Chap. 81. AN ACT TO INCORPORATE THE MERCHANTS' MANUFACTURING COM Corporators. Purpose. PANY, OF FALL RIVER. SECTION 1. James Henry, Robert S. Gibbs, Augustus Chace, their associates and successors, are hereby made a corporation by the name of the Merchants' Manufacturing Company, for the purpose of manufacturing cotton and woolen cloths, or any fabric wholly or in part of cotton, wool, silk, Privileges and re- flax, hemp or jute, in the city of Fall River; and for this purpose shall have all the powers and privileges, and be subject to all the duties, restrictions and liabilities set forth in all general laws which now are or may hereafter be in force, relating to manufacturing corporations. strictions. May hold estate. shares. SECTION 2. Said corporation may hold for the purpose aforesaid, real estate necessary and convenient for its business, to an amount not exceeding five hundred thousand dolCapital stock and lars, and the whole capital stock shall not exceed one million five hundred thousand dollars, divided into shares of one hundred dollars each: provided, however, that said corporation shall not go into operation until five hundred thousand dollars of its capital stock is paid in, in cash. SECTION 3. This act shall take effect upon its passage. Approved March 16, 1867. Proviso. Chap. 82. AN ACT TO INCORPORATE THE MOUNT MINERAL SPRINGS COMPANY, Corporators. Purpose. IN THE TOWN OF shuteSBURY. Be it enacted, &c., as follows: SECTION 1. Charles A. Perry, John C. Perry, Stephen N. Gifford, their associates and successors, are hereby made a corporation by the name of the Mount Mineral Springs Company, for the purpose of purchasing the mineral springs property and erecting the necessary buildings and appurtenances for a public house and for the use of waters of said Duties and liabil- springs in the town of Shutesbury; subject to the duties, liabilities and restrictions applicable thereto in the statutes of the Commonwealth. ities. Capital stock and shares. Estate. Proviso. SECTION 2. The capital stock of said corporation shall not exceed one hundred thousand dollars, in shares of one hundred dollars each; and said corporation may hold real and personal estate not exceeding that amount: provided, that said corporation shall incur no liabilities until twenty-five thousand dollars shall have been unconditionally subscribed for, and forty per cent. thereof paid into its treasury in cash. Approved March 16, 1867. AN ACT TO CHANGE THE NAME OF THE FOXBOROUGH BRANCH RAIL- Be it enacted, &c., as follows: Chap. 83. here designated. SECTION 1. The Foxborough Branch Railroad Company shall take name shall hereafter be known and called by the name of the Mansfield and Framingham Railroad Company. tion in Walpole tural Branch ham. SECTION 2. Said corporation is hereby authorized to May change locachange the location of its railroad in the town of Walpole, and extend to and to extend the same from a point near its present termi- point on Agriculnus in Walpole, through the towns of Walpole, Medfield and road in FramingSherborn, to some convenient point on the Agricultural Branch Railroad in the town of Framingham, and shall be entitled to all the rights, privileges and benefits, and be subject to all the duties and liabilities set forth in the general laws relating to railroad corporations. and use certain SECTION 3. Said corporation may enter with its railroad May unite with upon, unite the same with, and use the Boston and Provi- other roads. dence, both branches of the Boston, Hartford and Erie, the Boston and Worcester and the Agricultural Branch Railroads; and either of the corporations, owning the above- Said roads may named railroads, respectively, may enter with its road upon, use its road. unite the same with, and use the road of the Mansfield and Framingham Railroad Company, with the rights and under the provisions and restrictions set forth in the general laws relating to railroad corporations. connect with and roads at even SECTION 4. Said corporation may cross the Boston and May cross certain Providence, both branches of the Boston, Hartford and Erie, grade. and the Boston and Worcester Railroads at even grade therewith respectively: provided, that nothing in this act con- Proviso. tained shall authorize said Mansfield and Framingham Railroad Corporation to use or interfere with the use of the station buildings of the Boston and Worcester Railroad Corporation or to use any more of its location or grounds than is necessary for a proper and convenient crossing. ital stock. sary estate. SECTION 5. Said corporation is hereby authorized to in- May increase capcrease its capital stock by