Chap. 0043. An act to incorporate Aaron Newhall and others, by the name of The Lynn Long Wharf Company.



Whereas, Aaron Newhall, and others his affociates, are owners of a wharf in Lynn, in the county of Effex, and a road leading thereto, at a place called Black Marfh; and faid proprietors being delirous of extending their faid wharf beyond the prefent limits thereof, for the purpofe of coming into deeper water, and of better accommodating themfelves with room to land lumber and other articles:-

Sect. 1. BE it therefore enacted by the Senate and Houfe of Reprefentatives, in General Court affembled, and by the authority of the same, That Aaron Newhall, Henry Oliver Amos Rhodes, Samuel Chafe, Aaron Breed, Theophilus Breed, jun. and James Gardiner, Efq. of Lynn, and Jonathan Buffum, of Salem, and all other perfons who may hereafter become partners in faid company, be, and they hereby are made and confiituted a body politic and corporate by the name of " The Lynn Long Wharf Company/' and by that name may fue and be fucd, in all actions real, perfonal or mixed, to final judgment and execution, and may do and fuffer all acts, matters and things, which bodies politic may or ought to do and fuffer, and may have and ufe a common feal, and the same may break and alter at pleafure; Provided ho%vever? that any proprietor, alienating

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his fliare or fliares in laid company, mail thereupon in reflect thereto, ccaie to be a member of faid corporation ; and the afiignee thereof, and his heirs and afligns fhall be in ref-pect thereto, thenceforward a member of laid corporation, veiled with all the rights, and fubject to all the duties, penalties and payments which the aflignor thereof was, or might have been veiled with or liable to.

Sect. 2. Be it further enacted, That the faid corporation fhall have power and is hereby authorized to extend their faid wharf to low water mark, whenever they fhall deem it necelfary for the purpofes aforefaid, provided faid corporation are or may be the owners of land or flats upon-which laid wharf may be built, the expenfe thereof to be defrayed by augmenting the prefent number of fhares, or by a tax on the proprietors, as they fhall judge belt, to be determined by vote of the proprietors, as hereafter provided in this act.

Sect. 3. Be it further enacled, That the property of faid corporation fliall be, and hereby is divided into fifty-fix fhares, and that faid corporation fhall have power, and is hereby authorized to augment laid number of fhares to one hundred fhares, and to fell faid additional number of fliares at public auction, to the higheft bidder, and that the money arifing from the files of faid additional fliares, fliall be appropriated folely to the making fuch additions to faid wharf as the proprietors fliall judge moft convenient, and that faid fhares fhall be numbered in progrefhve order, beginning at number one, and every original member thereof fhall have a certificate under the feal of faid corporation, and figned by the treafurer, certifying his property in faid wharf, as fhall be cxprefled in faid certificate.

Sect. 4.   Be it further enacted, That after fuch additional fliares fhall be made, thatfivid corporation fliall have power, and they are hereby authorized to make fuch repairs, Iterations and further additions to faid wharf, as they roin time to time fhall deem necelfary, and that the ex-enfe thereof be defrayed by a tax on the fhares in faid corporation ; provided that no grant fhall be made exceeding ten dollars on one fmgle fhare, for additions to faid wharf in any one year.

Sect. 5. Be it further enacled, That faid . corporation fhall have power, from time to time, at any legal meeting, to choofe a clerk, who fliall be fworn, or affirmed by a juftice of the peace of faid county, to the faithful performance of his duty ; they fnall alfo choofe a treafurer, wharfinger, E e and

and fuch other officers as to faid corporation fhall appear neceffary for the management and government thereof; and each member of laid corporation, mail have one vote for each fhare not exceeding ten, and no member Ihall be allowed more than ten votes, and any member may appear, at any meeting, or vote by proxy ; and the faid corporation, at any legal meeting, may eftablifh a mode for calling meetings, alfo the rates of wharfage and dockage, and may make reafonable rules and by-laws, for the governing the affairs of faid corporation, and the same may repeal at pleafure : Provided that the same rules and by-laws fhali not be repugnant tothe conftitution and laws of this commonwealth, and provided that the proprietors of forty fhares of the prefent number hfty-fix, or of feventy mares, when faid number fhall be augmented to one hundred fhares, mall alfent thereto. But it fhall be lawful to choofc a clerk and other officers when neceifary, by the majority prefent at any legal meeting for that purpofe, any thing herein to the contrary notwithftanding.

Sect. 6. Be it further enacled, That any fhare may be alienated by the proprietor thereof, by a deed under his hand and feal, and-acknowledged before fome juftice of the., peace, and recorded by the clerk of faid corporation, in a book to be kept for that purpofe, and any purchafer, fhew-ing to the treafurer fuch deed fo recorded, and delivering up to him the former certificate, fhall be entitled to a new certificate, executed in the form aforefaid^ certifying the property in fuch fhare to be in fuch purchafer.

Sect. 7. Beit further enacted, That whenever any proprietor fhall neglect or refufe to pay any tax, duly voted and agreed upon by the corporation, to their treafurer, within forty days after the time fet for the payment thereof, the treafurer of faid corporation is hereby authorized to fell at public vendue, the fhare or fhares of fuch delinquent proprietor, one or more, as fhall be fufficient to defray faid taxes and neceffary incidental charges, after duly notifying in fome newfpaper printed in Bofton or Salem, the fum due on any fuch fhares, and the time and place of fale, at leaft fourteen days previous to the time of fale, and fuch fale fhall be a fufficient transfer of the fhare or fhares fo fold to the perfon purchaiing, and on producing a certificate of fuch fale, from the treafurer, to the clerk of faid corporation, the name of fuch purchafer, with the number of fhares fo fold, fhall be by the clerk entered on the books of the faid corporation, and fuch perfon fhall be confidered to all intent?-

tents and purpofes the proprietor thereof; and the over-plu>, if any there be, ihall be paid on demand by the treaf-,urer to the perfon whofe ihares were thus fold.

Sect. 8. And be it further enacted, That the firil meeting of laid corporation ihall be called by a warrant iffued by a juilice of the peace, and that any juilice of the peace in faid county, to whom application ihall be made by any three of the prefent proprietors for the purpofe, fhall be authorized to iffue his warrant, directed to fome one of the faid proprietors, to call their faid firft meeting.

Sect. 9.   And be it further cnacled, That the Legifla-ture of this commonwealth may, at any time after the expiration of ten years from the palling of this act, alter,amend or repeal .the same, as they ihall judge to be neccfiary. [This ad palled June 20, 1807.^