USA > Massachusetts > Suffolk County > East Boston > History of East Boston; with biographical sketches of its early proprietors, and an appendix > Part 67
USA > Massachusetts > Suffolk County > East Boston > History of East Boston : with biographical sketches of its early proprietors, and an appendix. > Part 67
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SECTION IV. Be it further enacted, That said corporation shall set apart on said Island, in such place or places thereon as the mayor and aldermen of the city of Boston may designate, a portion of land, not exceeding, in the whole, four acres, free of expense to the city, for the purpose of providing proper sites for engine-houses, school-houses, burial-grounds, and for other public purposes ; provided, that no lot, except the lots for burial-grounds, shall contain more than ten thousand feet, without the consent of this corporation ; and provided further, that said mayor and aldermen shall designate the land so to be taken within six weeks from the passing of this act.
SECTION V. Be it further enacted, That nothing herein contained shall be construed to confirm, interrupt, or impair the existing rights belonging to the proprietors, or others, or of any ferry, already established, or to authorize the building of any bridge or dam over the channel of any public navigable waters, or otherwise permanently to obstruct the same, or to restrain the power of setting up any ferry which the wants or convenience of the public may here- after require.
SECTION VI. Be it further enacted, That at all meetings, the proprietors present shall be respectively entitled to as many votes as they shall hold shares in said corporation ; provided, that no one proprietor shall ever be entitled to
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EAST BOSTON COMPANY.
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more than one quarter part of the whole number of the votes of said corpora- tion, and absent proprietors may vote by proxy, authorized in writing.
House of Representatives, 20th March, 1833.
Passed to be enacted.
(Signed) WV. B. CALHOUN, Speaker.
In Senate, March 20, 1833. Passed to be enacted.
(Signed) P. T. PICKMAN, President.
A copy, attest, (Signed) EDW. D. BANGS, Sec'y of the Commonwealth.
March 25, 1833. Approved.
LEVI LINCOLN.
BY-LAWS OF THE EAST BOSTON COMPANY.
ARTICLE 1. There shall be a stated meeting of the stockholders of the East Boston Company, on the first Monday of May annually, at such time of that day, and at such place, as the directors shall determine. At such stated meet- ing there shall be elected by ballot, from the stockholders, ten directors. They, and every officer chosen or appointed by them, or by the stockholders, shall hold their respective offices for the term of one year, and until others shall be elected and qualified in their places, -excepting in cases of death, resignation, or removal, and excepting that every director shall cease to retain any office in the company when he ceases to be a stockholder. Four of the directors shall constitute a quorum for the transaction of business ; and in all cases in which power has been given, or shall be given, to the directors to do or authorize any act, the same may be done or authorized by a majority of the board present at their meeting, - provided that not less than four of them shall be present. The directors shall elect one of their number to be president of the company, who shall preside at all their meetings, and at all meetings of the stockholders. In case of his absence a president pro tempore shall be elected by the stock- holders, or by the directors. The directors may fill any vacancy that may happen in their board, provided it be done by the consent of two thirds of the directors remaining in office; and until such vacancy be supplied, all the powers and authority conferred on the whole board of directors shall be held and enjoyed by such remaining directors.
ART. 2. All meetings of the stockholders shall be called by an advertise- ment signed by the president or clerk of the company, and published in one or more newspapers printed in the city of Boston, and in one or more news- papers printed in the city of New York, at least ten days before the day appointed for the meeting. Special meetings of the company shall be called, in like manner, whenever the directors shall vote the same to be expedient, and whenever any twenty or more of the stockholders shall, in writing, require the president or clerk to call such meeting. The directors shall determine the time and place of every meeting for which different provision is not made, and
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APPENDIX. [G.
all meetings of the company, and of the directors, shall be held in the city of Boston.
ART. 3. At the meetings of the company, all votes shall be given by the stockholders in person, or by proxy. Authority to act as proxy, or to receive dividends, shall be in writing, signed by the proprietor; and the same, or a notarial copy thereof, shall be delivered to the treasurer and remain on his files.
ART. 4. At all meetings of the stockholders, twenty stockholders, entitled to vote, shall constitute a quorum : and whenever twenty such stockholders shall not be present or represented at any such meeting, the same shall be ad- journed to such time and place as a majority of those present shall deter- mine.
