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May hold real and personal estate.

subject 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.

SECTION 2. Said corporation may, for the purposes aforesaid, hold real and personal estate, not exceeding in amount Capital stock and forty thousand dollars; and the whole capital stock shall not exceed fifty thousand dollars, to be divided into shares of one hundred dollars each.

shares.

Corporation may

hold and convey into village of town certain

land upon mar

gins.

SECTION 3. Said corporation may purchase, hold and convey to, into and through the village of said town of Lenox, waters, and hold the water of any spring or springs or of any natural pond or ponds within said town of Lenox, and may take and hold real estate necessary for laying and maintaining aqueducts and reservoirs, and may purchase and hold land around the margin of any such spring or pond to an extent not exceedShall file descrip- ing one acre to each spring or pond so taken. Said company shall, within sixty days from the time of taking any lands, ponds or springs, as before provided, file in the office of the registry of deeds in the middle district of the county of Berkshire, a description of the lands, springs or ponds so taken, as certain as is required in a common conveyance of land, and a statement of the purpose for which taken, signed by the president of said company.

tion in registry of deeds.

May make aqueducts, reservoirs and hydrants,

and distribute

SECTION 4. Said corporation may make aqueducts from any sources above mentioned through any part of the town water thro' town. of Lenox, and may maintain the same by suitable works, may make reservoirs and hydrants, and may distribute the water throughout said town and village by laying down May open high- pipes, and may establish the rents therefor. And said correction of select-poration, for the purposes aforesaid, may enter upon and dig up any road, under the direction of the selectmen of the town of Lenox, in such manner as to cause the least hinderance to the travel thereon.

ways under di

men.

Damages sustained, how de

covered.

SECTION 5. All damages sustained by taking land, water termined and re- or water-rights, or by making aqueducts, reservoirs or other works, shall be ascertained, determined and recovered, in the manner now provided by law in case of land taken for highways.

Penalty for malicious diversion

or corrupting of water, or injury

to works or property.

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SECTION 6. Any person who shall maliciously divert the water, or any part thereof, of the sources which shall be taken by said corporation pursuant to the provisions of this act, or who shall corrupt the same, or render it impure, or who shall maliciously destroy or injure any dam, reservoir, aqueduct, pipe or hydrant, or other property held, owned or used by said corporation for the purposes of this act, shall pay three times the amount of actual damage to the said

:

franchise as may

commissioners

corporation, to be recovered by any proper action; and every
such person, on conviction of either of the malicious acts
aforesaid, may be punished by fine not exceeding one hun-
dred dollars, and imprisonment not exceeding six months.
SECTION 7. The town of Lenox may at any time purchase Town may take
or otherwise take the franchise of said corporation, and all be agreed; or as
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 for
such franchise and its corporate property, which award shall
be final.

hall award.

scrip," ɔt ex

more than twen

SECTION 8. For the purpose of defraying the cost of such May issu "water franchise and corporate property as shall be purchased for ceeding $50,000, the purposes aforesaid, the town of Lenox shall have author- payable in not ity to issue, from time to time, notes, scrip or certificates of ty years. debt, to be denominated on the face thereof "Lenox 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 respec

assess certain

tively; and said town may sell the same, or any part thereof, May sell same.
from time to time, at public or private sale, for the purpose
aforesaid, on such terms and conditions as the said town shall
deem proper. Said town is further authorized to make May annually
appropriations and assess from time to time such amounts sum to pay prin-
not exceeding in any one year the sum of five thousand dol- cipal and inter-
lars, 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.

est.

franchise and

appoint officers

SECTION 9. In case the town of Lenox shall purchase the Town purchasing property, rights and privileges of the corporation hereby property, may established, said town shall exercise all the rights, powers to manage. 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 shall be liable for liable to pay all damages occasioned by the diversion of any by corporation. 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.

SECTION 10. This act shall take effect upon its passage.

Approved April 2, 1867.

damages not paid

Chap. 119

Corporators.

Purpose.

strictions.

AN ACT TO INCORPORATE THE WYOMING HOTEL COMPANY. Be it enacted, &c., as follows:

SECTION 1. Charles Copeland, George W. Heath, Daniel Russell, their associates and successors, are hereby made a corporation, by the name of the Wyoming Hotel Company, for the purpose of erecting a public house to be located in Melrose, and maintaining such public house, with the buildPrivileges and re- ings and improvements connected therewith; with all the powers and privileges, and subject to all the duties, liabilities and restrictions contained in all general laws, which now are or may hereafter be in force and applicable to such corporations provided, however, that said corporation shall not carry on the business of keeping a hotel or boarding-house, or be in any way interested in such business.

Proviso.

Capital stock and shares.

SECTION 2. The capital stock of said corporation shall not exceed two hundred thousand dollars, and shall be divided May hold estate. into shares of one hundred dollars each; and said corporation may hold real and personal estate to the value of two hundred thousand dollars, for the purpose mentioned in the first section: provided, however, that said corporation shall not incur any liability until the sum of fifty thousand dollars has been paid in, in cash.

Proviso.

Chap. 120

Corporate functions under act of 1861, revived.

Time for action extended to first

June, 1869.

SECTION 3. This act shall take effect

upon its passage. Approved April 2, 1867.

AN ACT IN RELATION TO THE WINTHROP RAILROAD COMPANY. Be it enacted, &c., as follows:

SECTION 1. All the rights, privileges, liabilities, duties and restrictions granted to or imposed upon the Winthrop Railroad Company, by chapter eighty-nine of the acts of the year eighteen hundred and sixty-one, and all subsequent acts in relation thereto, subject to any modifications made by any general law relating to horse railways, are hereby revived; and the time for accepting, locating and constructing said railroad is hereby extended to the first day of June, in the year eighteen hundred and sixty-nine.

