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with the same rights, powers and duties, as if the said asso-
ciation had been organized within the time prescribed by
the ninety-fourth chapter of the statutes of the year eighteen
hundred and forty-two ; and said association, when so organ-
ized, shall be deemed and taken to be a corporation, and
entitled to all the privileges, and subject to all the provisions
applicable to law library associations, created under, and
pursuant to the act aforesaid. [^Approved by the Governor,
May 24, 1856.]



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108 1856.— Chaptebs 185, 186, 187, 188.

Chap. 185 ' -^ ^^^^ i^ rdation to Sheiifb and their Deputies.

Be it enacted by the SeruUe and House of Representor
iives, in General Court assembled^ and by the authority of
the same J as follows:

VMfortraTei. Every sheriff and deputy-sheriff who shall attend on any
court of record, or at any meeting of the county commis-
sioners, by their order, shall be allowed for his travel, out
and home, four cents a mile, once during each week that
they may be in attendance. [Approved by the Governor^
May 24, 1856.]

Chat>. 186 "^^ '^^ concerning Idle and Disorderlj Persons.

Be it enacted by the Senate and House of Representor
tiveSy in General Court assembled^ and by the authority of
the samCy as follows :

Aetdefined. The words "idle and disorderly persons," in the fifth

section of the one hundred and forty-third chapter of the
Revised Statutes, shall be held to include all persons, who
neglect all lawful business, and habitually misspend their
time, by frequenting houses of ill fame, gaming-houses or
tipling shops. [A^roved by the Governor, May 24, 1856.]

Chap, 187 ^^ ^^ ^^ addition to an Act to incorporate the Cutting Machine Mannfac-
■^ tnring Company.

Be it enacted by the Senate and House of Representa-
tives , in General Court assembled , and by the authority of
the same, as follows :

Additioiua Sect. 1. The Cutting Machine Manufacturing Company,

poifera. jj^ addition to their present powers, are hereby authorized to

do repair work, and make such machines as may be con-
nected with the manufacture and use of their cutting ma-
chines.

Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, May 24, 1856.]

Chap, 188 "^^ ^^ ^ enable parties in Civil Actions to be Witnesses therein.

Be it enacted by the Senate and House of Representor
lives, in General Court assembled, and by the authority of
the same, as follows :

partiMinaetioni Parties iu all civil actions may be admitted to testify in

m»y teBtiiy, &c. ^|^qjj. q^jj favoT, and may be called as witnesses by the oppo-

ProTiw. site party : provided, that no party so testifying shall be

compelled to criminate himself; and provided, also, where

the original party to the contract, or cause of action, is dead,



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1856.— Chapter 189. 109

or when an executor or administrator is a party to the suit,
the other party Aall not be admitted to testify. [Approved
by the Governor, May 26, 1866.]

An Act in addition to an Act to supply the City of Worcester with Pure Chuj)* 189

Water. ^

' Be it enacted by the Senate and House of Representa- -
tives, in General Court assembled^ and by the authority of
the same J as follows :

Sect. 1. The city of Worcester is hereby authorized and water, wh«re ob-
empowered to take and convey into and through the said
city, the waters of Kettle Brook, so called, in the south-
westerly part of said city, the waters of the same to be taken
from said brook at a point about two miles from the village
of New Worcester, so called, by an aqueduct, direct into
said city, or at a point higher up said brook, in the town of
Leicester, and conducted by an artificial channel into Hen-
shaw Pond, so called, in said town of Leicester, and so
through said pond and along with the waters of said pond
into said city ; or, take the waters of Half-way River, so
called, in the southerly part of Worcester, from a pond
raised by means of a dam across the valley of said river ;
or, to take water from Mill Brook or vicinity, so called,
in the northerly part of Worcester, or from Quinsigamond
Pond, so called, in the easterly part of said Worcester, as
the city council may elect, and to take and hold any water
that may flow into any of said ponds or streams, or into and
from either of the above water-courses, and any water-rights
connected therewith, and any lands or estates necessary for
the laying out and maintaining an aqueduct for conducting
the waters from either of said sources to said city, and for
forming reservoirs ; and may also take and hold land around May how umd,
the margin of either of said ponds, or around any reser-
voirs or water-sources which they may possess or create, in
the valleys of said brooks, for the purpose of supplying the
said city with pure water.

