|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the ap- Former act re- pointment of Appraisers in Civil Process," approved May P^^^^'i- 24th, 1851, is hereby repealed.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,