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Penalty for

taking, etc.,

waters of the commonwealth a pickerel less than twelve inches short pickerel. in length or has in possession any such pickerel shall be punished by a fine of one dollar for each pickerel so taken or held in possession; and in prosecutions under this section the possession of pickerel less than twelve inches in length shall be prima facie evidence of such unlawful taking.

G. L. 130, 61, etc., amended.

taking, sale, etc., of white perch.

SECTION 3. Said chapter one hundred and thirty, as amended in section sixty-one by chapter one hundred and forty-eight of the acts of nineteen hundred and twenty-two, is hereby further amended by striking out said section and inserting in place Restrictions on thereof the following: Section 61. No person shall take from any inland waters stocked by the director or his predecessors with white perch since nineteen hundred and ten any white perch between March first and June first in any year or have in possession a white perch so taken between said dates, or buy, sell or offer for sale any white perch taken from the inland waters, so stocked, nor shall he take from the inland waters, so stocked, any white perch less than seven inches in length or have the same in possession, nor shall he take therefrom a total of more than twenty white perch in any one day; provided, that when two or more persons are fishing from the same boat or raft they shall Not applicable not take more than thirty white perch in the aggregate. This section shall not apply to waters now or hereafter held under lease by the commonwealth or by the commissioner of conservation. Violation of any provision of this section shall be punished by a fine of not more than twenty-five dollars and five dollars additional for every fish so unlawfully taken, bought, sold, offered for sale or had in possession.

Proviso.

to certain

waters.

Penalty.

G. L. 130, § 78A, etc., amended.

Restrictions on

taking, sale,

etc., of certain

fresh water fish.

Penalty.

SECTION 4. Said chapter one hundred and thirty is hereby further amended by striking out section seventy-eight A, inserted by chapter one hundred and eighty-eight of the acts of nineteen hundred and twenty-one, and inserting in place thereof the following: - Section 78A. No person shall take or have in possession more than six black bass, fifteen pickerel, forty horned pout, forty yellow perch or five wall eyed pike, sometimes called pike perch, taken from the waters of the commonwealth in any one day. Nor shall he take from said waters or have in possession horned pout between March first and June fifteenth in any year or yellow perch between March first and April first in any year, nor shall he at any time buy, sell, offer or expose for sale or have in possession for the purpose of sale a horned pout or yellow perch taken from the waters of the commonwealth. Whoever violates this section shall be punished by a fine of not more than ten dollars for every fish so unlawfully taken, bought, sold, offered for sale or had in possession. Approved April 13, 1923.

Chap.269 AN ACT RELATIVE TO THE TAKING AND POSSESSION OF TROUT

G. L. 130, 49, amended.

AND TO THE BUYING AND SELLING THEREOF.

Be it enacted, etc., as follows:

Chapter one hundred and thirty of the General Laws is hereby amended by striking out section forty-nine and inserting in place

possession of

thereof the following:- Section 49. Except as provided in sec- Provisions as to
tion fifty-two, no person shall at any time buy, sell or offer for taking and
sale a trout or take or have in possession trout between August trout and to
buying and
first in any year and April fifteenth of the year following; or selling thereof.
have in possession at any time a brook trout less than six inches
in length or a rainbow or brown trout less than eight inches in
length, unless taken by a person lawfully fishing and immediately
returned alive to the water whence it was taken.

Approved April 13, 1923.

AN ACT AUTHORIZING THE METROPOLITAN DISTRICT COMMIS-
SION TO CONSTRUCT SUITABLE SHELTERS FOR THE PUBLIC
AT THE LYNN SHORE RESERVATION.

Be it enacted, etc., as follows:

Chap.270

district com-
mission may

construct
public at Lynn

shelters for

SECTION 1. The metropolitan district commission may con- Metropolitan struct a shelter or shelters upon the Lynn shore reservation, socalled, either in the town of Nahant or the city of Lynn, and, for that purpose, may expend a sum not exceeding ten thousand dollars out of the Metropolitan Parks Expense Fund. SECTION 2. This act shall take effect upon its passage. Approved April 14, 1923.

shore reserva-
tion.

AN ACT RELATIVE TO THE LOCAL TAXATION OF LAND HELD FOR
COUNTY TUBERCULOSIS HOSPITALS.

