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Full text of "Acts and resolves passed by the General Court"

t 



ACTS 



liESOLYES 



PASSED BY THE 



General C0«rl cf Plassatljusdls, 



IN THE TEAR 



1854: 



TOGETHER WITH THE MESSAGES 



PUBLISHED BY TUE SECRETARY OF THE COMMONWEALTH. 




BOSTON: 

WILLIAM WHITE, PRINTER TO THE STATE. 

1854. 



1^ The General Court of 1854 assembled in the State House in Boston, on Wednesday, 
the fourth day of January, and was prorogued on Saturday, the 29th day of April. 

The oaths of office were administered to His Excellency, Emoky Washburn, on the 
twelfth day of January. 



GENERAL AND SPECIAL 

t a t tt t c 



OF 



MASSACHUSETTS, 

1854. 



An Act extending the time for constructing the Danvers and Georgetown p^^*, 1 
and the Danvers Railroads. ^HOp. l. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The times, within which the Danvers and Georgetown Time for con- 
Railroad Company, and the Danvers Railroad Company, t^jj^'^'g^^"'^ ^^' 
may construct their respective railroads, are hereby respect- 
ively extended to the first day of September, in the year of 
our Lord one thousand eight hundred and fifty-four. [v4p- 
proved by the Governor, January 28, 1854.] 

An Act authorizing the Supreme Judicial Court to restrain Railroad Cor- Qhct}). 2. 
porations, by injunction, from entering upon, and using land, in certain ^ 

cases. 

Be it enacted, by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
same, as follows : 

Sect. 1. Whenever it shall be made to appear to the injunction to 
supreme judicial court, or any justice thereof, in term time certain cases. 
or vacation, upon petition of any owner of land or other 
property, that any railroad corporation heretofore, or which 
may be hereafter established, has neglected, for the space 



4 1854.— Chapters 3, 4, 5. 

of thirty days, to comply with an order of county commis- 
sioners, requiring security to be given for damages and 
Agreeable to costs, according to the provisions of the sixty-first section 
c^. ^, ?ec. , ^^ ^1^^ thirty-ninth chapter of the Revised Statutes, said 
court, or any justice thereof, shall have power, by injunction 
or other suitable process, according to the practice of courts 
of equity, to restrain and prohibit any such railroad cor- 
poration from entering upon, or using any such land, or 
other property, for any purpose except making surveys, until 
such order of county commissioners shall be complied with. 
Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, February 1, 1854.] 

Chap. 3. An Act authorizing the Pilgrim Society to hold additional Real Estate. 

Be it enacted by the Senate ajid House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

The Pilgrim Society of Plymouth, are hereby authorized 
to purchase and hold real estate, to the amount of one hun- 
dred thousand dollars, for the purposes specified in their 
charter. [Approved by the Governor, February 4, 1854.] 

Chap. 4. An Act concerning the Eliot Fire Insurance Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Time extended Sect. 1. The time withiu which the increased capital 

for paying in ,,„,,„,., -rr t /-i • • i , 

capital stock, stock 01 thc liiliot 1^ irc iusuranco Company is required to 
be paid in, by an act entitled " An Act to change the name 
of the United Interest Insurance Company, and for other 
purposes," passed on the eleventh day of February, in the 
year one thousand eight hundred and fifty-two, is hereby 
extended to the eleventh day of February, one thousand 
eight hundred and fifty-six. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, February 4, 1854.] 

Chan 5 ■^^ ■^^* *° incorporate the Quincy Gas Light Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Corporators. Sect. 1. Henry H. Faxon, John Faxon, and Eobert M. 
Morse, their associates and successors, are hereby made a 



1854. — Chapter 6. 5 

corporation by the name of the Quincy Gas Light Company, 

for the purpose of manufacturing and selling gas in the town 

of Quincy ; with all the powers and privileges, and subject 

to all the duties, restrictions and liabilities, set forth in the Duties, liabiu- 

thirty-eighth and forty-fourth chapters of the Revised Stat- ^^'^^' *^- 

utes. 

Sect. 2. Said corporation may, for the purpose afore- Real estate not 
said, hold real estate not exceeding in value, the sum of ^?io?o^ooo%or 
one hundred thousand dollars ; and the whole capital stock ^^P-I*']]',^ 
shall not exceed one hundred and fifty thousand dollars. 

Sect. 3. Said corporation, with the consent of the se- 
lectmen of the town of Quincy, shall have the power and 
authority to open the ground in any part of the streets. May open the 
lanes and highways in said town, for the purpose of sinking ^[°^s'^'^{,g^^ 
and repairing such pipes and conductors as it may be nec- 
essary to sink for the purpose aforesaid. And the said 
corporation, after opening the ground in such streets, lanes, 
and highways, shall be held to put the same again into re- 
pair, under the penalty of being prosecuted for a nuisance : 
provided, that the said selectmen, for the time being, shall. Provided, &c. 
at all times, have the power to regulate, restrict, and con- 
trol 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. 

Sect. 4. No shares in the capital stock of the said cor- shares not to 
poration shall be issued, for a less sum or amount, to be |^^e issued under 
actually paid in on each share, than the par value of the 
shares which shall be first issued. [Approved by the Gov- 
ernor, February 6, 1854.] 



An Act concerning the Webster Fire and Marine Insurance Company. QJiat) 6 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The time, within which the capital stock of the Time extended 
Webster Fire and Marine Insurance Company in Boston, is capit'T/stlfck!'^ 
by law required to be paid in, is hereby extended to the 
twenty-first day of February, in the year one thousand eight 
hundred and fifty-six. 

Sect. 2. Said company shall have power and authority when to com- 

, -i.,^.*^ , j_ n if rnence busi- 

to commence doing busmess, when seventy-five per cent, oi ness. 
their capital stock shall have been paid in. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, February 6, 1854.] 



6 1854.— Chapters 7, 8, 9. 

Chan 7 "^^ ^^^ concerning Loans by Banks to the Commonwealth. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Loan by banks Moiiey loaned by any bank of this State to the Common- 
wenur'notto wealth, shall not be deemed to be debts due said bank, 
be deemed, &c. within the intent and meaning of the ninth section of the 
thirty-sixth chapter of the Revised Statutes ; and so much 
of said section as is inconsistent with this act, is hereby 
Provided. repealed : provided, that the amount of said loan, thus ex- 
empted, shall not exceed five per cent, of the capital stock 
of said bank. [Approved by the Governor, February 6, 
1854.] 

Chan. 8. ^^ ^^^ ^° change the corporate name of the Doctrinal Tract and Book 
-* ' ' Societ}'. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Name changed The Corporate name of the Doctrinal Tract and Book 
Society, a society incorporated in the year eighteen hundred 
and fifty, is hereby changed; and said society, from and 
after the passing of this act, shall be called and known by 
the name of the Congregational Board of Publication. 
[Approved by the Governor, February 6, 1854.] 

Chan. 9. ^" ^^^ ^^ incorporate the Dorchester Gas Light Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Gideon Beck, Alexander Pope and Charles C. 
Harrington, their associates and successors, are hereby made 
a corporation by the name of the Dorchester Gas Light 
Company, for the purpose of manufacturing and selling gaa 
in the town of Dorchester; with all the powers and privi- 
Duties, liabili- Icges, and subject to all the duties, restrictions and liabili- 
ties, &c. ^jgg^ gg|. f^^Y\\\ in the thirty-eighth and forty-fourth chapters; 

of the Revised Statutes. 
Real estate, Sect. 2. Said Corporation may, for the purpose afore- 
ffndloio,'^''^'^ said, hold real estate not exceeding in value one hundred, 
nor capital, thousaud dollars; and the whole capital stock shall not 
* '■* ' ■ exceed one huadred and fifty thousand dollars. 

Sect. 3. Said corporation, with Xhsi CQas.eat of the 



1854.— Chapter 10. 7 

selectmen of the town of Dorchester, shall have the power May open 
and authority to open the qrroiind in any part ot the streets, ,,ipes, &c. 
lanes and hii;hways in said town, for the purpose of siiikini^ 
and repairini!: sui^h pipes and conductors as it may be neces- 
sary to sink for the purpose aforesaid; and the said corpo- 
ration, after openinfr the ground in such streets, lanes or 
hio'hways, shall be held to put the same auain inio repair, 
under the penalty of being prosecuted for a nuisance : pro- Provided, &c. 
vided, tiiat 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, wliich may in 
any manner affect the health, safety or convenience of the 
inhabitants of said town. 

Sect. 4. No shares in the capital stock of said corpora- shares ji^t to 
tion shall be issued for a less sum or amount, to be actually par" 
paid in, on each share, than the par value of the shares 
which shall first be issued. [Approved by the Governor, 
February 6, 1854.] 

An Act in addition to an Act to incorporate the Conway Mutual Fire Chap. 10. 
Insurance Company. 

Beit e'lacted by the Senate and House of Representa- 
tives, in General Court (Assembled, and by the authority of 
the same, as follows : 

Sect. 1. On receiving from the subscribers thereto a Guarnntee cap- 
guarantee capital of fifty thousand dollars, which shall be ^^^^°^^^^'°°*'- 
paid in within two years from the passage of this act, the 
Conway Mutual Fire Insurance Company, established at 
Conway, may make insurance against fire and against mari- May insure 
time losses, otherwise than on the mutual principle ; with and maritime 
all the powers and privileges, and subject to all the duties, losses, 
liabilities and restrictions set forth in the thirty-seventh ti"s,'&c. 
chapter of the Revised Statutes, and in all subsequent acts 
relating to insurance companies. 

Sect. 2. Said company may increase its guarantee capital Guarantee 
to an amount not exceeding one hundred thousand dollars, gxpeedin°* 
at any time within three years from the passage of this act, §100,000? and 
and may hold real estate not exceeding in value twenty 020,000!*^' 
thousand dollars, excepting such as may be taken for debt, 
or held as collateral security for money due said company. 
[Approved by the Governor, February 6, 1854.] 



8 1854.— Chapters 11, 12. 

Chap. 11. An Act concerning the Militia. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Cavalry, &c., Sect. 1. Whenever any company of cavalry, or any 
^l\o brigades Company now formed, or which may be hereafter formed, 
in certain ca- under tlic scvcnth scction of the one hundred and seventy- 
fourth chapter of the statutes, passed in the year eighteen 
hundred and fifty-three, shall be so located that the same 
cannot be organized into battalions of their respective arm, 
they may be attached to such brigades as the commander- 
in-chief may order. 
Entitled to cer- Sect. 2. Each and every company aforesaid, which may 
taino cers. |)e SO attached to any brigade, as aforesaid, shall be enti- 
tled, so long as it remains so attached, to an adjutant, with 
the rank of lieutenant, and one surgeon, to be appointed by 
the commanding ofl&cer of said companies respectively, and 
commissioned by the commander-in-chief, and to hold their 
commissions respectively as other stafiF-oflacers now do, or 
until the companies to which they may be respectively at- 
tached, may be organized into battalions or regiments of the 
Provided. same arm : provided, however, that any adjutant, so appoint- 
ed and commissioned, shall not be entitled to receive the 
compensation, as provided in section one hundred and twen- 
ty-three of the twelfth chapter of the Revised Statutes. 
Inconsistent Sect. 3. All provisions of law inconsistent with the 
acts repealed, provisions of tliis act, are hereby repealed. 

Sect. 4. This act shall take effect from and after its 
passage. [^Approved by the Governor, February 7, 1854.] 

py 1 An Act relating to the obtaining of Property by False Pretences. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authoi'ity of 
the same, as follows : 

Ch. 126, see.32, Sect. 1. The provisions of the thirty-second section of 
R. s.nottoap- chapter one hundred and twenty-six of the Revised Statutes, 

T)lv in CGrtuin j. «/ * 

cases. shall not apply to any person for obtaining by way of pur- 

chase from another, goods, wares, merchandise, or other 
property, by means of any false pretence relating to such 
purchaser's means or ability to pay, when by the terms of 
such purchase, payment for the same is not to be made upon 
or before the delivery of the property so obtained, unless 
such pretence shall be made in writing, and signed by the 
party to be charged. 



1854— Chapters 13, 14. 9 

Sect. 2. This act shall have no effect upon any indict- when to take 
ment now pendinsr, or in cases in which goods, wares and ^ 
merchandise, or other property, have been or shall be ob- 
tained before this act goes into operation. ^Approved by 
the Governor, February 8, 1854.] 

An Act to incorporate the S. P. Ruggles Power Press Manufacturing QJiap^ 13, 

Company. ^ ' 

Be it enacted by the Senate and House of Representatives, 

in General Court assembled, and by the authority of the 

same, as folloivs : 

Sect. 1. Stephen P. Ruggles, John M. Fessenden, Fred- Corporators. 
erick 0. Prince, their associates and successors, are hereby 
made a manufacturing corporation, by the name of the 
S. P. Ruggles Power Press Manufacturing Company, for 
the purpose of manufacturing printing presses and other rurpose. 
machinery in the city of Boston, in the county of Suffolk ; 
and for this purpose, shall have all the powers and privi- rowers.duties, 
leges, and be subject to all the duties, restrictions and *"• 
liabilities, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 

Sect. 2. The said corporation may hold, for the purpose Real estate 
aforesaid, real estate to the amount of one hundred thou- |ho*ie wpitai 
sand dollars ; and the whole capital stock of said corpora- not to exceed 
tion shall not exceed the amount of five hundred thousand ^^ ' 
dollars. 

Sect. 3. No shares in the capital stock of said company no shares to 
shall be issued, for a less sum or amount, to be actually bejssued under 
paid in on each share, than the par value of the shares 
which shall be first issued. 

Sect. 4. This act shall take effect from and after its 
passage. \^Approved by the Governor, February 8, 1854.] 

An Act to incorporate the Cutting Machine Manufacturing Company. Qhcij), 14. 

Be it enacted by the Se7iate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. S. C. Demerest, Edward Richmond, and Fred- Corporators, 
erick 0. Prince, their associates and successors, are hereby 
made a manufacturing corporation, by the name of the 
Cutting Machine Manufacturing Company, for the purpose Purpose. 
of manufacturing rotary cutters for cutting metallic and 
other substances, in the city of Boston, in the county of 
2 



10 1854.— Chapter 15. 

Powers, duties, SuflFolk ; and for this purpose, shall have all the povT-ers 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. 
Real estate, Sect. 2. The said corporation may hold, for the purpose 
whole capital, aforesaid, real estate, to the amount of one hundred thou- 
^500,000. sand dollars ; and the whole capital stock of said corpora- 
tion shall not exceed the amount of five hundred thousand 

dollars. 
No shares to Sect. 3. No shares in the capital stock of said company 
^eissue un er g|^g^|j jjg iggued for a Icss sum or amount, to be actually paid 

in on each, than the par value of the shares which shall be 

first issued. 

Sect. 4. This act shall take efi'ect from and after its 

passage. [Approved by the Governor, February 8, 1854.] 

Chnn 1 ^ ■^^ ^^^ ^^ incorporate the Lawrence Carpet Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Corporators. Sect. 1. Gcorge Adams, John Rayner, Thomas Crossley, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Lawrence Carpet Company, for 
Purpose. the purpose of manufacturing carpets and other woollen 
goods, in the city of Boston and city of Lawrence ; with all 
Powers, duties, the powcrs and privileges, and subject to all the duties, 
*•=• liabilities and restrictions, set forth in the thirty-eighth and 

forty-fourth chapters of the Revised Statutes. 

Real estate, Sect. 2. The Said Corporation may, for the purposes 

whoie^crpitai ^foresaid, hold real estate to the amount of one hundred 

§600,000. ' and fifty thousand dollars ; and the capital stock of said 

corporation shall not exceed six hundred thousand dollars. 

No shares to Sect. 3. No sharcs in the capital stock of said corpora- 

beissue un er ^.^^^ ^^^^^ j^^ issued for a Icss suin or amount, to be actually 

paid in on each, than the par value of the shares first 

issued. 

Sect. 4. This act shall take effect from and after its 
passage. [Approved by the Governor, February 9, 1854.] 



1854.— Chapter 16. 11 

An Act in addition to an Act to establish the City of Lynn. Chap. 1 6. 

Be it efiacted by the Seriate arid House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The election of city and ward officers shall J5^™%-[/'^'^*d 
take place on the second Monday of December of each ward oifirers, 
year; and the municipal year shall commence on the first *^ '^"^^ ' 
Monday of January next following ; at which tioie the city 
government shall be organized. This change shall take 
eflfect on the second Monday of December, 1854, and the 
term of office of the officers elected on the second Monday 
of March, 1854, shall expire on the first Monday of Jan- 
uary, 1855. 

Sect. 2. The common council shall consist of twenty-two Commoncoun- 
. -, •' cil. 

members, and no more. 

Sect. 3. The board of assessors shall consist of three Assessors and 
persons, to be selected from the city at large ; and shall be chosen. ' 
elected by the qualified voters, at their annual meetings, 
held in their respective wards ; and the said voters of each 
ward shall, at the same time, elect by ballot, one person 
residing in their said ward, as an assistant assessor to aid 
said board in the valuation of property in their respective 
wards. 

Sect. 4. The qualified voters of each ward, at their re- School com- 
spective annual ward meetings, shall elect by ballot, one ^nstUuteT 
person residing in their said ward, to be a member of the ^nd chosen, 
school committee ; and shall also cast their ballots for five 
persons from the city at large, to be members of the school 
committee ; and the persons thus chosen, together with the 
mayor and president of the common council, shall consti- 
tute the school committee of the city. 

Sect. 5. The lists of jurors, in the city of Lynn, shall J^^^^^j^^^"*^ f^, 
be prepared by the mayor and aldermen of the city, in the pare lists of 
same manner as is required in the ninety-fifth chapter of J^'^'°^^' *"• 
the Revised Statutes, to be drawn by the selectmen within 
and for their respective towns ; and the said lists, when 
prepared by the mayor and aldermen, shall be submitted to 
the common council, for concurrent revision or amendment. 

Sect. 6. The said mayor and aldermen, and the clerk of Jurors, how 
the city of Lynn, shall severally have and exercise all the <^'^^^°- 
powers and duties, as to the drawing of jurors in the city 
of Lynn, and all other matters relating to jurors therein, 
which are, in the ninety-fifth chapter of the Revised Statutes, 
required to be performed by the selectmen and town clerks, 



12 



1854.— Chapter 17. 



Venires for 
jurors, how 
served. 



Inconsistent 
acts repealed. 



When to take 
effect. 



in their respective towns : and all venires for jurors, to be 
returned from Lynn, shall be served on said mayor and 
aldermen. 

Sect. 7. All acts and parts of acts, in relation to said 
city, which are inconsistent with the provisions of this act, 
are hereby repealed. 

Sect. 8. This act shall not go into operation until a 
majority of the citizens, voting thereon by yea and nay, and 
by ballot, shall accept the same, at meetings held simulta- 
neously in the several wards, upon notice duly given, at 
least seven days before the time of said meetings, and 
within sixty days after the passage of this act ; at which 
meetings the polls shall be kept open, at least sis hours, 
and the check lists shall be used as at the election of state 
and city officers ; and, if this act shall be so accepted, it 
shall take effect from and after its acceptance, as aforesaid. 
[Approved by the Governor, February 9, 1854.] 



Chap. 



1 >y An Act relating to Commissioners to take Depositions and Acknowledg- 
ments in other States. 



Number lim- 
ited ; to hold 
office three 
years. 



To be sworn, 
&c. 



Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The governor shall not appoint commissioners 
exceeding ten in number, in any one city or county, under 
the provisions of section fifty-three of chapter thirteen of the 
Revised Statutes ; and all such commissioners hereafter ap- 
pointed shall be commissioned to hold office for the term of 
three years, unless sooner removed, at the pleasure of the 
governor. 

Sect. 2. Every commissioner so appointed shall, before 
the expiration of three months from the date of his appoint- 
ment, take and subscribe an oath or affirmation before a 
justice of the peace, or some other magistrate of the city 
or county where he resides, well and faithfully to execute 
and perform all the duties of such commissioner, which oath 
or affirmation shall be forthwith filed in the office of the 
anT^sT<niature^ Secretary of this Commonwealth, and every such commis- 
with secretary! sioncr shall also, withiu the time aforesaid, cause to be 
prepared an official seal, in which shall be designated his 
name, and the words " Commissioner for Massachusetts," 
together with the name ot the state or territory, and city 
or county, where he resides, and for which he shall have 
been appointed, and he shall transmit an impression of such 



To file an ira 



1854.— Chapter 18. 13 

seal, witli liis signature, to the office of the secretary of this 
Commonwealth, and cause the same to be filed therein. 

Sect. 3. No commissioner appointed as aforesaid, shall 
exercise any of the powers conferred upon him by virtue of 
such appointment, at any place other than the city or county 
in which he shall reside at the time of his appointment. 

Sect. 4. It shall be the duty of the secretary of this Secretary of 
Commonwealth to prepare instructions and a set of forms, to^^pai^and 
in conformity with the laws of this Commonwealth, to for- forward in- 
ward the same, as soon as may be after the passage of this 
act, together with a copy of this act, to every person who 
shall be appointed a commissioner as aforesaid, and to all 
persons who now hold commissions under the aforesaid 
provisions of the Revised Statutes. 

Sect. 5. The provisions of this act shall apply to all This act shall 
persons now holding commissions from the governor of this ^^^ ^'' 
Commonwealth, under the provisions of the Revised Stat- 
utes aforesaid, and the authority of all said commissioners 
heretofore appointed, shall cease and be revoked at the end 
of three years from the passage of this act ; and such com- 
missioners shall comply with the provisions of this act 
within three months from the day of its passage. [Appi^oved 
by the Govej^nor, Fehruarij 10, 1854.] 

An Act to incorporate the Norfolk Mills. CIlClp. 18. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. George W. Martin, Eliphalet Baker, William Corporators. 
Coughlen, their associates and successors, are hereby made 
a corporation, by the name of the Norfolk Mills, for the 
purpose of manufacturing woollen, cotten, linen, and silk Purpose, 
goods, or any of them, in the city of Roxbury, in the county 
of Norfolk ; with all the powers and privileges, and subject Powers.duties, 
to all the duties, restrictions and liabilities, set forth in the ^^' 
thirty-eighth and forty-fourth chapters of the Revised 
Statutes. 

Sect. 2. The said corporation may hold, for the pur- Keai estate, 
poses aforesaid, real estate to the amount of one hundred ;vhoie capital, 
thousand dollars ; and the whole capital stock of said cor- ^300,ooo. 
poration shall not exceed the amount of three hundred 
thousand dollars. 

Sect. 3. No shares in the capital stock of said company No shares to 
shall' be issued for a less sum or amount, to be actually paid derp^T 



14 1854.— Chapter 19. 

in on each, than the par value of the shares which shall be 
first issued. 

Sect. 4. This act shall take eflfect from and after its 
passage. [Approved by the Governor, February 10, 1854.] 

Chan 19 ^^ ^^^ ^^ incorporate the Nantucket Gas Light Company. 

Be it enacted by the SeJiate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Corporitor.=. Sect. 1. Justin Lawreucc, Charles B. Swain and Na- 
thaniel A. SpraLi;ue, their associates and successors, are 
hereby made a corporation, by the name of the Nantucket 
Gas Light Company, for the purpose of making and selling 
gas in the town of Nantucket; with all the powers and 
D iHes liabiii- P'"i^'il6ges, and subject to all the duties, restrictions and 
tLs, &c. liabilities, set forth in the thirty-eighth and forty-fourth 

chapters of the Revised Statutes. 
P^pj^^j Sect. 2. The capital stock of said company shall not 

550,010', exceed fifty thousand dollars ; and said corporation may 

525,000!*^^' liold real estate, not exceeding in value twenty-five thou- 
sand dollars. 
Shares not to Sect. 3. No sharcs in the capital stock of said company 
be issued un- shall be issucd 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 open the Sect. 4. Said corporation, with the consent of the 
ground lay selectmen of the town of Nantucket, shall have power and 

131D6S &C> 

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 neces- 
sary to sink, for the purpose aforesaid ; and the said corpo- 
ration, after opening the ground in said streets, lanes, and 
highways, shall be held to put the same into repair, under 
Provided. penalty of being prosecuted for a nuisance : provided, that 
the said selectmen for the time being shall, at all times, 
have power to regulate, restrict and control all the acts 
and doings of said corporation, which may in any manner 
affect the health, safety and convenience of the inhabitants 
of said town. 

Sect. 5. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, February 16, 1854.] 



1854.— Chapters 20, 21. 15 

An Act in addition to an Act to incorporate the Eagle Fire Insurance Chcin. 20. 

Company. "' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. On receiving from the subscribers thereto a Guarantee 
guarantee capital of one hundred thousand dollars, which shall eYoo})oa 
be paid within two years from the passage of this act, the 
Eagle Fire Insurance Company, established at Boston, may 
make insurance against fire and against maritime losses, May insure 
otherwise than on the mutual principle ; with all the powers and'maritime 
and privileges, and subject to all the duties, liabilities and losses, 
restrictions, set forth in the thirty-seventh chapter of the ^ ^^^' 
Revised Statutes, and in all subsequent acts relating to 
insurance companies. 

Sect. 2. Said company may increase its guarantee cap- May increase 
ital to an amount not exceeding two hundred thousand crpitXand 
dollars, at any time within three years from the passage of hold real estate 
this act ; and may hold real estate, not exceeding in value ^^'^^p'^^"^. 
forty thousand dollars, excepting such as may be taken for 
debt, or held as collateral security, for money due to said 
company. [Approved by the Governor, February 16, 1854.] 

An Act to incorporate the Salisbury and Ainesbury Gas Light Company. QhaV 21 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. James Babson, David French, and David Corporators. 
Batchelder, their associates and successors, are hereby 
made a corporation, by the name of the Salisbury and 
Amesbary Gas Liiiht Company, for the purpose of manu- 
facturing and selling gas in the towns of Salisbury and 
Amesbury, with all the powers and privileges, and subject 
to all the duties, restrictions and liabilities, set forth in Duties, liabiii- 
the thirty-eighth and forty-fourth chapters of the Revised ^'*^''' '^' 
Statutes. 

Sect. 2. Said corporation may, for the purpose afore- Real estate, 
said, hold real estate not exceeding in value twenty thou- f^^p}"^!*^' 
sand dollars, and the whole capital stock shall not exceed ^63,ojo. 
sixty thousand dollars. 

Sect. 3. Said corporation, with the consent of the select- May open the 
men of the towns of Salisbury and Amesbury, shall have ^[p^^'^^'^^g''^ 
the power and authority to open the grounds in any part of 
the streets, lanes and highways in said towns, for the pur- 



16 1854.~Chapteii 22. 

pose of sinking and repairing such pipes and conductors as 
it may be necessary to sink for the purpose aforesaid; 
and the said corporation, after opening the grounds in such 
streets, lanes or highways, shall be held to put the same 
again into repair, under the penalty of being prosecuted for 
rrovided. a nuisancc : provided, however, that 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 corpo- 
ration, "which may in any manner affect the health, safety, or 
convenience of the inhabitants of said towns. 
Shares not to Sect. 4. No shares in the capital stock of said corpora- 
derpar. tiOH shall be issucd for a less sum or amount, to be actually 

paid in on each share, than the par value of the shares 
which shall be first issued. {^Approved hy the Governor, 
February 16, 1854.] 

Chan 22 ^^ ^^^ '•^ incorporate the Atlas Fire and Marine Insurance Company. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Corporators. Sect. 1. Asahel Huntington, Benjamin F. Brown, Otis 
P. Lord, their associates and successors, are hereby made a 
corporation, for the term of twenty years from the passage 
of this act, by the name of the Atlas Fire and Marine In- 
surance Company, to be established in the city of Salem, for 
Purpose. the purpose of making insurance against losses by fire, and 
Powers,duties, against maritim'e losses ; with all the powers and privileges, 
la 1 1 les, lc. ^^^i g^ijJQgj. ^Q g^]j ^j^g duties, liabilities and restrictions, set 
forth in the thirty-seventh and forty-fourth chapters of the 
Revised Statutes, and all other general laws which are 
now, or may hereafter be, in force relative to insurance 
companies. 
Capital stock Sect. 2. The said corporation shall have a capital stock 
' ' of fifty thousand dollars, divided into shares of one hundred 

May increase dollars cach, with liberty to increase the same to any 
real estate not amouut uot exceeding three hundred thousand dollars ; and 
to exceed niay hold real estate, for its use, not exceeding twenty thou- 

sand dollars. 
Subject to act Sect. 3. Said compauy may do business in accordance 
ofib5i,ch.28i. .^jth the provisions of the two hundred and eighty-first 
chapter of the acts of the year one thousand eight hundred 
and fifty-one ; and shall possess the power of determining, 
by its by-laws, the manner of making and apportioning divi- 
dends to its members and stockholders. 



1854.— Chapters 23, 24. 17 

Sect. 4. This act shall take effect from and after its 
passage. [Appi^oved by the Governor, February 16, 1854.] 



An Act relating to the Transportation of Baggage on Railroads. Chap. 23. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

It shall be the duty of all railroad corporations in this Checks for 
Commonwealth to give checks, when requested to do so, to be"|ben. 
passengers, for the baggage of such passengers when deliv- 
ered for transportation, and such baggage shall be delivered 
to such passengers upon the surrender of such checks ; and 
any such corporation refusing to comply with the require- 
ments of this Act, shall forfeit the sum of ten dollars for 
each offence. [Approved by the Governor, February 18, 
1854.] 

An Act concerning the Adoption of Children, and the Change of Name of ChttD. 24. 

Persons. "' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the saine, as follows : 

When any inhabitant of this Commonwealth shall petition Judge of pro- 
the judge of probate for leave to adopt a child, not his or certijjca'te^s'^&c 
her own, by birth, according to the provisions of the three 
hundred and twenty-fourth chapter of the acts passed in the 
year eighteen hundred and fifty-one, the person so petition- 
ing, may, at the same time, apply for a change of name of 
such child, according to the provisions of the two himdred 
and fifty-sixth chapter of the acts of the year eighteen hun- 
dred and fifty-one ; and if the judge of probate shall decree 
that such adoption shall take effect, he may pass the decree 
changing the name of such child, and grant the certificate 
provided for in said two hundred and fifty-sixth chapter of 
the acts passed in the year eighteen hundred and fifty-one, 
without requiring public notice to be given of such applica- 
tion, or of the change decreed. [Approved by the Gov- 
ernor, February ^0, 1854.] 



18 1854— Chapters 25, 26. 

An Act to incorporate the Metropolitan Hotel Company. 

^' ■ Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Ealph W. Holman, Samuel S. Pierce, and Eben 
orpora ors. Qut,ler, tlieir associates and successors, are hereby made a 
corporation, by the name of the Proprietors of the Metro- 
ton! ^^ politan Hotel Company, for the purpose of erecting a hotel 
in the city of Boston, and maintaining such public house, 
and the buildings and improvements connected therewith ; 
and for these purposes shall have all the powers and privi- 
biiiUes^&c.^^^' leges, and be subject to all the duties, restrictions and lia- 
bilities, set forth in the thirty-eighth and forty-fourth 
Proviso. chapters of the Revised Statutes : provided, however, that 

said corporation shall not carry on the business of hotel- 
keeping. 
Capital not to Sect. 2. The wholc amount of capital stock which said 
11^000,000. corporation may hold for the purposes aforesaid shall not 
exceed one million dollars in value : provided, that no 
No shares to share s in the capital stock of said corporation shall be 

be issued un- . -if. ^ i.i.n • ^ - 

der par. issucd lor a Icss sum or amount, to be actually paid m on 

each, than the par value of tlie shares which shall be first 
issued. 
When to take Sect. 3. This act shall not take effect until five hundred 
^ ^'^^' thousand dollars of the capital stock shall have been sub- 

scribed by responsible parties, and the sum of one hundred 
thousand dollars shall have been paid into the treasury of 
said company. [Approved by the Govertior, February 21, 
1854.] 

Chd]). 26. An Act to incorporate the Boston Mutual Fire Insurance Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Benjamin B. Mussey, Thomas Thacher, James G. Hovey, 
of Boston, in the coimty of Suffolk, their associates and 
successors, arc hereby made a corporation, by the name of 
the Boston Mutual Fire Insurance Company, to be estab- 
Term of twen- lished iu Bostou, aforcsaid, for the term of twenty-eight 
Piirp^se.^^^"^^' years, for the purpose of insuring buildings, stock in trade, 
and all other kinds of personal property, on the mutual 
Duties, liabiii- principle ; witli all the privileges, and subject to all the 
ties, &c. duties, restrictions and liabilities, set forth in the thirty- 

seventh and forty-fourth chapters of the Revised Statutes, 



1854— Chapters 27, 28, 29. 19 

and in the seventeenth chapter of the acts passed in the 
year one thousand eight hundred and fort3'-five, and in all 
other general laws of the Commonwealth relating to such 
corporations. [Approved bij the Governor, Fehriiary 21, 
1854.] 

An Act to authorize the Suffolk Savings Bank for Seamen and others, to QJkijj 27 
hold Real Estate. ^ ' 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows: 

Sect. 1. The Suffolk Savings Bank for Seamen and oth- May hold real 
ers is hereby authorized to hold real estate to the amount ^s*^^^- 
of seventy-five thousand dollars : provided, however, that no Proviso, 
part of said amount shall be invested in real estate, except 
in the purchase of a suitable site, and the erection or pre- 
paration of a suitable building to be used for the banking 
purposes of said corporation. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, February 22, 1854.] 



An Act to change the name of the Neck Village Baptist Society, of (Jhai). 28. 
Charlestown, and for other purposes. ■* * 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The corporate name of the Neck Village Bap- ^ame changed 
tist Society, in Charlestown, is hereby changed ; and said 
society shall, hereafter, be called and known, by the name 
of the Perkins Street Baptist Society in Somerville ; and 
the conveyance of a parcel of land, situated in Somerville, conveyance of 
made to said society, by Daniel Tufts, on the first day of la""! confirm- 
October, in the year eighteen hundred and fifty-three, is 
hereby confirmed to said society under its new name. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, February 22, 1854.]^ 

An Act to change the Name and increase the Capital Stock of the Cape Chan 29 
Cod Branch Railroad Company. ' jJ' "^ • 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The corporation established by the name of xame changed 
the Cape Cod Branch Railroad Company shall hereafter be 



20 1854.— Chapters 30, 31. 

known by the name of tlie Cape Cod Railroad Company, 

and by that name it may sue and be sued, and its rights and 

obligations shall remain the same as if its name had not 

been changed. 
May increase Sect. 2. Said Corporation is hereby authorized to in- 
SW 000 ^^ crease its capital stock by the sum of sixty thousand dollars, 

to be divided into shares of sixty dollars each, and no 
No shares to sharcs shall be issued for a less sum or amount, to be actu- 
be issued un- qI\j ^Q^id in on each, than the par value of the shares first 

issued. 

Sect. 3. This act shall take efi'ect from and after its 

passage. [Approved by the Governor, February 22, 1854.] 

ChaV. 30. ^^ ^^^ ^° increase the capital stock of the Suffolk County Mills. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloius : 

Additional The Suffolk County Mills are hereby authorized to in- 

SK)0^o6o. crease their capital, by adding thereto a sura not exceeding 
Invest in real One hundred thousand dollars ; and to invest such portion 
^'ut^^'^"^^^ thereof in real and personal estate, as may be necessary 
and convenient for the purposes for which they were incor- 
ProTiso. porated : provided, however, that no shares in the capital 

stock, hereby authorized, shall be issued for a less sum or 
amount, to be actually paid in on each share, than the par 
value of the shares, in the original capital stock of said cor- 
poration. [Approved by the Governor, February 24, 
1854.] 

Chan SI An Act in addition to an Act to incorporate the Mystic River Railroad. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Location. Sect. 1. The Mystic River Railroad are hereby em- 

powered, in addition to the authority given them iDy the 
act to establish said corporation, to locate, construct, and 
maintain their railroad, from some convenient point on 
the Boston and Maine Railroad, between the crossings of 
said Boston and Maine Railroad, by the Eastern Railroad, 
south of Cambridge Street, and Prison Point Bridge in 
Charlestown ; thence north-easterly by a curved and straight 
line across Main Street, northerly of the junction of Med- 
ford and Bunker Hill Streets with said Main Street, and 



1854.— Chapters 32, 33. 21 

soutlierly of the main part of Johnson's Wharf, to the land 
or flats of George W. Gerrish and others, described in the 
original Act of May twenty-fifth, eighteen hundred and fifty- 
» three, to which this is in addition: provided, how eve?^, no ^^°'''^^°- 
engine-house shall be located north-easterly of Main Street, 
by said corporation, without the approval of the mayor and 
aldermen of the city of Charlestown ; and provided, also, Provided, also, 
that the rate of speed of the engines and cars on said rail- 
road, in crossing the streets of Charlestown, may at any 
time be regulated by the mayor and aldermen of said citji 
of Charlestown; and joromc^ec?, further, that all the grants Provided, fur- 
herein contained, are on the same conditions as are pro- 
vided in section second of the Act to incorporate the Mys- 
tic River Railroad, being chapter four hundred and fifteen 
of the acts of the year one thousand eight hundred and 
fifty-three. 

Sect. 2. The location of the part of said railroad au- Filing of loca- 
thorized by this act shall be filed within two years, and the pieUon! *^°"^' 
same shall be completed within three years from the pas- 
sage of this act. [^Approved by the Governor, February 
24, 1854.] 

An Act to extend the time for locating and constructing the Amherst and Chan. 32. 

Belchertown Railroad. ■* ' 

• 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, a?id by the authority of 
the same, as folloivs : 

The times allowed to the Amherst and Belchertown Rail- Time extended 
road Company, for locating and constructing its railroad, 
are hereby respectively extended two years beyond the 
periods now fixed by law, for the locating and constructing 
thereof. [Approved by the Governor, February 24:, 1854.] 

An Act to incorporate the Taunton Iron Works Company. Chap. 33. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. William L. Hathaway, Thomas R. Drake, and Corporators. 
H. B. Wetherell, their associates and successors, are hereby 
made a corporation, by the name of the Taunton Iron 
Works Company, for the purpose of making and manufac- Purpose, 
turing iron, and other articles of which iron is a material, 
jin the town of Taunton, in the county of Bristol, with all 



22 



1854.— Chapter 34. 



Duties, liabiii- the powers and privileges, and subject to all the duties, re- 
ties,&c. strictioDS and liabilities, set forth in the thirty-eighth and 

forty-fourth chapters of the Revised Statutes. 

Sect. 2. Said corporation may hold, for the purposes 
aforesaid, real estate to the amount of eighty thousand dol- 
lars, and the whole capital stock shall not exceed the sum 
of two hundred and fifty thousand dollars. 

Sect. 3. No shares in the capital stock of said corpora- 
tion, shall be issued for a less sum in amount, to be actually 
^aid in on each, than the par value of the shares which 
shall be first issued. [Approved by the Governor, Febru- 
ary 24, 1854.] 



Real estate, 
580,000 ; 
whole capital, 
g250,000. 



No shares to 
be issued un- 
der par. 



Court estab- 
lished. 



Power, duty, 
&c. 



Chan. 34. -^^ ^^^ ^'^ establish a Police Court in the Town of Haverhill. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the atitlwrity of 
tJte same, as follows : 

Sect. 1. A Police Court is hereby established in the 
town of Haverhill, to consist of one competent and discreet 
person, to be appointed and commissioned by the governor, 
pursuant to the constitution, as standing justice. 

Sect. 2. The said court shall have original and exclu- 
sive jurisdiction over all crimes, offences, and misdemeanors, 
committed within said town of Haverhill, whereof justices 
of the peace now have or may have jurisdiction ; also, of 
all suits and actions which may now, or at any time here- 
after, be heard, tried, and determined, before any justice of 
the peace in the county of Essex, whenever all the parties 
shall reside in Haverhill, and service of the writ is had on 
the defendant in said county. 

The said court shall have original and concurrent juris- 
diction, with justices of the peace in said county of Essex, 
over all crimes, offences, and misdemeanors, whereof jus- 
tices of the peace within the county of Essex, now have, or 
may have, jurisdiction; also, of all suits and actions within 
the jurisdiction of any justice of the peace within the county 
of Essex. 

Sect. 3. An appeal shall be allowed from all judgments 
of said police court, in like manner, and to the same ex- 
tent, that appeals are now allowed by law from judgments 
of justices of the peace ; and the justice of said police 
court shall not bo of counsel to any party in any causQ 
which may be pending in said court. 



Jurisdiction. 



Appeal allow- 
ed. 



1854.— Chapter 34. 23 

Sect. 4. All fines and forfeitures, and all costs in crim- Fines, costs, 
inal prosecutions, which shall be received by, or paid into posed o7. '^" 
the hands of the justice of said court, shall be by him 
accounted for, and paid over to the same persons, in the 
same manner, and under the same penalties, as are by law 
prescribed in the case of justices of the peace. 

All costs in such prosecutions, not thus received, shall be 
made up, taxed, certified and allowed, and shall be paid in 
like manner as is provided by law in cases of justices of 
the peace. 

Sect. 5. The justice of said court shall retain to his Compensation 
own use, all fees by him received, or which now accrue to ^ ' ' 
justices of the peace, in civil actions and criminal prosecu- 
tions, in full compensation for all services assigned to him 
by the provisions of this Act : provided^ that he shall not 
retain for his services in criminal prosecutions, a sum ex- 
ceeding three hundred dollars annually, but shall pay over 
to the county treasurer all fees received by him in criminal 
prosecutions over and above that sum. 

Sect. 6. A court shall be held by said justice, at some Court how of- 
suitable ^lace in said town of Haverhill, to be provided at ^^"^ to be held, 
the expense of said town, on two several days of each 
week, at nine of the clock in the forenoon, and as much 
oftener as may be necessary, to take cognizance of crimes, 
ofi"ences, and misdemeanors, and, on two several days in 
each month, to be appointed and made known by said jus- 
tice, for the trial of civil suits and actions. The justice of 
said court may adjourn said court, as justices of the peace 
may now adjourn the same hearings, or trials, and he shall, 
from time to time, establish all necessary rules for the or- 
derly and uniform transaction of the business thereof. 

Sect. 7. The justice of said court shall keep a fair shall keep a 
record of all proceedings in said court, and shall make re- make^return° 
turn to the several courts of all legal processes, and of his 
doings therein, in the same manner as justices of the peace 
are now by law required to do ; and he shall also, annually, 
in the month of January, exhibit to the selectmen of said 
town of Haverhill, a true and faithful statement of moneys 
actually received by him as fees, and all charges and fees 
which are outstanding and claimed to be due to him at the 
date of such exhibit. 

Sect. 8. There shall be appointed by the governor, by One special 
and with the advice and consent of the council, one special J^^*^^^- 
justice of said court, who shall have power, in case of the 
absence, sickness, interest, or any other disability, of the 



24 



1854.— Chajter 35. 



standing justice, to issue the processes of said court, to 
hear and determine any matter or cause pending, and to 
exercise all the powers of the standing justice, until such 
Compensation, disability be removed. The said special justice shall be 
paid for the services by him performed, out of the fees re- 
ceived in said court, such sum as the standing justice would 
be entitled to for the same services. 

Sect. 9. All suits, actions and prosecutions, which shall 
be pending within the said town of Haverhill, before any 
justice of the peace, when this act shall take effect, shall be 
heard and determined as though this act had not passed. 

Sect. 10. The governor shall have power, by and with 
the advice and consent of the council, to appoint said stand- 
ing and special justice, at any time after the passage of this 
act. 

Sect. 11. This act shall not take effect until it has been 
accepted by a vote of the inhabitants of said town, in town 
meeting legally notified for that purpose. [^Approved by 
the Governor, February 25, 1854.] 



Pending suits. 



Appointment 
of justices. 



Act to be ac- 
cepted by the 
town. 



Chap. 35. 



Corporators. 



Duties, liabili- 
ties, &c. 



Real estate, 

S25,000 ; 
whole capital, 
J?50,000. 



May open the 
ground, lay] 
pipes, &c. 



An Act to incorporate the Marblehead Gas Light Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. George Wilson, John Conway, Jr., Gardner 
"Warren, their associates and successors, are hereby made 
a corporation, by the name of the Marblehead Gas Light 
Company, for the purpose of manufacturing and selling gas 
in the town of Marblehead, with all the powers and priv- 
ileges, and subject to all the duties, restrictions, and liabili- 
ties, set forth in the thirty-eighth and forty-fourth chapters 
of the Revised Statutes. 

Sect. 2. Said corporation may, for the purpose afore- 
said, hold real estate, not exceediag in value twenty-five 
thousand dollars ; and the whole capital stock shall not ex- 
ceed fifty thousand dollars. 

Sect. 8. Said corporation, with the consent of the se- 
lectmen of the town of Marblehead, shall have the power 
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 nec- 
essary to sink for the purpose aforesaid. And the said cor- 
poration, after opening the ground in such streets, lanes or 
highways, shall be held to put the same again into repair, 



1854.— Chapters 36, 37. 25 

under tlie 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. 

Sect. 4. No shares in the capital stock of the said cor- No shares to 
poration shall be issued, for a less sum or amount, to be ^er pTr! ^"" 
actually paid in on each share, than the par value of the 
shares which shall first be issued. [Approved by the Gov- 
eriior, February 25, 1854.] 

An Act to increase the Capital Stock of the E. Carver Company. Chcip. 36. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The E. Carver Company is hereby authorized and em- Additional 
powered to increase its capital stock, by adding thereto one |i3o%o. 
hundred and thirty thousand dollars, and to invest such por- 
tion thereof in real estate, to an amount not exceeding To invest 
thirty thousand dollars, as may be necessary and convenient fJJ'i'egtate 
to carry on the business for which said company was incor- 
porated : provided, however, that no shares, in said capital Proviso, 
stock, shall be issued for a less sum or amount, to be actu- 
ally paid in on each, than the par value of the shares first 
issued. [Approved by the Governor, February 25, 1854.] 

An Act to unite the Grand Junction Railroad and Depot Company and Chcip. 37. 
the Union Railroad Company. -^ 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. That the Grand Junction Railroad;fand Depot Railroads 
Company and the Union Railroad Company are hereby con- "°i*^^- 
stitutcd and made one corporation, by the name of The 
Grand Junction Railroad and Depot Company; and all 
the franchises, property, powers and privileges, now en- 
joyed by, and all the restrictions, liabilities and obligations 
imposed upon, said two corporations, by virtue of their re- 
spective charters, shall appertain to said united corpora- 
tion, in the same manner as if the same had been contained 
in or acquired under an original charter, and all contracts Former con- 
and conveyances heretofore made by either of said two ed. 



26 



1854.— Chapters 38, 39. 



corporations, are hereby confirmed and made valid and 
binding upon the corporation hereby constituted. 
Time extended Sect. 2. The time allowed for completing the Union 
Railroad, is hereby extended to the first day of June, in 
the year one thousand eight hundred and fifty-five. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved hy the Governor^ February '2^^,!^^^.'] 



Chap. 38. ^^ ^^^ to Incorporate the Boston Stove Foundry Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Thomas Coggeshall, George B. Hood, and Asa 
Dean, their associates and successors, are hereby made a 
corporation, by the name of the Boston Stove Foundry 
Company, for the purpose of manufacturing stove castings 
from iron, in the town of Somerset and county of Bristol, 
with all the powers and privileges, and subject to all the 
duties, restrictions and liabilities set forth in the thirty- 
eighth and forty-fourth chapters of the Revised Statutes. 

Sect. 2. Said corporation, for the purpose aforesaid, 
may hold real estate not exceeding in value fifty thousand 
dollars, and the whole capital stock of said company shall 
not exceed one hundred thousand dollars. 

Sect. 3. No shares in the capital stock of said corpo- 
ration shall be issued for a less sum or amount, to be actu- 
ally paid in on each share, than the par value of the shares 
which shall be first issued. 

Sect. 4. This act shall take effect from and after its 
passage. [^Approved by the Governor, February 25, 1854.] 



Corporators. 



Purpose. 



Real estate, 
goO.OOO ; 
capital, 
^100,000. 



No shares to 
be issued un- 
der par. 



Chap. 39. An Act concerning the Election of City, Town and County Officers. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 



Certain officers 
how elected. 



Sect. 1. In all elections, hereafter holden, for the choice 
of town, city or county ofiicers, by the people, the person 
receiving the highest number of votes, shall be declared 
elected. 

Sect. 2. Whenever two or more persons are to be elect- 
ed to the same office, the several persons, to the number 
required to be chosen, having the highest number of votes, 
shall be declared elected. 



1854.— Chapters 40, 41. 27 

Sect. 3. All acts and parts of acts, inconsistent here- inconsistent 
with, are hereby repealed. ^'*' repealed. 

Sect. 4. This act shall take eflfect from and after its 
passage. [Approved by the Governor, February 27, 1854] 



An Act to authorize the Provident Institution for Savings in the town of Chap. 40. 
Boston, to hold Real Estate. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. The Provident Institution for Savings, in the To hold real es- 
town of Boston, is hereby authorized to hold real estate, of^Vioo^Joo"^* 
to the amount of one hundred thousand dollars : provided, Proviso.' 
however, that no part of said amount shall be invested in 
real estate, except in the purchase of a suitable site, and 
the erection or preparation of a suitable building, to be 
used for the banking purposes of said corporation. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, February 27, 1854.] 

An Act to incorporate the Athol Reservoir Company. Chan 41 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Lyman W. Hapgood, Theodore Jones, Abra- corporators, 
ham Oaks, their associates and successors, are hereby made 
a corporation by the name of the Athol Reservoir Company, 
for the purpose of constructing, supporting, and occupying a Purpose, 
reservoir of water, by the means of dams in the towns of 
Athol and Phillipston, in the coimty of Worcester, for the 
supply of mills situated on the stream below said reservoir, 
with all the powers and privileges, and subject to all the 
duties, restrictions and liabilities, set forth in the thirty- Duties, Uabiii- 
eighth and forty-fourth chapters of Revised Statutes. ^^®®' *^' 

Sect. 2. Said corporation, for the purposes aforesaid. Real estate, 
may hold real estate to the amount of five thousand dollars. S5,ooo; 
and the whole amount of the capital stock of said company ^io,ooo. 
shall not exceed ten thousand dollars. 

Sect. 3. No shares in the capital stock of said corpora- iN^o shares lo 
tion shall be issued for a less sum or amoimt, to be actually Reissued under 
paid in on each, than the par value of the shares which 
shall first be issued. 



28 1854.— Chapters 4^, 43. 

Compensation Sect. 4. Any person "wliose land is Overflowed or other- 
hovfobtamed. "^isB injured by such dam, may obtain compensation therefor 
in the manner provided in the one hundred and sixteenth 
chapter of the Revised Statutes, and in the several acts in 
addition to and amendment thereof. 
Liability of Sect. 5. The Stockholders of the Athol Reservoir Com- 

stockhoiders. p^^^^ ^^iq]} be jointly and severally, individually, liable for 
all damages that may result to any and all persons in con- 
sequence of the construction of said reservoir, to the same 
extent that individuals would be in like cases. [Approved 
by the Governor, February 27, 1854.] 

Chat) 42 ■^^ "^^^ ^° incorporate the Amherst Savings Bank. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

In Amherst. Ithamar Conkey, John S. Adams, and William Kellogg, 
Jr., their associates and successors, are hereby made a cor- 
poration, by the name of the Amherst Savings Bank, to be 
established and located in the town of Amherst, in the 
county of Hampshire, with all the powers and privileges, 
Duties, liabiii- and subjcct to all the duties, liabilities and restrictions, set 
ties, &c. forth in the thirty-sixth chapter of the Revised Statutes, 

and in all other laws of this Commonwealth, relating to 
institutions for savings. [App7^oved by the Governor, Feb- 
ruary 27, 1854.] 

C'hnn 4-*^ -^^ ^^^ ^° incorporate the Maiden and Melrose Gas Light Company. 

Be it enacted by the Seriate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Corporators, Sect. 1. Henry S. Downs, George Odiorne, Jamess 
Eaton, and Otis Tufts, their associates and successors, are 
hereby made a corporation, by the name of the Maiden and 
Melrose Gas Light Company, for the purpose of making and 
selling gas, in the towns of Maiden and Melrose ; with all 

Duties, liabiii- the powcrs and privileges, and subject to all tlie duties,. 

ties, &c. restrictions and liabilities, set forth in the thirty-eighth and 

forty-fourth chapters of the Revised Statutes. 

Capital, Sect. 2. The capital stock of said company shall not 

^eai'esute excccd the sum of two hundred and fifty thousand dollars ; 

gioo.ooo. and said corporation may hold real estate, not exceeding in. 
value one hundred thousand dollars. 



1854.— Chapter 44. 29 

Sect. 3. No shares in the capital stock of said company No shares to 
shall be issued for a less sum or amount, to be actually paid ^gr**^/*^ ^^' 
in on each, than the par value of the shares which shall be 
first issued. 

Sect. 4, Said corporation, with the consent of the select- May open the 
men of the towns of Maiden and Melrose, respectively, gfound, lay 
shall have power and authority to open the ground, in any 
part of the streets, lanes and highways of said towns, for 
the purpose of sinking and repairing such pipes and con- 
ductors as it may be necessary to sink for the purposes 
aforesaid; and the said corporation, after opening the 
ground in said streets, lanes and highways, shall be held to 
put the same into repair, under the penalty of being pros- 
ecuted for a nuisance : provided, hoioever, that the selectmen Proviso, 
of said towns, respectively, for the time being, shall at all 
times have the power to regulate, restrict and control all 
the acts and doings of said corporation, which may in any 
manner affect the health, safety and convenience of the in- 
habitants of the said towns, respectively. 

Sect. 5. This act shall take effect from and after its 
passage. {^Approved hy the Governor, February 27, 1854.] 

An Act to incorporate the Newton and Watertown Gas Light Company. Qfim). 44. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Joseph W. Stone, Francis Edmond, and Moses Corporators. 
M. Rice, their associates and successors, are hereby made a 
corporation, by the name of the Newton and Watertown 
Gas Light Company, for the purpose of making and selling 
gas, in the towns of Newton and Watertown ; with all the Duties, liabili- 
powers and privileges, and subject to all the duties, restric- ^^^^' ^^' 
tions and liabilities, set forth in the thirty-eighth and forty- 
fourth chapters of the Revised Statutes. 

Sect. 2. The capital stock of said corporation shall not Capital, 
exceed three hundred thousand dollars ; and the said cor- fei'i'^esute, 
poration may hold real estate not exceeding in value one Sioo,ooo. 
hundred thousand dollars. 

Sect. 3. No shares in the capital stock of said com- No shares to 
pany shall be issued for a less sum or amount, to be actually l^g^ par!^ ^^' 
paid in on each, than the par value of the shares which 
shall be first issued. 

Sect. 4. Said corporation, with the consent of the May open the 
.selectmen of the said towns of Newton and Watertown, or p[p^s° &c. *^ 



30 1854.— Chapter 45. 

either of them, shall have power and authority to open the 
ground in any part of the streets, lanes or highways, in said 
towns, for which the right may be granted, 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 corporation, after opening the ground in said 
streets, lanes and highways, shall be held to put the same 
into repair, under the penalty of being prosecuted for a 
Proviso. nuisance : provided, however, that the said selectmen for 

either of said towns, for the time being, shall at all times 
~ have the power to regulate, restrict and control all the acts 
and doings of said corporation, which may in any manner 
aflfect the health, safety and convenience of the inhabitants 
of said towns. 

Sect. 5. This act shall take effect from and after its 
passage. {^Approved by the Governor, February 27, 1854.] 

Chop. 45. ^'^" ^^^ relating to the State Reform School and the State Board of 
-* Agriculture. 

Be it enacted by the Senate arid House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Lands forstate Sect. 1. The trustccs of the State Reform School are 
cuUure. ^"' hereby authorized to place under the charge of the State 
Board of Agriculture, the whole or any part of the lands at 
. "Westborough, owned by the Commonwealth, except such 
portion thereof as may be required for the use of the 
school, for any term not exceeding ten years, and upon such 
conditions as may be agreed upon by the two Boards ; and 
the State Board of Agriculture is hereby authorized to take 
charge of and manage said lands as fully as the said trus- 
tees are now authorized by law to do. 
Appropriation. Sect. 2. For the purposc of permanent improvements 
upon said lands and of agricultural experiments thereon, 
and to defray the ordinary expenses of the same for the 
current year, said Board may, by its secretary, and as the 
same may be required, draw upon the treasurer of the 
Commonwealth, for a sum not exceeding in the aggregate 
six thousand dollars, to be paid from such funds as may be 
Governor to in the treasury ; and the governor is hereby authorized to 
draw warrant, (j^-aw his Warrant upon the treasurer for the sum of six 
thousand dollars, to remain in the treasury, subject to the 
drafts above provided for. 



1854.— Chapters 46, 47. 81 

Sect. 3. The Board of Agriculture shall, in the annual Board of agri- 
report required by law, make a full report of all sums ex- port^annuaUy, 
pended upon said farm for each year that it may be under 
their charge, and of all their doings in relation to said 
premises, and the results thereof. 

Sect. 4. This act shall take effect from and after its pas- 
sage. [Appi'oved by the Governor, February 27, 1854.] 

An Act to extend the time for the construction of the Eastern Railroad. Chcip. 46. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The time allowed to the Eastern Railroad Company, by Time for con- 
the three hundred and sixth chapter of the acts passed in tended. 
the year one thousand eight hundred and fifty-two, to extend 
and construct its railroad, is hereby extended to the first 
day of January, in the year one thousand eight hundred and 
fifty-five. [Approved by the Goveriior, February 27, 1854.] 

An Act to incorporate the Boston Wesleyan Association. ChciV. 47. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Jacob Sleeper, Thomas Patten, Benjamin H. Corporators. 
Barnes, their associates and successors, not exceeding at 
any one time twenty in number, are hereby made a corpora- 
tion by the name of the Boston Wesleyan Association, for 
the purpose of printing and publishing a newspaper in Bos- Purpose, 
ton, with all the powers and privileges, and subject to all 
the duties, liabilities and restrictions, contained in the 
forty-fourth chapter of the Revised Statutes. 

Sect. 2. The said corporation may hold real and per- Real and per- 
sonal property necessary for conducting said business, not noTto^e^ceeP 
exceeding twenty thousand dollars in value, and all profits 520,000. 
which shall accrue from said business over and above said 
capital sum necessary for conducting the same, the said 
corporation shall annually divide and appropriate among 
the several annual conferences of the Methodist Episcopal 
Church in New England, for the benefit of the superannu- Profits how ap- 
ated and necessitous ministers of the same, their wives, P^'opi'^^^ed. 
widows and orphans, in such proportions as said corporation 
shall deem equitable. 



8^ 1854.— Chapters 48, 49, 50. 

First meeting Sect. 3. Any two of the persons named in the first 
ow ca e . ggc^ion of this act, may call the first meeting of said cor- 
poration, by publishing a notice of the time and place of 
meeting, in Zion's Herald, a newspaper published in Boston, 
one week, at least, prior thereto. 

Sect. 4. This act shall take eflFect from and after its pas- 
sage. [Approved by the Governor, February 28, 1854.] 



Chan. 48. An Act concerning the Commercial Mutual Marine Insurance Company, 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the satne, as follows : 

Insure against The Commercial Mutual Marine Insurance Company, in 
OSS y re. ^-^^ ^-^^ ^^ Boston, in addition to its present powers and 
privileges, may make insurance on the mutual principle, 
against losses by fire ; and for this purpose, shall have all 
the powers and privileges, and be subject to all the duties, 
liabilities and restrictions, set forth in the thirty-seventh 
chapter of the Revised Statutes, and in all subsequent acts 
relating to mutual fire insurance companies. [App?'oved by 
the Governor, February 28, 1854.] 

Chap. 49. A" ^^^ ^° increase the Capital Stock of the Maiden Manufacturing 
■^ * Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Additional Sect. 1. The Maiden Manufacturing Company are hereby 

1^3^0*000 authorized to increase their capital stock, by adding thereto 
How' invested, three himdred thousand dollars, and to invest such portion 

thereof in real and personal estate as may be necessary 

and- convenient for carrying on the business for which said 

company was incorporated. 
No shares to Sect. 2. No stock, issucd Under this act, shall be issued 
der imrT ""' foi' ^ l^ss sum than the par value of the original shares. 

[Approved by the Governor, February 28, 1854.] 

Chau. 50. ^^ ^^^ *° incorporate the American Manufacturing Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by tlie authority of 
the same, as folloios : 

Corporators. Sect. 1. James F. WMttcmore, William C. Wright, 
Eufus A. Putnam, Jr., their associates and successors, are 



1854.— Chapters 51, 52. 33 

hereby made a corporation, by the name of the American 
Manufacturing Company, for the purpose of manufacturing Purpose, 
machinery, in the city of Boston; with all the powers and Duties, liabm- 
privileges, and subject to all the duties, restrictions and ^^^^' ^'^' 
liabilities, set forth in the thirty-eighth and forty-fourth 
chapters of the Eevised Statutes. 

Sect. 2. Said corporation mav, for the purposes afore- i^eai estate, 
said, hold real estate, not exceeding in value seventy-five capital, ' 
thousand dollars ; and the whole capital stock of said com- 530o,ooo. 
pany shall not exceed three hundred thousand dollars. 

Sect. 3. No shares in the capital stock of said corpora- No shares to 
tion shall be issued for a less sum or amount, to be actually der par. 
paid in on each, than the par value of tlie shares which 
shall be first issued. 

Sect. 4. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, February 28, 1854.] 

An Act in addition to an Act entitled "An Act to incorporate the Propri- QJkjj) ^1 
etors of Sargent's Wharf, in Boston," passed April ninth, A. D. eighteen -^ " 

hundred and thirty-six, and the Act in addition thereto. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The proprietors of Sargent's Wharf, in Boston, Capital stock, 
are hereby authorized to increase their capital stock to five S^'^^'O^'^- 
hundred thousand dollars. 

Sect. 2. The said corporation is authorized to issue New shares for 
new shares, for the amount of its entire stock, the par value ^^^'^^^ ^*°''^- 
thereof to be one hundred dollars each, and to be divided 
amongst the present shareholders on surrender of their 
certificates, in proportion to the number of shares now held 
by each shareholder. {Approved by the Governor, Feb- 
ruary 28, 1854.] 

An Act to incorporate the Dudley Street Baptist Society in Roxbury. Chop. 5.2. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Eben Jones, Samuel "Walker, and Paul Sears, Corporators. 
Junior, their associates and successors, and proprietors of 
pews in the Dudley Street Baptist Meeting-House in Rox- 
bury, in the county of Norfolk, are hereby made a corpora- 
tion by the name of the Dudley Street Baptist Society in 
5 



34 1854.— Chapters 53, 54. . 

Powers.duties, Roxbuiy ; "With all the powers and privileges, and subject to 
^^' all the duties and liabilities incident to religious societies 

Real and per- in this Commonwealth J with power to hold real and per- 
^S7^5,ooo!^^^' sonal estate to the amount of seventy-five thousand dollars : 
provided, however, the same be appropriated exclusively to 
parochial purposes. 
Deacons to Sect. 2. Thc dcacon^s of the Dudley Street Baptist 

fn^-house, &c. Church in Roxbury, formerly the Calviuistic Baptist Church, 
are hereby authorized and empowered to convey to the said 
Dudley Street Baptist Society the meeting-house in Rox- 
bury, aforesaid, and all the other real estate held by said 
Proviso. deacons for said church : provided, however, the said church 

shall assent to and direct the said conveyance. 

Sect. 3, This act shall take effect from and after its 
passage. {^Approved hy the Governor, March 3, 1854.] 



Chcip. 53. An Act to incorporate the North Brookfield Savings Bank. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Corporators. Amasa Walker, G. B. Deming, Edmund Smith, their asso- 
ciates and successors, are hereby made a corporation, by 
the name of the North Brookfield Savings Bank, to be es- 
tablished and located in the town of North Brookfield; 
Powers, duties, with all the powcrs and privileges, and subject to all the 
<-*^c- duties, liabilities and restrictions, set forth in the thirty-sixth 

chapter of the Revised Statutes, and in all other laws of 
this Commonwealth relating to institutions for savings. 
\App7'oved by the Governor, March 3, 1854.] 



Chav 54. ^^ ^^^ ^° incorporate the Chebacco Branch Railroad Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Corporators. Sect. 1. Ezra Perkins, Jr., David Choate, John Choate, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Chebacco Branch Railroad Com- 
pany, with all the powers and privileges, and subject to all 
Powers, duties, the dutics, restrictions and liabilities, set forth in the forty- 
*''• fourth chapter of the Revised Statutes, and in that part of 

the thirty-ninth chapter of the said statutes relating to rail- 
road corporations, and in all general laws which are now or 
may be hereafter enforced relating to railroad corporations 
in this Commonwealth. 



1854.--CHAPTER 54. 35 

Sect. 2. The said corporation may construct and main- Location, 
tain a railroad, commencing at some convenient point in the 
town of Essex, thence running through the towns of Ips- 
wich, Hamilton, Wenham, and Danvers, or either of said 
towns, to unite with the Danvers and Georgetown Railroad 
at some convenient point in Wenham or Danvers, and with 
authority to cross the Eastern Railroad, and enter upon and 
use the Danvers and Georgetown Railroad, and the Eastern 
Railroad, or any portions of them, according to law. 

Sect. 3. The capital stock of said corporation shall 900 shares, 
consist of nine hundred shares of one hundred dollars each, * ^^^ ' 
and no assessment shall be made thereon of a greater amount 
in the whole than one hundred dollars on each share ; and 
no share in the capital stock of said corporation shall be No shares to 
issued for a less sum or amount, to be actually paid in on der pTr! ^^' 
each, than the par value of the shares which shall be first 
issued ; and the said corporation may purchase and hold 
such real estate, materials, engines and cars, and other 
things, as may be necessary for depots for the use of the 
said road, and for the transportation of persons, goods and 
merchandise. 

Sect. 4. The said Chebacco Branch Railroad Company May contract 
are hereby authorized to lease their railroad to the Dan- porations. ^"^' 
vers and Georgetown Railroad Company, or the Eastern 
Railroad Company, for such term of time as may be agreed 
upon by the parties, or to contract with the said Danvers 
and Georgetown Railroad Company, or the Eastern Rail- 
road Company, to operate the Chebacco Branch Railroad ; 
and the Chebacco Branch Railroad Company also are hereby Way receive 
authorized to receive subscriptions to the capital stock of ^^ scnptions. 
said company, from the said Danvers and Georgetown Rail- 
road Company, or the Eastern Railroad Company, to an 
amount not exceeding thirty thousand dollars : provided, Proviso. 
that the holders of tliree-fourths of the stock of the com- 
pany so subscribing, present and represented at a meeting 
called for that purpose, shall consent to the same. 

Sect. 5. If the location of the said railroad be not filed ^o°''t^[J°t1on'"^ 
according to law within one year, and if the said railroad 
be not constructed within three years from the passage of 
this act, this act shall be void. 

Sect. 6. The legislature may authorize any company to Ufed by an- 

•/ J. ** otiiGrconiD3.ny, 

enter with another railroad upon the said railroad, any 
point thereof, and use the same according to law. 

Sect. 7. This act shall take effect from and after its 
passage. [^Approved by the Governor, March 3, 1854.] 



36 



1854. — Chapter 55. 



Corporators. 



Powers, duties, 
&c. 



Location. 



May use other 
roads. 



Chap. 55. An Act to incorporate the Easton Branch Railroad Company. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Oliver Ames, Oakes Ames, Howard Lothrop, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Easton Branch Railroad 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, and in that part of 
the thirty-ninth chapter of said statutes relating to railroad 
corporations, and in all statutes which have been, or shall 
be hereafter passed, relating to railroad corporations. 

Sect. 2. Said company may construct a railroad, from 
some convenient point on or near the Stoughton Branch 
Railroad, at or near its terminus in Stoughton, thence in a 
southerly direction on the westerly side of the Branch 
Turnpike, so called, to some convenient point in Easton, at 
or near the village of North Easton. 

Sect. 3. Said company is hereby authorized to enter 
upon and unite their railroad, by proper means, with the 
Stoughton Branch Railroad, at or near the terminus thereof 
in Stoughton, and also to make use of said Stoughton Branch 
Railroad, and the Boston and Providence Railroad, accord- 
ing to the provisions of law. 

Sect. 4. The capital stock of this corporation shall 
consist of not more than one thousand 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 en- 
gines, cars, and other things, as may be necessary for the 
use of said railroad, and for the transportation of passen- 
gers, goods, and merchandise. 

Sect. 5. If the location of the road, as provided for in 
the second section, be not filed, according to law, within 
one year, and if said railroad be not completed within three 
years from the passage of this act, then this act shall be 
void. 

Sect. 6. The legislature may, from time to time, regu- 
late the rate of tolls, or other receipts, on said road, when- 
ever the net income thereof shall exceed ten per cent, per 
annum ; but the tolls or other receipts shall not, without 



1,000 shares. 



^100 each. 



Location and 
completion. 



Tolls, &c. 



1854.— Chapters 56, 57, 58. 37 

the consent of the company, be so reduced as to produce 
less than ten per cent, per annum on the investment in said 
company. [Approved hy the Governor, March 3, 1854.] 

An Act to increase the Capital Stock of the East Boston Dry Dock Chap. 56. 

Company, 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Sect. 1. The East Boston Dry Dock Company are Capital stock 
hereby authorized to increase their capital stock by an ^loolooo. 
amount not exceeding two hundred thousand dollars, and to 
invest such increase in real and personal estate, necessary How invested. 
and convenient for carrying on the business of said cor- 
poration. 

Sect. 2. No shares in the capital stock of said corpora- No shares to 
tion shall be issued for a less sum or amount, to be actually der par.^ 
paid in on each, than the par value of the shares first issued. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved hy the Governor, March 7, 1854.] 

An Act to change the location of the Suffolk Cordage Company. Chnp. 5 7. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as folloios : 

The Suffolk Cordage Company is hereby authorized to Location 
manufacture rope, twine, and other cordage, in the city of °^^"^^ * 
Eoxbury ; and the acts and doings of said corporation are 
hereby affirmed and made as valid as if said authority to Doings made 
manufacture, as aforesaid, in said city of Roxbury, were ''^ ^ ' 
contained in the original act of incorporation of said com- 
pany. [Approved by the Governor, March 7, 1854.] 



An Act to incorporate the Revere House Company. Chap. 58. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : — 

Sect. 1. Frederick W. Lincoln, Junior, Pelham Bonney, Corporators. 
John H. Thorndike, their associates and successors, are 
hereby made a corporation, by the name of the Proprietors 
of the Revere House, for the purpose of holding and main- „ , ,. -o 

.. ,.,. n -K Til M T 1 Hotel in Bos- 

jtainjing a hotel in the city oi Boston, and the buildings and ton. 



38 1854.-T-CHAPTERS 59, 60. 

improvements connected therewith; and for these purposes 

shall have all the powers and privileges, and be subject to 
Privileges, lia- all the dutics, restrictions and liabilities, set forth in the 
biiities, &c. thirty-eighth and forty-fourth chapters of the Revised Stat- 
Proviso. utes : provided, however, that the said corporation shall not 

carry on the business of hotel-keeping. 
Capital, Sect. 2. The capital stock of said corporation shall not 

^500,000. exceed five hundred thousand dollars, which they may invest 

in real and personal estate : provided, however, that no 
No shares to shares in the capital stock of said corporation shall be 
^eissue un er jgg^gjj fQj, ^ jggg g^jj^ qj. amount, to be actually paid in on 

each, than the par value of the shares which shall be first 
issued. 
When to go Sect. 3. TMs act shall not go into effect until the sum 

of two hundred and fifty thousand dollars of the capital 
stock shall have been subscribed, by responsible parties, 
and the sum of one hundred and twenty-five thousand dol- 
lars paid into the treasury of the said company. [Approved 
hy the Govertior, March 7, 1354.] 

Chan 59 ^^ ^^^ ^^ addition to an Act concerning the manner of Voting at certain 
"' ' Elections. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Ballots to indi- Sect. 1. All votcs and ballots for governor, lieutenant- 
cate the office, governor. Senators and representatives of the Common- 
wealth, and representatives in congress, whether deposited 
in the ballot-box in a sealed envelope or not, shall clearly 
indicate, in print or writing, the office for which each person 
voted for is designed, and no vote which does not so indi- 
Proviso. cate it shall be counted : provided, however, that in all trials 

for the choice of representatives to the general court or to 
congress, when no other officer is voted for, the office need 
not be indicated, in print or writing. 

Sect. 2. All acts and parts of acts, inconsistent here- 
with, are hereby repealed. [Approved by the Governor, 
March 7, 1854.] 



Chai). 60. ^"^ ■^^^ ^^ establish a Police Court in the Town of Milford. 

Be it enacted by the Senate and House of Representa- 
tives, in Gerieral Court assembled, and by the authority of 
the same, as follows : 

Court estab- Sect. 1. A policc court is hereby established in the 
town of Milford, in the county of Worcester, to consist of 



lished. 



1854.— Chapter 60. 39 

one competent and discreet person, to be appointed and 
commissioned by the governor, pursuant to the constitution, 
as standing justice. 

Sect. 2. The said court shall have original and exclusive Power, duty, 
jurisdiction over all crimes, offences and misdemeanors com- '' ^' 
mitted within the said town of Milford, whereof justices of 
the peace now have or may have jurisdiction ; also, of all 
suits and actions which may now or at any time hereafter 
be heard, tried and determined before any justice of the 
peace in the county of "Worcester, whenever all the parties 
shall reside in Milford and service of the writ is had on the 
defendant in said county. The said court shall have original Jurisdiction. 
and concurrent jurisdiction with justices of the peace in 
said county of Worcester, over all crimes, offences and mis- 
demeanors, whereof justices of the peace within the county 
of Worcester now have or may have jurisdiction ; also, of 
all suits and actions within the jurisdiction of any justice 
of the peace within the county of Worcester. 

Sect. 3. An appeal shall l3e allowed from all judgments Appeal 
of said police court, in like manner and to the same extent ^ii°^^^<^- 
that appeals are now allowed by law from judgments of 
justices of the peace ; and the justice of said police court 
shall not be of counsel to any party, in any cause which 
may be pending in said court. 

Sect. 4. All fines and forfeitures, and all costs in crim- Fines, costs, 
inal prosecutions, which shall be received by or paid into pj'sed^o^ *^" 
the hands of the justice of said court, shall be by him 
accounted for and paid over to the same persons, in the 
same manner and under the same penalties, as are by law 
prescribed in the case of justices of the peace. All costs 
in such prosecutions, not thus received, shall be made up, 
taxed, certified and allowed, and shall be paid in like man- 
ner as is provided by law in cases of justices of the peace. 

Sect. 5. The justice of said court shall retain to his Compensation 
own use all fees by him received, or which may accrue to ° J^^^^^^^- 
justices of the peace, in civil actions and criminal prosecu- 
tions, in full compensation for all services assigned to him 
by the provisions of this act : provided, that he shall not Fees over ^300 
retain for his services, in criminal prosecutions, a sum ex- ^j.^gj,gy°gj^°""*^ 
ceeding three hundred dollars annually, but shall pay over 
to the county treasurer all fees received by him in criminal 
prosecutions over and above that sum. 

Sect. 6. A court shall be held by said justice, at some Court how of- 
suitable place in said town of Milford, to be provided at 
the expense of said court, on two several days of each 



40 1854.— Chapter 60. 

"week, at nine of the clock in the forenoon, and as much 
oftener as may be necessary, to take cognizance of crimes, 
offences and misdemeanors, and on two several days in each 
month, to be appointed and made known by said justice, for 
the trial of civil suits and actions. The justice of said 
court may adjourn said court, as justices of the peace may 
now adjourn the same hearings or trials ; and he shall, from 
time to time, establish all necessary rules for the orderly 
and uniform conducting of the business thereof. 
Shall keep a Sect. 7. The lusticc of said court shall keep a fair 

fair record and t j* ^^ t • -t , iini 

make return, rccord 01 ail procecdnigs in said court, and shall make re- 
turn to the several courts of all legal processes and of his 
doings therein, in the same manner as justices of the peace 
are now by law required to do ; and he shall also, annually, 
in the month of January, exhibit to the selectmen of the 
said town of Milford a true and faithful statement of money 
actually received by him as fees, and all charges and fees 
which are outstanding and claimed to be due to him at the 
date of such exhibit. 

One special Sect. 8. There shall be appointed by the governor, by 

justice. ^^^ ^.^j^ ^j^g advice and consent of the council, one special 

justice of said court, who shall have power, in case of the 
absence, sickness, interest, or any other disability of the 
standing justice, to issue the processes of said court, to 
hear and determine any matter or cause pending, and to 
exercise all the powers of the standing justice, until such 

Compensation, disability be removed. The said special justice shall be 
paid, for the services by him performed, out of the fees re- 
ceived in said court, such sum as the standing justice would 
be entitled to for the same services. 

Pending suits. Sect. 9. All suits, actions and prosecutions, which shall 
be pending within the said town of Milford, before any jus- 
tice of the peace when this act shall take effect, shall be 
heard and determined as though this act had not passed. 

Appointment Sect. 10. The govcmor shall have power, by and with 
^^^ ' ^ ■ the advice and consent of the council, to appoint said stand- 
ing and special justices, at any time after receiving notice 
of the adoption of this act by the town of Milford, as 
herein-after mentioned. 

Act to be ac- Sect. 11. TMs act shall be void uulcss the inhabitants 

cepted by the ^f ^|^^ ^^^^ ^^ Milford, at a legal town meeting called for 
that purpose, shall, by a written vote, determine to adopt 
the same, within sixty days from the passage of this act ; 
and it shall be the duty of the selectmen and town clerk of 
said town of Milford, to certify that fact to his excellency 



1854.— Chapters 61, 62. 41 

the governor, if the town should so vote to adopt this 
act. [Appi^oved by the Governor, March 8, 1854.] 

An Act to authorize Israel Brayton tOj^Plant Oysters in Taunton Great Chap. 61. 

River. ^ 

Be it enacted by the Senate and Honse of Represeiita- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Israel Brayton, of Somerset, in the county of 
Bristol, his heirs and assigns, are hereby authorized to 
plant and dig oysters in the waters and flats of Taunton to plant and 
Great River, in front and easterly of said Brayton's land, in^g^omerset 
in said town of Somerset, from high-water mark to the 
channel of said river. Said Brayton's land is bounded on 
the south by land of William Wilbur, on the west by the 
new highway, so called, on the north by land of the heirs 
of late William Hade, deceased, and on the east by Taun- 
ton Great River. 

Sect. 2. Said Brayton, his heirs and assigns, shall have Exclusive use. 
exclusive use of said waters and flats, from high-water 
mark to the channel of said river, as defined, for the pur- 
pose of planting and digging oysters, for the term of twenty 
years ; and if any person shall, within said limits, dig or 
take any oysters, during said term, without license from 
said Brayton, his heirs or assigns, he shall forfeit and pay a Penalty, 
fine, not exceeding twenty dollars, to be recovered by said 
Brayton, his heirs or assigns, in any court proper to try the 
same. 

Sect. 3. This act shall take effect from and after its 
passage. \^Approved by the Governor, March 8, 1854.] 

An Act to incorporate the Clinton Gas Light Company. Chcip. 62. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Horatio N. Bigelow, Franklin Forbes, and corporators. 
Henry Kellogg, their associates and successors, are hereby 
made a corporation, by the name of the Clinton Gas Light 
Company, for the purpose of manufacturing and selling gas purpose, 
in the town of Clinton ; with all the powers and privileges, 
and subject to all the duties, restrictions and liabilities, set Duties, liawii- 
forth in the thirty-eighth and forty-fourth chapters of the t»es, &c. 
Revised Statutes. 
6 



42 



1854.--CHAPTER 63. 



Real estate, 
^30,000 ; 
capital, 
^50,000. 



May open the 
ground, lay 
pipes, &c. 



Proviso. 



Other compa- 
nies may take 
stock, &c. 



No shares to 
be issued under 
par. 



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

Sect. 3. Said corporation, with the consent of the se- 
lectmen of the town of Clinton, shall have po"v;»er and author- 
ity to open the ground, in any part of the streets, lanes and 
highways in said town, for the purpose of sinking and re- 
pairing such pipes and conductors as it may be necessary to 
sink for the purpose aforesaid ; and the said corporation, 
after opening the ground in such streets, lanes, or highways, 
shall be held to put the same again in repair, under the 
penalty of being prosecuted for a nuisance : provided, that 
the said selectmen, for the time being, shall have the power 
to regulate, restrict and control, the acts and doings of the 
said corporation, which may affect the health or safety of 
the inhabitants of said town of Clinton. 

Sect. 4. Any manufacturing, machine, or other company, 
having its place of business in said town, may take and hold 
stock in said Gas Light Company, not exceeding a sum, the 
interest of which will pay for all the gas consumed and used 
for the purpose of lighting the buildings belonging to such 
company. 

Sect. 5. No shares in the capital stock of said corpora- 
tion 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. 

Sect. 6. This act shall take effect from and after its 
passage. [^Approved by the Governor, March 8, 1854.] 



Chap. 63. 



Plaintiff to 
make oath, &c. 



An Act in relation to Arrests in Actions of Tort. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

No person shall be arrested on mesne process in an ac- 
tion of tort, unless the plaintiff, or some one in his behalf, 
first makes oath that he believes that the cause of action set 
forth in the writ, is just and true. [App?'ovcd by the Gov- 
ernor, March 8, 1854.] 



1854.— Chapters 64, 65, 66, 43 

An Act to authorize the Bristol County Savings Bank to hold Real Estate. Chap. 64. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The Bristol County Savings Bank is hereby Amount real 
authorized to hold real estate to the amount of fifteen ^^*^*^- 
thousand dollars : provided, however, that no part of said Proviso, 
amount shall be invested in real estate, except in the pur- 
chase of a suitable site, and the erection or preparation of 
a suitable building to be used for the banking purposes of 
said corporation. 

Sect. 2. This act shall take effect from and after its 
passage. [^Approved by the Governor, March 8, 1854.] 

An Act to authorize the Lowell Institution for Savings to hold Real Chap. 65. 

Estate. 

Beit enacted by the Se?iate a7id House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. The Lowell Institution for Savings is hereby Amount real 
authorized to hold real estate to the amount of forty thou- ^^^^^^• 
sand dollars : provided, however, that no part of said amount Proviso, 
shall be invested in real estate, except in the purchase of a 
suitable site, and the erection or preparation of a suitable 
building, to be used for the banking purposes of said cor- 
poration. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, March 8, 1854.] 

An Act to incorporate the Boston Chemical Company. ChaP- 66. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. Andrew H. Ward, Jr., J. H. Ward, and H. Gr. Corporators. 
Wheelock, their associates and successors, are hereby made 
a corporation, for the purpose of manufacturing all kinds of Purpose, 
chemicals, acids and drugs, in either of the counties of Suf- 
folk or Norfolk, under the name of the Boston Chemical 
Company; with all the powers and privileges, and subject Powers.duties, 
to all the duties, restrictions and liabilities, set forth in *"• 
the ^thirty-eighth and forty-fourth chapters of the Eevised 
Statutes. 



44 1854.— Chapters 67, 68. 

Real estate, Sect. 2. Said Corporation may hold, for the purposes 
fapit'ai, ' aforesaid, real estate to the amount of one hundred and 
^300,000. fifty thousand dollars, and the whole capital stock of said 

company shall not exceed three hundred thousand dollars. 

[Appj-oved hy the Gover?ior, March 8, 1854.] 

Chap. 67. An Act for the incorporation of the Boston Stone Dressing Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Corporators. Sect. 1. Benjamin Perkins, Luther Munn, John G. Web- 
ster, their associates and successors, are hereby made a 
corporation by the name of the Boston Stone Dressing Com- 
Purpose. pany, for the purpose of cutting, dressing and polishing 
stone, by machinery and otherwise, for building and other 
purposes, in the coimties of Suffolk and Norfolk, or either 
Powers, duties, of them; with all the powers and privileges, and subject to 
*"' all the duties, restrictions and liabilities, set forth in the 

thirty-eighth and forty-fourth chapters of the Eevised Stat- 
utes. 
Real estate, Sect. 2. The said Corporation, for the purposes afore- 
capital, ' said, may take and hold real estate, to the amount of sev- 
poo,ooo. enty-five thousand dollars ; and their whole capital stock 

shall not exceed three hundred thousand dollars. 
No shares to Sect. 3. No shares shall be issued for a less sum, ac- 
beissuedunder ^^^a^;[iy pai(j jn on each share, than the original par value of 
the shares first issued. [Approved by the Governor, March 
8, 1854.] 

Chap. 68. ^"^ Act to authorize John H. Gregory and his associates to build a Wharf. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

"Wharf in Mar- John H, Gregory, and his associates, are hereby autlio- 
biehead. rized to build and maintain a wharf in the harbor of Mar- 

blehead, to extend from their land, at a place called Red 
Stone Cove, one hundred and ninety feet, in a southerly 
direction, from high-water mark in said cove, to the outer 
Wi th an L part ledge situated off the same; with liberty to build an L part, 
of forty feet in length and fifteen feet in breadth, to extend 
and run in a south-westerly or westerly direction from the 
southerly termination of the wharf. Also to lay vessels at 



1854.— Chapters 69, 70. 45 

the ends and sides of the wharf, and receive dockage and Rights, &c. 
wharfage therefor : provided, that this act shall not in any Proviso, 
manner impair the legal rights of any person whatever. 
{^Approved by the Governor , March 8, 1854.] 



An Act relating to the Third Congregational Society in Springfield. Chap. 69. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The trustees of the funds of the Third Congregational Additional real 
Society in Springfield, in addition to the sum already pro- estat^!'^^°'^^ 
vided for, by an act of the legislature, passed January 
thirty-first, in the year eighteen hundred and twenty, are 
hereby authorized to receive, hold, improve, and manage, 
for said society, any estate, real or personal, the annual 
income of which shall not exceed the sum of two thousand 
dollars : provided, however, that said income shall be used. Proviso, 
by said trustees, exclusively for the support of the ministry, 
and for other parochial purposes, as the said society shall, 
from time to time, direct. [^Approved by the Governor, 
March 8, 1854.] 

An Act relating to the Election of Representatives in the Congress of Chap. 70. 
the United States. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. In all elections hereafter holden for the choice How elected, 
of representatives in the congress of the United States, 
the person receiving the highest number of votes shall be 
declared elected, and the governor shall forthwith transmit 
to such person a certificate of such choice signed by the 
governor and countersigned by the secretary. 

Sect. 2. In case two or more persons in any congres- Another eiec- 
sional district, shall have an equal and the highest number tion in certain 
of votes, no person shall be deemed to be elected, and 
another election shall be ordered as provided in the sixth 
chapter of the Revised Statutes. 

Sect. 3. The first section of the fortieth chapter of the inconsistent 
acts passed in the year one thousand eight hundred and ^^^ts repealed, 
fifty-one, and all other acts, and parts of acts inconsistent 
herewith, are hereby repealed. [Approved by the Gover- 
nor, March 8, 1854.] 



46 



1854.— Chapters 71, 72. 



Chap. 71. -^^ ^^^ ^" addition to the Acts incorporating the Boston Asylum and 
-* Farm School for Indigent Boys. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. In addition to the existing members of the 
corporation of the Boston Asylum and Farm School for 
Indigent Boys, the present and future boards of managers 
shall be and become members, with all the rights of the 
corporators. 

Sect. 2. Said corporation may take and hold real and 
personal estate, to an amount in value not exceeding double 
that authorized by the act of 1835, chapter 28, to which 
this act is in addition, and upon the same conditions as are 
therein specified. {Approved by the Governor, March 9, 
1854.] 



Members. 



Real and per- 
sonal estate. 



Chap. 72. 



An Act to establish a Police Court in the Town of Blackstone. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 



Police Court 
established. 



Sect. 1. A police court is hereby established in the town 
of Blackstone, to consist of one competent and discreet 
person, to be appointed and commissioned by the governor, 
pursuant to the constitution, as standing justice. 
Powers,duties, Sect. 2. The Said court shall have Original and exclusive 
&°- jurisdiction over all crimes, offences, and misdemeanors, 

committed within said town of Blackstone, whereof justices 
of the peace now have, or may have jurisdiction ; also, of 
all suits and actions which may now, or at any time here- 
after, be heard, tried, and determined, before any justice of 
the peace in the county of Worcester, whenever all the par- 
ties shall reside in Blackstone, and service of the writ is 
had on the defendant in said county. 

The said court shall have original and concurrent juris- 
diction, with justices of the peace in said county of Worces- 
ter, over all crimes, offences, and misdemeanors, whereof jus-" 
tices of the peace within the county of Worcester, now have, 
or may have, jurisdiction ; also, of all suits and actions within 
the jurisdiction of any justice of the peace within the county 
of Worcester. 

Sect. 3. An appeal shall be allowed from all judgments 
of said police court, in like manner, and to the same ex- 



Appeal al- 
lowed. 



1854.— Chapter 72. 47 

tent, that appeals are now allowed by law from judgments 
of justices of the peace ; and the justice of said police 
court shall not be of counsel to any party in any cause 
which may be pending in said court. 

Sect. 4. All fines and forfeitures, and all costs in crim- Fines, costs, 
inal prosecutions, which shall be received by, or paid into p^g^ J "J^ *^'^" 
the hands of the justice of said court, shall be by him 
accounted for, and paid over to the same persons, in the 
same manner, and under the same penalties, as are by law 
prescribed in the case of justices of the peace. 

All costs in such prosecutions, not thus received, shall be 
made up, taxed, certified and allowed, and shall be paid in 
like manner as is provided by law in cases of justices of 
the peace. 

Sect. 5. The justice of said court shall retain to his what fees 
own use, all fees by him received, or which now accrue to ^gt^^^^™^^ 
justices of the peace, in civil actions and criminal prosecu- 
tions, in full compensation for all services assigned to him 
by the provisions of this act : provided, that he shall not Fees over S300 
retain for his services in criminal prosecutions, a sum ex- ti^gasurer?^'^*^ 
ceeding three hundred dollars annually, but shall pay over 
to the county treasurer all fees received by him in criminal 
prosecutions over and above that sum. 

Sect. 6. A court shall be held by said justice, at some when to be 
suitable place in said town of Blackstone, to be provided at ^^^<^- 
the expense of said town, on two several days of each 
week, at nine of the clock in the forenoon, and as much 
oftener as may be necessary, to take cognizance of crimes, 
offences, and misdemeanors, and on two several days in 
each month, to be appointed and made known by said jus- 
tice, for the trial of civil suits and actions. The justice of 
said court may adjourn said court, as justices of the peace 
may now adjourn the same hearings, or trials, and he shall, 
from time to time, establish all necessary rules for the or- 
derly and uniform conducting of the business thereof. 

Sect. 7. The justice of said court shall keep a fair Records, re- 
record of all proceedings in said court, and shall make re- ^"'^'^^' *^" 
turn to the several courts of all legal processes, and of his 
doings therein, in the same manner as justices of the peace 
are now by law required to do ; and he shall also, annually, 
in the month of January, exhibit to the selectmen of the said 
town of Blackstone, a true and faithful statement of money 
actually received by him as fees, and all charges and fees 
which are outstanding and claimed to be due to him at the 
date of such exhibit. 



48 1854.— -Chapter 73. 

Special justice. Sect. 8. There shall be appointed by the governor, by 
and with the advice and consent of the council, one special 
justice of said court, who shall have power, in case of the 
absence, sickness, interest, or other disability of the 
standing justice, to issue the processes of said court, to 
hear and determine any matter or cause pending, and to 
exercise all the powers of the standing justice, until such 
disability be removed. The said special justice shall be 
How paid. paid for the services by him performed, out of the fees re- 
ceived in said court, such sum as the standing justice would 
be entitled to for the same services. 
Pending ac- Sect. 9. All suits, actions and prosccutions, whicli sliall 
*'°"^' be pending within the said town of Blackstone, before any 

justice of the peace, when this act shall take effect,- shall be 
heard and determined as though this act had not passed. 
Justices, when Sect. 10. The govcmor shall have power, by and with 
appointed. ^^^^ advicc and consent of the council, to appoint said stand- 
ing and special justice, at any time after receiving notice 
of the adoption of this act by the town of Blackstone, as 
herein-after mentioned. 
Void unless Sect. 11. Tliis act shall be void, uulcss the inhabitants 

wSn vot^e. *^f *^^6 town of Blackstonc, at a legal town meeting, called 
for that purpose, shall, by a written vote, determine to adopt 
the same, within sixty days from the passage of this act. 
And it shall be the duty of the selectmen and town clerk 
of said town of Blackstone,- to certify that fact to his excel- 
lency, the governor, if the town should so vote to adopt this 
act. [Approved by the Governor, March 11, 1854.] 

Chap. 73. An Act to incorporate the Winthrop House Company. 

Be it etiacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Samuel S. Pierce, Setli W. Fowle, Samuel S. 
Perkins, their associates and successors, are hereby made a 
corporation, by the name of the Winthrop House Company ; 
for the purpose of owning, holding, improving and maintain- 
ing the public house called the Winthrop House, situated at 
the corner of Tremont and Boylston Streets, in Boston, in 
said Commonwealth, and the buildings and appurtenances 
Privileges, thereto belonging; and for these purposes, shall have all 
liabilities, &c. ^j^^ powcrs and privileges, and be subject to all the duties, 
restrictions and liabilities, set forth in the forty-fourth chap- 



1854.— Chapters 74, 75. 49 

ter of the Revised Statutes of this Common-wealth : pro- Proviso. 
vided, however, that said company shall not engage in the 
business of hotel-keeping. 

Sect. 2. The capital stock of said corporation shall not Capital, 
exceed five hundred thousand dollars, which they may invest S^^^>^^^- 
in real and personal property, necessary and convenient for 
the purpose aforesaid : provided, however, that no shares in no shares to 
the capital stock of said corporation shall be issued for a ^gj.^®\^®^ ^^' 
less sum or amount, to be actually paid in on each, than the 
par value of the shares which shall be first issued. [^Ap- 
proved by the Governor, March 11, 1854.] 

An Act in relation to the Division of Water Rights. Chat). 74. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. All persons who are interested as joint ten- water rights, 
ants, tenants in common or otherwise, in any mill privilege, **^- 
water right, or other incorporeal hereditament, in this Com- 
monwealth, may be compelled to divide the same, either by Division, &c. 
bill in equity, in the supreme judicial court; or in the man- • 
ner provided for the division of land, by the statutes of this 
Commonwealth ; in which latter case, [the commissioners 
appointed to make partition shall set forth, in their return, 
the best method of setting off to the several parties their 
respective shares or interests, and thereupon the said Court 
may require the several parties interested, or either of 
them, to perform such acts as justice and equity may require, 
and may make all such orders and decrees, in the premises, 
according to the course of proceedings in chancery, as may 
be necessary to do justice between the parties. 

Sect. 2. This act shall take efi'ect from and after its 
passage. [Approved by the Governor, March 11, 1854.] 

An Act to incorporate the Chelsea Brick Manufacturing Company. Phnt^ 75 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. George B. Parrott, William W. Bullock, Levi corporators. 
Wilkins, their associates and successors, are hereby made a 
corporation by the name of the Chelsea Brick Manufac- 
turing Company, for the purpose of manufacturing brick, in 
the town of Chelsea, in the county of Suffolk ; with all the 
7 



50 



1854.— Chapter 76. 



Powers, duties, powers and privileges, and subject to all the duties, restric- 
tions and liabilities, set forth in the thirty-eighth and forty- 
fourth chapters of the Eevised Statutes. 

Sect. 2. The said corporation may hold real estate, nec- 
essary and convenient for the purposes aforesaid, not ex- 
ceeding in amount one hundred thousand dollars, and the 
whole capital stock of said corporation shall not exceed 
three hundred thousand dollars : provided, however, that 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 first issued. 

Sect. 3. This act shall take effect from and after its 
passage. \_Approved by the Governor, March 11, 1854.] 



Real estate, 
^100,000 ; 
capital, 
^300,000. 



No shares to 
be issued un- 
der par. 



Chctp. 76. An Act in addition to an Act to incorporate the Lowell Traders' and 
Mechanics' Mutual Fire Insurance Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Guarantee Sect. 1. On receiving from the subscribers thereto a 

capital. , guarantee capital of fifty thousand dollars, which shall be 
paid in within two years from the passage of this act, the 
Lowell Traders' and Mechanics' Mutual Fire Insurance 
Company may make insurance against fire and against mar- 
itime losses, otherwise than on the mutual principle ; with 
all the powers and privileges, and subject to all the duties, 
liabilities and restrictions, set forth in the thirty-seventh 
chapter of the Revised Statutes, and in all subsequent acts 
relating to insurance companies. 

Sect. 2. Said company may increase its guarantee cap- 
ital, to an amount not exceeding one hundred thousand 
dollars, at any time within three years from the passage of 
this act. 

Sect. 3. So much of the act, to which this is in addition, 
as may be construed to require property hereafter insured 
by said company to be divided into separate classes, is 
hereby repealed. But no existing contract, for insurance 
with said company, shall be affected by said repeal. 

Sect. 4. Said company shall hereafter be called and 
known by the name of the Traders' and Mechanics' Insur- 
ance Company. {^Approved by the Governor, March 11, 
1854.] 



Insure against 
fire and mari- 
time losses. 
Duties, liabili- 
ties, &c. 



Increase guar- 
antee capital. 



Partial repeal. 



Existing con- 
tracts not af- 
fected. 
Name changed 



1854.— Chapter 77. 51 

An Act concerning County Commissioners. Chap. 77. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as folloios : 

Sect. 1. The county commissioners now in office in the 
several counties, except in Suffolk and Nantucket, shall be 
divided into three classes : those of the first class shall Three classes. 
hold their offices until the day of the next annual election 
of governor, and until successors shall be chosen and quali- 
fied in their stead, and no longer ; those of the second class 2d class. 
shall hold their offices until the day of the annual election 
of governor, in the year one thousand eight hundred and 
fifty-five, and until successors shall be chosen and qualified 
in their stead, and no longer; those of the third class shall 3d class. 
hold their offices until the day of the annual election of Term of office. 
governor, in the year one thousand eight hundred and fifty- 
six, and until successors shall be chosen and qualified in 
their stead. 

Sect. 2. It shall be the duty of the county commission- Classes deter- 
ers in each of said counties, within sixty days after this act ™™^ ^ 
shall take effect, to determine, by lot, to which one of the 
said classes each member of their board shall belong; they 
shall cause a record to be made of such determination, and 
shall, within thirty days after such determination, cause an 
attested copy of said record to be published once, in each 
newspaper printed in said county. 

Sect. 3. At the next annual election of governor, and one to be cho- 
at such annual election iu each year thereafter, in each of ®^^ annually, 
the counties except Suffolk and Nantucket, there shall be 
one county commissioner chosen in the manner prescribed 
in the fourteenth chapter of the Revised Statutes, for the 
election of county commissioners, except so far as such 
manner is changed by this act ; such commissioner not to 
be an inhabitant of the same town as either of the commis- 
sioners remaining in office, and every commissioner so 
chosen shall hold his office for the term of three years, and 
until a successor is chosen and qualified in his stead. 

Sect. 4. The county commissioners in each county shall Chairman cho- 
hereafter choose a chairman of their board, by ballot, an- ^^° ^' ^ °*" 
nually, at their first meeting after the annual election. 

Sect. 5. The special commissioners, now in office, shall Special com- 
hold their offices until the annual election of governor, in ™^^^^°'^"^- 
the year one thousand eight hundred and fifty-six, and until 
successors shall be chosen and qualified in their places. 



52 



1854.— Chapter 78. 



How elected. Sect. 6. At the annual election, in the year one thou- 
sand eight hundred and fifty-six, and each third year there- 
after, in each of the counties except Suffolk and Nantucket, 
there shall be two special commissioners elected, in the 
manner provided in this act, for the election of county 
commissioners, said special commissioners not to be inhab- 
itants of the same town, or of the same town as either of 
the county commissioners, excepting in the county of Dukes, 
and such special commissioners shall hold their offices for 
Term of office, the term of three years, and until successors shall be chosen 

and qualified in their places. 
Elections, how Sect. 7. In all elections of county commissioners and 
decided. special commissioners, the person having the highest num- 

ber of votes, and being otherwise qualified, shall be declared 
to be elected ; but, in case two or more persons shall have 
an equal number of votes, by reason of which neither of 
such persons shall be elected, another election shall be' 
ordered, in the manner provided by the fourteenth chapter 
of the Revised Statutes. 
Inconsistent Sect. 8. All acts and parts of acts, inconsistent with the 
acts repealed. ppQvisions of this act, arc hereby repealed. [Appr^oved by 
the Governor, March 11, 1854.] 



Chap. 78. An Act to incorporate the Franklin Locomotive Company. 

Be it enacted by the Senate and House of Representa- 
' tives, ill General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Jonathan Amory, Thomas A. Dexter, and 
William P. Parrott, their associates and successors, are 
hereby made a corporation by the name of the Franklin 
Locomotive Company, for the purpose of manufacturing 
locomotive engines, steam-boilers, furnaces, and other ma- 
chinery, in the city of Boston ; with power to hold any pa- 
tents in relation thereto ; and for this purpose, 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 Eevised Statutes. 

Sect. 2. The capital stock of said corporation shall not 
exceed three hundred thousand dollars, .and the corporation 
may hold real estate not exceeding fifty thousand dollars. 

Sect. 3. No shares in the capital stock of said corpora- 
tion 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. 



Corporators. 



Purpose. 



Powers, privi- 
leges, &c. 



Capital, 
^300,000; 
real estate, 
550,000. 

No shares to 
be issued un- 
der par. 



1854— Chapters 79, 80, 81. 53 

Sect. 4. This act shall take eifect from and after its 
passage. [Appi^oved by the Governor, March 15, 1854.] 

An Act to incorporate the Warren Cotton Mills. Chan 79 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority^of 
the same, as follows : 

Sect. 1. Jacob B. Merrick, John S. "Wright, and Ephraim corporators. 
P. Whitman, their associates and successors, are hereby 
made a corporation, by the name of the Warren Cotton 
Mills, for the purpose of manufacturing cotton and woollen 
goods and machinery, in the town of Warren, in the county 
of Worcester; and for this purpose, shall have all the pow- powers, privi- 
ers and privileges, and be subject to all the duties, liabili- leges, &c. 
ties and restrictions, set forth in the thirty-eighth and forty- 
fourth chapters of the Revised Statutes. 

Sect. 2. The said corporation may hold, for the pur- Real estate, 
poses aforesaid, real estate, not exceeding the amount of £p^^;^°j°^ > 
one hundred and fifty thousand dollars ; and the whole cap- poo,o6o. 
ital stock of said corporation shall not exceed the amount 
of three hundred thousand dollars. 

Sect. 3. No share in the capital stock of said corpora- No shares to 
tion shall be issued for a less sum or amount, to be actually ^g^ pT/*^ ^'^' 
paid in on each, than the par value of the shares first 
issued. {^Approved by the Goveriior, March 15, 1854.] 

An Act to change the Name of the Bethesda Baptist Society. Ckcip. 80. 

Be it etiacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

The Bethesda Baptist Society, in the city of Charlestown, 
shall hereafter be called and known as the Bunker Hill 
Baptist Society. [Appi^oved by the Governor, March 15, 
1854.] 

An Act to establish the Salary of the Clerk in the Office of the Adjutant Chcit). 81. 
and Quartermaster-General of the Commonwealth. -* * 

Be it e7iacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authoi'ity of 
the same, as folloivs : 

Sect. 1. From and after the first day of January, in the Salary fixed. 
year one thousand eight hundred and fifty-four, the clerk in 



54 1854.— Chapters 82, 83. 

the office of the adjutant and quartermaster-general of the 
Commonwealth shall receive a salary of one thousand dol- 
lars a year, to be paid quarterly, which said sum shall be in 
full for all services rendered in said office. 
Inconsistent Sect. 2. All acts and parts of acts, inconsistent with 
acts repeaie . ^^^ provisious of this act, are hereby repealed. [Approved 
hy the Governor , March 15, 1854.] 

Chap. 82. -^" -^^t ^° incorporate the Lyman Mills. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Augustus H. Fiske, Mark Healey, Richard S. 
Fay and Thomas Hopkinson, their associates and assigns, 
are hereby made a corporation, by the name of the Lyman 

Purpose. Mills, for the purpose of manufacturing, printing, dyeing, 
bleaching and finishing cotton, woollen, linen or silk goods, 
at Holyoke, in the county of Hampden ; with all the powers 

Powers, privi- and privileges, and subject to all the duties, restrictions 

°^®^' °* and liabilities, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 

Hold real and Sect. 2. The Said Corporation may hold real and per- 

personal estate i,, i • i i^ l^ 

sonal estate, necessary and convenient lor the purposes 

aforesaid, not exceeding in amount two millions of dollars. 
No shares to Sect. 3. No sharcs in the capital stock of said corpo- 
der par. " ration, shall be issued for a less sum or amount, than the 

par value of the shares which shall be first issued. 

Sect. 4. This act shall take efi"ect from and after its 

passage. [Approved by the Governor, March 16, 1854.] 



Chcip, 83. -^n Act to authorize the Nantucket Institution for Savings to hold Real 
^ ' ' Estate. 

Be it enacted by the Senate and Honse of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

May hold real Sect. 1. The Nautuckct Institution for Savings is here- 
estate. y^^ authorized to hold real estate^ to the amount of five 

Proviso. thousand dollars : provided, that no part of said amount 

shall be invested in real estate, except in the purchase of a 
suitable site, aud the erection or preparation of a suitable 
building, to be used for the banking purposes of said corpo- 
ration. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved hy the Governor, March 16, 1854.] 



1854— Chapters 84, 85. 55 

An Act to incorporate the Middlesex South Agricultural Society. Chcii). 84. 

Be it enacted by the Senate and Honse of Representa- 
tives, in General Court assembled, and by the authority of 
the satjie, as follows : 

Sect. 1. William Buckminster, James W. Clark, Nathan Corporators. 
Stone, their associates and successors, are hereby made a 
corporation, by the name of the Middlesex South Agricul- 
tural Society ; for the encouragement of agriculture and Purpose. 
the mechanic arts, by premiums and other means, in the 
town of Framingham, in the county of Middlesex ; with all Location, 
the powers and privileges, and subject to all the duties, liabil- Powers, liabiii- 
ities, and restrictions of other agricultural societies estab- ^^^' 
lished in this Commonwealth ', and they are hereby authorized 
to admit members from the towns of Framingham, Ashland, 
Hopkinton, Holliston, Sherborn, Natick, Newton, Wayland, 
Sudbury and Marlborough, in the county of Middlesex, and 
the town of Southborough in the county of Worcester. And 
said corporation may hold and manage real estate, not ex- Real and per- 
ceeding in value fifteen thousand dollars, and personal estate ^15,000 each! 
not exceeding the same sum, for the purpose aforesaid. 

