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representatives to general court,

Selectmen of
West Roxbury

Town clerk to certify, &c.

peace may issue warrant for town meeting

for the election or to which the territory comprised in the city of Roxbury is

now entitled, until the next decennial census, or until till next census. another apportionment of representatives be made, remain

a part of the said city of Roxbury; and the inhabitants of said West Roxbury shall vote for the number of representatives which the city authorities of Roxbury may decide shall

be elected, annually in town meeting; and it shall be the to preside, &c.

duty of the selectmen of said West Roxbury to preside at said town meeting, and receive the votes, and the certificate thereof shall be made by the said selectmen, and certified by the town clerk of said West Roxbury, whose duty it shall be to make return thereof to the mayor and aldermen of the said city of Roxbury within forty-eight hours of the day of voting, and the votes so returned shall be counted by the said mayor and aldermen as a part of the vote of the said

city of Roxbury. Justice of the SECTION 6. Any justice of the peace in the county of

Norfolk is hereby authorized to issue his warrant to any principal inhabitant of the town of West Roxbury, requiring him to warn the inhabitants of said town to meet, at the time and place therein appointed, for the purpose of .choosing all such town officers as towns are by law authorized and required to choose at their annual meetings.

SECTION 7. This act shall be in force from and after its passage.

May 24, 1851. [1837, 229; 1840, 35; 1841, 60; 1817, 234, 278; 1848, 314; 1819, 204; 1850,

216, 317.] Chap. 254 An Act in addition to an Act to preserve the Harbor of Boston, and to

prevent encroachments therein. Be it enacted, &c., as follows :

SECTION 1. The line of that part of the harbor of Boston tery and Gray's lying between Battery and Gray's Wharves, which was

established by an act passed on the nineteenth day of April, accurately de

in the year one thousand eight hundred and thirty-seren, is hereby more accurately defined, and shall run as follows, that is to say :-By three equal chords of an arc of a circle of twelve hundred feet radius, drawn through the south-east angle of Battery Wharf and the west corner of Gray's Wharf; and all parts of said act inconsistent with this act are hereby repealed.

SECTION 2. This act shall take effect from and after its passage.

May 24, 1851.
[1853, 385.]
An Act to provide for Change of the Names of Persons.
Be it enacted, 8c., as follows :

SECTION 1. No lawful change of the name of any person, other than that of the wife in case of marriage or divorce, shall be made in this Commonwealth, except for sufficient

Line of the harbor between Bat

Wharves more

fined

Chap. 256

No change of name except for suficient rea

sons, &c.

and determine.

creed.

а

bate shall make a return, which

reason, consistent with the public interest, and to the satisfaction of the judge of probate of the county in which the party resides ; and the several judges of probate shall have Judges of propower to hear and determine all applications for change of bate shall hear name within their respective counties.

SECTION 2. Before decreeing a change of name on the Public notice of application of any party, the judge of probate shall require be given," and of due public notice of such application to be given, that all the change depersons may appear and show cause, if any they have, why the application should not be granted; and he shall require also due public notice to be given of the change decreed; and on the return of the same, he may grant to the party a May grant certicertificate, under the seal of the court, of the name the cate, &o. party is thereafter to bear, and by which name the said party may sue and be sued, contract, take, and hold, property, and perform all other lawful acts.

SECTION 3. Appeal may be taken to the supreme judicial Appeal may be court from any act of a judge of probate in the premises, in the same manner, and subject to the same conditions, as in the case of other proceedings in probate courts.

SECTION 4. The judges of probate for the several coun- Judges of pro, ties shall annually, in the month of December, make return to the office of the secretary of the Commonwealth, shall be publishof all changes of names made under and by virtue of this act; and such returns shall be published in a tabular form, with the statutes of each year.

May 24, 1851.
An Act to incorporate the Malden Bank in Malden.

