Annual meet county, shall pay a fine not exceeding one hundred dollars, and not less than thirty dollars, to the use of the Commonwealth, or may be imprisoned for a term not exceeding one year, at the discretion of the court before whom the conviction may be had. SECT. 10. Be it further enacted, That the annual meeting of the members of said corporation shall be holden on the first ing, votes and Wednesday of January, at such time and place as the directors first meeting. for the time being shall appoint, at which meeting five directors shall be chosen by ballot, each proprietor being entitled to as many votes as he holds shares: provided, they do not amount to more than one fourth part of the whole number. And the three persons first named in this act, or any two of them, are hereby authorized to call the first meeting of said corporation, by giving notice in the Daily Advertiser, published in Boston, and the Lowell Journal, published in Lowell, of the time, place, and purpose of such meeting, at least ten days before the time mentioned in such notice. the rail-road SECT. 11. Be it further enacted, That if the said rail-road, Construction of in the course thereof, shall cross any private way, the said cor- across public poration shall so construct said rail-road as not to obstruct the and private safe and convenient use of such private way; and if said rail- ways. road shall not be so constructed, the party aggrieved shall be entitled to his action on 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 other 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 other highway. And the said corporation 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 corporation shall raise or lower any such turnpike, highway or private way, pursuant thereto, 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 said highway or private way may be situate, as the case may be, said proprietors or selectmen may require in writing of said corporation such alteration or amendment as they may think necessary. And if the required amendment or alteration be reasonable and proper, and the said corporation shall unnecessarily and unreasonably 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, any action of the case against said corporation, and shall therein recover a reasonable indemnity in damage for all charges, disbursements, labor and services occasioned by making such alteration or amendments, with costs of suit. SECT. 12. Be it further enacted, That no other rail-road Grants of other than the one hereby granted, shall, within thirty years from and rail-roads reafter the passing of this act, be authorized to be made, leading stricted. Government from Boston, Charlestown or Cambridge, to Lowell, or from Boston, Charlestown or Cambridge, to any place within five miles of the northern termination of the rail-road hereby authorized to be made: provided, that the state may authorize any company to enter with another rail-road at any point of said Boston and Lowell Rail-road, paying, for the right to use 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 Boston and Lowell Rail-road Corporation by virtue of the fifth section of this act provided, also, that it shall be in the power of the government, at any time during the continuance of the charter heremay purchase by granted, after the expiration of ten years from the opening for use of the rail-road herein provided to be made, to purchase of the said corporation the said rail-road, and all the franchise, property, rights and privileges of the said corporation, on paying therefor the amount expended in making the said rail-road, and the expenses of repairs, and all other expenses relating thereto, with interest thereon, at the rate of ten per cent. per annum, deducting all sums received by the corporation from tolls or any other source of profit, and interest at the rate of ten per centum per annum thereon, that shall have been received by the stockholders; and after such purchase, the limitation provided in this section shall cease and be of no effect. rail-road. Conditions of this act. Chap. 5. Persons incor porated. Powers. SECT. 13. Be it further enacted, That if the amount of stock for said rail-road shall not have been subscribed, the company organized, and the location of the route filed with the county commissioners of the county of Middlesex, previous to the first day of January, in the year of our Lord one thousand eight hundred and thirty-two, or if the said stock shall have been subscribed, the company organized, and the location made as aforesaid, but the said corporation shall fail to complete the said railroad on or before the first day of January, one thousand eight hundred and thirty-five, in either of the before mentioned cases this act shall be null and void. [June 5, 1830.] Add. acts, 1830 ch. 79: 1832 ch. 87: 1834 ch.1 : 1836 ch. 146. An ACT to incorporate the Woodbridge School. