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Company may hold estate.

shares.

SECTION 3. Said corporation may hold real and personal estate to the amount of fifty thousand dollars, and mortgage Capital'stock and and sell the same; and the whole capital stock of said corporation shall not exceed fifty thousand dollars, nor be less than twenty-five thousand dollars, divided into shares of one hundred dollars each: provided, that said corporation shall incur no liabilities until an amount equal to fifty per cent. thereof is subscribed and paid in, in cash.

Proviso.

COMPANY.

Approved May 2, 1867.

Chap. 201 AN ACT CONCERNING THE OLD COLONY AND NEWPORT RAILWAY Be it enacted, &c., as follows:

May, under har

bor commission

over Fort Point Channel.

SECTION 1. The Old Colony and Newport Railway Comers, widen bridge pany is hereby authorized, under the direction of the harbor commissioners, to widen its bridge across Fort Point Channel to a line commencing at a point in the commissioners' line on the northerly side of said channel not exceeding twenty feet, measured on said line, from the intersection of the westerly side of the present bridge with said line, thence running by a curve not exceeding one hundred and twentyfive feet long, and eight hundred and twenty feet radius, to a point in the westerly side of said bridge.

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

Chap. 202 AN ACT TO AUTHORIZE THE TOWN OF WINTHROP TO LOAN ITS CREDIT

May loan 20,000 dollars.

fourths voters to

approve.

TO THE WINTHROP HORSE RAILROAD COMPANY.

Be it enacted, &c., as follows:

SECTION 1. The town of Winthrop is hereby authorized to loan its credit in aid of the Winthrop Horse Railroad Company, to an amount not exceeding twenty thousand Provisos: three- dollars: provided, that three-fourths of the legal voters of said town present and voting at a legal meeting called for that purpose, shall vote to loan the credit of said town as aforesaid; and provided, also, that said town shall take such security for said loan and upon such terms as the selectmen of the town and the directors of said company shall determine.

Shall take security.

Town may raise money by loan, tax or bonds.

SECTION 2. The town of Winthrop is hereby authorized to raise by loan, tax or bonds, a sum of money not exceeding twenty thousand dollars, to be used as provided in the preceding section.

SECTION 3. This act shall take effect upon its passage.
Approved May 2, 1867.

AN ACT RELATING TO returns oF SAVINGS BANKS.

Be it enacted, &c., as follows:

Chap. 203

ments required

SECTION 1. In addition to the statements now required Additional statein the annual returns of savings banks and institutions for in annual return. savings, each treasurer thereof shall state the number and amount of deposits received; the number and amount of deposits received of and exceeding three hundred dollars at one time; the number and amount of withdrawals; the number of accounts opened; the number of accounts closed, and the amount of surplus on hand, severally, for the year included in the returns.

SECTION 2. Blank forms of the annual returns shall be Secretary of state furnished to every such corporation by the secretary of the to furnish forms. Commonwealth.

SECTION 3. This act shall take effect upon its passage.

*Approved May 2, 1867.

AN ACT TO REPEAL ALL LAWS REQUIRING THE SEALING OF MILK CANS. Chap. 204 Be it enacted, &c., as follows:

All acts and parts of acts which require the sealing of Repeal. cans in which milk is transported or sold, are hereby repealed.

Approved May 2, 1867.

AN ACT IN ADDITION TO AN ACT CONCERNING THE DIVISION OF FLATS.
Be it enacted, &c., as follows:

Chap. 205

rights to or upou

tled under ch.

SECTION 1. Persons having received grants from the legis- Grantees of lature of any flats of the Commonwealth lying between their hats from own outer lines of property and any harbor lines there established, buttorines may or grants from the legislature of rights to build upon any have bounds setsuch flats of the Commonwealth, may have the lines and 306, 1861. boundaries of their respective rights settled in the manner provided by chapter three hundred and six of the acts of the year eighteen hundred and sixty-four, subject to the exception therein as to the rights and title of the Commonwealth.

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

AN ACT IN ADDITION TO AN ACT CONCERNING THE QUALIFICATIONS Chap. 206

Be it enacted, &c., as follows:

OF ELECTORS.

added to list in

tified by city

The name of no person shall be added to the voting lists Name of voter, if in any city of this Commonwealth after the lists have been hands of ward placed in the hands of the ward officers, unless the qualifica- officer, to be certions of said person as a voter shall have been determined by clerk as herein. the mayor and aldermen, at some meeting held previous to the opening of the polls; such fact to be verified by the certificate of the city clerk. Approved May 2, 1867.

Chap. 207 AN ACT IN ADDITION TO AN ACT TO INCORPORATE THE MARSHPEE

May use its real estate as directors may deem of ser

MANUFACTURING COMPANY.

Be it enacted, &c., as follows:

SECTION 1. The Marshpee Manufacturing Company is hereby authorized to use any part of the real estate which by vice to Indians its act of incorporation it is authorized to hold for any purposes which, in the opinion of the directors of said company, will promote industry and furnish employment among the Indians and people of color in Marshpee.

and people of color.

Chap. 208

Corporators.

May supply water

to towns of Mel

rose, Malden and

Medford.
Corporate powers

and liabilities.

May convey waters of Spot Pond through

Stoneham, Mel

SECTION 2. This act shall take effect upon its passage.

Approved May 4, 1867.

