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CHAPTER 38.

AN ACT TO CHANGE THE NAME OF THE NORTH BRIDGEWATER
GAS LIGHT COMPANY.

SECTION 1. The corporate name of the North Bridgewater Gas Name changed. Light Company, organized under the general laws of the Commonwealth, is hereby changed to the Brockton Gas Light Company.

SECT. 2. This Act shall take effect upon its passage. February 28, 1882.

CHAPTER 39.

AN ACT TO EXTEND THE CHARTER OF THE COMMERCIAL WHARF

COMPANY.

extended.

SECTION 1. The limitation now existing to the duration of the Charter charter of the Commercial Wharf Company under chapter fifty-one of St 1832, ch. 51. the Acts of the year eighteen hundred and thirty-two is hereby repealed and annulled; but said corporation shall be and remain subject to the same duties, liabilities and restrictions as are provided by general laws applicable to such corporations.

SECT. 2. This Act shall take effect upon its passage. February 28, 1882.

CHAPTER 40.

AN ACT TO AUTHORIZE THE YOUNG MEN'S CHRISTIAN ASSO-
CIATION OF LYNN TO HOLD ADDITIONAL REAL AND PER-
SONAL ESTATE.

SECTION 1. The Young Men's Christian Association of Lynn, incorporated under chapter one hundred and forty-two of the Acts of the year eighteen hundred and seventy, is hereby authorized to hold real and personal estate to an amount not exceeding two hundred thousand dollars.

SECT. 2. This Act shall take effect upon its passage. February 28, 1882.

CHAPTER 41.

AN ACT CONCERNING THE APPOINTMENT OF AN ADDITIONAL
ASSOCIATE JUSTICE FOR THE MUNICIPAL COURT OF THE
CITY OF BOSTON.

May hold additional real and St. 1870, ch. 142.

personal estate.

associate justice

SECTION 1. There shall be appointed in the manner provided by Additional the Constitution one additional associate justice of the Municipal Court to be appointed. of the City of Boston, so that there shall be one chief justice and three

associate justices thereof.

SECT. 2. The salaries of said chief justice and three associate jus- Salaries. tices shall be three thousand dollars each per year, the same to be paid as now provided by law.

SECT. 3. This Act shall take effect upon its passage. February 28, 1882.

Sealers to be
appointed by
mayor and
aldermen.
Pub. Sts. ch. 65,
§ 8, amended.

In case of death
etc. of justice,
duties to be per-
formed by jus-

tice of another
court.
Pub. Sts. ch.
154, § 42,
amended.

May take land for parks and squares.

CHAPTER 42.

AN ACT RELATIVE TO THE APPOINTMENT OF SEALERS OF
WEIGHTS AND MEASURES IN CITIES.

SECTION 1. Section eight of chapter sixty-five of the Public Statutes is hereby amended by striking out the words "city council,” in the first line, and inserting in their place the words "

mayor and alder

men."

SECT. 2. This Act shall take effect upon its passage. February 28, 1882.

CHAPTER 43.

AN ACT RELATING TO THE DEATH, RESIGNATION, ABSENCE
OR DISABILITY OF THE JUSTICES OF CERTAIN MUNICIPAL
COURTS IN THE CITY OF BOSTON.

SECTION 1. Section forty-two of chapter one hundred and fiftyfour of the Public Statutes is hereby amended by adding at the end thereof the following words:

In case of the death, resignation, absence or disability of all the justices of either of the said Municipal Courts (except the Municipal Court of the city of Boston), the duties of justice of such court may at the request of the clerk thereof, or, if there is no clerk, at the request of the constable or other officer in attendance thereon, be performed for the time being by the justice or by a special justice of either of the other of said Municipal Courts.

SECT. 2. This Act shall take effect upon its passage. March 1,

1882.

CHAPTER 44.

AN ACT TO PROVIDE FOR THE LAYING OUT OF PUBLIC PARKS
AND SQUARES IN THE CITY OF NEWTON.

SECTION 1. The city council of the city of Newton shall have power to take land from time to time by purchase, gift, devise or otherwise, for public parks and squares in said city, and to take and to hold in trust, or otherwise, any devise, grant, gift or bequest, for the purpose of laying out, improving or ornamenting any parks and squares in said city, and may provide by ordinances for the government, use, care and superintendence of such parks and squares, either by said city council, or if said council shall so decide by such persons as may be appointed by the mayor and aldermen of said city, and for breaches of such ordinances may affix penalties not exceeding twenty dollars for one offence: provided, however, that no land shall be so taken or except by a two- liability created or money expended therefor or upon any such park

No liability to be incurred

thirds vote of city council.

or square, except by a two-thirds vote of all members of each branch

of said city council taken by yeas and nays.

