Increase of capital stock.

Mode of payment of additional capital.

Name changed.

Number of di

ed.

created by an act passed on the fifth day of June, in the year of our Lord one thousand eight hundred and thirty, be, and the same hereby is authorized and empowered to change the place established for the location of the said corporation, and that the said corporation be, on and after the twentieth day of June current, established in the city of Boston, and therein empowered to do and transact all business as a corporation, which, in and by said act, said corporation is now empowered to do at Charlestown in the county of Middlesex.

SECT. 2. Be it further enacted, That the said corporation be, and it hereby is authorized and empowered to increase its capital stock, by adding thereto one hundred thousand dollars; and that the number of shares be, and the same hereby are increased from one thousand to two thousand of one hundred dollars each.

SECT. 3. Be it further enacted, That one half part of the additional capital hereby created and allowed shall be paid in, in like manner as is provided for in the original act of incorporation, within sixty days from and after the acceptance of this additional act, and that the residue of such additional capital shall be paid in, within one year from the passing of this act, at such times, and in such instalments, and under such penalties as the president and directors shall, in their discretion, direct and appoint; and the said corporation shall proceed to do business on the additional capital according to the amount of capital stock actually paid in, and with the like limitations as are provided for in the said original act; and that, when the additional capital is all paid in, the same shall be held, invested and used in like manner, as is provided for in respect to the original capital stock, and, as though said original capital stock had been two hundred thousand dollars, instead of one hundred thousand dollars.

SECT. 4. Be it further enacted, That the said corporation shall assume, take and use the name of the Neptune Insurance Company in the city of Boston, and that all contracts, duties and liabilities whatsoever shall be binding upon and be performed by the said corporation, by the aforesaid name of the Neptune Insurance Company in the city of Boston, which may and should be performed, and which are now binding upon the said corporation by the name of the Charlestown Fire and Marine Insurance Company; and that said corporation, by the name of the Neptune Insurance Company in the city of Boston, shall have all the rights, and may exercise all the powers, and be subject to all the contracts, duties and liabilities, which it could and might exercise, or be subject to, under the name of the Charlestown Fire and Marine Insurance Company.

SECT. 5. Be it further enacted, That the number of the rectors increas directors of the said Neptune Insurance Company shall be increased to nine, who shall exercise all the powers, and be subject to all the duties, prescribed in the third section of the act to which this is in addition; and such additional directors shall be stockholders of the said corporation, and shall be chosen at such

time as the president and directors shall appoint, and hold their offices until the first Monday in May next, and until others shall

be chosen, and no longer.

SECT. 6. Be it further enacted, That the provisions of this When this act act shall not be binding on the said Charlestown Fire and Marine shall take effect. Insurance Company, unless the same shall be accepted at a meeting to be held by them, pursuant to notice to be given by the president and directors, for the same period, and in the same manner, as are provided in respect to meetings for the choice of directors, in the third section of the act to which this is in addi[June 15, 1831.]

tion.

An Act to annex certain land to the Town of Sutton, in the County of Worcester. Chap. 26.
BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,

That so much of the land belonging to Hammond Hewett and Description of
Alpheus Rawson, of Northbridge, in the county of Worcester, land annexed.
as lies and is situate north of a line beginning at the southeast
corner of the road leading by the said Hewett's house to the
house of said Rawson, at its intersection with the road passing
by the south baptist meeting-house, in said Sutton, to Douglas,
in said county of Worcester, a few rods north of the house of
Warren Batchelor, in said Douglas, thence south, eighty-two
degrees west, three hundred and eighty-four rods, to Mumford
river, so called, bounded on the west, north and east by said
town of Sutton, and south by said Douglas, be, and the same is
hereby set off from the said town of Northbridge, and annexed
to the said town of Sutton: provided, however, that the said
Hewett and Rawson, and their families, shall pay all taxes that
have been lawfully assessed on them by the town of Northbridge.
[June 15, 1831.]

