Franklin Fiske Heard Massachusetts.

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Essex, shall form one district, to be called district number six.

Number Seven. The cities of Gloucester, Haverhill, Newbury ix)rt. District
and Salem, and the towns of Amesbury, Beverly, Boxford, Bradford, Number seven.
Danvers, Essex, Georgetown, Groveland, Hamilton, Ipswich, Lj'nn-
field, Manchester, Marblehead, Merrimac, Middleton, Newbur3-, Pea-
bod}', Rockport, Rowley, Salisbury, Topsfield, Wenham, and West
Newbury, in the county of Essex, shall form one district, to be called
district number seven.

Number Eight. The cit3' of Lawrence, and the towns of Methuen, District
North Andover, and Andover, in the county of Essex, the city of N"°^^ Eight.
Lowell, and the towns of Acton, Ashby, Ayer, Bedford, Billerica,
Boxborough, Carlisle, Chelmsford, Conooixi, Dracut, Dunstable, Gro-
ton, Littleton, North Reading, Pepperell, Shirley, Stow, Tewksbury,
Townsend, Tyngsborough, Westford, and Wilmington, in the count}-
of Middlesex, and the towns of Bolton, Harvaixi, Lancaster, and
Lunenburg, in the county of Worcester, shall form one district, to be
called district number eight.

Number Nine. The towns of Blackstone, Mendon, Milford, West- Dirtrict
borough, Southborough, Northborough, Berlin, and Clinton, in the N^^^' ^in*^
county of Worcester, and the towns of Brookllne, Dedham, Dover,
Franklin, Medfield, Medway, Needham, Norwood, Wellesley, Wal-
pole, Norfolk, Foxborough, Wrentham, Bellingham, and Hyde Park,
in the county of Norfolk, and the towns of Ashland, Framingham,
HoUiston, Hopkinton, Natick, Sherbom, Wayland, Weston, Hudson,
Marlborough, Sudbury, Maynard, and Lincoln, and the city of New-
ton, in the county of Middlesex, shall form one district, to be called
district number nine.



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152



Statutes, 1882. — Chaptees 254, 255.



Dlstriot
Kamber Ten.



District Num.
ber Eleven.



District Num-
ber Twelve.



Repeal.



Number Ten. The towns of Auburn, Barre, Bo3'lston, Brookfield,
Charlton, Douglas, Dudley, Grafton, Ilardwick, Holden, Leicester,
Millbury, New Braintree, Northbridge, North Brookfield, Oakham,
Oxford, Paxton, Princeton, Rutland, Shrewsbur}', Southbridge,
Spencer, Sterling, Sturbridge, Sutton, Upton, Uxbridge, Warren,
Webster, West Boylston, West Brookfield, and the city of Worcester,
and the towns of Biimfield, Holland, and Wales, in the county of
Hampden, shall form one district, to be called district number ten.

Number Eleven. All the towns in the county of Franklin, all the
towns in the county of Hampshire, the cit}" of Holyoke, in the county
of Hampden, the towns of Ashburnham, Athol, Dana, Gardner, Hub-
bardston, Leominster, Petersham, Phillipston, Royalston, Templeton,
Westminster, Winchendon, and the city of Fitchburg, in the county
of Worcester, shall form one district, to be called district number
eleven.

Number Twelve. All the towns in the count}- of Berkshire, the
towns of Agawam, Blandford, Chester, Chicopee, Granville, Hamp-
den, Longmeadow, Ludlow, Monson, Montgomer}', Palmer, Russel,
Southwick, Tolland, Westfield, West Springfield, Wilbraham, and the
cit3' of Springfield, in the county of Hampden, shall form one district,
to be called district number twelve.

Sect. 3. All Agts inconsistent herewith are repealed. This Act
shall take effect upon its passage. May^ 25, 1882.



CHAPTER 254.



Proceeding of
town meeting
cooflrmed.



AN ACT TO CONFIRM THE PROCEEDINGS OF THE TOWN MEETING
OF THE TOWN. OF HOPKINTON.

