Voters of district same ratio of SECTION 3. A legal meeting of the voters of said fire district shall be called within six months after the passage of this act, for the purpose of having said voters give in their written votes on the question whether they will accept this If by two-thirds, act; and if two-thirds of said votes shall be in the affirmavoters of town to tive, then the selectmen of the town of Adams, shall warn a accept; else void. meeting of the voters of said town, within three months therefrom, for the purpose of having said voters give in their written votes upon the question, whether they will accept this act; and if two-thirds of said votes given upon said question, shall be in the affirmative, then this act shall be in force; otherwise it shall be void. Approved March 2, 1867. PANY. Chap. 55. AN ACT TO INCORPORATE THE MANUFACTURERS' EXCHANGE COMBe it enacted, &c., as follows: Corporators. Location and purpose. SECTION 1. Samuel Batchelder, Nathaniel Harris, James C. Converse their associates and successors, are hereby made a corporation under the name of the Manufacturers' Exchange Company, for the purpose of erecting a building in the city of Boston for the exposition and sale of goods and merchanPrivileges and re- dise, chiefly of New England manufacture; with all the powers and privileges, and subject to all the restrictions and liabilities set forth in all the general laws which are or may be hereafter in force applicable to such corporations: provided, that nothing in this act shall be construed to authorize the said company to buy and sell merchandise in their corporate capacity. strictions. Not to trade in corporate capaci ty. May hold estate. SECTION 2. Said corporation for the purposes aforesaid, may hold real and personal estate necessary and convenient for its business, to an amount not exceeding five hundred thousand dollars, divided into shares of one hundred dollars each: provided, however, that said corporation shall incur ment of capital. no liability until one hundred thousand dollars of its capital stock is paid in, in cash. Shares. Proviso: pay May occupy cer tain lands in Bos of mayor and council. SECTION 3. Said corporation may use and occupy any ton with consent part of the open territory on Fort Hill, so called, known as Washington Square, for said purposes, on such terms and conditions as said city of Boston may prescribe by a vote of the city council with the consent of the mayor of said city. SECTION 4. This act shall take effect upon its passage. Approved March 2, 1867. Chap. 56. In absence of agreement, to be six per cent. AN ACT COncerning THE RATE OF INTEREST. Be it enacted, &c., as follows: SECTION 1. When there is no agreement for a different rate of interest af money, the same shall continue to be at the rate of six dollars upon one hundred dollars for a year, and at the same rate for a greater or less sum, and for a longer or shorter time. terest or discount per cent. to be in SECTION 2. It shall be lawful to contract to pay or reserve Any rate of indiscount at any rate, and to contract for payment and receipt may be made: if of any rate of interest: provided, however, that no greater greater than six rate of interest than six per centum per annum shall be writing for recovrecovered in any action, except when the agreement to pay such greater rate of interest is in writing. SECTION 3. Sections three, four and five of chapter fiftythree of the General Statutes, and all acts and parts of acts inconsistent herewith are hereby repealed. SECTION 4. This act shall not affect any existing contract or action pending, or existing right of action, and shall take effect on the first day of July next. Approved March 6, 1867. ery. a. B. 53, §§ 3, 4, and all incond sistent, repealed. Act not to affect rights existing: to be in force July 1, 1867. AN ACT TO INCORPORATE THE INDEPENDENT INSURANCE COMPANY. Chap. 57. Be it enacted, &c., as follows: SECTION 1. George O.. Hovey, Charles W. Freeland, Corporators. Edward Atkinson, their associates and successors, are hereby made a corporation by the name of the Independent Insur ance Company, in the city of Boston, for the purpose of Location and making insurance against losses by fire, and with authority purpose. to insure against the perils of the sea and other perils usually insured against by marine insurance companies, and to make all and every insurance appertaining to or connected with fire and marine risks and risks of inland navigation and transportation; with all the powers and privileges, and sub- Privileges and reject to all the duties, restrictions and liabilities set forth in all general laws which now are or hereafter may be in force relating to such corporations. strictions. shares. SECTION 