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sue warrant to

SECTION 2. The treasurer of the Commonwealth shall Treasurer to isforthwith send his warrant, with a copy of this act, directed assessors, etc. to the selectmen or assessors of each city or town taxed as aforesaid, requiring them respectively, to assess the sum so charged, according to the provisions of the eleventh chapter of the General Statutes; and to add the amount of such tax to the amount of town and county taxes to be assessed by them respectively, on each city or town.

sors, selectmen.

SECTION 3. The treasurer in his said warrant, shall Duties of assesrequire the said selectmen or assessors to pay, or to issue their several warrant or warrants, requiring the treasurers of their several cities or towns to pay to said treasurer of the Commonwealth, on or before the first day of December, in the year one thousand eight hundred and sixty-one, the sums set against said cities or towns in the schedule aforesaid; and the selectmen or assessors, respectively, shall return a certificate of the names of such treasurers, with the sum which each may be required to collect, to the said treasurer of the Commonwealth, at some time before the first day of October next.

SECTION 4. If the amount due from any city or town, as Penalties for deprovided in this act, is not paid to the treasurer of the Com-linquency. monwealth within the time specified, then the said treasurer shall notify the treasurer of said delinquent city or town, who shall pay into the treasury of the Commonwealth, in addition to the tax, such further sum as would be equal to one per centum per month during such delinquency, dating on and after the first day of December next; and if the same remains unpaid after the first day of January next, an information may be filed by the treasurer of the Commonwealth in the supreme judicial court, or before any justice

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construct.

thereof, against such delinquent city or town; and upon
notice to such city or town, and a summary hearing thereon,
a warrant of distress may issue against such city or town, to
enforce the payment of said taxes, under such penalties as
the said court, or the justice thereof before whom the hearing
is had, shall order.

SECTION 5. This act shall take effect upon its passage.
Approved April 10, 1861.

AN ACT CONCERNING THE SUFFOLK RAILROAD COMPANY.
Be it enacted, &c., as follows:

SECTION 1. The board of aldermen of the city of Boston may extend the location of the tracks of the Suffolk Railroad Company, over and upon such streets and highways of said city, north of the southerly line of Kneeland, Eliot or Boylston Streets, as may from time to time be fixed and determined by said board, with the consent in writing of said company; and said company may construct, maintain and use such tracks as have been heretofore or may be hereafter located by said board, with all the powers and privileges, and subject to all the duties, liabilities and restrictions, in reference thereto, set forth in the act by which said company was incorporated.

SECTION 2. Said board of aldermen may from time to time, authorize said company to enter upon and use the tracks of the Metropolitan Railroad Company, north of said southerly lines of said Kneeland, Eliot or Boylston Streets, subject to such regulations, as to the manner of such use, as may from time to time, be made by said board, for such annual compensation, to be paid by said Suffolk Railroad Company to said Metropolitan Railroad Company, as may be mutually agreed upon, or in case of disagreement, as may be fixed by three commissioners to be appointed by the supreme judicial court, in the manner, and with the powers, so far as relates to determining such compensation, provided in section one hundred and seventeen of the sixty-third chapter of the General Statutes.

SECTION 3. This act shall take effect upon its passage.
Approved April 10, 1861.

AN ACT CONCERNING NEPONSET BRIDGE.

Be it enacted, &c., as follows:

SECTION 1. The county commissioners for the county of sioners may re- Norfolk, in addition to the power given them by chapter two hundred and twenty-three, of the acts of the year eighteen hundred and fifty-seven, and the act of the present session

incorporating the Quincy Railroad Company, are authorized, as trustees of Neponset Bridge, to widen or reconstruct said bridge, and alter and improve the draw thereof, within the lines of location established by the original charter or the lines adopted by the commissioners in the laying out of the bridge and turnpike, although beyond the limits of the present structure of said bridge, and are authorized to fill and make solid the bridge, not obstructing any channel.

of

fund and free

SECTION 2. Said trustees may, by an order entered upon Limitation their records, determine the amount of the fund to be dom of bridge. accumulated, under and pursuant to the act contained in chapter two hundred and twenty-three of the acts of the year eighteen hundred and fifty-seven, (said amount to be not less than fifteen thousand dollars,) and upon said funds being accumulated, the bridges shall be free from tolls: provided, that said tolls shall be renewed from time to time Proviso. whenever the fund shall be inadequate to the repair and maintenance of said bridges.

fix railroad tolls

SECTION 3. The said commissioners as trustees, in addi- Commissioners to tion to the power given them by the act incorporating the over bridge. Quincy Railroad Company, are hereby required on the location of said company's road over said bridge, to fix the reasonable tolls to be paid by said company, which tolls may be commuted by payments, at stated times or in gross. SECTION 4. This act shall take effect upon its passage. Approved April 10, 1861.

AN ACT RELATING TO CERTAIN INVESTMENTS OF THE WESTERN RAIL-
ROAD SINKING FUND.

Chap. 193

cancel bonds.

