APPENDIX G.- NEW LEGISLATION, 1910. ACTS. [CHAPTER 63.] An Act relative to the Venue of Certain Actions for Damages. Be it enacted, etc., as follows: SECTION 1. Section one hundred and forty-five of chapter five hundred and fourteen of the acts of the year nineteen hundred and nine, being "An Act to codify the laws relating to labor," in so far as it applies to chapter three hundred and twenty of the acts of the year nineteen hundred and four, which relates to the venue of certain actions to recover for injury or damage, is hereby repealed, and said chapter three hundred and twenty shall be and remain of the same force and effect which it had at the time of the passage of said chapter five hundred and fourteen. SECTION 2. Said section one hundred and forty-five of chapter five hundred and fourteen of the acts of the year nineteen hundred and nine is hereby amended by inserting after the word "seventyfive", in the fifteenth line, the words: three hundred and twenty. SECTION 3. This act shall take effect upon its passage. [Approved February 10, 1910. — [CHAPTER 124.] An Act to limit the Authority of a Gas or Electric Light Company to change its Corporate Business. Be it enacted, etc., as follows: SECTION 1. Section forty-seven of chapter one hundred and ten of the Revised Laws is hereby amended by inserting after the word "chapter", in the sixth line, the words: and if incorporated for the purpose of making, selling or distributing gas for light or for heating, cooking, chemical and mechanical purposes, it shall not engage in the business of making or selling electricity for light, heat or power, unless duly authorized to engage therein as provided in section fourteen of chapter one hundred and twenty-one of the Revised Laws, and if incorporated for the purpose of making or selling electricity for light, heat or power, it shall not engage in the business of making, selling or distributing gas for light or for heating, cooking, chemical and mechanical purposes, so as to read as follows: Section 47. A corporation which is subject to the provisions of this chapter may, by a vote of all its stockholders at a meeting duly called for the purpose, alter, add to or change the business for the transaction of which it was incorporated, but it shall not engage in any business which is not authorized by the provisions of this chapter, and if incorporated for the purpose of making, selling or distributing gas for light or for heating, cooking, chemical and mechanical purposes, it shall not engage in the business of making or selling electricity for light, heat or power, unless duly authorized to engage therein as provided in section fourteen of chapter one hundred and twenty-one of the Revised Laws, and if incorporated for the purpose of making or selling electricity for light, heat or power, it shall not engage in the business of making, selling or distributing gas for light or for heating, cooking, chemical and mechanical purposes. A certificate setting forth such alteration, addition or change, signed and sworn to by the president, treasurer and a majority of the directors, shall be filed in the office of the secretary of the commonwealth. SECTION 2. This act shall take effect upon its passage. [Approved February 28, 1910. [CHAPTER 136.] An Act relative to the Municipal Election and the Municipal Year in the City of Holyoke. Be it enacted, etc., as follows: - SECTION 1. Section five of chapter four hundred and thirtyeight of the acts of the year eighteen hundred and ninety-six is hereby amended by striking out the word "second", in the second line, and inserting in place thereof the word: first, so as to read as follows:- Section 5. The municipal election shall take place annually on the first Tuesday of December, and the municipal year shall begin at ten o'clock in the morning on the first Monday of January next following, and continue until ten o'clock in the morning on the first Monday of January next following. SECTION 2. This act shall take effect upon its acceptance by the board of aldermen of the city of Holyoke. [Approved February 28, 1910. [CHAPTER 166.] An Act relative to giving Notices of Injuries. Be it enacted, etc., as follows: - SECTION 1. Section twenty-one of chapter fifty-one of the Revised Laws is hereby amended by inserting after the word "treasurer", in the sixth line, the words: If the person injured dies within the time required for giving the notice, his executor or administrator may give such notice within thirty days after his appointment, and by striking out all after the word "removed", in the ninth line, and ending with the word "notice ", where it first occurs in the eleventh line, and inserting in place thereof the words: and if he dies within said ten days, so as to read as follows: Section 21. Such notice shall be in writing, signed by the person injured or by some one in his behalf, and may be given, in the case of a county, to one of the county commissioners or the county treasurer; in the case of a city, to the mayor, the city clerk or treasurer; and in the case of a town, to one of the selectmen or to the town clerk or treasurer. If the person injured dies within the time required for giving the notice, his executor or administrator may give such notice within thirty days after his appointment. If by reason of physical or mental incapacity it is impossible for the person injured to give the notice within the time required, he may give it within ten days after such incapacity has been removed, and if he dies within said ten days his executor