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company, and a majority of the directors thereof, stating that all the stock named in the charter has been subscribed for by responsible persons, and that twenty per cent. of the par value of each and every share of the said stock has been actually paid into the treasury of the company.

May 23, 1851. Chap. 245 AN ACT to incorporate the Providence and Bristol Railroad Company. Be it enacted, &c., as follows:

Corporators.

Powers and duties.

Location.

Capital stock.

No share to be than par value.

issued at less

May hold real estate, &c.

May unite with

Boston and Providence railroad.

Time limited.

SECTION 1. Johnson Gardner, Tristam Burgess, John O. Potter, their associates and successors, are hereby made a corporation, by the name of the Providence and Bristol 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 of the said statutes which relates to railroad corporations, and in the several statutes subsequently passed relating to railroad corporations.

SECTION 2. The said company is hereby authorized and empowered to locate, construct, fully complete, and maintain a railroad, with one or more tracks, commencing at the line of the State of Rhode Island, at or near the city of Providence, near India Bridge; thence running in a southerly and south-easterly direction through the town of Seekonk, until it intersects the south-east boundary line of the said town, the said line running north-east from Bullock's Neck.

SECTION 3. The capital stock of the said company shall consist of two thousand five hundred shares, of one hundred dollars each, and no assessment shall be laid thereon of a greater amount, in the whole, than one hundred dollars on each share, and no share 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. And the said company may take, purchase, and hold, such real estate, and may build, purchase, and hold, such engines, cars, materials and other things, as may be necessary for the use of the said railroad, and for the transportation of persons, goods, and merchandise.

SECTION 4. The said company may also enter upon and unite its railroad, by proper turnouts and switches, with the Boston and Providence Railroad, near the city of Providence, and may use the said railroad, or any part thereof, according to the provisions of law.

SECTION 5. If the location of the said railroad be not filed according to law within one year, or if the said railroad shall not be constructed and completed, with at least one

track, within four years from the passage of this act, then this act shall be void.

roads to enter,

SECTION 6. The legislature may authorize any company Legislature may to enter, with another railroad, upon and use the said Provi- authorize other dence and Bristol Railroad, or any part thereof, paying &c. therefor such a rate of toll, or compensation, as the legisla ture may from time to time prescribe, or as may be fixed by any general law of this Commonwealth, and complying with such rules and regulations as may be established by the said Providence and Bristol Railroad Company.

tolls.

SECTION 7. The legislature may, from time to time, reduce May reduce the rate of tolls or other profits, upon the said railroad; but the tolls shall not, without the consent of said company, be so reduced as to produce, with the said profits, less than ten per cent. per annum.

unite with Provi

Island, as one

SECTION 8. The said company is hereby authorized to Authorized to unite with the Providence and Bristol Railroad Company, dence and Bristol incorporated by the State of Rhode Island, to build a railroad R. R. of Rhode within the said State, connecting the termini of the railroad corporation. hereby authorized with the city of Providence and the village of Bristol; and when the said companies shall have so united, the stockholders of one company shall become stockholders of the other company, and the two companies shall constitute one corporation, by the name of the Providence and Bristol Railroad Company, and the franchises, property, powers, and privileges, acquired under the authority of the said States respectively, shall be held and enjoyed by all the said stockholders in proportion to the number of shares or amount of property held by them respectively in either or both of the said corporations.

the directors

SECTION 9. One or more of the directors, or other officers One or more of of the said united corporations, shall, at all times, be an shall be of this inhabitant of this Commonwealth, on whom process against Commonwealth. the said company may be legally served; and the said company shall be held to answer in the jurisdiction where the service is made and the process is returnable.

rate accounts.

pointed, &c.

