shall pay all taxes which have been legally assessed upon them by said town of Amesbury; and all taxes heretofore assessed and not collected, shall be collected by and paid to the proper officers of said town of Amesbury, in the same manner as if this act had not been passed. And until the next state valuation, the proportion of state and county taxes to be assessed upon said towns of Amesbury and Merrimac shall be ascertained and determined by the last valuation of said town of Amesbury, and the assessors of said town of Amesbury shall make return of said valuation and of the proportions thereof in said towns of Amesbury and Merrimac respectively, to the secretary of the Commonwealth and to the commissioners of the county of Essex. support of SECTION 3. Said towns of Amesbury and Merrimac Liability for shall be respectively liable for the support of all persons paupers. who now are or shall hereafter be in need of relief as paupers, whose settlements were gained, whether by original acquisition or derivation, within their respective limits; and said town of Merrimac shall also pay annually to said town of Amesbury two-fifths of the costs paid by the last named town for the support or relief of paupers whose settlements were acquired therein or derived from a settlement acquired therein in consequence of military services in the war of the rebellion: provided, that the person who rendered such military service was not at the time of his enlistment an inhabitant of said Amesbury. SECTION 4. Said town of Merrimac shall pay annually to the town of Amesbury, two-fifths of the amount paid by said town of Amesbury, for the maintenance of the Essex Merrimac and Rock's bridges, until such time as a new apportionment shall be made, or a different method adopted for the maintenance of said bridges. SECTION 5. All suits or proceedings at law or in equity, where the cause of action in favor of or against the town of Amesbury arose before the passage of this act, may be instituted and prosecuted, or defended, as the case may be, by either or both of the towns of Amesbury and Mer rimac in the name of the town of Amesbury or of the inhabitants thereof in their corporate capacity, in the same manner and with the same effect as the town of Amesbury might have instituted and prosecuted or defended such suits or proceedings if this act had not been passed; and the net amount recovered by said town of Amesbury, Support of Essex Merrimac and Rock's bridges. prosecuted or Suits may be defended by Amesbury or where cause of before passage of this act. Merrimac, action arose Provisos. Division of corporate property after deducting all costs and expenses, or the amount ascertained to be due from said town in any such suit or proceeding, shall be divided between the towns of Amesbury and Merrimac in the proportion that the public property and debts of the town of Amesbury are required to be divided by this act: provided, that neither of said towns shall be liable for costs to the other, unless it appears in the suit; nor shall either town, unless it appears in a suit, be liable for costs to the defendant therein, but only that town which appears shall be so liable for costs; and provided, further, that nothing in this section shall be construed to relieve the town of Merrimac from paying to the town of Amesbury the proportionate part prescribed by this act of costs and expenses incurred before the passage of this act in any suit or proceeding pending at the time of said passage, in like manner as is provided in this act for other debts of the town of Amesbury. SECTION 6. The corporate property belonging to said and public debt. town of Amesbury at the passage of this act, and the public debt of said town existing at said date, shall be divided between said towns of Amesbury and Merrimac in the following manner, viz.: said town of Merrimac shall receive two-fifths of said corporate property and shall pay two-fifths of said public debts, the remaining three-fifths of said property to be received, and the remaining three-fifths of said debts to be paid by said town of Amesbury; and said town of Merrimac shall receive aid and bounties two-fifths of whatever amount may be hereafter refunded to said town of Amesbury from the state or the United States to reimburse said town of Amesbury for bounties to soldiers or state aid paid to soldiers' families, after deducting all reasonable expenses; and said town of Merrimac shall bear the expense of making the survey and establishing the line between said towns. Re-imburse ment for state to soldiers. Surplus revenue. Merrimac to remain a part of sixth congressional district. SECTION 7. The town of Merrimac shall pay to the town of Amesbury two-fifths of the "surplus revenue" whenever payment of the same shall be called for by the government of the United States. SECTION 8. The town of Merrimac, until otherwise provided by law, shall continue to be a part of the sixth congressional district, and the voters of said town shall vote for representatives to congress at meetings in said town legally called for the purpose. state officers. SECTION 9. The town of Merrimac, until the expira- Election of tion of the present political year, for the purposes of any appointment or election which may be had to fill a vacancy arising in the council, senate or house of representatives, shall continue to be a part of the fifth council district, of the fourth Essex senatorial district, and of the first Essex representative district; and in any election to fill such vacancy the voters of the town of Merrimac shall vote at meetings in said town, legally called for that purpose; and in case a new election is ordered during the present political year to fill a vacancy in the house of representatives for the first Essex representative district, the clerk of the town of Merrimac shall meet with the clerks of the towns of Amesbury, Salisbury and West Newbury, for the purpose of ascertaining the result of said election and of making certificates of the same at a meeting to be held at noon on the day following said election, or at any adjournment of said meeting, according to law, at the town clerk's