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strictions.

Privileges and re- Company; with all the powers and privileges, and subject to all the restrictions, duties and liabilities set forth in the general laws which now are or hereafter may be in force relating to railroad corporations.

Location of road defined.

Corporation may unite with other company.

Capital and shares.

Estate.

May sell or lease franchise and property.

Conditions of validity of act.

SECTION 2. Said corporation may locate, construct, maintain and operate a railroad, commencing at some point near the dwelling-house of the late Bradish Billings, on Bowdoin Street, in the town of Dorchester; thence running through the land belonging to the estate of said Billings and to others, to some point on the Boston, Hartford and Erie Railroad, near the crossing by said road of Columbia Street in said town of Dorchester.

SECTION 3. Said corporation may enter with its road upon, unite the same with, and use the road of the Boston, Hartford and Erie Railroad Company, subject to the provisions of the general laws relating to railroads.

SECTION 4. The capital stock of said corporation shall not exceed one hundred thousand dollars, which shall be divided into shares of one hundred dollars each. Said corporation may hold such real estate and personal property as may be necessary or convenient for the purposes for which it is incorporated.

SECTION 5. Said corporation is hereby authorized to sell and transfer its franchise, property and all its rights under this act to the Boston, Hartford and Erie Railroad Company, or to lease its road and other property to said company, on such terms as may be mutually agreed upon by the directors of the respective corporations, and ratified and accepted by three-fourths of the stockholders of each corporation, present and voting at legal meetings called for that purpose.

SECTION 6. This act shall be void unless said railroad is located within two years, and completed within five years. SECTION 7.' This act shall take effect upon its passage. Approved April 10, 1867.

Chap. 134 AN ACT TO INCORPORATE THE FARMINGTON RIVER WATER-POWER

Corporators.

Be it enacted, &c., as follows:

COMPANY.

SECTION 1. Albert Hull, William J. Canfield, Elam P. Norton, their associates and successors, are hereby made a corporation by the name of the Farmington River WaterPurpose and lo- Power Company, for the purpose of building, erecting and maintaining reservoirs of water on the Farmington River and its tributaries in the town of Otis, for manufacturing Privileges and re- and mechanical purposes; with all the powers and privileges, and subject to all duties, liabilities and restrictions set forth

cation.

strictions.

in all general laws which now are or hereafter may be in force applicable to such corporations.

SECTION 2. Said corporation may hold for the purposes May hold estate. aforesaid, real estate not exceeding in value seventy-five thousand dollars.

shares.

curring liability.

SECTION 3. The capital stock of said corporation shall be Capital and one hundred thousand dollars, to be divided into shares of one hundred dollars each: provided, however, that the com- Condition of inpany shall not commence business, or incur any liability until twenty thousand dollars has been paid in, in cash. SECTION 4. This act shall take effect upon its passage. Approved April 10, 1867.

AN ACT TO INCORPORATE THE UNION GAS LIGHT COMPANY. Be it enacted, &c., as follows:

Chap. 135

SECTION 1. Joseph W. Capron, Willard Blackington, Corporators. Capron Peck, their associates and successors, are hereby made a corporation by the name of the Union Gas Light Company, for the purpose of manufacturing and selling gas

strictions.

in the town of Attleborough; with all the powers and privi- Location. leges, and subject to all the duties, restrictions and liabilities Privileges and reset forth in all general laws which now are or may hereafter be in force relating to such corporations.

SECTION 2. Said corporation may, for the purpose afore- Real estate. said, hold real estate not exceeding in value twenty thousand dollars; and the whole capital stock shall not exceed twenty- Capital and five thousand dollars divided into shares of one hundred shares. dollars each: provided, however, that said corporation shall Condition of innot incur any liability until property of the actual cash value curring liability. of five thousand dollars shall have been conveyed to and vested in the same.

pipes.