Chap 259 Be it enacted, &c., as follows :

SECTION 1. Timothy Bailey, Charles Lewis, Gershom L. Corporators. Hall, their associates and successors, are hereby made a corporation, by the name of the president, directors, and company, of the Malden Bank, to be established in Malden, and shall so continue until the first day of October, in the year one thousand eight hundred and seventy-two, and shall be Limit of charter. entitled to all the powers and privileges, and be subject to all the duties, liabilities, and restrictions, set forth in the public statutes of this Commonwealth relative to banks and banking.

SECTION 2. The capital stock of the said bank shall con- Capital stock. sist of one hundred thousand dollars, to be divided into shares of one hundred dollars each, to be paid in such instalments and at such times as the stockholders may direct: provided, that the whole be paid in before the first day of Proviso. May, in the year one thousand eight hundred and fifty-two.

SECTION 3. The stock of the said bank shall be transferable only at its banking-house and on its books.

Liabilities, &c.

SECTION 4. The said corporation shall be subject to all the liabilities, requirements, and restrictions, contained in such acts as may hereafter be passed by the general court in relation to banks and banking.

May 24, 1851. [1857, 143.)

Boundaries of the

Chap. 260 An Act to set off a part of the Town of Winchendon, and annex the

same to the Town of Gardner. Be it enacted, tc., as follows :

SECTION 1. So much of the town of Winchendon, in the territory set ofl.

county of Worcester, together with the inhabitants resident therein, as included within the following limits, is hereby set off from said Winchendon and annexed to the town of Gardner, to wit:- Beginning at the town corner, on the easterly line of the town farm belonging to said Gardner; thence running north thirteen degrees east, one hundred and seventy-one rods, on the line of Winchendon and Gardner, to a stone monument; thence north seventy-eight and onehalf degrees west, eighty-two rods and eight links to a wall; thence south fourteen degrees west, one hundred and seventy

one rods, to the county road leading from Gardner to WinExtent 89 acres. chendon ; thence south seventy-eight and one-half degrees

east, eighty-three rods, to the point of beginning, containing eighty-nine acres.

SECTION 2. This act shall take effect from and after its passage.

May 21, 1851.

Chap. 263

An Act to incorporate the Faneuil Hall Bank in Boston.

Be it enacted, 8c., as follows : Corporators. SECTION 1. Nathan Robbins, Jr., J. V. Fletcher, Dexter

Follett, their associates and successors, are hereby made a corporation, by the name of the President, Directors and

Company of the Faneuil Hall Bank, to be established in Limit of charter. Boston, and shall so continue until the first day of October,

in the year one thousand eight hundred and seventy-two, Privileges, lia- and shall be entitled to all the powers and privileges, and be bilities, &c.

subject to all the duties, liabilities, and restrictions, set forth in the public statutes of this Commonwealth relative to

banks and bankings. Capital stock. SECTION 2. The capital stock of the said bank shall con

sist of five hundred thousand dollars, to be divided into shares of one hundred dollars each, to be paid in such

instalments and at such times as the stockholders may direct: Proviso. provided, that the whole be paid in before the first day of

May, in the year one thousand eight hundred and fifty-two.

SECTION 3. The stock of the said bank shall be transferonly at the banking-house. able only at its banking-house and on its books.

Stock tranferable

Section 4. The said corporation shall be subject to all subject to all the the liabilities, requirements, and restrictions, contained in requirements, &c such acts as may hereafter be passed by the general court in relation to banks and banking.

SECTION 5. This bank shall not be required to elect more Residence of dithan one-third of its directors from residents of Boston, but rectors. a majority of them shall be residents or persons doing business in the city of Boston.

May 24, 1851.

