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and small parcels of merchandise in the towns and cities in which it has the right to operate: provided, that said Provisos. company shall not so act in any town or city until authorized so to do by the selectmen or board of aldermen thereof; and provided, also, that said company shall be subject to the provisions of chapter seventy of the Revised Laws and of all other laws now or hereafter in force relating to common carriers, and shall also be subject to any by-laws, ordinances and regulations made by any city or town in which it operates, provided, that the same are not inconsistent with said chapter and laws. SECTION 2. Said company may enter upon, use and May enter upon, operate over, such parts of the railways of the Union over railways of Street Railway Company in the city of New Bedford, and of the Old Colony Street Railway Company in the city of Fall River, and under such terms as to conditions of operation and compensation to be paid therefor as said companies may from time to time respectively agree upon: provided, however, that no such entry upon, use Proviso. of or operation over the tracks of said Union Street Railway Company and Old Colony Street Railway Company shall take place until authorized by the board of public works of the city of New Bedford, and by the board of aldermen of the city of Fall River, respectively, and until also authorized by the board of railroad commis

sioners.

SECTION 3. This act shall take effect upon its passage.
Approved April 18, 1902.

AN ACT TO ESTABLISH THE SALARY OF THE JUSTICE OF THE FIRST
DISTRICT COURT OF BARNSTABLE.

Be it enacted, etc., as follows:

dis

SECTION 1. The salary of the justice of the first trict court of Barnstable shall be twelve hundred and fifty dollars a year, to be so allowed from the first day of January in the year nineteen hundred and two. SECTION 2. This act shall take effect upon its passage. Approved April 18, 1902.

certain com.

panies.

Chap.320

Salary of justice
court of Barn-
.

of first district

stable estab

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Chap.321 AN ACT TO AUTHORIZE THE BOARD OF REGISTRATION IN PHARMACY

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TO RECONSIDER ITS ACTION IN CASES WHERE IT MAY HAVE SUS-
PENDED OR REVOKED THE LICENSE OR CERTIFICATE OF REGIS-
TRATION.

Be it enacted, etc., as follows:

SECTION 1. Section seventeen of chapter seventy-six of the Revised Laws is hereby amended by inserting after the word "suspended ", in the fifth line, the words :or revoked, and by adding at the end thereof the words: The board may at any time in its discretion reconsider its action in cases where it has suspended or revoked the license or certificate of registration of a pharmacist, and may change its determination as justice shall require, so as to read as follows: Section 17. If the full board sitting at such hearing finds the person guilty, the board may suspend the effect of the certificate of his registration as a pharmacist for such term as the board fixes, but the license or certificate of registration of a registered pharmacist shall not be suspended or revoked for a cause punishable by law until after his conviction by a court of competent jurisdiction. The board may at any time in its discretion reconsider its action in cases where it has suspended or revoked the license or certificate of registration of a pharmacist, and may change its determination as justice shall require.

SECTION 2. This act shall take effect upon its passage.
Approved April 18, 1902.

Chap.322 AN ACT TO REQUIRE MANUFACTURING ESTABLISHMENTS TO SUPPLY

Manufacturing establishments to provide employees with pure drinking

water.

Penalty.

THEIR EMPLOYEES WITH PURE DRINKING WATER DURING WORK-
ING HOURS.

Be it enacted, etc., as follows:

SECTION 1. All manufacturing establishments in this Commonwealth shall provide fresh and pure drinking water, to which their employees shall have access during working hours.

SECTION 2. Any corporation, association, firm or person owning, in whole or in part, managing, controlling or superintending any manufacturing establishment in which. the provision of this act is violated shall, upon complaint

of the board of health of the city or town, or of the selectmen of the town in which the establishment is located, be liable to a fine of one hundred dollars for each offence.

Approved April 18, 1902.

AN ACT TO EXTEND THE TIME WITHIN WHICH THE WESTERN
HAMPSHIRE STREET RAILWAY COMPANY MAY CONSTRUCT AND
OPERATE ITS RAILWAY.

Be it enacted, etc., as follows:

Chap.323

SECTION 1. The authority granted by chapter three Time extended. hundred and twenty-eight of the acts of the year eighteen hundred and ninety-five to the Western Hampshire Street Railway Company, which was to cease as to the locations granted by said act in the towns named therein in case no part of the proposed road was built and put in operation at the end of five years from the passage of the said act, is hereby granted anew to the said company, with the same force and effect and upon the same terms provided for and imposed by said chapter; but this authority shall cease in case no part of the proposed railway has been built and put in operation at the end of two years from the passage of this act.

SECTION 2. This act shall take effect upon its passage.
Approved April 18, 1902.

AN ACT RELATIVE TO THE WRIT OF HABEAS CORPUS.

Be it enacted, etc., as follows:

Chap.324

corpus may

proceedings

is in question.

