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Powers and duties.

estate.

Corporators.

Chap. 265. An Act to incorporate the East Hampshire Agricultural Society.

Be it enacted, 8c., as follows : Corporators. Alfred Baker, Edward Dickinson, Luke Sweetzer, their

associates and successors, are hereby made a corporation, by Name changed, the name of the East Hampshire Agricultural Society, for 1851, 154.

the encouragement of agriculture and the mechanic arts, In Amherst. by premiums and other means, in the town of Amherst, in

the county of Hampshire, with all the powers and privileges, and subject to all the duties, liabilities, and restrictions, set forth in the forty-second and forty-fourth chapters of the

Revised Statutes, and in all subsequent acts concerning Real and personal agricultural societies; and said corporation may hold and

manage real estate, not exceeding in value the sum of fifteen thousand dollars, and personal estate not exceeding the same sum, for the purposes aforesaid. May 1, 1850.

[1851, 154.] Chap. 266 An Act to incorporate the Groton Hotel Company.

Be it enacted, 8c., as follows :

SECTION 1. Luther F. Potter, Nathaniel P. Smith, Simeon Ames, their associates and successors, are hereby made a corporation, by the name of the Groton Hotel Company, for the purpose of erecting, in the town of Groton, buildings necessary and convenient for a public house, with all the powers and privileges, and subject to all the liabilities, duties and restrictions, set forth in the forty-fourth chapter of the

Revised Statutes. Real and personal SECTION 2. Said corporation may hold such real and

personal property, as may be necessary and convenient for

the purposes aforesaid, not exceeding in amount twenty Proviso. thousand dollars : provided, that 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 No intoxicating shares which shall be first issued. And if any ardent spirits,

or intoxicating drinks of any kind whatever, shall be sold by said company, or by their agents, lessees, or persons in their employ, contrary to law, in any of said buildings, then this act shall be void.

May 2, 1850 Chap. 268

An Act to incorporate the Midland Railroad.
Be it enacted, &c., as follows :

SECTION 1. Marshall P. Wilder, Robert Codman, Welcome Farnum, and H. K. Horton, their associates and successors, are hereby made a corporation, by the name of the Midland Railroad Company, with all the powers and privileges, and subject to all the duties, liabilities, and restrictions, set forth in the forty-fourth chapter of the Revised Statutes, and in that part of the thirty-ninth chapter thereof relating

Powers and duties.

estate.

drinks to be sold.

Corporators.

Powers and duties.

bor by & pile

to railroad corporations, and to all other general laws which have been or shall be hereafter passed, relative to railroad corporations.

SECTION 2. The said company are empowered to locate, Route of road. construct and maintain a railroad, with one or more tracks, commencing at some convenient point on the Norfolk County Railroad, in South Dedham; thence through the southerly part of Dedham; thence through or near the westerly part of the towns of Canton and Milton to the town of Dorchester; thence in a north-easterly direction, through the town of Dorchester, passing through or near the easterly part of the city of Roxbury, and across the bay and marsh to South Boston, and through South Boston, south-easterly of A Street, at such place and in such manner as will be satisfactory to the mayor and aldermen of the city of Boston, and over the flats, within the line of one hundred rods from high-water mark, to a point on Broad Street or Sea Street, between the northerly line of French's Wharf and the southerly line of Amory's Wharf, crossing Fore Point Channel by a pile bridge, and with a draw, as hereinafter provided.

SECTION 3. The said company are hereby authorized to To cross Foro cross Fore Point Channel, and so much of the flats in Boston and Boston Harharbor as are without the limits of private property, by a bridge. pile bridge only, said railroad across said flats and Fore Point Channel to be but twenty-six feet wide; said bridge shall be built on piles in such manner as to cause the least obstruction to the flow of the stream, and where it crosses Fore Point Channel, shall have a good and sufficient draw and piers for the safe and convenient passage of vessels, and the said bridge shall be constructed under the direction of a commissioner, to be appointed by the governor and council, at the expense of said company; and the said company shall keep the said draw in good repair and open the same, and afford all proper accommodation to vessels having occasion to pass the same by day or night.

