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ACTS
UESOLA^ES
PASSED BY THE
General Court at passac^usdls,
IN THE YEAR
18 6 3:
TOGETHER WITH
THE CONSTITUTION, THE MESSAGES OF THE GOV- ERNOR, LIST OF THE CIVIL GOVERNMENT, CHANGES OF NAVIES OF PERSONS,
ETC., ETC., ETC.
PUBLISHED BY THE
SECRETARY OF THE COMMONWEALTH.
BOSTON:
WRIGHT & POTTER, STATE PRINTERS,
No. 4 Spring Lane.
18 63.
A CONSTITUTION
FORM OF GOVERNMENT
Commontoalt^ d '^uut\ustiU.
PREAMBLE.
The end of the institution, maintenance and administra- objects of goT- tion of government, is to secure the existence of the body ^'■"™*° ■ politic, to protect it, and to furnish the individuals who com- pose it, with the power of enjoying, in safety and tranquility, their natural rights, and the blessings of life : and whenever these great objects are not obtained, the people have a right to alter the government, and to take measures necessary for their safety, prosperity and happiness.
The body politic is formed by a voluntary association of Body politic, how individuals: it is a social compact, by which the whole people u™ature. covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the com- mon good. It is the duty of the people, therefore, in fram- ing a constitution of government, to provide for an equitable mode of making laws, as well as for an impartial interpreta- tion and a faithful execution of them ; that every man may, at all times, find his security in them.
We, therefore, the people of Massachusetts, acknowledg- ing, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of his provi- dence, an opportunity, deliberately and peaceably, without fraud, violence or surprise, of entering into an original, explicit and solemn compact with each other; and of forming
CONSTITUTION.
a new constitution of civil government for ourselves and posterity ; and devoutly imploring his direction in so interest- ing a design, do agree upon, ordain and establish the follow- ing Declaration of Rights and Frame of Government^ as the Constitution of the Commonwealth of Massachusetts.
PART THE FIRST.
A Declaration of the Rights of the Inhabitants of the Com- monwealth of Massachusetts.
Equality and Art. I. All mcu arc bom free and equal, and have cer- of l"u men"^''*^ taiu uatural, essential and unalienable rights ; among which may be reckoned the right of enjoying and defending their lives and liberties ; that of acquiring, possessing and protect- ing property ; in fine, that of seeking and obtaining their safety and happiness. Right and duty n, \^ jg ^he right as well as the duty of all men in society,
of public rellg- ,ti , " n i-im
ious worship, publicly, and at stated seasons, to worship the buPREMB Being, the great Creator and Preserver of the universe. Protection there- And no subjcct sliall be hurt, molested or restrained, in his "*■ person, liberty or estate, for worshipping God in the manner
and season most agreeable to the dictates of his own con- science ; or for his religious profession or sentiments ;' pro- vidid he doth not disturb the public peace, or obstruct others in their religious worship.
AmendmentjArt. [HI. * As the happiness of a people, and the good order and preserva-
for'this '*"'*^'^ ^^'^^ '^^ ^^^^ government, essentially depend upon piety, religion and
morality ; and as these cannot be generally diffused through a community,
but by the institution of the public worship of God, and of public instruc-
Legislature em- tions in piety, religion and morality ; Therefore, to promote their happl-
perprovisionXr ^®^^' ^^^ ^^ secure the good order and preservation of their government,
public worship; the people of this Commonwealth have a right to invest their legislatui'e
with power to authorize and require, and the legislature shall, from time
to time, authorize and require the several towns, parishes, precincts, and
other bodies politic, or religious societies, to make suitable provision, at
their own expense, for the institution of the public worship of God, and
for the suppport and maintenance of public Protestant teachers of piety,
religion and morality, in all cases where such provision shaU not be made
voluntarily.
* Note. — Articles of the original constitution and articles of amendment thereto, which have become inoperative by reason of subsequent amend- ments, are printed in smaller type and inclosed in brackets : obsolete por- tions of articles, in some instances confined to a sentence or single word, are covered by brackets, but allowed to stand in type uniform with the matter still in force.
CONSTITUTION. 5
And the neoplo of tliis Commonwealth have also a right to, and do, and to onjoin at- invost tlu'ir Icjii.slaturi' witli authority to cMijoin upon all the sul)jeets an ^''"''"■n«8 thore- atteuiiaiico upon tlie instructions of the ])ul)lic ti'aclii'rs aforesaid, at stated times and seasons, if tliere be an}' on wiiose instructions they can consci- entiously and conveniently attend.
Provided, notwithstanding, that the several towns, parishes, precincts ExciupiveriRhtof and other l)odii'S ])olitie, or religious societies, shall at all times, have the electing religious exclusive right of electing their public teachers, and of contracting with teachers secured. them for tlu-ir support and maintenance.
And all moneys, paid by the subject to the support of public worship, Option na to and of the public teachers aforesaid, shall, if he require it, be uniiorndy J*'"'^' pirocbial ai^plied to the support of the public teacher or teachers of his own religious paw^ unless &e! sect or denomination, provided there be any on whose instructions he attends ; otherwise it may be paid toward the support of the teacher or teachers of the parisli or precinct in which the said moneys are raised.
And evevv denomination of Christians, demeaning themselves peace- All denomlna-
ably, an.l as" good subjects of the Commonwealth, shall be equally under [Ictod.*^"""^ ^'^"
tlie protection of the law : and no subordination of any one sect or denom- Subordination of
ination to another shall ever be established by law.l oneserttoanoth-
^ -■ er prolubited.
lY. Tlie people of this Commonwealth have the sole and Right of seir-gov- exchisive right of governing themselves as a free, sovereign ^'^°™*^°'^^'^"''® • and independent State ; and do, and forever hereafter shall, exercise and enjoy every power, judisdiction and right, which is not, or may not hereafter, be by them expressly delegated to the United States of America, in Congress assembled.
V. All power residing originally in the people, and being Accountability of derived from them, the several magistrates and officers of ^ ° "^'^^^ government, vested with authority, whether legislative, ex- ecutive or judicial, are their substitutes and agents, and are
at all times accountable to them.
VI. No man, nor corporation or association of men, have services rendered any other title to obtain advantages, or particular and exclu- ing the'^oniy^itlJ sive privileges, distinct from those of the community, than fegesl^'hered'itary what arises from the consideration of services rendered to offices are absurd
, , , . 1 1 • • 1 1 • • -1 , 1 • and unnatural.
the public ; and tins title being m nature neither hereditary, nor transmissible to children or descendants, or relations by blood, the idea of a man born a magistrate, lawgiver or judge, is absurb and unnatural.
YII. Government is instituted for the common good ; for objects of gov- the protection, safety, prosperity and happiness of the people ; or^pTop'ie^^to and not for the profit, honor or private interest of any one '^^^nge^. ^^^ man, family or class of men : Therefore the people alone have an incontestable, unalienable and indefeasible right to insti- tute government ; and to reform, alter or totally change the same, wlien their protection, safety, prosperity and happiness require it.
V^lll. In order to prevent those who are vested with Right of people
,1 •, f 1 • ,1 It • 1 , to secure rotation
authority, ii-om l»ecoming opjjressors, the people liave a right, inomce. at such periods and in such manner as they shall establish
6 CONSTITUTION.
by their frame of government, to cause their public officers to return to private life ; and to fill up vacant places by cer- tain and regular elections and appointments, fhe'quaSions ^^' ^^^ clcctions ought to be free ; and all the inhabitants prescribed,equai- of tlils Commonwealtli, haviiig such qualifications as thev
ly eligibl6 to of- , • t%
fice. shall establish by their frame of government, have an eqvuil
right to elect officers, and to be elected, for public employ- ments. tion'^Lfd duty^of X. Eacli individual of the society has a right to be pro- reiatwe"""" ''°'^* tcctcd by it iu the enjoyment of his life, liberty and property, according to standing laws. He is obliged consequently, to contribute his share to the expense of this protection ; to give edon'coDs^nt"'^' bis pcrsoual scrvicc, or an equivalent, when necessary : but no part of the property of any individual can, with justice, be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people. In fine, the people of this Commonwealth are not controllable by any other laws than those to which their constitutional not'' to" bJTaun representative body have given their consent. And when- for public uses cvcr tlic public exigcucies require that the property of any ou , c. individual should be appropriated to public uses, he shall receive a reasonable compensation therefor. fomsetotheVwi XI. Evcry subject of the Commonwealth ought to find pletl^nT'rom^'t ^ ccrtaiu rcmcdy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property or character. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial ; promptly, and without delay, conformably to the laws. uL°teT"°°"'^" XII. No subject shall be held to answer for any crimes or offence until the same is fully and plainly, substantially and formally, described to him ; or be compelled to accuse, or furnish evidence against himself: and every subject shall have a right to produce all proofs that may be favorable to him ; to meet the witnesses against him face to face, and to be fully heard in his defence by himself, or his counsel, at his election. And no subject shall be arrested, imprisoned, despoiled or deprived of his property, immunities or privi- leges, put out of the protection of the law, exiled or deprived of his life, liberty or estate, but by the judgment of his peers, or the law of the land. j!i'fyjn*'crimii!S ^'^^ ^^^^ legislature shall not make any law that shall sub- cases, except,&c. ject any person to a capital or infamous punishment, except- ing for the government of the army and navy, without trial
CONSTITUTION. 7
XI II. Ill criminal prosecutions, the verification of facts, '^'■•'""'^ '« '•«
.... lit • r» 1 proved lu tlio
m the vicinity where they happen, is one oi the greatest vieiuuy. t>eourities of the life, liberty and property of the citizen.
XIV. Every subject has a right to be secure from all itiK'it "f fPTch
,,•','' J . /> 1 • 1-1 *"'' seizure regu-
unreasonable searches and seizures ot his person, Ins houses, lated.
his papers, and all his possessions. All warrants, therefore, \
are contrary to this right, if the cause or foundation of them
be not previously supported by oath or afilrmation, and if
the order in the warrant to a civil officer, to make search in
suspected places, or to arrest one or more suspected persons,
or to seize their property, be not accompanied with a special
designation of tlie persons or objects of search, arrest or
seizure: and no warrant ought to be issued but in cases,
and with the formalties, prescribed by the laws.
XV. In all controversies concerning property, and in all j'Jfy' 'sacred^' e'i^ suits between two or more persons, except in cases in which cept, &c.
it has heretofore been otherways used and practiced, the parties have a right to a trial by jury ; and this method of procedure shall be held sacred, unless, in causes arising on the high seas, and such as relate to mariners' wages, the legislature shall hereafter find it necessary to alter it.
XVI. The liberty of the press is essential to the security Liberty of the of freedom in a state : it ought not, therefore, to be restrained ^^^''^'
in this Commonwealth.
XVII. The people have a right to keep and to bear arms Right to keep
fo,, 1 <. i n • J • /> • and bear arms.
r the common defence. And as, in time oi peace, armies standing armies
are dangerous to liberty, they ought not to be maintained ftarrpower sub- without the consent of the legislature ; and the military ordinate to civu. power shall always be held in an exact subordination to the civil authority, and be governed by it.
XVIII. A frequent recurrence to the fundamental prin- Mo^-ai qaaiiflca-
. i , - \ tions for omce.
ciples of the constitution, and a constant adherence to those of piety, justice, moderation, temperance, industry and fru- gality, are absolutely necessary to preserve the advantages of liberty, and to maintain a free government. The people ought, consequently, to have a particular attention to all those principles, in the choice of their officers and representatives: Moral obligations
T.ij 'lii • fji'i • J -of lawgivers and
and they have a right to require of their lawgivers and magis- magistrates. trates, an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of the Commonwealth.
XIX. The people have a right, in an orderly and peace- Right of people able manner, to assemble to consult upon the common good ; sentati^s "^and give instructions to their representatives, and to request of the ^u^g'°" '''2'^'''" legislative body, by the way of addresses, petitions orremon-
8 CONSTITUTION.
strances, redress of the wrongs done them, and of the griev- ances they suffer. Power to suspend XX. The power of Suspending the laws, or the execution execution!'^ ^"^ of thc laws, ought ucver be exercised but by the legislature, or by authority derived from it, to be exercised in such particular cases only as the legislature shall expressly provide for. Freedom of de- XXI. Thc frccdom of deliberation, speech and debate, in reason thereof"'^ cithcr houso of the legislature, is so essential to the rights of the people, that it cannot be the foundation of any accusation or prosecution, action or complaint, in any other court or place whatsoever. Frequent ses- XXII. Thc legislature ought frequently to assemble for |ect's^thereof° " tlic rcdrcss of gricvauces, for correcting, strengthening and confirming the laws, and for making new laws, as the common good may require. Taxation found- XXIII. No subsidy, chargc, tax, impost or duties, ought to be established, fixed, laid or levied, under any pretext whatsoever, without the consent of the people, or their repre- sentatives in the legislature. Erpost facto \a.v!s XXIY. Laws madc to punish for actions done before the prohi ited. existence of such laws, and which have not been declared crimes by preceding laws, are unjust, oppressive and incon- sistent with the fundamental principles of a free government. Legislature not XXY. No subjcct ought, iu any case, or in any time, to trea.son,Tc. ° bc declared guilty of treason or felony by the legislature. Excessive bail or XXVI. No magistrate or court of law shall demand punishmentspro!: cxccsssive bail Or sureties, impose excessive fines, or inflict hibited. crucl Or uuusual punishments.
No soldier to be XX YII. lu time of peace, no soldier ought to be quartered house!un1es8,&°c^ iu auy liousc without the consent of the owner ; and in time of war, such quarters ought not to be made but by the civil magistrate, in a manner ordained by the legislature. Citizens exempt XXYIII. No pcrsou cau iu any case be subjected to law- uu"s^,\^"'*'''' martial, or to any penalties or pains, by virtue of that law, except those employed in the army or navy, and except the militia in actual service, but by authority of the legislature. Judges of Ru- XXIX. It is essential to the preservation of the rights of cour"^ ^'"^'"'''^ every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws, and adminis- tration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent as the lot of Tenure of their humaiiity will admit. It is, therefore, not only the best policy, office. Iq^j- fQj. ^ijQ security of tiie rights of the people, and of every
citizen, that the judges of the supreme judicial court should • hold their offices as long as they behave themselves well, and
CONSTITUTION. 9
that tliey should liavc honorable salaries ascertained and salaries. cjitablishcd by standiiii!; laws.
XXX. In the government of this Commonwealth, the separation of cx- Icgislative department shall never exercise the executive and ami ^"iei'i'Bilu.we Judicial powers, or either of them : the- executive shall never 'i«P""ae"««- exercise tiie legislative and judicial powers, or either of them : the judicial shall never exercise the legislative and executive powers, or cither of them : to the end it may be a government of laws, and not of men.
PART THE SECOJ^D.
The Frame of Government.
The people, inhabiting the territory formerly called the Titie of body Province of Massachusetts Bay, do hereby solemnly and ^°''"*^' mutually agree with each other, to form themselves into a free, sovereign and independent body politic or state, by the name of The Commonwealth of Massachusetts.
CHAPTER I.
THE LEGISLATIVE POWER. SECTION I.
The General Court.
Art. I. The department of legislation shall be formed by Legislative de- two branches, a Senate and House of Representatives ; each p'"''*"'®"'- of which shall have a negative on the other.
The legislative body [shall assemble every year, on the last seeamendmenta, Wednesday in May, and at such other times as they shall ■^'''" ^^ judge necessary ; and shall dissolve and be dissolved on the day next preceding the said last Wednesday in May ;' and] shall be styled, The General Court of Massachusetts.
n. No bill or resolve of the senate or house of represen- oovemor-s veto, tatives shall become a law, and have force as such, until it shall have been laid before the governor for his revisal ; and if he, upon such revision, approve thereof, he shall signify his approbation by signing the same. But if he have any
2
10 CONSTITUTION.
objection to the passing of such bill or resolve, he shall return the same, together with his ol)jections thereto, in writing, to the senate or house of representatives, in. whichsoever the same shall have originated, who shall enter the objections sent down by the governor, at large, on their records, and Bill may be pass- procccd to recousidcr the said bill or resolve ; but if, after of elcr°hou'se'! sucli rcconsidcration, two-thirds of the said senate or house notwithstanding, ^f representatives shall, notwithstanding the said objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the legislature, where it shall also be reconsidered, and if approved by two-thirds of the members present, shall have the force of a law : but in all such cases, the votes of both houses shall be determined by yeas and nays ; and the names of the persons voting for or against the said bill or resolve, shall be entered upon the public records of the Commonwealth. See amendments, And iu ordcr to prcvcut uunccessary dclays if any bill or resolve shall not be returned by the governor within five days after it shall have been presented, the same shall have the force of a law. General court III. Thc gcucral court sliall forcvcr have full power and judicatories'"'^ autliority to erect and constitute judicatories and courts of courts of record, pecord,or otlicr courts, to be held in the name of the Common- wealth, for the hearing, trying and determining of all manner of crimes, offences, pleas, processes, plaints, actions, matters, causes and things, whatsoever, arising or happening within the Commonwealth, or between or concerning persons inhab- iting or residing, or brought within the same ; whether tlie same be criminal, or civil, or whether the said crimes be capital or not capital, and whether the said pleas be real, cmirts, &c., may pcrsonal Or mixed ; and for the awarding and making out of a miuisteroa s. g^g^^^^^JQj-^ tliercupon : to wliich courts and judicatories are hereby given and granted full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in controversy, or depending before them. General court IV. And furthcr, full powcr and authority are hereby may enac aw , g-^^^^ ^^^^ granted to the said general court, from time to time, to make, ordain and establish all manner of wholesome and reasonable orders, laws, statutes and ordinances, direc- not repucrnant to tioiis aiid iustructions, cithcr with penalties or without, so as , ^j^^ sai-ne be not repugnant or contrary to this constitution, as they shall judge to be for the good and welfare of this Commonwealth, and for the government and ordering there- of, and of the subjects of the same, and for the necessary support and defence of the government thereof; and to name
CONSTITUTION. 11
ami settle annually, or provide by fixed laws, for the naniin<!; ""»y provido for and settliui^, all civil otliecrs witliin the said Commonwealth, appnintmeut of the election and constitution of whom are not hereafter in ""''"''"' this form of government otherwise i)rovided for; and to set pmsrHbe thoir forth the several duties, powers and limits, of the several civil and military oniccrs of this Commonwealth, and the forms of such oaths, or alhrmations as shall be respectively administered unto them for the execution of their several offices and places so as the same be not repuf^nant or con- trary to this constitution; and to impose and levy propor- ""po^etaxe?; tional and reasonable assessments, rates and taxes, upon all the inhabitants of, and persons resident, and estates lying, within the said Commonwealth ; and also to impose and levy dntips aud es- reasonable duties and excises upon any produce, goods, """*' wares, merchandise and commodities whatsoever, brought into, produced, manufactured, or being within the same ; to to be disposed of be issued and disposed of by warrant, under the hand of the teetiou^&c! '^'^° governor of this Commonwealth for the time being, with the advice and consent of the council, for the public service, in the necessary defence and support of the government of the said Commonwealth, and the protection and preservation of the subjects thereof, according to such acts as are or shall be in force within the same.
And while the public charges of government, or any part valuation of es- thereof, shall be assessed on polls and estates, in the manner /Jt?,''"!^ 'i"east" that has hitherto been practiced, in order that such assess- ''■^''''' ^°- ments may be made with equality, there shall be a valuation of estates within the Commonwealth, taken anew once in every ten years at least, and as much oftener as the general court shall order.
CHAPTER I.
SECTION II.
Senate.
[Art. I. There shall be annually elected, by the freeholders and Senate, numhar other inhabitants of this Commonwealth, qualified as in this constitution g[^J^^_ ^ ^'^°™ is provided, forty persons to be councillors and senators, for the year ensuing their election ; to be chosen by the inhabitants of the districts, See amendments, into which the Commonwealth may, from time to time, be divided by the ^nd 2^l' ^^ '^ general court for that purpose : and the general court, in assigning the numbers to be elected by the respective districts, shall govern themselves by the proportion of the public taxes paid by the said districts ; and timely make known, to the inhabitants of the Conuiionwealth, the limits of each
|
six. |
York, . . . . |
two. |
|
six. |
Dukes Co. and Nantucket, |
one. |
|
five. |
Worcester, |
five. |
|
four. |
Cumberland, |
one. |
|
three. |
Lincoln, .... |
one. |
|
one. |
Berkshire, |
two.] |
|
three. |
12 CONSTITUTION.
district, and the number of councillors and senators to be chosen therein : provided, that the number of such districts shall never be less than thir- teen ; and that no district be so large as to entitle the same to choose more than six senators. Counties to be And the several counties in this Commonwealth shall, until the general ^19 nc s, un I , pQyj,j. g\y^\\ determine it necessary to alter the said districts, be districts gee amendments, for the choice of Councillors and senators, (except that the counties of Arts ^ XIII. and Dukes county and Nantucket shall form one district for that purpose,) and shall elect the following number for councillors and senators, viz : —
SuiFolk, .
Essex,
]\Iiddlesex,
Hampshire,
Plymouth, .