Chap.271

Whereas, The deferred operation of this act would render it Emergency inoperative for the current year, contrary to its intent, therefore preamble. it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted, etc., as follows:

certain state

lands every

SECTION 1. Chapter fifty-eight of the General Laws, as G. L. 58, § 13, amended in section thirteen by section fifteen of chapter four etc., amended. hundred and eighty-six of the acts of nineteen hundred and twenty-one, is hereby further amended by striking out said section thirteen and inserting in place thereof the following:Section 13. In nineteen hundred and twenty-five and in every Determination fifth year thereafter the commissioner shall between April first of value of and June first determine as of April first the fair cash value of and county all land in every town owned by the commonwealth and used five years. for the purposes of a public institution, a fish hatchery or game preserve, a state military camp ground or a state forest; and he shall between April first and June first in the year nineteen hundred and twenty-three, and in the year nineteen hundred and twenty-five and in every fifth year thereafter, determine as of April first the fair cash value of all land in every town held by county commissioners for hospital purposes under sections seventy-eight to ninety, inclusive, of chapter one hundred and eleven. This determination shall be in such detail as to lots, subdivisions or acreage as the commissioner may deem necessary,

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G. L. 58, § 14, amended.

Notice of determination

of value to assessors.

correction to

and to assist him in making it he may require oral or written information from any officer or agent of the commonwealth or of any county or town therein and from any other inhabitant thereof, and may require such information to be on oath. Such officers, agents and persons, so far as able, shall furnish the commissioner with the required information in such form as he may indicate, within fifteen days after being so requested by him.

SECTION 2. Said chapter fifty-eight is hereby further amended by striking out section fourteen and inserting in place thereof the following: - Section 14. The commissioner, not later than June tenth of each year in which he makes such determination, shall notify the assessors of each town where the commonwealth owns, or the county commissioners hold, land for the purposes named in the preceding section, of his determiApplication for nation of the value of such land in such town. A board of assessors aggrieved by said determination may, within ten days after the date of the notice, apply for a correction thereof to the board of appeal from decisions of the commissioner of corporations and taxation. Said board shall give a hearing to such assessors not later than July fifteenth following, and shall seasonably notify them and the commissioner of the time and place of the hearing. After the hearing said board of appeal shall notify said board of assessors and the commissioner of its finding as to the value of the land in question, and its decision shall be conclusive.

board of appeal, etc.

G. L. 58, § 15, etc., amended.

Effect of valuation determined,

etc.

Valuation of newly acquired land.

Proviso.

SECTION 3. Said chapter fifty-eight, as amended in section fifteen by section one of chapter two hundred and eighty-two of the acts of nineteen hundred and twenty-one, is hereby further amended by striking out said section fifteen and inserting in place thereof the following:- Section 15. The valuation determined under the two preceding sections shall be in effect for the purposes of sections seventeen and seventeen A during the year in which such valuation is made and the four succeeding years, and until another valuation is made under sections thirteen and fourteen, except that the valuation of lands held by county commissioners for hospital purposes as set forth in section thirteen, made in nineteen hundred and twenty-three, shall be in effect for the purposes of section seventeen A in said year and in the succeeding year; and except further that whenever land is acquired by the commonwealth or by county commissioners for the purposes set forth in section thirteen the commissioner shall adopt the assessed valuation of said land made in the year last preceding such acquisition, and such assessed valuation shall be the valuation of the land for the purposes of sections seventeen and seventeen A, until a new valuation is made by the commissioner or by the board of appeal under section thirteen or fourteen; provided, that as to land used for a state forest such assessed valuation shall be reduced by deducting therefrom the value of all forest products removed from such land between April first on which it was last assessed and April first in the year for which the reimbursement is to be made, the amount thereof to be certified annually before May first to the commissioner by the state forester.

section after

for county

hospitals.

SECTION 4. Said chapter fifty-eight is hereby further G. L. 58, new amended by inserting after section seventeen the following new § 17. section: Section 17A. The assessors of any town in which Local taxation county commissioners hold land for the purposes set forth in of land held section thirteen shall assess such land to the county in the annual tuberculosis valuation and tax list at the value determined by the commissioner or the board of appeal under section thirteen or fourteen, or adopted by the commissioner as provided in section fifteen, and at the tax rate of the town for that year. If notification as provided in said section fourteen is not received by the assessors in time to make the assessment in the manner above provided, the land shall be assessed at said value under the provisions of section seventy-five of chapter fifty-nine. The tax bill for land so assessed shall be sent to the county treasurer who shall pay the same from funds available for carrying out the provisions of section eighty-five of said chapter one hundred and eleven, and such payment shall be deemed a part of the cost of hospital maintenance for said year within the meaning of said section eighty-five.

effect.

