be the same as is provided for the recovery of damages in the laying out of highways.

ions relating to

SECTION 7. The provisions relating to railways, contained General provisin the General Statutes, chapter sixty-three, sections twenty- railways to apfour to thirty-five inclusive, and thirty-eight to forty-five in- ply. clusive, shall also extend to said corporation, so far as applicable.

road to cross

SECTION 8. It shall be the duty of the Cape Cod Railroad Cape Cod RailCompany so to alter their location as to cross the said canal canal but once. but once, which crossing shall be at a point to be fixed by the railroad commissioners, in case the railroad company and canal company do not agree upon the same, which they are hereby authorized to do; and in making said alteration they shall have all the powers and privileges, and be subject to all the duties, restrictions and liabilities set forth in all general laws relating to railroads. And the Cape Cod Ship Canal Company shall thereupon proceed to build the railroad upon the new location, and complete the same in such manner and at such time as may be prescribed by the railroad commissioners, and to their satisfaction, in case the parties do not agree upon the same; and shall pay all damages caused by the construction of said railroad on such new location, and shall be liable for such damages as in case of the construction of railroads. And the Cape Cod Ship Canal Company Bridge to be shall also build and maintain a bridge across said canal, suit- Canal Compaable for the passing of the railroad, and also for the passing ny. of the highway, at the point fixed upon as above provided, which said bridge shall have a suitable draw for the passage of vessels; and said canal company shall also provide for such Superintendent drawbridge a steady and discreet superintendent, experienced in the management of vessels, who shall have full control and direction of the passing of vessels through the draw. And railroad passenger trains shall have precedence over vessels, when there is occasion for such trains to pass said bridge.

maintained by

of bridge.

road to be up to

SECTION 9. The Cape Cod Railroad Company shall have Location of railits location, not exceeding five rods in width, upon any land bridge on each owned or located upon by said canal company, up to the said side. bridge, on each side thereof: provided, that all reasonable use Proviso, of said location by the canal company, for the purpose of operating their canal, and under the direction of the railroad commissioners, shall be permitted by the railroad company, without payment of rent to the railroad company.

SECTION 10. The Cape Cod Railroad Company shall, upon Railroad to pay the completion and acceptance by the railroad commissioners terials; value to of the newly constructed railroad and bridge, as above pro- be determinenvided, allow and pay to the Cape Cod Ship Canal Company ers.

Penalty for ob

the value of such iron and other materials as may remain upon that portion of the line of said railroad which is to be given up; such value to be determined by the railroad commissioners, in case the parties do not agree upon the same. And the said canal company shall thereafter take and own the land upon that portion of the line of the railroad which is to be given up.

SECTION 11. Whoever obstructs the superintendent of the intendent per drawbridge, provided for in section eight, in the performance

bridge.

of

-for defacing the bridge, ob

of his duties, shall pay a fine of not less than three nor more than fifty dollars.

SECTION 12. Whoever breaks, defaces or impairs said structing draw, bridge, or any wharf or pier appurtenant thereto, or un

&c.

-for disturbing or hindering

necessarily opens or obstructs the draw without the consent of the superintendent, or, without such consent, makes fast or moors any scow, raft or other vessel to said bridge within wake of the draw, shall pay a fine of not less than three nor more than fifty dollars.

SECTION 13. Whoever wilfully injures or damages said superintendent. bridge, wharf or pier, or wilfully disturbs or hinders the

General provisions relating to

superintendent in the discharge of his duties, shall forfeit for each offence a sum not exceeding one hundred dollars, and be further liable in damages to the Cape Cod Ship Canal Company.

SECTION 14. The provisions relating to drawbridges, condrawbridges to tained in sections seventy-four, seventy-five and seventy-six,

apply.

Ferry at North
Sandwich.

Highways to connect with bridge.

of chapter sixty-three of the General Statutes, and in chapter one hundred and thirty-one of the acts of the year eighteen hundred and sixty-three, shall extend to said bridge, so far as applicable. And the same penalties and forfeitures provided in section six of said last named statute shall also be in force and may be recovered of the Cape Cod Railroad Company, or any engineer, or any superintendent of said bridge, in like manner as therein enacted.

SECTION 15. The Cape Cod Ship Canal Company shall provide and maintain, at North Sandwich and at West Sandwich, at such point as may be designated by the railroad commissioners, a suitable ferry across their canal, for passengers and teams, to be operated under rules to be established by the railroad commissioners.

SECTION 16. The said canal company shall also construct such highways, to connect with the bridge provided for in section eight of this act, as the railroad commissioners shall prescribe; not, however, exceeding one-half mile in length, upon each side of the bridge. And after the completion of such highways, and their acceptance by the railroad commissioners, the said canal company shall not be responsible in any manner for the further maintenance of the same.

ies in Monu

SECTION 17. The said canal company shall also make such Herring fishersuitable provision for the continuance of the herring fishery ment River, &c. in Monument River and Herring Pond as the commissioners on inland fisheries may prescribe; and in case of injury to any private fishery, shall pay to the owner thereof such damages as shall, upon the application of either party, be estimated by said commissioners, in a manner similar, so far as may be, to that provided in laying out highways; and with a similar right of appeal to a jury, by proceedings like those provided for in section six.

sels using ca

SECTION 18. The said corporation may establish, for its Toll upon vessole benefit, a toll upon all vessels or water craft, of whatever nal. description, which may use its canal, at such rates as the directors thereof may determine; and may from time to time regulate such use in all respects as the directors may determine. Said corporation shall also furnish towage through Towage. said canal for all vessels or water craft which require it; for which service it may establish, for its sole benefit, a toll, at such rates as the directors thereof may determine.

evading toll.

