USA > Massachusetts > Norfolk County > Norwood > Norwood annual report 1895-1899 > Part 46
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candidates and his answer to the questions submitted; and on the ballot may be printed such words as will aid the voter to do this, as "vote for one," "vote for three," "yes," "no" and the like. Before distribution the ballots shall be so folded in marked creases as to measure when folded not less than four and one-half nor more than five inches in width and not less than six nor more than thirteen and one-half inches in length. On the back and outside, when folded, shall be printed "Official Ballot for the Town of -," and the date of the election, and the signature or fae-simile of the signature of the town clerk. The special ballots printed for the use of women qualified to vote for school committee shall contain, the additional endorsement that they are for such use only, and shall be on tinted paper but of a different tint from that of specimen ballots.
SECTION 8. All ballots when printed shall be folded as hereinbe- fore provided and fastened together in convenient numbers in packages, books or blocks, in such manner that each ballot may be detached and re- moved separately. A record of the number of ballots printed and fur- nished shall be kept and preserved by the town clerk.
SECTION 9. There shall be provided in each town a set of such gen- eral ballots, of not less than seventy-five for every fifty and fraction of fifty registered male voters therein; and likewise a set of such special ballots, of not less than seventy-five for every fifty and fraction of fifty women qualified to vote for school committee therein.
SECTION 10. The town clerk shall provide full instructions for the guidance of voters at such elections, as to obtaining ballots, as to the manner of marking them, and the method of obtaining assistance, and as to obtaining new ballots in place of those accidentally spoiled; and shall cause the same, together with copies of sections twenty-seven, twenty- eight, twenty-nine and thirty of chapter four hundred and thirteen of the acts of the year eighteen hundred and eighty-nine, and any amendments thercof, to be printed in large, clear type, on separate cards, to be called cards of instructions. He shall also cause to be printed on tinted paper, and without the endorsements, ten or more copies of the form of the ballot provided for such election, which shall be called specimen ballots, and shall be furnished with the other ballots provided therefor.
SECTION 11. At least four days prior to the day of the election, the town clerk shall cause to be conspicuously posted in one or more publie places a printed list containing the names and residences of all candidates to be voted for in such town, and any designation as provided in section five, substantially in the form of the general ballot to be so used therein.
SECTION 12. The ballots, together with the specimen ballots and cards of instructions printed by the town clerk as herein provided, shall be packed by him in scaled packages, with marks on the outside designating the number of ballots of each kind enclosed.
SECTION 13. Before the opening of the polls the selectmen shall ap-
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point two ballot clerks, and in case of vacancies after the opening of the polls the moderator shall fill the same. The ballot clerks shall have charge of the ballots and shall furnish them to the voters in the manner hereinafter provided.
SECTION 14. The town clerk shall, before the opening of the polls on the day of election, deliver the ballots to the ballot clerks, who shall receipt therefor, which receipt shall be kept in the clerk's office. Before the opening of the polls the town clerk shall cause the cards of instruc- tions to be posted at or in each voting shelf or compartment provided for the marking of the ballots, and not less than three such cards and not less than five specimen ballots to be posted in or about the polling room, outside the guard rails. No ballots prepared under this act shall be de- livered to voters until a moderator has been chosen in the manner now provided by law. A duplicate list of the qualified voters shall be pre- pared for the use of ballot clerks, and all the provisions of law relative to the preparation, furnishing, use and preservation of check-lists shall apply to such duplicate lists.
SECTION 15. Except as herein provided, the election shall be con- ducted as now provided by law. In case of failure to elect any officers. to be chosen as herein provided, the meeting shall be adjourned to a day certain, when such officers shall be chosen as herein provided.
SECTION 16. Sections twenty-one, twenty-two, twenty-three, twenty- four, twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine and thirty of chapter four hundred and thirteen of the acts of the year eighteen hundred and eighty-nine, and any amendments thereof, shall be applicable to town elections held under this act. [Approved June 4, 1890.]
(Adopted in town meeting, January, 1891.)
[PUBLIC STATUTES -CHAPTER 50.]