ART. 5. The directors shall appoint their clerk, who shall also be the clerk of the company, - also a treasurer of the company, and a superintendent, and such other officers and agents as they may deem needful, each of whom shall be removable at their pleasure : and the directors shall assign their respective duties and fix their compensation. In the absence of the treasurer or clerk, a person shall be chosen by the directors to fill the office of such absent officer pro tempore. The directors may authorize the treasurer to hire such sums of money as they deem necessary for the use of the company, and cause suitable bonds, promissory notes, or other securities, to be given for the payment thereof, with or without interest, as they may deem expedient ; and may cause suitable mortgages, or other conveyances and transfers of any real estate or personal property of the company, to be made and executed to secure the payment of any moneys so hired. The directors may cause such buildings to be erected as they may deem necessary or advantageous to the interests of the company : they may sell and cause to be transferred and conveyed any mort- gages, promissory notes, or other securities or personal property of the com- pany, for such consideration and on such terms as they think proper: they may sell and cause to be conveyed any and all the lands and real estate of the company to such corporation, corporations, person or persons, in fee-simple, or for any less estate, on such terms and conditions, for such prices or consid- eration, by public vendue or private sale, as they, from time to time, shall deem expedient and most for the interest of the company; and shall cause suitable conveyances to be made thereof: they may demise any of the real estate or personal property of the company as they may deem expedient, at such rents and on such terms as they may think proper, and cause suitable leases to be made thereof. The directors shall declare all dividends, allow accounts, superintend the conduct of the different officers and agents appointed by them, and exercise such other powers and authority as may be necessary or proper in the management of the affairs of the corporation.
ART. 6. The directors shall cause such streets, ways, and passages to be made and maintained as they may deem needful, - shall cause such marsh-land and flats to be filled up as they think requisite, - and such lots of land as they think suitable for sale, to be surveyed, laid out, and prices affixed thereto, -
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EAST BOSTON COMPANY.
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and shall authorize the superintenilent to sell the same. They shall also advise and direct the superintendent in making any other sales and contracts.
ART. 7. The clerk shall be sworn to the faithful discharge of his duties by a justice of the peace, immediately after his election ; and his oath shall be entered, with the signature of the magistrate, on the records of the corpora- tion. The clerk shall attend all meetings of the stockholders, and of the directors, and shall keep records of their doings in separate books. In his absence a clerk pro tempore shall be elected by the stockholders or directors, who shall do all things, while he remains in office, required of the clerk of the corporation.
ART. 8. The treasurer shall give bond, with sureties to the satisfaction of the directors, for the faithful discharge of his duties. He shall have an office in Boston, accessible to all persons having business with the corporation. He shall keep all deeds, promissory notes, and valuable papers of the company. He shall collect and receive all assessments, income, and moneys that may be due to the company, and disburse the same as the board of directors shall order. He shall surrender notes and other promissory papers on payment thereof, and discharge such mortgages as may have been given concerning the same. He shall keep a regular set of books, containing the accounts of the company, and of all its funds that may pass through his hands. He shall lay before the directors, monthly, a written statement of all notes, drafts, promises, and contracts made, signed, or indorsed by him since their last previous meet- ing; an abstract of all moneys received and paid ; a statement of all property bought and sold, and such other matters as he or the board of directors may deem important. He shall make a complete settlement of the accounts and books at least annually, and as much oftener as the board of directors shall require, and shall advise what dividends of profits may be made. He shall render an account of his doings to the stockholders at their annual meetings. .He shall notify each stockholder of all assessments, by a notice published in at least two newspapers printed in Boston, and two newspapers printed in the city of New York, at least thirty days before the day fixed for payment thereof. He shall deposit all moneys received by him in some bank in Boston or New York, or in such other place or places as the directors may designate. He shall issue certificates of stock to all persons entitled thereto, and keep suita- ble books showing the number of shares held by the respective stockholders from time to time. He shall attend faithfully to the duties prescribed in the by-laws, and to all other duties which the directors may require him to per- form.
ART. 9. Every promissory note made in behalf of the company shall be signed by the treasurer, and for any larger sum than one thousand dollars shall be approved in writing on the face thereof by two or more of the directors, and such notes shall be sufficient and valid against the company.
