PRIVATE AND SPECIAL Statutes OF MASSACHUSETTS. An Act in further addition to an Act, entitled "An Act for incorporating certain persons for the purpose of building a Bridge over Neponsit [Neponset] River, between Dorchester and Quincy, and for supporting the same." Chap. 1. 1801 ch. 74. (v. 2. p. 528.) 1802 ch. 43. authorized to BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, (v. 3. p. 40.) That the Proprietors of Neponsit Bridge be, and hereby are au- Proprietors thorized to build one additional pier on each side of said bridge, build additional for the preservation of the same, and for the accommodation of pier. vessels passing the draw of said bridge, not exceeding one hundred feet in length or breadth, any thing in said act to which this is in addition to the contrary notwithstanding. [June 5, 1830.] An ACT in addition to ❝ An Act to prevent the destruction of Oysters and other Shell Chap. 2. Fish in this Commonwealth." BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That all the provisions, restrictions and penalties of, and proceedings directed in an act passed in the year of our Lord one thousand seven hundred and ninety-six, entitled" an act to prevent the destruction of oysters and other shell fish in this Commonwealth," be, and the same are hereby extended to the town of Plymouth, in the county of Plymouth. [June 5, 1830.] Repealed, 1836 ch. 7. 1795 ch. 71. 1804 ch. 49. 1816 ch. 59. An ACT to authorize the Union Marine Insurance Company to reduce its capital stock. Chap. 3. SECT. 1. BE it enacted by the Senate and House of Repre- 1803 ch. 92. sentatives, in General Court assembled, and by the authority of (v. 3. p. 333.) the same, That the Union Marine Insurance Company be, and (v. 3. p. 485.) they hereby are authorized to reduce the capital stock of said 1810 ch. 47. corporation to one hundred thousand dollars, and to divide the 1823 ch. 14. excess among the stockholders proportionally; and such reduced Capital stock capital stock shall be divided into two thousand five hundred reduced. shares, each share to consist of forty dollars; and a sum not exceeding ten thousand dollars may be vested in real estate provided, that nothing herein contained shall affect or diminish the number of shares which any stockholder now holds, or is entitled to, in the capital stock of said company, but the same shall remain as though this act had not been passed. Former con SECT. 2. Be it further enacted, That no contracts whatever, tracts not to be heretofore made by said corporation shall be in any manner affected or impaired by said reduction and division. impaired. When this act SECT. 3. Be it further enacted, That this act shall not take shall take effect. effect until, by reassurance or compromise with the assured, said corporation shall have protected, or relieved itself from so much of any outstanding risk, as exceeds the sum of ten per centum of its reduced capital. [June 5, 1830.] Chap. 4. Persons incorporated. Powers. Proviso. Capital stock, directors, &c. An ACT to establish the Boston and Lowell Rail-road Corporation. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That John F. Loring, Lemuel Pope, Isaac P. Davis, Kirk Boott, Patrick T. Jackson, George W. Lyman and Daniel P. Parker, their associates, successors and assigns, be, and they hereby are made a body politic and corporate, under the name of the "Boston and Lowell Rail-road Corporation," and by that name shall be, and hereby are made capable in law, to sue, and to be sued to final judgment and execution, plead and be impleaded, defend and be defended, in any courts of record, or in any other place whatever; to make, have and use a common seal, and the same to break, renew or alter at pleasure; and shall be, and are hereby vested with all the powers, privileges and immunities, which are or may be necessary to carry into effect the purposes and objects of this act, as herein after set forth. And the said corporation are hereby authorized and empowered to locate, construct, and finally complete a rail-road, at or near the city of Boston, and thence to Lowell, in the county of Middlesex, in such manner and form as they shall deem to be most expedient and for this purpose the said corporation are authorized to lay out their road, at least four rods wide, through the whole length; and for the purpose of cuttings, embankments, and stone and gravel, may take as much more land as may be necessary for the proper construction and security of said road. Provided, however, that all damages, that may be occasioned to any person or corporation, by the taking of such land or materials for the purpose aforesaid, shall be paid for by said corporation, in the manner herein after provided. SECT. 2. Be it further enacted, That the capital stock of said corporation shall consist of one thousand shares; and the immediate government and direction of the affairs of the said corporation shall be vested in five directors, who shall be chosen by the members of the corporation, in the manner hereafter provided, and shall hold their offices until others shall be duly elected and qualified to take their place as directors; and the said directors, a majority of whom shall form a quorum for the transaction of business, shall elect one of their own number to be president of the board, who shall also be president of the corporation; and shall have authority to choose a clerk, who shall be sworn to the faithful discharge of his duty, and a treasurer, who shall give bonds to the corporation, with sureties to the satisfaction of the directors, in a sum not less than twenty thousand dollars, for the faithful discharge of his trust. ident and directors. SECT. 3. Be it further enacted, That the president and di- Powers of presrectors for the time being are hereby authorized and empowered, by themselves, or their agents, to exercise all the powers herein granted to the corporation, for the purposes of locating, constructing and completing said rail-road; and all such