Sect. 2. The said city of Worcester mc^ make and build M»y b^d aque-
an aqueduct from either of the aforesaid sources of supply, *"^*'
to, into and through the said city, and secure and maintain
the same by any works suitable therefor ; may erect and
maintain a dam or dams at the outlet of either of said ponds,
and across the valleys of either of said brooks, at the points
above mentioned, and at other points above the same, to
raise and retain the waters therein; and may erect and
maintain reservoirs, enlarge and alter water-courses, make
and mwitain hydrants in such places as may be deemed



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no



1856.— Chapter 189.



City to appoint



5 r toll



ecilp.



proper ; may distribute the waters through the citjj and for
that purpose may lay down pipes through and across any
street, road or highway, or over and across lauds to any
buildings in said city ; may regulate the use of the water,
and establish and fix rents or rates for the consumption and
use thereof; and for the purposes aforesaid, the city may
conduct said aqueduct over, under or across, or along any
street, highway, or other way, in such manner as not to ob-
struct travel thereon ; and may enter upon and dig up any
such road, street or highway, by consent of the town in
which the same may be located, for the purpose of laying
down pipes beneath the surface of the same, and for the
repairing thereof.

Sect. 3. The rights, powers and authority, given by this
act, shall be exercised by the city of Worcester, subject to
the restrictions, duties and liabilities, herein contained, in
such manner, and by such officers, servants and agents, as
the city council shall, from time to time, ordain, appoint and
direct.

Sect. 4. For the purpose of defraying the cost of such
land, water and water-rights so taken and held as aforesaid,
and of constructing and maintsiining said aqueduct, reser-
voirs and works necessary for the accomplishment of the
end contemplated by this act, and all expenses incident
thereto, the city council shall have authority to borrow, from
time to time, such sums of money, and ta issue bonds, not^
or certificates, therefor, to be denominated on the face
thereof, Worcester Water Scrip, to an amount not exceed-
ing three hundred and fifty thousand dollars, bearing inter-
whoD payable, cst uot cxcecding six per cent., payable semi-annually, and
the principal to be made payable at periods not less than ten
years from the date thereof; and the city council may sell
the whole or any part of said scrip, from time to time, or
pledge the same for money borrowed for the purposes of
this act, on such terms and conditions as it shall deem proper.
And the said city council is hereby further authorized to grant
appropriations, and assess, from time to time, such sums of
money, not exceeding in any one year the sum of ten thou-
sand dollars, towards paying the principal of the moneys so
borrowed, besides a sum sufficient to pay the interest thereof,
in the same manner as moneys are appropriated and assessed
for other city purposes.

Sect. 5. To enable the city council to pay the interest
as it may accrue upon said scrip, and ultimately the princi-
pal thereof, it shall be lawful for the said council to fix and
establish the price or rate which shall be paid for the use of



Price of water.



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1856.-— Chapter 190. HI

any part of said water, by any taker thereof in said city,
and the same to alter, from time to time, as may be deemed
expedient.

Sect. 6. If any person shall wantonly or maliciously Penjity for di-
divert the waters, or any part thereof, from any of the ponds, Tc. °* ^ ^*
brooks, reservoirs or water-sources, which shall be taken by
the city pursuant to the provisions of this act, or shall cor-
rupt the same, or destroy or injure any dam, aqueduct, con-
duit, pipe, hydrant or other property held and used by the
city by authority and for the purpose of this act, every such
person or persons shall forfeit and pay to the said city of
Worcester, three times the amount of the damages that
shall be sustained thereby, to be recovered in any proper
action ; and upon indictment and conviction for either of
said acts, shall be punished by a fine not exceeding one
thousand dollars, and by imprisonment in the house of cor-
rection of the county not exceeding one year.

Sect. 7. All damages which may be sustained by reason |^2IS?*Md
of the taking by said city of any of the ponds or brooks paid,
aforementioned, or of the water thereof, or the water-rights
connected therewith, or of diverting any portion of said
water from its natural channel into other channels, or of
erecting and maintaining any dam or reservoir, or digging
up any land, street, road or highway, and entering upon the
same for laying, repairing and maintaining pipes, conduits,
hydrants, and other apparatus necessary thereto, shall be paid
by the said city of Worcester to the individual or corporation
injured, which damages shall be assessed in the same man-
ner as is provided in the twenty-fourth chapter of the Revised
Statutes with regard to highways.

