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"SEC. 29. All actions for violation of the provisions étions under of the preceding section shall be commenced within section 28. thirty days after the commission of the offence."

SEC. 2. This act shall take effect immediately, and all acts and parts of acts inconsistent herewith are hereby repealed.

CHAPTER 448.

AN ACT IN AMENDMENT OF CHAPTER 296 OF THE GENERAL Passed May 5, LAWS, ENTITLED "OF THE MILITIA."

It is enacted by the General Assembly as follows:

SECTION 1. Section 46 of Chapter 296 of the General Laws "Of the militia," is hereby amended so as to read as follows:

"SEC. 46. The first machine-gun battery shall be composed of one battery of not more than four guns, and shall consist of four commissioned officers and not more than fifty privates."

SEC. 2. This act shall take effect upon its passage, and all acts and parts of acts inconsistent herewith are hereby repealed.

1897.

First machine how consti

gun battery,

tuted.

CHAPTER 449.

AN ACT IN AMENDMENT OF CHAPTER 74 OF THE GENERAL Passed May 13,
1897.
LAWS, ENTITLED "OF TRAVELLING ON HIGHWAYS AND
OF GUIDE-BOARDS."

It is enacted by the General Assembly as follows:

SECTION 1. Section 7 of Chapter 74 of the General Laws is hereby amended so as to read as follows:

"SEC. 7. The several town councils shall, at their meeting held next after the first day of October in each year, determine the corners and angles of all roads within their respective towns at which it shall be necessary to erect and maintain guide-posts and shall keep a record of their decision among the records of their proceedings."

Town councils determine and of guide-posts.

to annually

record location

Penalty for neglect.

SEC. 2. Section 11 of said Chapter 74 is hereby amended so as to read as follows:

"SEC. 11. Every town council which shall, at their meeting held next after the first day of October in any year, neglect or refuse to determine upon proper places at which guide-posts shall be erected and maintained, shall be fined five dollars for every month they shall so neglect or refuse."

CHAPTER 450.

Passed May 14, AN ACT IN AMENDMENT OF SECTIONS 1 AND 5 OF CHAPTER 112 OF THE GENERAL LAWS, "OF BIRDS.”

1897.

"Shore birds,"

so called, not to be killed, etc., between January 1 and July 1.

It is enacted by the General Assembly as follows:

SECTION 1. Section 1 of Chapter 112 of the General Laws is hereby amended by adding after the word November" the following words, "or any sand piper, plover, snipe, curlew, tattler, greater and lesser yellow legs, or any so-called 'shore bird,' between the first day of January and the first day of July."

SEC. 2. Section 5 of Chapter 112 of the General Laws is hereby amended by striking out after the word "bittern" the following words, "plover except as in the preceding section mentioned, all curlew, rails, sandpipers," and by striking out after the word 'sparrows" the following word, "snipe."

66

SEC. 3. This act shall take effect from and after its passage, and all acts and parts of acts inconsistent herewith are hereby repealed.

CHAPTER 451.

AN ACT IN AMENDMENT OF AND IN ADDITION TO CHAPTERS Passed May 13, 1897. 221 AND 222 OF THE GENERAL LAWS, ENTITLED "OF THE SUPREME COURT" AND "OF THE APPELLATE DIVISION OF THE SUPREME COURT," RESPECTIVELY.

It is enacted by the General Assembly as follows:

SECTION 1. Section 1 of Chapter 221 is amended so that the same shall read as follows:

"SECTION 1. The supreme court shall consist of a chief justice and six associate justices, to be elected, commissioned, and to hold their offices, as provided in the constitution."

SEC. 2. Section 1 of Chapter 222 is amended so that the same shall read as follows:

Supreme court chief justice ate justices.

to consist of

and six associ

su

how consti

"SECTION 1. The appellate division of the supreme Appellate dicourt shall be held by the chief justice and three of preme court, the associate justices to be from time to time desig. tuted. nated by the chief justice, any three of whom shall constitute a quorum for all purposes as hereinafter provided, and in case of the absence or disability from any cause of the chief justice, the said court shall be held by the senior in service of the associate justices of the supreme court who are present and qualified to act, together with two other of such associate justices designated by him."

