than is allowed by said committee, or if any person, or persons, with any such vessel, boat, or craft, shall be detected in taking, or in attempting to take, any of the said fish, in any manner different from the regulations of said committee, or with seines, nets, or other instruments, of a kind or size different from that established by the said committee, it shall be the duty of such committee, or either one of them, and they are hereby authorized to seize such vessel, boat, or craft, seine, or other instruments, and detain the same, not exceeding forty-eight hours, in order that the same may be attached or arrested by due process of law, and made answerable for said fines and forfeitures incurred, with costs of suit. disposed of. SECTION 6. All fines and forfeitures, incurred under this Fines, &c., how act, shall go, one half to the said towns of Dennis and Yarmouth, and the other half to the persons who shall prosecute for the same, excepting that, when the said committee, or either one of them, shall prosecute, then the forfeitures shall accrue wholly to the said towns, to be recovered by complaint before a justice of the peace, or any court competent to try the same. SECTION 7. All laws heretofore passed, regulating the Repeal. fisheries in either of the towns of Dennis and Yarmouth, which are inconsistent with the provisions of this act, are hereby repealed, excepting that a fish committee, which may be chosen the present year, under the provision of any existing law, shall be considered the committee of such town under the operation of this act. SECTION 8. This act shall take effect from and after its passage. March 16, 1849. [1841, 97.] AN ACT to alter the Name of the Hopkinton High School. Be it enacted, &c., as follows: Chap. 38. The Hopkinton High School hereafter shall be called and To take the name known by the name of the Hopkinton Academy. March 16, 1849. AN ACT ceding to the United States Jurisdiction over a lot of Land in the Town of Truro. Be it enacted, &c., as follows: of Hopkinton Academy. Chap. 40. land ceded. SECTION 1. Jurisdiction is hereby granted to the United Description of States, in and over a certain lot or parcel of land, situate in the town of Truro, on the north side of Pamet Harbor, for the purpose of erecting a light-house on the same, bounded as follows, to wit: commencing at a stake at the southerly end of the salt works, thence, running north eleven degrees, west, two hundred and forty feet, to a stake, thence turning and running west twenty-two degrees south, one hun Proviso. dred and twenty-eight feet to the sea-shore; thence turning and running on the sea-shore two hundred and fifty feet to a stake; thence, turning and running one hundred and fifty feet to the stake first mentioned; containing about three-fourths of an acre: provided, that this Commonwealth shall retain, and does hereby retain, concurrent jurisdiction with the United States, in and over said land, so far as all civil and criminal processes issued under the authority of this Commonwealth, or any officer thereof, may be executed on any part of said land, or in any building which may be erected on the same, in the same way and manner as if jurisdiction had not been granted as aforesaid. SECTION 2. This act shall take effect from and after its passage. March 17, 1849. [1809, 86.] Chap. 42. AN ACT to incorporate the Trustees of the School Funds, in the Town of Chicopee. Trustees. Be it enacted, &c., as follows: SECTION 1. James T. Ames, Adolphus G. Parker, and Ezekiel Blake, all of the town of Chicopee, and their successors, are hereby constituted a body corporate, by the name of the Trustees of the School Funds, in the Town of Powers and du- Chicopee, with all the powers and privileges, and subject to all the liabilities, provided in the forty-fourth chapter of the Revised Statutes. ties. Town may elect two more trustees. cause, and fill vacancies. SECTION 2. The inhabitants of said town may, if they shall determine it to be expedient, at any meeting legally called for such purpose, elect two other persons, inhabitants of said town, to be added to the number of said trustees. May remove for Said inhabitants may also, at any meeting duly called therefor, remove any of said trustees, who may, from age, infirmity, misconduct, or absence, become unfit or incapable to discharge the duties of said trust; and they may, from time to time, fill up, from the inhabitants of said town, any vacancy, in the number of said trustees, which may happen, by death, resignation, removal, or otherwise. One of the trustees to be treasurer. Bond. What funds trustees to manage. 1848, 233. SECTION 3. Said trustees shall, from time to time, appoint one of their number to act as treasurer, who shall, before entering upon the duties of his office, give bond to said trustees, with sufficient sureties, faithfully to discharge all the duties of his said office, and to account for all moneys which may come into his hands by virtue of the same. SECTION 4. The portion of the school funds heretofore vested in the "Trustees of the School Funds in the Town of Springfield," which said town of Chicopee is entitled to receive by virtue of an act of the legislature, passed April twenty-ninth, in the year one thousand eight hundred and forty-eight, dividing said town of Springfield and incorporating said town of Chicopee from a part thereof, and of the award of commissioners, appointed under the provisions of said act to divide said funds between said towns, shall be vested in said Trustees of the School Funds in the town of Chicopee, who shall be entitled to receive, manage, and hold the same, for the uses and purposes hereinafter named. Said trustees may also receive any gift, grant, bequest, or what additions devise of real or personal estate; and any funds which may be specially appropriated by said town, for the use of schools therein, and which said town shall direct to be intrusted to the care of said trustees; and they may hold, manage, and improve the same, in trust, for the maintenance of schools, in said town, according to the provisions hereinafter made. to funds. SECTION 5. Such of the lands belonging to said town of Lands to be sold Chicopee as the town may, at any time, direct to be sold for use of schools. for the use of schools in said town, or shall authorize said trustees to hold or dispose of, and also the income or proceeds of sales of lands, appropriated by said town, for the use of schools, shall become and be vested in said trustees. and their successors; and said trustees are hereby