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shares and assessments.
should not be appointed, said corporation shall appear and deny the complainant's title to the land damaged, or shall claim a right to do the acts complained of, without the payment of damages, or for an agreed composition, the said court shall first order a trial of the issue at the bar of said court, or if there is an issue in law, shall try it themselves ; and in either case, either party may appeal to the supreme judicial court, as in other cases; and a certificate of the determination of the supreme judicial court, on such appeal, in favor of the original applicant, shall be filed in said court of common pleas before such committee shall be appointed.
Sect. 3. Be it further enacted, That, if any person, or per- Penalty for wilsons, shall wilfully injure any part of said breakwater, or pier, or fully injuring any works appertaining to the same, such person or persons, for every such offence, shall forfeit and pay to the said corporation, treble such damages, as said corporation shall prove that they have sustained by means thereof, before any justice, or court and jury, before whom the trial shall be, to be sued for, and recovered with costs, in any court proper to try the same.
And such offender or offenders shall farther be liable to indictment for such offence or offences, and, on conviction thereof, shall be sentenced to pay a fine to the use of the Commonwealth, of not less than ten dollars, nor more than one hundred dollars.
Sect. 4. Be it further enacted, That the capital stock of Capital stock, said corporation shall be divided into one hundred shares, of one hundred dollars each, certificates of which shall be issued under the seal of the corporation, and be signed by the president, and countersigned by the treasurer thereof, and the said shares shall be deemed personal estate, and may be transferred in such manner, as the corporation shall direct : and the corporation may make assessments on the shares : provided, however, that the whole amount of assessments on each share above the original value thereof, shall not exceed the sum of fifty dollars ; and in case the amount of such assessments will not supply the necessary funds, the corporation may create and sell any number of new shares, necessary to supply the requisite funds. And if the sale of delinproprietor of any share shall neglect or refuse to pay any assess- quents' shares. ment, for the term of sixty days from the time the same shall become due, the share or shares of such proprietor may be sold at public auction, notice of the time and place being given by the treasurer, in any newspaper printed in the county of Essex, three weeks before the time appointed for such sale, and also by posting up notifications in two or more public places in the town of Gloucester, ten days at least before such sale. And the proceeds of such sale shall be applied to the payment of the assessments due on the share or shares so sold, with incidental charges; and the surplus, if any, shall be paid to the proper owner, or his legal representative on demand ; and the purchaser or purchasers of such share or shares shall receive a new certificate, or certificates thereof : provided, however, that if, before the actual sale of any such share, the proprietor thereof VOL. VII.
shall pay the assessments due thereon, with interest from the time they became due, and all reasonable charges, the sale shall
not proceed. Dockage, &c.
Sect. 5. Be it further enacted, That the said corporation shall be entitled to ask and receive, for their benefit, for all vessels, rasts, or other articles, coming within the said basin, such dockage or rents, and such wharfage on all goods and property as shall be landed or taken off within their limits, as such corporation, at a legal meeting held for that purpose, may determine to be necessary and sufficient. And the said corporation may contract, by the year or otherwise, with any person, as to the terms
on which he may have the privilege of using said basin. First meeting. Sect. 6. Be it further enacted, That the persons named in
the first section, or any two of them, may call the first meeting of said corporation, by giving at least seven days notice of such meeting, and the time and place thereof, in any newspaper printed in the county of Essex, and by posting up notices of said meeting in two or more public places in the town of Gloucester, seven days at least previous thereto. And the number, powers, duties and names of the officers of said corporation, and the time
and inanner of choosing them, may be determined by the byRight of voting. laws; and, at all meetings of the corporation, each stockholder
shall be entitled to one vote for every share held by him, but no one stockholder shall have more than ten votes ; and absent
stockholders may vote by proxy, duly authorized in writing. Legislative con- Sect. 7. Be it further enacted, That this act may be
amended or repealed at the pleasure of the Legislature. (Feb.
5, 1831.] Add. act, 1836 ch. 213. Chap. 35. An Act to annex a Gore of Land to the town of Hardwick.
BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same,
That the following described gore of unincorporated land be an
nesed to, and made a part of, the town of Hardwick, in the Description of county of Worcester, to wit: beginning at the north-west corner
of said Hardwick, and running north, seventy degrees east, five rods, to the southerly corner of Petersham, thence south, fortyone degrees and one fourth east, one hundred and eighty-four rods on the line of Petersham, to the south-east corner thereof, and thence north, thirty-seven and one half degrees west, one hundred and eighty-six rods, on the line of Hardwick, to the
bound first mentioned. [Feb. 7, 1831.] Chan. 36. An Act to set off a part of the town of Wrentham, and annex it to the town of Foxbo
BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That so much of the town of Wrentham, with the inhabitants thereon, as lies easterly of the following described line, be set off from
said Wrentham, and annexed to the town of Foxborough, to wit: Boundaries. beginning at a monument on Flat rock, (so called,) on the line
between said towns, and thence running north, twenty-seven and
one half degrees east, one hundred and forty rods, to a stake and stones on the dividing line between said towns : provided, however, that the inhabitants and land thus set off shall be holden to pay all taxes heretofore assessed, in the same manner as if this act had not been passed. [Feb. 7, 1831.] An Act to set off certain Land from the town of Western, and to annex it to the town Chan. 37. of Palmer.
BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same,
That so much of the town of Western, in the county of Worcester, as lies westerly of the following described line, be set off from said Western, and annexed to the town of Palmer, in the county of Hampden, to wit: beginning at a rock in the line be- Boundaries. tween said towns, marked W. P., and running north, forty-two and one half degrees east, one hundred and ninety-two rods, to a monument in the line between said towns, marked W. P., being the same territory set off from Palmer to Western, by an order of the General Court, passed January fifth, one thousand seven hundred and sixty-four: provided, however, that all taxes heretofore assessed upon said territory shall be collected in the same maoner as if this act had not been passed. [Feb. 7, 1831.) An Act to establish a Fire Department in the First, or Harbor Parish, in the town of Chap. 38. Gloucester.
Sect. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the fire department of the first, or harbor parish Fire departof the town of Gloucester, shall hereafter consist of a chief engi- more neer, and as many assistant engineers, not exceeding twelve, as the selectmen of said town shall annually, on the first Wednesday of April, appoint, who shall hold their offices for one year, from the first day of May next succeeding ; also, as may engine men, hose men, and hook and ladder men, as the said engineers shall, annually, on the first Wednesday of April, or as soon thereafter as may be, appoint : provided, that the number of engine men shall not exceed fifty for every hydraulion or suction engine, thirty for every common engine, five for every hose carriage, and twenty-five hook and ladder men.
Sect. 2. Be it further enacted, That the engineers so ap- Powers of the pointed be, and they are hereby authorized and required to exer
engineers. cise all the powers, and to perform all the duties, in relation to the nomination and appointment of engine men, which the selectmen of said town have been heretofore authorized and required to exercise and perform ; and engine men appointed by said engineers shall be subject to the same duties, and entitled to the same privileges and exemptions, as engine men are by law entitled to, when appointed by the selectmen.
Sect. 3. Be it further enacted, That the chief engineer May demolish and engineers so appointed shall have the same power and author- buildings. ity, relative to pulling down or demolishing any house or other building, to prevent the spreading of fires, and relative to all other matters and things affecting the extinguishment or prevention of
fires, or the commanding assistance at them, as firewards now by law have ; and the said town of Gloucester shall be liable to pay all such reasonable compensation or damage done by, or consequent upon, the acts or direction of said chief engineer or engineers, as other towns in this Commonwealth are liable to pay in
like cases, for like acts and directions done or given by their fireFines, how dis- wards. And all fines and forfeitures arising within the said first tributed.
or harbor parish of Gloucester, under the laws of this Commonwealth, relative to the extinction or prevention of, or proceedings at fires, shall be distributed in such manner, and applied to such
uses, as the said town of Gloucester shall ordain and direct. Members ex- Sect. 4. Be it further enacted, That the members of said empt from military duty.
fire department shall be exempted from all military duty and service in the militia, so long as they shall continue members thereof; and it shall be the duty of every person so exempled to produce to the commanding officer of the company within whose bounds he resides, a certificate of his appointment, within twenty days from and after his appointment, and annually thereafter
in the month of April. Punishment for Sect. 5. Be it further enacted, That, if any person shall, maliciously in- within the aforesaid first or harbor parish of Gloucester, wantonjuring pumps, &c.
