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porated.

of said corporation, at such time and place as they shall appoint, by giving personal notice to each of their associates, at which meeting by-laws may be made, and the mode of calling future

meetings regulated. Legislative cou. Sect. 3. Be it further enacted, That this act may be trol,

amended, revised and repealed at the pleasure of the Legislature.

[Feb. 10, 1831.] Chap. 44. An Act to incorporate the Proprietors of the Mount Pleasant Classical Institution.

Sect. 1. BE it enacted by the Senate and House of Rep

resentatives, in General Court assembled, and by the authority of Persons incore the same, That Francis Fellowes, Joel W. Newton, and Martin

Thayer, with their associates, successors and assigns, be, and they hereby are made a body politic and corporate, by the name of the Proprietors of the Mount Pleasant Classical Institution, in the town of Amherst, in the county of Hampshire, for the advancement of the purposes of education and instruction in the liberal sciences and arts; and the said corporation shall have power from tiine to time to choose a clerk, treasurer, and such other officers as they may judge necessary, may have a common seal, which they may alter or renew at their pleasure, may make contracts, sue and be sued in all actions, and prosecute and desend the same to final judgment and execution, and may make and establish any by-laws, rules and regulations for the government of their affairs, for the division of their property into shares, and for the sale and transfer thereof : provided, the same are not

repugnant to the constitution and laws of this Commonwealth. Real and per Sect. 2. Be it further enacted, That said corporation may sonal estate. lawfully hold and possess such real estate, not exceeding in value

the sum of fifty thousand dollars, and such personal estate, not exceeding in value the sum of thirty thousand dollars, as may be necessary and convenient, the income or proceeds of which shall be appropriated for the benefit of education, and for no other purpose.

Sect. 3. Be it further enacted, That said corporation may from time to time, at any legal meeting called for the purpose, assess upon each share in the capital stock such sum or sums of money as they may judge expedient for the objects of the corporation, and for defraying the expenses thereof, to be paid to the treasurer at such times as they may direct; and if any proprietor shall neglect to pay any such assessment for the space of

ten days after such time of payment, it shall be lawful for the Sale of shares treasurer to sell at public vendue such part of the shares of such to pay assess

delinquent proprietor as may be sufficient to pay such assessment with incidental charges, giving notice in some newspaper printed in said county of the time and place of sale, and the sum due on each share, three weeks successively before the day of sale, and such sale shall be a legal transfer of the share or shares so sold

to the purchasers thereof. First meeting.

Sect. 4. Be it further enacted, That any one of the persons named in this act may call the first meeting of said corporation, by personal notice of the time and place of meeting, given

Assessments.

ments.

to each of the persons named herein ten days before the time of meeting.

Sect. 5. Be it further enacted, That the legislature may at Legislative any time alter or repeal this act. [Feb. 16, 1831.]

control.

An Act to incorporate the Broad Cove Dam Company.

cap. 46. Sect. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Rufus W. Lincoln, Luther J. Barnes, Thomas Persons incorLoring, Henry Nye, Rufus Lane, Francis G. Ford, Ensign porated. Barnes, Jr., Daniel Basset, Moses L. Humphrey, their associates and successors, be, and they are hereby constituted a body corporate and politic, by the name of the Broad Cove Dam Company, for the purpose of making, upholding and maintaining a dam across Broad Cove, in Hinghain, extending from or near a place called Major's wisarf, to Otis' Hill, and to enable said corporation to provide within said dam a place of security for vessels from the fifteenth day of November to the fifteenth day of March, in each and every year ; and said corporation may sue and be sued by their name aforesaid, have a common seal, and ordain and establish such by-laws and regulations, not repugnant to the constitution and laws of the Commonwealth, and choose such officers, as the good management of said body corporate may at all times require, and may purchase, receive by gift or Real and perdevise, and hold real and personal estate, provided the amount sonal estate. thereof shall not exceed the sum of thirty thousand dollars.

