Powers.

1831 ch. 69.

Penalty for wil

of tombs, &c.

tural Society, a legal conveyance of the said garden and cemetery at Mount Auburn, the Massachusetts Horticultural Society shall cease to have any rights, powers and authorities over the same, and all the rights, powers and authorities, trusts, immunities and privileges, conferred upon the said society, and upon the proprietors of lots in the said cemetery, in and by virtue of the first section of the statute of the year one thousand eight hundred and thirty-one, chapter sixty-nine, shall be transferred to, and exercised by the corporation created by this act; and the same shall to all intents and purposes apply to the said corporation, and all proprietors of lots in the said cemetery, with the same force and effect as if the same were herein specially enacted, and the said corporation substituted for the Massachusetts horticultural society hereby.

SECT. 7.

Be it further enacted, That any person who shall ful destruction wilfully destroy, mutilate, deface, injure, or remove any tomb, monument, grave-stone, or other structure, placed in the cemetery aforesaid, or any fence, railing, or other work for the protection or ornament of any tomb, monument, grave-stone, or other structure aforesaid, or of any cemetery lot, within the limits of the garden and cemetery aforesaid, or shall wilfully destroy, remove, cut, break or injure any tree, shrub or plant, within the limits of the said garden and cemetery, or shall shoot or discharge any gun or other fire-arm within the said limits, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, before any justice of the peace, or other court of competent jurisdiction, within the county of Middlesex, be punished by a fine not less than five dollars, nor more than fifty dollars, according Offender liable to the nature and aggravation of the offence; and such offender in an action of shall also be liable in an action of trespass, to be brought against him in any court of competent jurisdiction, in the name of the proprietors of the cemetery of Mount Auburn, to pay all such damages as shall have been occasioned by his unlawful act or acts, which money, when recovered, shall be applied by the said corporation, under the direction of the board of trustees, to the reparation and restoration of the property destroyed, or injured as above, and members of the said corporation shall be competent witnesses in such suits.

trespass.

Lots to be indi. visible.

Trustees may

SECT. 8. Be it further enacted, That the lots in said cemetery shall be indivisible, and upon the death of any proprietor of any lot in the said cemetery, containing not less than three hundred square feet, the devisee of such lot, or the heir at law, as the case may be, shall be entitled to all the privileges of membership as aforesaid; and if there be more than one devisee or heir designate repre- at law, of such lot, the board of trustees for the time being shall designate which of the said devisees or heirs at law shall reprelots, &c. sent the said lot, and vote in the meetings of the corporation, which designation shall continue in force until, by death, removal, or other sufficient cause, another designation shall become necessary; and in making such designation, the trustees shall, as far as they conveniently may, give the preference to males over fe

sentatives of

males, and to proximity of blood and priority of age, having due regard, however, to proximity of residence.

grant of prop

&c.

SECT. 9. Be it further enacted, That it shall be lawful for Corporation the said corporation to take and hold any grant, donation or be- may take any quest of property, upon trust, to apply the income thereof, under erty upon trust, the direction of the board of trustees, for the improvement or embellishment of the said cemetery, or of the garden adjacent thereto, or of any buildings, structures or fences, erected or to be erected upon the lands of the said corporation, or of any individual proprietor of a lot in the cemetery, or for the repair, preservation, or renewal of any tomb, monument, grave-stone, fence or railing, or other erection, in or around any cemetery lot, or for the planting and cultivation of trees, shrubs, flowers or plants, in or around any cemetery lot, according to the terms of such grant, donation or bequest; and the supreme judicial court Supreme court in this Commonwealth, or any other court therein, having equity may compel performance of jurisdiction, shall have full power and jurisdiction, to compel the said trusts, &c. due performance of the said trusts, or any of them, upon a bill filed by a proprietor of any lot in the said cemetery for that purpose.

plied.

