seem to them fit in order to prevent the slaughter and sale [1877, 56; 1878, 99.] [1872, 199; 1874, 154.] Chap. 146 AN ACT to confirm the Acts and Doings of William B. Harding as Acts and doings confirmed. Assistant Clerk of the Central District Court of Worcester. Be it enacted, etc., as follows : SECTION 1. All acts and duties done and performed by William B. Harding during the time that he acted as clerk of the central district court of Worcester, under the name of assistant clerk, by appointment of Theodore S. Johnson, clerk of said court, are hereby confirmed and made valid and binding upon all parties, as if said acts and duties had been done and performed by said Theodore S. Johnson, the clerk of said court. SECTION 2. This act shall take effect upon its passage. Chap. 149 AN ACT to authorize the City of Fall River to lay out and construct a Way, known as Pleasant Street, through a Private Burial Ground. City of Fall River may lay out a street through burial ground. Be it enacted, etc., as follows: SECTION 1. The city of Fall River is hereby authorized to lay out and construct the street, or way, known as Pleasant Street, in and through the private burial ground located on the northerly side of said Pleasant Street, and being a part of the Carr Estate, so called: provided, that no Remains of the burial lot in which are buried the remains of the dead shall be entered upon under the provisions of this act until the other cemetery. remains shall have been removed to some other cemetery without expense to the owner of such burial lot. dead to be removed to an Assessment of damages. Proviso. SECTION 2. Said city shall be liable to the owners of said burial ground, to pay all damages sustained in their property by the taking of any lands under the provisions of the preceding section. If the owners, or any one of them, sustaining damages as aforesaid, cannot agree with the city upon the amount of said damages, he or they may have said damages assessed in the same manner as provided in case of taking land for highways: provided, that any application for a jury to assess said damages, shall be made within one year after said damages are sustained. [1848, 307; 1849. 108; 1850, 312; 1852, 40, 146, 155, 297; 1854, 226; 1855, 304; 1856, 237; 1859, 70, 117; 1860, 184, 202; 1861, 65; 1866, 293; 1867, 253, 304; 1868, 51, 333, 350; 1870, 252; 1871, 355; 1872, 175, 287; 1873, 346; 1874, 402, 403.] AN ACT to provide for the Relocation of the Troy and Greenfield Chap. 150 Railroad in the Towns of Greenfield and Deerfield, and for other purposes. Be it enacted, etc., as follows: Troy and Greenfield Rail Connecticut in Greenfield. SECTION 1. The manager of the Troy and Greenfield Railroad and of the Hoosac Tunnel, with the approval of the governor and council, is hereby authorized to enter with said railroad upon the lands of the Connecticut River Railroad at or near the passenger depot in said Greenfield, and pass with said road through said depot grounds in a direction southerly and westerly from said depot at the distance of sixty-six feet from the south-west corner of said building, and through the freight depot of the Connecticut River Railroad Company or westerly thereof to a point opposite to the northern terminus of the Vermont and Massachusetts Railroad in Greenfield, according to location filed in the office of the county clerk of the county of Franklin on the twenty-eighth day of March in the year eighteen hundred and fifty-four; and the said Vermont and Massachusetts Railroad Company is hereby authorized to relocate its road so far as may be necessary to continue pany may re the line from the point before specified in the same general direction till it intersects with its present centre line at or near Russell Street, and may also relocate its road in the town of Deerfield on the westerly side of said Connecticut River Railroad, and the said Vermont and Massachusetts Railroad Company is authorized to take the land therefor in the method prescribed by law in cases of land taken for railroad and station purposes. Vermont and Massachusetts locate its road. Vermont and Massachusetts SECTION 2. The Vermont and Massachusetts Railroad Company is hereby authorized to change the location of its railroad in the towns of Deerfield and Greenfield, so far as change location. may be requisite and necessary to move its grade-crossing of the Connecticut River Railroad to any point which may be agreed upon with the Connecticut River Railroad Company between the site of the present crossing and the proposed intersection of the Troy and Greenfield Railroad with the Vermont and Massachusetts Railroad. River and SECTION 3. The Connecticut River Railroad Company Connecticut and the Vermont and Massachusetts Railroad Compary are hereby severally authorized to exchange with each other Massachusetts the whole or any parts of the lands covered by their respective locations between the present grade-crossing of the Connecticut River Railroad by the Vermont and Massachusetts Railroad, in the town of Deerfield, and the terminus of the Vermont and Massachusetts Railroad in the town of Greenfield. In case any such exchange of locations takes place by agreement between the two companies, the Connecticut River Railroad Company shall have and enjoy all the rights and privileges and be subject to all the duties which originally devolved upon the Vermont and Massachusetts Railroad Company by reason of such part of its location, and the Vermont and Massachusetts Railroad Company shall have and enjoy all the rights and privileges and be subject to all the duties which originally devolved upon the Connecticut River Railroad Company by reason of such part of its location. And each of the said corporations