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Section 10,

Section 11,

fish not

and

repealed.

amended.

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tion; and the inspector shall brand or stencil all such casks CHAP. 70 with the name of the inspected fish as aforesaid.' Section 4. Section ten of said chapter is hereby repealed.

repealed. Section 5. Section eleven of said chapter is hereby amended by inserting after the word “damaged” in the seventh line amended. thereof the words 'unless sold as such,' so that said section, as amended, shall read as follows: Section 11. Whoever sells in the state, or exports there- Penalty for

selling or from any fish in barrels or boxes, not inspected, packed and exporting branded, as aforesaid, except good and wholesome fish packed inspected in kegs of less than ten gallons, or pickled, dry or smoked fish branded. imported into the state from some other state or country lawfully inspected and branded there, and whoever sells or exports unlawfully any fish known by him to be tainted or damaged, unless sold as such, forfeits ten dollars for every hundred weight thus sold or exported.'

Section 6. Section twelve of said chapter is hereby repealed. Section 12,

Section 7. Section thirteen of said chapter is hereby Section 13, amended by striking out all of said section before the word "and" in the sixth line thereof, and inserting in place thereof the words ‘Whoever ships or receives on board any vessel or other carriage for transportation from the state, any pickled fish in barrels, parts of barrels, or casks, not inspected and branded or stenciled as aforesaid, forfeits not less than fifty dollars for each offense,' so that said section, as amended, shall read as follows:

‘Section 13. Whoever ships or receives on board any vessel Forfeiture or other carriage for transportation from the state, any pickled or receiving fish in barrels, parts of barrels, or casks, not inspected and any pickled branded or stenciled as aforesaid, forfeits not less than fifty dol- spected anu lars for each offense, and any trial justice may issue his warrant aforesaid. to the proper officer, directing him to seize and secure such prohibited fish, and convey it to any inspector within a convenient distance for inspection; and whoever refuses to give necessary

-penalty aid in the service of such warrant when required by the officer, for refusing forfeits five dollars to the prosecutor in an action of debt; and officer. such inspector shall open, inspect, pack and brand such fish according to law, and detain the same until all lawful charges of seizure and inspection are paid.'

Section 8. Section fourteen of said chapter is hereby Section 14, amended by striking out of the first line thereof the word "box,' and inserting in place thereof the word 'barrel;' also by striking out of the second line thereof the words "cured, or smoked ;" also by striking out of the third line thereof the words "or any smoked herring lawfully branded;" also by striking out of

branded as

to aid

amended.

CHAP. 71 the fifth line thereof the word "box" and inserting in place

thereof the word 'barrel;' also by striking out of the ninth line thereof the words "twenty dollars" and inserting in place thereof the words 'one dollar;' also by striking out of the same said ninth line thereof the word "box" and inserting in place thereof the word “barrel;' also by adding at the end of said section the words ‘but any inspector may, after a satisfactory examination, brand such packages, thereby becoming responsible for the quality of the contents as represented by his brand;' so that said section, as amended, shall read as follows:

'Section 14. If any person takes from a cask or parrel, any Penalty for substituting pickled fish lawfully inspected and branded, and substitutes inspected. therefor or fraudently intermixes other fish; or if any inspector

marks any cask or barrel out of his own town, or which he has not inspected, packea, and himself prepared according to law; permits other persons unlawfully to use his brands, or willfully and fraudently uses the same himself after the expiration of his commission, he forfeits one dollar for each cask or barrel so dealt with; but an inspector may, after a satisfactory examination, brand such packages, thereby becoming responsibie for the quanty of the contents as represented by his brand.'

Approved March 15, 1899.

Chapter 71.
An Act to amend Section fourteen of Chapter sixty-three of the Revised Statutes

relating to Registers of Probate.

Section 14, chapter 63, R. S., amended.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Section fourteen of chapter sixty-three of the revised statutes is herevy amendeu by auuing after the woru wereon” in the ninth line the following words: 'And every register, having executed such bond shall file it in the office of the clerk of the county commissioners of his county, to be presented to them at their next meeting for approval, and after the bond has been so approved the clerk shall record it and certify the fact thereon, and retaining a copy thereof, deliver the original to the register, who shall deliver it to the treasurer of the county, within ten days after its approval, to be filed in his office, so that said section, as amended, shall read as follows:

'Section 14. Registers of probate are elected or appointed as provided in the constitution. Their election is effected and determined as is provided respecting county commissioners by

Registers, how elected, oath, bond, powers and duties.

chapter seventy-eight, and they enter upon the discharge of their CHAP. 72 duties on the first day of January following; but the term of those appointed to fill vacancies commences immediately. All registers, before acting, shall be sworn, and give bond to the treasurer of their county with sufficient sureties, in not less than one hundred, nor more than one thousand dollars, at the dicretion of the judge, who shall certify his approval thereon; and every register, having executed such bond shall file it in the office of the clerk of the county commissioners of his county, to be presented to them at their next meeting for approval, and after the bond has been so approved, the clerk shall record it and certify the fact thereon, and retaining a copy thereof, deliver the original to the register, who shall deliver it to the treasurer of the county, within ten days after its approval, to be filed in his office; they have the care and custody of all files, papers and books belonging to the probate office; and shall duly record all wills proved, letters of administration or guardianship granted, bonds approved, accounts allowed, and such orders and decrees of the judge, and other matters, as he directs.'

