pose of retiring the outstanding bonds and notes of the Lynn and Boston Railroad Company, the said company may, from time to time, subject to the provisions of the laws existing at the date of such issue, issue coupon or registered bonds, bearing interest not exceeding six per cent. per annum, to an amount not exceeding the amount of its bonds, notes and other indebtedness now outstanding, for a term not exceeding thirty years from the date thereof; and to secure payment of said bonds, with interest thereon, the said Lynn and Boston Railroad Company may mortgage its road and franchise and all or any part of its property, and may include in such mortgage property thereafter to be acquired. Said company may in such May reserve mortgage reserve to its directors the right to sell or other- of certain prop wise dispose of property included in such mortgage which erty. may become worn or damaged or otherwise unsuitable to be used in the operation of its road, provided that an equivalent in value is substituted therefor. Approved June 25, 1894. AN ACT TO AUTHORIZE THE BROOKLINE GAS LIGHT COMPANY TO INCREASE ITS CAPITAL STOCK. Be it enacted, etc., as follows: right to dispose Chap.518 capital stock. The Brookline Gas Light Company is hereby authorized May increase to increase its capital stock. This increase shall be made in accordance with the provisions of chapter four hundred and seventy-two and of chapter four hundred and fifty of the acts of the year eighteen hundred and ninety-four, in the manner provided by law, at such times and in such amounts as it may from time to time determine: provided, Proviso. the whole amount of capital stock of said Brookline Gas Light Company shall not exceed two million dollars. Approved June 25, 1894. AN ACT RELATIVE TO VETERANS EMPLOYED IN THE CIVIL SERVICE OF CITIES. Be it enacted, etc., as follows: Chap.519 service of cities removed, etc., SECTION 1. No person who has served in the United Veterans in civil States army or navy in time of war and been honorably not to be discharged therefrom, and who holds an office or position except upon in the civil service of any city in the Commonwealth, shall be removed or suspended or, without his consent, hearing, etc. Penalty. transferred from such office or position, except after a full hearing before the mayor of such city, at which the person aggrieved shall have the right to be represented in person or by counsel. SECTION 2. Whoever violates the provisions of this act shall be punished by fine not exceeding five hundred dollars., Approved June 25, 1894. Chap.520 AN ACT to authorize the CITY OF CAMBRIDGE TO TAKE ADDI May take land, etc., to preserve of Fresh Pond. TIONAL LAND FOR THE BETTER PRESERVATION OF THE PURITY OF THE WATERS IN FRESH POND. Be it enacted, etc., as follows: SECTION 1. The city of Cambridge, in addition to the purity of waters power given under chapter one hundred and thirty-seven of the acts of the year eighteen hundred and eighty-eight, for the better preservation of the purity of the waters in Fresh Pond, at any time within six months after the passage of this act, may take and hold by purchase or otherwise a certain parcel of land with all buildings thereon, situated in said Cambridge, bounded as follows:- Beginning at a point in the southeasterly location line of the Watertown branch of the Fitchburg railroad, at the intersection of said line with the westerly line of Fresh Pond lane, so-called; thence running southerly along the said westerly line of Fresh Pond lane, about four hundred and thirty-seven feet to the northerly line of Huron street as laid out and extended in the year eighteen hundred and ninety-one; thence running southwesterly and westerly along said northerly line of Huron street to the said southeasterly location line of the Watertown branch of the Fitchburg railroad; thence running northeasterly along said location line to the point of beginning; containing about two hundred and fifty-one thousand three hundred and forty-four square feet. Description of land, etc., to be recorded. SECTION 2. Said city shall, within sixty days after taking any lands or buildings as herein provided, otherwise than by purchase, for the purposes of this act, file and cause to be recorded in the registry of deeds for the county and district in which said land and buildings are situated, a description thereof sufficiently accurate for identification, with a statement of the purpose for which the same were taken, which statement shall be signed by the mayor; and said city shall also cause notice of such taking to be sent by mail to the owners of record of the lands so taken. SECTION 3. Said city shall be liable to pay all damages Damages. sustained in property by any person or corporation by reason of the taking of any land, right or easement, or by any other thing done by said city under the authority of this act. If any one sustaining damages as aforesaid does not agree with said city upon the amount of said damage, he may within two years from such taking, and not afterwards, apply by petition for an assessment of the damage to the superior court in the county in which the property taken or damaged is situated. Such petition may be filed at any time within said two years in the office of the clerk of said court, who shall thereupon issue a summons to said city, returnable at the next return day after the expiration of fourteen days from the filing of the petition. The summons shall be served fourteen days at least before the day on which it is returnable, by leaving a copy thereof, and of the petition, certified by the officer who served the same, with the clerk of said city, and the court may upon default or hearing of said city appoint three disinterested persons, who shall, after reasonable notice to the parties, assess the damages, if any, which