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For requiring erection of barriers, etc.

Certain by-laws to be in force, etc.

therein to such extent as they may deem expedient; the penalty for the violation of such by-laws to apply to the owner of abutting property or his agent having charge thereof.

For requiring owners of buildings near the line of streets and public ways to erect barriers or to take other suitable measures to prevent the falling of snow and ice from such buildings upon persons travelling on such streets and ways, and to protect such persons from any other dangers incident to the maintenance, occupation, or use of such buildings.

SECTION 2. By-laws adopted by towns prior to the passage of this act and approved by the superior court, so providing for the removal of snow and ice from sidewalks, shall hereafter have the same force and effect as if so adopted and approved after the passage of this act. SECTION 3. This act shall take effect upon its passage. Approved March 17, 1898.

Chap.191 AN ACT TO PROVIDE FOR THE NOMINATION OF CERTAIN CANDI

1897, 530, § 25, amended.

Candidates to be nominated by roll call at certain conventions.

DATES IN POLITICAL CONVENTIONS BY A MAJORITY VOTE ON A
ROLL CALL.

Be it enacted, etc., as follows:

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Section twenty-five of chapter five hundred and thirty of the acts of the year eighteen hundred and ninetyseven is hereby amended by inserting after the word "officers", in the second line, the words: to be voted for at large, and by striking out in the eleventh line, the words "the largest number of", and inserting in place thereof the words: a majority of the, so as to read as follows:- Section 25. At any political convention except a convention for the nomination of state officers to be voted for at large, on motion of any delegate which receives the support of one fourth of the delegates present, the nomination of any candidate shall be made by roll call in the following manner. The clerk or secretary

of the convention shall call the roll of the towns and cities in alphabetical order or of wards in a city in numerical order, and each delegate shall as his name is called state in the hearing of the convention the name of the candidate for whom he desires to vote, and the person receiving a majority of the votes on such roll call shall be the candidate of the convention. Approved March 17, 1898.

AN ACT RELATIVE TO THE SALE OF POISONS.

Be it enacted, etc., as follows:

Chap.192

amended.

certain poisons

SECTION 1. Section twenty of chapter three hundred 1896, 397, § 20, and ninety-seven of the acts of the year eighteen hundred and ninety-six is hereby amended by striking out the whole of said section and inserting in place thereof the following: Section 20. Whoever sells arsenic (arse- Persons selling nious acid), atropia or any of its salts, chloral hydrate, to keep record, chloroform, cotton root and its fluid extract, corrosive etc. sublimate, cyanide of potassium, Donovan's solution, ergot and its fluid extract, Fowler's solution, laudanum, McMunn's elixir, morphia or any of its salts, oil of pennyroyal, oil of savin, oil of tansy, opium, Paris green, Parsons' vermin exterminator, phosphorus, prussic acid, "rough on rats", strychnia or any of its salts, tartar emetic, tincture of aconite, tincture of belladonna, tincture of digitalis, tincture of nux vomica, tincture of veratrum viride, or carbolic acid, without the written prescription of a physician, shall keep a record of such sale, the name and quantity of the article sold, and the name and residence of the person or persons to whom it was delivered, which record shall be made before the article is delivered, and shall at all times be open to inspection by the officers of the district police and by the police authorities and officers of cities and towns; but no sale of cocaine or its salts shall be made except on the prescription of a physician. Whoever neglects to keep or refuses to show to Penalty. said officers such record shall be punished by fine not exceeding fifty dollars. Whoever sells any of the poisonous "Poison" and articles named in this section without the written prescrip- be printed on tion of a physician, shall affix to the bottle, box or wrapper label. containing the article sold a label of red paper, upon which shall be printed in large black letters the word, Poison, and also the word, Antidote, and the name and place of business of the vendor. The name of an antidote, if there be any, for the poison sold, shall also be upon the label. Every neglect to affix such label to such poisonous Penalties. article before the delivery thereof to the purchaser shall be punished by fine not exceeding fifty dollars. purchases poisons as aforesaid and gives a false or fictitious name to the vendor shall be punished by fine not exceeding fifty dollars. But nothing in this act shall be con- Not to apply to strued to apply to wholesale dealers and to manufacturing dealers, etc.

Whoever

"Antidote" to

wholesale

Proviso.

chemists in their sales to the retail trade, nor to the gen-
eral merchant, who may sell in unbroken' packages con-
taining not less than one quarter of a pound, Paris green,
London purple, or other arsenical poisons for the sole
purpose of destroying potato bugs or other insect life
upon plants, vines or trees: provided, that such merchant
complies with the provisions of this section in respect to
recording such sale and labelling each package sold.

SECTION 2. This act shall take effect upon its passage.
Approved March 17, 1898.

Chap.193 AN ACT TO PROHIBIT THE USE OF CERTAIN COLORING MATTER IN

Use of certain coloring matter in the manufacture of

sausages prohibited.

Chap.194

The Boston and
Maine Railroad

may purchase

and hold shares

THE MANUFACTURE OF SAUSAGES.

Be it enacted, etc., as follows:

Whoever uses, in the manufacture of sausages, any coloring substance injurious to health shall be punished by fine not exceeding one hundred dollars for each offence. Approved March 17, 1898.