or administrator may give the notice within thirty days after his appointment. SECTION 2. Section one hundred and thirty-two of chapter five hundred and fourteen of the acts of the year nineteen hundred and nine is hereby amended by striking out the semi-colon and the word "but", in the eighth line, and inserting a period and the words: If the person injured dies within the time required for giving the notice his executor or administrator may give such notice within sixty days after his appointment, — by changing the first letter in the word "if", in the ninth line, to a capital, and by striking out the comma in the ninth line, and all after the word "dies", in the twelfth line, and ending with the comma following the word "it", in the fifteenth line, and inserting in place thereof the words: within said ten days, - so as to read as follows:Section 132. No action for the recovery of damages for injury or death under the provisions of the five preceding sections shall be maintained unless notice of the time, place and cause of the injury is given to the employer within sixty days, and the action is commenced within one year, after the accident which causes the injury or death. Such notice shall be in writing, signed by the person injured or by a person in his behalf. If the person injured dies within the time required for giving the notice his executor or administrator may give such notice within sixty days after his appointment. If from physical or mental incapacity it is impossible for the person injured to give the notice within the time provided in this section, he may give it within ten days after such incapacity has been removed, and if he dies within said ten days his executor or administrator may give such notice within sixty days after his appointment. A notice given under the provisions of this section shall not be held invalid or insufficient solely by reason of an inaccuracy in stating the time, place or cause of the injury, if it is shown that there was no intention to mislead and that the employer was not in fact misled thereby. SECTION 3. This act shall take effect upon its passage. [Approved March 4, 1910. [CHAPTER 171.] An Act to make Uniform the Law of Transfer of Shares of Stock in Corporations. Be it enacted, etc., as follows: TRANSFER OF TITLE. SECTION 1. Title to a certificate and to the shares represented thereby shall be transferred only, (a) By delivery of the certificate indorsed either in blank or to a specified person by the person appearing by the certificate to be the owner of the shares represented thereby, or (b) By delivery of the certificate and a separate document containing a written assignment of the certificate or a power of attorney to sell, assign, or transfer the same or the shares represented thereby, signed by the person appearing by the certificate to be the owner of the shares represented thereby. Such assignment or power of attorney may be either in blank or to a specified person. The provisions of this section shall be applicable although the charter or articles of incorporation or code of regulations or by-laws of the corporation issuing the certificate and the certificate itself, provide that the shares represented thereby shall be transferable only on the books of the corporation or shall be registered by a registrar or transferred by a transfer agent. SECTION 2. Nothing in this act shall be construed as enlarging the powers of an infant or other person lacking full legal capacity, or of a trustee, executor or administrator, or other fiduciary, to make a valid indorsement, assignment or power of attorney. SECTION 3. Nothing in this act shall be construed as forbidding a corporation, (a) To recognize the exclusive right of a person registered on its books as the owner of shares to receive dividends, and to vote as such owner, or (b) To hold liable for calls and assessments a person registered on its books as the owner of shares. SECTION 4. The title of a transferee of a certificate under a power of attorney or assignment not written upon the certificate, and the title of any person claiming under such transferee, shall cease and determine if, at any time prior to the surrender of the certificate to the corporation issuing it, another person, for value in good faith, and without notice of the prior transfer, shall purchase and obtain delivery of such certificate with the indorsement of the person appearing by the certificate to be the owner thereof, or shall purchase and obtain delivery of such certificate and the written assignment or power of attorney of such person, though contained in a separate document. SECTION 5. The delivery of a certificate to transfer title in accordance with the provisions of section one, shall be effectual, except as provided in section seven, though made by one having no right of possession and having no authority from the owner of the certificate or from the person purporting to transfer the title. SECTION 6. The indorsement of a certificate by the person appearing by the certificate to be the owner of the shares represented thereby shall be effectual, except as provided in section seven, though the indorser or transferor, (a) was induced by fraud, duress or mistake, to make the indorsement or delivery, or (b) has revoked the delivery of the certificate, or the authority given by the indorsement or delivery of the certificate, or (c) has died or become legally incapacitated after the indorsement, whether before or after the delivery of the certificate, or (d) has received no consideration. |