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sued for and collected in the same manner as if this act had not been passed.
SECTION 2. This act shall take effect from and after its passage.
May 7, 1851.
Powers and duties.
Chap. 113 An Act to incorporate the Millbury and Southbridge Railroad Company.
Be it enacted, &c., as follows : Corporators. SECTION 1. Asa H. Waters, Ebenezer D. Ammidown, and
Manning Leonard, their associates and successors, are hereby made a corporation, by the name of the Millbury and Southbridge Railroad Company, with all the powers and privileges, and subject to all the duties, liabilities, and restrictions, set forth in the forty-fourth chapter of the Revised Statutes, and in that part of the thirty-ninth chapter of the said statutes relating to railroad corporations, and in all statutes that have been or may hereafter be passed relating to railroad corporations.
SECTION 2. The said company is hereby authorized and empowered to construct a railroad, with one or more tracks, from some convenient point on the Boston and Worcester Railroad, in the town of Grafton, or of its branch road in the town of Millbury; thence over the most suitable route, through Sutton or Auburn, to some convenient point in the town of Southbridge: provided, that such location shall not be extended beyond the town of Webster, without the consent of a majority of the directors of the Southbridge and Blackstone Railroad Company.
SECTION 3. The capital stock of the said company shall consist of three thousand shares of one hundred dollars each, and no assessment shall be made thereon of a greater amount in the whole than one hundred dollars on each share; and no share shall be issued at a less sum than the par value herein named.
SECTION 4. The said company may purchase and hold such real estate, and such engines, cars, and other things, as may be necessary for the use of the said railroad, and for the transportation of passengers, goods, and merchandise, thereon.
SECTION 5. The said company are hereby authorized to lease their road to any railroad corporation whose road adjoins the road of the said company, or they may take a lease of any adjoining railroad, or make joint stock with any such railroad corporation, upon such terms and conditions as the directors of the contracting companies may agree, subject to the approval of a majority in interest of the stockholders of each of the contracting companies, at legal meetings called for that purpose.
Capital stock, three thousand shares, not to be issued at less than par value.
May hold real estate, &c.
May lease their road, or take lease,
may reduce toll,
SECTION 6. If the location of the said railroad be not Location to be filed according to law within two years, and if the said rail- Bled in two years,
&c. road shall not be completed within four years from the passage of this act, then this act shall be void.
SECTION 7. The said company are hereby authorized to Authority enter upon and unite their railroad, by proper means, with enter other roads. the Southbridge and Blackstone Railroad, the Norwich and Worcester Railroad, the Providence and Worcester Railroad, and the Boston and Worcester Railroad, or to cross either or all such railroads, or use the same according to provisions of law.
SECTION 8. The general court may from time to time General court reduce the rate of toll, or other receipts of the said railroad, kde whenever the net income thereof shall exceed ten per cent. per annum ; but the toll or other receipts shall not, without the consent of the company, be so reduced as to produce less than ten per cent. per annum on the investment of the said company.
SECTION 9. The general court may authorize any com- May authorize pany to enter with their railroad at any point upon the said etter roads to road, and to use the same, or any part thereof, agreeably to the provisions of law.
SECTION 10. If, in the construction of the said railroad In case of crossit shall be necessary to cross over the dividing line of this ticut, may, &c. Commonwealth and the State of Connecticut, in order to get a better route for the same in any instance, and the crossing of the said line and the construction of any portion of the said railroad in the said State of Connecticut shall be authorized by that State, the said company is hereby authorized and empowered to lease or purchase, or with the authority of the said State to construct, hold, and maintain, such portion of their railroad.
SECTION 11. The said company shall not commence the certificate to be construction of their railroad until a certificate shall have been filed in the office of the secretary of the Commonwealth, subscribed and sworn to by the president of the said company and a majority of the directors thereof, stating that all the stock named in the charter has been subscribed for by responsible persons, and that twenty per cent. of the par value of each share thereof has actually been paid into the treasury of the company.
May 7, 1851. [1855, 109, 331 ; 1856, 20; 1857, 28; 1858, 19.]
An Act authorizing the Town of Truro to construct a Bridge.
Chap. 114 Be it enacted, &c., as follows :
SECTION 1. The inhabitants of the town of Truro in the Location of county of Barnstable are hereby authorized to construct bridge. and maintain a bridge across Pamet River in said town,
beginning at the south side of the said river, between Magoon and Sleeper's Wharf and Union Wharf, and extending across the said river to the beach east of the North Wharf, so called; the said bridge to be of such construction as the town may determine.
SECTION 2. The said inhabitants shall furthermore be required to construct in the said bridge a suitable draw, over the deepest water in the said river, of at least twentyeight feet wide, for the passage of vessels up and down the said river.
May 7, 1851.
Draw to be constructed.
Lists of persons entitled to vote
[1861, 8.] Chap. 115 An Act in addition to an Act to annex a part of the Town of Dracut to
the City of Lowell. Be it enacted, 8c., as follows : Representatives SECTION 1. That part of Dracut annexed to Lowell, by to general court.
the act to which this is in addition, for the purpose of electing the representatives to the general court to which the said town of Dracut is entitled, until the next decennial census shall be taken in accordance with the provisions of the thirteenth article of amendment to the constitution, shall be and remain a part of the said town of Dracut.