Sect. 2. Be it further enacted, That said corporation shall cause to be erected, in some convenient part of said dam, suitable gates to permit vessels to pass and repass from the fifteenth day of March to the fifteenth day of November, in each year, and between the fifteenth day of November and the fifteenth day of March, in each year, are authorized to close said gates, to exclude the tide therefrom, for the security of vessels within. And any person sustaining any damage by the creation of said Damages to be dam, or the exclusion of said water, may apply, within two years est from the time when any such damage may have happened, to the court of common pleas, holden within and for the county of Plymouth, for a committee to be appointed, to estimate the damnage, unless the parties shall agree to settle the same by arbitration or otherwise. And, upon such application, the court, after thirty days notice to said corporation, to appear and shew cause why such committee should not be appointed, shall, if no good cause be shewn to the contrary, appoint three disinterested freeholders within the said county, which committee, being first duly sworn before some justice of the peace, appointed by said court, and giving due notice to both parties to appear, if they see fit, and be beard before them, shall proceed to the duties of their appointment; and they shall inquire whether any damage has been sustained from the causes aforesaid, and, if any, they shall estimate the same. And, where the damage is annual, they shall so declare the same in their report; and they shall also take into consideration, and set off

stimate committee.

against said damage, any benefits and advantages which may result to the party complainant in consequence of the said dam; and if the benefits shall be found to exceed, or to equal the damages, then the said committee shall make their report, that the complainant take nothing by his complaint ; and they, or a major part of them, shall make return of their doings, as soon as may be, into the said court, and upon the acceptance of said re

port, judgment may be rendered for the prevailing party, with Either party reasonable costs : provided, nevertheless, that either party, after may claim a trial by jury.

the return of said report, may claim a trial by jury, and the said court shall, thereupon, stay judgment on said report, and a trial shall be had by jury, at the bar of said court ; and the said jury shall inquire into the damages, and estimate the same, if any, and shall also take into consideration, and set off against such damage any benefits which may result to the party complainant, in consequence of the said dam being erected ; and if the said benefits shall be found to exceed, or to equal the said damages, then the said jury shall return their verdict for the respondents, and judgment shall be rendered for the respondents for costs; and if the party applying for a jury shall not obtain, in case it be the original applicant, an increase of damages, or in case it be the original respondent, a decrease of the damages awarded by the committee, such party shall pay reasonable costs of such trial by jury, otherwise shall recover reasonable costs; and upon any judgment rendered upon the report of such committee, or the verdict of such jury, the court may issue execution accordingly, and also from year to year, where the damages awarded are annual, on motion of the party entitled thereto ; and an action of debt may be maintained on such judgment. And if, upon notice to said corporation as aforesaid, to shew cause why such committee should not be appointed, said corporation shall appear and deny the title to the lands or other property damaged, or shall claim a right to do the acts complained of, without the payment of damages, or for an agreed compensation, the said court shall first order a trial of the issue at the bar of said court, and, 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. Penalty for ma. Sect. 3. Be it further enacted, That if any person or licious injuries.

persons shall wilfully, maliciously, or contrary to law, take up, remove, break down, or dig under, or otherwise injure said dam and gates, or any work appertaining to the same, or any part thereof, such person or persons shall forfeit and pay to said corporation, treble such damages as said corporation shall, to the justice or court and jury before whom the trial shall be, make appear that they have sustained, by means of the said trespass, to be sued for and recovered, with costs, in any court proper to try the same. And if any person or persons shall open the gates of said dam, without the consent of said corporation, at any time

hares,

between the fifteenth day of November and the fifteenth day of March, such person or persons shall forfeit and pay treble the damages caused thereby to said corporation, or to the owners of any vessel within said darn, to be recovered, with costs, as aforesaid.

Sect. 4. Be it further enacted, That the stock or property Stock to be diof said corporation shall be divided into shares, not to exceed vi

