payment of bonds to be SECT. 2. The Old Colony Railroad Company is hereby authorized Security for to secure the payment of the interest upon the first mortgage bonds interest upon of said Fall River Railroad Company as a part of the rental to be first mortgage paid under said lease, upon such terms and conditions as may be part of rental. agreed upon between the holders of said bonds and the said Old Colony Railroad Company; and the said Old Colony Railroad Company by a vote of its directors may also enter into and bind itself by such lease, and may hire and hold during the period thereof, the railroad, franchise and other property of the said Fall River Railroad Company. SECT. 3. This Act shall take effect upon its passage. March 11, 1882. CHAPTER 63. AN ACT TO ESTABLISH THE SALARY OF THE CLERK OF THE The annual salary of the clerk of the Police Court of Lowell shall Salary of clerk. be twelve hundred dollars, from the first day of January in the year eighteen hundred and eighty-two. March 11, 1882. CHAPTER 64. AN ACT TO AUTHORIZE THE TOWN OF ESSEX TO PAY A Lyman H. SECTION 1. The town of Essex is hereby authorized to raise a sum Town may pay of money not exceeding one hundred and twenty-five dollars, and to a bounty to pay the same as a bounty to Lyman H. Chase, who re-enlisted, and Chase. was credited to the quota of said town under the call made by the president of the United States, on the seventeenth day of October, in the year eighteen hundred and sixty-three: provided, that the said town shall not be re-imbursed by the Commonwealth for any money paid under authority of this Act. SECT. 2. This Act shall take effect upon its passage. March 11, 1882. CHAPTER 65. AN ACT FOR THE PROTECTION OF STRIPED BASS AND BLUE- seine or net for SECTION 1. Whoever at any season of the year shall set, stretch or Penalty for setdraw any seine or net of any kind in any of the waters of the town of ting or drawing Edgartown, excepting the Oyster Pond, the Great Pond, and Job's striped bass or Neck Pond, for the purpose of taking or catching striped bass or bluefish, shall forfeit the sum of one hundred dollars for each offence. bluefish. or bluefish. SECT. 2. Whoever shall take or catch at any season of the year in Penalty for takany of the waters of the town of Edgartown, excepting the ponds ing striped bass named in the preceding section, any striped bass or bluefish, by means of any seine or net of any kind, shall forfeit one dollar for each and every fish so taken or caught. Disposition of money recovered. SECT. 3. One-half of the money recovered in any case arising under this act shall be paid to the person making the complaint, and the remainder to the Commonwealth. SECT. 4. This Act shall take effect upon its passage. March 11, 1882. May hold without the AN ACT TO AUTHORIZE THE SUPREME COUNCIL AMERICAN The Supreme Council American Legion of Honor may hold its annual meeting annual meeting in any State wherein a grand council of said association is established; and its acts at such meetings shall have the same effect as if done within the Commonwealth. March 11, 1882. State. May increase capital stock. CHAPTER 67. AN ACT TO AUTHORIZE AN INCREASE OF THE CAPITAL STOCK SECTION 1. The Lowell Hosiery Company is hereby authorized to increase its capital stock by an amount which, together with the capital heretofore authorized, shall not exceed in the aggregate three hundred thousand dollars, and to invest such increase in real and personal estate necessary and convenient for carrying on the business of said company. SECT. 2. This Act shall take effect upon its passage. March 11, 1882. Corporators. Name and purpose. CHAPTER 68. AN ACT TO INCORPORATE THE NEW ENGLAND QUICK TRANSIT SECTION 1. Charles E. Moody, Henry Hastings, Thomas H. Knowles, Irving A. Evans, James A. Penfield, Thomas Dana, A. Perry Bliven, Holmes M. Jernegan, J. Harley Johnston, their associates and successors, are hereby made a corporation by the name of the New England Quick Transit Steamship Company, to be established in the city of Boston for the purpose of building, chartering and selling vessels to be propelled by steam or other power, and of transporting passengers and freight between Boston and one or more foreign ports. Said corporation shall possess all the powers and privileges, and be subject to all the duties, restrictions, and liabilities set forth in chapters one hundred and five and one hundred and six of the 105 and ch. 106. Public Statutes, and in all general laws which now are or hereafter may be in force relating to similar corporations organized under the general laws of this Commonwealth, so far as the same are applicable. Powers and duties. Pub. Sts. ch. May construct ship yards. SECT. 2. Said corporation, subject to the general laws, may purchase or construct and maintain such ship yards, docks, wharves, elevators, warehouses and other structures as may be necessary or convenient for its business. and shares. SECT. 3. The capital stock of said corporation shall not be less Capital stock than two million dollars, and may be increased from time to time by vote of the corporation to an amount not exceeding five million dollars, and shall be divided into shares of the par value of one hundred dollars each; but said corporation shall not begin its business until the whole amount of the capital stock as then fixed shall have been paid into its treasury, and a certificate thereof filed in the office of the secretary of the Commonwealth in the manner and form required by sections forty-six, forty-seven and forty-eight of chapter one hun- Pub. Sts. ch. dred and six of the Public Statutes. SECT. 4. This Act shall take effect upon its passage. March 11, 1882. 