of fishing. alewives, with seines or in nets, in Palmer's River, in the town of Rehoboth, in the county of Bristol, from the first day May sell privilege of April to the first day of July in each year: provided, that the inhabitants of Rehoboth may, at a legal meeting held for that purpose, dispose at public auction of the privilege of taking fish for that year, with scoop-nets and seines, only in said river, for the time aforesaid, to such person or persons as may offer the highest price for the same, and shall give sufficient security for the payment of the purchase money at such time and in such manner as the town shall direct. Conditions. Town may sell privilege in sec wise. Three nights each week with scoop-nets. SECTION 2. The said town may sell said privilege in sections, or other- tions, or otherwise, as the town may determine, and the purchaser or purchasers of any privilege or privileges of taking shad or alewives aforesaid, or those employed by him or them, may take any of said fish in said river, between Swanzey line and the Orleans dam, with scoop-nets, three nights in the week, beginning on Wednesday at sunset and ending at sunrise on Saturday of each week; and may also take said fish with not more than two seines to be used at Not more than the same time, and in the day time only, three days in each in daytime three week, beginning on Thursday morning at sunrise and ending days each week, on Saturday at sunset, in any part of said river between Swanzey line and Miller's Bridge (so called), on said river, in said Rehoboth: provided, however, that no shad or alewives shall be taken in any manner from said river after the first day of July in each year. two seines, and No shad, &c., to be taken after July 1. Town choose fish-wardens. Their duties. Authorized to pass over lands, &c. SECTION 3. The town of Rehoboth, at their annual meeting in March or April, may choose one or more suitable persons to serve as fish-wardens, who shall be sworn to the faithful discharge of their duties, and shall see this act enforced, and shall prosecute for all violations thereof; and it shall be the duty of the said fish-wardens to prevent and remove all obstructions in the course of the stream to the passing up and down of the fish during the season from the first day of April to the first day of July in each year; and the said wardens, or either of them, and also those who are lawfully employed in catching or buying the fish taken in said river, shall be authorized to go upon and pass over the lands of any person, through or by which said river runs, without being considered trespassers: provided, they shall so pass over and on said lands only at such times and places as the fish-wardens shall direct and prescribe, and only when such passing over and on said lands shall be necessary for the purpose of protecting said fishery and taking and selling the fish, and shall do no more damage to Penalty for mo- said lands than is indispensable for such proper use; and any person who shall wilfully hinder or molest the said war lesting wardens, &c. dens, or any person authorized by them in the necessary clearing of said river, and in the necessary and proper use of the lands on said stream, for protecting said fishery and taking or selling the fish, shall forfeit and pay not exceeding twenty dollars for each offence, to be recovered in the manner provided in the fourth section of this act. in river, &c. SECTION 4. If any person or persons, other than those Penalty for placwho have purchased a privilege, or privileges, shall fish with ing obstructions seine or nets at any time, or in any place or manner, or shall set any nets or seine, wear, or other obstruction, in said river, or in any part thereof, with intent to take or destroy any shad or alewives, he shall forfeit and pay twenty dollars for each offence, to be recovered to the use of the county in which the offence was committed, or by action of debt; onehalf to the use of the person complaining, and who shall give information that shall lead to the prosecution and conviction of any person guilty of a violation of the provisions. of this act, and the other half for the use of the town in which the offence shall be committed. SECTION 5. All laws heretofore passed relating to the Laws repealed. fishery and fishing in Palmer's River, within the limits of the town of Rehoboth, are hereby repealed. SECTION 6. This act shall take effect from and after its passage. April 3, 1852. Chap. 93. AN ACT to incorporate the Massachusetts College of Pharmacy. Be it enacted, &c., as follows: SECTION 1. Thomas Farrington, Joseph Burnett, George Corporators. S. Jones, and all such persons as are now members of an association known as the "Massachusetts College of Pharmacy," or shall hereafter become members of the same, are hereby constituted a corporation and body politic in law and in fact, to have continuance for twenty-five years, by the name of the "Massachusetts College of Pharmacy," for the