sonal estate. corporation may hold real and personal estate to the value Real and perof five hundred thousand dollars, for the purpose mentioned in the first section hereof: provided, however, that said cor- Provisos. poration shall not incur any liability until the sum of one hundred thousand dollars of its capital stock has been paid in in cash; and provided, further, that said corporation shall not carry on the business of keeping a hotel or boarding house, or be in any way interested in such business. SECTION 3. This act shall take effect upon its passage. Approved April 23, 1872. AN ACT TO AUTHORIZE THE ERECTION OF A WOODEN BUILDING Be it enacted, &c., as follows: Chap. 240 and others au building in Bos a musical festi SECTION 1. Alexander H. Rice, Eben D. Jordan, George P. S. Gilmore H. Davis, Patrick S. Gilmore, their associates and successors, thorized to may erect a wooden building within the building limits of the erect a wooden city of Boston, as established under the provisions of chap- ton for holding ter two hundred and eighty of the acts of the year eighteen val. hundred and seventy-one, for the purpose of holding therein a musical festival, said building to be erected under such limitations and restrictions as the city council of said city may direct. SECTION 2. This act shall take effect upon its passage. Approved April 23, 1872. AN ACT TO INCORPORATE THE EAST BOSTON TUNNEL COMPANY. Be it enacted, &c., as follows: Chap. 241 SECTION 1. Albert Bowker, Silas Peirce, Edward F. Corporators. Hodges, Francis E. Faxon, their associates and successors, duties. are hereby made a corporation by the name of the East Name and purBoston Tunnel Company, to be established in the city of pose. Boston; with all the powers and privileges, and subject to all Powers and the duties, restrictions and liabilities set forth in all general laws which now are or hereafter may be in force relating to such corporations. a submarine East Boston. SECTION 2. The said corporation is hereby empowered to May construct dredge and excavate, and to construct, own and maintain a tunnel between submerged or submarine tunnel, between Boston proper and Boston and East Boston, suitable for public travel with teams, carriages and street railway cars, and with such termini, and by such a course, as shall be approved by the harbor commissioners in the manner hereinafter provided; and for that purpose may purchase or take and hold such land or real estate, at either terminus, as may be necessary for convenient approaches to said tunnel, and for toll-houses, stations and other proper purposes. Capital stock and shares. Surveys etc., may be made after the whole subscribed and capital has been three per cent. paid in. Plan of operations to be SECTION 3. The capital stock of said corporation shall not exceed one million dollars, and shall be divided into shares of the par value of one hundred dollars each. SECTION 4. When the whole amount of the capital stock fixed by the corporation shall have been subscribed, and three per centum thereof paid in according to law, said corporation may proceed to make all the surveys and examinations necessary to determine the practicability of and the best method for the construction of said tunnel, and in making such surveys and examinations may enter upon any land or real estate without being guilty of trespass; and may also obtain the proper congressional legislation, and take all the other preliminary steps to carry out the main purpose of this act. But said corporation shall not begin to dredge or excavate for said tunnel otherwise than to bore or dredge experimentally as the harbor commissioners may approve, nor take any land or real estate nor acquire any rights of way under the provisions of this act until at least one hundred thousand dollars of the subscription to said capital stock shall have been paid in as aforesaid. SECTION 5. Said corporation, before beginning to dredge proved by har- or excavate, and before taking any land or real estate or bor commissioners before beginning to dredge or exca vate. Damages for taking land. Tolls may be demanded for passing through the tunnel. acquiring any rights of way as aforesaid, shall present to said harbor commissioners, in writing, the general plan upon which it shall be proposed to construct said tunnel, and its course and termini, with all the necessary drawings and data to enable said commissioners properly to consider the same; and shall obtain the approval of said commissioners thereof in writing, and file the same with a copy of the plan so approved in the office of the secretary of the Commonwealth. SECTION 6. When any land or real estate shall be taken under the provisions of this act, said corporation shall pay all the damages occasioned thereby, and shall proceed in the taking thereof and said damages shall be determined and recovered in the same manner as is provided in the sixty-third chapter of the General Statutes in respect to land and real estate taken by railroad corporations for making or securing their roads, and for depot and station purposes; or in such other manner as may be hereafter provided by the legislature, by an amendment to this act. SECTION 7. Said corporation shall have the right to demand and receive from all persons and parties passing through or using said tunnel, such tolls as may from time to time be fixed by the directors, and of which public notice shall have been given upon conspicuous tablets set up at the termini: provided, however, that the rates of toll shall not Rates of toll. for foot passengers, and for one, two, three and four horse teams and carriages, exceed the average rates upon the ferry formerly of the East Boston Ferry Company, for the five years ending January first in the year eighteen hundred and seventy-two; and provided, further, that the legislature may at any time regulate and fix the rates of toll within such limits as not to reduce the yearly net income of said corporation at such time below eight per cent. on the actual cost to said corporation of said tunnel and its appurtenances. Land occupied by ferries not to out consent of SECTION 8. No land or real estate occupied by the existing East Boston ferries shall be taken by said corporation be taken with. under the provisions of this act, except with the consent of city. the city of Boston. And the city of Boston is hereby authorized at any time after said tunnel is constructed, and within five years therefrom, to purchase of said corporation the said tunnel and its appurtenances, at their cost to said corporation at the time of