Sect. 2. The said society shall be entitled, on the same Receive same 
terms as other incorporated agricultural societies, to receive cultural^ socie- 
annually, out of the treasury of the Commonwealth, such ties, &c. 
sum as any other agricultural society may receive, under the 
provisions of chapter forty-two of the Revised Statutes, 
notwithstanding the restrictions of section seven of that 
chapter. [A][)p7^oved by the Governor, March 16, 1854.] 

An Act to incorporate the Franklin Library Association of Cambridge. Chap. 85. 

Be it efiacted by the Senate and House of Representa- 
tives, in Gener^al Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Samuel C. Smith, John McDuffie, Hamlin Corporators. 
Harding, their associates and successors, are hereby made 
a corporation, by the name of the Franklin Library Associa- 
tion of Cambridge ; for the purpose of diffusing and pro- Purpose, 
moting useful knowledge and moral culture among young 
men ; with all the powers and privileges, and subject to all Duties, liabUi- 
the duties, restrictions and liabilities, set forth in the forty- ' 
fourth chapter of the Revised Statutes. 

Sect. 2. The said corporation may hold real and per- f ^^1^°*^ p^*"" 
sonal estate, to be used for the purposes aforesaid, to an 525,000. ' 



56 1854.— Chapters 86, 87. 

amount not exceeding in all, the value of twenty-five thou- 
sand dollars. 

Sect. 3. This act shall take efi'ect from and after its 
passage. [App?'oved hy the Governor, March 16, 1854.] 

Chap. 86. An Act to incorporate the American Steam Guage Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and hy the aiithority of 
the same, as follows : 

Corporators. Sect. 1. William P. Newcll, H. K. Moore, and S. T. 

Sanborn, their associates and successors, are hereby made 

a corporation, by the name of the American Steam Guage 

Purpose. Company, for the purpose of manufacturing Steam Guages 

and Metres. 
Location, Said Company to be located in the city of Boston, in the 

Powers.duties, county of Suffolk, with all the powers and privileges, and 
subject to all the duties, restrictions and liabilities, set forth 
in the thirty-eighth and forty-fourth chapters of the Revised 
Statutes, 
^eai estate, Sect. 2. The Said corporation may hold real estate not 

capital, ' exceeding in amount, fifty thousand dollars ; and the whole 
^2o0,ooo. capital stock thereof shall* not exceed in amount, two hun- 
dred and fifty thousand dollars. 
No shares to Sect. 3. No shares in the capital stock of said corpo- 
der par. ration shall be issued for a less sum or amount, to be ac- 

tually paid in on each, than the par value of the shares 
which shall be first issued. 

Sect. 4. This act shall take efi'ect from and after its 
passage. [Approved by the Governor, March 16, 1854.] 

Chap. 87. An Act in addition to An Act in relation to Public Health. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Change in X[\ the fiucs and forfeitures named in section seven of 
ery of° fines. ' chapter two hundred and eleven of the Statutes of Eight- 
een Himdred and Forty-nine, may be recovered by complaint 
in the name of any police officer of any city, as well as in 
the name of the treasurer thereof. [Approved by the Gov- 
ernor, March 16, 1854.] 



1854.— Chapter 88. 57 

An Act concerning Truants in the City of Boston. Chap. 88. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Each iustice of the police court of the city of Police justices 

-r% i-.T. n t • , 1 -I ,, X may take juris- 

Boston, may take jurisdiction of complaints made under " An diction, &c. 
Act concerning truant children and absentees from school," 
passed the third day of May, in the year of our Lord eight- 
een hundred and fifty, against children between the ages of 
six and fifteen years, as habitual truants, or as children not 
attending school, without any regular and lawful occupation, 
growing up in ignorance. 

Sect. 2. All warrants issued upon such complaints shall Warrants re- 
be made returnable before either of said justices at the 
place named in the warrant. 

Sect. 3. Such justice may sentence any child convicted Sentences. 
of either of said offences, to be committed for not more 
than two years to the institution of instruction, house of 
reformation, or suitable situation assigned or provided under 
the authority given by said act, or which may hereafter be 
so assigned or provided ; or he may sentence such child to 
pay the fine, not exceeding twenty dollars, mentioned in the 
first section of said act, and in default of payment thereof, 
to stand committed to such institution of instruction, house 
of reformation, or suitable situation, or to the county jail, 
as provided in default of payment of other fines. 

Sect. 4. Any minor so committed, upon proof that he ^*'^°'■^ "^'^' 
is unable to pay such fine, and has no parent, guardian or proof,^&c!^°° 
person chargeable with his support able to pay the same, 
may be discharged by either of said justices, whenever he 
shall see fit. And if such minor is not so discharged, he 
shall be discharged according to the provisions of the third 
section of the one hundred and forty-fifth chapter of the 
Revised Statutes. 

Sect. 5. The justices shall receive such compensation Compensation 
as shall be fixed by the city council of Boston. of justices. 

Sect. 6. The three hundred and forty-third chapter of Former act re- 
the acts passed in the year of our Lord eighteen hundred ^^^ ^ 
and fifty-three, is hereby repealed : provided, hoioever, that Proviso, 
the provisions of this act and all other acts with reference 
to truant children, shall apply to children between the ages 
of six and sixteen years, as well as to children between 
the ages of five and fifteen years. 

' Sect. 7. This act shall take effect from and after its 
passage. {^Approved by the Governor, March 16, 1854.] 
8 



58 



1854.— Chapters 89, 90. 



Chap. 89. An Act to incorporate the Bigelow Carpet Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Horatio N. Bigelow, Erastus B. Bigelow, and 
Stephen Fairbanks, their associates and successors, are 
hereby made a corporation by the name of the Bigelow 
Carpet Company ; for the purpose of manufacturing woollen, 
linen and woollen, and cotton and woollen fabrics, and ma- 
chinery and other articles necessary or convenient to be 
used therefor, and in carrying on the business thereof, in 
the town of Clinton, in the county of Worcester ; 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. 

Sect. 2. The said corporation may hold, for the pur- 
poses aforesaid, real estate not exceeding the value of two 
hundred thousand dollars. They may hold not exceeding 
one-half of the stock of the Clinton Gas Light Company, 
and their whole capital stock shall not exceed five hundred 
thousand dollars. 

Sect. 3. No shares in the capital stock of said corpora- 
tion 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 
first be issued. 

Sect. 4. This act shall take effect from and after its 
passage. {^Approved by the Governor, March 16, 1854.] 

Chap. 90. An j^ct to incorporate the Mumford River Reservoir Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Paiul Whi tin, Warren Hunt, and John W. Ca- 
pron, their associates and successors, are hereby made a 
corporation, by the name of the Mumford River Reser- 

Purpose. voir Company, for the purpose of holding, maintaining, 
managing, and improving a reservoir of water, established 
by means of a dam erected upon the Mumford River, in the 
town of Douglas, in the county of Worcester, in order to 
benefit the mill privileges on the stream below said reser- 

Powers, privi- voir ; with all the powers and privileges, and subject to all 

leges, &c. ^i^g duties, restrictions and liabilities, set forth in the thir- 
ty-eighth and forty-fourth chapters of the Revised Statutes. 



Corporators. 



Purpose. 



Location. 

Powers, duties, 
&c. 



Real estate, 
;^200,000. 

May hold stock 
in Clinton Gas 
Light Co. 
Capital, 
^500,000. 

No shares to 
be issued un- 
der par. 



1854.— Chapter 90. 59 

Sect. 2. Said corporation may, for the purposes afore- Real estate, 
said, hold real estate to the amount of twenty thousand f^p^t^'i^ ' 
dollars, and the whole amount of the capital of said corpo- 530,ooo. 
ration shall not exceed thirty thousand dollars. 

Sect. 3. The Douglas Axe Manufacturing Company, and other corpora- 
the Uxbridge Cotton Mills, are, and each of them is, hereby ^gi^cL™''^ ^°^*^ 
empowered, to take and hold shares in the capital stock of 
the said reservoir corporation, in such amounts as the said 
corporations, or each of them, shall deem proper ; and such 
shares, when votes to that effect shall be adopted by said 
companies, respectively, shall become, and forever remain, 
appurtenant to the mill privilege owned by said companies, 
respectively. 

Sect. 4. Each of the said manufacturing corporations. Corporations 
may, at all corporate meetings of the corporation hereby ™^^ '^'°^^' ^^^' 
established, by their respective agents duly appointed for 
such purpose, cast as many votes as such corporation shall 
own shares of the capital stock of the said reservoir cor- 
poration, and the stockholders, officers, or agents of the 
said manufacturing corporations may be eligible, as officers 
of said reservoir corporation. 

Sect. 5. Any person, whose land is overflowed or oth- Compensation 
erwise injured by the water of said reservoir, and who has how'^obtamed. 
not already received compensation therefor, may obtain 
compensation for the same, in the manner provided in the 
one hundred and sixteenth chapter of the Revised Statutes, 
and in the several acts in addition thereto, and in amend- 
ment thereof. 

Sect. 6. The stockholders of the said Reservoir Com- Liability of 
pany shall be, jointly and severally, individually liable for stockholders, 
all damages that may result to any and all persons, in con- 
sequence of the construction of said reservoir, except 
where compensation has already been made therefor, to the 
same extent that individuals would be in like cases. 

Sect. 7. No shares in the capital stock of said corpo- No shares to 
ration shall be issued, for a less sum or amount, to be ac- ^er p^^r!*^ ^^" 
tually paid in on each, than the par value of the shares 
which shall be first issued. 

Sect. 8. This act shall take effect from and -after its 
passage. [Approved by the Governor, March 16, 1854.] 



60 1854.— Chapters 91, 92. 

Chap, 91. -An Act to incorporate the Young Men's Library Association of Taunton. 

Be it enacted by the Senate and House of Representa- 
tives, in General Coiirt assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. George B. Atwood, 'George A. Crocker, and 
Edmund H. Bennett, their associates and successors, are 
hereby made a corporation, by the name of the Young 
Purpose. Men's Library Association of Taunton, for the purpose of 
instituting and maintaining a library and reading-room, ad- 
vancing useful arts and sciences, and promoting public 
Powers,duties, instruction, by lectures, or otherwise ; with all the powers 
^'^' and privileges, and subject to all the duties, restrictions 

and liabilities, set forth in the forty-fourth chapter of the 
Revised Statutes. 
Real and per- Sect. 2. The Said corporation may hold real and per- 
noTtVexceed soual estate, to be used for the purposes aforesaid, not 
§50,000. exceeding, in all, the value of fifty thousand dollars, the 
How vested, legal title of which shall be vested in five trustees, to be 
appointed by a majority of the members of the corporation. 
Investment of Sect. 3. All investments of the funds of the corpora- 
funds, &c. ^Jqj^ ^^ j.gg^j estate, or in any securities drawing interest, 
shall be made by the said trustees, and be subject to their 
control and disposal ; but no sale or transfer of the library 
shall be made, unless the same shall be authorized by a vote 
of the corporation. 
Members and Sect. 4. All male inhabitants of Taunton, above the 
trustees. ^^^ ^^ fourteen years, shall be eligible as members of the 
corporation, and entitled to vote and to act as officers 
thereof, excepting, that no person under twenty-one years 
of age shall be a trustee. 

Sect. 5. This act shall take effect from and after its 
passage. [Approved by the Gover^ior, March 16, 1854.] 

Chap, 92. An Act relating to Notices of Meetings of Commissioners upon the 

Insolvent Estates of Deceased Persons. 

Be it, enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Seven days' no- That all commissioners appointed by the judges of pro- 

ing^s,°&c!^^*" b^te upon the involvent estates of deceased persons, shall 

give to all known creditors of said deceased persons, written 

notice, by mail or otherwise, of all meetings held by them 

for the examination and proof of claims due from said 



tors. 



1854.— Chapters 93, 94. 61 

estates, seven days, at least, before the time of holding said 

meetings; and that the executors or administrators upon 

all said estates, shall furnish said commissioners with a list List of credi- 

of all creditors, with their places of residence, so far as the 

same may be known to them, fourteen days, at least, before 

the first meeting of said commissioners. [Approved by the 

Governor, March 16, 1854.] 

An Act in relation to deliverincr Intoxicating Liquors to Persons in Qhcip. 93. 

Custody. ^ 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The provisions contained in section thirty-seven of chap- ch. us, sec. 
ter one hundred and forty-three of the Revised Statutes, ^^•■^^^- *°^P' 
shall apply to every person who shall give or deliver any 
intoxicating liquor to any person confined in any jail, house 
of correction, or prison, or to any person in custody of any 
sheriff, constable, police officer, jailer, master of house of 
correction, or warden of prison, in the Commonwealth, un- 
less under the direction of the physician appointed to 
attend upon such prisoners. [Approved by the Governor, 
March 16, 1854.] 



An Act in addition to the Act to incorporate the Metropolitan Railroad Chan. 94. 

Company. ■^' 

Be it enacted by the Se7iat'e and House of Representa- 
tives, in General Court assembled, and by the authoj'ity of 
the same, as follows : 

Sect. 1. That at anytime after the expiration of one Track may be 
year from the opening for use of the tracks of said railroad, discontinued, 
in any street in which the same may be located, as provided 
by its charter, the mayor and aldermen of the cities of 
Boston and Eoxbury, respectively, may, by vote of the major 
part thereof, determine as to so much of said track as is 
located within the limits of their respective cities, that the 
same, or any part thereof, be discontinued ; and thereupon 
the location shall be deemed to be revoked, and the tracks 
of said railroad shall forthwith be taken up and removed, 
in conformity with such vote or order of said mayor and 
aldermen : provided, that such taking up and removal shall Proviso, 
be at the expense of said railroad company. 

Sect. 2. The rates of fare upon the said railroad, be- Fare. 



62 1854— Chapter 95. 

tween any two points in the city of Boston, shall never 
exceed five cents for each passage, unless with the assent of 
the mayor and aldermen of said city. 
Notice given to Sect. 3. Noticc to abuttors on streets, in which it may 
abutters. ^^ proposcd to lay the tracks of said corporation, shall be 
given by the publication in one or more newspapers, pub- 
lished in the cities of Boston and Roxbury, of an order of 
notice from the mayor and aldermen of said respective 
cities, fourteen days, at least, prior to the location of any 
such tracks. 
Boston and Sect. 4. Either of the cities of Boston or Roxbury, if 
purchase.'&^c! it SO clcct, may purchase, on the same terms and conditions 
as are mentioned in the seventh section of the act to which 
this is in addition, that part of the corporate property of 
the company which relates to or lies within its own limits ; 
paying therefor a proportional sum, to be ascertained by 
commissioners to be appointed by the supreme judicial 
court. 
Act to be void, Sect. 5. TMs act shall be void and of no effect, unless 
un ess, c. ^j^^ same shall be accepted by the city council of the cities 
of Boston and Roxbury, respectively, within one year from 
the date hereof. [Approved by the Governor, March 16, 
1854] 



Chap. 95. An Act in addition to an Act entitled, "An Act in addition to an Act 
to provide for the Confinement of Idiots and Insane Persons." 

Be it enacted by the Senate cuul House of Representa- 
tives, in General Court assembled, and by the autltority of 
the same, as folloios : 

Lunatics, &c., Sect. 1. Any luuatic or insane person, confined in any 
der^o/govcTnor jail or housc of corrcctiou, by authority of a certificate of 
the trustees of the State Lunatic Hospital, according to the 
provisions of the fifteenth section of the forty-eighth chap- 
ter of the Revised Statutes, or by any other legal authority, 
may be removed therefrom to either of the lunatic hospitals, 
or to any other jail, house of correction, or other suitable 
place, by order of the governor, whenever it shall be made 
to appear to him that such removal would be expedient and 
just. 
Sheriff to exe- Sect. 2. In any such case, it shall be the duty of the 
cutesuchor er g|^gpj£f ^f ^j^^ county in wMch is the jail or house of correc- 
tion from which the removal is to be made, to execute such 
order of the governor, and to convey such insane person to 
the jail, house of correction or hospital, mentioned in said 
order. 



1854.— Chapters 96, 97, 98. 63 

Sect. 3. This act shall take effect from and after its pas- 
sage. [Appi^oved by the Governor, March 16, 1854.] 

An Act to establish a Fire Department in the Town of Northampton. Chap. 96. 

Be it enacted by the Senate and Hotise of Representa- 
tives, in Ge7ieral Court assembled, arid by the authority of 
the same, as follows : 

Sect. 1. A fire department is hereby established in the 
town of Northampton, subject to all the duties and liabili- Duties, liabili- 
ties, and with all the powers and privileges, set forth and ^^^' 
contained in an act entitled "An Act to regulate Fire De- 
partments," passed on the ninth day of April, in the year 
one thousand eight hundred and thirty-nine. 

Sect. 2. This act shall take eifect from and after its 
passage. [^Approved by the Governor, March 17, 1854.] 

An Act in addition to "An Act relating to the State Library." Chap. 97. 

Be it enacted by the Senate and House of Bepresenta- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

The salary of the assistant librarian and the clerk of the Additional 
secretary of the Board of Education, in addition to his ^^^^^y- 
present salary, shall receive the sum of one hundred dollars, 
to be paid in quarterly payments out of the treasury of the 
Commonwealth, the said payments to commence on the first 
day of April, eighteen hundred and fifty-four. [^Approved 
by the Governor, March 17, 1854.] 

An Act to incorporate the Suffolk Iron Works. Chap. 98. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. John D. Richardson, Josiah Dunham, Jr., J. Corporators. 
Avery Richards, their associates and successors, are hereby 
made a corporation, by the name of the Suffolk Iron Works, 
for the purpose of manufacturing castings and machinery, Purpose, 
in the city of Boston ; and for these purposes, shall have all 
the powers and privileges, and be subject to all the duties, Powers,duties, 
restrictions and liabilities, set forth in the thirty-eighth and ^'^' 
forty-fourth chapters of Revised Statutes. 

Sect. 2. Said corporation may hold real and personal Hold real and 
estate, necessary and convenient for the purposes aforesaid, p^'^^°'^^^®^*^*® 



64 



1854.— Chapters 99, 100. 



No shares to 
be issued un- 
der par. 



not exceeding in amount two hundred and twenty thousand 
dollars. 

Sect. 3. No shares in the capital stock of said corpora- 
tion 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. 

Sect. 4. This act shall take efi'ect from and after its 
passage. [Approved by the Governor, March 17, 1854.] 



Chap. 99. An Act to incorporate the New England Gas Regulator Manufacturing 

Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Elisha B. Pratt, John M. Mayo, and Frederick 
Nickerson, their associates and successors, are hereby made 
a corporation by the name of the New England Gas Regu- 
lator Manufacturing Company, for the purpose of manufac- 
turing and selling gas regulators iu the city of Boston, with 
, all the powers and privileges, and subject to all the duties, 
restrictions and liabilities, set forth in the thirty-eighth and 
forty-fourth chapters of the Revised Statutes. 

Sect. 2. Said corporation, for the purposes aforesaid, 
may hold real estate not exceeding in value fifty thousand 
dollars ; and the whole capital stock thereof shall not ex- 
ceed one hundred and fifty thousand dollars. 

Sect. 3. No shares in the capital stock of said corpora- 
tion 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 be first issued. 

Sect. 4. This act shall take eflfect from and after its 
passage. [Approved by the Governor, March 17, 1854.] 



Corporators. 



Purpose. 



Powers, duties 
&c. 



Real estate, 
§50,000 ; 
capital, 
§150,000. 



No shares to 
be issued un- 
der par. 



Chap. 100 An Act concerning the Middlehorough and Taunton Railroad Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by tlie authority of 
the same, as folloivs : 

Time extended That the time fixed by the original act incorporating the 
Middlehorough and Taunton Railroad Company, for the 
construction of said railroad, is hereby extended for one 
year, from the first day of September, eighteen hundred 
and fifty-four. [Approved by the Governor, March 17, 
1854.] 



1854.— Chapters 101, 102. 



65 



An Act to authorize Jerome G. Kidder to extend his Wharf. Chap. 101 

^ Be it enacted hy the Senate and House of Representa- 
tives, m General Court assembled, and by the authority of 
the same, as follows : 

Jerome G. Kidder, proprietor of a wharf and flats sit- 
uated on Marginal Street, in the town of Chelsea, on lots 
numbered eleven, twelve, and thirteen, on a plan made bv 

c .^ w.'''"^.'''.''' eighteen hundred and forty-six, of the lands 
of the Wmnisimmet Company, is hereby authorized to ex- May extend 
tend and maintain his wharf into the harbor channel of Chel- ''^"^• 
sea Creek, as far as the line established by the act entitled 

An Act to preserve that part of the harbor of Boston 
called Chelsea Creek, and to prevent encroachments there- 
on, passed on the second day of May, in the year one 
thousand eight hundred and forty-nine; and shall have the 
right to lay vessels at the end and sides of said wharf, and Rights, &e. 
receive wharfage and dockage ih^v^fov: provided, hoioever. Proviso, 
that this grant shall not be construed to extend to any flats 
or land of this Commonwealth, lying in front of the flats 
ot any other person, or which would be comprehended by 
the true mes of such flats, continued to the said commis- 
sioners line: and provided, also, that so much of said Provided, also, 
wharf as may be constructed below low-water mark, shall 
be built on piles; which piles shall not be nearer to each 
other than six feet, in the direction of the stream, and eio-ht 
iept m a transverse direction ; and that this act shall, in'no 
wise impair the legal rights of any person whatever. \Ap. 
proved by the Governor, March 18, 1854 ] 



An Act authorizing Henry F. Pitman to build a Wharf. Chap. 102 

Be it enacted by the Senate and House of Representa- 
tives, m General Court assembled, and by the authority of 
the same, as follows : -^ ^ 

Henry F Pitman is hereby authorized to build and main- 
tain a wharf from his land, known as the ship-yard, on the 
nojtWest side of the harbor of Marblehead, and to extend wharfini. 
the same two hundred feet into the harbor; and he shalP^etad" ' 
bave the right to lay vessels at the end and sides of said Rights, &c 
wharl, and receive wharfage and dockage therefor : provided Proviso. 
Wz;.r that this act shall in nowise affect the private 
rights of any person or persons whatever. [Approved by 
the Governor, March 18, 1854.] 

9 



in Mar- 



66 1854.— Chapter 108. 

Chap. 103 An Act in addition to An Act to incorporate the Proprietors of India 

Wharf. 

Be it e?iacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Shares held as Sect. 1. The sliares of the individual proprietors in the 
personal prop- corporate property of the " Proprietors of India Wharf," 
shall hereafter be personal property, and shall be held, 
Proviso. transferred and disposed of as such : provided, the said Pro- 

prietors of India Wharf shall, at a meeting duly held, 
accept this act, and provided, also, that all the present 
shareholders shall, by deeds duly executed, -with release of 
dower when necessary, convey to the said corporation the 
shares by them respectively held. 

Sect. 2. Upon such conveyances being made, the said 
corporation shall, by vote, divide their corporate property 
into such a number of shares as they may think expedient. 
Certificates of and shall issuc to each proprietor a certificate of so many 
shares issued, gi^a^gg ^g shall be cqual to his interest in the corporate 
property conveyed by him to the said corporation, as afore- 
said. The said corporation may, by their by-laws, prescribe 
the form of such certificate, and the mode of transfer there- 
of. 
Trustees, &c., Sect. 3. In casc any of the present shares in the said 
convey s ares. (,QppQj.jj^^Q property are now held by trustees, executors, or 
guardians, such trustees, executors and guardians, are here- 
by authorized to convey the same to the said corporation, 
and in lieu thereof to receive certificates of so many of the 
new shares as shall be equal to their respective interests : 
Proviso. provided, however, that the new shares so received, shall be 
taken and held by them respectively upon the same trusts 
and for the same uses and purposes, and subject to the same 
limitations, as their present shares are now holden : and 
Provided, also, ^royic^ec?, also, that such trustees, executors, and guardians, 
shall give sufficient bond to the judge of probate for the 
county in which they shall respectively have been appointed, 
or in case their appointment shall have been by deed, to the 
judge of probate for the county in which they shall respec- 
tively reside, to hold and account for the said shares, and 
the proceeds thereof, according to the terms of their re- 
spective trusts. But such bond may be in any case dis- 
pensed with, provided, the same shall not be required by 
the terms of the deed or will creating such trust : and pro- 
vided, also, that all the parties beneficially interested in the 



1854. — Chapter 104. 



67 



trust fund shall so request in writing, and shall cause such 
request, with the approval of the judge of probate thereon, 
to be filed in the probate office for the county in which such 
bond would otherwise be given. 

Sect. 4. In case any of the present shares in the said Married wo- 
corporate property are now held by any married woman, in ^tres°i^°^h • 
her own right, the new shares issued to such married woman ownTighJ ^"^ 
shall also be held by her, in her own right, in the same man- 
ner as married women are authorized to hold property for 
their own use, according to the provisions of the statute of 
eighteen hundred and forty-five, chapter two hundred and 
eight; and the same shall appear in the certificate issued 
for such shares. 

Sect 5. The taxes on the real estate owned by the said Taxes assessed 
corporation, shall be assessed to the said corporation ; and 
m assessing the individual proprietors for their shares, there 
shall first be deducted from the value thereof, the value of 
such real estate. 

Sect. 6. So much of the act, passed March third, eight- inconsistent 
een hundred and eight, as provides that the shares of the ^'^' repealed, 
individual proprietors in the corporate property of the said 
proprietors, shall be real estate, and be subject to the inci- 
dents of real estate ; and so much of the said act as is 
inconsistent with the provisions of this act, is hereby re- 
pealed. [Approved by the Governor, March 20, 1854.] 

An Act in addition to An Act to incorporate the Brookline Gas Light Chap 104 

_ Be it enacted by the Senate and House of Representa- 
tives, in Getieral Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1 The Brookline Gas Light Company are hereby Capital in- 
authorized to increase their capital stock, to an amount not "^^'^'^■ 
exceeding three hundred thousand dollars; and to invest 
such increase in real and personal estate, necessary and 
convenient for carrying on the business of said corporation. 

Sect. 2. Said corporation are hereby authorized to ex- May extend 
tend their pipes within the limits of the town of Brighton, P'p*^'^- *°- 
and the cities of Boston and Roxbury, and to sell gas on 
the line of such extension. 

Sect. 3. No shares in the capital stock of said company No shares to 
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. 

Sect. 4. Said corporation, with the consent of the sc- May open the 



68 1854.— Chapter 105. 

ground, lay lectmen of the town of Brookline, and of the mayor and 
pipes, c. aldermen of the cities of Boston and Roxbury, respective- 
ly, shall have power and authority to open the ground in 
any part of the streets, lanes, and highways in said town 
and cities, 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 company, after opening 
the ground in said streets, lanes, and highways, shall be 
held to put the same again in repair, under the penalty of 
Proviso. being prosecuted for a nuisance : provided, however, that 

said selectmen, and mayor and aldermen, for the time being, 
shall, at all times, have the power to regulate, restrict, and 
control the acts and doings of said company, which may in 
any manner affect the health, safety, or convenience of the 
inhabitants of said town and cities. 

Sect. 5. This act shall take effect from and after its pas- 
sage. [^Apjproved by the Governor, March 20, 1854.] 

Chup. 105 An Act to incorporate the Nahant Steam-boat Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Corporators. Sect. 1. Francis S. Newhall, Paran Stevens, Ezra Ba- 
ker, their associates and successors, are hereby made a cor- 
poration, by the name of the Nahant Steam-boat Company, 
Purpose. for the purposc of owning and running a steam-boat or 
steam-boats, for the convenience of the public travel, and the 
transportation of merchandise, between Boston and Nahant, 
and from either of said places to other places in Massachu- 
Powers, duties, sctts Bay ; with all the powers and privileges, and subject 
**=• to all the duties, liabilities and restrictions, set forth in the 

thirty-eighth and forty-fourth chapters of the Eeviscd Stat- 
utes. 
Capital stock, Sect. 2. The capital stock of said corporation shall not 
575,000. exceed the sum of seventy-five thousand dollars : provided, 

No shares to no sharcs in said corporation shall be issued for a less sum 
be issued under qj, aQ^ount, to bc paid in on each, than the par value of the 
shares first issued ; and all debts of said corporation, shall 
be paid, before the stockholders shall receive any dividend. 
[Appi'oved by the Governor, March 20, 1854.] 



J 



1854.— Chapters 106, 107. 69 

An Act to authorize the New Bedford Institution for Savings to hold Chap. 106 

Real Estate. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloics : 

Sect. 1. The New Bedford Institution for Savings is ^S^^^lt^te, 
hereby authorized to hold real estate, to the amount of ' 
twenty-five thousand dollars : provided, that no part of said Proviso, 
amount shall be invested in real estate, except in the pur- 
chase of a suitable site, and the erection or preparation of 
a suitable building, to be used for the banking purposes of 
said corporation. 

Sect. 2. This act shall take effect from and after its 
passage. \^Approved by the Governor, March 20, 1854,] 



An Act to incorporate the Bay State Wharf Company. Chap. 107 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Barnabas Hammett, Eben H. Balch, Daniel A. Corporators. 
Baldwin, their associates and successors, are hereby made a 
corporation, by the name of the Bay State Wharf Compa- Powers, duties, 
ny, with all the powers and privileges, and subject to all the 
duties, restrictions and liabilities, set forth in the forty- 
fourth chapter of the Revised Statutes. 

Sect. 2. Said corporation may purchase and hold the May purchase 
whole, or any part, of certain land and flats, in that part of 
the city of Boston, called South Boston, within the follow- 
ing limits, to wit : between the premises of the Boston 
Wharf Company, which bound said land and flats on the 
south-easterly side, and the premises of the Old Colony 
Railroad Company's Wharf, bounding it on the westerly 
side ; bounding on First Street, on the southerly side, two 
hundred and twenty-four feet, with all the rights, privileges 
and appurtenances thereto belonging ; and said corporation 
may build and maintain a wharf, within said limits, and lay May build 
vessels thereat,* and receive dockage therefor, and may ' 
excavate docks, and may construct warehouses, stores, and 
sheds upon the land above-mentioned, and maintain and 
lease the same. 

Sect. 3. Nothing herein contained, shall authorize said No structure 

. " i. J. 1 1 J.1 • • , below commis- 

corporation to erect any structure below the commissioners sioners' line. 
line, established by chapter two hundred and twenty-nine of 



70 1854.— Chapters 108, 109. 

the acts of eighteen hundred and thirty-seven, chapter thir- 
ty-five of the acts of eighteen hundred and forty, and by 
other acts in addition to the same, which the owners of 
said land and flats may not, legally do, at the time of the 
passage hereof, or to fill up any flats which said owners 
may not now fill up. 
3,000 shares, Sect. 4. The Capital stock of said corporation, shall 
5100 each. consist of thrcB thousand shares, of one hundred dollars 
each. 

Sect. 5. This act shall take effect from and after its 
passage. [App?'oved by the Governor, March 21, 1854.] 



Ohap. 108 -^n ■'^ct authorizing the Town of Amesbury to sell and convey a Town- 
way and Landing. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sell town land. Sect. 1. That the town of Amesbury be, and hereby is, 
authorized to sell and convey a certain ancient town land- 
ing, containing about three-quarters of an acre of land, sit- 
uated in Amesbury, on Powow River, near the falls, bounded 
southerly by land of the Salisbury Manufacturing Company, 
easterly by Powow River, northerly by land of said Salis- 
bury Manufacturing Company, and westerly by a passage- 
way leading to the main road. 

Sect. 2. This act shall take effect from and after its 
passage. {^Approved by the Governor, March 21, 1854.] 

Chcip. 109 An Act to incorporate the American Hardware Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloiDS : 

Corporators. Sect. 1. Homcr Foot, Pliilos B. Tyler, their associates 
and successors, are hereby made a corporation, by the name 

Purpose. of the American Hardware Company, for the purpose of 

manufacturing furniture, castors, and other hardware, in the 
city of Springfield, in the county of Hampden ; with all the 

Pawers,duties, powcrs aud privileges, and subject to all the duties, restric- 
tions and liabilities, set forth in the thirty-eighth and forty- 
fourth chapters of the Revised Statutes. 

Real estate, Sect. 2. Said corporation may hold, for the purposes 

500,000. aforesaid, real estate, necessary and convenient for carrying 

on the business of said company, not exceeding in amount 



1854.— Chapters 110, 111. 71 

fifty thousand dollars, and the whole capital stock of said Capital, 
corporation shall not exceed one hundred and fifty thousand ^ ^ ' * 
dollars. 

Sect. 3. No shares in the capital stock of said company No shares to 
shall be issued for a less amount than the par value of the der pTr! 
shares which may be first issued. 

Sect. 4. This act shall take effect from and after its 
passage. [Approved by the Governor, March 21, 1854.] 



An Act to authorize Epes Merchant and his associates to build a Wharf. Chcip. 110 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Epes Merchant and his associates are hereby authorized Wharf in 

• • • Gloucester 

to build and maintain a wharf, extending one hundred and 
fifty feet from a bank wall which incloses the upland at 
Leighton's Hill, at the head of the harbor, in the town of 
Gloucester, to be called Merchant's Wharf; and shall have 
the right to lay vessels at the end and sides of said wharf, Rights, &c. 
and to receive wharfage and dockage therefor : provided. Proviso, 
that this grant shall not interfere with the legal rights of 
any person. [Approved by the Governor, March 21, 1854.] 

An Act to incorporate the New Bedford, Vineyard and Nantucket Chcip. Ill 
Steam-boat Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Thomas Mandell, David R. Greene, Joseph Corporators. 
Grinnell, their associates, successors and assigns, are here- 
by made a corporation, by the name of the New Bedford, 
Vineyard and Nantucket Steam-boat Company, for the pur- Purpose, 
pose of running steam-boats and sailing vessels, for the 
convenience of the public travel and the transportation of 
merchandise, between New Bedford and Nantucket, and 
between New Bedford and other ports and places, and for 
the towing of ships and vessels ; with all the rights and 
privileges, and subject to all the duties, liabilities, and re- 
strictions, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 

Sect. 2. Said corporation may hold such real and per- ^^p^*^},v 
sonal estate as may be necessary for the purposes afore- 
said; but the capital stock of said company shall not 
exceed one hundred and fifty thousand dollars. 



72 



1854.— Chapters 112, 113. 



No shares to 
be issued un- 
der par. 



Sect. 3. No shares in the capital stock of said company 
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 ; and the par value is hereby fixed at one hun- 
dred dollars for each share. [Appj^oved by the Governor, 
March 21, 1854.] 



May extend 
wharf. 



Chap. 112 An Act to authorize Daniel D. Kelly and William Kelly to extend their 

Wharf. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Daniel" D. Kelly and William Kelly, proprietors of a 
wharf and flats, in that part of Boston called East Boston, 
and bounded on Marginal Street, arc hereby authorized to 
extend and maintain their wharf into the harbor channel, as 
far as the line established by the act entitled "An Act con- 
cerning the Harbor of Boston," passed on the seventeenth 
day of March, in the year one thousand eight hundred and 
forty ] and shall have the right to lay vessels at the end 
and sides of said wharf, and receive wharfage and dockage 
therefor : provided, however, that this grant shall not be 
construed to extend to any flats or land of this Common- 
wealth, lying in front of the flats of any other person, or 
which would be comprehended by the true lines of such 
flats, continued to the said commissioners' line : and pro- 
Provided, fur- vided, further, that so much of said wharf as may be con- 
structed below low-water mark shall be built on piles, 
which piles shall not be nearer to each other than six feet, 
in the direction of the stream, and eight feet in a transverse 
direction, and that this act shall in nowise impair the legal 
rights of any person whatever. ^Approved by the Governor, 
March 21, 1854.] 



plights, &c. 



Proviso. 



Chap. 113 An Act to incorporate the IVJaverick Oil Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Samuel W. Hawes, D. S. King, D. S. Green- 
ough, their associates and successors, are hereby made a 
corporation by the name of the Maverick Oil Company, for 

Purpose. the purpose of manufacturing oil in that part of Boston 



1854.— Chapters 114, 115. 



73 



called East Boston, with all the powers and privileo-es and 
l""^' .1 . .*\^,^^tie,V''^'^'*^°^^ ^^^ liabilities, s'et forth 
Statutes'^ fortj.fourth chapters of the Revised 

r^v^^^i ^' ^^'"^ corporation may hold real and personalReai and per-' 
property, necessary and convenient for the purposes afore- ITo^,^''''' 
said to an amount not exceeding two hundred and fifty ^' 
thousand dollars. -^ 

V.^nT:dh W '^'T/ '"^ i^' '^P^*^^ '*°^^ «f «^id COrpo- No shares to 

ration shall be issued for a less sum or amount, to be actuallv ^/ '"''''^ "°- 

Sect. 4. This act shall take effect from and after its 
passage. [Approved by the Governor, March 22, 1854.] 

An Act to aothome A. W. Fernald B. L. Fernald, and Amasa Nick- Chat) lU 
erson, Jr., to build a Wharf. ^nap. 114 

fiZ'tT''"'^^V^'' '^'"^'^ '^'^^ House of Representa. 
twes, m Genera Conrt assembled, and by the authority of 
the same, as follows : ^ •' 

r.rtZ\l^"lft' ?• ^^^™^.l^' ^^d ^^asa Nickerson, Jr., Wharf m East 
proprietors of land and flats in that part of Boston called ^°^^-- 
J^ast Boston, and bounded on Border Street, are herebv 
authorized to build and maintain a wharf, upon and from 
P^fn h^i f^'^'lT^ ^^t« Boston Harbor, as far as the line 
established by the act entitled "An Act concerning the 
Harbor of Boston," passed on the seventeenth day of 
March, m the year one thousand eight hundred and forty 
and to lay vessels at the end and sides of said wharf, and 

muToft-ff r' ^''^^^' '"'''''''■• provided, X^2..Vr..:.o. 
much of said wharf, as may be constructed below low-water 
mark, shal be built on piles, which piles shall not be niarer 
to eaph other than six feet, in the direction of the stream, 

thatTht nn? /""if-*'"^'^''''.^^^''^*^"^^^ ^^^ provided, also, 
that this act shall m nowise impair the legal rights of anv 

Ta^l 22, S.]^ "'^^^^^^- ^^^^'-^^ 'y ^^- ^'—0.^ . 

An Act to authorize Salma E. Gould to extend his Wharf. Qhap 115 

Be it enacted by the Senate and House of Representa- 

10 



74 1854.— Chapters 116, 117. 

ton, and lyipg between and adjoining the land and flats of 
A. and G. Fernald, and the Sullivan heirs, is hereby author- 
ized to build, extend and maintain his said wharf into the 
channel, as far as the line established by an act entitled 
"An Act concerning the Harbor of Boston," passed on the 
seventeenth day of March, in the year one thousand eight 
Proviso. hundred and forty : provided, that so much of the said wharf 

as may be constructed below low-water mark, shall be built 
on piles, which piles shall not be nearer to each other than 
six feet, in the direction of the stream, and eight feet in a 
transverse direction ; and that this act shall in nowise affect 
the legal rights of any person or corporation. [^Approved 
by the Governor, March 22,1854.] 

Chcip. 116 An Act in further addition to an Act to incorporate the People's Mutual 

Fire Insurance Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Additional The Pcoplc's Mutual Fire Insurance Company, established 

real estate. g^^ Worcester, is hereby authorized to hold real estate, not 
exceeding in value twenty-five thousand dollars, exclusive of 
such as may be taken for debt, or held as collateral security 
for money due said company, in addition to the real estate 
which said company is allowed to hold, by an act passed 
April twenty-third, eighteen hundred and fifty; and may 
invest a part of its guarantee capital in the purchase of 
said real estate. \_Approved by the Govei^nor, March 22, 
1854.] 

Chap. 117 An Act to incorporate the Greenfield Stock and Mutual Fire Insurance 

Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. "Wendell T. Davis, Ira Abercrombie, "William 

Keith, their associates and successors, are hereby made a 

corporation, by the name of the Greenfield Stock and Mu- 

Duration. tual Fire Insurance Company, for the term of twenty-eight 

Purpose. years, for the purpose of insuring dwelling-houses, and 

oiher buildings, and personal property, against loss by fire ; 

Powers,duties, With all the powcrs and privileges, and subject to all the 

^*^' duties, liabilities and restrictions, set forth in the thirty- 



1854.— Chapter 118. 75 

seventh and forty-fourth chapters of the Revised Statutes : 
provided, however, that no policy shall be issued by the Proviso, 
company until property to the amount of one hundred thou- 
sand dollars is subscribed to be insured. 

Sect. 2. Said company, after its organization, may open Guarantee cap- 
books of subscription for a guarantee capital of fifty thou- ^ ^ ii^crease . 
sand dollars, with leave to increase the same to the sum of 
one hundred thousand dollars, which shall be paid in within 
three years from the passage of this act ; and whenever 
said sum of fifty thousand dollars shall be subscribed, as 
aforesaid, said corporation may insure and issue policies, 
otherwise than upon the mutual principle. Said guarantee 
capital shall be divided into shares, by said corporation, 
and shall be entitled to receive a semi-annual dividend, not 
exceeding four per centum ; and said corporation may invest Funds, hawin- 
its funds in any manner insurance companies or savings ^^^^^ ' 
banks are, or may be, authorized to do. 

Sect. 3. Xt the annual meeting next after the time of Profits, how 
issuing policies upon the stock principle, and at such sue- ^pp"^"?^'^ 
ceeding annual meeting, said corporation may cause an exam- 
ination to be made of any surplus or profits accruing and 
remaining from the receipts or income of business done 
upon the stock principle, and if, after providing for all out- 
standing risks, losses, interest on guarantee capital, inci- 
dental expenses and other liabilities, chargeable to that 
portion of the business done upon the stock principle, there 
shall remain any surplus or profits, the same may be set 
aside, as a reserve fund, to be applied to the redemption of 
the guarantee capital. And whenever, after the expiration 
of ten years from the commencement of business upon the 
stock principle, there shall be a sufficient amount of reserved 
fund to redeem the whole or a part of said guarantee cap- 
ital, and the corporation shall vote to redeem it, the same 
shall be redeemed : provided, however, that it shall not be Proviso, 
redeemed in less amounts, at one time, than twenty-five per 
cent, of the capital existing at the time of such redemption. 
\^Approved by the Governor, March 22, 1854.] 

An Act to authorize Christopher Lufkin to build a Wharf. Chap. 118 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Christopher Lufkin is hereby authorized to build and Wharf in 
maintain a wharf, extending one hundred feet from a bank 



76 1854.— Chapters 119, 120. 

wall which encloses his upland at Rowe's Bank, at the head 
of the harbor, in the town of Gloucester, to be called Luf- 
Rights, &c. kin's Wharf; and shall have the right to lay vessels at the 
end and sides of said wharf, and to receive wharfage and 
dockage therefor : provided, that this grant shall not inter- 
fere with the legal rights of any person. [^Approved by the 
Governor, March 22, 1854] 

Chap. 119 An Act to incorporate the Merchants' Manufacturing' Company. 

Be it enacted by the Se7iate and House of Representa- 
tives, i?i General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Francis Brinley, Samuel Nicolson, Joseph West, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Merchants' Manufacturing Com- 
Purpose. pany, in the county of Suffolk, for the purpoge of manufac- 
turing machinery and articles composed in part or whole of 
iron or other materials, and using, improving, working or 
Powers,duties, disposing of the same ; with all the powers and privileges, 
*"• and subject to all the duties, restrictions and liabilities, set 

forth in the thirty-eighth and forty-fourth chapters of the 
Revised Statutes. 
Real estate, Sect. 2. Said Corporation may, for the purposes afore- 
capital, ' said, hold real estate not exceeding in value one hundred 
pso.ooo. and thirty thousand dollars ; and the whole capital stock 
thereof shall not exceed three hundred and fifty thousand 
dollars. 
No shares to Sect. 3. No sharcs in the capital stock of said corpora- 
pLT^^^"'^*^^' tion 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. 

Sect. 4. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, March 22, 1854.] 

Chap, 120 An Act in addition to an Act to incorporate the Hadley Falls Company. 

Be it eriacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Capital divided The Hadley Falls Company are hereby authorized to 
divide their capital stock into shares of one^hundred dollars 
each. [Appi'oved by the Governor, Matxh 22, 1854.] 



1854.— Chapters 121, 122. 77 

An Act to authorize the Second Parish in Dorchester to sell Ministerial Chap. 121 
or Parsonage Land. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The Second Parish in Dorchester, is hereby May sell par- 
authorized to sell at public or private sale, at such time or ^°^^s« ^^^^s- 
times as it may direct, all the ministerial or parsonage 
lands belonging to said parish, and situated in the town of 
Milton, in the county of Norfolk ; and the treasurer of said Treasurer to 
parish, for the time being, shall have authority to execute ^^^'^^^^ *®®'^^- 
and deliver deeds to convey the same in fee simple, or oth- 
erwise. 

Sect. 2. The proceeds of the sale of said lands shall Proceeds, how 
be permanently invested in such manner as said parish shall '°'^^^'^^- 
direct, and the income arising therefrom shall be applied 
exclusively to the support of the ministry in said parish. 

Sect. 3. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, March 23,1854.] 

An Act in addition to an Act to incorporate the Proprietors of the Upper Ch(in. 1 22 
Locks and Canals on Connecticut River, in the County of Hampshire. ■' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. That the proprietors of the Upper Locks and Maintain and 
Canals on Connecticut River, in the county of Hampshire, "^^ '^^^^' ^^' 
may maintain and use their dams, locks and canals, or any 
portion thereof, and may construct other dams, locks and 
canals, connected therewith, for the purpose of creating a 
water-power, to use or lease to other persons or corpora- 
tions, for mechanical or manufacturing purposes. And for 
the purposes aforesaid, the said corporation shall have all Powers, duties, 
the powers and privileges, and be subject to all the duties, ^' 
liabilities and restrictions, set forth in the thirty-eighth 
and forty-fourth chapters of the Revised Statutes ; but this Not to impair 
grant shall in nowise impair the legal rights of any stock- ^^^^^ "ghts. 
holder in said company. 

Sect. 2. The said corporation are hereby relieved from Relieved from 
the obligation to support their locks, dams and canals, for o^Ugation, &c. 
the purposes of navigation, and that their said canal may be 
discontinued as a navigable highway. 



78 1854.— Chapter 123. 

Parts of acts Sect. 3. Such parts of the acts, to which this is in ad- 
repeaied. dition, as are incompatible with the provisions of this act, 

are hereby repealed. 
When to take Sect. 4. TMs act shall not take effect until it shall be 
^ ^^^' accepted by a majority of stockholders, present and voting 

at a legal meeting called for that purpose, and until a 
copy of such vote, attested by the clerk of the corporation, 
shall have been filed with the secretary of the Common- 
wealth. [Approved by the Governor, March 23, 1854.] 

Chap. 123 An Act to incorporate the Waltham Improvement Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Edward Howard, James Brown, William H. 
Keith, their associates, successors, and assigns, are hereby 
made a corporation by the name of the Waltham Im- 
provement Company, in the town of Waltham, for the 
Purpose. purpose of establishing the manufacture of watches, and the 
Powers,duties, finer articles of brass, steel and iron ; with all the powers 
and privileges, and subject to all the duties, liabilities and 
restrictions, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 
May hold real Sect. 2. Said corporation shall have power to purchase, 
estate. j^^j^j ^^^ posscss, in fee simple or otherwise, a certain tract or 

parcel of real estate in Waltham, described in a deed of Sarah 
W. Bemis and others, to Jonathan W. Bemis, and recorded 
with Middlesex deeds, book six hundred and twenty-nine, page 
four hundred and forty-seven ; also, another tract described 
in a deed of Paul Adams to George Lawton, recorded with 
Middlesex deeds, book four hundred and three, page four 
May sell, lease hundred and thirty-two, and said corporation shall have 
or mortgage. pQ^ygj. ^q grant, Sell, and convey, in fee simple, or otherwise, 
the said property, or any part thereof, and to lease, mort- 
gage, improve, or otherwise manage the same, in such man- 
ner as may be deemed most for the interest of said corpo- 
ration, and by such forms of conveyance and contract as the 
Capital, by-laws of the company shall provide ; and the capital stock 

^300,000. Q^ gg^-^ corporation, both real and personal property, shall 

not exceed the sum of three hundred thousand dollars. 

300 shares, Sect. 3. The stock and property of said corporation 

51,000 each. Q\^2i\\ be divided into shares not exceeding three hundred in 

number, and shall not be liable to assessments exceeding 

the sum of one thousand dollars on each share ; and no cer- 



1854.— Chapter 124. 79 

tificate of shares shall be issued by said corporation on No^^sha^resj^^^ 
which a less sum shall be paid than the par value ot the par. 
shares first issued. 

Sect. 4. This act shall take effect from and after its 
passage. [Approved by the Governor, March 23, 1854.] 



An Act to authorize the Proprietors of the New Bedford and Fairhaven Chap. 124 
Ferry to transfer their Charter to the Fairhaven Branch Railroad 
Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The proprietors of the New Bedford and Fair- May^^^^nsfer 
haven Ferry are hereby authorized and empowered to trans- 
fer the charter of said corporation, subject to all the 
liabilities, and with all the privileges thereby created, to 
the Fairhaven Branch Railroad Company: provided, the Proviso. 
said proprietors shall so determine to do at a legal meeting 
of the stockholders of' said corporation, duly called for 
that purpose : and provided, also, the said railroad corpora- 
tion shall agree to accept the said transfer upon the terms 

herein prescribed. ., ^ i i xr ^ r. 

Sect. 2. The said transfer may be made by deed duly Mode of trans- 
executed by the proprietors of said ferry company in favor 
of said railroad company, which deed shall be recorded m 
the books of said railroad company, and said deed shall 
vest in said railroad corporation all the rights and powers 
conferred by the charter of said ferry company, and the 
said railroad corporation shall be held to perform all and 
singular the duties prescribed thereby. 

Sect. 3. From and after the execution and delivery of Name changed 
said deed, the name of the said ferry company shall be 
chano-ed, and the said corporation shall afterwards exist 
and be known by the name of the Fairhaven Branch Rail- 
road Company. ^ . -, ^ ,t .• x. 

Sect. i. The said corporation shall not be required to Meetings, &c. 
hold separate meetings as a ferry company, but all acts 
needful and proper to be done shall be done at regular or 
special meetings of the railroad corporation, or by the di- 
rectors thereof, and all expenses incident to the manage- 
ment of said ferry, and all profits arising therefrom, shall 
be borne by, and shall accrue to, said railroad corporation. 
[Approved by the Governor, March 24, 1854.] 



80 



1854.— Chapter 125. 



May borrow 
money. 



Removal of 
prisoners. 



Chap. 125 ■'^n Act to authorize the County Commissioners of Franklin County to 
Borrow Money, and do other acts in reference to building a New 
Jail. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The county commissioners for the county of 
Franklin, are hereby authorized and empowered to borrow, 
on the credit of said county, in addition to the amount of 
debt they are now authorized to contract, a sum not ex- 
ceeding twenty thousand dollars, the same to be expended 
by the said commissioners, or their successors in office, in 
providing a suitable jail and house of correction for said 
county. 

Sect. 2. When the county commissioners for the county 
of Franklin shall deem it necessary to remove any prison- 
ers, who may be committed to or confined in the house of 
correction or jail in said county, to a place of greater se- 
curity, it shall be lawful for the sheriff of said county, or 
his deputy, and he is hereby authorized to remove upon the 
order of said commissioners, all such prisoners, as well 
those confined for debt, as for any other cause, to the house 
of correction or jail in Northampton, in the county of Hamp- 
shire ; and the keeper or keepers of said jail and house of 
correction, is and are hereby authorized to receive and de- 
tain in his or their custody all such prisoners so removed, 
and shall have the same powers, and shall perform the same 
duties in respect to such prisoners, as if they had been 
originally committed in said county of Hampshire ; and all 
the rights and privileges of debtors and creditors interest- 
ed in such commitments shall remain the same, as if such 
debtors had continued in jail in Franklin County. And it 
is hereby made the duty of the proper magistrates and offi- 
cers of the county of Hampshire to administer all oaths, 
and perform all services necessary for securing to all pris- 
oners removed under the provisions of this act, the same 
benefits and privileges that they would have been entitled 
to, had they remained in confinement in Franklin County : 
provided, however, the consent of the county commissioners 
of the county of Hampshire, thus to use and occupy the 
said jail and house of correction in Northampton, be first 
had: provided, also, that all expenses occasioned by the 
operation of this section, shall be paid by the county of 
Franklin. 



Proviso. 



1854— Chapters 126, 127. 81 

Sect. 3. This act shall continue and be in force until Act to con- 
the county commissioners for the county of Franklin shall ^^""^ '" ^*'"^- 
decide that the jail and house of correction in said county 
are sufficient for the safe keeping of all such prisoners as 
may be committed to them. 

Sect. 4. This act shall take effect from and after its 
passage. [Approved by the Governor, March 24, 1854.] 



An Act to authorize Richard Shackford and George Shackford to build Chap. 126 

a Wharf. ^ 

Be it e)i acted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Richard Shackford and George Shackford, proprietors of Wharf in East 
land and flats in that part of Boston called East Boston, ^°s*°°- 
bounding on Border Street, are hereby authorized to build 
and maintain a wharf upon and from their said premises 
into Boston harbor, as far as the line established by the 
act entitled " An Act concerning the Harbor of Boston," 
passed on the seventeenth day of March, in the year one 
thousand eight hundred and forty ; and shall have the right Rights, &c. 
to lay vessels at the end and sides of said wharf, and to 
receive wharfage and dockage therefor : provided, hoivever, 
that this grant shall not be construed to extend to any flats 
or lands of this Commonwealth, lying in front of the flats 
of any other person, or which would be comprehended by 
the true lines of such flats continued to said commissioners' 
line : and provided, further, that so much of said wharf, as Proviso, 
may be constructed below low-water mark, shall be built on 
piles, which piles shall not be nearer to each other than six 
feet, in the direction of the stream, and eight feet in a 
transverse direction, and that this act shall in nowise impair Legal rights 
the legal rights of any person whatever. [Approved by the °°* iinp'^ired. 
Governor, March 24, 1854.] 

An Act in further addition to An Act authorizing the erection of a Chop. 127 
Second Hospital for the Insane. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the sam,e, as follows : 

Sect. 1. The sum of twelve thousand dollars, in addi- Additional ap- 
tion to the sum granted by the act of April twenty-seven, prop"ation. 
one thousand eight hundred and fifty-three, chapter one hun- 
dred and ninety-five, is hereby appropriated for the purpose 
11 



82 1854.— Chapters 128, 129. 

of completing the State Lunatic Hospital, at Taunton, and 
preparing the same for the reception of patients ; said sum 
to be expended under the direction of the trustees of said 
hospital. 
Necessary sup- Sect. 2. The sum of ten thousand dollars is hereby 
P^^^'- appropriated, to furnish the institution with the supplies 

necessary for its support, until the expense of the same 
shall be defrayed from other sources, as provided by law.^ 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, March 24, 1854.] 



Chap. 128 An Act to authorize Charles Smith to build a Wharf and Marine Rail- 

way in the Harbor of Holmes' Hole. 

Be it enacted by the Senate and House of Representa- 
' tives, in General Court assembled, and by the authority of 
the same, as follows : 

Wharf, &c.,at Charlcs Smith is hereby authorized to build and maintain 

Holmes' Hole. ^ ^j^arf and a marine railway, from his land adjoining 
Holmes' Hole Harbor, into fifteen feet of water, at low 
tide ; and not to extend more than five hundred feet, into 
said harbor, beyond low-water mark; and shall have the 

Rights, &c. right to lay vessels at said wharf, and take vessels on said 
railway, and receive wharfage, dockage and toll therefor : 

Proviso. provided, that this grant shall, in nowise impair the legal 

rights of any person whatever. [Approved by the Gov- 
ernor, March 24, 1854.] 

Chan. 129 An Act in addition to An Act to establish a Police Court in the town 
-^ " of Milford. 

Be it enacted by the Setiate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 
Town to pro- Sect. 1. The towu of Milford shall provide, at its own 
Sice'comt^''' expense, a suitable place for the holding of the Police Court 
in said town, any thing in the sixth section of the act es- 
tablishing said court to the contrary notwithstanding. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, March 24, 1854.] 



1854.— Chapters 130, 131. 83 

An Act .to incorporate the Proprietors of the Emery House in Springfield. Chap. 1 30 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Albert Morgan, Philos B. Tyler and E. D. Corporators. 
Beach, tlieir associates and successors, are hereby made a 
corporation, by the name of the Proprietors of the Em- 
ery House, in Springfield; for the purpose of erecting a Purpose. 
hotel, or boarding house, in the city of Springfield, and 
maintaining the same, and the buildings and appurtenances, 
connected therewith; and, for those purposes, shall have 
all the powers and privileges, and be subject to all the du- ^^^j^^jj^^Fes.^^ 
ties, restrictions and limitations, set forth in the forty-fourth '^ ^ ' '^^' 
chapter of the Revised Statutes. 

Sect. 2. The whole amount of real and personal estate, ^^jf^\^°gj3^Pf" 
or capital stock, which said corporation may hold, shall not 
exceed one hundred thousand dollars. 

Sect. 3. When any stockholder, in this corporation, stocky w 
shall transfer his stock in this corporation, a certificate of ^^"^ "^^ • 
such transfer shall forthwith be deposited with the city 
clerk of the city of Springfield, 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. 

Sect. 4. This act shall take efi'ect from and after its 
passage. [Approved by the Governor, March 24, 1854.] 



An Act establishing the Salaries of Certain Public Officers. Chap. 131 

Be it enacted by the Senate and House of Rejjresenta- 
iives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The several public officers herein named, shall Saianes estab- 
receive for their services an annual salary, as specified, that 
is to say : The Secretary of the Commonwealth, the sum of 
two thousand dollars ; the Treasurer and Receiver- General 
of the Commonwealth, the sum of two thousand dollars ; 
the Auditor, the sum of two thousand dollars ; the First 
Clerk in the treasurer's office, the sum of thirteen hundred 
dollars ; the Second Clerk in the treasurer's office, the sum 
of twelve hundred dollars ; the Clerk in the auditor's office, 
the sum of twelve hundred dollars ; the Sergeant-at-Arms, 



84 1854.— Chapter 132. 

the sum of thirteen hundred dollars, and the rent of the 
house occupied by him. 

Clerks. Sect. 2. The secretary, treasurer, and auditor of the 

Commonwealth are authorized to employ, from time to time, 
such clerical assistance in addition to their permanent 
clerks, as may be necessary for the despatch of the public 
business ; and the annual salaries paid to the clerks so em- 
ployed shall not exceed one thousand dollars for any one 
person. 

Paid quarterly, Sect. 3. The Said salaries shall be paid in quarterly 
payments, out of the treasury of the Commonwealth, on the 
first days of January, April, July, and October, in every 
year, and in the same proportion for any part of a quarter. 

Inconsistent Sect. 4. All laws inconsistent with the provisions of 

acts repealed, .i • , i i i j 

this act, are hereby repealed. 

Sect. 5. The salaries aforesaid shall be computed and 
paid from and after the first day of January last. 

Sect. 6. This act shall take effect from and after its 
passage. [Approved by the Governor, March 25, 1854.] 

Chap, 132 An Act to incorporate the Mechanics' Steam Mills Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the sa7ne, as follows : 

Corporators. Sect. 1. James Alley, John Chapman, Benjamin Scrib- 
ner, Jr., their associates and successors, are hereby made a 
corporation, by the name of the Mechanics' Steam Mills 
Purpose. Company, for the purpose of manufacturing and dealing in 

lumber, making and selling shoe and other boxes, and fur- 
nishing and letting steam-power for manufacturing and me- 
chanical purposes, in the city of Lynn ; with all the powers 
Powers, duties, and privileges, and subject to all the duties, restrictions and 
liabilities, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 
Real estate, Sect. 2. Said Corporation may hold real estate, not ex- 
capitai, ' ceeding twenty thousand dollars in value ; and the whole 
550,000. capital stock thereof shall not exceed the sum of fifty thou- 

sand dollars. 
No shares to Sect. 3. No sharcs in the capital stock of said corpora- 
derpar.^ ^^' ^'^^^ shall be issucd, 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. [Approved by the Governor^ March 
25, 1854.] 



1854.— Chapters 133, 134. 85 

An Act to unite the Old Colony and the Fall River Railroads. Chap. 133 

Be it enacted by the Senate and House of Representa- 
tives, in General. Court assembled, and by the authority of 
the same, as follows : 

Sect, 1. The Old Colony Eailroad Corporation and the Union of rail- 
Fall River Railroad Company are hereby authorized, at such 
times and on such terms as may be mutually agreed upon 
and approved by a majority of the votes of the stockhold- 
ers of each of said corporations, at meetings regularly 
warned for the purpose, to unite and form one corporation, 
to be called the Old Colony and Fall River Railroad 
Company. 

Sect. 2. The corporation, formed as aforesaid, shall Privileges, lia- 
have, hold, possess, and enjoy all the powers, privileges, ^ '^^^^' *'' 
rights, franchises, property, and estates, which at the time of 
such union may be held and enjoyed by both of the existing 
corporations, and be subject to all the duties, restrictions, 
obligations, and liabilities, to which, at the time of union, 
they are subject in severalty, and all suits at law or in 
equity, and all proceedings before any tribunal which may 
be pending, to which either corporation shall be a party, 
may be prosecuted and defended by the company hereby 
authorized, in like manner and with the same effect as might 
have been done, had such union not been formed. 

Sect. 3. The first meeting of the corporation hereby First meeting 
authorized, shall be called by the presidents of the two 
corporations composing its parts ; and of the time and place 
of said meeting, seven days' notice shall be given, by publi- 
cations in two newspapers in the city of Boston, and one in 
each of the counties of Plymouth and Bristol ; and at said 
meeting, persons holding stock either in the Old Colony 
Railroad Corporation, or in the Fall River Railroad Com- 
pany, shall be entitled to vote in like manner as they would 
have been, had these corporations been convened separately. 

Sect. 4. This act shall take effect from and after its 
passage. [Approved by the Governor, March 25, 1854.] 

An Act to extend the time of the State Loan to the Norwich and Wor- Chap, 134 
cester Railroad Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The treasurer of this Commonwealth is hereby Treasurer to 
authorized and directed to issue scrip or certificates of debt ^^^"^^ ^*^"^' 



86 1854.— Chapter 134. 

in the name and on behalf of the Commonwealth, and imder 
its seal, and under the hand of said treasurer, for the sum 
of four hundred thousand dollars, with coupons attached for 
interest, at the rate of five per centum per annum, payable 
semi-annually, at the office of said treasurer, and redeemable 
Redeemable in at thc samc placc, at the expiration of twenty years from 
wen } J ear*, ^j^^ g^^^^ ^^^ ^^ July, in the ycar eighteen hundred and fifty- 
seven, which scrip or certificate shall be deemed to be a 
pledge of the faith and credit of the Commonwealth, for 
the redemption thereof. And the said scrip or certificates 
shall be sold by thc treasurer, in such sums as he shall 
require or find necessary for the purpose of raising funds, 
to pay and redeem the scrip issued for the same amount to 
the Norwich and Worcester Railroad Company, under and 
by virtue of the act of March twentieth, eighteen hundred 
and thirty-seven, entitled " An Act to aid the construction 
of the Norwich and Worcester Railroad," which was made 
payable at the expiration of twenty years from the first day 
of July, eighteen hundred and thirty-seven. 
Redeem scrip Sect. 2. It shall be the duty of the treasurer of the 
issued m 1837. Commonwealth, to pay and reedeem the scrip issued as 
aforesaid, to the Norwich and Worcester Railroad Com- 
pany, whenever presented and demanded, after the same 
becomes due, out of the avails of the sale of the scrip to 
be issued under the provisions of this act, and to hold the 
scrip so redeemed, and the bond and mortgage made and 
given, and the stock transferred to the Commonwealth as 
security for the same, in pursuance of the said act of March 
twentieth, eighteen hundred and thirty-seven, to be enforced 
against said company, as herein provided. 
To pay interest Sect. 3. The Norwicli and Worcester Railroad Cora- 
sinkin^\ind. V^^Jj shall, scmi-annually, on or before thc first days of 
June and December, pay to the treasurer of the Common- 
wealth, the sum of ten thousand dollars, as interest on the 
amount paid by the Commonwealth, to redeem the said 
scrip, for the term of twenty years ; and shall also, annually, 
on the first day of December, pay to the said treasurer, for 
the purpose of creating a sinking fund, the further sum of 
ten thousand dollars, during said term of twenty years, and 
shall also pay all costs and expenses for making and issuing 
such certificates or scrip, as herein provided. 
Sinking fund, Sect. 4. Tlic Said sums of ten thousand dollars, paid 
annually, as herein before provided, together with the pre- 
mium, if any, which shall be received on the sale of said 
scrip, issued under the provisions of this act, shall be held 



1854.— Chapter 134. 87 

by the said treasurer and put- at interest, and the same, 
with the interest accruing thereon, shall constitute a sinking 
fund for the future payment and final redemption of the scrip 
issued to the said Norwich and Worcester Railroad Com- 
pany, and redeemed by the said treasurer, under the pro- 
visions of this act. And the said sinking fund shall be held Bywhomman- 
and managed by said treasurer of the Commonwealth, or ^"^ ' 
such commissioners as may be by law provided, and all rea- 
sonable charges and costs in the management thereof, being 
approved by the governor and council, shall be paid from 
the same. 

Sect. 5. At the expiration of said term of twenty years, sinking fund, 
or sooner, if the amount of the said sinking fund shall be "^"^ ^"^^ '^ 
sufl&cient therefor, the amount of said sinking fund shall be 
applied to the payment and liquidation of the said sum of 
four hundred thousand dollars, due to the Commonwealth 
from said company, for the redemption of said scrip issued 
under said act of March twentieth, eighteen hundred and 
thirty-seven ; and if, at the expiration of said term, the said 
sinking fund shall be insufficient to pay the said sum, the 
said company shall be required to pay the balance of said 
sum on the day of the expiration of said term. And on 
such payment and complete liquidation of the debt, the 
treasurer of the Commonwealth shall surrender to said com- ?^'"^®"')f'^ °^ 
pany the bond of said company, and the mortgage given to 
secure the same, and the four thousand shares of the stock 
of said company, made and given to the Commonwealth, in 
pursuance of the provisions of said act of March twentieth, 
eighteen hundred and thirty-seven. 

Sect. 6. In case of the failure of the said company to Treasurer to 
pay the interest due on the said scrip, issued under the said ^ ^possession 
act of March twentieth, eighteen hundred and thirty-seven, 
until the maturity thereof, or to pay the expenses and costs 
of issuing the scrip herein provided for, or to pay the inter- 
est semi-annually, as herein provided, or to pay annually, to 
the treasurer of the Commonwealth, the sum of ten thou- 
sand dollars, as herein provided, for a sinking fund, then, in 
such case, it shall be the duty of the treasurer of the Com- 
monwealth, to enter upon and take possession of the rail- 
road of said company, and enforce all the provisions of said 
bond given by said company to the Commonwealth, and 
make use of all the security or pledge held by the Common- 
wealth, according to the provisions of the said act of March 
twentieth, eighteen hundred and thirty-seven, for the pay- 
ment of said debt and indemnity to the Commonwealth, for 



stockholders 
necessary 



88 1854.— Chapter 135. 

all loss or injury in relation thereto. And the said mort- 
gage and pledge and the said bond are hereby declared not 
to be waived or impaired by any delay in enforcing the 
same, or by any of the provisions of this act, until the entire 
payment and satisfaction of the debt due to the Common- 
wealth, according to the true and original intent and mean- 
ing of the same. 
Assent of Sect. 7. TMs act shall not take effect unless the said 

Norwich and Worcester Railroad Company, before the first 
day of January next, at a meeting of the stockholders, duly 
notified for that purpose, shall have assented to all the pro- 
visions thereof; nor unless the same shall be approved by 
the legislature of the State of Connecticut, before the first 
day of January in the year eighteen hundred and fifty-six. 
[Approved by the Governor, March 27, 1854.] 



Chap. 135 An Aot to increase the Capital Stock of the Bristol County Bank. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloxos : 

Additional Sbct. 1. The President, Directors and Company of the 

Fk)o m Bristol County Bank in Taunton, are hereby authorized to 
increase their present capital stock by an addition thereto 
of one hundred thousand dollars, in shares of one hundred 
dollars each, which shall be paid in such instalments as the 
Proviso. 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-five. 
Remonstrance Sect. 2. If any of the Stockholders of said bank remon- 
mg. gtrate against the acceptance of the additional capital here- 
in provided, the said remonstrance shall be made in writing 
to the cashier of the bank on or before the first day of 
June next; and if the persons so objecting legally represent 
one-fourth part of the present capital stock of said corpo- 
ration, it shall not be entitled to the benefit of this act. 
Additional Sect. 3. The additional capital aforesaid, when paid 

Kx! ^"^'^^'^* in^o 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. 
Certificate Sect. 4. Bcforc Said corporation shall proceed to do 

retary of^state ^^sincss 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 



1854.— Chapter 136. 89 

bank, shall be returned into the office of the secretary of 
the Commonwealth. 

Sect. 5. This act sliall take effect from and after its 
passage.- [Approved by the Governor, March 28, 1854.] 



An Act to increase the Capital Stock of the Bunker Hill Bank, in Chap. 136 
Charlestown. 

Be it enacted by the Senate and House of Representa- 
tives, in General Coiwt assembled, and by the anthority of 
the same, as follows : 

Sect. 1. The President, Directors and Company of the Additional cap- 
Bunker Hill Bank, in Charlestown, are hereby authorized to ^^'^ ' 
increase their present capital stock by an addition thereto 
of one hundred thousand dollars, in shares of one hundred 
dollars each, which shall be paid in sucli instalments as the 
president and directors may determine : provided, that the Proviso, 
whole amount shall be paid in before the first day of May, 
in the year one thousand eight hundred and fifty-five. 

Sect. 2. If any of the stockholders of said bank remon- Remonstrance 
strate against the acceptance of the additional capital here- ^°^^'"^"^^"^ 
in provided, the said remonstrance shall be made, in writing, 
to the cashier of the bank on or before the first day of June 
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. 

Sect. 3. The additional capital aforesaid, when paid Adiitionaicap- 
into said bank, shall be subject to the same tax, regulations, tax. ^'^ ^^^ 
restrictions and provisions, to which the present capital 
stock of said bank is now subject. 

Sect. 4. Before said corporation shall proceed to do P"gf'^j^*^-*u 
business on said additional capital, a certificate, signed by secretary of 
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. 

Sect. 5. This act shall take effect from and after its 
passage. [Approved by the Governor, March 28, 1854.] 

12 ■ 



90 



1854.— Chapters 137. 138. 



Additional 
capital. 



Proviso. 



Remonstrance 
to be in writing 



Chcm. 137 An Act to increase the Capital Stock of the Pittsfield Bank, in Pittsfield 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. The President, Directors and Company of the 
Pittsfield Bank in Pittsfield, are hereby authorized to in- 
crease their present capital stock by an addition thereto of 
one hundred and fifty thousand dollars, in shares of one 
hundred dollars each, which shall be paid in such instal- 
ments as the president and directors of said bank 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-five. 

Sect. 2. If any of the stockholders of said bank remon- 
strate 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. 

Sect. 3. The additional capital stock aforesaid, when 
paid into said bank, shall be subject to the same tax, regu- 
lations, restrictions and provisions, to which the present 
capital stock of said bank is now subject. 

Sect. 4. Before said corporation shall proceed to do 
business 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 ofiice of the secretary of 
the Commonwealth. 

Sect. 5. This act shall take effect from and after its 
passage. [Appi^oved by the Goverrior, March 28, 1854.] 



Additional 
capital subject 
to tax. 



Certificate to 
be filed -with 
secretary of 
state. 



Chcip. 138 An Act to increase the Capital Stock of the Mahaiwe Bank, in Great 

Barrington. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The President, Directors, and Company of the 
Mahaiwe Bank, in Great Barrington, are hereby authorized 
to increase their present capital stock by an addition there- 
to of fifty thousand dollars, in shares of one hundred dol- 
lars each, which shall be paid in such instalments as the 



Additional 
capital. 



1854.— Chapter 139. 91 

president and directors of said bank may determine : pro- Proviso. 
videcl, that the whole amount shall be paid in before the 
first day of May, in the year one thousand eight hundred 
and fifty-five. 

Sect. 2. If any of the stockholders of said bank re- Remonstrance 
monstrate 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 repre- 
sent one-fourth part of the present capital stock of said 
corporation, it shall not be entitled to the benefit of this 
act. 

Sect. 3. The additional capital stock aforesaid, when Additional 
paid into said bank, shall be subject to the same tax, regu- ^o u^^! ^''^^^''* 
lations, restrictions and provisions, to which the present 
capital stock of said bank is now subject. 

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

Sect. 5. This act shall take effect from and after its 
passage. [Approved by the Governor ^ March 28, 1854.] 

An Act to increase the Capital Stock of the Housatonic Bank, in Stock- Qhan 139 

bridge. -^ ' 

Be it enacted by the Setiate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The President, Directors, and Company of the Additional 
Housatonic Bank, in Stockbridge, are hereby authorized to '^^p^*^^^* 
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 presi- 
dent and directors of said bank may determine : provided. Proviso, 
that the whole amount shall be paid in before the first day 
of May, in the year one thousand eight hundred and fifty- 
five. 

Sect. 2. If any of the stockholders of said bank re- Remonstrance 
monstrate against the acceptance of the additional capital ° ^^"'^"'"S 
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 rep- 
resent one-fourth part of the present capital stock of said 



92 



1854.— Chapter 140. 



Additional 
capital sub- 
ject to tax. 



Certificate to 
be filed with 
secretary of 
state. 



corporation, it shall not be entitled to the benefit of this 
act. 

Sect. 3. The additional capital stock aforesaid, when 
paid into said bank, shall be subject to the like tax, regula- 
tions, restrictions and provisions, to which the present cap- 
ital stock of said bank is now subject. 

Sect. 4. Before said corporation shall proceed to do 
business 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. 

Sect. 5. This act shall take efTect from and after its 
passage. [Approved hy the Governor, March 28, 1854.] 



Additional 
capital. 



Proviso. 



Remonstrance 



Chan 140 ^^ ^^^ ^^ increase the Capital Stock of the John Hancock Bank. 

Be it enacted by the Senate a7id House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The President, Directors, and Company of the 
John Hancock Bank, in Springfield, are hereby authorized 
to increase their present capital stock by addition there- 
to of fifty thousand dollars, in shares of one hundred dol- 
lars each, which shall be paid in such instalments as the 
president and directors may determine : provided, that the 
whole amount sliall be paid in before the first day of May, 
in the year one thousand eight hundred and fifty-five. 

Sect. 2. If any of the stockholders of said bank re- 
*°*^®^'^'*^"'^'^^monstrate 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 June next ; and if the persons so objecting legally rep- 
resent one-fourth part of the present capital stock of said 
corporation, it shall not be entitled to the benefit of this 
act. 

Sect. 3. The additional capital aforesaid, when paid 
into said bank, shall be subject to the like tax, regula- 
tions, restrictions and jDrovisions, to which the present cap- 
ital stock of said bank is now subject. 

Sect. 4. Before said corporation shall proceed to do 
business 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 



Additional 
capital sub- 
ject to tax. 



Certificate to 
be filed with 
secretary of 
state. 



1854.— Chapter 141. 93 

bank, shall be returned into the office of the secretary of 
the Commonwealth. 

Sect. 5. This act shall take eflFect from and after its 
passage. [Approved by the Governor, March 28, 1854.] 

An Act to increase the Capital Stock of the Howard Banking Company. Qhcin. 141 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The President, Directors, and Company of the Additional 
Howard Banking Company, in Boston, are hereby authorized '^^^^ 
to increase their 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 Proviso, 
whole amount shall be paid in before the first day of May, 
in the year one thousand eight hundred and fiftj^-five. 

Sect. 2. If any of the stockholders of said bank re- Remonstrance 
monstrate against the acceptance of the additional capital *°^^^'^'^"*^°s 
herein provided, the said remonstrance shall be made, in 
writing, to the cashier of the bank on or before the first day 
of June next ; and if the persons so objecting legally rep- 
resent one-fourth part of the present capital stock of said 
corporation, it shall not be entitled to the benefit of this 
act. 

Sect. 3. The additional capital aforesaid, when paid Additional 
into said bank, shall be subject to the like tax, regulations, '^.^^f^ ^^' 
restrictions and provisions, to which the present capital 
stock of said bank is now subject. 

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

Sect. 5. This act shall take eifect from and after its 
passage. [Approved by the Governor, March 28, 1854.] 



94 



1854.— Chapters 142, 143. 



Additional 
capital. 



Proviso. 



Remonstrance 
to be in writing 



Chap. 142 An Act to increase the Capital Stock of the Boylston Bank, in Boston. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The President, Directors, and Company of the 
Boylston Bank, in Boston, are hereby authorized to increase 
their present capital stock by an addition thereto of one 
hundred 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-five. 

Sect. 2. If any of the stockholders of said bank re- 
monstrate 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 of said 
bank, it shall not be entitled to the benefit of this 
act. 

Sect. 3. The additional stock aforesaid, when paid into 
said bank, shall be subject to the like tax, regulations, re- 
strictions and provisions, to which the present capital stock 
of said bank is now subject. 

Sect. 4. Before said corporation shall proceed to do 
business 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. 

Sect. 5. This act shall take efi'ect from and after its 
passage. {^Approved by the Governor, March 28, 1854.] 



Additional 
capital sub- 
ject to tax. 



Certificate to 
be filed with 
secretary of 
state. 



Chai). 143 -^" ^^^ ^'^ increase the Capital Stock of the Lancaster Bank, in Lan- 
-^ caster. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The President, Directors, and Company of the 
Lancaster Bank, in Lancaster, are hereby authorized to in- 
crease 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 presider^t a^nd 



Additional 
capital. 



1854.— Chapter 144. 95 

directors of said bank may determine : provided, that the Proviso, 
whole amount shall be paid in before the first day of May, 
in the year one thousand eight hundred and fifty-five. 

Sect. 2. If any of the stockholders of said bank ^e- Remonstrance 
monstrate 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 June next ; and if the persons so objecting legally rep- 
resent one-fourth part of the present capital stock of said 
corporation, it shall not be entitled to the benefit of this 
act. 

Sect. 3. The additional capital stock aforesaid, when Additional 
paid into said bank, shall be subject to the same tax, regu- Jg^^t Wtax. 
lations, restrictions and provisions, to which the present 
capital stock of said bank is now subject. 

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

Sect. 5. This act shall take ejffect from and after its 
passage. \^Approved hy the Governor , March 28, 1854.] 

An Act to increase the Capital Stock of the Fitchburg Bank, in Fitchburg. (Jhap. 144 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The President, Directors and Company of the Additional 
Fitchburg Bank, in Fitchburg, are hereby authorized to in- ^^^^*^ ' 
crease 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 presi- 
dent and directors may determine : provided, that the whole Proviso, 
amount shall be paid in before the first day of May, in the 
year one thousand eight hundred and fifty-five. 

Sect. 2. K any of the stockholders of said bank remon- Remonstrance 
strate against the acceptance of the additional capital herein ^° ^^^"^^ '°s 
provided, the said remonstrance shall be made, in writing, to 
the cashier of the bank on or before the first day of June 
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. 



96 



1854. — Chapter 145. 



Additional 
capital sub- 
ject to tax. 



Certificate to 
be filed with 
secretary of 
state. 



Sect. 3. The additional capital aforesaid, when paid into 
said bank, shall be subject to tlie same tax, regulations, re- 
strictions and provisions, to which the present capital stock 
of said bank is now subject. 

Sect. 4. Before said corporation shall proceed to do 
business 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. 

■ Sect. 5. This act shall take effect from and after its 
passage. lApp7'oved hy the Gover?ior, March 28, 1854.] 



Additional 
capital. 



Proviso. 



Remonstrance 
to be in writing 



Chap. 145 An Act to. increase the Capital Stock of the Taunton Bank. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. The President, Directors and Company of the 
Taunton Bank, are hereby authorized to increase their pres- 
ent capital stock by an addition thereto of one hundred 
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-five. 

Sect. 2. If any of the stockholders of said bank remon- 
strate 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 June 
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. 

Sect. 3. The additional capital aforesaid, when paid 
into said bank, shall be subject to the like tax, regula- 
tions, restrictions and provisions, to which the present cap- 
ital stock of said bank is now subject. 

Sect. 4. Before said corporation shall proceed to do 
business 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 to the office of the secretary of 
the Commonwealth. 

Sect. 5. This act shall take effect from and after its 
passage. {^Approved by the Governor, March 28, 1854.] 



Additional 
capital subject 
to tax. 



Certiiicate to 
be filed with 
secretary of 
state. 



1854.— Chapters 146, 147. 97 

An Act to incorporate the Monument Bank, in the city of Charlestown' Chap. 146 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. George W. White, Frederick Tudor, G-. Wash- Corporators. 
ington Warren, their associates and successors, are hereby 
made a corporation, by the name of the Monument Bank, in 
the city of Charlestown, and shall so continue until the 
first day of October, in the year one thousand eight hundred ^jfyg*^"^^^ *^^^ 
and seventy-fiye, 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 Com- 
monwealth relative to banks and banking. 

Sect. 2. The capital stock of said bank shall consist of Capital stock, 
one hundred and fifty thousand dollars, to be divided into ^ ^ ' ' 
shares of one hundred dollars each, to be paid in such in- 
stalments, and at such times, as the stockholders may direct : 
provided, that the whole be paid in before the first day of Proviso, 
May, in the year one thousand eight hundred and fifty-five. 

Sect. 3. The stock of said bank shall be transferable Transfer of 
only at its banking-house, and on its books. ^^°'^ ' 

Sect. 4. The said corporation shall be subject to all the Subject to fu- 
liabilities, requirements and restrictions contained in such 
acts as may hereafter be passed by the general court, in 
relation to banks and banking. [Approved by the Governor, 
March 28, 1854.] 

An Act to increase the Capital Stock of the Neponset Bank, in Canton. Chap. 147 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The President, Directors and Company of the Additional 
Neponset Bank, in Canton, are hereby authorized to 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 of said bank may determine : provided, that Proviso, 
the whole amount shall be paid in before the first day of 
May, in the year one thousand eight hundred and fifty-five. 

Sect. 2. If any of the stockholders of said bank remon- Remonstrance 
strate against the acceptance of the additional capital herein ° ^^"^^^^ '°s 
provided, the said remonstrance shalKbe made, in writing, to 
the cashier of the bank on or before the first day of July 
13 



98 



1854.— Chapter 148. 



Additional 
capital subject 
to tax. 



Certificate to 
be filed with 
secretary of 
state. 



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. 

Sect. 3. The additional capital stock aforesaid, when 
paid into said bank, shall be subjlect to the same tax, regu- 
lations, restrictions and provisions, to which the present 
capital stock of said bank is now subject. 

Sect. 4. Before said corporation shall proceed to do 
business 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. 

Sect. 5. This act shall take effect from and after its 
passage. [App7^oved by the Governor, March 28, 1854.] 



Chap. 148 An Act to increase the] Capital Stock of the Southbridge Bank, in 

Southbridge. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 



Additional 

capital. 



Proviso. 



Remonstrance 
to be in writing 



Additional 
capital subject 
to tax. 



Certificate to 
be filed with 
secretary of 
state. 



Sect. 1. The President, Directors and Company of the 
Southbridge Bank, in Southbridge, are hereby authorized to 
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 presi- 
dent and directors of said bank 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-five. 

Sect. 2. If any of the stockholders of said bank remon- 
strate 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 June 
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. 

Sect. 3. The additional capital stock aforesaid, when 
paid into said bank, shall be subject to the same tax, regu- 
lations, restrictions and provisions, to which the present 
capital stock of said bank is now subject. 

Sect. 4. Before said corporation shall proceed to do 
business 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 



1854.— Chapters 149, 150. 99 

bank, shall be returned into the office of the secretary of 
the Commonwealth. 

Sect. 5. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, March 28, 1854.] 

An Act to increase the Capital Stock of the Wamesit Bank, in Lowell. Chcip. 149 

Be it enacted by the Senate ajid House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. The President, Directors and Company of the Additional 
Wamesit Bank, in Lowell, are hereby authorized to 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 Proviso, 
shall be paid in before the first day of May, in the year one 
thousand eight hundred and fifty-five. 

Sect. 2. If any of the stockholders of said bank remon- Remonstrance 
strate against the acceptance of the additional capital herein *° em writing 
provided, the said remonstrance shall be made, in writing, to 
the cashier of the bank on or before the first day of June 
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. 

Sect. 3. The additional capital aforesaid, when paid ^"i^itionai 
into said bank, shall be subject to the same tax, regulations, to^ax. ^^ ^^'^ 
restrictions and provisions, to which the present capital 
stock of said bank is now subject. 

Sect. 4. Before said corporation shall proceed to do u^'^gf ^^^^-Ju 
business on said additional capital, a certificate, signed by secretary of 
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. 

Sect. 5. This act shall take effect from and after its 
passage. [Approved by the Governor, March 28, 1854.] 

An Act to increase the Capital Stock of the Central Bank, in Worcester. Chap. 150 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloics : 

Sect. 1. The President, Directors and Company of the Additional 
Central Bamk, in Worcester, are hereby authorized to in- 
crease their present capital stock by an addition thereto of 



100 1854.— Chapter 151. 

one hundred thousand dollars, in shares of one hundred 
dollars each, which shall be paid in such instalments as the 
Proviso. 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-five. 
Remonstrance Sect. 2. If any of the stockholders of said bank remon- 
emwu mg g^j,g^^g 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 June 
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. 
Additional Sect. 3. The additional capital aforesaid, when paid 

to^tax. ^'^ ^^'^ iiito said bank, shall be subject to the same tax, regulations, 
restrictions and provisions, to which the present capital 
stock of said bank is now subject. 
Certificate to Sect. 4. Before said corporation shall proceed to do 
secfetoy^'of l^^usiness on said additional capital, a certificate, signed by 
state. 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. 

Sect. 5. This act shall take effect from and after its 
passage. \^Approved by the Governor, March 28, 1854.] 

ChttT) 151 An Act to increase the Capital Stock of the Mechanics' Bank, in New 
^ Bedford. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Additional Sect. 1. The President, Directors and Company of the 

capital. Mechanics' Bank, in New Bedford, are hereby authorized to 

increase their present capital stock, by an addition thereto 

of two hundred thousand dollars, in shares of one hundred 

dollars each, which shall be paid in such instalments as the 

president and directors of said bank may determine : p?-o- 

Proviso. vided, that the whole amount shall be paid in before the 

first day of May, in the year one thousand eight hundred 

and fifty-five. 

Remonstrance Sect. 2. If any of the Stockholders of said bank re- 

to be m writing j^^^g^j,^^^ against the acceptance of the additional capital 

herein provided, the said remonstrance shall be made, in 

writing, to the cashier of the bank on before tl:yB first day 

of June next ; and if the persons so objecting legally rep- 



1854.— Chapter 152. . 101 

resent one-fourth part of the present capital stock of said 
corporation, it shall not be entitled to the benefit of this 
act. 

Sect. 3. The additional capital stock aforesaid, when Additional 
paid into said bank, shall be subject to the like tax, regula- ^^i^f^ '''^J^^* 
tions, restrictions and provisions, to which the present cap- 
ital stock of said bank is now subject. 

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

Sect. 5. This act shall take effect from and after its 
passage. [Appj^oved by the Governor, March 28, 1854.] 

An Act to increase the Capital Stock of the Waltham Bank, in Waltham. Chap. 152 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. The President, Directors and Company of the Additional 
Waltham Bank, in Waltham, are hereby authorized to in- "^^p^*^^- 
crease 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 Proviso, 
shall be paid in before the first day of May, in the year one 
thousand eight hundred and fifty-five. 

Sect. 2. If any of the stockholders of said bank re- Remonstrance 
monstrate 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 June 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. 

Sect. 3. The additional capital aforesaid, when paid Additional 
into said bank, shall be subject to the same tax, regulations, ^^te'^! ^^^^^'^^ 
restrictions and provisions, to which the present capital 
stock of said bank is now subject. 

Sect. 4. Before said corporation shall proceed to do Certificate to 
business on said additional capital, a certificate, signed by secretary of 
the president and directors, and attested by the cashier, state. 
under oath, that the same has actually been paid into said 



102 1854.— Chapters 153, 154. 

bank, shall be returned to the secretary of the Common- 
wealth. 

Sect. 5. This act shall take effect from and after its 
passage. [Approved by the Governor, March 28, 1854.] 



Chap. 153 An Act to increase the Capital Stock of the Blackstone Bank, in Boston. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Additional Se€t. 1. The President, Directors and Company of the 

capita . Blackstone Bank, in Boston, are hereby authorized to in- 

crease their present capital stock by an addition thereto of 
four hundred thousand dollars, in shares of one hundred 
dollars each, which shall be paid in such instalments as the 
Provifo. 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-five. 
Remonstrance Sect. 2. If any of the Stockholders of said bank re- 
am writing jj^Qj^g^i^a^^Q against the acceptance of the capital herein pro- 
vided, the said remonstrance shall be made, in writing, to 
the cashier of the bank on or before the first day of June 
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. 
Additional Sect. 3. The additional stock aforesaid, when paid into 

to^tax. ^^ ^^'^^ said bank, shall be subject to the like tax, regulations, re- 
strictions and provisions, to which the capital stock of said 
bank is now subject. 
Certificate to Sect. 4. Beforc Said corporation shall proceed to do 
secretary of busiucss on Said additional capital, a certificate, signed by 
state. w^Q 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 ofiice of the secretary of 
the Commonwealth. 

Sect. 5. This act shall take effect from and after its 
. passage. [Approved by the Governor, March 28, 1854.] 

Chap. 154 An Act to increase the Capital Stock of the Washington Bank, in 

Boston. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Additional Sect. 1. The President, Directors and Company of the 

capita . Washington Bank, are hereby authorized to increase their 



1854. — Chapter 155. 



103 



Pnoh wK ^T^i"? , ^^^^^?'. ^^ '^^'^^ °f 0^^ ^^"^^dred dollars 
each, wliicli shall be paid in such instalments as the presi- 
dent and directors may determine -.provided, that the whole Proviso, 
amount shall be paid in before the first da/ of May, in the 
year one thousand eight hundred and fifty-five 

mon.tr^fh If ^^^>:/f the stockholders of said bank re- Remonstrance 

monstrate against the acceptance of the additional capital *° '^^ ^^ "^^^i"°- 
herein provided, the said remonstrance shall be made in 
wn mg, to the cashier of the bank on or before the first day 
rJ/'''^^' !fd^f t^^ persons so objecting legally rep^ 
resent one-fourth part of the present capital Itock of afd 
corporation, it shall not be entitled to the benefit of this 

said W>'=1 ^M ^^^^fi^^^l «tock aforesaid, when paid into Additional' 
said bank, shall be subject to the like tax, regulations re- to'^A'.'^ '^'J^'^* 

bank Znl ' 'T? '"'' f""""y ^"''^ P«"' '°to said 

t>as?a?; ^V/"' ''5\'''f ^^''' "'f""' fr"" and after its 
passage. [^;,;,roi,<.<i? 6y the Governor, March 28, 1854.] 



An Act to increase the Capital Stock- of the Metacomet Bank. C/iap 155 

Be it enacted by the Senate and House of Representa- 

a;;,t >lf:r^^ ---'^^'^ --^ ^y '"-«//'-;"/ 

Metacomei B^l!t '^''''^i'^f"*' Bi^-ectors and Company of the Additional 
,W,LtT ' " ^'*" Barer, are hereby authorized to °*'"'"- 

inciease the.r present eapital stools by an addition thereto 

dll r """f '■« ."'""f^d dollars, in shares of one hundred 
nr ,1l/r^',''r"='' '''^" '"' ?'»'<' '"^ ^^^^ instalments as the 
Slrf th t"?,'^ '^T^'^ °f ^^''' "^^"i^ -nay determine :.™!p,„.,„ 
fim dlv of llf f ,r"°™* '""^'^ ''" l"'id in before "Ihe 
aidfift^five. ^' ^^''" °°' ^"""'^"""^ ^'g"^' ''™dred 

mous?r'ate ao-aL?f, "^ "^^ stockholders of said bank re- Ee„,.„s,r„ce 
Tre n nrovfZ ,, "°/'''^"'' "'^ *''" additional capital •°>'-" ™«"»" 
wS/to I,! ' v' ";.'?, '■emonstrance shall be made, in 
writmg, to the cashier of the bank on or before the first day 



104 



1854.— Chapter 156. 



of June next ; and if the persons so objecting legally rep- 
resent one-fourth part of the present capital stock of said 
corporation, it shall not be entitled to the benefit of this 
act. 
Additional Sect. 3. The additional capital stock aforesaid, when 

to^tax. ^^ ■'^'^ paid into said bank, shall be subject to the like tax, regula- 
tions, restrictions and provisions, to which the present cap- 
ital stock of said bank is now subject. 
CeHificate to Sect. 4. Before said corporation shall proceed to do 
secretary of busiucss ou Said additional capital, a certificate, signed by 
state. i\^Q 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. 

Sect. 5. This act shall take effect from and after its 
passage. [Approved by the Governor, March 28, 1854.] 

Chap. 156 An Act to increase the Capital Stock of the National Bank, of Boston 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The President, Directors and Company of the 
National Bank, in Boston, are hereby authorized to increase 
their present capital stock by an addition thereto of four 
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-five. 

Sect. 2. If any of the stockholders of said bank re- 
monstrate 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 June next ; and if the persons so objecting legally rep- 
resent one-fourth part of the present capital stock of said 
corporation, it shall not be entitled to the benefit of this 
act. 

Sect. 3. The additional capital aforesaid, when paid 
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. 

Sect. 4. Before said corporation shall proceed to do 
business 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 



Additional 
capital. 



Proviso. 



Remonstrance 
to be in writing 



Additional 
capital subject 
to tax. 



Certificate to 
be filed with 
secretary of 
state. 



1854.— Chapters 157, 158. 105 

bank, shall be returned into the office of the secretary ot 
the Commonwealth. 

Sect. 5. This act shall take eifect from and after its 
passage. [Approved by the Governor, March 28, 1854.] 

An Act to increase the Capital Stock of the Broadway Bank, in South (^nttj). 157 

Boston. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the sajne, as folloivs : 

Sect. 1. The President, Directors and Company of the Additional 
Broadway Bank, in South Boston, are hereby authorized to ^^P'**'- 
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 presi- 
dent and directors may determine : provided, tliat the whole Proviso, 
amount shall be paid in before the first day of May, in the 
year one thousand eight hundred and fifty-five. 

Sect. 2. If any of the stockholders of said bank re- Remonstrance 
monstrate against the acceptance of the additional capital *° emwnting 
herein provided, the said remonstrance shall be made, in 
writing, to the cashier of the bank on or before the first 
day of June 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. 

Sect. 3. The additional capital aforesaid, when paid Additional 
into said bank, shall be subject to the like tax, regulations, to'tax. ^'^ "'^^^ 
restrictions and provisions, to which the present capital 
stock of said bank is now subject. 

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

. Sect. 5. This act shall take effect from and after its 
passage. [App?^oved by the Governor, March 28, 1854.] 

An Act to increase the Capital Stock of the Grocers' Bank, in Boston. Chap. 158 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The President, Directors and Company of the Additional 
Grocers' Bank, in Boston, are hereby authorized to increase '^^^^^^ ' 
14 



106 



1854.— Chapter 159. 



Proviso. 



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 ei,2;ht hundred and fifty-five. 
Remonstrance Sect. 2. If any of the Stockholders of said bank re- 
^^'^^^ ^°^ monstrate 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 daj'^ 
of June next ; and if the persons so objecting legally rep- 
resent one-fourth part of the present capital stock of said 
corporation, it shall not be entitled to the benefit of this 
act. 

Sect. 3. The additional capital aforesaid, when paid 
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. 

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

Sect. 5. This act shall take eifect from and after its 
passage. {^Approved by the Governor, March 28, 1854.] 



Additional 
capital subject 
to tax. 



Certificate to 
be filed with 
secretary of 
state. 



Additional 
capital. 



ChciJ). 159 An Act to increase the Capital Stock of the Columbian Bank, in Boston. 

Beit enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The President, Directors and Company of the 
Columbian Bank, in Boston, are hereby authorized to in- 
crease 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 instal*- 
ments as the president and directors may determine : pro- 
vided, that the whole amount shall be paid in before the 
first day of May, in the year one thousand eight hundred 
and fifty-five. 

Sect. 2. If any of the stockholders of said bank re- 
monstrate 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 



Proviso. 



Remonstrance 
tobeinwritins; 



1854.— Chapter 160. • 107 

of June next ; and if the persons so objecting legally rep- 
resent one-fourth part of the present capital stock of said 
corporation, it shall not be entitled to the benefit of this 
act. 

Sect. 3. The additional capital aforesaid, when paid Additional 
into said bank, shall be subject to the like tax, regulations, to u*x. ^'^ ^^^^ 
restrictions and provisions, to which the present capital 
stock of said bank is now subject. 

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

Sect. 5. This act shall take ^efi'ect from and after its 
passage. {^Approved by the Governor, March 28, 1854.] 

An Act to incorporate the Monson Bank, in Monson. Chap. 160 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Austin Fuller, Albert Norcross, William N. Corporators. 
Flynt, their associates and successors, are hereby made a 
corporation, by the name of the President, Directors and 
Company of the Monson Bank, to be established in Monson, 
on Main Street, southerly of the centre meeting-house, and 
within two hundred rods of said meeting-house, and shall 
so continue until the first day of October, in the year one Continue till 
thousand eight hundred and seventy-five, and shall be en- ^^'^' 
titled 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. 

Sect. 2. The capital stock of said bank shall consist of Capital stock. 
one hundred and fifty thousand dollars, to be divided into 
shares of one hundred dollars each, to be paid in such in- 
stalments, and at such times as the stockholders may direct : 
provided, that the whole be paid in before the first day of Proviso. 
May, in the year one thousand eight hundred and fifty-five. 

Sect. 3. The stock of said bank shall be transferable Transferor 
only at its banking-house, and on its books. 

Sect. 4. The said corporation shall be subject to all Subject to fu- 
the liabilities, requirements and restrictions, contained in ^^^^ ^^^^* 



108 



1854.— Chapters 161, 162. 



Additional 
capital. 



Proviso. 



Remonstrance 
to be in writing 



such acts as may hereafter be passed by the general court, 
in relation to banks and banking. ^Approved by the Gov- 
ernor, March 28, 1854.] 

Chap. 161 An Act to increase the Capital Stock of the Quinsigamond Bank. 

Be it enacted by the Senate and House of Representa- 
tives, in General Conrt assembled, and by the authority of 
the same, as follows : 

Sect. 1. The President, Directors and Company of the 
Quinsigamond Bank, in Worcester, are hereby authorized to 
increase their present capital stock by an addition thereto 
of one hundred 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-five. 

Sect. 2. If any of the stockholders of said bank re- 
monstrate 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 June 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. 

Sect. 3. The additional capital aforesaid, when paid 
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. 

Sect. 4. Before said corporation shall proceed to do 
business 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. 

Sect. 5. This act shall take efi'ect from and after its 
passage. {^Approved by the Governor, March 28, 1854.] 



Additional 
capital subject 
to tax. 



Certificate to 
be filed with 
secretary of 
state. 



Chap. 162 An Act to increase the Capital Stock of the Village Bank, in Danvers. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The President, Directors and Company of the 
Village Bank, in Danvers, are hereby authorized to increase 



Additional 
capital. 



1854.— Chapter 163. 109 

their present capital stock, by an addition thereto of forty 
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 Proviso, 
amount shall be paid in before the first day of May, in the 
year one thousand eight hundred and fifty-five. 

Sect. 2. If any of the stockholders of said bank re- Remonstrance 
monstrate against the acceptance of the additional capital ° emwni ^ 
herein provided, the said remonstrance shall be made, in 
writing, to the cashier of the bank on or before the first 
day of June 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. 

Sect. 3. The additional capital aforesaid, when paid Additional 
into said bank, shall be subject to the same tax, regulations, to u^x. ^^ ^^° 
restrictions and provisions, to which the present capital 
stock of said bank is now subject. 

Sect. 4. Before said corporation shall proceed to do Certificate to 

DG niGCi Wltll 

business on said additional capital, a certificate, signed by secretary of 
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. 

Sect. 5. This act shall take efi"ect from and after its 
passage. [^Approved hy the Governor, March 28, 1854.] • 



An Act to increase the Capital Stock of the Shawmut Bank, in Boston. Ghcij). 163 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Sect. 1. The President, Directors and Company of the Additional 
Shawmut Bank, in Boston, are hereby authorized to increase 
their present capital stock by an addition thereto of two 
hundred and fifty thousand dollars, in shares of one hun- 
dred dollars each, which shall be paid in such instalments 
as the president and directors may determine : provided. Proviso, 
that the whole amount shall be paid in before the first day 
of May, in the year one thousand eight hundred and fifty- 
five. 

Sect. 2. If any of the stockholders of said bank re- Remonstrance 
monstrate 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 



110 1854.— Chapter 164. 

of June next : and if the persons so objecting legally rep- 
resent one-fourth part of the present capital stock of said 
corporation, it shall not be entitled to the benefit of this 
act. 
Additional Sect. 3. The additional stock aforesaid, when paid into 

to^tax. ^^ ^^^ said bank, shall be subject to the like tax, regulations, re- 
strictions and provisions, to which the present capital stock 
of said bank is now subject. 
Certificate to Sect. 4. Bcforc Said Corporation shall proceed to do 
secretary of busincss ou Said additional capital, a certificate, signed by 
state. -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. 

Sect. 5. This act shall take efiect from and after its 
passage. [Approved by the Gove7^no7\ March 2S, 1854.] 

Chap. 164 An Act to increase the Capital Stock of the Appleton Bank. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Additional Sect. 1. The President, Directors and Company of the 

capi a . Appleton Bank, in Lowell, are hereby authorized to 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 

Proviso. 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-five. 

Remonstrance Sect. 2. If any of the Stockholders of said bank re- 

^^'^^'^' '"° moustrate 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 June 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. 

Additional Sect. 3. The additional capital aforesaid, when paid 

toTax^ ^''^•'^''' into said bank, shall be subject to the like tax, regulations, 

restrictioDS and provisions, to which the present capital 

stock of said bank is now subject. 

Certificate to Sect. 4. Before said corporation shall proceed to do 

secretary of busiucss on Said additional capital, a certificate, signed by 

state. ^Ijq president and directors, and attested by the cashier, 



1854.— Chapter 165. Ill 

under oath, that the same has actually been paid into said 
bank, shall be returned iito the office of the secretary of 
the Commonwealth. 

Sect. 5. This act shall take ejffect from and after its pas- 
sage. [Appi'bved by the Governor, March 28, 1854.] 

An Act to increase the Capital Stock of the Leicester Bank. ChciJ)- 16o 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Sect. 1. The President, Directors and Company of the Additional 
Leicester Bank, in Leicester, are hereby authorized to in- 
crease 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 presi- 
dent and directors may determine : provided, that the whole Proviso, 
amount shall be paid in before the first day of May, in the 
year one thousand eight hundred and fifty-five. 

Sect. 2. If any of the stockholders of said bank remon- Remonstrance 
strate against the acceptance of the additional capital ° emwrimg 
herein provided, the said remonstrance shall be made, in 
writing, to the cashier of the bank on or before the first 
day of June 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. 

Sect. 3. The additional capital aforesaid, when paid Additional 
into said bank, shall be subject to the like tax, regulations, to'^tax. ^'^ ^^^ 
restrictions and provisions, to which the present capital 
stock of said bank is now subject. 

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

Sect. 5. This act shall take effect from and after its 
passage. [Approved by the Governor, March 28, 1854.] 



112 



1854.— Chapters 166, 167. 



Additional 
capital. 



Proviso. 



Remonstrance 
to be in writing 



L/hap. 166 An Act to increase the Capital Stock of the Machinists' Bank. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Sect. 1. The President, Directors and Company of the 
Machinists' Bank, in Taunton, are hereby authorized to in- 
crease their present capital stock, by an addition thereto of 
iifty-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-five. 

Sect. 2. If any of the stockholders of said bank remon- 
strate 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 
June next ; and if the persons so objecting legally repre- 
sent one-fourth part of the present capital stock of said 
corporation, it shall not be entitled to the benefit of this 
act. 

Sect. 3. The additional capital aforesaid, when paid into 
said bank, shall be subject to the like tax, regulations, re- 
strictions and provisions, to which the present capital stock 
of said bank is now subject. 

Sect. 4. Before said corporation shall proceed to do 
business 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. 

Sect. 5. This act shall take efi'ect from and after its 
passage. {^Approved hy the Governor, March 28, 1854.] 



Additional 
capital sixbject 
to tax. 



Certificate to 
be filed with 
secretary of 
state. 



Chap. 167 An Act to increase the Capital Stock of the Eliot Bank, in Boston. 

Be it enacted hy the Seriate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 



Additional 
capital. 



ProTiso. 



Sect. 1. The President, Directors and Company of the 
Eliot Bank, in Boston, are hereby authorized to increase 
their present capital stock by an addition thereto of four 
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 



1854.-~Chapter 168. 113 

wliole amount shall be paid in before the first day of May, 
in the year one thousand eight hundred and fifty-five. 

Sect. 2. If any of the stockholders of said bank remon- Remonstrance 
strate against the acceptance of the additional capital herein *° em writing 
provided, the said remonstrance shall be made, in writing, to 
the cashier of the bank on or before the first day of June 
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. 

Sect. " 3. The additional capital aforesaid, "when paid into Additional 
said bank, shall be subject to the like tax, regulations, re- to tax. ^'^ ^^'^ 
strictions and provisions, to which the present capital stock 
of said bank is now subject. 

Sect. 4. Before said corporation shall proceed to do ^e fiied^with° 
business on said additional capital, a certificate, signed by secretary of 
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. 

Sect. 5. This act shall take effect from and after its 
passage. [Approved by the Governor, March 28, 1854.] 

