as he holds shares provided, that no vote shall be given by any proprietor, by virtue of any share held by him, exceeding one tenth part of the whole number of shares. shall be con. SECT. 10. Be it further enacted, That, if the said rail-road, How rail-road in the course thereof, shall cross any private way, the said com- structed across pany shall so construct their road as not to obstruct the safe and any private or public way. convenient use of such private way; and if said rail-road shall not be so constructed, the party aggrieved shall be entitled to his action in the case in any court proper to try the same, and shall recover his reasonable damages for such injury; and if the said rail-road shall, in the course thereof, cross any canal, turnpike, or highway, the said rail-road shall be so constructed as not to impede or obstruct the safe and convenient use of such canal, turnpike or highway. And the said company shall have the power to raise or lower such turnpike, highway or private way, so that the said rail-road, if necessary, may conveniently pass under or over the same, and if said company shall raise or lower any such turnpike, highway or private way, and shall not so raise or lower the same as to be satisfactory to the proprietors of such turnpike, or to the selectmen of the town in which such highway or private way be situated, said proprietors or selectmen may re- Alterations, quire in writing of said company such alteration or amendment how made. therein as they may think necessary. And, if the required amendment or alteration be reasonable and proper, in the written opinion of the county commissioners for the county in which such alteration or amendment is proposed to be made, and the said company shall unreasonably and unnecessarily neglect to make the same, such proprietors or selectmen, as the case may be, may proceed to make such alteration or amendment, and may institute and prosecute to final judgment and execution, in any court proper to try the same, an action of the case therefor against said company, and shall therein recover reasonable damages for all charges, disbursements, labor and services, occasioned by making such alteration or amendment, together with costs of suit. SECT. 11. Be it further enacted, That, if the said com- Conditions of pany shall not have been organized, and the location of their this act. rail-road filed with the county commissioners of the county [Time extended wherein the same is located, previous to the first day of July, in 1836 ch. 190.] the year of our Lord one thousand eight hundred and thirty-six, or if the said company shall fail to complete said rail-road previous to the first day of July, in the year of our Lord eighteen hundred and thirty-eight, in either of the above mentioned cases this act shall be null and void. SECT. 12. Be it further enacted, That said company shall Bridges. constantly maintain in good repair all bridges with their abutments and embankments, which they may construct, for the purpose of conducting their rail-road over any canal, turnpike, highway or private way, or for conducting such turnpike, highway or private way over said rail-road. SECT. 13. Be it further enacted, That the Legislature may Legislature authorize any company to enter with another rail-road at any authorize VOL. VII. 45 may enter with an upon this. Reports to the any company to point in said Worcester and Norwich rail-road, paying for the other rail-road right of using the same, or any part thereof, such a rate of toll as the Legislature may from time to time prescribe, and complying with such rules and regulations as may be established by said Worcester and Norwich rail-road company, by virtue of the fourth section of this act. And it shall be the duty of said company, from year to year, to make report to the Legislature under oath, of their acts and doings, receipts and expenditures, under the provisions of this act; and their books shall at all times be open to the inspection of any committee of the Legislature, appointed for that purpose; and if said company shall unreasonably neglect or refuse to make such report, at the expiration of every year after the opening of said rail-road, for every such neglect or refusal, they shall forfeit and pay to the use of the Commonwealth a sum not exceeding ten thousand dollars, to be recovered by action or indictment, in any court of competent jurisdiction. SECT. 14. Be it further enacted, That the said Worcester and Norwich rail-road company be, and they hereby are authorized to enter and unite their rail-road with the Boston and Worcester rail-road, at any point therein within the towns of Worcester or Millbury, upon the terms, and agreeably to the provisions contained in an act to establish the Boston and Worcester rail-road corporation," passed on the twenty-third day of June, in the year of our Lord eighteen hundred and thirty-one. May unite rail road with Bos ton and Wor cester rail-road. 1831 ch. 72. Government may purchase rail-road. Chap 119. SECT. 15. Be it further enacted, That the government of the Commonwealth, at any time during the continuance of the charter of the Worcester and Norwich rail-road company, after the expiration of twenty years from the time of the completion of said road, may purchase the same of said company, and all the franchise, rights and privileges of said company, by paying them therefor the amount expended in making said road; and in case, at the time of such purchase, the said company shall not have received a net income equal to ten per cent. per annum on the amount of such expenditure, from the time of the payment thereof by the stockholders, by paying said company such additional sum, as, together with the tolls and profits of every kind which they shall have received from said rail-road, will be equal to a net profit of ten per cent. per annum on the cost of said road, from the time of payment thereof, by the stockholders, to the time of said purchase. [March 15, 1833.] Add. acts, 1836 ch. 190. 