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AN ACT TO REQUIRE RAILROAD COMPANIES TO MAINTAIN CROSSINGS Chap.171

TO GIVE ACCESS TO LANDS CUT OFF BY RAILROADS.

Be it enacted, etc., as follows:

panies may be

maintain cross

access to lands

SECTION 1. When any person or corporation is cut Railroad comoff from access to lands owned by such person or corpo- required to ration by the laying out of a railroad or the widening of ings to give the roadbed of such railroad, and when no compensation cut off by railhas been paid by the company owning or operating said roads. railroad for cutting off access to said lands, or agreement made relative thereto, the railroad commissioners after due notice to the parties in interest and a hearing, under such rules as they shall adopt for proceedings under this act, shall, if they deem expedient, order a crossing to be made and maintained at the expense of the railroad company; and shall specify definitely the character of such crossing and when the same may be used.

neglect to com.

commissioners.

SECTION 2. If any railroad company neglects to com- Penalty for ply with an order of the railroad commissioners made ply with order under this act, for more than ninety days after the date of road of such order, such company shall forfeit five dollars a day for each day's neglect after the expiration of said ninety days. Said forfeiture may be recovered by any person or corporation aggrieved, in an action of tort brought in any police, district or municipal court, or in the superior court sitting for the county within which the crossing was ordered to be maintained. One half of the amount recovered shall be paid to the person or corporation instituting the suit and the other half to the county. SECTION 3. This act shall not apply to street railways. Approved April 13, 1892.

AN ACT TO AUTHORIZE THE BENEVOLENT FRATERNITY OF CHURCHES Chap.172

IN THE CITY OF BOSTON TO HOLD ADDITIONAL REAL AND PER

SONAL ESTATE.

Be it enacted, etc., as follows:

tional real and

SECTION 1. The Benevolent Fraternity of Churches in May hold addithe city of Boston, incorporated by chapter twenty-four personal estate. of the acts of the year eighteen hundred and thirty-nine, is hereby authorized for the purposes and uses named in said act of incorporation, to take and hold additional real and personal estate to an amount which together with the amount heretofore authorized by law shall not exceed five

hundred thousand dollars, exclusive of the chapels belonging to it and the land on which they stand.

SECTION 2. This act shall take effect upon its passage. Approved April 13, 1892. Chap.173 AN ACT TO RATIFY A VOTE OF THE TOWN OF STONEHAM APPRO

Vote of the town of Stoneham ratified.

PRIATING MONEY FOR A CELEBRATION.

Be it enacted, etc., as follows:

SECTION 1. The vote of the town of Stoneham at the annual meeting of said town for the year eighteen hundred and ninety-two, appropriating the sum of three hundred dollars for celebrating the anniversary of the passage of the sixth Massachusetts regiment through Baltimore, said celebration to be held on the eighteenth and nineteenth days of April of the present year, is hereby ratified, confirmed and made valid.

SECTION 2. This act shall take effect upon its passage.
Approved April 13, 1892.

Chap.174 AN ACT MAKING AN APPROPRIATION FOR COMPENSATION AND EX

Appropriation

for compensa.

committee on

municipal

charters.

PENSES OF THE JOINT SPECIAL COMMITTEE ON MUNICIPAL CHAR-
TERS, APPOINTED BY THE LEGISLATURE OF EIGHTEEN HUNDRED
AND NINETY-ONE.

Be it enacted, etc., as follows:

SECTION 1. The sum of sixty-two hundred and fifty tion, etc., of the dollars is hereby appropriated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for compensation and expenses of the joint special committee appointed by the legislature of the year eighteen hundred and ninety-one to sit during the recess, to consider the subject of greater uniformity and system in the provisions of law relative to the several cities of the Commonwealth, and the framing of a general form of municipal charter. SECTION 2. This act shall take effect upon its passage. Approved April 14, 1892.

Chap.175 AN ACT TO EXEMPT THE THOMAS TALBOT MEMORIAL HALL IN

To be exempt

from taxation.

BILLERICA FROM TAXATION.

Be it enacted, etc., as follows:

SECTION 1. The Thomas Talbot Memorial Hall, and the land connected therewith, in the town of Billerica, the use of which is devoted to public purposes, shall be exempt from taxation.

SECTION 2. This act shall take effect upon its passage.
Approved April 18, 1892.

AN ACT TO DEFINE AND ESTABLISH THE BOUNDARY LINE IN TIDE Chap.176

WATER BETWEEN THE CITY OF GLOUCESTER AND THE TOWNS OF

ESSEX AND IPSWICH.

Be it enacted, etc., as follows:

in tide water be

Gloucester and

established.

SECTION 1. The boundary line in tide water between Boundary line the city of Gloucester and the towns of Essex and Ipswich tween city of is hereby located and defined as follows: - Beginning at a towns of Essex stone bound near the shore, in the present boundary line and Ipswich of land between the city of Gloucester and the town of Essex, and thence running in a straight line north, twentyfour degrees thirty minutes east, through a copper bolt in Black Rocks, at the southeasterly end of the boundary line between the towns of Ipswich and Essex, out to sea until it comes to the exterior line of the Commonwealth in tide water. All the territory in tide water in said towns and city lying southerly from the above described line shall be and remain in the city of Gloucester, and all the territory lying northerly from said line shall be and remain in the towns of Essex and Ipswich, respectively, according as the boundary line in tide water between said towns shall be established by law.

in tide water

towns of

Ipswich

lished.

