marine railway thereon: provided, that nothing in this act shall Proviso. interfere with the legal rights of any person or persons.

SECT. 3. Be it further enacted, That each member of said Right of voting. corporation shall be entitled to as many votes as he has shares, and may vote by proxy in writing provided, that no member. shall be entitled to more than one quarter part of the whole number of votes. [March 28, 1833.1

An ACT to incorporate the Mount Washington Association. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of

Chap 213.

the same, That David Henshaw, Hall J. How, John H. Bird, Persons incorGeorge Brinley, their associates, successors and assigns, are 'porated. hereby made a corporation, by the name of the Mount Washington Association, to be established in the city of Boston, for the purpose of improving Mount Washington, with all the powers Powers. and requirements contained in "an act concerning corporations," 1833 ch. 83. passed the eighth of March, one thousand eight hundred and thirty-three.

SECT. 2. Be it further enacted, That said corporation may Real estate. hold and possess all or any part of a tract of land situated in South Boston, called Mount Washington, bounded as follows: commencing in Dorchester, on the land owned by John H. Bird, Boundaries. and there running on a creek to Dorchester street, thence on Dorchester street to Broadway, thence from Broadway to H street, thence to low water mark, with all the privileges and appurtenances, rights and easements therewith enjoyed provided, that the lawful owners of such estate shall convey the same to said corporation: and provided, that the whole real estate of said Value of real corporation shall not exceed in value five hundred thousand dol- and personal lars, and that the personal estate shall not exceed one hundred thousand dollars; and said corporation may construct dams, docks and wharves, and manage and improve their corporate property, and may sell, convey, or otherwise dispose of the same, conformably to the provisions of their by-laws.

estate.

ments, &c.

SECT. 3. Be it further enacted, That said corporation may, Number of at any legal meeting, agree upon the number of shares of their shares, assesscorporate property, and may assess upon each share such sums of money as may be necessary for the purposes contemplated in this act, and may sell the share or shares of any delinquent proprietor for the payment of assessments as the by-laws may direct: provided, that all assessments shall be agreed upon by two thirds at least in number and value of the proprietors present or represented at any meeting, notice thereof, and of the purpose, being first given, ten days at least previously, in the manner prescribed in the by-laws, and nothing in this act shall interfere with the legal rights of any other person or persons. [March 28, 1833.]

An Act in addition to ❝ An Act to incorporate the Commercial Insurance Company." Chap 214. BE it enacted by the Senate and House of Representatives, 1831 ch. 4. in General Court assembled, and by the authority of the same,

That the Commercial Insurance Company is hereby authorized Real estate.

Chap 217.

Persons incorporated.

Powers.

1833 ch. 83.

Real and personal estate.

Assessments.

to hold real estate of any value, not exceeding in all sixty thousand dollars, besides that conveyed in mortgage as collateral security. [March 28, 1833.]

An ACT to establish the Boston Seminary for Young Ladies.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That John L. Blake, Noah Brooks, and Edward H. Robbins, their associates and successors, are hereby created a corporation, by the name of the Boston Seminary for Young Ladies, to be established in the city of Boston, with all the powers and requirements contained in "an act concerning corporations," passed March eighth, one thousand eight hundred and thirtythree; and said corporation may hold real estate, not exceeding seventy-five thousand dollars in value, and personal property, not exceeding forty thousand dollars, to be devoted exclusively to the purposes of education.

SECT. 2. Be it further enacted, That no assessment shall be made upon the shares of said corporation beyond the amount of one hundred dollars upon each share, and the shares of delinquent proprietors may be sold for assessments, in such manner as may be provided in the by-laws of the corporation. [March 28, 1833.]

Chap 218. An ACT to repeal an Act authorizing the Central Bridge Corporation to reduce and

1832 ch. 117.

Repeal.

Chap 219.

1827 ch. 127. 1832 ch. 170.

&c.

compound their tolls.

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That" an act to authorize Central Bridge Corporation to reduce and compound their tolls," passed March 10th, 1832, be, and the same is hereby repealed: provided, however, that the proprietors of the Central Bridge shall be authorized to reduce the tolls for passing said bridge to the same rates that may be taken at Patucket bridge. [March 28, 1833.]