ART. 10. The superintendent shall have the general superintendence and care of the property and concerns of the company, and make and sign all con- tracts of sale, and for leases of the land and property of the company, from time to time, for such consideration, and upon such terms and conditions as the
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APPENDIX. [G.
directors shall order or approve, - and he shall perform all other duties con- nected with his office which the directors shall from time to time assign to him.
ART. 11. This company shall have a common seal, to be preserved and kept by the treasurer, which shall be the same seal hitherto authorized and used by them, bearing the words and figures -" East Boston Company, Inc. March 25, 1833"- with the representation of a dwelling-house, under which are the figures " 1776." 1
ART. 12. The capital stock of the company shall consist of 10,560 shares, and the number thereof may be increased from time to time as the company shall determine. The holders of shares in said capital stock shall be entitled to certificates thereof, to be signed by the president, countersigned by the treas- urer, and authenticated by the common seal : and all certificates of shares in said stock hereafter issued shall be in the following form, namely : -
EAST BOSTON COMPANY. No.
Transfer No.
BE IT KNOWN, That
Proprietor of Shares in the Capital Stock of the
From
EAST BOSTON COMPANY, subject to all assessments thereon, and to the provisions of the Charter and the By-Laws of the Corpo- ration, the same being transferable by an assignment thereof on the books of said Corporation or by a conveyance in writing recorded on said books - and no transfer will be complete until made or recorded in the books of the Corporation, and this certificate surrendered, when a new certificate or certificates will be issued.
Dated at Boston, this day of
Seal of the
A. D. one thousand eight hundred and
Dated
18 .
Company,
PRESIDENT.
TREASURER.
ART. 13. All transfers of shares in the capital stock of said company shall be in the following form, to be printed in the transfer books of said company, namely : -
Rec'd Certif. No.
SHARES. EAST BOSTON COMPANY. No.
Transfer No.
For Value Received
hereby transfer to
From
To
For Shares.
of Shares of the capital stock of the EAST BOSTON COMPANY, subject to all assessments and to the provisions of the Charter and to the By-Laws of the Corpora- tion.
Dated . 18
Dated at A. D. 18
1 The dwelling-house represented on said seal is that which formerly stood in the public square near the head of East Boston wharf, and was the only dwelling-house at East Bos- ton in March, 1833. The materials of it were part of the barracks of General Washington at Cambridge, and were given by him to H. H. Williams, tenant of the Island. See pp. 326, 385.
To
For
Shares.
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EAST BOSTON COMPANY.
ART. 14. In case of the non-payment of any assessment or assessments on the share or shares of any stockholder in said company, the directors may cause any or all such shares to be sold at public auction in the city of Boston, and notice of every such sale shall be given in one or more newspapers printed in said Boston, and in one or more newspapers printed in the city of New York, at least thirty days before the day of such sale, designating the time and place thereof. The treasurer shall transfer to the purchaser all shares so sold at auction, and he shall be entitled to receive a certificate thereof. After de- ducting from the proceeds of sale the amount of all such assessments unpaid, and interest thereon, and all charges and expenses concerning such sale, the balance of proceeds, if any, shall be paid to said delinquent stockholder, or his representatives.
ART. 15. The directors of the East Boston Company are hereby authorized to appoint one or more suitable agents, out of the city of Boston, as register or registers, to receive, transmit, and deliver transfers and certificates of shares in the capital stock of said company. And the said directors shall fix the com- pensation of such register or registers, and make such rules and regulations concerning his duties as they shall deem expedient and proper.
ART. 16. All deeds, conveyances, and mortgages heretofore made in fee- simple, or for any other or less estate, and all leases of any lands or real estate owned by the East Boston Company, executed by the president, countersigned by the treasurer, and authenticated by the seal of said company, are hereby ratified and confirmed, and declared to be the voluntary acts and deeds of said company. And all deeds, conveyances, and mortgages which shall hereafter be made in fee-simple, or for any other or less estate, - all leases of any lands or real estate owned by said company, and all contracts relating thereto executed by the president, countersigned by the treasurer, and authenticated by the seal of said company, are hereby declared to be the voluntary acts and deeds of said company, and shall be valid and effectual as such to all intents and pur- poses.
