Слике страница
PDF
ePub

HOUSE.....No. 66.

Commonwealth of Massachusetts.

In the Year One Thousand Eight Hundred and FortyEight.

AN ACT

To incorporate the Hadley Falls Company.

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows:

1 SECT. 1. Thomas H. Perkins, George W. Lyman, 2 Edmund Dwight, their associates and successors, are 3 hereby made a corporation, by the name of the Hadley 4 Falls Company, for the purpose of constructing and 5 maintaining a dam across the Connecticut River, and 6 one or more locks and canals in connection with the

7 said dam,—and of creating a water-power, to be used 8 by said corporation for manufacturing articles from 9 cotton, wool, iron, wood, and other materials, and to 10 be sold, or leased, to other persons and corporations, 11 to be used for manufacturing or mechanical purposes, 12 and also for the purposes of navigation; and shall have 13 all the powers and privileges, and be subject to all the 14 duties, liabilities, and restrictions, set forth in the 15 thirty-eighth and forty-fourth chapters of the Revised 16 Statutes.

1 SECT. 2. Said corporation may hold real estate not 2 exceeding in value five hundred thousand dollars, ex3 clusively of improvements; and their whole capital 4 stock shall not exceed four millions of dollars, which 5 shall be divided into shares of one thousand dollars 6 each.

1

SECT. 3. Said corporation is hereby authorized 2 and empowered to construct and maintain a dam 3 across said river at South Hadley, at any point be4 tween the present dam of the proprietors of the locks 5 and canals on Connecticut River, and the lower locks 6 of said proprietors, and of a height sufficient to raise 7 the water to a point not exceeding the present level 8 of the water above said last-mentioned dam; and the 9 Hadley Falls Company, for the purpose of making said 10 dam, and constructing said canals, may take, occupy, 11 and enclose, any lands necessary therefor, and also 12 any lands adjoining said canals, and locks, and dam, 13 which may be necessary for building and repairing the 14 same, for towing-paths, and other necessary purposes, 15 not exceeding fifty feet on each side of said canals and 16 locks, or one hundred feet on one side thereof.

1 SECT. 4. Said corporation shall make and main2 tain, in connection with their dam, suitable and reason3 able fishways for the passage of fish, and such as shall 4 be deemed satisfactory by the county commissioners of 5 the county of Hampden; who shall, on application to 6 them by said corporation, prescribe the mode of con7 structing the same; and said commissioners shall ac8 cept the same whenever the said fishways shall have 9 been made in form and manner so prescribed by them: 10 provided, that the Hadley Falls Company shall be ex11 cused from making and maintaining said fishways, if 12 the said company shall pay such damages to the own13 ers of the present fishing rights existing above the 14 dam which the said company is herein empowered to 15 construct, as may be awarded by the county commis16 sioners of the counties in which said rights exist.

1 SECT. 5. The Hadley Falls Company may, at any 2 time, apply to said county commissioners, to proceed 3 to ascertain and determine the damages to said fishing 4 rights; and, on such application, the said county com5 missioners shall appoint a time and place of meeting, 6 to hear the parties interested, by advertising the same 7 in one or more newspapers published in the counties 8 of Hampshire and Franklin, four weeks, at least, pre9 viously to the day fixed for said meeting; and the said 10 commissioners shall determine and award the damages 11 to the said fishing rights, within sixty days from the 12 date of said application to them for that purpose.

1 SECT. 6. Any person, who shall be damaged in his 2 property by said corporation, by the construction of 3 said dam, canals, and locks, or tow-paths, through his

4 lands, or in any other way in carrying into effect the 5 powers hereby granted, shall, in all cases where reme6 dies are not provided by law,—unless said corporation 7 shall, within thirty days after request in writing, pay, 8 or tender, to said person, compensation therefor,—have 9 the same remedies as are provided by law for persons 10 damaged by railroad corporations.

1 SECT. 7. For the purpose of reimbursing said cor2 poration, in part, for the cost of keeping said locks and 3 canals in repair, and tending the same, it shall be law4 ful for them, with the consent of the proprietors of the 5 locks and canals on Connecticut River, to charge, on 6 all descriptions of merchandise, boats, and rafts, the 7 same rates of toll as are allowed by law to the said 8 proprietors for similar service.

1

SECT. 8. It is not intended hereby to empower 2 the Hadley Falls Company to injure the works of the 3 Connecticut River Railroad Company; and all ques4 tions which may arise between them, under the pro5 visions of this act, may be adjusted according to the 6 mutual agreements already existing, or hereafter to be 7 made, by said companies.

HOUSE.....No. 66.

SUPPLEMENT TO HOUSE No. 66.

Commonwealth of Massachusetts.

An amendment, moved by Mr. Corliss, of Lowell, to the bill to incorporate the Hadley Falls Company, and adopted by the House, viz., to insert the following as the 4th section of the bill:

1

SECT. 4. The said corporation shall construct and 2 forever maintain, on the westerly side of said river, 3 around South Hadley Falls, in said river, such canals 4 and locks as shall be necessary for the passage of 5 boats, rafts of wood and lumber, masts and floats of 6 timber; the locks to be not less than twenty feet in 7 width and ninety feet in length; said locks and canal 8 shall be so constructed and maintained, that there 9 shall be easy, safe, and convenient passage through, 10 access to, and egress from, the same; said canal shall 11 have a suitable and convenient tow-path on one side, 12 for its whole length; and said locks shall be tended 13 by suitable keeper or keepers, and opened at all rea14 sonable times for passage, as aforesaid.

« ПретходнаНастави »