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City clerk to have custody of all records, &c.

Repeal.

warrants, seven days at least previous to the day so appointed for calling meetings of the said citizens, at such place and hour as they may deem expedient, for the purpose of choosing a warden, clerk, and inspectors for each ward, and all other officers, whose election is provided for in the preceding sections of this act; and the transcripts of the records of each ward, specifying the votes given for the several officers aforesaid, certified by the warden and clerk of such ward at said first meeting, shall be returned to the said selectmen, whose duty it shall be to examine and compare the same, and in case said elections should not be completed at the first meeting, then to issue new warrants until such elections shall be completed; and to give notice thereof, in the manner herein before provided, to the several persons elected.

And at said first meeting, any inhabitant of said ward, being a legal voter, may call the citizens to order, and preside until a warden shall have been chosen. And at said first meeting, a list of voters in each ward, prepared and corrected by the selectmen for the time being, shall be delivered to the clerk of each ward, when elected, to be used as herein before provided. And the selectmen shall appoint such time for the first meeting of the city council, as they may judge proper, after the choice of city officers, as aforesaid, or a majority of the members of both branches, in the year one thousand eight hundred and forty-nine, and shall also fix upon the place and the hour of said first meeting, and a written notice thereof shall be sent, by said. selectmen, to the place of abode of each of the city officers chosen as provided in this section.

And after this first election of city officers, and this first meeting for the organization of the city council, as in this section is provided, the day of holding the annual elections, and the day and hour for the meeting of the city council, for the purpose of organization, shall remain as provided in the sixth section of this act.

And it shall be the duty of the city council, immediately after the first organization, to elect all necessary city officers, who shall hold their offices respectively until others are chosen and qualified.

SECTION 22. All officers of the town of Lynn, having the care and custody of any records, papers, or property, belonging to said town, shall deliver the same to the city clerk, within one week after his entering upon the duties of his office.

SECTION 23. All such acts and parts of acts as are inconsistent with the provisions of this act, shall be, and the same are hereby repealed.

ture over this

SECTION 24. Nothing in this act contained shall be so Power of legislaconstrued as to prevent the legislature from altering or charter. amending the same whenever they shall deem it expedient.

the citizens.

SECTION 25. This act shall be void, unless the inhabitants This act to be of the town of Lynn, at a legal meeting called for that pur- void if rejected by pose, at which meeting the selectmen shall preside, and the check-list used in the same manner as at meetings called to choose state officers, and the polls be kept open at least six hours, shall, by a vote of a majority of the voters present and voting thereon, yea or nay, by a written ballot, determine to adopt the same within twenty days from and after its passage.

SECTION 26. This act shall go into operation from and after its passage. April 9, 1849.

[1850, 184.]

AN ACT to incorporate the Pittsfield Young Ladies' Institute. Be it enacted, &c., as follows:

Chap. 90.

SECTION 1. Heman Humphrey, John Todd, Moses H. Corporators. Baldwin, their associates and successors, are hereby made a corporation, by the name of the Pittsfield Young Ladies'

Institute, for the education of youth, to be established in For education of Pittsfield, in the county of Berkshire; with all the powers youth.

and privileges, and subject to all the duties, restrictions, and Powers and duliabilities, set forth in the forty-fourth chapter of the Revised ties. Statutes.

SECTION 2. The corporation may hold real estate, not Estate. exceeding in value thirty thousand dollars, and personal estate to the amount of ten thousand dollars, to be devoted exclusively to purposes of education.

April 9, 1849.

[1828, 126; 1830, 139; 1836, 110; 1846, 147; 1847, 84; 1848, 250.] AN ACT giving the Cohannet Bank further time to close its concerns. Be it enacted, &c., as follows:

Chap. 91.

further allowed.

The president, directors and company of the Cohannet Eighteen months Bank are hereby continued a body corporate, for the period of one year and six months from the first day of October, in the year one thousand eight hundred and forty-nine; with all the powers and privileges, and subject to all the limitations, set forth in the seventh section of the fortyfourth chapter of the Revised Statutes.

