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demnified.

which are now, or may hereafter be, in force, relating to
railroad corporations in this Commonwealth, and any special

acts which may be hereafter passed relating to said branch.
Lowell to be in- SECTION 4. The said railroad corporation shall indemnify

the city of Lowell against all loss or damage which they

may suffer or incur, or which may be recovered against the

said city, by reason of the said branch crossing Dutton

Street.

Motive power. SECTION 5. The motive power to be used by the said

railroad corporation, upon the said branch, and the rate of

speed thereon, may be regulated and controlled by any ordi-

nance of the city of Lowell.

Not to interfere SECTION 6. The said railroad corporation, in the con-

struction of said banch road, shall not, in any manner,

obstruct the Pawtucket Canal, or the tow-path by the side

of the same.

SECTION 7. This act shall take effect from and after its

passage.

March 2, 1849.

[1849, 116; 1850, 240; 1851, 107, 139, 244; 1853, 387; 1854, 336; 1855, 136, 354,

441; 1856, 43, 127, 161, 167, 296; 1857, 128, 297 ; 1859, 268.]

[1847, 29, 258.]

Chap. 27. An Act in addition to “An Act to establish the City of Charlestown."

Be it enacted, &c., as follows :

Time of election SECTION 1. The election of mayor, aldermen, common

councilmen, school committee, and overseers of the poor,

and such other officers of the city of Charlestown as are

now, by law, to be chosen on the second Monday in March,

annually, shall, after the present year, be made on the sec-

ond Monday in December, annually; and the said officers,

so chosen, shall hold their respective offices for the same

term of time, and the same proceedings shall be had, in

relation to such elections, as is provided in and by the act
to which this act is in addition; and the officers chosen for
the municipal year commencing with the first Monday of
April, for the present year, shall hold their offices until the

first Monday of January ensuing.

Officers chosen; SECTION 2. The officers chosen under and by virtue of

on their duties. this act, shall enter on the duties of their respective offices

on the first Monday in January, in each year, and shall be

liable to all the duties and restrictions, and shall exercise

all the powers, to which the said officers are respectively

subject or entitled, under and by virtue of the act to which

this is an addition.

SECTION 3. On the second Monday in December, annu-
ally, the qualified voters, in each ward, shall give in their
votes for mayor, aldermen, common councilmen, school
committee, overseers of the poor, warden, clerk, and inspec-
tors, as provided in the act to which this is an addition, as

Annual elections.

void,

unless

of the citizens of Charlestown.

amended by the act to amend the same, passed on the twenty-fourth day of April, in the year eighteen hundred and forty-seven.

SECTION 4. This act shall be void, unless the citizens of this act to be Charlestown, at the meetings of their several wards, duly adopted by vote warned, by public notice of at least fourteen days, by the mayor and aldermen, shall, within sixty days from the passing hereof, by written votes, accept the same ; at which meetings, the polls shall be kept open not less than six hours, and the wardens shall not receive any vote, unless the name of the voter shall be first found, and checked on the check lists, by the inspectors, as provided in elections of state and city officers.

SECTION 5. All the provisions of former acts, so far as Repeal. they are inconsistent with the provisions of this act, are hereby repealed.

SECTION 6. This act shall take effect from and after its passage.

March 7, 1849. [1850, 106.]

rated.

stitution in Wor. cester.

An Act to incorporate the Worcester Medical Institution.

Chap. 28. Be it enacted, &c., as follows:

SECTION 1. Calvin Newton, Walter Burnham, and Isaac Persons incorpoM. Comings, their associates and successors, are hereby made a corporation, by the name of the Worcester Medical As a medical inInstitution, to be established in the city of Worcester, in se the county of Worcester; with all the powers and privi- Powers and (duleges, and subject to all the duties, restrictions and liabili- ties. ties, set forth in the forty-fourth chapter of the Revised Statutes: provided, that nothing in this act shall be con- Proviso. sidered as authorizing the said corporation to confer degrees or grant licenses to practice medicine.

