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The preceding section, and R. S. 39, § 79, 80

and 81,extended. Ibid, $2.

Corporation

shall provide a gate, or bars, when adjudged necessary.

County commis

sioners may

built acoss high

way, &c. Ibid, § 3.

Shall have origi

to the mayor and aldermen thereof, and such inhabitants shall be liable for costs when the railroad corporation shall be the prevailing party, and before the hearing of the application, shall give bonds, with sufficient surety, for the payment of such costs, if the mayor and aldermen shall so adjudge. 18. The provisions of the preceding section, and of the seventy-ninth, eightieth, and eighty-first sections of the thirty-ninth chapter of the Revised Statutes,1 are declared applicable to all crossings by railroads of any highway, turnpike, town-way, or travelled place, upon the same level therewith, which did, at the passage of said statute of 1849, or might thereafter exist; provided, that, whenever it shall be adjudged that a railroad corporation shall provide security against a travelled place, not laid out and adjudged to be a town-way or a highway, the said corporation shall provide a gate for the same, or bars, as the county commissioners shall order.

19. The county commissioners may direct gates to be direct gates to be built across the turnpike, highway or town-way, when the same crosses such railroad, instead of across said railroad. 20. The original jurisdiction of all questions touching of questions as obstructions to turnpikes, highways, or town-ways, caused by the construction or operation of railroads, shall be vested in the county commissioners of the respective counties wherein such obstructions shall occur.

nal jurisdiction

to obstructions

by railroads.

Ibid § 4.

S. J. Court, shall have equity jurisdiction to enforce decisions of county commissioners. Ibid 5.

21. The supreme judicial court shall have jurisdiction in equity, and may compel railroad corporations to raise or lower any turnpike, highway or town-way, when the county commissioners have decided, or may decide, in due and legal form, that such raising or lowering of any such way is necessary for the security of the public, and to compel railroad corporations to comply with the orders, decrees, and judgments of county commissioners, in all cases touching obstructions, by railroads, in any of said ways.2

1 That is, §§ 14, 15, and 16, ante.

2 For other provisions respecting railroads, see R. S. c. 39, §§ 45–86, and c. 130, § 21; 1836, c. 278; 1837, c. 226; 1838, c. 99; 1839, c. 76; 1840, c. 83, 85; 1841, c. 34, 69, 125; 1843, c. 10, 68; 1845, c. 191; 1846, c. 97, 190; 1847, c. 181; 1848, c. 140, 327; 1849, c. 131, 153, 161, 172, 191; 1850, c. 44. For the act respecting a temporary branch railroad over South Bay, see Public Lands, p. 309, ante.

[blocks in formation]

city City clerk to re

and

cord all births

1. By the provisions of the Revised Statutes, the clerk 1 was required to keep a record of the births deaths of all persons within the city, and coming to his knowledge; and to specify in such record the day of each clause 17.

1 See § 10, p. 324, post, providing for the choice of a city registrar, to perform the duties herein imposed upon the city clerk.

and deaths in R. s. 15, 46.

the city.

Parents and others, to give notice to city clerk, of births and deaths. Ibid.

R. S. 15, § 47.

Clerks to transmit to secretary

wealth copies of

marriages and deaths.

birth and death, and the names of the parents of such persons, if known.

2. Parents in the city shall give notice to the city clerk of all the births and deaths of their children; and every householder shall give the like notice of every birth and death happening in his house; and the eldest person next of kin shall give such notice of the death of his kindred; and the keeper of any alms-house, work-house, house of correction, prison or hospital, and the master or other commanding officer of any ship, shall give the like notice of every birth and death, happening among the persons under his charge; and every person, neglecting to give such notice, for the space of six months, after the birth or death shall have happened, shall forfeit to the use of the city a sum not exceeding five dollars.

3. The clerks of the several cities and towns in this of the common- Commonwealth shall, annually, on or before the first day of record of births, February, return to the secretary of the commonwealth copies of the records of the births, marriages, and deaths, which have occurred within their respective cities and towns during the next preceding year ending December thirty-first.

1844, 159, § 1. 1849, 202, 5.

Births, how to

be recorded, and with what particulars.

Marriages.

The births shall be numbered and recorded in the order in which they are received by the clerk. The record of births shall state in separate columns the date of the birth, the place of birth, the name of the child, (if it have any,) the sex of the child, name and surname of one or both of the parents, occupation of the father, residence of the parents, and the time when the record was made.