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Joseph Strong, Maltby Strong and Edward Hooker, with their associates, successors and assigns, be, and they hereby are made a body politic and corporate, by the name of the Woodbridge School, in the town of South Hadley, in the county of Hampshire, for the purposes of education and instruction in the sciences and arts; and the said corporation shall have power, from time to time, to choose a clerk, treasurer, and such other officers as they may judge necessary, may have a common seal, which they may alter or renew at their pleasure, may make contracts, may sue and be sued in all actions, and prosecute and defend the same to final judgment and execution, and may make and establish any by-laws, rules and regulations for the general government of their affairs, and for the division of their property into shares, and for the sale and transfer thereof provided, the same are not repugnant to the constitution and laws of this Commonwealth. SECT. 2. Be it further enacted, That said corporation may Real and perlawfully hold and possess such real estate, not exceeding in value sonal estate. twenty thousand dollars, and such personal estate, not exceeding in value thirty thousand dollars, as may be necessary and convenient for the purpose aforesaid, the income or proceeds of which shall be appropriated exclusively to the purposes of education. SECT. 3. Be it further enacted, That said corporation Assessments. may, from time to time, at any legal meeting called for the purpose, assess upon each share in the capital stock, such sum or sums of money as they may judge expedient for the objects of the incorporation, and for defraying the expense thereof, to be paid to the treasurer at such times as they may direct, and if any proprietor shall neglect to pay any such assessment for the space Sale of delinof thirty days after such time of payment, it shall be lawful for quents' shares. the treasurer to sell, at public vendue, such part of the shares of such delinquent proprietor as may be sufficient to pay such assessments, with incidental charges, giving notice in a newspaper printed at Northampton, in said county, of the time and place of sale, and the sum due on each share, three weeks successively before the day of sale, and such sale shall be a legal transfer of the share or shares so sold to the purchaser thereof. SECT. 4. Be it further enacted, That any one of the per- First meeting. sons named in this act may call the first meeting of said corporation, by personal notice of the time and place of meeting, given to each of the persons named herein, ten days before the time of meeting. And this act may at any time be altered or repealed at the pleasure of the Legislature. [June 5, 1830.] Chap. 6. ized to enclose parts of Cam An ACT to authorize the enclosing of a part of Cambridge Common. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Israel Porter, Stephen Higginson, Asahel Persons authorStearns, Joseph Homes, and Francis Dana, with their associates, be, and they hereby are authorized and empowered, at their bridge common. own expense, and under the direction of two commissioners, to be appointed by the governor, with advice of the council, to enclose such part or parts of the common in Cambridge, in the county of Middlesex, as the said commissioners shall determine, due regard being had to the public convenience and necessity. And the said commissioners, after giving notice to all persons interested, shall have power to make such alterations with respect to the direction of the roads by which the said common is traversed, as they shall see fit, and shall designate the portion or portions of the said common to be enclosed, by metes and bounds, and shall make report of their doings, under their hands Enclosure appropriated to public use only. Penalties for ries. and seals, and file the same in the secretary's office, as soon as may be convenient after the said service shall have been performed. And they are further authorized and empowered to level the surface of the ground, to plant trees, and lay out and make walks within said enclosure, in such manner as, with the approbation of the selectmen of the said town of Cambridge, they may think proper, leaving suitable and convenient avenues for the accommodation of persons who may have occasion to enter or pass over any part of said enclosure on foot. SECT. 2. Be it further enacted, That the said enclosure shall be forever kept and appropriated to public use only, as a public park, promenade, and place for military parade; and no part thereof shall, on any pretence, be appropriated to any purpose of private use or emolument. SECT. 3. Be it further enacted, That if any person shall malicious inju- maliciously or wantonly injure or destroy the fences, trees, walks, or any matter or thing pertaining to said enclosure, every person so offending shall forfeit a sum not exceeding fifty dollars, according to the nature and aggravation of the offence, to be prosecuted for by indictment or information, in the court of common pleas for the county of Middlesex; and