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Vacancy, how

filled

Repeal.

Act to be accepted.

succeeding year, elect a member of said board, who shall hold office for the term of three years from his election.

SECTION 2. In case of a vacancy in said board of assessors, by death, resignation, removal or otherwise, such vacancy shall be filled by choice of another assessor in the manner aforesaid, who shall hold his office for the unexpired term for which the member in whose place he shall be elected would have held the same.

SECTION 3. So much of the provisions of the eighth section of "An Act to establish the city of Lawrence," as relates to the election of assessors, is hereby repealed.

SECTION 4. This act shall take effect from and after its acceptance by a majority of the citizens voting thereon, at ward meetings duly notified for the purpose.

Approved April 6, 1861.

Chap. 141 AN ACT TO ESTABLISH THE SALARY OF THE JUSTICE OF THE POLICE

Chap. 142

Plan confirmed.

Be it enacted, &c., as follows:

COURT, IN Lee.

The salary of the justice of the police court of Lee shall hereafter be five hundred dollars.

Approved April 6, 1861.

AN ACT IN RELATION TO STREETS ON THE BACK BAY.
Be it enacted, &c., as follows:

The various streets and ways on the Back Bay, in the city of Boston, and on the northerly side of the Mill-dam, as laid down on the general plan thereof, accompanying the fifth annual report of the commissioners on the Back Bay, and dated Boston, January twenty-first, eighteen hundred and fifty-seven, and deposited in Suffolk Registry of Deeds, August thirty-first, eighteen hundred and fifty-eight, with such modifications and alterations as have been made by the commissioners, shown on the plan recorded in Suffolk Registry of Deeds, liber seven hundred and eighty-eight, folio one hundred and fifty-nine, are hereby ratified and Commissioners, confirmed; and the said commissioners shall have the general control of all streets, ways, and squares on the land of the Commonwealth, and may offer them, or any portion of them, for acceptance by the city of Boston, on such terms and conditions as they may deem expedient, subject to the approval of the governor and council: provided, that nothing herein contained shall be construed to authorize the commissioners on the Back Bay to postpone or modify the oper ation of the fourth section of chapter one hundred and fifty-four of the acts of the year one thousand eight hundred and fifty-nine. Approved April 6, 1861.

powers of.

Proviso.

AN ACT RELATING TO THE MILITIA.

Be it enacted, &c., as follows:

Chap. 143

privates.

SECTION 1. The first section of the forty-ninth chapter of Limitation of the acts of eighteen hundred and sixty-one, is hereby so far amended that companies of infantry and riflemen shall be limited to fifty privates: provided, that when, in the judg- Proviso. ment of the commander-in-chief, the exigencies of actual service may require it, the limit thereof shall be sixty-four privates.

SECTION 2. This act shall take effect upon its passage.
Approved April 6, 1861.

AN ACT RATIFYING THE ELECTION OF TOWN OFFICERS IN THE YEAR

EIGHTEEN HUNDRED AND SIXTY-ONE.

Be it enacted, &c., as follows:

SECTION 1. The election of town officers in the several towns in this Commonwealth, made at the annual town meetings in the year eighteen hundred and sixty-one, so far as the same may be illegal, for the reason that the check list was not used, in the election of said officers, or the moderator of any such meeting, is hereby ratified and confirmed; and the same shall be taken and deemed good and valid in law, to all intents and purposes whatsoever. SECTION 2. This act shall take effect upon its passage. Approved April 6, 1861.

AN ACT DEFINING THE QUALIFICATIONS OF VOTERS FOR REPRESEN

TATIVES TO CONGRESS.

Be it enacted, &c., as follows:

Chap. 144

Chap. 145

trict.

Provisos.

SECTION 1. In any election of representatives to congress Residence in disin this Commonwealth, no person shall be allowed to vote for the same until he shall have resided in the congressional district where he offers to vote, six months next preceding such election, and shall be otherwise qualified according to the constitution and laws of this state: provided, that when the state shall be districted anew for members of congress, he shall have the right so to vote in the district where he is located by such new arrangement; and provided, also, that no voter residing in any city which now is, or hereafter may be divided by the line between congressional districts, shall be deprived of his vote in the district in which he was assessed, or liable to assessment on the first day of May next preceding such congressional election, if he be otherwise qualified.

SECTION 2. This act shall take effect upon its passage.
Approved April 6, 1861.

Chap. 146 AN ACT IN ADDITION TO AN ACT TO DEFINE THE COSTS OF CRIMINAL

Fees of salaried officers to be paid to city or town.

Chap. 147

Corporators.

Powers.

Location.

Motive-power.

Be it enacted, &c., as follows:

PROSECUTIONS.

SECTION 1. All fees for services in criminal cases rendered or performed by any constable, city marshal or other officer, who receives a salary for his official services from a city or town, shall be allowed and taxed as in behalf of other officers; but all said fees shall be paid to the city or town from which such officer receives his salary.

SECTION 2. This act shall take effect upon its passage.
Approved April 6, 1861.