SECTION 2. The said corporation may hold real and per- Real and personal estate to the amount of one hundred thousand dollars, $100.000 in to be devoted exclusively to the purposes of medical educa- value. tion.

March 10, 1849. [1850, 142; 1851, 321.]

sonal estate,

An Act to incorporate the Boston Musical Fund Society. Chap. 33. Be it enacted, &c., as follows :

SECTION 1. Thomas Comer, Shadrack S. Pearce, and Corporators. Joseph N. Pierce, their associates and successors, are hereby made a corporation, by the name of the Boston Musical Fund Society, for the advancement of the science and prac- For advancing

musical science, tice of music, and the establishment of a charity fund for and a charity the benefit of indigent members of the society, their widows fun and children; and, for these purposes, shall have all the powers and privileges, and be subject to all the duties, ties.

fund.

Powers and du

Personal estate, $20,000.

35, 36. restrictions and liabilities, set forth in the forty-fourth chapter of the Revised Statutes.

SECTION 2. Said corporation may hold, for the purposes aforesaid, personal estate to the amount of twenty thousand dollars.

SECTION 3. This act shall take effect from and after its passage.

March 16, 1849.

When to take effect.

Chan 35

Location of bridge described.

An Act empowering the County Commissioners of Barnstable County to

lay out a Highway, and cause to be built a Bridge across Navigable Waters in Dennis. Be it enacted, &c., as follows :

The county commissioners of Barnstable County are hereby empowered, if, in their opinion, public convenience and necessity require the same, to lay out a higliway and cause to be built a bridge across navigable waters leading from Bass River to Grand Cove, in the town of Dennis, near the westerly end of Long Neck, to a point near the dwelling-house of Francis Small: provided, the same be constructed with a suitable draw for the accommodation of such vessels as may have occasion to pass the same, and the space between the abutments bė not less than twenty-two feet.

March 16, 1849.

Proviso.

taken between
September 15 and
April 1.
Amended.

trout.

Chap 36. An Act to protect the Trout Fishery in Marshpee River.

Be it enacted, &c., as follows : Trout not to be SECTION 1. No person shall take any trout in Marshpee

ea River, in the district of Marshpee, in the county of Barn

stable, from the fifteenth day of September in each year, to 1859, 105. the first day of April in the year next ensuing. Who may take SECTION 2. No person, except the proprietors of said dis

trict, shall take any trout in said river, at any time, without a written permit from the treasurer of Marshpee, which shall specify the time when, and the places where, the person holding the same is allowed to take fish; and no person shall, at any time, use any other means of taking trout in

said river, than by angling with hooks and lines. District of Marsh- SECTION 3. The said district may, by vote in legal meetlaws concerning ing, make any regulations or by-laws respecting said fishery,

which may not be repugnant to the provisions of this act; and the income from said fishery shall inure wholly to said district.

SECTION 4. Any person offending against the provisions of this act, or any regulations or by-laws passed by authority of the third section of this act, shall forfeit and pay a fine of five dollars for each and every offence, to be recovered by prosecution before any justice of the peace in the county of Barnstable, to the benefit of said district; and the proprie

pee may make by

the fishery.

Penalty for of fending against this act.

tors of said district shall be competent witnesses on the trial of any such process.

SECTION 5. Any person who shall have in his possession Penalty for havany trout, taken from said river contrary to the provisions session contrary

ing trout in posof this act, knowing the same to have been so taken, shall to this act. forfeit the sum of fifty cents, for every trout so found in his possession. SECTION 6. If any minor shall offend against the pro- Penalty where

minor offends. visions of this act, the parent, master, or guardian of such minor, shall be liable, and may be prosecuted accordingly therefor.

SECTION 7. All prosecutions under this act shall be com- Limitation of menced within sixty days from the time when the offence is committed.

SECTION 8. This act shall take effect from and after its passage.

March 16, 1849. [1853, 186; 1859, 105.]

prosecution.