106, §§ 46, 47, 48. CHAPTER 69. AN ACT TO ENABLE THE SOUTH ADAMS FIRE DISTRICT TO from Dry SECTION 1. The South Adams fire district is authorized by and May take water through its prudential committee, for the purpose of furnishing an ad- Brook ditional supply of water for the objects mentioned in chapter one St. 1873, ch. 197. hundred and ninety-seven of the Acts of the year eighteen hundred and seventy-three, to take and hold the water of Dry Brook, so called, in the towns of Windsor, Cheshire and Adams, and the water which may flow into or from said brook, and any water rights connected therewith, and to convey said water to and through the villages named in section one of said chapter; and said fire district may take and hold, May take land by purchase or otherwise, any land necessary for forming reservoirs, and for laying and maintaining aqueducts for conducting and distributing said water; and may take and hold any land on or near said brook, so far as may be necessary for the preservation and purity of the water therein. for reservoirs. damages, SECT. 2. Said fire district shall be liable to pay all damages to Liability for property sustained by any person or corporation by the taking of any lands, water or water-rights by said fire district, or by the laying or maintaining of any aqueducts or other works for the purposes aforesaid. Any person or corporation sustaining damages as aforesaid, and unable to agree with said prudential committee upon the amount of such damages, may have them assessed in the manner provided by how assessed. law with respect to land taken for highways. Any person or corporation whose water rights are thus taken or affected may apply as aforesaid within two years from the time the water is actually withdrawn or diverted, and not thereafter. "Adams Water SECT. 3. For the purpose of defraying the expenses which may be incurred by said fire district in carrying into effect the powers granted exceed $20,000. by this Act, the town of Adams may issue from time to time notes, scrip, or certificates of debt, to be denominated on the face thereof "Adams Water Scrip," to an amount not exceeding twenty thousand dollars, and bearing interest not exceeding six per centum per annum. Said interest shall be payable semi-annually, and the principal shall be Interest to be payable not more than twenty years from the issue of said notes, scrip, annually. or certificates. All notes, scrip or certificates issued as aforesaid, shall be signed by the treasurer of said town and countersigned by the chairman of the selectmen, and a record of said notes, scrip, or certificates shall be made and kept by the treasurer. The town of Adams may loan said notes, scrip, or certificates to the said fire district, upon such terms and conditions as may be prescribed by said town; and paid semi Town may assess taxes for payment of principal and interest. District shall file in registry scription of the of deeds a de land taken. Provisions of said fire district may sell the same or any part thereof, or pledge the same for money borrowed for the purposes aforesaid, upon such rates or upon such terms as the said fire district shall deem proper. SECT. 4. The town of Adams may assess and collect upon the estates, real and personal, in said fire district, all taxes necessary to pay the principal and interest of the notes, scrip, and certificates issued and loaned as aforesaid. SECT. 5. Said fire district shall, within six months from the time of taking any lands, water or water rights, as before provided, file in the registry of deeds for the northern district of the county of Berkshire an accurate description of the lands, water and water rights so taken : and said fire district shall, upon the written request of any person whose lands are so taken, furnish him with an accurate description of the same. SECT. 6. The provisions of section ten of chapter one hundred and ninety-seven of the Acts of the year eighteen hundred and seventythree are hereby extended, and shall apply to any lands, dams, and works taken, erected or maintained by said fire district under and by virtue of this Act. SECT. 7. This Act shall take effect upon its passage. March 11, 1882. Park commissioners to be elected. Shall serve without compensation, May locate one To appoint engineers and other officers. CHAPTER 70. AN ACT FOR LAYING OUT A PUBLIC PARK IN THE TOWN OF SECTION 1. The inhabitants of the town of Quincy may at any legal meeting called for the purpose elect three commissioners and prescribe