vided in section thirty-eight of chapter eleven of the Public Statutes, Pub. Sts. ch. a statement, under oath, of the amount due on each separate lot or 11, § 38. parcel of such real estate, and the name and residence of every holder of an interest therein as a mortgagee or mortgagor. When such property is situated in two or more places, or when a recorded mortgage includes for one sum two or more estates or parts of an estate, an estimate of the amount of the mortgagee's interest in each estate or part of an estate shall be given in such statement. The assessors shall, from such statements or otherwise, ascertain the proportionate parts of such estates that are the interests of mortgagees and mort gagors respectively, and shall assess the same. Whenever, in any case of mortgaged real estate, a statement is not brought in as herein provided, no tax for the then current year on such real estate shall be invalidated for the reason that a mortgagee's interest therein has not assessed to him. assessors. SECT. 2. The provisions of the preceding section shall be included Notice to in the notice to be given by the assessors under the provisions of sec- Pub. Sts. ch. tion thirty-eight of chapter eleven of the Public Statutes. 11, § 38. ed. SECT. 3. Section fourteen of said chapter eleven is hereby amended Pub. Sts. ch. by striking out the words "taxable real estate," in the first line of 1, § 14, amendsaid section, and inserting in place thereof the words "real estate not exempt from taxation under the provisions of section five of this chapter." SECT. 4. This Act shall take effect upon its passage. 1882. April 21, CHAPTER 176. AN ACT PROVIDING FOR A CLERK FOR THE POLICE COURT appointed. SECTION 1. There shall be a clerk of the police court of Chelsea, Clerk to be who shall be appointed in accordance with the provisions of law relating to the appointment of clerks of police courts, and who shall enter upon the discharge of his duties on the first day of June in the year eighteen hundred and eighty-two. SECT. 2. Said clerk shall be subject to all the provisions of law Subject to proapplicable to clerks of police courts. visions of law. SECT. 3. Said clerk shall receive from the county of Suffolk an Salary. annual salary of eight hundred dollars. SECT. 4. This Act shall take effect upon its passage. April 21, 1882. CHAPTER 177. AN ACT TO AUTHORIZE THE EASTERN RAILROAD COMPANY TO OF INDEBTEDNESS. SECTION 1. The Eastern Railroad Company is authorized to in- May issue crease its capital stock by issuing not more than five million dollars preferred stock in shares of the par value of one hundred dollars each, which shall be designated as preferred stock. Upon the tender to said corporation of any portion of its certificates of indebtedness not exceeding five million dollars in amount, said corporation shall accept such certificates so tendered at their face value and issue such preferred stock in lieu thereof at its par value. After receiving the certificates so surrendered said corporation shall forthwith deliver the same to the trustees named in chapter two hundred and thirty-six of the Acts of the St. 1876, ch. 236. year eighteen hundred and seventy-six, and said trustees shall accept, cancel, and discharge the certificates so delivered. Dividends to holders of preferred stock. Provisions of St. affected. The holders of said preferred stock shall annually receive out of the net earnings of said corporation not more than six dollars per share to be paid in semi-annual instalments in such sums as the directors of said corporation may determine. SECT. 3. Nothing in this Act contained shall prevent the full opera1876, ch. 236, not tion of all the provisions of chapter two hundred and thirty-six of the Acts of the year eighteen hundred and seventy-six or shall defeat or in any wise affect any of the terms and conditions of the certificates of indebtedness issued and the mortgage made under and in pursuance of the provisions of said chapter, or shall authorize any payments from the earnings of said corporation except subject to all claims and charges upon said earnings created by said chapter and by the certificates issued and the mortgage made in pursuance thereof. SECT. 4. This Act shall take effect upon its passage. April 22, 1882. Compensation of the militia. Pub. Sts. ch. 14, § 130, amended. CHAPTER 178. AN ACT RELATING TO THE COMPENSATION OF THE MILITIA. SECTION 1. Section one hundred and thirty of chapter fourteen of the Public Statutes is amended so as to read as follows: There shall be allowed and paid to officers and soldiers of the volunteer militia on rolls and accounts in such form as the commander-inchief may prescribe, as follows, to wit: for the duty prescribed in sections one hundred, one hundred and one, one hundred and eight, one hundred and nine, one hundred and thirteen, and one hundred and seventeen, commissioned officers shall hereafter be allowed and paid the same pay per day as is prescribed for officers of like grade in the United States army, viz.: brigadier-general, fifteen dollars and twentyeight