[1814, 134; 1815, 83; 1837, 135.] An Act to authorize the Towns of Dennis and Yarmouth to regulate the Chan 34

Fisheries in Bass River. Be it enacted, &c., as follows :

SECTION 1. The towns of Dennis and Yarmouth, in the Dennis and county of Barnstable, are hereby authorized and empowered, cho at any legal meeting of the inhabitants of said towns, to committee. choose three persons in each town for a fish committee, who shall be inhabitants of the town for which they shall be chosen, and who shall be sworn to the faithful performance to be sworn. of their duty. The said committees shall meet together, When to meet. annually, on or before the twentieth day of April, at such time and place as a majority of them may appoint; and, when so united, shall be considered a joint committee for enforcing the provisions of this act; the major part of this joint committee, present at such meeting, or at any subsequent meeting, before the said twentieth day of April, in each year, are hereby authorized and empowered to order the time, place, and manner, in which it may be lawful to To regulate the take any of the fish called herrings or alewives, and perch, River. in Bass River, or in the ponds and streams connected therewith, and may prescribe the length of the seines, nets, and other instruments, which may be used for taking such fish, together with the length of the lines attached thereunto, and may appoint and grant permits to suitable persons, being inhabitants of one of said towns, to catch any of the said fish in the said river, or in the ponds and streams connected therewith, and fix the compensation to be paid to the said towns for such permits, and shall determine the quantity of said fish which each family in said towns shall

Yarmouth may choose & fish

fishery in Bass

right to fish.

lect to choose.

mittee as to obstructions.

receive from such catchers, and establish the price therefor; Sale of exclusive and, when directed by a vote of both the said towns, may

sell at auction, or otherwise, the exclusive right of fishing in said river and its waters, to one or more persons for a term of time not longer than one fishing season, at one sale, upon such terms and conditions as the said towns, or said

joint committee, may direct. If one town neg. SECTION 2. If either of the said towns of Dennis or

Yarmouth shall have chosen its fish committee, according to the provisions of this act, and the other town shall neglect or refuse so to do, then the committee, which is lawfully chosen, shall have all the power and authority which is intended by this act to be conferred on the said joint com

mittee. Powers of com- SECTION 3. The said committee, or a majority of them,

are hereby fully authorized and empowered to cause the natural streams, through which the said fish pass, to be kept open and without obstruction ; to remove such obstructions as may be found therein, and to make the said passage-ways wider and deeper, if they shall judge necessary; and the said committee, or either of them, by paying a reasonable consideration therefor, if demanded, shall have authority, for these purposes, to go on the land or meadow of any per

son through which the said streams run, without being conPenalty for inter- sidered as trespassers; and any person or persons, who shall fering with the molest, or in any way hinder, the said committee, or either

of them, in the execution of the duties of their office, or shall obstruct any passage-way in the said Bass River, or in the ponds and streams connected therewith, otherwise than may be allowed by the said committee, shall forfeit and pay

a fine not exceeding twenty dollars for every such offence. Penalty for tak- SECTION 4. If any person, or persons, shall take any of

stof the said fish called alewives, herrings, or perch, in the said

Bass River, or in the ponds and streams connected therewith, or within half a mile, in any direction, from the mouth of said river, at any time or place, or in any manner, other than may be allowed by the said committee, each person, so offending, shall, for each and every such offence, upon conviction thereof, forfeit and pay a fine not exceeding ten dollars, if the quantity of fish so taken shall be less than one barrel ; but, if the quantity of fish, so taken, shall be one barrel or more, such person, or persons, so offending, shall forfeit and pay, for every barrel of fish, so taken, a sum not

more than twenty dollars nor less than ten dollars. In what cases SECTION 5. If any vessel, boat, or craft, shall be found

within the limits of the said river, or the ponds or streams connected therewith, or within half a mile of the said river's mouth, with any more of the said fish on board the same

committee

ing fish contrary to regulations of committee.

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