employ and to discharge and remove all subordinate of certain city SECTION 32. All city officers shall hold office until Term of office their successors are chosen and qualified. The term officers. of office of the city auditor and of the city clerk shall begin and end on the first Monday in March. The term of office of all city officers, except as otherwise herein provided, shall begin and end on the first Monday in February: provided, however, that officers holding office Proviso. when this act takes effect shall serve during the terms for which they were chosen, subject to suspension and removal as provided by this act. bonds. SECTION 33. All bonds required of city officers shall Approval of be subject to the approval of the mayor. GENERAL PROVISIONS. for acts of its SECTION 34. The city shall not be liable for the acts Liability of city of its officers and boards, except so far as liability may officers, etc. now exist. tain streets, etc., by mayor and SECTION 35. No street or way shall hereafter be opened Location of cerover any private land by the owners, lessees or occupants to be approved thereof, and dedicated to be used by the public, until the aldermen. width and location of the same shall have been approved by the mayor and board of aldermen. certain infor quest. SECTION 36. Any officer or member of a board shall, Officers to give upon request of the board of aldermen, appear before it mation upon reand give such information as may be required in relation to his department, and any officer or member of a board who so appears may speak upon all matters under consideration relating to his department. SECTION 37. Every contract made by any officer or Contracts. board where the amount involved is two hundred dollars or more shall be in writing, shall be accompanied by a sufficient bond for the faithful performance of the contract, and shall not be valid or binding against the city until the approval of the mayor is affixed in writing to the contract and the bond, after which they shall be deposited No expenditure to be made be tion, except, etc. with the city auditor. No such contract shall be altered, unless the contractor, the sureties on the bond, if any, the officer making the contract, and the mayor, shall in writing agree to such alteration. SECTION 38. No expenditure of public money shall yond appropria- be made by any officer or board, nor liability incurred by or on behalf of the city, beyond the amount duly appropriated therefor, contained in the annual appropriation order, or subsequently appropriated and thereafter granted by order of the board of aldermen, except as otherwise provided by law. Vacancies. Certain existing ordinances to continue in force. General meetings of the people. Repeal, etc. Question of acceptance to voters at state election, etc. SECTION 39. Vacancies shall be filled in the manner of the original election or appointment, unless other provision is made herein. SECTION 40. The existing ordinances of the city, so far as they are not inconsistent with this act, shall continue in force until amended or repealed by the board of aldermen. SECTION 41. General meetings of the people may be held from time to time, according to the rights secured to the people by the constitution of the Commonwealth ; and all such meetings may, and upon the request in writing of fifty qualified voters setting forth the purpose thereof, shall duly be called by the mayor. SECTION 42. All acts and parts of acts inconsistent herewith are hereby repealed, and all ordinances, orders and resolutions, or parts thereof inconsistent with this act, are hereby annulled; but such repeal or annulment shall not affect any rights accrued, any penalty or forfeiture incurred, or any suit pending at the time when the repeal or annulment takes effect, and all officers now holding office under provisions of law shall continue to hold office and exercise the powers thereof until their successors are elected or appointed according to the provisions of this act. SECTION 43. The question of the acceptance of this to be submitted act shall be submitted to the legal voters of the city of Fall River at the annual state election in the present year. The vote shall be taken by ballot in accordance with the provisions of chapter eleven of the Revised Laws and of acts in amendment thereof and in addition thereto, so far as the same shall be applicable, in answer to the question: Shall an act passed by the general court in the year nineteen hundred and two, entitled "An Act to revise the charter of the city of Fall River", be accepted?, and the affirmative votes of a majority voting thereon shall be required for its acceptance. If so accepted so much thereof as relates to elections hereunder shall apply to the annual municipal election which shall be held on the Tuesday next after the second Monday of December in the year nineteen hundred and two, and this act shall take full effect on the first Monday of January next ensuing. If this act fails to be accepted at said annual state election it shall be submitted again in like manner to said voters at the annual state election in the year nineteen hundred and three. If then accepted, so much thereof as relates to elections hereunder shall apply to the annual municipal election which shall be held on the Tuesday next after the second Monday of December in the year nineteen hundred and three, and