said county, which damage the county commissioners have ordered to be paid, to recover the full amount thereof to the and penalties. use of said county. All fines and penalties provided in this Recovery of fines act may be recovered on complaint or indictment before any court of competent jurisdiction in the county where the offence is committed. hereunder, how Moneys received by the treasurer of any city, town or Moneys received county, under the provisions of this act, and not expended used. in accordance with its provisions may be applied to the payment of any city, town or county expenses. folk; moneys to town. in, how deter SECTION 13. In the county of Suffolk, all moneys received County of Suffor licenses or recovered as fines or penalties under the pro- be paid city or visions of this act, which if received or recovered in any other county, would be paid into the county treasury, shall be paid into the treasury of the city or town in which said licenses. are issued or said fines or penalties recovered. All claims Claims for damfor damage done by dogs in said county shall be determined age of dogs thereby appraisers as specified in section ten of this act, and, when mined and paid. approved by the board of aldermen or selectmen of the city or town where the damage was done, shall be paid in full on the first Wednesday of January of each year by the treasurer of said city or town, if the gross amount received by him and not previously paid out under the provisions of this act is sufficient therefor; otherwise such amount shall be divided pro rata among such claimants in full discharge thereof. After such claims have been approved by the board of Claims approved, aldermen or selectmen, the treasurer of said city or town town may bring may, and, when ordered by the board of aldermen or selectmen, shall, bring an action of tort to recover, against the owner or keeper of any dog concerned in doing the damage, the full amount thereof. treasurer of action to recover. dom of licensed gerous, after no SECTION 14. Any person owning or keeping a licensed Penalty for freedog, who may have received a notice, in accordance with dog when danaction sixty-one of chapter eighty-eight of the General tice. Statutes, that said dog is mischievous or dangerous, and who does not kill it or keep it thereafter from ever going at large, shall, on complaint or indictment, forfeit ten dollars, if it be proved that said dog be mischievous or dangerous. SECTION 15. All acts or parts of acts inconsistent with Repeal. this act are hereby repealed. SECTION 16. The warrants required to be issued by the Form of warrant seventh section of this act, may be in the following form, section. viz. : under seventh Chap. 131 Except organizations under chaps. 187 and 290, 1866, shares to be of $100, par value. [Seal.] COMMONWEALTH OF MASSACHUSETTS. constable of the town (or city) of SS. Το In the name of the Commonwealth of Massachusetts, you are hereby required to proceed forthwith to kill or cause to be killed all dogs within the said town not duly licensed and collared according to the provisions of the act of the year cighteen hundred and sixty-seven, entitled "An Act concerning Dogs, and for the protection of Sheep and other Domestic Animals," and you are further required to make and enter complaint against the owner or keeper of any such dog. Hereof fail not, and make due return of this warrant with your doings therein, stating the number of dogs killed and the names of the owners or keepers thereof, and whether all unlicensed dogs in said town (or city) have been killed, and the names of persons against whom complaints have been made under the provisions of said act, and whether complaints have been made and entered against all the persons who have failed to comply with the provisions of said act, on or before the first day of October next. Given under my hand and seal at aforesaid, the in the year eighteen hundred and (Mayor of) or Chairman of the day of SECTION 17. This act shall take effect upon its passage. Approved April 9, 1867. AN ACT RELATING TO SHARES IN CORPORATIONS. Be it enacted, &c., as follows: The shares of every corporation hereafter organized, except coöperative associations organized under chapter two hundred and ninety of the acts of the year eighteen hundred and sixty-six, and corporations organized under the one hundred and eighty-seventh chapter of the acts of the year eighteen hundred and sixty-six, having a capital stock divided into shares, shall be fixed at one hundred dollars each. Approved April 10, 1867. Chap. 132 AN ACT RELATING Voters of district to elect board of commissioners within year. TO SIDEWALKS, COMMON SEWERS AND MAIN DRAINS IN THE FIRE DISTRICT OF THE TOWN OF PITTSFIELD. Be it enacted, &c., as follows: SECTION 1. The legal voters of the fire district of the town of Pittsfield, shall, within one year from the passage of this act, at a meeting called for the purpose, elect by ballot a board of three commissioners, who shall be a board of commissioners of sidewalks, common sewers and main drains, all of whom shall be legal inhabitants and voters in said district; Tenure of office. and one of said commissioners shall be elected for three years, one for two years and one for one year from the time of the three next annual meetings of said fire district; and said district shall thereafter at the regular meetings of said district, elect by ballot one such commissioner, whose term of office shall be for three years. And said district shall Thereafter, one to be elected annually. have authority to fill any vacancy in said board at any meet- Vacancies, how ing of said fire district regularly called for that purpose. filled. struct and have SECTION 2. It shall be the duty of said board, under the Board to consupervision and direction of said district, to construct and charge of drains have charge of all main drains, common sewers and side- and sidewalks. walks in said fire district, and all matters pertaining thereto as hereinafter provided. grade, width and material of walks and order laying by abutters. SECTION 3. The said board shall have the authority to May determine determine the grade, width and material of all sidewalks on the public streets and highways of said district, and to order the construction of the same opposite to and adjoining all abutting lands by the owners thereof; and shall give notice Shall give notice. in such manner as said fire district shall determine, to the owners or occupants of the abutting lands to construct the same in conformity to the grade, width and of the materials ordered; and if the owner or occupant of the abutting lands Upon neglect of does not construct the sidewalk abutting his lands in con- construct, and formity to the order of said commissioners, within sixty days after he shall have been so notified of said order, the said commissioners shall construct the same, and shall assess the owners or occupants of the abutting lands the expense of the same. All assessments so made shall be a lien upon the Assessment to be abutting lands, to be enforced in the same manner as taxes alien upon lands. are upon real estate. abutters shall assess expense. and ice, how reg SECTION 4. Said