Penalty for alteration and fraudulent use. City may provide salary for sealer. Tenure of office. Act to be accepted. Chap. 183 Corporators. Title. SECTION 3. If any person shall alter any weight, balance, scale or beam, after the same shall have been adjusted and sealed, so that the same thereby shall not conform to the public standard, and shall fraudulently make use of the same, he shall forfeit for each offence the sum of ten dollars, one-half to the use of the city, and one-half to the use of the complainant. SECTION 4. The city council of the city of Lowell may, by ordinance, provide that the sealer of weights and measures for said city be paid by a salary, and that he pay the fees received by him, by virtue of his office, into the city treasury. SECTION 5. The mayor and aldermen of the city of Lowell are authorized to remove the sealer of weights and measures at any time they may see fit. SECTION 6. This act shall take effect when it shall have been accepted by the city council of Lowell. Approved April 10, 1861. AN ACT TO INCORPORATE THE MASSACHUSETTS INSTITUTE OF TECH- Be it enacted, &c., as follows: SECTION 1. William B. Rogers, James M. Beebe, E. S. Tobey, S. H. Gookin, E. B. Bigelow, M. D. Ross, J. D. Philbrick, F. H. Storer, J. D. Runkle, C. H. Dalton, J. B. Francis, I. C. Hoadley, M. P. Wilder, C. L. Flint. Thomas Rice, John Chase, J. P. Robinson, F. W. Lincoln, Jr., Thomas Aspinwall, J. A. Dupee, E. C. Cabot, their associates and successors, are hereby made a body corporate by the name of the Massachusetts Institute of Technology, for the purpose of instituting and maintaining a society of arts, a museum of arts, and a school of industrial science, and aiding generally, by suitable means, the advancement, development and practical application of science in connection with arts, agriculPrivileges and re- ture, manufactures and commerce; with all the powers and privileges, and subject to all the duties, restrictions and liabilities, set forth in the sixty-eighth chapter of the General Purpose. strictions. Real and personal estate. Reservation of land on Back Bay. Statutes. SECTION 2. Said corporation, for the purposes aforesaid, shall have authority to hold real and personal estate to an amount not exceeding two hundred thousand dollars. SECTION 3. One certain square of state land on the Back Bay, namely, the second square westwardly from the Public Garden, between Newbury and Boylston Streets, according to the plan reported by the commissioners on the Back Bay, February twenty-one, eighteen hundred and fifty-seven, shall be reserved from sale forever, and kept as an open space, or for the use of such educational institutions of science and art as are hereinafter provided for. institute to enti tle it to hold land. SECTION 4. If at any time within one year after the pas- Organization of sage of this act, the said Institute of Technology shall furnish satisfactory evidence to the governor and council that it is duly organized under the aforesaid charter, and has funds subscribed, or otherwise guaranteed, for the prosecution of its objects, to an amount at least of one hundred thousand dollars, it shall be entitled to a perpetual right to hold, occupy and control, for the purposes herein before mentioned, the westerly portion of said second square, to the extent of two-third parts thereof, free of rent or charge by the Commonwealth, subject, nevertheless, to the following stipulations, namely: persons from all parts of the Common- Conditions. wealth shall be alike eligible as members of said institute, or as pupils for its instruction; and its museum or conservatory of arts, at all reasonable times, and under reasonable regulations, shall be open to the public; and within two years from the time when said land is placed at its disposal for occupation, filled and graded, said institute shall erect and complete a building suitable to its said purposes, appropriately inclose, adorn and cultivate the open ground around said building, and shall thereafter keep said grounds and building in a sightly condition. al History, pow SECTION 5. The Boston Society of Natural History shall Society of Naturbe entitled to hold, occupy and control, for the objects and ers defined. purposes for which said society was incorporated, and which are more fully set forth in its constitution and by-laws, the easterly portion of said second square, to the extent of onethird part thereof: provided, that the said society shall, Proviso. within two years from the time when said portion of land is placed at its disposal for occupation, filled and graded, erect a building suitable to said objects and purposes, and appropriately inclose, plant and adorn the open ground around said building, and shall thereafter keep said grounds and building in a neat and ornamental condition. grounds to be ap cil. SECTION 6. The rights and privileges given in the last Buildings and two sections, are granted subject to these further conditions proved by govfollowing, namely: All buildings whatsoever, which may be ernor and counerected by either of the herein-named institutions upon any portion of said second square, shall be designed and completed, the grounds surrounding said buildings inclosed, laid out and ornamented, and the said buildings and grounds kept and maintained in a manner satisfactory to the governor Failure to observe conditions feiture of land. and council; and in case either of the said institutions shall, to operate for after due notice given, neglect to comply with the requirements of this section, or fail to use its portion of said square, or at any time appropriate said portion, or any part thereof, to any purpose or use foreign to its legitimate objects, then the right of said delinquent institution to the use, occupation or control of its portion of said square shall cease, and the Commonwealth, by its proper officers and agents, shall have the right forthwith to enter and take possession of the portion of land so forfeited. Limitation in building. Commissioners on Back Bay to reserve lots, until, etc. Governor to appoint appraisers of lands. Act to be accept ed. Chap. 184 SECTION 7. The above named societies shall