Chap.399 AN ACT TO PROVIDE FOR THE APPROVAL BY THE BOARD OF RAIL

Location, etc., granted to

companies to be approved by railroad commissioners.

ROAD COMMISSIONERS OF LOCATIONS GRANTED TO STREET RAIL-
WAY COMPANIES.

Be it enacted, etc., as follows:

SECTION 1. No location, extension or alteration of a street railway location granted by a board of aldermen or a board of selectmen, after the first day of March in the year nineteen hundred and two, of the tracks of a street railway company organized or in process of organization, shall be valid until the board of railroad commissioners has certified, after public notice and a hearing, that such location, or extension or alteration of location, is consistent with the public interests.

Time within which locations, etc., shall be accepted.

SECTION 2. The thirty days within which it is provided by law that a street railway company shall accept a location, extension or alteration of a location, shall begin to run from the time of issuing notice by the board of railroad commissioners of its decision; and if said board decides that the location, extension or alteration of location as granted or made is not consistent with the public interests, the same shall thereupon become void.

SECTION 3. This act shall take effect upon its passage.
Approved May 15, 1902.

Chap.400 AN ACT RELATIVE TO THE CONSTRUCTION OF CERTAIN BUILDINGS

1892, 419, amended.

Construction of

certain buildings in city of Boston.

IN THE CITY OF BOSTON OUTSIDE THE BUILDING LIMITS.

Be it enacted, etc., as follows:

SECTION 1. Chapter four hundred and nineteen of the acts of the year eighteen hundred and ninety-two is hereby amended by striking out section forty-six, as amended by section four of chapter four hundred and sixty-four of the acts of the year eighteen hundred and ninety-three and by chapter four hundred and seventyfour of the acts of the year nineteen hundred and one, and inserting in place thereof the following new section: Section 46. Second class buildings hereafter built shall be so divided by brick partition walls of the thickness prescribed for bearing partition walls and carried thirty inches above the roof, that no space inside any such building shall exceed in area eight thousand square feet, and no existing wall in any second class building shall be removed so as to leave an area of more than eight thou

sand square feet not so enclosed: provided, that in build- Provisos.
ings having a height of not over forty-five feet the height
above the roof of the said brick partition walls need not
exceed twelve inches; and provided, also, that the pro-
visions of this section shall not apply to buildings used
only for working in non-combustible materials, built
outside the building limits and conforming to the require-
ments of first class buildings except in having the beams
of wood, supported or not supported by posts of wood,
and in having floors of wood laid directly upon the beams
and the floors kept uncovered on their under side between
the beams, and having the roof built as approved by the
building commissioner.

SECTION 2. This act shall take effect upon its passage.
Approved May 20, 1902.

AN ACT TO AUTHORIZE THE MERCHANTS MANUFACTURING COMPANY Chap.401

AND AMERICAN LINEN COMPANY TO JOINTLY OPERATE PRINT

WORKS TO PRINT THE CLOTH MANUFACTURED BY EACH OF THEM
AND TO SELL THE SAME.

Be it enacted, etc., as follows:

panies may

print works,

SECTION 1. The Merchants Manufacturing Company Certain comand the American Linen Company, corporations estab- jointly operate lished in the city of Fall River, are hereby respectively etc. authorized to print and finish all cloth manufactured by each of them, and for that purpose may jointly engage in the business of operating print works and selling the product thereof, under such arrangements and terms as they may agree upon through their respective boards of directors: provided, however, that no action shall be taken Proviso. under the provisions of this act without the approval of the boards of directors of each of said corporations.

SECTION 2. This act shall take effect upon its passage.
Approved May 21, 1902.

AN ACT TO ESTABLISH THE SALARIES OF THE RAILROAD AND RAIL-
WAY INSPECTORS OF THE BOARD OF RAILROAD COMMISSIONERS.

Be it enacted, etc., as follows:

Chap.402

amended.

SECTION 1. Section nine of chapter one hundred and R. L. 111, § 9, eleven of the Revised Laws is hereby amended by striking out the words fifteen hundred", in the fifth line, and inserting in place thereof the words: -two thousand,

Board of railroad commissioners, salaries, expenses, etc.

Chap.403

R. L. 75 amended.

Boards of

health to make

regulations

concerning

bakeries, etc.

so as to read as follows: Section 9. The annual salary of the chairman of the board shall be five thousand dollars, that of the other commissioners four thousand dollars each, of the clerk twenty-five hundred dollars, of the assistant clerk not more than twelve hundred dollars and of cach railroad and railway inspector two thousand dollars, payable by the Commonwealth. The commissioners shall be provided with an office in the state house, or in some other suitable place in the city of Boston, in which their records shall be kept. In the performance of their official duties, they shall be transported over the railroads and railways in this Commonwealth free of charge, and may employ and take with them experts or other agents whose services they consider temporarily of importance. The board may expend not more than three thousand dollars annually in procuring necessary books, maps, statistics and stationery and in defraying expenses incidental and necessary to the performance of its duties, and not more than twenty-five hundred dollars annually in defraying the compensation of an accountant. A statement of such expenditures shall accompany its annual report.