commissioners shall have power to Removal of snow determine when, in what manner and to what extent, snow ulated. and ice shall be removed from the sidewalks in said district, and to fix by-laws and penalties regulating the same, subject to the approval of said fire district. only SECTION 5. No sidewalk, graded or constructed in said Commissioners fire district, in conformity to the provisions of this act, shall onto allow be dug up or obstructed in any part thereof, without the walk. consent of said commissioners; and whoever rides or drives Penalty for oba horse or team upon or along said sidewalk, or shall obstruct structing walk. the same, shall forfeit a sum not less than one, nor more than five dollars for each violation of the provisions of this section. matter, commis hibit. SECTION 6. Said commissioners shall have the authority Deposit of refuse to establish by-laws and penalties, subject to the approval of sioners may prosaid fire district, prohibiting the deposits of ashes, garbage, filth or other refuse matter on the streets and sidewalks within the limits of said district. and sewers us dis SECTION 7. Said commissioners shall lay, make and main- May lay drains tain in said fire district, all such main drains or common trict shall direct. sewers, as said fire district, at a legal meeting called for that purpose shall, by vote adjudge to be necessary for the pub May assess per expense. lic convenience or the public health, and may repair the same from time to time whenever necessary and all the main drains or common sewers shall be the property of said district. SECTION 8. Every person who enters his particular drain sons benefited for into such main drain or common sewer, or who in any way receives benefit thereby for draining his cellar or lands, or the owner or occupant of land abutting on said drain or common sewer, shall pay to said commissioners a proportional part of the expense of making and repairing the same, not exceeding two-thirds of the costs thereof, to be ascertained, Notice to party. assessed and certified by said commissioners; and notice thereof shall be given to the party to be charged, or to the occupant of the premises. Assessment to be a lien, and with costs may be estate. SECTION 9. Assessments so made shall constitute a lien on the real estate assessed, for one year after they are laid, levied by sale of and may, together with incidental costs and expenses, be levied by sale thereof, if the assessment is not paid within three months after a written demand for payment, made either upon the person assessed or upon any person occupying the estate, such sale to be conducted in like manner as sales for the non-payment of taxes. Party aggrieved by assessment Proviso: notice apply for shall be of intention to given. SECTION 10. Any person aggrieved by such assessment may have jury. may, at any time within three months from receiving notice thereof, apply for a jury. Such application shall be made in like manner, and the proceedings thereon shall be the same as in case of lands taken for laying out of highways: provided, that before making his application the party shall give one month's notice in writing to said commissioners, of his intention so to apply, and shall therein particularly specify his objections to the assessment made by them, to which specification, he shall be confined in the hearing by the jury. SECTION 11. Whenever land is taken by virtue of the provisions of section seven, the said commissioners shall proceed in the manner required by law in taking land for public highways or streets; and persons suffering damage in their property shall have the rights and remedies for the ascertainment and the recovery of the amount of such damage provided by law for the ascertainment and recovery of damages for lands taken for public highways and streets, which shall be paid by said fire district. Proceedings in the taking of land. Damages; rights and remedies of person for prop erty taken. Pay of commissioners. Penalties, how recovered and appropriated. SECTION 12. Said commissioners shall receive such compensation as shall be fixed by vote of said fire district at a meeting called for that purpose. SECTION 13. Penalties under the provisions of this act may be recovered by action of tort, in the name of said board of commissioners, and appropriated to pay the expenses of the said fire district, or on complaint or indictment, to the use of the Commonwealth; and no such action shall abate by reason of any vacancy in said board of commissioners, but his or their successors shall be admitted to prosecute the same. be magistrate or No inhabitant of the district shall be disqualified to Inhabitant may act as judge, magistrate, juror or officer in a suit brought for juror in suit. such penalty, by reason of his being such inhabitant. SECTION 14. Said district may, at meetings called for that purpose, raise money for the purpose of carrying out the provisions of this act; and said board of commissioners shall have the care and management of the money so raised, and shall expend the same for the purposes prescribed by vote of the district; and such board of commissioners shall be accountable to the said district for such money received by them, and said district may maintain a suit therefor, and for any money they may have by virtue of their office, in the name of the inhabitants of said district, in any court proper to try the same. District may raise sioners shall exend under vote account for same. money: commis of people, and raised, district town for collec SECTION 15. The clerk of the district shall certify to the Sums voted to be assessors of the town all sums voted to be raised by the dis- clerk shall certify trict, under the provisions of this act, which shall be assessed to assessors of and collected by the officers of the town in the same manner tion. as the town taxes are assessed, collected and paid over to the treasurer, who shall hold the same, subject to the order of said commissioners. visions of to ap SECTION 16. All the provisions of chapter twenty-four of G. s ch. 24; prothe General Statutes, applicable to fire districts and not in- ply to district. consistent with this act, shall continue to apply to the fire district of the town of Pittsfield, and be applied in carrying out the provisions of this act. authority of SECTION 17. Nothing herein contained shall be construed Act not to affect to interfere with the authority of surveyors of highways, or highway surany authority which can be legally exercised over highways veyors. or roads in the proper discharge of their duties. SECTION 18. This act shall take effect whenever the same shall be in force when approved shall have been approved and adopted by a majority of the by majority of legal voters of said fire district present and voting at a meet- voters in district. ing duly called for that purpose. Approved April 10, 1867. AN ACT TO INCORPORATE THE GRAND HOTEL BRANCH RAILROAD COMPANY, OF DORCHESTER. Be it enacted, &c., as follows: Chap. 133 SECTION 1. Ebenezer Eaton, Edmund P. Tileston, Shelton corporators. Barry, their associates and successors, are hereby made a corporation by the name of the Grand Hotel Branch Railroad |