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same in safe and permanent securities, or in mortgages on real estate, so as not to impair the intention of the original donors. And the income arising therefrom shall always be Income, how apapplied for the use and support of the ministry in said plied.

church and society.

ceive donations,

SECTION 4. The said trustees shall have authority to Trustees may rereceive any donations or bequests hereafter made or devised &c. to said church and society for parochial purposes; and said donations and bequests shall be held or invested, and the income thereof applied in the same manner as provided for the original funds in the preceding section, and shall be alike inalienable forever.

bonds, and vacancies, how

SECTION 5. The said trustees shall give such reasonable Trustees to give bonds for the amount of property in their hands as said church and society shall require. And any vacancy in said filled. board of trustees may be filled at any regular meetings of said church and society, called for that purpose.

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

April 21, 1853.

[1845, 212; 1847, 60, 152; 1818, 229; 1850, 24, 30.] AN ACT in addition to an Act to establish the City of New Bedford. Be it enacted, &c., as follows:

SECTION 1. If on the day of the annual ward meetings in the said city, the election of overseers of the poor, school committee, assessors, or assistant-assessors, shall not be completed according to the provisions of the eleventh section of the act incorporating said city; and the said ward meetings or either of them shall be adjourned without day; or if at any time, or from any cause, a vacancy shall exist in either of said offices in any ward of the city, the mayor and aldermen of said city are hereby authorized to issue their warrants for a new election in such ward or wards, to fill any vacancy in either of said offices; and the persons chosen at the said meetings shall act in the offices to which they shall be chosen in all respects, and with the same powers, as if they had been chosen on the day of said annual meeting.

Chap. 171

Mayor and alder

men may issue new warrants to fill certain vacancies.

&c.

SECTION 2. This act shall be void unless the inhabitants Act void unless, of said city, at a legal meeting called for that purpose, shall, by a vote of a majority of the voters present, and voting thereon by written ballot, determine to adopt the same, within twenty days from and after its passage.

SECTION 3. This act shall take effect from and after its passage. April 23, 1853.

[1855, 488; 1857, 2.]

[Special Laws, vol. 2, p. 419.]

Chap. 172 AN ACT to authorize the Proprietors of Dighton and Berkley Bridge to

Bridge discontinued.

divide proceeds.

discontinue the same.

Be it enacted, &c., as follows:

SECTION 1. The proprietors of the Dighton and Berkley Bridge are hereby authorized to discontinue said bridge as a Proprietors may pass-way; and the said proprietors are hereby authorized sell materials and and empowered to take up the materials, and to sell and dispose of the same in such manner as they may elect, and to divide the proceeds of such sale among the stockholders according to the number of their shares respectively: provided, however, that said proprietors shall not sell or dispose of, or in any way alter or interfere with, the abutments of said bridge on each side of Taunton River; but the said abutments shall remain as they now are, for the use and benefit of the towns of Dighton and Berkley respectively forever, but without cost or expense to said proprietors.

Proviso.

Abutments to remain.

Inconsistent acts repealed.

SECTION 2. The several acts relating to said bridge, so far as they are incompatible with the provisions of this act, are hereby repealed.

SECTION 3. This act shall take effect sixty days after its passage. Aprd 23, 1853.

Chap. 173 AN ACT to incorporate the Trustees of the House of the Angel Guardian.

Corporators.

pose.

Be it enacted, &c., as follows :

SECTION 1. John B. Fitzpatrick, Manasses Dougherty and George F. Haskins, and their successors, are hereby made a Name and pur- Corporation, by the name of the Trustees of the House of the Angel Guardian, for the purpose of maintaining and training Powers and du- destitute, idle, and vagrant boys; with all the powers and privileges, and subject to all the liabilities, restrictions, and requirements, set forth in the forty-fourth chapter of the Revised Statutes.

ties.

Real and personal estate.

SECTION 2. The said corporation may take and hold real and personal estate for the purpose aforesaid to an amount not exeeding fifty thousand dollars.

[1852, 94:]

April 23, 1853.

Chap. 175 AN ACT in addition to "An Act to establish the City of Springfield.”

Part of former act repealed.

City council may establish fire department.

Be it enacted, &c., as follows:

SECTION 1. So much of the twenty-first section of the act to which this is in addition, as relates to the establishment of a fire department in said city, is hereby repealed.

SECTION 2. The city council of the city of Springfield may establish a fire department for said city, to consist of a chief engineer, and so many assistant-engineers, and so many enginemen, hosemen, hook-and-ladder men, as the city council by ordinance shall, from time to time, prescribe; and

said city council shall have authority to make such provisions in regard to the time and mode of appointment, and the occasion and mode of removals, of either such officers or members, to make such requisitions in respect to their qualifications and period of service, to define their office and duties, to fix and pay such compensation for their services, and in general to make such regulations in regard to their conduct and government, and to the management and conduct of fires, and persons attending fires, subject to the penalties provided for the breach of the city ordinances, as they shall deem expedient: provided, that the appointment. of enginemen, hosemen, and hook-and-ladder men, shall be made by the mayor and aldermen exclusively.

SECTION 3. The engineers and other officers of the fire Authority of department so appointed as aforesaid, shall have the same engineers. authority, in regard to the prevention and extinguishment of fires, and the performance of the other offices and duties now incumbent upon firewards, as are now conferred upon firewards by the Revised Statutes now in force. They shall also have authority, in compliance with any ordinance of said city, to make an examination of places where shavings and other combustible materials are collected or deposited, and to require the removal of such materials or the adoption of suitable safeguards against fire. And said city council are hereby authorized to make suitable ordinances upon the latter subject, under the penalties enacted in the city charter.

certain officers,

SECTION 4. The compensation to the fire department, to Compensation of assessors, collector of taxes, city clerk, city treasurer, and how fixed. school committee, shall be fixed by a concurrent vote of the two branches of the city council, any provision contained in the eighth section of the city charter to the contrary notwithstanding. April 23, 1853.

