart RPi J5e it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. All votes and ballots for Governor, Lieutenant Manner of roting Governor, Senators and Eepresentatives of the Common- wealth, Electors of President and Vice President of the United States, and Representatives in Congress, and all votes and ballots to be given at the meetings to be held on the first monday of March of the present year for the election of del- egates to be chosen under the provisions of an act relating to the calling of a convention of delegates of the people for the purpose of revising the constitution of the Commonwealth, may be deposited in the ballot-box in a sealed envelope, or without any envelope, at the option of each voter ; and if in with or without any case more than one vote or ballot is found in any one en- "'^"^ "^' STZ 1853. -Chap. 36—37. Votes may be rejected. State envelopes to be used. Inconsistent acts repealed. velope, bearing the name of the same person, for the same office, all but one vote or ballot shall be thrown out ; and if tAvo or more votes or ballots be found in one envelope bearing the names of different persons for the same office, all such votes and ballots shall be rejected ; and any envelope found to contain only a blank, shall not be counted as a vote or ballot. Sect. 2. Self-sealing envelopes of uniform size and color, bearing the emblematic seal of the Commonwealth, shall be furnished at the expense of the state, (as heretofore, in ac- cordance with the provisions of a law passed in the year 1851,) to all persons who may desire, at any election hereinbefore sjiecified, to deposit their ballots therein, and no other envel- opes shall be used at the polls. Sect. 3. The act entitled, " An Act for the better Security of the Ballot," passed on the twenty-second day of May, in the year one thousand eight hundred and fifty-one ; and the act entitled " An Act in addition to an Act for the better Se- curity of the Ballot," passed on the twentieth day of May, in the year one thousand eight hundred and fifty-two, and all other acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Sect. 4. This act shall take effect from and after its pas- sage. [Approved by the Governor, March 2, 1853.] Chap. 37 Corporators. To construct Marine Pvailway. Powers and privileges. Real estate fl5,000. Officers liable in certain cases. An Act to incorporate the Beverly Marine Railway. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. F. W. Choate, A. T. Leach, Edward Kilham, their associates and successors, are hereby made a corporation, by the name of the Beverly INIarine Railway, in Beverly ; — for the purpose .of constructing and maintaining a railway, suit- able for repairing vessels : — with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth in the forty-fourth chapter of the Revised Statutes. Sect. 2. The said corporation may hold real and personal estate, necessary for the purpose aforesaid, not exceeding in amount fifteen thousand dollars : — provided, that no shares in the said corporation shall be issued for a less sum or amount, to be actually paid in on each, than the par value thereof when first issued. — And the debts of said corporation shall not at any time exceed the amount of its cajiital stock actually paid in ; and in case of any such excess, the officers contracting the same shall be jointly and severally liable therefor. 1853. Chap. 37—39. 373 Sect. 3. This act shall in no wise impair the legal rights xorigutsto of any person whomsoever. [Approved by the Governor, ® '"*''*'''' March 9, 1853.] An Act to authorize the City of Boston, to found and maintain a Public (Jl/yjj Qg Library. J ' Be it enacted by the Senate and House of Representatives, 171 General Court assembled, and by the authority of the same, as follows : Sect. 1. The city of Boston is hereby authorized to found city councu may and maintain a Public Libraiy, and to make such expenditures, ™res anr°*'" establish such regulations, fix such penalties for the breach reguiationa. thereof, and do all such acts and things as may be deemed necessaiy or proper to that end ; and the powers hereinbefore named, may be exercised by the City Council of the said city, in any manner which they may prescribe, and by the agency May appoint an of any persons to whom they may delegate the same : provided, p^oYided however, that the expenditures hereinbefore mentioned, shall not exceed the sum of one hundred and fifty thousand dollars, within four years from the first clay of January, in the year eighteen hiuidred and fifty -three ; nor the sum of ten thou- sand dollai-s in any one year after that time. Sect. 2. The fifty-second chapter of the statutes of the Former act year eighteen hundred and forty-eight, entitled, " An Act to ^^^^ authorize the City of Boston to establish a Public Library," is hereby repealed. Sect. 3. This act shall take effect from and after its ac- Takes effect. ceptance by the Cit}' Council of the said city of Boston. [Ap- proved by the Governor, March 12, 1853.] An Act to authorize the Salem Gas Light Company to extend their C/iap. 39 Pipes. ^ ' Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The Salem Gas Light Company, a corporation corporation may; established by law, are hereby aitthorized to extend their pfpe" to'i)anwr«. pipes and conductors into the town of Danvers, and to estab- lish a Gasometer in said town, for the purpose of supplying the inhabitants of said town with gas : And for this purpose, said company, with the consent of the selectmen of said town, shall have power and authority to open the ground in any po„„ and part of the streets, lanes and highAvays, in said town, for the ""t^^^ity. purpose of sinking and repairing such pipes and conductors as it may be necessary to sink for the purpose aforesaid : And 374 1853.- -Chap. 39—42. Corporation to repair streets. Provided. Chaj). 40 PersoBS iucorporatcd. the said corporation, after opening tlie ground in sucli streets, lanes and highways, shall be held to put the same again in repair, under the penalty of being prosecuted for a nuisance : provided, that the said selectmen for the time being, shall have poAver at all times to regulate, restrict and control the acts and doings of said company, in said town, which may in any manner, affect the health, safety or convenience of the inhabitants thereof. Sect. 2. This act shall take effect from and after its pas- sage. [Approved by the Governor, March 15, 1853.] An Act to incorporate the Cambridgeport Institution for Savings. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : T. B. Bigelow, Benjamin Tilton, George C. Kichardson, their associates and successors, are hereby made a corporation, by the name of the Cambridgeport Savings Bank, to be es- tablished and located in Cambridgeport, with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth in the thirty-sixth chapter of the Revised Statutes, and in all other laws of this Commonwealth relating to Institutions for Savings. [Approved by the Governor, March 15, 1853.] Chap. 41 Wharf may be built ia Provincetown. Provided, etc. An Act to authorize James Emery, to build a Wharf. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : James Emeiy is hereby authorized to build and maintain a wharf, from his own land, adjoining the harbor of Province- town, and to extend the same to eight feet of water at low tide, and to lay vessels at the said wharf, and receive wharf- age and dockage therefor : provided, that this act shall in no wise impair the legal rights of any person. [Approved by the Governor, March 15, 1853.] Chap. 42 Corporators. An Act to incorporate the Central Square Baptist Society in Boston. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Noah Sturtevant, H. A. Stevens, B. L. Crocker and James Cutler, their associates and successors, are hereby 1853. Chap. 42—44. 375 made a corporation, by the name of the Central Square Bap- tist Society in Boston ; uith all the poAvers and privileges, and sxibject to all the duties, restrictions and liabilities, set forth in the tAventieth chapter of the Revised Statutes, and in that part of the forty-fourth chapter of said statutes Avhich relates to ]iarishes and religious societies, and also in all other general luAvs which relate to parishes and religious societies. Sfx'T. 2. Said corporation may hold real and personal ^s*'^*'' ""**" . , ^ TCI 1 exceed $40,000. estate, or either, to an amount not exceeding lorty thousand dollars ; provided, the income thereof shall be applied to pa- P''<'^>'^«d. rochial purposes, except so much of said income as may be needed to pay the principal and interest of any sums of mon- ey Avhich may be hired on mortgage of the real estate of said society or otherAvise. Sect. 3. This act shall take effect from and after its pas- Takes ciTect. sage. [Approved by the Governor, March 15, 1853.] An Act to incorporate the Yarmouth-port Ice Company. ChciJ). 43 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Xathaniel S. Simpkins, Amos Otis, JohnEldrich, Corporators. their associates and successors, are hereby made a corporation, by the name of the Yarmouth -port Ice Company, in the toAvn of Yarmouth ; for the purpose of cutting, storing, transjjorting and A-cnding ice ; and for tliis purpose they shall have all the Powers and poAvers and priA'ileges, and be subject to all the duties, liabil- ^"^ ^^^ ' ities and restrictions, set forth in the thirty-eighth and forty- fourth chapters of the Revised Statutes. Sect. 2. The capital stock of the said corporation shall not capiui not to exceed exceed fifty thousand dollars, and the same may be invested $50,ooo. and held in such real and personal estate as shall be necessary and convenient for cariying on the business of said corpora- tion ; provided, that no shares in the capital stock shall be is- No stock issued sued for a less sum or amount, to be actually paid in on each, than the par A'alue of the shares which shall be first issued ; and provided, also, that this act shall in no Avise impair the legal No legal rights rights of any person. [Approved by the Governor, March 15, 1853.] An Act to change the Name of the South Precinct in BridgeAvater, and Chcip. 44 for other purposes. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The religious society in the toAvn of Bridge- Title changed. AA'atcr in the county of Plymouth, Avhich Avas originally incor- 376 1853. -Chap. 44—45. Transactions under former name porated by tlic name of the South. Precinct in Bridgewater, may hereafter take the name of the First Congregational So- ciety in Bridgewater. Sect. 2. All the previous transactions of said society un- ma™ TOiid. dcr or by the name of the First Congregational Society in Bridgewater, or any other name they may have used in the transaction of their business, are hereby confirmed and made valid in laAV, so far as relates to the name under or by which they may have acted. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor, March 15, 1853.] Chap Territory set off and annexed. Payments of taxes heretofore .assessed. Provision for support of paupers. Taxes — how proportioned. ^rt An Act to set off a Part of the Town of Stoneham and annex the same to the Town of Melrose. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. So much of the town of Stoneham in the county of Middlesex, as lies easterly of a line commencing at the stone monument between the towns of Stoneham and Melrose at the corner of the " Wilson Place," and thence running North thirteen degrees thirty minutes. East two hundred and seventy-four rods, to a stone monument between the towns of Stoneham and South Peading, with all the inhabitants and estates thereon, is hereby set off from said town of Stoneham and annexed to said town of Melrose. Sect. 2. The said inhabitants and estates so set off shall be liable to pay all taxes that have been legally assessed on them by the town of Stoneham, in the same manner as if this act had not been passed. Sect. 3. If any persons wdio have heretofore gained a le- gal settlement in said town of Stoneham, by reason of resi- dence on the territory set off as aforesaid, or who may derive such settlement from any such residence, shall hereafter come to want, and stand in need of relief or support, as paupers, they shall be relieved and supported by the town of Melrose in the same manner as if they had gained a legal settlement in that town. Sect. 4. The town of Melrose shall pay to the treasurer of the town of Stoneham until the next decennial census, the just proportion of all state and county taxes, which may be assessed upon said Stoneham, in proportion to the vahxation of the polls and estates hereby set off" to Melrose. The said proportion shall be fixed by the valuation of the said polls and estates next preceding the passage of tliis act. 1853. Chap. 45—46. 377 Sect. 5. In case the surplus revenue ot the United States — how tobr°"* heretofore received by said town of Stoneham should ever '*'^"''^''''' be refunded, the town of Melrose shall pay such proportion of the same as the valuation of the polls and estates of said territory bears to the whole valuation of said town of Stone- ham. Sect. 6. The school house with the lot of land on School houfe to which it stands in said territory, shall be the property oi the three years with town of IMclrosc from and after the passage of this act ; "* ^"^^^ " the said towTi of ^Melrose shall pay the said town of Stoneham the sum of fifteen hundred and thirty-one dollars, as the price of the same in three years after the passage of this act, with interest annually. Sect. 7. Peter Green, Jonathan Green, Joshua Green, Jesse ChiWren may Green second, and James S. H. Green, who reside in Stoneham, expenses, how neai* the territory hereby set oft' to Melrose, and any other occu- ° ® p*" • pants of the houses in which the said Greens reside, shall have the privilege of sending their children to the school house in said territory, and the tow^n of Stoneham shall every year pay to the to-v\Ti of Melrose for the schooling of said children, so much of the whole sum expended by the town of Stoneham for. schools and schooling in every year, as the number of the chikken so sent to school out of Stoneham into Melrose, bears to the whole number of children belonging to Stoneham at- tending school during the same year. Sect. 8. This act shall take effect from and after its pas- sage. [Approved by the Governor, March 15, 1853.] An Act to incorporate the Mutual Safety Fire Insurance Company. Chctp. 46 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : William Locke Brown, William H. Willis, John T. Paine, corporators. their associates and successors, are hereby made a corporation, by the name of the Mutual Safety Fire Insurance Company, in the town of South Reading, for the term of twenty-eight years, for the purpose of insuring, on the mutual principle. Principle of dwelling houses and other buildings, and personal property, against loss by fire, with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth in Duties, Uawutiw, the thirty-seventh and forty-fourth chapters of the Revised Statutes, and all other general laws which have been or shall be hereafter enacted, relating to mutual fire insurance compa- nies. [Approved by the Governor, March 15, 1853.] 47* 378 1853.. -Chap. 47—50. Chap. 47 Wharf in Dennis. Provided. An Act to authorize Seth Collins to build a Wharf. jBc it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Scth Collins is hereby authorized to build and maintain a wharf, from his land on Bass River, in the town of Dennis, and to extend the same to the channel ; and shall have the right to lay vessels at said wharf, and to receive wharfage and dockage therefor : provided, that this grant shall in no wise impair the legal rights of any person. [Approved by the Gov- ernor, March 15, 1853.] C/mp. 48 Wharf in Provincetown. Provided. An Act to authorize Reuben Ryder, 2d, to build a Wharf Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Reuben Ryder, 2d, is hereby authorized to build and main- tain a wharf, froan his OAvn land, adjoining the harbor of Prov- incetown, and to extend the same into the harbor as far as low water mark, loAvest ebb, and to lay vessels at the said wharf, and receive wharfage and dockage therefor : provided, that this act shall in no wise impair the legal rights of any person. [Approved by the Governor, March 15, 1853.] Chap. 49 An Act in addition to an Act in relation to the Office of Secretary of the Board of Education. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : The secretary of the Board of Education, in addition to his present salary, shall receive the sum of four hundred dollars, to be paid in quarterly payments, out of the treasury of the commonwealth, commencing from the termination of payments under the will of the late Edmund Dwight. [Approved by the Governor, March 15, 1853.] Salary of Secretary increased. C/ucj). 50 Corporators. An Act to incorporate the Ware Gas Light Company. Be it enacted by the Se7iate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Arthur L. Devens, George H. Gilbert, and Charles A. Stevens, their associates and successors, are hereby made a corporation, by the name of the Ware Gas Light Company, 1853. Chap. 50—51. 379 for the pui-pose of manufacturing and selling gas in tlic town To make and of Ware, in the county of Hampshire ; "with all the powers and privileges, and subject to all the duties, liabilities and re- Duties, uabmues, strictions, set forth in the thirty-eighth and forty-fourth chap- ^^'^' ters of the Kevised Statutes. Sect. 2. Said corporation may, for the purposes aforesaid, Real estate not to hold real estate not exceeding fifty thousand dollars, and the ' •whole capital stock shall not exceed one hundred thousand capital stock - ,, -i $100,000. dollars. Sect. 3. Said corporation, with the consent of the select- May open ground men of said town, shall have power and authority to open the ^'^^*' ground in any part of the streets, lanes and highways of said town, for the purpose of sinking and repairing such pipes and conductors as it may be necessary to sink for the purpose aforesaid ; and the corporation, after opening the ground in such streets, lanes and higliAvays, shall be held to put the same again in repair, under the penalty of being prosecuted for a nuisance : provided, that the said selectmen, for the time Pro^"ied. being, shall at all times have power to regulate, restrict and control all such acts and doings of the said corporation, which may in any manner affect the health, safety or convenience of the inhabitants thereof. Sect. 4. No shares in the capital stock of said corporation No stock issued shall be issued for a less sum or amount, to be actually paid in on each, than the par value of the shares which shall be first issued. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, March 17, 1853.] An Act to incorporate the Pawtucket Gas Light Company. Chap. 51 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Claudius B. Fanisworth, John B. Read, and Ellis corporators. B. Pitcher, their associates and successors, are hereby made a corporation, by the name of the Pawtucket Gas Light Com- pany, for the purpose of supplying the inhabitants of the town of Pawtucket with gas ; and for this purpose may erect gas privileges, works in said town, or contract with any other gas company, within or without the commonwealth, or with any individual or individuals, for a supply of gas ; with all the powers and Duties, uabUiUes, privileges, and subject to all the duties, liabilities and restric- tions, set forth in the thirty-eighth and forty-fourth chapters of the Revised Statutes. Sect. 2. Said corporation may, for the purposes aforesaid, iicai cstMe not to 380 1853. -Chap. 51—52. Capital $100,000. May open ground and lay pipes. ProTJded. No shares issued under par. hold real estate not exceeding in value fifty thousand dollars ; and the whole capital stock shall not exceed one hundi-ed thousand dollars. Sect. 3. Said corporation, with the consent of the select- men of the town of Pawtucket, shall have power and authority to open the ground in any part of the streets, lanes and high- ways in the said town, for the purpose of sinking and repairing such pipes and conductors, as it may be necessaiy to sink for the purpose aforesaid ; and the corporation, after opening the ground in such streets, lanes and highways, shall be held to put the same again into repair, under the penalty of being prosecuted for a nuisance : provided, that the said selectmen, for the time being, shall at all times have the power to regu- late, restrict and control the acts and doings of the said corpora- tion, which may, in any manner, affect the health, safety or convenience of the inhabitants of said town. Sect. 4. No shares in the capital stock of said corporation shall be issued for a less sum or amount, to be actually paid in on each, than the par value of the shares which shall be first issued. Sect. 5. This act shall take effect from and after its pas- sage. [Ajjproved by the Governor, March 17, 1853.] List of voters to be furnished. Cliap. 52 An Act ill addition to "An Act to set off a part of the Town of Dedham, and to annex the same to the Town of Wal[)ole." 5e it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : The list of voters required to be furnished by the selectmen of the town of Walpole, to the selectmen of the town of Ded- ham, by the second section of the one hundred and sixty-sixth chapter of the acts passed in the year one thousand eight hundred and fifty-two, entitled "An Act to set off" a Part of the Town of Dedham, and to annex the same to the Town of Walpole," shall be made up, and delivered, annually, not more than twenty, nor less than fifteen days before the sec- ond INIonday of November in each year ; and for every neg- lect by the said selectmen of Walpole so to furnish such list, the said selectmen of Walpole shall forfeit the sum of one hundred dollars ; and for the making of any false return, in respect to any part of such list, the said selectmen of Walpole, shall forfeit the sum of twenty dollars for every name, in re- spect to which, a false return shall have been made. [Approv- ed by the Governor, March 17, 1853.] And at what time. Fine for neglect, etc. 1853. Ciivr. 53—54. 381 An Act to incorporate the Rlagonsett Fishing Company. CJlClV 53 Be it enacted hij the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Charles S. Nye, James Withercll, and Charles O. Corporators. Nye, citizens of North Falmouth, their associates and succes- sors, are hereby made a corporation, by the name of the Ma- fTonsctt Fishing Company, and are empowered to regulate the Ih-ook running from Dam Fond, so called, to Wild Harbor, in said Falmouth, so far as is necessary for the purpose of an ale- wive fishery ; and for this purpose, shall have all the powers Powers and and privileges, and be sidiject to all the duties, restrictions and ^"^' '^^°^' liabilities, set forth in the forty-fouth chapter of the Revised Statutes. Sect. 2. If any person, Avithout the permission of the corpo- Liabiuty to fines, ration, shall take, catch, or haul on shore any alewives in said brook, or within one-eighth of a mile, in any direction from the mouth of said brook, he shall forfeit and pay for the use of said corporation, a sum not exceeding two dollars, if the quantity so taken be less than one barrel ; but if the quantity so taken be more than one barrel, the person so offending shall forfeit and pay for each barrel of fish so taken, five dollars, to be recovered in any court proper to try the same. Sect. 3. If any damage shall be done by said corporation to Liability for the property of any individual, not a member of the corpora- pr™)eft"\ tion, such individual shall be entitled to reasonable damage, to be estimated in the same manner as damages occasioned by the laying out of highways. Sect. 4. This act shall take effect from and after its passage. Takes effect. [Approved by the Governor, March 17, 1853.] An Act to incorporate the Abington Savings Bank. C/ldJ). 54 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Ezekiel Thaxter, Isaiah Noyes, J. N. Giles, their associates corporators. and successors, are hereby made a corporation, by the name of the Abington Savings Bimk, to be established and located in the town of Abington ; with all the powers and privileges, and Duties, liabilities subject to all the duties, liabilities and restrictions, set forth in the thirty-sixth chapter of the Revised Statutes, and in all other laws of this Commonwealth relating to institutions for savings. [Ajyproved by the Governor, March IT, 1853.] 1853. -Chap. 55—56. An Act to revive tlie Charter of the Taunton and Middleborough Rail- road Corporation. JBe it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The charter of the Taunton and Middleborough Raih'oad Corporation, granted by the act of one thousand eight hundred and forty-eight, chapter one hundi'ed and sixty-two, is hereby revived ; and the said company are hereby author- ized to locate and construct the road mentioned in said char- ter ; with all the privileges, and subject to all the liabilities, in said act mentioned : provided, that said location shall be filed before the first day of January next, and said road com- pleted before the first day of September, in the year one thou- sand eight hundred and fifty-four. Sect. 2. The said company are hereby authorized to take, and shall hereafter be known by the name of the " Middle- borough and Taunton Railroad Corporation." Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor, March 17, 1853.] Policies not to be Rsued nor lividends to be nade till, etc. An Act to incorporate the Commercial Mutual Marine Insurance Com- pany. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Charles R. Tucker, Edward D. Mandell, George O. Crocker, their associates and successors, are hereby made a corporation, by the name of the Commercial Mutual Marine Insurance Comj^any, to be established in the city of New Bed- ford, for the purpose of making maritime loans and insurance against maritime losses, on the principle of a mutual insurance company ; and for this purpose shall have all the powers and privileges, and be subject to all the duties, restrictions and liabilities, set forth in the thirty-seventh and forty-fourth chap- ters of the Revised Statutes, so far as the same are applicable to the corporation hereby created ; to continue for the term of ten years. Sect. 2. No policy shall be issued, until the sum of one hundred thousand dollars shall have been subscribed ; and no division of any funds or profits shall be made to the subscrib- ers or stockholders, until the expiration of their charter ; but such funds or profits shall be invested in such securities or stocks, as are required by law of insurance companies now in- corporated. 1853. CiiAr. 56—57. 383 Sect. 3. The said corporation may hold real estate to the SSiJnnn^*® n 1 1111 ®e paid. clerk, and for whose official acts and doings the said justice shall be responsible, and who shall officiate as clerk until the standing clerk shall resume the performance of liis duties, or until another clerk shall be duly appointed. Sect. 3. The clerk shall be sAvorn to the faithful perform- cierk to be swom ancc of his duties, and shall give bond to the city of Salem, in felthfuT perform- such sum as the board of mayor and aldermen of said city '^°'^® °^ '^'^'"^^' shall from time to time order, Avith a surety or sureties to the acceptance of the city treasurer, Avith condition for the faith- ful performance of the duties of his office, and of the duties prescribed to him in this act. Sect. 4. The clerk shall attend all sessions of said court, cierktokeepa AA'hether for the transaction of criminal or civil business, and crhnLai and shall keep a record of all the proceedings of said court ; and separate books!^ the records of proceedings in civil cases shall be kept in a different book and separate fi'om the records of proceedings in matters of a criminal nature. 384 1853. Chap. 57. Clerk to make all Sect. 5. The saicl clcrk shall make all warrants, writs and warrants, etc., i-iini i ii -i ^»v«. and to tax bills processes wliich shall be ordered by said court, and tax all bills of cost, receive ^ ^ , • ^^ n i^i'-i t r -, fines, forfeitures, oi costs, and rcceivc ail iines and lorieitures, and rees, aAvard- ***'■ ed and payable in said court, and all fees for blanks, and for copies in civil and criminal suits. Clerk to account Sect. 6. All fccs and chargcs, both in civil and criminal trclsurer quar- pi'ocecdings, now by law received by or payable to the said teriy for fees and standing iusticc, shall be received by said clerk, and bv him charges received. iz- i i c-i- J-''"- accounted lor quarterly to the treasurer of said city of Salem, and he shall forthwith pay over the amounts due thereon to said treasurer. Fines, costs, etc., Sect. 7. All fiiics and forfeitures received by said clerk or ispose 0 . i^y g,^^^ justice, and all costs in criminal prosecutions so received, except the fees and charges named in the sixth section of this act, shall be accounted for and paid over by said clerk, in the same manner and under the same penalties for neglect, as are now prescribed with regard to the standing justice of said court. And all costs and charges arising in criminal prosecutions, which shall not be paid by said clerk, as above provided, shall by said clerk be taxed, certified, allowed and paid in like manner, as is now provided with regard to said standing justice. Fees of special Sect. 8. Whenever the said Police Court shall be held by holding courts, either of the special justices thereof, the said special justices shall receive, in compensation for their services, the fees to which they are by law entitled ; provided, however, that have'been'^earned ^^'^^^ tlic sum of ouc hundred dollars sliall havc been thus to receive $4. earned in any one year, by either, or both of said special jus- tices, the said special justices shall thereafter be paid, in full for their services as such justices, at the rate of four dollars To be deducted per diem, to be deducted from the salary of the standing jus- the^tending" ticc, and the fees to which they or either of them would other- justice. ^vise be entitled, shall be received by the clerk and by him accounted for, and paid to the city treasurer, as hereinbefore provided, with regard to the standing justice. Clerk to receive Sect. 9. The Said clcrk shall receive, in full compensa- an annual salary . -j i i 'r i f^ "■ of Si 00. tion tor all nis services as said clerk, except tor such copies as he' is not by law bound to furnish, an annual salary of not less than seven hundred dollars, the amount of which, if above that sum, shall be determined not oftcner than once in each To be paid ycai'j by the concurrent vote of the two branches of the City quarterly by Couucil of Said citv of Salcm, aiid said salary shall be paid in trG3.surcr of tiic •/ ^ •/ x cityofsaum. cqual quarterly payments, out of the treasury of the city of Salem. Jurisdiction and Sect. 10. The Said PoHcc Court, in addition to the juris- court.° °^'^'^ diction which it now has, shall have exclusive jurisdiction of all crimes, offences and misdemeanors, committed within the 1853. -Chap. 57. 385 said city of Salem, whereof the said Police Covirt and justices of the peace for the county of Essex now have jurisdiction ; and said Police Court shall also have original jurisdiction and cognizance of all suits and actions whereof any justice of the peace in the county of Essex now has or hereafter may have jurisdiction, and exclusive jurisdiction, whenever any person summoned as trustee in any such action resides in the city of Sa- lem, and service has been duly made on said supposed trustee ; ProTided, etc. provided, that nothing in this act contained shall prevent any jus- tice of the peace, within the county of Essex,from issuing a war- rant in any criminal suit or prosecution within said county, re- turnable before said court ; but no fees shall be allowed to any justice of the peace for any such warant, unless it shall appear to the court that there was just and reasonable cause for issuing it. Sect. 11. The standing justice of the said court, or either -n-an-ants how of the special iustices, or any justice of the peace of the county issued, returned, ^ •'. "^ '' ■, T n -11 n ^"'^ disposed of of Essex, may issue a warrant under the lorty-nnith chapter oi the Revised Statutes, and such warrant may be made returna- ble before said Police Court ; but no justice of the peace within the city of Salem shall exercise any further jurischction than to issue such warrant ; and any party aggrieved by the judgment of said court, in any case, whether civil or criminal, may appeal therefrom to the Court of Common Pleas, lor Party aggrieved said county of Essex, in the same manner now provided for °^^^ *^^*^^ appeals from said Police Court. Sect. 12. Neither the standing justice, nor the clerk, shall ^'^'/>°'■°*■*'l^ o J ' ^ ^ _ justices nor be retained or employed as counsel or attorney, in any suit, ^lerk to be • ••• einuloved. liis complaint, application, petition, or other proceeding whatever, counsel. before said court, nor in any which shall have been heard or examined therein ; and neither of the special justices shall be retained or employed as counsel or attorney in any matter which shall have been heard or examined before them respec- tively. Sect, 13. A court shall be holden by the said standing court to hoid /» 1 . 1 . . •11 n daily sessions justice, or one oi the special justices, at some suitable and except Sunday. convenient place, to be provided at the expense of the city of Salem, on every day of the week, Sundays excepted, at nine of the clock in the forenoon, to take cognizance of crimes, offences and misdemeanors, and on one fixed day of each week, at ten of the clock in the forenoon, and by adjournment as much oftener as may be necessary, for the entry and trial of civil actions, the hearing of motions, and such other civil busi- ness as may come before it. Sect. U. The jurisdiction of the Police Court of the city ?o"be1i^*ue°drefe. of Salem shall not be Kmited by reason of any interest on the part of the justices of said court, or either of them, in the 43 386 1853. -Chap. 57—59. Inconsistent acts repealed. V\Tien to take effect. pajanent of fines and costs into the treasmy of the city of Sa- lem, or of the county of Essex. Sect. 15. All acts and parts of acts, inconsistent with this act, are hereby repealed. Sect. 16. This act shall be in force and take effect from and after its acceptance by the city of Salem, by the concur- rent vote of the two branches of the city council of said city of Salem. [Ajjproved by the Governor, March 17, 1853.] Chap. 58 A" -^ct to authorize the Taunton Branch Railroad Corporation to Sub- scribe to the Middleborough and Taunton Raihoad Corporation. He it enacted by the Senate and House of Representatives, in General Court assembled, and! by the authority of the same, as follows : The Taunton Branch Raiboad Corporation is hereby au- thorized to subscribe for the stock of the Middleborough and Taunton Railroad Corporation, to an amount not exceeding twenty -five thousand dollars : provided, that this act shall not take effect until the same shall have been accepted by a vote of at least three-fourths of the stockholders in said Taunton Branch Railroad Corporation, present and voting at a meeting called for that purpose. [Approved by the Governor, March 17, 1853.] May subscribe S25,000. To take effect ■when accepted by three-fourths of the stock- holders of T. B. Railroad. Chaj). 59 Corporators. To make and sell gas. Real estate not to exceed $50,000. No shares issued under par. An Act to incorporate the Northampton Gas Light Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. William H. Stoddard, Samuel A. Fiske, and Daniel Kingsley, their associates and successors, are hereby made a corporation, under the name of the Northampton Gas Light Company, for the piupose of making and selling gas in the town of Northampton ; with all the powers and priv- ileges, and subject to all the duties, restrictions and liabili- ties, set forth in the thirty-eighth and forty-fouith chapters of the Revised Statutes. Sect. 2. Said corporation may hold such real and personal estate, as may be necessary and convenient for the purpose aforesaid, not exceeding in value the sum of fifty thousand dollars. Sect. 3. No shares in the capital stock of said company shall be issued for a less sum or amount, to be actually paid in on each, than the par value of the shares which shall be first issued. 1853. CiiAr. 59—60. 387 Sect. 4. Said corporation, with tlic consent of tlic select- ?^"y ?i'<^'* ^''^'^'^'^ f tCt 1 1 lay pipes, &c. men of the toAvn ot JNortlianipton, shall have power and au- thority to open the ground in any part of the streets, hmes and highways in said town, for the purpose of sinking and repairing such pipes and conductors as it may be necessary to sink for the purpose aforesaid ; and the said company, after opening the ground in said streets, lanes and highways, shall he held to put the same again in rej)air, under the penal- ty of being prosecuted for a nuisance : provided, the said se- provideJ. lectmen, for the time being, shall at all times have the power to regulate, restrict and control the acts and doings of said company, ^^'hich may, in any manner, affect the health, safety or convenience of the inhabitants of said town. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, March 19, 1853.] An Act to incorporate the Woi'cester County Carpet ]\Iills. Cluiy). 60 5e it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. William M. Bickford, George Bowen, Timothy corporators. "\V. Bancroft, William Barker, their associates and successors, nve hereby made a manufacturing corporation, by the name of the AVorcester County Carpet Mills, for the purpose of manu- Purpose, facturing cotton and woolen fabrics and machinery, and other articles necessary or convenient to be used therefor, and carry- ing on the business thereof, in the city of Worcester, in the county aforesaid ; and for this purpose shall have all the pow- Powers, etc. ers and privileges, and be subject to all the duties, restric- tions and liabilities, set forth in the thirty-eighth and forty- fourth chapters of the Revised Statutes. Sect. 2. Said corporation may hold, for the purposes I'eai estate not to •' exceed S150 000 aforesaid, real estate, in amount not exceeding one hundred nor capuai ' and fifty thousand dollars, and their whole capital stock shall *° ' not exceed five hundi-ed thousand dollars : provided, that no ^, , . , , •! .1 ir--! -iiii- 1 >o shares issued snares in the capital stock ot said corporation shall be issued under par. for a less sum or amount, to be actually paid in on each, than the par value of the shares which shall be first issued. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor, March 19, 1853.] 388 1853. -Chap. 61—63. Terminus of Canal. Capital stock to be diviJeil. Chap. 61 -^" ^^t i" addition to " An Act concerning tlie Maiden Canal Company." J5e it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The southerly side of the Saugus Branch Rail- road, in Maiden, to which the Maiden Canal is now completed, shall be the northerly terminus of said canal. Sect. 2. Said Maiden Canal Company shall have pow- er to divide their capital stock into such number of shares fe^toa""^ ^^^^°'^ ^^ ^^^^ stockholders by vote shall determine : provided, that no ■"aiue. share of said capital stock shall be issued for a less sum or amount to be actually j^aid in on each, than the par value to be fixed by said stockholders. Sect. 3. All provisions contained in the Act passed April sixteenth, one thousand eight hundred and forty-six, entitled, " An Act to establish the ]\Ialden Canal Company," and also in an act passed INIarch twenty-third, one thousand eight hundred and fifty, entitled, " An Act concerning the Maiden rrTi^d'*"^' ^"^^^ Canal Company," not consistent with the foregoing sections, are hereby repealed [Approved by the Governor, March 19, 1853.] Vhctp. bZ An Act to authorize Lewis L. Sellew to build a Wharf in Truro. 3e it enacted by the Senate and House of Representatives , in General Court assembled, and by the authority of the same, as follows : Lewis L. Sellew is hereby authorized to build and maintain a wharf at Pond Village, in the town of Truro, and shall have the right to lay vessels at the end and sides of said wharf, and to receive wharfage and dockage therefor : provided, that this act shall in no wise impair the legal -rights of any person. [Approved by the Governor, March 19, 1853.] May build a wharf iu Truro Provided, etc. C/iap. 63 Corporators. May make and .sell ga.* in West Roxbury. An Act to incorporate the Jamaica Plain Gas Light Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Mclancthon Smith, John C. Pratt, and David S. Greenough, their associates and successors, are hereby made a corporation, by the najne of the Jamaica Plain Gas Light Com- pany, for the purpose of manufacturing and selling gas in the town of West Poxbury ; with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth 1853. CiiAr. 63—64. in the tliirty-clglith and forty-fourth chapters of the Revised Statutes. Sect. 2. Said corporation may, for the purpose afoi'csaid, Heai estate hold real estate not exceeding in value eighty thousand dollars ; *^*''^^^- and the whole capitid stock shall not exceed one hundred Capitni 8tock thousand dollars. *^°«'«««- Sect. 3. Said corporation, with the consent of the select- Mayopenground, men of the town of West Eoxbury, shall have power and ^'^^ ^^^^^' *''''■ authority to open the ground in any part of the streets, lanes and highways in the said town, for the pi^rpose of sinking and repairing such pipes and conductors as it may be necessary to sink for the purpose aforesaid ; and the corporation, after open- ing the ground in such streets, lanes and highways, shall be held to put the same again into repair, under the penalty of being prosecuted for a nuisance : provided, that the said select- ProyUed men, for the time being, shall at all times have the power to regulate, restrict and control the acts and doings of the said corporation, which may in any manner affect the health, safety or convenience of the inhabitants of said town. Sect. 4. No shares in the capital stock of said corporation xo shares issued shall be issued for a less sum or amount, to be actually paid "° ^^^^^' in on each, than the par value of the shares which shall be fii'st issued. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, March 19, 1853.] An act in addition to the several Acts respecting the Bostou and C/lCCj). o4 Maine Raih'oad. Be it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The Boston and jNIaine Hailroad are hereby commissioner authorized to alter the draw in their bridge over Charles River, aiter'drawor°con- or to construct another draw by the side of the present draw, ^*™''' another. as shall be determined by the commissioner hereinafter men- tioned, in such a manner, as to enable them to connect and use the side tracks now on said bridge. Sect. 2. Said draw shall be altered, under the direction commissioner— f, '111 1 li"^ appointed a commissioner, to be appointed by the governor and and paid. council, who shall be paid by said Boston and Maine Rail- road ; — and said road shall be held liable to keep said draw in good repair, and to open the same and afford all proper accommodations to vessels having occasion to pass the same vessels may pass , , , . , <-' •■• draw by day or by day or by night. by night. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor, March 19, 1853.] 4a» 390 .. 1853. Chap. 65—67. Chcip. 65 An Act to authorize Isaac Bea and others to buihl a Wharfs Be it enacted by the Senate and House of Representatives , in General Court assembled, and by the authority of the same, as folloivs : Corporators. Isaac Bea, Joseph Young, Oliver A. Nickerson and their associates, are hereby authorized to build and maintain a Wharf in Chat- wharf froui their land, at the south-west branch of the old feeTinto the*^ ^'^^ harbor in Chatham, and to extend the same two hundred feet harbor. ^^-^j-q j.]-^g harbor ; and they shall have the right to lay vessels at the said wharf and to receive dockage and wharfage there- Provided, etc. for : provided, that the said wharf shall in no way obstruct the anchorage for vessels in said harbor ; and provided also, that this grant shall not interfere with the legal rights of any person. [^Approved by the Governor, March 19, 1853.] Chttp. 66 An Act to incorporate the Waltham Savings Bank. Re it enacted by the Senate and House of Representatives , in General Court assembled, and by the authority of the same, as follows : Corporators. Eliplialct Pcarsou, George Bigelow, Leonard P. Frost, their associates and successors, are hereby made a corporation, by Xameof the name of the Waltham vSavings Bank, to be established corpora ion. ^^_^^ locatcd in "Waltham ; with all the powers and privileges. Duties, liabiuties, and subjcct to all the duties, liabilities and restrictions, set forth in the thirty-sixth chapter of the Revised Statutes, and in all other laws of this commonwealth relating to institutions for savings. [Approved by the Governor, March 19, 1853.] Lhcip. O i An Act to incorporate the Dorchester Savings Bank. Re it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Corporators. William Ricliardson, Oliver Hall, Lems Pierce, their asso- ciates and successors, are hereby made a corporation, by the name of the Doixhester Savings Bank, to be established and located in. the town of Dorchester ; with all the powers and pri\T.leges, and subject to all the duties, liabilities and restric- tions, set forth in the thirty-sixth chapter of the Revised Stat- utes, and in all other laws of this commonwealth relating to institutions for sa\ings. [Approved by the Governor, March 19, 1853.] Duties, liabilities etc. 1853. Chap. 68—69. 391 An Act to incorporate the Dedham Gas Light Compan}'. Chcip. 68 Be it enacted by the Seiiate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: Sect. 1. Joseph W. Clcorke, Horatio Chickering, Ebcn S. Corporators. Fisher, their associates and successors, are hereby made a cor- poration, by the name of the Dedham Gas Light Company, for the purpose of making and selHng gas in the town of Ded- ham, with all the powers and privileges, and subject to all the duties, liabilities, duties, liabilities, and restrictions, set forth in the thirty-eighth and forty-fourth chapter of the Kevised Statutes. Sect. 2. . Said corporation may hold real estate to an amount i^^ai estate not to T nr ^ Tin t i it • exceed $50,000. not exceeclmg titty thousand dollars ; and the whole capital nor capital stock not to exceed one hundred thousand dollars. §^100,000. Sect. 3. No shares in the capital stock of said company shares not to be shall be issued for a less sum or amount, to be actually paid in *^^"'* ^^ ^^ ^^^' on each, than the par value of the shares which shall be first issued. Sect. 4. Said corporation, with the consent of the select- ^lay ope° t^^e men of the town of Dedham, shall have power and authority etc. ' ' ' to open the ground in any part of the streets, lanes, and high- ways in said to"v\ni, for the purpose of sinking and repairing such pipes and conductors as it may be necessary to sink for the purpose aforesaid. And the said company, after opening the ground in said streets, lanes and highways, shall be held to put the same again into repair, under the penalty of being prosecuted for a nuisance : provided, that said selectmen, for Pro'^i'ieij^ etc. the time being, shall, at all times, have the power to regulate, restrict, and control the acts and doings of said company, which may, in any manner, affect the health, safety, or con- venience of the inhabitants of said town. Sect. 5. Tliis act shall take effect from and after its jDas- sage. [Approved by the Governor, March 19, 1853.] An Act in relation to Sheriff's Bonds. CJuiJ). 69 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : It shall not be lawful for any sheriff to enter upon the du- bond^L^'tr'lasur ties of his office, or perform any official act by himself or any erss office. deputy, until the bond of such sheriff, required by law, shall be filed in the office of the treasurer of the commonwealth. [Approved by the Governor, March 19, 1853.] 392 - 1853. Chap. TO. Chan. 70 ^" ^^^ ^^ establish the City of Lawrence. Be it enacted by the Senate and House of Represcntati'ves, in General Court assembled, and by the authority of the same, as folloivs : Lawrence to be Sect. 1. The iiiliabitants of the town of Lawrence shall continue to be a body politic and corporate, under the name of the city of LaAvrence, and as such shall have, exercise, and enjoy all the rights, immunities, powers and privileges, and shall be subject to all the duties and obligations, now incum- bent upon and appertaining to the said town, as a municipal corporation. Administration, Sect. 2. The administration of all the fiscal, prudential in a mayor, 6 and municipal affairs of the said city, with the government 18 common'^ thcrcof, shall be vested in one municipal officer, to be stjded councihnen. ^^^ mayor ; one council of six, to be called the board of alder- men ; and one council of eighteen, to be called the common council ; which boards, in their joint capacity, shall be de- nominated the city council, and the members thereof shall be sworn to the faithful performance of their respective duties. A majority of each board shall constitute a quorum for the No compensation, transaction of busiucss. And no member of either board shall receive any comj)ensation for his services. ^x wards'"'"^ ^"*° Sect. 3. The city shall be, and the same is hereby divided into six wards, as follows : — All that portion of the city north of the Merrimack River, and east of a line drawn from said river northerly through the centre of Newbury Street to Ward one. Mcadow Street, thence through the centre of Meadow Street to the bridge over the Spicket River, on the Haverhill road, thence tlirough the centre of the Haverhill road to Prospect Street, thence northerly through the centre of Prospect Street to the city line, shall be one ward, and known as Ward One. All west of said line, and east of a line drawn from Merri- mack River northerly through the centre of Lawrence Street until it reaches the city line, shall be one ward, and known as Ward Two. All that portion west of the centre of said Lawrence Street and east of a line drawn through the centre of Hampshire Street northerly from the Merrimack River until it reaches Pine Street, thence through the centre of Pine Street until it reaches Lawrence Street, near the city line, shall be one ward, and known as Ward Three. All that portion of the city west of said line drawn tlu-ough Hampshire Street, and east of a line drawn through the centre Ward four. of Tumpikc Street northerly from the Merrimack River until it reaches the city line, shall be one ward, and known as Ward Four Ward two. Ward three. 1853. Chap. 70. 393 All that portion of the city north of the Merrimack River, and Avcst of a line drawn through the centre of Tnrnpike Ward fire. Street northerly from said river, shall be one ward, and known as AVard Five. All that portion of the city south of the Merrimack Eiver, ward six. shall be one ward, and known as Ward Six. It shall be the duty of the city council, in the 5^ear eig'hteen city council shaii , ,, ifc • '' 1 r '^ ' r ii revise the wards hundretl and ntty-six, and alter that, once m live years, and not in I85t5,and once oftener, to revise, and if it be needful, to alter the boundaries thereafter." of the several wards in such manner that they may contain, as nearly as may be, an equal number of inhabitants. Sect. 4. On the first ^Monday of December, annually, Election of cicrks. there shall be chosen by ballot, in each of said wards, a inspectors. Avai'dcn, clerk, and three inspectors of elections, residents of the wards in which they are chosen, who shall hold their of- fices for one year, and until others shall have been chosen in their places and qualified to act. It shall be the duty of such warden to preside at all ward meetings, with the powers of moderators of town-meetings. And if, at any meeting, the in absence of warden shall not be present, the clerk of such ward shall call ^ay^preslde^ the meeting to order, and preside until a warden pro tempore shall be chosen by ballot. And if, at any meeting, the clerk cierk pro tem. shall not be present, a clerk pro tempore shall be chosen by ^'^^ ^^ etosen. ballot. The clerk shall record all the proceedmgs and certity the votes given, and deliver to his successor in office all such records and journals, together with all other documents and papers held by him in said capacity. And it shall be the duty of inspectors of elections to assist Duties of the warden in receiving, sorting, and counting the votes, '"^p^^'o'"^- And the warden, clerk, and inspectors of elections, so chosen, shall respectively make oath or affirmation, faithfully and im- partially to discharge their several duties, relative to all elec- tions ; which oath may be administered by the clerk of such oaths of ward ward, to the warden, and by the warden to the clerk and in- administered. specters, or by any justice of the peace for the county of Essex. All warrants for meetings of citizens for municipal pur- warrants for poses, to be held either in wards or in general meetings, shall issued, etc. be issued by the mayor and aldermen, and shall be in such form, and shall be served, executed, and returned, in such manner, and at such times, as the city council may, by any by- law, direct. Skct. 5. The mayor and six aldermen, one alderman to Kicction, quaiie- be selected from each ward, shall be elected by the qualified of office ot mayor, voters of the city at large, voting in their respective wards ; ''^^■ and tluee common council men, and one person to be an over- 394 1853.- -Chap. 70. Procpedings at flections. Certificates of election to be issued. Provided, etc. Mayor to be notified. Proceedings in ease of failure to elect. Vacancies — how to be supplied. ^fotice to aldermen. seer of the poor, and one person to be a member of the school committee, and one person to be an assistant assessor, shall be elected by the qualified voters of each ward, and shall be resi- dents of the wards wherein they are elected. All said officers shall be chosen by ballot, and shall hold their offices for one year from the first ]Monday in January, and until others shall be elected and quahfied in their places. Sect. 6. On the first Monday of December, annually, the qualified voters in each ward shall give in their votes for mayor, aldermen, common council men, overseer of the poor, school committee, and assistant assessor, as provided in section five of this act ; and all the votes so given, shall be sorted, counted, declared, and registered in open ward-meeting, by causing the names of the persons voted for, and the number of votes given for each, to be written in the ward records in words at length. The clerk of the ward shall, within twenty- four hours after such election, deliver to the persons elected members of the common council, overseer of the poor, school committee, and assistant assessor, certificates of their elections, signed by the warden and clerk, and by a majority of the in- sj)ectors of elections for such ward, and shall .deliver to the city clerk a copy of the records of such elections, certified in like manner : provided, however, that if the choice of common councilmen, overseer of the poor, school committee, or assist- ant assessor, shall not be effected on that day, the meeting may be adjourned from time to time, but not more than seven days at any one time, until such election is completed. The board of aldermen for the time being, shall, as soon as con- veniently may be, within seven days after such election, ex- amine the copies of records of the several wards, certified as aforesaid, and shall cause the person who may have been elected mayor to be notified, in writing, of his election ; but if it shall appear that no j)erson has received a majority of all the votes, or if the person elected shall refuse to accept the office, the board of aldermen shall issue their wan'ant for a new election, and the same proceedings shall be had as are hereinbefore provided for the choice of mayor, and repeated from time to time, until a mayor shall be chosen, and shall ac- cept the office. In case of the decease, resignation, or absence of the mayor, or his inability to perform the duties of his office, it shall be the duty of the board of aldermen and the common council, in convention, to elect a mayor to serve during the unexpired term, or until the occasion, causing the vacancy, be removed. And if it shall appear that the number of aldermen have not been elected, the same proceedings shall be had as are hereinbefore provided for the choice of mayor. Each alder- 1853. Chap. 70. 395 man shall be notified, in writing, of his election by the mayor and aldermen for the time being. The oath, prescribed by this act, shall be administered to the mayor by the city clerk, or by any justice of the peace for the county of Essex. The aldermen and common council men elect, shall, on the oath of office first ]Monday in January, at ten o'clock in the forenoon, meet ana recorded. in convention, "when the oath requii-ed by this act shall be ad- ministered to the members of the two boai*ds present, by the mavor, or by any justice of the peace for the county of Essex ; and a certificate" of such oath having been taken shall be en- tered in the journal of the mayor and aldermen, and of the common council, by their respective clerks. And M"henevcr it shall appear that no mayor has been elected in case of failure 1 1 •tnliT■\•^-^^ i*o choose mayor, previously to the said nrst Monday m January, the mayor and etc. aldermen, for the time being, shall make a record of that fact, an attested copy of which the city clerk shall read at the open- ing of the convention to be held as aforesaid. After the oath has been administered as aforesaid, the two Organization of , , , ,, -, ■, •! 1 n 1 common council. boards shall separate, and the common council shali be organ- ized by the choice of a president and a clerk, who shall be sworn to the faithful discharge of their duties. - In case of the absence of the mayor elect, on the first Mon- Proceedings in - , . *^ 111 ••!!•• absence of may or. day 01 Januaiy, the city government shaii organize itseli m the manner hereinbefore provided, and may proceed to busi- ness in the same manner as if the mayor were present ; and the oath of office may be administered to the mayor at any time thereafter, in a convention of the two branches. In the absence of the mayor, the board of aldermen may Mayor pro ^fw;. choose a chairman pro tempore, who shall preside at joint meetings of the two boards. Each board shall keep a record of its own proceedings, and Each board to judge of the election of its own members ; and in case of fail- ^^^^ ^^''°^ ' ^^' ure of an election, or in case of any vacancy declared by either board, the mayor and aldermen shall order a new election. Sect. 7. The mayor, thus chosen and qualified, shall be Duty of mayor. the chief executive officer of the city ; it shall be his duty to be vigilant in causing the laws and regulations of the city to be enforced, and to exercise a general supervision over the conduct of all subordinate officers, and to cause their neglect of duty to be punished ; he may call special meetings of the board of aldermen and common council, or either of them, when necessary in his opinion, by causing notices, in writing, to be left at the places of residence of the several members ; he shall communicate, from time to time, to both of them, such information, and recommend such measm-es, as, in his 396 1853.- -Chap. 70. Compensation. Executive power of mayor and aldemien. Bonds required of constable, etc. Powers of mayor, aldermen, and common council. Appointments of certain officers. Sittings to be public. Safe keeping of city property. opinion, tlie interests of tlie city may require ; he shall pre- side in the board of aldermen, and in convention of the two boards, but shall have a casting vote only. His salary for the first year under this charter shall be five hundi-ed dollars, and no more. He shall afterwards receive for his services, such salaiT as the city council shall determine, and shall receive no other compensation ; but such salary shall not be increased or diminished during the year for which he is chosen. Sect. 8. The executive power of the said city generally, and the administration of the police, with all the power here- tofore vested in the selectmen of Lawrence, shall be vested in, and may be exercised by, the mayor and aldermen, as fully as if the same were herein specially enumerated. The mayor and aldermen shall have full and exclusive power to appoint a constable and assistants, or a city marshal and assistants, with the powers and duties of constables and all other police offi- cers, and the same to remove at pleasure. Aiid the mayor and aldermen may require any person who may be appointed marshal or constable of the city, to give bonds for the faithful discharge of the duties of the office, with such security and to such amount as may be deemed reasonable and proper ; upon which bonds the like proceedings and remedies may be had as are by law provided in the case of constables' bonds taken by the selectmen of towns. All other powers now vested in the inhabitants of the said town, and all poAvers granted by this act, shall be vested in the mayor and aldermen and common council of the said city, to be exercised by concui'rent vote, each board to have a nega- tive upon the other ; but the city council shall, annually, as soon after their organization as may be convenient, elect by joint ballot, in convention, a city treasurer, collector of taxes, three assessors and a city clerk, and two persons to be select- ed from the members of the board of aldermen, to be overseers of the poor, and shall, in such manner as the said city coun- cil may determine by any by-law made for the purpose, ap- point or elect all subordinate officers, not herein otherM'ise di- rected, for the ensuing year, define their duties and fix their compensations, in cases where such duties and compensations shall not be defined and fixed by the laws of the common- wealth. All sittings of the mayor and aldermen, of the common council, and of the city council, shall be public, when they are not engaged in executive business. The city council shall take care that money shall not be paid from the treasury un- less granted or appropriated ; shall secure a just and prompt accountabihty, by requiring bonds, with sufficient penalty and 1853. Chap. 70. 397 sureties, from all persons intrusted mth the receipt, custody, or disbursement of money ; shall have the care and superin- tendence of city buildings, and the custody and management of all city property, with power to let or sell what may be le- gally let or sold ; and to purchase property, real or personal, in the name and for the use of the city, whenever its interests or convenience may, in their judgment, require it. And the city council shall, as often as once a year, cause to be pub- lished, for the use of the inhabitants, a particular account of receipts and expencHtures, and a schedule of city property. Sect. 9. In all cases in which appointments are directed Mayor to to be made by the mayor and aldermen, the mayor shall have the exclusive power of nomination, being subject, however, to confirmation or rejection by the board of aldermen ; and no person shall be eligible to any office of emolument, the salary of which is payable out of the city treasury, who, at the time of such appointment, shall be a member of the board of alder- men or of the common council : provided, however, that any Provided, etc. member of either board may be elected to serve as mayor whenever a vacancy shall occur in that office, and any two members of the board of aldermen may be chosen overseers of the poor, as hereinbefore pro"\dded. Sect. 10. The city clerk shall be clerk of the board of al- Duty of city dermen, and shall be sworn to the faithful performance of liis duties. He shall perform such duties as shall be prescribed by the board of aldermen ; he shall perform all the duties and exercise all the powers by law incumbent upon or vested in the town clerk of the town of Lawrence. Sect. 11. The qualified voters of each ward, at their re- overseers of spective annual ward meetings, shall elect by ballot one per- son in their respective wards, who shall be a resident of the ward, to be an overseer of the poor, and the persons thus cho- sen, together with the mayor and the two aldermen selected by the city council, as hereinbefore provided, shall constitute the board of overseers of the poor, and shall have all the poAv- ers, and be subject to all the duties, now by law pertaining to the overseers of the poor of the town of Lawrence. The qualified voters shall, at the same time and in like School manner, elect one person in each ward, who shall be a resi- dent of the ward, to be a member of the school committee, and he shall serve without compensation ; and the persons so cho- sen, together with the mayor, who shall be, ex ojicio, chair- man of the board, shall constitute the school committee, and have the care and superintendence of the public schools ; and the said committee shall appoint, from their own number or otherwise, a secretary, to be under the direction and control 49 398 1853. -Chap. 70. Assistant assessors. Duties, etc., of assessors. Assessment, etc., of taxes. of said committee, superintendent of the schools ; and the compensation of such secretary shall be determined from year to year by the city council, on recommendation of the school committee. The qualified voters shall, at the same time and in like manner, elect one person in each ward, who shall be a resi- dent of the ward, to be an assistant assessor ; and it shall be the duty of the persons so chosen to furnish the assessors ■with all needful information relative to the persons and prop- erty taxable in then- respective wards, and they shall be sworn to the faithful performance of their duty. The persons to be chosen by the city council as assessors, as hereinbefore provided, shall constitute the board of assessors, and shall exercise the same powers, and be subject to the same duties and liabilities, that the assessors in the several towns in this commonwealth may exercise or be subject to under exist- ing laws ; and they shall be sworn to the faithful performance of their duty. All taxes shall be assessed, apportioned and collected in the manner prescribed by the laws of this commonwealth : pro- vided, however, that the city council may establish further or additional provisions for the collection thereof. Fire department. Sect. 12. An act establishing the fire department in the town of Lawrence, passed May tenth, in the year eighteen hundi'ed and forty-eight, shall continue in force, and all the power and authority now vested in the selectmen of Law- rence, in relation to the fire department of that town, shall be transferred to and vested in the mayor and aldermen. Sect. 13. The list of jurors shall be prepared by the mayor and aldermen, in the same manner as is required in the ninety-fifth chapter of the Revised Statutes to be done by the selectmen within and for then- respective towns ; and the lists, when made out, shall be submitted to the common council for concurrent revision or amendment. The mayor and aldermen and the city clerk shall severally have and exercise all the powers and duties, with regard to the drawing of jurors in the city, and all other matters relat- ing to jurors therein, which are, by law, required to be per- fomied by the selectmen and ioyra. clerk in their respective towns ; and all venires for jurors to be retiu"ned from Law- rence shall be served on the said mayor and aldermen. Power of city Sect. 14. The mayor and aldermen, with the concurrent tespect"to°treet.s. votc of the commou council, shall have exclusive power to lay out, alter or discontinue any street or town way, and to estimate the damage any individual may sustain thereby. And any person dissatisfied with the decision of the city coun- List of jurors. Drawing of jurors. 1853. Chap. 70. 399 cil, in tlie estimate of damages, may make complaint to the comity commissioners of the county of Essex, at any meeting hckl witliin one year after such decision, whereupon the same proceedings shall be had as are now by law provided in cases where persons are aggrieved by the assessment of damages by the selectmen, in the twenty-fourth chapter of the Kevised Statutes. Sect. 15. The mayor and aldermen, with the concurrent Power of city in vote of the common council, shall have the power to cause dnuningl'etc. drains and common sewers to be laid down through any street or private land, pajing the owners such damage as they may sustain thereby, and to require all persons to pay a reasonable sum for the privilege of opening any di'ain into such public di-ain or common sewer. And the city council may make by-laws, with suitable pen- And niea.«ure- !.• r ii • i* i J 1 r. ment of wood, etc alties, tor the inspection, survey, measui'ement and sale oi lumber, wood, coal and bark, brought into the city for sale. Sect. 16. All power and authority now vested by law in health officers, the board of health for the town of Lawrence, or in the se- lectmen thereof, shall be transferred to, and vested in, the city council, to be by them exercised in such manner as they may deem expedient. Sect. 17. The mayor and aldermen shall, in each year, warrant for issue their warrant for calling meetings for the election of the representatives. whole number of representatives to the general court to which the said city is by law entitled, and the number shall be spec- ified in the warrant. Sect. 18. All elections for county, state and United States proceedings at officers, who are voted for by the people, shall be held at Xolc'e of county, meetings of the citizens qualified to vote in such elections m oncers "'^ federal the respective wards, at the time fixed by law for these elec- tions respectively ; and at such meetings, all the votes given for such officers respectively shall be sorted, counted, declar- ed and registered in open ward meetings, by causing the names of all persons voted for, and the number of votes given for each to be written in the wai'd record in words at length. The ward clerk shall forthwith deliver to the city clerk a cer- tified copy of the records of such election. The city clerk shall forthwith record such returns, and the mayor and alder- men shall, within two days after every such election, examine and compare all such returns, and make out a certificate of the result of such elections, to be signed by the mayor and a majority of the aldermen, and also by the city clerk, which shall be transmitted or delivered in the same manner as simi- lar returns are by law directed to be made by selectmen of towns. And in all elections for representatives to the general 400 1853. -Chap. 70. ProviJed, etc. court, in case the wliole number proposed to be elected shall not be chosen by a majority of the votes legally returned, the mayor and aldermen shall forthwith issue their warrant for a new election, conformably to the provisions of the constitu- tion and the laws of the commonwealth. List of voters. Sect. 19. Prior to every election, the mayor and alder- men shall make out lists of all the citizens of each ward, qualified to vote in such elections, in the manner in which se- lectmen of towns are required to make out lists of voters ; and, for that purpose, they shall have full access to the assess- ors' books and lists, and be entitled to the assistance of all assessors and city officers ; and they shall deliver the said lists, so prepared and corrected, to the clerks of the said wards, to be used at such elections ; and no person shall be entitled to vote whose name is not borne on such list. Provided, that any person Avhose name shall not be borne on the list of the ward in which he is entitled to vote, when it shall be placed in the hands of the clerk of said ward, shall have the right to have his name entered thereon at any time thereafter and be- ' fore the closing of the polls, upon presenting to the. ward officers a certificate signed by the mayor or city clerk by order of the board of aldermen, setting forth his right to have his name thus entered. Sect. 20. General meetings of the citizens qualified to vote may, from time to time, be held to consult upon the pub- lic good, to give instructions to their representatives, and to take all lawful measures to obtain redress for grievances, according to the rights secured to the people by the constitu- tion of this commonwealth. And such meetings may and shall be duly warned by the mayor and aldermen, upon the requisition of fifty qualified voters. Sect. 21, The city council shall have power to make all such salutary and needful by-laws, as towns by the laws of this commonwealth have poAver to make and establish, and to annex penalties, not exceeding twenty dollars, for the breach thereof; which by-laws shall take effect and be in force from and after the time therein respectively limited, without the sanction of any court or other authority whatever : provided, Proviaea, etc. howcver, that all laws and regulations now in force in the town of Lawrence shall, until they shall expire by their own limitation, or be revised or repealed by the city council, re- main in force, and all fines and forfeitures for the breach of any by-law or ordinance shall be paid into the city treasury. Fine.s for breach Sect. 22. All fiucs, forfeitures, and penalties, accruing for of by-laws-how |-]^e breach of any by-law of the city of Lawrence, or of any recovered. . . •^ of the ordinances of the city council, or of any of the orders Meeting of the citizens. City council may make by-laws, etc. 1853. Chap. 70. 401 of the mayor and aldermen, may be prosecuted for and recov- ered before the police court of the said city of Lawrence, by compliiint or information, in the same manner in which other criminal offences are now prosecuted before the police courts witliin tliis commonwealth; reserving, however, in all cases. Right of appeal, to tlie party complained of and prosecuted, the right of appeal to the court of common pleas, then next to be held in the county of Essex, from the judgment and sentence of the police court. And the appeal shall be allowed on the same terms, and the proceedings shall be conducted therein in the same manner, as provided in the one hundred and thirty-eighth chapter of the Revised Statutes of tliis commonwealth. And Complaint, how it shall be sufficient, in all such prosecutions, to set forth in the complaint the offence fully, plainly, substantially and formally ; and it shall not be necessary to set forth such by-law, ordi- nance or order, or any part thereof. All fines, forfeitures and Fines to be paid penalties, so recovered and paid, shall be paid to the treasurer ° *^' ^ of the city of Lawrence, and shall enure to such use as the said city council shall dhect. When any person, upon any persons refusing conviction, before the police court for any breach of any by- how'pmSshed. law of said city of Lawrence, or any of the ordinances of the city councillor any of the orders of the mayor and aldermen, shall be sentenced to pay a fine, or ordered to pay any penalty or forfeiture provided by any such by-law, ordinance or order, or, upon claiming an appeal, shall fail to recognize for his appearance at the court appealed to, and there to prosecute his appeal, and to abide the sentence or order of the court thereon, and in the mean time to keep the peace and be of good beha- vior, and upon not paying the fine, penalty, or forfeiture, and costs so assessed upon him, he shall be committed to prison, there to remain until he shall pay such fine, forfeiture or pen- alty, and cost, or be otherwise discharged, accordmg to law. The provisions of this section shall also apply to all prose- This section cutions founded on the by-laws or ordinances of the town of by-iaws. Lawrence, which may continue in force after this act shall go into operation, and all the powers of the police court already established shall be continued to it. Sect. 23. For the purpose of organizing the system of First organizatio , , , of city govern- government hereby established, and putting the same into ment. operation, in the first instance, the selectmen of the town of Lawrence for the time being shall, within thirty days after the acceptance of this act, issue their warrant, seven days at least previous to the day so appointed, for calling meetings of the said citizens, at such place and hour as they may deem expe- dient, for the purpose of choosing a warden, clerk and inspec- tors for each ward, and all other officers whose election is pro- 49* 402 1853. -Chap. 70. .Vny legal roter mar c^ the meetins to order Subsequent orsaikii&tiom. Annual town meeting SHSpended. etc. Proceedings in case of non- acceptance of this charter. Delivery of recorda. etc. .Tided for in the preceding sections of this act ; and the tran- scripts of the records of each ■ward specifying the votes for the several officers aforesaid, certified by the warden and clerk of each ward at such first meeting, shall be returned to the said selectmen, whose duty it shall be to examine and com- pare the same, and, in case said election should not be com- pleted at the first meeting, then to issue new warrants until such election shall be completed, and to give notice thereof, in the manner hereinbefore provided to the several persons elected. And at said first meeting, any inhabitant of said ward, being a legal voter, may call the citizens to order and preside until a warden shall have been chosen. And at said first meeting, a list of voters in each ward, prepared and corrected by the select- men for the time being, shall be deHvered to the clerk of each ward, when elected, to be used as hereinbefore provided. And the selectmen shall appoint such time for the first meet- ing of the city council as they may judge proper, after the choice of city officers as aforesaid, or a majority of the mem- bers of both branches, in the year one thousand eight hundred and fifty -three, and shall also fix upon the place and hour of the said first meeting, and a written notice thereof shall be sent by said selectmen to the place of abode of each of the city officers chosen as provided in this section. And after the first election of city officers, and this first meeting for the organization of the city council as in this sec- tion is provided, the day of holding the annual elections, and the day and hour for the meeting of the city council for the purpose of organization, shall remain as provided in the sixth section of this act. And it shall be the duty of the citj" coun- cil, immediately after the first organization, to elect all neces- • sary city officers, who shall hold their offices, respectively, until others are chosen and qualified. Sect. 24. The annual town meeting of the town of Law- rence, which by law is to be held in March or April, is here- by suspended, and all town officers now in office shall hold their places until this act shall take effect, and their successors are chosen and qualified. And in case this act shall not be accepted as hereinafter pro- vided, the selectmen shall issue their warrant according to law, for holding the annual town meeting of the inhabitants, in which all the proceedings shall be the same as if this act had not been passed. The warrant for calling the said town meet- ing shall be issued within seven days from the rejection of this act, provided the same shall not be accepted. Sect. 25. All officers of the town of Lawrence havinsf 1853. Chap. 70—71. 403 the care and custody of any records, papers, or muniments of property belonging to said to'o-n, shall deliver the same to the city clerk, within one week after his entering upon the duties of his office. Sect. 26, All such acts, and parts of acts, as are iaconsist- in«>nastent ent with the proWsions of this act, shall be, and the same are hereby repealed. Sect. '27. Nothing in this act contained shall be so con- Lerfsutme may strued as to prevent the legislature from altering or amending the same whenever they shall deem it expedient. Sect. 28. This act shall be void xmless the inhabitants of ^ej *<> ^ '^^i r T 11 • niri vmless adopted the town of Lawrence, at a legal meetmg called for that pur- by mhabitanta. pose, at which the selectmen shall preside and the check list be used in the same manner as at meetings called to choose state officers, and the polls kept open at least six hours, shall, by a vote of the majority of the voters present and voting thereon, yea or nay, by a written ballot, determine to adopt the same, within twenty days from and after its passage. Sect. 29. This act shall go into operation from and after its passage. [Approved by the Governor, March 21, 1853.] An Act to incorporate the Town of North ReadiEg. C/iCip. 71 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as foUou's : Sect. 1. All that portion of the town of Eeading, lying Part of Beading northerly of a line commencing at T^'ilmington, on Ipswich River ; thence down the thread of said river to Bear Meadow Brook ; thence southerly, up the thread of said brook to a stone monument at a maple stump ; thence in a straight line to a stone monument on Bear ^Sleadow Causeway ; thence eastwai-dly in a straight line, to a stone monument north of Tol- man's Island, then eastwardly in a straight Une to a stone mon- ument at the north west corner of Israel A. Parson's land ; thence southerly in a straight line to a stone monument on said Parson's land ; thence easterly, in a straight line to a stone monument at Lynnfield line ; is hereby incorporated into a town bv the name of North Readins: ; and the said town of Po^rrsaiKi North Reading is hereby vested with all the powers, privi- leges, rights and immunities, and made subject to all the du- ties and regulations, to which other to^wTis are entitled and subjected by the constitution and laws of this commonwealth. Sect. 2. ' The said towns of Reading and North Reading ^'^J^J^'ed. shall be respectively liable for the support of all persons who shall hereafter become paupers, whose legal settlement had been gained -within their respective limits at the time of the 404 1853. Chap. 71. passage of tliis act, or whose legal settlement was derived or gained from a settlement which had been gained or derived within their respective limits, at the time of the passage of this act, unless such persons so becoming paupers as aforesaid, shall have acquired a legal settlement in either of said towns since the ]3assage of this act ; in which event, the town in which such legal settlement has been so gained, shall be liable for their support upon their becoming paupers. Surplus revenue, Sect. 3. The town of North Readinff shall be entitled to how pro- - .~ , f -n T i-iici portioned, and reccivo irom the town oi Heading, one-third only of the surplus revenue of the United States, deposited with said last named town, by virtue of the laws of this commonwealth. And how be and shall pay to said town of Reading the one-third part there- of so received, whenever the town of Reading shall be called upon to repay said surplus revenue, deposited with said toAvn by authority of law, which right to receive and obligation to repay may be enforced by an action at law, in any court com- petent to try the same. J^orth Reading to Sect. 4. The towu of North Reading shall be holden to tion of debts and pay to the towii of Reading its proportion of all debts and liabil- sesaaspeci e . j^^-gg^ ^^^. ^^y\^{Q]^ ^y^q towii of Reading may be liable when this act takes effect, and shall be holden to pay all arrearages of taxes legally assessed upon its inhabitants, and also its propor- tion of all such state and county taxes as may be legally re- quired of said town of Reading, before the taking of the next state valuation. Said proportion of said debts and liabilities and said state and county taxes to be ascertained and deter- mined by the last decennial valuation of the town of Reading. And the town of North Reading is hereby authorized and re- quired to assess such proportion of the state and county taxes required to be raised by the town of Reading, determined and ascertained as aforesaid, upon the polls and estates of the in- habitants of said North Reading, and pay the same on demand to the said town of Reading. Tiiree disinter- Sect. 5. The towu of Readiiior, at the first meetinof of the ested persons to.^. „ V ini determine the inhabitants after the passage of this act, shall choose one dis- award to North • x o ^ ^ Keading for interested person ; and the town of North Reading, at the etc. *' " ^^^' fii'st meeting of the inhabitants after the passage of this act, another, and these two shall choose a third, as soon as may be, who shall constitute a board to hear both said towns, and de- termine the sum that shall be awarded to North Reading for the relinquishment of the name of Reading ; and to deter- mine the sum that shall be awarded to said North Reading in And to make a Consideration of its roads and bridges ; to make a division of prrpLrty°and the paupcrs between said towns, and a just and equitable paupers. division of all the property of said town of Reading, except 1853. Chap. 71. 405 the siiri)lus revenue of the United States deposited with said toAvu ; and to adjust all difFcrcnccs arising from the division of said town of Reading ; and the decision of said board, or a Decision of said majority of it, shall be final and binding on each of said towns. °°''^ o e na . And said board shall have power to divide any real estate or other property, except siiid surplus revenue, now owned by the town of Reading, between said towns of Reading and North Reading, in such proportions as they shall deem just, having regard to the polls and estates of the inhabitants of said towns ; and said board, or a majority of the members thereof, shall reduce their aAvard concerning the premises to writing, which Board to reduce shall be signed by the members making the same, and shall ^ruLg!'*'^*^ *° deliver a duplicate original of the same to the toAvn clerk of each of said towns, for the use of said towns ; and either of Either town may .J r ^•i • • I • t. r ■ 1 enforce provi- said towns may entorce the provisions and requirements oi said sions, etc. award, by an action at laAv or by a bill in equity before any of the courts of this commonwealth competent to try the same. And if either of said towns shall unreasonably neglect or re- fuse to appoint a disinterested person as a member of said board, as heretofore provided for, then and in that event, the other of said towns, who shall have appointed a member of said board as aforesaid, may apply to the court of common pleas, court of common at any term thereof, holden for the county of Middlesex ; giv- membe'r'o^f^saw * ing to the town so neglecting or refusing, seven days notice of ^^^^^'l in certain said application, to appoint one member of said board ; and said court shall appoint some disinterested person as a member of said board, who shall ha-^'e the same poAver and authority as if he had been appointed by either of said towns in the manner aforesaid. Sect. 6. The town of North Reading shall, — for the pur- Provisions for pose of electing a representative to the General Court, to representative, which the territory now comprised in the town of Reading is entitled at the present time, until the next decennial census, or until another apportionment of representatives be made, — remain a part of said toAvn of Reading ; and the inhabitants of stud town of North Reading shall vote for a person for representative, at the meetings when by law a representative ciui be elected, who may be an inhabitant of either of said towns ; and it shall be the duty of the selectmen of North Reading, to preside at such meetings, and receive and count the votes, — and a certificate of said votes shall be made by said selectmen and town clerk of said town of North Read- ing, and returned to the selectmen of the town of Reading, within forty-eight hours after the day of election, and the votes so returned shall be counted by the selectmen of Read- ing as a part of the votes of said town of Reading : — and if 406 1853.- -Chap. 71—72. First meeting, how called. no choice is tlius made of re2)resentative at the first day of election therefor, then it shall be the duty of the selectmen of both towns, to issue a warrant for another meeting of the inhabitants, for the choice of representative, whenever the selectmen of one of said towns may be required by law to issue such warrant, — and at such second meetings of the in- habitants of North Reading and Heading, the same proceedings are to be had, as to receiving, counting and certifying the votes for representative, as at said first meeting as aforesaid by both said towns. Sect. 7. Any justice of the peace for the county of ]Mid- dlesex is hereby authorized to issue his warrant to any prin- cipal inhabitant of the town of North Reading, requiring him to warn the inhabitants of said town, qualified to vote in elec- tions, to meet at the time and place therein appointed, for the purpose of choosing all such town officers, and the trans- action of such other business, as towns are by law authorized and required to choose or transact, at their annual meetings, by posting up attested copies of the warrant, in the same man- ner as town meetings are now called in the toAvn of Reading : and said justice, or said principal inhabitant in his absence, shall preside at said meeting, until a moderator is chosen. Sect. 8. This act shall take effect from and after its pas- sage. [Approved by the Governor, March 22, 1853.] Jurisdiction of certain lands in Tisbury ceded to United States. Chap, 72 -^^ ^^^ ^^ cede to the United States of America, Jurisdictiou over certain Lands in Tisbury. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The consent of this commonwealth is hereby granted to the United States of America, to purchase three several lots of land, (not exceeding one acre in each,) situate at the head of Holmes Hole Harbor, in the town of Tisbury, in the county of Dukes County, and commonwealth of Massa- chusetts, which have been or may be conveyed by Thomas Bradley, Thomas Barrows, Richard Luce and heirs of Leroy M. Yale, by George Dunham, and by Moses T. CromAvell ; for the purpose of erecting and maintaining a light -house on each of said lots ; the evidence of the said purchase to be en- tered and recorded in the registry of deeds in said county of Dukes County, and commonwealth aforesaid, and the juris- diction over each and every of said lots of land is hereby granted and ceded to the United States : provided, always, that the cession and consent aforesaid are granted upon the For the purpose of erecting light-houses. Provided, etc. 1853. Chap. 72—74. 407 express condition, that this commonwealth shall retain a con- current jurisdiction with the United States, in and over each and every of said lots of land, so far as that all civil and crim- inal processes as may issue, under the authority of this com- monwealth or any officer thereof, may be executed on any part of each and eveiy of said lots of land, or in any building erected thereon, in the same way and manner as though this cession and consent had not been made and granted. Sect. 2. The property over which jurisdiction is granted uabi« totaxation by this act, shall be exonerated and discharged from all taxes iuid assessments which may be laid or imposed, under the authority of this commonwealth, while the said premises shall be used for the purposes intended by this act. [Apj^roved hy the Governor, March 24, 1853.] An Act relating to the Stony Brook Railroad Corporation. CJlCW 73 Be it enacted hy the Senate and House of Representatives ^ in General Court assembled, and hy the authority of the same, as follows : The third section of "An Act in addition to an Act to Third section of establish the Stony Brook Railroad Corporation," is hereby revirea. revived, and said corporation may locate and construct the branch raih'oad mentioned in said act under the same restric- tions and with the same privileges as are prescribed in said third section ; and the time of location therein mentioned shall commence from the passage of this act. [Approved hy the Governor, March 24, 1853.] An Act altering the Times and Places of holding certain Probate Courts (Jlmv) 74 in the County of Barnstable. ^' Be it enacted hy the Senate and House of Representatives, in General Court assemhled, and hy the authority of the same, as follows : Instead of the Probate Court now provided to be held at Timea and places Harwich, in the county of Barnstable, on the last Monday of bate courts October, and at Brewster, in said county, on the Tuesday next ^ *°^*^ " following said last Monday of October, annually ; Probate Courts shall hereafter be held in said county as follows : — at Dennis, on the last Monday of October, and at Harwich, on the Tuesday next after the last Monday of October annually. [Ap2)roved hy the Governor, March 24, 1853.] 408 1853. Chap. 75—76. Chap. 75 ■A'^ Act concerning the Ware River Railroad. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Time for location Sect. 1. The time for locatinsf and Constructing the Ware River Raih-oad is hereby extended two years from the period fixed in the act of incorporation, passed May 24th, 1851. May contract Sect. 2. The Said Company is hereby authorized to lease corporations. its road to any adjoining raihoad corporation, or it may take a lease of any adjoining raihoad ; may unite and make joint stock with such corporation or corporations and any railroad corporation connecting with the road of this corporation, or in a continuous line indirectly connecting with it ; may guaranty payment of dividends on the whole or any part of the stock of this corporation, upon such terms and conditions as the directors of the contracting companies may agree upon, sub- Subject to ject to the approval of three-fourths in interest of the stock- three-fourths lioldcrs of tliis corporatiou, which may be present at a legal of stockholders. ,• n j i" ii_ j. meetmg called tor that purpose. New subscription Sect. 3. When this act shall have been accepted by said eopene . corporation, a uew subscription for the capital stock thereof shall be opened, and the persons holding the stock of said rormer Corporation, heretofore subscribed for, shall not be liable for stockholders not ■■■ ^ /••iii liable, etc. any assessments on the shares of said stock heretofore sub- scribed for, for any expenses hereafter incurred by said cor- poration in any manner. [Approved by the Governor, March 24, 1853.] Chap. 76 An Act to increase the Capital Stock of the New England Worsted Con)pany. 2?e it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Additional capi- Sect. 1. The New England Worsted Company in Fram- ingham are hereby authorized to increase their present capital stock, by an addition thereto, of two hundi"ed and fifty thou- sand dollars. Sect. 2. This bill shall take effect from and after its pas- sage. [Approved by the Governor, March 24, 1853.] tal of $250,000. 1853. Chap. 77—78. 409 An Act to incorporate the "Boston Steam Engine Company." Cho,V. 77 Jic it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Otis Tufts, Samuel Lawrence, Henry N. Hooper, corporators, their associates and successors, are hereby made a corporation, by the name of the Boston Steam Engme Company, for the purpose of manufacturing steam engines and other machinery, Purpose, and steam vessels, in the city of Boston and in the town of jNIalden, in the county of Middlesex ; and for this purpose shall have all the powers and privileges, and be subject to all the duties, restrictions and liabilities, set forth in the thirty-eighth and forty-fourth chapters of the Revised Statutes. Sect. 2. The capital stock of said corporation shall not capital not exceed one million dollars ; and the said corporation may hold $1,000,000. real estate not exceeding two hundred thousand dollars. Sect. 3. No shares in the capital stock of said company scares not to be shall be issued for a less sum or amount, to be actually paid in than par. on each, than the -pux value of the shares which shall be first issued. Sect. 4. Tliis act shall take effect from and after its pas- sage. [Ajtproved by the Governor, March 24, 1853.] An Act in addition to an Act for the more equal Assessment of Taxes. CJlCip. 78 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : For the purposes of taxation, it shall be the duty of all ^Xn^g^to make^" aqueduct corporations in this commonwealth, annually, be- annual return? . tween the first and tenth day of May, to make returns to the assessors of every city or town in the commonwealth, in which any shareholder in such corporation may reside, in the man- in same manner ner provided for the retm-ns of banks and other corporations, °'* ^''^' ^^'^' by the fu-st section of the ninety-eighth chapter of the statutes of the year one thousand eight hundred and forty -tlu'ee, and the tliree hundi'ed and eighth chapter of the statutes of the year one thousand eight hundi-ed and fifty ; which returns shall also contain a statement, according to the best knowledge and bchcf of the officer making such return, of the cash mar- Returns to state kct value of all shares named in such return ; and any aque- of shares. duct coi-poration which shall refuse or neglect to make such returns, or shall wilfully falsify the same, shall be liable to the Penalty for same penalties as are pi'ovided in section second, of chapter three hundred and eight, of the statutes of the year one thou- 50 410 1853.- -Chap. 78—80. Penalty for fraudulent transfer of shares. sand eight hiinch'ed and fifty ; and any shareholder who shall fraudulently transfer any share in any aqueduct corporation, for the purpose of avoiding taxation, shall be liable to the same penalties as are provided by the tliird section, of chapter ninety-eight, of the statutes of the year one thousand eight hundred and forty-three. [Ap^^roved by the Governor, March 24, 1853.] Ckq). 79 Name changed. Capital stock toj consist of 750 shares instead of 2,600 shares. Time extended for location. An Act in addition to an Act to incorporate the Providence and Bristol Railroad Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The corporation established by the name of the Providence and Bristol Raihoad Company shall hereafter be called and known by the name of the Providence, Warren and Bristol Raihoad Company. Sect. 2. The capital stock of said corporation shall consist of seven hundred and fifty shares, of one hundi-ed dollars each, instead of two thousand five hundred shares, of one hun- dred dollars each ; and all the provisions of the act to wliich this is in addition shall be applied to the amount of capital stock of said corporation by this act estabhshed. Sect. 3. The time within which the said corporation may locate their railroad by the act to which this act is in addition, and the act amending the same, is hereby extended fifteen months from and after the passage of this act. [Approved by the Governor, March 24, 1853.] Chap. 80 Capital stock increased. Provided, etc. May establish a workshop in Maiden. An Act to authorize the Boston Bagging Company to increase theii* Capital and extend their Works to the Town of Maiden. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The Boston Bagging Company, a corporation duly estabhshed, are hereby authorized to increase theh capital stock to an amount not exceeding one hundred and fifty thousand dollars : provided, that no shares in said capital stock shall be issued for a less sum or amount to be actually paid in on each, than the par value of the shares first issued. Sect. 2. The said corporation ai-e further authorized to establish a workshop, connected with theh business, in the town of INIalden, anytliing in the charter to the contrary not- withstanding. Sect. 3. This act shall take effect from and after its passage [Approved by the Governor, March 24, 1853.] 1853. Chap. 81—82. , 411 An Act to incorporate the Lawrence Duck Company. CJlCLp. 81 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Albert Fearing, Isaac Thacher, David Whiton, Corporators. their associates and successors, are hereby made a corporation, by the name of the Lawrence Duck Company, for the purpose Purpose. of manufacturing cotton duck in the town of Lawrence, in the county of Essex, with all the powers and privileges, and Powers, duties, subject to all the duties, restrictions, and liabilities, set forth in * ''' the tliirty-eighth and forty-fourth chajjters of the Revised Statutes. Sect. 2. The said corporation may hold real and personal '^^y hold real , ^ . n 1 f • -X estate not to estate necessary and convement tor the purposes aioresaid, not exceed ^300,000. exceeding in amount, three hundi'ed thousand dollars. Sect. 3. Xo shares in the capital stock of said corporation No shares to be shall be issued for a less sum in amount than the par value of '^^"^ "'^ ^^ ^" the shai-es which shall be first issued. Sect. 4. Tliis act shall take effect from and after its pas- ^ sage. [Approved by the Governor, March 24, 1853.] All Act to incorporate the Pocumtuck Hotel Company. Cliax) 82 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Luke Wright, Asa Stebbins, Hemy Stebbins and corporators. Edwin Ware, their associates and successors, are hereby made a corporation, by the name of the Pocumtuck Hotel Company ; for the purpose of erectmg, in the town of Deerfield, buildings ^"''^"j^"""®''' necessary and convenient for a public house ; with all the powers and privileges, and subject to all the duties, liabilities Powers, etc. and restrictions, set forth in the forty-fourth chapter of the Revised Statutes. Sect. 2. The said corporation may hold such real and ^^^y hold real , , •*■ 1 • f 1 ^°*i personal personal estate as may be necessaiy and convenient lor the pur- estate. pose aforesaid, not exceeding in amount twenty thousand dol- lars ; provided, that no shares in the capital stock of the said No shares issued corporation shall be issued for a less amount, to be actually ^^^ ^^v^^- paid in on each, than the par value of the shares wliich shall be first issued. Sect. 3. If any ardent spirits, or intoxicatinof diinks of No intoxicating 1-1 1 1 11 1 1 /• 11 111 -1 dnnks to be sold. any kind whatever, shall be unlawiully sold by" said company, or by their agents, lessees or persons in their employ, in any of the said buildings, then this act shall be void. [Approved by the Governor, March 24, 1853.] 412 1853. -Chap. 83—85. Chap. 83 An Act to incorporate the Young Men's Association of Lee. 5e it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. Alexander Hyde, Z. N. Lewis, Amory Gale, F. Sturgis, their associates and successors, are hereby made a corjioration, by the name of the Young Men's Association of Purpose, etc. Lcc, in the county of Berkshire, for the purpose of improving the moral and intellecj:ual condition of the young men of said town, by means of a library, reading room, and lectures, mth all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth in the forty-fourth chapter of the Revised Statutes. Capital $25,000. Sect. 3. Said Corporation may hold real and personal estate, to an amount not exceeding twenty-five thousand dollars. [Ajjprovcd by the Governor, March 24, 1853.] Chap. 84 Provincetown. Right of wharfage, etc. Proviso. An Act to authorize Reuben C. Case to build a Wharf. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Reuben C. Case is hereby authorized to build and maintain a wharf from his land, into the harbor of Provincetown, and to extend the same to the depth of nine feet of water at low tide ; and shall have the right to lay vessels at the side and end of said wharf, and receive wharfage and dockage therefor ; provided, this act shall not, in any manner, interfere with the legal rights of any person. [Approved by the Governor, March 24, 1853.] ChciV. 85 -^^^ ^^^ ^^ authorize Gilbert Smith and others, to build a Wharf at ^ ' Harwich. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : May build wharf Gilbert Smith, Nathaniel Robbins, Theophilus Burgess and usuafp^ivUeges. their associatcs are hereby authorized to build and maintain a pile wharf, from the premises of Theophilus Burgess, at Har- wich-port, in the town of Harwich, and to extend said wharf six hundred feet into the sea ; and shall ha^'e the right to lay vessels at the sides and end thereof, and receive wharfage and Provided, etc. dockage thcrefor ; provided, that the same shall not obstruct the safe anchorage of vessels in the harbor, and shall not im- pair the legal rights of any person. [Approved by the Gov- ernor, March 24, 1853.] 1853. Chap. 86—88. 413 An Act to cliange the Name of the Bristol County Coal Mining Compa- CJuW. 86 ny ; and for other purposes. ^' Be it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folio IV s : Sect. 1. The Bristol County Coal Mining Company may Name changed. take the name of the INIassachusetts Coal and Mining Com- pany. Sect. 2. The said corporation may extend their mining May extend ,.,, ■•■ ^ • ^ ' ^ • operations into operations, wmch they are now authorized to prosecute within roxborough. the town of ]Mansfield only, into the town of Foxborough. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor, March 24, 1853.] An Act to change the Name of the Third Congregational Society in Chcip. 87 Chelsea. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : The Third Congregational Society in Chelsea, organized Name changed. under the general law passed on the twenty -third day of Octo- ber, eighteen hundred and forty, shall, from and after the passage of this act, be called and known by the name of the First Unitarian Society m Chelsea. [Approved by the Gover- nor, March 24, 1853.] An Act to establish the Wrentham Branch Railroad. Chcip. 