SECTION 19. Whoever fraudulently evades or attempts to Penalty for evade the payment of any toll lawfully established under section eighteen of this act, either by misrepresenting the register or draught of any vessel or otherwise, shall pay a fine of not less than fifty nor more than five hundred dollars.

structing ves

SECTION 20. Whoever wilfully and maliciously obstructs Penalty for obthe passing of any vessel or steam-tug or other water craft in sels in canal. said canal, or in any way injures said canal, or its banks, breakwaters, docks, wharves, locks, gates or other structures or works, or anything appertaining thereto, or any materials or implements for the construction or use thereof, or aids or abets in such trespass, shall forfeit to the use of the corporation, for each offence, treble the amount of damages proved to have been sustained thereby, to be recovered in an action of tort in the name of the corporation; and may further be punished by fine not exceeding one thousand dollars, or imprisonment for a term not exceeding one year.

SECTION 21. The capital stock of said corporation shall Capital stock be divided into shares of one hundred dollars each, and the amount of capital stock may be fixed from time to time, by vote of the corporation, not, however, to exceed ten millions of dollars.

and shares.

SECTION 22. Said corporation may, upon being authorized Bonds and by a majority of the votes at any regular meeting of its stock- franchise. holders, or at a meeting called for the purpose, issue bonds,

Not required to pay taxes for

and may secure the same by a mortgage of its franchise, and its real and personal property, then owned or thereafter to be acquired, or any part thereof. And every such mortgage shall be recorded in the registry of deeds for the county of Barnstable. And in case any such mortgage is executed to trustees, then all bonds secured thereby shall also bear the certificate of one or more of the trustees, that the same are so secured, and that the mortgage has been delivered to the trustees and duly recorded. And all the provisions contained in sections one hundred and twenty-four to one hundred and twenty-eight, inclusive, of chapter sixty-three of the General Statutes, shall extend to such mortgage, so far as applicable.

SECTION 23. Said corporation shall not be required to pay two years, &c. any taxes to the Commonwealth, until the canal shall have

Subject to approval of harbor commissioners.

opened for use for two years. And nothing herein contained shall have the effect to render said corporation, or the shareholders therein, liable to local taxation for their property or shares in said corporation until the canal shall have been opened for use for two years.

SECTION 24. All things done under this act shall be subject to the determination and approval of the harbor commissioners, as provided in section four of chapter one hundred and forty-nine of the acts of the year eighteen hundred and sixty-six.

SECTION 25. This act shall take effect upon its passage.
Approved February 26, 1870.

Chap. 37. AN ACT RELATING TO PROBATE COURTS IN THE COUNTY OF

Court changed from South Scituate to Hanover.

Be it enacted, &c., as follows :

PLYMOUTH.

SECTION 1. The probate court heretofore held at South Scituate, in the county of Plymouth, on the fourth Monday of June in each year, shall hereafter be held at Hanover, in said county, on the fourth Monday of June in each year; and all processes and matters returnable to the court at South Scituate, on the fourth Monday of June, may be heard and acted upon at the court herein established.

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

Approved February 28, 1870.

Chap. 38. AN ACT TO REVIVE THE FRAMINGHAM BANK FOR CERTAIN PURPOSES.

Charter revived for disposition

Be it enacted, &c., as follows :

SECTION 1. The corporation heretofore known as the and convey- President, Directors and Company of the Framingham ance of proper- Bank, and located in Framingham, is hereby revived and

continued for the purpose of enabling the president and

directors of said bank, at the time when the same became
an association for carrying on the business of banking under
the law of the United States, to dispose of and convey the
property of said corporation, and for no other purpose.

SECTION 2. This act shall take effect upon its passage.
Approved February 28, 1870.

AN ACT TO INCREASE THE CAPITAL STOCK OF THE DWIGHT MANUFAC-
TURING COMPANY.

Be it enacted, &c., as follows:

Chap. 39.

SECTION 1. The Dwight Manufacturing Company is here- May reduce par

value of shares.

tional shares.

by authorized to reduce the par value of the shares of its
capital stock heretofore issued, to five hundred dollars each;
and also, from time to time, to issue additional shares of its May issue addi-
stock, not exceeding fifteen hundred in number, of the par
value of five hundred dollars each. Said shares to be first
offered to existing stockholders in proportion to their respec-
tive interests; and any shares not so taken shall be disposed
of as the directors of said corporation may determine: pro- No shares to be
vided, however, that no shares shall be issued until the par value has been
value thereof has been actually paid in, in cash; and pro- paid Proviso. in.
vided, further, that no issue of new stock shall be made until
further authorized by a vote of its stockholders at a meeting
called for that purpose.

SECTION 2. This act shall take effect upon its passage.
Approved February 28, 1870.

AN ACT TO INCORPORATE THE WORCESTER TIMES PRINTING AND
PUBLISHING COMPANY.

Be it enacted, &c, as follows:

issued until par

Chap. 40.

SECTION 1. Charles B. Thomas, Isaac Davis, William A. Corporators. Williams, Edwin Conant, Frank H. Kelley, their associates

and successors, are hereby made a corporation by the name Name and purof the Worcester Times Printing and Publishing Company, pose.

for the purpose of printing and publishing newspapers, books,

and doing all kinds of job printing, in the city of Worcester;

with all the powers and privileges, and subject to all the Powers and duduties, restrictions and liabilities set forth in all general laws ties.

which now are or may hereafter be in force relating to such

corporations.

SECTION 2. The amount of the capital stock of said cor- Capital stock poration shall not exceed fifty thousand dollars, and shall be divided into shares of one hundred dollars each; and said corporation may hold real estate for the purposes herein set Real estate. forth to the amount of thirty thousand dollars: provided, however, that said corporation shall not go into operation un