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Proviso.

Subject to acceptance by the town.

payment of a bounty of one hundred and twenty-five dollars to each soldier, and the legal representatives of each deceased soldier, who re-enlisted as a veteran in the twenty-sixth regiment of Massachusetts volunteers under the call of the president dated October seventeenth eighteen hundred and sixty-three, who was credited to said town and has never received therefrom any bounty for such re-enlistment: provided, that said town shall not be re-imbursed by the Commonwealth for any money paid under the authority of this Act.

SECT. 2. The selectmen of said town shall insert in the warrant for the annual meeting in April in the year eighteen hundred and eighty-two an article providing that a vote shall be taken on the question of raising such money and appropriating the same to the payment of such bounties. In voting upon the question the check list shall be used, and the polls shall be kept open at least four hours. The vote shall be by ballot, and ballots shall be "Yes," or "No," in answer to the question, "Will the town pay a bounty of one hundred and twenty-five dollars to each soldier, and the legal representatives of each deceased soldier, who re-enlisted as a veteran in the twentysixth regiment of Massachusetts volunteers under the call of the president dated October seventeenth eighteen hundred and sixty-three, who was credited to the town and has never received any bounty therefrom for such re-enlistment; and raise by taxation the sum of four thousand dollars for, and appropriate the same to, the payment of said bounties?"

SECT. 3. This Act shall take effect upon its passage. March 20,

1882.

No discrimina

CHAPTER 94.

AN ACT TO PREVENT DISCRIMINATION IN FREIGHT RATES BY

RAILROAD CORPORATIONS.

SECTION 1. No railroad corporation shall discriminate in charges tion to be made for the transportation of freight against or in favor of any person, in charges for freight firm or corporation, or demand or accept from any person, firm or Amended by St. 1882, ch. 225. corporation, for the transportation of freight a higher or lower rate, or demand or grant terms more or less favorable, than those demanded or accepted from any other person, firm or corporation for like service. SECT. 2. Any railroad corporation violating the provisions of this Act shall, in addition to liability for all damages sustained by reason of such violation, be liable to the penalty provided by section one hundred and ninety-one of chapter one hundred and twelve of the Public Statutes. March 21, 1882.

Penalty for violation.

Pub. Sts. ch. 112, § 191.

Filing of bonds
in appeals in
civil cases.
Pub. Sts. ch.
154, § 52.

133 Mass. 464.

CHAPTER 95.

AN ACT CONCERNING APPEALS IN THE POLICE, DISTRICT AND
MUNICIPAL COURTS IN CIVIL CASES.

SECTION 1. The provisions of section fifty-two of chapter one hundred and fifty-four of the Public Statutes, relating to the filing of bonds by parties appealing in civil proceedings in the Municipal Courts of the city of Boston and the execution thereof by attorneys of record, shall apply to the several Municipal, Police and District Courts in the Commonwealth.

SECT. 2. This Act shall take effect upon its passage. March 21,

CHAPTER 96.

AN ACT FIXING THE COMPENSATION OF OFFICERS IN ATTEND

ANCE UPON SHERIFFS' JURIES.

SECTION 1. An officer in attendance upon a sheriff's jury shall re- Compensation. ceive four dollars for each day he attends upon them.

SECT. 2. All Acts and parts of Acts inconsistent with the pro- Repeal.

visions of this Act are hereby repealed.

SECT. 3. This Act shall take effect upon its passage.

1882.

March 21,

CHAPTER 97.

AN ACT TO PROVIDE FOR THE INSTRUCTION AND EXERCISE
OF A PORTION OF THE VOLUNTEER MILITIA IN THE MANUAL
AND DRILL OF HEAVY ARTILLERY.

militia to be

SECTION twenty-three of chapter fourteen of the Public Statutes Portion of the is hereby amended by adding to said section the following words: drilled as heavy one regiment or more of which, at the discretion of the commander-in- artillery. chief, shall be trained, instructed and exercised in the manual and § 23, amended. drill of heavy artillery." March 21, 1882.

Pub. Sts. ch. 14,

CHAPTER 98.

AN ACT TO PROVIDE FOR THE PRESERVATION OF LOBSTERS.
SECTION 1. Section eighty-one of chapter ninety-one of the Public Penalty for
Statutes is hereby amended to read as follows:

catching in July female

eggs.