An ACT concerning Warren Bridge.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of Toll continued, the same, That the toll now established by law for passing Warren Bridge across Charles river, be, and hereby is continued and established until the last day of the first session of the next general court; and the governor, with the advice and consent of the council, is hereby authorized to place toll-gatherers to collect and receive said toll, and also to employ such other agents, and do such other acts, relative to said bridge, and the collection and receipt of the toll, as may be deemed advisable : provided, however, that all monies which may be received according to the provisions of this act, shall be held by the treasurer of the Commonlegislature, &c. wealth, subject to the order of the legislature, except such surn as is provided by law to be paid by the proprietors of Warren Bridge to Harvard University, which sum shall be paid by said treasurer to said university upon warrant to be drawn by the gov

Monies re

ceived, to be subject to the order of the

ernor, after possession of said bridge shall be taken, as is herein after provided.

SECT. 2. Be it further enacted, That the by-laws, rules Present by-laws and regulations, heretofore established by the proprietors of to be continued. Warren Bridge, and now in force, shall continue to be in force,

subject to such modifications as the governor with the advice

and consent of the council, shall see fit to make therein.

be taken.

Suit in the su

preme court of

the U. S.

SECT. 3. Be it further enacted, That the sheriff of the How possession county of Suffolk, upon being thereto required by a warrant of bridge shall from the governor, shall deliver to any agent or agents of the Commonwealth peaceable possession of said bridge. SECT. 4. Be it further enacted, That the governor be, and he hereby is authorized to assume in behalf of the Commonwealth, the defence of the suit at law, now pending against the proprietors of Warren bridge, and others in the supreme court of the United States, to employ counsel therein, and from time to time, to draw his warrant upon the treasurer of the Commonwealth for such sums of money as may be necessary for that purpose, or to pay for the services of toll-gatherers and agents to be employed as is herein provided, for necessary repairs, and for such contingent expenses as may accrue in the care of said bridge; payment thereof to be made from the receipts of the toll of said bridge actually in the treasury.

council authori

etors.

SECT. 5. Be it further enacted, That the governor and Governor and council, be, and they hereby are authorized to settle with the zed to settle proprietors of the Warren bridge for the tolls heretofore receiv- with propried by the said proprietors, upon just and equitable principles, allowing to the said proprietors the expenses necessarily incurred by them in defending the suit now pending against them and others, in favor of the proprietors of Charles river bridge, and such other expenses as the proprietors of Warren bridge have been by law authorized to incur.

cial court au

prietors' ac

SECT. 6. Be it further enacted, That if the proprietors of Supreme judiWarren bridge, upon being thereto required by the governor, thorized to exshall fail to present and settle their accounts according to the amine and deprovisions of the next preceding section of this act, the supreme cide upon projudicial court, upon the application of the attorney general, counts. (who is hereby required to appear before the said court in behalf of the Commonwealth,) be, and they hereby are authorized, after giving due notice to said proprietors, that they may be heard thereon, to examine their accounts, and hear any evidence, which may be adduced before them, concerning the same, or to appoint auditors, if they shall see fit, for the examination of said accounts, who shall make report to said court, and finally to determine what sum, if any, the said proprietors shall have received above the sum necessary to reimburse the money by them expended in and about the building of said bridge, and other necessary expenses, authorized by law, to be by them incurred, with five per cent. interest thereon; and what sum, if any, the Commonwealth is entitled to receive from said proprietors; to

Proprietors

may give security and retain possession of the bridge.

Limitation of expenses.

Outstanding claims.

Chap 220.

in repair.

decree payment thereof, and to pass all necessary orders and decrees, to enable the Commonwealth to obtain payment of the same provided, nevertheless, that, if the said proprietors within thirty days from the passage of this act, shall give to the treasurer of the Commonwealth good and sufficient security, to be first approved by the governor, for the collection by them, until the time fixed for the expiration of this act, of the tolls by law established for passing Warren bridge, and for the payment, when thereto required by the governor, of all sums of money which shall have been received by them, beyond the amount authorized to be received and retained by the said proprietors by the statute of eighteen hundred and twenty-seven, chapter one hundred and twenty-seven, for suitable care of said bridge, and for the subsequent delivery on demand, to any officer authorized by the general court to receive the same, peaceable possession of the said bridge, the third and fourth sections of this act, and so much of the first section thereof as relates to the collection of toll, and so much of the sixth section thereof as relates to the settlement of the accounts of said proprietors, by the supreme judicial court, shall not take effect.