An ACT to incorporate the West Stockbridge Rail-road Company. Chap. 27. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Henry B. Boynton, Robbins Kellogg, Miles Mor- Persons incorgan, Erastus Crocker, Lyman Hinman, Melancton Lewis and porated. Epaphroditus Cone, their associates, successors and assigns, be, and they hereby are made a body politic and corporate, with a

capital of forty thousand dollars, under the name of the West Capital stock. Stockbridge Rail-road Company, and by that name shall be and hereby are made capable in law to sue and to be sued to final judgment and execution, plead and be impleaded, defend and be defended, in any courts of record, or in any other place whatever, to make, have and use a common seal, and the same to break, renew or alter at pleasure, and shall be, and are hereby vested with all the powers, privileges and immunities, which are or may be necessary to carry into effect the purposes and objects

of this act, as herein after set forth; and the said corporation are Route of railhereby authorized and empowered to locate, construct and finally road. complete a rail-road, commencing at or near the village in West

Shares.

Directors.

Authorized to locate and construct a railroad.

Assessments.

Stockbridge, and running thence in a westerly or northwesterly direction, on the most eligible route through the northerly part of the said town of West Stockbridge, to the boundary line of the state of New York, in such manner and form, as they shall deem to be most expedient, and for this purpose the said corporation are authorized to lay out their road at least four rods wide through the whole length, and for the purpose of cuttings, embankments, and stone and gravel, may take as much more land as may be necessary for the proper construction and security of said road: provided, however, that all damages that may be occasioned to any person or corporation, by the taking of such land or materials for the purposes aforesaid, shall be paid for by said corporation in the manner herein after provided.

SECT. 2. Be it further enacted, That the capital stock of said corporation shall consist of one thousand shares, and the immediate government and direction of the affairs of the said corporation shall be vested in five directors, who shall be chosen by the members of the corporation in the manner herein after provided, and shall hold their offices until others shall be duly elected and qualified to take their places, as directors; and the said directors, a majority of whom shall form a quorum for the transaction of business, shall elect one of their number to be president of the board, who shall also be president of the corporation, and shall have authority to choose a clerk, who shall be sworn to the faithful discharge of his duty, and a treasurer, who shall give bonds to the corporation with sureties to the satisfaction of the directors, in a sum not less than ten thousand dollars, for the faithful discharge of his trust.

SECT. 3. Be it further enacted, That the president and directors for the time being are hereby authorized and empowered, by themselves or their agents, to exercise all the powers herein granted to the corporation for the purposes of locating, constructing and completing said rail-road, and all such other powers and authority for the management of the affairs of the corporation, not heretofore granted, as may be necessary and proper to carry into effect the objects of this grant, to purchase and hold lands, materials and other necessary things, in the name of the corporation, for the use of said road, to make such equal assessments, from time to time, on all the shares in said corporation, as they may deem expedient and necessary in the execution and progress of the work, and direct the same to be paid to the treasurer of the corporation, and the treasurer shall give notice of all such Delinquent sub- assessments, and in case any subscriber shall neglect to pay his assessment for the space of thirty days after due notice from the treasurer of said corporation, the directors may order the treasurer, after giving due notice thereof, to sell such share or shares at public auction to the highest bidder, and the same shall be transferred to the purchaser. And such delinquent subscriber shall be held accountable to the corporation for the balance, if his share or shares shall sell for less than the assessments due thereon, with the interest and costs of sale, and shall be entitled

scribers.

to the overplus, if his share or shares shall sell for more than the
assessment due, with interest and the cost of sale: provided, Proviso.
however, that no assessment shall be laid upon any shares in said
corporation of a greater amount in the whole than forty dollars
on each share.

SECT. 4. Be it further enacted, That the annual meeting of Annual meetthe members of said corporation shall be holden on the first ing. Wednesday of April, at such time and place as the directors for the time being shall appoint, at which meeting five directors shall be chosen by ballot, each proprietor being entitled to as many votes as he holds shares: provided, they do not amount to more Right of voting. than one fourth part of the whole number. And the three persons first named in this act, or any two of them, are hereby authorized to call the first meeting of said corporation, by giving notice in the Berkshire Journal, published in Lenox, of the time, place and purpose of said meeting, at least ten days before the time mentioned in such notice.

