Chap. 163 AN ACT TO AUTHORIZE FIRE DISTRICT NUMBER ONE OF NORTH North Attleborough Fire Loan. ATTLEBOROUGH TO MAKE AN ADDITIONAL WATER LOAN. Be it enacted, etc., as follows: SECTION 1. Fire District Number One of North AttleDistrict Water borough, for the purpose mentioned in section eleven of chapter one hundred and eighty-one of the acts of the year eighteen hundred and eighty-three, may issue bonds, notes or scrip, to be denominated on the face thereof, North Attleborough Fire District Water Loan, to an amount not exceeding fifty thousand dollars in addition to the amounts heretofore authorized by law to be issued by said district 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 North Attleborough Fire District water loan by said fire district provided, that the whole amount of such bonds, notes or scrip issued by said fire district for the same purposes shall not in any event exceed the amount of one hundred and seventy-five thousand dollars. Proviso. 1883, 181, § 12, amended. To raise an tion sufficient, SECTION 2. Section twelve of chapter one hundred and eighty-one of the acts of the year eighteen hundred and eighty-three is hereby amended by striking out all of said section after the word "act", in the eighth line thereof, so as to read as follows: Section 12. The said fire nually by taxa di-trict shall raise annually by taxation a sum which, with the income derived from the water rates, will be sufficient to pay the current annual expenses of operating its water works, and the interest as it accrues on the bonds, notes and scrip issued as aforesaid by said fire district, and to make such contributions to the sinking fund and payments on the principal as may be required under the provisions of this act. with income, to pay current expenses and interest, etc. SECTION 3. This act shall take effect upon its passage. Chap.164 AN ACT TO PROVIDE FOR THE ABOLITION OF THE GRADE CROSSING Abolition of grade crossing in Brookline provided for. AT ST. MARY'S STREET IN BROOKLINE ON THE BOSTON AND AL- Be it enacted, etc., as follows: SECTION 1. The superior court and any commission appointed thereby, in proceedings already taken or which may hereafter be taken for the discontinuance of the crossing at grade of St. Mary's street in Brookline and the main line of the Boston and Albany railroad, are authorized to discontinue, under the provisions of chapter four hundred and twenty-eight of the acts of the year eighteen hundred and ninety and acts in amendment thereof, the said crossing, by prescribing the manner and limits within which a new street or streets shall be constructed, and a bridge at or within seven hundred feet easterly from the present location of said grade crossing shall be made over said railroad, with like proceedings and with like apportionment of cost and expenses, and like ascertainment and payment of damages, as if said St. Mary's street was a public way in the town of Brookline, and as if said new street or streets and said bridge were in the town of Brookline. Said bridge and its approaches shall after its completion be maintained as provided in section six of the said chapter. damages. SECTION 2. Any owner of private rights of way over Recovery of said railroad at St. Mary's street, whose private rights of way are injured or destroyed by any discontinuance of said crossing as hereinbefore provided, may recover damages therefor in the manner damages may be recovered under said chapter and acts in amendment thereof. SECTION 3. This act shall take effect upon its passage. AN ACT RELATIVE TO THE RIGHT TO THE CARE AND CONTROL OF Chap.165 LOTS AND TOMBS IN PUBLIC CEMETERIES IN TOWNS. Be it enacted, etc., as follows: boards of health regarding pub. towns, 1885, 302. lic cemeteries in SECTION 1. The provisions of chapter three hundred Powers of and two of the acts of the year eighteen hundred and eighty-five, relative to lots in cemeteries, shall apply to all lots and tombs in public cemeteries in towns, and the boards of health in towns shall exercise, in regard to such lots and tombs, the powers granted by said chapter to trustees or directors of cemetery corporations, and the designation in writing shall be given to the town clerk. SECTION 2. The board of health, before exercising the Notice to be given of power granted by this act with respect to a lot or tomb, hearings, P. S. shall give notice of a hearing in the manner provided in 82, § 20. section twenty of chapter eighty-two of the Public Statutes, and shall hear any of the parties entitled to the control of such lot or tomb, who may appear at the time and place notified, before deciding who shall represent said lot or tomb. Approved April 13, 1892. Chap. 166 AN ACT AUTHORIZING CITIES AND TOWNS TO APPROPRIATE MONEY Towns, etc., may appropriate money for anniversary celebrations. FOR ANNIVERSARY CELEBRATIONS. Be it enacted, etc., as follows: SECTION 1. Any city or town may raise, by taxation, such amount of money as may be authorized by a vote of two thirds of the voters present and voting at a town meeting, or of two thirds of the members of each branch of the city council, taken by yeas and nays and approved by the mayor, for the purpose of celebrating the anniversary of its settlement, or of its incorporation as a town, or as a city, at the end of a period of fifty or of any multiple of fifty years from such settlement or incorporation, and of publishing an account of the proceedings of any such celebration. SECTION 2. This act shall take effect upon its passage. Chap. 167 AN ACT RELATIVE TO THE ENTRY AND DRIVING OF Horses driven for a premium be disguised, etc. HORSES AT PLACES WHERE