Compensation for damages. 1786 ch. 67. Chap 186. Persons incorporated. Powers. 1833 ch. 83. Real estate. Proviso. Number of shares, assessments, &c. Broad street, beginning at or near the present easterly end of said Broad street, and thence running partly over the margin of Fort hill, and over other land near the harbor of Boston, to a point at or near the place where Summer street meets Sea street; and also to lay out a new street extending from the present termination of Commercial street, near Lewis's wharf, so called, to the marine railway on Ann street. And the said streets shall be laid out respectively, of such widths, in such directions, and through and over such docks, now used for the purposes of navigation, as the public safety or convenience of the inhabitants of said city shall, in the opinion of said mayor and aldermen, require. SECT. 2. Be it further enacted, That the owner or owners of any building, wharf, or other erection, which may be removed, and of any land which may be taken for the said streets, when the same cannot be obtained by voluntary agreement, shall be entitled to receive compensation for the damages, if any, which he or they may sustain by such removal or taking; which damages shall be ascertained, determined and recovered, in the way and manner now provided in the act entitled " an act directing the method of [for] laying out highways." [March 26, 1833.] An Act to incorporate the East Boston Wharf Company. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Ammi C. Lombard, Samuel S. Lewis, Robert G. Shaw, Daniel D. Brodhead, their associates, successors and assigns, are hereby created a corporation, by the name of the East Boston Wharf Company, with all the powers and requirements contained in "an act concerning corporations," passed March eighth, one thousand eight hundred and thirty-three. SECT. 2. Be it further enacted, That said corporation may hold and possess all or any part of that real estate on Noddle's island, in the city of Boston, called Smith's hill, bounded easterly by the westerly side of a proposed highway near highwater mark, measuring eight hundred and fifty feet on said highway; southerly by a line running westerly through the southerly corner of the old wharf, so called, at right angles with said highway, to the harbor channel, northerly by a line parallel with the last described line, distant eight hundred and fifty feet, northerly therefrom, and running to said channel, and westerly by said channel, and all rights, easements, privileges and appurtenances thereto belonging provided, that the lawful owners of said property shall legally convey the same to said corporation, and said corporation may build and maintain a wharf or wharves, and lay vessels thereat, and, conformably to their by-laws, may make conveyances of their corporate property, and may lease, manage and improve the same. SECT. 3. Be it further enacted, That said corporation may agree upon the number of shares of their corporate property, not exceeding in all five thousand, and the assessments shall not exceed one hundred dollars upon each share for the purposes con templated in this act. And in case any proprietor shall not pay any assessment, said corporation may cause such of his shares as may be sufficient, to be sold at public auction, after thirty days notice in one or more newspapers printed in Boston, and the surplus over assessments and charges of sale shall be paid over to such proprietor, and the purchaser shall be entitled to a certificate of the share or shares so sold. SECT. 4. Be it further enacted, That each share in said cor- Right of voting. poration shall entitle the proprietor to one vote; but no proprieetor shall have more votes than one fourth of the whole number. And all assessments upon the shares shall be agreed upon by two thirds at least in number of votes of proprietors present or represented in writing at any meeting, public notice thereof, in one or more newspapers printed in Boston, being first given at least ten days previously. [March 26, 1833.] Chap 188. An ACT to incorporate the Malden Agricultural and Mechanics Association. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Charles Lewis, Timothy Bailey, Edward Wade, their as- Persons incorsociates, and those who may become associated with them, are porated. hereby made a corporation, by the name of the Malden Agricultural and Mechanic Association, for the purpose of encouraging agriculture and the mechanic arts, by granting premiums or loans. of money, and of relieving the distresses of unfortunate mechanics and their families, with the powers and requirements contained Powers. in an act concerning corporations," passed March eighth, one 1833 ch. 83. thousand eight hundred and thirty-three; and said corporation Real and permay hold real estate, not exceeding five thousand dollars in value, sonal estate. and the annual income of its personal estate shall not exceed five thousand dollars. [March 26, 1833.] An ACT to authorize the Proprietors of Tapley's Wharf to extend the same. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority Chap 190. of the same, That the proprietors of the wharf in the town of Wharf may be Charlestown, known by the name of Tapley's wharf, are hereby extended. empowered to extend said wharf into the channel, to a line drawn straight from the present southwesterly corner of the navy yard wharf, to the southeasterly corner of Gray's wharf: provided, that said extended wharf be built upon piles, and that the proprietors of said Tapley's wharf shall have the right and privilege of laying vessels at the sides and end of their said wharf, and receiving dockage and wharfage therefor. SECT. 2. Be it further enacted, That nothing herein con- Rights of others tained shall be construed to authorize the proprietors of said protected. Tapley's wharf to lessen or injure the rights or property of the owner or owners of any wharf or wharves adjoining the said Tapley's wharf. [March 26, 1933.] Chap 191. 1828 ch. 25. porated. Powers. An ACT to incorporate the Proprietors of the First Universalist Meeting-House in 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 Eliphalet Case, Amos Carlton, Samuel Willard and others, are hereby incorporated by the name of the Proprietors of the First Universalist Meeting-House in Lowell, with all the powers, privileges and immunities to which religious societies are usually entitled, and with all the powers, privileges and requirements contained in "an act concerning corporations," passed March eighth, one thousand eight hundred and thirtythree; and also, with power to purchase and hold real and personal estate, not exceeding ten thousand dollars, exclusive of said meeting-house, to be devoted exclusively to religious purposes. 1833 ch. 83. Real and personal estate. Assessments. 1817 ch. 189. Repeal. 1828 ch.25. Proviso. Chap 192. 1832 ch. 143. Police court established within and for town Jurisdiction. SECT. 2. Be it further enacted, That said proprietors shall have full power, at any meeting duly called for that purpose, to make assessments upon the pews in said meeting-house, for the maintenance of public worship, and all other necessary charges and expenses attendant upon religious instruction; and the process of enforcing the payment of such assessments shall be the same as provided by the statute of one thousand eight hundred and seventeen, chapter one hundred eighty-nine. SECT. 3. Be it further enacted, That an act to incorporate the proprietors of the First Universalist Meeting-House in Lowell, passed the twelfth day of June, one thousand eight hundred and twenty-eight, is hereby repealed: provided, however, that this act shall not take effect unless adopted unanimously by all persons legally interested in said meeting-house. [March 26, 1833.] An ACT to establish a Police Court in the town of Newburyport. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That there hereby is established, within and for the town of Newburyport, a Police Court, to consist of one able, learned, and discreet person, to be appointed and commissioned Newburyport. pursuant to the provisions of the constitution, to take cognizance of all crimes, offences and misdemeanors committed within the town of Newburyport, whereof justices of the peace may take cognizance by law; the said justice to hold his office for the same time, and by like tenure as justices of the peace. The court hereby established shall hear and determine all suits, complaints, and prosecutions cognizable by it, in like manner as is provided by law for the exercise of the powers and authority which now are, or may hereafter be, vested in justices of the peace, and do all acts necessary to, and consistent with such powers and authority. And said court shall also have original jurisdiction of all civil suits and actions of which justices of the peace in said county may or shall have cognizance, in concurrence with said justices, and original and exclusive jurisdiction of all such suits and actions where the plaintiff and defendant reside in said town of Newburyport, and service of the writ is had on the defendant in said county; and no justice of the peace shall have cognizance of such suits and actions, within said. town. And an appeal shall be allowed from all orders, decrees and judgments in said court, in like manner, and to the same extent, that appeals are now allowed by law from orders, decrees and judgments of justices of the peace. And the justice of said court shall not be of counsel or attorney to any party in any matter or thing whatsoever, which may be pending in said court. ble before said SECT. 2. Be it further enacted, That all writs and war- Writs, &c. rants issued by said court, or by any justice of the peace within made returnasaid town of Newburyport, shall be made returnable and be re- court. turned before said court; and if any writ or warrant shall be issued by any justice of the peace, returnable before said court, the lawful fees payable therefor shall not be paid or allowed to said justice, unless it shall appear, on the examination or hearing before said court, that there was reasonable cause for his issuing said writ or warrant; in which case, such fees, costs and charges shall be allowed and taxed in like manner as if the said writ or warrant had been issued by said justice of the peace, according to the laws now in force. ized to commit persons to work SECT. 3. Be it further enacted, That