AN ACT TO INCORPORATE THE Spot pond WATER COMPANY. Be it enacted, &c., as follows:

SECTION 1. Samuel E. Sewall, Daniel W. Gooch and George W. Heath, of Melrose, Elisha S. Converse, J. H. Abbott and George P. Cox, of Malden, and James O. Curtis, Charles V. Bemis and Benjamin F. Hayes, of Medford, their associates and successors, are hereby made a corporation by the name of the Spot Pond Water Company, for the purpose of supplying the inhabitants of said Melrose, Malden and Medford, with pure water; with all the powers and privileges, and subject to all the restrictions, duties and liabilities set forth in the general laws which are now or may hereafter be in force relating to such corporations, so far as they may be applicable.

SECTION 2. Said corporation may take, hold and convey through the town of Stoneham, so far as may be necessary, rose, Malden and and to, into and through the said towns of Melrose, Malden and Medford, the waters of Spot Pond, so called, situate in the towns of Stoneham and Medford, and the waters which flow into and from the same.

Medford.

Capital stock and shares.

estate.

May hold land for works.

SECTION 3. The capital stock of said company shall not exceed three hundred thousand dollars, to be divided into Real and personal shares of one hundred dollars each; and said company may hold real and personal estate not exceeding in amount one hundred thousand dollars, and may also take and hold, by purchase or otherwise, such land as may be necessary for erecting and maintaining dams and reservoirs, and for laying and maintaining conduits, pipes, drains, and such other works as may be necessary for the purity and preservation of said waters, and for collecting, conducting and distributCondition of en- ing the same as herein provided. But said company shall not enter upon or use, for the purpose herein specified, the land of any person, or take water from said pond, until thirty thousand dollars in cash have been paid in upon the capital stock of said corporation.

try upon land of person, or of taking water.

file description of

SECTION 4. Said company within sixty days after the Company shall taking of any of the land aforesaid, shall file in the registry land in registry of deeds for the county of Middlesex a description thereof, of deeds. sufficiently accurate for identifying the same.

ducts in any part

in Melrose, Mal

SECTION 5. Said company may make aqueducts, from the May make aquesource above mentioned, through any part of the towns of said towns, aforesaid, and may maintain the same by suitable works, and supply water may make reservoirs and hydrants, and may distribute the den and Medford. water throughout said towns of Melrose, Malden and Medford by laying down pipes, and may establish the rents therefor. And the said company, for the purposes aforesaid, May, under semay enter upon and dig up any road, under the direction of the selectmen of said towns respectively, in such manner as to cause the least hindrance to the travel thereon.

lectmen, dig up roads.

for to be heard as

SECTION 6. All claims for damages sustained by taking Damages: claims land, water or water-rights, or by making aqueducts, reser- in case of land voirs or other works, shall be ascertained, determined and for highways. recovered, in the manner now provided by law in case of land taken for highways, except that the complaint may be filed within three years after said taking.

vert or corrupt

property.

SECTION 7. Any person who shall maliciously divert the Penalty if person water, or any part thereof, of the sources which shall be maliciously ditaken by said corporation, pursuant to the provisions of this water or injure 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 the said company for the purposes of this act, shall pay three times the amount of actual damage to the said company, 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 hundred dollars, and imprisonment not exceeding six months.

rose, Malden and

within 15 years,

ty for sum of

interest.

SECTION 8. The said towns of Melrose, Malden and Towns of MelMedford, or any two of them, in case the remaining town Medford, or declines to participate in said purchase, may, at any time either two, may, within fifteen years from the time this act takes effect, pur- purchase properchase the franchise of said corporation and all its corporate cost and 10 per property by paying therefor the amount expended for the cent, per annum construction, maintenance and repairs of said water works, and all necessary incidental expenses, together with interest thereon, at the rate of ten per centum per annum, less the amount derived therefrom, with interest thereon at the rate aforesaid. And in case the said towns cannot agree as to Towns failing to the portion of said amount to be paid by each, the supreme sioners by S. J. judicial court, or any justice thereof, upon application of pay.

agree, commis

court may award

Towns purchas-
ing may issue
"water scrip,"
payable in not
more than
twenty years.

either town, so purchasing, shall appoint three commissioners to award the amount so to be paid by each, which award shall be final.

SECTION 9. For the purpose of defraying the cost of such franchise and corporate property as shall be purchased for the purposes aforesaid, each of the towns, so purchasing, shall have authority to issue, from time to time, notes, scrip or certificates of debt, to be denominated on the face thereof "Spot Pond Water Scrip," to an amount not exceeding the proportion payable by each such town, bearing interest payable semi-annually, and the principal shall be payable at periods not more than twenty years from the issuing of the May sell as shall said scrip, notes or certificates respectively; and such 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 such town shall deem proper. And exceed $5,000 in each of such towns, so purchasing, is further authorized to make appropriations and assess from time to time, such amounts, not exceeding in any 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.

deem proper.

May assess for

payment, not to

one year.

Towns purchas

ing shall have

ties by agents they may ap

point.

SECTION 10. In case the towns of Melrose, Malden and powers and du- Medford, or any two of them, shall purchase the property, rights and privileges of said company, said towns so purchasing, 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 said towns shall, respectively, from time to time, ordain appoint and direct. And said towns 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, for which said company might be legally liable; the amount payable by each town to be determined in the same manner as provided in the eighth section of this act for determining the amount payable by such town for the purchase of the franchise and corporate property therein mentioned.

Damages, liability of towns for.

Payment, how determined.

Company shall observe water marks.

S. J. Court, on application, to

appoint commis

SECTION 11. Said company shall not at any time draw the waters of said pond below low-water mark.of said pond, nor raise them above high-water mark.

SECTION 12. A commission of three persons shall be appointed by the supreme judicial court, or any justice thereof, on application of said company, or of any party in points of rise and interest, who shall, at the cost and expense of said company,

sion to erect monuments at

fall of water.

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