Penalty.

Repeal.

ponds or creeks of said town or outlets thereof. The seining of menhaden and mackerel is exempted from this act. This act shall be void as to Great Pond, if it shall appear that no sufficient creek is kept open and maintained from said pond to the sea; and it shall be void as to Trap's Pond if it shall appear that no such creek is kept open and maintained from said pond to the sea.

SECTION 2. Any person violating any provision of this act shall be liable to a fine not exceeding three hundred dollars for each offence.

SECTION 3. Chapter two hundred and eighty-five of the acts of the year eighteen hundred and fifty-six is hereby repealed.

Approved April 24, 1872.

Chap. 249 AN ACT TO UNITE THE CITY OF HAVERHILL AND THE TOWN OF

Bradford annexed to Haverhill.

Public property to be vested in Haverhill.

Town treasurer to account to -city treasurer of Haverhill for moneys, etc.

Be it enacted, &c., as follows:

BRADFORD.

SECTION 1. All the territory now comprised within the limits of Bradford, with the inhabitants and estates therein, is hereby annexed to and made a part of the city of Haverhill, subject to the same municipal regulations, obligations and liabilities, and entitled to the same immunities in all respects as the said city of Haverhill: provided, however, that until legally changed, said territory shall continue to be, for the purpose of electing a senator, part of the fourth Essex senatorial district; all the duties now required by law to be performed by the selectmen, and town clerk of Bradford or either of them, pertaining to the election of representatives in congress, state councillors, senators and members of the house of representatives, shall in like manner devolve upon the board of aldermen and city clerk of Haverhill.

SECTION 2. All the public property of Bradford shall be vested in and is hereby declared to be the property of the city of Haverhill, and said city shall succeed to all the rights, claims, causes of actions, rights to uncollected taxes, liens, uses, trusts, duties, privileges and immunities of the town of Bradford.

The town treasurer of Bradford shall, immediately after the publication of the certificate of the secretary of the Commonwealth as hereinafter provided, under the direction of the selectmen of said Bradford, who shall for this purpose and all other purposes necessary to carry into full effect the provisions of this act, continue to hold their offices, transfer, deliver, pay and account for, to the city treasurer of Haverhill, all books, papers, moneys and other property in his possession as town treasurer of Bradford, when this act shall take effect; and the city of Haverhill shall become

vive in which

liable for, and subject to all the debts, obligations, duties, responsibilities and liabilities of the town of Bradford. All Actions to suractions and causes of actions which shall be pending or Bradford is a which shall have accrued at the time this act shall take party. effect, in behalf of or against the town of Bradford, shall survive and may be prosecuted to final judgment and execution in behalf of or against the city of Haverhill.

both places.

SECTION 3. This act shall not take full effect unless subject to acaccepted by a majority of the legal voters of Bradford, majority of present and voting thereon by ballot at a meeting which legal voters of shall be held in said town, and also by a majority of the legal voters of the city of Haverhill, present and voting thereon by ballot, at a meeting which shall be held in said city.

The vote in Bradford may be taken at a legal town meeting, upon notice thereof duly given at least seven days before the time of meeting, called and held at any time after and within one year from the approval of this act, and the meeting in Haverhill shall be called and held as soon as may be, with due notice at any time after said acceptance by the voters of Bradford. The ballots given in shall be assorted, counted and declared in the usual manner adopted for voting in Haverhill, and shall be registered in the city records. And in the town of Bradford the ballots given in shall be assorted, counted and declared in open town meeting, and shall be recorded upon the records of the town.

Haverhill

It shall be the duty of the clerk of the city of Haverhill City clerk of to certify, as soon as may be, the ballots cast in that city, certify to the and the number of ballots cast in favor of this act and the secretary of the number cast against said acceptance in said city, to the wealth the secretary of the Commonwealth.

Common

result.

tify to the secre

The clerk of the town of Bradford shall as soon as may Town clerk of be, make a like return of the ballots cast in said town, and Bradford to certhe number of ballots cast in favor of accepting this act and tary the result. the number of ballots against said acceptance in said town to the secretary of the Commonwealth, and if it shall appear that the majority of the votes cast in Haverhill, and a majority of the votes cast in Bradford, respectively, is in favor of accepting this act the secretary shall immediately issue and publish his certificate declaring this act to have been duly accepted.

SECTION 4. So much of this act as authorizes and directs when this act. the submission of this question of acceptance to the legal takes effect. voters of said city and town, respectively, and the other proceedings named and provided in the third section of this act, shall take effect upon its passage, but for all other purposes

Seventh ward of Haverhill.

Amendment to city charter.

If balloting is declared void

it shall take effect immediately upon the publication of the certificate of the secretary of the Commonwealth, as provided for in said third section.

SECTION 5. The territory hereto annexed to the city of Haverhill, shall constitute the seventh ward of said city.

SECTION 6. If this act shall be accepted as herein provided, the act establishing the city of Haverhill, approved the tenth day of March in the year eighteen hundred and sixty-nine, shall be and hereby is so amended as to give full force and effect to this act.

SECTION 7. If the election or balloting upon the question by S. J. C. new of the acceptance of this act by either said city or said town,

balloting may be had.

shall within two months thereafter be declared void by the
supreme judicial court upon summary proceedings, which
may be had in any county, upon the petition of fifty voters
of either of said city or said town, the question of accepting
said act shall again be submitted to the legal voters of said
city or town, and a meeting therefor shall within thirty days
thereafter be called, held, conducted, and the votes returned
and other proceedings had thereon in like manner as herein
before provided. But no election or balloting shall be held
void for informality in calling, holding or conducting the
election or returning the votes or otherwise, except upon
proceedings instituted therefor and determined within sixty
days thereafter as aforesaid.
Approved April 24, 1872.