Barnstable,
Bristol,
Manner and time H. The Senate sliall be the first branch of the legisla- tors a°nd council ture ; [and the senators shall be clioseu in the following '°'^^- manner, viz. : there shall be a meeting on the first Monday
See amendments, jn April, annuallj, forevcr, of the inhabitants of each town and XV.' "'' ' in the several counties of this Commonwealth, to be called by the selectmen, and warned in due course of law, at least seven daj's before the first Monday in April, for the purpose See amendments, of electing pci'sous to be scuators and councillors ; and at xxiii. & xxvi'. such meetings every male inhabitant of twenty-one years of age and upwards, having a freehold estate, within the Com- . monwealtli, of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to give in his vote for the senators for the district of which he is an Word "inhab- inhabitant.] And to remove all doubts concerning the mean- itant" defined, -^g ^^ ^j^g word " inhabitant," lu this constitution, every person shall be considered as an inhabitant, for the purpose of electing and being elected into any office or place within this State, in that town, district or plantation where he dwelleth or hath his home. Selectmen to pre- The selectmcu of tlic scvcral towns shall preside at such ingl* °''°™^'' " meetings impartially, and shall receive the votes of all the inhabitants of such towns, present and qualified to vote for senators, and shall sort and count them in open town meet- ing, and in presence of the town clerk, who shall make a Return of votes, fair rccord, in presence of the selectmen, and in open town meeting, of the name of every person voted for, and of the number of votes against his name ; and a fair copy of this record shall be attested by the selectmen and the town clerk, and shall be sealed up, directed to the secretary of the Commonwealth, for the time being, with a superscription rSee amendments, expressing the purport of the contents thereof, and delivered jLtt. II. ^^ j^jjg tQ^jj clerk of such towns, to the sheriff of the county
CONSTITUTION. 18
in wliicli such town lies, thirty days at least before [the last Anu-mimenu, Wednesday in May, annually; or it shall be delivered into the secretary's office seventeen days at least before the said last Wednesday in May ; and the sherilT of each county shall deliver all such certificates, by him received, into the secre- tary's ofl^ice, seventeen days before the said last Wednesday in May.]
And the inhabitants of plantations unincorporated, qual- inhabitants of ified as this constitution provides, who are or shall be plantations, who empowered and required to assess taxes upon themselves uufyvot^ '*^*^' toward the suppoi't of government, shall liave the same privilege of voting for councillors and senators, in the plan- tations where they reside, as town inhabitants have in their respective towns ; and the plantation meetings for that pur- piantatioa meet- pose shall be held, annually, [on the same first Monday in gefamendments, April,] at such place in the plantations, respectively, as the a^''- ^ assessors thereof shall direct ; which assessors shall have Assessors to no- like authority for notifying the electors, collecting and returning the votes, as the selectmen and town clerks have in their several towns, by this constitution. And all other persons living in places unincorporated, (qualified as afore- said,) who shall he assessed to the support of government, by the assessors of an adjacent town, shall have the privilege of giving in their votes for councillors and senators, in the town where they shall be assessed, and be notified of the ' place of meeting, by the selectmen of the town where they shall be assessed, for that purpose, accordingly.
III. And that there may be a due convention of senators Governor and
C^-, , -,-f-, , , •II -I 11 ,1 council to ex-
on tlie last Wednesday in May,] annually, tlie governor, amine and count
with five of the council, for the time being, shall as soon as lummouses.*^^"*
may be, examine the returned copies of such records; and „
•' ' 11 • 1 See amendments,
fourteen days before the said day, he shall issue his summons Art. x. to such persons as shall appear to be chosen by a majority of voters, to attend on that day, and take their seats accord- ingly ; [provided, nevertheless, that for the first year, the said returned copies shall be examined by the president and five of the council of the former constitution of government ; and the said president shall, in like manner, issue his sum- mons to the persons so elected, that they may take their seats as aforesaid.]
IV. The senate shall be the final judge of the elections, ^^'^f^J"^ ^f returns and qualifications of their own members, as pointed elections, &c.,
. • 1 • • Till 1 • 1 ri i TIT 1 of its own mem-
out in tlie constitution ; and shall, on the said [last Wednes- bers. day in May,] annually, determine and declare who are elected see amendments, by each district to be senators, [by a majority of votes : and a^^^/iy ^^^' in case there shall not appear to be the full number of sena-
14 CONSTITUTION.
tors returned, elected by a majority of votes, for any district, the deficiency shall be supplied in the following manner, vacancies, how viz : Tlic mcmbers of the house of representatives, and such ^"'"'' senators as shall be declared elected, shall take the names of
such persons as shall be found to have the highest number of votes in such district, and not elected, amounting to twice the number of senators wanting, if there be so many voted for ; and out of these, shall elect by ballot a number of sena- tors sufficient to fill up the vacancies in such district ; and in this manner all such vacancies shall be filled up in every district of the Commonwealth ; and in like manner all vacan- cies in the senate, arising by death, removal out of the State or otherwise, shall be supplied as soon as may be after such vacancies shall happen.] Quaiificationa of Y. Providcd, ucvertheless, that no person shall be capa- Pf'e amendments, l)le of bciug clccted as a scuator, [who is not seized in his xxii.''^^^^' '^'"^ o^'ii right of a freehold, within this Commonwealth, of the value of three hundred pounds at least, or possessed of per- sonal estate of the value of six hundred pounds at least, or of both to the amount of the same sum, and] who has not been an inliabitaut of this Commonwealth for the space of five years immediately preceding his election, and, at the time of his election, he shall be an inhabitant in the district for which he shall be chosen. Senate not to ad- Yi, xiic scuatc shall have power to adjourn themselves ;
journ more than •it it i ^ i^ n
twodajs. provided sucli adjournments do not exceed two clays at a
time.
Shall choose its YII. Tlic scnatc shall choose its own president, appoint
uhtisii itsru\lT. its own officers, and determine its own rules of proceedings.
peaclimenr" ''"" "V'lH. The sciiatc shall be a court, with full authority to hear and determine all impeachments made by the house of representatives, against any officer or officers of tlie Com- monwealth, for misconduct and mal-administration in their
Oath. offices : but, previous to the trial of every impeachment, the
members of the senate shall, respectively, be sworn, truly and impartially to try and determine the cliarge in question,
Limitation of according to evidence. Their judgment, however, shall not
ben enco. exteud furthcr than to removal from office, and disqualifica-
tion to hold or enjoy any place of honor, trust or profit, under this Commonwealth : but the party so convicted shall be, nevertheless, liable to indictment, trial, judgment and punishment, according to the laws of the land.
Quovum. IX, Not less tliau sixteen members of the senate, shall
constitute a quorum for doing business.
CONSTITUTION. 15
CHAPTER I.
SECTION III.
House of Representatives.
Art. I, There shall be, in the legislature of this Com- Representation of monwcalth, a representation of the people, annually elected, "*''p*°p'^- and founded upon the principle of equality.
[II. And in orilor to provide for a representation of the citizens of Representatives, this Commonwealth, founded upon tlie principle of equality, every cor- '^y^^'io'" chosen. poratc town, containing one hundred and fitly ratable polls, may elect See amendments, one representative ; every corporate town, containing three hundred and ^^^^J^}"' ■^^^^" seventy-five ratable polls, may elect two representatives ; every corporate town, containing six hundred ratable jiolls, may elect three representa- tives ; and proceeding in that manner, making two hundred and twenty- five ratable polls the mean increasing number for every additional repre- sentative.
Provided, nevertheless, that each town now incorporated, not having Proviso as to one hundred and fifty ratable polls, may elect one representative ; but no towns having place shall hereafter be incorporated with the privilege of electing a raTable polls.^ representative, unless there are within the same one hundred and fifty ratable polls.]
And the house of representatives shall have power, from Towns uawe to time to time, to impose fines upon such towns as shall '*®'°'^*^'^' neglect to choose and return members to the same, agreeably to this constitution.
The expenses of travelling to the general assembly, and ^'^pen'^e of trav-
, • 1 . . T 111 ellingtoandfrom
returnnig home, once in every session, and no more, shall thegeneraicourt, be paid by the government, out of the public treasury, to •^"'^p""^- every member who shall attend as seasonably as he can, in the judgment of the house, and does not depart without leave.
III. Every member of the house of representatives shall Qualifications of be chosen by written votes ; [and, for one year at least nest seeXwl'dmenls; preceding his election, shall have been an inhabitant of, and audxxr '''''■^^' have been seized in his own right of a freehold of the value of one hundred pounds, within the town he shall be chosen to represent, or any ratable estate to the value of two hun- dred pounds ; and he shall cease to represent the said town, immediately on his ceasing to be qualified as aforesaid.]
[IV. Every male person, being twenty-one years of age, and resident Qualifications of in any particular town in this Commonwealth, for the space of one year * "o^*'^- next preceding, having a freehold estate within the same town, of the See amendments, annual income of three pounds, or any estate of the value of sixty pounds. Arts, ill., XX. shall have a right to vote in the choice of a representative or representa- '^^ - • tives for the said town.]
16
CONSTITUTION.
RepresentatiTes, when chosen. See amendments, Arts. X. and XV.
House alone can impeach.
House to origi- nate all money
bills.
Not to adjourn more than two
Quorum.
See amendments,
Art. XXI.
House to judge of returns, &c., of its own members; to choose its ofS- cers and establish its rules, &c. May punish for certain offences.
Privileges of members.
Governor and council may punish.
General limita- tion.
Trial may be by committee, or otherwise.
[V. The members of the house of representatives shall be chosen annually in the month of May, ten days at least before the last Wednes- day of that month.]
YI. The house of representatives shall be the grand inquest of this Commonwealth ; and all impeachments made by them shall be heard and tried by the senate.
VII. All money bills shall originate in the house of representatives ; but the senate may propose or concur with amendments, as on other bills.
VIII. The house of representatives shall have power to adjourn themselves ; provided such adjournment shall not exceed two days at a time.
[IX. Not less than sixty members of the house of representatives shall constitute a quoi'um for doing business.]
X. The house of representatives shall be the judge of the returns, elections and qualifications of its own members, as pointed out in the constitution ; shall choose their own speaker, appoint their own officers, and settle the rules and orders of proceeding in their own house. They shall have authority to punish by imprisonment, every person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in its presence ; or who, in the town where the general court is sitting, and during the time of its sitting, shall threaten harm to the body or estate of any of its members, for any thing said or done in the house ; or who shall assault any of them there- for ; or who shall assault or arrest any witness, or other person, ordered to attend the house, in his way in going or returning ; or who shall rescue any person arrested by the order of the house.
And no member of the house of representatives shall be arrested, or held to bail on mean process, during his going unto, returning from, or his attending, the general assembly.
XL The senate shall have the same powers in the like cases ; and the governor and council shall have the same authority to punish in like cases : provided, that no impris- onment, on the warrant or order of the governor, council, senate or house of representatives, for either of the above described offences, be for a term exceeding thirty days.
And the senate and house of representatives may try and determine all cases where their riglits and privileges are concerned, and which, by the constitution, they have author- ity to try and determine, by committees of their own mem- bers, or in such otlier way as they may, respectively, think best.
See amendments, Art. VII.
CONSTITUTION. • 17
CHAPTER II.
EXECUTIVE POWER. SECTION I.
Governor.
Art. I. There shall be a supreme executive magistrate, Governor. who shall be styled — The Governor of the Commonwealth OF Massachusetts ; and whose title shall be — His Excel- U's "tie. lency.
II. The governor shall be chosen annually ; and no per- to be chosen son shall be eligible to this office, unless, at the time of his Qualifications. election, he shall have been an inhabitant of this Common- wealth for seven years next preceding ; and unless he shall, at the same time, be seized, in his own right, of a freehold, within the Commonwealth, of the value of one thousand pounds ; [and unless he shall declare himself to be of the Christian religion.]
[III. Those persons who shall be qualified to vote for senators and By whom chosen, representatives, within the several towns of this Commonwealth, shall, at jority of Totes""'' a meeting to be calfed for that purpose, on the first Monday of April, annually, give in their votes for a governor, to the selectmen, who shall |*®*'?t°x"x'tv' preside at such meetings ; and the town clerk, in the presence and with and XV.' '" the assistance of the selectmen, shall, in open town meeting, sort and count the votes, and form a list of the persons voted for, with the number of votes for each person against his name ; and shall make a fair record of the same in the town books, and a public declaration thereof in the said meeting ; and shall, in the presence of the inhabitants, seal up copies of the said list, attested by him and the selectmen, and transmit the same to the sheriif of the county, thirty days at least before the last Wednesday in May ; and the sheriff shall transmit the same to the secretary's office, seventeen days at least before the said last Wednesday in May ; or the selectmen may cause returns of the same to be made, to the office of the secretary of the Commonwealth, seventeen days at least before the said day ; and the secretarj^ shall lay the same before the senate and the house of representatives, on the last AVednesday in May, to be by them exam- ined ; and in case of an election by a majority of all the votes returned, the choice shall be by them declared and jiublished ; but if no person shall Ho^ chosen, have a majority of votes, the house of representatives shall, by ballot, elect ^^^ majority ""^ two out of four persons, who had the highest number of votes, if so many shall have been voted for ; but, if otherwise, out of the number voted for ; and make return to the senate of the two persons so elected ; on which, the senate shall proceed, by ballot, to elect one who shall be declared governor.]
IV. The governor shall have authority, from time to Power of gover- time, at his discretion, to assemble and call together the ernor''a'nd°'co^un^ councillors of this Commonwealth for the time being ; and *^''- the governor, with the said councillors, or five of them, at least, shall, and may, from time to time, hold and keep a
3
18 • • CONSTITUTION.
council, for the ordering and directing the affairs of the Commonwealth, agreeably to the constitution and the laws of the land. May adjourn or y ^i^q govemor, with advice of council, shall have full
prorogue the gen- o . , . /> i
erai court upon powcr and authoritv, durmg the session of the general court,
request, and con- z t ii , ^ • j i j i
venesame. to adjoum or proroguc the same at any time the two houses gpe amendments, shall dcsirc ; [aud to dissolvc the same on the day next pre- Art. X. ceding the last Wednesday in May ; and, in the recess of
tlie said court, to prorogue the same from time to time, not exceeding ninety days in any one recess ;] and to call it together sooner than the time to which it may be adjourned or prorogued, if the welfare of the Commonwealth shall require the same ; and in case of any infectious distemper prevailing in the place where the said court is next at any time to convene, or any other cause happening, whereby danger may arise to the health or lives of tlie members from their attendance, he may direct the session to be held at some other the most convenient place within the State.
See amendments, [And the governor shall dissolve the said general court on the day next preceding the last Wednesday in May.]
Governor and YI. In cascs of disagreement between the two houses,
council may ad- .^, n ^ ii •, t ' ,• p t
journ the general With regard to tlic uccessity, expediency, or time oi adjourn- t^!Xut uot^ex- nient or prorogation, the governor, with advice of the coun- dTs"^ "^'"^'y cil, shall have a right to adjourn or prorogue the general court, not exceeding ninety days, as he shall determine the public good shall require. Governor to be Yll. Thc govcmor of tliis Commoiiwealth, for the time chief. being, shall be the commander-in-chief of the army and
navy, and of all the military forces of the State, by sea and land ; and shall have full power, by himself, or by any commander, or other officer or officers, from time to time, to train, instruct, exercise and govern the militia and navy ; and, for the special defence and safety of the Commonwealth, to assemble in martial array, and put in warlike posture the inhabitants thereof, and to lead and conduct them, and with them, to encounter, repel, resist, expel and pursue, by force of arms, as well by sea as by land, within or without the limits of this Commonwealth, and also to kill, slay and destroy, if necessary, and conquer, by all fitting ways, enter- prises and means whatsoever, all and every such person and persons as shall, at any time hereafter, in a hostile manner, attempt or enterprise the destruction, invasion, detriment, or annoyance of this Commonwealth ; and to use and exer- cise, over the army and navy, and over the militia in actual service, the law martial, in time of war or invasion, and also in time of rebellion, declared by the legislature to exist, as
CONSTITUTION. 19
occasion shall necessarily require ; and to take and surprise, by all ways and means whatsoever, all and every such jjerson or persons, with their ships, arms, ammunition and other goods, as shall, in a hostile manner, invade or attempt the invading, con(]uering, or annoying this Commonwealth ; and that the governor be intrusted with all these and other powers incident to the ofiices of captain-general and com- mander-in-chief, and admiral, to be exercised agreeably to the rules and regulations of the constitution, and the laws of .
the land, and not otherwise.
Provided, that the said governor shall not, at any time Limitation. hereafter, by virtue of any power by this constitution granted, or hereafter to be granted to him by the legislature, trans- port any of the inhaljitants of this Commonwealth, or oblige them to march out of the limits of the same, without their free and voluntary consent, or the consent of the general court ; except so far as may be necessary to march or trans- port them by land or water, for the defence of such part of the State to which they cannot otherwise conveniently have access.
VIII. The power of pardoning offences, except such as Governor and persons may be convicted of before the senate, by an impeach- don^olreMes.^es- raent of the house, shall be in the governor, by and with the '^''p'' ^'^- advice of council ; but no charter or pardon, granted by the But not before
convictioii.
governor, with advice of the council, before conviction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descrip- tive of the offence or offences intended to be pardoned.
IX. All judicial officers [the attorney-general, the solici- ah judicial ofn- tor-general, all sheriffs,] coroners [and registers of probate,] nominated and shall be nominated and appointed by the governor, by and gl^^a,"e^jments "with the advice and consent of the council ; and every such Arts.xjv.,xvii! nomination shall be made by the governor, and made at ""
least seven days prior to such appointment.
X. The captains and subalterns of the militia shall be Miiitia officers, elected by the written votes of the train-band and alarm list ^""^ elected. of their respective companies, [of twenty-one years of age see amendments, and upwards ;] the field officers of regiments shall be elected ^^^- ^■
by the written votes of the captains and subalterns of their respective regiments ; the brigadiers shall be elected, in like manner, by the field officers of their respective brigades ; now commis- and such officers, so elected, shall be commissioned by the ^'°"'"^" governor, who shall determine their rank.
The legislature shall, by standing laws, direct the time and manner of convening the electors, and of collecting votes,, and of certifying to the governor the officers elected.
20
CONSTITUTION.
Major-generals The major-ffenerals shall be appointed by the senate and
how appointed , f, '' ^ . i ^ ■ •
and commis- house 01 representatives, each having a negative upon the
other ; and be commissioned by the governor. Vacancies, how Aiid if tlic clcctors of brigadjcrs, field officers, captains or &c. ' ' subalterns shall neglect or refuse to make such elections,
after being duly notified, according to the laws for the time being, then the governor, with advice of council, shall appoint suitable persons to fill such offices.
Officers duly [And no officer, duly commissioned to command in the militia, shall be
how'removed.' removed from his office, but by the address of both houses to the governor, See amendments, or by fair trial in court martial, pursuant to the laws of the Commonwealth Art. IV. £qj, ^;jjg i[xne being.]
Adjutants &c., fphc Commanding officers of regiments shall appoint their
how appointed. o ®,.,. i-i-i
adjutants and quartermasters ; the brigadiers their brigade- majors ; and the major-generals their aids ; and the governor shall appoint the adjutant-general.
The governor, with advice of council, shall appoint all officers of the continental army, whom by the confederation of the United States it is provided that this Commonwealth shall appoint, — as also all officers of forts and garrisons.
The divisions of the militia into brigades, regiments and companies, made in pursuance of the militia laws now in force, shall be considered as the proper divisions of the militia of this Commonwealth, until the same shall be altered in pursuance of some future law.
XI. No moneys shall be issued out of the treasury of this Commonwealth and disposed of (except such sums as may be appropriated for the redemption of bills of credit or treasurer's notes, or for the payment of interest arising thereon,) but by warrant under the hand of the governor for the time being, with the advice and consent of the council, for the necessary defence and support of the Commonwealth, and for the protection and preservation of the inhabitants tliereof, agreeably to the acts and resolves of the general court.
XII. All public boards, the commissary-general, all super- intending officers of public magazines and stores, belonging to this Commonwealth, and all commanding officers of forts and garrisons within the same, shall, once in every three months, officially and without requisition, and at other times, when required by the governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon with their appendages, and small arms with their accoutrements, and of all other public property whatever under their care, respectively ; distinguishing the quantity, number, quahty .and .kind of each, as particularly as may be; together with
Army officers, how appointed.
Organization of militia.
Money, how
drawn from the treasury, except, &c.
All public toards, &c., 'to make quarterly ret(uru«
CONSTITUTION. 21
the condition of such forts and garrisons ; and tlie said conmianding oflicer shall exhibit to the governor, when required by him, true and exact plans of sucii forts, and of the land and sea, or harbor or harbors, adjacent.
And the said boards, and all public officers, shall commu- nicate to the governor, as soon as may be after receiving the same, all letters, dispatches and intelligences of a public nature, which shall be directed to them respectively.
XIII. As the public good requires that the governor salary of goy- should not be under the undue influence of any of the mem- "'^°^' bers of the general court, by a dependence on them for his support — that he should, in all cases, act with freedom for the benefit of the public — that he should not have his atten- tion necessarily diverted from that object to his private concerns — and that he should maintain the dignity of the Commonwealth in the character of its chief magistrate — it is necessary that he should have an honorable stated salary, of a fixed and permanent value, amply sufficient for those purposes, and established by standing laws : and it shall be among the first acts of the general court, after the commencement of this constitution, to establish such salary by law accordingly.
Permanent and honorable salaries shall also be established Salaries of jus- by law for the justices of the supreme judicial court. judicial court.
And if it shall be found that any of the salaries aforesaid, salaries to be en - so established, are insufficient, they shall, from time to time, deut!^' ''^ '°^"^' be enlarged, as the general court shall judge proper.
CHAPTER II.
SECTION II.
Lieutenant- Governor.
Art. I. There shall be annually elected a lieutenant- Lieutenant-gov- governor of the Commonwealth of Massachusetts, whose title anT'^ 'quaiifica- shali be — His Honor ; and who shall be qualified, in point ''°°^- of religion, property, and residence in the Commonwealth, see amendments, in the same manner with the governor ; and the day and auVkv.' ' manner of his election, and the qualifications of the electors, shall be the same as are required in the election of a gov- ernor. The return of the votes for this officer, and the now chosen, declaration of his election, shall be in the same manner ; [and if no one person shall l)e found to have a majority of all the votes returned, the vacancy shall be filled by the senate
22
CONSTITUTION.
and house of representatives, in the same manner as the governor is to be elected, in case no one person shall have a majority of the votes of the people to be governor.]
II. The governor, and in his absence the lieutenant- governor, shall be president of the council, but shall have no vote in council ; and the lieutenant-governor shall always be a member of the council, except when the chair of the governor shall be vacant.
III. Whenever the chair of the governor shall be vacant, ing^governorrVn by rcasou of his death, or absence from the Commonwealth, case, c. ^^ otherwise, the lieutenant-governor, for the time being,
shall, during such vacancy, perform all the duties incumbent upon the governor, and shall have and exercise all the powers and authorities, which, by this constitution, the governor is vested with, when personally present.