SECT. 5. Be it further enacted, That the said corporation Damages. shall be holden to pay all damages that may arise to any person or persons, corporation or corporations, for taking their land or materials for said rail-road, when it cannot be obtained by voluntary agreement, to be estimated and recovered in the manner provided by law for the recovery of damages happening by the laying out of highways.

&c., how taken.

SECT. 6. Be it further enacted, That when the lands, Land of infants, other property or estate of any femme covert, infant, or person non compos mentis, shall be necessary for the construction of said rail-road, the husband of such femme covert, and the guardian of such infant or person non compos mentis, may release all damages for any lands or estates taken and appropriated as aforesaid, as they might do if the same were holden by them in their own right respectively.

ries.

SECT. 7. Be it further enacted, That if any person shall Penalties for wilfully, maliciously or wantonly, and contrary to law, obstruct malicious injuthe passage of any carriage on said rail-road, or in any way spoil, injure or destroy said rail-road, or any part thereof, or any thing belonging thereto, or any material or implements to be employed in the construction or for the use of said road, he, she or they, or any person or persons assisting, aiding or abetting in such trespass, shall forfeit and pay to said corporation, for every such offence, treble such damages as shall be proved before the justice, court or jury before whom the trial shall be had, to be sued for and recovered, before any justice, or in any court proper to try the same, by the treasurer of the corporation, or other officer whom they may direct, to the use of said corporation. And such offender or offenders shall be liable to indictment by the grand inquest for the county of Berkshire, for any offence or offences contrary to the above provisions, and, on conviction thereof, before any court of common pleas to be holden in said county, shall pay a fine not exceeding one hundred dollars, and not less than thirty dollars, to the use of the Commonwealth, or 15

VOL. VII.

How rail-road shall be constructed across

vate ways.

may be imprisoned for a term not exceeding one year, at the discretion of the court before whom the conviction may be had. SECT. 8. Be it further enacted, That if the said rail-road, in the course thereof, shall cross any private way, the said corpublic or pri poration shall so construct said rail-road as not to obstruct the safe and convenient use of such private way; and if said rail-road shall not be so constructed, the party aggrieved shall be entitled to his action on the case, in any court proper to try the same, and shall recover his reasonable damages for such injury. And if the said rail-road shall, in the course thereof, cross any turnpike or other highway, the said rail-road shall be so constructed as not to impede or obstruct the safe and convenient use of such turnpike or other highway. And the said corporation shall have the power to raise or lower such turnpike, highway, or private way, so that the said rail-road, if necessary, may conveniently pass over or under the same; and if said corporation shall raise or lower any such turnpike, highway, or private way, pursuant thereto, and shall not so raise or lower the same, as to be satisfactory to the proprietors of such turnpike or to the selectmen of the town, as the case may be, said proprietors or selectmen may require altera- require, in writing, of said corporation, such alteration or amendment as they may think necessary. And if the required amendment or alteration be reasonable and proper, and the said corporation shall unnecessarily and unreasonably neglect to make the same, such proprietors or selectmen, as the case may be, may proceed to make such alteration or amendment, and may institute and prosecute to final judgment and execution, in any court proper to try the same, any action of the case against said corporation, and shall therein recover a reasonable indemnity in damages for all charges, disbursements, labour and services occasioned by making such alteration or amendment, with costs of suit.

Proprietors or

selectmen may

tions.

By-laws.

Tolls

SECT. 9. Be it further enacted, That the said corporation shall have power to make, ordain and establish all such by-laws, rules, regulations and ordinances, as they shall deem expedient and necessary to accomplish the designs and purposes, to carry into effect the provisions of this act, and for the well ordering, regulating and securing the interest and affairs of the corporation : provided, the same be not repugnant to the constitution and laws of this Commonwealth.

SECT. 10. Be it further enacted, That a toll be and hereby is granted and established for the sole benefit of said corporation, upon all passengers and property of all descriptions which may be conveyed or transported upon said road, at such rates per mile as may be agreed upon from time to time by the directors of said corporation. The transportation of persons and property, the construction of wheels, the form of cars and carriages, the weight of loads, and all other matters and things in relation to the use of said road, shall be in conformity to such rules, regulations and provisions as the directors shall from time to time prescribe and direct. And said road may be used by any persons who shall comply with such rules and regulations: provided,