SECT. 7. Be it further enacted, That in case the said proprietors of Warren bridge shall retain possession of the said bridge, pursuant to the provision made therefor in the sixth section of this act, the expenses to be incurred by them shall not exceed the sum of three thousand dollars, unless the governor, with the consent of the council, shall authorize such excess.

SECT. 8. Be it further enacted, That if, after a settlement shall be had of the accounts of the said proprietors of Warren bridge with the Commonwealth, either in the supreme judicial court, or otherwise, any outstanding claims shall be presented against the said proprietors, the governor with the consent of the council, is hereby authorized, upon ascertaining the same to be justly due, to draw his warrant upon the treasurer of the Commonwealth for the payment thereof. [March 28, 1833.] Add. acts, 1834 ch. 131 1835 ch. 155. See Res. Apr. 16,

1836.

An ACT relating to Highways in the Plantation of Marshpee.

SECT. 1. BE it enacted by the Senate and House of Repre sentatives, in General Court assembled, and by the authority of Overseers to the same, That it shall be the duty of the overseers of the plankeep highways tation of Marshpee, in the county of Barnstable, to keep in repair, at the expense of said plantation, the following highways therein, to wit: the highway leading from the village of Cotuit to Sandwich, by the dwelling-house of Thomas Goodspeed, and the highway leading from said Cotuit to Falmouth, by the dwel ling-house of Ansel Crocker, and the highway branching from the one, last aforesaid, at Marshpee river, and leading thence to the village of Waquoit, except such parts of the highways aforesaid as pass over the lands of white persons; and for neglect thereof, they shall be liable to be prosecuted by indictment: provided, that no such indictment shall be sustained unless the

Liability for negligence.

person making complaint to the grand jury, shall, after the court then next preceding, and one month at least before the sitting of the court at which the complaint is made, have given to said overseers, or some one of them, notice in writing of the place and nature of the defect complained of.

SECT. 2. Be it further enacted, That all fines imposed by Fines, how apthe court for any neglect of the duty required by this act, shall be propriated, &c. appropriated for the repair of the highways complained of, and shall be collected of said overseers, and laid out by an agent appointed by the court, as in case of fines imposed on towns for like neglect, and all fines and costs paid by said overseers may be charged in their accounts with said plantation. [March 28, 1833.] See 1834 ch. 166.

An ACT to establish the Atlas Bank.

Chap 221.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Robert Edes, James Harris, Benjamin A. Gould, Persons incorRichard Fletcher and Bradford Lincoln, Jr., their associates, porated. successors and assigns, are hereby created a corporation by the name of the President, Directors and Company of the Atlas Bank, to be established in Boston, and shall so continue until the first day of October, in the year of our Lord one thousand eight hundred and fifty-one, and shall be entitled to all the powers Powers and duand privileges, and subject to all the liabilities and requirements ties. contained in the act of one thousand eight hundred and twenty- 1828 ch. 96. eight, chapter ninety-six, the act of one thousand eight hundred 1830 ch. 58. and thirty, chapter fifty-eight, and the second section of an 1833 ch. 83. act concerning corporations," passed March eighth, one thousand eight hundred and thirty-three.

stock.

SECT. 2. Be it further enacted, That the stock of said Transfer of bank shall be transferable only at its banking house, and in its books, and no part thereof shall be transferred by way of security for the performance of any obligation whatsoever, until two years from the payment of the first instalment into said bank.

SECT. 3. Be it further enacted, That the capital stock of Capital stock. said corporation shall consist of five hundred thousand dollars, to be divided into shares of one hundred dollars each, to be paid, in such instalments, and at such times as the stockholders may direct provided, the whole be paid in, within one year from the [Time extendpassing of this act. [March 28, 1833.] [March 28, 1833.] Add. act, 1834 ch ed 1834 ch. 47.]

47.