President of council.
Lieutenan t-gov- ernor a member of, except, &c.
Lieutenant-gov- ernor to be act-
CH^APTER II
Council.
See amendments, Art. XVI.
SECTION III.
Council, and the Manner of settling Elections hy the Legislature.
Art. I. There shall be a council, for advising the gov- ernor in the executive part of the government, to consist of [nine] persons besides the lieutenant-governor, whom the governor, for the time being, shall have full power and authority, from time to time, at his discretion, to assemble and call together ; and the governor, with the said council- lors, or five of them at least, shall and may, from time to time, hold and keep a council, for the ordering and directing the affairs of the Commonwealth, according to the laws of the land.
[II. Nine councillors sliall be annually chosen from among the persons returned for councillors and senators, on the last Wednesday in May, by the joint ballot of the senators and representatives assembled in one room ; and in case there shall not be found, upon the first choice, the whole num- ber of nine persons who Avill accept a seat in the council, the deficiency sliall be made up by the electors aforesaid from among the people at large ; and the number of senators left, shall constitute the senate for the year. The seats of the persons thus elected from the senate, and accepting the trust, shall be vacated in the senate.]
III. The councillors, in the civil arrangements of the Commonwealth, shall have rank next after the lieutenant- governor.
have more than U^' -^o* more than two councillors shall be chosen out of any one two. district in this Commonwealth.]
Number ; from whom, and how chosen.
See amendments, Arts. X , XIII. and XVI.
Senators becom- ing councillors, seats to be va- cated.
Rank of council- lors.
CONSTITUTION. 23
y. Tlie resolutions and advice of tlic council shall be negisterofcoun- recordcd in a register and signed by the members present ; and this record may be called for, at any tiine, by either house of the legislature ; and any member of the council may insert his opinion, contrary to the resolution of the majority.
YI. Whenever the ofTicc of the governor and lieutenant- council to ex- governor shall be vacant by reason oi deatli, al)sence, or of governor, in otherwise, then the council, or tlie major part of them, shall, '^'^^'^^ ^°' during such vacancy, have full power and authority, to do and execute, all and every such acts, matters and things, as the governor or the lieutenant-governor might or could, by virtue of this constitution, do or execute, if they, or either of them, were personally present.
[^^I. And Tvhcroas the elections appointed to be made by this consti- Elections may be tution on the last Wednesday in May annually, by the two houses of the atijoumed until, lepslature, may not be completed on that day, the said elections may be adjourned from day to day, until the same shall be completed. And the Order thereof. order of elections shall be as follows : the vacancies in the senate, if any, Amendments, shall first be filled up ; the governor and lieutenant-governor shall then Arts. xvi. and be elected, provided there should be no choice of them by the people ; ' •• and afterwards the two houses shall prc^eed to the election of the council.]
CHAPTER II.
SECTION IV. Secretary, Treasurer, Commissary, Sfc.
Art. I. [The secretary, treasurer and receiver-general, secretary, &«.; and the commissary-general, notaries public and naval offi- hL cho"n. '"' cers, shall be chosen annually, by joint ballot of the senators irts''°'Tv.'"''and and representatives, in one room.] And, that the citizens of -^^'"• this Commonwealth may be assured, from time to time, tliat Treasurer ineiigi-
.1 • • • ii 1 T i ii i ble for more than
the moneys remainmg in the public treasury, upon tlie set- five successive tlement and liquidation of the public accounts, are their y'"'"'^- property, no man shall be eligil)le as treasurer and receiver- general more than five years successively.
II. The records of the Commonwealth shall be liept in secretary to keep the office of the secretary, who may appoint his deputies, tbe°governorand for whose conduct he shall be accountable; and he shall •'O"""'- *^'^- attend the governor and council, the senate and house of representatives in person, or by his deputies, as they shall respectively require.
24 CONSTITUTION.
CHAPTER III.
JUDICIARY POWER.
Tenure of all Art. I. The teiiure, that all commission officers shall by
commission ofli- <, • ,a • m iiii i ' ±^ •
cers to be ex- law havc 111 their omces, shall be expressed in their respec- juXlai officers tlvc commissions. All judicial officers, duly appointed, to hold office dur- commissioncd and sworn, shall hold their offices diirino; ffood
ing good beha- ... . ' • i xi • j-%
Tior, except, &c. bchavior, cxccpting such concerning whom there is diiterent
May be remoyed provisiou madc iu tliis coustitutiou : provided, nevertheless,
the governor, with consent of the council, may remove them
upon the address of both houses of the legislature.
Justices of su- ji^ Each branch of the legislature, as well as the governor
preme judicial -i,iii ■• • "• n
court to give and council, shall have authority to require the opinions oi required. ^ ^"^ tlic justiccs of tlic suprcmc judicial court, upon important
questions of law, and upon solemn occasions, jusuces of the m^ Jn order that the people may not suffijr from the
peace: tenure of . /• • ^- ^ -i i
their office. loug contiiiuance in place oi any justice oi the peace, who shall fail of discharging the important duties of his office with ability or fidelity, all commissions of justices of the peace shall expire and become void, in the term of seven years from their respective dates ; and, upon the expiration of any commission, the same may, if necessary, be renewed, or another person appointed, as shall most conduce to the well being of the Commonwealth.
Provisions for YV ^ i^ij^ uidgcs of probatc of wills, and for granting
holding probate „ -."^ . 9 •'^iiiiii,. i
courts. letters oi administration, shall hold their courts at such
place or places, on fixed days, as the convenience of the people shall require ; and the legislature shall, from time to time, hereafter, appoint such times and places ; until which appointments, the said courts shall be holden at the times and places which the respective judges shall direct.
Provisions for de- [V. All causes of marriage, divorce and alimony, and all appeals from termining causes the judges of probate, shall be heard and determined by the governor and vorce. &c. ' council until the legislature shall, by law, make other provision.]
CHAPTER lY.
DELEGATES TO CONGRESS.
Delegates to con- [The delegates of this Commonwealth to the congress of the United gress. States shall, some time in the month of June, annually, be elected by the
joint ballot of the senate and house of representatives assembled together in one room ; to serve in congress for one year, to commence on the first IVIonday in November then next ensuing. They shall have commissions under the hand of the governor, and the great seal of the Commonwealth ; but may be recalled at any time within the year, and others chosen and commissioned, in the same manner, in their stead.]
CONSTITUTION.
CHAPTER V.
THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OF LITERATURE, ifcc.
SECTION I.
The University.
Art. I. TVhereas our wise and pious ancestors, so early Harvard couege. as the year one thousand six hundred and thirty-six, laid the foundation of Harvard College, in which university many persons of great eminence have, by the blessing of God, been initiated in those arts and sciences which qualified them for public employments, both in church and state ; and whereas the encouragement of arts and sciences, and all good literature, tends to the honor of God, the advantage of the Christian religion, and the great benefit of this and the other United States of America, — it is declared, that the powers, prwi- President and Fellows op Harvard College, in their i^?^' Resident corporate capacity, and their successors in that capacity, g°^g^"*"^^' *'°°' their ofiicers and servants, shall have, hold, use, exercise and enjoy, all the powers, authorities, rights, liberties, privi- leges, immunities and franchises, which they now have, or are entitled to have, hold, use, exercise and enjoy ; and the same are hereby ratified and confirmed unto them, the said president and fellows of Harvard College, and to their successors, and to their officers and servants, respectively, forever.
II. And whereas there have been, at sundry times, by divers persons, gifts, grants, devises of houses, lands, tene- ments, goods, chattels, legacies and conveyances, heretofore made, either to Harvard College in Cambridge, in New England, or to the president and fellows of Harvard Col- lege, or to the said college, by some other description, under
several charters successively ; it is declared, that all the ah gifts, grants, said gifts, grants, devises, legacies and conveyances, are &<=., confirmed, hereby forever confirmed unto the president and fellows of Harvard College, and to their successors, in the capacity aforesaid, according to the true intent and meaning of the donor or donors, grantor or grantors, devisor or devisors.
III. And whereas by an act of the general court of the colony of Massachusetts Bay, passed in the year one thou- sand six hundred and forty-two, the governor and deputy- governor, for the time being, and all the magistrates of that jurisdiction, were, with tlie president, and a number of the clergy in the said act described, constituted the overseers of
4
26 CONSTITUTION.
Harvard College ; and it being necessary, in this new con- stitution of government, to ascertain who shall be deemed successors to the said governor, deputy-governor, and magis- who shau be tratcs ; it is declared, that the governor, lieutenant-governor, council and senate of this Commonwealth, are, and shall be deemed, their successors ; who, with the president of Harvard College, for the time being, together with the ministers of the congregational churches in the towns of Cambridge, Watertown, Charlestown, Boston, Roxbury and Dorchester, mentioned in the said act, shall be, and hereby are, vested with all the powers and authority belonging, or in any way Power of altera- appertaining, to the overseers of Harvard College : provided, the legislature, that nothing herein sliall be construed to prevent the legis- lature of this Commonwealth from making such alterations in the government of the said university, as shall be condu- cive to its advantage, and the interest of the republic of letters, in as full a manner as might have been done by the legislature of the late Province of the Massachusetts Bay.
CHAPTER Y.
SECTION II. The Encotd'agement of Literature, ^'C. Duty of legisia- Wisdom and knowledge, as well as virtue, diffused gen-
tures and magis- ■•■, jiiip^i ii- n
trates in all fu- crally amoug the body oi the people, being necessary lor seeamendments, thc prcscrvatiou of their rights and liberties ; and as these Art. XVIII. depend on spreading the opportunities and advantages of education in the various parts of the country, and among the different orders of the people, it shall be the duty of legislatures and magistrates, in all future periods of this Commonwealth, to cherish the interests of literature and the sciences, and all seminaries of them ; especially the uni- versity at Cambridge, public schools, and grammar schools in the towns ; to encourage private societies, and public institutions, rewards and immunities, for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country ; to countenance and inculcate the principles of humanity and general benevo- lence, public and private charity, industry and frugality, honesty and punctuality in their dealings ; sincerity, good humor, and all social affections, and generous sentiments among the people.
CONSTITUTION. 27
CHAPTER VI.
OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OP AND EXCLU- SION FROM OFFICES ; PECUNIARY QUALIFICATIONS ; COMMIS- SIONS ; WRITS ; CONFIRMATION OF LAWS ; HABEAS CORPUS ; THE ENACTING STYLE ; CONTINUANCE OF OFFICERS ; PROVISION FOR A FUTURE REVISAL OF THE CONSTITUTION, &C.
Art. I. [Any person chosen governor, lieutenant-governor, council- lor, senator or representative, and accepting the trust, shall, before he proceed to execute the duties of his place or office, make and subscribe the following declaration, viz. :
"I, A. B., do declare, that I believe the Christian religion, and have a See amendments, firm persuasion of its truth ; and that I am seized and possessed, in my ^'^'" ^^^" own right, of the property required by the constitution, as one qualifica- tion for the office or place to which I am elected."
And the governor, lieutenant-governor and councillors, shall make and subscribe the said declaration, in the presence of the two houses of assem- bly ; and the senators and representatives, first elected under this consti- tution, before the president and five of the council of the former constitu- tion ; and forever afterwards, before the governor and council for the time being.]
And every person, chosen to either of the places or offices aforesaid, as also any person appointed or commissioned to any judicial, executive, military or other office under the government, shall, before he enters on the discharge of the Ijusiness of his place or office, take and subscribe the follow- ing declaration, and oaths or affirmations, viz. :
["I, A. B., do truly and sincerely acknowledge, profess, testify and See amendments, declare, that the Commonwealth of Massachusetts is, and of right ought to be, •^'''- ^^■ a free, sovereign and independent State ; and I do swear, that I will bear true faith and allegiance to the said Commonwealth, and that I will defend the same against traitorous conspiracies and all hostile attempts whatso- ever ; and that I do renounce and abjure all allegiance, subjection and obedience to the king, queen or government of Great Britain, (as the case may be,) and every other foreign power whatsoever ; and that no foreign prince, person, prelate, state or potentate, hath, or ought to have, any jurisdiction, superiority, pre-eminence, authority, dispensing or other power, in any matter, civil, ecclesiastical or spiritual, within this Com- monwealth ; except the authointy and power which is or may be vested by their constituents in the congress of the United States : and I do further testify and declare, that no man, or body of men, hath, or can have, any right to absolve or discharge me from the obligation of this oath, declaration or affirmation; and that I do make this acknowledgment, profession, testimony, declaration, denial, renunciation and abjuration, heartily ^d truly, according to the common meaning and acceptation oi the foregoing words, without any equivocation, mental evasion, or secret reservation whatsoever. So help me, God."]
" I, A. B., do solemnly swear and affirm, that I will faith- fully and impartially discharge and perform all the duties incumbent on me as , according to the
28 CONSTITUTION.
best of my abilities and understanding, agreeably to the rules and regulations of the constitution, and the laws of the Commonwealth. So help me, God."
Amendments, [Provided, always, that when any person, chosen or appointed as afore-
Art. VI. said, shall be of the denomination of the people called Quakers, and shall
decline taking the said oaths, he shall make his affirmation in the fore- going form, and subscribe the same, omitting the words, " I do swear," " and abjure," " oath or," " and abjuration," in the first oath ; and in the second oath, the words " swear and," and in each of them the words " So help me, God ; " subjoining instead thereof, " This I do under the pains and penalties of perjury."]
Oaths andaffirm- Aud the said oaths or affirmations shall be taken and sub- mSered.'^ ^ " scribcd by the governor, lieutenant-governor and councillors, before the president of the senate, in the presence of the two houses of assembly ; and by the senators and representatives first elected under this constitution, before the president and five of the council of the former constitution ; and for- ever afterwards before the governor and council for the time being; and by the residue of the officers aforesaid, before such persons, and in such manner, as from time to time shall be prescribed by the legislature. Plurality of offi- H. No ffovemor, lieutenant-governor, or iudge of the
ces prohibited to . V- • i ^ i ii i i i ^i ct' i
goTernor, &c., suprcmc judicial court, shall hold any other omce or place, except, &c. under the authority of this Commonwealth, except such as Art^viif"^'^'^' ^y ^^^^^ constitution they are admitted to hold, saving that the judges of the said court may hold the offices of justices of the peace through the State; nor shall they hold any other place or office, or receive any pension or salary from any other State, or government or power, whatever. Same subject. No person shall be capable of holding or exercising at the
same time, within this State, more than one of the following offices, viz. : judge of probate — sheriff — register of probate — or register of deeds ; and never more than any two offices, which are to be held by appointment of the governor, or the governor and council, or the senate, or the house of repre- sentatives, or by the election of the people of the State at large, or of the people of any county, military offices, and the offices of justices of the peace excepted, shall be held by one person. Incompatible No pcrsou holding the office of judge of the supreme
judicial court — secretary — attorney-general — [solicitor-gen- aTi.TiTl™^"*'^' ^^^1] — treasurer or receiver-general — judge of pvobate — commissary-general — president, professor or instructor of Harvard College — sheriff — clerk of the house of representa- tives— register of probate — register of deeds — clerk of the supreme judicial court — [clerk of the inferior court of com- mon pleas] — or officer ■ of the customs, including in this
CONSTITUTION. 29
doscriptioii naval oflkcr? — shall at the samo time have a seat ill the senate or house of representatives ; but their beins: chosen or appointed to, and accepting the same, shall operate as a resignation of their seat in the senate or house of representatives; and the place so vacated shall be filled
UJ).
And the same rule shall take place in case any judge of same subject. the said supreme judicial court, or judge of probate, shall accept a seat in council ; or any councillor shall accept of either of those offices or places.
And no person shall ever be admitted to hold a seat in Bribery, &c., op- the legislature, or any office of trust or importance under cation Z"'^'^*'"' the government of this Commonwealth, who shall in the due course of law, have been convicted of bribery or corruption, in obtaining an election or appointment.
III. In all cases where sums of money are mentioned in vaiue of money this constitution, the value thereof shall be computed in perty 'quaim^- silver, at six shillings and eight pence per ounce ; and it *'°°*"
shall be in the power of the legislature, from time to time, s/e amendments, to increase such qualiiications, as to property, oi the persons to be elected to offices, as the circumstances of the Common- wealth shall require.
IV. All commissions shall be in the name of the Com- Provisions re- , , „ ,- , -111 1 spt'ctiug com- monwealth 01 Massachusetts, signed by the governor, and missions.
attested by the secretary or his deputy, and have the great
seal of the Commonwealth affixed thereto.
V. All writs, issuing out of the clerk's office in any of Provisions re-
1 o 1 1 Ti 1 • 1 r- I /->! spectiug writs.
the courts of law, shall be in the name oi the Common- wealth of Massachusetts; they shall be under the seal of the court from whence they issue ; they shall bear test of the first justice of the court to which they shall be return- able who is not a parly, and be signed by the clerk of such court.
VI. All the laws, which have heretofore been adopted, continuation of
- 1 • 1 Ti • /-^ 1 Oil" former laws, ex-
used and approved, in the rrovmce. Colony or fetate oi cept, &c. Massachusetts Bay, and usually practiced on in the courts of law, shall still remain and be in full force, until altered or repealed by the legislature ; such parts only excepted as are repugnant to the rights and liberties contained in this constitution.
VII. The privilege and benefit of the writ of habeas Benefit of habeas
1111 .^1. I- /-I 11- ii J. corpus secured,
corpus shall be enjoyed in tins Commonwealtn, in the most except, &c. free, easy, cheap, expeditious and ample manner ; and shall not be suspended by the legislature, except u])on the most urgent and pressing occasions, and for a limited time, not exceeding twelve months.
30 CONSTITUTION.
Jtyie*"*''""^ VIII. The enacting style, in making and passing all acts,
statutes and laws, shall be — " Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same."
Officers of former [IX. To the end there may be no faikire of justice, or danger arise to government con- ^j^g Commonwealth, from a change of the form of government, all officers, ' ' civil and military, holding commissions under the government and people of Massachusetts Bay, in New England, and all other officers of the said government and people, at the time this constitution shall take effect, shall have, hold, use, exercise and enjoy all the powers and authority to them granted or committed, until other persons shall be appointed in their stead ; and all courts of law shall proceed in the execution of the business of their respective departments ; and all the executive and legis- lative officers, bodies and jiowers, shall continue in full force, in the enjoy- ment and exercise of all their trusts, emplojTiients and authority, until the general court, and the supreme and executive officers under this constitution, are designated and invested with their respective trusts, powers and authority. Provision for re- X. In order the more effectually to adhere to the principles of the vising constitu- constitution, and to correct those violations which by any means may be ments, Art. ix' made therein, as well as to form such alterations as from experience shall be found necessary, the general court, which shall be in the year of our Lord one thousand seven hundred and ninety-five, shall issue precepts to the selectmen of the several towns, and to the assessors of the unincorpo- rated plantations, directing them to convene the qualified voters of their respective towns and plantations, for the purpose of collecting their sentiments on the necessity or expediency of revising the constitution, in order to amendments. Same subject. And if it shall apjicar, by the returns made, that two-thirds of the qual-
ified voters thi'oughout the State, who shall assemble and vote in conse- quence of the said precepts, are in favor of such revision or amendment, the general court shall issue precepts, or direct them to be issued from the secretary's office, to the several towns, to elect delegates to meet in convention for the purpose aforesaid.
The said delegates to be chosen in the same manner and proportion as their representatives in the second branch of the legislature are by this constitution to be chosen.]
Provision for pre- XI. This form of govcmment shall be enrolled on parch- ushi'nlthit con- nient, and deposited in the secretary's office, and be a part stitution. of the laws of the land ; and printed copies thereof shall be
prefixed to the book containing the laws of this Common- wealth, in all future editions of the said laws.
CONSTITUTION. 31
ARTICLES OF AMENDMENT.
AiiT. I. If any bill or resolve shall be objected to, and "'"-&«. not ap.
. 11.1 1 -f il 1 . 1 11 proved within five
not approved by the p;overnor ; and it the general court shall diiy.-, not to be- adjoarn within five days after the same shall have been laid pnl.'turemij'oum before the governor for his approbation, and thereby prevent ""theuieautune. his returning it with his objections, as provided by the con- stitution, such bill or resolve shall not become a law, nor have force as such.
Art. II. The general court shall have full power and General court authority to erect and constitute municipal or city govern- chartrr'ciUes'**' ments, in any corporate town or towns in this Common- wealth, and to grant to the inhabitants thereof such powers, privileges and immunities, not repugnant to the constitution, as the general court shall deem necessary or expedient for the regulation and government thereof, and to prescribe the manner of calling and holding public meetings of the inhab- itants in wards or otherwise, for the election of officers under the constitutiou,and the manner of returning the votes given at such meetings : provided, that no such government shall Proviso. be erected or constituted in any town not containing twelve thousand inhabitants ; nor unless it be with the consent, and on the application, of a majority of the inhabitants of such town, present and voting thereon, pursuant to a vote at a meeting duly warned and holden for that purpose ; and pro- vided, also, that all by-laws, made by such municipal or city government, shall be subject, at all times, to be annulled by the general court.
Art. III. Every male citizen of twenty-one years of age Qualifications of and upwards, (excepting paupers and persons under guar- nor7^it"ute^nant- dianship.) who shall have resided within the Commonwealth p^emor, seua-
T . 1 . , T . . 1 • 1 1 tors and repre-
one year, and within the town or district, in which he may sentativeg. ii claim a right to vote, six calendar montlis next preceding see amendments, any election of governor, lieutenant-governor, senators or aud'xxvii'^"^' representatives, and who shall have paid, by himself, or his parent, master or guardian, any state or county tax, which shall, within two years next preceding such election, have been assessed upon him, in any town or district of this Commonwealth ; and also, every citizen who shall be bylaw exempted from taxation, and who shall be in all other respects qualified as above mentioned, shall have a right to vote in such election of governor, lieutenant-governor, senators and representatives ; and no other person shall be entitled to vote in such elections.
