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SECTION 6. All acts and parts of acts inconsistent Repeal.

herewith are hereby repealed.

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

Approved March 25, 1892.

AN ACT TO AUTHORIZE THE PILGRIM CONGREGATIONAL CHURCH Chap.108

OF DUXBURY TO CONVEY ITS PROPERTY.

Be it enacted, etc., as follows:

property.

The Pilgrim Congregational Church of Duxbury is May convey its hereby authorized to convey its meetinghouse, parsonage and fund, to the Pilgrim Church of said Duxbury, to be used in the support of religious worship in said town. Approved March 25, 1892.

AN ACT RELATIVE TO THE TAKING OF LAND FOR TAXES SO AS TO
DISPENSE WITH THE FILING OF CERTAIN PAPERS CONNECTED
WITH SUCH TAKING.

Be it enacted, etc., as follows:

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Chap.109

dence of demand

SECTION 1. Section fifty-three of chapter three hun- 1888, 390, § 53, dred and ninety of the acts of the year eighteen hundred amended. eighty-eight is hereby amended by striking out, in the fifth line thereof, the words "filed and", so as to read as follows: Section 53. The affidavit of the collector, Competent evideputy collector, or of a disinterested person, taken and notice. before a justice of the peace, of the service of the demand of payment, and of the notice, as provided in the preceding section, with copies thereof annexed, recorded in the registry of deeds of the county or district where the land lies, shall be competent evidence of such demand and notice.

cause of

SECTION 2. Section fifty-four of chapter three hun- 1888, 300, § 54, dred and ninety of the acts of the year eighteen hundred amended. and eighty-eight is hereby amended by striking out, in the eighth line thereof, the words "filed and", so as to read as follows: - Section 54. Said affidavits shall be Statement of the annexed to the instrument of taking, which shall be under taking, etc. the hand and seal of the collector, and shall contain a statement of the cause of taking, a substantially accurate description of each parcel of land taken, the name of the person to whom the same was assessed, and the amount of the tax thereon and of the incidental costs and expenses to the date of taking, and shall be recorded in the registry of deeds of the county or district where the land lies;

and the title to the lands so taken shall thereupon vest in the city or town, subject to the right of redemption given by section fifty-seven.

SECTION 3.

This act shall take effect upon its passage.
Approved March 25, 1892.

Chap.110 AN ACT AUTHORIZING STEAM RAILROADS TO USE ELECTRICITY AS

Operation of railroads by electricity.

A MOTIVE POWER.

Be it enacted, etc., as follows:

Railroad corporations which are subject to the provisions of chapter one hundred and twelve of the Public Statutes and amendments thereto, are hereby authorized to operate their railroads by electricity.

Approved March 25, 1892.

Chap.111 AN ACT TO AUTHORIZE THE TOWN OF HOLBROOK TO MAKE AN

May make an additional water loan.

Chap.112

May make an additional water loan.

ADDITIONAL WATER LOAN.

Be it enacted, etc., as follows:

SECTION 1. The town of Holbrook, for the purposes mentioned in section five of chapter two hundred and seventeen of the acts of the year eighteen hundred and eighty-five, may issue bonds, notes, or scrip from time to time, to be denominated on the face thereof, Holbrook Water Loan, to an amount not exceeding thirty-five thousand dollars in addition to the amount heretofore authorized by law to be issued by said town for the same purposes; said bonds, notes or scrip to be issued upon the same terms and conditions and with the same powers as are provided in said act for the issue of the Holbrook water loan by said town: provided, that the whole amount of such bonds, notes or scrip issued by said town, together with those heretofore issued by said town for the same purposes, shall not in any event exceed the amount of one hundred and thirty-five thousand dollars. SECTION 2. This act shall take effect upon its passage. Approved March 25, 1892.

AN ACT TO AUTHORIZE THE TOWN OF RANDOLPH TO MAKE AN
ADDITIONAL WATER LOAN.

Be it enacted, etc., as follows:

SECTION 1. The town of Randolph, for the purposes mentioned in section five of chapter two hundred and seventeen of the acts of the year eighteen hundred and

eighty-five, may issue bonds, notes or scrip from time to
time, to be denominated on the face thereof, Randolph
Water Loan, to an amount not exceeding twenty-five
thousand dollars in addition to the amounts heretofore
authorized by law to be issued by said town for the same
purposes; said bonds, notes or scrip to be issued upon
the same terms and conditions and with the same powers
as are provided in said act for the issue of the Randolph
water loan by said town: provided, that the whole amount
of such bonds, notes or scrip issued by said town, together
with those heretofore issued by said town for the same
purposes, shall not in any event exceed the amount of one
hundred and forty-five thousand dollars.

SECTION 2. This act shall take effect upon its passage.
Approved March 25, 1892.

AN ACT TO AUTHORIZE THE PLYMOUTH

AND MIDDLEBOROUGH Chap.113

RAILROAD COMPANY TO LEASE ITS ROAD AND ISSUE BONDS.

Be it enacted, etc., as follows:

franchise, etc.,

Colony Railroad

SECTION 1. The Plymouth and Middleborough Rail- May lease road Company by vote of its directors may make a lease to the Old of its road, property and franchise, to the Old Colony Company. Railroad Company, for a term not exceeding ninety-nine years, upon such terms as the directors may agree; and the Old Colony Railroad Company may accept the same lease by vote of its directors.

amended.

