the expense of supporting such person at the state almshouse, SECTION 3. This act shall take effect upon its passage. AN ACT GIVING TO JUDGES OF PROBATE AND INSOLVENCY SUPERVIS- Be it enacted, &c., as follows: Chap. 95. registers' books, SECTION 1. The judges of the probate court and of the Judges to inspect court of insolvency in their several counties, shall, as often ales, etc. as every six months, inspect the doings of the registers of said courts, and see that the records and files are made up seasonably and kept in good order; and if the records are Forfeiture of left incomplete for more than six months at any one time, such neglect, unless caused by sickness or other extraordinary casualty, shall be adjudged a forfeiture of the register's bond. bond. treasurer in case SECTION 2. In case of any neglect causing a forfeiture of Judge to notify the bond of the register or assistant-register, the said judge of forfeiture. shall forthwith give notice thereof in writing to the treasurer having custody of the bond, who shall thereupon cause the same to be put in suit; and the sum recovered in such suit shall be applied to making up the deficient records under the direction of the court in whose records the deficiency happens, and the surplus, if any, shall be carried into the account of such treasurer. SECTION 3. Nothing herein contained shall exempt said Existing liabiliregisters or assistant-registers from a suit for any other ties not affected. breach of their bond, or from their liability in any other way, or to any party for neglect or misconduct in their office. Approved March 27, 1861. AN ACT TO ESTABLISH THE SALARIES OF THE DRAW-TENDERS OF Chap. 96, CHARLES RIVER AND WARREN BRIDGES. Be it enacted, &c., as follows: SECTION 1. The draw-tender on Charles River Bridge Salaries. SECTION 2. This act shall take effect upon its passage. AN ACT TO INCORPORATE THE AMERICAN SOCIETY OF HIBERNIANS. Be it enacted, &c., as follows: Chap. 97. SECTION 1. Andrew Mahoney, Edward Riley, James Corporators. McGee, Daniel McKenna, their associates and successors, Title. Purposes. Powers and duties. Real and personal estate. are hereby made a corporation by the name of the American Society of Hibernians, for the purpose of rendering assistance to the sick and disabled members of their society, and also of providing for the decent burial of the dead; and for these purposes shall have all the powers, and be subject to all the duties and liabilities, set forth in the sixty-eighth chapter of the General Statutes. SECTION 2. Said corporation may take and hold, for the purposes aforesaid, real or personal estate, or both, to an amount not exceeding twenty thousand dollars. Approved March 27, 1861. Chap. 98. AN ACT AUTHORIZING THE TOWN OF MILFORD TO SUBSCRIBE TO THE Authority to subscribe. Proviso. May raise money. CAPITAL STOCK OF THE MILFORD AND WOONSOCKET RAILROAD Be it enacted, &c., as follows: SECTION 1. The town of Milford, in the county of Worcester, is hereby authorized to subscribe for and hold shares in the capital stock of the Milford and Woonsocket Railroad Company, to an amount not exceeding fifty thousand dollars: provided, that two-thirds of the legal voters of said town, present and voting thereon, at a legal town meeting duly called for that purpose, shall vote to subscribe for such shares in accordance with the terms of this act, and to pay for the same out of the town treasury, and to hold the same as town property, subject to the disposition of the town for public purposes, in like manner as other property which it may possess. SECTION 2. Said town is hereby authorized to raise by loan or tax, any sums of money which shall be required to pay its instalments on its subscription to said stock and interest thereon. SECTION 3. This act shall take effect upon its passage. Chap. 99. AN ACT CHANGING THE TIME OF HOLDING THE LAW TERMS OF THE Lenox. Greenfield and SUPREME JUDICIAL COURT FOR THE COUNTIES OF BERKSHIRE, Be it enacted, &c., as follows: SECTION 1. The law terms of the supreme judicial court now by law appointed to be held at Lenox, within and for the county of Berkshire, on the first Tuesday of September in each year, shall hereafter be held on the second Tuesday of September. SECTION 2. The law terms of said court now appointed by law to be held at Greenfield, within and for the county of Franklin, on the first Monday next after the first Tuesday of September, and at Northampton, within and for the county of Hampshire, on the second Monday next after the first Tuesday of September, are hereby abolished, and instead thereof there shall be held a term of said court for hearing and entering questions of law arising in said counties of Franklin and Hampshire, alternately at Greenfield and Northampton, on the Monday next after the second Tuesday of September in each year, the first term of said court after the passage of this act to be held at said Greenfield. SECTION 3. The said court at the terms thereof by this Jurisdiction. act established, shall have cognizance and jurisdiction of all causes now pending in the law terms of said court for said counties respectively, and shall have the same jurisdiction of all libels for divorce and other matters as the law terms of said court now have, when held for said counties separately. SECTION 4. All acts inconsistent with the provisions of this act, are hereby repealed. Approved March 28, 1861. AN ACT DEFINING THE RIGHTS OF OWNERS OR OCCUPANTS OF LAND Be it enacted, &c., as follows: Chap. 100 land of corpora Owners not to If the owner or occupant of any land adjoining any rail- Occupancy of road in this Commonwealth, has taken or shall take into his tion by adjacent inclosure, any part of the land belonging to said railroad, as vest property located and established, or has erected or shall erect any rights. building upon, or has occupied or shall occupy for the purposes of cultivation or otherwise, any land belonging to or included within the location of any such railroad, no continuance of such inclosure, building, or