Section 1. The proceedings of the town meeting of the town of
Hopkinton, held on the twenty-foui-th da}'^ of April in the year
eighteen hundred and eighty-two, shall not be invalid by reason of
failure to notifj' and hold said meeting in accordance with the bj'-laws
of said town.

Seot. 2. This Act shall take effect upon its passage. May 25,
1882.



CHAPTER 255.



AN ACT AUTHORIZING TOWNS AND CITIES TO PROVIDE FOB
THE PRESERVATION AND REPRODUCTION OF FORESTS.



Preservation
and culture of
forest trees
by cities and
towns.



Section 1. The voters of any town, at a meeting legally called
for the purpose, and the city council of any city, may, for the purpose
of devoting a portion of the territor}' of such town or city to the
preservation, reproduction, and culture of forest trees for the sake of
the wood and timber thereon, or for the preservation of the water
supply of such town or city, take or purchase any land within the
limits of such town or city, may make appropriations of money for
such taking or purchase, ma}' receive donations of money or land for
the said puqjoses, and may make a public domain of the land so de-
vote<i, subject to the regulations hereinafter prescribed. The title of
all lands so taken, purchased or received shall vest in the Common-
wealth, and shall be held in perpetuity for the benefit of the town or
city in which such land is situated.



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Statutes, 1882. — Chapter 255.* 153

Sect. 2. A town or city taking land under this Act shall, within DetMsription of
sixty days after such taking, file and cause to be recorded in the Sbe^^dSf
i-egistry of deeds for the county or district in which the land is situ- in the registry
ated a description thereof sufficiently accurate for identifying the ®'^®*^
same. In case such town or city and the owner of such land do not
agree upon the damage occasioned by such taking, such damage shall
be ascertained and determined in the manner provided in case of the
taking of land for a highway in such town or cit}-, and such town or
city shall thereupon pay such sums as may finally be determined to be
due.

Sect. 3. The state board of agriculture shall act as a board of Board of for-
forestr}', without pay, except for necessary travelling expenses, and ^Sout^r
shall have the supervision and management of all such public domains,
and shall make all necessar}' regulations for their care and use and for
the increase and preservation of the timber, wood, and undergrowth
thereon, and for the planting and cultivating of trees therein. The andshaUap-
said board shall appoint one or more persons, to be called keepers, to !»*»' J^«ep«"-
have charge, subject to its direction, of each such public domain, en-
force its regulations and perform such labor thereon as said board shall
require ; and said keepers shall have the same power to protect such
domain from injury and trespass, and to keep the peace therein as
constables and police officers in towns.

Sect. 4. Said board may lease any building that may be on any Mavieam
such public domain on such terms as it shall deem expedient All J^d^"** ^^
sums which may be derived from rents and from the sale of the pro- proceede of
ducts of any such domain shall be paid to said board and shall be Jh^^i^Je^pJlJ]'^
applied b\^ it, so far as necessary, to the management, care, cultiva- board,
tion, and improvement of such domain ; and any surplus remaining in
any year shall be paid over to the city or town in which such domain
is situated. Said board shall not, however, expend upon or on account *
of any such public domain in any year a greater amount than it re-
ceives -as aforesaid.

Sect. 5. A cit}* or town in which smy such public domain is situ- BuUdinm for
ated may erect thereon any building for public instruction or recreation, lSJSation*may
provided that such use thereof is not in the judgment of said board be buut.
inconsistent with the purposes expressed in section one.

Sect. 6. No land shall be taken or purchased, no building shall be Noiandshau
erected on any such domain, and no expenditures shall be authorized or ^rehaMdwntii
made, or liability be incurred under this Act bj* any city or town until appropriation
an appropriation sufficient to cover the estimated expense thereof shall ™ ®'
in a town have been made b}' a vote of two-thirds of the legal voters
of such town present and voting in a legal town meeting called for the
purpose, or in a cit}' by a vote of two-thirds of each branch of the city
council of such city ; such expenditures shall in no case exceed the
appropriations made therefor, and all contracts made for expenditures
beyond the amount of such appropriations shall be void ; and all ex-
penditures under this Act shall be subject to the laws of this Common-
wealth limiting municipal indebtedness.

