Pub. Sts. ch. 212, § 68, repealed. SECT. 3. Section sixty-eight of chapter two-hundred and twelve of the Public Statutes is repealed. SECT. 4. This Act shall take effect upon its passage. April 5, 1882. Decision of County commissioners relative to crossing of ways or sever ance of private lands by railroads. Pub. Sts. ch. 112, $$ 129, 138. Appeals to railroad commissioners. Notice of appeal to be filed. Petition setting forth reasons of appeal to be filed with railroad commissioners. Waiver of appeal. Powers of railroad commissioners. Hearing to be had in county where appeal is taken. CHAPTER 135. AN ACT PROVIDING FOR APPEALS FROM THE COUNTY COM- SECTION 1. Any party aggrieved by the decision or order of the county commissioners in any matter or proceeding arising under section one hundred and twenty-nine and section one hundred and thirty-eight of chapter one hundred and twelve of the Public Statutes may appeal therefrom to the board of railroad commissioners. SECT. 2. If the county commissioners unreasonably refuse or neglect, for sixty days after the first day fixed for hearing the parties in any such matter or proceeding, to announce a decision thereon, thereupon any party aggrieved by such refusal or neglect may appeal to the board of railroad commissioners. SECT. 3. An appeal shall be claimed by filing with the county commissioners, within ten days after the making of the decision or order appealed from, or the expiration of sixty days from the first day fixed for hearing in cases of refusal or neglect, a notice of appeal, and thereupon all proceedings before the county commissioners in such matter or proceeding shall be stayed. SECT. 4. The appellant, to perfect the appeal, shall, within twenty days after the filing of the notice of appeal, file with the clerk of the board of railroad commissioners a petition setting forth the reasons of appeal, and within ten days after the filing of the petition cause a certified copy thereof to be served upon the county commissioners. If the appellant fails to perfect the appeal as herein required, thereupon proceedings may be had before the county commissioners as if no appeal had been taken. SECT. 5. An appeal may be waived at any time before a hearing thereon, by agreement of the parties, in writing, filed with the county commissioners and the board of railroad commissioners, and thereupon proceedings may be had before the county commissioners as if no appeal had been taken. SECT. 6. The board of railroad commissioners shall, in matters and proceedings to which this Act relates, have the same powers vested in, and perform the same duties required of, the county commissioners in like matters and proceedings; and all provisions of law relating to hearings and determinations by, and decisions and orders of, the county commissioners, in such matters and proceedings, shall apply to hearings and determinations by, and decisions and orders of, the board of railroad commissioners in such matters and proceedings under this Act. SECT. 7. The hearings before the board of railroad commissioners in matters and proceedings to which this Act relates shall be had in the county where the appeal is taken, unless the parties, in writing, otherwise agree. April 5, 1882. CHAPTER 136. AN ACT IN RELATION TO THE NORMAL SCHOOL OF THE CITY OF BOSTON. normal school. SECTION 1. The school committee of the city of Boston may pro- Teachers may vide instruction in the principles and methods of teaching for the be taught in the benefit of teachers in the service of said city, said instruction to be given in connection with the Normal School of said city. committee confirmed. SECT. 2. The action of the school committee of said city heretofore Action of school in providing instruction for the benefit of teachers in the service of said city is ratified, confirmed and made valid to the same extent as if this Act had been passed prior to such action. SECT. 3. This Act shall take effect upon its passage. April 5, 1882. CHAPTER 137. AN ACT TO AUTHORIZE THE NEW ENGLAND CONSERVATORY OF MUSIC TO HOLD ADDITIONAL REAL AND PERSONAL personal estate. SECTION 1. The New England Conservatory of Music, a corpora- May hold addition established by chapter one hundred and three of the Acts of the tional real and year eighteen hundred and seventy, is authorized to hold real and St. 1870, ch. 103. personal estate to the amount of five hundred thousand dollars. SECT. 2. This Act shall take effect upon its passage. April 5, 1882. CHAPTER 138. AN ACT IN RELATION TO THE CHARLES RIVER AND WARREN BRIDGES. Commonwealth the city of Bos SECTION 1. The governor with the advice and consent of the coun- Interest of the cil is empowered in the name and on behalf of the Commonwealth to in bridges may execute, acknowledge, and deliver to the city of Boston a good and suffi- be conveyed to cient instrument transferring to said city and its assigns all the right, ton. title, and interest of the Commonwealth in and to the Charles River bridge and Warren bridge, the approaches to the same, the materials of which said bridges are composed, and in and to all things pertaining to said bridges belonging to the