AN ACT concerning Stony Beach, in Hull.

Be it enacted, &c., as follows:

April 9, 1849.

Chap. 92.

ing or carrying

Any person or persons who shall take or carry away any Penalty for taksand, gravel, or stone, from Stony Beach, in the town of away sand, gravHull, shall forfeit and pay, to the use of the town of Hull, for each offence, a sum not exceeding one hundred dollars,

el, &c.

nor less than twenty-five dollars, to be recovered by indictment, in any court competent to try the same.

April, 9, 1849.

Chap. 94.

Time for completing road ex

[1846, 90; 1848, 285.]

AN ACT concerning the Newburyport Railroad Company.

Be it enacted, &c., as follows:

The time specified for completing the Newburyport Railtended one year. road, as specified in the fourth section of an act entitled "An Act to establish the Newburyport Railroad Company," passed on the eleventh day of March, in the year one thousand eight hundred and forty-six, is extended one year beyond the time fixed in said act.

April 9, 1849. [1849, 199; 1850, 140; 1851, 104, 212; 1852, 167; 1853, 276; 1854, 190; 1855, 14, 62, 216; 1856, 88.]

Chap. 95. AN ACT to incorporate the Proprietors of the Lee Street Church, in

Corporators.

Be it enacted, &c., as follows:

Lowell.

SECTION 1. James G. Carney, Jonathan White, Hazen Elliott, their associates and successors, are hereby made a corporation, by the name of the Proprietors of the Lee Street Church, in Lowell; with all the powers and priviPowers and du- leges, and subject to all the duties, restrictions, and liabilities, set forth in the twentieth and forty-fourth chapters of the Revised Statutes.

ties.

Estate.

Proviso.

Chap. 96.

Trustees named.

SECTION 2. Said corporation may hold real and personal estate, exclusive of their meeting-house and land sufficient for the accommodation of the same, the annual income of which shall not exceed two thousand dollars: provided, however, that the same be applied exclusively to parochial purposes.

SECTION 3. This act shall take effect from and after its passage.

April 9, 1849.

AN ACT to incorporate the Trustees of the Smith Charities.
Be it enacted, &c., as follows:

SECTION 1. That Osmyn Baker, of Northampton, John Dickinson, junior, of Amherst, and Austin Smith, of Hatfield, who have been duly chosen trustees of the funds created, for charitable purposes, by the will of Oliver Smith, Esquire, late of Hatfield, deceased, by the towns interested therein, and their successors in said trust, are hereby made a corporation, by the name of the Trustees of the Smith To manage funds Charities, for the purpose of managing said funds, and dispensing said charities with greater facility and security; with all the powers and privileges, and subject to all the restrictions and liabilities, set forth in the forty-fourth chapter of the Revised Statutes.

under will of Oliver Smith.

SECTION 2. Said corporation may hold all such notes, Powers of corpobonds, deeds, and certificates of stock, as may have been ration. given or transferred to the trustees aforesaid, in their said capacity; and may sue, and recover upon the same, without any special or further conveyance or transfer thereof to the said corporation; and may hold real estate, if deemed necessary for the convenient management of their affairs, not exceeding twenty thousand dollars in value: provided, how- Proviso. ever, that real estate to any amount, which may be taken as security for, or in payment of, any debt due to said corporation, may be held and disposed of by said corporation.

to interfere with

SECTION 3. Nothing in this act contained, shall be con- Nothing herein strued as altering the mode of electing the trustees, which the provisions of is provided in said will; nor as relieving such trustees from the will. the obligation of giving bonds, as is therein required, or from any liability which they may incur by virtue of said bonds; nor as restricting, enlarging, or in any way changing the provisions of said will, or the scheme of charity therein set forth.

tion.