204: 1837 ch. 84. An ACT incorporating the City 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 David Greenough, John P. Thorndike, William Sawyer, and their associates and successors, shall be a corporation in the city of Boston, by the name of the City Mutual Fire Insurance Company, and possess all the powers and privileges incident to such corporations, for thirty years. porated. Capital stock. SECT. 2. Be it further enacted, That the capital stock of said company, exclusively of the funds which shall accrue for premiums and deposits, received in the transactions of its ordinary business, shall consist of the sum of one hundred thousand dollars, and be divided into shares of one hundred dollars each; and that one quarter part thereof shall be paid in money, within six months after the first meeting of the corporation, and the residue in three equal instalments, at such times as the directors shall appoint, within sixty days after said meeting. SECT. 3. Be it further enacted, That the said corporation, Officers. at their annual meeting, shall choose any number of directors not less than seven, five of whom, at least, shall be inhabitants of the city of Boston, who shall have power to appoint a secretary, and such other officers of the company as they shall think necessary; and in the event of the death or resignation of any director, or of the secretary, or other officer, or his inability to discharge the duties of his office, by reason of sickness, absence, or otherwise, the board of directors may elect a successor; and the said board shall, immediately after its annual organization, proceed to elect the president of the company, who shall also be president of said board. SECT. 4. Be it further enacted, That the said company may By-laws. establish such by-laws as they may deem necessary, not inconsistent with the constitution and laws of this Commonwealth, for the management of its concerns, and regulating the mode of transferring shares of stock: provided, however, that no transfer shall be valid, unless seasonably recorded by the secretary of the corporation, in a book to be kept for that purpose. SECT. 5. Be it further enacted, That the said corporation Real estate. are hereby made capable in law to hold, in fee simple, real estate, not exceeding in value thirty thousand dollars at any one time, with full powers to sell and alien the same at pleasure. ized to insure. SECT. 6. Be it further enacted, That the said company When authormay insure, for the term of one to seven years, any dwellinghouse or other building in the city of Boston, to any amount not exceeding three quarters of the value of the property insured, whenever and as soon as the sums subscribed to be insured shall amount to two hundred thousand dollars. SECT. 7. Be it further enacted, That all sums of money Funds. which shall be received for premiums and deposits for insurance, made by said company, shall be holden and invested as a distinct fund, separate from the capital stock of said company, to be called the available fund, and that all the expenses of conducting the business of said company, and all losses under policies underwritten by said company, shall be paid out of the income and principal of said fund, so long as they shall suffice for that purpose; and in the event of any deficiency thereof, the directors shall have power to assess upon the persons insured by said company, such sums as they shall judge necessary for the exigencies of the company provided, however, that such Proviso. assessments shall be in proportion to the several premiums and deposits paid in by such persons, and shall never exceed in the aggregate, twice the amount of their respective premiums and deposits so paid in. And in case the available fund and such Right of voting. Real estate, &c. liable to attachment. Policy shall insured. Proviso. assessments shall not suffice to discharge the expenses and losses aforesaid, then, and not otherwise, the capital stock and the income thereof shall be appropriated for that purpose. SECT. 8. Be it further enacted, That each stockholder shall have a right to vote at the meetings of said company, and shall be entitled to one vote for each share held by him: provided, that the whole number of votes of any one member shall not exceed ten, and absent members may vote by proxy in writing. SECT. 9. Be it further enacted, That the real estate and capital stock of said company shall be liable to attachment upon mesne process and execution, in the same manner as are the estates and stocks of other insurance companies, established within this Commonwealth. SECT. 10. Be it further enacted, That, as each of the ascreate a lien on sured is liable to pay such assessments as the directors shall orbuildings, &c. der, to secure the payment of the same, it is hereby provided, that a policy of insurance shall, of