Commonwealth. Such transfer shall not be made until there is constructed, subject to the provisions of law and opened for public use at the expense of said city, a new bridge which in the opinion of the governor and council will afford facilities as ample as those provided by the said existing bridges; and upon such transfer the said city may discontinue said now existing bridges or either of them. consent of com SECT. 2. No change shall be made in the piles of said bridges with- No change to be out the approval of the board of harbor and land commissioners. made without SECT. 3. Nothing herein contained shall be construed to grant missioners. authority to the city of Boston or its assigns to take tolls on said Takanorized. bridges or on the new bridge which may be constructed. April 5, 1882. CHAPTER 139. AN ACT TO PERMIT WOMEN TO PRACTISE AS ATTORNEYS AT THE provisions of law relating to the qualification and admission to practise of attorneys-at-law shall apply to women. April 10, 1882. CHAPTER 140. AN ACT RELATING TO DEPOSITIONS TO PERPETUATE THE TESTI- SECTION 1. Section fifty-four of chapter one hundred and sixty-nine of the Public Statutes is hereby amended, by adding at the end thereof the words: — And shall order to such reasonable notice as it shall deem proper to be given to all the persons mentioned therein as adversely interested in the case and living without the Commonwealth. SECT. 2. This Act shall take effect upon its passage. April 10, 1882. Disposition of estate of married women. Pub. Sts. ch. 125, § 1, cl. 1. CHAPTER 141. AN ACT RELATING TO THE DISTRIBUTION OF THE PERSONAL SECTION 1. When a married woman dies leaving issue and possessed of personal estate not lawfully disposed of by will, such personal estate shall after payment of her debts, funeral expenses, and charges of administration be distributed one-half to her husband, and the other half among the persons who would be entitled to the real estate by the first clause of section one of chapter one hundred and twenty-five of the Public Statutes and in the proportions there prescribed. SECT. 2. This Act shall take effect upon the first day of July in the year eighteen hundred and eighty-two. April 10, 1882. Corporators. Name and purpose. Powers and duties. CHAPTER 142. AN ACT TO INCORPORATE THE REVERE WATER COMPANY. SECTION 1. Andrew Burnham, Theodore Pinkham, E. H. Whorf, A. S. Burnham, James H. Wade, Michael Sullivan, their associates and successors, are made a corporation by the name of the Revere Water Company, for the purpose of furnishing the inhabitants of Revere with water for the extinguishment of fires and for domestic and other purposes, with all the powers and privileges, and subject to all the duties, restrictions, and liabilities set forth in all general laws which now are or hereafter may be in force applicable to such corporations. convey water SECT. 2. Said corporation may take, hold and convey through the May take and town of Revere or any part thereof, water from any spring, artesian through the well or other source of supply within the limits of said town, and may town of Revere. take and hold by purchase or otherwise, any real estate necessary for the preservation and purity of such water and sources of supply, for forming any dams or reservoirs to hold such water, or for laying and maintaining aqueducts and pipes for distributing the same; and may lay its water pipes through any private lands, with the right to enter upon the same and dig therein for the purpose of making all necessary repairs; and for the object aforesaid may carry its pipes under or over any water-course, street, railroad, street railway, highway or other way, in such a manner as not to obstruct the same; and may, under the direction of the board of selectmen or road commissioners, enter upon and dig up any road or other way for the purpose of laying or repairing aqueducts, pipes or other works, and in general may do any other acts and things necessary, convenient or proper for carrying out the purpose of this Act. try of deeds a the land taken. SECT. 3. Said corporation shall, within sixty days after the taking To have recordof any land under this Act, file and cause to be recorded in the ed in the regisregistry of deeds for the county of Suffolk a description of any land description of so taken, sufficiently accurate for identification, with a statement of the purpose for which it was taken, and shall also notify the owner of any such land of the taking thereof; and the title of land so taken shall vest in said corporation. Any person injured in property by any of the acts of said corporation, and failing to agree with said corporation as to the amount of damages, may have them assessed and determined in the manner provided when land is taken for highways. SECT. 4. Said corporation may distribute the water through said May fix water town of Revere; may establish and fix from time to time rates for the rates. use of such water, and collect the same; and may make such contracts with said town, or any other town, or with any city, corporation or individual to supply water for fire or other purposes as may be agreed upon