author- Trustees to sell ized and empowered to sell and convey the whole, or any and convey. part, of the lands so vested in them, and also any other lands held by them, a conveyance of which shall not be inconsistent with the terms or intent of the original gift, grant, or devise of the same, to said trustees; and to make and execute a good and sufficient deed, or deeds, thereof, which, subscribed by their treasurer, by direction of said trustees, with their seal affixed, and by him duly acknowledged, shall be effectual, in law, to pass and convey all the right of said town, or of said trustees, in and to said land, to the purchaser thereof, to all intents and purposes what ever. secured. SECTION 6. All such funds and moneys as said trustees Funds, how to be may acquire and receive, as herein before provided, or in any other way whatever, shall, as soon as may be, be put at interest, secured by sufficient mortgages of real estate, or by two or more sufficient sureties, besides the principal debtor, or invested in dividend-paying stocks; and the whole Income to be paid annual interest and income thereof, together with the whole to town treas income of such other estate, real or personal, as said trus- of schools. tees may hold, shall be paid over, yearly, by them to the treasurer of the town of Chicopee, for the time being, to be by him paid out for the benefit and support of the public schools in said town, in such proportions to the several school districts as the said town shall direct. urer, for benefit SECTION 7. The said fund shall always be held and Fund solely for deemed to be inalienable, and no part thereof shall be used school purposes. to trustees, &c. or applied to any other purpose than the support of schools No compensation in said town. And the said trustees, their officers, agents, or attorneys, shall never receive any compensation for any services performed under this act, or in relation to said trust, from any part of said fund. Trustees answerable personally. To keep a record Annual report. SECTION 8. Each of said trustees shall be personally answerable to the inhabitants of said town, in a special action on the case, for any neglect or misconduct in relation to said trust. SECTION 9. The said trustees shall cause to be kept a of their doings. fair record of their proceedings, which shall at all times, be open for inspection by the officers of said town. They shall also make and exhibit to the town, at their annual meeting for the choice of town officers, a yearly report of their doings in relation to said trust, together with a full and explicit statement of the funds and estate in their possession, and of the income received therefrom. March 20, 1849. Chap. 43. AN ACT to incorporate the Fall River Fire and Marine Insurance Com Be it enacted, &c., as follows: pany. SECTION 1. Nathan Durfee, Nathaniel B. Borden and William Munday, their associates and successors, are hereby made a corporation, by the name of the Fall River Fire and Marine Insurance Company, for the purpose of making insurance against maritime losses and against losses by fire, with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth in the thirtyseventh and forty-fourth chapters of the Revised Statutes, and in all other general laws, which have been or shall be hereafter enacted, relating to insurance companies, for the term of twenty years. SECTION 2. The capital stock of said company shall be one hundred thousand dollars, to be divided into shares of one hundred dollars each, to be collected and paid in, in such instalments, and under such provisions and penalties, as the president and directors of said company shall order and appoint. [1827, 51.] March 22, 1849. Chap. 44. AN ACT to continue in force " An Act to incorporate the West Newbury Mutual Fire Insurance Company.” Continued for twenty-eight ruary 8, 1856. Be it enacted, &c., as follows: The act to incorporate the West Newbury Mutual Fire years, from Feb- Insurance Company, passed on the eighth day of February, in the year one thousand eight hundred and twenty-eight, shall be and remain in force for the term of twenty-eight years from the eighth day of February, in the year one thousand eight hundred and fifty-six; and the said corpora tion shall be continued through that term, with all the AN ACT ceding to the United States Jurisdiction over a part of the Island Chap. 45. of Great Brewster, in the Harbor of Boston. Be it enacted, &c., as follows: SECTION 1. The consent of this Commonwealth is hereby cession. granted to the United States of America, to purchase so much of the Great Brewster Island, situate at the entrance of Boston Harbor, in the town of Hull, in the county of Plymouth, and Commonwealth of Massachusetts, as has been, or may be, conveyed by the city of Boston to the said United States, for the purpose of the erection and maintenance thereon of a sea-wall, for the preservation of said island, the evidence of the said purchase to be entered and recorded in the registry of deeds, in the county of Suffolk and Commonwealth aforesaid, and the jurisdiction over the said portion of the said Great Brewster Island, is hereby granted and ceded to the United States: provided, always, Proviso. and the cession and consent aforesaid are granted upon the express condition that this Commonwealth shall retain a concurrent jurisdiction with the United States, in and over the said portion of the island aforesaid so far as that all civil processes, and such criminal processes as may issue, under the authority of this Commonwealth, against any person or persons charged with crimes committed without the said portion of the island aforesaid, may be executed therein in the same way and manner as though this cession and consent had not been made and granted. taxation. SECTION 2. The property over which jurisdiction is Exonerated from granted, by this act, shall be exonerated and discharged from all taxes and assessments which may be laid or imposed, under the authority of this Commonwealth, while the said premises shall be used for the purposes intended by this act. SECTION 3. This act shall take effect from and after its passage. March 22, 1849. AN ACT to incorporate the Bay State Steamboat Company. Be it enacted, &c., as follows: Chap. 46. SECTION 1. Richard Borden, Jefferson Borden, and James Corporators. S. Warner, their associates and successors, are hereby made a corporation, by the name of the Bay State Steamboat Company, for the purpose of navigating, by steam, the waters of New York, Mount Hope, and Narraganset Bays, For twenty years. |