SECTION 2. The mayor and aldermen of the city of Lowell shall be furnish- shall annually, fourteen days at least before the second Moned, &c.
day of November, furnish to the selectmen of the town of Dracut correct lists of all persons resident on the said territory, who shall be entitled to vote at such elections in the said town of Dracut, so far as may be ascertained by the
records and doings of the said city of Lowell, or any of its Penalty for neg. officers. And the city of Lowell, for every neglect of its
mayor and aldermen so to furnish such list, shall forfeit the --for false return. sum of one hundred dollars; and for the making of a false
return, in respect to any part of such list, shall forfeit the sum of twenty dollars for every name, in respect to which a false return shall have been made, to be recovered in the same manner as is provided by the fourth section of the third chapter of the Revised Statutes, in respect to penalties for neglect or false returns by collectors of towns : provided, however, that the selectmen of Dracut shall be the final judges of the qualification of all voters resident on the said territory for the purposes contemplated in this act.
May 7, 1851.
[1843, 20.] Chap. 116 An Act in addition to an Act concerning Alewives in Herring River in
the Town of Barnstable. Be it enacted, &c., as follows: Town may choose SECTION 1. The inhabitants of the town of Barnstable, scribe time and at their annual meeting in the month of February, shall
choose one or more proper persons as a committee to regu- manner of taking late the taking of alewives in Herring River, at Marston's alewives, &c. mills, in the said town, which committee shall prescribe and make known the time, not exceeding five days in each week, and the manner and place or places where the said fish may be taken by all the inhabitants of the said town, and the said committee shall have and exercise all the powers and duties which, by the act to which this is in addition, are placed in the selectmen of the said town.
SECTION 2. The time during which the said fish shall be time limited to so taken by the inhabitants of the said town, and during thirty days. which the occupants or owners of dams across the said river shall be required to keep open and maintain the passage ways over or around their respective dams, shall not exceed thirty days in each year; and nothing contained in this act, or the act to which this is in addition, shall be so construed as to affect the legal rights of any person.
SECTION 3. The first and fifth sections of the act to which Acts Inconsistent this is in addition, and all other parts of the said act which repealed. are inconsistent with the provisions of this act, are hereby repealed.
May 7, 1851.
An Act to incorporate the United German Brethren.
Chap 117 Be it enacted, gc., as follows:
SECTION 1. John Weeber, Jacob Weller and George Corporators, Somers, their associates and successors, are hereby made a corporation, by the name of the United German Brethren in Boston, for the purpose of affording mutual charitable relief, Purpose. with all the powers and privileges, and subject to all the powers and liabilities, restrictions, and requirements, set forth in the duties. forty-fourth chapter of the Revised Statutes.
SECTION 2. The said corporation may take and hold real Real and personand personal estate for the purpose aforesaid, to an amount not exceeding twenty thousand dollars.
May 7, 1851.
[Special Laws, vol. 1, pp. 435, 486 ; vol. 2, pp. 102, 325.]
An Act regulating the rates of Tolls on Haverhill Bridge. Be it enacted, &c., as follows:
SECTION 1. The Haverhill Bridge Company are hereby Tolls established. authorized, from and after the first day of September next, to demand and receive at the said bridge the following rates of toll, instead of the rates heretofore established, to wit:-For each foot passenger, one cent; for each horse and rider, five cents; for each horse and wagon, five cents ; for each wagon and two horses, ten cents; for each horse with two or four wheeled chaise, ten cents; for each stage or pleasure carriage with two horses, fifteen cents; for each wagon or cart with one pair of oxen, ten cents; for each
sleigh or sled drawn by one horse, five cents; for each sleigh or sled drawn by two horses, ten cents; for each sled drawn by one pair of oxen, five cents ; for each additional beast or teams, two and a half cents; for neat cattle, each, two cents; for sheep and swine, each, one cent; for each man, with handcart or other vehicle, two cents; for each foot passenger paying by the quarter in advance, seventy-five cents.
SECTION 2. Notwithstanding any thing in the preceding section, no foot toll is to be demanded or taken at the bridge aforesaid, after the first day of September next, unless a good and sufficient foot passage be constructed upon one side of the said bridge, and outside thereof, at least five feet wide in the clear, and securely railed.
May 7, 1851. [1853, 373.]
[Special Laws, vol. 2, p. 448; 1849, 126.] Chap. 119 An Act to repeal the one hundred and twenty-sixth Chapter of the Laws
of the year one thousand eight hundred and forty-nine.
Be it enacted, &c., as follows: Respecting Lieu- An act for the protection and regulation of Lieutenant's and flats adjacent Island, and the flats adjacent, in the town of Wellfleet,
passed on the twentieth day of April, in the year one thousand eight hundred and forty-nine, is hereby repealed.
May 7, 1851.
Chap. 120 An Act to authorize Abraham H. Howland to build and maintain a
Marine Railway in New Bedford. Be it enacted, &c., as follows: Powers granted. Abraham H. Howland is hereby authorized to build and
maintain a marine railway in the harbor of New Bedford, within the lines established by an act entitled “An Act concerning the harbors of New Bedford and Fairhaven," passed on the eighth day of May, in the year one thousand eight hundred and forty-eight, and to extend the said railway from land owned by him, three hundred and twenty-five feet from the shore into the river, in an easterly direction, and to put down such piles and abutments as may be necessary for its convenience and safety: provided, that this act shall in no wise impair the legal rights of any person.
May 7, 1851.
[1846, 167; 1848, 33; 1849, 187 ; 1850, 316.) Chap. 121 An Act in further addition to an Act for supplying the City of Boston
with Pure Water. Be it enacted, &c., as follows :
The control granted to the city of Boston over tide waters within the jurisdiction of this Commonwealth, by the third section of an act in addition to an act for supplying the city of Boston with pure water, passed on the first day of May,