ART. 17. The directors are hereby authorized to make, or cause to be made, with or without any consideration therefor (except the prospective ad- vantage to the company), any and all such sales, conveyances, and leases of lands, or any interest therein, and all other contracts, agreements, and arrange- ments to and with the Eastern Railroad Company, or any other railroad cor- poration, which they shall deem expedient and for the interest of this com- pany.
ART. 18. The past by-laws and votes of said company are hereby repealed, so far as the same may concern the future acts and proceedings of said com- pany and its officers.
ART. 19. All officers and agents of the company heretofore elected or ap- pointed, shall continue to hold their respective offices, and perform all duties which have been or may be assigned them, until they shall be removed, or others elected or appointed to supply their places.
ART. 20. All acts and doings of the president, directors, clerk, treasurer, 63 *
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APPENDIX. [G.
superintendent, and other officers and agents of the East Boston Company, respectively, done prior to the 1st day of May, A. D. 1836, are hereby approved and confirmed.
Adopted May 2, 1836.
OFFICERS OF THE EAST BOSTON COMPANY.
1833. Directors (elected April 2), W. H. Sumner, Stephen White, F. J. Oliver, Samuel S. Lewis, Daniel D. Brodhead, Amos Binney, Gardner Green- leaf ;- Clerk, Treasurer, and Superintendent (April 3), Samuel S. Lewis; - Executive Committee (April 3), W. H. Sumner, F. J. Oliver, Amos Binney (to 1st Monday in June) - (Sept. 13), Stephen White, Daniel D. Brodhead, Gardner Greenleaf.
1834. President (May 12), William H. Sumner ; - Directors (May 5), W. H. Sumner, Stephen White, F. J. Oliver, Amos Binney, S. S. Lewis, D. D. Brodhead, John Binney ; - Clerk and Treasurer (May 12), Amos Binney ; - Superintendent, S. S. Lewis; - Executive Committee (May 12), F. J. Oli- ver, Stephen White, John Binney; - Solicitor (Aug. 26), John R. Adan.
1835. President (May 18), W. H. Sumner ; - Directors (May 18), W. H. Sumner, Stephen White, F. J. Oliver, John Binney, S. S. Lewis, Wm. Fetty- place, Amos Binney ;- Clerk and Treasurer (May 18), Amos Binney ; - Treasurer (Dec. 15), D. D. Brodhead; - Superintendent (May 18), S. S. Lewis; - Assistant Superintendent (June 3), Wm. Fettyplace ; - Superintend- ent (Dec. 15), Wm. Fettyplace.
1836. President (May 2), W. H. Sumner ; - Directors (May 2), W. H. Sumner, F. J. Oliver, S. S. Lewis, Stephen White, Benj. Lamson, John Bin- ney, Wm. Fettyplace, John L. Graham, Thomas Sargent, D. D. Brodhead ; - Clerk (May 2), D. D. Brodhead (Dec. 19), Wm. Fettyplace ; - Treasurer (May 2), D. D. Brodhead; - Superintendent (May 2,) Wm. Fettyplace.
1837. President (May 5), John Binney -. (June 26), S. S. Lewis; - Direc- tors (May 1), John Binney, S. S. Lewis, D. D. Brodhead, Thomas Sargent, John L. Graham, F. J. Oliver, Steplien White, Benjamin Lamson, Wm. Fetty- place, John Jeffries - (June 26), W. H. Sumner, in place of John Binney, re- signed ; - Clerk (May 5), Wm. Fettyplace ; - Treasurer (May 5), D. D. Brodhead - (Sept. 23), John W. Fenno ; - Superintendent (May 5), Wm. Fettyplace ; - Manager of Ferry (May 16), Wm. Fettyplace - (June 26), Benjamin Lamson.
1838. President (May 12), S. S. Lewis - (June 4), John Jeffries - (Aug. 28), Wm. Austin ; - Directors (May 2), S. S. Lewis, W. H. Sumner, F. J. Oli- ver, Stephen White, John Jeffries, Wm. Fettyplace, James W. Revere, Benja- min Lamson, John L. Graham - (June 1), Benjamin T. Reed, Zebedee Cook, Jr .- (Aug. 28), Wm. Austin - (Oct. 17), John Jeffries, in place of B. T. Reed, resigned ; - Clerk (May 11), Wm. Fettyplace ; - Treasurer (June 4), John W. Fenno ; - Superintendent (May 11), Wm. Fettyplace, to Sept. 12- (Aug. 28), Wm. Austin - (Nov. 28), Wm. Fettyplace ; - Manager of Ferry (June 4), Wm. Fettyplace, Benjamin Lamson.