32 CONSTITUTION.
Notaries public, Art. IV. Notai'ies public shall be appointed by the o-qv-
iiow appointed . , * ,-,,., 'J. • , i
and removed, emor, 111 the Same manner as judicial oracers are appointed, and shall hold their offices during seven years, unless sooner removed by the governor, with the consent of the council, upon the address of both houses of the legislature.
Vacancies in tiie [In case the office of secretary or treasurer of the Commonwealth shall offices of ^ecreta- become vacant from any cause, during the recess of the general court, tlie liow filled in case', governor, with the advice and consent of the council, shall nominate and &e. appoint, under such regulations as may be prescribed by law, a competent
Arl. Jmi. "^^^ ' ^^^ suitable person to such vacant office, who shall hold the same until a successor shall be appointed by the general court.]
Commissary-gen- Whenever the exigencies of the Commonwealth shall potnt^d7in^ciei rcquirc the appointment of a commissary-general, he shall &<=■ be nominated, appointed and commissioned, in such manner
as the legislature may, by law, prescribe. Militia officers, All officcrs commissioucd to command in the militia, may
be removed from office in such manner as the legislature
may, by law, prescribe.
how removed.
Who may vote Art. Y. Ill tlic clections of captains and subalterns of subalterns'!^ *^° thc militia, all the members of their respective companies, as
well those under as those above the age of twenty-one years,
shall have a right to vote.
Oath to be taken Art. YI. Instcad of thc oatli of allcgiaucc prescribed by by au officers; thc coustitutiou, thc followlng oath shall be taken and sub- scribed by every person chosen or appointed to any office, civil or military, under the government of this Common- wealth, before he shall enter on the duties of his office, to wit: —
" I, A. B., do solemnly swear, that I will bear true faith and allegiance to the Commonwealth of Massachusetts, and will support the constitution thereof. So help me, God." or affi^rmationin Pfovided, That wlicu any person shall be of the denomi- nation called Quakers, and shall decline taking said oath, he shall make his affirmation in the foregoing form, omitting the word " swear," and inserting, instead thereof, the word " affirm," and omitting the words, " So help me, God," and subjoining, instead thereof, the words " This I do under the pains and penalties of perjury."
Tests abolished. Art. YII. No oath, declaration or subscription, except- ing the oath prescribed in the preceding article, and the oath of office, shall be required of the governor, lieutenant- governor, councillors, senators or representatives, to qualify tiiem to perform the duties of their respective offices.
case, &c.
CONSTITUTION. 33
Art. \lll. No judge of any court of this Cqinmonwealth, incompatibility [except the court of sessions,] and no person holding- any o*"°*"<^^'^*- office under the authority of the United ^States (postmasters excepted,) shall, at the same time, hold the office of governor, lieutenant-governor or councillor, or have a seat in the senate or house of representatives of this Commonwealth ; and no judge of any court in this Commonwealth, [except the court of sessions,] nor the attorney-general, [solicitor- general, county-attorney,] clerk of any court, sheriff, treas- urer and receiver-general, register of probate, nor register of deeds, shall continue to hold his said office after being elected a memi)er of the Congress of the United States, and accepting that trust ; but the acceptance of such trust, by any of the officers aforesaid, shall bo deemed and taken to be a resignation of his said office; [and judges of the courts of common pleas shall hold no other office under the govern- ment of this Commonwealth, the office of justice of the peace and militia offices excepted.]
Art. IX. If, at any time hereafter, any specific and par- Amenaments to
, ' •' 1 ••! cotistitutiou,how
ticular amendment or amendments to the constitution be made. proposed in the general court, and agreed to by a majority of the senators and two-thirds of the members of the house of representatives present and voting thereon, such proposed amendment or amendments shall be entered on the journals of the two houses, with the yeas and nays taken thereon, and referred to the general court then next to be chosen, and shall be published ; and if, in the general court next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of the senators and two-thirds of the members of the house of representatives present and voting thereon, then it shall be the duty of the general court to submit such proposed amendment or amendments to the people ; and if they shall be approved and ratified by a majority of the qualified voters, voting thereon, at meetings legally warned and holdeii for that purpose, they shall become part of the constitution of this Commonwealth.
Art. X. The political year shall begin on the first commencement Wednesday of January, instead of the last Wednesday of ° p"""''' ^''^'■' May ; and the general court shall assemble every year on the said first Wednesday of January, and shall proceed, at that session, to make all the elections, and do all the other acts, which are by the constitution required to be made and done at the session which has heretofore commenced on the last Wednesday of May. And the general court shall be d is- and termination.
34 CONSTITUTION.
solved on tlie day next preceding the first Wednesday of January, without any proclamation or other act of the gov- ernor. But nothing herein contained shall prevent the general court from assembling at such other times as they shall judge necessary, or when called togetiier by the gov- ernor. The governor, lieutenant-governor and councillors, shall also hold tlieir respective offices for one year next following the first Wednesday of January, and until others are chosen and qualified in their stead.
Meetings for the [The meeting for the choice of governor, lieutenant-governor, senators choice of gover- ^^ representatives, shall be held on the second Monday of November in nor, heutenant- i '. i-^ •^r-ii-
governor, &c., every year; but meetings may be adjourned, it necessary, tor the choice when to be held, of representatives, to the next day, and again to the next succeeding day, ^^ay e a journ ^^^^ ^^^ further. But in case a second meeting shall be necessary tor the Sne amendments, choice of representatives, such meetings shall be held on the fourth Monday Art. XV. of the same month of November.]
All the [other] provisions of the constitution, respecting the elections and proceedings of the members of the general court, or of any other officers or persons whatever, that have reference to the last Wednesday of May as the commence- ment of the political year, shall be so far altered, as to have like reference to the first Wednesday of January.
Article, when to This article shall go into operation on the first day of October, next following the day when the same shall be duly ratified and adopted as an amendment of the constitution ; and the governor, lieutenant-governor, councillors, senators, representatives, and all other state officers, who are annually chosen, and who shall be chosen for the current year, when the same shall go into operation, shall hold their respective offices until the first Wednesday of January then next fol- lowing, and until others are chosen and qualified in their stead, and no longer ; and the first election of the governor, lieutenant-governor, senators and representatives, to be had in virtue of this article, shall be had conformably thereunto, in the month of November following the day on which the same shall be in force and go into operation, pursuant to tlie foregoing provision.
incon.Mstent pro- All tlic provisious of the existing constitution, inconsis- tent with the provisions herein contained, are hereby wholly annulled.
go into operation.
visions annulled.
Religious free- Art. XL lustcad of tlic third article of the bill of rights, om es B e . ^|^^ following modification and amendment thereof is substi- tuted : —
" As the public worship of God, and instructions in piety, religion and morality, promote ^the happiness and prosperity
CONSTITUTION. 35
of a people, and the security of a rej)ul)lican fjovenuiiciit ; therefore the several religious societies of this Conuuoii- wealth, whether corporate or unincorporate, at any meeting- legally warned and holden for that purpose, shall ever have the right to elect their pastors or religious teachers, to con- tract with them for their support, to raise money for erecting and repairing houses for public worship, for the maintenance of religious instruction, and for the payment of necessary expenses ; and all persons belonging to any religious society shall be taken and held to be members, until they shall file with the clerk of such society a written notice declaring the dissolution of their membership, and thenceforth shall not be liable for any grant or contract which may be thereafter made or entered into by such society ; and all religious sects and denominations, demeaning themselves peaceably, and as good citizens of the Commonwealth, shall be equally under the protection of the law; and no subordination of any one sect or denomination to another shall ever be estab- lished by law."
[Art. XII. In order to provide for a representation of the citizens of Census of ratable this Commonwealth, founded upon the principles of equality, a census of P^'l^oo- ^ ^^^?^ the ratable polls in each city, town and district of the Commonwealth, on eennialVy^'there- the first day of May, shall be taken and returned Into the secretary's after. office, in such manner, as the legislature shall provide, within the month of May, in the year of our Lord one thousand eight hundred and thirty- seven, and in every tenth year thereafter. In the month of May, in manner aforesaid : and each town or city having thi-ee hundred ratable polls at the Representatives, last preceding decennial census of polls, may elect one representative, how apportioned. and for every four hundred and fifty ratable polls, in addition to the first Arts^.^TliL^and three hundred, one representative more. xxi.
Any town having less than three hundred ratable polls shall be repre- Towns having sented thus : The whole number of ratable polls, at the last prececling less than 300 decennial census of polls, shall be multiplied by ten, and the product ^present^e'd.' ^*''' divided by three hundred ; and such town may elect one representative as many years within ten years, as three hundred is contained in the product aforesaid.
Any city or town having ratable polls enough to elect one or more Fractions, how representatives, with any number of polls beyond the necessary number, represented. may be represented, as to that surplus number, by multiplying such sur- plus number by ten, and dividing the product by four hundred and fifty ; and such city or town may elect one additional rejiresentatlve as many years, within the ten years, as four hundred and fifty is contained in the product aforesaid.
Any two or more of the several towns and districts may, by consent of Towns may unite a majority of the legal voters present at a legal meeting in each of said 'p'o representa- towns and districts, respectively, called for that purpose, and held previous *'^® districts. to the first day of July, in the year in which the decennial census of polls shall be taken, form themselves into a representative district, to continue until the next decennial census of polls, for tlie election of a representa- tive or representatives ; and such districts shall have all the rights, in
36 CONSTITUTION.
regard to representation, which would belong to a town containing the
same number of ratable polls. The governor and The governor and council shall ascertain and determine, within the council to deter- months of July and Aujjust, in the year of our Lord one thousand eierht
mine the number i i i j /i • i. o ' ^• , ,-i n • • • i j.i
ofrepresentatives hundred and thirty-SBven, accordnig to the loregonig prmciples, the num-
to which each ber of representatives which each city, town and representative district is
town IS entitled, entitled to elect, and the number of years, within the period of ten years
then next ensuing, that each city, town and representative district may
New apportion- elect an additional representative ; and where any town has not a sufB-
nient to be made cient number of poUs to elect a representative each year, then, how many
years!" ^^^^^ *^° years within the ten years, such town may elect a representative ; and
the same shall be done once in ten years thereafter, by the governor and
council, and the number of ratable polls in each decennial census of polls
shall determine the number of representatives which each city, town and
representative district may elect as aforesaid ; and when the number of
representatives to be elected by each city, town or representative district
is ascertained and determined as aforesaid, the governor shall cause the
same to be published forthwith for the information of the people, and that
number shall remain fixed and unalterable for the period of ten years.
Inconsistent pro- All the provisions of the existing constitution inconsistent with the
visions annulled, provisions herein contained, are hereby wholly annulled.]
Census of inhabi- Art. XIII. [A census of the inhabitants of each city and town, on the *"''iS4n ^^*d^™•^^^*' ^^^- °^ ^^fiy? shall be taken and returned into the secretary's office, cenniaiiy there- On or before the last day of June, of the year one thousand eight hundred after, for basis of and forty, and of every tenth year thereafter ; which census shall deter- Pee^ame'ndments ^^^^^^ ^^^ apportionment of Senators and representatives for the term of Art. xxri. ' ten years.
Senatorial dis- The several senatorial districts now existing, shall be permanent. The tricts declared senate shall consist of forty members ; and in the year one thousand eight See'amen'dments, hundred and forty, and every tenth year thereafter, the governor and Art. XXII. council shall assign the number of senators to be chosen in each district,
according to the number of inhabitants in the same. But, in all cases, at least one senator shall be assigned to each district. House of repre- The members of the house of representatives shall be apportioned in sentatives, how ^]jg following manner : Every town or city containing twelve hundred See amendments inhabitants, may elect one representative; and two thousand four hun- Art. XXI. clred inhabitants shall be the mean increasing number, which shall entitle
it to an additional representative. Small towns, how Every town containing less than twelve hundred inhabitants shall be represented. entitled to elect a representative as many times, within ten years, as the number one hundred and sixty is contained in the number of the inhabi- tants of said town. Such towns may also elect one representative for the year in which the valuation of estates within the Commonwealth, shall be settled. Towns may unite Any two or more of the several towns may, by consent of a majority of i> to repre^-enta- ^[^q legal voters present at a legal meeting, in each of said towns, respec- tively, called for that purpose, and held before the fii-st day of August, in the year one thousand eight hundred and forty, and every tenth year thereafter, form themselves into a representative district, to continue for the term of ten years ; and such districts shall have all the rights, in regard to representation, which would belong to a town containing the same number of inhabitants. Basis of represen- The number of inhabitants which shall entitle a town to elect one rep- of incre^'e*! ^'^^^^ roseutative, and the mean increasing number, which shall entitle a town or city to elect more tlian one, and also the number by which the popula- tion of towns, not entitled to a representative every year, is to be divided,
CONSTITUTION. 87
shall bo inoreasoil. rospci-tivoly, by one-tonth of the numbers above men- tioned, whenever the population ot the Commonwealth shall have increased to seven hundred and seventy thousand, and for every additional inrrcase of seventy thousand inhabitants, the same addition of one-tenth shall be made, respectively, to the said numbers above mentioned.
In the year of each decennial census, the governor and council shall, The governor and
before the first dav of September, apportion the number of representatives ^P""^'' *° ippor-
... , . - ', ', .• T , • i • ^"xi 1 i 1 i 1 tion the number
■which each city, town and representative district is entitled to elect, and of representatives
ascertain how many years, within ten years, any town may elect a rep- of eaoh tow-n once
resentative, Mhich is not entitled to elect one every year; and the governor '°'^^^'^y en years
shall cause the same to be ])ublished forthwith.
Nine councillors shall be annually chosen from among the people at Councillors to be
large, on the first "Wednesday of January, or as soon thereafter as may be, people at "large '^^
by the joint ballot of the senators and representatives, assembled in one See amendments,
room, who shall, as soon as may be, in like manner, fill up any vacancies ^^^- ^^^\
that may happen in the council, by death, resignation or otherwise. No ^o"uncmors°°* °^
person shall be elected a councillor who has not been an inhabitant of this
Commonwealth for the term of five years immediately preceding his
election ; and not more than one councillor shall be chosen from any one
senatorial district in the Commonwealth.]
No possession of a freehold, or of any other estate, shall Freehold as a
, ' . , ^•^^ 1' n i i t , • ' ,^ quahfication not
be required as a qualincation lor holding a seat in either required. branch of the general court, or in the executive council.
Art. XIY. In all elections of civil officers by the people Elections by the of this Commonwealth, whose election is provided for by the piuraiity^ofvot^s^ constitution, the person having the highest number of votes shall be deemed and declared to be elected.
Art. XY. The meeting for the choice of governor, lieu- Time of annual tenant-governor, senators and representatives, shall be held ern*o'r°and'iegiI- on the Tuesday next after the first Monday in November, ^^ture. annually ; but in case of a failure to elect representatives on that day, a second meeting shall be holden, for that purpose, on the fourth Monday of the same month of November.
Art. XYI. Eight councillors shall be annually chosen by Eight conncuiors the inhabitants of this Commonwealth, qualified to vote for the'^peop^ie!^'^ ^^ governor. The election of councillors shall be determined by the same rule that is required in the election of governor. Tiie legislature, at its first session after this amendment Legislature to dis- shall liave been adopted, and at its first session after the *"'^'^'*'*- next State census shall have been taken, and at its first ses- sion after each decennial State census thereafterwards, shall divide the Commonwealth into eight districts of contiguous territory, each containing a number of inhabitants as nearly equal as practicable, witliout dividing any town or ward of a city, and each entitled to elect one councillor ; provided, however, that if, at any time, the constitution shall provide
38
CONSTITUTION.
for the division of the Commonwealth into forty senatorial districts, then the legislature shall so arrange the councillor districts, that each district shall consist of five contiguous senatorial districts, as they shall be, from time to time.
Eligibility defin- established by the legislature. No person shall be eligible to the office of councillor who has not been an inhabitant of the Commonwealth for the term of five years immediately
Day and manner preceding liis clcction. The day and manner of the elec- tion, the return of the votes, and the declaration of the said elections, shall be the same as are required in the election of governor. "Whenever there shall be a failure to elect the full number of councillors, the vacancies shall be filled in the same manner as is required for filling vacancies in the senate ; and vacancies occasioned by death, removal from the State, or otherwise, shall be filled in like manner, as soon as may be after such vacancies shall have happened. And that there maybe no delay in the organization of the government on the first Wednesday of January, the governor, with at least five councillors for the time being, shall, as soon as may be, examine the returned copies of the records for the election of governor, lieutenant-governor, and councillors ; and ten days before the said first Wednesday in January he shall issue his summons to such persons as appear to be chosen, to attend on that day to be qualified accordingly ; and the secretary shall lay the returns before the senate and house of representatives on the said first Wednesday in Jan- uary, to be by them examined ; and in case of the election of either of said officers, the choice shall be by them declared and published ; but in case there shall be no election of either of said officers, the legislature shall proceed to fill such vacancies in the manner provided in the constitution for the choice of such officers.
ed
of election, &c.
Vacancies, how filled.
Organization of the government.
Election of secre- Art. XVII. Thc sccrctary, trcasurcr and receiver-gen- audiW '^anT'^atl cral, auditor, aud attorney -general, shall be chosen annually, the^peope.*"^*'''^ on the day in November prescribed for the choice of gov- ernor ; and each person then chosen as such, duly qualified in other respects, shall hold his office for the term of one year from the third Wednesday in January next thereafter, and until another is chosen and qualified in his stead. The qualification of the voters, the manner of the election, the return of the votes, and the declaration of the election, shall be such as are required in the election of governor. In case of a failure to elect either of said officers on the day in November aforesaid, or in case of the decease, in the mean time, of the person elected as such, such officer shall be
Vacancies, how fiUed.
CONSTITUTION. 89
chosen on or before the third Wednesday in January next thereafter, from the two persons who had the highest number of votes for said offices on the day in November aforesaid, by joint ballot of the senators and representatives, in one room ; and in case the office of secretary, or treasurer and receivcr-<reneral, or auditor, or attorney-general, shall become vacant, from any cause, during au annual or special session of the general court, such vacancy shall in like manner be filled by choice from the people at large ; but if such vacancy shall occur at any other time, it shall be supplied by the governor by appointment, with the advice and consent of the council. The person so chosen or appointed, duly qualified in other respects, shall hold his office until his successor is chosen and duly qualified in his stead. In to qualify within case any person chosen or appointed to either of the offices wise oMce to be aforesaid,' shall neglect, for the space of ten days after he "deemed vacant. could otherwise enter upon his duties, to qualify himself in all respects to enter upon the discharge of such duties, the office to which he has been elected or appointed shall be deemed vacant. No person shall be eligible to either Qualifications re- ef said offices unless he shall have been an "inhabitant of ^"'^''^■ this Commonwealth five years next preceding his election or appointment.
Art. XYIII. All moneys raised by taxation in the towns school moneys and cities for the support of public schools, and all moneys fo°/ sectarian"^ which may be appropriated by the State for the support of ^°^°°^^- common schools, shall be applied to, and expended in, no other schools than those which %re conducted according to law, under the order and superintendence of the authorities of the town or city in which the money is to be expended ; and such moneys shall never be appropriated to any religious sect for the maintenance, exclusively, of its own school.
Art. XIX. The legislature shall prescribe, by general ^f^^|,^be7or*the law, for the election of sheriffs, registers of probate, commis- election of sher- sioners of insolvency, and clerks of the courts, by the people proimtef &c!! by of the several counties, and that district-attorneys shall be tt'sp^op'e- chosen by the people of the several districts, for such term of office as the legislature shall prescribe.
Art. XX. No person shall have the right to vote, or be Reading consti-
,. .. , ^- ^ , , . . •-,, , . ^^ tution in Lnglii-n
eligible to office under the constitution ot tins Lommon- and writing, ne- wealth, who shall not be able to read the constitution in the tim'rof voters!"' English language and write his name : provided, hoivever, Proviso, that the provisions of this amendment shall not apply to any
of 240 members.
40 CONSTITUTION.
person prevented by a physical disability from complying with its requisitions, nor to any person who now lias the right to vote, nor to any persons who shall be sixty years of age or upwards at the time this amendment shall take effect.
Census of legal Art. XXI. A ccusus of the legal voters of each city and habitants, when town, ou the fii'st day of May, shall be taken and returned taken, &c. ^^^^^ ^j^^ officc of the sccrctary of the Commonwealth, on or fhlp^ter 20^^ ^'^*' ^^^o^'^ the last day of June, in the year one thousand eight hundred and fifty-seven ; and a census of the inhabitants of each city and town, in tlie year one thousand eight hundred and sixty-five, and of every tenth year thereafter. In the census aforesaid, a special enumeration shall be made of the legal voters ; and in each city said enumeration shall specify the number of such legal voters aforesaid, residing in each ward of such city. The enumeration aforesaid shall deter- mine the apportionment of representatives for the periods between the taking of the census. Hous^e to^onsist Thc liousc of representatives shall consist of two hundred and forty members, which shall be apportioned by the legis- lature, at its first session after the return of eacli enumeration as aforesaid, to the several counties of the Commonwealth, equally, as nearly as may be, according to their relative numbers of legal voters, as ascertained by the next preceding special enumeration ; and the town of Cohasset, in the county of Norfolk, shall, for this purpose, as well as in the formation of districts, as hereinafter provided, be considered a part of the county of Plymouth ; and it sliall be the duty of the secretary of the Commonwealth, to certify, as soon as may be after it is determined by the legislature, tlie number of representatives to which each county shall be entitled, to the board authorized to divide each county into representative districts. The mayor and aldermen of the city of Boston, the county commissioners of other counties than Suffolk, — Legislature^ to or in lieu of tlic mayor and aldermen of the city of Boston, or of the county commissioners in each county other than Suffolk, such board of special commissioners in each county, to be elected by the people of the county, or of the towns therein, as may for that purpose be provided by law, shall, on the first Tuesday of August next after each assignment of representatives to each county, assemble at a shire town of their respective counties, and proceed as soon as may be, to divide the same into representative districts of contiguous territory, so as to apportion the representation assigned to each county equally, as nearly as may be, according to the relative number of lea:al voters in the several districts of
apportion, &c.
