Chap 107.

Persons incorporated.

Powers.

An ACT to incorporate the Society of the Sons of Dummer Academy, in Newbury. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Edward S. Rand, Jacob Gerrish and Daniel Adams, their associates and successors, are hereby made a corporation, by the name of the Society of the Sons of Dummer Academy, with all powers and privileges, and subject to all the liabilities and requirements, contained in the statute of one thousand eight hundred and thirty-three, chapter eighty-third, with power also to Real and per- hold real and personal estate, to an amount not exceeding five thousand dollars, to be appropriated exclusively to the promotion of education and moral improvement in Dummer academy. [March 25, 1834.]

1833 ch. 83.

sonal estate.

Chap 109.

porated.

An ACT to incorporate the Boston Sugar Refinery.

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 John Brown, Richard Soule, and George Hallett, their associates, successors and assigns, are hereby made a corporation, by the name of the Boston Sugar Refinery, for the purpose of manufacturing and refining sugar, in the city of Boston, in the county of Suffolk, and with authority to buy and sell sugar, and all articles and things necessary and proper to be used in the manufacture and refining of sugar, and with all the powers and privileges, and subject to all the duties and requirements, contained in an act passed on 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 corporations."

Powers and duties.

1829 ch. 53.

Real and personal estate.

SECT. 2. Be it further enacted, That the said corporation may take and hold such real estate, not exceeding in value seventy thousand dollars, and such personal estate, not exceeding in value the sum of one hundred and eighty thousand dollars, as may be suitable and convenient for carrying on the manufactures and business aforesaid. [March 25, 1834.]

Chap 110. An Act to incorporate the Proprietors of Fresh Pond Meadows, in Cambridge, Wa

1799 ch. 79.

(v. 2. p. 376.)

1812 ch. 138. 1813 ch. 64.

porated.

tertown, and West Cambridge.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Thomas Brewer, Samuel Watson, and John Persons incor- Davenport, and others, proprietors of meadows in the towns of Cambridge, Watertown, and West Cambridge, in the county of Middlesex, on the borders of Fresh Pond, and Little Spy Pond, and above Menotomy bridge, on the streams running from said ponds, overflowed and injured in consequence of the obstructions to the passage of the water in said streams, and by the setting back of the current of said streams, in consequence of the rising of the tide in Medford River, their heirs and assigns of the said premises, be, and they hereby are made a body corporate, by the name of the Proprietors of Fresh Pond Meadows; the purpose of removing the obstructions in said streams, open

ing such drains as may be deemed necessary, and constructing a dike and gate, at or below Russell's bridge, on the stream running from said ponds, and for the purpose of shutting out the tide from said meadows, and apportioning and collecting assess- Assessments, ments on the said proprietors, in proportion as they shall be &c. respectively benefited by such improvements, for the purpose of defraying the expenses of the same; with power to make bylaws, to choose a clerk, treasurer, committees, assessors, collectors of taxes, commissioners, and other officers and agents, as may be necessary and proper for carrying into effect the purposes of this act; and such committees, assessors, or commissioners, as may be appointed for the levying and apportioning of assessments upon said proprietors, shall be sworn by some justice of the peace within said county of Middlesex, to the faithful performance of their duties.

SECT. 2. Be it further enacted, That, in case any of said Delinquent's shares may be proprietors shall, for sixty days after demand thereof, neglect to sold at auction. pay his, her or their proportion of any assessment made in pursuance of this act, for the purposes aforesaid, the collector or treasurer of said proprietors, or such committee, or other officers or agents of said proprietors, as may be authorized by them for this purpose, shall sell at public auction, after giving reasonable notice of such sale, such quantity of the meadow belonging to such delinquent proprietor or proprietors, as shall be deemed sufficient by such treasurer or collector, committee, or other officer or agent authorized as aforesaid, to satisfy such assessment, and pay all necessary expenses incidental to such sale; and the said collector or treasurer, or such other officer or committee, or agent of said proprietors, being authorized for the purpose by said proprietors, shall convey by deed, the meadow so sold; which deed, duly executed, shall give a valid title to the grantee of the portion of said meadows so sold and conveyed, subject, however, to the right of the proprietor or proprietors thereof, to redeem the same within one year from the sale thereof, by paying the amount of such purchase money, and the interest therefor, to the purchaser, his heirs, assigns, or other legal representatives; and the surplus of the proceeds of such sale, over the amount of the assessment, and expenses of such sale, shall be paid over by the said collector or treasurer, or other officer, agent or committee, making the sale, to the delinquent proprietor or proprietors of the estate thus sold.