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EAST BOSTON COMPANY.
1839. President (April 15), John Jeffries, pro tem. - (July 8), Robert G. Shaw ; - Directors (June 27), John Jeffries, John Bryant, Robert G. Shaw, Richard Soule, Benjamin Lamson, Wm. Fettyplace, S. S. Lewis, D. S. Green- ough, F. J. Oliver, Mark Healey; - Clerk (July 8), Wm. Fettyplace ; - Treasurer (July 8), J. W. Fenno ; - Superintendent (July 8), Wm. Fetty- place ; - Executive Committee (July 8), Mark Healey, S. S. Lewis, D. S. Greenough ; - Solicitor (July 8), J. R. Adan.
1840. President (May 7), Robert G. Shaw; - Directors (May 4), Robert G. Shaw, Wm. Appleton (resigns), Mark Healey, S. S. Lewis, J. M. Forbes (resigns), D. S. Greenough, Samuel Dana (resigns), R. S. Fay, Benjamin Lamson, John Jeffries -(June 23),. Wm. Fettyplace, Nathaniel Thayer, James Reed (resigns) in place of Messrs. Appleton, Forbes, and Dana-(Sept. 21), Samuel R. Putnam, in place of James Reed ; - Clerk (Sept. 21), Henry Clark, pro tem. ;- Treasurer (May 7), J. W. Fenno; - Superintendent (May 7), Wm. Fettyplace ; - Managers of Ferry (May 7), Benjamin Lamson, R. S. Fay.
1841. President (May 5), Mark Healey-(July 2), Nathaniel Thayer, pro tem .; - Directors (May 3), John Jeffries, Mark Healey, Benjamin Lamson, Richard S. Fay, Nathaniel Thayer, Samuel R. Putnam, Henry Timmius, John W. Fenno, Joseph S. Cabot, D. S. Greenough ;- Clerk (May 5), S. R. M. Holbrook ; - Treasurer (May 5), Richard S. Fay ; - Superintendent (May 5), Wm. Fettyplace; - Solicitor (May 5), D. S. Greenough ; - Managers of Ferry (May 5), Benjamin Lamson, R. S. Fay.
1842. President (May 13), Mark Healey - (Dec. 27), Benjamin Lamson, pro tem. ; - Directors (May 2), Mark Healey, John Jeffries, Benjamin Lam- son, Nathaniel Thayer, Richard S. Fay, S. R. Putnam, Henry Timmins, John W. Fenno, D. S. Greenough, Joseph S. Cabot ; - Clerk (May 13), S. R. M. Holbrook ; - Treasurer (May 13), R. S. Fay; Superintendent (May 13), W. Fettyplace ; - Executive Committee (May 13), Mark Healey, J. W. Fenno, S. R. Putnam ; - Solicitor (May 13), D. S. Greenough ; - Managers of Ferry (May 13), R. S. Fay, Benjamin Lamson - (June 4), R. S. Fay.
1843. President (May 13), Benjamin Lamson ; - Directors (May 1), John Jeffries, Samuel R. Putnam, Nathaniel Thayer, Benjamin Lamson, Henry Timmins, R. S. Fay, D. S. Greenough, Joseph S. Cabot, George B. Jones, John W. Fenno ; - Clerk (May 13), S. R. M. Holbrook ; - Treasurer (May 13), Richard S. Fay ; - Superintendent (May 13), William Fettyplace ; -Executive Committee (May 13), Nathaniel Thayer, J. P. Cabot, G. B. Jones ; -Solicitor (May 13), D. S. Greenough.
