SENATE......No. 16.

Commonwealth of Massachusetts.

In the year of our Lord One Thousand Eight Hundred and Thirty Three.

AN ACT

To incorporate the Winnisimmet Company.

1 SEC. 1. Be it enacted by the Senate and House of 2 Representatives in General Court assembled, and by 3 the authority of the same, That Francis B. Fay, Thom4 as H. Perkins, William H. Gardiner, and Washington 5 P. Gragg, their associates, successors and assigns, 6 be, and they hereby are constituted a corporation 7 under the name of the Winnisimmet Company, with 8 the usual powers and privileges of bodies corporate,

9 and the said Corporation is hereby authorized and 10 empowered to purchase and hold the Ferry known 11 by the name of the Winnisimmet Ferry, and construct 12 and maintain such wharves, landing places, docks, 13 buildings and other works, as may be suitable and 14 convenient for the steam-boats and other vessels 15 which may be used on the said Ferry, and for the 16 accommodation of foot passengers, horses, carriages, 17 baggage and merchandize, provided nothing herein 18 shall be construed to authorize the said Corporation 19 to take private property for any of the said purposes, 20 otherwise than by purchase, grant, or other license 21 from the owners thereof; and the said Corporation 22 may purchase, hold, alien, and dispose of the whole 23 or any part of the real estate conveyed with said 24 Ferry by the deed of Thomas Williams to Francis B. 25 Fay and others, Trustees, dated March the eighth, 26 eighteen hundred and thirty-one, and recorded with 27 Suffolk Deeds; and such other real estate at or near 28 the terminations of said Ferry, not exceeding in value 29 seventy-five thousand dollars, as may be necessary or 30 convenient for the public purposes aforesaid, togeth31 er with vessels and steam-boats, and such other per32 sonal property not exceeding in value one hundred 33 thousand dollars, as may be necessary and conveni34 ent for the better management of said Ferry, and of 35 the affairs of said Corporation.

1

SEC. 2. Be it further enacted, That the capital

3

2 stock of said Corporation shall be divided into shares. 3 of five hundred dollars each, certificates whereof. 4 shall be issued in such manner as the By-Laws of 5 said Corporation may prescribe; and the said shares 6 shall be deemed personal property, and be transfera7 ble by deed duly executed and acknowledged, and 8 recorded by the Clerk of the Corporation, and shall 9 be liable to attachment on mesne process, and to be 10 taken in execution, in the same manner as other 11 corporate shares now are by law; but shall not be 12 liable to assessments beyond the said sum of five 13 hundred dollars in the whole upon each share. 1 SEC. 3. Be it further enacted, That a meeting of 2 the Stockholders shall be holden annually on such 3 day as the By-Laws of the Corporation may pre4 scribe, at which there shall be chosen, by written. 5 ballot, each share being entitled to one vote, a Clerk, 6 whose duty it shall be to keep the records of the 7 Corporation, and who shall be sworn to the faithful 8 discharge of the duties of his office; a President and 9 five Directors,-and the immediate government and 10 direction of the affairs of the Corporation shall be 11 vested in the said President and Directors, any threc 12 of whom shall constitute a quorum for the transaction 13 of business; and the said board of Directors shall 14 appoint a Treasurer, who shall give satisfactory 15 bonds for the faithful discharge of the duties of his 16 office. And all the officers aforesaid shall hold their

4

17 respective offices until others shall have been duly 18 elected and qualified to take their place.

1 SEC. 4. Be it further enacted, That the said Cor2 poration shall be held liable for all damages and loss3 es which shall happen to passengers and property on 4 board the Ferry Boats, arising from the negligence 5 or unskilfulness, or other defaults of the servants or 6 agents of the Corporation; provided, however, that 7 the said Corporation shall not be held liable for dam8 ages and losses to the passengers and property on 9 board arising from other causes; and provided also, 10 that passengers shall be held liable to the Corpora11 tion for all damages and losses of property occasion12 ed by their negligent driving into or out of the Ferry 13 Boats, or from other wilful and negligent misconduct 14 on their part.

1 SEC. 5. Be it further enacted, That if any person 2 shall wilfully obstruct or interrupt the passage of the 3 said Ferry Boats, or shall wilfully injure the boats, 4 wharves, landing places, toll-houses or other proper5 ty of the said Corporation, the person so offending 6 shall be liable to a penalty not less than twenty dol7 lars, to be sued for and recovered to the use of the 8 Commonwealth, upon complaint made by any agent 9 of the Corporation before the Police Court of the 10 City of Boston, or any other Court proper to try the 11 same, and shall be further liable to the Corporation 12 in damages, upon an action therefor.

4

1 SEc. 6. Be it further enacted, That any two of 2 the persons named in this act, shall be authorized to 3 call the first meeting of said corporation for the purof organizing the same, by causing notice there5 of to be published in one or more of the newspapers 6 of the City of Boston, seven days at least previous to 7 the time of holding such meeting.

1

pose

SEC. 7. Be it further enacted, That nothing in 2 this Act contained shall be construed to enlarge or 3 diminish, confirm or impair any existing rights which 4 the persons herein named or their associates may 5 have acquired by purchase or otherwise in the said 6 Ferry, or the lands now held in trust by the said Fay 7 and others; nor in any way to affect the power of 8 the Legislature to grant such other Ferries as they 9 lawfully might if this Act had not been passed.