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Session Laws, 1803
Volume 560, Page 40   View pdf image (33K)
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ROBERT BOWlE, ESQUIRE, GOVERNOR, NOVEMBER,

1803,

open books of subscription in Worcester county to the amount of two hundred shares, each share a-
mounting to the sum of fifty dollars; that no one shall subscribe less than one share, nor more than
ten, within thirty days after the said books shall have been opened; and as soon as five thousand dollars
shall be subscribed, there shall be a general meeting of the subscribers personally, or by their agent
or attorney, at Saint-Martin's tavern, of which meeting notice shall be given by those holding the
subscription books, by advertisement, of at least two weeks before the said meeting, and shall and
may be continued from day to day until the business is finished; and the said acting managers, at
the time and place aforesaid, shall lay before such of the subscribers as shall meet according to such
notice, the books by them respectively kept, with a just and true list of all the subscribers, with
the sums subscribed by each.

CHAP.
LXIV.

III. AND BE IT ENACTED, That in case the sum of five thousand dollars shall be subscribed, the
said subscribers, and their heirs and assigns, from the time of the said first meeting, shall be, and
are hereby dectared to be, incorporated into a company, by the name of The Saint-Martin's Navi-
gation Company, and may sue and be sued as such; and such of the subscribers as shall be present
at the said meeting, or a majority of them, are hereby empowered and required to elect a president,
and four directors, for conducing the said undertaking, and managing all the said company's busi-
ness and concerns, for and during such time, not exceeding two years, as the said subscribers, or a
majority of them, shall think fit.

Subscribers in-
corporated, &c.

IV. AND BE IT ENACTED, That the president and directors so elected, and their successors, or
a majority of them assembled, shall have full powers and authority to agree with any person or per-
sons, on behalf of the said company, to stop, wharf or dam, and perform such other works, as they
shall judge necessary for stopping the bay aforesaid, and out of the money arising from the subscrip-
tions and tolls herein after given, to pay for the same, and to repair and keep in order the said bank,
dam or wharf, and other works necessary thereto, and to defray all incidental charges, and also to
Appoint a treasurer, cterk, and such other officers and toll-gatherers as they shall judge requisite,
and to agree for and settle their respective wages and allowances, and pass and sign their accounts,
and also to make and establish rules of proceedings, and make such by-laws, rules and regulations,
as may to them be most conducive to the end proposed by this act, and to transact all the other bu-
siness and concerns of the said company, and they shall be allowed, as a satisfaction for their trou-
ble therein, such sum of money as shall, by a general meeting of the subscribers, be determined;
provided always, that the treasurer shall give bond, in such penalty, and with such security, as the
said president and directors, or a majority of them, shall direct, for the true and faithful discharge
of the trust reposed in him, and that the allowance to be made to him for his services shall not exceed
two dollars in the hundred dollars for the disbursements by him made; and that no officer in the said
company shall have any vote in the settlement or passing his own account.

President, &c.
empowered to
agree, &c.

V, AND BE IT ENACTED, That the said president and directors, and their successors, or a ma-
jority of them, shall have full powers and authority," in their discretion, from time to time, as mo-
rfey shall be wanted, to make and sign orders for that purpose, and direct at what time, and what
proportion, the proprietors shall advance and pay of the sums subscribed, provided that riot more
than the one third part of any one subscriber's share or shares shall be demanded at the commence-
ment of the work aforesaid, one third part within one month thereafter, if necessary, and the other
third part, the balance of each subscriber, at the finishing of the work aforesaid.

To make and
sign orders, &c.

VI. AND BE IT ENACTED, That it shall and may be lawful for the said president and directors,
or a majority of them, in case any of the said subscribers shall neglect to make the payments on the
days stipulated and herein before mentioned, it shall and may be lawful for the cterk of the county
in which such defaulter shall reside, and he is hereby directed, on the application of the said presi-
dent and directors, to issue an attachment, fieri faciasl, or capias ad satisfaciendum, against the said
person or persons making defaults, for the sum of money by him due and unpaid, and the execution
so issued shall be made returnable to the court which shall first sit after the issuing thereof, and
shall be as valid and effectual in law, to all intents and purposes, as if the same had issued on a
judgment regularly obtained, according to the common and ordinary course of proceedings in a court
or law.

Clerk may issue
attachments,
&c.

VII. AND, to continue the succession of the said president and directors, and to keep up the
same number, BE IT ENACTED, That from time to time, upon the expiration of the said term for
which the president and directors were appointed, the proprietors of the said company, at the next
general meeting, shall either continue the said president and directors, or any of them, or choose
others in their stead, and in case of the death, removal, resignation or incapacity, of the said

How vacancies
are to be filled.



 
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Session Laws, 1803
Volume 560, Page 40   View pdf image (33K)
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