R. L. 57, § 89, amended. Sealer may direct goods to be weighed, etc. R. L. 57. § 91, amended. Penalty. SECTION 3. Section eighty-nine of said chapter is hereby amended by adding at the end thereof the words: The scales designated by the sealer as aforesaid may be the public scales of the city or town or any other scales therein which have been duly tested and sealed, and shall be such scales as are in his judgment the most convenient of those available, so as to read as follows: Section 89. A sealer of weights and measures of a city or town in which any quantity of coke, charcoal or coal for delivery is found may, in his discretion, direct the person in charge of the goods to convey the same without delay or charge to scales designated by such sealer, who shall there determine the quantity of the goods, and, if they are not in baskets or bags, shall determine their weight with the weight of the vehicle in which they are carried, and shall direct said person to return to such scales forthwith after unloading the goods; and upon such return, the sealer shall weigh the vehicle. The scales designated by the sealer as aforesaid may be the public scales of the city or town or any other scales therein which have been duly tested and sealed, and shall be such scales as are in his judgment the most convenient of those available. SECTION 4. Section ninety-one of said chapter is hereby amended by adding at the end thereof the words: Sealers of weights and measures shall cause the provisions of the seven preceding sections to be enforced in their respective cities and towns, so as to read as follows: Section 91. Whoever violates any provision of the seven preceding sections or fails to comply with any request for information or direction made under authority thereof, or gives a false answer to any such request, shall for each offence be punished by a fine of not more than fifty dollars; and whoever shall be guilty of any fraud or deceit relative to the weighing, selling or delivering of coke, charcoal or coal, shall for each offence be punished by a fine of not more than one hundred dollars. Sealers of weights and measures shall cause the provisions of the seven preceding sections to be enforced in their respective cities and towns. SECTION 5. This act shall take effect upon its passage. AN ACT TO ESTABLISH THE SALARY OF THE PHYSICIAN AND SUR- Chap.454 GEON OF THE STATE PRISON. Be it enacted, etc., as follows: physician and SECTION 1. The salary of the physician and surgeon Salary of of the state prison shall be fifteen hundred dollars a year, surgeon of to be so allowed from the first day of July in the year established. nineteen hundred and two. SECTION 2. This act shall take effect upon its passage. AN ACT TO INCLUDE THE TOWN OF ROWLEY WITHIN THE JURIS- Be it enacted, etc., as follows: state prison Chap.455 The town of Rowley shall be included within the judi- Town of cial district of the police court of Newburyport. Rowley, judicial district. Approved June 10, 1902. AN ACT RELATIVE TO THE SITTINGS OF THE SUPERIOR COURT FOR Be it enacted, etc., as follows: Chap.456 superior court SECTION 1. The sittings of the superior court now sittings of provided by law to be held at Boston for the county for Suffolk of Suffolk for civil business, on the first Tuesdays of county. January, April, July and October, shall hereafter be held on the first Mondays of January, April, July and October. superior court SECTION 2. The sittings of the superior court now Sittings of provided by law to be held at Barnstable for the county for Barnstable of Barnstable, on the first Tuesday of April and on the county. second Tuesday of October, shall hereafter be held on the first Monday of April and the second Monday of October. SECTION 3. This act shall take effect upon its passage. Approved June 10, 1902. AN ACT TO ESTABLISH THE SALARY OF THE DEPUTY SEALER OF Chap.457 WEIGHTS AND MEASURES OF THE COMMONWEALTH. Be it enacted, etc., as follows: SECTION 1. The salary of the deputy sealer of weights salary of and measures of the Commonwealth shall be fifteen hun- deputy sealer of weights and lished. measures estab- dred dollars a year, to be so allowed from the first day of July in the year nineteen hundred and two. SECTION 2. This act shall take effect upon its passage. Approved June 10, 1902. Chap.458 AN ACT RELATIVE TO APPEALS FROM THE COURT OF LAND REGIS R. L. 128, § 13, amended. court of land registration. TRATION. Be it enacted, etc., as follows: SECTION 1. Section thirteen of chapter one hundred and twenty-eight of the Revised Laws is hereby amended by inserting after the word "court", in the first line, the words: - whereby any party is aggrieved, by inserting after the word "relates", in the third line, the words: as to any questions involved therein, - by inserting after the word "entered ", in the fourth line, the words: - and issues framed therefor in the court of land registration, by inserting after the word "recorder", in the seventh line, the words: - but no matters shall be tried in the superior court except those specified in the appeal, — and by striking out the words "In such case, issues for the jury shall be framed ", in the thirteenth line, so as to Appeals from read as follows:- Section 13. Every order, decision and decree of the court whereby any party is aggrieved shall