Sect. 7. For the purpose of defraying the expenses incurred under Bondgmay be
the pro>dsions of this Act, any town or the city council of any city [Jf^^^^n'!.®*"
may issue from time to time, and to an amount not exceeding the sum curred.
actuall}' expended for the taking or purchase of lands for such public
domain, bonds or ceitificates of debt, to be denominated on the face
thereof the " Public Domain Loan," and to bear interest at such rates
and to be payable at such times as such town or city council may de-
termine; and for the redemption of such loan such town or cit}'
council shall establish a sinking fund, sufficient, with the accumulating
interest, to provide for the payment of such loan at maturit}'. All sinking ftiDd.
amounts received on account of such public domain shall be paid into

20



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154



Statutes, 1882. — Chapters 266, 257.



such sinking fund until such fund shall amount to a sum sufficient,
with its accumulations, to pay at maturity the bonds for the security
of which the fund was established.

Sect. 8. This Act shall take effect upon its passage. May 25,
1882.



CHAPTER 256.

AN ACT FOB THE PEESERVATION OP BOSTON HAB60B AND OF
THE PUBLIC HEALTH IN THE CITY OP BOSTON.



DlBcharge of
sewage.



Section 1. No part of the contents of the main sewer now or
hereafter to be constructed running south-easterly from the direction
of Charles River in the city of Boston shall be discharged at or near
the shore of the Calf Pasture, so called, in Dorchester Bay, or at any
place in Boston Harbor or vicinity except at Moon Island. The Su-
preme Judicial Court or any justice thereof upon the petition of not
less than ten taxable inhabitants of the cit\' of Boston may restrain
b}' injunction or otherwise any violation of the provisions of this
Act.

Sect. 2. This Act shall take effect upon its passage. May 26,
1882.



CHAPTER 257.



Salaries of
assifltant clerks
of Senate and

HOOM.



Compensation
of messengers,
etc



Compensation
of pages.



Doorkeepers,
mefisengers, etc.
shall not ex-
ceed thirty-two
in number.
Pub. Sts. ch. 2,
§ 27, amended.



» AN ACT TO FIX THE COMPENSATION OF THE ASSISTANT CLERKS,
DOOBKEEPEBS, ASSISTANT DOOBKEEPBBS, POSTMASTEB, MES-
SENGEBS, AND PAGES OF THE SENATE AND HOUSE OF
B^PBESENTATIVES.

Section 1. The assistant clerks of the Senate and House of Repre-
sentatives shall receive an annual salary of twelve hundred dollars
each from and after the first day of January in the year eighteen
hundred and eighty-two.

Sect. 2. The compensation of the messengers of the Senate and
House of Representatives shall be five dollars for each day's service,
excluding Sundays; and the doorkeepers, assistant doorkeepers, and
postmaster shall receive the same compensation as the messengers,
and one hundred dollars each in addition for the regular annual session
of the Legislature.

Sect. 3. The compensation of the pages of the Senate and House
of Representatives shall be three dollars for each day's service, ex-
cluding Sundays.

Sect. 4. Section twenty-seven of chapter two of the Public Statutes,
fixing the number of doorkeepera, assistant doorkeepers, messengera
and pages of the Senate and House of Representatives is hereby
amended b}^ striking out the word " twenty-five," and inserting in the
place thereof the word " thirty-two."

Sect. 5. This Act shall apply to the current annual session, and
shall take efi(Bct upon its passage. May 26, 1882.



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Statutes, 1882. — Chaptbes 258, 269, 260. 155

CHAPTER 258.