such petitioner may have sustained as aforesaid, and the award of the persons so appointed, or a major part of them, being returned into and accepted by the court shall be final, and judgment shall be rendered and execution issued thereon for the prevailing party, with costs, unless one of the parties claims a trial by jury, as hereinafter provided. fied may have jury. SECTION 4. If either of the parties mentioned in the Parties dissatis preceding section is dissatisfied with the amount of dam- amount fixed by age awarded, as herein provided for, such party may, the sitting of the court at which said award was accepted, or the next sitting thereafter, claim in writing a trial in said court, and thereupon all questions of fact relating to such damages shall be heard and determined and the amount of damages assessed by a jury at the bar of said court, and the verdict of the jury being accepted and recorded by the court shall be final and conclusive, and judgment shall be rendered and execution issued thereon, and costs shall be recovered by the parties respectively; and all the aforesaid proceedings and matters shall be had and determined in the same manner as is provided by law in regard to proceedings relating to laying out of highways. City may tender a certain sum, etc. Powers and authority, etc., cised. SECTION 5. In every case of a petition to the superior court for an assessment of damages as provided in this act, the said city may tender to the petitioner or his attorney any sum, or may bring the same into court to be paid to the petitioner for the damages by him sustained or claimed in his petition, or may in writing offer to be defaulted and that damages may be awarded against it for the sum therein expressed; and if the petitioner does not accept the sum so offered or tendered, with his costs up to that time, but proceeds with his suit, he shall be entitled to his costs to the time of such tender or payment into court or offer of judgment, and not afterwards, unless the amount recovered by him in such action exceeds the amount so tendered. SECTION 6. All the rights, powers and authority given by whom exer to the city of Cambridge by this act shall be exercised by said city, subject to all duties, liabilities and restrictions herein contained, in such manner and by such agents, officers and servants as the city council shall from time to time ordain, direct and appoint. Expense to be met by loans. SECTION 7. The expense of the land taken or purchased as aforesaid, of the damages herein referred to for improving the land by grading or altering, shall be met and paid out of the proceeds of loans authorized or that may be authorized for water purposes. SECTION 8. This act shall take effect upon its passage. Chap.521 AN ACT TO AUTHORIZE THE BOSTON AND ALBANY RAILROAD COM May locate tracks in Wellesley. PANY TO MAKE A LOCATION IN THE TOWN OF WELLESLEY. Be it enacted, etc., as follows: SECTION 1. The Boston and Albany Railroad Company may lay out its road, not exceeding nine rods in width, through land now or formerly of Charles T. Wilder, in the town of Wellesley, between land formerly of L. Allen Kingsbury and Woodlawn avenue, where the tracks of the Boston and Albany Railroad Company are now laid, and shall file a location thereof within one year, with the county commissioners of the county of Norfolk, defining the courses, distances and boundaries thereof. Location to be a Said location shall constitute a taking of the land described in it on the day of the date at which it is filed, and the owner thereof shall be entitled to and may recover all taking of land, etc. damages and have all the remedies for such taking to the SECTION 2. This act shall take effect upon its passage. AN ACT TO AMEND AND CODIFY THE STATUTES RELATING TO IN SURANCE. Be it enacted, etc., as follows: Chap.522 Insurance Act, defined. SECTION 1. This act may be cited as the Massachu- Massachusetts setts Insurance Act of eighteen hundred and ninety-four. 189. When consistent with the context and not obviously used Certain terms in a different sense the term company", or "insurance company", as used herein, includes all corporations, associations, partnerships or individuals engaged as principals in the business of insurance; the word "domestic", designates those companies incorporated or formed in this Commonwealth, and the word "foreign", when used without limitation, includes all those formed by authority of any other state or government; the terms "unearned premiums and reinsurance reserve", and "net value of policies", or "premium reserve", severally intend the liability of an insurance company upon its insurance contracts, other than accrued claims, computed by rules of valuation established by section eleven; by the term "net assets", is meant the funds of an insurance company available for the payment of its obligations in Massachusetts, including, in the case of a mutual fire company, its deposit notes or other contingent funds, and, in the case of a mutual marine or mutual fire and marine company, its subscription fund and premium notes absolutely due, and also including uncollected and deferred premiums not more than three months due, on policies actually in force, after deducting from such funds all unpaid losses and claims, and claims for losses, and all other debts and liabilities inclusive of policy liability and exclusive of capital; the "profits" of a mutual insurance company are that portion of its cash funds not required for payment of losses and expenses nor set apart for any purpose allowed by law. subject to act; SECTION 2. All insurance companies now or hereafter Companies incorporated or formed by authority of any general or exceptions. special law of this Commonwealth, except corporations formed under or subject to chapter three hundred and |