venient route northerly through the towns of Pittsfield, Lanesborough, and New Ashford, to the north line of the town of Williamstown, crossing the track of the Troy and Greenfield Railroad in said Williamstown. SECTION 3. The capital stock of the said company shall Capital stock. consist of five thousand shares of one hundred dollars each, and no assessment shall be laid thereon of a greater amount and held. in the whole than one hundred dollars on each share; and How invested the said company may invest and hold such part of its capital stock in real and personal estate, as may be necessary and convenient for the purposes of their incorporation. enter field road. on SECTION 4. The said railroad company may enter upon May and unite their railroad, by proper turnouts and switches, Troy and Greenwith the Troy and Greenfield Railroad, at some convenient point in the town of Williamstown, and use the same under the provisions and restrictions of the laws relating to railroads. and construction. SECTION 5. If the location of the said railroad be not Location filed according to law within two years, or if the said railroad shall not be constructed within five years, with at least one track, then this act shall be void. SECTION 6. The legislature may, from time to time, Legislature may reduce the rate of tolls, or other profits, upon the said rail- reduce tolls. road; 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. SECTION 7. The legislature may authorize any company to enter, with another railroad, upon and use the said Grey Lock Railroad, or any part thereof, paying therefor such a rate of toll, or compensation, as the legislature 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 Grey Lock Railroad Company. may authorize enter road. another company to tary. SECTION 8. The said corporation shall not commence the Certificate to be construction of their road until a certificate shall have been filed with secrefiled in the office of the secretary of the Commonwealth, subscribed and sworn to by the president and a majority of the directors thereof, stating that all the stock named in their charter has been subscribed for by responsible parties, and that twenty per cent. of the par value of each and every share of the stock thereof has been actually paid into the treasury of the company. SECTION 9. This act shall take effect from and after its passage. April 27, 1852. [1852, 133.] Chap. 156 AN ACT to authorize the Inhabitants of Nantucket to subscribe for and Nantucket may subscribe, for, &c., $50,000 stock of Cape Co. hold Stock in the Cape Cod Branch Railroad. Be it enacted, &c., as follows: SECTION 1. The inhabitants of the town of Nantucket, in the county of Nantucket, in their corporate capacity, are Cod B. Railroad authorized and empowered to subscribe for, pay for, take and hold stock of the Cape Cod Branch Railroad Company, to an amount not exceeding fifty thousand dollars, and the said stock at their pleasure to sell and transfer: provided, that not less than two-thirds of the voters of said town, assembled at a meeting called for that purpose, upon notice duly given seven days at least before said meeting, and within sixty days after the passage of this act, shall vote by ballot to subscribe for said stock. Proviso. Chap. 157 Corporators. Powers and duties. Authorized to take and hold a portion of beach and flats, &c. cribed. SECTION 2. This act shall take effect from and after its passage. April 28, 1852. AN ACT to incorporate West's Beach Corporation. SECTION 1. Peter Pride, West D. Eldredge, William Perry, Issachar T. Eldredge, Elisha Pride, and all others, resident inhabitants of that portion of the West Farms School District, in the town of Beverly, which lies easterly of a line commencing at the mouth of the creek at the salt pond, so called, at low-water mark, and running from thence north-westerly to the south-west corner of the estate of William Perry, thence northerly to the north-west corner bounds of the East Farms School District, together with all the resident inhabitants of the East Farms School District, in said town, and their successors, are hereby made a corporation by the name of West's Beach 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 are hereby authorized to take and hold all that portion of the sea-shore, beach, and flats, at Beverly farms in said town of Beverly, which is Boundaries des- included within the following limits, to wit:-commencing on the highway, at the west corner of land of the heirs of James Woodberry, and running by an old wall south fortyfour degrees east, twenty-one rods and seventeen and one half links to a point near the west corner of land of Henry Lee, Junior; thence south four degrees east, six rods and thirteen links to a large and permanent rock in the ledge; thence south forty-one degrees west, or by low-water mark, over a large high rock in a ledge called the Cove rocks, forty-five rods to the western edge of said ledge; thence north forty-four degrees west, across flats twenty-two rods. to the western edge of a ledge lying west of said Cove rocks; thence north fifty degrees and thirty minutes west, across flats and beach twenty-one rods to the south-west corner of Jonathan Preston's land; thence by said Preston's land north sixty-six degrees east, eighteen rods; thence by said Preston's land north twenty-two degrees east, four rods and sixteen links; thence by said Preston's land north ten degrees west to the highway on West Street; thence by said highway thirty rods to the bounds first mentioned, being a portion of the land, beach, and flats, originally granted by the town of Salem to one John West, in the year one thousand six hundred and sixty-six, which portion has been occupied and improved ever since by him and his heirs, and by these proprietors and their predecessors claiming under and through him and them. way in good re SECTION 3. The members of said corporation may use Purpose. and occupy said described portion of sea-shore, beach, and flats, for the purposes of gathering drift-stuff and sea-weed, and of boating and bathing, as said premises have heretofore been used and occupied by them and their predecessors. SECTION 4. Said corporation are hereby required to keep Shall keep causein good repair for public travel, the causeway across the pair, &c. creek and marsh adjoining said beach, to the westerly side of the way leading to the estate of Henry Lee, Junior; and for the protection of the residue of the highway along said beach, shall also, so far as is consistent with convenient access to the beach, build and maintain a good stone wall extending from the westerly end of said causeway to land of Jonathan Preston. bers to assessment. SECTION 5. All the legal voters included as members of Liability of memsaid