88 Be it enacted by the Senate and Home of Representatives, in General Court assembled, and by the authority of the same, as folloivs : Sect. 1. Jason H. Archer, Daniel A. Cook, Hii-am B. corporators. Fisher, their associates and successors, are hereby made a coi'- poration, by the name of the Wrentham Branch Raih-oad Cor- poration, with all the powers and privileges, and subject to all ua^j^ft^j^f ete.^' the duties, liabilities, and restrictions, set forth in the forty- fourth chapter of the Revised Statutes, and in that part of the thirty-ninth chapter thereof relating to railroad corporations ; and all other general laws which have been, or shall hereafter be, passed, relative to railroad corporations. Sect. 2. Said corporation is hereby authorized and empow- Location. crcd to locate, construct, and maintain a railroad, with one or more tracks from some convenient point on the Norfolk County Railroad, in Wrentham, to some convenient point near the central village in Wrentham ; and to enter with theii* raikoad, May enter upon 414 ' 1853. Chap. 88—89. xorfoik Count ^y proper turnouts and switches, upon tlie Norfolk County RaUroad. Railroad, at the point aforesaid, and to use the same, or any pait thereof, according to, the provisions of law. Capital stock not Sec'T. 3. The Capital stock of said corporation shall not shares at $100 cxcccd tlircc hundred and fifty shares, the number of which per share. gJiall be determined from time to time by the directors of said^ corporation, and no assessment shall be laid thereon of a greater amount, in the whole, than one hundred dollars on each share, May hold and the said corporation may purchase and hold such real estate as may be necessary for the purposes of their incorpo- ration. To be located in Sect. 4. If tlic locatioii of tliis road be not filed within stru'cted in two ycars, and if said railroad be not constructed within three ree years. jQ^ys from the passagc of this act, then this act shall be void. May dispose of Sect. 5. Said Corporation is hereby authorized to dispose all rights, etc Qf their franchise, and all their ris^hts under this act, to the under this act to ' , o ' Norfolk County Norfolk Couuty Railroad Company, on such terms as shall be Company. agreed upon by said corporations respectively ; and if said Wrentham Branch Railroad Corporation shall thus transfer its franchise and rights to the Norfolk County Railroad Company, the said Norfolk County Railroad are hereby authorized to increase their capital stock by the sum of thirty -five thousand dollars. Sect. 6. This act shall take effect from and after its pas- sage. [Ajjproved by the Governor, March 24, 1852.] C/l(l7) 89 -^^ ^^^ ^'^ authorize the First Congregational Parish in Abington to •^ ■ sell Real Estate. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Authority to sell Sect. 1. The First Congregational Parish in Abington is and convey land, hereby authorized to sell and convey by deed, a piece of pai"- sonage land situated in said town, near the dwelling house of Noah Reed and bounded by the land of said Reed, the land of James Whitmarsh and by the new road, — containing about twelve rods. Parish committee Sect. 2. The Said paxish may, at any legal meeting called for that purpose, choose a committee to make sale of said land, in such way and manner, as shall best promote the interest of said parish ; — and the committee thus chosen shall have authority to execute and deliver deeds accordingly. Process of sale— Sect. 3. The procccds of the sale of said land shall be how applied. applied to the repairing or improvement of the jjarsonage estate. Sect. 4. This act shall take effect from and after its j)as- sage. [Approved by the Governor, March 24, 1853.] to execute and deliver deed 1853. Chap. 90—92. 415 An Acrfor the more speedy Trial of Actions at Law. Chctf). 90 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Every action at law, complaint, petition and pro- ^hic°h have' been cess, between party and party, wliich shall have been entered „? co^^'^^^^p"/^ in the Court of Common Pleas, and removed therefrom to the etc. Supreme Judicial Court, by bill of exceptions, appeal iipon questions of laAV, or report, shall, when remanded by that court to the Court of Common Pleas for further proceedings, shau, when take the same place in the order of business in said court, and ^'^^^^ « , e . have day therein, with precedence, in the same manner, as if the same action, petition, complaint or process had not been so removed. Sect. 2. Tliis act shall take effect from and after its pas- sage. [Approved by the Governor, March 24, 1853.] An Act to incorporate the Boston French Institute. C/lClp 91 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows^ Hubbard Winslow, Joseph Hale Abbott of Boston, James corporators. Lloyd Oliver of Brookline, Duncan Bradford of Charlestown, Charles Carroll of Cambridge, theu* associates and successors, are hereby made a corporation, by the name of the Boston French Institute, for the purpose of providing regular lectures. Purpose. a reading-room, and a Hbrary, all in the French language ; to have all the powers and privileges, and be subject to all the ^"^^f ^'^'^ duties, restrictions, and liabilities, set forth in the forty -fourth chapter of the Ptevised Statutes : with power also to hold real Real and personal A f, ^ 1 111 estate to amount and personal estate to the amount oi twenty -live thousand doi- of $25,000. lai-s. [Approved by the Governor, March 24, 1853.] An Act to incorporate the American Linen Company. CJlCl'D 92 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Richard Borden, Jefferson Borden, David An- corporators. thony, their associates and successors, are hereby made a cor- poration, by the name of the American Linen Company, for the purpose of manufacturing linen goods in the town of Fall River, in the county of Bristol ; and for this purpose shall powers, duties, have all the powers and privileges, and be subject to all the duties, restrictions, and liabihties, set forth in the thuty-eighth and fort^^-fourth chapters of the Revised Statutes. 416 1853. -Chap. 92—94. Shares not to be issued less than par. Former act repealed. May hold real Sect. 2. The Said Corporation may hold real and personal estateToTmount estate nccessary and convenient for the purposes aforesaid, not of»500,ooo. exceedinsr in amount five hundred thousand dollars. Sec. 3. No shares in the capital stock of said company shall be issued for a less sum or amount to be actually paid in on each, than the par value of the shares which shall be first issued. Sect. 4. The fifty-seventh chapter of the acts passed in the year one thousand eight hundred and fifty-two, authorizing the organization of the American Linen Manufacturing Com- pany under the provisions of the one hvmdred and thirty -third chapter of the acts of the year one thousand eight hundi'ed and fifty-one, entitled '' An Act relating to Joint Stock Compan- ies," is hereby repealed ; but nothing herein contained shall impau' or affect the validity of any sale or conveyance of property which may have been heretofore made to the said American Linen Manufacturing Company. Sect. 5. This act shall take effect from and after its pas- sage. [Aj)proved by the Governor, March 24, 1853.] Chap. 93 Judge of probate for Suffolk Co. may commit lunatics in certain cases. Provided, etc. An Act concerning Lunatics Furiously Mad. Be it enacted by the Senate and Mouse of Representatives, in General Court assembled, and by the authority of the same, as follows : At any time, when the Municipal Court, of the city of Bos- ton, is not in session, the judge of probate, in the county of Suffolk may take jurisdiction of lunatics, furiously mad, in either of the towns of Chelsea, North Chelsea, and Winthrop, in the county of Suffolk, and commit any such lunatic to the State Lunatic Hospital, at Worcester, any thing in the sixth section of the forty-eighth chapter of the Revised Statutes, to the contrary notwithstanding : provided, that no lunatic from either of said towns shall be committed to said hospital, by said judge of probate, until after the selectmen of the town from which said lunatic is to be removed are notified that they may be heard upon the subject. [Approved by the Gov- ernor, March 24, 1853.] Cha^y. 94 Corporators. An Act to incorporate the Dunnell Manufacturing Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Jacob Dumiell, Nathaniel W. Brown, and Thomas L. Dunnell, their associates and successors, are here- 1853. Chap. 94—96. 417 by made a corporation, by the name of the Dunnell Manufac- tm-ing- Company, for the pnrj^osc of manufacturing, dyeing, Purpose, bleaching and printing all kinds of textile ftibrics, in the town of Pawtucket, in the county of Bristol ; and for this purpose Powers, duties, shall have all the powers and j)rivileges, and be subject to all the duties, restrictions, and liabilities, set forth in the thirty- eighth and forty-fourth chapters of the Re\'ised Statutes. Sect. 2. Said corporation may hold real and personal *i*y ^^^^ ^^^ -, . n 1 z' • 1 ^^'^ personal estate necessary and convenient lor the purposes aforesaid, not estate to amount exceeding in value the sum of five hundred thousand dollars. ' Sect. 3. No shares in the capital stock of said corporation No shares to be shall be issued for a less sum in amount, than the par value par. of the shsu-es which shall be first issued. [Approved by the Governor, March 24, 1853.] An Act in addition to an Act entitled "An Act concerning Alewives in C/lttV. 95 Herring River, in the Town of Sandwich." JBe it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : If any person or persons shall take any of the fish, named Liable to fine or . , *^ -^ . •ITT • T-> • 1 T • 1 • 1 imprisonment m said act, in said Jlerring Kiver, or the ponds m which for fishing • Tf>i iii' j_ J.' • 1 Otherwise than said fish, cast tlieir spawn, at any time or m any place or man- as allowed by ner, other than shall be allowed by the selectmen of said ^e^«<=*™*^'^- town of Sandwich, each person so offending shall, for each and every such offence, on conviction thereof, before any jus- tice of the peace, in the county of Barnstable, pay a fine not exceeding twenty dollars and not less than one dollar, or shall be imprisoned in the county jail of said county, for a time not exceeding sixty days, at the discretion of the justice before whom the trial may be had. [Approved by the Governor, March 26, 1853.] An Act to incorporate the Young Men's Librai^ Association ofWorcester. Chctp. 96 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Francis H. Dewey, George W. Bentley, George corporators. F. Hoar, Nathaniel Paine, Henry Woodward, their associates and successors, are hereby made a corporation, by the name of the \ oung !Mcn's Libraiy Association, of Worcester, for the purpose of diffusing and promoting knowledge among the in- Purpose. habitimts of the city of Worcester ; with all the powers and ,^°^«"' •i"'^*^' privileges, and subject to all the duties, restrictions and liabil- 418 1853. -Chap. 96—98. May hnia real and personal estate not ex- ceeding $50,000. All investments of funds to be made by trustees Transfer of library to be by a vote of the corporation. Board of direc- tors to have management. Persons eligible. ities, set fortli in the forty-fouitli chapter of the Revised Statutes. Sect. 2, The said corporation may hold real and personal estate, for the purposes aforesaid, not exceeding in all, the value of fifty thousand dollars, the legal title of which shall be in five tru&tees, to be chosen by the corporation. Sect. 3. All investments of the funds of the corporation, in real estate, or other securities at interest, shall be made by the said trustees, and shall be subject to their control and dis- position ; but no sale or transfer of the Library shall be made except by the authority of a vote of the corporation. Sect. 4. The disposition of the income, and the general affairs of the corporation, shall be subject to the care and management of the board of directors. Sect. 5. All male inhabitants of Worcester, above the age of fourteen years, shall be eligible as members of the corpora- tion, and entitled to vote, and to act as officers thereof, excepting that no person under twenty-one years of age shall be a trustee. Sect. 6. Tliis act shall take effect from and after its pas- sage. [Approved by the Governor, March 26, 1853.] Chap. 97 Part of former act repealed. An Act relating to the Patucket Canal. Be it enacted by the Senate and House of Representatives , in General Court assembled, and by the authority of the same, as follows : So much of an act, entitled " An Act to regulate the Toll on Patucket Canal," passed in the year one thousand eight hundred and thii'ty-five, as provides for the construction and maintenance of a tow path from the Suffolk or Western Canal to the head of the Patucket Canal, is hereby repealed. [Ap- proved by the Governor, March 26, 1853.] Chap. 98 Corporators. Purpose. Powers, duties, etc. An Act to incorporate the Pemberton Mill. Se it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. J. Pickering Putnam, John Amory Lowell, and Homer Bartlett, and their associates and successors, are here- by made a corporation, by the name of the Pemberton INIill, for the purpose of manufacturing cotton, woolen, linen, and silk cloth and yarn, in the town of Lawrence, in the county of Essex ; and for this purpose shall have all the powers and privileges, and be subject to all the duties, restrictions and lia- bilities, set forth in the thhty-eighth and forty-fourth chapters of the Revised Statutes. 1853. Chap. 98—101. 419 Sect. 2. The said corporation may hold, for the purposes Stetlf amount aforesaid, real estate to the amount of two hundred and fifty of!i25o,ooo,and ' ^, ,, ., Ti«*j whole capital not thousand dollars ; and the whole capital stock or said, corpora- to exceed tion shall not exceed five hundi-ed thousand dollars ; and no shares of said corporation shall be issued for a less sum or No shares issued amount, to be actually paid in on each, than the par value of par value. the shares which shall be fixst issued. [Approved by the Gov- ernor, March 26, 1853.] An Act to authorize Ziba Eldridge and others to build a Wharf. Chap. 99 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Ziba Eldridsre and liis associates are hereby authorized to ^"harfin ^ * , Orleans. build and maintain a wharf, from the land of said Ziba Eld- ridge, adjoining the harbor of Pleasant Bay, in the town of Orleans, and to extend the same to eight feet of water at low pj^jj^ ^f tide ; and to lay vessels at the end and sides of said wharf; wharfage, etc. and to receive wharfage and dockage therefor : provided, that Provided. this act shall in no wise impair the legal right of any person. [Approved by the Governor, March 29, 1853.] An Act authorizing the Mattapan Iron Works to establish a Work-Shop fihnjr) 1 QQ in the Town of Maiden. J- Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The Mattapan Iron Works, a corporation organ- May establish ^ , ' . -T "-"a work-shop ized under the one hundred and thiity -third chapter of the in Maiden, acts of the year one thousand eight hundi-ed and fifty-one, en- titled " An Act relating to Joint Stock Companies," are here- by authorized to establish a work-shop in the town of Maiden, for pui'poses connected with their business ; anytliing in said act, or in the action of said corporation under it, to the con- traiy notwithstanding. Sect. 2. This act shall take effect from and after its pas- sage. [Approved by the Governor, March 29, 1853.] An Act to authorize Timothy P. Johnson and Samuel S. Smith to build (J/uin \01 a Wharf. • ^ ' Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Timothy P. Johnson and Samuel S. Smith are hereby au- wharf in thorized to build and maintain a wharf from their land adjoin- Pr^^^cetown. 420 1853. -Chap. 101—103. Right of wharfage, etc. Provided. Ing tlie harbor of Provincetown, and to extend the same to six feet of water at low tide, and to lay vessels at said wliarf, and receive dockage and wharfage therefor: provided, that this grant shall in no wise impair the legal rights of any person. [Approved by the Governor, March 29, 1853.] Chap. 102 Fire department in Grafton. Duties, powers, etc. An Act to establish a Fire Department in the Town of Grafton. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. A Fire Department is hereby established in the town of Grafton, subject to all the duties and liabilities, and with all the powers and privileges, set forth and contained in an act, entitled, "An Act to regulate Fire Departments," passed on the ninth day of April, one thousand eight hundi-ed and thirty-nine. Sect. 2. This act shall take effect from and after its pas- sage. [Approved by the Governor, March 29 1853.] Chap. 103 Corporators. Purpose. Powers, duties, etc. May hold real estate not to exceed $100,000. No shares to be issued under par. An Act to incorporate the Boston Boh and Machine Compan}\ Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. S. R. M. Holbrook, N. A. Barrett, J. P. Bradlee, their associates and successors, are hereby made a corporation, by the name of the Boston Bolt and INIacliine Company, for the purpose of manufacturing bolts and machinery, at East Cambridge, in the city of Cambridge, in the county of ]\Iid- dlesex ; with all the powers and privileges, and subject to all the duties, restrictions, and liabilities, set forth in the tliirty- eighth and forty-fourth chapters of the Revised Statutes. Sect. 2. The said corporation, may hold real and personal estate, necessary and convenient for the pui-poses aforesaid, not exceeding in amount, one hundi'ed thousand dollars. Sect. 3. No shares in the capital stock of said corporation, shall be issued for a less sum or amount than the par value of the shares which shall be first issued. Sect. 4. This act shall take eflfect from and after its pas- [Approved by the Governor, March 29, 1853.] 1853. Chap. 104—106. 421 An Act to incorporate the Worcester Insurance Company. Char). 104 Be it enacted by the Senate a7id House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Charles Washburn, Francis H. Dewey, and William corporators. M. Bickford, their associates and successors, are hereby made a corporation, by the name of the Worcester Insurance Com- pany, in the city of Worcester, for the term of twenty years Twenty years. from the passage of this act ; for the purpose of making in- Purpose, surance against maiitime losses, and against losses by fire ; with all the powers and privileges, and subject to all the duties, Powers, duties, liabilities and restrictions, set forth in the thirty-seventh and forty-fourth chapters of the Revised Statutes, and all other general laws which are now or may hereafter be in force ap- plicable to stock insurance companies. Sect 2. The said corporation shall have a capital stock of ?fP|^' ^V'sioo one hundi'ed thousand dollars, divided into shares of one hun- each with liberty dred dollars each ; with liberty to pay in and increase the same to any amount not exceeding two hundred thousand dollars ; and mav hold real estate for its use, not exceeding twenty ^''*ie8ti;*?»o* to •' ' c> J exceed $20,000. thousand dollars. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor, March 29, 1853.] An Act to authorize N. J. Knight and others to drive Piles in Pamet ChttV. 105 Harbor, in Truro. ■^' Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : N. J. Knight, B. A. Baker and Amasa Paine, are hereby May drive piles authorized, under the direction and with the consent of the ^ *^°'^^'^ ' * *^' selectmen of the town of Truro, for the time being, to diive piles in Pamet Hai-bor, in said town, for the purpose of im- proving said harbor : provided, this act shall in no wise impair Proviso. the legal rights of any person. [Approved by the Governor, March 29, 1853.] An Act to change the Corporate Name of the Proprietors of the Westerly O/idp, 106 Meeting-house in Scituate. -^ Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as foUoivs : The proprietors of the AVesterly Meeting-house in Scituate, Name changed, incorporated the twenty-eighth day of Februaiy, in the year 61 zlOO 1853. -Chap. 106—109. one thousand eight hundred and twenty-eight, shall, from and after the passing of this act, be called and kno-vrn by the name of the Proprietors of the First Universahst Meeting-house in South Scituate. [Approved by the Governor, March 29, 1853.] C/iap. 107 May increase capital stock. ProTided, etc. An Act ill addition to an Act incorporating the Boston Theatre. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : The Boston Theatre, incorporated May twentieth, in the year eighteen hundred and fifty -two, is hereby authorized to pay in, and increase their capital stock, by an amount not ex- ceeding one hundred thousand dollars: provided, that no shares in such capital stock shall be issued for a less sum, or amount to be paid in on each, than the par value of the shares that shall be first issued. [Ajjproved by the Governor, March 29, 1853.] Chat) 108 ^^ -^^^ ^" addition to an Act to incorporate the Beverly Insurance Com- ^ ■ pany Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : The Beverly Insurance Company, incorported by an act passed on the thirtieth day of March, in the year one thousand eight hundred and fifty-two, is hereby authorized to make in- sui'ance on vessels, their furniture and tackle, agamst losses by fire : provided the capital stock of the said company shall first be increased and j)aid in, to the amount of fifty thousand dollars. [Approved by the Governor, March 29, 1853.] May take maritime risks. ProTided. Chap. 109 Corporators. Purpose. Duties, restrictions, etc. An Act to incorporate the Hampden Mills. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folloios : Sect. 1. Patrick T. Jackson, C. W. Blanchard, C. W. Loring, P. C. Loring, theii' associates and successors, are here- by made a corporation, by the name of the Hampden Mills, for the purpose of manufacturing cotton, woolen, silk and linen goods, or any of them, in the town of Holyoke, in the county of Hampden, with all the powers and privileges, and subject to all the duties, restrictions and liabihties, set forth in the tliiity-eighth and forty-fourth chapters of the Eevised Statutes. 1853. Chap. 109—111. 423 Sect. 2. The said coriDoration may hold real and personal ^g^^^^ Mttcf °'^'^^ estate, necessary and convenient for the purpose aforesaid, not exceed s300,ooo. exceeding in amount three hundi'ed thousand dollars. Sect. 3. No shares in the capital stock of said corporation no shares to be shall be issued for a less sum in amount, than the par value paT'^ ^^'^ ^^^^ of the shares which shall first be issued. Sect. 4. Tliis act shall take effect from and after its pas- sage. [Approved hy the Governor March 29, 1853.] An Act to authorize the Fh-st Religious Society in Carlisle to sell Real Clld'p. 110 Estate. J5e it enacted by the Senate and House of Representatives, in General Court assembled, and. by the authority of the same, 4 18o( -Chap. 112—113. Chip. 112 Corporators. Marine railway in Fairhavlii. Duties, liabilities, etc. Real and personal estate not to exceed S7.000. No share less than par. Shall not impair legal rights. An Act to incorporate theFairhaven Granite ^Vharf Mai-ine Railway. 5e it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same. OS follows : Sect. 1. James Tripp 2iid, Lemuel C. Tripp, Henry H. Taber, their associates and successors, are hereby made a corpo- ration, by the name of the Granite "N^Tiarf ]Marine Railway, for the pui'pose of constructing and maintaining a railway suitable for repairing vessels, at Faiihaven, with all the powers and privileges, and subject to all the duties, liabilities and restric- tions, set forth in the forty-foiu'th chapter of the Revised Statutes. Sect. 2. The said corporation may hold real and personal estate necessary for the purpose aforesaid, not exceeding in amount, seven thousand dollars, in such sums as may be con venient. Sect. 3. Xo shares in said corporation shall be issued for a less sum or amount to be actually paid in on each, than the par value thereof when first issued. Sect. 4. This act shall in no wise impair the legal rights of any person. [Approved by the Governor, March 29, 1853.] BuoTs to be placed and maintained. Chap. 113 An Act in addition to an Act to incorporate the Proprietors of Merrimack Bridge. He it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. For the more convenient passage of vessels through the di-aw or passage-way of the ]Meriimack Bridge, over the Merrimack River, between the towns of Haverhill and West Xewbury, authorized by an act to which this is an addition, the proprietors of said bridge shall cause to be placed, at a suitable distance above and below said di'aw, a buoy, and shall maintain the same, so long as the bridge shall be maintained ; said buoys to be in the direction of the cur- rent and in a line with the middle of the draw, and to be of such size that a large portion of each shall at all times be above the water ; each buoy to be provided with one or more good and sufficient rings, properly secured, for the purpose of fastening vessels thereto, and to be moored with a chain to a rock or rocks, of at least four tons weight. Sect. 2. So much of the act, passed April foiu-th, one thousand eight hundred and forty -nine, as requires floating Size'of buoy. How secured. Part of former act repealed. 1853. Chap. 113—114. 425 spars to be placed and maintained above and below said di'aw, is hereby repealed. Sect. 3.. This act shall take effect from and after its pas- sage. [Aj)]jroved by the Governor, March 29, 1853.] An Act to incorporate the Town of Nahant. Chci'l) 114 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. That portion of the city of Lynn Ijing southerly Line of separation of a hne commencing upon the Long Beach leading to Xahant at the sign-post Tvhich gives the length of said beach, thence running westerly in a straight Hne at right angles 'with the course of said beach southerly from said sign-post, to low water mark, and riuining easterly from said sign-post in a straight line at right angles with the course of said beach as aforesaid to low water mark, is hereby incorporated into a town by the name of Xahant ; and the inhabitants of said town of Xahant are hereby invested "v^ith all the powers and privileges, and shall be subjected to the duties and requisitions of other incor- porated towns, according to the constitution and laws of the commonwealth. Sect. 2. The inhabitants of said town of Xahant shall be To pay tnxes holden to pay all arrears of taxes which have been assessed upon them by the city of L}Tm, before the passing of this act, and also their proportion of all county and state taxes that may be assessed upon said city pre\iously to the taking of the next state valuation, said proportion to be ascertaraed and de- termined by the last valuation of said city of LjTm, exclusive of the valuation upon that portion of territory which now com- prises the town of Swampscot ; and said to'mi of Nahant shall be holden to pay thek proportion of the debts due and o^ing p^y their propor- at the time of the passage of this act from the city of Lynn, *g°gi^g propo^** and be entitled to receive of the city of LjTin their proportion tion of property, of all the corporate property now owned by said city of Lynn, such proportion to be ascertained and determined by the last valuation of said city of Lpm, exclusive of the valuation of Swampscot as aforesaid. Sect. 3. Said city of L}Tm and town of Nahant shall be Paupers, how resjDectively liable for the support of all persons who now do or hereafter shall stand in need of relief as paupers, whose settlement was gained or derived from a settlement gained or deri^■ed within then* respective limits. Sect. 4. Incase said city of Lynn and town of Nahant if Lynn and ...-. . ^..."^^ . Kahant disagree, shall disagree ui respect to a division of paupers, city property, the court of • ^ ^ ^ ° T ^ . c common pleas City debts, or state and county taxes, the couit oi common may appoint three persons. 456 ISoi -Chap. 114—115. JTahant to rote with Lvnn for repneieritatiTes. First meenng, hc-B- called. pleas for the county of Essex are hereby authorized to, and shall, on appHcation of said city of Lynn, or of said to\ni of Xahant, appoint three disinterested persons to hear the parties and a^vrard thereon ; -which award, -when accepted by said court, shall be final. Sect. 5. The to-vra of Xahant shall, for the purpose of electinsr representatives to the general court to "which the ter- ritory comprised in the city of Lynn is now entitled, until another apportionment of representatives be made, remain a part of the said city of Lynn. And the inhabitants of said Xahant shall vote for the number of representatives which the city authorities of Lynn may decide shall be elected annually in town meeting. And it shall be the duty of the selectmen of said Xahant to preside at said town-meeting, and receive the votes ; and the certificate thereof shall be made by the selectmen and certified by the town clerk of said Xahant, whose duty it shall be to make return thereof to the mayor and aldermen of the said city of Lynn, within forty-eight hours of the day of voting ; and the votes so returned shall be counted by the said mayor and aldermen as a part of the vote of the said city of Lynn. Sect. 6. Any justice of the peace in the county of Essex is hereby authorized to issue his warrant to any principal in- habitant of the town of Xahant, requiring him to warn the inhabitants of the town of Xahant to meet at the time and place therein appointed, for the purpose of choosing all such town officers as towns are by law authorized and required to choose at their annual meetings. Sect. T. This act shall take effect from and after its passage. [Approved by the Governor, March 29, 1853.] CTlUp. 115 -^ii -^ct to confirm certain Acts done by Freeman Walker as Justice of tbe Peace. Be it enacted by the Seriate and Souse of Representatives, in General Court assembled, and by the authority of the same, as follows : Certain acts con- firmed aad made valid. Sect. 1. All acts done by Freeman Walker of Xorth Brookfield, m the county of TVorcester, as a justice of the peace within and for said county of Worcester, — between the twenty-sixth day of August, in the year eighteen hundred and fifty-two, and the first dav of March eighteen hundred and fifty -three, — ^be and they hereby are made vahd and confirmed, to the same extent as they would have been, had he been dur- ing that interval duly commissioned and qualified to discharge the duties of the said office. Sect. 2. This act shall take effect from and after its pas- sage. [Approved by the Governor, March 29, 1853.] 1853. Chap. 116—118. 427 An Act in addition to the several Acts for the Relief of Insolvent ChciiJ. 116 Debtors, and the more Equal Distribution of their Effects. -* * Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folio u-s : In any case pending under the acts to "whicli tHs is in ad- dition, whenever any creditor who shall have proved his claim shall so request in writing, filed with the commissioner before whom the proceedinsrs shall be, — such commissioner shall re- Assignee requfr- quire an assignee to give good and sumcient bond tor the faithful perfonnance and discharge of his duty, to be approved by such commissioner, and filed, and to enure for the purposes, and to be enforced, as already provided in respect to bonds to such commissioners, in the eleventh section of the one hundred and seventy-eighth chapter of the acts of the year eighteen hundred and forty-four. And if such assi^ee shall fail to :f ?d ^ case of I&i1t1P6 to C€ give such bonds, within such time as the commissioner shall removed. order, not exceeding ten days after notice to him from such commissioner of such requirement, it shall be the duty of such commissioner to remove such assignee, and to appoint another in his place, who shall have all the like powers of an assignee of the estate, as the person so removed might have had, had he continued assignee. [Approved by the Governor, April 1, 1853.] An Act concerning the Walpole Reservoir Company. L/idJ), 11 < Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as foUoivs : Sect. 1. The ^'alpole Reservoir Company are hereby au- ^^^[^5^^ thorized to increase their capital stock, by the additional sum S'^""^- *^^^*^^ of eight thousand dollars ; the whole capital stock of said com- S20,'>xi. pany not to exceed twenty thousand dollars. Sect. 2. An act in addition to an act to incorporate the termer act >> alpole Reservoir Company, passed on the twentieth day of April in the year one thousand eight hundred and forty-seven, is hereby repealed. Sect. 3. This act shall take effect from and after its passage. [Approved by the Governor, April 1, 1853.] An Act to incorporate the Waltham Gas Light Company. CllCtp. 118 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Reuben P. Davis, Jonas H. Priest, Horatio corporatou. Adams, and Ebenr. Hobbs, their associates and successors, are 428 1853.- -Chap. 118—119. Powers, etc. Real estate not to exceed $100,000. Whole capital not to exceed §150,000. May open ground, lay pipes, etc. Shall put the same in repair. Provided. No shares issued less than par. hereby made a corporation, by tlie name of the "VValtham Gas Light Company for the purpose of manufacturmg and seUing gas in the town of "Waltham, with all the powers and privi- leges, and subject to all the duties, restrictions and liabilities, set forth in the tliirty-eighth and forty-fourth chapters of the Revised Statutes. Sect. 3. Said corporation may for the purpose aforesaid hold real estate not exceeding in value one hundi-ed thousand dollars, and the whole capital stock shall not exceed one hundred and fifty thousand dollars. Sect. 3. Said corporation mth the consent of the select- men of the to^n of AValtham shall have the power and au- thority to open the ground in any part of the streets, lanes and highways in said town for the purpose of sinkmg and re- pauing such pipes and conductors as it may be necessary to sink for the purpose aforesaid. And the said corporation, af- ter opening the ground in such streets, lanes or highways, shall be held to put the same again into repair under the penalty of being j)rosecuted for a nuisance : provided, that the said selectmen for the time being shall at all times have the power to regulate, restrict, and control the acts and doings of the said corporation wdiich may in any manner affect the health, safety, or convenience of the inhabitants of said town. Sect. 4. Nfe shares in the capital stock of the said corpo- ration shall be issued for a less sum or amount to be actually paid in on each share than the par value of the shares which shall first be issued. [Approved by the Governor, April 1, 1853.] Chart 1 1 Q "^" ^^^ ^^ establish the Pay of Watchmen of the State House. J5e it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The watchmen of the State House shall receive an annual salary of eight hundred dollars, and the two assis- tant watchmen, an annual salary of seven hundred dollars each, and the said salaries shall be paid in quarterly payments out of the treasury of the commonwealth, on the first days of January, April, July and October, in every yeai', and in the same proportions for any part of a quarter. Sect. 2. Tliis act shall take effect from and after the first day of April, in the year one thousand eight hundred and fifty- three. [Approved by the Governor, April 1, 1853.] Salary of watchmen and assistants established. Shall take effect. 1853. Chap. 120—121. 429 An Act in relation to tlie North River Bridge Company. Chan 1*^0 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The North River Briagc Company is hereby au- Name changed. thorized to take the name of, and shall hereafter be known as, the Little's Bridge Corporation. Sect. 2. The said corporation shall have power at any May reduce rates time hereafter, to reduce the rates of toll heretofore established, so far as they may deem expedient, and continue said tolls so reduced as long as they shall deem expedient. The said cor- Corporation may poration may also regulate by agreement with individuals, the ^reements. rates of tolls for passing their bridge, during the period of one year, or for a shorter time : provided, that the rates of toll so proyided. agreed on, shall not exceed those heretofore established by law. Sect. 3. This act shall take effect from and after its passage. [Approved by the Governor, April 1, 1853.] An Act for widening the Draws in certain Bridges over Mystic River. Qhnyj 121 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The passage-way for vessels through each of the certain draws to bridges of the several corporations hereinafter named, crossing 46 feet before the 5lystic River below the town of Medford, is hereby re- ^'^*'' ^^^ ' quired to be increased to a clear width of not less than forty- six feet, and suitable draws therein, leaving, when open, a clear passage-way of the width aforesaid, for all vessels having occasion to pass the same, and convenient also, when closed, for the passing of the pubUc travel, shall be made and com- pleted on or before the first day of October, eighteen hundred and fifty-thi-ee ; the said draws to be constructed and finished upon the terms and conditions hereinafter prescribed, but in such form and mode of construction as shall be approved by To be approved three commissioners, to be for that purpose appointed by the sionerT.*^*^ governor and council : the compensation of said commissioners to be apportioned by them as they shall think equitable, and to be estimated as pai't of the expense of constructing said draws. Sect. 2. The Salem Turnpike and Chelsea Bridge Corpo- saicm turnpike ,, ^ 1 -\r ^ 1 •! ""'^ Chelsea ration, mcorporatcd by an act passed JMarch the sixth, one bridge corpora- thousand eight hundred and two, shall make, within the time new draw™ aforesaid, and shall maintain in good repair, in lieu of the pre- 430 1853. Chap. 121. sent draw, in tliat part of Chelsea Bridge wliicli crosses the main channel of said river nearest to the Chelsea shore, a new draw, allowing such width of passage for vessels as aforesaid, and of such form and construction as said commissioners shall determine, together with such piers as said commissioners shall judge to be necessary to lacihtate the safe passage of vessels through said draw ; and the said corporation shall be bound to j)erform like duties respecting the opening of said draw, and the accommodation of vessels passing tlu'ough the same as are now required in respect to the several existing draws in said bridge by the said act of incorporation, or any act additional thereto ;' and to indemnify the said corporation for all losses and expenses incurred by the alterations and improvements aforesaid not required by their act of incorporation, or any act Term for taking additional thereto ; the term limited in said act of incorpora- tion for the taking of tolls on said bridge, is hereby extended to such further term as shall be found to be a complete in- demnity to the said corporation in the manner hereinafter Commissioners provided. It shall be the duty of the said commissioners, to audit accounts /., ,i i, • -■. , n •iiiii and make report, alter the alterations and improvements aioresaid snail nave been completed and approved, to audit the accounts of the corporation relative thereto, and to ascertain the costs thereof, and all expenses incident thereto, and the losses from inter- ruption of the travel, or otherwise, occasioned by the making of the same, and the increased annual expense, if any, for tending and keeping in good repair such newly-constructed draw, and to determine, after hearing the corporation thereon, what additional term for the taking of the tolls on said bridge, beyond the term limited in said act of incorporation, will suf- fice to indemnify said corporation for all losses and expenses incurred in making and maintaining said alterations and im- provements, with interest thereon at the rate of six per cent, per annum, payable semi-annually, from the time when the same were incurred to the time of their being reimbursed, and to report theu' awaixl in the premises to the governor and council ; and when the said award shall have been accepted and approved by the governor and council, the additional term thereby awarded for the taking of tolls on said bridge shall be deemed and taken to be an additional franchise of the said corporation. Proprietors of Sect. 3. The proprietors of Maiden Bridge, incorporated mate new draw*° t)y an act passcd March the first, one thousand seven hundred and eighty-seven, and now subject to the provisions of the additional act, passed April the nineteenth, one thousand eight hundi-ed and tliiity-seven, and accepted by said corporation, shall make within the time aforesaid, and shall maintain in 1853. Chap. 121. 431 good repair, in lieu of the existing di'aw in said bridge, a di-aw, not less than forty-six feet in width, and of such form and construction as the commissioners aforesaid shall deter- mine to be safe and convenient ; and all the duties the said corporation is now required by law to perform respecting the existing di'aw, shall be deemed and taken to apply to such newly constructed draw ; and the commissioners appointed under the said act, passed April the nineteenth, one thousand eight hundred and tliu-ty-seven, shall make such provision as they shall deem expedient for advancing to the said corpora- Expenses to be tion the requisite funds to defray the expense of the altera- of tons,'''^'^ ""^^ tions and improvements aforesaid, to be reimbursed out of the tolls to be received at said bridge, whenever and for such length of time as may be neccssaiy, after the said bridge, under the provisions of said additional act, shall have reverted to and become the property of the commonwealth, and without det- riment to the private interests of the ]3roprietors of said bridge under said act. But if the said proprietors of Maiden Bridge if the proprietors shall refuse or neglect to make the said alteration upon the gfoners to make terms aforesaid, by the expiration of the time hereinbefore ti^e same. limited therefor, the commissioners appointed under this act shall make the same, with all convenient despatch, and all the duties the said corporation is now required by law to perform respecting the existing draw, shall be deemed and taken to apply to such newly constructed draw ; and all damages there- by sustained by said corporation, shall be ascertained in the same manner as is now provided by law in respect to high- ways, and shall be paid by said commissioners to said corpo- ration, and said commissioners shall make such provision for the pajTiient thereof and for defraying the expense of such al- • teration as they shall deem expedient, the amount thereof to be rcimbui'sed out of the tolls to be received at said bridge, as aforesaid. Sect. -1. The Boston and Maine Railroad Corporation shall Boston and make "within the time aforesaid, and shall maintain in good corporaTion shall repair, in lieu of the existing cbaw in the bridge of said rail- ks'ftiian 46feef road, crossing the channel of said river, a draw, not less than ^^i*^*'- forty-six feet in width, and of such form and construction as the commissioners appointed under this act shall judge to be safe and convenient, together with such piers as said commis- sioners shall determine to be necessary to facilitate the passage of vessels tlu-ough said di'aw, without unnecessary interruption to the pubhc travel on said rarhoad ; and all the duties noAV imposed by law upon said corporation with respect to the ex- isting draw in said bridge shall be held to apply to such newly constructed draw ; and the said corporation shall on or before 432 1853. Chap. 121—122. Obstructions to be removed. the first day of October, eighteen hundred and fifty-three, re- move all such obstructions in the channel of said river, as said commissioners shall judge to have been caused by the erection and maintenance of said railroad, and the expense of said alterations and improvements shall be defrayed by the said railroad corporation. Corporations Sect. 5. On or bcfore the first day of October, one thou- Maiden bridge) saud eight hundred and fifty-thi"ee, within which time the cTrawf within "^ alterations and improvements herein required to be made, are be'deemedlis''^ to bc Completed, if either of the chaws herein required to be nuisances. made shall not have been made and completed as aforesaid by the corporation required to make the same, the bridge of the corporations guilty of such neglect, except said Maiden Bridge, shall thereafter be deemed and taken to be a public nuisance and may be abated as such by any person interested m ship building above said bridges, in the same manner in which any other obstruction or nuisance in navigable waters may be abated or removed. ^espfcti^glxist- Sect. 6. Nothing in this act contained shall be construed ing draws not to alter or impair any obligation of the corporations herein impaired by this ^ - i i •• i ' ^ ^ - ^ act until, etc. named with respect to the existing draws m the bridges afore- said, until the di-aws herein provided to be made shall be completed, nor to alter or impair their obligations for the maintenance of suitable draws under their respective charters and the acts in addition thereto, but all such obligations shall remain in full force and apply to the maintenance and care of the di'aws hereby requu'ed to be made by the said corporations respectively, in like manner as if the same had been provided for in their respective charters, nor in any way to affect the resolve approved May twenty-fourth, one thousand eight hun- dred and fifty-one, concerning the draw in the bridge of the Grand Junction Railroad and Depot Company across said river. [Approved by the Governor, April 1, 1853.] C/lttp. 122 An Act to provide for the Taxation of certain Real Estate belonging to the Commonwealth. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : estlte nlul Sect. 1. Any real estate of which the commonwealth may to taxation. \yQ ^ posscssiou, undcr a mortgage for a breach of any of the conditions therein named, shall be liable to taxation in the city or town where situated : anything in the fifth section of the seventh chapter of the Revised Statutes to the contrary not- withstanding. Sect. 2. This act shall take effect from and after its pas sage. [Approved by the Governor, April 1, 1853.] 1853. Chap. 123—124. 433 An Act to incorporate the Maverick Woolens Company. ChdV 123 J5c it enacted by the Senate and House of Rcpreseyitativcs , in General Court assembled, and by the authority of the same, as follows : Sect. 1. I. Wiley Edmands, Gardner Colby and W. T. corporators. Eustis, their associates and successors, are hereby made a cor- poration, by the name of the INIaverick Woolens Company ; for the purpose of manufactiuing goods in the town of Dedham, To manufacture county of Norfolk ; with all the powers and j)rivileges, and ^^° * '° '^ ^ subject to all the duties, restrictions and liabilities, set forth in the thirty-eighth and forty-foiu-th chapters of the Revised Statutes. Sect. 2. Said corporation may hold real and personal es- ^'^^^ ^f^f.fJ]:^ ^ ^ . /• 1 J . T exceed $400,000. tate necessary and convenient lor the purpose aforesaid, not exceeding in amount foiu' hundred thousand dollars, and no shares in the capital stock of the said corporation shall be issued No shares issued for a less sum or amount to be actually paid in on each share, par. than the pai- value of the shares which shall be first issued. [Ajpprovcd by the Governor, April 1, 1853.] An Act to incorporate the Leominster Reservoir Company. ChoLV. 124 i5e it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. James H. Carter, Isaac Cowdiy, Josiah C. Lane,^corporators. their associates and successors, are hereby made a corporation, by the name of the Leominster Reservoir Company ; for the reservor/i™*' purpose of constructing, supporting and occupying a reservoir FUchWrg!^ ^^'^ of water by the means of dams, in the towns of Leominster Purpose. and Fitchburg, in the county of AYorcester, for the supply of mills situated on the stream below said reservoir ; with all the Powers and powers and privileges, and subject to all the duties, restrictions ^"^ ^^^^' and liabilities, set forth in the thirty-eighth and forty-fourth chapters of the Revised Statutes. Sect. 2. Said corporation may hold, for the purposes afore- Reai estate said, real estate to the amount of ten thousand dollars. Sect. 3. No shares in the capital stock of said corporation no shares issued shall be issued for a less sum' or amount, to be actually paid in on each, than the par value of the shares which shall be first issued. [^Approved by the Governor, April 1, 1853.] 52 for less than par. 434 1853. -Chap. 125. Division line defined. ChctV. 125 A^ ^^^ defining the Divisou Liue between the Towns of Rochester and ^ * Marion. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The division line between the towns of Roches- ter and Marion, shall be as follows : Beginning in the west line of the town of Wareham at a point south twenty -five and one-quarter degrees east from the north-easterly corner of the homestead of Richard Gurney ; thence running north twenty- five and one-quarter degrees west in said Gurney's line, about forty -five rods to the northerly corner of the homestead of said Gui-ney : thence running south forty-eight degrees west in line of said Gurney's homestead, one hundred and seventy rods and twelve feet to the westerly corner thereof near Mary's Pond ; thence running south fourteen and one-half degrees west, about one hundred and fifty-six rods to the north-east corner of the homestead of Jonathan Perry ; thence running south eighteen and one-half degrees east about fifty-eight rods to a point north sixty -two degrees east, one hundred and fifty- one rods and eight feet from the north-west corner of the wood-lot of Amos Hadley ; thence south sixty -two degrees west to said north-west corner of the wood-lot of said Hadley: thence south twelve and one-half degrees west in line of said wood-lot one hundred and eighty-six rods to the south-west corner thereof ; thence running south twenty-eight and one- half degrees east, fifty-nine rods and nine feet to the place w^here Doggett's Brook unites with Sippican River ; thence running up the thread of said Doggett's Brook about one-half of a mile, opposite to a monument standing at the south-east corner of the Parlow Bridge, so called : thence running south sixteen and one-half degrees west, nine hundi'ed and three rods and twelve feet to Mattapoisett Precinct line, so called : thence south thirty -five and one-half degrees east in said Precinct line three hundred and ninety-tliree rods to a point west from the south-west corner of the wood-lot of Noah E. Handy : thence running east three hundred and eighty-one rods and five feet to Ancoot Cove : thence running south-east to Buzzard's Bay. Sect. 2. All parts of the first section of the two hundred and twenty -fifth chapter of the acts of eighteen hundred and fifty-two, being "An Act to incorporate the Towai of Marion," which are inconsistent with the provisions of this act, are here- by repealed. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 8, 1853.] Inconsistent acts repealed. 1853. Chap. 12G— 128. 435 An Act to incorporate the Shawnuit Mutual Fire Insurance Company. (JJidij 126 Be it enacted by the Senate and House of Representatives , in General Court assembled, and by the authority of the same, as follows : Clement Willis, S. P. Taylor, George O. BrastoAv, their corporators, associates and successors, are hereby made a corporation, by the name of the Shawmnt ^Mutual Fire Insurance Company, in the city of Boston, for the term of twenty-eight years ; for Term of 2S years. the purpose of insuring dwelling-houses and other buildings. Purpose. and personal property against loss by fire ; with all the powers and privileges, and subject to all the duties, liabilities, and Duties, liabilities, restrictions, set forth in the thirty-seventh and forty-fourth ^^''' chapters of the Revised Statutes, and in all subsequent acts relating to mutual fire insurance companies. [Ajpjjroved by the Governor, April 8, 1853.] An Act in relation to Agricultui-al Societies. Chap. 127 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folloivs : Sect. 1. The returns now required by law to be made by Returns, when the several agriciiltiiral societies on or before the tenth clay of .January, shall hereafter be made on or before the tenth day of December in each year. Sect. 2. The Boai'd of Agriculture is hereby authorized Blanks to be to regulate the retiu-ns requii-ed of the different agricultural "^^^ * '^*^' societies, prescribe forms, and furnish to the secretary of each society such blanks as said board may deem necessary to secure uniform and reliable statistics. Sect. 3. No agricultural society shall be entitled to receive Not entitled to any portion of the bounty of the state, unless it has complied et'c!'^'^ ""^ess, fully M'ith the regulations established by the Board of Agri- culture, and made all the returns requii-ed by law. [Approv- ed by the Governor,. April 8, 1853.] An Act to incorporate the Plymouth Gas Light Company. Chctp. 128 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Isaac L. Hedge, John J. Russell, Thomas Hedge, corporators. I. N. Stoddai"d, their associates and successors, are hereby made a corporation, by the name of the Plymouth Gas Light Company, for the purpose of manufacturing and selling gas in J^ugw!^ "°'^ the toMTi of Plymouth, with all the powers and privileges, and 436 1853. Chap. 128—130. Duties, uabiiities, s^bjcct to all tlic clutles, liabilities and restrictions, set forth in the thirty-eighth and forty-fourth chapters of the Revised Statutes. ^ound"'iay^*^ Sect. 2. Said Corporation, -with the consent of the select- pipes, etc. men of said town, for the time being, shall have power and authority to open the ground in any part of the streets, lanes and highways in said town, for the purpose of sinking and repaii'ing such pipes and conductors as it may be necessary to sink for the purpose aforesaid ; and the said corporation, after opening the ground in such streets, lanes or highways, shall be the same^'"^ licld to put the sauic in repair again, under the penalty of Provided. being prosccuted for a nuisance : provided, that the said select- men shall at all times have power to regulate, restrict and control all acts and doings of the said corporation, which may in any manner affect the health, safety or convenience of the inhabitants of said town. Real estate Sect. 3. Said Corporation may take and hold real estate to c°^itamock ^^^ amount of fifty thousand dollars, and the whole capital $100,000. stock of said corporation shall not exceed one hundi'ed thou- No shares issued saud dollars ; and no shares of the capital stock shall be issued par. for a less sum or amount, to be actually paid in on each, than the par value of the shares first issued. Sect. 4. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 8, 1853.] pj 190 ^" ^^^ ^° establish a Fire Department in the Town of Quincy. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Duties, liabiuties, A fire department is hereby established in the town of '^*'^' Quincy, subject to all the duties and liabilities, and with all the powers and privileges, set forth and contained in an act entitled " An Act to regulate Fii'e Departments," passed on the ninth day of April, in the year one thousand eight hun- dred and thirty-nine. [Approved by the Governor, April 8, 1853.] CJlClT) 130 ^^^ ^^^ authorizing the Sale of Public Lands in Rehoboth and Seekonk. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Said towns may Sect. 1. The towns of Rchoboth and Seekonk, arc hereby be\ough!g to""^* authorized jointly to sell and convey, for such sums and in ^°'^- such manner as thy may deem proper, all the public lands in said towns belonging to them jointly. 1853. Chap. 130—131. 437 Sect. 2. All proceeds of said sales, or the income aiisiiig P'i^Ho schools therefrom, shall be ajipropriated to the support of public ed v.y proceeds. schools ill said towns respectively. Sect. 3. It shall be laM^ful for said towns, before said sales, Land may bo to appropriate any part of said lands for a cemetery, upon such forTc'lmetery terms and conditions, and for such sums of money as may be ^"^^"'^ **'** ^'^'®^; agreed upon, or according to law and equity. Sect. 4. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 8, 1853.] An Act to incorporate the Gerrish Market. Chctp. 131 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. George W. Gerrish, Charles L. Hancock, George corporators. Meacham, Robert Farley, their associates and successors, are hereby made a corporation, by the name of the Gerrish Market, for the purpose of OMiiing and managing a market for the sale and storage of country produce, and other merchandise, now located in Sudbiuy street, between Portland and Friend streets, in the northerly section of the city of Boston, with all the To own and powers and privileges, and subject to all the duties, liabilities S^Bofton."^"'^'^** and restrictions, set forth in the forty-fourth chajDter of the Revised Statutes: provided, that no tiling contained in tliis act shall be construed to authorize said corporation to engage in buying or selling produce or merchandise of any description. Sect. 2. Said corporation may hold real and personal estate Estate not to - , i- • 1 / T • 1 exceed $300,000. lor the purpose aioresaicl, not exceeding m amount three hundred thousand dollars : provided, that no shares in the capital stock of said corporation, shall be issued for a less sum or amount, to be actually paid in on each, than the par value of the shares which shall be first issued. Sect. 3. The city of Boston may, by its city council, or by city council to "^-^w ' enforce Dolicc any person or body to whom said council shall delegate its regulations. power, make and enforce suitable and proper police regulations, in and around said market and its appurtenances. Sect. 4. This act shall take effect from and after its j)assage. [Approved by the Governor, April 8, 1853.] 62* 438 1853. Chap. 132—134. Chctp. 132 -^^ ^^^ ^^ change the Name of the Boston House Company, and for ^' other purposes. Be it enacted , hy the Senate and House of Representatives, in General Court assembled, and hy the authority of the same, as follows: Name changed. Sect. 1. The Bostoii House Company shall hereafter be called and known by the name of the Proprietors of Barris- ters' Hall in Court Square. Repeal of former Sect. 2. So much of the act incorporating the Boston House Company as relates to a public house^ and the third section of said act, are hereby repealed. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 8, 1853.] C/lCCn 133 An Act to authorize Nelson Scudder and Daniel Scudder to extend their ^' Wharf. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : ^nstabi Nelson Scudder and Daniel Scudder are hereby authorized to extend and maintain the wharf now owned by them and adjoining their land in Barnstable, seventy feet into the har- bor ; and shall have the right to lay vessels at the sides and Right of gi^cl of said wharf, and receive wharfaoje and dockage therefor : Provided, etc. provided, tliis act shall in no wise impair the legal rights of any person. [Approved by the Governor, April 8, 1853.] l^A An Act in addition to "An Act to incorporate the Vermont and Massa- chusetts Railroad Company." Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Location Sect. 1. The locatlon of the railroad of the Vermont and Massachusetts Railroad Company, and the said railroad, as the same is actually laid out and constructed, in the counties of Worcester and Franklin, are hereby ratified and confirmed. Corporation Sect. 2. In orclcr to corrcct any informality or insufficiency file newToca'tion, in the locatious of Said railroad heretofore filed, the said cor- **''■ poration is hereby authorized, at any time within one year from the passage of this act, to file with the county commission- ers of said counties of Worcester and Franklin respectively, new locations of said road, defining the courses and distances and boundaries of such portions thereof, as lie within the said counties respectively, in conformity with the actual construc- Saidnewioca^ tiou of Said road as already built, wliich said new locations, tionato bevaud. ^^^^^ gj^^^ ^YinW be Valid and sufficient in law, to all intents and purposes. [Approved by the Governor, April 8, 1853.] 1853. Chap. 135— 13T. 439 An Act in addition to an Act, to incorporate the Nantucket Steam Chup. 135 Boat Company. Be it enacted by the Senate and House of Jlcpresentatives, in General Court assembled, and by the authority of the same, as follows : The Nantucket Steam Boat Company is hereby authorized gJeJa^^^t^'ete to run a steamboat and two other vessels bet"\A"cen Nantucket ^^ stockholders and Hyannis, in the town of Barnstable, or Yarmouth, or on both of said routes, as the stockholders may elect. [Approved by the Governor, April S, 1853.] An Act to change the Name of the City Mutual Marine and Fire ChctJ). 136 Lisui-ance Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : The City Mutual ]Marine and Fu'e Insurance Company shall Name changed, hereafter be called and known as the Tremont Mutual Insu- rance Company. [Approved by the Governor, April 8, 1853.] An Act to authorize the Cambridge Gas Light Company to extend their (JJid^)^ 187 Gas Pipes into the Town of Somerville. -^ * Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The Cambridge Gas Light Company, a corporation May extend pipes established by law, is hereby authorized to extend their pipes ° "°'^'^"' ^• for the pui'pose of conducting gas into the town of Somerville. Sect. 2. Said corporation, with the consent of the selectmen of the town of Somerville, shall have power and authority to open the ground in any part of the streets, lanes and high- ways of said town, for the purpose of sinking and repairing such pipes and conductors, as it may be necessary to sink for May open the 1 r ' 1 11 -1 ' r ' ground, lay the purpose aioresaid ; and trie saicl corporation alter opening pipes, etc. the ground in said streets, lanes and highways, shall be held to put the same into repair, under the penalty of being pro- ^^ ^g^'^j^g^ '*' secuted for a nuisance : provided, that the selectmen of the said Provided, etc. town, for the time being, shall at all times have the power to regulate, restrict and control all the acts and doings of said corporation, which may in any manner affect the health, safety and convenience of the inhabitants of said town. Sect. 3. This act shall take effect from and after its passage. [Approved by the Governor, April 11, 1853.] 440 1853.- -Chap. 138—140. Chap. 138 ^*^ ^^"^ to authorize David Gould and his Associates to build a Wharf. J?e it enacted hy the Senate and House of Representatives, in General Court assembled, and hy the authority of the same, as follows : David Gould and his associates are hereby authorized to build a wharf from their land adjoining the old harbor in Chatham, and to extend said wharf to six feet of water at low tide, and to lay vessels at the end and sides thereof, and re- ceive wharfage and dockage therefor : provided, that tliis grant shall not affect the legal rights of any person ; and provided, also, that said wharf shall be built on piles below low water mark. [Approved by the Governor, April 11, 1853.] Wharf in Chatham, Eight of wharfage. ProYided, etc Chap. 139 An Act to authorize Joseph Nickerson and his Associates to place Buoys ^ in Stage Harbor, Be it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Joseph Nickerson and his associates are hereby authorized to place buoys in the channel at the entrance of old Stage Harbor, and also through the Drain, so called, in Chatham, at their own expense : provided, that this grant shall not impair the legal rights of any person, and that said buoys shall be so placed, as to aid and not interrupt navigation, and shall be subject to alteration or removal at the pleasiu-e of the com- monwealth. [Approved hy the Governor, April 11, 1853.] Buoys may be placed in the channel. Provided, etc. Chap 140 An Act to authorize Benjamin AUstrum and James M. Holmes to build ^ a Wharf, Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Benjamin Allstrum and James M. Holmes are hereby au- thorized to build a wharf from their land adjoining the harbor of Provincetown, and to extend said wharf into six feet of water at low tide, and to lay vessels at the end and sides thereof, and receive wharfage and dockage therefor : provided, this grant shall not affect the legal rights of any person, and provided also said wharf sKall be built on piles below low water mark. [Approved hy the Governor, April 11, 1853.] Wharf in Provincetown. Right of wharfage. Provided, etc. 1853. Chap. 141. 441 An Act concerning Streets and Wajs in the City of Roxbury. Chcin. 141 Be it enacted by the Sejiate and House of Representatives, in General Court assembled, and by the autliority of the same, as follows : Sect. 1. When any street or •\ray, which now is or here- Aimttors to ,,-- T •' ^ ■ r-iii • grade streets or after shall be opened mthe city oi Koxbury, over any private ways given to land, hy the owners thereof, and dedicated to or permitted to ^^ be used by the public, before such street shall have been ac- cepted and laid out according to law, it shall be the duty of the owners of the lots abutting thereon, to grade such street or way nt their own expense, in such manner as the safety and convenience of the public shall, in the opinion of the mayor and aldermen of said city, require, and if the owners of such abutting lots shall, after reasonable notice given by the said proceedings in mayor and aldermen, neglect or refuse to grade such street or ofrefus^if ^^* way in manner aforesaid, or to close the same from the pubHc, if the same shall not have been dedicated to the public use, it shall be lawful for the said mayor and aldermen to cause the same to be graded as aforesaid, and the expense thereof shall, after due notice to the parties interested, be equitably assessed upon the o"v\niers of such abuttiiig lots, by the said mayor and aldermen, in such proportions as they shall judge reasonable ; and all assessments so made skull be a lien upon such abutting lands, in like manner as taxes are now a lien upon real estate : pro- proTided. vided, always, that notliing contained in this act shall be construed to affect any agreements heretofore made respecting any such streets or ways as aforesaid, between such owners and said city : provided also, that any such grading of any Prorided. street or way, by the mayor and aldermen as aforesaid, shall not be construed to be an acceptance of such street or way by the city of Roxbury. Sect. 2, No street or way shall hereafter be opened as no street or aforesaid in said city,»of a less width than tliu'ty feet, except than so feet wide. \nth the consent of said mayor and aldermen, in writing, first had and obtained for that purpose. Sect. 3. This act shall take effect in thuty days from the when to take passing thereof, unless the city council of said city shall with- in that time vote not to accept the same. [Approved by the Governor, April 12, 1853.] 442 1S53.- -CiiAP. 142—144. auqj. 142 Wharf in I*rovincetown. Kight of wharfeffe. ProTided. etc. All Act to authorize Elisha Nickei-son to build a Wharf. Be it enacted hy the Senate and House of JRepresentatives, in General Court assembled, and by the authority of the same, as foUows : Elishii Xickcrson is hereby authorized tobuikl a wharf from liis land adjoining the harbor of ProvincetoMii, and to extend said wharf into nine feet of water at high tide, and to lay vessels at the end and sides thereof, and receive whai-tage and dock- age therefor : jjrovided, this grant shall not ailect the legal rights of any person, and provided also, said wharf shall be biiik on pik^s bekiw low water mark. [Ajyproved by the Gov- ernor, Ajn-il 1;2, 1853.] C/iajj. 143 Wharf in Provincetown. Risht of ■wharfsffe. PrOTiJeU, etc. An Act to authorize David Youug to build a Wliart'. Be it enacted by the Senate and House of Rejjresentatives, in General Court assembled, and by the authority of the same, as follows : Da-sid Yoimg is hereby authorized to bxiild a wharf fi-om his land adjoining the hai-bor of Pro^'inceto■v\^l, and to extend said whiuf into six feet of water at low tide, and to lay vessels at the end and sides thereof, and receive -ohiu-lage and dock- age therefor : jjrucidcd, that tkis gi-ant shall uot alFect the legal rights of any person ; and provided also, that said -whai-f shall be built on piles below low water mai'k. [Approved by the Governor, April 12, 1853.] Chaj). 144 certain acts declared to be valid. An Act concerning the Fust Universalist Society in Lawrence. Be it enacted by the Senate and House of Bepresoitatives, in General Court asse?nbled, and by the authority of the same, as follows : Sect. 1. All the acts of the First Universalist Society in Lawrence, in holding its annual meeting in the month of Jan- uary ; in choosing a moderator to hold his office for the year in which he was chosen, such moderator ha'S'ing so held his office ; and in authorizing its standing committee to fill such vacitncies as might occur in the offices of said society, said standing committee having acted in filling such vacancies, in pui'suance of such authority, ai-e hereby declai'ed to be valid and eflfectual in law, in as ample a manner, as if said acts, of said society, had been in conformity to the statutes of tliis commonweidth. Sect. J2. Tliis act shall take effect from and after its pas- sage. [Approved by the Governor, April 12, 1853.] 1853. Chap. 145—147. 443 An Act to authorize Aniaziah CrowcU to extend his Wharf. Chap. 14-3 Jie it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folio IV s : Amazlah Crowcll is hereby authorized to extend his wharf ^^^^^^^ ^ iu the harbor of Provincctown, to low water mark, and he shall have the right to lay vessels at the end and sides of said wharf, and receive wharfage and dockage therefor : provided, that Provided, etc. tliis act shall not impair the legal rights of any person. [Ap- proved by the Governor, April 12, 1853.] An Act to incorporate the Hampshire Consohdated Mining Company. C/lCtp. 14G Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Samuel Ellis, Edward Anthony, and Edwin C. corporators. Hamilton, their associates and successors, are hereby made a corporation, by the name of the Hampshire Consolidated Mining Company, for the purpose of exploring and working Purpose, mines of lead, copper and other metals, in the county of Hamp- shire : and prosecuting the mining business in all its branches; with all the powers and privileges, and subject to all the duties, Power« and liabilities and restrictions, contained in chapters thirty-eight ^" *^^^ and forty -four of the Revised Statutes. Sect. 2. Said corporation may hold real and personal ^^ceed ^soo'fxx). estate necessary for the purposes aforesaid, not exceeding three hundred thousand dollars. Sect. 3. No shares in the capital stock of said corporation ko shares iBsued shall be issued for a less sum or amount than the par value of the shares which shall first be issued. Sect. 4. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 12, 1853.] An Act to increase the Capital Stock of the Fairhaven Branch Railroad Chap. 147 Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : The Fairhaven Branch Railroad Company are hereby au- capital stock ,.,. ,. ., 11 Increased. thonzed to increase their capital stock, by an amount not ex- ceeding one hundred thousand dollars, by adding thereto, from time to time, at their discretion, an additional number of shares, ^(^ ^^^^ ^j not exceeding one thousand, of one hundred dollai's each. f^'^.T'^}^ """y ~ ' D« added. [Approved by the Governor, April 14, 1853.] 444 1853. Chap. 148—150. Chun. 148 An Act to incorporate the Charles River Ice Company. J5e it enacted by the Seriate and House of Representatives, in General Court assembled, and by the authority of the same as follows : Corporators. Sect. 1. Lyman Kinsley, Fiaiicis Davis, Joseph. H. Billings, their associates and successors, are hereby made a corporation, xame. by the name of the Charles River Ice Company, in West Roxbury and Dedham, for the purpose of cutting, storing, Purpose. transporting and vending ice ; and for this purpose they shall Powers and have all tlic powcrs and privileges, and be subject to all the Dl'lVllGffGS. -^ J. C-* ■' «/ duties, liabilities and restrictions, set forth in the thirty-eighth and forty-fourth chapters of the Revised Statutes. Capital stock Sect. 2. The capital stock of the said corporation shall not $150,000.''*''"^ exceed one hundred and fifty thousand dollars, and the same How to be may be invested and held in such real and personal estate as shall be necessary and convenient for carrying on the business beiow^'ar ^^^"^"^ °^ ^^^® ^^^^ Corporation, and no shares in the capital stock of the said company shall be issued for a less sum or amount, to be actually paid in on each, than the par value of the shares ProYided. wliich shall be first issued ; and provided that this act shall in no wise impair the legal rights of any person. [Approved by the Governor, April 14, 1853.] Chap. 149 An Act in addition to an Act to authorize Towns to take Lauds for School Houses. He it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Provisions of The provisious of the act authorizing to^ais to take lands 1818, extended! for scliool houscs, passcd ou the first day of May, in the year eighteen hundred and forty-eight, are hereby extended, so as to embrace all cases in which the selectmen shall have de- termined where a school house is to be placed, in pursuance of the jjrovisions of the thirtieth section of the twenty-third chapter of the Revised Statutes. [Approved by the Governor, April 14, 1853.] Chan 150 ^^ ^^^ ^^ incorporate the Lasell Female Seminary. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Corporators. Gcorgc W. Briggs, Josiah Lasell, Henry L. Sabine, William Jackson and Joseph L. Patridge, are hereby incorporated by the name of the Lasell Female Seminary, to be established in 1853. Chap. 150—152. . 44-5 Auburnclale in the to^ii of Newton, in the county of ^Ilddle- sex ; with the powers and privileges, and subject to the duties, powers and restrictions and liabiHties, provided in the forty-fourth chapter P"'''«ees. of the Revised Statutes, with poAver to hold real estate not Real estate not exceeding in value forty thousand dollars, and personal estate and^person^ to the amount of ten thousand dollars, to be devoted ex- ""^^^ sio,ooo. clusivclv to the purposes of education. {Approved by the ^or educational ^~i " # -7 11 -lo-d T \- J.A ^ purposes. Governor, April 14, 18d3.] An Act concerning the Union Railroad Company. Be it enacted by the Senate and House of Representatives, Chap, 151 in General Court assembled, and by the authority of the same, as follows : Sect. 1. The City Council of the city of Cambrido^e, and crossing the " Streets of C^ini- the Selectmen of the towai of Somerville, shall have full power bridge and to determine in what manner said railroad shall be constructed determLed. °^ across the streets within said city of Cambridge and town of SomerA-ille, whether at grade, or otherAA-ise, and what se- curities shall be provided and maintained by said corporation at such crossings. Sect. 2. The Union Railroad Company are hereby au- ^ay enter upon , . , 1 • 1 • -r» •! 1 • 1 1 Cirand Junction thonzed to enter upon and unite then* Railroad with the Railroad and Grand Junction Railroad, and may at any time lease their ^'^^ ^'^^^' road, or transfer theu* property and franchises to the Grand Junction Railroad and Depot Company, and the Grand Junc- tion Railroad and Depot Company may build and maintain said Union Railroad. Sect. o. So much of an act of this commonwealth, en- inconsistent act titled " An Act to incorporate the Union Railroad Company," "^* passed May 10, 1848, as is inconsistent with the provisions of this act, is hereby repealed. Sect. 4. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 14, 1853.] An Act to authorize Richard Picket and John Picket to build a wharf. ChcilO. 152 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Richard Pickett and John Pickett, ai-e hereby authorized wharf in to build and maintain a wharf from their own land adjoining "^^^'^^ the harbor of Beverly, and extend the same, south one degree west, three hundred and thirty feet from the stone breast work at the south side of "Water street in said Beverly ; the extension below low water mark to be built on piles ; and 53 446 1853. Chap. 152—154. Kjeht of they shall have the right to lay vessels at the end and sides of said whai'f, and to receive dockage and wharfage therefor : Provided. provided, this grant shall not in any manner interfere with the legal rights of any person. [Approved by the Governor, April 14, 1853.] y^j -I no An Act in addition to the Acts concerning School Districts. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : School commit- In cacli towii in this commonwealth, which is now, or may ti^^ue'^choor'^"'^' be hereafter divided into districts for schools, such districts districts unless, gj^^]} ]-,g discontinued at the discretion of the school committee ; unless the inhabitants of the town, at their amiual meeting for the choice of town officers next following the first of January, eighteen hundred and fifty-four, and as often as once in tkree years thereafter, shall Aote to continue the same, and the care and management of all the schools therein shall devolve upon said school committee, until the town, at a subsequent annual meeting, shall otherwise direct. [Approved by the Governor, April 14, 1853.] /T'/i/vM 1 '^A An Act reeulating the Storage, Safe-Keeping and Sale of Fire-Works l^nap. 10^ e j^ jjjg (.jjy ^^ Boston. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : „^. , . Sect. 1. It shall not be lawful for any person or persons Chief engmeer ^^^ . , . , • r- t> • may ucense to j^q ]j^eep or scll any tire-works within the cit>^ oi xJoston, m any ^. ' quantity, without first having obtained from the chief engineer of the fire department of said city a license therefor, signed by the chief engineer or by the secretaiy of the board of en- gineers, on which shall be written or printed a copy of the rules and regulations by them established, relative to the keep- ing, selling or storage of fire-works "svithin said city ; and every such license shall be in force until the first day of INIay next ensuing the date thereof, unless sooner annulled by the board of engineers, and no longer, but such license may, prior to the expiration of that term, be renewed by the chief engi- neer or the said secretaiy, from year to year, by endorsement Provided. thcrcou : provided, always, that the board of engineers may rescind any such license, if in their opinion the person or per- sons have disobeyed the law, or infringed on any rules or regulations established by the board of engineers ; and cver)^ 1853. Chap. 154—155. 447 person who receives a license to sell fire-works, as aforesaid, shall pay for the same the sum of one dollar, and the same sum for the renewal thereof, and all such licenses shall expire Licenses to expire on the first day of May, annually, and all moneys received Maj , In^uauy. for licenses shall be paid to the board of engineers, for the purpose of dcfraymg the expenses of carrying this act into execution. Sect. 2. Any person or persons who have for sale or keep Penalty for in possession any fire-works within the city of Boston, contrary license. to the rules and regulations established by the board of engi- neers herein mentioned, or who shall sell any fire-works in said citv without first having obtained from the said chief en- gincer, or liis secretary, a license as aforesaid, shall forfeit a sum not less than fifteen nor more than fifty dollars for each offence. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 14, 1853.] An Act in addition to an Act to establish the City of Cambridge. C/lCip. 155 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The election of mayor, aldermen, and common Time of electing councilmen, and such other officers of the city of Cambridge officers changed. as are now by law to be chosen on the first Monday in March, annually, shall in future be made on the first IMonday in De- cember, annually ; and the said officers, so chosen, shall hold their respective offices for the same term of time, and the same proceedings shall be had in relation to such elections as are provided in the act, entitled " An Act to establish the City of Cambridge," to which this is in addition : provided neverthe- Provided. less, that the next choice of the said city officers, after the ac- ceptance of this act by the inhabitants of the said city of Cam- bridge, as hereinafter provided, shall be made at such time, and in such manner, as are prescribed in the act aforesaid ; and the officers so elected shall severally hold their offices until the first ^londay of January next succeeding such election, anything in this act to the contrary notwithstanding. Sect. 2. The election of a city clerk, a city treasiu'cr, and citycouncu t« a collector of taxes, who are now by law to be chosen, and all andVirva^MKB vacancies which are now by law to be filled, by the city conn- "* Jao'^''^- oil, in the month of April, annually, shall in future be respec- tively made and filled by the city council in the month of Jan- uary annually, in the like form and manner, and for the same term of service, as are prescribed in the act to which this act 448 1853. Chap. 155. Provided. jg [-^-^ addition : provided nevertheless, that the next choice of such officers and the next vacancies occurring, after the acceptance of this act by the inhabitants aforesaid, as hereinafter provided, shall be made and filled at such time, and in such manner, as are prescribed in the act aforesaid, to which this is in addition ; and the officers so elected shall severally hold their offices un- til the first Monday in January next succeeding such election, anything in this act to the contrary notwithstanding. Powers and Sect. 3. The officcrs choscu by virtue of this act, shall ' enter upon the duties of their respective offices on the first Monday in January in each year, and shall be liable to all the duties and restrictions, and shall exercise all the powers to which the said officers are respectively subject or entitled by virtue of the act to which this is in addition, and of all other acts having relation to this subject matter. Boiindaries Sect. 4. The boundaries of the several wards, and the number of members of the common council which each ward shall be entitled to elect, shall continue to be the same as at present established, until the month of October, in the year one thousand eight hundred and fifty-six ; at which time, and once in every five years thereafter, the city council shall re- vise the same, and make such alterations therein, in like form and manner as are prescribed in the act to which this is in addition. City council may Sect. 5. The city couucil of the city of Cambridge may departmeut.'^ establish a fire department for the said city, to consist of so many engineers and other officers, and so many engine-men and other members, as the city council, by ordinance, shall from time to time prescribe ; and the said city council shall have authority to make such provisions in regard to the time and mode of appointment, and the occasion and mode of re- moval, of either such officers or members, and to make such re- quisitions in regard to theii" conduct and government, and to the management and conduct of fires and persons attending at fires, subject to the penalties provided for the breach of the city by- laws, as they shall deem expedient : provided, that the ap- pointment of engine-men, hose-men, and hook-and-ladder- men, shall be made by the mayor and aldermen exckisively. Former acts Sect. 6. An act establishing a fire department in the town iaforce""^ of Cambridge, passed March seventeenth, in the year one thousand eight hundred and thirty -two, and an act in addition thereto, passed March thirtieth, in the year one thousand eight Except so far as hundred and thirty-five, shall continue in force, except in re- gard to the power of making by-laws and publishing the same, and except also in so far as they are otherwise inconsistent with the preceding section ', in wliich respects they shall be void. 1853. Chap. 155. 449 Sect. 7. The city council sliall have exclusive power and {jjy^ouTstreeto. authority to lay out new streets or ways within the said city, and to estimate the damage wliich any person shall sustain thereby ; but all petitions and questions, relating to the lay- ing out, widening, altering or discontinuing of any street or way, shall be first acted upon by the mayor and aldermen. Any person dissatisfied with the decision of the city council, pergonadiBsatis- in the estimate of damages, may, within six months thereafter, com^X™^* make a complaint to the county commissioners, in the county of JNliddlesex, upon which complaint the same proceedings shall be had as aie provided in the twenty -foiu-th chapter of the Revised Statutes, in cases where persons are aggrieved by the assessment of damages by selectmen. Sect. 8. If a vacancy shall exist in any of the boards of vacaccies, how- assessors, assistant assessors, overseers of the poor, or school ^"^'*' committee, by failure of the inhabitants to elect, by neglect or refusal to serve, by death, resignation, or any other cause, the city council shall fill such vacancy as soon as may be after the knowledge of the fact : provided, that nothing herein contained shall be construed to prevent the operation of the act passed on the twenty-sixth day of April, in the year one thousand eight hundi-ed and forty-nine, being chapter one hundred and forty-four of the acts of said year, relating to such vacancies, therein mentioned, as may occur in the school committee after the date of the warrant for the annual town meeting for the election of their successors. Sect. 9. All boards and ojEficers acting under the act of Officers i> /-H 1 ' 1 T 1*1 accountable for incorporation of the city of Cambridge, and entrusted with public money. the expenditiu'e of public money, shall be accountable there- for to the city council in such manner as they may direct. Sect. 10. No board or committee of the city council, or Contracts not of either branch thereof, shall make any contracts on behalf of appropriations or binding upon the said city, the amount of which contracts shall exceed the specific appropriations of the city council pre- viously made therefor. Sect. 11. All acts and parts of acts, inconsistent with the inconsistent acts provisions of this act are hereby repealed. ^"^^ Sect. 12. This act shall be void, unless the inhabitants of ^^[/^^ ^«J°'^^ the said city of Cambridge, at a legal meeting called for that i>y inhabitants. purj)ose, shall, by a majority of the voters present and voting thereon, by ballot, determine to adopt the same. [Approved bij the Governor, April 14, 1853.] 53* 4-50 1853. -Chap. 156—158. Chap. 156 Karnes not to be iHed unlesii by written consent. An Act to prevent the Transaction of Business under unauthorized Names. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folloxvs : Sect. 1. Xo person carrying on business in this common- •wealth, shall assume or continue to use in his business the name or names of any person or persons formerly con- nected with him in partnership, or of any other person or persons, either alone or in connection "svith his OTS'n or any other name or designation, without the consent of such person or persons, or of his or their legal representatives, in writing. Supreme judicial Sect, 2. The Supreme judicial coiu*t shall have power in "restrainfetc. cquitj^ to restrain by injunction the use of any person's name in %'iolation of this act. [Approved by the Governor, April 14, 1853.] C/utj). 157 Corporators. Powers and privileges. An Act to incorporate the VVestfield Savings Bank. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Silas Eoot, Samuel Horton, Frederick Bush, their associates and successors, are hereby made a corporation, by the name of the Westfield Savings Bank, to be established in the town of Westfield ; vrith. all the powers and pri"\-ileges, and subject to all the duties, habilities and restrictions, set forth in the tliii'ty- sixth chapter of the Ee-vised Statutes, and in all other laws of this commonwealth relating to institutions for savings. [Ap- proved by the Governor, April 16, 1853.] An Act to incorporate the Eagle Cotton Gin Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Hemy Perkins, Philo Keith, and Asa P. Keith, their associates and successors, are hereby made a corporation, by the name of the Eagle Cotton Gin Company, for the pur- pose of manufacturing cotton gins, and other machinery, in the town of Bridgewater, in the county of PhTnouth ; with all the powers and privileges, and subject to all the duties, restrictions, and liabilities, set forth in the thirtj'-eighth and forty-fourth chapters of the Revised Statutes. Real and personal Sect. 2. The Said Corporation may hold real and pcrsoual *^ooo* ^^'^^^ estate for the purposes aforesaid, not exceeding in amount two hundred thousand dollars. Chaj). 158 Corporators. Name. Purpose. Place. Duties, etc. I 1853. Chap. 158—161. 451 Sect. 3. No shares in the capital stock of said corporation ^"^^^^"^ ^^"^^"^ shall be issued for a less sum or amount to be actually paid in on each, than the par value of the shares which shall be first issued. Sect. 4. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 16, 1853.] An Act to authorize John Smith and Warren Smith to build a Wharf. CJiap. 159 Be it enacted by the Seriate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Jolin Smith and Warren Smith are hereby authorized to Eight of build a wharf from their land adjoining the harbor of Pro- ^ * ^^' vincetown, and to extend said wharf into six feet of water at low tide, and to lay vessels at the end and sides thereof, and receive wharfage and dockage therefor : provided, this grant Provided, etc. shall not impair the legal rights of any person ; and provided also, said wharf shall be built on piles below low water mai'k. [Approved by the Governor, April 16, 1853.] An Act to amend the Laws for the Regulation of the Inspection of (Jh(ij) 160 Pickled Fish. -^ ' Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The seventieth section of the twenty-eiorhth chap- i^'^p^'^t^' *i* •f o i receive SI irom ter of the Revised Statutes, shall be so far amended, that the each deputy for T i /-^ 1 j^ TT Tin* • r commission inspector (jrenerai oi r ish shall receive an excise or lee and bond. for his commission and bond, of one dollar fi-om each deputy inspector, and no more. Sect. 2. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 16, 1853.] An Act to incorporate the Shawmut Sugar Refining Company. Chcip. 161 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Marshall Kingman, Aaron Eice, and Emerson corporators. Leland, their associates and successors, are hereby made a coi-poration, by the name of the Sha^RTiiut Sugar Eefining Com- pany in the town of Dedham, county of Norfolk ; with all the Duties, etc. powers and privileges, and subject to all the duties, restrictions and liabilities, set forth in the tliirtv-eic^hth and fortv-fourth chapters of the Revised Statutes. 452 1853.- -Chap. 161—163. Heal and person al estate not to exceed $50,000. Sect. 2. Said corporation may hold real and personal estate necessary and convenient for the purposes aforesaid not exceeding in amount the sum of fifty thousand dollars ; and No shares issued no sharcs in the capital stock shall be issued for a less sum or amount, to be paid in on each, than the par value of the shares first issued. [Approved hy the Governor, April 16, 1853.] below par. Chap. 162 Corporators. J>Jame. Purpose. Powers and privileges. Keal and person- al estate not exceed $150,000. No shares issued below par. An Act to incorporate the Washington Manufacturing Company. Be it enacted hy the Senate and House of Representatives, in General Court assembled, and hy the authority of the same, as follows : Sect. 1. Daniel Marshall, William A. Hayes and James L. Baker, their associates and successors, are hereby made a corporation, by the name of the Washington Manufacturing Company ; for the purpose of manufacturing machinery of iron and of other materials, in the town of Dorchester, county of Norfolk : with all the powers and privileges, and subject to all the duties, restrictions and liabilities, set forth in the tliirty-eighth chapter of the Revised Statutes. Sect. 2. Said corporation may hold real and personal estate necessary and convenient for the purposes aforesaid, not exceeding in amount one hundred and fifty thousand dollars. Sect. 3. No shares in the capital stock of said corporation shall be issued for a less amount, to be actually paid in on each, than the par value of the shares which shall be first issued. Sect. 4. This act shall take effect from and after its pas- sage. [Approved hy the Governor, April 16, 1853.] t/Uip. loo An Act to authorize the Haverhill Gas Light Company to extend their Gas-Pipes into the Town of Bradford. Be it enacted hy the Senate and House of Representatives, in General Court assemhled, and hy the authority of the same, as follows : Sect. 1. The Haverhill Gas Light Company, a body cor- porate by law, are hereby authorized to extend their gas-pipes into the streets and public grounds of the town of Bradford. Sect. 2. Said corporation, with the consent of the select- men of the town of Bradford, shall have power and authority to open the ground in any pai't of the streets, lanes and high- ways in said town, for the purpose of sinking and repairing such pipes and conductors as it may be necessary to sink for the purpose aforesaid ; and the said corporation, after opening the ground in said streets, lanes and highways, shall be held thrsame^" to put the samc into repair, under the penalty of being prose- Extension of pipes. May open ground, lay pipes, etc. 1853. Chap. 163—165. 453 cutcd for a nuisance ; provided, that the said selectmen, for ProTided, etc. the time being, shall at all times have the power to regulate, restrict and control all the acts and doings of said corporation, •Nvhicli may in any manner affect the health, safety and con- venience of the inhabitants of the said toM'n. Sect. 3. This act shall take effect from and after its pas- sage. [Approved hy the Governor, April 16, 1853.] Au Act to autliorize the Selectmen of the Town of Dennis to lower the QJiap. 164 Bridge over Swan Pond River. ^ Be it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The selectmen of the town of Dennis are hereby swan pond river authorized to lower the bridge, built over the Swan Pond Kivcr by virtue of the sixtieth chapter of the acts passed in the year one thousand eight hundred and forty-nine, so that the said bridge shall be not less than five feet above ordinary high water mark. Sect, 2. The said bridge, after this alteration shall have ^en deemed to been made, shall be deemed to be built according to law : anything in the sixtieth chapter of the statutes of eighteen hundred and forty-nme, to the contrary notwithstanding. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 16, 1853.] An Act to incorporate the Oakdale Hotel Company. CluiY). 165 2?e it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Daniel Ilosmer, William Thomas, Rowland ^°'T'°'''^'^'^'- Shepard, Linus M. Harris, theii* associates and successors, are hereby made a corporation, by the name of the Oakdale Hotel Name and Company, for the purpose of erecting in the town of West p^'^p""®- Boylston buildings necessary and convenient for a public house ; with all the powers and privileges, and subject to all the lia- Powers, bilities, duties and restrictions, set forth in the forty-fourth chapter of the Revised Statutes. Sect. 2. Said corporation may hold such real and personal Real and person- . 1 1 • i_ _r ii al estate not to property as may be necessary and convenient lor the purposes exceed $io,ooo. aforesaid, not exceeding in amount ten thousand dollars, pro- vided, that no shares in the capital stock of said corporation ^JJ^^l"^^ '^^"^^ shall be issued for a less sum or amount, to be actually j)aid in on each, than the par value of the shares which shall be first issued. And if any ardent spirits, or intoxicating drinks of ProTiso. 454 185: -Cuw. 1G5— 167. any kind whatever shall be sold unlawfully by said company, or by their agents, lessees or persons in their employ, in any of said bnihlings, then this act shall be void. [A2)j)rovcd by the Governor, Ajpril 21, 1853.] Ciuip. 1G6 ""^" -^^"^ ^'^ incorporate the Northampton Young Men's Institute. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Samuel A. Fish, S. W. Hopkins, Henry Dike- man, their associates and successors, ai'e hereby made a cor- poration, by the name of the Northampton Young Men's In- stitute, for the purjiose of estabhshing and maintaining a libraiy, and promoting pubhc instruction by lectures or other- wise, with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth in the forty-fom-th chapter of the Revised Statutes. Sect. 2. Said corporation may hold real and personal estate, for the piu'poses aforesaid, to an amount not exceeding twentv thousand dollars. [Approved ly the Governor, April jn, 1853.] Corporators. Name and purpose. Puties, etc. Resl and person' al estate not oxcoea S20.000. ChciV IGT ^^ "^^^ ^^ incorporate the Union Association in tlie Town of Brighton. Be it enacted by the Senate and House of Representatives, in Getieral Court assembled, and by the authority of the same, as follows : Corporators. Name and purpose. Sect. 1. That Thomas W. Herrick, jSTathaniel !Martin, Willard H. Giles, and their associates and successors, are here- by made a corporation, by the name of the Union Association in the town of Brighton, in the county of Middlesex, an asso- ciation for the purpose of establishing and providing for a Lyceum, a Public Library, and courses of lectures on scien- tific or literary subjects, and for such kindi'ed objects wliich may from time to time be considered advisable and proper. Sect. 2. The said corporation may hold for the purposes to exceed S20, aforesaid real and personal estate to the amount of twenty thousand dollars, and the capital stock shall not exceed said Slim. [Approved by the Governor, April 521, 1853.] Capital stock not 1853. Chap. 168. 455 An Act to authorize tlie Consolidation of the Willinmstown and fn,,.^^ 1 Au Hancock Railroad Company with the Lebanon Springs Railroad '^ / • ^*-' Company. Be it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The stockholders of the Williamstown and Han- Railroads cock llaib-oad Corporation are hereby constituted stockholders of the Lebanon Springs Railroad Company, a corporation created by, and in accordance with the general railroad laws of the state of New York, in the year one thousand eight hun- cked and fifty-two, and the stockholders of said Lebanon xame. Springs Railroad Company are hereby constituted stockhold- ers of the said Williamstown and Hancock Railroad Company ; and the two companies are hereby made one corporation, by ^ow'Snied*' ' the name of the Lebanon Springs Railroad Company, and all the franchises, property, powers and privileges, granted or acquired under the authority of the said states respectively, shall be held and enjoyed by all the said stockholders in pro- portion to the number of shares or amount of property held by them respectively, in either or both of said corporations. Sect. 2. One or more of the directors of said Lebanon One director to Springs Railroad Company shall at all times be an inhabitant of Mass. of this commonwealth, on whom processes against said com- pany may be legally served, and said company shall be held to answer in the jui'isdiction where the service is made, and the process is returnable. Sect. 3. The said company shall keep separate accounts of separate their expenditures in Massachusetts and in Xew York respec- kept and two .•1 1 , • • 'Lni *ij T_j.i commissioners tively, and two commissioners snail be appointed, one by the to be appointed, governor of each state, to hold their offices for the term of four years, and to be reasonably compensated by said company, who shall decide what portion of all expenditures of said com- pany, and of its receipts and profits properly pertain to that jjart of the road lying in Massachusetts and New York respec- tively, and the annual report required to be made by the directors to the legislature of this commonwealth shall, if ap- proved by the said commissioners, be signed by them. Sect. 4. The said company and the stockholders therein, liabiutiesof so Hir as their road is situated in :Massachusetts, shall be sub- Mass.^'''**^" '° ject to all the duties and liabilities of the said WilHamstown and Hancock Railroad Corporation and the general laws of this state, to the same extent as the said WilliamstowTi and Hancock Railroad Company, and the stockholders therein, would have been if this act had not been passed. Sect. 5. This act shall not take effect until the legislature when to tak« ° effect. 456 1853. Chap. 168— ITO. of the state of Xew York shall have passed an act similar to this, nor until said acts shall have been accepted by the stock- holders of the said two corporations respectively, at legal meetings called for that purpose. [Approved by the Gover- nor, April 21, 1853.] Char) 169 ''^" ^^^ ^^ incorporate the Boston Steam Tow-Boat Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. Richard Hennessey, Moses Kimball and Henry Da^ds, their associates and successors, are hereby made a cor- Name and poratiou, by the name of the Boston Steam Tow-Boat Compa- purpoje. ^^,^ £^^. ^j^g purpose of holding and using one or more steam-" boats for towing vessels in and about Boston harbor, with a capital not exceeding fifty thousand dollars, divided into shares of one hundred dollars each, not to be issued except on papnent in cash of the par value thereof. Duties, etc. Sect. 2. The Said corj)oration shall have all the rights and privileges, and be subject to all the duties, liabilities and re- strictions, set forth in the forty-foui'th chapter of the Bevised Statutes ; and so much of the thirty-eighth chapter as may be applicable to said corporation. Sect. 3. This act shall take effect from and after its passage- [Approved by the Governor, April 21, 1853.] Chun 170 ^^^ ^^^ ^'^ authorize the Baptist Church and Society in Leicester, to sell ■'■ ' Real Estate, and to manage their Funds. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Authorized to Sect. 1. The Baptist Cliurcli and Socicty in Leicester, are Itts^K ^^'^ hereby authorized to sell and convey by deed their parsonage estate and other lands belonging to said church and society, situated in said town. Committee to "" Sect. 2. The Said church and society shall at legal meet- and to pface'*'^*'^ iiigs, Called for that purpose, choose by concurrent vote, a trustcM '^'^ committee to make sale of said estate, and the whole or any part of said lands, in such way and manner as said church and society shall direct ; and the committee thus chosen shall have authority to execute and deliver deeds accordingly, and shall place the proceeds of said sales in the hands of trustees elect- ed for that purpose. Board of trustees Sect. 3. The Said cliurcli and society shall, as soon as con- to be ciiosen. yenient, at their meetings called as above provided, and every 1853. Chap. 170—171. 457 foui'th yeai" thereafter, in the month of January, elect concur- rently tlu'ec persons who shall be members of some regular Baptist church or churches, who shall constitute a board of trustees to hold their office until others are chosen, and said trustees shall have authority to receive the proceeds of the Proceeds of sales, sales of said estate and lands, and shall invest the same in ^°^ "»vested. safe and permanent securities, or in mortgages on real estate, so as not to impair the intention of the original donors. And income, how the income arising therefrom shall ahvays be applied for the *^^ '^ ' use and support of the muiistry in said church and society. Sect. 4. The said trustees shall have authority to receive any Trustees may donations or bequests hereafter made or devised to said church ttonslett!"*" and society for parochial purposes ; and said donations and bequests shall be held or invested, and the income thereof applied in the same manner as provided for the original funds in the preceding section, and shall be alike inalienable for- ever. Sect. 5. The said trustees shall give such reasonable bonds Trastees to give for the amount of property in their hands as said church vacancies', how and society shall require. And any vacancy in said boai'd of ^^'"^' trustees may be filled at any regular meetings of said church and society, called for that purpose. Sect. 6. Tliis act shall take effect from and after its pas- sage. [Aj)])roved by the Governor, April 21, 1853.] An Act in addition to an Act to establish the City of New Bedford. C/iav. 171 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, • as follows : Sect. 1. If on the day of the annual wai-d meetings in the Mayor and said city, the election of overseers of the poor, school com- i*',fu™ew™*^ mittee, assessors or assistant assessors, shall not be completed ^eTtSnvacandes according to the provisions of the eleventh section of the act incorporating said city ; and the said ward meetings or either of them shall be adjourned without day ; or if at any time, or from any cause, a vacancy shall exist in either of said offices in any ward of the cit}-, the mayor and aldermen of said city are hereby authorized to issue their warrants for a new elec- tion in such ward or wards, to fill any vacancy in either of said offices ; and the persons chosen at the said meetings shall act in the offices to which they shall be chosen in all respects, and Avith the same powers, as if they had been chosen on the day of said annual meeting. Sect. 2. This act shall be void unless the inhabitants of -vot to take effect said city, at a legal meeting called for that purpose, shall, by by fegarvot^eM within 20 days. 458 1853. Chap. 171—173. a vote of a majority of the voters present, and voting thereon by written ballot, detennine to adopt the same, within t"went)' days from and after its passage. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 23, 1853.] Chcfp. 172 '^^ -^^^ ^o authorize the Proprietors of Dightou and Berkley Bridge to discontinue tiie same. Be it enacted by the Senate and House of Representatives, iji General Court assembled, and by the authority of the sa}ne, as foUoics : Bridge Sect. 1 The proprietors of the Dighton and Berkley isoon nue . gj-idge are hereby authorized to discontinue said bridge as a Proprietors may pass-way ; and the said proprietors are hereby authorized d^riS*pi^ei°'^ and empowered to take up the materials, and to sell and dispose of the same in such manner as they may elect, and to divide the proceeds of such sale among the stockholders ac- Provided. cording to the nimiber of their shares respectively : provided, however, that said proprietors shall not sell or dispose of, or Abutments to ^^ ^^^ ^^^^ ^tex OX interfere with the abutments of said bridge remain. qu cach sido of Tauutou river ; but the said abutments shall remain as they now are, for the use and benefit of the towns Without cost to of Dighton and Berkley respectively forever, but ^vithout propnetore. ^^^^ ^^. g^pgjjgg ^-q g^jjj proprietors. Inconsistent acts Sect. 2. The scvcral acts relating to said bridge, so far as repea e . they ai'c incompatible with the pro"\tisions of tliis act, are hereby repealed, shau take effect. Sect. 3. This act shall take effect sixty days after its pas- sage. [Approved by the Governor, April 23, 1853.] CfUl'O. 173 ^^ -^^^ ^° incorporate the Trustees of the House of the Angel Guardian. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. John B. Fitzpatrick, Manasses Dougherty and George F. Haskins, and their successors, are hereby made a Name. Corporation, by the name of the Trustees of the House of the purpo-v. Angel Guardian, for the purpose of maintaining and training Powers and destitute, idle and vagrant boys, with all the powers and privi- pnvUeges. legcs, and subject to all the liabihties, restrictions and require- ments, set forth in the fortj'-fourth chapter of the Re^vised Statutes. Real and per«on- Sect. 2. The Said Corporation may take and hold real al estate not to , -. f ^ r • t • exceed;850,ooo. and personal estate lor the purpose aioresaid to an amount not exceeding fifty thousand dollars. [Approved by the Governor, April 23, 1853.] 1853. Chap. 174. 459 * All Act concerning the Militia. Chap. 174 Be it enacted by the Senate and Home of Representatives, in General Court assembled, and by the authority of the same, as follows : Sfx'T. 1. So mTich of the second section of chapter twocampdnty hunch-ed and eighteen of the acts of eighteen hundred and three d^s** forty-nine, as limits duty in camp to two days is hereby re- pealed, and the time of performance of such duty is hereby extended to three successive days. Sect. 2. So much of the second section of chapter two part of former hundred and eighteen of the acts of eighteen hundred and ^' repealed, forty-nine, as authorizes the adjutant general to assume the superintendence and command of the troops when in camp, and to represent the person of the commander-in-chief at such times, is hereby repealed. Sect. 3. So much of the third section of chapter one Presiding officers hundred and four, of the acts of eighteen hvmdred and fifty- mue fo/travei. "^ two, as allows ten cents per mile for travel to the 'presiding and recording officers of meetings for the election of officers, is hereby repealed, and such presiding and recording officers shall be entitled to charge but five cents per mile for travel, in such cases. Sect. 4. The staff of each division and brigade may be increase of increased in number by the addition of an engineer thereto, ^ri^de *teff. with the rank of major in the division staff, and that of cap- tain in the brigade staff. Sect. 5. The fifth section of chapter one hundred and cavairy compa^ four of the acts of eighteen hundred and fifty -two, is so far om'p^vate/.'^* altered as to allow the number of privates in companies of ®**- cavalry to be eighty, instead of sixty-four ; a farrier and a - uldler may also be attached to each company of cavaliy. Sect. 6. The compensation for privates, musicians, non- compensation commissioned officers, and officers of companies of cavalry, Lc*^^^ exclusive of the field and staff officers, for the performance of militaiy duty, required by law, shall be double the amount now allowed to officers and members of volunteer companies ; said increased compensation to be paid by the mayor and al- dermen of cities, and the selectmen of towns, which shall be reimbursed from the treasury of the commonwealth, as is by law provided. Sect. 7. The commander-in-chief, with the advice and companies of consent of the council, may authorize the formation of one or authorized^ more companies of foot artillerj^, as designated by the war de- partment, March 6th, 1845. Sect. 8. All acts or parts of acts, inconsistent with the inconsistent aetf provisions of this act, are hereby repealed. repealed. 460 185; -Chap. 174—175. Sect. 9. This act shall take effect £i-om and after its pas- sage. [Ajjproved by the Governor, April 23, 1853.] CJmp. 175 Part of fonner act repealed. City council may establish fire department. Anthority of engineers. May reqxiire the removal of combustible materials. Compensation of certain officers, how fixed. An Act in addition to " An Act to establish the City of Springfield." Be it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1 So much of the twenty-first section of the act to "svliich this is in addition, as relates to the estabUshnient of a fire department in said citj', is hereby repealed. Sect. 2. The city council of the city of Springfield may establish a fire depai'tment for said city, to consist of a chief engineer, and so many assistant engineers, and so many engine- men, hosemen, hook-and-ladder men, as the city council by ordinance shall, from time to time, prescribe ; and said city council shall have, authority to make such provisions in regard to the time and mode of appointment, and the occasion and mode of removals, of either such officers or members, to make such requisitions in respect to their qualifications and period of service, to define their office and duties, to fix and pay such compensation for their ser\-ices, and in general to make such regulations in regard to theu' conduct and government, and to the management and conduct of fires, and persons attending fires, subject to the penalties provided for the breach of the city ordinances, as they shall deem expedient : provided, that the appointment of enginemen, hosemen, and hook-and-ladder men, shall be made by the mayor and aldermen exclusively. Sect. 3. The engineers and other officers of the fii-e de- partment so appointed as aforesaid, shall have the same authority, in regard to the prevention and extinguishment of fii"es, and the perfomiance of the other offices and duties now incumbent upon firewards, as are now conferred upon fire- wards by the Revised Statutes now in force. They shall also have authority', in compliance with any ordinance of said city, to make an examination of places where sha\'ings and other combustible materials are collected or deposited, and to require the removal of such materials or the adoption of suitable safe- guards against fire. And said city council are hereby autho- rized to make suitable ordinances upon the latter subject, under the penalties enacted in the city charter. Sect. 4. The compensation to the fire department, to assessors, collector of taxes, city clerk, city treasurer, and school committee, shall be fixed by a concurrent vote of the two branches of the city council, any provision contained in the eighth section of the city charter to the contrary notwith- standing. [Approved by the Governor, April 23, 1853.] 1853. Chap. 176—178. 461 An Act to incorporate the Appleton ^Mutual Fire Insurance Company. CJlUT). 176 Be it enacted by the Senate and House of Representatives, in General Court assembled, and hy the authority of the same, as follows : George G. Smith, Eben Tappan, Stephen Libbey, thek as- corporators, sociates and successors, are hereby made a corporation, by the name of the Appleton Mutual Fire Insurance Company, in Name. the city of Boston, for the term of twenty-eight years ; for Term, the purpose of insuring dwelling-houses and other buildings, Purpore. and personal property against loss by fire, upon the mutual principle ; with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth in the thii'ty- Duties, etc. seventh and forty-fourth chapters of the Re\'ised Statutes, and of all other general laws which have been, or which shall be hereafter, enacted, relating to mutual fire insurance companies : provided, that no poKcy shall be issued by this company, un- Provided, til the sum of one hundred thousand dollars shall have been subscribed to be insured. [Approved by the Governor, April 23, 1853.] An Act to authorize Timothy P. Johnson to cons-truct a Railroad Track /^yyv, 1*7^ in the Town of Provincetown. ^fuif. x i < Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folloivs : Sect. 1. Timothy P. Johnson, the proprietor of a -wharf ?^^^ ''*«'^ r Tt • CI ^ ^ ^^.,..111 ProTineetown. in the town of rrovincetown, for the purpose oi lacilitatmg the transpoi'tation of earth to said wharf, is hereby authorized to construct and maintain a raih'oad track across a public street adjoining said whai'f, between such points and in such direction as shall be approved by the selectmen of said town of Prov- incetown. Sect. 2. A good and sufficient crossing at said street or To maintain a liighway, for teams and carriages, shall be maintained by the said be subject to Johnson ; and, in aiTanging the same, he shall be subject to °^^*''*^ such rules and requirements as by the said selectmen of the town of Provinceto'ftTi may be deemed reasonable and neces- sar}'. [Approved by the Governor, April 23, 1853.] An Act to incorporate the Maiden Tube Works. Ohcip. 178 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. James J. Walworth, James C. Dunn, Gardiner corporators. G. Hubbard, their associates and successors, are hereby made 54« 462 1853. — -Chap. 178—179. a corporation, hy the name of the Maiden Tube Works ; for Purpose. the purpose of manufacturing articles of iron, brass and tin, in the town of Maiden, and for these purposes, shall have all Duties. the powers and privileges, and be subject to all the duties, re- strictions, and liabilities, set forth in the thirty-eighth and forty- fourth chapters of the Revised Statutes. Real and person- Sect. 2. Said Corporation may hold real and personal estate al estate not to -, -^^,1 /••i, exceed !$300,ooo. uccessary and convenient lor the purposes aioresaid, not ex- ceeding in amount three hundred thousand dollars. No shares issued Sect. 3. No sliarcs in the capital stock of said corporation shall be issued for a less sum or amount, to be actually paid in on each, than the par value of the shares which shall be first issued. Sect. 4. This act shall take effect fi'om and after its pas- sage. [Approved by the Governor, April 23, 1853.] C/kW. 179 An Act conceruiiig the Police Court of the City of Boston, and the Jus- tices' Court for the County of Suifolk. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Different justices Sect. 1. Different justlccs of the Police Court may hold different sessions, different sessions of such court at the same time, each for the trial of criminal cases, in any rooms in the Court House, or in any other places assigned by the Mayor and Aldermen of the city of Boston. City soUcitor may Sect. 2. In all prosecutions before the said Police Court, ' under the by-laws of the said city, the City Solicitor, or other person appointed by the Mayor and Aldermen of the said city, may enter a nolle prosequi, or do any other matter or thing which may be done by a county or district attorney in criminal prosecutions. Processes issued Sect. 3. All proccsscs issuiug from either the said Police ^y courts, how Qq^^^.j. ^^. ^j^g Justices' Court for the county of Suffolk, shall be under the seal of such court, signed by the clerk or either of the assistant clerks thereof, and shall bear teste of the first justice of suck court not a party thereto. Justices' court to Sect. 4. The Justiccs' Court for the county of Suffolk be held weekly. ^']^^i\ \,q \if^\^ Weekly. Each term shall commence on Satur- day, and may be continued by adjournment from time to time, until the next Saturday, or so long as shall be necessary. Police court held Sect. 5. The Policc Couit of the city of Boston shall be Stemoon'!"'^ held in the morning, as heretofore, and in the afternoon, at the time to which it may be adjourned ; and on the same af- ternoons, at thi"ee o'clock, or some hour thereafter, (except 1853. Chap. 179—181. 463 Saturday afternoons,) as heretofore ; and it may be holdcn on Saturday afternoons, if it shall appear to any of the justices to be expedient. [Approved by the Governor, April 23, 1853.] An Act concerning the Boston Oil Company. Ckccp. 180 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The Boston Oil Company, a corporation duly May change established under and by virtue of the provisions of the one "hundi-ed and thirty-third chapter of the acts passed in the year one thousand eight hundred and fifty-one, entitled, " An Act relating to Joint Stock Companies," are hereby authorized and empowered to change the location of their manufactory from Boston in the county of Suffolk, " as provided in their articles of association," to Roxbury in the county of Norfolk. Sect. 2. All certificates and records required to be filed certificates to be , 1111 -1 1- • ' 1 • fil''*^ ^° Roxbury and recorded by the said act relating to joint stock companies, and estate held and by the thirty-eighth chapter of the Revised Statutes, shall ^^^''^' be filed and recorded in the said city of Roxbury and in said county of Xorfolk, as provided by said acts, and the said com- pany may hold real and personal estate, and do any and all acts authorized by law in said city of Roxbury, as effectually, as if their location were estabhshed therem by theii- said articles of association. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 23, 1853.] An Act to incorporate the New England School of Design. Chop. 181 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Samuel Lawrence, Robert M. Mason and Samuel corporators. G. "Ward, their associates and successors, are hereby made a corporation, by the name of the Xew England School of De- sign, with all the powers and privileges, and subject to all the po^" ^^^ restrictions and liabilities, set forth in the forty-fourth chap- ter of the Revised Statutes. Sect. 2. This corporation is authorized to hold real and J^i^^tX^nof r' personal estate to an amount not exceeding fifty thousand dol- exceed s50,ooo. lars, to be devoted exclusively to the education of females in the'' same. the arts of designing, drawing and engraving. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 23, 1853.] 464 1853.- Chap. 182 184. Cliap. 182 Authorized to construct a dam in Harwich. Tide gate 24 feet wide to stop out tide. Provided. This act not to impair legal rights. An Act to authorize Isaiah Baker, Job Chase, Obed Brooks, and theii Associates to construct a Dam across the Herring River. Be it enacted by the Senate and House of Representatives. in General Court assembled, and by the authority of the same, as follows : Isaiah Baker, Job Chase, Obed Brooks, and their associates, owners of Marsh Meadows, on Herring River, in Harwich, are hereby authorized to constrvict a dam at some suitable phice on their own lands, across said river with a tide-gate, not less than twenty-four feet wide, for the purpose of stopping out the tide during the time of making hay on said meadows, and no longer, and may raise by an equitable tax upon said associate owners, sufficient moneys from time to time for the construction and repairing of said dam and gate : provided, said dam shall be removed at the expense of said associates and owners, or those claiming said meadows under them, whenever the legislature shall so require : and, provided also, that this act shall not impair the legal rights of any person or corporation whatever. [Approved by the Governor, April 23, 1853.] Chaj). 183 Corporators. J'owers, etc. May hold real estate not to exceed $200,000. An Act to incorporate the Germania Musical Society. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Carl Bergman, W. H. Schultze, H. Kiistenmacher, their associates and successors, are hereby made a corporation, by the name of the Germania Musical Society, for the purposes of mutual assistance and instruction, and for the better management of the fund which they have accumulated for these objects ; with all the powers and privileges, and subject to all the duties, liabilities, and restrictions, set forth in the forty-fourth chapter of the Revised Statutes. Sect. 2. Said corporation may hold real and personal estate necessary and convenient for the purposes aforesaid, not exceeding in amount twenty thousand dollars. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 23, 1853.] Chap. 184 An Act relating to Eeceivers and Concealers of Stolen and Embezzled Property. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : For first offence , Sect. 1. Evcry pcrsou who shall buy, receive or aid in o^ent.™^*^" the concealment of any embezzled money, goods or property. 1853. Chap. 184—185. 465 knowing the same to have been embezzled, shall be punished by imprisonment in the State Prison, not more than five years, or by fine not exceeding five hundred dollars, or imprison- ment in the county jiiil not mo]-e than two years. Sect. 2. Every person convicted of buying, receiving, or For subsequent aiding in the concealment of any stolen or embezzled money, than^o yeaw in*' goods or property, knowing the same to have been stolen or ^'"•'•^ prison. embezzled, having been before convicted of the like offence, and every person convicted at the same term of the court of three or more distinct acts of buying, receiving, or aiding in the concealment of any money, goods, or property stolen or embezzled as aforesaid, shall be deemed and adjudged to be a common receiver of stolen and embezzled goods, and shall be punished by imprisonment in the State Prison not more than ten years. [Apjjroved hy the Governor, April 23, 1853.] Au Act to extoncl the Time for the Location and Construction of the Ag- (^Jjn^^ 18.^ ricukural Raihoad and concerning the same. -t ' Be it enacted hy the Senate and House of Representatives, in General Court assembled, and hy the authority of the same, as follows : Sect. 1. The time allowed to the Agricultural Branch Time of location Raiboad Company to locate and construct its railroad, is hereby extended to the first day of July in the year one thou- sand eight hundred and fifty-six. Sect. 2. The said corporation are hereby authorized to May buiid their ,,!• ., ,.. .. 1 road in sections. construct tneir railroad m sections, m the same manner, under the same restri-ctions, and with all the privileges, provided for. in an act entitled An Act to extend the Agricultural Branch Railroad and concerning the same, passed on the fifth day of May, one thousand eight hundred and fifty-two. Sect. 3. The Boston and Worcester Railroad Company, other corpora- the Fitchburg and "Worcester Railroad Company, the Ches- to°sub'scribe to hire Railroad Company and the Vermont and Massachusetts gua^rrntee^pay- Railroad Company, are each of them hereby authorized, cither ™^iit of ''o'^'i^' to subscribe to the stock of the said Agricultural Branch Railroad Company, or endorse, or otherwise guarantee the payment of its bonds, to an amount not exceeding two hun- dred thousand dollars : provided, however, that neither of said Provided, etc. corporations shall so subscribe, endorse, or guarantee, until further authorized by a vote of three-fourths of its stockhold- ers present and voting at a meeting called for that jDuriJose. Sect. 4. The said Agricultural Branch Railroad Company, May lease to, is hereby authorized to lease its road to any of the aforcmen- or unite with, ' tioned railroad corporations, or it may take a lease of any ti^^J /^"^p""^ 466 1853.- -Chap. 185—186. Terms to be approved by stockholders. such railroad, may unite and make joint stock with such cor- poration, or corporations ; and any such corporations may guarantee payment of dividends on the whole or any part of the stock of this corporation, upon such terms and conditions as the directors of the contracting companies may agree upon, subject to an approval of three-fourths of the stockholders of tliis corporation present and voting at a legal meeting called for that purpose. [Approved by the Governor, April 23, 1853.] O/mp. 186 Office of commis- fioner abolished. Treasurer of district of Marshpee to be appointed for 3 years and to give bonds. Funds to be loaned on interest. An Act to abolish the Office of Commissioner of Marshpee. Be it enacted by the Senate and House of Representatives) in General Court assembled, arid by the authority of the same as follows : Sect. 1. The office of Commissioner of Marshpee, estab- lished by "An Act to establish the District of Marshpee," chap. 166 of the year 1834, is hereby abolished. Sect. 2. It shall be the duty of the governor and council to appoint some suitable person, resident in the county of Barnstable and in the vicinity of said district, to be treasurer of said district, and to fill all vacancies which may happen in said office by death, incapacity, resignation, expiration of term of office, or otherwise. The treasurer shall hold his office for the term of tlii'ee years, or until a successor shall be appointed, unless sooner removed by the governor and council. He shall be treasurer of the Herring Pond Indians, and shall perform and discharge all the duties now required by law of the Commissioner of Marshpee concerning said Herring Pond Indians : and, before entering upon the duties of his office, he shall give bonds to the treasui'er of the commonwealth, ap- proved by the selectmen of said district, and also to the satisfiiction of the governor and council, for the faithful performance of said trusts, which bonds shall be examined annually by the governor and council, and if disapproved shall be renewed, with other or additional security. It shall be the duty of said treasui-er, to keep, collect and disburse all the moneys belonging to said district, under the proper orders, votes and vouchers therefor, duly authorized by the said dis- trict or the selectmen thereof, in conformity to law, and also to keep, collect and disburse all the moneys belonging to the Herring Pond Indians, in the manner the Commissioner of Marshpee was required by law to do : and he shall keep and invest, by deposits, loans or purchase of stocks, or other- wise, in a safe and prudent manner, yielding interest, any and all funds belonging to said district, or to the parish of Mai'sh- 1853. Chap. 186. 467 pec, or to the said Herring Pond Indians, not required for the usual and necessary expenditures thereof: and the said treasurer shall, on or before the first Wednesday in January-, in each year, report to the governor and council, for final Treasurer to settlement, an account of the receipts and disbvirsements of [o^j^^Jvernoi-^ the treasuiy, and of the funds and mode of investing or keep- ^""^ <^o"ncu. ing the same, including his own charge for all necessary ofiicial ser\T:ces : which reports shall be countersigned by the select- men of said district and also by some person appointed by the Herring Pond projirictors, or a majority of them for that purpose, with their respective approval or disapproval of said report : and the treasurer shall subjoin a particular statement of the aftairs of the district and of said Herring Pond Indians, so far as may be necessary for a full understanding of their financial and district concerns, and the governor shall commu- nicate such report and statement to the legislature. Sect. 3. The duties now required by law to be performed Report to be , . . • . made to by the Commissioner of Marshpee, in calling district meetings, legislature. and keeping and correcting a list of voters, shall hereafter devolve upon and be performed by the selectmen of said district, or such person as they may select and appomt for that purpose : and at all district meetings, the proprietors present, jiannerofcaiung entitled to vote, shall choose a moderator, who shall have all »»™'™eeings. the powers appertainmg by law to a moderator in town meeting. Sect. 4. Upon the appointment and qualification of the Treasurer to treasurer under this act, the powers and duties of the existing ment with com in 1,1, •1T_ il missioner, receive commissioner shall cease: and the treasurer is nereby autlio- papers and give rized to make a full settlement with said commissioners, sub- "^^charge. ject to the approval of the selectmen of said district, and to receive the papers and effects belonging to the district or parish of Marshpee, or the Herring Pond Indians, and give sufficient discharge therefor : an account of which, counter- signed by the selectmen of the district, with their approval or disapproval, shall be retui'iied to the governor and council for final settlement. Sect. 5. The said district, at any regular meeting, with selectmen may notice in the warrant that the subject will be acted on, may seirt'ro'ut"or her- authorizc the selectmen of said district to lease or dispose of "°s fishery, etc. the trout or herring fishciy belonging to said district, from time to time, for terms of time not exceeding five years in any one lease, the proceeds to go into the treasury for the benefit of the district ; and they may elect and appoint two or more fish-wardens to protect said fishery : provided the same is not repugnant to the laws of the commonwealth. Sect. 6. All persons who shall sell or deliver to any pro- Penalty for ■*• *' •*■ selling spirituous 468 1853. Chap. 186—188. liquor within i;)rietor or inhabitant of the district of Marshpee, or of the limits of the i -r-.!! • ^'i ••Tl_ii district. Herring Pond plantation, (without a permit signed by the treasurer, or some physician, approved by him,) any spirituous or intoxicating liquor, or who shall conceal, have or keep the same for sale, within the exterior limits or boundaries of said district or plantation, shall be liable to the provisions and penalties of the 5th section of the 143d chapter of the Revised Statutes. Act to apply to Sect. 7. The act concerning the accounts of guardians of treasurersameasj |- passed ou the scconcl dav of April, 1850, shall to commissioner, j-^j-'-i^'i"? X^" j l j j ^ apply to said treasurer to the same extent as to the cornmis- sioners therein mentioned. Sect. 8. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 23, 1853.] Ch(W 187 -^" ^^^ *" relation to the Massachusetts Horticuhural Society. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : May hold real Sect, 1. The Massachusetts Horticultural Society are here- oflioo 00™°"°*^ by authorized to purchase and hold real estate to the amount of one hundred thousand dollars. Sect. 2. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 25, 1853.] Chap 188 -^^ ^^^ concerning Armories for the Use of the Volunteer Militia. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : ^Sfd^vi*th^'' Sect. 1. It shall be the duty of the mayor and aldermen armories at of citics, and of the Selectmen of towns, in tliis commonwealth, state expense. . . ' . " '. -,■,•, r- irom time to time, to provide each and eveiy company oi cav- aliy, artillery, infantry, light infantry, and riflemen, within the limits of their respective cities and towns, which are now or which may hereafter be duly organized undet the laws of the commonwealth, with suitable and proper armories or places of deposit for the safe keeping of the arms and equipments furnished to such company or companies, from time to time, by the adjutant general, under the authority of law ; and the expense thereof shall be paid out of the treasuiy of the com- monwealth, in manner as hereinafter provided. Certificates to be Sect. 2. The Said mayor and aldermen and selectmen shall transmitted" to annually, in either of the months of October or November, adjutant general. ^^^^ ^^^^ ^^j transmit to the office of the adjutant general. 1853. Chap. 188. 469 verified by the oath or iiffirmation of two at least of said mayor and aldermen, or selectmen, a certificate or return showing the name of each company furnished with an armoiy, and the amount paid or allowed for the rent or use thereof; and said certificate or return shall embrace also, in substance, as fol- lows : — that the armory or armories so furnished by said mayor and aldermen or selectmen, are such and such only as, in the , opinion of a majority thereof, are necessary for the legitimate uses of such company or companies as an armory or armories, and that the value of the annual rent thereof, according to the value of real estate in the city or town wherein the same is or are located, is fully equal to the sinn or sums paid or claimed therefor. Sect. 3. The adjutant general, the treasurer and receiver- Accounts to i>e general, and the auditor of this commonwealth, respectively, ofcimmbsi^or'^ for the time being, shall constitute a board of commissioners to examine and audit all accounts and claims for rent of armo- ries made in pursuance of the provisions of this act ; and on or before the first day of January in each year, it shall be the duty of the said board to examine the several returns and certifi- cates mentioned in the preceding section, and to institute such inquiries in relation thereto as they may deem expedient and proper, to cause the same to be corrected if necessary, and to allow such accounts and claims, either in whole or in part, as said commissioners shall deem to be just, and in accordance with the true intent and meaning of this act : provided, how- rrovMed. ever, that in no case whatever shall there be allowed in pay- ment for an armory for any one company, a greater sum annu- ally than three hundred dollars. And it shall be the further commissioneiv duty of the said boiu-d of commissioners to file in the office of ^°ith^trw«frcr!' the treasurer of the commonwealth, within ten days after they shall have completed their said examination, a certificate sign- ed by them, shoAving the sum and sums thus allowed, and the names of the respective companies for whose use the same was allowed, and the city or town to which such companies belong. And the said adjutant general shall thereupon immediately no- Adjutimi gemra! tify the said mayor and aldermen and selectmen of the sum and ^^[^^^^ "**"''*• sums thus allowed ; and the amount thereof shall be paid by ^ the treasurer to the said mayor and aldermen and selectmen, respectively, on demand, in the same manner as is now pro- vided by law for the reimbursement of sums paid out by them to the officers and members of the volunteer militia for military service. Sect. 4, Any person or persons named or referred to in Penalty for this act, Avho shall be guilty of making any false return or cer- rctui™. ^^ tificatc, required by this act to be made under oath, as here- 470 1853.- -Chap. 188—189. Inconsistent acts repealed. inbefore provided, with intent to defraud the commonwealth, shall be deemed to have committed the crime of perjury, and shall be punished therefor accordingly. And if, by reason of such false retm-n or certificate, wilfully made by the mayor and aldermen of any city or the selectmen of any town, or any one or more of them, there shall be paid out of the treasury of this commonwealth to such city or town any sum or sums of money to which such city or town is not entitled according to the true intent and meaning of this act, the city or town so receiving the same shall be punished by a fine not exceeding four times the amount of money so received, to be recovered by indictment in any of the courts of this commonwealth of competent jurisdiction. Sect. 5. All acts and parts of acts inconsistent with the provisions of this act, are hereby repealed. [Approved by the Governor, April 26, 1853.] Chap. 189 Railway track in Groton. To be under direction of ritchburg R. R. Co. To cross Stony Brook R. R. at grade. Road crossing in Groton to be An Act authoi-izing Hem-y Lyon and others to construct a Railway Track in the Town of Groton. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Hemy Lyon, Addison Gage, and Timothy T. Sa'svj^er, their successors and assigns, are hereby authorized to lay a track from the Fitchburg Railroad, at a point near Sandy Pond, in Groton, across the Stony Brook Railroad, and a county road leading from Westford to Harvard, to said Sandy Pond — ^which is to be under the management and control of the Fitchburg Railroad Company. Sect. 2. The track above named shall be laid under the direction and to the satisfaction of the Fitchburg Railroad Company, and is to be used for the transportation of ice in- tended for merchandise, and of materials to be used in secur- ing and preserving it. Sect. 3. The Fitchburg Raihoad Company may have the right to construct and furnish any or all of the materials for said railroad track, and in case they do so, they shall have the right, at any time, to take up such materials as they may furnish. Sect. 4. The track above named where it crosses the loca- tion of the Stony Brook Railroad corporation, shall be laid at grade, under the direction and to the satisfaction of that cor- poration. Said Lyon, Gage and Sawyer, their successors and assigns, are to keep said crossing in good repair within the limits of the location of said Stony Brook Raihoad Corporation. Sect. 5. The track aforesaid, when it crosses the county 1853. Chap. 189—191. 471 road in Groton, shall be laid under the direction and to the selectmen**^ satisfaction of the selectmen of that town. Said Lyon, Gage and Sawyer, their successors and assigns, are to keep said cross- ing and the approaches to it, within the limits of said connty road, in good repair. Sect. 6. This act shall take effect from and after its pas- sage. [Aj)prov€d by the Governor, April 27, 1853.] An Act to repeal the Act incorporating the Real Estate Mutual Fire In- Chap. 190 surance Company. J5e it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folio ivs : The act entitled An Act to incorporate the Real Estate Mu- Act of incnrpora- tual Fire Insurance Company, passed February twelfth, in the yeai' one thousand eight hundred and forty-six, with all acts . in addition thereto, is hereby repealed. [Approved by the Governor, April 27, 1853.] An Act relating to the Enlargement of the State House. C/lCtp. 191 Be it enacted by the Senate and House of Repxesentatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. There shall be erected on the north side of the f^\e''Ke*'*^ State House, a fire-proof building to connect with the main edifice, in general conformity to a plan called No. 3 in the report of the committee appointed by authority of chapter 99 of the resolves of 1852, and dated the 21st of February last, and the sum of sixty -five thousand dollars is hereby ap- $65,ooo propriated for the papnent of the expenses of such erection ; appropj^te"!- and the commissioners hereinafter named shall have power to erect said building, in conformity to any alterations in an ad- dition to said plan, including an enlargement of the Hall of the House of Rej)resentatives, which may be approved by the governor and council. Sect. 2. The crovcrnor, with the advice of the council, is Commispioncrs hereby authorized to appoint three commissioners, who shall and to render superintend the erection of said structure, and their accounts *'"^°"" shall be rendered from time to time to the auditor of accounts, and the governor is requested to draw warrants, from time to time, for their pa\Tnent. Sect. 3. In order to defray any expenses incurred in pur- Treasurer suance of this act, the treasurer is hereby authorized, under the igsue scrip not to direction of the governor, by and with the consent of the ""^'^^^ ^^m- council, to issue scrip or certificates of debt, in the name and 47.'e 1853. Chap. 191—192. behalf of the commonwealth, to an amount not exceeding six- ty-five thousand dollars, redeemable in twenty years from the date thereof and bearing interest at the rate of five per cent, per annum, payable semi-annually ; and all such scrip shall be countersigned by his excellency the governor, and the faith of the commonwealth is hereby pledged for the redemp- tion of the same, as above prescribed. And the treasurer may, under the direction of the governor, with the advice and consent of the council, dispose of any portion of said scrip, at any price not less than the original par value. Ti-easurcr may Sect. 4. The treasurer, under the direction of the gover- (loirow money. ^^^^ ^^ ^^^ with the advicc and consent of the council, may borrow, in anticipation of the scrip authorized as above, of any of the banks of this commonwealth, or of any corporations, or individuals, such sums as may be necessary for the purposes of I'rov-.ioii. this act : prodded, that the whole amount borrowed by author- ity hereof shall not exceed the said sum of sixty -five tkousand dollars. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 27, 1853.] (7l(ip. 192 An Act in addition to An Act entitled, An Act to authorize the organiza- tion of the Lawrence Machine Shop. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Amendment of Sect. 1. Tliat the act to authorizc the organization of the •■"■*• Lawrence Machine Shop be, and the same is hereby amended, so that the proprietors of the said machine shop, and their successors be, and they are hereby constituted a body corpo- wHh'powera" rate, with all the powers and privileges, and subject to all the ihbiiities, cu\ clutios, restrictions, and liabilities, set forth in the thirty-eighth and forty-fourth chapters of the Revised Statutes. And that Part of former SO mucli of the Said act as refers to the act relating to joint »ft repealed. stoclv compauics, passcd in the year 1851, be and the same I'rovided. is hereby repealed : provided, however, that nothing herein contained shall be held to invalidate the organization of the said corporation, or to annul, or impair their acts, contracts, or doings, but the same are hereby confirmed. No shares to be Sect. 2. No sharcs in the capital stock of said company Issued under par. g]^.j| \yQ issucd for a Icss amouut, to bc actually paid in on each, tlian the par value of the shares in the original capital stock of the company. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor April 27, 1853.] 1853. CuAr. 193. 473 An Act establishiug State Scholarships. CJuq). 193 Be it enacted bij the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Forty-ciaflit state scholai-ships ai-c hereby estab- state schoiar- lishcd, to aid in educating and training young men lor the office of principal teacher in the high schools of the common- wealth. Sect. 2. Eacli county in the commonwealth shall, in the Board of Educa- year one thousand eight hundred and fifty-four, again in the counties into yeai- one thousand eight hundred and sixty-one, and every '^* '°°*' ten years thereafter, be divided by the Boai-d of Education, according to its population as determined by the last preceding census, as equally as may be conveniently done, into as many sections as such county is entitled to senators in the general court, except Duke's county and Nantucket, which shall form one section, and all the sections shall be arranged by said board into four classes, of ten each, each of which classes of Boa^^ t^, arrange sections shall be entitled, alternately, once in every four years ^J^°°* ^^^ thereafter, beginning in the year one thousand eight hundred and fifty-four, to one scholarship for each of its sections ; and the year in which each class of sections is to be entitled to scholarships, shall be designated by the Board of Education by lot, and notice thereof shall be given by the secretary of the board, through the mail, to the school committee of each town in such class. Sect. 3. The school committee of every town, in each school committee class of sections, may, in the year designated as aforesaid, re- candid^M*"* commend, as candidates for scholarships, one or more young men, inhabitants of their to^Ti, who, in their opinion, and in the opmion of a competent teacher, to be certified in writing to the Board of Education, will be well fitted for college at the commencement next succeeding, and the Board of Education, together with the senator or senators for the time being, who shall reside within the limits of any section of such class, shall, in the manner hereinafter provided, select from the candidates so recommended, one in each section whom they shall judge most deserving and most likely to become One c«ndidatc useful as a teacher, who, when selected, shall be the scholar to beViected. for such section. If no senator shall reside within the limits of any particular section, the Board of Education shall make the selection for that section, and in case any section in such class shall have no candidate suitiible to be selected as vacancies of aforesaid, his place may be filled by said boai'd from the other meibj board, candidates, recommended as aforesaid from other sections of 66* 474 1853. Chap. 193. the same class ; and if, from a deficiency of candidates pos- sessing the proper qualifications, in any class of sections, less than ten scholars be selected therefrom as aforesaid, the board may complete the number from the state at large ; and the selection shall be made, in that case, after a careful examina- tion as to scholarship, conducted by the Board of Edu- cation. Bnarti may select Sect. 4. If, after the selcctiou of ten scholars from any K-hoiars!^ class of scctious, tlicrc shall be other candidates from such class recommended as aforesaid, who shall be considered by the Board of Education as possessing the requisite qualifica- tions, said board may select therefrom two additional scholars, and, in default of such candidates from such class, they may select such additional scholars from the state at large, in the manner provided for that case in the third section of this act. All candidates shall be persons of irreproachable moral charac- ter, free from any considerable defect of sight or hearing, in good health, and of a healthy constitution. Meetings to be Sect. 5. Meetings shall be held at the office of its secre- swretary^vho^ tary by the Board of Education, and the senators of the »hr.ii give notice, respective sectious aforesaid, at such times, in the month of June next, and in the month of March in each year thereafter, as the board shall appoint, of which its secretary shall give due notice, at which meetings the selections hereby required to be made by the board and such senators, shall be made. The selections to be made by the board alone, may be made at the same time, or at other times in the same year. Scholar may Sect. 6. Any scholar so selected may be educated at either of the colleges now established by law within this commonwealth, which he and his friends may select, and the Board of Educa- Board to pay him tiou shall pav to him, at the end of each year of his college ^100 per year. , course, not exceeding four years, the sum of one hundred dol- !'ro>iaed. lars : provided he shall produce, from the president for the time being of such college, a certificate that he has been, du- ring the year, faithful in his studies, exemplaiy in his deport- ment, and that he ranks, in scholai-ship, among the first half of his class. Vacancy of Sect. 7. If any scholarship shall become vacant during the "how filled. ' term for which its scholar was selected, the vacancy may be filled in the manner provided by this act for the original selec- tion, and the Board of Education shall take all the measures necessary for the filling of such vacancy in the manner afore- said. Scholars may Sect. 8. If any such scholar, after leaving college, shall Rchooislftcr desire to attend one of the state normal schools, he shall be icariiig college, ^llowed the sum of twenty-five dollars for each term, not ex- 1853. Chap. 193—194. 475 cceding two, during "which he shall attend such school, to be paid to him by the Board of Education, upon his producing, from the principal master of such school, a certificate of attend- ance and of his fiiithful and exemplary performance of the re- quirements of such school : provided, however, that such al- lowance be made only out of any unexpended balance of the funds provided by this act. Sect. 9. Any scholar Avho shall have enjoyed the bounty Scholars shaii of the commonwealth in the manner provided by this act, schooirin case" shall teach in the public schools of the commonwealth a term ply^'e"? *** of time equal to that for which he shall have received such bounty, and in case he shall fail so to teach, if in competent health, he shall pay to the treasurer of the commonwealth, at the rate of one hundred dollars a year for the time he shall fiiil so to teach, with interest thereon from the end of his col- lege course, which may be recovered by the treasurer in an action at law ; and, when received, shall be added to the ap- propriation made by this act, and applied to the same purposes : provided, that such scholar shall be under no obligation to Provided. make such payment, if he shall prove, to the satisfaction of the Board of Education, that his failure so to teach has arisen from his inability to find employment. vSect. 10. The sums of tAvelve hundred dollars for the year Sums appropnat- commencing July first, one thousand eight hundred and fifty- pushment of four, twenty-four hundred dollars for the year commencing July first, one thousand eight hundred and fifty -five, thirty-six hundred dollars for the year commencing July first, one thous- and eight hundred and fifty six, and forty-eight hundred dol- lars annually thereafter, are hereby appropriated for the accomplishment of the purposes of this act, under the direc- tion of the Board of Education ; the said sums to be deducted from the proceeds of the public lands or the school fund, ac- cording to the provisions of the act of the year one thousand eight hundred and forty-six, chapter two hundred, and nine- teen ; and the governor, upon the requisition of the Board of Education, shall draw his warrants therefor. Sect. 11. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 27, 1853.] An Act concerning Implements of Burglary. CIlCip. iy4 Be it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Every- person who shall make or mend, or begin Penalty for l"'* 1 1 -11 • ^ ■ • making, holding, to make or mend, or knowmgly have m his possession, any 476 1853. -Chap. 194—195. using, etc., burglarious instrumeuts. engine, machine, tool or implement, adapted and designed for cutting through, forcing or breaking open any building, room, vault, safe, or other depository, in order to steal therefrom any money or other property, or to commit any other crime, know- ing the same to be adapted and designed for the purpose aforesaid, with intent to use or employ or allow the same to be used or employed for the purpose aforesaid ; shall be pun- ished by imprisonment in the State Prison not more than ten years, or by fine not exceeding one thousand dollars, and im- prisonment in the County Jail or House of Correction not more than three years. [Approved by the Governor, April 27, 1853.] Chew. 195 An Act in addition to an Act authorizing the Erection of a Second Hospital for the Insane. He it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows : Sect. 1. The sum of fifty thousand dollars is hereby ap- propriated for the purpose of completing the second hospital for the insane, now being erected in Taunton, to be expended under the authority of the commissioners provided in the act to which this is in addition. Sect. 2. The sum of twenty thousand dollars is hereby appropriated for the purpose of furnishing and providing for the occupancy of said hospital, to be expended under the au- thority of trustees, hereafter to be appointed, according to law. Sect. 3. In order to provide the means to defray the ex- penses contemplated in the first and second sections of this act, the treasurer is hereby emj)owered, under the direction of the governor, with the advice and consent of the council, to issue scrip or certificates of debt, in the name and behalf of the commonwealth, and under liis signature and the seal of the commonwealth, to an amount not exceeding seventy thousand dollars, bearing an interest of five per cent, per an- num, payable semi-annually, on the first days of April and October, with warrants for the interest attached thereto, signed by the treasurer, which scrip or certificates shall be redeema- ble on the first day of April, in the year one thousand eight hundred and sixty-five, and shall be countersigned by the gov- ernor of the commonwealth, and be deemed a pledge of the faith and credit of the commonwealth for the redemption thereof. And the treasurer may, under the direction of the governor and council, dispose of any portion of siiid scrip at any price not less than its par value. $60,000 appro- priated for completion. )3;20,000 for furnishing. Treasurer to issue scrip to amount of S70.000. 1853. Chap. 195—197. 411 Sf.(T. 4. The treasurer, imdei- the direction of the govern- Troasurcr may , •-, 1 . ... Cii* r borrow inonov. or and council, may borroAv, in anticipation oi the issue oi any of the scrip authorized as above, such sums as may be neces- sary for the purposes of this act : provided, tJiat the whole ProTidcd. amount borrowed by authority liereof, and remaining unpaid, shall at no time exceed the amount of seventy thousand dollars. Sect. 5. This act shall take effect from and after its passage. [Approved by the Governor, April 27, 1853.] An Act to extend tlie Jmisiliction of Police Courts in Cases of Assault C/iap. 196 and Battery. Be it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sfx'T. 1. The several police courts of this commonwealth, poUcc courts w in addition to the jurisdiction now exercised by them in cases jurlsdiction'in"" of assault and battery, shall have concurrent jurisdiction with ''""''° '^*'^'- the municipal court of Boston, and the court of common pleas in the several counties of the state, of all cases of assault and battery, except where such assault and battery shall be com- mitted with intent to commit some other offence, or with a weapon dangerous to life, or where the life of the person as- saulted is endangered, or where the person assaulted is maimed. And for such assault and battery, said courts may punish by fine not exceeding thirty dollars, or by imprisonment in the county jail or house of correction, not exceeding six months. Skct 2. Said police courts may, in their discretion, de- Police courts dine to take final jurisdiction of any case of aggravated assault snai jurisdiction. and battery, and may send the same, as now, to the court of common pleas, or to the municipal court of Boston for trial. And any person con\'ictcd under the provisions of this act. And persons T,,-,"^-, . ■, p 1 • ^ ^ ' convicted may shall have the right oi ajipeai m the same manner that is now appeal, possessed by persons convicted of assault before a police court. [Approved by the Governor, April 27, 1853.] All .\ct to increase tiie Ca^/ital Stock of the Hampshire Manufacturers Chcip. 197 Bank. ^ Bi it enacted by the Senate and House of Representatives, in (rcneral Court assembled, and by the authority of the same, as folio IV s : Sk( r. 1. The president, directors, and company of the $50,ooo addi- llampshire Manufacturers Bank, in Ware, are hereby author- """^ "^^^ i/.ed to increase their present capital stock by an addition there- to of fifty thousand dollars, in shares of one hundred doUai-s 478 1853. -Chap. 197—198. Proviso. Remoustrances to be m' ^^ ^^^^ stockholders of said bank remon- strate against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank, on or before the first day of July next : and if the persons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Additional cjtpital S50,000 rr • 11 ii be filod with ness on said additional capital, a certincate signcci by the secretary president and directors, and attested by the cashier under " " ^ *• oath, tliat tlie same has actually been paid into said bank, shall be returned into the office of the secretary of the common- wealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 28, 1853.] An Act to increase the Capital Stock of the Freeman's Bank. Okop. 202 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors and company of the Ad-iiHonai^ ^^ Freeman's Bank in Boston, are hereby authorized to increase their present capital stock, by an addition thereto of fifty thousand dollars, in shares of one hundred dollars each, Avhich shall be paid in such instalments as the president and directors may determine : provided, that the whole amount shall be paid Proviso, in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 2. If any of the stockholders of said bank remon- Remonstrance t<. !• ^ -\ ^■ • 1 • 1 1. . be in writing. strate against the acceptance of the adchtional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank, on or before the first day of July next : and, if the persons, so objecting, legally represent one- fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into AJ.iitionai ^ ^ . capital subject said bank, shall be subject to the like tax, regulations, re- to tax. strictions, and provisions, to which the present capital stock of said bank is now subject. Se(T-. 4. Before said corporation shall proceed to do busi- Certificate to .,,,.. 1 -1 .r,^ ■ 11 1 be filed With ness on said additional capital, a certificate signed by the secretary president and directors and attested by the cashier under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the commonwealth. Sect. 5. This act shall take eficct from and after its pas- sage. [Approved by the Governor, April 28, 1853.] 56 482 1853. -Chap. 203—204. Chap. 20: AdditionpJ capital 850,000. ProTJso. Remonstrance to be in writing. Additional capital subject to ta.x. C'evtifieate to be filed with secretary of state. An Act to increase tlie Capital Stock of the Leicester Bank. 5e it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors and company of the Leicester Bank, in Leicester, are hereby authoiized to in- crease their present capital stock by an addition thereto of fifty thousand dollars, in shares of one himdi-ed dollars each, which shall be paid in such instalments as the president and du-ec- tors may determine : provided, that the whole amount shall be paid in before the first day of INIay in the yeai* one thou- sand eight hundred and fifty-four. Sect. 2. If any of the stockholders of said bank remon- strate against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank, on ' or before the first day of July next ; and if the persons so objecting legally represent one- fourth pait of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid when paid into said bank shall be subject to the like tax, regulations, restric- tions and provisions, to which the present capital stock of said bank is now subject. Sect. 4. Befor^ said corporation shall proceed to do busi- ness on said additional capital, a certificate, signed by the pre- sident and directors, and attested by the cashier under oath, that the same has actually been paid into said bank, shall be returned into the ofiice of the secretary of the common- wealth. Sect. 5. This act shall take eflTect from and after its pas- sage. [Approved by the Governor, April 28, 1853.] Chap. 204 Additional capital §50,000. Proviso. An Act to increase the Capital Stock of the Old Colony Bank. Be it enacted by the Seriate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors and company of the Old Colony Bank, in Plymouth, are hereby authorized to increase their present capital stock, by an addition thereto of fifty thou- sand dollars, in shares of one hundi'ed dollars each, which shall be paid in such instalments as the president and directors may determine : provided, that the whole amount shall be paid in before the first day of May, in the year one thousand eight hundred and fifty -four. 1853. Chap. 5204—205. 483 Sect. 2. If any of the stockholders of said bank remon- Remonstrance to 1 I'l iT'i -ll-- be in writing stratc ru^ainst the acceptance or the additional capital herein pi-ovided, the said remonstrance shall be made in writing to the casliier of the bank, on or before the first day of July next ; and if the persons, so objecting, legally represent one-fourth part of the present capitiil stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into Adauionu .1111111 1. iTi 1 • • capital subject said bank, shall be subject to the like tax, regulations, restric- to tax. tions and provisions, to which the present capital stock of said bank is now subject. Sect. 4. Before said corporation shall proceed to do busi- Certificate tr- ness on said additional capital, a certificate, signed by the pres- secretary ident and directors, and attested by the cashier under oath, that the same has actually been paid into said bank, shall be retui-ned into the office of the secretary of the commonwealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 28, 1853.] An Act to increase the Capital Stock of the Union Bank of Weymouth Chap. 205 and Braintree. Be it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors and company of the Union Additional Bank of Weymouth and Braintree, in Weymouth, are hereby ^'^^^ ''' '' authorized to increase their present capital stock by an addition thereto of fifty thousand dollai-s, in shares of one hundred dollars each, which shall be paid in such instalments as the president and cUrectors may determine : provided, that the Proviso, whole amount shall be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 2. If any of the stockholders of said bank remon- Remonstrance to stratc against the acceptance of the additional capital herein ^™^^" ' provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next ; and if the persons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid when paid into said ^'''Ij^i""^^^^.^ bank, shall be subject to the like tax, regulations, restrictions to tax. and provisions, to wliich the present capital stock of said bank is now subject. Sect. 4. Before said corporation shall proceed to do busi- certificate to ness on said additional capital, a certificate signed by the pres- ^cretaiy '" ident and directors and attested by the casliier under oath, that of state. 484 1853. Chap. 205—207. the same has actually been paid into the said bmik, shall be returned into the office of the secretary of the commonwealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 28, 1853.] Cheep. 20G An Act to increase the Capital Stock of the Iladley Falls Bank. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : «i|)Uar'$ioo 000 Sect. 1. The president, directors, and company of the Hadley Falls Bank, at Holyoke, are hereb)'' authorized to increase their present capital stock by an addition thereto of one hundi'ed thousand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president Proviso. and directors may determine : provided, the whole amount shall be paid in before the first day of May, in the year one thou- sand eight hundred and fifty -four. LTa writLT *° ^^^'^- ^- If ^^^y of the stockholders of said bank remon- strate against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the person so objecting, legally represent one-fourth part of the ]3rescnt capital stock of said corporation, it shall not be entitled to the benefit of this act. ra^UaUub-ect Sect. 3. The additional stock aforesaid, when paid into to tax. said bank, shall be subject to the like tax, regulations, restric- tions, and provisions, to which the present capital stock of said bank is now subject. befiied with" Sect/ 4. Bcforc said corporation shall proceed to do busi- of*state ^ ness on said additional capital, a certificate signed by the pres- ident and directors, and attested by the cashier, under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the commonwealth. Sect. 5. This act shall take effisct from and after its pas- sage. [Approved by the Governor, April 28, 1853.] vntlj'). -jU / ^jj ^Pt ^Q increase the Capital Stock of the Massasoit Bank. Se it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folloivs : c^a'pltariioo 000. Sect. 1 The president, directors, and company of the Massasoit Bank, in Fall River, are hereby authorized to in- crease their present capital stock by an addition thereto of one hundred thousand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president 1853 —Chap. 207—208. 485 and directors may determine : provided, that the whole amount Proviso, shall be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 2. If any of the stockholders of said bank remon- Romonstrance to , <• 1 IT- 1 • 1 1 . be in ^vritinx strate against the acceptance ot the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the person so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of tins act. Sect. 3. The additional stock aforesaid, when paid into Additional said bank, shall be subject to the like tax, regulations, restric- to tax. tions, and provisions, to which the present capital stock of said bank is now subject. Sect. 4. Before said corporation shall proceed to do busi- certificate to, l)c filed witli ness on said additional capital, a certificate signed by the pres- secretary ident and directors, and attested by the cashier, under oath, " that the same has actually been paid into said bank, shall be returned into the office of the secretary of the commonwealth. Sect. 5. This act shall take effect from and after its passage. [Approved by the Governor, April 28, 1853.] An Act to increase the Capital Stock of the Hampden Bank. Chcip. 208 Be it enacted by the Senate and House of Representatives, in General Cotirt assembled, and by the authority of the same, as follows : , Sect. 1. The president, directors, and company, of the Additional Hampden Bank, in Westfi eld, ai'e hereby authorized to increase **^' their present capital stock, by an addition thereto of fifty thou- sand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president and direc- tors may determine : provided, the whole amount shall be paid Proviso, in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 2. If any of the stockholders of said bank remon- Remonstrance to be in wTitms? strate against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the person so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into Additional said bank, shall be subject to the like tax, regulations, restric- toux. '"^ ■"*" tions, and provisions, to wliich the present capital stock of said bunk is now subject. 66* 486 1853.- -Chap. 208—210. Certificate to be filed with secretary of state. Chap. 209 Additional capital $50,000. Remonfltrance to be in writing. Additional capital subject to tax Cci'tificate to be filed witi secretary of state. Sect. 4. Before said corporation shall proceed to do busi- ness on said additional capital, a certificate signed by the pres- ident and directors, and attested by the cashier, under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the commonwealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 28, 1853.] An Act to increase the Capital Stock of the Dedham Bank. Be it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors, and company of the Dedham Bank, in Dedham, are hereby authorized to increase their present capital stock by an addition thereto of fifty thou- sand dollars, in shares of one hundi-ed dollars each, which shall be paid in such instalments as the president and direc- tors may determine : provided, that the whole amount shall be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 2. If any of the stockholders of said bank remon- strate against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the persons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into said bank, shall be subject to the like tax, regulations, restric- tions, and provisions, to which the present capital stock of said bank is now subject. Sect. 4. Before said corporation shall proceed to do busi- ness on said additional capital, a certificate signed by the pres- ident and directors, and attested by the cashier, under oath, that the same has actually been paid into the said bank, shall be returned into the office of the secretary of the commonwealth. Sect. 5. This act shall take effect from and after its passage. [Approved by the Governor, April 28, 1853.] C/iap. 210 -^'^ ^^^ ^^ increase the Capital Stock of the Waltham Bank of Waltham. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors, and company, of the AValtham Bank, of Waltham, are hereby authorized to increase -Additional capital $50,000. 1853. Chap. 210—211. 487 their present capital stock by an addition thereto of fifty thou- sand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president and direc- tors may determine : provided, that the whole amount shall be proviso. paid in before the first day of May, in the year one thousand , eight hundred and fifty-four. Sect. 2. If any of the stockholders of said bank rcmon- Remonstrance to strate against the acceptance of the additional capital herein ^ ^^ ^" '"^' provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the persons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into Additional said bank, shall be subject to the like tax, regulations, restric- to tax. tions, and provisions, to which the present capital stock of said bank is now subject. Sect. 4. Before said corporation shall proceed to do busi- certificate to ness on said additional capital, a certificate signed by the pres- secretary ident and directors, and attested by the cashier, under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the commonwealth. Sect. 5. This act shall take efiect from and after its pas- sage. [Approved by the Governor, April 28, 1853.] An Act to increase the Capital Stock of the Grocers Bank. Ckop. 211 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors, and company, of the Additional r^ -di-4jx I- \. ^-u • \ 4. ' capiui $200,000. (jrrocers rJank, m iioston, are hereby authorized to increase their present capital stock by an addition thereto of two hun- dred thousand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president and directors may determine : provided, that the whole amount shall proviso. be paid in before the first day of May, in the year one thousand eight himdred and fifty-four. Sect. 2. If any of the stockholders of said bank remonstrate Remonstrance to against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the persons so objecting legally represent one-fourth part of the present capital stock of said corporation, it shall not be enti- tled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into Additional 488 1853. -Chap. 211—212. capital subject to tax. Certificate to be filed with secretary of state. said bank, shall be subject to the like tax, regulations, restric- tions, and provisions, to which the present capital stock of said bank is now subject. Sect. 4. Before said corporation shall proceed to do busi- ness on said additional capital, a certificate signed by the pres- ident and directors, and attested by the cashier, under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the commonwealth. Sect. 5. Tliis act shall take effect from and after its passage. [Approved by the Governor, April 28, 1853.] Chap. 212 Additional capital $50,000. Remonstrance to be in writing. Additional capital subject to tax. Certificate to be filed with secretary of state. An Act to increase the Capital Stock of the Boylston Bank. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors, and company, of the Boylston Bank, in Boston, are hereby authorized to increase their present capital stock by an addition thereto of fifty thousand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president and directors may determine : provided, that the whole amount shall be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 2. If any of the stockholders of said bank remon- strate against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the persons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into •said bank, shall be subject to the like tax, regulations, restric- tions, and provisions, to which the present capital stock of said bank is now subject. Sect. 4. Before said corporation shall proceed to do busi- ness on said additional capital, a certificate, signed by the presi- dent and directors, and attested by the cashier, under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the commonwealth. Sect. 5. This act shall take eflfect from and after its passage. [Approved by the Governor, April 28, 1853. 1853. Chap. 213—214. 489 An Act to increase the Capital Stock of the Cambridge Market Bank. (JJio/p^ 213 3c it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president directors, and company, of the Additional Cambridge Market Bank, in Cambridge, are hereby author- ized to increase their present capital stock by an addition thereto of fifty thousand dollars, in shares of one hundi-ed dollars each, which shall be paid in such instalments as the president and directors may determine : provided, that the Proviso. whole amount shall be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 2. If any of the stockholders of said bank remon- Bcmonstrance to strate against the acceptance of the additional capital herein "^ ^^ ^" "^^' provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the persons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into Additional said bank, shall be subject to the like tax, regulations, restric- to tox. ^" ^^'^ tions, and provisions, to wliich the present capital stock is now subject. Sect. 4. Before the said corporation shall proceed to do certificate to business on the said additional capital, a certificate signed by the secretary president and directors, and attested by the cashier, uaider oath, " *"* ®' that the same has actually been paid into said bank, shall be returned into the office of the secretary of the commonwealth. Sect. 5. This act shall take effect from and after its pass- age. [^Approved by the Governor, April 28, 1853.] An Act to increase the Capital Stock of the Laighton Bank. Chap. 214 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors, and company,^ of the 1^^^50,000. Laighton Bank, in Lynn, are hereby authorized to increase their present capital stock by an addition thereto of fifty thou- sand dollai's, in shares of one hundred dollars each, which shall be paid in such instalments as the president and directors may determine : provided, that the whole amount shall be paid Proviso. in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 2. If anv of the stockholders of said bank remon- Remonstrance to 1 " /.I IT- 1 ' 1 1, .bem wnting. Strate agamst the acceptance of the additional capital nerein 490 1853. -Chap. 214—215. Additional capital subject to tax. Certificate to be filed with secretary of state. provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next ; and if the persons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into said bank, shall be subject to the hke tax, regulations, restric- tions, and provisions, to which the present capital stock is now subject. Sect. 4. Before said corporation shall proceed to do busi- ness on said additional capital, a certificate signed by the president and directors, and attested by the cashier, under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the common- wealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 28, 1853.] Chap. 215 Additional capital $50,000. Remonstrance to be iu writing. Additional capital subject to tax. Certificate to be filed with .secretary of 8tate. An Act to increase the Capital Stock of the Westfield Bank. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors, and company, of the Westfield Bank in Westfield, are hereby authorized to increase their present capital stock by an addition thereto of fifty thousand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president and direct- ors may determine : provided, the whole amount shall be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 2. If any of the stockholders of said bank remon- strate against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the casliier of the bank on or before the first day of July next, and if the persons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into said bank, shall be subject to the like tax, regulations, re- strictions, and provisions, to which the present capital stock of said bank is now subject. Sect. 4. Before said corporation shall proceed to do busi- ness on said additional capital, a certificate signed by the pre- sident and directors, and attested by the cashier, under oath, that the same has actually been paid into said bank, shall be 1853. Chap. 215—217. 491 retm-ned into the office of the secretary of the common- wealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 28, 1853.] An Act to increase the Capital Stock of the Milford Bank. C%«^;. 216 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors, and company, of the ^a'^pUar$5o,ooo. Milford Bank, in INIilford, are hereby authorized to increase their present capital stock by an addition thereto of fifty thou- sand dollars, in shares of one hundred dollars each, Avhich shall be paid in such instalments as the president and directors may determine : provided, that the whole amount shall be paid Proviso. in before the first day of May, in the year one thousand eight hundi-ed and fifty-four. Sect. 2. If any of the stockholders of said bank remon- Remonstrance to strate against the acceptance of the additional capital herein ^'^ "* anting- provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the persons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into Additional said bank, shall be subject to the like tax, regulations, restric- to tax. tions, and provisions, to which the present capital stock of said bank is now subject. Sect. 4. Before said corporation shall proceed to do busi- certificate to ness on said additional capital, a certificate signed by the pres- se'crcLry ident and directors, and attested by the cashier, under oath, °^^'^*^- that the same has actually been paid into the said bank, shall be returned into the office of the secretary of the commonwealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 28, 1853.] An Act to increase the Capital Stock of the Barnstable Bank. CJldp. 217 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors, and company, of the ^fj,'|i^°$^.ooo. Barnstable Bank, in Yarmouth, are hereby authox-izcd to increase their present capital stock by an addition thereto of fifty thousand dollars, in shares of one hundred dollars each. 493 1853. Chap. 217—218. which shall be paid in such instalments as the president and Proviso. directors may determine : provided, that the whole amount shall be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Kemonstrance to Sect. 2. If any of the stocklioldcrs of said bank remon- strate against the acceptance ' of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next ; and if the persons so objecting legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of tliis act. Additional Sect, 3. The additional capital stock aforesaid,when paid into to u'xl ^"^^^'^^ said bank, shall be subject to the like tax, regulations, restric- tions, and provisions, to which the present capital stock of said bank is now subject. ceitificate to Sect. 4. Before said corporation shall proceed to do busi- seerotary^ Hcss ou Said additional capital, a certificate signed by the pres- of state. ident and directors, and attested by the cashier, under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the commonM'ealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 28, 1853.] Chnrt '^IS ■^^ ^'^^ ^° increase the Capital Stock of the North Bank. He it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Additional Sect. 1. The president, directors, and company of the capita J . . ]N^Qj^.|.]^ Bank, in Boston, are hereby authorized to increase their present capital stock by an addition thereto of one hundred and fifty thousand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president Proviso. and directors may determine: provided, the whole amount shall be paid in before the first day of IVIay, in the year one thousand eight huncb*ed and fifty-four. Remonstrance to Sect. 2. If any of the stockholdcrs of said bank remon- )e in writing. gtx'ate agaiust the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the persons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Additional Sect. 3. Tlic additional stock when paid into said bank, capital subject i n i i • i ti ^ • • • j to tax. shall be subject to the like tax, regulations, restrictions, ana provisions, to which the present capital stock of said bank is now subject. 1853. Chap. 218—219. 493 Skct. 4. Before said corporation shall proceed to do bu- brmed'^wuir siucss on said additional capital, a certificate signed by the s'^cretury president and directors, and attested by the cashier, under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the common- Avealth. Sect. 5. This act shall take effect from and after its pas- sage. [Aj}jprovcd by the Governor, April 28, 1853.] An Act to increase the Capital Stock of the Shawmiit Bank. C/lClJ). 219 Be it enacted by the Senate and House of Reiiresentatives , in General Court assembled, and by the authority of the same, as follows: Sect. 1. The president, directors, and company, of the '*^'^'?i","SoL /w. . ^ ^ ' 1 • 1 • capital ;S250,00<). Shawmut liank, m iJoston, are hereby authorized to increase their present capital stock by an addition thereto of tAvo hun- dred and fifty thousand dollars, in shares of one hundred dol- lar's each, "which shall be paid in such instalments as the pre- sident and directors may determine : provided, that the whole Proviso, amount shall be paid in before the fii'st day of May, in the year one thousand eight hundred and fifty-four. Sec^t. 2. If any of the stockholders of said bank remon- Remonstrance to 1 r. ■, IT- 1 • ^ 1 .be in writing. strate against tlie acceptance oi the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the persons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of tliis act. Sect. 3. The additional stock aforesaid, when paid into Addition.ii said bank, shall be subject to the like tax, regulations, restric- toTax. ^" ^■'**'' tions, and provisions, to wliich the present capital stock of said bank is now subject. Sect. -4. Before said corporation shall proceed to do bu- Certificate to . .,,,.. , ., • n • Ti i'^^ fi\cA with siness on said, additional capital, a certuicate signed by the sccretiry president and directors, and attested by the cashier, under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the common- wealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 28, 1853.] S7 494 1853. Chap. 220—221. Chap. 220 An Act to increase the Capital Stock of the Central Bank. jBe it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Additional Sect. 1. The president, directors, and company, of the capital u , . Qgj^(.j.3^j Banlc, in Worcester, are hereby authorized to increase their present capital stock by an addition thereto of one hun- dred thousand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president and Proviso. directors may determine : provided, that the whole amount shall be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Remonstrance to Sect. 2. If any of the stoclcholdcrs of said bank remon- be m writing. , .•' „, it- i -ii strate against the acceptance oi ' the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the persons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Additional Sect. 3. The additional stock aforesaid, when paid into to tax. the said bank, shall be subject to the like tax, regulations, re- strictions, and provisions, to which the present capital stock of said bank is now subject. Certificate to Sect. 4. Before said corporation shall proceed to do busi- swrotary"'^ ncss ou Said additional capital, a certificate signed by the pre- of state. sident and directors, and attested by the cashier, under oath, that the same has been actually paid into said bank, shall be returned into the office of the secretary of the common- wealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 28, 1853.] Chun. 221 An Act to increase the Capital Stock of the Lee Bank. He it enacted by the Senate and Mouse of Representatives, in General Court assembled, and by the authority of the same, as follows : Additional Sect. 1. The president, directors, and company, of the capit , . -j-^gg Bank, in Lee, are hereby authorized to increase their present capital stock by an addition thereto of fifty thousand dollars, in shares of one huiidi'ed dollars each, which shall be paid in such instalments as the president and directors may Proviso. determine : provided, the whole amount shall be paid in be- fore the first day of May, in the year one thousand eight hun- dred and fifty-four. 1853. Chap. 221—222. 495 , Sect. 2. If any of the stockholders of said bank remon- Remonstrance to stratc against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of Jvdy next, ;md if the persons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into Additional ,. . capitiU subject said bank, shall be subject to the like tax, regulations, restric- to tax. tions, and provisions, to wliich the present capital stock of said bank is now subject. Sect. 4. Before said corporation shall proceed to do busi- Certificate to .,,,.. , . , -, ■(, • -i 1 1 be filed with ness on said additional capital stock, a certmcate signed by the secretary president and directors, and attested by the cashier, under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the commonwealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 28, 1853,] An Act to increase the Capital Stock of the Gloucester Bank. C/ia^). 222 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors, and company, of the Additional Gloucester Bank ai'e hereby authorized to increase their pres- "''P'*^* SiOO.OOO. ent capital stock by an addition thereto of one hundred thou- sand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president and directors may determine : provided, that the whole amount shall be paid Proviso. in before the first day of ISIay, in the year one thousand eight hundred and fifty-four. Sect. 2. If any of the stockholders of said bank remon- Remonstrance to strate against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the persons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into ^''Ij^rrebject said bank, shall be subject to the like tax, regulations, restric- to ta.x. tions, and provisions, to which the present capital stock is now subject. Sect. 4. Before said corporation shall proceed to do busi- certificate to .,,,.. . . \ ._ '■ . ,, , be filea with ness on said additional capital, a certificate signed by the pres- secretary ident and directors, and attested by the cashier, under oath, 496 1853. -Chap. 2^12—224. that the same has actually been paid into said bank, shall be returned into the office of the secretary of the commonwealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 28, 1853.] Chap. 223 Additional capital 150,000. Reinonstranee to be iu writing. Additional capital subject to tax. Certificate to be filed with secretary of state. An Act to increase the Capital Stock of the Granite Bank. ^ Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors, and company, of the Granite Bank, in Boston, are hereby authorized to increase their present capital stock by an addition thereto of one hun- dred and fifty thousand dollars, in shares of one hundred dol- lars each, which shall be paid in such instalments as the pres- ident and directors may determine : provided, that the whole amount shall be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 2. If any of the stockholders of said bank remon- strate against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the persons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into said bank, shall be subject to the like tax, regulations, restric- tions, and provisions, to which the present capital stock of said bank is now subject. Sect. 4. Before said corporation shall proceed to do busi- ness on said additional capital, a certificate signed by the pres- ident and directors, and attested by the cashier, under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the commonwealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 28, 1853.] Chap. 224 An Act to increase the Capital Stock of the Mechanics Bank in Wor- ^ ' cestcr. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Additional Sect. 1. The president, directors, and company, of the tapi d .,o , . ]y£g^.}j^j^jgg J3ank in Worcester, are hereby authorized to in- crease their present capital stock by an addition thereto of fif- 1853. Chap. 2!24— 225. 497 ty thousand dollai's in shares of one hundred dollars each, which shall he paid in such instalments as the president and directors may determine : provided, that the whole amount Proviso, shall be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 2. If any of the stockholders of said bank remon- Remonstnuicc to strate against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the persons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into Additional said bank, shall be subject to the like tax, regulations, restric- to^tw^ '"''■'*''' tions, and provisions, to which the present capital stock of said bank is now subject. Sect. 4. Before said corporation shall proceed to do bu- Certificate to •TIT- 1 ■ ^ -n • 1 1- i.1- be filed with smcss on said additional capital, a certmcate signed by tnepre- secretary sident and directors, and attested by the cashier, under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the common- wealth. Sect. 5. This act shall take effect fi-om and after its pas- sage. [Approved by the Governor, April ^8, 1853.] An Act to increase the Capital Stock of the Prescott Bank of Lowell. O/iaj). 225 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors, and company, of the Additional Prescott Bank, of Lowell, are hereby authorized to increase their present capital stock by an addition thereto of fifty thou- sand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president and direc- tors may detennine : provided, that the whole amount shall Proviso be paid in before the first day of May, in the year one thou- sand eight hundred and fifty-four. Sect. 2. If any of the stockholders of said bank remon- Remonstrance to ,•' /., iT'i •!! • be in writing. strate against the acceptance ol the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the persons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. 498 1853. -Chap. 225—226. Additional capital subject to tax. Certificate to be filed with secretary of state. Sect. 3. The additional stock aforesaid, when paid into said bank, shall be subject to the like tax, regulations, restric- tions, and provisions, to wliich the present capital stock of said bank is now subject. Sect. 4. Before said corporation shall proceed to do bu- siness on said additional capital, a certificate signed by the pre- sident and directors, and attested by the cashier, under oath, that the same has been actually paid into the said bank, shall be returned into the office of the secretary of the common- wealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 28, 1853.] * Additional capital $50,000, Proviso. Tiemonstrance to be IH writing. Cluip. 226 An Act to increase the Capital Stock of the Lynn 3Iechauics Bank ^^e it enacted by the Senate arid House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors, and company, of the Lynn Mechanics Bank, in Lynn, are hereby authorized to in- crease their present capital stock by an addition thereto of fifty thousand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president and directors may determine : provided, that the whole amount shall be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 2. If any of the stockholders of said bank remon- strate against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the persons so objecting, legally represent one- fourth part of the capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into said bank, shall be subject to the like tax, regulations, restrictions, and provisions, to which the present capital stock of said bank is now subject. v Sect. 4. Before said corporation shall proceed to do busi- ness on such additional capital, a certificate signed by the president and directors, and attested by the cashier, under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the common- wealth. Sect. 5. This act shall take effect from and after its passage. [Approved by the Governor, April 28, 1853.] Additional capital subject to tax. Certificate to be filed with secretary of state. 1853. Chap. 227—228. 499 An Act to increase the Capital Stock of the Bank of North America. CJlup. 22 ^ Be it enacted by the Senate ami House of Representatives, in General Court assembled, and by the authority of the same, as folloivs : Sect. 1. The president, dii-ectors, and company, of the Bank Additional of North America, in Boston, are hereby authorized to in-'^"'^'^ " ' crease their j^resent capital stock by an addition thereto of two hundred and fifty thousand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president and directors may determine : provided, that the Proviso- whole amount shall be paid in on or before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 2. If any of the stockholders of said bank remon- Remonstrance to strate against the acceptance of the additional capital herein "^"^^^"'"s- provit.jd, the said remonstrance shall be made in writing to the casliier of the bank on or before the first day of July next, and if the persons so objecting legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional capital aforesaid, when paid into Additional said bank, shall be subject to the like tax, regulations, restric- to tax. '^ tions, and provisions, to wliich the present capital stock of said bank is now subject. Sect. 4. Before said corporation shall proceed to do busi- ^^ fijg^^'^t'j^ ness on said additional capital, a certificate signed by the secretary president and directors, and attested by the cashier, under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the common- wealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 28, 1853.] An Act to increase tlie Capital Stock of the Eagle Bank. Chap. 228 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folloivs : Sect. 1. The president, directors, and company, of ^^^ Additional ^^ Eagle Bank, in Boston, are hereby authorized to increase their '^^^^ ^ present capital stock by an addition thereto of two hundred thousand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president and directors may determine : provided, that the whole amount shall be paid Proviso, in before the first day of May, in the year one thousand eight hundred and fifty-fom*. 500 1853. ■Chap. 228—229. Remonstrance to be in writing Additional capital subject to tax. Certificate to be filed with secretary of state. Sect. 2. If any of the stockholders of said bank remon- strate against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the persons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into said bank, shall be subject to the like tax, regulations, restric- tions, and provisions, to wliich the present capital stock of said bank is now subject. Sect. 4. Before said corporation shall proceed to do busi- ness on such additional capital, a certificate signed by the president and du-ectors, and attested by the cashier under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the commonwealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 28, 1853.] Chap. 229 Additional capital S500,000. Proviso. Remonstrance to be in writing. Additional capital subject to tax. Certificate to be filed with secretary of ftate. An Act to increase the Capital Stock of tlie Bank of Commerce. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors, and company, of the Bank of Commerce, in Boston, are hereby authorized to increase their present capital stock by an addition thereto of five hundred thousand dollars, in shai-es of one hundred dollars each, which shall be paid in such instalments as the president and directors may determine : provided, that the whole amount shall be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 2. If any of the stockholders of said bank remon- strate against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the persons so objecting legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect, 3. The additional stock aforesaid, when paid into said bank, shall be subject to the like tax, regulations, restric- tions, and provisions, to which the present capital stock of said bank is now subject. Sect. 4. Before said corporation shall proceed to do busi- ness on said additional capital, a certificate signed by the pres- ident and directors, and attested by the cashier, under oath. 1853. Chap. 229—231. 501 that the same has actually been paid into said bank, shall be returned into the office of the secretary of the commonwealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 28, 1853.] An Act to increase the Capital Stock of the Worcester Bank. C/lCCp. 2o0 Be it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors, and companv, of the Additional Txr -n 1 • ^T^ i i i • i • capital 850,000. Worcester iiank, m VV orcester, are hereby autiiorizea to in- crease their present capital stock by an addition thereto of fifty thousand dollars, in shares of one hundi'ed dollars each, which shall be paid in such instalments as the president and directors may determine : provided, that the whole amount shall be paid Proriio. in before the first day of May, in the year one thousand eight huncked and fifty-four. Sect. 2. If any of the stockholders of said bank remon- Remonstrance to strate against the acceptance of the additional capital herein pro"\dded, the said remonstrance shall be made in "writing to the cashier of the bank on or before the first day of July next, and if the persons so objecting legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into Additional said bank, shall be subject to the like tax, regulations, restric- to tax. tions, and provisions, to which the present capital stock of said bank is now subject. Sect. 4. Before said corporation shall proceed to do busi- Certificate to ness on said additional capital, a certificate signed by the pres- secretiiy ident and directors, and attested by the cashier, under oath, ''^*'^'*- that the same has actually been paid into said bank, shall be returned into the office of the secretary of the commonwealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 28, 1853.] An Act to increase the Capital Stock of the Asiatic Bank. CllO.p. 2ol He it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors, and companv, of the Additional ... 7, 1 . ^ 1 , 1 1 • 1 ' • capital SIO.OOO, Asiatic iiank, in Salem, are hereby authorized to increase tobediyided.etc. their present capital stock by an addition thereto of ten thou- sand dollars, which shall be divided into two hundred equal 502 1853. -Chap. 231—232. ProTiso. Remonstrance to be in writing. Additional capital subject to tax. Certificate to be filed with secretary of state. parts, whicli parts shall be added to the value of the present shares of said bank, so as to make their par value thirty dol- lars, and the additional cajDital stock herein provided, shall be paid in whenever the president and directors may direct; provided, that the whole amount shall be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 2. If any of the stockholders of said bank remon- strate against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier on or before the first day of July next, and if the persons so objecting, legally represent one-fourth part of the capital stock in said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into said bank, shall be subject to the like tax, regulations, restric- tions, and provisions, to which the present capital stock of said bank is now subject. Sect. 4. Before said corporation shall proceed to do busi- ness on said additional capital, a certificate signed by the president and directors, and attested by the cashier, under oath, that the same has actually been paid into said bank, shall be returned mto the office of the secretary of the common- wealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 28, 1853.] Chap. 232 Additional ««pital $50,000. ProTiso. Remonstrance to be in writing. An Act to increase the Capital Stock of the Warren Bank. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors, and company, of the Warren Bank, in Danvers, are hereby authorized to increase their present capital stock by an addition thereto of fifty thou- sand dollars, in shares of one hundred dolliu's each, which shall be paid in such instalments as the president and directors of said bank may determine : provided, that the whole amount shall be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 2. If any of the stockholders of said bank remon- strate against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the persons so objecting, legally represent one- fourth part of the capital stock of said corporation, it shall not be entitled to the benefit of this act. 1853. Chap. 232—233. 503 Sfxt. 3. The additional capital aforesaid, when paid into Additional said bank, shall be subject to the like tax, regulations, restric- to tax. tions, and proWsions, to ■which the present capital stock of said bank is now subject. Sect. 4. Before said corporation shall proceed to do busi- ^e mer^tu ness on said additional capital, a certificate signed by the pres- eecretary ident and directors, and attested by the cashier, under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretaiy of the commonwealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 28, 1853.] An Act to increase the Capital Stock of the Blackstone Bank. C/lClp. 2ob Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors, and company, of the Additional Blackstone Bank, in Boston, are hereby authorized to increase ' their present capital stock by an addition thereto of one hun- dred thousand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president and directors may determine : provided, that the whole amount Proriao. shall be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect". 2. If any of the stockholders of said bank remon- RemoDstrance to 1 ft IT- 1 •!! .be in writing. strate agamst the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the ca.shier of the bank on or before the first day of July next, and if the persons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into '\^'|[^'"^*v- ^ said bank, shall be subject to the like tax, regulations, restric- to tax. tions, and provisions, to which the present capital stock of said bank is now subject. Sect-. 4. Before said corporation shall proceed to do busi- be fiierJIitu* ness on said additional capital, a certificate signed by the pres- ofs^ate'^ ident and directors, and attested by the cashier, under oath, that tlic same has actually been paid into said bank, shall be returned into the office of the secretary of the commonwealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 28, 1853.] 504 1853. -Chap. 234—235. Chap. 234 Adtlitional capital $100,000. Proviso. Remonstrance to be iu writing. Additional capital subject to tax. Certificate to be filed with secretary of state. All Act to increase the Capital Htock of the Union Bank. Tie it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors, and company, of the Union Bank, in Boston, are hereby authorized to increase their present capital stock by an addition thereto of one hundred thousand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president and directors may determine : provided, that the whole amount shall be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 2, If any of the stockholders of said bank remon- strate against the accej^tance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the persons so objecting legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into said bank, shall be subject to the like tax, regulations, restric- tions, and provisions, to which the present capital stock of said bank is now subject. Sect. 4. Before said corjjoration shall proceed to do busi- ness on said additional capital, a certificate signed by the president and directors, and attested by the cashier, under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the common- wealth. Sect. 5. This act shall take effect from and after its pas- sage. [^Approved by the Governor, April 28, 1853.] Chap. 235 Additional capital $50,000. Proviso. An Act to increase the Capital Stock of the Bristol County Bank. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folio IV s : Sect. 1. The president, directors, and company, of the Bristol County Bank, in Taunton, are hereby authorized to increase their present capital stock by an addition thereto of fifty thousand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president and directors may determine : provided, that the whole amount shall be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. 1853. Chap. 235—236. 505 Sect. 2. If any of the stockholders of said bank remon- f^™ionstrance to 1 " (• 1 IT- 1 -11 . be m writing. stratc against the acceptance oi the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July- next, and if the persons so objecting, legally represent one- fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into Additional said bank, shall be subject to the like tax, regulations, restric- to tax. tions and provisions, to which the present capital stock of said bank is now subject. Sect. 4. Before said corporation shall proceed to do busi- certificate to ness on said additional capital, a certificate signed by the pros- stwetary '"^ ident and directors, and attested by the cashier, under oath, of state, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the commonwealth. Sect. 5. This act shall take effect from and after its passage. [Ajj_proved by the Governor, April 28, 1853.] An Act to increase the Capital Stock of the Franklin County Bank. Chap. 236 IBe it enacted by the Senate and House of Representatives, tn General Court assembled, and by the authority of the same, as follou's : Sect. 1. The president, directors and company of the Acwitiouai Franklin County Bank in Greenfield, are hereby authorized '^^^^ "' ' to increase their present capital stock, by an addition thereto of fifty thousand dolhu's, in shares of one hunched dollars each, which shall be paid in such instalments as the president and dii'cctors may determine : provided, that the whole amount ProTiso. shall be paid in before the first day of ]May, in the year one thousand eight hundi'cd and fifty-four. Sect. 2. If any of the stockholders of said bank remon- Kcmonstranee to strate against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank, on or before the first day of July next : and if the persons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of tliis act. Sect. 3. The additional stock aforesaid, when paid into Additional said bank, shall be subject to the like tax, regulations, restric- to ux! ^^^^^"^ tions and provisions, to wluch the present capital stock of said bank is now subject. Sect. 4. Before said corporation shall proceed to do busi- ^^^g'j^^*^?l° ness on said additional capital, a certificate signed by the pres- secretary ideut and directors, and attested by the cashier under oath, that 58 506 1853.- -Chap. 236—238. the same has been actually paid into said bank, shall be re- turned into the office of the secretary of the common-svealth. Sect. 5. This act shall take effect from and after its passage. [Aj)jproved by the Governor, April 28, 1853.] Additional caijital S50,000. Proviso. Remonstrance to be in writing. Chap. 237 ^^1 ^^^^ ^'^ increase the Capital Stock of the Machinist's Bank, Taunton. Be it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The jiresident, directors and company of the Machinist's Bank, in Taunton, are hereby authorized to increase their present capital stock, by an addition thereto of fifty thousand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president and dhectors of said bank may determine : j^^ovided that the whole amount shall be paid in before the first day of ^lay, in the year one thousand eight hundi'ed and fifty-four. Sect. 2. If any of the stockholders of said bank remon- strate against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank, on or before the first day of July next : and if the persons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of tliis act. Sect. 3. The additional capital stock aforesaid, when paid into said bank, shall be subject to the like tax, regulations, restrictions and pro'V'isions, to which the present capital stock of said bank is now subject. Sect. 4. Before said corporation shall proceed to do busi- ness on said additional capital, a certificate signed by the president and dhectors, and attested by the cashier under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the com- monwealth. Sect. 5. This act shall take effi3ct from and after its pas- sage. [Approved by the Governor, April 28, 1853.] A'lditional capital subject to tax. Certificate to be filed with, secretary of state. Clian '^SS "^^ ^^^ ^^ incorporate the Hopkinton Bank, in Hopkinton. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. Erastus Thompson, Ehakim A. Bates, S. D. Da- venport, their associates and successors, are hereby made a cor- poration, by the name of the President, Directors and Com- pany of the Hopkinton Bank to be estabhshed in Hoj^kinton, 1853. Chap. 238—239. 507 and sliall so continue until the first day of October, in the year one thousand eight hundred and seventy -five, and shall '^""|j,'2^'® he entitled to all the powers and privileges, and be subject to all the duties, liabilities, and restrictions, set forth in the pub- lic statutes of tliis commonwealth relative to banks and bank- ing. Sect. 2. The capital stock of said bank shall consist of ^ij^g ooo*"*^" one hundred thousand dollars, to be divided into shares of one hundred dollars each, to be paid in such instalments and at such times as the stockholders may direct : provided, that the Proriso. whole be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 3. The stock of said bank shall be transferable only of^tock". at its banking house and on its books. Sect. 4. Said corporation shall be subiect to all the liabil- Subject to ■•• , . . . -, . 1 future laws. ities, requirements, and restrictions, contained m such acts as may hereafter be passed by the general court in relation to banks and banlung. [Approved by the Governor, April 28, 1853.] An Act to incorporate the Metacomet Bank in Fall River. Chap. 239 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Richard Borden, Jefierson Borden, Daniel corporators. Brown, their associates and successors, are hereby made a cor- poration, by the name of the President, Directors and Compa- ny of the Metacomet Bank, to be established in Fall River, and shall so continue until the first day of October, in the vear one thousand eight hundi-ed and seventy-five, and shall Conti,"^^ 1 • ^ ^ n 1 i • •! i i • 11 till IS lO. be entitled to all the powers and privileges, and subject to all the duties, liabilities, and restrictions, set forth in the public statutes of this commonwealth relative to banks and banking. Sect. 2. The capital stock of said bank shall consist of ^450*000.'*^^ four hundred thousand dollars, to be divided into shares of one hundred dollars each, to be paid in such instalments and at such times as the stockholders may direct : provided, that Proviso, the whole be paid in before the first day of J\Iay, in the year one thousand eight hundred and fifty-four. Sect. 3. The stock of said bank shall be transferable only ll'^^^^l^ at its banking house and on its books. Sect. 4. The said corporation shall be subiect to all the subject to ,.,.,.. . •■■- .. '!,. •) future laws. liauilitie.s, requirements, and restrictions, contained in such acts as may hereafter be passed by the general court in rela- tion to banks and banking. [Approved by the Governor, April 28, 1853.] 508 1853. -Chap. 240—241. Chap. 240 Corporators Continue tm 1S72. Capit;il stock §150,000. Tranpfer of stock. Subject to future laws. An Act to iucorporate the Pittsfield Bank, at Pittsfield. J?c it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. David Carson, John V. Barker, Robert Pome- roy, their associates and successors, are hereby made a corpo- ration, by the name of the President, Directors and Company of the Pittsfield Bank, to be estabhshed in Pittsfield, and shall so continue until the first day of October, in the year one thousand eight hunch'ed and seventy-two, and shall be en- titled to all the powers and privileges, and be subject to all the duties, liabilities, and restrictions, set forth in the public stat- utes of this commonwealth relative to banks and banking. Sect, 2. The capital stock of said bank shall consist of one hundred and fifty thousand dollars, to be divided mto shares of one hundred dollars each, to be paid in such instal- ments and at such times as the stockholders may direct : pro- vided, that the whole be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect, 3. The stock of said bank shall be transferable on- ly at its banking house and on its books. Sect. 4. The said corporation shall be subject to all the lia- bilities, requirements and restrictions, contained in such acts as may hereafter be passed by the general court in relation to banks and banking. [^Approved by the Governor, April 28, 1853.] Chap. 241 Corporators. Continue till 1875. Capital stock .?:100,000. An Act to incorporate the Lechmere Banlc, in Cambridge. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Amory Houghton, Edmund Boynton, Frederick Kidder, their associates and successors, are hereby made a corporation, by the name of the President, Directors and Com- pany of the Lechmere Bank, to be established in that part of Cambridge called East Cambridge, and shall so continue until the first day of October, in the year one thousand eight hun- dred and seventy-five, and shall be entitled to all the powers and privileges, and be subject to all the duties, Habilitics, and restrictions, set forth in the public statutes of tliis common- wealth relative to banks and bankins^. Sect. 2. The capital stock of said bank shall consist of one hundred thousand dollars, to be divided into shares of one hundred dollars each, to be paid in such instalments and at 1853. Chap. 241—243 509 such times as the stockhoklers may direct: provided, that the Proviso. wliole be paid in before the first day of May, in the year one thonsand eight hundred and fifty-four. Sp:ct. 3. The stock of said bank shall be transferable on- Transfi-r ly at its banking house and on its books. Sect. 4. The said corporation shall be subject to all the lia- ^"'^J^'f * *» ,.-,.. . i . . ."'-,. ■■ future laws. bilities, requirements, and restrictions, contained in such acts as may hereafter be passed by the general court in relation to banks and banking. [Approved by the Governor, April 28, 1853.] An Act to incorporate the Cambridge City Bank, in Cambridge. Char) ^X'^ Be it enacted hi/ the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folio ws : Sect. 1. Solomon H. Dodge, E. M. Dunbar, William P. corporators. Fisk, their associates and successors, are hereby made a corpo- ration, by the name of the President, Directors and Company of the Cambridge City Bank, to be established in Cambridge, and shall so continue until the first day of October, in the year one [;?i"|o"5® thousand eight hundred and seventy-five, and shall be entitled to all the powers and privileges, and be subject to all the duties, liabilities and restrictions, set forth in the pubHc statutes of this commonwealth relative to banks and banking. Sect. 2. The capital stock of said bank shall consist of P^pi^ai stock 1 '*>100 000. one hundred thousand dollars, to be divided into shares of one "* hundred dollars each, to be paid in such instalments and at such times as the stockholders may dhect : provided, that the Proviso. whole be paid in before the first day of May, in the year one thousand eight hundi-ed and fifty-four. Sect. 3. The stock of said bank shall be transferable only l^f^^^ at its banking house and on its books. Sect. 4. The said corporation shall be subiect to all the ^"^■i'"''* ^° .. . -tl .. .'',. , future laws. liabilities, requirements, and restrictions, contained m such acts as may hereafter be passed by the general court in relation to banks and banking. [Approved by the Governor, April 28, 1853.] An Act to incorporate the Wamesit Bank, in Lowell. Chan 243 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folloivs : Sect. 1. Horace Howard, William Livingston, Ignatius Corporators. Tyler, their associates and successors, are hereby made a cor- se* 510 1853. -Chap. 243—244. Continue till 1875. Capital stock $100,000. Proviso. Transfer of stock. Subject to future laws. poration,by tlic name of the President, Directors and Company of the Wamesit Bank, to be established in Lowell, and shall so continue until the first day of October, in the year one thousand eight hundred and seventy-five, and shall be entitled to all the powers and privileges, and be subject to all the duties, liabilities, and restrictions, set forth in the public stat- utes of this commonwealth relative to banks and banking. Sect. 2. The capital stock of said bank shall consist of one hundred thousand dollars, to be divided into shares of one hundred dollars each, to be paid in such instalments and at such times as the stockholders may direct : provided, that the ^^'hole be paid in before the first day of JNIay, in the year one thousand eight hundred and fifty-four. Sect. 3. The stock of said bank shall be transferable only at its banking house and on its books. Sect. 4. The said corporation shall be subject to all the liabilities, requirements, and restrictions, contained in such acts as may hereafter be passed by the general court in relation to banks and banking. [Ajpj/roved by the Governor, April 28, 1853.] C/iq}. 244 Corporators. Continue till 1875. Capital stock $300,000. Proviso. Transfer of stock. Subject to future laws. An Act to incorporate the Eliot Bank, in Boston. Be it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. David Sears, Jr., Thomas Hopkinson, Jeffry R. Brackett, their associates and successors, are hereby made a corporation, by the name of the President, Directors, and Com- pany of the Eliot Bank, to be established in Boston, and shall so continue until the first day of October, in the year one thou- sand eight hundi'cd and seventy-five, and shall be entitled to all the powers and privileges, and be subject to all the duties, liabilities, and restrictions, set forth in the public statutes of this commonwealth relative to banks and banking. Sect. 2. The capital stock of said bank shall consist of three hundred thousand dollars, to be divided into shares of one hundred dollars each, to be paid in such instalments and at such times as the stockholders may direct : provided, that the whole be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 3. The stock of said bank shall be transferable only at its banking house and on its books. Sect. 4. The said corporation shall be subject to all the liabilities, requirements, and restrictions, contained in such 1853. Chap. 2-14—246. 511 acts as may hereafter be passed by the general court in rela- tion to banks and banking. [Ajjproved hy the Governor, April 28, 1853.] An Act to incorporate the Woburn Bank, in Woburn. CJlCip. 245 Be it enacted hy the Senate and House of Representatives, in General Court assembled, and hy the authority of the same, as follows : Sect. 1. Abijah Tliompson, Bowen Buckman, Charles corporators. Choatc, theii- associates and successors, are hereby made a cor- poration, by the name of the President, Directors and Com- pany of the "Woburn Bank, to be established in Woburn, and shall so continue until the first day of October, in the year continue one thousand eight hundred and seventy -five, and shall be en- titled to all the powers and privileges, and be subject to all the duties, liabilities, and restrictions, set forth in the public stat- utes of this commonwealth relative to banks and banking. Sect. 2. The capital stock of said bank shall consist of one ^^^*^*°'^'^ hundred thousand dollars, to be divided into shares of one hundred dollars each, to be paid in such instalments and at such times as the stockholders may direct : provided, that the Proviso, whole be paid in before the first day of May, in the year one thoiisand eight hvindred and fifty-four. Sect. 3. The stock of said bank shall be transferable only ^f g^o^k! at its banking house and on its books. Sect. 4. The said corporation shall be subject to all the Subject to liabilities, requu-ements and restrictions, contained in such acts as may hereafter be passed by the general court in relation to banks and banking. [Approved by the Governor, April 28, 1853.] An Act to incorporate the Howard Banliing Company in Boston. Chap. 246 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. George W. Eobinson, Charles Ellis, Joseph H. corporators. Gai'dncr, their associates and successors, are hereby made a cor- poration, by the name of the president, du'ectors and company of the Howard Banking Company, to be established in Boston, and shall so continue until the first day of October, in the oontiriue yeai- one thousand eight hundred and seventy-five, and shall be entitled to all the powers and privileges, and subject to all the duties, liabilities, and restrictions, set forth in the public statutes of this commonwealth relative to banks and banking. 513 1853.- -Chap. 246—247. Capital stock S500,000. Proviso. Transfer of stock. Subject to future laws. Sect. 2. The capital stock of said bank sliall consist of five hundred thousand dollars, to be divided into shares of one hundred dollars each, to be paid in such instalments and at such times as the stockholders may direct : iirooided, that the whole be paid in before the first day of jNIay, in the year one thousand eight hundred and fifty-four. Sect. 3. The stock of said bank shall be transferable only at its banking house and on its books. Sect. 4. The said corporation shall be subject to all the liabilities, requirements, and restrictions, contained in such acts as may hereafter be passed by the general court in rela- tion to banks and banking. [Approved by the Governor, April 28, 1853.] 0/iap. 247 Corporators. Continue till 1875. Capital stock $100,000. Proviso. Transfer of stock. Subject to future laws. An Act to incorporate the Broadway Bank in South Boston. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. "William Eaton, John P. Monks, Seth Adams, their associates and successors, are hereby made a corporation, by the name of the Broadway Bank, to be established in South Boston, and shall so continue until the first day of October, in the year one thousand eight hundred and seventy-five, and shall be entitled to all the powers and privileges, and be subject to all the duties, liabilities, and restrictions, set forth in the public statutes of tliis commonwealth relative to banks and banking. Sect. 2. The capital stock of said bank shall consist of one hundi-ed thousand dollars, to be divided into shares of one hundred dollars each, to be paid in such instalments and at such times as the stockholders may direct : provided, that the Avhole be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 3. The sto(!k of said bank shall be transferable only at its banking house and on its books. Sect. 4. The said corporation shall be subject to all the liabilities, requirements, and restrictions, contained in such acts as may hereafter be passed by the general court in rela- tion to banks and banldng. [Approved by the Governor, April 28, 1853.] 1853. Chap. 248—249. 513 Au Act to incorporate the Rockland Bank in Roxbury. Chap. 248 Be it enacted hi/ the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Samuel Walker, Nalium Ward, Joseph Craw- corporators, shaw and Thomas Adams, their associates and successors, are hereby made a corporation, by the name of the President, Di- rectors and Company of the Rockland Bank, to be established in Roxbury, and located on or near Washington street, and shall so continue until the first day of October, in the year one Continue • till 187 T thousand eight hundred and seventy-five, and shall be entitled to all the powers and privileges, and be subject to all the duties, liabilities, and restrictions, set forth in the pubhc statutes of this common"\^'ealth relative to banks, and banking. Sect. 2. The capital stock of said bank shall consist S5&°.'°''' of one hundred thousand dollars, to be divided into shares of one hxnidred dollars each, to be paid in such instalments and at such times as the stockholders may direct : provided, Proviso. that the whole be paid in before the first clay of May, in the year one thousand eight hundred and fifty-four. Sect. 3. The sto'ck of said bank shall be transferable only ^f^^^^^jj at its banking house and on its books. Sect. 4. Said corporation shall be subject to all the lia- f^j^^g^^^^g bilities, requirements, and restrictions, contained in such acts as may hereafter be passed by the general court in relation to banks and banking. [^Approved by the Governor, April 28, 1853.] An Act to incorporate the Pynchon Bank of Springfield. Chap. 249 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. George Merriam, R. S. Moore, George W. Rice, corporators. their associates and successors, are hereby made a corporation, by the name of the President, Directors and Company of the Pynchon Bank, to be established in Springfield, and shall so continue until the first day of October, in the year one thou- ^u°i872^ sand eight hundred and seventy -two, and shall be entitled to all the powers and privileges, and be subject to all the duties, liabilities, and restrictions, set forth in the public statutes of this commonwealth relative to banks and banking. Sect. 2. The capital stock of said bank shall consist of one gg^J^'*°'^'' hundred and fifty thousand dollars, to be divided into shares of one hundred dollars each, to be paid in such instalments and at such times as the stockholders may direct : provided, P'^°^^°°- 514 1853. -Chap. 249—251. Transfer of stock. Subject to future laws. that the whole be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 3. The stock of said bank shall be transferable only at its banking house and on its books. Sect. 4. The said corporation shall be subject to all the liabilities, requu-ements, and restrictions, contained in such acts as may hereafter be passed by the general court in rela- tion to banks and banking. [Approved by the Governor, April 28, 1853.] Chap. 2 Corporators. Continue tm 1872. Capital stock $100,000. Proviso. Transfer of stock. Subject to future laws. K{\ An Act to incorporate the Mount Wollaston Bank in Qiiincy. Be it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as foUoivs : Sect. 1. William S. Morton, Shadrach Wade, Stephen Bates, their associates and successors, are hereby made a cor- poration, by the name of the President Dhectors and Company of the JSIount Wollaston Bank, to be established in Quincy, and shall so continue until the first day of October, in the year one thousand eight hundred and seventy-two, and shall be entitled to all the powers and privileges, and be subject to all the duties, liabilities, and restrictions, set forth in the pub- lic statutes of this commonwealth relative to banks and banking. Sect. 2. The capital stock of said bank shall consist of one hundred thousand dollars, to be divided into shares of one hundred dollars each, to be paid in such instalments and at such times as the stockholders may direct : provided, that the whole be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 3. The stock of said bank shall be transferable only at its banking house and on its books. Sect. 4. The said corporation shall be subject to all the liabilities, requirements, and restrictions, contained in such acts as may hereafter be passed by the general court in rela- tion to banks and banking. [Approved by the Governor, April 28, 1853.] Chcin 251 ■^^ ■^^^ ^° incorporate the National Rank of Boston. J3e it enacted by the Senate and House of Representatives, , in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. Johu H. Wilkins, Otis Danicll, Charles B. Hall, their associates and successors, are hereby made a corporation 1853. Chap. 251—25^3. 515 by the name of the president, directors and company of the !60— 263. 521 fiftv-threc, is hereby amended by striking out the word " lo- comotive" from the said section. Sect. 2. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 30, 1853.] An Act to change the Name of the Slielbuine Falls Manufacturing C/lCq). 261 Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as foUoxL's : The Shelburne Falls Manufacturing Company shall here- Name changed after be called and known by the name of the Lampson & Goodnow ^lanufacturing Company. [Approved by the Gov- ernor, April 30, 1853.] An Act to incorporate the China Mutual Insurance Company. Chap. -j62 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1, John M. Forbes, Daniel C. Bacon, and George Corpoi-ato"- B. Upton, their associates and successors, are hereby made a corporation, for the term of twenty-eight years, by the name of the China Mutual Insurance Company, in the city of Bos- ton, for the piu'pose of making insurance against maritime losses on the mutual principle, with all the powers and priv- ileges, and subject to all the duties, liabilities, and restrictions, i>^««, i^ftt-uitics, set forth in the thirty-seventh and forty-fourth chapters of the Revised Statutes, and all subsequent laws in force relating to mutual insurance companies so far as applicable to the corpo- ration hereby created. Sect. 2. The said company may appoint agents in foreign conntfil^.^^^^^^'^ countries with poAver to sign and issue policies, abroad ; and every policy so issued by any authorized agent of said com- pany, shall be valid and binding on the said company, in the same manner as if signed by the president and secretary, and issued at their office in Boston. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor, April 30, 1853.] An Act relating to the Boston Bagging Company. C/lClp. — Oo Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : The Boston Bagging Company is hereby authorized to man- fuj["rubbcT ^"^ ufacture India Kubber Goods, according to the provisions ot eocxi^- 59* 522 ' 1853. Chap. 263—265. chapter one hundred and ninety-five of the acts of the year one thousand ei^ht hundi-ed and fift^--t"wo. [Ajjproved by the Governor, April 30, 1853.] Chan 264 '"^^ ^^^^ ^** incorporate the Day Cordage Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as foil OIL'S : Corporators. Sect. 1. Benjamin Se^^'all. Moses Day, and !Moses Sew- all, their associates and successors, are hereby made a corpo- ration, by the name of the Day Cordage Company, for the piu-pose of manufacturing cordage, t^xine and bagging, in the Duties, liabilities, citv of Eoxbury, couutv' of Xorfolk ; "vrith all the powers and ^^' pri\-ileges, and subject to all the duties, restrictions and liabil- ities, set forth in the thiity-eighth and forty -foiuth chapters of the Revised Statutes. Real and personal Sect. 2. Said Corporation may hold, for the purposes afore- estate 8150,000. .j ■, ^ i ^ ^ ' i ' ^ r said, real and personal estate necessary and convenient tor earning on the business of said company, not exceeding in amount one hundred and fifty thousand dollars. :?o shares to fee Sect. 3. Xo sharcs in the capital stock of said company j^ un erpar. g^^j -^^ issucd at Icss than the par value wliich may be first fixed upon the same. Sect. 4. This act shall take efiect from and after its pas- sage. [Approved by the Governor, April 30, 1853.] Chap. 2C5 An Act to authorize tlie Somerset Iron Works Company to build a ^ WTjarf. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : TTharf in The Somerset Iron Works Company, a corporation duly established by law, is hereby authoiized to build and maintain a wharf, from theu' premises in the town of Somerset, on the west side of Taunton Great Eiver, in front of their upland, and to extend said wharf to the westerly edge of the channel of said river ; and shall have the right to lay vessels at the ends and sides of said wharf, and receive wharfage and dock- ProTided. age therefor : provided, said wharf shall be built on piles be- low low water mark, and shall not obstruct navigation, and that this grant shall in no wise impair the legal rights of any person whatsoever. [Approved by the Governor, April 30, 1853.] Somerset. 1853. Chap. 266—267. _ 523 Ai) Act to authorize tlie City of Boston to build a Wliarf. Chap. 266 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follou'S : Sect. 1. The city of Boston, o-\vning flats, situated on East Boston. Condor street, in that pait of Boston known as East Boston, and lying bet\\'een and adjoining land and flats, now or lately belonging to Eobeit G. Shaw, on the westerly side, and Charles J. Hendee on the easterly side of said land and flats, is hereby authorized to build and maintain a whai-f on said flats, and to extend it into the harbor channel, as far as the line established by the act entitled " An Act concerning the Harbor of Boston," passed the second day of May, in the year- one thousand eight hundred and forty-nine, and shall ^jf^°^ have the right to lay vessels at the end and sides of said wharf, and receive whai-fage and dockage therefor : provided, Provided. however, that this grant shall not be construed to extend to any flats or land of this commonwealth, lying in. front of the flats of any other person, or which would be comprehended bv the true lines of such flats continued to the said commis- sioner's line : — a.nd provided also, that so much of said whai-f ProTided, etc. as may be constructed below low water mark shall be built on piles, which piles shall not be neai'er to each other than six feet in the direction of the stream, and eight feet in a trans- verse direction ; and that this act shall in no wise impair the legal rights of any person whatever. Sect. 2. This act shall take efiect from and after its pas- sage. [Approved by the Governor, April 30, 1853.] An Act to authorize Parker Bumham, Elias Bumham, and Joseph B. CJlCtp. 267 Bumhani, to build and maintain the Piers of their Marine Railway in Gloucester Harbor. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Parker Bumham, Elias Bumham, Joseph B. Bumham, May buUd pier are hereby authorized to build and maintain the piers of their - ° ^® • ^Marine Railway in Gloucester Hai'bor, to a pile now driven, which pile is two hundred and forty -five feet southerly from the stone abutment now erected on the eastern pier : provided, Provided, said piers shall not obstruct navigation ; and that tliis grant shall in no "\nse impair the legal rights of any person whatso- ever. [Approved by the Governor, April 30, 1853.] 5U 1853. -Chap. 268—269. C/ia^. 2G8 Corporators. Purpose. Powers, duties, etc. Capital not to exceed 312,000. Shares not to be issued less than par. An Act to incorporate the Ashburnham ReseiToir Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Charles "Winchester, George C. Winchester, George Blackburn, their associates and successors, are hereby made a corporation, by the name of the Ashburnham Reser- voir Company ; for the purpose of constructing, supporting, and occupying a reservoir of "water, by means of dams, in the toAvn of Ashburnham, in the county of Worcester, for the supply of mills situated on the stream below said reservoir : with all the powers and privileges, and subject to all the du- ties, restrictions and liabilities, set forth in the thhly-eighth and forty-fourth chaj^ters of the Revised Statutes. Sect. 2. Said corporation may hold, for the purposes afore- said, real estate to the amount of ten thousand dollars, and the whole amount of the capital of said company shall not ex- ceed twelve thousand dollars. Sect. S. No shares in the capital stock of said corporation shall be issued for a less amount, to be actually paid in on each, than the par value of the shares which shall be first issued. Sect. 4. This act shall take effect from and after its passage. [Approved by the Governor, May 2, 1853.] CMj). 2G9 Justices' execu- tions, how to be IcTiod. Officer may levy on lands and tenements. Provided. An Act relating to the Levy of Justices' Executions. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folloivs : Sect. 1. Whenever, by any justice of the peace or police court, execution is awarded in favor of the judgment creditor for a sum as damages exceeding twenty dollars, the same shall be so framed as to direct a le\y on the land and tenements of the judgment debtor, in the same manner and to the same effect as executions are now awarded by the court of common pleas. Sect. 2. Any officer to whom such executions shall be de- livered for service may levy the same upon lands and tene- ments of the judgment debtor, and in all things in regard to such levy shall have the same rights, and shall conduct him- self in like manner, as if the same execution issued from the court of common pleas : provided, hoivever, the record of the execution and levy in the registry of deeds shall be primn facie evidence of the regularity of the judgment, and prior proceedings in the case in which such execution issued : pro- vided also, that notliiug in this act shall be construed to au- 1853. Chap. 269—272. 525 thorizc an attachment on mesne process, of any lands or tene- ments upon a "svrit returnable before a justice of tlie peace or police court. [Approved by the Governor, May 2, 1853.] An Act to increase the Capital Stock of the Fitchburg Railroad Chan 270 Company. -t ' Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follou's : The Fitchburg Railroad Company may issue five thousand capital increasea shares of stock, of one hundi-ed dollars each, in addition to '*'' theii" present capital stock : provided, that said company Provided. shall not sell the said shares under then- par value. [^j?j;rot;- ed by the Governor, May 2, 1853.] An Act to incorporate the Atlantic Works. Chcti) 271 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. !Mark Googins, Abijah ISIiller, Oliver Edwards, corporators. WilHam C. Hibbard, Gilman Joslin, James A. Maynard, their associates and successors, are hereby made a corporation, by the name of the Atlantic Works, for the purpose of manu- Purpose, factm-ing machinery in all its branches, in the city of Boston ; "with all the powers and privileges, and subject to all the duties, restrictions and liabilities, set forth in the thirty-eighth ^o^g^'^'g^^'''"" and forty-fourth chapters of the Revised Statutes. Sect. 2. The said corporation may hold, for the purposes Real estate aforesaid, real estate not exceeding in value fifty thousand dol- ^^ ' lars, and the whole capital stock shall not exceed two hundred whoie capital thousand dollars : provided, that no shares in the caj)ital stock proylaed* of the said corporation shall be issued for a less sum or amount, to be actually paid in on each, than the par value of the shares, which shall be fii"st issued. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor May 2, 1853.] An Act to incorporate the Westville Manufacturing Company. ChOLV. 272 Re it enacted by the Senate and House of Representatives, iji General Court assembled, and by the authority of the same, as follows : Sect. 1. Alexander Hodges, Robert L. Maitland, Aaron corporators. B. Belknap, their associates and successors, ai'e hereby made a 526 1853— Chap. 272—274. corporation, by the name of the Westville Manufacturing Com- pany, for the purpose of manufacturing cotton goods and paper, in the town of Taunton ; with all the powers and privileges, and subject to all the duties, restrictions, and liabilities, set forth in the thirty-eighth and forty -fourth chapters of the Revised Statutes. Sect. 2. Said corporation may, for the purposes aforesaid, ai estate not toiTiiT i^i i •,.i exceed $100,000. nolQ real and personal estate necessaiy and convenient there- for, not exceeding in amount one hundied thousand dollars. Sect. 3. No shares in the capital stock of the said corpo- ration shall be issued lor a less sum or amount, to be actually paid in on each, than the par value of the shares which shall be first issued. Sect. 4. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 2, 1853.] Purpose. Duties, restric- tions, etc. Real and person al estate not to No Bhares issued less than par. Chap. 273 Corporators. Powers, duties, etc. GreenTille Baptist Society in Leicester. May hold $10,000 real and personal estate. An Act to incorporate the North Adams Lyceum. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. James E. Marshall, Harvey Arnold, William E. Brayton, Nathan S. Babbitt, and John F. Arnold, their associ- ates and successors, are hereby made a corporation, by the name of the North Adams Lyceum, with all the powers and privileges, and subject to all the duties, restrictions and lia- bilities, set forth in the forty-fourth chapter of the Re^dsed Statutes. Sect. 2. The said corporation may errcct, maintain, or rent any building, or hall, for the purposes of a lyceum, and for other literary, scientific and educational purposes, in that part of the town of Adams known as North Adams, and for any of said purposes may expend any funds by them held, and may hold real and personal estate to the amount of ten thou- sand dollars, to be devoted exclusively as aforesaid. [Appro- ved by the Governor, May 2, 1853.] Clmp. 274 GreenTille Bap- tist Society in Leicester. An Act to incorporate the Greenville Baptist Society, in Leicester. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The society heretofore known by the name of the Baptist Society in Leicester, is hereby made a corporation, by the name of the Greenville Baptist Society in Leicester ; with all the powers and privileges, and subject to all the restrictions and liabilities, incidental to religious societies legally establish- ed in this commonwealth. 1853. Chap. 274— 3T6. 527 Sect. 2. The said society may have power to hold real and income not to 1 ^ ^ ,1 1 • r 1 • 1 / 1 • ^ exceed S2000, to personal estate ; the annual income oi which, (exclusive oi bo appropriated their meeting house and cemetery grounds), shall not exceed purposes!'* two thousand dollars : provided, said income shall be appro- priated to parochial purposes. Sect. 3. The said society shall also have authority to hold cemetery lot. and manage their cemetery lot adjoining their meeting house, and be entitled to all the privileges, and subject to all the lia- bilities, incident to cemetery corporations in this commonwealth. Sect. 4. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 2, 1853.] An Act establishing the Salaries of the first and second Clerks in the (J]i(xy) 275 Office of the Secretary of the Commonweahh. ^' Tie it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : From and after the first day of April, in the year one thou- Salaries sand eight hundred and fifty-tln-ee, the first clerk in the office ^'^^ of the secretary of the commonwealth, shall receive a salary of thirteen hundred dollars a year ; and the second clerk in the aforesaid office shall also receive a salary of twelve hun- dred dollars a year ; and the salaries of said clerks shall be payable quarterly, which said several sums shall be in full for all services to be rendered in said office. [Approved by the Governor, May 2, 1853.] An Act concerning the Ne\vburj-{)ort, Danvers and Georgetown, and Ckctp. 276 Danvers Raihoad Companies. ^ ' Be it enacted by the Senate and House of Representatives, ill General Court assembled, and by the authority of the same, as folloivs : Sect. 1. The Newburyport Railroad Comj^any, the Dan- Permission vers and Georgetown Raih'oad Company, and the Danvers ° """ '''" Raiboad Company, are hereby authorized and empowered to unite and form one corporation, upon such terms as they shall agree upon, whenever it shall be so voted by each company, at meetings duly notified for that pur- pose ; and when the said companies shall be so united, the stockholders of each company shall be stockholders in the under the name others, and the three companies shall constitute one corpora- uaiiroad'com-'^* tion under the name of the Newburyport Railroad Company, P*°y- and the said last mentioned company shall have all the fran- chises, property, powers, privileges, and remedies, and be subject to all the restrictions and liabilities of each of the said companies respectively, and it shall be lawful for the said last 528 1853. -Chap. 276—278. Powers and priTileges. May receive subscriptions to stock of S40,000. Prorided. Chap. 277 mentioned company to exercise over the -whole extent of their raih-oad the same powers, rights, and privileges, which have been heretofore granted to either of said companies ; and un- til a union, as provided by tliis act, shall have been effected, the three companies fii-st above named are authorized to con- tract with each other for the operatingof their railroads, and to lease their respective railroads to the others, or either of them, upon such terms as may be agreed upon by the parties. And the said Danvers Railroad Company is aiithorized to receive subscriptions to its capital stock from the Boston and Maine Raihoad Company, or the Eastern Railroad Company, or the Essex Railroad Company, to an amount not exceeding forty thousand dollars : provided, that the holders of three-fourths of the stock of the companies so subscribing, present and repre- sented at a meeting called for that piu'pose, shall consent to the same. Sect. 2. This act shall take effect from and after its pass- age. [Approved by the Governor, May 2, 1853.] Au Act to incorporate the Maiden Manufacturing Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folhivs : Sect. 1. Jolin A. B. Cutter, Hamilton "Willis, and Rob- ert Earley, their associates and successors, are hereby made a corporation, by the name of the Maiden Manufacturing Com- pany ; for the purpose of manufacturing cotton, silk, linen, Hax, or india-rubber goods, in the town of INIalden, vdih all the powers and privileges, and subject to all the duties, re- strictions, and liabilities, set forth in the tliiity-eighth and forty- fourth chapters of the Revised Statutes, af estate n^7to'^' Sect. 2. Said Corporation may hold such real and person- exceed S2oo,ooo. al estate as may be necessary and convenient for the pui-poses aforesaid : provided, the whole capital stock of said company shall not exceed the sum of two hundred thousand dollars. Sect. 3. No shares in the capital stock of said company shall be issued at less than the par value wliich may be first fixed upon the same. Sect. 4. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 4, 1853.] Corporators. Purpose. Powers and privileges. No shares is.?ued under par. Chaj). 278 An Act to incorporate the Boston Carpet Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Theodore Dunn, Joseph Crawshaw, Jolin W. Candler, their associates and successors, ai'e hereby made a 1853. Chap. 278—280. 529 corporation by the name of the Boston Carpet Company, for i^oston carpet the purpose of manufacturing carpets in the city of Roxbury, r°o™bury."^ in the county of Norfolk ; with all the powers and privileges, and subject to all the duties, restrictions and liabilities, set forth duties and in the thirty-eighth and forty-fourth chapters of the Revised Statutes. Sect. 2. The said corporation may hold real and personal He'll /nd pcrson- i.-' i^ ^ . ^ 8' estate not to estate necessary and convenient for the purposes aforesaid, not exceed s2oo,ooo. exceeding in amount two hundred thousand dollars. Sect. 3. No shares in the capital stock of said corporation belssueT' *" shall be issued for a less sum or amount than the par value of "^'^er par. the shares which shall first be issued. Sect. 4. Tliis act shall take effect from and after its passage. [A]}j)roved by the Governor, May 4, 1853.] An Act to incorporate the Long Island Steamboat Company. Chap. 279 Be it enacted by the Senate and House of Representatives, in General Coxirt assembled, and by the authority of the same, as follows : Sect. 1. William A. Hayes, Thomas J. Lobdell, Samuel Corporators. O. Mead, AV. E. Tyler, Charles D. Head, their associates and successors, are hereby made a corporation, by the name of the Name. Long Island Steamboat Company, for the purpose of owning purpose. and runnmg a stea^nboat or steamboats to and from the city of Boston, county of Suffolk, and Long Island, in Boston hai'bor, and other places in and near the said harbor, for the term of ten years, with all the powers and privileges, and Term often subject to all the duties, restrictions and liabilities, set forth in butiesand the thirty-eighth and forty-fom-th chapters of the Eevised i'*^^ii^"es Statutes. Sect. 2. The capital stock of said corporation shall not ^^p^^^ ^25000 exceed twenty -five thousand dollar's : provided, no shares in I'rovided. said corporation shall be issued for a less sum or amount to be paid in on each, than the par value of the shares first issued, and all debts of said corporation shall be paid before the stock- holders shall receive any dividends. [Approved by the Gov- ernor, May 4, 1853.] An Act in addition to An Act to incorporate the New England School of CnCip. ZoO Design. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follou's : The corporation established under the name of the New ^"""^ ''^^^^^'^ England School of Design, by.an act passed April twenty- 60 530 1853. Chap. 280—283. third, eighteen hundred and fifty-three, chapter one hundred and eighty-one, shall hereafter be known by the name of the New England School of Design for Women. [Approved by the Governor, May 4, 1853.] C/iap. 281 Secretary to transmit ab- stracts of returns, etc. An Act relating to Returns of Justices of the Peace and other Officers. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : The secretary of the commonwealth shall annually transmit a printed copy of the yearly abstracts of the returns, mentioned in chapter two hundred and eighty-nine, of the statutes of eighteen hundred and fifty-two, to all the justices of the poHce courts, district attorneys, sheriffs of the counties, clerks of the courts and town clerks, and all such justices of the peace as shall make returns under said act. [Apjproved by the Gover- nor, May 4, 1853.] C/mj). 282 Eagle fire insur- ance company in Boston. Term of 28 years Purpose. Powers and privileges. Policies. Tvhen to be issued. C/iap. 283 Town officers to declare their An Act to incorporate the Eagle Fire Insurance Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. John N. Barbour, Henry S. Downs, Edmund Chamberlain, their associates and successors, are hereby made a corporation, by the name of the Eagle Fire Insurance Company, to be established in the city of Boston, for the term of twenty- eight years ; for the purpose of insuring dwelling houses and other buildings, and personal property against loss by fire, on the mutual principle ; with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth in the thirty-seventh and forty-fourth chapters of the Revised Statutes, and all subsequent laws of the commonwealth relating to mutual fire insurance companies. Sect. 2. No policy shall be issued till the sum of one hundred thousand dollars shall have been subscribed to be insured. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 4, 1853.] An Act relating to Town Officers. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. All persons elected or appointed to any town office in which an oath of office is not requked, shall be summoned in 1853. Chap. 283—285. 531 the manner provided in the thiity-ninth section of the fifteenth ^^|*at°^tw^ chapter of the Revised Statutes, in the case of officers who are *eT*n days, required to take an oath, and shall be required to appear before the town clerk and declare their acceptance or refusal of such office, or to file a declai-ation in writing thereof with the town clerk, witliin seven days after such notice ; and the town clerk shall make a record of such acceptances and refusals ; and any person so elected or appointed and summoned, and not ex- empted by law from holding the office to which he is elected, who shall nesflect to declai'c his acceptance as aforesaid, shall Sfs fine for forfeit the sum of five dollars to the use of the town. Sect. 2. AVhenever any person elected or appointed to any ^^^^^^'j^^ ™^y town office, and duly summoned, shall, in case an oath of new choice, office is required, neglect to take such oath before the town clerk, and to file with the town clerk a certificate of his having taken such oath before a justice of the peace within seven days after notice as aforesaid, or, in case such oath is not required, to declare his acceptance as aforesaid within seven days after such notice or shall, within seven days after such notice, declare his refusal of such office, such office shall be deemed thereby to be vacated,and the town may fill such vacancy by a new choice at any other legal meeting. [Approved by the Governor, May 4, 1853.] An Act relating to the Salaries of certain Officers of the State Prison. C/lCip. 284 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folio IV s : From and after the first day of July, in the year one thou- salaries sand eight hundred and fifty -three, the salary of the deputy warden shall be nine hundred dollars, that of the turnkeys shall be seven hundred dollars each, and of the watchmen shall be six hundred and fifty dollars each, per annum, paya- ble quaiterly. [Approved by the Governor, May 4, 1853.] An Act to establish a Fire Deparment in the Town of Marlborough. Chan, 285 Tie it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sf.ct. 1. A fire department is hereby established in the rire department town of Marlborough, subject to all the duties and liabilities, ''^ ^^ °'^°^^ ' and with all the powers and privileges, set forth and con- of Iprii o'lm* tained in an act, entitled An Act to regulate Fire Departments, passed on the ninth day of April, in the year one thousand eight hundred and thirty-nine. Sect. 2. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 4, 1853. 532 1853.- -Chap. ^86— 287. Chap. ogg An Act to amend an Act concerning Persons under Sentence of Death Tie it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Act amended. Sect. 1 The first section of tlie two hundred and seventy- fourth chapter of the statutes of the year one thousand eight hundred and fifty-two, is hereby so far amended, that any per- son hereafter convicted of any crime punishable with death, shall be sentenced to imprisonment, or to hard labor and im- prisonment, either in the county jail or house of correction of the county where such conviction is had, until such punish- ment of death shall be inflicted, as the court passing such sentence may determine, instead of being sentenced to hard labor in the state prison, as by the said section is provided. Execution to be Sect. 2. Sentence of death may be executed within the or yard!*^^ ^'^^'^ walls or oncloscd yard of any house of correction or county jail of the county in which the conviction was had. [^Appro- ved by the Governor, May 4, 1853.] ^ Chap. 287 Cattle market in Cambridge. Powers and privileges. May purchase, bold, and convey land, etc. Capital not to exeeed .$200,000, in shares of $100 each. If intoxicating drinks are sold An Act to incorporate the Cambridge Cattle Market. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. George Meacham, Zachariah B. Porter and N. J. Wyeth, their associates and successors, are hereby made a cor- poration, by the name of the Cambridge Cattle Market, in Cambridge ; for the purpose of establishing and maintaining a cattle market and fair in the city of Cambridge, near the Porter station of the Fitchburg Railroad Company ; with all the powers and privileges, and subject to all the duties, lia- bilities and restrictions, set forth in the forty-fourth chapter of the Revised Statutes. Sect. 2. Said corporation may purchase, hold and convey the whole or any part of the tract of land not exceeding twenty acres, with the hotel, buildings and pens thereon, situated in said Cambridge, west of North Avenue, and known as the Cambridge Cattle ISIarket, and may make all necessary and suita- ble improvements thereon, for the purpose aforesaid. Sect. 3. The capital stock of said corporation shall not ex- ceed two hundred thousand dollars, to be divided into shares of one hundred dollars each, and not to be issued for less than their par value actually paid in. Sect. 4. If any ardent spirits or intoxicating drinks shall be unlawfully sold by said corporation, or by its lessees, agents. 1853. Chap. 287—289. 533 or servants, upon its premises or in any building therein, then this act to be this act shall be void. Sect. 5. This act shall take effect from and after its pas- sage. [A;pproved by the Governor, May 4, 1853.] An Act to cede to the United States the Jurisdiction of certain Lands for Chctp. 288 the Erection of a Liglit House. ^e it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : The agent of the United States duly authorized for the pur- ceBsion for pose, may purchase such tract of land as may be found neces- sary and convenient for the erection and accommodation of the Light House authorized by Congress to be erected at or near the breakwater at Bass river, to contain not more than three acres ; and a description thereof shall be recorded in the registry of deeds, for the county of Barnstable : provided, how- ?'o^«o as to JUTlfiQlCtlOIl. ever, that this commonwealth shall and it does hereby retain a concurrent jurisdiction with the United States in and over the said tract, so far that all civil and criminal processes issued under the authority or by any officers of this commonwealth, shall have full force and effect within the said tract of land, or in any building which may be erected thereon, this cession of jurisdiction notwithstanding. [Approved by the Governor, May 4, 1853.] ' "> An Act authorizing the Laying Out of a Town way across the North River (jfidv) 289 in Salem. ■^' Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : The city council of the city of Salem are empowered, if, in May construct , . . •'. ^ ^ . •'. ^ /^ . , townway and their opmion, public convenience and necessity require the bridg*. same, to lay out a townway, and cause to be built a bridge across the North River, in Salem, at any convenient place be- tween the north bridge and Carlton ville bridge, so called, in said Salem : provided, that such way and bridge cross the Essex Prorided. railroad above grade, leaving a suitable space under the same for the passage of engines and cars. [Approved by the Gover- nor, May 4, 1853.] 60* 534 1853. -Chap. 290—292. Chew. 290 -^^^ ^^'^ t** incorporate the Proprietors of the Quinsigamond House. jBe it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. A. F. Smith, C. M. Pratt, Robert Morey, their associates and successors, are hereby made a corporation, by the name of the proprietors of the Quinsigamond House, in New England Village, in the town of Grafton; for the purpose of erecting and maintaining, in said village, buildings necessary and convenient for a public house : with all the powers and privileges, and subject to all the duties, liabilities and restric- tions, set forth in the forty-fourth chapter of the Revised Statutes. Sect. 2. Said corporation may purchase and hold real and personal property necessary for its use, not exceeding in amount thirty thousand dollars : provided, no shares in its capital stock shall be issued for a less amount, to be actually paid in, than the par value of the shares first issued. Sect. 3. If any ardent spirits or intoxicating drinks shall be unlawfully sold by said corporation, or by its lessees, agents or servants, on its premises, or in any building thereon, then this act shall be void. [Approved by the Governor ^ May 4, 1853.] Corporators. Public house ic Grafton. Powers, liiibilities, etc Real and pergon- al estate not to exceed $30,000. Provided. Act to be Toid if ardent spirits are sold. Chut). 291 -^^ ^^^ to change the Corporate Name of the Fourth Rehgious Society ^' in Newbury. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Name changed. "J^y^q corporate name of the Fourth Rehgious Society in Newbury, in the county of Essex, is hereby changed, and said society shall, from and after the passage of tliis act, be called and known by the name of the Belleville Congregational So- ciety in Newburyport : anything in the act of incorporation granted to said society, in the year eighteen hundred and eight, to the contrary notwithstanding. [Approved by the Governor, May 4, 1853.] C/iap. 292 An Act to incorporate the Perkins Mutual Insurance Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. Joscph S. Hastings, Daniel C. Baker, Ehsha Atkins, their associates and successors, are hereby made a cor- 1853. Chap. 292—294. 535 poratlon, for the term of twenty years, by the name of the Term of 20 years. Perkins INIutual Insurance Company, to be established in the '^"'■i'°'''- city of Boston ; for the purpose of making maritime loans, and insurance against maritime losses and losses by fire, on the principle of mutual insurance : with all the powers and privi- Powers, leges, and subject to all the duties, liabilities, and restrictions, L7a uaMitie"*. ^''' set forth in the thirty-seventh and forty-fourth chapters of the Revised Statutes, and in all subsequent statutes of this com- monwealth relating to mutual fire and marine msurance com- panies. * ■ Sect. 2. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 4, 1853.] An Act defining a Portion of the Boundary Line between the Towns Chap. 293 of Sandisfield and Tolland. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : The line heretofore conceded to be a portion of the dividing Boundary Une line betA^■ccn the towns of Sandisfield and Tolland, and wliich is described as follows, to wit : — Beginning at a stone monu- ment on the east bank of Farmington Eiver a short distance southerly of the dwelling house of Elizur Deming, thence north on the west side of the mountain to a monument on the cast bank of said Farmington River where said line intersects said river, and north of Hull's Tannery, is hereby established and fixed ; and to remove all doubt as to the legality of the doings of all magistrates, and of the municipal action of the inhabitants of that part of Sandisfield which is included with- in said described line, the same are hereby ratified, confirmed, and taken to be legal and binding upon all persons, to the same extent they would have been legal and binding, if no doubt had existed as to this portion of the boundary line be- tween said towns. [Approved by the Governor, May 4, 1853.] An Act to incori)orate the Boston and Nahant Steamboat Company. Chap. 294 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : vSect. 1. Daniel C. Baker, John Alley 3d, Phineas Drew, corporators. their associates and successors, are hereby made a corporation, by the name of the Nahant Steamboat Company, for the pur- pose of owning and running a steamboat o steamboats, for the convenience of the public travel and the transportation of 536 1853. Chap. 294—296. For ten years, merchandise between Boston and Nahant, for the term of ten years : with all the powers and privileges, and subject to all Powers and i\^q dutics, liabilities and restrictions, set forth in the thirty- eighth and forty-fourth chapters of the Revised Statutes. Capital stock Sect. 2. The capital stock of said corporation shall not $26,000. exceed the sum of twenty-five thousand dollars : provided, no shares in said corporation shall be issued for a less sum or amount, to be paid in on each, than the par value of the shares first issued. And all debts of said corporation shall be paid before the stockholders shall receive any dividends. [-4P" proved by the Governor, May 4, 1853.] Chav. 295 ""^^ ^^^ concerning the Powers of Commissioners of Middlesex County ^' in the Towns of Chelsea, North Chelsea, and Winthrop. Be it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Commissioners of In. all cases whcrc any party is or shall be entitled to a iury Middlesex may . i • i • • ry\ ^ order jury in in rcspcct to any liighway, townway, or private way m L/nei- Suffoik covmty! sca. North Chelsea or "Winthrop, in the county of Suffolk, or in respect to any estimate of damages made by the county commissioners of Middlesex in cases arising in said towns under the twenty-fourth chapter of the Revised Statutes and acts additional thereto, said commissioners shall have the same power as to ordering a jury or agreeing upon a committee, and matters relating thereto, which they now have in like cases in the county of Middlesex ; and the warrant for a jury shall be directed to the sheriff of the county of Suffolk, or his deputy, or to a coroner, and thereupon the like proceedings shall be had as are provided in the twenty -fourth chapter of the Revised Statutes for the recovery of damages for laying out highways in other counties than Suffolk. [Approved by the Governor, May 4, 1853.] r^h 9QA "^^ '^^^ ^^ grant Jurisdiction to the United States over certain Lands in V/iap. Zyo Provincetown and Truro. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Jurisdiction Sect. 1. Jurisdiction is hereby granted to the United '^^^^- States of America over such lands in Provincetown and Truro, as they shall purchase for the sole purpose of transplanting beach grass, making and maintaining brush fences and other suitable improvements for the protection and preservation of Cape Cod Harbor, according to the acts of congress providing 1853. Chap. 296—298. 537 therefor : provided, all civil and criminal processes issued under tlic authority of tliis commonM'calth, or any officer thereof, may be executed on any part of said lands, or in any building "W'hich may be erected thereon, in the same manner as if this act had not passed ; and provided also, that all persons Proviso. who shall dwell upon said lands shall be deemed to be inhabi- tants of the to%vns respectively, in which said lands are situated, and shall there perform the same duties, and have the same rights, as other inhabitants of said towns. Sect. 2. This act shall take effect from and after its passage. [Approved by the Governor, May 4, 1853.] An Act to incorporate the Old Colony Historical Society. O/lCtp. 297 Be it enacted by the Senate and House of Representatives, iji General Court assembled, and by the authority of the same, as follows : • Nathaniel Morton, Samuel Hopkins Emery, Hodges Reed, corporators. theii' associates and successors, are hereby made a corporation, by the name of the " Old Colony Historical Society," for the purpose of preserving and perpetuating the history of the old Purpose. colony in Massachusetts, and of collecting and holding docu- ments, books and memoirs, relating to its liistory : with all the powers and privileges, and subject to all the liabilities, con- Powers, duties, tained in the forty -fourth chapter of the Revised Statutes of this commonwealth. And for the purpose aforesaid may hold May hold real ,, , -^ TPf ^^^ personal real and personal estate, to an amount not exceeeclmg liiteen estate to amount thousand dollars. [Approved by the Governor, May 4, 1853.] °^* ^' An Act to incorporate the Cape Cod Machine Company. CilCLp. 298 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: Sect. 1. Thomas Harris, Silvanus B. Phinney, John Mun- Corporators. roe, their associates and successors, are hereby made a corpo- ration, by the name of the Cape Cod Machine Company ; for the purpose of manufacturing machinery, in the town of Barn- stable, in the county of Barnstable : with all the powers and Powers, duties, privileges, and subject to all the duties, restrictions and liabili- ties, set forth in the thirty-eighth and forty-fourth chapters of the Revised Statutes. Sect. 2. The said corporation may hold real and personal Rp"' a^id person- S.1 cstiitc not to estate necessary and convenient for the purposes aforesaid, exceed s;25,ooo. not exceeding in amount twenty-five thousand dollars. Sect. 3. Xo shares in the capital stock of said corporation shares not to be 538 1853. Chap. 298—301. issued under par. shall be issued for a less sum or amount than the par value of the shares which shall be first issued. Sect. 4. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 4, 1853.] Chap, 299-^11 Act to change the Name of the First Universalist Society in ^' Cabotville, He it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Name changed. The socioty heretofore known by the name of the First Universalist Society in Cabot'sdlle, in the town of Springfield, shall, from and after the passing of this act, be called and known by the name of the First Universalist society in Chico- pee. [Approved by the Governor, May 4, 1853.] Chap, 300 -^^ -^^^ "^ addition to the Act incorporating the Boston Episcopal -* * Charitable Society. Be it enacted by the Setiate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Authorized to Sect. 1. The Bostou Episcopal Charitable Society, incor- personTi estate poratcd on the twelfth day of February, in the year seventeen Sioom*"^ hundred and eighty -four, are authorized and empowered to hold, for the charitable purposes mentioned in their act of in- corporation, personal estate to the amount and value of one hundi"ed thousand dollars. Sect. 2. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 4, 1853.] Chan 301 "^^ ^^^ ^^ incorporate the Mattapan Iron Company. Re it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. Stephen M. Allen, Walter Bryent, and James F. Whittemore, their associates and successors, are hereby made a corporation, by the name of the Mattapan Iron Com- Makingsteam pauy, for the purpose of manufacturing steam ensrines and engines in Boston ^ -' ' J- ^ , . . , • n -rt and Maiden. other kinds 01 machinery, m the city of Boston, county oi Suffolk, and in the town of Maiden, in the county of Middle- uabmties"^ SOX : with all the powers, and subject to all the duties, re- strictions and liabiHties, set forth in the thirty -eighth and for- ty-fourth chapters of the Revised Statutes. Real and personal Sect. 2. Said Corporation may hold, for the pm-poses estate S300,000. ^ J > x r 1853. Chap. 301—303. 539 aforesaid, real and personal estate, necessaiy and convenient to operate the same, not exceeding in amount tliree hundred thousand dollars : provided, that no shares in the capital stock Prorided. of said company shall be issued for a less sum or amount, to be paid in on each share, than the par value of the shares first issued. Sect. 3. This act shall take effect from and after its pas- sage. [^Approved by the Governor, May 4, 1853.] All Act to extend the Time for locating and constructing the Amherst Chcip. 302 aud Belchertown Raih-oad. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : The times allowed to the Amherst and Belchertown Rail- Time extended road Company, for locating and constructing its railroad, are °^^ ^^^' hereby respectively extended one year beyond the periods now fixed by law for the locating and constructing thereof. [Approved by the Governor, May 4, 1853.] An Act to incorporate the Pittsfield Hotel Company. CJuxp. 303 IBe it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folio IV s : Sect. 1. W. B. Cooley, Edwin Clapp, David Campbell, corporator?. their associates and sticcessors, are hereby made a corporation, by the name of the Pittsfield Hotel Company ; for the pur- Purpose. pose of erecting, in said tcsvTi of Pittsfield, buildings necessaiy aud convenient for a public house : with all the powers and Powers, duties, privileges, and subject to all the duties, liabiHties and restric- tions, set forth in the forty-fourth chapter of the Revised Statutes. Sect. 2. Said corporation may hold such real and personal Real and pergonal property as may be necessaiy and convenient for the purposes ^*'*'® s3(i,ooo. aforesaid, not exceeding in amount thirty thousand dollars : provided, that no shares in the capital stock of said corporation Provided. shall be issued for a less sum or amount, to be paid in on each, than the par value of the shares first issued. And if any ardent spirits, or intoxicating drinks of any kind what- drink^to b*e^w. ever, shall be sold by said company, or by their agents, les- sees or persons in their employ, contrary to law, in any of said buildings, then this act shall be void. [Approved by the Governor, May 4, 1853.] 540 1853.- -Chap. 304—305. Chan. 304 ^^ -^^^ ^^ incorporate the Annihilator Fire and Marine Insurance Com- "' pany. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Jonathan Amoiy, Edward C. Bates, and Edward A. Dexter, their associates and successors, are hereby made a corporation, by the name of the Annihilator Fire and Marine Insurance Company in Boston, for twenty years, for the pur- pose of making insurance against maritime losses and losses by fire, with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth in the thirty-seventh and forty-fourth chapters of the Revised Statutes, and all other laws in force applicable to the corporation hereby created. Sect. 2. Said corporation shall have a capital stock of not less than one hundred thousand dollars, nor more than five hundred thousand dollars, to be divided into shares of one hundred dollars each, and not to be issued for less than the par value actually paid in, and may hold real estate for its use not exceeding tliirty thousand dollars. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 4, 1853.] Corporators. In Boston, for twenty years. Powers and duties. Capital of $100,000. Real estate §530,000. C/iaj). 305 Dimensions of coal measures. To hold two bushels. To be sealed. Larger measures to be sealed. An Act to regulate the Measurement of Charcoal. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. From and after the first day of July next, in the sale of charcoal, all baskets, tubs, or measures, used in mea- suring the same, except as hereinafter provided, shall be of a cylindrical form, and of the following dimensions in the inside thereof, to wit : nineteen inches in diameter in every part thereof, and eighteen inches and one-tenth of an inch in depth, measured from the highest part of the bottom thereof ; which basket, tub, or measure, shall be deemed to be of the capacity of two bushels, and shall be filled level full : and every such basket, tub, or measure, shall be sealed by a sealer of the town or city in which the person using the same shall usually reside or do business. Sect. 2. It shall further be lawful in the sale of charcoal, to measure the same in boxes, bins or cans of the following capacities, to mt : — Of five bushels, ten bushels, twenty bushels, thirty bushels, forty bushels or fifty bushels, such boxes or bins being first lawfully sealed as aforesaid ; and fi^'e thousand one hundred and thirty-two cubic inches shall be 1853. Chap. 305—306. 541 deemed equal to two bushels, or t)ie level • basket or tub de- scribed in the preceding section. Sect. 3. Every person who shall measure any charcoal sold or offered for sale, in any basket, tub, box, bin, vessel or measure, other or of less dimensions than herein described, for such measures respectively, or not sealed as herein pro- vided,— unless by special agreement of the purchaser and seller, shall forfeit a sum not exceeding one dollar for each Forfeit si, and amount of two bushels of charcoal so measured or pretended "^"""^ destroyed. to be measured, one-half to the use of the city or town where the offence shall be committed, and the other half to the com- plainant ; and such basket, tub, bin, vessel or measure, shall be destroyed. Sect. 4. The mayor and aldermen of any city, or the se- Oi^^ or more , ^ in • .11 persons to be lectraen oi any town, snail appoint one or more suitable per- appointed, sons, to seize and destroy all baskets, tubs, boxes, bins, ves- sels, or measures, used for measuring charcoal not in accord- ance with the provisions of tliis act, and also to prosecute all persons who shall offend against the said provisions. Sect. 5. All forfeitures mentioned in the preceding sections Forfeitures, of tliis act, may be recovered before any justice of the peace or '««°^'^r« ■ police court, and any interest which the town or city where such justice may reside, or in which such police court may be established, may have in or in respect to such penalty or for- feiture, shall not disqualify such justice or police court from acting in cases arising under this act. Sect. 6. All acts and parts of acts, inconsistent with this act, inconsistent are hereby repealed. [Approved by the Governor, May 4:, 1853.] acts repealed. Au Act to cede Jurisdiction to the United States over certain Lauds in /77,„^ QHfi Great Woods' Hole. l^/iap. OUO Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Jurisdiction is hereby granted to the United States over Jurisdiction such tracts of land in Great Woods' Hole, in Falmouth, as may be necessaiy for the construction and maintenance of a sea- wall in the harbor of said Great Woods' Hole ; provided, how- proviso, ever, that the commonwealth shall retain, and it does hereby retain concurrent jurisdiction with the United States, in and over said land, so far that civil and criminal processes issued under the authority of this commonwealth, or any officer thereof, may be executed on any part of said land, or in any building erected thereon, in the same way and manner as if jurisdiction had not been granted as aforesaid. [Approved by the Governor, May 4, 1853.] 61 5i2 1853.- -Chap. 307—308. Chap. 307 An Act to incorporate the Lee Mutual Fire Insurance Company. 5e it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follou's : Sect. 1. J. C. Chaffee, Samuel A. Hulbert, Edward Bos- wortli, tlieii' associates and successors, are hereby made a cor- poration, by the name of the Lee Mutual Fire Insurance Com- jDany, in the town of Lee, in the county of Berkshire, for the term of twenty-eight years, for the purpose of insuring dwel- ling houses, and other buildings, and personal property, against loss by fire, on the mutual principle, with all the powers and privileges, and subject to all the duties, liabiHties and restrictions, set forth in the thii'ty-seventh and forty-fourth chapters of the Revised Statutes, and all the laws subsequently passed relating to Mutual Fire Insurance Comjianies. Sect. 2. No policy shall be issued till the sum of one hun- di'ed thousand dollars shall have been subscribed to be insured. Sect. 3. Tliis act shall take effect from and after its pas- sage. [^Approved by the Governor, May 4, 1853.] Corporators. In Lee, lor 28 years. Purpose. roTTers, duties etc. Ko policy issued uutil, etc. Cha^. 308 Corporators. Purpose. In Boston or Dorchester. Duties and liabilities. Real and person- al estate not to exceed 8100,000. No shares to be issued under par. An Act to incorporate the Suffolk Cordage Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Thomas Lewis, Thomas H. Dunham, Stephen M. Allen, their associates and successors, are hereby made a corporation, by the name of the Suffolk Cordage Company, for the purpose of manufacturing rope, twine and other cordage in the city of Boston, or in the town of Dorchester, in the county of Norfolk, with all the powers and privileges, and subject to all the duties, restrictions and liabilities set forth in the thirty-eighth and forty-fourth chapters of the Revised Statiites. Sect. 2. The said corporation may hold real and personal estate necessary and convenient for the purposes aforesaid, not exceeding in amount one hundred thousand doUai-s : provided, that no shares in the capital stock of said corporation shall be issued for a less sum, in amount, than the par value of the shares which shall be fii'st issued. Sect. 3. Tliis act shall take effect from and after its pas- sage. [^Approved by the Governor, May 10, 1853.] 1853. Chap. 309—311. 543 An Act to incorporate the Myrickville Academy. fhrtr) '^OQ Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. "William Haskins, Obed Mirick and Frederick My ricuviue F. Dewey, their associates and successors, are hereby made a xauutoli' ^^ corporation, by the name of the Myrickville Academy, to be established at or neai- the place called Myrickville, in the town of Taunton, in the county of Bristol, with all the poAvers and privileges, and subject to all the duties, restrictions and lia- Pnviipses and bilitics, set forth in the forty-fourth chapter of the Revised ^'^^'^''''' Statutes. Sect. 2. Said corporation may hold real estate to the value Real and person of five thousand dollars, and personal estate to the value of for educational fifteen thousand dollars, to be devoted exclusively to the pur- p'"p°"''- poses of education. \ Approved by the Governor, May 10, 1853.] I rr ^ ^ ' . An Act concerning County Debts. Chap. 310 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The thirty-sixth section of the fourteenth chapter specific state- of the Revised Statutes is hereby so far amended, that in addi- etc., to be ' tion to the publication of the receipts and expenditures of the p"'-'^^'^®^- several counties, as provided for therein, the county commis- sioners shall hereafter cause to be published a specific state- ment of the debts of theii* respective counties, the piu'poses for which they were contracted, and the time when they shall become due. Sect. 2. No county debt shall be hereafter contracted or county debts not , . T , , -^ . . „ . • to exceed $2000 authorized by the commissioners ol any county m any one per year for each year, for any sum exceedmg the rate of two thousand dol- tauts. ''^'^* '" lars for each and every ten thousand inhabitants in such coun- ty, without the authority of the general court first obtained for that purpose. [Approved by the Governor, May 10, 1853.] An Act in addition to an Act to incorporate the Midland Railroad Q/icip, 311 Company. ^ Be it enacted by the Senate and House of Representatives , in General Court assembled, and by the authority of the same, as follows : Sect. 1. The ^Midland Railroad Company are hereby au- 544 1853.- -Chap. 311—313. Location chaugeJ. May be connect- ed with other roads. thorlzed, and required to change the location of their railroad from the northerly line of First street (extended) in South Boston, to its terminus in Boston, and run the same from the said northerly line of First street, north-easterly and parallel with B. street continued, not exceeding fifteen hundred feet, thence by a suitable curve and straight line to the harbor line established by an act passed on the scA'enteenth day of March, in the year one thousand eight hundred and forty, on the south-easterly side of Fore Point channel, and above the Eastern avenue bridge, thence in a straight line to some con- venient terminus on Sea street in Boston, between Summer street and Wales's wharf; crossing said Fore Point channel as near as may be at right angles with the thi-ead thereof, subject to all the restrictions and liabilities contained in the act incor- porating said company, passed the second day of jMay, in the year one thousand eight hundred and fifty. Sect. 2. Any railroad chartered by the present legislature, within the city of Boston, may cross said ]\Iidland railroad at grade, and be connected, and used therewith according to law. Sect. 3. Tliis act shall take effect from and after its pas- sage. [Approved by the Governor, May 10, 1853.] Ten or more persons may become a corporation. Purpose. Ohctp. 312 An Act to regulate Agricultural, Horticultural and Ornamental Tree Associations. Be it enacted by the Senate arid House of Representatives , in General Court assembled, and by the authority of the same, as follows : Any ten or more persons, in any county, to^\Ti, or city within the state, who shall, by agreement in writing, associate for the purpose of encouraging agriculture, horticulture, or im- proving and ornamenting the streets and public squares of any city or town, by planting and cultivating ornamental trees therein, may become a corporation by such name as they shall assume therefor, by calling their first meeting, and being or- ganized in the manner provided in the forty-first chapter of the Kevised Statutes, for the incorporation of the proprietors of social libraries and lyceums, and every such association, upon becoming a corporation as aforesaid, shall have, during the pleasure of the legislature, all the like rights, powers, and privileges as the proprietors of such libraries, and may hold ^ust^e n'oTt^" I'eal and personal estate, not exceeding ten thousand dollars. exceed $10,000. [A_pproved by the Governor, May 10, 1853.] 1853. Chap. 313. 545 An Act to incorporate the Northampton and Shelburne Falls Railroad ChaT) 313 Company. -^ Be it enacted hy the Senate and House of Representatives, in General Court assembled, and hy the authority of the same, as follows : Sect. 1. Joel Hay den, Ebenezer G. Lamson, Asa How- Corporators. land, Lewis Bodman, Downing W. Graves, their associates and successors, ai*e hereby made a corporation, by the name of the Northampton and Shelbnrne Falls Railroad Comppjiy, with all the powers and privilesres, and subject to all the duties, Powprs, ^ <^ V ^ privilc*^6S. etc liabilities, and restrictions set forth in the forty-fourth chapter of the Revised statutes, and of the thirty-ninth chapter in that part thereof relating to railroad cor23orations, and in all other general laws which have been or shall be hereafter passed re- lative to railroad corporations. Sect. 2. Said company are empowered to locate, construct, J^qY,]"";!*^ and maintain a railroad, with one or more tracks, from a point laiiroaa. in the town of Northampton, by the most convenient route through the towns of Williamsburg, Whately, Conway and Buckland, to the village of Shelburne Falls. Sect. 3. Said company may contract with the stockholders i),\^^ otSer^oads of any roads with which it may connect for the merging of the stock of said roads or for the running and operating of said roads conjointly, or for leasing of said roads, or for the hiring of their own road upon such terms as the directors of said roads may agree, with the assent of the votes of three-fourths of the stockholders of said respective roads, voting thereon at a meeting called for that purpose. Sect. 4. Said company are authorized to construct their iiay coustruct road by sections : the first section to extend from the point in ^ "^^ '^'^' Northampton to a point in Williamsburg ; the second section to extend fi-om the point in Williamsburg to a point in Con- way ; the thii'd section to extend from the point in Conway to the northern terminus in Shelburne Falls. Sect. 5. The capital stock of said road shall consist of four Capital stock thousand and eight hunch'e d shares of one hundred dollars each, sioo each. and the company may purchase and hold such real and per- sonal estate as may be necessary for the purposes of its incor- poration. Sect. 6. Said company may commence the construction of w-iy commence the first section when one thousand two hundred shares of said when 1,200 shares capital stock shall have been subscribed for by responsible auV20 per cent, parties, tmd twenty per centum paid on each of said one thou- p^^^ sand two hundi-ed shares, and a certificate thereof subscribed and sworn to by the president and a majority of the directors, capRai thereof shall be filed in the oifice of the secretary of the commonwealth, ^cc y of'^state. ^ 61* 546 1853. Chap. 313—315. when to^be*'""' Sect. 7. Said company may commence tlie second section commenced. whenever an additional one thousand seven hundred shares of said stock shall have been subscribed for by responsible parties, and twenty per cent, paid thereon, and a certificate thereof filed as aforesaid, when t^obe°°' Sect. 8. Said company may commence the third section commenced. whenever an additional one thousand nine hundred shares of said stock shall have been subscribed for by responsible parties, and twenty jjer cent. i)aid thereon, and a certificate thereof filed as aforesaid. Tocatelin two°' Sect. 9. If the locatiou of said road shall not be filed mfive'^°eaM"'^* ■withiu two years, and any of Said sections shall not be con- structed within five years, the company shall not thereafter be authorized to complete such section or sections. [Approved by the Governor, May 11, 1853.] Ohcip. 314 An Act to change the Corporate Name of the Trustees of the First Methodist Episcopal Meeting House in Bradford. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Name changed. The Corporate name of the Trustees of the First Methodist Episcopal Meeting House in Bradford, incorporated in the year eighteen hundred and thii'ty-eight, is hereby changed, and said corporation shall hereafter be called and known by the name of the Trustees of the First Independent Church in Groveland. [Approved by the Governor, May 11, 1853.] ^ (Jhrtv) 815 -^^ ^^^ ''^ relation to the Grades of Certain Streets and Ways. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Abutting owners Sect. 1. When any street or way, wliich now is, or to grade land at ini i. .■' I'lin their own hereafter shall be opened, m any city or town which shall accept tliis act as hereinafter provided, over any private land, by the owners thereof, and dedicated to, or permitted to be used by the public, before such street or way shall have been accepted, and laid out according to law, it shall be the duty of the owners of the lots abutting thereon, to grade such street or way at their own expense, in such manner as the safety and convenience of the public shall, in the opinion of the mayor and aldermen of any city, or selectmen of any town, require ; and if the OAvners of such abutting lots shall, after reasonable notice given by the said mayor and aldermen espenee. 1853. Chap. 315. 547 or selectmen, neglect or refuse to grade such street or way in in case of refusal manner aforesaid, or to close the same from public use, it expenses of shall be lawful for the said mayor and aldermen, or select- ^'^ ^' men, to caiise the same to be graded as aforesaid, and the expense thereof shall, after due notice to the parties inter- ested, be equitably assessed upon the owners of such abutting lots, by the said mayor and aldermen, or selectmen, in such proportions as they shall judge reasonable; and all assess- ments so made shall be a lien upon such abutting lands, in the same manner as taxes ai'e now a lien upon real estate ; provided ahvays, that nothing contained in this act shall be Provided. construed to afiect any agreements heretofore made, respecting any such streets or ways as aforesaid, between such owners and any city or tovm. ; provided, also, that any such grading of any street or way by the mayor and aldermen, or select- men, as aforesaid, shall not be construed to be an acceptance of such street or way, by any such city or town, and that the said griding of such street or way, by any such owners, or on such notice or procurement of such mayor and aldermen, or selectmen, shall not be construed to be a dedication to the public use of any such street or way, or any part thereof, by the owner or owners of the same. Sect. 2. The mavor and aldermen of any city, or the ^f^y"^ ^^^ •J , , J J ' aklermen or selectmen of any town, by which this act shall be accepted, selectmen may ai*e hereby authorized to fix and establish the grade of any of streets. street or way mentioned in the first section of this act, before the same is actually graded as therein provided, or of any other street or way not legally accepted, and to cause a plan of such grade to be deposited in the office of the clerk of such city or town ; and all those who improre the lots abut- ting on any such street or way after the grade of it shall have been so established and recorded, shall, in their improve- ments, either by building or otherwise, conform to said grade, and shall be entitled to no damages for the making of such street or way according to said grade, provided such street or way be actually made within two years after the grade thereof is established and recorded. The establishing and recording of the grade of any street or way as aforesaid, shall not be considered an acceptance of such street or way by any city or town. Sect. 3. Xo street or way, mentioned in the first and streets or ways second sections of this act, shall be dug up, or in any way obstructed obstructed in any part thereof, without the consent of the etc. °" ^^^^ ' mayor and aldermen of the city, or the selectmen of the town in which such street or way is situated. Sect. 4. This act shall not take efiect in any city or town "'^^^ '° ^^^ 548 1853. Chap. 315—317. until it shall have been accepted by the city council of such city, or by the inhabitants of such town, at a legal meeting. [Approved by the Governor, May 11, 1853.] Chap. 316 An Act to define the Commencement of Suits in Equity in certain cases. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same as follows : Suits in equity, Sect. 1. Whenever any bill in equity for the redemption have commenced, of a mortgage of real estate, shall be inserted in a writ of ori- ginal summons, the service of such writ shall be deemed the commencement of the suit, — if the writ, or a copy of the same, with or without the bill in equity, but with a descrip- tion of the premises sought to be redeemed by such bill, at- tested by the officer to whom such writ shall have been com- mitted for service, shall be deposited within three days after the day on which such service is made, in the office of the clerk of the court to which such writ shall be returnable ; otherwise, the so dej^ositing of such copy or writ shall be deemed the com- mencement of the suit. pe°ndhi^^casM*° Sect. 2. This act shall not apply to any cases now pend- ing. [Approved by the Governor, May 11, 1853.] /tt; ot >7 An Act to incorporate the Youn^ Men's Rhetorical Society of the City vnap. 01/ of Worcester. jBe it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. Sidney Clark, Chas. H. Boswell and Frederick G. Hooker, their associates and successors, are hereby made a corporation, by the name of the Young Men's Rhetorical So- Purpose. ciety of the city of Worcester, for the purj)ose of promoting the moral, intellectual and social improvement of its members : with all the powers and privileges, and subject to all the du- ties, restrictions and liabilities, set forth in the forty-fourth chapter of the Revised Statutes. Real and person- Sect. 2. The Said Corporation may hold real and personal exceed $10,000, cstatc, to bc uscd for the purposes aforesaid, not exceeding in trustees. ^ valuc tlic sum of tou thousaud dollars ; the legal title of which shall be in five trustees, to be annually elected by a majority of the members of the corporation ; but no act of theirs, in the To be disposed of disposal thereof, shall be valid, unless sanctioned by the votes vote.™**'°" ^ of a majority of the members of the corporation. [Approved by the Governor, May 11, 1853.] 1853. Chap. 318—319. 549 An Act concerning the State Lunatic Hospital, at Taunton. Chap. 318 Be it enacted by the Senate and House of Representatives, in General Court assemhled, and hy the authority of the same, as follows : Sect. 1. The government of the State Lunatic Hospital, p^X^Tsted at Taunton, shall be vested in a board of five trustees, to be i° ^^e trustees. ap])ointed in the same manner, and with the same powers and duties, as ai'e prescribed in the forty-eighth chapter of the Ee- vised Statutes, for the government of the State Lunatic Hos- pital at Worcester : except, that the visitations of the new hos- visitations of pital shall be monthly by two of the trustees, quarterly by a * ° •^"^p^'"!' majority of them, and semi-annually by the whole board ; and all the provisions of said chapter concerning the committal, support, and removal of lunatics, and all provisions of subse- quent enactment now in force, so far as the same can be made applicable, are hereby extended and made applicable to the management of said hospital at Taunton. Sect. 2. The justices of the supreme judicial court or of Powers of justices the court of common pleas, at any term held within and for court of common the county of Bristol, shall have the same powers with refer- p^^^^" ence to the hospital at Taunton that are now given to them at any term held within and for the county of Worcester with reference to the hospital at Worcester. Sect. 3. The trustees to be appointed under tliis act shall. Trustees to give when said hospital is completed and ready to receive patients, ernor, who°may give notice thereof to his excellency the governor, who shall patients^etc!^ '^^ thereupon direct the removal from the hospital at Worcester, and the transfer to the hospital at Taunton, of such number of the inmates of the former hospital as he shall deem proper ; and at any time thereafter the governor shall cause to be re- moved from one hospital to the other, such of the inmates of either, as circumstances or the necessities of the case may, in his judgment, requii-e. [Approved hy the Governor, May 11, 1853.] An Act for the Equalization of Taxes. Chnn SIO He it enacted hy the Senate and House of Representatives, in General Court assemhled, and hy the authority of the same, as follows : Sect. 1. All property liable to taxation in this common- wealth shall be assessed at its fair cash value. Sect. 2. The assessors or other persons empowered to as- Assessors to , . ..•'•,. 1 1 1 n niaKeoathto sess the taxes m any town or city m this commonwealth, shall vaiuauon Ust. subsciibe and take the follo-s^dng oath at the close of the valu- ation list : — 550 1853. -Chap. 319—320. No abatement shall be made until, etc. Liable to pains and penalties of perjury for false oath. " We, (the assessors, or mayor and aldermen, or county comissioners, as the case may be,) of , do hereby solemnly swear that the foregoing list is a full and true list of the names of all persons known to us, who are liable to taxation in , (here insert the name of the town or city), during the present year, and that the real and personal estate con- tained in said list, and assessed upon each individual in said Kst, is a full and accurate assessment upon all the property of each individual, liable to taxation, at its full and fair cash value, according to our best knowledge and belief." Sect. 3. No abatement shall be made of the taxes assessed upon any individual, until he shall have filed with the asses- sors a list subscribed by him of his estate liable to taxation, and made oath that it is a full and accurate list of the same, according to his best knowledge and belief. Sect. 4. If any person shall wilfully and designedly make and subscribe any false oath, mentioned in tliis act, he shall be liable to the pains and penalties of perjury. Sect. 5. Tliis act shall take effect from and after its pas- sage. [Approved by the Governor, May 11, 1853.] Chap. 320 May extend pipes into Dorchester. May open ground sink pipes, etc., with consent of selectmen of Dorchester. ProTided, etc. An Act to authorize the South Boston Gas Light Company to extend their Gas-pipes into the Town of Dorchester. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The South Boston Gas Light Company are here- by authorized to extend their gas-pipes or mains, into the streets and public grounds of the town of Dorchester. Sect. 2. Said corporation, ynth. the consent of the select- men of the town of Dorchester, shall have power and authori- ty to open the ground in any part of the streets, lanes and highways in said town, for the purpose of smking and repair- ing such pipes and conductors as it may be necessary to sink for the pui-pose aforesaid ; and the said corporation, after opening the ground in said streets, lanes and highways, shall be held to put the same into repair, under the penalty of be- ing prosecuted for a nuisance : provided, that the said select- men, for the time being, shall at all times have the power to regulate, restrict and control all the acts and doings of said corporation, which may in any manner affect the health, safety and convenience of the inhabitants of the said toAvn. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 11, 1853.] 1853. Chap. 321—323. 551 An Act authorizing the Nepon set Reservoir Company to increase their ClldJ). 321 Capital Stock. 3t it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The Neponset Reservoir Company, incorporated ^^^^p^'^] ^'^'g'^^^' by an act passed in the year one thousand eight hundred and forty-five, is hereby authorized to increase their capital stock, by adding thereto fifteen thousand dollars ; the whole capital stock not to exceed twenty-five thousand dollars. Said corpo- May hold addi- ration may hold additional real estate to an amount not ex- "orto exceed'bi* ceeding in the whole fifteen thousand dollars. «Hom)'^^ Sect. 2. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 11, 1853.] An Act to authorize the City of Cambridge to take Stock in the Cam- ^^ ooo bridge Water- Works, or to loan Money on Pledge of the Stock of t//j^. O^A said Company. Be it enacted by the Senate and House of Representatives, ill General Court assembled, and by the authority of the same, as follows : Sect. 1. The Citv of Cambridge are hereby authorized to p?y°f ^f?^-. . • "^ pT ^ c ^ A ^ • ^ -vxr bridge authorized subscribe for any portion of the stock of the Cambridge W a- to take stock in ter-Works, and said shares may be paid for in cash or in ex- change for bonds of the said corporation, at not less than the par value thereof; or to loan money to the said company on pledge of their stock. Sect. 2. Tliis act shall take effect from and after its pas- sage. [Approved by the Governor, May 11, 1853.] An Act to incorporate the Berkshire Iron Works. CJlCip. 323 Re it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Stephen E,. Gay, Charles S. "Webster, and Cyrus ironworks H. Woodruff, their associates and successors, are hereby made stockbndge. a corporation, by the name of the Berkshire Iron Works ; for the pui-pose of manufacturing iron, in the town of West Stock- bridge, in the County of Berkshire ; with all the powers and Powers and privileges, and subject to all the duties, restrictions, and lia- bilities, set forth in the thirty-eighth and forty-fourth chapters of the Revised Statutes. Sect. 2. Said corporation may hold real and personal estate aUstat^notT"" necessary and convenient for the purpose aforesaid, to an exceed s30,ooo. amount not exceeding thirty thousand dollars : provided, that Prorided. 552 1853. Chap. 323—325. no shares in the capital stock shall be issued for a less sum or amount than the par value of the shares which shall be first issued. Sect. 3. This act shall take effect from and after its passage. [Approved hy the Governor, May 11, 1853.] Chap, 324 An Act to extend the Operation of '' An Act to authorize tlie County Commissioners of Berkshire County to pay Expenses of a certain Highway in Franklin County." Tie it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Ac^^extended Sect. 1. The provisions of the two hundred and fifteenth chapter of the laws passed in the year one thousand eight hun- dred and fifty, are hereby extended for three years from the seventeenth day of April, A. D. 1853. Sect. 2. This act shall take efifect from and after its pas- sage. [Approved by the Governor, May 11, 1853.] r*h ^9^ ^" ^^^ ^'^'^ ^^^ Correction of the County Maps. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Secretary shall Sect. 1. The Secretary of the commonwealth shall cause county commis- copics to be made of the manuscript county maps which have man'^uscrip"'^^'^'^ bccn prepai'ed as required by the act passed April 16, 1846, rnapf'"^'^'*""*^ chap. 241, showing on said copies respectively, the additions and corrections that have been duly authorized ; which cojnes shall be sent to the several county commissioners to be retained permanently by them for their own use, and for the purpose of making future alterations as required by law. be^transmlued' Sect. 2. Tlic Secretary of the commonwealth shall, as often to county com- hereafter as in his iudsfment it may become necessary, transmit missioners for . Jo /■•ii i correction, and thc mauuscnpt couuty maps aforesaid to the several county com- within 2 months, iiiissioners, ill order that they may cause such alterations and corrections as shall have been made, to be transferred thereto, which shall be done under their direction by some competent engineer or surveyor ; and said manuscript maps shall be re- turned by said commissioners to the office of the secretary within two months after they shall have been so transmitted. Inconsistent Sect. 3. All acts and parts of acts, inconsistent with the acsrepeac . pi-Qvisions of this act, are hereby repealed. [Approved hy the Governor, May 11, 1853.] 1853. Chap. 326—328. 553 An Act to incorporate the Cape Cod Mutual Fire Insurance Company. (JJlCtp. 326 Be it enacted by the Seiiate and House of Representatives , in General Court asscmhled, and hy the authority of the same, as follows : Sect. 1. Giles Pease, Jonathan Leonard, Eussell Fish, ^^"'"''i ''^^"'•- ^ ^ _ " ance coiupjiuy their associates and successors, are hereby made a corporation, J" Sandwich. b)' the name of the Cape Cod Mutual Fire Insurance Com- pany, in the town of Sandwich, in the county of Barnstable, for the term of twenty-eight years, for the purpose of insuring 'l'^^^^^^^'^^^^' dwelling houses and other buildings, and personal property within this commonwealth, againgt loss by fire, on the mutual principle ; with all the powers and privileges, and subject to PnTiieges and all the duties, liabilities, and restrictions, set forth in the thirty- seventh and forty -fourth chapters of the Revised Statutes. Sect. 2. No policy shall be issued until the sum of one '"^len policies hundred thousand dollars shall be subscribed to be insured. [Ap2)roved hy the Governor, May 11, 1853.] All Act to extend the Time for paying in the Capital Stock of the Globe Chan. 327 Insurance Company. -^ Be it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : The time within which the capital stock of the Globe In- Time extended surance Company is by law requii-ed to be paid in, is hereby capiat ai 'stock. extended to the thirteenth day of April, in the year one thousand eight hundred and fifty-four, [Approved by the Governor, May 11, 1853.] An Act changing the Time for holding the Annual Meeting of the Boston pj 090 and Providence Railroad Corporation, and for other purposes. y-'/lCtp- 0^0 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The annual meeting of the Boston and Pro vi- Time for holding dence Railroad Corporation shall, from and after the present chrnlid?*^*^""^ year, be holdeii on the second Wednesday of January, instead of the first Wednesday of June, as is by law now provided. Sect. 2. The location of the branch road leading from Time of sung the toll-gate station through West Roxbury to Dedham, filed S"''""''^" in the clerk's office of the county of Norfolk in July, one thousand eight hundred and fifty-one, is hereby declared to be as valid and effectual to all intents and purposes, as if the same had been filed in said office within the time provided iu 62 Corporators. 554 1853. Chap. 328—331. the statute authorizing the construction of said branch road. [Approved by the Governor, May 11, 1853.] nj "^OO An Act to incorporate the Plienix Mutual Fire and Marine Insurance Vmj). o^J Company. Be it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Samuel S. Perkins, J. B. Bridgman, James ]\I. Keith, their associates and successors, are hereby made a corporation, by the name of the Phenix Mutual Fire and Marine Insurance Co., to be established in the city of Boston, for the term of Term of 28 years, twenty-eight years, fdr the purpose of insuring against mari- time losses and losses by fire on the mutual principle of extra hazardous risks, such as cotton and woollen mills, carpenter and cabinet shops, tub and pail factories, sash and blind facto- ries, oil factories, glass factories, match factories, batting and wadding mills, chemical works, and also extra hazardous Powers, duties, marine risks, with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth in the thir- ty-seventh and forty-fourth chapters of the Revised Statutes, and all laws subsequently passed relating to mutual insurance companies. [Approved by the Governor, May 11, 1853.] /^7i/v,^ Q^n An Act to authorize John Kenney, Thomas Kendrick, and their associ- Be it enacted by the Senate and House of Representatives , in General Court assembled, and by the authority of the same, as follows : John Kenney, Thomas Kendrick, and their associates, are Harwich* hereby authorized to build a wharf from their land adjoining Pleasant Bay, in Harwich, and to extend the same six hun- dred feet into said bay ; and shall have the right to lay ves- sels at the end and sides thereof, and receive wharfage and wharfage. dockagc thcrefor ; and said wharf shall be built on piles below Proviso. low-water mark : provided this grant shall not impair the legal rights of any person. [Approved by the Governor, May 11, 1853.] Chan. 331 An Act to incorporate the North Egremont Aqueduct Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. William W. Stillman, Hcmy Dewey, and Ephra- im Baldwin, of Egremont, their associates and successors, are 1853. Chap. 331. 555 hereby made a corporation, by the name of the Xorth Egre- mont Aqueduct Company, for the purpose of supplying the Purpose, inhabitants of the viUage of North Egremont with good water ; with all the powers and privileges, and subject to all the dvi- ties, restrictions, and liabilities, set forth in the thirty-eighth and forty-fourth chapters of the E-evised Statutes. Sect. 2. Said corporation may hold real and personal S5000 of real and f, ■, r, •! ,.. iii personal estate. estate tor the purpose aioresaid, not exceedmg m amount tne sum of five thousand dollars. Sect. 3. The said corporation may take, hold, and convey Corporation may . . CI •1'n 11 1 convey water, mto the mam streets oi the said village, and the other streets etc. leading out of and parallel to the same, the waters of the spring situated on the land of Daniel Messenger, about forty rods west of said villasfe : and may take and hold land neces- ^lay ta^-'" and „,. ,'-'..."' , . ., hold land. saty lor laying and maintaining aqueducts, reservoirs, and fountains, and may take the right to the land on which the said spring is situated. The said corporation shall, within sixty days from the time of taking any lands or springs, file in the office of the registry of deeds for the southern district of Berksliire, a description of the lands or sprmsrs so taken, as Description of . . T . ^111 lan^^ taken to be certain as is required m a common conveyance oi land, and a tiled within, statement of the purpose for wliich they are taken, signed by ^'^*y ''"i*- the president of said corporation. Nothing in this act con- tained shall affect any suits or actions now pending in any of the courts of the commonwealth. Sect. 4. The said corporation may make aqueducts from Po^er to dig up ,, .T.-ii -, .. road, lav pipes, the aforesaid source, tlii'ough said village, and may maintain etc., with consent the same by suitable works ; may make reservoirs and hy- ° ^"^ ^^ ^^^' drants, and may distribute the waters throughout said village by la^'ing down pipes, and may establish rents therefor ; and the said corporation may enter upon and dig up any road, under the direction and by the consent of the selectmen of the town of Egremont, for the purposes aforesaid ; and the said nei<' to put same corporation, after opening the ground in said streets and high- ways, shall be held to put the same in repair, under the penalty of being prosecuted for a nuisance. Sect. 5. All damages sustained by taking land, water, or Damages, how water rights, or by making aqueducts, reservoirs, or other and^recovered. works, shall be ascertained, determined, and recovered, in the same manner as now provided in cases where land is taken for highways ; and no diversion of any nature, or construction of any work by said corporation, shall be commenced until all damages shall have been ascertained or agreed upon, and paid to the person or persons damaged thereby. Sect. 6. Any person who shall maliciously divert the fnjurjn^^4°que- water, or any part thereof, or the sources thereof, wliich shall ^uot, etc, and ' • ■•■ ■' "^ how recovered. 556 1853. Chap. 331—332. be taken by the said corporation, pursuant to the provisions of this act, or who shall destroy or injure any reservoir, aqueduct, pipes, hydrants, or other property, held, owned, or used by said corporation for the purposes aforesaid, or who shall corrupt the said waters, or render the same impure, shall pay to the said aqueduct company three times the amount of the damages so done, to be recovered by any proper legal ac- tion ; and any such person, on conviction of either of the nia- How punished, licious acts aforcsaid, may be punished by a fine not exceeding one hundred dollars, or imprisoned in the house of correction not exceeding six months. No shares to he Sect. 7. No sharcs in the capital stock of said company isancfl nndpr nnr. ■, it -i • -, n ^ 1 n -T snail be issued tor a less sum or amount, to " be actually paid in on each, than the par value of the shares which shall be first issued. Sect. 8. This act shall take effect on and after its passage. [Approved by the Governor, May 11, 1853.] issued under par. Chap. DO^ An Act to incorporate tlae Crystal Lake Water Works. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the -authority of the same, as follows : Corporators. Sect. 1. Francis G. Macy, Gcoi'go Odioriie, Laugdou Cof- fin, Isaac Story, Jr., J. W. Clark, their associates, successors and assigns, are hereby made a corporation, by the name of the Name. Proprietors of the Crystal Lake Water Works ; for the pur- Purposes. poscs of constructiiig, establishing and maintaining an aqueduct or water works, in the town of Chelsea, and in one or more towns in the counties of Middlesex and Essex, and obtaining, using and distributing water, and supplying the inhabitants Rights, duties, witli the Same for domestic and other uses : with all the rights, ""'• privileges and powers, and subject to all the duties and restric- tions, set forth in the thirty-eighth and forty-fourth chapters of the Revised vStatutes. Corporation not Sect. 2. Nothiiig herein contained shall be construed to etc.f without' authorize said corporation to take any land or materials, pond seiectmen^or oi' watcr courso, witliout the conseut of the owners or occu- piers thereof, nor to dig up or open any street, toAvn or county road, for the purpose of placing, repairing, maintaining their aqueduct, mains, pipes or works therein, or extending the same, without the consent of the selectmen, county commis- sioners or other authorities having jurisdiction in relation to said streets, town or county roads. Sect. 3. Said corporation may be lawfully seized and pos- May hold real scsscd, hold aiid iiiiprove such real estate, including ponds. other authorities. estate conyen- 1853. Chap. 332—334. 