2. Said corporation shall have a capital stock of Capital and three hundred thousand dollars, divided into shares of one hundred dollars each. It shall have liberty to pay in and May increase capincrease the said capital stock to an amount not exceeding ital. estate. one million dollars; provided, that any increase of capital is Proviso. paid within three years from the passage of this act; and May hold real with liberty to hold real estate for its own use to an amount not exceeding ten per cent. of the paid up capital stock of said company. give holders of SECTION 3. A majority of the board of the directors of the Directors may ⚫company may, at their discretion, at any time, give the policies right in holders of the policies of the company the right to participate net profits. in the net profits of the company, to such an extent, and in such manner, and upon such terms and conditions as they shall prescribe in their by-laws. Condition prece dent to business. Chap. 58. Shall enter notice of intention in town registry. SECTION 4. Said corporation may commence business when three hundred thousand dollars shall have been subscribed and paid in, in cash. SECTION 5. This act shall take effect upon its passage. AN ACT RELATING TO THE MARRIAGE OF NON-RESIDENT PARTIES. SECTION 1. Persons living without the Commonwealth and intending to be joined in marriage within the Commonwealth, shall, before their marriage, cause notice of their intention to be entered in the office of the clerk or registrar of the city or town in which they propose to have the marCertificate of riage solemnized; and no marriage between such parties same and facts to shall be solemnized until they shall have delivered to the trate or minister justice of the peace, or minister in whose presence the be with magis solemnizing. Justice of peace ty. Penalty for violating this act. marriage is to be contracted, a certificate from such clerk or registrar, specifying the time when notice of the intention of marriage was entered with him, together with all the facts in relation to the marriage required by law to be ascertained and recorded, except those respecting the person by whom the marriage is to be solemnized. SECTION 2. Marriages may be solemnized by a justice of may act in coun- the peace in the county for which he is appointed. SECTION 3. A justice of the peace or minister who joins persons in marriage contrary to the provisions of this act shall forfeit not less than fifty nor more than one hundred dollars. Approved March 11, 1867. Chap. 59. Penalty for hawking, or vending AN ACT FOR THE PROTECTION OF CAMP MEETINGS. SECTION 1. Whoever, during the time of holding any without permis- camp or field meeting, for religious purposes, and within one sion, or engaging mile of the place of holding such meeting, hawks or peddles or show goods, wares or merchandise, or establishes or maintains any within one mile. tent, booth or building for vending provisions or refresh in game, horse race ments, without permission from the authorities or officers having the charge or direction of such meeting, or engages in gaming or horse-racing, or exhibits or offers to exhibit any show or play, shall forfeit for each offence, a sum not Limitation to exceeding twenty dollars: provided, that the powers and privileges herein granted shall be exercised only for a term of not exceeding twelve consecutive days, in any one year; and also provided, that a person having a regular, usual and established place of business within such limits is not hereby required to suspend his business. twelve days. Usual business excepted. SECTION 2. The twenty-second section of the one hundred a. s. 165, § 22 and sixty-fifth chapter of the General Statutes is hereby repealed. repealed: provided, this repeal shall in no wise affect the prosecution of any offence heretofore committed. Approved March 11, 1867. AN ACT TO AUTHORIZE THE TOWN OF MEDFORD TO PROCURE A SUPPLY OF WATER. Be it enacted, &c., as follows: TO PROCURE A Chap. 60. town may supply as shall be agreed with said town. SECTION 1. The city of Charlestown is hereby authorized city of Charlesto supply the town of Medford with water for the extinguishment of fires and for other uses; and for this purpose may erect and maintain such structures as may be requisite and. necessary therefor, and may extend their aqueduct into and through said town of Medford, upon such terms and conditions as may be agreed upon between said city and said town. SECTION 2. The town of Medford is hereby authorized to Town of Medford purchase a supply of water from said city of Charlestown, may purchase. upon such terms as may be agreed upon between said city ures for supply and said town; and may erect and maintain such works and May erect