length of possession or occupancy of the land belonging to such railroad, so inclosed or occupied, shall create in such adjoining owner or occupant, or in any person claiming under him, any right to the land belonging to such railroad so inclosed or occupied. Approved March 28, 1861. AN ACT TO INCORPORATE THE NONANTUM FIRE INSURANCE COMPANY. Chap. 101 Be it enacted, &c., as follows: SECTION 1. E. C. Sparhawk, Edward Sparhawk, John Corporators. Gordon, J. N. Bacon, Curtis Davis, P. H. Sweetser, their associates and successors, are hereby made a corporation by Title. the name of the Nonantum Fire Insurance Company, to be Location. established in the town of Brighton, for the purpose of Purpose. making insurance against losses by fire; with all the powers Privileges and reand privileges, and subject to all the duties, liabilities and strictions. restrictions, set forth in the general laws in relation to stock insurance companies, or which may hereafter be enacted in relation to the same. Capital. Shares. tal. SECTION 2. The said corporation shall have a capital stock of fifty thousand dollars, divided into shares of one Increase of capi- hundred dollars each, with liberty to pay in and increase the same to an amount not exceeding one hundred and fifty thousand dollars, and shall have a right to hold real estate for its own use to an amount not exceeding fifteen thousand dollars. Approved March 28, 1861. Real estate. Chap. 102 AN ACT IN ADDITION TO AN ACT TO AUTHORIZE EDMUND T. DANA Time for construction extended.; AND OTHERS TO CONSTRUCT DAMS AND DIKES IN CAMBRIDGE. Be it enacted, &c., as follows: The time within which Edmund T. Dana and others were authorized by chapter one hundred and forty-seven of the acts of the year one thousand eight hundred and fiftyeight, to construct dams and dikes in Cambridge, is hereby extended to September in the year one thousand eight hundred and sixty-two. Approved March 28, 1861. Chap. 103 AN ACT TO CHANGE THE TIME FOR HOLDING THE ANNUAL EXHIBI Chap. 104 Assignee to make TION OF THE HAMPDEN COUNTY AGRICULTURAL SOCIETY. Be it enacted, &c., as follows: The Hampden County Agricultural Society shall hereafter AN ACT CONCERNING THE ESTATES OF INSOLVENT DEBTORS. SECTION 1. Every assignee of the estate of an insolvent return to judge. debtor or corporation, shall, unless the judge of insolvency shall otherwise direct, make and return, upon oath, into the court of insolvency, a true inventory of all the property of the debtor, real and personal, and all debts due to the debtor or any other person for his use, and all his rights of action for goods or estate, real or personal, and all his rights of redeeming such goods or estate, which the assignment vests in such assignee, and which shall have come to his possession or knowledge; and the estate comprised in such inventory shall be appraised in the same manner that the estates of deceased persons are now required by law to be appraised. And such inventory and appraisal shall be made and returned on or before the second meeting of the credi Appraisal, &c. Assignees accountable. tors. SECTION 2. Assignees shall account for all the estate and effects of the insolvent that vest in them by the assignment, at its appraisal, except as hereinafter provided. They shall make no profit by the increase, and sustain no loss by the decrease or destruction without their fault of any part of the estate; if they shall sell any of such estate for more than the appraised value, they shall account for the excess, and if they shall sell for less than the appraised value, they shall be allowed for the loss, if it appears to the court of insolvency that the sale was expedient and for the interest of all concerned in the estate; and, in either case, the assignees shall exhibit to the court a true account of sales, and they shall sell the estate at public auction unless the court before which the proceedings are pending, shall for sufficient cause upon petition therefor filed, otherwise order. Approved March 28, 1861. AN ACT FOR SUPPLYING THE CITY OF CHARLESTOWN WITH PURE Chap. 105 Be it enacted, &c., as follows: WATER. from Mystic Pond. SECTION 1. The city of Charlestown is hereby authorized Supply to take, hold and convey by steam or other power, to, into and through the said city, by suitable aqueducts or pipes, the waters of Mystic Pond, so called, in the towns of Medford, West Cambridge and Winchester, and the waters which may flow into and from the same, and may also take and hold, by purchase or otherwise, any land, real estate or waterrights necessary for erecting, laying and maintaining, and may erect, lay and maintain, such aqueducts, pipes, dams, gates, pumps, bridges, reservoirs, embankments, water-ways, drains or other structures as may be necessary or convenient to insure the purity of the waters of said pond, or the ponds and streams running into it, or to convey said waters into, and for the use of, the said city of Charlestown: provided, Proviso. however, that said city shall not divert or draw water from any part of said Mystic Pond lying southerly of the "narrows" or or "partings," so called, in said pond. And said Dam may be city of Charlestown shall have power to erect and maintain a dam between the upper and lower portions of said Mystic Pond at the said "narrows or "partings," so as to exclude the waters of the lower part from those of the upper, and raise the waters of the upper pond as high as they may judge necessary for the purposes of this act, not to exceed, however, the level of "Bacon's dam," so called. And said Restriction, &c. city of Charlestown shall not erect any dam across Mystic River, or obstruct, or exclude the free flow of the tide into erected. the lower Mystic Pond. Said city of Charlestown shall Charlestown to make and maintain a suitable fish-way in the dam hereby way. authorized to be constructed by them at the "partings," or 66 narrows," so called, and upon request in writing made to the mayor of said city by any member of the fish committees maintain fish |