90 EXPRESS SERVICE ON RAILROADS. Transportation of contagious dead bodies forbidden, un. less, etc. Penalty. 1887, 335. Acts of 1883, Chapter 124, § 2. An Act relating to the Removal and the Transportation of Certain SECTION 2. No railroad corporation, or other common carrier or person, shall convey or cause to be conveyed, through or from any city or town in this Commonwealth, the remains of any person who has died of small-pox, scarlet fever, diphtheria, or typhoid fever, until such body has been so encased and prepared as to preclude any danger of communicating the disease to others by its transportation; and no local registrar or clerk shall give a permit for the removal of such body until he has received from the board of health of the city or the selectmen of the town where the death occurred, a certificate, stating the cause of death, and that said body has been prepared in the manner set forth in this section, which certificate shall be delivered to the agent or person who receives the body. Any person violating the provisions of this section shall be punished by fine not exceeding twenty-five dollars. SECTION 3. This act shall take effect upon its passage. [Approved April 11, 1883. Application of P. 8. 112, § 188, to persons now Express Service on Railroads. Acts of 1894, Chapter 469. An Act relative to the transaction of Express Business within the SECTION 1. The provisions of section one hundred and eighty-eight of chapter one hundred and twelve of the Public Statutes shall apply to all persons and companies now engaged in only a local express business, for the forwarding of express matter between points within the Commonwealth, in the trains or cars of any railroad corporation, and to persons or companies railroad trains. desiring to engage therein who may obtain the recommendation of the board engaged in, or who may be recommended by board for, local express business on of such persons, contract for express service over its lines. See P. S. 112, § 19. Terms and of railroad commissioners therefor, and who may by written agreement assume to indemnify such corporation against all loss of and damage to any property carried by them on its trains. The recommendation of the railroad commissioners in each case shall be given only after notice to all parties interested and a hearing thereon, and having due regard among other conSubject to rights siderations to what the public interests may require. Such corporation may corporation may contract with one or more persons or companies for the express service over its line or system, subject to the rights of such persons or companies as now are engaged in, or shall have obtained the recommendation aforesaid, to conduct such local express business thereon between points within the Commonwealth under the provisions of this act; and the terms, facilities and accommodations provided for such last mentioned persons or companies shall not be unreasonable or unequal, having regard to the amount and character of the service, and also to such reasonable regulation of said business as may be required for the public interest and the efficient operation of the railroad. SECTION 2. Every such corporation shall sell to any express messenger or person conducting a local express business, as aforesaid, in its trains or cars within the Commonwealth, a season ticket for his personal transportation at a price not exceeding that at which similar tickets are sold to passengers, upon receiving from him a release of all right, to whomsoever accruing, to damages or compensation for death or for any personal injury received by him while riding on such ticket. facilities not to be unequal, considering amount of service, etc. Local express messenger to be sold a season ticket, etc. Board may authorize Sunday [See page 91, Public Statutes, Chapter 98, § 15.] Sunday Steamboats. Acts of 1897, Chapter 389. An Act relative to the running of Steamboats on the Lord's Day. SECTION 1. The board of railroad commissioners may, when in their opinion the public necessity, convenience, health or welfare require, authorize the running of steamboats on the Lord's day; and the running so §15; 1887, 391, authorized may be for the entire year or any part thereof. They may § 3. steamboats. See P. S. 98, Repeal. impose on the managers of such steamboats such conditions as they deem judicious to prevent disorderly conduct or the disturbance of public worship, and they may revoke at any time, in their discretion, the authority or license by them granted to said managers. SECTION 2. All acts and parts of acts inconsistent herewith are hereby repealed. SECTION 3. This act shall take effect upon its passage. [Approved May 12, 1897. SUNDAY TRAINS. 91 SECTION 3. No railroad corporation shall be liable to any person for Corporation not responsible for damages for personal injuries caused by acts or omissions of the persons or acts of expresscompanies doing an express business over its lines, or of the agents or ser- men, etc. vants of such persons or companies. steamboat lines. SECTION 4. The provisions of this act shall apply to the proprietors of Act to apply to steamboat lines within the Commonwealth, and to persons engaged or desiring to engage in the express business thereon. SECTION 5. The supreme judicial and superior courts shall have power Remedies. to enforce the provisions of this act by injunction, mandamus, or other suit able process. SECTION 6. Nothing herein contained shall be construed to deprive any Construction. railroad corporation of any right which it now has, under its charter and the general law, to perform all the transportation of property upon its road. SECTION 7. This act shall take effect upon its passage. [Approved June 14, 1894. SUNDAY TRAINS. Public Statutes, Chapter 98, §§ 2, 8, 9, 15. Of the Observance of the Lord's Day. labor, etc., necessity and 135 Mass. 113. Amended. See 1884, 37. Certain kinds of SECTION 2. Whoever on the Lord's day keeps open his