affairs, to meet at the time and place therein appointed, for SECTION 8. This act shall take effect upon its passage. OR PROPOSING TO Chap. 67. AN ACT CONCERNING CORPORATIONS OWNING or proposing to BUILD Amendment to HOUSES OF PUBLIC WORSHIP. Be it enacted, &c., as follows: SECTION 1. Section twenty-eight of chapter thirty of the General Statutes is hereby amended by striking therefrom the words, "as has been agreed and determined on at the meeting held for the purpose of organization," and substituting therefor the words "no more. SECTION 2. This act shall take effect upon its passage. Chap. 68. AN ACT CONCERNING AFFIDAVITS OF MERITS AND APPEARANCES IN Appearance in writing substituted for affida vit of merits. ACTIONS AT LAW. Be it enacted, &c., as follows: An appearance in writing, entered by the defendant, personally, or by attorney, is hereby substituted for the affidavit of merits now required in actions at law. Approved March 11, 1870. Chap. 69. AN ACT TO AUTHORIZE THE BOSTON, BARRE AND GARDNER RAILROAD May relocate first and second CORPORATION TO RE-LOCATE ITS ROAD. Be it enacted, &c., as follows : SECTION 1. The Boston, Barre and Gardner Railroad Corsections of road. poration is hereby authorized to re-locate the first and second sections of its road, so that the same may extend from some convenient point in the city of Worcester, northerly, through the northerly part of said Worcester; thence through Holden, and through or near the centre village thereof; and thence through Princeton and Hubbardston and the southerly part of Gardner to some convenient point on the road of the Ver mont and Massachusetts Railroad Company, in said Gardner ; but said road shall not be located within fifty feet of the stone freight depot of the Worcester and Nashua Railroad Company, at Lincoln square in said Worcester. SECTION 2. Said corporation may cross with its road the road of the Worcester and Nashua Railroad Company, at grade, at any point in the city of Worcester north of the clay cut at Northville, so called, and said crossing shall be made and maintained at the expense of said corporation, and in such manner as may be agreed upon by said corporation and said Worcester and Nashua Railroad Company, or if they shall fail to agree, as the board of railroad commissioners shall direct. May cross Wor cester and Nashua Rail road at grade. third section of SECTION 3. Said corporation is hereby authorized to re- May re-locate locate the third section of its road so that the same may ex- road. tend from some convenient point on the first or second section of its road, as the same now is or hereafter may be located, to some convenient point in the town of Barre. be filed with SECTION 4. Said corporation shall file with the commis- Re-location to sioners of Worcester county, any re-location of its road, or of county comeither section thereof, before the first day of July, in the year eighteen hundred and seventy-one. SECTION 5. This act shall take effect upon its passage. Approved March 11, 1870. missioners. AN ACT IN ADDITION TO CERTAIN ACTS CONCERNING THE AMHERST Chap. 70. BRANCH RAILROAD COMPANY. Be it enacted, &c., as follows: tional capital SECTION 1. The Amherst Branch Railroad Company is $100,000 addihereby authorized to increase its capital stock to an amount stock. not exceeding one hundred thousand dollars in addition to the amounts authorized by section two of chapter one hundred and forty-seven of the acts of the year eighteen hundred and sixty-four, and the same shall be divided into shares of Shares. one hundred dollars each. construction. SECTION 2. Said company, after the whole amount of its Location and capital stock shall have been fixed and subscribed, may locate, construct and maintain its railroad as authorized by section three of said act, or may locate, construct and maintain the same wholly within the towns of Amherst, Hadley and Northampton and between the termini mentioned in said section three: provided, that any part of the same which may Proviso. be located through Hadley Meadows, so called, shall be constructed under the direction of the board of railroad commissioners, and in strict compliance with such requirements as they shall deem essential to secure a free and uninterrupted flow of the waters of the Connecticut River at all seasons. Amherst, Hadley, Hatfield ton may take stock in road. SECTION 3. The towns of Amherst, Hadley, Hatfield and and Northamp- Northampton, are hereby severally authorized, when so voting at legal town meetings duly called for the purpose, to subscribe for and hold shares in the capital stock of said company to an amount not exceeding five per centum of the assessed valuation of each of said towns respectively: provided, that said subscription shall be voted by two-thirds of the legal votes cast; and provided, also, that such vote shall be taken by written ballot, and the check list shall be used. And said towns may pay for such shares, so voted to be taken, out of their respective treasuries, and are hereby authorized to raise by loan, upon bonds, or by tax or otherwise, any and all sums of money which may be necessary to pay for the same, and may hold and dispose of the same like other town property; and the votes of said towns, respectively, may be conditional upon the location upon which said company may elect to construct said railroad. Selectmen to represent ings of company. SECTION 4. The selectmen of the towns of Amherst, Hadtowns at meet- ley, Hatfield and Northampton, respectively, or any agent specially chosen for that purpose, shall have authority to represent said towns, respectively, at any and all meetings of said company; and said towns so represented are hereby authorized to vote on the whole amount of the stock held by said towns, respectively, anything in chapter sixty-three of the General Statutes to the contrary notwithstanding. May adopt name of Northampton and Amherst Rail SECTION 5 Said company may by vote, a certificate of . which shall be duly transmitted to the secretary of the Comroad Company. monwealth, adopt as its corporate name the Northampton and Amherst Railroad Company, and shall