SECTION 4. The capital stock of said company shall con- Capital stock. sist of not more than seven thousand shares, the number of which shall, from time to time, be fixed by its directors, and no assessments shall be laid, of a greater amount thereon, in the whole, than one hundred dollars on each share, and none of said shares shall be issued by said company at a less sum than the full value thereof.

SECTION 5. If the location of said road shall not be filed Location and in one year, and the said railroad constructed in two years from the passage of this act, then the same shall be void.

SECTION 6. The legislature may, after the expiration of Tolls, &c., may five years from the time when such railroad shall be opened five years. for use, from time to time, alter and reduce the rate of toll or

construction,

be reduced after

May unite with
Norfolk County
Railroad.

Colony Railroad.

Boston and Prop. D

Proviso.

profits upon said road; but said toll shall not be so reduced, without the consent of said company, as to produce, with said profits, less than ten per cent. per annum upon the investments of the said company.

SECTION 7. The said company may enter upon, and unite their said railroad with, the railroad of the Norfolk County Railroad Company, in South Dedham, with proper switches and turnouts, and may use the same, or any part thereof,

according to law. How to cross Old SECTION 8. The said railroad shall cross the Old Colony

Railroad under the same, and they are hereby authorized to raise the Old Colony Railroad, if necessary, for that purpose,

under the direction of the county commissioners for Norfolk How to cross the County ; and the said railroad shall cross the Boston and idence Railroad. Providence Railroad over the same, with a clear height of

seventeen feet above the top of the rail thereof, and leaving
a roadway of fifteen feet each side of the centre line of said
Boston and Providence Railroad free of obstruction ; and
the said railroad shall also be constructed under the streets
it may cross at South Boston, and if it shall be necessary, for
that purpose, to raise any of said streets, this corporation is
hereby authorized and required to raise the same, under the
direction of the mayor and aldermen of the city of Boston:
provided, that the said railroad shall be so constructed as to
pass under the Old Colony Railroad, and the track of the
said Old Colony Railroad shall not be raised more than five
feet above its present level, and the alteration of the grade
necessary thereto shall be made without interrupting the
travel on said road. And said Midland Railroad Company
shall pay all damages, direct or incidental, caused thereby
to the said Old Colony Railroad Corporation; and said
crossing, and all alteration of streets rendered necessary
thereby, shall be made by and at the expense of said Midland
Railroad Company, under the direction of the mayor and
aldermen of the city of Boston, in said city, and of the
county commissioners of Norfolk County; and the Old
Colony Railroad Corporation shall recover said damage in
the same manner as damages are now recovered when land
is taken by railroad corporations.

SECTION 9. The corporation hereby created, the Norfolk tions authorized County Railroad Company, and the Southbridge and Black

stone Railroad Company, corporations established by the laws of this Commonwealth, and the Willimantic and Thompson Railroad Company, and the Hartford, Providence and Fishkill Railroad Company, two corporations established by the General Assembly of the State of Connecticut, are hereby authorized to unite their several corporations, and form one corporation, by the name of the Midland Railroad Company,

This and several other corpore

to form one company,

new company.

upon such terms and upon such conditions as shall be mutually agreed ; and all such persons as now are, or may hereafter be stockholders, in either of the aforesaid railroad companies, shall be joint stockholders in such united corporation, and all the tolls, franchises, rights, powers, privileges, and property granted, or to be granted, acquired or to be acquired under the authority of the said States, shall be held and enjoyed by all the said stockholders, in proportion to their number of shares, or amount of property held by them respectively, in either or all said corporations.

