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SECT. 5. If any party shall apply for and obtain a trial by jury he Costs. shall recover his legal costs after such application if he shall recover a greater amount than the award of the county commissioners, with the accrued interest thereon, otherwise he shall be liable for the legal costs of the city of Salem. If said city shall make such application, and the verdict of the jury shall be less than the amount awarded by the county commissioners, it shall recover its legal costs, otherwise it shall be liable for the legal costs of the other party.
SECT. 6. Nothing in this Act shall restrict the power of the city Power to lay council of the city of Salem to lay out, in the manner provided by not restricted. the charter of said city, any street or way over any of the lands or flats referred to in this Act.
SECT. 7. This Act shall take effect upon its acceptance by the city council of the city of Salem. April 29, 1882.
AN ACT TO CHANGE THE NAME OF THE "SALEM OLD MEN'S
SECTION 1. The name of the "Salem Old Men's Home," incorpor- Name changed. ated under the general laws of the Commonwealth, is changed to the "Bertram Home for Aged Men."
SECT. 2. This Act shall take effect upon its passage. April 29,
AN ACT TO SUPPLY THE TOWN OF NORTHBOROUGH WITH
for the town of
SECTION 1. The town of Northborough may supply itself and its Water supply inhabitants with water to extinguish fires, and to generate steam, and Northborough. for domestic and other uses; may establish fountains and hydrants, regulate their use, and relocate or discontinue the same; and may fix and collect rents for the use of such water.
SECT. 2. Said town for the purposes aforesaid may take and hold the water, or so much thereof as may be necessary, with the water rights connected therewith, of Cold Harbor Brook, at any point or points on its watershed, in the towns of Northborough, Shrewsbury, and Boylston, and of any springs, natural ponds, brooks, and other water sources within the said town of Northborough; and may also take and hold all lands necessary for raising, holding, and preserving such water and conveying the same to any and all parts of the town of Northborough; and may erect on the land thus taken or held proper dams, buildings, fixtures, and other structures, and may make excavations, and procure and run machinery therefor, with such other means and appliances as may be necessary for complete and effective water works; and for that purpose may construct and May lay conlay down conduits, pipes, and other works under or over any lands, duits, pipes, etc. water courses, or roads, and along any street, highway, or other way, in such manner as when completed shall not unnecessarily obstruct the same; and for the purpose of constructing, laying down, maintaining, and repairing such conduits, pipes, and other works, and for all other
of Cold Harbor
May take water
Shall file in the registry of deeds the land taken.
a description of
proper purposes of this Act, said town may dig up, raise, and embank any such lands, highways, or other ways, in such manner as to cause the least hindrance to public travel on such highways and other ways. Said town of Northborough shall within ninety days after the taking of any lands, water sources, or water rights as aforesaid, otherwise than by purchase, file in the registry of deeds for the county of Worcester a description thereof sufficiently accurate for identification, with a statement of the purpose for which the same is taken, signed by the water commissioners hereinafter provided for.
SECT. 4. For the purposes of paying all necessary expenses and liabilities incurred under the provisions of this Act, said town of Northborough may issue bonds, notes, or scrip, from time to time,
St. 1883, ch. 123, signed by its treasurer and countersigned by the water commissioners
To raise by taxation a sum sufficient to pay expenses and interest.
SECT. 3. The said town of Northborough shall be liable to pay all damages sustained by any person or corporation in property by the taking of any land, water source, or water right, or by the construction of any aqueduct, reservoir, or other works for the purposes aforesaid. Any person or corporation injured in property under this Act, and failing to agree with said town as to the amount of damage sustained, may have the same assessed and determined in the same manner as is provided when land is taken for a highway, the application therefor to be made in writing within one year after the taking of such land, water source, or water right, or other injury done as aforesaid, but not thereafter. No assessment for damage shall be made for the taking of any water right, or for any injury thereto, until the water is actually withdrawn or diverted by said town under the authority of this Act.
hereinafter provided for, to be denominated on the face thereof "Northborough Water Loan," to an amount not exceeding fifty thousand dollars, payable at periods not exceeding thirty years from the date of issue, with interest payable semi-annually at a rate not exceeding six per centum per annum. Said town may sell such 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 pay the interest on said loan as it accrues, and shall provide for the payment of the principal at Sinking fund to maturity either by establishing at the time of contracting said debt a
sinking fund, or by paying the same from year to year by regular instalments. In case said town shall decide to establish a sinking fund, it shall contribute to such fund annually a sum sufficient, with the accumulations thereof, to pay the principal of said loan at maturity, and said sinking fund shall remain inviolate and pledged to the payment of said debt, and shall be used for no other purpose. If said town shall decide to pay the principal of said loan by instalments it shall issue coupon bonds bearing, in addition to the regular rate of interest as provided above, interest at a rate not exceeding three per centum per annum on the principal, which additional interest shall be applied annually and directly to the payment of said loan.
