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by the vote of the corporation, and shall be divided into shares of one hundred dollars each.

SECTION 4. This act shall take effect upon its passage.

Approved April 1, 1874.

AN ACT TO REGULATE FISHING IN THE CONNECTICUT AND MERRI- Ch. 144.

Be it enacted, &c., as follows:

MACK RIVERS.

SECTION 1. From and after the passage of this act whoever takes or catches any shad or alewives in any part of the Merrimack River or its tributaries lying within this Commonwealth, except between sunrise on Monday morning and sunrise of Thursday morning of each week, from the first day of March to the tenth day of June in each year, shall forfeit for each alewife so taken, a sum not less than one nor more than five dollars and for each shad so taken, a sum not less than five nor more than twenty dollars.

Shad and ale
Merrimack

wife fishery in

River regulated.

be taken in Con

rimack Rivers

SECTION 2. Whoever takes or catches any salmon in Salmon not to any part of the Connecticut or Merrimack Rivers or their necticut or Mertributaries lying within this Commonwealth, for a period for a period of of six years from and after the passage of this act, shall six years. be punished for each offence by a fine of not less than fifty nor more than two hundred dollars, or by imprisonment in the house of correction not less than two nor more than six months provided, that any person catching salmon when seining for other fish and not retaining the same shall not be subject to the penalty provided in this section.

taken within

way.

SECTION 3. Whoever takes or catches any fishes within Fish not to be four hundred yards of any fishway now built or hereafter four hundred to be built on the Connecticut River or its tributaries lying yards of a fishwithin this Commonweath, or trespasses within the limits of such fishway, shall forfeit for each offence the sum of fifty dollars.

be used.

SECTION 4. Whoever uses any gill net of any size or Gill nets not to description in the waters of the Connecticut or Merrimack Rivers or their tributaries lying within this Commonwealth, shall forfeit for each offence the sum of twentyfive dollars.

Boat and other parts to be

apparatus

SECTION 5. Whoever takes or catches any fish in violation of the provisions of this act shall in addition to the penalties herein prescribed, forfeit any boat, net, line, rod or other apparatus used in such taking or catching. SECTION 6. If the mayor and aldermen of any city or the selectmen of any town, bordering on either the Con- neglecting to

Penalty on

selectmen for

appoint fishwardens.

Ch. 145.

Mayor and al

dermen to have

the "Kenrick

Fund."

necticut or Merrimack Rivers, shall neglect to appoint
and fix the compensation of fish wardens within their
respective cities and towns as now required by law, the city
or town in which such neglect occurs, shall forfeit a sum
not less than one hundred nor more than five hundred dol-
lars.
Approved April 7, 1874.

AN ACT IN ADDITION TO AN ACT TO ESTABLISH THE CITY OF
NEWTON.

Be it enacted, &c., as follows:

SECTION 1. The mayor and aldermen of the city of management of Newton shall have the custody, care and management of the "Kenrick Fund," being the gift of John Kenrick, and of the distribution of the income thereof, according to the terms of the trust. All notes and securities heretofore given for loans from said fund, whether made to the town of Newton, its selectmen, or otherwise may be collected, enforced, assigned or discharged by the mayor and alder

Statement of condition of

fund to be published annually.

Ch. 146.

Terms of court at Amherst.

men.

All notes, mortgages and securities which may hereafter be made for, or on account of loans from said fund, and all contracts in relation thereto, shall be taken in the name of the city of Newton; it shall be expressed therein that the same pertain to the Kenrick Fund, and the same may be collected, enforced, assigned or discharged in the name of the city by the mayor and aldermen. The mayor, by an order of the aldermen at any meeting of the board, may execute in the name of the city any deed or contract in relation to the fund.

SECTION 2. The mayor and aldermen shall cause a statement of the condition of the fund and of the distribution of the income to be published annually in some newspaper in said city, or with the statement of the receipts and expenditures of the city.

SECTION 3. This act shall take effect upon its acceptance by the city council of said city.

Approved April 7, 1874.

AN ACT TO PROVIDE FOR HOLDING ADDITIONAL TERMS OF THE PRO-
BATE COURT AT AMHERST IN THE COUNTY OF HAMPSHIRE.

Be it enacted, &c., as follows:

SECTION 1. In addition to the terms of the probate court now to be held at Amherst in the county of Hampshire, there shall be held terms of said court at said

Amherst on the second Tuesdays of March, June and
November.

SECTION 2. This act shall take effect on its passage.

Approved April 7, 1874.

AN ACT TO AUTHORIZE THE TOWN OF ABINGTON TO HOLD A SECOND Ch. 147.

ANNUAL MEETING FOR THE PRESENT YEAR.

Be it enacted, &c., as follows:

hold a meeting

of town officers.

SECTION 1. The town of Abington is authorized to Abington may hold a second annual meeting during the month of April for the election of the present year; at which town officers may be elected, and all other town business transacted with the same effect and validity as if said officers had been elected and said. business transacted at the annual meeting already holden. SECTION 2. This act shall take effect upon its passage. Approved April 7, 1874.

AN ACT TO INCORPORATE THE NEEDHAM SAVINGS BANK.

Be it enacted, &c., as follows:

Ch. 148.

SECTION 1. Galen Orr, Alexander Lynes, Levi Ladd, Corporators. J. E. Fiske, Chas. C. Greenwood, their associates and successors, are made a corporation, by the name of the Needham Savings Bank, to be located in Needham; with Powers and all the powers and privileges, and subject to all the duties, restrictions and liabilities set forth in the general laws, which now are or hereafter may be in force relating to institutions for savings.