their terms of office. Said commissioners shall constitute a board of park commissioners, and any vacancy occurring in said board shall be filled in such manner as the town may direct. Said commissioners shall serve without compensation. SECT. 2. Said board shall have power to locate within the limits or more parks. of the town of Quincy one or more public parks; and for that purpose, from time to time, to take and hold by purchase or otherwise any and all such lands, except as hereinafter provided, as said board may deem desirable therefor, or to take bonds for the conveyance thereof to said town; to lay out, improve, govern and regulate any such park or parks; to make rules for the use and government thereof, and for breaches of such rules to affix penalties not exceeding twenty dollars for one offence, to be imposed by any court of competent jurisdiction; to appoint all necessary engineers, surveyors, clerks and other officers, including a police force to act in such parks; to define the powers and duties of such officers, and fix their compensation; and generally to do all needful acts for the proper execution of the powers and duties granted to or imposed upon said town or said board by this Act; provided, however, that no land shall be taken until an appropriation sufficient to cover the estimated expense thereof shall have been made by a two-thirds vote of the voters present and voting at a meeting legally held; and provided, further, that no taking of lands otherwise than by purchase shall be valid unless it is reported to the town, filed, acPub. Sts. ch.49, cepted and allowed, as provided by section seventy-one of chapter $71. forty-nine of the Public Statutes in the case of laying out town ways. SECT. 3. Said board of commissioners are expressly authorized to land left by will take in fee such portion or portions of land left by the will of the late Ebenezer Woodward to the said town of Quincy for the purposes there Provisos. Land not to be money is appro taken until priated. May take in fee of Ebenezer Woodward. in mentioned, as they shall be instructed to take by a two-thirds vote description of SECT. 4. Said board shall, within sixty days after the acceptance To file in regisby the town of their report of the taking of land under this act, file in try of deeds a the registry of deeds for the county of Norfolk a description thereof the land taken. sufficiently accurate for identification. SECT. 5. Said board shall, except as hereinbefore provided, esti- Estimation of mate and determine all damages sustained by any persons by the tak- damages, ing of land or other acts of said board in the execution of the powers vested in them under this Act; but any person aggrieved by any such determination of said board may have his damages assessed as in case of land taken for highways. SECT. 6. The fee of all lands taken or purchased by said board Liability for under this Act shall vest in the inhabitants of the town of Quincy, and damages, said town shall be liable to pay all damages assessed or determined, as provided in the preceding section, and all other costs and expenses incurred by said board in the execution of the powers vested in them by this Act. Said town shall also be authorized to take and hold in trust or otherwise any devise, grant, gift or bequest that may be made for the purpose of laying out, improving or ornamenting any parks in said town. be laid out in park. SECT. 7. No street or way and no steam or horse railroad shall be Streets not to laid out over any portion of any park located under this Act, except at such places and in such manner as said board shall approve. SECT. 8. Said board shall, at the annual town meetings and at such Commissioners other times as the town may direct, make report of its doings, including annually. a detailed statement of all receipts, expenditures, and liabilities. to report voters. SECT. 9. This Act shall not take full effect unless accepted by Subject to aca majority of the legal voters of said town present and voting thereon verence by by ballot and using the check list at a meeting which shall be held for that purpose during the ensuing year. Said ballot 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 eightytwo, entitled 'An Act for laying out a public park in the town of Quincy,' be accepted?" Such meeting shall be called, notified and warned in the same manner in which meetings for the election of town officers are called, notified and warned; and it shall be the duty of the selectmen and town clerk to certify as soon as may be to the secretary of the Commonwealth the number of ballots cast in favor of the acceptance of this Act, and the number cast against said acceptance; and if it shall appear that a majority of the ballots have been cast in favor of such acceptance, the said secretary shall forthwith issue and publish his certificate declaring this Act to have been duly accepted. SECT. 10. So much of this Act as authorizes and directs the submission of the question of its acceptance to the legal voters of the town of Quincy shall take effect upon its passage. March 11, 1882. |