office in Amesbury. SECTION 10. In all elections held within the present political year, or afterwards, for members of the council or senate, or for representatives to the general court, for terms of service beginning after the expiration of the present political year, the town of Merrimac shall be a part of the same council, senatorial or representative district as that in which the town of Amesbury may be lawfully placed; and the voters of the town of Merrimac shall vote in such elections at meetings in said town legally called for the purpose; and the clerk of the town of Merrimac shall meet with the clerk of the town of Amesbury, and the clerks of any other town or towns which may be included in the same district therewith, for the purpose of ascertaining the result of said election and of making certificates of the same, at a meeting to be held at noon on the day following said election, or at any adjournment of said meeting, according to law, at such place as may be duly appointed. SECTION 11. Any justice of the peace within and for the county of Essex, may issue his warrant, directed to any inhabitant of the town of Merrimac, requiring him to notify and warn the inhabitants thereof qualified to vote in town affairs, to meet at the time and place therein appointed, for the purpose of choosing all such town officers as towns are by law authorized and required to choose at Amesbury and Merrimac to be in same districts for election of state officers. First meeting for election of town oflicers. their annual meetings; and said warrant shall be served by publishing a copy thereof in some newspaper printed in the county of Essex, and by posting up copies thereof, all attested by the person to whom the same is directed, in three public places in said town of Merrimac seven days at least before such time of meeting. Such justice, or in his absence such individual required to notify the meeting, shall preside until the choice of moderator in said meeting. The selectmen of the town of Amesbury shall, before said meeting, prepare a list of voters in said town of Merrimac qualified to vote at said meeting, and shall deliver the same to the person presiding at such meeting before the choice of a moderator thereof. SECTION 12. This act shall take effect upon its passage. Approved April 11, 1876. [1861, 63; 1862, 32; 1863, 97; 1864, 284; 1865, 118, 201; 1867, 6; 1869, 164, 397; 1874, 260.] Chap. 132 AN ACT authorizing an Exchange of the Bonds of the Salem Street Salem Street Railway bonds may be exchanged. Bonds received in exchange to be cancelled. Bondholders' rights not to be affected. Subject to Be it enacted, etc., as follows: Railway. SECTION 1. The franchise and property of the Salem Street Railway, conveyed in mortgage to trustees, to hold the same as security for the bonds of said company, issued in its present name, or in the name of the Salem and South Danvers Railroad Company, shall be held and applied in like manner as security for such of the bonds of the Naumkeag Street Railway Company as may be exchanged for any of said bonds of the Salem Street Railway, issued under either of said names; and said security shall be in addition to the security already held in trust for the bonds of the Naumkeag Street Railway Company. SECTION 2. The bonds received in exchange, as aforesaid, shall be cancelled and delivered up to said trustees, who shall certify thereon that they are cancelled as aforesaid; and a certificate setting forth the fact and date of said exchange, and signed by one of said trustees, shall be made upon each one of the bonds of the Naumkeag Street Railway Company given in exchange therefor. SECTION 3. Nothing in this act shall be construed to diminish the security or affect the rights of the holder of any bond of the Salem Street Railway, who may not choose to make an exchange under this act. SECTION 4. This act shall take effect when accepted by a majority of the stockholders of the Salem Street Rail- acceptance by way, present at a meeting called for that purpose. Approved April 11, 1876. [Accepted August 6, 1881.] [1871, 289; 1872, 124; 1873, 16.] stockholders. AN ACT to provide Additional Terminal Facilities in Springfield for the Chap. 134 Springfield, Athol and North-Eastern Railroad and the Springfield and New London Railroad. Be it enacted, etc., as follows: facilities for The Springfield and New London Railroad Company and Terminal the Springfield, Athol and North-Eastern Railroad Com- railroads in pany, or any lessee lawfully operating the railroad of Springfield. either of said corporations, may enter upon and use the road of the Boston and Albany Railroad Company with passenger trains between the junction of the roads of the two first named corporations and the passenger station of the Boston and Albany Railroad Company in Springfield, and may have suitable accommodations at said station for said trains and for passengers: provided, that the board Proviso. of railroad commissioners after hearing the parties in interest shall adjudge such entering upon and use of the road and passenger station of said Boston and Albany Railroad to be necessary and desirable, and shall fix a reasonable compensation to be paid therefor. Approved April 11, 1876. [1878, 113; 1880, 172.] [1872, 143, 295; 1873, 9, 146, 187, 324; 1874, 55, 63, 183, 213; 1876, 40.] AN ACT to authorize the Old Colony Railroad Company to purchase Chap. 135 the Railroad of the Fall River, Warren and Providence Railroad Company. Be it enacted, etc., as follows: SECTION 1. The Old Colony Railroad Company is authorized to purchase the rights, franchise and property of the Fall River, Warren and Providence Railroad Company; and the said Fall River, Warren and Providence Railroad Company is authorized to convey and assign to the said Old Colony Railroad Company its franchises and property, and all the rights, easements, privileges and powers granted to it; and the said Old Colony Railroad Company shall, upon such conveyance being made to it under the provisions of this section, have and enjoy all the rights, powers, privileges, easements, franchises and property of said Fall River, Warren and Providence Railroad |