SECTION 10. The stockholders of said Midland Railroad Meetings, &c., of Company shall hold their meetings, make their by-laws, nes appoint their officers, and transact all their business as one corporation : provided, one or more of the officers of said Proviso. corporation shall be resident in this Commonwealth, and one or more of them in the State of Connecticut, on whom processes against said corporation may be legally served in either State, and that said corporation shall be held to answer in the jurisdiction where the service is made and the process is returnable. SECTION 11. The share or shares of any stockholder, in of liability of

shares to attach. said corporation, shall be liable to attachment, and to be ment. taken on execution in the State where such stockholder shall reside at the time of the service of the process : provided, Proviso. that an attested copy of the writ or execution, and of the officer's return, shall at the time of the service be left with the clerk, or a director of the corporation, or at his usual place of abode.

SECTION 12. Said corporation shall so make out and keep Expenditures in an account of the expenditures on said road, from its com- kept distinct. mencement to its completion, as clearly to exhibit what portion thereof belongs to that part of said road situated in Massachusetts, and what portion to that part in Connecticut; and two commissioners shall be appointed, one by the Commissioners. governor of each State, to hold their office for four years, and to be reasonably compensated for their services by said corporation, who shall ascertain what proportion of expendi- Their duties. tures on said road, and of the other expenses attending its construction, maintenance and use, also what proportion of the receipts and profits of said railroad, shall properly appertain and belong to the portions of said road, in each State respectively; and the annual report required to be made by the directors to the legislature of this Commonwealth shall be approved by said commissioners.

SECTION 13. The said corporation, so far as their road is subject to the situated in Massachusetts, shall be subject to the same gen- bei eral laws of this Commonwealth, to the same extent as the said Norfolk County Railroad Company, the Southbridge

this State to be

general laws.

tuated on 13 e appi

and Blackstone Railroad Company, and the corporation hereby created are and respectively would be, had the authority to unite said corporations herein contained not been granted; and the capital of such united corporation shall consist of the capital now authorized to the several corporations hereby authorized to be united, or as shall be authorized to them, or either of them before such union

shall take place. How and when to SECTION 14. The provisions contained in the ninth, tenth,

eleventh, twelfth and thirteenth sections hereof, shall not take effect until they shall have been accepted by the stockholders of said Norfolk County Railroad Company, said Southbridge and Blackstone Railroad Company, said Willimantic and Thompson Railroad Company, and said Hartford, Providence and Fishkill Railroad Company, respectively, at legal meetings called for that purpose. May 2, 1850.

[1851, 335; 1852, 47; 1853, 311 ; 1854, 421, 447.]

take effect.

castings, &c.

[1846, 230.] Chan, 270 An Act in addition to an Act to incorporate the Malden Steam Mills.

Be it enacted, 8c., as follows : To make iron That said Malden Steam Mills Company, in addition to

the authority granted by their said act of incorporation to Name changed, 1851, 280. manufacture steam-engines and machinery, are hereby

empowered to make iron castings, and to saw and manufacture marble, the same being subject to all the duties, restrictions and liabilities, set forth in the thirty-eighth and forty-fourth chapters of the Revised Statutes. May 3, 1850.

[1851, 280.]

[1835, 96.] Chap. 271 An Act in addition to “ An Act to incorporate the Proprietors of the

Cemetery of Mount Auburn.” Be it enacted, &c., as follows : May hold real es. The corporation known as the Proprietors of the Cemetery and Watertown, of Mount Auburn, may purchase and hold, in fee simple or acres additional. otherwise, any real estate, or any interest in any real estate,

situate and lying in the towns of Cambridge and Watertown, in the county of Middlesex, any thing in the act of this legislature, passed March thirty-first, A. D. eighteen hundred and thirty-five, entitled “ An Act to incorporate the proprietors of the Cemetery of Mount Auburn,” to the contrary notwithstanding : provided, always, that such real estate, by the said corporation so purchased, holden and possessed as aforesaid, under the provisions of this act, shall not at any one time exceed one hundred acres in extent, in addition to whatever real estate the said corporation now holds, or is entitled to hold, by virtue of the act to which this act is in addition, as aforesaid.

May 3, 1850. [1859, 197.]

tate in Cambridge

not exceeding 100

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