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AN ACT TO INCORPORATE THE NEW YORK AND BERKSHIRE STREET Chap.475

RAILWAY COMPANY. Be it enacted, etc., as follows:

SECTION 1. Roscoe C. Taft, William C. Dalzell, J. New York and Fred Whiting, G. Will Platt, Herbert F. Keith, John Street Railway C. Benton, Frank B. Schutt, John A. Brewer, Orlando incorporated. C. Bidwell and George W. Mellen, their associates and successors, are hereby made a corporation under the name of the New York and Berkshire Street Railway Company, with all the powers and privileges and subject to all the duties, conditions and restrictions set forth in all general laws now or hereafter in force relating to street railway companies.

Section 2. Said company may locate, construct, main- May construet, tain and operate its railway in such manner as may be inte rita railway convenient and necessary, in part upon private land, and towti. upon highways or state highways in the towns of Mount Washington, Egremont, Great Barrington, Monterey, Otis, Sandisfield, Tolland, Granville, Russell, Blandford, Southwick, Westfield and Agawam, subject to the approval and under the control of the selectmen of the respective towns as provided by general laws, and subject also to the approval and control of the Massachusetts highway commission as to any part of said railway located upon a state highway. The location of said railway out- Location. side the public streets and highways shall not exceed five rods in width.

SECTION 3. The proceedings for the fixing of the route Proceedings for and location of said railway for that part of the route out- taking propside of highways, and for the taking of private property erty, etc. and for the determination and payment of damages therefor, shall be similar to those prescribed by general law in relation to railroads.

SECTION 4. Said company may maintain and operate Motive power, its railway by any approved power other than steam, and may erect and maintain poles and wires on private lands taken for the purposes of said railway, and, with the consent of the selectmen of any town, may erect such poles and wires in the highways of that town as may be necessary to establish and maintain such motive power. It may acquire by purchase or by lease all real estate May acquire and water power necessary for its power stations and for

etc.

necessary real estate, etc.

Capital stock.

May issue mortgage bonds, etc.

other uses incident to the proper maintenance and operation of its railway.

SECTION 5. The capital stock of said company shall not exceed six hundred thousand dollars, except that the capital stock may be increased, subject to the provisions of the general laws relative thereto.

SECTION 6. Said company, in order to meet the expenses incurred under this act, may, subject to the approval of the board of railroad commissioners, from time to time by vote of the majority in interest of its stockholders issue coupon or registered bonds. Such bonds shall be secured by a mortgage of the franchise and property of the company, subject to the general laws relative thereto; and in such mortgage the company may reserve to its directors the right to sell or otherwise in due course of business to dispose of property included therein which may become unsuitable for use, provided an equivalent in value is substituted therefor.

SECTION 7. Said company is hereby authorized to use its tracks to carry on an express business and to be a common carrier of goods, merchandise and freight, and to transport passengers, subject to the provisions of chapter seventy of the Revised Laws and of all other laws relating to common carriers.

SECTION 8. The authority herein granted shall cease if no part of the proposed railway has been built and put in operation at the end of three years from the passage of this act. SECTION 9. This act shall take effect upon its passage.

Approved June 12, 1902.

May be a com mon carrier of merchandise, etc.

Part of railway to be in operation within three years.

amended.

Chap.476 AN ACT RELATIVE TO ROXBURY CENTRAL WHARF.

Be it en acted, etc., as follows: 1890, 165, § 1, SECTION 1. Section one of chapter one hundred and

sixty-five of the acts of the year eighteen hundred and ninety is hereby amended by striking out the words “ for

the term of thirty years ", in the fifth line, - so as to read Roxbury Cen. as follows:- Section 1. The name of the Proprietors

of Roxbury Central Wharf, a corporation established by chapter sixty-six of the acts of the year eighteen hundred and forty-one, is hereby changed to Roxbury Central Wharf; and said corporation may also hold, for the purposes in said chapter set forth, any flats, lands and

tral Wharf may hold certain lands, etc.

marshes lying in Boston between the south bay, the Rox-
bury canal, Swett street and Dorchester avenue, to which
it may acquire title by purchase or otherwise ; and said
corporation shall be subject to the provisions of chapter
nineteen of the Public Statutes and to all other statutes
which now are or hereafter may be in force applicable to
corporations organized under the provisions of chapters
one hundred and five and one hundred and six of the
Public Statutes.
SECTION 2. Said chapter one hundred and sixty-five 1890, 165,

amended. is hereby further amended by striking out section two and inserting in place thereof the following new section :Section 2. The capital stock of said corporation shall be Capital stock. divided into shares of one hundred dollars each, which may be issued from time to time at par for cash or for property within the limits aforesaid conveyed to it by the owners thereof at valuations approved by the commissioner of corporations : provided, however, that the Proviso. total amount of the capital stock of said corporation shall not exceed one million eight hundred thousand dollars. SECTION 3. This act shall take effect upon its passage.

Approved June 12, 1902.

AN ACT RELATIVE TO THE SURVEY OF LUMBER.