shall file its amended location with the clerk of Franklin County within one year after such exchanges take place. SECTION 4. The manager of the Troy and Greenfield Railroad and Hoosac Tunnel, with the approval of the governor and council, may change the location of or relocate said Troy and Greenfield Railroad in the town of Deerfield and locate the same in the town of Greenfield, as far as shall be deemed advisable to adapt it for the transmission of passengers and freight, and for this purpose said manager, with the approval of the governor and council, may lay out said road, and for the purpose of cuttings, embankments, and procuring stone and gravel, may purchase or otherwise take as much more land as may be necessary for the proper construction and security of the road, or may be at any time necessary for depot and station purposes, to the same extent as railroad corporations established by the laws of this Commonwealth are authorized to do, and he shall within one year file with the commissioners of the county of Franklin the location of the road as thus laid out, defining the courses, distances and boundaries of said road. SECTION 5. If said manager for the purpose of making or securing said road, or for station or depot purposes, requires land or materials, without the limits of the route fixed as aforesaid, and is unable to obtain the same by agreement with the owner, he may apply to the county commissioners for said county, who after notice to the owner, may prescribe the limits within which the same may be taken in the manner prescribed for railroad corporations, without his permission, and said manager shall file a location thereof within one year with the commissioners of said county defining the courses, distances and boundaries of the same. SECTION 6. Said manager under the direction of the governor and council and with their approval, shall have and exercise the power and authority conferred upon railroad corporations by the "general railroad act" approved in the year one thousand eight hundred and seventy-four, for the purposes expressed in this act and the act to which this is in addition, and shall pay all damages occasioned by laying out, making, locating and relocating said railroad, or by taking any lands or materials therefor; and such damages shall upon the application of either party, be estimated by the county commissioners in the manner provided in laying out highways, when said manager is not able to obtain by agreement with the owner, the land or materials necessary for the purposes of the road, which damages said manager, with the advice and approval of the governor and council, is authorized in behalf of the Commonwealth to settle and pay, or refer to arbitration. Either party, if dissatisfied with the estimate of the commissioners, may at any time within one year after it is completed and returned, apply for a jury to assess the damages. The proceedings thereupon shall be the same as is provided for the recovery of damages in the laying out of highways, the prevailing party to recover legal costs as provided by section sixty-eight of the general railroad act. tion ratified SECTION 7. The changes of location and the reloca- Changes of locations of the Troy and Greenfield Railroad under chapter and confirmed. four hundred and three of the acts of the year eighteen hundred and seventy-four and chapter seventy-seven of the acts of the year eighteen hundred and seventy-five are hereby ratified and confirmed, reserving to all parties all existing claims for damages. SECTION 8. This act shall take effect upon its passage. [1877, 249; 1878, 191, 212, 222, 226, 267, 268, 278, 279; 1879, 141, 261, 278, 290; Chap. 160 Directors may bind out boys as apprentices. Proviso. Subject to acceptance. [1870, 294; 1874, 371.] AN ACT in relation to the Industrial School at Lawrence. Be it enacted, etc., as follows: SECTION 1. The directors of the industrial school at Lawrence may bind out boys committed to the school, as apprentices or servants, until they become twenty-one years of age, or for a less term, and the directors, and master or mistress, apprentice or servant shall respectively have the rights and privileges and be subject to the duties set forth in chapter one hundred and eleven of the General Statutes, in the same manner as if such binding or apprenticing were made by overseers of the poor. In binding out boys, they shall have scrupulous regard to the religious and moral character of those to whom they are to be bound, that they may secure to said boys the 'benefits of a good example and wholesome instruction, the sure means of improvement in virtue and knowledge, and the opportunity of becoming intelligent, moral, useful and happy citizens: provided, that this act shall only apply to boys sentenced for a longer term than two years. SECTION 2. This act shall take effect when accepted by the city council of the city of Lawrence. Approved April 21, 1876. [1838, 19; 1844, 65; 1853, 377; 1863, 117.] Chap. 161 AN ACT in Addition to an Act to regulate the Fishery in the Agawam and Half-Way Pond Rivers. Proceeds to be divided equally between Plymouth and Agawam. Be it enacted, etc., as follows: SECTION 1. The committee annually chosen by the towns of Plymouth and Wareham to make sale of the privileges of taking the fish called alewives and shad in the Agawam and Half-Way Pond rivers in the county of Plymouth, shall pay to each of the treasurers of said towns one-half part of the whole amount of the money received by them from such sales, and all promissory notes taken for said sales shall be made payable to each of said treasurers in the proportion aforesaid. SECTION 2. This act shall take effect upon its passage. Approved April 21, 1876. |