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against fire," passed on the twenty-first day of February, in the year of our Lord one thousand eight hundred and twenty, for and during the term of twenty years after the passing of this act.

SECT. 2. Be it further enacted, That said corporation may Real and perpurchase, hold and convey any estate, real or personal, for the sonal estate. use of said company provided, that the real estate shall not exceed the value of fifty thousand dollars, excepting such as may

be taken for debt, or held as collateral security for money due to

said company.

SECT. 3. Be it further enacted, That the capital stock of Capital stock. said company shall be two hundred thousand dollars, and shall be divided into shares of one hundred dollars each, and shall all be collected and paid in, in such instalments, and under such provisions and penalties, as the president and directors of said company shall order and appoint.

SECT. 4. Be it further enacted, That the Packet Insurance Location. Company shall be located in the city of Boston. [March 14, 1833.]

1804 ch. 36.

An ACT to dissolve the Second Massachusetts Turnpike Corporation. Chap. 98. BE it enacted by the Senate and House of Representatives, in 1796 ch. 72. General Court assembled, and by the authority of the same, (v. 2. p. 130.) That the Second Massachusetts Turnpike Corporation be, and (v. 3. p. 471.) the same is hereby dissolved; and said corporation are hereby 1817 ch. 21. forever discharged from all liability to maintain and keep in repair Corporation dissaid turnpike road, any thing in the act of incorporation, passed solved. on the eighth day of March, in the year of our Lord one thousand seven hundred and ninety-seven, and the several acts in addition thereto, to the contrary notwithstanding.

1833.]

[March 14,

An ACT in addition to an Act to incorporate the Franklin Laboratory.

1829 ch. 106.

sonal estate.

Chap. 99. BE it enacted by the Senate and House of Representatives, 1832 ch. 152. in General Court assembled, and by the authority of the same, That the stockholders of the Franklin Laboratory be, and they Real and perare hereby authorized to hold real estate, necessary for the purpose of prosecuting the business of said corporation, to an amount not exceeding fifteen thousand dollars, and personal estate for the same purpose, not exceeding thirty thousand dollars in value, and the capital stock of said corporation is hereby increased to the amount of the before named sums. [March 14, 1833.]

Chap 103.

An ACT authorizing Pain G. Atwood to build a Bridge in Wellfleet. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Pain G. Atwood be, and he is hereby authorized to build P. G. Atwood a bridge over the northwest arm of Duck creek, in the town of authorized to build a bridge. Wellfleet, from Atwood's wharf on Mayo's beach, to the landing at Milton's hill: provided, a suitable draw be constructed, not less than eighteen feet in width, the under part of which shall be three feet above the ordinary high water level. [March 14, 1833.]

Chap 104.

An ACT to incorporate the Tenean Free Bridge Company.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority Persons incor- of the same, That Israel Lombard, Josiah Stickney and Elisha porated. Preston, together with their associates, successors and assigns, be, and they hereby are made a corporation, by the name of "the Tenean Free Bridge Company," with the authority and for the purpose of building a bridge over Mill creek, from Leeds' neck, to Bark Warwick street, so called, in Dorchester.

When and how

built.

SECT. 2. Be it further enacted, That said corporation shall bridge shall be have three years from the passage of this act to erect and complete said bridge; that the same shall be built and maintained at their expense, and shall be kept at all times passable, safe and convenient for passengers, free of toll; that the same shall be constructed not less than thirty feet in width, with sufficient railings on each side, and with a draw not less than twenty feet wide in the clear, in the most suitable place for the passage of vessels, which draw shall be raised at all times, on reasonable request, by an agent of the corporation.

Damages.

First meeting.

Chap 105.

porated.

SECT. 3. Be it further enacted, That said corporation shall be liable for all damages to travellers over said bridge, happening through any defect of the same, in the same way and manner as towns are liable for defects in public highways and bridges.

SECT. 4. Be it further enacted, That either of the persons named in the first section of this act, may call the first meeting of said corporation, by publishing notice thereof in one of the newspapers printed in the city of Boston, or posting the same in two or more public places in said town of Dorchester, seven days before said meeting. [March 14, 1833.]

An ACT to incorporate the Cambridge Mutual Fire Insurance Company. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority Persons incor- of the same, That Nathan Childs, Phinehas B. Hovey, and William Fiske, their associates, successors and assigns, be, and they hereby are made a corporation, by the name of the Cambridge Mutual Fire Insurance Company, with all the powers and requirements contained in "an act concerning corporations," passed March eighth, one thousand eight hundred and thirtythree, for the term of twenty-eight years.

Powers and duties.

1833 ch. 83.

When author

SECT. 2. Be it further enacted, That whenever a sum ized to insure. amounting to one hundred thousand dollars shall be subscribed to be insured, the said corporation may insure any buildings, goods or chattels whatsoever, to any amount not exceeding three fourths of the value thereof, and for any term not less than one year, nor greater than seven years.

Officers, votes, &c.

SECT. 3. Be it further enacted, That said corporation may choose such officers as may be deemed necessary; may establish such by-laws and regulations for the government and management of their affairs, as shall not be repugnant to the constitution and laws of this Commonwealth; and that each member

of said corporation may vote by proxy, and be entitled to as many votes as he has policies.

SECT. 4. Be it further enacted, That the funds of said cor- Funds. poration shall first be appropriated to pay the expenses thereof, and then to the payment of darnages which any member may be entitled to recover on his policy; and when the just demand of any member against the corporation shall exceed the amount of its funds, such sum as may be necessary to pay the same, shall, without delay, be assessed on the members, in proportion to, but not to exceed three times the amount of their premiums and deposits for seven years.

