of a candidate or candidates for office, and bearing upon the other side any adhesive substance, or other indication that such strip or piece of paper was designed to be superimposed upon a ballot as a "sticker," so called, such separate strip or piece of paper shall not be counted as a ballot; but all such strips or pieces of paper shall be placed in a separate sealed envelope and preserved in the manner by law provided for the preservation of ballots. May 26, 1882.

Proceedings at town meeting confirmed.

CHAPTER 261.

AN ACT TO CONFIRM THE PROCEEDINGS OF THE ANNUAL TOWN
MEETING OF THE TOWN OF TYRINGHAM.

SECTION 1. The proceedings of the annual town meeting of the town of Tyringham, held on the first Monday in April in the year eighteen hundred and eighty-two, shall not be invalid for the reason that the check list was not used at said meeting in the election of moderator and town officers, and said election of town officers is ratified and confirmed.

SECT. 2. This Act shall take effect upon its passage. May 26,

1882.

Estate in Boston may be taken to pro

vide accommodepartments of

dations for the

the Commonwealth.

Damage shall

the governor and council.

CHAPTER 262.

AN ACT TO PROVIDE ACCOMMODATIONS FOR THE VARIOUS
DEPARTMENTS OF THE COMMONWEALTH.

SECTION 1. In order to provide accommodations for the various departments of the Commonwealth, the governor with the advice and consent of the council may purchase or take in fee simple, in behalf of the Commonwealth, the estate in the city of Boston bounded by Mount Vernon and Bowdoin Streets and Beacon Hill Place, known as the Way estate, or such other estate or estates as the governor and council may deem best.

SECT. 2. If any estate is taken under the provisions of this Act, be estimated by the damages sustained by any persons in their property by reason of such taking shall be estimated by the governor with the advice and consent of the council, and a certificate of the taking, giving a description of the property sufficiently accurate for identification, and of the share of damages sustained by each person, shall within thirty days from such taking be posted on the premises so taken, and shall also be recorded in the registry of deeds for the county of Suffolk. At any time within one year from the time when the certificate is recorded as Party aggrieved aforesaid any party aggrieved by the doings of the governor and may apply for a council in the estimation of damages, may by petition to the Superior Court apply for a jury to determine the matter of his complaint, and Pub. Sts. ch. 49. the proceedings thereon shall be governed by the provisions of chapter forty-nine of the Public Statutes. The amount which shall be found due under such purchase or taking shall be paid from the treasury of the Commonwealth.

jury.

Estate may be leased.

SECT. 3. If the governor by the advice and consent of the council finds that the purchase or taking of any estate is inexpedient, he may by lease for a term not exceeding five years secure such accommodations for the various departments of the Commonwealth as may be deemed necessary and proper. May 26, 1882.

CHAPTER 263.

AN ACT RELATING TO THE ADULTERATION OF FOOD AND

DRUGS.

SECTION 1. No person shall, within this Commonwealth, manu- Adulterated facture for sale, offer for sale, or sell any drug or article of food which food and drugs is adulterated within the meaning of this Act.

shall not be sold.

SECT. 2. The term "drug" as used in this Act shall include all Construction medicines for internal or external use, antiseptics, disinfectants, and of the terms "drug" and cosmetics. The term "food" as used herein shall include all articles "food." used for food or drink by man.

SECT. 3. An article shall be deemed to be adulterated within the What shall be meaning of this Act,

(a) In the case of drugs, — (1.) If, when sold under or by a name recognized in the United States pharmacopoeia, it differs from the standard of strength, quality, or purity laid down therein; (2.) If, when sold under or by a name not recognized in the United States pharmacopoeia but which is found in some other pharmacopoeia, or other standard work on materia medica, it differs materially from the standard of strength, quality, or purity laid down in such work; (3.) If its strength or purity falls below the professed standard under which it is sold:

(b.) In the case of food,: (1.) If any substance or substances have been mixed with it so as to reduce, or lower, or injuriously affect its quality or strength; (2.) If any inferior or cheaper substance or substances have been substituted wholly or in part for it; (3.) If any valuable constituent has been wholly or in part abstracted from it; (4.) If it is an imitation of, or is sold under the name of, another article; (5.) If it consists wholly or in part of a diseased, decomposed, putrid, or rotten animal or vegetable substance, whether manufactured or not; or, in the case of milk, if it is the produce of a diseased animal; (6.) If it is colored, coated, polished, or powdered, whereby damage is concealed, or if it is made to appear better or of greater value than it really is; (7.) If it contains any added poisonous ingredient, or any ingredient which may render it injurious to the health of a person consuming it.

deemed to be an adulteration.

State board of

health may declare certain

articles to be

exempt.