AN ACT BELATING TO THE FEES FOR LICENSES OF KEEPERS
OF INTELLIGENCE OFFICES, DEALERS IN VARIOUS ARTICLES,
AND KEEPERS OF BILLIARD, POOL, AND SIPPIO ROOMS AND
BOWLING-ALLEYS.

Section 1. Section one hundred and twentj'-four of chapter one Fee«foriiccMe«
hundred and two of the Public Statutes relating to licenses granted to towM?**"*^
keepers of intelligence offices, dealers in junk, old metals, and second- ^\^,^*^
hand articles, pawnbrokers, and keepers of billiard saloons, pool or ameuded.'
sippio tables or rooms, and bowling-alle3's, is amended by striking out
the last sentence of said section, beginning with the words " The
clerk," and substituting therefor the following words: "The board
issuing such a license shall receive for the use of the city or town for
each license such sum not less than two dollars, and in the city of Fees in the diy
Boston for a pawnbroker's license such sum not less than ten dollars, *>'^<****"*
as the board shall deem reasonable."

Sect. 2. This Act shall take effect upon its passage. May 26^
1882.



CHAPTER 259.

AN ACT RELATIVE TO OBSTRUCTING THE VIEW OP PREMISES
LICENSED FOR THE SALE OF INTOXICATING LIQUORS, AND
THE STATEMENTS OF SURETIES ON BONDS.

Section 1. Section twelve of chapter one hundred of the Public Pub. st8.ch.
Statutes is amended by adding at the end thereof the following imendal
words : — or with a view of the interior of said premises ; and the ^*^^ rwmiii'
placing or maintaining of any of said obstructions shall of itself Ts ota^rSctS. *
make the license void. iMMJSm.

Sect. 2. Section thirteen of said chapter is hereby amended by pub.sta.ch.
adding after the word " evidence," in the thirteenth line, the following J^'J^JJ^

words : — Statemente of

No bond given under the provisions of said chapter shall be ac- JSJ^f"****
cepted or approved until each surety has made and subscribed a *

sworn statement that he is worth not less than two thousand dollars
over and above all liabilities and indebtedness, and the statement so
made shall designate sufficient property, real or personal, to cover the
requirement of the bond, and shall be kept on file with the bond in
connection with which said statement is made.

Sect. 8. This Act shall take effect upon its passage. May 26,
1882,



CHAPTER 260.

AN ACT TO PREVENT THE COUNTING OF DETACHED " STICKERS,"
SO CALLED, AS BALLOTS.

Whenever at any election in this Commonwealth the inspectors of «'sticke«"
election or other officers, appointed by law to receive, count, and make TOSntSd'wW
return of votes, shall find among the ballots cast at such election any lots,
separate strip or piece of paper having a surface of less than six
square inches, and bearing upon one side the printed name or names



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156



Statutes, 1882. — Chapters 261, 262.



of a candidate or candidates for office, and bearing upon the other side
any adhesive substance, or other indication that such strip or piece of
paper was designed to be superimposed upon a ballot as a " sticker,"
so called, such separate strip or piece of paper shall not be counted as
a ballot ; but all such strips or pieces of paper shall be placed in a
separate sealed envelope and preserved in tiie manner by law pro-
vided for the preservation of ballots. May 26, 1882,



CHAPTER 261.



Proceedings at
town meeting
oonflrmed.



AN ACT TO CONFIRM THE PROCEEDINGS OF THE ANNUAL TOWN
MEETING OF THE TOWN OF TYRINGHAM.

Section 1. The proceedings of the annual town meeting of the
town of Tyringham, held on the first Mouda^'^ in April in the year
eighteen hundred and eighty-two, shall not be invalid for the reason
that the check list was not used at said meeting in the election of
moderator and town officers, and said election of town officers is rati-
fied and confirmed.

Sect. 2. This Act shall take efi^ect upon its passage. May 26,
1882.



CHAPTER 262.



Estate In Bos-
ton may be
taken to pro-
Tide accommo-
dations for the
departments of
the Common-
wealth.