SECTION 3. Said corporation with the consent of the Company may selectmen of the town of Attleborough, shall have power and lay and repair authority to open the ground in any of the streets, lanes and highways in the second parish in said town, for the purpose of sinking or repairing such pipes or conductors as may be necessary for the purpose aforesaid; and said corporation after opening the ground in such streets, lanes or highways, shall be held to put the same again into repair, under the penalty of being prosecuted for a nuisance: provided, that the Proviso. selectmen for the time being, shall at all times have the power to regulate, restrict and control the acts and doings of the said corporation, which may in any manner affect the health, safety or convenience of the inhabitants of said town.

SECTION 4. This act shall take effect upon its passage.
Approved April 10, 1867.

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Chap. 136 AN ACT CONCERNING STATE AID FOR DISABLED SOLDIERS AND SAIL

Person entitled to aid under ch.

172, § 1, 1866, to have receipt of

U. S. pension.

ORS AND THEIR FAMILIES, AND FOR THE FAMILIES OF THE SLAIN. Be it enacted, &c., as follows:

SECTION 1. No person shall be entitled to receive state aid under the provisions of section one of chapter one hundred and seventy-two of the acts of the year eighteen hundred and sixty-six, except upon satisfactory proof that the person so applying for aid is in the receipt of a pension from the United States; and the full amount of said aid shall only be paid to persons in the receipt of a pension equal to the full pension which is allowed to a person of the same rank or grade, and to every other person so applying for aid, a proportionate part of said aid shall be paid, to be determined by the proportion which the pension received by him bears to the full pension which is allowed to a person of the same Provisos: pen- rank or grade: provided, however, that any person obtaining

sion obtained hereafter to en

title.

pension from the United States after this act shall take effect, shall upon application, be entitled to receive the same amount of aid that he would have been entitled to receive had said pension been obtained prior to the time when this City or town may act shall take effect; and provided, further, that town and

withhold aid.

Being dependent not to entitle to

city authorities shall withhold the aid when, in their judgment, any person who is in receipt of a pension from the United States, is not sufficiently disabled to prevent him from pursuing his ordinary and usual vocation.

SECTION 2. No person shall be entitled to receive aid aid, unless, &c. under the provisions of section two of said chapter one hundred and seventy-two by reason of being dependent upon any person named or described in said section unless the person upon whom he was dependent was killed or has died by reason of wounds or disease incurred in the service described in said section or is or at the time of his death was in the receipt of a pension from the United States, equal in amount to one-half of the full pension which is allowed to a Provisos: if per person of the same rank or grade: provided, however, that if son obtain U. S. the person upon whom the applicant was dependent shall, obtain a pension from the United States after this act shall take effect, said applicant shall be entitled to receive the same amount that he would have been entitled to receive, had said pension been obtained prior to the time when this act shall take effect; and provided, further, that when any person who has heretofore received state aid is precluded therefrom by the provisions of this act, and the authorities require: town to of the cities or towns are satisfied that justice and necessity require a continuance of the aid to prevent actual suffering, they are hereby authorized in such cases to continue the

pension, applicant entitled.

Person being aided but precluded by this act, may be relieved if needs

be reimbursed.

payment thereof; and upon reporting the facts in each specific case and showing by evidence satisfactory to the commissioners, the necessity of such payments, the sums so paid shall be re-imbursed to such cities and towns out of the treasury of the Commonwealth.

underch. 172, § 6,

SECTION 3. The reports to the auditor required to be Report to auditor made by section six of said chapter one hundred and seventy- to be quarterly. two, shall hereafter be made quarterly, on or before the tenth days of January, April, July and October of each year: provided, that the return for July of the present year shall Proviso. include the disbursements of the preceding six months.

under act of 1866

overpay appears

quiry.

