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An ACT to authorize the Boston and Providence Rail-road Corporation to construct a
Branch Rail-road to Dedham Village.

1831 ch. 56.

branch rail

Chap 171. SECT. 1. BE it enacted by the Senate and House of Repre- 1832 ch. 74. sentatives, in General Court assembled, and by the authority of 1833 ch. 5. the same, That the Boston and Providence Rail-road Corpora- Authorized to tion are hereby authorized to construct and complete a branch construct a rail-road from their main rail-road to the village of Dedham, in road. the course and direction following: beginning at station number three hundred and sixty-three, of said main rail-road in Dedham, and thence proceeding in a curve, in a southwesterly direction, with a radius of thirteen hundred feet, till it strikes a point distant eighty rods from station three hundred seventy-six, of said main rail-road, and lying north, sixty degrees west therefrom; thence proceeding north sixty degrees west, three thousand feet, to a stake in the public road, the width of the rail-road to this stake being three rods; thence north fifty degrees west, five hundred feet, through land of George Byrd, two rods in width; thence the same course twenty-four hundred feet, three rods in width; thence the same course two hundred feet, where the road, together with the land taken for excavation, is seven rods wide; thence proceeding southwesterly, in a curve, with a radius of four thousand feet, eleven hundred feet, the first three hundred feet being seven rods wide, and the other eight hundred feet being four rods wide; thence proceeding due west, eighteen hundred feet, the first fourteen hundred feet being six rods wide, and the last four hundred feet being three rods wide; thence proceeding in a curve, west, a little north, with a radius of four thousand feet, eight hundred feet in distance, to a point in the new road in Dedham, opposite School street, the width in this part being three rods. In all cases, the line above described is the centre of the rail-road: Provided, however, that the said corporation Proviso. shall obtain the consent of the town of Dedham to their making said branch road as aforesaid, and also the consent of the owners of all the lands through which said road passes, or of their guardians, in case any of them are under guardianship, before they commence the making of said road and provided, also, that all damages which may arise to any person or persons, by taking any lands for said rail-road, or by making said road, shall be paid by said corporation, and the payment thereof secured and enforced in the manner specified in their original act of incorporation, and in the act for defining the rights and duties of rail-road corporations in certain cases.

&c.

SECT. 2. Be it further enacted, That said corporation shall Corporation to be bound to make, and forever maintain legal and sufficient fences make fences, on the line of said branch rail-road; and in case they shall neglect so to do, they shall be liable to the owners of the adjoining lands for all damages arising from such neglect, in an action of debt, to be brought in any court proper to try the same.

SECT. 3. Be it further enacted, That said rail-road corpo- Privileges, &c. ration shall be entitled to all the privileges, and subject to all the duties, and the government shall have all the rights, in respect to

Condition of this act.

1833 ch. 109.

the road, which is hereby authorized to be made, as exist in respect to the main rail-road.

Corporation.

SECT. 4. Be it further enacted, That, if the said corporation shall not complete the said branch rail-road in two years from the date hereof, then this act shall be void, otherwise it shall remain in force as long as their original act of incorporation. [March 31, 1834.] Add. acts, 1835 ch. 46. 102: 1836 ch. 254. Chap 175. An ACT in addition to the Act to establish the Andover and Wilmington Rail-road BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, Further time al- That the further time of six months from the first day of June, in the year of our Lord one thousand eight hundred and thirtyfour, be allowed to said corporation for filing with the county commissioners the location of the route of said rail-road. [March 31, 1834.] Add. acts, 1835 ch. 134: 1837 ch. 113. 188.

lowed.

Chap 179.

corporated.

An ACT to incorporate the Broad Marsh Diking Company in Ipswich. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of Proprietors in the same, That the proprietors of a tract of marsh lying in Ipswich, in the county of Essex, known by the name of Broad Marsh, and belonging in part to the said town of Ipswich, with their heirs, assigns, or other legal representatives, who may become such proprietors, are hereby made a corporation, by the name of the Broad Marsh Diking Company, in Ipswich, for the purpose of making and keeping in repair forever such dikes at the eastern and western ends of said marsh, as may be necessary and sufficient to protect the same from the sea.

Assessments for maintaining dikes.

In case of non

payment of as

sessments, com

pany may sell

delinquent's part of said marsh.