SECT. 3. Be it further enacted, That the said gate shall be Time for keepkept open for the free passage of fish up and down said stream, ing gate open. from the first day of March, to the fifteenth day of June, in each year, and for such further time as the court of common pleas in said county, on giving the parties interested reasonable notice and hearing, on the application of the selectmen of Cambridge, or West Cambridge, for that purpose, may direct, in case the time above specified shall be found insufficient for the passage of shad and alewives to and from said ponds.

SECT. 4. Be it further enacted, That, if any person shall

dike.

Penalty for in- wilfully destroy, break down, remove, or injure said gate or dike, juring gate or the person or persons, so offending, shall forfeit and pay a sum not less than twenty dollars, nor more than one hundred dollars, to be sued for and recovered before the court of common pleas in said county, one half to the use of the complainant, the other half to the use of said proprietors.

When and how this act shall take effect.

SECT. 5. Be it further enacted, That this act shall be in force only in respect of such of the proprietors aforesaid as shall signify their assent thereto, in writing, or by voting therefor, at a meeting of said proprietors, duly called in the manner prescribed by law for calling the meetings of corporations; and, upon such adoption of this act, all acts heretofore passed to incorporate the proprietors of said meadows, for the purpose aforesaid, and the acts in addition thereto, shall cease to be in force. [March 25, 1834.]

Chap 111. An Act to alter the Act to incorporate the Port Society of the city of Boston and vi

1828 ch. 90. 1832 ch. 104.

Quorum.

Chap 112.

porated.

cinity.

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That, at all future meetings of the managers of the Port Society of the city of Boston and vicinity, five shall constitute a quorum for doing business, any thing in the act to which this is in addition to the contrary notwithstanding. [March 25, 1834.]

An ACT to incorporate the Phillips Church Society in the city of Boston.

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 Hayward, Jeremy Drake and Jacob Pike, their associates and successors, are hereby incorporated as a religious society in the city of Boston, by the name of the Phillips Church Society, with all the powers and privileges, and subject to all the duties and liabilities, by law incident to religious societies legally established in this Commonwealth.

Trustees empowered to convey land.

Estate.

Chap 113.

SECT. 2. Be it further enacted, That the present trustees of the meeting-house, situated at the junction of A street and Broadway, in that part of the city of Boston called South Boston, or such of them as may be now resident in this Commonwealth, are hereby authorized to release and convey to said corporation all the real estate held by them as trustees, and the same shall vest, upon such conveyance, as an absolute estate in said corporation.

SECT. 3. Be it further enacted, That said corporation shall have power to hold and manage any estate, the annual income of which, exclusive of their meeting-house, shall not exceed two thousand dollars: provided, the same be appropriated only to parochial purposes. [March 25, 1834.]

An Act to incorporate the Proprietors of Byefield Meeting-house.

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 Putnam Perley, Daniel Hale and James Peabody, their associates and successors, are hereby incorporated,

porated.

by the name of the Proprietors of Byefield Meeting-house, with all the powers and privileges, and subject to all the duties and liabilities, to which similar corporations are subject by the constitution and laws of this Commonwealth.

SECT. 2. Be it further enacted, That said corporation shall Estate. have power to hold and manage any estate, to the amount of five thousand dollars: provided, the same be appropriated exclusively to parochial purposes.

SECT. 3. Be it further enacted, That any proprietor in said Right of voting, meeting-house shall have a right to act and vote by proxy, at any meeting of said proprietors, in case such proprietor should not attend the same in person; but no proprietor, whether of one or more pews, shall, in any case, be entitled to more than one vote, either in person or by proxy; and in case a pew be owned by two or more persons, only one of them shall be entitled to vote by virtue of such ownership. [March 25, 1834.]

