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responsible parties, and that twenty per cent. of the par value of each and every share of such portion of the stock has been actually paid into the treasury of the company.

May 24, 1851. [1853, 75; 1855, 190; 1857, 126.]

[1842, 84 ; 1845, 218; 1846, 21 ; 1847, 200; 1850, 122.] Chap. 329 An Act authorizing the Fitchburg Railroad Corporation to alter the con

struction of their Bridges over Miller's River, in Somerville.

Be it enacted, &c., as follows : May erect solid SECTION 1. The Fitchburg Railroad Corporation are hereeinbankment, provided, &c. by authorized to erect solid embankments at their present

crossings over Miller's River, in Somerville : provided, an opening or culvert shall be left in said embankments not less than ten feet square, and more if necessary, for the full

ingress and regress of ordinary tides. Culvert, &c., SECTION 2. The culvert of the eastern embankment may may be provided with gate, &c. be provided with a gate which shall not be closed to obstruct

the flow of ordinary tides, from the first of May to the first

of November, in each year. Provision for es- SECTION 3. Suitable provisions shall be made for the cape of water,&c.

escape of all water that may accumulate above the said eastern embankment during that portion of the year that the gate is allowed to be closed to prevent the tide from flowing

into said river. Culverts, gates, SECTION 4. Said embankments, culverts, and gate, shall &c., constructed to acceptance, &c be constructed under the direction and to the acceptance of

the selectmen of the town of Somerville. Must be complet- SECTION 5. This act shall go into effect from and after ed in one year.

its passage; and shall be void unless said embankments, culverts, and gate, are constructed within one year from its passage.

May 24, 1851.

[1852, 147; 1855, 259 ] Chap. 332

An Act to incorporate the Bay State Screw Company.

Be it enacted, 8c., as follows : Corporators. SECTION 1. William A. Crocker, George A. Crocker,

Joseph A. Chamberlain, their associates and successors, are

hereby made a corporation, by the name of the Bay State Purpose. Screw Company, for the purpose of manufacturing wood

screws, in the town of Taunton, in the county of Bristol, with all the powers and privileges, and subject to all the duties, restrictions, and liabilities, set forth in the thirtyeighth and forty-fourth chapters of the Revised Statutes.

Section 2. The said corporation, for the purposes afore

said, may take and hold real estate not exceeding one hun. Capital stock. dred thousand dollars; and their whole capital stock shall

not exceed two hundred and fifty thousand dollars. No sbares to be SECTION 3. No shares in the capital stock of the said than par value. corporation shall be issued for a less sum or amount, to be

Real estate.

issued at

less

actually paid in on each, than the par value of the shares which shall be first issued.

May 24, 1851.

[1851, 296.] As Act in addition to the Act to establish the City of Newburyport. Chap. 333 Be it enacted, &c., as follows:

Section 1. The act passed at the present session of the one alderman to general court to establish the city of Newburyport, is amended barlected in each and altered so that the six aldermen of the said city, provided for by the said act, shall be elected, one by and from the qualified voters of each ward, voting in their respective wards, in

manner prescribed for the election of members of the common council.

SECTION 2. This act shall be submitted to the inhabitants Act submitted to of the town of Newburyport, for their acceptance or rejec

inhabitants. tion, at the same time and in the same manner with the act to which it is in addition, and shall be in force from and after its acceptance by the said inhabitants.

May 24, 1851. [1855, 161; 1858, 160.]

An Act authorizing the construction of the Longmeadow Plank Road. Chap. 334 Be it enacted, &c., as follows :

SECTION 1. Henry J. Crooks, Rial Strickland, Burgess Corporators. Salisbury, their associates and successors, are hereby created a corporation, under the name of the Longmeadow Plank Road, for the purpose of constructing a plank road from the south line of the town of Longmeadow, near the Baptist Location. meeting-house, and from thence through the town of Springfield to Chicopee River, at some point near the village of Cabotville or Chicopee Falls, with authority also to build a branch road from near the meeting-house in South Wilbraham, to intersect the aforesaid road, south-easterly of the Congregational church in Longmeadow.