SECT. 2. Be it further enacted, That the said company are hereby empowered to raise, by an assessment or tax, to be made and levied on all the proprietors of said marsh lying within the dikes to be made as aforesaid, such sum or sums for defraying the charges of making and maintaining the said dikes, as shall be agreed upon by the said company, assembled at any legal meeting to be called for that purpose. And such tax or assessment shall be apportioned upon such proprietors according to the number of acres or quantity of said marsh belonging to them respectively, without regard to the quality or value thereof.

SECT. 3. Be it further enacted, That if any proprietor of the said marsh shall neglect or refuse to pay the sum or sums of money duly assessed on him therefor, for the space of six months after such monies shall have been granted, and for the space of one month after his assessment shall have been shown to him, or a copy thereof left at his usual place of abode, then the said company are hereby empowered to sell, at public vendue, to the highest bidder, so much of said delinquent proprietor's part of said marsh as will be sufficient to pay and satisfy the sum or sums assessed upon such delinquent proprietor as aforesaid, and all reasonable charges attending such sale; notice of such sale, and

of the time and place thereof, being given by posting an adver-
tisement thereof in some public place in the town of Ipswich,
thirty days before the time of such sale; and the said company
may, by their clerk, or a committee to be chosen for that pur-
pose, execute a good deed or deeds of conveyance of the part
of said marsh so sold unto the purchaser thereof, to hold in fee
simple provided, nevertheless, that the proprietor or proprietors, Proviso.
whose part or share shall be sold as aforesaid, shall have liberty
to redeem the same at any time within twelve months after such
sale, by paying the sum such part or share sold for, and charges,
together with the further sum of six per centurn on the amount
produced by such sale.

sent town in the

SECT. 4. Be it further enacted, That, so long as said town Overseers of of Ipswich shall be proprietors of any part of said marsh, the poor to repreoverseers of the poor in said town, for the time being, shall rep- meetings of said resent the same in the meetings of said company, unless some company. other person or persons shall be especially appointed for that object by legal vote of the inhabitants of said town.

SECT. 5. Be it further enacted, That this act shall take Act, when to effect and be in force so soon as said proprietors shall signify take effect. their assent thereto, in writing, or by voting therefor, at a meeting duly called in the manner provided by law for the first meet

ing of corporatious. [April 1, 1834.]

An ACT to incorporate the Trustees of the First Methodist Episcopal Church in New- Chap 181.

buryport.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of

sonal estate.

the same, That Enoch Huse, Charles Peabody, Benjamin Pin- Persons incordar, Nathaniel Pillsbury, John Dole, Benjamin Gunnison, John porated. Dodge, Jr., and their successors, are hereby made a corporation by the name of the Trustees of the First Methodist Episcopal Church in Newburyport, 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 Real and perhave power to receive, hold and manage all the property, both real and personal, belonging to said church; and any gift, grant, bequest or donation, that may be made to them for the benefit of said church, shall be held in trust for the support and maintenance of the public worship of God, and for the uses and purposes for which it may be committed to them: provided, the income thereof shall not exceed two thousand dollars and provided, also, that the same be appropriated exclusively to parochial purposes. SECT. 3. Be it further enacted, That the number of trus- Number of tees of said church, as aforesaid, shall not be more than nine, nor less than seven, a majority of whom shall constitute a quorum for doing business; and all vacancies that may happen from death, resignation or otherwise, shall be filled according to the directions given in the discipline of the Methodist Episcopal Church. [April 1, 1834.]

:

trustees.

Chap 185.

Persons incorporated.

Powers.

An ACT to incorporate the South Wharf Corporation 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 William Wright, Abraham A. Dame, their associates and successors, are hereby created a body corporate, by the name of the South Wharf Corporation, and as such, shall have all the powers and privileges, and be subject to all the restrictions and limitations, contained in the eighty-third chapter of the statutes of eighteen hundred and thirty-three; and said corReal and per- poration may hold real estate to any amount not exceeding in value three hundred thousand dollars, and personal estate, not exceeding in value thirty thousand dollars.

1833 ch. 83.

sonal estate.

Corporation may hold and possess certain land, &c.

Proviso.

Number of shares.