cents; colonel, nine dollars and seventy-three cents; lieutenantcolonel, eight dollars and thirty-three cents; major, six dollars and ninety-five cents; captain, mounted, five dollars and fifty-five cents; captain, not mounted, five dollars; adjutant, quartermaster, assistant surgeon, and paymaster, five dollars; first lieutenant, mounted, four dollars and seventy-five cents; first lieutenant, not mounted, four dollars and seventeen cents; second lieutenant, mounted, four dollars and seventeen cents; second lieutenant, not mounted, three dollars and eighty-nine cents; chaplain, four dollars and seventeen cents; non-commissioned staff officers, two dollars and fifty cents; every member of a band, four dollars; and every other enlisted man, two Allowances for dollars. There shall be allowed for each horse actually employed by officers and soldiers authorized by law to be mounted, and for each draught horse employed in the artillery, the sum of four dollars per day, which shall be in full for all keeping and forage. For all other duty under orders of the commander-in-chief, unless otherwise specially provided, or for attendance as a witness or defendant under summons, as provided in section one hundred and forty-three, there shall be allowed and paid per day to each general, field, and staff officer, the sum of four dollars; to every other commissioned officer the sum horses and forage. Compensation for services not specially provided for. of two dollars and fifty cents; to every member of a band the sum of SECT. 2. This Act shall take effect upon its passage. April 29, 1882. CHAPTER 179. AN ACT RELATIVE TO PARADING WITH ARMS BY ASSOCIA- SECTION 1. Section one hundred and twenty-seven of chapter fourteen of the Public Statutes, relative to the parading in public with arms by associations composed of soldiers, is amended by inserting in the eighteenth line after the word "soldiers," the words "or at the decoration of soldiers' graves." SECT. 2. This Act shall take effect upon its passage. April 29, 1882. CHAPTER 180. AN ACT DEFINING THE POWERS OF MAYORS OF CITIES TO SECTION 1. Section seven of chapter twenty-eight of the Public Statutes is hereby amended by inserting in the second line after the word "vote," the words "in meetings of the board of aldermen, or in conventions of the two branches of the city council." SECT. 2. This Act shall take effect upon its passage. April 29, 1882. Powers of mayors to vote as presiding officers. Pub. Sts. ch. 28, § 7, amended. CHAPTER 181. AN ACT RELATING TO INDIGENT AND NEGLECTED CHILDREN. SECTION 1. Section forty-six of chapter eighty-six of the Public Infants to be Statutes, relative to the age to which certain infants who are state provided for in paupers shall be provided for by the state board of health, lunacy, and three years of charity, is amended in the sixth line by striking out the word "two," Pub. Sts. ch. 86, and inserting in place thereof the word "three." a family until age. § 46, amended. of SECT. 2. The state board of health, lunacy, and charity shall make Paupers all necessary provision for the care and maintenance of all poor and between ages indigent children in need of immediate relief, between the ages of teen years to be three and sixteen years, having no lawful settlement in this Common- primary school. wealth, at the state primary school or elsewhere, and for that purpose sent to state Children under fourteen years, when they shall be committed to board of health. care of state To be commitof public insti ted to directors tutions in Boston. Commitment of shall have the same authority to commit such children to the state primary school as overseers of the poor now have to commit them to the state almshouse. SECT. 3. Whenever it shall be made to appear to any court or magistrate that within his jurisdiction any child under fourteen years of age, by reason of orphanage, or of the neglect, crime, drunkenness, Or other vice of his parents, is growing up without education or salutary control, and in circumstances exposing him to lead an idle and dissolute life, or is dependent upon public charity, such court or magistrate shall, after notice to the state board of health, lunacy, and charity, commit such child, if he has no known settlement in this Commonwealth, to the custody of said board, and if he has a known settlement then to the overseers of the poor of the city or town in which he has such settlement, except in the city of Boston, and if he has a settlement in said city, then to the directors of public institutions of said city until he arrives at the age of twenty-one years, or for any less time; and the said board, overseers, and directors are authorized to make all needful arrangements for the care and maintenance of children so committed in some state, municipal, or town institution, or in some respectable family, and to discharge such children from their custody whenever the object of their commitment has been accomplished. SECT. 4. Whenever any of the class of children mentioned in children, when section three are inmates of the state