Chap. 0041 AN ACT TO INCORPORATE SIMON LARNED AND OTHERS FOR THE PURPOSE OF CONVEYING WATER BY PIPES INTO THE CENTER OF THE TOWN OF PITTSFIELD, BY THE NAME OF "THE PROPRIETORS OF THE WATER WORKS IN THE MIDDLE OF THE TOWN OF PITTSFIELD."

Be it Enacted by the Senate, and House of Representatives in General Court assembled, and by the authority of

the same, that Simon Lamed, John Chandler Williams, William Kittredge, Joshua Dan forth, Thomas Gold & such other persons as may become proprietors in the said Water works, be, and they hereby are constituted a Corporation & Body politic, for the purpose of conveying water by pipes into the center of the town of Pittsfield, by the name of " The proprietors of the Water works in the middle of the town of Pittsfield," and by that name may sue and be sued to final judgment and execution ; and do and suffer all matters, acts or things, which Bodies politic may, or ought to do, and suffer. And the said Corporation shall & may have and use a common Seal, and the same may break and alter at pleasure.

And be it further Enacted, that the said Simon Larned, John Chandler Williams, William Kittredge, Joshua Danforth, and Thomas Gold, or any three of them, may by advertisement posted up at the houses of Darius Larned and John Strong, in said Pittsfield, warn or call a meeting of the said proprietors to be held at said Pittsfield, at any suitable time after seven days from the posting up such advertisement: And the said proprietors by a vote of a majorit}' of those present, or represented at said meeting, accounting and allowing a vote to each share in all cases, shall choose a Clerk who shall be sworn to the faithfull discharge of his office ; and also shall agree on a method for calling future meetings ; and at the same or any subsequent meeting may make and establish any rules and regulations that shall be convenient or necessary for regulating the said Corporation, effecting, com-pleating and executing the purpose aforesaid, and the same rules and regulations may cause to be kept and executed, and for the breach of any of them, may order and enjoin fines and penalties, not exceeding four pounds : Provided that said rules and regulations be not repugnant to the Constitution or Laws of the Commonwealth ; and the said proprietors may also choose and appoint any other officer or officers of the Corporation ; and all representations of the said proprietors, at said meetings, shall be proved by a special appointment in writing, signed by the person making the representation, which shall be filed with, or recorded by the Clerk ; and this Act, and all rules, regulations, and votes of said Corporation shall be fairly and truly recorded by their said Clerk, in a Book or Books for that purpose provided & kept; which Book or Books

shall be subject to the inspection of any person, or persons for that purpose appointed by the Legislature.

And be it further Unacted, by the authority aforesaid, that the said Proprietors be, and they are hereby authorized and iinpowered within the term of three years from the passing this Act, to construct & complete said pipes, & for the purpose aforesaid to enter on, and dig up any Highway or town road, which may be necessary to complete said Water works, and therein to put and place such pipes as may be necessary, & at all times to enter thereon for the purpose of repairing said pipes, whenever they may require it; provided they do not thereby obstruct the passing and repassing of such as may have occasion to use the same road or highway.

And be it further Enacted, that if in any instance it may be necessary for the said proprietors to lay the said pipes over or through the land of any infant, feme covert, or person non compos mentis, the husband of such feme covert and the Guardian of such infant or person non compos mentis respectively, may make any agreements, or do any other matter or thing respecting the damage occasioned by said pipes, which they might do, if the same land was hy them holden in their own rights respectively.

And be it further Enacted, that any proprietor's share or shares in said Water works may be transfered by deed, acknowledged and recorded by the Clerk of said Corporation, in a Book to be kept for that purpose; and when any share or shares of said Water works shall be attached as the property of any of said proprietors, on mesne process, an attested copy of such process shall be left with the said proprietor's Clerk, at the time of such attachment, otherwise the same shall be void.

And be it further Enacted, that if the said Corporation shall not complete the said Water works within three years from the passing this act, then this act shall be void and of no effect: Provided always that if at any time the said proprietors, after the end of said three years find it convenient to make or lay down any additional pipes to complete & carry the said Water works to a further extent, they may do the same, notwithstanding the said limitation.

And be it further Enacted, that if any person shall injure or destroy any of the said pipes, he shall be subjected to the same pains and penalties as are provided by the

second Section of the Act, intitled "An Act for the more effectually preventing of trespasses in divers cases," passed the twenty third day of November, One thousand seven hundred and eighty five, and shall also be liable to make good all damages so done, to the said proprietors.

Approved February 25, 1795.