SECTION 10. The said company shall keep separate accounts shall keep sepaof its expenditures in Massachusetts and Rhode Island, respectively; and two commissioners shall be appointed, one Two commissionby the governor of this State, and the other by the State of ers shall be apRhode Island, if the said State of Rhode Island shall thereto agree, to hold their offices for the term of four years, and to be reasonably compensated by the said company, who shall decide what portion of all expenditures of the said company, and of its receipts and profits, properly pertain to that part of the road lying in the said States respectively, and the annual report required to be made to the legislature

Massachusetts stockholders

to all, &c.

of this Commonwealth shall be approved by the said commissioners.

SECTION 11. The said company and the stockholders shall be subject therein, so far as the road is situated in Massachusetts, shall be subject to all the duties and liabilities created by the provisions of the laws of this Commonwealth, to the same extent as they would have been had no union of the said companies taken place.

When to take effect.

Certificate to secretary of the

SECTION 12. The provisions contained in the four next preceding sections of this act, and all the provisions of this act which contemplate a union of the said companies, shall not take effect until they shall have been accepted by the stockholders of the said two corporations respectively, at legal meetings called for that purpose.

SECTION 13. The said railroad company shall not comCommonwealth. mence the construction of its road until a certificate shall have been filed in the office of the secretary of the Commonwealth, subscribed and sworn to by the president of the said company, and a majority of the directors thereof, stating that all of the stock named in its charter has been subscribed for by responsible parties, and that twenty per cent. of the par value of each and every share of the said stock has been actually paid into the treasury of the company.

Chap. 248

$200,000 additional capital stock.

Proviso.

Liable to tax, &c.

Certificate to secretary of the

[1852, 201; 1853, 79; 1855, 221.]

[1832, 84; 1833, 160; 1849, 217.]

May 23, 1851.

AN ACT to increase the Capital Stock of the Marine Bank.
Be it enacted, &c., as follows:

SECTION 1. The president, directors, and company, of the Marine Bank, in New Bedford, are hereby authorized to increase their present capital stock, by an addition thereto of two hundred thousand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president and directors of the said bank may determine: provided, that the whole amount shall be paid in before the first Monday in April, in the year one thousand eight hundred and fifty-two.

SECTION 2. The additional stock aforesaid, when paid into the said bank, shall be subject to the like tax, regulations, restrictions, and provisions, to which the present capital stock is subject.

SECTION 3. Before the said bank shall proceed to do Commonwealth. business upon the said additional capital, a certificate, signed by the president and directors, and attested by the cashier, under oath, that the same has been actually paid into the said bank, shall be returned into the office of the secretary of the Commonwealth.

SECTION 4. This act shall take effect from and after its passage.

[1855, 377.]

May 23, 1851.

Chap. 249

AN ACT to change the Names of the Persons therein mentioned. Be it enacted, &c., as follows:

Henry Cushing may take the name of Henry Howard Suffolk. Cushing; George W. Trickey may take the name of George Bruce Milton; Henry Bradlee Gutterson may take the name of Henry Eaton Bradlee; Robert Green may take the name of John Green; Edward Dana Greene may take the name of Edward Dana Erving Greene; Josiah Quincy, 3d, may take the name of Josiah Philips Quincy; James Bates may take the name of James Warren Bates; Caroline S. Spencer may take the name of Caroline S. Hartford; George Hartford Spencer may take the name of George Edward Hartford; Emeline F. Ames may take the name of Emma Frost; Frederick W. McKoy may take the name of Frederick William Mozart; Edmund Doe may take the name of Edmund Doe Spear; James Mitchell may take the name of James Munroe Mitchell; Ebenezer Cutter may take the name of Eben Cutter; George Payne, a minor, may take the name of George Vose Payne; Joseph Coolidge Swett may take the name of Joseph Swett Coolidge,-all of Boston, in the county of Suffolk.

