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common

may

three persons, & c Proviso.

pleas appoint three competent and disinterested persons to hear appoint the parties and award thereon; and their award, accepted by the court, shall be final: provided, however, that until the division of the said property as aforesaid, the same shall be and remain under the control of the town of Newbury, and the inhabitants of Newbury may hold their town. meetings in the town house, as heretofore.

Selectmen of

Newburyport to furnish a correct

entitled to vote.

SECTION 5. The selectmen of Newburyport shall annually, fourteen days at least before the second Monday of list of all persons November, furnish the selectmen of Newbury a correct list, so far as may be ascertained from the records of the town of Newburyport, or any of its officers, of all persons resident on the territory hereby set off, who shall be entitled to vote for representatives, as aforesaid, in Newbury; and for every For every neglect neglect by the said selectmen so to furnish such list, the town of Newburyport shall forfeit the sum of one hundred dollars, and for the making of any false return in respect to any part of such list shall forfeit the sum of twenty dollars for every name in respect to which a false return shall have been made, to be recovered in the same manner as is provided by the fourth section of the third chapter of the Revised Statutes, in respect to penalties for neglect, or false returns of collectors of towns.

shall forfeit $100.

For any false return shall forfeit $20, &c,

The towns of
Newbury and
Newburyport

may grant and
vote such sums
of money, &c.

Chap.55.

Powers and duties.

Chap. 56.

Wellfleet.

SECTION 6. The said towns of Newbury and Newburyport may, at town meetings duly notified, within seven days after the passage of this act, grant and vote such sums of money as they may respectively judge necessary for all purposes authorized by law, and reconsider, modify, and change any vote on that subject passed at their annual meetings the present year.

SECTION 7. This act shall take effect from and after its passage. April 17, 1851.

AN ACT to establish a Fire Department in the Town of Natick. Be it enacted, &c., as follows:

A fire department is hereby established in the town of
Natick, subject to all the duties and liabilities, and with all
the powers and privileges, set forth and contained in an act
entitled "An act to regulate fire departments," passed on the
ninth day of April, in the year one thousand eight hundred
and thirty-nine.
April 24, 1851.

AN ACT to authorize Thomas Holbrook, 2d, to build a Wharf.
Be it enacted, &c., as follows:

Thomas Holbrook, 2d, is hereby authorized to build and maintain a wharf from his land on the westerly side of the north-east arm of Duck Creek, in the Harbor of Wellfleet, to the channel of the said creek, and to lay vessels thereat,

and receive wharfage and dockage therefor: provided, that May receive dockthis act shall in no way impair the legal rights of

person.

any

age, &c.

April 24, 1851.

Chap. 59.

AN ACT to incorporate the Milford Savings Bank.

Be it enacted, &c., as follows:

duties.

David S. Godfrey, A. C. Mayhew, W. A. Hayward, their Corporators. associates and successors, are hereby made a corporation, by the name of the Milford Savings Bank, to be established in the town of Milford, with all the powers and privileges, and Powers and subject to all the duties, liabilities and restrictions, set forth in the thirty-sixth chapter of the Revised Statutes, and in all other laws of this Commonwealth relating to institutions for savings. April 24, 1851.

[1848, 100.]

AN ACT confirming the doings of the New London, Willimantic and Palmer Railroad Corporation, in issuing bonds and pledging their property for securing the payment of the same.

Be it enacted, &c., as follows:

Chap. 60.

confirmed.

SECTION 1. The act of said corporation, in issuing bonds Issue of bonds bearing interest at a rate not exceeding seven per cent., to an amount not exceeding five hundred thousand dollars, agreeably to an act of the general assembly of the State of Connecticut, passed at the May session, in the year one thousand eight hundred and forty-nine, is and shall be as valid as if the same had been done by authority of an act heretofore granted for that purpose by the legislature of this Commonwealth.

by the corpora

SECTION 2. The mortgage of said corporation, conveying Mortgage made to Jonathan Starr, Charles P. Williams, and Thomas Backus, tion confirmed. and the survivor and survivors of them, and their successors, as trustees in trust for the payment of the bonds issued under the authority of the aforesaid act of the general assembly of the State of Connecticut, all the real and personal estate, rights and franchises of the said corporation, acquired or to be acquired, made and executed on the eighteenth day of September, in the year of our Lord one thousand eight hundred and forty-nine, is hereby ratified and confirmed, and the same is and shall be as valid and effectual for the alienation and conveyance of all the property and effects of the said corporation, lying and being within the Commonwealth of Massachusetts, as of that being within the State of Connecticut, for the purpose or purposes expressed in the said deed of conveyance; the said deed of conveyance being Where deeds are recorded in the record of deeds in the town clerk's office in Monson and Palmer, and in the registry of deeds for the county of Hampden: provided, that in case the said trustees, Proviso.

to be recorded.

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the survivor or survivors of them, or their successors, shall take possession of the property and effects of said corporation by virtue of said mortgage, one of said trustees shall reside in this Commonwealth, on whom process against said corporation or its assigns may be legally served, and said corporation and its assigns shall be held to answer within the jurisdiction where such service shall be made, and where the process may be returnable.

SECTION 3. The said corporation is hereby authorized to make, execute and deliver to the said trustees, or any other persons as trustees, any and every such further instruments and conveyances of their property and effects as may be required or necessary for the better effectuating the objects and purposes of the mortgage aforesaid, and for securing the payment of bonds issued by said corporation, not exceeding five hundred thousand dollars; and all instruments and conveyances so made shall be recorded in like manner as said mortgage is required to be by the second section of this act: provided, that one of said trustees, the survivor or survivors of them, to whom such instrument or conveyance may be given, shall reside in this Commonwealth, upon whom process against said corporation and its assigns may be legally served; and said corporation and its assigns shall be held to answer within the jurisdiction where such service shall be made, and where the process may be returnable.