An Act to increase the Capital Stock of the Rollstone Bank, in Fitchburg. Chap. 168 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. The President, Directors and Company of the Additional 
Rollstone Bank, in Fitchburg, are hereby authorized to •^^p^*^^- 
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 pres- 
ident and directors may determine : provided, that the Proviso, 
whole amount shall be paid in before the first day of May, 
in the year one thousand eight hundred and fifty-five. 

Sect. 2. If any of the stockholders of said bank remon- Remonstrance 
strate against the acceptance of the additional capital here- to be m wntmg 
in provided, the said remonstrance shall be made in writing 
to the cashier of the bank on or before the first day of 
June next; and if the persons so objecting legally represent 
one-fourth part of the present capital stock of said corpo- 
ration, it shall not be entitled to the benefit of this act. 

Sect. 3. The additional capital aforesaid, when paid Additional 
into said bank, shall be subject to the same tax, regulations, fec^tfo tax', 
restrictions and provisions, to which the present capital 
stock of said bank is now subject. 
15 



114 



1854.— Chapter 169. 



Certificate to 
be filed with 
secretary of 
state. 



Sect. 4. Before said corporation shall proceed to do 
business 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. 

Sect, 5. This act shall take effect from and after its pas- 
sage. [Approved by the Governor^ March 28, 1854.] 



Additional 
capital. 



Proviso. 



Remonstrance 
to be in ■writing 



Chap. 169 An Act to increase the Capital Stock of the Mechanics' Bank, Boston. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The President, Directors and Company of the 
Mechanics' Bank, in Boston, are hereby authorized to in- 
crease 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-five. 

Sect. 2. If any of the stockholders of said bank remon- 
strate against the acceptance of the additional capital herein 
provided, the said remonstrance shall be made, in writing, 
to the cashier on or before the first day of June 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. 

Sect. 3. The additional stock aforesaid, when paid into 
said bank, shall be subject to the like tax, regulations, re- 
strictions and provisions, to which the present capital stock 
of said bank is now subject. 

Sect. 4. Before said corporation shall proceed to do 
business on such 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. [Approved by the Governor, March 
28, 1854.] 



Additional 
capital subject 
to tax. 



Certificate to 
be filed with 
secretary of 
state. 



1854.— Chapters 170, 171. 115 

An Act to increase the Capital Stock of the Freeman's Bank, in Boston. Chap. 170 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. The President, Directors and Company of the -A-dditionai 
Freeman's Bank, in Boston, are hereby authorized to in-*^*^^^' 
crease 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 presi- 
dent and directors of said bank may determine : provided, Proviso, 
that the whole amount shall be paid in before the first day 
of May, in the year one thousand eight hundred and fifty- 
five. 

Sect. 2. If any of the stockholders of said bank re- Remonstrance 
monstrate 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. 

Sect. 3. The additional capital stock aforesaid, when Additional 
paid into said bank, shall be subject to the like tax, regu- jeTt\^o tax' 
lations, restrictions and provisions, to which the present 
capital stock of said bank is now subject. 

Sect. 4. Before said corporation shall proceed to do F%\^^?^*^ t° 
business on said additional capital, a certificate, signed by secretary of 
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. 

Sect. 5. This act shall take efiect from and after its 
passage. {^Approved by the Governor, March 28, 1854.] 



An Act to increase the Capital Stock of the Blue Hill Bank, in Dor- Chap. 171 

Chester. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. The President, Directors and Company of the Additional 
Blue Hill Bank, in Dorchester, are hereby authorized to in- 
crease 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 presi- 



116 



1854.— Chapter 172. 



Proviso. dent and directors of said bank 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- 
five. 
Remonstrance Sect. 2. If any of the stockholders of said bank re- 
to ^^^^"ti^Sj^^Qngtrate 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 June 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. 
Additional Sect. 3. The additional capital stock aforesaid, when 

to^tax! ^^'^'^^°*paid into said bank, shall be subject to the like tax, regula- 
tions, restrictions and provisions, to which the present cap- 
ital stock of said bank is now subject. 

Sect. 4. Before said corporation shall proceed to do 
business 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 ofiQce of the secretary of 
the Commonwealth. 

Sect. 5. This act shall take effect from and after its 
passage. ^Approved hy the Governor, March 28, 1854.] 



Certificate to 
be filed with 
secretary of 
state. 



Chap. 172 



Corporators. 



Continue till 
1875. 



Capital stock. 



Proviso. 



An Act to incorporate the Bass River Bank, in Beverl}'. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authoi'ity of 
the same, as follows : 

Sect. 1. William H. Allen, Samuel Adams, John A. 
Greene, their associates and successors, are hereby made a 
corporation, by the name of the President, Directors and 
Company of the Bass Eiver Bank, to be established in Bev- 
erly, and shall continue until the first day of October, in 
the year one thousand eight hundred and seventy-five, 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. 

Sect. 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 before the first day of May, in. 
the year one thousand eight hundred and fifty-five. 



1854.— Chapters 173, 174. 117 

Sect. 3. The stock of said bank shall be transferable Transfer of 
only at its banking-house, and on its books. ^^°^ '' 

Sect. 4. The said corporation shall be subject to all Subject to fu- 
thc liabilities, requirements and restrictions, contained in ^^^^ ^^"^" 
such acts as may hereafter be passed by the general court, 
in relation to banks and banking. [Approved by the Gov- 
ernor, March 1^, 1^54:.'] 

An Act to incorporate the North Bridgewater Bank, in North Bridge- (JJian. 173 

■water. ^ 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the autliority of 
the sa7ne, as follows : 

Sect. 1. Bela Keith, Benjamin Kingman, Jesse Perkins, Corporators, 
their asscc''\tes and successors, are hereby made a corpo- 
ration, by L e name of the President, Directors and Com- 
pany of the North Bridgewater Bank, to be established in 
North Bridi:ewater, and shall so continue until the first day Continue tin 
of October, in the year one thousand eight hundred and ^^''^" 
seventy-five, 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 Common- 
wealth, relative to banks and banking. 

Sect. 2. The capital stock of said bank shall consist of Capital stock, 
one hundred thousand dollars, to be divided into shares of 
one himdred dollars each, to be paid in such instalments, 
and at such times, as the stockholders may direct : provided, proviso, 
that the whole be paid in before the first day of May, in 
the year one thousand eight hundred and fifty-five. 

Sect. 3. The stock of said bank shall be transferable Transfer of 
only at its banking-house, and on its books. ®^°''^' 

Sect. 4. The said corporation shall be subject to all the Subject to fu- 
liabilities, requirements and restrictions, contained in such ^^'''^ ^''^"■^• 
acts as may hereafter be passed by the general court, in 
relation to banks and banking. [Approved by the Gov- 
ernor, March 28, 1854.] 



An Act to incorporate the Peinberton Bank, in Lawrence. C/ion 1 74 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the aiithoj-ity of 
the same, as follows : 

Sect. 1. Henry K. Oliver, Levi Sprague, Dana Sargent, corporators. 
their associates and successors, are hereby made a corpora- 



118 



1854.— Chapter 175. 



Continue till 
1875. 



tion, by the name of the President, Directors and Company 
of the Pemberton Bank, to be established in Lawrence, and 
shall so continue until the first day of October, in the year 
one thousand eight hundred and seventy-five, 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. 
Capital stock. Sect. 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 : pi-ovided, 
that the whole be paid in before the first day of May, in 
the year one thousand eight hundred and fifty-five. 

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

Sect. 4. The said corporation shall be subject to all 
the liabilities, requirements and restrictions, contained in 
such acts as may hereafter be passed by the general court, 
in relation to banks and banking. [^Approved by the Gov- 
ernor, March 28, 1854.] 



Proviso. 



Transfer of 
stock. 

Subject to fu- 
ture laws. 



Corporators. 



Continue till 
1875. 



Chan 175 ^^ ^^'^ ^° incorporate the City Bank of Lynn, in the City of Lynn. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. John C. Abbott, Otis Johnson, Amos P. Tapley, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the President, Directors and Company 
of the City Bank of Lynn, to be established in the city of 
Lynn, and shall so continue until the first day of October, in 
the year one thousand eight hundred and seventy-five, and 
shall be entitled to all the powers and privileges, and sub- 
ject to all the duties, liabilities and restrictions, set forth in 
the public statutes of this Commonwealth, relative to banks 
and banking. 
Capital stock. Sect. 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 before the first day of May, in 
the year one thousand eight hundred and fifty-five. 

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



Proviso. 



Transfer of 
stock. 



1854.— Chapters 176, 177. 119 

Sect. 4. The said corporation shall be subject to all the Subject to fa- 
liabilities, requirements and restrictions, contained in such 
acts as may hereafter be passed by the general court, in 
relation to banks and banking. [Approved by the Governor, 
March 28, 1854.] 

An Act to incorporate the Grafton Bank, in Grafton. Chnn 1 7fi 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Ezek Saunders, Erastus Fisher, Jonathan War- Corporators, 
ren, their associates and successors, are hereby made a 
corporation, by the name of the President, Directors and 
Company of the Grafton Bank, to be established in Grafton, 
and shall so continue until the first day of October, in the Continue till 
year one thousand eight hundred and seventy-five, 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. 

Sect. 2. The capital stock of said bank shall consist of Capital stock. 
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, proviso, 
that the whole be paid in before the first day of May, in the 
year one thousand eight hundred and fifty-five. 

Sect. 3. The stock of said bank shall \)Q transferable Transfer of 
only at its banking-house, and on its books. ^*^°''^* 

Sect. 4. The said corporation shall be subject to all the Subject to fu- 
liabilities, requirements and restrictions, contained in such ^^^^ ^'^^'^" 
acts as may hereafter be passed by the general court, in 
relation to banks and banking. [Approved by the Governor, 
March 28, 1854.] 

An Act to incorporate the Conway Bank, in Conway. Chap. Ill 

Beit enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Edmund Burke, Charles Parsons, Austin Rice, Corporators, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the President, Directors and Company 
of the Conway Bank, to be established in Conway, and shall 
so continue until the first day of October, in the year one continue till 
thousand eight hundred and seventy-five, and shall be en- i^^o. 



120 



1854.— Chapter 178. 



Capital stock. 



Proviso. 



Transfer of 
stock. 

Subject to fu- 
ture laws. 



titled 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-. 

Sect. 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 before the first day of May, in the 
year one thousand eight hundred and fifty-five. 

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

Sect. 4. The said corporation shall be subject to all the 
liabilities, requirements and restrictions, contained in such 
acts as may hereafter be passed by the general court, in 
relation to banks and banking. \^Approved by the Governor, 
March 28, 1854.] 



Corporators. 



Continue till 
1875. 



Capital stock. 



Proviso. 



Transfer of 
stock. 

Subject to fu- 
ture laws. 



Chap. 178 



An Act to incorporate the Merchants' Bank, in Lowell. 

Be it enacted by the Senate and Honse of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Harlin Pillsbury, Thomas Ne smith, Ithamar W. 
Beard, their associates and successors, are hereby made a 
corporation, by the name of the President, Directors and 
Company of the Merchants' Bank, to be established in 
Lowell, and shall so continue until the first day of October, 
in the year one thousand eight hundred and seventy-five, 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. 

Sect. 2. The capital stock of said bank shaU consist of 
one hundred thousand dollars, to be divided in! shares of 
one hundred dollars each, to be paid in such iastalments, 
and at such times, as the stockholders may direct : provided, 
that the whole be paid in before the first day oi' May, in the 
year one thousand eight hundred and fifty-five. 

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

Sect. 4. The said corporation shall be subject to all the 
liabilities, requirements and restrictions, contained in such 
acts as may hereafter be passed by the general court, in 
relation to banks and banking. [Approved by the Governor, 
March 28, 1854.] 



1854.— Chapters 179, 180. 121 

An Act to incorporate the City Bank of Worcester, in the city of Chap. 179 
Worcester. 

Be it enacted hy the Sejiate and House of Representa- 
tives, in General Court assembled, and hy the authority of. 
the same, as follows : 

Sect. 1. William B. Fox, Fred. Wm. Paine, Henry Corporators. 
Cliapiu, their associates and successors, are hereby made a 
corporation, by the name of the President, Directors and 
Company of the City Bank of Worcester, to be established 
in the city of Worcester, and shall so continue until the first Continue till 
day of October, in the year one thousand eight hundred and ^^* 
seventy-five, 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 Common- 
wealth, relative to banks and banking. 

Sect. 2. The capital stock of said bank shall consist of Capital stock, 
two 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, Proviso, 
that the whole be paid in before the first day of May, in the 
year one thousand eight hundred and fifty-five. 

Sect. 3. The stock of said bank shall be transferable Transfer of 
only at its banking-house, and on its books. 

Sect. 4. The said corporation shall be subject to all the Subject to fu- 
liabilities, requirements and restrictions, contained in such ^^"^^ ^^^^• 
acts as may hereafter be passed by the general court, in re- 
lation to banks and banking. {^Approved hy the Governor, 
March 28, 1854.] 

An Act to incorporate the Northborough Bank, in the town of Chap. 180 

Northborough. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Sect. 1. George C. Davis, Cyrus Gale, Wilder Bush, Corporators. 
their associates and successors, are hereby made a corpora- 
tion, by the name of the President, Directors and Company 
of the Northborough Bank, to be established in the town of 
Northborough, and shall so continue until the first day of Continue till 
October, in the year one thousand eight hundred and sev- 
enty-five, and shall be entitled to all the powers and privi- 
leges, and be subject to all duties, liabilities and restric- 
tions, set forth in the public statutes of this Commonwealth, 
relative to banks and banking. 
16 



122 



1854.— Chapter 181, 



Capital stock. Sect. 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 before the first day of May, in the 
year one thousand eight hundred and fifty-five. 

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

Sect. 4. The said corporation shall be subject to all the 
liabilities, requirements and restrictions, contained in such 
acts as may hereafter be passed by the general court, in re- 
lation to banks and banking. [^Approved by the Governor, 
March 28, 1854.] 



Proviso. 



Transfer of 
stock. 

Subject to fu 
ture laws. 



Corporators. 



Continue till 
1875. 



Chap. 181 An Act to incorporate the Maverick Bank, in East Boston. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Samuel Hall, Noah Sturtevant, AVilliam C. 
Barstow, their associates and successors, are hereby made 
a corporation, by the name of the President, Directors and 
Company of the Maverick Bank, to be established in that 
part of Boston called East Boston, and shall so continue 
until the first day of October, in the year one thousand 
eight hundred and seventy-five, 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. 

Sect. 2. The capital stock of said bank shall consist of 
four 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 before the first day of May, in the 
year one thousand eight hundred and fifty-five. 

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

Sect. 4. The said corporation shall be subject to all the 
liabilities, requirements and restrictions, contained in such 
acts as may hereafter be passed by the general court, in re- 
lation to banks and banking. \^Approved by the Governor, 
March 28, 1854.] 



Capital stock. 



Proviso. 



Transfer of 
stock. 

Subject to fu- 
ture laws. 



1854.— Chapters 182, 183. 123 

An Act to incorporate the Townsend Bank, in Townsend. Chcip. 182 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Sect. 1. Walter Fessenden, Daniel Adams, Levi Stearns, Corporators, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the President, Directors and Company 
of the Townsend Bank, to be established in Townsend, and 
shall so continue until the first day of October, in the year Continue tm 
one thousand eight hundred and seventy-five, 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. 

Sect. 2. The capital stock of said bank shall consist of Capital stock, 
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. Proviso, 
that the whole be paid in before the first day of May, in the 
year one thousand eight hundred and fifty-five. 

Sect. 3. The stock of said bank shall be transferable Transfer of 
only at its banking-house, and on its books. ^^°^ ' 

Sect. 4. The said corporation shall be subject to all the Subject to fu- 
liabilities, requirements and restrictions, contained in such 
acts as may hereafter be passed by the general court, in re- 
lation to banks and banking. [App?'oved by the Governor, 
March 28, 1854.] 



An Act to incorporate the Miller's River Bank, in Athol. ChcfD. 183 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloics : 

Sect. 1. Charles C. Bassett, Isaac Stevens, Lewis Thorp, Corporators. 
their associates and successors, arc hereby made a corpora- 
tion, by the name of the President, Directors and Company 
of the Miller's River Bank, to be established in Athol, and 
located in the depot village, and shall so continue until the continue till 
first day of October, in the year one thousand eight hundred ^^^^" 
and seventy-five, and shall be entitled to all the powers and 
privileges, and subject to all the duties, liabilities and re- 
strictions, set forth in the public statutes of this Common- 
wealth, relative to banks and banking. 

Sect. 2, The capital stock of said bank shall consist of Capital stock. 



124 



1854.— Chapter 184. 



Proviso. 



Transfer of 
stock. 

Subject to fu- 
ture laws. 



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 shall be paid in before the first day of May, 
in the year one thousand eight hundred and fifty-five. 

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

Sect. 4. The corporation shall be subject to all the 
liabilities, requirements and restrictions, contained in such 
acts as may hereafter be passed by the general court, in 
relation to banks and banking. \^Approved by the Gov- 
ernor, March 28, 1854.] 



Corporators. 



Continue till 
1875. 



Chap. 184 An Act to incorporate the Brighton Market Bank, in Brighton. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. Life Baldwin, Charles Heard, Granville Fuller, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the President, Directors and Com- 
pany of the Brighton Market Bank, in Brighton, and shall 
so continue until the first day of October, in the year one 
thousand eight hundred and seventy-five, 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 bank- 
ing. 

Sect. 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 before the first day of May, in the 
year one thousand eight hundred and fifty-five. 

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

Sect. 4. The said corporation shall be subject to all the 
liabilities, requirements and restrictions, contained in such 
acts as may hereafter be passed by the general court, in 
relation to banks and banking. \_Approved by the Gov- 
ernor, March 28, 1854.] 



Capital stock. 



Proviso. 



Transfer of 
stock. 

Subject to fu- 
ture laws. 



1854.— Chapters 185, 186. " 125 

An Act to incorporate the Provincetown Bank, in Provincetown. CflCip. 185 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. James M. Holmes, Elijah Smith, Elisha Tillson, Corporators, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the President, Directors and Company 
of the Provincetown Bank, to be established in the town of 
Provincetown, and shall so continue until the first day of continue till 
October, in the year one thousand eight hundred and,^^'''^- 
seventy-five, 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 Com- 
monwealth, relative to banks and banking. 

Sect. 2. The capital stock of said bank shall consist of Capital stock, 
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, Proviso, 
that the whole be paid in before the first day of May, in the 
year one thousand eight himdred and fifty-five. 

Sect. 3. The stock of said bank shall be transferable Transfer of 
only at its banking-house, and on its books. ®^°*^'^' 

Sect. 4. The said corporation shall be subject to all the Subject to fu- 
liabilities, requirements and restrictions, contained in such ^"'^^ ^^'^^* 
acts as may hereafter be passed by the general court, in re- 
lation to banks and banking. \^Approved by the Governor, 
March 28, 1854.] 

An Act to incorporate the Holliston Bank, in Holliston. Chnn ^ S(i 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Luther Green, Timothy Daniels, S. G. Burnap, corporators, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the President, Directors and Company 
of the Holliston Bank, to be established in Holliston, and 
shall so continue until the first day of October, in the year continue till 
one thousand eight hundred and seventy-five, 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. 

Sect. 2. The capital stock of said bank shall consist of Capital stock. 
one hundred thousand dollars, to be divided into shares of 



126 



1854.— Chapters 187, 188. 



Proviso. 



Transfer of 
stock. 

Subject to fu- 
ture laws. 



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 before the first day of May, in the 
year one thousand eight hundred and fifty-five. 

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

Sect. 4. The said corporation shall be subject to all 
the liabilities, requirements and restrictions, contained in 
such acts as may hereafter be passed by the general court, 
in relation to banks and banking. [^Approved hy the Gov- 
ernor, March 28, 1854.] 



Chap. 187 



Corporators. 



Purpose. 



Powers, du- 
ties, &c. 



Real and per- 
sonal estate. 



No shares to 
be issued un- 
der par. 



An Act to incorporate the Globe Locomotive Works. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Sect. 1. John Souther, Manley A. Rowell, George 
Souther, their associates and successors, are hereby made a 
corporation by the name of the Globe Locomotive Works, 
for the purpose of manufacturing locomotive and stationary 
engines, and general machinery in the city of Boston; with 
all the powers and privileges, and subject to all the duties, 
restrictions and liabilities, set forth in the thirty-eighth 
and forty-fourth chapters of the Revised Statutes. 

Sect. 2. The capital stock of said corporation shall not 
exceed three hundred thousand dollars, and the said cor- 
poration may hold real and personal estate, not exceeding 
that amount. 

Sect. 3. No shares in the capital stock shall be issued 
for a less sum or amount, than the par value of the shares 
which shall be first issued. 

Sect. 4. This act shall take efi'ect from and after its 
passage. ^Approved hy the Governor, March 28, 1854.] 



Chap. 188 



Wharf in Fal- 
mouth. 



An Act to authorize Peter Lewis to extend his Wharf. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Peter Lewis, the proprietor of a wharf in Falmouth, is 
hereby authorized to extend and maintain the same into 
Waquoit Harbor, to a distance not to exceed sixty feet be- 
yond the present structure : provided, hoiuever, that the said 
wharf shall not extend into the harbor or channel, so as to 
obstruct the navigation of the said harbor : and he shall 



1854.— Chapter 18^. 127 

have the right to lay vessels at the sides and end of the Rights, &c. 
said wharf, and to receive dockage and wharfage therefor : 
provided, that this act shall in nowise impair the legal rights Proviso, 
of any person. {^Approved hy the Governor, March 28, 

1854.] 

An Act in addition to an Act concerning tlie State Pauper*Establishments CkciJ). 189 
within this Commonwealth. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. The fifth section of the act of May twentieth, Former act 
in the year one thousand eight hundred and fifty-two, en- '^^"^^ ^ 
titled " An Act in relation to Paupers having no settlement 
in this Commonwealth," and being chapter two hundred and 
seventy-five of the acts of that year, is hereby so far 
amended, that the compensation of the superintendent of 
each of the State pauper institutions, severally located at 
Mouson, Tewksbury, and Bridgewater, shall be determined 
and fixed by the inspectors of the same, subject to the ap- 
proval of the governor. 

Sect. 2. The superintendents of said pauper institutions Superintend- 
shall severally give bonds to the treasurer of the Common- bonds!" ^^^^ 
wealth, for the faithful performance of their duties, and dis- 
bursement of all moneys that may come into their hands by 
virtue of their ofl&ce ; said bonds to be in such sum as shall 
be designated by the rules and regulations adopted by the 
inspectors of said institutions respectively, and with suf- 
ficient surety or sureties to the acceptance of said inspect- 
ors, and subject to the approval of the governor. 

Sect. 3. The inspectors of said institutions shall, in inspectors ai- 
addition to the salary prescribed for them in the sixth sec- ung^expenleF'. 
tion of the aforesaid act, be entitled to repayment from the 
treasury of the Commonwealth, of all travelling expenses 
necessarily incurred and paid by them in the due perform- 
ance of their ofl&cial duties. 

Sect. 4. The sum of sixteen thousand and two hundred ,?16,200 appro- 
dollars is hereby appropriated for said pauper institutions, ^'^'^^^ ' 
namely : the sum of five thousand and four hundred dol- 
lars for each of said institutions, for the purchase of farming 
stock, implements, vehicles, and other necessary articles for 
the use of the same, also for the building of fences and 
sheds, and for repairs on the premises connected therewith, 
the same to be expended for the above purposes by the 
superintendents of said institutions respectively, under the 



128 1854.— Chapter 190. 

Governor to direction of the inspectors of each ; and the governor is 
draw warrant. ]^Q^,Qi3y authorized to draw his warrant upon the treasury, 
from time to time, for portions of said appropriation to the 
extent of the same, as they may be needed for the above 
purposes. 
Accounts to be Sect. 5. All accounts for the maintenance of the several 
pafd!^'^ ^'' State pauper establishments, and the support of their in- 
mates, shall, after they have been approved by the inspect- 
ors, be presented to the State auditor at the close of each 
month, and paid from the treasury of the Commonwealth : 
Proviso. provided, hoivever, if the inspectors shall deem it necessary, 

a warrant may be drawn by the governor on the treasurer 
of the Commonwealth, in favor of the superintendent, for a 
sum not to exceed five hundred dollars, to enable him to 
make purchases during the month, — said sum to be account- 
ed for to the auditor, prior to the advance of any further 
amount. 
Provisions of Sect. 6. The provisiou in relation to sending sick State 
actexten e . paupers to Raiusford Island, contained in section fifth of 
an act entitled "An Act concerning State Pauper Estab- 
lishments within this Commonwealth," passed May twen- 
ty-first, in the year one thousand eight hundred and fifty- 
three, and being chapter three hundred and fifty-second of 
the acts of that year, is hereby extended to all the cities 
and towns in this Commonwealth. 

Sect. 7. This act shall take effect from and after its 
passage. {^Approved by the Governor, March 28, .1854.] 

Chap. 190 An Act concerning the Newburyport Railroad Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Authorized to Sect. 1. The Ncwburyport Railroad Company are hcrc- 
^ca e anew, ^^ authorized to locate anew, and extend their railroad 
within the limits authorized by the acts of incorporation of 
said company ; and they arc also authorized to locate and 
construct a branch railroad from some convenient ])oint on 
the railroad of said company in Newbury, to the Merrimack 
River in Newburyport, and thence across the wharves to 
some convenient point in said Newburyport, with authority 
• therefor to cross the Eastern Railroad. And the said New- 
buryport Railroad Company, in the location, construction, 
Powers.duties, and usc of the roads hereby authorized, shall have all the 
^°' powers and privileges, and be subject to all the duties, 



1854.— Chapters 191, 192. 129 

liabilities and restrictions, contained in the forty-fourth chap- 
ter of the Revised Statutes, and in that part of the thirty- 
ninth chapter of said statutes relating to railroad corpora- 
tions, and the public statutes subsequently passed relating 
to such corporations. 

Sect. 2. If the locations, as herein authorized, be not Location and 
filed within one year from the passage of this act, and if completion, 
the construction of the roads herein authorized, be not 
finished within two years from the passage of this act, then 
the same shall be void. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, March 28, 1854.] 

An Act conferring Jurisdiction on the County Commissioners of the Chap. 191 
County of Barnstable. 

Be it enacted by the i^enate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follotvs : 

The County Commissioners for the County of Barnstable, 
are hereby authorized and empowered to entertain jurisdic- 
tion of claims, for land damages, against the Cape Cod 
Railroad Company, notwithstanding their interest from be- 
ing owners of stock therein. [Approved by the Governor, 
March 28, 1854.] 

An Act to incorporate the South Reading Bank, in South Reading. Chcil) 192 

Be it enacted by the Senate a7id House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follotvs : 

Sect. 1. Thomas Emerson, Lilley Eaton, Edward ^Mans- Corporators, 
field, their associates and successors, are hereby made a 
corporation, by the name of the President, Directors and 
Company of the South Reading Bank, to be established in 
the town of South Reading, and shall so continue until the Continue till 
first day of October, in the year one thousand eight hun- 
dred and seventy-five, 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. 

Sect. 2. The capital stock of said bank shall consist oF Capital stock, 
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, Provifo. 
17 



130 



1854.— Chapters 193, 194. 



Transfer of 
stock. 

Subject to fu- 
ture laws. 



that the whole be paid in before the first day of May, in 
the year one thousand eight hundred and fifty-five. 

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

Sect. 4. The said corporation shall be subject to all 
the liabilities, requirements and restrictions, contained in 
such acts as may hereafter be passed by the general court, 
in relation to banks and banking. [Approved by the Gov- 
ernor, March 30, 1854.] 

Char). 193 An Act to incorporate the Blackstone River Bank, in Blackstone. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Edward S. Hall, Charles E. Hall, Spencer M. 
Rice, their associates and successors, are hereby made a 
corporation, by the name of the President, Directors and 
Company of the Blackstone River Bank, to be established 
at Millville, in the town of Blackstone, and shall so con- 
tinue until the first day of October, in the year one thousand 
eight hundred and seventy-five, 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. 

Sect. 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 before the first day of May, in the 
year -one thousand eight hundred and fifty-five. 

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

Sect. 4. The said corporation shall be subject to all the 
liabilities, requirements and restrictions, contained in such 
acts as may hereafter be passed by the general court, in re- 
lation to banks and banking. [Approved by the Governor, 
March 30, 1854.] 



Coroorators. 



Continue till 
1875. 



Capital stock. 



Pro\iso. 



Transfer of 
stock. 

Subject to fu- 
ture laws. 



Chap. 194 An Act to incorporate the Provincetown Gas Light Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Jeremiah Stone, Benjamin Allstrum, Elijah 
Smith, their associates and successors, are hereby made a 



1854.— Chapter 195. 131 

corporation, by tlie name of the Provincetown Gas Light 
Company, for the purpose of manufacturing and selling gas. Purpose, 
in the town of Provincetown ; with all the powers and priv- Powers,duties, 
ileges, and subject to all the duties, restrictions and liabili- 
ties, set forth in the thirty-eighth and forty-fourth chapters 
of the Revised Statutes. 

Sect. 2. Said corporation may, for the purpose afore- 5'9o^qoo*^*^' 
said, hold real estate not exceeding in value twenty thou- capital, ' 
sand dollars, and the whole capital stock of said corporation S^o.ooo. 
shall not exceed sixty thousand dollars. 

Sect. 3. Said corporation, with the consent of the se- May open the 
lectmen of the town of Provincetown, shall have the power |[pes°^ kc^ 
and authority to open the grounds 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 neces- 
sary for the purpose aforesaid ; and the said corporation, 
after opening the grounds 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 : provided, how- Proviso. 
ever, that 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 in- 
habitants of said town. 

Sect. 4. No shares in the capital stock of said corpora- No shares to 
tion shall be issued for a less sum or amount, to be actually derpar. 
paid in on each, than the par value of the shares which shall 
first be issued. [Approved by the Governor, March 31, 
1854.] 



An Act to authorize the Warren Institution for Savings to hold additional Chap. 195 

Real Estate. 

Be it enacted by the Seriate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The Warren Institution for Savings, in the city Additional 

real estate 

of Charlestown, is hereby authorized to hold real estate, to 
the amount of twenty thousand dollars, in addition to the 
amount that said corporation is now authorized by law to 
hold : provided, that no part of said amount shall be in- Proviso. 
vested in real estate, except in the purchase of a suitable 
site, and the erection or preparation of a suitable building, 
to be used for the banking purposes of said corporation. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, March 31, 1854.] 



132 1854.— Chapters 196, 197. 

Chap. 196 An Act to authorize the Cabot Savings Bank to Change its Name. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The Cabot Savings Bank, a corporation organized under 
a law passed the twenty-seventh day of February, eighteen 
Inmdred and forty-five, shall, from and after the passage of 
this act, be called and known as the Chicopee Savings Bank. 
[Approved by the Governor, March 31, 1854.] 

Chap. 197 An Act to incorporate the Bethesda Society. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Louisa Minot, Mary Parker, Anne M. Seaver, 
Hannah B. Emerson, Sarah Stocker, Martha W. Wilkinson, 
and Elizabeth A. Rand, their associates and successors, 
are hereby incorporated, by the name of the Bethesda So- 

Purpose. ciety, for the purpose of aiding the reformation of penitent 

"• females, and affording such instruction and encouragement 

as shall enable them to return to the ways of virtue ; with 

Powers.duties, all the powcrs, and subject to all the duties, liabilities and 

**'• restrictions set forth in the Revised^Statutes, chapter forty- 

four. 

Funds not to Sect. 2. The Said corporation may hold the funds here- 

exceed ^30,000 ^QfQj.Q \iQ\^ by the associatiou known as the Auxiliary Pen- 
itent Females' Refuge Society, and may also take by pur- 
chase, grant, devise, bequest, or otherwise, any real or 
personal property, and may hold the same for the purposes 
aforesaid, and may manage and dispose of the same : pro- 
vided, that the whole amount of the property held and pos- 
sessed by the said corporation, shall not exceed in value 
the sum of thirty thousand dollars. 

Officers, &c. Sect. 3. All the officers of the said society, except the 
treasurer, may be married women ; the treasurer, if a fe- 
male, shall be unmarried. [Approved by the Governor, 
March 31, 1854.] 



1854.— Chapters 198, 199, 200. 133 

An Act concerning the Fall River Railroad Company. Chip. 198 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The Fall River Railroad Company, are hereby Location 
authorized to change the location of their railroad, by en- ''^^"s^'^- 
larging, and making more easy of operation, the curve or 
curves, near its southern terminus", in the town of Fall 
River. 

Sect. 2. If the location of the change, herein granted. When fiiedand 
shall not be filed, vs^ithin one year, and if the same shall not ^^^p^''*^ • 
be constructed, within two years from the passage of this 
act, this act shall be void. [Approved by the Governor, 
March 31, 1854.] 



An Act to incorporate the Winchendon Savings Bank. Chan. 199 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloics : 

B. 0. Tyler, Oilman B. Parker, M. Hancock, their asso- Savings Bank, 
ciates and successors, are hereby made a corporation, by 
the name of the Winchendon Savings Bank, to be estab- 
lished in the town of Winchendon ; with all the powers and Powers.duties, 
privileges, and subject to all the duties, liabilities and re- 
strictions, set forth in the thirty-sixth chapter of the Revised 
Statutes, and in all other laws of the Commonwealth, re- 
la,ting to institutions for savings. [Approved by the Gov- 
ernor, March 31, 1854.] 



An Act in addition to An Act to incorporate the Boston Chemical Qhop. 200 

Company. 

Be it enacted by the Setiate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The act, entitled An Act to incorporate the Boston Chem- Act amended, 
ical Company, is hereby amended by the substitution of 
Joseph W. Ward for J. H. Ward, and Wm. G. Wheelock 
for H. G. Wheelock, in the first section of said act. [Ap- 
proved by the Governor, March 31, 1854.] 



134 1854.— Chapters 201, 202, 203. 

Chap, 201 An Act to authorize William Pope to extend his Wharf. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Extension of William Pope, of Boston, is hereby authorized to extend 
his wharf, on Harrison Avenue in the city of Boston, to the 
line established by •' An Act concerning the Harbor of Bos- 
ton," passed the seventeenth day of March, in the year one 
thousand eight hundred and forty, and he shall have the 

Rights, &c. right to lay vessels, at the end and sides of said wharf, and 

Proviso. to receive wharfage and dockage therefor : provided, how- 

ever, that this grant shall not be construed to extend to any 
flats or land of this Commonwealth, lying in front of the 
flats of any other person, or which would be comprehended 
by the true lines of such flats, continued to the said com- 

Provided, also, missioncrs' line : and provided, also, that so much of said 
wharf, as may be constructed below low-water mark, shall 
be built on piles, which piles shall not be nearer to each 
other, than six feet, in the direction of the stream, and 
eight feet in a transverse direction ; and that this act shall 
in nowise impair the legal rights of any person. [Approved 
by the Governor, March 31, 1854.] 



Chap. 202 An Act to Change the Name of the Conway Mutual Fire Insurance 

Compan}'. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authoi'ity of 
the same, as follows : 

The Conway Mutual Fire Insurance Company, shall here- 
after be called and known by the name of the Conway Stock 
and Mutual Fire Insurance Company. [Approved hy the 
Governor, March 31, 1854.] 

Chap. 203 -^n ^ct to incorporate the Medford Gas Light Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Corporators. Sect. 1. Sanford B. Perry, Gardner G. Hubbard, Moses 

M. Rice, their associates and successors, are hereby made a 

corporation, by the name of the Medford Gas Light Com- 

Purpose. pany, for the purpose of making and selling gas in the towns 

Powers,duties, of Mcdford and West Cambridge ; with all the powers and 

privileges, and subject to all the duties, restrictions and 



1854.— Chapter 204. 135 

liabilities, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 

Sect. 2. The capital stock of said company shall not ex- Capital, 
ceed the sum of three hundred thousand dollars ; and said feai estate 
company may hold such real estate as may be necessary and ,?ioo,ooo. 
convenient for the purpose aforesaid, not exceeding in value 
the sum of one hundred thousand dollars. 

Sect. 3. No shares in the capital stock of said company No shares to 
shall be issued for a less sum or amount, to be actually paid der^par! 
in on each, than the par value of the shares which shall be 
first issued. 

Sect. 4. Said company, with the consent of the select- May open the 
men of the towns of Medford and West Cambridge, respect- |[p^s° &c.^^ 
ively, shall have power and authority to open the ground in 
any part of the streets, lanes and highways, in said towns, 
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 company, after opening the ground 
in said streets, lanes and highways, shall be held to put the 
same again in repair, under the penalty of being prosecuted 
for a nuisance : provided, however, that said selectmen, for Provided, &c. 
the time being, shall at all times have the power, in their 
respective towns, to regulate, restrict and control, the acts 
and doings of said company, which may in any manner affect 
the health, safety, or convenience of the inhabitants of said 
towns. 

Sect. 5. This act shall take eifect from and after its 
passage. {^Approved by the Governor, March 31, 1854] 

An Act to increase the Capital Stock of the Salisbury Manufacturing Chap, 204 

Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. The Salisbury Manufacturing Company is here- Additional 
by authorized to increase its capital stock, by an amount ^^p^'^^- 
not exceeding three hundred thousand dollars, and to invest 
such increase, in real and personal estate, necessary and Hold real and 
convenient for carrying on the business of the said corpo- p"^"'^^^ ''®^'^*'' 
ration : provided, however, that no shares in the capital Proviso, 
stock of the 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 have been already issued. 



136 1854.— Chapter 205. 

Doings con- Sect. 2. The doiiigs of the directors and corporation, 

""^ ■ in issuing stock from time to time heretofore, are hereby 

ratified and confirmed. [Approved by the Governor, March 

31, 1854.] 

Chap. 905 An Act in addition to An Act to incorporate the Cambridge Railroad 

Company. 

Be it enacted by the Senate and Honse of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

May remove Sect. 1. That at any time after the expiration of one 
year from the opening for use, of the tracks of said rail- 
road, in any street in which the same may be located, as 
provided by its charter, the mayor and aldermen of the 
cities of Boston and Cambridge respectively, may, by vote 
of the major part thereof, determine as to so much of said 
track as is located within the limits of their respective 
cities, that the same, or any part thereof, be discontinued, 
and thereupon the location shall be deemed to be revoked, 
and the tracks of said railroad shall forthwith be taken up 
and removed, in conformity with such vote, or order of said 

Proviso. mayor and aldermen : provided, that such taking up and 

removal shall be at the expense of said railroad company. 

Fare. Sect. 2. The ratcs of fare upon the said railroad, be- 

tween any two points in the city of Boston, shall never 
exceed five cents for each passenger, unless with the assent 
of the mayor and aldermen of said city. 

Notice to abut- Sect. 3. Noticc to abuttors on streets in which it may 
be proposed to lay the tracks of said corporation, shall be 
given, by the publication, in one or more newspapers pub- 
lished in the cities of Boston and Cambridge, of an order 
of notice from the mayor and aldermen of said respective 
cities, fourteen days at least, prior to 'the location of any 
such tracks. 

Cities may pur- Sect. 4. Either of the cities of Boston and Cambridge, 
if it so elect, may purchase, on the same terms and condi- 
tions as are mentioned in the 7th section of the act to 
which this is an addition, that part of the corporate prop- 
erty of this company which relates or lies within its own 
limits, paying therefor a proportional sum, to be ascertained 
by commissioners to be appointed by the supreme judicial 
court. 

Act void, un- SECT. 5. This act shall be void and of no effect, unless 
the same shall be accepted by the city council of the cities 



tors. 



chase, &c. 



less, &c. 



1854.— Chapters 206, 20t. 137 

of Boston and Cambridge respectively, within one year from 
the date hereof. 

Sect. 6. This act shall take effect from and after its 
passage. [Approved by the Governor, March 31, 1854.] 

An Act relating to Contracts for Public Works. Chap. *206 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

All contracts to be made hereafter by county commission- Certain con- 
ers, for public "works, within their respective counties in in ^,^*itiSg^. ^ 
this Commonwealth, shall, if exceeding three hundred dol- 
lars in amount, be made in writing, after due notice for pro- 
posals therefor shall have been issued and published, at 
least three times, in some newspaper published in the coun- 
ty or town, which may be interested therein. [Approved 
by the Governor, March 31, 1854.] 



An Act to incorporate the West Cambridge Gas Light Company. Chap. 207 

Beit enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. John Schouler, John Field, Nathan Bobbins, Corporators. 
their associates and successors, are hereby made a corpo- 
ration, by the name of the West Cambridge Gas Light 
Company, for the purpose of making and selling gas in the Purpose, 
town of West Cambridge ; with all the powers and privi- Powers.duties, 
leges, and subject to all the duties, restrictions and liabili- '^' 
ties, set forth in the thirty-eighth and forty-fourth chapters 
of the Revised Statutes. 

Sect. 2. Said corporation may hold such real and per- Hold real and 
sonal estate, as may be necessary and convenient, for the'^"^"'^'^ ^^^^ 
purposes aforesaid, not exceeding in value the sum of fifty 
thousand dollars. 

Sect. 3. No shares in the capital stock of said company, JJ'o s^^i-es to 
shall be issued for a less sum or amount, to be actually par. 
paid in on each, than the par value of the shares which 
shall be first issued. 

Sect. 4. Said corporation, with the consent of the se- May ope'J_^*^« 
lectmen of the town of West Cambridge, shall have power pipes, &c. 
and authority to open the ground in any part of the streets, 
lanes and highways, in said town, for the purpose of sink- 
ing and repairing such pipes and conductors, as it may be 
18 



138 , 1854.— Chapters ^08, 209. 

necessary to sink, for the purpose aforesaid ; and the said 
corporation, after opening the ground in said streets, lanes 
and highways, shall be held to put the same again in repair, 
under the penalty of being prosecuted for a nuisance : fro- 
Proviso. vided, hoiuever, that said selectmen, for the time being, shall, 

at all times, have the power to regulate, restrict, and con- 
trol the acts and doings of said corporation, which may, in 
any manner, affect the health, safety and convenience of the 
inhabitants of said town. 

Sect. 5. This act shall take effect from and after its 
passage. {^Approved by the Governor, March 31, 1854.] 



Chap. 208 An Act to authorize the Trustees of the Union Street Methodist Epis- 
copal Church in Springfield, to sell Real Estate. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authoi'ity of 
the same, as folloivs : 

Trustees may The trustccs of the Uniou Methodist Episcopal Church, 
sell real estate. -^^ Springfield, or their successors in office, are hereby au- 
thorized to sell, and convey by deed, any real estate which 
they may hold in trust, conveyed to said church by deed of 
John W. Hardy, on the twenty-fourth day of May, in the 
Proviso. year eighteen hundred and twenty-five : provided, that the 

whole amount received from such sale be appropriated, or 
held and managed by said trustees, and their successors in 
office, in and upon the same trusts, and for the purposes 
specified in said deed. {^Approved by the Governor, March 
31, 1854.] 

Chap. 209 An Act in addition to "An Act to incorporate the Merchants' and 
Farmers' Mutual Fire Insurance Company." 

Be it enacted by the Seriate and House of Represetita- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Guaranteecap- Sect. 1. The Said Merchants' and Farmers' Mutual Fire 
^^^^' Insurance Company, established at Worcester, may open 

books of subscription, for a guarantee capital of fifty thou- 
May increase saud dollars, with Icavc to increase the same to the sum of 
capital. ^^^ hundred thousand dollars, which shall be paid in within 

three years from the passage of this act ; and whenever said 

sum of fifty thousand dollars shall be subscribed and paid 
Policies, when in. Said Corporation may insure and issue policies, otherwise 
issued. ihdiU upon the mutual principle. Said guarantee capital 

shall be divided into shares by said corporation, and shall 



1854.— Chapter 210. 139 

be entitled to receive a semi-annual dividend, not exceeding Dividends. 
four per centum ; and said corporation may invest its funds 
in any manner insurance companies or savings banks are or 
may be, by law, authorized to do. 

Sect. 2, At the annual meeting next after the time of Surplus profits, 
issuing policies upon the stock principle, and at each suc- 
ceeding annual meeting, said corporation may cause an 
examination and estimate to be made of any surplus or 
profits accruing and remaining from the receipts or income 
of business done upon the stock principle ; and if, after 
providing for all outstanding risks, losses, interest on guar- 
antee capital, incidental expenses, and other liabilities, 
chargeable to that portion of the business done upon the 
stock principle, there shall remain any surplus or profits, 
the same may be set aside, as a reserve fund, to be applied 
to the redemption of the guarantee capital. And whenever. How applied, 
after the expiration of ten years from the commencement 
of business on the stock principle, there shall be suSicient 
amount of reserved fund to redeem the whole or a part of 
said guarantee capital, and the corporation shall vote to 
redeem it, the same shall be redeemed, provided, however, Proviso, 
that it shall not be so redeemed in less amounts, at one 
time, than twenty-five per cent, of the capital existing at 
the time of such redemption. {^Approved by the Governor, 
March 31, 1854] 

An Act in relation to the Peterborough and Shirley Railroad Company. QJiQp^ 210 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The Peterborough and Shirley Railroad Com- May purchase 
pany in Massachusetts, is hereby authorized to purchase and ^'^°'^''" 
hold stock in the Peterborough and Shirley Railroad Com- 
pany, a corporation established by the laws of New Hamp- 
shire, and to purchase and hold bonds and debts against 
said company : provided, the whole amount to bo paid for Proviso. 
such stock, bonds and debts, shall not exceed aeventy-five 
thousand dollars. 

Sect. 2. The said Peterborough and Shirley Railroad May take lease. 
Company in Massachusetts, are hereby authorized to take a 
lease of said Peterborough and Shirley Railroad Company • 
in New Hampshire. 

Sect. 3. This act shall not take effect unless the same Not to take ef- 
shall be accepted by the stockholders of said company, at a 
meeting called for that purpose, before the first day of Jan- 



140 1854.— Chapter 211. 

uary next, and no purchase of stock, bonds, or debts, shall 
be made, and no lease taken, as provided in this act, unless 
the same shall be authorized by the stockholders of said 
Peterborough and Shirley Railroad Company in Massachu- 
setts, at a meeting called for that purpose. [App7'oved by 
the Governor, March 31, 1854.] 

Chap. 211 An Act io incorporate the Woburn Gas Light Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Abijah Thompson, Charles Choate, Albert H. 
Nelson, their associates and successors, are hereby made a 
corporation, by the name of the Woburn Gas Light Com- 
pany, for the purpose of making and selling gas, in the town 
Powers, duties, of Wobum ; with all the privileges and powers, and subject 
^'^' to all the duties, restrictions and liabilities, set forth in 

the thirty-eighth and forty-fourth chapters of the Revised 
Statutes. 
Hold real and Sect. 2. Said corporation may hold such real and per- 
personai estate gQ^j^j estate as may be necessary and convenient, for the 
purposes aforesaid, not exceeding in value the sum of one 
hundred thousand dollars. 
No shares to Sect. 3. No sharcs in the capital stock of said company 
der par! "'^' sliall be issucd 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 open the Sect. 4. Said Corporation, with the consent of the se- 
pipes°*&S?^ lectmen of the town of Woburn, shall have power 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 neces- 
sajj^ to sink for the purpose aforesaid; and the said com- 
pany, after opening the ground in said streets, lanes and 
highways, shall be held to put the same again in repair, 
under the penalty of being prosecuted for a nuisance : pro- 
Proviso. vided, however, that said selectmen, for the time being, shall 

at all times have the power to regulate, restrict and control 
the acts and doings of said company, which may, in any 
manner, affect the health, safety or convenience of the in- 
habitants of said town. 

Sect. 5. This act shall take effect from and after its 
passage. {^Approved by the Governor, March 31, 1854.] 



1854.— Chapters 212, 213. 141 

An Act to incorporate the Greenfield Gas Light Company. Ch(W. 212 

Be it enacted by the Senate and House of Representa- 
tives, iji General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Franklin Ripley, Wendell T. Davis, Eufus Corporators. 
H6wland, their associates and successors, are hereby made 
a corporation, by the name of the Greenfield Gas Light 
Company, for the purpose of manufacturing and selling gas, 
in the towns of Deerfield and Greenfield; with all the pow- Powers, piivi- 
ers and privileges, and subject to all the duties, restrictions ^®s®^' ^'^' 
and liabilities, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 

Sect. 2, Said corporation may, for the purpose afore- Real estate, 
said, hold real estate, not exceeding in value twenty thou- fl^^^i^ ' 
sand dollars ; and the whole capital stock shall not exceed goo.ooo. 
fifty thousand dollars. 

Sect. 3. Said corporation, with the consent of the se- May open the 
lectmen of the towns of Deerfield and Greenfield, shall ^[peJ^'&j!'^ 
have the power and authority to open the ground, in any 
part of the streets, lanes and highways, in said towns, for 
the purpose of sinking and repairing such pipes and con- 
ductors as it may be necessary to sink, for the purpose 
aforesaid; and the said corporation, after opening the 
ground, in such streets, lanes and highways, shall be held to 
put the same again into repair, under the penalty of being 
prosecuted for a nuisance : provided, however, that the said Proviso, 
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 • 

towns. 

Sect. 4. No shares in the capital stock of said cor- No shares to 
poration shall be issued, for a less sum or amount, to be der^pl'i^^ ""' 
actually paid in on each, than the par value of the shares 
which shall first be issued. ^Approved by the Governor, 
March 31, 1854.] 

An Act to incorporate the Housatonic Mutual Fire Insurance Company. Chcti). 213 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The members of the Mechanics' and Farmers' Corporations 
Mutual Fire Insurance Company, established in Stockbridge, 



142 1854.— CHArTER 214. 

and the members of the Great Barrington Mutual Fire In- 
surance Company, established at Great Barrington, are 
hereby made a corporation, by the name of the Housatonic 
Mutual Fire Insurance Company, in Stockbridge ; for the 
purpose of insuring dwelling-houses and other buildings, 
and personal property, against loss by fire ; with all the 

Powers, piivi- powcrs and privileges, and subject to all the duties, liabili- 

leges, &c. ^-gg ^^^ restrictions, set forth in the thirty-seventh and for- 
ty-fourth chapters of the Revised Statutes, and in all sub- 
sequent acts relating to mutual fire insurance companies : 

Proviso. provided, however, that said Mechanics' and Farmers' Mu- 

tual Fire Insurance Company, and said Great Barrington 
Mutual Fire Insurance Company, shall, respectively, continue 
to exist, as corporations, for the term of two years from 
the passage of this act, for the purpose of closing their 

Not to impair aflfairs : and provided, also, that this act shall not affect the 

legal rights. Iq„qI rights of any person. 

When to take Sect. 2. TMs act shall not take effect, until it shall be 

* ^*'*" accepted by the members of said corporations, respectively, 

at meetings called for that purpose. [Approved by the Gov- 
ernor, March 31, 1854.] 

Chap. 214 An Act to incorporate the Russell Mills. 

Be it enacted by the Senate a7id House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloics : 

Corporators. Sect. 1. Nathaniel Russell, Andrew L. Russell, Le 
Baron Russell, their associates and successors, are hereby 
made a corporation, by the name of the Russell Mills, for 
Purpose. the purpose of manufacturing cotton, woollen, linen and 

other goods, in the town of Plymouth, and county of Ply- 
Powers, liabiii- mouth ; with all the powers and privileges, and subject to 
ties, &c. ^\\ -j^jjg duties, restrictions and liabilities, set forth in the 

thirty-eighth and forty-fourth chapters of the Revised Stat- 
utes. 
Real estate, Sect. 2. The Said Corporation may hold, for the pur- 
fapUai!^ ' poses aforesaid, real estate not exceeding, in value, one 
;g300,o6o. hundred and fifty thousand dollars, and the whole capital 
stock of said corporation, shall not exceed three hundred 
thousand dollars. 
No_ shares to Sect. 3. No sharcs in the capital stock of the said cor- 
de/p^ar! ^^' poratiou, 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. 



1854.— Chapters 215, 216. 143 

Sect. 4. This act shall take efifect from and after its 
passage. [Appj-oved by the Governor, March 31, 1854.] 

An Act concerning the Salary of the Assistant Clerk of the Courts of Chaj). 215 

the County of Worcester. 

Be it enacted by the Senate and House of Representa- 
tives, iyi General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The assistant clerk of the courts in the county Salary fixed. 
of Worcester, shall receive, for his services as assistant 
clerk of said courts, the sum of sixteen hundred dollars a 
year, to be paid to him, in equal quarter yearly payments, 
from the treasury of said county. 

Sect. 2. So much of the two hundred and thirty-sixth Jnconsis^tent^ 
chapter of the acts of the year one thousand eight hundred 
and fifty, and of the two hundredth chapter of the acts of 
the year one thousand eight hundred and fifty-two, as is 
inconsistent with this act, is hereby repealed. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, March SI, 1S54:,'\ 



An Act to incorporate the Protestant Episcopal School of the Diocese Chcip. 216 
of Massachusetts, for Orphan Boys. 

Be it enacted by the Seiiate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. Manton Eastburn, Asa Eaton, William I. Smith- Corporators. 
ett, Charles Mason, William R. Lawrence, George M. Dex- 
ter, George W. Beck, and their successors, are hereby made 
a corporation, by the name of the Protestant Episcopal 
School of the Diocese of Massachusetts for Orphan Boys, 
for the purpose of furnishing to orphan boys and others, a Purpose, 
thorough English education, with all the powers and priv- 
ileges, and subject to all the liabilities, restrictions and re- 
quirements, set forth in the forty-fourth chapter of the 
Revised Statutes. 

Sect. 2. The said corporation may take and hold real Hold real and 
and personal estate, for the purpose aforesaid, to an amount p^''^°'^* es a e 
not exceeding two hundred thousand dollars. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, March 31, 1854.] 



144 1854.— Chapters Sil7, 218. 

Chap. 217 An Act to extend Sargent's Wharf, in Gloucester. 

Be it enacted hy the Senate and House of Representa-- 
tives, in General Court assembled, and hy the authority of 
the same, as folloivs : 

Wharf extend- Georg-e H. Rogers, proprietor of a wharf known as " Sar- 
gent's Wharf," in the harbor of the town of Gloucester, is 
hereby authorized to extend and maintain said wharf, in its 
present width, eighty feet into the harbor, in the direction 
Right of wharf- it now ruus, and shall have the right to lay vessels at the 
^^^- end and sides of said wharf, and receive wharfage and dock- 

Proviso, age therefor: provided, that this grant shall in nowise 

impair the legal rights of any person. {^Approved hy the 
Governor, Maixh 31, 1854.] 

Chap. 218 An Act authorizing the Boston Wharf Company to construct their Wharf 

to the Commissioners' Line. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as folloivs : 

May extend Sect. 1. The Boston Wharf Company is hereby autho- 

wharf. rized to extend and maintain its wharf in that part of Bos- 

ton called South Boston, to the commissioners' line, of solid 
filling, established by an act entitled " An Act concerning 
the Harbor of Boston," passed May 25, 1853, and shall 
Rightofwharf- have the right to lay vessels at the end and sides of said 
^s^- wharf, and receive wharfage and dockage therefor : provided. 

Proviso. however, that this grant shall not be construed to extend to 

any flats or land lying in front of the flats of any other per- 
sons, or which would be comprehended by the true lines of 
such flats continued to the said commissioners' line : and 
Provided, also, provided, also, that this grant shall not impair the legal 
rights of any person or corporation whatever : and provid- 
ed, also, that the said wharf shall be bounded on Fore Point 
Channel by the commissioners' line, established by an act 
entitled "An Act concerning the Harbor of Boston," passed 
on the seventeenth day of March, in the year of our Lord 
one thousand eight hundred and forty. 
To conform to Sect. 2. The Boston Wharf Company, in making the 
pan, c-o. extensions and improvements authorized by this act, shall 
conform to any plan which may be adopted by commission- 
ers appointed under the authority of the present legisla- 
ture, for the improvement of the South Boston flats on the 
east side of Fore Point Channel. 



1854— Chapters 219, 220 145 

Sect. 3. The city of Boston shall have the ri^ht to lay Right of city to 
out such streets, with sewers under the same, as public con- ^^ °" 
venience and necessity may require, on the territory, over 
which the Boston Wharf Company is hereby authorized to 
construct their wharf: provided, hoivevei', that all such Proviso, 
streets shall be laid out within one year from the passage 
of this act. 

Sect. 4. This act shall not authorize said company to Privileges iim- 
hold any flats, whicli shall not be embraced between the 
true lines of its estate, legally extended, nor to iaterfere 
with, nor to take compensation for any easement, which the 
legislature have already granted to any railroad, or other 
corporation, in or over said flats. 

Sect. 5. The Boston Wharf Company shall pay their Company ^to 
proportion of the expenses of making the excavations, set of'expense. 
forth in the fifth section of the two hundred and fifty-fourth 
chapter of the acts of the year eighteen hundred and fifty; 
said proportion to be assessed by the commissioner appoint- 
ed under said act. [Approved by the Governor, April 4, 
1854.] 

An Act in addition to an Act concerning the Transit of Alien Passengers. CllClp. 219 

Be it enacted by the Senate and House of Representa- 
tives, ill General Coiirt assembled, and by the authority of 
the same, as follows : 

The act of one thousand eight hundred and fifty-three. Act amended. 
chapter three hundred and sixty, is so far amended, as that 
if any alien passenger, on whose account the commutation 
money has been refunded or bonds cancelled, shall, within 
five years from the date thereof return into this State and 
become a public charge, then the party who originally paid 
the commutation money or gave the bond, shall become re- 
sponsible for and pay the cost of the support of such alien, 
in the same manner as if a bond had been taken and not 
cancelled. [Approved by the Governor, Aprils, 1854.] 



An Act to incorporate the Rutland Academy. Chcip. 220 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. B. H. Tripp, D. Bartlett, A. H. Temple, their Corporators, 
associates and successors, are hereby made a corporation, 
by the name of the Rutland Academy, to be established in 
the town of Rutland, in the county of Worcester ,• with all 
19 



146 1854.— Chapters 221, 222. 

Powers.duties, the powers and privileges, and subject to all the duties, 
liabilities and restrictions, set forth in the forty-fourth chap- 
ter of the Revised Statutes. 
520,000 real Sect. 2. Said corporation may hold real and personal 
estate"''°°^ estate, to an amount not exceeding twenty thousand dollars, 
exclusive of books and apparatus, to be devoted solely to 
the purposes of education. [Approved by the Governor, 
April 4:, 1854.] 



Chap. 221 -^^ -^^^ to incorporate the Boot and Shoe Manufacturers' Mutual Fire 

Insurance Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Corporators. Sect. 1. Daniel C. Baker, Stephen Oliver, Jr., F. S. 
Newhall, their associates and successors, are hereby made 
a corporation, by the name of the Boot and Shoe Manufac- 
turers' Mutual Fire Insurance Company, in the city of Lynn, 

Duration. for the tcrm of twenty-eight years, for the purpose of insur- 
ing buildings and personal property against loss or damage 

Powers, privi- by fire ] with all the powers and privileges, and subject to 

eges, -c. ^ii ^^^ duties, liabilities and restrictions, set forth in the 
thirty-seventh and forty-fourth chapters of the Revised 
Statutes, and in all subsequent acts relating to mutual fire 
insurance companies. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, April 4, 1854.] 



Chap. 222 An Act relating to Day's Academy. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assetnbled, and by the authority of 
the same, as foUoivs : 

Number of The number of the trustees of Day's Academy, in Wren- 

duced. tham, m the county of Norfolk, may be reduced to fifteen, 

eight of whom shall be necessary to constitute a quorum for 
doing business, but a less number may, from time to time, 
adjourn, until a quorum can be constituted ; anything con- 
tained in the act incorporating said academy, approved on 
the thirteenth day of March, in the year one thousand eight 
hundred and six, to the contrary, notwithstanding. [Ap- 
proved by the Governor, April 4, 1854.] 



1854.— Chapters 223, 224. 147 

An Act to incorporate the Ladies' Benevolent Society, of the First Qj^ciy)^ 223 

Religious Society of Newburyport. -^ 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Margaret H. Andrews, Sarah J. Johnson, Corporators. 
Elizabeth S. Nojes, their associates and successors, are 
hereby made a corporation, by the name of the Ladies' 
Benevolent Society of the First Religious Society, in New- 
buryport, for the purpose of providing for the wants of Purpose, 
sick and destitute persons of said religious society ; with 
all the powers and privileges, and subject to all the duties, Powers, privi- 
liabilities and restrictions, set forth in tlie forty -fourth ^*^°^^' ^''^ 
chapter of the Revised Statutes ; and for the purpose 
aforesaid, may take and hold real and personal estate to an ,510,000 real 
amount not exceeding ten thousand dollars. estafe!"^^""*^ 

Sect. 2. All the officers of the said society, except the officers. 
treasurer, may be married women ; the treasurer, if a female, 
shall be unmarried. 

Sect. 3. This act shall take effect from and after its 
passage. ^Approved by the Governor, April 4, 1854.] 



An Act to set off a part of the Town of Methuen, and annex the same to Chcip. 224 

the City of Lawrence. 

Be it enacted by the Seriate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. So much of the town of Methuen, in the county Boundaries. 
of Essex, as lies within the following described limits, 
namely : Beginning at the point of intersection of the 
Londonderry Turnpike, (so called,) and the northerly line 
of the city of Lawrence, near the house of Abiel Stevens ; 
thence running north sixty-one degrees east, to the easterly 
line of school district number four, in said Methuen ; thence 
running south, seventy-nine degrees east, in a straight line, 
crossing the road north of the house of Isaac B. Cobb, to 
the Merrimack River ; thence running by said river, to the 
north-easterly line of said Lawrence ; thence following the 
northerly and easterly line of said Lawrence, to the point 
lirst begun at, with all the inhabitants and estates thereon, setoff to city 
is hereby set off from the town of Methuen, and annexed to °^ Lawrence, 
the city of Lawrence : provided, hoivever, that for the pur- Proviso, 
pose of electing representatives to the general court, to 
which the said town of Methuen is entitled, until the next 



148 



1854.— Chapter 224. 



Concerning 
taxes. 



Support of 
paupers. 



List of voters 
to be furnished 
to Methuen. 



School dis- 
tricts. 



decennial census shall be taken, in pursuance of the thir- 
teenth Article of Amendment to the Constitution, the said 
territory shall remain and continue to be a part of the town 
of Methuen, and the inhabitants resident therein shall be 
entitled to vote in the choice of such representatives, and 
shall be eligible to the office of representative in the town 
of Methuen, in the same manner as if this act had not been 
passed. 

Sect. 2. The said inhabitants and estates so set off, 
shall be liable to pay all taxes that have been legally 
assessed on them by the town of Methuen, in the same 
manner as if this act had not been passed. And until the 
next general valuation of estates in this Commonwealth, the 
city of Lawrence shall annually pay over to the said town 
of Methuen, the proportion of any state or county tax 
which the said town of Methuen may have to pay, upon the 
inhabitants or estates hereby set off. 

Sect. 3. If any persons who have, heretofore, gained a 
legal settlement in the town of Methuen, by reason of resi- 
dence on the territory set off as aforesaid, or by having 
been proprietors thereof, or who may derive such settlement 
from any such resident or proprietor, shall stand in need of 
relief or support as paupers, they shall be relieved and sup- 
ported by the said city of Lawrence, in the same manner as 
if they had gained a legal settlement in that town. 

Sect. 4. The mayor and aldermen of the city of Law- 
rence shall, annually, fourteen days, at least, before the 
second Monday of November, furnish to the selectmen of 
Methuen a correct list, so far as may be ascertained from 
the records of the city of Lawrence, or any of its officers, 
of all persons resident on the territory hereby set off, who 
shall be entitled to vote for representatives, as aforesaid, in 
Methuen. 

Sect. 5, The said town of Methuen is hereby authorized 
to change the line of any school district, if they shall deem 
it expedient, by reason of the change of line in said town 
hereby made. 

Sect. 6. This act ^ shall take effect from and after its 
passage. [Approved by the Governor, April 4, 1854.] 



1854.— Chapters 225, 226. 149 

An Act to set off a part of the Town of Dighton and annex the sarae Chcif). 225 
to the Town of Somerset. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled; and by the authority of 
the same, as follows : 

Sect. 1. So much of the town of Dighton, in the county Boundaries, 
of Bristol, as lies within the following described limits, 
namely : Beginning at a point, in the line between Somerset 
and Dighton, one hundred and three rods easterly of the 
stone monument at the westerly shore of Broad Cove, so 
called ; thence running northerly, at a right angle with said 
line, thirteen rods ; thence easterly, parallel with the said 
line between Somerset and Dighton, thirteen rods ; thence 
southerly, at a right angle with the last mentioned course, 
to the said line between Somerset and Dighton ; thence fol- 
lowing the said line between Somerset and Dighton, to the 
point first begun at, is hereby set ofl' from the town of Annexed to 
Dighton and annexed to the town of Somerset. Somerset. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, April 4, 1854.] 



An Act authorizing a Loan of the State Credit to enable the Troy and Chap. 226 
Greenfield Railroad Company to construct the Hoosac Tunnel. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The Treasurer of the Commonwealth is hereby Scrip to be is- 
authorized and instructed to issue scrip, or certificates of oftheSmmon- 
debt, in the name and in behalf of the Commonwealth, and wealth, to the 
under his signature and the seal of the Commonwealth, for g^oooiolf, 
the sum of two millions of dollars, which may be expressed redeemable in 
in the currency of Great Britain, and may be payable to *^^'^*^ ^^^"" 
the bearer thereof in London, and bearing an interest of 
five per cent, per annum, payalDle semi-annually in London, 
on the first days of April and October ; or the said scrip 
may be issued in federal currency, payable in Boston, as the 
directors of the Troy and Greenfield Railroad Company shall 
elect when they apply for each and every issue of said scrip, 
with warrants for the interest attached thereto, signed by 
the treasurer ; which scrip or certificates, in the currency of 
Great Britain, shall be redeemable in London, and those in 
the federal currency, at Boston, at the end of thirty years 
from the date thereof, and the same shall bear date on the 
first day of April or October which shall precede the issue 



150 1854.— Chapter 226. 

Countersigned of each portion of Said scrip ; and all such scrip shall be 
y governor, countcrsigned by the governor of the Commonwealth, and 
be deemed a pledge of the faith and credit of the Common- 
wealth, for the redemption thereof; and the treasurer of 
the Commonwealth, under the conditions herein-after pro- 
vided, shall deliver the same to the treasurer of the Troy 
Purpose. and Greenfield Railroad Compan}-, for the purpose of en- 
abling the said company to construct a tunnel and railroad 
under and through the Hoosac Mountain, in some place 
between the " Great Bend " in Decrfield River, in the town 
of Florida, at the base of Hoosac Mountain on the east, and 
the base of the western side of the mountain, near the east 
end of the village of North Adams, on the west. 
To be delivered Sect. 2. Whenever it shall be made to appear to the 
corpoTation o"n Satisfaction of the governor and council, that the Troy and 
condition. Greenfield Railroad Company shall have obtained subscrip- 
tions to their corporate stock, in the sum of six hundred 
thousand dollars, and twenty per cent, on each and every 
share of said six hundred thousand dollars shall have been 
actually paid in, and shall have completed seven miles of 
their said railroad, in one or two sections, and one thou- 
sand lineal feet of their said tunnel under the Hoosac, in 
one or more sections, of size sufficient for one or more 
railroad tracks, a portion of said scrip, to the amount of 
one hundred thousand dollars, shall be delivered to the 
treasurer of said company ; and when said company shall 
have completed, in one or two sections, ten miles of their 
said railroad, and two thousand lineal feet of their said 
tunnel, in one or more sections, another portion of said 
scrip, to the amount of one hundred thousand dollars, shall 
be delivered to the treasurer of said company ; and when 
said company shall have completed fifteen miles of their 
said railroad, in one or two sections, and three thousand 
lineal feet of their said tunnel, in one or more sections, 
another portion of said scrip, amounting to one hundred 
thousand dollars, shall be delivered to the treasurer of said 
company; and when said company shall have completed 
twenty miles of their said railroad, in one or two sections, 
and four thousand lineal feet of their said tunnel, in one or 
more sections, another portion of said scrip, amounting to 
one hundred thousand dollars, shall be delivered to the 
treasurer of said company ; and when said company shall 
have completed twenty-five miles of their said railroad, in 
one or two sections, and five thousand lineal feet of their 
said tunnel, in one or more sections, another portion of said 



1854.— Chapter 226. 151 

scrip, amounting to one hundred thousand dollars, shall be 
delivered to the treasurer of said company ; and when said 
company shall have completed thirty miles of their saW 
railroad, in one or two sections, and six thousand lineal feet 
of their said tunnel, in one or more sections, another por- 
tion of said scrip, amounting- to one hundred thousand dol- 
lars, shall be delivered to the treasurer of said company ; 
and when said company shall have completed thirty-two 
miles of their said railroad, in one or two sections, including 
all their line to be constructed east of the town of Florida, 
and seven thousand lineal feet of their said tunnel, in one 
or more sections, another portion of said scrip, amounting 
to one hundred thousand dollars, shall be delivered to the 

. treasurer of said company ; and for each additional portion 
or portions of said tunnel, of fifteen hundred lineal feet, in 
one or more sections, completed by said company, another 
portion of said scrip, amounting to one hundred thousand 
dollars, shall be delivered to the treasurer of said company ; 
subject, however, to this proviso, that the last two hundred 

■ thousand dollars of said scrip shall be reserved until said 
company, their successors or their representatives, have 
opened said railroad for use through the Hoosac, and laid 
a continuous railroad from Greenfield to the line of the 
State in Williamstown, wheii the same shall be delivered : 
provided, that prior to the second delivery of scrip to Proviso, 
the treasurer of the Troy and Greenfield Railroad corpora- 
tion, according to the provisions of this section, evidence 
shall be furnished, satisfactory to the governor and council, 
that a sum, equal to thirty per cent, of the amount of the 
scrip then applied for, shall have been actually paid to the 
treasurer of said corporation, in cash, by the stockholders 
-thereof, in addition to the hundred and twenty thousand 
dollars to be paid prior to the delivery of any scrip. And 
that on each application for scrip, in pursuance of the pro- 
visions of this section, and prior to the delivery thereof, 
satisfactory evidence shall be furnished to the governor and 
council, that a sum, equal to thirty per cent, of the amount 
of scrip then applied for, has been actually paid to the 
treasurer of said corporation, until six hundred thousand 
dollars subscribed for have been paid by the stockholders. 
And no scrip shall be delivered till satisfactory evidence of 
such payment is, from time to time, furnished to the gov- 
ernor and council. 

Sect. 3. "Whenever the treasurer of said company shall Amounts paid 
receive any of said scrip, he shall, within three months from ^°^^^ ^"^^ "° 



152 1854.— Chapter 226. 

the receipt of the same, pay to the commissioners of the 
sinking fund, by this act hereafter established, ten per cent, 
on the amount of scrip so taken, as a sinking fund ; after 
the whole of said road is open for use, twenty-five thousand 
dollars annually, shall be set apart from the income of said 
road and paid to said commissioners, and the whole thereof 
shall be added to said sinking fund, and shall be managed, 
invested and appropriated, as is, or shall be provided by 
law, in relation thereto. 
Commissioners Sect. 4. The treasurer of the Commonwealth, the au- 
ofsinkmgfund ^1^^^ of accounts of the Commonwealth, and the treasurer 
of the Troy and Greenfield Railroad Company for the time 
being, shall be the commissioners of the sinking fund of 
the Troy and Greenfield Railroad Company. The said 
commissioners shall have the care and management of all 
the moneys, funds and securities at any time belonging to 
said sinking fund, and shall invest the same ; but the moneys 
not invested, and all the securities of said fund, shall be in 
the custody of the treasurer of said Commonwealth. 

Sect. 5. This act shall not take effect until said compa- 
Corporation to ny, at an annual meeting, or at a special meeting duly noti- 
cured^to'^com- ^^^ ^^r that purposc, shall have assented to the provisions 
ply with piovi- thereof, and shall have executed to the Commonwealth a 
sions IS \^Qj^^^ jj^ g^^gjj form as the attorney-general prescribed on 
the issuing of scrip to the Western Railroad Corporation, 
conditioned, that the Troy and Greenfield Railroad Company 
shall comply with the provisions of this act, and shall faith- 
fully expend the proceeds of said scrip as herein provided, , 
and shall indemnify and save harmless, the Commonwealth, 
from all loss or inconvenience on account of said scrip, and 
that said company shall well and truly pay the principal 
sum of said scrip, punctually when the same shall become 
due and payable, or such part thereof as the sinking fund 
aforesaid shall be insufficient to pay, and the interest there- 
on semi-annually, as the same shall fall due, and shall also 
assign to the Commonwealth, by suitable instrument or in- 
struments, of the same form with that or those prepared by 
the attorney-general on the issuing of scrip to the Western 
Road, &c., to Railroad Corporation, the entire railroad, with its income, 
^ ^ ^ °^ ■ and all the franchise and property to them belonging, the 
whole thereof to be held by the Commonwealth ds a pledge 
or mortgage to secure the performance of all the conditions 
Proviso. of said bond: provided, however, that the Commonwealth 

shall not take possession of said pledged or mortgaged 
property, or any part thereof, under or by virtue of said 



1854.— Chapter 227. 153 

mortgage, unless for some substantial breach of some con- 
dition of said bond. 

Sect. 6. In addition to the security provided in the pre- Additional 
ceding section, the said company shall assign all the interest ^^'^^^"'^^'• 
they now have, or may hereafter obtain, in the Southern 
Vermont Railroad Company. 

Sect. 7. The Troy and Greenfield Railroad Company Location may 
are authorized, at any time prior to the execution of said ^® ^^^^sed. 
mortgage, and within one year from the passage of this act, 
to alter the present location of their road : ^roiJZ(/ec?, that Proviso, 
the tunnel shall be located and constructed within the limits 
prescribed by the first section of this act. 

Sect. 8. The time for completing the Troy and Green- Time for corn- 
field Railroad is hereby extended, for the additional termof^(j!^^°^^^*^^ " 
six years. 

Sect. 9. When the Commonwealth shall have advanced Two directors 
to said company, said bonds or scrip to the amount of five thefegfsktur^e! 
hundred thousand dollars, the legislature may elect two direc- 
tors of said company, who shall hold office for the same time, 
be elected in the same manner, and receive compensation to 
the same amount as the State directors of the Western 
Railroad Corporation, but neither of them, while holding 
such office, shall serve as a director of any other railroad 
company. [Appj'oved by the Governor, April 5, 1854.] 



An Act to incorporate the Woburn Five Cents Savings Bank. Chap. 227 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Stephen Dow, J. P. Converse, P. D. Converse, corporators. 
Stephen Nichols, Jr., Abijah Thompson, Horace Conn, N. 
Wyman, M. F. Winn, F. A. Thompson, Horace Collamore, 
Thomas Richardson, their associates and successors, are 
hereby made a corporation, by the name of the Woburn 
Five Cents Savings Bank, to be established in the town of 
Woburn ; with all the powers and privileges, and subject to Privileges, lia- 
all the duties, liabilities and restrictions, set forth in the ^'^^**^^' *°- 
thirty-sixth chapter of the Revised Statutes, and in all other 
laws of this Commonwealth relating to the institutions for 
savings. 

Sect. 2. Said corporation shall receive, on deposit, sums Deposits, 
as small as five cents. 

Sect. 3, Whenever any deposit shall be made by any Trustees may 
minor, the trustees of said corporation may, at their dis- p^^ *° mmors. 
20 



154 1854.— Chapter 228. 

cretion, pay to such depositor siicli sums as may be due to 
him or her, although no guardian shall have been appointed 
for such minor, or the guardian of such minor shall not have 
Minor's receipt authorized the drawing of the same; and the check, receipt, 
^^^^^' or acquittance of such minor shall be as valid as if the same 

was executed by a guardian of such minor, or the said minor 
was of full age, if such deposit was made, personally, by 
said minor. 

Sect. 4. This act shall take effect from and after its 
passage. [Approved by the Governor, April 7, 1854.] 



Chap. 228 An Act to incorporate the Charlestown Five Cents Savings Bank. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Corporators. Sect. 1. Gcorgc B. Neal, Thomas J. Stevens, A. Stone, 

Thomas Greenleaf, George H. Jacobs, George W. Bartlett, 

James Tuttle, Charles Thompson, D. D. Taylor, M. B. Sewall, 

Samuel Rice, Duncan Bradford, William Fosdick, Edward 

Pratt, Warren Sargent, their associates and successors, are 

X hereby made a corporation, by the name of the Charlestown 

Five Cents Savings Bank, to be established in the city of 

Charlestown ; with all the powers and privileges, and subject 

Duties, liabiii- to all the dutics, liabilities and restrictions, set forth in the 

ties, &c. thirty-sixth chapter of the Revised Statutes, and in all other 

laws of this Commonwealth relating to institutions for 

savings. 

Deposits. Sect. 2. Said corporation shall receive, on deposit, sums 

as small as five cents. 
Trustees may Sect. 3. Whenever any deposit shall be made by any, 
pay to minors, j^j^^qj.^ j^^^q trustees of said corporation may, at their dis- 
cretion, pay to such depositor such sums as may be due to 
him or her, although no guardian shall have been appointed 
for such minor, or the guardian of such minor shall not have 
Minor's receipt authorized the drawing of the same ; and the check, receipt, 
^*^^*' or acquittance of such minor, shall be as valid as if the same 

was executed by a guardian of such minor, or the said minor 
was of full age, if such deposit was made, personally, by 
said minor. 

Sect. 4. This act shall take effect from and after its 
passage. [Approved by the Governor, April 7, 1854,] 



1854.— Chapters 229, 230. 155 

An Act to incorporate the Pacific Mutual Insurance Company. Chap. 229 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Edward M. Robinson, Gideon Allen, Benjamin Corporators. 
T. Ricketson, their associates and successors, are hereby 
made a corporation, by the name of the Pacific Mutual 
Insurance Company, to be established in the city of New 
Bedford, for the purpose of making maritime loans, and in- Purpose, 
surance against maritime losses ; and for that purpose, shall 
have all the powers and privileges, and be subject to all the Duties, liabm- 
duties, restrictions and liabilities, set forth in the thirty- ^ ' 
seventh and forty-fourth chapters of the Revised Statutes, 
and an act concerning mutual insurance companies, passed 
May twenty-fourth, eighteen hundred and fifty-one, and all 
other acts in relation to mutual insurance companies. 

Sect. 2. No person effecting insurance with the said Liability of in- 

s i.ir 60.. 

company, shall be liable, in any court, beyond the premium 
paid by him, or secured to be paid. [^Approved by the Gov- 
ernor, April 7, 1854.] 



An Act to incorporate the Musical Education Society. CnCip. 260 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Samuel J. M. Homer, Oliver Edwards, William corporators. 
F. Goodwin, their associates and successors, are hereby 
made a corporation, by the name of the Musical Education 
Society, in Boston, for the purpose of promoting the culti- Purpose. 
vation of vocal music ; with all the powers and privileges, Powers, duties, 
and subject to all the duties, liabilities and restrictions, set '^' 
forth in the forty-fourth chapter of the Revised Statutes. 

Sect. 2. The said corporation mav hold real estate, to Real estate, 

Sf50 000 ■ 

the amount of fifty thousand dollars, and personal estate to personal', 
the amount of twenty-five thousand dollars, to be used for S25,ooo. 
the purposes of said corporation. {^Approved by the Gov- 
ernor, April 7, 1854.] 



156 1854.— Chapters 231, 232. 

Chap. 231 An Act to secure an Alewive Fishery at West Sandwich. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assemhledj and by the authority of 
the same, as follows : 
Exclusive Sect. 1. Isaac Keith, of Sandwich, in the county of 

hlrHn°s?^^^ Barnstable, his heirs and assigns, shall have the exclusive 
right to take and catch fish in the stream or creek known 
as Scusset River, and leading into the mill pond in West 
Sandwich, on Monday, Wednesday, Friday and Saturday, in 
Proviso. each week, and at no other time : provided, that the said 

Isaac Keith, his heirs or assigns, shall open a good and suf- 
ficient passage way around the dam or dams erected on said 
stream, to enable the fish to go into said mill pond to 
spawn, and maintain and keep the said passage ways open 
and unobstructed, from the tenth day of April to the twen- 
tieth day of May, inclusive, in each year. 
Penalty for ta- Sect. 2. Any pcrsou or persons taking fish from said 
ou°^c^nsenT^' stream or pond, without the consent of the said Isaac Keith, 
his heirs or assigns, shall forfeit and pay, for each and every 
offence, the sum of ten dollars ; one-half of the forfeiture 
to be paid to the person making the complaint, the other 
half to be paid to the said Isaac Keith, his heirs or assigns, 
to be recovered in any court competent to try the same. 
[^Approved by the Governor, April 7, 1854.] 

Chan. 232 An Act to incorporate the Boston Five Cents Savings Bank, in Boston. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Edward Edmuuds, Rollin H. Neale, B. T. 
Loring, John B. Thayer, George W. Crockett, Benjamin 
Bangs, James Lawrence, William Beals, Nathaniel Thayer, 
Tolman Willey, George W. Chipman,' Charles Hudson, 
Henry Andrews, Charles C. Barry, George W. Warren, 
Geo. Allen Otis, Wm. P. Mason, Anson Burlingame, and 
Phineas Stowe, their associates and successors, are hereby 
made a corporation, by the name of the Boston Five Cents 
Savings Bank, to be established in the city of Boston; with 

Duties, liabiii- all the powcrs and privileges, and subject to all the duties, 

ties, &c. liabilities and restrictions, set forth in the thirty-sixth chap- 

ter of the Revised Statutes, and in all other laws of this 
Commonwealth, relating to institutions for savings. 

Deposits. Sect. 2. Said corporation shall receive, on deposit, sums 

as small as five cents. 



1854.— Chapters 233, 234. 157 

Sect. 3, Whenever any deposit sliall be made by any Trustees may 

„.T ,. J. i^ • ^• pay to minors. 

minor, the trustees of said corporation may, at their dis- ^ 
cretion, pay to such depositor, such sums as may be due to 
him or her, although tio guardian shall have been appointed 
for such minor, or the guardian of such minor shall not have 
authorized the drawing of the same; and the check, receipt Mmor's receipt 
or acquittance of such minor shall be as valid as if the ^^ ' ' 
same was executed by a guardian of said minor, or the said 
minor was of full age, if such deposit was made, personally, 
by said minor. 

Sect. 4. This act shall take effect from and after its 
passage. [Approved by the Governor, April 7, 1854.] 



An Act to incorporate the South Wilbrahara Manufacturing Company. Chap. 233 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. William Y. Sessions, Eleazer Scripter, Luther Corporators. 
B. Sage, their associates and successors, are hereby made a 
corporation, by the name of the South Wilbraham Manufac- 
turing Company, for the purpose of manufacturing woollen 
goods, and goods composed of wool mixed with other mate-, 
rials, at South Wilbraham, in the county of Hampden ; with 
all the powers and privileges, and subject to all the duties, Powers, prm- 
restrictions and liabilities, set forth in the thirty-eighth and ^^^^^' 
forty-fourth chapters of the Revised Statutes. 

Sect. 2. Said corporation may hold real and personal Hold real and 

, '■ ' , n n V -J personal estate 

estate, necessary and convenient for the purposes atoresaid, "^ 
not exceeding in amount the sum of fifty thousand dollars. 

Sect. 3. No shares in the capital stock of said company ^g°gg^^g''J^n/e° 
shall be issued for a less sum or amount, to be actually paid par. 
in on each, than the par value of the shares which shall be 
first issued. [Approved by the Governor, April 7, 1854.] 

An Act to authorize the East Boston Dry Dock Company to build a Chap. 234 
Marine Railway. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the saine, as follows : 

Sect. 1. The East Boston Dry Dock Company are Marine rail- 
hereby authorized and empowered to construct and use a 
marine railway, upon the land bought by them of Samuel 
Hall, at East Boston, and to make upon said land such other 



158 1854.— Chapters 235, 236, 237. 

structures and improvements as shall be necessary and con- 
venient for the business of docking and repairing vessels. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, April 7, 1854.] 



Chap. '2^b An Act to establish a Fire Department in the Town of Reading. 

Be it ejiacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. A lire department is hereby established in the 
town of Reading, subject to all the duties and liabilities, 
and with all the powers and privileges, set forth and con- 
tained in an act entitled "An Act to regulate Fire Depart- 
ments," passed the ninth day of April, in the year one 
thousand eight hundred and thirty-nine. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, April 7, 1854.] 



Chap. 236 An Act relating to the Shelburne Falls Academy. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, arid by the authority of 
the same, as follows : 

Name changed Sect. 1. The corporate name of the Shelburne Falls 
Academy shall be changed, and the said corporation shall 
hereafter be known and called by the name of the Lamson 
Classical and Scientific Institute, any thing in the act incor- 
porating the same to the contrary, notwithstanding. 
Hold real and Sect. 2. Said corporation may hold real and personal 
personal estate ggl^a^^g ^Q rj^j^ a^^ount not exceeding one hundred thousand 
dollars, to be devoted exclusively to the purposes of educa- 
tion. [Approved by the Governor, April 7, 1854.] 



Chap. 237 An Act to incorporate the Proprietors of the Farnsworth House. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the autJiority of 
the same, as follows : 

Corporators. Sect. 1. Simon Famsworth, Asa H. Waters, Simon 
Dudley, their associates and successors, are hereby made a 
corporation, by the name of the Proprietors of the Farns- 

Purpose. worth Housc, in the town of Millbury ; for the purpose of 
erecting and maintaining in said town, buildings necessary 

Powers, duties, and convenient for a public house ; with all the powers and 

*^* privileges, and subject to all the duties, liabilities and re- 



1854.— Chapters 238, 239. 159 

strictions, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes : provided, hoiceve?', that Proviso, 
said corporation shall not carry on the business of hotel- 
keeping, or be interested in said business. 

Sect. 2. Said corporation mav purchase and hold real H°i'i ^'^ai and 

-, 1 J. ± /•"•! 1 T • personal estate 

and personal estate necessary tor its use, not exceeding m 
amount thirty-thousand dollars : and provided, also, that no 
shares in its capital stock shall be issued, for a less sumNo shares to 
or amount, to be actually paid in on each, than the par value der par.^ ^^' 
of the shares first issued. 

Sect. 3. This act shall take effect from and after its 
passage. \^Approved hy the Governor, April 10, 1854.] 

An Act in addition to An Act concerning County Debts, Chap. 238 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

The provisions of section second of chapter three hun- County com- 
dredand ten of the Acts of eighteen hundred and fifty- SSeT &c! 
three, shall not restrict county commissioners in the exer- 
cise of their power to locate and construct highways, and 
to contract debts or liabilities for their respective counties 
for such purposes. [Approved by the Governor, April 10, 
1854.] 

An Act to incorporate the Lawrence Paper Company. ChttD. 239 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. John Wiley Edmauds, J. Huntington Wolcott, Corporators. 
Charles A. Parker, their associates and successors, are here- 
by made a corporation, by the name of the Lawrence Paper 
Company, for the purpose of manufacturing paper in the 
city of Lawrence, with all the powers and privileges, and Powers,duties, 
subject to all the duties, restrictions and liabilities, set^'''' 
forth in the thirty-eighth and forty-fourth chapters of the 
Revised Statutes. 

Sect. 2. The capital stock of said company shall not capital stock, 
exceed two hundred thousand dollars ; and such portion of 
the same may be invested in real estate as the said company 
shall deem expedient. 

Sect. 3. No shares in the capital stock of the said cor- No shares to 
poration, shall be issued for a less sum or amount, to be der par!^ "°' 



160 1854.— Chapters 240, 241. 

actually paid in on each, than the par value of the shares 
which shall be first issued. [Approved by the Governor, 
April 10, 1854.] 



Chap. 240 An Act to incorporate the Worcester Five Cents Savings Bank. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Charlcs L. Putuam, George T. Eice, Ichabod 
Washburn, George W. Richardson, Clarendon Harris, E. B. 
Stoddard, Edward Earle, Edward W. Lincoln, Edward E. 
Hale, Henry Chapin, Alvin Waite, Charles L. Knowlton, 
Harrison Bliss, Charles Paine, James Green, their asso- 
ciates and successors, are hereby made a corporation, by 
the name of tlie Worcester Five Cents Savings Bank, to be 
established in the city of Worcester; with all the powers 

Powers, duties, and privileges, and subject to all the duties, liabilities and 
■ restrictions, set forth in the thirty-sixth chapter of the Re- 

vised Statutes, and in all other laws of this Commonwealth, 
relating to institutions for savings. 

Deposits. Sect. 2. Said corporation shall receive on deposit, sums 

as small as five cents. 

Trustees may Sect. 3. Whenever any deposit shall be made, by any 

pay to minors. j-,^JQQp^ ^]jq trustccs of said Corporation may, at their dis- 
cretion, pay to such depositor, such sums as may be due to 
him or her, although no guardian shall have been appointed 
for such minor, or the guardian of such minor shall not have 

Minor's receipt authorized the drawing of the same; and the check, re- 

^* * ■ ceipt, or acquittance of such minor, shall be as valid, as if 

the same was executed by a guardian of such minor, or the 
said minor was of full age, if such deposit was made per- 
sonally, by said minor. 

Sect. 4. This act shall take eifect from and after its 
passage. [Approved by the Governor, April 10, 1854,] 

Chap. 241 An Act to incorporate the Millbury Savings Bank. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Corporators. Jonathan A. Pope, Simon Farnsworth, Elias Forbes, Ben- 
jamin Flagg, Thomas H. Wetherbee, J. E. Bacon, Simon 
Dudley, Samuel D. Torrey, Asa H. Waters, J. U. Smith, 
David Atwood, C. E. Miles, D, B. Sibley, E. W. Goffe, J. H. 



1854.— Chapter 242. 161 

Bencliley, their associates and successors, are hereby made 
a corporation, by the name of the Millbury Savings Bank, 
to be established and located in the town of Millbury; with 
all the powers and privileges, and subject to all the duties, Powers.duties, 
liabilities and restrictions, set forth in the thirty-sixth chap- ^''^' 
ter of the Revised Statutes, and in all other laws of this 
Commonwealth, relating to institutions for savings. [Ap- 
proved hy the Governor, April 10, 1854.] 

An Act to incorporate the Milford Gas Light Company. CIlClj). 242 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Sect. 1. 0. Underwood, Aaron Claflin, W. A. Hayward, Corporators. 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Milford Gas Light Company, for 
the purpose of erecting gas works, and manufacturing gas, 
in the town of Milford, in the county of Worcester, and 
supplying said town, and the citizens thereof, with the same ; 
with all the rights and privileges, and subject to all the Powers.duties, 
duties, liabilities and restrictions, set forth in the thirty- ^''^' 
eighth and forty-fourth chapters of the Revised Statutes. 

Sect. 2. Said corporation may take and hold such real Capital stock, 
and personal estate as may be necessary for the purposes 
aforesaid, but the capital stock of said company shall not 
exceed one hundred thousand dollars ; and no shares in its 
capital stock shall be issued, for a less sum or amount, to 
be actually paid in on each, than the par value of the shares 
first issued. 

Sect. 3. The said corporation, with the consent of the M^y open the 
selectmen of the said town, shall have power and authority pip^J) &c.^^ 
to open the ground in any part of the streets, lanes and 
highways of the 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 corporation, 
after opening the ground in such streets, lanes and high- 
ways, shall be held to put the same again in repair, under 
the penalty of being prosecuted for a nuisance : provided. Provided, &c. 
however, 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 afiect the health, safety or convenience of the 
inhabitants of said town. 

Sect. 4. This act shall take effect from and after its 
passage. [Approved hy the Governor, April 10, 1854.] 
21 



162 1854.— Chapters 243, 244. 

Chap. 243 -^'i Act to incorporate the New England Paper Company. 

Be it enacted by the Senate and Hotise of Representa- 
tives, in General Co7irt assembled, and by the autliority of 
the same, as folloivs : 

Corporators. Sect. 1. Joliii W. BarbouP; Ebcnezer Rhoades, James 
S. Barbour, their associates and successors, are hereby 
made a corporation, by the name of the New England Paper 
Company, for the purpose of manufacturing paper hangings, 
in the city of New Bedford, in the county of Bristol ; with 
Duties, liabiii- all the powcrs and privileges, and subject to all the duties, 
ties, c-c. restrictions and liabilities, set forth in the thirty-eighth and 

forty-fourth chapters of the Revised Statutes. 
Heal estate, Sect. 2. The Said Corporation may hold, for the purpose 
capital, ' aforesaid, real estate to the amount of thirty thousand dol- 
^100,000. lars, and the capital stock of said corporation shall not 

exceed the amount of one hundred thousand dollars. 

No shares to Sect. 3. No shares in the capital stock of said corpora- 

der pTn "°" ^io^^ shall be issued for a less sum or amount, to be actually 

paid in on each, than the par value of the shares first issued. 

Sect. 4. This act shall take effect from and after its 

passage. [Approved by the Governor, April 10, 1854.] 

Chop. 244 An Act authorizing the County Commissioners of the County of Middlesex 
to lay out a Highway and construct a Bridge over Mystic River, in the 
Towns of West Cambridge and Medford, in said County. 

Be it enacted by the Senate and House of Represejita- 
tives, ill General Court assembled, and by tJte authority of 
the same, as follows : 

Highway and Sect. 1. The county commissioners of the county of 

bridjiG 

Middlesex are hereby authorized and empowered, if in their 
opinion the public necessity and convenience require it, to 
lay out a highway and construct a bridge across Mystic 
River, in the towns of West Cambridge and Medford, in 
said county, at some place to be determined by them, be- 
tween Weare Bridge, so called, on the old road leading 
from Medford to ,West Cambridge, and the aqueduct by 
which the Middlesex Canal formerly crossed said river. 
Said commissioners, in laying out and constructing said 
road and bridge, shall in all respects proceed as is now 
provided by law for laying out and constructing highways. 
Whenfinished. Sect. 2. The Said Commissioners shall locate said high- 
way on or before the first day of June next, and shall build 
and finish the said highway and bridge, for public travel, 
within one year from the passage of this act. 



1854.— Chapters 245, 246. 163 

Sect. 3. This act shall take effect from and after its 
passage. [App7'oved by the Goverjior, April 10, 1854.] 



An Act to incorporate the South End Savings Bank, in Boston. Gliap. 245 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. John T. Dingley, William Dall, Joseph P. Pond, Corporators. 
Stephen Sargent, Stephen Childs, Otis Bullard, James 
Molineux, their associates and successors, are hereby made 
a corporation, by the name of the South End Savings Bank, 
to be established and located south of the Boylston Market, 
in the city of Boston, in such place as will best accommo- 
date that part of Boston called the South End ; with all the 
powers and privileges, and subject to all the duties, liabili- Powers, duties, 
ties and restrictions, set forth in the thirty-sixth chapter of 
Revised Statutes, and in all other laws of the Common- 
wealth relating to institutions for savings. [^Approved by 
the Governor, April 10, 1854.] 

An Act to confirm the Boundary Line between Reading and Lynnfield. Chap. 246 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The boundary line between the town of Read- Boundary line 
iug, in the county of Middlesex, and the town of Lynnfield, ^«'^^i'«^^^- • 
in the county of Essex, shall be confirmed and established 
as follows : Beginning at a stone monument on land of 
Caleb Wakefield, at the point where the towns of Reading, 
South Reading and Lynnfield meet ; thence northerly in a 
straight line to a stone monument by the swamp at a point 
where the lands of Caleb Wakefield, Caleb Green, and the 
heirs of Moses Richardson meet ; thence northerly in a 
straight line to a stone monument by the swamp on laod of 
Jacob Wiley ; thence north-easterly in a straight line to a 
stone monument by the swamp on land of John Perkins ; 
thence easterly in a straight line to a stone monument near 
the swamp on land of David Taylor: thence northerly in a 
straight line through Tophet Swamp, so called, to a stone 
monument on land of Israel A. Parsons, at a point where 
the towns of Reading, Lynnfield, and North Reading meet. 

Sect. 2. This act shall take effect from and after its 
passage. {^Approved by the Governor, April 10, 1854,] 



164 1854.— Chapters 247, 248. 

CllQ})' 247 An Act to incorporate the Boston Gas Meter Manufacturing Company 

Be it enacted by the Senate and House of Rej^resenta- 
tives, in General Court assemhled, and hy the authority of 
the same, as follows : 

Corporators. Sect. 1. GeorgG DaiTacott, James Clark, James R. Dar- 
racott, their associates and successors, are hereby made a 
body corporate, by the name of the Boston Gas Meter Man- 
ufacturing Company, for the purpose of manufacturing gas 
meters, burners, and other gas apparatus, in the city of 
Powers,duties, Bostou ; with all tlic powcrs and privileges, and subject to 
all the duties, restrictions and liabilities, set forth in the 
thirty-eighth and forty-fourth chapters of the RcTised 
Statutes. 
Real estate, Sect. 2. The said Corporation may hold, for the pur- 

Stai!' poses aforesaid, real estate to the value of thirty thousand 
^100,000. dollars, and the -whole capital stock of said company shall 

not exceed one hundred thousand dollars. 
No shares to Sect. 3. No sharcs in the capital stock of said company 
der^pTr!*^ "'^ shall be issued for a less sum or amount, to be actually paid 
in on each, than the par value of the shares first issued. 
[Approved hy the Governor, April 10, 1854.] 



Chap, 248 An Act to incorporate the People's Five Cents Savings Bank, in Boston. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assemhled, and hy the authority of 
the same, as follows : 

Corporators. Sect. 1. Isaac F. Shepard, Samuel Greele, John P. Big- 
elow, Luther Y. Bell, "W'^illiam D. Ticknor, Benjamin Seaver, 
John S. Sleeper, Samuel A. Eliot, F. W. Lincoln, Jr., Francis 
0. Watts, Cornelius Driscoll, George R. Sampson, John L. 
Dimmock, W. R. Sumner, J. W. Converse, Henry T. Parker, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the People's Five Cents Savings Bank, 
to be established in the city of Boston; with all the powers 
Powers, duties, and privileges, and subject to all the duties, liabilities and 
**'• restrictions, set forth in the thirty-sixth chapter of the 

Revised Statutes, and in all other laws of this Common- 
wealth relating to institutions for savings. 
Deposits. Sect. 2. Said corporation shall receive, on deposit, 

sums as small as five cents. 
Trustees may Sect. 3. "Whenever any deposit shall be made by any 
pay to mmors. j^-^q^,^ ^|jg trustccs of Said Corporation may, at their dis- 
cretion, pay to such depositor such sums as may be due to 



1854.— Chapter 249. 165 

him, or her, although no guardian shall have been appointed 

for such minor, or the guardian of such minor shall not have 

authorized the drawing of the same ; and the check, receipt, Minor's receipt 

or acquittance of such minor, shall be as valid as if the same 

was executed by a guardian of such minor, or the said minor 

was of full age, if such deposit was made, personally, by said 

minor. 

Sect. 4. This act shall take eflect from and after its 
passage. [Approved by the Governor, April 11, 1854.] 



An Act to establish a Police Court in the City of Roxbury. Chap. 249 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1.. A Police Court is hereby established in the roiice Court 
city of Roxbury, to consist of one competent and discreet ^^ ^ 
person, to be appointed and commissioned by the governor, 
pursuant to the constitution, as standing justice. 

Sect. 2. The said court shall have original and exclusive Jurisdiction, 
jurisdiction over all crimes, offences and misdemeanors, com- 
mitted within said city of Roxbury, whereof justices of the 
peace now have or may hereafter have ^furisdiction ; also of 
all suits and actions which may now or at any time here- 
after be heard, tried and determined before any justice of 
the peace in the county of Norfolk, whenever all the parties 
shall reside in Roxbury, and service of the writ shall be 
had on the defendant in said county ; but the jurisdiction of 
the court of common pleas shall not be affected by this act. 
The said court shall have original and concurrent jurisdic- 
tion, with justices of the peace in said county of Norfolk, 
over all crimes, offences, and misdemeanors whereof justices 
of the peace within said county now have or may have 
jurisdiction ; also of all suits and actions within the juris- 
diction of any justice of the peace within the county of 
Norfolk. 

Sect. 3. An appeal shall be allowed from all judgments ^pp^^^i «i- 
of said police court in like manner and to the same extent 
that appeals are now allowed by law from judgments of 
justices of the peace ; and the justice of said police court 
shall not be of counsel to any party in any cause which may 
be pending in said court, or which shall have been heard, 
tried, or examined therein. 

Sect. 4. The justice of said court shall receive an annual ^^""JjPtj" g^*'""^ 
salary of not less than one thousand dollars, the amount of 



166 1854.— Chapter 249. 

■which, if above that sum, shall be determined not oftener 
than once in each year by the concurrent vote of the two 
branches of the city council of said city; and said salary 
shall be paid in equal quarterly payments out of the treasury 
of said city, and shall be in full for all services which he is 
or may hereafter be required or authorized to perform as 
said justice. 
May appoint Sect. 5. The city couucil of Roxbury shall, immediately 
after the acceptance of this act as herein-after provided, and 
hereafter in the month of May annually, and whenever a 
vacancy shall occur, choose by ballot, in convention of the 
two branches, a clerk of said court, who shall be paid for 
his services as herein-after provided ; and in case of his 
death or absence, the court shall appoint a clerk pro tem- 
pore, who shall act until the standing clerk shall resume the 
duties of his office or another shall be chosen as herein pro- 
vided. Said clerk j9ro tempore shall receive the same rate 
of compensation for his services as the standing clerk, to be 
paid out of the salary of said standing clerk. 
To be sworn Sect. 6. The clcrk shall be sworn to the faithful per- 
and give bond. f^^j-Q^ance of the duties of his office, and shall give bond to 
the city of Roxbury in such sum as the mayor and aldermen 
of said city shall from time to time determine, with a surety 
or sureties to the acceptance of the city treasurer, with 
condition for the faithful performance of the duties of his 
Salary. officc. And he shall receive in full compensation for all his 

services as clerk, except for certificates and copies of papers 
and proceedings of said court, an annual salary of not less 
than four hundred dollars, the amount of which, if above that 
sum, shall be fixed not oftener than once in each year by 
concurrent vote of the city council ; and said salary shall be 
paid quarterly from the treasury of the city of Roxbury. 
Fines, costs, Sect. 7. AH fines and forfeitures and all costs in criminal 
posed of. ' prosecutions in said court shall be received by the clerk, 
and shall be by him accounted for and paid over to the same 
persons in the sam^ manner and under the same penalties 
as are by law prescribed in the case of justices of the peace. 
All costs in such prosecutions not thus received shall be made 
up, taxed, certified, and allowed, and shall be paid in like 
manner as is provided in case of justices of the peace. 
Court how of- Sect. 8. A court shall be held by said justice at some 
ten to e e . g^^^.g^|^jQ placc in Said city of Roxbury, to be provided at the 
expense of said city, on every day of the week, Sundays 
excepted, at nine of the clock in the forenoon, and as much 
oftener as may be necessary, to take cognizance of crimes, 



1854.— Chapter 249. 167 

ofifencGS, and misdemeanors, and on one day in each week, to 
be appointed and made known by said justice, for the entry 
and trial of civil actions. And the said justice may adjourn 
said court as justices of the peace may now adjourn the same 
hearings or trials, and he shall from time to time establish 
all necessary rules for the orderly and uniform conducting 
of the business of the court. 

Sect. 9. The clerk shall attend all sessions of the said Shaii keep a 
court, whether for the transaction of civil or criminal busi- make return, 
ness, and shall keep a fair record of all the proceedings of 
said court ; he shall make all warrants, writs, and processes 
which shall be ordered by said court, and shall make return 
to the several courts of all legal processes and the doings 
of the court therein, in the same manner as justices of the 
peace are now by law required to do. 

Sect. 10. All fees and charges of said justice, both in Fees paid to 
civil and criminal proceedings, shall be received by the clerk ^^^^^^®^- 
and by him accounted for quarterly to the treasurer of said 
city of Roxbury, and shall forthwith be paid into the treas- 
ury of said city. 

Sect. 11. The clerk shall not be retained or employed cierk not to be 
as counsel or attorney in any suit, complaint, or other pro- *^°^°^^ • 
ceeding whatever before said court, nor in any which shall 
have been heard, tried, or examined therein. 

Sect. 12. The jurisdiction of said police court shall Jurisdiction 
not be limited, by reason of any interest on the part of the "°* ^^'^^^^'i- 
justices of said court, in the payment of fines and costs into 
the treasury of said city of Roxbury or county of Norfolk. 

Sect. 13. There shall be appointed by the governor, by Two special 
and with the advice and consent of the council, two special Justices, 
justices of said court, either of whom shall have power, in 
case of the absence, sickness, interest, or any other disabil- 
ity of the standing justice, to issue the processes of said 
court, to hear and determine any matter or cause pending, 
and to exercise all the powers of the standing justice, until 
such disability be removed. And said special justices shall 
be paid for the services as performed by them, out of the How paid, 
salary of the standing justice, such sum as the standing 
justice would be entitled to for the same service. 

Sect. 14. All suits, actions and prosecutions which Pending suits. 
shall be pending within said city of Roxbury, before any 
justice of the peace, when this act shall take effect, shall be 
heard and determined as though this act had not passed. 

Sect. 15. The governor shall have power, by and with Appointment 
the advice and consent of the council, to appoint said stand- ° •''^^ ^^^^' 



168 1854.— Chapters 250, 251. 

ing and special justices at any time after receiving notice of 

the acceptance of this act by the city council of Roxbury. 
Act to be ac- Sect. 16. This act shall be void unless the city council 
dty.^ ^ ^ of Roxbury shall accept the same within sixty days from 

and after its passage. [Approved by the Govei^nor, April 

12, 1854] 

Chaj). 250 An Act to permit Jesse Y. Baker, and Simeon Baker, 2d, to Bed Oysters 

in Mystic River. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Right to bed Jessc Y. Baker, and Simeon Baker, 2d, are hereby per- 
oysters. mitted to bed oysters, in so much of the flats in Mystic 

River as the Commonwealth is interested in, between the 
two channels westerly of the draw, where the Boston and 
Maine Railroad crosses the said Mystic River, bounded 
easterly by a line drawn from channel to channel, seventy- 
five rods on said channels, westerly of the said railroad, 
northerly and southerly on said two channels, and westerly 
by a line so drawn, north and south, from channel to chan- 
nel, as to divide into two equal quantities, the flats lying 
between the channels to the west of the said first-mentioned 
line, so long as said flats are not wanted for the purposes 
of the Commonwealth, or until the permission hereby grant- 
Proviso, ed is otherwise terminated : provided, that the said use of 
said flats, or the provision of this act shall, in nowise inter- 
fere with the navigation, or with the private rights of any 
person or persons whatever. [Approved by the Governor, 
April 12, 1854.] 

iy/l(ip. zD L An Act to continue in force tlie several Acts concerning the Warren 

Insurance Company. 