James Francis Brown, of Danvers, may take the name of Essex. Charles Francis Brown; Charles E. Spinney, of Haverhill, may take the name of Edwin S. Milton; Anna Lane, of Newbury, may take the name of Lucy Anna Lane; Morrison Proctor, of Georgetown, may take the name of Maurice Henrie Proctor; Ezra Upton, of Salem, may take the name of Warren Augustus Upton; Orlando D. Hogan, of Salem, may take the name of Orlando D. Chandler; William Cockett, of Lynn, may take the name of William Wallace Wilson; John Luffin, of Beverly, may take the name of Joel Sheldon; Patrick Smith, of Lynn, may take the name of Patrick H. Smith; Moses Brown, of Lynn, a minor, may take the name of Frank Bridge Brown; David Dornican, of Beverly, may take the name of David Shepard; Mary Maria Carlton, of Salisbury, a minor, may take the name of Mary Abby Dow; Charles Harris Fisher, of Salisbury, a minor, may take the name of Charles William Dow; James Feathern, of Lynn, may take the name of James F. Howard; Lucy Ann Feathern, of Lynn, may take the name of Lucy Ann Howard; Orin Ross Maddox, of Lynn, may take the name Orin M. Howard; Harriet Symonds Verry, of Danvers, may take the name of Harriet Symonds Hutchinson; John Hallowell Mansfield Nourse, of Lynn, may take the name of John Nourse; Eliza

Middlesex.

Clarke, of Methuen, may take the name of Eliza Adelaide Clarke; Elibabeth D. Heywood, of Salem, may take the name of Elizabeth D. Page; George F. Osterhold, of Newburyport, may take the name of George Frederick Wilbur; Silas Adams Cook, of Newburyport, may take the name of John Adams Cook; Caroline F. Esty, of Salem, may take the name of Caroline F. Symmes; Gideon W. Hunt, of Newburyport, may take the name of Gideon W. Waring; Mary W. Hunt, of Newburyport, may take the name of Mary W. Waring; Hartly Holt Hunt, of Newburyport, may take the name of Charles H. Waring; Seraphina D. M. Hunt, of Newburyport, may take the name of Seraphina D. M. Waring; Elizabeth Ann Lee, of Manchester, may take the name of Lizzie Lee; Patience Ivers Whippen, of Lynn, may take the name of Caroline Ivers Whippen; Benjamin Howard, of Salem, may take the name of Benjamin Cheever Howard; Henry Perry, of Danvers, may take the name of Henry Wallace Perry; Mary Frances Willy, of Groveland, a minor, may take the name of Mary Frances Emery; Elizabeth Willy, of Groveland, a minor, may take the name of Elizabeth Reed; Abby Moore Kimball, of Salem, may take the name of Ruby Mellen Moore; Abraham Lummus, Junior, of Ipswich, may take the name of Henry Abraham Lummus, -all of the county of Essex.

Porter Woodbury, of Acton, may take the name of George Porter Woodbury; Nelson Wood, of Framingham, may take the name of Nelson Wood Richardson; Nancy Remond Lenox, of Watertown, may take the name of Sybil Remond Lenox; Edward Lawrence, of Acton, may take the name of Edward Hobart Lawrence; Emma Allen, of Charlestown, may take the name of Emma Lucy Allen; Patrick Collins, of Waltham, may take the name of Albert James; Mary Ann Maynard, of Charlestown, may take the name of Mary Ann Averill; Samantha Altana Pasco, of South Reading, a minor, may take the name of Samantha Althea Sabine; Caroline Matilda Pratt, of Charlestown, a minor, may take the name of Caroline Pratt Emerson; Richard Potter, of Groton, may take the name of Richard Bulkley Potter; Henry Gowing, of Weston, a minor, may take the name of Henry Augustus Gowing; Maria Bolles, of Littleton, may take the name of Maria Altoinne Bolles; Thomas Miller Croocker, of Charlestown, may take the name of Thomas Miller Crocker; Warren Payson, of Holliston, may take the name of Warren Lindley Payson; Orlando Blanchard, of Framingham, may take the name of William Fisk Smith; Luther Rice, of Marlborough, may take the name of Luther Melville Rice; Michael Fanning, of Ashland, may take the name of Edmund Judson Fanning; Bridget McDonald, of Charlestown, may take

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