purchase, with ten per cent. interest on said cost, less the net profits of said corporation from tolls or otherwise. And if said city and said corporation cannot agree upon the amount of said cost, and of said net profits, the same shall be ascertained and determined by the supreme judicial court upon the petition of said city, and after due notice and hearing, with costs at the discretion of the court. Approved April 23, 1872. AN ACT IN RELATION TO THE ASSESSMENT OF BETTERMENTS IN BOSTON. Chap. 242 sioners of Bos estates abut laid out, etc., Be it enacted, &c., as follows: SECTION 1. The board of street commissioners of the Street commiscity of Boston may assess betterments on estates abutting tomay assess on streets laid out, extended or widened, in said city, under betterments on the provisions of chapter four hundred and forty-eight of ting on streets the acts of the year eighteen hundred and sixty-nine, chap- under 1869, 448, ter seventy-nine of the acts of the year eighteen hundred 1870, 79, and and seventy, and chapter ninety-six of the acts of the year eighteen hundred and seventy-one, within one year from the time when the streets so laid out, widened or extended, are graded and opened to public travel. SECTION 2. This act shall take effect upon its passage. Approved April 23, 1872. 96. Chap. 243 AN ACT FOR THE PREVENTION OF FIRE IN CITIES AND TOWNS. Be it enacted, &c., as follows: SECTION 1. Cities and towns may, by ordinances and by- Towns may laws not repugnant to the laws of the Commonwealth, pre- construction of regulate the buildings. By-laws to be in operation scribe rules and regulations for the inspection, materials, construction, alteration and safe use of buildings and structures within their respective limits not owned or occupied by the United States or the Commonwealth, and excepting bridges, quays and wharves, for the purpose of securing the prevention of fire and the preservation of life; and may prescribe penalties, not exceeding one hundred dollars, for each and every violation of any provision of such ordinances or by-laws. SECTION 2. Such ordinances and by-laws may be made upon the whole operative upon and within the whole territory of any city or or part of town. town, or upon and within any prescribed and defined dis S. J. C. may issue injunction trict or districts of such territory. SECTION 3. The supreme judicial court, or any justice to restrain erec- thereof, in term time or vacation, may, by injunction or tion etc., of building con other suitable process in equity, restrain any person or trary to by-law. corporation from constructing, altering, maintaining or using any building or structure contrary to or in violation of any lawful ordinance or by-law made under or by virtue of this act, and may order and enforce the removal, or abatement as a nuisance, of any building or structure constructed, altered, maintained or used in violation of such ordinance or by-law. Subject to adoption by cities and towns. SECTION 4. This act shall not be in force in any city or town unless the city council or the inhabitants of the town shall, by legal vote, decide to adopt the same, and it shall Not to apply to not apply to the city of Boston. Boston. SECTION 5. This act shall take effect upon its passage. Approved April 23, 1872. Chap. 244 AN ACT TO EXTEND AN ACT CONCERNING MANUFACTURING AND Corporation may be formed lic halls. OTHER CORPORATIONS TO HOTELS AND PUBLIC HALLS. Be it enacted, &c., as follows: SECTION 1. The provisions of chapter two hundred and for erection of twenty-four of the acts of the year eighteen hundred and seventy are hereby extended to include and apply to any three or more persons who shall associate themselves together by an agreement in writing, with the intention of constituting a corporation for the purposes of erecting and maintaining a hotel or for the purposes of erecting and maintaining a public hall, with a capital of not less than five thousand nor more than five hundred thousand dollars: provided, that nothing herein contained shall authorize any such corporation to engage in the business of keeping a hotel. SECTION 2. This act shall take effect upon its passage. AN ACT IN ADDITION TO AN ACT TO LEVY TAXES ON CERTAIN INSUR- Be it enacted, &c., as follows: Chap. 245 ance companies make returner 1862, 224, §§ 1, 6. pay taxes under SECTION 1. Insurance companies which are subject to the Certain insurprovisions of chapter two hundred and eighty-three of the not required to acts of the year eighteen hundred and sixty-five, shall not be required to make returns or pay taxes under the provisions of the first and sixth sections of chapter two hundred and twenty-four of the acts of the year eighteen hundred and sixty-two. SECTION 2. This act shall take effect upon its passage. AN ACT IN RELATION TO BETTERMENTS. Be it enacted, &c., as follows: Chap. 246 upon real estate invalid by irreg Any assessment upon real estate, for the benefit and Assessments advantage thereto, from the laying out, altering, widening, for betterments, grading or continuing any way, made prior to the twenty- ularity may sixth day of May in the year one thousand eight hundred be re-assessed. and seventy-one, which is invalid by reason of any error or irregularity in the assessment, and which has not been paid, or which has been paid and recovered back, may be re-assessed by the board qualified to make such assessment, to the amount for which the original assessment ought to have been made, and the same shall be a lien upon the estate so assessed, and be collected in the same manner as re-assessed taxes are collected. Approved April 24, 1872. AN ACT TO ESTABLISH THE SALARY OF THE TREASURER OF HAMPDEN Be it enacted, &c., as follows: COUNTY. Chap. 247 lished at $1,500, SECTION 1. The annual salary of the treasurer of the Salary estabcounty of Hampden shall be fifteen hundred dollars from a year. and after the first day of April in the year eighteen hundred and seventy-two. SECTION 2. This act shall take effect upon its passage. AN ACT TO PROTECT THE FISHERIES IN THE TOWN OF EDGARTOWN. Chap. 248 used SECTION 1. No person shall set, draw or stretch any seines or nets seine or net of any kind in any of the creeks, bays or inlets between March. of the Great Pond, Sengekontacket Pond, east of Nathan's 1, and Oct. 1. Island, Katama Bay, or in the harbor of Edgartown, south of Chappequiddick Point, in said town, between the first day of March and the first day of October in each year; nor shall any person not an inhabitant of said town at any time set, drag or stretch any seine or net in any of the |