AN ACT TO INCORPORATE THE DUXBURY RAILROAD COMPANY,
Be it enacted, &c., as follows:

SECTION 1. John S. Loring, Stephen N. Gifford and Joshua W. Swift, their associates and successors, are hereby made a corporation, by the name of the Duxbury Railroad Company, with power to construct, maintain and use a railway or railways, with convenient single or double tracks, from some point in the town of Kingston, at or near the depot of the Old Colony and Fall River Railroad Company, and upon and over such of the streets and highways of said town, as shall be, from time to time, fixed and determined by the selectmen of said town, with the assent in writing of said corporation, filed with said selectmen, to the intersection of the same with the streets and highways of the town of Duxbury, and then upon and over such of the streets and highways of the said town of Duxbury, as shall be, from time to time, fixed and determined by the selectmen of said town, with the assent in writing of said corporation, filed with the selectmen of said town, and also over and upon such other land in said towns, as said corporation may elect to build their road or roads upon, and over, to some convenient point or points in said town of Duxbury.

SECTION 2. Said tracks or roads shall be operated and Fare and freight. used by said corporation with horse-power only; said corporation shall have power to fix from time to time, such rates of compensation for transporting persons and property as Speed and use of they may think expedient; and the selectmen of said towns shall have power at all times to make all such regulations as to the rate of speed and mode of the use of the tracks as the public convenience and safety may require.

tracks.

Highways, repair of.

SECTION 3. Said corporation shall keep and maintain in repair such portion of the streets and highways, respectively, Liability for loss as shall be occupied by their tracks, and shall be liable for any loss or injury that any person may sustain by reason of

from neglect.

any carelessness, neglect or misconduct of any of its agents and servants, in the management, construction or use of said roads, tracks or highways; and in case any recovery shall be had against either of said towns, by reason of such defect or want of repair, said corporation shall be liable to pay to said towns, respectively, or either of them, any sums thus recovered against them, together with all costs and reasonable expenditures incurred by them, respectively, in defence of any such writ or writs, in which recovery may be had; and said corporation shall not incumber any portion of the streets or highway, not occupied by said road or tracks.

SECTION 4. Said corporation is hereby authorized to issue May issue bonds. bonds for the purpose of constructing or equipping their road, the amount thereof not to exceed the amount of capital

stock paid in, of the same kind, in the same manner, upon Conditions. the same terms, conditions and restrictions, and to be approved, certified, recorded and secured, in all respects in the same way as the bonds which the Cliftondale Railroad Company has been authorized by law to issue.

SECTION 5. If any person shall wilfully and maliciously Penalty for obobstruct said corporation, in the use of said road or tracks, struction of road. or the passing of the cars or carriages of said corporation thereon, such person and all who shall be aiding or abetting therein shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the common jail not exceeding

three months.

SECTION 6. If said corporation or its agents or servants obstuction by shall wilfully and maliciously obstruct any highways or corporation. passing of any carriages over the same, such corporation shall be punished by a fine not exceeding five hundred

dollars.

SECTION 7. The capital stock of said corporation shall capital. not exceed forty thousand dollars, to be divided into shares shares. of one hundred dollars each.

SECTION 8. Said corporation shall have power to purchase Real estate. and hold such real estate within said towns, as may be convenient or necessary for the purposes and management of said road.

SECTION 9. Nothing in this act shall be construed to Rights of towns prevent the selectmen of said towns from entering upon and unimpaired. taking up any of the public streets or highways, traversed

by said railroad, for any purpose for which they may now lawfully take up the same.

SECTION 10. This act shall be void, so far as relates to Acceptance of the right to construct said road in said towns, unless the tion of road.

act and construc

Annual returns.

Powers and duties.

same shall be accepted by the selectmen of said towns, and unless the same shall be accepted by said corporation, and unless said road shall be located within three years from the passage of this act.

SECTION 11. Said corporation shall be deemed a railroad corporation, so far as to be subject to make such annual returns to the legislature, as are or may be prescribed by law, and shall have all the rights and powers of railroad corporations under existing provisions of law, to purchase or otherwise take, any land necessary for making their railroad, outside of the streets and highways, and shall be subject to all existing provisions of law, applicable to railroad corporations, for the assessment and payment of damages for land so taken.

SECTION 12. This act shall take effect upon its passage.
Approved April 6, 1861.

Chap. 148 AN ACT TO INCORPORATE THE WORCESTER HORSE RAILROAD COM

Corporators.

Name.

Powers.

Location.

Crossing other tracks, restrictions upon.

Motive-power.

Be it enacted, &c., as follows:

PANY.

SECTION 1. Albert Curtis, Loring Coes, William H. Heywood, John C. Mason, Frederic W. Paine, Joseph Sargeant, and James H. Wall, their associates and successors, are hereby made a corporation by the name of the Worcester Horse Railroad Company, with power to construct, maintain and use a railway, with convenient single or double tracks, from such point or points on Main Street, in the city of Worcester, as shall be from time to time fixed by the mayor and aldermen of said city, with the assent, in writing, of said corporation, filed in the office of the city clerk of said city; then upon and over such street or streets, and such highway or highways, as shall be designated by a vote of the mayor and aldermen of said city.

SECTION 2. The corporation hereby created, in crossing all the branches and lateral tracks of any other railroad company, shall cross in such a manner as not to injure any of the said tracks or branches, and the rails thereof, and shall insert no frogs therein, and make no incisions into the rails thereof without the consent of said company, but shall cross the same as the Watertown branch of the Fitchburg Railroad Company is now crossed in Watertown, by the Waltham and Watertown Railroad Company, unless some other arrangement shall be made between said companies.

SECTION 3. Said tracks or roads shall be operated and Rate of speed and used by said corporation with horse-power only. The mayor and aldermen of the city of Worcester shall have power, at

use of tracks.

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