1844. President (May 27), Benjamin Lamson ; - Directors (May 6), Benj. Lamson, R. S. Fay, D. S. Greenough, John Jeffries, S. R. Putnam, Nathaniel Thayer, George B. Jones, Joseph S. Cabot, Caleb C. Gilbert, Ammi C. Lom- bard ; - Clerk (May 27), S. R. M. Holbrook ; - Treasurer (May 27), R. S. Fay ; - Superintendent (May 27), William Fettyplace ; - Executive Com- mittee (May 27), J. P. Cabot, Caleb C. Gilbert, A. C. Lombard.
1845. President (May 21), W. II. Sumner ; - Directors (May 5), Ben-
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APPENDIX. [G.
jamin Lamson, John Jeffries, D. S. Greenough, R. S. Fay, George B. Jones, Nathaniel Thayer, C. C. Gilbert, A. C. Lombard, W. H. Sumner, William Ward ; - Clerk (May 21), S. R. M. Holbrook ; - Treasurer (May 21), R. S. Fay ; - Superintendent (May 21), William Fettyplace ; - Executive Committee (May 21), Benjamin Lamson, C. C. Gilbert, A. C. Lombard.
1846. President (May 4), W. H. Sumner ; - Directors (May 1), R. S. Fay, W. H. Sumner, John Jeffries, Benjamin Lamson, C. C. Gilbert, William Ward, S. S. Lewis, C. O. Whitman, A. C. Lombard, D. S. Greenough ; - Clerk (May 4), S. R. M. Holbrook ; - Treasurer (May 4), R. S. Fay - (Dec. 26), William C. Barstow ; - Superintendent (May 4), William Fettyplace - (May 29), S. G. Rea ; - Manager of Ferry (Dec. 26), W. C. Barstow.
1847. President (May 6), W. H. Sumner; - Directors (May 3), W. H. Sum- ner, Benjamin Lamson, C. C. Gilbert, S. S. Lewis, A. H. Fiske, A. A. Welling- ton, Lewis Rice, Leonard Stanwood, John Foster, L. B. Rice ; - Clerk (May 6), S. R. M. Holbrook - (July 12), George F. Wadsworth ; - Treasurer, Super- intendent, and Manager of Ferry (May 6), William C. Barstow ; - Solicitor (May 6), D. S. Greenough.
1848. President (April 11), S. S. Lewis, pro tem. - (May 6), S. S. Lewis *- (Oct. 3), W. H. Sumner ; - Directors (May 1), W. H. Sumner, Benjamin Lamson, S. S. Lewis, C. C. Gilbert, A. A. Wellington, Lewis Rice, John Fos- ter, Joseph Andrews, J. Amory Davis, C. J. Hendee ; - Clerk (May 6), S. R. M. Holbrook - (June 6), George F. Wadsworth ; - Treasurer, Superintend- ent, and Manager of Ferry (May 6), W. C. Barstow; Solicitor (May 13), E. S. Rand.
1849. President (May 12), W. H. Sumner ; - Directors (May 7), W. H. Sumner, Benjamin Lamson, S. S. Lewis, C. C. Gilbert, A. A. Wellington, Lewis Rice, John Foster, J. Amory Davis, Charles J. Hendee, Joseph An- drews ; - Clerk (May 12), George F. Wadsworth ; - Treasurer, Superin- tendent, and Manager of Ferry (May 12), W. C. Barstow ; - Solicitor (May 12), E. S. Rand.
1850. President (May 10), W. H. Sumner - (Dec. 7), S. S. Lewis, pro tem .; t- Directors (May 6), W. H. Sumner, Benjamin Lamson, S. S. Lewis, J. Amory Davis, C. C. Gilbert, A. A. Wellington, Charles J. Hendee, J. An- drews, Pliny Cutler, Lewis Rice ;- Clerk (May 10), G. F. Wadsworth ; - Treasurer, Superintendent, and Manager of Ferry (May 10), W. C. Barstow ; - Solicitor (May 10), E. S. Rand.
1851. President (April 17), S. S. Lewis (May 5), S. S. Lewis ; - Direc- tors (May 5), S. S. Lewis, Benjamin Lamson, C. J. Hendee, A. A. Welling- ton, J. W. Fenno, - (May 5, 1851, number of Directors reduced to five) ; - Clerk (May 5), G. F. Wadsworth; - Treasurer, Superintendent and Manager of Ferry (May 5), W. C. Barstow ; - Solicitor (May 5), E. S. Rand.
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