other powers and authority for the management of the affairs of the corporation, not heretofore granted, as may be necessary and proper to carry into effect the objects of this grant; to purchase and hold land, materials, and other necessary things in the name of the corporation, for the use of said road; to make such equal assessments, from time to time, on all the shares in said corporation, as they may deem expedient and necessary in the execution and progress of the work, and direct the same to be paid to the treasurer of the corporation. And the treasurer shall give notice of all such assessments. And in case any subscriber Sale of delinshall neglect to pay his assessment, for the space of thirty days quent's shares, after due notice by the treasurer of said corporation, the directors may order the treasurer to sell such share or shares at public auction, after giving due notice thereof, to the highest bidder, and the same shall be transferred to the purchaser. And such delinquent subscriber shall be held accountable to the corporation for the balance, if his share or shares shall sell for less than the assessments due thereon, with the interest and costs of sale, and shall be entitled to the overplus, if his share or shares shall sell for more than the assessments due, with interest, and the costs of sale: provided, however, that no assessments shall Proviso. be laid upon any shares in said corporation, of a greater amount in the whole, than five hundred dollars on each share. &c. SECT. 4. Be it further enacted, That the said corporation By-laws, &c. shall have power to make, ordain and establish all such by-laws, rules, regulations and ordinances, as they shall deem expedient and necessary to accomplish the designs and purposes, and to carry into effect the provisions of this act, and for the well ordering, regulating, and securing the interests and affairs of the corporation provided, the same be not repugnant to the constitution and laws of the Commonwealth. SECT. 5. Be it further enacted, That a toll be, and hereby Tolls. is granted and established, for the sole benefit of said corporation, upon all passengers and property of all descriptions which may be conveyed or transported upon said road, at such rates per mile, as may be agreed upon and established from time to time by the directors of said corporation. The transportation of persons and property, the construction of wheels, the form of cars and carriages, the weight of loads, and all other matters and things in relation to the use of said road, shall be in conformity to such rules, regulations and provisions as the directors shall from time to time prescribe and direct, and said road may be used by any persons who shall comply with such rules and regulations provided, however, that, if at the expiration of four Proviso. Toll-houses and reports to the Legislature. Corporation shall pay damages for land taken. Lands of in taken. years from and after the completion of said road, the net income or receipts from tolls, and other profits, taking the four years aforesaid as the basis of calculation, shall have amounted to more than ten per cent. per annum upon the cost of the road, the Legislature may take measures to alter and reduce the rate of tolls and other profits, in such manner as to take off the overplus for the next four years, calculating the amount of transportation upon the road to be the same as the four preceding years; and at the expiration of every four years thereafter the same proceedings may be had. SECT. 6. Be it further enacted, That the directors of said corporation for the time being are hereby authorized to erect toll-houses, establish gates, appoint toll-gatherers, and demand toll, upon the road, when completed, and upon such parts thereof as shall from time to time be completed, and they shall, from year to year, make a report to the Legislature of their acts and doings, receipts and expenditures, under the provisions of this SECT. 7. Be it further enacted, That the said corporation shall be holden to pay all damages that may arise to any person or persons, corporation or corporations, by taking their land for said rail-road when it cannot be obtained by voluntary agreement, to be estimated and recovered in the manner provided by law, for the recovery of damages happening by the laying out of highways. act. SECT. 8. Be it further enacted, That, when the lands or fants, &c. how other property or estate of any femme covert, infant or person non compos mentis, shall be necessary for the construction of said rail-road, the husband of such femme covert, and the guardian of such infant or person non compos mentis, may release all damages for any lands or estates, taken and appropriated as aforesaid, as they might do, if the same were holden by them, in their own right respectively. Penalties for ries. SECT. 9. Be it further enacted, That, if any person shall malicious inju- wilfully, maliciously, or wantonly, and contrary to law, obstruct the passage of any carriage on said rail-road, or in any way spoil, injure or destroy said rail-road, or any part thereof, or any thing belonging thereto, or any material or implements to be enployed in the construction or for the use of said road; he, she or they, or any person or persons, assisting, aiding or abetting in such trespass, shall forfeit and pay to said corporation, for every such offence, treble such damages as shall be proved before the justice, court or jury, before whom the trial shall be had; to be sued for and recovered before any justice or in any court proper to try the same, by the treasurer of the corporation or other officer, whom they may direct, to the use of said corporation. And such offender or offenders, shall be liable to indictment by the grand inquest, for the county within which such trespass shall have been committed, for any offence or of fences, contrary to the above provisions, and on conviction thereof before any court of common pleas, to be holden in said |