557 springs, water courses, Avater rights and privileges, as may be 'f"*;'-,''^*'i3"r*?*nm' necessary or convenient for the purposes of said corporation, not exceedinsf in vahie tAvo hundred and fifty thousand dol- p-}'"-,^"' ^^'^^^ 1 1111 -1 1 r • ^ • 1 11 S500,000. lars ; and the ■wlioie capital stock oi said corporation shaii not exceed five hundred thousand doUars. Sect. 4. No shares in the capital stock of said corporation No shares to be ini. -1^ T ,,1 • 1 • 1 issued under par. snail lie issued lor a less sum or amount, to be paid in on each, than the par value of the shares first issued. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 11, 1853.] An Act relating to Insurance Companies. 011(0) 333 Be it enacted by the Senate and House of Representatives, iji General Court assembled, and by the authority of the same, as follows : Sect. 1. It shall not be laAvful for any insurance company, inpurance incorporated by a law of this commonwealth, to do business buTin'ess^^ndor under any other name, style, designation, or title, nor for any *'^"'' '''^''^ ^'^^"^^ other ]3urpose, nor upon any other principle, than is expressed in its charter, and every foreign company doing business as an insiu-ance company in this commonwealth, shall do business only in the proper and legal name of such company, and not by A'arious and different names : and the policies and contracts of insurance issued in Avriting by any company in this com- monwealth, incorporated or not incorporated, shall not be headed or entitled by any other name or title, than its legal name and title. Sect. 2. Any person or company offending against the Pcmity for provisions of this act shall, for each offence, forfeit a sum not ''^'^■'^'''"=- exceeding five hundred dollars, at the discretion of the court, to be recovered by indictment in any court proper to try the same. Sect. 3. It shall be the duty of each attorney of the com- Duty of district ,,., , .*' ,,.. '' , (. attorneys. mouAvealth m the several counties and districts thereoi, upon complaint being made to him of any violation of this act, to cause the same to be presented to the grand jury for inves- tigation and presentment. [Approved by the Governor, May 11, 1853.] An Act to incorporate the Cheney Silk Mills. CllCW 334 He it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. "Ward Cheney, William Frost, J. W. Clark and Corporators. B. W. Balch, their associates and successors, ai'e hereby made 62* 558 1853. -Chap. 334—335. Cheney silk mills a corporatioii bv the name of the Cheney Silk Mills, for the m Chelsea. i> r • •^^ •^^ n • i purpose 01 manutacturmg silk, silk goods, articles composed partly of silk and partly of other materials, and the machinery therefor in the tcsvii of Chelsea, and for the purpose of using, improving and disposing of the same or any of them : with all the powers and duties, and subject to all the restrictions and liabilities, set forth in the thirty-eighth and forty-fourth chapters of the Revised Statutes. Sect. 2. The said corporation may hold for the purposes aforesaid, real estate to the amount of one hundred and fifty thousand dollars, and the capital stock of said corj^oration shall not exceed the amount of five hundred thousand dollars. Sect. 3. No shares in the capital stock of said corporation shall be issued for a less sum or amount than the par value of the shares first issued. Sect. 4. This act shall take effect from and after its passage. [Approved by the Governor, May 11, 1853.] Powers and liabilities. Real estato $150,000. Capital stock S500,000. No shares issued under par. Chap. 335 Certificates of intention not to be issued in certain cases, unless, etc. Clerks may require sworn affidayits of age. An Act in addition to an Act relating to Banns of Marriage. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. No clerk or registrar of any city or town shall issue any certificate of intention of marriage to any male per- son under the age of twenty-one years, or to any female person under the age of eighteen years, except it be upon the appli- cation of the parent, master, or guardian of such person, or with their consent in writing expressed, under a penalty not exceeding one hundred dollars, to be recovered by indictment, to the use of the commonwealth, in any court proper to try the same : provided, that if there be no parent, master or guardian, in the state, competent to act, a certificate may be issued with- out the application or written consent aforesaid. Sect. 2. The clerk or registrar of every city or town may require of any person who shall apply for a certificate of in- tention of marriage, an affidavit, sworn to before some justice of the peace for the county where such application is made, set- ting forth his or her age, and for the piu-poses of this act, such affidavit shall be proof of the age of the person to whom such a certificate shall be given. [Approved by the Governor, May 12, 1853.] 1853. Chap. 336. 559 An Act concerning the Boston, Barrc, and Gardner Railroad Corporation. C/lCip. 336 Be it enacted by the Sctwtc and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect 1. The time allowed to tlic Boston, Barre, and Gard- Time for con- _-,.--,_ .- ^- ' /•! «tructiiiK road ner Kailroacl Corjioration-, 1)y an act passetl on the twcnty-loiirth extended to i866. day of April, in the year one thousand eight hundred and fifty- one, for constructing their railroad, is hereby extended to the first day of July, in the year one thousand eight hundred and fifty-six. Sect. 2. Said corporation is hereby authorized to construct May construct .^ • 1 t ,• by sections. then- road by sections : The first section to extend from some convenient point on Description of the AVorcestcr and Nashua Railroad in the city of Worcester, sections. through the towns of West Boylston and Holden, to some p>"' section, convenient point in the town of Princeton. The second section to extend from the northerly end of the second section. first section in the toAvn of Princeton, through the town of Hubbardston, to some convenient point on the Vermont and Massachusetts Railroad in the town of Gardner. The third section to extend from some convenient point on Third section, the first section, tlu'ough the towns of Rutland, Hubbardston, and Oakham, to some convenient point in the town of Barre, all in the county of Worcester. And the said corporation, after it has commenced the con- struction of the first section, may construct either or both of the second and thii'd sections, or so much of the third section as it may think p-oper, subject to the provisions hereinafter contained, as to capital stock. Sect. 3. Said corporation is herebv authorized to enter ^f-y "'^>*': ^^'^ ■I » . other roads. upon and unite its road by proper turn-outs and switches, and at convenient points in the city of Worcester, with the A\"orcester and Nashua, the Boston and Worcester, the Provi- dence and Worcester, and the Norwich and Worcester Rail- roads. Sect. 4. Said corporation is hereby authorized to lease its Contracts with road to either of the railroad corporations mentioned in the be approved by preceding sections, or to the Vermont and Massachusetts Rail- * road Company or it may take a lease or leases of portions of any adjoining railroads, upon such terms and conditions as the di- rectors of the contracting corporations may agree upon, subject to the approval of three-fourths, in interest, of the stockholders of each of the contracting corporations present and voting at legal meetings called for that purpose. SECt. 5. The said corporation may commence the con- construction of 560 1853. -Chap. 336—237. sections, when to commence. Time for estimating land damaf;es, etc., extended. stniction of the first section of their raih'oad whenever two thousand shares of the capital named in their act of incorpora- tion shall have been subscribed for by responsible parties, and twenty per cent, paid on each of said two thousand shares, and a certificate thereof subscribed and sworn to by the president and a majority of the directors, filed in the office of the secre- tary of the commonwealth. And said corporation may also commence the construction of either the second or third sec- tions of its raih'oad, whenever two thousand shares of said stock additional shall have been subscribed for such section, and twenty per cent, paid thereon, and a certificate thereof filed^ as hereinbefore provided. Sect. 6. The time within which application may be made to the county commissioners, to estimate damages for land or property, taken by said railroad corporation, as provided in the E-evised Statutes, is hereby extended for three years from the passage of this act, notwithstanding the said corporation may have heretofore filed the location of their said railroad. Sect. 7. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 12, 1853.] C/iap. oo^ oo Position and rank, how An Act relating to Artillery Companies. Be it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Whenever separate companies of artillery, equip- determined when ped and actinsT as infantrv, asrreeablv to the provisions of the infantry. lotli scctiou of the 218th chapter of the statutes of 1849, shall be annexed to or incorporated into a regiment or battalion of infantry, for the purpose of parade, inspection, review or camp duty, or whenever several companies of artillery and infantry, belonging to different regiments or battalions, shall be detailed for special duty, and parade together as infantry, forming one or more regiments or battalions, then and in either of such cases said companies of artillery and infantry shall be con- sidered as equal in rank, and the position in line of each shall be determined only by the rank and date of commission of the officer in command at the time. Sect. 2. All acts and parts of acts inconsistent with this act are hereby rejiealed. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 12, 1853.] Inconsi.stent acts repealed. 1853. Chap. 338. 561 An Act to incorporate the Town of Lakeville. CJlCip. 338 Tic it enacted hi/ the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. That portion of the toMTi of Middlchorough Boundaries, lying A\ithin the following boimdaries, to wit : beginning at the south-Avesterly corner of said toAvn, at or in the line of the town of Freetown at an angle ; thence running easterly in the line between said INliddleborough and the towns of Free- town and Kochester to a point equi-distant between Haskell's Island and Eeed's Island, in Great (^uitticus Pond ; thence running northerly across said Quitticus Pond to a point upon Long Point, so called, .five rods easterly from the bridge, at a stake ; thence running northerly, through the Narro"svs in Pock- shire Pond to the junction of said pond with Assawampsett Pond ; thence running north-westerly, in the said Assawamp- sett Pond, to Nemasket River, w^here it runs from said Assa- wampsett Pond ; thence running northerly, down and follow- ing the channel of said river, to the bridge of the Cape Cod Branch Railroad, across the same ; thence running west, five rods, to an elm tree standing in the north line of said rail- road ; thence running north, tliirty-five degrees west, fifty- four rods, to the north line of John C. Reed's land ; thence running in said Reed's line, north, fifty-three degrees west, seventy rods, to the main road ; thence running in the same coui'se seven hundred and fourteen rods, to Trovit Brook, the line passing a wdiite oak tree near Trout Brook, in Thomas P. Tinkham's land, twenty links to the south thereof; thence running down and following the channel of said brook, to the line of the town of Taunton ; thence running southerly and south-westerly, in the liiie between Taunton and Middle- borough, to the'' line of the town of Freetown, and thence, in the line and between Freetown and Middleborough, to the place of beginning : — is hereby incorporated into a town by the name of Lakeville ; — and the inhabitants of said town of Powers and Lakeville are hereby invested with all the powers and privi- leges, and shall be subjected to all the duties and requisitions, of other incorporated towns, according to the constitution and laws of this commonwealth. Sect. 2. The inhabitants of said town of Lakeville shall conoeming be holden to pay all arrears of taxes legally assessed upon **^*'^' them before the passage of this act, and also their j^ioportion of such state and county taxes as may be legally assessed upon them before the next state valuation, such jiroportion to be ascertained and determined bv the last state valuation of 562 1853. -Chap. 338. Support of paupers Division of property. Proceedings in case of disagreement. Fisheries, how regulated. Disposal of proceeds. Tire district established. Provisions for property ; and all moneys now in the treasury of said town of Middleborougli, or which may hereafter be received therein from taxes already assessed or directed to be assessed, shall be applied to the purposes for which they were raised and assess- ed, in the same manner as if this act had not been passed. S.ECT, 3. The said towns of ISIiddlcborough and Lakevillc shall hereafter be respectively liable for the support of all such persons who now are relieved or hereafter may be reliev- ed as paupers, whose settlement was gained by or derived from a residence within their resjjective limits. Sect. 4. The inhabitants of said town of Lakevillc shall be liolden to pay their just proportion of all debts due from said town of Middleborough, at the time of the passage of this act ; and shall receive their just proportion of the value of all property, real and personal, and of all assets, funds and stocks, now owned by and belonging to the said town of Middle- borough ; and if said towns shall not agree in respect to a division of jDroperty, funds, stocks, debts, or state or county taxes, or the settlement of any pauper or paupers noAv sup- ported by said town of Middleborough, the court of common pleas for the county of Plymouth shall, upon the petition of either town, appoint three competent and disinterested per- sons to hear the parties and award between them ; and their award, or the award of any two of them, being accepted by said court, shall be final. Sect. 5. The alewive fisheries of the Xemasket River shall be and remain the property of said towns of Middle- borough and Lakeville, and the manner of taking said fish, and the whole management of said fisheries, shall be regulated by the selectmen of said towns ; and the proceeds thereof shall be divided between the said towns, in proportion to the number of ratable polls in each respectively, and the respect- ive parts of such proceeds shall be disposed of by said toAvns respectively, in such manner and for such purposes as each town shall for itself determine and direct. Sect. 6. That portion of the fire district heretofore estab- lished by the inhabitants of the village or district of " ]Mid- dleborough Four Corners," which is within the limits of said town of Lakeville, is hereby taken from said fire district, and the remaining portion of said fire district shall be and remain a fire district, with all the poAvers and privileges of such dis- tricts, and all taxes, heretofore assessed on any of the inhab- itants of the original district, shall be collected and applied to the purposes for which they were assessed, in the same man- ner as if this act had not been passed. Sect. 7. Said town of Lakeville shall continue to be a 1853. Chap. 338—339. ' 563 part of the to^vn of iNIiddlcborough, foi- tlic purpose of elect- ^11°,' fcafral**^ injT state officers, senators and representatives to the general officers, court, representatives to congress, and electors of president and vice president of the United States, until the next decen- nial census shall be taken, in pursuance of the thirteenth arti- cle of the amendment of the constitution ; and meetings for the choice of said oiHcers shall be called by the selectmen of ^liddleborough, and shall be holdcn in the town of Middle- borough ; and the selectmen of Lakeville shall make a true list of all persons within their town, qualified to vote at every such election, and shall post up the same in said town of Lakeville, and shall correct the same as required by law, and shall deliver a true copy of the same to the selectmen of Mid- dleborough, seven days at least before the day of every such meeting or election, to be used thereat. Sect. 8. Any justice of the peace for the county of Ply- ^o^,y*caiied°°' mouth may issue his warrant, directed to any principal inhab- itant of said town of Lakeville, requiring him to notify and warn the inhabitants thereof, qualified to vote in town affairs, to meet at the time and place therein appointed, for the pur- pose of choosing all such town officers as towns are by law authorized and required to choose at their annual meetings, and said warrant shall be served by posting up copies thereof, attested by the person to whom the same is directed, in four public places at least, in said town, and fourteen days at least before the time of meeting. The selectmen of Midclleborough shall, before said meeting, prepare a list of voters in said town of Lakeville, qualified to vote at said meeting, and shall deliver the same to the person presiding at said meeting, before the choice of moderator thereof. Sect. 9. This act shall take effect from and after its pas- sage. [Ajyproved by the Governor, May 13, 1853.] An Act to establish the Conway Academy. pi o o q Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority qf the same, as follows : SEfT. 1. George M. Adams, Asa Howland, John Clary, Corporators. E. D. Hamilton, Otis Child, and James S. Whitney, with their associates and successors, are hereby made a corporation, by the name of the Conway Academy, in the town of Conway, in the county of Franklin, with all the powers and privileges, and ^"T."- subject to all the duties, liabilities and restrictions, set forth in ' the forty-fourth chapter of the Revised Statutes. Sect. 2. Said corporation may hold real and personal Real and personal 564 1853. -Chap. 339—340. estate _S?25,000, exclusive of books, etc. estate to the amount of twenty -five thousand dollars, exclusive of books and apparatus devoted to purposes of education. [Approved by the Governor, May 14, 1853.] District of Boston Corner ceded to state of New York. OhctP. 340 -^^ ^^"^ relating to the Separation of the District of Boston Corner from ^ ' this Commonwealth, and the Cession of the same to tlie State of New York. Be it enacted hy the Senate and House of Representatives y in General Court assembled, and by the authority of the same, as follows : Sect. 1. Sovereignty and jurisdiction over that portion of the territory of this commonwealth, known as the district of Boston Corner, — situate in the south-westerly corner of this commonwealth, and westerly of the south-west line of the town of Mount Washington, in the county of Berkshire, — is hereby ceded to the state of New York ; with all the powers, privileges, rights and jurisdiction, now exercised over the same by this commonwealth ; subject, however, to the provisions Provided. hereinafter expressed ; and provided, this act shall not take effect until the congress of the United States shall consent to , such cession and annexation, and until the state of New York shall, by an act for that purpose, accept the jurisdiction of the territory hereby proposed to be transferred, upon such terms as shall leave and vest in the courts of this commonwealth au- thority to take and hold effectual civil and criminal jurisdiction in any cause or matter pending, or which shall have arisen anterior to the issuing of the proclamation hereinafter named ; and this act shall be void, unless such action by the govern- ment of the United States and state of New York shall take place within tAvo years from the passage of this act. Sect. 2. For the better defining the limits and extent of the territory above mentioned, his excellency the governor of this commonwealth, shall appoint a suitable person to act in conjunction with proper authorities of the state of New York, who shall forthwith cause an accurate survey and map to be made of the said territory, and shall cause sufficient monuments to be erected in and along the eastern boundary- line of said territory, and shall cause the said map and survey to be duly authenticated and filed in the office of the secretary of this commonwealth, as record evidence of the extent and limits of said grant. But no part of the expense of such sur- vey shall be borne by this commonwealth. Sect. 3. Whenever the governor of this commonAvcalth for the time being, shall receive official notice of such consent of the congress of tlie United States, and the acceptance of This act to be Toid unless , etc. Limits and extent of terri- tory, how to be defined. Governor to issue his proclamation. 1853— Chap. 340—341. 5G5 the cession aforesaid by the legislature of the state of New York, he shall issue a proclamation declaring the said district of Boston Corner to be a part of the state of New York. [Approved by the Governor, May 14, 1853.] C7iap. 341 An Act to incorporate the Proprietors of the City Hotel in Worcester. Be it enacted by the Senate and. House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Eejoice Newton, Isaac Davis, Francis H. Kinni- corporators, cutt, their associates and successors, are hereby made a corpo- ration, by the name of the Proprietors of the City Hotel in iiotei in Worcester, for the purpose of erecting a hotel or boarding- ^^ <"^''*'*'*'"- house in the city of Worcester, and maintaining the same and the buildings and appurtenances connected therewith ; and for those purposes shall have all the powers and privileges, and Privileges, be subject to all the duties, liabilities and restrictions, set forth ' * ' ill the thuty-eighth and forty-fourth chapters of the Revised Statutes : provided, that said corporation shall not carry on the Proviso, business of hotel or boarding-house keeping, or be in any way interested in said business : and provided further, that if any x- • . • .• . . T . 1 /, 1 . T 1 11 intoxicating ardent spirits or intoxicating diinks of any kind whatever shall drinks to bo soiu. be sold by said company, or by agents, lessees or persons in its employ, in any of said buildings, then this act shall be void. Sect. 2. The whole amount of real and personal estate or capital not to . ^ ^ 1 • 1 • 1 • 111111 exceed SlOO.OOO. capital stock, which said corporation may hold, shall not ex- ceed one hundred thousand dollars : provided, that no shares in the caintal stock of said corporation shall be issued for a less ?^° ^'^^'■^ea to be ^ , n • 1 • 111 issued under par. sum or amount, to be actually paid in on each, than the par value of the shares which shall be fiist issued. Sect. 3. When any stockholder in this corporation shall ^aTeTto'bTml^d' transfer liis stock in this corporation, a certificate of such '^"'^ recorded. transfer shall forthwith be deposited with the city clerk of the city of Worcester, who shall note the time when the same was deposited, and record the certificate at full length on the re- cord book of the city ; and no transfer of such stock shall be valid as against the creditors of such stockholder until such certificate shall have been deposited and recorded as aforesaid. [Approved by the Governor, May 14, 1853.] 566 1853. Chap. 342—343. Cha}'). 342 ^° -^^^ '" addition to an Act, to authorize the City of Boston to construct ^ ' a temporary Railroad. Se it enacted by the Senate and House of Jleprcsnitatives, ill General Court assembled, and by the authority of the same, as follows : RaihYiad contin- Sect. 1. Tlic clty of Bostoii is licrcby authorized to con- Feb.Vi853. "™ tinue the temporary raih-oad, erected under the authority of an act entitled " An Act to authorize the City of Boston to con- struct a temporary Raih'oad," passed in the year 1848, during three years from the first day of February in the year 1853 ; subject to all the provisions contained in said act. Except those relating to the removal of mud or earth from^Jie chan- nels on South Bay. \^ When to take Sect. 2. This act shall take effect from and after its eftect. .... V acceptance by the city council of said city. [Approved b^ the Governor, May 16, 1853.] J Chat) 343 ^^ "^^^ '" addition to the Acts concerning Truant Children and Absen- -^ ' tees from School. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folloivs : Police courts of Sect. 1. Any city in this commonwealth may, by ordi- Jur\?aictiou,'etc. nauce, give jurisdiction of the offences arising under the sev- eral laws relating to truant children and absentees from school, to the justices of the police court of such city. itabituai truants Sect. 2. Auv miuor between the ages of six and sixteen may be punished • i i ^ •• X -ii* by commitment, years, convicted under the provisions oi an act entitled " An Act concerning Truant Children and Absentees from School," passed in the year one thousand eight hundred and fifty, of being an habitual truant, or of not attending school, or of being without any regular and lawful occupation, or of grow- ing up in ignorance, may, at the discretion of the justice of the peace or judicial officer having jurisdiction of the case, instead of the fine mentioned in the first section of said act, be committed to any such institution of instruction, house of reformation, or suitable situation, as may be provided for the purpose under the authority given in said first section, for such time as such justice or judicial officer may determine, not exceeding two years. This act, when Sect. 3. This act shall take effect in any city, as soon as to take effect. -j. .^^^ |^g accepted by the city council of said city, by concui-- rent vote of the two branches thereof. Inconsistent Sect. 4. All acts and parts of acts inconsistent with this acts repealed. ^g^ ^re hereby repealed, as far as the same may relate to cities. [Approved by the Governor, May 16, 1853.] 1853. Chap. 344—345. 567 An Act to incorporate the South Bay Company. CJlUp. 344 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as foUows : Sect. 1. Uriel Crocker, Ebcn Jones, and Ellis Gray Lor- corporators. ing, their associates and successors, are hereby made a corpo- ration, by the name of the South Bay Company, with all the powers and privileges, and subject to all the duties, liabilities, Powers, duties, and restrictions, set forth in the forty-fourth chapter of the Revised Statutes. Sect. 2. Said corporation may purchase and hold the May purchase ■I ^ 1 • '^'^ hoUl certain ■whole or any part of the land and marsh, lymg at or near the lands ana marsh, liead of the Boston South Bay, between Dorchester Turnpike, the old road from Boston to Dorchester, Cottage Street, Nor- folk Avenue, East Street and tide-water ; not exceeding in the whole one hundred and fifty acres, and may grade and othcrAvise improve the same, and may sell said marsh and land or divide the same, or the proceeds thereof, among the stock- holders, after paying all the debts of the corporation, and not otherwise. Sect. 3. The capital stock of said corporation shall not ^ioJ,'ooo*°*^^ exceed one hundred thousand dollars ; and no shares in the capital stock of said corporation shall be issued for a less under^M-''^'^*^'^ amount, to be paid in on each, than the par value of the shares first issued. Sect. 4. Nothinsr contained in this act shall authorize said ^'°* *? infringe .^.° 11 1-1 f 1 • upon legal rights. corporation to niinnge upon the legal rights oi drainage, or any other rights of the city of Roxbury, or of any other cor- poration or person whatever, or to make or extend any wharf, pier or other structui-e whatever, into and over tide-water, not now authorized by law. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 16, 1853.] An Act to increase the Capital Stock of the Tremont Bank. CkcCD. 345 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors and company of the ^o^"f^*t^'* Tremont Bank, in Boston, are hereby authorized to increase their present capital stock by an addition thereto of tAvo hun- dred and fifty thousand dollars, in shares of one hundred dol- lars each, which shall be paid in such instalments as the pre- sident and directors may determine : provided, that the whole amount shall be paid in before the first day of May in the year one thousand eight hundred and fifty-four. 568 1853. Chap. 345—346. Remonstrance to Sect. 2. If aiiv of the stockhoMers of said bank remon- be in writing. . , •' ci it-i -ii strate against the acceptance oi the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next : and if the persons so objecting, legally represent one fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Additional Sect. 3. The additional capital aforesaid, when paid into same restrictions Said bank, shall be subject to the like tax, regulations, restric- as ongina stoc . ^.^^j-j, g ^^^^ provisioiis, to wliich the present capital stock of said bank is now subject. Certificate to be Sect. 4. Beforc Said Corporation shall proceed to do busi- secretTry o°f i^^ss Oil Said additional capital, a certificate signed by the pre- ^''*'®- sident and du'ectors, and attested by the cashier under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the common- wealth. Sect. 5. This act shall take eifect from and after its pas- sage, [Approved by the Governor May 16, 1853.] Chnr) T^fi ^"^ ^^^ ^° increase the Capital Stock of the Plymouth Bank. J5e it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : «50,oooaadi- Sect. 1. The president, directors, and company of the tionai capital. Plyyiioutli Bank ill Plpuouth are hereby authorized to increase their present capital stock by an addition thereto of fifty thou- sand dollars, in shares of one hunch-ed dollars each, which shall be paid in such instalments as the president and directors may determine : provided, that the whole amount shall be paid in before the first day of INIay in the year one thousand eight hundred and fifty-four. Remonstrance to Sect. 2. If ally of the Stockholders of s aid bank remon- e in writing. gyrate agaiiist the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next ; and if the persons so objecting, legally represent one fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Additional Sect. 3. The additional stock aforesaid when paid into saSe%cs"trictions Said baiik sliall bc subject to the like tax, regulations, restric- as original stock. ^-^^^ ^^^^ provisions to wluch the present capital stock of said bank is now subject. Certificate to Sect. 4. Bcforc Said Corporation shall proceed to do busi- urne ^^^^^ ^^^ ^^^ additional capital, a certificate signed by the pres- 1853. Chap. 346—348. 569 idcnt and directors, and attested by the cashier under oath, pfgt^j'g*''**'^ that the same has actually been paid into said bank, shall be returned into the office of the secretaiy of the common- wealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 16, 1853.] An Act in addition to an Act entitled An Act to authorize Towns to take ffl^j,. 04 *7 Lands for School Houses. / • ' "* Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : The quantity of land that mav be taken for a school house Quantity extend- 1 . t f. . r ^ ^ ' I' . , 1 ed for school lot in the chscretion 01 the selectmen 01 any town, with the house lots. approbation of said town, is hereby extended to so much as it may be necessary to cover with the buildings, in addition to the forty square rods prescribed in the act passed May 1, 1848, chap. 237. [Ajjproved by the Governor, May 16, 1853.] An Act to incorporate the Rockport Railroad Company. C/iai) 348 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Ezra Eames, John Stimpson, David Babson, Jo- Corporators. siah Haskell, Caleb Norwood, and James Haskell, their asso- ciates and successors, ai'c hereby made a corporation, by the name of the Rockport Railroad Company, with all the powers and privileges, and. subject to all the duties, restrictions and Powers and liabilities, set forth in the forty-fourth chapter of the Revised Statutes, and in that part of the thirty-ninth chapter of said statutes relating to railroad corporations, and the public statutes subsequently passed relating to such corporations. Sect. 2. The said corporation is hereby authorized to con- Location. struct and maintain a railroad extending from some point near Broadway, so called, in Rockport, in a westerly direction to some convenient point of intersection with the Gloucester Branch Railroad, in the toAvn of Gloucester. Sect. 3. The capital stock of said corporation shall consist cap'^ai ^t?*^ 200 1 -11 f ^ ^ -\ T ^■^ shares of SlOO of not more than tM'o thousand shares of one hundred dollars each, each, the number of ■which shall be determined, from time to time, by the directors of said corporation ; and the said corpo- ration may take, purchase, and hold such real estate on the line of said raihoad, and may purchase and hold such cai's, 63* 570 1853. -Chap. 3^8—350. To be located in two and constructed in four years. May enter upon and use other roads. Authorized to transfer all its property, etc., to Eastern R. R, company. engines, and other personal property, as may be necessaiy and convenient for the purpose of their incorporation. Sect. 4. If the said corporation be not organized, and the location of its raih'oad filed with the county conaniissioners of the county of Essex Avithin two years from the passage of this act, or if the said railroad shall not be constructed within four years from the passage of tliis act, then the same shall be void. Sect. 5. The said E-ockport Railroad Company may enter and unite their railroad with the Eastern Railroad Company's road at the point of intersection therewith, mentioned in the second section, and shall have a right to enter upon and use said Gloucester Branch and said Eastern Railroad according to law. Sect. 6. The said corporation is hereby authorized and empowered to transfer all its property, rights, and privileges, and franchise under this charter, to the Eastern Railroad Com- pany or its successors, whenever a mutual arrangement may be agreed on to that effect, or said Rockport Railroad Corpo- ration may lease their road and other property to the said Eastern Railroad Company, either for a limited time, or per- petuallv, as may be agreed on. [Approved by the Governor, May 16, 1853.] Chap. U9 Deserting party authorized to marry again. An Act relating to Divorce. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : In all cases of divorce from the bonds of matrimony for the cause of desertion, the justices of the supreme judicial court, or either of them, may, upon petition filed at the time of grant- ing the divorce, or at any subsequent time, authorize and per- mit the party so deserting to marry again ; and such permis- sion shall remove all disabilities now imposed by law upon such party. [Approved by the Governor, May 19, 1853.] Chat) 350 ^"' ^^^ *^ equalize and protect the Fishery on the North River, so call- "' ed, in the County of Plymouth. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The inhabitants of the town of Pembroke are hereby permitted to take fish at the weir where they have usu- ally caught them on the North River, so called, or stream leading to the Indian Ponds, so called, in said town, on the Permitted to take fish on certain days. 1853. Chap. 350. 571 following (lays in each week : Tuesday, Wednesday, Thurs- day and Friday, from sxmrisc on Tuesday to sunset on Friday, inclusive, and at no other time, under a penalty of fifty dol- Penalty. lars for each and every day fish are taken from said weir, con- trary to the provisions of this act, to be paid by the town of Pembroke as follows, one-quarter part of the said fifty dollars to the jiorson making the complaint, and three-quarters of the same to be paid to the towns of INLu'shfield, Scituate, and South Scituate, in the proportion to the number of their inhabitants by the census last taken. Sect. 2. No person or persons shall take fish from the Fi^hinf; prohibit- stream leading from said North Eiver to the said Indian lotuto'May isth, Ponds, or streams tributary to the North River, excepting at "t"^*"' p'''"'''^' the weir before mentioned, at any time between the tenth day of April and the fifteenth of May inclusive, of each year, under a penalty of twenty dollars for each and every offence, which sum shall be paid as follows : one-half of the twenty dollars to the complainant, and the other half to the said town of Pembroke. Sect. 3. It shall be lawful for the inhabitants of the sev- Towns on North eral towns situated on said North River, to take fish with ten fishing priviiegej seines only, in the manner following, to wit : the towns of *' ^^^^^°'^- Pembroke, Scituate, and South Scituate, shall each have the right of disposing at public auction, for their own benefit, of the privilege of catching fish with two seines only, and the town of ]\Iarshfield shall have the right of disposing at pub- lic auction, for their own benefit, of the privilege of catching fish with foiu" seines only in the river aforesaid. Sect. 4. Anv person or iiersons who may by seine or Penalty for tak- 1 1 /■ 1 /> 1 • 1 -v^ 1 -n • ' 1 iug fish iUegally. mesh nets, take fish irom the said Aorth River, excejit such persons as have authority under this act, shall each forfeit and pay, for each and every time they so trespass, the sum of tnenty dollars, to the towTi within whose limits the same were taken. Sect. 5. The proprietors of any and all mills located on ^a^'f ^ays to the jsorth River, and streams ieacung irom said JNorth iiiver to the said Indian Ponds, so called, in the county of Plymouth, shall take up the wasteways of said mills in each year, on or before the tenth day of April, and keep the same up to the fiftccntli day of !May follow^ing, tha^t the fish shall not be ob- structed in their passage to the said Indian Ponds from the said North River ; and in the neglect or failure of a proprietor of any mill to take up the wastcAvays, so called, and keep the same up for the before mentioned time, he shall forfeit and pay, for each and eveiy day of such neglect, the sum of one negiccmTaiiure. himcbed dollars, to the towns of Marshfield, Scituate, South 512 1853. Chap. 350—352. Scituatc, and Pembroke, in the proportion to their number of inhabitants. Exrcnso of Sect. 6. Any expense that may accrue in removing ob- stri!ictions%"ow structious or clearing the streams leading from the North apportioned. River to the Indian Ponds, for the preservation of the fish, with the exception of taking up the wasteways of mills, shall be borne by the several towns of INIarshfield, Scituate, South Scituate, and Pembroke, in the proportion to their inhabitants, who are hereby permitted to raise money for the same. Forfeitures, how Sect. 7. All penalties and forfeitures under this act may recovered. in- i be recovered m any court competent to try the same. Inconsistent Sect. 8. All acts and parts of acts inconsistent with this acts repealed. ^^^^ ^^.^ j^^^.^^^y repealed. Sect. 9. This act shall take effect from and after its pas- sage. [Ajjproved by the Governor, May 19, 1853.] Chew 351 An Act in addition to the several Acts relating to County Commission- ^ ers, and also in relation to Railroads. Be it enacted hy the Senate and House of Representatives , in General Court assembled, and by the authority of the same as folio IV s : ProTisionsof Sect. 1. The provisions of the Re\dsed Statutes, chapter extended so as thirty -nine, sections fifty-four and fifty -five, are hereby extended forXpoT'' '^'^ to cases of railroads that have been, or shall hereafter be char- purposes. tcrod, SO that said provisions shall apply to all cases where land is or shall become necessary for depot or station purposes, as well as for the purposes named in said sections. Provisions of act Sect. 2. The provisions of an act entitled "An Act rela- extendcd. ' ' ting to the Dutics of County Commissioners," passed March third, one thousand eight hundred and forty-two, and being chapter eighty-six of the acts of that year, are hereby extended to all cases of railroads that may be hereafter located. Not exempt from Sect. 3. Notliiiig Contained in this act shall exempt any railroad corporation from taxation for land taken or piu'chased for station or depot purposes, by virtue of this act. Sect. 4. This act shall take effect from and after its pas- sage. [A2}2Jroved by the Governor, May 19, 1853.] Chan 35*^ "^^ ^^^ concerning the State Pauper Establishments within this Com- •^ * ^nonwealth. Be it enacted by the Senate and Hoiise of Representatives, in General Court assembled, and by the authority of the same, as follows : $60,000 appro- Sect. 1. That the sum of sixty thousand dollars be, and here- ^"* ^ ' by is appropriated, which shall be appUed by the commission- 1853. CH-vr. 352. 573 ers in relation to paupers having no settlement in this com- nionAvealth, in the manner folloAving, to wit : — First. The sum of fifteen thousand four hundred and six- «15,4C2 u for ty-tAvo dolhu's and fourteen cents shall be applied to the pay- contracts. ment of the excess of contracts entered into, and exjienditures made, by said commissioners, over and above the appropriation granted by the act of May 20, 1852. Second. The sum of eleven thousand two hundred and sii,225 for , . f, . . 1 . furnishing twentv-tive dollars shall be applied to furnishing and equip- ^uMiug in ping the state pauper building about to be erected in the town of ]\Ionson. Third. The sum of eleven thousand two hundred and ??ii-225 for twenty-five dollars to be applied to furnishing and equipping in isriugewater. the state pauper building about to be erected in the town of Bridgewatcr. Fourth. The sum of eleven thousand two hundred and fJt]^'|i^if°Jent twenty-five dollars shall be applied to furnishing and equip- in Tewksbury. ping the state pauper building about to be erected in the town of Tewksbury. Fifth. The sum of five thousand eight hundred and sixty- fjfedsf yiuus two dollars and eighty-six cents shall be applied to the con- ^''=- struction of sheds and vaults, and other requirements incident to the completion of said pauper buildings. Sixth. The sum of five thousand dollars shall be applied to $5000forcom- , . , . 1 1 •! T 1 1 • 1 pleting repairs, completing the repairs on the buildings belonging to the com- etc. monwealth on Eainsford Island, in Boston harbor, and to furnishing and equipping them for the reception of sick per- sons, and for the accommodation of proper attendants. Sect. 2. The treasurer of the commonwealth is hereby Treasurer to empowered, under the direction of the governor, with the ad- toectlonfetc" ^' vice and consent of the council, to issue scrip or certificates of debt, in the name and behalf of the commonwealth, and under his signature and the seal of the commonwealth, to an amount not exceeding sixty thousand dollars, bearing an interest of five per cent, per annum, payable semi-annually, with warrants for the interest attached thereto, which scrip or certificates shall be redeemable in twenty years from the date thereof, and be deemed a pledge of the faith and credit of the common- wealth ; and the said treasurer may, under the direction of the governor, dispose of any portion of said scrip at any price not less than its par value. Sect. 3. Whenever either of the three pauper establish- superintendent 1 • ^ r • 1 1 11 1 f 11 n • ^ '" report when ments nereinbetore mentioned shall be lull oi inmates, the ojtahiishment is superintendent thereof shall report the fixct to the inspectors of ' ^ " such establishment, who shall then under the chrection of the governor distribute the paupers who cannot be received into 574 . 1853. Chap. 352—353. the establishment under their charge, among the other state pauper estabhshments, in such manner as shall be most con- venient. Remaining Sect. 4. If iu auj city or town there shall be remaining disposed of?^ ^^J State paupcrs after the three state institutions for their re- ception are full, such state paupers shall be placed in the district poor houses, and such city or town shall receive pay- ment for them from the treasury of the commonwealth. Commissioners Sect. 5. The board of Commissioners of alien passengers authorities of shall liavc authority to allow the city of Boston to send sick sick state paupers statc paupors to Raiusford Island, so far as there may be ac- isiand?^^°'^'^ commodation thereat, not inconsistent with the provisions of ' section XI of anact entitled " An Act in relation to Paupers having no Settlement in this Commonwealth," passed in 1852. Governor Sect. 6. If Said institutions are ready, for the reception of draw'warrant. inmates fcofore the meeting of the next general court, the gov- ernor is hereby authorized to draw his warrant upon the trea- sury, from time to time, for all expenses incurred in the support of said inmates, until the meeting of the next general court. Governor may Sect. 7. The govcrnor, witli the advice and consent of the transfer appro- ., " ^ . n J.-L. • ± 1 piiations if found council, may transier such portions oi the sums appropriated necessary. ^^ ^-^^ several buildings above mentioned, including those on Rainsford Island, as may not be needed, to each and any one of said buildings, when it shall be found necessary for the completion or furnishing thereof. Inconsistent Sect. 8. The eighth section of the act of May 20, 1852, acts repealed. ... '-',. , , ^^. m relation to paupers having no settlement in this common- wealth, and all parts of that act, inconsistent with the provi- sions of this act, are hereby repealed. Sect. 9. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 21, 1853.] r*7 ^'^^ "^^ -^^^ ^° incorporate the Metropolitan Railroad Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. Joliii P. Ober, Moses Field Fowler, and Henry N. Hooper, their associates and successors, are hereby made a corporation, by the name and title of the Metropolitan Railroad Company ; with power to construct, maintain and use a railway Location of road. Qy- railways, with convenient single or double tracks, from such pointer points of the city of Poxbury, upon and over the streets or highways therein, to the line separating said city from the 1853. Chap. 353. 575 city of Boston, as shall be from time to time fixed and deter- mined by vote of the mayor and akiermen of said city, and assented to in writing by said corporation ; and from said Hne separating said cities, upon and over such street and highways of the city of Boston, to such point or points in said city, as may from time to time be fixed and determined by vote of the mayor and aldermen of said city of Boston, and assented to in writing by said corporation ; provided, that all tracks of Proviso. said railroad shall be laid at such distances from the sidewalks in said cities, as the mayor and aldermen thereof respectively shall, in their orders fixing the routes of said railroad, deter- mine to be for the public safety and convenience ; and jjrovi- ProTided also. ded further, that said road may be constructed wholly within the said city of Boston, if said corporation and the mayor and aldermen of said city shall both so elect ; and the written assent of said corporation to any vote or votes of the mayor and aldermen of said cities, prescribing from time to time the routes of said road, shall be filed with the respective clerks of said cities, and shall be taken and deemed locations thereof; provided further, that before the location or construction of any track in any street, the mayor and aldermen of said cities, respectively, shall give notice to the abuttors thereon, fourteen Notice to be days at least before the hearing, that they may show caiise, if si^en to abutters. anv there be, why said track shall not be so located and con- structed ; and said corporation shall have power to fix from time to time, such rates of compensation for transporting persons or pro]3erty thereon as they may think expedient, and be subject to all the duties, restrictions, and liabilities, and entitled to all the rights and privileges prescribed by the forty- fourth chapter of the Revised Statutes. Sect. 2. Said tracks or road shall be operated and used by To be operated said corporation with horse power only, and it shall not con- ^^j^^'^^'^p"^^'" nect its track "svith any other railroad on which other power is used. The mayor and aldermen of said cities, respectively, shall have power at all times to make all such regulations as to the rate of speed and mode of use of said tracks as the pub- lic convenience and safety may require. Sect. 3. Said corporation shall maintain and keep in re- corporation to pair svich portion of the streets respectively, as shall be occu- repair. '^^ ^ "* pied by their tracks, and shall be liable for any loss or iniury LiaWe to cities ^1 ^ •' ^ . -L /. T •' •' for damages. that any person may sustam, by reason oi any carelessness, neglect or misconduct of its agents and servants, in the man- agement, construction or use of said tracks or roads, and, in case any recovery shall be had against either of said cities, by reason of such defect, want of repair or use, said corporation shall be liable to pay to said cities, respectively, any sums 5T6 1853. -Chap. 353. Penalty for obstructing corporation. Capital stock S500,000 in shares of S50 each. No shares to be issued under par May hold real estate. Boston and Roxbury may purchase franchise, etc. Grade, etc., to be determined by mayor and aldermen. thus recovered against them, together with all costs and rea- sonable expenditures incurred by said cities, or either of them, in the defence of any such suit or suits, in which such recove ry shall be had ; and said corporation shall not encumber any portion of the streets not occupied by the said road or tracks. Sect. 4. If any person shall wilfully and maliciously ob- struct said corporation in the use of said road or tracks, or the passing of the cars or carriages of said corporation thereon, such persons, and all who shall be aiding or abetting therein, shall be punished by a fine not exceeding five hundred dollars, or may be imprisoned in the common jail for a period not ex- ceeding three months. If said corporation, or its agents or servants, shall wilfully and maliciously obstruct any high- way, or the passing of any carriages over the same, such corpo- ration shall be punished by a fine not exceeding five hundi-ed dollars. Sect. 5. The capital stock of said corporation shalNjaot exceed the sum of five hundred thousand dollars, to be divided into shares of fifty dollars each ; and no shares shall be issued • for a less sum, to be actually paid in on each, than the par value of the shares, which shall first be issued. Sect. 6. Said corporation shall have power to purchase and hold such real estate, within said cities or either of them, as may be necessary or convenient for the purposes and man- agement of said road. Sect. 7. The cities of Boston and Roxbury may, at any time during the continuance of the charter of said corjsoration, and after the expiration of ten years from the opening of any part of said road for use, purchase of said corporation all the franchise, property, rights and furniture of said corporation, by paying them therefor such a sum as will reimburse to each person, who may then be a stockholder therein, the par value of his stock, together with a net profit of ten per cent, per annum, from the time of the transfer of said stock to him on the books of the corporation, deducting the dividends received by said stockholders thereon. Sect. 8. The said road shall be constructed and maintained in such form and manner, and upon such grade and with such gauge as the mayor and aldermen of said cities, respectively, may, in theh votes, fixing and determining the routes thereof, as aforesaid, prescribe and direct ; and whenever, in the judg- ment of said railroad corporation, it shall be necessary to alter the grade of any street so occupied by it, such alteration may be made at the sole expense of said corporation ; provided, the same shall be assented to by the mayor and aldermen of said cities respectively. 1853. Chap. 353—354. 577 Sect. 9. Nothing in this act shall be construed to prevent cuieB to retain the city authorities of either of said cities, from taking up any of the public streets traversed by said railroads, for the pur- poses for which they may now lawfully take up the same. Sect. 10. This act shall be void, so far as relates to the Act to bo void, ., - ., ,. .,^.,.. , , unless accepted, right to constrnct said road in either 01 said cities, unless the etc. same shall be accepted by the city councils of said cities re- spectively, and unless the same shall be accepted by said cor- poration, and ten per cent, of the capital stock thereof paid in, within two years from the passage of this act. Sect. 11. The said corporation shall be deemed a railroad To make annual corporation, so far as to be subject to make such annual re- turns to the legislature, as are or may be prescribed by law ; but not to the other general provisions of law, in relation to railroad corporations. Sect. 12, The existence of said corporation is hereby ^^^^'^'^ '° ^^'^ limited to the period of fifty years from the passage hereof. [Ajjjprovcd by the Governor, May 21, 1853.] An Act respecting the Watch and Police of the City of Boston. Clian 354 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The city council of the city of Boston are watch and poUce hereby authorized and empoAvered to unite by ordinance, the be''unitea! °^^^ watch and police departments of the said city into one depart- ment, and to organize the same, and from time to time to establish regulations therefor, not repugnant to the laws of the commonwealth. Sect. 2. The chief of the police who may be authorized Powers and to act by virtue of such ordinance, shall have and exercise all „" poUce! ^'""^ the powers and duties wliich by the laws now in force may be had and exercised by the head constable of the watch of the city of Boston, and the deputy chiefs of the police, and cap- Powers and tains and lieutenants of the police who may be authorized to dhiate oakers."^ act by virtue of such ordinance, shall have and exercise all the powers and duties which by the laws now in force may be had and exercised by the constables of the several divisions of the watch of the city of Boston ; and the said officers, and the policemen who shall be appointed under the provisions of such ordinance, shall have and exercise all the powers and duties which may be had and exercised either by the watch of the city of Boston, or by the police of the said city, by vir- tue of the seventeenth chapter of the Revised Statutes of this commonwealth and other existing laws. 64 578 185( -Chap. 354—356. Duties, etc., mayor and aldermen. Inconsistent acts repealed. Act to be void unless, etc. Sect. 3. The mayor and aldermen of the city of Boston shall have and exercise all the powers and duties in relation to the officers and policemen mentioned in the second section, which by the laws now in force, they may have and exercise in relation to the watch and watchmen and the police of the city of Boston. Sect. 4. All acts and parts of acts inconsistent herewith, are hereby repealed. Sect. 5. This act shall be void, unless accepted by the city council of the city of Boston within sixty days after its passage. [Apjjroved by the Governor, May 21, 1853.] Chap. 355-^11 Act to exempt the Personal Property of Widows and Unmarried ^ ' Females from Taxation, in certain cases. Be it enacted by the Senate and House of Representatives , in General Court assembled, and by the authority of the same, as follows : No tax shall hereafter be assessed upon the personal prop- erty of any widow or unmarried female, or female minor (whose father is deceased) which was not received by gift, legacy, devise or inheritance, provided, that the whole estate, real or personal, of such persons, whose personal property is so exempted from taxatioil, does not exceed in value the sum of five hundred dollars, exclusive of property exempted from taxation by existing laws of this state. [Approved by the Governor, 'May 21, 1853.] Personal prop- erty of widows, etc., exempt from taxation. Trovided. Chap. Lowell and Dracnt may purchase central bridge. When purchased to be opened free cf toll. Lowell may lay out bridge as a town way. An Act in relation to Central Bridge. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The city of Lowell, and the town of Dracut, are hereby authorized to purchase from the proprietors, the bridge over Merrimack River, in Lowell, called the Central Bridge, upon such terms as may be agreed upon between the parties. Sect. 2. The city of Lowell and the town of Dracut, are authorized to receive and collect subscrij)tions in aid of the purchase of the bridge aforesaid, and whenever they purchase the same of the proprietors, it shall be opened free of toll to all persons ; and shall then be maintained and kept in repair, upon such terms and in such a manner as may be agreed upon between the city of Lowell and the town of Dracut. Sect. 3. The city of Lowell are hereby authorized to enter upon, take and lay out the Central Bridge aforesaid, as, and for a townway or street, in the manner now provided by 1853. Chap. 356—358. 579 law for laying out towniways or streets, in the city of Lowell ; and they shall pay to the proprietors of Central Bridge, and to all other persons injured by such taking or laying out, the damages sustained by them, to be assessed and paid in the Damages, how .-■TIT /" ii , to be assessed same manner as is now provided by law lor the assessment and paid, and payment of damages occasioned by the laying out of townways or streets in the city of Lowell. Sect. 4. Nothins^ in this act shall affect or impair any of J^'sWa cot to •1 I'll f ~r\ 1 • r- T M oe impaired. the rights which the town of Dracut, or the city of Lowell now have in relation to Central Bridge. [A^jproved by the Goi;crnor, May'Zl, 1853.] An Act to incorporate the Rockport Savings Bank. CJlCW 357 J5e it enacted by the Senate and. House of Representatives, in General Court assembled, and by the authority of the same, as foUoivs : J. R. Gott, E. Eames, James Haskell, theu* associates and Corporators, successors, arc hereby made a corporation , by the name of the Eockport SaA'ings Bank, to be established in the town ofN'*™^- Rockport ; with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth in the thirty- Powers, duties, sixth chapter of the Revised Statutes, and in all other laws of this commonwealth, relating to institutions for savings. [Ap- proved by the Governor, May 21, 1853.] An Act to increase the Capital Stock of the Mahaiwe Bank. Chan S58 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, dhectors and company of the ^^f^^!^'^*'"'^" !Mahaiwe Bank, in Great Barrington, are hereby authorized to increase their present capital stock by an addition thereto of fifty thousand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president aij-d directors may determine : provided, the whole amount shall Proviso. be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 2. If any of the stockholders of said bank remon- Remonatrance to, strate against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the tank on or before the first day of July next ; and if the persons so objecting, legally represent one fourth part of the present capital stock of said corporation it shall not be entitled to the benefit of tliis act. 580 1853. -Chap. 358—360. Additional capital subject to same restric- tions as original stock. Certificate to be returned to secretary of state. Sect. 3. The additional stock aforesaid, when paid into said bank, shall be subject to the like tax, regulations, restric- tions and provisions, to which the present capital stock of said bank is now subject. Sect. 4. Before said corj^oration shall proceed to do busi- ness on said additional capital, a certificate signed by the pre- sident and directors, and attested by the cashier under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the common- wealth. Sect. 5. This act shall take effect from and after its j)as- sage. [Approved by the Governor, May 21, 1853.] C/iap. 359 Xame changed. Entitled to receive from state treasury same sum as other societies. An Act concerning the Fitchburg Agricultural Society. Be it enacted by the Sennte and House of Representatives , in General Court assembled, and by the authority of the same, as follows : Sect. 1. The Fitchburg Agricultural Society shall, after the passage of this act, be called and known by the name of the Worcester North Agricultural Society, and they are here- by authorized to admit members from the towns in the west part of Middlesex county. Sect. 2. The said society shall be entitled, on the same terms as other incorporated agricultural societies, to receive annually out of the treasury of the commonwealth such sum as any other agricultural society may receive under the pro- visions of chapter forty-two of the Kevised Statutes, notwith- standing the restrictions of section seven of that chapter. [Approved by the Governor, May 23, 1853.] Chap. 360 Money paid for landing alien passengers to be refunded if such passengers leave the state within 48 hours after such payment. An Act concerning the Transit of Alien Passengers. Be it enacted by the Senate ayid House of Represeiitatives, in General Court assembled, and by the authority of the same, as follows: Sect. 1. When any master, consignee, or agent, shall have paid to the superintendent of alien passengers, or to the overseers of the poor in any town or city in this common- wealth, the sum of two dollars for the landing of any alien passenger, as required by section fifth of the three hundred and thirteenth chapter of the acts of eighteen hundred and forty- eight, or by section first of the one hundred and fifth chapter of the acts of eighteen hundred and fifty, said sum of two dol- lars shall be refunded to said master, agent, or consignee, if within thirty days after such payment he shall produce satis- 1853. Chap. 360—361. 581 factory evidence to said superintendent, or to said overseers, that such passenger, for whom said sum was by him paid, left the state within forty-eight hours after such payment, and upon receiving such evidence, it shall be the duty of such superin- tendent, or overseer, to refund such money, and he shall state the amounts so refunded in his quarterly accounts, and shall not be bound to pay the same into the state treasury : yrovicled, that if any alien passenger, for whom the money paid Provided. shall have been refunded as above jsrovided, shall at any time return into this state, all the laws relating to alien passengers who have never before been in the state, shall be applicable to such alien passengers, and to any person who shall bring such jiasscnger a second time within the limits of the state. Sect. 2. The superintendent of alien passengers, or the overseers, etc., overseers of the poor, instead of receiving the payment of two ^'d cMicd the dollai-s aforesaid, may in any case take a bond, with sufficient ^*™^- sureties, for such pajinent, and on proof that the passengers aforesaid have left the state within forty-eight hours after giv- ing such bond, said superintendent or overseers shall cancel such bonds. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 23, 1853.] Chop. An Act to extend the Time for the Location and Construction of the Swift River Raih'oad. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The time within which the Swift River Railroad Time for location Company may avail themselves of their act of incorporation, years. * passed the twenty-fourth day of May, one thousand eight hun- ch-ed and fifty-one, is extended for the term of two years. Sect. 2. When the sum of one hundi'ed thousand dollars Section of -oad shall have been subscribed for the construction of that section Enfilid*ma"be of said road, extending from Palmer to the village of Enfield, Xn™tc?*^ and set apart for that purpose, and twenty per cent, of the par value of each and every share of said one hundred thousand dollars shall have been paid into the treasury of said company, and a certificate thereof shall have been filed in the office of the secretary of the commonwealth, said company may then proceed to the construction of said road ; anything in the thir- teenth section of said act of incorporation to the contrary not- withstanding. Sect. 3. The said railroad company may enter upon and May enter upon unite their railroad with the Amherst and Belchertown Rail- Amherst and 64» 582 1853. Chap. 361—363. Beichertown road, at any convenient point, in the towns of Palmer or Bel- ohertoAvn, under the provisions and restrictions of the laws re- lating to railroads in this commonwealth. Sect. 4. This act shall take effect from and after its passage. [Approved by the Governor, May 23, 1853.] Chap. 3G2 -^^^ ^^^ ^" addition to an Act relating to the Erection and Use of ■^ Buildings for Stables and Bowling Alleys. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : of i86i°e'xtended '^^^ provisions of the socond section of the three hundred and nineteenth chaj)ter of the acts and resolves of the year eighteen hundred and fifty-one, are hereby revived and extended for the term of nine months from the passage of this act. [Apjjroved by the Governor, May 23, 1853.] CJlOLD 363 An Act to increase the Capital Stock of the Atlas Bank. J?e it enacted by the Senate and House of lleprcsentatives, in General Court assembled, and by the authority of the same, as follows : .•5250,000 addi- Sect. 1. The president, directors, and company, of the Atlas Bank, in Boston, are hereby authorized to increase theu' present capital stock by an addition thereto of two hundred and fifty thousand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president Proviso. ^j-^^l directors may determine : provided, that the whole amount shall be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Remonstrance to Sect. 2. If any of the Stockholders of said bank remon- be in writing. . , •' f ^ it*i -in strate agamst the acceptance oi the adchtional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the persons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Additional Sect. 3. The additional capital aforesaid, when paid into sameVstri'ctioiis Said bank, shall be subject to the like tax, regulations, restric- as original stock, ^io^s, and provisions, to which the present capital stock of said bank is now subject. Certificate to Sect. 4. Before said corporation shall proceed to do busi- sTcretery of '" i^e^s ou Said additional capital, a certificate signed by the pres- state ident and directors, and attested by the cashier, under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the commonwealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 23, 1853.] 1853. Chap. 364. 583 An Act to incorporate the Tremont Impi-overnent Company. fhrn ^^4- Be it enacted hy the Senate and House of Representatives, in General Court assembled, and hy the authority of the same, as follows : Sect. 1. John G. Tappan, Daniel Hammond, Lewis "W. corporators, Tappan, George R. Sampson, John H. Cheever, Sidney B. ]Moisc, Charles McBurney, and Samuel F. jNIorse, then- asso- ciates and successors, are hereby made a corporation, by the name of the Tremont Improvement Company, with all the powers and privileges, and subject to all the duties, liabilities powers, duties, and restrictions, set forth in the forty-fourth chapter of the ^^'^• Revised Statutes. Sect. 2. Said corporation may purchase, hold, and con- May purchase, vey the whole, or any part, of certain marsh and vacant lands certiun^ianX^^^ situated partly in Boston and partly in Boxbury, not exceed- ing one hundred acres, and limited easterly by Lenox Street, in Boston ; southerly by Washington Street, in Boston and Boxbury ; westerly by Water Street, in Roxbury ; north- westerly and northerly by Cabot Street, in Roxbury ; and northerly by Tremont Street, in Roxbury and Boston ; and may grade, drain, and otherwise improve said lands, and may divide the same, or the proceeds thereof, among the stock- holders, after paying all the debts of the corporation, and not otherwise. Sect. 3. Said corporation may, with the consent of the May make and, city of Boston and the Boston Water Power Company, make ^uhconsent,*etc. and maintain a drain or drains from the premises aforesaid, through Tremont and Northampton Streets, or the lands of the Boston Water Power Company, to tide water. Sect. 4. The capital stock of said corporation shall not capital stock exceed three hundred thousand dollars : and no shares in the s3oo,ooo, and ' no shares to be capital stock shall be issued for a less sum or amount, to be issued under par. paid in on each, than the par value of the shares first issued. Sect. 5. Nothing contained in this act shall authorize Not to infringe said corporation to infringe upon the legal rights of drainage, of others^ ^ ^ or any other rights of the city of Roxbury or ^the city of Bos- ton, or of any person or corporation whatsoever. Sect. 6. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 24, 1853.] 584 1853. -Chap. 365. Chap. 365 Selectmen may appoint harbor master. To give S500 bonds. Duty. Passage-way of fiftj' jards to be kept open. Harbor master .shall direct the anchorage and removal of vessels. Penalty for obstructing, etc. Term of duty limited. Penalty for injuring the navigation of the harbor. An Act relating to the Harbor of Gloucester. JBe it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folloivs : Sect. 1. The selectmen of Gloucester may annually ap- p oint a harbor master for the harbor of Gloucester, who shall hold the office for one year and until another is appointed in his place, who, before entering on the duties of his office, shall give bonds to the satisfaction of the selectmen of said town in the penal sum of five hundred dollars for the prompt and faithful discharge of the duties of harbor master, mth authority to appoint a deputy whenever the selectmen shall deem it necessary, such appointment to be subject to the approval of said selectmen ; and it shall be the duty of said harbor master to enforce all the j)rovisions of this act, con- cerning the harbor of Gloucester and the anchoring of ves- sels within the same. Sect. 2. From the south-western end of Outer Fort Pomt to the Beacon on Five Pound Island, on the northerly side of the hai-bor, a passage-way of sufficient width, not less than fifty yards, shall be kept open at all times during the months of August, Sej)tember, October and November, of each and every year, and no vessel during that period shall be allowed to anchor therein, unless by permission of the harbor master, who shall, in all parts of the harbor, keejJ the passage open of sufficient width for vessels to pass to and from the wharves in either cove, with safety and convenience. Sect. 3. The harbor master shall, during the months of August, September, October and November, direct where ves- sels shall anchor in this harbor, agreeable to the requirements of this act, and order their removal when necessaiy, at the expense of the owner or master of the same, and any person obstructing the harbor master in the discharge of his duties, whether by refusing to anchor his vessel where, or removing to other anchorage when, directed, shall be liable to a penalty often dollars for each offence, to.be recovered for the town of Gloucester. Sect. 4. The duties of the harbor master shall be con- fined to the months of August, September, October and November of each year. Sect. 5. Any person who shall throw or deposit in said harbor, or any part thereof, any stone, gravel, sand, or other substance, which shall in any way tend to injure the naviga- tion thereof, or who shall cause the same to be done, shall be liable to a penalty of ten dollars, to be recovered for the ben- efit of the town of Gloucester. 1853. CHAr. 365—367. 585 Sect, 6. The harbor master, when in his indfyment the 'f'psReis to keep , .. /• 111-1 i" ''K'^'' ''■*' "last- safety of vessels passing m or out ot the harbor may demand imaa, if required, it, may require the master or owners of vessels at anchor in any pait of the harbor of Gloucester, to keep a light at mast- head ; and any master or owner refusing compliance shall be Penalty for liable to a penalty of ten dollars, to be recovered for the town "^ of Gloucester : provided, all cxpenditiires under this act shall be paid by the said town of Gloucester. Sect. 7. A printed copy of this act shall be furnished to [o^be furn^hed* the master or owners of all vessels entering the port of Gloucester, coming under the provisions hereof. [Apjproved by the Governor, May 23, 1853.] An Act relating to the Commutation of Bonds taken by Superintendents C/lCtp. 366 of Alien Passengers. -^' Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folio u's : Sect. 1. The commissioners on aliens and state paupers, Cormnissioricrs appointed under the act of one thousand eight hunch-ed and commute the fifty-one, chapter three hundred and forty-two, are hereby au- superintendents thorized and empowered to commute the bonds taken by su- ^"'' perintendents of alien passengers in this commonwealth, in accordance M'ith the provisions of the act of one thousand eight hundred and forty-eight, chapter three hundred and thirteen, upon such terms as in their judgment may promote the interest of the commonwealth. Sect. 2 The accounts of the several cities and towns for Accounts support of persons for whom bonds have been taken, which shall pTrsmfs'Sr ° be commuted as provided in the first section of this act, and be'irtaken to'"''" also all accounts for support of persons commuted under the Repaid from act of one thousand eight hundred and fitty-tAvo, chapter two hundred and seventy-nine, shall, after being examined by said commissioners, and allowed by the auditor of accounts, be paid from the treasury of the commonwealth. Sect. 3. This act shall take effect from and after its jjas- sage. [Approved by the Governor, May 23, 1853.] An Act to authorize the Consolidation of certain Railroad Companies, (^/lan. 367 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Eitlier the Fitchburg, Cheshire, and Rutland and ^aToid^^"**" °*^ Burlington Railroad Companies, or the Fitchburg and Cheshire companies. Railroad Companies, or the Chesliire and Rutland and Bm-- 586 1853.- -Chap. 367. Directors may enter into agreements under seal, prescribing, etc. And may issue preferred stock to half amount of its capital, etc. Wliich preferred stock shall have priority with respect to diTideud. Agreement of the directors to be sanctioned by a two-thirds vote of stockholders. lington Railroad Companies, are hereby authorized to consoli- date their said companies into a single corporation, in the manner prescribed in the following sections. Sect. 2. The directors of the companies aforesaid, propos- ing to consolidate as aforesaid, may enter into an agreement under their respective corporate seals, for the consolidation of their said corporations, prescribing the terms and conditions thereof, the mode of carrying the same into effect, the name of the corporation, the number of the directors thereof, being not less than nine, nor more than eighteen in all, the time and place of holding the first election of directors, the day for the annual election of 'directors, the amount of capital of the new corporation, which shall not exceed the aggregate amount of capital which the several companies, thus consolidated, are authorized to create, the manner of converting the shares of the capital stock in each of said corporations into the shares of such new corporation, the manner of voting, the manner of paying any shareholder that may decline taking shares in the new corporation ; and may agree, that for the purpose of ac- complishing the consolidation, and the payment of debts and other necessary purposes, the consolidated company may issue preferred stock to an amount not exceeding half the amount of its capital stock, to take the place of an equal amount of the common stock, which it is authorized to have as aforesaid, and to define the rate of dividend thereon, such defined dividend not however to exceed seven per cent, per annum, until the other stock of said company shall secure an equal dividend ; which said preferred stock, so to be issued, shall have priority over all other stock, with respect to the dividend to be paid ; and may agree upon and prescribe such other details as they may deem necessary to embrace in such agreement, not incon- sistent with the laws of the states in which the consolidated railroad shall be situated. Sect. 3. Such agreement of the du-ectors shall not be deemed to be the full agreement of the said corporations so proposing to consolidate, until after it has been submitted to the stockholders of each of said corporations separately, at a meeting thereof, to be called upon a notice specifying the time and place of such meeting and the object thereof, pub- lished for at least three successive weeks prior to saidmeeting, in newspapers in which notices of the annual meetings of said corporations, are usually published, and has been sanctioned and approved by said stockholders, by the vote of at least two- thirds in amount of the stockholders present at such meeting, respectively voting by ballot in regard to such agreement, either m person or by proxy, according to the laws regulating 1853. Chap. 367. 587 such voting, of the respective states in which said corporations are situated ; and when such agreement of the directors shall have been sanctioned and approved, as aforesaid, at meetings held as aforesaid, then such agreement of the directors shall be deemed to be the agreement of the said several companies, and a sworn copy of the proceedings of such meetings, made by the clerks thereof respectively, and attached to the said agree- ment, shall be evidence of the holding and of the action of such meeting in the premises. Sect. 4. Upon the making and perfecting of said agree- Duplicates of ment mentioned in the preceding section, in the manner re- ijefiied,etc. quired therein, and filing a duplicate or counterpart thereof in the oilice of the secretary of each of the states in which the road of the consolidated company shall be situated, and imme- diately upon and after the first election of dii'cctors of the new corporation, said corporation shall be merged into the new corporation provided for in the said agreement, to be known by the corporate name therein mentioned, and the details of such agreement shall be carried into effect as provided therein, only such new corporation shall not have any larger powers than Powers of new were possessed by the several corporations before consolidation, ^°^^°^'^ *°°' or be exempt from the performance of any duty which they were respectively liable to perform, but shall possess all the rights, powers and privileges, and be subject to all the lia- bilities, duties and restrictions, to wliich they were by law subject, except so far as the same are modified by this act. Sect. 5. Upon the election of the first board of directors Rights, etc., of of the said new corporation, created by the agreement of the to brvestTdTiT several companies, all and singular the rights, francliises and ""^^ corporation, interests of the said several corporations so consolidated, in and to every sjjecies of property, real, personal and mixed, and things in action thereunto belonging, shall be deemed to be transferred to and vested in such new corporation, without any other deed or transfer, and such new corporation shall hold and enjoy the same, together with the rights of every and all other rights of property, franchises and interests, in the same manner, and to the same extent, as if the said several corpora- tions so consohdated should have continued to retain the title, and transact the business of such corporations, and the title and real estate acquired by either of the said corporations shall not be deemed to revert or be impahed by means of such act of consolidation, or anything relating thereto. Sect. 6. The right of creditors of either corporation that Rights of shall be consolidated, shall not in any manner be impaired by be impaired by the act of consolidation, nor shall any liability or obligation for dation?°°^°^' the pajinent of money now due, or hereafter to become due, 588 1853.- -Chap. 367. New corporation buia li;ible to pay, etc. Objections to consolidation to be filed witli clerk. Court shall appoint three appraisers and give directions, etc. Copies of the apprai.i.vl to be delivered to stockholders and to the company. or of any other description, to either of the states in which the road of the consohdated company shall be situated, or to any individual, or any claim or demand for damages for any act done, or neglect suffered by any such corporation, be in any manner released or impaired ; but such new corporation is declared to succeed to such obligations and liabilities, and to be held liable to pay and discharge all the debts and liabilities of each of the corporations that shall be consolidated, whether on contract or for misconduct or neglect, either to the states aforesaid or to individuals ; and it shall be liable to have an action brought against it to enforce the payment of any money or damages, or the performance of any duty which any corporation consolidated with such new corporation was liable to pay or perform, in the same manner as if such new corpo- ration had itself incurred the obligation or liability to pay such money or damages, or perform such duty ; and no suit, action, or other proceeding, pending before any court or tribunal, in which any raiboad company, that may be consolidated, is a party, shall be deemed to have abated or discontinued, by rea- son of any such consolidation ; but the same may be prosecuted to final judgment in the same manner as if the said corporation had not become a party to such consohdation, or the said new corporation may be substituted as -a party in place of any cor- poration of which it may be composed, by order of the court in which such action, suit or proceeding may be pending. Sect. 7. If any stockholder shall, at said meeting of stock- holders, or within twenty days thereafter, object in writing, filed with the clerk, to such consohdation, and demand pay- ment for his stock, such stockholder or said new company may, if said consolidation take effect, at any time thereafter within one year, apply to the highest court of the state by which the corporation of which he was a stockholder was chartered, at any term thereof, for the appointment of three persons to appraise the value of such stock. If the court shall be satis- fied that reasonable notice has been given of such application, it shall thereupon appoint three persons to appraise the yalue of such stock, and shall designate the time and place of meet- ing of said appraisers, and give such directions in regard to the proceedings in said appraisement as shall be deemed proj^er, and shall also direct the manner in wliich payment for such stock shall be made to such stockholder. The court may fill any vacancy in the board of appraisers occurring by refusal or neglect to serve, or otherwise. The appraisers shall meet at the time and place designated, and they, or any two of them, after being duly sworn honestly and faithfully to discharge their duties, shall estimate and certify the value of such stocks 1853. Chap. 367. 589 at tlie time of such dissent as aforesaid, and deliver one copy of their appraisal to the said company and another to the said stockhokler. If demanded, the charges and expenses of the appraisers shall be paid by the company. When the corpora- tion shall have paid or tendered the amount of the appraisal, when Ti-iixU i. J r -J ti.1 corporation shall as directed by the court, and expenses aioresaid, such stock- have paid holder shall cease to have any interest in said stock, and in sufcuiower's the corporate property of said stock, and in the corporate pro- g^^'ctase. perty of said new corporation, and the said stock may be held or disposed of by said corporation. Sect. 8. Any new corporation, formed agreeably to the ^^^^^^^.^^.^^^ provisions of this act, may purchase or hire for a term of years, purchase or of the Vermont and Massachusetts Railroad Company, that Vermont and part of their railroad situated between the Fitchburg Railroad, raihoad*^^^ in Fitchburg, and the Cheshii-e Railroad, in Ashburnham, to- «=°'^P'''»y' ^^■ gether Avith their depot-grounds, and buildings, at said Fitch- biu'g and Ashburnham, or any part of the same, or may contract with said company for the use of the same, upon such terms and conditions as shall be mutually agreed upon by the parties. Sect. 9. Not less than three of the directors of said new Qf^^^g^j^Q^^s j^^^i company shall reside in each state through which its railroad service of any shall pass, and any process duly served on any of said directors, in the state in which it shall originate, shall be deemed to be legally served on said corporation. And in the state in which its treasurer or clerk shall reside, such process may be legally served on said treasurer or clerk. Sect. 10. In the event that the companies aforesaid may incase not be consolidated as aforesaid, authority is hereby given to consolidate, the Fitchburg Railroad Company to take a lease of the Cheshii-e grven,"tc.'* Railroad, or to the Cheshu'e Railroad Company, or to the Cheshire and Rutland and Burlington Railroad companies, to take a lease of the Fitchburg Railroad, upon such terms and conditions as shall be mutually agreed on by the parties ; and to the party aforesaid which shall take the lease of the road of the other party aforesaid, authority is also hereby given to purchase or hii'e of the Vermont and Massachusetts Railroad Company the part of the road described as aforesaid, with their depot-grounds as aforesaid, on such terms and conditions as may be mutually agreed. Sect. 11. All railroad companies, whose railroads are soother 1 J, .,..,, ., ,. companies may connected as to lorm a continuous une with the said consoli- enter upon dated railroad, shall have authority to enter upon and depart ^^ "**' * '^' from said consolidated railroad, at any point of junction there- with, and to use the same, or any part thereof, according to law ; provided, that for such use of said consolidated railroad, ProTided. 65 590 1853.- -Chap. 367. When used in connection with other roads may make further charge. Consolidated company may enter upon and use other railroads, etc. ProTiso. When this act shall be in force the compensation to be paid by any company using the same shall, (unless otherwise agreed by the parties,) be charged according to distance, at the same rate per mile for passengers and freight, as is charged for passengers and freight transported between Boston and the station (northward of the point of June tion) on said consolidated raikoad, at which said passengers and freight shall be taken or delivered, deducting therefrom such proportion thereof as is charged for cars and depot accom- modations, and for loading and unloading, so far as in any case, cars and depot accommodations are not furnished or used, and no expense is incurred for loading or unloading on said con- solidated railroad. The said consolidated railroad company, however, in all cases in which their railroad shall be used in connection with other raih'oads as aforesaid, may make a further charge, not exceeding one half cent per passenger per mile, and one half cent per ton of freight per mile, on all pas- sengers and freight sent to or received from a connecting railroad, and transported on said consolidated railroad for a less distance than tAventy-four miles, and may also chai-ge the expense of loading and unloading, so far as the same may be in such case incui-red. Sect. 12. The said consoKdated company shall have au- thority to enter upon the railroads of all raikoad companies connected as aforesaid, and to use the same or any part thereof according to law; and (unless otherwise agreed) the compen- sation to be paid by the said consolidated company to the said other companies, shall be in all respects the same as in the foregoing section is required to be paid by the said other companies to the said consolidated company. The said con- solidated company may make a special discount from the rates of freight charged in all other cases upon merchandise shipped to or from its terminal points, and such discount shall not affect the arrangement of rates of freight between the several companies : provided, that the said consolidated company shall allow the same discount from the rate of freight on merchan- dise shipped to or from the terminal point of any railroad connected as aforesaid with the said consolidated railroad. Sect. 13. This act shall be in force as to so much thereof as relates to the Fitchburg and Cheshire Railroad Companies, only when similar and corresponding enactments shall be made by the legislature of New Hampshire, and as to so much as relates to said companies, or either of them, and to the Hut- land and Burlington Baih-oad Company, only when similar and corresponding enactments shall be made by the legislature of Vermont. [Approved by the Governor, May 24, 1853.] / 1853. Chap. 368—370. 591 An Act to incorporate the Boston Brick Manufacturing Company. Chan S68 Be it enacted by the Seriate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. William L. Beal, H. B. "Wetherell, ^Nathan Hale, corporators. Timothy Tufts and C. A. Boyden, theli* associates and succes- sors, are hereby made a corjDoration, by the name of the Bos- Name. ton Brick ^Manufacturing Com23any, for the purpose of manufocturing brick, in the town of Somerville, in the county of ISIiddlescx, with all the powers and privileges, and subject Powers, to all the duties, restrictions and liabilities, set forth in the ' thirty-eighth and forty-fourth chapters of the Revised Stat- utes. Sect. 2. The said corporation may hold real and personal Kcai ana personal , -.i-.i ^-j^ estate, $300,000. estate necessar}^ and convenient tor the purposes aioresaid, not exceeding in amount three hundred thousand dollars : provided, that no shares in the capital stock of said corporation shall be No shares issued issued for a less sum or amount than the par value of the shares which shall be first issued. Sect. 3. This act shall take effect from and after its pas- sage. {^Approved by the Governor, May 25, 1853.] An Act relating to Costs in Civil Actions. ChdV 369 J?e it enacted by the Senate and House of Representatives, 771 General Court assemhled, and by the authority of the same, as follows : For each term during which any action, complaint or peti- cierks to receive tion shall be pending in the Supreme Judicial Court, Court of cents, etc. Common Pleas, or board of county commissioners, there shall be paid to the clerk of such court, or board, by the plaintiff or petitioner, to be taxable in the bill of costs, a term fee of forty cents, and the same shall be in full of all charges of the clerk in such case, except the entry fee, which shall be one dollar and twenty-five cents, and except for copies of the case, or of any paper relating thereto. [^Approved by the Governor, May 25, 1853."! An Act to incorporate the Hingham Cordage Company. Phnn ^*70 Re it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Hawkes Fearing, David Fearing, Thomas F. corporators. Whiton, their associates and successors, are hereby made a corporation, by the name of the Hingham Cordage Company, Name. 592 1853. Chap. 370—371. for the purpose of manufacturing cordage in the town of Hingham, county of PhTnouth, ^\ith all the powers and Powers, duties, pri\dleges, and subject to all the duties, restrictions and liabili- ties, set forth in the thirty-eighth and forty-fomth chapters of the ReAased Statutes. Real and personal Sect. 2. The Said Corporation may hold real and personal estate §100,000. ,. 1 ' i. x" ^.^ r-ii. estate necessary and convenient tor the purposes aiosesaid, not exceeding in amount one hundred thousand dollars. No shares issued Sect. 3. Xo sharcs in the capital stock of said corporation under par. shall be issucd for a less sum or amount than the par value of the shares M^hich shall be first issued. Sect. 4. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 25, 1853.] C/lCip. oil An Act giving Equitable Remedies in Suits at Law. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Suits which shall Sect. 1. All suits for enforcinsT and regulating the execu- te by action of. ^^•n^•r{' contract, etc tiou of trusts ; all suits for the specific performance of any written contract ; all suits for contribution, and between per- sons who are respectively liable for the same debt or demand, and where there are more than two parties having distinct rights or interests, and all suits between copartners, joint tenants and tenants in common and their legal representatives, and between joint trustees, co-executors and co-administrators, shall be by action of contract, setting forth the facts and cir- cumstances of the case, so far as may be necessary, and pray- ing for relief in equity. Suits which shall Sect. 2. All suits conceminsT waste and nuisance, and all be by action of . , , . ." ^ ' tort, etc. suits to compei the re-deuvering of any goods or chattels whatsoever, taken or detained from the owner thereof and secreted or withheld so that the same cannot be replevied, shall be by action of tort, in which the plaintiff, in addition to his claim for damages may pray for rehef in equit}^. Court may Sect. 3. In all the foregoing actions in which relief in etc. ' equity is prayed for, the court, at any time after commence- ment of process, as well in term time as vacation, may make and award all such decrees, judgments, orders and injunctions ; and issue all such executions and other writs and processes, and do all such other acts as may be necessary or proper to carn»^ into full effect the power to grant such relief. And in all suits to compel the re-delivering of any goods or chattels taken or detained from the owner thereof, the court may make all such temporary orders and decrees in regard to the custody V 1853. Chap. 371—373. 593 and preservation of the property as the equity and justice of the case shall require. Sect. 4. The supreme judicial court shall have exclusive Supreme judicial jurisdiction of all the suits mentioned in this act, in which re- exclusive /^^ juns- lief in equity is prayed for ; and in addition to the power which '"'=*'o°) «««• said court now has to make rules for regulating the practice in such suits, it shall have power to prescribe the time when af- fidavits of defence shall be filed ; and to make such rules for practice as may be necessary to carry into effect this act. Sect. 5. This act shall have no effect upon any pending ^fj^akl^ffect action or suit, and shall take effect on the first day of March next. [Ajpjyroved hy the Governor, May 25, 1853.] An Act to incorporate the Boston Hand Stamp Company. Chart R72 J?e it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. S. P. Ruggles, F. O. Prince, Gai'dner Symmes, corporators. E. Richmond, their associates and successors, are hereby made a corporation, by the name of the Boston Hand Stamp Com- Names. pany, for the purpose of manufacturing hand stamps in the citv of Boston, county of Suffolk, with all the powers and Powers, .*' . . . . . . duties etc* privileges, and subject to all the duties, restrictions and ha- bihties, set forth in the thiity-eighth and forty-fouith chapters of the Revised Statutes. Sect. 2. Said corporation may hold real and personal ^^^i ^^^ -■^ . r ^ r • 1 personal estate, estate necessary and convenient lor the purpose aforesaid to an «ioo,ooo. amount not exceeding one hundred thousand dollars : pro- vided, that no shares in the capital stock of said corporation No shares issued shall be issued for a less sum or amount than the par value of ^ ^^ ^^'' the shares which shall be first issued. Sect. 3. This act shall take effect from and after its pas- sage. [Approved hy the Governor, May 25, 1853.] An Act to authorize the Laying Out of a Highway across Merrimack f/ir/fj S7S River between Haverhill and Bradford. •/ ' Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The county commissioners of the county of Es- county commis- sex are hereby authorized, (if in their opinion the pubKc ne- construct as a cessity and convenience require the same,) to construct as a ^fos^Me^fck highway, a bridge across the Merrimack River, at any point between the bridge of the Boston and ISIaine Railroad, and the bridge of the Haverliill Bridge Company, and to take the ne- 66* nver. 594 1853. -Chap. 373. Draw to be tuaiutained. County commis- sioners to assess and apportion expenses. cessary land for the same and for the avenues thereto. Or they may, in their discretion, lay out a public highway over the present bridge of the said Haverhill Bridge Company, and for that purpose may take or purchase said bridge, and so much of the avenues thereto as are not already public high- ways, and in each case shall a sufficient draw for the passage of vessels, in the bridge so constructed or taken as a highway, be maintained as a part of said highway. Sect, 2. Any person or corporation whose property shall be taken under the previous section, shall be entitled to com- pensation therefor, to be ascertained and paid in the mode provided by law, when highways are laid out by county com- missioners. Sect. 3. The said county commissioners shall have the same authority to assess, apportion, and collect the expenses of so constructing a bridge, or taking said Haverhill Bridge, as they have in case of other highways constructed by them, and the expense of supporting and maintaining the same shall be borne by the laying of tolls upon said bridge, (except for foot passengers,) as the same may be necessary or jaroper in the judgment of the said county commissioners, at rates of toll not higher than those now by law established over said bridge. And the towns of Haverhill and Bradford, respectively, shall be liable for any damages sustained on that part of said bridge within said towns respectively, as in case of other highways, and shall be reimbursed therefor, together with any cost said town may thereby be subjected to by the said county commis- sioners, who shall impose tolls thereon for that purpose at the rates herein specified. Sect. 4. Said county commissioners shall not exercise the authority conferred upon them by the first section of this act, until they shall have received a bond or bonds, with sufficient security, to pay one-quarter part of the expense of so con- structing the new bridge and its said avenues, or of so taking or purchasing said bridge of said Haverhill Bridge Company. And they are authorized to receive such bonds from any indi- viduals, and in case of default, to sue thereon, in then- name of office, in any court competent to try the same. Sect. 5. If the proprietors of said Haverhill Bridge shall, if propri"^tors*of withiu three months from the passage of this act, at a legal Hiweriiiu bridge, j^eeting of the corporation called for that purpose, assent that said county commissioners shall lay out a highway over said bridge, on condition that said proprietors be paid its value to the public, regard being had to its location, then said county commissioners shall not construct a new bridge as hereinbefore provided ; and if they shall so lay out said bridge of said cor- Towns of Haverhill and Bradford liable for damages. Commissioners to receive bond for payment of one fourth of expense. New bridge not 1853. Chap. 373—374. 595 poratlon as a highway, said proprietors shall have the same re- medies to recover said value that are provided for owners of land taken as a highway, or said value shall be assessed by three commissioners, to be appointed by the governor and council, if said proprietors shall by vote so elect. Sect. 6. This act shall not take effect, until the said towns ^Jj^fj^J^^g^^^t of Haverhill and Bradford, shall, at legal meetings called for the purpose, and witliin one year from the passage of this act, vote to accept the same : provided, that said bridge corpora- Proriso. tion may signify their assent to the county commissioners under the provisions of the preceding section. And if said highway be not laid out in one of the modes herein pro- vided, witliin thi-ee years from its passage, then this act shall outlil'a'years!^ be void. Sect. 7. The said bridge corporation, in case their bridge ^onfotuXrfor shall be laid out as a highway, shall be thereafter discharged damages, etc. from all liabilities to maintain said bridge, and from all claims for damages that may be thereafter sustained. [Ajpproved by the Governor, May 25, 1853.] An Act to iucorporate tlie Spicket Falls Bank in Methuen. ^j o*~A Be it enacted by the Senate and House of Representatives, ^ ' in General Court assembled, and by the authority of the same, as follows : Sect. 1. Josiah G. "White, J. W. Carleton, Josiah Dear- Corporators, born, their associates and successors, are hereby made a corpo- ration, by the name of the President, Directors and Company of the Spicket Falls Bank, to be established in Methuen, and shall ^^™^- so continue until the first day of October, in the year one To continue tm thousand eight hundred and seventy-five, and shall be entitled "^ ° ®'^' to all the powers and privileges, and be subject to all the du- powers, ties, liabilities and restrictions, set forth in the public statutes '^*®^'® of this commonwealth relative to banks and banking. Sect, 2. The capital stock of said bank shall consist of one capital »ioo,ooo. hundred thousand dollars, to be divided into shares of one hundred dollars each, to be paid in such instalments and at such times as the stockholders may direct : provided, that the Proyiso. whole be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 3. The stock of said bank shall be transferable only Transferable, at its banking house and on its books. Sect. 4. The said corporation shall be subiect to all the subject to future •,.,.,.. . '■, . . . ** , . , , legislation. liabilities, requirements and restrictions, contained m such acts as may hereafter be passed by the general court in relation to banks and banking. [Approved by the Governor, May 25, 1853.] 596 1853. -Chap. 375—377. Chcit) 375 -^^ ^^^ relating to Additional Sentences in the State Prison. _Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : All laws now in force providing for additional sentences upon convicts on account of any previous sentence to tlie state prison in this or any other state, are hereby repealed : pro- vided always that this act shall not affect any svich additional sentence akeady passed. [Approved by the Governor, May 25, 1853.] Laws repealed. Provided. Chap. 376 Penalty for false and fraudulent representations. An Act concerning Insurance. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Any person who shall procure any payment, or any obliga- tion for the payment of any premium for insurance, by false and fraudulent representations, or in violation of any law of this commonwealth, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding six months, for each offence. [Approved by the Governor, May 25, 1853.] C/mp. 377 Seines and drag nets forbidden at certain seasons. Penaltj'. Forfeitures, liow collected. County commissioner to open a passageway for fish, if town committee fail so to do. An Act in addition to an Act to establish the Fisheiy in the Agawam and Halfway Pond Rivers. Re it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folloios : Sect. 1. If any person or persons shall use any seine or drag net for the taking of fish in the Agawam and Half-way Pond rivers between the first day of March and the first day of October, he or they shall each forfeit and pay to the towns of Plymouth and Wareham twenty dollars for each and every offence ; and shall also forfeit such seine or drag-net, together with such boat or boats as may be used to work the same. Sect. 2. All forfeitures under this act shall be collected in the same manner, and disposed of in the same way, as for- feitures under the act passed February tAventy-sixth, eighteen hundred and thirty-eight, to which this is in addition. Sect. 3. If the committee annually chosen by the towns of Plymouth and Wareham, shall fiiil by neglect or disagree- ment to fix the time, and prescribe the manner in wliich the owner or occupier of any dam on said rivers shall open a suf- ficient passage for said fish through said dam ; then and in 1853. Chap. 377—378. 597 that case, the committee of either town, Avho may feel aggrieved thereby, may apply to the county commissioners of the county of Plymouth, who, after due notice to the committee of the other to^vn, shall have the same power now vested in said committee to fix the time and prescribe the manner in which the owner or occupier of any dam on said rivers, shall open a sufficient passage for said fish through said dam ; and the own- er or occupier of any dam on said rivers, who shall fail to com- ply with the order of said commissioners therein, shall be liable Penalty for to the same penalties as they are now liable to for failing to with wder^o™^ ^ comply with the order of said committee, to be recovered in commissioners. like manner. And said county commissioners shall have the same power which said committee now possess, to open said dam, when neglected as aforesaid. And if either of the county commissioners shall reside in either of the towns of Plymouth or Wareham, his place shall be supplied by one of the special commissioners not resident in either of said towns. Sect. 4. All acts and parts of acts inconsistent with this inconsistent acts .11 11 repealed. act are hereby I'epealed. Sect. 5. Tliis act shall take effect from and after its pas- sage. [Approved by the Governor, May 25, 1853.] An Act to facilitate tlie Detection, and to prevent the Circulation of /ij,,,^ Q'TQ Counterfeit Bank Bills. OMip. O i O JBe it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as foliates : Sect. 1. Any and every bank now established, or which counterfeit may be established under the authority of this commonwealth, be'stamped. which shall receive in payment, or upon deposit, or for re- demption from any other bank, or from any person or persons, any counterfeit bank bill, shall and may write or stamp upon such bank bill, the words " counterfeit," adding thereto or thereunder the name of the bank, and the initials of its officer, by which such writing or stamp shall be made. Sect. 2. Any bank note or bill which may have been al- Altered wiis to tercd from its original denomination or amount to some other, ^^ ^^^^p*"^- may in like manner be stamped with the word " altered," in such manner as to give notice of such alteration. Sect. 3. If any bank or its officer shall by mistake or in- Liable for actual advertence make any such writing or stamp upon a bank note ex^pffoT ^' or bill which is not in fact a counterfeit or an altered bill, stamp"'!''