attached, &c. SECTION 10. The share or shares of any stockholder in Shares may be the said corporation, shall be liable to attachment, and to be taken on execution, in the State where such stockholder shall reside at the time of the service of such process: pro- Proviso. vided, the laws of such State shall authorize the attachment and taking on execution of said property; and an attested copy of such writ or execution, and of the return of the officer thereon, shall, at the time of such service, be left with the clerk or a director of the said corporation, or at his usual place of abode, by the officer making the service. SECTION 11. The said corporation, so far as their road Part of road submay be situated in Massachusetts, shall be subject to the general laws of this State, to the same extent as if their road were wholly therein. ject to Mass. laws. SECTION 12. No part of the stock of the said company Value of stock. shall be issued at less than its par value. R. R. from Palmto Enfield, from Enfield to for construction retary of the SECTION 13. For the purpose of construction, the road Two sections of hereby authorized shall be divided into two sections, one er extending from Palmer to the village of Enfield, and the orange or Athol. other from Enfield to Orange or Athol, and a moiety of the capital stock authorized by this act shall be appropriated Appropriation and set apart for the construction of each section, and the construction of neither section shall be commenced until a Certificate to seccertificate shall have been filed in the office of the secretary Commonwealth. of the Commonwealth, subscribed and sworn to by the president of the said company and a majority of the directors thereof, stating that all of the stock appropriated and set apart for the construction of the said section has been subscribed for by responsible parties, and that twenty per cent. of the par value of each and every share so appropriated and set apart has been actually paid into the treasury of the company. SECTION 14. This act shall take effect from and after its passage. May 24, 1851. [1853, 361.] [1844, 139.] AN ACT in addition to an Act to incorporate the Lowell Equitable Life Chap. 316 Insurance Company. Be it enacted, &c., as follows: in capital, &c., SECTION 1. The time within which the capital stock of Time for paying the Lowell Equitable Life Insurance Company is by law extended." required to be paid in, and the time for organizing the said company, is hereby extended to the first day of June, in the year one thousand eight hundred and fifty-two. half the directors SECTION 2. When one hundred persons have subscribed At first meeting to become members of the company by being insured for chosen. one or more years, or for the whole term of life, the first meeting may be called for the purpose of organizing the corporation, but only one-half of the whole number of directors shall then be chosen. SECTION 3. So much of the act entitled "An Act to incorporate the Lowell Equitable Life Insurance Corporation," approved by the governor, March sixteenth, in the year one thousand eight hundred and forty-four, as is inconsistent herewith, is hereby repealed. [Special Laws, vol. 2, pp. 90, 262.] May 24, 1851. Chap. 318 AN ACT in addition to "An Act for incorporating certain Persons for the purpose of building a Bridge over Acushnet River, in the Town of New Bedford. Proprietors of make and main &c. Be it enacted, &c., as follows: SECTION 1. The proprietors of New Bedford Bridge, within the time hereinafter specified, and upon the terms tain a new draw, and conditions herein prescribed, shall make and maintain in good repair, in lieu of the present draw in that part of their bridge which crosses the channel of the river nearest to the New Bedford shore, a new draw, of not less than sixty feet in width; the westerly abutment thereof to be eight feet farther to the eastward than the westerly abutment of the existing draw; the same to be constructed in such manner as shall be approved by a commissioner, to be appointed by the governor for the purposes of this act; the expense of such commissioner to be paid by the said corporation; and the said draw shall be made and completed within six months from the passage of this act. To be approved er, to be paid by by a commission corporation, &c. Corporation shall maintain and tend present draw, until, &c. SECTION 2. Nothing herein contained shall be construed to alter or impair any obligations of the said proprietors, under their act of incorporation, to keep, maintain, and tend the draw now existing, until that herein required to be made in lieu thereof shall be completed, excepting so far as the same shall be necessarily interrupted by the construction of the new draw herein required to be made; but all such obligations shall remain in full force, and the same shall apply to the maintenance and care of the new draw, when the same shall be completed, in like manner as if it had been originally provided for in the said act of incorpoMay 24, 1851. ration. [1855, 352, 423.] [1836, 128; 1838, 181; 1841, 120; 1845, 203; 1846, 35; 1847, 82.] Chap. 320 AN ACT in further addition to an Act to amend the Charter of the City One alderman to ward. Be it enacted, &c., as follows: of Lowell. SECTION 1. The qualified voters of each ward in the city be chosen in each of Lowell shall elect one person, being an inhabitant of such ward, to be a member of the board of aldermen, and two persons shall be elected members of that board by the Two by city at large, voting in wards. qualified voters of the city at large, voting in their respective wards. 1846, 35, 5, ex SECTION 2. The provisions of the fifth section of the act Provisions of to amend the charter of the city of Lowell, passed on the tended, fourteenth day of February, in the year one thousand eight hundred and forty-six, are hereby extended to all cases of failure to elect aldermen at any meeting called for the purpose of such election. SECTION 3. This act shall be void, unless the inhabitants of the city of Lowell, at a legal meeting called for that purpose, shall, by a vote of a majority of the voters, by a written ballot, determine to adopt the same, within two months from and after its passage. This act void, un less accepted by Lowell in two months. municipal elec SECTION 4. The provisions of this act shall take effect To apply to all and apply to all municipal elections, in the said city of tions in Lowell. Lowell, following after the acceptance and adoption of this act. visions repealed. SECTION 5. All acts and parts of acts inconsistent with Inconsistent prothe provisions of this act are hereby repealed. [1852, 261; 1856, 207.] May 24, 1851. [1849, 28; 1850, 142.] AN ACT to amend the Charter of the Worcester Medical Institution. Be it