SECTION 2]. No sidewalk constructed or graded in a city or town shall be dug up or obstructed in any part thereof without the consent of the mayor and aldermen of the city, or of the selectmen or road commis- sioners of the town.
SECTION 22. In cities in which the city council, and in towns in which the inhabitants at an annual town meeting have adopted the pro- visions of chapter three hundred and three of the statutes of the year eighteen hundred and seventy-two and of chapter one hundred and seven of the statutes of the year eighteen hundred and seventy-four, or of this and the following sections, the mayor and aldermen or the selectmen or road commissioners may grade and construct sidewalks and complete partially constructed sidewalks in any street, as the public convenience.
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may require, with or without edgestones, and may cover the same with brick, flat stone, concrete, gravel, or other appropriate material; and may assess not exceeding one-half of the expense proportionally upon the abutters on such sidewalks; but no abutter shall be assessed a sum ex- ceeding one per cent of the valuation of his abutting estate as fixed by the last preceding annual assessment for taxes; and all assessments so made shall constitute a lien upon the abutting land, and be collected in the same manner as taxes on real estate. The mayor and aldermen, selectmen, or road commissioners shall deduct from the assessment for sidewalks so constructed with edgestones and covered any sum previously assessed on the abutting premises, and paid for the expense of the con- struction of such sidewalk in any other manner. Such deduetion shall be made proportionally from the assessments upon abutters, who are owners of estates in respect of which such former assessments were paid. Such sidewalks, when so constructed and covered, shall be maintained at the expense of such city or town.
SECTION 23. In estimating the damage sustained by the construction of sidewalks under the preceding section, there shall be allowed, by way of set-off, the benefit, if any, to the property of the party by reason thereof.
SECTION 24. The provisions of section twenty-two, limiting assess- ments to one per cent, shall not apply to any sidewalk constructed before the twenty-seventh day of April in the year eighteen hundred and seventy-four, nor to any city unless the city council thereof has accepted the provisions of the two preceding sections or of chapter one hundred and seven of the statutes of the year eighteen hundred and seventy-four.
SECTION 25. In cities in which the city council, and in towns in which the inhabitants have adopted the provisions of this and the fol- lowing section, or of the corresponding provisions of earlier statutes, the mayor and aldermen or selectmen or road commissioners may establish and grade sidewalks in such streets as in their judgment the public con- venience may require, and may assess the abutters on such sidewalks one- half the expense of the same, the residue being paid by such city or town. All assessments so made shall be a lien upon the abutting lands, and may be collected in the same manner as taxes on real estate.
(Adopted in town meeting, March, 1894.)
[PUBLIC STATUTES -CHAPTER 51. ]
BETTERMENTS.
SECTION 1. At any time within two years after a street, highway, or other way is laid out, altered, widened, graded, or discontinued in a city or town by an order declaring the same to be done under the provisions of law authorizing the assessment of betterments, if, in the opinion of the
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board of city or town officers authorized to lay out streets or ways re- spectively therein, any real estate, including that a part of which is taken therefor, receives any benefit and advantage therefrom beyond the gen- eral advantages to all real estate in the city or town, such board may de- termine the value of such benefit and advantage to such estate, and may assess upon the same a proportional share of the expense of such laying out, alteration, widening, grading, or discontinuance; but no such assess- ment shall exceed one-half the amount of such adjudged benefit and advantage; nor shall the same be made until the work of laying out, altering, widening and grading is completed, or the discontinuance made.
SECTION 2. Any such assessment which is invalid, and which has not been paid or has been recovered back, may be reassessed by such board, to the amount for which the original assessment ought to have been made, and the same shall be a lien upon the estate, and shall be collected in the same manner as reassessed taxes.
SECTION 3. The expense so assessed shall include all damages for land and buildings taken; and in estimating such damages the value of all buildings on the land, a part of which is taken, shall be included, and there shall be deducted therefrom the value of the materials removed and of all the buildings or parts of buildings remaining thereon; and the damages for land taken shall be fixed at the value thereof before such laying out, alteratiou, or widening, and shall be paid in the same man- ner and upon the same conditions, as in other cases of the laying out. alteration, widening, grading, or discontinuance of streets and ways.