Sect. 8. The provisions of this act shall be void unless Act wwunij^
submitted to, and approved by, the voters of the city of ''^^"^ '
Worcester, at meetings held simultaneously for that purpose,
in the several wards, ujx)n notice duly given, at least seven
days before the time of holding said meetings. lApproved
by the Governor, Map 26, 1856.]

An Act in addition to an Act to incorporate the Worcester Coiintj Mechan- Chuv, 190
ics' Association.

Be it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :

The Worcester County Mechanics' Association may hold Additional i«i
real estate to an amount not exceeding fifty thousand dol-
lars, in addition to the sum specified in the sixty-sixth chap-
ter of the acts of the year one thousand eight hundred and
fifty. \^Approved by the Governor, May 28, 1856.]



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112 1856.— Chapters 191, 192, 193.

Chap, 191 -^ ^^ ^ inoorponite the Homoeopathic Medical Dispenaaiy.

Be it enacted by the SeruUe and House of RepresetUa-
tiveSy in General Court assembled^ and by the authority of
the same^ as follows :

corponoow. Sect. 1. Johii H. Willcins, Charles B. Hall, Jacob

Sleeper, of Boston, together with their associates and suc-
Name. cessoFs, bo, and hereby are, made a corporation by the name

PriTiiegei, re- of the HomoBopathic Medical Dispensary; with all the powers
•trictions, *c. ^^ J privileges, and subject to all the duties, liabilities and
restrictions set forth in the forty-fourth chapter of the Re-
vised Statutes.
M*y hold and di«- Sect. 2. Said Corporation are hereby authorized to make
JSoSLwite?** purchases, and receive grants and donations* of real and
personal estate, and to hold and manage, and to dispose of
the same, as may be deemed best by this corporation, for the
better fulfilment of the charitable purposes aforesaid : pro-
PwTiso. vided^ that said real and personal estate shall not exceed in

value the sum of fifty thousand dollars.

Sect. 3. This act shall take efiect from and after its
passage. [Approved by the Governor^ May 28, 1856.]

Chap, 192 -^ -^^ ^ authorize David Low to extend the Wharf belonging to the heirs
^* of George Parkhocgt, deceased.

Be it enacted by the Senate^ and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :

May extend Sect. 1. David Low is hereby authorized to extend the

wharf iaGiouce8.^jj^^|. b^^Qi^girig to the hcirs of Goorgc Parkhurst, deceased,

in the " upper cove " in the harbor of Gloucester, fifty feet
Rigfate, &e. from that wharf as it now is ; and he shall have the right to

lay vessels at the end and sides of the said wharf, and
proTiM. receive wharfage and dockage therefor : provided, that this

act shall in no wise impair the legal rights of any person

whatever.

Sect. 2. This act shall take efiect from and after its

passage. [Approved by the Governor, May 28, 1856.]

Chat) 193 '^ -^^ ^ authorise Benjamin U. Breitt and Barnabas S. Young to buHd a
^' Wharf.

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the aul/iority of
the same, as follows :

Wharf in Well- Bcnjamiu H. Breitt and Barnabas S. Yoimg are hereby

****** authorized to build and maintain a wharf from the north

side of Great Island, so called, in the town of Wellfleet,



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1856.— Chapters 194, 196. 113

and to extend the same two hundred feet from high-water
mark: provided^ however^ that the said wharf shall notPrortoo.
extend into the channel, so as to obstruct the navigation of
said channel ; and they shall have the right to lay vessels at RSffatt, fte.
the end and sides of said wharf, and to receive wharfage
and dockage therefor : provided^ that this act shall, in no ProTtoo.
wise, interfere with the legal rights of any person or persons
whatever; and provided^ further^ theit this grant shall not ProTid«d,ftir-
cxtend beyond the first day of March, in the year one thou- "**•
sand eight hundred and sixty-one. lApproved by the Gov-
ernor, May 28, 1856.]

Air Act authoflzisg the Fitchburg Gas Company to supply the Inhabitants of ChdlO. 194
Fitchburg with Water. -^'

Be ii enacted by the Senate and House of Representor
lives J in General Court assembled, and by the authority of
the same, as follows :

The Fitchburg Gas Company are hereby authorized to OMoomp«iy
supply the inhabitants of Fitchburg with water, by means of SJUir.'SK?^
aqueducts, and may establish rents therefor ; and for that
purpose, said company shall have the same powers, and be
subject to all the duties, restrictions and liabilities, in laying PriTUecM, n-
down pipes for the conveyance of water, that they now have, ■*^**®°*' **•
or are subject to, by virtue of their charter, in laying down
pipes for the conveyance of gas. {^Approved by the Gov-
ernor, May 28, 1856.]