Be it enacted by the Senate and House of Representa- 
tives, in. General Court assembled, and by the authority of 
the sa7?ie, as follows : 

Acts extended. Sect. 1. The scvcnty-first chapter of the acts passed iu 
the year one thousand eight hundred and thirty-five, en- 
titled " An Act to incorporate the Warren Insurance Com- 
pany," the sixth chapter of the acts passed in the year one 
thousand eight hundred and thirty-six, entitled " An Act 
authorizing the Warren Insurance Company to increase its 
capital stock," and the seventy-seventh chapter of the acts 



1854.— Chapter 252. 169 

passed in the year one thousand eight hundred and forty- 
two, entitled •• An Act in addition to An Act concerning the 
Warren Insurance Company," shall, each and all of them, 
be and remain in force for the term of twenty years from Duration, 
and after the twenty-seventh day of -March, in the year one 
thousand eight hundred and fifty-live, and said Warren In- 
surance Company shall be continued during said term, with 
all the powers and privileges, and subject to all the duties, Powers, duties, 
liabilities and restrictions, set forth in the thirty-seventh 
and forty-fourth chapters of the Revised Statutes, and in all 
subsequent general laws of this Commonwealth, that have 
been, or may be passed, in relation to similar corporations. 

Sect. 2. This act shall take effect as soon as the same ^^en to take 
shall have been accepted by a majority of the stockholders 
of said Warren Insurance Company, present and voting at 
their annual meeting in the month of April in the current 
year, or at a meeting called for the purpose. [Approved by 
the Governor, April 12, 1854.] 

An Act to incorporate the City Flour Mills, at Newburyport. Chap. 252 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Henry Bartlett, James Horton, Joseph B. Morss, Coiporators. 
their associates and successors, are hereby made a corpora- 
tion, by the name of the City Flour Mills, at Newburyport ; 
and for this purpose, shall have all the powers and privi- Powers, du- 
leges, and be subject to all the duties, restrictions and *^^^' *'' 
liabilities, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 

Sect. 2. Said corporation may hold, for the purposes i^eai estate, 
aforesaid, real estate to the value of twenty thousand dol- fa"pitai, ' 
lars, and the whole capital stock of said company, shall not ,?ioo,ooo. 
exceed the sum of one hundred thousand dollars. 

Sect. 3. No shares in the capital of said corpora- No shares to 
tion shall be issued for a less sum or amount, to be actually der par.^ 
paid in on each, than the par value of the shares which shall 
first be issued. [Approved by the Gover^ior, April 12, 
1854.] 

22 



170 1854.— Chapters 253, 254. 

Chap. 253 An Act to incorporate the Star Mutual Insurance Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the anthority of 
the same, as follows : 

Corporators. Sect. 1. Timotlij DaviS; George H. Folger, Henry Lin- 
coln, their associates and successors, are hereby made a 

Duration. corporation, for the term of twenty-eight years, by the name 
of tlic Star Mutual Insurance Company, in the city of Bos- 

Purpose. toii^ for tlic purposc of making insurance against maritime 

losses, and losses by fire, on the mutual principle ; with all 

Powers.dutios, thc powcrs and privileges, and subject to all the duties, lia- 
Ijilities and restrictions, set forth in the thirty-seventh and 
forty-fourth chapters of the Revised Statutes, and all sub- 
sequent laws in force, or which may hereafter be passed, 
relating to mutual insurance companies, so far as the same 
may be applicable to the corporation hereby created. 

Sect. 2. This act shall take effect from and after its 
passage. [^Approved by the Govermor, April 12, 1854.] 



Chop. 254 An Act in relation to the |Hancock Free Bridge Corporation. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Authorized to Sect. 1. Thc Hancock Free Bridge Corporation is 
convey wharf, jjgpgijy authorized to convcy, in fee simple, thc Pier Wharf, 
in Boston, on the south side of the West Boston Bridge, to 
Joseph Coolidge, who is owner of the estate abutting on 
Sum to reduce that sidc of said bridge ; and the sum received for said 
^° ^' pier, shall reduce to the same extent, the amount which said 

corporation is authorized to collect from tolls. 
To make solid, Sect. 2. Said Corporation is also hereby authorized to 
^^' make solid, that part of said bridge which is east of the 

commissioners' line, in Boston ; and the said Coolidge is 
also authorized to make solid that part of his estate, and 
Proviso. said pier wharf that is east of said line : provided, however, 

that this act shall not affect the rights of any person or 
persons, or corporation, other than said Hancock Free 
Bridge Corporation, and said Coolidge and his representa- 
tives. 

Sect. 3. This act shall take effect from and after its pas- 
sage. {^Approved by the Governor, April 12, 1854.] 



1854.— Chaptehs 255, 256. 171 

An Act to incorporate the Vineyard Bank, at Edgartown. Choj). 255 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by tlie autltority of 
the same, as follows : 

Sect. 1. Leavitt Thaxter, Abraham Osborn, Benjamin Corporators. 
Worth, their associates and successors, are hereby made a 
corporation, by the name of the President, Directors and 
Company of the Vineyard Bank, to be established in Edgar- 
town, and shall so continue, until the first day of October, ^""*^"''® *^^^ 
in the year one thousand eight hundred and seventy-five ; 
with all the powers and privileges, and subject to all the 
duties, liabilities and restrictions, set forth in the public 
statutes of this Commonwealth, relative to banks and bank- 
ing. 

Sect. 2. The capital stock of said bank shall consist of Capital stock, 
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, Proviso. 
however, that the whole be paid in before the first day of 
May, in the year one thousand eight hundred and fifty-five. Transfer of 

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

Sect. 4. Said corporation shall be subject to all the Subject to fu- 
liabilities, requirements and restrictions, contained in such 
acts as may hereafter be passed by the general court, in re- 
lation to banks and banking. [Approved by the Governor, 
April 12, 1854.] 



ture laws. 



An Act to incorporate the American Cordage Company. ChciJ)' 256 

Be it enacted by the Senate atid House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Samuel Mower, Lyman Kinsley, Gustavus V. Corporators. 
Hall, their associates and successors, are hereby made a 
corporation, by the name of the American Cordage Com- 
pany, for the purpose of manufacturing cordage, to be lo- Purpose, 
cated in the city of Boston, and the county of Suffolk; with 
all the powers and privileges, and subject to all the duties. Powers, duties, 
restrictions and liabilities, set forth in the thirty-eighth and 
forty-fourth chapters of the Revised Statutes. 

Sect. 2. The said corporation may hold real estate, to Hold real and 

. -, ^ -, ■, -,•',,, T ', personal estate 

the amount of one hundred thousand dollars, and personal 
estate to the amount of two hundred thousand dollars, nec- 
essary and convenient for the purpose aforesaid. 



172 1854,— Chapter 257. 

No shares to Sect. 3. No shares in tlie capital stock of said corpora- 
reissue un er ^.^^^ ghall bc issucd, for a less sum or amount, to be actually 

paid in on each, than the par value of the shares which shall 

first be issued. 

Sect. 4. This act shall take effect from and after its 

passage. [Approved by the Governor, April 12, 1854.] 



Chap. 257 An Act to establish thesCity of Fall River. 

Be it enacted hy the Senate and Honse of Representa- 
tives, in General Court assembled, and by the aiithority of 
the same, as follows : 

Fall River to Sect. 1. Thc inhabitants of the towu of Fall Rivcr shall 
^^^^'' continue to be a body politic and corporate, under the name 
of the City of Fall River, and as such, shall have, exercise 
and enjoy, all the rights, immunities, powers and privileges, 
and shall be subject to all the duties and obligations now 
incumbent upon, and appertaining to, the said town, as a 
municipal corporation. 

Government. Sect. 2. The administration of all the fiscal, prudential 
and municipal affairs of the said city, with the government 
thereof, shall be vested in one municipal officer, to be styled 
the mayor ; one council of six, to be called the board of 
aldermen; and one council of eighteen, to be called the 
common council ; which boards, in their joint capacity, shall 
• be denominated the city council, and the members thereof 
shall be sworn to the faithful performance of their respec- 
tive offices. A majority of each board shall constitute a 
quorum for doing business. 

City divided Sect. 3. It shall be the duty of the selectmen of Fall 

into wards. j^iyer, as soon as may be after the passage of this act, and 
its acceptance by the inhabitants, as herein-after provided, 
to divide the said town into six wards, to contain, as nearly 
as conveniently may be, an equal number of legal voters, 
which proceedings of the selectmen shall be subject to the 
revision of the city council, within one year after the pas- 

Torevisewards sagc of this act. And it sliall be the duty of the city coun- 
cil, once in five years, and not oftener, to revise, and if it 
be needful, to alter the said wards, and increase their num- 
ber, in such manner as to preserve, as nearly as may be, an 
equal number of legal voters in each ward : provided, how- 

ProTiso. ever, that in case the number of wards shall be increased, 

each ward shall continue to be entitled to elect one alder- 
man and three members of the common council, any thing in 
the second section of this charter to the contrary notwith- 
standing;. 



1854.— Chapter 257. 173 

Sect. 4. On the first Monday in March, annually, there Election of 
shall be chosen by ballot, in each of the said wards, a^^^^° ^^^^' 
warden, clerk, and three inspectors of elections, residents of 
wards in which they are chosen, who shall hold their 
offices for one year, and until others shall have been chosen 
in their places, and qualified to act. It shall be the duty of 
such wardens to preside at all ward meetings, with the 
power of moderators of town meetings ; and if, at any 
meeting, the warden shall not be present, the clerk of such in absence of 
ward shall call the meeting to order, and preside until a To^reside!^"^' 
warden p7^o temjjore shall be chosen by ballot ; and if, at 
any meeting, the clerk shall not be present, a clerk jsro cierk pz-o <£»i. 
tempore shall be chosen by ballot; and if both the warden ""^^ ^^ '^°'^°- 
and clerk shall be absent, either of the inspectors of said 
ward may call the meeting to order, and preside till a 
warden and clerk pro tempore shall be chosen as aforesaid. 
The clerk shall record all the proceedings, and certify the 
votes given, and deliver to his successor in office, all such 
records and journals, together with all other documents and 
papers held by him in the said capacity. And it shall be the Duties of in- 
duty of the inspectors of elections, to assist the warden in ^p^'^*^'^^- 
receiving, assorting and counting the votes. And the 
warden, clerk and inspectors so chosen, shall respec- 
tively make oath or affirmation, faithfully and impartially to Oaths, how ad- 
discharge their several duties relative to all elections, which "^'"^^ ^^^'^' 
oath may be administered by the clerk of such ward to the 
warden, and by the warden to the clerk and inspectors, or 
by any justice of the peace for the county of Bristol ; and 
the fact, or certificate that such oath has been taken, shall 
be entered on the record of the ward by the clerk thereof. 
All warrants for meetings of the citizens, for municipal pur- Warrants for 
poses, to be held either in wards or in general meetings, fss^uec""&c/°^^ 
shall be issued by the mayor and aldermen, and shall be in 
such form, and shall be served, executed and returned, in 
such manner, and at such times, as the city council may, by 
any by-law, direct. 

Sect. 5., The mayor shall be elected by the qualified Election of 
voters of the city at large, voting in their respective wards, "^^y"'' 
and one alderman and three common councilmen shall be 
elected from and by the voters of each ward, being resi- 
dents in the wards where elected. All the said officers 
shall be chosen by ballot, and shall hold their offices for one 
year from the first Monday in April, and until others sliall 
be elected and qualified. „ ,.^ ^ ^^ 

Sect. 6. On the first Monday of March, annually, the elections. 



174 1854.— Chapter 257. 

qualified voters in each ward shall give in their votes for 
mayor, alderman, and common councilmen, as provided in 
the preceding section ; and all the votes so given shall be 
assorted, counted, declared and registered, in open ward 
meeting, by causing the names of persons voted for, and the 
number of votes given for each, to be written in the ward 
Certificates ofrccords, in words, at length. The clerk of the ward, within 
election. twcuty-four hours after such election, shall deliver to the 

persons elected alderman and members of the common 
council, certificates of their election, signed by the warden 
and clerk, and by a majority of the inspectors of elections, 
and shall deliver to the city clerk a copy of the records of 
Proviso. such clcctions, certified in like manner : provided, that in 

all cases, the persons having the greatest number of votes 
for their respective offices shall be deemed and declared to 
be elected; and if the choice of alderman and common 
councilmen shall not be effected on that day, by reason of 
two or more persons having received an equal number of 
votes for the same office, the meeting may be adjourned, 
from time to time, to complete such election. 

The board of aldermen shall, as soon as conveniently may 

be, examine the copies of the records of the several wards, 

certified as aforesaid, and shall cause the person that shall 

have received the greatest number of votes for mayor, to be 

Mayor to be notified, in writing, of his election ; but if it shall appear 

notified. ^^Y^^i no pcrsou hiis been elected, by reason of two or more 

having received an equal number of votes, or if the person 

so elected shall refuse to accept the office, the board shall 

Proceedings in issuc their Warrants for a new election, and the same pro- 

to dect. ^^^^^^^^ ceedings shall be had as are herein-before provided for the 

choice of a mayor, and repeated, from time to time, until a 

mayor shall be chosen. 

In case of the decease or resignation of the mayor, or of 
his inability to perform the duties of his office, the boards 
of aldermen and common council shall, respectively, by vote, 
declare that a vacancy exists, and the cause thereof; where- 
Vacancies, upou the two boards shall meet in convention, and elect a 
how tilled. niayor to fill such vacancy ; and the mayor thus elected, 
shall hold his office until the inability causing the vacancy 
shall be removed, or until a new election. 

The oath prescribed by this act, shall be administered to 

the mayor by the city clerk, or any justice of the peace for 

the county of Bristol. 

Oath of office. The aldermen and common councilmen elect, shall, on the 

first Monday in April, at ten o'clock in the forenoon, meet 



1854. — Chapter 257. 175 

in convention, when the oath required by this act shall be 
administered to the members of the two boards present, by 
the mayor, or by any justice of the peace for the county of 
Bristol ; and a certificate of such oath having been taken, 
shall be entered on a journal of the mayor and aldermen, 
and of the common council, by their respective clerks. 

After the oath has been administered, as aforesaid, the Organization 
two boards shall separate, and the common council shall be council!'""" 
organized by the choice of a president and clerk, who shall 
be sworn to the faithful performance of their duties. 

In case of the absence of the mayor elect, on the first Proceedings in 
Monday of April, the city government shall organize itself mayor. 
in the manner herein-before provided, and may proceed to 
business, in the same manner as if the mayor were present ; 
and the oath of office may be administered to the mayor at 
any time thereafter, in a convention of the two branches. 

In the absence of the mayor, the board of aldermen may Mayor ;j)o/m. 
choose a chairman pro tempore, who shall preside at joint 
meetings of the two boards. 

Each board shall keep a record of its own proceedings, Each board to 
and judge of the election of its own members ; and in case ^^^ ^^*^°' 
of failure of an election, or in case of any vacancy, declared 
by either board, the mayor and aldermen shall order a new 
election. 

Sect. 7. The mayor, thus chosen and qualified, shall be Duty of mayor, 
the chief executive officer of the said city ; it shall be his 
duty to be vigilant in causing the laws and regulations of 
the city to be enforced, and to exercise a general super- 
vision over the conduct of all subordinate officers, and to 
cause their neglect of duty to be punished; he may call 
special meetings of the boards of aldermen and common 
council, or either of them, when necessary, in his opinion, 
by causing written notices to be left at the places of resi- 
dence of the several members ; he shall communicate, from 
time to time, to both of them, such information, and recom- 
mend such measures as, in his opinion, the interests of the 
city may require ; he shall preside in the board of aldermen, 
and in convention of the two boards, but shall have a cast- 
ing vote only. 

Sect. 8. The executive power of the said city generally. Executive 
and the administration of the police, with all the powers ^nd aWerllTen.' 
heretofore vested in the selectmen and overseers of the 
poor of Fall River, shall be vested in, and may be exercised 
by, the mayor and aldermen, as fully as if the same were 
herein specially enumerated. And the mayor shall receive Compensation. 



176 



1854.— Chapter 257, 



Powers of 
mayor, &c. 



five Imudreti dollars, aud the aldermeu fifty dollars each, 
per annum, for their services, until otherwise determined b}- 
the city council ; but the amount of such compensation shall 
not be increased nor diminished during the term for which 
each shall respectively have been elected. But the mem- 
bers of the common ijouncil shall receive no compensation. 
The mayor and aldermen shall have full and exclusive power 
to appoint a constable and assistants, or a city marshal and 
assistants, with the powers and duties of constables and all 
other police officers, and the same to remove at pleasure. 
Bonds required And the mayor and aldermen may require any person who 

of constables, ^ • j. j ii iiif-xi -l j. • 

^c. may be appointed marshal or constable oi the city, to give 

bonds for the faithful discharge of the duties of the office, 
with such security and to sucli amount as they may deem 
reasonable and proper; upon which bonds the like proceed- 
ings and remedies may be had as are by law provided in 
the case of constables' bonds taken by the selectmen of 
towns. 

All other powers now vested in the inhabitants of the 
said town, and all powers granted by this act, shall be 
vested in the mayor and aldermen and common council of 
the said city, to be exercised by concurrent vote, each board 
to have a negative upon the other ; but the city council shall, 
annually, as soon after their organization as may be con- 
venient, elect by joint ballot, in convention, a city treasurer, 
collector of taxes, assessors, city clerk, school committee, 
and firewards or engineers, and shall, in such manner as the 
said city council may determine by any by-law made for the 
purpose, appoint or elect all subordinate officers, not herein 
otherwise directed, for the ensuing year, define their duties 
and fix their compensations, in cases where such duties and 
compensations shall not be defined and fixed by the laws of 
the Commonwealth. 

All sittings of the mayor and aldermen, of the common 
council, and of the city council, shall be public when they 
arc not engaged in executive business. 

The city council shall take care that money shall not ho 
paid from the treasury unless granted or appropriated; 
shall secure a just and prompt accountability, by requiring 
bonds, with sufficient penalty and sureties, from all persons 
intrusted with the receipt, custody, or disbursement of 
money; shall have the care and superintendence of city 
buildings, aud the custody and management of all city prop- 
erty, with power to let or sell what may be legally let or sold ; 
and to purchase property, real or personal, in the name and 



Appointment 
of officers. 



Sittings to be 
public. 



Safe keeping of 
city property. 



1854.— -Chapter 257. 177 

for the use of the city, whenever its interest or convenience 
may, in their judgment, require it. 

And the city council shall, as often as once a year, cause 
to be published, for the use of the inhabitants, a particular 
account of receipts and expenditures, and a schedule of city 
property. 

Sect. 9. In all cases in which appointments are directed Mayor to nom- 
to be made by the mayor and aldermen, the mayor shall ''^^*^' 
have tbe exclusive power of nomination, being subject, how- 
ever, to confirmation or rejection by the board of aldermen ; 
but if a person so nominated shall be rejected, it shall be 
the duty of the mayor to make another nomination within 
one month from the time of such rejection. No person shall 
be eligible to any office of emolument the salary of which 
is payable out of the city treasury, who, at the time of such 
appointment, shall be a member of the board of aldermen 
or of the common council. 

Sect. 10. The city clerk shall also be clerk of the board Duty of city 
of aldermen, and shall be sworn to the faithful performance '^ ^^ ' 
of his duties. He shall perform such duties as shall be pre- 
scribed by the board of aldermen ; and he shall perform all 
the duties, and exercise all the powers by law incumbent 
upon, or vested in the town clerk of the town of Fall River, 
and may be removed at the pleasure of the city council. 

Sect. 11. The assessors to be chosen, as herein-before Assessors to 
provided, shall constitute the board of assessors, and shall 
exercise the same powers, and be subject to the same duties 
and liabilities, that the assessors in the several towns in 
the Commonwealth may exercise or are subject to under 
existing laws, and shall be sworn to the faithful performance 
of their duty. 

All taxes shall be assessed, apportioned and collected, in Taxes, 
the manner prescribed by the laws of the Commonwealth : 
provided, hoioever, that the city council may establish fur- 
ther or additional provisions for the collection thereof. 

Sect. 12. An act establishing the fire department in -A-ct repealed, 
the town of Troy, (now Fall River,) passed March sixteenth, 
in the year one thousand eight hundred and thirty-two, is 
hereby repealed. 

The city council of the city of Fall River may establish Fire depart- 
a fire department for said city, to consist of a chief engi- 
neer, and so many assistant engineers, and so many engine- 
men, 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 re- 

23 



178 1854.— Chapter 257. 

gard 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 gen- 
eral 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 

Proviso. deem expedient : provided, that the appointment of engine- 

men, hosemen, and hook and ladder men, shall be made by 
the mayor and aldermen exclusively. 

Duty of engi- The engineers and other officers of the fire department, 
so appointed as aforesaid, shall have the same authority, in 
regard to the prevention and extinguishment of fires, and 
the performance of the other offices and duties now incum- 
bent 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. 

List of jurors. Sect. 13. The list of jurors shall be prepared by the 
mayor and aldermen, in the same manner as is required in 
the ninety-fifth chapter of the Revised Statutes to be done 
by the selectmen within and for their respective towns ; and 
the lists, when made out by the mayor and aldermen, shall 
be submitted to the common council for concurrent revision 
or amendment. 

Drawing of ju- The uiayor and aldermen and city clerk shall severally 
have and exercise all the powers and duties, with regard to 
the drawing of jurors in the city, and all other matters re- 
lating to jurors therein, which are, in the ninety-fifth chapter 
of the Revised Statutes, required to be performed by the 
selectmen and town clerks in their respective towns ; and 
all vetiires for jurors to be returned from Fall River, shall 
be served on the said mayor and aldermen. 

May lay out Sect. 14. The mayor and aldermen, with the concur- 
rent vote of the common council, shall have exclusive power 
to lay out, alter or discontinue, any street or town-way, and 
to estimate the damages any individual may sustain thereby ; 



rors 



streets, &c. 



1854.— Chapter 257. 179 

and any person dissatisfied with the decision of the city 
council, in the estimate of damages, may make complaint to 
the county commissioners of the county of Bristol, at any 
meeting held within one year after such decision, whereupon 
the same proceedings shall be had as are now by law pro- 
vided in cases where persons are aggrieved by the assess- 
ment of damages by the selectmen, in the twenty-fourth 
chapter of the Revised Statutes. 

Sect. 15. The mayor and aldermen, with the concurrent May dig 
vote of the common council, shall have the power to cause ^^'"^' ''^' 
drains and common sewers to be laid down through any 
street or private lands, paying the owners such damage as 
they may sustain thereby, and to require all persons to pay 
a reasonable sum for the privilege of opening any drain into 
such public drain or common sewer • and the city council Measurement 
may make by-laws, with suitable penalties, for the inspec- °^ ^°"^' ^'^- 
tion, survey, measurement and sale of lumber, wood, coal 
and bark, brought into the city for sale. 

Sect. 16. All power and authority now vested by law. Health ofticers 
in the board of health for the town of Fall River, or in the 
selectmen thereof, shall be transferred to, and vested in, 
the city council, to be by them exercised in such manner as 
they may deem expedient. 

Sect. 17. The mayor and aldermen shall, in each year. Election of re- 
issue their warrant for calling meetings for the election of P'"'^^®"*'^*^^'^^- 
the whole number of representatives to the general court, 
to which the said city is by law entitled, and the number 
shall be specified in the warrant. 

Sect. 18. All elections for county. State, and United Couuty, state 
States officers, who are voted for by the people, shall be ficers^ ^^^ 
held at meetings of the citizens qualified to vote in such 
elections, in their respective wards, at the time fixed by law 
for these elections respectively: and at such meetings, all 
the votes given for such officers respectively, shall be as- 
sorted, counted, declared and registered, in open ward 
meeting, by causing the names of all persons voted for, and 
the number of votes given for each, to be written in the 
ward records in words, at length. The ward clerk shall, 
forthwith, deliver to the city clerk a certified copy of the 
record of such elections. The city clerk shall, forthwith, 
record such returns, and the mayor and aldermen shall, 
within two days after every such election, examine and com- 
pare all such returns, and make out a certificate of the 
result of such elections, to be signed by the mayor and a 
majority of the aldermen, and also by the city clerk, Avhich 



180 



1854. — Chapter 257. 



shall be transmitted or delivered in the same manner as 
similar returns are, by law, directed to be made by select- 
men of towns ; and in all elections for representatives to 
the general court, in case the whole number proposed to be 
elected, shall not be legally chosen, the mayor and alder- 
men shall forthwith issue their warrant for a new election, 
conformably to the provisions of the constitution and the 
laws of the Commonwealth. 

List of voters. Sect. 19. PHor to cvcry election, the mayor and alder- 
men shall make out lists of all the citizens of each ward, 
qualified to vote in such elections, in the manner in which 
selectmen of towns are required to make out lists of voters ; 
and for that purpose, they shall have full access to the 
assessors' books and lists, and be entitled to the assistance 
of all assessors and city officers; and they shall deliver the 
said lists, so prepared and corrected, to the clerks of the 
said wards, to be used at such elections ; and shall cause 
copies thereof to be posted up in not less than three places 
in said wards at least seven days prior to such elections ; 
and no person shall be entitled to vote whose name is not 

Provided, &c. bomc OR such lists : provided, that any person whose name 
shall not be borne on the list of the ward in which he is en- 
titled to vote, when it shall be placed in the hands of the 
clerk of said ward, shall have the right to have his name 
entered thereon at any time thereafter and before the clos- 
ing of the polls, upon presenting to the ward ofiicers a 
certificate signed by the mayor or city clerk, setting forth 
his right to have his name thus entered. 

Sect. 20. General meetings of the citizens qualified to 
vote may, from time to time, be held, to consult upon .the 
public good, to give instructions to their representatives, 
and to take all lawful measures to obtain redress for any 
grievances, according to the right secured to the people by 
the constitution of this Commonwealth ; and such meetings 
may and shall be duly warned by the mayor and aldermen, 
upon the requisition of fifty qualified voters. 

By-laws. Sect. 21. The city council shall have power to make all 

such salutary and needful by-laws as towns, by the laws of 
this Commonwealth, have power to make and establish, and 
to annex penalties, not exceeding twenty dollars, for the 
breach thereof; which by-laws shall take effect and be in 
force from and after the time therein respectively limited, 
without the sanction of any court or other authority what- 

Proviso. ever : provided, that all such by-laws or ordinances shall be 

presented to the mayor for his approval ; which if he ap- 



Meetings of 
the citizens. 



1854.— Chapter 257. 181 

prove, he shall sign, if not, he shall return to the city council 
"with his objections, for a reviewal, within one "week, and if 
again passed by a majority of each board, it shall become a 
law. A\\di provided, also, that all laws and regulations now Provided, also. 
in force in the town of Fall River shall, until they shall 
expire by their own limitation, or be revised or repealed by 
the city council, remain in force ; and all fines and forfeit- 
ures for the breach of any by-law or ordinance, shall be paid 
into the city treasury. 

Sect. 22. All fines, forfeitures and penalties, accruing Fines, &c. how 
for the breach of any by-laws of the city of Fall River, or 
of any of the ordinances of the city council, or of any of the / 

orders of the mayor and aldermen, may be prosecuted for 
and recovered before the police court of the said city of 
Fall River, by complaint or information, in the same manner 
in which other criminal offences are now prosecuted before 
the police courts within this Commonwealth; reserving, 
however, in all cases, to the party complained of and pros- 
ecuted, the right of appeal to the court of common pleas, Rig^* of =ip- 
then next to be held in the county of Bristol, from the judg- ^^"^ ' 
ment and sentence of the police court ; and the appeal shall 
be allowed on the same terms, and the proceedings shall be 
conducted therein in the same manner, as provided in the 
one hundred and thirty-eighth chapter of the Revised Stat- 
utes of this Commonwealth ; and it shall be sufficient, in all 
such prosecutions, to set forth in the complaint, the offence Compiainis, 
fully, plainly, substantially and formally ; and it shall not 
be necessary to set forth such by-law, ordinance, or order, 
or any part thereof. 

All fines, forfeitures and penalties, so recovered and paid. Fines paid to 
shall be paid to the treasurer of the city of Fall River, and city treasurei. 
shall enure to such uses as the said council shall direct. 

When any person, upon any conviction before the police Refusal to pay 
court for any breach of any by-law of the said city of Fall -^^xeL °^^^^^"' 
River, or any of the ordinances of the city council, or any 
of the orders of the mayor and aldermen, shall be sentenced 
to pay a fine, or ordered to pay any penalty or forfeiture 
provided by any such by-law, ordinance or order, or, upon 
claiming an appeal, shall fail to recognize for his appear- 
ance at the court appealed to, and there to prosecute his 
appeal, and to abide the sentence or order of the court 
thereon, and in the meantime to keep the peace and be of 
good behavior, and upon not paying the fine, penalty, or for- 
feiture and cost so assessed upon him, lie shall be committed 
to prison, there to remain until he or she shall pay such fine^ 



182 1854.— Chapter 257. 

forfeiture or penalty, and costs, or be otherwise discharged 
according to law. 
Applies to The provisions of this section shall also apply to all pros- 

town by-laws, ecutions founded on the by-laws or ordinances of the town 
of Fall River, which may continue in force after this act shall 
go into operation, and all the powers of the police court 
already established shall be continued to it. 
First organiza- Sect. 23. For the purposc of Organizing the system of 
*'°"- government hereby established, and putting the same into 

operation, in the first instance, the selectmen of the town of 
Fall River, for the time being, shall, withia thirty days after 
V the acceptance of this act, issue their warrants, seven days 

at least previous to the day so appointed, for calling meetings 
of the said citizens, at such place and hour as they may deem 
expedient, for the purpose of choosing a warden, clerk 
and inspectors for each ward, and all other officers whose 
election is provided for in the preceding sections of this act ; 
and the transcripts of the records of each ward, specifying 
the votes given for the several officers aforesaid, certified 
by the warden and clerk of each ward, at such first meet- 
ing, shall be returned to the said selectmen, whose duty it 
shall be to examine and compare the same, and in case the 
said elections should not be completed at the first meeting, 
then to issue new warrants, until such elections shall be 
completed, and to give notice thereof, in the manner herein- 
before provided, to the several persons elected. 
First meeting, And at thc said first meeting, any inhabitant of said 
how organized. ^g^Pjj^ |-)QJQg. g^ jQgg^;[ yotcr, may call the citizens to order, 

and preside until a warden shall have been chosen. And 
at said first meeting, a list of voters in each ward, pre- 
pared and corrected by the selectmen for the time being, 
shall be delivered to the clerk of each ward, when elected, 
to be used as herein-before provided. And the selectmen 
shall appoint such time for the first meeting of the city 
council, as they may judge proper, after the choice of city 
officers as aforesaid, or a majority of the members of both 
branches, in the year one thousand eight hundred and fifty- 
•four, and shall also fix upon the place and hour of the said 
first meeting, and a written notice thereof shall be sent, by 
the said selectmen, to the place of abode of each of the city 
officers chosen, as provided in this section. 
Subsequent or- And after this first election of city officers, and this first 
ganizations. meeting for the organization of the city council, as in this 
section is provided, the day of holding the annual elections, 
and the day and hour for the meeting of the city council for 



1854.— Chapter 257. 183 

the purpose of organization, shall remain, as provided in 
the sixth section of this act. And it shall be the duty of the 
city council, immediately after the first organization, to elect 
all necessary city officers, who shall hold their offices, re- 
spectively, until others shall be chosen and qualified. 

Sect. 24. All officers of the town of Fall River having Delivery of 
the care and custody of any records, papers, or muniments ^^'^"'^ ^' 
of property, belonging to the said town, shall deliver the 
same to the city clerk, within one week after his entering 
upon the duties of his office. 

Sect. 25. The amiual town meeting of the town of Fall Town meeting 
River, which by law is to be held in March or April, is ®"®p^° ^ ' 
hereby suspended, and all town officers now in office shall 
hold their places until this act shall take effect, and their 
successors are chosen and qualified. 

And in case this act shall not be accepted as herein-after Proceedings in 
provided, the selectmen shall issue their warrant according ^ot accepted. 
to law, for holding the annual town meeting of the inhabit- 
ants, in which all the proceedings shall be the same as if 
this act had not passed. The warrant for calling the said 
town meeting shall be issued within seven days from the 
rejection of this act, provided the same shall not be 
accepted. 

Sect. 26. All such acts, and parts of acts, as are incon- inconsistent 
sistent with the provisions of this act shall be, and the same ^''t^^^P^^ ^ 
are, hereby repealed. 

Sect. 27. Nothing in this act contained shall be so con- Legislature 
strued as to prevent the legislature from altering or amend- "^^^ ^ 
ing the same whenever they shall deem it expedient. 

Sect. 28. This act shall be void, unless the inhabitants Act void, un- 
of the town of Fall River, at a legal meeting called for that ^^^' 
purpose, at which the selectmen shall preside, and the check 
list be used in the same manner as at meetings called to 
choose state officers, and the polls be kept open at least six 
hours, shall, by a vote of the majority of the voters present 
and voting thereon, yea or nay, by a written ballot, deter- 
mine to adopt the same, within twenty days from and after 
its passage. 

Sect. 29. This act shall go into operation from and 
after its passage. [Approved by the Governor, April 12, 
1854.] 



184 1854.— Chapters 258, 259. 

L'liop. ZOo An Act relating- to Religious Societies. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Religious soci- Sect. 1. Any corporatioii established for religious pur- 
eti^es may aval , p^g^g^ wliich sliall liavc erected or procured for public wor- 
ship, a meeting-house prior to the twenty-fifth day of March, 
in the year eighteen hundred and forty-five, may avail itself 
of the benefit of the general act, passed under that date, 
Proviso. entitled '•' An Act relating to Religious Societies : " provided, 

that at a regular parish meeting, called for that purpose, 
they shall so decide, by a vote of two-thirds of the mem- 
bers present and voting thereon. 
Society may Sect. 2. Any sucli rcligious society which shall vote to 
purchase pews, g^^^j^'l j^gg|f Qf ^|^q provisions of this act, as provided in sec- 
tion first, shall, upon the application of any person owning 
one or more pews in the meeting-house belonging to sucli 
society, purchase said pew or pews at the appraised value, 
and the appraisal shall be made by three disinterested per- 
sons, who may be chosen in the following manner, namely : 
one by the pew owner, one by the society, and the third by 
Proviso. the two persons thus Q\io^Q,n: provided, however, i\i2>X such 

application be made within one year after the said vote has 
been taken. 
Societies com- Sect. o. Any rcligious society that shall have complied 
plying, &c. ^-^1^ ^i^g requisitions of this act, shall thereafter be entitled 
to all the privileges, and be subject to all the liabilities in- 
incident to those religious societies that have erected or 
procured for public worsliip, a meeting-house since the 
twenty-fifth day of March, in the year eighteen hundred and 
forty-five. {^Approved by the Governor, April 12, 1854.] 



Chap. 259 A" ^ct in addition to An Act to incorporate the Berkshire Mutual Fire 

Insurance Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
tJiP same, as folloivs : 

May insure Bect. 1. The Berkshire Mutual Fire lusuraucc Company 

personal prop- ^^ i^ercby authorized and empowered, to insure personal 
property, wherever situated, against loss or damage by fire, 
to an amount not exceeding three-fourths of its cash value. 
Duration. for a tcrm not exceeding seven years ; and all policies here- 
tofore issued by said company, to insure personal property, 



1854.— Chapters 260, 261. 185 

are hereby confirmed and made valid, against any objection Former pou- 
of want of authority in said company to insure such kind 
of property. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, April 12, 1854.] 

An Act to incorporate the American Lead Works. Chap. 260 

Be it enacted by the Senate and House of Represeiita- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. John M. Prince, David Elwell, George Adams, Corporators. 
their associates and successors, are hereby made a corpora- 
tion, by the name of the American Lead Works, for the 
purpose of manufacturing the various articles of which lead Purpose, 
and other metals are a component part, in the city of Bos- 
ton, and town of Chelsea, in the county of Suffolk; with 
all the powers and privileges, and subject to all the duties, Powers, privi- 
liabilities and restrictions, set forth in the thirty-eighth and ^^^^' '^' 
forty-fourth chapters of the Eevised Statutes. 

Sect. 2. The said corporation may purchase and hold Real estate, 

. SlOO 000 • 

real estate necessary and convenient for the purposes afore- capital, ' 
said, not exceeding in amount, one hundred thousand dol- S2o0,ooo. 
lars, and the whole capital stock of said corporation, shall 
not exceed two hundred and fifty thousand dollars : pro- 
vided, however, that no shares in the capital stock of said No shares to 
corporation shall be issued, for a less sum or amount, to be der l^^r! ^^' 
actually paid in on each, than the par value of the shares 
first issued. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, April 12, 1854.] 

An Act for the Protection of Province Lands, in Provincetown. Chap. 261 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. If any person shall pull up or destroy any Penalty for de- 
beach-grass, bushes or pines, on the Province Lands, in|rass',°lc.^^° 
Provincetown, in the county of Barnstable, to the injury of 
public or private property in said town, or to the injury of 
Provincetown Harbor, or if any person shall use any of the 
said lands for pasturage, without the consent, in writing, of 
the agent to be appointed, as herein-after mentioned, he 
shall forfeit and pay the sum of five dollars for the first 
24 



186 1854.— Chapter 261. 

offence, and ten dollars for every subsequent offence, to be 
recovered on a complaint to any justice of the peace for 
said county of Barnstable. 

Agent ap- Sect. 2. It shall be the duty of his excellency the gov-" 

poi"^ ® ■ ernor, by and with the advice and consent of the council, 

immediately after the passage of this act, and in the month 
of February in each year thereafter, to appoint an agent, 
who shall be an inhabitant of Provincetown, and who shall 
be sworn to the faithful discharge of his duty, and who shall 
prosecute for the penalties before mentioned, and the same, 
when recovered, shall be for the use of said town ; and the 

May give per- gaid agent may give written permits to take sods and brush 
from low and swamp-like places, and also for the purpose of 
pasturage, when, in his opinion, after he shall have made a 
personal examination of the place applied for, such permits 
may be granted without causing injury to Cape Cod Harbor, or 
to any public or private property. For each permit granted 
by said agent, he shall receive from the party obtaining the 
same, the sum of one dollar. The said agent shall hold his 
office for one year, unless sooner removed by the governor 
and council. 

Committees to Sect. 3. The Said town of Provincetown shall, annually, 
' ■ elect a committee of three persons, who shall be sworn to 
the faithful discharge of their duty, and said town is hereby 
authorized to enter, by said committee, chosen as aforesaid, 
upon any of the Province Lands, enclosed or unenclosed, 
for the purpose of setting out pines, bushes, or grass, when- 
ever said committee may deem it necessary for the preser- 
vation of said harbor, or of any highway on public or private 
property. 

May set out Sect. 4. Whenever, in the opinion of said committee, it 

pmes, c c. gi^aii become necessary, in consequence of any of the viola- 
tions of the provisions of this act, to set out pines or beach- 
grass on any lot of said lands enclosed, the expense thereof 
shall be paid by the person or persons in the occupancy of 
the same ; and in case of refusal, by any occupant, to pay 
such expense, it may be recovered by said committee in an 
action of contract, in any court proper to try the same. 

Annual tax. Sect. 5. The said town of Provincetown is hereby em- 

powered, annually, to raise such sum of money as may be 
deemed necessary to defray the expenses of setting out 
pines or beach-grass on said Province Lands ; and any sum 
raised for this purpose, shall be assessed and collected as 
other taxes now are. 

Acts repealed. Sect. 6. The act of April eighteenth, in the year eight- 



1854.— Chapter 262. 187 

een liimdred and thirty-eight, entitled, "An Act for the 
Protection of the Province Lands in the town of Province- 
town," and all other acts or parts of acts, inconsistent with 
the provisions of this act, are hereby repealed, except that 
the committee, chosen by the town, under the provisions of 
said act, at their last annual meeting, shall hold their offices 
until the next annual meeting of said town for the choice of 
town officers ; and said committee are hereby authorized to 
carry into eff'ect the provisions of this act, as fully as if 
chosen by virtue of its provisions. 

Sect. 7. This act shall not affect any complaint or ^i*'°"? ^°* 
action now commenced, or that shall be hereafter com- 
menced, by virtue of said act of April eighteenth, in the 
year eighteen hundred and thirty-eight, before this act shall 
take effect, and the justice of the peace or the court before 
whom such complaint or action may be commenced, or pend- 
ing at the time when this act shall take effect, shall have 
the same jurisdiction, power and authority, in respect to 
them, as they now have. 

Sect. 8. The title of the Commonwealth as owner, in fee. Title declared. 
to all the Province lands within the town of Provincetown, is 
hereby asserted and declared, and no adverse possession or 
occupation thereof, by any individual, company, or corpora- 
tion, for any period of time, shall be sufficient to defeat or 
divest the title of the Commonwealth thereto. 

Sect. 9. The provisions of the twelfth section of the See 12, ch. no, 
one hundred and nineteenth chapter of the Revised Statutes apply,' &c! 
shall not be held to apply to any of the Province Lands in 
said town of Provincetown. 

Sect. 10. This act shall take effect from and after its 
passage. [Approved by the Governor, April 12, 1854.] 



An Act in relation to the Hospital on Rainsford Island for State Paupers. CJlClp. 262 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. His excellency the governor, with the advice inspectors ap- 
and consent of the council, is hereby authorized and em- ^°"^ ^ 
powered to appoint three inspectors of the hospital on 
Rainsford Island, who shall receive each such salary as the 
governor and council may deem reasonable and proper, and 
shall be subject to removal by them for sufficient cause ; and 
each of the inspectors shall visit the hospital once at least 
in each week. 



188 



1854.— Chapter 263. 



Duty. 



To complete 
repairs. 



Proviso. 



Inconsistent 
act repealed. 



Sect. 2. It shall be the duty of the inspectors to estab- 
lish rules and regulations for the management and govern- 
ment of said hospital, subject to the approval of the 
governor, and to see that all such rules and regulations are 
enforced. 

Sect. 3. The superintendent of Rainsford Island, and 
the inspectors of the hospital, under direction of the gov- 
ernor and council, are hereby authorized to complete the 
repairs upon the buildings, to build a wharf, and to provide 
the necessary means for conveyance to and from the same, 
as they may judge expedient : provided, however, that the 
expense thereof shall not exceed fifteen thousand dollars. 

Sect. 4. All bills for expenditures on the island, wheth- 
er for improvements or support of residents thereon, shall 
be presented to the state auditor at the close of each quar- 
ter, after approval by the inspectors. 

Sect. 5. So much of the eleventh section of the two 
hundred and seventy-fifth chapter of the acts of 1852, as is 
inconsistent with the provisions of this act, is hereby re- 
pealed. 

Sect. 6. This act shall take effect from and after its 
passage. [^Approved by the Governor, April 12, 1854.] 



Chap. 263 An Act to permit Cornelius Harnblen and Cornelius Hamblen, Jr., to 
^' Bed Oysters in Mystic River. 

Beit enacted by the Senate a?id House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 



May bed oys- 
ters. 



Proviso. 



Cornelius Hamblen and Cornelius Hamblen, Jr., are here- 
by permitted to bed oysters in so much of the flats in Mys- 
tic River, as the Commonwealth is interested in, between 
the two channels, westerly of the draw, where the Boston 
and Maine Railroad crosses the said Mystic River ; bounded 
on the east by a line so drawn, north and south, from chan- 
nel to channel, as to divide into two equal quantities, the 
flats that lie between the channels, to the west of a line 
drawn from channel to channel, seventy-five rods on each, 
westerly from the Boston and Maine Railroad, and from the 
ends of said first line, westerly on said channels to their 
point of meeting, so long as said flats are not wanted for 
the purposes of the Commonwealth, or until the permission 
hereby granted is otherwise terminated : provided, that the 
said use of said flats, or the provisions of this act shall, in 



1854.— Chapters 264, 265. 189 

nowise, interfere with the navigation or with the private 
rights of any person or persons whatever. [Approved by 
the Governor, April 12, 1854.] 

An Act to incorporate the Lov.-ell Five Cents Savings Bank, in Lowell. Chap. 264 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Horatio Wood, Nathan Crosby, 0. "W. Stick- Corporators, 
ney, Linus Child, Daniel S. Richardson, Benjamin Adams, 
Samuel Burbank, Joseph Butterfield, Isaac S. Morse, Charles 
B. Coburn, Samuel Fay, William A. Richardson, Francis 
Bush, their associates and successors, are hereby made a 
corporation, by the name of the Lowell Five Cents Savings 
Bank, to be established in the city of Lowell ; with all the 
powers and privileges, and subject to all the duties, liabili- ^°^'^'^^; P"^^' 
ties and restrictions, set forth in the thirty-sixth chapter of 
the Revised Statutes, and in all other laws of the Common- 
wealth relating to institutions for savings. 

Sect. 2. Said corporation shall receive on deposit, sums Deposits. 
as small as five cents. 

Sect. 3. Whenever any deposit shall be made, by any ^^'^lo^minOTT 
minor, the trustees of said corporation may, at their dis- 
cretion, pay to such depositor, such sums as may be due to 
him or her, although no guardian shall have been appointed 
for such minor, or the guardian of such minor shall not have 
authorized the drawing of the same ; and the check, receipt. Minor's receipt 
or acquittance of such minor, shall be as valid as if the 
same was executed by a guardian of such minor, or the said 
minor was of full age, if such deposit was made personally 
by said minor. 

Sect. 4. This act shall take effect from and after its 
passage. [Approved by the Governor, April 12, 1854.] 

An Act to incorporate the Proprietors of Lawrence Bridge. Chap. 265 

Be it enacted by the SeJiate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. George L. Davis, Charles Furber, Jarvis Slade, Corporators, 
their associates, successors and assigns, are hereby made a 
corporation, by the name of the Proprietors of Lawrence 
Bridge, with all the powers and privileges, and subject to Powers,duties, 
all the duties, restrictions and liabilities, set forth in the 



190 



1854.— Chapter 265. 



May erect 
bridge, &c. 



Width. 



Rates of toll. 



thirty-eiglitli and forty-fourth chapters of the Revised Stat- 
utes. 

Sect. 2. The said corporation is hereby authorized and 
empowered to erect a bridge over Merrimack River, at the 
southerly terminus of Union Street, in the city of Lawrence, 
and to purchase and hold such real estate as maybe proper for 
the purpose ; and said bridge shall be "well built of suitable 
materials, at least twenty-eight feet wide, and covered with 
planks, with sufficient rails on each side for the protection 
of passengers travelling thereon, and shall be kept in good 
repair at all times. 

Sect. 3. A toll is hereby granted to said proprietors, 
and is established at the following rates, viz. : For each 
horse and rider, four cents ; for each horse or ox led, two 
cents ; for each wagon, sleigh, or other vehicle, drawn by 
one horse, five cents ; for each coach, wagon, sleigh, or 
other vehicle, drawn by two horses, ten cents ; and for each 
additional horse, two cents ; for each cart, wagon or sled, 
drawn by two oxen, seven cents ; and for each additional 
yoke of oxen, four cents ; for droves of neat cattle or 
horses, one-half cent each; for droves of swine or sheep, 
one-fourth cent each ; but all persons who shall -have occa- 
sion to pass said bridge to perform military duty, or duty 
as firemen, or to attend at their usual place of public wor- 
ship on the Lord's day, shall pass, with their necessary car- 
riages and horses, free from toll. 

Sect. 4. The said tolls shall commence on the day of 
the opening of said bridge for travel, and shall continue 
for the term of thirty years thereafter ; and at the place of 
receiving said tolls, there shall be constantly exposed to 
view, a sign-board, with said rates of toll fairly and legibly 
printed thereon. 

Accounts to be Sect. 5. The Said corporation, at the time of the open- 
ing of said bridge for travel, or as soon as may be there- 
after, shall cause a true account of the expenses of building 
the same ; and also, at the end of every three years there- 
after, a true account of all receipts and disbursements on 
account of the same, to be returned into the office of the 
secretary of the Commonwealth. 

Sect. 6. The said corporation may, if it see cause, com- 
mute said rates of toll with any person or persons, by taking 
of him or them a certain less sum, payable at any stated 
periods, instead of the toll aforesaid ; or by taking of all 
persons less rates of toll than as before specified, public 

Notice given, noticc of their intention so to do, being first given, by pub- 



Continuance of 
tolls. 



filed. 



May commute 
tolls. 



1854.— Chapter 266. 191 

lishing the same three weeks, successively, in. any newspaper 
printed in the county of Essex; and the legislature may, at 
any time hereafter, regulate the tolls on said bridge, as they 
may deem expedient. 

Sect. 7. The said city of Lawrence, or the county com- May purchase 
missioners of the county of Essex, at any time after five 
years from and after the opening of said bridge for travel, 
may purchase > the same for the purpose of making it free, 
by paying to the proprietors thereof, such sum therefor as 
shall be necessary to reimburse them the amount of money 
by them expended in building said bridge, and all other 
necessary expenses, together with eight per cent, annual 
interest thereon : provided, however, that said city, or said Proviso, 
county commissioners, as the case maybe, shall, at the same 
time, purchase or offer to purchase, Andover Bridge, in said 
Lawrence, for the purpose of making it also free, by paying 
or tendering to the proprietors thereof, such sum therefor 
as a board of three disinterested and discreet persons, to 
be appointed for that purpose by the justices of the court 
of common pleas, shall, on hearing the parties, deem just 
and reasonable ; and the said proprietors, on the receipt of 
said sum, shall transfer their right and interest in said 
bridge or bridges, to said city or county commissioners as 
aforesaid, and thereafter the same shall be forever free, and 
the proprietors exonerated from any further obligation en- 
joined by their respective acts of incorporation. 

Sect. 8. This act shall be of no effect, if the corpora- Act how made 
tion, hereby created, shall neglect, for the space of three ^ 
years from the passing hereof, to build and finish said 
bridge. [^Approved by the Governor, April 12, 1854.] 



An Act authorizing tlie County Commissioners of the County of Bristol Chap. 2Qb 
to lay out a Highway and construct a Bridge over Broad Cove. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The county commissioners of the county of Bridge in Som- 
Bristol are hereby authorized and empowered to lay out a "^^ ' 
highway and construct a bridge over Broad Cove, so called, 
on Taunton Eiver, in the towns of Somerset and Dighton, 
in said county, at such place as the public convenience and 
necessity require : provided, that in laying out said highway Proviso, 
and constructing said bridge, said county commissioners 
shall, in all respects, proceed according to the laws regu- 
lating the laying out and constructing of public highways. 



192 1854.— Chapters 267, 268. 

When to be Sect. 2. Said highway shall be laid out, and said bridge 

finished. sliSiW be constructed and open for public travel, within three 

years from the passage of this act. 

Sect. 3. This act shall take effect from and after its 

passage. [Appi-oved by the Governor, April 12, 1854.] 

Chap. 267 An Act to incorporate the Revere Insurance Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Samucl S. Pcrldns, James M. Keith, John B. 
Bridgman, their associates and successors, are hereby made 
Duration. a corporatiou, for the term of twenty years from the pas- 
sage of this act, by the name of the Revere Insurance Com- 
pany, to be established in the city of Boston, for the 
purpose of making insurance against losses by fire, and 
Powers, prWi- maritime losses ; with all the powers and privileges, and 
eges, c. subject to all the duties, liabilities and restrictions, set forth 
in the thirty- seventh and forty-fourth chapters of the Revised 
Statutes, and all other general laws which are now, or may 
hereafter be in force, relative to insurance companies. 
Capital, Sect. 2. The said corporation shall have a capital stock 

Sioo.ooo. ^^ ^^^ hundred thousand dollars, divided into shares of one 
Shares of gioo. hundred dollars each, with liberty to pay in and increase the 
May increase game, to an amount not exceeding three hundred thousand 
Refustate' (^ol^^-rs, and may hold real estate, for its use, not exceeding 
^20,000. ' twenty thousand dollars. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, April 12, 1854.] 

Chap. 268 An Act to change the Name of the Serpentine Paint and Fire Brick 

Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Name changed Sect. 1. The Serpentine Paint and Fire Brick Company 
shall hereafter be called and known by the name of the 
Hampden Paint and Chemical Company. 
Additional Sect. 2. Said compauy are hereby authorized, in addi- 

^°^^^- tion to the powers heretofore conferred on them, to manu- 

facture chemicals. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, April 12, 1854.] 



1854.— Chapters 269, 270. 193 

An Act to incorporate the Congregational Library Association, of Boston, Chap. 269 

Be it enacted by the Senate and House of Representa- 
tives, in General Conrt assembled, and by the authority of 
the same, as follows : 

Sect. 1. Rufus Anderson, Joseph S. Clark, Julius A. Corporators. 
Palmer, their associates and successors, are hereby made a 
corporation, by the name of the Congregational Library 
Association, of Boston, for the purpose of establishing and^^^P"^®- 
perpetuating a library of the religious history and literature 
of New England, and for the erection of a suitable building 
for the accommodation of the same, and for the use of char- 
itable societies; with all the powers and privileges, and j^°^®r^ P"'^^- 
subject to all the duties, restrictions and liabilities, set forth 
in the forty-fourth chapter of the Revised Statutes. 

Sect. 2. Said corporation may hold real and personal Si50,ooo real 
estate, necessary and convenient for the purposes aforesaid, es^tate!^"""^ 
to an amount not exceeding, in the whole, one hundred and 
fifty thousand dollars, the income whereof shall be devoted 
to the aforesaid purposes. [Approved by the Governor, 
April 12, 1854.] 



An Act establishing the Salaries of the Warden, Deputy- Warden, Chap- Chap. 270 
lain, and Inspectors of the State Prison. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The salaries of the warden, deputy- warden, Salaries estab- 
chaplain, and inspectors of the State Prison, shall be as 
follows, to wit: the warden shall have eighteen hundred 
dollars; the deputy-warden, twelve hundred dollars; the 
chaplain, ten hundred dollars ; and the inspectors two hun- 
dred dollars each, per year ; which sums shall be paid in 
quarterly payments, by the warden, out of the treasury of 
the Prison, and shall be in full for all services ; and no other 
perquisite, reward or emolument, shall be allowed to, or 
received by, either of them, except that there shall be al- 
lowed to the warden and deputy-warden sufficient house 
room, with fuel and light for themselves and families. 

Sect. 2. All acts and parts of acts inconsistent with inconsistent 

, 1 . , IT 11 acts repealed. 

this act, are hereby repealed. 

Sect. 3, This act shall take effect from and after its 
passage. [Approved by the Governor, April 12, 1854.] 

25 



194 1854.— Chapters 271, 272, 273. 

L/h(ip, /271 An Act in addition to An Act to incorporate the Granite Railway 

Company. 

Be it enacted by tlie Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

11th sec. of for- ^ECT. 1. The eleventh section of an act passed on the 

iTi8r set rc~ 

pealed. foui'th day of March, in the year eighteen hundred and twen- 

ty-six, entitled '' An Act to incorporate the Granite Eail"vray 
Company," whereby the stockholders in said company are 
made liable, in their persons and estates, for all debts con- 
Proviso, tracted by said corporation, is hereby repealed : provided, 
hoioever, that this act shall not affect contracts made before 
this act takes effect. 

Sect. 2. This act shall take effect from and after its 
passage. {Approved by the Governor, April 12, 1854.] 



Chap. 272 An Act to permit Simeon Baker and William S. Baker to Bed Oysters 

in Mystic River. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Simeon Baker and William S. Baker are hereby permit- 
ted to bed oysters, in so much of the fiats in Mystic River 
as the Commonwealth is interested in, commencing at the 
draw where the Boston and Maine Eailroad crosses the 
said Mystic River, thence southerly to the second channel, 
and on both channels, easterly to their point of meeting"^; so 
long as said flats are not wanted for the purposes of the 
Commonwealth, or until the permission, hereby granted, is 
Proviso. otherwise terminated : provided, that the said use of said 

flats, or the provisions of this act shall, in nowise, interfere 
with navigation, or with the rights of any person or per- 
sons whatever. {Approved by the Governor, April 12, 1854.] 

Chap. 273 An Act to permit Benjamin Baker and Benjamin S. Wright to Bed 

Oysters in Mystic River. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Benjamin Baker and Benjamin S. Wright are hereby per- 
mitted to bed oysters, in so much of the flats in Mystic 
River as the Commonwealth is interested in, commencing 



1854.— Chapters 274, 275. 195 

at the draw where the Boston and Maine Eailroad crosses 
the said Mystic River, and extending westerly between and 
upon each of the two channels,, a distance of seventy-five rods, 
and thence from channel to channel at the westerly termina- 
tion of said two boundaries, so long as said flats are not 
wanted for the purposes of the Commonwealth, or until the 
permission, hereby granted, is otherwise terminated : pro- ProTiso. 
vided. that the provisions of this act, or the said use of the 
said flats shall, in nowise, interfere with the navigation, or 
with the private rights of any person or persons whatever. 
[Approved by the Governor, April 12, 1854.] 

An Act to incorporate the Hyde Park Company. Chdl). 274 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Henry Lyman, Wm. P. Barnard, Gordon H. Corporators. 
Xott, their associates and successors, are hereby made a 
corporation, by the name of the Hyde Park Company, for 
the purpose of carrying on the business of quarrving stone Purpose, 
and digging and removing sand and gravel, in the town of 
Dorchester: with all the powers and privileges, and subject Powers.duties, 
to all the duties, liabilities and restrictions, set forth in the ^' 
thirty-eighth and forty-fourth chapters of the Revised 
Statutes. 

Sect. 2. And the said corporation, for the purposes Real estate, 
aforesaid, may own real estate, not exceeding in value one fap^^^L ' 
hundred and fifty thousand dollars, and the capital stock of S300,ow. 
said corporation shall not exceed three hundred thousand 
dollars : and no shares in the capital stock of said corpora- Xo shares to 
tion shall be issued for a less sum or amount, to be actually de/"^r! ^^ 
paid in on each, than the par value of the shares first issued. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, April 12, 1854.] 

An Act authorizing the County Commissioners of the County of Middlesex Cko.p. 275 
to lav out a H'ghwav and construct a Bridge over Mystic River, in the 
Town of Med ford. 

Be it enacted by tiie Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The county commissioners of the county of Bridge in Med- 
Middle^ex are hereby authorized and empowered to lay out °^ ' 
a hicfhwav and construct a bridge over Mvstic River, in the 



196 1854.— Chapter 276. 

town of Medford, in said county, at such point between the 
bridge in the market-place in said town and the bridge of 
the Boston and Lowell Railroad as the public convenience 
ProTiso. and necessity require : provided, however, that said county 

commissioners shall cause said bridge to be so constructed 
as not materially to interrupt the flowage of the water in 
said river. Said commissioners, in laying out and construct- 
ing said road and bridge, shall in all respects proceed as is 
provided by law for laying out and constructing highways. 
When to be Sect. 2. The Said commissioners shall locate said high- 
completed. ^^^^ ^^^ complete and open the same for public travel, 
within two years from the passage of this act. 

Sect. 3. This act shall take eifect from and after its 
passage. ^Approved by the Governor, April 12, 1854.] 



Chap. 276 An Act to incorporate the Upton Hotel Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Elijah Stoddard, Orra Wood, Elijah Nelson, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Proprietors of the Upton Hotel, 
for the purpose of erecting a hotel, in the town of Upton, 
and maintaining such public house, and the buildings and 
appurtenances connected therewith ; and for these pur- 
Powers, duties, poses, shall have all the powers and privileges, and be sub- 
**'• ject to all the duties, liabilities and restrictions, set forth in 

the forty-fourth chapter of the Revised Statutes : provided. 
Proviso. however, that said corporation shall not carry on the busi- 

ness of hotel-keeping. 
Hold real and Sect. 2. Said corporation may hold 'such real and per- 
persona estate g^j^g^j property, as may be necessary and convenient for the 
purposes aforesaid, not exceeding in amount fifteen thousand 
No shares to dollars : provided, hoivever, thsit no shares in the capital 
der par.^*^ ^" 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 first be issued. 
Transfer of Sect. '3. When any stockholder in this corporation shall 

stock. transfer his stock in this corporation, a certificate of such 

transfer shall forthwith be deposited witli the town clerk of 
the town of Upton, who shall note the time when the same 
was deposited, and record the certificate, at full length, on 
the record book of the town ; and no transfer of such stock 
shall be valid against the creditors of such stockholder. 



1854.— Chapter 277. 197 

until such certificate shall have been deposited and recorded 
as aforesaid. [Approved by the Governor, April 12, 1854.] 

An Act to establish a Police Court in the Town of Adams. Chop. 277 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follotvs : 

Sect. 1. A Police Court is hereby established, in the Police court 
town of Adams, to consist of one competent and discreet ^^^^ 
person, to be appointed and commissioned by the governor, 
pursuant to the constitution, as standing justice. 

Sect. 2. The said court shall have original and exclu- Jurisdiction. 
sive jurisdiction over all crimes, offences and misdemeanors, 
committed within said town of Adams, whereof justices of 
the peace now have, or may have, jurisdiction ; also of all 
suits and actions which may now, or at any time hereafter, 
be heard, tried and determined, before any justice of the 
peace, in the county of Berkshire, whenever all the parties 
shall reside in Adams, and service of the writ is had on the 
defendant in said county. The said court shall have origi- 
nal and concurrent jurisdiction with justices of the peace in 
said county of Berkshire, over all crimes, offences and mis- 
demeanors, whereof justices of the peace, within the county 
of Berkshire, now have, or may have, jurisdiction ; also of 
all suits and actions within the jurisdiction of any justice of 
the peace within the county of Berkshire ; but nothing in 
this section shall affect the jurisdiction of the court of com- 
mon pleas. 

Sect. 3. An appeal shall be allowed from all judgments Appeal 
of said police court, in like manner, and to the same ex-*^ 
tent, that appeals are now allowed by law, from judgments 
of justices of the peace, and the justice of the said police 
court shall not be of counsel to any party in any cause 
which may be pending in said court. 

Sect. 4. All fines and forfeitures, and all costs in crim- Fines, costs, 
inal prosecutions, which shall be received by, or paid into ^^sed of. 
the hands of the justice of said court, shall be by him ac- 
counted for, and paid over to the same persons, in the same 
manner, and under the same penalties, as are by law pre- 
scribed in the case of justices of the peace. All costs in 
such prosecutions not thus received, shall be made up, taxed, 
certified and allowed, and shall be paid in like manner as is 
provided by law in cases of justices of the peace. 



198 1854.— Chapter 277. 

What fees Sect. 5. The justicG of Said court shall retain to his 

retain™^^ own use, all fees by him received, or which now accrue to 
justices of the peace, in civil actions and criminal pros- 
ecutions, in full compensation for all services assigned to 
him by the provisions of this act : provided, that he shall 
Fees over ^350 not retain, for his services in criminal prosecutions, a sum 
treiuren ''''^^ exceeding three hundred and fifty dollars annually, but shall 
pay over to the county treasurer, all fees received by him 
in criminal prosecutions, over and above that sum. 
Court, how of- Sect. 6. A court shall be held by said justice, at some 
en o e e . g^j^g^i^jg placc in Said town of Adams, to be provided at the 
expense of said justice, on two several days of each week, 
at nine of the clock in the forenoon, and as much oftener as 
may be necessary, to take cognizance of crimes, offences 
and misdemeanors ; and on two several days in each week, 
to be appointed and made known by said justice, for the 
trial of civil suits and actions. The justice of said court 
may adjourn said court, as justices of the peace may now 
adjourn the same hearings or trials, and he shall, from time 
to time, establish all necessary rules for the orderly and 
uniform conducting of the business thereof. 
Shall keep a Sect. 7. The justicc of Said court shall keep a fair 
make^return!^ rccord of all proceedings in said court, and shall make re- 
turn to the several courts, of all legal processes, and of 
his doings therein, in the same manner as justices of the 
peace are now by law required to do ; and he shall also, 
annually, in the month of January, exhibit to the selectmen 
of the said town of Adams, a true and faithful statement of 
money actually received by him as fees, and all charges and 
fees which are outstanding, and claimed to be due to him 
at the date of such exhibit. 
One special Sect. 8. There shall be appointed by the governor, by 

justice. ^^^ ^^^j^ ^1^^ advice and consent of the council, one special 

justice of said court, who shall have power, in case of the 
absence, sickness, interest or any other disability of the 
standing justice, to issue the processes of said court, to hear 
and determine any matter or cause pending, and to exercise 
all the powers of the standing justice, until such disability 
How paid. bc rciuovcd. The said special justice shall be paid for the 
services by him performed, out of the fees received in said 
court, such sum as the standing justice would be entitled to 
for the same services. 
Pending ac- Sect. 9. All suits, actious and prosecutions, which shall 
poTed of?"' ^^^' ^6 pending within the said town of Adams, before any 
justice of the peace, when this act shall take effect, shall 



1854.— Chapter 278. 199 

be heard and determined as though this act had not 
passed. 

Sect. 10. The governor shall have power, by and with Justices, when 
the advice and'consent of the council, to appoint said stand- ^ 
ing and special justice at any time after receiving notice of 
the adoption of this act by the town of Adams, as herein- 
after mentioned. 

Sect. 11. This act shall be void unless the inhabitants f^^t void, un- 

IGSS 3-CC6T!)tG(.T 

of the town of Adams, at a legal town meeting called for by written vote 

that purpose, shall, by a written vote, determine to adopt 

the same, within sixty days from the passage of this act, 

and it shall be the duty of the selectmen and town clerk of 

said town of Adams, to certify that fact to his excellency 

the governor, if the town should so vote to accept this act. 

[Approved by the Governor, April 12, 1854.] 



An Act to incorporate the New York and Boston Atmospheric Despatch Chap. 278 

Company. 

Be it enacted by the Senate aiid House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. William Eopes, Ithiel S. Eichardson, Thomas Corporators. 
J. Whittemore, their associates and successors, are hereby 
made a corporation, by the name of the New York and 
Boston Atmospheric Despatch Company, for the purpose of Purpose, 
purchasing of the Atmospheric Telegraphic Company, the 
right to use their method, called the Atmospheric Telegraph 
and Railway, for the rapid conveyance of the mails and 
freight between the cities of New York and Boston, and 
intermediate places ; and for the further purpose of con- 
structing a line of the said telegraph and railway, and 
carrying on the business of transportation on said line ; 
with all the powers and privileges, and subject to all the Powers.duties, 
duties, liabilities and restrictions, set forth in the thirty- *°' 
eighth and forty-fourth chapters of the Revised Statutes. 

Sect. 2. The said company are empowered to locate. Location, 
construct and maintain, an atmospheric telegraph and rail- 
way, commencing at some convenient point in or near the 
city of Boston, thence through the towns of Brookline, 
Brighton, Newton, Weston, Needham, Natick, Framingham, . 
Ashland, Southborough, Westborough, Grafton, Millbury, to 
some convenient point in the city of Worcester ; thence 
from said city of Worcester through the towns of Auburn, 
Oxford, Leicester, Charlton, Spencer, Brookfield, Warren, 
Brimfield, Palmer, Monson, Wilbraham, to some convenient 



200 



1854.— Chapter 278. 



Capital stock, 
5,000 shares, 
of glOO each. 



Construction. 
Proviso. 



May take ne- 
cessary lands. 

Pcovided, also, 



Liability of 
corporation. 



point in the city of Springfield ; thence from said city of 
Springfield, through the town of Longmeadow, to the line 
of the State of Connecticut. 

Sect. 3. The capital stock of said company shall consist 
of not more than five thousand shares, the number of which 
shall, from time to time, be fixed by its directors, not to 
exceed, at any time, the number of shares above stated, and 
no assessments shall be laid, of a greater amount thereon, 
in the whole, than one hundred dollars on each share ; and 
no shares shall be issued by said company for a less sum or 
amount, to be actually paid in on each, than the par value 
of the shares which shall first be issued. 

Sect. 4. The said company are empowered to construct 
the said atmospheric telegraph and railway, in such manner 
and form as they shall deem'most expedient : provided, how- 
ever, that the tube of said telegraph and railway shall not 
be of greater size than two feet in diameter, and that all 
substances transported by said telegraph and railway shall 
pass through the said tube ; and for this purpose, the said 
company are authorized to lay out their line of telegraph 
and railway two rods wide, through the whole length; and 
for the purpose of cuttings, embankments, and obtaining 
stone and gravel, and erecting depots and ofiices, may take 
as much more land as may be necessary for the proper con- 
struction, security and business of said telegraph and rail- 
way : and provided, also, if said company shall not be able 
to obtain such land or materials by an agreement with the 
owner thereof, they shall pay therefor such damages as shall 
be estimated and determined by the county commissioners 
for the county where the same may be situated ; and no 
land or material without the limits of said line, shall be so 
taken without the permission of the owner thereof, unless 
the commissioners, on the application of said corporation, 
(and after due notice shall have been given to the said 
owner,) shall first prescribe the limits, within which such 
land or materials shall be taken for the purpose aforesaid. 

Sect. 5. Said corporation shall be liable to pay all 
damages that shall be occasioned by laying out and making 
and maintaining their said telegraph and railway, or by 
taking any land or materials, as set forth in section four of 
this act of incorporation ; and such damages shall be esti- 
mated by the county commissioners, in the manner provided 
in the case of laying out highways ; and when it is intended 
to take any land or materials, for the purpose aforesaid, the 
corporation, as well as the said owner, may apply to the 



1854.— Chapter 279. 201 

county commissioners to estimate the damages, before the 
actual taking and appropriating of such land or materials, 
by the said corporation, and in case of such application be- 
ing made to the county commissioners, either by any such 
owner, or by the said corporation, for an estimate of dam- 
ages, the said county commissioners shall, if requested by 
said owner, require the said corporation to give security, to Corporation to 
the satisfaction of said county commissioners, for the pay- ^^^^^^'^'^^ ^' 
ment of all such damages and costs as shall be awarded by 
the said county commissioners, or by a jury, as herein-after 
provided, for the land or other property so taken ; and all 
the right or authority of the said corporation, to enter upon 
or use said land or other property, except for making sur- 
veys, shall be suspended, until they shall give such security. 

Sect. 6. Either party, if dissatisfied with any estimate Parties may 
made by the county commissioners, may applj' for a jury to ^^.Tejury, &c. 
assess the damages, either at the same meeting at which 
such estimate shall be completed and returned, or at the 
next regular meeting of the county commissioners, after 
said application shall have been made ; and the like pro- 
ceedings shall be had thereon, as are provided in the twenty- 
fourth chapter of the Eevised Statutes, for the recovery 
of damages for laying out highways. 

Sect. 7. Any person who shall unlawfully and intention- Penalty for in- 
ally injure, molest, or destroy, any of the tubes, pipes, piers |j'i""^^(,p°g™y'^' 
or abutments, or any of the materials or property of said 
company, shall, on conviction thereof, be deemed guilty of a 
misdemeanor, and be punished by fine not exceeding five 
hundred dollars, or imprisonment in the county jail, not 
more than two years, or both, at the discretion of the court 
having cognizance thereof. [Appj-oved by the Governor, * 

April 12, 1854.] 



An Act to authorize the City of Boston to lay out a Highway. CIlOU. 279 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The mayor and aldermen of the city of Boston, Highway. 
are hereby authorized and empowered to lay out a highway, 
in continuation of Clinton Street, in said Boston, not ex- 
ceeding sixty feet wide, and extending from the easterly width. 
line of Commercial Street, easterly not exceeding one hun- 
dred and forty feet ; and from some point on the said con- 
tinuation, extending north-easterly, not exceeding sixty feet 
26 



202 



1854.— Chapter 280. 



Corporators. 



wide, and nearly parallel with said Commercial Street, to 
Eastern Packet Pier ; and from some point on the said con- 
tinuation of Clinton Street, extending south-westerly, not 
exceeding forty-feet in width, to City Wharf, so called : pro- 
Proviso. vided, that the assent of the proprietors of the flats, over 

which the said highway shall pass, shall be first obtained. 

Sect. 2. This act shall take effect from and after its 
passage. {^Approved by the Governor, April 12, 1854.] 

Chan 280 ^^ ^^^ *° incorporate the Firemen's Life Insurance Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Peter C. Jones, John S. Tyler, Gardner G. 
Hubbard, their associates and successors, are hereby made 
a corporation, by the name of the Firemen's Life Insurance 
Company, to be located in the city of Boston, for the pur- 
pose of making insurance on lives of firemen and others, 
Powers.duties, with all the powcrs and privileges, and subject to all the 
duties, liabilities and restrictions, set forth in the thirty- 
seventh and forty-fourth chapters of the Revised Statutes. 

Sect. 2. There shall be an original guarantee capital 
stock, subscribed to the said corporation, which shall be 
one hundred thousand dollars ; to be divided into shares, by 
the corporation, half of which shall be paid in in money, 
before the said corporation shall go into operation, for the 
purpose of making insurance ; the other half of the said 
stock may be called for by the directors, from time to time, 
when they deem it necessary or expedient, and shall be paid 
in by the holders of the stock ; which shall always stand 
pledged to the corporation, for all such assessments so 
called for. 

Sect. 3. At the first meeting of the corporation, a num- 
ber of directors, not less than twelve, shall be chosen by 
the subscribers to the guarantee stock, who shall hold their 
ofhce for one year, and until others shall be chosen in their 
stead. At all subsequent elections of directors, the number 
shall be such as may have been provided for by a previous 
vote of the directors, or by-law of the corporation; and 
in case of no provision on this subject, the number shall be 
the same as at the first election, one-half of whom shall be 
elected by the subscribers to the guarantee stock, and the 
other half by the assured, not being holders of the guar- 
antee stock, voting in separate bodies. The directors shall 



&c. 



Guarantee cap 
ital. 



How paid. 



Choice of di- 
rectors. 



1854.— Chapter 280. 203 

all be either stockholders or assured ; and, in ceasing to be 
such, shall cease to hold the said office. 

Sect. 4. Whenever the net surplus receipts of the said Dividends. 
corporation, over the losses and expenses, and after pro- 
viding for risks, shall be sufficient for the purpose, the stock- 
holders shall be entitled to an annual dividend of seven per 
cent., or to such less dividend, as may be agreed on at the 
time of subscribing for the stock ; and in case of such div- 
idend not being made, in any one year, it shall be made 
good at a subsequent period, when the net resources of the 
company shall be sufficient for paying the same. 

Sect. 5. The funds of the said corporation, shall be Funds, how in- 
invested in such purchases and loans, as are permitted to ^'^^ ^ 
savings banks, in the seventy-eighth and seventy-ninth sec- 
tions of the thirty-sixth chapter of the Revised Statutes, 
and in the forty-fourth chapter of the acts of the year one 
thousand eight hundred and forty-one. The said company 
may hold real estate to the amount of ten thousand dollars, 
for the purpose of securing suitable offices for the institu- 
tion. 

Sect. 6. After providing for risks, losses, incidental ex- Surplus funds, 
penses and dividends, as aforesaid, the directors shall set °^^ ^^^ '^ " 
apart one-quarter of the estimated surplus funds and re- 
ceipts, as a reserved fund, to be applied to the redemption 
of the guarantee stock ; and whenever, after the expiration 
of ten years, from the time of organizing the company, the 
amount of such fund shall be sufficient for the purpose, and 
the assured shall vote to redeem the said guarantee stock, 
the same shall be redeemed. 

Sect. 7. Upon the redemption and extinction of the Directors, how 
guarantee stock, under the provision of the sixth section of ^ °^^"' 
this act, the directors shall be chosen by the assured. 

Sect. 8. At the expiration of every five years from the Remainder of 
time of the organization of the company, the remaining ^^^"^ ^^ 
three-quarters of the estimated surplus funds and receipts, 
shall be reimbursed to and among the assured, in propor- 
tion to the whole amount of premiums paid during the pre- 
ceding five years. 

Sect. 9. The said corporation shall, on the third Mon- One-third prof- 
day of January in each year, pay over to the trustees of '^^^^^ ' 
the Massachusetts General Hospital, one-third of the net 
profits, if any, which shall have arisen from insurance on 
lives, made during the preceding year. [Approved by the 
Governor, April 12, 1854.] 



204 1854.— Chapters 281, 282. 

Ghcf.p. 281 An Act to incorporate the Merrimack Steam Mills. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Warren Dockuni; JoliR B. Atwood, Tliomas At- 
wood, their associates and successors, are hereby made a cor- 
poration, by the name of the Merrimack Steam Mills, for the 
Purpose. purpose of manufacturing lumber, at Newburyport ; and for 
Privileges, lia- this purpose shall have all the powers and privileges, and 
1 1 les, 'c. i^g subject to all the duties, restrictions and liabilities, set 
forth in the thirty-eighth and forty-fourth chapters of the 
Revised Statutes. 
Real estate, Sect. 2. Said Corporation may, for the purpose afore- 

capUai, ' said, hold real estate not exceeding in value twenty-five 

^50,000. thousand dollars ; and the whole capital stock shall not ex- 

ceed fifty thousand dollars. 
No shares to Sect. 3. No sharcs in the capital stock of said corpora- 

DG ISSLlGCl 1.111" 

der par. tiou shall be issucd 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. \ Approved by the Governor, April 
12, 1854.] 

Ghap. ZoZ An Act to incorporate the Sagamore Hotel Company, in Lynn. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Corporators. ^^01. 1. Jamcs N. Buffuui, Moscs S. Breed, J. B. Lamper, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Proprietors of the Sagamore Hotel 
Purpose. Company, in Lynn, for the purpose of erecting a hotel in 

the city of Lynn, and maintaining the same, and the build- 
ings and appurtenances connected therewith ; and for those 
purposes, said corporation shall have all the powers and 
Powers, privi- privileges, and be subject to all the duties, liabilities and 
leges, &c. restrictions, set forth in the forty-fourth chapter of the 
Proviso. Revised Statutes : provided, however, that said corporation 

shall not carry on the business of hotel-keeping, or be in 
any way interested in said business. 
Hold real and Sect. 2. The wholc amouut of real and pcrsonal cstatc, 
persona es a e ^^ capital stock, whicli Said Corporation may hold, shall not 
exceed fifty thousand dollars : provided, however, that no 
No shares to sharcs in the capital stock of said corporation shall be 
^e^issue un er jgg^g^j f^j. g^ j^ggg ^^^ ^p amount, to be actually paid in on 



1854.— Chapters 283, 284. 205 

each, than the par value of the shares which shall be first 
issued. 

Sect. 3. This act shall take eflect from and after its 
passage. [Approved by the Governor , April 12, 1854.] 

An Act authorizing the County Commissioners of the County of Barnstable Chcip. 283 
to lay out a Highway and construct a Bridge over East Harbor. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The county commissioners of the county of ^"d?ein 
Barnstable are hereby authorized and empowered to lay 
out a highway and construct a bridge over East Harbor, so 
called, in the towns of Provincetown and Truro, in said 
county, at such place as the public necessity may require : 
provided, however, that the cost of constructing said high- Pio'^'iso- 
way and bridge shall be equally apportioned between said 
towns, except so much of said cost as shall be laid upon 
said county: s^ndi provided, further, that after said highway 
shall have been made and said bridge shall have been con- 
structed, the cost of maintaining and repairing the same 
shall be equall}^ borne by &aid towns. Said commissioners 
shall, in all respects, except as aforesaid, proceed as is now 
provided by law for laying out and constructing public high- 
ways. 

Sect. 2. Said highway shall be laid out, and said bridge when to be 
shall be constructed and opened for public use, Avithin two '^°™^ ^^^ 
years from the passage of this act. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, April 12, 1854. J 



An Act to incorporate the Boston Sewing Machine Company. Chap. 284 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the autho7'ity of 
the same, as follows : 

Sect. 1. William 0. Grover, 0. B. Potter, William E. Corporators. 
Baker, their associates and successors, are hereby made a 
corporation, by the name of the Boston Sewing Machine 
Company, for the purpose of manufacturing sewing machines 
and machinery, to be located in the city of Boston and 
county of Suffolk ; with all the powers and privileges, and Powers, duties, 
subject to all the duties, restrictions and liabilities, set forth 
in the thirty-eighth and forty-fourth chapters of the Revised 
Statutes. 



206 1854.— Chapters 285, 286. 

Hold real and Sect. 2. Said corporatioii may hold real and personal 
personal estate ggtate, neccssarj and convenient for the purposes aforesaid, 

not exceeding in amount two hundred and fifty thousand 
No shares to dollars: provided, Jiow ever, thsit no shares in the capital 
der par! ""^ 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. [Approved by the 

Governor, April 12, 1854.] 

G/lGp, 2oD An Act concerning the Alewive Fishery in Herring River, in the Town of 

Sandwich. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Indians may Sect. 1, The Herring Pond tribe of Indians shall be 
entitled to fish on the west bank of the river known as 
Herring River, in the town of Sandwich, in their ancient 
way, above the wear established on said river, to the land 
* belonging to the heirs of Nathan B. Gibbs, deceased, on 
those days prescribed by the selectmen of said town, agree- 
ably to an act passed on the twenty-seventh day of March, 
in the year one thousand eight hundred and thirty-four ; and 
also to receive from the town of Sandwich two barrels for 
each family, annually. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, April 12, 1854.] 

Chap. 286 An Act to authorize Railroad Companies to issue Bonds. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Railroad cor- Sect. 1. Any railroad corporation established by the 
Fs°suVbonds.^^ l^ws of tliis Commonwealth may issue bonds for the purpose 
of funding its floating debt, or for money which it may bor- 
Proviso. row for any purpose sanctioned by law: provided, however, 

that such corporation shall, by a majority of votes, at a 
meeting of its stockholders called for that purpose be 
authorized to issue the same ; and provided that the bonds 
so issued shall in no case exceed the amount of capital 
stock actually paid in by the stockholders of said company. 
jVot less than Sect. 2. Such bonds may be issued in sums of not less 
^ ^^'^ ■ than one hundred dollars each, payable at periods not ex- 
ceeding twenty years from the date thereof, and may bear 



1854.— Chapter 287. 207 

a rate of interest not exceedin,^ six per centum per annum, 
payable annually or semi-annually. 

Sect. 3. No railroad corporation, having issued any Mortgages to 
bonds under the provisions of this act, shall subsequently 
make or execute any mortgage upon its road, equipments 
and franchise, or any of its property, real or personal, with- 
out including in and securing by said mortgage all such 
bonds previously issued, and all other preexisting debts and 
liabilities of said corporation. 

Sect. 4. No such bond shall be issued by any railroad Bonds to be 
corporation unless approved by one or more of the finance ^ 
committee of said corporation, or some other person ap- 
pointed for that purpose, who shall certify that said bond 
is properly issued, and recorded upon the books of the 
corporation. 

Sect. 5. All bonds or notes which have been; or which ^^^ bonds coi- 

1 ^i 1 • -XI -IT ,• 1 11 lectable in law. 

may hereaiter be, issued by any railroad corporation, shall 
be binding and collectable in law, notwithstanding such 
notes or bonds were negotiated and sold by such corpora- 
tion, or their agents, at less than par. [App7^oved by the 
Governor, April 13, 1854.] 

An Act in relation to Commissioners of tlie Sinking Fund of the Nor- Chap. 287 
wich and Worcester Railroad Company. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The treasurer of the Commonwealth, and the Commissioners 
treasurer of the Norwich and Worcester Railroad Company, ° ^'° '°^ ^'^ 
for the time being, and one person to be appointed by the 
governor of the Commonwealth, shall be commissioners of 
the sinking fund, provided in and by virtue of the act of the 
legislature, passed March twenty-seventh, one thousand 
eight hundred and fifty-four, entitled " An Act to extend the 
time of the State loan to the Norwich and Worcester Rail- 
road Company." 

Sect.' 2. The said commissioners shall have the care Custody of 
and management of all the moneys, funds and securities, at ^^ ^' 
any time belonging to said sinking fund ; but the moneys 
uninvested, and all the securities of said fund, shall be in 
the custody of the treasurer of the Commonwealth. 

Sect. 3, Said commissioners shall, from time to time, Funds. how 
at their disci»etion, invest the moneys on hand, securely, and 
so that they shall be productive; and the same may be 



208 



1854.— Chapter 288. 



Proviso. 



Records and 
returns. 



loaned on interest to any county, city or town, or any bank 
of this Commonwealtli, or to any county or city of the State 
of Connecticut ; or they may be loaned on interest, well 
secured by mortgage of real estate, or by pledge of the 
scrip or stocks of the United States, or of the State of 
New York, or of any New England State, or of any cit- 
ies, counties or towns aforesaid, or of the stocks of any 
railroad corporation in this State, whose road is completed, 
and whose original capital is wholly paid in, and whose road 
and property are unincunibered, and whose debts do not 
exceed one-tenth part of their capital paid in : provided, 
however, that the amount loaned on mortgage, shall not ex- 
ceed one-half the value of the property mortgaged ; such 
property being subject to no prior mortgage. And said 
commissioners may invest a part, not exceeding one-third of 
said funds, in any of said state, county, town or city stocks, 
and they may sell and transfer any stock or securities be- 
longing to said fund. 

Sect. 4. Said commissioners shall keep a true record of 
all their proceedings ; they shall, annually, in the month of 
January, make a report to the legislature, setting forth their 
proceedings for the year preceding, the amount and condi- 
tion of said funds, and the income of the several parts 
thereof for the year; which records and securities, and 
the books of account belonging thereto, shall, at all times, 
be open to the inspection of the governor and council, or of 
any committee of the legislature ; and the said commission- 
ers shall receive for their services, the sum of one hundred 
dollars each, annually. [Approved by the Governor, April 
13, 1854.] 



Chap. 288 An Act to incorporate the East Sandwich Dyking Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Corporators. Sect. 1. Enoch Shovc, Samucl Nye, Joseph Hoxie, 3d, 

their associates and successors, proprietors of fresh and 

salt meadows, bordering on Scorton Creek, so Called, in 

the town of Sandwich, are hereby made a corporation, by 

the name of the East Sandwich Dyking Company ; with all 

Powers,duties, the powcrs and privileges, and subject to all the duties, re- 

*^- strictions and liabilities, set forth in the forty-fourth chapter 

Additional of thc Reviscd Statutes ; with authority to hold real and 

sonaWstate] personal estate, (in addition to the meadow enclosed,) to 

an amount not exceeding in value ten thousand dollars. 



1854.--CHAPTER 289. 209 

Sect. 2. Said corporation is hereby authorized to con- May construct 
struct a dyke across said creek, at or near the place where ^ ^^^^' *°" 
the county road crosses said creek, so as to prevent the 
flow of the salt water above the line of said dyke, for the 
purpose of draining the meadows there situate, and convert- 
ing the same into fresh meadow or tillage land ; and for 
the accomplishment of the purposes mentioned in this sec- 
tion, said corporation is hereby authorized to exercise all Exercise cer- 
the powers and privileges which are conferred upon com- ^^^" p"^^'^^^^" 
missioners appointed in pursuance of the provisions of the 
one hundred and fifteenth chapter of the Revised Statutes. 

Sect. 3. Said dyke shall be provided with a sufficient Water-course 
opening or gateway, to permit the waters accumulating ^°*^®''^p^°p^'^ 
above, to pass off when necessary or expedient. And said 
corporation shall have authority to raise the water above 
said dyke, for the purpose of creating a water-power, and May create 
shall be the exclusive proprietors of said water-power, with ^^ter-power. 
the sole right of directing, using, selling, or otherwise dis- 
posing of the same, as may be deemed expedient : provided, Proviso. 
however, that no interference of private rights is occasioned 
thereby. 

Sect. 4. Said corporation shall have the exclusive own- Ri^^t of fish- 
ership of any alewive or other fishery, created in conse- ery- 
quence of the location and construction of said dyke, 
together with the right of regulating such fisheries in said 
creek, above and below said dyke, to the sea, and within 
the boundaries of said meadows, and of taking such ale- 
wives and other fish therein, to their own exclusive use. 

Sect. 5. All persons who now are, or shall hereafter Members, 
become owners of land, to be aifected by said dyke, may 
become members of said corporation. 

Sect. 6. Any persons, owning lands injured by the con- Damages, how 
struction or maintenance of said dyke, may obtain compen- recovered, 
sation for such injury, in the manner provided in the one 
hundred and sixteenth chapter of the Eevised Statutes, for 
the compensation of persons whose lands may be injured 
by the erection of dams. [^Approved by the Governor, 
April 13, 1854.] 



An Act to incorporate the American Safety Brake Manufacturing Company. Hhn^^ 289 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Israel Whitney, Salem T. Lamb, Charles H. Corporators. 
Brown, their associates and successors, are hereby made a 
27 



210 1854.— Chapters 290, 291. 

corporation, by the name of the American Safety Brake 
Purpose. Manufacturing Company, for the purpose of manufacturing- 
car brakes and other machinery, in the counties of Sufiolk 
Duties, liabiii- and Middlesex ; with all the powers and privileges, and 
ties, &c. subject to all the duties, restrictions and liabilities, set forth 

in the thirty-eighth and forty-fourth chapters of the Revised 
Statutes, 
^eai estate, Sect. 2. Said Corporation may, for the purposes afore- 
capitai, ' said, hold real estate not exceeding in value one hundred 
^500,000. aj^(j Q^^ij thousand dollars, and the whole capital stock shall 
not exceed five hundred thousand dollars, and shall be di- 
vided into equal shares of one hundred dollars each. 
No shares to Sect. 3. No sharcs in the capital stock of said corpora- 
der pin "'^ tion shall be issued for a less sum or amount, to be actually 
paid in on each, than the par value of the shares first 
issued. 

Sect. 4. This act shall take cfl'ect from and after its 
passage. [Approved by the Governo?^, April 13, 1854.] 



Chap. 290 An Act to establish a Fire Department in the Town of South Reading. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as foUoics : 

A fire department is hereby established in the town of 
South Reading ; subject to all the duties, restrictions and 
liabilities, and with all the powers and privileges set forth 
and contained in an act entitled *' An Act to regulate Fire 
Departments," passed on the ninth day of April, in the year 
one thousand eight hundred and thirty-nine, and in all sub- 
sequent acts relating to fire departments. [Approved by 
the Governor, April 13, 1854.] 

Chap. 291 An Act to incorporate the Somerville Gas Light Company. 

Beit enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Augustus R. Pope, James M. Shute, Enoch 
Robinson, their associates and successors, are hereby made 
a corporation, by the name of the Somerville Gas Light 
Company, for the purpose of manufacturing and selling gas, 
in the town of Somerville ; with all the powers and privi- 
leges, and subject to all the duties, restrictions and liabili- 
ties, set forth in the thirty-eighth and forty-fourth chapters 
of the Revised Statutes. 



1854.— Chapter 292. 211 

Sect. 2. Said corporation may, for the purpose afore- Real estate, 
said, hold real estate, not exceeding in value forty thousand fapitai, ' 
dollars, and the whole capital stock shall not exceed one ^i50,ooo. 
hundred and fifty thousand dollars. 

Sect. 3. Said corporation, with the consent of the ^^^y open the 
selectmen of the town of Somerville, shall have the power pipes" &c^^ 
and authority to open the grounds, in any part of the streets, 
lanes and highways, in said town, for the purpose of sink- 
ing and repairing such pipes and conductors as it may be 
necessary to sink for the purpose aforesaid ; and the said 
corporation, after opening the grounds 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, however, that 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, aflFect the health, safety or convenience of the 
inhabitants of said town. 

Sect. 4. No shares in the capital stock of said corpora- ^\,^'^^',^^ ^° 
tion shall be issued for a less sum or amount, to be actually der par. 
paid in on each, than the par value of the shares which 
shall first be issued. [^Approved by the Governor, April 13, 
1854.] 



An Act to incorporate the Atlantic Mutual Fire and Marine Insurance CtlCip. 292 

Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Jonathan Nickerson, Samuel Soper, John Adams, their Corporators, 
associates and successors, are hereby made a corporation, 
by the name of the Atlantic Mutual Fire and Marine Insu- 
rance Company, to be established in Provincetown, for the 
term of twenty-eight years, for the purpose of making in- Duration, 
surance on the mutual principle, against losses by fire, and 
also, against maritime losses ; with all the powers and priv- Powcrs.duties, 
ileges, and subject to all the duties, restrictions and liabili- 
ties, set forth in the thirty-seventh and forty-fourth chapters 
of the Revised Statutes, and in all statutes which have since 
been passed, or which may hereafter be passed, relating to 
mutual fire and marine insurance companies. [Approved by 
the Governor, April 13, 1854.] 



212 



1854.— Chapters 293, 294, 295. 



Fishing limits 
prescribed. 



iyhnp. Za'o An Act concerning Seine Fishing in the Harbor of New Bedford. 

Be it enacted by the Senate and House of Reprcsenta- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Instead of the limits prescribed in the act of 
April twentieth, one thousand eight hundred and forty-nine, 
for the use of any seine or net in the harbors of New Bed- 
ford and Fairhaven, the following limits are hereby pre- 
scribed, namely : from a point called Butler's Rock, on New 
Bedford shore, to the beacon on Egg Island ; thence on a 
course, north-east by east, to the Fairhaven shore ; and so 
much of the above-mentioned act as authorizes seining for 
menhaden, and all other parts thereof inconsistent with the 
provisions of this act, are hereby repealed. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, April 13, 1854.] 



Inconsistent 
act repealed. 



Chap. 294 



Removal of 
sea-weed, &c. 



Penalty. 



An Act concerning Beaches in the Town of Nahant. 

Be it enacted by the Senate and Honse of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. No person shall carry away or remove, by land 
or water, any sea-weed, sand, stones, gravel or mud, from 
either of the beaches called Long Beach or Little Beach, 
in the town of Nahant, without permission first obtained 
from the selectmen of said town of Nahant, or from some 
person or persons duly authorized, by the selectmen of said 
town, to grant such permission. 

Sect. 2. Any person who shall offend against any of the 
provisions of this act, shall forfeit and pay, for each offence, 
a sum not exceeding twenty dollars, to be recovered by 
complaint or indictment, in any court of competent juris- 
diction; one-half for the use of the complainant, the other 
half for the use of said town of Nahant. 

Sect. 3. This act shall take effect from and after its pas- 
sage. {^Approved by the Governor, April 13, 1854.] 



Chap. 295 ^" -^^^ relating to the Unlawful Use of Private Property. 

Be it enacted by the Senate and Honse of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Unlawful tak- Every person who shall, wilfully and without right, take, 
ingo animas. ^^.^^ ^^ ^.^^ away any liorse, ass, mule or other draught 



1854— Chapter 296. 213 

animal, the property of another, which may be left in any 
way, street, court, lane or alley, or under any shed in this 
Commonwealth, without the consent of the owner or other 
person having the legal custody, care or control of the same, 
shall be deemed to be guilty of a misdemeanor, and shall 
be punished by fine not less than five dollars, nor more than 
three hundred dollars, or by imprisonment in the house of 
correction for a term not exceeding six months : provided, Proviso. 
however, that nothing in this act shall be so construed as 
to apply to any case where the taking of the property of 
another is with the intent to steal the same. [Approved by 
the Goverfior, April 13, 1854.] 



An Act to aid the Erection of a Monument commemoralive of the Chap. 296 
Declaration of American Independence. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. For the purpose of uniting with the others of Trustees ap- 
the thirteen original States in the necessary measures for P"^"*^^*^- 
the construction and maintenance, in the public square ad- 
joining Independence Hall, in the city of Philadelphia, of a 
monument to commemorate the Declaration of American 
Independence, the governor is hereby authorized to appoint, 
with the consent of the council, a suitable person to be a 
trustee or agent, to represent this Commonwealth in the 
board of trustees that may be appointed by the said States 
respectively, for the same purpose, with the like powers. 
It will be the duty of the said board of trustees, when nine Duty, 
or more shall have been appointed by as many of the said 
thirteen States, to determine the design, plan, materials 
and expense of the said monument, and to prepare a state- 
ment exhibiting the proportion to be contributed by each of 
the original thirteen States to defray the said expense, 
assuming as a rule for said proportion the numerical repre- 
sentation at this time of each such State in the house of 
representatives of the congress of the United States, and 
the periods when, in their judgment, the instalments of the 
said contributions will be required. In determining the 
said design, an appropriate place on the exterior of such 
monument shall be provided for each contributing State, to 
contain such inscription as the State shall direct, commemo- 
rative of some citizen or citizens of her own who took part 
in the responsibility of the declaration of the independence 



214 1854.— Chapter 296. 

To report de- of the Said States. The said trustees are to report to such 
sign, plan, &c. ^^ ^^^ States represented by them, with all reasonable ex- 
pedition, the design, plan and expense of said monument as 
proposed by them, and the said statement of proportionate 
contributions. When the said States Shall have made pro- 
visions for contributing their respective quotas of the said 
expense, the said board of trustees shall be authorized to 
proceed and construct the said monument and a sufficient 
railing around the same, and shall receive and expend the 
moneys appropriated for that purpose by the different 
States. They will appoint the necessary superintendents 
and agents, and may authorize a committee of their board 
To render ac- to rcccivc and take charge of all moneys contributed. When 
the said monument shall be finished, the board of trustees 
shall render an account to their respective States of the 
moneys received and expended by them, or under their 
direction, which shall be verified by the oaths of the prin- 
cipal, superintendent, and one or more of the financial com- 
mittee of the board, and shall be certified by the mayor of 
the city of Philadelphia, and the presidents of the select 
and common councils of the said city, or any two of them, 
to have been compared with the original vouchers and en- 
tries, and found correct. 
Term of office. Sect. 2. The pcrson so appointed trustee shall hold 
and exercise said trust during the pleasure of the governor, 
and in case of vacancy by death, resignation, or otherwise, 
the governor, with the consent of the council, shall appoint 
successors, from time to time, as occasion may require. No 
part of the fund contributed by the State shall be applied 
to compensate any trustee for his services, but the actual 
Expense, how expcuscs of the trustcc appointed on the part of this Corn- 
defrayed, monwealth shall be defrayed out of the treasury thereof. 
This state's Sect. 3. Upou receiving the report of the board of 
ho^paid."' trustees of the design, plan, material, and expense of said 
monument, and an estimate of the proportion to be contrib- 
uted by this Commonwealth as herein provided, the legis- 
lature will make provision for the payment of the same in 
such instalments as the said board of trustees shall have 
declared to be necessary. 

Sect. 4. This act shall take eff"ect from and after its 
passage. [Approved by the Governor, April 13, 1854.] 



1854.— Chapter 297. 215 

An Act to incorporate the Charlestown Water Works. Chap. 297 

Be it e?iacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. George's. Adams, Gardiner G. Hubbard, Mo- Corporators, 
ses M. Rice, their associates and successors, are hereby 
made a corporation, by the name of the Charlestown Water 
Works, for the purpose of supplying the inhabitants of the Purpose, 
city of Charlestown with water ; with all the powers and Powers.duties, 
privileges, and subject to all the duties, liabilities and re- '^' 
strictions, contained in the forty-fourth chapter of the 
Revised Statutes. 

Sect. 2. The capital stock of said company shall not Capital, 

■ • • i?500 000 • 

exceed five hundred thousand dollars, to be divided into feai estate, 
shares of one hundred dollars each; they may purchase and ^200,000. 
hold any lands necessary and convenient for the purpose of 
this act, not exceeding in value, two hundred thousand dol- 
lars. 

Sect, 3. The said corporation is hereby authorized and J^iay lay pipes, 
empowered, to lay its pipes under any railroad, street, high- &c. ' 

way and private way, with the consent of the owners there- 
of: provided, always, that the same be done in such a man- 
ner as not to obstruct or impede the passing thereof And 
they shall be held to put the same into repair, under the pen- 
alty of being prosecuted for a nuisance : provided, however. Proviso, 
that the mayor and aldermen of any city, or the selectmen 
of any town, for the time being, through which said pipes may 
pass, shall, at all times, have the power to regulate, restrict 
and control, the acts and doings of said corporation, which 
may, in any manner, affect the safety or convenience of the 
inhabitants of said city or town. Said corporation having Consent to be 
first obtained the consent of any railroad, city or town, ^^^° ^^^^^ " 
under or through which they may pass. 

Sect. 4. Said corporation is hereby empowered to sell May sell right, 
the right of using the water which may be conducted through 
their pipes, to any corporation, person or persons, on the 
line of their pipes. 

Sect. 5. The city of Charlestown shall have a right, in City may sub- 

scriDG or lo^n 

common with others, to subscribe for any portion of the &c. ' 

capital stock, or to loan money to said corporation, the vote 

of the citizens assenting thereto having first been given, at 

ward meetings called for that purpose. They may, at any 

time, purchase the franchise of this corporation, and all 

their corporate property, at such price as may be agreed 



216 1854.— Chapters 298, 299. 

upon between the parties ; and in case of disagreement, the 
supreme judicial court, upon application by either party, 
may appoint commissioners to settle such disagreement. 

Sect. 6. This act shall take eifect from and after its 
passage. [Appi'oved by the Governor, April 13, 1854.] 

Chap. 298 An Act to increase the Capital Stock of the Saunders Cotton Mills. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. The Saunders Cotton Mills is hereby autho- 
rized to increase its capital stock, by an amount not ex- 
ceeding one hundred and fifty thousand dollars : provided, 
however, that no shares shall be issued by said corporation, 
for a less sum or amount, to be actually paid in on each, 
than the par value of the shares first issued. 

Sect. 2. This act shall take eifect from and after its 
passage. {^Approved by the Gover?ior, April 13, 1854.] 

Chap. 299 An Act to incorporate the Seaside Cottage Hotel Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. James Haskcll, Moses Kimball, William E. P. 
Haskell, their associates and successors, are hereby made a 
corporation, by the name of the Proprietors of the Seaside 

Purpose. Cottage Hotel, for the purpose of erecting a hotel, in the 

town of Rockport, and maintaining such public house and 
the buildings, appurtenances and improvements connected 

Powers, duties, therewith; with all the powers and privileges, and subject 
to all tlie duties, restrictions and liabilities, set forth in 

Proviso. the forty-fourth chapter of the Revised Statutes : provided, 

however, that said corporation shall not carry on the busi- 
ness of hotel-keeping. 

Hold real and Sect. 2. The wholc amouut of real and personal estate, 

persona estate ^^ capital stock, wliich Said Corporation may hold, for the 
purposes aforesaid, shall not exceed fifty thousand dollars 

No shares to in valuc : provided, hoivever, that no shares in the capital 

beissued under g^Qg]^ Qf gQ^y^ 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. [Appj^oved by the 
Governor. April 13. 1854.] 



1854.— Chapter 300. 217 

An Act providing' for the Increase of the Massachusetts School Fund, and C/iaj). oOO 
for the Disposition of its Income. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The treasurer of the Common-wealth shall, i°,ci"ease of 

1 Tir ' school fund. 

upon the passage of this act, traDsier to the Massachusetts 
School Fund, such a number of shares held by the Common- 
wealth in the Western Railroad Corporation, as will, at the 
rate of one hundred dollars a share, increase the principal 
of said fund to the amount of one million five hundred thou- 
sand dollars. 

Sect. 2. One-half of the annual income of said fund One-haif in- 
shall be apportioned and distributed for the use and sup- men schools, 
port of common schools, in the manner, according to the 
provisions, and under the restrictions, now provided by law 
for the apportionment and distribution of the income of said 
fund. 

Sect. 3. All sums of money which shall hereafter be Appropria- 

T /•xii 1-xi? • ±' 1 tions chareea- 

drawn from the treasury by virtue oi appropriations made bie to the other 
or to be made for educational purposes, shall, except in ^^i*"- 
cases in which the appropriation made by any act hereafter 
passed shall be otherwise provided for therein, be charge- 
able to and paid from the other half of the annual income 
of said fund : provided, however, that if the same shall be Proviso, 
insufficient therefor, the excess of such appropriations in 
any year shall be paid from any moneys in the treasury not 
otherwise appropriated. And in case said half of said 
annual income shall in any year exceed the sums so drawn 
from the treasury in such year, the surplus shall be carried 
to the account of the principal of said fund, and added 
thereto, until said principal shall amount to the sum of two 
millions of dollars. 

Sect. 4. No sums of money hereafter drawn from the ^° sums to be 

•^ CD.3.rffC&blG to 

treasury shall be chargeable to the principal of said fund, principal. 

Sect. 5. All acts and parts of acts inconsistent with the inconsistent 
provisions of this act are hereby repealed. [Approved by ^^ "^^^ ^ 
the Governor, April 13, 1854.] 

28 



218 1854.— Chapters 301, 302. 

Chap. 801 An Act in addition to An Act to incorporate the Medford Lyceum and 

Library Association. 

Be it enacted by the Senate mid House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Nameciuinged Sect. 1. TliG Corporation now known by the name of 
the Medford Lyceum and Library Association, shall be here- 
after called and known by the name of the West Medford 
Lyceum and Library Association ; said corporation to have 

Powers, duties, all the powcrs and privileges, and to be subject to all the 
duties, liabilities and restrictions, contained in the act to 
which this is in addition. 

Sect. 2. This act shall take effect from and after its 
passage. \^Approved by the Governor, April 13, 1854.] 



Chap. 302 An Act in relation to Visiting at the State Prison. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Visitors to Sect. 1. No pcrsous othcr than the executive govern- 

have p^eVmit. ment of the Commonwealth, members of the legislature, or 
officers of justice, or other persons having business at the 
State Prison, shall be allowed to visit the same without a 
special permit from one of the inspectors or the warden of 
said prison. 

Warden to Sect. 2. The Warden shall cause a register to be kept 

° of the names and residences of all persons so visiting, and 

of the authority by which they visit ; and said register shall, 
at all times, be open to the inspectors. 

May refuse ad- Sect. 3. The warden may refuse admission to any per- 
son having a permit, when it may appear that such visit 
would be injurious to the best interests of the prison ; but 
he shall report such refusal to the inspectors, at their 
monthly meeting next after such refusal. 

Inconsistent Sect. 4. All acts and parts of acts inconsistent with 
this act, are hereby repealed. \ Approved by the Governor, 
April 13, 1854.] 



mission. 



acts repealed. 