SECT. 10. Be it further enacted, as follows: First, that the present proprietors of lots in the said cemetery, who shall become members of the corporation created by this act, shall thenceforth cease to be members of the said horticultural society, so far as their membership therein depends on their being proprietors of lots in the said cemetery. Secondly, that the sales of Sales of lots. the cemetery lots shall continue to be made as fast as it is practicable by the corporation, created by this act, at a price not less than the sum of sixty dollars for every lot containing three hundred square feet, and so in proportion for any greater or less. quantity, unless the said horticultural society, and the corporation created by this act, shall mutually agree to sell the same at a less price. Thirdly, that the proceeds of the first sales of such lots, Proceeds of after deducting the annual expenses of the cemetery establish- sales, how apment, shall be applied to the extinguishment of the present debts due by the said horticultural society on account of the said garden and cemetery, and after the extinguishment of the said debts, the balance of the said proceeds, and the proceeds of all future sales, shall annually, on the first Monday in every year, be divided between the said horticultural society and the corporation created by this act, in manner following, namely: fourteen hundred dollars shall be first deducted from the gross proceeds of the sales of lots, during the preceding year, for the purpose of defraying the superintendent's salary and other incidental expenses of the cemetery establishment, and the residue of the said gross proceeds shall be divided between the said horticultural society and the corporation created by this act, as follows, namely one fourth part thereof shall be received by and paid over to the said horticultural society, on the first Monday of January, of every year, and the remaining three fourth parts shall be retained and held by the corporation created by this act, to their own use

Appropriation

of money received by hor

ticultural soci

ety,

-by this corpo

ration.

First meeting.

forever. And if the sales of any year shall be less than fourteen hundred dollars, then the deficiency shall be a charge on the sales of the succeeding year or years. Fourthly, the money so received by the said horticultural society shall be forever devoted and applied by the said society to the purposes of an experimental garden, and to promote the art and science of horticulture, and for no other purpose. And the money so retained by the corporation created by this act, shall be forever devoted and applied to the preservation, improvement, embellishment and enlargement of the said cemetery and garden, and the incidental expenses thereof, and for no other purpose whatsoever. Fifthly, a committee of the said horticultural society, duly appointed for this purpose, shall, on the first Monday of January, of every year, have a right to inspect and examine the books and accounts of the treasurer, or other officer acting as treasurer of the corporation created by this act, as far as may be necessary to ascertain the sales of lots of the preceding year.

SECT. 11. Be it further enacted, That any three or more of the persons named in this act shall have authority to call the first meeting of the said corporation, by an advertisement in one or more newspapers printed in the city of Boston, seven days at least before the time of holding such meeting, and specifying the time and place thereof. And all proprietors of lots, who shall before, at, or during the time of holding such meeting, by writing, assent to this act, shall be entitled to vote in person or by proxy, at the said first meeting. And at such meeting, or any adjournment thereof, any elections may be had, and any business done, which are herein authorized to be had and done at an annual meeting, although the same may not be specified in the notice for the said meeting. And the first board of trustees, chosen at the said meeting, shall continue in office until the annual meeting of the said corporation next ensuing their choice, and until another board are chosen in their stead, in pursuance of this act. Be it further enacted, That the said cemempt from tax- etery shall be, and hereby is declared exempted from all public taxes, so long as the same shall remain dedicated to the purposes of a cemetery. [March 31, 1835.]

Cemetery ex

es.

Chap. 97.

porated.

SECT. 12.

An ACT to establish the Miller's River Bridge Corporation. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of Persons incor- the same, That Patrick T. Jackson, Benjamin R. Nichols and Charles R. Lowell, their associates, successors and assigns, be, and they are hereby made a corporation, by the name of the Miller's River Bridge Corporation, for the purpose of locating building, and completing a bridge across Miller's river, in the direction of Bridge street, in that part of Cambridge called East Cambridge, and following that direction till it reaches the Barrell Farm, so called, in Charlestown, the said bridge to be built of good and sufficient materials, and to be not less than forty feet in width, from outside to outside.

SECT. 2. Be it further enacted, That the said corporation Damages. shall be holden to pay all damages that may arise to any person or persons, whose real estate shall be taken for the use of said bridge, the same to be estimated and recovered in the manner provided by law for the recovery of damages happening by the laying out of highways.

Foot passen

from toll.

&c.