Damage* shall
be estimated by
the goTemor
and council.



Party agsrleTc
may apply for
Jury.



Pub.su. eh. 49.



^tate may be



AN ACT TO PROVIDE ACCOMMODATIONS FOR THE VARIOUS
DEPARTMENTS OF THE COMMONWEALTH.

Section 1. In order to provide accommodations for the various de-
partments of the Commonwealth, the governor with the advice and
consent of the council may purchase or take in fee simple, in behalf
of the Commonwealth, the estate in the cit}' of Boston bounded by
Mount Vernon and Bowdoin Streets and Beacon Hill Place, known as
the Way estate, or such. other estate or estates as the governor and
council may deem best.

Sect. 2. If any estate is taken under the provisions of this Act,
the damages sustained by any persons in their property b}' reason of
such taking shall be estimated by the governor with the advice and
consent of the council, and a certificate of the taking, giving a descrip-
tion of the property sufficiently accurate for identification, and of the
share of damages sustained by each person, shall within thirty da3-s
from such taking be posted on the premises so taken, and shall also
be recorded in the registry of deeds for the county of SuflTolk. At any
time within one year from the time when the certificate is recorded as
aforesaid any party aggrieved by the doings of the governor and
council in the estimation of damages, may by petition to the Superior
Court apply for a jur^' to determine the matter of his complaint, and
the proceedings thereon shall be governed by the provisions of chapter
forty-nine of the Public Statutes. The amount which shall be found
due under such purchase or taking shall be paid from the treasury of
the Commonwealth.

Sect. 3. If the governor by the advice and consent of the council
finds that the purchase or taking of any estate is inexpedient, be may
by lease for a term not exceeding five j-ears secure such accommodations
for the various departments of the Commonwealth as may be deemed
necessary and proper. May 26, 1882.



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Statutes, 1882. — Chaptee 263. 157



CHAPTER 263.

AN ACT BELATING TO THE ADULTEBATION OP FOOD AND

DRUGS.

Section 1. No person shall, within this Commonwealth, manu- Adulterated
facture for sale, offer for sale, or sell any drug or article of food which SSoi'SSt be"^
is adulterated within the meaning of this Act. sold.

Sect. 2. The term " drug " as used in this Act shall include all Construction
medicines for internal or external use, antiseptics, disinfectants, and ?/dnfg^ mSi
cosmetics. The term '' food" as used herein shall include all articles "fool"
used for food or drink by man.

Sect. 3. An article shall be deemed to be adulterated within the what shall be

»«^»»:»/« ^^4-k:« a ^4. deemed tobeau

meaning Ot this Act, — adulteration.

(a) In the case of drugs, — (1.) If, when sold under or by a name
recognized in the United States pharmacopoeia, it differs from the
standard of strength, quality, or purity laid down therein; (2.) If,
when sold under or by a name not recognized in the United States phar-
macopoeia but which is found in some other pharmacopoeia, or other
standard work on materia medica, it differs materially from the stan-
dard of strength, qualit}', or purit}' laid down in such work; (3.) If
its strength or purity falls below the professed standard under which
it is sold :

(ft.) In the case of food,*— (1.) If any substance or substances
have been mixed with it so as to reduce, or lower, or injuriously affect
its quality or strength ; (2.) If any inferior or cheaper substance or
substances have been substituted whoJly or in part for it ; (3.) If any
valuable constituent has been wholly or in x)art abstracted from it ;
(4.) If it is an imitation of, or is sold under the name of, another
article ; (5.) If it consists whoU}' or in part of a diseased, decom-
ix>sed, putrid, or rotten animal or vegetable substance, whether manu-
factured or not: or, in the case of milk, if it is the produce of a
diseased animal ; (6.) If it is colored, coated, polished, or powdered,
whereby damage is concealed, or if it is made to appear better or of
greater value than it really is ; (7.) If it contains an}- added poison-
ous ingredient, or an}' ingredient which ma}' render it injurious to the
health of a person consuming it.