SECT. 5. Be it further enacted, That any person who may Executions, recover judgment against the said corporation may levy his exe- how levied. cution on its estate or funds; but if sufficient estate or funds cannot be found, and the corporation neglect or refuse to satisfy the same for the space of sixty days after demand made upon the' presiding or recording officer, or the treasurer thereof, then such judgment creditor may levy his execution upon the private property of any one or more of the members; and any person whose property may be so taken, shall be entitled, by an action on the case, to recover full and adequate compensation therefor.

SECT. 6. Be it further enacted, That the property insured Policies shall in any policy issued by the said corporation, and the land under create a lien. the same, if a building, shall be thereby subjected to a lien for the payment of the premium stipulated in, and of all assessments lawfully made by virtue of, such policy; and the said corporation, in addition to such lien, may take such other collateral security as it may deem proper.

premiums, as-
sessments,
&c.

SECT. 7. Be it further enacted, That, whenever any mem- Collection of ber of the said corporation shall neglect or refuse to pay any sum which may be due from him by way of premium, assessment or otherwise, and the said corporation shall commence an action therefor, the lien above mentioned shall be the same, and the property subject thereto shall be taken and appropriated to satisfy any execution recovered in such action, in the same manner, and not otherwise, as if it were attached upon the original writ therein. [March 14, 1833.]

An ACT authorizing Elisha Luce and Theophilus Pitcher, Jr., to build a Wharf in
Rochester.

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Chap 106.

wharf.

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Elisha Luce and Theophilus Pitcher, Jr., be, and they are here- Persons authorby authorized and allowed to build a wharf on and from their land ized to build a adjoining Sippican harbor, at a place called the "old landing,' at the head of said harbor, in Rochester, and to extend the same to the edge of the channel: provided, that said wharf shall not Provisos. approach nearer than fifty feet to the wharf of David Hathaway and others, when the same shall be extended, and that said wharf herein authorized to be built, shall not, with a vessel lying at the end thereof, prevent the access of vessels to the wharf of said Hathaway and others and further provided, that this grant shall

336

1833. CHAP. 106-109.

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in no wise interfere with the legal rights of any other person or persons whatsoever. [March 14, 1833.]

Chap 107. An ACT to incorporate the First Unitarian Religious Society of Braintree and Wey

porated.

mouth.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority Persons incor- of the same, That James Whittemore, Amos W. Stetson, and Whitcomb Porter, with such others as may associate with them, and their successors, be, and they hereby are incorporated into a society, by the name of the First Unitarian Religious Society of Braintree and Weymouth, with all the powers and requirements incident to religious societies, and those contained in "an act concerning corporations," passed March eighth, one thousand eight hundred and thirty-three.

1833 ch. 83.

Real and personal estate.

Chap 108.

porated.

SECT. 2. Be it further enacted, That the said society may take, hold, and dispose of estate, real, personal and mixed, the annual income of which, exclusive of their meeting-house, shall not, at any time, exceed two thousand dollars. [March 14, 1833.]

An ACT to incorporate the First Universalist Society in the town of Quincy.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of Persons incor- the same, That Ebenezer Bent, George M. Briesler, and Silas Leonard, together with such others as already have, or may hereafter associate with them, and their successors, be, and they are hereby incorporated as a religious society, by the name of the First Universalist Society in the town of Quincy, with all the powers and requirements incident to 'religious societies, and those contained in "an act concerning corporations," passed March eighth, one thousand eight hundred and thirty-three.

1833 ch. 83.

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SECT. 2. Be it further enacted, That said society may receive, hold and possess real estate to the amount of twenty thousand dollars, and personal estate to the amount of two thousand dollars provided, the income arising from the same shall be appropriated exclusively to parochial purposes. [March 14, 1833.]

An ACT to establish the Andover and Wilmington 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 Mark Newman, Paschal Abbot, Francis Kidder, Amos Abbott, Hobart Clark, James Locke, John Flint, Amos Blanchard, Samuel Farrar, John Smith, 2d., Merrill Pettengill, Aaron Green, their associates, successors and assigns, be, and they hereby are made a body politic and corporate, under the name of the Andover and Wilmington Rail-road Corporation, with the powers and requirements contained in "an act concerning corporations," passed March eighth, in the year of our Lord one thousand eight hundred and thirty-three. And the said corporation are hereby empowered to locate, construct and finally

complete a rail-road, commencing at or near the south parish Route of road. meeting-house, in Andover, and thence to the Boston and Lowell Rail-road, in Wilmington, in the county of Middlesex, so as to form a branch thereof, in such manner and form as they shall deem 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, 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 Proviso. 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 Capital stock, said corporation shall consist of one thousand shares; and the im- officers, &c. mediate government and direction of the affairs of said corporation shall be vested in five directors, who shall be chosen by the members of the corporation, in the manner prescribed in their bylaws, 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 five thousand dollars, for the faithful discharge of his trust.

rectors.

SECT. 3. Be it further enacted, That the president and di- Powers of presrectors, for the time being, are hereby empowered, by them- ident and diselves or their agents, to exercise all the powers herein granted to the corporation, for the purpose 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 Assessments, to time, on all the shares in said corporation, as they may deem &c. 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 or stockholder shall neglect to pay his assessment for the space of thirty days 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 or stockholder 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

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