Purpose. purpose of cultivating, improving, and making known the principles of pharmacy, its collateral branches of science, and the best modes of preparing medicines and their compounds, and of giving instruction in the same by public lectures; and may hold real and personal estate to an amount not exceeding twenty thousand dollars. Real and personal estate. SECTION 2. The said college may establish by-laws and May establish rules for its government and regulation, and for the preserva- by-laws, &c. tion and application of the funds thereof, not repugnant to the constitution and laws of the United States or the Commonwealth of Massachusetts, and shall have power to erect Power to erect an an edifice for their accommodation, and to constitute a faculty edifice and conor learned body, to consist of such head or heads, and such number of professors in chemistry, pharmacy, materia stitute a faculty. Power to remove and appoint others, &c. Officers, how elected. Vacancies, how filled. Trustees. Officers of the college er officio trustees. Rules, regulations, &c. Acts to be submitted to the col lege for revision, &c. Trustees may give certificates of membership medica, and the collateral sciences, as they may judge necessary, and whenever they shall see fit, to remove them or either of them, and to appoint others in their stead; and to do and perform all and singular, such acts as may be proper and necessary to the establishment of said college and faculty. SECTION 3. The officers of the college shall be a president, two vice-presidents, recording secretary, corresponding secretary, treasurer, and auditor, whose respective duties may be assigned by the by-laws, and who shall be elected either by printed or written ballots at the stated annual meeting on the first Monday in March of each year; and any vacancy may be filled by a special election by the members of said college. There shall also be elected at said annual meeting, eight trustees, whose duties may be designated by the bylaws, and who, with the other officers of the college, shall serve one year, or until others are chosen to fill their place. The officers of the college shall be ex officio members of the board of trustees, and said conjoint board, of which not less than five shall constitute a quorum, shall conduct the ordinary affairs of the college. The said board may elect their own chairman and secretary, who shall keep a record of their proceedings. They may make such rules and regulations, and do such other things necessary for the support and government of the college of pharmacy, as they may deem fit and proper, and perform such duties as are or may be from time to time committed to them by said college; their acts, however, to be submitted to the college for revision at each stated meeting of the college. SECTION 4. The board of trustees shall have power to issue certificates of membership, to adopt rules and regulations in and diplomas, &c the examination of candidates, and the granting of diplomas to those who shall have attended two courses of lectures of the college, and have studied not less than four years with one or more respectable druggist or apothecary, or shall have undergone a satisfactory examination by the trustees and professors of the college. College may issue scrip, stock, execute bonds, &c. Officers to hold until others are chosen. SECTION 5. The college may have the right to issue scrip, stock; execute bonds, mortgages, conveyances; and to sell its property, whether in real estate, books, productions of nature or art, under the common seal of said college and acknowledged by its president, or in any way dispose of its possessions so as to promote pharmaceutical education and the mutual advancement of its members, and the elevation of the art and business of the apothecary and pharmaceutist in the community. SECTION 6. If the annual election for officers of the college and members of the board of trustees for any cause shall not be held on the day before mentioned, the said corporation shall not be thereby dissolved, but the officers and trustees shall continue in office until a new election. duties. SECTION 7. The corporation hereby created, shall be Powers and subject to the provisions and possess the general powers specified in reference to kindred and educational societies, in the Revised Statutes of the Commonwealth, and the legisla- Legislature may ture may at any time modify, alter, or repeal this act. [1850, 58.] modify or repeal. April 3, 1852. Chap. 94. AN ACT to establish the City of Springfield. Springfield corporate as Be it enacted, &c., as follows: SECTION 1. The inhabitants of the town of Springfield Inhabitants of shall continue to be a body politic and corporate, under the made a body name of the city of Springfield, and, as such, shall have, the city of exercise, and enjoy all the rights, immunities, powers, and Springfield. privileges, and be subject to all the duties and obligations now incumbent upon, and appertaining to, said town