SECTION 4. A person owning real estate abutting on any such street, highway, or other way, and liable to such assessment, may give notice in writing to such board, before the estimate of damages is made, that he objects to the same and elects to surrender his estate: and if said board adjudges that the public convenience and uccessity require the taking of such abutting estate for the improvements named, they may take the whole thereof, and shall thereupon estimate its value, excluding the benefit or advantage accrued from the laying out. alteration, widening, grading, or discontinuance; and such owner shall convey the estate to such city or town, which shall pay him therefor the value so estimated, and the same may be recovered by an action of contract; and the city or town may sell any portion of said estate not needed for such improve- ments.
SECTION 5. Every such assessment shall constitute a lien upon the real estate assessed, to be enforced with like charges for costs and interest in the manner provided by law for the collection of taxes: and if the owner at any time before demand made gives notice to such board to ap- portion such an assessment, said board shall apportion the same into three equal parts, and shall certify such apportionment to the assessors; and the assessors shall add one of said parts, with interest from the date
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of apportionment, to the annual tax of said estate for each of the three years next ensuing; and all such assessments remaining unpaid after they become due shall draw interest until the payment thereof.
SECTION 6. A party aggrieved by the doings of such board may within one year apply to the superior court for the county in which the estate is situated, by petition filed in term time or in the clerk's office in vaca- tion; and after due notice to the city or town, a trial shall be had by the jury at the bar of the court, and if either party requests it, the jury shall view the place in question.
SECTION 7. If the jury does not reduce the assessment, the respond- ent shall recover costs, which shall be a lien upon the estate, and shall be collected in the same manner as the assessment; but if the jury reduces the assessment, the petitioner shall recover costs; and all assessments shall be a lien on the estate for one year after final judgment in any pro- ceeding whercin the amount or validity of the same is called in question, and shall be collected in the same manner as original assessments.
SECTION 8. When an assessment is made upon an estate, the whole or part of which is leased, the owner shall pay the assessment, and may col- lect of the lessce an additional rent for the portion so leased, cqual to ten per cent per annum on that proportion of the sum paid which the leased portion bears to the whole estate, after deducting from the whole sum any amount received for damages to the estate above what he has neces- sarily expended thereon by reason of such damages.
SECTION 9. In a city where the mayor and aldermen are part of the board authorized to lay out streets or ways, such mayor and aldermen shall constitute the board named in this chapter.
SECTION 10. The preceding sections shall not take effect in any town which has not accepted the provisions of chapter one hundred and sixty- nine of the statutes of the year eighteen hundred and sixty-nine, or of chapter three hundred and eighty-two of the statutes of the year eighteen hundred and seventy-one until accepted at a legal town meeting.
(Adopted in town meeting, March, 1894.)
[PUBLIC STATUTES -CHAPTER 58.]
SECTION 1. The mayor and aldermen of cities and the selectmen of towns may annually appoint one or more persons to be inspectors of provisions and of animals intended for slaughter. Such inspectors shall be sworn faithfully to discharge the duties of their office, and shall re- ceive such compensation as the city council or the selectmen shall de- termine.
SECTION 2. Said inspectors may inspect all animals intended for slaughter, and all meats, fish, vegetables, produce, fruits and provisions of
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all kinds found in said cities or towns or exposed for sale or kept with intent to sell therein; and may for this purpose enter into all buildings or enclosures where said animals, meats, fish, vegetables, produce, fruits, or provisions are kept, stored, or exposed for slaughter or sale. When such animals, meat, fish, vegetables, produce, fruit, or provisions are found on such inspection to be tainted, diseased, corrupted, decaved, or unwholesome from any cause, said inspectors shall seize the same, and eause them, or it, to be destroyed or disposed of otherwise than for food; but if, at the time of the seizure the owner of the property seized notifies in writing the inspector seizing the same of his desire to appeal to the board of health, said inspector shall cause said animals, meat, fish or vegetables, produce, fruit, or provisions to be inspected by said board of health, or by a committee thereof consisting of not less than two mem- bers; and if said board or committee find the same to be tainted, diseased, corrupted, or unwholesome, they shall order the same to be destroyed or disposed of otherwise than for food. If said board or committee do not so find, they shall order said meat, fish, vegetables, produce, fruit, or pro- visions to be forthwith returned to the owner thereof. All moneys re- ceived by said inspectors or board of health for property disposed of as aforesaid shall, after deducting all expenses ineurred by reason of sueh seizure, be paid to the owner of such property.
