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common pleas may appoint three persons.

Nahant to vote with Lynn for

erty, city debts, or state and county taxes, the court of common pleas for the county of Essex are hereby authorized to, and shall, on application of said city of Lynn, or of said town of Nahant, appoint three disinterested persons to hear the parties and award thereon; which award, when accepted by said court, shall be final.

SECTION 5. The town of Nahant shall, for the purpose of representatives. electing representatives to the general court to which the territory comprised in the city of Lynn is now entitled, until another apportionment of representatives be made, remain a part of the said city of Lynn. And the inhabitants of said. Nahant shall vote for the number of representatives which the city authorities of Lynn may decide shall be elected annually in town meeting. And it shall be the duty of the selectmen of said Nahant to preside at said town meeting, and receive the votes; and the certificate thereof shall be made by the selectmen and certified by the town clerk of said Nahant, whose duty it shall be to make return thereof to the mayor and aldermen of the said city of Lynn, within forty-eight hours of the day of voting; and the votes so returned shall be counted by the said mayor and aldermen as a part of the vote of the said city of Lynn.

First meeting, how called.

SECTION 6. Any justice of the peace in the county of Essex is hereby authorized to issue his warrant to any principal inhabitant of the town of Nahant, requiring him to warn the inhabitants of the town of Nahant to meet at the time and place therein appointed, for the purpose of choosing all such town officers as towns are by law authorized and required to choose at their annual meetings.

SECTION 7. This act shall take effect from and after its passage. March 29, 1853.

Chap. 115 AN ACT to confirm certain acts done by Freeman Walker as Justice of

Certain acts confirmed and made valid.

Be it enacted, &c., as follows:

the Peace.

SECTION 1. All acts done by Freeman Walker, of North Brookfield, in the county of Worcester, as a justice of the peace within and for said county of Worcester, between the twenty-sixth day of August, in the year eighteen hundred and fifty-two, and the first day of March, eighteen hundred and fifty-three, be and they hereby are made valid and confirmed, to the same extent as they would have been, had he been during that interval duly commissioned and qualified to discharge the duties of the said office.

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

March 29, 1853.

[1847, 196, 202.]

AN ACT concerning the Walpole Reservoir Company.

Be it enacted, &c., as follows:

Chap. 117

capital stock.

SECTION 1. The Walpole Reservoir Company are hereby May increase authorized to increase their capital stock, by the additional sum of eight thousand dollars; the whole capital stock of said company not to exceed twenty thousand dollars. SECTION 2. An act in addition to an act to incorporate Former act the Walpole Reservoir Company, passed on the twentieth day of April, in the year one thousand eight hundred and forty-seven, is hereby repealed.

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

repealed.

April 1, 1853.

Chap. 118

AN ACT to incorporate the Waltham Gas Light Company. Be it enacted, &c., as follows:

SECTION 1. Reuben P. Davis, Jonas H. Priest, Horatio Corporators. Adams, and Ebenr. Hobbs, their associates and successors, are hereby made a corporation, by the name of the Waltham Gas Light Company, for the purpose of manufacturing and

ties.

selling gas in the town of Waltham, with all the powers and Powers and duprivileges, and subject to all the duties, restrictions, and liabilities, set forth in the thirty-eighth and forty-fourth chapters of the Revised Statutes.

SECTION 2. Said corporation may, for the purpose afore- Real estate. said, hold real estate not exceeding in value one hundred thousand dollars, and the whole capital stock shall not Capital stock. exceed one hundred and fifty thousand dollars.

same in repair.

SECTION 3. Said corporation, with the consent of the Mayopen ground, selectmen of the town of Waltham, shall have the power lay pipes, &c and authority to open the ground in any part of the streets, lanes, and highways in said town, for the purpose of sinking and repairing such pipes and conductors as it may be necessary to sink for the purpose aforesaid. And the said corpo- shall put the ration, after opening the ground in such streets, lanes, or highways, shall be held to put the same again into repair, under the penalty of being prosecuted for a nuisance: pro- Proviso. vided, that the said selectmen for the time being shall at all times have the power to regulate, restrict, and control, the acts and doings of the said corporation which may in any manner affect the health, safety, or convenience, of the inhabitants of said town.

issued under par.

SECTION 4. No shares in the capital stock of the said No shares to be corporation shall be issued for a less sum or amount, to be actually paid in on each share, than the par value of the shares which shall first be issued. April 1, 1853.

Chap. 120

Name changed.

May reduce rates of toll.

agreements.

[1824, 79.]

AN ACT in relation to the North River Bridge Company.
Be it enacted, &c., as follows:

SECTION 1. The North River Bridge Company is hereby authorized to take the name of, and shall hereafter be known as, the Little's Bridge Corporation.

SECTION 2. The said corporation shall have power at any time hereafter, to reduce the rates of toll heretofore established, so far as they may deem expedient, and continue said May make special tolls so reduced as long as they shall deem expedient. The said corporation may also regulate, by agreement with individuals, the rates of tolls for passing their bridge, during the period of one year, or for a shorter time: provided, that the rates of toll so agreed on shall not exceed those heretofore established by law.

Proviso.

Chap. 121

Cert in draws to be widened.

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

April 1, 1853.

AN ACT for widening the Draws in certain Bridges over Mystic River. Be it enacted, &c., as follows:

SECTION 1. The passage-way for vessels through each of the bridges of the several corporations hereinafter named, crossing the Mystic River below the town of Medford, is hereby required to be increased to a clear width of not less than forty-six feet, and suitable draws therein, leaving, when open, a clear passage-way of the width aforesaid, for all vessels having occasion to pass the same, and convenient also, when closed, for the passing of the public travel, shall be made and completed on or before the first day of October, To be approved eighteen hundred and fifty-three; the said draws to be con

by commis

sioners.