1854.— Chapter 303. 219 

An Act to incorporate the Plymouth and Wareham Raihoad Company. Chap. 303 

Be it enacted by the Senate and House of RepreseJita- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Nathaniel Russell, Eleazer C. Sherman, William Corporators. 
S. Davis, their associates and successors, are hereby made 
a corporation, bj the name of the Plymouth and Wareham 
Railroad Company, with all the powers and privileges, and P'^*^®^' ^'^"^^^^^ 
subject to all the duties, restrictions and liabilities, con- 
tained in the forty-fourth chapter of the Revised Statutes, 
and in that part of the thirty-ninth chapter of said statutes, 
which relates to railroad corporations, and to all other gen- 
eral laws that have been or may be hereafter passed, rela- 
tive to railroad corporations. 

Sect. 2. Said corporation is hereby authorized and em- Location. 
powered, to locate, construct and maintain a railroad, with 
one or more tracks, commencing at a point in the town of 
Plymouth, at or near the depot of the Old Colony Railroad 
Company, thence running in a southerly and westerly direc- 
tion through the towns of Plymouth and Carver, to a point 
in the town of Wareham, near the Tremont Iron Works, 
and easterly of the Cape Cod Branch Railroad. 

Sect. 3. The capital stock of said company shall be oX^qqq*"'^''' 
not more than three hundred thousand dollars, and shall be in shares'of 
divided into three thousand equal shares; and no assess- ^^oo each, 
ment shall be levied thereon, of a greater amount than one 
hundred dollars on each share, and no shares in the capital 
stock of said company 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 first be issued. 

Sect. 4. Said company are hereby authorized, to enter May unite with 
upon and unite their railroad Avith the railroad of the Old RaHroad." °°^ 
Colony Railroad Company, at the terminus of said road in 
Plymouth, and use said railroad of the Old Colony Railroad 
Company, according to the provisions of law. 

Sect. 5. Said company may, with the consent of the May unite with 
Cape Cod Branch Railroad Company, enter upon, unite with, BranchR. R° 
and use the railroad of said company, on such terms as 
may be fixed by agreement. 

Sect. 6. Said company may lease or sell their franchise May lease or 
and property, to either of the companies herein named. ^® ' 

Sect. 7. This act shall be void, if the location of the Location and 
road herein authorized shall not be filed within two years, "^""^^ 
with the county commissioners of the county of Plymouth, 



220 1854.— Chapters 304, 305. 

or if said road shall not be completed within three years 
after the passage of this act. 

Sect. 8. This act shall take eiGfect from and after its 
passage. [App7'oved by the Governor, April 14, 1854.] 

Chap. 304 An Act to incorporate the Proprietors of the Quinsigaraond House, 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Corporators. Sect. l." Samuel Davis, William T. Merrifield, Joseph 
Mason, their associates and successors, are hereby made a 
corporation, by the name of the Proprietors of the Quinsig- 
Purpose. amond House, for the purpose of erecting a hotel or board- 

ing-house, in the city of Worcester, and maintaining the 
same, and the buildings, and appurtenances connected there- 
Powers, duties, -^i^i^ • y^\\\^ all the powcrs and privileges, and subject to all 
the duties, restrictions and liabilities, set forth in the forty- 
Proviso, fourth chapter of the Revised Statutes : provided, hoicever, 
that said corporation shall not carry on the business of 
hotel or boarding-house keeping. 
Hold real and Sect. 2. Said corporation may hold, for the purposes 
personal estate g^fQ^ggg^j^^ Pg^l and pcrsoual cstatc, uot cxcccding one hun- 
dred and fifty thousand dollars in value ; and the whole 
capital stock of said corporation shall not exceed said sum : 
No shares io provided, however, that no shares in the capital stock of 
der^^ar^*^ ^^' ^^id 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. 

Sect. 3. This act shall take effect from and after its 
passage. [Appi^oved by the Governor, April 14, 1854.] 



Chap. 305 An Act to incorporate the Mendelssohn Choral Society. 

Be it enacted by the Senate and House of Representa- 
tives, in General Coiwt assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. B. F. Edmands, William Rogers, John D. W. 

Joy, their associates and successors, are hereby made a 

corporation, by the name of the Mendelssohn Choral So- 

Purpose. ciety, in Boston, for the purpose of the cultivation of vocal 

Powers, privi- music ] with all the powers and privileges, and subject to 

leges, &c. j^ii ^YiQ duties, liabilities and restrictions, set forth in the 

forty-fourth chapter of the Revised Statutes. 



1854.— Chapters 306, 307. 221 

Sect. 2. The said corporation may hold real and per- Hold real and 
sonal estate, necessary and convenient for the purposes p^"^®"^^ ^^*^^^ 
aforesaid; to an amount not exceeding twenty thousand 
dollars. [App?'oved by the Governor, April 15, 1854.] 

An Act to incorporate the American Composite Marble Company. G/wj). 306 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. George Odiorne, George F. Williams, Francis Corporators. 
Brinley, their associates and successors, are hereby made a 
corporation, by the name of the American Composite Marble 
Company, to be located in Sufiblk County, for the purpose Purpose, 
of manufacturing marble, composed in part of lime and 
other materials, together mth all machinery necessary 
therefor, and using, improving, -working or disposing of the 
same ; with all the powers and privileges, and subject to all ^°^s"&c^"^'" 
the duties, restrictions and liabilities, set forth in the thirty- 
eighth and forty-fourth chapters of the Revised Statutes. 

Sect. 2. The value of the real estate of said corpora- ^^^J ^^tate, 
tion shall not exceed one hundred thousand dollars, and the capit'ai, 
whole capital stock shall not exceed three hundred thou- S300,ooo. 
sand dollars. 

Sect. 3. No shares in the capital stock of said corpora- No shares to 
tion shall be issued for a less sum or amount, to be actually ^er par. 
paid in on each, than the par value of the shares first 
issued. 

Sect. 4. This act shall take effect from and after its pas- 
sage. [App7'oved by the Governor, April 15, 1854.] 

An Act concerning the Publication of the Condition of Banks. Cliai). 307 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloics : 

Sect. 1. In addition to the returns now required by Banks in Bos- 
law to be made to the secretary of the Commonwealth, turns' ^e^ekly^' 
each bank, established and doing business in Boston, shall, 
on every Monday morning, transmit to the secretary of the 
Commonwealth, a statement, under the oath of the president 
or cashier, which shall embrace the following particulars, 
viz. : amount of capital stock, and the average auioimt of 
loans and discounts, specie actually in the bank, amount due 
from other banks, amoimt due to other banks, deposit, and 
circulation, for the several days of the week next preceding 
said Monday. 



222 



1854.— Chapter 307. 



Statement to 
be published. 



Banks out of 
Boston to 
make returns 
monthly. 



Statement to 
be published. 



Expenses of 
publication. 



Penalty for 
neglect, iVc. 



Blank forms to 
be furnished. 



Whfn to t;tkc 
effect. 



Sect. 2. On the Wednesday next after the Monday 
aforesaid, the secretary of the Commonwealth shall cause 
to be published, in one or more of the Boston daily papers, 
to be selected by him, a summary statement of the condition 
of said banks, for the week aforesaid, to be taken from the 
returns provided for in the first section. 

Sect. 3. In addition to the returns now required by 
law to be made to the secretary of the Commonwealth, each 
bank, established and doing business in Massachusetts, and 
out of Boston, shall, on the first Monday of each month, 
transmit to the secretary of the Commonwealth, a state- 
ment, under the oath of the president or cashier, based on 
the condition of said bank on each Saturday of the month 
next preceding the Monday aforesaid ; and said statement 
shall include each Saturday not included in any other pre- 
ceding return under this act, and shall consist of the follow- 
ing particulars, viz. : the capital stock of the bank, average 
amount of loans and discounts, specie actually in the banks, 
amount due from other banks, amount due to other banks, 
deposits, and circulation for the several Saturdays embraced 
in the return. 

Sect. 4. The secretary of the Commonwealth, as soon 
as may be, after the receipt of the returns provided for in 
the third section, shall cause a summary statement, taken 
from said returns, to be published in the same manner as is 
provided for in regard to the Boston banks. 

Sect. 5. The secretary, in selecting the newspapers, as 
provided for in the first section of this act, shall have regard 
to prices at which offers may be made, to make the required 
publication; and the expenses of said publication, when 
approved by the governor and council, shall be paid out of 
the treasury of the Commonwealth, and the governor is 
hereby authorized to draw his warrant accordingly. 

Sect. 6. Every bank neglecting to comply with the pro- 
visions of the foregoing sections of this act, shall forfeit to 
the use of the Commonwealth, to be recovered by the 
treasurer thereof, five hundred dollars for each and every 
neglect. 

Sect. 7. The secretary shall prepare and transmit to 
each bank in the Commonwealth, a blank form for the re- 
turns required by this act, and said bank shall adopt said 
form, in making the returns. 

Sect. 8. This act shall take effect on the first day of 
June next. [Approved by the Governor, April 15, 1854.] 



1854.— Chapters 308, 309, 310. 223 

An Act establishing the Salary of the Governor of the Commonwealth. Chap. 308 

Be it enacted by the Senate a7id House of Representa- 
tives, in General Court asseinhled, and hy the authority of 
the same, as folloios : 

Sect. 1. The governor of tlie Commonwealth shall re- Salary estab- 
ceive for his services, an annual salaiy of thirty-five hundred 
dollars. 

Sect. 2. The said salary shall be paid in quarterly pay- How paid. 
ments, out of the treasury of the Commonwealth, on the 
first days of January, April, July, and October, in every 
year, and in the same proportion for any part of a quarter. 

Sect. 3. All laws inconsistent with the provisions of inconsistent 

,,.,,, ■, -. acts repealed. 

this act, are hereby repealed. 

Sect. 4. The salary of the present political year shall 
be in accordance with the provisions of this act. {Ap- 
proved hy the Governor, April 15, 1854.] 

An Act concerning the Returns of Banks, made on the requisition of Chap. 309 

the Governor. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assemhled, and hy the authority of 
the same, as follows : 

The annual returns that each bank is now required, by Returns made 
law, to make to the secretary of the Commonwealth, show- may direct, 
ing the condition of the bank on the first Saturday of such 
preceding month as the governor shall direct, shall here- 
after be made, showing the condition of each bank at seven 
o'clock in the afternoon of any Saturday that the governor 
shall designate : provided, however, that no distinction be- Pro>:iso. 
tween bills of five dollars and upwards and smaller bills 
shall be required, and none between bills of banks in this 
State, and bills of the banks of the other New England 
States. {Approved hy the Governor, April 15, 1854.] 

An Act in addition to An Act to incorporate the Saugus Branch Rail- Chap. 310 
road Company. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assemhled, and hy the authority of 
the sarnie, as folloivs : 

Sect. 1. The Eastern Railroad Company are hereby Exte^jon of 
authorized to construct and maintain a railroad, commencing 
at a point in the line of the Saugus Brancli Railroad, dis- 



224 1854.— Chapters 311, 312. 

tant about twentj^-five hundred feet from the junction of the 
Saugus Branch Railroad with the Boston and Maine Rail- 
road, to the Grand Junction and Eastern Railroads, in South 
Maiden ; such extension being located westerly of the Bury- 
ing-Ground and Main Street in said Maiden. 
When filed and Sect. 2. If the locatiou of sald extension is not filed 
comp e e . -^^jthiu ouc year, and if the same is not constructed within 
two years from the passage of this act, the same shall be 
void. [Approved by the Governor, April 15, 1854,] 

Chap. '^11 An Act for the Protection of the Cranberry Vines on the Province 

lands, in Provincetown. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Penalty for de- Sect. 1. If any pcrsou shall pull up, remove or destroy, 
be'rry'vfne"'^"" any of the crauberry vines, the natural growth on the un- 
enclosed Province lands, in the town of Provincetown, in 
the county of Barnstable, he shall pay the sum of five dol- 
lars for the first offence, and the sum of ten dollars for 
every subsequent offence. And if any person shall pick 
any cranberries, growing as aforesaid, before the fifth day of 
October, in any year, he shall pay, for each and every such 
offence, the sum of two dollars, each of which fines may be 
How recovered recovered, by complaint made to any justice of the peace 
for said county. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, April 15, 1854.] 

Chap. 312 An Act to establish a Police Court in the Town of Plymouth. 

Be it enacted by the Senate and House of Represeiita- 
iives, in General Court assembled, and by the authority of 
the same, as follows : 

Police Court Sect. 1. A Police Court is hereby established in the 
established, ^q^^ ^f Plymouth, in the county of Plymouth, to consist of 
one competent and discreet person, to be appointed and 
commissioned by the governor, pursuant to the constitution, 
as standing justice, 
juiisdiction. Sect. 2. The sald court shall have original jurisdiction, 
and jurisdiction exclusive of other justices of the peace in 
the county of Plymouth, over all crimes, offences, and mis- 
demeanors committed within the said town of Plymouth 
whereof justices of the peace now have, or may have, juris- 



1854.— Chapter 312. 225 

diction ; also of all suits and actions "which may now, or at 
any time hereafter, be heard, tried and determined, before 
any justice of the peace in the county of Plymouth, -whenever 
all the parties shall reside in the town of Plymouth, and ser- 
vice of the writ is had on the defendant in said county. The 
said court shall have original and concurrent jurisdiction, 
with justices of the peace in said county of Plymouth, over all 
crimes, offences and misdemeanors whereof justices of the 
peace within the county of Plymouth now have, or may have, 
jurisdiction ; also of all suits and actions within the juris- 
diction of any justice of the peace within the county of 
Plymouth. 

Sect. 3. An appeal shall be allowed from all judgments Appeal ai- 
of said police court, in like manner and to the same extent 
that appeals are now allowed by law from judgments of 
justices of the peace ; and the justice of the said police 
court shall not be of counsel to any party in any cause which 
may be pending in said court. 

Sect. 4. All fines and forfeitures, and all costs in crim- Fines costs, 
inal prosecutions, which shall be received by or paid into posed of. 
the hands of the justice of said court, shall be by him ac- 
counted for and paid over to the same persons, in the same 
manner, and under the same penalties, as are by law pre- 
scribed in the case of justices of the peace. All costs in 
such prosecutions not thus received shall be made up, taxed, 
certified and allowed, and shall be paid in like manner as is 
provided by law in cases of justices of the peace. 

Sect. 5. The justice of said court shall retain to his what fees 
own use all fees by him received, or which now accrue to retain ™^^ 
justices of the peace, in civil actions and criminal prosecu- 
tions, in full compensation for all services assigned to him 
by the provisions of this act : provided, hotoever, that he 
shall not retain for his services in criminal prosecutions a 
sum exceeding three hundred dollars annually, but shall pay 
over to the county treasurer all fees received by him in 
criminal prosecutions, over and above that sum. 

Sect. 6. A court shall be held by said justice at some Court how of- 
suitable place in said town of Plymouth, to be provided at^^'^ ^° beheld, 
the expense of the said justice, on two several days of each 
week, at nine of the clock in the forenoon, and as much 
oftener as may be necessary, to take cognizance of crimes, 
offences and misdemeanors, and on two several days in each 
month, to be appointed and made known by said justice, for 
the trial of civil suits and actions. The justice of said 
court may adjourn said court as justices of the peace may 
29 



226 1854.— Chapter 312. 

now adjourn the same hearings or trials, and he shall, from 
time to time, establish all necessary rules for the orderly 
and uniform conducting of the business thereof. 

Shall keep a Sect. 7. The justice of said court shall keep a fair 

make^^etuin? I'Gcord of all proceedings in said court, and shall make 
return to the several courts of all legal processes, and of 
his doings therein, in the same manner as justices of the 
peace are now by law required to do ; and he shall also, 
annually, in the month of January, exhibit to the selectmen 
of the said town of Plymouth a true and faithful statement 
of money actually received by him as fees, and all charges 
and fees which are outstanding and claimed to be due to 
him at the date of such exhibit. 

One special Sect. 8. There shall be appointed by the governor, by 

^"' ' ■ and with the advice and consent of the council, one special 

justice of said court, who shall have power, in case of the 
absence, sickness, interest, or any other disability of the 
standing justice, to issue the processes of said court, to 
hear and determine any matter or cause pending, and to 
exercise all the powers of the standing justice until such 
disability shall be removed. The said special justice shall 
be paid for the services by him performed, out of the fees 
received in said court, such sum as the standing justice 
would be entitled to for the same services. 

Pending suits. Sect. 9. All suits, actious and prosecutions, which shall 
. be pending within the said town of Plymouth, before any 
justice of the peace, when this act shall take effect, shall be 
heard and determined as though this act had not passed. 

Appointment Sect. 10. The govcrnor shall have power, by and with 
the advice and consent of the council, to appoint said stand- 
ing and special justice at any time after receiving notice of 
the adoption of this act by the town of Plymouth, as herein- 
after mentioned. 

Act void, un- Sect. 11. This act shall be void unless the inhabitants 

iGSS flCCGDtPfl 

by written Tote of the town of Plymouth, at a legal town meeting called for 
that purpose, shall, by a written vote, determine to adopt 
the same within sixty days from the passage of this act; 
and it shall be the duty of the selectmen and town clerk of 
said town of Plymouth to certify that fact to his excellency 
the governor, if the town should so vote to accept this act. 
[Approved by the Governor, April 15, 1854.] 



1854.— Chapters 313, 314. 227 

An Act to authorize the City of New Bedford to lay out a Street. iykap. o\o 

Be it enacted hy the Senate and House of Represe7ita- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Sect. 1. The proper authorities of the city of New Bed- city may lay 

out str66t 

ford are hereby authorized to lay out South Second Street, 
in said city, in manner provided by law for laying out streets 
and ways, as a public street, forty feet wide, and in the 
general direction of said street, from Russell Street to 
South Street, over the south-west corner of the Old South 
Burial Ground, so called. 

Sect. 2. Said city, after giving ninety days' notice, in To give notice 
two newspapers published in said city, to all relatives and mainsr&c" '^'^' 
friends of those whose remains may be removed, shall, at 
its own expense, and before said street shall be opened for 
public travel, remove the remains of the dead in that part 
of said burial ground over which said street shall be laid, 
to some other part of said ground, or to such suitable lots, 
to be furnished by said city, in any cemetery in said city, as 
the said relatives may select, and cause the same to be 
buried, under the direction of such friends and relatives. 

Sect. 3. The said city shall, forever hereafter, maintain Shall maintain 
all fences around said burial ground to the acceptance of ^^^^'=^^' '^''• 
the trustees of said ground; but nothing in this act con- 
tained, shall be construed as in any degree impairing the 
title of the proprietors of said ground to the part not 
taken for said street. \^Approved hy the Governor, April 
15, 1854.] 

An Act relative to Superintendents of Schools. Chcip. 314 

Be it enacted by the Senate and Mouse of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The several cities and towns in this Common- Hon appointed 
wealth, by an ordinance of the city government in said 
cities, or by a vote of the qualified voters of said towns in 
legal town meeting, may annually require the school com- 
mittee to appoint a superintendent of public schools, to 
have the care and supervision of said schools, under the 
direction and control of said school committee 5 the salary Salary. 
of such superintendent to be fixed as the city government 
of said cities, or the inhabitants of said towns, at a legal 
meeting shall direct ; and^ in every city and town in which 



228 1854.— Chapters 315, 316. 

such superintendent shall be appointed, the school committee 
shall receive no compensation, unless otherwise provided 
for by the city governments of said cities, or by a vote of 
said town. 
What cities Sect. 2. Every city in this Commonwealth, whose act 

exempt. ^^ incorporation has already provided, or shall hereafter 

provide, for the choice of a superintendent of schools, shall 
be exempt from the operation of this act. [Approved by 
the Governor, April 15, 1854.] 

Chap. 315 An" Act relating to the Quincy Mutual Fire Insurance Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

gi5,ooo real The Quiucy Mutual Fire Insurance Company may hold 
estat'e^^^"'^''^ such real and personal estate, as may be necessary and con- 
venient, for the purposes of their business, not exceeding 
fifteen thousand dollars. [Approved by the Governor, 
April 15, 1854.] 



Ch(ip. 316 An Act to establish the West Dedham Branch Railroad Corporation. 

Be it etiacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Leonard Mason, Timothy Baker, Nathan Phil- 
lips, their associates and successors, are hereby made a cor- 
poration, by the name of the West Dedham Branch Eail- 
Powers.duties, road 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, 
and in that part of the thirty-ninth chapter of said statutes 
relating to railroad corporations ; and to all other public 
statutes which have been, or shall hereafter be passed, 
relative to railroad corporations. 
Location. Sect. 2. Said corporation is hereby authorized and em- 

powered, to locate, construct and maintain a railroad, with 
one or more tracks, from some convenient point on the 
Charles River Railroad in Needham, to some convenient 
May enter up- point in the village of "West Dedham ; and to enter upon 
Riv^r RaUroad ^^id Charlcs Rivcr Railroad, by proper turnouts and 
switches, at the point aforesaid, and to use the same, or any 
part thereof, according to the provisions of law. 



1854.— Chapter 317. 229 

Sect. 3. The capital stock of said corporation shall Capital, 
not exceed one thousand shares, of the par value of one ' 
hundred dollars each, the number of which shall be deter- Shares of gioo. 
mined, from time to time, by the directors of said corpora- 
tion, and no assessment shall be laid thereon, of a greater 
amount, in the whole, than the par value thereof. 

Sect. 4. If the location of this railroad be not duly Location and 
filed within two years, and if said railroad be not construct- ''°™^ 
ed within three years from the passage of this act, then 
this act shall be void. [Approved by the Governor, April 
15, 1854.] 

An Act to establish additional Terms of the Court of Common Pleas Cflttp. 317 
for the County of Bristol. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assevtibled, and by the authority of 
the same, as follows : 

Sect. 1. There shall be holden, within and for the couu- Additional 
ty of Bristol, two additional terms of the court of common *^^'"^- 
pleas annually, to wit : one on the second Monday of July, 
to be holden at New Bedford, within and for said county, 
and the second on the first Monday of February, to be 
holden at Taunton, within and for said county, for the dis- 
position of the criminal business of said coimty. 

Sect. 2. The civil business of said court in said county. Terms for cmi 
shall be transacted exclusivelyat the four terms heretofore business!'"^ 
established in said county ; and the criminal business there- 
of shall be transacted exclusively at the terms established 
by this act ; and all continuances of civil or criminal cases 
shall, without any special order, be had to the next term of 
said court for the transaction of business of the same de- 
scription. 

Sect. 3. All appeals, recognizances, continuances and Appeals, &c., 
processes, and every other matter and thing of a criminal ^bie!^ return- 
nature, which would be returnable to, or have day in, the 
court of common pleas, to be holden in said county on the 
second Monday of June next, if this act had not been 
passed, shall be returnable to, and have day in, that court 
at the term thereof, hereby established, on the second Mon- 
day of July next. 

Sect. 4. The grand jurors for said county of Bristol, Grand jurors, 
shall be required to attend only at the said terms hereby 
established for the transaction of criminal business. [Ap- 
proved by the Governor, April 15, 1854.] 



230 1854.— Chapters 318, 319. 

Chap. 318 An Act changing the Place for holding certain Terms of the Probate 

Court in the County of Worcester. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Probate court. Sect. 1. A court of ppobate sliall be holden in the town 
of Milford, in the county of Worcester, on the fourth Tues- 
day of May in each year. A term shall also be holden in 
said town on the Wednesday next after the fourth Tuesday 
in October. 
Part of act re- Sect. 2. So niuch of the first section of an act entitled 
P^^® • a^jj ^qi ^0 establish the Terms of the Court of Probate in 

the County of Worcester," as provides for holding a court 
of probate in the town of Mendon, passed on the twelfth 
day of April, in the year one thousand eight hundred and 
thirty-seven, is hereby repealed. 

Sect. 3. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, April 15, 1854.] 

Chap. 319 An Act to incorporate the Boston Oil Cloth Company. 

Beit enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Corporators. Sect. 1. Richard Pitts, Samuel Curtis, Benjamin H. 
Currier, their associates and successors, are hereby made a 
corporation, by the name of the Boston Oil Cloth Company, 
to be located in the county of Suffolk, for the purpose of 
manufacturing oil cloths and other fabrics, and machinery, 
and using, improving and disposing of the same ; with all 

Powers, privi- the powcrs and privileges, and subject to all the duties, 

leges, &c. restrictions and liabilities, set forth in the thirty-eighth and 
forty-fourth chapters of the Revised Statutes. 

Real estate, Sect. 2. The Said compauy may hold real estate, neces- 

f 100 000 • r J ./ ^ ' 

capital, ' sary and convenient for the purposes aforesaid, not exceed- 
gSDO.ooo. ing one hundred thousand dollars, and their whole capital 

stock shall not exceed three hundred thousand dollars. 
No shares to Sect. 3. No share in the capital stock of said corpora- 
derpar. tiou sliall be issucd for a less sum or amount, to be actually 

paid in on each, than the par value of the shares first issued. 
Sect. 4. This act shall take effect from and after its 

passage. [Approved by the Governor, April 15, 1854.] 



1854.— Chapters 320, 321. 231 

An Act to incorporate the Tremont Oil Company. CJiaj). 320 

Be it enacted by the Senate and House of Represe?ita- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. J. H. Cheney, Charles Smith, Marshall King- Corporators, 
man, their associates and successors, are hereby made a 
corporation, by the name of the Tremont Oil Company, for 
the purpose of manufacturing oil, in the city of Boston; 
with all the powers and privileges, and subject to all the Powers, duties, 
duties, restrictions and liabilities, set forth in the thirty- ^^' 
eighth and forty-fourth chapters of the Eevised Statutes. • 

Sect. 2. Said corporation may, for the purposes afore- Real estate, 
said, hold real estate to an amount not exceeding fifty thou- capital, ' 
sand dollars ; and the whole capital stock shall not exceed S2'50,ooo. 
two hundred and fifty-thousand dollars. 

Sect. 3. No shares in the capital stock of said corpora- No shares to 
tion shall be issued for a less sum or amount, to be actually der pa"^ ^^' 
paid in on each, than the par value of the shares which 
shall be first issued. ^Approved by the Governor, April 15, 
1854.] 

An Act to incorporate the Shawmut Gas Light Company, in the City of Chap. 321 

Boston. 

Be it enacted by the Senate and House of Representa' 
lives, in General Coiirt assembled, and by the authoi^ity of 
the same, as folloivs : 

Sect. 1. Benjamin L. Allen, William A. Hayes, James Corporators. 
C. Dunn, their associates and successors, are hereby made 
a corporation, by the name of the Shawmut Gas Light Com- 
pany, in the city of Boston, for the purpose of manufacturing 
and selling gas in the city of Boston; with all the powers 
and privileges, and subject to all the duties, restrictions and 
liabilities, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 

Sect. 2. Said corporation may hold real and personal Hold real and 
estate, necessary and convenient for the said purpose, in p^'^*°'^'''^®®*^*^ 
amount not exceeding five hundred thousand dollars. 

Sect. 3. Said corporation, with the consent of the mayor May open the 
and aldermen of the city of Boston, shall have power and pipes^'k-J.^^ 
authority to open the ground in any part of the streets, 
lanes and highways in said city, for the purpose of sinking 
and repairing such pipes and conductors, as it maybe neces- 
sary to sink for the purpose aforesaid ; and the said corpo- 
ration, after opening the ground in said streets, lanes and 



232 1854.— Chapters 322, 323. 

highways, shall be held to put the same into repair, under 
Proviso. the penalty of being prosecuted for a nuisance : provided, 

that the said mayor and aldermen, for the time being, shall, 
at all times, have the power to regulate, restrict and control, 
all the acts and doings of said corporation, which may, in 
any manner, affect the health, safety and convenience of the 
inhabitants of said city. 
No shares to Sect. 4. No sharcs in the capital stock of said company 
der par? ^^' sliall be issuod 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. 
• Sect. 5. This act shall take effect from and after its 

passage. [^Approved by the Governor, April 15, 1854.] 

Chap. 322 An Act relating- to the Venue of Transitory Actions. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Where actions Sect. 1. All trausitory actions between parties who 
maj e u^ i ^^^-^ Yiyq within the Commonwealth, which, by the four- 
teenth section of the nineteenth chapter of the Revised 
Statutes, are required to be brought in the county where 
one of the parties lives, may be brought either in the county 
in which one of the parties lives, or in which he has his 
usual place of business. 
Inconsistent Sect, 2. So much of the fourteenth section of the nine- 
repeae . |.,^gj^^|^ chapter of the Revised Statutes as is inconsistent 
with this act, is hereby repealed. [Approved by the €rov- 
ernor, April 15, 1854.] 

Chap. 323 An Act for the better Establishment of the Police Court of Newburyport. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Salary of jus- Sect. 1. The standing justico of the police court of the 
city of Newburyport, shall receive an annual salary of not 
less than six hundred dollars, the amount of which, if above 
that sum, shall be determined not oftener than once in each 
year, by the concurrent vote of the two branches of tlie 
city government of said city ; and said salary shall be paid 
to him in equal quarterly payments out of the treasury of 
said city, and shall be in full for all services which he now 
^ is, and shall hereafter be, required or authorized to perform 
as said justice. 



1854.— Chapter 323. 233 

Sect. 2, The mayor and aldermen of the city of New- Appointment 
buryport shall, forthwith, and hereafter in the month of Jan- ° ^^'^^' 
nary, annually, and whenever a vacancy may occur, appoint 
a suitable person to be clerk of said police court, who shall 
be paid for his services, as said clerk, an annual salary of 
not less than three hundred dollars, the amount of which, if I 
above that sum, shall be determined in the same manner as 
the salary of the standing justice, and paid in quarterly 
payments from the treasury of the city. 

Sect. 3. In case of the absence or death of said clerk, cierk, pro tem. 
the said justice may appoint a clerk p?^o tempore, who shall 
be paid, pro rata, said pay, in case of absence, to be deduct- 
ed from the salary of the standing clerk, and who shall 
officiate until the standing clerk shall resume his duties, or 
until another clerk shall be appointed. 

Sect. 4. The standing clerk shall l)e sworn to the faith- standing clerk 
ful discharge of his duties, and shall give bonds to the city °^^^° 
in such sum as the board of mayor and aldermen shall, from 
time to time, order, with a surety or sureties to the accept- 
ance of the said board, with condition for the faithful per- 
formance of the duties of liis office, and of the duties pre- 
scribed to him in this act. 

Sect. 5. The clerk shall attend all sessions of the police To keep sepa- 
court, whether for the transaction of criminal or civil busi- ^^ ° ^^^°^ ^' 
ness, and shall keep a true record of all the proceedings of 
said court; and the records of proceedings in civil cases 
shall be kept in a different book, and separate from the 
records of proceedings in criminal cases. 

Sect. 6. The said clerk shall make all warrants, writs. To make all 
and processes, which shall be ordered by said court, and '^^'^'■^'^^^' *°- 
tax all bills of costs, and receive all fines and forfeitures, 
and fees awarded and payable in said court, and all fees for 
blanks and copies in civil and criminal suits. 

Sect. 7. All fees and charges, both in civil and criminal Fees, &c.,how 
proceedings, now by law received by or payable to the said '^'^p"^^"^ °^- 
standing justice, shall be received by said clerk, and by him 
accounted for quarterly in detail, to the city, and the amounts 
due the said city of Newburyport, he shall forthwith pay 
over to the treasurer of said city. 

Sect. 8. All fines and forfeitures received by said clerk Fines, costs, 
or by said justice, and all costs in criminal prosecutions so founteTfon ' 
received, except the fees and charges named in the seventh 
section of this act, shall be accounted for and paid over by 
said clerk, in the same manner, and under the same penal- 

30 



234 



1854.— Chapter 323. 



Proviso. 



Compensation 



Proviso. 



ties for neglect, as are now prescribed with regard to jus- 
tices of the peace. 

And all costs and charges arising in criminal prosecutions 
which shall not be paid by said clerk, as above provided, 
shall, by said clerk, be taxed, certified, allowed and paid in 
like manner as is now provided with regard to said justices 
of the peace : pj-ovided, hoivever, that the said clerk shall, 
in the report returned at the end of each year, give a 
schedule of all fees remaining in his hands taxed and 
allowed the previous year, uncalled for by the persons to 
whom the same may be payable, and pay over the amount 
of the same to the city treasurer. 
_ . Sect. 9, Whenever the said police court shall be held 

ticeT^"^ ^"^" ^y either of the special justices thereof, the said special 
justices shall receive, in compensation for their services, the 
fees to which they are by law entitled : provided, hoioevej', 
that when the sum of fifty dollars shall have been thus 
earned in any one year, by either or both of said special 
justices, the said special justices shall thereafter be paid, in 
full for their services as such justices, at the rate of two 
dollars fifty cents per diem, to be deducted from the salary 
of the standing justice ; and the fees to which they or either 
of them would otherwise be entitled, shall be received by 
the clerk, and by him accounted for and paid to the city 
treasurer, as herein-before provided with regard to the 
standing justice. 

Sect. 10. The said police court, in addition to the juris- 
diction which it now has, shall have exclusive jurisdiction of 
all crimes, offences and misdemeanors, committed within the 
said city of Newburyport, whereof the said police court 
and justices of the peace for the county of Essex now have 
jurisdiction; and said police court shall also have original 
jurisdiction and cognizance of all suits and actions whereof 
any justice of the peace in the county of Essex now has, or 
hereafter may have, jurisdiction, and exclusive jurisdiction, 
whenever any person summoned as trustee in any such 
action resides in the city of Newburyport, and service has 
been duly made on said supposed trustee : provided, howev- 
er, ^mi nothing in this act contained shall prevent any pros- 
ecution within said county returnable before said court ; but 
no fees shall be allowed to any justice of the peace for any 
such warrant, unless it shall appear to the court that there 
was just and reasonable cause for issuing it. 

Sect. 11. The standing justice of said court, or cither 
of the special justices, or any justice of the peace of the 



Jurisdiction. 



Proviso. 



Warrants in 
certain cases 



1854.— Chapter 324. 235 

county of Essex, may issue a warrant under the forty-niuth 
chapter of the Revised Statutes, and such warrant may be 
made returnable before said police court ; but no justice of 
the peace within the said city of Newburyport shall exercise 
any further jurisdiction than to issue such warrant ; and any 
party aggrieved by the judgment of said court in any case, 
whether civil or criminal, may appeal therefrom to the court Appeal. 
of common pleas for said county of Essex, in the manner 
now provided for appeals from said police court. 

Sect. 12. Neither the standingjustice nor the clerk shall Justices and 
be retained as counsel or attorney in any suit, complaint, or as^counsei" ^^^ 
other proceeding before said court, nor in any which shall 
have been heard or examined therein ; and neither of the 
special justices shall be retained or employed as counsel or 
attorney, in any matter which shall have been heard or ex- 
amined before them respectively. 

Sect. 13. A court shall be holden by the said standing Court, how of- 
justice, or one of the special justices, at some suitable and *^° *° ^® ^^^^' 
convenient place to be provided by the city, on every day of 
the week, Sundays excepted, at nine o'clock in the forenoon, 
to take cognizance of crimes, offences and misdemeanors, 
and on one fixed day of each week, at ten o'clock in the 
forenoon, and by adjournment as much oftener as may be 
necessary, for the entry and trial of civil actions, the hear- 
ing of motions, and such other civil business as may come 
before it. 

Sect. 14. The jurisdiction of the police court of the Jurisdiction 
city of Newburyport, shall not be limited by reason of any °°* limited, 
interest on the part of the justices of said court, or either 
of them, in the payment of fines and costs into the treasury 
of the city of Newburyport, or of the county of Essex. 

Sect. 15. All acts or parts of acts inconsistent with inconsistent 
this act, are hereby repealed. ^^*^ repealed. 

Sect. 16. This act shall not take eifect unless it is ac-Act void, un- 
cepted by the city council of Newburyport within sixty ^^^^' '^' 
days from its passaa-e. [Appi'oved by the Goverjior, April 
15, 1854.] 



An Act to incorporate the Plympton and Wareham Railroad Company. Chap. 324 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloics : 

Sect. 1. Isaac Wright, Oliver Parker, James Cole, their Corporators, 
associates and successors, are hereby made a corporation, 
by the name of the Plympton and Wareham Eailroad Com- 



236 1854— Chapter 325. 

Powers, duties, pany, witli all the powers and privileges, and subject to all 
'^' the duties, restrictions and liabilities, 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 general laws which have been, or 
shall hereafter be passed, relating to railroad corporations. 
Location. Sect. 2. The Said corporation is hereby authorized to 

locate, construct and maintain a railroad, with one or more 
tracks, commencing at a point on the Old Colony Railroad, 
in the town of Plympton, on the westerly side of the Plymp- 
ton Station, (so called,) thence running by the most con- 
venient route, southerly, through the towns of Plympton, 
Carver, and Wareham, to some convenient point in said 
Wareham, easterly of the Cape Cod Railroad, and near the 
junction of the Fairhaven Railroad with said Cape Cod 
Railroad. 
Capital stock, Sect. 3. The capital stock of said railroad company 
of «%o^e\^ch' ^^^^^^ consist of two thousand five hundred shares, of the 
par value of one hundred dollars each, and no assessment 
shall be made thereon, of a greater amount in the whole. 
No shares to than the par value of such share or shares ; and no shares 
be issued un- jj^ ^]^q capital stock of Said company shall be issued for a 

ucr par. ■*■ i •/ 

less sum or amount, to be actually paid in on each, than the 
par value of the shares first issued. 
May use other Sect. 4. Said Plympton and Wareham Railroad Com- 
pany may enter upon, and use the said Old Colony Railroad, 
according to the provisions of law ; and the said Plympton 
and Wareham Railroad Company, may, with the consent of 
the Cape Cod Railroad Company, enter upon, unite with, 
and use, the said Cape Cod Railroad, upon such terms as 
may be fixed by agreement, by said two companies. 
Location and Sect. 5. If the location of the sail railroad be not filed 
comp etion. according to law within two years, and if the said railroad 
be not completed within three years from the passage of 
this act, then this act shall be void. 

Sect. 6. This act shall take effect from and after its 
passage. [Approved by the Governor, April 15, 1854.] 

Chap. 325 An Act to set oft' a part of the Town of North Brookfield, and annex the 

same to the Town of Brookfield. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Boundary de- Sect. 1. So much of the town of North Brookficld, in 
^"^ ^ ■ the county of Worcester, as lies southerly of a line begin- 



1854—Chapter 325. 237 

ning at a stone monument at the old post road leading to 
Brookfield, a little north-westerly of what is called the 
Wolcott Mill, and running thence south seventy-seven degrees 
and thirty minutes, east three hundred and seventy-live rods 
to a stone monument as now established in the line of 
Brookfield and North Brookfield on the easterly side of the 
Stephens Pond, so called, with all the inhabitants and estates 
thereon, is hereby set off from the town of North Brookfield, 
and annexed to the town of Brookfield : provided, lioicever, 
that for the purpose of electing representatives to the gen- where to vote 
eral court, to which the said town of North Brookfield is thVsf^'^^^^^ * 
entitled, until the next decennial census shall be taken, in 
pursuance of the thirteenth article of amendment to the 
constitution, the said territory shall remain and continue to 
be a part of the town of North Brookfield, and the inhabit- 
ants resident therein shall be entitled to vote in the choice 
of such representatives, and shall be eligible to the office 
of representative in the town of North Brookfield, in the 
same manner as if this act had not been passed. 

Sect. 2. The said inhabitants and estates so set off Taxes, &c. 
shall be liable to pay all taxes that have been legally as- 
sessed on them by the town of North Brookfield, in the 
same manner as if this act had not been passed. And until 
the next general valuation of estates in this Commonwealth, 
the town of Brookfield shall annually pay over to the said 
town of North Brookfield the proportion of any state or 
county tax which the said town of North Brookfield may 
have to pay, upon the inhabitants or estates hereby set oft'. 

Sect. 3. If any persons who have heretofore gained a Support of 
legal settlement in the town of North Brookfield by reason p^^p^"^^" 
of a residence on the territory set oft" as aforesaid, or by 
having been proprietors thereof, or who may derive such 
settlement from any such resident or proprietor, shall stand 
in need of relief or support as paupers, they shall be relieved 
and supported by the said town of Brookfield, in the same 
manner as if they had gained a legal settlement in that 
town. 

Sect. 4. The selectmen of the town of Brookfield shall List of voters. 
annually, until the next decennial census, fourteen days, at 
least, before the second Monday of November, furnish to the 
selectmen of North Brookfield a correct list, so far as may 
be ascertained from the records of the town of Brookfield 
or any of its officers, of all persons resident on the territory 
hereby set off", who shall be entitled to vote for representa- 
Itives as aforesaid, in North Brookfield. 



238 1854.— Chapters 326, 327. 

Sect. 5. This act shall take effect from and after its 
passao-e. [Approved hy the Governor, April 15, 1854,] 

Chap. 326 An Act concerning Fees of Witnesses in Cases of Contested Elections 
of Members of the House of Representatives. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as folloios : 

AVitoessesfees That ill cascs of contestcd elections of members of the 
house of representatives, no party shall be paid, by the 
Commonwealth, any fees for witnesses, unless the committee 
by which such case is heard, shall certify that there was 
reasonable cause for the attendance of such witnesses. 
[Approved hy the Governor, April 15, 1854.] 



to be certified. 



ChcfJ). 327 An Act relating to Mill and Reservoir Dams. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as folloivs : 

County com- Sect. 1. It is hereby made the duty of the county com- 
view'°&c!^^ *° missioners of the several counties in this Commonwealth, 
on application made to them in writing, by any person or 
persons owning mill or other property liable to destruction 
or damage by the breaking of any mill or reservoir dam, 
or on application of the selectmen of any town, on account 
of the liability of damage to any roads or bridges from the 
same cause in such town, to view and thoroughly to examine 
Notice to ad- such dam or dams, and give notice to the adverse party, of 
^erse party, the time and place of such view and examination; and if, 
in the judgment of said commissioners, the same are 
not sufficiently strong and substantial to resist the action of 
the water under any circumstances which may reasonably 
be supposed to exist, it shall be the duty of said commis- 
sioners to determine and direct what alterations or addi- 
tions are required, to make such dam permanent and secure, 
Shall givewrit- and they shall give a written direction to the owner or 
ten irections. Q-^j-^gpg ^f ^u(A\ dam to make such alterations or repairs 
within a reasonable time ; and a record shall be made of 
the result of such examination by the said commissioners. 
Result of ex- and auy such record shall be taken as admissible evidence 
b™recorded^° in the trial of any issue involving the liability of the owner 
or owners of such dam, if the owners had an opportunity to 
be heard before said commissioners. 



1854.— Chapter 328. 289 

Sect. 2, If the owner or owners of any dam thus ex- Dam may be 
amined and adjudged to be unsafe, shall neglect or refuse 
to make such alterations, additions or repairs, as have been 
ordered by said commissioners, it shall be the duty of said 
commissioners, on being notified by the party or parties 
making application, of such neglect or refusal, to cause 
such dam, or such parts thereof as they may deem necessa- 
ry for the safety of property, roads, or bridges on the 
stream below, to be removed ; and after such removal of 
said dam, or parts thereof, no structure shall be erected, 
except in compliance with the requirements of the commis- 
sioners. 

Sect. 3. If at any time when a dam is adjudged to be Dam may be 
unsafe according to the provisions of this act, and the pond 
caused by said dam should be so filled with water that the 
dam cannot be removed without danger to mill and other 
property, it shall be the duty of the county commissioners 
to cause such dam to be forthwith raised, or otherwise 
altered and made safe, at the expense of the owner or 
owners of said dam, such owner, upon notice, neglecting to 
raise or otherwise alter and make safe the said dam. 

Sect. 4. The cost or expense of all examinations of ^^P^^i^e, by 
dams, made by any board of commissioners under this act, 
shall be paid by the party making application for the same : 
provided^ the said commissioners shall order no alteration 
or additions to such dams ; otherwise the expense shall be 
paid by the owner or owners of the same ; and in all cases 
where the party making application for such examination is 
the owner of the dam, the expense shall be paid by the 
applicant. 

Sect. 5. This act shall take efiect on and after its 
passage. [^Approved by the Governor, April 15, 1854.] 

An Act lo authorize Justices of the Peace to impose Imprisonment in- Chap. 328 
stead of Fine, in certain cases. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloics : 

Sect. 1. In place of the fine as set forth in the twenty- Discretionary 
fourth section of the eighty-fifth chapter of the Revised tke?.'^ ° '''^^' 
Statutes, every justice of the peace within his county may, 
in his discretion, impose imprisonment in the county jail or 
house of correction, for a time not exceeding ninety days. 



240 



1854.— Chapter 329. 



Defendant to 
pay costs. 



Sect. 2. In case the justice shall impoje imprisonment, 
he may, in addition thereto, order the defendant to pay 
the costs of prosecution. [Approved by the Governor, April 

15,1854.] 



Chap. 329 An Act in addition to the several Acts for the Relief of Insolvent 
Debtors, and for the more Equal Distribution of iheir Eflects. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 



Meetings of 
creditors, how 
called. 



Commissioner 
may order 
meetings. 



Schedules. 



Warrants, 



Sect. 1. Whenever, in any proceedings in insolvency, 
there shall occur, from any cause, a failure to call or hold a 
second or third meeting of creditors within the time pre- 
scribed by law, such second or third meeting may, upon pe- 
tition of an interested party, be ordered afte* that time, 
at the discretion of the supreme judicial court, or any judge 
thereof, and with like effect as to the validity of the pro- 
ceedings thereat, as if such proceedings had transpired at a 
like meeting held within the time prescribed by law. 

Sect. 2. Upon the death, resignation or neglect of the 
assignee, or his absence from the county in which the pro- 
ceedings are pending, whereby any meeting to be called or 
notified by him, is liable to be defeated, such meeting may 
be called or notified by the clerk on the order of the com- 
missioner before whom the proceedings are pending, on pe- 
tition of any interested party, with notice at the discretion 
of the commissioner, to such assignee, if living, and with 
the like effect as to the validity of the proceedings had at 
such meeting, as if the same had been called and notified 
by the assignee. 

Sect. 3. The schedules of creditors and of assets shall, 
in no case, be delivered to the assignee, but to the custody 
of the clerk, by whom certified copies shall be furnished to 
the assignee. 

Sect. 4. The warrant to the messenger shall, in all 
cases, be directed to the sheriff or either of his deputies, 
of the county in which the proceedings are pending. [Ap- 
'proved by the Governor, April 15, 1854.] 



1854.--CHAPTERS 330, 331. 241 

An Act to incorporate the American Sewing Machine Company, ChajJ. ooO 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. John P. Bowker, Junior, Adin Partridge, H. W. Corporators. 
Wetherell, their associates and successors, are hereby made 
a corporation, by the name of the American Sewing Machine 
Company ; for the purpose of manufacturing sewing ma- Purpose, 
chines, in the city of Boston ; with all the powers and priv- Powers, privi- 
ileges, and subject to all the duties, restrictions, and ^°^^' 
liabilities, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 

Sect. 2. Said corporation may hold such real and per- S250,ooo real 
sonal estate, as may be necessary and convenient for the estate^^^^°°^ 
purposes aforesaid: provided, however, that the whole capi- 
tal stock of said company shall not exceed the sum of two 
hundred and fifty thousand dollars. 

Sect. 3. No shares in the capital stock of said company No shares to 
shall be issued for a less sum or amount, to be actually paid der^par^ 
in on each, than the par value of the shares which may be 
first created. 

Sect. 4. This act shall take eflFect from and after its 
passage. [^Approved by the Governor, April 18, 1854.] 

An Act to incorporate the Shaw Institute or Asylum for Mariners' Chap. 331 

Children. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the aiithority of 
the same, as folloios : 

Sect. 1. Gardiner Howland Shaw, Quincy A. Shaw, Corporators. 
Francis Gr. Shaw, their associates and successors, are here- 
by made a corporation by the name of the Shaw Institute 
or Asylum for Mariners' Children, for charitable and benevo- 
lent purposes ; with all the powers and privileges, and Powers, duties, 
subject to all the duties, liabilities and restrictions, set forth *°' 
in the forty-fourth chapter of the Eevised Statutes. 

Sect. 2. Said corporation may prescribe by its by-laws. By-laws, 
the manner in which persons may become members thereof. 

Sect. 3. Said corporation may hold real and personal Hold real and 
estate, for the purposes aforesaid, to an amount not exceed- P^sonai estate 
ing five hundred thousand dollars. \ Approved by the Gov- 
ernor, April 18, 1854.] 

31 



242 1854.— Chapters 332, 333. 

Chap. o32 An Act to incorporate the New England Magnetic Alarm Manufactur- 
ing Company. 

Be it enacted by the Senate and House of Representa- 
tives, in Geiieral Court assembled, and by the authority of 
the same, as follows : 

Corporators. g^cT. 1. S. P. Tajlop, GeorgG A. Hill, George 0. Bras- 
tOTT, their associates and successors, are hereby made a cor- 
poration, by the name of the New England Electro-Mag- 
netic Alarm Manufacturing Company; to be located in the 
Purpose. county of Suffolk, for tlie purpose of manufacturing and 
Powers, privi- vending electro-magnetic alarms ; with all the powers and 
privileges, and subject to all the duties, restrictions and 
liabilities, set forth in the thirty-eiglith and forty-fourth 
chapters of the Revised Statutes, 
^eai estate, Sect. 2. Said Corporation may hold, for the purposes 

capital, ' aforesaid, real estate not exceeding thirty thousand dol- 
5100,000. \cy^Q . r^j^(j i\^Q whole capital stock thereof, shall not exceed 

one hundred thousand dollars. 
No shares to Sect. 3. No share, in the capital stock of said company, 
der par. shall be issucd for a less sum or amount, to be actually paid 

in on each share, than the par value of the shares which 
shall be first issued. 

Sect. 4. This act shall take effect from and after its 
passage. {^Approved by the Governor, April 18, 1854.] 

Chap. 333 An Act in Relation to the Interest on Notes and Securities taken for 

Lands sold in the State of Maine. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Interest con- Sect. 1. From and after the first day of the present 
come. .year, the interest on notes and bonds taken for sales of 

lands in the State of Maine, and belonging to the Massa- 
chusetts School Fund, and Western Railroad Stock Sinking 
Fund, shall be considered and treated as income of said 
funds. 

Sect. 2. This act shall take eflect from and after its 
passage. [^Approved by the Governor, April 18, 1854.] 



1854.— Chapters 334, 335. 243 

An Act Concerning the Harvard Branch Railroad. Choj). 334 

Be it enacted by the Sejiate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The Harvard Branch Railroad Corporation, A' ^yiiscon- 
actino; in concurrence with James Dana, Oliver Hastings, sell property. 
and Gardner G. Hubbard, trustees, under a mortgage exe- 
cuted by said corporation, are hereby authorized to discon- 
tinue their road, or any part thereof, and to sell and dispose 
of all its right, title, and interest iu, and to any and all real 
estate and personal property, in whole or in part, to one or 
more purchasers, the proceeds of such sale to be appropri- 
ated in the manner provided in the following section. 

Sect. 2. James Dana, Oliver Hastings, and Gardner G. 
Hubbard, trustees, under a mortgage executed by said cor- 
poration, acting in concurrence with said corporation, are 
hereby authorized to sell and convey their railroad, with its 
franchise and privilege, and the purchase money shall be Purchase mon- 
first applied in satisfaction and discharge of any and all pUed!*^ '^^' 
liens and incumbrances upon the same, then to the payments 
of all the debts of said corporation, and the balance thereof 
to be paid to the stockholders in proportion to the amount 
of stock held by them respectivel3\ 

Sect. 3. Any party aggrieved by the action of said cor- Ass"^'*'^'^?^^" 
poration and trustees may apply to the supreme judicial &c^"^^^^^^'' 
court, sitting in equity, in and for the county of Middlesex, 
who shall have full equity powers in the premises, and shall 
make such orders and decrees as are in accordance with the 
rules of equity. 

Sect. 4, This act shall take efiect from and after its 
passage. {^Approved by the Governor, April 19, 1854.] 



An Act to establish a Police Court within the City of Cambridge. Chap. 335 

Be it enacted by the Senate and House of Representa- 
tives', in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. A Police Court is hereby established, in the Police court 
city of Cambridge, to consist of one competent and discreet ^^ ^ 
person, to be appointed and commissioned by the governor, 
pursuant to the constitution, as standing justice. 

Sect. 2. The said court shall have original and exclu- Jurisdicticm. 
sive jurisdiction over all crimes, offences and misdemeanors, 
committed within said city of Cam,bridge, whereof justices of 



244 1854.— Chapter 335. 

the peace now have, or may hereafter have, jurisdiction ; also 
of all suits and actions which may now, or at any time here- 
after, be heard, tried and determined, before any justice of the 
peace in the county of Middlesex, whenever all the parties 
shall reside in Cambridge, and service of the writ is had on 
the defendant in said county. The said court shall have orig- 
inal and concurrent jurisdiction with justices of the peace in 
said county of Middlesex, over all crimes, offences and mis- 
demeanors, whereof justices of the peace now have or here- 
after may have jurisdiction; also of all suits and actions 
within the jurisdiction of any justice of the peace within 
the county of Middlesex. 
Returns of Sect. 3. All Warrants issued by the said court or by any 
warrants. justice of the pcacc in Cambridge, in any criminal suit or 
prosecution, shall be made returnable before the said court. 
No fees allow- Sect. 4. No fccs shall be allowed to any justice of the 
of the peace!^^ pcacc for any warrant issued by him, returnable before said 
court, unless it shall appear to the court that there was just 
and reasonable cause for issuing the warrant. 
Justices of the Sect. 5. Evcry justicc of the peace in the city of Cam- 
se?vators,X!^' bridge shall, notwithstanding any thing contained in this act, 
have and exercise all the powers and duties of a conservator 
of the peace, for suppressing all affrays, riots, assaults and 
batteries, and for arresting all persons concerned therein ; 
and all persons so arrested, whether upon a warrant, in 
writing, or otherwise, shall be brought before the said court 
for examination, to be there dealt with according to law. 
Appeal Sect. 6. An appeal shall be allowed from all judgments 

allowed. ^^ ^^j^j poHcc court, in like manner, and to the same ex- 

tent, that appeals are now allowed by law, from judgments 
of justices of the peace 5 and the justice of said police 
court shall not be of counsel to any party in any cause 
which may be pending in said court. 
Fines, &c. how Sect. 7. All fines and forfeitures, and all costs in crim- 
disposedof. -^^-^ prosccutions, which shall be received by, or paid into 
the hands of the justice of said court, shall be by him ac- 
counted for, and paid over to the same persons, in the' same 
manner, and under the same penalties, as are by law pre- 
scribed in the case of justices of the peace. All costs in 
such prosecutions not thus received, shall be made up, taxed, 
certified and allowed, and shall be paid in like manner as is 
provided by law in cases of justices of the peace. 
Salary of jus- Sect. 8. The justicc of Said court shall receive an an- 
*^"^* nual salary of not less than one thousand dollars, the amount 

of which, if above that sum, shall be determined not ofteuer 



1854.— Chapter 335. 245 

than once in each j^ear by the concurrent vote of the two 
branches of the city council of said city; and said salary 
shall be paid to him in equal quarterly payments, out of the 
treasury of said city, and shall be in full for all services 
which he is or may hereafter be required or authorized to 
perform as said justice. 

Sect. 9. A court shall be holden by the said standing jus- Court, how of- 
tice, or by the special justice, at some suitable and convenient <^° ° ^ ^ ■ 
place, to be provided by the city, on every day of the week, 
Sundays and days of public thanksgiving and fast excepted, 
at such hour in the forenoon as said standing justice shall 
by general rule appoint, to take cognizance of crimes, 
offences and misdemeanors, and on one fixed day of the 
week, at ten o'clock in the forenoon, and by adjournment so 
much oftener as may be necessary, for the entry and trial of 
civil actions, the hearing of motions, and such other civil 
business as may come before it. And the said standing 
justice shall, from time to time, establish all necessary rules 
for the orderly and uniform conducting of the business of 
the said court. 

Sect. 10. The justice of said court shall keep a fair ^haii keep a 

Ton T • -1 i Tini fair record and 

record ot all proceedings m said court, and shall make re- make return. 
turn to the several courts, of all legal processes, and of 
his doings therein, in the same manner as justices of the 
peace are now by law required to do ; and he shall also, 
annually, in the month of December, exhibit to the city 
council of the said city of Cambridge, a true and faithful 
statement of moneys received by him as fees. 

Sect. 11. The justice of said court shall, twice in every Fees, &c., paid 
year, on the first day of June and on the first day of De-rer.^^ ^ 
cember, account for and pay over to the treasurer of the 
said city of Cambridge all fees of every description received 
by him in the course of his judicial proceedings, civil or 
criminal. 

Sect. 12. The justice of said court is hereby authorized cierk appoint- 
to appoint a clerk of said police court, to be paid by him, ^ 
and to hold his office during the pleasure of said justice, 
whenever, in his discretion, the business of the court shall 
require such appointment. And the clerk so appointed 
shall be duly sworn to the faithful discharge of the duties 
of his office, and under the direction of the justice shall 
keep a fair record of all the proceedings of said court. 

Sect. 13. The jurisdiction of said police court shall not Junstiiction 
be limited by reason of any interest on the part of the ^°* ^^'^^'^^^' 
justices of said court in the payment of fines and costs into 



246 



1854.— Chapter 336. 



One special 
justice. 



the treasury of the said city of Cambridge, or of the county 
of Middlesex. 

Sect. 14. There shall be appointed by the governor, by 
and with the advice and consent of the council, one special 
justice of said court, who shall have power, in case of the 
absence, sickness, interest or other disability of the stand- 
ing justice, to issue the processes of said court, to hear 
and determine any matter or cause pending, and to exercise 
all the powers of the standing justice, until such disability 
be removed. The said special justice shall be paid for the 
services performed by him, out of the salary of the standing 
justice, such sum as said standing justice would be entitled 
to for the same services. 

Sect. 15. All suits, actions and prosecutions, which shall 
be pending within the said city of Cambridge, before any 
justice of the peace, when this act shall take efi'ect, shall 
be heard and .determined as though this act had not 
passed. 

Sect. 16. The governor shall have power, by and with 
the advice and consent of the council, to appoint said stand- 
ing and special justice at any time after the passage of this 
act. 

Sect. 17. This act shall not take effect unless accepted 
in^six^ty^daj^s. ^7 ^hc city council of Cambridge within sixty days from its 
passage. [App?'oved by the Governor, April 19, 1854.] 



Pending ac- 
tions, how dis 
posed of. 



Justices, when 
appointed. 



Act void, un- 



Lo cation. 



Chcip. 336 An Act concerning the Stoneham Branch Railroad. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. The Stoneham Branch Railroad Company are 
hereby authorized and empowered, to locate, construct and 
maintain a railroad from a point on the present location of 
their railroad in Medford, near the farm of Peter C. Hall, 
and a little northerly of Purchase Street, in said Medford, 
and from thence across Mystic River, and from thence south- 
erly and across South Street, in said Medford, across the 
street leading from- Medford to Charlestown, and from 
thence to a point in Somerville, upon the Boston and Maine 
Railroad, with authority to connect with said railroad ; or 
said company may connect their railroad with the road of 
the Boston and Lowell Railroad Corporation, as provided 
in their charter, at any point north of the principal depot 
in Winchester. All that part of the present location of 



May connect 
with other 
roads. 



1854.— Chapter 337. 24t 

the Stoneham Branch Railroad, southerly of Purchase Street 
in Medford, is hereby wholly discontinued. 

Sect. 2. If the said Stoneham Branch Railroad Compa- 
ny shall avail themselves of the power conferred by the 
foregoing section, to enter the Boston and Lowell Railroad, 
then all of the present location of their road situate souther- 
ly of the point from whence their new location shall leave 
and depart from their present location, shall be, and hereby Location dis- 
is also, wholly discontinued, and any person upon, across, or ^°^^^^'^^^- 
over whose lands any embankments, excavations, or work 
have been made or performed on that part of the location 
hereby discontinued, shall have the right and liberty to file 
his petition for his damages sustained thereby, and to have 
the same determined and assessed, according to the laws 
heretofore enacted for the assessment and recovery of rail- 
road damages. 

Sect. 3. Said Stoneham Branch Railroad Company is Additional 
hereby authorized to increase their capital stock to an ''^^'*^^" 
amount not exceeding the sum of two hundred thousand 
dollars in the whole. 

Sect. 4. Said company shall have the further time of Time extended 
three years, within which to locate and construct their rail- 
road, as herein provided. 

Sect. 5. This act shall take effect from and after its 
passage. [Approved by the Governor, April 19, 1854.] 



An Act to incorporate the Hopkinton Branch Railroad Company. Chap. 337 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, a?id by the authority of 
the same, as follows : 

Sect. 1. Lee Claflin, Silas Mirick, Erastus Thompson, Corporaiors. 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Hopkinton Branch Railroad Com- 
pany, with all the powers and privileges, and subject to all Privileges, Ua- 
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 the public statutes which have been, or 
may be hereafter passed, relating to railroad corporations. 

Sect. 2. Said corporation is hereby empowered to lo- Location. 
cate, construct and maintain, with one or more tracks, a 
branch railroad, commencing at some point near the centre 
village of Hopkinton, thence running to the sand banks, 
near Indian Brook, thence to the station house of the Bos- 



248 1854.— Chapter 337. 

ton and Worcester Railroad, at Cordaville, at which point 
the said company may enter upon, and unite their railroad, 
by proper turnouts and switches, with the said Boston and 
Worcester Railroad, or may follow, as near as may be con- 
venient, said Indian Brook, to a point on the said Boston 
and Worcester Railroad, near where the said railroad now 
crosses said Indian Brook, at which point the said company 
may enter upon and unite their railroad, by proper turnouts 
and switches, with the Boston and Worcester Railroad. 
Capital, 1,200 Sect. 3. The Capital stock of said company shall con- 
each^^' sist of not morc than twelve hundred shares, the number 

of which shall, from time to time, be determined by the 
directors of said corporation, and no assessment shall be 
laid thereon, of a greater amount, in the whole, than one 
No shares to hundred dollars on each share ; and no shares shall be is- 
^eissue un ei ^^^^^ f^^ r^ jggg ^^^ ^j. aj^Qunt, to be actually paid in on 

each, than the par value of the shares first issued ; and said 
company may invest and hold such part thereof, in real and 
personal estate, as may be necessary and convenient, for 
the purpose of their incorporation. 

Location and Sect. 4. If the locatiou of Said branch railroad shall 
not be filed within sixteen months, and said branch railroad 
be not constructed within three years from the passage of 
this act, the same shall be null and void. 

May unite with Sect. 5. Said Corporation is hereby authorized to enter 

another road. i •• xi • m t i ^ j. j 

upon and unite their railroad, by proper turnouts and 
switches, with the Boston and Worcester Railroad, and use 
the same, and any part thereof, under the provisions and 
restrictions of the laws relating to railroads. 
May be used by Sect. 6. The legislature may authorize any corporation 

Other ro3.cis o i/ »/ j- ^ 

to enter, with another railroad, upon, and use the Hopkm- 
ton Branch Railroad, or any part thereof, by complying 
with such reasonable rules and regulations as the said Hop- 
kinton Branch Railroad may prescribe, or as may be deter- 
mined according to the provisions of law. 

Tolls. Sect. 7. The legislature may, after the expiration of 

four years from the time when said railroad shall be opened 
for use, from time to time, alter or reduce the rate of tolls 
or other profits upon said railroad ; but the tolls or profits 
shall not, without the consent of said company, be so re- 
duced as to produce less than ten per cent, per annum upon 
the investment of said company. 

Mayieaseroad Sect. 8. Said Hopldnton Branch Railroad Company are 
hereby empowered to lease their railroad to the Boston and 
Worcester Railroad Corporation. 



1854.— Chapter 338. 249 

Sect. 9. The corporation hereby established is author- May sell and 
ized to sell and transfer all its property, rights, privileges ertyf ^^ ^^°^ 
and franchises, under this charter, to the Boston and Wor- 
cester Railroad Corporation, or its successors, upon such 
terms as shall be mutually agreed upon, and upon such 
transfer, said Boston and Worcester Railroad Corporation 
shall enjoy and be invested with all the powers, privileges 
and franchises, hereby granted, and shall be subject to all 
the restrictions and liabilities hereby imposed. 

Sect. 10. This act shall take effect from and after its 
passage. [Approved by the Governor, April 19, 1854] 

An Act for supplying the City of Worcester with Pure Water. Chap. 338 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect, 1. The city of Worcester is hereby authorized to 
hold, by purchase, and to convey to, into and through the 
said city, the water of the Henshaw Pond, so called, in the Water, where 
town of Leicester, and the waters that may flow into and 
from the same, and any water-rights connected therewith, or 
(if the city council shall so elect) the waters of a brook 
running throuirh the town of Holden and through the west- 
erly part of Worcester, called Tatnic Brook, the water to 
be taken from a point in the same in said town of Holden, 
about two miles above the village of Tatnic, so called, in 
said Worcester; and said city may' also hold, by purchase. May hold land, 
any lands or real estate, necessary for laying or maintaining 
an aqueduct for conducting the water from either of said 
sources to said city, and for forming reservoirs, and may also 
hold land around the margin of said pond, or around the 
margin of any reservoir or water source which they may pos- 
sess or create, in the valley of said brook, for the purpose of 
furnishing a supply of pure water for the city of Worcester. 

Sect. 2. The said city may make and build a permanent May build 
aqueduct, from either of the aforesaid water sources, to, ^'i^^'^"'''^' *<=• 
into and through the said city, and secure and maintain the 
same by any works suitable therefor, may erect and main- 
tain a dam or dams, at the outlet of said pond, or in the 
valley of said brook, at the point above mentioned, and at 
other points above the same, in the valley of said stream, to 
raise and retain the waters therein; and may erect and 
maintain reservoirs, enlarge water sources, make and main- 
tain public hydrants, in such places as may be deemed 
32 



250 1854.— Chapter 338. 

proper ; may distribute the water through the city, and for 
, that purpose, may lay down pipes to any house or building 
in the cit}^, by consent of the owner or owners of them 
thereto, and may regulate the use of the water, and estab- 
lish rents and prices to be paid therefor; and the city may, 
for the purposes aforesaid, carry and conduct any aqueduct 
or other work, over or under any street, highway, or 
other way, or in such manner as not to obstruct the travel 
thereon, and may enter upon and dig up any such road, 
street or way, by consent of the town in which the same 
may be, for the purpose of laying down pipes beneath the 
surface thereof, and for making and repairing the same : 
provided, however, that nothing contained in this section 
shall be so construed as to authorize said city to take or 
flow the land, or to take, or in any way injure, the prop- 
erty of any person or corporation, without the consent of 
the owner or owners thereof. 
City to appoint Sect. 3. The rights, powcrs and authority given to the 
eommissioneis ^-^^ ^^ Worccstcr, by tliis act, shall be exercised by the said 
city, subject to the restrictions, duties and liabilities herein 
contained, in such manner, and by such commissioners, offi- 
cers, agents and servants, as the city council shall, from 
time to time, ordain, appoint and direct. 
City to issue Sect. 4. For the purpose of defraying the cost and ex- 
^"'P' penses of such land, estate, water, and water-rights, so pur- 

chased and held, for the purposes mentioned in this act, and 
of constructing said aqueduct and works necessary and 
proper for the accomplishment of this act, and all expenses 
incident thereto, the city council shall have authority, from 
time to time, to borrow such sum or sums of money, and to 
issue notes, scrip, or certificates of debts therefor, to an 
amount not exceeding two hundred and fifty thousand dol- 
lars, bearing interest at a rate not exceeding the legal 
rate of interest in this Commonwealth, the said interest to be 
When payable, payable scmi-annually, and the principal shall be made pay- 
able at periods not more than twenty years from the issuing 
of said scrip, notes or certificates, respectively; -and the 
city council may sell the same, or any part thereof, from 
time to time, at public or private sale, or pledge the same 
for money borrowed for the purpose of this act, on such 
terms and conditions as the city council shall judge proper ; 
and the city council are hereby authorized, from time to 
time, to appropriate, grant and assess such sum or sums of 
money, not exceeding twenty thousand dollars in any one 
year, towards paying the principal of the money so bor- 



1854— Chapter 338. 251 

rowed or obtained, and the interest thereof, in the same 
manner as money is appropriated, granted and assessed for 
other city purposes. 

Sect. 5. The city council shall, from time to time, regu- Price of water. 
late the price or rent for the use of the water, with a view 
to the payment from the net income and receipts, not only 
of the semi-annual interest, but ultimately of the principal 
of said debt so contracted, so far as the same may be prac- 
ticable and reasonable. 

Sect. 6. If any person shall wantonly or maliciously Penalty for di- 
divert the water, or any part thereof, of any of the ponds, ^" ^"^ ^^ ^^' 
stream, or water source, which shall be taken by the city, 
pursuant to the provisions of this act, or shall corrupt the 
same, or destroy or injure any dam, aqueduct pipe, conduit, 
hydrant, machine, or other property held, owned or used by 
the city, by the authority and for the purposes of this act, 
every such person or persons, shall forfeit and pay to said 
city, three times the amount of the damages that shall be 
assessed therefor, to be recovered by any proper action, 
and every such person or persons may, moreover, on indict- 
ment for and conviction of either of the wanton and mali- 
cious acts aforesaid, be punished by a fine, not exceeding- 
one thousand dollars, and by imprisonment, not exceeding 
one year. 

Sect. 7. Nothing in this act contained shall be construed city to make 
to authorize said city to take or to appropriate the property ^°"t^''''<=**- 
of any person or corporation, to its own use, unless it be 
by contract or agreement with the owner thereof. 

Sect. 8. The mayor and aldermen of said city shall Act void, un- 
notify and warn the legal voters of said city, to meet in irsix'ty'^days. 
their respective wards, on such day as the said mayor and 
aldermen shall direct, not exceeding sixty days from and 
after the passage of this act, for the purpose of giving their 
written votes upon the question, whether they will accept 
the same ; and if a majority of the votes so given upon the 
question shall be in the negative, this act shall be null and 
void. 

Sect. 9. This act shall take effect from and after its 
passage. [App7^oved by the Governor, April 20, 1854.] 



252 1854.— Chapters 339, 340. 

Chap. 339 An Act for the better Security of Property in Logs, Masts, Spars, and 

other Timber. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Penalty for ta- Sect. 1. If any pei'son shall, hereafter, unlawfully take, 
king logs, &c. ^,g^pj,y away, or otherwise convert to his own use, or shall 
cut up for the purpose of carrying away or converting to 
his own use, without the consent of the owner, any log or 
logs, suitable to he sawed or cut into boards, clapboards, 
shingles, joists, or other timber, or any mast or spar, the 
property of another, whether the owner thereof be known 
or unknown, lying or being in any river, pond, canal, lake, 
bay, stream, or inlet, within this Commonwealth, he shall 
be deemed guilty of a misdemeanor, and on conviction 
thereof, in the county where the offence was committed, 
before any justice of the peace, or police court, having cog- 
nizance thereof, shall be sentenced by such justice or police 
court, for each and every such log, mast, or spar, to pay a 
fine, to the use of the Commonwealth, of not less than five 
dollars and not more than twenty dollars, together with 
the costs of prosecution ; or, instead of such fine and cost, 
the offender may be sentenced by such justice or police 
court, to confinement in the house of correction, or common 
jail, for a time not less than thirty days, nor more than six 
months. 
Formpr acts Sect. 2. Nothing herein contained shall be so construed 
notafiected. ^^ ^^ affcct any of the provisions of the fifty-second chapter 
of the Revised Statutes, or the provisions of chapter twen- 
ty-six of the acts of the year one thousand eight hundred 
and forty-one, entitled " An Act concerning Timber carried 
upon adjoining Lands by Floods." 

Sect. 3. This act shall take effect from and after its 
passage. [^Approved by the Governor, April 20, 1854.] 

Chap. 340 An Act to establish the East Walpole Branch Railroad. 

Be it enacted by the Senate and House of Represeiita- 
lives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. John Morsc, Francis W. Bird, Willard Lewis, 
their associates and successors, are hereby made a corpo- 
ration, by the name of the East Walpole Branch Railroad 
Powers.duties, Company, with all the powers and privileges, and subject 
*"• to all the duties, liabilities and restrictions, set forth in the 



1854.— Chapter 340. 253 

forty-fourth chapter of the Eevised Statutes, and in that 
part of the thirty-ninth chapter thereof, relating to railroad 
corporations, and to all general laws which have been, or 
shall hereafter be passed, relative to railroad corporations. 

Sect. 2. Said company is hereby authorized and em- Location. 
powered to locate, construct and maintain a railroad, with 
one or more tracks, from some convenient point on the Bos- 
ton and New York Central Eailroad, near the South Ded- 
ham and East Walpole Station, on said Boston and New 
York Central Eailroad in South Dedham, to some con- 
venient point in East Walpole,. near the Post Office ; and to 
enter with their railroad, by proper turnouts and switches, 
upon the Boston and New York Central Eailroad, at the 
point aforesaid, and to use the same, or any part thereof, 
according to the provisions of law. 

Sect. 3. The capital stock of said company shall not Capital, 2o0 
exceed two hundred and fifty shares, of one hundred (JqI- ^^^j^®^' °^ ^^^'^ 
lars each, the number of which shall be determined, from 
time to time, by the directors of said company; and said 
company may purchase and hold such real estate as may be 
necessary for the purposes of their incorporation. 

Sect. 4. No shares in the capital stock of said corpo- No shares to 
ration shall be issued, for a less sum or amount, to be actu- der p*a"r! ""' 
ally paid in on each, than the par value of the shares which 
shall first be issued. 

Sect. 5. If the location of this road shall not be filed when filed and 
within one year, and if said railroad be not constructed constructed. 
within three years from the passage of this act, then this 
act shall be void. 

Sect. 6. The said company are hereby authorized to May unite with 
extend their railroad hereby authorized, from its terminus ^"o'^'i^'^ ^°^^- 
in East Walpole, to unite with the Boston and New York 
Central Eailroad at some convenient point between East 
Walpole and Walpole Centre, and to enter upon the Boston 
and New York Central Eailroad, at the point aforesaid, and 
to use the same according to the provisions of law ; and for 
the purposes of this extension, the capital stock of this 
company maybe increased, by adding thereto not exceeding May increase 
three hundred and fifty shares, of the value of one hundred '^^'p^^^^- 
dollars each. 

Sect. 7. If the extension, authorized by the preceding Extension, 
section, shall not be located and built within three years ""^^^ ^°^'*' 
from the passage of this act, then so much of this act as 
relates to such extension, shall be void. 



254 1854.— Chapters 341, 342. 

May lease, &c. Sect. 8. Said company is hereby authorized to make any 
contract with the Boston and New York Central Railroad 
Company, or its successors, for the leasing or the use and 
maintenance of the railroad hereby authorized. 

Sect. 9. This act shall take effect from and after its pas- 
sage. [App7-oved by the Governor, April 20, 1854.] 

Chap. 341 An Act to establish the Compensation of the Messengers and Door-keepers 
of the Senate and House of Representatives, and Assistant Messenger 
to Governor and Council. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Compensation Sect. 1. The Compensation of each of the door-keepers 
established. ^^^^ mcsscngers of the senate and house of representatives, 
and of the assistant messenger to the governor and council, 
from and after the first day of January last, shall be three 
dollars per day ; and the compensation of each of the pages 
of the senate and house of representatives shall be two 
dollars for each and every day they may be respectively 
employed in their several capacities. 
Inconsistent Sect. 2. So mucli of the act pass^ed April twenty-four, 
act repealed. ^^^ ^^^^ ^^^^ ^^^ thousaud eight hundred and fifty, as is in- 
consistent with the provisions of this act, is hereby repealed. 
Sect. 3. This act shall take effect from and after its 
passage. \^Approved by the Governor, April 20, 1854.] 

Chap. 342 An Act to incorporate the Ladies' Collegiate Institute. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Corporators. Sect. 1. Lemuel Porter, Amory Gale, E. A. Cummings, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Ladies' Collegiate Institute, to be 
established in the town of Amherst, in the county of Hamp- 
Powers.dutics, shire, for educational purposes ; with all the powers and 
*^" privileges, and subject to all the liabilities, duties and 

restrictions, set forth in the forty-fourth chapter of the 
Revised Statutes. 
Hold real and Sect. 2. Said Corporation may hold real and personal 
P^'^^°"^^®^'''^® estate, to an amount not exceeding one hundred and fifty 
thousand dollars, to be devoted exclusively to the purposes 
of education. [Approved by the Governor, April 21, 1854.] 



1854.— Chapters 343, 344. 255 

An Act to establish a Fire Department in the Town of Milford. Chap. 343 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

A fire department is hereby established in the town of 
Milford; subject to all the duties and liabilities, and with 
all the powers and privileges, set forth and contained in an 
act entitled "An Act to regulate Fire Departments," passed 
on the ninth day of April, in the year one thousand eight 
hundred and thirty-nine, and in all subsequent acts relating 
to fire departments. [^Approved by the Governor, April 21, 
1854.] 

An Act to establish the Stone Quarry Railroad. Chcip. 344 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Samuel C. Shapleigh, John H. Shapleigh, Aus- Corporators. 
tin Fenn, their associates and successors, are hereby made 
a corporation, by the name of the Stone Quarry Railroad 
Company ; with all the powers and privileges, and subject Duties, liabUi- 
to all the duties, restrictions and liabilities, 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 rail- 
road corporations, and in all general laws which have been 
or which may hereafter be passed, relating to railroad cor- 
porations. 

Sect. 2. Said corporation may construct and maintain a Location, 
railroad, from some convenient point in or near the stone 
quarry in the town of Westford, known as the Barnard Reed 
Ledge, to some convenient point on the Stony Brook Rail- 
road, in said town of Westford, with authority to enter upon 
and unite their railroad, by proper turnouts and switches, May unite with 
with said Stonjr Brook Railroad, at the point aforesaid, and another road. 
to use the same, or any part thereof, upon such terms as 
maybe agreed upon by said two corporations, or determined 
according to the provisions of law. 

Sect. 3. Said corporation shall have no authority to Authority lim- 
construct any part of their railroad on any land not owned 
by said Samuel C. Shapleigh, John H. Shapleigh or Austin 
Fenn, with the exception of that part of their said railroad 
which may cross highways or townways, and that part which 
shall be constructed on land belonging to said Stony Brook 



256 1854.— Chapters 345, 346. 

Railroad Corporation ; and said corporation shall have no 

authority to use steam, as a motive power, on any part of 

their said railroad. 
Capital, 250 Sect. 4. The capital stock of said corporation shall 
eac"^' " consist of two hundred and fifty shares, of the par value of 

one hundred dollars each, and no assessment shall be laid 
No shares to thcrcon, of a greater amount in the whole than the par 
^ir""^"'^^" value thereof. 
Location and Sect. 5. If the locatiou of Said railroad shall not be 



costruction. 



filed, according to law, within two years, and if the said 
railroad shall not be constructed within three years from 
the passage of this act. this act shall be void. 

Sect. 6. This act shall take effect from and after its 
passage. [Approved hy the Governor, April 21, 1854.] 

Chap. 345 An Act in addition to An Act to establish a Police Court in the Town 

of Blackstone. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, a7id hy the authority of 
the same, as follows : 

Warrants re- Sect. 1. Any justicc of the peacc within said town of 
ikiTcourt." ^°" Blackstone, may receive complaint and issue a warrant for 
any crime, offence, or misdemeanor, committed within said 
town ,• but all such warrants shall be made returnable be- 
fore said police court ; and if any warrant shall be issued 
by any justice of the peace, returnable before said court, 
the lawful fees, payable therefor, shall not be paid or al- 
lowed, unless, on examination in hearing before said court, 
it shall appear to said court, that there was just and rea- 
Justice not to souablc causc for issuing said warrant; and no justice who 
as counse . ^^^^y^ have issucd a warrant, returnable before said court, 
shall be allowed to act as counsel in the examination or 
trial of the case. 
Inconsistent Sect. 2. So much of the sccoud section of the act to 
act repea e . ^|^j(,j^ ^|jjg ^g ^^ addition, as is inconsistent with the pro- 
visions of this act, be, and the same is hereby repealed. 
[Approved hy the Governor, April 21, 1854.] 

Chap. 346 An Act relative to the Police Court in Worcester. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Coti7^t assemhled, and hy the authority of 
the same, as folloivs : 

Clerk to make Sect. 1. The scvcral rctums required by law, from the 
returns. police court of the city of Worcester, shall be made by the 

clerk of said court. 



1854.--CHAPTER 347. 257 

Sect. 2. The clerk of said court shall, hereafter, anuu- Moneys to be 
ally, in the month of January, exhibit to the treasurer of^^°°^'^^ 
the county of Worcester, a true and particular account, 
under oath, of all sums of money by him received, accruing 
from fees, fines and penalties, in criminal prosecutions before 
said court. 

Sect. 3. The clerk of said court shall, immediately after Surplus paid 

, •' „ to county trea- 

the rendering of his account, pay over to the treasurer oi surer, 
the county of Worcester, any surplus remaining in his hands 
after paying the salaries of the justice and clerk of said 
court. 

Sect. 4. All acts and parts of acts inconsistent with inconsistent 
the provisions of this act, are hereby repealed. [Approved^^ srepeae . 
by the Governor ^ April 21, 1854.] 

An Act concerning the Ministerial Fund of the First Parish in Spring- Chap. 347 

field. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court asseinbled, and by the authority of 
the same, as folloios : 

Sect. 1. The trustees of the ministerial fund of the ^^^y transfer 
first parish in Springfield, are hereby authorized to assign, p''°p" ^' 
transfer, and make over, all the securities and other prop- 
erty held by said trustees as a corporation, to said first 
parish, to be held by said parish for the same uses and upon 
the same trusts as they are now held by said trustees. 

Sect. 2. By said act of transfer and assignment, the se- Securities may 
curities aforesaid, so far as they consist of the notes and 
mortgages of said parish, heretofore given by the same to 
said trustees, shall no longer be of any force or validity, 
but the same may be discharged and cancelled by said par- 
ish, and the residue of said securities and property so trans- Residue, how 
ferred and assigned, may be applied, from time to time, by 
said parish, so far as it may be necessary, to the purchase 
of the pews in the meeting-house of said parish that do not 
now belong to the same, and to other parochial purposes 
and uses, for the benefit of said parish. 

Sect. 3. The corporation aforesaid, entitled" The Trus- Corporation 
tees of the Ministerial Fund of the First Parish of Spring- 
field," shall, whenever the transfer and assignment aforesaid 
is made and fully completed, be thereby dissolved, and the 
members thereof be no longer subject to any further liabil- 
ities, obligations or duties, as such trustees ; and said parish Parish to have 
shall, thereafter, have all the powers in reference to said*''^®*^^^°^"^' 
securities and property, that are now vested in said trus- 
33 



258 1854.— Chapters 348, 349. ' 

tees, and may, in the name of said parish, institute and pros- 
ecute any suit or suits for enforcing the collection of said 
securities, or obtaining possession of any property belong- 
ing to said trustees, that maybe necessary for that purpose. 
When to take Sect. 4, TMs act shall take effect whenever it shall be 
accepted, in writing, by the present settled minister of said 
parish, and by the trustees aforesaid. [Approved by the 
Governor, April 22, 1854.] 

Chap. 348 An Act to increase the Capital Stock of the Pacific Mills. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The Pacific Mills are hereby authorized to increase their 
capital stock by adding thereto a sum not exceeding one 
million of dollars, and to invest the same in such real and 
personal estate as may be necessary and convenient for 
the purposes for which they were incorporated. [Approved 
by the Governor, April 22, 1854.] 



Chap. 349 An Act to incorporate the Worcester Machine Shop Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Conrt assembled, and by the authority of 
the same, as folloivs : 

Corporators. Sect. 1. William T. Merrifield, Elijah B. Stoddard, 
Dwight Foster, their associates and successors, are hereby 
made a corporation, by the name of the Worcester Machine 
Shop Company, for mechanical and manufacturing purposes, 
in the city of Worcester, in the county of Worcester ; with 
Powers, duties, all the powcrs and privileges, and subject to all the duties, 
'^' restrictions and liabilities, set forth in the thirty-eighth and 

forty-fourth chapters of the Revised Statutes. 
Real estate, Sect. 2. The Said Corporation, for the purposes afore- 

capit'ai, ' said, may take and hold real estate, not exceeding two hun- 
^250,000. (jred thousand dollars ; and their whole capital stock shall 

not exceed two hundred and fifty thousand dollars. 
No shares to Sect. 3. No sharcs in the capital stock of the said cor- 
der par. poratiou 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. [Appj'oved by the Governor, 
April 22, 1854.] 



1854.--CHAPTERS 350, 351. 259 

An Act to establish a Fire Department in tiie Town of Great Barrington. (Jhcij). 350 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. A fire -department is hereby established in the 
town of Great Barrington, subject to all the duties and lia- 
bilities, and with all the powers and privileges, set forth P"^^"s.tiuties, 
and contained in an act entitled "An Act to regulate Fire' ''' 
Departments," passed on the ninth day of April, in the year 
one thousand eight hundred and thirty-nine. 

Sect. 2. This act shall take effect from and after its 
passage. \^Approved by the Governor , April 22, 1854.] 

An Act to authorize the Town of Plymouth to procure a supply of Chctp. ool 

Water. 

Be it enacted by the /Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. The town of Plymouth, in the county of Ply- May purchase 
mouth, is hereby authorized, by and through the agency of ^'^*"''''"'°''^"'^ 

' "^ } ».' o a t/ construct an. 

such officers as the legal voters of said town may elect, to aqueduct. 
acquire and hold by purchase, and convey through any part 
of said town, the water of any pond, spring, or stream in 
said town; to purchase the franchise, rights, fixtures, and 
property of any aqueduct corporation now in existence in 
said town, and to acquire and hold by purchase, any lands 
or other real estate, not exceeding in value twenty thousand 
dollars, which may be necessary for constructing and main- 
taining an aqueduct for the supply of pure water to the 
inhabitants of said town of Plymouth; and said town may 
erect and establish such dams, reservoirs and hydrants, as May erect 
maybe found desirable, and in general do any act necessary '^^"^^' '-^'^• 
or proper for the purpose of constructing and maintaining 
said aqueduct. 

Sect. 2. Said town may lay such pipes as maybe nee- May lay pipes, 
essary for the distribution of water in said town, prescribe ^"^ regulate 

1 „,.,,, , Ti water rents. 

the purposes tor which hydrants may be used, regulate the 
use of water, and establish such prices to be paid for the 
use of the same, as they may deem expedient and proper : 
provided, that not less than five dollars per annum shall be Proviso, 
charged for each family using the same, and a like propor- 
tion in other cases. 
Sect. 3. The said town of Plymouth shall be liable to Damages, &c. 



260 1854.— Chapter 351. 

pay all damages that shall be sustained, by any person or 
corporation, in their property, by the construction of any 
dam, aqueduct, reservoir or other works, for the purposes 
of this act, to be assessed in the manner provided in the 
one hundred and sixteenth chapter of the Revised Statutes ; 
Not to flow but nothin.o; in this act shall authorize said town to flow the 

■without con- 



sent. 



lands of any person or persons without their consent. 



May issue scrip Sect. 4. For the purposc of defraying the expense of 
the construction of said aqueduct, and of the purchase of 
any lands, real estate, rights and franchises, and all other 
expenses incident to the same, the said town may issue 
scrip, notes, or certificates of debt, to be called Plymouth 
Water Scrip, to an amount not exceeding thirty thousand 
dollars, bearing interest at a rate not exceeding the legal 
rate in this Commonwealth, said interest payable semian- 
nually, and the principal payable at periods not exceeding 
thirty years from the date of the issue of said scrip, notes 
or certificates. And said town, in such manner as its legal 
voters may elect, may sell the same, from time to time : 
Proviso. provided^ no scrip shall be issued for the payment of any 
interest on money borrowed for the purpose of this act, 
after the expiration of two years from the completion of 
said waterworks. 
Surpiusincome Sect. 5. The surplus of the net income derived from 
howappie . ^^.^ waterworks, after payment of the s?mi-annual interest 
upon said scrip, and after deducting all the charges of dis- 
tribution and repairs, and other expenses incident to the 
same, shall be set apart as a sinking fund, whibh, with the 
accumulated interest upon the same, shall be devoted to the 
Selectmen to payment of said scrip at maturity. And the selectmen of 
in^°i\md^^'^^" ^^^^ town, for the time being, shall be commissioners to 
hold, invest and manage said sinking fund, rendering to 
said town, at each annual meeting, a statement of the con- 
dition thereof. 

Sect. 6. The selectmen of said town of Plymouth shall 
notify and warn the legal voters of said town, to meet at 
such tim'e and place as said selectmen shall direct, not ex- 
ceeding six months from and after the passage of this act, 
for the purpose of giving in their printed or written votes, 
upon the question whether they will accept the same ; and 
if a majority of the vote so given shall be in the negative, 
this act shall be null and void. 
When to take Sect. 7. This act shall take effect from and after its 
^^^^^' passage. [Approved by the Governor, April 22, 1854.] 



1854.— Chapters 352, 353. 261 

An Act to incorporate the Monumejit Hotel Company. Lyfiap. oO-C 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. James Dana, G. Washington Warren, George Corporators. 
B. Neal, their associates and successors, are hereby made a 
corporation, by the name of the Monument Hotel Company, 
for the purpose of erecting and maintaining in the city of Purpose. 
Charlestown, buildings necessary and convenient for a pub- 
lic house; with all the powers and privileges, and subject to Powers, duties, 
all the duties, liabilities and restrictions, set forth in the '^' 
forty-fourth chapter of the Revised Statutes : provided, how- Proviso. 
ever, that said corporation shall not carry on the business 
of hotel-keeping. 

Sect. 2. Said corporation may hold such real and per- Hold real and 
sonal property, as may be necessary and convenient for the p^'^^"'^^^ ^**^^^ 
purposes aforesaid, not exceeding, in amount, one hundred 
and twenty thousand dollars : provided, however, that no No shares to 
shares in the capital stock of said corporation shall be is- der^pan*^ ^"" 
sued, 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. [^Approved by the Governor, April 24, 1854.] 



An Act authorizing certain Railroads to Tap the Cochituate Water L>hciJ). 606 
Pipe at Charlestovvn. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The Boston and Maine Railroad, the Eastern Corporations 
Railroad, and the Fitchburg Railroad Companies, with the ^^J^^^^^'*- 
assent of the city of Boston, and on such terms and condi- 
tions as the said city shall determine, are hereby severally 
authorized to insert into the main pipe which conveys the 
Cochituate water to the State Prison, a service pipe for the 
purpose of taking water for the use of said corporations 
respectively : provided, that each of said corporations in- Proviso, 
sertiug a service pipe, as aforesaid, pay to the warden of 
the State Prison such sum or sums, for the use of such pipe, 
as may be mutually agreed upon by the inspectors of said 
prison and such corporation. 

Sect. 2. Each of said corporations shall have power, May open 

StTGCtS &C 

with the assent of the city of Charlestown, to open any of ' " 

the streets or ways of said city, that may be necessary for 



262 1854.— Chapters 354, 355. 

the purpose of laying down or repairing the service pipes 
aforesaid. 
To cross Chan- Sect. 3. Each of Said Corporations is hereb}^ authorized 
to carry said service pipe across the channel of Miller's 
River, in such manner as not to interfere with the naviga- 
tion thereof; the manner of crossing said channel to be 
under the direction of a commissioner who shall be ap- 
pointed by the governor for that purpose, and who shall be 
paid for his services by the corporation or corporations 
requiring such services. 

Sect. 4. This act shall be void unless accepted by the 
city council of Boston within sixty days after its passage. 
[App?^oved by the Governor, April 24, 1854.] 

Ghop. 354 An Act in addition to an Act relating to the Annual Reports of Railroad 

Corporations. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

The secretary of the Commonwealth shall cause three 
thousand copies of the annual reports of the several rail- 
road corporations to be printed as document number two 
of the senate, and shall submit the same to the legislature 
on or before the thirty-first day of January in each year. 
[Appi^oved by the Governor, April 24, 1854.] 

Chop. 355 An Act concerning the State Pauper Establishments within this 

Commonwealth. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

^50,000 appro- Sect. 1. The sum of fifty thousand dollars is hereby 
^^^^^^^ ' appropriated to be applied by the commissioners under 

chapter two hundred and seventy-five of the acts of eighteen 
hundred and fifty-two, being an act entitled "An Act in re- 
lation to Paupers having no legal settlement in this Com- 
monwealth," to the objects and in the manner following, to 
wit: — 
Sio,9Go for First. The sum of ten thousand nine hundred and sixty 

ficie^ndes^" doUars, to make up the deficiency in the general appropria- 
tion for the several State Almshouses, caused by the pay- 
ment of architects, commissioners, and for the salary of the 
keeper of Rainsford Island. 



1854.— Chapter 355. 263 

Second. The sum of twelve thousand eight hundred dol- Si2,800 at 
lars for the payment of debts incurred and contracts entered 
into in the building and furnishing of the State Almshouse 
at Monson, and for the construction of sheds, out-houses, 
ice-house, and tomb. 

Third. The sum of eleven thousand two hundred dollars Si.i,200 at 
for the payment of debts incurred and contracts entered " °^^^ ^'^' 
into in the building and furnishing of the State Almshouse 
in Bridgewater, and for the construction of sheds, out-houses, 
ice-house, and tomb. 

Fourth. The sum of fifteen thousand and forty dollars for S}5M0 at 

J. BWKSDUrV 

the payment of debts incurred and contracts entered into in 
the building and furnishing of the State Almshouse at 
Tewksbury, and for the construction of sheds, out-houses, 
ice-house, and tomb. 

Sect. 2. The treasurer of the Commonwealth is hereby Treasurer may 
empowered, under the direction of the governor, with the 
advice and consent of the council, to issue scrip or certifi- 
cates of debt, in the name and behalf of the Commonwealth, 
and under his signature and the seal of the Commonwealth, to 
an amount not exceeding fifty thousand dollars, bearing an 
interest of five per cent, per annum, payable semi-annually, 
with warrants for the interest attached thereto, which scrip 
or certificates shall be redeemable in twenty years from the 
date thereof, and be deemed a pledge of the faith and credit 
of the Commonwealth ; and the said treasurer may, under 
the direction of the governor, dispose of auy portion of said 
scrip at any price not less than its par value. 

Sect. 3. The premium, if any, which may be received Premium, how 
upon the sale of the scrip herein-before authorized, shall be ' '"^"^^ 
added, in equal sums, to the several appropriations to the 
State Almshouses at Monson, Bridgewater, and Tewksbury, 
made by this act. 

Sect. 4. The governor, with the advice and consent of Governor may 
the council, may transfer such portions of the sums appro- pHatio^ns^ 
priated to the several State Almshouses as may not be 
needed, to each and any one of said buildings, when it shall 
be found necessary for the completion or furnishing thereof. 

Sect, 5. Three thousand dollars annually, in addition sinking fund. 
to the sum provided by section thirteen of chapter two hun- 
dred and seventy-five of the acts of eighteen hundred and 
fifty-two, shall be reserved from the amount received from 
alien passengers arriving in the Commonwealth, to consti- 
tute a sinking fund for the redemption of the scrip issued 
both under this act and chapter three hundred and fifty-two 



264: 1854.— Chapters 356, 357. 

of the acts of eighteen hundred and fifty-three, entitled 
"An Act concerning the State Pauper Establishments within 
this Commonwealth." 
Future con- Sect. 6. All coutracts to be made after the passage of 
made!' °^ this act, either for materials or labor for completing said 
almshouses, sheds, out-houses, ice-houses, tombs, or any other 
thing, shall be made and performed under the direction of the 
superintendent and inspectors of the several establishments, 
any thing in this or any other act to the contrary notwith- 
standing; and the term of service of the commissioners 
appointed under the act of eighteen hundred and fifty-two, 
chapter two hundred and seventy-five, shall expire on the 
first day of May ensuing. 

Sect. 7. This act shall take eiFect from and after its 
passage. 'iApproved by the Governor, April 24, 1854.] 



Chap. 356 An Act to incorporate the Hebrew Mutual Relief Society. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Corporators. Sect. 1. L. Cudkirk, M. Goodheim, Julius Felbel, J. 
Bornstein, Henry S. Spia, their associates and successors, 
are hereby made a corporation, by the name of the Hebrew 
Mutual Relief Society, in the city of Boston, for the pur- 
Purpose, pose of affording, by means of a stated contribution from 
the members, relief to each other in cases of sickness ; and 
by the same means to raise a fund, from which shall be de- 
frayed the expense of the funeral of a member, or of any 
of his family; and from which other charitable disburse- 
Powers, privi- mcuts may be made ; 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. 
Hold real and Sect. 2. The Said Corporation may hold, for the pur- 
persona estate pQggg aforesaid, real or personal estate, or both, to an 
amount not exceeding twenty thousand dollars. {^Approved 
by the Governor, April 24, 1854.] 

L'hnp. o57 An Act to incorporate the Newburyport Five Cents Savings Bank, in 

Newburyport. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Dudley D. Tilton, John Balch, E. S. Lesley, 
John Potter, Daniel P. Pike, Benjamin J. Lane, L. F. 



1854.— Chapter 358. 265 

Dimick, D. M. Reed, S. F. Spaulding, William C. Balch, R. 
Plummer, their associates and successors, are hereby made 
a corporation, by the name of the Newburyport Five Cents 
Savings Bank, to be established in the city of Newburyport, 
with all the powers and privileges, and subject to all the Powers.duties. 
duties, liabilities and restrictions, set forth in the thirty- 
sixth chapter of the Revised Statutes, and in all other laws 
of this Commoiwealth, relating to institutions for savings. 

Sect. 2. Said corporation shall receive on deposit, sums Deposita. 
as small as five cents. 

Sect. 3. Whenever any deposit shall be made by any Trustees may 
minor, the trustees of said corporation may, at their dis- ^^^ "^^^ 
cretion, pay to such depositor, such sums as may be due to 
him or her, although no guardian shall have been appointed 
for such minor, or the guardian of such minor shall not have 
authorized the drawing of the same ; and the check, receipt 
or acquittance of such minor, shall be as valid as if the 
same was executed by a guardian of such minor, or the said 
minor was of full age, if such deposit was made personally 
by said minor. 

Sect. 4. This act shall take effect from and after its 
passage. [Approved by the Governor, April 24, 1854.] 

An Act to protect the Property of the Humane Society of Massachusetts. Chap. 358 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. Every person who shall, unlawfully, enter any Trespassers, 
house or hut, the property of the Humane Society, and wil- °^ ^^'^^^ 
fully injure, destroy, remove or carry away, any food, fuel, 
oil, candles, furniture, utensils or other property belonging 
to said society, or who shall unlawfully or wilfully enter any 
boat-house, and carry away, remove or injure, any life-boat, 
car, or any of the ropes, tackle, oars, or any appurtenance 
thereof, or wilfully injure or destroy, or unlawfully use or 
commit any trespass upon, the property of said society, in- 
tended or kept for the purpose of saving or preserving 
human life, or who shall commit any trespass upon any such 
hut or boat-house, shall be deemed guilty of a misdemeanor, 
and be liable to be tried, on indictment or complaint, before 
any court or justice of the peace of the county in which 
said offence shall be committed, proper to try the same ; 
and on conviction thereof, shall be punished by fine not ex- 
ceeding one hundred dollars, or by imprisonment in the 
34 



266 1854.— Chapters 359, 360. 

common jail or house of correction not exceeding ninety 
days, according to the nature and aggravation of the of- 
fence : provided, however, that this act shall not apply to 
persons for whose use said boats, houses, and other proper- 
ty are intended and kept. 
Diity of cer- Sect. 2. It shall bc the duty of all pilots, commission- 
ers of wrecks, sheriffs, and their deputies, and constables, 
to make complaint against all persons guilty of any offence 
under this act. {^Approved hy the Goverjior, April 24, 
1854.] 



tain officers. 



Chap. 609 An Act granting certain powers to the Greenfield Aqueduct Company, 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

May enter up- Sect. 1. The Greenfield Aqueduct Company is hereby 
hnds.*^ *^'^ ^^ authorized, to enter upon, and dig up, any and all lands, 
necessary for laying and maintaining aqueducts, reservoirs 
and fountains, required for the use of their works. 
Landdamages, Sect. 2. All damages Sustained by entering upon, or 
how recovered, ^jg^^-j^g ^^p lands for either, or any of the above purposes, 
shall be ascertained, determined and recovered, in the same 
manner as is now provided in cases where land is taken for 
highways ; and no construction of any work by said corpo- 
ration, shall be commenced until all damages shall have 
been ascertained, or agreed upon, and paid to the person or 
persons damaged thereby. 
Same remedy Sect. 3. In casc any damage shall arise, thereafter, from 
for fiowage. ^^.^ works, by reason of any leakage, flowage, or other un- 
foreseen cause, the individuals, so damaged, shall have the 
same remedy as is provided in the preceding section. 

Sect. 4. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, April 24, 1854.] 



Chap. 360 An Act to incorporate the Reading Lyceum Hall Association. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Corporators. Sect. 1. Edward Safford, Samuel T. Ruggles, Ignatius 
Sargent, their associates and successors, are hereby made a 
corporation, by the name of the Reading Lyceum Hall As- 

Purpose. sociation, for the purpose of erecting, holding and managing, 

a Lyceum Hall, in the town of Reading, with all the rights 



1854— Chapters 361, 362. 267 

and privileges, and subject to all the duties, liabilities and Duties, liabiii- 
restrictions, set forth in the forty-fourth chapter of the Re- *^^^' *''• 
vised Statutes. 

Sect. 2. The said corporation, for the purpose afore- Hold real and 
said, may hold real and personal estate, to an amount notP"^°°*^^^*^*® 
exceeding twenty-five thousand dollars. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, April 1^, 1854.] 

An Act to regulate the Inspection and Measurement of Bark. Chap. 361 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

The government of any city of this Commonwealth which. Cities may reg- 
by a vote of its city council, shall adopt this act, may estab- ' 
lish ordinances and regulations, with suitable penalties, for 
the inspection, survey, admeasurement and sale of bark, for 
fuel or manufacturing purposes, brought by land or by water 
into said city for sale, whether the same shall be exposed 
for sale in ranges or upon any cart or other vehicle ; and 
said city may also provide for the appointment of such sur- 
veyors, inspectors, and other officers, as may be necessary 
to carry into effect said ordinances, and may establish their 
fees of office : provided, however, that no one penalty for 
any one violation shall exceed the sum of five dollars. 
[Approved by the Governor, April 24, 1854.] 



An Act to incorporate the Boston Provident Association. ^, nnn 

^ Chap. 6b Z 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Ephraim Peabody, F. B. Parker, J. D. W. Joy Corporators, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Boston Provident Association, for 
the purpose of suppressing street beggary, and of elevating Purpose, 
and improving the condition of the poor ; with all the pow- Powers, privi- 
ers and privileges, and subject to all the duties, liabilities ^°^^' 
and restrictions, set forth in the forty-fourth chapter of the 
Revised Statutes. 

Sect. 2. Said corporation may hold real and personal Hold real and 
estate, not exceeding in amount the sum of fifty thousand ^^^^°^^ ^^ ^ ^ 
dollars, to be exclusively devoted to the purpose above- 
named. [Approved by the Governor, April 24, 1854.] 



268 1854.— Chapters 363, 364, 365. 

Chcip. 363 An Act to incorporate the River-Side Academy. 

Be it enacted by the Senate and House of Representa- 
tives, in General Conrt assembled, and by the authority of 
tJie same, as folloios : 

Corporators. Sect. 1. A. F. Hildretli, J. E. Woodbridge, S. J. Eaton, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the River-Side Academy, in the town 

Powers.duties, of Newton, in the county of Middlesex, 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. 

Hold real and Sect. 2. Said Corporation may hold real and personal 

persona es a e pg|.g^^g^ ^^ ^l^g aiBOunt of twcnty-five thousaud dollars. [Ap- 
proved by the Governor, April 24, 1854.] 

Ghcip. od4 An Act to change the Name of the South Parish in Scituate. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The corporate name of the South Parish, in Scituate, is 
hereby changed, and said parish shall hereafter be called 
and known by the name of the First Parish in South 
Scituate. [Approved by the Governor, April 24, 1854.] 

Chap. 365 An Act to incorporate the Trustees of the Severy School Fund, in 

Gardner. 

Be it enacted by the Senate a7id House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Trustees of Sect. 1. The inhabitants of school district number two, 
in the town of Gardner, at any meeting duly called urder a 
warrant having an article therein for that purpose, may elect 
three persons, who shall thereafter be constituted a body 
corporate, by the name of the Trustees of the Severy School 

Vacancies, Fund, in South Gardner; and whenever a vacancy shall 
occur in the said board of trustees, such vacancy shall be 
supplied by a new election by the inhabitants aforesaid, at 
a meeting duly called, in the manner above provided, for 
that purpose. 

Power of trus- Sect. 2. Such trustees, or a major part thereof, shall 

*^^^' have full power and authority to take and receive from the 

trustees appointed under and by virtue of the last will and 



1854.— Chapters 366, 367. 269 

testament of Abijah M. Severy, late of said Gardner, de- 
ceased, the income of the fund bequeathed in said last will, J°^^^^ °/j^^^g"/ 
for the purpose of being expended for the support of a ""^^^p^^ 
school for the benefit of the inhabitants of South Gardner 
Village, and to manage and expend the same for the support 
of a school, in conformity with the directions contained in 
said "will. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, April 24, 1854.] 

An Act lo incorporate the Proprietors of the Parsonage in the First iyflCip. oDO 
Parish in Amherst. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the aut/iority of 
the same, as follows : 

Sect. 1. John Dickinson, John Leland, Edward Dickin- Corporators, 
son, their associates and successors, are hereby made a cor- 
poration, by the name of the Proprietors of the Parsonage 
in the First Parish in Amherst ; with all the powers and Powers, duties, 
privileges, and subject to all the duties, restrictions and 
liabilities, contained in the forty-fourth chapter of the Re- 
vised Statutes. 

Sect. 2. Said corporation may hold real and personal Hold real and 

, , rr- • I f • -I ±. j-i.' personal estate 

estate, sufficient for said parsonage, to an amount not ex- "^ 
ceeding in value five thousand dollars, in shares at fifty 
dollars each. [Approved by the Governor, April 24, 1854.] 

An Act in relation to the Militia. Chap. 367 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The commanding officer of each brigade shall. Time of mak- 
withiu thirty days after each tour of camp duty performed ^"^"^^ ^^^^' 
by the troops under his command, transmit to the command- 
ing officer of his division a correct return of the state of 
his brigade, as furnished by the brigade-major, in conformity 
to section eleventh of chapter two hundred and eighteen of 
the acts of the year eighteen hundred and forty-nine. 