The state board of health, lunacy, and charity may from time to time declare certain articles or preparations to be exempt from the provisions of this Act; and the provisions hereof shall not apply to mixtures or compounds recognized as ordinary articles of food, provided that the same are not injurious to health, and are distinctly labelled as mixtures or compounds. SECT. 4. The state board of health, lunacy, and charity shall pre- Shall publish pare and publish from time to time lists of the articles, mixtures, or compounds declared to be exempt from the provisions of this Act, in accordance with the preceding section. The said board shall also from time to time fix the limits of variability permissible in any article of food, or any drug, or compound, the standard of which is not established by any national pharmacopoeia.

lists of articles exempted.

make investi

SECT. 5. The state board of health, lunacy, and charity shall take May appoint cognizance of the interests of the public health relating to the sale of analysts to drugs and food and the adulteration of the same, and shall make all gations. necessary investigations and inquiries in reference thereto, and for St. 1883, ch. these purposes may appoint inspectors, analysts, and chemists, who 263, § 1. shall be subject to its supervision and removal.

Amended.

Within thirty days after the passage of this Act the said board shall Shall prepare adopt such measures as it may deem necessary to facilitate the en-ining drugs.

rules for exam

forcement hereof, and shall prepare rules and regulations with regard to the proper methods of collecting and examining drugs and articles of food. Said board may expend annually an amount not exceeding three thousand dollars for the purpose of carrying out the provisions of this Act.

SECT. 6. Every person offering or exposing for sale, or delivering to a purchaser, any drug or article of food included in the provisions of this Act, shall furnish to any analyst or other officer or agent appointed hereunder, who shall apply to him for the purpose and shall tender him the value of the same, a sample sufficient for the purpose of the analysis of any such drug or article of food which is in his possession.

SECT. 7. Whoever hinders, obstructs, or in any way interferes with any inspector, analyst, or other officer appointed hereunder in the performance of his duty, and whoever violates any of the provisions of this Act, shall be punished by a fine not exceeding fifty dollars for the first offence and not exceeding one hundred dollars for each subsequent offence.

SECT. 8. This Act shall take effect at the expiration of ninety days after its passage. May 26, 1882.

Term fees in

civil actions.

Court may designate the shire town in which action shall be tried.

To take effect
July 1, 1882.

CHAPTER 264.

AN ACT RELATING TO COSTS IN CIVIL ACTIONS.

SECTION 1. Parties recovering costs in civil actions in the Supreme Judicial Court or in the Superior Court, shall be allowed but three term fees in any action unless allowed by order of the court; but if the action or any question therein is carried to the full bench of the Supreme Judicial Court, two additional term fees may be allowed.

SECT. 2. When an action is brought in any county containing two or more shire towns, the court may at the term of entry designate the shire town in which the same shall be tried; and it shall not then be put on the trial list, nor shall costs be allowed for terms held in any other town than the one so designated, unless the action is actually tried in such other town by agreement between the parties to the suit. SECT. 3. This Act shall take effect on the first day of July in the year eighteen hundred and eighty-two. May 26, 1882.

AN

CHAPTER 265.

ACT RELATIVE TO THE ESTABLISHMENT OF RAILROAD

CORPORATIONS.

SECTION 1. When articles of association have been entered into under section thirty-four of chapter one hundred and twelve of the Public Statutes, with the intention of forming a railroad corporation, and proceedings have been had under sections thirty-four, thirty-five, thirty-six, thirty-seven, and thirty-eight of said chapter, the directors named in such articles of association shall, within thirty days after the first publication thereof in accordance with section thirty-seven of said chapter, apply to the board of railroad commissioners for a certificate that public convenience and necessity require the construction

of a railroad as proposed in such articles of association.

If a certifi

cate is granted by said board, proceedings may be continued as now provided by law; if a certificate is refused, no further proceedings shall be had, but the application may be renewed after one year from the date of such refusal.

SECT. 2. The articles of association for the purpose of forming a Proceedings railroad corporation, and all proceedings thereunder, including the void, unless incorporated fixing of the route, shall be null and void unless the certificate of within one year incorporation is issued within one year from the time the route is is fixed. fixed, as provided by law.

from time route

St. 1880, ch. 252,

under Pub. Sts.