* the bank or its officer shall not be answerable in damages for • any sum greater tliim the actual loss or damage which such 598 1853. Chap. 378—380. mistake or inadvertence may produce, except in cases where it appears that the stamp was fraudulently made. [Approved hy the Governor, May 25, 1853.] CllClX) 379 An Act to incorporate the New England Burnettizing Company. He it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. William F. Parrott, H. L. Hazelton, and George P. Tewksbury, their associates and successors or assigns, are Name. hereby made a corporation, by the name of the New England Burnettizing Company, to be located in Chelsea, for the pur- pose of establishing and maintaining works, at which timber and other articles may be rendered partially or wholly incom- bustible, and more or less free from liability to rot or decay, by means of such apparatus and processes as may be necessary Purpose. °^ convenient therefor, and for the purpose of using, improving working or disposing of such articles, works, processes or any of them : with all the powers and duties, and subject to all Powers the restrictions and liabilities, set forth in the thirty-eighth duties, etc. ^nd f orty-fourth chapters of the Revised Statutes. Real estate Sect. 2. The valuc of the real estate of said corporation Whole capital sliall uot excccd one hundred thousand dollars, and the whole No shares issued Capital stock shall uot cxcccd tlircc hundred thoiisaud dollars, under par. Sect. 3. No sharcs in the capital stock of said corporation shall be issued for a less amount, to be paid in on each, than the par value of the shares first issued. . Sect. 4. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 25, 1853.] iyfiap. OoU An Act establishing the Salaries of the Judges of Probate for the Coun- ties of Worcester, Essex, Noi folk, and Plymouth. J5e it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Salaries Sect. 1. From and after the first day of July next, the several judges of probate herein named, shall receive for their services, an annual salary as herein specified, that is to say — the judge of probate for the county of AVorcdster, the sum of seven hundred dollars ; the judge of probate for the county of Essex, the sum of seven hundi'ed dollars ; the judge of probate for the county of Norfolk, the sum of five hundred dollars ; the judge of probate for the county of Plymouth, the sum of four hundred and fifty dollars. Inconsistent acts Sect. 2. All acts and parts of acts inconsistent with this act are hereby repealed. [Approved by the Governor, May 25, 1853.] 1853. Chap. 381—382. 599 An Act to incoi-porate the Stockbridge Hotel Company. ChttD 381 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. J. D. Adams, C. M. Owen, William Whitney, corporators. their associates and successors, are hereby made a corporation by the name of the Stockbridge Hotel Company, for the jiur- pose of erecting, in the town of Stockbridge, buildings neces- sary M\f\ convenient for a public house : with all the powers and privileges, and subject to all the duties, liabilities and re- Powers strictions, set forth in the forty-fourth chapter of the Revised ^""^ '^''"^''■ Statutes. Sect. 2. Said corporation may hold such real and personal Rpai and , 1 1 ' J. r ^^ personal estate property as may be necessary and convenient tor the purposes $50,000. aforesaid, not exceeding in amount fifty thousand dollars : provided, that no shares in the capital stock of said corporation ^° shares iiii. ^ r 1 1 11 ...to be issued shall be issued tor a less sum or amount, to be actually jDaid under par. in on each, than the par value of the shares that shall be first issued. Sect. 3. If any ardent spirits, or intoxicating drinks of 1/ intoxicating any kind whatever, shall be sold by said company, or by their sold^thfs'^act to agents, lessees, or persons in their emj)loy, in any of said ®^°"^" buildings, then this act shall be void. [Approved by the Governor, May 25, 1853.] An Act to incorporate the Mystic River Works. pj ^09 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. John C. Blasdel, Willard Sears, John Coe, and corporators. H. L. Hazelton, their associates and successors, are hereby made a corporation, by the name of the Mystic Eiver Works, for the purpose of manufacturing locomotives, engines, cars, purpose and other articles of iron or Avood, and machinery, in the town of Chelsea, county of Sufiblk, with all the powers and privi- Powers, • •. duties 6tc. leges, and subject to all the duties, restrictions and liabilities, set forth in the thirty-eigthth and forty-fourth chapters of the Revised Statutes. Sect. 2. The said corporation may hold real estate in the ^ijo^'o^" towns of Chelsea and INIalden, necessary and convenient for %!lf t^j^^'''"^ the purposes aforesaid, not exceeding in amount one hundied and fii'ty thousand dollars, and the whole capital stock of said corporation shall not exceed in amount three hundred thou- SAnd dollars. 600 1853.- -Chap. 382—383. No shares to be issued under par. Sect. 3. No shares in the capital stock of said corporation shall be issued for a less sum or amount than the par value of the shares which shall first be issued. Sect. 4. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 25, 1853.] Chap. 383 Corporators. Compensation. If unable to agree supreme judicial court to appoint three commissioners. Proviso. An Act to incorporate the Cambridge Railroad Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Gardiner G. Hubbard, Charles C. Little, and Isaac Livermore, their associates and successors, are hereby made a corporation, by the name of the Cambridge Railroad Company, with power to construct, maintain, and use a rail- way or railways, vrith convenient single or double tracks, from such point or points of the city of Cambridge, upon and over the streets or highways therein, as shall be from time to time fixed and determined by vote of the mayor and aldermen of the said city of Cambridge, and assented to in writing by said corporation ; and over the roads, estates, and bridges belonging to the Hancock Free Bridge Corporation, to the intersection of the same with the streets of the city of Boston, as shall be, from time to time, fixed and determined by vote of the direc- tors of the Hancock Free Bridge Corporation, and assented to in writing by said corporation, paying said Hancock Free Bridge Corporation such compensation, or tolls, for the right of using said roads, estate, and bridges, as may be mu- tually agreed upon, or if the respective corporations shall be unable to agree upon the compensation so as aforesaid to be paid, the supreme judicial court, upon the petition of either party, and upon notice to the other party, shall appoint tlu'ee com- missioners, who shall, upon due notij:e to the parties interested, proceed to determme and fix the rate of compensation or toll. And the award of said commissioners, or a major part of them, shall be binding upon the respective corporations interested therein, until they shall have been revised or altered by com- missioners so appointed as aforesaid ; but no such revision or alteration shall be made by such commissioners within one year after such decision and award shall have been made ; and thence upon and over such streets and highways of the city of Boston to such point or points in said city as may, from time to time, be fixed and determined by vote of the mayor and aldermen of the said city of Boston, and assented to in writing by said corporation : provided, however, that all tracks of said railroad shall be laid at such distances from the side- 1853. Chap. 383. GOl \ralks in said cities, as the mayor and aldermen thereof re- spectively, shall in their orders fixing the routes of said rail- road determine to be for the public safety and convenience. The "written assent of said corporation to any vote or votes of the mayor and aldermen of said cities, and of the directors of the Hancock Free Bridge Corporation, prescribing from time to time the routes of said road, shall be filed with the respec- tive clerks of said cities and corporations, and shall be taken and deemed to be locations thereof ; and said corporation shall have power to fix, fi-om time to time, such rates of compensa- tion for transporting persons or property, as they may think expedient, and shall have all the powers and privileges, and be subject to all the duties, liabilities and restrictions, set forth in the forty-fourth chapter of the Revised Statutes. Sect. 2. Said tracks or roads shall be operated and used 1° horTpowr by said corporation with horse power only, and it shall not °^^- connect its track with any other raih'oad on which other power is used. The mayor and aldermen of said cities respectively shall have power at all times to make all such regulations as to the rate of speed and mode of use of said tracks, as the pub- lic convenience and safety may require. Sect. 3. Said corporation shall maintain and keep in re- <^o'"PO':a"on to -k . ^ . , Keep streets in pair such portion of the streets and bridges respectively, as repair, uabie, shall be occupied by their tracks, and shall be liable for any loss or injury that any person may sustain by reason of any carelessness, neglect or misconduct of its agents and servants in the management, construction or use of said tracks, roads or bridges ; and in case any recovery shall be had against either of said cities or said bridge corporation by reason of such de- fect or want of repair, said corporation, shall be liable to pay to said cities and said bridge corporation respectively, any sums thus recovered against them, together with all costs and reasonable expenditures incurred by said cities or said bridge corporation, or either of them, in the defence of any such suit or suits in which recoveiy shall be had, and shall not incum- ber any portion of the streets or bridges not occupied by the said road or tracks. Sect. 4. If any person shall wilfully and maliciously ob- Penalty for struct said corporation in the use of said road or tracks, or the corporation. passing of the cars or carriages of said corporation thereon, such person, and all who shall be aiding or abetting therein, shall be punished by a fine not exceeding five hundred dol- lars, or may be imprisoned in the common jail for a period not exceeding three months. If said corporation or its agents or servants shall wilfully and maliciously obstruct any high- way or the passing of any carriages over the same, such corpo- 66 602 1853. Chap. 383. Penalty if ration sliall be piinished by a fine not exeeeding five hundred corporation -, •, ■■ sball obstruct. aoiiars. Capital $300,000. Sect. 5. The capital stock of said corporation shall not ex- ceed three hundred thousand dollars^ to be divided into shares No shares less of fifty dollars cach. And no shares shall be issued for a less sum to be actually paid in on each than the par value of the shares which shall first be issued. May hold real Sect. 6. Said Corporation shall have power to purchase and hold such real estate within said cities, or either of them, as may be convenient or necessary for the purposes and man- agement of said road. Boston and Sect. 7. The citics of Bostoii and Cambridge may, at any purchase"*^ ™*^ time during the continuance of the charter of said corporation, franchise, etc. ^^^ after the expiration of ten years from the opening of any part of said road for use, purchase of said corporation all the franchise, property, rights and furniture of said corporation by paying them therefor such a sum as will reimburse to each person who may then be a stockholder therein, the par value of his stock, together with a net profit often per cent, per an- num from the time of the transfer of said stock to him on the books of the corporation, deducting the dividends received by said stockholder thereon. M.ayorand Sect. 8, The Said road shall be constructed and maintained aldermen of cities to determine in sucli form and manner, and upon such srade, and with such trrixdc etc* <— ' ■' gauge, as the mayor and aldermen of said cities and the said bridge corporation respectively, may, in their votes, fixing and determining the routes thereof as aforesaid, prescribe and di- rect, and whenever, in the judgment of said railroad corpora- tion, it shall be necessary to alter the grade of any street so occupied by it, such alteration may be made at the sole ex- pense of said corporation, provided the same shall be assented to by the mayor and aldermen of said cities respectively. This act shall not Sect. 9. Nothing in this act shall be construed to prevent fromTaidng^up the city authorities of either of said cities, or said bridge cor- streets, etc. poratiou from entering upon and taking up any of the j)ublic streets or bridges traversed by said railroad, for the purpose for which they may now lawfully take up the same. This act shall be Sect. 10. This act shall be void so far as relates to the void unless, etc. ., ., ,.., p.,.. , , right to construct said road m either oi said cities, unless the same shall be accepted by the city councils of said cities re- spectively, and unless the same shall be accepted by said corporation, and ten per cent, of the capital stock thereof paid in within two years fi*om the passage of tliis act. sub^eft^tcTmake Sect. 11. Said Corporation shall be deemed a raihoad cor- annuai returns, poratiou SO far as to bc subicct to make such annual returns to F->ut etc the legislature as are or may be prescribed by law, but not to 1853. Chap. 383—385. 603 the other general provisions of law in relation to railroad cor- porations. Sect. 12. The existence of said corporation is hereby Limited to fifty hniited to the period of fifty years from the passage hereof. ^*^'^'^'" [Ajpproved by the Governor, May 25, 1853.] An Act to increase the Capital Stock of the Hiugham Bank. Llia'p. Oo4 J5c it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folio ivs : Sect. 1. The president, directors, and company, of the Sf35,ooo Hingham Bank, in Hingham, are hereby authorized to increase capital. their present capital stock by an addition thereto of thirty -five thousand dollars, in shares of seventy dollars each, which shall be paid in such instalments as the president and directors may determine : provided, that the whole amount shall be paid in proviso, before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 2. If any of the stockholders of said bank remon- Remonstrance strate against the acceptance of the additional capital herein ° em^ntiDg. pro^'ided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first day of July next, and if the j)ersons so objecting, legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional capital aforesaid, when paid into Additional .,,,,,., I . T Ti 1 • • capital subject to said bank, shall be subject to the like tax, regulations, restric- same restrictions tions, and provisions, to wliich the present capital stock of said ** ""^ma s oc bank is now subject. Sect. 4. Before said corporation shall proceed to do busi- Certificate to be ness on said additional capital, a certificate signed by the presi- secretary of dent and directors, and attested by the cashier, under oath, ^'^'®' that the same has actually been paid mto said bank, shall be returned into the ofiice of the secretary of the commonwealth. Sect. 5. This act shall take effect from and after its pas- age. [Ajjproved by the Governor, May 25, 1853.] An Act concerning the Harbor of Boston. C/iCip. 385 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The lines hereinafter described are hereby estab- channel lines lishcd as Hnes of the channel of the harbor of Boston, beyond which no wharf or pier shall ever hereafter be extended other- wise than as is provided in this act, into or over the tide water 'of the commonwealth. 604 1853. -Chap. 385. Restrictions as to building and filling. Space between lines to be for Jock purposes. Sect. 2. The inner line marked "A," in three parts, on the commissioners' plan hereinafter referred to, begins in South Boston, at a point in the north line of Fourth Street, extended eastward one thousand feet from "P" Street, and runs thence northward parallel with "P" Street, fourteen hundred feet; thence north-westward till it intersects the east line of " T " Street extended northward twenty-four hundred feet from Fourth street ; thence westward towards the south corner of Bull's Wharf, till it intersects the harbor line on the east side of Fore Point Channel, established by " An Act concerning the Harbor of Boston," passed on the seventeenth day of INIarch, in the year eighteen hundred and forty. This is the extreme line of solid fillings. The outer line, marked " B," in three parts, on said plan, begins in South Boston, at a point in the north line of Fourth Street, extended eastward fourteen hundred feet from " P " Street, and funs thence northward, parallel with " P " Street, fourteen hundred feet ; thence north-westward till it intersects the east line of " P " Street extended northward, twenty-eight hundred feet from Fourth Street ; thence westward, toward the south corner of. Arch Wharf, till it intersects the harbor line aforesaid, on the east side of Fore Point Channel. This is the extreme line of any structure of any description whatever. The said lines thus described are the lines rej)orted by the commissioners under resolves approved the third day of May, in the year one thou- sand eight hundred and fifty, authorizing the appointment of commissioners to define lines beyond Avhich, no wharves shall be extended into and over the tide water of the commomvealth on the flats on the easterly side of Fore Point Channel, and the northerly shore of South Boston, and are drawn and de- fined npon a plan deposited by said commissioners in the state library. Sect. 3. No solid structure or filling shall ever hereafter be extended beyond said inner line, marked " A ; " and no wharf, pier, or other structure whatsoever, shall ever hereafter be extended beyond said outer line, marked " B," into or over the tide-Avater of the commonwealth ; nor shall any wharf, pier, or other structure whatsoever, on the inner side of either of said lines, be extended further toward said Hues or either of them, than such wharf, pier or other structure now stands, or might have been lawfully extended or enlarged be- fore the passage of tliis act, without leave being first obtained from the legislature ; and the space between said lines shall be forever dedicated to dock purposes, in the shape of slips, wet clocks or basins, as the exigencies of commerce shall recLuiic, and the legislature shall hereafter order and direct. 1853. Chap. 385—836. 605 Sect. 4. Every person or corporation offending against tlie Persons provisions of this act shall be deemed gviilty of a misdemeanor, to prosecution and shall be liable to be prosecuted therefor by indictment or '^ information, in any court of competent jurisdiction, and on conviction shall be punished by a line not less than one thou- sand dollars, nor more than five thousand dollars for every ofi'cncc, and anv erection or obstruction which shall be made Obstruction ,•' .. ,. r 1 • iniTii may be abated as contrary to the provisions and intent of this act, shall be hable a nuisance. to be removed and abated, as a public nuisance, in the manner provided by law, for the removal and abatement of nuisances • on the public highway. Sect. 5. This act shall take effect from and after its passage. [Appi'oved by the Governor, May 25, 1853.] An Act to establish tlie Proprietors of the Merrimack River Bridge. Chap. 386 Be it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Archibald O. Varnum, James H. B. Ayer, ISTa- corporators. thaniel Fox, their associates and successors, ai'e hereby made a corporation, by the name of the Proprietors of the Merrimack River Bridsfe, with all the powers and privileges, and subiect pow;''^ ^°* . .. .... o-' ^ J privileges. to all the duties, restrictions and Habilities, set forth in the forty-fourth chapter of the Revised Statutes. Sect. 2. Said corporation is hereby authorized and em- Authorized to 1 • 1 1 -ir • T T-> • 1 Duild a bridge powered to erect a bridge over the Merrimack River, the as described. southerly end thereof to be opposite to Long Island, and within eight hundred feet of the northerly line of land belonging to the Lawrence Manufacturing Company ; and to purchase and hold such real eitr te as may be necessaiy for the purpose of said bridge and the avenues thereto. Said bridge shall be well built, of suitable materials, at least twenty-eight feet in Twenty-eight width, covered with plank, with sufficient railing or other protection on both sides for the security of passengers travellmg thereon, and shall be kept m good repair at all times. Sect. 3. Said corporation shall have the right to collect c°i^ct for ^^^ and receive the same rates of toll, as are allowed by law, to be received by the Central Bridge Corporation, in Lowell : pro- Provided, etc. vided, that whenever the tolls collected on said Merrimack River Bridge shall be sufficient to reunburse the proprietors for the cost of the real estate, and for the building of said bridge, Avith six per cent, interest annually, and for all the ex- penses of the repairs upon said bridge, and all current and incidental expenses of its management and superintendence, 66* 606 1853._Chap. 386. Proprietors may purchase certain franchises, etc. Provided. After five years from transfer to be opened as county roads, etc. Proprietors to make report of cost, etc. This act to be null and Toid if, etc. then said bridge shall revert to, and be vested in, the common- wealth, to be maintained as a free bridge forever. Sect. 4. Said proprietors of the Merrimack River Bridge shall have the right to purchase and hold the Central Bridge, in Lo^^ ell, and the franchise thereof, and the Patucket Bridge, so called, over the Merrimack River at Patucket Palls, and the franchise thereof, or either of said bridges and the fran- chises thereof, for such sum or sums as may be agreed on be- tween the said corporations respectively. And in case the said proprietors of the Merrimack River Bridge shall agree with either or both of said other corj)orations upon the price of either or both of said bridges, the Central Bridge Corporation, and the proprietors of Patucket Bridge, so called, or either of them, are hereby authorized to make the transfer of their bridges and the franchises thereof as aforesaid : ])rovided, that the city of Lowell and the town of Dracut, in the case of Central Bridge, shall consent to the transfer of said bridge to the cor- poration created by this act, and shall release their rights therein. Sect. 5. From and after the completion of the transfer of either or both of said bridges, the said proprietors of the JNIer- rimack River Bridge shall have the right to collect and receive the same rates of toll that are now received by said corpora- tions respectively, for the space of five years fi'om the com- pletion of said transfer or transfers respectively ; after which time, either or both of said bridges may be laid out as county roads or townways, by the county commissioners of. Middlesex county, as in their judgment the necessity and convenience of the public may requii-e. Sect. 6. Said proprietors of the Merrimack River Bridge, if they elect to erect a bridge as authorized by this act, shall when said bridge is completed, make a report of the cost ol said bridge and the avenues thereto, to the governor and coun- cil, and thereafter shall, in the month of January in each year, make to the governor and council an annual report of the receipts and expenses of said bridge for the year next preced- ing. And in case the said proprietors of the Merrimack River Bridge shall purchase either or both of said bridges, they shall forthwith report to the governor and council the sum or sums paid for said transfers respectively, or either of them, and thereafter shall make an annual report of the receipts and ex- penses of said bridges respectively, to the governor and council. Sect. 7. If the said Patucket Bridge and Central Bridge, or either of them, shall not be purchased as is hereinbefore provided, or if the said Merrimack River Bridge, and the ave- nues thereto, shall not be completed and opened for travel 1853. Chap. 386—387. 607 witliin four years from the passage of this act, then the same shall be null and void. Sect. 8. For the purpose of enablinfjf the said proprietors of Proprietors -n/T • i-r>- -rt • 1 • ^ in i/^,i contributing to Merrimack Kivcr xJndge, m case they shall purchase Central free the bridge and Patuckct Bridges, or either of them, to free the same in y°ars? less than hve years by voluntary subscriptions, the said propri- etors, Mith the consent of the mayor and aldermen of Lowell, ai"e authorized to commute and compoimd the tolls for passing May have their said bridges or either of them, "svith those who may subscribe b"y consent^'etc. for the freeing of said bridge or bridges as aforesaid, as they may deem expedient. [Aj)]}roved by the Governor, May 25, 1853.] An Act to niitliorize the Boston and Lowell Railroad Coi"poration |o Chap. 387 construct a Branch Railroad into the City of Boston. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The Boston and Lowell Railroad Corporation is Location of road. hereby authorized to construct and maintain a branch raihoad, beginning at a point in the present track of their railroad in East Cambridge, at or near East street, thence running easterly to Charles River, at a point near the easterly corner of the flats belonging to said corporation ; thence to a point at or near the bridge across said river, whic hthe Eastern Raihoad Company were authorized to construct by the 306th chapter of the acts of the year^eighteen hundi-ed and fifty-two, thence parallel with said bridge to the Boston shore ; thence to Causeway street, in said Boston ; and thence, provided said corporation so elects, to the north-westerly side of Traverse street, with the privilege of connecting with the tracks of the Eastern Railroad Com- pany, and of using the same with the consent of said company. Sect. 2. Lrsteadofthe route above described, said Boston Authorized to and Lowell Raikoad Corporation is authorized to construct branch railroad, and maintain a branch railroad, from a point in East Cambridge on the east side of their present bridge, across. Charles River, by the side of said bridge to the Boston shore ; thence to some point on Causeway street, in said Boston, between the Boston and INIaine Raikoad and Lowell street, and thence, if the corporation so elect, to a point on the north-westerly side ' of Traverse street, between Merrimack and Canal streets. Sect. 3. Unless said Boston and Lowell Railroad Corpo- void if not ration shall locate one of said routes within one year, and shall y^^,.^ build and complete the said road within two years from the passage hereof, this act shall be void. 608 1853. -Chap. 387—388. Draw. Commissioner to be appointed. Twenty-six feet wide. Mayor and aldermen to regulate speed, etc. Powers, liabili- ties, etc., as in chap. 44, R. S. Capital increased $600,000. Act Toid, unless, etc. Sect. 4. The bridge across Charles River by either of said routes, shall be provided with a suitable draw, which, together with the bridge itself, shall be constructed under the direction of a commissioner, to be appointed by the governor and council, whose services shall be paid for by said corpora- tion ; and the said corporation shall at all times keep said draw in good repair', and furnish men to open it for the passage of -vessels by day or night ; and said bridge shall not be constructed over twenty- six feet in width. Sect. 5. The motive power and the rate of speed for cross- ing any of the streets in the city of Boston, as well as the securities at the crossings of the same, shall be regulated in such manner as shall be required by the mayor and aldermen of said city. And the said Boston and Lowell Railroad Cor- poration, in the location, construction and use of the branch road hereby authorized, shall have all the powers and pri^d- leges, and be subject to all the duties, liabilities and restrictions, contained in the forty-fourth chapter of the Revised Statutes, and in all general laws which are now or may be hereafter in force respecting railroads in tliis commonwealth. Sect. 6. For the purposes of this act, the K^ston and Lowell Railroad Corporation is hereby authorized to increase its capital stock by the sum of five hundred thousand dollars. Sect. 7. This act shall be void unless the same is accepted by the stockholders of said corporation at a meeting to be held witliin sixty days from the passage hereof. [Ajp^roved by the Governor, May 25, 1853.] Chajy. 388 Pauper convicts discharged from imprisonment, having no legal settlement in this commonwealth, to be sent to a state almshouse at expense of state. If a legal settlement be subsequently An Act in relation to Pauper Convicts. Be it enacted by the Senate and House of Rejpresent^tives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. When any con\'ict, discharged from the state prison, or from any jail or house of correction, having no legal settlement in this commonwealth known to the warden, keeper or master thereof, shall be at the time of Ms discharge incom- petent, by reason of age, infirmity or disease, to support him- self by labor, such warden, keeper or master shall cause him to be removed to one of the state almshouses, provided for by the 275th chapter of the acts passed in the year 1852 ; the expense of wliich removal shall be certified to the auditor of the commonwealth, upon whose approval the same shall be paid out of the treasury. Sect. 2. If after such removal it shall appear to the in- spectors of the almshouse, to which such discharged convict 1853. Chap. 388—389. 609 is removed, that he has a lecfal settlement in this common- aBcertaincd, 1 , , . 1 . in 1 • 1 1 """^ discharged M'ealtli, the said inspectors shall cause him to be removed to convict suaii be the place of his legal settlement, the inhabitants of which place arexpenso of* shall be liable to refund to the commonwealth all the expenses ^"^"^ *°™- incurred in behalf of such discharged convict, from the time of his discharge from the state prison, jail, or house of correc- Expenpe.howto tion ; to be recovered by a suit, to be instituted by the attor- ney general, in the name of the commonwealth, in any court competent to try the same. Sect. 3. Any convict, who, at the legal expiration of the Provision for term of his imprisonment, is in a condition, from bodily infir- con^tcls/"^™ mity or disease, to render his removal as aforesaid impracti- cable, shall be provided for and receive such treatment, in the state prison, jail or house of correction, as the exigency of tlie case may require, until he is in a condition to be removed, according to the provisions of the first section of tliis act. [A])j)roved by the Governor, May 25, 1853.] An Act relative to Trust Funds of Parishes and Religious Societies. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folio IV s : Sect. 1. Incorporated and unincorporated religious socie- Religious ties and parishes shall have power to appoint trustees, not ex- appoint trustees ceeding five in number, to hold and manage trust funds for man°age*t^ust the benefit of such societies and parishes, which trustees shall ^^^^^' ^^''• hold theii* offices five years and until others are appointed in their stead, with power to fill any vacancies for an unexpii-ed term wliich may occur in their board ; and said jiarishes and religious societies may establish such rules and regulations for May estabush the government of said trustees, at the time or before the first ment oTtraltees. appointment thereof, as they shall deem proper, which rules and regulations shall be considered as of the nature of a con- tract, and not subject to alteration or amendment, except by ^ot gubject to all the trustees in office at the time, and by a two-thii'ds vote except, etc. of the parish or religious society interested therein. Sect. 2. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 25, 1853.] Chap. 389 610 1853. Chap. 390—392. Chap. 390 ^^ ^^^ ^^ addition to an Act relating to Insurance by Foreign Corpo- ^' rations. Be it enacted hy the Senate and House of Representatives , in General Court assembled, and hy the authority of the same, as follows : of'ch'^37K*r*'' ^° much of the forty-first section of the thirty-seventh repealed. chapter of the Revised Statutes as requires the statement therein mentioned to be deposited with the treasurer of this commonwealth on the first Monday of January in each year, during the continuance of any agency therein mentioned, is hereby repealed. [Approved hy the Governor, May 25, 1853.] CJlCip. 391 An Act concerning the Crystal Lake Water Works. Be it enacted hy the Senate and House of Representatives , in General Court assembled, and hy the authority of the same, as follows : to &ubscribe°for'^ Sect. 1. Any towu in the counties in which the aqueduct, shares not to water works, mains or pipes of the proprietors of the Crystal Lake Water Works are authorized to be laid, extended or es- tabhshed, for the extinguishment of fires or otherwise, is hereby empowered to subscribe for or purchase, with the con- sent of said corporation, such shares in the capital stock of said corporation, as may be deemed advisable, to an amount not ex- ProTided. ceediiig one hundred thousand dollars : provided, however, that tliis section shall not go into effect, so far as it concerns any of such towns by which this section shall not be accepted or approved. Sealed'"''''^* Sect. 2. So much of the act entitled " An Act to incorpo- rate the Crystal Lake Water Works," as may be inconsistent with the foregoing section, and so much thereof as relates to the thirty-eighth chapter of the Revised Statutes, are hereby repealed. Sect. 3. This act shall take effect from and after its pas- sage. [Approved hy the Governor, May 25, 1853.] Chap. 392 ^"^ ^^^ ^^ restrain the Issue or Circulation of Bank Bills. for any Frac- ■'■ tional Part of a Dollar. Be it enacted hy the Senate and House of Representatives, in General Court assembled, and hy the authority of the same, as follows : Banks in this Sect. 1. No bank uow incorporated, or which may hereafter from rec'ewuig'or ^6 incorporated in this commonwealth, shall issue, loan, or re- fractimiafparts ccivc any bank note or bill designed for cii-culation or use as cur- of a douar. rcucy, wliicli is or shall be for any fractional part of a dollar, or any 1853. Chap. 392—39^. 611 such bank note or bill, any pait of -viliicli is or shall be for a fractional part of a dollar ; and any bank which shall offend against the provisions of this act shall forfeit and pay to the Penalty $ioo. use of the comniomvealth the sum of one hundred dollars for each and eA'ery such offence, to be recovered by indictment or information before any court of competent jurisdiction. Sect. 2. No bank note or bill for any fractional part of a circulation of dollar, or any bank note or bill, any part of "which is or shall of any bank be for a fractional part pf a dollar, shall be received or put in P™'^''^"ed. circulation within this commonwealth as currency ; and any and every person who shall receive or put in circulation as currency, any such note or bill, shall forfeit and pay the sum of twenty-five dollars for each and every such reception, or Penalty $25, putting in circulation, to be recovered as aforesaid, one-half to the use of the complainant, and the other half to the use of the commonwealth. [Approved by the Governor, May 25, 1853.] An Act relating to the Filing of Affidavits of Notice of Sale of Real Chap. 393 Estate. ^ Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as foil ores : Sect. 1. That in any case where the affidavit of the notice J«(igea of probate f 1 f ^ IT CI /'I • i" certain cases 01 sale 01 real estate by license of tlie court oi probate, m any may order county in tlris commonwealth, shall not have been filed within notice^etc*!, to the time prescribed by law, the judge of probate in and for recorded%^nd said county upon the petition of the pai'ty authorized by said ggg'^t^as T™e*tc court to make such sale, upon satisfactory evidence being given that the notice ordered was given, may order such affidavit to be filed and recorded, and when so filed and recorded, it shall have the same effect as if it had been filed and recorded with- in the time prescribed by law. Sect. 2. This act shall take efiect from and after its pas- sage. [Approved by the Governor, May 25, 1853.] An Act to prevent the Adulteration of Drugs and Medicines. CJldp. 394 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. If any person shall fi-audulently adulterate, for Penalty for the purpose of sale, any drug or medicine, or shall sell any or "eiii'^ng"'^ fraudulently adulterated drug or medicine, knowing the same d^^ug^r^d** to be adulterated, he shall be punished by imjDnsonment in the me'iicines. county jail, not more than one year, or by fine not exceeding 612 1853.- -Chap. 394—396. Third section, 131 chap. K. S. repealed. Proyided. four hundred dollars ; and such adulterated drugs and medi- cines shall be forfeited and destroyed, under the direction of the court. Sect. 2. The third section of the one hundred and tliirty- first chapter of the Revised Statutes is hereby repealed : pro- vided this act shall not affect any case existing when this act shall take effect. [Approved by the Governor, May 25, 1853.] Chap. o95 An Act to incorporate the American Gas Light Company. Se it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. F. G. Macy, Leonard March, George Odiorne, their associates and successors, are hereby made a corporation, by the name of the American Gas Light Company, to be lo- cated in the town of Chelsea, county of Suffolk, for the pur- pose of manufacturing apparatus for generating gas, and selling the same and the right to use the same ; also for the sale of gas made by Drake's apparatus for generatmg gas, and the manufacture of hydrocarbon to be used in the generation of said gas : and other products obtained from coal and coal tar ; with all the powers and privileges, and subject to all the du- ties, restrictions and liabilities, set forth in the thuty-eighth and forty-fouith chapters of the Revised Statutes. Sect. 2. Said corporation may hold real and personal es- tate necessary and convenient for the purposes aforesaid, not exceeding in amount two hundred thousand dollars. Sect. 3. No shares in the capital stock of said company shall be issued for a less sum or amount than the par value of the shares which shall be first issued. Sect. 4. Nothing in this act shall authorize the said gas light company to dig up or lay pipes in any street in the town of Chelsea. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, may 25, 1853.] Corporators. Name. Purpose. Powers, duties, etc. Real and personal estate 8200,000. No shares issued under par. Not authorized to dig up or lay pipes in streets of Chelsea. CJlClT) 396 ^^ "^^^ ^^ addition to An Act to grant Jurisdiction to the United States, J- over certain Lands in Provincetown and Truro. Be it enacted by the Senate and House of Repres ntatives, in General Vourt assembled, and by the authority of the same, as folloivs : Jurisdiction to Segt. 1. Jurisdiction is hereby granted to the United certain lands m r ^ i • -n • t m ProTincetown statcs over such tracts 01 land m Provincetown. and Trui-o, as 1853. Chap. 396—398. 613 may be used for such works of improvement by the United ^ u^g""^" '^'^'^^^ States, as may be judged proper, for the preservation of Cape Cod I [arbor, either by the ph\nting of beach grass, or by such other mode as, after investigation, may be found expedient : provided, that the commonweakh shall retain, and it does Provided that •T, . ..,.. •iiTT'TCi common-wealth hereby retiun, conciirrent jurisdiction with the United btates, retain concurrent. i '111 r i.\ 1. • •^ 1 • • 1 jurisdiction, etc. ill and over said lands, so itu* that civil and crmiinai processes issued under the authority of this commonwealth, or any offi- cer thereof, may be executed on any pait of said lands, or in any builchng erected thereon, in the same way and in the same manner as if jurisdiction had not been granted as aforesaid. Sect. 2. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 25, 1853.] An Act relating to the Union of the Hampden Raihoad Company, the C/lCip. 397 Westfield and Northampton Railroad Corporation and the Northamp- ton and Shclburne Falls Railroad Company. Be it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The Hampden Railroad Company, and the West- Permission to field and Northampton Railroad Corporation, leading respec- stock of roadsT*^ tively from the state line, in Southwick, to Westfield, as now located, and from Westfield to Northampton, may unite and merge the stock of their said roads ; and they may also unite and merge the stock of one or more sections of the Northamp- ton and Shelburne Falls Railroad Company, in case the same shall be incorporated, whenever said corporations respectively shall be authorized, by a vote of a majority in number and value of the stockholders thereof, present and voting at a meet- ing duly called for that purpose, and said corporations, so imited, shall take the name of the Hampshii-e and Hampden Railroad Name. Corporation. Sect. 2. When a union of two or more of said corpora- Directors of tions shall have been formed in manner aforesaid, the presidents "jonf*^ ^orpora- of said corporations may call a meeting for the choice of di- rectors of said united corporation. [Approved by the Gover- nor, May 25, 1853.] • An Act to incorporate the Newton Mills. C/iap. 398 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as folloivs : Sect. 1. Otis Rettee, George Pettee and S. F. Plimpton, corporators. their associates and successors, are hereby made a corporation, 67 614 1853. -Chap. 398—400. Name. by the name of the Newton Mills, for the purposes of manu- Purpose. facturing cotton and woolen fabrics and machineiy and other articles necessary or convenient to be used therefor, and carrying on the business thereof, in the town of Newton, in the county of Middlesex ; and for this purj)ose shall have all the powers and privileges, and be subject to all the duties, restrictions and liabilities, set forth in the thii'ty-eighth and forty-fourth chapters of the Revised Statutes. Sect. 2. The sgiid corporation may hold, for the purposes afoi'esaid, real estate, in amount not exceeding two hundred thou- sand dollars, and their capital stock shall not exceed five hundred Capital $500,000. thousand dollars : provided, that no shares in the capital stock No shares issued of said Corporation shall be issued for a less sum or amount, than the par value of the shares which shall be first issued. Sect. 3. This act shall take efiect from and after its pas- sage. [Approved by the Governor, May 25, 1853.] Powers, duties, etc. Keal estate $200,000. Okap. 399 An Act concerning the Possession and Use of Billiards, Bowls and other -^ like Implements, for other Purposes than Gaming. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Possiession of The posscssion, by innholders or others, and the use by amusement ' any pcrsou, of cards, billiards, bowls, quoits, and other like deemed vmia^'rfui! implements for amusement merely, or for any other purpose than gaming for money or other property, shall not be deemed to be unlawful, any thing in the forty-seventh and fiftieth chapters of the Revised Statutes, to the contrary notwith- standing. [Approved by the Governor, May 25, 1853.] Chttp. 400 An Act to incorporate the New England Verd Antique Marble Company. J5e it enacted by the Senate and House of Representatives , in General Court assembled, and by the authority of the same, as follows : Sect. 1. Thomas W. Gilles, Aaron F. Hughes, Archelaus Wilson, their associates and successors, are hereby made a corporation, by the name of the New England Yerd Antique Marble Company, for the purpose of manufacturing, dressing, setting and quarrying marble. Said company to be located in the city of Boston, county of Suffolk, with all the powers and privileges, and subject to all the duties, restrictions and lia- bilities, set forth in the thirty-eighth and forty fourth chajDters of the Revised Statutes. Real and personal Sect. 2. The Said Corporation may hold real and personal estate $3(X),000. , J- . ^ i p • ^ estate, necessary and convenient tor the purposes atoresaid, not exceeding in amount tlu'ee hundi-ed thousand dollai's. Corporator? Name. Purpose Powers, duties, etc. 1853. Chap. 400—403. 615 Sect. 3. No shares in the capital stock of said corporation No shares issued A under par shall be issued for a less sum or amount than the par value of the shares "svliich shall first be issued. Sect. 4. This act shall take effect from and after its pas- sage. [^Approved by the Governor, May 25, 1853.] An Act concerning Bank Directors. Chccp. 401 Be it enacted by the Senate and House of Representatives, , in General Court assembled, and by the authority of the same, as follows : Sect. 1. A majority of the directors of every bank shall be directorate be residents, or have their places of business within the county ".'f''''y«n miies ■where the bank is established, or within ten miles of the bank. Sect. 2. All laws inconsistent herewith are hereby repealed. [Approved by the Governor, May 25, 1853.] An Act concerning the Adoption of Children. C/lCip. 402 Be it enacted by the Sc7iate and House of Representatives, in Gcticral Court assembled, and by the authority of the same, as foUoios : Sect. 1. Upon the petition of any person for leave to adopt ^f^i^eln'^^a^e of a child, under the j)rovisions of the three hundred and twenty- insanity ot fourth chapter of the general laws of the commonwealth, passed in the year one thousand eight hundred and fifty-one, if it shall be made to appear to the judge of probate that either of the parents of such child is insane, the judge shall proceed in the case in like manner and to the same effect as he would be au- thorized to do in case such insane person were dead : provided, ProTided. hoivever, that the judge of probate shall, if in his judgment it shall be expedient, appoint some discreet and suitable person to act in the proceedings as the next friend of such child, and give or withhold such consent. Sect. 2. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 25, 1853.] An Act authorizing the Hancock Free Bridge Corporation to make solid Chcip. 403 a Portion of the West Boston Bridge. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : The Hancock Free Bridge Corporation is hereby authorized Authorized to 1 ^ r^t i i Ti i ■ r xT- fill up and make and empowered to fill up and make solid that portion oi trie soUd a portion, West Boston Bridge, so called, lying between the westerly abutment of said bridge and that part of the line established 616 1853.- -Chap. 403—404. Provided. by an act of the legislature, entitled An Act concerning Lines in Boston Harbor, approved April twenty-sixth, in the year one thousand eight hunched and forty-seven, which passes under said bridge, about eight hundred and sixty-five feet east- erly of said abutment, provided that the surface of said bridge shall not exceed the width of fifty feet, and that the provisions of this act shall not interfere with the private rights of any jDerson or persons whatever. [AjJjjroved by the Governor, May 25, 1853.] Chap. 404 Additional capital. .5S25,000. Proviso. Remonstrance to l)e in ■writing. Additional capital subject to same restrictions as original stock. Certificate to be returned to secretary of state. An Act to increase the Capital Stock of the Millbury Bank. Be it enacted hy the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The president, directors and company of the Mill- bury Bank, in Millbury, are hereby authorized to increase their present capital stock by an addition thereto of twenty- five thousand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president and dhectors may determine : provided, that the whole amount shall be paid in before the first day of May, in the year one thousand eight hundred and fifty-four. Sect. 2. If any of the stockliolders of said bank remon- strate against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank on or before the first da:y of July next ; and if the persons so objecting, legally represent one fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. Sect. 3. The additional stock aforesaid, when paid into said bank, shall be subject to the like tax, regulations, restric- tions and provisions, to which the present capital stock of said bank is now subject. Sect. 4. Before the aforesaid corporation shall proceed to do business on said additional caj)ital, a certificate signed by the president and directors, and attested by the cashier under oath, that the same has actually been paid into said bank, shall be returned to the office of the secretary of the common- wealth. Sect. 5. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 25, 1853.] 1853. Chap. 405—407. 617 All Act defining the Liability of Innkeepers for Losses of their Guest?. CJldp. 405 Be it enacted by the Sejiate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Innkeepers shall not be liable for losses sustained j^ggp^^g^fg"/"^"' by tlicir guests, except of wearing apparel or personal baggage, '"^^"^^ sustained and money necessary for travelling expenses and personal use, unless upon delivery by such guests of their money, jewelry, or other property to the innkeeper, his agents or servants for safe custody : or upon notice to him, his agents, or servants, of their possession of such money, jewelry or property, and an offer to deHver the same for such safe custody. Sect. 2. In case of loss by fire or any overwhelming force, fire*^e'te.^^ innkeepers shall only be answerable to theii' guests for ordinary and reasonable care in the custody of their baggage or other property. Sect. 3. In all cases it shall be competent for an imikeeper liability -,.. n 1 ' t 1 ^ va. case of against whom a clami is made for loss sustained by a guest, to non-compiiance, . • ^ J o ^ glg^ Q^ part show that such loss is attributable to the negligence of the of guests. guest himself, or to his non-compliance with the regulations of the inn : provided, such regulations are reasonable and proper, and are shown to have been duly brought to the notice of the guest by the innkeeper. [Approved by the Governor, May 25, 1853.] An Act in Addition to an Act to increase the Capital Stock of the Lynn Chap. 406 Mechanics' Bank, -^ Be it enacted by the Senate and House of Representatives, iti General Court assembled, and by the authority of the same, as follows : The president, directors, and company of the Lynn Me- ^^^^elsoooo chanics' Bank in Lynn are hereby authorized to divide the additional sum of fifty thousand dollars, additional capital stock granted by of $20 each, the act passed April twenty-eighth, eighteen hundred and e^sUng shares. fifty -three, to increase the capital stock of said bank into sums of twenty dollars each, which sums shall be added to the several existing shares of said bank, any thing in the act to which this is in addition to the contrary notwithstandmg. [Approved by the Governor, May 25, 1853.] An Act concerning Probate Courts in the County of Essex. Chap. 407 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. The acts establishing probate courts at Salem, in f/^^^^^i^' 1 courts established in Essex. 67* 618 1853. Chap. 407—409. the county of Essex, on the third Tuesdays in February, INIay, , August, and November, and at Ipswich, in said county, on the first Tuesdays in February, March, May, June, August, Sep- tember, November and December, are hereby repealed. Sect. 2. There shall be a probate court held at Salem, in the county of Essex, on the first Tuesdays of each and every month in each year. Sect. 3. A probate court shall be holden in Ipswich in said county, on the third Tuesdays of the months of February, May, August, and November of each year. Sect. 4. A probate court shall be holden at Lawrence, in said county, on the second Tuesdays of the months of March wiien to take and September, in addition to the courts now there established. Sect. 5. This act shall take effect on the first day of Sep- tember next. [Ajjproved by the Governor, May 25, 1853.J Chew. 408 -^'^ ^^^ ^° increase the Capital Stock of the Merchants' Bank, in Boston. J?e it enacted hy the Senate and House of Representatives j in General Court assembled, and by the authority of the same, as follows : Additional The president, directors, and company of the Merchants Bank 82,000,000. in Boston, are hereby authorized to increase their capital stock, by an addition thereto not exceeding two millions of dollars : Provided. provided, that such increase shall be subject to the provisionsji duties, restrictions, liabilities and privileges, set forth in the act passed May twenty-fourth, eighteen hundi-ed and fifty-one, entitled " An Act to authorize the Business of Banking ; " and also of the act passed May eighteenth, eighteen hundred and fifty-two, entitled " An Act in addition to An Act entitled An Provided, also. ^^^ ^^ authorizc the Business of Banking ; " and provided also, that no part of the additional cai3ital aforesaid shall be exempted from taxation, until the whole circulation of said bank shall exceed the amount already allowed by law. {/Ap- proved by the Governor, May 25, 1853.] Chap. 409 An Act for the Sale of the Public Lands in Maine. jBe it enacted by the Senate and House of Representatives , in General Court assembled, and by the authority of the same, as foUoivs : Laud agent and Sect. 1. The land affcnt of tliis commonwealth, with the commissioners o. •iii(''i nuthorized to concurrcnco of the commissioners appointed by the act oi eigh- teen hundred and fifty, chapter 307, and the acts of eighteen hundred and fifty-one, chapter 190, is hereby authorized to sell, for such price and on such terms as they may deem for the interest of the commonwealth, all the timber and lands 1853. Cha>. 409. 619 no"\v remaining unsold in the state of Maine, and belonging to this common-wealth : provided, however, that in case of the Proviaed. sale of said timber and lands, or of any part thereof, on credit, the security to be received for the payment of the purchase money shall be made entirely satisfactory to said land agent and commissioners, -svlioUy independent of any lien upon said timber or lands. Sect. 2. Prior to the sale of the fee in any township or i'?;"'^ J<1 •»« ..'•'. offered to former tract of land to any other party excepting the state of Mame, puixbaseis it shall be the duty of the land agent to offer the same to such person or persons as have already become purchasers of the timber on such township or tract of land, at such prices and on such terms as the said land agent and the commissioners may deem reasonable, and such purchasers of the timber shall have a reasonable time, not exceeding three months, to determine ■whether they will become the purchasers of the fee in such township or tracts. Sect. 3. The land agent shall give public notice that all the Land agent to lands and timber noAV belonging to tliis commonwealth in the saie,etc!'^'^'^ state of ISIaine, ai'e for sale, in parcels not exceeding two town- ships to any one puixhaser or party ; and it shall not be lawful to sell more than two townships to any one purchaser or party until after the first day of February of the year one thousand eight hundred and fifty-four : provided, however, that this Provided, limitation shall not apply to sales to the state of Maine, nor to sales to such parties as may have already become purchasers of the timber, to whom the fee is to be offered under the pro- visions of the second section of this act. Sect. 4. Prior to making any sale of such lands, or of the First right to timber thereon, as may now be held in severalty by Massachu- offered to Maine. setts or jointly with the state of Maine, the land agent and commissioners aforesaid shall offer to the state of Maine, for such time and on such tenns as they shall deem reasonable, the fii"st right to become the purchaser thereof. Sect. 5. After the first day of February of the year one After February thousand eight hundred and fifty-four, it shall be lawful for agent may seu, the land agent and commissioners to sell all the timber and ®'*'' lands in the state of Elaine, belonging to this commonwealth, to any oi'c or more purchaser or jiurchasers. Sect. 6, So much of the third section of the act of 1851, Actof i85i , , ' repealed. chapter 190, as forbids the sale of the fee in the public lands, is hereby repealed. Sect. 7. This act shall take effect from and after its pas- sage. [Approved hy the Governor, Mtiy 25, 1853.] 620 ' 1853. Chap. 410—411. CJiap. 410 -^^ A^^ concerning the Partition of Real Estate. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : ^ ,.,. ^ Sect. 1. No partition of real estate heretofore made by any Partitions of ^ . . ,. . ini i i. ^■ t ^ real estate court of Competent jurisdiction, snail be rendered invalid by heretofore made f ^ i r ' t t . . r . not to be rcasoii 01 any lease or leases oi said real estate or oi any part rendered jnyaiid, ^j^g^.g^f . ^nd the oxistencc of such Icase shall not hereafter be a bar to the partition of real estate by the proper courts ; but partition shall be made notwithstanding the existence of any ease or leases. Provided, that no such partition shall preju- dice the rights of any lessee. Partitions in Sect. 2. All partitions of real estate hereafter to be made, certain cases to i ..... be valid. or heretofore made by any court of competent jurisdiction, in cases where one of the tenants in common is either alone or jointly with others, trustee, attorney or guardian of any other tenant, shall be as valid and effectual, as if such trustee, attor- ney or guardian had been a stranger. Sect. 3. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 25, 1853.] L/lCip. 411 An Act to incorporate the United States CJiemical Manufacturing Company. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Corporators. Sect. 1. John Ncwell, Timothy B. Caldwell, Gardner S. Coffin, their associates and successors, are hereby made a cor- Name. poratioii, by the name of the " United States Chemical Manu- Purpose. facturing Company," for the purjiose of manufacturing chemi- cal products in the tow^n of Waltham, in the county of Middle- Powers, duties, sex : with all the powers and privileges, and subject to all the * "■ duties, restrictions and liabilities, set forth in the tliii'ty -eighth and forty-fourth chapters of the Revised Statutes. Real and Sect. 2. Tlic Said Corporation may hold real and personal «ioo,ooo. ^ "' estate necessary and convenient for the purposes aforesaid, not exceeding in amount one hundred thousand dollars. No shares issued Sect. 3. No sharcs in the capital stock of said corporation under par. shall be issuod for a less sum or amount than the par value of the shares which shall first be issued. Sect. 4. This act shall take effect from and after its pas- sage. [Approved by the Governor, May 25, 1853.] 1853. Chap. 412—413. G21 An Act to punish the Offence of Obtauiing 3Ioney by Threats. CllClp. 412 JBe it enacted hy the Senate and House of Representatives, in General Court assembled, and hy the authority of the same, as follows : Sect. 1. The seventcentli section of the one hundred and Penalty for t^vcnty-fil'th chapter of the Revised Statutes is hereby amended ly ttoeats™^'^^^ so that any person convicted of either of the offences therein mentioned, shall he pvinished by imprisonment in the state prison for any term not exceeding fifteen years, or in the house of correction for any term not exceeding ten years, or by fine not exceeding five thousand dollars, or by such im- prisonment and fine. Sect. 2. This act shall take effect from and after its passage. [Approved by the Governor, May 25, 1853.] An Act to change the Jurisdiction of Cases within the County of Suf- (Jhri)j 413 folk, under the Acts for the Relief of Poor Debtors and for the Apjiro- ^ ' val of JJail. Be it enacted hy the Senate and 'House of Representatives , in General Court assembled, and hy the authority of the same, as follows : Sect. 1. The powers and jurisdiction now possessed by Jurisdiction of justices of the peace and of the quorum within and for the inVquorum '^'^ county of Suffolk, under the acts of this commonwealth for tranTferrecUo^* the relief of poor debtors committed on mesne process and ^.^^Jt^^ °^ ^°^*^® execution, and for the approval of sureties upon bail bonds, is hereby transferred to the justices of the police court, within and for the said county, any one of whom shall have and exercise the same powers and jurisdiction, and receive the same fees that are now possessed and receivable under the acts aforesaid, by any two of the said justices of the peace and quorum. Sect. 2. Tliis act shall not affect cases already commenced Not to affect under the said acts by the service of the citation upon the comLeuced.''^ creditor. Sect. 3. The provisions of the acts aforesaid, so far as inconsistent acts they are inconsistent herewith, shall not hereafter apply to the ^'^^^'^^^ • counts^ of Suffolk. [Apjjroved hy the Governor, May 25, 1853."] 622 1853. -Chap. 414—415. Corporations liable for loss of life in case of t^ross carelessness of servants or agents, etc. Not exceeding $5000 nor less than $500. Chap. 414 A" A*^t concerning the Liability of Railroad Corporations for Loss of Life in certain cases. jBe it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. If, by reason of the gross negligence, carelessness or unfitness of the servants or agents of any railroad corpora- tion in this commonwealth, while engaged in the business of such corporation, or by reason of the negligence or careless- ness of such corporation, the life of any person, not being a passenger or employee of such corporation, shall be lost, such person being in the exercise of due care and diligence, such corporation shall be liable to a fine not exceeding five thou- sand dollars, and not less than five hundred dollars, to be recovered by indictment, to the use of the executor or adminis- trator of such deceased person, for the benefit of his widow and children, one moiety thereof to belong to his widow, and one moiety to his children, but if there shall be no children, the whole to his widow, and if no widow nor child, the whole to his heir at law. Sect. 2. No railroad corporation shall be liable to the fine mentioned in the preceding section, for the loss of life by any person while walking or being upon any railroad contrary to law, or to the reasonable rules and regulations of such corpo- ration. Sect. 3. All indictments against any railroad corporation for loss of life, shall be prosecuted witliin one year from the injury causing the death. Sect. 4. Any person who shall without right, knowingly stand or walk on any railroad track, shall be liable to a penalty of not less than five dollars, nor more than fifty dollars, to be recovered to the use of the commonwealth on complaint before any justice of the peace or police court in the county where the offence is committed. [Approved by the Governor, May 25, 1853.] Not liable in certain cases. Indictments to be prosecuted within one year. Penalty for being unlawfully on railroad track. Cha]9. 415 Corpoi'atcrs. Name. Powers, duties, etc. An Act to incorporate the Mystic River Railroad. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Phineas J. Stone, James G. Fuller, David Ham- blin, James Dana, Frederick Tudor, and their associates, suc- cessors and assigns, are hereby made a corporation, by the name of the Mystic River Eailroad, with all the powers and privileges, and subject to all the duties, liabilities and restric- 1853. Chap. 415. 623 tions, set fortli in the forty-fo\u-tli chapter of the Revised Stat- utes, and that part of the thirty-ninth chapter thereof, relating to raih'oad corporations, and to all other general laws which, have been, or shall be hereafter passed, relating to railroad corporations. Sect. 2. The said corporation is hereby empowered to Location. locate, construct and maintain, a railroad with one or more tracks, commencing at some convenient point on the Boston and ISIaine Railroad in Somerville, northerly of that tract of land lately occupied for the Middlesex Canal, and southerly of the point where the Grand Junction Railroad unites with the Boston and Maine ; thence by a curve till it reaches the Mai- den road in Charlestown ; thence crossing said road to the land or flats of George W. Gerrish and others ; thence across the same and that tract of flats which the Mystic River Cor- poration is authorized to enclose and fill up to Chelsea Biidge ; thence across said bridge and over the flats south- easterly thereof, to the end of the structure authorized to be built by the said INIystic River corporation : provided, that all Provided. the grants herein contained are on the condition tliat the Mystic River Coi-poration, or the corporation hereby created, shall' make and maintain all the excavations required by the act in- corporating said Mystic River corporation, being chapter 105 of the acts of 1852 ; and this corporation shall be entitled to the same notice from the attorney general as is provided in the 9th section of said act. Sect. 3. The said Mystic River railroad, if it crosses over Shaii cross miii Tuft's Mill Pond, and the flats between said mill pond and on'piiM. the land or flats of the said Gerrish, shall cross the same on piles, and shall, if required by either of the owners thereof, construct, maintain, and properly tend one draw, at least Draw. thirty feet in width, at a convenient point, to be determined by a commissioner to be appointed by the governor and coun- commissioner to cil at the expense of said corporation, with suitable piers, and ^^ ''pp°™*'^'^- shall open such draw for the passage of vessels by day and night. And if the said draw shall fail to afford access to all the wharves between said railroad and Main street in said Charlesto^\^l, an additional draw shall be provided and main- Additional draw tained by said corporation ; the necessity therefor to be decided by said commissioner. ' Sect. 4. Said corporation, if it passes between Tuft's Mill J'o^exdS'feet Pond and Main street in said Charlestown, shall not take or i» ^"^^'i^- use a strip of land exceeding twenty-five feet in width, from any estate between the said Maiden road and the south-easterly line of Johnson's wharf. Sect. 5. The whole capital stock of said corporation shall ^^^^^-"^ 6?A 1853. -Chap. 415—416. Of SlOO each. No shares issued under par. Loeation filed in two years, completed in three years. When this act to take effect. Slay enter upon and use Boston and Maine railroad. Boston and Maine railroad may enter upon and use Mystic river railroad. consist of not more than two thousand shares ; an4 the num- ber of shares to be issued from time to time, shall be determined by the directors ; and no assessments shall be laid thereon of a greater amount, in the whole, than one hundred dollars on each share, and no stock shall be issued at less than its par value. Sect. 6. The location of said railroad shall be filed witliin two years, and the same shall be completed witliin three years from the passage of this act. Sect. 7. Tliis act shall not go into effect until all the capital stock named in the charter shall have been subscribed for by responsible parties, and twenty per cent, paid into the treasury of the company. Sect. 8. This corporation is hereby authorized to connect its tracks with those of the Boston and Maine raih'oad in Somer- ville, and enter upon and use that railroad according to law ; and the Boston and Maine railroad may, in like manner, enter upon and use the IMystic E-iver railroad. And in case the Eastern Railroad Corporation shall locate its line near the Boston and Maine, and rise more rapidly than that railroad, this cor- poration shall raise its track to conform to that of the Eastern railroad near the point of junction. [^Approved by the Gover- nor, May 25, 1853.] Chan 416 ^^ ^^^ ^^ autliorize the Sale of the Property of the New Haven and -i * Northanjpton Company, He it enacted by the Senate and House of Representatives, in General Court assembled, and by the -authority of the same, as follows : Sect. 1. In order to facilitate the construction of a railroad between the state line in Southwick, and Northampton, as a substitute for the Hampshire and Hampden Canal, the jSTew Haven and Northampton Company are authorized to make sale of their entire property, and the property of said canal, or any part or portion thereof, and a conveyance of the same from said company shall vest in any purchaser a sufficient title to said property, though a change of the use to other public pur- poses may follow such sale. Sect. 2. Such sale of the property of said company, or any part or portion of the works thereof, shall not work a forfeiture of any of the vested rights of said company to the water power which has been created by the construction of said canal, but the right to maintain the same, shall continue in said company and their assigns the same as heretofore, though said canal may be discontinued as a navigable liighway : New Haven and Northhampton company authorized to sell entire property in order to facilitate construction of a railroad. Tested rights to water power not forfeited hy a sale of property. 1853. -Chap. 416—417. 625 provided, however, that the waters of the Southwick ponds and Provided, etc. thcit tributaries as they existed before the construction of said canal, shall be restored to the AVestfield or Agawam Rivers, and any such sale shall be subject to this provision. Sect. 3. The lands wliich were taken by said canal cor- certain lands poration by appraisal and not by purchase, shall not be sold drspos^ed of. for other than railroad purposes, and such land which shall not be sold for said purposes, shall revert to the owners thereof, divested of the easement of said canal company. [Approved by the Governor, May 25, 1853.] An Act to apportion and assess a Tax of Three Hundred Thousand rtt^^ A-\*7 Dollars. tnop.^ii Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Each city, town, district, or other place, herein- state tax after named, within tliis commonwealth, shall be assessed Isw^"^ '"^ and pay the several sums with wliich they stand respectively chai-ged in the following schedule : SCHEDULE. SUFFOLK COUNTY. Boston, . Chelsea, North Chelsea, Ninety-eight thousand six hundred and ninety-one dollars, .... One thousand seven hundred and sixty- four dollars, Three hundred and eighty-seyen dollars, $98,691 00 1,764 00- 387 00 $100,842 00. EfeSEX COUNTY. Amesbury, . . Five hundred and seventy-three dollars, Andovcr, • . One thousand six hundred and eleven dollars, Beverly, . . One thousand one hundred and fifty-five dollars, Boxford, . . Two hundred and seventy-nine dollars, Bradford, Two hundred and four dollars, Danvcrs, , lOne thousand seven hundred and forty- I nine dollars, . . . . £ssex,c Three hundred and tiiirty-six dollars, $573 00 1,B11 00 1,155 00 279 00 204 00 1,749 00 336 00 626 1853.- -Chap. 417. Georgetown, . Three hundred and ninety-three dollars, $393 00 Gloucester, Groveland, One thousand three hundred and twenty- six dollars, Two hundred and twenty-five dollars, . 1,326 00 225 00 Hamilton, Two hundred and thirty-one dollars. 231 00 Haverhill, Ipswich, . One thousand two hundred and fifteen dollars, Five hundred and seventy-three dollars, . 1,215 00 573 00 Lawrence, Lynn, Lynnfield, Two thousand nine hundred and seventy- three dollars, Two thousand three hundred and nine- teen dollars, ... . . One hundred and eighty-six dollars. 2,973 00 2,319 00 186 00 Manchester, . Two hundred and eighty-two dollars. 282 00 Marblehead, . Methuen, One thousand one hundred and four dol- lars, Five hundred and sixty-one dollars. 1,104 00 561 00 Middleton, One hundred and sixty-five dollars, 165 00 Newbury, Three hundred and forty-five dollars. 345 00 Newburyport, . Eockport, Two thousand seven hundred and eighty- seven dollars, ..... Four hundred and fourteen dollars. 2,787 00 414 00 Eowley, Two hundred and forty-three dollars. 243 00 Salem, . Salisbury, Six thousand six hundred and sixty-six dollars, Five hundred and fifty-five dollars, 6,666 00 555 00 Saugus, . Two hundred and seventy-three dollars. 273 00 Topsfield, Two hundred and fifty-two dollars, 252 00 Wenhara, Two hundred and seven dollars, 207 00 West Newbury, Three hundred and eighteen dollars. 318 00 $29,520 00 MIDDLESEX COUNTY. Acton, . Ashby, . Ashland, Bedford, . Billerica, Boxborough, Brighton, Tnree hundred dollars, . Three hundi-ed and six dollars. Two hundred and thirty-four dollars, One hundred and ninety-two dollars, Four hundred and forty-one dollars, One hundred and twenty-three dollars. Eight hundicd and sixteen dollars. $300 00 306 00 234 00 192 00 441 00 123 CO 816 00 1853. -Chap. 417. 627 Burlington, . Cambridge, Carlisle, Charlcstown, . Chelmsford, . Concord, Dracut, . Dunstable, Framingham, . Groton, . HoUiston, Hopkinton, . Lexington, Lincoln. Littleton, Lowell, ^ . Maiden, . Marlborough, . Medford, Melrose, Natick, . Newton, . Pepperell, Reading, Sherbom, Shirley, . Somerville, South Reading, Stoncham, Stow, Sndburv, Tewksbury, . Townsend, One hundred and fifty dollars, Five thousand one hundred and ninety dollars, One hundred and seventy-one dollars Four thousand three hundred and ninety two dolhirs, .... Five hundred and four dollars, Six hundred and forty-two dollars, . Three hundred and seventy-five dollars, One hundred and eighty-three dollars, Nine hundred and eighty-four dollars, Seven hundred and twenty dollars, ^our hundred and sixty-two dollars, Five hundred and thirteen dollars, . Five hundred and ninety-four dollars, Two hundred and forty dollars. Two hundred and forty-six dollars, Eight thousand six hundred and four dollars, Nine hundred dollars, Six hundred and forty-two dollars, One thousand two hundred and fifteen dollars, Two hundred and seventy dollars, . Five hundred and thirty-one dollars, One thousand five hundred and eighty seven dollars Three hundred and ninety-nine dollars, Six hundred and six dollars, . Two hundred and seventy dollars, Two hundred and ninety-seven dollars. One thousand and thirty-two dollars, Four hundred and twenty-six dollars. Three hundred and six dollars, Three hundred and twenty-seven dollars, Four hundred and sixty-eight dollars, Three hundred and eighteen dollars, Four hundred and fifty dollars. $150 00 5,190 00 171 00 4,392 00 504 00 642 00 375 00 183 00 984 00 720 00 462 00 513 00 594 00 240 00 246 00 8,604 00 900 00 642 00 1,215 00 270 00 531 00 1,587 00 399 00 606 00 270 00 297 00 1,032 00 426 00 300 00 327 00 408 00 318 00 450 00 628 1853. -Chap. 417. Tyngsborough, Two hundred and forty-six dollars, $24G 00 Waltham, Watertown, . Wayland, One thousand three hundred and ninety- two dollars, One thousand one hundred and forty-six dollars, Two hundred and fifty-eight dollars. 1,392 00 1,146 00 258 00 West Cambridge, . Eight hundred and twenty-five dollars, . 825 00 Westford, Four hundred and fourteen dollars, 414 00 Weston, . Three hundred and sixty dollars 360 00 Wilmington, . Two hundred and thirteen dollars, . 213 00 Winchester, . Three hundred and forty-two dollars. 342 00 Wobam, One thousand and five dollars, • 1,005 00 $42,627 00 WORCESTER COUNTY. Ashburnham, . Three hundred and seventy-five dollars, . $375 00 Athol, . Three hundred and sixty-six dollars. 366 00 Auburn, . Two hundred and sixteen dollars, . 216 00 * Barre, . Seven hundred and forty-one dollars. 74100 Berlin, . One hundred and fifty-three dollars. 153 00 Blackstone, . Nine hundred and thirty-six dollars, 936 00 Bolton, . Two hundred and seventy-nine dollars, . 279 00 Boylston, Two hundred and thirty-four dollars, 234 00 Brookfield, Three hundred and forty-eight dollars, . 348 00 Charlton, Four hundred and ninety-eight dollars, . 493 00 Clinton, . Four hundred and ninety-two dollars, . 492 00 Dana, One hundred and twenty-si& dollars, 126 00 Douglas, Three hundred and seventy-eight dollars. 378 00 Dudley, . Three hundred and forty-two dollars, . 342 00 Pitchburg, One thousand and ninety-five dollars, . 1,095 00 Gardner, Three hundred and nine dollars, . 309 00 Grafton, . Seven hundred and forty-seven dollars, . 747 00 Hardwick, Four hundred and twenty-six dollars, ^. 426 00 Harvard, Three hundred and ninety-six dollars, . 396 00 Holden, . Four hundred and seventeen dollars, 417 00 1853. -Ctiap. 417, 629 Hubbardston, Lancaster, Leicester, Leominster, Lunenberg, Mcndon, Milford, . Millbury, New Braintree, North Brookfield, North borough, Northbridge, Oakliam, Oxford, . Paxton, • Petersham, Phillipston, Princeton, Royalston, Rutland, Shrewsbury, Southborough, Southbridge, Spencer, . Sterling, . Sturbridge, Sutton, . Templeton, Upton, . Uxbridge, Warren, . Webster, West Bovlston, Three hundred and fifty-four dollars. Three hundred and fifty-four dollars. Six hundred and twenty-seven dollars, Six hundred and seventy-eight dollars, Three hundred and thirty dollars, . Three hundred and fifty-one dollars. Seven hundred and twenty-nine dollars Five hundred and forty-nine dollars, Two hundred and seventy-three dollars Three hundred and sixty-nine dollars, Three hundred and thirty-six dollars. Three hundred and sixty-six dollars, Two hundred and twenty -five dollars. Five hundred and nineteen dollars. One hundred and sixty-five dollars. Four hundred and eleven dollars, , One hundred and ninety-eight dollars. Three hundred and twenty-four dollars. Three hundred and ninety-six dollars. Two hundred and seventy-six dollars, Four hundred and twenty dollars. Three hundred and twenty-one dollars. Six hundred dollars. Four hundred and fifty-six dollars, Four hundred and twenty dollars, . Four hundred and fifty dollars. Five hundred and twenty-eight dollars. Four hundred and seventy-four dollars. Three hundred and forty-five dollars. Five hundred and ninety-four dollars, Three hundred and sixty-six dollars, Four hundred and thirty-eight dollars, Two hundred and ninety-seven dollars, $354 00 354 GO 627 00 678 00 330 00 351 00 729 00 549 00 273 00 369 00 336 00 366 00 225 00 519 00 165 00 411 00 198 00 324 00 396 00 276 00 420 00 321 00 600 00 456 00 420 00 450 00 528 00 474 00 345 00 594 00 366 00 438 00 297 00 630 1853.- -Chap. 417. West Brookfield, Westborongh, Westminster, . Winchendon, . Worcester, Two hundred and eighty-five dollars, Four hundred and twenty dollars, . Four hundred and two dollars, Five hundred and seven dollars. Five thousand six hundred and four dol lars, HAMPSHIKE COUNTY. Amherst, Six hundred and twenty-one dollars. $621 00 Belchertown, . Four hundred and sixty-five dollars, 465 00 Chesterfield, . Two hundred and seven dollars, . 207 00 Cummington, . Two hundred and ten dollars, 210 00 Easthampton, . Two hundred and twenty-eight dollars, . 228 00 Enfield, . Two hundred and thirty-seven dollars, . 237 00 Goshen, . Ninety-nine dollars, .... 99 00 Granby, . Two hundred and thirteen dollars. 213 00 Greenwich, One hundred and thirty- two dollars. 132 00 Hadley, . Four hundred and seventy-four dollars, . 474 00 Hatfield, . Three hundred and fifty-seven dollars, . 357 00 Middlefield, . One hundred and sixty-two dollars, 162 00 Northampton, Norwich, One thousand three hundred and four- teen dollars, One hundred and thirty-five dollars, 1,314 00 . 135 00 Pelham, . One hundred and twenty-nine dollars, . 129 00 Plainfield, One hundred and fifty-six dollars, . 156 00 Prescott, One hundred and thirty-five dollars. 135 00 South Hadley, Three hundred and seventy-eight dollars, 378 00 Southampton, Two hundred and thirteen dollars, 213 00 Ware, . Six hundred and twenty -four dollars. 624 00 Westhampton, One hundred and twenty-three dollars, . 123 00 Williamsburg, Three hundred and forty-eight dollars, . 348 00 Worthington, . Two hundred and thirty-seven dollars, . 237 00 S7,197 00 1853.- -CiiAP. 417. 631 HAMPDEN COUNTY. Blanilford, Two hundred and eighty-eight dollars, . $288 00 Brimfiehl, Three hundred and fifty-four dollars. 354 00 Chester, . Two hundred and forty-six dollars, 24G 00 Chicopcc, Granville, One thousand eight hundred and three dollars, ...... Two hundred and nineteen dollars. 1,803 00 219 00 Holland, Seventy-eight dollars, .... 78 00 Holyoke, Nine hundred and sixty-six dollars, 966 00 Longmeadow, Four hundred and twenty-three dollars, 423 00 Lndlow, . Two hundred and'forty-six dollars, 246 00 IMonson, . Four hundred and ninety-five dollars, . 495 00 Montgomery, . Eighty-seven dollars, .... 87 00 Palmer, . Six hundred and sixty-six dollars, . 666 00 Knssell, . Ninety-six dollars, 96 00 Southwick, Two hundred and seventy-nine dollars, . 279 00 Springfield, . Tolland, . Three thousand three hundred and twen- ty-seven dollars, One hundred and eleven dollars. 3,327 00 111 00 Wales, . One hundred and twenty dollars, . 120 00 West Springfield, . Eight hundred and forty dollars, 840 00 Wcstfield, Eight hundred and forty-nine dollars, . 849 00 Wilbraham, . Four hundred and eighty dollars, . 480 00 $11,973 00 ERANKLrN COUNTY. Ashfield,. Bemardston, Buckland, Charlemont, Colerainc, • Conway, Deerficld, • 1 Two hundred and eighty-eight dollars. Two hundred and one dollars. One hundred and forty-one dollars, Two hundred and four dollars, Three hundred and forty-eight dollars, Three hundred and sixty-nine dollars. Five hundred and forty dollars. $238 00 201 00 141 00 204 00 348 00 309 00 540 00 1853.- -Chap. 417' Erving, Gill, Greenfield, Hawley, Heath, Leverett, Leyden, Monroe, Montague, New Salem, Northfield, Orange, . Eowe, Shelburne, Shutesbury, Sunderland, Warwick, Wendell, Whately, Ninety dollars, .... One hundred and fifty-three dollars, Five hundred and seventy dollars, . One hundred and fifty-three dollars, One hundred and forty-four dollars, One hundred and fifty-three dollars. One hundred and eleven dollars. Thirty-six dollars, .... Two hundred and fifty-two dollars, Two hundred and twenty-eight dollars, Three hundred and ninety dollars, . Three hundred and sixty-nine dollars, One hundred and twenty dollars, . Two hundred and fifty-two dollars, One hundred and forty-one dollars. One hundred and seventy-one dollars, Two hundred and forty dollars. Two hundred and ten dollars, Two hundred and forty dollars, $90 00 153 00 570 00 153 00 144 00 153 OO 111 00 36 00 252 00 228 00 390 00 369 00 120 00 252 00 141 00 171 00 240 00 210 00 240 00 ;,117 00 BERKSHIRE COUNTY. Adams, . Alford, . Becket, . Boston Comer, Cheshire, Clarksburg, . Dalton, . Egremont, Great Barrington, . Hancock, Nine hundred and sixty-nine dollars, One hundred and seventeen dollars. One hundred and eighty-nine dollars. Nine dollars Two hundred and eighty-two dollars, Eifty-four dollars, .... Two hundred and thirty-seven dollars, Two hundred and forty-three dollars. Eighty-four dollars, ... Six hundred and ninety dollars, One hundred and eighty-six dollars, $969 00 117 00 189 00 9 00 282 00 54 00 237 00 243 00 84 00 G90 00 186 00 Hinsdale, Lanesborough, Lee, Lenox, . Monterey, Mt. Washington, . New Ashford, . New Marlborough, . Otis, Peru, Pittsfield, Eichmond, Sandisfield, Savoy Sheffield, Stockbridge, . Tyringham, . "Washington, . West Stockbridge, . Williamstown, Windsor, 1853. CiiAr. 417. > Two hundred and twenty-two dollars, . $222 00 Two hundred and seventy-three dollars . 273 00 Five hundred and forty-six dollars. 546 00 Two hundred and eighty-five dollars. 285 00 One hundred and twenty-six dollars, 126 00 Fifty-four dollars 54 00 Fifty-one dollars, 51 00 Two hundred and ninety-one dollars, 291 00 One hundred and eighty-nine dollars, . 189 00 One hundred and eight dollars. 108 00 One thousand three hundred and ninety- two dollars, One hundred and ninety-eight dollars, . 1,392 00 198 00 Two hundred and sixty-seven dollars, . 267 00 One hundred and fourteen dollars, . 114 00 Five hundred and eighty-five dollars, 585 00 Three hundred and eighty-seven dollars, 387 00 One hundred and thirty-five dollars, 135 00 One hundred and thirty-five dollars. 135 00 Three hundred and nine dollars. 309 00 Five hundred and sixteen dollars, . 516 00 One hundred and sixty -eight dollars. 168 00 $9,411 00 NOKFOLK COUNTY. Bellingham, Braintree, Brookline, Canton, . Cohasset, Dedham, Dorchester, Dover, . Foxborough, Two hundred and seventy-six dollars, Five hundred and seventy-three dollars. Two thousand four hundred and ninety three dollars, .... Six hundred and ninety-nine dollars, Three hundred and ninety-three dollars. One thousand five hundred and three dol lars, Three thousand two hundred and eighty five dollars, One hundred and fifty-nine dollars. Three hundred and fifty-four dollars. $276 00 573 00 2,493 00 699 00 393 00 1,503 00 3,285 00 159 00 354 00 1853 -Chap. 417, Franklin, Three hundred and forty-eight dollars, . $348 00 Medfield, Two hundred and forty dollars, 240 00 Med way, Four hundred and ninety-five dollars. 495 00 Milton, . Eight hundred and forty-nine dollars. 849 00 Needham, Four hundred and thirty-five dollars, 435 00 Quincy, . Randolph, One thousand one hundred and twenty- two dollars, Nine hundred and thirty-six dollars, 1,122 00 930 00 Eoxbury, Sharon, . Six thousand six hundred and twelve dollars, Two hundred and ninety-one dollars. CGI 2 00 291 00 Stoughton, Six hundred and twenty-four dollars. 624 00 Walpole, Four hundred and twenty-three dollars, . 423 00 Weymouth, . Nine hundred and thirty-nine dollars, 939 00 Wrentham, . Six hundred dollars, .... 600 00 $23,649 00 BRISTOL COUNTY. Attleborough, Six hundred and twelve dollars, $612 00 Berkley, . One hundred and fifty dollars. 150 00 Dartmouth, . Dighton, One thousand one hundred and fifty-five dollars, Two hundred and eighty-eight dollars, . 1,155 00 288 00 Easton, . Four hundred and two dollars. 402 00 Fairhaven, Fall River, . Freetown, One thousand five hundred and eighty- four dollars, Three thousand one hundred and seven- teen dollars, Three hundred and three dollars, . 1,584 00 3,117 00 303 00 Mansfield, Two hundred and thirty-four dollars. 234 00 New Bedford, Norton, . Six thousand nine hundred and forty-five dollars, Three hundred and eighty-four dollars, . 6,945 00 384 00 Pawtucket, Five hundred and thirty-seven dollars, . 537 00 Eaynham, Two hundred and seventy-six dollars, . 276 00 Kehoboth, Three hundred and eighty- one dollars, . 381 00 Seekonk, Three hundred and eighty-one dollars, . 381 00 Somerset, Two hundred and forty-six dollars, 246 00 Swanzey, Two hundred and eighty-five dollars. . 285 00 1853.- -Chai'. 417. 635 Taunton, Wcstport, Two thousand and thirteen dollars, Seven hundred and fifty dollars, . $2,013 00 750 00 $20,043 00 PLYMOUTH COUNTY. Abington, Bridgcwater, Carver, . Duxbury, E. Bridgewater, Halifax, . Hanover, Hanson, . Hingbam, Hull, Kingston, Marshfield, Middlcborough, N. Bridgewater, Pembroke, Plymouth, Plympton, Eochcster, Scituate, . S. Scituate Warcham, \V. Bridgewater, Eight hundred and sixty-seven dollars. Six hundred and forty-five dollars. One hundred and Kinety-fivc dollars, Five hundred and seventy-nine dollars, Four hundred and fifty-six dollars, . One hundred and forty-four dollars, Three hundred dollars, . Two hundred and ten dollars, . Eight hundred and sixty-one dollars, Sixty dollars, . . Four hundred and forty-one dollars, Three hundred and fifty-one dollars, Nine hundred and three dollars. Six hundred aud twenty-one dollars, Two hundred and forty-six dollars, One thousand three hundred and eleven dollars, One hundred and eighty-three dollars, Six hundred and sixty-three dollars, Three hundred and seventy-five dollars. Three hundred and ninety-six dollars, Five hundred and twenty-five dollars, Two hundred and seventy-nine dollars, $867 00 645 00 195 00 579 00 456 00 144 00 300 00 210 00 861 00 60 00 441 00 351 00 903 00 621 00 246 00 1,311 00 183 00 663 00 375 00 396 00 525 00 279 00 $10,611 00 BARNSTABLE COUNTY. Barnstable, Eight hundred and forty-six dollars, $846 00 Brewster, One hundred and ninety-eight dollars, . ] US 00 Cliatlmm, Two hundred and ninety-seven dollars, . 297 on 636 1853. -Chap. 417. Dennis, . Four hundred and sixty-two dollars, $462 00 Eastham, One hundred and fourteen dollars, . 114 00 Falmo||h, Five hundred and thirteen dollars; . 513 00 Harwich, Three hundred and thirty-nine dollars, . 339 00 Orleans, . Two hundred and four dollars. 204 00 Provincetown, Five hundred and fifty-eight dollars, 558 00 Sandwich, Seven hundred and thirty-eight dollars, . 738 00 Truro, . Two hundred and thirty-seven dollars, . 237 00 Wellfleet, Two hundred and thirteen dollars, . 213 00 Yarmouth, Four hundred and fourteen dollars. 414 00 $5,133 00 DUKES COUNTY. Chilmark, Two hundred and thirty-seven dollars, . $237 00 Edgartown, . Three hundred and sixty-nine dollars, . 369 00 Tisbury, Three hundred and fifteen dollars, . 315 00 $921 00 NANTUCKET COUNTY. Nantucket, Two thousand three hundred and twenty - five dollars, $2,325 00 185J -CHAr. 417. 637 RECAPITULATION. Suffolk Count}', . Essex County, Middlesex County, . Worcester County, Hampshire County, Hampden County, . Franklin County, . Berkshire County, . Norfolk County, Bristol County, . . Plymouth County, . Barnstable County, Dukes County, Nantucket County, . One hundred thousand eight hundred and forty- two dollars, . . . . . Twenty-nine thousand five hundred and twenty dollars, Forty-two thousand six hundred and twenty-seven dollars, . . . . Twenty-nine thousand six hundred and thirty-one dollars, ... Seven thousand one hundred and ninety- seven dollars, Eleven thousand nine hundred and seven- ty-three dollars, Six thousand one hundred and seventeen dollars, Nine thousand four hundred and eleven dollars, Twenty-three thousand six hundred and forty-nine dollars, .... Twenty thousand and forty-three dollars. Ten thousand six hundred and eleven dollars, Five thousand one hundred and thirty- three dollars, Nine hundred and tAventy-one dollars, . Two thousand three hundred and twen- ty-five dollars $100,842 00 29,520 00 42,627 00 29,631 00 7,197 00 11,973 00 .. 6,117 00 9,411 00 23,649 00 20,043 00 10,611 00 5,133 00 921 GO 2,325 00 $300,000 00 Sect. 2. The treasurer of this commonwealth shall forth- with send his warrant, ■s\'ith a copy of this act, directed to the selectmen or assessors of each city, town, district, or other place, taxed as aforesaid, requii'ing them, respectively, to assess, in dollars and cents, the sum so charged, according to the pro- visions of the seventh chapter of the Revised Statutes, and to add the amount of such tax to the amount of town and county taxes to be by them assessed in each city, town and district respectively. Sect. 3. The treasurer, in his said warrant, shall require the said selectmen or assessors respectively, to pay, or to issue then* several warrant or warrants requiring the treasurers of their several cities, towns or districts, to pay to the said treasu- rer of the commonAvealth, on or before the fifteenth day of December, one thousand eight hundred and fifty-three, the sums against said cities, towns and districts, respectively, in this act contained ; and the selectmen or assessors, respectively, shall return a certificate of the names of such treasurers, Avith the sum which each may be required to coUect, to the said Treasurer shall issue his warrant to selectmen, etc. Treasurer in his warrant shall require payment on or before Dec. 15, 1853. Selectmen to return names of treasurcrH before Oct. 1, 185.3. 638 1853. Chap. 417—420. treasurer of the commoliwealth some time before the first day of October next. Sect. 4. Tliis act shall take effect from and after its pas- sage. [Approved by the Governor, May 25, 1853.] . ^ „ An Act to prevent Carelessness and Neglect of Coinmon Carriers of Chaj). 418 Persons. Be if enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Penalty for gross , . ^ ^ ^ n carelessness of l± anv porson lia\"inff management or control oi or over any common carriers „ . • , i ^ H it t r of persons, not railway train, steamboat, or other public conveyance used lor or imprisonment the commou Carriage of persons, shall be guilty of gross care- ttreeyMirs. Icssucss or ueglcct in, or in relation to the conduct, manage- ment, or control of any such train, steamboat, or other public conveyance, while being so used for the common carriage of persons, he shall be punished by fine, not exceeding five thou- sand dollars, or imprisoned in the county jail not more than three years. [Aj)proved by the Governor, May 25, 1853.] Chap. 419 An Act in further addition to "An Act providing for the Appointment of Public Administrators." Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Public Nothing contained in the act entitled " An Act providing not to administer for the Appointment of Public Admuiistrators " or the acts in lawful heirsmake addition thereto, shall be construed to authorize any public OTiUng^toludge administrator to administer upon the estate of a person deceased, of probate, etc, intestate, jprovidcd, one or more of the lawful heirs of the in- testate shall make application in writing to the judge of probate, and shall claim the right to administer, or request that some other suitable person be appointed to administer, and the requisite bond be given. [Approved by the Governor, May 25, 1853.] Chcit) 420 ■'^ ^'^^ ^^ incorporate the Maverick Wharf Companj'. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : corporators. Sect. 1. William Bramhall, Henry D. Gardner, Daniel D. Kelley, their associates and successors, are hereby made a corporation, by the name of the Maverick Wharf Company at Powers, duties, j^j^gt Bostou : with all the powers and privileges, and subject to all the duties, liabilities, and restrictions, set forth in the forty-fourth chapter of the Revised Statutes. 1853. Chap. 420—421. 639 Sect. 2. Said company may piu'chase and hold, in such ^nT how'^'ir^ shares as may be convenient, all that tract of land, wharf and shares, tract of land wliarf flats, with the buildings thereon, at East Boston, bounded and flats, etc. north-easterly by Sumner street, three hundred and twenty- one feet, more or less ; south-easterly by land and flats now or late of William G. Holmes, Daniel D. Kelley, and Joseph F. Barber ; south-westerly by low water mark, or as far south- westerly as the law allows, tliree hundred and twenty-one feet, more or less ; north-westerly by land and flats now or late of Ebenezer Weeks Jr. ; or however otherwise bounded, described or measuring ; being the same premises described in a deed of James Cunningham to William Bramhall, Henry D. Gardner and Daniel D. Kelley, dated January 1, A. D., 1853, recorded with Suftblk deeds : provided, that no shares ProTided, etc shall be issued for a less sum or amount, to be paid in on each, than the par value of the shares first issued, and no pro- perty except that herein specified, with personal estate neces- saiy or convenient for the use and improvement thereof, the whole not to exceed two hundred thousand dollars, shall be not to exceed held under tliis act. ^' Sect. 3. The said company shall not, in virtue of this act, ^o' *» infringe ^ •' ' , ^ the legal rights of build any whari or other structure on said premises not now any person. authorized by law, nor extend or maintain any structure now made contrary to law, nor infringe the legal rights of any person, nor acquire any title to the land or flats of the com- mon^^'ealth. And if the said company shall not, within six ^his act shaii be -"^ •' ^ void if said months irom the passage oi this act, remove or cause to be re- company shaii moved, so much of the solid structure of earth and masonry, ' existing upon or in front of the premises described in this act, as extends below mean low water mark, as the same is estab- lished by the survey or report of the commissioners, appointed under a resolve passed on the fifth day of March, in the year eighteen hundred and thirty -five ; and also remove or cause to be removed so much of the structure of wood now existing in front of said premises, or in Boston harbor, as is beyond the harbor-line established by law, this act shall be void. [Ap- proved by the Governor, May 25, 1853.] An Act to set off a Part of the Towns of Chester and Blandford, and Ohctp. 4l2i1. annex the same to Norwich. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. So much of the towns of Chester and Blandford, Chester ana in the county of Hampden, with the inhabitants thereon, as ailnexed'to Norwich. 640 1853. Chap. 421. lies mthin the following described line, is hereby set off from said towns of Chester and Blandford, and annexed to the town of Norwich, in the county of Hampshire, and made a part of Boundaries. said coiinty of Hampshire, to wit : Beginning at the south- west corner of Norwich, at a stone monument in the river at Chester Village, and running thence north, six degrees four minutes east, in the line between Chester and Norwich, six hundred and ninety rods, to a point forty-four rods north of the grist-mill in Norwich, known as the red mill ; thence south, fifty degrees forty-five minutes west, seven hundi-ed and eighty rods, to a point in the Kne between Chester and Blandford ; thence south, forty-three degrees forty minutes east, eight hundi'ed and thu'ty-five rods and thirteen links, to the aiigle in the line between Blandford and Russell, de- signated by a tree, known as " Love and Unity tree ; " thence north, twenty-eight degrees forty -one minutes east, in the line between Blandford and Russell, and Blandford and Mont- gomery, three hundred and seventy-five rods, to the corner knoAvn as rock-house corner ; thence north, seventy degrees west, in the line between Blandford and Norwich, two hun- di'cd and forty rods, to the first mentioned bound : provided, to^sf etc*'^** '^^^ however, that all taxes heretofore assessed, or that may be as- sessed, within thirty days from the passage of this act, shall be paid in the same manner as heretofore, and the towns of Chester and Blandford, respectively, shall be holden to make the same appropriations on the territory thus set ofi", for roads, bridges and schools the current year, as though this act had Territory set off uot passcd ; and provided also, that the territory thus set ofi" of ches'teT and^"^' sliall remain a part of Chester and Blandford respectively, for forTh^f purpose ^^^^ purpose of electing governor, lieutenant-governor, and re- ef electing presentatives to the general court, until the next decennial governor, etc. ^ . . . census shall be taken in pursuance of the thirteenth article of amendment to the constitution, and for the purpose of electing senators, so long as the present senatorial districts shall by the constitution be required to be permanent ; and it shall be the Selectmen of duty of the Selectmen of Norwich to make true lists of the furnish a correct pcrsous residing ou the territory hereby set to the town of list of voters, etc. ;^TQJ.^y•g]^^ qualified to vote in such elections, and deliver the same to the selectmen of Chester and Blandford respectively, seven days at least before any such elections, and the said lists shall be taken, revised and used in the same manner as if pre- pared by the selectmen of Chester and Blandford. Norwich to pay Sect. 2. The towu of Norwich shall, for the territory thus annually to sct off, pay annually, on or before the first day of November, (liii^sterand Commencing with the year one thousand eight hundred and fifty-four, to the treasurers of the towns of Chester and Bland- Blaudford. 1853. Chap. 4f21— 42;?. 641 ford, the following sums, to wit : to the town of Chester a sum equal to thirteen per cent, and to the town of Blandford a sum equal to two and three-foiuths per cent., of all state and coun- ty taxes, which said towns of Chester and Blandford shall be holden to pay, until the taking and apportionment of the next state valuation. Sect. 3. All persons, whose settlement was gained by or ^J^^^j^^^j^^ ^. derived from a residence on the territory thus set off, shall be con- persons set oir. sidered as holding a lawful settlement in the toAvn of Norwich. Sect. 4. Tliis act shall take effect from and after its pas- sago. [Approved by the Governor, May 25, 1853.] An Act to incorporate the People's Ferry Company. O/ldt? 422 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows : Sect. 1. Donald McKay, Paul Curtis, Henry Jones, corporators. Hemy Brevoort, Daniel Crowley, Henry D. Gardner, E. H. Barker, Ebenezer Atkins, Cyrus Washburn, their asso- ciates and successors, are hereby made a corporation, for the term of twenty years, by the name of the People's Ferry Com- Twenty years, pany, for the purpose of establishing and supporting a ferry Purpose, between the main land in the city of Boston and the island of East Boston, with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth in the forty-fourth chapter of the Revised Statutes. Sect. 2. Said company shall be bound to furnish all such fu^fsiTsiich accommodation for the transportation of persons, horses, cattle, accommodations -■'■- it- 1 -j as mayor and carnages, wagons, goods and merchandise, as the mayor and awermen may aldermen of the city of Boston for the time being shall, from "'i""®" time to time, consider that the public convenience requires ; and shall be allowed to collect and receive such tolls as the Toils. said mayor and aldermen shall determine : provided, however. Provided, that the rates of ferriage shall never be so much reduced as to reduce the yearly dividends of said company to an amount less than eight per cent, on the amount of capital stock actually invested. Sect. 3. Said company may hold real and personal estate Real and T •■('1 r-'i i personal estate necessary and convenient lor the purposes aioresaid, not ex- $.300,000 in ceeding in amount the sum of three hundred thousand dollars, g^"^* "'^ *"^ to be divided into shares not exceeding twenty-five dollars each : provided, that no shares shall be issued for a less sum p^^''^'^'^- or amount, to be actually paid in on each, than the par value of the shares first issued. SKf.T. 4. No person shall, directly or indirectly, hold or hoia more than C9* 642 185( -Chap. 422. S50.000 of capital stock. Each sliare entitled to one vote. Provided. Officers, etc. Directors to make returns, etc. The immediate government and direction of the Ppnalty for neglect. Mayor and aldermen to license forrymen. May take any land necessary. Location of ferry. Mayor and aldermen to estimate laud damages. May apply for jury, etc. Provided, etc. own more than fifty thousand dollars of the amount of the capital stock : and every stockholder shall have a right to vote at all meetings of said company, and be entitled to as many votes as he has shares : 'provided, that no stockholder shall be entitled to more votes than are equal in number to one fif- teenth part of the whole number of shares Sect. 5 affairs of said company shall be vested in a board of not less than five dii'ectors, who shall be chosen by the stockhold- ers annually, and shall hold their offices until others shall be duly elected in their places. Sect. 6. The directors of said company shall, from year to year, in th^ month of January, make a return to the said mayor and aldermen, under oath, of their acts and doings, re- ceipts and expenditures, specifying the several items making up said expenditures ; and their books shall at all times be open to the inspection of any committee of the said mayor and aldermen, appointed for that purpose ; and if the directors of said company shall refuse or neglect to make such returns, they shall for every such refusal or neglect, forfeit a sum not exceeding five hundred dollars, to be recovered in an action of debt by the city of Boston, for its own use. Sect. 7. Nothing in this act shall be construed to take from the said mayor and aldermen the power which they now have by virtue of the twenty-sixth chapter of the Revised Statutes, to license any person or persons as fejr^anen from the main land in the city of Boston to the island of East Bos- ton, whenever they may consider the public convenience or necessity to require it. Sect. 8. Said company may purchase or otherwise take any land necessary for the purpose of said ferry : provided, said ferry shall be located in the Boston proper side, between the north of centre of Union Wharf and the Chelsea Ferry, and on the East Boston side between the north side of Steam Flour Mill Wharf and Miller's Wharf near the northerly end of Sumner street ; and if they shall not be able to obtain such land by an agreement with the owner thereof, they shall pay therefor such damages as shall be estimated and determined by the said mayor and aldermen ; and either party, if dissatisfied with any estimate made by said mayor and aldermen, may ap- ply for a jui-y to the court of common pleas next to be held Avithin the county of Suffolk, after the said estimate is made known to the parties : and thereupon the same proceedings shall be had as in case of estimating and enforcing payment of damages for laying out ways within the said city of Boston : provided, that the corporation herebv created shall not by vir- 1853. Chap. 422. 