(1836, 232; 1837, 152, 190; 1838, 193; 1839, 74, 122; 1841, 90; 1814, 133; 1845,

246; 1846, 245; 1847, 70, 182, 203; 1848, 186, 292; 1849, 201 ; 1851, 128, 242.] Ax Act to extend the time within which the Eastern Railroad Company Chap. 264

may locate the extension of their Road. Be it enacted, g'c., as follows :

The act entitled an act authorizing the Eastern Railroad Time extended to Company to extend their road, approved on the second day from the terminaof May, in the year one thousand eight hundred and forty- of the present nine, is hereby renewed, and the time within which the said legislature. company may locate the extension of their road, as provided in the said act, is hereby extended twelve months from and after the termination of the present session of the general court: provided, that so much of the said act as authorized Proviso. the extension of the said Eastern Railroad through the city Parts of former of Charlestown, to wit: that part of the first section contained in the words, “ to a point in the city of Charlestown westerly of the Salem turnpike; thence by the most convenient line through said city of Charlestown, to Thompson's Wharf in said Charlestown; thence crossing Charles River;" also, the whole of the third section of the said act, are hereby declared to be repealed.

May 24, 1851. (1852, 164, 167, 305, 306 ; 1853, 387, 415 ; 1854, 46, 54, 310, 395 ; 1855, 149, 227, 375;

1856, 305); 1857, 220; 1858, 18.]

An Act to set off a part of New Marlborough and annex the same to Chap. 265

Monterey. Be it enacted, &c., as follows:

SECTION 1. So much of the town of New Marlborough, Territory set off. in the county of Berkshire, with the inhabitants thereon, as is included within the following described limits, is hereby set off from said New Marlborough and annexed to the town of Monterey, in said county, to wit:-beginning at the corner of New Marlborough and Monterey ; thence running on Sandisfield line south two degrees west, three hundred and thirty-three rods to the tier or range line between the lots of said New Marlborough ; thence west two degrees south, six hundred and thirty-eight rods, on said range line, to a stake and stones; thence north thirty-one degrees west, five hundred and forty-two rods, to a stake and stones, standing on the town line between New Marlborough and Monterey :

Proviso,

Inhabitants set off to continue a

ing tives.

men.

provided, however, that the inhabitants and estates so set off shall be holden to pay all arrears of taxes, which have been legally assessed upon them by the town of New Marlborough, to the treasurer thereof, in the same manner as if this act had not been passed.

SECTION 2. The said inhabitants hereby set off to Montepart of New Marl

. rey shall continue to be a part of the town of New Marlpurposes of cliente borough for the purpose of electing a representative to the representa- general court, and may vote in the said town for the same

until the next apportionment of representatives in this ComDuty of select- monwealth ; and it shall be the duty of the selectmen of

Monterey to make a true list of the persons residing on the said territory, qualified to vote in such elections, and deliver the same to the selectmen of New Marlborough, seven days at least before any such election, and the same shall be taken and used in the same manner as if prepared by the said selectmen of New Marlborough.

SECTION 3. The town of Monterey shall be holden to just proportion of

pay to the treasurer of the town of New Marlborough, until the next decennial census, the just proportion of all state and county taxes which may be assessed upon said New Marlborough, in proportion to the valuation of the polls and estates hereby set to Monterey. The said proportion to be paid by said Monterey, shall be fixed by the valuation of the said polls and estate next preceding the passage of this act.

SECTION 4. The town of Monterey shall be liable for the support of all persons who may, after the passage of this act, stand in need of relief as paupers, whose settlement was gained by, or derived from, a residence within the limits of the territory hereby set to the said town.

SECTION 5. This act shall take effect from and after its passage.

May 24, 1851.

Holden to pay a

taxes.

Liable for certain paupers, &c.

Chap 268

Governor may

appoint clerk

for five years.

[1848, 32; 1849, 210; 1850, 305.] An Act concerning the Police Court of the City of Worcester. Be it enacted, &c., as follows :

SECTION 1. The governor with the advice and consent of the council, shall nominate and appoint a clerk of the police court of the city of Worcester, who shall hold his

office for five years, unless sooner removed by the governor In case of death and council; and in case of the absence or death of such ere absenceri ius clerk, the justice of the said court may appoint a clerk pro appoint pro tem. tempore, who shall officiate as such until the standing clerk

shall resume the performance of his duties, or until another clerk shall be appointed by the governor and council.

SECTION 2. The clerk shall be sworn to the faithful perand give bond.

formance of his duties, and give bond to the county treas

Shall be sworn,

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