Chap 114.

An ACT authorizing Judah Paddock and others to build a Bridge in Dennis. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Judah Paddock and Asa Shiverick, together with their as- Persons incorsociates, successors and assigns, are hereby authorized to build a porated. bridge over Sesuit creek, in the town of Dennis, from the meadow lands of Judah Paddock, on the south of said creek, to the meadow land of Asa Shiverick, on the north of said creek: provided, said bridge be built within four years from the passing Proviso. of this act, and the width be not less than twelve feet, and the under part thereof not less than three feet above high water mark, at a common course of high tides. [March 25, 1834.]

Chap 115.

An ACT to incorporate the Lewis Wharf Company in the city of Boston. 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 Binney, Samuel S. Lewis and George Persons incorHallett, their associates and successors, are hereby made a cor- porated. poration, by the name of the Lewis Wharf Company, with power

to hold, in fee simple or otherwise, all or any part of that real Real estate. estate situate in said city of Boston, including Lewis' wharf and Hancock's wharf, and bounded and described as follows, viz: northwesterly by Ann street, northeasterly by the northeasterly side of Fleet street, and the southwesterly side of Snow's wharf, formerly called Scarlet's wharf, extended into the harbor channel, southwesterly by Commercial street and the land and wharf of the Commercial wharf company, extended into the said channel, and northerly, easterly and southerly by a line or lines in said channel as far northerly, easterly and southerly as said Lewis' wharf or said Hancock's wharf may be lawfully extended; and said company may, within the limits aforesaid, construct docks and wharves, lay vessels within and at the ends and sides thereof, and receive dockage and wharfage therefor, erect buildings, lay out streets and passage ways, and improve and manage said prop

Proviso.

Number of

shares.

Assessments,

&c.

Right of voting.

Chap 116.

Extension of wharf authorized.

Proviso.

erty, as to them shall seem expedient: provided, that nothing herein contained shall be understood as authorizing said corporation in any way to interfere with the legal rights of any person or persons whomsoever.

SECT. 2. Be it further enacted, That said corporation may, at any legal meeting, agree upon the number of shares, not exceeding five hundred, into which their stock shall be divided, which shares shall be transferable in a book kept by their clerk for that purpose, may assess on the stockholders such sums of money, from time to time, not exceeding in the whole two thousand dollars on each share, as may be necessary for the purchase, improvement and management of their estate, and may, in case any stockholder shall neglect to pay any such assessment, cause such of the shares of said stockholder, as may be sufficient therefor, to be sold at public auction to the highest bidder, first giving thirty days notice of said sale, by advertisement thereof, in one or more newspapers printed in said Boston; and, after deducting the amount of such unpaid assessment, and the charges of sale, the surplus, if any, shall be paid to said stockholder, and the purchaser of such share or shares shall be entitled to receive a certificate of the same.

SECT. 3. Be it further enacted, That, in all meetings of the members of said corporation, each proprietor shall be entitled to one vote for each share by him held of said stock, but no one proprietor shall ever be entitled to more than ten votes: provided, always, that no assessment shall be made at any meeting, unless agreed to by two thirds at least both in number and value of those proprietors present and represented, nor unless notice of the purpose of such meeting shall have been given ten days at least previous thereto, in the manner prescribed by the by-laws; and absent members may vote by proxy authorized in writing. [March 25, 1834.] Add. act, 1835 ch. 76.

An ACT authorizing Nathaniel Vinal and others to extend their Wharf. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Nathaniel Vinal and others, proprietors of a certain wharf in the northerly part of the city of Boston, and adjoining Brown's wharf, are hereby authorized to extend their wharf into the sea, so far as the most northerly point of Brown's wharf; and that they shall have and enjoy the right and privilege of using and occupying the flats adjacent to said wharf when so extended, at the end, and at the sides thereof, in the same manner, in which they have hitherto occupied and enjoyed the flats adjoining said wharf as it now is provided, that nothing in this act contained shall in anywise impair or interfere with the private rights of any other person or persons whomsoever. [March 25, 1834.]