Description of

SECT. 2. Said city shall within sixty days after the taking of any and taken to be land under this act file in the registry of deeds for the southern dis

filed in

of deeds.

trict of the county of Middlesex a description of such land sufficiently accurate for identifying the same. The title of land so taken shall vest in the city of Newton. In case said city and the owner of any

such land do not agree upon the damage of such taking, such damage shall be ascertained, determined and paid in the same manner as is provided for the assessment and payment of damages for the taking of land for highways.

betterments.

SECT. 3. At any time within two years after any land is taken or Assessments for purchased for a park or square under this Act, the city council of said city of Newton, if in its opinion any real estate in said city receives any benefit and advantage from such taking or purchasing, or from the locating and laying out of a park or square under this act, beyond the general advantages to all real estate in said city, may adjudge and determine the value of such benefit and advantage to any such real estate, and may assess upon the same a proportional share of the cost of land so purchased or taken, and of the expense of laying out, grading and making such park or square; but in no case shall the assessment exceed one-half of the amount of such adjudged benefit and advantage.

upon estate.

SECT. 4. Assessments made under the preceding section shall con- Assessment to stitute a lien upon the real estate so assessed, and shall be collected constitute a lien and enforced, with the same rights to owners to surrender their estates, and the same proceedings thereupon, and with the same rights of and proceedings upon appeal, as are provided by chapter fifty-one of the Pub. Sts. ch. 51. Public Statutes of this Commonwealth.

Loan."

SECT. 5. The city council of said city of Newton shall have au- "Public Park thority to issue, from time to time, and to an amount not exceeding the amount actually expended for the purchase or taking of lands for said parks and squares, bonds or certificates of debt, to be denominated on the face thereof "Public Park Loan," and to bear interest at such rates, and to be payable at such periods as said city council may determine. For the redemption of such loan, the said city council shall establish a sinking fund, sufficient with the accumulating interest to provide for its payment at maturity. All sums paid for betterments Sinking fund. shall be paid into said sinking fund until such sum shall amount to a sum sufficient with its accumulations to pay at maturity the bonds for the security of which the fund was established.

"

SECT. 6. This Act shall not take full effect unless accepted by a Subject to acceptance by majority of the legal voters of said city present and voting thereon at majority vote the annual state election in the present year, notice thereof being duly of legal voters. given, and ballots returned, as is provided for ballots at elections held in said city. Ballots shall be "yes" or "no" in answer to the question: Shall an Act passed by the Legislature of the Commonwealth, in the year eighteen hundred and eighty-two, entitled 'An Act to provide for the laying out of public parks and squares in the city of Newton,' be accepted?" It shall be the duty of the board of aldermen to certify as soon as may be after said meeting to the secretary of the Commonwealth, the number of ballots cast in favor of the acceptance of this Act, and the number cast against its acceptance; and if it shall appear that a majority of the ballots have been cast in Secretary to favor of acceptance, the secretary shall immediately issue and publish cate upon acpublish certifihis certificate declaring this Act to have been duly accepted.

ceptance of Act.

SECT. 7. So much of this Act as authorizes and directs the submission of the question of its acceptance to the legal voters of the city of Newton, shall take effect upon its passage. March 1, 1882.

Corporators.

Name and purpose.

Corporate powers.

Obligations of trustees.

Property exempted from taxation.

May issue bonds
and secure the
same by mort-
gage.
St. 1833, ch. 197.

CHAPTER 45.

AN ACT TO INCORPORATE THE TRUSTEES OF THE JAMES W.
HALE FUND.

SECTION 1. Edward P. Terhune, Courtland W. Anable, Francis J. Wagner and Robert O. Morris, all of Springfield in the county of Hampden, trustees of the funds created for charitable purposes by the will of James W. Hale, late of said Springfield, deceased, and their successors in said trust, are hereby made a corporation by the name of the Trustees of the James W. Hale Fund, for the purpose of managing said funds and dispensing said charities with greater facility and security; with all the powers and privileges and subject to all the restrictions, duties and liabilities set forth in the general laws which now are or hereafter may be in force and applicable to such corporations.

SECT. 2. Said corporation may hold all such notes, mortgages, deeds and moneys as may have been given or transferred to the trustees aforesaid in their said capacity, and may sue and recover upon the same without any special or further conveyance or transfer thereof to the said corporation; and may hold and dispose of real estate to any amount which may have been by said trustees, or may be by said corporation, taken as security for or in payment of any debt due to said trustees or said corporation.