SECTION 2. This act shall take effect upon its passage.
Approved April 7, 1874.

duties.

AN ACT TO AUTHORIZE THE TRUSTEES OF THE HOUSE OF THE Ch. 149.

ANGEL GUARDIAN TO HOLD ADDITIONAL ESTATE.

Be it enacted, &c., as follows:

tional real and

SECTION 1. The trustees of the House of the Angel $150,000 addiGuardian are authorized to hold additional real and personal estate. personal estate, to an amount not exceeding one hundred

and fifty thousand dollars.

SECTION 2. This act shall take effect upon its

passage.

Approved April 7, 1874.

AN ACT IN ADDITION TO AN ACT CONCERNING WITNESSES IN CRIMI- Ch. 150.

NAL PROSECUTIONS IN OTHER STATES.

Be it enacted, &c., as follows:

1873, 319, § 1.

SECTION 1. The first section of chapter three hundred Amendment to and nineteen of the acts of the year eighteen hundred and seventy-three is hereby amended by inserting after the word Commonwealth in the second line of said section the

words "or the clerk of any court of record in the state of
Maine."

SECTION 2. This act shall take effect upon its passage.
Approved April 9, 1874.

Ch. 151. AN ACT PROVIDING FOR THE ELECTION OF TREASURERS OF FIRE

Fire districts may raise

money for pur

DISTRICTS, AND TO AMEND CHAPTER TWENTY-FOUR OF THE GEN-
ERAL STATUTES.

Be it enacted, &c., as follows:

SECTION 1. Fire districts duly organized under the provisions of the twenty-fourth chapter of the General chase of engines. Statutes may, at meetings called for the purpose, raise money for the purchase of engines and other articles necessary for the extinguishment of fires, for the purchase of land and erection and repairs of necessary buildings, and other incidental expenses of the fire department. They shall choose a prudential committee which shall expend the same for the purposes prescribed by votes of the district.

Prudential
Committee.

Treasurer to give bond.

Treasurer pro tempore may be appointed in

SECTION 2. Such districts shall also choose a treasurer who shall give bond in such sum as the prudential committee require, with sureties to their satisfaction, for the faithful discharge of the duties of his office. The treasurer so chosen and qualified, shall receive and take charge of all sums of money belonging to the district, and pay over and account for the same according to the order of such district or the prudential committee.

SECTION 3. When the office of treasurer is vacant by reason of death, removal or other cause, or when the case of vacancy. treasurer is prevented from performing the duties of his office, the prudential committee may by writing under their hands appoint a treasurer pro tempore, who shall give a bond in like manner as provided in the second section of this act, and hold his office until another is chosen.

Amendment to
G. S. 24, § 44.

Repeal of G. S. 24, § 43.

SECTION 4. Section forty-four of said chapter of the General Statutes is amended by striking out the words "prudential committee" in the fifth and sixth lines thereof, and substituting therefor the words "treasurer of the district."

SECTION 5. Section forty-three of said chapter is repealed; but such repeal shall not affect any liability incurred by the prudential committee of any fire district prior to the time when this act takes effect.

SECTION 6. This act shall take effect on the first day of January next. Approved April 9, 1874.

AN ACT TO AMEND THE LAWS IN REGARD TO ATTACHMENTS DIS- Ch. 152.

PUTED BY PERSONS HAVING SUBSEQUENT LIENS.

Be it enacted, &c., as follows:

G. S. 123, §§ 92

menced before

SECTION 1. The provisions of sections ninety-two, Provisions of ninety-three, ninety-four, ninety-five, ninety-six, ninety- 101, to apply to seven, ninety-eight, ninety-nine, one hundred, and one actions comhundred and one of chapter one hundred and twenty- police and dis three of the General Statutes shall apply to actions commenced before police, municipal and district courts.

trict courts.

SECTION 2. Section one hundred and two of said Amendment to G. S. 123, § 102. chapter is amended by striking out the words "or police court."

SECTION 3. This act shall take effect upon its passage.
Approved April 9, 1874.

AN ACT IN ADDITION TO ACTS IN RELATION TO SMELT FISHERIES. Ch. 153. Be it enacted, &c., as follows:

possession be

15th and June

SECTION 1. Whoever within this Commonwealth offers Smelts not to be for sale or has in his possession any smelt or smelts be- sold or had in tween the fifteenth day of March and the first day of June tween March in each year, shall forfeit for each and every smelt so sold, 1st. offered for sale, or had in his possession, the sum of one dollar.

by hand-line.

SECTION 2. Whoever takes or catches any smelt or Smelts not to be smelts with a net of any kind, or in any other manner than caught except by naturally or artificially baited hooks and hand-lines, shall forfeit for each smelt so caught or taken the sum of one dollar provided, that nothing contained in this act Proviso. shall apply to any person catching smelts in any seine or net, within the limits of Bristol, Barnstable or Dukes counties, during the time, and in the manner, a person may lawfully fish for perch, herring or alewives, or to any person offering for sale or having in his possession smelts so caught, within those limits; and in all prosecutions under this act, the burden of proof shall be upon the defendant to show that the smelt or smelts, the offering for sale, possession, or catching of which is the subject of the prosecution, were legally caught.

cers and con

forced.

SECTION 3. The mayor and aldermen of any city, the Municipal offi selectmen of any town, and all police officers and consta- stables to cause bles within this Commonwealth, shall cause the provisions act to be enof this act to be enforced within their respective cities and towns, and all forfeitures and penalties for violations of the provisions of this act shall be paid, one-half to the

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