SECTION 1. Any court which has jurisdiction of libels Writ of habeas for divorce or for nullity of marriage, of petitions for issue in certain separate support or maintenance, or of any other pro- when custody, ceeding in which the care and custody of any child or etc., of children children is drawn in question, may issue a writ of habeas corpus when necessary in order to bring before it such child or children. The writ may be made returnable forthwith before the court by which it is issued, and, upon its return, said court may make any appropriate order or decree relative to the child or children who may thus be brought before it.

SECTION 2. This act shall take effect upon its passage.
Approved April 18, 1902.

Chap.325

Metropolitan Park Assessment Loan.

Certain provisions of law to apply.

AN ACT RELATIVE TO THE PAYMENT OF CERTAIN ASSESSMENTS BY
THE CITIES AND TOWNS IN THE METROPOLITAN PARKS DISTRICT.

Be it enacted, etc., as follows:

SECTION 1. In order to relieve cities and towns of the metropolitan parks district in providing for the several assessments required, or which may be required of them, for the years nineteen hundred and nineteen hundred and one, as estimated by the treasurer of the Commonwealth, in accordance with the provisions of chapter four hundred and nineteen of the acts of the year eighteen hundred and ninety-nine to meet the interest and sinking fund requirements of the appropriations and loans authorized by the several acts relative to the metropolitan park commission, any such city by its city council, and any such town, by vote thereof at any regular or special town meeting, is hereby authorized to issue from time to time, beyond the limit of indebtedness fixed by law for such city or town, notes, scrip or bonds, to be denominated on the face thereof, Metropolitan Park Assessment Loan, to the amount estimated by said treasurer for said two years, or for any part of said amount, bearing interest not exceeding four per cent per annum, payable semi-annually; the principal to be payable at periods of not more than thirty years from the issuing of such notes, scrip or bonds, respectively. The proceeds of such notes, scrip or bonds shall be used for the payment of the said assessments.

SECTION 2. The provisions of sections thirteen, fourteen and fifteen of chapter twenty-seven of the Revised Laws shall, so far as they may be applicable, apply to the loans aforesaid.

SECTION 3. This act shall take effect upon its passage.
Approved April 18, 1902.

Chap.326 AN ACT TO AUTHORIZE THE CITY OF FALL RIVER TO DISCONTINUE

Part of Oak Grove Cemetery in Fall River

may be discon

THE USE FOR CEMETERY PURPOSES OF A PART OF OAK GROVE
CEMETERY.

Be it enacted, etc., as follows:

SECTION 1. The city of Fall River is hereby authorized to lay out and construct the way known as Oak tinued for ceme- Grove avenue in and through the burial ground known as Oak Grove Cemetery, and to discontinue the use for cemetery purposes of that part of said burial ground over

tery purposes,

etc.

part of said

That part of

which said way passes, and also of that
cemetery which lies easterly of said way.
said burial ground the use of which for cemetery pur-
poses is hereby authorized to be discontinued shall be
enjoyed and possessed by the city of Fall River to the
same extent as if it had not been declared to be held for
or dedicated as a cemetery.

SECTION 2.

This act shall take effect upon its passage.
Approved April 18, 1902.

AN ACT RELATIVE TO CONDUCTING THE BUSINESS OF A DECEASED

PHARMACIST BY HIS WIDOW, EXECUTOR OR ADMINISTRATOR.

Be it enacted, etc., as follows:

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Chap.327

physicians

tions, etc.

SECTION 1. Section twenty-three of chapter seventy- R. L. 76, § 23, six of the Revised Laws is hereby amended by adding at amended. the end thereof the words: - who may also be considered qualified to receive a sixth class license to be exercised upon said premises of said deceased or incapacitated pharmacist under the registered licensee's personal supervision. The provisions of section twenty-two of chapter one hundred, so far as they may be inconsistent herewith, shall not apply to licenses issued hereunder, — so as to read as follows: Section 23. The provisions of sections Not to apply to twenty-one to twenty-nine, inclusive, of chapter one putting up their hundred, section twenty-six of chapter seventy-five and own prescrip section two of chapter two hundred and thirteen shall not apply to physicians who put up their own prescriptions or dispense medicines to their patients; nor to the sale of drugs, medicines, chemicals or poisons at wholesale only; nor to the manufacture or sale of patent and proprietary medicines; nor to the sale of non-poisonous domestic remedies usually sold by grocers and others; nor shall any unregistered member of a copartnership be liable to the penalties hereof if he retails, compounds for sale or dispenses for medicinal purposes drugs, medicines, chemicals or poisons only under the personal supervision of a registered pharmacist. The widow, executor or administrator of a registered pharmacist who has died or the wife of one who has become incapacitated may continue his business under a registered pharmacist, who may also be considered qualified to receive a sixth class license to be exercised upon said premises of said deceased or incapacitated pharmacist under the registered licensee's

Business may

be continued by

widow, etc.,

in certain cases.

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