And the commanding officer of each division shall, within 
ten days after the receipt of said returns of the brigades 
under his command, transmit to the office of the adjutant- 
general a correct return of the state of his division, as 
derived from said brio;ade returns. 



270 



1 85 4.--CH AFTER 367. 



Penalty for 
neglect. 



Elementary 
drills. 



Penalty for 
non-attend- 



Amount for 
travel to be 
certified. 



Commanding 
officers may 
discharge, &c. 



Proviso. 



Sect. 2. The penalty for neglecting to make the returns 
aforesaid shall be one hundred dollars in each case, to be 
recovered in the manner provided in section twelve, chapter 
two hundred and eighteen, of the acts of the year eighteen 
hundred and forty-nine. 

Sect. 3. The commanding of&cer of every regiment, bat- 
talion or detached compan}^, may order out the commissioned 
and non-commissioned officers under his command, for ele- 
mentary drill, two separate days between the middle of 
May and the middle of July, in each year, at such place as 
he shall deem most convenient ; and if the place of any such 
commissioned or non-commissioned officer, in any company, 
shall be vacant, from any cause, it shall be the duty of the 
commanding officer of such company to detail from the pri- 
vates under his command, a number sufficient to make up the 
complement of commissioned and non-commissioned officers 
to which by law his company is entitled. 

And each person so ordering and so ordered, that shall 
attend any such drill, shall receive, for his necessary travel 
to and from the place of drill, the sum of five cents per mile, 
not exceeding forty miles in all. 

Sect. 4. Every commissioned, non-commissioned officer 
or private, unnecessarily neglecting to attend, at the time 
and place appointed for drill, as aforesaid, shall forfeit and 
paiy the sum of three dollars for every such neglect, to be 
recovered by any commissioned officer, in and for the use 
of his regiment, battalion, or detached company. 

Sect. 5. The amount to which each person is entitled 
for travel, as aforesaid, shall be certified to the adjutant- 
general, under oath, by the commanding officer of each regi- 
ment, battalion, or detached company, and the same shall be 
paid from the treasury of the Commonwealth, as follows, 
viz. : That portion for travel of commissioned officers, non- 
commissioned officers and privates of companies, to the 
commanding officers thereof, and that portion for travel of 
field and staff'-officers of regiments or battalions, to the 
commanding officers thereof respectively, to be by them 
paid over to the parties entitled thereto. 

Sect. 6. Any commanding officer of a regiment or bat- 
talion may, upon the written application of the commanding 
officer of any company in his regiment or battalion, discharge 
any non-commissioned officer or private from such company : 
provided, such application be accompanied by a request in 
writing therefor, signed by said non-commissioned officer 
or private ; and any commanding officer of a detached com- 



1854.—CHAPTER 367. 271 

pany may, upon application in writin,(?, signed by any member 
of his company, discharge said member therefrom ; and in 
all cases the commanding officers of regiments, battalions, 
or detached companies, may grant discharges of non-com- 
missioned officers or privates, when requested so to do by 
a vote of a majority of the active members of the company, 
of which the party whose discharge is sought is a member. 

Sect. 7. No complaint or charge shall be preferred Complaints, 
against any commissioned officer by any non-commissioned 
officer or private, unless for some offence committed by such 
commissioned officer while in the actual service of the State, 
or of the United States ; nor unless such complaint or charge 
be preferred by such non-commissioned officer or private 
before leaving the service. 

Sect. 8. Any captain, or staff-officer of the rank of cap- Presiding offi- 

*/ i ' ■•■ CGr 3,t BiGCtlOnS 

tain, may preside at the election of any officer of equal or 
inferior grade within the limits of his regiment or battalion, 
and in all elections of officers of whatever rank, the presid- 
ing officer shall keep a record of the proceedings at such 
elections, and make return thereof to the commanding offi- 
cer of his battalion, regiment, brigade or division, as the 
case may be. 

Sect. 9. All elections of officers shall be holden at the Where held, 
place most convenient of access to a majority of the elect- 
ors ; and any officer ordering an election may preside thereat 
himself, or he may detail for that purpose some other officer 
of suitable rank. And in case the officer attending any 
such election shall be obliged to go out of the limits of the 
city or town in which lie resides, he shall be allowed for 
travel at the rate of five cents per mile each way. 

Sect. 10. The nineteenth section of chapter twelve of inconsistent 
the Revised Statutes ; the third section of chapter one hun- ^'^ ^ ^^^^^ ^ 
dred and four of the acts of the year eighteen hundred and 
fifty-two ; so much of the tenth and eleventh sections of 
chapter two hundred and eighteen of the acts of the year 
eighteen hundred and forty-nine, as requires duplicate re- 
turns to be made to the adjutant-general, and all other acts 
and parts of acts inconsistent with the provisions of this 
act, are severally hereby repealed. 

Sect. 11. This act shall take effect from and after its 
passage. [Approved by the Governor, April 25, 1854.] 



272 1854.— Chapter 368. 

Chap. 368 An Act to incorporate the Tremont Wharf Company, in Boston. 

Be it enacted by the Seriate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Corporators. Sect. 1. GeorgG Peabodv, John Eliot Thayer, Nathan- 
iel Thayer, their associates and successors, are hereby 
made a corporation, by the name of the Tremont Wharf 
May hold prop- Company; with power to purchase and hold, in fee simple, 
or525C))ooo!!^"'^ or otherwise, as the title may be, any part, or the whole of 
the estate on Commercial Street, in Boston, and known as 
Fiske's Wharf, with all the privileges and appurtenances to 
the same belonging ; and also, any lands, tenements, and he- 
reditaments adjoining said estate, not exceeding in value, at 
the time of the purchase thereof, together with said estate, 
May construct the sum of two hundred and fifty thousand dollars. And 
docks, &c. ^i^g g^-^ corporation may construct docks and wharves ; lay 
vessels within the same, and at the side thereof, and receive 
dockage and wharfage therefor ; erect buildings, lay out 
streets and passage ways, and improve and manage said 
property for mercantile purposes, in such manner as to them 
shall seem expedient, and may sell and convey the same, or 
Proviso. any part thereof: provided, however, that nothing herein 

contained shall authorize the said corporation to infringe 
upon the legal rights of any person, or to build any wharf 
or other structure on the premises, which is not now 
authorized by law. 
2,500 shares, of Sect. 2. Said Corporation may, at any legal meeting, 
5100 each. agree upon the number of shares, not exceeding twenty-five 
hundred, into which their stock shall be divided, which 
shares shall be personal estate, and shall be transferable in 
a book to be kept by the clerk of the corporation for that 
purpose ; may, from time to time, assess upon the stock- 
holders such sums of money, not exceeding in the whole, 
one hundred dollars on each share, as may be necessary for 
the purchase, improvement and management of their estate, 
and may, in case any stockholder shall neglect to pay any 
Shares sold for such asscssmcut, causc such of the shares of said stockhold- 
non-payment. gj.^ j^g j-^-^^^ ]jg sufficient thcrcfor, to be sold, in such manner 
as the said corporation may, by their laws, determine : pro- 
Proviso. vided, however, that such sale shall be by public auction, to 

the highest bidder, after giving notice of the time and place 
appointed for such sale, and the sum due on each share, by 
advertising the same, three weeks successively, in some 
newspaper printed in Boston; and the surplus proceeds of 



1854.— Chapters 369, 370. 273 

such sale, above the assessment so due, with interest and 
charges of sale, shall be repaid to such delinquent stock- 
holder. 

Sect. 3. Said corporation shall have all the powers and Powers, duties, 
privileges, and be subject to all the duties, restrictions 
and liabilities, contained in the forty-fourth chapter of Re- 
vised Statutes. [Approved by the Governor, April 25, 
1854.] 



An Act to incorporate the Shoe and Leather Dealers' Marine Insurance Chop. 369 

Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Francis S. Newhall, George Hood, Francis Corporators. 
Dane, their associates and successors, are hereby made a 
corporation, by the name of the Shoe and Leather Dealers' 
Marine Insurance Company, to be established in the city of 
Boston, for the purpose of making insurance against mari- Purpose, 
time losses, with all the powers and privileges, and subject Powers, privi- 
to all the duties, liabilities and restrictions, set forth in the ^^^'' °" 
thirty-seventh and forty-fourth chapters of the Revised Stat- 
utes, and all general laws, which are now, or may hereafter 
be in force, relative to insurance companies. 

Sect. 2. The said corporation shall have a capital stock ^i?J,*o\^*°^^' 
of one hundred and fifty thousand dollars, divided into jn shares'of 
shares of one hundred dollars each; with liberty to pay inSioneach. 
and increase the same to any amount not exceeding five hun- ^o'soo" ooo^^ 
dred thousand dollars ; and may hold real estate for its use. Real estate, 
not exceeding fifty thousand dollars. goOfioo. 

Sect. 3. This act shall take effect from and after its 
passage. [Appi^oved by the Governor^ April 25, 1854.] 

An Act to incorporate the Cambridge Glass Company. Chap. 370 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Samuel Slocomb, John Livermore, Edward Corporators. 
Richardson, their associates and successors, are hereby made 
a corporation, by the name of the Cambridge Glass Com- 
pany, for the purpose of manufacturing glass in the city of 
Cambridge, in the county of Middlesex ; with all the pow- Powers.duties, 
ers and privileges, and subject to all the duties, restrictions ^'^' 
35 



274 



1854.— Chapter 371. 



and liabilities, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 

Sect. 2. The said corporation may hold real and per- 
sonal estate, necessary and convenient for the purpose afore- 
said, not exceeding in amount, one hundred and fifty thousand 
No shares to dollars: provided, however, that no shares in the capital 
e issue un- g^Q^j^ ^^ g^^j^ 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. [Approved by the 
Governor, April 25, 1854.] 



5150,000 real 
and personal 
estate. 



der par. 



Chap. 3 i 1 An Act to incorporate the Massachusetts Emigrant Aid Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the saine, as follows : 

Corporators. Sect. 1. Benjamin C. Clark, Isaac Livermore, Charles 
Allen, Isaac Davis, William G. Bates, Stephen C. Phillips, 
Charles C. Hazewell, Alexander H. Bullock, Henry Wilson, 
James S. Whitney, Samuel E. Sewall, Samuel Gr. Howe, 
James Holland, Moses Kimball, James D. Green^ Francis 
W. Bird, Otis Clapp, Anson Burlingame, Eli Thayer, Otis 
Rich, their associates, successors and assigns, are hereby 
made a corporation, by the name of the Massachusetts Em- 
igrant Aid Company, for the purpose of assisting emigrants 
to settle in the West ; and for this purpose, they shall have 

Powers, duties, all the powcrs 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. 

Sect. 2. The capital stock of said corporation shall not 
exceed five millions of dollars. Said capital stock may be 
invested in real and, personal estate : provided, the said 
corporation shall not hold real estate in this Commonwealth 
to an amount exceeding twenty thousand dollars. 

Sect. 3. The capital stock of said corporation shall be 

T£lt°'^ ^^' divided into shares of one hundred dollars each ; but no 
more^than four dollars on each share shall be assessed 
during the year eighteen hundred and fifty-four, and no more 
than ten dollars on each share shall be assessed in any one 
year thereafter. 

Votes of stock Sect. 4. At all meetings of the stockholders, each stock- 
holder shall be entitled to cast one vote for each share held 
by him : provided, that no stockholder shall be entitled to 
cast more than fifty votes on shares held by himself, nor 
more than fifty votes by proxy. 



Purpose. 



Capital stock, 
^5,000,000. 

Proviso. 



Shares (glOO 



holders. 



1854.--CHAPTEII 372. 275 

Sect. 5. This act shall take eflfect on and after its 
passage. [Approved by the Governor, April 26, 1854.] 

An Act establishing the Salaries of Judges and Registers of Probate. OnCip. o i 2 

Be it enacted by the Senate and House of Representa- 
tives, in General Coiu't assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. The several judges and registers of probate Salaries estab- 
shall receive for their services, an annual salary, as speci- ^'^^^^• 
fied herein : — 

The judge of probate for the county of Suffolk, the sum 
of nine hundred dollars. 

The judge of probate for the county of Essex, the sum 
of eight hundred dollars. 

The judge of probate for the county of Middlesex, the 
sum of eight hundred dollars. 

The judge of probate for the county of Worcester, the 
sum of eight hundred dollars. 

The judge of probate for the county of Plymouth, the 
sum of five hundred dollars. 

The judge of probate for the county of Bristol, the sum 
of five hundred dollars. 

The judge of probate for the county of Barnstable, the 
sum of five hundred dollars. 

The judge of probate for the county of Dukes County, 
the sum of one hundred and fifty dollars. 

The judge of probate for the county of Nantucket, the 
sum of two hundred dollars. 

The judge of probate -for the county of Berkshire, the 
sum of four hundred and twenty-five dollars. 

The judge of probate for the county of Norfolk, the sum 
of six hundred dollars. 

The judge of probate for the county of Hampden, the 
sum of three hundred and fifty dollars. 

The judge of probate for the county of Franklin, the sum 
of three hundred dollars. 

The judge of probate for the county of Hampshire, the 
sum of three hundred dollars. 

The register of probate for the county of Plymouth, the 
sum of seven hundred dollars. 

The register of probate for the county of Bristol, the 
sum of eight hundred dollars. 

The register of probate for the county of Barnstable, the 
sum of five hundred and fifty dollars, 



276 1854.— Chapter 373. 

at 

The register of probate for the county of Dukes County, 
the sum of one hundred and seventy-five dollars. 

The register of probate for the county of Nantucket, the 
sum of three hundred dollars. 

The register of probate for the county of Berkshire, the 
sura of six hundred dollars. 

The register of probate for the county of Norfolk, the 
sum of eight hundred dollars. 

The register of probate for the county of Hampden, the 
sum of six hundred dollars. 

The register of probate for the county of Franklin, the 
sum of four hundred and fifty dollars. 

The register of probate for the county of Hampshire, 
the sum of four hundred and seventy-five dollars. 
How paid. Sect. 2. The said salaries shall be paid in equal quar- 

terly payments, out of the treasury of the Commonwealth, 
on the first days of January, April, July, and October, in 
every year, and in the same proportion for any part of a 
quarter, when necessary. 
When to com- Sect. 3. The salaries herein provided, shall commence 
^^^'^^^ on the first day of January last. 

Inconsistent Sect. 4. All acts and parts of acts inconsistent with 
acts repealed. ^-^^ provisions of this act, are hereby repealed. 

Sect. 5. This act shall take effect from and after its 
passage. [Approved by the Governor, April 27, 1854.] 



Chap. 373 An Act concerning the Salary of the Adjutant-General. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Salary fixed. Sect. 1. The salary of the adjutant-general of this 
Commonwealth shall hereafter be at the rate of fifteen hun- 
dred dollars a year, payable quarterly. 
"When to com- Sect. 2. The salary aforesaid shall be computed and 
™®°*'^" paid from and after the first day of January last. 

Part of act re- Sect. 3. Section first of chapter thirteen of the statutes 
pealed. ^^ eighteen hundred and forty-three, is hereby repealed. 

Sect. 4. This act shall take efi"ect from and after its 
passage. {Approved by the Governor, April 27, 1854.] 



1854.— Chapters 374, 375. 277 

An Act to incorporate the Springfield Five Cents Savings Bank. Chap. 374 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. George W. Rice, William B, Calhoun, Harvey Corporators. 
Danks, J. T. Eockwood, Ephraim W. Bond, S. S. Rollins, 
Horace Cutler, J. Stearns, Daniel Bontecou, Jos. E. Pyn- 
chon, C. 0. Chapin, E. Brigham, their associates and succes- 
sors, are hereby made a corporation by the name of the 
Springfield Five Cents Savings Bank, to be established in 
the city of Springfield ; with all the powers and privileges. Powers, duties, 
and subject to all the duties, liabilities and restrictions, ^^' 
set forth in the thirty-sixth chapter of the Revised Statutes, 
and in all other laws of this Commonwealth relating to in- 
stitutions for savings. 

Sect. 2. Said corporation shall receive on deposit sums Deposits. 
as small as five cents. 

Sect. 3. "Whenever any deposit shall be made by any Trustees may 
minor, the trustees of said corporation may, at their discre- ^^^ °^^°°^ ' 
tion, pay to such depositor such sums as may be due to him 
or her, although no guardian shall have been appointed for 
such minor, or the guardian of such minor shall not have 
authorized the drawing the same; and the check, receipt Minor's receipt 
or acquittance of such minor shall be as valid as if the same 
was executed by a guardian of such minor, or the said minor 
was of full age, if such deposit was made, personally, by said 
minor. 

Sect. 4. This act shall take effect from and after its pas- 
sage. \^Approved by the Governor, April 27, 1854.] 



An Act to authorize the City of Boston to Appropriate Money for the Chcw. 375 
Relief of the Families of Disabled Firemen. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The city of Boston is hereby authorized to Relief of fiie- 
expend a sum not exceeding one thousand dollars annually, ™^'^' 
under the direction of the city council, for the relief of such 
firemen as shall have been disabled in the service of the 
said city, and for the relief of the families of such firemen 
as have been killed in the performance of their duties. 

Sect. 2. This act shall take effect from and after its 
acceptance by the city council of Boston. {^Approved by the 
Governor, April 27, 1854.] 



278 



1854.— Chapter 376. 



GhciJ). Sib An Act to authorize the County Commissioners of the County of Middlesex 
to alter the Highway and Bridge between Charlestown and Cambridge. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authoi'ity of 
the same, as folloivs : 

Highway and Sect. 1. The countj commissioners of the county of 
11 ge a ere . jy^j-jj^jjgggj. ^^e hereby authorized and empowered so to alter 
the highway and bridge between Charlestown and Sam- 
bridge, established by the act passed April twenty-fourth, in 
the year eighteen hundred and thirty-eight, being chapter 
one hundred and seventy-four of the laws of that year, as 
to afibrd greater security to the public travel across the 
several railroads crossing said highway or bridge, and 

Proviso. greater facilities for navigation : provided, the same can be 

done with the concurrence, and at the expense, of said rail- 
road corporations. 

May take land. Sect. 2. The Said county commissioners are hereby 
authorized to enter upon and take so much of the land of 
the Commonwealth connected with the State Prison as may 
be necessary for the carrying out of the purposes of this 

Proviso. act : provided, however, that the alignment of the road, in 

front of the State Prison premises, shall be improved by 
running in a straight line from a point on the line of the 
land now or late belonging to one Foss, not less than 
eighty-two feet from the south-easterly corner of the new 
wing of the State. Prison; and thence running in a south- 
westerly direction, to such a point on the line of the State 
Prison premises, on Austin Street, as shall carry the line 
of the highway at a distance of not less than twenty-eight 
feet from the said corner of the new wing of the State 
Prison; that the land between said line and the State 
Prison premises shall become the property of the Common- 
wealth for the purposes of the Prison; and that the dam- 
ages which may accrue in consequence of such straightening 
of the highway over and above the value of the Prison 
lands, so taken, shall be borne by the Commonwealth. 

Injured parties Sect. 3. All pcrsous injured in their property by said 

may recover, alteration, shall be entitled to remedies by like course of 
proceeding, and to the same extent as is now provided by 
law for the assessment of damages occasioned by the laying 
out, alteration or discontinuance of highways. 

Repairs, &c. Sect. 4. The citics of Cambridge and Charlestown shall 
not be required to pay any greater sum toward the main- 
tenance and repair of said highway and bridge, so altered 



1854.— Chapter 377. 279 

as aforesaid, than they now are required to pay toward the 
maintenance and repair of said highway and bridge. 

Sect. 5. This act shall take effect from and after its 
passage. [Approved hy the Governor, April 27, 1854.] 



An Act relating to Sales under Powers in Mortgage Deeds, G/iap. o i 7 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. In all cases in which a power of sale is contain- Saiemay be de- 
ed in a mortgage deed of real property, when a conditional to^deed" oT^^* 
judgment has been entered, the demandant may, if he so mortgage. 
elect, instead of a writ of possession, have a decree entered, 
that the property be sold pursuant to the power of sale in 
the deed of mortgage, and thereupon the demandant shall 
give such notices, and do all such acts, as are authorized 
and required by such power, or by the court passing such 
decree ; and if the deed of mortgage containing such power 
of sale was executed by a man having at the time no lawful 
wife, or if, being married, the wife of the mortgagor joined 
in such deed in token of her release of dower, such sale 
shall be effectual to bar all Maim and possibility of dower 
in the land so mortgaged. 

Sect. 2. The party so selling shall, within ten days after Report of sale 
such sale, make a report thereof, and of his doings, to the ^n^days*^'^ 
court, under his oath, and file the same in the clerk's ofiice, 
and the same may be confirmed and allowed, or set aside 
and a resale ordered, as to the court shall seem lawful. 
Any person interested may intervene, or be summoned and 
heard on such proceedings, and the order of the court con- 
firming the sale shall be conclusive evidence as against all 
persons, that the power of sale was duly executed. 

Sect. 3. If the tenant in the action in which such de- Parties inter- 
cree of sale is to be made shall not be seized in fee simple^ ^®'^,^^^'''^'^^' 

^ fore decree. 

m possession of the whole equity of redemption of the land 
demanded, no decree for a sale shall be made until all par- 
ties interested in such equity of redemption, and whose 
estate, or interest therein, would be affected by such sale, 
including any married woman having right or possibility of 
dower, shall have been summoned to appear, and shall have 
had due opportunity to be heard, according to the order of 
court. [Approved by the Governor, April 27, 1854.] 



280 



1854.— Chapters 378, 379. 



Chap. 378 An Act to Prevent the Obstruction of Streets by Railroads. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, arid by the authority of 
the same, as follows : 

Penalty. If any railroad corporation, or their servants or agents, 

shall wilfully or negligently obstruct any highway, townway, 
or public street, in this Commonwealth by their engines, 
tenders or cars, such corporation shall be liable to a fine 
not exceeding one hundred dollars for every such offence, to 
be recovered by indictment in the court of common pleas 
held for the county in which such offence shall be committed. 
[Approved by the Governor, April 27, 1854.] 



Chap. 



Corporators. 



Purpose. 



Powers, privi- 
leges, &c. 



Real estate, 
5-50,000 ; 
capital, 
|;300,000. 



No shares to 
be issued un- 
der par. 



379 An Act to incorporate the New England Wax Thread Sewing Machine 

Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Elmer Townsend, William Butterfield, Edgar 
M. Stevens, their associates and successors, are hereby made 
a corporation, by the name of thje New England Wax Thread 
Sewing Machine Company, for the purpose of constructing 
sewing machines, suitable for the manufacture of boots, 
shoes, harnesses, sails, garments, and other articles manu- 
factured from leather, India rubber, cloth, or other fabrics, 
in the city of Boston, in the county of Suffolk ; with all the 
powers and privileges, and subject to all the duties, liabili- 
ties and restrictions, set forth in the thirty-eighth and 
forty-fourth chapters of the Revised Statutes. 

Sect. 2. The said corporation may hold, for the pur- 
poses aforesaid, real estate not exceeding the amount of 
fifty thousand dollars ; and the whole capital stock of said 
corporation, shall not exceed the amount of three himdred 
thousand dollars. 

Sect. 3. No shares, in the capital stock of said corpora- 
tion, 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. 

Sect. 4. This act shall take effect from and after its 
passage. [Appy^oved by the Governor, April 27, 1854.] 



1854.— Chapters 380, 381. 281 

An Act to Prevent Extortion by Witnesses. Lliap. OOU 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority cf 
the same, as follows : 

If any person, with a design to defraud, shall sign a cer- Penalty for 
tificate of attendance or travel as a -witness before any "rtiticates. 
court or justice of the peace, or before any reference found- 
ed upon any rule of court in any case in which he did not 
so attend, or for a greater number of days than he did 
actually attend, or for a greater number of miles than he 
did actually travel, upon which said certificate the attendance 
or travel so claimed shall be allowed in the taxation of 
costs, every person signing such false certificate, and every 
person procuring such signature, shall forfeit and pay thirty 
dollars for every such offence, which sum may be recovered 
for the use of the Commonwealth, by indictment, in any 
court proper to try the same ; or it may be recovered for 
the use of any person against whom such excessive costs 
may have been taxed, together with four times the whole 
amount which may have been taxed for attendance or travel 
on such false certificate, and double costs, in an action of 
tort, to be brought by the person against whom such exces- 
sive costs may have been taxed : provided, however, that no Proviso, 
such indictment or action shall be commenced, unless within 
two years after the committing of the offence. \^Approved 
by the Governor, April 27, 1854.] 

An Act for the Obtaining Lands for Public Purposes. Chap. 381 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. His excellency the governor, with the advice of Lands to be 
the council, is hereby authorized to purchase or take for the P^''^^^^ed. 
use of the Commonwealth, as is herein-after provided, for 
the purpose of extending the limits of the State Prison, the 
whole or any part of the lands lying contiguous to the 
prison in Charlestown, and within the following limits, viz. : 
beginning on the northerly line on Austin Street, where 
the said line first touches the southerly boundary of the 
present prison limits, near the south-easterly corner of the 
new prison building ; thence running north-easterly hyaline 
coincident with the south-easterly boundary of the prison 
'lands, and onward in a straight direction until it intersects 
36 



282 1854.— Chapter 881. 

with the south-westerly line of Richmond Street, or the 
continuation thereof; then turning and running easterly hy 
said line in a straight direction to Chapman Street ; then 
turning and running in a south-westerly direction by the 
north-westerly line of Chapman Street to the southerly 
corner of a lot of land now or late of one Murdock ; thence 
by a line extending from said corner to the easterly corner 
of a piece of land now or late of one Foss, on Austin Street ; 
thence south-westerly by the northerly line of Austin Street 
to the point of beginning, and all the flats appurtenant to 
such lands as may be so purchased or taken; and also so 
much land as lies between a straight line drawn from a 
point on Austin Street, on the line of the said Foss estate, 
not less than eighty-two feet from the south-easterly corner 
of the new wing of the State Prison ; and thence running 
in a south-westerly direction to such a point on the line of 
the prison grounds on Austin Street as shall carry the line 
at a distance not less than twenty-eight feet from the said 
corner of the new wing. 
Rights of way Sect. 2. Any public or private way or ways, or parts 
to cease. ^^ ways, which may now in any manner exist upon or over 

any part or parts of the land or lands which, by virtue of 
this act shall be so purchased or taken, shall thereupon, 
from thenceforth, without any further act or proceeding 
whatsoever, be discontinued, and all rights of any individual 
or individuals, or of the public, or of any body politic or 
corporate whatsoever, to any right of way or other ease- 
ment whatsoever, in, upon, or over said land or lands which 
shall be so purchased or taken, shall thereupon cease and 
be determined. 
Damages, how Sect. 3. The board of inspectors, for the time being, of 
settled. ^|jg State Prison, are hereby authorized, under the direction 

of the governor and council, to agree with the owner or 
owners of any land or lands which may be so purchased or 
taken, on the sum or sums which shall be paid for the same. 
And the said board are also hereby authorized, under the 
like direction, to settle with all persons, not owners of said 
land, but entitled to any easement or privilege thereon, the 
sum or sums to be paid them as compensation for damages 
sustained by reason of the taking from them the enjoyment 
of such easement or privilege. 
Certificate re- Sect. 4. In casc the govcmor and council shall not pro- 
corded in case ^^^Q a title to any part or parts of the said land or flats, as 

land is taken. . • i i i ^ -, ■ i xi i r 

IS herein provided, then and in such case they are hereby 
empowered to take the same, and upon such taking a cer- 



1854.— Chapter 382. 283 

tilicate thereof, under the seal of the Commonwealth, sio-necl 
by his excellency, and certified by the secretary of the Com- 
monwealth, to be done by and with the advice and consent 
of tlie council, and recorded in the registry of deeds for the 
county of Middlesex, shall, ipso facto, vest the fee simple of 
the premises so taken, in the Commonwealth. 

Sect. 5, If there shall not, within three months from the Aggrieved per- 
date of such taking, be a settlement made, as herein pro- p°y''fo™j^ury^''' 
vided, with the owner or owners of any land or lands which 
may be taken for the use of the Commonwealth by virtue of 
this act, or with any person or persons having rights there- 
in, who may be aggrieved by such taking, then, in such case, 
such owner or owners, or other person aggrieved by such 
taking, may, within fifteen months after such taking, apply, 
by petition, to the court of common pleas for the county 
of Middlesex to have such damages assessed by a jury ; and 
notice of such petition shall be served on the secretary of Notice served 
the Commonwealth in such manner as the court shall direct, °^ secretary, 
not less than sixty days before the time when such notice 
shall be returnable ; and the jury that may be impanelled 
to ascertain and assess said damages, shall be under oath 
truly and justly to ascertain and assess the same, and shall, 
under the direction of the sheriff of said county of Middle- 
sex, go on the premises and view the same, and return their 
verdict into the said court. 

Sect. 6. His excellency the governor, with the advice Governor to 
and consent of the council, is hereby authorized to draw his ^^^^ warrant, 
warrant on the treasury for such sums as may be necessary 
to pay the value of said lands purchased or taken as afore- 
said, and of any rights of way, or other easements therein, 
as the same may be mutually agreed on by the parties, or 
determined by a jury, as herein-before prescribed. 

Sect. 7. All acts and parts of acts inconsistent with the inconsistent 
provisions of this act are hereby repealed. ^""^^ repealed. 

Sect. 8. This act shall take effect from and after its 
passage. ^Approved by the Governor, April 28, 1854.] 



An Act to extend the time for Locating the Barre and North Brookfield Chap. 382 

Railroad. 

Beit enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. The time for filing the location of the Barre Time extended 
and North Brookfield Railroad, is hereby extended six 
months beyond the time limited in their act of incorporation. 



284 1854.— Chapters 383, 384. 

New subscrip Sect. 2. When this act shall have been accepted by said 
op^ned!^ ^^°^^ corporation, a new subscription for the capital stock there- 
of, shall be opened, and the persons holding the stock of 
said corporation heretofore subscribed for, shall not be 
liable for any assessments on the shares of said stock here- 
tofore subscribed for, for any expenses hereafter incurred 
by said corporation in any manner. [Approved by the Gov- 
ernor, April 28, 1854.] 



Chap. Oo6 An Act to incorporate the Appleton House Companj'. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, -as folloivs : 

Corporators. Sect. 1. John S. Tyler, Francis Brinley, Asa Swallow, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Appleton House Company, for the 
Purpose. purpose.of erectino; a public house in the city of Boston, 
and maintaining such public house, and the buildings and 
Duties, liabiii- improvements connected therewith; with all the powers 
ties, &c. g^^^ privileges, and subject to all the duties, liabilities and 

restrictions, set forth in the forty-fourth chapter of the Re- 
Proviso, vised Statutes : provided, however, that said corporation 
shall not carry on the business of hotel or boarding-house 
keeping, or be in any way interested in said business. 
Hold real and Sect. 2. Said Corporation may hold real and personal 
personal estate ggtajg^ ncccssary and convenient for the purpose aforesaid, 
not exceeding in amount, the sum of eight hundred thousand 
No shares to dollars; but no shares in the capital stock thereof, shall be 
dy^ar^*^ ^^' issued, for a less sum or amount, to be actually paid in on 
each, than the par value of the shares first issued. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, April 28, 1854.] 



Chap. S84 An Act to incorporate the Warren Five Cents Savings Bank, in Danvers. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. GeorgG Osbomc, Henry Poor, Francis Baker, 
John B. Peabody, Francis Dane, Benjamin Wheeler, Lewis 
Allen, Amos Merrill, E. W. Upton, Kendall Osborne, their 
associates and successors, are hereby made a corporation, 
by the name of the Warren Five Cents Savings Bank, to be 
established in the south parish, in the town of Danvers ; 



1854.— Chapter 385. 285 

with all the powers and privileges, and subject to all the Duties, liabiii- 
duties, liabilities and restrictions, set forth in the thirty- ^^^' ^ '^' 
sixth chapter of the Revised Statutes, and in all other laws 
of this Commonwealth, relating to institutions for savings. 

Sect. 2. Said corporation shall receive on deposit, sums Deposits, 
as small as five cents. 

Sect. 3. Whenever any deposit shall be made by anv '^'^ustees _ may 

,1 , . /. .'i ,. , ,^ • t" pay to minors. 

minor, the trustees oi said corporation may, at their dis- 
cretion, pay to such depositor, such sums as may be due to 
him or her, although no guardian shall have been appointed 
for such minor, or the guardian of such minor shall not have 
authorized the drawing of the same; and the check, receipt. Minor's receipt 
or acquittance of such minor, shall be as valid as if the 
same was executed by a guardian of such minor, or the said 
minor was of full age, if such deposit was made personally 
by said minor. 

Sect. 4. This act shall take effect from and after its 
passage. [Approved by the Governor, April 28, 1854.] 



An Act to incorporate the Kinsley Iron and Machine Company. Chop. 385 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. Lyman Kinsley, Oakes Ames, H. B. Wetherell, Corporators. 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Kinsley Iron and Machine Com- 
pany, for the purpose of manufacturing iron and machinery. Purpose. 
in the town of Canton, in the county of Norfolk ; with all 
the powers and privileges, and be subject to all the duties, Powers, du- 
liabilities and restrictions, set forth in the thirty-eighth and ^^^^' ^^' 
forty-fourth chapters of the Revised Statutes. 

Sect. 2. The said corporation may hold, for the purpose Rrai estate, 
aforesaid, real and personal estate, not exceeding in value ^l^\ia\^'' 
five hundred thousand dollars; but the amount of real poo.ooo. 
estate so held, shall not exceed in value, two hundred and 
fifty thousand dollars, and the whole capital stock thereof, 
shall not exceed five hundred thousand dollars. 

Sect. 3. No shares in the capital stock of said com- No shares to 
pany shall be issued, for a less sum or amount, to be actually ^g/p^/'^ ^^' 
paid in on each, than the par value of the shares which shall 
be first issued. 

Sect. 4. This act shall take efi"ect from and after its 
passage. \ Approved by the Governor, April 28, 1854.] 



286 1854.— Chapters 386, 387, 388. 

(^hcip. oob An Act to incorporate the Junction Hotel Companj'. 

Be if enacted by the Senate and House of Represeiita- 
tives, in Genei'al Coiwt assembled, and by the authority of 
the same, as folloios : 

Corporators. Sect, 1. Cliarles White, James Estabrook, Timothy S. 
Stone, their associates and successors, are hereby made 
a corporation, by the name of the Jmiction Hotel Company, 

Purpose. for the purpose of erecting a hotel in tlie city of Worcester, 
and maintaining the same, and the buildings and appurtc- 

Powers.duties, nanccs comicctcd therewith J with all the powers and priv- 
°" ileges, and subject to all the duties, liabilities and restric- 

tions, set forth in the thirty-eighth and forty-fourth chapters 
of the Revised Statutes. 

Hold real and Sect. 2. The wholc amouut of real and personal estate, 

personal estate ^^, ^^p.j.j^l stock, which said corporation may hold, for the' 
purposes aforesaid, shall not exceed fifty thousand dollars : 

Proviso. provided, that no shares in the capital stock of said corpo- 

ration shall be issued for a less sum or amount, to be actu- 
ally paid in on each, than the par value of the shares which 

Provided, also, shall bc first issucd : and provided, also, that said corpora- 
tion shall not be interested in the business of hotel-keeping. 
{^Approved by the Governor, April 28, 1854.] 



Chap. 387 An Act to incorporate the Chelsea Savings Bank. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Hosca Ilslcy, Francis B. Fay, Henry Slade, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Chelsea Savings Bank, to be estab- 

Powers, duties, ligiied in the town of Chelsea; with all the powers and 
°' privileges, and subject to all the duties, liabilities and re- 

strictions, set forth in the thirty-sixth chapter of the Revised 
Statutes, in the forty-fourth chapter of the acts passed in 
the year one thousand eight hundred and forty-one, and in 
all other laws of the Commonwealth relating to institutions 
for savings. [Approved by the Governor, April 28, 1854.] 

Chap. 388 An Act relating to the Second Hospital for the Insane. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Appropriation Sect. 1. The sum of four thousand dollars is hereby 
ciirms!^^"^^'"^ appropriated for the purpose of liquidating all outstanding 



1854.— Chapters 389, 390. 287 

claims, growing out of the erection of the second hospital 
for the insane, to be expended for that purpose under the 
direction of the commissioners appointed by the act author- 
izing the erection of said hospital, passed on the twenty- 
fourth day of May, in the year eighteen hundred and fifty- 
one ; and the governor is authorized to draw his warrants 
therefor. 

Sect. 2. This act shall take effect from and after its 
passage. [Appi-oved by the Governor, April 28, 1854.] 



An Act concerning Witness Fees. CJlCip. 389 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloics : 

Whenever it shall appear, in the trial of any criminal Fees withheld 
cause, before any judge or magistrate, that any witness has 
induced or procured the defendant to commit the offence 
wherewith he is charged, with the intent to appear as a wit- 
ness against him, said judge or magistrate may, in his dis- 
cretion, refuse to allow such witness any fees for travel or 
attendance, or both. [Appi^oved by the Governor, Ap?'il 2S, 
1854.] 

An Act relating to Hope Cemetery in the City of Worcester. Chcip. 390 

Be it enacted by the Senate and House of Representa- 
tives, iji General Court assembled, and by the authority of 
the same, as folloics : 

Sect. 1. The city council of Worcester is hereby au- Commissioners 
thorized to elect, by joint ballot, in convention, a board of *° ^^ chosen, 
five commissioners,, one member thereof to be elected each 
and every year, in the month of January, to hold ofl&ce for 
the term of five years, who shall have the sole care, super- 
intendence and management of Hope Cemetery, estab- 
lished by said city council ; but said board, or any member Subject to re- 
thereof, after having had an opportunity to be heard in his ™°^^ ' 
or their defence, may be removed at any time, by a concur- 
rent vote of two-thirds of each branch of the city council ; 
and in case of a vacancy in said board of commissioners, by Vacancies, 
death, resignation, removal or otherwise, such vacancy shall ^°^ ^ 
be filled by the choice of another commissioner, in the man- 
ner aforesaid, who shall hold his office for the remainder of 
the term for which the member in whose place he shall be 
elected would have held the same. Said board may be or- 



288 ' 1854.— Chapter 390. 

Organization ganized by the choice of a chairman and secretary from 
° °^^ ' their own number, and a major part of said board shall 
constitute a quorum for the transaction of business ; and the 
Terms of office, term, for whicli the several members of the first board of 
commissioners to be chosen, shall hold their office, shall be 
determined as follows : The commissioner first chosen, shall 
hold his office for five years ; the commissioner next chosen, 
shall hold his office for four years ; the commissioner next 
chosen, shall hold his office for three years ; the commis- 
sioner next chosen, shall hold his office for two years ; and 
the commissioner next chosen, shall hold his office for one 
year. 
Duties of board Sect. 2. The Said board of commissioners shall lay out 
said cemetery, or such part thereof as is not already laid 
out, into such lots or subdivisions for burial places, as they 
shall think proper, and the said commissioners shall set 
apart a proper portion of said cemetery for a public burial 
*" place for the use of the inhabitants of said city, free of 
charge therefor, and it shall be the duty of said commis- 
sioners, from time to time, as appropriations shall be made 
by the city council therefor, to cause all necessary paths and 
avenues to be constructed therein, and to cause said cem- 
etery to be planted and embellished with trees, shrubs, 
flowers, and other rural ornaments, as they shall think prop- 
By-laws, er. And said board maj^ make all necessary by-laws and 
regulations, in the execution of their trust, not inconsistent 
with this act, and the laws of the Commonwealth, as they 
shall deem expedient. 
Deeds of con- Sect. 3. Said board of commissioners shall have au- 
Teyance, -c. ^jjQrity to Sell, to any person or persons, the sole and 
exclusive right of burial and of erecting tombs, cenotaphs, 
and other monuments, in any of the designated lots or sub- 
divisions of said cemetery, upon such terms and conditions 
as they shall, by their rules and regulations, prescribe ; but 
all deeds and conveyances of such lots or rights of burial, 
shall be made in the name of the city, and shall be executed 
in behalf of the city by the treasurer thereof, for the time 
being, when requested so to do by said commissioners ; and 
the proceeds of such sales shall, in all cases, be paid into 
the city treasury. 
Commissioners Sect. 4, Said board of commissioners shall, annually, 
to^rtport annu- -^^ ^j^^^ mouth of January, and whenever required by the city 
council, make and render a report of all their acts, doings, 
and proceedings, and of the condition of the cemetery, and 
an account of the receipts and expenditure for the same. 



1854.— Chapter 391. 2S9 

Sect. 5. The mayor ard aldermen of said city, shall ,'^<^'"^"'''' "": 

,11 n • T • . le-iS arc pted 

notity and warn the legal voters or said city, to meet iii in sixty days, 
their respective wards, on such day as they shall direct, not 
exceeding sixty days from the passage of this act, for the 
purpose of giving in their written votes, upon the question 
whether they will accept the same ; and if a majority of the 
votes given upon said question, shall be in the negative, 
then this act shall be null and void. 

Sect. 6. This act shall take effect from and after its 
passage. [Approved by the Governor, April 28, 1854] 

An Act to incorporate the Western Massachusetts Telegraph Company. Chop. 391 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Wellington H. Tyler, David Campbell, William Corporators. 
B. Cooley, their associates and successors, are. hereby made 
a corporation, by the name of the Western Massachusetts 
Telegraph Company; for the purpose of constructing, main- 
taining and using lines of telegraph within this Common- 
wealth, from Pittsfield to Sheffield, and connecting the same 
with any other lines of telegraph, which may have been or 
may hereafter be constructed, and for extending the same 
in the direction of Albany and Hudson, to the line of the 
State of New York, and in the direction of Now Haven, 
Bildgeport and Danbury, to the line of the State of (Con- 
necticut, and also to Spriniitield and North Adams in this 
Commonwealth; with all the powers and privileges, and P""''?''", privi- 
subject to all the duties, liabilites and restrictions, contained ^^^*' 
in the forty-fourth chapter of the Revised Statutes, and in 
an act approved the ninth day of April, in the year one 
thousand eight hundred and forty-nine, entitled ''An Act 
concerning Electric Telegraph Companies and Electric Tele- 
graphing." 

Sect. 2. The capital stock of said corporation shall not ^!r'*^' ^'°'=^' 
exceed seventy-five thousand dollars, and no shares shall be 
issued for a less sum or amount, to be actually paid in on No shares to 
each, than the par value of the shares which shall be first der pan 
issued. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, April 28, 1854.] 

37 



290 1854.— Chapters 392, 393, 394. 

Chap. 392 An Act to incorporate the Model Lodging House Association. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the satne, as follows : 

Corporators. Sect. 1. J. Ingersoll Bowditcli, J. Amory Davis, John L. 
Emmons, their associates and successors, are hereby made 
a corporation, by the name of the Model Lodging House 
Purpose. Association, for the purpose of providing lodgings in the city 
of Boston, for industrious persons, at moderate rates ; with 
Privileges, lia- all the powcrs and privileges, and subject to all the duties, 
bihties, &c. liabilities and restrictions, set forth in the forty-fourth chap- 
ter of the Revised Statutes. 
gioo,ooo real Sect. 2. The said corporation shall have power to hold 
e"tate'!"^°'^^^ real and personal estate, to an amount not exceeding one 
hundred thousand dollars. [Approved by the Governor, 
April 28, 1854.] 

Chap. 393 An Act in relation to the Visits of Clergymen to Prisoners under 

Confinement. 

Be it enacted by the Senate and House of Representa- 
tives, iti General Court assembled, and by the authority of 
the same, as follows : 

Visits from the So much of sections twenty and forty of the one hundred 
lowed. ^°* ^^' ^^^ forty- third chapter of the Revised Statutes, as relate 

to the visits of clergymen to prisoners, is hereby repealed. 

[Approved by the Governor, April 28, 1854.] 

Chan 394-^" -^^^ ^° change the Name of the First Baptist Society in Lancaster. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assem,bled, and by the authority of 
the same, as follows : 

The corporate name of the First Baptist Society in Lan- 
caster, is hereby changed, and said society shall hereafter 
be called and known by the name of the First Baptist 
Society in Clinton. [Approved by the Governor, April 28, 

1854.] 



1854.— Chapters 395, 396. 



291 



An Act further to extend the Time for the Construction of the Eastern Chap. 395 

Railroad. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The time allowed to the Eastern Railroad Company, for 
constrticting an extension of their railroad, under the pro- 
visions of the act of eighteen hundred and fifty-two, entitled 
An Act concerning the Grand Junction Railroad and Depot 
Company, and the Eastern Railroad Company, chapter 306, 
is hereby extended four months beyond the period now fixed 
by law, for the construction thereof. \^Approved by the 
Governor, April 28, 1854.] 

An Act to apportion and assess a State Tax of Three Hundred Thousand Chap. 396 

Dollars. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the sa?ne, as folloios : 

Sect. 1. Each city, town, district, or other place, herein- 
after named, within this Commonwealth, shall be assessed 
and pay the several sums with which they stand respectively 
charged in the following schedule : — 

SCHEDULE. 



SUFFOLK COUNTY. 



Boston, 

Chelsea, 

North Chelsea, . 



Ninety-eight thousand six hundred and 
ninety-one dollars, .... 

One thousand seven hundred and sixty- 
four dollars, ...... 

Three hundred and eighty-seven dollars, . 



$98,691 00 

1,764 00 
387 00 

$100,842 00 



ESSEX COUNTY. 



Ames bury, . 
Andover, 
Beverly, 
B oxford, , 



Five hundred and seventy-three dollars, 

One thousand six hundred and eleven dol- 
lars, ....... 

One thousand one hundred and fifty- five 
dollars, ....... 

Two hundred and seventy-nine dollars, 



$573 00 
1,611 00 



1,155 00 
279 00 



292 



1854.— Chapter 396. 



Bradford, . 


Two hundred and four dollars, . 


$204 00 


Danvers, 
Essex, 


One thousand seven hundred and forty-nine 
dollars, ....... 

Three hundred and thirty- six dollars. 


1,749 GO 
336 GO 


Georgetown, 


Three hundred and ninety-three dollars, . 


393 00 


Gloucester, . 
Groveland, . 


One thousand three hundred and twenty- 
six dollars, 

Two hundred and twenty-five dollars. 


1,326 00 
225 00 


Hamilton, . 


Two hundred and thirty-one dollars, . 


231 00 


Haverhill, . 
Ips-wich, 


One thousand two hundred and fifteen dol- 
lars, 

Five hundred and seventy- three dollars, 


1,215 00 
673 00 


Lawrence, . 
Lynn, 
Lynnfield, . 


Two thousand nine hundred and seventy- 
three dollars, ...... 

Two thousand tliree hundred and nineteen 
dollars 

One hundred and eighty-six dollars, 


2,973 00 

2,319 00 
186 00 


Manchester, 


Two hundred and eighty- two dollars, 


282 00 


Marblehead, 


One thousand one hundred and four dollars, 


1,104 00 


Methuen, . 


Five hundred and sixty- one dollars, . 


561 OO 


Middleton, . 


One hundred and sixty-five dollars, . 


165 00 


Newbury, . 


Three hundred and forty-five dollars. 


345 OC 


Newburyport, 
Rock port, . 


Two thousand seven hundred and eighty- 
seven dollars, ..... 
Four hundred and fourteen dollars, . 


2,787 OC 
414 OC 


Kowley, 


Two hundred and forty-three dollars. 


243 OC 


Salem, 
Salisbury, . 


Six thousand six hundred and sixty-six 
dollars, ... .... 

Five hundred and fifty- five dollars, . 


6,666 OC 
555 OC 


Saugus, 


Two hundred and seventy-three dollars. 


273 OC 


Topsfield, . 


Two hundred and fifty-two dollars, . 


252 OC 


"Wenham, . 


Two hundred and seven dollars, 


207 OC 


West Newbury, . 


Three hundred and eighteen dollars, . 


318 OC 
$29,520 OC 



MIDDLESEX COUNTY. 



Acton, 
Ashby, 



Three hundred dollars, . 
Three hundred and six dollars, . 



1854.— Chapter 396. 



293 



Ashland, 

Bedford, , 

Billerica, 

Boxborough, 

Brighton, . 

Burlington, 

Cambridge, 

Carlisle, 

Charlestowu, 

Chelmsford, 

Concord, 

Dracut, 

Dunstable, 

Framingham 

Grotou, 

Holliston, 

Hopkiuton, 

Lexington, 

Lincoln, 

Littleton, 

Lowell, 

Maiden, 

Marlboroug 

Medford, 

Melrose, 

Natick, 

Newton, 

Pepperell, 

Reading, 

Sherborn, 

Shirley, 



h. 



Two hundi-ed and thirty-four dollars. 

One himdred and ninety-two dollars, 

Four hundred and forty- one dollars, , 

One hundred and twenty-three dollars. 

Eight hundred and sixteen dollars, 

One hundred and iifty dollars, . 

Five thousand one hundred and ninety 

dollars, 

One hundred and seventy-one dollars, 

Four thousand three hundred and ninety 

two dollars, ..... 
Five hundred and four dollars, . 

Six hundred and forty- two dollars, . 

Three hundred and seventy-five dollars. 

One hundred and eighty-three dollars. 

Nine hundred and eighty- four dollars, 

Seven hundred and twenty dollars, . 

Four hundred and sixty-two dollars. 

Five hundred and thirteen dollars, 

Five hundred and ninety-four dollars. 

Two hundred and forty dollars, . 

Two hundred and forty- six dollars. 



Eight thousand six hundred and four 

lars, ..... 
Nine hundred dollars. 



Six hundred and forty- two dollars. 

One thousand two hundred and 

dollars, ..... 
Two hundred and seventy dollars. 

Five hundred and thirty- one dollars, 



fifteen 



One thousand five hundred and ei 

seven dollars, .... 
Three hundred and ninety-nine dollars, 



Six hundred and six dollars. 
Two hundred and seventy dollars. 
Two hundred and ninety-seven dollars, 



dol 



ghty 



$23i 


00 


192 


00 


441 


00 


123 


00 


816 


00 


150 


00 


5,190 


00 


171 


00 


4,392 
504 


00 
00 


642 


00 


375 


00 


183 


00 


984 


00 


720 


00 


462 


00 


513 


00 


594 


00 


240 


00 


246 


00 


8,604 
900 


00 
00 



642 00 

1,215 00 
270 00 

531 00 

1,587 00 
399 00 

606 00 

270 00 

297 00 



294 



1854.— Chapter 396. 



Somerville, . 
South Reading, . 
Stoneham, . 
Stow, . 
Sudbury, . 
Tewksbtu-y, 
Townsend, 
Tyngsborough, . 
"Waltbam, . 
Watertown, 
Wayland, . 
"West Cambridge, 
Westford, . 
"Weston, 
"Wilmington, 
Winchester, 
"Woburn, 



One thousand and thirty-two dollars. 
Four hundred and twenty-six dollars. 
Three hundred and six dollars, . 
Three hundred and twenty-seven dollars. 
Four hundred and sixty-eight dollars. 
Three hundred and eighteen dollars, . 
Four hundred and fifty dollars, . 
Two hundred and forty-six dollars, . 

One thousand three hundred and ninety 
two dollars, ..... 

One thousand one hundred and forty-six 
dollars, ...... 

Two hundred and fifty-eight dollars, . 

Eight hundred and twenty-five dollars. 
Four hundred and fourteen dollars, . 
Three hundred and sixty dollars, 
Two hundred and thirteen dollars. 
Three hundred and forty-two dollars, 
One thousand and five dollars, . 



WORCESTER COUNTY. 



Ashburnham, 


Athol, 


Auburn, 


Barre, 


Berlin, 


Blackstone, 


Bolton, 


Boylston, . 


Brookfield, . 


Charlton, . 


Clinton, 



Three hundred and seventy-five dollars. 
Three hundred and sixty- six dollars, 
Two hundred and sixteen dollars. 
Seven hundred and forty-one dollars. 
Que hundred and fifty-three dollars. 
Nine hundred and thirty- six dollars. 
Two hundred and seventy-nine dollars, 
Two hunch-ed and thirty-four dollars. 
Three hundred and forty-eight dollars. 
Four hundred and ninety-eight dollars. 
Four hundred and ninety-two dollars, 



1854.— Chapter 396. 



295 



Dana, 


One hundred and twenty-six dollars, 


$126 00 


Douglas, 


Three hundred and seventy-eight dollars, . 


378 00 


Dudley, 


Three hundred and forty-two dollars. 


342 00 


Fitchburg, . 


One thousand and ninety- five dollars. 


1,095 00 


Gardner, 


Three hundred and nine dollars. 


309 00 


Grafton, 


Seven hundred and forty-seven dollars. 


747 00 


Hardwiek, . 


Four hundred and twenty-six dollars, 


426 00 


Harvard, . 


Three hundred and ninety-six dollars, 


396 00 


Holden, . 


Four hundred and seventeen dollars. 


417 00 


Hubbardston, 


Three hundred and fifty-four dollars, 


354 00 


Lancaster, . 


Three hundred and fifty-four dollars. 


354 00 


Leicester, . 


Six hundred and twenty- seven dollars. 


627 00 


Leominster, 


Six hundred and seventy-eight dollars. 


678 00 


Lunenburg, 


Three hundi-ed and thirty dollars, 


330 00 


Mendon, 


Three hundred and fifty-one dollars, 


351 00 


Milford, . 


Seven hundred and twenty-nine dollars, . 


729 00 


Millbury, . 


Five hundred and forty-nine dollars. 


549 00 


New Braintree, . 


Two hundred and seventy-three dollars, . 


273 00 


North Brookfield, 


Three hundred and sixty-nine dollars. 


369 00 


Northborough, . 


Three hundred and thirty-six dollars. 


336 00 


Northbridge, 


Three hundred and sixty-six dollars, 


366 00 


Oakham, 


Two hundred and twenty-five dollars, 


225 00 


Oxford, 


Five hundred and nineteen dollars. 


519 00 


Paxton, 


One hundred and sixty-five dollars, . 


165 00 


Petersham, . 


Foixr hundred and eleven dollars. 


411 00 


Phillipston, 


One hundred and ninety-eight dollars, 


198 00 


Princeton, . 


Three hundred and twenty-four dollars, . 


324 00 


Royalstou, . 


Three hundred and ninety-six dollars, 


396 00 


Rutland, . 


Two hundred and seventy-six dollars, 


276 00 


Shrewsbury, 


Four hundred and twenty dollars. 


420 00 


Southborough, . 


Three hundred and twenty-one dollars, 


321 00 



296 



1854.— Chapter 396. 



Southbridge, 


Six hundred dollars, .... 


$600 00 


Spencer, 


Four hundred and fifty-six dollars, . 


456 00 


Sterling, 


Four hundred and twenty dollars. 


420 00 


Sturbridge, 


Four hundred and fifty dollars. 


450 00 


Sutton, 


Five hundred and twenty-eight dollars, 


528 00 


Templeton, . 


Four hundred and. seventy-four dollars, 


474 00 


Upton, 


Three hundred and forty- five dollars. 


345 00 


Uxbridge, . 


Five hundred and ninety-four dollars. 


594 00 


Warren, 


Three hundred and sixty- six dollars, 


366 00 


Webster, 


Four hundred and thirty-eight dollars, 


438 00 


West Boylston, . 


Two hundred and ninety-seven dollars. 


297 00 


West Brookfield, 


Two hundred and eighty-five dollars, 


285 00 


Westborough, 


Four hundred and twenty dollars, 


420 00 


Westminster, 


Four hundred and two dollars, 


402 00 


Winchendon, 


Five hundred and seven dollars, 


507 00 


Worcester, . 


Five thousand six hundred and four dollars, 


5,604 00 
$29,631 00 



HAMPSHIRE COUNTY. 



Amherst, . 


Six hundred and twenty- one dollars. 


$621 00 


Belchertown, 


Four hundred, and sixty-five dollars, 


465 00 


Chesterfield, 


Two hundred and seven dollars, 


207 00 


Cummington, 


Two hundred and ten dollars, • 


210 00 


Easthampton, 


Two hundred and twenty-eight dollars. 


228 00 


Enfield, 


Two hundred and thirty-seven dollars. 


237 00 


Goshen, 


Ninety-nine dollars, .... 


99 00 


Granby, 


Two hundred and thirteen dollars, 


213 00 


Greenwich, 


One hundred and thirty-two dollars. 


132 00 


Hadley, 


Four hundred and seventy-four dollars, 


474 00 


Hatfield, . 


Three hundred and fifty- seven dollars, 


1 857 00 



1854.— Chapter 396. 



297 



MiddleEeld, 


One hundred and sixty-two dollars. 


$162 00 


Northampton, 
Norwich, . 


One thousand three hundred and fourteen 

dollars, 

One hundred and thirty-five doUars, 


1,314 00 
135 00 


Peltiam, 


One hundred and twenty-nine doUars, 


129 00 


Plainfield, . 


One hundred and fifty-six dollars, 


156 00 


Prescott, 


One hundred and thirty-five dollars, 


135 00 


South Hadley, . 


Three hundred and seventy-eight doUars, . 


378 00 


Southaraptoii, 


Two hundred and thirteen dollars, 


213 00 


Ware, 


Six hundred and twenty-four dollars, 


624 00 


Westhampton, 


One hundred and twenty-three doUars, 


123 00 


Williamsburg, 


Three hundred and forty- eight doUars, 


348 00 


Worthington, 


Two hundred and thirty-seven doUars, 


237 00 




$7,197 00 


HAMPDEN COUNTY. 


Blandford, . 


Two hundred and eighty- eight doUars, 


$288 00 


Brimfield, . 


Three hundred and fifty -four doUars, 


354 00 


Chester, 


Two hundred and forty-six doUars, . 


246 00 


Chicopee, . 
Gran%"ille, . 


One thousand eight hundred and three dol- 
lars, 

Two hundred and nineteen doUars, . 


1,803 00 
219 00 


Holland, . 


Seventy-eight doUars, 


78 00 


Holyoke, 


Nine hundred and sixty- six doUars, . 


966 00 


Longmeadow, 


Four hundred and twenty-three doUars, . 


423 00 


Ludlow, 


Two hundred and forty-six doUars, . 


246 00 


Monson, 


Four hundred and ninety- five doUars, 


495 00 


Montgomery, 


Eighty-seven doUars, . . . . 


87 00 


Palmer, 


Six hundred and sixty-six doUars, 


666 00 


RusseD, 


Ninety-six dollars, 


96 00 


Southwick, 


Two hundred and seventy-nine doUars, 


279 00 


Springfield, 


Three thousand three hundred and twenty- 
seven dollars, 

38 


3,327 00 



298 



1854.— Chapter 396. 



Tolland, . 


One hundred and eleven dollars, 


$111 00 


Wales, 


One hundred twenty dollars, 


120 00 


West Springfield, 


Eight hundred and forty dollars, 


840 00 


Westfield, . 


Eight hundred and forty-nine dollars, 


849 00 


Wilbraham, 


Four hundred and eighty dollars, 


480 00 
$11,973 00 



FRANKLIN COUNTY. 



Ashfield, 

Bernardston 

Buckland, 

Charlemont, 

Coleraine, 

Conway, 

Deeriield, 

Erving, 

Gill, . 

Greenfield, 

Hawley, 

Heath, 

Leverett, 

Leyden, 

Monroe, 

Montague, 

New Salem 

Northfield, 

Orange, 

Rowe, 

Shelburne, 

Shutesbury, 



Two hundred and eighty-eight dollars, 
Two hundred and one dollars, . 
One hundred and forty-one dollars, . 
Two hundred and four dollars, . 
Three hundred and forty-eight dollar's. 
Three hundred and sixty-nine dollars. 
Five hundred and forty-three dollars, 
Ninety dollars, .... 

One hundred and fifty-three dollars. 
Five hundred and seventy dollars. 
One hundred and fifty-three dollars. 
One hundred and forty-four dollars, 
One hundred and fifty-three dollars. 
One hundred and eleven dollars, 
Thirty-six dollars, .... 
Two hundred and fifty-two dollai's, . 
Two hundred and twenty- eight dollars. 
Three hundred and ninety dollar's. 
Three hundred and sixty -nine dollars. 
One hundred and twenty dollars. 
Two hundred and fifty-tAvo dollars. 
One hundred and forty-one dollars, 



1854.— Chapter 396. 



299 



Sunderland, 


One hundred and seventy- one dollars, 


$171 00 


Warwick, . 


Two hundred and forty dollars, 


240 00 


Wendell, . 


Two hundred and ten dollars, . 


210 00 


Whately, . 


Two hundred and forty dollars, 


240 00 

$6,117 00 



BERKSHIRE COUNTY. 



Adams, 

Alford, 

Becket, 

Boston Corner, . 

Cheshire, 

Clarksburg, 

Dalton, 

Egremont, . 

Florida, 

Great Barrington, 

Hancock, . 

Hinsdale, . 

Lanesborough, 

Lee, . 

Lenox, 

Monterey, . 

Mt. Washington, 

New Ashford, 

NewMarlborough, 

Otis, . 

Peru, . 

Pittsfield, . 

Richmond, . 



Nine hundred and sixty-nine doUars, 

One hundred and seventeen dollars, . 

One hundred and eightj-nine dollars. 

Nine dollai-s, 

Two hundred and eighty-two dollars, 

Fifty-four dollars, .... 

Two hundred and thirty-seven dollars. 

Two hundred and forty-three dollars. 

Eighty-four dollars, .... 

Six hundred and ninety dollars, 

One hundred and eighty-six dollars, . 

Two hundred and twenty-two dollars, 

Two hundred and seventy-three dollars. 

Five hundred and forty- six dollars, . 

Two hundred and eighty-five dollars. 

One hundred and twenty -six dollars. 

Fifty-four dollars, .... 

Fifty- one dollars, .... 

Two hundred and ninety-one dollars. 

One hundred and eighty-nine dollars. 

One hundred and eight dollars, . 

One thousand three hundred and ninety 

two dollars, ..... 
One hundred and ninety- eight dollars, 



$969 00 

117 00 

189 00 

9 00 

282 00 

54 00 
237 00 
243 00 

84 00 
690 00 
186 00 
222 00 
273 00 
546 00 
285 00 
126 00 

54 00 

51 00 
291 00 
189 00 
108 00 



1,392 00 
198 00 



300 



1854.— Chapter 396. 



Sandisiield, . 


Two hundred and sixty-seven dollars, 


1 $267 00 


Savoy, 


One hundred and fourteen dollars, 


114 00 


Sheffield, . 


Five hundred and eighty-five dollars, 


58.5 00 


Stockbridge, 


Three hundred and eighty- seven dollars, . 


387 00 


Tyringham, 


One hundred and thirty- five dollars, . 


1 135 00 


"Washington, 


One hundred and thirty-five dollars, . 


135 00 


West Stockbridge, 


Three hundred and nine dollars, 


309 00 


Williamstown, . 


Five hundred and sixteen dollars. 


516 00 


Windsor, . 


One hundred and sixty-eight dollars, 


168 00 




$9,411 00 



NORFOLK COUNTY. 



BeUingham, 

1 


Braintree, 




Brookline, 




Canton, 




Cohasset, 




Dedham, 




Dorchester, 




Dover, 


_ 


Foxborough 




Franklin, 




Medfield, 


1 


Medway, 




Milton, 




Needham, 


• 1 


Quincy, 


• ! 


Randolph, 




Roxbury, 




Sharon, 





Two hundred and seventy- six dollars. 

Five hundred and seventy-three dollars, 

Two thousand four hundred and ninety- 
three dollars, 

Six hundred and ninety-nine dollars, . 

Three hundred and ninety-three dollars, 

One thousand five hundred and three dol 
lars 

Three thousand two hundred and eighty' 
five dollars, ..... 

One hmidred and fifty- nine dollars, . 

Three hundred and fifty-four dollars. 

Three hundred and forty-eight dollars. 

Two hundred and forty dollars, . 

Four hundred and ninety-five dollars. 

Eight hundred and forty-nine dollars. 

Four hundred and thirty-five dollars. 

One thousand one hundred and twenty-two 
dollars, ...... 

Nine hundred and thirty -six dollars. 

Six thousand six hundred and twelve dol 

lars, 

Two hundred and ninety- one dollars, 



1854.— Chapter 396. 



301 



Stoughton, . 


Six hundred and twenty-four dollars, 


$624 00 


Walpole, . 


Four hundred and twenty-three dollars, 


423 00 


Weymouth, 


Nine hundred and thirty- nine dollars, 


9S9 00 


Wrentham, 


Six hundred dollars 


600 00 




$23,649 00 



BRISTOL COUNTY. 



Attleborough, 
Berkley, 
Dartmouth, 
Dighton, 
Easton, 
Fairhaven, . 
Fall River, . 
Freetown, . 
Mansfield, . 
New Bedford, 
Norton, 
Pawtucket, 
Raynham, , 
Rehoboth, . 
Seekonk, 
Somerset, . 
Swanzey, . 
Taunton, 
"VVestport, . 



Six hundred and twelve dollars, 

One hundred and fifty dollars, . 

One thousand one hundred and fifty- five 

dollars, 

Two hundred and eighty-eight dollars, 

. i Four hundi-ed and two dollars, . 



One thousand five hundred and eighty 
four dollars, ..... 

Three thousand one hundred and seventeen 
dollars, ...... 

Three hundred and three dollars. 



Two hundred and thirty-four dollars, . 

Six thousand nine hundred and forty-five 
dollars, ...... 

Three hundred and eighty-four dollars. 

Five hundred and thirty- seven dollars, 

Two hundred and seventy-six dollars, 

Three hundred and eighty- one dollars. 

Three hundred and eighty- one dollars, 

Two hundred and forty- six dollars, . 

Two hundred and eighty-five dollars. 

Two thousand and thirteen dollars, . 

Seven hundred and fifty dollars. 



i612 00 
150 00 



1,155 00 
288 00 

402 00 



1,584 00 

3,117 00 
303 00 

234 00 



6,945 00 
384 00 

537 00 

276 00 

381 00 

381 00 

246 00 

285 00 

2,013 00 

750 00 

$20,043 00 



PLYMOUTH COUNTY. 



Abington, . 
Bridgewater, 



Eight hundred and sixty-seven dollars, 
Six hundred and forty- five dollars, . 



$867 00 
645 00 



302 



1854.— Chapter 396. 



Carver, 


One hundred and ninety-five dollars, 


$195 00 


Uuxbury, . 


Five hundred and seventy-nine dollars, 


579 00 


East Bridgewater, 


Foiu- hundred and fifty-six dollars, . 


456 00 


Halifax, 


One hundred and forty -four dollars, . 


144 00 


Hanover, . 


Three hundred dollars, .... 


300 00 


Hanson, 


Two hundred and ten dollars, . 


210 00 


Hingham, . 


Eight hundred and sixty-one doUars, 


861 00 


HuU, . 


Sixty dollars, 


60 00 


Kingston, . 


Pour hundred and forty-one dollars, . 


441 00 


Marshfield, . 


Three hundred and fifty- one dollars, . 


351 00 


Middleborough, . 


Nine hundred and three dollars. 


903 00 


N. Bridgewater, . 


Six hundred and twenty-one doUars, 


621 00 


Pembroke, . 


Two hundred and forty-six dollars, . 


246 00 


Plymouth, . 
Plympton, . 


One thousand three hundred and eleven 
dollars, ....... 

One hundred and eighty-three dollars. 


1,311 00 
183 00 


Kochester, . 


Six hundred and sixty-three dollars, . 


663 00 


Scituate, 


Three hundi-ed and seventy-five dollars. 


375 00 


S. Scituate, 


Three hundred and ninety- six dollars, 


396 00 


Wareham, . 


Five hundred and twenty-five dollars, 


525 00 


W. Bridgewater, . 


Two hundred and seventy-nine dollars. 


279 00 




$10,611 00 



BARNSTABLE COUNTY. 



Barnstable, . 


Eight hundred and forty-six dollars, . 


$846 


00 


Brewster, . 


One hundred and ninety-eight dollars, 


198 


00 


Chatham, . 


Two hundred and ninety-seven dollars. 


297 


00 


Dennis, 


Four hundred and sixty-two dollars. 


462 


00 


Eastham, . 


One hundred and fourteen dollars. 


114 


00 


Falmouth, . 


Five hundred and thirteen dollars. 


513 


00 


Harwich, . 


Three hundred and thirty-nine dollars, 


339 


00 



1854.— Chapter 396. 



303 



Orleans, 


Two hundi-ed and four dollars, . 


$204 00 


Provincetown, 


Five hundred and fifty- eight dollars, . 


558 00 


Sandwich, . 


Seven hundred and thirty- eight dollars, 


738 00 


Truro, 


Two hundred and thirty-seven dollars, 


237 00 


Wellfleet, . 


Two hundred and thirteen dollars, . 


213 00 


Yarmouth, . 


Four hundi-ed and fourteen dollars, . 


414 00 
$5,133 00 



DUKES COUNTY. 



Chilmark, . . Two hundred and thirty-seven dollars, 
Edgartown, . Three hundred and sixty-nine dollars, 

Tisbury, . . Three hundred and fifteen dollars, 



$237 00 
369 00 
315 00 



$921 00 



NANTUCKET COUNTY. 



Nantucket, . 



Two thousand three hundred and twenty- 
five dollars, 



RECAPITULATION. 



^2,325 00 



Suffolk County, . 


One hundred thousand eight hundred 






and forty-two dollars, 


$100,842 00 


Essex County, 


Twenty- nine thousand five hundred and 






twenty dollars, 


29,520 00 


Middlesex County, . 


Forty-two thousand six hundred and 






twenty-seven dollars 


42,627 00 


Worcester County, . 


Twenty-nine thousand six hundred and 






thirty- one dollars, .... 


29,631 00 


Hampshire County, 


Seven thousand one hundred and ninety- 






seven dollars, 


7,197 00 


Hampden County, . 


Eleven thousand nine hundi'ed and seven- 






ty-three dollars, 


11,973 00 


Franklin County, . 


Six thousand one hundred and seventeen 






dollars, ...... 


6,117 00 


Berkshire County, . 


Nine thousand four hundred and eleven 






dollars, ...... 


9,411 00 


Norfolk County, . 


Twenty -three thousand six hundred and 






forty-nine dollars, .... 


23,649 00 


Bristol County, 


Twenty thousand and forty-three dollars. 


20,043 00 


Plymouth County, . 


Ten thousand six hundred and eleven 






dollars, 


10,611 00 



304 



1854.— Chapter 397. 



Barnstable County, 
Dukes County, 
Nantucket County, 



Five thousand one hundred and thirty- 
three dollars, . . . . . 
Nine hundred and twenty-one dollars, . 

Two thousand three hundred and t'wen- 
ty-five dollars, 



,133 00 
921 00 



2,325 00 



$300,000 00 



Treasurer shall Sect. 2. The trcasurer of this Commonwealth shall, 

to selectmen, forthwith, scnd his warrant, with a copy of this act, directed 
to the selectmen or assessors of each city, town, district, or 
other place, taxed as aforesaid, requiring them respectively 
to assess, in dollars and cents, the sum so charged, accord- 
ing to the provisions of the seventh chapter of the Revised 
Statutes, and to add the amount of such tax to the amount 
of town and county taxes to be by them assessed in each 
city, town, and district, respectively. 

When payable. Sect. 3. The treasurer, in his said warrant, shall re- 
quire the said selectmen or assessors, respectively, to pay, 
or to issue their several warrant or warrants, requiring the 
treasurers of their several cities, towns, or districts, to pay 
to the said treasurer of the Commonwealth, on or before 
the fifteenth day of December, one thousand eight hundred 
and fifty-four, the sums against said cities, towns, and dis- 

Names of trea- tricts, respectively, in this act contained ; and the selectmen 

suvers to be re- ^ i-i ini I'o j. x>xi 

turned, &c. or asscssors, respectively, shall return a certificate oi the 
names of such treasurers, with the sum which each may be 
required to collect, to the said treasurer of the Common- 
wealth, some time before the first day of October next. 

Sect. 4. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, April 28, 1854.] 



Chap. 397 An Act to incorporate the Mariners' Mutual Insurance Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Corp raters. Sect. 1. Jolm S. Tyler, Stephen Bartlett, Joseph S. 
Hastings, their associates and successors, are hereby made 

Duration. a Corporation, for the term of twenty years, by the name of 
the Mariners' Mutual Insurance Company, to be estab- 

Purpose. lished in the city of Boston, for the purpose of making mar- 
itime loans, and insurance against maritime losses, and 
losses by fire, on the principle of mutual insurance, with the 



1854.— Chapter 397. 305 

powers and privileges, and subject to all the duties, liabili- Powers, liabili- 
ties and restrictions, set forth in the thirty-seventh and for- ^^^' 
ty-fourth chapters of the Revised Statutes, and in all sub- 
sequent statutes of this Commonwealth relating to mutual 
insurance companies, so far as the same are consistent with 
this act, and applicable to the corporation hereby created. 

Sect. 2. Instead of the safety fund now required by law, Capital stock, 
said company shall have a capital stock of one hundred fiayi^g/ease 
thousand dollars, to be divided into shares of twenty-five to ^30o,ooo. 
dollars each, with authority to increase said capital stock 
to an amount not exceeding three hundred thousand dollars ; 
and the holders of shares in said capital stock shall be mem- 
bers of said company so long as they hold any share of said 
stock respectively. 

Sect. 3. Said company may invest a portion not ex- Portion of cap- 
ceeding one-quarter part of said capital stock, in real ve^sted.°^^ ^"' 
estate, necessary or convenient for the purposes of their 
incorporation, over and above such real estate as may be at 
any time held by them in mortgage, or taken to satisfy any 
debt due to them. 

Sect. 4. No policy of insurance shall be issued by said Policies, when 
company, until the sum of fifty thousand dollars of said 
capital stock, in cash, and the further sum of fifty thousand 
dollars of said capital stock, in promissory notes, bearing 
interest at the rate of six per centum per annum, and not 
convertible into premiums, shall have been actually paid in. 

Sect. 5. At the end of each year after the commence- Dividends, 
ment of their business, said company may pay out of the 
net profits thereof, to the holders of said capital stock, an 
amount not exceeding seven per centum per annum, on the 
amount of said stock held by them respectively. 

Sect. 6. After the payment of the said amount to the |^et profits, 
holders of said capital stock, the net profits of the business of.^ '^^°^^ 
of said company shall be credited upon their books, to the 
said holders of said capital stock, and the persons insured 
by said company according to the by-laws of said company ; 
and at the end of any year after the commencement of their 
business, the said company may convert the whole, or any 
part of said net profits then remaining in their hands, or 
credited as aforesaid, into additional stock, and may declare 
and distribute to the holders of their said capital stock ex- 
isting before such additions, and said parties insured, a 
dividend of shares in such additional stock, until the whole 
capital stock of said company shall amount to the sum of 
three hundred thousand dollars ; and thereafter, the net 

39 



306 1854.~Chapters 398, 399, 400. 

profits of said company shall be equally divided between 
the holders of said capital stock and said parties insured, 
in cash or otherwise, as the directors may, from time to 

Proviso. time, determine : provided, that no division of said profits 

shall ever be made, before the expiration of this act, which 
shall not leave wholly unimpaired, in amount and value, the 
capital stock established at the time such dividend shall be 
declared. 

Risks limited. Sect. 7. Said compauy shall never take, upon any one 
risk, an amount exceeding one-tenth of their capital stock, 
paid in or accumulated at the time, as aforesaid. 

Sect. 8, This act shall take eifect from and after its 
passage. \^Approved hy the Governor, April 28, 1854.] 

Chcip. 398 -^^ ^^^ to increase the Capital Stock of the Boston Steam Tow-Boat 

Company. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as folloivs : 

The Boston Steam Tow-Boat Company are hereby au- 
thorized to increase their capital stock, by an addition 
thereto of fifty thousand dollars, in shares of one hundred 
dollars each, not to be issued except on payment in cash, of 
the par value thereof. [Approved hy the Governor, Ajoril 
28, 1854.] 



Chap. 399 An Act in addition to " An Act to incorporate the Boylston Medical 

School." 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as folloivs : 

isEay hold real The Boylstou Mcdical School, in the city of Boston, is 
'. s\ate!'^^°'^ '^ hereby authorized to hold real and personal estate to the 
amount of one hundred thousand dollars, to be applied to 
the purposes of medical education. [Approved hy the Gov- 
ernor, April 28, 1854.] 



Chap. 400 An Act in further addition to the Act concerning the Manufacture and 
Sale of Spirituous and Intoxicating Liquors. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as folloivs : 

Sheriffs, &c., No sheriff, deputy-sherifi" constable or coroner, and no 

not liable in , i • ^ 1 . t • r- • i j. 

certain cases, cxccutor Or admuifstrator, and no assignee oi any insolvent 



1854— Chapters 401, 402. 307 

debtor, lawfully appointed according to the acts of this 
Commonwealth for the relief of insolvent debtors, shall be 
liable to any penalty under any act or law of this Common- 
wealth, concerning the manufacture and sale of spirituous 
and intoxicating liquors : provided, his, her, or their doings 
and proceedings are lawfully done, after the passing of this 
act, pursuant to the lawful order, command, direction, judg- 
ment, or decree and warrant, of any court or other legal 
tribunal, having lawful jurisdiction in the premises, and pro- 
vided, that nothing herein contained shall authorize the sale 
of any spirituous or intoxicating liquor for any other pur- 
poses than are authorized by the act to which this is in 
addition; or shall authorize any officer or executor, admin- 
istrator or assignee, to sell any spirituous or intoxicating 
liquors otherwise than by public auction. {^Approved by the 
Gover-nor, April 28, 1854.] 

An Act in relation to County Commissioners. Ch((p. 401 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court asse7nhled, and hy the authority of 
the same, as follows : 

The county commissioners in the several counties, are Commissioners 
hereby empowered to alter the location and construction of ^IJoj^Q^/g^tes! 
railroad gates at crossings on the petition of any party, 
whenever, in their opinion, the better security of human life, 
or the convenience of the public travel, shall so require. 
[App?'oved by the Governor, April 28, 1854.] 



An Act to incorporate the Bunker Hilt Library Association. Chop. 402 

■Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. Thomas W. Hooper, G. Washington Warren, CorporatorH. 
Edward Pratt, their associates and successors, are hereby 
made a corporation, by the name of the Bunker Hill Li-, 
brary Association, to be established in the city of Charles- 
town; for the purpose of establishing and maintaining a Purpose, 
library and reading-room, advancing the useful arts and sci- 
ences, and promoting public instruction by lectures or oth- 
erwise, with all the powers and privileges, and subject to Powers, privi- 
all the duties, liabilities and restrictions, set forth in the ^®^^®' *'^' 
forty-fourth chapter of the Revised Statutes. 



308 ^ 1854.— Chapters 403, 404. 

Real estate, Sect. 2. Said Corporation may hold real estate, to an 
Personni prnp- amoiuit not exceeding twenty-five thousand dollars in value, 
erty, poo.ooo. and personal property not exceeding in amount or value, 

one hundred thousand dollars, to be devoted exclusively to 

the purposes of said corporation. 

Sect. 3. This act shall take effect from and after its 

passage. [^Approved by the Governor, April 28, 1854.] 

Chan. 403 -^^ ^^^^ ^° incorporate the American Glass Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Corporators. Sect. 1. Patrick H. Slane, William A. Hayes, Reuben 
U. Ober, their associates and successors, are hereby made a 
corporation, by the name of the American Glass Company, 
for the purpose of manufacturing glass, in South Boston, in 
the city of Boston, in the county of Suffolk ; with all the 
Powers, privi- powcrs and privileges, and subject to all the duties, restric- 
leges, c. tions and liabilities, set forth in the thirty-eighth and forty- 
fourth chapters of the Revised Statutes. 
Real estate, Sect. 2. The Said Corporation may hold, for the pur- 

capital, ' poses aforcsaid, real estate to the amount of seventy-five 
5300,000. thousand dollars, and the whole capital stock shall not ex- 
ceed three hundred thousand dollars. 
No shares to Sect. 3. No shares in the capital stock of said cor- 
der par!^ ^^' poratiOn 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. 

Sect. 4. This act shall take effect from and after its 
passage. [Appj^oved by the Governor, April 28, 1854.] 



Chap. 404 An Act to incorporate the Haverhill Female Benevolent Society. 

Be it enacted by the Senate and House of Representa- 
tives, in General Coui^t assembled, and by the authority of 
the same, as folloios : 

Corporators. Sect. 1. Mary Stickney, J. R. Howc, Hannah Woodman, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Haverhill Female Benevolent So- 
Powers, privi- cicty, for charitable and benevolent purposes ; with all the 
leges, &c.^ powers and privileges, and subject to all the duties, liabili- 
ties and restrictions, set forth in the forty-fourth chapter of 
the Revised Statutes. 



1854.— Chapter 405. 309 

Sect. 2. The said corporation may take and hold real Real and per- 

-, 1 , , f ,-\ /» -Tx i. sonal estate, 

and personal estate, for the purpose aioresaid, to an amount 550,000. 
not exceedino- fifty thousand dollars. [App7^oved by the 
Governor, April 29, 1854.] 



An Act to change the Place of holding the Terms of the Supreme Judicial Chop. 405 
Court and Court of Common Pleas in the County of Berkshire. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. From and after the time this act shall take location of 

courts 

effect, the several terms of the supreme judicial court 
now by law to be holden annually at Lenox, within and for 
the county of Berkshire, on the second Tuesday of Septem- 
ber, and on the tenth Tuesday after the first Tuesday of 
March ; and also the several terms of the court of common 
ple^s now by law to be holden annually at Lenox, within 
and for said county, on the first Monday of January, the 
fourth Monday of Februar}'-, the fourth Monday of June, the 
first Monday in July, and the fourth Monday in October, 
shall each be holden annually on the respective days afore- 
said at Pittsfield, within and for the county of Berkshire. 

Sect. 2. All writs and processes, of whatever nature, Returns of 
whether civil or criminal, returnable to or pending in said pYocess^e". 
supreme court or court of common pleas when this act shall 
take eflect, shall thereafter be returned to and have day ia 
said respective courts to which they may appertain, at the 
times and in the place established by this act; and all par- 
ties and persons who, when this act shall take effect, shall 
have been required to appear and attend at the terms afore- 
said, shall appear and attend, and have like day in court at 
the terms, and at the times, and in the place, established by 
this act. 

Sect. 3. This act shall take eflect on the first day of Act to take 
January, in the year of our Lord one thousand eight hun- isle, if °ac- 
dred and fifty-six : provided, nevertheless, that the proposi- cepted, &c. 
tion in the words following, viz, : " Shall the terms of the 
supreme judicial court, and of the court of common pleas, 
now by law to be holden annually at Lenox, in the county 
of Berkshire, be holden annually, after the first day of Jan- 
uary in the year of our Lord one thousand eight hundred 
and fifty-six, at Pittsfield, in said county?" shall be submit- 
ted to the legal voters of the county of Berkshire, present 
and voting at the next election for governor, in said county. 



310 



1854.— Chapter 405. 



Return of 
votes to sec- 
retary. 



Governor to 
make procla- 
mation. 



and those who shall vote thereon shall vote "Yes" or 
"No;" and if it shall be declared, in the manner hereafter 
stated, that a majority of the votes given at said election 
are given in afl&rmance of said proposition, then the pro- 
visions of this act which precede this proviso shall be and 
continue in force from the time stated in the first part of 
this section, until otherwise provided by law ; and if a ma- 
jority of the votes given upon said pVbposition are in nega- 
tion thereof, as ascertained by the declaration hereafter 
prescribed, then the said terms of said courts shall, froin 
and after the said first day of January, in the year of our 
Lord one thousand eight hundred and fifty-six, be holden 
annually at Lenox, as now provided by law. 

Sect. 4. The officers in the several towns in said county 
of Berkshire, authorized by law to receive the votes for 
governor, and to make return of the same to the secretary 
of State, shall respectively receive and make return of the 
votes given for and against said proposition at the next 
election for governor, and the proper qfficers aforesaid shall 
forthwith, after said election, make, certify and transmit, in 
separate sealed envelopes, to the secretary of State, the 
aggregate number of votes given in each town in said 
county for and against said proposition, to be by him laid 
before the governor and council, who shall, as soon as may 
be, proceed to count the same, and the aggregate number of 
votes given for and against said 'proposition shall be by 
them determined ; and if it shall appear to the governor 
and council that a majority of votes given upon said propo- 
sition shall be in favor thereof, then the governor shall issue 
his proclamation to the inhabitants of the county of Berk- 
shire, declaring that fact, to be published in four newspapers 
of the county, and declaring further that the said terms of 
the aforesaid courts shall be holden at Pittsfield, in con- 
formity with the provisions of this act; but if, upon said 
examination, it shall appear to the governor and council 
that a majority of the votes given upon said proposition are 
opposed to said proposition, then the governor shall, as 
soon as may be thereafter, issue his proclamation to the in- 
habitants of said county, declaring that fact, to Ue published 
in like manner, and declaring further that the said terms of 
the aforesaid courts shall be holden at Lenox, as now pro- 
vided by law, from and after the said first day of January, 
in the year of our Lord one thousand eight hundred and 
fifty-six. [Approved by the Governor, April 29. 1854.] 



1854.— Chapter 406. 311 

An Act relating to the Descent and Distribution of the Estates of In- Chap. 406 

testates. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the anthority of 
the same, as follows : 

Sect. 1. "When any man shall die seized of any lands, Widow with- 
tenements, or hereditaments, or of any right thereto or in- tujVd^tTha^f 
terest therein ia fee simple, not having lawfully devised the real estate, 
same, and leaving a "widov^, but no issue, the widow shall be 
entitled to one-half of the said estate during the term of 
her natural life. 

Sect. 2. If the whole or any part of the real estate so May improve 
taken by the widow, shall be wild or woodland, the widow "'°°^i^°'i- 
shall be entitled to use, clear and improve the same, in the 
same manner that the husband might do if living. 

Sect. 3. When any man shall die possessed of any per- Entitled to 
sonal estate, or any right or interest therein, not lawfully ^^"1°'^^^^^" 
disposed of by his last will, and leaving a widow, but no 
issue, the widow shall be entitled to the whole personal 
estate remaining after payment of the debts of the deceased, 
with the charges of his funeral and of settling his estate, 
provided such residue do not amount to more than five 
thousand dollars in value according to the appraisement. 
If such residue shall amount to more than five thousand 
dollars and less than ten thousand dollars in value, the widow 
shall be entitled to five thousand dollars out of the same. 
If the said residue shall amount to ten thousand dollars or 
upwards in value, the widow shall be entitled to one-half 
thereof: provided, that nothing in this act contained shall 
be held, in any case, to deprive a widow of her articles of 
apparel or ornament, or provisions or necessaries given her 
by the first section of the sixtj'-fourth chapter of the Ee- 
vised Statutes. 

Sect. 4. The foregoing provisions of this act shall be To be in lieu of 
in lieu of the widow's dower, at her election ; and her elec- ^^^^^' ^^^^^^' 
tion of the provisions of this act in preference to her dow- 
er shall be presumed, unless she file in the probate office her 
election to claim her rights of dower, in lieu of the provis- 
ions of this act, within six months of the date of the letters 
of administration. [Approved by the Governor, April 29, 
1854.] 



3i^ 1854.— Chapter 407. 

Chap. 407 An Act to establish the Fort Hill Corporation. 

Be it enacted by the Senate and House of Repi^esenta- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Corporators. gECT. 1. Ralph Htmtington, William Wright, William 
H. Saiiford, their associates and successors, be, and thej 
are hereby constituted a body corporate, by the name of 

Power.s.duties, the Fort Hill Corporation, with all the powers and privi- 
leges, and subject to all the duties, restrictions and lia- 
bilities, contained in the forty-fourth chapter of the Revised 
Statutes. 

May purchase Sect. 2. Said Corporation shall have po\v^er to purchase, 

and hold land, i i i n • V • i j.i • ^ 

hold and possess, in tee simple or otherwise, any part, or 
all the land, with the building, and other improvements 
thereon standing, situate in that part of Boston known as 
Fort Hill, and lying easterly of the estates fronting on Pearl 
Street, between Broad and Milk Streets ; southerly of the 
estates fronting on Milk Street, between Pearl and Battery- 
march Streets, southerly and "sVesterly of Batterymarch 
Street; southerly of the estates fronting on Broad Street, 
between Batterymarch and Purchase Streets, and westerly 
and northerly of that part of Broad Street, between said 
Purchase Street and its intersection with said Pearl Street ; 
May sell and an(j gaid Corporation shall have power to grant, sell and 

convey land. ' x- ' ^ j.i -^.i •! ' ^ 

convey, m lee simple, or otherwise, the said corporate prop- 
erty, or any part thereof, and to lease, mortgage, improve, 
or otherwise manage the same in such manner as may be 
deemed most for the interest of said corporation, and by 
such forms of conveyance, and contract, as the by-laws of 
Personal prop- the coiiipany shall provide ; and said corporation may hold 

erty, ^500,000; j-' ,^-, -■• i. £. ^ a A 

capital, personal property, not to exceed m amount live hundred 

^3,000,000. thousand dollars, and its whole capital stock shall not ex- 
ceed three millions of dollars. 
30,000 shares. Sect. 3. The stock and property of said corporation 
shall be divided into shares not exceeding thirty thousand 
in number, certificates of which shall be issued under the 
seal of the corporation, and signed by the president and 
How transfer- treasurer thereof, and said shares may be transferred by 
*^^' assignment on the back of the certificate, and be recorded 

by the clerk of said corporation, in a book kept for that 
purpose. 
Board of di- Sect. 4. Thc busincss affairs of said corporation shall 
be conducted by a board of not more than nine, nor less 
than five directors, to be chosen annually, by ballot. Each 



1854.— Chapter 407. 313 

shareholder shall be entitled to as many votes as he may hold 
shares in the corporation; and a majority of the directors 
so chosen, shall be necessary to form a quorum for the 
transaction of business. 

Sect. 5. The said directors may make such equal as- Assessments, 
sessments, from time to time, as they may deem expedient 
and necessary for the objects of the corporation ; and may 
direct the same to be paid to the treasurer thereof; and if 
any proprietor shall neglect or refuse to pay any assess- ^^ refusal to 
ment for the space of thirty days from the time the same &^c.' ™ ^ ^^ ' 
shall have been due, the directors may order the treasurer 
to sell said share or shares at public auction, to the highest 
bidder, after giving due notice thereof, and the same shall 
be transferred to the purchaser, and the delinquent pro- 
prietor shall be holden to pay said corporation the balance, 
if his share or shares shall sell for less than the amount 
assessed thereon, with the interest and cost of sale ; and 
shall be entitled to the overplus, if his share or shares shall 
sell for more than the assessment due, with the interest and 
cost of sale : provided, however, that no assessment shall Proviso, 
be laid on any share in said corporation, of a greater amount 
in the whole, than one hundred dollars on each share. 

Sect. 6. The mayor and aldermen of the city of Bos- ^^^ayor and ai- 

• ClcriDGIl to (16" 

ton, shall determine and prescribe in what manner said cor- tcrmine, .'tc. 
poration may dig down and lower the grade of said hill, 
and shall lay out streets of such width and direction as may 
be deemed for the public good, due reference being had to 
the reasonable accommodation of said corporation, which 
streets shall be and become public highways, whenever they 
shall have been accepted by the mayor and aldermen afore- 
said ; and said mayor and aldermen may discontinue the May diseon- 
old streets for the convenience, accommodation, and benefit *"^^^ streets, 
of said corporation : provided, however, that nothing in this Proviso, 
act shall be so construed as to authorize said corporation 
to take any lands belonging to any person or corporation, 
without the consent of the owner thereof; and in case, any 
land necessary for the streets herein authorized to be laid 
out, shall be taken by the mayor and aldermen, for the pur- 
pose of laying out or discontinuing any street or altering 
the grade thereof, the proprietors thereof shall be entitled 
to damages therefor, to be estimated and recovered in the 
manner provided by law for the recovery of damages occa- 
sioned by the laying out of highways ; and said corporation Corporation to 
shall give satisfactory bonds to said mayor and aldermen, to ^^^® 
pay into the city treasury all damages paid by said city for 

40 



314 1854.— Chapter 408. 

the laying out or discontinuauce of any street, or by altering 
the grade thereof, and all expenses incurred thereby ; and 
may require of said corporation, a bond with such conditions 
as the mayor and aldermen may prescribe, in relation to the 
expense of providing sewers and drains, in accordance with 
the conditions which may be imposed on said corporation 
relating to the discontinuance, laying out or lowering the 
grade of any street. 
Act void in Sect. 7. TMs act shall become void at the expiration of 
xmiess, &c. ' thrcc ycars from the date thereof, unless the said corpora- 
tion shall, within that period, have expended a sum not less 
than one hundred thousand dollars upon the objects herein 
set forth. 
Right not Sect. 8. Nothing: in this act shall in any way limit, re- 

abridfed ^ j i 

" ■ strain or abridge the right which the city of Boston now 

have, in and to the open space or common on the summit of 

the said Fort Hill. 
Act void, un- Sect. 9. TMs act sliall bc void and of no effect, unless 
ifi^one^year.^ the samc shall bc accepted by the city council of Boston, 

within one year from the date thereof. \^Approved by the 

Gover7ior, April 29, 1854.] 

Chap. 408 An Act to authorize the City of Boston to lay out a Highway. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Highway in Sect. 1. Thc mayor and aldermen of the city of Bostou 

are hereby authorized and empowered to lay out a highway, 
in continuation of Clinton Street, in said city, not exceeding 
sixty feet wide, and extending from the easterly line^ of 
Commercial Street, easterly, not exceeding two hundred 
and forty feet, and from some point on the said continua- 
tion, extending north-easterly, not exceeding sixty-six feet 
wide, and nearly parallel with said Commercial Street, to 
Eastern Packet Pier, and from some point on the said con- 
tinuation of Clinton Street, extending south-westerly, not 
exceeding forty feet in width, to City Wharf, so called : 

Proviso. provided, that the assent of the proprietors of the flats 

over which the said highway shall pass, shall be first 
obtained. 

Act repealed. Sect. 2. An act entitled "An Act to authorize the City 
of Boston to lay out a Highway," passed April twelve, 
eighteen hundred and fifty-four, is hereby repealed. 



1854.— Chapter 409. 315 

Sect. 3. This act shall take effect from and after its 
passage. [Appj-oved hy the Governor , April 28, 1854.] 

An Act concerning the Tenth Massachusetts Turnpike Corporation. CIllW. 409 

Be it enacted hy the Senate and House of Represeiita- 
tives, in General Court assembled, and hy the authority of 
the same, as folloics : 

Sect. 1. The Tenth Massachusetts Turnpike Corpora- Subject to cer- 
tion shall hereafter be subject to the provisions of the ^^'"^ statutes. 
fortieth section of the thirty-ninth chapter of the Revised 
Statutes, and the twelfth chapter of the statutes of eighteen 
hundred and forty; and the county commissioners may 
order the gates of said turnpike to be opened, in accord- 
ance with said provisions, whenever said turnpike shall be 
out of repair. 

Sect. 2. The franchise of said corporation, and all the Franchise, &c. 
rights and privileges thereof, so far as relates to the receiv- iadiment^*' 
ing of toll and all other corporate property, shall be liable 
to be attached and sold, on any execution hereafter issued, 
in any action for the recovery of damages, for an injury 
occasioned by a want of repair in said road, according to 
the provisions of chapter forty-four of the Revised Statutes. 

Sect. 3. The county commissioners may lay out said Road laid out 
road as a -public highway, at any time they shall think j^^ ^^ highway, 
expedient, upon paying to said corporation for the present 
value of said road, such sum as may be awarded by three 
referees to be appointed by the court of common pleas, if 
not agreed upon by the parties ; and the said county commis- 
sioners are hereby authorized to draw their order on the 
county treasurer for the amount so awarded. 

Sect. 4. This act shall not take effect unless said cor- Act not to take 
poration shall, within sixty days after its passage, cause a ^^^^^> unless, 
certified copy of the record of its acceptance by said cor- 
poration, to be filed in the office of the secretary of State. 

Sect. 5. Upon the acceptance, as above provided, of jf accepted, 
this act, but not otherwise, the district-attorney of the proceedings 
western district shall discontinue the proceedings in law sfo^pped. 
now pending against said corporation for a forfeiture of its 
charter, but said corporation shall recover no costs. If, at 
any time hereafter, said corporation shall fail to satisfy any 
execution recorded against it for damages for injuries sus- 
tained in consequence of defects in the said turnpike, the 
said district-attorney shall, without further authority, imme- 



31H 1854.— CHArTERs 410, 411. 

tliately prosecute said company for a forfeiture of its char- 
ter, for tlie causes now existing. [Appj^ovcd by the Gov- 
ernor, April 2d, 1854.] 

Chop. 410 An Act to incorporate the Rotary Smoothing Iron Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Corporators. Sect. 1. Samuel M. Folsom, Jerome B. Judkins, Samuel 
G. Damon, George Sennott, their associates and successors, 
are hereby made a corporation, by the name of the Rotary 
Smoothing Iron Company, in the city of Boston and county 
of Suffolk, for the purpose of manufacturing rotary and self- 
Powers, duties, heating smoothing irons ; with all the powers and privileges, 
^' and subject to all the duties, restrictions and liabilities, set 

forth in the thirty-eighth and forty-fourth chapters of the 
Revised Statutes. 
Real estate, Sect. 2. The said corportion may hold real estate to 
fapitai! ' the amount of fifty thousand dollars, and the whole capital 
^250,000. stock shall not exceed two hundred and fifty thousand 

dollars. 
No shares to Sect. 3. No sharcs iu the capital stock of said corpora- 
der par!'^ "'^" tion shall be issued for a less sum or amount, actually paid 
in on each, than the par value of the shares which shall 
first be issued. 

Sect. 4. This act shall take effect from and after its 
passage. {^Approved by the Governor, April 29, 1854.] 

CAflp. 411 An Act to incorporate the Washacum Reservoir Company. 

Be it enacted by the Se?iate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Corporators. Sect. 1. Edward H. Eldredge, Horatio N. Bigelow, 
Franklin Forbes, their associates and successors, are here- 
by made a corporation, by the name of the Washacum 

Purpose. Reservoir Company, for the purjJose of holding, maintain- 
ing, managing and improving, by means of a dam or dams, 
or otherwise, a reservoir of water, to comprise the Washa- 
cum Ponds, so called, in the town of Sterling, and their 
outlets and tributaries, for the better supply of the mills on 

Powers, duties, the Nashua River ; with all the powers and privileges, and 
subject to all the duties, liabilities and restrictions, set forth 
in the thirty-eighth and forty-fourth chapters of the Revised 



1854.— Chapter 412. 317 

Statutes, and to the conditions of an act passed at tlie pres- 
ent session of the legislature, and approved by the governor, 
April 15, 1854, entitled "An Act relating to Mill and Reser- 
voir Dams." 

Sect. 2. Said company, for the purposes aforesaid, may Real estate, 
hold real estate, to the value of ten thousand dollars, and capital, ' 
the whole amount of the capital stock shall not exceed Si'5.ooo. 
fifteen thousand dollars. 

Sect. 3. Any corporation, established by law, in this other corpora- 
Commonwealth, and owning, or having an interest in, any shalcs!^^^ 
mill privilege on said Nashua River, may, witli* the consent 
of said reservoir company, purchase and hold shares in the 
capital stock thereof, in such number and of such value as 
said corporation may deem expedient. 

Sect. 4. No shares in the capital stock of said company No shares to 
shall be issued for a less sum or amount, to be actually paid pan^"*^ 
in on each, than the par value of the shares which shall be 
first issued. 

Sect. 5. This act shall take effect from and after its 
passage. [Approved by the Governoi', April 29, 1854.] 



An Act to incorporate the Boston Board of Trade. Chap. 412 

Be it enacted by tlie Senate and House of Representa- 
tives, in General Court assembled, and by the autliority of 
the same, as follows : 

Sect. 1. James M. Beebe, Silas Potter, James C. Con- Corporators, 
verse, their associates and successors, are hereby made a 
corporation, by the name of the Boston Board of Trade, 
for the purpose of promoting trade and commerce in the Purpose, 
city of Boston and its vicinity ; with all the powers and Powers, duties, 
privileges, and subject to all the duties, liabilities and re- '^^• 
strictions, set forth in the fort3'-fourth chapter of the Re- 
vised Statutes : provided, however, that this act shall not be Proviso, 
construed to authorize said corporation to traffic in goods, 
wares or merchandise, of any description. 

SeCt. 2. Said corporation may hold real and personal Tteai and per- 
estate, to an amount not exceeding one hundred thousand p'co.ooo.'^^'^^' 
dollars, to be devoted exclusively to the purposes of said 
corporation. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, April 'l^, 1854.] 



318 1854.— Chapters 413, 414. 

0/lCip. 4:1 o An Act to incorporate the Middlesex Cordage Company. 

Be it enacted by the Senate and House of Representa- 
tives, iti General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. James Arkerson, Hiram Brooks, Otis Greene, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Middlesex Cordage Company, for 
Purpose. the purpose of manufacturing cordage, in the city of Cam- 
Powers. duties, bridge and county of Middlesex ; with all the powers and 
privileges, and subject to all the duties, restrictions and lia- 
bilities, set forth in the thirty-eighth and forty-fourth chap- 
ters of the Revised Statutes. 
^^^1 estate, Sect. 2. The Said corporation may hold real estate, 
capital, ' necessary and convenient for the purposes aforesaid, to the 
^100,000. amount of fifty thousand dollars, and the whole capital stock 

shall not exceed one hundred thousand dollars. 
No shares to Sect. 3. No sharcs in the capital stock of said corpora- 
der pTr! "^' tion shall be issued for a less gum or amount, to be actually 
paid in on each, than the par value of the shares which 
shall be first issued. 

Sect. 4. This act shall take effect from and after its 
passage. [Approved by the Governor, April 29, 1854.] 



Chap, 414 An Act to incorporate the Franklin Society. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authprity of 
the same, as folloios : 

Corporators. Sect. 1. William W. Gannett, Benjamin H. Currier, 
Henry Hart, their associates and successors, are hereby 
made a corporation, by the name of the Franklin Society, 
Purpose. for the purpose of encouraging the introduction and exten- 
sion of new and useful improvements, inventions, or discov- 
eries in the arts and sciences, mechanics and manufactures, 
by premiums, exhibitions, and otherwise, and for thq pur- 
pose of relieving distressed artists and mechanicians and 
Powers, duties, their families; with all the powers and privileges, and sub- 
ject to all the duties, restrictions and liabilities, set forth 
in the forty-fourth chapter of the Revised Statutes. 
Real estate, Sect. 2. Said Corporation may hold real estate to the 
personal', amouut of twcuty thousaud dollars, and personal estate to 
550,000. the amount of fifty thousand dollars, to be appropriated ex- 

clusively to the purposes aforesaid. [Approved by the Gov- 
ernor, April 29, 1854.] 



1854. — Chapters 415, 416. 319 

An Act to incorporate the East Cambridge Five Cents Savings Bank. Chap. 41o 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Frederic W. Holland, Joseph Whitney, George Corporators. 
Stevens, William Parmenter, John S. Ladd, Caleb Hayden, 
Ephraim Buttrick, Lewis Hall, Lorenzo Marrett, Norman S. 
Gate, Charles B. Stevens, Samuel Slocumb, Anson Hooker, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the East Cambridge Five Cents Sav- 
ino-s Bank, to be established in the city of Cambridge ; with 
all the powers and privileges, and subject to all the duties, Powers.duties. 
liabilities and restrictions, set forth in the thirty-sixth chap- ' 
ter of the Revised Statutes, and in all other laws of this 
Commonwealth, relating to institutions for savings. 

Sect. 2. Said corporation shall receive on deposit, sums Deposits. 

as small as five cents. 

Sect. 3. Whenever any deposit shall be made ^7 any Tms^t^ees ^nay 
minor, the trustees of said corporation may, at their dis- 
cretion, pay to such depositor, such sums as may be due to 
him or her, although no guardian shall have been appointed 
for such minor, or the guardian of such minor shall not have 
authorized the drawing of the same; and the check, receipt Mmo^-'^eceipt 
or acquittance of such minor, shall be as valid as if the same 
was executed by a guardian of such minor, or the said 
minor was of full age, if such deposit was made personally 
by said minor. 

Sect. 4. This act shall take effect from and alter its 
passage. ^Approved by the Govertior, April 29, 1854] 



An Act in relation to Female Convicts. Chap. 416 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. L Whenever any female with a nursing infant, Se^^tence^offo^ 
shall be convicted of any offence punishable by imprison- ^.jth infants, 
ment in the house of correction, the judge before whom the 
said conviction shall take place, may sentence the said fe- 
male to some poor-house or house of industry, in the county 
in which such female may be convicted. _ 

Sect. 2. Whenever it shall appear to the physician of Femaies^en- 
any house of correction, that any female convict is m a state fened to poor- 
of preo-nancy, any judge of the court of common pleas may,^°^^^^«- 



3^0 i854.— Chapter 417. 

upon the application of the officers of said house of cor- 
rection, or of said convict, revise said sentence, so far as to 
order the transfer of said convict to any poor-house or house 
of industry in the same county, for such term as he may 
deem expedient, but not to exceed the remainder of the 
original sentence. 
Removed upon Sect. 3. Any judgc of the court of common pleas may, 
app ica ion. ^pQj^ ^l^g application of the officers of any house of correc- 
tion, cause any female convict so sentenced or transferred, 
to be removed to the house of correction before the expira- 
tion of ^aid sentence. 
Allowance for Sect. 4. For the support and custody of any such fe- 
suppor . male convicts, so sentenced or removed, there shall be paid 

out of the county treasury the sum of two dollars per -week, 
to the town in which said sentence shall be executed. [Ap- 
proved by the Governor, April 29, 1854.] 

Cy/lCip. 417 An Act concerning the Time of Payment of Damages for Lands taken 

for Railroads. 

Beit enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Part repeal of Sect. 1. The sccoud scctiou of the act of May nine- 
act of i8o3. teenth, of the year eighteen hundred and fifty-three, being 
chapter three hundred and fifty-one of the acts of that year, 
entitled, " An Act in addition to the several Acts relating 
to County Commissioners, and also in relation to Bail- 
roads," is hereby repealed. 
Locations may Sect. 2. Any railroad corporation, which, since the pas- 
^e^ wi rawn, ^^^^ ^^ ^^.^ ^^^^ ^^^ locatcd its railroad over any land, but 

not entered thereon, and taken possession thereof, for the 
purpose of constructing its railroad, may, within one year 
from the passage of this act, withdraw said location, in 
whole or in part, by filing with the county commissioners of 
the county where such land lies, or the mayor and aldermen 
of the city of Boston, if such land lies within their jurisdic- 
tion, a written description of the part from which it elects 
to withdraw its location; but such withdrawal shall not 
impair the legal rights of any person ; and an omission so 
to withdraw any such location shall be deemed an entry on 
the land so located over. [Approved by the Governor, 
April 2d, 1854.] 