as a municipal corporation. vested in a SECTION 2. The administration of the fiscal, prudential, Government and municipal affairs of said city, and the government mayor, eight thereof, shall be vested in one principal officer, to be styled armen, and the mayor; one council of eight, to be called the board of councilmen. aldermen; and one council of eighteen, to be called the common council, which boards, in their joint capacity, shall be denominated the city council, and the members thereof shall be sworn to the faithful performance of the duties of their respective offices. A majority of each board shall con- Quorum. stitute a quorum for the transaction of business, and no No compensamember of either board shall receive any compensation for tion. his services. All the powers now vested by law in the town Powers vested in of Springfield, or in the inhabitants thereof, as a municipal corporation. corporation, shall be vested in the city council, and shall be exercised by concurrent vote, each board having a negative on the other. the municipal chosen by ballot at the meeting charter, who town into eight SECTION 3. A board of five men shall be chosen by ballot Five men to be by the inhabitants of the town of Springfield, at the town meeting to be held for the purpose of voting upon the for accepting acceptance of this act, according to the provisions of the shall divide the thirty-sixth section of this act, an article being inserted in wards. the warrant for said meeting for that purpose, and said board of five men thus chosen, as soon as may be after they are thus chosen, and after the acceptance of this act by the inhabitants, as hereinafter provided, shall divide said town into eight wards, in a convenient manner, so as best to accommodate the inhabitants of the several wards, to meet within the same for municipal purposes. And they shall members of common council revise wards once in five years. Shall apportion then apportion the members of the common council among the several wards, by first assigning to each ward one member, and dividing the residue, as near as may be convenient and equitable, according to the population of the City council shall several wards. The city council first chosen after this act shall take effect, and thereafter, once in five years, and not oftener, shall revise, and, if it be needful, alter said wards in such manner as may be most convenient to the inhabitants, and shall re-apportion the members of the common council among the several wards, according to the principles herein prescribed for the original division and apportionment by the said board of five men. Election of wardens, clerks, first Monday in December. side, or the clerk until, &c. Clerk pro SECTION 4. On the first Monday of December, annually, and inspectors on there shall be chosen by ballot, in each of said wards, a warden, clerk, and three inspectors of elections, residents of the wards in which they are chosen, who shall hold their offices for one year and until others have been chosen in Warden to pre- their places, and qualified to act. The warden shall preside in his absence at all meetings, with the powers of moderator of town meetings. And if the warden shall not be present, the clerk shall preside until a warden, pro tempore, shall be chosen by baltem. lot. lf, at any meeting, the clerk shall not be present, a clerk, pro tempore, shall be chosen by ballot. The clerk shall record all the proceedings, and certify the votes given, and deliver over to his successor all such records and journals, together with all other documents and papers, held by Duties of inspect him in said capacity. The inspectors of elections shall assist the warden in receiving, assorting, and counting the votes. And the warden, clerk, and inspectors shall respectively make oath faithfully and impartially to discharge their several duties relative to all elections, which oath may be administered by the clerk to the warden, and by the warden to the clerk and inspectors, or by any justice of the peace for the county of Hampden. A certificate that said oaths have been taken shall be entered upon the records of the ward, by the clerk. All warrants for the meetings of the citizens for municipal purposes, to be held either in wards or in general meetings, shall be issued by the mayor and aldermen, and shall be in such form, and be served, executed, and returned in such manner, and at such times, as the city council may by any by-law direct. ors. Oaths of ward officers, how administered. Warrants for meetings, how &c. City officers, how elected; where resident. SECTION 5. The mayor and aldermen, not more than two aldermen being residents of any one ward, the city clerk, city treasurer, and a school committee of eight persons, one of whom shall be taken from each ward, shall be elected at large, by the qualified voters of the city, voting in their respective wards. And the common councilmen shall be elected from and by each ward, being residents in the wards |