SECTION 2. The boundary line in tide water between Boundary line the towns of Essex and Ipswich is hereby established as between the follows: Beginning at a copper bolt in the highest point iwwich and of the main ledge of the Black Rocks, so-called, in the Essex estab line as herein before defined, dividing the city of Gloucester from said towns, and running from said copper bolt north, forty degrees west, until it comes to the centre of the channel of Castle Neck river on the north side of Choate's (formerly called Hog) island.

SECTION 3. This act shall take effect upon its passage.
Approved April 19, 1892.

AN ACT APPROPRIATING TEN THOUSAND DOLLARS ANNUALLY FOR
THE MASSACHUSETTS STATE FIREMEN'S ASSOCIATION.

Be it enacted, etc., as follows:

Chap.177

ance of $10,000

SECTION 1. Before the first day of July in each year Annual allow. there shall be allowed and paid out of the treasury of the to the MassaCommonwealth to the treasurer of the Massachusetts State chusetts State Firemen's Association the sum of ten thousand dollars. ciation, etc. Said sum shall be paid from the moneys received for taxes

Firemen's Asso

Firemen's

Relief Fund of

etc.

from fire insurance companies doing business in this Commonwealth.

SECTION 2. The money so paid to said treasurer shall Massachusetts, be known and remain as the Firemen's Relief Fund of Massachusetts, and shall be used as a fund for the relief of firemen, whether members of said association or not, who may be injured while responding to, working at or returning from an alarm of fire, and for the relief of the widows and children of such firemen as may be killed in the line of their duty aforesaid, in such manner and in such sums as a board, to consist of five persons, two of whom shall be appointed by the Massachusetts State Firemen's Association and three of whom shall be appointed by the governor, shall determine; the appointees of the governor shall not be members of said association.

Treasurer to give bond and report to the treasurer of the

SECTION 3. The treasurer of the Massachusetts State Firemen's Association shall give a bond with good and Commonwealth. Sufficient sureties to the treasurer of the Commonwealth, in double the sum received by him from said treasurer, for the faithful performance of his duties under this act; and shall make a detailed report under oath to the treasurer of the Commonwealth of expenditures of the appropriation made under this act, on or before the fifteenth day of July in each year.

Firemen, etc., eligible for

benefits from the fund.

Unexpended

moneys to be

treasurer of the

SECTION 4.

The officers and members in active service of all incorporated protective departments acting in concert with fire departments, also any person doing fire duty at the request, or upon the order of the authorities of any town having no organized fire department, and any person performing the duties of a fireman in a town having no organized fire department, shall be eligible for benefits from this fund.

SECTION 5. All unexpended moneys received under returned to the this act by the said Massachusetts State Firemen's AssoCommonwealth. ciation shall be returned to the treasurer of the Commonwealth on or before the fifteenth day of July in each year.

Incidental expenses, etc.

SECTION 6. Five hundred dollars out of the amount hereby appropriated may be allowed for incidental expenses of the disbursing board, but otherwise no part of said ten thousand dollars shall be expended for salaries or any expenses except as provided in this act. SECTION 7. This act shall take effect upon its passage. Approved April 19, 1892.

AN ACT TO AUTHORIZE CITIES AND TOWNS TO INCUR INDEBTED-
NESS FOR THE PURPOSE OF PAYING DAMAGES OCCASIONED BY
THE TAKING OF LAND FOR THE ALTERATION OF GRADE CROSSINGS.

Be it enacted, etc., as follows:

Chap.178

may incur

for paying

alteration of

SECTION 1. Any city or town required to pay prima- Towns, etc., rily any land damages under the provisions of chapter indebtedness four hundred and twenty-eight of the acts of the year damages for eighteen hundred and ninety, or any proportion of the land taken for general expense of altering a crossing under the pro- grade crossings, visions of said act, may, in the case of a city by vote of the city council, and in the case of a town by ordinary vote at a legal town meeting called for the purpose, incur debts for temporary loans to pay such damages or expense without regard to the general laws in force regulating and limiting municipal indebtedness and the manner and form of voting thereon; and when any money so primarily paid by a city or town is repaid to it said money shall immediately be applied to payment of the loan.

SECTION 2. This act shall take effect upon its passage.
Approved April 19, 1892.

AN ACT TO AUTHORIZE THE HOLYHOOD

CEMETERY ASSOCIATION Chap.179

TO TAKE, HOLD, SELL AND CONVEY CERTAIN REAL ESTATE.

Be it enacted, etc., as follows:

sell and convey

The deed of land to the Holyhood Cemetery Association May take, hold, from Dennis H. Tully, dated April twenty-seventh, eight- certain real een hundred and eighty-two, and recorded with Norfolk estate. registry of deeds, libro five hundred and thirty-six, folio five hundred and fifteen, shall not be deemed invalid because the corporate powers of said Holyhood Cemetery Association did not authorize it to receive or hold said land, and no conveyances of said land which have been made by said Holyhood Cemetery Association shall be deemed invalid because unauthorized by said corporate powers. And the corporate powers of said Holyhood Cemetery Association are hereby so far enlarged as to authorize it to hold and convey said land.

Approved April 20, 1892.

AN ACT PROVIDING FOR THE ASSIGNMENT OF POLICE OFFICERS FOR
SPECIAL SERVICE AT AGRICULTURAL AND HORTICULTURAL EXHIBI-
TIONS.

Be it enacted, etc., as follows:

Chap.180

at agricultural

On the application of the president of an incorporated Police officers agricultural or horticultural society to the proper authori- exhibitions, etc.

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