Be it enacted, &c., as follows: SECTION 1. The commissioners of the Western Railroad Commissioners to Sinking Fund shall cancel the bonds of this Commonwealth, and the coupons annexed, for the redemption of which said. fund is provided, and which have been or may hereafter be purchased by said commissioners in the investment of moneys belonging to said fund: provided, the Western Proviso. Railroad Corporation shall execute and deliver to the said commissioners an agreement, under seal, to pay to said commissioners whatever interest may thereafter accrue upon any bond, so prccured and cancelled, to the time of its maturity; said agreement to be approved by the attorneygeneral.

of

Commonwealth

SECTION 2. The treasurer of the Commonwealth shall Treasurer keep a record of all bonds so cancelled, and shall retain the to have custody, custody of the same as representing so much of the invest- etc. ments of said fund, to be surrendered at the time of maturity

Investment of moneys in railroad stocks, conditions of.

Investments other securities.

in

to the Commonwealth, in fulfilment of the purposes for which said fund was established.

SECTION 3. In addition to the securities named in chapter one hundred of the acts of the year eighteen hundred and fifty-eight, the moneys belonging to said Western Railroad Sinking Fund may be invested in the stocks of any railroad corporation in this state whose road is completed, whose capital has been wholly paid in, and whose road and property are unincumbered, and which has earned dividends of at least six per cent. per annum for three years next preceding such investment: provided, that not more than twenty per cent. thereof shall at any one time be so invested in said railroad stock, and not more than seven per cent. thereof in the stock of any one of said railroad corporations, and no investment shall be made in the stock of said Western Railroad Corporation.

SECTION 4. The moneys belonging to said sinking fund may also be invested in such securities as the deposits in savings banks of this Commonwealth are now authorized to be invested in by the one hundred and forty-second and one hundred and forty-third sections of the fifty-seventh chapter of the General Statutes; subject to the same restrictions as to amount, in proportion to the whole fund to be invested in any one kind of security, as are applicable to savings banks. SECTION 5. This act shall take effect upon its passage. Approved April 10, 1861.

Chap. 194 AN ACT CONCERNING MORTGAGES IN FRAUD OF THE INSOLVENT LAW.

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Be it enacted, &c., as follows:

The eighty-ninth section of the one hundred and eighteenth
chapter of the General Statutes, shall apply to any mort-
gage or other conveyance of real or personal estate, which
the law requires to be recorded, unless the same has been
recorded six months previous to the filing of the petition by
or against the person insolvent, or in contemplation of
insolvency.
Approved April 10, 1861.

AN ACT CONCERNING THE APPOINTMENT OF INSPECTORS OF THE
HOSPITAL AT RAINSFORD ISLAND.

Be it enacted, &c., as follows:

The term of the inspectors of the hospital at Rainsford Island, now in office, shall terminate at the expiration. of three years from the date of their appointment, respectively; and the governor, with the advice and consent of the council, shall appoint a board of three inspectors of said hospital, residing in the immediate vicinity thereof, and one member at least of said board shall be appointed annually. Approved April 11, 1861.

AN ACT TO INCORPORATE THE VINEYARD SOUND RAILROAD COMPANY. Chap. 196 Be it enacted, &c., as follows:

SECTION 1. Oliver C. Swift, William Nye, Jr., Elijah Corporators. Swift, George Marston, Sylvanus B. Phinney, Silas J.

strictions.

Bourne, their associates and successors, are hereby made Title. a corporation by the name of the Vineyard Sound Railroad Company, with all the powers and privileges, and subject to Privileges and reall the duties, restrictions and liabilities, contained in the sixty-third chapter of the General Statutes, and to all other general laws that have been or shall hereafter be passed, relative to railroad corporations.

construction.

SECTION 2. Said corporation is hereby authorized and Location and empowered to locate, construct and maintain a railroad, with one or more tracks, commencing at a point in the town of Sandwich near the Monument station of the Cape Cod Railroad Company, thence running in a southerly direction. through the villages of Monument and Pocasset, in Sandwich and North Falmouth and West Falmouth, in Falmouth, to a point near the village of Falmouth, and thence southwesterly to tide-water at Woods Hole, in said Falmouth, with the right to build, and maintain, in tide-water, at Woods Hole, such wharf or wharves as may be necessary to the convenient transaction of business and transhipment of freight or passengers at that place.

SECTION 3. The capital stock of said corporation shall Capital. be three hundred thousand dollars, divided into shares of Shares. one hundred dollars each; and no assessment shall be levied thereon of a greater amount than one hundred dollars a share, and no shares shall be issued for a less sum, to be actually paid in, than the par value of the shares which shall be first issued.

Cape Cod Company.

SECTION 4. Said company are hereby authorized to enter May unite with upon and unite their railroad with the railroad of the Cape Cod Railroad Company at or near Monument station, and to use the railroad of said Cape Cod Railroad Company upon the terms provided by the general laws of the Commonwealth. SECTION 5. This act shall be void if the location of the Conditions of varailroad herein authorized shall not be filed with the county lidity of act. commissioners of the county of Barnstable within three years, and if said railroad is not completed within five years after the passage of this act.

SECTION 6. This act shall take effect upon its passage.
Approved April 11, 1861.

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