SECT. 5. Said town shall raise annually by taxation a sum which, with the income derived from the sale of water, shall be sufficient to pay the current annual expenses of operating its water works, and the interest accruing on the bonds issued by said town, and to make such payment on the principal as may be required under the provisions of this Act.
SECT. 6. Whoever wilfully or wantonly corrupts, pollutes, or luting or divert- diverts any of the waters taken under this Act, or injures any dam,
Penalty for pol
reservoir, aqueduct, conduit, pipe, or other property owned or used by said town for the purposes of this Act, shall forfeit and pay to said town three times the amount of damages assessed therefor, to be
recovered in an action of tort; and upon conviction of either of the above acts shall be punished by a fine not exceeding one hundred dollars, or by imprisonment not exceeding six months.
SECT. 7. Said town of Northborough shall, after its acceptance of Water commisthis Act, at a legal meeting called for the purpose, elect by ballot three sioners to be 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 board of water commissioners; and at each annual town meeting thereafter one such commissioner shall be elected by ballot for the term of three years. All the authority granted to the said town by this Act and not otherwise specifically provided for shall be vested in said board of water commissioners, who shall be subject, however, to such instructions, rules, and regulations as said town may impose by its vote; and a majority of said board shall constitute a quorum for the transaction of business relative both to the water works and to the sinking fund. Any vacancy occurring in said board from any cause Vacancies. may be filled for the remainder of the unexpired term by said town at any legal town meeting.
SECT. 8. This Act shall take effect upon its acceptance by a two- Subject to thirds vote of the voters of said town present and voting thereon at a two-thirds vote. legal town meeting called for the purpose within five years from its passage. April 29, 1882.
AN ACT TO FIX THE TENURE OF OFFICE OF POLICE OFFICERS
to hold office
SECTION 1. All police officers hereafter appointed by the mayor Police officers and aldermen of the city of Fall River shall hold office until they until they reresign therefrom or are removed for cause by the mayor with the con- sign, or are resent of the board of aldermen. The mayor shall have the power, cause. however, to suspend any such officer for cause for a period not to exceed thirty days.
SECT. 2. All provisions of chapter two hundred and fifty-seven of Repeal of the Acts of the year eighteen hundred and fifty-four and of Acts in St. 1854, ch. 257. amendment thereof inconsistent herewith are repealed. April 29,
AN ACT CONCERNING STATISTICS OF DIVORCE.
to make returns
SECTION 1. The clerks of courts for the several counties, and of Clerks of courts the Supreme Judicial Court for the County of Suffolk, shall, annually, to the secretary during the month of February, make returns to the secretary of the of the CommonCommonwealth in relation to libels for divorce in their respective ing libels for counties for the calendar year next preceding. Such returns shall divorce. specify the following details: the number of libels pending at the beginning of the year; the number of libels filed within the year; the number of divorces granted; the number of divorces refused; the number of libels contested; the number of libels uncontested; the alleged cause for divorce in each case; the sex of the libellant and the length of time the parties have been married; and the number of
Pub. Sts. ch. 146, § 44.
Secretary shall furnish blank forms,
and shall publish abstracts in registration report.
First return to
include details 1879, 1880, 1881,
of the years
Pub. Sts. ch. 115, § 8, amended.
cases in which notice has been given to the district-attorney for prosecution under section forty-four of chapter one hundred and forty-six of the Public Statutes, and the criminal offence for which divorce has been granted in such cases.
SECT. 2. The secretary shall furnish the said clerks of courts with suitable blank forms for the returns provided for in the preceding section.
Pub. Sts. ch. 115, § 11, amended.
SECT. 3. The secretary shall annually prepare from said returns full and complete abstracts and tabular statements of the facts relating to divorces for each county, and embody such abstracts and statements, with necessary analyses, in the annual reports to the Legislature relating to the registry of births, deaths, and marriages.