enacted, &c., as follows: Chap. 321 The trustees, together with the regularly constituted offi- Restrictions, &c. cers of the Worcester Medical Institution, in conferring the degree of doctor in medicine, are hereby restricted to the same rules and regulations which are adopted and required in conferring the same degree, by the University of Cambridge and the Berkshire Medical Institution: provided, that the title of the degree shall be designated by some appellation to distinguish it from those of graduates of other modes of practice. May 24, 1851. AN ACT to set off certain Farms from the Town of Auburn, and annex Chap. 323 the same to the Town of Millbury. Be it enacted, &c., as follows: tates set off and SECTION 1. So much of the farms or homesteads of Persons and esElijah Holman, Amos Severy, Thaddeus Hall and Moody H. annexed." Severy, being the farm formerly owned by Paul Thurston, then of Sutton, as have heretofore been considered as belonging to the town of Auburn, are hereby set off from the said town of Auburn, and annexed to the town of Millbury. SECTION 2. This act shall take effect from and after its passage. May 24, 1851. Chap. 326 Corporators. Powers and duties. Location. Capital stock. AN ACT to incorporate the Ware River Railroad Company. SECTION 1. Charles A. Stevens, Jason Gorham, William Mixter, their associates and successors, are hereby made a corporation by the name of the Ware River Railroad Company, with all the powers and privileges, and subject to all the duties, liabilities, and restrictions, set forth in the fortyfourth chapter of the Revised Statutes, in that part of the thirty-ninth chapter of said statutes relating to railroad corporations, and in all other general laws which have been or shall hereafter be passed relative to railroad corporations. SECTION 2. The said company are empowered to locate, construct, and maintain, with one or more tracks, a railroad, commencing at some convenient point in the New London, Willimantic, and Palmer Railroad, in the town of Palmer; thence crossing the Western Railroad, and running by or near the valley of Ware River, through or near Pal mer, Ware, Hardwick, New Braintree, West Brookfield, Barre, and Oakham, to the valley of the Burnshirt stream; thence by the said last named valley, through or near Hubbardston, Phillipston, and Templeton, to Otter River, near Baldwinsville, crossing the Vermont and Massachusetts Railroad, near that place; thence through Winchendon, crossing the Cheshire Railroad, in said Winchendon, to some point in the line of the State of New Hampshire, convenient to form a connection with the Monadnock Railroad, in New Hampshire. SECTION 3. The capital stock of the said company shall consist of eight thousand shares, of one hundred dollars each, and no assessment shall be laid thereon, of a greater amount in the whole, than one hundred dollars on each Real and person- share; and the said company may invest and hold such part thereof, in real and personal estate, as may be necessary or convenient for the purposes of their incorporation. al estate. May enter and use certain roads. SECTION 4. The company hereby established may enter upon and connect their tracks with said New London, Willimantic, and Palmer Railroad, in said Palmer, with said Vermont and Massachusetts Railroad, near said Baldwinsville, and with the Cheshire Railroad, in or near said Winchendon, and may use the same, or any part thereof, paying such rate of toll as may be agreed upon by the parties, or as the legislature may from time to time prescribe, and subject to all the restrictions and conditions contained in any laws now existing, or which may hereafter be enacted, to. regulate the use of railroads, and to such reasonable rules and regulations as may be established by the railroads entered upon, respectively, for the mutual safety and convenience of the parties. &c. SECTION 5. The legislature may authorize any company other companies to enter with another railroad upon, and use the said Ware may enter, use, River Railroad, or any part thereof, paying such toll as shall be prescribed by the legislature, or determined by the provisions of law, and complying with such reasonable rules and regulations as the Ware River Railroad Company may prescribe, or as may be determined, according to the provisions of law. duced, &c. SECTION 6. The legislature may, after the expiration of Tolls may be refour years from the time when the Ware River Railroad shall be opened for use, from time to time, alter or reduce the rate of tolls, or other profits upon the said railroad, but Proviso. such tolls or profits shall not, without the consent of the said company, be so reduced as to produce less than ten per cent. per annum upon the investment of the said company. SECTION 7. The said company may enter upon and con- May enter Westnect their tracks with the Western Railroad, provided the consent. directors of the said last named company shall consent thereto. ern Railroad by time. SECTION 8. If the location of said Ware River Railroad Limitation of be not filed within two years, or if the said company shall not complete their railroad, as provided for in the second section of this act with at least one track, within three years from the passage of this act, this act shall be null and void. SECTION 9. No shares in the capital stock of the said No shares to be corporation shall be issued for a less sum or amount, to be than par value. actually paid in on each, than the par value of the shares which shall be first issued. issued at less sections. SECTION 10. The said company is hereby authorized to May divide into divide their road into four sections, to wit:-The first section to embrace that part of the road from its connection with the New London, Willimantic and Palmer Road to Ware Village; the second section to extend from Ware to Barre; the third section to extend from Barre to the Vermont and Massachusetts Railroad in Templeton; the fourth section to extend from Templeton to the line of New Hampshire. The capital required to build the first and Capital of each. fourth sections shall be one hundred and fifty thousand dollars for each section; and two hundred and fifty thousand dollars shall be the capital for each of the second and third sections; and the said company may proceed to build either of said sections when the capital required therefor shall have been subscribed. Before either of said sections No section to be shall be commenced, a certificate shall be filed in the office certificate is filed of the secretaty of the Commonwealth, subscribed and sworn to by the president of said company and a majority of the directors, stating that all the stock named for the section they propose to build shall have been subscribed by commenced until with secretary of Commonwealth. |