SECTION 3. Said inspectors may inspect all veal found in said cities or towns, or offered or exposed for sale or kept with intent to sell there- in, and if said veal is, in the judgment of the inspector, that of a calf killed under four weeks old, he shall seize the same and cause it to be de- stroyed or disposed of as provided in the preceding section, subject, how- ever, to the provisions therein contained coneerning appeal and the dis- posal of moneys.
SECTION 4. When complaint is made on oath to any police, district, or municipal court, or to a magistrate authorized to issue warrants in erini- inal cases that the complainant believes that any diseased animals or any tainted, diseased, corrupted, decaved, or unwholesome meat, fish, vegetables, produce, fruit. or provisions of any kind, or any veal of a ealf killed under four weeks old, are kept or concealed in a particular place with the intent to sell, or offer the same for sale for food, the court or magistrate, if satisfied there is reasonable cause for such belief, shall issue a warrant to search for such animals or articles, and all such war- rants shall be directed and executed as provided in section three of chapter two liundred and twelve. If upon hearing, said court or magis- trate determines that said animals, or articles, or any of them were kept or concealed for the purpose aforesaid, the same shall be destroyed or dis- posed of by the inspector, or by any officer designated by the court or magistrate according to the provisions of seetion two of this chapter; if the court or magistrate does not so determine, said animals or articles shall be returned to the owner.
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SECTION 5. Whoever knowingly sells, or offers or exposes for sale, or has in his possession with intent to sell for food, any diseased animal or any tainted, diseased, corrupted, decayed, or unwholesome meat, fish, vegetables, produce, fruit, or provisions of any kind whatever, shall be punished by imprisonment in jail for not more than sixty days, or by fine of not more than one hundred dollars.
SECTION 6. The place where property condemned under this chapter is found, and the name of every person in whose possession it is found, and of every person convicted of an offence under the preceding section shall be published in two newspapers published in the county in which the property was found or the conviction took place.
SECTION 7. The provisions of this chapter shall not be in force in any city or town, unless they are adopted by the city council of such city or by the inhabitants of such town, or unless the provisions of chapter one hundred and eighty of the statutes of the year eighteen hundred and seventy-six have been already so adopted.
(Adopted in town meeting, March, 1894.)
[ACTS OF 1893-CHAPTER 462.]
AN ACT TO AUTHORIZE THE ESTABLISHMENT OF A BUILDING LINE ON PUBLIC WAYS .-
Be it enacted, etc., as follows:
SECTION 1. The board or officers having authority to lay out city or town ways may in the manner prescribed by law for giving notice of an intention to lay out any such way, give notice of an intention to estab- lish a building line parallel to, and not more than twenty-five feet dis- tant from, any exterior line of a highway or city or town way, and after said notice may pass a vote establishing such building line, and in the case of a city, upon the recording of said vote in the records of the city, or in a town, upon the acceptance of said vote by the inhabitants of the town at a town meeting called as provided by law, said building line shall be established; and until another building line shall thereafter be estab- lished in the same manner, no structure shall thereafter be erected, placed or maintained between such building line and such way, except that steps, windows, porticos and other usual projections appurtenant to the front wall of a building, may be allowed in such restricted space, to the extent prescribed in the vote establishing such building line.
SECTION 2. Any person sustaining damage by reason of the estab- lishment of such building line shall have the same remedies for obtaining payment therefor as may be prescribed by law for obtaining payment for damages sustained by the laying out of a highway in such city or town.
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SECTION 3. This act shall take effect in any city when accepted by the city council thereof, and in any town when accepted by a majority of the legal voters thereof present and voting thereon at a town meeting. called for the purpose. [Approved June 9, 1893.] (Adopted in town meeting, March, 1895.)