SECT. 4. The first return to be made under this Act shall include the details specified in section one, so far as practicable, for the years eighteen hundred and seventy-nine, eighteen hundred and eighty, eighteen hundred and eighty-one, and eighteen hundred and eighty-two.
SECT. 5. This Act shall take effect upon its passage. May 1,
SECTION 1. A corporation organized for any purpose mentioned in duties enlarged. chapter one hundred and fifteen of the Public Statutes may make to
any member thereof who is disabled by accident or sickness, or to the wife, children, or other relatives of, or any other persons dependent upon, such member, weekly or other payments during a period of disability of such member not exceeding six months at any one time, and may provide in its by-laws for the payment, from time to time by each member, of a fixed sum to be held by the corporation, association, or society for such purpose. The fund so held shall not exceed the amount provided in section nine of said chapter and shall not be liable to attachment by trustee or other process.
SECT. 2. Section eight of said chapter is amended so as to read as follows:
A corporation organized for any purpose mentioned in section two may, for the purpose of assisting the widows, orphans, or other relatives of deceased members, or any persons dependent upon deceased members, provide in its by-laws for the payment by each member of a fixed sum, to be held by such association until the death of a member occurs, and then to be forthwith paid to the person or persons entitled thereto, and such fund so held shall not be liable to attachment by trustee or other process; and associations may be formed under this chapter for the purpose of rendering assistance to such persons in the manner herein specified.
SECT. 3. Section eleven of said chapter is amended so as to read as follows:
Every corporation, association, or society within this Commonwealth which issues a certificate to or makes a promise or agreement with its members, whereby any sum of money or other benefit is to become due or payable upon the disability or decease of a member, shall annually on or before the first day of April in each year report to the insurance commissioner the location of its principal office in this Commonwealth and the names and addresses of its president, secretary, and treasurer, or other officers answering thereto, and shall
AN ACT ENLARGING THE POWERS AND DUTIES OF ASSOCIA-
make such further statements of its membership and financial transactions for the year ending on the preceding thirty-first day of December, with other information relating thereto, as said commissioner may deem necessary to a proper exhibit of its business and standing. Said commissioner may for good cause shown in any case extend the term above prescribed for filing such report and statement, but not beyond the fifteenth day of such month of April; and he may at other times require any further statement he may deem necessary to be made relating to any such corporation, association or society.
SECT. 4. No such corporation, association, or society as is mentioned in said section eleven, hereafter beginning business in this Commonwealth, shall re-insure with or transfer its policies or membership authorized to certificates or funds to any organization not authorized to do business Massachusetts. in this Commonwealth.
do business in
SECT. 5. This Act shall take effect upon its passage. May 1,
AN ACT CONCERNING THE STATE LIBRARY.
SECTION 1. Thirty-three hundred dollars shall be annually appropriated for the state library and expended under the direction of the trustees and librarian thereof in purchasing or otherwise procuring such books, maps, charts, and works as they deem most useful; in binding and keeping in good condition the works in said library, and in purchasing furniture and other necessary conveniences therefor. SECT. 2. Section twenty of chapter five of the Public Statutes is repealed. May 1, 1882.
AN ACT TO AMEND THE PUBLIC STATUTES IN RELATION TO
AN ACT TO PUNISH PRISONERS ESCAPING FROM CUSTODY WHEN
Not to reinsure
with any organ-
chase of books.
onment in case
SECTION 1. Section fourteen of chapter two hundred and eighteen Term of imprisof the Public Statutes is amended by inserting in the sixth line, of breach of after the word "sentence,' the following words: "said confine- conditions of ment, in case the convict is under any other sentence of imprison- Pub. Sts. ch. ment, at the time of said order, to begin upon the expiration of such 218, $14, sentence."
SECT. 2. This Act shall take effect upon its passage. May 1, 1882.
Pub. Sts. ch. 5,
SECTION 1. Whoever being imprisoned in any place of confine- Pub. Sts. ch. ment established by law in this Commonwealth, except the state prison Punishment for at Concord, and being taken outside of such place of confinement by escaping or atany officer thereof for the purpose of performing labor on any public escape, when land or building belonging to the county, city, or town wherein such employed outplace of confinement is located, escapes or attempts to escape from of confinement, the custody of such officer, shall be deemed to have escaped from such excepting the
side of any place