established.

and the respective parts of such proceeds shall be disposed of by said towns, respectively, in such manner and for such purposes as each town shall for itself determine and direct. SECTION 6. That portion of the fire district heretofore Fire district established by the inhabitants of the village or district of "Middleborough Four Corners," which is within the limits of said town of Lakeville, is hereby taken from said fire district, and the remaining portion of said fire district shall be and remain a fire district, with all the powers and privileges of such districts, and all taxes heretofore assessed on any of the inhabitants of the original district, shall be collected and applied to the purposes for which they were assessed, in the same manner as if this act had not been passed.

choice of state

SECTION 7. Said town of Lakeville shall continue to be Provisions for a part of the town of Middleborough, for the purpose of and federal offielecting state officers, senators and representatives to the cers. general court, representatives to congress, and electors of president and vice-president of the United States, until the next decennial census shall be taken, in pursuance of the thirteenth article of the amendment of the constitution; and meetings for the choice of said officers shall be called by the selectmen of Middleborough, and shall be holden in the town of Middleborough; and the selectmen of Lakeville shall make a true list of all persons within their town, qualified to vote at every such election, and shall post up the same in said town of Lakeville, and shall correct the same as required by law, and shall deliver a true copy of the same to the selectmen of Middleborough, seven days at least before the day of every such meeting or election, to be used thereat. SECTION 8. Any justice of the peace for the county of First meeting, Plymouth may issue his warrant, directed to any principal inhabitant of said town of Lakeville, requiring him to notify and warn the inhabitants thereof, qualified to vote in town. affairs, 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; and said warrant shall be served by posting up copies thereof, attested by the person to whom the same is directed, in four public places at least, in said town, and fourteen days at least before the time of meeting. The selectmen of Middleborough shall, before said meeting, prepare a list of voters in said town of Lakeville, qualified to vote at said meeting, and shall deliver the same to the person presiding at said meeting, before the choice of moderator thereof.

SECTION 9. This act shall take effect from and after its passage. May 13, 1853.

how called.

Chap. 339

Corporators.

AN ACT to establish the Conway Academy.
Be it enacted, &c., as follows:

SECTION 1. George M. Adams, Asa Howland, John Clary, E. D. Hamilton, Otis Child, and James S. Whitney, with their associates and successors, are hereby made a corporation, by the name of the Conway Academy, to be estabPowers and du- lished in the town of Conway, in the county of Franklin,

ties.

Real and person

al estate, exclu

with all the powers and privileges, and subject to all the duties, liabilities, and restrictions, set forth in the fortyfourth chapter of the Revised Statutes.

SECTION 2. Said corporation may hold real and personal sive of books, &c. estate to the amount of twenty-five thousand dollars, exclusive of books and apparatus devoted to purposes of education. May 14, 1853.

Chap. 340 AN ACT relating to the Separation of the District of Boston Corner from this Commonwealth, and the Cession of the same to the State of New York.

District of Bos

ton Corner ceded

York.

Proviso.

Be it enacted, &c., as follows :

SECTION 1. Sovereignty and jurisdiction over that portion to State of New Of the territory of this Commonwealth, known as the district of Boston Corner, situate in the south-westerly corner of this Commonwealth, and westerly of the south-west line of the town of Mount Washington, in the county of Berkshire, is hereby ceded to the State of New York; with all the powers, privileges, rights, and jurisdiction, now exercised over the same by this Commonwealth; subject, however, to the provisions hereinafter expressed; and provided, this act shall not take effect until the congress of the United States shall consent to such cession and annexation, and until the State of New York shall, by an act for that purpose, accept the jurisdiction of the territory hereby proposed to be transferred, upon such terms as shall leave and vest in the courts of this Commonwealth, authority to take and hold effectual civil and criminal jurisdiction in any cause or matter pending, or which shall have arisen anterior to the issuing of the This act to be proclamation hereinafter named; and this act shall be void, void, unless, &c. unless such action by the government of the United States and State of New York shall take place within two years from the passage of this act.

Limits and extent of territory. how to be defined.

SECTION 2. For the better defining the limits and extent of the territory above mentioned, his excellency the governor of this Commonwealth, shall appoint a suitable person to act in conjunction with proper authorities of the State of New York, who shall forthwith cause an accurate survey and map to be made of the said territory, and shall cause sufficient monuments to be erected in and along the eastern boundary line of said territory, and shall cause the said map and survey to be duly authenticated and filed in the office of the secre

tary of this Commonwealth, as record evidence of the extent and limits of said grant. But no part of the expense of such survey shall be borne by this Commonwealth.

SECTION 3. Whenever the governor of this Common- Governor to issue wealth for the time being, shall receive official notice of such his proclamation. consent of the congress of the United States, and the acceptance of the cession aforesaid by the legislature of the State of New York, he shall issue a proclamation declaring the said district of Boston Corner to be a part of the State of New York. May 14, 1853.

AN ACT to incorporate the Proprietors of the City Hotel in Worcester.
Be it enacted, &c., as follows:

Chap. 341

SECTION 1. Rejoice Newton, Isaac Davis, Francis H. Corporators. Kinnicutt, their associates and successors, are hereby made

ties.

a corporation, by the name of the "Proprietors of the City Hotel in Worcester," for the purpose of erecting a hotel or Hotel in Worcesboarding-house in the city of Worcester, and maintaining ter. the same and the buildings and appurtenances connected therewith; and for those purposes shall have all the powers Powers and duand privileges, and be subject to all the duties, liabilities, partial repeal, and restrictions, set forth in the thirty-eighth and forty- 1855, 417. fourth chapters of the Revised Statutes: provided, that said Proviso. corporation shall not carry on the business of hotel or boarding-house keeping, or be in any way interested in said business; and provided, further, that if any ardent spirits or second proviso intoxicating drinks of any kind whatever shall be sold by repealed, said company, or by agents, lessees, or persons in its employ, in any of said buildings, then this act shall be void.