All Act to incorporate the Boston and North Cambridge Omnibus Company. Chap, 195

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows:

Sect. 1. Lewis Putnam, Henry A. Snow, Joseph A. oorporaton.
Bruce, their associates and successors, are hereby made a
corporation by the name of " The Boston and North Cam- nmm.
bridge Omnibus Company," for the purpose of maintaining PurpoM.
and running a line of omnibuses between the city of Boston
and the northerly part of the city of Cambridge, through the priTikfw, r%-
town of Somerville, for the conveyance of passengers ; with ■*'*^'»*» **•
all the powers and privileges, and subject to all the duties,
restrictions and liabilities, set forth in the forty-fourth chap-
ter of the Revised Statutes.

Sect. 2. Said corporation may hold real estate and per- ReaiandpjMoiua
sonal property to an amount not exceeding twenty thousand **'*'•' •**'^
dollars, and the whole capital stock shall not exceed the whoie capital,
amount of thirty thousand dollars. ^'^'

15



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114



1866.— Chapters 196, 197.



Bridge in WeU-

flMt.



Sect. 8. This act shall take eflFect from and after its
passage. [^Approved by the Governor ^ May 28, 1856.]

Chap* 196 ^^ ^^ to authorise the Selectmen of Wellfleet to build a Bridge.

Be it enacted by the Senate and House of Represenia-
tives^ in General Court assembled^ and by the authority of
the same, as follows :

Sect. 1. The selectmen of the town of Wellfleet are
hereby authorized and empowered to construct a bridge
across the north-east arm of Duck Creek, in said town, from
Hamblen's Island, so called, to some point eabtward of the
wharf of Timothy A. Daniels, the same being above naviga-
tion on said creek.

Sect. 2. The said selectmen of Wellfleet shall lay out
and finish said bridge within two years from the passage
of this act.

Sect. 3. This act shall take cfiect from and after its
[^Approved by the Governor, May 28, 1856.]



Wh«n to be fln-
lahed.



Oorporaton.

Nune.

Duration.

Pnrpoee.



Lfhap, 197 An Act to incorporate the Boston Inland Mutual Insurance Company.

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :

Caleb Stetson, Samuel Lawrence, James C. Converse,
their associates and successors, are hereby made a corpora-
tion by the name of the Boston Inland Mutual Insurance
Company, to be established in Boston, and to continue for
the term of twenty years, for the purpose of making insur-
ance, on the mutual principle, against losses by fire and all
marine risks, as well as against all inland navigation and
transportation risks, upon goods, wares, merchandise and
all other property to be transported from or to any place
within this Commonwealth, to or from any and all places
within the United States or the Canadas, with power also to
contract for and insure the true and safe delivery of the
same within such time and upon such terms as may be fixed
by any agreement made by said corporation ; with all the
poWei^s and privileges, and subject to all the duties, restric-
tions and liabilities, set forth in the thirty-seventh and
forty-fourth chapters of the Revised Statutes, and in all
statutes which have since been passed, or which may here-
after be passed, relating to mutual fire and marine insurance
companies. [Approved by the Governor, May 28, 1856.]



Btrlotlont, &e.



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1856.— Chapters 198, 199. 115

Air Act to inoorporate the South Beading Hotel Company. CflOp. 198

Be it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
tlie same, as follows:

Sect. 1. E. G. Stevens, B. W. Robinson, James M. corporaton.
Stone, their associates and successors, are hereby made a
corporation under the name of the " South Reading Hotel Name.
Company," for the purpose of erecting a hotel in the town FurpoM.
of South Reading, and maintaining such public house and
the improvements connected therewith ; and for these P^^^^^KS^^'J*"
lK)ses, shall have all tlie powers and privileges, and be sub- '

ject to all the duties, restrictions and liabilities set forth in
the forty-fourth chapter of the Revised Statutes : provided, Pro^tao.
that the said corporation shall not carry on the business of
hotel-keeping, or be in any way interested in such business.

Sect. 2. The whole amount of real and personal estate, SSie^s^m*^
or capital stock, which said corporation may hold for the
purposes aforesaid, shall not exceed forty thousand dollars
in value. {^Approved by the Governor, May 28, 1856.]

Am Act to change the Name oF the Female Medical Education Society to New Chop, 199
England Female Medical CoUege, and to reorganise the same.

