Court, how often to be held. Criminal. Civil. Compensation. Record to be kept. Processes. Pending suits. Two special justices. manner as is provided by law in cases of justices of the peace; and in all cases where fines, forfeitures, and costs, are not paid to the justice of said court, but are by him taxed and certified, and are allowed, in the manner now prescribed by law, and such fines and costs are subsequently paid to the treasurer of the county of Hampden, the justice's fees so taxed and paid, shall accrue to the county aforesaid; and in all cases where said justice's fees are so taxed and certified by the justice of said court and are allowed, but are not subsequently paid to the treasurer of said county, the said county of Hampden shall be discharged from all obligation to pay said magistrate's fees to any persons whatsoever. SECTION 4. A court shall be held by said justice, at some suitable and convenient place, to be provided at the expense of said town of Springfield, on two several days of each week, at nine of the clock, in the forenoon, and as much oftener as may be necessary, to take cognizance of crimes, offences, and misdemeanors, and on one day in each fortnight, at ten of the clock in the forenoon, and may be adjourned from day to day, by the justice thereof, and at such other times as may be necessary, 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 thereof. Complaints may be received and warrants issued by him at all reasonable times, when said court is not in session. SECTION 5. The justice of said court shall receive from the treasury of the town of Springfield, an annual salary of seven hundred dollars, in quarterly payments; and shall be allowed, as a compensation for his services in the trial and determination of civil suits cognizable by said court under this act, to tax, receive, and retain the same fees now allowed by law to justices of the peace in civil cases. SECTION 6. The justice of said court shall keep a 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; and he shall also, annually, in the month of January, exhibit to the selectmen of the town of Springfield a true and faithful account of all moneys received by him. SECTION 7. All suits, actions, and prosecutions, which shall be instituted and pending before any justice of the peace, within the town of Springfield, when this act shall take effect, shall be heard and determined as though this act had not been passed. SECTION 8. There shall be appointed by the governor, by and with the advice and consent of the council, two special justices of said court; and whenever it shall happen that the standing justice of said court shall be interested in any suit or prosecution cognizable in said court, or shall from any cause be unable to hold said court or discharge any of the duties required of him by this act, the said special justices shall have power to issue the processes of said court, and to hear and determine any matter or cause pending therein, the said cause being assigned on the record by the standing or special justice, and such special justice shall be Compensation. paid for services so rendered, by the standing justice, out of his salary, such sums as justices of the peace are paid for like services. point. SECTION 9. The governor shall have power, by and with Governor to apthe advice and consent of the council, to appoint said justice and special justices, at any time after the passing of this act. SECTION 10. This act shall be in force from and after its This act to be acceptance by the inhabitants of Springfield, at a legal tccept meeting of said inhabitants duly held for this purpose. accepted by [1852, 94.] March 6, 1850. Chap. 59. AN ACT to authorize Ezra Allen to extend his Wharf. Be it enacted, &c., as follows: Ezra Allen, proprietor of a wharf and flats situate on In East Boston. Sumner Street, in that part of Boston known as East Boston, and lying between, and adjoining the land and flats of Pigeon and Poole, and Brown and Lovell, is hereby authorized to extend and maintain his wharf into the harbor channel, as far as the line established by the act entitled "An Act concerning the harbor of Boston," passed on the seventeenth day of March, in the year one thousand eight hundred and forty, and shall have the right to lay vessels at the end and sides of said wharf, and receive wharfage and dockage therefor: provided, however, that this grant shall Proviso. not be construed to extend to any flats or land of this Commonwealth lying in front of the flats of any other person, or which would be comprehended by the true lines of such flats continued to the said commissioners' line: and provided, Proviso. also, that so much of said wharf as may be constructed below low-water mark, shall be built on piles, which piles shall not be nearer to each other than six feet in the direction of the stream, and eight feet in a transverse direction, and that this act shall in no wise impair the legal rights of any person. March 7, 1850. AN ACT to authorize Stephen Nickerson to build a Wharf. Be it enacted, &c., as follows: Chap. 60. Stephen Nickerson is hereby authorized to build and In Provincetown. maintain a wharf from his land adjoining the harbor of Proviso. Provincetown, and to extend said wharf into six feet of Chap. 61. AN ACT to incorporate the Boston and Portland Telegraph Company. Corporators. Powers and duties. Capital stock. SECTION 1. Enoch S. Williams, Benjamin P. Cheney, and Henry O'Rielly, their associates and successors, are hereby made a corporation, by the name of the Boston and Portland Telegraph Company, for the purpose of constructing, maintaining, and using lines of telegraph within this Commonwealth, and connecting the same with any other lines of telegraph, which have been, or may hereafter be constructed, and for extending the same to the city of Portland, in the State of Maine, with all the powers and privileges, and subject to all the duties, restrictions, and liabilities, contained in the forty-fourth chapter of the Revised Statutes, and in an Act approved on the ninth day of April, in the year of our Lord one thousand eight hundred and forty-nine, entitled, "An Act concerning electric telegraph companies and electric telegraphing." SECTION 2. The capital stock of said corporation