SECTION 2. The said corporation may use, for the con- May use any struction of the said road, the route of any highway or highway. town way, without making compensation therefor: provided, Proviso. that the county commissioners of the county of Hampden, and the selectmen of the several towns through which the said road is contemplated to be constructed, shall consent in writing thereto, a copy of which shall be filed with the clerk of the courts in the said county.

SECTION 3. The construction of the said road shall be subject to apsubject to the approval of the county commissioners afore- proval of county said, and whenever the whole or any part of the said road shall have been completed, the said commissioners may Tolls. authorize the erection of gates and the taking of tolls.

SECTION 4. The by-laws of the said corporation, the rates Subject to apof toll to be taken upon the said road, and the places for proval of court or

the erection of toll gates, shall be subject to the approval of

the court of common pleas for the county aforesaid. Capital stock. SECTION 5. The capital stock of the said corporation

shall not exceed twenty-five thousand dollars, to be divided No share to be into shares of twenty-five dollars each, and no shares in the than par value. said capital stock shall be issued for a less sum or amount,

to be actually paid in on each, than the par value of the

shares which shall be first issued. Term. .

SECTION 6. The said corporation are hereby chartered for the term of twenty-five years from the passage of this act, during which time they shall be subject to such restrictions and liabilities as turnpike corporations are by law subjected.

May 24, 1851.

Chap. 335

Authorized to construct in five mile sections.

Proviso.

(1850, 268.]
An Act concerning the Midland Railroad Company.
Be it enacted, 8c., as follows :

SECTION 1. The Midland Railroad Company are hereby authorized to construct their railroad in sections, of not less than five miles each, commencing at the South Dedham termination of the said railroad: provided, however, that the said company shall not commence the construction of any portion of the said road within ten miles of the said South Dedham termination of such road, until an amount of stock equal to fifteen thousand dollars, for each and every mile so to be commenced, shall have been subscribed by responsible parties, and twenty per cent. thereof actually paid in to the treasurer of the said company: and provided, also, that the said company shall not commence the construction of their road between a point on the line of the said road ten miles from said South Dedham termination, and the termination of the said road in Boston, until the whole capital of the said road shall have been subscribed by responsible parties, and twenty per cent. thereof actually paid in to the treasurer of the said company.

SECTION 2. All acts or parts of acts inconsistent herewith are hereby repealed.

May 24, 1851. [1852, 47 ; 1853, 311; 1854, 421, 447.)

Proviso.

Repealed.

[1838, 32.] Chap. 336 An Act to authorize the County Commissioners of Middlesex County

to exercise certain powers in Chelsea and North Chelsea, in Suffolk

County.

Be it enacted, fc., as follows : Powers relating SECTION 1. All the powers granted to the court of coma bridge in Chel: mon pleas in the county of Suffolk by the Revised Statutes, sea, transferred to chapter twenty-fourth, section fifty-seventh and fifty-eighth,

respecting ways in the town of Chelsea ; and by an act

to

sioners.

passed March eighth, eighteen hundred thirty-eight, to authorize the construction of a bridge over Green's Creek, in said town of Chelsea, are hereby transferred to the county commissioners of the county of Middlesex, and the same powers are to extend to and be exercised over North Chelsea, that being, at the time of the passage of the aforesaid acts, a part of Chelsea.

SECTION 2. The county commissioners aforesaid are same as to North hereby further authorized to exercise all the powers and Chelsea. perform all the duties in the towns of Chelsea and North Chelsea, in the county of Suffolk, that they are now authorized to do in the several towns in the county of Middlesex in relation to highways.

SECTION 3. The commissioners aforesaid are further Draws may be authorized to cause the owners of any bridge or bridges orer Chelsea Creek to make a draw or draws of sufficient width for the passage of vessels having occasion to pass the same: provided, however, that nothing in this act shall be so construed as to affect any suit or suits now pending in the courts of this Commonwealth.