643 tue of the provision of this section, take possession of any land, until one hundred thousand dollars of its capital stock shall have been actually paid in. Sect. 9. The city of Boston, by a vote of the city council, city of Bostoa may, at any time, during the continuance of the charter of fer^yfetc. "'^'^ said company, purchase of the said company the said ferry, and all the franchise, property, rights and privileges of the said company, by paying them therefor, such a sum as will reimburse them the amoiint of capital paid in, with a net profit thereon, as may be agreed upon, not exceeding ten per cent, per annum, from the time of the payment thereof by the stock- holders, to the time of such purchase. Sect. 10. For the purpose of making the purchase afore- city council said, the city council of the city of Boston shall have authority "Jcf '^""^ ^''"''' to issue, from time to time, notes, scrip, or certificates of debt, to be . denominated on the face thereof " The People's Ferry Scrip," to an amount not exceeding in the whole the sum of five hundred thousand dollars, bearing interest at a rate not exceeding the legal rate of interest in this commonwealth ; and said interest shall be payable semi-annually, and the principal shall be payable at periods not more than forty years from the issuing of the said scrip, notes, or certificates respectively. And the said city council may sell the same, or any part there- of, from time to time, at public or private sale, or pledge the same for money borrowed for the purpose aforesaid, on such terms and conditions as the said city council shall judge pro- per. All notes, scrip, and certificates of debt, to be issued as aforesaid, shall be signed by the treq^rer and auditor, and countersigned by the mayor of the said city ; and a. record of all such notes, scrip, an'd certificates shall be made and kept by the said treasurer and auditor respectively. Sect. 11. Whenever said city of Boston shall purchase said when purchase /. />•! ni'1 T 1- is made, rights Icriy 01 said company, all the rights, powers, and autnonty etc., to be vested given to said company by this act shall be vested in and exer- ^^ "^^'^ ° ciscd by said city of Boston, subject to all the duties, liabili- ties iuid restrictions herein contained, in such manner, and by such agents, officers and servants, as the said city council shall from time to time ordain, appoint and dii'cct. And said city city may collect of Boston shall have the right to collect and receive the same rates of toll as arc allowed by the second section of this act to said company : provided, that whenever the tolls collected on ProTiJcu. said ferry sludl be sufficient to reimburse the said city of ]3os- ton for the cost of such ferry, with such a per cent, interest, annually, as said city of Boston pays on said " People's Ferry Scrip," and for all the expenses of the repairs and additions to said ferry, and all current and incidental expenses of its su- 644 1853. -Chap. 422. Sinking fund. perintendence and management, and to provide such a fund as the said city council may regard sufficient for the future support of said ferry, then the tolls on said ferry shall cease, and said ferry shall ever after be maintained by said city of Provided, also. Bostou as a free ferry : provided, also, that the said city council shall have the power and authority to re-establish such rates of toll on said ferry as may be sufficient to pay the current and incidental expenses of the superintendence and manage- ment thereof, whenever the fund aforesaid shall be found in- sufficient for its support. And that the income, rents, and re- ceipts of said ferry, after deducting all expenses and charges of support and maintenance, shall be set apart as a sinking fund, and shall be appropriated for and towards the payment of the principal and interest of said scrij), and for the accumu- lation of the fund aforesaid, and shall, under the management, control, and direction of the mayor, treasurer, and auditor of said city, or the major part of tliem for the time being, who shall be trustees of the said fund, be applied solely to the use and purpose aforesaid. And the said trustees shall, whenever thereto required by said city council, render a just, true, and full account to the said city council of all their receipts, pay- ments, and doings mider the provisions of this section. Sect. 12. If the said ferry shall not be established and opened for public use within five years from the passage of this act, then this act shall be void. Sect. 13. The first meeting of said corporation shall not be called unless the notice for the same shall be signed by the majority of the persons named in tliis act of incorpora- tion. [Approved by the Governor, May 25,1853.] Trustees to render account Act to be void if ferry not opened in five years. First meeting, how to be called 1853. Change of Names. 645 Secretary's Office. By the 256tli chapter of the acts of 1851, entitled "An act to pro\'ide for the Change of Names of Persons," it is pro- vided that " the judges of probate for the several counties shall annually, in the naonth of December, make a return to the office of the Secretary of the Commonwealth of all changes of names made under and by virtue of this act, and such returns shall be published in a tabular form, with the statutes of each year." And the following returns are all that have been received at this department in accordance with said act : — ESSEX. Mai-ch 30, 1852. David Brown, of Newburyport, takes the name of David Fellows Brown. May 4. Moses Monarch, of Salem, takes the name of Chaides Augustus Averill. INIay 18. Philander Basford, of Danvers, takes the name of Philander Randolph Basford. INlay 18. Winthrop Brown, of Ipswich, takes the name of Henry "Ward Brown. June 8. jNIichael D. Hart, of Lawrence, takes the name of Michael Desmond Hart. August 17. Patrick McGinley, of Lynn, takes the name of Joseph BojTiton. August IT. Susan Seeley, of Lynn, takes the name of Susan Samson. December 7. William S. Babcock, of Manchester, takes the name of William Babcock Sturgis. Decreed by Daniel A. White, Judge of Probate for the county of Essex. MIDDLESEX. INIay 17, 1852. Charles Smith, of Charlestown, takes the name of Charles Skippins. ^lay 17. Louisa Smith, of Charlestown, takes the name of Louisa Skippins. October 12. Consider Glass Davis takes the name of Sydney Glass Da\'is. Decreed by S. P. P. Fay, Judge of Probate for the county of Middlesex. 646 1853. Change of Names. WORCESTER. George W. Rice (a minor) takes the name of Geo. Edward E.ice. Wolf Humes takes the name of WiUiam Humes. Horace De Witt Smith takes the name of Horace Smith De Witt. Arthur Stillman (a minor) takes the name of Arthur Still- man Whitney. George Elbridge Fisher takes tlie name of George Woolsey Elbridge Fisher. Decreed by Thomas Kinnicutt, Judge of Probate for the county of Worcester. HAMPSHIRE. July 6, 1853. Ellen Matilda Flinn, of Pelham, takes the name of Ellen INIatilda Draper. Decreed, by Ithamar Conkey, Judge of Probate for the county of Hampshire. HAMPDEN. February 3, 1852. Jonathan Hoar, Caroline Hoar, Mary Bobbins Hoar, Albert King Hoar, Geo. Adams Hoar, Rodol- phus Hoar, Pamelia Hoar and Louisa Adelaide Hoar, all of Monson respectively, take the names of Jonathan Homer, Caro- line Homer, Mary Robbins Homer, Albert King Homer, George Adams Homer, Rodolphus Homer, Pamelia Homer, and Louisa Adelaide Homer. Decreed by Oliver B. INIorris, Judge of Probate for the county of Hampden. NORFOLK. July 17, 1852. Elizabeth Jane Clapp, of Dorchester, takes the name of Elizabeth Jane Jenkins. Sept. 18. ]\Iary E. Davis, of Dedham, (a minor) takes the name of Eveline Augusta Noyes. Oct. 5. Florence Corbett^of Dedham, (a minor) takes the name of Florence Thompson. Decreed by S. Leland, Judge of Probate for the county of Norfolk. PLYMOUTH. jNIay 4th, 1852. George Henry John Ahrenholtz, of Mid- dleborough, takes the name of Geo. Henry John Arnold, and his wife, the name of Elizabeth Arnold. Henry Herman, of INIiddleborough, takes the name of Henry Arnold. Patrick jNIurray, of E. Bridgewater, takes the name of James Murray. 1853. Change of Names. 647 Decreed by Aaron Hobait, Judge of Probate for the county of Flvmouth. BARNSTABLE. August 10, 1852. Joseph Mash, of Sandwich, takes the iiame of Joseph Marsh. ISIary Ann Mash, of Sandwich, takes the name of Maiy Ann Marsh. Joseph E. Mash, of Sandwich, takes the name of Joseph E. Mai-sh. Geo. H. Mash, of Sand- wich, takes the name of Geo. H. Marsh. Jane E. Mash, of Sandwich, takes the name of Jane E. Marsh. Chas. W. !Mash, of Sandwich, takes the name of Chas, AV. Marsh. Edith ]\1. Mash, of Sandwich, takes the name of Edith M. Marsh. Alaiy L. Mash, of Sandwich, takes the name of Mary L. Marsh. AVm. J. S. Mash, of Sandwich, takes the name of Wm. J. S. Marsh. Victoria INIash, of Sandwich, takes the name of Victo- ria ]\Iarsh. Josephine ]\Iash, of Sandwich, takes the name of Josephine Mai-sh. Decreed by NjTiiphas Marston, Judge of Probate for the County of Bai"nstable. NANTUCKET. Hemy J. Defrees takes the name of Hemy J. Defriez. Decreed by Samuel Mitchel, Judge of Probate for the county of Nantucket. RESOLVES PASSED BY THE Ccgislaturc of i1;ta0sacl)U6cU0. Resolve to pay the late acting Clerk of the House of Representatives. CJldt) 1 Resolved, That there be allowed and paid out of the treas- «3o to acting my of the commonwealth to Lewis Josselyn, the sum of tliirty organization of dollars in full for his services as acting clerk of the house Qf '"sisiature. representatives during the organization thereof, at the com- mencement of the present session, and that a warrant be drawn accordingly. [Ajpjjroved by the Governor, Fehruary 1, 1853.] Resolve authorizing the Treasurer to borrow Money in anticipation of Qhri/n 9 the Revenue. * ' Resolved, That the treasurer of this commonwealth be, and May borrow such he hereby is authorized to borroAv, in anticipation of the re- necessary^'not'^ ceipts of the present year, of any of the banks of this common- tiS,*??!}'"" Ul, / •' .' .i ' c • T -1 1 $200,000 unpaid. wealth, or oi any corporation therem, or oi any individual or individuals, such sum or sums of money as may from time to time be necessary for the payment of the ordinary demands on the treasury, at any time before the expiration of fifteen days after the meeting of the next general court, and that he repay any sum he may borrow, as soon as money sufficient for the purpose, and not otherwise appropriated, shall be received into the treasmy : ^provided, however, that the whole amount borrowed by authority hereof and remaining unpaid, shall not, at any time, exceed the sum of two hundred thousand dollars. [^Approved by the Governor, February 8, 1853.] Resolve in favor of William C. Poland. Ohop. 3 Resolved, For reasons set forth in his petition, that there oa'afd^"**"^**' be allowed and paid out of the treasury of the commonwealth, to William C. Poland of West Koxbury, the sum of fifty-seven 70 650 1853. Chap. 3—6. dollars and fifty cents, being the sum due liim as interest on a certain draft accepted and paid by the treasurer of the com- Aiso $20 for monwealth : also the sum of twenty dollars in full for the Sor^x^e'nsel' fuucral expcnscs of William Grady, and all claim for the ex- statf pri^on^ penses of extending the state prison : and that a warrant be drawn therefor accordingly.^ [Approved by the Governor, Feb- ruary 11, 1853.] Chat) A. Resolve for the Pay of the Council, Senate, and House of Representatives. $2 per day to Resolved, That there be paid out of the treasury of this each member of ■\,^ l ^ \, r i.\. a. il senate and house commonwealth, to each member oi the senate and house tea^mL^rtoveL of representatives, two dollars for each and every day's attend- ance during the present political year, and two dollars for every ten miles travel from their respective places of abode, once in each session, to the place of the sitting of the general Same to members court ; and also to each member of the council two dollars for of the council, q.^^.}^ ^yy^ every day's attendance at that board, at every session thereof, during the present political year, and two dollars for every ten miles travel from their respective places of abode. President of ^^^^ ^^ ®^^^ scssiou thereof; and to the president of the senate and Senate and the speaker of the house of representatives, each $2 per day extra, two dollars for cvcry day's attendance in addition to their pay as members ; and that warrants be drawn accordingly, on the orders of the respective branches. [Approved by the Gover- nor, February 11, 1853.] ChdP, 5 Resolve in addition to a Resolve in relation to the Old Colony Records. Secretary author- Resolved, That the Secretary of the commonwealth be, and with register of lic hereby is, authorized to contract with the register of deeds Plymouth county for the couuty of Plymouth, for the purposes and upon the the ©"a cotouy^ conditions specified in the resolve passed May the twentieth, records. [yy i\yQ yg^j. eighteen hundred and fifty -two, entitled "A Ee- solve in relation to the Old Colony Kecords," instead of the register of probate for said county, as is provided in the resolve aforesaid. [Approved by the Governor, February 11, 1853.] Chan fi Resolve on the Accounts of the Land Agent. Land agent Resolved, That Saniucl Warner, Jr., Land Agent of the from payment commouwealth, bc, and he hereby is discharged from the pay- of $38,4TT82, mcut of the sum of thirty-eisrht thousand four hundred and acknowledged in "^ ? in hi.s account scventv-seven dollars and eiffhtv-two cents, the receipt of of Dec. 31, 1852. i • i • i i i i • i • ° "^ • i i i i which IS acknowledged m his account with the commomvealth, as rendered on the thirty-first day of December, in the year one thousand eight hundred and fifty-two. [Approved by the Governor, February 12, 1853.] 1853. Chap. 7—10. 651 Resolve in favor of the Town of Great Barrington. Chnv) 7 Resolved, There be allowed and paid out of the school fund ^}^^ *" to^yn of of tills coniniomvcalth to the treasurer of the town of Great Bar- as tLir p7opor-'^ riugtou, the sum of one hundred and fifty-two dollars, being fuua°fori852. the amount due said town as their proportion of the school fund for the year eighteen hundred and fifty-tAvo, and that a ■warrant therefor be drawn accordingly. [Ajpproved by the Governor, February 12, 1853.] Resolve for the Pay of the Legislature and its Officers, niontiily. CTlOLV 8 Resolved, That there be paid out of the treasury of the ^°^emLrs^ commonwealth, to each member of the legislature, at the end of every month during its session, the sum of fifty dollars ; provided, it shall appear by the certificate of the clerk of either house, that the pay of the member for the month, at two dollars per day, amoruits to that sum not including travel. Also, that there be paid to the clerks, messengers, door-keepers and pages of the two houses, a proportionate sum iipon producing the proper certificate. And his excellency the governor is hereby authorized to draw his Avarrant on the treasurer, for a sum not exceeding one hundred thousand dollars, for the purpose above $100,000. specified. [Approved by the Governor, February 18, 1853.] Resolve on the Petition of the Massachusetts Teachers' Association. ClldT) 9 Resolved, That there be paid annually in the month of f^oo annually, . ,■ 1 f r • r for five years, to August, lor the term 01 iive successive years, irom and alter Mass. teachers' the year one thousand eight hundred and fifty-three, to the applied to the president or treasurer of the ]Massacliusetts Teachers Associa- assodation!^'^' tion, the sum of three hundred dollars, to be ajjplied to the purposes of said association :. the said amount to be de- ducted from the proceeds of the sales of the public lands, or the school fund, according to the provisions of the act of the year one thousand eight hundred and forty-six, chapter two hun- dred and nineteen, entitled " An Act to designate the fund for the payment of the salary of the land agent, and of appro- priations for educational purposes," and that warrants be drawn accordingly. [Ajyproved by the Governor, February 19, 1853.] Resolve for the Pay of the Chaplains of the Legislature. Resolved, That there be allowed and paid out of the treas- C/iap. 10 ury of this commonwealth, to the chaplain of the senate and .$100 each to to the chaplain of the house of representatives, one hundred '^ "'' '""''■ dollars each for their services during the present session ; and that warrants be drawn accordingly. [Approved by the Gover- nor, February 19, 1853.] 652 1853. Chap. 11—14. ChctT). 11 Resolve for the Pay of Clerks of the Legislature. $10 per day to Resolvcd, That there be allowed and paid out of ^he treas- $6 per day to uiy of the commonAvealth, to the clerk of the senate and to clerk***'***"* the clerk of the house of representatives, each, the sum of ten dollars a day, and to the assistant clerk of the senate, and to the assistant clerk of the house of representatives, each, the sum of six dollars a day, for each and every day they have been or may be employed in that capacity, during the present session of the legislatui'e ; and that there be further paid to the clerk of the senate and the clerk of the house of represen- »i50toeach tativcs, the sum of one hundred and fifty dollars each, for elerk for copying .,. t n ^ ^•^ •iii journals for copyiug the joumais tor the state horary, as requu^ea by the rary. prdcrs of the two houses ; and that warrants be drawn accord- ingly. [^Approved by the Governor, February 19, 1853.] C/iap. 12 Resolve on the Petition of Jonathan R. Childs. of "^ickiiesr"^** l^c^olvcd, For rcasous set forth in said petition, that there during session. ']qq allowed and paid out of the treasury of this commonwealth, to the said Jonathan R. Childs, the sum of twenty dollars, in full for medical attendance and other exj)enses during his sickness, while attending the legislature of eighteen hundred and fifty -two, and that a warrant be draAvn therefor. [Aj)j)ro- ved by the Governor, February 21, 1853.] Char) 1 ^ Resolve in favor of the Town of Sherborn. Sum to be B.€solved, That there be reserved out of the income of the s^bTo'eTfund for scliool fuud for the prcscut year, for the benefit of the toAvn of of sh^rboru"^" Slierbom, a sum of money equal to what that town would have received from the income of the same for the last year, if the return of the school committee of said town had been received in due season ; and that the sum so reserved, be added to the share, if any, to M^iich the said town may be entitled, from the income of the said fund for the present year. [Ajjpro- ved by the Governor, March 12, 1853.] Chan. 14 Resolve on the Petition of James Knott and John Tillson. Judge of probate ResoIvcd, For rcasous set forth in said petition, that the p°etition°may^°'' j^^tlgc of probatc for the county of Suffolk, is hereby author- off'certoiu'reai ^^^d, upou tlic application of James Knott and John Tillson, estate, etc. to cause to be set out in severalty and in fee simple, unto the said James Knott, one undivided fifth part of certain parcels of real estate, now held by said Knott and Tillson, as trustees in common and undivided, which parcels of real estate are described in certain deeds of indenture, between said James 1853. Chap. 14—18. 653 Knott, and James Knott, late of tlie city of Boston, deceased, dated on tke thirteenth day of August, in the year eighteen hundred and fifty, and recorded with Suffolk deeds, lib. 618, fol. GG. : provided, that the proceedings before said judge of Provided. probate shall be in conformity to the provisions of chapter 103 of the Revised Statutes, on the partition of lands owned by several persons ; and provided also, that the liens created and ProTiaed also. described in said deeds of indenture be not impaired or affected bv said partition. [Ajj^roved by the Governor, March 12, 1853.] Resolve in fiwor of the Guardian of the Punkapog Tribe of Indians, for (JJid^ 25 the Benefit of Polly Crowd. ^ Resolved, That for the reasons set forth in the petition of ,f so a year to Polly Crowd and the report herewith made, there be paid out duiing i^T*^ of the treasury of the commonwealth, to the guardian of the ^^^^^^ ^^• tribe of which said petitioner is a member, the sum of fifty dollars a year, for and during the natural life of said petitioner : and that warrants be drawn accordingly. [Ajj^roved by the Governor, March 12, 1853.] Resolve in favor of Overseers of Poor of Nantucket. /vt t p t/iap. lb Resolved, For reasons set forth in their petition, that there $400 to Nan- be allowed and paid out of the treasury of the commonwealth, expenses of to the overseers of the poor of the town of Nantucket, the sum emigrlnt°s^as of four hundred dollars, in addition to what said overseers ^*^*® paupers. may be legally entitled to receive from the treasury, for and on account of the expenses of the support of the emigrants described in said petition as state paupers. \Ap^roved by the Governor, March 12, 1853.] Resolve in favor of the Guardian of the Punkapog Tribe of Indians, for y-y; -i h^ the Benefit of Elizabeth Bancroft. V/lop. i i Resolved, That for the reasons set forth in said petition, there $50 to be paid be paid out of the treasury of the commonwealth, to the guar- Punlfapo/tribe dian of the Punkapog tribe of Indians for the benefit of Eliza- benefit o" Eliza- beth Bancroft, a member of said tribe, the sum of fifty dollars, '^eth Bancroft. and that a warrant be draAvn accordingly. [^Approved by the Governor, March 12, 1853.] Resolve in addition to a Resolve authorizing the Board of Education to (JJidv)^ 28 appoint Agents. '■' Resolved, That the authority given by the resolve, dated ^gowe"of aJhi April twenty-fourth, eighteen hundred and fifty-one, to the ^' i^^- e^^nd- 70» 654 1853. -Chap. 18—21. ed for a term of board of education, to appoint two or more suitable persons to visit the towns and school districts ; and to the governor to draw his warrant on the treasury for a sum not exceeding tAventy-five hundred dollars annually, to defray the expense of the same be continued for a further period not exceeding three years, [Approved by the Governor, March 17, 1853.] Chew 19 Resolve on the Petition of Elias E. Davison, Administrator of the Estate ^ ' of Ehas Davison, deceased. FvP° f'T°' ''^ I^^^^ohed, For reasons set forth in said petition, that the as administrator said EKas E. Davisou IS hereby authorized to make, file and Davison, con- liave recorded, in the court of probate for the county of Mid- ™^ ■ dlesex, an affidavit of his having given due notice of his ap- pointment by said court, as administrator of the estate of Elias Davison, late of Charlestown, in said county of Middlesex, deceased ; which affidavit, when filed and recorded in said court, shall be as effisctual to perpetuate the evidence of his having given due notice of his appointment as said adminis- trator, as if made, filed and recorded within the period pre- scribed by law. [Approved by the Governor, March 17, 1853.] C/lCtn 20 Resolve for the Payment of Salary of the late Superintendent of Alien -^ ' Passengers for Boston. Widow of late Resolvcd, That there be paid from the treasury of the com- aUen"p"ass°ngers mouwealth, to the widow of Jothan 13. Munroe, late superin- fo/quaHerenZ tcudcnt of alicu passcngcrs for the city of Boston, such a sum ing June 30, 1853. ^^ would be equal to his salary as one of the commissioners on aliens and state paupers, for the quarter ending the thirtieth d%y of June, 1853, under the act of 1851, chapter 343 ; and that the present superintendent be directed to pay over to said widow, and charge in his account, such further sum as would be equal to said Munroe's salary as superintendent for the same period [Approved by the Governor, March 17, 1853.] Resolve on the Petition of Rowland Ellis, Trustee. Resolved, For reasons set forth in said petition, that said authorizod to raise $2000 on mortgage of real estate. C/iap. 21 Ilowland Ellis as Kmeiinc .Tosseiyn Rowlaud Ellis bc, and lic hereby is authorized and empowered, to raise by mortgage of the real estate of Emeline Josselyn, wife of Lewis Josselyn, held by him, or which he was entitled to hold, as her trustee, on the tenth day of February, eighteen hundred and fifty-three, a sum of money not exceeding two thousand dollars, and the deed or deeds of mortgage of said estate, duly executed by said Ellis, shall be valid and effectual to secure the payment of the promissory note or notes of said Ellis, for amounts not exceeding two thousand dollars in the 1853. Chap. 21—23. ^ 655 Avhole, with lawful interest thereon : provided, that no such Provided, mortgage shall be made without the written consent of said LcAvis and Emeline ; provided, also, that all moneys raised by Provided, also, said ElHs, under the authority of this resolve, shall be invested in real estate, or a mortgage or mortgages of real estate, in the city of Lynn, in the county of Essex and commonwealth afore- said ; but this proviso is not to affect the validity of any con- veyance or mortgage made by said Ellis. [Ajjproved by the Governor, March 19, 1853.] Resolve for the Publication of Report on School Districts. CllCLp. 22 Hcsolvcd, That the secretary of the Board of Education, Report on district cause to be printed, in cheap pamphlet form, and distributed be printed and through the towns in the commonwealth, so much of his last secrctary^of ^ annual report as pertains to the district system of common education, schools ; the edition to be of such number as the Board of Education may decide to be requisite ; and the cost to be de- ducted from the proceeds of the public lands, or the school fund, according to the provisions of the act of the year 1846, chapter 219 ; and that his excellency the governor be author- ized to draw his warrant accordingly. [Approved by the Governor, March 19, 1853.] Resolve on the Petition of Julia Ludington, Executrix. Ohcw 23 Resolved, For reasons set forth in said petition, that said Juiia Ludington, Julia Ludington be, and she hereby is authorized and em- estate of powered to borrow the sum of one thousand dollars to be ap- to°n, authoriTedto plied by her to the payment of the debts proved against the mo^glge'^of^^ estate of Corbet Ludington, late of the city of Boston, deceased, m^^l^J^ ""^^^ together with the expenses of administration thereon, and to secure the payment of the same by giving a mortgage on the real estate left by the said Corbet Ludington ; the same being a house and lot, situate on Charles street, in said city of Boston. provided, however, that the said Julia Ludington shall first Provided. obtain in writing the consent of all the heirs of the said Corbet Ludington who are of legal age, and the consent in writing of the guardians of all the minor heirs of said Corbet, and shall also give a bond with good and sufficient sureties to the judge of probate for the county of Suffolk, conditioned for the faith- ful appropriation of all the money received by her, by virtue of said, mortgage. [Approved by the Governor, March 24, 1853.] 656 * 1853. Chap. 24—26. Chnn ^4- Resolve on the Petition of the Worcester City Guards. Additional sum Resolvecl, Foi* reasons set forth in said petition and the ac- of*93 10 allowed . ' i i i • t /» i /> to Worcester companying report, that there be paid out oi the treasuiy oi 1 y uar d, ^j^^ commonwealth, to John M. Goodhue, for the benefit of company C. in the eighth regiment of hght infantry of the Massachusetts Volunteer Militia, in addition to the sum of one hundred and twenty-five dollars and seventy cents already alloAved, the further sum of ninety-three dollars and ten cents ; and that a warrant be drawn therefor accordingly. [^Approved by the Governor, March 24, 1858.] Chap. 25 Resolve on the Petition of Sophronia Nichols, Residuary Legatee and ■^ Guardian. Sophronia Resolvcd, For rcasoiis set forth in the petition aforesaid, guardian, etc., that Soplirouia Nichols, of Gardner, in the county of Wor- an,*u™Tt\v'ce?-^' ccstcr, wldow, be, and she hereby is, authorized and empow- tain real estate, g^ed to scU, either at public or private sale, and to convey in fee simple, by a good and sufficient deed, discharged from all trust and liability for the application of the purchase money, the real estate mentioned in said petition, consisting of a piece of land, of about one-fourth of an acre, with a dwelling house thereon, situate in the southerly part of said Gardner, and bounded northerly by land of Stephen Taylor, easterly by a town road, southerly and westerly by land of Greenwood and Provided. Wright : provided, that the said Sophron^fi Nichols shall first give bond, with sureties, to the satisfaction of the judge of probate for said county of Worcester, to apply and account for the consideration to be received by her, for said estate, agree- ably to law, and according to the terms and requisitions of the will of her late husband, "William Nichols, deceased, [-^p- proved by the Governor, March 24, 1853.] C/l(tr>. 26 Resolve on the Petition of Mary E. Sweetser. Mary E.swectser, RcsoIved, For rcasous sct forth ill said petition, that Mary E. thorized"to sell Swcctscr, guardiaii of Mary Caroline Sweetser, a minor, be and Edward^Emerson ^^^^ ^^ hcrcby authorized and empowered to sell and pass deeds i^rchariestown.'*' ^^ coiivcy unto Edward Emerson, of Hollis, in fee, one undivided fourteenth part of a certain lot and buildings thereon, situate on Maine street in Charlestown, in the county of Middlesex, be- longing to said ]Mary Caroline, at the rate of three thousand dollars for the entire estate : said real estate being the same mentioned in the last will and testament of the late Seth Sweet- ser, Esquire, deceased, of Newbury port, and in the said undi- vided part in which said minor is interested as mentioned therein. [Approved by the Governor, March 24, 1853.] 1853. Chap. 27—29. 657 Resolve concerning the Ventilation of School Houses. Chcin 27 Resolved, That it shall he the duty of the secretary of the Secretary of Board of Education to instruct one or hoth of the asrents of that tion to°imt"uct hoard, Avhcn visiting the schools throughout the commonwealth, puvHcuiar™Mam- during the year, to make particular examination of the school ["o'^u'erwur^*'^^ houses in the severq,l towns, with regard to ventilation, and to '■''k"'* tp ^ * ,.,. " , i I ventilation, etc. communicate to the hoard, in his next annual report, the result of their inquiries, \<\\\\ such information concerning the defects to he remedied, the expense of any alterations required, and the provisions that should he made for ventilation in new- school houses to be hereafter erected, as he may be able to collect, in order that the same may be laid before the legisla- ture at its next annual session. [Approved by the Governor , March 24, 1853.] Resolve concerning Reports ol" the Proceedings and Debates ui the Con- CJlCip. 28 vention to revise the Constitution. Resolved, That the secretary of the commonwealth is Secretary author- authorized and directed to purchase, for the use of the com- soo copies of monwealth, eight hundred copies of such printed report of SebatesT/ con- the proceedings and debates in the convention of delegates, to heid'May^isss. be holden in ^lay, in the year eighteen hundied and fifty- three, ill this commonwealth, to revise the constitution thereof, as shall be published by any reporter, who may be appointed and authorized by the said convention to report and publish the same ; and so many of said copies as shall be necessary therefor shall be distributed by said secretary, in How distributed, the same Avay and manner as the reports of the decisions of the supreme judicial court of this commonwealth are now by laAv distributed by the secretary, and that a copy be also distributed to each member of the present legislature ; and the residue of said copies shall be distributed as the governor and council shall direct ; and after said number of copies are delivered to the secretary, his excellency the governor, by and with the advice of the council, is authorized to draw a warrant on the treasurer of the commonwealth for the payment thereof, at the wholesale booksellers' market price thereof. [Approved by the Governor, March 29, 1853.] Resolve in favor of John V. Low. 0/lUp. 29 Resolved, That, for the reasons set forth in his petition, Pay of. lohn v. there be alloM'ed and paid out of the treasury of the common- messenger, wealth, to John V. Low, the assistant messenger to the gov- ernor and council, the pay to which he would be entitled were he not prevented by sickness from the performance of his 658 1853. Chap. 29—33. duties, and tliat such pay be continued during tlie present session of the legislature, [Ajpjjroved by the Governor, March 29, 1853.] ^7 o A Resolve on the Petition of George Fisk. S160 to George Resolveil, For reasons set forth in the. said petition and accompanying report, that there be allowed and paid out of the treasury of the commonwealth, to George Fisk of Bios- ton, the sum of one hundred and sixty dollars, and that a warrant be drawn accordingly. [Approved by the Governor, March 29, 1853.] C/lCip. 31 Resolve for the final Payment of Expenses for the Enlargement of the •^ ' State Prison. ®Im^ ' ^^ *' f ^"''^ Resolved, That the sum of fourteen hundred and seven- settlement for •' _ _ enlargement of tccu dollars and ouc ccut, be appropriated in final settlement state prison. r i i* r-i i n ^ lor the completion oi the enlargement oi the state prison, as authorized and required by act, chap. 304, of 1850 ; and by act, chap. 286, of 1851; and also by resolves chap. 69, of 1852 ; to be paid under the direction of the commissioners appointed to superintend the enlargement of the INlassachu- setts state prison ; and that the governor be authorized to draw his warrant accordingly. [Approved by the Governor, April 2, 1853.] Cluin S'^ Resolve relating to Pilotage and the Pilot Laws. Commissioners to Resolvcd, That liis cxcelleiicy the governor, with the ad- proper system vice and consent of the council, be requested and empowered the various laws , . , . . , • <_ _c ^i r J^ regulating ap- to appoiut a commissioii, to consist 01 thi'ee persons, lor the piiots^etc. ° purpose of revising and reducing to a proper system, the vari- ous statutes of the commonwealth regulating the appointment of pilots, and the subject of pilotage generall} upon the coasts and harbors of tliis state ; and that the said commissioners report the result of theu- labors, when the same are completed, to the governor and council, with such new provisions of law as they may deem expedient to render the system harmo- nious and efficient. The coinj)ensation of said commissioners to be fixed by the governor and council, and the report of the same to be communicated by the governor to the legis- lature. [Approved by the Governor, April 8, 1853.] Chap. 33 Resolve in favor of the Overseers of the Poor of Gay Head. S2 50 per .veek Rcsolvcd, For rcasous sct forth in the petition, that there be to overseers of ■,■,,,., n t poor of Guy Uead aliowcd and paid out ol tlie treasury of the commonA^ealth, 1853. CiiAr. 33—37. 659 to Zacchcus Ilowwaswc, Samuel Peters, and Aaron Cooper, or *""'■ support of , . /. ^, c /"( TT 1 1 Clara J^hepherd, their successors, overseers oi the poor oi (jay liead, the sum a lunatic. of t^vo dollars and fifty cents per week, for the support of Clara Shepherd, a lunatic ; and the same shall be paid during her hmacy ; and that Avarrants be drawn accordingly. [-4P" proved by the Governor^ April 8, 1853.] Resohe to pay for the Compilation of the Reports of Contested Elec- Chap. 34 tious. Resolved, That there be allowed and paid out of the trca- si/m to com- sury of the commonwealth to the commissioners appointed compiungreports under the resolve of the year one thousand eight hundred eLctkms.''^'^ and fifty-t\vo, chapter seventy-five, the sums charged by them respectively, as follows, viz : to Luther S. Cushing, the sum of one thousand dollars ; to Charles W. Storey, the sum of four hundred and fifty dollars ; and to Lewis Josselyn the sum of one liundi-ed and fifty dollars, in full compensation for their services in preparing and superintending the publi- cation of a new edition of the reports of contested elections ; and that warrants be drawn accordingly. [Approved hy the Governor, April 8, 1853.] Resoh'e in favor of Ebenezer Luther. CllCip. oO Resolved, For reasons set forth in the petition, that there $25 to Ebenezer be allowed and paid out of the treasiuy of the commonwealth tende"t of aUen' to Ebenezer Luther, superintendent of alien passengers for FaU^Rfver/*^"^ tbe port of Fall River, the sum of twenty-five dollars, in full for his services ; and that a warrant be drawn accordingly. [Approved by the Governor, April 8, 1853.] Resohe for paying the Current Expenses of the State Reform School. C/lCip. 36 Resolved, That there be allowed and paid out of the trea- $30,000 to defray sury of the commonwealth to the trustees of the State Reform reformVchoo'i for School, to enable them to defray the cui-rent expenses of said '^^^'^'^^^ J'^'^'^- school foi; the present year, the sum of thirty thousand dol- . lars, in manner following, to wit : the sum of seven thousand five hundred dollars forthwith, and the remainder in tluee equal quarterly payments, the first of such payments to be made on the first day of April, instant, and that warrants be drawn accordingly. [Approved by the Governor, April 11, 1853.] Resolve on the Petition of John Hunt, and Sarah Jane Hunt, his Wife. C/lCtp. 37 Resolved, For the reasons set forth in their said petition, j^h^'"Hunf "■•=' that the petitioners be, and they hereby are authorized to pro- and sarah ' 660 1853. -Chap. 37—39. Jane Hunt entered into before their intermarriage, to bo recorded within 20 days and become valid and have same effect as if, etc. cure to be recorded in the Eegistry of Deeds for tlie county of Norfolk, tlic contract in writing between them, entered into in contemplation of their intermarriage, and before the happenin"" of that event, which is referred to in their petition ; and that, if said contract shall be recorded in the Registry of Deeds for said covmty of Norfolk, within twenty days after the passage of this resolve, it shall be as valid and effect- ual, and shall have the same force and effect, in every respect, as if it had been thus recorded in said Registiy of Deeds for said county of Norfolk, before the intermarriage of the petitioners, or within ninety days thereafter, as provided by an act of the legislature of this commonwealth, entitled, " An act in addition to the several acts concerning husband and wife," passed March 25, 1845. [Approved by the Governor, April 12, 1853.] Chap. 38 Resolve on the Petition of William Murphy, John Stevens, and Michael Farren. William Murphy, John Stevens, and Michael Farren, commit- tee, etc., author- ized to make and deliver to John Fitzpartrick a confirmatory deed of convey- ance of certain real estate. Resolved, For reasons set forth in said petition, that the conveyance of a certain parcel of real estate, situate in AVal- tham, in the county of Middlesex, and occupied and improved by the Catholic society of said town, made by said William Murphy, John Stevens, and jSIichael Farren, a committee of said society, to John B. Fitzpatrick of Boston, in the county of Suffolk, clerk, be and the same hereby is declared to be valid and effectual to all its intents and purposes, and to vest in the said Fitzpatrick, his heirs and assigns, all the right, title, in- terest and privilege of the said society in and to the said real estate, in fee simple and discharged of the trust referred to, and described in said petition ; and that the petitioners above named be and they are hereby authorized, in consideration of the sum of money heretofore received by them from the said Fitzpatrick, and for other good and lawful considerations, to make, execute and deliver to the said Fitzpatrick, his heii-s and assigns, a confirmatory deed of conveyance of said real estate to the end and for the purpose that the title of the said Fitzpatrick, his heirs and assigns, to said real estate shall be forever valid and ciTectual in law as if derived from the grantor described in said petition, by his deed in fee, and dis- charged of the trust aforesaid. [Approved by the Governor, April 12, 1853.] Chap. 39 Resolve on the Petition of the Selectmen of Maiden. re"™rved^from Resolved, For rcasous set forth in said petition, that there school fund for \fQ rescived out of the present year's income of the school 1853. Chap. 39 — i^. 6G1 fund, for the benefit of the town of Maiden, a sum equal to benefit of town Avhat said toAvn would have received from the income of the same for the last year, if the report of the school committee of said town had been received in due season at the office of the secretcuy of the commonwealth ; and that the sum so reserved be added to the share, if any, to which said town may be entitled from the income of the said fund for the present yeai*. [Approved by the Governor, April 12, 1853.] Resolve ou the Petition of the Massachusetts Charitable Eye and Ear C/iaj7. 40 Infirmary. Resolved, For reasons set forth in said petition, that there 5i2,500 per year be alloM'cd and paid, out of the treasury of the commonwealth, Mass. Eye and the sum of two thousand and five hundred dollars per annum, ^^ rmarj. to the trustees of the Massachusetts Eye and Ear Infirmary, for the term of five years from the fourteenth day of April, instant, in aid of the charitable purposes of said infirmary, and that Avai-rants be dra"WTi accordingly. [Approved by the Governor, April 12, 1853.] Resolve on the Petition of Joseph Atwood. Chccp. 41 Resolved, For the reasons set forth in said petition, that Joseph Atwood, Joseph Atwood, of Orleans, in the county of Barnstable, a™thorized*'t'o trustee under the will of Nehemiah Atwood, late of Brew- I'^n^X^s^tslv ster, in the county of Barnstable, of the estate of Nehemiah p*'''^''1^°^ '''■^'^• Atwood, junior, be and he hereby is authorized to sell, at pub- lic or private sale, and by all necessary deeds and instruments, to convey all and singular-, the tracts or parcels of land wliich were devised to said Joseph Atwood, trustee as aforesaid, by the will of said Nehemiah Atwood, deceased : provided that Provided, etc. said Joseph Atwood shall fii'st give bond to the judge of probate for said county of Barnstable, in such sum and with such sureties as said judge shall approve, that he will faith- fiillv execute the powers herein granted to him, and will hold, invest and apply the proceeds of such sale to the same uses and ultimate disposal, as is provided in said will respecting said real estate. [Approved by the Governor, April 12, 1853.] Resolve on the Petition of Walter Warriner. Chrm 42 Resolved, For reasons set forth in said petition, tliat ^a"*^"- wamner, U'alter Warriner of Springfield, in the county of Hampden, thorized to ku trustee under the will of Gains Bliss, late of said Sjiringfield, uin reare^tateir deceased, of the estate of Alfred Bliss, be and he hereby is lU^Tlf^d'etc. 71 662 1853. Chap. 42—44. authorized to sell, at public or private sale, and to convey by all necessary deeds and instruments, all and singvilar, the tracts or parcels of land situate in said Springfield, which -were set off to the said Walter "VVarriner as such trustee, in the parti- tion of the real estate of said Gains Bliss, made under the au- thority of the probate court for said county of Hampden, and accepted by said court on the first Tuesday of February, in the Provided, etc. y^^^j^. eighteen hundred and fifty-two : provided, that the said Walter Warriner shall first give bond to the judge of probate for said county of Hampden, in such sum and with such surety or sureties as said judge shall approve, that he will faithfully execute the powers herein granted to him, and will hold, in- vest and apply the proceeds of such sales to the same uses and ultimate disposal, as is provided in said will respecting said real estate. [Approved by the Governor, April 12, 1853.] Chcin 43 Resolve upon the Petition of Samuel Jenuison, Jr., Guardian. SamueiJennioon, Resolvcd, For rcasons sct forth in said petition, that the ori'^d'to's^eu the power and authority conferred upon said Samuel Jennison, [nteres\'of 'JSm Ji'- of NcM^tou, iu the couuty of Middlesex, guardian of John R^diard^o'^n^or Richardsou, Lydia B. Richardson and Frank T. Richardson, either of them, minor children and heirs of John H. Richardson, late of Wa- jointly or several- .., i i ^ • c t c ^ ly, in and to any tertowu lu Said couuty, dcccascd, by virtue oi a resolve oi the in Ttpsoive of May legislature of this commonwealth, passed on the seventh day '' '^^' of May, in the year one thousand eight hundred and fifty-one, be so extended that the said Jennison be and he is hereby authorized and empowered to sell and convey the right, title and inter- est of the said John and Frank T. Richardson, or either of them, jointly or separately, in and to any part of the lands in said resolve described, in as full and ample a manner as he was by said resolve authorized and empowered to sell and convey the estate of said John, Lydia B. and Frank T. Richardson ; Provided, how- provided, kowcver, that when the principal sums (exclusive of interest) derived from such sales of said estate of either of said minors shall amount to the sum of five thousand dollars, the power and authority hereby granted shall, as to such one of said minors, terminate. And any and all conveyances hereto- fore made by said Jennison, of the estate of said John and Frank T. Richardson, under said resolve, are hereby con- firmed. [Approved by the Governor, April 12, 1853.] ever Clmp. 44 Resolve in favor of the Town of Somerset. urer of sonS; ResoIved, YoY rcasous set forth in the petition, that there for moneys p.iid ' \)q allowcd aiid paid out of the treasury of this commonwealth for supi)ort of !• i f ei • Lucy Allen at to tlic treasurer 01 the town of Somerset, in the county of Bris- 1853. Chap. 44—47. 663 tol, the sum of seven hundred and eighty-five dollars, in full state Lunatic for moneys paid to the treasurer of the State Lunatic Hospi- tal, for the support of Phebe Allen, a lunatic pauper having ' no legal settlement in this commonwealth, and that a warrant be drawn accordingly. [Approved by the Governor, April 16, 1853.] Resolve couccrning Cape Cod and East Harbors. ChdV 4 5 Resolved, That his excellency the governor, with advice commiasionersto and consent of the council, be requested and empowered to bust mode of pre- appoint a commission of three persons, to visit Cape Cod du- ii?irbof,^s't^*''^ ring the recess of the legislature, for the purpose of ascertain- "^'^'^°'> '^''=- ing the facts important to a full understanding of the best mode of preserving Cape Cod harbor. East harbor, and any portions of the cape where causes are supposed to exist which tend to the injury of cither of said harbors ; and also to ascer- tain the rights of the commonwealth to the province lands, and the course which the state should adopt in reference to them, with due regard to the rights of individuals occujjying, improving, or claiming any of said lands. [Approved by the Governor, April 16, 1853.] Resolve ou the Petition of Nathaniel Smith. ChcLtJ 46 Resolved, For reasons set forth in said petition, that Na- Act of Nathaniel thanicl Smith, of Natick, in the county of Middlesex, adminis- trator of estate of trator of the estate of William S. Smith, late of said Natick, de- Jliathi^tosaie of ceased, be allowed and authorized to file, in the court of g^^^^^**® '^°'^" probate for said county, his affidavit and a copy of his notice of a sale by him, as said administrator of the real estate of said William S. Smith, in pursuance of a license of said court, granted on the eighteenth day of March, in the year one thou- sand eight hundred and fifty- one, and that the same shall be as effectual to perpetuate the evidence of the time, place, and manner of giving such notice as if the same had been done by him within one year after the sale thereof: provided, said af- Proyided fidavit and copy be so filed within six months from the pas- sage of this resolve. [Approved by the Governor, April 16, 1853.] Resolve on the Petition of Sarah Walker. Phnyj 47 Resolved, For reasons set forth in said petition, that charies nnfrham, Charles Brigham, trustee of the Hassanamisco or Grafton In- ton Indians, au- dians, be and he is hereby authorized to convey and confirm Tey"'tot of °and to the said Sarah Walker, a lot of wood and pasture land, con- ^^'^"'"^ ^^'^"^"• taming about twenty acres, situated in the south-easterly part Partition of the real estate of Thomas Robin- aon, deceased, 664 1853. Chap. 47—49. of the town of Grafton, and bounded on land of Royal Keith and others : To have and to hold the same, to her sole and separate use, and to her heirs and assigns forever. [Ajjproved by the Governor, April 16, 1853.] Chap. 48 Resolve on the Petition of Mary A. D. Robinson, and Ebenezer P. ^ Robinson. Resolved, That, for reasons set forth in the said petition, the assignment of dovi^er and the partition of the real estate of and'assignmei'it Thomas Robinson, late of Boston, in the connty of Suffolk, of (lower con- j ^ finned and estab- dcceascd, returned to the probate court of said county of Suf- folk, and accepted by decrees thereof passed on the seventeenth day of June, in the year eighteen hundred and fifty, be here- by ratified, confirmed and established, and that the same be forever hereafter deemed and taken to be legal and binding upon all persons, and to all intents and purposes whatsoever. [Approved by the Governor, April 16, 1853.] Chctp. 49 Resolves to establish a State Normal School in the County of Essex. t^ou'aJhorizedto Rcsolvcd, That the Board of Education be, and they are establish a state hcrebv autliorizcd to establish a state normal school at some normal school in.-'.. „__, iii c • the county of suitable placc m the county oi Essex, and that the sum oi six thousand dollars be, and the same is hereby appropriated, from the proceeds of the public lands or the school fund, according to the provisions of the act of the year one thousand eight hundred and forty-six, chapter 219, to defray the expense of providing a site, of erecting or purchasing a suitable building, and furnish- ing the necessary appurtenances and apparatus for said school ; and that the same be expended for that purpose under the di- rection of the Board of Education, upon whose requisition the governor is hereby authorized to draw his warrants upon the treasury to the amount aforesaid. May purchase Resolvcd, That the Boai'd of Education be, and they are grants of land in hereby authorized to purchase and receive grants of land, in mXweaith™etc. the name of the commonwealth, and in suitable quantity, for the site of said building and the accommodation of said school ; and that, before selecting said site, they be directed to receive propositions from towns or individuals in said county of Es- sex, in aid of the object of these resolves, and afterwards to make such selection as will in their opinion best subserve the interests and accommodate the wants of said school, ajopriltion""^ Resolved, That the sum of three thousand dollars, in ad- annuaiiy for two ditiou to the sums already appropriated for that purpose, be year-, for sup- .. ^^ r n n i f port of state nor- appropriated annually, for two years from the first day of January next, to the support of the state normal schools, under 1853. Chap. 49—52. 665 the dii-cction of the Board of Education ; the said amount to be taken from the proceeds of the public lands or the school fund, according to the provisions of the act of the year one thousand eight hundred and forty-six, chapter 219, and that the gover- nor be authorized to draw his warrants on the treasury accord- ingly. [^Approved by the Governor, April 16, 1853.] Resolves concerning the Massachusetts Militi^ Claim. Chcip. 50 Resolved, That the resolves of the eighteenth day of May, ^^esoives repeai- cightcen hundred and fifty -two, " concerning the Massachu- setts Militia Claim," be, and they are hereby repealed. Resolved, That the members of congress from this common- Members of con- ■' 11. gross requested Avealth be, and they are hereby requested to use their best ex- to use best exer- •^ 11 1 tioiis to procure ertions to procure irom the general government the amount amount due. due to Massachusetts for services rendered and disbursements made during the late war with Great Britain. Resolved, That a copy of these resolves be transmitted by the secretary of the commonwealth to each of our senators and representatives in congress. [Approved by the Governor, April 21, 1853.] Resolve in favor of Sarah Newton. 0/lCip. 51 Resolved, That there be allowed and paid out of the treasury sisstoSarah of the commonwealth, to Sarah Newton, widoAV of Benjamin Benj f 'Newton, F. Newton, 'late district attorney for the middle district, the torneyfoTmui- sum of one hundred and thirty-three dollars ($133,) being ^•'"^''™*- -' the balance which said Benjamin F. Newton would have been entitled to receive out of the treasury for the full salary of one year ; and that warrants be drawn accordingly. [Ap- proved by the Governor, April 23, 1853.] Resolve on the Petition of George Ellis, Treasurer of the County of C/iCip. oJi Norfolk. Resolved, For reasons set forth in the petition, that there S2344 to George be allowed and paid, out of the treasury of the commonwealth, Norfolk county, to George Ellis, treasurer of the county of Norfolk, or his crlmmaTprosecu- successor in office, the sum of two thousand three hundred *'°°'- and forty-four dollars, in full for all claims for expenses of criminal prosecution in said county of Norfolk, from the year eighteen hundred and forty-five to the time of the j^assage of this resolve ; and that a warrant be drawn accordingly. [Ap- proved by the Governor, April 23, 1853.] 666 1853. Chap. 53—55. Pi-ovided. 54 Chap County taxes. Chap. 53 Resolve authorizing the Removal of the Field Pieces belonging to the ^ ' Commonwealth. Adjutant general Resolvcd, That the adiutant ffeneral be authorized and di- directed to re- »/ cj move field pieces rectcd to reniovc to the state arsenal at Cambridge, all the field to state ar:^enal . n-ii • . • .^ i i at Cambridge, pieccs and artillery equipments now m the several gun-nouses and other places of deposit in the various towais and cities of the commonwealth : provided, however, that he may allow such field pieces and artillery equipments to remain in towns and cities, the authorities of which will furnish suitable build- ings for their deposit, and undertake to keep them in good and complete order, without any expense to the common- wealth. [Approved by the Governor, April 23, 1853.] Resolve granting Taxes for the several Counties. Resolved, That the sums placed against the names of the several counties in the following schedule be, and hereby are granted as a tax for each county, respectively, to be assessed, paid, collected, and applied according to law, namely : — County of Essex, fifty -five thousand two hundred dollars. County of Middlesex, eighty-three thousand two hundred and sixty -five dollars. County of Worcester, fifty thousand dollars. County of Hampshire, fourteen thousand dollars. County of Hampden, twenty-six thousand dollars. County of Franklin, ten thousand dollars. County of Berkshire, eighteen thousand dollars. County of Xorfolk, forty -five thousand dollars. County of Plymouth, twenty thousand dollars. County of Bristol, thirty thousand dollars. County of Barnstable, eight thousand two hundred dollars. County of Dukes county, two thousand dollars. [Approved by the Governor, April 23, 1853.] Chap. 55 Resolve to provide for Distributing Copies of the present Constitution throughout the Commonwealth. Presient con.otitu- Resolved, That the secretary of the commonwealth be au- weaith to be thorizcd and directed, as soon as practicable, to cause to be fniTutedXrough- Pointed an edition of the constitution of the commonwealth of w^'aUiT'""''' Massachusetts, in cheap pamphlet form, of the same number as that published annually of the laws and resolves, passed at each session of the legislature, and to be apportioned and sent, in the same proportion and the same manner as the laws and resolves, to the several city and town clerks, with such instructions for the distribution of the same, in the respective 1853. Chap. 55 — 57. 667 cities and towns, throughout the commonwealth, as he mav find to be expedient in order to secure prompt delivery thereof. [Approved by the Governor, April 26, 1853.] Resolve on the Petition of Charles Stone for leave to sell Real Estate. Chap. 56 Resolved, For reasons set forth in said petition, that Charles authoriJd°to seii Stone, of Cambridi^c, in the county of Middlesex, be and hereby real estate held , . , ^.. ,,.*'. . •' bv him as trustee IS, authorized to sell at public auction, or at private sale, as under the wm of may seem to him expedient, atl that real estate which is now de^asedl^Tna to holden by liim as trustee, duly appointed by the court of pro- ™ te^deeds^^*" bate for said county of ^Middlesex, under and by force of the ^^'^^^°^^ etc. last Avill and testament of Mary Carman, late of Watertown, in said county of Middlesex, deceased, which said last will and testament was duly proved and allowed at a court of pro- bate, holden for said county of ]Middlesex, on the twenty-sixth day of June, in the year eighteen hundred and forty -nine, and to make, execute and deliver good and sufficient deeds thereof, in fee simple, to the purchasers, who may hold said estate free from the trusts and conditions of the said last will and testa- ment of said Mary Carman: provided, however, that previous P^o^^ded how- to any sale of said estate, the said Charles Stone shall give bond with sufficient sureties, to the judge of probate for said county of Middlesex, that he will invest th€ proceeds of said sale in some safe stocks or other good and safe securities, or in other real estate, and hold the same, and the income thereof, for the same uses and purposes, and under the same restric- tions and limitations, and for the same ultimate disposal and distribution, as are provided in the said last will and testament of said !Mary Carman, of and concerning said real estate. [Ap- proved by the Governor, April 26, 1853.] Resolve on the Petition of Thomas F. Nevvhall, Trustee under the Will of ClldJ). 57 Francis Newhall. Resolved, For reasons set forth in said petition, that the han™tnJt.^^^' said Thomas F. Newhall is hereby authorized to sell and con- authorized to seii , , '' , ,. . , , and convev cer- vcy, in one or more parcels each, at public or private sale, and tain real estate. to execute deeds to pass the same in fee simple, certain lands hereafter described, viz : a. piece of land situate in Lynn, in the county of Essex, containing about four acres, bounded by Xew- hall. Sagamore and Beach streets, and land of Abner Newhall and others. Also, about three acres of tillage land in said Lynn, bounded southeasteidy by land of B. Breed and others, south- westerly by Newhall street, notrhwesterly by land of Doctor AVeeks and others, and northeasterly by land of Doctor New- hall and others, with the one half of a dwellinsr house thereon. 6GS 185; -Chap. 57—59. Proviiled. Also about four acres of marsh land in Saiigus, in said county of Essex, adjoining land of said Thomas F. Newhall. Also one undivided half of about four acres of marsh land in said Sau- gus, owned or held in common with said Thomas F. Newhall. Also about two acres of marsh land in Chelsea, in the county of Suffolk at the Pines, (so called.) Also about twelve acres of pasture land in Swampscott, in said county of Essex, being the only land owned by said Francis in Swampscott. And the net proceeds of such sale or sales shall be taken and held and invested in other real estates, stocks or securities, by the said Thomas F. Newhall, upon the same trusts and for the same purposes as the said lands are now held by him : provided, however, that previously to any sale, the said Thomas F. New- hall shall give bonds with sufficient sureties, to the judge of probate for the county of Essex, for his acts and doings in the premises, and to account for and dispose of the proceeds of said estate, according to said wall and the trusts therein created in reference to said estate. , [^Approved by the Governor, April 27, 1853.] Chap. 58 Lyclia Wvman permitted to marry again. Resolve on the Petition of Lydia Wyman, of Athol. Resolved, For the reasons set forth in the said petition, that Lydia Wyman, of Athol, in the county of Worcester, from whom her late husband, Amos Wyman, has obtained a divorce from the bonds of matrimony, be and she is hereby authorized and permitted to marry again in the same manner as though she had never been married. [Approved by the Governor, April 27, 1853.] Treasurer of Herring Pond Indians author- ized to distribute Cluni. 59 Resolve on the Petition of Solomon F. Webquish and others. Resolved, That the treasurer of the Herring Pond Plan- tation is hereby authorized and directed to distribute the sura $500 equally, etc. of fi^c hundred dollars, out of the money received from the sale of burnt wood on the common lands of said plantation, equally among the persons who received allotments of laud in the division made under an act passed the sixth day of April, in the year of our Lord eighteen hundred and fifty, entitled " An Act concerning the Plantation of Herring Pond ; " jJ^o- vided, that if any such person has deceased since such division, or shall decease before the distribution herein provided for, the share of said sum of five hundred dollars, w^hich would have been payable to such person hereby, shall go to such of his or her children, if any, as took no share in their own right, in the division aforesaid, and in no case to any other person. And this resolve shall take effect from and after its passage. [Approved by the Governor, April 21, 1853.] Proviso. 1853. Chap. 60—61. 669 The JOINT SPECIAL COMMITTEE, to which was referred an or- (J]i(xv) gO der directing an inquiry into the expediency of suitably noticing, by the government of the state, the death of the vice presi- dent of the United States, have considered the same, and sub- mit the following preamble and resolves. For the Committee, J. Nayson, Chairman. Preamble and Resolves in relation to the Death of the Vice President of the United States. ^ ,^ ,^.„. Death of William TVhcreas, It has been officially announced that the Hon. pre^j^n'ro? William R. King, Vice President of the United States, died united states, , . ... 'All 1 -I o 1 • 11 resolutions of at his residence in Alabama on the loth instant ; and whereas coudoience. it is fitting that this melancholy event should be appropriately noticed by the authorities of the state ; therefore be it Resolved, By the Senate and House of Representatives of [Massachusetts, that the intelligence of the decease of Vice Pre- sident King is received by the government of this state with sentiments of profound sorrow and regret ; that we sin- cerely deplore this dispensation of Providence, which has re- moved from the stage of action the second officer of the nation ; one who has so long and so ably dedicated his talents, and the best years of his life, to the service of his country. Resolved, That the condolence of the government of Mas- sachusetts is herewith respectfully tendered to the family and friends of the distinguished deceased, with whom, as with the president of the United States, it deeply sympathizes in their great and irreparable loss. Resolved, That, as a further manifestation of the high re- spect which this state entertains for the pure and dignified character and the exalted station of the late William R. King, the national standard be suspended from the State House at half-mast during the remainder of the session. Resolved, That the foregoing preamble and resolves be transmitted to his excellency the governor for his signature ; and that he be requested to forward official copies of the same to the family of the deceased, and also to the president of the United States, and the executive of Alabama. [Aj)proved by the Governor, April 0,9, 1853.] Resolve on the Petition ofPhilip Ilall and others, Trustees of the Minis- Chap. 61 terial Fuiul in Nortlifield. Resolved, That, for reasons set forth in said petition, the saie of land by , ,. . . ^ , , . , , 1 •! T ii trustees of min- sale 01 a certain piece oi land witli the buildings thereon, istoriai fund of situate in Northfield, in the county of Franklin, bounded on sodet7 hTNorth- the east by the street, south and west by the land of Pluneas fi«w confirmed. Wright, and north by the meeting house lot, made by Pliihp 670 1853. -Chap. 61—63. Hall, and others, trustees of the ministerial fund of the first religious society in said, Northfield, to Oliver C. Everett, for the sum of eighteen hundred dollars, be, and the same is hereby confirmed, and a certain deed given by said trustees to the said Everett, of the same real estate, be, and the same is hereby declared good and valid, to pass a fee simple in said real estate to the said Everett : provided, nevertheless, that the said trustees shall hold the said eighteen hundred dollars received for said real estate, for the same objects and purposes, and under the same conditions, restrictions and limitations, contained in the indenture made by the original donor to the said trustees. [Approved by the Governor, April 30, 1853.] C7iap. G2 ?1000 to each state normal school to be ex- pemled by Board of Education in aid of those mem- bers of school who find it diffi- eult to meet the expense of at- tending the same. Resolve for aid to Attendants on the State Normal Schools. Resolved, That, as the attendance on the state normal schools is more expensive to persons living remote from them, than to those living in or near the towns where they are situated, and as the wages paid for teaching in the public schools are usually less in towns thus remote, than in those in- the immediate vicinity of said schools, where an increased interest in education is generally created through their influ- ence ; from and after the first day of April in the year of our Lord one thousand eight hundred and fifty-three, the Board of Education shall be authorized to receive annually, on their rec[uisition, from the treasurer of the commonwealth, in con- formity with the provisions of the two hundred and nineteenth chapter of the laws of eighteen hundred and forty-six, a sum not exceeding one thousand dollars for each of the state nor- mal schools, to be expended in aid of those members of said schools who find it difficult to meet the expenses necessarily incurred by attending the same ; the distribution of said sum to be left to the discretion of the board, after consulting the principal of each school where such aid is rendered. [Ap- proved by the Governor, April 30, 1853.] Chap. 6 3 Resolves concernini Indexes to gen- eral court records to be printed. the Pieparing and Printing General Court Records. the Indexes of the Resolved, That the person employed under the resolve passed the thirteenth day of May, eighteen hundi-ed and fifty- two, entitled a "Resolve in relation to the General Com-t Records," be authorized to prejiare and print suitable indexes to the said records ; that the compensation of said person shall be four dollars for each day's work ; that such work shall be done under the supervision of the secretary of the common- wealth, who shall appoint an assistant clerk, if in his opinion 1853. Chap. 68— G4. 671 it be necessary, whose comj)ensation shall be determined by the governor and council. Resolved, That the governor of the commonwealth cause loo copie? of first one hundred copies of the first two volumes of the general graeraUMirt" court records to be printed ; that said printing be done under priuted.'" ^^ the supervision of the secretary of the commonwealth, who may appoint some suitable person to prepare said volumes for printing, and take charge of the same, and the compensation of such person shall be determined by the governor and coun- cil. [Approved by the Governor, May 2, 1853.] Resolve on the Petition of Noah K. Skinner and others, Trustees of the (J}i(m fiA Mctliodist Episcopal Church, lately worshijiijing in Itichniond street ^ in Boston. Resolved, That, for reasons set forth in said petition, Noah Trustees of K. Skinner, Isaac Harding, Thomas Bagnell, Jr., John Mc- cop;u°churchTn Field, James Eitchie and Austin Gove, who are the grantees ized'to 'complete named in a deed from :Micah Dyer, dated July 19, 1844, and [hei™rfbr°^ recorded with the registry of deeds for Suffolk county in lib. *'?''!^^^ of real 547, fol. 174, and who are therein described as " the trustees of the ^Methodist Episcopal Church worshipping in Richmond street iii said Boston, being the officers of said church duly authorized according to the rules, discipline and usages thereof, to take and hold property for the use of said church," be hereby fully authorized and empowered, and that the surviv- ors of them, if one or more should die before this authority and power can be carried out, be also authorized and empow- ered to complete the agreement made by said trustees' agent, INIicah Dyer, as mentioned in said petition, for the sale of all the real estate described in the deed aforesaid, with the struc- tiu'es thereon, and the privileges and appurtenances thereto belonging, and that said trustees, and the survivors of them in the contingency aforesaid, be further authorized and em- powered to make, execute, acknowledge, and deliver a good ^'^'^^ exeecute a and sufficient deed to transfer and convey, according to said cient deed, etc. agreement and for the consideration therein mentioned, all of said real estate with the structures thereon and the privileges and appurtenances thereto belonging, to the purchaser, in fee simple, free and discharged from all the trusts, conditions, restrictions, confidences and incumbrances described in the deed aforesaid, other than the mortgage therein mentioned, to the president and fellows of Harvard College, and other than the interest of said !Micah Dyer under said deed, to the trus- tees, or as mortgagee of said premises. And the deed of the trustees to the purchaser of the real estate herein referred to, in compliance with this resolve, shall be forever hereafter 612 1853. -Chap. 6i— 68. Chap. deemed and taken to be legal and binding upon all persons, and valid and effectual to vest the title of said premises in the purchaser in fee simple free and discharged from all the trusts, conditions, restrictions, confidences and. incumbrances described in the deed to said trustees, except as aforesaid. [Approved by the Governor, May 2, 1853.] 65 Resolve on the Petition of the Overseers of the Poor of the Town of Winchendon. $93 to treasurer of Winchendon for medical and funeral charges James Dary. Resolved, For reasons set forth in said petition, that there be paid, out of the treasury of this commonwealth, to the treasurer of the town of Winchendon, for the medical and funeral charges of James Dary, a state pauper, the sum of ninety-three dollars in full ; and that the governor draw his warrant there- for. [Approved by the Governor, May 2, 1853.] 0/lCtp. 66 Resolve for the Payment of the Contingent Expenses of the Council, Legislature, and various Offices in the State House, for the year one thousand eight hundred and fifty-three. Resolved, That there be paid, out of the treasury of the ffnt'el^enses*''^" commonwealtli, to the sergeant-at-arms, a sum not exceeding etc- two thousand dollars, to enable him to defray certain contin- gent expenses for the general court and the various offices in the State House during the present year ; and also to pay any sum not covered by the appropriations made for the same pur- poses in the year one thousand eight hundred and fifty-two, and that warrants be drawn accordingly. [Approved by the Governor, May 2, 1853.] t hap. o7 Resolve concerning the Secretary of the State Board of Agriculture. $150 to pay trav- Resolvcd, That all the necessary travellinoj expenses incur- elling expenses, ^ f ^ -n !/•*•• etc., of secretary red by the Secretary of the Board of Agriculture in the per- agricuiture. formaiice of his official duties, and all postages and other necessary expenses, not exceeding the sum of two hundred and fifty dollars per annum after being approved by said board, shall be paid out of the treasury of the commonwealth, and the governor is authorized to draw his warrant accordingly. [AjJproved by the Governor, May 4, 1853.] Chap. 68 SlOO to repair Khoda Jaha'8 dwelling house. Resolve in favor of Rhoda Jaha. Resolved, That, for reasons set forth in her petition, there be allowed and paid out of the treasury of this commomvealth, to Amos Shumway, guardian of the Dudley Indians, the sum of one hundred dollars, for the purpose of repairing the dwelling house of Rhoda Jaha ; and that his excellency the governor be authorized to draw his warrant accordingly. [Approved by the Governor, May 4, 1853.] 1853. Chap. 69— TO. 673 Resolve on the Petition of Frederick W. Dickinson and others. Chan 69 Resolved, For the reasons set forth in said petition, that ^^''"''y^*^?' trustee uutuor" full power and anthority be, and hereby is granted to Henry ipa to change Dawes, of Boston, trustee of Eliza W. Dickinson, to sell and EiLa w.'^Dickin- convey, at public or private sale, all the share in the estate of DMiiei^u^kinson Daniel Dickinson, of Boston, late deceased, testate, the life ^onai estte.^"' interest in Avhicli the said Eliza W. Dickinson now enjoys, and to change the same from real estate to personal estate, and to pass a full and complete title to the same to the purchaser or purchasers thereof, free and discharged from all trusts and claims whatsoever, he, the said Henry Dawes, first giving bond, with sufficient surety or sureties, to be approved by the judge of probate for the county of Suffolk, conditioned faithfully to exercise the said power, and to apply the proceeds of said sale or sales, in the manner and upon the limitations set forth and declared in the will of the testator. [Approved by the Gover- nor, May 4, 1853.] [Report and Resolutions on the Deaths of Henry Claj^, Daniel Webster, CTiny) 70 and John C. Calhoun.] ^ ' The joint special committee to which was referred the commu- "Report of com- c ^ • ^^ ^i i*i t mittee on the nication of his excellency the governor, enclosing the proceed- death of ciay, iiigs of the legislature of South Carolina upon the subject of the c^oun.^"^*^ deaths of Henry Clay and Daniel Webster ; also the proceed- ings of a meeting of the citizens of Charleston, called by the mayor, " to pay a fitting tribute of respect to the late illustri- ous statesman and jurist" of our state, beg leave respectfully to submit their report. Your committee take a melancholy pleasure in resj)onding to the Toice of earnest and deeiD-felt sympathy from a sister state, in the u-reparable loss which our commonwealth and the nation have experienced in the death of our distinguished son. We listen to these words of sym- pathy as an earnest of the strength of that fraternal tie which binds us together in patriotic devotion to the free institutions of our countiy, and to the memoiy and reputation of those great men who spent their lives in illustrating and adorning them. A tribute of respect from South Carolina to the memory of Daniel Webster, recalls the proud and " pleasing recollec- tions" of the history of either commonwealth firmly united in the sympathy of common suffering in a common cause. Shoulder to shoulder they went through the revolution, hand in hand they stood round the administration of Washington, and it is now fit, that side by side they should follow the hearse of the great statesmen of the century, and guard with hallowed cai-e their graves and their memory. With South Carolina, 72 674 1853. Chap. TO. we sympatliize with the pioneer state of the west in the loss she was called to meet in the death of her eminent orator and • senator, Henry Clay, and the nation and the world, in mourn- ing with Kentucky for his death, will recall the memory of that distinguished son of the south, who completed the trium- virate of talent, eloquence, and statesmanship. Nowhere was the intellectual power and self-sacrificing patriotism of Calhoun better acknowledged, than by our own commonwealth. We claim a part in his reputation and history ; we would share in the honor wliich he shed upon the state to which he was so fondly attached. The committee unanimously submit the following RESOLUTIONS. teKis/aturr °^ Rcsolved, That the legislature of Massachusetts has received, with melancholy satisfaction, the resolutions of the General Assembly of South Carolina, and the proceedings of the city of Charleston, upon the occasion of the death of Daniel Web- ster. Differing with our great statesman as most of the citi- zens of that state did in many of the political opinions and measures which have agitated the country, we receive its elo- quent tribute of respect and sympathy in the fraternal spirit with which it has been offered. Resolved, That the memory of the great statesmen of South Carolina, Kentucky, and Massachusetts, who have followed each other in such rapid succession to the resting-place which " knows no party," is cherished with fond pride, and the elo- quent sentiments of condolence expressed in the resolutions of a sister state, and fellow-mourner are most sincerely recip- rocated in view of the loss which she and the nation have ex- perienced in the death of him who so tenaciously guarded her honor, and added so much to the lustre of her history. Resolved, That his excellency the governor be requested to communicate to the general assembly of South Carolina, and to the mayor of the city of Charleston, a copy of the foregoing report and resolutions. Alfred A. Abbott, G. Washington Warren, Otis P. Lord, Charles N. Emerson, Joseph Duncklee, Francis Boyd, LuciAN Marcy, Passed in the House of Representatives May 3, and in the Senate May 4, 1853. [Approved by the Governor, May 4 1853.] of the Senate. of the House. 1853. Chap. 71—74. 675 Resolve on the Petition of Richard Leonard. Chan 71 Resolved, For reasons set forth in said petition, that Rich- Act of uichard arc! Leonard, of Iluhbardston, in the county of Worcester, an"o/Lucy"jane guardian of Lucy Jane Leonard, his minor daughter, he al- to^sXVre'^a'i'"^ lowed and authorized to file, in the court of probate for said germed""" county, his affidavit and a copy of his notice of a sale by him as guardian of said minor, of her interest in certain real estate, situated in said Iluhbardston, in pursuance of a license of said court granted on the third day of February, one thousand eight hundred and fifty-two : and that the same shall be as effectual to perpetuate the evidence of the time, place and manner of giving such notice, as though the same had been done by him within one year after the sale thereof: provided, Provided, said affidavit and copy be so filed within six months from the passage of this resolve. [Approved by the Governor, May 10, 1853.] Resolve concerning River Head Beach, in Marblehead Harbor. Chnv) 7^ Resolved, That the governor, with the advice of the council. Commissioner to , I'j • •• c • examine River be authorized to appoint a commissioner oi competent science iiead Beach ana and skill, with power to examine E,iver Head beach, and the etc.^'^ ^^^°'^' sea wall thereon, in Marblehead harbor, and to remove and*^ prevent any encroachments or structures on said beach between high and low water mark, which he may deem injurious to said harbor, or dangerous to vessels therein during storms, and to report his doings in the premises, with suggestions for the preservation of said beach and harbor, to the governor, when required : provided, all expenses incurred under this resolve shall be paid by the town of Marblehead. [Approved by the Governor, May 10, 1853.] Resolve concerning the Legislative Journals. C/lCip. 76 Resolved, That the secretary of the commonwealth cause Secretary to '.,.«' , cause legislative the series of legislative iournals, laws and resolves, now in the journals etc., to ,., '^ , '' ^ 111- ••! be completed for state libraiy, to be completed under ms supervision, by copy- use of state ing originals in his office or otherwise. [Approved by the '^^' Governor, May 10, 1853.] Resolve on the Petition of Otis Tufts and James D. Green. CIlttT) 74 Whereas, James D. Green is trustee for the benefit of Ezra Relating to con- Green, of Maiden, in the county of Middlesex, with remainder by james d. to the lawful issue of said Ezra, under the will of Bernai-d to'^i^ra Green. Green, duly proved and allowed by the judge of probate for said county of Middlesex, on the second day of September, in 676 1853. Chap. 74—76. the year eighteen hundred and thirty-four, and under the will of Timothy Diman, duly proved and allowed by the judge of probate for said county of Middlesex, on the fifteenth day of March, in the year eighteen hundred and thirty-six, and under a deed of Charles Lewis and William H. Richardson, recorded with Middlesex deeds, book 427, page 59: and, whereas the said James D. Green has made three conveyances to the said Otis Tufts, and whereas doubts have been raised as to the validity of said conveyances, and the said Tufts and Green have pre- sented their petition praying that such sales may be ratified and confirmed. Therefore, Sales and con- Resolved, That for the reasons set forth in said petition, amTconfirmed? the Said salcs and conveyances by said James D. Green to the said Otis Tufts, recorded with Middlesex deeds in book 516, page 52, book 564, page 421, book 594, page 133, be and the same are hereby ratified and confirmed and made good and valid in law and equity. Said trustee ResoIvcd, That the said James D. Green be and he is hereby authorized to ,. .• fell wiioie or authorizcd and empowered to sell the whole or any portion ut^>, etc™*^ *^' of said real estate on such terms as he may deem for the in- terest of the cestui qui trusts. [Approved by the Governor, May 11, 1853.] Chw. 75 Resolve for the luterchaiige of Laws, Law Reports, and other Public ^' Documents. Public docu- Resolved, That the secretary of the commonwealth be au- mentB to be sent i-t • ^ -\- • i i ... in exchange, etc. thonzcd to transmit, at the chscretion and on the requisition of the trustees of the state library, copies of the laws, law re- ports, and other public documents of Massachusetts, to the several states of the Union, the British provinces, and other foreign states, in exchange for similar publications of said states and provinces. [Approved by the Governor, May 11, 1853.] Chap. 76 Resolve on the Petition of the Trustees of the Punchard Free School. Interest on Rcsolved, For rcasoiis set forth in said petition, that the fuiui to be used trustecs of the Punchai% free school in Andover, are hereby school ho°i^e, etc. authorized and empowered to make use of the interest which has accumulated on the Punchard free school fund, and which shall accumulate to the first of July next, for the purpose of procuring land and erecting a school house thereon, in compli- ance with their duty as trustees of said Punchard free school. [Approved by the Governor, May 11, 1853.] 1853. Chap. 77—80. 677 Resolve relating to Jails. Chat), 7 7 Resolved, That his excellency the governor, with the ad- commissioner to vice and consent of the council, be hereby authorized to ap- hi common* """^ ^ point a commissioner, whose duty it shall be to examine the '^'^^^^' '■''•^• various jails in the commonAvealth, Mith reference to the ap- pointment of matrons to take charge of the female department, and also the introduction of labor generally, and report at the next session of the legislatiu-c. [Aj}j)roved by the Governor, May 11, 1853.] Resolve concerning tlie Quarter master General's Department. Chan 7S Resolved, That the sum of two thousand and two hundred f|'^°°gg'°„f ^^""y dollars be, and the same is hereby appropriated to defray the ex- quarter master penses of the quarter master general's department, for the cur- department, rent year, in addition to the amount unexpended, of appropria- tion for the year 1852, and that warnuits be cU-awn accordingly. [Approved by the Governor, May 12, 1853.] Resolve for Repairs on the State House. Char) 70 Resolved, That the sum of ten thousand dollars be, and sio.ooo for hereby is appropriated to defray the expense of incidental re- repiurs, and for pairs upon the State House, and for the purchase of necessary necessary micics articles of furniture during the present yeai", for the use of °^ f»^'"'»""«' «*<^- the legislature, and the various offices connected there^vith ; and that the same be expended under the direction of the sergeant-at-arms and the committee on "public buildings." And whereas, by the act of April twenty-seventh, one thousand eight hundred and fifty-tlu-ee, relating to the enlargement of the State House, the commissioners to be appointed for that piu'pose are empowered to erect a building in conformity to any alterations in and additions to the plan therein referred to, including an enlargement of the hall of the house of represen- tatives, which may be approved by the governor and council, the said commissioners, under the advice and direction of the governor and council, are authorized, if found necessary to complete said enlargement according to the directions of said act, to expend an additiomd sum, not exceeding fifteen thou- si5,ooo for sand dollars, for such jjurpose. [Approved by the Governor, state iiouse. May 14, 1853.] Resolve in relation to the State Prison. Cluin 80 Resolved, That there be appropriated for the use of the »i5,500 for use , ,. ,, ^^ • TT . f. , 1 of «tate prison. state pnsoa the lollowing sums, viz : lor repairs oi shops and for additional shop room, the sum of two thousand five hun- 72« 678 1853. Chap. 80—83. drecl dollars ; for the use of the hospital department, the sum of eight thousand dollars ; and to pay arrearages, the sum ' of five thousand dollars ; making in the aggregate the sum of fifteen thousand five hundred dollars, to be expended by the inspectors, warden, and physician of said prison, under the direction of the governor and council, and that warrants be drawn accordingly. [Ajjproved by the Governor, May 16, 1853.] Phfin SI Resolves in favor of Peaceful Substitutes for War. controverMes, Rc?,olvcd, That wc dccm it both proper and desirable for etc., to be decided r ^ tt • i o i • i i by umpires. the government oi the United htates, whenever practicable, to secure, in its treaties with foreign powers, a provision for referring to the decision of umpires, all controversies that cannot be satisfactorily adjusted by negotiation. To be transmitted Resolvecl, That the govcmor be requested to transmit these to seiifitor.s .-ind i • i i • representatives rcsolutions, and the accomjjanyiug report, to our senators and in congress. representatives in congress, with the expression of our desire that they will use their influence, in such way as they may deem best for the accomplishment of this object. \_Approvcd by the Governor, May 23, 1853.] Chat) 8'^ Resolve for Revision of the Laws relating to Insurance, commisiiioners to Resolved, That the governor, with the advice of the coun- dige.st insurance •■, ■, i-t • •• ^ i iawsoftiii.s cil, be authorized to appoint two commissioners, whose duty iutVoue'act. it shall be to revise and digest into one act all the general statutes of this commonwealth, upon the subject of insurance, with power for that purpose to examine the books, and also the officers and agents, under oath, of any insurance company incorporated by this commonwealth, upon all matters relating to the practice of insurance under said statutes, and report their doings in the premises to the next general court ; and said commissioners shall keep an account of all their actual services and expenses in executing said commission, to be duly au- dited and allowed by the governor and council, and paid by warrants upon the treasury duly drawn for that purpose by the governor. [Approved by the Governor, May 25, 1853.] CJmn S^ Kesolve on the Petition of Eunice B. Hall. Act of Euiiice B. Rcsolvcd, For rcasous set forth in said petition, that Eunice trix of e."tate''of*^ B. Hall, of Mcdford, in the county of Middlesex, administra- n""ung'to sale txix with the will annexed, of the estate of Eunice Hall, late of real estate, of Mcdford, in thc countv of Middlcscx, Avidow, deceased, be authorized and allowed to make, file, and have recorded in 1853. Chap. 83—86. 679 the probate office for said county, licr affidavit, together witli a copy of the notice of her appointment as administratrix with the will annexed, as aforesaid ; and that the same shall be as effectual to perpetuate the evidence, and shall be admitted as such, of the time, place, and manner of giving such notice, as if the same had been made by her within one year after the date of her administration bond : provided, said affidavit and Provided. copy be so filed within six months from the passage of this resolve. \^Approved by the Governor, May 2o, 1853.] Resolves concerning the Education of tlie Deaf and Dumb of this Com- Clwp. 84 monwealth. Resolved, That whenever the trustees of the American asy- Governor, upon 1 TT c 1 1 n 1 • 11 1 representation, lum at Jtlarttord sliali represent to Ins excellency the gover- etc , may extend nor, that any of the pupils belonging to this commonwealth, certain pupUs in said institution, have attained to such proficiency in their *^'^° ^^'*'^' studies as to qualify them for admission into the Gallaudet high class, he may, with the advice of the council, extend the term for the tuition of such pupils two years : provided, that the Provided. number thus benefited shall not exceed six at any one time, and that the expenses therefor do not exceed the yearly sum now allowed for other pupils from this commonwealth in that institution. Resolved, That the benefits conferred by the foregoing Two pupils to , , '' o o }jave benefit of resolve, shall be extended to two pupils of this commonwealth, above resolve. who entered that class on the first of September, one thousand eight hundred and fifty-two, and that their accounts be audited and paid from that date. [Approved by the Governor, May 25, 1853.] Rasolve iu res^ard to Paying to Andrew J. Lewis the Expenses of his Ohcip. 85 Sickness. Rssolved, That there be paid to Andrew J. Lewis, out of *^2 to pay ' A , •' expenses of the treasury of the commonwealth, sixty-two dollars, to defray sickness of . . . *^ Andrew J. the expenses of his sickness while a member of the house of Lewis, representatives. [Approved by the Governor, May 16, 1853.] Resolve on the Petition of Benjamin French. C/lClD 86 Resolved, For reasons set forth in said petition, that Benja- Act of Benjamin min French, of Dunstable, in the county of Middlesex, exe- of »"iu of*john cutor of the will of John French, late of Dunstable aforesaid, tono't^ce'^of*''"^ decexscd, be authorized and allowed to make, file, and have c^'^firmed!"*' recorded in the probate office, for said county, his affidavit, together with a copy of the notice of his appointment as exe- cutor of the will as aforesaid ; and that the same shall be as 680 1853. -Chap. 86—90. Provided effectual to perpetuate the evidence, and shall be admitted as such, of the time, place and manner of giving such notice, as if the same had been made by him, within one year after the date of his bond as executor : provided, said affidavit and copy be so filed within six months from the passage of this resolve. [Approved by the Governor, May 25, 1853.] Chap. 87 $400 to pay expenses, etc., of military companies on duty at Charles- town, etc Resolve providing for the Payment of certain Military Expenses. Resolved, That the quarter master general be authorized and directed to audit the several bills incurred for rations, music, and other expenses by those military companies who were on duty at the time of the late apprehended riot in Charlestown, and received no pay for their services, and that said bills be paid by him out of any moneys in his hands not otherwise appropriated, not exceeding in amount four hundred dollars. [Approved by the Governor, May 25, 1853.] C/iap. 88 $100 to pay expenses of Jonathan G. Royce. Resolve concerning the Payment of the Expenses of Jonathan G. Royce while sick. Resolved, That there be paid out of the treasury of the commonwealth, to Jonathan G. Koyce, one hundred dollars, to defray the expenses of his late sickness while a member of the house of representatives. [Approved by the Governor, May 16, 1853.] a/iap. 89 $1,100 to city of Roxbury. Resolve in favor of the City of Roxbury. Resolved, That for reasons set forth in the petitions, and agreeable to an act passed April twentieth, one thousand eight hundred and thirty-seven, entitled An Act concerning the Public Health, there be allowed and paid out of the treasury of the commonwealth to the treasurer of the city of Roxbury, the sum of one thousand and one hundred dollars, and that the governor draw his warrant accordingly. [Approved by the Governor, May 25, 1853.] Chap. 90 I^csolve concerning the Payment of Expense of Francis Coggswell, du- ring his Sickness. $75 to F. Coggs- well, to pay expense of sickness. Resolved, That there be paid to Francis Coggswell, from the treasury of the commonwealth, the sum of seventy-five dollars for defraying the expense of his late sickness while a member of the present general court. [Approved by the Governor, May 25, 1853.] 1853. Chap. 91—94. G81 Resolve granting aid to the New England School of Design for Women. CJlCip. 91 Resolved, That the sum of fifteen huncked dollars annually, foVrr^yoTrsf ' for three years from the first day of June next, be Appropriated *° j^\^- ''^j'°''i to the support of the New Enghmd school of design for wo- women. men, and paid in quarterly payments ; the said amount to be deducted from the proceeds of the public lands set apart as a school fund, according to the provisions of the act of the year 184G, chapter 219, and that his excellency the governor be authorized to draw his warrants accordingly. [Approved by the Governor, May 25, 1853.] Resolve for purchasing additional Land for the State Prison. CJlCin 92 Resolved, That the inspectors and warden of the state pri- inspectors etc., 1 1-1 1 r ^ 111 authorized to son be authorized tjo purchase, lor the commonwealth, the purchase lands estates known respectively as the Foss and Murdock estates, situated on opposite sides of Washington street, in the city of Charlestown, or either of them, as bounded and described in the plan of the prison grounds, made in the year one thousand eight hundred and fifty-two, and filed in the office of the secretary of state ; the terms of such purchase to be subject to the approval of the governor and council ; and the governor is authorized to draw his warrant accordingly. [Ajpproved by the Governor, May 25, 1853.] Resolve for the Appointment of Commissioners in relation to Charles Olldp. 93 River and Warren Bridges. ^ Resolved, That his excellency the srovernor be hereby au- commissioners . ' . ."^ ~ ^ T . t-o ascertain best thorized to appoint, bv the advice and consent of the council, mode of ■. .'. *, , •Till •• T repairing Charles tm-ee commissioners, whose duty it shall be to inquire and River and ascertain the best mode of repairing Charles River and War- '^^^^ " ^^^' ren Bridges, or cither of them, and also to consider and ascer- tain the best method of providing the means for their future support ; whether there are any rights of w^ay or other rights of property connected with the said bridges or either of them, which may be disposed of for this purpose ; and if a resort to tolls for a definite period should be recommended, w^hat rates of toll should be established, and for w^hat term of time ; and that said commissioners make their report to the next legisla- ture during the first week of its session. [Aj)]jroved by the Governor, May 25, 1853.] Resolve to pay the Expenses of the Sickness of Benjamin Manter. C/lCip. 94 Resolved That there be alloAved and paid to Benjamin ^^^^^''^j Manter, the sum of thii'ty dollars, in full for the expenses of exceeding $300,000 682 1853. Chap. 94—98. sickness of his slckncss whilc ill attendance as a member of the senate of enj. an e . ^^^^^ commonwealth, and that a warrant be drawn accordingly. [Approved t^y the Governor, May 25, 1853.] Chew 95 Resolve authorizing the Treasurer to borrow 'Money in anticipation of ^' the State Tax. Treasurer Rcsolved, That the treasurer be authorized to borrow, in borrow, not anticipation of the state tax, such sums of money as may be necessary from time to time, for the payment of any public debt Avhich may fall due in the present year, and that he re- pay any sum he may borrow as soon as money sufficient for the purpose, and not otherwise appropriated, shall be received into the treasury : provided, that the whole amount borrowed by virtue of this resolve, and remaining unpaid, shall not at any time exceed the sum of three hundred thousand dollars. [Approved by the Governor, May 25, 1853.] Cheep. 96 Resolve concerning the Commissioners to the World's Fair. Commissioners to Whcrcas, There is to be held this year in the city of New York, an exhibition or World's Fair, and as said exhibition is open to the industry of all nations, and to, be represented by commissioners and exhibitors from several of the states of this Union, and of the nations of the world, it is Resolved, By the legislature, that his excellency the gover- nor be authorized, by and with the advice and consent of the council, to appoint an honorary board of commissioners to represent this commonwealth at said exhibition. [Approved by the Governor, May 25, 1853.] ClwbX) 97 Resolve concerning the Valuation of 1851. Auditor to Resolvcd, That the auditor of accounts be directed to inform furnish to county .1 , • . r ^n i i* ii ^ commissioners a the couuty comnussioucrs lor the several counties, that errors schedufe'^ etc. h^vc been discovered in some of the computations connected with the *' valuation" of the polls and property of the com- monwealth, as established by the two branches of the legisla- ture, by concurrent vote, April 28, 1851, and to furnish to said commissioners a correct schedule thereof, so far as relates to the column under the head of " Tax on one thousand dol- lars, including polls at half a mill each." [Approved by the Governor, May, 25, 1853.] Chap. 98 Resolve for the Payment of Mr. Bumpus, while sick. s25toc. c. Resolved, That there be paid from the treasury of the com- umpustopay monwcalth, to Ccphas C. Bumpus, of Plympton, the sum of 1853.— i^Chap. 98—99. 683 twenty -five dollars, for the payment of his expenses while sick, expenses of while a member of this legislature. [Approved by the Gover- nor, May 25, 1853,] Resolve in favor of selling the Fire Engine and other Property in State (7/i^» 99 House. ^ ' Resolved, That the sergeant-at-anns be directed to dispose fo^fren^tne*™"' of the engine on the lower floor of the State House, and all etc. useless furniture which is not required nor will be used in the building, and that he be directed, to procure with the fund accruing from sale of engine and furniture, a force pump to be located at the west end of the State House, in vicinity of large cistern, and pay the balance of proceeds into the trea- sury, [Approved by the Governor, May 25, 1853.] INAUGURAL ADDRESS OF HIS EXCELLENCY JOHN H. CLIFFORD. Repkesentatr-es' Chamber, Jan. 14th, 1853. At twelve o^clock, His Excellency the Governor, accompa- nied by His Honor the Lieutenant-Governor, the members of the Executive Council, and the various officers of the government, attended by a Joint Committee of the two Houses, and the Sheriff of Suffolk, met the Senate and House of Representatives in convention, and delivered the following ADDRESS. Gentlemen of the Senate and of the House of Representatives : — We enter upon the discharge of the honorable duties which have been respectively assigned to us by the favor and confi- dence of our fellow-citizens, at a season of signal prosperity in public and private affairs, which calls for a devout and grate- ful recognition of that beneficent Being, in whose hands are the destinies of nations and of men. Nor should our gratitude for what He has given us be less fervent, when we reflect, as we cannot fail to do on an occa- sion like this, upon what in His wisdom it has pleased Him to take away. The past year will be memorable in our annals for the singular mortahty which it has witnessed among the distinguished men of the country, and especially of oiu* own commonwealth. We have been called to unite with the 78 686 GOVERNOR'S ADDRESS. bereaved circles of private friendsliip^ in mourning the depart- ure of those who have fallen in the midst of their labors in the public service, and of others who had retired from various spheres of public duty, which they had worthily and honorably filled. Of those who were in the immediate service of the State or the Nation, the names of Rantoul, of FoAvler, and of Thompson, in our own congressional delegation — and of Henry Clay, whose fame belongs not more to Kentucky than to the whole Union, will readily suggest themselves to your minds. But I should do injustice to my own feelings, and fail to meet your just expectations, if I did not more particularly refer to the recent removal from the public councils, as well as from the largest sphere of personal and social influence, of one, at whose departure Massachusetts has had the nation for her fellow-mourner, and the civilized world a sympathizer in her grief. In the death of Daniel Webster, we can find nothing to mitigate our profound sense of the loss of such an unrivalled intellect, and of such ripe experience from the councils of the country, but a reverent faith, such as hallowed and consecrated his closing hours upon earth, in that over- ruling Providence, " whose wisdom it behooves us not at all to dispute." Massachusetts, in whose service so large a por- tion of his life was passed, and whose name and history have become so identified with the exhibition of his matchless powers, will cherish, as among her chief treasures, the memory of this illustrious statesman ; and in the darkest hours wliich the future may bring to her, her people will recur to Iris re- corded wisdom for their guidance and counsel. The administration of the National Government, of which at his death he was so distinguished a member, is soon to surrender into other hands the duties and res^Jonsibilities with which it has been invested, during four years of a most critical experience, both in our internal and foreign affairs. For the manner in which it has performed those duties, and met those responsibilities, it may safely appeal to history, as it can now confidently repose upon the unbiased judgment of the country. We have lately witnessed a recurrence of that imposing spectacle, the best test of the stabihty and perpetuity of our Republican institutions, which is presented in a presidential election. After an excited contest, which in any other coun- try would scarcely be terminated without a resort to the sword, more than twenty millions of people have simultaneously, intelligently, and without violence, signified, through the forms of the Constitution, their choice of a ruler, to guide for the coming four years the destinies of this great empire. Whatever hopes or interests may have hung upon a different GOVERNOR'S ADDRESS. 