I 



1854— Chapters -418, 419. 321 

An Act to incorporate the Mechanics' Brick Manufacturing Company^ Chap. 418 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Benjamin T. Martin, Nehemiah Boynton, J. B. Corporators. 
Prince, their associates and successors, are hereby made a 
corporation, by the name of the Mechanics' Brick Manufac- 
turing Company, for the purpose of manufacturing; brick in 
the town of Chelsea, in the county of Suffolk ; with all the Duties, Uabiii- 
powers and privileges, and subject to all the duties, restric- ^^^' 
tions and liabilities, set forth in the thirty-eighth and forty- 
fourth chapters of the Revised Statutes. 

Sect. 2, The said corporation may hold real estate nee- Real estate, 
essary and convenient for the purposes aforesaid, not ex- capital, ' 
ceeding in amount, fifty thousand dollars, and the whole ^100,000. 
capital stock of said corporation shall not exceed one hun- 
dred thousand dollars : provided, however, that ho shares in No shares to 
the capital stock of said corporation shall be issued, for a ^er par. 
less sum or amount, to be actually paid in on each, than the 
par value of the shares which shall be first issued. 

Sect. 3. This act shall take effect from and after its 
passage. \_Approved by the Governor, April 29, 1854.] 



An Act in relation to Prosecutions for Fines enuring to the Use of Chap. 419 

Cities. 

Be it enacted by the Senate and House of Representa- 
tives, in General Cornet assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. The city marshal, or other principal police ofifi- City officers 
cer of any city in the Commonwealth, may prosecute for all "^^ 
fines and forfeitures which may enure to the use of such 
city, or of the poor thereof, and may also prosecute for 
trespasses committed on any public building or enclosure 
within the limits of such city. 

Sect. 2. So much of the sixty-second and sixty-third inconsistent 
sections of the fifteenth chapter of the Revised Statutes as ^° ^^^^^ 
is inconsistent with the provisions of this act, is hereby re- 
pealed. [Approved by the Governor, April 29, 1854.] 

41 



822 1854.— Chapters 420, 421. 

Chap. 420 An Act to incorporate the Traders' Mutual Fire Insurance Company. 

Be it enacted by the Senate ajid House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. A. Eicliardsoii, E. W. Johnson, Joseph Nickerson, their 
associates and successors, are hereby made a corporation, 
by the name of the Traders' Mutual Fire Insurance Compa- 
Duration. ny, to be established in the city of Boston, for the term of 
Purpose. twenty years, for the purpose of insuring dwelling-houses 
and other buildings, and personal property, against loss by 
Powers, duties, fire ; with all the powers and privileges, and subject to all 
^' the duties, liabilities and restrictions, set forth in the thirty- 

seventh and forty-fourth chapters of the Revised Statutes, 
and in all other laws of this Commonwealth, made or to 
be made, relating to such corporations. {Approved by the 
Governor, April 29, 1854.] 

Chap. 421 An Act to establish the Dorchester and Milton Extension Railroad. 

Be it enacted by the Seriate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Robert M. Todd, Edward King, Nathaniel F. 
Safford, their associates and successors, are hereby made a 
corporation, by the name of the Dorchester and Milton 

Duties, liabiii- Extcnsion Railroad Company, with all the powers and priv- 

ties, L^c. ileges, and subject to all the duties, liabilities and restric- 
tions, set forth in the forty-fourth chapter of the Revised 
Statutes, and in that part of the thirty-ninth chapter of the 
Revised Statutes relating to railroad corporations, and in 
all general statutes that have been or shall be hereafter 
passed,- relating to railroad corporations. 

Location. Sect. 2. Said company are hereby authorized and em- 

' powered to locate, construct and maintain a railroad, with 
one or more tracks, from some convenient point on the 
Dorchester and Milton Branch Railroad, west of the station 
at Milton Lower Mills, to some convenient point of inter- 
section with the Midland or the Boston and New York 
Central Railroad, as the name may be, thence crossing said 
Midland or the Boston and New York Central Railroad, as 
the name may be, and extending to some convenient point 
of intersection with the Boston and Providence Railroad, 
between the Readville and Monterey Stations ; and the com- 
pany hereby incorporated are empowered to terminate their 



1854.— Chapter 421. 323 

railroad extended from the Dorchester and Milton Branch 
Railroad at the aforesaid point of intersection with the 
Midland or the Boston and New York Central Railroad, as 
the name may be, or to enter upon, use and pass over a por- 
tion of the Midland or the Boston and New York Central 
Railroad, as the name may be, between said point of inter- 
section and the point where said Midland or the Boston 
and New York Central Railroad, as the name may be, 
crosses the Boston and Providence Railroad, according to 
the provisions of law, and also to construct and maintain a 
portion of railroad connecting said Midland or the Boston 
and New York Central Railroad, as the name may be, with 
the Boston and Providence Railroad, and uniting therewith 
at or near the Readville Station. 

Sect. 3. The capital stock of said company shall consist oooshare^s,^ 
of not more than five hundred shares of one hundred dollars ' 
each, the number of which shall be determined, from time to 
time, by the directors thereof. 

Sect. 4. If the location of said railroad, or of some ^°^^l°^^^^^'^ 
section thereof herein authorized, be not filed according to ^"""^ 
law within two years ; and if said railroad or the section 
thereof located, be not completed within three years from 
the passage of this act, so much of this act as relates to 
the section or sections not so located and constructed, shall 

be void. 

Sect. 5. Said company are hereby authorized to enter May unite with 
upon and unite their railroad, by proper means, with the ° ' 
Dorchester and Milton Branch Railroad, and with the Mid- 
land or Boston and New York Central Railroad, as the 
name mav be, and to use the same agreeably to the pro- 
visions of law ; and also to unite their railroad with the 
Boston and Providence Railroad : provided, hoivever, that Proviso, 
the consent of the Boston and Providence Railroad Corpo- 
ration shall be first had and obtained to the union with their 
railroad, as last named, which consent, when granted, shall 
be irrevocable on their part; and the said Boston and Prov- 
idence Railroad Corporation shall not at any time be com- 
pelled to transport on any part of their railroad, or any 
Lpart of the railroad known as the Dedham Branch Railroad, 
any freight or passengers to or from the railroad hereby 
established, except upon such terms as shall be agreed upon 
by and between the said Boston and Providence Railroad 
Companv, and the corporation hereby established; and 
provided, also, that in case the Boston and Providence Rail- Provided, also 
road Company shall not consent to said union with their 



324 1854.— Chapter 422. 

railroad, the provisions of this act in all other respects 
shall not be thereby impaired or aJBtected. 
May convey Sect. 6. The Dorchcstcr and Milton Extcnsion Railroad 
rights, &c. Company may transfer and convey their rights, privileges, 
jjroperty and franchise, nnder this charter, to the Dorches- 
ter and Milton Branch Railroad Company, and said corpo- 
ration is authorized to take, receive and hold the same, 
whenever a major part of the stockholders thereof shall 
elect so to do ; and for this purpose, the Dorchester and 
Milton Branch Railroad Company may increase their capital 
stock by new shares to an amount not exceeding fifty thou- 
sand dollars, and upon such transfer and conveyance, 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; and upon such transfer or 
conveyance, the Dorchester and Milton Branch Railroad 
Company shall continue to have and exercise the same 
rights and privileges a,s said company now have and exer- 
cise, together with the additional rights and privileges 
• hereby granted. [App7^oved by the Governor, April 29, 
1854.] 



Chap. 422 An Act to incorporate the Moody House Hotel Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Corporators. Sect. 1. Jamcs G. Moorc, Horatio Moore, Thomas Gor- 

ham, their associates and successors, are hereby made a 

corporation, by the name of the Proprietors of the Moody 

House Hotel, for the purpose of erecting a hotel, in the 

town of "Waltham, and maintaining such public house, and 

the buildings and improvements connected therewith ; and 

Powers,duties, for thcsc purposcs, shall have all the powers and privileges, 

^'^- and be subject to all the duties, restrictions and liabilities, 

set forth in the forty-fourth chapter of the Revised Statutes : 

Proviso. provided, hoioever, that said corporation shall not carry on 

the business of hotel-keeping. 

575,000 real Sect. 2. The whole amount of real and personal es- 

and personal \qXq, ov Capital stock, which Said corporation may hold, for 

the purposes aforesaid, shall not exceed seventy-five thou- 

No shares to sand dollars in value : provided, hoioever, that no shares in 

be issued un- i\q capital stock of Said corporation, shall be issued, for a 

er par. ^^^^ ^^^ ^^ amount, to bc actually paid in on each, than the 

par value of the shares which shall be first issued. 



1854.— Chapters 423, 424. 325 

Sect. 3. This act shall take effect from and after its 
passage. [App^^oved by the Governor, April 29, 1854.] 

An Act in addition to tlie Acts relative to the Returns to be made by C/uf)). 423 
Railroad Corporations. 

Be it enacted by the Senate and Mouse of Representa- 
tives, i?i General Conrt assembled, and by the anthoriiy of 
the same, as folloivs : 

The annual report now by law required to be made by To contain in- 
the directors of the several railroad corporations within speTtlne^mort- 
this Commonwealth shall, hereafter, contain full information gages, &c. 
upon the several items herein-after enumerated, to wit : 
amount of debts secured by mortgage of road, and fran- 
chise, or any property of the corporation, per last report ; 
mortgage debt paid since last report ; mortgage debt, in- 
crease of, since last report; total present amount of mort- 
gage debt ; number of mortgages on road and franchise, or 
any property of the corporation. [Appy^oved by the Gov- 
ertior, April 29, 1854.] 



An Act to prevent Incendiarism. Chop. 424 

Be it enacted by the Senate and House of Bepresenta- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Whenever any building, or other property in Justice to sum- 
the Commonwealth, shall be destroyed by. fire, and a com-™°° '*^'"-'" 
plaint within ten days thereafter, shall be subscribed and 
sworn to, before any justice of the peace for the county 
where such fire shall happen, alleging that reasonable 
grounds exist for believing that said fire was not accidental 
in its origin, but was caused by design, it shall be the duty 
of such justice forthwith to issue his warrant, to some con- 
stable of the town or city where such property was 
destroyed, requiring him to summon immediately, six good 
and lawful men of the county to appear before said justice, 
at the time and place expressed in the warrant, to inquire 
when, how, and by what means said fire originated. And in 
case of the non-appearance of any person so summoned, the 
constable shall, by order of said justice, return some person 
from the bystanders to complete said number. 

Sect. 2. When the persons thus summoned appear, or Jurors to be 
the number be made complete, the said justice shall call ®^°''"- 
over their names, and then, in view of the spot on which 



326 1854.— Chapter 425. 

said property was destroyed, he shall administer the follow- 
ing oath : — 

You solemnly swear that you will diligently inquire, and 
true presentment make, on behalf of this Commonwealth, 
when, how, and by what means the fire which has here oc- 
curred, was caused, and you shall return a true inquest, 
according to your knowledge and such evidence as shall be 
laid before you. 
Witnesses sub- Sect. '3. The justicc may issue subpoenas for witnesses, 
poenaec. returnable forthwith, at such time and place as he shall 

therein direct. Such witnesses shall be allowed the same 
fees, and their attendance shall be enforced in the same 
manner, as if they had been served with a subpoena in be- 
half of the Commonwealth, to attend any court of the same. 
To be sworn. Qect. 4. An oath to the following efiect shall be ad- 
ministered to such witnesses by said justice : — 

You solemnly swear, that the evidence which you shall 
give to this inquest, concerning the origin of the fire, of 
which inquiry is now to be made, shall be the truth, the 
whole truth, and nothing but the truth, so help you God. 
Testimony in Sect. 5. The testimony of all witnesses examined be- 
wntmg. ^^^,^ ^^^ inquest, shall be reduced to writing by said pre- 

siding justice, or some other person by liis direction, and 
subscribed by the witnesses. 
Testiniony and Sect. 6. The jury, after hearing the testimony of the 
b^^fikd.'""^ ^° witnesses, and making all needful inquiry, shall draw up, 
and deliver to said justice, their inquisition under their 
hands, in which they shall find and certify when, how, and 
by what means such fire was caused, and said inquisition and 
testimony, thus subscribed, shall be filed by said justice, with 
the clerk of the courts for said county, within one week 
thereafter. 
Expenses, how Sect. 7. The fccs of said iusticc, and the expenses of 
said inquisition, shall, m amount and manner of payment, be 
the same as is now provided by law for coroners' inquests. . 
[Approved by the Goveriior, April 29, 1854.] 



paid. 



iylmp. 425 An Act to incorporate the Boston Electric Clock Company. 

Be it enacted hy the Senate and Ho^ise of Representa- 
tives, in General Court assembled., and, by the authority of 
the same, as folloios : 

Corporators. Sect. 1. Moscs G. Farmer, Edward Howard, Jesse C. 
Eowe, their associates and successors, are hereby made a 
corporation, by the name of the Boston Electric Clock 



1854.— Chapter 426. 327 

Company, for the purpose of manufacturing and selling 
electric clocks and connecting the same by telegraphic lines, 
for the purpose of securing uniform time and furnishing 
electricity to electric clocks and telegraphs; which com- 
pany is to be located in the city of Boston, in the county 
of Suffolk ; with all the powers and privileges, and subject f^"^^^;''^.,^'''"^- 
to all the duties, restrictions and liabilities, set forth m " \ 
the thirty-eighth and forty-fourth chapters of the Eevised 

Statutes. 

Sect. 2. The said corporation may hold real estate, Reau^ute, 
necessary and convenient for the purposes aforesaid, not capital, ' 
exceeding in amount thirty thousand dollars, and the whole Sioo,ooo. 
capital stock of said corporation shall not exceed in amount 
the sum of one hundred thousand dollars. _ ^^ ^^^^^^ ^^ 

Sect. 3. No shares in the capital stock of the said cor- ^^ ^^^^^^ ^n- 
poration shall be issued for a less sum or amount, to be der par. 
actually paid in on each, than the par value of the shares 
which shall first be issued. 

Sect. 4. This act shall take effect from and after its 
passage. [Approved by the Gover?ior, April 29, 1854] 

An Act to incorporate the New England Blank Book Ruling and Paging Chap. 426 

Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. Charles C. Conley, James F. Whittemore, Corporators. 
Asael H. Wildes, Choate Burnham, Joseph G. Martin, J. A. 
Bullard, their associates and successors, are hereby made a 
corporation, by the name of the New England Blank Book 
Ruling and Paging Company, at Boston, for the purpose of 
manufacturing machines, and machinery for, and of ruling, 
heading and paging blank books, and purchasing, holding, 
selling and using patent rights for the same; with all the Po^^ers,_d«- 
powers and privileges, and subject to all the duties, restric- 
tions and liabilities, set forth in the thirty-eighth and forty- 
fourth chapters of the Revised Statutes. 

Sect. 2. Said corporation may hold real estate, not ex- ^ll\f^^^^' 
ceeding in value fifty thousand dollars, and personal estate personal, 

to the "value of not more than two hundred and fifty thou- ^250,000. 

sand dollars. 

Sect. 3. No shares in the capital stock of said corpora- J^^o . J^^jes^^o 

tion shall be issued for a less sum or amount, paid in on der par. 

each, than the par value of the shares which shall be first 

issued. 



328 1854.— Chapters 427, 428. 

Sect. 4. This act shall take effect from and after its 
passage. [Approved hy the Governor, April 29, 1854.] 

Lliap. izl ^u Act to incorporate the Seekonk Water Power Company. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Corporators. Sect. 1. J. Carter Brown, Zachariah Allen, William 
Goddard, their associates and successors, are hereby made 
a corporation, by the name of the Seekonk Water Power 
Company, with power to purchase and hold one or more 
dams across the '' Ten Mile River," in the town of Seekonk, 
in the county of Bristol, and to create and maintain a water 
power, to use or sell, or lease to other persons to use, for 
Powers, duties, manufacturing and mechanical purposes ; with all the pow- 
ers and privileges, and subject to all the duties, restrictions 
and liabilities, set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 
?loUo*^*^' Sect. 2. Said corporation may purchase and hold real 
capital, ' estate, not exceeding in value fifty thousand dollars, and the 
;?ioo,ooo. -^rhole capital stock shall not exceed one Imndred thousand 
dollars. 

bl° issueT'ui° ^^^^' ^* "^^^ shares in the capital stock of said corpora- 
der par. ' tiou shall be issucd 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. 

Sect. 4. This act shall take effect from and after its 

passage. \Ap)proved by the Governor, April 29, 1854.] 



Lihcip. 4-cb An Act to make further Provisions for Widows in certain Cases. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Widows may When any man shall die, having lawfully disposed of his 

waive wiil, / o */ i 

estate by his will, and leaving a widow, the widow may, at 
any time within six months after the probate of the will, 
waive the provisions made for her in the will ; and she shall, 
in such case, be entitled to such portion of the real and 
personal estate as she would have been entitled to if her 
Proviso. husband had died intestate: provided, hoicever, that the 

widow shall not, in any such case, be entitled to receive 
more than ten thousand dollars out of the personal estate. 
{^Approved by the Governor, April 29, 1854.] 



1854.— Chapters 429, 430. 329 

An Act to authorize Cities and Towns to Appropriate Money for certain Chap. 429 

Purposes, 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The several cities and towns in this Commonwealth are May i^ubiish 
hereby authorized, to raise and appropriate such sums ot 
money as they may deem proper, for the purpose of pro- 
curing the writing and publication of histories of such cities 
or towns respectively. [Approved by the Governor, April 
29, 1854.] 



An Act in relation to the Lunatic Hospital at Taunton, and the State Chap. 430 

Prison. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. In order to provide means for completing and S94,ooo scrip 
furnishing the Lunatic Hospital at Taunton, and making fur- "'^^ ^ '^^"® • 
ther improvements, and purchasing land in connection with 
the State Prison at Charlestown, the treasurer is hereby 
empowered, under direction of the governor, with the ad- 
vice and consent of the council, to issue scrip or certificates 
of debt in the name and behalf of the Commonwealth, and 
under his signature and the seal of the Commonwealth, to 
an amount not exceeding ninety-four thousand dollars, bear- 
ing an interest of five per cent, per annum, payable semi- 
annually, on the first days of January and July, with war- 
rants for interest attached thereto, signed by the treasurer, 
which scrip or certificates of debt shall be redeemable on 
the first day of July, eighteen hundred and seventy-four, 
and shall be countersigned by the governor of the Corn- 
monwealth, and be deemed a pledge of the faith and credit 
of the Commonwealth for the redemption thereof; and the 
treasurer may, under the direction of the governor and 
council, dispose of any portion of said scrip, at any price 
not less than its par value. 

Sect. 2. The treasurer, under direction of the governor Treasurer may 

.,..,. f J.^ • c borrow money. 

and council, may borrow, m anticipation ot the issue ot any 
of the scrip authorized as above, such sums as may be nec- 
essary for the purposes of this act : provided, that the whole 
amount borrowed by authority hereof, and remaining unpaid, 

42 



330 1854— Chapter 431. 

shall at no time exceed the sum of ninety-four thousand dol- 
lars. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, April 29, 1854.] 

Chap. 431 An Act to increase the Capital Stock of the Rockland Bank. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Additional Sect. 1. The President, Directors and Company of the 

capita . Rockland Bank, in Roxbury, are hereby authorized to in- 

crease 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 
Proviso. directors may determine : pj'ovided, however, that the whole 

amount shall be paid in before the first day of May, in the 
year one thousand eight hundred and fifty-five. 
Remonstrance Sect. 2. If any of thc Stockholders of said bank re- 
*°*^^^°^"*^°^monstrate 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 June 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. 
Additional Sect. 3, The additional stock aforesaid, when paid into 

''^ u^x^ ^^^j^'^* said bank, shall be subject to the like tax, regulations, re- 
strictions and provisions, to which the present capital stock 
of said bank is now subject. 
Certificate to Sect. 4. Bcforc Said Corporation shall proceed to do 
the^lea-etary l^usincss ou Said .additional capital, a certificate, signed by 
of state. 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 thc office of the secretary of 
the Commonwealth. 

Sect. 5. This act shall take effect from and after its 
passage. [Approved by the Governor, April 29, 1854.] 



1854.— Chapters 432, 433. 331 

An Act to incorporate the Atlantic Telegraph Company. G/iap, 432 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Charles H. Hudson, Benaiah B. Titcomb, Corporators. 
Thomas P. Pingree, their associates and successors, are 
hereby made a corporation, by the name of the Atlantic 
Telegraph Company ; with all the rights and privileges, and Powers, duties, 
subject to all the restrictions and liabilities contained in '^' 
the forty-fourth chapter of the Revised Statutes, and in an 
act approved on the ninth day of April, in the year one 
thousand eight hundred and forty-nine, entitled " An Act 
concerning Electric Telegraph Companies and Electric Tel- 
egraphing." 

Sect. 2. Said corporation is hereby authorized to con- May construct 
struct, maintain and use, lines of telegraph between the city ^^^^^h °^ *^^^ 
of New York, in the State of New York, and the city of 
Halifax, in the Province of Nova Scotia, (the same to be 
extended through this State,) with such branches as they 
may deem expedient; subject however, to such laws, in 
reference thereto, as have been, or may hereafter be passed, 
by this State, or other States or Provinces, in which any 
part of such telegraph lines may be constructed. 

Sect. 3. The capital stock of said corporation, shall be Capital stock, 
of such an amount as may, from time to time, be found to v?20o,ooo, 

t, , "^ 1 . ^ .in shares of 

be necessary, lor the exclusive purpose oi constructing, ^50 each, 
maintaining and using, the lines of telegraph hereby author- 
ized and contemplated ; but not, in any case, to exceed the 
sum total of two hundred thousand dollars, to be divided 
into shares of fifty dollars each ; and no shares in the cap- no shares to 
ital stock of said corporation, shall be issued, for a less ^® issued un- 
sum or amount, to be actually paid m on each, than the par 
value of the shares which shall be first issued. 

Sect. 4. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, April 29, 1854.] 



An Act for the Annexation of Charlestown to Boston. Chcip. 433 

Be it enacted by the Senate and House of Representa- 
tives, in Getieral Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. All that territory now comprised within the Annexation, 
limits of the city of Charlestown, in the county of Middle- 
seX; with all the inhabitants and estates therein, is hereby 



332 



1854— Chapter 433. 



Proviso. 



Election of 
senators, &c. 



Divided into 
wards. 



annexed to and made a part of the city of Boston, in the 
county of Suffolk, subject to the same laws and municipal 
regulations, and entitled to the same immunities, in all re- 
spects, as the said city of Boston : provided, hoioever, that 
the territory so transferred shall, for the purpose of elect- 
ing senators to the general court, continue to be and remain 
a part of the senatorial district of Middlesex, until otherwise 
constitutionally provided ; and for the purpose of electing 
representatives to the general court, the said territory shall, 
until otherwise constitutionally provided, be and remain a dis- 
tinct representative district, entitled to the same number of 
representatives, and subject to the same duties and obliga- 
tions, in relation to the choice of said representatives, as 
the said territor}', or the inhabitants thereof, would have 
possessed by the laws of the Commonwealth, if this act had 
not been passed ; and provided, further, that so long as 
the territory so transferred shall remain a distinct sena- 
torial or representative district, as aforesaid, the same, or 
any part thereof, shall not be set out or attached, by the 
city council of said city of Boston, to any other part of 
said city for the purpose of forming any ward or wards of 
said city; but the same shall remain separate, and be 
divided into such ward or wards as the said city council 
may determine, except as herein-after provided. 

Sect. 2. The mayor and aldermen of the city of Boston 
shall issue their warrants for all meetings called for the 
election of senators and representatives aforesaid, in the 
territory so transferred, conformably to the provisions of 
this act ; and it shall be the duty of the ward officers to 
certify the votes cast therein for senators and representa- 
tives, to the mayor and aldermen of said city of Boston, 
who shall certify the same in the same manner as they are 
now required by law to certify the votes cast in said city 
of Boston for senators and representatives. 

Sect. 3. The city council of said city of Boston shall, 
as soon as may be after this act shall take effect, divide the 
territory hereby transferred into two convenient wards, in 
which the number of legal voters shall be as nearly equal 
as possible, and the limits of which, as so divided, shall 
remain fixed until the next alteration of ward limits by the 
said city council, according to law ; and the two additional 
wards so established shall be entitled to the same number 
of councilmen, school committee men, overseers of the poor, 
assistant assessors, ward officers, and all other officers not 



1854.— Chapter 433. 333 

herein mentioned, as the other wards of said city of Boston 
are entitled to. 

Sect. 4. The territory so transferred, and the inhabit- Taxes, 
ants thereon, and their estates, shall be liable for all taxes 
already assessed and not paid, and also all city, county, and 
state taxes, that may be hereafter assessed on them by said 
city of Charlestowu, and before this act shall take effect, in 
the same manner as they would have been liable if this act 
had not been passed. 

Sect. 5. All the public property of the said city of Public proper- 

• tv transferred 

Charlestown shall become, and is hereby declared to be, 
the property of the city of Boston; and the city treasurer 
of Charlestown shall, under the direction of the mayor and 
aldermen of said city of Charlestown, who for this purpose 
shall continue to hold their offices over, transfer, deliver, 
pay over, and account for, to the city treasurer of Boston, 
all books, papers, moneys, and other property in his posses- 
sion as city treasurer, when this act shall take eflect ; and 
the city of Boston shall, thereafter, be held liable for the 
public debt of Charlestowu ; and all interest of the said 
city of Charlestown in the public property of the county of 
Middlesex is hereby released and acquitted to the said 
county of Middlesex ; and if, at any time after this act shall 
take efiect, judgment shall be recovered against said county, 
upon any debt existing when this act shall take effect, and 
any execution thereon shall be levied upon the property of 
said city of Charlestown, or of any inhabitant thereof, and 
shall not be reimbursed to the party paying the same within 
thirty days after such levy, with interest and all necessary 
costs and charges, from the county treasury of said county, 
the party so paying as aforesaid may sue out a writ of scire 
facias against said county of Middlesex, from the same 
court in which the judgment was rendered, to show cause 
why judgment and execution should not be awarded against 
said county, and the property thereof, for the amount so 
paid as aforesaid, with interest, and all necessary costs and 
charges. 

Sect. 6. The volumes now in the registry of deeds office Records of 
for the county of Middlesex, containing the records exclu- deposited."^ 
sively relating to lands and estates within the territory so 
transferred, shall be deposited by the register for said 
county in the registry of deeds office for said county of 
Sufiblk, the same to be there kept and used in the same 
manner as the records of said county of Suffolk are kept 
and used. 



334 



1854— Chapter 433. 



Appointment 
of committee 
provided for. 



Act not to take Sect. 7. TMs act shall not take effect unless the inhab- 
e^^ec , un ess, j|.jj^j^|.g ^f ^j^g cities of Boston and Charlestown respectively, 
qualified by law to vote in city affairs, shall accept the same, 
at a meeting to be called for that purpose by the mayor 
and aldermen of each city, within nine months after its pas- 
sage. And it shall be the duty of the mayor and aldermen 
of each city aforesaid to warn meetings for said purpose, 
within the period aforesaid, upon the requisition of fifty 
qualified voters of their respective cities; and if, upon the 
return of the votes cast at such meeting, it shall appear 
that a majority of said votes in the respective cities are in 
favor of the acceptance of this act, then it shall be the duty 
of the mayor and aldermen of each city, to forthwith certify 
said returns to the secretary of the Commonwealth, who 
shall, if the mayor and aldermen of both said cities shall 
have certified to him in manner aforesaid, immediately issue 
and publish his certificate, declaring this act to have been 
accepted according to law. 

Sect. 8. If the county commissioners for the county of 
Middlesex, within six months after the acceptance of this 
act by said cities, as herein provided, shall elect to apply to 
the justices of the supreme judicial court, sitting in either 
the county of Suffolk or of Middlesex, for the appointment 
of a committee of three disinterested persons to ascertain 
whether any thing should, in justice and equity, be paid by 
the city of Charlestown to the county of Middlesex, towards 
the liquidation of its debt, in addition to the relinquishment 
of said city's share of the county property, then, on notice 
being given of the said application, such committee shall be 
appointed, who shall take an estimate of the county prop- 
erty, in which due allowance shall be made for any perma- 
nent expenditure that may have been incurred for the 
especial accommodation of Charlestown, and shall also take 
an account of the county debts, and shall decide and report 
what sum, if any thing, should be paid by either party to 
the other ; and the report of said committee, when accepted 
by said court, shall be binding and conclusive, and whatever 
shall be found due, whether from or to the county of Mid- 
dlesex, shall be paid to or by the city of Boston and Charles- 
town thus united. But if no such application be made by 
the said county commissioners within said time, then the 
couaty of Middlesex shall not be required to make any 
allowance for the surplus value of the county property, 
after the payment of the county debt. [Approved by the 
Governor, April 29, 1854.] 



Shall take an 
estimate of 
county prop- 
erty. 



And debts. 



1854.— Chapter 434 > 335 

An Act to incorporate the Middlesex Railroad Company. Chap. 434 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Asa Fisk, Eicliard Downing, David Kimball, Corporators, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Middlesex Railroad Company, with 
power to construct, maintain and use, a railway or railways. Power to con- 
with convenient single or double tracks, from such point or ^'^'^^'^^ ^^^ ^^^' 
points of the town of Somerville as shall be fixed by the Location, 
selectmen of said town, with the assent of said corporation 
in writing, expressed, and filed with said selectmen, and 
upon and over such of the streets and highways of said, 
town, as shall be, from time to time, fixed and determined 
by said selectmen, with the written assent of said corpora- 
tion, filed as aforesaid, to the intersection of the same with 
the streets and highways with those of the city of Charles- 
town, and thence upon and over such of said streets as shall 
be, from time to time, fixed and determined by the mayor 
and aldermen of said city, and assented to in writing by 
said corporation, to Charlestown Square, and from Charles- 
town Square, through Warren Avenue, to Warren Bridge, 
and upon and over said bridge, to the city of Boston, and 
thence upon and over such of the streets of said city, as 
shall be, from time to time, fixed and determined by the 
mayor and aldermen of said city, to such point or points 
near Haymarket Square, as shall be fixed and determined 
by said mayor and aldermen, and assented to, in writing, by 
said corporation ; and thence upon and over Charlestown 
and Causeway vStreets, as shall be, from time to time, fixed 
and determined by said mayor and aldermen, if they shall 
deem it expedient to determine and fix the same, and as- 
sented to in writing, by said corporation, to Charles River 
Bridge, and over and upon said bridge, and through Charles 
Street, in said Charlestown, to Charlestown Square, afore- 
said : provided, however, that all tracks of said railroad Proviso, 
shall be laid at such distances from the sidewalks in said 
cities, as the mayor and aldermen of said cities, respective- 
ly, and the selectmen of said town of Somerville, shall, in 
their orders fixing the routes of said railroad, determine to 
be for the public safety and convenience. And said corpo- i^^tes of fare, 
ration shall have power to fix, from time to time, such rates 
of compensation for transporting persons or property, as 
they may think expedient, not exceeding five cents for each 



336 1854.— Chapter 434 

passenger; and shall have all the powers and privileges, 
and be subject to all the duties, liabilities and restrictions, 
set forth in the forty-fourth chapter of the Revised Statutes. 
Notice to abut- Koticc to abutters on streets in which it may be proposed 
to lay the tracks of said corporation, shall be given by the 
publication, in one or more newspapers published in the 
cities of Boston and Charlestown, respectively, of an order 
of notice from the mayor and aldermen of said respective 
cities, and the selectmen of Soraerville, fourteen days, at 
least, prior to the location of auy such tracks : provided, 
hoivever, that at any time after the expiration of one year from 
the opening for use, of the tracks of said railroad, in any 
street in which the same may be located, as provided by 
its charter, the mayor and aldermen of the cities of Boston 
and Charlestown, and the selectmen of Somerville, respect- 
ively, may, by vote of the major part thereof, determine as 
to so much of said track as is located within the limits of 
their respective cities or town, that the same, or any part 
Location may thereof, be discontinued ; and thereupon, the location shall 
ere\o e . |_^^ deemed to be revoked, and the tracks of said railroad 
shall forthwith be taken up and removed, in conformity 
with such vote or order of said mayor and aldermen, or 
selectmen : provided, such taking up and removal shall be 
at the expense of said railroad company. 
Appointment Sect. 2. The govcmor, by and with the advice and con- 
commissioners sent of the council, shall appoint three commissioners, 
whose duty it shall be to fix and determine the location of 
said railroad upon said Charles Eiver Bridge, and Warren 
Bridge, or upon lines running parallel thereto, and the man- 
ner in which- the same shall be built thereon, or upon lines 
running parallel thereto, and the construction of suitable 
draws in said bridges, and the manner in which the same 
shall be managed and opened for the passage of vessels, 
and the attendance upon the same ; and in case tolls shall 
be demanded, for the passage of persons or vehicles over 
said bridges, the said commissioners shall have power to 
fix and determine the amount which shall be paid by said 
corporation, for such use of such bridges respectively; and 
in case the same shall be assented to by the corporation, 
the same shall be binding upon the Commonwealth and said 
corporation, so long as said bridges respectively remain the 
property of the Commonwealth, unless the same shall be 
released, or some part thereof, by the legislature ; and in 
case said corporation shall not assent to the rate of com- 
pensation as found by said commissioners, the supreme 



1854.— Chapter 434. 337 

judicial court, upon petition of said commissioners, or of 
said corporation, and upon notice to the other party, shall 
appoint three commissioners, who shall, upon due notice to 
the parties interested, proceed to determine and fix the rate 
of compensation or toll; and the award of said commis- 
sioners, or a major part of them, shall he binding upon the 
respective corporations interested therein, until they shall 
have been revised or altered by commissioners so appointed 
as aforesaid ; but no such revision or alteration shall be 
made by such commissioners, within one year after such de- 
cision and award shall have been made. The governor and Compensation, 
council shall fix the compensation of the commissioners in 
this section mentioned, but the same shall be paid by said 
corporation. 

If any other railroad corporation shall obtain from the ?^'"*°^?'=t^'°i<i 

in cGrt^iii c^S6s 

mayor and aldermen of the city of Boston, and the mayor 
and aldermen of the city of Charlestown, and also from 
commissioners appointed by the governor, authority to lay 
a track upon any route, or street, or bridge, between 
Charlestown Square, in said Charlestown, and Haymarket 
Square, in said Boston, before the like authority shall have 
been obtained by this corporation, then so much of this act 
as authorizes the corporation hereby created, to lay a track 
or tracks in said street, or route, or bridge, shall become 
void ; but this corporation may enter upon and use the track ^Jacks^^ °^^^^ 
or tracks obtained by such corporation, upon such route, or 
street, or bridge, in such mode, and upon such rates of com- 
pensation, as may be agreed upon ; or in case of disagree- 
ment, such mode or rates shall be fixed by three commis- 
sioners, to be appointed by the supreme judicial court. 

Sect. 3. Either of the cities of Boston or Charlestown, cities or town 
or the town of Somerville may, at any time during the con- ™l^ ^"^*^ ^^^' 
tinuance of the charter of said corporation, and after the 
expiration of ten years from the opening of said road, or 
any part thereof for use, purchase that part of the corpora- 
tion property of the company which relates to, or lies within 
their limits, paying therefor a just proportional part of the 
sum which will reimburse to each person who may then be 
a stockholder therein, the par value of his stock, together 
with a net profit of ten per cent, per annum from the time 
of the transfer of the said stock to him on the books of 
the corporation, deducting therefrom the dividends received 
by said stockholders thereon, to be ascertained by commis- 
sioners to be appointed by the supreme judicial court. 

43 



838 



18^4.— Chapter 434. 



Operated by 
horse-power. 



Repairs, &c. 



Penalty for ob- 
structing track 



Penalty for ob- 
structing high- 
way. 



Capital stock, 
^400,000, in 
shares of ^100 
each. 



May hold real 
estate. 



Sect. 4. Said tracks or roads shall be operated and 
used by said corporation with horse-power only, and it shall 
not connect its track with any other railroad on which other 
power is used. The mayor and aldermen of said cities 
respectively, shall have power, at all times, to make all such 
regulations, as to the rate of speed and mode of use of 
said tracks, as the public convenience and safety may re- 
quire. 

Sect. 5. Said corporation shall maintain and keep in 
repair, such portion of the streets and bridges respectively, 
as shall be occupied by their tracks, and shall be liable for 
any loss or injury that any person may sustain by reason of 
any carelessness, neglect or misconduct of its agents and 
servants, in the management, construction or use of said 
tracks, roads or bridges ; and in case any recovery shall be 
had against either of said cities or said town, by reason of 
such defect or want of repair, said corporation shall be 
liable to pay to said cities or said town respectively, any 
sums thus recovered against them, together with all costs 
and reasonable expenditures incurred by said cities or said 
town, or either of them in the defence of any such suit or 
suits, in which recovery shall be had ; and said corporation 
shall not encumber any portion of the streets or bridges 
not occupied by said road or tracks. 

Sect. 6. If any person shall, wilfully and maliciously, 
obstruct said corporation in the use of said road or tracks, 
or the passing of the cars, or carriages of said corporation 
thereon, such person, and all who shall be aiding or abet- 
ting therein, shall be punished by a fine not exceeding five 
hundred dollars, or may be imprisoned in the common jail 
for a period not exceeding three months. 

Sect. 7. If said corporation, or its agents or servants, 
shall wilfully and maliciously obstruct any highway, or the 
passing of any carriages over the same, such corporation 
shall be punished by a fine not exceeding five hundred dol- 
lars. 

Sect. 8. The capital stock of said corporation shall not 
exceed four hundred thousand dollars, to "be divided into 
shares of one hundred dollars each. And no shares in the 
capital stock 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 first be issued. 

Sect. 9. Said corporation shall have power to purchase 
and hold such real estate within said cities, or either of 



1854.— Chapter 434. 339 

them, or said town, as may be convenient or necessary for 
the purposes and management of said road. 

Sect. 10. The said road shall be constructed and main- Grade and 
tained, in such form and manner, and upon such grade, and °^"^^ °*^ ^°^^' 
with such gauge as the mayor and aldermen of said cities, 
and selectmen of said town respectively, may, in their votes 
fixing and determining the routes thereof, as aforesaid, pre- 
scribe and direct ; and whenever, in the judgment of said 
railroad corporation, it shall be necessary to alter the grade 
of any street so occupied by it, such alteration may be made 
at the sole expense of said corporation, provided the same 
shall be assented to by the mayor and aldermen of said 
cities, and the selectmen of said town respectively. 

Sect. 11. Nothing in this act shall be construed to pre- Act not to pre- 
vent the city authorities of either of said cities, or the tfe^^ &c'!'^ °^^' 
selectmen of said town, from entering upon and taking up 
any of the public streets or bridges traversed by said rail- 
road, for the purpose for which they may now lawfully take 
up the same. 

Sect. 12. This act shall be void, so far as relates to the Act void, un- 
right to construct said road in either of said cities, or town, ^^^' 
unless the same shall be accepted by the city councils of 
said cities, and the selectmen of said town respectively, and 
unless the same shall be accepted by said corporation, and 
unless ten per cent, of the capital stock thereof shall be 
paid in within two years from and after the passage of this 
act. 

Sect. 13. Said corporation shall be deemed a railroad i^etums. 
corporation so far as to be subject to make such annual 
returns to the legislature as are, or may be prescribed by 
law, but not to the other general provisions of law in rela- 
tion to railroad corporations. 

Sect. 14. The existence of said corporation is hereby Duration, 
limited to the period of fifty years from the passage of this 
act : provided, nevertheless, that the legislature may, at any Proviso, 
time, repeal this act, or limit, restrict or. annul, any powers 
herein o;ranted. [Appj'oved by the Governor, April 29. 
1854.] ^ 



340 



1854.— Chapter 435. 



Power to con 
struct railway 

Location. 



Proviso. 



Chap. 485 An Act to incorporate the Dorchester Avenue Railroad Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Clieever Newhall, Edward King, John J. May, 
their associates and successors, are hereby made a corpora- 
tion by the name of the Dorchester Avenue Eailroad Com- 
pany, with power to construct, maintain and use a railway 
or railways, with convenient single or double tracks, from a 
point near the Lower Mills, so called, in the town of Dor- 
chester, upon and over the way or street heretofore known 
by the name of the Dorchester Turnpike, or Turnpike 
Street, to the line of the city of Boston, and thence upon 
and over such street in South Boston as the mayor and 
aldermen of the city of Boston may determine, upon and 
over the North Free Bridge, and upon and over Sea and 
Broad Streets, in the direction of State Street, in said 
Boston, as shall, from time to time, be fixed and determined 
by vote of the mayor and aldermen of said city, and as- 
sented to in writing by said railroad corporation : provided, 
that all tracks of said railroad shall be laid at such distance 
from the side walks in the city of Boston and town of Dor- 
chester as the mayor and aldermen of said city and the 
selectmen of said town, respectively, shall determine to be 
for the public safety and convenience ; and the written 
assent of said corporation to any vote of the mayor and 
aldermen of said city or of the selectmen of the said town, 
respectively, prescribing from time to time the route of said 
railroad, shall be filed with the respective clerks of said 
city and town, and shall be taken and deemed locations 
thereof: and provided, that before the location or construc- 
tion of any track in any street or highway, the mayor and 
aldermen of said city, and the selectmen of said town, re- 
spectively, shall give notice to the abutters thereon, by the 
publication in oncor more newspapers published in the said 
city of Boston, and in the county of Norfolk, of an order 
of notice from said mayor and aldermen and selectmen, re- 
spectively, fourteen days, at least, prior to the hearing upon 
the location of any part of such track, that the said abutters 
may show cause, if any there be, why said track should not 
be so located and constructed ; and the said railroad cor- 
poration shall have power to fix, from time to time, such 
rates of compensation for transporting persons or property 

Rates of fare, thereon as they may deem expedient : provided, that the 



Proviso. 



Notice to abut 
ters. 



1854.— Chapter 435. 341 

rates of fare between any two stations in the city of Boston 
shall never exceed five cents for each passage of a person, 
unless with the assent of the mayor and aldermen of said 
city ; and the said railroad corporation shall be subject to 
all the duties, restrictions and liabilities, and entitled to all 
the rights and privileges, prescribed by the forty-fourth 
chapter of the Revised Statutes. 

Sect. 2. The said tracks or railroad shall be operated Operated by 
and used by said corporation, with horse-power only, and it oniy?'^°^'" 
shall not connect its track with any other railroad on which 
other power is used. The mayor and aldermen of said city, 
and the selectmen of said town, respectively, shall have 
power at all times, to make all such regulations as to the 
rate of speed and mode of use of said tracks, as the public 
convenience and safety may require. 

Sect. 3. Said corporation shall maintain and keep in Repairs, &c. 
repair, such portions of the streets and bridges in the city 
of Boston, as shall be occupied by their tracks ; and they 
shall also keep the whole of the bed of any road in the 
town of Dorchester, which shall be thus occupied, in such 
repair that the public travel or teaming over said Dorches- 
ter Turnpike, within the limits of the town of Dorchester, 
shall be well accommodated while said railroad corporation 
may continue to occupy any part of said turnpike under this 
act, and the said railroad corporation shall be liable for any 
loss or injuries that any person may sustain, by reason of 
any carelessness, neglect or misconduct of its agents or ser- 
vants, in the management, construction or use of said tracks 
or railroad ; and in case any recovery shall be had against 
the said city or town, by reason of such defect or want of 
repair in or use of their said tracks or roads, said corpora- 
tion shall be liable to pay to said city and town respect- 
ively, any sums thus recovered against them, together with 
all costs and reasonable expenditures incurred by said city 
or town, or either of them, in the defence of any such suit 
or suits in which such recovery shall be had ; and said cor- 
poration shall not encumber any portion of the streets not 
occupied by the said railroad or tracks. 

Sect. 4. If any person shall, wilfully or maliciously. Penalty for ob- 
obstruct said corporation in the use of said road or tracks, ^'^'^^*^^^°S' '■^''' 
or the passing of the cars or carriages of said corporation 
thereon, such persons, and all who shall be aiding or abet- 
ting therein, shall be punished by a fine not exceeding five 
hundred dollars, or may be imprisoned in the common jail, 
for a period not exceeding three months. If said corpora- 



342 1854.— Chapter 435. 

tion, or its agents, or servants, shall wilfully and maliciously 

obstruct any highway, or the passing of any carriages over 

the same, said corporation shall be punished by a fine, not 

exceeding five hundred dollars. 

Capital stock, Sect. 5. The Capital stock of the said corporation shall 

share's of ^50 not cxcccd the sum of three hundred thousand dollars, to 

each. be divided into shares of fifty dollars each, and no shares 

shall be issued for a less sum, to be actually paid in on each, 

than the par value of the shares which shall first be issued. 

May hold real Sect. 6. Said corporation shall have power to purchase 

estate . • • 

and hold such real estate, within said city or town, as may 
be necessary or convenient for the purposes and manage- 
ment of said railroad. 
City or town Sect. 7. Either the said city of Boston or town of Dor- 
may p re , (,|-^gg^gp^ jf ^^ gQ qIqqi^ may, during the continuance of the 
charter of said corporation, and after the expiration of ten 
years from the opening of any part of said railroad for use, 
purchase of said corporation, all the franchise, property, 
rights and furniture, of said corporation, by paying to said 
corporation therefor, such a sum as will reimburse to each 
person who may then be a stockholder therein, the par 
value of his stock, together with a net profit of ten per 
cent, per annum, from the time of the transfer of said stock 
to him on the books of the corporation, deducting the divi- 
dends received by said stockholder thereon ; said city and 
town having the right only to purchase that part of the cor- 
porate property within their own limits and jurisdiction, 
respectively, and paying therefor a proportionate sum on 
the basis above mentioned, to be ascertained and fixed by 
commissioners to be appointed by the supreme judicial 
court. 
Location may Sect. 8. At any time after the expiration of one year, 
from the opening for use of the tracks of said railroad, in 
any street or road in which the same may be located, as 
provided by its charter, the mayor and aldermen of the said 
city, and selectmen of the said town, respectively, may, by 
a vote of the major part thereof, determine as to so much 
of said track as is located within their respective limits, 
that the same, or any part thereof, be discontinued ; and 
thereupon the location shall be deemed to be revoked, and 
the tracks of said railroad shall forthwith be taken up and 
removed, in conformity with such vote or order of said 
mayor and aldermen or selectmen : provided, that sucli tak- 
ing up and removal shall be at the expense of said railroad 
corporation. 



1854— Chapter 435. 343 

Sect. 9. The said railroad shall be constructed and Grade and 
maintained in such form and manner, and upon such grade ^^^^^ ° 
and with such gauge, as the said mayor and aldermen and 
selectmen, respectively, may, in their votes, fixing and de- 
termining the routes thereof, prescribe and direct; and 
whenever, in the judgment of said railroad corporation, it 
shall be necessary to alter the grade of any street or road 
so occupied by it, such alteration shall be made at the sole . 
expense of said corporation : provided, the same shall be 
assented to by the said mayor and aldermen, and selectmen 
respectively. 

Sect. 10. The said railroad, or any part thereof, shall N'ot to be con- 
not be constructed until the above mentioned street or way, &c. ^ ^^ ' ' 
heretofore known as the Dorchester Turnpike, shall have 
been laid out as a public highway, by the county commis- 
sioners for the county of Norfolk, duly and according to 
law. 

Sect. 11. If, at any time, for the greater convenience of other corpora- 
the inhabitants of that part of Boston called South ]^oston,nect with/""' 
it shall become desirable to construct a railroad, by horse- 
power, from South Boston Point to the junction of Broad- 
way and Turnpike Street, or other streets, any corporation 
chartered for that purpose shall have the right to connect 
with the road herein chartered, upon reasonable terms ; 
such terms, in case of dispute, to be ascertained and deter- 
mined by commissioners appointed for that purpose by the 
supreme judicial court. 

Sect. 12. Nothing in this act shall be construed to pre- ^^^^ ^o^ to p""^" 
vent the authorities of said city or town, respectively, from ties, &c. 
taking up any of the public streets or roads traversed by 
said railroad, for the purposes for which they may now law- 
fully take up the same. 

Sect. 13. This act shall be void so far as relates to the ^^^ to be void, 

.-,., ., ,. ., • -t • •! unless, &c. 

right to construct said road m either said city or said town, 
unless the same shall be accepted by the city council of the 
city of Boston, and the selectmen of the town of Dorches- 
ter, and unless the same shall be accepted by the said cor- 
poration, and ten per cent, of the capital stock thereof paid 
in, within two years from the passage of this act. 

Sect. 14. The said company shall be deemed a railroad Returns, 
corporation so far as to be subject to make such annual 
returns to the legislature, as are, or may be prescribed by 
law in relation to railroad corporations, but not to the 
other general provisions of law, in relation to railroad 
corporations. 



344 1854.— Chapters 436, 437. 

Duration. Sect. 15. The existence of said corporation is hereby 

limited to the period of fifty years from the passage of this 

Proviso. act : provided, nevertheless, that the legislature may, at any 

time, repeal this act, or limit, restrict or annul, any powers 
herein granted. [Approved hij the Governor, April 2%, 
1854.] 

Lhap. 4oD An Act to provide a mode of opening Central Bridge, free of Toll. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sum paid jiow Sect. 1. The supreme judicial court shall have full 
power and authority to hear and determine, in equity, (upon 
the petition of the city of Lowell and the town of Dracut, 
or either of them,) what sum the Central Bridge Corpora- 
tion shall Jje entitled to receive from the city of Lowell and 
the town of Dracut, or either of them, in order that the 
bridge of said corporation, over Merrimack River, in said 
Lowell, may be opened free of toll ; and also, to order and 
decree, that upon the payment of such sum to the said cor- 
poration, by the city of Lowell and the town of Dracut, or 
either of them, the said bridge shall be opened, free of toll ; 
and to make and award all such judgments, orders, decrees 
and injunctions, and issue all such writs and processes, as 
shall be necessary or proper, to carry into full force and 
effect the powers and authority hereby given them. 
Dracut to pay Sect. 2. The town of Dracut is hereby authorized to 
par ex-penses. ^^^ ^^^j^ proportion of the cxpcnscs of opening Pawtucket 
Bridge and Central Bridge, over Merrimack River, or either 
of them, free of toll, and maintaining the same, as the said 
town, at any legal meeting thereof, called for that purpose, 
shall determine, and for that purpose, may assess a tax upon 
the inhabitants of said town. 

Sect. 3. This act shall take elFect from and after its 
passage. [^Approved by the Governor, April 29, 1854.] 

Chap. 437 An Act concerning Lunatic State Paupers, and Admission to the State 

Pauper Establishments. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Lunatics, Sect. 1. No city or town shall have a right to send to 

w ere sent. gi^her of the State pauper establishments, any lunatic who, 

by reason of his insanity, would be dangerous to be at 



1854.— Chapter 437. 345 

large. And if any inmate of such establishment shall be- 
come such a lunatic, the inspectors thereof may apply to 
two justices of the peace, and of the quorum, for the county 
in which such institution is situated, who shall have the same 
power and authority in all respects, in regard to such appli- 
cation, and the commitment of such lunatic to either of the 
State lunatic hospitals, as judges of probate now have in 
regard to lunatics furiously mad : provided, hoioever, that it 
shall not be necessary to give notice of such application to 
the officers of any town or city ; and the expense of sup- 
porting such pauper in such hospital shall be charged to and 
paid by the Commonwealth. 

Sect. 2. Whenever, by reason of the several State Supportofpau- 
pauper establishments being full, any city or town shall be ^ases^.^ ^^'^^^^'^ 
unable to obtain admission for any State pauper, whom they 
may wish to send to the same, such city or town shall take 
charge of such pauper until notified by the superintendent, 
to whom application for such admission shall have been 
made, that such pauper can be received therein. And it 
shall be the duty of such superintendent to give such notice, 
from time to time, by letters sent through the mail, to such 
towns and cities as hav^ made application for the admission 
of State paupers, as the means of receiving them shall arise ; 
having regard, in so doing, to the priority of such applica- 
tions. 

Sect. 3. The governor, by and with the advice and con- Appointment 
sent of the council, shall appoint at least one member of ° ^^^pectors. 
each of the several boards of inspectors of the State pau- 
per establishments annually. 

Sect. 4. Upon the complaint of the trustees of the sev- Removal of lu- 
eral State lunatic hospitals, the county commissioners of the ^^^'^ paupers, 
several counties, the inspectors of the several State pauper 
establishments, or the overseers of the poor of any town or 
city, for the removal of any State pauper, under their charge, 
who is a lunatic, justices of the peace shall have the same 
powers as are given by the seventeenth section of the forty- 
sixth chapter of the Revised Statutes, in respect to the 
removal of paupers to any other State, or to any place be- 
yond sea. 

Sect. 5. This act shall take effect from and after its 
passage. \^Ap'proved bjj the Governor , April 29, 1854.] 

44 



346 1854.— Chapters 438, 439. 

Chap. 438 An Act in Addition to An Act relating to Joint Stock Companies. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Annual certifi- Sect. 1. So mucli of tliG ninth section of the one huu- 
bemade!^"^^''' clred and thirty-third chapter of the statutes of the year 
one thousand eight hundred and fifty-one as requires the 
making of the certificate therein named in the month of 
January annually, is hereby so far modified that said cer- 
tificate may be made at any time in each year, and said 
certificate shall contain the statements in said act required, 
as to the condition of said corporation on the first day of 
the month then next preceding the month in which such cer- 
tificate is made. 
R^'s^^'not' a^- Sect. 2. None of the provisions of the twenty-second 
piicabie. section of the thirty-eighth chapter of the Revised Statutes 

shall be applicable to corporations organized in accordance 
with the provisions of this act. {^Approved by the Gov- 
ernor, April 29, 1854.] 

Chap. 439 An Act in addition to the Acts for the Relief of Poor Debtors. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Poor debtors, Sect. 1. Any poor dcbtor entitled to a discharge under 

certain "cases, the provisions of the ninety-eighth chapter of the Revised 
Statutes, or the one hundred and fifty-fourth chapter of the 
statutes passed in the year eighteen hundred and forty-four, 
shall, notwithstanding his inability to pay the legal fees pre- 
scribed for him to pay in said acts, receive his discharge : 

ProTiso. provided, he is able to satisfy the justices, before whom he 
is examined under oath, of his inability to pay said fees ; in 
which case the said fees shall be chargeable to the county 
within which the discharge is granted, in like manner as the 
fees of justices in criminal cases are chargeable. 

Act amended. Sect. 2. The ninth section of the 154th chapter of the 
acts of eighteen hundred and forty-four, is so far amended, 
that if the debtor shall pay or tender to the plaintiff or his 
attorney, or lodge with the keeper of the prison in which 
said debtor is committed, the costs of the scire facias men- 
tioned in said section, he shall be entitled to all the benefits 
of said act. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, April 29, 1854.] 



1854.— Chapters 440, 441. 347 

An Act relating to Actions at Law. Chap. 440 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The court before wliom any action is brought, Filing of de- 
may, at any time during the return term of the writ, for ^ ^'^^'^^°°- 
good cause shown, and upon suitable terms, allow the plain- 
tiff to file his declaration ; and in all cases, the declaration 
may be filed upon the entry of the action, unless an arrest 
of the person is made ; and no action shall be discontinued 
when the declaration is filed in accordance with the pro- 
visions of this act, notwithstanding the provisions of the 
eighth and ninth sections of the three hundred and twelfth 
chapter of the statutes of eighteen hundred and fifty-two. 

Sect. 2. This act shall take effect from and after its 
passage. [^Approved by the Governor, April 29, 1854.] 

An Act to authorize the construction of a Railroad Track in the Town Chap. 441 
of Fall River. ^ 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Charles W. Morgan, owner of a certain wharf Railroad track 
in the town of Fall Eiver, known as Morgan's Wharf, his '"^ ^^^^ ^^^"• 
successors and assigns, for the purpose of facilitating the 
transportation of merchandise to and from said wharf, is 
hereby authorized to construct and maintain a railroad 
track, commencing upon said wharf, and from thence ex- 
tending, by a curved line, easterly and southerly, across a 
public street or highway known as Bowen or Davol Street, 
to, and to connect with the Fall River Railroad, at a point 
near the range of the southerly line of land connected with 
said wharf, and belonging to said Morgan. 

Sect. 2. A good and sufficient crossing at said street or Crossing main- 
highway, for teams and carriages, shall be maintained by *^^^^ ' 
the said Morgan, as aforesaid ; and in arranging the same, 
he shall be subject to such rules and requirements, as by 
the selectmen of the town of Fall River, may be deemed 
reasonable and necessary. 

Sect. 3. The connection with the Fall River Railroad, May connect 
shall be in such manner, and upon such terms, as may be 
mutually agreed upon by said Morgan, with the Fall River 
Railroad Company. \_Approved by the Governor, April 29, 
1854.1 



348 1854.— Chapters 442, 443. 

Chap. 442 An Act to incorporate the Nantucket Cordage Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Corporators. Sect. 1. E. W. Gardner, W. C. Gardner, J. B. Swain, 
Andrew Whitney, their associates and successors, are here- 
by made -a corporation, by the name of tlie Nantucket Cord- 
Purpose, age Company, for ■fehe purpose of manufacturing cordage, in 
Powers, privi- the town of Nantuckct ; with all the powers and privileges, 
leges, &c. ^^^ subject to all the duties, restrictions and liabilities, 
set forth in the thirty-eighth and forty-fourth chapters of the 
Revised Statutes. 
Real and per- Sect. 2. The said corporation may hold real and per- 
Sioo.ooa^*^' sonal estate, necessary and convenient for the purposes 
aforesaid, not exceeding in amount one hundred thousand 
dollars, but the real estate shall not exceed fifty thousand 
No shares to dollars: provided, tho^t no shares in the capital stock of 
der par. " 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 first be issued. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, April 29, 1854.] 

Chap. 443 An Act to unite the Maiden Gas Light Company and the Medford Gas 

Light Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Companies Sect. 1. The Maiden Gas Light Company and the Med- 

ford Gas Light Company are hereby authorized, at meetings 
called for that purpose, and by votes to which a majority in 
number and value of the stockholders in each company shall 
assent, to unite themselves as one corporation, under the 
name of the Maiden and Medford Gas Light Company ; and 
when such votes shall have been passed, they shall there- 
upon become one corporation, with the name aforesaid ; and 
all the franchises, property, power and privileges, that may 
then be enjoyed by either, and all the restrictions, liabilities 
Powers, duties, and obligations that may then belong to either, shall apper- 
*'^- tain to such united corporation, in the same manner as if 

the same had been contained in or required by an original 
charter. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Gover?ior, April 29, 1854.] 



1854.— Chapter 444. 349 

An Act to incorporate the Broadway Railroad Company. ChciJ). 444 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Charles J. F. Allen, Seth Adams, John P. Corporators. 
Monks, their associates and successors, are hereby made a 
corporation, by the name of the Broadway Railroad Com- 
pany, with power to construct, maintain and use a railway I'ower to con- 

struct ruilwav 

or railways, with convenient single or double tracks, from 
South Boston Point, so called, at the eastern extremity of Location. 
Fourth Street, in the city of Boston, upon and over such 
streets and highways of said city, as may, from time to 
time, be fixed and determined, by vote of the mayor and 
aldermen thereof, and assented to, in writing, by the said 
railroad corporation, to a point near the intersection of 
Broadway and Turnpike Street, or other street, for the 
purpose of forming a junction with, and entering upon, the 
Dorchester Avenue Railroad Company, in said Boston : • 
provided, that all tracks of said railroad shall be laid at Proviso, 
such distances from the sidewalks, in said city, as the mayor 
and aldermen thereof shall, in their orders fixing the routes 
of said railroad, determine to be for the public safety and 
convenience: and jarowc^eo?, /?«'^/ier, that the written assent 
of said railroad corporation, to any vote or votes of the 
mayor and aldermen of said city, prescribing, from time to 
time, the routes of said road, shall be filed with the clerk of 
said city, and shall be taken and deemed locations thereof: 
and also provided, that, before the location or construction Notice to abut- 
of any track in any street, the mayor and aldermen of said 
city shall give notice to the abutters thereon, by the publi- 
cation of an order of notice from said mayor and aldermen, 
in one or more newspapers, published in the city of Boston, 
fourteen days, at least, before the hearing upon the location 
of any such tracks, that said abutters may show cause, if 
any there be, why said track should not be so located and 
constructed ; and the said railroad corporation shall have 
power to fix, from time to time, such rates of compensation 
for transporting persons or property thereon, as they may 
think reasonable and expedient ; and said corporation shall 
be subject to all the duties, restrictions and liabilities, and 
entitled to all the rights and privileges, prescribed by the 
forty-fourth chapter of the Revised Statutes. 

Sect. 2. Said tracks or road shall be operated and used ^p."^*^*^^^^' 
by said corporation, with horse-power only, and it shall not oniy^ 



350 1854.— Chapter 444. 

connect its track with any other railroad, on which other 
power is used. The mayor and aldermen of said city shall 
have power, at all times, to make all such regulations as to 
the rate of speed, and mode of use of said tracks, as the 
public convenience and safety may require. 
Repairs, &c. Sect. 3. Said corporation shall maintain and keep in 
repair, such portions of the streets, respectively, as shall 
be occupied by their tracks, and shall be liable for any loss 
or injury that any person may sustain, by reason of any 
carelessness, neglect or misconduct of its agents or ser- 
vants, in the management, construction or use of said tracks 
or roads ; and in case any recovery shall be had against 
said city by reason of such defect, want of repair in, or use 
of, said tracks or roads, said corporation shall be liable to 
pay to said city, any sum thus recovered against it, together 
with all costs and reasonable expenditures incurred by said 
city, in the defence of any such suit or suits, in which such 
recovery shall be had ; and said corporation shall not en- 
« cumber any portion of the streets, not occupied by the said 
road or tracks. 
Penalty for Ob- Sect. 4. If any pcrson shall wilfully and maliciously 
mg, 'c. Q|3g^j,^(,^ gg^j(j corporation, in the use of said road or tracks, 
or the passing of the cars or carriages of said corporation 
thereon, such persons, and all who shall be aiding or abet- 
ting therein, shall be punished by a fine, not exceeding five 
hundred dollars, or may be imprisoned in the common jail, 
for a period not exceeding three months. If said corpora- 
tion, or its agents or servants, shall wilfully and maliciously 
obstruct any highway, or the passing of any carriages over 
the same, said corporation shall be punished, by a fine not 
exceeding five hundred dollars. 
Capital stock, Sect. 5. The Capital stock of said corporation shall not 
in shares of cxcccd the sum of One hundred and fifty thousand dollars, 
§50 each. iq \)q divided into shares of fifty dollars each, and no shares 
shall be issued for a less sum, to be actually paid in on each, 
than the par value of the shares which shall first be issued. 
May hold real Sect. 6. Said corporation shall have power to purchase 
estate. ^^^^ j^^^^ ^^^^^ ^.^^^ estate, within said city, as may be neces- 

sary or convenient for the purposes and management of said 
road. 
City may pur- Sect. 7. The Said city of Boston may, at any time dur- 
^^' ^' ing the continuance of the charter of the said corporation, 
and after the expiration of ten years from the opening of 
any part of said road for use, purchase, of said corporation, 
all the franchise, property, rights and furniture, of said cor- 



1854.— Chapter 444. 35l 

poration, by paying said railroad company therefor such a 
sum as "will reimburse to each person who may then be a 
stockholder therein, the par value of his stock, together 
with a net profit of ten per cent, per annum, from the time 
of the transfer of said stock to him, on the books of the 
corporation, deducting the dividends received by said stock- 
holders thereon. 

Sect. 8. The said road shall be constructed and main- Grade and 
tained in such form and manner, and upon such grade, and ^^^^^ ° 
with such gauge, as the mayor and aldermen of said city 
may, in their votes, fixing and determining the routes there- 
of, as aforesaid, prescribe and direct ; and whenever, in the 
judgment of said railroad corporation, it shall be necessary 
to alter the grade of any street so occupied by it, such 
alteration may be made at the sole expense of said corpora- 
tion, provided the same shall be assented to by the mayor 
and aldermen of said city. 

Sect. 9. At any time after the expiration of one year Location may 
from the opening for use, of the tracks of said railroad in 
any street in which the same may be located, as provided 
by its charter, the mayor and aldermen of the city of Boston 
may, by vote of the major part thereof, determine that the 
same, or any part thereof, may be discontinued ; and there- 
upon the location shall be deemed to be revoked, and the 
tracks of the said railroad shall forthwith be taken up and 
removed, in conformity with such vote or order of said 
mayor and aldermen, provided that such taking up and re- 
moval shall be at the expense of said railroad corporation. 

Sect. 10. Nothing in this act shall be construed to pre- Act not to pre- 
vent the authorities of said city from taking up any of the l^^J^ g.^^^ °^^' 
public streets traversed by said railroads, for the purposes 
for which they may now lawfully take up the same. 

Sect. 11. This act shall be void, so far as relates to the Act to be void, 
right to construct said road in said city, unless the same ^"^®®®' ^• 
shall be accepted by the city council of said city, and unless 
the same shall be accepted by the said corporation, and ten 
per cent, of the capital stock thereof be actually paid in 
within two years from the passage of this act. 

Sect. 12. The said corporation shall be deemed a rail- Returns, 
road corporation so far as to be subject to make such annual 
returns to the legislature as are or may be prescribed by 
law, but not to other general provisions of law in relation 
to railroad corporations. 

Sect. 13. The existence of said corporation is hereby Duration. 



352 1854.— Chapter 445. 

limited to the period of fifty years from the passage of this 
act. 
Rates of fare. Sect. 14. The rates of fare upon the said railroad, be- 
tween any two points in the cit}'- of Boston, shall never 
exceed five cents for each passage, unless with the assent 
of the mayor and aldermen of the said city : provided, nev- 
ertheless, that the legislature may at any time repeal this 
act, or limit, restrict or annul, any powers herein granted. 
[Appi'oved hy the Governor, April 29, 1854.] 



Chap. 445 An Act to incorporate the Boston and Chelsea Railroad Company, 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Corporators. Sect. 1. Isaac Stcbbins, John Low, Bradbury C. Bart- 
lett, John Rice, Thomas Russell, their associates and suc- 
cessors, are hereby made a corporation, by the name of the 
Boston and. Chelsea Railroad Company, with power to con- 
Power to con- struct, maintain and use a railway or railways with convenient 
rai way. gi[j^g|g ^^ doublc tracks, between Boston, Charlestown and 
Location. Chelsea, upon the following routes, viz. : — Beginning upon 
the Boston and Salem Turnpike, now called Broadway in 
Chelsea, at some convenient point within one thousand feet 
of the line dividing Chelsea from North Chelsea, thence upon 
and over said Broadway to Chelsea Bridge, thence upon and 
over said bridge, or upon and' over lines adjoining either or 
both sides of said bridge as said corporation may see fit, 
across Mystic River to Charlestown, thence upon and over 
the extension of said Turnpike, and upon and over Turn- 
pike and Chelsea Streets in Charlestown, to Charlestown 
Square in said city, thence upon and over said Square, to, 
upon and over Warren Avenue, leading therefrom to War- 
ren Bridge, thence upon and over said bridge, across Charles 
River and Causeway Street, to Beverly Street in Boston, 
thence upon and over Beverly Street, to, over and upon 
Charlestown Street, to Haymarket Square in said Boston, 
thence from Haymarket Square, upon and over Charlestown 
and Causeway Streets in Boston, to Charles River Bridge, 
thence upon and over said bridge, to Charles or Main Street 
in Charlestown, thence over and upon said Charles or Main 
Street, in said city, to Charlestown Square, if the board of 
selectmen of Chelsea, and the mayor and aldermen of Boston 
and Charlestown, respectively, shall fix and determine the 
Rates of fare, same within their respective limits. And said corporation 



1854.— Chapter 445. 353 

shall have power to fix, from time to time, sucli rates of com- 
pensation for transporting persons or property, as they may 
think expedient, not exceeding five cents for each passenger, 
and shall have all the powers and privileges, and be subject 
to all the duties, liabilities and restrictions, set forth in the 
forty-fourth chapter of the Revised Statutes ; and provided, Proviso, 
that at any time after the expiration of one year from the 
opening for use, of the tracks of said railroad "in any street 
in which the same may be located, as provided by its char- 
ter, the mayor and aldermen of the cities of Boston and 
Charlestown, and the selectmen of Chelsea, respectively, 
may, by the vote of the major part thereof, determine as to 
so much of said track as is located within the limits of their 
respective cities or town, that the same, or any part thereof, 
be discontinued ; and thereupon, the location shall be 
deemed to be revoked, and the tracks of said railroad shall, 
forthwith, be taken up and removed, in conformity with such 
vote or order of said mayor and aldermen or selectmen : 
provided, such taking up and removal shall be at the ex- 
pense of said railroad company. 

Sect. 2. The governor, by and with the advice and con- Appointment 
sent of the council, shall appoint three commissioners, commissfoners. 
whose duty it shall be to fix and determine the location of 
said railroad upon said Ciiarles Eiver Bridge and Warren 
Bridge, or upon lines running parallel thereto, and the man- 
ner in which the same shall be built thereon, or upon lines 
running parallel thereto ; and the construction of suitable 
draws in said bridges, and the manner in which the same 
shall be managed and opened for the passage of vessels, 
and the attendance upon the same ; and in case tolls shall 
be demanded for the passage of persons or vehicles over 
said bridges, the said commissioners shall have power to 
fix and determine the amount which shall be paid by said 
corporation for such use of such bridges respectively; and 
in case the same shall be assented to by the corporation, 
the same shall be binding upon the Commonwealth and said 
corporation, so long as said bridges respectively, remain the 
property of the Comnimonwealth, unless the same shall be 
released, or some part thereof, by the legislature ; and in . 
case said corporation shall not accede to the rate of com- 
pensation as found by said commissioners, the supreme 
judicial court, upon petition of said commissioners or of 
said corporation, and upon notice to the other party, shall 
appoint three commissioners, who shall, upon due notice to 
the parties interested, proceed to determine and fix the rate 

45 



354 1854.— Chapter 445. 

of compensation or toll; and the award of said commis- 
sioners, or a major part of them, shall be binding upon the 
respective corporations interested therein, until they shall 
have been rescinded or altered by commissioners so appoint- 
ed as aforesaid; but no such revision or alteration shall be 
made by such commissioners, within one year after such de- 
Compensation, cision and award shall have been made. The governor and 
council shall "fix the compensation of the commissioners in 
this section mentioned, but the same shall be paid by said 
corporation. 
Act void, in If any other railroad corporation shall obtain, from the 
mayor and aldermen of the city of Boston, and the mayor 
and aldermen of the city of Charlestown, and also from 
commissioners appointed b}^ the governor, authority to lay 
a track upon any route, or street, or bridge between Charles- 
town Square, in said Charlestown, and Ilaymarket Square, 
in said Boston, before the like authority shall have been 
obtained by this corporation, then so much of this act as 
authorizes the corporation hereby created, to lay a track or 
tracks, in said street, or route, or bridge, shall become void ; 
but this corporation ma}' enter upon and use the track or 
May use other tracks obtained by such corporation, upon such route, or 
street, or bridge, in such mode and upon such rates of com- 
pensation as may be agreed upon ; or in case of disagree- 
ment, such mode or rates to be fixed by three commission- 
ers, to be appointed by the supreme judicial court. 
No tracks laid Sect. S. No railroad tracks shall be laid by said corpo- 
cepted.^'' ^'^" ration in Chelsea, before the acceptance of this act by the 
board of selectmen thereof, nor in Charlestown, before the 
acceptance of the same by the city council thereof, nor upon 
Chelsea Bridge, or any structure attached thereto, before a 
mutual arrangement to that effect shall have been made 
with said Clielsea Bridge Corporation ; and such tracks 
shall be constructed in such manner, and laid at such dis- 
tances from the side-walks, on the streets through which said 
railroad may be located under this act, as said boards may, 
upon their acceptance of this act, respectively direct, so far 
as relates to said track in their several towns and cities : 
'N otice to ahut- provided, Jioivever, that before the location of this road by 
the board of selectmen of Chelsea, they shall give notice, 
in some newspaper printed in said town, to the abutters 
on the streets through which said railroad is proposed to 
be located in said town; fourteen days, at least, before the 
hearing ; and that before the location of this road by the 
board of mayor and aldermen of Charlestown, they shall 



1854.— Chapter 445. 355 

give a like notice in some newspaper printed in said city, to 
the abutters on the streets through which said railroad is 
proposed to be located in said city ; and that before the 
location of this road by the board of mayor and aldermen 
of Boston, they shall give a like notice in some newspaper 
printed in Boston, to the abutters on the streets through 
which said railroad is proposed to be located in said city, 
that the abutters may respectively show cause, if any there 
be, why said location should not be made as aforesaid. And 
the written assent of said corporation to any vote or votes 
of said selectmen of said town, or of the board of mayor 
and aldermen of either of said cities, shall be filed with the 
respective clerks of said town or city. 

Sect. 4. Said tracks or roads shall be operated and used Operated by 
by said corporation with horse-power only, and it shall not oniyr^"^^*^ 
connect its track with any other railroad on which other ' 
power is used. The selectmen of said Chelsea, and the 
mayor and aldermen of said cities respectively, shall have 
power at all times, to make such regulations as to the rate 
of speed and mode of use, of so much of said tracks as may 
be located within their respective town or cities, as the 
public convenience and safety may require. If the corpora- Corporation to 
tion hereby authorized shall cross the Mystic River on lines l^^cTr'tainta^ses 
adjoining either side of Chelsea Bridge, the corporation 
hereby created shall be subject to all the provisions of law 
requiring the proprietors of said bridge to make and main- 
tain draws, and to open the same for the passage of ves- 
sels, and they shall be liable to all the penalties for neglect 
to comply with the provisions of law, in the same way in 
which the proprietors of said bridge are now liable. 

The corporation hereby created, may, at any time, pur- May purchase 
chase said bridge of the proprietors thereof, and also such ^^^^s^' ^'^• 
portion of their turnpike as is within Chelsea and Charles- 
town. And said proprietors are hereby authorized to sell 
said bridge and also such portion of their turnpike, at such 
price as may be agreed upon, with all the rights, and sub- 
ject to all the duties and liabilities appertaiuiug to said 
proprietors. And in case of any disagreement between 
said corporation and the proprietors of said bridge, as 
to the mode in which this corporation shall cross said 
bridge, or as to the compensation to be made to said 
proprietors for such crossing, such mode of crossing and 
rate of compensation shall be fixed by three commis- 
sioners, to be appointed and paid as herein-before pro- 
vided. 



356 1854.— Chapter 445. 

Liability for Sect. 5. Said corpoi'atioii shall maintain and keep in 

jnjnnes. repair such portions of the streets in said cities and town 

as sliall bo occupied by their tracks, and shall be liable for 
any loss or injury that any person may sustain by reason 
of any carelessness, neglect or misconduct of its agents or 
servants, in the management, construction or use of said 
tracks, road or bridges ; and in case any recovery shall be 
had against either of said town or cities, or said Salem 
Turnpike and Chelsea Bridge Corporation, by reason of 
such defect or want of repair, said railroad corporation 
shall be liable to pay the said town, cities and bridge corpo- 
ration respectively, any sums recovered against them, to- 
gether with all costs and reasonable charges incurred by 
said town, cities or bridge corporation, or either of them, 
in the defence of any such suit or suits in which recovery 
shall be had ; and shall not encumber any portion of the 
street or bridges not occupied by said road or tracks. 
Penalty for ob- Sect. 6. If any pcrson shall, wilfully and maliciously, 
structing, c. QJ^g^p^g^; gr^jjj Corporation in the use of said road or tracks, 
or the passing of the cars or carriages of said corporation 
thereon, such person, and all who shall be aiding or abet- 
ting therein, shall be punished by a fine not exceeding five 
hundred dollars, or may be imprisoned in the common jail 
for a period not exceeding three months. If said corpora- 
tion, or its agents or servants, shall, wilfully and malicious- 
ly, obstruct any highway, or the passing of any carriage 
over the same, such corporation shall be punished by a fine 
not exceeding five hundred dollars. 
Capit.ii stock, Sect. 7. The capital stock of said corporation shall not 
iilres'of «?50 cxcccd three hundred thousand dollars, to be divided into 
each. " shares of fifty dollars each ; and no share 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 hold real Sect. 8. Said Corporation shall have power to purchase 
estate. ^^^ |-^qIjJ g^^^l^ Pgg^l cstatc within said town and cities, or 

either of them, as may be convenient and necessary for the 
purposes and management of said road. 
Town or cities Sect. 9. The town of Chelsca and the cities of Boston 
may purchase, ^^^^ Charlcstown may, at any time during the continuance 
of the charter of said corporation, and after ten years from 
the opening of any part of said road for use, purchase of 
said corporation all the franchise, property, rights and fur- 
niture of said corporation, by paying them therefor such a 
sum as will reimburse to each person who may be then a 
stockholder therein, the par value of his stock, together 



1854.— Chapter 445. 357 

"witli a net profit of ten per cent, per annum from the time 
of the transfer of said stock to him on the books of the 
corporation, deducting the dividends received by said stock- 
holder thereon. 

Sect. 10. The said road shall be constructed and main- Grade and 
tained, in such form and manner, and upon such grade, and ^^^°^ ° 
with such gauge as the selectmen and the mayor and alder- 
men of said town and cities respectively, maj^, in their votes 
accepting this act, as herein provided, prescribe and direct, 
as to so much of said road as may be located in the public 
streets of their respective town and cities as aforesaid ; and 
whenever, in the judgment of said railroad corporation, it 
shall be necessary to alter the grade of any street so occu- 
pied by it, such alteration may be made at the sole expense 
of said corporation : provided, the same shall be assented 
to by the selectmen and mayor and aldermen of said town 
and cities respectively, as aforesaid. 

Sect. 11. Nothing in this act contained, shall be con- Act not to pre- 
strued to prevent the town and city authorities of either of tfe^,&c!^ 
said town and cities, or said bridge corporation, from enter- 
ing upon and taking up any of the public streets or bridges 
traversed by said railroad, for any purpose for which they 
may now lawfully take up the same. 

Sect. 12. This act shall be void, so far as it relates to Act to be void, 
the right to construct said road in the streets or roads of ed, &c. ^''''^^ 
any city or town, unless the same shall be accepted by the 
city council of said city, or the selectmen of said town 
respectively, and unless the same shall be accepted by said 
company, and ten per cent, of the capital stock thereof paid 
in within two years from the passage of this act. 

Sect. 13. Said corporation shall be deemed a railroad ^®*^"'^'^^- 
corporation, so far as to make such annual returns to the 
legislature as are or may be prescribed by law, but not to 
the other general provisions of law in relation to railroad 
corporations. 

Sect. 14. The existence of said corporation is hereby Duration, 
limited to the period of fifty years from the passage hereof: 
provided, nevertheless, that the legislature may, at any time. Proviso, 
repeal this act, or limit and restrict the powers herein 
granted. [Approved by the Governor, April 29, 1854.] 



358 1854.— Chapter 446. 

Chaj). 446 An Act to incorporate the Western Avenue Railroad Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Amlierst A. Frazar, George C. Crowninslneld, 
J. C. Rogers, their associates and successors, are hereby 
made a corporation, by the name of the Western Avenue 

Power to con- j^aili-oad Company, with poAver to construct, maintain and 

struct r3.iiWciv j. •/ / x / 

' use a railway or railways, with convenient single or double 
Location. tracks, from such point or points, near the junction of Bea- 
con and Charles Streets, in the city of Boston, as shall be, 
from time to time, fixed and determined by vote of the 
mayor and aldermen of said city, and assented to, in writ- 
ing, by said company, and over the roads, estates, and 
bridges, belonging to, or maintained by, the Boston and 
Roxbury Mill Corporation, in Boston, Brookline and Brigh- 
ton, as shall be, from time to time, fixed and determined by 
said corporation, by vote of its directors, and assented to, 
in writing, by said railroad company, and upon and over 
such streets, or highways, of the town of Brighton, as shall 
be, from time to time, fixed and determined by vote of the 
selectmen of said town, to a point near the Cattle Fair 
Hotel, and upon and over such streets, or highways, in the 
town of Brookline, on the line of said corporation, as shall 
be, from time to time, fixed and determined by vote of the 
selectmen of said town of Brookline, and assented to, in 
writing, by said railroad company. 
Tolls, &c. And said railroad company shallpay to said Boston and 

Roxbury Mill Corporation during the continuance of its toll 
franchise, such compensation or tolls, for the right of using 
said roads, estates and bridges of said corporation, as may 
be mutually agreed upon ; or if the said corporation and 
said company shall be unable to agree thereon, the supreme 
judicial court, upon the petition of either party, and upon 
notice to the other party, shall appoint three commissioners, 
who shall, upon due notice to the parties interested, proceed 
to determine and fix the said rate of compensation or tolls ; 
and the award of said commissioners, or a major part of 
them, shall be binding upon the corporation and company 
aforesaid interested, until it shall have been revised or 
• altered by commissioners so appointed as aforesaid, but no 
such revision or alteration shall be made by such commis- 
sioners within one year after such award shall have been 
made. 



1854— Chapter 446. 359 

All tracks of said railroad shall be laid at such distances Tracks, how 
from the sidewalks in said city and towns, and over such 
portions of said roads and bridges of the Boston and Rox- 
bury Mill Corporation, as the mayor and aldermen and the 
selectmen, of said city and towns, and the directors of said 
corporation shall, respectively, in their votes fixing the 
routes of said railroad, determine to be for the public safety 
and convenience. 

And notice to the owners of lands and occupants of ten- Notice to abut- 
ements abutting on any public road or streets on which it 
may be proposed to lay the tracks of said company, shall be 
given, by publishing in one or more newspapers in the city 
of Boston, and in the county of Norfolk, notice from the 
mayor and aldermen of said city and the selectmen of said 
towns, fourteen days, at least, prior to the location of any 
such railroad tracks. 

The written assent of said company to any vote or votes. Assent to be 
of said mayor and aldermen, and said selectmen, and said 
directors, prescribing, from time to time, the routes of said 
railroad, shall be filed with the respective clerks of said 
city, and towns and corporations, and shall be deemed and 
taken to be locations thereof. 

And said railroad company shall have power to fix, from Rates of fare. 
time to time, such rates of compensation for transporting 
persons or property, as its officers may think expedient: 
provided, however, the rate of fare upon said railroad, be- 
tween any two points in the city of Boston, shall never 
exceed five cents for each passage, unless with the assent 
of the mayor and aldermen of said city. 

And said railroad company shall have all the powers and 
privileges, and be subject to all the duties, liabilities and 
restrictions, set forth in the forty-fourth chapter of the Re- 
vised Statutes. 

Sect. 2. Said tracks shall be operated and used by said Operated by 
company, with horse-power only, and it shall not connect its ^"[^^-p"^^"^ 
track with any other railroad on which other power is used. 

The mayor and aldermen and the selectmen, of any city 
or town, over whose streets or roads said tracks shall be 
laid or maintained, shall respectively have power, at all 
times, to make such regulations as to the rate of speed, and 
mode of use of said tracks, over the said streets or roads, 
within their respective limits, as the public safety and con- 
venience may require ; and shall also have power, at any Location may 
time after the expiration of one year from the opening for ® ^^^'^ ^ ■ 
use of the tracks of said railroad, in any road or street in 



360 1854.— Chapter 446. 

which the same may be located under this act, by a vote, to 
determine as to so much of said track as is located on their 
said respective roads or streets, within the limits of their 
respective cities and towns, that the same, or any part 
thereof, shall be discontinued, and thereupon the location 
shall be, as to such part, deemed to be revoked, and the 
tracks of said railroad thereon shall be forthwith. taken up 
and removed, in conformity with such vote, or orders of said 
Proviso. mayor and aldermen, or selectmen : provided, however, that 

such taking up and removal, shall be at the expense of said 
railroad company. 
Roads, &c., to Sect. 3. Said corporation shall maintain and keep in 
pair.^^ ^^ ^^' repair, such portion of the streets, roads, estates and 
bridges, respectively, as shall be occupied by their tracks, 
and shall be liable for any loss or injury that any person 
may sustain, by reason of any carelessness, neglect or mis- 
conduct of its agents and servants, in the construction, man- 
agement or use of said tracks, roads, estates or bridges ; 
and in case any recovery shall be had against either of said 
cities or towns, or said Boston and Eoxbury Mill Corpora- 
tion, by reason of any defect or want of repair thereon, said 
railroad company shall be liable to pay to said cities, towns, 
and Boston and Roxbury Mill Corporation, respectively, 
any sums recovered against either of them, together with 
all costs and reasonable expenditures incurred by them, or 
either of them, in the defence of any suit or suits, in which 
recovery shall be had for such defect or want of repair, and 
said railroad company shall not encumber any portion of the 
streets, roads, estates or bridges, not occupied by its said 
railroad tracks. 
Penalty for ob- Sect. 4. If any pcrson shall, wilfully and maliciously, 
s rue ing, c'c. QJ^g^^^^,^ gg^j^j company in the use of said road or tracks, or 
the passing of the cars or carriages of said company there- 
on, such person, and all who shall aid or abet therein, shall 
be punished by a fine not exceeding five hundred dollars, or 
may be imprisoned in the common jail, for a period not ex- 
ceeding three months. 

If said company, or its agents or servants shall, wilfully 

and maliciously, obstruct any highway, or the passing of any 

carriages over the same, said company shall be punished by 

a fine not exceeding five hundred dollars. 

Capital stock, Sect. 5. The capital stock of said company shall not 

fhares of' gioo Gxcccd three hundred thousand dollars; and shall be divided 

each. into shares of one hundred dollars each ; and shares shall 



I 



1854.— -Chapter 446. 361 

not be issued for a less sum than one hundred dollars, 
actually paid in. 

Sect. 6. Said company shall have power to purchase M-^y hold real 
and hold such real estate within said city or towns through 
which said railroad passes, or either of them, as may be 
convenient or necessary for the purposes and management 
of said road. 

Sect. 7. The cities and towns on whose streets and cities or towns 
roads said railroad shall run, may, at any time during the ^"f ^"^ ^^' 
continuance of the charter of said company, and after the . 
expiration of ten years from the opening of any part of said 
road for use, purchase of said company all the franchise, 
property, rights and furniture, of said company, by paying 
said company therefor such a sum as will reimburse,, to each 
person who may then be a stockholder thereon, the par 
value of his stock, together with a net profit of ten per cent, 
per year, from the time of the transfer of said stock to him - 
on the books of the corporation, deducting the dividends 
received by said stockholder thereon. 

Sect. 8. The said road shall be constructed and main- Grade and 
tained in such form and manner, and upon such grade, and '^^^ ^ 
with such gauge, as the mayor and aldermen of said city, 
and selectmen of said towns, and the directors of the Bos- 
ton and Roxbury Mill Corporation, respectively may, in 
their votes fixing and determining the routes thereof, as 
aforesaid, prescribe and direct ; and whenever, in the judg- 
ment of said railroad company, it shall be necessary to 
alter the grade of any street or road so occupied by it, 
such alteration may be made at the sole expense of said 
company, provided the same shall be assented to by the ' 
mayor and aldermen of the city, and the selectmen of said 
towns, and the directors of the corporation to which each 
street or road may then belong. 

Sect. 9. Nothing in this act shall be construed to pre- Act not to pre- 
vent the city authorities, or town authorities, of any city tfes, &c^ 
or town, or said Boston and Roxbury Mill Corporation, from 
entering upon and taking up any of their streets, roads, or 
bridges, traversed by said railroad, for any purpose for 
which they may now lawfully take up" the same. 

Sect. 10. This act shall be void, so far as it relates to Act void, un- 
the right to construct said road in the streets or roads of ^c! °^^^^^ ^ ' 
any city or town, unless the same shall be accepted by the 
city council of said city, or the selectmen of said town, 
respectively, and unless the same shall be accepted by said 

46 



362 



1854.— Chapter 447. 



Returns. 



Duration. 
Proviso. 



company, and ten per cent, of the capital stock thereof, paid 
in, within two years from the passage of this act. 

Sect. 11. Said company shall be deemed a railroad cor- 
poration, so far as to be subject to make such annual 
returns to the legislature, as are, or may be prescribed by 
law, but not to the other general provisions of law, in rela- 
tion to railroad corporations. 

Sect. 12. The existence of said company is hereby 
limited to the period of fifty years from the passage of this 
act : provided, nevertheless, that the legislature may, at any 
time, repeal this act, or limit, restrict or annul, any powers 
herein granted. [^Approved hy the Governor, April 29, 
1854.] 



Chap. 447 An Act concerning the Boston and New York Central Railroad Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 



Proceedings 
confirmed. 



Sect. 1. The proceedings of the Norfolk County Eail- 
road Company, the Midland Eailroad Company, and the 
Southbridge and Blackstone Railroad Company, whereby, 
on the twelfth day of December, eighteen hundred and 
fifty-three, they united themselves into one corporation, 
under the name of the Boston and New York Central Rail- 
road Company, in accordance with the provisions of chapter 
one hundred and fifty-eight, of the acts of the legislature of 
eighteen hundred and fifty-two, are hereby ratified and 
confirmed : provided, that nothing in this act shall impair 
the rights of any creditor of either of the said railroad 
companies. 

Sect. 2. The time within which the Boston and New 
York Central Railroad Company may construct that portion 
of their railroad which was originally incorporated as the 
Midland Railroad Company, is hereby extended one year 
from the time now allowed by law. 

Sect. 3. The time within which the Boston and New 
York Central Railroad Company may construct that portion 
of their railroad which was originally incorporated as the 
Southbridge and Blackstone Railroad Company, is hereby 
extended one year from the time now allowed by law. 
Owners of land Sect. 4. Where Said railroad corporations, or either of 
allowed, &c. them, havc, by their location, or otherwise, legally taken 
land or materials, for the purpose of making or securing 
their railroad, the owners shall have one year from the pas- 



Proviso. 



Time for con- 
struction ex- 
tended. 



Farther exten 
siun. 



1854.— Chapter 448. 363 

sao-e of tliis act, wlierein to pursue tlie remedies provided 
in^the thirty-ninth chapter of the Revised Statutes, notwith- 
standing that the period limited in said statute may have 

previously expired. ^ ,. t r. •+„ 

Sect. 5. This act shall take effect from and after its 
passage. [Approved hy the Governor, April 29, 1854.] 

An Act to revise the Charter of the City of Boston. Chap. 448 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Sect. 1. The inhabitants of the city of Boston, for all Corpo/^ate 
the purposes for which towns and cities are, by law, incor- 
porated in this Commonwealth, shall continue to be one 
body politic, in fact and in name, under the style and de- 
nomination of the City of Boston, and as such, shall have 
exercise and enjoy, all the rights, immunities, powers and 
privileges, and shall be subject to all the duties and obliga- 
tions now incumbent upon, and appertaining to, said city, as 
a municipal corporation. ,. -, r,-. 

Sect 2. The administration of all the fiscal, prudentia c.ty^govem- 
and municipal concerns of said city, with thc^ conduct and 
government thereof, shall be vested in one principal o&cer, 
to be styled the mayor, one council of twelve persons, to be 
called the board of aldermen, and one conned of lorty- 
eio-ht persons, to be called the common council, which boards, 
iiAheir ioint capacity, shall be denominated the city coun- 
cil; and also in such other boards of of&cers as are herein- 

^^^ECT^'fli shall be the duty of the city council, and J^™!^^^^ 
they are empowered, during the year one thousand eight 
hundred and sixty, and whenever thereafterwards they may 
deem it expedient, not oftener than once in ten years, to 
cause a new division of the city to be made into twelve 
wards in such manner as to include an equal number ot 
voters in each ward, as nearly as conveniently may be, con- 
sistently with well-defined limits to each ward; and until 
such division be made, the boundary lines of the wards shall 
remain as now established. , , ^- . i ^.t 

■ Sect. 4. The annual meeting of citizens for the election A--i^n.eet- 
of municipal officers, herein-after mentioned, shall be held tion of city offi- 
on the second Monday of December, and the citizens ofce-. 
said city, qualified to vote in city affairs, shall, for the pur- 
pose of such election, then me,et together withm the wards 



364 1854.— Chapter 448. 

in whicli they respectively reside, at such hour and place as 
the board of aldermen may, by their warrant, direct and 
appoint; and the person receiving the highest number of 
votes for any office, shall be deemed and declared to be 
elected to such office ; and "whenever two or more persons 
are to be elected to the same office, the several persons, to 
the number required to be chosen, having the highest num- 
ber of votes, shall be declared elected. 
Certificates of Sect. 5. Every person so chosen in any ward, shall, 
fujnisiied° ^ withiu fortj'-eight hours of his election, be furnished by the 
clerk with a certificate thereof, signed by the warden, clerk, 
and a majority of the inspectors, which certificate shall be 
presumptive evidence of the title of such person to the 
office therein mentioned. 
Commence- Sect. 6. The municipal officers to be chosen at the an- 
dpai* yea™^'^^" nual election, shall enter upon the duties of their respective 

offices on the first Monday of January. 
Election of Sect. 7. The qualified voters of said city shall, at the 

war cers. g^^^^^^^^ meeting, choose, by ballot, one warden and one clerk, 
and five inspectors of elections for each ward, who shall be 
resident in said ward, and who shall hold their offices for 
one year, and until others shall be chosen and qualified in 
their stead. 
Ward officers Sect. 8. The ward officers mentioned in the preceding 
to be sworn. gg^^^JQ^^ gl^rj^jl respectively make oath faithfully and impar- 
tially, to discharge their several duties, which oath may be 
administered by the clerk of suqh ward to the warden, and 
by the latter to the clerk and inspectors, or to all of said 
officers, by any justice of the peace for the county of Suf- 
folk ; and a certificate thereof shall be entered in the record 
to be kept by the clerk of the ward, 
jvon-eiectiou Sect. 9. In casc of the non-election of any ward officer 
of ward officers ^^ the annual meeting, adjournments maybe had for the 
purpose of effecting such election, in the same manner as is 
herein-after provided with regard to election of members of 
the common council. 
Absence of Sect. 10. In casc of the absence of any ward officer at 

ward officers. ^^^ ward meeting, such officer may be chosen pro tempore, 
by hand vote, and shall have all the powers, and be subject 
to all the duties of the regular officer, at such meeting. 
Power and Sect. 11. It shall be the duty of the warden to preside 

duty of warden ^^ ^^y ward meetings, with the powers of moderators of town 
meetings. In case of his absence, the clerk, and in case of 
the absence of the clerk, any inspector, shall preside, ac- 



1854.— Chapter 448. 365 

cording to seniority, until a warden shall be chosen, as pro- 
vided in the preceding section. 

Sect. 12. It shall be the duty of the clerk to make a Duties of ward 
fair and true record, and to keep an exact journal of all the 
acts and votes of citizens at the ward meetings, and to de- 
liver over such records and journals, together with other 
documents and papers held by him in his said capacity, to 
his successor in office. 

Sect. 13.- It shall be the duty of the warden and in- Jj^^t^^;^,°^ -^^^^ 
spectors of each ward to receive, sort and count, and of the tors. 
warden to declare, all votes at any election within such 

ward. , T^ • f J 

Sect. 14. It shall be the duty of all ward officers, author- D^t.^es of ward 
ized to preside and act at elections of city officers, to attend elections, 
and perform their respective duties at the times and places 
appointed for elections of any officers, whether of the United 
States, state, city, or wards, and to make and sign the regu- 
lar returns of the same. . 

Sect. 15. The qualified voters of said city shall, at the Eiechon of 
annual meeting, be called upon to give in their votes for one 
able and discreet person, being an inhabitant of the city, to 
be mayor of said city for the term of one year. All the 
ballots, so given in in each ward, being sorted, counted and 
declared, shall be recorded at large by the clerk, in open 
ward meeting ; and in making such declaration and record, 
the whole number of votes or ballots given in shall be dis- 
tinctly stated, together with the name of every person voted 
for, and the number of votes given for each person respect- 
ively ; such numbers to be expressed in words at length, 
and a transcript of such record, certified and authenticated 
by the warden, clerk, and a majority of the inspectors of 
elections, for each ward, shall forthwith be transmitted or 
delivered by such ward clerk to the clerk of the city. It 
shall be the duty of the city clerk forthwith to enter such 
returns, or a plain and intelligible abstract of them, as they 
are successively received, upon the journal of the proceed- 
ings of the board of aldermen, or some other book to be 
kept for that purpose. 

Sect. 16. The board of aMermen shall, as soon as con- Board of aHer- 
veniently may be, within three days of such election, meet ij,e returns of 
together and examine all the said returns, and they shalb'otes for mayor 
cause the person who may have been elected mayor to be 
notified, in writing, of his election ; but if it shall appear 
by said returns that no person has been elected, or if the 
person elected shall refuse to accept the office, the board 



366 1854.— Chapter 448. 

shall issue their warrants for a new election, and the same 
proceedings shall be had as are provided in the preceding 
section for the choice of a mayor, and repeated, from time 
to time, until a mayor shall be chosen. 
Proceedings in Sect. 17. Whenever, on examination by the board of 
choice ^j°f aldermen of the returns of votes given for mayor, at the 
mayor before meetings of the wards holden for the purpose of electing 
111^111 of the that officer, last preceding the first Monday of January in 
™^'^i"P^i y®^' each year, no person shall appear to be chosen, the board 
of aldermen, by whom such examination is made, shall make 
a record of that fact, an attested copy of which record it 
shall be the duty of the city clerk to produce and read, on 
the first Monday of January, in the presence of the mem- 
bers returned to serve as aldermen and common councilmen ; 
and the oaths prescribed by law may be administered to the 
members elect. The members of the board of aldermen 
shall thereupon proceed to elect a chairman, and the com- 
mon council a president, in their respective chambers ; and 
being respectively organized, they shall proceed to business 
in the manner herein-after provided, in case of the absence 
of the mayor ; and the board of aldermen shall forthwith 
issue their warrants for meetings of the citizens of the re- 
spective wards, for the choice of a mayor, at such time and 
place as they shall judge most convenient; and the same 
proceedings shall be had, in all respects, as are herein-bcfore 
directed, and shall be repeated, from time to time, until a 
mayor shall be duly chosen. 
Proceedings in Sect. 18. Whenever it shall appear, by the regular re- 
iTchore ^0^1 turns of the elections of city officers, that a mayor has not 
faiiboardofai- been clioscn, or that a full board of aldermen has not been 
efecte^d. ^^ ^°* elected, such of the l)oard of aldermen, whether they con- 
stitute a quorum or not, as may have been chosen, shall 
issue their warrant in the usual form, for the election of a 
mayor, or such members of the board of aldermen as may 
be necessary, and the same proceedings shall be had and 
repeated, until the election of a mayor and aldermen shall 
be completed, and all vacancies shall be filled in the said 
board ; and in case neither a mayor nor any alderman shall 
be elected at the usual time for electing the same, and after 
the powers of the former mayor and aldermen shall have 
ceased, it shall be the duty of the president of the common 
council to issue his warrant in the same manner as the board 
of aldermen would have done, if elected, and the same pro- 
ceedings shall be had and repeated, until a mayor or one or 
more aldermen shall be elected. 



1854.— Chapter 448. 367 

Sect. 19. The qualified voters of said city shall, at the Election of ai- 
annual meeting, be called upon to give in their votes for 
twelve persons, being inhabitants of said city, to constitute 
the board of aldermen for the ensuing year, and all the 
votes so given, being sorted, counted and declared, by the 
warden and inspectors, shall be recorded at large by the 
clerk, in open ward meeting; and in making such declara- 
tion and record, the whole number of votes or ballots given 
in shall be particularly stated, together with the name of 
every person voted for, and the number of votes given for 
each person ; and a transcript of such record, certified by 
the warden and clerk, and a majority of the inspectors of 
each ward, shall forthwith be transmitted to the city clerk ; 
whereupon the same proceedings shall be had, to ascertain 
and determine the persons chosen as aldermen, as are herein- 
before directed in regard to the choice of mayor, and for 
a new election, in case of the whole number required not 
being chosen at the first election. And each alderman so 
chosen, shall be duly notified, in writing, of his election, by 
the mayor and aldermen for the time being. 

Sect. 20. The qualified voters of each ward shall, at Eiect,on of ^^ 
the annual election, be called upon to give m their votes for ciimen. 
four able and discreet men, being inhabitants of the ward, 
to be members of the common council for the ensuing year ; 
and all the ballots so given in in each ward, being sorted, 
counted and declared, a public declaration of the result 
shall be made by the warden in open ward meeting ; and a 
record of such proceedings shall be kept by the clerk in 
his journal, stating particularly the whole number of ballots 
given in, the number necessary to make a choice, the number 
actually given for each person, the whole to be written in 
words at length. 

Sect. 21. In case four persons are not chosen at the j;'°J=^^^J;^?^^^'^ 
first balloting in any ward, the meeting of such ward shall choice of com- 
be adjourned by the presiding officer, for the purpose of™on council- 
filling such vacancies, to a period not less than twenty-four 
nor more than seventy-two hours distant from the hour when 
the polls were opened at the first balloting ; the time of 
adjournment, within such limits, to be determined by the 
warden, with the consent of a majority of the inspectors 
who may be present when such adjournment is had ; and 
such notice shall be given of the time of such adjournment, 
and the time the polls will be kept open, as the warden may 
direct ; and at such adjourned meeting a balloting shall be 
opened for a number of common councilmen suflacient to 



368 



1854.— Chapter 448. 



Same subject. 



Same subject. 



Board of alder- 
men, &c., to 
jud^e of elec- 
tions. 



Vacancies in 
city or ward 
offices. 



Removal of 
city or ward 
officers from 
their wards. 



complete the number of four, which shall be conducted and 
its result be declared and recorded, in the same manner as 
before prescribed for the first balloting. 

Sect. 22. In case there shall still be vacancies in the 
number of common councilm'en in any ward, adjournments 
of the meetings of the citizens thereof, for the purpose of 
filling the game, shall continue to be had in the same man- 
ner, to periods not less than twenty-four nor more than 
seventy-two hours distant from each other, at all of which 
the balloting shall be conducted, and the result be declared 
and recorded, in the same manner as before prescribed, 
until the number of four shall be duly chosen. And at all 
such adjournments, the polls shall be kept open the same 
number of hours as were required by the original warrant. 

Sect. 23. If at the close of the last legally adjourned 
meeting of any ward as aforesaid, preceding the first Mon- 
day in January, there shall still be vacancies in the number 
of common councilmen for any ward, no further adjourn- 
ment shall be had ; but a record of the fact, and of the 
number of such vacancies, shall be made by the clerk of the 
ward in his journal, signed therein by the warden, clerk, 
and a majority of the inspectors, an attested copy of which 
record shall forthwith be delivered by the clerk of the 
ward to the city clerk, who shall lay the same before the 
common council at their first meeting in January. 

Sect. 24. The board of aldermen, the common council, 
and the school committee, shall have authority to decide 
upon all questions relative to the qualifications, elections 
and returns, of their respective members. 

Sect. 25. "Whenever it shall appear to the board of 
aldermen, that there is a vacancy, by removal from the city, 
or by death, resignation or otherwise, in the board of alder- 
men, the common council, the school committee, or in any of 
the city and ward offices, it shall be the duty of said board 
to issue their warrant in due form, to fill all such vacancies 
in each and all of said boards and offices, at such time and 
place as they may deem advisable ; and the same proceed- 
ings shall be had, and adjournments if necessary, within the 
same limits as are herein prescribed for the annual meeting 
for the election of common councilmen. But in case of va- 
cancies in the common council and school committee, such 
warrant shall not be issued until the board of aldermen 
receive official information thereof 

Sect. 26. All city and ward officers shall be held to 
discharge the duties of the offices to which they have been 
respectively elected, notwithstanding their removal after 



1854. — Chapteu 448. 



369 



their election out of tlieir respective wards into any other 
wards of the city; but they shall not be so held after they 
take up their permanent residence out of the city. organization 

Sect. 27. The mayor, aldermen, and common council- o^^fj:™^!. 
men, on the first Monday of January, or before entering on 
the duties of their offices, shall respectively be sworn by 
takino- the oath of allegiance and oath of office prescribed 
in the constitution of this Commonwealth, and an oath to 
support the constitution of the United States. And such 
oaths may be administered to the mayor elect by any one 
of the justices of the supreme judicial court, or any judge 
of any court of record commissioned to hold any such court 
within the said city, or by any justice of the peace_ for the 
county of Suffolk. And such oaths shall be administered OaU. of office, 
to the aldermen and members of the common council by the 
mayor, being himself first sworn as aforesaid, or by either 
of the persons authorized to administer said oath to the 
mayor; and a certificate of such oaths having been taken 
shall be entered in the journal of the mayor and aldernien 
and of the common council, respectively, by their respective 

clerks 

Sect. 28. In case of the unavoidable absence on account Ab--e °f, 
of sickness, or otherwise, of the mayor elect, on the first 
Monday in January, the city government shall organize it- 
self in the mode herein-before provided in cases wherein no 
person shall have been elected mayor at the meeting ast 
preceding the first Monday in January, and may proceed to 
Imsiness in the same manner as if the mayor were present. 