CONSTITUTION. 41
each county ; and such districts shall be so formed that no
town or ward of a city shall be divided therefor, nor shall
any district be made which shall be entitled to elect more
than three representatives. Every representative, for one Qualifications of
year at least next preceding his election, shall have been an "P"^^*®"^'*"'®^-
inhabitant of the district for which he is chosen, and shall
cease to represent such district when he shall cease to be
an inhabitant of the Commonwealth. The districts in each
county shall be numbered, by the board creating the same,
and a description of each, with the numbers thereof and
the number of legal voters therein, shall be returned by the
board, to the secretary of the Commonwealth, the county
treasurer of each county, and to the clerk of every town in
each district, to be filed and kept in their respective offices.
The manner of calling and conducting the meetings for the
choice of representatives, and of ascertaining their election,
shall be prescribed by law. Not less than one hundred one hundred
members of tlie house of representatives shall constitute a qu^u^^
quorum for doing business ; but a less number may organize
temporarily, adjourn from day to day, and compel the
attendance of absent members.
Art. XXII. A census of the legal voters of each city and census of voters town, on the first day of May, shall be taken and returned to be '^kenl'*"'* into the office of the secretary of the Commonwealth, on or before the last day of June, in the year one thousand eight hundred and fifty-seven ; and a census of the inhabitants of each city and town, in the year one thousand eight hundred and sixty-five, and of every tenth year thereafter. In the census aforesaid, a special enumeration shall be made of the legal voters, and in each city said enumeration shall specify the number of such legal voters aforesaid, residing in each ward of such city. The enumeration aforesaid shall determine the apportionment of senators for the periods between the taking of the census. The senate shall consist senate to consist of forty members. The general court shall, at its first session senatwIS^dis- after each next preceding special enumeration, divide the *"<=*«' &•=• Commonwealth into forty districts of adjacent territory, each district to contain, as nearly as may be, an equal number of legal voters, according to the enumeration aforesaid : pro- Proviso. vided, however, that no town or ward of a city shall be divided therefor ; and such districts shall be formed, as nearly as may be, without uniting two counties, or parts of two or more counties, into one district. Each district shall Qualifications of elect one senator, who shall have been an inhabitant of this ^*°^'°"- Commonwealth five years at least immediately preceding his • • c
42 CONSTITUTION.
election, and at the time of liis election shall be an inhabi- tant of the district for which he is chosen ; and he shall cease to represent such senatorial district when he shall cease to Sixteen members be an inhabitant of the Commonwealth. Not less than a quorum. sixtccn scnators shall constitute a quorum for doing busi- ness ; but a less number may organize temporarily, adjourn from day to day, and compel the attendance of absent members.
Residence of two [Art. XXIII. No person of foreign birtli shall be entitled to vote, or years required of si^^U be eligible to office unless he shall have resided within the jurisdic- zen, to entitle to tion of the United States for two years subsequent to his naturalization, suffrage or make and shall be Otherwise qualified, according to the constitution and laws of [AnnuUed° *See t^"s Commonwealth : provided, that this amendment shall not affect the amendment, Art. rights which any person of foreign birth possessed at the time of the XXVI.] adoption thereof; and, provided, further, that it shall not affect the rights
of any child of a citizen of the United States, born during the temporary
absence of the parent therefrom.]
Vacancies in the Art. XXIV. Auv vacancv In the senate shall be filled by
senate
council.
election by the people of the unrepresented district, upon the order of a majority of senators elected.
Vacancies in the Art. XXV. lu casc of a vacaucy in the council, from a failure of election, or other cause, the senate and house of representatives shall, by concurrent vote, choose some eligible person from the people of the district wherein such vacancy occurs, to fill that office. If such vacancy shall happen when the legislature is not in session, the governor, with the advice and consent of the council, may fill the same by appointment of some eligible person.
Art. XXVI. The twenty-third article of the articles of amendment of the constitution of this Commonwealth which •is as follows, to wit: " No person of foreign birth shall be entitled to vote, or shall be eligible to office unless he shall have resided within the jurisdiction of the United States for two years subsequent to his naturalization, and shall be otherwise qualified, according to the constitution and laws of this Commonwealth : provided, that this amendment shall not affect the rights which any person of foreign birth pos- sessed at the time of the adoption thereof; and provided, further, that it shall not affect the rights of any child of a citizen of the United States, born during the temporary absence of the parent therefrom," is hereby wholly annulled.
CONSTITUTION. 43
[Note. — The Constitution of Massachusetts was agreed upon by dele- gates of the people, in convention, begun and held at Cambridge, on the first day of Soptoniber, 1779, and continued by adjournments to the second day of March, 1 780, when the convention adjourned to meet on the first Wednesday of the ensuing June. In the meantime the Constitution was submitted to the people, to be adopted by them, provided two-thirds of the votes given should be in the affirmative. When the convention assembled, it was found that the Constitution had been adopted by the requisite number of votes, and the convention accordingly Resolved, " That the said Constitution or Frame of Government shall take place on the last Wed- nesday of October next ; and not before, for any purpose, save only for that of making elections, agreeable to this resolution." The first legislature assembled at Boston, on the twenty-fifth day of October, 1 780.
Tlie first nine Articles of Amendment were submitted, by delegates in convention assembled, November 15, 1820, to the people, and by them approved and ratified April 9, 1821.
The tenth Article of Amendment was adopted by the legislatures of the political years 1829-30, and 1830-31, respectively, and was approved and ratified by the people, May 11, 1831.
The eleventh Article of Amendment was adopted by the legislatures of the political years 1832 and 1833, respectively and was approved and ratified by the people, November 11, 1833.
The twelfth Article of Amendment was adopted by the legislatures of the political years 1835 and 1836, respectively, and was approved and ratified by the people, the fpurteenth day of November, 1836.
The thirteenth Article of Amendment was adopted by the legislatures of the political years 1839 and 1840, respectively, and was approved and ratified by the people, the sLxth day of April, 1840.
The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nine- teenth Articles of Amendment w6re adopted by the legislatures of the political years 1854 and 1855, respectively, and ratified by the people, the twenty-third day of May, 1855.
The twentieth, twenty-first and twenty-second Articles of Amendment were adopted by the legislatures of the political years 1856 and 1857, respectively, and ratified by the people on the first day of May, 1857.
44 CONSTITUTION.
The twenty-third Article of Amendment was adopted by the legisla- tures of the political years 1858 and 1859, respectively, and ratified by the people on the ninth day of May, 1859.
The twenty-fourth and twenty-fifth Articles of Amendment were adopted by the legislatures of the political years 1859 and 1860, respectively, and ratified by the people on the seventh day of May, 1860.
The twenty-sixth Article of Amendment was adopted by the legisla- tures of the political years 1862 and 1863, respectively, and ratified by the people on the sixth day of April, 1863.]
INDEX TO THE CONSTITUTION.
A.
Page.
Adjutant-General, how appointed, 20
Adjutants of Regiments, how appointed, 20
Affirmations. See Oaths and Affirmations.
Agriculture, Arts, Commerce, &c., encouragement of, 26
Amendments to the Constitution, how made, 33
Apportionment of Councillors, 37, 38
" of Representatives, 15, 35, 36, 37, 40
of Senators 11, 12, 36, 41
Armies, Standing, should not be maintained without consent of Legis- lature, 7
Arms, Right of People to keep and bear, 7
Articles of Amendment, 31
Attorney-General, how appointed, 19
" how elected, 38, 39
" Qualifications of, 39
" Vacancy in Office of, how filled, .... 39
Attorneys, District, how chosen, 39
Auditor, how chosen 38, 39
" Qualifications of, 39
* " Vacancy in Office of, how filled, 38
B.
Bail and Sureties, Excessive, not to be demanded, .... 8
Bills and Resolves, to be laid before the Governor for revisal, . . 9 " " to have the force of law, unless returned within
five days, 10
" " to be void when not returned, if Legislature ad- journs within five days, 32
" " when vetoed, may be passed by two-thirds of each
House, 10
Bills, Jloney, to originate, in the House of Representatives, . . 16
Body Politic, how formed, and nature of, 3
Bribery or Corruption in obtaining an Election, to disqualify for Office, 29
46 INDEX TO THE CONSTITUTION.
c.
Page.
Census of Inhabitants, when and how taken, 36, 40
" of Legal Voters, when and how taken, 40, 41
" of Ratable Polls, when and how taken, 35
Cities, General Court empowered to charter, . . . . . 31
Civil and Military Officers, duties of, to be prescribed by Legislature, 11 Commander-in-Chief. See Governor.
Commerce, Manufactures, Arts, &c., encouragement of, . . . 26
Commissary-General, when and how nominated, &c., .... 32
" " to make Quarterly Returns, .... 20
Commissioners of Insolvency, how chosen, 39
Commission Officers, Tenure of Office to be expressed in Commis- sion, 24
Commissions, how made, signed, countersigned, and sealed, . . 29
Congress, Delegates to, how chosen and commissioned, ... 24
" " may be recalled, and others commissioned, . . 24
" what Offices may not be held by members of, . . . 33
Constitution, Amendments to, how made, 33
" Revision of in 1795, provided for, ..... 30 " to be enrolled, deposited in Secretary's Office, and printed
with the laws, 30
Coroners, how appointed, 19
Corruption. See Bribery.
Council, and the manner of settling Elections by the Legislature, . 22
" may exercise powers of Executive, when, &c., ... 23
*' Members of, number, and how chosen, .... 22, 23, 38
" Members of, to be sworn in presence of both Houses, . . 28
" Objects of, 23
" Quorum of, 23
" Rank and Qualifications of Members of, ... . 23, 38
" Register of, subject to the call of either House, ... 23
" Resolutions and Advice of, to be recorded, .... 23
" Vacancies in, how filled, 38
Court, Superior, Judges of, proliibited from holding other Offices, . fi3
" Supreme Judicial, Judges of. Tenure of Office of, and Salary, 8, 21, 22
Courts and Judicatories, may administer Oaths and Affirmations, . 10
<' Clerks of, how chosen, 39
" of Probate. See Probate.
" of Record and Judicatories, the General Court may establish, . ,10
Crimes and Oflences, Prosecutions for, regulated, .... 6, 7
D.
Debate, Freedom of, in Legislature, affirmed, 8
Declaration of Rights, 4
Delegates to Congress, 24
" " how chosen, ....... 24
" " may be recalled, and others commissioned, . 24
INDEX TO THE CONSTITUTION.
47
District-Attorneys, how chosen, .... Districts, Councillor, how established and arranged,
" Representative, how formed,
" " Towns may unite in, .
" Senatorial, how establislied and arranj^'ed. Divorce and Alimony, causes of, how determined, Duties of Civil and Military Officers, to be prescribed by Legislature,
|
Page. 39 |
||||
|
12, |
37, 35, |
38 40 36 |
||
|
12, |
36, |
41 24 |
11
E.
Elections, by Legislature, Adjournment of, 23
" Order of, 23
" by the People, Plurality Rule to prevail in, ... 37
" Freedom of, affirmed, ........ 6
Election Returns, by whom examijied, &c., 13, 38
Enacting Style, established, 30
Encouragement of Literature, 26
Enrollment. See Constitution.
Equality and Natural Rights, recognized, 4
Estates, Valuation of, when taken, 11
Executive Power, 17
'• not to exercise Legislative or Judicial Powers, ... 9
Ex Post Facto Laws, injustice of, declared, 8
F.
Felony and Treason, conviction of, by Legislature, forbidden,
Fines, Excessive, prohibited,
Freedom of Debate, in Legislature, affirmed.
G.
General Court, frequent sessions of, enjoined, 8
" " how formed, • . . . 9
" " may make Laws, Ordinances, &c., .... 10 " 'i may provide for the naming and settling of Civil
Officers, 10, 11
" " may prescribe the duties of Civil and Military Officers, 11
" *' may impose Taxes, Duties, and Excises, ... 11
" " may constitute Judicatories, and Courts of Record, . 10
*' " may charter Cities, 31
" " may be prorogued by Governor and Council, . . 18
" " when to assemble, and when to be dissolved, . 10, 18, 34
Government, Frame of, 9
" Executive, Legislative, and Judicial Departments of,
limits defined, 9
" Objects of, 3
" Right of People to institute, alter, &c., .... 3,5
Governor, may call Councillors together at his discretion, ... 17
48
INDEX TO THE CONSTITUTION.
Page.
Governor, qualifications of, 17, 27, 32
" Salary of, 21
" shall sign such Bills and Eesolves as he approves, . . 9
" shall return such Bills and Eesolves as he does not approve, 9
" Style and Title of, 17
" to be Commander-in-Chief of Military Forces of State, . 18
•' to be sworn in presence of both Houses, .... 27
" the holding of other Offices by, prohibited, . . .28, 33
" when and how chosen, 17, 31, 34, 37
" and Council, may pardon Offences, after Conviction, . 19
" " may prorogue the Legislature, ... 18
" " shall examine Election Returns, . . .13, 38
H.
Habeas Corpus, benefit of, secured, 29
" " not to be suspended more than twelve months, . . 30
Harvard College, Powers, Privileges, Grants, &c., confirmed to, . 25
" " who shall be Overseers of, 26
" " Government of, may be altered by Legislature, . 26
House of Representatives, 15
" " Members of, how apportioned and chosen, 15, 16
34, 35, 36, 37, 40, 41, 42, 43 " " qualifications of Members of, . . 15, 37, 41
" " qualifications of Voters for Members of, 15, 31, 39
" • " to judge of the qualifications, &c., of its
own Members,
" " to choose its own Officers, establish its own
Rules, &c.,
" " may punish Persons not Members, for dis- respect, &c.,
" " may try and determine all Cases involving
its Rights and Privileges, *' " shall be the Grand Inquest to impeach,
" " all Money Bills to originate in, . . .
" " not to adjourn for more than two days,
" " Quorum of,
" " Members of, exempt from arrest on Mean
Process,
" " Towns may be fined for neglecting to return
Members to,
" " Travelling Expenses of Members of, how
paid, .......
" *' Oaths or Affirmations of Members of, how
taken and subscribed to, .... 27, 28
16
16
16
16 16 16 16 16,43
16
15
INDEX TO THE CONSTITUTION.
49
I.
Impeacliment, Limitation of Sentence for, Inipeaelnnents, how made and tried, Incompatihio Offices, enumeration of, . '"Inhabitant," word defined. Inhabitants, Census of, when taken, Insolvency, Commissioners of, how chosen. Instruction and Petition, Eight of, affirmed,
Page.
U
14, IG
28, 33
12
3G, 41
39
8
J.
Judicatories and Courts of Record, Legislature may establish, . . 10 *' " " may administer Oaths and Affirm- ations, 10
Judicial Department, not to exercise Legislative or Executive Powers, 8
" Officers, how appointed, 19
" " to hold Office during good behavior, except, &c., . 24
" " may be removed on Address of Legislature, . . 24
Judiciary Power, 24
Judges of Superior Court, what other Offices may not be held by, . 33
Judges of Probate, shall hold Courts on fixed days, &c., ... 24
" " Appeals from, how heard and determined, . . 24
" " what other Offices may not be held by, ... 33
Jury, Eight of Trial by, secured, 7
Justices of the Peace, Tenure of Office of, 24
" " Commissions of, may be renewed, ... 24 " Supreme Judicial Court, Tenure of Office, and Salaries of, 8, 21, 24 " " " " what other Offices may not be held
by, 28, 33
" " " " Opinions of, may be required by
Executive or either branch of
Legislature, .... 24
L.
Law-Martial, Persons not in the Army, Navy, or Actual Service, not
to be subject to,
Laws, every Person to have remedy in, for injury to Person or Property, " Ez Post Facto, declared unjust and inconsistent with Free Gov- ernment,
" not repugnant to Constitution, Legislature may make, " of Province, Colony, or State of Massachusetts Bay, not repug- nant to Constitution, continued in force, .... *' power of suspending, only in Legislature, ....
Legal Voters, Census of, when taken, 40, 41,
Legislative Department, not to exercise Executive or Judicial Powers, " Power,
7
50
INDEX TO THE CONSTITUTION.
Legislature. See General Court. Lieutenant-Governor,
" " vrhen and liow chosen,
" " title of, . . .
" " qualifications of,
" " powers and duties of,
" " to be sworn in presence of both Houses, Literature, Encouragement of,
Page.
21 21, 31, 34, 37 21 21 22 28 26
M.
Magistrates and Officers, accountability of, .
Major-Generals, how appointed and commissioned,
Martial Law, persons not in the Army, Navy, or actual service, not to
be subject to,
Meetings, Plantation, provisions respecting, " Town, Selectmen to preside at, . Military Power, to be subordinate to Civil, . Militia Offices, vacancies in, how filled, . • . " Officers, how elected and commissioned, . " " how removed, ....
" organization of, into Brigades, Regiments, and Comp confirmed, ......
Money Bills, to originate in House of Eepresentatives ' ' how drawn from the Treasury, " value of, how computed, ....
Moneys, for the Support of Schools, how applied, Moral Principles, necessity of the observance of, in a Free Govern ment,
5
20
8
13
12
7
20
20, 32
20, 32
20 16 20 29 39
N.
Notaries Public, how chosen,
" " how appointed. Tenure of Office, &c..
23
32
0.
Oaths and Affirmations, Courts and Judicatories may administer, . 10
" " Porms of, 27, 32
" " how and by whom taken and subscribed, 27, 28, 32
" and Subscriptions ; Incompatibility of and exclusion from
Offices, &c., &c., 27
" variation of, in behalf of Quakers, 28, 32
OflPences. See Crimes and Offences.
Office, Right of People to secure Rotation in, 5, 6
" Equal Right of all to, affirmed, 6
" no person eligible to, who cannot read and write, ... 39
INDEX TO THE CONSTITUTION.
51
Officers, Civil, Legislature may provide for the naming: and scttlin.Ej of, " Civil and Military, duties of to be prescribed by Legislature, " " *' holding under Government of Massachu-
setts Bay, continued in office,
Officers and Magistrates, accountability of, .
Officers, Militia, how elected and commissioned, . " " how removed, ....
Offices, Incompatible,
" Militia, vacancies in, how filled, " Plurality of, prohibited to Governor, Lieutenant and Judges,
Governor,
Pago.
10
11
30
5
20,32
20, 32
28,33
20
28, 33
P.
Pardon, Power of, vested in Governor and Council, .... 19
People, Right of, to keep and bear Arms, 7
Person and Property, llemedy for all Injuries to, should be found in
the laws, 6
Petition and Instruction, Right of, affirmed, 8
Plantations, Unincorporated, Tax -paying Inhabitants of, may vote for
Councillors and Senators, 13
Plurality of Votes, election of Civil Officers by, .... 37
Political Year, when to begin and end, 33
Polls, Ratable, Census of, when taken, 35
Power, Executive, 17
" Judiciary, 21
" Legislative, 9
Preamble, 3
Press, Liberty of, essential to Freedom, 7
Probate, Judges of, shall hold Courts on fixed days, &c., ... 24
" " Appeals from, how heard and determined, . . 24
*' " what other Offices may not be held by, . . 33
" Registers of, how appointed, 19
" " how elected, 39
Property, Private, not to be taken for Public Uses without Compen- sation, 6
Property Qualification, may be increased by Legislature, ... 29
" " partially abolished, 37
Prosecutions, for Crimes and Offences, regulated, .... 6
Public Boards, Returns of, how, when, and to whom made, . . 20
" Officers, Right of People with reference to, ... • 6
" Services, the only Title to particular and exclusive Privileges, 5
" Worship, the Right and Duty of, 4
" " Legislature may compel provisions for, ... 4
Punishments, Cruel and Unusual, proliibitcd, 8
52
INDEX TO THE CONSTITUTION.
Q.
Page. . 28, 32 17, 31, 39 . 21, 39 . 38, 39
Quakers, variation of Oath in behalf of, ... .
Qualifications of Governor,
" of Lieutenant-Governor, ....
" of Councillors,
" of Senators, 14, 37, 39, 42
" of Eepresentatives, 21, 38, 39, 41
" of Secretary, Treasurer, Auditor, and Attorney-General, 38
" of Voters, 12, 16, 31, 39
" Moral, of Officers and Magistrates, .... 7
QuaUfication, Property, may be increased, ...... 29
" " partial abolition of, 37
Quorum of Council, 17, 22
" of House, 16, 41
" of Senate, ■ 15, 42
R.
Eatable Polls, Census of, when taken,
" " Towns having less than 300, how represented,
" " Towns having less than 150, how represented,
Eead and Write, Persons who cannot, not to Vote or hold Office, Eegister of Council, to be kept, subject to the call of either House, Eegisters of Probate. See Probate.
Eeligious Denominations, equal protection secured to all, . " Societies, Eight of, to elect their own Pastors, &c., " " persons belonging to, to be held as Members, till
they file notice of Dissolution,
Eepresentation, in Council, basis of,
" in House, 15, 35, 36, 37, 38,
" in Senate, 11,
Eepresentatives. See House of Eepresentatives.
Eeturns, Quarterly, how and by whom to be made, ....
Eeturns of Votes, by whom made, examined, &c., . . 12, 13, 17,
Eevision of Constitution. See Constitution.
Eights, Natural, Declaration of, &c.,
|
35 |
|
|
35 |
|
|
15 |
|
|
39 |
|
|
23 |
|
|
5 |
34 |
|
5 |
35 |
|
35 |
|
|
37 |
|
|
40 |
41 |
|
36, |
41 |
|
20 |
|
|
38, |
40 |
s.
Salaries, of Judges of Supreme Court, ....
Salary, of Governor,
Schools, Money raised and appropriated for, how to be applied, " Sectarian, appropriation of Money for, prohibited.
Search and Seizure, the Eight of every Man to be secure from.
Secretary, Treasurer, Commissary, &c., ....
Secretary of the Commonwealth, how chosen,
" " " qualifications of,
" " " Duties of, ...
8, 21
21
39
39
7
23
23,38
'39
23, 39
INDEX TO THE CONSTITUTION.