said justice be, and Justice authorhe is hereby authorized, when he shall deem it advisable, to commit all persons being inhabitants of said town of Newburyport, house. and convicted by said court of the offences described in the second section of the statute of one thousand seven hundred and eighty-seven, chapter fifty-four, to the work-house in Newbury- 1787 ch. 54. port, instead of the house of correction as is now required, and for the same time that they may now be committed to the house of correction; to be kept and governed in said work-house, according to the rules and regulations which are, or may be established for the government of said house, and at the expense of the said town of Newburyport. And if this act shall be adopt- Town of Newed by the town of Newbury, in the manner hereinafter provided, bury,see sec.12. the said court shall have like authority, in respect of persons convicted as aforesaid, who are inhabitants of Newbury, for their commitment to the work-house of said town of Newbury. person from im fine and costs only. SECT. 4. Be it further enacted, That it shall be lawful for Justice may the justice of said court, at his discretion, to discharge any per- discharge any son from imprisonment who shall have been confined under sen- prisoment, for tence of any court for three months or more, in default of payment of fine and costs only, when it shall be made to appear to him that such person is unable to pay said fine and costs. SECT. 5. Be it further enacted, That the justice of said Justice's fees. police court shall be entitled to demand and retain for his own use, out of all monies received by him, such fees as by law might be demanded and retained in the like case by a justice of the peace provided, that the legislature shall have power, at any time hereafter, to make other and different provision in reference to the compensation of said justice. Costs in criminal prosecu tions, &c. Court, when to be holden. Determination &c. SECT. 6. Be it further enacted, That all costs in criminal prosecutions before said court, which shall be received by or paid into the hands of the justice thereof, shall, on demand, be paid over to the persons to whom such costs are due. And all costs in such prosecutions, not thus received, shall be made up, taxed, certified and allowed, and shall be paid and satisfied in like manner as is now, or may hereafter be provided by law in the case of justices of the peace; and all fines and forfeitures received by said court shall be paid over in the same manner, and under the same penalties for neglect, as are prescribed in the case of justices of the peace. SECT. 7. Be it further enacted, That a court shall be holden by said justice, on Monday of each week, at ten of the clock in the forenoon, and as much oftener as may be necessary, to take cognizance of crimes, offences and misdemeanors, and for the trial of civil suits and actions. And the justice of said court shall, from time to time, establish all necessary rules for the orderly and uniform conducting of the business of said court. SECT. 8. Be it further enacted, That all suits, actions and of pending suits, prosecutions, which shall be instituted and pending before any justice of the peace within the town of Newburyport, when this act shall take effect, shall be heard and determined as if this act had not been passed. Justice to keep a record of all proceedings in said court. Special justices. Act, when to go SECT. 9. Be it further enacted, That the justice of said court shall keep a full and fair record of all proceedings in said court, and shall make return to the several courts of all legal processes, and of his doings therein, in the same manner as justices of the peace are now by law required to do. SECT. 10. Be it further enacted, That there shall be appointed by the governor, by and with the advice and consent of council, two special justices of said court; and whenever it shall happen that the justice of said court shall be a party, or interested in any suit or prosecution cognizable in said court, or be kin to either party therein, or shall from any cause be unable to attend said court, or hear and determine any matter or thing pending therein, the cause shall be assigned upon the record, and the court may and shall be holden, and its jurisdiction exercised by one or both of said special justices; and the said special justices shall be paid for the services herein required of them, out of the monies received in said court, such sum as the justice of said court would be entitled to receive for the same services. SECT. 11. Be it further enacted, That this act shall go into operation. into operation from and after the first day of June next, unless the said town of Newburyport shall, at a legal meeting called for that purpose, refuse to accept the same, and shall signify said refusal to the governor, on or before the first day of May next. And the governor shall have power, by and with the advice and consent of council, to appoint said justice and special justices, at any time after the said first day of May next. Annexation of SECT. 12. Be it further enacted, That whenever the inhabitants of the town of Newbury shall, at a legal town meeting holden |