May issue policies upon con SECTION 2. Said corporation is authorized to make and ditions agreed issue policies of insurance against loss or damage caused by upon. Capital stock and shares. ness. the breaking of plate and other glass or mirrors, upon such rates and conditions as may be specified in the agreement or policy of insurance between the said corporation and the respective parties obtaining such insurance. SECTION 3. Said corporation shall have a capital stock of one hundred thousand dollars, to be divided into shares, the When may busi. par value of which shall be one hundred dollars each; and may commence business when fifty thousand dollars of its capital stock shall have been subscribed for and paid in in cash; and the balance of said one hundred thousand dollars shall be paid in within one year from the time when said corporation shall commence business. Chap. 35. Territory in SECTION 4. This act shall take effect upon its passage. AN ACT TO INCORPORATE THE TOWN OF NORFOLK. Be it enacted, &c., as follows : SECTION 1. All the territory now within the towns of Wrentham, Franklin, Medway and Walpole, in the county of way and Wal- Norfolk, comprised within the following limits, that is to say: potoesta of Nerd beginning at a point on Charles River, in the north-west angle folk. established of Wrentham, and following in an easterly course the present line of division between Wrentham and Medfield to Stop River; thence running southerly along said river, and separated by the thread of its stream from Walpole, to a point forty rods north of the mouth of the first brook running into said river, below Campbell's Mills, on the easterly side; thence from said point, by a straight line, running to the junction of Back and Bird streets, in Walpole; thence to the easterly side of said Bird street to its junction with West street; thence westerly by the northerly side of West street, twentyfive rods; thence southerly and near to and westerly from the barn belonging to the home estate of Charles Bird, until said line strikes Stop River, one hundred and twenty rods southerly from West street; thence along said river as far as Wrentham and Walpole are separated by the thread of its stream; thence by a straight line, running westerly of the Walpole almshouse and easterly of the farm buildings of Patrick Reardon, and easterly of the Dupee Blake place, so called, to a point on the line between Walpole and Foxborough, one hundred and twenty-five rods north-easterly from Dedham Rock; thence from said point, following the present line of division, between Wrentham and Foxborough, to Dedham Rock; thence southerly from said rock along the present line of Wrentham and Foxborough to a point on said line on the southerly side of Pine street; thence by a straight line to a point on the westerly side of Everett street, northerly of the house of Edmund T. Everett, and southerly of the Pondville cemetery, to a point on the westerly side of North street, five rods southerly of the farm buildings of Samuel J. Benn; thence through the Stony Brook reservoir, near to the house of E. S. Nash, to a point on the line between Franklin and Wrentham, ninety rods southerly of the house late of Eliphalet Lawrence; thence running northerly, by a straight line, near to and west of the farm buildings of the home estate of J. E. Pollard, near the Elliot Felting Mills, near to and thirty-five rods west of the present residence of Saul B. Scott, to the southern extremity of Populatic Pond; thence along the western shore of said pond, at low-water mark, to Charles River; thence in an easterly course upon Charles River, and separated by the thread of its stream from Medway to the centre of the iron bridge over said river; thence upon the thread of said river to the bridge of the Medway branch railroad; thence along the southerly side of said railroad, twentyeight rods, to a point; thence from said point, by a straight line running in a north-easterly course, passing south-easterly of and near to the village of Deanville, near to and south of the old barn belonging to John Barber, to a point on Baltimore street, two rods from said barn; thence by a straight line to the easterly side of the great bend in Charles River and near the old fording place; thence upon said river, and separated by the thread of its stream, from Medway to the point of beginning ;-is hereby incorporated into a town by the name of Norfolk; and said town of Norfolk is hereby Powers and duinvested with all the powers, privileges, rights and immunities. ties, and is subject to all the duties and requisitions to which other towns are entitled and subjected by the constitution and laws of this Commonwealth. State and coun paid, &c. SECTION 2. The inhabitants of said town of Norfolk shall Taxes: town, be holden to pay all arrears of taxes, which have been legally ty, how to be assessed upon them by the towns of Wrentham, Franklin, Medway and Walpole, respectively; and all taxes heretofore assessed and not collected, shall be collected and paid to the treasurers of the towns of Wrentham, Franklin, Medway and Walpole, respectively, 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 Norfolk shall annually pay over to the said towns of Wrentham, Franklin, Medway and Walpole, respectively, the proportion of any state or county tax which the said towns of Wrentham, Franklin, Maintenance of paupers. School-houses, town debts, &c. Representa Medway and Walpole, respectively, may be required to pay, upon the inhabitants or estates hereby set off; said proportion to be ascertained and determined by the respective valuations of the said towns of Wrentham, Franklin, Medway and Walpole, next preceding the passage of this act. SECTION 3. Said towns of Wrentham, Franklin, Medway, Walpole and Norfolk, shall be respectively liable for the support of all persons who now do, or shall hereafter stand in need of relief as paupers, whose settlement was gained by or derived from a settlement gained or derived within their respective limits. SECTION 4. The towns of Wrentham, Franklin, Medway, Walpole and Norfolk shall retain the school-houses within their respective limits, and the town of Norfolk shall assume and pay its just and equitable proportions, according to its present assessed valuation, of any debt due or owing from the towns of Wrentham and Franklin, respectively, at the time of the passage of this act, and shall be entitled to receive from said towns, respectively, its just and equitable proportion, according to said assessed valuation, of all the corporate property then owned by