structstructures as may be requisite and necessary for the intro- and distribution. duction of water from the works of said city of Charlestown to the said town of Medford, and the distribution thereof in said town of Medford. take estate; shall SECTION 3. Said city and town may either of them take city or town may by purchase or otherwise and hold any land or real estate be liable for damnecessary for said purposes. Said city of Charlestown shall ages. be liable to pay all damages that shall be sustained by any persons in their property by the taking of any land, water or water rights, or by the constructing of any aqueducts, reservoirs or other works, by said city under authority of this act; and said town of Medford shall be liable to pay all damages that shall be sustained by any persons in their property by the taking of any land, water or water rights, or by the constructing of any aqueducts, reservoirs or other works by said town under authority of this act. And if the Person sustainowner of any land, water or water rights, which shall be apply to superior taken as aforesaid, or other person who shall sustain damage court for assessas aforesaid, shall not agree upon the damages to be paid therefor, he may apply, by petition, for the assessment of his damages, at any time within three years from the taking of the said land, water or water rights, or sustaining damage as aforesaid, and not aftewards, to the superior court in the county in which the same are situate, unless sooner barred, as provided in the fourth section of this act. Such petition Petition for; may be filed in the clerk's office of said court, in vacation or return upon. ing damage may ment. summons and mons. Court may ap point commission award if court accept, shall be final, claimed. in term time, and the clerk shall thereupon issue a summons to the city of Charlestown, or town of Medford, as the case may be, returnable, if issued in vacation, to the then next term of the said court, and if in term time, returnable on such a day as the said court shall order, to appear and Service of sum- answer to the said petition: the said summons shall be served fourteen days at least before the return day thereof, by leaving a copy thereof, and of the said petition, certified by the officer who shall serve the same, with the mayor or clerk of said city, or chairman of the selectmen or clerk of said town; and the said court may, upon default or hearing of the said city or town, appoint three disinterested freeholders of this Commonwealth, who shall, after reasonable unless jury be notice to the parties, assess the damages, if any, which such petitioner may have sustained as aforesaid; and the award of the said freeholdors, or of the major part of them, being returned into and accepted by the said court, shall be final, and judgment shall be rendered and execution issued thereon for the prevailing party, with costs, unless one of the said parties shall claim a trial by jury, as hereinafter provided. SECTION 4. Whenever any damages shall have been sustained by any persons as set forth in the third section of this act, and such persons shall neglect to institute proceedings against said city or town, as the case may be, according to the provisions of this act, for the space of twelve months, it shall be lawful for said city or town, as the case may be, to commence such proceedings, which shall go on and be determined in the same manner as if commenced by the persons who shall have sustained such damage; and if such persons, on and failing to ap receiving due notice, shall not come in and prosecute the proceedings so instituted, judgment shall be entered against them, and they shall be forever barred from recovering any damages under this act. Party sustaining damage and fail ing to claim for twelve months, city or town may enter suit. Party notified pear to be barred recovery. Party dissatisfied determine. SECTION. 5. If either of the parties mentioned in the third may have jury to section shall be dissatisfied with the amount of damages awarded as therein expressed, such party may, at the term at which such award was accepted, or the next term thereafter, claim, in writing, a trial in said court, and have a jury to hear and determine, at the bar of said court, all questions of fact relating to such damages, and to assess the amount Verdict being of thereof; and the verdict of such jury, being accepted and record to be final. recorded by the said court, shall be final and conclusive, and judgment shall be rendered and execution issued thereon, Costs, how recov- and costs shall be recovered by the said parties respectively, in the same manner as is provided by law, in regard to proceedings relating to the laying out of highways. ered. |