SECT. 81. Whoever during the month of July in any year catches lobster bearing or takes from any of the waters of this Commonwealth any female Pub. Sts. ch. 91, lobster bearing eggs, shall be punished for each offence by a fine of § 81, amended, not less than ten nor more than one hundred dollars, or by imprisonment in the house of correction for not less than one nor more than three months; but a person catching or taking any such lobster during said month of July, and immediately returning it alive to the waters from which it was taken, shall not be subject to such penalty.

SECT. 2. Section eighty-two of chapter ninety-one of the Public Penalty for sellStatutes is hereby amended to read as follows:

SECT. 82. Whoever during the month of July in any year sells or has in his possession with intent to sell, any female lobster bearing eggs, taken in this Commonwealth, shall forfeit for each offence a sum not less than ten nor more than fifty dollars.

SECT. 3. This Act shall take effect upon its passage. March 21, 1882.

ing.
Pub. Sts. ch. 91,

§ 82, amended.

CHAPTER 99.

AN ACT TO EXTEND THE TIME FOR THE ORGANIZATION OF
THE KATAMA LAND COMPANY.

SECTION 1. The time for the organization of the Katama Land St. 1872, ch. 155. Company, under chapter one hundred and fifty-five of the Acts of the

8

Time for organization extended.

Proviso.

year eighteen hundred and seventy-two, is hereby extended to the first day of July in the year eighteen hundred and eighty-two: provided, that said corporation when organized shall not thereby acquire any right of action upon any subscription to its capital stock, unless made subsequent to the passage of this Act.

SECT. 2. This Act shall take effect upon its passage. March 21, 1882.

St. 1877, ch. 8. and per

CHAPTER 100.

AN ACT CONCERNING THE

VETERAN ASSOCIATION OF THE INDEPENDENT CORPS OF CADETS.

SECTION 1. The Veteran Association of the Independent Corps of Ronal estate not Cadets, incorporated by chapter eight of the Acts of the year eighteen hundred and seventy-seven, may hold real and personal estate to an amount not exceeding two hundred and fifty thousand dollars.

to exceed $250,000.

Portion of real estate to be exempt from taxation.

Repeal.

SECT. 2. The real estate now held or hereafter acquired by said corporation, so long as and to the extent that the same shall be used by the active volunteer militia organization, designated by law as the First Corps of Cadets, and its successors in accordance with the laws which now are or hereafter shall be in force relating to the militia, shall be exempt from taxation.

SECT. 3. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed. March 21, 1882.

May erect certain wooden buildings within the building limits of the city.

CHAPTER 101.

AN ACT TO AUTHORIZE THE CITY OF BOSTON TO PERMIT THE
ERECTION OF CERTAIN FRAME OR WOODEN BUILDINGS
WITHIN THE BUILDING LIMITS OF SAID CITY.

THE city council of the city of Boston may authorize the erection of frame or wooden buildings for market purposes within the building limits of said city, upon the conditions, that such buildings shall not exceed twenty-seven feet in height, that all external parts thereof shall be covered with iron or other non-combustible material, and that the material used and the mode of erection shall be approved by the inspector of buildings of said city. March 21, 1882.

Lessees may

alewives at any time.

CHAPTER 102.

AN ACT CONCERNING THE FISHERIES IN GREAT POND AND
JOB'S NECK POND IN THE TOWN OF EDGARTOWN.

SECTION 1. The lessees holding from the commissioners on inland take smelts and fisheries a lease of Great Pond and Job's Neck Pond, in the town of Edgartown, may take smelts and alewives from said ponds and from the ditches connecting them with each other and with the ocean, at all seasons of the year and without restrictions as to days.

Penalty for

SECT. 2. Whoever other than said lessees takes any fish, except taking fish with- eels, from either of said ponds or ditches, without the permission in out permission.

writing of said lessees first obtained, shall forfeit one dollar for each fish so taken, and shall also forfeit any boat, net, line, rod or other apparatus used in such taking, in accordance with the provisions of Pub. Sts. ch. chapter one hundred and ninety-four of the Public Statutes. March 194. 21, 1882.

CHAPTER 103.