[1856, 158; 1857, 26.]

AN ACT to incorporate the Appleton Mutual Fire Insurance Company. Chap. 176 Be it enacted, &c., as follows:

George G. Smith, Eben Tappan, Stephen Libbey, their Corporators. associates and successors, are hereby made a corporation, by the name of the Appleton Mutual Fire Insurance Company, Name. in the city of Boston, for the term of twenty-eight years, for Term. the purpose of insuring dwelling-houses and other buildings Purpose and personal property against loss by fire, upon the mutual principle, with all the powers and privileges, and subject to all Powers and duthe duties, liabilities, and restrictions, set forth in the thirtyseventh and forty-fourth chapters of the Revised Statutes, and of all other general laws which have been or which shall be hereafter enacted relating to mutual fire insurance com

ties.

Proviso.

panies: 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.

April 23, 1853.

Chap. 177 AN ACT to authorize Timothy P. Johnson to construct a Railroad Track

Railroad track in
Provincetown.

To maintain a cros-ing, and be subject to rules, &c.

Chap. 178

Corporators.

Purpose.

in the Town of Provincetown.

Be it enacted &c., as follows:

SECTION 1. Timothy P. Johnson, the proprietor of a wharf in the town of Provincetown, for the purpose of facilitating the transportation of earth to said wharf, is hereby authorized to construct and maintain a railroad track across a public street adjoining said wharf, between such points and in such direction as shall be approved by the selectmen of said town of Provincetown.

SECTION 2. A good and sufficient crossing at said street
or highway, for teams and carriages, shall be maintained by
the said Johnson; and, in arranging the same, he shall be
subject to such rules and requirements as by the said select-
men of the town of Provincetown may be deemed reasonable
and necessary.
April 23, 1853.

AN ACT to incorporate the Malden Tube Works.
Be it enacted, &c., as follows:

SECTION 1. James J. Walworth, James C. Dunn, Gardiner G. Hubbard, their associates and successors, are hereby made a corporation, by the name of the Malden Tube Works, for the purpose of manufacturing articles of iron, brass, and tin, Powers and du- in the town of Malden, and for these purposes shall have all the powers and privileges, and be subject to all the duties, restrictions, and liabilities, set forth in the thirty-eighth and forty-fourth chapters of the Revised Statutes.

ties.

Real and personal estate.

No shares to be issued under par.

SECTION 2. Said corporation may hold real and personal estate necessary and convenient for the purposes aforesaid, not exceeding in amount three hundred thousand dollars.

SECTION 3. No shares in the capital stock of said corporation 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.

SECTION 3. This act shall take effect from and after its passage. April 23, 1853.

[1821, 109; 1822, 12; 1829, 112; 1830, 12; R. S., 87; 1838, 147.]

Chap. 179 AN ACT concerning the Police Court of the City of Boston, and the Justices' Court for the County of Suffolk.

Different justices may hold different sessions.

Be it enacted, &c., as follows:

SECTION 1. Different justices of the police court may hold different sessions of such court at the same time, each for the trial of criminal cases, in any rooms in the court house,

or in any other places assigned by the mayor and aldermen of the city of Boston.

enter a nol. pros.

SECTION 2. In all prosecutions before the said police court, City solicitor may under the by-laws of the said city, the city solicitor, or other person appointed by the mayor and aldermen of the said city, may enter a nolle prosequi, or do any other matter or thing which may be done by a county or district attorney in criminal prosecutions.

by courts, how

SECTION 3. All processes issuing from either the said Processes issued police court or the justices' court for the county of Suffolk, to bear teste. shall be under the scal of such court, signed by the clerk or either of the assistant-clerks thereof, and shall bear teste of the first justice of such court not a party thereto.

be held weekly.

morning and af

SECTION 4. The justices' court for the county of Suffolk Justices' court to shall be held weekly. Each term shall commence on Saturday, and may be continued by adjournment from time to time, until the next Saturday, or so long as shall be necessary. SECTION 5. The police court of the city of Boston shall Police court held be held in the morning, as heretofore, and in the afternoon, ternoon. at the time to which it may be adjourned; and on the same afternoons, at three o'clock, or some hour thereafter, (except Saturday afternoons,) as heretofore; and it may be holden on Saturday afternoon, if it shall appear to any of the justices to be expedient.

April 23, 1853.

Chap. 180

location.

AN ACT concerning the Boston Oil Company. Be it enacted, &c., as follows: SECTION 1. The Boston Oil Company, a corporation duly May change established under and by virtue of the provisions of the one hundred and thirty-third chapter of the acts passed in the year one thousand eight hundred and fifty-one, entitled "An Act relating to Joint Stock Companies," are hereby authorized and empowered to change the location of their manufactory from Boston, in the county of Suffolk, "as provided in their articles of association," to Roxbury, in the county of Norfolk.

filed in Roxbury

SECTION 2. All certificates and records required to be Certificates to be filed and recorded by the said act, relating to joint stock and estate held companies, and by the thirty-eighth chapter of the Revised there. Statutes, shall be filed and recorded in the said city of Roxbury, and in said county of Norfolk, as provided by said. acts, and the said company may hold real and personal estate, and do any and all acts authorized by law in said city of Roxbury, as effectually as if their location were established therein by their said articles of association. SECTION 3. This act shall take effect from and after its passage. April 23, 1853.

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