corporation shall be liable to an uniform assessment of one dollar and twenty-five cents each, payable in labor, for the erection of said wall; and such further expenditure, if any, as may be necessary to complete said wall, and to keep the same and the causeway aforesaid in good repair, shall be assessed, payable in labor, upon the members of said corporation, by the directors thereof, in proportion to the benefits they may respectively receive from said beach. And if any member shall neglect or refuse to contribute his Penalty for negproportion of labor assessed as aforesaid, or to pay the value lecting to pay asthereof in money on demand, he shall be debarred from all privileges granted by this act. until he shall have paid to the treasurer of said corporation, in money, the amount of all such unpaid assessments due from him, with interest, and all costs and expenses consequent upon his delinquency. SECTION 6. No member of this corporation shall remove Regulations any sand or gravel from said beach without replacing, gravel." sessments. for removing sand or Penalty for illegally removing sand or gravel. Right in beach not transferable. within twenty-four hours after such removal, an equal quantity of stone or gravel; and if any member shall neglect to do so, it shall be the duty of the directors of said corporation forthwith to repair such deficiency; and such delinquent member shall be debarred from all privileges granted by this act, until he shall have paid to the treasurer double the amount which may have been expended to replace such sand or gravel so removed. SECTION 7. No person, not a member of this corporation, shall at any time obtain or remove any sand or gravel, driftstuff, or sea-weed, from said beach, under penalty of twenty dollars for each offence. SECTION 8. No member of this corporation shall transfer his corporate right in said beach; but said beach shall be and forever remain for the use of the present and future residents within the limits designated in the first section of No member shall this act. Nor shall any member sell any sea-weed from said beach; and no sea-weed or other material shall be gathered upon or removed from said beach on the Lord's day, under a penalty of ten dollars for each offence. sell sea-weed. None be gathered on Lord's day. Limits of this grant. List of members. Chap 158 May unite with the Woonsocket tain conditions. SECTION 9. Nothing contained in this act shall be so construed as to grant any rights or privileges in any land, beach, or flats, outside of the limits designated in the second section of this act, or to impair the legal rights of any person.. SECTION 10. It shall be the duty of the clerk of said corporation to keep an accurate list of the members thereof, and exhibit the same to the selectmen of the town of Beverly whenever required so to do. April 28, 1852. [1847, 252; 1848, 275; 1849, 184, 193, 194; 1850, 175, 256, 268; 1851, 272; 1852, 139.] AN ACT concerning the Norfolk County Railroad Company. Be it enacted, &c., as follows: SECTION 1. The Norfolk County Railroad Company and or any railroad the Woonsocket Union Railroad Company, a corporation company on cer- established by the laws of Rhode Island, or any railroad company which now is or which may be by the present legislature authorized to unite its railroad track with the track of said Norfolk County Railroad Company, are hereby authorized by a vote of four-fifths in number and value of the stockholders of each of said corporations, at meetings called for the purpose, to unite themselves in one corporaWhen the corpo- tion: provided, that four-fifths in number and value of the bondholders, in each of the said corporations, shall in writing, assent to such union; and when such votes shall have been passed by said corporations they shall thereupon become one corporation, and all the franchises, property, powers, and rations may be united. privileges, now enjoyed by, and all the restrictions, liabilities, and obligations, imposed upon, said two corporations by virtue of their respective charters, shall appertain to said united corporation in the same manner as if the same had been contained in or acquired under an original charter, and the said Norfolk County Railroad Company shall not by N C. R. not reany such union with any other company be thereby released bilities. from any liability or obligation under which they now are, whether bondholders or any other person or persons. Such New name corporations so formed by such union shall be called by such name as the stockholders of the said corporations so uniting shall fix upon. leased from lia be given. may poration unite state. SECTION 2. If the Norfolk County Railroad Company If N. C. R. corshall, under the provisions of this bill, unite with the with a railroad Woonsocket Union Railroad Company or any other cor- company out of poration created by the laws of any other Commonwealth or State than this Commonwealth, then, and in that case, one or more of the directors or other officers of such corporation formed by such union, shall be an inhabitant or inhabitants of this Commonwealth, on whom process against such corporation may be legally served, and said company shall be held to answer in the jurisdiction where the service is made and the process is returnable. ac counts of ex be kept. be appointed for SECTION 3. The said company shall keep a separate Separate account of the expenditures in Massachusetts and Rhode penditures to Island or such other State as any portion of their road may lie in respectively, and a commissioner shall be appointed Commissioner to by the governor of this Commonwealth, to hold his office five years. for the term of five years, and to be compensated by the said company, who shall decide what portion of the expenditures of said company, and of its receipts and profits properly pertain to those parts of the road lying in Massachusetts, and the annual report required to be made by the Annual report to directors to the legislature of this Commonwealth shall be be approved by approved by the said commissioners. commissioner. Massachusetts SECTION 4. The said company and the stockholders Company and therein, so far as they are situate in Massachusetts, shall be stockholders in subject to all the duties and liabilities of railroad corpora- subject to its tions in Massachusetts, and to the general laws of this Commonwealth in relation to railroad corporations. [1853, 25; 1854, 447.] April 30, 1852. laws. AN ACT concerning the Georgetown and Andover Railroad Company. Chap. 160 Be it enacted, &c., as follows: for construction extend SECTION 1. The time fixed by the original act incorporat- Time ing the Georgetown and Andover Railroad, for the location ed. and construction of said railroad, is hereby extended two |