SEC. 3. Section 3 of Chapter 222 is amended so as to read as follows:

"SEC. 3. Any one justice of the supreme court, assigned to the appellate division, shall be a quorum for all purposes whatsoever, in said appellate division, except for the trial of contested petitions for divorce and the entry of final decrees therein, petitions for new trial, demurrers, motions in arrest of judgment, writs of error, petitions for mechanics liens, and all other statutory proceedings following the course of equity and the hearing of bills in equity and the entering of final decrees therein; and one justice shall also be a quorum to enter all orders and decrees including final orders and decrees in bills and petitions in equity, and in statutory proceedings following the course of equity,

Jurisdiction of of the appellate

single justice

division,

from the com

sion by reason

ing waved,

either party thereto may petition for

new trial, how, and what effect

of.

Matters before may be reserv

one justice

ed for hearing

when decree is to be entered by reason of default or by reason of consent of parties and where the petition or bill is for the appointment of a new trustee; and also to hear and enter decrees and orders on all interlocutory motions in equity causes and statutory proceedings following the course of equity: Provided, Cases certified that in all cases certified from the common pleas divimon pleas division by reason of jury trial being waived, heard in the of jury trial be- appellate division by any justice thereof, either party shall have the right to petition for a new trial in the same manner and with the same effect as if the case had been heard in the common pleas division before a justice thereof sitting with a jury; provided further, that such justice if the gravity of the matter heard by him under the provisions of this section demand, before the full may reserve such matter for hearing before three justices of such division. Three justices thereof shall be a quorum for all purposes whatsoever in said appellate division, including the final determination in any action, suit or proceeding, civil or criminal, of any question arising therein under the constitution of this State or of the United States: Provided, that whenever any of the justices assigned to said division shall for any cause not sit with said division while so as signed, two justices assigned thereto shall with the consent of the parties in interest in the matter to be heard, constitute a quorum for all business before said division at such time, excepting hearing and determining constitutional questions: and provided further, that whenever practicable as many more than three as on all constitu- possible of all the justices of the supreme court shall sit in the appellate division in the hearing and determination of constitutional questions."

Three justices

to be a quorum for all purposes

in appellate di

vision; and two by consent of parties.

Full bench to

sit, if possible,

tional questions.

SEC. 4. Said appellate division may be held by different justices thereof at the same time and in different places in the same or in different counties, and any justice of the supreme court assigned to said division may hear any cause which may be heard by a single justice of said division under the provisions of this Chapter, while another cause is proceeding before another justice or justices of said division in the same or in another county.

signed to appellate division

may and shall serve in either nated by the chief justice.

division whenever

SEC. 5. Any justice of the supreme court assigned Any justice asto the appellate division as herein before provided, may and shall from time to time as necessity or convenience may require, whenever designated by the chief justice, serve either in the appellate division or in the common pleas division, as such necessity or convenience may seem to require.

SEC. 6. This act shall take effect from and after its passage, and all acts and parts of acts inconsistent herewith are hereby repealed.

CHAPTER 452.

AN ACT IN AMENDMENT TO SECTION 9 OF CHAPTER 100 OF Passed May 14, 1897. THE GENERAL LAWS, ENTITLED "OF THE REGISTRATION

OF BIRTHS, DEATHS AND MARRIAGES."

It is enacted by the General Assembly as follows:

SECTION 1. Section 9 of Chapter 100 of the General Laws is hereby amended so as to read as follows:

"SEC. 9. No undertaker or other person shall conduct a funeral or bury or deposit in a tomb, or remove from this state or otherwise dispose of the remains of any deceased person or still-born child, unless he shall first obtain the physician's certificate required by section seven of this Chapter, if a physician was in attendance upon such person who has deceased, or the person bringing forth such still-born child, and shall return the same together with his own certificate of the information required by section three of this Chapter to the town clerk of the town where such death or bringing forth took place: Provided, however, that in such towns as allow the burial or removal of the bodies of deceased persons without a permit from the town clerk and if the undertaker or other person who has charge of the disposal of the remains of the deceased person is unable to obtain the said physician's certificate after reasonable attempts therefor before the burial or removal of the said remains, then the said undertaker or other person shall make his return as

Of under

takers.

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