this act shall take full effect on the first Monday of January next ensuing. effect. SECTION 44. So much of this act as authorizes and When to take directs its submission to the legal voters of said city shall take effect upon its passage, but it shall not further take effect unless accepted as above provided. Approved May 13, 1902. AN ACT TO INCORPORATE THE BAY STATE ACCIDENT ASSOCIATION. Chap.394 Be it enacted, etc., as follows: dent Associa rated. SECTION 1. Charles H. Wilson, Delmont L. Weeks, Bay State AcciGuy W. Cox and Harry G. Lowe, their associates and tion incorposuccessors, are hereby made a corporation by the name of the Bay State Accident Association, for the purpose of insuring street railway corporations, except such as are hereinafter excluded, against loss arising from claims for damages on account of injury to persons or on account of the death of persons caused by such street railway corporations; and for this purpose shall have all the powers and privileges and be subject to all the duties, restrictions and liabilities set forth in all general laws now or hereafter in force relating to mutual insurance companies, so far as the same shall be applicable. to be approved commissioner, SECTION 2. Said corporation shall effect insurance By-laws, etc., only in the class of cases specified in section one of this by insurance act, and shall not do business until its by-laws and form of policy have been submitted to and approved by the insurance commissioner, nor until at least four of the etc. Chap.395 Locations of street railway companies. Chap.396 Grants of locations to street railway com. panies to become void in certain cases. When to take effect, etc. street railway corporations of this Commonwealth shall SECTION 3. This act shall take effect upon its passage. AN ACT RELATIVE TO LOCATIONS OF STREET RAILWAY COMPANIES. SECTION 1. If in any city or town the original location of tracks of a street railway company already organized or in process of organization expires, is revoked, or otherwise becomes void before or after the passage of this act, the provisions of section seven of chapter one hundred and twelve of the Revised Laws shall apply to a new petition for a location in such city or town, unless such petition is brought for an extension or alteration of the tracks of the company in such city or town. If the location for which the subsequent petition is filed is necessary to connect the railway of the company in two cities or towns or in a city and town, the provisions of section eleven of said chapter shall apply to the proceedings thereunder. SECTION 2. This act shall take effect upon its passage. AN ACT TO MAKE NULL AND VOID GRANTS OF LOCATIONS TO STREET Be it enacted, etc., as follows: SECTION 1. Every grant of location heretofore or hereafter made to a street railway company in process of organization under the provisions of general or special laws shall lapse and become null and void, anything to the contrary in such grant of location notwithstanding, if the organization of such company is not completed and its charter duly granted within eighteen months after the date of such grant of location. SECTION 2. This act shall take effect upon its passage, but shall not apply to any locations heretofore granted to a company in process of organization which shall complete its organization and receive its charter prior to the first day of March in the year nineteen hundred and three. Approved May 15, 1902. AN ACT TO PREVENT MISREPRESENTATION IN THE SALE OF MER- Be it enacted, etc., as follows: Chap.397 tion in the sale to be deemed a SECTION 1. If any person, firm, corporation or associa- Misrepresenta tion, or any employee thereof, in a newspaper, circular of merchandise or other publication published in this state, knowingly misdemeanor, makes or disseminates any statement or assertion of fact etc. concerning the quantity, the quality, the method of production or manufacture, or the reason for the price of his or their merchandise, or concerning the manner or source of purchase of such merchandise, or the possession of rewards, prizes or distinctions conferred on account of such merchandise, which statement or assertion is intended to give the appearance of an offer advantageous to the purchaser and which is untrue or calculated to mislead, and if it shall appear that any purchaser has been deceived or damaged in consequence thereof, the person, firm, corporation or association causing such advertisement to issue, upon the complaint of the person so deceived or damaged, shall be guilty of a misdemeanor. SECTION 2. Any person, firm, corporation or associa- Penalty. tion, or any employee thereof, who commits the misdemeanor above described shall be liable to a fine of not less than ten nor more than one hundred dollars for each offence. Approved May 15, 1902. AN ACT TO AUTHORIZE THE CITY OF WORCESTER TO ACCEPT THE Be it enacted, etc., as follows: Chap.398 ter may accept of Jerome SECTION 1. The city of Worcester is hereby authorized City of Worces to accept the provisions of the will of Jerome Wheelock, benefits of will late of Worcester, and to assent to any compromise Wheelock. touching the allowance and meaning thereof, and to do all matters and things required of it in order to secure the benefits intended to be conferred by said will upon said city. SECTION 2. This act shall take effect upon its passage. |