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Discharge of enlisted men

teer militia.

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notify the enlisted man of such application; and should the enlisted man, within seven days after such notification by his company commander, apply to the commanding officer of his organization for a hearing upon the application for his discharge, he shall be given a hearing, so as to read as follows:- Section 82. No from the volun- enlisted man shall be discharged before the expiration of his term of service, except by order of the commander-inchief, and for the following reasons:- Upon acceptance of promotion by commission; upon removal of residence from the Commonwealth, or so far from the bounds of the command to which he belongs that he cannot, in the opinion of his commanding officer, properly perform his military duty; upon disability, established by certificate of a medical officer; upon conviction of a felony; when in the opinion of the commander-in-chief the interests of the service require his discharge; to carry out the sentence of a court martial; or upon application of his company commander, approved by superior commanders: provided, however, that whenever the commanding officer of a company shall apply to his superior commander for the discharge of an enlisted man under the last provision of this section, he shall at once notify the enlisted man of such application; and should the enlisted man, within seven days after such notification by his company commander, apply to the commanding officer of his organization for a hearing upon the application for his discharge, he shall be given a hearing. Approved March 12, 1902.

Proviso.

Chap.159 AN ACT TO PROVIDE THAT THE OFFICE OF WEIGHER OF COAL MAY

Office of weigher of coal

BE HELD BY WOMEN.

Be it enacted, etc., as follows:

SECTION 1. No person shall be deemed ineligible to may be held by hold the office of weigher of coal in any city or town by

women.

Chap. 160

R. L. 135, § 12, amended.

reason of sex.

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

Approved March 12, 1902.

AN ACT RELATIVE TO THE CUSTODY OF WILLS.

Be it enacted, etc., as follows:

SECTION 1. Section twelve of chapter one hundred and thirty-five of the Revised Laws is hereby amended

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Sec- Custody of

by striking out the words "proved before the judge of
probate", in the third line, and inserting in place thereof
the word:-verified, so as to read as follows:
tion 12. During the lifetime of the testator such will
shall be delivered only to him or in accordance with his
order in writing duly verified by the oath of a subscrib-
ing witness; and after his death it shall be delivered to
the person named in the endorsement, if such person
demands it.

SECTION 2. This act shall take effect upon its passage.
Approved March 12, 1902.

AN ACT TO INCLUDE THE TOWN OF NORTHBOROUGH WITHIN THE
JUDICIAL DISTRICT OF THE FIRST DISTRICT COURT OF EASTERN
WORCESTER.

Be it enacted, etc., as follows:

wills.

Chap.161

borough an

first district

SECTION 1. The town of Northborough is hereby an- Town of Northnexed to and made a part of the judicial district of the nexed to judifirst district court of eastern Worcester, but this act shall cial district of not affect any suit or other proceeding pending at the court of east. time of its passage. SECTION 2.

This act shall take effect upon its passage.
Approved March 12, 1902.

ern Worcester.

AN ACT TO AUTHORIZE THE BOSTON SOCIETY OF CIVIL ENGINEERS Chap.162

TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE.

Be it enacted, etc., as follows:

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amended.

tional real and

SECTION 1. Section two of chapter sixty-nine of the 1851, 69, § 2, acts of the year eighteen hundred and fifty-one is hereby amended by striking out the word "twenty", in the second line, and inserting in place thereof the words: two hundred, so as to read as follows: Section 2. May hold addiThe said corporation may hold real and personal estate, not exceeding in amount two hundred thousand dollars, and the funds or property thereof shall not be used for any other purposes than those declared in the first section of this act.

SECTION 2. This act shall take effect upon its passage.
Approved March 12, 1902.

personal estate,

etc.

Chap. 163 AN ACT TO AUTHORIZE THE TOWN OF LEXINGTON TO OBTAIN AN

Town of Lexington may take certain lands, waters, etc.

May erect structures, lay pipes, etc.

Certain provisions of law to apply.

Authority to vest in board of

sioners, etc.

ADDITIONAL WATER SUPPLY.

Be it enacted, etc., as follows:

SECTION 1. The town of Lexington, for the purpose of increasing and protecting its water supply by means of driven, artesian or other wells, and by the construction and maintenance of filter beds, reservoirs and other works or structures, may take from time to time by purchase or otherwise, and hold, any land in said town within the territory bounded northerly by Middle street, westerly by Waltham, Allen and Blossom streets, southerly by Concord avenue, and easterly by Massachusetts avenue and Pleasant street, together with any water or water rights therein or any water tributary to water therein, and also all lands, rights of way and easements necessary for procuring, holding, protecting and distributing said water, and for any other purpose connected with the maintenance of said water supply.

