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Stock, how transferable.

Chap. 176

Bank in Haverhill.

the whole be paid in on or before the first Monday in April

next.

SECTION 3. The stock of said bank shall be transferable only at its banking-house, and in its books.

[1851, 201; 1854, 168.]

May 1, 1849.

AN ACT to establish the Union Bank, in Haverhill.
Be it enacted, &c., as follows:

SECTION 1. Alfred Kittredge, James Noyes, Charles Porter, their associates and successors, are hereby made a corporation, by the name of the President, Directors, and Company of the Union Bank, to be established in the town of Haverhill, in the county of Essex, and shall so continue until the first day of October, which shall be in the year one thousand eight hundred and sixty-nine, with all the Powers and du- powers and privileges, and subject to all the duties, restrictions, and liabilities, set forth in the public statutes of this Commonwealth relative to banks and banking.

ties.

Capital stock.

Proviso.

Stock, how transferable.

Chap. 177

Bank in Spring

field.

SECTION 2. The capital stock of said bank shall consist of one hundred thousand dollars, to be divided into shares of one hundred dollars each, to be paid in such instalments, and at such times, as the stockholders may direct: provided, that the whole be paid in on or before the first day of April, in the year one thousand eight hundred and fifty.

SECTION 3. The stock of said bank shall be transferable only at its banking-house, and in its books.

[1855, 381; 1857, 155.]

May 1, 1849.

AN ACT to incorporate the Western Bank.
Be it enacted, &., as follows:

SECTION 1. Eliphalet Trask, Samuel Bailey, Samuel S. Day, their associates and successors, are hereby made a corporation, by the name of the President, Directors, and Company of the Western Bank, to be located in the town of Springfield, and to continue a corporation until the first day of October, in the year one thousand eight hundred Powers and du- and sixty-nine, and shall be entitled to all the powers and privileges, and be subject to all the duties, liabilities, and restrictions, set forth in the public statutes of this Commonwealth relative to banks and banking.

ties.

Capital stock.

Proviso.

Stock, how transferable.

SECTION 2. The capital stock of said bank shall consist of one hundred thousand dollars, to be divided into shares of one hundred dollars each; to be paid in such instalments, and at such times, as the stockholders may direct: provided, that the whole be paid in on or before the first Monday in April, in the year one thousand eight hundred and fifty. SECTION 3. The stock of said bank shall be transferable only at its banking-house, and on its books. May 1, 1849. [1850, 163.]

AN ACT to confirm the Doings of the Probate Court in Dighton. Be it enacted, &c., as follows:

Chap. 178

Doings of the
April 6, 1849,

probate court,

confirmed.

SECTION 1. The probate court held at Dighton, in and for the county of Bristol, on the sixth day of April, in the year one thousand eight hundred and forty-nine, shall be deemed a court duly and lawfully held, any thing in the act passed on the thirteenth day of March, in the year aforesaid, entitled, " An Act establishing an annual term of the court of probate at Pawtucket, in the county of Bristol," to the contrary notwithstanding; and the doings of the said court at Dighton are hereby ratified and confirmed, and all decrees and orders passed, and all business transacted and proceedings had in the said last named court, are declared to be, and they are, as valid and effectual, to all intents and purposes, as the same would have been, if the act above named had not been passed: provided, that any Provizo. person whose rights were affected by any proceedings had by said court, may file, with the register of said court, his objections to the same at any time within sixty days from the passage hereof. In case any such objection shall be filed, the proceeding objected to shall be considered a nullity, and like proceedings shall be had in the matter as if no court had been held in Dighton.

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

May 1, 1849.

AN ACT concerning the First Baptist Society of Lancaster. Be it enacted, &c., as follows:

firmed.

Name changed.

Chap. 179 The proceedings of the First Baptist Society of Lancaster, Proceedings conas recorded in their books of record, in reference to the past, are hereby confirmed and made valid, notwithstanding 1854, 344. any defects which may appear to exist in regard to the record of the administration of the oath to the clerk of said. society, or in regard to an informality in the manner of recording the doings of said society, by the omission of the said clerk to attest the same.

[1854, 394.]

May 1, 1849.

AN ACT to incorporate the Dorchester and Milton Extension Railroad Chap. 180 Company.

Be it enacted, &c., as follows:

SECTION 1. Edmund P. Tileston, Nathan Carruth, and Corporators. Edward King, their associates and successors, are hereby

made a corporation, by the name of the Dorchester and

Milton Extension Railroad Company, with all the powers Powers and du and privileges, and subject to all the liabilities, duties, and ties. restrictions, set forth in the forty-fourth chapter of the Revised Statutes, and in that part of the thirty-ninth chapter

Route of railroad.

Capital stock.

Real estate.

of said statutes relating to railroad corporations, and in all general statutes that have been or may hereafter be passed relating to such corporations.

SECTION 2. Said company are hereby authorized and empowered to locate, construct, and maintain a railroad, with one or more tracks, from some convenient point on the Dorchester and Milton Branch Railroad, near its terminus, at Dorchester Upper Mills, through portions of Dorchester and Milton, to some convenient point of intersection with the Boston and Providence Railroad, at or near the intersection of the Dedham Branch thereof, or between said intersection and the Monterey station, so called, on said Boston and Providence Railroad.

SECTION 3. The capital stock of said company shall consist of not more than five hundred shares, the number of which shall be determined, from time to time, by the directors thereof; and no assessment shall be laid thereon, of a greater amount in the whole than one hundred dollars on each share; and said corporation may take, purchase, and hold such real estate, and may purchase and hold such engines, cars, and other things, as may be necessary for the use of said railroad, and for the transportation of passengers, Value of shares. goods and merchandise. All shares in the capital stock of said corporation shall be issued for the same value or amount, to be actually paid in on each.