Approved March 15, 1899.

Chapter 72.

An Act to amend Section two of Chapter eighty of the Revised Statutes, relating

to Sheriffs and their deputies.

amended.

Bond must

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Section two of chapter eighty of the revised statutes is hereby Section 2. amended by striking out in the first line the words "within such chapter 80, term" so that said section, as amended, shall read as follows:

‘Section 2. Every sheriff, having executed such bond, shall file it in the office of the clerk of the county commissioners of his be approved county, to be presented to them at their next meeting for commis

sioners, and approval, and after the bond has been so approved, the clerk filed with shall record it and certify the fact thereon, and retaining a copy thereof, deliver the original to the sheriff, who shall deliver it to the treasurer of state, within twenty days after its approval, to be filed in his office.'

Approved March 15, 1899.

CHAP. 73

Chapter 73.
An Act to amend Chapter two hundred and eighty-two of the laws of eighteen

hundred and eighty-nine, relating to Railroad Crossings.

Chapter 282, public laws 1889, amended.

Ways, crossing railroad tracks, how laid out.

-manner and conditions of crossing, to be determined by railroad commissioners.

-expense of building, how borne.

-commissioners shall report to railroad corporations and municipal officers.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Section 1. Section twenty-seven of chapter eighteen, as amended by chapter two hundred and eighty-two of the laws of eighteen hundred and eighty-nine, is hereby amended, so as to read as follows:

‘Section 27. Town ways and highways may be laid out across, over or under any railroad track, in the same manner as other town ways and highways, except that before such way shall be constructed, the railroad commissioners, on application of the municipal officers of the city or town wherein such way is located, or of the parties owning or operating the railroad, shall, upon notice and hearing, determine whether the way shall be permitted to cross such track at grade therewith or not, and the manner and conditions of crossing the same and the expense of building and maintaining so much thereof as is within the limits of such railroad shall be borne by such railroad company, or by the city or town in which such way is located, or shall be apportioned between such company and city or town, as may be determined by said railroad commissioners. Said commissioners shall make a report in writing of their decision thereupon, file the same in their office and cause to be sent by mail or otherwise to each of the railroad corporations, and the municipal officers of the city or town as the case may be, interested therein, a copy of such decision. Such decision shall be final and binding upon all parties unless an appeal therefrom shall be taken and entered to the next succeeding term of the supreme judicial court, to be held in the county where the crossing is located, more than thirty days after the date of the filing of the report. The appellant shall within fourteen days from the date of the filing of such report, file in the office of the board of railroad commissioners, its reasons for appeal and fourteen days at least before the sitting of the appellate court, it shall cause to be served upon such other interested corporations or municipality a copy of such reasons for appeal, certified by the clerk of the board of railroad commissioners. The presiding justice, at such term of court, shall make such order or decree thereon as law and justice may require. Exceptions may be taken to such order or decree. The final adjudication shall be recorded as provided in section thirty of this chapter. Costs may be taxed and allowed to either party at the discretion of the court.'

-appeal may be taken to supreme judicial court.

--presiding justice may make such order as law and justice require.

-costs, how taxed.

tion to

commis

Section 2. Section three of chapter two hundred and eighty- CHAP. 74 two of the laws of eighteen hundred and eighty-nine is hereby Section 3,

amended. amended, so as to read as follows: 'Section 3. Highways and other ways may be raised or

Ways may

be raised lowered for the purpose of permitting a railroad to pass over or

or lowered,

on applicaunder the same, or the course of the same may be altered so as railroad to facilitate any crossing, or to permit a railroad to pass at the sioners. side thereof, on application to the railroad commissioners, and proceeding as provided by section twenty-seven of chapter eighteen as amended by this act, and for such purposes, land may be taken and damages awarded as provided for laying out highways and other ways.'

Section 3. This act shall take effect when approved.

Approved March 15, 1899.

Section 3,

Chapter 74. An Act to amend Section three of Chapter two bundred and sixteen, Public Laws of eighteen hundred and ninety-three, as amended by Chapter two hundred and ninety-five, Public Laws of eighteen hundred and ninety-seven, relating to discontinuing schools and conveying school children.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Section three of chapter two hundred and sixteen, public laws of eighteen hundred and ninety-three, as amended by chapter chapter 216,

public laws two hundred and ninety-five, public laws of eighteen hundred 1893, as

amended by and ninety-seven, is hereby further amended by inserting after chapter 295, the word “as,” in the last line of section three, the words ‘in the 1897, further

amended. judgment of the superintending school committee shall,' and striking out the word "to" before the words "render such conveyance necessary," so that said section, when amended, shall read as follows: ‘Section 3. This act shall not abolish or change the location

Act shall of any school legally established at the time of its passage; but not change any town at its annual meeting, or at a meeting called for the any school purpose, may determine the number and location of its schools, tablished. and may discontinue them or change their location; but such metowns may discontinuance or change of location shall be made only on the numher and written recommendation of the superintending school committee, recommenand on conditions proper to preserve the just rights and privi- mittee.

school comleges of the inhabitants for whose benefit such schools were established; provided, however, that in case of any school hav- of schools

-operation ing, as now established, or which shall hereafter have, too few tricts may scholars for its profitable maintenance, the superintending pended.

in small dis

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