thereafter be known and called by said name, instead of its present name. SECTION 6. This act shall take effect upon its passage. Approved March 11, 1870. Chap. 71. AN ACT RELATING TO THE EXETER AND SALISBURY RAILWAY May lease road to any responsi railroad. Be it enacted, &c., as follows: COMPANY. SECTION 1. The Exeter and Salisbury Railway Company, ble connecting a corporation formed by the union of the Salisbury Railroad Company, and the Exeter Railway Company, of New Hampshire, is hereby authorized to lease its road and franchise, and other property, to any responsible railroad company, whose road may connect with the road of the said Exeter and Salisbury Railway Company. SECTION 2. This act shall take effect upon its passage. AN ACT IN ADDITION TO AN ACT FOR SUPPLYING THE TOWN of som- Be it enacted, &c., as follows: Chap. 72. May raise $100, 000 by taxation The town of Somerville is hereby authorized to raise by taxation, or by borrowing from time to time, an amount not or loan. exceeding in the aggregate the sum of one hundred thousand dollars, in addition to the amount authorized to be raised by chapter two hundred and two of the acts of the year one thousand eight hundred and sixty-eight, to be used for the purposes therein specified. Approved March 11, 1870. AN ACT CONCERNING THE WARE RIVER RAILROAD COMPANY. Be it enacted, &c., as follows: Chap. 73. ond and fourth road when SECTION 1. The Ware River Railroad Company is hereby May build secauthorized to proceed to build the second and fourth sections sections of of its railroad, as the same are defined by section six of $150,000 is subchapter seventy-six of the acts of the year eighteen hundred scribed. and sixty-seven, when the sum of one hundred and fifty thousand dollars shall have been subscribed for the building filed with the Common of either of said sections specifically; but before either of Certificate to be said sections shall be commenced, a certificate shall be filed secretary of in the office of the secretary of the Commonwealth, sub- wealth. scribed and sworn to by the president and a majority of the directors of said company, stating that the sum herein named has been subscribed for the section they propose to build, by responsible parties, and that twenty per centum of the par value of each and every share embraced in said sum has been actually paid into the treasury of said company. Monadnock SECTION 2. Said company may enter with its road upon May unite with and unite with the road of the Monadnock Railroad Com- Railroad. pany, at or near the depot of said Monadnock Railroad Company, in Winchendon, and may use the same, subject to the provisions of the general laws. Braintree, pleton and may take stock SECTION 3. The towns of Hardwick, New Braintree, Barre, Hardwick, New Hubbardston, Templeton and Winchendon are hereby sever- Barre, Hubally authorized to subscribe for and hold shares in the capital bardston, Temstock of the Ware River Railroad Company to an amount Winchendon not exceeding five per centum of the assessed valuation of in road. said towns respectively: provided, that two-thirds of the Proviso. legal voters of said towns, respectively, present and voting by ballot, and using the check list, at a legal town meeting duly called for the purpose, shall vote to subscribe for such shares; and said towns may pay for such shares, so voted to be taken, out of their respective treasuries, and are hereby authorized to raise, by loan upon bonds, or tax or otherwise, any and all sums of money which may be necessary to pay Selectmen or their agents towns at com for the same, and may hold and dispose of the same like other town property. SECTION 4. The selectmen of said towns, or any agent may represent specially chosen for the purpose, shall have authority to reppany meetings. resent said towns respectively, at any and all meetings of the Ware River Railroad Company; and said towns so represented are hereby authorized to vote on the whole amount of the stock held by said towns respectively, anything in chapter sixty-three of the General Statutes to the contrary notwithstanding. Subscriptions to stock not to exceed five per cent. of valua tion of towns. Chap. 74. Corporators. Name. SECTION 5. The total amount of all subscriptions of either of said towns which have been, or may be made to the stock of any railroad company or companies, under authority of this or any previous act, shall not exceed five per centum of the assessed valuation of said town. SECTION 6. This act shall take effect upon its passage. AN ACT TO INCORPORATE THE SOMERVILLE SAVINGS BANK, Be it enacted, &c., as follows: SECTION 1 Columbus Tyler, Robert A. Vinal, Charles S. Lincoln, William A. Richardson and Edwin B. Buckingham, their associates and successors, are hereby made a corporation by the name of the Somerville Savings Bank, to be esPowers and du- tablished in the town of Somerville; with all the powers and privileges, and subject to all the duties, liabilities and restrictions set forth in all general laws which now are or may hereafter be in force applicable to savings banks and institutions. for saving. ties. SECTION 2. This act shall take effect upon its passage. Chap. 75. AN ACT TO AMEND CHAPTER FORTY-THREE OF THE GENERAL stat UTES, IN RELATION TO LAYING OUT HIGHWAYS AND TOWN WAYS. Be it enacted, &c., as follows: Party agSECTION 1. A party aggrieved by the doings of the comgrieved by estimation of dam- missioners in the estimation of his damages, occasioned either ages caused by laying out, &c., by the laying out, locating anew, altering or discontinuing a highways, may highway, or by any specific repairs ordered by the commisless it is agreed sioners, or in the sum awarded him as indemnity therefor, tion settled by may have a jury to determine the matter of his complaint un to have ques a committee. upon written application to the commissioners; unless he agrees with the parties adversely interested to have the same determined by a committee, to be appointed under the direction of the commissioners. SECTION 2. Sections nineteen, twenty and twenty-one of the forty-third chapter of the General Statutes, and so much |