almshouse, application for their commitment, in the manner provided in said section, shall be made to the justice of the police court of Lowell. April 29, 1882. inmates of state almshouse. In absence of mayor, duties to dermen, or, if no chairman, CHAPTER 182. AN ACT IN RELATION TO VACANCIES IN THE OFFICE OF MAYOR. SECTION 1. In case of the death, resignation or absence of the be performed by mayor of any city, or of his inability to perform the duties of his office, chairman of al- the same shall devolve upon the chairman or presiding officer of the board of aldermen of such city, and if there is no such chairman or presiding officer the same shall devolve upon the president of the common council, until the mayor is able to attend to his duties, or the vacancy is filled as provided by the charter of such city. by president of common council. To be styled "acting mayor." SECT. 2. The person on whom such duties shall devolve shall be styled "acting mayor," and shall possess the powers of mayor only in matters not admitting of delay, and shall have no power to make any permanent appointments. April 29, 1882. Water supply St. 1877, ch. 122, § 2, amended. CHAPTER 183. AN ACT TO AMEND "AN ACT TO SUPPLY THE TOWN OF HOP- SECTION 1. Section two of chapter one hundred and twenty-two for Hopkinton, of the Acts of the year eighteen hundred and seventy-seven is amended by inserting in the third line thereof after the word "brooks," the words or other sources," and by striking out at the end of said section the words "selectmen of said town," and adding instead 66 thereof the words "water board of said town hereinafter provided for." SECT. 2. Section four of said chapter is repealed, and the follow- "Hopkinton ing substituted therefor: — Water Loan not to exceed repealed, substituted. For the purpose of paying all necessary expenses and liabilities $50,000. incurred under the provisions of this Act, said town shall have author- $47, ch. 1,22, ity to issue notes, bonds, or scrip, from time to time, signed by the and new section treasurer and countersigned by the water board, to be denominated on the face thereof "Hopkinton Water Loan," to an amount not exceeding fifty thousand dollars, payable at periods not exceeding thirty years from the date thereof, with interest payable semi-annually, rate not exceeding six per centum per aunum; and said town may sell said securities at public or private sale, or pledge the same for money borrowed for the purposes of this Act, upon such terms and conditions as it may deem proper. Said town shall annually raise by taxation an amount sufficient, together with the net income and receipts from rent for the use of said water, to pay the interest on at said loans as it accrues; and shall also, within two years after the Sinking fund to introduction of water into said town, establish a sinking fund, and be established. contribute thereto from year to year an amount raised annually by taxation, which, together with the net surplus income and receipts, after deducting all interest, expenses and charges of distribution, if any remains, shall be sufficient with the accumulations of such amounts' to extinguish said loan at maturity; and said sinking fund shall be applied to the payment of the principal of said loan until the same is fully discharged and paid, and for no other purpose. The water board of said town shall be the trustee of said fund, and shall report the condition of the same, and render an account of its doings in relation thereto annually to the town. SECT. 3. Section six of said chapter is repealed, and the following is substituted therefor: Water board to be elected. $ 6, repealed and new section The said town may, at any annual or special meeting called for the purpose, elect by ballot three persons to hold office, one until the expiration of three years, one until the expiration of two years, and one until the expiration of one year from the next succeeding annual town meeting, to constitute a water board; and at each annual town meeting thereafter one member of said board shall be elected by ballot for the term of three years. Said board shall execute, superintend and direct the performance of all the works, matters and things mentioned in this Act, and exercise all the rights, powers, and privileges hereby granted and not otherwise specifically provided for herein, subject to the vote of said town; and it shall be subject to such ordinances, rules, and regulations in the execution of its trust as said town may from time to time ordain and establish, not inconsistent with the provisions of this Act and the laws of the Commonwealth. The members of said board shall receive such salaries or compensation as said town by vote may prescribe, and a majority of said board shall be a quorum for the exercise of the powers and duties prescribed by this Act. Any vacancy occurring in said board from any cause may be Vacancies. filled for the remainder of the unexpired term at any town meeting duly called for the purpose. SECT. 4. This Act shall take effect upon its passage. April 29, 1882. |