such persons shall also be liable for all damages by them done, to be recovered by an action of trespass, or on the case, to be brought before any court proper to try the same, with costs of suit; which action may be brought by any inhabitant of said town of Cambridge, in the name of the inhabitants of said town, or the treasurer thereof, in which action, as well as in any indictment or information, it shall be sufficient to allege the matter or thing injured to be the property of the said inhabitants of Cambridge. And all fines and forfeitures imposed by virtue of this act, shall be to the use of the town of Cambridge, and be appropriated to the purpose of making repairs or improvements upon the said enclosure. Condition of this act. Chap. 7. 1821 ch. 110. 1822 ch. 107. 1824 ch. 49. 1829 ch. 80. Mayor, how tain cases. SECT. 4. Be it further enacted, That if the said enclosure shall not be made within five years from the passing of this act, the authority and power hereby granted shall cease and be wholly void. [June 5, 1830.] An ACT providing in certain cases for the Election of Mayor of 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 whenever, on examination by the mayor and aldermen of the city of Boston, of the returns of votes given for mayor, at the meetings of the wards holden for the purpose of elected in cer- electing that officer, last preceding the first Monday of January, in each year, no person shall appear to have a majority of all the votes given for mayor, the mayor and aldermen, by whom such examination is made, shall make a record of that fact, an attested copy of which it shall be the duty of the city clerk to produce and read, on the first Monday of January, in the presence of the members returned to serve as aldermen and common councilmen; and thereupon the oaths prescribed by law may be administered to the members elect, by any one of the justices of the supreme judicial court, or any judge of any court of record, holden in said city, or by any justice of the peace for the county of Suffolk; and thereupon the members of the board of aldermen shall proceed to elect a chairman, and the common council a president, in their respective chambers, and being respectively organized, shall proceed to business, in the same manner as is provided in the tenth section of the city charter, in case of the absence of the mayor: and the board of aldermen shall forthwith issue their warrants for meetings of the citizens of the respective wards, for the choice of a mayor, at such time and place as they shall judge most convenient; and the same proceedings shall be had, in all respects, as are directed in and by the provisions of the fifth section of the city charter, and repeated, from time to time, until a mayor shall be chosen, by a majority of all the voters voting at such elections. And in SECT. 2. Be it further enacted, That, in case any person Refusal of ofelected mayor of said city shall refuse to accept the office, the fice. same proceedings shall be had in all respects, as are herein before directed, in cases wherein there has been no choice of mayor, until a mayor be chosen by a majority of votes. case of the unavoidable absence, by sickness or otherwise, of the mayor elect, on the first Monday in January, the city government shall organize itself in the mode herein before provided, and may proceed to business in the same manner as if the mayor were present. SECT. 3. Be it further enacted, That this act shall be void, Act to be void unless adopted unless the inhabitants of said city of Boston, at a legal city meet- by the city of ing, called for that purpose, shall, by a written vote, determine Boston. to adopt the same, within twelve days from the time of the pass ing of this act. [June 5, 1830.] Chap. 8. An ACT to incorporate the Charlestown Fire and Marine Insurance 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 Timothy Walker, David Devens, Samuel Devens, Persons incorIsaac Warren, Thomas J. Goodwin, Chester Adams, John porated. Skinner, Isaac Mead, David Fosdick, William Austin, Nathan Pratt, Samuel Payson, David Stetson, and Matthew Skilton, with their associates, successors and assigns be, and they are hereby incorporated into a company and body politic, by the [Name changed name of the Charlestown Fire and Marine Insurance Company, 1831 ch. 25.J with all the powers and privileges granted to insurance compa- Powers and nies, and subject to all the restrictions, duties, and oligations contained in a law of this Commonwealth, entitled "an act to 1817 ch. 120. define the powers, duties and restrictions of insurance companies," passed on the sixteenth day of February, in the year of our Lord one thousand eight hundred and eighteen, and in a law of this Commonwealth entitled "an act authorizing the several 1819 ch. 141. insurance companies of this Commonwealth to insure against fire," passed on the twenty-first day of February, in the year of our Lord one thousand eight hundred and twenty, for and duties. |