not cover with their buildings more than one-third of the area granted to them respectively. SECTION 8. The commissioners on the Back Bay are hereby instructed to reserve from sale the lots fronting on said square on Boylston, Clarendon and Newbury Streets, until said societies shall, by inclosure and improvements, put said square in a sightly and attractive condition. SECTION 9. Upon the passage of this act, the governor, with the advice and consent of the council, shall appoint three disinterested persons, who shall appraise the value of all the lands specified in the third and eighth sections of this act, and make a return of said appraisal to the governor and council; and if when the lands mentioned in section eight shall have been sold, the proceeds of such sales shall not be equal to the whole amount of the appraisal above mentioned, then the societies named in this act shall pay the amount of such deficit into the treasury of the Commonwealth, for the school fund, in proportion to the area granted to them respectively. SECTION 10. This act shall be null and void, unless its provisions shall be accepted within one year, by the Massachusetts Institute of Technology, and the Boston Society of Natural History, so far as they apply to those societies respectively. Approved April 10, 1861. AN ACT RELATING TO THE DUTIES OF CLERKS AND COUNTY TREAS- Be it enacted, &c., as follows: So much of the eighth and fourteenth sections of chapter one hundred and seventy-six of the General Statutes, as requires the clerks and county treasurers, respectively, therein mentioned, to transmit to the treasurer and auditor of accounts of the Commonwealth, a certificate of the amount of costs, allowances made to prosecutors, fines and forfeitures, therein mentioned, and so much of the eighth, fourteenth and sixteenth sections of the same chapter, as AN ACT TO INCORPORATE THE MUTUAL PROTECTION FIRE INSURANCE Chap. 185 Be it enacted, &c., as follows: SECTION 1. G. Washington Warren, Phinehas J. Stone, Corporators. Luther V. Bell, James F. Dwinell and Moses B. Sewell, their associates and successors, are hereby made a corpora- Title. tion by the name of the Mutual Protection Fire Insurance Company, to be established in the city of Charlestown, for Location. the purpose of making insurance against losses by fire on Purpose. buildings and personal property; and for this purpose shall strictions. have all the powers and privileges, and be subject to all the Privileges and reduties, restrictions and liabilities, set forth in the fifty-eighth chapter of the General Statutes, and to all other laws applicable to insurance companies. conditions of. SECTION 2. Said corporation shall not issue any policies Issue of policies, until insurance to the amount of three hundred thousand dollars shall be subscribed for. Approved April 10, 1861. AN ACT TO REGULATE THE FORFEITUres of policies of life INSUR Be it enacted, &c., as follows: ANCE. Chap. 186 After Temporary pre SECTION 1. No policy of insurance on life, hereafter Conditions of forissued by any company chartered by the authority of this feiture. Commonwealth, shall be forfeited or become void by the non-payment of premium thereon, any further than regards the right of the party insured therein to have it continued in force beyond a certain period, to be determined as follows, to wit: the net value of the policy, when the premium Value of policy. becomes due and is not paid, shall be ascertained, according to the "combined experience," or "actuaries"" rate of mortality, with interest at four per centum per annum. deducting from such net value any indebtedness to the company or notes held by the company against the insured, which notes if given for premium shall then be cancelled, four-fifths of what remains shall be considered as a net single premium of temporary insurance, and the term for which it will insure shall be determined according to the age of the party at the time of the lapse of premium, and the assumptions of mortality and interest aforesaid. SECTION 2. If the death of the party occur within the obligation of term of temporary insurance covered by the value of the death of party. mium. upon Provisos. Chap. 187 Decree of S. J. be final. policy, as determined in the previous section, and if no con- AN ACT IN RELATION TO THE RHODE ISLAND BOUNDARY. SECTION 1. Whenever the proceeding in equity between. Court U. 8. to this Commonwealth and the State of Rhode Island and Providence Plantations, now pending in the supreme court of the United States, shall be adjusted by the adoption of a conventional line, and such line shall have been confirmed by a final decree of said court, the said line shall be taken and deemed to be, for all purposes affecting the jurisdiction of this Commonwealth, or of any department of its government, the true line of boundary and demarkation between this Commonwealth and the State of Rhode Island and Providence Plantations. Territory de clared portion defined. SECTION 2. The territory upon the east side of Mount of Fall River, Hope Bay, which lies south of the line beyond which the jurisdiction of this Commonwealth has not recently been exercised, (except so much as by this act is assigned to the town of Westport,) but which by the adoption of said decree of confirmation, shall be determined to be a part of this Commonwealth, with all the polls and estates thereon, shall be taken and deemed to be a portion of the city of Fall River in the county of Bristol, with the same effect as if the jurisdiction claimed over the same by this Commonwealth had been actually exercised. City council to divide munici wards. SECTION 3. The city council of Fall River shall, within pality into six sixty days after said final decree of confirmation shall have been entered, divide the said city (including as well that portion over which jurisdiction has been exercised hitherto by said State of Rhode Island and Providence Plantations, as that over which jurisdiction has been exercised by this Commonwealth,) into six wards, as nearly equal as may be, in population, and shall determine the number of common councilmen to which each ward shall be entitled: provided, Proviso. |