tion, which would never, to any considerable extent, pass over the canal. And further, the canal corporation withdrew their opposition before the Lowell bill was passed. The bill was reported in 1830, but that Legislature did not give their sanction to the measure. It was called up at the next Legislature, but the remonstrants did not appear; and though one of the principal owners and officers of that corporation, and one who had been employed as counsel for the remonstrants, was in the Legislature, he made no opposition to the passage of the bill.

There is another consideration which should be taken into the account. In severe weather the boats would be ice-bound, and hence the rail road communication would be obstructed. The evidence before the Committee was conclusive, that the boats would make their way through ice of considerable thickness; but the evidence was equally clear, that the whole harbor was sometimes frozen over, and that it would be impossible, under such circumstances, for the boats to run. It is manifest, also, that in severe snow storms any rail road, in our climate, would be obstructed. And how would the public be accommodated, when the stages are driven from the road, and the turnpike is neglected and out of repair?

From the foregoing, and every other view which the Committee can take of the subject, they are not satisfied that public convenience and necessity require the construction of a rail road from Boston to Salem, and consequently they report, unanimously, that the petitioners have leave to withdraw their petitions.

By order of the Committee,

CHARLES HUDSON, Chairman.

Commonwealth of Massachusetts.

IN SENATE, March 15, 1333.

The Committee on Mercantile Affairs and Insurance, to whom was referred the petition of David Henshaw and others, report a Bill.

For Committee,

G. B. WESTON, Chairman.

1 s

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

AN ACT

To Incorporate the Mount Washington Association, in the City of Boston.

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 David Henshaw, Hall 4 J. How, John H. Bird, George Brinley, George J. 5 Homer, and their associates, successors and assigns, 6 be, and they are hereby made a body corporate, by 7 the name of the Mount Washington Association, for 8 the purpose of improving Mount Washington, and 9 shall have and possess, all the powers and privileges 10 contained in an Act concerning Corporations, passed 11 the eighth day of March, in the year of our Lord one 12 thousand eight hundred and thirty three.

1 SEC. 2. Be it further enacted, That the said Cor2 poration be, and hereby is, declared and made capable 3 to take, hold and possess, in fee simple or otherwise,

4 all, or any part of a certain tract of land, situated in 5 that part of Boston called South Boston, and there 6 known by the name of Telegraph Hill, or Mount 7 Washington, bounded and described as follows, to 8 wit commencing in Dorchester, on the land owned 9 by John H. Bird, one of the within petitioners, and 10 there running on a creek to Dorchester street; thence 11 running on Dorchester street to Broadway; thence 12 from Broadway to H street; thence from H street to 13 low water mark, the whole containing about seventy 14 acres, more or less, with all the privileges, and ap15 purtenances thereto belonging, and all rights and 16 easements therewith used and enjoyed: Provided, 17 the lawful owners and proprietors of such estates shall 18 convey the same to said Corporation: And provided, 19 the whole real estate of said Corporation shall not 20 exceed in value, the sum of five hundred thousand 21 dollars, and that the personal estate of said Corpora22 tion shall not exceed, in value, the sum of one hun23 dred thousand dollars. And the said Corporation 24 shall also have power to sell and convey, lease, mort25 gage, or otherwise dispose of said corporate property, 26 or any part thereof, and to manage and improve the 27 same at its will and pleasure, with authority to con23 struct wharves and buildings, and to lay out streets. 29 and passage ways, as it shall deem expedient.

1 SEC. 3. Be it further enacted, That said Corpo2 ration may, at any legal meeting, agree upon the 3 number of shares into which the corporate estate and 4 property shall be divided, and upon the form of cer5 tificates of shares to be issued to the proprietors, and 6 upon the manner and conditions of transferring the 7 same, which shares shall be deemed and held as per