SECTION 2. Section seven of chapter one hundred and 1890, 108, § 7, eight of the acts of the year eighteen hundred and ninety is hereby amended by striking out the words "at any time the sum of fifteen thousand dollars per mile for each mile actually constructed and ready for operation", in the eighth, ninth and tenth lines of said section, and inserting in place thereof the words: two hundred and twenty-five thousand dollars, Section so as to read as follows: 7. Said railroad company may borrow money for any May borrow lawful purpose, and may by vote at a meeting duly called bonds, etc. for the purpose issue coupon or registered bonds for the payment of money borrowed, and may mortgage or pledge as security for the payment of said bonds a part or all of its railroad equipment or franchise, and a part or all of its property, real or personal. Such bonds may be issued to an amount not to exceed two hundred and twenty-five thousand dollars, and in all respects, other than the amount to be issued as herein specified, such bonds shall

money, issue

conform and be subject to, and said comp ny shall issue
the same in conformity with, all laws authorizing and
regulating the issue of bonds by railroad companies.

SECTION 3. This act shall take effect upon its passage.
Approved March 28, 1892.

Chap.114 AN ACT TO REGULATE THE RATES OF PILOTAGE FOR LANDING

Pilotage regulated; fees.

PLACES IN THE TOWN OF WINTHROP.

Be it enacted, etc., as follows:

The pilotage for landing places in the town of Winthrop shall not be compulsory; but when the services of a pilot are required and are offered, outside of a line drawn from Point Shirley on the east to the south point of Apple island on the south, thence in a direct line to Camp Hill point on the west, the rates of pilotage shall be as follows: for vessels drawing ten feet and under, fifty cents a foot, for vessels drawing over ten feet, sixty cents a foot.

Approved March 31, 1892.

Chap.115 AN ACT RELATING TO THE FILLING OF VACANCIES IN THE OFFICE

Filling of vacancy in office

missioner, by

appointment.

OF COUNTY COMMISSIONER.

Be it enacted, etc., as follows:

SECTION 1. Whenever a vacancy occurs in the office of county com- of county commissioner in any county, the two remaining county commissioners and the clerk of the courts for the county, or a majority of the three, may, if they shall deem it expedient and for the interest of the public, appoint some suitable person to fill such vacancy, who shall exercise all the powers and be subject to all the disabilities which pertain to such office under the statutes of this Commonwealth. And the person so appointed shall hold his said office until the first Wednesday in January succeeding his appointment.

Filling of vacancy by election.

SECTION 2. If a vacancy occurs in the office of county commissioner or special commissioner in any county, and the successor of the person whose death, removal or resignation has caused such vacancy, would not be required by law to be chosen at the annual election in November following the occurrence of such vacancy, the board of examiners shall duly order said vacancy to be filled by election at the time of said annual election, whether said vacancy shall have been temporarily filled by an appointment under the provisions of section one of this act or

otherwise; and they shall issue their warrant therefor to the mayor and aldermen of cities and selectmen of towns in such county, or in the county of Middlesex to the mayor and aldermen of cities and selectmen of towns therein, and of Revere and Winthrop, and the person chosen shall fill the office for the remainder of the term. SECTION 3. The term of office of county commissioners Term of office. and special commissioners shall commence on the first Wednesday in January succeeding their election, and they shall hold their offices for the term of three years and until other persons are chosen and qualified in their stead.

423, § 201.

SECTION 4. Section two hundred and one of chapter Repeal of 1890, four hundred and twenty-three of the acts of the year eighteen hundred and ninety and all other provisions of law inconsistent herewith are hereby repealed.

SECTION 5. This act shall take effect upon its passage.
Approved March 31, 1892.

AN ACT GIVING PROBATE COURTS CONCURRENT JURISDICTION WITH
THE SUPREME JUDICIAL COURT IN EQUITY IN RELATION TO TRUSTS.
Be it enacted, etc., as follows:

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so as to read

Chap.116

SECTION 1. Section twenty-seven of chapter one hun- P. 8. 141, § 27, dred forty-one of the Public Statutes is hereby amended amended. by inserting after the word" will", in the third line thereof, the words: or other written instrument, as follows: - The probate courts in the several counties Jurisdiction of may, concurrently with the supreme judicial court, hear courts relative and determine in equity all matters in relation to trusts created by will or other written instrument not particularly mentioned in this chapter, and shall have jurisdiction over all matters relating to the termination of trusts under wills, deeds, indentures, or other instruments.

SECTION 2. This act shall take effect upon its passage.
Approved March 31, 1892.

AN ACT EXTENDING THE TIME FOR ARRANGING AND INDEXING THE
FILES AND RECORDS IN THE OFFICE OF THE REGISTER OF PROBATE
FOR THE COUNTY OF HAMPSHIRE.

Be it enacted, etc., as follows:

to trusts.

Chap.117

SECTION 1. The time for arranging and indexing the Time extended files and records in the office of the register of probate for for indexing the county of Hampshire is hereby extended for a period

files and records.

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