SECTION 2. Said town may erect on the lands taken or held under authority of this act such wells, galleries, dams, fixtures, reservoirs and other structures as it may deem proper, and may make such excavations and procure and operate such machinery and do such other things as may be necessary for providing and maintaining effective water works; and for that purpose may lay and maintain aqueducts, conduits, pipes and other works under and over any lands or ways within said territory, and under or along any ways in said town, in such manner as shall not unnecessarily obstruct the same. The provisions of sections three and six of chapter two hundred and sixtyseven of the acts of the year eighteen hundred and eightyone shall apply to said town and to all takings under this act, and to all structures or property that may be placed thereon.

SECTION 3. All the authority granted to said town by water commis- this act and not otherwise specially provided for shall be vested in the board of water commissioners of said town, who shall be subject however to such instructions as the town may impose by its vote.

Lexington
Water Loan,
Act of 1902.

SECTION 4. The town of Lexington, for the purposes mentioned in this act, may borrow money from time to time and issue therefor negotiable bonds, notes or scrip

to an amount not exceeding the sum of twenty-five thou-
sand dollars. Such bonds, notes or scrip shall be signed
by the treasurer of the town and countersigned by the
chairman of the board of water commissioners, and shall
be denominated on the face thereof, Lexington Water
Loan, Act of 1902. They shall be payable at the ex-
piration of periods not exceeding thirty years from the
dates of issue, and shall bear such rate of interest, not
exceeding four per cent per annum, as the town may
determine. The town may sell such securities at public
or private sale, or pledge the same for not less than the
par value thereof for money borrowed for the purposes
aforesaid, upon such terms and conditions as it may deem.
proper, and shall make payable annually a fixed propor-
tion of the principal of said bonds, notes or scrip; and
the town shall raise annually by taxation the amount
required to meet such interest and the proportion of the
principal which is payable annually.

SECTION 5. This act shall take effect upon its passage.
Approved March 12, 1902.

AN ACT TO AUTHORIZE THE BOARD OF COMMISSIONERS ON FISH-
ERIES AND GAME TO ISSUE PERMITS FOR TAKING SAND EELS IN
THE MERRIMAC AND IPSWICH RIVERS AND IN PLUM ISLAND SOUND.

Be it enacted, etc., as follows:

Chap. 164

amended.

Permits may be and eels in certain waters.

issued to take

SECTION 1. Chapter ninety-one of the Revised Laws R. L. 91
is hereby amended by striking out section seven and in-
serting in place thereof the following:-Section 7. The
board of commissioners on fisheries and game may issue
permits for the taking of sand eels in the tidal waters of
the Merrimac and Ipswich rivers and Plum Island sound,
and their tributaries. Said permits shall be issued with-
out any fee therefor, and shall be revocable at the discre-
tion of the commissioners.

SECTION 2. This act shall take effect upon its passage.
Approved March 12, 1902.

AN ACT RELATIVE TO THE PROTECTION AND SALE OF QUAIL IN Chap.165

THE COUNTY OF BRISTOL.

Be it enacted, etc., as follows:

amended.

SECTION 1. Section three of chapter ninety-two of R. L. 92, § 3, the Revised Laws is hereby amended by inserting after

Protection and sale of quail.

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the word "following", in the third line, the words:
or, in the county of Bristol, between the fifteenth day of
December and the first day of November following,
and by inserting after the word "May", in the ninth
line, the words: - except that, in the county of Bristol,
this period shall be from the fifteenth day of December
to the first day of May, so as to read as follows:
Section 3. Whoever takes, kills or has in possession, or
buys, sells or offers for sale a quail, between the first day
of December and the first day of October following, or,
in the county of Bristol, between the fifteenth day of
December and the first day of November following, when-
ever or wherever such bird may have been taken or killed,
shall be punished by a fine of twenty dollars for each bird;
but a person, firm or corporation dealing in game or en-
gaged in the cold storage business may buy, sell or have
in possession, and a person may buy from such person,
firm or corporation, and have in possession if so bought,
quail from the first day of December to the first day of
May, except that, in the county of Bristol, this period
shall be from the fifteenth day of December to the first
day of May, if such quail were not taken or killed in
this Commonwealth contrary to the provisions of this
chapter; and a person, firm or corporation dealing in
game or engaged in the cold storage business may have
quail in possession on cold storage at any season, if such
quail were not taken or killed in this Commonwealth
contrary to the provisions of this chapter.

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

Approved March 12, 1902.

Chap.166 AN ACT TO EXEMPT THE TOWN OF WINTHROP FROM CERTAIN COSTS

Town of Winthrop exempt from certain

Costs for main. tenance of the

metropolitan park system.

FOR THE MAINTENANCE OF THE METROPOLITAN PARK SYSTEM.

Be it enacted, etc., as follows:

SECTION 1. The town of Winthrop shall hereafter be exempt from all costs of maintaining and keeping in repair that part of the metropolitan park system which has been constructed within the limits of the town, excepting such assessments for the maintenance of the metropolitan park system as may be imposed by law upon the said town in common with all other cities and towns in the metropolitan park district.

SECTION 2. This act shall take effect upon its passage.
Approved March 12, 1902,

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