63
Page.
Secretary of the Commonwealth may appoint Deputies, &c., . . 23
" " " vacancy in Office of, how filled, 32, 39, 41
Selectmen, Duty of, 12
Self-government, Right of, asserted, 5
Senate, 11
" Members of, number, and how chosen, . . • H, 12, 31, 36, 41 " " qualifications of, ... . 14, 37, 39, 41, 42, 44
** " shall be sworn preliminary to trial of Impeachment, 14
" " exempt from arrest on Mean Process, ... 16
" Quorum of, 14, 42
" vacancies in, how filled, 14, 42
" to be final judge of elections of its own Members, ... 13
" not to adjourn more than two days, 14
" shall choose its own Officers, and establish its own Rules, . 14
" shall try Impeachments, 14
" may punish persons not Members, for disrespect, &c., . . 16
" may try and determine all cases involving its own Rights and
Privileges, 16
Senators, Apportionment of, 11, 36, 41
" Oaths and Affirmations, how taken and subscribed by, . . 28
Senatorial Districts. See Districts. Services, Public, the only title to particular privileges, ... 5
Sheriffs, how appointed, 19
" Jjow elected, 39
Soldier, not to be quartered in any house without consent of owner, . 8
Solicitor-General, how appointed, 19
Standing Armies, without consent of Legislature, prohibited, . . 7
Supreme Being, the Public "Worship of, a Right and Duty, &c., . . 4
«' Judicial Court, Tenure of Office and Salaries of Judges of, 8, 21 Sureties and Bail, excessive, not to be demanded, .... 8
Suspension of Laws, power of, only in Legislature, .... 7
T.
Taxation, should be founded on consent, ....
Taxes, Excises, &c., Legislature may impose.
Tax, State or County, payment of, one of the qualifications
Voter,
Tests, Religious, abolished,
Title, of Governor,
" of Lieutenant-Governor,
Town Meetings, Selectmen to preside at, .
Towns, having less than 300 Ratable Polls, how represented,
" having less than 150 Ratable Polls, how represented,
" may unite in Representative District, Travel, Expenses of, to and from the General Court, how paid, Treason»and Felony, Legislature not to convict of.
of a
11
13,31 32 17 21 12 35 15
35, 36 15
51 INDEX TO THE CONSTITUTION.
Page.
Treasurer and Receiver-General, how chosen, 23, 38
" " qualifications of, ... . 39 '* " eligibility to office of, more than five
years, prohibited, .... 23
" " vacancy in Office of, how filled, . 32, 38
Trial, by Jury, Eight of, secured, 6, 7
u.
University at Cambridge, &c., 25
V.
Vacancies in Council, how filled, 38, 42, 44
" in Militia Offices, how filled, 20
" in Offices of Secretary, Treasurer, Auditor and Attorney- General, how filled, 32, 38
" in Senate, how filled, 14
Valuation of Estates, when taken, 11
Veto, Power of, conferred upon Governor, 9
Vote, no person entitled to, who cannot read and write, ... 39
Voters, Legal, Census of, when taken, 40, 41
" qualifications of, 12, 16, 31, 39, 42, 44
Votes, all Civil Officers to be elected by a plurality of, ... 37
" Returns of, by whom made, examined, &.C., . . 12, l^ 17, 18, 38
w.
"Worship, Public, the Right and Duty of all Men, .... 4
Writs, how made, issued, &c., 29
Y.
Year, Political, when to begin and end, 33
General Statutes an^ ^pcial %ds
MASSACHUSETTS
18 6 3.
1^° The General Court of 1863 assembled in the State House in Boston, on "Wednesday, the seventh day of January, and was pro- rogued on "Wednesday, the twenty-ninth day of April.
The oaths required by the Constitution to be administered to the Governor of the Commonwealth, were taken and subscribed by His Excellency John A. Andrew, on Friday, the ninth day of January.
ACTS,
GENERAL AND SPECIAL.
Chap. \.
An Act making appropriations for the maintenance of the
government during the current year. Be it enacted bij the Senate and Hou^e of Representatives, in General Court assemhled, and hy the authority of the same, as follows:
Section 1. The sums hereinafter mentioned are appro- Appropriations priated, and shall be allowed and paid out of the treasury expendi'tureTau- of the Commonwealth, frohi the ordinary revenue, unless ^^onzea. otlierwise ordered, for the purposes specified, to meet the current expenses for January of the year ending on the thirty-first day of December, eighteen hundred and sixty- three, to wit :
For the salary of the attorney-general, two hundred and Attomey-generai eight dollars and thirty-three cents.
For clerk hire in the office of the attorney-general, eighty- cierk. three dollars, thirty-three cents.
For the salary of the secretary of the Commonwealth, one Secretary. hundred and sixty-six dollars and sixty-six cents.
For the salary of the first clerk in the secretary's office, first cierk. one hundred and twenty-five dollars.
For the salary of the second clerk in the secretary's office, second cierk. one hundred and sixteen dollars and sixty-six cents.
For the salary of the messenger in the secretary's office. Messenger. sixty-six dollars and sixty-six cents.
For continuing the copying of the New Plymouth Records, Plymouth Rec- uinety-one dollars and sixty-six cents.
For such additional clerical assistance as the secretary Additional clerks may find necessary for the performance of the duties of the office, a sum not exceeding eleven hundred and sixty-six dollars and sixty-six cents.
For the salary of the treasurer and receiver-general, one Treasurer, hundred and sixty-six dollars and sixty-six cents.
For the salary of the first clerk in the treasurer's office, First cierk. one hundred and twenty-five dollars.
360
1863.— Chapter 1.
Second clerk. Extra clerks. Auditor. First clerk. Second clerk.
Additional assist- ance.
Fees of witnesses before commit- tees.
Governor's pri- vate secretary.
Messenger.
Assistant mes- senger.
Sergeant-at- arms.
Bank commis- sioners.
Clerk.
Insurance com- missioners.
Secretary board of agriculture.
Clerk.
Adjutant-gene- ral.
First clerk. Second clerk. Additional clerks
a sum not exceeding two hundred and
For the salary of the second clerk in the treasurer's office, one hundred dollars.
For extra clerk hire in the treasurer's office, ninety-one dollars and sixty-six cents.
For the salary of the auditor of accounts, one hundred and sixty-six dollars and sixty-six cents.
For the salary of the first clerk of the auditor of accounts, one hundred and twenty-five dollars.
For the salary of the second clerk of the auditor of accounts, ninety-one dollars and sixty-six cents.
For such additional clerical assistance as the auditor may find necessary seventy-five dollars
For fees of witnesses summoned before committees, in accordance with the provisions of the General Statutes, of the acts of eighteen hundred and sixty, and of the acts of eighteen hundred and sixty-one, a sum not exceeding eight hundred dollars.
For the compensation of tl^ private secretary of the governor, one hundred and sixteen dollars and sixty-six cents.
For the compensation of the messenger of the governor and council, sixty-six dollars and sixty-six cents.
For the compensation of the assistant-messenger to the governor and council, thirty-one dollars.
For the salary of the sergeant-at-arms, one hundred and sixty-six dollars and sixty-six cents.
For the compensation of the bank commissioners, five hundred and fifty dollars.
For the salary of the clerk of the bank commissioners, one hundred and twenty-five dollars.
For the compensation of the board of insurance commis- sioners, two hundred and fifty dollars.
For the salary of the secretary of the board of agriculture, one hundred and sixty-six dollars and sixty-six cents.
For clerk hire in the office of the secretary of the board of agriculture, a sum not exceeding one hundred dollars.
For the salary of the adjutant-general, one hundred and fifty dollars.
For the salary of the first clerk of the adjutant-general, one hundred and twenty-five dollars.
For the salary of the second clerk of the adjutant-general, one hundred dollars.
For additional clerical assistance in the office of the adjutant-general, five hundred dollars.
1863. — Chapter 2. 36 1
For the salary of the secretary of the board of education, sccretRry board one hundred and eighty-three dollars, thirty-three cents; °^'"'"'"'"°"' the same to be paid from the income of the school fund.
For the salary of the assistant-librarian and clerk of the cierk. secretary of the board of education, one hundi-cd and twenty- five dollars ; the same to be paid from the income of the school fund.
For additional assistance in the library, in accordance Aciaitionaiassist- with tiie General Statutes, and of the resolves of eighteen '^'"^«- hundred and sixty-one, a sum not exceeding eight hundred dollars.
Section 2. This act shall take effect upon its passage.
Approved January 30, 1863.
Ax Act making appropriations for the mileage and COMPENSA- (Jhrfi) 2
Tiox OF the lieutenant-governor and council, and officers ^
AND members of THE LEGISLATURE, AT THE PRESENT SESSION THEREOF, AND FOR OTHER PURPOSES.
Be it enacted, Sfc, as follows:
Section 1. The sums hereinafter mentioned, are appro- Appropriations priated, and shall be allowed and paid out of the treasury '^'^^^°'''''■'"^■ of the Commonwealth, from the ordinary revenue, upon the warrants of the governor, for the purposes specified, to meet the expenses for the mileage and compensation of the lieutenant-governor and council ; officers and members of the legislature, at the present session thereof, and for other purposes, to wit :
For the mileage and compensation of the lieutenant- wiioage and governor and council, a sum not exceeding ten thousand ana councir^ "" dollars.
For the mileage of senators, a sum not exceeding four senators, miie- hundrcd dollars. '^°^'
For the compensation of senators, a sum not exceeding compensation. two thousand four hundred and eighty dollars.
For the mileage of representatives, a sum not exceeding Miicape, repre- two thousand three hundred dollars. sedatives.
For tlie compensation of representatives, a sum not compensation. exceeding fourteen thousand eight hundred and eighty dollars.
For the salaries of the clerks of the senate and house of cierks and assis- representatives, including the compensation of such assist- andhouse.*^"*"^^ ants as they may appoint, thirteen hundred and thirty-three dollars thirty-three cents.
For the salaries of the chaplains of the senate and house chaplains. of representatives, four hundred dollars.
For the compensation of the door-keepers, messengers. Door-keepers, and pages of the senate and house of representatives, and '"''^^"eers,
362 1863.— Chapters 3, 4, 5.
watchmen and of sucli watclimeii aiid firemen as may be employed in the firemen. state liousc, a sum not exceeding twelve hundred and
eighty-six dollars and fifty cents. Preacher election For thc Compensation of the preacher of the election sermon. scmion, onc hundred dollars.
Transportation For thc transportation of state paupers, to be expended paupers. ^^ ^j^^ alicu commissioucrs, a sum not exceeding eight Proviso. thousand dollars : provided, that the same shall be expended
only in the transportation of state paupers from the several hospitals and almshouses ; and a detailed report of siich expenditures shall be rendered to the auditor of the Com- monwealth, on the first day of every month.
Section 2. This act shall take eftect upon its passage.
Approved January 30, 1863.
Chap. 3. -^^ -^^"^ EXTENDING THE TIME FOR THE LOCATION AND CONSTRUC- TION OF THE DEDHAM AND WEST ROXBURY RAILROAD.
Be it enacted, Sfc, as follows : Extension of time Thc time allowcd to the Dedham and West Roxbury structk)n I^n'cf ac- Raili'oad Compauy for the location and construction of its of^iioxbur"^^ "'^ railroad, and also for procuring the acceptance of its act of
incorporation by the mayor and aldermen of the city of
Roxbury, is hereby extended two years.
Approved January 30, 1863.
An Act in addition to an act to incorporate the Glasgow
COMPANY.
Be it enacted, §t., as follows: Capital stock, in. SECTION 1. Tlic Glasgow Compauy arc hereby authorized crease author- ^^ increase their capital stock by the issue of five hundred
new shares at the par value of one hundred dollars each. Section 2. This act shall take effect upon its passage.
Approved January 30, 1863. An Act in addition to an act to incorporate the fall river
AND warren railroad COMPANY.
Be it enacted, §'c., as follows : Time for con- SECTION 1. The time witliiu wliicli the Fall River and
Warren Railroad Company shall complete their location is hereby extended to the first day of October, in the year eighteen hundred and sixty-three. Organization and SECTION 2. Thc Organization of said company at a meet- corporatro'n con- lug of thc stocklioldcrs thercof held on the twenty-fifth day of June, in the year eighteen hundred and sixty-two, and the proceedings thereat, shall have the same effect and be in all respects as valid as if said meeting had been held previous to the first day of April, in the year eighteen hundred and sixty-two. Approved February 2, 1863.
Chap. 4.
Chap. 5.
struction ex tended.
firmed.
1863.— Chapters 6, 7, 8. 363
An Act in audition to an act in relation to banks. Chnn C
Be it enacted, ^i'c-, ok follows: ^
Section 1. The provisions of section first, chapter first, s.-ctioni of cimp. of the acts of the year one thousand eight hundred and teLaed. ^'''^^' """ sixty-two, shall continue in force until the first day of February, one thousand eight hundred and sixty-four.
Section 2. This act shall take eifect upon its passage.
Ajyproved February 4, 18G3.
An Act in addition to the acts incorporating the williston QJkiy) 7
seminary. -'
Be it enacted, ^"c, as follows :
Section 1. The Williston Seminary is hereby authorized Reai and person- to hold real and personal estate to the value of fifty thou- aLthor&ed""'^'" sand dollars, in addition to the amount which it is now authorized to hold ; and the income of the same shall be income, appiica- applied to the same purposes as are specified in the act of *'°° '^«^°'^'^- incorporation of said seminary.
Section 2. This act shall take effect upon its passage.
Approved February 4, 1863.
Ax Act to incorporate the central mills company. Chan S
Be it enacted, i^c, as follows :
Section 1. Chester A. Dresser, Samuel Foster, "William corporators. Foster, and Thomas A. Randall, their associates and suc- cessors, are hereby made a corporation by the name of the Title. Central Mills Company, for the purpose of manufacturing purpose, cotton and other fibrous materials, in the town of South- Location. bridge, in the county of Worcester ; and for this purpose privileges, re- shall have all the powers and privileges, and be subject to uabiiiues ^""^ all the duties, restrictibns and liabilities, set forth in the sixtieth and sixty-eighth chapters of the General Statutes, and all acts passed subsequent thereto relating to manufac- turing corporations.
Section 2. The said corporation may hold, for the pur- R«ai estate. poses aforesaid, real estate to the amount of one hundred thousand dollars; and the whole capital stock of said capital stock, corporation shall not exceed three hundred thousand dollars, shares. in shares of one hundred dollars each : provided, however, Proviso, that said corporation shall not go into operation, until the sum of fifty thousand dollars of its capital stock has been aid in, in cash.
Section 3. This act shall take effect upon its passage.
Approved February 5, 1SG3.
364
1863.— Chapters 9, 10.
Chap. 9.
Mystic pond, city authorized to lower waters of.
Proviso.
Governor and council may cause removal of tide-gates.
Repeal.
An Act in amendment of " an act for supplying the city of charlestown with pure water."
Be it enacted, Sfc, as follows :
Section 1. The city of Charlestown is hereby authorized for the purpose of constructing and repairing the works authorized by " An Act for supplying the City of Charles- town with pure Water," approved on the twenty-eighth day of March, in the year eighteen hundred and sixty-one, tem- porarily to lower the waters of Mystic Pond, by erecting temporary tide-gates across Mystic River, at such times and in such manner as may be necessary for said purpose : pro- vided, that such tide-gates shall not be erected at any point on said river below Alewife Brook, nor allowed at any time to continue longer than shall be absolutely required for the construction or repair of said works, and that said city shall be liable for all damages occasioned by its proceedings under this act, to be recovered by the party sustaining the same, in the manner provided in the act above referred to.
Section 2. If at any time the governor and council shall deem such temporary tide-gates across the Mystic River prejudicial to the harbor of Boston, they shall have power to order said tide-gates to be removed within forty-eight hours, and, if not so removed, the governor and council may cause the same to be removed at the expense of said city of Charlestown.
Section 3. Such parts of any existing laws as are incon- sistent herewith, are hereby repealed.
Section 4. This act shall take effect upon its passage.
Approved February 5, 1863.
Chap. 10.
Act incorporat- ing, and addi- tional acts con- tinued in force without limita- tion.
An Act to continue in force an act* incorporating the Berk- shire MUTUAL fire INSURANCE COMPANY.
Be it enacted, ^'c, as follows :
The act of the year one thousand eight hundred and thirty-five, incorporating the Berkshire Mutual Fire Insur- ance Company, with any acts in addition thereto or in amendment thereof, shall be continued and remain in force from and after the sixth day of March, in the year one thousand eight hundred and sixty-three ; with all the powers and privileges, and subject to all the duties, liabili- ties and restrictions, set forth in the general laws which now are or hereafter may be in force relating to such corporations.
Approved February 6, 1863.
1863.— Chapters 11, 1'2. 365
Ax Act to continue in korck an act incorporating tiik krank- (n,fj^ i i
I.IN MUTUAL KIRE INSURANCE COMPANY. 1 '
Be it enacted, iVc, as follows:
Skctiox 1. The act of the year one thousand eight liun- Act inrorporat- dred and twenty-eiglit, incorporating the Franklin Mutual tim;ai'artfl''con- Fire Insurance Company, which was continued in force until ".I'thottumita- the eleventh day of February, one thousand eight hundred twa. and sixty-eight, by an act passed in the year one thousand eight hundred and forty-four, with any acts in addition thereto or in amendment tiiereof, shall be continued and remain in force from and after the eleventh day of February, one thousand eight hundred and sixty-eight.
Section 2. Said company shall have all the powers and privileges, and no other, and be subject to all the duties, liabilities and restrictions, set forth in the general laws which now are or hereafter may be in force relating to such corporations, in the same manner as if the original charter had been granted after the eleventh day of March, in the year one thousand eight hundred and thirty-one.
Approved February 6, 1863.
Ax Act to alter and establish the line between the towns Chcip. 12.
OF PLYMPTOX AND HALIFAX.
Be it enacted, Sfc, as follows :
Section 1. The dividing line between the towns of Boundaries de- Plympton and Halifax is hereby altered, and established as follows : Beginning at an angle in the line of the town of Mid- dleborough, at a stone monument marked M. P. H. ; thence running as the needle now points, north thirty-two degrees west, fifty-three rods, to a stone monument marked P. H., standing in Nathan Fuller's field ; thence north fifty-seven degrees and forty-five minutes east, six hundred and seven- teen rods, to a stone monument marked P. H. standing where once was " Adam's Rock ; " thence same course two hundred and seventy-four rods to a stone monu- ment marked P. H., standing on " Turkey Island," so called ; thence north twenty-four degrees and thirty min- utes east, two hundred and seventy-six rods, to a stone monument marked P, H., standing at the northerly end of a wall ; thence north forty-three degrees and twenty minutes east, three hundred and forty-eight rods, to a stone monu- ment marked P. H., standing on the margin of " Jones' River Pond ; " thence northerly to a stone monument marked P. P. H., standing on " Widgeon Point," so called, at an angle of the line of the town of Pembroke.
Section 2. All the territory lying on the northerly and Territory set o£f
■'•'" „ y J from and au-
westerly side of said line, which has heretoiore constituted nexed to Halifax 'J
366
1863.— Chapter 13.
TectiveT''*""'^^" ^ P^^"^ ^^ *^^® ^'^^^'^ °^ Plymptoii, is hereby set off from the town of Plympton and annexed to the town of Halifax, and all the territory lying on the southerly and easterly side of said line, which has heretofore constituted a part of the town of Halifax, together with the inhabitants living there- on, is hereby set off from the town of Halifax and annexed to the town of Plympton ; and the persons so set off, and who may hereafter become chargeable as paupers, shall receive support from said town of Plympton.
Section 3. This act shall take effect upon its passage.
Approved February 6, 1863.
Chap. 13.
Appropriations authorized.
Normal schools.
Massachusetts teachers' asso- ciation, condi- tionally.
American insti- tute of instruc- tion.
Board of educa- tion and secre- tary, incidental and contingent for normal scU'ls.
Secretary board of education, sal- ary.
Agents, support oi.
An Act making appropriations from the moiety of the income
OP THE school fund APPLICABLE TO EDUCATIONAL PURPOSES,
Be it enacted, Sfc, as follows :
Section 1. The sums hereinafter mentioned in this sec- tion, are appropriated and shall be allowed and paid, out of the moiety of the income of the school fund applicable to educational purposes, for the year one thousand eight hundred and sixty-three :
For tlie support of the four state normal schools, for the current year, under the direction of the board of education, the sum of sixteen thousand dollars.
For the Massachusetts teachers' association, the sum of six hundred dollars, on condition that said association shall furnish a copy of the Massachusetts Teacher to each school committee in the several cities and towns of the Common- wealth, during the year eighteen hundred and sixty-three, and furnish satisfactory evidence thereof to the auditor of the Commonwealth.
For the American institute of instruction, the sum of three hundred dollars, to be paid to the president or treasurer of said institute, in the month of August next.
For postage, printing, advertising, stationery, meteorolog- ical observations, and all other incidental expenses of the board of education, or of the secretary thereof, and also for any contingent expenses of the normal schools, not other- wise herein provided for, a sum not exceeding sixty-nine hundred dollars.
For the salary of the secretary of the board of education, twenty hundred and sixteen dollars and sixty-seven cents.
For the support of one or more agents of the board of education, in accordance with chapter thirty-four, section nine, of the General Statutes, a sum not exceeding twenty- two hundred dollars.
18()3.— Chapter U. 3G7
For teachers' institutes, in accordance with chapter thirty- Teachers' insti- five, section two, of tl»e General Statutes, tlie sum of twenty-eight hundred doHars.
For the support of state scholarships, in accordance with state scholar- chapter tliirty-seven of the General Statutes, tlie sum of*'"''^' forty-eiglit hundred dollars.
For aid to pupils in the state normal schools, in accordance Aid of pupiis in with the resolves of the year eighteen hundred and fifty. °°™'^>«'^'"""«- three, chapter sixty-two, a sum not exceeding four thousand dollars.
For the salary of the assistant-librarian and clerk of the cierk secretary secretary of the board of education, thirteen hundred and uoufsahiry"''^" seventy-five dollars.