May 24, 1851.

ordered.

council.

[1821, 110.) Ax Act in relation to the Organization and Powers of the City Council Chap. 337

of the City of Boston. Be it enacted, 8-c., as follows :

SECTION 1. Whenever the mayor and aldermen of the No street, &c., city of Boston shall adjudge that the public safety and con- &c., by mayor venience require that any street, lane or alley, in the said and oldermen; city, shall be laid out, altered, or discontinued, the order for rence of common such laying out, alteration, or discontinuance, together with au estimate of the expense thereof, shall be sent to the common council for their concurrence or rejection; and such order shall not take effect or be in force until the common council shall concur therein.

SECTION 2. No erection, alteration, or repair of any Before the ereccourt house, jail, house of correction, fire-proof office, order of any any other building for the purposes of the county of Suffolk, county buildings, or city of Boston, shall be made by the mayor and aldermen penditures shall of the said city, except as herein provided, to wit: whenever it over 85,000, be the mayor and aldermen shall, by vote, declare that such concurred in by erection, alteration, or repair, is necessary or expedient, they shall make and record an estimate of the expense thereof, and if such estimate shall exceed the sum of five thousand dollars, a copy of the said vote and estimate shall be sent to the common council for their concurrence, rejection, or amendment.

SECTION 3. The board of aldermen of the city of Boston Board of alder: shall, commencing with the ensuing municipal year, consist of twelve persons,

common council. ward.

Chap 338

one from each of twelve persons, one alderman and two assistant-assessors

from and in each ward, to be chosen sererally in and by the legal voters of the said ward, in the same form and manner, and at the same time, as now provided by law for the election of members of the common council, and all acts or

parts of acts inconsistent herewith are repealed. This set must be approved by ma

SECTION 1. This act shall not go into effect unless it be jority of voters. approved by a majority of the legal soters of the city of

Boston, voting thercon by yeas and nays, in their respective wards, at the annual election of state officers in November next; and the mayor and aldermen of the said city shall insert in the warrant, for the aforesaid election, an article submitting the aforesaid question to the decision of the said legal voters of the city of Boston.

Jay 21, 1851. [1854, 448.] Ay Act concerning the Wier Bridge in Taunton.

Be it enacted, &c., as follows : Town required to SECTION 1. Within three months after the passage of this enlarge ihe Wier bridge. act, the town of Taunton shall be and is hereby required to

alter, enlarge, and reconstruct, the bridge over Taunton River, at the Wier Village in said Taunton, in such manner as shall afford not less than twenty-five feet space between the piers by the eastern channel, and not less than the same space by the middle channel, and which shall give not less than two and a half feet additional space between the bridge and water over the eastern channel, and not less than two feet additional space over the middle channel, more than is provided by the present bridge for the passage of vessels and merchandise; and all damage occasioned by such alteration, enlargement, or reconstruction, shall be paid and allowed by the order of the county commissioners of the county of Bristol, out of the county treasury, in the manner

provided by law in case of the alteration or discontinuance Expenses to be al- of highways; and the expenses of said alteration, enlargecommissioners, ment, and reconstruction, shall be paid by the said town of and paid by their Taunton, or from the county treasury, in whole or in part,

as the county commissioners, exercising their discretion pursuant to the provisions of the forty-sixth section of the twenty-fourth chapter of the Revised Statutes, shall direct.

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

May 24, 1851.

What size, &c.

direction.

Chap 341

[1846, 79; 1847, 239; 1848, 263; 1819, 7,199; 1851, 125, 128.] An Act to authorize the Essex Railroad Company to issue Bonds. Be it enacted, &c., as follows :

SECTION 1. The Essex Railroad Company are hereby mort: authorized to borrow money, to an amount not exceeding

Authorized to borrow $350,000, and may

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