Sect. 29. After the organization of the city government Aidevmeu^^to 
and the qualification of a mayor, and when a quorum ot the ^anent chair- 
l)oard of aldermen shall be present, said board, the mayor man. 
presidino-, shall proceed to choose a permanent chairman, 
who shall preside at all meetings of the board and at con- 
ventions of the two branches in the absence of the mayor; 
and in case of any vacancy in the office of mayor for any 
cause, he shall exercise all the powers and perform all the 
duties of the office as long as such vacancy shall continue. 
But he shall continue to have a vote in the board, and shall 
not have the veto power. ., • ^. , , 

Sect. 30. The mayor, aldermen and common council, m City clerk, 
convention, in the month of January, shall choose a clerk 
for the term of one year, and until another person is duly 
chosen and qualified in his stead, who shall be sworn to the 
faithful discharge of the duties of his office, and shall be 
removable at the pleasure of the board of aldermen, the 

47 



370 1854.— Chapter 448. 

mayor thereto consenting. He shall be denominated the 
city clerk, and it shall be his duty to keep a journal of the 
acts and proceedings of the board of aldermen, to sign all 
warrants issued by them, and to do such other acts in his 
said capacity as may lawfully and reasonably be required of 
him ; and to deliver over all journals, books, papers and 
documents, intrusted to him as such clerk to his successor 
in office immediately upon such successor being chosen and 
qualified as aforesaid, or whenever he may be thereunto re- 
quired by the aldermen. The city clerk thus chosen and 
qualified shall continue to have all the powers and perform 
all the duties now by law belonging to him. 
Vacancy in Sect. 31. In casc of a vacaucy in the office of city clerk 

OtllCG Ol CltV 

clerk. from any cause, the same shall be filled in the manner pro- 

vided in the preceding section. 
Ahsence of Sect. 32. In casc of the temporary absence of the city 

clerk, the mayor, by and with the advice and consent of the 
board of aldermen, may appoint a city clerk ipro tempore. 
dutiesofma ^^^^' ^3. The administration of police, together with 
and aldermen, the exccutivc powcrs of the Said corporation generally, and 
all the powers formerly vested in the selectmen of the town 
of Boston, either by the general laws of this Coumion- 
wealth, by particular laws relative to the powers and duties 
of said selectmen, or by the usages, votes, or by-laws of 
said town, and all the powers subsequently vested in the 
mayor and aldermen of said city, as county commissioners 
or otherwise, shall be and hereby are vested in the board 
of aldermen as hereby constituted, as fully and amply as if 
the same were lierein specially enumerated. A majority of 
the members of the board shall constitute a quorum for the 
transaction of business. Their meetings shall be public, 
and the mayor, if present, shall preside, but witliout a vote. 
Common coun- Sect. 34. The pcrsous so chosen and qualified, as mem- 
body. ^^P^'**^^ bers of the common council of the said city, shall sit and 
act together as a separate body, distinct from that of the 
board of aldermen, except in those cases in which the two 
bodies are to meet in convention ; and the said council shall 
have power, from time to time, to choose one of their own 
President. members to preside over their deliberations, and to preserve 
Clerk. order therein, and also to choose a clerk, who sliall be under 

oath faithfully to discharge the duties of his office, who 
shall hold such office during the pleasure of said council, 
and whose duty it shall be to attend said council when the 
same is in session, to keep a journal of its acts, votes and 
proceedings, and to perform such other services in said 



1854. — Chapter 448. • ^"^1 

capacity as said council may require. All sittings of the sittings to be 

common council shall be public; and twenty-hve members 

shall constitute a quorum for the transaction of busmess. Q-°--- 

Sect. 35. All ither powers heretofore by law vested in p-- of c.ty 
the town of Boston, or in the inhabitants thereof as a mu- 
nicipal corporation, or in the city council of the city ot 
Boston, shall be and hereby are continued to be vested m the 
mayor, aldermen and common council of the said city, to be 
exercised by concurrent vote, each board as hereby consti- 
tuted, having a negative upon the proceedings of the o* her, 
and the mavor having a veto power, as herem-after provided. 
Alore especially they shall have power to make aU such B)-ia.s. 
needful and salutary by-laws or ordinances, not inconsistent 
with the laws of this Commonwealth, as towns by the laws 
of this Commonwealth have power to make and establish, 
and to annex penalties not exceeding fifty dol ars for the 
breach thereof, which by-laws and ordinances shall take eliect 
and be in force from and after the time therein respectively 
limited, without the sanction or confirmation of any court 
nr other authoritv whatsoever. ^ . . ^e 

Sect 36. The city council shall also have power, from A.e-ent of 
time to time, to lay and assess taxes for all purposes for 
which towns are by law required or authorized to assess 
and "-rant monev, and also for all purposes for which county 
taxes may be leVied and assessed, so long as other towns m 
the county shall not be liable to taxation for county pur- 
noses. But in the assessment and apportionment of all such 
taxes upon the polls and estates of allpersons liable to con- 
tribute thereto, the same rules and regulations shall be 
observed as are now established by the laws of this Com- 
monwealth, or may be hereafter enacted, relative to the 
n^sos<^nient and apportionment of town taxes. 

slcTfr The laid city council shall also have power to Collection of 
provide for the assessment and collection of such taxes, and 
to make appropriations of all public moneys, and provide 
for the disbursement thereof, and take suitable measures to 
insure a just and prompt account thereof; and for these pur- Assessors to 
poses, may either elect such assessors and assistant asses- 
sors as may be needful, or provide for the appointment or 
election of the same, or any of them, by the mayor and 
aldermen, or by the citizens, as in their judgment may be 
most conducive to the public good; and may also require of 
allpersons instrusted with the collection, custody, or clis- 
bursement of public moneys, such bonds, with such condi- Bonds.^ &., 
tions and such sureties, as the case may m their judgment q^i.ed. 
require. . 



372 



1854.— Chapter 448. 



City council 
loay provide 
for the ap- 
pointment of 
city officers. 

Register of 
deeds. 

Care and cus 
tody of city 
property. 



Power to pur- 
chase property 



Boardofhealth 



Surveyors of 
highways. 

City treasurer. 



Members of 
city council 
ineligible to 
other offices. 



Sect. 38. The city council may provide for the appoint- 
ment, or election of all necessary officers, for the good 
government of said city, not otherwise provided for, and 
may prescribe their duties, and fix their compensation, and 
may choose a register of deeds whenever the city shall be 
one county. 

Sect. 39. The city council shall have the care and super- 
intendence of the public buildings, and the care, custody, 
and management of all the property of the city, with power 
to letise or sell the same, except the Common and Faneuil 
Hall. And the said city council shall have power to pur- 
chase property, real or personal, in the name and for the 
use of the city, whenever its interests or convenience may in 
their judgment require it. 

Sect. 40. All the power and authority now by law 
vested in the city council, or in the board of mayor and 
aldermen, relative to the public health, and the quarantine 
of vessels, shall continue to be vested in the city council, to 
be carried into execution by the appointment of one or more 
health commissioners ; or in such other manner as the health, 
cleanliness, comfort, and order of the city may, in their 
judgment, require, subject to such alterations as the legisla- 
ture may from time to time adopt. The powers and duties 
above named may be exercised and carried into effect by 
the city council in any manner which they may prescribe, or 
through the agency of any persons to whom they may del- 
egate the same, notwithstanding a personal exercise of the 
same, collectively or individually, is prescribed by previous 
legislation ; and the city council may constitute either branch, 
or any committee of their number, whether joint or separate, 
the board of health for all or for particular purposes. 

Sect. 41. The board of aldermen shall be surveyors of 
highways for said city. 

Sect. 42. The city council shall, in the month of May, 
meet together in convention, and elect a suitable person to 
be the treasurer of said city, who shall also be county treas- 
urer, and who shall hold his office until his successor is 
chosen and qualified in his stead. 

Sect. 43. No person shall be eligible to any office, the 
salary of which is payable out of the city treasury, who, at 
the time of his appointment, shall be a member of either 
the board of aldermen or the common council ; and neither 
the mayor, or any alderman, or member of the common 
council, shall, at the same time, hold any office of emolu- 
ment under the city government. 



1854.— Chapter 448. 373 

Sect. 44. In tlie month of October in each year, the Representa- 

1 1 i • tivestogen- 

city government shall meet in convention, ana determine erai court. 
the number of representatives which it may be expedient for 
the corporation to send to the general court in the ensuing 
year, within its constitutional limits, and to publish such 
determination, which shall be conclusive ; and the number 
thus determined shall be specified in the warrant calling a 
meeting for the election of representatives. 

Sect. 45. The mayor of the city, chosen and qualified ^°™p^°^'^'^^°° 
as herein-before provided, shall be taken and deemed to be 
the chief executive officer of said corporation ; and he shall 
be compensated for his services by a salary, to be fixed by 
the board of aldermen and common council in convention 
assembled, payable at stated periods, which salary shall not 
exceed the sum of five thousand dollars annually ; and he 
shall receive no other compensation or emoluments whatever ; 
and no regulations enlarging or diminishing such compensa- 
tion shall be made, to take effect until the expiration of the 
year for which the mayor then in office shall have been elect- 
ed ; and said salary, when fixed, shall continue until changed 
by the city council, as aforesaid. 

Sect. 46. It shall be the duty of the mayor to be vigi- His powers 

• clllu. du.tl6S 

lant and active, at all times, in causing the laws for the gov- 
ernment of said city to be duly executed and put in force ; 
to inspect the conduct of all subordinate officers in the gov- 
ernment thereof, and as far as may be in his power, to 
cause all negligence, carelessness, and positive violation of 
duty to be duly prosecuted and punished. - He shall have 
power, whenever in his judgment the good of said city may 
require it, to summon meetings of the board of aldermen 
and common council, or either of them, although the meeting 
of said boards may stand adjourned to a more distant day, 
and shall cause suitable notice in writing, of such meetings, 
to be given to the respective members of said boards. And 
he shall, from time to time, communicate to both branches 
of the city council, all such information, and recommend all 
such measures, as may tend to the improvement of the 
finances, the police, health, security, cleanliness, comfort, 
and ornament of the said city. 

Sect. 47. Every ordinance, order, resolution, or vote, to "V'eto power 
which the concurrence of the board of aldermen and of the ^^^J°^- 
common council may be necessary, (except on a question of 
convention of the two branches,) and every order of either 
branch involving the expenditure of money, shall be pre- 
sented to the mayor ] if he approve thereof, he shall signify 



874 1854.— Chapter 448. 

liis approbation by signing the same ; but if not, he shall 
return the same, with his objections, to the branch in which 
it originated, who shall enter the objections of the mayor at 
large on their records, and proceed to reconsider said ordi- 
nance, order, resolution, or vote ; and if, after such recon- 
sideration, two-thirds of the board of aldermen or common 
council, notwithstanding such objections, agree to pass the 
same, it shall, together with the objections, be sent to the 
other branch of the city council, (if it originally required 
concurrent action,) where it shall also be reconsidered, and 
if approved by two-thirds of the members present, it shall 
be in force ; but in all cases the vote shall be determined 
by yeas and nays, and if such ordinance, order, resolution, 
or vote, shall not be returned by the mayor within ten days 
after it shall have been presented, the same shall be in force. 
But the veto power of the mayor shall not extend to the 
election of officers required by any law or ordinance to be 
chosen by the city council, in convention, or by concurrent 
action, unless expressly so provided therein. 
Same subject. Sect, 48. In all cascs wlicrc any thing is or may be 
required or authorized by any law or ordinance to be done 
by the mayor and aldermen, the board of aldermen shall 
hrst act thereon ; and any order, resolution, or vote, of said 
l>oard shall be presented to the mayor for his approval, and 
the same proceedings shall be had as are provided in the 
preceding section. 
Mayor to ap- Sect. 49. In all cases wherein appointments to office 
by "consent^Tf are dircctcd to be. made by the mayor and aldermen, they 
aldermen. shall be made by the mayor, by and with the advice and con- 
Power of remo- sent of the aldermen; and such officers may be removed by 
^'^^' the mayor. 

Vacancy in the Sect. 50. In casc of tlic dcccase, inabilit}'', abscncc, or 

o ceo "^'iJ 01 ■ pQg jo-nation of the mayor, and whenever there is a vacancy 

in the office from any cairte, and the same being declared, 

and a vote passed by the aldermen and common council 

respectivel}^, declaring such cause, and the expediency of 

electing a mayor for the time being to supply the vacancy 

/ thus occasioned, the board of aldermen shall issue their 

warrants in due form, for tlie election of a mayor, and the 

same proceedings shall be had as are herein-before provided 

for the choice of a mayor. 

Accountability Sect. 51. All boards and officers acting under the au- 

and officers for tliority of thc Said Corporation, and intrusted with the 

public money, expenditure of public money, shall be accountable therefor 

to tlie city council, in such manner as they may direct, and 



1854.— Chapter 448. 375 

it shall be the duty of the city council to publish and dis- Annual finan- 
tribute annually, for the information of the citizens, a par- 
ticular statement of the receipts and expenditures of all 
public moneys, and a particular .statement of all city prop- 
erty. 

Sect. 52. The qualified voters of each ward shall, at Election of 
the annual meeting, be called upon to give in their votes for the'poor! 
one able and discreet person, being an inhabitant of the 
ward, to be an overseer of the poor i and thereupon the 
same proceedings shall be had as are before directed in the 
election of members of the common council. And the per- Their powei-f? 
sons thus chosen shall, together, constitute the board Qf^"''"'^^- 
overseers for said city, and shall continue to have all the 
powers, and be subject to all the duties, now by law apper- 
taining to the overseers of the poor of the city of Boston, 
until the same shall be altered or qualified by the legisla- 
ture. 

Sect. 53. The school committee shall consist of the The school 
mayor of the city,' the president of the common council, and 
the persons herein-after mentioned. A majority of the per- 
sons duly elected shall constitute a quorum for the trans- 
action of business ; and at all meetings of the board, the 
mayor, if present, shall preside. 

Sect. 54. At the annual election next after the passage Same subject. 
of this act, the qualified voters of eacli ward shall be called 
upon to give in their ballots for six inhabitants of the ward, 
to be members of the school committee ; and the two per- 
sons who receive the highest number of votes, or in case 
more than two receive an equal number of votes, the two 
persons who are senior by age shall hold their office for 
three years from the second Monday in January next ensu- 
ing, and the ' next two persons who receive the highest 
number of votes, or who are senior by age in the contin- 
gency aforesaid, shall hold their office for two years from 
said date, and the two other persons shall hold their office 
for one year, from said date ; and at every subsequent an- 
nual election, two persons shall be chosen in each ward, to 
be members of the school committee for tlie term of three 
years. 

Sect. 55. The persons so chosen as members of the Organization 
school committee shall meet and organize on the second niittee°° '^"'^' 
Monday of January, at such hour as the mayor may appoint. 
They may choose a secretary, and such subordinate officers Secretary and 
as they may deem expedient, and shall define their duties, fleers'^. 
and fix their respective salaries. 



376 1854.— Chapter 448. 

Powers and du- Sect. 56. The Said committee shall have the care and 
committee. management of the public schools, and may elect all such 
instructors as they may deem proper, and remove the same 
whenever they consider it •expedient. And generally, they 
shall have all the powers in relation to the care and man- 
agement of the public schools, which the selectmen of towns, 
or school committees, are authorized by the laws of this 
Commonwealth to exercise. 
Qualifications Sect. 57. Evcry male citizen of twenty-one years of 
municipal eiec- age and upwards, excepting paupers and persons under 
tions, &c. guardianship, who shall have resided within the Common- 
wealth one year, and within the city six months next pre- 
ceding any meeting of citizens, eitlier in wards or in general 
meeting, for municipal purposes, and who shall have paid by 
himself, or his parent, master or guardian, any state or coun- 
ty tax, which, within two years next preceding such meeting, 
sliall have been assessed upon him, in any town or district 
in this Commonwealth, and also every citizen who shall be 
by law exempted from taxation, and who shall be, in all 
other respects, qualified as above mentioned, shall have a 
right to vote at such meeting, and no other person shall l)e 
entitled to vote at such meeting. 
Mayor and ai- Sect. 58. It shall bc the duty of the board of aldermen, 
maiTe^^iis^s ofP^i*^^' ^^ cvcry clcction of city officers, or of any officer or 
voters prior to officcrs uudcr tlic govcmment of the United States or of 
every election, ^j^j^ Commonwealth, to make out lists of all the citizens of 
each ward qualified to vote in such election, in the manner 
in which selectmen and assessors of towns are required to 
make out similar lists of voters, and for that purpose they 
shall have free access to the assessors' books and lists, and 
shall be entitled to the aid and assistance of all assessors, 
assistant assessors, and other officers of said city. And it 
shall bc the duty of said board of aldermen to deliver such 
list of the voters in each ward, so prepared and corrected, 
to the clerk of said ward, to be used by the warden and 
inspectors thereof, at such election ; and no person shall be 
entitled to vote at such election whose name is not borne 
Inspectors to ou such list. And to prevent all frauds and mistakes in 
votTw°o"e''^°such elections, it shall be the duty of the inspectors in each 
name is not on ward to take carc that no person shall vote at such election 
the hst. whose name is not so borne on the list of voters, and to 

cause a mark to be placed against the name of each voter 
on such list, at the time of giving in his vote. And the city 
council shall have authority to establish such rules and reg- 
ulations, as to making out, publishing, and using such lists 



1854.— Chapter 448. 377 

of qualified voters, as they shall deem proper, not inconsist- 
ent with the constitution and laws of the Commonwealth. 

Sect. 59. All elections for governor, lieutenant-gov- Elections of 
ernor, senators, representatives, representatives to con- "fa^te oncers, 
gress, and all other officers, who are to be chosen and voted 
for by the people, shall be held at meetings of the citizens 
qualified to vote in such elections, in their respective wards, 
at the time fixed by law for those elections respectively. 
And at such meetings, all the votes given in being collected, 
sorted, counted and declared, by the inspectors of elections 
in each ward, it shall be the duty of the clerk of such ward 
to make a true record of the same, specifying therein the 
whole number of ballots given in, the name of each person 
voted for, and the number of votes for each, expressed in 
words at length. And a transcript of such record, certified 
by the warden, clerk, and a majority of the inspectors of 
elections in such ward, shall forthwith be transmitted or 
delivered by each ward clerk to the clerk of the city. And 
it shall be the duty of the city clerk forthwith to enter such 
returns, or a plain and intelligible abstract of them, as they 
are successively received, in the journals of the proceedings 
of the board of aldermen, or in some other book kept for 
that purpose. And it shall be the duty of the board of Examination 
aldermen to meet together within two days after every such yotes^ 
election, and examine and compare all the said returns, and 
thereupon to make out a certificate of the result of such Certificate, 
election, to be signed by a majority of the aldermen, and 
also by the city clerk, which shall be transmitted, delivered 
or returned, in the same manner as similar returns are by 
law directed to be made by the selectmen of towns ; and 
such certificates and returns 'shall have the same force and 
effect; in all respects, as like returns of similar elections 
made by the selectmen of towns. At the election of gov- Separate lists 
ernor, lieutenant-governor, and senators, it shall be the duty governor* &c., 
of the board of aldermen to make and seal up separate lists '° ,b« transmit- 

tGcl to triG S6C- 

of persons voted for as governor, lieutenant-governor, and retary, or to 
senators of the Commonwealth, with the number of votes sheriffs. 
for each person, written in words at length against his 
name, and to transmit said lists to the secretary of the 
Commonwealth, or to the sheriff' of the county. The board ^"otes for eiec- 
of aldermen shall, within three days next after the day of dent, &c.^^how 
any election of electors of president and vice-president of ^^^^ '^^^^'i ^° t)e 
the United States, held by virtue of the laws of this Com- the secretary. 
monwealth, or of the United States, deliver, or cause to be 
delivered, the lists of votes therefor, sealed up, to the sheriff" 

48 



378 1854.— Chapter 448. 

of the county; and the said sheriif shall, within four days 
after receiving said lists, transmit the same to the office of 
the secretary of the Commonwealth ; or the said aldermen 
may, and when the office of sheriif is vacant, they shall 
themselves, transmit the said lists to the said office within 
seven days after the election; and all votes not so trans- 
Proceedings in mitted shall be rejected. In all elections for representa- 
tatirerarrnot *^^'^^ *^ ^^^^ general court, in case the whole number pro- 
chosen, posed to be elected shall not be chosen according to law, 
by the votes legally returned, the board of aldermen shall 
forthwith issue their warrants for a new election, agreeably 
to the constitution and laws of this Commonwealth, and the 
same proceedings shall be had, in all respects, as are herein- 
Procecdings in before directed; and in case of no choice being made of 
tio^n °of" repve- representatives to congress, in either district, of which the 
sentatives to city of Bostou composcs a part, or in case of any vacancy 
congress. happening in said districts, or either of them, the governor 
shall cause precepts for new elections to be directed to the 
board of aldermen of said city, as often as occasion shall 
require ; and such new elections shall be held, and all pro- 
ceedings thereon had, and returns made, in conformity with 
the foregoing provisions. 
General meet- Sect. 60. General meetings of the citizens qualified to 
izfns° ^ ^ ^^^' "^ote in city affairs may from time to time be held, to consult 
upon the common good, to give instructions to their repre- 
sentatives, and to take all lawful measures to obtain a re- 
dress of any grievances, according to the right secured to 
the people by the constitution of this Commonwealth. And 
such meetings shall and may be duly warned by the board 
of aldermen, upon the requisition of fifty qualified voters of 
said city. The mayor, if present, shall preside, and the city 
clerk shall act as the clerk of such meetings. 
Warrants for Sect. G1. All Warrants for the meetino-s of the citizens 
iTs^uelT^' the ^^^' municipal purposes, to be had either in general meetings 
mayor aiid ai- or in wards, shall be issued by the board of aldermen, and 
ermen. ^^ ^^^^^ form, and shall be served, executed and returned, at 
such time and in such manner, as the city council may, by 
any by-law or ordinance, direct and appoint. 
Power of the Sect. 62. Nothiig in this act contained shall be so con- 
Id te?^the'char° strued as to restrain or prevent the legislature from amend- 
ter. ing or altering the same whenever they shall deem it 

expedient. 
Repeal of first Sect. 63. All acts and parts of acts inconsistent with 
charter. ^|^jg ^^^ ^^q hereby repealed : provided, hoicevcr, that the 

repeal of the said acts shall not affect any act done, or any 



1854.— Chapter 448. 379 

right accruing or accrued, or established, or any suit or pro- 
ceeding had or commenced in any civil case before the time 
when such repeal shall take eflect. And that no offence 
committed, and no penalty or forfeiture incurred, under the 
acts hereby repealed, and before the time when such appeal 
shall take eflfect, shall be affected by the repeal. And that 
no suit or prosecution pending at the time of the said repeal 
for any oflfence committed, or for the recovery of any pen- 
alty or forfeiture incurred under the acts herebj^ repealed, 
shall be affected by such repeal; and provided, also, that all 
persons who, at the time when the said repeal shall take efiect, 
shall hold any office under the said acts, shall continue to 
hold the same according to the tenure thereof; and provided, 
also, that all the by-laws and ordinances of the city of Bos- 
ton, which shall be in force at the time when the said repeal 
shall .take effect, shall continue in force until the same are 
repealed by the city council, and all officers elected under 
such by-laws and ordinances, shall continue in office accord- 
ing to the tenure thereof. 

Sect, 64. No act which has been heretofore repealed Repeal not to 
shall be revived by the repeal of the acts mentioned in the ll]2^ °^^^^ 
preceding section. 

Sect. 65. This act shall be void, unless the inhabitants Act to be sub- 
of the city of Boston, at a legal meeting called for that pur- "iJizens. ° 
pose, by a written vote determine to adopt the same ; and 
the qualified voters of the city shall be called upon to give 
in their votes upon the acceptance of this act, at meetings in 
the various wards duly warned by the mayor and aldermen, to 
be held on or before the second Monday of November ; and 
thereupon, the same proceedings shall be had respecting the 
sorting, counting, declaring, recording and returns of said 
votes, as is herein provided at the election of mayor ; and 
the board of mayor and aldermen shall, within tliree days, 
meet together and compare the returns of the ward officers ; 
and if it appear that the citizens have voted to adopt this 
act, the mayor shall make proclamation of the fact, and 
thereupon, the act shall take effect for the purpose of elect- 
ing municipal officers at the next annual election, and for all 
other purposes it shall take efiect on and after the first 
[Monday of Januarv next. [Approved hij the Governor, 
April 29, 1.8 54. J 



380 1854.— Chapters 449, 450. 

Chap. 449 An Act in addition to An Act to revise the Charter of the City of j 

Boston. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the sam,e, as follows : 

Choice of ai- Sect. 1. TliG qualified voters of each ward shall, at the 
dermen. aniiiial election, be called upon to give in their votes for one 

able and discreet man, being an inhabitant of the ward, to 
be a member of the board of aldermen for the ensuing year ; 
and all the ballots so given in, in each ward, being sorted, 
counted and declared, a public declaration of the result J 
Clerk to keep shall be made b)^ the warden in open meeting, and a record 1 
ceedings^ '^™' ^f such proceedings shall be kept by the clerk, in his jour- I 
nal, stating particularly the whole number of ballots given 
in, and tlie number actually given in for each person, the 
whole to be written in words at length. In case no person 
is chosen at the first ballot at the said meeting, adjourn- 
ments shall be had for the purpose of efiecting such election, 
in the same manner as is herein-after provided with regard 
to the election of members of the common council. 
Act to be ac- Sect. 2. This act shall be submitted to the inhabitants 
cepte , c. ^^ ^i^g ^.|.^^ ^^ Boston, for their acceptance or rejection, at 
the same time and in the same manner with the act to which 
it is in addition; and if both of the said acts shall be 
accepted by the said inhabitants, the first section of this act 
shall be substituted for, and take the place of, section nine- 
teen in said first mentioned act, which provides for the elec- 
tion of aldermen. [^Approved by the Governor, April 29, 
1854.] 

Chan. 450 ^"^ ^^^ concerning the Possession and Use of Billiards, Bowls, and other 
like implements, for other purposes than Gaming. 

Be it enacted- by the Senate ajid House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Cards, &c.. for Sect. 1. The posscssion by innholders or others, and 
oX^'^not^^un- *^^^ ^^^ ^y ^"^^ person, of cards, billiards, bowls, quoits and 
lawful. other like implements, for amusement merely, or for any 

other purpose than gaming for money or other property, 
shall not be deemed to be unlawful, unless thb same are 
used on the Lord's day. 
Act of 1853, ch. Sect. 2. The three hundred and ninety-ninth chapter of 
399, repealed. ^^^ ^^^^ ^^ ^1^^ ^^^^ ^^^^ thousand cigJit hundred and fifty- 
three are hereby repealed. 



1854.— Chapter 451. 381 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, April 29, 1854.] 

An Act relating to the Charles River Bridge and the Warren Bridge. C1l(ip. 451 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. For the purpose of raising a fund for the re- Toils cstab- 
building of the Charles River Bridge, and the repairing of 
the "Warren Bridge ; and for the further purpose of raising 
a fund sufficient to repair, and keep in repair said bridges 
as free public avenues, there shall be, from and after the 
first day of June next, levied and collected upon the said 
bridges the same rates of toll as the Hancock Free Bridge 
Corporation is now entitled to receive under the provisions 
of chapter two hundred fifty-seven of the laws passed in 
the year eighteen hundred and fifty. And said tolls shall 
be levied upon said bridges until a sum shall be collected 
thereby sufficient to rebuild said Charles River Bridge, to 
repair the "Warren Bridge, and to leave in the treasury of 
the Commonwealth a fund of one hundred thousand dollars, 
which fund, with all accumulations thereof, shall be applied 
to the future maintenance and repair of said bridges. 

Sect. 2. The governor, with the advice and consent of Governor to 
the council, is hereby authorized to appoint an agent to re- and°"\ommis- 
build the Charles River Bridge, and repair the Warren sioneis. 
Bridge, in such manner as shall be prescribed by three 
commissioners, one of them shall be the mayor of the city 
of Charlestown, to be appointed by the governor, with the 
advice and consent of the council, as soon as may be consist- 
ent with good economy. And said agent shall appoint toll- General duties 
gatherers and other suitable persons to collect and receive ° ^S'^"^- 
said tolls, and to do all other necessary things in regard to 
said bridges. And said agent shall be responsible for the 
competency and integrity of all persons so appointed by 
him. And said agent shall render to the governor and coimcil, 
under oath, a quarterly account of all receipts and expen- 
ditures on account of said bridges, and shall pay over to the 
treasurer of the Commonwealth, on the first day of each 
month, all money received for tolls on said bridges. And 
said agent shall, on the second Wednesday of January, in 
each year, make a report to the legislature, of his doings 
as such agent, to which report shall be added an account 
of all his receipts and expenditures during the year pre- 



382 1854.~Chapter 451. 

ceding. The agent so appointed, shall hold his office subject 
to removal by the governor and council. 

Governor may Sect. 3. The govcmor is hereby authorized to draw his 
raw warrant, -^^^ppr^j^^ qq ^j^g treasury in favor of the agent aforesaid, 
from time to time, for such sums as may be needed to carry 
on the work of rebuilding, or repairing said bridges, or 
either of them, or defraying any proper expense incidental 
thereto. And such sums shall be paid out of the money so 
paid into the treasury, as aforesaid ; which money shall be 
kept and held by the treasurer of the Commonwealth, as a 

Proviso. separate fund : provided, however, that the governor may 

draw by his warrant, sums not exceeding, in the aggregate, 
ten thousand dollars, from the treasury, for the purposes 
aforesaid, to be paid out of the ordinary funds of the treas- 
ury. And if said sum of ten thousand dollars, or any part 
thereof, sliall be so drawn, the amount thereof and interest 
thereon, shall be repaid into the ordinary funds of the 
treasury out of the fund arising from said tolls as soon as 
may be done consistently with tlie prosecution of the work 
of rebuilding or repairing said bridges. 

Agent to give Sect. 4. The govcmor, with the advice and consent of 
the council, shall demand and receive from said agent a 
bond, with sureties in such sum as they shall deem sufficient, 
for the faithful performance of his duties, in the discharge 
of his office, and shall also fix thfe compensation to be allowed 
to said agent, out of said tolls, which compensation shall be 
paid to said agent quarterly, so long as he shall remain in 

Compensation said officc. And if said agent shall be retained, or any other 
agent appointed, after the rebuilding of the Charles River 
Bridge, and the repairing of the Warren Bridge, the com- 
pensation to-be thereafter paid, shall be directly propor- 
tionate to the service performed, the then agent being also 
hereby required to make quarterly returns, under oath, of 
said service, and of money expended therein, to the gov- 
ernor and council. 

Compensation Sect. 5. The govcmor and council shall determine the 
compensation to be paid to the commissioners aforesaid, 
out of said tolls, which compensation shall be strictly pro- 
portionate to the service performed by them, and each of 
them. And the governor is hereby authorized to draw his 
warrant for the same. Said commissioners are hereby re- 
quired to make, to the governor and council, quarterly 
reports of the progress of the work of rebuilding the 
Charles River Bridge, and the repairing of Warren Bridge ; 
also to make quarterly returns of the time actually spent in 
the performance of duty under their commission. 



of aeent. 



of commission- 



part of bridge 
in repair. 



1854.— Chapter ,452. 383 

Sect. 6. When the fund aforesaid shall have accumulated Bridges, when 
to the amount of one hundred thousand dollars more than fice. 
is needed for the rebuilding of the Charles River Bridge, 
and the repairing of the Warren Bridge, the treasurer of 
the Commonwealth shall give notice thereof to the governor, 
who thereupon, shall publicly declare said bridges free from 
toll. 

Sect. 7. The city of Boston shall keep in repair all that City to^ keep 
part of Warren Bridge connected with the water-works of 
said city, and shall be liable for any damage arising from 
any defect in, or accident to, said works. 

Sect. 8. This act shall take effect from and after its 
passage. [Approved by the Governor ^ April 29, 1854.] 

An Act to complete the Enlargement of the State House. CllClp. 452 

Beit enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The sum of one hundred thousand dollars is sioo.ooo ap- 
hereby appropriated, for the purpose of completing the pi'op"'^*^'^- 
enlargement of the State House, according to the provisions 
of the one hundred and ninety-first chapter of the acts of 
the year one thousand eight hundred and fifty-three, and for 
the necessary apparatus for heating the same. 

Sect. 2. The treasurer is hereby authorized, under the Treasurer to 
direction of the governor, by and with the advice and con- ^^^'^^'^''"'P- 
sent of the council, to issue scrip or certificates of debt, in 
the name and behalf of the Commonwealth, to such an 
amount, not exceeding one hundred thousand dollars, as may 
be necessary for the purpose aforesaid, redeemable in twen- 
ty years from the date thereof, and bearing interest at tlie . 
rate of five per cent, per annum, payable semi-annually ; and 
all such scrip shall be countersigned by the governor, and 
the faith of the Commonwealth is hereby pledged for the 
redemption of the same ; and the treasurer may, under the 
direction of the governor, with the advice and consent of 
the council, dispose of any portion of said scrip, at any 
price not less than the original par value thereof. 

Sect. 3. The treasurer, under the direction of the gov- Treasurer may 
ernor, by and with the advice and consent of the council, ^°"'°^^ money, 
may borrow, in anticipation of the scrip, as herein-before 
authorized, of any of the banks of this Commonwealth, or 
of any corporations or individuals, such sums as may be 
necessary for the purposes of this act : provided, that the 



384 1854.— Chapter 453. 

whole amount borrowed by authority hereof, shall not ex- 
ceed the said sum of one hundred thousand dollars. 
Commissioners Sect. 4. The Commissioners heretofore, or who may 
eatraiicerXc^ hereafter be appointed, under the provisions of the act re- 
lating to the enlargement of the State House, approved the 
twenty-seventh day of April, in the year one thousand eight 
hundred and fifty-three, in conjunction with the committee 
on public buildings of the present House of Representa- 
tives, are hereby authorized, at their discretion, to remove 
the present entrances on the east and west ends of the 
State House, and to make such alterations on the lower 
floor of the State House, consequent upon such removal, as 
they may judge expedient ; and to defray the expense of 
such removal and alterations, the governor is hereby au- 
thorized to draw his warrant on the treasury. 
May appropri- Sect. 5. The Said Commissioners and the said commit- 
ate apartments ^^^^ ^^,^ hereby authorized, to determine and adjudge to 
what uses the several apartments in the said new structure 
shall be put, and are hereby required to file a certificate of 
their doings in the premises, in the office of the secretary 
of State, before the said apartments shall be occupied : pro- 
vided, however, that all the doings of the said commission- 
ers, and said committee, as provided in this, and the third 
section of this act, shall be subject to the approval of the 
governor and council. [Approved by the Governor, April 
29, 1854.] 

Chap. 453 An Act concerning Insurance Companies. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Powers and Sect. 1. All insuraucc companics that havc bccu, or may 
ranc^ "compal hereafter be, incorporated in this Commonwealth, may 
nies. exercise the powers, and shall be subject to the duties and 

liabilities provided in this act, and in the forty-fourth chap- 
ter of the Revised Statutes, so far as may be consistent 
with the provisions of their respective charters. 
First meeting, Sect. 2. The first meeting of any insurance company shall 
be called by a notice signed by one or more of the persons 
named in the act of incorporation, setting forth the time, 
place, and purposes of the meeting; and such notice shall, 
seven days, at least, before the meeting, be delivered to 
each member, or published in some newspaper of the county 
in which the company may be established, or, if there be no 



how called. 



1854.— Chapter 453. 385 

newspaper in the county then in some newspaper of an adjoin- 
ing county. Special meetings may be called by the directors Special meet- 
whenever they think proper, and shall be called by them^^^s^- 
upon the written application of the owners of one-fifth of 
the capital stock, or of twenty stockholders, or members ol 
the company, setting forth the purposes of the meeting. 

Sect. 3. Every company shall annually choose, by ballot, f^^^^l^°^^^J^'°- 
from the stockholders or members of the company resident "''' ^"""^ ^• 
in this Commonwealth, not less than five directors, to hold 
their office one year, and until others are chosen and quali- 
fied in their stead. Proxies may be authorized in writing, 
each share being entitled to one vote ; but no stockholder, 
or member of the company, shall have more than thirty 

votes. 

Sect. 4. The directors shall, annually, by ballot, choose Directors to 
a president and secretary and other officers provided for by jenranS- 
the by-laws, and the president shall be chosen from the retary. 
board of directors. These officers shall be sworn to the 
faithful discharge of their duties. The secretary shall keep Secr^taryjo 
a true record of the votes of the company and of the direc- ^f ^ot^s. 
tors ; a true list of stockholders, and the number of shares 
owned by each one ; a record of the transfer of shares ; a 
record of all policies issued by the company ; and all assign- 
ments of policies assented to. The secretary and treasurer s^e«:e^tary and 
shall also give bond, with sureties, in such sum as the direc- g've'bond. 
tors shall order, with condition faithfully to perform the 
duties of their office, and to account for all moneys received 
by them. Not less than four directors shall constitute a Quorum, 
quorum, and all questions shall be decided by a majority of 
those present. Vacancies in any office may be filled by a 
new election, at a meeting called for that purpose. ^ 

Sect. 5. The capital stock shall be paid in within twelve Capital, when 
months from the date of the charter, unless otherwise p^;^.^^^^^^^;^'^ 
specially provided for in the act of incorporation, and shall 
be invested in the stocks of the United States,_of this Com- 
monwealth, or of any city or town thereof, or in the stocks 
of any bank or railroad in this Commonwealth, or other cor- 
poration, whose property consists entirely of real estate, or 
in bonds of railroad companies in this Commonwealth; or 
may be loaned on mortgages of real estate, pledges of any 
of the stocks or bonds named in this section, on bottomry 
or respondentia: provided, that not more than one-third of Proviso, 
the capital stock of any insurance company shall be invested 
in the stocks or bonds of any one railroad company or bank, 
and not more than one-half of the .capital stock shall be 

49 



386 1854.— Chapter 453. 

invested in the stocks of railroad companies, nor more than 
three-fourths in bank stocks, nor more than two-thirds shall 
be loaned on mortgages of real estate, bottomry or respon- 
dentia ; and the sum loaned on any one bottom shall not 
exceed one-tenth of the capital stock of said insurance com- 
pany ; and if any investment or loan be made in any manner 
not authorized by the provisions of this law, the directors 
making or authorizing such investment or loan shall be per- 
sonally liable to the stockholders for any loss occasioned 
thereby. Nothing contained in this act shall compel any 
insurance company, already chartered and doing business, to 
change any investment which has been made in conformity to 
the provisions of law existing at the time said investment 
was made. 
Not to deal in Sect. 6. No compauy shall deal or trade in buying or 
goods, &c. selling goods, wares, merchandise, stocks or other property, 
excepting such articles as may have been insured, and are 
claimed to be damaged by fire or water. 
Risks to beta- Sect. 7. Companies tlius Organized may insure vessels, 
^°' freight, money, goods, effects ; money lent upon bottomry 

and respondentia; against the perils of the sea and other 
perils usually insured against by marine insurance ; dwelling- 
houses and other buildings ; merchandise, and other person- 
al property, against fire ; and the lives of persons ; according 
Risks not to to their respective charters. But no stock company shall take, 
cen^of cTpftai ^u any one risk, a sum exceeding a tenth of the capital paid 
paid in. m. Policies shall be signed by the secretary and president; 

and in case of the absence, inability, or death of either of 
these officers, by two directors. Companies may reinsure 
any risks taken by them. 
Companies not Sect. 8. It shall uot bc lawful for any insurance com- 
des'umi'e/rny P^^^y; incorporated by a law of this Commonwealth, to issue 
other name, policics, or do any business, under any other name, style, 
designation or title, nor for any other purpose, nor upon 
any other principle, than is expressed in its charter. 
Agents out of Sect, 9. Every person acting for an insurance company 
sign-boards'/' ^^^ incorporated in this Commonwealth, shall exhibit, in 
^t'- conspicuous letters, on the sign designating his place of 

business, the name of the State under whose authority the 
company he represents has been incorporated. And said 
company and agent shall also have printed, in large type, 
the name of such State, upon all policies issued to citizens 
of this Commonwealth, on all cards, placards, and pam- 
phlets, and in all advertisements published, issued or cir- 
culated in this State, by them or him, relating to the busi- 
ness of such company. 



1854.— Chapter 453. 387 

Sect. 10. No person shall be allowed to act as aojent of Agents to com- 

, . J. J • ii • /-( plv with laws 

any insurance company not incorporated m this Common- under penalty 
wealth until such company and such agent shall have com- °f Si.ooo. 
plied with all the requirements of the laws of this Common- 
wealth, relating to such companies and their agents, and 
every person so acting without such compliance, shall for- 
feit, for every such offence, a sum not exceeding one thou- 
sand dollars. 

Sect. 11. All mortgages on real estate, held by any Lands mortga- 
insurance company, shall be liable to be attached, taken and n^s "mTy^^'be 
sold on execution, in the manner provided in the fifty-second, ^P^"^ °^ execu- 
fifty-third and fifty-fourth sections of the thirty-sixth chap- 
ter of the Revised Statutes, in respect to mortgages held 
by banks. And the secretary shall perform the duties 
therein required of cashiers or clerks. 

Sect. 12. At the annual meeting of the company, the Directors to 
directors shall furnish a statement of the condition of the ^ent of condi- 
company, and in making dividends, shall not consider as ^^°^ annually. 
any part of the profits the money received and notes taken 
for premiums on risks which are, at the time, outstanding 
and undetermined. When the capital stock is reduced in 
any way, the amount thereafter to be taken on any one 
risk shall, forthwith, correspondingly be reduced to the lim- 
itation in the seventh section of this act, until the capital 
shall be restored to its original amount. If the directors 
do not comply with these provisions, they shall be liable for 
any loss on insurance effected while the diminution con- 
tinues. If any company shall be under liability for losses 
actually sustained equal to the capital, and the president 
and directors, knowing it, shall make insurance, whoever 
makes the insurance, or assents thereto, shall be liable for 
the loss, if any takes place, under such insurance. And if 
the capital stock be lessened by losses, before all instal- 
ments are paid in, each stockholder shall be liable for the 
instalments unpaid on his shares at the time of such loss, 
and no dividend shall be made until the capital shall be re- 
stored to its original amount. 

Sect. 13. Every company shall be liable to be taxed by Liable to be 
any general law for taxing similar companies, and the direc- ^'^^^^' *^- 
tors shall, whenever required, furnish to the legislature, or a 
committee thereof, a statement of their affairs, and submit 
to examination, on oath, concerning the same. 

Sect. 14. Every company, except mutual companies. Returns, when 
shall, annually, between the first and tenth days of May, made.*' ^ °™ 
make return by mail, or otherwise, to the assessors of every 



388 



1854.— Chapter 453. 



Penalty for 
neglect. 



Mutual compa- 
nies to choose 
directors an- 
nually. 



Manner of 
voting. 



Corporations 
may be repre- 
sented. 



Members may 
be witnesses. 



Assessments, 
how to be 
made, &c. 



city or town in this Commonwealth, in which any stock- 
holder resides, of the names of such stockholders, the 
number of shares belonging to each on the first day of May, 
with the par value, and the cash market value of the shares, 
so far as they can ascertain the same : and every company- 
shall make return of the number of shares of corporate 
stock of all kinds held as collateral security for the debt or 
liability of any person residing in such city or town on the 
first day of May, witli the name of the person, number of 
shares, and par value. And every mutual fire insurance 
company having a guaranty stock, shall make a like return 
of the stockholders of the guaranty stock. Any company 
neglecting to make the returns provided in this section, or 
that shall make false returns, shall forfeit, for each offence, 
not less than fifty, nor more than one thousand dollars to 
the use of the town or city in which such stockholders may 
reside, to be recovered in the name of such town or city. 

Sect. 15. Every mutual insurance company shall annually 
elect, by ballot, not less than seven directors, citizens of 
this Commonwealth, and after the first election, members of 
the company ; and they shall manage and conduct the busi- 
ness thereof. Every person insured by the company shall 
be a member, and no one member shall be allowed more 
than five votes. Proxies may be authorized in writing: 
provided, that all such proxies shall be dated within six 
months previous to the meeting of said company, at which 
the same may be used ; and provided, also, that no individual 
or officer of a mutual insurance company shall be allowed, 
by virtue of any such proxy or proxies held by him, to cast 
more than twenty votes. 

Sect. 16. The directors of every corporation which 
shall become a member of any mutual company, may author- 
ize one or more of the stockholders of such corporation to 
represent the same in all meetings of the mutual company, 
and in the transaction of all business ; and such representa- 
tives shall vote and be eligible to the office of director in 
the company. 

Sect. 17. Any member of a mutual insurance company 
may be a" competent witness in all cases, civil or criminal, 
in which the company is a party or interested. 

Sect. 18. Whenever the just claims against a mutual 
fire insurance company exceed the funds, exclusive of deposit 
notes, the directors shall assess such sums as may be neces- 
sary upon the members, in proportion to their premiums and 
deposit, no member being liable to pay more than double 



1854.— Chapter 453. 389 

the amount of his premium and deposit, and said assess- 
ment shall be made upon such notes as were given upon 
hazards, associated with the property upon which losses 
have occurred, according to the by-laws of said company. 
And whenever sufficient property of the company cannot Liability of di- 
be found to satisfy an execution issued against them, and ^^^'^°'^®- 
the company have property, the proceeds of which can be 
applied to satisfy such execution, and the directors neglect 
to pay the same, or neglect for thirty days after the rendition 
of judgment to make an assessment, and deliver the same to 
the secretary or treasurer for collection, or to apply such 
assessment, when collected, to the payment of the execution, 
in either of these cases the directors shall be personally 
liable for the amount of the execution. 

Sect. 19. If the secretary or treasurer of any mutual Liability of sec- 
company unreasonably neglect to collect an assessment made sure7 for^'as- 
by order of the directors, and to apply the same to the sessments. 
payment of the claims for which they were made, he shall, 
in his private capacity, be liable for the amount of the 
assessments, to tlie person iiaviug claims against the com- 
pany, and he may repay himself for such payments out of 
any moneys afterwards received for the company. 

Sect. 20. Whenever the directors of a mutual company when direc- 
shall be liable to pay any execution against the company, ciedi'tors'may 
the creditor may recover by a bill in equity in the supreme sue. 
judicial court, or by an action at law against the directors. 
And any director who shall pay any execution against the Directors to 
company, for which he is personally liable, may have a suit a^Lnst^Mi- 
at law with equitable remedies for contribution against any poration. 
of the directors for their proportion, and also a suit at law 
with equitable remedies against the company, or the in- 
dividual members thereof, who may be liable therefor for 
money so paid for them : provided, that no member shall be 
liable to pay more than double the amount of his premium 
and deposit note. 

Sect. 21, Every member of a mutual company shall, Members to 
at the expiration of his policy, have a share in the funds on"xpfra°tion 
after all expenses and losses then incurred have been de- °^ policy, 
ducted, in proportion to the sums by him paid on account 
of said policy, according to the contract, policy, or by-laws. 

Sect. 22. No policy shall be issued by any mutual fire Policies issued 
insurance company until one hundred thousand dollars shall wheT|ioo^ooo 
have been subscribed to be insured by the companj^, nor for i'^ subscribed. 
a term exceeding seven years ; and every policy made by Policies to-cre- 
such company shall create a lien on the personal property, ' 

and on any building insured, and the land under the same. 



390 1854— Chapter 453. 

for securing the payment of the deposit note and any sums 
Troviso. assessed upon the insured : provided, the extent of the lia- 

bility, and the intention of the compan}- to rely upon the 
lien, shall be set forth in the policy, and that upon the alien- 
ation of the property to a bona fide purchaser, the lien 
shall cease as to all losses yrhich shall hereafter happen, 
unless the policy shall be continued by consent of the pur- 
chaser and company. And if it shall become necessary to 
resort to such lien for the payment of the sum secured 
thereby, the secretary shall demand payment from the in- 
sured, and also from the tenant in possession, or the person 
having possession of the personal property, setting forth in 
writing the sum due ; and in case of non-payment, the com- 
pany may sue, and levy the execution upon the property or 
estate. The officer making the levy may sell the whole or 
any part thereof by auction, and apply the proceeds in the 
same manner as in the sale of an equity of redemption of 
real estate ; and the owner shall have the same right to re- 
deem any real estate thus sold, as in case of the sale of an 
equity of redemption upon execution. 
May insure Sect. 23. Mutual fire insuraucc companies are empow- 
other States, crcd to iusurc property included in the terms of their char- 
ters, situated in the States of Massachusetts, New York, 
Vermont, New Hampshire, Maine, Rhode Island, Connec- 
ticut, New Jersey, and Pennsylvania. 
Policies to de- Sect. 24. The directors of mutual fire insurance com- 
property. '^ ^ pauics may divide the property insured into four classes. 
The policy shall designate the class, and the assessments 
shall be made upon premiums and deposit notes belonging- 
Proviso, iq i\^Q class in which the loss occurs : provided, that no 
policy shall be issued in a separate class until one hundred 
thousand dollars shall be subscribed to be insured in that 
class. The expenses of the company, not strictly applicable 
to either class, shall be apportioned to each class, according 
to tlie amount of premiums ; and in a division of the funds 
and returns of premiums and deposits, each member is en- 
titled to receive his proportion of the funds belonging to 
the class in which he was insured. 
Mutual niarine Sect. 25. No policy shall be issued by a mutual marine 
companies. ingnrauce company until the members thereof have signed 

an agreement substantially as follows, viz. : — 
Form of agree- "The Subscribers, members of the M. M. Company, 
"^^'^ ■ severally agree to pay said company, on demand, the sums 

set against their names, or such parts thereof as may be 
called in for the use of the company, in money or promis- 
sory notes." 



1854. — Chapter 453. 



39i 



And when two hundred thousand dollars, if the company ;jh-^P.o;-- 
is in Boston, or fifty thousand if elsewhere, has been sub- 
scribed, and the president and directors have certihed that 
the subscribers are known to them, and they believe thein 
solvent and able to pay their subscriptions, policies may be 
issued; and subsequent subscriptions shall be certified in 
the same manner. And any person making a false certifi- 
cate shall be liable for the sum which the subscriber tails to 
pay. Any company may, instead of the subscriptions, com- 
mence business with guaranty stock of not less than fifty 
thousand dollars, paid in and invested, and may pay as a 
dividend upon said stock the same per cent, ot profits as 
shall be declared an earned premium, and may pay tfie prin- 
cipal of the stock when the net profits shall be sufficient to 
replace the stock, and shall have been invested. Every Members. 
person subscribing the agreement before the organization 
of the company, and every person insured, shall be members 
thereof. But such subscribers shall be members for one 
year only after the organization, and those Insured shall not 
be members after the termination of the risk and the pay- 
ment of any sum due by reason thereof. When the profits Dmsion of 
exceed two hundred and fifty thousand dollars, the surplus 
above that sum may be divided among those entitled thereto, 
according to the by-laws of the company. 

Sect. '1Q. The subscriptions provided for m the pi-eced- How subscnp- 
ino- section, whether paid in money or notes, shall be taken ^eid ami used, 
fo? premiums for insurance thereafter to be effected for the 
subscribers by the company, and shall be held for losses of 
the company as they accrue. The notes shall be payable 
within one year from date, shall be deemed part of the cap- 
ital, and may be collected or negotiated for the benefit ot 
the company. And if the company shall be liable for losses Liabiiity^of of- 
beyond the amount of the fund, cash unpaid, premiums tor .^^^,^^,,, 
risks terminated, and subscriptions, the president and direc 
tors knowino- the condition of the company, shall be liable 
personally to the insured for all losses occurring on insur- 
ance effected while such state of things continues. And the 
company shall not have at risk on the same bottom by bot- 
tomry or respondentia, and by policies on vessels, Ireiglit, 
or property, more than ten per cent, of the subscriptions 
and investe'd fund. And whenever, by means of open poli- 
cies or indorsements thereon, more than ten per cent, is so 
at risk, the directors shall, as soon as may be, obtain rein- 
surance for the amount of such excess ; and in case of wUtui 
neglect, shall be liable to pay the company all loss sustained 
by reason of such excess. 



392 1854.— Chapter 453. 

Mutual life Sect. 27. Before any mutual life insurance company 

companies, i n • j. a- . -, i p i n N 

when to go in- sliall go luto Operation, a guaranty capital of one hundred 
to operation, tliousaud doUars shall be subscribed, in shares of one hun- 

and dueetors, iip • -, . 

how chosen, drcd dollars each, and one-halt paid in cash, the other half 
to be paid as the directors may determine. The sub- 
scribers or holders of guaranty stock in any mutual life 
insurance company, shall choose the first board of directors ; 
at all subsequent elections they shall choose a majority of 
the directors until the redemption of the guaranty stock. 
Dividends. when the insured shall choose all the directors. The stock- 
holders shall be entitled to such annual dividends, not ex- 
ceeding seven per cent., as may be agreed upon at the time 
of subscribing, if the profits of the company are sufficient 
for that purpose ; and if less than the sum agreed, it shall 
be made equal to it when the profits of the company are 
Redemption of sufficient. One-quartcr of the estimated surplus fund above 
stock!^ ^^ - the risks, losses, expenses, and dividends, shall be reserved, 
to be applied to the redemption of the guaranty stock; and 
after the expiration of ten years from the organization, 
when the amount reserved shall be sufficient, and the in- 
sured shall so vote, the guaranty stock may be redeemed. 
At the expiration of every five years, the residue of the 
estimated surplus funds shall be divided among the insured 
in proportion to the whole amount of premiums paid during 
the preceding five years. 
Insurance by Sect. 28. A policy of iusuraucc on the life of any per- 
benefi't^'of an- SOU, cxprcssed to bc for the benefit of a married woman, 
other, to enure, -^v^hether made by herself, her husband, or any other person, 
shall enure to her separate use and benefit, and that of her 
children, independently of her husband or his creditors, or 
the person effecting the same, or his creditors. A trustee 
may bc appointed by the party obtaining the policy, or in 
case of no appointment by such party, then by the judge of 
probate for the county in which the party for whose benefit 
said policy is made resides, to hold the interest of the 
married woman in such policy, or the proceeds thereof. A 
policy effected by any person on his own life, or on the life 
of another, expressed to be for the benefit of such other or 
his representatives, or a third person, the person for whose 
benefit it was made shall be entitled thereto, against the 
creditors and the representatives of the person effecting the 
same. If the premium is paid by any person with intent to 
defraud his creditors, an amount equal to the premium so 
paid, with interest thereon, shall enure to the benefit of his 
creditors. 



1854— Chapter 453. 393 

Sect. 29. Every company empowered to make insurance Payment of 
on lives upon land, shall be subject to the same obligations or^pj^fits^'^^o 
for the payment of a certain share of the profits to the Mass. General 
Massachusetts General Hospital, as are imposed on the "^^^^^ ' 
Massachusetts Hospital Life Insurance Company. And the 
net profits of the business of mutual life insurance compa- 
nies, one-third of which they are required to pay to the 
trustees of said hospital, shall be taken to be the excess of 
the dividends over six per cent., annually, payable by the 
said companies, to the holders of the guaranty stock actually 
paid in. And after the guaranty stock shall be redeemed, 
the companies shall pay to the said trustees the same sum 
annually as before the redemption. 

Sect. 30. The word foreign, used in this act, applies to Foreign com- 
all companies not incorporated by the legislature of this ^'^^^^^' 
Commonwealth. 

Sect. 31. No foreign insurance company, by their agent Agents not to 
in this Commonwealth, shall insure property in this Common- capital st^ock Is 
wealth, or contract for insurance with any residents in this Sioo.ooo, and 
Commonwealth, unless the capital stock of the company pUed with?°'"" 
amounts to one hundred thousand dollars, all of which sums 
which shall have been paid in and invested, exclusive of 
stockholders' obligations of any description, and the debts of 
the company; nor unless the company is restricted by its 
charter, or otherwise, from incurring any greater hazard, in 
one risk, than one-tenth of its capital, nor unless the com- 
pany shall have complied with the provisions of this act. 

Sect. 32. Every foreign insurance company shall, in General agents 
writing, appoint a citizen of this Commonwealth, resident *° ^^ appoint- 

. ^ • 1 . • . ed in writing. 

therein, a general agent, with instructions to accept service 
of all lawful processes against the company, in like manner 
as if the company had existed and been duly served with 
process in this Commonwealth. And a copy of the writing, ^ ^^ |^g 
duly certified and authenticated, shall be filed in the office filed. 
of the secretary of this Commonwealth, and copies certified 
by the secretary shall be evidence in the courts of this Com- 
monwealth. This agency shall be continued while any liabil- 
ity remains outstanding against the company in this Com- 
monwealth ; and the power shall not be revoked until the 
same power is given to another, and a copy thereof filed as 
aforesaid. And service upon such agent shall be deemed 
sufficient service upon the principal. 

Sect. 33. The general agent shall, before any insurance General agents 
is made by the foreign insurance company, give a bond to to give bonds, 
the treasurer of this Commonwealth, with one or more sure- 
50 



394 1854.— Chapter 453. 

ties, to be approved by him, in the sum of five thousand 
dollars, with conditions that he will accept service of all 
lawful processes against the company in the manner provid- 
Ascents to ed in the thirty-second section of this act ; and every agent 
make returns. ^^ ^^^ foreign insurance company doing business in this 
Commonwealth, shall, before making any insurance, give a 
bond to the treasurer of this Commonwealth, with one or 
more sureties, to be approved by him, in the sum of one 
thousand dollars, with conditions that he will, on or before 
the fifteenth day of December, in each year, make return on 
oath to the treasurer of this Commonwealth of the amount 
insured by him, the premiums received, and assessments col- 
lected during the year ending on the thirtieth day of the 
November preceding, and at the same time pay to the treas- 
urer the tax provided in the thirty-fourth section of this act. 
Taxes, &c.,iin- Sect. 34. Whenever, by the laws of any other State, 
a°ents ofother ^^J taxcs, fiucs, penalties, deposits of money, or of securi- 
states. ties or other obligations, are or -shall be imposed upon 

insurance companies incorporated or organized under the 
laws of this Commonwealth, and transacting business in 
such other State, or upon the agents of such insurance com- 
panies, then, so long as such law or laws shall continue in 
force, the same taxes, fines, penalties, deposits and obliga- 
tions, shall be imposed upon all insurance companies doing 
business in this Commonwealth, which are incorporated or 
organized under the laws of such other State, and upon 
their agents. 
Copy of char- Sect. 35. The general agent of every foreign insurance 
deposited. company shall, before any insurance is made, deposit with 
the secretary of the Commonwealth, a copy of the charter of 
the company, and a statement, in the form appended to this 
act, signed and sworn to by the president and secretary, and 
To publish shall, before the fifteenth day of December, annually, trans- 
emen . ^^-^ ^ Statement in the form appended to this act, signed 
and sworn to by the president and secretary, made up to 
the time of the last annual statement of such company to 
the secretary of the Commonwealth, and shall publish a 
copy thereof twice, in two different newspapers in each 
county in which the company has established an agency, and 
in counties in which but one newspaper is published, three 
successive weeks. 
Validity of Sect. 36. If iusuraucc is made by a foreign insurance 

contracts and -xi j. i • ',1^1 • •!• p xi,* 

liability of compauy, without complying with the requisitions oi this 

agents. act, the coutract shall be valid ; but the agent making the 

insurance shall be liable to the penalty provided in the 



1854— Chapter 453. 395 

thirty-ninth section of this act. And if any such company 
shall neglect; after notice by the treasurer of this Common- 
"wealth, to appoint a general agent,, agreeably to the pro- 
visions of this act, they shall not recover any premium or 
assessment made by them on any contract of insurance with 
a citizen of this Commonwealth, until the provisions of this 
act are complied with. 

Sect. 37. Every insurance company in this Common- Annuaireturns 
wealth shall, before the fifteenth day of December, annually, *° ^® "^^'^*'' 
transmit to the secretary of the Commonwealth, a state- 
ment, made up to the first day of the month, in the form 
appended to this act, signed and sworn to by the president 
and secretary. And the secretary of the Commonwealth 
shall, annually, in the month of October, furnish to the in- 
surance companies two or more printed copies of the form 
of return to be made by them. 

Sect. 38. The companies now incorporated shall, within Existing com- 
one year, conform to the provisions of this act, and the re- ^o^j?^''tVt^is'act 
turns made in December next shall conform thereto. The 
charters of all companies that do not give notice to the 
secretary of the Commonwealth of the acceptance of the 
charter, and organize within one year from its date, shall 
be void. 

Sect. 39. Any person who shall procure payment or penalty for 
any obligation for the payment of any premium for in- pJ'°'^""^^ p^J" 
surance, by false or fraudulent representations, shall be false Vepre'sen- 
punished by fine not exceeding one thousand dollars, or*^*^^°°®- 
imprisonment not exceeding six months, for each offence. 

Sect. 40. Any agent making insurance in violation of Forfeiture for 
this act, or any law of this Commonwealth, shall forfeit, for ^j.'^^^^^^^ *^^® 
each offence, a sum not exceeding five hundred dollars ; and 
every person who shall make contract for, receive, or trans- 
mit proposals for insurance, or receive for delivery, policies 
founded on proposals forwarded by him from this Common- 
wealth, shall be deemed the agent of the company, within 
the meaning of this act. 

Sect. 41. Every insurance company, and every agent of Penalty for 
a foreign insurance company, neglecting to make the returns mallrreturns*. 
required by this act, shall forfeit one hundred dollars for 
each and every day's neglect, to be recovered by the treas- 
urer of the Commonwealth. 

Sect. 42. The secretary, treasurer, and auditor of this insurance 
Commonwealth, are made insurance commissioners, and may m^^ppoinlan 
appoint an actuary to examine the statements and bonds of actuary. 
all insurance companies and agents, and to render other 



396 f^^ 1854.— Chapter 453. 

services necessary to secure a compliance with this act, and 
prosecute all infractions thereof; and the governor and 
council may allow a reasonable compensation for services 
rendered and expenses incurred, in enforcing the provisions 
Annual ab- of this act. The Secretary of state shall prepare an abstract 
printed, °&c^ of all the Statements by the companies, and by the agents 
of foreign companies, and cause the same to be printed 
and furnished to the legislature in the month of January, 
annually. 
Companies to Sect. 43. All iusurancc companies incorporated by, and 
a opt y- aws. ^^-^^^ busincss under, the law of this Commonwealth, may, 
at any annual or special meeting thereof, adopt any by-laws 
for the administration or regulation of their business, which 
shall not be repugnant to the provisions of their respective 
charters, or to the laws of this Commonwealth. 
Acts repealed, Sect. 44. The following acts, viz. : the thirty-seventh 
Baying, -c. chapter of the Eevised Statutes ; the two hundred and 
eighth chapter of the statutes passed in the year eighteen 
hundred and thirt3^-six ; the one hundred and ninety-second 
chapter of the statutes passed in the year eighteen hundred 
and thirty-seven ; the thirty-fifth and the one hundred and 
seventy-eighth chapters of the statutes passed in the year 
eighteen hundred and thirty-eight; the ninth and twenty- 
first chapters of the statutes passed in the year eighteen 
hundred and forty-two ; the eighty-second chapter of the 
statutes passed in the year eighteen hundred and forty-four ; 
the seventeenth and fifty-fifth chapters of the statutes passed 
in the year eighteen hundred and forty-five ; the two hun- 
' dred and forty-eighth and two hundred and seventy-third 
chapters of the statutes passed in the year eighteen hun- 
dred and forty-seven ; the eighty-first chapter of the statutes 
passed in the year eighteen hundred and forty-eight ; the one 
hundred and fourth chapter, so far as relates to insurance 
companies, of the statutes passed in the year eighteen hun- 
dred and forty -nine ; the two hundred and seventy-ninth 
chapter and the three hundred and eighth chapter, so far as 
relates to insurance companies, of the statutes passed in the 
year eighteen hundred and fifty ; the ninetieth, the one hun- 
dred and fifty-seventh, the one hundred and sixty-fifth, the 
one hundred and seventieth, the two hundred and eighty- 
first, and the three hundred and thirty-first chapters of the 
statutes passed in the year eighteen hundred and fifty-one ; 
the two hundred and twenty-seventh, the two hundred and 
thirty-first, and the three hundred and eleventh chapters of 
the statutes passed in the year eighteen hundred and fifty- 



1854.— Chapter 453. 



397 



two ; the three hundred and thirty-third and three hundred 
and seventy-sixth chapters of the statutes passed in the 
year eighteen hundred and fifty-three ; and all other general 
laws inconsistent with the provisions of this act, are hereby 
repealed ; saving to the Commonwealth, and individuals, and 
corporations, any forfeitures and penalties which have ac- 
crued for violations of the provisions of the acts repealed. 
Sect. 45 



now pending. 



This act shall have no efi'ect in any action Not to aflect 

pending ac- 



FORMS OF RETURNS FOR ALL INSURANCE COMPANIES 
WITH SPECIFIC CAPITAL, DOING BUSINESS IN THIS 
COMMONWEALTH, CHARTERED BY ANY ONE OF THE 
UNITED STATES. 





Place where located. 




Name or title of Company. 




Amount of Capital Stock. 




Amount of United States Stocks and Treasury Notes ; stating 
the amount of each kind. 




Bank and State Stocks ; amounts of each kind, and the number 
of Bank shares. 




Loans on Bottomry and Respondentia. 




Amount invested in Real Estate. 




Amount of Loans on Real Estate, secured by Mortgage. 




iioans on Collateral and Personal Security. 




Loans on Personal Security only. 




Cash on hand. 



398 



1854.— Chapter 453. 





Reserved, or Contingent Fund. 




Amount invested in Railroad Stock ; stating each kind, num- 
ber of shares of each, and amount. 




Amount of Losses ascertained and unpaid. 




Amount of estimated Losses, exclusive of such as are returned, 
' as ascertained and unpaid. 




Amount of Premium Notes on Risks terminated. 




Amount of Premium Notes on Risks not terminated. 




Total amount of Premium Notes. 




Amount of Notes considered bad or doubtful, not charged to 
Profit and Loss. 




Amount of Marine Risks undetermined. 




Amount of Fire Risks undetermined. 




Amount of Premiums on Fire Risks undetermined. 




Average Annual Dividends for five preceding years, if so long 
incorporated, or since incorporated. 




Highest rate of Interest received on Loans, excepting on 
Bottomry or Respondentia. 




Highest Rate of Interest or Discount paid for moneys borrowed 
by the Company. 




Amount borrowed, and on what security. 




What amount of the Capital is pledged to the Company. 



1854.— Chapter 453. 



399 



Amount of Fire Losses paid the last year. 



Amount of Marine Losses paid tlie last year. 



Number of shares of the Capital Stock owned by the Com- 
pany, or that remain unsubscribed for. 



FORM OF A RETURN FOR MUTUAL MARINE OR MUTUAL 
FIRE AND MARINE INSURANCE OFFICES. 



Name or title of the Company. 



Place where located. 



Amount of Assets. 



Schedule of Assets, viz. 



Cash. 



Premium Notes on Risks terminated. 



Premium Notes on Risks not terminated. 



Other notes ; stating how secured, and for what given. 



Debts due to the Company, and how originated, (other than 
notes mentioned above.) 



All other property ; specifying amount and value of each kind 
of property and stocks. 



Losses paid during the year, ending , on Marine Risks. 



Return Premiums, paid or credited during the same time, on 
Marine Risks. 



400 



1854.— Chapter 453. 





Losses paid on Fire Risks during same time. 




Amount of Losses ascertained and unpaid, on Marine Risks. 




Amount of Losses ascertained and unpaid, on Fire Risks. 




Estimated amount of Losses on claims unliquidated on Marine 
Risks. 




Estimated amount of Losses on claims unliquidated on Fire 
Risks. 




Amount of expenses paid. 




Amount Insured, during the year, on Marine Risks. 




Amount of Premium on Marine Risks. 




Amount Insured, during tlie year, on Fire Risks. 




Amount of Premium on Fire Risks. 




Amount of Marine Risks terminated. 




Amount of Premium on Marine Risks terminated. 




Amount of Fire Risks terminated. 




Amount of Premium on Fire Risks terminated. 




Amount of undetermined Marine Risks. 




Amount of Premium on undetermined Marine Risks. 




Amount of undetermined Fire Risks. 



1854.— Chapter 453. 



401 





Amount of Premiums on undetermined Fire Risks. 




Amount of Debts owed by the Company, other than those for 
Losses above-mentioned ; state for what, and how secured. 




Highest Rate of Interest received. 




Highest Rate of Interest paid. 




Amount of liability of parties insured, to assessment, over and 
above the amount paid for premium and deposit money. 




Amountof Premiums included in the Assets, which the assured 
have the right to have endorsed on notes making part of the 
assets above-mentioned. 




Amount of delinquent notes, included in the assets above. 




Amount of Dividends made during the last five years, or since 
incorporated, if incorporated less than five years. 



FORM OF RETURN FOR ALL MUTUAL FIRE INSURANCE 
COMPANIES DOING BUSINESS IN THIS COMMONWEALTH, 
AND CHARTERED IN ANY ONE OF THE UNITED STATES 



Name of the Company. 



Where located. 



Date of commencement of business. 



Amount insured by existing Policies. 



Amount of Premiums and Deposits received on same. 



Portion of Premiums and Deposits received in money. 



51 



402 



1854.— Chapter 453. 



Portion of Premiums and Deposits received in notes. 



Amount of Assets, other than notes received for Premiums 
and Deposits ; state particularly of what they consist. 



Amount of Losses paid during the last five years, or since the 
commencement of business, if less than five years. 



Amount assessed on Notes for the same period. 



Amount assessed beyond the amount of Notes. 



Amount of liabilities of parties insured to assessment, in ad- 
dition to the amount already collected. 



Amount of Assessments uncollected. 



Amount of Dividends paid to Policy-holders, during same 
period. 



Amount of Policies terminated the past year. 



Amount of Policies issued the past year. 



Amount of Premiums and Deposits received for said Policies. 



Amount of Losses paid the past year. 



Amount of Losses ascertained and unpaid. 



Amount of Assessments on Notes the past year. 



Amount of Assessments the past year, beyond the amount of 

Notes. 



Amount of Dividends paid to Policy-holders the past year. 



1 85 4.-—CH AFTER 453. 403 





Amount of Debts owed by the Company, for money bor- 
rowed, or otherwise. 




Highest rate of Interest paid. 




Highest rate of Interest received. 




Amount Insured on Real Estate. 




Amount Insured on Personal Property. 




Amount Insured on First Class. 




Amount Insured on Second Class. 




Amount Insured on Third Class. 




Amount Insured on Fourth Class. 




Premiums and Deposits received in First Class. 




Premiums and Deposits received in Second Class. 




Premiums and Deposits received in Third Class. 




Premiums and Deposits received in Fourth Class. 




Lopses in First Class. 




Losses in Second Class. 




Losses in Third Class. 




Losses in Fourth Class. 

• 



404 



1854.— Chapter 453. 



Amount of Expenses of the Company during the year. 



Amount charged for proposals, policies, assignments, and other 
papers. 



FORM OF RETURN FOR LIFE INSURANCE COMPANIES, 
INCLUDING MUTUAL, CHARTERED BY ANY ONE OF THE 
UNITED STATES. 





Name of the Company. 




Where located. 




Amount Insured by existing Policies. 




Present value of existing Policies, or amount requisite for re- 
insurance. 




If estimated, state the grounds upon which said estimate is pre- 
dicated. 




Amount of the Assets of the Company. 




How invested ; state each kind. 




Amount due for Losses. 




Amount due on other claims, including Dividends. 




Amount received for Premiums the past year. 




Amount received for Interest the past year. 




Amount of all expenses the past year. 


• 


Amount paid to Agents the past year. 



1854.— Chapter 454. 



405 



Amount of Losses the past year. 



I Amount of Guaranty Funds. 



How are Dividends paid ; whether in cash, scrip, or other- 
wise, on credit. 



FORM OF RETURN FOR FOREIGN INSURANCE COMPANIES, 
CHARTERED WITHOUT THE UNITED STATES. 





Name of Company. 




Where located. 




Amount of Capital. 




Amount secured by mortgage of Real Estate. 




Amount invested in United States and State Stocks. 




Amount of Stock in Incorporated Companies ; stating what 
Companies, 




Amount of other Assets, particularizing each item of invest- 
ment. 


[Approved hy the Governor, April 29, 1854.] 



An Act to authorize the Business of Loan and Fund Associations. Chcin. 454 
Be it enacted by the Senate and House of Represejita- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Any persons, not less than fifty in number, and Loan fund as- 

• 1. 1 11 x^ji sociations au- 

their successors, may become a body corporate, tor the pur- thorized. 
pose of accumulating a fund to be lent on real estate security, 
or divided among its members ; and such corporation, the 
stockholders and officers thereof, shall be entitled to all the 



406 1854— Chapter 454. 

powers, privileges, and remedies, and shall be subject to all 
the duties, restrictions and liabilities, set forth in the public 
statutes of this Commonwealth, and in such acts as may 
hereafter be passed by the general court in relation to 
such corporations. 
Business.when Sect. 2. Before any such corporation shall commence its 
to commence, -bugji^ggg^ a majority of the shares thereof, being not less 
than three hundred in number, shall have been subscribed 
for, and the entrance fees thereon paid in ; and the presi- 
dent and secretary thereof, under their hands and seals, 
shall have made a certificate, which shall specify : — 
First. The corporate name of such corporation. 
Secondly. The name of the city or town in which such 
corporation is to be located. 

Thirdly. The amount of its capital stock, and the number 
of shares into which the same shall be divided. 

Fourthly. The names and places of residence of the 
stockholders, and the number of shares held by each. 

Fifthly. The time when such corporation was organized. 
Certificate and Which certificate shall be acknowledged before a justice 
fiied^^^ ^° of the peace, and recorded in the registry of deeds for the 
county in which such corporation is to be located, and a 
copy thereof, and of the by-laws of the said association, 
shall be filed in the office of the secretary of the Common- 
wealth ; and copies of such certificate, duly attested by the 
register of deeds or secretary of the Commonwealth, shall 
be admitted as sufficient evidence in all the courts of law, 
and on all occasions whatever : provided, however, that no 
corporation established under the provisions of this act shall 
take the name of any corporation, or association, heretofore 
organized or incorporated in this Commonwealth for similar 
purposes, 
statement to Sect. 3. Every sucli corporation shall, annually, in the 
e pu IS e . j-j^Q^^j-^ Q^ January, publish in one or more newspapers, in 
the county where such corporation shall have its place of 
business, a statement, verified by the oaths of its president 
and secretary, setting forth its actual financial condition, 
and the amount of its property and liabilities, and shall also 
deposit a copy of said statement, verified as aforesaid, in 
the office of the secretary of the Commonwealth. 
Loans, how to Sect. 4. Every such corporation shall lend its funds on 
e ma e. ^^^ estate sccurity only j'^'and upon the terms and conditions, 
and in the manner which shall be specified by its by-laws, 
and no loan shall be made by any such corporation to any 
person not a member. 



1854— Chapter 454. 407 

Si;CT. 5. Any existing association, formed for the pur- ^<=t may apply 
poses mentioned in the first section of this act, may be sociations! 
entitled to the full benefit and privileges of this act, and 
may organize itself as a corporation under the same, by 
complying with the provisions of the second section hereof. 

Sect. 6. Such corporation shall have no power to con- Debts, 
tract debts, other than those connected with the ordinary 
expenses of their business. 

Sect. 7. Every such corporation shall terminate, except Corporation to 
for the purpose of settling its afiairs, whenever all its shares 
shall have been redeemed by loans or advances thereon, or 
whenever the funds and property of the corporation shall 
be sufficient to pay, upon the unredeemed shares, the value , 

thereof as fixed by the by-laws of such corporation, filed in 
the office of the secretary of the Commonwealth, as afore- 
said : provided^ however^ that every borrower from such Proviso, 
corporation, or association, shall be entitled to have his 
bond and mortgage, or other evidence of indebtedness, can- 
celled and discharged, whenever he shall have repaid an 
amount equal to the principal sum borrowed, together with 
the monthly interest thereon, and his fines for defaults. 

Sect. 8. The supreme judicial court shall have full Supreme judi- 

. !•,. . • L c ^^ ^ • t ^ ^ • ^ cial court to 

jurisdiction in equity oi ail claims or disputes which may ^ave jurisdic- 
arise between any such corporation and any of its members. *i°"' '^■''• 

Sect. 9. No member of any such corporation, who has Members in- 
borrowed money of the same, shall be allowed to vote on to"ote. ^°* 
any question afi"ecting the claim of such corporation against 
himself. 

Sect. 10. This act shall take effect from and after its 
passage. 'lApproved by the Governor, April 29, 1854.] 



1854. — Change of Names. 409 



CHANGE OE NAMES. 



Secretary's Office. 

By the 256tli chapter of the acts of 1851, entitled ''An 
Act to provide for the Change of Names of Persons/' it is 
provided that " the judges of probate for the several coun- 
ties shall annually, in the month of December, make a re- 
turn to the ofiice of the Secretary of the Commonwealth of 
all changes of names made under and by virtue of this act, 
and such returns shall be published in a tabular form, with 
the statutes of each year." And the following returns are 
all that have been received at this department in accord- 
ance with said act."^" 

ESSEX. ' 

February 1, 1853. Jane E. Danforth, of Danvers, takes 
the name of Jane E. Niles. 

May 17. Charles Albert Solarris, of Danvers, takes the 
name of Charles Albert Lawrence. 

June 7. William Pool, of Rockport, takes the name of 
"William Choate Pool. 

November 1. Mary Ann Griffin, of Salem, takes the 
name of Susan Swan Griffin. William Henry Hicer, of 
Salem, takes the name of William Henry Parker. 

The decrees under date of February 1, May 17, and June 
7, were made by Daniel A. White, former Judge, and the 
two latter by N. S. Howe, present Judge of Probate. 

MIDDLESEX. 

January 11, 1853. Emerson Pepper, of Lowell, (a minor,) 
takes the name of Frederick Emerson Willis. 

May 17. Margaret Grace French, of Cambridge, (single 
woman,) takes the name of Margaret Grace Hastings. 

November 1. Walter Powers, of Reading, takes the 
name of Thomas Walter Powers. John McCarty, Ann, his 

* No returns have ever been made, under this Act, from the County of Suftblk. 

52 



410 1854. — Change of Names. 

wife, and Charles, Andrew, Jolm, and Mary Frances McCar- 
• ty, his children, all of Lowell, take the surname of Mack, 
instead of McCarty. 

Decreed by S. P. P. Pay, Judge of Probate for the County 
of Middlesex. 

WORCESTEE. 

January 4, 1853. Windsor Adams, of Brookfield, (a mi- 
nor,) son of Abioiail Adams, deceased, takes the name of 
Windsor Adams Bowen. 

July 5. Major Chamberlin, of Southbridge, (a minor.) 
takes the name of Andrew M. Chamberlin. Emily Todd, of 
Worcester, takes the name of Emily S. Walden. Nathaniel 
Eichardson, and Emeline Richardson, his wife, adopt Emily 
Barber, daughter of John P. Barber, of Winchendon, and 
said Emily takes the name of Emily Barber Richardson. 

August 2. James E. Cheney, and Caroline A. Cheney, of 
Holdcn, adopt a female child named Mary Davis, and 
said Mary Davis takes the- name of Mary Davis Cheney. 
Stephen Harrington, of Worcester, adopt Nancy Ann Tem- 
ple, an orphan child, daughter of Samuel Temple and Nancy 
Temple, late of Holden, deceased, and said Nancy Ann 
takes the name of Nancy Ann Harrington. 

October 4. John Hagan, of Upton, and Ann B[agan, his 
wife, adopt James Williams, (a minor,) of the age of 18 
weeks, son of Jane Randies, widow, and said James Wil- 
liams takes the name of James Williams Hagan. Eras- 
tus J. Barrows, and Nancy A. Barrows, his wife, adopt Jane, 
an infant daughter of Catharine Head, of Clinton, and said 
Jane takes the name of Jane Barrows. 

December 6. Augustus F. Fuller, and Achsah Fuller, his 
wife, of Holden, adopt Eugene F. Brigham, (a minor,) son of 
Mary S. Swan, aged five years, and said Eugene takes 
the name of Eugene Brigham Fuller. G. Q. A. Bryant, and 
Louisa Ann Bryant, his wife, adopt Finette Louisa Miller, 
daughter of Thomas Miller and Mary Ann Miller, and said 
Finette takes the name of Finette Louisa Bryant. Silas 
Andrew Freeman, of Millbury, takes the name of Andrew 
Silas Freeman. 

Decreed by Thomas Kinnicutt, Judge of Probate for the 
County of Worcester. 

HAMPSHIRE. 

January 4, 1853. Frances Laura Miller, of Northamp- 
ton, takes the name of Sarah Jane Miller. 



1854. — Change of Names. 411 

May 3. Albert Henry Saunders, of Middlefield, takes 
the name of John Henry Damon. Nancy Haydon, of Wil- 
liamsburg, takes the name of Nancy Hannum. 

September 6. Perrin Mathews, of South Hadley, takes 
the name of Charles Perrin Mathews. 

Decreed by Ithamar Conkey, Judge of Probate for the 
County of Hampshire. 

HAMPDEX. 

Michael Corbett, of Palmer, takes the name of Charles 
Corbett. Moses Chapin, 2d, of Chicopee, takes the name 
of Moses Whitman Chapin. 

Decreed by Henry Smith Register for the County of 
Hampden. 

NORFOLK. 

February 26, 1853. Anderson Hollingsworth, of Brain- 
tree, takes the name of Ellis Anderson Hollingsworth. 

May 7. Frederick Graham Howard, of Brookline, takes 
the name of Benjamin Chandler Howard. 

Decreed by W. S. Leland, Judge of Probate for the Coun- 
ty of Norfolk. 

PLYMOUTH. 

November 1, 1853. Michael Marea, of North Bridge- 
water, takes the name of Shearman T. Marea. 

Decreed by Aaron Hobart, Judge of Probate for the 
County of Plymouth. 

BRISTOL. 

Pardon A. Sisson, of New Bedford, takes the name of 
Edward R. Sisson. John Wood, of New Bedford, takes 
the name of John Franklin Wood. Cornelius Mahoney, of 
Raynham, takes the name of Cornelius Allen White. 

Decreed by Oliver Prescott, Judge of Probate for the 
County of Bristol. 

BARNSTABLE. 

January 11, 1853. Emma Adelaide Ward, minor child of 
Charles AVard, of Chatham, takes the name of Kezia Ade- 
laide Ward. 

February 8. Robert Austin Lovell, of Barnstable, takes 
the name of Austin Lovell. Forbes Douns, minor child of 
Mary N. Douns, of Dennis, takes the name of Isaac Downs. 

April 18. Isaac Smith, 2d, of Harwich, takes the name 
of Isaac Harvey Smith. 



412 1854. — Change of Names. 

May 17. Alvin W. Rich, minor child of Michael A. Rich, 
of Truro, takes the name of Michael A. Rich. Henry Phi- 
neas Shaw, minor child of Sarah Shaw, of Truro, takes the 
name of Cornelius Henry Shaw. 

August 9. Julia Nye Loring, a minor, of Barnstable, 
" whose parents are both deceased, takes the name of Julia 
Annette Loring. 

Decreed by Nymphas Marston, Judge of Probate for the 
County of Barnstable. 

No returns from Berkshire, Franklin, Nantucket, and Dukes Counties. 



RESOLVES 



PASSED BY THE 



Segbldun of ^usntliiisdis. 



Resolve to pay the late Acting Clerk of the House of Representatives. Chap. 1. 

Resolved, That there be allowed and paid out of the ^30 to acting 
treasuiT of the Commonwealth, to William Schouler, the ^^^^^ . '^^""^f 

*' . ' . , ^ organization 01 

sum of thirty dollars, in full paj^ment for his services as legislature, 
acting-clerk of the House of Representatives, during the 
organization thereof, at the commencement of the present 
session ; and that a warrant be drawn accordingly. [Ap- 
proved by the Governor, January 25, 1854.] 

Resolve in addition to a Resolve for Printing the State Prison Report. Chcip. 2. 

Resolved, That the Secretary of the Commonwealth for ooo additional 
the time being, be authorized and directed to cause to be p^P'o^ "gp^r^t!^ 
printed annually, in addition to those already ordered, by a 
resolve passed March thirty-first, eighteen hundred 'and 
fifty-one, chapter twenty-first, five hundred copies of the 
State Prison Report, for the use of the inspectors of said 
prison. [Approved by the Governor, February 4, 1854.] 

Resolve for the pay of the Legislature and its Officers, monthly. ChttV. 3. 

Resolved, That there be paid out of the treasury of the Monthly pay 
Commonwealth, to each member of the legislature, at the °f members. 
end of every month during its session, the sum of fifty dol- 
lars : provided, it shall appear by the certificate of the clerk 
of either House, that the pay of the member for the month, 
at two dollars per day, amounts to that sum, not including 
travel, Also^ that there be paid to the clerks, messengers, 



414 1854. — Chapters 4, 5. 

door-keepers and pages of the two Houses, a proportionate 
sum, upon producing the proper certificate; and his ex- 
cellency the governor, is hereby authorized to draw his 
warrant on the treasurer, for a sum not exceeding one hun- 
dred thousand dollars, for the purpose above specified. 
[Apj[)roved by the Governor, February 7, 1854.] 

ChajJ. 4. Resolve on the Petition of Frances C. Clarke. 

Frances c. Resolvecl, For reasons set forth in said petition, that the 

Clarke author- 

izedtoseiicer- Said Franccs C. Clarke be, and she hereby is, authorized to 
tain lot of land ggH^ at public or private sale, the lot of land in the Forest 
Hills Cemetery, named in her said petition, of which her 
late husband, Manlius S. Clarke, died seized and possessed ; 
and to make and execute a good and sufficient deed of con- 
veyance to the purchaser, and to invest the proceeds thereof 
in such other lot of land, in said Cemetery, as she shall 
judge best for all interested therein, for the benefit of her- 
self and Thomas C. Clarke, Florence L. Clarke, and Edith 
H. Clarke, widow and minor children of said Manlius S. 
Clarke, deceased. [Approved by tUe Governor, February 
10, 1854.] 

Chap, 5. Resolves concerning the Records of the General Court. 

Repeal of are- Resolved, That the Resolve of the thirteenth day of May, 
*"^^'^- eighteen hundred and fiftj^-two, "In relation to the Indices 

of the General Court Records," and the Resolves of May 
second, eighteen hundred and fifty-three, " Concerning the 
Preparing and Printing the Indices of the General Court 
Records," be, and they are hereby repealed. 
1,100 addition- Rssolved, That the governor of the Commonwealth cause 
Jdn°tedof ^"o£ ^0 ^^e printed eleven hundred additional copies of the first 
land 2. two volumcs of the General Court Records. 

1,200 copies of Resolved, That twelve hundred copies of the third, fourth, 
vols, of generic ^^^^ ^^^h volumcs of the General Court Records, with suit- 
court records able ludiccs, be stereotyped and printed, under the super- 
e prmte . y^gj^^^ ^^ ^Y\q secretary of the Commonwealth, who may 
appoint some competent person or persons to prepare said 
volumes for printing, and take charge of the same, and to 
complete the Indices of the General Court Records already 
commenced ; and the compensation of such person or per- 
sons shall be determined by the governor and council. 
Secretary to Resolved, That all the said volumes, as printed, be com- 

same.^^ ° mitted to the care of the secretary of the Commonwealth, 
who shall cause them to be delivered as follows, viz. : one 



1854. — Chapter 6. 415 

copy of each of said volumes to be furnislied to the governor 
and lieutenant-governor, respectively, and to each member 
of the executive council for the present political year, the 
senate and house of representatives, and the clerks and 
chaplains of the two branches; one to the executive depart- 
ment, and one for each of the departments of the secretary 
of the Commonwealth, treasurer and receiver-general, 
auditor, adjutant-general, land agent, and to the state 
library; one to the library of congress; one to the state 
department at Washington, and one to each city and town 
in the Commonwealth ; and one copy to the state library of 
each state in the Union, and one copy each to the editor of 
said volumes and his assistants. [^Approved hy theGovernor, 
February 17, 1854.] 

Resolves concerning tlie Nebraska Bill. L/llttp. O. 

Resolved, That we view with apprehension and alarm the Repeal of eom- 
proposition, now pending before the congress of the United 
States, to repeal a solemn injunction against the introduc- 
tion of slavery into territory now free, and which was 
sacredly appropriated to the exclusive occupation of free- 
men by the compromise of 1820. 

Resolved, That we can hold it as nothing less than a vio- A. V?H^'"",^*^ 

1 • n T 1 T /> • 1 n ^ -nr- • plighted faith. 

lation or plighted laith to annul all that part of the JMissouri 
compromise which remains to be fulfilled for the benefit of 
freedom and the free states ; while all that part which was 
intended for the benefit of slavery and the slave states is 
rigidly insisted upon, and has been fully executed. 

Resolved, That, in behalf of the people of Massachusetts, Measure de- 
we deplore the introduction of this measure as a proposition ^ °'^ 
to disturb that which has already been settled ; and that, if 
we are to witness fresh scenes of sectional animosity and 
contention, the authors and supporters of the Nebraska Bill 
must forever bear the responsibility, and be answerable for 
all the fearful consequences of so flagrant an act of injustice. 

Resolved, That his excellency the o-overnor be requested Transmission 

of rpsolvps 

to transmit a copy of these resolutions to each of the sen- 
ators and representatives of Massachusetts in the congress 
of the United States. \^Approved hy the Governor, Febru- 
ary 19, 1S54.] 



416 



1854. — Chapters 7, 8. 



Chap. 7. 

Arthur W. 
Austin, trus- 
tee, &c., au- 
thorized to 
convey real 
estate. 



Resolve on the Petition of Lucy S. Keyes. 

Resolved, For reasons set forth in said petition, that 
Arthur "W. Austin, of West Roxbury, in the county of Nor- 
folk, successor to the late Joel Seaverns, as trustee under 
the deed of Jeremiah Plympton, be, and he hereby is, au- 
thorized and empowered, to convey all the interest in the 
estate mentioned in said petition, to the said Lucy S. Keyes, 
being the same estate described in a deed from said Plymp- 
ton to said Seaverns, which is recorded in the Norfolk Reg- 
istry of Deeds, book one hundred and forty-two, and page 
three hundred and four; and the deed of quit-claim of said 
Austin, to the said Lucy S. Keyes, of said estate, shall vest 
in her, the said Lucy S. Keyes, the same right, title and 
interest and estate, in the said premises, as if originally 
conveyed to her in fee by the said Jeremiah Plympton. 
\^Approved hy the Governor, Fehruarij 20, 1854.] 



Chap. 8. Resolve on the Petition of Charles J. Morrill, Trustee, and others. 

Chas. J. Mor- Resolved, For the reasons set forth in said petition, that 
&c' authorized Charlcs J. Morrill, as he is the trustee under an indenture 
to sell estate, of three parts made March sixteenth, in the year of our 
Lord, one thousand eight hundred and forty-nine, between 
Ezekiel Morse of the first part, and the said Morrill of the 
second part, and Matilda Morse of the third part, recorded 
with Suifolk Deeds, liber six hundred and eight, folio one 
hundred and seventy-seven, be, and he hereby is, authorized 
and empowered to sell at public or private sale, and at 
such times and for such considerations, as to said trustee, 
may seem most advantageous for all parties interested ; and 
upon the receipt of such consideration, to convey, in fee 
simple, the estate described in said indenture, being an 
estate on Saratoga Street, East Boston, to the jaurchaser or 
purchasers, wholly free and discharged of all trusts or obli- 
gation to see to the application of the purchase money. 
From the net proceeds of sales, the said trustee is hereby 
authorized to repay to himself, the amounts advanced by 
him to the said Ezekiel Morse and Matilda Morse, and their 
family, as set forth in said petition, being about seven hun- 
dred and fifty dollars, together with interest on said sums, 
to the day of payment, and he is required to pay to said 
Ezekiel Morse, the further sum of eight hundred dollars ; 
and to Benjamin S. Morse the sum of two hundred dollars ; 
and the net balance of the consideration received, after 
making these payments, shall be paid as follows : one-third 



Proceeds of 
sale, how dis- 
posed of. 



1854.— Chapter 9. 417 

of said balance shall be paid to Edwin Morse ; and two- 
thirds of said balance shall be paid to Alphonso Morse, or 
to the legally constituted guardian of Edwin and Alphonso : 
p7'ovided, however, that the said trustee shall, before making Proviso, 
said sale, give bond to the judge of probate for the county 
of Suffolk, with surety or sureties to the satisfaction of said 
judge, conditioned faithfully to comply with the terms of 
this Resolve, to act faithfully and impartially in relation to 
said sale, and to make the pecuniary payments directed by 
this Eesolve. 



Secretary's Department, February 23, 1854. 

The foregoing Resolve was laid before the governor, on Resolve legai- 
the sixteenth day of February, 1854, and returned by him '^^ 
without approval, the twenty-second day of the same month, 
and consequently, in compliance with the Constitution, passes 
into full effect. 

E. M. WRIGHT, 

Secretary of the Commonwealth. 

Resolve authorizing the Treasurer to Borrow Money in anticipation of ChciJ). 9. 
the Revenue. 

Resolved, That the treasurer of this Commonwealth be, Treasurer may 
and he hereby is, authorized to borrow, in anticipation of poOjCOo!"^ ° 
the receipts of the present year, of any of the banks of this 
Commonwealth, or of any corporation therein, or of any 
individual or individuals, such sum or sums of money as 
may, from time to time, be necessary for the payment of the 
ordinary demands on the treasury, at any time before the 
expiration of fifteen days after the meeting of the next gen- 
eral court ; and that he shall repay any sum which he may 
borrow, as soon as money sufficient for the purpose, and not 
otherwise appropriated, shall be received into the treasury : 
provided, hotvever, that the whole amount borrowed by au- 
thority hereof, and remaining unpaid, shall not, at any time, 
exceed the sum of three hundred thousand dollars. [Ap- 
proved by the Governor, February 24, 1854] 
53 



418 1854.— Chapters 10, 11, 12. 

Chap. 10. Resolves concerning certain Gun-Houses. 

Adjutant-gen- Resolved, That all the right, title, and interest of the 
tain lands. '^"' Commonwealth in and to certain tracts and parcels of land 
situate in the towns of Concord, Abington, and Norton, 
heretofore used for gun-houses and other military purposes, 
be sold by the adjutant-general, as soon as may be, and the 
proceeds thereof paid into the treasury ; and that the ad- 
jutant-general be, and he hereby is, authorized and empow- 
ered to execute and deliver such deed or deeds of said lands, 
as may be necessary to convey to the purchaser or purcha- 
sers thereof, all the interest therein now vested in the 
Commonwealth. \^Approved by the Governor, February 
25, 1854.] 

Chap. 11. Resolves in Relation to Cheap Ocean Postage. 

Cheap rates Resolved, That it is the true policy of every national 
e ruepo ic). gQygj-^Qjgjj^^ Iq procure for its citizens the advantages of a 
regular and cheap correspondence with foreign countries ; 
and that the establishment, by all maritime nations, of a 
uniform rate of ocean postage, reduced to the lowest sum 
practicable, would tend to promote and extend the blessings 
of commerce and civilization, and to secure the peace of the 
world. 

Governor to Resolved, That his excellency the governor be requested 
to transmit, to the governors of the several States, and to 
the senators and representatives in congress, copies of these 
Resolves, to the end that the government of the United 
States may be induced to cooperate in this important move- 
ment. ^Approved by the Governor, February 25, 1854.] 

C/iap. 1 Z. Resolve on the Petition of the Society for Employing Female Poor. 

f^nds^^*^^'^ °^ i?esoZve(/, For the reasons set forth in said petition, that 
the doings of said society be, and the same are hereby con- 
firmed ; and that the distribution of the funds of said 
society, as follows, namely : six thousand dollars to the 
corporation called the " Temporary Home for the Desti- 
tute," six thousand dollars to the corporation called the 
" Needlewoman's Friend Society," and the remainder to the 
" Industrial Room," as mentioned in said petition, be and 
the same is hereby ratified. [Approved by the Governor, 
March 7, 1854.] 



transmit 
copies 



1854.— Chapters 13, 14, 15, 16. 419 

Resolve concerning the Payment of Expense of Amos Wood, during his CIlCip. 13. 

Sickness. 

Resolved, That there be paid to Amos Wood, from the 
treasury of the Commonwealth, the sum of thirty dollars, 
for defrayiug the expense of his late sickness, while a mem- 
ber of the present general court. [Approved by the Gov- 
ernor, March 10, 1854.] 

Resolve concerning the Payment of Expense of Jonathan Snow, during Chap. 14. 

his Sickness. 

Resolved, That there be paid to Jonathan Snow, from the 
treasury of the Commonwealth, the sum of seventeen dol- 
lars, for defraying the expense of his late sickness, while a 
member of the present general court. [Approved by the 
Governor, March 10, 1854.] 

Resolve granting Taxes for the several Counties. L/http, 15. 

Resolved, That the sums placed against the names'of the 
several counties in the following schedule, be and hereby 
are granted, as a tax for each county, respectively, to be 
assessed, paid, collected and applied, according to law, 
namely : — 

Essex, seventy-eight thousand seven hundred and twenty 
dollars. 

Middlesex, eighty-three thousand two hundred and sixty- 
four dollars. 

Worcester, sixty thousand dollars. 

Hampshire, twenty thousand dollars. 

Hampden, twenty-eight thousand dollars. 

Franklin, twelve thousand dollars. 

Berkshire, eiirhteen thousand dollars. 

Norfolk, fifty-five thousand dollars. 

Plymouth, twenty thousand dollars. 

Bristol, thirty-five thousand dollars. 

Barnstable, eight thousand two hundred dollars. 

Dukes County, two thousand five hundred dollars. 

[Approved by the Governor, March 11, 1854.] 

Resolve in favor of the Worcester North Agricultural Society. Chcip. 16. 

Resolved, That there be paid to the Worcester North Money to^ be 
Agricultural Society, from the treasury of the Common- society. 
wealth, such sum of money as said Society would have been 
entitled to receive, had its existence admitted of an annual 



420 1854.— Chapters 17, 18. 

return in the year eighteen hundred and fifty-two, and that 
the governor be authorized to draw a warrant accordingly. 
[Approved by the Goverjior, March 11, 1854.] 



Chap. 17. Resolve relative to certain Trustee Processes, pending against the Es- 
tate of the late Jotham B. Monroe, Superintendent of Alien Passen- 
gers. 

SiSrto ex- . ^^^^^^^^^ That the treasurer of the Commonwealth be 
ecute bond of directed and authorized to execute a bond of indemnity to 
indemnity. thg president, directors and company of the Merchants' Bank, 
in Boston, to indemnify them, as trustees of Jotham B. 
Munroe, deceased, late superintendent of Alien Passengers, 
for the Commonwealth, in the city of Boston, in certain 
trustee suits, now pending before the supreme judicial court 
in the county of Suffolk ; upon receiving the sum of money de- 
posited in said Bank, by said Monroe, in his official capacity, 
as Alien Passenger Agent, and remaining on deposit in said 
Bank, at the time of the service of said trustee processes, 
and out of said sum said treasurer be authorized to pay to the 
administrator of said Monroe's estate, and to his counsel, 
the expenses and charges of defending said actions, so far 
as approved by the governor. Also, that the treasurer of 
the Commonwealth, be directed and authorized to execute 
a bond of indemnity, to the administrator of said Jotham 
B. Monroe, superintendent as aforesaid, to indemnify his 
estate against the claims and demands of the plaintiffs, in 
said suits, and other oflicial liabilities, so that said adminis- 
trator may settle the estate of said Jotham B. Monroe. 
[Approved by the Governor, March 11, 1854.] 

Chap. 1 8. Resolve on the Petition of John D. McCrate. 

^I'pointment Resolved, For reasons set forth in said petition, that the 
traro^r,confirmI ^^^^ Jo^"^ P' McCratc, as administrator of the estate of 
ed. Jonas L. Sibley, deceased, is hereby authorized to make, or 

have made, file and have recorded in the court of probate 
for the county of Worcester, an affidavit of his having given 
due notice of his appointment, by said court, as administra- 
tor of the estate of said Jonas L. Sibley, late of Sutton, in 
said county of Worcester, deceased ; which affidavit, when 
filed and recorded in said court, shall be as effectual to per- 
petuate the evidence of his having given due notice of his 
appointment as said administrator, as if made, filed and 
recorded within the period prescribed by law. [Approved 
by the Governor, March 15, 1854.] 



1854.— Chapters 19, 20, 21, 22. 421 

Resolve on the Petition of Ira M. Barton. Chap. 19. 

Resolved, For reasons set forth in said petition, that 
there be allowed and paid out of the treasury of the Com- 
monwealth, to Ira M. Barton, the sum of thirty-nine dollars, 
in full for services rendered and expenses incurred, on 
account of the Grafton tribe of Indians ; and that the gov- 
ernor be authorized to draw his warrant therefor accord- 
ingly. \^Approved hy the Governor, March 15, 1854.] 

Resolve on the Petition of John Jeffries, Jr. Chcip. 20. 

Resolved, For reasons set forth in said petition, that Authorized to 
John Jeffries, Jr., of Boston, in the county of Suffolk, as he ^^ 
is administrator with the will annexed of Caleb Andrews, 
late of said Boston, deceased, by appointment of the judge 
of probate for said county, be and he hereby is authorized 
and empowered to sell at public sale, and to execute all 
necessary deeds and instruments to convey in fee simple, 
any and all the real estate of which the said Caleb Andrews 
died seized : provided, that the said Jeffries shall first give Provided, &c. 
bond to the judge of probate for said county, with sureties 
satisfactory to said judge, for the faithful execution of the 
power hereby conferred, and to apply and account for the 
consideration money received for said sale and conveyance, 
according to law and said will. [Approved hy the Governor, 
March 15, 1854.] 

Resolve for the Payment of the Expenses of the Sickness of Jon. Chap. 21. 

E. Field. 

Resolved, That there be paid to Jon. E. Field, from 
the treasury of the Commonwealth, the sum of sixty-three 
dollars, for defraying the expenses of his sickness, while a 
member of the present legislature. [Approved by the Gov- 
ernor, March 16, 1854.] 

Resolve concerning the Fisheries in Taunton Great River. Chap. 22. 

Resolved, That the governor be requested to appoint Commissioners 
three commissioners to examine into the condition of the |° corHitkfnTf 
fisheries in Taunton Great River, and the laws regulating fisheries, 
the same, and to report such alterations or amendments of 
said laws as may tend to promote the interest and harmony 
of the inhabitants of the several towns on said river. 
[Approved hy the Governor, March 17. 1854.] 



422 1854.— Chapters 23, 24, 25. 

Chap. 23. Resolve on the Petition of Catharine C. R. Lamb, praying that authority 
be conferred on her to take care of the Property of Edward Lamb. 

Authorized to Resolved, That, for reasons set forth. in her petition, the 

take charge of . . • 

estate. ° Said Catharine C. R. Lamb be authorized to collect and 
preserve the effects of said Edward Lamb, and generally, 
during his absence from the Commonwealth, to manage and 
take take care of his estate, and out of the same to pay 
any debts of the said Edward, and provide for the expenses 
of his family, with like power and authority to that which 
may now be exercised by guardians of minors, insane per- 
sons and spendthrifts ; the said Catharine first giving bond, 
with one or more sureties satisfactory to the judge of pro- 
bate for the county of Suffolk, that she will, within three 
months, make and return into the probate court of said 
county a true inventory of all the property of said Edward, 
and account for the same, when required by said judge, to 
the person or persons who shall be legally authorized to 
receive the same. [^Approved by the Governor, March 18, 
1854.] * 

Chap. 24. Resolve on the Petition of Mary P. Townsend. 

Judge of pro- Resolved, For reasons set forth in said petition, that the 
pHcatio^^'^mry judge of probatc for the county of Suffolk is hereby author- 
setotf certain ized, ou the application of said Mary P. Townsend. to cause 

lands and ten- ,, j. nc • ^ j. -i • c • ^ ^ ' • -\ ~kis 

ements. to be sct ott lu Severalty and in lee simple, unto said Mary 

P. Townsend, three undivided fourth parts of all the lands 
and tenements within the city of Boston, held and owned 
by said Mary P. Townsend and her sister Eliza Townsend, 
late of said Boston, singlewoman, who died on the twelfth 
day of January, in the year eighteen hundred and fifty-four. 

Proviso. at the time of said Eliza's decease : provided^ however, that 

the proceedings before said judge of probate shall be in 
conformity, (as near as may be,) to the provisions of chapter 
one hundred and three of the Revised Statutes, on the par- 
tition of lands owned by several persons. [^Approved by 
the Governor, March 18, 1854.] 

Uhcip. 2b. Resolve concerning the Payment of the Expenses of Benjamin Poole, 

during his Sickness. 

Resolved, That there be paid to Benjamin Poole, from 
the treasury of the Commonwealth, the sum of sixty-three 
dollars, for defraying the expenses of his late sickness, 
while a member of the present general court. [Appi^oved 
by the Governor, March 18, 1854.] 



1854— Chapters 26, 27. 423 

Resolve on the Petition of Obed F. Hitch and Mary G. Hitch, his Chap. 26. 
wife, and Joseph Buswell. 

Resolved, For reasons set forth in said petition, that the Trustees au- 
following described lands, situate in Methuen, county of and convey 
Essex, the first parcel containing about twenty-sis acres of ^^'^<^- 
the home farm of the late Joshua Buswell, which was set 
off, by order of the court of common pleas, on the petition 
of said Joseph Buswell, to Mary G. Hitch, and is bounded 
northerly on part of the farm set off to said Joseph Bus- 
well and land of E. Dustin, and easterly by lands of said 
Dustin, southerly by land of John Buss, and westerly by a 
public road, leading from the house of the late Joshua Bus- 
well to Lawrence ; the second parcel, containing about four 
and one-half acres, is situated near the line of Lawrence, 
bounded and described, as in deed of Jeremiah Frye to 
Joshua Buswell, recorded in the Essex registry of deeds, 
October twenty-second, in the year eighteen hundred and 
sixteen, be, and the same are hereby authorized to be 
sold aud conveyed, in fee simple, and good and sufficient 
deed or deeds to be given to the purchaser or purchasers, by 
three disinterested persons, to be appointed trustees, from 
time to time, by the judge of probate for said county ; said 
sale and conveyance to be made by said trustees, in such 
manner, on such terms and for such prices, at public or pri- 
vate sale, as they shall deem expedient, and the proceeds to 
be loaned by said trustees, on good and sufficient real estate 
securities, and the interest thereof to be appropriated by them 
for the benefit of said Mary G. Hitch, during the natural lives 
of said Mary G. Hitch and Joseph Buswell; and at the 
decease of either of them, the proceeds invested, to be con- 
veyed, paid, delivered over or disposed of, according to the 
true intent and meaning of the last will and testament of 
their late father, Joshua Buswell, deceased : provided, how- Proviso. 
ever, that such trustees shall first give bonds to said judge, 
faithfully to execute the powers granted by this Resolve. 
{^Approved hy the Governor, March 22, 1854.] 

Resolve on the Petition of Nathan Frye, Trustee. Chap. 27. 

Resolved, For reasons set forth in said petition, that the Tr