acceptance by

two-thirds of of Boston.

the legal voters

SECTION 17. This act shall not take full effect unless Subject to accepted by two-thirds of the legal voters of the city of Boston, present and voting thereon by ballot and using the check-list, at meetings which shall be held in the several wards of said city, on the Tuesday after the first Monday of November of the present year, and upon notice thereof duly given at least seven days before the time of said meetings, and the polls shall be opened at nine o'clock in the forenoon of said day and closed at six o'clock in the afternoon of said day. In case of the absence of any ward officer at any ward meeting in said city, held for the purpose aforesaid, a like officer may be chosen pro tempore by hand vote, and shall be duly qualified and shall have all the powers and be subject to all the duties of the regular officer at said meetings. Said ballots shall be "yes or "no" in answer to the question: "Shall an act passed by the legislature of the Commonwealth, in the year eighteen hundred and seventy, entitled 'An Act for the laying out of one or more parks in or near the city of Boston' be accepted?" Such meetings shall be called, notified and warned by the board of aldermen of said city in the same manner in which elections for municipal officers are called, notified and warned.

دو

counted in open

The ballots given in shall be assorted, counted and Ballots to be declared in the ward meetings in which they are given, in meeting. open ward meeting, and shall be registered in the ward records. The clerk of each ward shall make return of all ballots given in his ward and the number of ballots in favor of the acceptance of this act, and the number of ballots against its acceptance, to the board of aldermen; said returns to be made within forty-eight hours of the close of the polls.

to the secretary

It shall be the duty of the board of aldermen to certify as Return of vote soon as may be the number of ballots cast in said city of of the CommonBoston, and the number of ballots cast in favor of the wealth. acceptance of this act, and the number of ballots cast against said acceptance, to the secretary of the Commonwealth; and if it shall appear that two-thirds of the votes cast is in favor of the acceptance of this act, the said secretary shall immediately issue and publish his certificate declaring this act to have been duly accepted.

SECTION 18. So much of this act as authorizes and directs the submission of the question of acceptance of this act to the legal voters of said city of Boston, provided for in the seventeenth section of this act, shall take effect upon its passage. Approved May 27, 1870.

Question of aceffect forthwith.

ceptance to take

.

Chap. 284 AN ACT FOR THE PROTECTION OF THE FISHERIES IN THE VICINITY

taken by net

Be it enacted, &c., as follows:

OF NANTUCKET.

Fish not to be SECTION 1. It shall not be lawful for any person or perwithin one mile sons to take any fish with any kind of net, or to set any net out permission. for the purpose of taking any fish therewith, within one mile

of shore with

Penalty for each offence.

Fish wardens to be chosen.

Vessels, &c., unlawfully em

from the shores of Nantucket, Tuckernuck, Smith's, Muskegat and Gravel Islands, without first obtaining permission of the selectmen of Nantucket.

SECTION 2. Every person violating any provision of this act, shall forfeit and pay for each offence a sum not less than fifty nor more than five hundred dollars.

SECTION 3. The town of Nantucket is hereby authorized to choose, at the annual town meeting, or at any meeting duly warned for that purpose, such number of fish wardens as may at the time be deemed necessary, who shall be sworn to the faithful discharge of their duty, whose duty it shall be to prosecute for every offence against any provision of this

act.

SECTION 4. All vessels, boats, craft, and apparatus of ployed may be every kind employed in taking fish contrary to the provisions

attached, &c.

Proviso.

Fines, &c., to be divided be

of this act, or having on board any such fish unlawfully taken, shall be liable for any fines, penalties, forfeitures and costs herein provided for, and may be attached on mesne process, and sold on execution as the property of the person or persons offending by the use thereof. And it shall be the duty of said fish wardens to seize such vessel, boat, craft or apparatus, and detain the same not exceeding forty-eight hours, in order that the same may be attached or arrested by due process of law: provided, however, that as soon as the master or owner of such vessel, boat, craft or apparatus shall pay the penalty required by the fish wardens, to the treasurer of the town of Nantucket, together with the accrued costs, such vessel, boat, craft or apparatus shall be discharged with the effects therein; and the ninth clause of section thirty-two of chapter one hundred and thirty-three of the General Statutes is hereby so modified that it shall not apply to boats, fishing-tackle, and nets taken, under the provisions of this act.

SECTION 5. All fines, penalties and forfeitures recovered tween treasurer and received by virtue of this act, shall go, one-half to the

of Nantucket and fish wardens.

treasurer of the town of Nantucket, for the use of said town, the other half to the fish warden or fish wardens commencing the action; and said fines, penalties and forfeitures may be recovered, together with legal costs of suit, by an action of tort in any court of record proper to try the same.

SECTION 6. Chapter six of the acts of the year eighteen Repeal. hundred and fifty; chapter one hundred and fifty-six of the acts of the year eighteen hundred and fifty-five, and chapter ninety-five of the acts of the year eighteen hundred and fiftyeight are hereby repealed.

SECTION 7. This act shall take effect upon its passage.

Approved May 27, 1870.

AN ACT CONCERNING PROBATE BONDS.

Be it enacted, &c., as follows:

Chap. 285

with will ne bond like an

nexed to give

executor.

SECTION 1. Whoever is appointed administrator with the Administrator will annexed, shall, before entering on the execution of his trust, give bond to the judge of the probate court in like manner and with like condition as is required of an executor; but when such administrator with the will annexed is residuary legatee, the judge may permit him, instead of giving such bond, to give the bond prescribed in section three of chapter ninety-three of the General Statutes, with like effect as though he was nominated executor in the will.

SECTION 2. Section eight of chapter ninety-three of the Repeal.
General Statutes is hereby repealed.