Location.

Completion.

May be united

with Dorchester

SECTION 4. If the location of said railroad be not filed, according to law, within one year, and if the said railroad shall not be completed within two years from the passage of this act, then this act shall be void.

SECTION 5. Said company are hereby authorized to enter & Milton Branch upon and unite their railroad, by proper means, with the Dorchester and Milton Branch Railroad, and to use the same agreeably to the provisions of law.

Railroad.

Also with the Boston and Providence Railroad.

Proviso.

Boston & Provi

dence Railroad

SECTION 6. Said company may also enter upon and unite their railroad, by proper means, with the Boston and Providence Railroad, but the Boston and Providence Railroad Corporation shall not at any time be compelled to transport, on any part of their road, any freight or passengers, brought upon their road by the corporation hereby established, except upon such terms as shall be agreed upon by the said two corporations: provided, however, that the Boston and Providence Railroad Corporation shall not charge, for the transportation of such freight and passengers, at a higher rate than they may charge for the transportation of freight and passengers on the main line of their road.

SECTION 7. The Boston and Providence Railroad CorpoCorporation may ration may, at any time within one year from the passage

road.

of this act, take, purchase and hold, the railroad herein purchase this authorized, upon payment to the corporation herein created, of the full amount of the expenditure made by them upon said railroad, with six per cent. interest on the same; and upon such taking or purchase, the corporation herein created may close up its affairs, and upon payment of all liabilities against it, and the division of its assets, shall cease to exist. SECTION 8. The general court may, from time to time, Rate of toll may reduce the rate of toll, or other receipts, on said railroad, whenever the net income thereof shall exceed ten per cent. per annum; but such tolls or receipts shall not, without the consent of said company, be so reduced as to produce less than ten per cent. per annum on the investment of said company.

be reduced.

may be author

SECTION 9. The general court may authorize any com- Any other road pany to enter with their railroad, at any point on said ized to enter uprailroad, and use the same or any part thereof, agreeably to on this. the provisions of law.

SECTION 10. This act shall take effect from and after its passage.

[1850, 214;1854, 421.]

May 1, 1849.

Chap. 181

AN ACT to incorporate the Bristol County Coal Mining Company. Be it enacted, &c., as follows:

1853, 86.

Mansfield.

SECTION 1. Thomas S. Ridgeway, James Tolman, Stephen Corporators. M. Allen, their associates and successors, are hereby made a Name changed. corporation, by the name of the Bristol County Coal Mining 1855, 129. Company, for the purpose of digging and mining coal and For mining in other minerals, and converting the same to useful purposes, and prosecuting the mining business in all its branches, in the town of Mansfield, in the county of Bristol, with all the Powers and dupowers and privileges, and subject to all the duties, restrictions and liabilities, set forth in the thirty-eighth and fortyfourth chapters of the Revised Statutes.

ties.

SECTION 2. Said corporation may hold for the purposes Real estate. aforesaid, real estate not exceeding in value fifty thousand

dollars, and the whole capital stock shall not exceed two Capital stock. hundred thousand dollars: provided, that no shares in the Proviso. 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. May 1, 1849.

[1853, 86; 1855, 229.]

[1836, 128.]

AN ACT respecting the Collection of Taxes in the City of Lowell.

Be it enacted, &c., as follows :

Chap. 182

SECTION 1. Any collector of taxes for the city of Lowell Collector of taxes may resign his office at any time: provided, the city council may resign. of the said city consent to such resignation.

Proviso.

City council

may remove a collector.

Vacancy may

council.

SECTION 2. The said city council by concurrent vote of both boards, may at any time remove from office, any collector of taxes, whenever such removal shall, in their opinion, be necessary or expedient.

SECTION 3. In the event of any such resignation or be filed by city removal, the said council shall forthwith proceed to elect a new collector of taxes, who shall have authority to complete the collection of the taxes which had been committed to such retiring officer, in the same manner, with the same powers and duties, and subject to the same rules as said original officer would have had, or been subject to, if he had remained in office.

Of the surrender

& c.

SECTION 4. It shall be the duty of every such collector of records, books, of taxes, on such resignation or removal, to surrender and deliver up all his official records, books, and papers, on demand, to the said city council, or to such other person or persons as they may appoint to receive the same.

Collector, resign

ing or removed,

pay over, &c.

SECTION 5. Any collector so resigning or removed, shall, to account and as soon as thereto requested, account for and faithfully pay over to the city treasurer all the taxes actually collected by him and not already accounted for, and also all taxes that may have been lost through neglect or default on his part, with interest on the balance due from him from the date of such resignation or removal; and every such collector, upon accounting and paying as aforesaid, shall be entitled to be discharged from all further liability upon his official bond to the said city.

Chap. 183

Corporators.

May 1, 1849.

AN ACT to incorporate the West Dedham Branch Railroad Company. Be it enacted, &c., as follows:

SECTION 1. Joseph Fisher, Merrill D. Ellis, and Oliver Capen, their associates and successors, are hereby made a corporation, by the name of the West Dedham Branch RailPowers and du- road Company, with all the powers and privileges, and

ties.

Railroad to be built.

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 said statutes, relating to railroad corporations, and in all other general laws which have been or shall be hereafter passed, relative to railroad corporations in this Commonwealth.

SECTION 2. Said company is hereby authorized to locate, construct, and maintain, with one or more tracks, a railroad from West Dedham to the railroad which the Boston and Providence Railroad Company was authorized to construct by the two hundred and seventy-third chapter of the acts of the year one thousand eight hundred and forty-eight, in Dedham or West Roxbury.

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