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Penalty for forging seal.

Penalty for conveying cer

land.

four of the Public Statutes, and the various acts therein described, when done in reference to the records or instruments hereinbefore mentioned, shall be punished as provided in said section and chapter.

SECTION 114. Whoever forges or procures to be forged, or assists in forging,, the seal of the court of registration, or stamps or procures to be stamped, or assists in stamping, any document with such forged seal, or with the genuine seal of the court of registration without being duly authorized thereto, shall be punished by imprisonment in the state prison not exceeding ten years or in the jail not exceeding two years.

SECTION 115. Whoever, with intent to defraud, sells tain registered and conveys registered land knowing that an undischarged attachment or any other encumbrance exists thereon which is not noted by memorandum on the duplicate certificate of title, without informing the grantee of such attachment or other encumbrance before the consideration is paid, shall be punished by imprisonment in the state prison not exceeding three years, or in the jail not exceeding one year.

When to take effect.

SECTION 116. This act shall take effect upon the first day of October in the year eighteen hundred and ninetyeight. Approved June 23, 1898.

Chap.563 AN ACT MAKING APPROPRIATIONS FOR SUNDRY CHARITABLE EX

Appropria. tions.

State paupers and ship. wrecked

seamen.

Maintenance of

indigent and

neglected

children.

Be it enacted, etc., as follows:

PENSES.

SECTION 1. The sums hereinafter mentioned are appropriated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for the purposes specified, to meet certain charitable expenses for the year ending on the thirty-first day of December in the year eighteen hundred and ninety-eight.

For temporary aid for state paupers and shipwrecked seamen by cities and towns for the present and previous years, a sum not exceeding ten thousand dollars, the same to be in addition to the forty thousand dollars appropriated by chapter one hundred and nineteen of the acts of the present year.

For the care and maintenance of indigent and neglected children and juvenile offenders, to include expenses in connection with the same, a sum not exceeding five

thousand dollars, the same to be in addition to the one hundred thousand dollars appropriated by chapter one hundred and nineteen of the acts of the present year.

poor.

For salaries and expenses in the division of state adult State adult poor, a sum not exceeding seventeen thousand five hundred and fifty dollars.

For salaries and expenses in the division of state minor Minor wards. wards, a sum not exceeding fifteen thousand nine hun

dred and fifty dollars.

SECTION 2. So much of chapter one hundred and Repeal. nineteen of the acts of the present year as provides for salaries and expenses in the department of the indoor poor and salaries and expenses in the department of the outdoor poor is hereby repealed.

SECTION 3. This act shall take effect on the first day To take effect of July in the year eighteen hundred and ninety-eight.

Approved June 23, 1898.

AN ACT RELATIVE TO THE COMPENSATION TO BE PAID BY THE
COMMONWEALTH FOR WATER FURNISHED TO THE DANVERS LUNA-
TIC HOSPITAL.

Be it enacted, etc., as follows:

July 1, 1898.

Chap.564

for water

hospital.

SECTION 1. If the town of Danvers and the trustees Compensation of the Danvers lunatic hospital fail to agree as to the furnished to the amount of compensation to be paid by the Commonwealth Danvers lunatic for water supplied by said town to said hospital, pursuant to the articles of agreement made and concluded on the twenty-third day of June in the year eighteen hundred and seventy-six, by and between the Commonwealth, acting through the agency of the commissioners appointed under the authority of chapter two hundred and thirtynine of the acts of the year eighteen hundred and seventythree, and the town of Danvers, acting through the agency of the commissioners of said town, chosen under the authority of chapter one hundred and ninety-one of the acts of the year eighteen hundred and seventy-four, then the supreme judicial court sitting in equity shall, upon application of the selectmen of said town or the trustees of said hospital, appoint three commissioners who shall not be residents of said town, and who shall, after due notice and hearing, determine the sum to be paid for such water each year from the first day of December in the year eighteen hundred and ninety-six to the first day

Chap.565

Liability of persons and cor. porations for negligence,

etc.

of December in the year eighteen hundred and ninety-
nine. The award of said commissioners or a majority
thereof shall be returned into said court on or before the
fifteenth day of December of the current year, and when
accepted by said court shall be final and conclusive for
such term of years.
SECTION 2.

This act shall take effect upon its passage.
Approved June 23, 1898.

AN ACT RELATIVE TO THE LIABILITY OF PERSONS AND CORPORA-
TIONS FOR NEGLIGENCE RESULTING IN THE DEATH OF PERSONS NOT
IN THEIR EMPLOY.