ly and maliciously spoil, break, injure, damage or render useless, any public pump or cistern, or any engine, hose, or sail carriage, or any fixture or appendage thereunto belonging, and shall be convicted thereof before the supreme judicial court, he shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding two years, at the discretion of the court, and be further ordered to recognize, with sufficient surety or sureties for his good behaviour, for such term as the court
shall order. Former laws re- Sect. 6. Be it further enacted, That from and after the orpealed.
ganization of a fire department under this act, and notice thereof being given in the Gloucester Telegraph, published in said town of Gloucester, all laws of this Commonwealth relating to the election and appointment of firewards, so far as they affect the election and appointment of firewards in the said first or harbor par
ish of Gloucester, be, and the same are hereby repealed. When this act Secr. 7. Be it further enacted, That the provisions of shall be in force. this act shall take effect and be in force as soon as the same shall
be accepted by the citizens of said town qualified to vote in town affairs, at a legal meeting held for that purpose, and shall continue in force until altered, amended or repealed by the Leg
islature. [Feb. 7, 1831.] Chap. 39. An Amshuthorizing the County of Franklin to make use of the Gaol in the County of
Sect. 1. BE it enacted by the Senate and House of Rep
resentatives, in General Court assembled, and by the authority Sheriff to re- of the same, That when the county commissioners, for the counmove prisoners.
of Franklin, shall deem it necessary to remove the prisoners who may be confined in the gaol in said county, to a place of greater security, it shall be lawful for the sheriff of said county,
or his deputy, and he is hereby authorized to remove all such prisoners so confined, as well those confined for debt as for any other cause, to the gaol in Northampton, in the county of Hampshire, and the keeper of said gaol is hereby authorized to receive and detain in his custody all such prisoners so removed, and shall have the same powers, and shall perform the same duties in respect to such prisoners, as if they had been originally committed in said county of Hampshire, and all the rights and privileges of debtors and creditors interested in such commitments, shall remain the same as if such debtors had continued in gaol in the county of Franklin.
Sect. 2. Be it further enacted, That all officers in the Powers and ducounty of Franklin, having authority to commit prisoners to gaol, ties of officers are hereby authorized to commit their prisoners to the gaol in trates. Northampton, in the county of Hampshire, and all persons so committed by officers of the county of Franklin to the gaol in Northampton, aforesaid, shall be entitled to the same benefits and privileges as they would, had they been committed to gaol in the county of Franklin, and it is hereby made the duty of the proper magistrates and officers of the county of Hampshire, to administer all oaths and perform all other services necessary for that purpose : provided, the consent of the county commissioners of the county of Hampshire, thus to use and occupy the said gaol in Northampton, for the purposes aforesaid, be first had : proviled, also, that all expenses occasioned by the operation of this act shall be paid by the county of Franklin.
Sect. 3. Be it further enacted, That this act shall continue Act, how long and be in force, until the county commissioners of the county of to operate. Franklin shall decide that the gaol in said county is sufficient for the safe keeping of all such prisoners as may be committed to it. [Feb. 8, 1831.) An Act to incorporate the Reading Agricultural and Mechanic Association.
Chap. 41. Sect. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Edmund Parker, Joshua Prescott, Warren Persons incorPerkins, Abiel Holden, Jonas Parker, and their associates, with porated. such as may hereafter associate with them, be, and they hereby are incorporated, by the name of the Reading Agricultural and Mechanic Association, with power to have and use a common seal, to make by-laws for the management of said corporation, and its funds, and for the purpose of encouraging agriculture and the mechanic arts, by granting premiums, or loans of money, and for relieving the distresses of unfortunate mechanics and their families, and to have all the privileges usually given by acts of incorporation to charitable societies, and the said corporation Real and permay bold and possess real estate not exceeding the value of five sonal estaie. thousand dollars, and the annual income of its personal estate shall not exceed the sum of two thousand dollars.
Sect. 2. Be it further enacted, That Warren Perkins and First meeting. Joshua Prescott are hereby authorized to call the first meeting