TO

AN ACT TO AUTHORIZE THE BOSTON AND MAINE RAILROAD
PURCHASE AND HOLD THE SHARES OF THE CAPITAL STOCK OF
ANY RAILROAD CORPORATION WHOSE ROAD IS LEASED TO OR
OPERATED BY IT OR OF WHICH IT OWNS A MAJORITY OF THE
CAPITAL STOCK.

Be it enacted, etc., as follows:

SECTION 1. The Boston and Maine Railroad may, subject to the approval of the board of railroad commissioners, of capital stock purchase and hold the shares of the capital stock, or any of certain other part thereof, of any railroad corporation whose road is leased to or operated by it, or of which it owns a majority of the capital stock.

railroad cor

porations.

May issue and dispose of its

SECTION 2. For the purpose of providing the means own shares, etc. necessary for a purchase of shares which has been approved as aforesaid, the Boston and Maine Railroad may issue and dispose of its own shares, subject to the approval of the railroad commissioners as to the amount and to the provisions of all general laws relating to the issue and disposal of new shares of stock of railroad corporations. In case the Boston and Maine Railroad acting under authority of this section shall have issued its own capital stock to provide the means of paying for shares of the capital stock of any other corporation, it shall hold the certificates representing the shares of such purchased

representing

chased capital

stamped "non

capital stock in its treasury. Each certificate so held Certificates shall be stamped under the direction of the board of shares of purrailroad commissioners "non-transferable", and the same stock to be shall not thereafter for any reason or under any circum- transferable." stances ever be allowed to pass out of the treasury of the etc. Boston and Maine Railroad; shall, upon the written order of said board be produced and exhibited to them at any time; and the franchise tax assessable against a lessor corporation shall be computed upon the valuation of its shares not purchased, held and stamped hereunder. Any Penalty. member of the board of directors, or any treasurer or other officer or agent of the Boston and Maine Railroad, or any person in control or in possession of such certificates thus stamped "non-transferable", who knowingly violates any of the provisions of this section shall be punished by fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, or by both such fine and imprisonment.

certain leases to

be approved.

SECTION 3. No modification or cancellation hereafter Terms of modification, etc., of made of any lease of any railroad to the Boston and Maine Railroad shall be valid or binding until the terms thereof shall have been first approved, at meetings called for the purpose, by the holders of a majority of the stock of the lessor corporation, exclusive of the stock acquired by the Boston and Maine Railroad under authority of this act, and also by the holders of a majority of the stock of the lessee corporation, and also approved by the board of railroad commissioners.

provisions may

SECTION 4. Any justice of the supreme judicial court Violation of or of the superior court may, upon application of the be restrained. board of railroad commissioners, or of the attorney-general of the Commonwealth, or of any party interested, restrain any violation or threatened violation of any of the provisions of this act.

SECTION 5. This act shall take effect upon its passage.
Approved March 19, 1898.

AN ACT RELATIVE TO THE OPEN SEASON FOR SHOOTING SCOTERS

OR COOTS.

Be it enacted, etc., as follows:

Chap.195

amended.

SECTION 1. Section one of chapter two hundred and 1894, 205, § 1, five of the acts of the year eighteen hundred and ninetyfour is hereby amended by inserting after the word

Penalty for taking, etc., grouse, quail, coots, etc.

Proviso.

. species", in the seventh line, the words:except the
scoters commonly called coots, and by inserting after
the word "September", in the eighth line, the words:
or any of the scoters commonly called coots, between the
twentieth day of May and the first day of September,-
so as to read as follows: — Section 1. Whoever takes or
kills a pinnated grouse at any time, or a woodcock, or a
ruffed grouse, commonly called a partridge, between the
first day of January and the fifteenth day of September,
or a quail between the first day of January and the fif-
teenth day of October, or a wood or summer duck, black
duck or teal, or any of the so-called duck species, except
the scoters commonly called coots, between the fifteenth
day of April and the first day of September, or any of the
scoters commonly called coots, between the twentieth day
of May and the first day of September; and whoever buys,
sells or has in his possession any of the birds named in
this act and protected thereby, during the time within
which the taking or killing thereof is prohibited, when-
ever or wherever the aforesaid birds may have been taken
or killed, shall be punished by a fine of twenty dollars for
every bird so taken or killed, or had in possession: pro-
vided, however, that any person, firm or corporation deal-
ing in game or engaged in the cold storage business, may
buy, sell or have in possession, and any person may buy
from such person, firm or corporation, and have in posses-
sion, if so bought, quail from the fifteenth day of October
to the first day of May; and any such person, firm or
corporation, may have in possession on cold storage,
quail, and may buy, sell and have in possession pinnated
grouse, wild pigeons and any of the so-called shore, marsh
or beach birds, or of the so-called duck species, at any
season, if said quail, grouse or other birds have not been
taken or killed in this Commonwealth contrary to the pro-
visions of this act.

SECTION 2. This act shall take effect upon its passage.
Approved March 19, 1898.

Chap.196 AN ACT RELATIVE TO THE REIMBURSEMENT OF EXPENSES INCURRED

1892, 243, etc., amended.

BY CERTAIN TOWNS IN THE MAINTENANCE OF THE INSANE.

Be it enacted, etc., as follows:

SECTION 1. Chapter two hundred and forty-three of the acts of the year eighteen hundred and ninety-two, as

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