Chap. 250 AN ACT TO PROVIDE FOR THE LAYING OUT OF A PUBLIC COMMON IN

Mattapoisett may improve

THE TOWN OF MΑΤΤΑΡΟISETT.

Be it enacted, &c., as follows :

SECTION 1. The selectmen of the town of Mattapoisett land as public shall have power, in behalf of said town, from time to time

common.

Selectmen to have the care and improvement of the grounds.

to take and hold, by purchase or otherwise all or any part or parts of a certain tract of land situated in said town lying between the main street and the bay, or low-water mark, bounded easterly by land of Atkinson and westerly on the line of the land of Lobdell extended to the sea, including any wharves in front of said land. The land so held shall be laid out, improved, kept open and used as a public common for the benefit of the inhabitants, and no buildings except for ornamental purposes shall be erected thereon, except as provided in the second section of this act.

SECTION 2. Said selectmen shall have the care, improvement and ornamentation of said common, and shall have power to make all proper regulations in respect to the use of said common, and for breach of such regulations, to affix penalties not exceeding twenty dollars for one offence,

tion of bathing

which penalties may be recovered by said selectmen or either of them to the use of the town on complaint before a justice of the peace; to allow the erection and maintaining of bathing houses and boat-houses on said land, to control the May allow erecmooring, anchoring and landing of boats on so much of the houses. shore as shall be within the limits of said common; to collect and receive all profits arising from such use of said land and shore, such profits to be used for the improvement of said common so far as said selectmen shall deem it necessary and generally to do all needful acts for the proper execution of the powers and duties granted to or imposed upon them by this act.

tion of land in

SECTION 3. Said selectmen shall within sixty days after To file descrip-⚫ the taking of any of said land under this act, file in the registry of registry of deeds for the county of Plymouth, a description six month thereof sufficiently accurate for identifying the same.

deeds within

SECTION 4. Said selectmen shall estimate and determine to estimate all damages sustained by any persons by the taking of said damages. land, or other acts of said selectmen in the execution of the powers vested in them by this act, and the damages for land taken shall be fixed at the value thereof before such taking; but any person aggrieved by any such determination of said Parties agselectmen may have his damages assessed by a jury in the fave a jury. same manner as is provided by law with respect to damages sustained by reason of the laying out of town ways.

grieved may

for taken.

SECTION 5. The town of Mattapoisett shall be liable to Mattapoisett to pay all damages assessed or determined as provided in the Paralldamages preceding section, and all other costs and expenses incurred by said selectmen in the execution of the powers vested in them by this act.

may

SECTION 6. Any real estate in said town which, in the If any real opinion of the selectmen shall receive any benefit and advan-benefits tage from the laying out of any of the land described in be assessed. the first section of this act as a public common, beyond the general advantages to all real estate in the town may be assessed and the assessments be collected by said selectmen in the manner provided by law by an act of the legislature entitled An Act in relation to betterments, chapter three hundred and eighty-two of the acts of the year eighteen hundred and seventy-one, and all the rights and remedies of the town and of the parties whose real estate may be assessed shall be determined by the provisions of said act.

SECTION 7. The town of Mattapoisett is hereby author- Town may borized to raise by borrowing from time to time such sums of row money. money as may be necessary for the purpose of defraying the expense incurred by the selectmen in carrying out the provisions of this act.

Subject to acceptance by legal voters.

SECTION 8. This act shall not take effect until accepted by a majority of the legal voters of the town of Mattapoisett, present and voting thereon at a legal meeting duly called for that purpose upon the application of twenty or more legal voters of said town. Approved April 24, 1872.

Chap. 251 AN ACT TO AUTHORIZE THE CITY OF WORCESTER TO LAY OUT A

City council may lay out street across lunatic hospital lands in Worcester.

STREET OVER LAND OF THE WORCESTER LUNATIC HOSPITAL.

Be it enacted, &c., as follows:

SECTION 1. The city council of the city of Worcester may lay out and construct a public street of a width not exceeding one hundred feet, extending northerly from Shrewsbury street over land of the Worcester lunatic hospital situated on the westerly shore of Lake Quinsigamond in said city; the location of said new street shall be within five hundred feet of said lake, and the location and construction thereof shall be subject to the approval of the governor and council.

Claims for damages on account of the location and construction thereof shall exist as in the case of laying out of highways over lands of individuals, and the same shall be settled in the manner now provided by law in such cases. SECTION 2. This act shall take effect upon its passage.

Approved April 24, 1872.

Chap. 252 AN ACT TO INCORPORATE THE TRUSTEES OF THE SCOTTISH RITE OF

FREEMASONRY.

Be it enacted, &c., as follows:

Corporators.

SECTION 1. William S. Gardner, Charles Levi Woodbury, Charles W. Moore, Nathaniel B. Shurtleff and Samuel C. Lawrence, their successors, are hereby made a corporaName and pur- tion by the name of the trustees of the Supreme Council

pose.

Trustees may
receive and
manage real
and personal
estate not ex.
ceeding
$100,000,

of the ancient and accepted Scottish Rite of Freemasonry, and said trustees shall from time to time, as they may by their by-laws prescribe, elect a president, a secretary and such other officers of said corporation as they may judge necessary, and prescribe the tenure and duties of said officers, and fill by election all vacancies in said board of trustees as they may occur.

SECTION 2. Said trustees may receive, manage and convey such real and personal estate, not exceeding in all one hundred thousand dollars, as may be deposited with them by or for the supreme council of the ancient and accepted Scottish rite for the northern jurisdiction of the United States, to such uses as said council may appoint, and shall report their doings to such supreme council and submit their accounts and records to the inspection of said council.