an amount not exceeding four hundred thousand dollars, which shall be divided into shares of one hundred dollars each. Said corporation may hold May hold necessuch real estate and personal property as may be necessary or convenient for the purposes for which it is incorporated. SECTION 6. The time for the construction of that portion Time for conof the Foxborough Branch Railroad authorized by previous ed. acts, is hereby extended to the twenty-sixth day of April, in the year eighteen hundred and seventy. struction extend construct exten SECTION 7. If said corporation shall not locate the said Shall locate and extension on or before the twenty-sixth day of April, in the sion in certain ity to be void. time, or author- year eighteen hundred and sixty-nine, and construct the same on or before the twenty-sixth day of April, in the year eighteen hundred and seventy, so much of this act as relates to said extension shall be void. SECTION 8. This act shall take effect upon its passage. Chap. 84. AN ACT TO SUPPLY THE TOWN OF EASTHAMPTON WITH PURE WATER. Certain persons made corpora tion. Title and purpose. Be it enacted, &c., as follows: SECTION 1. Horatio G. Knight, Joel L. Bassett, Seth Warner, their associates and successors, are hereby made a corporation under the name of the Easthampton Aqueduct Company, for the purpose of furnishing the inhabitants of Corporate privi- the town of Easthampton with pure water; with all the powers and privileges, and subject to all the duties, restrictions and liabilities set forth in all general laws which now are or may hereafter be in force applicable to such corporations. leges and restric tions. May convey into said town waters May take and hold marginal width. SECTION 2. Said corporation, for the purpose aforesaid, of certain brooks. may take, hold and convey to, into and through said town the waters of Rum Brook and Brandy Brook, so called, rising from springs near the foot of Mount Tom, in said town, and the waters which flow into and from the same, and may take lands of five rods and hold, by purchase or otherwise, such land on and around the margin of said brooks, not exceeding five rods in width, as may be necessary for the preservation and purity of said Also other lands waters; and may also take and hold in like manner such lands as may be necessary for erecting and maintaining dams and reservoirs, and for laying and maintaining conduits, pipes, drains and other works for collecting, conducting and Shall file descrip- distributing said waters through said town. Said corporaregistry of deeds. tion shall, within sixty days from the time of taking any land as aforesaid, file in the registry of deeds for the county of Hampshire, a description of the land so taken sufficiently accurate for identification, and state the purpose for which it is taken. necessary for works. tion of land in May have aqueducts, dams, reservoirs and hydrants, and town. SECTION 3. Said corporation may build aqueducts and maintain the same by any works suitable therefor, may erect supply water to and maintain dams, may make reservoirs and hydrants, and may distribute the water throughout said town by laying down pipes, and may establish the rent therefor. Said corporation may also, for, the purpose aforesaid, carry its pipes and drains over or under any water-course, street, railroad, highway or other way, in such manner as not to obstruct the same, and for like purpose may enter upon and dig up any road, under the direction of the selectmen of the town of Easthampton, in such manner as to cause the least hindrance to the travel thereon. damages sustain SECTION 4. Said corporation shall be liable to pay all shall be liable for damages that shall be sustained by the taking of any land, ed by persons. water or water rights, or by the constructing of any aqueducts, reservoirs or other works for the purposes aforesaid. ration upon dam law respecting If any party who shall sustain damage as aforesaid cannot Party failing to agree with said corporation upon the amount of said dama- agree with corpoges, he may have the same assessed in the same manner as ages may apply is provided by law with respect to land taken for highways; highways. and all damages for the taking of lands for the purposes aforesaid shall be paid by said corporation before entering upon such lands. damages for may SECTION 5. No application shall be made to the county water rights, commissioners for the assessment of damages for the taking not be asked beof any water rights, until the water is actually withdrawn or fore using water. diverted by said corporation. Any person whose water Person may aprights are