CHAP. XXXIX. An Act relative to the "Massachusetts Fire and BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the capital stock of the Massachusetts Fire and Marine Insurance Company may be divided into three thousand shares, of one hundred dollars each, instead of eight thousand shares of thirty-seven and a half dollars each, as by law is now required. [Approved by the Governor, March 21, 1836.] CHAP. XL. An Act for the better preservation of the growth of Wood and Timber, on a tract of woodland in the towns of Wenham and Hamilton. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: SEC. 1. For the better preservation of the growth Boundaries of the of the wood and timber, on a certain tract or parcel of woodland. woodland commonly known by the name of Wenham Great Swamp, and bounded as follows, viz: Be Running at large of cattle, &c. Fence to be erected. ginning at Pleasant pond brook, commonly so called; thence southerly by Pleasant pond, to land of Jacob Dodge; westerly and northerly on land of said Dodge, to a meadow, known by the name of Wenham great meadow, to the nail maple, so called, near Ipswich river, in Topsfield; thence to said river, and northerly by said river to land of Reuben Smith; thence easterly by land of said Smith, and other adjacent proprietors, to Pleasant pond brook, aforementioned; the proprietors of said lands, their heirs and assigns, are hereby incorporated and invested with all the powers and privileges which the proprietors of common and general fields by law are invested with. SEC. 2. If any of the said proprietors, or any field driver, or hay-ward duly appointed by them, shall find any horse, or horse kind, neat cattle or sheep, going at large in said woodland, the owner or owners thereof shall forfeit and pay to the use of said proprietors, or field driver, or hay-ward, one dollar a head for neat cattle, and the same for each horse or horse kind, and thirty cents for each sheep so found going at large; the same to be recovered as in cases of creatures taken damage feasant in any general and common field. SEC. 3. The said adjacent proprietors shall be severally entitled to have and hold all the fence now standing on the dividing line, between their respective closes and said swamp, and they shall severally be holden to make and maintain a legal and sufficient fence upon the whole of the line aforesaid, during the continuance of this act; and at the expiration thereof, one half the fence on the line aforesaid shall revert to, and be holden by said proprietors; and the said adjacent proprietors, severally, shall be entitled to demand and receive of the said proprietors, at and after the rate of seventy cents for each and every rod of one half the fence on the dividing line aforesaid; and if the said proprietors shall fail, for the space of six months after the making and completing such fence, and due notice thereof given to their clerk, to pay the amount which may be due for such half of the fence, then the said adjacent proprietors, severally, shall be entitled to an action for the recovery thereof, in any court proper to try the same. SEC. 4. This act shall continue and be in force for the term of thirty years. [Approved by the Governor, March 21, 1836.] CHAP. XLI. An Act authorizing Registers of Probate to adjourn Courts of Probate in certain cases. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: Whenever there shall be a vacancy in the office of judge of probate, in either of the counties in this State, by death, resignation, or otherwise; or, whenever a judge of probate shall, for any cause, fail to attend a regular term of said court, the register of said court shall have authority to adjourn the same, from time to time, until all matters and things pending in said court, may be regularly adjudicated upon according to law. [Approved by the Governor, March 21, 1836.] Title and general powers. Government. Wards. CHAP. XLII. An Act establishing the City of Salem. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: SEC. 1. The inhabitants of the town of Salem, shall continue to be a body politic and corporate, under the name of the City of Salem, and as such, shall have, exercise, and enjoy all the rights, immuties, powers and privileges, and shall be subject to all the duties and obligations, now incumbent upon and appertaining to said town as a municipal corpo ration. SEC. 2. The administration of all the fiscal, prudential and municipal affairs of said city with the government thereof, shall be vested in one principal officer, to be styled the Mayor, one council of six to be denominated the Board of Aldermen, and one council of twenty-four, to be denominated the Common Council; which boards, in their joint capacity, shall be denominated the City Council, and shall be sworn to the faithful performance of the duties of their respective offices. A majority of each board shall constitute a quorum for the transaction of business. SEC. 3. From and after the first Monday in March next, for the purpose of holding all elections, said city shall be divided into six wards, to contain as nearly as conveniently may be an equal number of inhabitants. And it shall be the duty of the city council, once in ten years and not oftener, to revise, and if it be needful, to alter said wards, in such manner as to preserve, as nearly as may be, an equal number of voters in each ward. clerks. SEC. 4. On the Tuesday preceding the second Wardens and Monday in March annually, there shall be chosen by ballot, in each of said wards, a warden and clerk, who shall hold their offices for one year, and until others shall have been chosen in their places. And Their duties. it shall be the duty of such warden to preside at all ward meetings, with the powers of moderators of town meetings. And if, at any meeting, the warden shall not be present, the clerk of such ward shall call the meeting to order, and preside until a warden pro tempore shall be chosen by ballot. And if at any meeting the clerk shall not be present, a clerk pro tempore shall be chosen by ballot. The clerk shall record all the proceedings and certify the votes given, and deliver over to his successor in office, all such records and journals, together with all other documents and papers held by him in said capacity. The inhabitants of each ward shall choose by ballot two persons to assist the warden in receiving, sorting and counting the votes. And the warden, clerk, and assistants so chosen shall respectively be under oath, faithfully and impartially to discharge their several duties relative to all elections, which oath may be administered by any justice of the peace of said city. And all warrants for the meetings of the Warrants for citizens for municipal purposes to be had either in wards or in general meetings, shall be issued by the mayor and aldermen, and shall be in such form, and shall be served, executed, and returned at such time, and in such manner, as the city council may, by any by-law, direct and appoint. meetings. |