itself, without any other act whatever, create a lien on any dwelling-house or building insured, and on the land under it: provided, said policy shall express the intention of the company relying on such lien. This provision shall not prevent the company from taking any other kind of collateral security, and, in case it should become necessary to resort to such lien, as is hereby provided, it shall be the duty of the president and directors, before they attempt to compel payment by selling the insured premises, first, to demand payment of the assured, and in case of his decease, of his legal representative, and likewise of the tenants of the insured estate ; and in case payment is refused, said company may then sustain an action on the case against the assured, or his legal representative, for any sums due by assessment, and their execution which may issue thereon, may be levied on the insured premises, and the officer making the levy may sell the whole, or a part thereof, at public auction, giving the same notice, and proceeding in the same manner as is required in the sale of equities of redemption on execution. And the owner of the estate shall have a right to redeem the estate thus sold, within one year: provided, he shall first pay the costs of sale, the execution, and six per cent. interest thereon. Return of preSECT. 11. Be it further enacted, That at the expiration of the term of each policy, mium and de- the company shall pay the assured, each, his amount of premium and deposit money, posit money. and further, shall pay to the assured, each, according to his proportion of premium and deposit money, all the net profits accruing to said company from the investment [Repealed,1834 of the available fund, and from the investiment of the capital stock, after deducting, ch. 42.] Liability to be taxed. for the use of said stockholders, six per cent. interest, payable quarter yearly, on the amount of capital actually paid in by them, and invested in pur suance of the provisions of this act. SECT. 12. Be it further enacted, That this corporation shall be liable to be taxed by any general law of the Commonwealth. First meeting. Any two stockholders named in this act may call the first meeting, by publishing notice thereof in any two of the newspapers published in the city of Boston. [March 15, 1833.] Add. act, 1834 ch. 42. An ACT in addition to "An Act to establish the Boston and Roxbury Mill Corporation." Chap 120. 1814 ch. 39. 1819 ch. 65. 1822 ch. 34. Dam from Bos 1816 ch. 40. ton to South BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That, unless the Boston and Roxbury Mill Corporation shall, on or before the first day of February, one thousand eight hundred and thirty-four, determine by legal vote, duly certified and filed Boston. in the office of the secretary of state, to build, and actually commence building a dam from Boston to South Boston, not northerly or easterly of Boston South Bridge, with gates, sluice ways, and other things necessary to adinit and detain the tide waters between said dam and Boston neck, at the height of common tides, with a good and sufficient lock, and in all respects as in the act establishing said corporation is provided; and also, unless said corporation shall fully complete the same within two years from the said first day of February, one thousand eight hundred and thirty-four, in either case the right conferred on said corporation to build said dam shall cease and determine, and thereafter become forfeited and void: provided, however, that Proviso. any of the owners (other than the city of Boston) of land and flats above or southerly of said bridge may, at pleasure, fill up and improve any of their lands or flats without hindrance or molestation, until said corporation shall actually commence building said dam and provided, also, that nothing herein contained shall be deemed or taken to extend or confirm any rights or supposed rights of said corporation, nor in any way to impair the rights of those who have sustained or may sustain any damages in consequence of the exercise of any of the powers granted to said corporation. [March 16, 1833.] An ACT to incorporate the Boston and Norwegian Coal Company. Chap 121. 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 Munroe, Amos Binney, and their asso- Persons incorciates, be, and they hereby are made a corporation, by the name porated. of the Boston and Norwegian Coal Company, for the purpose of mining and vending coal; and shall have all the powers and priv- Powers and duileges, and be subjected to all the duties and requirements, contained in the act, passed the twenty-third day of February, in the year of our Lord one thousand eight hundred and thirty, entitled "an act defining the general powers and duties of manufacturing 1829 ch. 53. corporations." ties. sonal estate. SECT. 2. Be it further enacted, That the said corporation Real and permay lawfully hold and manage such real estate, not exceeding one hundred thousand dollars in value, and such personal estate, not exceeding one hundred and fifty thousand dollars in value, as they may find expedient for carrying into effect the purposes of this act. stock. SECT. 3. Be it further enacted, That the certificates re- Certificates of specting the capital stock, required by the aforesaid act to be filed and recorded in the registry of deeds, shall be made by the officers of this corporation, and shall be filed and recorded in the |