shall be fifty thousand dollars, with leave to increase the same to an amount not exceeding the sum of one hundred and fifty Value of shares. thousand dollars, to be divided into shares of one hundred dollars each; and no shares, in the capital stock of said corporation, shall be issued for a less sum or amount, to be actually paid in on each than the par value of the shares which shall be first issued. May unite with the New York pany. SECTION 3. The said corporation are hereby authorized and New England and empowered to unite with the "New York and New Telegraph Com- England Telegraph Company," a corporation established by authority of an act of the legislature of the State of New York, passed on the twelfth day of April, one thousand eight hundred and forty-eight, upon such terms as may be mutually agreed upon by both corporations: provided, such terms are not inconsistent with the laws of this Commonwealth, and the provisions of the second section of this act; and when said corporations are so united, they may form one company, by the name of the New York and New England Telegraph Company, with all the powers and privileges, and subject to all the duties, restrictions, and liabilities aforesaid. Proviso. New name. March 7, 1850. AN ACT to incorporate the Town of Groveland. Be it enacted, &c., as follows: Chap. 62. SECTION 1. All that part of the town of Bradford which Boundaries. lies east of a line beginning at the Merrimack River, at the west side of Johnson's Creek, at low-water mark; thence running southerly up the westerly side of said creek, about seventy rods, to a small white oak tree; thence south, fifteen degrees west, eighty-nine rods, to a bound on the southerly side of the highway near Jonathan Kimball's house; thence south, fifty-four degrees west, eighty-six rods and seventeen links to a walnut tree, on the easterly side of the road near the house of William Brown; thence south, thirty-eight and a half degrees west, one hundred and fiftyfour rods, to a bound at the northerly angle of the highway; thence south, forty-five degrees west, one hundred and fortynine rods and nine links, to a bound at the north-westerly angle of said highway, near Johnson's pond; thence south, twenty-seven degrees west, to a bound at the westerly side of said highway at Boxford line, is hereby incorporated into a new town, by the name of Groveland, and is hereby vested with all the powers, privileges, rights, and immunities, and Powers, duties, shall be subject to all the duties and requisitions, to which other towns are entitled and subjected by the constitution and laws of this Commonwealth. &c. ford, how dis SECTION 2. All property belonging to the town of Brad- Property of Bradford, except books, records, and apparatus, belonging to the posed of. archives of said town, shall be sold at public auction, by a committee chosen in equal numbers by said towns, when it shall cease to be used in common by said towns; and any deed of such property, signed by said committee, shall be valid in law; and the proceeds of such sale, as far as it may be necessary, shall be applied to the payment of such debts as may be due from the town of Bradford at the time of separation; and any money which may remain after such payment, and all debts which may remain due from the town after such expenditure, shall be equally divided between said towns. SECTION 3. The paupers now supported by the town of Paupers. Bradford, and all such as may hereafter require support, in virtue of having acquired a settlement in said town, shall be supported by the town within the territorial limits of which they may have acquired a settlement: provided, how- Proviso. ever, that the paupers of said town may be supported, as at present, so long as both towns may so agree, at their joint and equal expense. SECTION 4. All taxes which may be due the town of Taxes. Bradford, at the time of the passage of this act, may be collected in the same manner as though this act had not been passed, and the inhabitants of said town of Groveland shall be holden to pay their proportion of state and county taxes that may be assessed upon them, previously to the taking of the next valuation; said proportion to be ascertained and determined by the town valuation of the town of Bradford, next preceding the passage of this act. SECTION 5. Any justice of the peace within and for the county of Essex, is hereby authorized to issue his warrant, directed to any principal inhabitant of said town of Groveland, requiring him to warn the inhabitants thereof, qualified to vote in town affairs, to meet at the time and place therein appointed, for the purpose of choosing all such town officers as towns are by law authorized and required to choose at their annual meetings. SECTION 6. This act shall take effect from and after its passage. March 8, 1850. tion. Chap. 63. AN ACT concerning the Bequest of Henry Todd to the Board of EducaBe it enacted, &c., as follows: Bequest to be accepted by treas monwealth. Terms, &c. SECTION 1. The treasurer of the Commonwealth is hereurer of the Com- by fully authorized and empowered to accept the bequest made by Henry Todd, late of the city of Boston, to the "Massachusetts Board of Education," of the residue of his estate, upon the terms, and under the restraint, prescribed by his will, to receive, examine, and, if correct, to pass the administration accounts of the executor of said Todd's last will, or of any administrator of his estate with the will annexed, and to enter into any engagement to refund to said executor, or administrator, the whole or such part of said legacy, as he may require for the payment of any lawful claims for which said estate is or shall be chargeable, with all incidental expenses. Treasurer to invest, &c. Chap. 64. Repeal. SECTION 2. The treasurer of the Commonwealth shall hold and invest the said bequest under the same conditions as are required in reference to other funds paid over to him in behalf of the "Massachusetts Board of Education." [1848, 287.] March 9, 1850. AN ACT to repeal an Act concerning the Walnut Grove Cemetery. Be it enacted, &c., as follows: The two hundred and eighty-seventh chapter of the acts passed in the year one thousand eight hundred and fortyeight, is hereby repealed. March 9, 1850. |