Section 121. Cities and towns shall provide and maintain for units of the armed forces of the commonwealth permanently stationed within the limits of their respective cities or towns, a suitable outdoor range for small arms practice. In lieu thereof, the city or town shall annually pay to the units located within its limits, such amounts as may annually be determined by the adjutant general to defray the costs of transportation, meals, target hire and other necessary expenses in connection with annual small arms firing, not exceeding seven dollars per person enrolled therein as of December thirty-first in each year; provided, however, that no payments shall be made by the cities and towns under this section if sufficient sums are provided by the federal or state governments for such purposes.
Any city or town failing to comply with the above requirements shall forfeit to the commonwealth a sum not exceeding five thousand dollars per unit stationed therein for each year during which such failure continues, to be recovered upon an information in equity brought in the superior or supreme judicial court by the attorney general at the relation of the adjutant general. Any amount so forfeited shall be credited to the appropriation for small arms practice for the fiscal year in which the forfeiture occurs. The above cities and towns may acquire land for ranges by purchase or lease, or by eminent domain under chapter seventy-nine, and may raise money by taxation or otherwise for this purpose.
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