Special Laws, vol. 2, p. 506.

Salem Turnpike

and Chelsea

Bridge Corpora

tion to make new draw.

structed and finished upon the terms and conditions hereinafter prescribed, but in such form and mode of construction as shall be approved by three commissioners, to be for that purpose appointed by the governor and council: the compensation of said commissioners to be apportioned by them as they shall think equitable, and to be estimated as part of the expense of constructing said draws.

SECTION 2. The Salem Turnpike and Chelsea Bridge Corporation, incorporated by an act passed March the sixth, one thousand eight hundred and two, shall make, within the time aforesaid, and shall maintain in good repair, in lieu of the present draw, in that part of Chelsea Bridge which crosses the main channel of said river nearest to the Chelsea shore, a new draw, allowing such width of passage for vessels as aforesaid, and of such form and construction as said commissioners shall determine, together with such piers as said commissioners shall judge to be necessary to facilitate the safe passage of vessels through said draw; and the said

tolls extended.

to audit accounts

corporation shall be bound to perform like duties respecting the opening of said draw, and the accommodation of vessels passing through the same as are now required in respect to the several existing draws in said bridge by the said act of incorporation, or any act additional thereto; and to indemnify the said corporation for all losses and expenses incurred by the alterations and improvements aforesaid not required by their act of incorporation, or any act additional thereto; the term limited in said act of incorporation for the taking Term for taking of tolls on said bridge, is hereby extended to such further term as shall be found to be a complete indemnity to the said corporation in the manner hereinafter provided. It Commissioners shall be the duty of the said commissioners, after the altera- and make report. tions and improvements aforesaid shall have been completed and approved, to audit the accounts of the corporation relative thereto, and to ascertain the costs thereof, and all expenses incident thereto, and the losses from interruption of the travel, or otherwise, occasioned by the making of the same, and the increased annual expense, if any, for tending and keeping in good repair such newly-constructed draw, and to determine, after hearing the corporation thereon, what additional term for the taking of the tolls on said bridge, beyond the term limited in said act of incorporation, will suffice to indemnify said corporation for all losses and expenses incurred in making and maintaining said alterations and improvements, with interest thereon at the rate of six per cent. per annum, payable semi-annually, from the time when the same were incurred to the time of their being reimbursed, and to report their award in the premises to the governor and council; and when the said award shall have been accepted and approved by the governor and council, the additional term thereby awarded for the taking of tolls on said bridge shall be deemed and taken to be an additional franchise of the said corporation.

Malden Bridge new

SECTION 3. The proprietors of Malden Bridge, incorpo- March 1, 1787. rated by an act passed March the first, one thousand seven Proprietors of hundred and eighty-seven, and now subject to the provisions to make of the additional act, passed April the nineteenth, one thou- draw. sand eight hundred and thirty-seven, and accepted by said corporation, shall make within the time aforesaid, and shall maintain in good repair, in lieu of the existing draw in said bridge, a draw, not less than forty-six feet in width, and of such form and construction as the commissioners aforesaid shall determine to be safe and convenient; and all the duties the said corporation is now required by law to perform respecting the existing draw, shall be deemed and taken to apply to such newly constructed draw; and the commis- Expenses to be sioners appointed under the said act, passed April the nine- reimbursed out

of tolls.

teenth, one thousand eight hundred and thirty-seven, shall make such provision as they shall deem expedient for advancing to the said corporation the requisite funds to defray the expense of the alterations and improvements aforesaid, to be reimbursed out of the tolls to be received at said bridge, whenever and for such length of time as may be necessary, after the said bridge, under the provisions of said additional act, shall have reverted to and become the property of the Commonwealth, and without detriment to the private interIf the proprie ests of the proprietors of said bridge under said act.

tors refuse, commissioners to make the same.

1811, 56.

Railroad Corpo

draw.

But if

the said proprietors of Malden Bridge shall refuse or neglect to make the said alteration upon the terms aforesaid, by the expiration of the time herein before limited therefor, the commissioners appointed under this act shall make the same, with all convenient despatch, and all the duties the said corporation is now required by law to perform respecting the existing draw, shall be deemed and taken to apply to such newly constructed draw; and all damages thereby sustained by said corporation shall be ascertained in the same manner as is now provided by law in respect to highways, and shall be paid by said commissioners to said corporation, and said commissioners shall make such provision for the payment thereof and for defraying the expense of such alteration as they shall deem expedient, the amount thereof to be re-imbursed out of the tolls to be received at said bridge, as aforesaid.

SECTION 4. The Boston and Maine Railroad Corporation Boston and Maine shall make within the time aforesaid, and shall maintain in ration to make a good repair, in lieu of the existing draw in the bridge of said railroad, crossing the channel of said river, a draw, not less than forty-six feet in width, and of such form and construction as the commissioners appointed under this act shall judge to be safe and convenient, together with such piers as said commissioners shall determine to be necessary to facilitate the passage of vessels through said draw, without unnecessary interruption to the public travel on said railroad; and all the duties now imposed by law upon said corporation with respect to the existing draw in said bridge shall be held to apply to such newly constructed draw; and the said corporation shall, on or before the first day of October, eighteen hundred and fifty-three, remove all such obstructions in the channel of said river, as said commissioners shall judge to have been caused by the erection and maintenance of said railroad; and the expense of said alterations and improvements shall be defrayed by the said railroad corporation.

Obstructions to be removed.

Bridges (except

SECTION 5. On or before the first day of October, one to be deemed nui. thousand eight hundred and fifty-three, within which time

Maiden Bridge.)

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