SECTION 10. This act shall take effect from and after its passage. [1853, 168; 1857, 9.] [1851, 329.] April 24, 1852. Chap. 147 AN ACT to extend the time for the alteration of their Bridges over Miller's River, by the Fitchburg Railroad Corporation. Time extended. Chap. 148 Corporators. Solid structure. May construct pile bridge. Be it enacted, &c., as follows: The time within which the Fitchburg Railroad Corporation is required by chapter three hundred and twenty-nine, of the acts of one thousand eight hundred and fifty-one, to construct solid embankments at their present crossings over Miller's River, in Somerville, is hereby extended six months from the twenty-fourth day of May, one thousand eight hundred and fifty-two. April 24, 1852. [1855, 259.] AN ACT to incorporate the Eastern Avenue Corporation. SECTION 1. Robert Rantoul, Jr., Samuel S. Perkins, Benjamin T. Reed, Samuel Leeds, Otis Rich, John P. Monks, Joseph W. Ward, their associates and successors, are hereby made a corporation by the name of the Eastern Avenue Corporation, 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. SECTION 2. The said corporation is hereby authorized to construct and maintain an avenue, to be of solid structure, one hundred feet wide, for a street and sidewalks, commencing at L Street, being a point within the boundaries of the city institutions, in that part of Boston called South Boston, and running thence in a north-westerly direction one hundred rods from high-water mark, or to riparian line, so called: said avenue to be provided with proper draw or draws and sluiceways, which draw or draws or sluiceways it shall be in the power of the legislature to change and widen at the expense of the corporation or their successors. SECTION 3. The said corporation is also authorized and empowered to construct and maintain a pile bridge, not exceeding one hundred feet in width, with stone piers one hundred feet wide, and not less than four hundred feet apart, and with suitable draw or draws, which draw or draws it shall be in the power of the legislature to change and widen, at the expense of the corporation or their successors, commencing at the north-westerly end of the solid avenue described in the second section of this act, and running thence in a direct line to the foot of Summer Street, in Width in cross the city of Boston: provided, that none of the stone piers aforesaid shall be placed in Fore or Fore Point Channel. ing commissioners' line. bridge to be par And provided, also, that the southerly side of said bridge. where it crosses the commissioners' line, on the easterly side of Fore Point Channel, shall be twenty-one hundred feet from the angle in said commissioners' line: and pro- In crossing flats vided, further, that the portion of the said bridge or avenue, allet with West which crosses the flats, shall be parallel to West Broadway, Broadway. in said South Boston: and provided, further, that said width in crossbridge where it crosses said channel shall not be more than ing channel. sixty-six feet in width." street. SECTION 4. The said corporation may purchase, or other- May take land for wise take, any land necessary for the purpose of making a street fifty feet wide, from the westerly termination of the bridge aforesaid, authorized by the third section of this act, to Summer Street; and if they shall not be able to obtain such land by any agreement with the owner or owners thereof, they shall pay therefor such damages as shall be estimated and determined, in the manner provided by the laws of this Commonwealth in the case of laying out and widening streets in the city of Boston; and all damages to the estates of riparian proprietors, or owners, by the construction of any of the structures authorized by this act, shall be estimated and determined in the same manner. SECTION 5. The said avenue, bridge, street, draws, and Avenue, &c. sluiceways, shall be constructed under the direction, and to the satisfaction of three commissioners, to be appointed by the governor and council, and to be paid by the said corporation; and the said corporation shall be held liable to keep the same in good repair, and to open the said draws and afford all proper accommodations to vessels having occasion to pass the same by day or by night. SECTION 6. The said bridge, street, and avenue, shall be Free of toll. open for free travel for the use of the public, without toll or charge therefor. give bond. SECTION 7. Before commencing the structures contem- Corporation to plated in the second and third sections of this act, the said corporation shall give bond, with satisfactory sureties, to the attorney-general of this Commonwealth, in the penal sum of fifty thousand dollars, that they shall be completed in all Condition. respects to the satisfaction of the commissioners aforesaid, and kept in good repair for public travel, and that the draw or draws shall be properly raised for all necessary demands of navigation, until such time as the said structures may be accepted by the city of Boston, which city shall be held to all the duties, liabilities, and restrictions, of the said corpo ration. And the said bonds shall also be holden as security Use of bond. for the payment of all such damages to individuals as shall be estimated and determined in the manner provided in the fourth section of this act. Act void, unless, &c. Capital Stock. No shares less than par value. SECTION 8. If said avenue, bridge, and street, shall not be completed within five years from the passage of this act, then the same shall be void. SECTION 9. The capital stock of said corporation shall not exceed one hundred and fifty thousand dollars, and no shares shall be issued for a less sum, to be actually paid in on each, than the par value of the shares which shall be first issued. [1859, 251.] April 24, 1852. Chap. 149 AN ACT to authorize John Nickerson and Eldridge Nickerson to construct Where a fishwear may be constructed. Penalty for taking fish. Damages caused by said wear to be paid. a Fish-Wear in Provincetown Harbor. Be it enacted, &c., as follows: SECTION 1. John Nickerson and Eldridge Nickerson, of Provincetown, in the county of Barnstable, are hereby authorized to construct a fish-wear on the flats on the side of Long Point, in Provincetown harbor, which flats join the uplands of the said Nickersons, with leave to extend the same as far as the tide ebbs, for the purpose of taking fish. SECTION 2. If any person shall take any fish from said