An Act to Establish a Corporation by the Name of the Dead River Lumbering Company
Approved June 1, 1830
Sec. 1. Be it enacted by the Senate and House of Representatives in General Court convened, That James Osgood, Lot Davis and Samuel McDonal, their associates, successors and assigns be, and they hereby are incorporated and made a body politick and corporate by the name of the Dead River Lumbering Company, and by that name, may sue and be sued, prosecute and defend to final judgment and execution and shall be and hereby are vested with all the powers and privileges incident to corporations of a similar nature, to have continuance and succession for the term of twenty years and no longer.
Sec. 2. And be it further enacted, That said corporation shall be and hereby are authorized and empowered to remove trees, bushes, drift wood and such other obstructions from and to excavate, deepen and improve the natural channel of the stream called Dead River, in the town of Berlin and to make such dams, slips, side-cuts and canals on or near said streams, as may be necessary and proper for safely and conveniently floating lumber thereon. Provided however, that it shall not be lawful for said corporation to do any act or thing whatsoever or to uphold and continue in being any dam, slip or other work or thing whatsoever, at any time hereafter, when the same shall in any way obstruct and hinder the free and perfect use and occupation of any mill, factory or machinery whatsoever, requiring or being put in operation by water power, that hath heretofore been or may hereafter be erected and made on or near said stream: And provided further, that it shall not be lawful for said corporation to do any act or thing whatsoever, or to uphold or continue in being any dam, slip or other work or thing whatsoever at any time hereafter, when the same shall in any way obstruct and hinder the free and perfect use and occupation of any bridge or bridges, that have heretofore been or may hereafter be erected and made on or over said stream.
Sec. 3. And be it further enacted, That if the said corporation can not agree with the owner or owners of any land or lands necessary and convenient to be taken, used or flowed for the purposes authorized by this Act, As to the damages, that may be sustained by such owner or owners, then and in that case, the Superior Court of Judicature on application of said corporation, and due notice to the opposite party, shall appoint a Committee consisting of three freeholders resident in the County of Coos, to assess and determine such damages, and the report of said committee thereon, made to and accepted and confirmed by said Superior Court of Judicature, shall be final and conclusive between the parties. Provided, however, that it shall not be lawful for said corporation to enter upon, take or use any land or lands for any purpose authorized by this act, until the damages agreed upon or assessed, determined and confirmed as aforesaid, shall have been paid or tendered to such owner or owners of such land or lands.
Sec. 4. And be it further enacted, That said corporation shall be and hereby are authorized and empowered to demand and receive of the several persons floating lumber on and through said stream and the dams, slips and other works of said corporation the following rates of toll: to wit. for so many mill logs put into said stream at Dead River Pond, so called, in said town of Berlin, situated about two miles from the mouth of said stream as will make one thousand feet of boards, twenty cents, and for so many mill logs, rjut into said stream above said pond, as will make one thousand feet of boards forty cents, and for other lumber in proportion, reserving the right to the Legislature to revise and alter the rates of toll aforesaid at any time when it may be deemed just and expedient. And in case any person or persons floating lumber on said stream, shall neglect or refuse to pay the toll legally due and payable therefor, when the same may be demanded, it shall be lawful for said corporation to seize and detain the lumber so floated by the person or persons so re/using, until such toll shall be paid, and in case, such toll shall not be paid within three days from the time, such lumber shall have been so seized and detained, it shall be lawful for said corporation, to sell so much thereof, as will pay said toll with incidental charges at publick vendue, giving at least four days notice of such sale, by advertisement posted up at two or more publick places in Berlin.
Sec. 5. And be it further enacted, That said corporation may purchase and hold real estate necessary and convenient for carrying into effect the purposes of this act, not exceeding in value the sum of three thousand dollars and the same may alien and dispose of at pleasure.
Sec. 6. And be it further enacted, That James Osgood, Lot Davis and Samuel McDonal, or any two of them, may call the first meeting of said corporation, by posting up a notice in writing, at two or more publick places in the town of Berlin, expressing the time, place and design of said meeting, at least fifteen days prior thereto, or by giving such notice personally to each member of said corporation, at least ten days prior to such meeting; at which meeting or any subsequent meeting, said corporation, may agree upon the manner of calling their future meetings, may choose and appoint all necessary and proper officers and agents for conducting the concerns of said corporation may divide the capital or joint stock of said corporation, into such number of shares, as may be deemed proper, and agree on the manner of transfering them, may order assessments and fix the time of their payment, may make and establish by laws for the government of said corporation, not repugnant to the constitution and laws of the State—and may do and transact all business, matters and things necessary and proper to carry into effect the purposes of this Act; and all questions shall be determined by a majority of votes, allowing one vote to each share, and absent members may be represented, and vote, at such meetings by an agent authorized for that purpose in writing, which writing shall be filed with the clerk.
Sec. 7. And be it further enacted, That, if said corporation shall not cause said stream to be made convenient for floating lumber thereon, agreeably to the provisions of this act, within the term of six years from the time of the passing thereof, then and in that case, this act and each and every provision thereof shall be void and of none effect.
Source
1. Approved July 1, 1830. Acta, vol. 27, p. 303. See also act of December 13, 1836, Session Laws, 1836, November session, Private Acts, Chap. 109.