SECT. 3. Be it further enacted, That a toll be, and hereby Tolls. is granted and established for the sole benefit of said corporation, upon all passengers and property which may be conveyed or transported upon said bridge, the rates to be one half of those mentioned in the third section of the statute of the year one thousand seven hundred and eighty-four, chapter fifty-three, in- 1784 ch. 53. corporating the proprietors of Charles River bridge: provided, however, that no toll shall be taken for foot passengers passing gers exempt the same; and when the said corporation shall be reimbursed by said toll, after deducting all expenses for the money by them expended in and about the building of said bridge, with lawful interest thereon, they shall make no further dividends; and when Bridge, when they shall thereafter have raised from said toll a fund sufficient, to become free, in the opinion of the county commissioners, for the county of Middlesex, to keep said bridge in permanent repair, the said toll shall cease, and the said bridge shall become free for the use of the public. And the said corporation shall pay over to the treasurer of said county the fund so raised for keeping said bridge in repair, and the said treasurer shall, under the direction of said county commissioners, invest the same on good security, and keep the same so invested from time to time; and the interest and income of said fund, so far as the same shall be needed therefor, shall be applied from time to time for that purpose, under the direction of the said county commissioners; and such part thereof as shall not be necessary therefor, in any one year, shall be added to the principal, and invested in the same way, until the same shall be needed for the repair or rebuilding of said bridge.

SECT. 4. Be it further enacted, That it shall be the duty of said corporation, as soon as said bridge is completed, to make to the governor and council an exhibit of the cost of the same, which shall not exceed the sum of seven thousand dollars, and on the second Monday of January, annually, to exhibit to the governor and council a statement of the profits accruing from the toll, stating particularly the amount of money received, and the amount expended, the expenses in no case to exceed one thousand dollars annually; and all said statements shall be sworn to by the treasurer. And if said corporation shall not, within three years from the passage of this act, locate, build, and complete said bridge, agreeably to the provisions aforesaid, then this act shall be void.

Corporation to

make return of the cost of build

ing bridge, &c.

Condition of

this act.

SECT. 5. Be it further enacted, That the towns of Cam- Purchase of the bridge and Charlestown, and the county of Middlesex, or any bridge. or either of them, may at any time purchase said bridge of said corporation, by paying them the cost thereof with interest, de

&c.

ducting the net receipts from the toll as aforesaid, in which case the said bridge shall become free for the use of the public; and Purchasers lia- the purchaser or purchasers shall thereafter keep the same in ble for injuries, permanent repair, and shall be liable for any injury which may be caused through any defect or want of necessary repair of said bridge, in the same manner as towns are now by law liable for any injuries caused through any defect or want of necessary repair of common highways and bridges; and whenever the said bridge shall become free as aforesaid, all the obligations herein imposed upon said corporation to keep and maintain the same in repair, shall thereafter cease.

First meeting.

Clerk.

Treasurer.

By-laws.

SECT. 6. Be it further enacted, That either of the persons named in this act, is authorized to call the first meeting of said corporation, by causing notice thereof to be published in one or more of the newspapers printed in Charlestown or Boston, or by giving personal notice to each stockholder, seven days at least prior to said meeting. And said stockholders by a vote of a majority of those present, or represented by proxy, at said meeting, allowing one vote to each share, shall choose a clerk and treasurer, who shall be sworn to a faithful discharge of the duties of their respective offices; the treasurer to give bonds of not less than two thousand dollars, with sufficient sureties; and said offices may be united in one person, if the stockholders shall so elect; and at the same or any subsequent meeting, said corporation may make and establish any by-laws, rules and regulations, not repugnant to the constitution and laws of the Commonwealth, that shall be necessary or convenient for effecting the purposes aforesaid, and for collecting the toll herein before granted, and the same by-laws, rules and regulations, may cause to be kept and executed, or for the breach thereof, may order fines and penalties not exceeding ten dollars : provided, that any such by-law which imposes a penalty for its violation, shall be first approved by the county commissioners of the county of Middlesex. The said stockholders may also choose and appoint any other officer or officers of said corporaAct, &c., to be tion, that may be deemed necessary. And this act, and all bylaws and votes of the said corporation, shall be fairly recorded by their clerk, in a book or books, for that purpose provided and kept, which book or books shall be subject to the inspection of any person or persons for that purpose appointed by the legislature or by the governor and council. [March 31, 1835.] Chap. 98. An ACT to authorize the United States to take or purchase a site for a Light-house on

Proviso.

recorded by clerk.

United States may purchase or take land for a light-house.

the Neck in Marblehead, and to cede the jurisdiction of the same.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the United States of America may purchase or take, as herein after provided, any tract of land, which shall be found necessary or convenient for the light-house authorized by congress to be erected at Marblehead, within this Commonwealth; and during the appropriation of said tract of land, to the purpose