SECT. 2. Be it further enacted, That said corporation shall have authority to purchase, hold and possess, in fee simple or otherwise, any part of, or all the land, wharves and docks, lying upon the easterly side of Sea street, near the end of the free bridge, in Boston, and extending therefrom northerly, not more than six hundred feet, and, also, such quantity of land and flats lying upon the opposite side of said street, as said corporation shall acquire by purchase of the rightful and lawful owners provided the whole quantity so purchased shall not exceed four hundred thousand square feet. And said corporation shall have power to sell and convey, lease, mortgage, improve, or in any way dispose of its corporate property, or any part thereof, in such manner as the interest of said corporation may require; and may fill up and make solid ground of its flats, and lay out streets, under the sanction of the mayor and aldermen of the city of Boston, and may erect storehouses and other buildings on said land, and repair, maintain and improve its whole corporate property in such manner as may be most for the interest of said corporation : provided, however, that said corporation shall not so use or improve said corporate property as to encroach upon, or in any possible way to affect or interfere with the legal rights of the South Cove Corporation, the city of Boston, the Commonwealth, or any other person or corporation whatever.

SECT. 3. Be it further enacted, That said corporation may, at any legal meeting, agree upon the number of shares into which its corporate property and estate shall be divided, and upon the form of certificates of shares to be issued to the proprietors of the stock, and upon the manner and condition of transferring the same; which shares shall be deemed and held as personal propAssessments. erty. And said corporation shall have power to assess, from time to time, upon said shares, such sums of money as may be deemed necessary for making the improvements aforesaid; and may sell the shares of delinquent proprietors for the payment of assessments, in such manner as said corporation may by its bylaws determine provided, however, that no share in said corporation shall ever be assessed to a greater amount in all than one hundred dollars.

Right of voting.

SECT. 4. Be it further enacted, That, at all meetings of said corporation, the proprietors present shall be entitled to as many

votes as they shall respectively hold shares in said corporation; and absent members may vote by proxy authorized in writing. [April 1, 1834.]

An ACT to reduce the Capital Stock of the People's Bank.

SECT. 1. BE it enacted by the Senate and House of Repre- 1833 ch. 165. Chap 188. sentatives, in General Court assembled, and by the authority of the same, That, from and after the first day of May next, the Capital stock capital stock of the corporation created by an act passed on the reduced. twenty-fifth day of March, in the year of our Lord one thousand eight hundred and thirty-three, by the name of the president, directors and company of the People's Bank, be, and the same is hereby reduced to the sum of one hundred thousand dollars.

SECT. 2. Be it further enacted, That the number of Number of shares in said capital stock shall remain the same as now estab- shares. lished.

&c.

SECT. 3. Be it further enacted, That no dividend of the When dividend capital stock of said bank, as now existing, shall be made, until may be made, it shall have been proved to the satisfaction of the governor and council, or of commissioners by them appointed, at the expense of said corporation, that the sum to which the said capital stock is to be reduced, is sufficient to pay all notes in circulation, and all deposits and other demands existing against said corporation; and that nothing contained in this act shall be construed to affect the liability of the corporation, or of the individual stockholders, as established by the act incorporating said bank, or by any other existing law. And said corporation shall be holden to pay into the treasury of this Commonwealth their proportion of the tax now required to be paid by law upon the existing capital of said bank, until the same shall be reduced as aforesaid, and all arrearages of taxes paid. [April 1, 1834.] Add. acts, 1836

ch. 283: 1837 ch. 105.

Chap 191.

An ACT to establish an Institution for Savings in Cambridge. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That William J. Whipple, William Hilliard, Levi Farwell, their Persons incorassociates and successors, are hereby incorporated by the name porated. of "The Savings Institution in the town of Cambridge," and Powers and dushall be entitled to all the powers and privileges, and be subject ties.

to all the duties, liabilities and requirements, contained in the

statute of one thousand eight hundred and thirty-four, entitled "an 1834 ch. 190. act to regulate institutions for savings." [April 2, 1834.]

An ACT to incorporate the Andover Institution for Savings.

Chap 192.

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Thomas C. Foster, Abraham J. Gould, and Samuel Mer- Persons incorrill, their associates and successors, are hereby incorporated, by porated. the name of "The Andover Institution for Savings," to be established in the town of Andover, and shall be entitled to all the Powers and powers and privileges, and be subject to all the duties, liabilities duties.

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