CHAP. 81. dollars, to be recovered by indictment; and, if any agent, stationed as aforesaid, shall neglect to open or close said gates, for the safe passing of the engine on the rail road, or the traveler on the turnpike, high way or town way, he shall, for every such neglect, forfeit to the use of the state a sum, not exceeding fifty dollars, to be recovered as aforesaid.

Corporations

liable for mis-,

conduct of their agents.

1836, 204, § 8.

Transfer of shares.

SECT. 21. Every rail road corporation shall be liable for all damages sustained by any person, in consequence of any neglect of the provisions of the foregoing section, or of any other neglect of any of their agents, or by any mismanagement of their engines, in an action on the case, by the person sustaining such damages.

SECT. 22. The shares in the capital stock of any rail road 1836, 204, § 9. corporation shall be deemed personal estate; and they may be transferred by any conveyance in writing, recorded either by the treasurer, in books to be kept in his office, or by an officer duly authorized by the directors, in books to be kept at such other place, as they may appoint within the state. When recorded in any other place, they shall, within ten days thereafter, be also recorded in the said books kept by the treasurer. No conveyance of any such shares shall be valid, against any other persons than the grantors or their representatives, unless so recorded.

Same subject. SECT. 23. On making any such transfer, the certificates of the 1836, 204, § 9. shares transferred shall be given up and canceled, and new certificates shall be issued to the purchasers, unless some attachment of such shares shall have been made previous to such transfer; in which case, the issuing of said certificates shall be suspended, until said attachments shall be dissolved, or the shares sold by process of law.

All rail road corporations

chapter, unless otherwise provided,

SECT. 24. All rail road companies, that have been, or shall be subject to this incorporated under the authority of this state, shall have all the powers and privileges, and be subject to all the duties, liabilities and other provisions contained in this chapter, respecting such corporations, unless inconsistent with the express provisions of their charters.

Annual pay

CHAPTER 82.

OF AGRICULTURAL AND HORTICULTURAL SOCIETIES.

SECT. 1. Annual payment from the state, to SECT. 5. Application of moneys, and annual

agricultural societies.

2. Limitation of amount.

3. Condition of such payment,

4. Premiums to be offered by such so-
cieties.

account.

6, 7. Requisites, on applications for premiums.

8. Annual statement by the secretary

of state.

9. Legislative rights reserved.

SECTION 1. The treasurer of the state is hereby authorized and ment from the directed to pay to the treasurer of any agricultural society, or any tural societies. agricultural or horticultural society, whenever any such treasurer 1832, 24, § 1.

state to agricul

shall apply for the same, a sum equal to that, which said society CHAP. 82. may have raised and actually received, by subscription or otherwise, within the next preceding year; all of which sums shall be appropriated to the purposes, specified in the charter of said society. SECT. 2. If there be three such societies in a county, the pay- Limitation of ment from the state treasury shall not exceed one hundred dollars amount. 1832, 24, § 1. to each of them; if two, and only two, one hundred and fifty dollars, to each of them; and, if there be only one such society, the payment thereto shall not exceed three hundred dollars.

Condition of such payment. 1832, 24, § 1.

Premiums to be offered by such

1832, 24, § 2.

SECT. 3. None of the aforesaid payments shall be made, till the treasurer of such society.shall file, with the state treasurer, a certificate on oath, therein specifying the amount raised and actually paid in, to said society. SECT. 4. Every society, availing itself of the benefit of this chapter, shall, at their discretion, annually and publicly, offer pre- societies. miums for introducing or improving any breed of useful cattle or animals, or any tools or implements of husbandry or manufacture; introducing, raising or preserving any valuable trees, shrubs or plants; or, in any way, encouraging or advancing any of the branches or departments of agriculture, horticulture or manufactures: and no such society by their by laws shall confine such premiums to their own members, but shall bestow them on any person residing within the limits of such society, who shall produce the best specimens. SECT. 5. Such society shall be held to apply to some or all of Application of the purposes, mentioned in the preceding section, a sum, in each moneys, and year, equal at least to that received from the state; and shall, annually in the month of January, transmit to the secretary of state an official statement of its expenditures, expressing the object for which premiums have been awarded, and to whom paid, accompanied by such general observations as may be deemed useful.

annual account.

1832, 24, § 2. 1833, 71.

premiums.