SECTION 4. No part of the funds aforesaid shall, by the The funds to be operation of this act, be exempted from taxation; but, for the subject to taxapurpose of taxation, said funds shall be equally apportioned among the eight towns named in said will, to wit: Northampton, Hadley, Amherst, Hatfield, Williamsburg, Whately, Deerfield, and Greenfield, or such of them as shall not have forfeited their rights therein; and said apportionment shall be made, and the assessors of each of said towns shall be notified of the same by the trustees provided for in said will,

on or before the first day of May annually; and the portions How to be taxed' of said funds, thus assigned to the said towns respectively may be assessed therein, in all the taxes legally voted and assessed by said towns: provided, however, that all the real Proviso. estate shall be taxed in the towns where the same is situate.

SECTION 5. This act shall be null and void, unless, within This act to be acsix months from its passage, it shall be accepted by the cepted. electors according to the provisions of said will.

SECTION 6. This act shall take effect from and after its passage.

April 10, 1849.

AN ACT to incorporate the Conway Mutual Fire Insurance Company. Chap. 97. Be it enacted, &c, as follows:

rated for mutual

in

twenty-eight

James S. Whitney, Asa Howland, and Franklin Childs, Persons incorpotheir associates and successors, are hereby made a corpora- fire insurance, tion, by the name of the Conway Mutual Fire Insurance Conway, for Company in the town of Conway, for the term of twenty- years. eight years, for the purpose of insuring dwelling-houses and Name changed. other buildings, and personal property, within this Commonwealth, against loss by fire, with all the powers and privileges, Powers and du

1854, 202.

ties.

Proviso.

and subject to all the duties, liabilities, and restrictions, set forth in the thirty-seventh and forty-fourth chapters of the Revised Statutes, and of all other general laws which have been, or shall be hereafter enacted, relating to mutual fire insurance companies: provided, that no policy shall be issued by this company, until the sum of one hundred thousand dollars shall have been subscribed to be insured.

[1854, 10, 202; 1855, 476.]

April 13, 1849.

[1848, 101.] Chap. 99. AN ACT in addition to "An Act to incorporate the Housatonic Agricultural Society."

The Housatonic
Society may re-

bounty as county
eties.

Be it enacted, &c., as follows:

The Housatonic Agricultural Society shall be entitled, on ceive the same the same terms as other incorporated agricultural societies, agricultural soci- to receive annually, out of the treasury of the Commonwealth, such sum as any other agricultural society may receive, under the provisions of chapter forty-two of the Revised Statutes, notwithstanding the restrictions of section seven of that chapter; and said society shall embrace, within its limits, the territory of the county of Berkshire.

April 13, 1849. Chap. 100 AN ACT to cede to the United States Jurisdiction over certain Land in

Cession.

in Nantucket.

Boundaries.

Be it enacted, &c., as follows:

Nantucket.

Jurisdiction is hereby granted to the United States of For a light-house America, for the purpose of erecting a light-house thereon, over that tract of land containing about ten acres, situate at Sancoty Head, in the town of Nantucket, which is bounded and described thus, namely: Bounded northerly by land of Frederick W. Mitchell; easterly, by the shore of the sea; southerly, by land of George Myrick; and westerly, by a way, being the same land which has been sold to the United States for the purpose of erecting a light-house thereon: provided, however, that this Commonwealth shall retain, and does hereby retain, in and over said tract of land, jurisdiction concurrent with the United States, so far as that all civil and criminal processes, issued under the authority of this Commonwealth, or any officer thereof, may be executed on any part of said land, or any buildings which may be erected thereon, in the same way and manner as though this act had not been passed. April 13, 1849.

Proviso.

[1826, 91.]

Chap. 101 AN ACT concerning the Massachusetts Charitable Eye and Ear Infirmary. Be it enacted, &c., as follows:

Mav hold $70,000 additional, in real estate.

The Massachusetts Charitable Eye and Ear Infirmary may hold real estate not exceeding the value of seventy thousand

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