Certain taxes

SECT. 4. The city council of the city of Springfield is hereby to be refunded. authorized to direct the payment from the treasury of said city to

said corporation of a sum equal to the amount paid as taxes by said trustees to said city in the year eighteen hundred and eighty-one, to be held and used by said corporation as income of said trust fund in the manner provided by said will.

SECT. 5. All of the funds and property aforesaid shall be exempted from taxation. March 1, 1882.

SECT. 3. Nothing in this Act contained shall be construed as altering the mode of ascertaining the persons who shall be trustees of said funds from time to time which is provided in said will; nor as relieving such trustees from the obligation of giving bonds as required by law, or from any liability which they may have incurred or hereafter may incur by virtue of such bonds; nor as restricting, enlarging, or in any way changing the provisions of said will, or the scheme of charity therein set forth.

CHAPTER 46.

AN ACT TO ENABLE THE WINNISIMMET COMPANY TO FUND ITS
DEBT AND TO SECURE THE SAME BY MORTGAGE.

SECTION 1. The Winnisimmet Company, incorporated by chapter one hundred and ninety-seven of the Acts of the year eighteen hundred and thirty-three, is hereby authorized and empowered to fund its debt, by the issue of its bonds, to an amount not exceeding seventyfive thousand dollars, payable in twenty years, with the option on the part of said company of paying the same in ten years from their date; such bonds to be issued and dated within two months from the passage of this act, and to bear interest at a rate not exceeding six per centum per annum, payable semi-annually; and may secure the same by a mortgage of its assets.

SECT. 2. This Act shall take effect upon its passage. March 1, 1882.

CHAPTER 47.

AN ACT TO CHANGE THE NAME OF THE MASON AND HAMLIN

ORGAN COMPANY.

SECTION 1. The corporate name of the Mason and Hamlin Organ Name changed. Company, organized under the general laws of the Commonwealth, is hereby changed to the Mason and Hamlin Organ and Piano Company.

SECT. 2. This Act shall take effect upon its passage. March 1, 1882.

CHAPTER 48.

AN ACT TO ESTABLISH HARBOR LINES AT EAST BOSTON,

East Boston.

SECTION 1. The lines hereinafter described shall be, and the same Harbor lines hereby are, established as lines beyond which no wharf or pier shall established at be extended into and over the tide waters of the Commonwealth. Beginning at a point A on the westerly side of Meridian street Bridge and about sixty-three feet southerly from the draw, and marked by a copper tack and an iron plate, in latitude forty-two degrees, twentythree minutes, six and two hundred and thirty-three thousandths seconds, longitude seventy-one degrees, two minutes, two and five hundred and ninety-six thousandths seconds; thence straight southwesterly eight hundred and seventeen and nine-tenths feet to point B, in latitude forty-two degrees, twenty-three minutes, one and eight hundred and forty-seven thousandths seconds, longitude seventy-one degrees, two minutes, eleven and seven hundred and fifty thousandths seconds; thence straight more southerly eight hundred and eighty-four and three tenths feet to point C, near McKay's Wharf, in latitude forty-two degrees twenty-two minutes, fifty-three and six hundred and sixty-three thousandths seconds, longitude seventy-one degrees, two minutes, fifteen and eight hundred and seventy-five thousandths seconds; thence straight southerly and a little westerly one thousand seven hundred and seventy-three and nine-tenths feet to point D, the north-westerly corner of Green's Wharf, in latitude forty-two degrees, twenty-two minutes, thirty-six and one hundred and forty-four thousandths seconds, longitude seventy-one degrees, two minutes, sixteen and five hundred and forty-one thousandths seconds; thence straight southerly and a little more westerly one thousand one hundred and twenty-three and four-tenths feet to point E, nearly opposite Burnham's dry dock, in latitude forty-two degrees, twenty-two minutes, twenty-five and two hundred and ten thousandths seconds, longitude seventy-one degrees, two minutes, nineteen and one hundred and nine thousandths seconds; thence straight south-westerly nine hundred and ninety-four and seven-tenths feet to point F, the north-westerly corner of Mayo's south wharf. in latitude forty-two degrees, twenty-two minutes, sixteen and four hundred and two thousandths seconds, longitude seventy-one degrees, two minutes, twenty-four and nine hundred and eighty-seven thousandths seconds; thence southerly four hundred and seventy-four and six-tenths feet on a curve of five hundred and twelve and three-tenths feet radius, tangent at F to the line EF, and curving easterly to the point G, in latitude forty-two degrees, twenty-two minutes, eleven and eight hundred and seventy-nine thousandths seconds, longitude seventy-one degrees, two minutes, twenty-four and nine hundred and sixty-four thousandths seconds; thence straight southeasterly, tangent at G to the curve FG, two thousand five hundred

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