Chap.477 Be it enacted, etc., as follows:

Section 1. Section four of chapter sixty of the Re- R. L. 60, $ 4, vised Laws is hereby amended by inserting after the word amended. “ grades”, in the sixth line, the words : — and kinds, and by inserting after the word “him”, in the ninth line, the words: — with the approval of the governor and council, and after such approval the surveyor general shall cause lists of the same to be printed and published from time to time, at the cost of the Commonwealth ; and the grades and kinds so defined shall be in force throughout the Commonwealth, so as to read as follows: Section 1. He shall keep a record of all lum- Surveyor gen. ber surveyed by himself or his deputies and of the amount record briun. of fees received by each deputy, and as often as once in berrurerie each month he shall be entitled to ten per cent of such etc. fees. Such record shall be at all times open to inspec. tion by the members of the city councils of cities and by the selectmen of towns within said district. Grades and kinds of lumber which are recognized in trade and not

defined in this chapter may, upon application therefor in writing to the surveyor general, be established and defined by him, with the approval of the governor and council, and after such approval the surveyor general shall cause lists of the same to be printed and published from time to time, at the cost of the Commonwealth ; and the grades and kinds so defined shall be in force throughout the Commonwealth ; and the fees for the survey thereof shall be the same as those for surveying

lumber of grades similar thereto. R. L. 60, 87, amended,

SECTION 2. Section seven of said chapter is hereby amended by adding at the end thereof the words: Any purchaser or seller of lumber or any person having a pecuniary interest in any lumber shall have the right to call upon the surveyor general to survey any lumber within the Commonwealth, and thereupon the surveyor general shall by himself or his deputies survey such lumber.

The person or persons making the request for a survey shall, if the lumber be outside the district specified in section one of this chapter, pay all necessary

travelling expenses, and such fees as may be agreed Surveyors of

upon,

so as to read as follows: Section 7. The surlumber in towns may be licensed veyor of lumber in any town, except the surveyor genjoining towns, eral or his deputies, may apply to the selectmen of an

adjoining town for a license to survey lumber therein, and if the selectmen are of the opinion that it will be for the public convenience they may, upon payment of a fee of not more than one dollar, grant such license, and may limit the territory of their town within which it may be exercised. Such license shall remain in force while the licensee holds the office of surveyor in the town for which he was chosen, but not later than the next annual town meeting of said town. Any purchaser or seller of lumber or any person having a pecuniary interest in any lumber shall have the right to call upon the surveyor general to survey any lumber within the Commonwealth, and thereupon the surveyor general shall by himself or his deputies survey such lumber. The person or persons making the request for a survey shall, if the lumber be outside the district specified in section one of this chapter, pay all necessary travelling expenses, and such fees as may be

agreed upon. Repeal,

SECTION 3. Sections nine, ten and eleven of said chapter are hereby repealed. Approved June 16, 1902.

ete.

AN ACT RELATIVE TO THE SIGNING OF INSTRUMENTS BY MARRIED

Chap.478 WOMEN UNDER THE AGE OF TWENTY-ONE YEARS. Be it enacted, etc., as follows :

SECTION 1. The signature of any married woman Signing of under the age of twenty-one years, affixed by her to any married women instrument relating to the conveyance of land of her hus- under the age band, shall have the same effect as if she were over that age. SECTION 2. This act shall take effect

upon

its

passage. Approved June 16, 1902.

of 21 years.

AN ACT TO AUTHORIZE THE TOWN OF IPSWICH TO PAY A SUM OF

Chap.479 MONEY TO NEWELL M. JEWETT. Be it enacted, etc., as follows:

SECTION 1. The town of Ipswich is hereby authorized Town of Ips to compensate Newell M. Jewett, a police officer of said sum of money town, for injuries received by said officer while in the Jewett. performance of his duties. SECTION 2. This act shall take effect upon its passage.

Approved June 16, 1902.

AN ACT TO AUTHORIZE THE CITY OF NEWTON TO LAY MAIN DRAINS

AND COMMON SEWERS IN PART OF BEACON STREET IN THE

Chap.180

CITY OF BOSTON AND TO MAKE ASSESSMENTS THEREFOR UPON
CERTAIN PROPERTY IN THE CITY OF NEWTON.

street, Boston,

Be it enacted, etc., as follows :

Section 1. The city of Newton is hereby authorized City mody New to construct and maintain common sewers and main drains main draina,

etc., in a part in Beacon street in the city of Boston, from the Newton of Beacou line easterly to Reservoir lane, so-called, thence through said Reservoir lane and land of the Boston and Albany Railroad Company to connect with the sewers of the town of Brookline: provided, however, that such main drains Proviso. and common sewers shall be laid in said Beacon street and Reservoir lane only with the consent of, and in a manner approved by, the board or officer to whom the care and control of the territory in which the sewer is laid may for the time be committed.

SECTION 2. Any damages occasioned by the taking Damages. of land or any right therein under authority hereof shall be ascertained and recovered in the manner provided by

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