The state board of health, lunac}', and charity may from time to state board of
time declare certain articles or preparations to be exempt from the deciare*certain
provisions of this Act; and the provisions hereof shall not apply to articles to be
mixtures or compounds recognized as ordinary articles of food, pro-
vided that the same are not injurious to health, and are distinctly
labelled as mixtures or compounds.

Sect. 4. The state board of health, lunacy, and charity shall pre- shaii publish
pare and publish from time to time lists of the articles, mixtures, or Memptei*^^^
compounds declared to be exempt from the provisions of this Act, in
accordance with the preceding section. The said board shall also
from time to time fix the limits of variability permissible in any article
of food, or any drug, or compound, the standard of which is not
established by any national pharmacopoeia.

Sect. 5. The state board of health, lunacy, and charity shall take May appoint
cognizance of the interests of the public health relating to the sale of miScrinvMU.
drugs and food and the adulteration of the same, and shall make all ^**®°5-^
necessary investigations and inquiries in reference thereto, and for s "fSa, cii.
these purposes may appoint inspectors, analysts, and chemists, who 263, §i.
shall be subject to its supervision and removal.

Within thirty days after the passage of this Act the said board shall Shaii nrepare
adopt such measures as it may deem necessary to facilitate the en- f^i,*?! Srii^^



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158



Statutes, 1882. — Chaptebs 264, 265.



forcement bereof, and shall prepare rules and regulations with regard
to the proper methods of collecting and examining drugs and articles
of food. Said board ma}' expend annually an amount not exceeding
three thousand dollars for the purpose of carrying out the provisions
of this Act.
Samples shall Sect. 6. Every person offering or exposing for sale, or delivering
anifyst^w^*** to a purchaser, any drug or article of food included in the provisions
tender of value, of this Act, shall fumish to any analyst or other officer or agent
appointed hereunder, who shall apply to him for the purpose and
shall tender him the value of the same, a sample sufficient for the pur-
pose of the analysis of any such drug or article of food which is in his
possession.

Sect. 7. Whoever hinders, obstructs, or in an}' way interferes
with an}' inspector, analyst, or other officer appointed hereunder in
the performance of his duty, and whoever violates any of the pro-
visions of this Act, shall be punished by a fine not exceeding fifty
dollars for the first offence and not exceeding one hundred dollars for
each subsequent offence.

Sect. 8. This Act shall take effect at the expiration of ninety days
after its passage. May 26, 1882.



Penaltiee.



When to take
effect.



CHAPTER. 264.



Terra fees In
civil aciioiu.



Court may
designate the
shire town in
which action
■haU be tried.



To take efftet
July 1, 1882.



AN ACT EBLATINQ TO COSTS IN CIVIL ACTIONS.

Section 1 . Parties recovering costs in civil actions in the Supreme
Judicial Court or in the Superior Court, shall be allowed but three
term fees in an}- action unless allowed by oi-der of the court ; b«t if
the action or any question therein is carried to the full bench of the
Supreme Judicial Court, two additional term fees maj' be allowed.

Sect. 2. When an action is brought in an}- count}' containing two
or more shire towns, the court may at the term of entry designate the
shire town in which the same shall be tried ; and it shall not then be
put on the trial list, nor shall costs be allowed for terms held in anj'
other town than the one so designated, unless the action is actually
tried in such other town by* agreement between the parties to the suit

Sect. 3. This Act shall take effect on the first daj- of July in the
year eighteen hundred and eighty-two. May 26, 1882.



CHAPTER 265.

AN ACT EELATIVB TO THE ESTABLISHMENT OP RAILROAD

CORPORATIONS.



ProceerlincB to
be suspended
aniees oomroia-
aionera certify
that necenity
requires the
road to be built
Pub. Ste. ch.
112, §§84, 36, 38,
37, 3».



Section 1. When articles of association have been entered into
under section thirty-four of chapter one hundred and twelve of the
Public Statutes, with the intention of forming a railroad corporation,



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