Be it enacted, etc., as follows:

If, by reason of the negligence or carelessness of any person or corporation, or of the gross negligence or carelessness of any servant or agent of any person or corporation while engaged in the business of such person or corporation, the life of a person who is exercising due diligence and who is not in the employ or service of such person or corporation is hereafter lost, such person or corporation shall be liable in damages not exceeding five thousand dollars nor less than five hundred dollars, to be assessed with reference to the degree of culpability of such person or corporation, or of the servants or agents of such person or corporation, and to be recovered in an action of tort commenced within one year from the injury which caused death, by the executor or administrator of the deceased person, for the use of the widow and children of the deceased in equal moieties; or if there are no children, to the use of the widow; or if there is no widow, to the use of the next of kin.

Approved June 23, 1898.

Chap.566 AN ACT RELATIVE TO THE LOCATION, LAYING OUT AND CONSTRUC

1891, 323, § 17, etc., amended.

TION OF HIGHWAYS IN THE CITY OF BOSTON.

Be it enacted, etc., as follows:

SECTION 1. Section seventeen of chapter three hundred and twenty-three of the acts of the year eighteen hundred and ninety-one, as amended by section ten of chapter four hundred and eighteen of the acts of the year eighteen hundred and ninety-two, and by section three of chapter two hundred and thirty-seven of the acts of the year eighteen hundred and ninety-six, is hereby

of expense of

highways in the

amended by striking out the whole of said section and
inserting in place thereof the following:- Section 17. Apportionment
Said board of assessors may in their discretion appor- construction of
tion so much as remains unpaid of said assessable cost city of Boston.
and the interest thereon for which any parcel aforesaid
is liable, to sub-divisions of such parcel in proportion to
their areas, and include the several apportionments in
the annual tax bills issued for the taxes on the respective
sub-divisions, and every such apportionment shall be a
lien on the sub-division, and be abated, collected and
paid into the city treasury as a part of, and in the same
manner as, the other city taxes on such sub-division.
The owner of any such parcel or sub-division may at any
time pay to said city so much as remains unpaid of said
assessable cost and the interest thereon for which his
parcel or sub-division is liable, and the same shall then
be relieved from further lien or liability for such cost.
Said board of assessors may issue a tax bill for such
apportionment for any sub-division for which no tax bill
would otherwise be issued.

SECTION 2. This act shall take effect upon its passage.
Approved June 23, 1898.

AN ACT TO LIMIT THE CONNECTION BETWEEN SAVINGS BANKS AND
OTHER BANKS AND NATIONAL BANKING ASSOCIATIONS.

Be it enacted, etc., as follows:

Chap.567

between savings

ing associa

SECTION 1. No savings bank or institution for savings Connection hereafter incorporated shall occupy the same room with banks and any bank or national banking association, unless such national banksavings bank or institution for savings shall have first tions, etc. filed with the board of commissioners of savings banks an agreement signed by the president and the cashier or treasurer of such bank or national banking association, in accordance with a vote duly passed by the board of directors or trustees of such bank or national banking association, that it and they will permit and facilitate an examination of the books, accounts, vouchers, cash, securities and other property of such bank or banking association by the board of commissioners of savings banks, or by a person or persons duly appointed by said board, at such times and to such extent as may be deemed necessary or expedient by said board to determine the condition of the savings bank. The expense of such

Savings bank
commissioners
may close up
the business
of certain sav.
ings banks
unless, etc.

Savings banks

not to transact

business over the same counter used by a national bank. Proviso.

examination shall be fixed by said board of commissioners of savings banks and shall be paid by the bank or national banking association so examined. A duly certified copy of said vote shall be furnished at the same time with said agreement, and the agreement shall continue in force so long as such savings bank or institution for savings shall occupy the same room with such other bank or national banking association, or shall keep any of its money or securities in the same vault with such other bank or national banking association.

SECTION 2. If any savings bank or institution for savings which transacts its business within the same enclosure with any other bank or banking association at the time of the passage of this act shall not, on or before the first day of July in the year eighteen hundred and ninety-nine, have moved into a separate banking room, or have filed with the board of commissioners of savings banks such an agreement as is provided for in section one of this act in regard to savings banks hereafter incorporated, and executed in accordance with a vote of the board of directors or trustees of the institution occupying the same room with it, a certified copy of which vote is to be filed at the same time with said agreement, the board of commissioners of savings banks is hereby authorized and directed to proceed to close up the business of such savings bank or institution for savings, in the same manner as though such savings bank or institution for savings was insolvent. Said agreement shall continue in force so long as such savings bank or institution for savings continues to transact its business within the same enclosure with such other bank or banking association.

SECTION 3. No savings bank or institution for savings shall transact its business over the same counter or occupy in common the same safes or vaults with any bank, national banking association or trust company provided, however, that nothing herein contained shall be construed to prohibit a savings bank or institution for savings from occupying within such vault a safe or compartment over which it has exclusive control, or from transacting business over a part of the same counter which is separated by a suitable partition or lattice work from the part of the counter used exclusively by such other bank, banking association or trust company.

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