SECTION 4. Nothing in this act shall be construed to authorize the issuing of any new bonds, or the renewal or extension of payment of any already issued, bearing a higher rate of interest than six per cent. per annum.

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Chap. 61. AN ACT in addition to the Act to incorporate the Worcester Children's Friend Society.

Overseers of the poor authorized

dren to society.

Be it enacted, &c., as follows:

SECTION 1. In all cases, where overseers of the poor are to bind out chil- authorized by law to indent and bind out to individual citizens poor and destitute children, they are hereby authorized and empowered to indent and bind out such children to the Worcester Children's Friend Society, to be retained, employed, and instructed by the said society, or to be by the said society bound out or disposed of in like manner as other children whom they are now authorized to receive into their institution.

When said socie

surrender of a

SECTION 2. In addition to the cases in which the said ty may accept society are authorized to accept a surrender in writing of child by its moth- any indigent child admitted to their institution, they may accept such surrender from the mother of the child, when

er.

the mother and child have been deserted by the father of
the child, and no provision has been made by him for their
support: provided, that the consent of the overseers of the Proviso.
poor of the city or town where such mother may reside, or
of the judge of probate for the county of Worcester, shall
first be obtained in writing, to such surrender.

[1848, 288.]

April 24, 1851.

AN ACT to change the Name, and in addition to an Act to incorporate Chap. 62. the Malden Company.

Be it enacted, &c., as follows:

SECTION 1. The said Malden Company may take and Name changed. hereafter be known by the name of the Boston Iron Tube Company.

ers conferred.

SECTION 2. The said Boston Iron Tube Company, in Additional powaddition to their powers possessed by the Malden Company, are hereby authorized to manufacture iron tubes, and the articles connected therewith.

April 24, 1851.

Chap. 63.

AN ACT concerning the Boston, Barre, and Gardner Railroad

[1847, 276; 1848, 106; 1849, 55.]

Corporation.

Be it enacted, &c., as follows:

struction

ex

SECTION 1. The time allowed to the Boston, Barre, and Time for conGardner Railroad Corporation, by an act passed the twenty- tended. fourth day of March, in the year one thousand eight hundred and forty-nine, for constructing their railroad, is hereby extended to the first day of July, in the year one thousand eight hundred and fifty-three.

to the corpora

SECTION 2. The said corporation are hereby released Releases granted from all obligation to construct that part of their said rail- tion. road, as described in their charter, from a point at the junction of the two branches of said railroad in the town of Princeton, through the towns of Rutland, Hubbardston, and Oakham, to some convenient point near the centre of Barre; and they may construct, or omit to construct, any part thereof, as they may elect; and they may also construct and maintain the other parts of the said railroad, from some convenient point on the Worcester and Nashua Railroad, in the city of Worcester, through the towns of Holden, Rutland, Princeton, and Hubbardston, to some convenient point on the Vermont and Massachusetts Railroad, in the town of Gardner.

SECTION 3. When this act shall have been accepted by New subscription said corporation, a new subscription for the capital stock thereof shall be opened, and the persons holding the stock of said corporation, heretofore subscribed for, shall not be

Corporation shall

not commence construction, until, &c.

liable for any assessments on the shares of said stock heretofore subscribed for, for any expenses hereafter incurred by said corporation in any manner.

SECTION 4. The said corporation shall not commence the construction of their railroad until six thousand shares of the capital stock named in their charter, shall have been subscribed for by responsible parties, and twenty per cent. paid into the treasury of the corporation; the amount of said number of shares being the estimated cost of the said railroad, from Worcester to Gardner; and the said corporation shall not commence the construction of that part of the said railroad from Princeton to Barre, until four thousand additional shares of their said capital stock shall have been subscribed for by responsible parties, and twenty per cent. paid into the treasury of the corporation.

[1853, 336; 1856, 114; 1857, 93; 1859, 97.]

[1850, 169.]

April 24, 1851.

Chap. 64. AN ACT to extend the time for paying in the Capital Stock of the Mariners' Bank, in Dennis.

Time extended.

Chap. 65.

Dighton.

Proviso.

Be it enacted, &c., as follows:

SECTION 1. The time for paying in the capital stock of the Mariners' Bank, in Dennis, is hereby extended to the first day of April, in the year one thousand eight hundred and fifty-two.

SECTION 2. This act shall take effect from and after its passage.

April 24, 1851.

AN ACT to authorize Anthony Reed to build a Wharf.
Be it enacted, &c., as follows:

Anthony Reed is hereby authorized to build and maintain a wharf from land owned by him in the town of Dighton, situated on the westerly side of Taunton Great River, and adjoining the said river, between the wharf of William Cobb and the wharf occupied by Charles Whitmarsh, to a distance not exceeding three hundred feet in width: provided, that the said wharf shall not extend into the harbor or channel, May receive dock- So as to impede the navigation of the said river, and he shall have the right to lay vessels at the said wharf, and to receive dockage and wharfage therefor: provided, that this act shall in no wise affect the legal rights of any person.

age, &c.

Proviso.

April 24, 1851. AN ACT to authorize Thomas Sparrow and others to extend their Wharf. Chap. 66. Be it enacted, &c., as follows:

Chatham.

SECTION 1. Thomas Sparrow, Joseph Reed, Isaiah Lewis, and their associates, are hereby authorized to extend and make improvements in their wharf, located at a place called Jackknife Harbor, at Monomoy Point, in the town of Chat

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