1856, 175.

SECTION 2. The whole amount of real and personal estate Capital stock.

or capital stock which said corporation may hold, shall not exceed one hundred thousand dollars: provided, that no No shares to be shares in the capital stock of said corporation shall be issued issued under par. 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.

filed and

re

SECTION 3. When any stockholder in this corporation Certificates of shall transfer his stock in this corporation, a certificate of transfer to be such transfer shall forthwith be deposited with the city clerk corded. of the city of Worcester, who shall note the time when the same was deposited, and record the certificate at full length on the record book of the city; and no transfer of such stock shall be valid as against the creditors of such stockholder until such certificate shall have been deposited and recorded as aforesaid. May 14, 1853.

[1855, 417; 1856, 175.]

[1848, 37.]

Chap. 342 AN ACT in addition to an Act to authorize the City of Boston to construct a Temporary Railroad.

Railroad continued 3 years from Feb. 1, 1853.

When to take effect.

Chap. 344

Corporators.

Be it enacted, &c., as follows:

SECTION 1. The city of Boston is hereby authorized to continue the temporary railroad, erected under the authority of an act entitled "An Act to authorize the City of Boston to construct a Temporary Railroad," passed in the year eighteen hundred and forty-eight, during three years from the first day of February, in the year eighteen hundred and fifty-three; subject to all the provisions contained in said act. Except those relating to the removal of mud or earth from the channels on South Bay.

SECTION 2. This act shall take effect from and after its acceptance by the city council of said city.

[1855, 29.]

May 16, 1853.

AN ACT to incorporate the South Bay Company.
Be it enacted &c., as follows:

SECTION 1. Uriel Crocker, Eben Jones, and Ellis Gray Loring, their associates and successors, are hereby made a Powers and du- corporation, by the name of the South Bay 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.

ties.

May purchase and hold certain lands and marsh.

Capital stock.

No shares to be issued under par.

Not to infringe upon legal rights of Roxbury.

SECTION 2. Said corporation may purchase and hold the whole or any part of the land and marsh, lying at or near the head of the Boston South Bay, between Dorchester Turnpike, the old road from Boston to Dorchester, Cottage Street, Norfolk Avenue, East Street and tide-water; not exceeding in the whole one hundred and fifty acres, and may grade and otherwise improve the same, and may sell said marsh and land or divide the same, or the proceeds thereof, among the stockholders, after paying all the debts of the corporation, and not otherwise.

SECTION 3. The capital stock of said corporation shall not exceed one hundred thousand dollars; and no shares in the capital stock of said corporation shall be issued for a less amount, to be paid in on each, than the par value of the shares first issued.

SECTION 4. Nothing contained in this act shall authorize said corporation to infringe upon the legal rights of drainage, or any other rights of the city of Roxbury, or of any other corporation or person whatever, or to make or extend any wharf, pier, or other structure whatever, into and over tide-water, not now authorized by law.

SECTION 5. This act shall take effect from and after its passage. May 16, 1853.

[1813, 134; 1815, 68; 1829, 78; 1830, 58; 1849, 217; 1859, 158.]

AN ACT to increase the Capital Stock of the Tremont Bank.

Be it enacted, &c., as follows:

Chap. 345

stock.

SECTION 1. The president, directors and company of the $250,000 addiTremont Bank, in Boston, are hereby authorized to increase tional capital their present capital stock by an addition thereto of two hundred and fifty thousand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president and directors may determine: provided, that the whole amount shall be paid in before the first day of May, in the year one thousand eight hundred and fifty-four.

be made in writing.

SECTION 2. If any of the stockholders of said bank Remonstrance to remonstrate against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank, on or before the first day of July next; and if the persons so objecting legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act. SECTION 3. The additional capital aforesaid, when paid Liable to tax, &c into said bank, shall be subject to the like tax, regulations, restrictions, and provisions, to which the present capital stock of said bank is now subject.

retary of Commonwealth.

SECTION 4. Before said corporation shall proceed to do Certificate to secbusiness on said additional capital, a certificate signed by the president and directors, and attested by the cashier under oath, that the same has actually been paid into said bank, shall be returned into the office of the secretary of the Commonwealth.

SECTION 5. This act shall take effect from and after its passage. May 16, 1853.

[1812, 53; 1830, 58; 1849, 217]

AN ACT to increase the Capital Stock of the Plymouth Bank. Be it enacted, &c., as follows:

Chap. 346

stock.

SECTION 1. The president, directors and company of the $50,000 addiPlymouth Bank, in Plymouth, are hereby authorized to tional capital increase their present capital stock by an addition thereto of fifty thousand dollars, in shares of one hundred dollars each, which shall be paid in such instalments as the president and directors may determine: provided, that the whole amount shall be paid in before the first day of May, in the year one thousand eight hundred and fifty-four.

be made in writ

ing.

SECTION 2. If any of the stockholders of said bank Remonstrance to remonstrate against the acceptance of the additional capital herein provided, the said remonstrance shall be made in writing to the cashier of the bank, on or before the first day of July next; and if the persons so objecting legally represent one-fourth part of the present capital stock of said corporation, it shall not be entitled to the benefit of this act.