SECTION 3. This act shall take effect upon its passage.
Approved May 27, 1870.

AN ACT PROVIDING FOR THE ESTABLISHMENT OF TRUE MERIDIAN
LINES, AND FOR REGULATING THE PRACTICE OF SURVEYING IN
THIS STATE.

Be it enacted, &c., as follows:

Chap. 286

SECTION 1. It shall be the duty of the county commission- True meridian ers of each county of this Commonwealth, within one year erected at confrom and after the passage of this act, to erect on land situ-venient places ated in the county, at such place or places in the several for use of surcounties as the public convenience may require, and under veyors, &c. the direction of a commissioner to be appointed by the governor and council, a true meridian line or lines, to be perpetuated by substantial stone posts or pillars, upon whose summits shall be firmly and immovably fixed brass or copper points to indicate the true range of such meridian; the said posts or pillars to be and to remain the property of the county wherein the same shall be located, under the custody and care of the county commissioners of said county, to be free to the access of any surveyor or civil engineer residing in said county, or engaged in surveying therein, for the purpose of testing the variation of the compass for the time being; and the expense attending the same shall be paid from the treasury of the several counties. The county commissioners in any county, may purchase on behalf of their

Pillars and posts, how to be erected.

Land surveyors

annually.

county, the right to erect and maintain the posts or pillars, provided for by this act, with rights of way thereto, and may take grants to their county, of such rights.

SECTION 2. Said pillars or posts shall be constructed and erected in the following manner. Each post shall be of granite or other equally durable stone, shall be at least eight feet in length, eighteen inches square at the base, and one foot square at the top; three posts of this description shall be erected in an exact line north and south, and distant from each other not less than two hundred feet; these stone pil*lars shall be set firmly in the ground, and protected from upheaval by the frost. The top of each post shall be tapered to a square or circle of eight inches diameter, on which shall be placed a brass or copper cap of circular form on which shall be plainly engraved a cross indicating the four cardinal points and marked by the letters N. S. E. W., or the words North, South, East, West, each letter or word on its relative arm or point; the said brass or copper cap to be firmly fastened to the pillar either by brass or copper bolts.

SECTION 3. It shall be the duty of every land surveyor in bassadustalom the state, at least once in every year, to adjust and verify his compass by the meridian line so established in the county wherein his surveys are to be made, and to insert in his field notes, the true as well as the magnetic bearings of the lines of his surveys, and the day on which the lines were run.

Record to be

SECTION 4. It shall be the duty of the commissioners of kepton theo the several counties aforesaid, to procure a book of records

riation of compass of each surveyor.

Penalty on sur

lect, &c.

to be kept by the clerk of the courts, or any person appointed by the county commissioners to keep said book of records, which shall be accessible to all persons wishing to refer thereto, and every surveyor, on having adjusted his compass as aforesaid, shall enter therein the variation of his compass from the true meridian, whether east or west, and shall subscribe his name and affidavit thereto.

SECTION 5. Any surveyor who shall neglect or refuse to erfor neg comply with the provisions of this act, shall for every such neglect or refusal be subject to a fine of ten dollars, to be recovered on complaint made before any court of competent jurisdiction, one half to be paid to the person making the complaint and the other half to the county within which such complaint shall be made.

Governor to appoint commissioner to superintend erection of posts, verify meridian lines,

&c.

SECTION 6. It shall be the duty of the governor and council to appoint some competent person as commissioner to superintend the erection of said posts or pillars, and to inspect and verify by astronomical observations, the meridian

to report to

lines so established, who shall make a report of his doings Commissioner thereon, with a full and accurate description of the monu- governor and ments, the latitude and longitude of the same; also the council. declination of the needle for the time being, upon each of the said meridian lines, and deposit a record thereof with the clerk of the courts in each of the counties aforesaid; and the said commissioner shall be paid for his services from the treasury of the Commonwealth, such compensation as by the governor and council may be deemed equitable and just.

fixtures.

SECTION 7. Any person or persons who shall wilfully dis- Penalty for inplace, alter, deface, destroy or otherwise injure any of the ring posts or posts or fixtures thereof, shall be punished upon complaint and conviction, before any court of competent jurisdiction, by fine not exceeding two hundred dollars, one half to be paid to the complainant, and the other half to the county wherein such offence may have been committed.

Approved May 27, 1870.

AN ACT MAKING APPROPRIATIONS FROM THE FUNDS AND THE
INCOME OF THE FUNDS HEREIN MENTIONED, AND FOR OTHER
PURPOSES.

Be it enacted, &c., as follows:

Chap. 287

authorized.

SECTION 1. The sums hereinafter mentioned are appro- Appropriations priated, to be paid out of the funds and the income of the funds, or out of the treasury of the Commonwealth, as specified, to wit:

fund, income.

The income of the Rogers book fund shall be expended in Rogers book accordance with the conditions named by the donor, in conformity with chapter two hundred and fifteen of the acts of the year eighteen hundred and fifty-seven.

school fund,

The income of the Todd normal school fund shall be paid Todd normal to the treasurer of the board of education, to be applied in income. such manner as shall be prescribed by said board, in accordance with chapter thirty-six of the General Statutes.

The income of the Indian school fund shall be applied Indian school according to the provisions of chapter thirty-six of the Gen- fund, income. eral Statutes.

college fund,

The income of the agricultural college fund shall be paid Agricultural in accordance with the provisions of chapter one hundred income. and eighty-six and chapter two hundred and twenty of the acts of the year eighteen hundred and sixty-three.

SECTION 2. The sums mentioned in this section are appro- Charles river priated, to be paid out of the Charles River and Warren bridge fund. Bridge fund, for the year eighteen hundred and seventy, to 2767, 66; 1869,