thus taken or affected, may apply as aforesaid, at ply within year. any time within one year from the time when the water is actually withdrawn or diverted. SECTION 6. The capital stock of said corporation shall not capital stock and exceed fifty thousand dollars, to be divided into shares of shares. one hundred dollars each; and no pecuniary liability shall Proviso. be assumed by said corporation until one-quarter part of its capital stock has actually been paid in, in cash. water or injure poration. SECTION 7. Any person who shall maliciously divert the Penalty if person water, or any part thereof, of the sources of supply which divert or corrupt shall be taken by the said corporation pursuant to the pro- property of corvisions of this act, or who shall maliciously corrupt the same, or render it impure, or who shall maliciously destroy or injure any dam or resorvoir, aqueduct, pipe or hydrant, or other property held, owned or used by the said corporation for the purposes of this act, shall pay three times the amount of the actual damages to the said company, to be recovered in an action of tort; and every such person, on conviction of either of the malicious acts aforesaid, shall be punished by fine not exceeding one hundred dollars, or by imprisonment not exceeding six months. chase franchise SECTION 8. The town of Easthampton may, at any time, Town may purpurchase or otherwise take the franchise of said corporation, and property. and all its corporate property, at such price as may be agreed upon between the parties; and in case the parties cannot agree upon the price, the supreme judicial court, or any justice thereof, upon application of either party, shall appoint three commissioners to award what sum said town shall pay to said company for such franchise and its corporate property, which award shall be final. For cost of property purchased, town may issue water scrip." and payment. SECTION 9. For the purpose of defraying the cost of such property, lands, water and water rights, as shall be purchased for the purpose aforesaid, the town of Easthampton shall have authority to issue from time to time notes, scrip or certificates of debt, to be denominated on the face thereof Amount, interest "Easthampton Water Scrip," to an amount not exceeding fifty thousand dollars, bearing interest payable semi-annually, and the principal shall be payable at periods not more than twenty years from the issuing of the said scrip, notes or certificates respectively; and the said town may sell the same or any part thereof, from time to time, at public or private sale, for the purpose aforesaid, on such terms and conditions as the said town shall judge proper. Said town is further payment of prin- authorized to make appropriations, and assess from time to time such amounts, not exceeding in one year the sum of five thousand dollars, towards paying the principal of the money so borrowed, and also a sum sufficient to pay the interest thereon, in the same manner as money is assessed and appropriated for other town purposes. Town may sell scrip. May assess annually $5,000 for cipal and inter est. Town purchasing franchise may SECTION 10. In case the town of Easthampton shall purappoint officers. chase the property, rights and privileges of the corporation established by this act, said town shall exercise all the rights, powers and authority, and be subject to all the restrictions, duties and liabilities herein contained, in such manner and by such officers, servants and agents as the town shall, from time to time ordain, appoint and direct. And said town shall be liable to pay all damages occasioned by the diversion of any water, or the obstruction of any stream, or the flowing of any lands for the purposes of said aqueduct, which shall not have been previously paid by said corporation. Shall be liable for damages not paid by corporation. SECTION 11. This act shall take effect upon its passage. Chap. 85. AN ACT TO ESTABLISH A DIVIDING LINE BETWEEN THE TOWNS of Boundary defined. EASTHAM AND ORLEANS. Be it enacted, &c., as follows: SECTION 1. The dividing line between the towns of Eastham and Orleans is established as follows: Commencing at the middle of the mouth of Rock Harbor River, thence up the middle of said river to a point opposite a stake standing on the northerly side of said river; thence north sixty degrees east, twenty-six rods and eighteen links to a stone monument marked E. O., standing in the north-east side of the road leading to the mouth of Boat Meadow River; thence same course, fifty-five rods twenty links to a stone monument marked E. O.; thence same course forty-five rods seven and |