10 13 shall thereafter further proceed to fill up said Cove 14 beyond the termination of such other drains or com15 mon sewers, then the said Corporation shall be fur16 ther holden to extend and carry out from time to 17 time, such other drains and common sewers before 18 the said Cove shall be farther filled up, so that the 19 said filling up shall not obstruct and affect the use of 20 such other drains and common sewers. 1 SEC. 12. Be it further enacted, That all the mem2 bers of a certain joint-stock Company, called "The S South Cove Company," are hereby constituted and 4 made members of this Corporation, in conformity 5 with certain principles and provisions, contained in 6 an instrument creating and establishing said Compa7 ny, and bearing the signatures of its several mem8 bers: And, as stockholders in said Company, they 9 shall severally be entitled to corresponding amounts 10 of stock in this Corporation, and shall be subject to 11 all the provisions contained in said instrument, and 12 the By-Laws of this Corporation, relative to assess13 ments and transfer of shares; and shall also remain 14 subject to the provisions of said agreement in rela15 tion to certain covenants contained therein, with the 16 Boston and Worcester Rail Road Corporation. 1 SEC. 13. Be it further enacted, That before any 2 street or streets which may be laid out and made by 3 said Corporation upon the lands and flats aforesaid, 4 shall be extended across the lands of any individual or 5 corporation, to communicate with any of the existing 6 streets in that vicinity, said Corporation shall deposit 7 a Plan with the Mayor and Aldermen of the city of 8 Boston, upon which Plan the location of any street 9 or streets, contemplated to be made and extended as 11 10 aforesaid, shall be fully and particularly described. 11 And said Mayor and Aldermen shall thereupon issue 12 notice in such form and mauner as they shall deem 13 proper and expedient, that all persons interested may 14 appear before them at such time and place as said15 Mayor and Aldermen shall appoint, to shew cause, if 16 any they have, why said Corporation should not make 17 or extend such street or streets across the lands of 18 such person or corporation agreeably to the provisions 19 contained in the sixth section of this Act. And said 20 Mayor and Aldermen at the time and place appoint21 ed as aforesaid, shall hear the parties and determine 22 upon the expediency of extending such street or 23 streets in manner aforesaid. And if upon such hear24 ing, said Mayor and Aldermen shall be of opinion 25 that the public necessity and convenience will not be 26 promoted by the extension of such street or streets, 27 they shall have power to prohibit the extension 28 thereof. 1 SEC. 14. Be it further enacted, That this Act shall 2 continue in force forty years from the passing there3 of; after the expiration of which time the same may 4 be repealed at the pleasure of the Legislature; 5 Provided, that, in case of such repeal, all the prop6 erty, both real and personal, and the benefit of all 7 covenants and unexpired contracts which may have 8 been made in the name and for the benefit of said 9 Corporation, after paying all its debts, shall be vest10 ed in the share holders at the time of such repeal, 11 and their heirs, as tenants in common, in proportion 12 to their respective interests in the premises. Commonwealth of Massachusetts. IN SENATE, January 23d, 1833. The Committee to whom were referred the Resolves of the Legislatures of the States of South Carolina and of Georgia, proposing, among other things, a Convention of the People for Amendments of the Constitution of the United States, have, in some measure, considered that subject, and ask leave to Report, in part, that the said Resolves, and the papers accompanying the same, be printed for the use of the Legislature. GEORGE BLAKE, Per Order. Commonwealth of Massachusetts. HOUSE OF REPRESENTATIVES, January 16th, 1833. Ordered, That the Resolutions of the Legislature of Georgia, proposing a Convention of the People of the United States for the Amendment in various respects of the Constitution, and so much of the Governor's Special Message as relates thereto, be referred to Messrs. CUSHING of NEWBURYPORT, with such as the Senate may join. Sent up for concurrence. L. S. CUSHING, Clerk. IN SENATE, January 17, 1833. Read and referred to Messrs. BLAKE and WELLS, in concurrence. CHARLES CALHOUN, Clerk. |