said towns of Wrentham and Franklin, respectively, including therein the schoolhouses retained by said Wrentham, Franklin and Norfolk, respectively; and said town of Norfolk shall be held to refund to said towns of Wrentham and Franklin, respectively, its just proportion of the surplus revenue, whenever the same shall be called for according to law; such proportion to be determined by the decennial state valuation next preceding such call. And in case the proportions aforesaid cannot be agreed upon by said towns of Norfolk, Wrentham and Franklin, respectively, the same shall be determined by three commissioners, to be appointed by the superior court for said county of Norfolk, upon a petition of either of said towns. SECTION 5. The territory of the town of Norfolk, heretoeral courte gen fore part of the towns of Franklin and Walpole, for the purpose of electing representatives to the general court until the next decennial census, or until another apportionment be made, shall remain a part of said towns of Franklin and Walpole, respectively, and vote therefor at such places, respectively, as the said towns shall vote; and the selectmen of Norfolk shall make a true list of all persons within their town, qualified to vote at every such election, and shall post up the same in said town of Norfolk, and shall correct the same as required by law, and shall deliver a true list of all such voters as are entitled to vote in said towns of Franklin and Walpole, respectively, to the selectmen thereof, seven days at least before such election, to be used thereat. And the territory of the town of Norfolk, heretofore part of the towns of Wrentham and Medway, until another apportionment be made, shall, for the purpose of electing representatives to the general court, remain a part of the twelfth Norfolk representative district, and vote for the same in the town of Norfolk; and the clerk of the town of Norfolk shall make returns and meet with the clerks of the towns of Foxborough, Medway and Wrentham for the purpose of ascertaining the result of the election and making certificates of the same at the time and place now provided for said meeting by law; and the territory of said town of Norfolk, until le- Congressional, gally changed, shall, for the purpose of electing a represent- senatorial disative in congress, continue to be part of congressional district trict. numbered eight: and for the purpose of electing a councillor, part of the second councillor district; and for the purpose of electing a senator, a part of the third Norfolk district. councillor and choice of town SECTION 6. Any justice of the peace within and for the Meeting for county of Norfolk, may issue his warrant, directed to any officers. principal inhabitant of the town of Norfolk, requiring him to notify and warn the inhabitants thereof, qualified to vote in town affairs, to meet at the time and place appointed for the purpose of choosing all such town officers as towns are by law authorized and required to choose at their annual meetings; and said warrant shall be served by posting up copies thereof, attested by the person to whom the same is directed, in three public places in said town, seven days at least before such meeting. Such justice, or, in his absence, such principal inhabitant, shall preside until the choice of moderator in said meeting. The selectmen of the towns of Selectmen to Wrentham, Franklin, Medway and W alpole shall, before said prepare lists of meeting, prepare a list of voters from their respective towns within said Norfolk, qualified to vote at said meeting, and shall deliver the same to the person presiding at said meeting before the choice of a moderator thereof. SECTION 7. This act shall take effect upon its passage. AN ACT TO INCORPORATE THE CAPE COD SHIP CANAL COMPANY. voters. Chap. 36. SECTION 1. Alpheus Hardy, Thomas Russell, Henry H. Corporators. Sturgis, Charles Allen, James Hoy, Arthur G. Bradbury, ties. Powers and du- of the Cape Cod Ship Canal Company; with all the 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 relating to railway corporations, so far as they may be applicable, except as hereinafter provided. May construct a ship canal. Width of canal, location, &c. May take land, &c. Damages to be determined by county commis sioners. -to be estimamated as in laying out highways. Parties aggrieved may SECTION 2. Said corporation may locate, construct, maintain and operate a ship canal, beginning at some convenient point in Buzzard's Bay, and running through the town of Sandwich to some convenient point in Barnstable Bay; together with all such breakwaters, wharves, docks, locks, gates and other structures and works as may be necessary for the convenient using of said canal; and in connection therewith may maintain and operate steam tugs, or use any other suitable means or methods for assisting vessels in their approach to and passage through and from the canal. SECTION 3. Said corporation may lay out its canal not exceeding one thousand feet wide, and shall file the location thereof within one year with the county commissioners of Barnstable County, defining the courses, distances and boundaries thereof; and said canal shall be commenced within two years, and shall be completed within seven years from the passage of this act. SECTION 4. Said corporation may purchase or otherwise take land or materials necessary for making or securing its canal, and for breakwaters, docks, wharves, locks, gates or other structures and works referred to in section two. If not able to obtain such land or materials by agreement with the owner, it shall pay such damages therefor as the county commissioners estimate and determine. SECTION 5. Said corporation shall pay all damages occasioned by laying out and making and maintaining its canal, or by taking any land or materials, as provided in section four; and such damages shall, upon the application of either party, be estimated by the county commissioners, in the manner provided in laying out highways; and the residence of one of said commissioners in the town of Sandwich shall not disqualify him from acting under the provisions of this act; and when it is intended to take land or materials, application may be made before the actual taking or appropriation thereof. SECTION 6. Either party, if dissatisfied with the estimate apply for a jury. made by the commissioners, may at any time within one year after it is completed and returned, apply for a jury to assess the damages. Upon such application, the prevailing party shall recover legal costs, and the proceedings thereon shall |