AN ACT TO CHANGE A PORTION OF THE HARBOR LINE IN
GLOUCESTER HARBOR.

in Gloucester

SECTION 1. The following described line is established as a por- Harbor line tion of the harbor line beyond which no wharf or pier shall be extended established into and over the tide-waters of the Commonwealth : -The line begins harbor. at a point in the present harbor line, distant four hundred and twentyfive feet north-westerly from monument C, being a granite post and marked as monument C on the map of the commissioners on harbors and flats, dated October, eighteen hundred and sixty-five, said point being also the south-westerly corner of Shute and Merchant's wharf, at East Gloucester; and thence said line runs south-westerly in a straight line a distance of one hundred and fifty-five feet to a point four hundred and seventy feet from said monument C; thence southerly in a straight line eight hundred feet to a point on the line of the northerly side of the wharf belonging to Samuel Haskell, extended, and distant eighty-five feet from the present harbor line; thence south-westerly in a straight line two hundred and forty-eight feet to a point six hundred and eighteen feet distant from the north-east corner of the building formerly known as engine house number six in East Gloucester, and one hundred feet distant from the present harbor line; thence southwesterly in a straight line about eleven hundred and forty feet to a point five hundred and thirty-two feet distant westerly from monument D, as shown upon the aforesaid map, which point is also the most westerly corner of the wharf belonging to William Parsons, second, and Company.

SECT. 2. The harbor line heretofore established upon that part of Portion of the harbor frontage covered by this Act is superseded by the harbor former line line hereby established.

SECT. 3. This Act shall take effect upon its passage. 21, 1882.

March

superseded.

CHAPTER 104.

AN ACT TO PROVIDE FOR THE RECONSTRUCTION OF A PART

OF ESSEX MERRIMACK BRIDGE.

of bridge by

SECTION 1. The county commissioners for the county of Essex are Reconstruction hereby authorized and required, as soon as may be after the passage the county of this Act, to reconstruct or build anew, subject to the approval of commissioners. the board of harbor and land commissioners, that part of the Essex Merrimack Bridge which lies between Deer Island and the northern shore of the Merrimack River in the town of Salisbury, including a suitable draw not less than fifty feet wide and pier approaches thereto; and the said county commissioners are hereby authorized to hire such sums of money as may be necessary to comply with the provisions of

this Act.

Commissioners

hearing to ap

portion ex

pense.

SECT. 2. The said county commissioners shall, after due notice to after notice and all parties interested and after a hearing of all such parties, proceed to determine what cities and towns in said county receive particular and special benefit from the use of said bridge and draw, to apportion and assess upon said county and said cities and towns such an amount as they shall deem equitable and just for the cost of reconstructing said bridge and draw. Said county commissioners shall also determine what proportion said county and said cities and towns shall pay annually for the cost of repairs and maintenance of said bridge and draw.

Expenses of care of draw and of repairs upon bridge.

SECT. 3. The treasurer of the city or town having the care of the draw and repairs of said bridge, and paying for said service out of the treasury of such city or town, shall make a sworn statement to the said county commissioners of the annual expense thereof on or before the first day of January in each year; and the said county commissioners shall pay out of the treasury of said county to such city or town, after deducting its proportion of the annual expense, the balance which may be due.

SECT. 4. This Act shall take effect upon its passage. March 22, 1882.

St. 1881, ch. 75, § 2, amended.

CHAPTER 105.

AN ACT RELATING TO THE DITCHING OF SOUTH BEACH IN
THE TOWN OF EDGARTOWN.

SECTION 1. Section two of chapter seventy-five of the Acts of the year eighteen hundred and eighty-one is hereby so amended as not to require that the commissioners provided for in said section shall be disinterested persons.

SECT. 2. This Act shall take effect upon its passage. March 22, 1882.

Taxation of foreign mining, quarrying and oil companies.

CHAPTER 106.

AN ACT IN RELATION TO THE TAXATION OF FOREIGN MINING,
QUARRYING AND OIL COMPANIES.

SECTION 1. Every corporation, company or association chartered or organized by authority other than that of this Commonwealth for the purpose of engaging without the limits of this Commonwealth in the business of coal mining or other mining, of quarrying, or extracting carbonaceous oils from the earth, or of purchasing or holding mines or lands without the said limits, which shall for any period exceeding ten days establish, set up, have, or keep principal or branch subscription, treasury, or transfer office or agency within this Commonwealth, shall within thirty days after the setting up or establishment of such office or agency make and return to the secretary of the Commonwealth a certificate in manner and form to be approved by the commissioner of corporations, and signed and sworn to by its president, treasurer and a majority of its board of directors or trustees, setting forth the name of such corporation, company or association, the name of the State, territory, or foreign country under whose laws it is organized and whether specially chartered, or organized under the general laws thereof, its location in such State, territory or

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