The marriages shall be numbered and recorded in the order in which they are received by the clerk. The record of marriages shall state in separate columns, the date of the marriage, the place of the marriage, the name, residence, and official station of the person by whom married, the names and surnames of the parties, the residence of each, the age of each, the condition of each, (whether single or widowed,) the occupation, names of the parents, and the time when the record was made.

The deaths shall be numbered and recorded in the order Deaths. in which they are received by the clerk. The record of deaths shall state in separate columns the date of the death, the name and surname of the deceased, the sex, condition, (whether single or married,) age, occupation, place of death, place of birth, names of the parents, disease, or causes of death, and the time when the record was made.

tees to make

births, to town

and city clerks.

1844, 159, § 2.

"

4. The school committee of each city or town shall, School commitannually, in the month of May, ascertain from actual annual returns of inquiry or otherwise, all the births which have happened within such city or town, during the year next preceding the first day of said May, together with the facts concerning births required by the preceding section, and shall make an accurate return thereof to the clerk of such city or town, on or before the last day of said May; and the said school committee, or other person authorized by them to make such returns, shall be entitled to receive from the treasury of such city or town, five cents for each and every birth so returned.

Persons solemnto keep a record

izing marriages,

thereof, and to

monthly, to town

and city clerks.

Ibid, § 3.

5. Every justice, minister, and clerk, or keeper of the records of the meeting wherein any marriages among the Friends or Quakers shall be solemnized, shall make a record make returns, of each marriage solemnized before him, together with all the facts relating to marriages required by the third section; and each such justice, minister, clerk, or keeper, shall, between the first and tenth days of each month, return a copy of the record for the month next preceding, to the clerk of the city or town in which the marriage was solemnized; and every person as aforesaid, who shall neglect to make the returns required by this section, shall, R. S. 75, § 18. upon conviction thereof, forfeit for each neglect a sum, not less than twenty, nor more than one hundred dollars; one moiety thereof to the use of the county in which he resides, and the other moiety to the use of the person who shall prosecute therefor.

charge of burial

6. Each sexton, or other person, having the charge of Persons having any burial ground in this commonwealth, shall, on or before grounds to make the tenth day of each month, make returns of all the facts rials monthly, to required by the third section, connected with the death of clerks.

returns of bu

town and city

144, 159, § 4.

Clerks to distribute blank

any person whose burial he may have superintended during the month next preceding, to the clerk of the city or town. in which such deceased person resided at the time of his death. And such sexton, or other person, shall be entitled to receive from the treasury of the city or town in which the return is made, five cents for the return of each death made agreeably to the provisions of this act.1

7. It shall be the duty of the clerks of the several cities forms of returns. and towns, to make such distribution of blank forms of reIbid, § 6. turns as shall be designated by the secretary of the commonwealth.

Secretary of the commonwealth

with books and

blanks, and to prepare and re

port abstract of

returns to the

legislature an

nually. Ibid, § 7.

8. The secretary of the commonwealth shall prepare to furnish clerks and furnish to the clerks of the several cities and towns in this commonwealth, blank books of suitable quality and size, to be used as books of record, according to the provisions of the five preceding sections, and also blank forms of returns as herein before specified, and shall accompany the same with such instructions and explanations as may be necessary and useful; and he shall receive said returns, and prepare therefrom such tabular results, as will render them of practical utility, and shall make report thereof annually to the legislature, and generally shall do whatever may be required to carry into effect the provisions of this and the five preceding sections.

Penalty for neglect by clerks. Ibid, 8.

Clerks to obtain

and record information.

1849, 202, § 1.

9. Any clerk, who shall neglect to comply with the requirements of the six preceding sections, shall be liable to a penalty of ten dollars, to be recovered for the use of any city or town where such neglect shall be proved to have existed.2

10. Town and city clerks are authorized and required to obtain, record, and index, the information concerning Registrar may be births, marriages, and deaths, now required by law. Towns form this duty, and cities, containing more than ten thousand inhabitants, may choose a person, other than the town or city clerk, to

chosen to per

in certain cases.

1 The 5th section of stat. 1844, c. 159, providing for the fees of the clerk, appears to be superseded by subsequent provisions. See § 11, p. 325, post.

2 Stat. 1844, c. 159, § 9, repealed Stat. 1842, c. 95.

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