PURSES OR PREMIUMS ARE COMPETED FOR. Be it enacted, etc., as follows: Whoever, for the purpose of competing for a purse or or purse not to premium offered by any agricultural society, or by any person or association in this state, knowingly and designedly enters or drives any horse that is painted or disguised, or that is a different horse from the one which is purported to be entered or driven, or knowingly, and designedly, for the purpose of competing for a premium or purse, enters or drives a horse in a class to which it does not belong, shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months. Approved April 13, 1892. Chap.168 Service of process in the collection of taxes. AN ACT RELATING TO THE SERVICE OF PROCESS IN THE COLLECTION Be it enacted, etc., as follows: SECTION 1. Any notice, summons, demand or other paper which the collector of taxes is by law required to serve, may be served by leaving the same at the last and usual place of abode, or of business, of the person assessed, or by sending the same through the mail, postpaid and directed to the person assessed, at the city or town in which such person was registered as a voter for the last preceding state election. The affidavit of a col- SECTION 2. This act shall take effect upon its passage. AN ACT RELATIVE TO THE JURISDICTION OF THE SUPREME JUDICIAL Chap. 169 AND SUPERIOR COURTS IN REAL ACTIONS. Be it enacted, etc., as follows: diction of peti SECTION 1. The supreme judicial court shall no longer Original jurishave original jurisdiction of petitions for partition, of tions for parti writs of entry for the foreclosure of mortgages, or of other real actions. tion. to retain juris SECTION 2. The right to remove actions and petitions Superior court for partition from the superior court to the supreme diction. judicial court, now existing by virtue of sections seven and eight of chapter one hundred and fifty-two and section thirteen of chapter one hundred and seventyeight of the Public Statutes, is hereby taken away, and the superior court shall retain jurisdiction of all such cases. not to be SECTION 3. Nothing herein contained shall affect the Pending actions jurisdiction of the supreme judicial court over actions affected. and proceedings pending in that court at the time when this act takes effect. Approved April 13, 1892. AN ACT TO INCORPORATE THE NATHAN SLADE CEMETERY ASSO CIATION. Be it enacted, etc., as follows: Chap.170 SECTION 1. William L. Slade, Jonathan Slade, John Nathan Slade Cemetery A880P. Slade, Daniel Chace, Darius Buffinton, Edward S. ciation incor. Anthony, George Read, Rowland G. Buffinton, Nathan porated. Slade, Perry Slade, Francis J. Slade, Harlan P. Wyman and John W. Earle, their associates and successors, are hereby made a corporation by the name of the Nathan Slade Cemetery Association, for the purpose of holding, acquiring, controlling, caring for and improving ground set apart and known as Nathan Slade cemetery, situate and lying within one enclosure in the town of Somerset ; and said corporation shall have all the powers and privileges and be subject to all the duties, restrictions and Corporation may assume control of the Nathan Slade cemetery in Somerset, etc. Proprietors of lots to be mem poration. liabilities contained in all general laws now existing or which may hereafter be in force relating to such corporations. SECTION 2. Said corporation is hereby authorized to take possession and assume legal control of said cemetery whenever the same shall have been duly conveyed to it by the persons holding legal title to the same. And said corporation shall hold the land of, and all other property, rights, and things appertaining to, the cemetery enclosure aforesaid, for the same uses and purposes for which they are now held; and all rights which any persons have acquired in said cemetery shall remain valid to the same extent as if this act had not been passed. SECTION 3. Any person who now is or may hereafter bers of the cor- become a proprietor of a lot, by deed or otherwise, in the land mentioned in section one of this act, or in land hereafter acquired by said corporation, shall become a member of said corporation; and when any person shall cease to be a proprietor of a lot in the lands of said corporation he shall cease to be a member thereof. May acquire and hold additional real and personal property, etc. Officers of the corporation. SECTION 4. Said corporation may acquire by purchase, gift or devise, and hold in fee additional land to the extent of twenty acres, for the purposes of enlarging said cemetery from time to time, and may hold such personal property as may be necessary for the purposes of the corporation; and said corporation is hereby authorized to take and hold any grant, donation or bequest of property upon trust, and to apply the same or its income to the improvement and beautifying of said cemetery, or for the construction, repair, preservation or renewal of any monument, fence or other structure, in the planting and cultivation of trees, shrubs or plants in or around any lot, or the improving of said premises in any other manner or form consistent with the purposes for which said cemetery is established, and in accordance with the terms of said grant, donation or bequest. SECTION 5. The officers of said corporation shall consist of a board of five trustees, a clerk, a treasurer, and such other officers as its by-laws may prescribe. Said officers may hold office for such term and be elected in such manner as may be required by the by-laws of the corporation. SECTION 6. This act shall take effect upon its passage. Approved April 13, 1892. |