be subject to appeal to the superior court for the county in which the land lies, to which such order, decision or decree relates as to any questions involved therein. The appeal shall be claimed and entered and issues framed therefor in the court of land registration within thirty days after the date of such order, decision or decree, and upon the entry of the appeal the appellant shall file in the superior court copies of all material papers in the case, certified by the recorder; but no matters shall be tried in the superior court except those specified in the appeal. Appearances and answers shall be filed in the superior court within thirty days after the appeal has been entered, unless for good cause further time is allowed. Upon the motion of either party, the cause shall be advanced for speedy hearing, and shall be tried by the court, unless either party within the time allowed for entering appearance claims a trial by jury. Questions of law arising in the superior court may be taken to the supreme judicial court for revision by any party aggrieved by any opinion, ruling, direction or judgment of the court, in the same manner as in proceedings at law in said court. law may be cial court, etc. Questions of law arising in the court of land registra- Questions of tion on any decision or decree may be taken by any taken to party direct to the supreme judicial court for revision, supreme judiin the same manner as questions of law are taken to that court from the superior court. The court of land registration, after any decision or decree dependent upon a question of law, may report such decision or decree, with so much of the case as is necessary for understanding such questions of law, for the determination of the supreme judicial court. SECTION 2. This act shall take effect upon its passage. AN ACT RELATIVE TO THE WEIGHING AND INSPECTION AND STRAW. Be it enacted, etc., as follows: OF HAY Chap.459 amended. Penalty for Section thirty-nine of chapter fifty-seven of the Revised R. L. 57, § 39, Laws is hereby amended by striking out in the third and fourth lines, the words "unless the vendor and vendee waive an inspection", and by adding at the end of the section the words:- but no such inspection and weighing need be made unless the vendee at the time of purchase requires it, so as to read as follows:- Section 39. Whoever, in a city or town for which an inspector is appointed, sells pressed or bundled hay or straw which out inspection, has not been inspected and weighed as before provided, etc. shall forfeit two dollars for each bale or bundle so sold; but no such inspection and weighing need be made unless the vendee at the time of purchase requires it. Approved June 10, 1902. AN ACT TO ABOLISH THE BOARD OF PUBLIC WORKS OF THE CITY OF NEW BEDFORD. Be it enacted, etc., as follows: selling pressed or bundled hay or straw with Chap.460 works of New Chapter one hundred and sixty-seven of the acts of the Board of public year eighteen hundred and eighty-nine and the acts in Bedford amendment thereof are hereby repealed; and the duties abolished, etc. and powers of the board of public works of the city of New Bedford are hereby transferred to the board of aldermen and the common council of that city. Approved June 10, 1902. Chap.461 AN ACT AUTHORIZING THE CITY OF BROCKTON TO LAY ITS WATER City of Brockton may lay its water pipes, etc., through lands in East Bridgewater, etc. PIPES AND CONDUITS IN AND THROUGH LANDS IN THE TOWN OF Be it enacted, etc., as follows: SECTION 1. The city of Brockton, for the purposes named in chapter three hundred and fifty-six of the acts of the year eighteen hundred and ninety-nine, may construct and lay aqueducts, conduits, pipes and other works in, under, through or over any lands, water courses, railroads, railways or public or private ways from said city through the town of East Bridgewater and along any such ways in such a manner as will least obstruct the same, with the same powers and subject to the same liabilities, duties and obligations specified in said chapter in relation to the towns mentioned therein. SECTION 2. This act shall take effect upon its passage. Chap.462 AN ACT TO ESTABLISH THE SALARY OF THE CLERK OF COURTS FOR Salary of clerk of courts for Plymouth county established. THE COUNTY OF PLYMOUTH. Be it enacted, etc., as follows: SECTION 1. The salary of the clerk of courts for the county of Plymouth shall be twenty-five hundred dollars a year, to be so allowed from the first day of July in the year nineteen hundred and two. SECTION 2. This act shall take effect upon its passage. Chap.463 AN ACT TO AUTHORIZE THE COMMISSIONERS OF SAVINGS BANKS TO Commissioners of savings banks may examine affairs of certain foreign banking associations, etc. VISIT THE OFFICE OF ANY FOREIGN BANKING ASSOCIATION OR Be it enacted, etc., as follows: SECTION 1. The board of commissioners of savings banks, or any member of said board, is hereby authorized to visit the office or branch office of any foreign banking association or corporation located in this Commonwealth, and they shall have the same powers to examine such office or branch office and the affairs of such association or corporation, as are given to said commissioners in respect to the examination of savings banks. SECTION 2. This act shall take effect upon its passage. |