by such town, city, corporation, or individual and said corporation. capital stock. SECT. 5. Said corporation, for the purposes set forth in this Act, Real and permay hold real and personal estate not exceeding in value fifty thou-sonal estate and sand dollars; and its whole capital stock shall not exceed seventy-five thousand dollars, to be divided into shares of one hundred dollars each. SECT. 6. If any person shall use any water taken under the author- Penalty for ity of this Act without the consent of said corporation, or shall diverting water or rendering it wantonly or maliciously divert any water so taken, or corrupt the impure. same, or render it impure, or shall destroy or injure any dam, aqueduct, pipe, conduit, hydrant, machinery, or other works or property held, owned, or used by said corporation under the authority and for purposes of this Act, he shall forfeit and pay to said corporation three times the amount of damage or injury caused thereby, to be recovered in an action of tort; and on conviction of either of the wanton or malicious acts aforesaid may be punished by a fine not exceeding three hundred dollars, or by imprisonment in jail not exceeding one year. chase corporate SECT. 7. The town of Revere shall have the right, at any time Town may purduring the continuance of this charter, to purchase the corporate pro- property at any perty and all the rights and privileges of said corporation at a price time. which may be mutually agreed upon by said town and said corporation. In case said town and said corporation are unable to agree, then the compensation to be paid shall be determined by three commissioners, to be appointed by the Supreme Judicial Court upon application by either party, notice being given to the other, whose award when Company may secure the same by mortgage. accepted by said court shall be final. This right of purchase and sale is granted on the condition that such purchase is assented to by twothirds of the voters of said town present and voting thereon at any legally called meeting, notice having been given in the warrant for such meeting that action would be taken on this matter. SECT. 8. The Revere Water Company may issue bonds and secure Issue bonds and the same by a mortgage on its works, structures, equipments, franchise and other property, real or personal, to an amount which shall not exceed the capital stock of said corporation actually paid in and applied to the construction or completion of its works. Liability for damages. To commence work within three years. SECT. 9. Any owner of lands or water rights taken under this Act, upon application by either party for an estimate of damages, may require said corporation to give security, satisfactory to the board of selectmen of said town, for the payment of all damages and costs which may be awarded to him for the land or other property taken; and if upon the petition of such owner, with notice to the adverse party, the security at any time appears to the selectmen of said town to have become insufficient, they shall require said corporation to give further security to their satisfaction, and all the right or authority of the corporation to enter upon or use said land and other property, except for making surveys, shall be suspended until it gives the security required. SECT. 10. This Act shall be null and void unless said corporation shall within three years from the passage thereof avail itself of its provisions, and commence the prosecution of the work herein authorized. SECT. 11. This Act shall take effect upon its passage. April 10, 1882. May take land for a public library; and shall record in the registry of deeds a description of the land taken. Law of betterments not to apply. CHAPTER 143. AN ACT TO AUTHORIZE THE CITY OF BOSTON TO TAKE LAND SECTION 1. The city of Boston is hereby authorized and empowered to take and hold by purchase or otherwise, at any time within two years from the passage of this Act, so much land within its limits as it may deem necessary for the erection thereon of a public library and for a yard for the same; and said city may appropriate and use therefor any land now owned by it. SECT. 2. Said city shall, within thirty days from the time when it shall take any parcel or parcels of land under this Act, file in the office of the register of deeds for the county of Suffolk, and cause to be recorded therein, a description of the land so taken as certain as is required in a common conveyance of land, with a statement of the purpose for which said land is taken; which description and statement shall be signed by the mayor of said city. The said city shall be liable to pay all damages that shall be sustained by any person by reason of the taking of land as aforesaid; such damages to be ascertained and determined in the manner provided for ascertaining and determining damages in case of the laying out, altering or discontinuing of ways within the city of Boston. SECT. 3. The provisions of law in relation to the assessment of betterments shall not be applicable to the taking of land under this Act. SECT. 4. This Act shall take effect upon its passage. April 10, |