wear without the permission of said Nickersons, he shall forfeit and pay to them a sum not exceeding five dollars, if the quantity so taken be less than one hundred pounds, and five dollars for every hundred pounds so taken; to be recovered in any court proper to try the same. SECTION 3. If any damage shall be done by said Nickersons in the construction of said wear to the property of any person, such person shall be entitled to damage, to be estimated in the same manner as damages occasioned by laying out of highways. [1849, 169; 1851, 85; 1852, 116.] April 27, 1852. Chap. 150 AN ACT to authorize the Fairhaven Branch Railroad Company to locate and construct its road over the Burial Ground in the Village of Fairhaven. Location. Be it enacted, &c., as follows: The Fairhaven Branch Railroad Company is hereby authorized and empowered to locate and construct its road over the burial ground in the village of Fairhaven; any thing in the one hundred and thirty-first chapter of the Revised Statutes to the contrary notwithstanding. [1853, 147; 1854, 124; 1857, 253.] April 27, 1852. Chap. 151 AN ACT for the regulation and protection of the Alewive Fishery in the Selectmen of Towns of Cohasset and Scituate. Be it enacted, &c., as follows: SECTION 1. The selectmen of the towns of Scituate and hasset a commit- Cohasset, and their successors, shall be a committee for the purpose of protecting, regulating, and improving, the ale tee to protect fishery. posed of. wive fishery in the stream running from Scituate pond into Cohasset Harbor, on and near the boundary line between the towns of Scituate and Cohasset; and shall have full powers for these purposes. They shall annually dispose of Fish, how dissaid fishery for the term of one year, and no longer, after proper notice, at public sale. They may make improve- Improvements. ments in and remove obstructions from said stream for the purposes aforesaid. The expense of such improvements How paid for. and removals shall, with the exceptions of sluiceways in dams, as hereinafter provided, be borne equally by the towns of Scituate and Cohasset; and said towns are hereby empowered to raise money for this purpose. The proceeds of Proceeds, how disaid fishery shall be equally divided between the two towns. SECTION 2. The acts of a majority of said committee Acts of the mashall be valid, provided reasonable notice of all meetings vided, &c. shall be given to every member of the same; and provided, that at least one member from each town shall be present. SECTION 3. All persons, excepting those purchasing the Penalty for tak right from said committee as aforesaid, or employed by such purchasers, who shall take any of said fish from said stream, in any part of it, from Doane's Mill, so called, upward, shall forfeit the sum of ten dollars for every offence, to the use of said purchasers, who may recover the same by an action at law. vided. jority valid, pro ing fish illegally. Owners of dams to open passage SECTION 4. The owner or occupier of every dam on said stream shall annually, between the first day of March and for fish. the first day of June next following, for such term of time and in such manner as said committee shall direct, open a sufficient passage for said fish through said dam; and on Penalty. failure to open such passage, or of continuing it open as aforesaid, shall forfeit and pay the sum of one hundred dollars; and said committee may open such passage when Committee may neglected as aforesaid, at the expense of the owner or occupier thereof: provided, that no more damage is thereby done said owner or occupier than is necessary to effect said purpose. SECTION 5. Any member of said committee may be a witness in any legal proceeding touching said fishery. open passage. any member of, a witness. to regulate fishery. SECTION 6. The said committee shall regulate the times, places, and manner of taking said fish: provided, that no Proviso. fish shall be taken on more than four days of any one week, and the said purchasers shall conform to such regulations on penalty of not less than twenty nor more than one hundred dollars for each offence. of. SECTION 7. The said committee shall receive out of the compensation proceeds of said fishery, one dollar and twenty-five cents each, for every day's actual service in performing the duties herein required of them. Fines and forfeitures to be divided. SECTION 8. All fines and forfeitures named in this act, and not otherwise appropriated, shall be equally divided between the towns of Scituate and Cohasset, and they may join in a suit for the same. SECTION 9. This act shall take effect from and after its passage. April 27, 1852 [1838, 88.] Chap. 152 AN ACT to authorize the Transfer of Ministerial Funds by the West Parish, in Haverhill. Funds may transferred. -how invested. be Be it enacted, &c., as follows: SECTION 1. The West Parish, in Haverhill, is hereby authorized to transfer to any religious society which may be formed by any of its members, the whole or any part of the funds and real estate of said parish. SECTION 2. The said funds and estate, when so transferred, may be invested in such manner as the said religious society shall direct, and shall constitute a permanent fund, Income, how ap- whereof the income alone shall be applied to the support of the ministry in said society. applied. SECTION 3. This act shall take effect from and after its passage. April 27, 1852. [1855, 205.] Chap. 153 AN ACT to change the Name of the Agawam Mutual Fire Insurance Name changed. Chap. 155 Corporators. Powers and duties. Location of road. Be it enacted, &c., as follows: Company. The Agawam Mutual Fire Insurance Company shall hereafter be called and known by the name of the Hancock Mutual Fire Insurance Company. April 27, 1852. AN ACT to incorporate the Grey Lock Railroad Company. SECTION 1. William T. Filley, Seymour Wilcox, Mark Hopkins, John M. Cole, W. H. Tyler, their associates and successors, are hereby made a corporation by the name of the Grey Lock 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 relating to railroad corporations, and in all statutes that have been or may hereafter be passed relating to railroad corporations. SECTION 2. The said company may locate, construct, and maintain a railroad, with one or more tracks, from the depot of the Pittsfield and Stockbridge Railroad, in Pittsfield, crossing the Western Railroad at or near the depot of the said Western Railroad, in said Pittsfield, by the most con |