SECTION 5. This act shall take effect as of March thirty-first, Time of taking nineteen hundred and twenty-three.

Approved April 14, 1923.

AN ACT AUTHORIZING THE TOWN OF ANDOVER TO INCUR IN- Chap.272

DEBTEDNESS FOR SCHOOLHOUSE PURPOSES.

Be it enacted, etc., as follows:

borrow money

purposes.

SECTION 1. For the purpose of building a school building in Town of the town of Andover and of purchasing furnishings and original Andover may equipment for said building, said town may borrow from time for schoolhouse to time such sums as may be necessary, not exceeding, in the aggregate, two hundred and thirty thousand dollars, and may issue bonds or notes therefor, which shall bear on their face the words, Andover School Loan, Act of 1923. Each authorized issue Andover School shall constitute a separate loan. Indebtedness incurred under Loan, Act of this act shall be in excess of the statutory limit, but shall, except as herein provided, be subject to chapter forty-four of the General Laws.

SECTION 2. This act shall take effect upon its passage.

Approved April 14, 1923.

1923.

AN ACT RELATIVE TO THE CONSTRUCTION OF A SEA WALL, PARK Chap.273

AND ROADWAY ALONG A PORTION OF WESTERN AVENUE IN

THE CITY OF GLOUCESTER.

Be it enacted, etc., as follows:

amended.

SECTION 1. Section one of chapter five hundred and two of 1922, 502, § 1, the acts of nineteen hundred and twenty-two is hereby amended by striking out, in the eighth line, the words "one hundred and seventy" and inserting in place thereof the words: two hundred and ten, so as to read as follows: Section 1. The Division of division of waterways and public lands of the department of public lands,

waterways and

Essex county

and city of

construct sea

wall, park, etc.

public works, the county of Essex, and the city of Gloucester, Gloucester may are hereby authorized to undertake jointly the construction of a sea wall in Gloucester harbor, and a park and roadway along that portion of Western avenue in the city of Gloucester from Blynman bridge easterly to a point near the Tavern, at an expenditure for the entire project not exceeding the sum of two hundred and ten thousand dollars.

1922, 502, § 3, amended.

City of

Gloucester may expend money for payment of land damages,

etc.

1922, 502, § 7, amended.

City of

Gloucester may

to meet payments of land damages, etc.

SECTION 2. Said chapter five hundred and two is hereby amended by striking out section three and inserting in place thereof the following:- Section 3. Upon the completion of the sea wall the city of Gloucester is hereby authorized to expend a sum not exceeding ninety thousand dollars for the payment of land damages and for filling the area between said sea wall and the present location of Western avenue, changing the grade and improving said area for highway and park purposes in accordance with lines and grades that may be established, in accordance with chapter eighty-two of the General Laws.

SECTION 3. Said chapter five hundred and two is hereby amended by striking out section seven and inserting in place thereof the following:- Section 7. For the purpose of paying borrow money land damages and the cost of filling authorized by sections one and three, and its share of the cost of the sea wall authorized by sections one and two and of the roadway authorized by sections one and four, the city of Gloucester may borrow from time to time outside the statutory debt limit, such sums as may be necessary therefor, not exceeding, in the aggregate, the sum of one hundred and fifty-five thousand dollars, and may issue bonds or notes therefor. Said bonds or notes shall be payable in not more than ten years from their respective dates, and shall, except as herein provided, be subject to the provisions of chapter forty-four of the General Laws. The proceeds of loans issued by the city shall be paid to the division of waterways and public lands of the department of public works for expenses authorized under section two, to the county treasurer to be applied to loans authorized under section five and shall be applied to meet expenditures authorized under section three.

SECTION 4. This act shall take effect upon its passage.
Approved April 14, 1923.

Chap.274 AN ACT AUTHORIZING THE CITY OF WORCESTER TO INCUR IN

City of Worcester may borrow money for water supply

purposes.

DEBTEDNESS FOR WATER SUPPLY PURPOSES.

Be it enacted, etc., as follows:

SECTION 1. In order to defray the cost and expenses incident to carrying out the purposes specified in chapter three hundred and fifty-one of the acts of nineteen hundred and two, including payments for lands, water and water rights taken or purchased, as a means of further increasing its water supply, the city of Worcester may borrow from time to time such sums as may be necessary, not exceeding, in the aggregate, seven hundred and fifty thousand dollars, in addition to amounts previously authorized to be issued, and may issue bonds or notes therefor,

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