687 result, the result once ascertained and declared, is submitted to -without a murmur of dissent, and the machinery of the Government moves quietly on, to carry out the beneficent purposes of the Constitution. No feeling of distrust or des- pondency among any portion of the people accompanies its movement, nor is it embarrassed by any factious opposition. In giving her vote to the distinguished citizen, who, through a long career of illustrious services, had proved his patriotism and his title to the confidence of his country, jMassachusetts finds herself in opposition to a very lai-ge majority of her sister States. But she will be ready to unite with them all, in sus- taining every patriotic purpose, and upholding every sincere effort, which may be exhibited by those to whose hands have been confided the Government of the country, for maintaining the Constitution, perpetuating the Union, and promoting the prosperity of the people. The relations sustained by the Commonwealth to the govern- ment of the Union, and the action of that government on the people of the several States, must be to us at all times matters of deep interest. It is our government, in the same sense, and within its constitutional sphere of action entitled to our loyal allegiance in the same degree, as the government of our own commonwealth. It was estabhshed, not as a league or compact between independent States, but as a government founded upon the voluntary suffrages of the whole people, in adopting the Constitution of the United States, and declaring it to be then- supreme law. While therefore we may properly give expression to our views and opinions respecting its action, and endeavor, through the authorized and constitutional channels, to influence that action in such dii'ections we may deem most promotive of the general welfai'e, I cannot regard it as any part of our duty, either as legislators or citizens, to exhibit our opinions at such times, and in such modes, as to produce no other effect than discord and ill-will ; or to endeavor, under their influence, to withdraw ourselves from the full perform- ance of our constitutional obligations. The people of the United States have a common history, and a common destiny ; and there are no adequate compensations to the interests of the human race, that will justify any action of states or of in- dividuals, which tends to impair the strength and integrity of that Union, under which the great cause of humanity has been so signally advanced and prospered. By the patriotism of our i^athers, and the favor of a good Providence, there has been established here a great liunily of states ; and we, as a people, can no more " calculate the value" of its Union, than we can, as 688 GOVERNOR'S ADDRESS. individuals, calculate the .value of the ties wliich bind us to- gether in the relations of domestic life. With respect both to the national legislation, and her duties to her sister States, Massachusetts early placed upon record her deliberate convictions ; and she has now no new ground, upon those subjects, for the first time to occupy. In her re- sponse to the celebrated Virginia Resolutions of 1798, she declared, that " being convinced that the Federal Constitution is calculated to promote the happiness, prosperity and safety of the people of these United States, and to maintain that union of the several States, so essential to the welfare of the whole, and being bound by solemn oath to support that Constitution, the Legislature feel it unnecessary to make any professions of their attachment to it, or of their firm determination to sup- port it, against every aggression, foreign or domestic. That they are persuaded that the decision of all cases arising under the Constitution, and the construction of all laws made in pursuance thereof, are exclusively vested by the peojjle in the Judicial courts of the United States. That thus, an amicable and dispassionate remedy is pointed out, for any evil which experience may prove to exist, and the peace and prosperity of the United States may be preserved. And finally, that they feel a strong conviction, that the several United States are connected by a common interest, which ought to render their Union indissoluble, and that this State will always co- operate with its confederate States, in rendering that Union productive of mutual security, freedom and happiness." I cannot doubt that, in the sober judgment of the people of this commonwealth, this conviction has been gaining strength, with the experience of every passing year since it was uttered. Not the least among the blessings which we have enjoyed, have been the judicial labors of that august tribunal, to which our fiithers refeii'ed, and to which we must refer, the ultimate determination of all questions, arising out of the national legislation, iipon which differences of opinion may arise amongst us. To that tribunal Massachusetts has recently availed herself of her right to appeal. The long pending controversy between us and our sister State of Rhode Island, concerning the true boundary between the two States, under the direction of the Executive, and in conformity with the expressed will of the Legislature, has been brought before the Supreme Court of the L^nitcd States for a final determination and adjustment. An order has been passed by the court, directing Rhode Island to appear and answer the bill in equity which Massachusetts has filed against her, and this protracted and vexatious contro- GOVERNOR'S ADDRESS. 689 vcrsy will now be decided, by an nmpiie in whose judgment, it cannot be doubted, both the parties will repose with entire confidence. Having been summoned from another sphere of the public service, the duties of which I have continued to perform until I was discharged from them by taking the oaths which have just now been administered to me, it will not be expected that upon this occasion I should enter into any de- tailed exposition of the affiurs of the Commonwealth. The opportunity of informing myself in respect to them will bo furnished by the reports of the various departments, and of several Boards of Commissioners, to whom have been in- trusted the supervision and examination of many important institutions and interests of the State. As these reports are received, I shall make them the subjects of such special com- munications as their contents may require. There ai'e, how- ever, certain topics which it is proper that I should noAV bring to the notice of the Legislatiire. The state of the -treasury is such as to require your careful attention. Without going into the details which have been furnished to me by the Auditor, and which will more appro- priately be laid before you in his report, and in that of the Treasurer and Receiver-General, it appears that there is a deficit in the ordinaiy revenues of the the past year to meet the expenchtures for the same period, of sixty-six thousand three hundred and fifteen 98-100 dollars. While the receipts for 1852 do not vary essentially from the estimate made and submitted to the Legislature by the Auditor in April last, the expenditures have greatly exceeded it. The excess over the estimate in the items of cost of Legislation and vState Print- ing, amount alone to about twenty-five thousand dollars. The cost of legislation has increased, during the last two years, in an unprecedented ratio ; the excess for the yeai-s 1851 and 1852 over 1841 and 1842, the corresponding years of the last decennial period, being the sum of one hundred and forty- four thousand and five hundi-ed dollars. In 1851 a loan of one hundred thousand dollars was authorized to supply the deficiency of revenue, upon the issue of five per cent, scrip, payable in two years, which falls due on the 1st of July of the present year, and must be provided for. If to this be added the deficit for 1851 and 1852, and the amount an- ticipated for 1853, together with further necessary appropria- tions for the new Limatic Hospital and State Almshouses, it is the estimate of the Auditor that there will be at least three hundred and sixty-three thousand dollars to be provided for, beyond the ordinary expenditui-e, without taking into the ac- 1Z» (390 GOVERNOR'S ADDRESS. count the expenses of tlie proposed Convention for revising the Constitution. Impressed as I am with the conviction that the law passed at the last session, providing for the calling of such conven- tion, is at least of doubtful constitutionality, — that all the amendments that are really desirable could be made in the manner prescribed for its own amendment in the constitu- tion itself, — that many of the declared objects for which a convention has been urged, could be attained by simple acts of legislation, — and that it is neither wise nor expedient to subject to a general revision and alteration, a frame of govern- ment under which the commonwealth has so eminently pros- pered,— thereby substituting experiment for experience, and subjecting the organic law, the only protection of the minority, to the capricious fluctuations of political parties, I cannot re- frain from expressing a regret, that for such an object an ad-^ ditional burden should at this moment have been cast upon the treasury. I submit to the wisdom of the legislature to devise such ways and means to replenish it, and to ensure its economical administration for the future, as our constituents have a right to expect from the government. If, in conse- quence of these unusual drafts upon it, there should be a ne- cessity for a resort to taxation, I am confident the people of this commonwealth, whose resources are limited only by their industry and intelligence, Avill more readily yield to that ne- cessity, than to the remotest imputation upon their good faith, which would result from a resort to any temporary expedients, that look to the postponement of their just obligations. At the last session of the legislature, provision was made for the sale of the entire body of the public lands oAvned by the commonwealth within the state of Maine. Under the au- thority vested in the commissioners, by the resolves then passed upon this subject, a proposition from certain individuals for the purchase of all these lands was received, which was ac- ceptable to the commissioners. The contemplated sale, how- ever, was not ratified by the governor and council, as Avas required by the resolves, and the sale was not consummated. I regard this result as fortunate, both for Massachusetts and Maine. For while I cannot doubt that it is clearly for the interest of this commonwealth to dispose of this property, it is as obviously for the interest of Maine that she should become the owner of it. The possession of so large a territory within her jurisdiction, by an individual or a private company, through which a power might be concentrated and exercised over the lumbering business, from the forest to the market, highly prejudicial to the government and the people of that state, could not but be regarded by both with serious concern. GOVERNOK'S ADDllESS. 691 "WTiile it cannot reasonably be expected that Massachusetts should receive a less price than the fair value of the property, or less than others arc ready to pay for it, considerations aris- ing out of our past relations to our sister state, and the obliga- tions of good neighborhood subsisting between us, suggest the propriety of our giving to Maine an opportunity to piirchase these lands at a fair price and within a reasonable time ; an opportunity which she has not yet enjoyed, as her Legislature has not been in session since the Commissioners were authori- zed to make the sale. If she declines to avail herself of this opportunity, I recommend that the lands be offered at public sale, in small parcels, for cash, or undoubted security. The security shoidd in no case be a lien upon the land or timber, but independent of both. Retaining such lien would render it necessary to Iceep up the machinery and expense of our land agency, or the transfer of its duties to some other depart- ment, and thereby defeat one object which we shoidd other- wise accom23lish by a sale of these lands, that of dispensing M'ith such an agency altogether. The public charities of the commonwealth, as embodied and expressed in those noble institutions for the relief of the poor, whom we have always with us, as well as the destitute and friendless stranger just cast upon our shores, and still more, those in which the state, with a godlike beneficence, ministers to the mind diseased, or stretches out a paternal hand to lead the vicious and the abandoned back to the ways of virtue, I would earnestly commend to your fostering care. All requisite in- formation to guide yoiu' action respecting them will be laid before you ; and I only desire in this connection to express my readiness to aid in any measures, which may tend to ele- vate and improve these cherished objects of the solicitude and regard of the people of Massachusetts. The cause of education has ever been regarded by our peo- ple as second to none of the great interests committed to the care and guardianship of the state. Among the first to enlist the warmest sympathies, and to secure the efficient aid of the early colonists, it has continued to receive from their descend- ants to the present hour, a constant, if not at all times an adequate support. Our colleges, founded and fostered by the wise and far-seeing liberality of individuals, from the two mites Avhich were cast into their treasuries by the needy pilgrim, to the princely munificence of their endowments in later days, cannot fail to be regarded with deep interest by an intelligent legislature. The manner in which they have been conducted, has secured for them the foremost rank among similar institu- tions in the country : and they now furnish to our youth the (i9o GOVEKNOE'S ADDRESS. opportunity of acquiring an education of enlarged and liberal culture. But the peculiar glory of Massachusetts is to be found in the origin and history of our system of Common Schools, which have been cherished and extended, until no child of the two hundred thousand living within her borders, may not, and there are fcAV who do not, receive in them the rudiments of a common education, at the pubHc charge. This, however, should be regarded but as one stage of our progress in the right direction. It should be the object of the Govern- ment, eventually to establish and maintain in them, a system of instruction so thorough and efficient, that every child may have furnished to him at the public expense, an education which will fit him adequately to discharge all the ordinary duties, both public and private, of a man and a citizen. This is an object worthy of the highest ambition of an enlightened and Christian commonwealth ; and no enlightened and Chris- tian commonwealth should rest satisfied until, this object is attained. That Massachusetts has proposed to itself this high purj)ose, its legislation for the last fifteen years — in the crea- tion of the Board of Education, — the institution and support of Normal Schools, — the establishment of Teachers' Institutes and School Libraries, — with other kindred measures, clearly indicates. The statistics which will be furnished to you from the office of the Board of Education, and to wliich, in this con- nection, I can only refer, will exhibit a gratifying and encourag- ing progress in this great work ; which, like all others of a moral and intellectual character, intended to operate upon an extensive scale, must necessarily be slow ; and which, for this reason, must be pursued with patient energy, with no diminu- tion of means or effort, and with no abatement of heart or hope. It will be my pleasure to co-operate with you, and with the Board of Education, in whatever measures may, after mature deliberation, be adopted for the promotion of a cause so beneficent and noble as the education of the whole people. The Militia of the Commonwealth, for the maintenance of which the framers of the Constitution have wisely provided, as our only security against the dangers of a standing army on the one hand, or that worse evil, if possible, the anarchy which springs from the impotency of Government to execute its laws on the other, I desu'e particularly to commend to your favorable regard. I am gratified in being able to state that it is now in a condition of great and increasing efficiency, and that our volunteer corps, by their excellent discipline, and their loyalty to the laws, have justly acquired the reputa- tion of being " second to no body of citizen soldiery in the world." If theii- services should ever be called into requi- GOVERNOR'S ADDRESS. 69^ sitlon, an occasion for wliicli it is to be hoped may never arise, I should rely with entire confidence upon their fidelity to a soldier's duty, in a prompt and unquestioning obedience to every command, to enforce the execution of the laws, and maintain the public order. The great interest of Agriculture, whether regarded as the immediate source of human subsistence, or as furnisliing the honorable avocation of so large a portion of our people, stands foremost among the subjects of governmental concern in every civilized state. It is to be hoped that the legislation of the last year, in respect to this interest, in the establishment of a " Board of Agriculture," may prove a valuable aid to indi- vidual and associated effort in promoting its advancement. The suggestions wliich may be submitted by the intelligent and experienced agriculturists composing that Board, with a view to the action of the Legislature upon this subject, will not fail to receive your respectful consideration. The Commerce and Navigation of the country, so far as they may be affected by legislation, are so almost exclusively within the control of the General Government, as to present but few subjects of consideration, within the sphere of our practical duties. It cannot be overlooked, however, that in respect to one of their most important departments, in which the people of Massachusetts, from the earliest period of their history, have had a larger interest than those of any other State in the Union, the events of the past year have excited deep solicitude. I refer to the Fisheries ; in the successful prosecution of which, our people have long been foremost, and to which, as a nursery of her seamen, the whole country has been indebted to a degree that entitles them to the highest consideration of the Government. It is to be hoped that this important interest will receive, through the agency of the proper authorities, a prompt and favorable adjustment of all questions which have arisen in respect to it, and that the valuable rights of our citizens involved in them, will be scrupulously maintained. There is one other topic, connected with the general inter- ests of commerce and navigation, to which I deem it proper to call your attention. A case has recently been decided by the Supreme Judicial Court, deeply affecting the rights of pilots, and the duties and obligations of merchants and owners of vessels. Until Congress shall think it expedient to jJ^ss laws under the power vested in them by the Constitution " to rcGfulate commerce with foreisrn nations and among the sev- eral States," providing for the appointment of pilots, and regulating generally the subject of pilotage, it remains a proper 694 GOVERNOR'S ADDRESS. subject of legislation witliin tlie jurisdiction of the State governments. Indeed, the first Act of Massachusetts on the ' subject was passed in 1783, before the adoption of the Con- stitution of the United States, and when this authority properly appertained to the government of the Commonwealth. That original statute has been changed and modified by a great number of subsequent acts, making special regulations for pilotage of vessels into and out of the principal ports of the State, and apparently abrogating, to a great extent, the provisions relating to the pilotage through the Vineyard Sound and over Nantucket Shoals ; but it would seem, from the adjudication referred to, that these acts in their effect upon the last named district, have been somewhat misunderstood. Perhaps no change of legislation may be necessary ; but on a subject so deeply affecting the interests of owners of vessels, the safety of navigators and passengers, and the rights of a hardy and meritorious class of officers, it seems necessary that the laws should not only be just in principle, but clear and explicit in their provisions, and well understood by all persons concerned in their execution. It is a source of congratulation, that the manufactures and mechanic arts of the country, in many of the most important departments of which, the people of this Commonwealth have so extensive an interest, have in some degree emerged from the state of ruinous depression into which they had fallen. Apart from the vast pecuniary and industrial interests which are involved in their operations, the manufacturers and mechanics of Massachusetts have entitled themselves to a generous consideration from the other portions of the confeder- acy, by what they have accomplished to elevate the character of the country, and to render it in so great a degree, inde- pendent of foreign labor and skill. By their contributions to the arts of civilization and peace, and the stimulus they have given to the inventive genius of their countrymen, they have secured for her, among the manufacturing nations of the world, a jjosition Avhich significantly answers the threat once uttered concerning us by British power, that " America should not manufacture for herself so much as a hob-nail." We have reached a stage of progress in these important departments of industry, when the question of governmental protection should be settled, as a business question, upon a permanent basis, having a just reference to all the great inter- ests of the country. I think there can be no difterence of opinion amongst us, that there is one species of protection, which it is the obvious duty of the General Government to extend to them ; and that is, a protection against the fraudu- GOVERNOR'S ADDRESS. 695 lent valuation by foreign importers of the manufactures of other countries, that come into competition with our own. If, in addition to this. Congress should folloAv the lead of Great Britain, noAV the great exemplar of the doctrines of Free Trade, in repealing the duties upon articles which enter into the processes of manufacture, without touching any principle upon which political parties have differed on this subject, much might be accomplished toward restoring this great inter- est of the Commonwealth to a reasonable degree of permanent prosperity. In the advancement of this prosperity, it is a mistaken idea that there is any antagonism between labor and capital. They are mutually dependent upon each other, and mutually help- ers of each other ; and he is no friend to the general interests of the State, or to any portion of its people, who would strive to foment a spirit of hostihty between them. Unlike those countries m which long inherited wealth accumulates in a few families, while poverty is the hopeless inheritance of the great mass of the people, — in our favored community, where, with few and unimportant exceptions, all men toil, the labor of to- day becomes the capital of to-morrow ; and that is the only just legislation, wliich, while it protects and guarantees the rights of labor, gives seciuity to the property wliich labor has earned. The expression of my opinions as to the true functions of the Executive, and the just limits of legislation, for which I deem this a fitting occasion, will indicate the principles upon which it will be my endeavor to conduct the administration of the government. By the Constitution of the Commonwealth it is explicitly provided, as one of the chief safeguards of Liberty, that the powers of the respective departments of the Government shall be kept scrupulously distinct, and independent of each other. In the loose discussions that are incident to all our political contests and controversies, there has been exhibited , of late, a manifest tendency to disregard this great principle, which lies at the foundation of our Republican system. Both in regard to the General Government and the Government of the Commonwealth, there is a disposition to hold the Execu- tive responsible for specific measures, the initiation and direc- tion of which belong exclusively to the Legislature. It has been found a convenient mode of discussing this topic, with a view to its effect upon the interests of political parties, to speak of the Executive influence upon subjects of legislation. It is enough to say that any such influence is illegitimate, un- authorized, and in its tendency and spirit, a departure from 696 GOVERNOR'S ADDRESS. the plain requirements of the Constitution. The functions of the Executive are distinctly defined by that instrument. In my judgment, they cleai-ly exclude even the declaration of his opinion, with respect to specific acts of legislation, unless his information upon the particular subject, the sources of which are not equally open to the Legislature, enables him to aid them by his suggestions, in the discharge of their duties. The constitutional functions of the Executive are two-fold. First, he is to see that all laws which are enacted are faithfully executed. For a satisfactory discharge of this most respon- sible duty, he must rely in a great measure upon the co- operation of all good citizens ; a reliance, to which in this ancient commonwealth, so renowned for its love of public or- der, and the law abiding instincts of its people, no resolute and independent magistrate will ever look in vain. The fur- ther duty of the Executive, that of revising all bills passed by the legislature, and of giving to them his approval in order to invest them with the force of law, or of returning them, with the reasons of his dissent, is the only constitutional agency which is entrusted to him in matters of legislation. The circumstances under which a chief magistrate, consist- ently with the views I have always entertained, upon this sub- ject, can with propriety exercise what is popidarly called the veto power, are of extremely rare occurrence. There must enter into them, either the elements of a clear conflict with some provision of the constitution, some manifest mistake on the part of the legislature, or such a plain disregard of the wishes and interests of the people, as to leave the executive no alterna- tive, but a refusal to assent to their enactment. I cannot contem- plate the happening of either of these contingencies ; or of any occasion which can require me to diflfer with you, in your judg- ment of what the public interests may demand, either in the en- actment of new laws or the abrogation or repeal of any already existing. The responsibility of legislation is with you ; and I look forward with confidence to a cordial co-operation with you, in whatever you may judge will most effectually subserve the rights of all classes of our constituents, maintain the pub- lic peace, and promote the general welfere. 1 think I cannot be mistaken in the opinion, that there has been in this commonwealth a tendency to an excess of legisla- tion. It was the just remark of an eminent statesman, that " to innovate is not to reform." Stability, simplicity and per- manency in the laws, are positive blessings. Any change, unless absolutely required by the exigencies of the particular case, is in itself an evil. No institution of human contrivance is perfect ; and the imperfections of humanity must attach, in GOVERNOR'S ADDRESS. 697 some degree, to the wisest legislation. It seems to me, there- fore, that the wise moderation, which avoids both the extremes, of a blind conservatism which cHngs to everything that is es- tablished, merely because it is old, — and the reckless and impatient radicalism Avhich is ready to adopt every new pro- ject or theory, merely because it is new — a moderation which consults that vital element in every well-governed community, the adaptation of an established system of laws to the usages and habits of the people, is one of the safest guides in prac- tical and beneficent legislation. In other countries the gov- ernment assumes many duties which here are left to the individual or associated action of the citizens themselves ; and these relations and functions of the state are with them made fitting, and perhaps necessary, by the want of knowledge in the people. With us, the functions of the legislature are limited to those objects for which it is the essential and ex- clusive duty of a constitutional government to provide. It is presumed that a people, intelligent enough to cany on institu- tions Hke ours, will be better able to take cai'e of their own interests, than the legislature, or any other department of the state. But though the character of our institutions prescribes a more limited range to government, and though the histoiy of the country shows, that in general Ave have fol- lowed this rule of conduct, yet we are often tempted to depart from it, under the pressure of sudden or strong excitement, or by appeals to our philanthropy. The tendency to overstep the true limits of legislative duty is not the less carefully to be watched, from the fact that the immediate occasion is often, perhaps generally, a highly desu'able end. The principle is important to be maintained entire. The cause of morals has never gained in the long run, by an attempt to give to it an added power through illegitimate legislation ; while the se- verest wounds that have been inflicted upon it, have been those which it has " received in the house of its friends," when it has been di-agged by them into the fatal arena of party pohtics. With so many and such powerful instruments of moral influence as flow from the character of our people, the legislature may safely keep within the sphere marked out by the spirit of om- institutions ; always bearing in mind, how- ever, that no laws can be efiective which ai-e not sustained by public opinion ; and that a law which has not this support, supposing it possible to be enacted, must, from that very rea- son, become in a great degree inoperative. The same wise forecast with which, in framing the consti- tution, our fathers provided for the enactment, and the exe- cution of '' good and wholesome laws," by assigning to each 74 698 GOYERNOK'S ADDRESS. of the departments of the government to which these duties were intrusted, its appropriate sphere, is also evinced in the provisions of the same instrument which were intended to se- cure their just interpretation and impartial administration. It has been the eminent good fortune of Massachusetts, from the earliest period, to be blessed with an able, learned, conscien- tious and independent judiciary. Abroad, in all states and nations where the system of the common law prevails, — a system, let it not be forgotten, to secure the administration of which was one of the declared objects of the revolution, — the opinions and decisions of her judges, have been received and respected as among the soundest expositions of its prin- ciples ; while at home, they have enjoyed, as they have de- served to enjoy, the unqualified confidence of all classes and conditions of men. To this department, the framers of the constitution evidently looked as one of the chief supports of our wisely adjusted sys- tem of free government. In the perfect independence of the executive and legislative power which they secured to it, they provided the only ultimate resource of the weak against the strong, of the feeble and the friendless against the influential and the powerful, in the maintenance of their rights, and in the dispensation of justice. They established, therefore, the tenure of the judicial office upon such a basis, as eiFectually to place its incumbents above the reach of all unworthy influ- ences, and, what is of scarcely less unportance, above the sus- picion of being subjected to them. In whatever else the fond expectations of the fathers of the republic may have failed to be realized, the judicial history of the commonwealth, and the general sense of security in the impartial administration of jus- tice, which prevails amongst us, furnish ample proof that this portion of their labors has been crovnied with signal success. A strict observance, by all legislators and magistrates, of these just limits of the various departments of the government, and a sedulous cultivation, among the people, of a respect for laws which are thus enacted and administered, will continue to us, and to our children, the blessing and the boast of our admirable system, that this is " a government of laws and not of men." In all matters of civil government, the law is our only sovereign. The loyalty, which in other countries is ren- dered to the mere accident of biith, is here due to that in- visible but omnipresent power, which we have voluntarily enthroned and cstabhshed, for our protection and guidance, under the majestic name of law. A refusal to submit to its requirements, is the most fatal treason to the best interests of the state. It is the only shield between us, as a people, and GOVERNOR'S ADDRESS. that M-ilcl anarchy, which is more intolerable than the absolute despotism of an imperial or regal tyrant. Gentlemen : I have been called to a post of duty which has been made honorable by the unselfish and patriotic services of a long line of illustrious men. I have obeyed tliis call from no prompt- ings of personal ambition, nor with the expectation of any personal advantage. AVe are none of us here, in these high places of public confidence, to seek anything for ourselves, beyond what we can enjoy in common with the whole people. AVe are here to serve the Commonwealth, and to promote, as far as in us lies, all her great and growing interests ; and to endeavor to leave behind us such a record, as will entitle our names to a worthy association with those who have preceded lis, and who have left to us, the precious inheritance of a great and good example. In the dischai-ge of our respective trusts, let us not forget, that the Constitution has expressly enjoined upon us, as a part of oiu- official duty, to " inculcate sincerity, good humor, and all social affections and generous sentiments among the people." In obeymg this injunction, by the exhibition of a tolerant and conciliatory disposition among ourselves, we shall most effect- ually check the perilous growth of that party spirit, wliich the prophetic fears of Washington led him to denounce as " the worst enemy of popular governments ;" and against which, in his parting counsels, he so fervently and affectionately admon- ished us. It is a great error to suppose that there is any necessary or just connection, between a firm and unwavering fidelity to our own convictions of poHtical duty, and any dis- trust of the integrity, or impeachment of the motives, of those with whom we differ in opinion. Let us then proceed, in a spirit of mutual kindness and conciliation, to the discharge of our respective duties ; leaving the contentions of parties to other spheres, to which, if any- where, they more appropriately belong. For myself, I tender to you, in this spirit, my co-operation in all constitutional measures that you may adopt, for promoting the interests, and maintaining the honor, of our beloved and venerated Common- wealth. MESSAGES. 7 b the President of the Senate : Sir : — I herewith transmit, for the use of the Legislature, the following reports and communications, which have been received by this department of the Government, viz : 1. Resolve of the State of Connecticut upon the compro- mise measures. 2. Report of the Secretary of the State of Maine notify- ing the appointment by the Executive of that State, of two Commissioners agreeable to the Act of separation of that State from INIassachusetts. 3. Report of the Land Agent. 4. Report of the Agent of Charles River and Warren Bridges. 5. Final Report of the Commissioners for enlarging the State Prison. 6. Report of the Inspectors, Warden, Chaplain and Physi- cian of the State Prison. 7. Three Reports of the Commissioners of Marshfield and the Herring Pond Indians — one of 1851, and two of 1852. 8. Report of the Commissioner for removing certain monu- ments erected by the Commissioners of Rhode Island and Massachusetts, appointed to ascertain and establish the boun- dary lino between said states. 9. Report of the Commissioner for prosecuting the claim of Massachusetts upon the General Government. 10. Report of the Adjutant-General. 11. Resolutions of the State of South Carolina on the death of Heniy Clay and Daniel "Webster, — and the proceedings of a public meeting of the citizens of Charleston, South Caro- lina, to pay their tribute of respect to the memory of Daniel "Webster. JOHN H. CLIFFORD. Council Chamber, January 18, 1853. MESSAGES. 701 To the President of the Senate : SiK, — I transmit hcrc"\vith a Report of tlie Commissioners ap- pointed under the act of tlie last session of the Legislature in relation to paupers having no settlement within this Common- ■\vealth. By that act the Governor was authorized to borroAV the sum of one hundred thousand dollars, for effecting its objects : and in compliance with its provisions my predecessor has negotiated a loan to that amount, at a premium of five per cent. Certifi- cates of debt bearing interest at five per cent, have been issued accordingly. The accompanying report details the proceedings of the Commissioners. It will be seen that, in their opinion, if the intentions of the Legislature which passed the act referred to, are to be carried out, a further appropriation must be made. This is a subject of grave importance to the pecuniary in- terests of the citizens of the Commonwealth. The act referred to was intended to estabhsh a system, which should, to a great degree, relieve them from very onerous and constantly increas- ing burdens, and its provisions seem well adapted to that end. I respectfully commend the subject to the deliberate con- sideration of the Legislature. JOHN H. CLIFFORD. Council Chamber, January 19, 1853. To the House of Representatives : I transmit herewith, for the use of the Legislature, a report of the Commissioner appointed under the act of 1851, for the erection of a second hospital for the insane. JOHN H. CLIFFORD. Council Chamber, January 19, 1853. Council Chamber, January 27, 1853. To the President of the Senate: Sir : — In compliance with the request of the two branches of the Legislature contained in a joint order of the 20th instant, I addressed to the Honorable Franklin Pierce, President elect of the United States, a communication, of which the following is a copy, tendering to him the hospitality of ^le Commonwealth : Commonwealth of Massachusetts, > Executive Department, Council Chamber, January 22, 1853. > Sir : — I have the Ironor to transmit to you the accompany- ing copy of an order of both branches of the Legislature of this commonwealth, requesting the Governor '' to tender to 74» 702 MESSAGES. you tlie hospitalities of Massachusetts when on your way to Washington." It gives me sincere pleasure to be the medium of this com- munication, and with an assurance of my cordial concurrence in these proceedings of the Senate and House of Representatives, to express my personal desire that you will accept the hospi- talities of the commonwealth in such manner as may be most agreeable to yourself. My senior aid-de-camp, Col. Lincoln, is charged with the delivery of this communication in person, and will receive any reply to it you may be pleased to make. I am, very respectfully, your obedient servant, JOHN H. CLIFFORD. To the Hon. Franklin Pierce, } President elect, &c., &c. 3 Upon the receipt of this communication by the President elect, at his residence in Concord, he was just leaving home for a brief visit to this city. On his arrival here, he did me the honor to wait upon me, and reply in person, to the invi- tation which had been tendered to him. He expressed his high appreciation of the generous kindness which had been manifested towards him by the two branches of the Legislature, and desired that his thanks for their hospitable intentions, should be conveyed to them, but, for reasons arising out of his recent domestic bereavement, which he had more fully ex- pressed in his communication to the municipal authorities of Boston, he felt constrained respectfully to decline the invita- tion of the commonwealth. While it is a source of regret that we are thereby deprived of an opportunity to manifest our respect for a distinguished fellow citizen of New England, who is about to enter upon the arduous and responsible duties of the high office to which the people have called him, the motives which have prompted his determination cannot fail to increase our respect for his character, and to deepen the sympathy which his great sorrow has awakened in all our hearts. " I request that this communication may be transmitted to the House of Representatives. JOHN H. CLIFFORD. To the President of the Senate : Sir, — By a Resolve of the last Legislature, " Six hundred copies of the Indexes of the General Court Records, up to the time of the adoption of the Constitution, were ordered to be printed for distribution ; the said printing to be done under MESSAGES. 708 the direction and supervision of " the then clerk of the senate, Francis H. Underwood, Esq." By a rcQcnt communication from ]Mr. Underwood to the Governor and Council, it appears that some further action upon this subject on the part of the Legislature is required. A Committee of the Executive Council, to whom Mr. Under-' wood's communication was referred, have reported, that they find " that the old Indexes which were ordered to he printed are quite imperfect, and the arrangement far from being clear or intelligible. From an examination of the work of preparing a new Index, which Mr. Underwood has commenced, so far as it has progressed, they fully approve the plan thereof, and deem its execution highly desirable. But they cannot avoid a doubt, w^hether a strict construction of the Resolves author- izes anything beyond the printing of the old Indexes, which, for the reasons stated, would be an idle and useless expense." The Committee suggest, as an additional reason for further legislation upon this subject, that the Resolve itself, if it is to be so construed as to authorize Mr, UnderAvood to take into his custody these records, which the execution of the work renders indispensable, is in conflict with that provision of the Constitution, by virtue of which the Secretary of the Common- wealth is entrusted with the care and custody of the public Records, and is made responsible for Xheir safe keeping. With a view to remedying these difficulties upon a matter of great public interest, I respectfully recommend that the preparation of a suitable Index be authorized, to be executed by Mr. Underwood, whose capacity and qualifications for the work are fully exhibited in the portion of it already accom- plished ; and that it be done under the supervision of the Secretary of the Commonwealth, who, by the appointment of the clerk, whose assistance is indispensable from his office, will retain the custody of the records as required by the con- stitution. It would also seem to be proper that the per diem compensation of Mr. Underwood and the clerk should be fixed by the Legislature, or .that the Executive should be authorized to determine it ; the existing Resolve having appa- rently had reference to a less expensive work. An inspection of the early volumes of these records, so valuable to the Com- monwealth as a portion of its history at a most interesting period, suggests the importance of some prompt measures for their preservation. The first two volumes especially, from their great age, their frequent inspection, and the corrosion of the paper by the ink which was used by the recording officers, are in such a state of dilapidation and decay as to be in many places totally illegible. There are duplicate copies of them in 704 MESSAGES. the State Library, by reference to which the obliterated por- tions of the originals may now be supplied ; but the authen- ticity and accuracy of the copies may hereafter be drawn in question, when it will be impossible to verify them by a com- parison with the originals. I therefore respectfully recom- mend that the first two volumes of these Records be printed, and that the executive be authorized to cause the same to be done by some competent person, under the supervision of the Secretary of the Commonwealth. JOHN. H. CLIFFORD. Council Chamber, February 12, 1853. To the President of the Senate : Sir, — I transmit herewith the Annual Report of the Trust- ees of the State Lunatic Hospital, with the accompanying Re- ports of the officers of the Institution. The Report, in conformity with usage, has been printed imder the supervision of the Trustees, and is ready for dis- tribution. JOHN H. CLIFFORD. Council Chamber, February 23, 1853. To the President of the Senate : Sir, — I transmit herewith, for the use of both branches of the Legislature, the final Report of the Commissioners appointed to revise and reform the proceedings in the Courts of Justice in this Commonwealth, except in criminal cases. The Report contains important suggestions in relation to a change in the modes of procedure in Equity cases, and is accompanied by a draft of a Bill, to the provisions of which I invite the consideration of the Legislature. JOHN H. CLIFFORD. Council Chamber, March 2, 1853. To the President of the Senate : Sir, — The accompanying correspondence, consisting of, 1st, a note from M. Carvallo to the Hon. Edward Everett ; 2d, a copy of Mr. Everett's reply ; 3d, Mr. Everett to the Governor, enclosing the foregoing ; and, 4th, a copy of the Governor's note to M. Carvallo, which I hereby transmit for the infor- mation of both branches, will apprise the Legislature of the addition of a valuable work to the State Library, through the liberality of the Government of Chili, by whom it has been presented to the commonwealth. It comprises, as far as pub- MESSAGES. 705 lislicd, fifteen volumes, upon the Zoology, Botany and Political history of the Republic of Chili, and is to be continued so as to embrace a complete vicAV of the Physical and Political his- tor}' of that country. The additional volumes will be trans- mitted as they are published from time to time. I immedi- ately acknowledged the receipt of Mr. Everett's letter, and forwarded through him to the Minister of Chili the note of acknowledgment, a copy of which accompanies this commu- nication. I respectfully submit to the consideration of the Legislature the propriety of reciprocating this act of courtesy on the part of the llepublic of Cliili, by the transmission to its Govern- ment of such of the works, illustrative of our institutions, as have been published by order of the Legislature, and which may have an interest and value for the people of that State. JOHN H. CLIFFORD. Council Chamber, March 21, 1853. To the President of the Senate : Sir, — I have recently received the accompanying commu- nication from the Governor of New Jersey, covering certain Resolutions of the Legislature of that State relative to the con- struction of a breakwater at Cape May. Li compliance with the request contained in one of the Reso- lutions, I herewith transmit the same to the Senate for the in- formation of both branches of the Legislature. JOHN H. CLIFFORD. Council Chamber, May 12, 1853. To the House of Representatives : The accompanpng communication from the Agent of the State, to aid discharged convicts, which I herewith transmit for the information of the Legislature, suggests the necessity of some additional legislation to meet a class of cases for which no adequate provision now exists by law. The Statute already provides that persons becoming insane while under sentence in the State Prison, shall be sent to the State Lunatic Hospital, and prescribes the mode in which it is to be done. But it makes no provision for the relief of those who, upon the expiration of their term of imprisonment, are incapacitated by bodily infirmity to provide for themselves. They are either paupers, having a settlement in some town or city of the Commonwealth, or they come within the class of State paupers, having no such settlement. If the former, it 706 MESSAGES. is not made the duty of tlie agent, or any officer of the prison, to investigate the question of such settlement — often a very difficult task — nor are they provided with the means of doing it. If the convict in the State Prison is a State pauper, it would be manifestly unjust to throw him upon the city of Charlestown, or if confined in any jail or house of correction, upon the city or town within the limits of which such prison happens to be situated. There is absolutely no provision what- ever for this class of persons. When the State Almshouses shall be ready for occupancy, they may be proper receptacles for such. But even in that event some further legislation would seem to be desirable. I would respectfully suggest that such provisions of law as the exigency may seem to require with respect to convicts in the State Prison at Charlestown, be extended also to the jails and houses of correction in the several counties of the Com- monwealth. JOHN H. CLIFFORD. Council Chamber, May 14, 1853. LIST OF THE CIVIL GOVERNMENT OF THE COMMONWEALTH OF MASSACHUSETTS, AND OFFICERS IMMEDIATELY CONNECTED THEREWITH, FOR THE POLITICAL YEAR 1853. niS EXCELLENCY JOHN H. CLIFFORD, GOVEKNOR. HIS HONOR ELISHA HUNTINGTON, LIEUTENANT GOVERNOR. COUNCIL: GEORGE B. UPTON, EBENEZER TORREY, WILLIAM SUTTON, OSINIYN BAKER. THOMAS SAVERY, JOHN H. "W. PAGE, HENRY P. FAIRBANKS, STEPHEN M. WELD, HENRY CHICKERING, EPHRAIM M. WRIGHT, Secretary of the Commonwealth. WiLUAM Tofts, 1st Clerk. Charles W. Lovett, 2d Clerk. JACOB H. LOUD, Treasurer and Receiver-Ge?i€ral. Addison G. Fat, 1st Clerk. Henry Blaney, 2d Clerk. DAVID WILDER, Jr., Auditor. Danlel H. Rogers, Clerk. FRANCIS M. ADAMS, Messenger to Governor and Council. SENATE. C. H. WARREN, PRESIDENT. SUFFOLK DISTRICT. Thomas G. Caiy, Samuel D. Parker, Francis Brinley, Osmyn Brewster. Charles E. Cook, ESSEX DISTRICT. Micajah Lunt, Alfred A. Abbott, Thomas "Wright, Nathaniel S. Howe. Hemy Russell, MIDDLESEX DISTRICT. Benjamin Adams, Winthrop E. Faulkner, G. Washington Warren, Allen Cummings, Sanford B. Perry, Samuel D. Davenport. WORCESTER DISTRICT. Freeman Walker, Ivers Phillips, Sullivan Fay, Charles Thurber.* Elisha Murdock, HAMPSHIRE DISTRICT. Noah L. Strong, Joseph Smith. ILIMPDEN DISTRICT. George Dwdght, Edward B. Gillett. FRANKLIN DISTRICT. Horace Henderson. * In place of J. S C. Knowlton, resigned. SENATE. 709 BEEKSHIRE DISTRICT. Ilcmy H. Cook, Ensign H. Kellogg. NORFOLK DISTRICT. Jolm J. Clai-ke, John W. Loud. Calvin Fisher, Jr., BRISTOL DISTRICT. Jolin Earlc, George Howland, Jr. Willard Blackinton, PLYMOUTH DISTRICT. Horace Collamore, Caleb W. Prouty. BARNSTABLE DISTRICT. CjTUS "Weeks, James B. Crocker. DUKES AND NANTUCKET CO. DISTRICT. Benjamin ]Manter. CHARLES CALHOUN, Chrk. JOHN J. PIPER, Assistant Ckrl\ Rev. J. S. D. EARNS W^ORTH, Chaplain. BENJAMIN STEVENS, Sergeant-at-Arms. WILLIAM M. WISE, Doorl^eeper. JOHN A. SARGENT, Assistant Boor'keeper. WILLIA^I SxVTWARD, Postmaster. TILSON FULLER, Page. v^ HOUSE OF EEPRESENTATIVES. Hon. GEORGE BLISS SPEAKEK. COUNTY OF SUFFOLK. Boston, Zenas Allen, Benjamin Blaney, Moss K. Booth, •Francis Boyd, Tlieopliilus Burr, Gardner Chilson, Samuel F. Coolidge, John Cowdin, George Eaton, James Egan, Joseph Eveleth, Joel Gilesy Henry M. Holbrook, Ralph W. Holman, Samuel Hooper, Henry Jones, George Kingman, Samuel B. Krogman, Winslow Lewis, David INIorgan, John Odin. Jr., Sewall F. Parcher, Aurelius D. Parker, Samuel S. Perkins, HOUSE OF REPRESENTATIVES. 711 \^Boston, Silas F. Plimpton, Thomas Restieaux, Hciiiy Rice, Otis Ricli, John G. Roberts, Thomas H. Russell, Benjamin W. Seamans, James W. Sever, J. Thomas Stevenson, Newell A. Thompson, Warren Tilton, John S. Tyler, W. R. P. Washburn, Moses H. Wetherbee, James S. Wiggin. V Chelsea, ^Essex, ^ Georgetown, \. Gloucester, Groveland, Ha 711 il ton, L Haverhill, Ipswich, Lawrence, Lynn, COUNTY OF ESSEX. ' Jonathan Nayson, WilHam Endicott, Joseph E. Ober, Nathan Fletcher, William Wolcott, Jolui Prince, Moses Merrill, John W. Haskell, David H. Plumb, Samuel Brainard, Jolm B. Nichols, Enoch Bartlett, Enoch Pratt, David Wentworth, 71; HOUSE OF REPRESENTATIVES. I Lynnfield, Manchester, Marhhiiead, Methuen, Middleton, Nahant,* Ncwhury, Newhiiryporty ' Rockport, ^Rowley, \ Salem, ' Salisbury, ^ Saugus, ' Swampscot, '■ Topsjield, Wenham, ^ West Newbury, COUNTY ••Acton, '- Ashhy, Ashland, : Bedford, Billerica, Boxborough, c Brighton, L Burlington, L Cambridge, John Danforth, Jr., James "Wilkins, Anch-ew W. Miltimore, William E. Currier, Moses Davenport, Amos Wood, Elnathan Hobson,f Neliemiah Brown, Jr., Stephen B. Ives, Jolin Jewett, Otis P. Lord, David Moore, John Whipple, Timothy P. Morrill, John B. Hitchings, Samuel S. McKenzie. OF MIDDLESEX. Moses Haj'^^ard, Amos Wellington, Jr., Elias Grout, Francis Coggswell, Henry Rice, Joseph Duncklee, Isaiah Bangs, William A. Brewer, James D. Green, John Livermore, *New town, incorporated March 29, 1853. t Thomas E. I'ayson, resigned. HOUSE OF REPEESENTATIVES i^Cambrulgc, LCarlisk, ^ Chorkstoion, KyChelmsford, cConcord, i-Dracut, icDiinstahlc, yrFraminghamy ^^ rot on, - Holliston, uHopkinton, ^Lexington, •' Lincoln, Littleton, Lowell, Maiden, Marlborough, Medford, Melrose, NaticJc, Newton, ^ North Reading* '- Pepper ell, Reading, Sherhorn, Shirley, Somervillc, South Reading, Stoneham, Joseph Wliitney, ^Villiam W. Wilde, George W. Cobiuu, Benjamin French, Simon Whitney, William Shattuck, Levi P. Coburn, William Chandler, William F. Wheeler, Benjamin Edwards, Benjamin F. Butler, Caleb Crosby, Luther Eames, John S. Fletcher, Joshua M. Hadley, Luther B. INIorse, Jonathan Page, William S. Robinson, William Roby, Henry W. Van Voorliis, James M. Usher, Samuel O. Dearborn, John Kimball, Thomas J. Dow, George Batchelder, Alpheus Clark, *Ncw town, incorporated March 22, 1853. HOUSE OE EEPRESENTATIYES. - Stow, Sudbury, <. Tewkshury, ■Townsend, ^ Tyngsborough, I. Waltham, <' Watertown, c Wayland, , West Cambridge, ■ Westford, ■ Weston, 1 Wilmington, Winchester, Woburn, Marshall Davis, Jonathan R. Vose, Nathaniel Trull, Horatio Moore, John N. Sherman, N. M. Fessenden, Phineas Chamberlain, John A. Lamson, Benjamin Foster, Zachariah Richardson, Joseph Dow. COUNTY OF WORCESTER. Ashburnham, Athol, ' Auburn, Barre, Berlin, ' Blackstone, 'Bolton, Boylston, •■ BrooTcJield, ' Charlton, ' Clinton, ' Dana, I Douglas, ^Dudley, '■Fitchburg, Gardner, ■ Grafton, . Hardwick, > Harvard, < Holden, Hubbardston, • Lancaster, ' Leicester, John Smith, Lewis Sawyer, ISIartin J. Steere, George "Watkins, Levi Hammond, Luke S. Keith, Lewis H. Bradford, Stephen Shepley, David Wright, Charles Goddard, Charles L. Knowlton, Jolm G. Thui'ston, HOUSE OF EEPRESENTATIVES. 71S ^Leominster, iXiunenburg, <-3Iendon, cMUford, i^MiUbury, C^ew Braintrec, ^No nil horo ugh, t-Northbridge, t-North Brool-ficld, L Oakham, ^ Oxford, *- Paxton, , Petersham, c PhiUijjston, '-Princeton, ^Royalston, - Rutland, ' Shreivsbury, Southborough, ^ Southbridge, i Spencer, C Sterling, < Sturbridge, <■ Sutton, '■- Temjpleton, ' Upton, .' Uxbridge, I- Warren, c Webster, \ Westborough, '■ West Boylston, ( West Brookjield, ' Westminster, ^ Winchcndon, i Worcester, Joseph S. Dai'ling, James Putnam, Horace B. Hero, Samuel Clai-k, Jolin Hill, Emory Sanford, George ^Vliite, "William Miller, Chaiies A. Mirick, Hiram W. Albee, Adam Harrington, Peter P. Howe, Lucian ISIai-cy, Alanson Prouty, Luther W. Eugg, Jabez Harding, Edward Hosmer, Velorous Taft, Abijah Wood, Oliver B. Sa^^yer, Hemy W. Benchley, George W. Gill, Edward Lamb, Eli Thayer, Chaiies White 16 HOUSE OF REPEESENTATIVES. COUNTY OF HAMPSHIRE. (/Amherst, cBelchertown, c Chesterfield, ' Cummington, (. Easthampton, l^ Enfield, <■ Goshen, ^ Granhy, (y Greenwich, t Hadley, Hatfield, ' Middlefield, "' Northampton, "■ Norivich, ' Pelham, ,.. Plainfield, - Prescott, { South Hadley, Southampton, ^ Ware, c Westhampton, '^ Williamsburg, ^Worthington, Moses B. Greene, Calvin Bridgman, Paul H. Cudworth, Nathan F. Orcutt, Horatio G. Knight, David Cutting, Franklin Naramore, James M. Barton, Giles C. Kellogg, William H. Dickinson, Amos H. Bullen, "Wanton C. Gilbert, Lucian Titus, Marcellus Clark, Charles A. Stevens, Festus Hooker, Joseph Bodman, E. H. Brewster. Blandford, Brimfield, Chester, Chicopee, 'Granville, f^Holland, . Holyol^e, cLongmeadow, i Ludlow, ^ Monson, COUNTY OF HAMPDEN. William B. Miller, Daniel Fry, Edmund B. Haskell, Charles E.. Ladd, Samuel A. Shackford, Horace H. Parsons, Harris Cutler, Dimond Colton, HOUSE OF REPRESENTATIVES. 717 ^Montgomery, I Palmer, t Russell, Southivkk, c Springfield, cToUand, <■ Wales, c Westfield, ^ West Springfield, ^Wilbraham, Aaron P. Pai'ks, Enos Calkins, Nelson D, Pai-ks, Moses "Wliite, George Bliss, Theodore Stebbins, Nelson Tyler, Jonathan G. Royce, Luke Bush, Edward Southworth. COUNTY OF FRANKLIN. lAshfield, (Bernardston, {Buckland, V Charlemont, ^Coleraine, c Conway, (-Deerfield, , ' Erving, Gill, t Greenfield, « Haiuley, ( Heath, Leverett, i^Leyden, t Monroe, Montague, I^'ew Salem, Northfield, Orange, Rowe, Shclburnc, Shuteshiry, Sunderland, Warwick, Anson Bement, William Sherwin, E. F. Ames, Wendell T. Davis, Samuel T. Grout, Aslimun H. Taylor, S. L. Shattuck, Richard N. Oakman, Alpheus Harding, Jr., Marshal S. INIead, John C. Drury, Joseph Sweet, Edwin C. Kellogg, Eliliu Smith, John G. Gale, 718 HOUSE OF REPRESENTATIVES. Wendell, Whately, Abel W. Nash. COUNTY OF BERKSHIRE. Adams, Alford, BecJcet, Cheshire, Clark shurg, Dalton, Egremont, Florida, Great Barrington, Hancock, Hinsdale, Laneshorough, Lee, Lenox, Monterey Mount Washington, New Ashford, Neiv Marlborough, Otis, Peru, Pittsfield, Richmond, Sandisjield, ^ Savoy, " Sheffield, Stockhridge, Tyringham, Washington, West Stockhridge, Williamstown, Windsor, Andrew A. Richmond, Henry Tyler, Henry A. Bidwell, Luther B. Loomis, James H. Rowley, Nahum P. Brown, Charles N. Emerson, Gordon Parish, Andrew J. Lewis, Caleb B. Phinney, William O. Cm-tis, Alvin H. Turner, Emmons Arnold, Stewart Shumway, James D. Colt, 2d, Charles Daniels, Stephen R. Gay, Abial A. Fuller, David Ingraham, Hemy I. Carter, Elbridge G. Tyrrel, Artemas W. Lloyd, Cyrus H. Woodruff, Harvey T. Cole. HOUSE OF REPRESENTATIVES. 719 COUNTY OF NORFOLK. (.BcUingham, c^Braintrec, (BroolcUne, cCanton, ^Coh asset, (Dedham, \Dorchester, 'Dover, Foxborough, (Needham, Randolph, Roxhury, Sharon, .Stoughton, <- TValpoJe, < Weymouth, ( West Roxhury, 'Wrentham, Fcnner Cook, Edward Potter, Willard A. Humplirey, Charles H. French, Thomas Stoddard, Waldo Colburn, Elisha Ford, Edward King, James Stratton, Noah Cummings, Frederick A. Trask, Bradford L. Wales, Edward D. Boit, William A. Crafts, William Gaston, TTiram Hall, Charles S. Richardson. COUNTY OF BRISTOL. Attlehorough, Berkley, Dartmouth, (Dighton, Easton, Fairhaven, ' Fall River f Freetown, '■ Mansfield, ' New Bedford, ^Norton, Lyman W. Daggett, Anthony Shove, Wade Dailey, Eldiidge G. Morton, Isaac Stearns, Charles W. Hodges, no HOUSE OF EEPRESENTATIVES. . Pawtucket, ' Raynham, ( Rchohoth, c SeeJconJc, I Somerset, o Swanzey, ^ Taunton, ^Westport, Soranus Hall, Edmund Buffinton, Isaac A. Anthony. COUNTY OF PLYMOUTH. < Ahington, * Bridgewater, ' Carver, ' Duxhury, i'East Bridgewater, i Halifax, ' Hanover, i Hanson, - Hingham, ^Hull, t Kingston, LLakeville,* 'Marion, ^Marshfield, < Middleborough, V North Bridgewater, ! PemhroTie, ^Plymouth, Plympton, ' Rochester, ^ Scituate, ^ South Scituate, ' Wareham, ^ West Bridgewater, William P. Corthell, Elijah Shaw, Van Ransselear Swift, Mathias Ellis, Aaron Josselyn, Thomas J. Gardner, Charles Howard, George M. Baker, Nahum Perkins, John E. Churchill, Charles O. Churcliill, C. C. Bumpus, Charles Curtis, Samuel C. Cudworth, James R. Sproat. * New town, incorporated May 13, 1853. HOUSE OF REPRESENTATIVES. '21 COUNTY OF BARNSTABLE. ^Barnstable, i Brewster, c Chatham, ^Dennis, tEasthanu r Falmouth, ^Harwich, I Orleans, ^rovincctoicn, '^Sandwich, 'TrurOf jreUjlcet, ^Yarmouth, ^ChihnarJc, ' Edgartown, ' Tishury, Edwin Baxter, Benjamin Paine, Samuel Doane, Marshal S. Underwood, Reuben Nickerson, Jr., Thomas Lewis, Jr., Nathaniel Doane, Jr., John Kenrick, Henry Paine, Asahel Cobb, James Small, Richard Stubbs, Charles Baker. DUKES COUNTY, William Ferguson, Jr., Samuel Kinniston, Thomas Barrows. COUNTY OF NANTUCKET. ^'^antucJcet, George H. Folger, Josiah Swain. William Schoulee, Cleric. William E. P. Haskell, Assistant Cleric, Rev. Stephen Lovell, Chaplain. Benjamin Stevens, Sergeant-at-Arms. Alexis Poole, Doorlceeper. David Murphy, Messenger. Joseph P. Dexter, Assistant Messenger. William Sayward, Postmaster. James N. Tolman, Jr., Page. Joseph. P. Dexter, Jr., Assistant Page. CnmninnintnUIi nf ^JlnssrirlitiBietts. SECRETARY'S OFFICE, August 8, 1853. I HEREBY CERTIFY, That the printed Acts, Resolves, &c., contamed n this pamphlet, are true copies of tlie originals. E. I\I. WRIGHT,*^ Secretary of the Commomoealth. INDEX ACTS, RESOLVES, MESSAGES, ETC. OF THE YEARS 18 5 2, 1853. A. Abduction, in addition to Act to punish, Abington Bank, to increase the capital stock of, " First Congregational Parish in, to sell real estate, " Savings Bank, to incorporate, .... Absentees from School and Triiant Children, in addition to Acts con cerning, ....... Academy, Bridgewater, in addition to Act to establish, . ♦' Conway, to establish, ..... " Framingham, in addition to Act to establish, . " Myricksville, to incorporate, .... Accounts of the Land Agent, Resolve on, Accumulating Fund Association, Suffolk Mutual Loan, incorporated, Acting Clerk of the House of llepresentatives, to pay, . Actions, Civil, relating to costs in, ... . " " respecting bail bonds in, .... *• concerning counties in which they may be brought, " at Law and Suits in Equity, concerning tender in, " " for the more speedy trial of, . " " relating to proceedings, practice and rules of evidence in Acushnet Bridge, Proprietors incorporated. Additional District for Administration of the Criminal Law, in addition to Act to establish, ...... Additional Sentences in the State Prison, relating to, Adjutant-General, allowance to, for preparing Digest of the Militia Laws, Page 179 480 414 381 197, 5G6 21G 563 20 543 292, 650 248 649 591 151 200 94 415 223 92 141 596 301 11 INDEX. Adjutant- General to compile a Manual for Ai-ms M'ith percussion locks, <« '« to erect building in arsenal grounds at Cambridge, . <« " to procure and furnish copies of Scott's System of Infantry Tactics, " " to repair wharf at Captain's Island, . " and Quartermaster- General's Department, concerning. Administrators, Public, appointment of, in further addition to Act pro Tiding for, ....... Adoption of Children, in addition to Act to provide for, " " concerning, .... Adulteration of Drugs and Medicines, to prevent. Affidavits of Notice of Sale of Real Estate, relating to the filing of, Agawam and Half Way Pond Hivers, fishery in, in addition to Act estabhshing, .... " Mutual Pire Insurance Company, name changed. Agent, Land, Pesolves on accounts of, . " " to sell lands in Maine to actual settlers. Agents, Board of Education to appoint, in addition to Resolve author izing, ...... Aggravated Larceny and Shop-breaking, relating to. Agriculture, State Board of, established, . " " Secretary of, concerning, Agricultural Branch Railroad, concerning, " " " to extend, and concerning the same, " Horticultural-and Ornamental Tree Associations, to regulate, " Railroad, to extend the time for locating and constructing, " Society, Chelmsford, incorporated, . '« «' Pitchburg, " " " " concerning, " " Hampshire, in favor of, " «' Middlesex, name changed from Middlesex Society of Husbandmen and Manufacturers, . " " Worcester West, in favor of, " Societies, concerning, .... " " in relation to, . Air and Light, in relation to easements of, . Alewive Fishery in Cohasset and Scituate, to protect, Alewives in Herring River in Sandwich, Act in addition, concerning Alien Passengers, concerning, ..... " " Superintendents of, commutations of bonds taken by relating to, ... . •' " Superintendent of, late, for Boston, for the payment of salary, .... " " Transit of, concerning, Aliens as Attorneys at Law, concerning admission of, . " Titles to Real Estate derived from, to protect. Alienage, to remove all disability to take and hold real estate by reason of. Alimony, Decrees of, concerning, Allegash Dam Company, in relation to, . Alleys, Bowling, buildings for, and stables, in addition to Act relating to, Page 276 278 279 278 677 638 183 369, 615 611 611 596 108 292, 650 275 653 4 97 672 178 126 544 465 170 41 580 274 17 283 176 435 101 106 417 195 585 654 580 108 45 17 365 144 85 INDEX. Ill AUstrum, Benjamin, and James M. Holmes, to build a wharf, . Almeida, Jose Monteiro dc, and Sister, in favor of, Almshouses, State, Governor to appoint Superintendent of, American Antiquarian Society, in addition to Act incorporating, " Citizens, Claims of, for French Spoliations, concerning pay^ ment of, . «' Gas Light Company, to incorporate, . " Linen Company, " << " Manufacturing Company, organization authorized, <' Tube Works Corporation, ** " " Unitarian Association, on Petition of, Amherst and BclchertoAvii Railroad Companj', New London, Williman tic, and Palmer H. R. Cos. to subscribe to capital stock ol^ . Amherst and Belchertown Railroad, to extend the time for locating and constructing, ....... Andover Institution for Savings, to change the name of. Angel Guardian, House of. Trustees of, to incorporate, . Annexation of a part of Ashland to Hopkinton, «» " Chester and Blandford to Norwich, «' " Stoneham to Melrose, . Annihilator Fire and Marine Insurance Company, to incorporate, Annual Meeting in Sandwich for 1852, relating to. Antiquarian Society, American, in addition to Act incorporating, Appleton Mutual Fire Insurance Company, to incorporate. Appraisers in Civil Process, concerning appointment of, . <• of Real Estate taken on Execution, in regard tti, Aqueduct Company, North Egremont, to incorporate, . Arbitrators, Referees and Auditors, to administer oaths. Armories for the use of the Volunteer Militia, concerning. Arrests for Offences committed on the Lord's day, in addition to Act concerning, ...... " Fraudulent, to prevent and punish, Arsenal, State, at Cambridge, in relation to, . Artillery Companies, relating to, . Arson, Treason and Rape, to punish the crimes of, Ashburnham Reservoir Company, to incorporate, Ashburton House Company, " . . Ashland, a part of, annexed to Hopkinton, Asiatic Bank, to increase the capital stock of, . " Mutual Marine Insurance Company, to incorporate, " " " " in addition to Act to incorporate. Assault and Battery, cases of, to extend jurisdiction of Police Court in. Assessing Taxes in City of Boston, time changed for. Assessment of Taxes, concerning, .... Assessors, concerning duties of, . Assistant Clerk of Courts in Middlesex County, in addition to Act to establish office of, «' " " Worcester County, in addition to Act to establish office of. Association, Boston Young Men's Christian, to incorporate. Page 440 293 191 24 IV INDEX. Association, East Boston Library, to incorporate, " Mount Vernon Cemetery, " . . " Suffolk Mutual Loan and Accumulating Fund, to incorp. " Union, in Brighton, to incorporate, " Young Men's, of Lee, ♦' " Young's Men's Library, in Worcester, to incorporate, Associations, Agricultural, Horticultural and Ornamental Tree, to reg ulate, ....... Assurance Company, Mutual Fire, in Springfield, in addition to Act concerning, .... «< " People's Mutual Health, guarantee fund of, in creased, .... Atheneum, Boston, proprietors authorized to hold additional property, " Haverhill, to incorporate, .... Atkins, Zenas, to build a whiU'f in Chatham, Atlantic Works, to incorporate, ..... Atlas Bank, to increase the capital stock of, . Atmospheric Telegraph Company, to incorporate, Attendance of Children at School, concerning, . Attendants on the State Normal Schools, for aid to. Attorneys at Law, concerning admission of aliens as, Atwood, Joseph, on the Petition of, . Auctioneers, concerning, ....... " requiring them to make returns, Auction Sales, to abolish duties on, . Auditor allowed further sum for clerk hire. Auditors, Arbitrators and Referees, to administer oaths, Auditor's Office, to pay State pauper accounts in, Avenue Corporation, Eastern, in Boston, to incorporate, " <« Mount Washington, " Ayres, Nahum, in favor of, .... • Page 33 42 248 454 412 417 544 75 85 11 15 161 525 582 204 170 670 108 681 78 200 94 256 30 291 103 516 302 B. Back Bay and Boston Harbor, concerning, .... 299 " in Boston Harbor, Flats in, to secure title of to the Common- wealth, ....... 179 Bagging Company, Boston, to increase capital stock and extend their works to Maiden, . . • • 410 «« " relating to, ...... 521 Bail, for the approval of, and to change the jurisdiction of cases within the County of Suffolk, under the Acts for the relief of poor debtors, 621 Bail Bonds in Civil Actions, respecting, . . . . . 15 K Baker, Josiah, and others, to construct a dam across Herring River, . 464 Baker, Orrin, on Petition of, ..... . 304 Baldwin, Luke, on Petition of, . . . . . . 277 Ballot, in addition to Act for better security of, . . . . 198 Bancroft, Elizabeth, in favor of the guardian of Punkapog Indians, for the benefit of, ,,,...' 653 INDEX. city of Bank, Abington, to increase the capital stock of, " " Savings, to incorporate, " Asiatic, to increase the capital stock of, " Atlas, " " «' «« Barnstable, " «' " ♦' Blackstone, " " " «« Boylston, " «< " " Bristol County, «' «« " Broadway, in South Boston, to incorporate, •• Cambridge City, in Cambridge, " " Cambridge Market, to increase the capital stock of, " Central, to increase the capital stcck of, " Cochituate, in Boston, to locate in any part of the " of Commerce, to increase the capital stock of, " Dedliam, " " " " Dorchester Savings, to incorporate, " Eagle, to increase the capital stock of, " Eliot, to incorporate, " Franklin County, to increase the capital stock of, " Freeman's, << " " " Gloucester, " «< « " Granite, •• " « " Grocers', " " <• " Hadley Falls, " »< " " Hampden, ," " " " Hampden Sa\-ings, to incorporate, " Hampshire Manufacturers', to increase the capital " Hingham, to increase the capital stock of, . «« Hopkinton, in Hopkinton, to incorporate, " Laighton, to increase the capital stock of, . " Lee, " « « " " Savings, to incorporate, " Lechmere, in Cambridge, to incorporate, . " Leicester, to increase the capital stock of, . " Lynn Mechanics, to increase the capital stock of, ewis, Andrew J. to pay expenses of his sickness, Lewis, Ansel, and others, to build a wharf in Barnstable, liCxington and Lincoln, dividing line of, to alter, Liability of Inn Keepers for Losses of Guests, defining, . " of Railroad Corporations for loss of life, in certain cases, con ccrning, ...... Library Association, East Boston, to incorporate, " " Young Men's, in "Worcester, to incorporate, " PubHc, City of Boston to found and maintain, . " State, in aid of, . Lien on Keal Estate, in addition to Act to secure to mechanics and la borers, ....... Light and Air, in relation to easements of, . . . Light- house, lands for the erection of, to cede to L'nited States jurisdic tion of, ..... " ilinot's Ledge, concerning, .... Lincoln and Lexington, dividing line of, to alter. Linen ilanufacturing Company, American, organization authorized, " Company, American, to incorporate. Liquors, Spirituous or Intoxicating, concerning manufacture and sale of. Little River Bridge, in Haverhill, relating to widening and straightening. Lives, Insurance on, by Foreign Corporations, relating to. Loan and Accumulating Fund Association, Suffolk, to incorporate, Locks, Percussion, Adjutant- General to compile ^lanual of Instruction for use of, . Long Island Steam.-boat Company, to incorporate. Long "Wharf, or Boston Pier, concerning proprietors of, Lord's Day, in addition to Act concerning arrests for offences committed on Loring, John J. Trustee of E. Habicht, on Petition of. Low, John Y. in favor of, ... Lowell Bleachery, to increase capital stock of, " City of. Juvenile Offenders in, in addition to Act concerninc " " to amend charter of, Luddington, Juha, on Petition of. Lunatic Hospital, State, in relation to, " " " relating to Treasurer of, " •* " at Taunton, concerning. Lunatics, Furiously Mad, concerning, I/ather, Ebenezer, in favor of, . Lyceiun, North Adams, to incorporate, . 290, 672 272, 651 482 456 526 433 675 524 679 155 369 617 622 33 417 373 276 215 101 533 283 369 31 415 257 145 219 243 276 529 177 176 282 657 257 182 183 655 24 187 549 416 659 526 XXX INDEX. Lyceum, Salem, to iucoq^orute, ...... Page 80 Lynn, City of, Beaches in, concerning, ..... 153 " " confirming election of Municipal Officer of Ward 8, in, 131 " " to prevent destruction of sbad and alewives in Saugus River, in, ..... . 25 •' Gas Light Company, to incorporate, .... 370 " Mechanics' Bank, to increase capital stock of, . . . 498 " " «< " " " Act in addition, . 617 " " Fire and Marine Insurance Company, to continue in force Act to incorporate, .... 28 Lyon, Henry, and others, to construct a railway track in Groton, . 470 M. Machine Company, Cape Cod, to incorporate, <« Shop, Lawrence, organization authorized, " " ", " " in addition to Act, Machinists' Bank, in Taunton, to increase capital stock of, Magojisett Fisliing Company, to incorporate, Mahaiwe Bank, to increase capital stock of, JIaine, Lands in. Land Agent to sell to actual settlers, . " Public Lauds in, for the sale of, . ]\Ialden, Boston Bagging Company to extend theh- works into, " Canal Company, concerning, Act in addition, . " Manufacturing Company, to incorporate, '< Mattapan Iron "Works, to establish workshop in, " Selectmen of, on Petition of, . *' Tube AVorks, to incorporate, Mansfield Coal and Mining Company, to increase capital stock of, " " " " to construct a raili'oad, Manter, Benjamin, to pay expenses of sickness of. Manual of Arms with Percussion Locks, Adjutant- General to compile. Manufacture and Sale of Spii-ituous or Intoxicating Liquors, concerning, *' of Silk, and other goods, authorized, Manufacturers and Husbandmen, Middlesex Society of, name changed, Manufacturing Company, American Linen, to incorporate, " « Tube Works, " " " Boston Brick, to incorporate, . " '* " Gas Light, to increase capital stock of, " " Steam Engine, to incorporate, " " Cambridge Gas Light, " " '♦ Chelsea, " " " " " Bunnell, organization authorized, " " " to incorporate, " " Fitchburg Gas, " " " Holyoko, " '* " Maiden, " " " Mansfield Coal and Mining, to increase capital stock of, . 637 24 472 506 381 579 275 618 410 388 528 419 660 461 17 23 681 276 257 140 17 31 37 591 75 81 20 128 83 416 146 145 528 17 INDEX. XXXI Manufacturing Company, Mansfield Coal and Mining, to construct a railroad, .... " «' Matfield, to manufacture certain kinds of ma chinerj', and to increase capital stock of, " " Matfield, in relation to. Act in addition, " " Roxbury Gas Light, to incorporate, . " " Serpentine Paint and Fire Brick, to incorp " " " " " in addition to Act of incorporation, . " " Shelburne Falls, to change name of, . " " South Boston Gas, to incorporate, " " United States Chemical, " " " AVashington " " " " Westville, " " " "WiiTchegter Gas, " " Corporations, Stockholders in, in addition to Act con cerning, ..... Map, State, concerning publication of, . Maps, County, for the correction of, . Marble Company, New England Verd Antique, to incorporate, . Marblehead Harbor, River Head Beach in, concerning, . Marine Insurance Company, Globe Mutual, to incorporate, " " " Mariners' Mutual, concerning, " Railway, Beverly, to incorporate, " " Fairhaven Granite Wharf, to incorporate, «« " in Gloucester Harbor, Elias, Parker and Joseph B Burnham to build and maintain piers in, . " " Union, to incorjTOrate, .... Mariners' Mutual Marine Insurance Companj', concerning, Marion, Town of, to incorporate, ..... " and Rochester, dividing line between, to define. Market, Cambridge Cattle, to incorporate, " Gerrish, to incorporate, ..... Marks, Trade, further to protect, ..... Marlborough Branch Railroad Company, to incorporate, " Fire Department in, to establish, . •' Jedediah Wood to construct a railway track across high way in, ..... Marriage, Banns of, relating to, Act in addition, . Marsh Bank Wliarf Company, to incorporate, Marshpee, Commissioner of, to abolish office of, . " District and Barnstable, to protect fisheries in, " on Petition of Selectmen and Parish Committee of, . Massachusetts Charitable Eye and Ear Infirmary, on Petition of, " Citizens of, sold into slavery in Texas, relating to, " College of Pharmacy, to incorporate, " Horticultural Society, in relation to, " Humane Society, on Petition of Trustees of, " Militia Claim, concerning, . " Teachers' Association, on Petition of. Page 23 369 520 142 4G 188 521 69 G20 452 525 69 15 284 552 614 675 68 43 372 424 523 32 43 158 434 532 437 141 115 531 140 558 41 4G6 20 287 661 307 49 468 283 206, 665 651 XXXll INDEX. Massapoag Spring Hotel Company, to incorporate, Massasoit Bank, to increase capital stock of, . Masters of Houses of Correction and Jailers, powers and duties of, in relation to, . Matfield Manufacturing Company, to manufacture certain kinds of ma- chinery, and to increase capital stock of, . « " " in addition to Act relating to, Mattapan Iron Company, to incorporate, .... «' " Works, to establish workshop in Maiden, Maverick Wharf Company, to incorporate, " Woollens Company, " ... Measurement of Charcoal, to regulate, .... Mechanics' Bank, Lynn, to increase capital stock of, Act in addition, «« " Boston, <' « iscopal, in Monson, to sell real estate, . 131 " " Ohabei Shalom, in addition to Act of incorporation, 13 " " Parish of "West Tisbury, to sell parsonage property, . 74 " " Second Methodist Episcopal in Harwich, to incorporate, 13 •' " South Boston Samaritan, to incorporate, . . 4 " " Tliird Congregational, in Springfield, concerning fund of, 75 " ♦' " Unitarian, in Dorchester, to incorporate, . 154 " " West Parish, in Haverhill, to transfer funds, . 108 " " Young Men's Benevolent, Boston, to incorporate, . 14 " Societies and Parishes, concerning, .... 123 " " " in relation to, . . . . 256 « " '< trust funds of, relative to, . . 609 Remedies, Equitable, in suits at law, ..... 592 lleport on School Districts, for the publication of, . . . 655 Reports of Contested Elections, to pay for compilation, . . . 659 " Proceedings and Debates in Convention to Revise Constitu- tion, concerning, . . . . . 657 Representatives in Congress, to divide Commonwealth into districts for choice of, ....... . 99 Reservoir Company, Ashburnham, to incorporate, . . . 524 «« " Leominster, *' ... 433 " " Xeponset, to increase capital stock of, . . 551 " " Walpole, concerning, .... 427 Returns, Auctioneers required to make, ..... 200 " of Elections, concerning, . . . . . 147 " by Justices of the Peace and other officers, relating to, . 201, 530 " from Mutual Fire Insurance Companies, to require, . . 161 Revenue, Treasiu-er to borrow money in anticipation of, . . o49 Re\'iews of Judgments upon Recognizances to the Commonwealth, to authorize, ........ 83 Revised Statutes, cliapter 49, concerning support of defendants com- mitted to prison under provision of, . . 133 «' <« to amend 9th and 14th sections of 134tli chapter of, . 10 " " 10th section of 38th chapter of, to repeal part of, . 129 Revising the Constitution, relating to calling a Convention of Delegates for, . . . . . . . . . 133 Rhetorical Society, Young Men's, of tlie City of "Worcester, to incorp. 548 Rhode Island and ^Massachusetts, concerning disputed boundary between, 292 " " State of, Treasiirer to collect claim from, . . . 290 Richardson, Anan, and others, in favor of, . . . . 292 xliv INDEX. llidgway Coal Mining Company, organization authorized, Right of Suffrage, to protect, ..... Rights of Pew Owners, concerning, .... River, Connecticut, to protect shad in, . " Head Beach in Marblehead Harbor, concerning, . " Miller's, time extended for alteration of bridges over, by Fitch burg Railroad Company, .... " Palmer's, to regulate fisheries in, . Roberts, John, for relief of heirs of, .... " Ruth, Administratrix on estate of John Roberts, deceased, in favor of, . Robinson, Mary A. D. and Ebenezer P., on Petition of, Rochester and Marion, to define the dividing line between, Rockland Bank, in Roxbury, to incorporate, Rockport Railroad Company, " ... " Savings Bank, " ... Roger Shei-man Hotel Company, " ... Rowley, First Parish in, in addition to several Acts concerning, Roxbviry, City of, in addition to Act establishing, " « " " relating to public cemetery in, *' " concerning streets and "ways in, " " in favor of, . " Gas Light Company, to incorporate, . *' West, part of Dedham annexed to, . Royce, Jonathan G., to pay expenses ■while sick, Ryder, Reuben, 2d, to build a wharf, .... Page s. Sagamore ^Mutual Fire Insurance Company, to incorporate, Sailors' Snug Harbor, in Boston, to incorporate, Salem Gas Light Company, to extend pipes, " and Lowell, and Boston and Maine Railroad, in relation to, " Lyceum, to incorporate, .... " North River in, authorizing the laying out of a townway " Police Court, for the better establishment of, " Steam-boat Company, to increase capital stock of. Sale of Real Estate, filing affidavits of notice of, relating to, Sales at Auction, to abolish duties on, Sandisfield and Tolland, boundary line between, defining a portion of, Sandwich, Herring River in, alewives in, Act in addition, " relating to annual meeting in, for 1852, Sanitary Commissioners, for payment of, Sartell School Fund, in Groton, to provide for preservation of, Saugus Branch Railroad Company, concerning, . << Mutual Fire Insurance Company, to incorporate, " River, to prevent destruction of shad and alewives in. Savings Bank, Abington, to incorporate, <« " Dorchester, " . . » INDEX. xlv Savings Bank, Hampden, to incorporate, .... I'age 67 " " Lee, <« .... 17 " " llockport, " .... 579 " " Waltham, <• ■ . . . . 390 «' " AVestfield, " .... 450 " Banks, and Institutions for Savings, concerning, . . 87 " Institution for, Andover, to change name of, . . . 354 " " Cambridgeport, to incorporate, . . . 374 " Worcester County Institution of, in relation to, . . 168 Scholarsliips, State, establishing, ...... 473 School, Absentees from, and Truant Children, in addition to Acts con- cerning, ....... 197, 566 " Children at, concerning attendance of, .... 170 '. '« of Design, New England, to incorporate, . . . 463 " " " " in addition to Act of incorporation, . 629 " " " '« for "Women, granting aid to, . . 681 " Districts, concerning powers of, . . . . . 80 '• " in addition to Act concerning, .... 446 " " llcport on, for publication of, . .'--.,. . 655 " Fund, Interest on, for town of Norton, for payment of, . . 273 " " Sartell, in Groton, to provide for preservation of, . 42 " Houses, District, in relation to, . . . . . 143 " " Towns to take lands for, in addition to Act authorizing, 444, 569 " " Ventilation of, concerning, .... 657 " Land, Petition of West Roxbury, to sell, . . . 286 " Punchard Free, Trustees, on Petition of, ... 676 •' State Normal, in County of Essex, to establish, . • . 664 " " " at West Newton, concerning, . . . 293 " «< Reform, to provide for enlargement of, . . . 42"« " " " to pay current expenses of, . . ■ . 273, 659- Schools and Public Meetings, concerning disturbance of, . . 15 G " National Normal, grant of public lands in aid of, concerning, . 285 " Public, concerning, . . . . . . 82 " State Normal, concerning, ..... 294 " " »« aid to attendants on, . . . . 670 Scituate and Cohasset, to protect alewive fishery in, . . . 106 «< First Universalist Society in, to change name of, . . 423 " Proprietors of Westerly Meeting-house in, to change name of, 421 Scott's System of Infantry Tactics, concerning, .... 279 Scudder, Nelson and Daniel, to extend tlicir whai-f, . . . 438 Scabury, Josiah, in favor of, ..... . 303 Second llospital for the Insane, erection of, in addition to Act authorizing, 476 Secretary of Board of Agriculture, to establish office of, . . 98 " " Education to direct appropriation for Teachers' Institutes, . . . 271 " •' " to direct appropriation for State Nor- mal Schook, . . . 294 *' " " to purchase and receive grants of land for State Normal School at West Newton, .... 293 xlvi INDEX. Secretary of Board of Education,- in relation to, Act in addition, " Common-wealth, and Clerk of the Legislature, to contract with White & Potter for State printing, " « to contract with Henry F. Walling for pub- lication of State Map, « " to contract with Register of Probate of Plymouth County to make indexes for Old Colony Records, <« " to furnish agents of Foreign Life Insurance Companies with blank form of returns, «< " to furnish blank form of returns to Mutual Fire Insurance Companies, " "to furnish any person envelopes, in reason able quantities, at cost, «< <' to give notice to any tov/ns sending returns not sealed, " " to prepare and publish statistics showing progress of the Commonwealth, " " to send a copy of Act for calling a Con vention of Delegates, to every town and city, " " with Treasurer and Auditor, to be a Board of Insurance Commissioners, " " First and Second Clerks in ofhce of, sala ries established, «♦ State Board of Agriculture, concerning, Sectional Dock Company, Bjjston, to incorporate, Seekonk and Rehoboth, pubHc lands in, sale of, . Selectmen of Maiden, on Petition of, . Sellew, Lewis L., to build a wharf in Truro, Seminary, Lasell Female, to incorporate, " Mount Hollis, " . . Senate and House of Representatives, for pay of, '• '* " and Council, for jxay of. Sentence of Death, persons under, concerning, . «' " " " to amend, Sentences, Additional, in State Prison, relating to. Sergeant- at- Arms, allowance to, for contingent expenses of Council Legislature, &c., . " " " for incidental expenses of State House " , " to procure Safe and Lock for Treasurer's Office, Serpentine Paint and Fire Brick Company, to incorporate, " " " " in addition to Act of incorp Settlement of Estates of Deceased Persons, in addition to Act to facihtate " " " " to facilitate, . Shalom, Ohabei, in addition to Act of incorporation, Shad and Alewives in Saugus River, Lynn, to prevent destruction of, " in Connecticut River, to protect, .... Shawmut Bank, to increase capital stock of, . " Mutual Fire Insurance Company, to incorporate, Page 378 273 284 301 223 163 199 147 294 135 1G6, 222 527 672 8 436 660 388 444 27 272 650 189 532 596 290 298 298 46 188 23 204 13 25 81 493 435 INDEX. xlvii I Shawmut Sugar Refining Company, to incorporate, . . . Page Sheep Pasture, or Common, in Eevcrly, in addition to Act of incorporation, Shclburne Falls Manufacturing Company, to change name of, . " " and Northampton Railroad Company, to incorporate, " " "SVcstlield and Northampton, and Hampden Railroad Corporations, union of, .... . Shcrborn, Town of, name changed from Sherburne, " " in favor of, . Sherburne, Town of, name changed to Sherborn, Sheriffs' Bonds, in relation to, . Ship Canal around Falls of Sault St. Marie, construction of, concerning, Shop-Breaking and Aggravated Larceny, relating to. Shot, Slung, in addition to Act in relation to carrying, . Silk, and other Goods, manufticturc a^ithorizcd, " Mills, Cheney, to incorporate, .... Skinner, Noah K. and others, Trustees of Methodist Episcopal Church, Richmond Street, Boston, on Petition of, . Slavery, Citizens of Massachusetts sold into, in Texas, relating to. Slung Shot, in addition to Act in relation to carrying, . Small, Jesse, to extend wharf in Provincetown, . Smith, Gilbert, and others, to build a wharf at Harwich, " John, and Warren, " " " " Nathaniel, on Petition of, .... '* Samuel S, and Timothy P. Johnson, to build a wharf, . Society, American Antiquarian, in addition to Act of incorporation, " Boston Baptist Bethel, to incorporate, . '* " Episcopal Charitable, "... " " of Natural History, to amend constitution of, . " " Port, concerning, .... " Chelmsford Agricultural, to incorporate, ••■ and Church, Baptist, in Leicester, to sell real estate and manage funds, ...... '< Congregational, in Freetown, to seU ministerial property, " Evangelical, in Lancaster, to incorporate, " First Religious, in Cailisle, to sell real estate, " Fitchburg Agricultural, to incorporate, . " " " concerning, " Fourth Religious, in Newbury, to change name of, " Georgetown Women's Benevolent, to incorporate, " Germania Musical, to incorporate, " Greenville Baptist, in Leicester, to incorporate, " Hampshire Agricultural, in favor of, . " Howard Benevolent, in Boston, to amend charter of, . " Massachusetts Horticultural, in relation to, " " Humane, on Petition of Trustees of, " Methodist Episcopal, in Monson, to sell real estate, " iliddlesex Society of Husbandmen and Manufacturers, to change name of, . " Old Colony Historical, to incorporate, . " South Boston Samaritan, " ... xlviii INDEX. Society, Third Congregational, in Chelsea, to change name of, . « «' " Springfield, fund of, concerning, «' « Unitarian, in Dorchester, to incorporate, . " Worcester West Agricultural, in favor of, " Young Men's Benevolent, in Boston, to incorporate, • ' « << Rhetorical, in Worcester, " " Universalist, in Cabotville, to change name of, . " " in La\\Tence, concerning, . '< " in Scituate, to change name of. Societies, Agi'icultural, concerning, .... <« " in relation to, . " Religious, and Parishes, concerning, . " " " relating to, . " " " Trust Funds of, relative to, . Somerset Iron Works Compan}% to build a whai-f, " Town of, in favor of, . Somcrvillc, Cambridge Gas Light Company to extend their pipes into, " Charlestown Gas Light Company " " South Bay Company, to incorporate, .... " Boston Gas Light Company, to incorporate, " «< " " to extend pipes into Dorchester, " " Samaritan Society, to incorporate, . " Carolina, Response to, concerning deaths of Webster, Clay and Calhoun, . . . . . ' . " Precinct, in Bridgewater, to change name of, and for other purposes " Reading Branch Railroad and Eastern Railroad, concerning, Spicket Falls Piank, in Methueu, to incorporate, . Spirituous or Intoxicating Liquors, concerning manufacture and sale of. Spoliations, French, for payment of claims for, . Springfield, City of, to establish, ..... " " in addition to Act establishing, " Mutual Fire Assurance Company, in addition to Act con cerning, ...... " Third Congregational Society in, concerning fund of. Stables and Bowling Alleys, buildings for, in addition to Act relating to erection and use of, . Stage Harbor, Joseph Nickerson and associates, to place buoys in. Stamp Company, Boston Hand, to incorporate, . State Arsenal at Cambridge, in relation to, . " Board of Agriculture, to establish, " " " concerning, .... " House, Enlargement of, relating to, . . . " " Fire Engine and other property, for selling, " " for payment of incidental expenses of, " " " contingent expenses of, &c. 18.32, . " " Repairs on, ..... " " various offices in Legislature and Council, payment of contingent expenses for 18o3, concerning, " Watchmen of, to establish pay of, . " Library, in aid of, . Page 413 INDEX. xlix State liUnatic Ilosiiital, in relation to, " " " Treasurer of, in relation to, " " " at Taunton, concerning, " Map, pul)lication of, concerning, " of New York, cession of Boston Corner to, " Normal School in County of Essex, to establish, " " " at AVest Newton, concerning, " " Schools, attendants on, for aid to, . " *• " concerning, " Pauper Accounts in Auditor's office, to pay, " " Establishment, concerning, " Printing, concerning, " Prison, additional land to purchase, " '• " Sentences in, relating to, " " certain officers in, salaries of, relating to, " " at Charlestown, concerning, '* " concerning, " " Enlargement of, for the final payment of expenses for, " " in relation to, . " " " a new, •' " " lands adjacent to, " " to supply with water, '< Reform School, to provide for enlargement of, " " " for paying current expenses of, " of Ilhode Island, Treasurer to collect a claim from, " Scholarships, establishing, .... " Tax, Treasurer to borrow money in anticipation of, " to divide into Districts for choice of llepresentatives in Congress, Statistics, Secretary to prepare and publish, showing progress of the Commonwealth, ...... Statutes, Revised, to amend 9th and 14rth sections of 134th chapter of, «• " to repeal i)art of 10th section of 3Sth chapter of, " " support of defendants committed to prison under provisions of chapter 49, ..... Steam-Boat Company, Boston and Nahant, to incorporate, " " Long Island, to incorporate, " " Nantucket, in addition to Act of incorporation, " " Salem, to increase capital stock of, Steam-Boilers, to guard against explosion of, . Steam-Engine Company, Boston, organization authorized, " " " to incorporate, Stcam-Engines, to regulate use of, ... . Steam Tow- Boat Company, Boston, to incorporate, Stevens, John, ilichacl Farren and William Murphy, on Petition of, Stockbridge Hotel Company, to incorporate, Stoddard, Thomas, in favor of, . Stolen and Embezzled Property, receivers and concealers of, relating to. Stone, Charles, on Petition of, to sell real estate, Stoneham Branch Railroad Company, concerning, " a part of annexed to Melrose, . 7 Page 24 187 549 284 5G4 GG4 293 670 294 291 572 273 est — 596 531 171 295 658 677 305 302 252 42 -273, 659 — 290 473 682 99 294 10 129 133 635 529 439 35 176 81 409 137 456 6G0 599 303 464 667 155, 520 376 1 INDEX. stony Brook Railroad Company, relating to, . Streets and Ways, certain grades of, in relation to, « << in the city of Iloxbury, concerning, . Submarine and Wrecking Company, Boston, to incorporate, Suffolk Cordage Company, to incorporate, « County of, to change jurisdiction of cases under Act for rehef of poor debtors, and for approval of bail, . (< << House of Correction, in relation to, . ti « Justices' Court in, and Police Court in Boston, con cerning, ..... " Mutual Loan and Accumiilating Fund Association, to incorporate Suffrage, Right of, to protect, ..... Suo-ar Refining Company, Shawmut, to incorporate. Suits in Equity and Actions at Law, concerning tender in, «( " commencement of, in certain cases, to define, " at Law, giving equitable remedies in, . Superintendent of Alien Passengers, Bonds taken by, relating to com mutation of, . «« «« " late for Boston, for payment of salary of, Supreme Judicial Court and Court of Common Pleas, giving concurrent jurisdiction in certain cases, «< " " Justices of, number increased, . Support of Defendants committed to Prison under provisions of 49th chapter of Revised Statutes, concerning, Survey of Surface Geology of the Commonwealth, concerning, Swampscott, Town of, to incorporate, .... Swan Pond River, Bridge over. Selectmen of Dennis to lower, . Sweetscr, Mary E., on Petition of, .... Swift River Railroad, location and construction of, to extend time for. Page T. Tactics, Infantry, Scott's System of, concerning, . Taunton Bank, in Taunton, to increase capital stock of, . " Branch Railroad Coi-poration, authorized to subscribe to the IMiddleborough and Taunton Raikoad Corporation, " Gas Light Company, to incorporate, " and Middleborough Railroad Corporation, to re\ive charter of, " State Lunatic Ilosx^ital at, concerning, . Tax, State, Treasurer to borrow money in anticipation of, " of Three Hxmdred Tliousand Dollars, to apportion and assess, Taxation of certain Real Estate belonging to the Commonwealth, to pro vide for, ...... " more equal, to secure, ..... " personal property of widows and unmarried females, to ex empt from, in certain cases. Taxes, Assessment of, concerning, .... " for the equalization of, . INDEX. li Taxes, in the City of Boston, time for assessing, changed, " for the more equal assessment of, . *' for the several Counties, granting. Teachers' Association, Massacluisetts, on Petition of, " Institutes, concerning, ..... " " in aid of, . Teele, Edward L. and Ellen C, on Petition of, . Telegraph Company, Atmospheric, to incorporate, " " Commercial, " . . Temporary Home for Destitutes, " Tender in Actions at Law and Suits in Equity, concerning, Terms, Additional, for Court of Common Pleas in Ilampshii-c County; to establish, ....... Texas, relative to citizens of Massachusetts sold into slavery in. Theatre, Boston, to incorporate, ..... " " in addition to Act of incorporation. Theological Institution, Newton, in addition to Act of incorporation. Third Congregational Society in Chelsea, to change name of, " " " Springfield, concerning fund of. Threats, obtaining money by, to punish offence of, Thurston, "William, and James C. Coleman, to extend whai'f in New buryport, . Tillson, John, and James Knott, on Petition of, . Tisbury, certain lands in, to cede to United States juiisdiction over, " "West Parish of, to sell parsonage property, Title of Commonwealth to Flats in Back Bay, to secure. Titles of Peal Estate, derived from aliens, to protect, ToUand and Sandisfield, boundary line of, defining a portion of, Tow-Boat Company, Boston Steam, to incorporate. Town of Dedham, part of, annexed to "\A''alpole, «« " '« « West Roxbury, . " Great Barrington, in favor of, . •' Lakeville, to incorporate, .... " Mai"ion, " .... " Xahant, " .... " North Reading, " .... " Pittsficld, to supply with pure water, . " Raynham, on Petition of, . " Sandwich, relating to annual meeting in for 1852, " Sherborn, in favor of, . " Sherburne, name changed to Sherborn, " Somerset, in favor of, . " Swampscott, to incorporate, .... " "Winthrop, " .... To'Hni Oflicers, relating to, .... . To^NTiway across North River, in Salem, to authorize laying out of, To'rnis to take Land for School-houses, in addition to Act authorizing. Trade Marks, further to protect, . . . . • Transaction of Business under Unauthorized Names, to prevent, Transit of Alien Passengers, concerning, Page 207 409 27i, 6GG 651 154 271 284 204 178 IG 94 530 533 441, 5G0 141 450 580 lii INDEX. Treason, Rape and Arson, to pimish, ..... Page 1S2 Treasurer of the Commonwealth, to borrow money in anticipation of the revenue, .... 271, 649 «« i' to borrow money in anticipation of the State tax, . . . . 6S2 »« " to collect a daim iroia the State of Bhode Island, ... 290 «. " to pay Baring Brothers & Company, iateret on scrip lost, . . 301 •' «' to prestrre coupons which have been paid by Eailroad Companies, . 2 So " " wiih. Secretary and Auditor, to be In- surance Commissioners, . . 165, 222 «« " to receive statements S-om Foreign In- surancs Companies, . . 165 " " to reeave bonds from Foreign Life Insurance Companies, . . 222 of the Stats Lunatic Hospital, relating to, . . . 187 Tree, Omam^ental, Agricultuial and Horticulrural Associations, to reg- ulate, ........ oii Tronont Bank, to increase capital stock of, . . . . 567 " Improvement Company, to incorporate, . . . 583 Triton Mutual Manne Insurance Company, concerning, . . 186 Troy and Greenicld Eailroad Company, conc-eming, . . . 205 " " " " to hold annual meeting in April, 22 Truant Children and Absent«s from School, in addition to Acts con- oomng, ........ 197, 566 Truro, Lewis L. Sellew, to build a wharf in, . . . 388 " Famet Harbor in, X. J. Knight and others to drive piles in, . 421 " andProvinxr^own, certain lands in, to grant jurisdiction to United Slates over, . . 536 " " '■ " :j .^irt iuiisdictiontoTrnited S:^:e5 crer, Act in addition, ..... 612 Trust EstajK, relarxs to, . . . . . . . 203 " F^irds o: Piriihes and Beligiotis Societies, relative to, . . 609 Trustees, c-jnceming, ....... 151 " of Fiiit Metliodist Episcopal Meeting-liotise in Bradford, to change name o^ . . . . . . 546 : House of the Angel Guardian, to incorporate, 458 " of Howe School, in BilleTiea, to incorporate, . . . 14 " of Massachxisetts Humane .Society, on Petition o^ . . 283 " of llinisterial Fund in Xorthfield, '♦ . 669 " of Punchard Free School, on Petition of; . . . 676 " of Second Methodist Episc-opal CTiurch in Harwich, to iaoca^ 13 " of Tufts College, to inc-orporate, . , . .95 " " " in addition to Act of incorporation, . . 184 Tube "Works, American, to incorporate, ..... 37 Maiden, •« ..... 461 Tufts Collie, Trustees of; to incorporate, .... 95 " '* " in addition to Act of incorpcTation, . . 184 Tufts, Otis, and James D. Greoi, on Petition of, . . . 675 INDEX. lui U. Unauthorized Xames, transaction of business under, to prevent, Union Association, in Brighton, to incorporate, . " Bant, in Boston, to increase capital stock of, " " of TVermouth and Brain tree, to increase capital stock of, " Boston Young Men's Christian, to incorporate, . " House, in Worcester, to incorporate, ... " Marine Railway, " ... " Mutual Marine Insiirance Company, to incorporate, *• " " " " in addition to Act of incor poration, ...... " Railroad Company, concerning, .... " " time extended for locating. Unitarian Society, Third, in Dorchester, to incorporate, . United Interest Insurance Company, to change name of, and for other purposes, ...... •• States Chemical Manufacturing Company, to incorporate, «' «' to cede jurisdiction to, of certain lands for the erection of a Light House, " " " " over certain lands in Great "VToods' Hole, . •• " " " " certain lands in Tisbury, " " to grant " " certain lands in ProTinceto\m and Truro, " «' " " " certain lands in Provinceto^m and Truro, Act in addition, " " Vice-President of, in relation to death of, . Unirersalist Society, First, in Cabotrille, to change name of, " '• " in Lawrence, concerning, " " "in Scituate, to change name of, University at Cambridge, Board of Overseers of, explanatory of the Acts relating to organization of, . Unmarried Females and Widows, personal property of, to exempt from taxation in certain cases. ..... Page 450 ioi 504: 483 122 157 32 101 137 445 183 154 7 620 533 541 406 536 612 669 538 442 423 16 578 V. Valuation of ISol, concerning, . . . . . . 682 Ventilation of School-houses, concerning, . . . . 657 Verd Antique Marble Company, to incorporate, . . . . 614 Vermont and Massachusetts Railroad Company, concerning, . . 143 •' " '« " in addition to Act of incorporation, . 438 " •• " " to issue preferred stock, 351 Vice-President of the United States, in relation to the death of, . . 669 Village Bank, to increase capital stock of, .... 479 Volunteer Militia, armories for the use of, concerning, . . . 468 Voting at certain Elections, manner of, concerning, . . . 371 liv INDEX. W. Walker, Freeman, certain acts done by, as a justice of the peace, confirmed, Walker, Sarah, on Petition of, . "Walpole, part of Dedham annexed to, . « K « <« Act in addition, . " Reservoir Company, concerning, Waltham Bank, to increase the capital stock of, . " Gas Light Company, to incorporate, . " Savings Bank, to incorporate, . . . Wamesit Bank, in Lowell, <« . • . ■\Vamsutta Mills, to increase capital stock of, Wfir, peaceful substitutes for, in favor of. Ware Gas Light Company, to incorporate, " Mutual Fire Insurance Company, to incorporate, . " lliver Railroad, concerning, Warren Bank, to increase capital stock of, " and Charles River Bridges, Commissioners in relation to, for the appointment of, .... • Warriner, Walter, on Petition of, • . . Wasliington Mantifacturing Company, to incorporate, . Watch and Police of the City of Boston, respecting, Watchmen of the State House, to establish pay of. Water, Pure, to supply town of Pittsfield with, . " Works, Cambridge, to incorporate, •' '< " City of Cambridge to take stock in, or loan money to, . " " Crystal Lake, concerning, ... «< " " " to incorporate, Wear, Fish, in Provincetown Harbor, J. and E. Nickerson to construct, Webquish, Solomon, and others, on Petition of, . Webster Bank, in Boston, to incorporate, Webster, Clay, and Calhoun, deaths of, response to South Carolina, con cerning, ...... " Fire and Marine Insurance Company, to incorporate, . West Boston Bridge, Hancock Free Bridge corporation, to make solid i portion of, . Westerly fleeting-house. Proprietors of, in Scituate, to change name of, Westfield and Northampton, Hampden and Shelburne Falls Railroac Corporations, union of, relating to, " Bank, to increase capital stock of, " Mutual Fire Insurance Company, to incorporate, <• Savings Bank, to incorporate, . West Newton, concerning State Normal School at, " Parish in Haverhill, to transfer ministerial funds, . " Roxbury, part of Dedham annexed to, " " on Petition of, to sell school land. West's Beach Corporation, to incorporate. West Tisbury, Parish of, to sell parsonage property, Page 426 663 118 380 427 486 427 390 609 360 678 378 352 408 502 INDEX. Iv Westville Manufacturing Company, to incorporate, Wharf, Allstrum, Benjamin, and Holmes, James M., to buikl, " at Captain's Island, for repair of, . " Atkins, James, to build, in Chatham, " Eea, Isaac, and others, to build, . " Case, Reuben C, to build, " City, in Boston, to incorporate, . " '» of Boston, to build, .... " Colhns, Seth, " . " Company, Boston, concerning, . . . " " " to increase capital stock, " " Marsh Bank, to incorporate, . " " Maverick, " " Crosby, Lewis, and others, to build, in Barnstable, «' Crowell, Amaziah, to extend, '• Dockham, Warren, and others, to build, in Newburyport, " Eldi-idge, Ziba, and others, to build, " Emery, James, to build, .... " Gibbs, John C. and others, to extend in Somerset, " Gould, David, and associates, to build, . " Harly, Josiah, Jr., to build, in Chatham, " Ilolway, Ebenezer W., to build, in Pro^vincetown, " Johnson, Timothy P. and Smith, Samuel S., to build, " Kenney, John, Kendrick, Thomas, and associates, to build, " Long, or Boston Pier, concerning proprietors of, " Nickerson, Elisha, to build, " Ober, John P., to extend, in Chelsea, . % " Parker, John B., to build, in West Newbury, " Perry, Darius, to extend, in Dighton, " Pew, John, to extend, in Gloucester, " Picket, llichard and John, to build, '* Ryder, Reuben, 2d, to build, " Scudder, Nelson and Daniel, to extend, . " Sellew, Lewis S., to buUd, in Truro, " Small, Jesse, to extend, in Provincetown, " Smith, Gilbert, and others, to build, at Harwich «♦ Smith, John and Warren, " Somerset Iron Works Company, to build, " Thurston, William, and others, to extend, in Newburyport, " White, George W., and others, to extend, in Charlestown, •• Young, David, to build, ..... " Young, Jonathan H., to buUd, in Provincetown, Whcelock, Martin, on Petition of, ... . White, George W. and others, to extend wharf in Charlestown, Whitney, Amasa, in aid of, .... . Widows and Unmarried Females, personal property of, to exempt from taxation in certain cases, . Williamstown and Hancock Railroad Company, to incorporate, . " "^ and Lebanon Springs Railroad Corporations, ~ consolidation of, . . . Page 525 4-10 278 1(51 390 412 357 523 378 120 195 41 .63S-' ^ 155 443 66 419 374 156 440 66 44 419 554 177 442 66 46 68 22 445 378 438 388 27 412 451 522 40 123 442 46 272 123 308 578 102 455 Ivi INDEX. Winchcndon Overseers of the Poor, on Petition of, Winchester Gas Light Company, to incorporate, " House, in "Winchester, " . . Winthrop, Chelsea, and North Chelsea, in regard to County Commis' sioners in, . • . . << Town of, incorporated, .... Wobum Bank, in Woburn, to incorporate. Women, New England School of Design for, granting aid to, . Women's Benevolent Society, Georgetown, to incorporate. Wood, Jedediah, to construct railway track across liighway in Marlboro' Woodbury, James T., in favor of, .... Woodward, Elisha G., for relief of, . " «' in favor of, ... . Woolens Company, Maverick, to incorporate, Worcester Bank, to increase capital stock of, . " City Guards, on Petition of, . " " Hotel in, to incorporate proprietors of, " County, additional Commissioners of Insolvency appointed for, «' " Assistant Clerk of Courts in, in addition to Act to establish office of, ... " " Carpet MiUs, to incorporate, . " " Institution for Savings, relating to, . " " Judge of Probate for, estabUshing salary of, . " Insurance Company, to incorporate, . " Police Court in, relating to, . '• Proprietors of Union House in, to incorporate, " West Agricultural Society, in favor of, " Young Men's Library Association in, to incorporate, . " " " Rhetorical Society of the City of, to incorporate. World's Fair, Commissioners to, concerning. Worsted Company, New England, to increase capital stock. Wrecking Company, Boston Submai-ine and, to incorporate, Wrentham Branch Railroad, to establish, Wyman, Lydia, of Athol, on Petition of, ... Page 672 C9 217 IIG, 536 28 511 681 114 140 307 275 275 43/3 501 656 565 76 Y. Yarmouth, First Congi'cgational Parish in, to sell ministerial property, " Port Ice Company, to incorporate, Young, Da^^d, to build a wharf, .... Young, Jonathan H., to build a wharf in Provincctown, " Men's Association, of Lee, to incorporate, " «« Benevolent Society, Boston, to incorporate, " " Christian Association, " " " " " Union, «< «« " " Institute, Northampton, << " " Library Association, in Worcester, to incorporate, " " Rhetorical Society of the City of Worcester, to incorporate. ;■ - 1937 ^ P^ f u ) (^ iiiiiiillili