maps shall be satisfactory to and approved in writing by the city engineer before any opening shall be made in any such street or highway under such authority.

SECTION 10. The mayor and aldermen of the city shall constitute a board of appeal, to which petitions in writing may be presented by any person, firm or corporation aggrieved by any act or decision of said officer or officers done or made in pursuance of this act. Such petition shall set forth the specific grievance or grievances relied upon, and shall be filed with the mayor of the city within ten days after the act or decision complained of was done or made; and said board after due notice given as prescribed in section three of this act shall give a hearing thereon, and may either approve, annul, modify or overrule such act or decision. SECTION 11. The supreme judicial court or the superior court or any justice thereof shall, on petition of said officer or officers or of any person, firm or corporation affected by the provisions of this act, have jurisdiction in equity to enforce the provisions of this act or any order of said officer or officers issued thereunder and to compel compliance therewith.

SECTION 12. Whenever the city shall be authorized to take by purchase or otherwise the underground conduits constructed hereunder, and the city shall determine to become the owner of the same, they shall be paid for at a fair cash value.

SECTION 13. This act shall take effect upon its passage. [Approved April 23, 1907.

[CHAPTER 373.]

An Act relative to granting Licenses to Engineers and Firemen. Be it enacted, etc., as follows:

SO

SECTION 1. Section seventy-eight of chapter one hundred and two of the Revised Laws is hereby amended by inserting after the word "boilers", in the third, fifth and sixth lines, and before the word "under", in the fourth line, the words: and engines, as to read as follows: - Section 78. No person shall have charge of or operate a steam boiler or engine in this Commonwealth, except boilers and engines upon locomotives, motor road vehicles, boilers and engines in private residences, boilers in apartment houses of less than five flats, boilers and engines under the jurisdiction of the United States, boilers and engines used for agricultural purposes exclusively, boilers and engines of less than eight horse power, and boilers used for heating purposes exclusively which are provided with a device approved by the chief of the district police limiting the pressure carried to fifteen pounds to the square inch, unless he holds a license as hereinafter provided. The owner or user of a steam boiler or engine, other than boilers or engines above excepted, shall not operate or cause to be operated a steam boiler or engine for a period of more than one week, unless the person in charge of and operating it is duly licensed.

SECTION 2. Section eighty-two of said chapter one hundred and two, as amended by section two of chapter three hundred and ten of the acts of the year nineteen hundred and five, and by chapter four hundred and fourteen of the acts of the year nineteen hundred and six, is hereby further amended by striking out said section and inserting in place thereof the following: Section 82. Licenses shall be granted according to the competence of the applicant and shall be distributed in the following classes: - Engineers' licenses :

First class, to have charge of and operate any steam plant. Second class, to have charge of and operate a boiler or boilers, and to have charge of and operate engines, no one of which shall exceed one hundred and fifty horse power, or to operate a first class plant under the engineer in direct charge of the plant. Third class, to have charge of and operate a boiler or boilers not exceeding in the aggregate one hundred and fifty horse power, and an engine not exceeding fifty horse power, or to operate a second class plant under the engineer in direct charge of the plant. Fourth class, to have charge of and operate hoisting and portable engines and boilers. Firemen's licenses: Extra first class, to have charge of and operate any boiler or boilers. First class, to have charge of and operate any boiler or boilers where the pressure carried does not exceed twenty-five pounds to the square inch, or to operate high pressure boilers under the engineer or fireman in direct charge thereof. Second class, to operate any boiler or boilers under the engineer or fireman in direct charge thereof. Any person holding a first class or second class fireman's license at the time of the passage of this act shall receive a first class fireman's license under this act. A person holding an extra first or first class fireman's license may operate a third class plant under the engineer in direct charge of the plant. A person holding an engineer's or fireman's license who desires to have charge of or to operate a particular steam plant or type of plant may, providing he holds an engineer's or fireman's license, if he files with his application a written request signed by the owner or user of said plant for such examination, be examined as to his competence for such service and no other, and if found competent and trustworthy shall be granted a license for such service and no other. No special license shall be granted to give any person charge of a plant over one hundred and fifty horse power.

SECTION 3. Section eighty-four of said chapter one hundred and two is hereby amended by striking out the said section and inserting in place thereof the following: - Section 84. A person who is aggrieved by the action of an examiner in refusing or revoking a license may appeal therefrom to the remaining examiners, three or more of whom shall together act as a board of appeal, and shall have the power to hear the parties and pass upon the subjects of appeal. If appeal is taken it must be within one month after the decision of the examiner. The appellant may have the privilege of having one first class engineer present during the hearing of his appeal, but he shall take no part therein. The decision of the majority of such examiners so acting as a board of appeal shall be final if approved by the chief of the district police.