SECT. 6. Any person to whom a premium shall be awarded, Requisites, on for raising the greatest crop on any given quantity of land, of at applications for least one acre, if the crop be of corn or grain, shall, before receiv- 1832, 24, § 3. ing the premium, deliver to the society a statement in writing, specifying the kind and quantity of dressing put upon the land, the course pursued in cultivating the same, and the kind of soil cultivated, with such other circumstances as may be considered useful.

SECT. 7. If the premium be awarded for introducing or improv- Same subject. ing the breed of any cattle, horses or other animals, he shall, before 1832, 24, § 3. receiving the same, make a similar statement of the breed or stock, and of the advantages thereof for labor, the dairy or fattening or any other purpose, together with the mode and expense of rearing or treating the same, as compared with the usual methods, and any other useful remarks.

secretary of

SECT. 8. The secretary of state shall, annually on or before Annual statethe first day of February, lay said official statements before the ment of the legislature, to be submitted to a committee on agriculture, who may state. publish extracts therefrom, and such essays, relative to the subject, 1832, 24, § 4. as they may think adapted to the advancement of agriculture and horticulture; and the legislature may cause a suitable number of copies to be distributed.

SECT. 9. The powers and privileges, granted by this chapter, Legislative

rights reserved.

1832, 24, § 5.

CHAP. 82. may be enlarged, restricted, or annulled, at the pleasure of the legislature.

Meetings of

aqueducts for

how called. 1821, 140, § 1.

CHAPTER 83.

OF AQUEDUCTS.

SECT. 1. Meetings of proprietors of aque- SECT. 10. Corporation may hold real estate.

SECTION 1. Any persons, associated by agreement in writing, as proprietors of proprietors, of an aqueduct for the purpose of conveying fresh waincorporation, ter into or within any town, or, of any funds for establishing such aqueduct, may apply in writing to some justice of the peace, for the county in which the said aqueduct or any portion thereof may be situated, or is proposed to be made; stating, in such written application, the name and style of their association, and the objects of their proposed meeting; and requesting such justice to issue his warrant to some one of the persons applying, directing him to call such meeting; and such justice may thereupon issue his warrant accordingly, stating therein the time, place and object of such meeting; and the proprietor, to whom the warrant is directed, shall notify such meeting by posting up the substance of the said warrant, with his notice annexed thereto, seven days at least before the said meeting, in some public place in every town, in which the said aqueduct, or any portion thereof, may be, or is proposed to be made. SECT. 2. The proprietors aforesaid, duly assembled in pursuance of such warrant, and their successors, shall be a corporation by the name and style, mentioned in their application.

Declared a corporation.

1821, 140, § 2.

Mode of calling meetings, and clerk.

SECT. 3. The said proprietors may, at any legal meeting, agree upon the method of calling future meetings of the corporation; and 1821, 140, $2,3. they may choose a clerk, who shall be duly sworn, and shall fairly and truly record, in books to be provided and kept by him for that purpose, all by laws, votes and other proceedings of such corporation, which books shall, at all times, be subject to the inspection of any person, appointed for that purpose by the legislature.

Registry of shares and transfers.

SECT. 4. At or immediately after the first meeting, the clerk shall enter, in the books aforesaid, the names of the several propri1821, 140, § 8. etors, and the shares owned by each of them; and when any share shall afterwards be transferred, the transfer shall be entered by said

clerk in said books, within three months after it shall have been CHAP. 83. made, in such form and for such fees as the directors shall order;

and no person shall be deemed a proprietor, whose share or interest shall not be so entered.

SECT. 5. The proprietors may choose any number of directors Directors and and other officers, to manage the business of said corporation; and other officers. 1821, 140, § 3. the directors shall choose one of their number, to be president of the corporation.

thereof.

SECT. 6. The directors may make such assessments on the pro- Assessments, prietors of the shares in such aqueduct or funds, as they shall find and collection necessary; and on the default of any proprietor, to pay such assess- 1821, 140, § 3. ment, for thirty days after notice thereof, they may sell, by public auction, so many of his shares as will be sufficient to pay the same, with necessary charges; the sale of such shares, being first advertised in some newspaper, printed in the county, three weeks successively, or notifications thereof being posted up, twenty days at least before the sale, in some public places in each of the towns, wherein such aqueduct may be or is proposed to be made; and the surplus moneys, if any there be, arising from such sale, shall be paid to the owner of the shares so sold.