SECTION 2. This act shall take effect upon its passage.
Approved April 2, 1867.

Chap. 121 AN ACT CONCERNING CERTAIN MANUFACTURING CORPORATIONS IN

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THE CITY OF FALL RIVER.

Be it enacted, &c., as follows:

SECTION 1. The Fall River Iron Works Company, the American Print Works, the Granite Mills, the Troy Cotton and Woolen Manufacturing Company, the Fall River Manufactory, the Union Mill Company, the Pocasset Manufacturing Company, the Annawan Manufactory, the Massasoit

Steam Mill, the Watuppa Manufacturing Company, the Fall River Print Works, the Robeson Mills, the American Linen Company, the Durfee Mills and Tecumseh Mills, or so many of the same as shall accept the provisions of this act as provided in section three, the same being manufacturing corporations, engaged in business in the city of Fall River, are hereby authorized and empowered to enter into contract with each other respecting mutual insurance against loss or damage by fire, of the property of each and all of said corporations situated in the city of Fall River; and to adopt such rules and regulations as they may deem just and expedient for this purpose.

formed to report

and pay tax of

annum.

SECTION 2. Said corporation shall annually, on or before Corporation so the second Monday of November, make to the treasurer of assessments to the Commonwealth a return, signed and sworn to by the treasurer of state president and secretary of each of said corporations, of all one per cent. per assessments made by them under the provisions of this act, and shall pay to the treasurer aforesaid a tax of one per cent. per annum on all said assessments. Any one of said corpo- Penalty if comrations neglecting to make the returns and pay the taxes pany fail to comprovided for in this section, shall be liable to the penalties provided in the ninth and eleventh sections of the two hundred and twenty-fourth chapter of the acts of the year eighteen hundred and sixty-two.

ply.

three-fourths of

SECTION 3. This act shall take effect when ten of the cor- Act in force when porations named in the first section shall have accepted the accepted by same by a vote of three-fourths of the stockholders in each, stockholders. at meetings called for that purpose; and any other corpora- Other corporation engaged in manufacturing business in said city of Fall tious may join River, may join said contracting corporations by a vote of three-fourths of its stockholders.

Approved April 2, 1867.

association.

AN ACT MAKING ADDITIONAL APPROPRIATIONS FOR CERTAIN EXPEN- Chap. 122

DITURES AUTHORIZED IN THE YEAR EIGHTEEN HUNDRED AND
SIXTY-SIX, AND PREVIOUS YEARS, AND FOR OTHER PUrposes.

Be it enacted, &c., as follows:

authorized.

SECTION 1. The sums hereinafter mentioned are appropri- Appropriations ated to be paid out of the treasury of the Commonwealth, from the ordinary revenue, except in cases otherwise ordered, for the purposes specified herein, to wit:

LEGISLATIVE DEPARTMENT.

and calendar of

For printing blanks and circulars, and the calendar of Printing blanks orders of the day, for the use of the senate, a sum not exceed- orders, senate ing fifty-nine dollars and ninety cents; and for the use of and house.

Res. 1856, 74.

Stationery, house
Res. 1856, 74.

Books, printing, etc., sergeant-at

the house, a sum not exceeding one hundred and thirty dollars and fifty-eight cents.

For stationery for the house of representatives, purchased by the clerk of the house of representatives, a sum not exceeding one hundred and seventy-five dollars.

For books, stationery, printing and advertising, ordered by arms for legisla- the sergeant-at-arms for the legislature, a sum not exceeding one hundred and twenty-two dollars and twenty-five cents.

ture.

G. S. 14.

Contingents,

senate, house and

capitol.

G. S. 14.

For the contingent expenses of the senate and house of representatives, and necessary expenses in and about the state house, a sum not exceeding four hundred and eighty-eight Restrictions. dollars and twenty-five cents, subject to the restrictions provided for the expenditure of the appropriation for similar expenses for the present year.

Committee on

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salaries, of 1866, expenses.

Repairs and furniture, capitol.

Fuel and lights.

Printing public

For the compensation and expenses of the joint special committee on salaries, of the legislature of the year eighteen hundred and sixty-six, a sum not exceeding three thousand six hundred dollars.

STATE HOUSE.

For repairs, improvements and furniture of the state house, a sum not exceeding three thousand two hundred and fiftyone dollars and forty-three cents.

For fuel and lights for the state house, a sum not exceeding nine hundred and eighty-one dollars and seventy-three cents.

STATE PRINTING.

For printing the public series of documents for the year documents of '66. eighteen hundred and sixty-six, a sum not exceeding three

Publishing bank returns.

Industrial statistics, printing.

Laws of Province

Mass. Bay, pub

ed.

;

thousand dollars.

For the publication of bank returns, a sum not exceeding one hundred dollars.

For printing the abstract of industrial statistics, a sum not exceeding one hundred and thirty-nine dollars and forty-six

cents.

The balance of the appropriation made in accordance with lication; balance the provisions of chapter forty-three of the resolves of the for re-appropriat- year eighteen hundred and sixty-five, relating to the publication of the statutes and laws of the province of Massachusetts Bay, and amounting to two thousand two hundred and seventy-four dollars and five cents, is hereby renewed for the same purpose; said appropriation having expired by limitation of statute.

Board of agriculture, expenses members.

AGRICULTURAL DEPARTMENT.

For the personal expenses of members of the board of agriculture, a sum not exceeding two hundred and five dollars and sixty-three cents.

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