SECTION 2. This act shall take effect upon its passage.
Approved May 21, 1902.

AN ACT RELATIVE TO THE REGULATION OF BAKERIES.

Be it enacted, etc., as follows:

SECTION 1. Chapter seventy-five of the Revised Laws is hereby amended by striking out section thirty-four and inserting in place thereof the following new section: Section 34. The board of health of a city or town. may make such further regulations as the public health may require, and shall cause such regulations, together with the six preceding sections, to be printed and posted in all such bakeries and places of business.

SECTION 2. This act shall take effect upon its passage.
Approved May 21, 1902.

Chap.404 AN ACT TO AUTHORIZE THE CITY OF LOWELL TO SUPPLY THE IN

City of Lowell may supply

HABITANTS OF THE TOWN OF DRACUT WITH WATER.

Be it enacted, etc., as follows:

SECTION 1. The city of Lowell may supply the in

town of Dracut habitants of the town of Dracut with water for the extinwith water, etc.

guishment of fires and for domestic and other purposes,
and may construct and lay conduits, pipes and other
works, under or over any lands, water courses, railroads,
railways and public or private ways, and along any such
ways in the town of Dracut in such manner as not unnec-
essarily to obstruct the same; and for the purpose of
constructing, maintaining and repairing such conduits,
pipes and other works, and for all purposes of this act,
the city of Lowell may enter upon and dig up any such
lands and ways: provided, however, that the said city Proviso.
shall not enter upon or dig up any public ways in the
town of Dracut, except with the consent of the selectmen
thereof; and the city of Lowell shall restore to the satis-
faction of the selectmen of the town of Dracut the public
ways dug up or otherwise disturbed in said town, and
shall pay all damages sustained by any person in conse-
quence of any act or neglect upon the part of the city of
Lowell, its agents or employees, in digging up or other-
wise disturbing any lands or public or private ways within
the said town.

water, fix and

SECTION 2. The city of Lowell may distribute water May distribute through the town of Dracut or any part thereof, and may collect rates, regulate the use of such water and fix and collect rates etc. for the use of the same; and the town of Dracut or any fire district now or hereafter established therein, or any individual or corporation, may make such contract with the city of Lowell for the extinguishment of fires and for other purposes as may be agreed upon between said town, fire district, individual or corporation, and the city of Lowell; and the said city may establish and maintain fountains and hydrants in the said town and may relocate or discontinue the same.

may take prop

SECTION 3. The town of Dracut shall have the right Town of Dracut at any time to take, by purchase or otherwise, the prop- erty, rights, etc. erty and all the rights and privileges of the city of Lowell held under the provisions of this act within the town of Dracut, on payment to said city of the actual cost thereof. The city of Lowell shall keep a separate account of the construction expenses of its plant within the town of Dracut, which account shall be open to the selectmen or other committee appointed by the town. In case the town shall vote to purchase said property, rights and privileges, and cannot agree with the city of Lowell upon the amount of the total actual cost thereof, then upon a

When to take effect, etc.

suit in equity brought either by the city or by the town. the supreme judicial court shall ascertain and fix such total cost in accordance with the foregoing provisions, and shall enforce the right of the town of Dracut to take possession of said property, rights and privileges, upon the payment of such cost to the city of Lowell.

SECTION 4. This act shall take effect upon its passage, but shall become void unless the city of Lowell shall begin to distribute water through its pipes to consumers in the town of Dracut within three years after the passage of this act. Approved May 21, 1902.

Chap.405 AN ACT TO AUTHORIZE THE HAVERHILL AND PLAISTOW STREET

The Haverhill

and Plaistow

Company may lease its railway, etc.

RAILWAY COMPANY TO LEASE ITS RAILWAY AND PROPERTY TO
THE EXETER, HAMPTON AND AMESBURY STREET RAILWAY COM-
PANY.

Be it enacted, etc., as follows:

SECTION 1. The Haverhill and Plaistow Street RailStreet Railway way Company may lease its railway and property to the Exeter, Hampton and Amesbury Street Railway Company for a period not exceeding ninety-nine years, and the Exeter, Hampton and Amesbury Street Railway Company may, after the execution of such lease, operate the said railway as a part of its system. Any lease made by virtue of this act shall be subject to the approval of the board of railroad commissioners.

Chap.406

R. L. 202, § 4, amended.

Certain actions

to be com

menced within cause of action

two years after

accrues.

SECTION 2. This act shall take effect upon its passage.
Approved May 21, 1902.

AN ACT RELATIVE TO ACTIONS OF TORT FOR PERSONAL INJURIES
AGAINST COUNTIES, CITIES AND TOWNS.

Be it enacted, etc., as follows:

Section four of chapter two hundred and two of the Revised Laws is hereby amended by striking out the word “and”, in the second line, and by inserting after the word "property", in the fifth line, the words: - and actions of tort for injuries to the person against counties, cities and towns, so as to read as follows:- Section 4. Actions for assault and battery, for false imprisonment, for slander or libel, actions against executors, administrators, guardians, trustees, sheriff's, deputy sheriffs, constables or assignees in insolvency, for the taking or conversion of personal property, and actions of tort for