shop, warehouse, Prohibition of or workhouse, or does any manner of labor, business, or work, except works except works of of necessity and charity, or takes part in any sport, game, or play, or, except as allowed or prohibited in the preceding section, is present at any dancing or public diversion, show, game, or entertainment, shall be punished by fine not exceeding fifty dollars for each offence; but nothing in this section shall be held to prohibit the manufacture and distribution of steam, gas or electricity for illuminating purposes, heat or motive power; nor the distribution of water for fire or domestic purposes; nor the use of the telegraph or the telephone; nor the retail sale of drugs and medicines, nor articles ordered by labor and busithe prescription of a physician, nor mechanical appliances used by physicians ness excepted. or surgeons; nor the letting of horses and carriages; nor the letting of yachts and boats; nor the running of steam ferry-boats on established routes; of street railway cars; nor the preparation, printing and publishing of newspapers, nor the sale and delivery of newspapers; nor the wholesale or retail sale or delivery of milk, nor the transportation of milk, nor the making of butter and cheese; nor the keeping open of public bath houses; nor the making or selling by bakers or their employees of bread, or other food usually dealt in by them, before ten of the clock in the morning and between the hours of four of the clock and half-past six of the clock in the evening. SECTION 8. Prosecutions for penalties incurred under the preceding provisions of this chapter shall be instituted within six months after the offence is committed. Limitation of prosecution. G. 8. 84, § 10. SECTION 9. All sheriffs, grand jurors, and constables shall inquire into Sheriffs, etc., to and inform of all offences against the preceding provisions of this chapter, G. S. 84, § 8. and cause the same to be carried into effect. prosecute. Board may day trains, etc. authorize Sun 1881, 119. SECTION 15. The board of railroad commissioners may authorize the running of such steamboat lines, and upon any railroad of such [through] trains, on the Lord's day, as, in the opinion of the board, the public neces- Amended. sity and convenience may require, having regard to the due observance of 1887, 391, § 3. the day. 92 RAILROAD POLICE. Acts of 1887, Chapter 391, §§ 2, 3. An Act to further regulate the Observance of the Lord's Day. SECTION 2. Section two of said chapter is hereby amended by adding at Certain kinds of the end thereof the following: - but nothing in this section shall be held Amendment of P. 8. 98, § 2. labor and busi ness excepted. Amended. 1893, 41. Amendment of 15. to prohibit the manufacture and distribution of steam, gas or electricity for illuminating purposes, heat or motive power; nor the distribution of water for fire or domestic purposes; nor the use of the telegraph or the telephone; nor the retail sale of drugs and medicines, nor articles ordered by the prescription of a physician, nor mechanical appliances used by physicians or surgeons; nor the letting of horses and carriages; nor the letting of yachts and boats; nor the running of steam ferry-boats on established routes; of street railway cars; nor the preparation, printing and publishing of newspapers, nor the sale and delivering of newspapers; nor the wholesale or retail sale [and] or delivery of milk, nor the transportation of milk, nor the making of butter and cheese; nor the keeping open of public bath houses; nor the making or selling by bakers or their employees of bread, or other food usually dealt in by them, before ten of the clock in the morning and between the hours of four of the clock and half-past six of the clock in the evening. SECTION 3. Section thirteen of chapter ninety-eight of the Public Statutes is hereby amended by striking out the word "travel" therefrom; and section fifteen of the same chapter is hereby amended by striking out the word "through" therefrom, and by inserting after "running":- of such steamboat lines, and. [Approved June 9, 1887. Appointment of railroad police. 1874, 372, § 143. 1880, 85, § 1. Copy of appoint- 1874, 372, § 143. Term of office. 1874, 372, § 143. 1880, 85, § 2. Amended. 1883, 65. RAILROAD POLICE. Public Statutes, Chapter 103, §§ 13-18, 20. Of District and Other Police Officers. SECTION 13. The mayor and aldermen of a city or the selectmen of a town, upon the petition of a railroad corporation having a passenger station therein, or of a common carrier of passengers by water for hire having a usual place of receiving or discharging passengers therein, may appoint as many as they may deem proper of the persons in the employment of said petitioner as police officers, for the purposes and with the powers hereinafter set forth. SECTION 14. A copy of the record of all such appointments shall be filed by the petitioner with the clerk of each place in which such corporation draws cars by its own motive power, or such carrier is accustomed to receive or discharge passengers, and in which it is intended that such police shall act; and the filing of such copy shall constitute the persons named therein railroad or steamboat police, respectively, within such towns or cities, and upon the boats or vessels of such carriers by water while within the boundaries of the commonwealth. SECTION 15. Such police officers shall [hold their offices during the pleasure of the mayor and aldermen or of the selectmen by whom they are appointed] be sworn before any justice of the peace, and shall hold their offices until their appointment is revoked by the mayor and aldermen of the city, or by the selectmen of the town, where they are appointed; but such petitioner, upon ceasing to require the services of any such officer, shall file a notice to that effect in the several offices in which notice of such appointment was originally filed, and thereupon the power of such officer shall cease. |