Od vided into three hundred in number, certificates of which shall issue under the seal of said corporation, and be signed by the president and treasurer thereof; and the said shares shall be taken and deemed to be personal estate, and may be transferred by endorsement, and such transfer shall be recorded by the secretary of said corporation; and said corporation may make assessments on the Assessments. shares for the purpose of effecting the objects of the corporation : provided, however, that the whole amount of assessments on each share, after deducting the amount of all dividends previously declared thereon, shall not exceed the sum of fifty dollars. And, in case the amount so assessed on each share will not supply the necessary funds, the corporation may raise the funds required, by selling any shares not subscribed for, or by creating any necessary number of shares over and above the said three hundred. And if the proprietor of any share or shares shall refuse or neg- Sale of delinlect to pay any assessments for the term of sixty days after the quents’ shares. same hath become due, the share or shares, on which there is a delinquency, may be sold at public auction, notice of the time and place being given, by the treasurer of said corporation, in the Hingham Gazette, three weeks, at least, before the time appointed for such sale, or by posting up notifications in three public places in said town of Hingham, ten days at least before the sale, and the proceeds of such sale shall be applied to the payments due on such share or shares so sold, with incidental charges, and the surplus, if any, shall be paid to the former owner, or his legal representative, on demand. And such sale shall give good and complete title to the purchaser or purchasers of such share or shares, who shall receive a new certificate thereof : provided, however, that if, before the actual sale of any such delinquent share or shares, the proprietor thereof pay the assessments due thereon, and all necessary and reasonable charges, the sale shall not proceed.

Sect. 5. Be it further enacted, That the said corporation Dockage. shall be entitled to ask and receive, for their sole use and benefit, from all vessels or boats coming within said dam into the basin by it enclosed, such dockage as the proprietors thereof may agree upon at a legal meeting held for that purpose.

SECT. 6. Be it further enacted, That Rufus W. Lincoln, First meeting. Luther J. Barnes, and Thomas Loring, named in the first section of this act, or any two of them, may call the first meeting of said corporation, to be holden at such time and place as they may judge proper, of which meeting they shall give notice, by publishing it in the Hingham Gazette, or by posting up said notice in three public places in said Hingham, ten days at least before

VOL. VII.

trol.

cm altering thed by the bed, and

Right of voting. said meeting. And at meetings of said corporation, each share

shall be allowed one vote : provided, however, that no one proprietor shall be allowed more than ten votes, and absent proprie

tors 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.

17, 1831.] Chan. 4.8. An Act altering the dividing line between the Towns of Dartmouth and New Bedford.

BE it enacted by the Senate and House of Representatives, in

General Court assembled, and by the authority of the same, Dividing line That from and after the passing of this act, the dividing line bedescribed.

tween the towns of Dartmouth and New Bedford shall be as follows, viz : beginning at the beach at Clarke's Cove-lhence north, nine and one half degrees west, six rods to the middle of the bridge in the road leading across said beach—thence on the same course two hundred and forty-six rods to the south east side of the Aponaganset road, opposite to the bridge—thence north, twenty-six degrees west, two hundred and seventy-six rods to the south side of the road leading from New Bedford to Smith's mills, opposite to the westernmost bridge—thence north, twenty-two degrees west, about two hundred ninety-four rods to a large peaked rock in the westerly part of Ebenezer Hathaway's farm—thence north, thirty-one degrees east, about two hundred and sixty rods to the bridge on the old road leading to Sunith's mills—thence north, forty-seven degrees west, about five hundred and eighty-six rods to a marked maple tree on the south side of Philip Allen's mill-dam-thence north, fifteen degrees east, about one thousand and seventy-three rods to the Freetown line : provided, however, that the land set from New Bedford to Dartmouth, or from Dartmouth to New Bedford, by the establishment of the line as aforesaid, shall be holden to pay all taxes heretofore assessed upon them, the same as if this act had not been passed. [Feb. 19, 1831.]

An Act to incorporate the Haverhill Mutual Fire Insurance Company. Chap. 50.

Sect. 1. BE it enacted by the Senate and House of Repre

sentatives, in General Court assembled, and by the authority of Persons incor

the same, That Warner Whittier, Isaac R. Howe, Moses Gale, porated. David How, Nathaniel Hills, John Marsh, William Caldwell,

John Dow, James Gale, and their associates, successors and assigns, are hereby constituted a corporation, by the name of the Haverhill Mutual Fire Insurance Company, with all the powers and privileges incident to such corporations, for the term of

twenty-eight years. Insurance. SECT. 2. Be it further enacted, That when the sum sub

scribed to be insured shall amount to fifty thousand dollars, said corporation may insure, for the term of one to seven years, any buildings, goods, books or furniture, to any amount not exceed

ing three quarters of the value of the property insured. Officers, by. Sect. 3. Be it further enacted, That said corporation may laws and voles. choose such officers, and establish such by-laws, as they may

buildination may ined shall amenacted, Thar

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