Be it enacted by the Senate and House of Representor
lives, in General Court assembled, and by the authority of
the same, as follows :

Sect. 1. The name of the Female Medical Education Namechangwi.
Society, shall hereafter be New England Female Medical
College.

Sect. 2. All the government and business of said col- GoTwmment of
lege shall be conducted by a board of trustees, consisting of *^"*^'
twenty members. The present directors, to wit, — John S.
Tyler, Benjamin C. Clark, Samuel E. Sewall, Adam W.
Thaxter, Jr., Dexter S. King, Jolm P. Jewett and Samuel
Gregory, shall be trustees till others are chosen in their
stead.

Sect. 8. At the first meeting of the above named seven choiwof tnw-
trustees of said college, they shall choose thirteen persons *^-
to complete the board of trustees. When the number of
twenty is thus completed, they shall be divided, by lot, into
five classes of four each, whose terms of office shall succes-
sively expire in one, two, three, four and five years ; and at
the end of each year four trustees shall be chosen, for five
years, tlie choice to be made by the sixteen trustees remain-
ing in office.

Sect. 4. The trustees shall have power to fill all vacan- Pow«woftnu.



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116 1856.— Chapters ^0, 201.

cies, occurring from any cause, in their board ; to elect a
president, secretary, treasilrer, and such other officers as
they may consider necessary ; to make by-laws ; to appoint
professors, who shall constitute a medical faculty ; and to
confer the usual degree of doctor of medicine.
m»ntotok6 Sect. 5. This act shall take effect as soon as the same
shall have been accepted at a meeting of the Female Medi-
cal Education Society, called for the purpose ; of which
meeting notice shall be given by said directors, by publish-
ing a call for the meeting in not less than three of the news-
papers printed in Boston, at least six days before the meeting.
^Approved by the Governor^ May 28, 1856.]

Chap, 200 ^^ -^CT to authorize the Directors of Liberty Hall Assodatioii to pmtshase
"^ and hold additional Real Estate.

Be it enacted by the Senate and House of Representct-
tiveSy in General Court assembled^ and by the authority of
the samCy as follows:

Diiwston author- Sect. 1. The Dircctors of Liberty Hall Association, in
SittoJKa^ the city of New Bedford, are authorized to purchase real
^^^ estate for the purposes of said association, to an amount not

Nottoexcewi cxcceding ten thousand dollars, to be held by the proprietors
fio,ooo. ^f gj^j^j association, in common with the other property be-

longing to said association ; and they may raise money for
the same by assessments on the members, and collect the
same in the same manner as provided by the forty-third
chapter of the Revised Statutes, for raising money for other
purposes by associations organized under that chapter.
N^fajueSBot Sect. 2. This act shall not take effect unless duly ap-
* * proved by the proprietors of Liberty Hall Association, at a
meeting duly called for that purpose. [Approved by the
Governor^ May 28, 1856.]

Chap, 201 '^ '^^ ^ incorporate the West Roxbury Railroad Company.

Be it enacted by the Senate and House of Representee
tiveSj in General Court assembledj and by the authority of
the samcy as follows :

oorpowton. Sect. 1. Stephen M. Weld, William Wellington, Jr.,

and John Gardner Weld, their associates and successors,

are hereby made a corporation by the name and title of the

Power to con- Wcst Roxbury Railroad Company ; with power to con-

•troc way. g^j.^^^^ maintain and use a railway or railways, with conve-

LocatioQ. nient single or double tracks, from such point or points of

the town of West Roxbury, upon and over the streets or

highways therein, to the line separating said town from the



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1856.— Chaptbr 201. 117

city of Roxbury, as shall be, from time to time, fixed and
determined by vote of the selectmen of said town, and
assented to in writing by said corporation ; and at said line
to connect with the Metropolitan Kailroad Company, at such
points as may be agreed upon, in writing, between two said
railroad companies, and assented to by a vote of the mayor
and aldermen of said city of Roxbury : provided^ that all ptotIbo.
tracks of said railroads shall be laid at such distances
from the sidewalks in said town, as the selectmen thereof
shall, in their orders fixing the routes of said railroad,
determine to be for the public safety and convenience :
provided^ further^ that before the location or construction Proridod, ibr-
of any track in any street, the selectmen of said town shall
give notice to the abutters thereon fourteen days, at least,
before the hearing, that they may show cause, if any there
be, why said track shall not be so located and constructed ;



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