SECTION 4. It shall be the duty of the commissioners con- Commissioners stituted by section five of said chapter one hundred and sev- to inspect reenty-two, to inspect all such returns, and whenever it shall turns, and if appear by the inspection thereof, or otherwise, that the shall cause inamount paid by the treasurer of any city or town under the provisions of said chapter one hundred and seventy-two, or of this act, for any quarter or greater period of time, is at a rate which if continued for one year would exceed the proportion of fifty per cent. of the state tax of such city or town for the previous year, or if for any reason the amount so paid shall appear to be unreasonably large, it shall be the duty of said commissioners to make or cause to be made an examination of the persons or claims of persons to whom the same has been paid and of the parties by whom said returns are made; and in all cases of any fraud, or neglect of duty May reduce on the part of the persons making such returns, or of the fraud or neglect, authorities of any city or town granting aid, said commis- and certify to sioners shall deduct from the amount claimed by any city or who shall pay. town, the amount paid to any person or persons when in their judgment the same should not have been paid under the provisions of said chapter one hundred and seventy-two, and of this act, and shall certify the same to the treasurer and receiver-general who shall re-imburse to said city or town only the balance thus designated.

claim in case of

state treasurer,

aminers, who

SECTION 5. Said commissioners may appoint, as occasion May appoint exmay require, one or more disinterested persons, not exceed shall report ing three in number, whose duty it shall be to make the doings. examinations provided for in section four of this act, and make full returns of their doings to said commissioners. Such expenses as may be incurred in making said examina- Expenses, how tion, including such reasonable compensation to the persons appointed under the provisions of this section for their services as shall be approved by the commissioners and allowed by the governor and council, shall be paid out of the treas

paid.

City and town

may pay sum due

to family of.

Examiners to be ury of the Commonwealth. No person shall be appointed to of other county. make such examinations in the county where he may reside. SECTION 6. The treasurers of cities and towns may, under soldier or sailor, the direction of the city council or selectmen thereof, pay the sums due for aid to any officer, soldier or sailor, or so much thereof as they may think best to the wife or family of such officer, soldier or sailor or for the benefit of such wife or family; and the amounts so paid shall be re-imbursed in the same manner as if paid to such officer, soldier or sailor in person.

Aid under § 2,

ch. 172 of 1866;

SECTION 7. No appeal shall lie to the commission no appeal to lie. appointed by section five of said chapter one hundred and seventy-two, with regard to the aid provided for in section two of said chapter.

Sections 2, 10, of

ed.

SECTION 8. Sections two and ten of said chapter one hunsaid ch. amend- dred and seventy-two, are hereby amended by striking out the word "father" wherever it occurs in said sections, and inserting before the word "mother" wherever it occurs in said sections the word "widowed.”

Section 12 of said

Widows and orphans having aid under ch. 282, and "100 days" men, to receive under this act.

SECTION 9. Section twelve of said chapter one hundred 1866, repealed.' and seventy-two, and chapter two hundred and eighty-two of the acts of the year eighteen hundred and sixty-six, are hereby repealed. The widows and orphan children who are now receiving aid under the provisions of said chapter two and "3 months" hundred and eighty-two shall continue to receive the same aid under this act, under the same conditions and restrictions as now exist. All persons who served in the regiments commonly known as "one hundred day regiments," and "three months regiments," and who come within the provisions of this act, shall receive the aid herein provided.

Chap. 137

Defendant may have value of property appraised.

SECTION 10. This act shall take effect on the first day of
May next.
Approved April 11, 1867.

AN ACT RELATING TO DISSOLVING ATTACHMENTS IN CIVIL SUITS. Be it enacted, &c., as follows:

SECTION 1. In any action when an attachment of real or personal property, or both, is made on mesne process, the defendant therein instead of dissolving such attachment in the manner now provided by law, may at any time apply in writing to the officer who has made such attachment to have the value of the whole or any part of such property appraised by appraisers, who shall thereupon be appointed and qualified in the same manner as is provided by law with regard to the appointment and qualification of appraisers of perishable property attached, and shall examine the attached property, or the specific part thereof to be appraised, and appraise the

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