For the expenses of the members of the board of education, lioara of educa- in accordance with the provisions of chapter thirty-four, members!"^'^^ °^ section ten, of the General Statutes, a sum not exceeding two hundred dollars.
For the support of certain Indian schools, in accordance ludian schools, with the provisions of chapter thirty-six, section five, of the ^"ppo'^^'f- General Statutes, the sum of four hundred and five dollars.
For county associations of teachers, in accordance with Teachers' county chapter thirty-five, section four, of the General Statutes, a '^^^o'^'^t'o"^- sum not exceeding six hundred dollars.
For painting and repairing the normal school building at Normal school Framingham, and providing furnaces therefor, a sum not parrT/eu;.'^™' "^^ exceeding ten hundred dollars.
For painting and repairing the normal school building at schooi at saiem, Salem, and providing furnaces therefor, a sum not exceeding '^'^p^"'^' «'''• ten hundred dollars.
Section 2. This act shall take effect upon its passage.
Approved Fehruary 7, 1863.
Chap. U.
Ax Act extending the time for the location and construc- tion OF the mystic river railroad, and authorizing the same to connect with certain other railroads.
Be it enacted, ^'c, as follows:
Section 1. The time for locating and constructing the Extension of time
two years.
Mystic River Railroad is hereby extended two years beyond the time now allowed by law.
Section 2. The said Mystic River Railroad is hereby May connect with
. . 1 • 1 • /> ni 1 Eastern, Boston
authorized to connect its tracks, in the city oi Cliarlestown and Loweii, East or in the town of Somerville, with the several tracks of the oranT jTtfctio"n Eastern Railroad Company, of the Boston and Lowell Rail- co^'pa^'^s- road Corporation, of the East Boston Freight Railroad Com- pany, and of the Grand Junction Railroad and Depot Com- pany, respectively, and to enter upon and use the same :
368
1863.— Chapter lo.
Proviso.
Corporatiops named author- ized to connect.
Construction of act defined.
Chap. 15.
May unite with end adopt cor- porate name of Cambridge Rail- road Company.
Provisos.
Consolidated cor- poration to have powers of respec- tive companies.
provided^ however^ that such connection with, entry upon, and use of the tracks of either of said corporations, shall not be made without the consent of such corporation first obtained ; or, in the case of the last named of said corpora- tions, without the like consent of the trustees thereof. And said Eastern Railroad Company, Boston and Lowell Kail- road Corporation, East Boston Freight Railroad Company, and Grand Junction Railroad and Depot Company, or the trustees of the last named corporation, are hereby severally authorized, in like manner and on like terms and conditions, to connect with, enter upon and use the tracks of the said Mystic River Railroad.
Section 3. Nothing contained in this act, shall be con- strued as granting any additional power to the said Mystic River Railroad, to cross the track of any other railroad corporation, at grade, without the consent of said other corporation.
Approved February 7, 1863.
An Act concerxing the newton railroad company.
Be it enacted, Sj'c, as follotvs :
Section 1. The Newton Railroad Company is hereby authorized to unite and consolidate itself with the Cam- bridge Railroad Company, at such time and on such terms as may be mutually agreed by said corporations ; and when thus united, said corporations shall constitute one corpora- tion under the name of the Cambridge Railroad Company : provided, hoicever, that such union shall be made within two years after the passage of this act ; and provided, further^ that the terms of such union shall be approved by a majority in interest of the stockholders of each of said corporations, respectively, who shall be present at meetings called for that purpose, at which a quorum shall be represented, and which shall be notified by publication in two daily papers published in the city of Boston, and approved by the secretary of the Commonwealth, two weeks successively, twelve times in each paper.
Section 2. The corporation formed as aforesaid shall have, hold, possess and enjoy all the powers, privileges, rights, franchises, property and estates, which at the time of such union are held and enjoyed by each of the corporations so united, and shall be subject to all the duties, restrictions, obligations and liabilities to which they are severally sub- ject: provided, that nothing in this act shall impair the .rights of any creditor of either of said corporations.
Section 3. This act shall take effect upon its passage.
Approved February 13, 1863.
1863.— Chapters 1G, 17, 18, 19. 861)
Ax Act to confirm certain acts done by william iiocns, Chap. 16. JUNIOR, as a notary rUlJMC.
Be it enacted, !\\\, a:< follows :
Section 1. All acts done by William Hobbs, junior, of ^,';,';;jj;^^'|;'^^ Roxbury, in the county of Norfolk, as a notary public, within viUia. and for the county of Suffolk, between the fifteenth day of May and the twenty-second day of November, in the year eighteen hundred and sixty-two, are hereby made valid and confirmed to the same extent as though he had been during that interval duly qualified to discharge the duties of said office.
Section 2. This act shall take effect upon its passage.
Approved February 13, 1863.
An Act TO establish the salary of the second clerk in the nhnri 17 office of the adjutant-general. ' ■
Be it enacted, S^'c, as follotos :
Section 1. The salary of the second clerk in the office of Estawished at
*7til 200
the adjutant-general, shall be twelve hundred dollars per ' annum, to be computed from and after the first day of Jan- uary, in the year eighteen hundred and sixty-three. Section 2. This act shall take effect upon its passage.
Approved February 13, 1863.
Ax Act to amend and continue in force an act incorporating (J^dj) ^g
the relief steam-boat company. •* '
Be it enacted, ^c, as f allows. •
The act of the year one thousand eiglit hundred and forty- Restriction re- four, entitled " An Act to incorporate the Relief Steam-boat contiMued with- Company," is hereby amended by taking therefrom tlie words, Zle!'"'"'^'"' "^ " within the waters of New England ;" and said act so amended, shall be continued and remain in force, from and after the eleventh day of February, in the year one thousand eight hundred and sixty-four, with all the powers and privi- Priviipges and leges, and subject to all the duties, liabilities and restrictions '^^*'™''°"^- contained in the general laws, which now are or hereafter may be in force relating to such corporation.
Approved February IB, 1863.
An Act in addition to an act to incorporate the Worcester horse railroad company.
Chap. 19.
Be it enacted, §'c., as follows:
The provisions of chapter one hundred and forty-eight of Extension of time
1 /., ^, 1.11 iii'i *"'0 years.
the acts oi the year one thousand eight hundred and sixty- one, entitled "An Act to incorporate the Worcester Horse Railroad Company," are hereby extended for the term of two years from the passage of this act.
Approved February 13, 1863.
370
1863.— Chapters 20, 21,. 22.
Chap. 20.
Annual fair to be holden iu Sep- tember.
An Act in relation to the Worcester south-east agricultural
SOCIETY.
Be it enacted, ^'c, as follows :
The Worcester Soutli-East Agricultural Society shall hereafter commence its annual fair on the last Tuesday in September. Approved February 14, 1863.
Chap.
Corporators.
Title. Purpose
Real and personal estate.
ProTiso.
2]^, An Act to incorporate the trustees of the permanent peace
FUND.
Be it enaded, ^'c, asfolloios:
Section 1. Joseph W. Converse, J. W. Parker, William C. Brown, Lewis T. Stoddard, George C. Beckwith, and their successors, are hereby made a corporation by the name of the Trustees of the Permanent Peace Fund, a fund devoted to the support and prosecution of the cause of international pnwers and lia- pcacc, and shall have all the powers and privileges, and be biiities. subject to all the duties, liabilities and restrictions, set forth
in the sixty-eighth chapter of the General Statutes, so far as the same may be applicable.
Section 2. Said corporation may take and hold real and personal estate to an amount not exceeding fifty thousand dollars ; but nothing in this act shall be so construed as to exempt any part of said estate from taxation.
Approved February 16, 1863.
Chap. 22. An Act making appropriations to meet certain expenditures authorized in the year eighteen hundred and sixty-two,
AND previous YEARS.
Be it enacted, ^-c, as follows :
Section 1. The sums hereinafter mentioned are appro- priated, and shall be allowed and paid out of the treasury of the Commonwealth, from the ordinary revenue, except in cases otherwise ordered, for the purposes specified herein, to wit :
For printing the General Acts and Resolves of the year eighteen hundred and sixty-two, the sum of fifteen hundred and seventeen dollars.
For printing blanks and circulars for the senate for. the year eighteen hundred and sixty-two, the sum of one hundred and twenty-six dollars and thirty-five cents.
For expenses incurred in placing the Washington tablets in Doric Hall, the sum of twenty-two dollars and sixty-two cents.
For printing for the secretary's department for the year eighteen hundred and sixty-one, the sum of six hundred and three dollars and seventy-five cents ; and for the year ,
Appropriiition authorized.
Printing general
Printing for sen ate in 1862.
Wa.'hington tab- lets, for placing.
Secretary's de- partment, print- iML' in 18G1 and 18G2.
1863.— Chapter 22. 371
eighteen hundred and sixty-two, the sum of sixty-five dollars and twenty-eight cents.
For incidental expenses of the treasurer's department for Treasurer's de- the year eighteen hundred and sixty-two, the sum of two [ieutais^n'isoij' hundred and fifty-nine dollars and thirty-four cents.
For expenses incurred in the su])port of the Trov Indians, 'rioyin,iia„s ,x-
- 1 .1 1 Til",, ji" ^ peuselor 111 I8'j2.
for the year eighteen hundred and sixty-two, the sum oi eighty-eight dollars and thirty-three cents.
For the support of patients from Massachusetts in the Deaf and dumb asylum for the deaf and dumb at flartford, for the year port of in'^1862.'^" eighteen hundred and sixty-two, the sum of one hundred and seventeen dollars and ninety-two cents.
For incidental expenses of the board of agriculture for Board of agricui- the year eighteen hundred and sixty-two, the sum of sixteen iQis62. dollars.
For engraving and printing state scrip in accordance with state scrip, en- chapter one hundred and six of the resolves of the year pHnting.*"'^ eighteen hundred and sixty-one, the sum of four hundred and twenty-nine dollars and fifty cents.
For printing blanks for returns from cities and towns of Bi-inks for re-
, ^ 'i 1 if-T /» 1 /-xi turns by towns
aid rendered to the lamuies oi volunteers, lor the year of aid to fami- eighteen hundred and sixty-two, the sum of tvro hundred iews"^ '^°^""' and eighty-three dollars and seventy-six cents.
For expenses incurred in the establishment of the boundary narwieh. chat-
,. ' , PTT -iz-iii i/-\i ham and Orleani?,
lines between tiie towns oi Harwich, Chatham and Urleans, expense of estab- in accordance with chapter ninety of the resolves of the ries"°^ year eighteen hundred and sixty-one, the sum of fifty-seven dollars.
For compensation and expenses of the commissioners on commissioners
i . '■ ^ •11 • • f."u harbors and
harbors and Hats, m accordance with the provisions oi tiats, compen- chapter eighty-eight of the resolves of the year eighteen pense".^" hundred and sixty-two, the sum of four hundred and eighty- six dollars and forty-seven cents.
For compensation and expenses of the commissioners on commissioners
iiriTi 1 •!• J 0° Concord and
the Concord and budbury meadows, appointed m accordance sudbury mead- with the provisions of chapter two hundred and eleven of ?ion, etc°™^^"'°'' the acts of the year eighteen hundred and sixty, the sum of two hundred and forty-nine dollars and sixty-five cents.
For office fixtures of the inspector of gasmeters, in luspector gas-
• 1 1 • • PI 1 1 J J meters, office
accordance with the provisions ot chapter one hundred and fixtures. sixty-eight of the acts of the year eighteen hundred and sixty-one, the sum of nine hundred and sixty dollars.
For sheriffs' accounts for the years eighteen hundred and ^^*^\^^' ^''' sixty and eighteen hundred and sixty-one, the sum of iiiiicty-nine dollars and twenty-one cents.
1863.— Chapter 22.
Conrict state pan pel's, trans- portatiou of.
State paupers, burial of.
Fuel and light • for state house in 1S62.
Postage, print- ing and station- ei'y, sergeant- at-arms 1862.
Insurance com- missioner.', ex- penses 1862.
Pleuro - pneumo- nia, expenses re- lating to in 1880 and 1862.
Rainsford Island ho-'ipital. expen- ses in 1862.
Cattle commis- sioners, expenses.
Assessors' re- turns, blanks for.
Printing, gov- ernor and coun- cil, in 1861.
Geological sur- veys, expenses.
Legislature, con- tingent expenses in 1862.
Nautical br.anch reform school, ex- penses in 1862.
For the transportation of convict state paupers for the year eighteen hundred and sixty-two, the sum of eight dollars and seventy cents.
For the burial of state paupers for the year eighteen hundred and sixty-one, the sum of one hundred and eighty- one dollars.
For fuel and light for the state house for the year eighteen hundred and sixty-two, the sum of four hundred and eighty- seven dollars and eighty-three cents.
For postage, printing and stationery, ordered by the sergeant-at-arms for the year eighteen hundred and sixty-two, the sum of seventy-one dollars and forty-five cents.
For expenses of the insurance commissioners for the year eighteen hundred and sixty-two, the sum of eleven dollars and thirty cents.
For expenses incurred under the acts of the years eighteen hundred and sixty, and eighteen hundred and sixty-two, relating to pleuro-pneumonia, viz. : for the year eighteen hundred and sixty, the sum of seven hundred and thirty-two dollars and ten cents ; and for the year eighteen hundred and sixty-two, the sum of eighty-three dollars and eighty-five cents.
For the current expenses of Rainsford Island hospital, for the year eighteen hundred and sixty-two, the sum of eight hundred and thirty-four dollars and eighty-one cents.
In the resolve chapter ninety-seven of the resolves of eighteen hundred and sixty-two, for the payment of expenses of the cattle commissioners, a sum not exceeding seven hundred dollars.
For printing blanks for assessors' returns for the year eighteen hundred and sixty-two, the sum of nineteen dollars and twenty-one cents.
For printing done for the governor and council, for the year eighteen hundred and sixty-one, the sum of thirteen dollars and eighty-five cents.
For expenses incurred in geological surveys of the state, under authority of chapter twenty-eight of the resolves of the year eighteen hundred and fifty-two, the sum of seven- teen dollars and eighty-eight cents.
For contingent expenses of the legislature for the year eighteen hundred and sixty-two, the sum of one hundred dollars.
For expenses of the nautical branch of the state reform school, being deficiency in the year eighteen hundred and sixty-two, the sum of thirteen hundred and sixty dollars and twenty cents.
Chapters 23, 24, 25. 373
For the support and relief of lunatic state paupers, in J'ft'jp*'" 'n luna- state hospitals, being deficiency for the year eighteen hundred port of in'isoa/' and sixty-two, a sum not exceeding fifteen hundred dollars. For compensation to towns for support of state paupers. Town?,' for sup- under chapter seventy-one, sections forty-three and forty- per,s,°in^i86i^and four, of the General Statutes, for the year eighteen hundred previously. and sixty-one and previous years, the sum of two hundred dollars. For expenses incurred in the burial of state butm of state paupers for the year eigh.teen hundred and sixty-one, and au^previousi*/.^^ previous years, the sum of five hundred dollars.
Section 2. This act shall take effect upon its passage.
Approved February 17, 1863. Ax Act to extend the time for locating and constructing Chap. 23.
THE NORTH ATTLEBOROUGH BRANCH RAILROAD. ■^*
Be it enacted, Sfc.y as follows :
The time for locating and constructing the North Attle- Extension of two borough Branch Railroad is hereby extended two years beyond the time now allowed by law.
Approved February 17, 18G3.
years.
Chaj). 24.
An Act to authorize the springfield institution for savings
to hold real estate. Be it enacted, S;'c., as follows:
Section 1. The Springfield Institution for Savings is May hoia fifty hereby authorized to hold real estate to the amount of fifty ^^^^^^"^^ ^°^' thousand dollars : provided^ that no part of said amount Provioo. shall be invested in real estate, except in the purchase of a suitable site, and the erection or preparation of a suitable building, to be used for banking purposes ; and all income, if any, arising from such real estate, shall be devoted exclusively to the interests of said corporation.
Section 2. This act shall take effect upon its passage.
Approved February 17, 1863.
Chap. 25.
An Act providing for notice in case of sale of trust property
when persons not in being may have an interest therein. Be it enacted, Sfc, as follows:
When any proceedings have been or shall hereafter be parents shaii be commenced under either the fourteenth or sixteenth sections, ""cMon^ of court' chapter one hundred, of the General Statutes, for obtaining an order or decree directing the sale of any trust estate, if it shall appear to the court that said estate or any remainder or interest therein may be held in trust for or be devised or limited over to, persons not in being, notice of such proceed- ings shall be given to persons who may be parents of such persons in such manner as the court shall order. The court 10
374
1863.— Chapters 26, 27.
Court shall ap- point representa- tive to appear, and may deter- mine compensa- tion for seryice.
Proceedings to be conclusive.
Chap. 26
Corporators.
Purpose.
Privileges and re- strictions.
Chap. 27.
Corporators.
Title. Purpose.
Powers and du- ties.
in such case shall appoint a suitable and competent person to appear and act as the next friend of such persons in such proceedings, the cost of whose appearance and services, including compensation of council, to be determined bj the court, shall be paid as the court may order, either out of the trust estate or by the persons commencing said proceedings, in which latter case execution may issue therefor in the name of the person appointed. Any order or decree made in any such proceedings and any sale or transfer of property thereunder, shall be conclusive upon all persons for whom such property or any remainder or interest therein is held in trust or to whom the same is devised or limited over, in the sanie manner as if they had been in being and appeared and answered in the case or assented to the order or decree.
Approved February 18, 1863.
An Act to incorporate the protective war claiji association. Be it enacted, ^'c, as follows :
Section 1. George Tyler Bigelow, Amos A. Lawrence, Ebenezer R. Hoar, Joseph Coolidge, Frederick W. Lincoln, junior, Richard Frothingham, George S. Hillard, Patrick Donahoe, Charles E. Norton, Edward Atkinson, U. Tracy Howe, and their associates and successors, are hereby made a corporation by the name of The Protective War Claim Association, for the purpose of assisting men belonging to the army and navy, and their families, in obtaining the allowance of claims upon the government of the United States for pensions, pay or bounties.
Section 2. Said corporation may, for the purposes afore- said, hold personal estate, not exceeding in value ten thou- sand dollars, and shall have all the privileges, and be sub- ject to all the duties, liabilities and restrictions, set forth in the sixty-eighth chapter of the General Statutes.
Section 8. This act shall take effect upon its passage.
Approved February 19, 1863.
An Act to incorporate the hyde park woollen company. Be it enacted, Sfc, as follows:
Section 1. Josiah Bardwell, Charles H. Allen, and George F. Peirce, their associates and successors, are herel)y made a corporation by the name of the Hyde Park Woollen Company, for the purpose of manufacturing woollen goods in Dorchester, in the county of Norfolk ; and for this purpose shall have all the powers and privileges, and be subject to all the duties, restrictions and liabilities, set forth in the sixtieth and sixty-eighth chapters of the General Statutes,
1803.— Chapter 28. 375
and all acts passed subsequently thereto relative to manu- facturing coi'porations.
Section 2. The said corporation niaj' hold for the pur- May hoid real poses aforesaid, real estate to the amount of sixty thousand *^"*' dollars ; and the whole capital stock of said corporation shall not exceed one hundred thousand dollars, in shares of one hundred dollars each : provided, hoivever, that said cor- Proviso. poration shall not go into operation until the sum of fifty thousand dollars of its capital stock has been paid in, in cash.
Section 3. This act shall take effect upon its passage.
Approved February 19, 1863.
Chap. 28.
Ax Act making appropriations from the income of the seve- ral FUNDS THEREIN MENTIONED, AND FOR OTHER PURPOSES. Be it enacted, S)-c., as follows:
Section 1. The sums hereinafter mentioned, are appro- Appropriations priated, and shall be allowed and paid out of the income of ^"^ °'^"'' " the several funds mentioned herein, to wit :
The income of the Rogers book fund shall be expended Rogers book fund in accordance with tlie conditions named by the donor, in '"'^°°'''- conformity with chapter two hundred and fifteen of the acts of the year eighteen hundred and fifty-seven.
The income of the Todd normal school fund shall be paid Todd normal to the treasurer of the board of education, to be applied in ^"^ °° sucli manner as shall be prescribed by said board, in accord- ance with chapter thirty-six of the General Statutes.
The income of the Indians school fund shall be applied Indian school according to the provisions of chapter thirty-six of the General Statutes.
Section 2. The sums mentioned in this section are charies river and appropriated, and shall be allowed and paid out of the ZlT"" ^"**^'' Cliarles River and Warren Bridges fund, for the year eighteen hundred and sixty-three, to wit:
For repairs on said bridges and buildings belonging r.epairs on thereto, a sum not exceeding nineteen hundred dollars. bridges, etc
For the compensation of the draw-tenders on said bridges. Draw-tenders, in conformity with an act of the year eighteen hundred and •=°™p®''** ""*• sixty-one, chapter ninety-six, a sum not exceeding twenty- three hundred dollars.
For horse-keeping, a sum not exceeding three hundred Horse-keeping. dollars.
For gas, oil, fluid and fuel, a sum not exceeding eight Lights, etc. hundred and fifty dollars.
For incidental expenses, a sum not exceeding three incidental. hundred and fifty dollars.
376
1863.— Chapter 29.
Essex bridge tolls, appropri- ation of.
Agent's salary.
Toll-gatherers and tenders.
Repairs, etc.
Lights.
Incidental.
ToU-money, how- disposed.
Income of funds to be added to principal.
Section 3. The sums mentioned in this section are appropriated, and shall be allowed and paid out of the moneys arising from the tolls collected on the Essex bridge, for the year eighteen hundred and sixty-three, to wit :
For the salary of the agent of said bridge, the sum of one hundred dollars.
For the compensation of the toll-gatherers and draw- tenders upon said bridge, a sum not exceeding six hundred dollars.
For the repair and maintenance of said bridge, a sum not exceeding two thousand dollars.
For gas, oil and fluid, a sum not exceeding two hundred dollars.
For incidental expenses, a sum not exceeding twenty-five dollars.