SECTION 4. Section eighty-five of said chapter one hundred and two is hereby amended by adding at the end thereof the words: The person in charge of a stationary steam boiler upon which the safety valve is set to blow off at more than twenty-five pounds pressure to the square inch, except boilers upon locomotives, motor road vehicles, boilers in private residences, boilers in apartment houses of less than five flats, boilers under the jurisdiction of the United States, boilers used for agricultural purposes exclusively, and boilers of less than eight horse power, shall keep a daily record of the boiler, its condition when under steam and all repairs made and work done on it, upon forms to be obtained upon application from the boiler inspection department. These records shall be kept on file and shall be accessible at all times to the members of the boiler inspection department, so as to read as follows: Section 85. An engineer's or fireman's license, granted under the provisions of the seven preceding sections or the corresponding provisions of earlier laws, shall be placed so as to be easily read in a conspicuous place in the engine room or boiler room of the plant operated by the holder of such license. The person in charge of a stationary steam boiler upon which the safety valve is set to blow off at more than twenty-five pounds pressure to the square inch, except boilers upon locomotives, motor road vehicles, boilers in private residences, boilers in apartment houses of less than five flats, boilers under the jurisdiction of the United States, boilers used for agricultural purposes exclusively, and boilers of less than eight horse power, shall keep a daily record of the boiler, its condition when under steam and all repairs made and work done on it, upon forms to be obtained upon application from the boiler inspection department. These records shall be kept on file and shall be accessible at all times to the members of the boiler inspection department.

SECTION 5. This act shall take effect on the first day of September in the year nineteen hundred and seven. [Approved May 4, 1907.

[CHAPTER 374.]

An Act to authorize the New Bedford and Onset Street Railway Company to manufacture and sell Electricity for Light and Power. Be it enacted, etc., as follows:

SECTION 1. The New Bedford and Onset Street Railway Company is hereby authorized, with the approval of the board of gas and electric light commissioners, to carry on the business of manufacturing and selling electricity for light and power in the town of Wareham, with all the rights, powers and privileges and subject to all the duties, liabilities and restrictions now or hereafter conferred or imposed by law upon gas and electric light companies. SECTION 2. This act shall take effect upon its passage. [Approved May 4, 1907.

[CHAPTER 375.]

An Act relative to the Recovery of Damages for Death caused by the Negligence of Persons or Corporations, or of the Agents or Servants thereof.

Be it enacted, etc., as follows:

SECTION 1. Section two of chapter one hundred and seventyone of the Revised Laws is hereby amended by striking out the word "gross", in the second line, by striking out the word "five", in the sixth line, and inserting in place thereof the word: ten,

and by striking out the words " one year", in the ninth line, and inserting in place thereof the words: - two years, so as to read as follows: - Section 2. If a person or corporation by his or its negligence, or by the negligence of his or its agents or servants while engaged in his or its business, causes the death of a person who is in the exercise of due care and not in his or its employment or service, he or it shall be liable in damages in the sum of not less than five hundred nor more than ten thousand dollars to be assessed with reference to the degree of his or its culpability or of that of his or its agents or servants, to be recovered in an action

of tort, commenced within two years after the injury which caused the death, by the executor or administrator of the deceased, onehalf thereof to the use of the widow and one-half to the use of the children of the deceased; or, if there are no children, the whole to the use of the widow; or, if there is no widow, the whole to the use of the next of kin.

SECTION 2. This act shall take effect upon its passage. [Approved May 4, 1907.

[CHAPTER 394.]

An Act relative to the Penalty for giving False Weight or Measure. Be it enacted, etc., as follows:

SECTION 1. Whoever, himself or by his servant or agent or as the servant or agent of another person, is guilty of giving false or insufficient weight or measure shall for a first offence be punished by a fine of not more than fifty dollars, for a second offence by a fine of not more than two hundred dollars, and for a subsequent offence by a fine of fifty dollars and by imprisonment for not less than thirty nor more than ninety days.

SECTION 2. All acts and parts of acts inconsistent herewith are hereby repealed. [Approved May 8, 1907.

[CHAPTER 395.]

An Act relative to the Taxation of Business Corporations. Be it enacted, etc., as follows:

SECTION 1. The tax commissioner, in determining for the purposes of taxation the value of the corporate franchise of any corporation which is required to make returns according to the provisions of section forty-five of chapter four hundred and thirtyseven of the acts of the year nineteen hundred and three, shall not take into consideration any debts of such corporation, unless the returns required from it contain a statement duly signed and sworn to, as provided for in said section, setting forth that no part of such debts was incurred for the purpose of reducing the amount of taxes to be paid by it.

SECTION 2. This act shall take effect upon its passage. [Approved May 8, 1907.