[ACTS OF 1882-CHAPTER 154.]
AN ACT AUTHORIZING TOWNS AND CITIES TO LAY OUT PUBLIC PARKS WITHIN THEIR LIMITS.
Be it enacted, ete., as follows :
SECTION 1. Any town in this Commonwealth which accepts the pro- visions of this act in the manner hereinafter prescribed may, at a legal meeting called for the purpose, elect three competent persons who shall constitute a board of park commissioners for such town, and may pre- scribe their terms of office; and the mayor of any city which in such manner accepts said provisions may, with the approval of the city council, as soon as may be after such acceptance, appoint five competent persons who shall constitute a board of park commissioners for such city, and who shall hold their offices until the expiration of terms of one, two, three, four and five years respectively, from the first Monday in May next fol- lowing such appointment; and the mayor shall, before the first Monday in May in each year thereafter, with like approval appoint one such com- missioner to continue in office for five years from the expiration of the term of the commissioner then next outgoing. No person shall be such commissioner who is at the same time a selectman, or other officer of such town, or a member of the city council, clerk or treasurer of such city ; and any such commissioner may be removed by a vote of two-thirds of the legal voters of such town, at a legal town meeting called for the purpose, or by a concurrent vote of two-thirds of the whole of each branch of such city council.
SECTION 2. Any vacancy occurring in such board shall be filled for the residue of the term of the commissioner whose place is to be filled in the manner in which such commissioner was originally appointed. Such commissioners shall serve without compensation.
SECTION 3. Such boards of park commissioners shall have power to locate within the limits of their respective towns or cities a public park or parks, and for that purpose from time to time to take in fee by pur- chase, gift, devise or otherwise, any and all such lands as they may deem desirable therefor, or to take bonds for the conveyance thereof to their respective towns or citics; to lay out and improve any such park or
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parks; to make rules for the use and government thereof, and for breaches of such rules to affix penalties not exceeding twenty dollars for one offence, to be imposed by any court of competent jurisdiction; to ap- point all necessary engineers, surveyors, clerks and other officers, includ- ing a police force to act in such parks; to define the powers and duties of such officers and fix the amount of their compensation; and generally to do all acts needful for the proper execution of the powers and duties granted to or imposed upon such town or city or upon such boards by this act: provided, however, that no land shall be taken, or any other thing involving an expenditure of money be done under this act until an appropriation sufficient to cover the estimated expense thereof shall in a town have been made by a vote of two-thirds of the legal voters present and voting in a legal town meeting called for the purpose, or in a city by a vote of two-thirds of each branch of the city council; and such ex- penditures shall in no case exceed the appropriations made therefor, and all contracts made for expenditures beyond the amount of such appropri- ations shall be void; provided, further, that in a town no taking of land otherwise than by purchase shall be valid unless such taking is reported to the town, filed, accepted and allowed, as provided by section seventy- one of chapter forty-nine of the Public Statutes in the case of laying out town ways.
SECTION 4. Such board shall, within sixty days after the taking of any land under this act, file and cause to be recorded in the registry of deeds for the county or district in which any land so taken is situated a description thereof sufficiently accurate for identifying the same.
SECTION 5. Such boards shall respectively estimate and determine all damages sustained by any person by the taking of land or by other acts of such boards in the execution of the powers vested in them respectively by this act; but a person aggrieved by any such determination of the board may have his damages assessed by a jury of the superior court in the same manner as is provided by law with respect to damages sustained by reason of the laying out of ways. If upon trial damages are increased beyond the award, the party in whose favor the award was made shall recover his costs; otherwise he shall pay costs; and costs shall be taxed as in civil cases.
SECTION 6. The fee of any land taken or purchased by such boards in any town or city for a park under this act shall vest in the town or city in which such park is laid out; and such town or city shall be liable to pay all damages assessed or determined, as provided in the preceding sec- tion, and all other costs and expenses incurred by its board of park com- missioners in the execution of the powers vested in such board by this act. Any town or city shall also be authorized to take and hold in trust or otherwise any devise, grant, gift or bequest that may be made for the purpose of laying out, improving or ornamenting any park or parks therein.
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