SECT. 7. Such corporation may impose penalties for the breach Penalties, for of any of their reasonable by laws, not exceeding thirty dollars for breach of by

each offence.

laws. 1821, 140, § 5. SECT. 8. At any meeting, the proprietors shall be entitled to Manner of votone vote, for each share by them respectively held, and may vote 121, 140, § 4. ing. by proxy authorized in writing.

shares.

SECT. 9. The shares in said companies, whilst they shall exist Transfer or atas corporations, shall be deemed personal estate, and transferable tachment of and subject to attachment on mesne process, and sale on execution, 1821, 140, § 6, 9. for the debts of the proprietors thereof, like shares in other corpo

rations.

SECT. 10. Every such corporation may purchase and hold any Corporation real estate, necessary for the purpose of their association, not ex- estate. ceeding thirty thousand dollars in value.

may hold real 1821, 140, § 6.

SECT. 11. Any such corporation may, with the written consent May dig up of the selectmen of the town, dig up and open any street or way, streets, by perhighways or for the purpose of placing such pipes, as may be necessary in con- mission. structing such aqueduct, or for repairing or extending the same; 1821, 140, § 7. provided the same be done in such manner, as not to prevent the convenient passing of teams and carriages.

duct.

SECT. 12. If any person shall maliciously injure any such aque- Penalty for induct, or any of its appurtenances, he shall forfeit a sum, not exceed- juring an aqueing twenty dollars, to the use of the town, to be recovered by 1821, 140, § 10. indictment; and he shall also be liable in a civil action, brought by the corporation, to pay treble the amount of the damages sustained thereby.

case of fires.

SECT. 13. Any town in which such aqueduct is placed, may Towns may put conductors into the pipes thereof, for the purpose of drawing draw water, in therefrom, free of expense, as much water as may be necessary, 1821, 140, § 11. when any building shall be on fire in such town; provided that such conductors shall be so secured, that water shall not be drawn therefrom, unless for the purpose of extinguishing fires.

CHAP. 83.

rate powers, af

SECT. 14. All contracts, made by or with such corporation, Continuance of shall, after its dissolution, remain in force, and the last shareholders certain corpo- shall have a corporate capacity, until all contracts and agreements ter dissolution, made by or with the corporation before its dissolution, shall be per1821, 140, 9. formed; and such shareholders shall continue liable and capable, in and by the same name as before such dissolution, to sue and be sued, and may prosecute and defend in all suits, respecting such contracts and agreements; provided, that every such suit shall be commenced within six years after such dissolution, or within the like time after the right of action shall have accrued.

Liability of corporators, in

such case.

SECT. 15. If no corporate property can be found to satisfy any judgment, which may be recovered against said shareholders, after 1821, 140, § 9. such dissolution, and the judgment shall not be satisfied, within six months after the same shall have been recovered, the judgment creditor may satisfy the same out of the private estate of such shareholders, or any of them, as if the judgment had been against them in their private capacity.

Title to corpoafter dissolution.

rate property,

1321, 140, § 9.

SECT. 16. If such corporation shall, at its dissolution, be seized of any estate, the several persons, who are proprietors, shall become tenants in common thereof, in proportion to the shares or interests, which they shall then respectively hold in the stock of the corpo

ration.

Incorporation

of social libra

ries.

1821, 141, § 1.

CHAPTER 84.

OF LIBRARIES AND THEIR PROPRIETORS.

SECT. 1. Incorporation of proprietors of so- SECT. 6. Military library societies.

cial libraries.

2. Subsequent meetings, how called.

3. Right to hold property.

4. Officers, by laws, and proceedings.

5. Corporate name.

7. Literary and scientific library as-
sociations.

8. County law library associations.
9, 10. Duties of treasurer and clerk
thereof.

SECTION 1. Any seven or more persons capable of contracting, of proprietors in any town or plantation, being proprietors in common of any library, may form themselves into a society or body politic, for the express purpose of holding, preserving, increasing and using such library; and any five of them may apply to a justice of the peace in the county, in which such town or plantation may be, in writing by them signed, to issue his warrant for calling a meeting of such proprietors, to be held at the time and place, and for the purposes stated in such application, who shall issue his warrant accordingly to some one of such proprietors; and it shall be the duty of such persons to notify the meeting by posting the purport of the warrant, in some public place in said town or plantation, or by giving personal notice to each of the proprietors, seven days or more before said meeting.

SECT. 2.

At such meeting, the proprietors may agree on the mode of calling future meetings; each proprietor being entitled to give one vote.