SECT. 3. The provisions of this Act shall not apply to any railroad Provisions shall corporation acting under the authority of a special Act of the Legisla- not apply to ture, nor to any proceedings under chapter two hundred and fifty-two acting under of the Acts of the year eighteen hundred and eighty; but the pro- but shall apply' visions hereof shall apply to any railroad corporation acting under to those acting section one hundred and thirty-nine of chapter one hundred and ch. 112, § 139. twelve of the Public Statutes. Nothing herein before contained shall invalidate any proceedings already had under sections thirtyfour to forty, inclusive, of chapter one hundred and twelve of the Pub. Sts. ch. Public Statutes, or shall prevent persons already associated and act- 112, $$ 34-40, ing under such sections from exercising the same rights and powers as if this Act had not been passed; but all articles of association heretofore entered into under the provisions of sections thirty-four to thirtyseven, inclusive, of said chapter one hundred and twelve, but under which no certificate of incorporation has yet been issued, in accordance with section forty-four of said chapter, shall be filed with the board of railroad commissioners within thirty days after the passage of this

Act.

inclusive.

located within

State House

SECT. 4. No railroad operated by steam power, and no part of Steam railroads such a railroad, shall hereafter be located or constructed within three shall not be miles from the State House without the consent in writing of the board three miles from of railroad commissioners and also of the mayor and aldermen of any without consent city and of the selectmen of any town in which a location is sought of commissionbeing first obtained: provided, however, that nothing herein shall affect any existing provisions of law regarding the location and construction of branch railroads.

SECT. 5. This Act shall take effect upon its passage. May 26,

1882.

ers.

AN ACT RELATING

CHAPTER 266.

TO FIRE-ESCAPES, AND TO THE CON

STRUCTION AND INSPECTION OF FACTORIES, PUBLIC BUILD

INGS, AND TENEMENT AND LODGING HOUSES.

SECTION 1. Section fifteen of chapter one hundred and four of the Fire-escapes Public Statutes is amended so as to read as follows:

shall be provided for factomore ries, etc.

Pub. Sts. ch.

All factories and manufacturing establishments, three or stories in height, in which forty or more persons are employed, 104, § 15, unless supplied with a sufficient number of tower stairways shall amended. be provided with sufficient fire escapes properly constructed upon the outside thereof, and connected with the interior by doors or windows, with suitable landings at every story above the first, including the attic, if the same is occupied for workrooms. fire escapes shall be kept in good repair, and free from obstruction. escapes existing on the first day of July in the year eighteen hun

Fire

Such

Tenements and

dred and seventy-seven, need not be changed in consequence of the provisions of this section, unless such change is necessary for the protection of life. Cities may by ordinance provide that the provisions of this section relating to fire escapes shall apply to all buildings three or more stories in height within their limits.

SECT. 2. Section twenty of said chapter is amended by adding at lodging houses. the end thereof the following words:

Pub. Sts. ch.

104, § 20, amended.

Penalties. Pub. Sts. ch. 104, § 22, amended.

Prosecution shall not be

made until four weeks after no

Every building three or more stories in height, in whole or in part used, occupied, leased, or rented, or designed to be used, occupied, leased, or rented for a tenement to be occupied by more than four families, or a lodging house, shall be provided with a sufficient means of escape in case of fire, to be approved by the inspector of factories and public buildings.

SECT. 3. Section twenty-two of said chapter is amended so as to read as follows:

Any person or corporation being the owner, lessee, or occupant of a manufacturing establishment, factory, or workshop, or owning or controlling the use of any building or room mentioned in section twenty, shall, for the violation of any provision of sections thirteen to twenty-one, inclusive, be punished by a fine of not less than fifty nor more than five hundred dollars, and shall also be liable for all damages suffered by any employé by reason of such violation; but no criminal prosecution shall be made for such violation until four weeks after notice in writing by an inspector of factories and public buildings of any changes necessary to be made to comply with the provisions of said sections has been sent by mail or delivered to such person or corporation, nor then, if in the meantime such changes have been made in accordance with such notification. Notice to one member of a firm, or to the clerk or treasurer of a corporation owning, leasing, occupying, or controlling, as aforesaid, shall be deemed a sufficient notice under this section to all the members of such firm or to such corporaAction for dam- tion. Nothing in this section shall be so construed as to prohibit a person injured from bringing an action to recover damages for his injuries.

tice of changes to be made.

ages not prohibited.

SECT. 4. Section twenty-three of said chapter is amended so as to read as follows:

The authority of said inspectors to enforce the provisions of sections thirteen to twenty-two inclusive shall not extend to the city of Boston, or to any other city which, under its charter or any other special statute, has officers specially appointed for the enforcement of the same or similar provisions.

SECT. 5. Section twenty-four of said chapter is amended so as to read as follows:

A district police officer detailed to perform the duties required by sections thirteen to twenty-one inclusive who fails to perform such duties faithfully shall be immediately discharged from his office.

SECT. 6. Section ten of chapter one hundred and three of the Public Statutes is hereby amended by striking out of the second line the words "thirteen to fifteen inclusive, and nineteen to twentytwo inclusive," and inserting therefor the words "thirteen to twentytwo inclusive." May 26, 1882.