And all moneys arising from the tolls on said bridge shall be paid into the state treasury.
Section 4. In all cases for which no other provision is made by law, the income or any surplus thereof, of all funds belonging to, or in custody of the Commonwealth, shall be added to the principal.
Section 5. This act shall take effect upon its passage.
Approved February 19, 1863.
Chap.
Title,
and restrictions.
OQ An Act to incorporate the dighton and somerset railroad
COMPANY.
Be it enacted, §'c., as follows : Corporators. SECTION 1. William Cobb, of Dighton, Job M. Leonard, of
Somerset, Albert Field, Samuel L. Crocker and Sylvanus N. Staples, of Taunton, all of the county of Bristol, their asso- priviieges ciatcs and successors, are hereby made a corporation by the name of the Dighton and Somerset Railroad Company, with all the privileges, and subject to all the restrictions, duties and liabilities, (except as hereinafter provided,) set forth in the sixty-third and sixty-eighth chapters of the General Statutes of this Commonwealth.
Section 2. The said company may locate, construct and operate a railroad, commencing at some point on the Taun- ton Branch Railroad, or upon the New Bedford and Taunton Railroad, at or near the passenger station of said roads, in Taunton, thence in a southerly direction and upon the westerly side of Taunton River, through said towns of Taunton and Dighton, and to a point in the town of Somer- set, upon the line of the Fall River and Warren Railroad, or to a line below Wilber's Fond in said Somerset, upon the
Location and con- struction, line of, defined.
1863.— CHArTER 29. < 377
cliannel of said river, where there is sufTicient water at low
tide tor vessels ; said line to be deterniiiicd by three coinmis- commiwioners to
sioners to be appointed by the supreme judicial court: said "'"■"""'''"•'■
coniniissioners shall select a line which shall accommodate
said company, and not be prejudicial to the harbor of Fall
River ; tlie award of said commissioners, or a major part of Awani, when ap-
them, rixin<r said line, when approved by the governor and cn'or'^amf ooun".
council, shall l)e tinal. Said company may construct to said "' »" '>« fi"ai-
,. , , r i-l • 1 i- Comp'y maycon-
line, sucli wliarves as are necessary tor tlieir accommodation, struct wharves the number and location of said wharves to be determined ""''"' ''pp"^°^'''- by said commissioners and approved by the governor and council; and said award, and the number and location of Award, and loca- said wharves, when approved as aforesaid, shall be filed by to be eied'^with said company, with their location, with the county commis- misl'ioLre.' *'°™" sioners of Bristol county. Said commissioners shall be paid compensation of
, ., ,. f, '' . • T T 1,1 11 line commission-
by said company tor fixing said line, and tlie number and ers.
location of said wharves.
Section 3. Said company may cross with their road afore- Location of cross-
said, at grade, the streets in Taunton, between the said 3Drghton°'°°
passenger station and Bow Street, so called, and the two
streets in Dighton, near Zebulon Landing, so called, and
near the proposed passenger station of said company, at the
villaoe near said landins-. Said company may also cross wjiy cross Three
•11- Tmi -mrV-rk- ii i-ix Mile and Taunton
With their road, Ihree Mile Kiver, and such coves and inlets rivers. of Taunton River as may be necessary.
Section 4. Said company may unite with the Fall River Mayunitewith and Warren, Taunton Branch, and New Bedford and Taun- of rorporations ton Railroads, and use the tracks of such of said roads as it ^''"'^'^^ unites with, upon the terms, and subject to the provisions of the statutes of this Commonwealth, relating to railroads and railroad corporations.
Section 5. The capital stock of said company shall be capital limita-
_ , ' 111 *"^° ^•^'1 divis-
nxed by said company at an amount not less tlian tliree ion of. Inindred thousand dollars, nor more than four hundred thousand dollars, and shall be divided into shares of one hundred dollars each. Said company may purchase and May hoid estate. hold such real and personal estate as may be necessary for the purposes for which it is incorporated.
Section 6. This act shall be void unless the said railroad Act void unless, is located within two years, and constructed within three years, from the passage hereof.
Section 7. This act shall take effect upon its passage.
Approved February 21, 1863.
378
1863.— Chapters 30*, 31.
Chap. 30.
May extend two hundred feet.
Proviso.
An Act to authorize george h. Rogers to build wharves in gloucester.
Be it enacted, ^'c, as follows :
Section 1. George H. Rogers, of Boston, is hereby authorized to build wharves in front of his land at the head of the harbor in the town of Gloucester, extending the same not more than two hundred feet from high-water mark : provided^ that this grant shall not affect the legal rights of any person.
Section 2. This act shall take effect upon its passage.
Approved February 21, 1863.
Chap. 31.
Appropriations authorized.
Senators, com- pensation.
Representatives, compensation.
Door-keepers, messengers, pages, watch- men and fire- men.
Clerks of senate and house, sala- ries.
Trustees indus- trial school for girls.
Printing and binding for sen- ate and house.
An Act in addition to an act making appropriations for the mileage and compensation of the lieutenant-governor and council, and officers and members of the legislature, at the present session thereof, and for other purposes.
Be it enacted, ^c, as follows :
Section 1. The sums hereinafter mentioned are appro- priated, and shall be allowed and paid out of the treasury of this Commonwealth, from the ordinary revenue, upon the warrants of the governor, for the purposes specified, to meet the expenses for the compensation of the officers and members of the legislature at the present session thereof, and for other purposes, to wit :
For the compensation of senators, a sum not exceeding nine thousand eight hundred and twenty dollars.
For the compensation of representatives, a sum not exceeding fifty-seven thousand four hundred and twenty dollars.
For the compensation of the door-keepers, messengers and pages of the senate and house of representatives, and of such watchmen and firemen as may be employed in the state house, a sum not exceeding seventy-six hundred and fourteen dollars.
For the salaries of the clerks of the senate and house of representatives, including the compensation of such assistants as they may appoint, a sum not exceeding two thousand six hundred and sixty-six dollars and sixty-seven cents.
Under the resolve chapter fifty-eight, of the resolves of eighteen hundred and fifty-nine, the sum of two hundred dollars, to be expended by the trustees of the state industrial school for girls.
For printing and binding, ordered by the senate or house of representatives, or by the concurrent order of the two branches, a sum not exceeding twelve thousand dollars.
1863.— Chapters 32, 33, 34. 379
For printing blanks and circulars, and the calendar of Biank«, circulars orders of the day, for the nsc of the senate, a sum not senate, exceeding; six hundred dollars.
For printing blanks and circulars, and the calendar of samo, house or orders of the day, for the use of the house of representa- '''^'"■''"'° tives, a sum not exceeding eight hundred dollars.
For contingent fund of the governor and council, for Miiiury contin- military purposes, a sum not exceeding ten thousand dollars, aud coimci!™°'^
Section 2. Tiiis act shall take effect upon its passage.
Approved February 21, 1863. Ax Act to extend the time avithin which to locate and Chan. 32.
CONSTRUCT THE NEW YORK AND BOSTON RAILROAD. "' ^'
Be it enacted, ^r., as follows :
The time for locating and constructing the New York and Extension two Boston Railroad, is hereby extended two years beyond the time now allowed by law. Approved February 21, 1863.
An Act concerning the superior court. Chap. 33.
Be it enacted, Sj^c, as follotvs :
Section 1. Whenever any criminal case shall be on trial J^^nuedTo de- at the end of any term, as now established by law, of the Ermine pending superior court in this Commonwealth, such term may be continued until such case is finished, and tlie jurors setting in such case may be required by the presiding justice to serve until the same is concluded.
Section 2. All acts and parts of acts inconsistent with statutes incon-
, . , , ^ sistent repealed.
this act are hereby repealed.
Section 3. This act shall take effect upon its passage.
Approved February 27, 1863. An Act in addition to an act making appropriations for Chat). 34.
THE maintenance OF THE GOVERNMENT DURING THE CURRENT ^ '
YEAR.
Be it enacted, ^'c, as follows :
Section 1. The sums hereinafter mentioned are appro- Appropriations priated, and shall be allowed and paid out of the treasury *""^°"^'*'^- of the Commonwealth, from the ordinary revenue, unless otherwise ordered, for the purposes specified, to meet the current expenses of the year ending on the thirty-first day of December, eighteen hundred and sixty-three, to wit:
For stationery for the senate, purchased l^y the clerk of stationery, sen- the senate, a sum not exceeding one thousand dollars.
For stationery for the house of representatives, purchased House, by tiie clerk of the house of representatives, a sura not exceeding eighteen hundred dollars.
380
1863.— Chapter 34.
GoTernor's secre- tary.
Messenger.
Assistant-mes- senger.
Attorney-general
Clerk hire.
Books for office. Court expenses. Incidentals.
Secretary of Com- monwealth.
First clerk.
Second clerk.
Additional cleri- cal assistance.
Plymouth rec- ords, copying.
Messenger.
Publication bank returns.
Incidental, secre- tary's depart- ment.
Treasurer and re- ceiver-general.
First clerk. Second clerk.
For compensation of the private secretary of the governor, twelve hundred and eighty-three dollars thirty-four cents.
For compensation of the messenger to the governor and council, nine hundred and thirty-three dollars thirty-four cents.
For compensation of the assistant-messenger to the gov- ernor and council, three hundred and thirty -four dollars.
For the salary of the attorney-general, twenty-two hun- dred and ninety-one dollars sixty-seven cents.
For clerk hire in the office of the attorney-general, a sum not exceeding nine hundred and sixteen dollars sixty-seven cents.
For the purchase of books for the library in the office of the attorney-general, three hundred dollars.
For fees, costs, and court expenses of the attorney-general, two hundred dollars.
For incidental expenses in the office of the attorney- general, a sum not exceeding two hundred dollars.
For the salary of the secretary of the Commonwealth, eighteen hundred and thirty-three dollars and thirty-four cents.
For the salary of the first clerk in the secretary's office, thirteen hundred and seventy-five dollars.
For the salary of the second clerk in the secretary's office, twelve hundred and eighty-three dollars thirty-four cents.
For such additional clerical assistance as the secretary may find necessary for the performance of the duties of the office, a sum not exceeding twelve thousand eight hundred thirty-three dollars and thirty-four cents.
For continuing the copying of the New Plymouth records, a sum not exceeding one thousand and eight dollars and thirty-four cents.
For the salary of the messenger in the secretary's office, seven hundred and thirty-three dollars thirty-four cents.
For the payment for the weekly and monthly publication of bank returns, in accordance with the General Statutes, a sum not exceeding five hundred dollars.
For incidental expenses of the secretary's office, a sum not exceeding thirty-two hundred dollars.
For the salary of the treasurer and receiver-general, eighteen hundred and thirty-three dollars thirty-four cents.
For the salary of tlie first clerk in the treasurer's office, thirteen hundred and seventy -five dollars.
For the salary of the second clerk in the treasurer's office, eleven hundred dollars.
18()3.— Chapter 34. 3S1
For extra clerical assistance in the treasurer's office, a Aaainonai assist- siuu not exceeding three tliousand six hundred and eight dollars thirty-four cents.
For incidental expenses of the treasurer's office, a sum ure[^*"'dt')urt-^" not exceeding twelve hundred dollars. •»«"'•
For the salary oi" the auditor of accounts, eighteen hun- Auditor of ac- dred and thirty-three dollars thirty-four cents.
For the salary of the first clerk of the auditor of accounts, First cierk. thirteen hundred and seventy-five dollars.
For the salary of the second clerk of the auditor of Second cierk. accounts, one thousand and eight dollars thirty-four cents.
For incidental expenses of the auditor's office, a sum not inoidentai, audi- exceeding three hundred and fifty dollars.
For such additional clerical assistance as the auditor may Additional assist- find necessary, a sum not exceeding three thousand three hundred dollars.
For compensation of the commissioners on public lands commissioners
1111- i J- ii ii 1 1 11 on public lands.
and clerk hire, a sum not exceeding tliree thousand dollars ;
for contino-ent and incidental expenses of said commissioners, in"cientai es-
'^ ,. ^, Till • -\ ji penses to be paid
a sum not exceeding one tliousand dollars : said sums to be from moiety of paid from the moiety of the proceeds of sales, which, by the ^^'*^' resolves of the year eighteen hundred and fifty-seven, chap- ter seventy, is applicable to improvements. And the residue Residiie of moie- of said moiety is hereby appropriated to be applied and used ^' "'^ ^^^'^ ' in accordance with the provisions of section three of chapter two hundred of the acts of eighteen hundred and sixty.
For printing and binding the annual railroad reports, Railroad reports, thirteen hundred dollars. printing.
For the salary of the sergeant-at-arms, eighteen hundred sergeant-at-arms and thirty-three dollars and thirty-four cents.
For the authorized expenses of committees of the legisla- comipittees, ex- ture, a sum not exceeding three hundred dollars.
For clerical assistance to committees authorized to send clerical assist- lor persons and papers, a sum not exceeding three hundred mittees. dollars ; and the auditor is hereby authorized to audit bills for such assistance, the same having been approved by the chairman of such committees, or other members authorized by the committees to certify such accounts.
I'or the'salary of the chief justice of the superior court, S".pprior court, three thousand seven hundred dollars. " '*" "^^ "^*"
For the salaries of nine associate justices of said court, Associate jus- thirty-one thousand five hundred dollars.
For the salary of the clerk of the supreme judicial court cierks.j. court, for the Commonwealth, three thousand dollars. *''"^"
For the salary of the assistant-clerk of said court, fifteen Assistant-cierk. hundred dollars. 11
382
1863.— Chapter 34.
Expenses of court.
Judges probate and insolvency. Suffolk.
Middlesex.
Worcester.
Essex.
Norfolk.
Bristol.
Plymouth.
Berkshire.
Hampden.
Barnstable.
Hampshire.
Franklin.
Nantucket.
Dukes.
Kegisters and as- sistants. Suffolk.
Middlesex.
Worcester.
Esses.
For expenses of said court, two thousand five hundred dollars.
For the salary of the judge of probate and insolvency for the county of Suffolk, three thousand dollars.
For the salary of the judge of probate and insolvency for the county of Middlesex, two thousand dollars.
For the salary of the judge of probate and insolvency for the county of Worcester, eighteen hundred dollars.
For the salary of the judge of probate and insolvency for the county of Essex, fifteen hundred dollars.
For the salary of the judge of probate and insolvency for the county of Norfolk, fourteen hundred dollars.
For the salary of the judge of probate and insolvency for the county of Bristol, eleven hundred dollars.
For the salary of the judge of probate and insolvency for the county of Plymouth, one thousand dollars.
For the salary of the judge of probate and insolvency for the county of Berkshire, eight hundred dollars.
For the salary of the judge of probate and insolvency for the county of Hampden, eight hundred dollars.
For the salary of the judge of probate and insolvency for the county of Barnstable, seven hundred dollars.
For the salary of the judge of probate and insolvency for the county of Hampshire, six hundred and fifty dollars.
For the salary of the judge of probate and insolvency for the county of Franklin, six hundred dollars.
For the salary of the judge of probate and insolvency for the county of Nantucket, three hundred dollars.
For the salary of the judge of probate and insolvency for the county of Dukes County, two hundred and fifty dollars.
For the salary of the register of probate and insolvency for the county of Suffolk, three thousand dollars.
For the salary of the assistant-register for the county of Suffolk, fifteen hundred dollars.
For the salary of the register of probate and insolvency for the county of Middlesex, fifteen hundred dollars.
For the salary of the assistant-register for the county of Middlesex, one thousand dollars.
For the salary of the register of probate and insolvency for the county of Worcester, fifteen hundred dollars.
For the salary of the assistant-register for the county of Worcester, one thousand dollars.
For the salary of the register of probate and insolvency for the county of Essex, fifteen hundred dollars.
For the salary of the assistant-register for the county oT Essex, eight hundred dollars.
1863.— Chapter 34. 383
For the salary of the register of probate and insolvency for Norfolk. the county of Norfolk, one thousand dollars.
For the salary of the assistant- register for the county of Norfolk, six hundred dollars.
For the salary of the register of probate and insolvency for Bristol. the county of Bristol, thirteen hundred dollars.
For the salary of the register of probate and insolvency for Plymouth. the county of Plymouth, one thousand dollars.
For the salary of the register of probate and insolvency for iiampden. the county of Hampden, eight hundred dollars.
For the salary of the register of probate and insolvency for Berkshire. the county of Berkshire, eight hundred dollars.
For the salary of the register of probate and insolvency for Hampshire. the county of Hampshire, seven hundred and fifty dollars.
For the salary of the register of probate and insolvency for Frankiin. for the county of Franklin, seven hundred dollars.
For the salary of the register of probate and insolvency for Barnstable. the county of Barnstable, seven hundred dollars.
For the salary of the register of probate and insolvency for Nantucket. the county of Nantucket, three hundred dollars.
For the salary of the register of probate and insolvency for Dukes. the county of Bukes County, three hundred and fifty dollars.-
For certain expenses of the courts of insolvency, author- courts of probate ized by the General Statutes, or similar accounts for the expensel."''^^'"'^' courts of probate and insolvency, a sum not exceeding three thousand dollars.
For the salary of the attorney for the county of Suffolk, Distnct-attor- three thousand dollars. °«^'- S"'^°i'^-
For the salary of the assistant-attorney for the county of Assistant. Suffolk, one thousand eight hundred dollars.
For the salary of the district-attorney for the eastern dis- Eastern. trict, one thousand two hundred dollars.
For the salary of the district-attorney for the northern dis- Northern. trict, one thousand two hundred dollars.
For the salary of the district-attorney for the southern southern. district, one thousand two hundred dollars.
For the salary of the district-attorney for the middle dis- Miaaie. trict, one thousand two hundred dollars.
For the salary of the district-attorney for the south-eastern south-eaatem. district, one thousand two hundred dollars.
For the salary of the district-attorney for the western dis- western. trict, one thousand two hundred dollars.
For the salary of the district-attorney for the north-western North-westem. district, eight hundred dollars.
For the salaries of the justices of police courts, thirty-two Justices pouce thousand seven hundred dollars. court*.
384
1863.— Chapter 34.
Clerks.
Reporter decis- ions S. J. Court.
general laws and resolves.
Printing " blue book" edition.
Newspaper publi- cation of general laws, etc.
Blanks for reg- istering births, marriages and deaths.
Fuel and lights state house.
Repairs and fur- niture.
Contingent ex- penses, legisla- ture.
Postage, print- ing, etc., for ex- ecutive depart- ment.
Blanks for re- turns of aid to families of vol- unteers. •
Bank note im- pressions, num- bering.
■Sheriffs, forward- ing blanks and let urns.
For the salaries of the clerks of police courts, exclusive of clerks elected under chapter one hundred and sixteen, section four, of the General Statutes, fifteen thousand dollars.
For the salary of the reporter of the decisions of the supreme judicial court, three hundred dollars.
For printing such number, not exceeding seventy-five thousand, of the pamphlet edition of the General Acts and Resolves of the present year, for distribution in the Com- monwealth, a sum not exceeding eight thousand dollars.
For printing two thousand five hundred copies of the " blue book " edition of the Acts and Resolves of the present year, with the governor's messages and other matters in the usual form, but not including the constitution, a sum not exceeding two thousand five hundred dollars.
For the publication of the General Laws, and all other information intended for the public, in accordance with the General Statutes, three hundred dollars.
For the printing and binding of blanks for the use of cities and towns, in the registration of births, marriages and deaths, a sum not exceeding three hundred dollars.
For fuel and lights for the state house, a sum not exceed- ing two thousand six hundred dollars.
For repairs, improvements and furniture of the state hovise, three thousand dollars.
For contingent expenses of the senate and house of rep- resentatives, and necessary expenses in and about the state house, a sum not exceeding one thousand five hundred dol- lars : provided, that no part of such sum shall be expended for stationery, postage, printing, repairs or furniture, or for the purchase of any article or thing, or to effect any object, for which an appropriation is otherwise made in this act, or in any act which may be subsequently passed.
For postage, printing and stationery for the governor and council, a sum not exceeding eight hundred dollars.
For printing blanks for returns from cities and towns, of aid rendered to the families of volunteers, the sum of three hundred and fifty dollars.
For the numbering of bank note impressions, the sum of two hundred and fifty dollars, the same to be paid from the amount assessed on banks for expenses incurred on tlieir account in the auditor's department.
To the sheriffs of the several counties for distributing blanks and making returns of votes, in accordance with the General Statutes, a sum not exceeding eight hundred and sixtj -eight dollars.
1863.— Chapter 34. 385
For printiiii;' tlie i)\il)lic scries of documents in tlie last i'"i'iic aoou- <»,i'' ii I'l.i ij I'V metits, print-
quarter ot tlie year one thousand eight hundred and sixty- in^'and bind-
tliree, under the direction of the secretary of the Common- '"^'•
wealth, according to the General Statutes, and for binding
the copies to be distributed to the towns and cities, a sum
not exceeding twelve thousand dollars.
For furnishing term reports, the sum of five thousand Reports decisions
, ,, ° r : S.J. Court.
dollars.
For assessors' books, agreeably to the acts of eighteen A.^.sessors' books. hundred and sixty-one, the sum of thirteen hundred dollars.
For the compensation of the bank commissioners, a sum Bank commis- iiot exceeding six thousand and fifty dollars. siouers.
For the salary of the clerk of the bank commissioners, cierk. one thousand three hundred and seventy-five dollars.
For the incidental expenses of the bank commissioners, a incidental. sum not exceeding one hundred and fifty dollars.
For the compensation of the board of insurance commis- insurance com- sioners, two thousand seven hundred and fifty dollars.
For books, stationery, printing, and advertising, ordered Books, printing, by the sergeant-at-arms, for the legislature, a sum not arm's. exceeding seven hundred dollars.
For the state library, in accordance with the General state library. Statutes, twenty-three hundred dollars, to be expended under the direction of the trustees and librarian.
For the contingent expenses of the council, a sura not council, contin- exceeding eight hundred dollars. ^"^ '
For the compensation and expenses of the alien commis- ^",';"J°^„^'^' sioners, and agents employed by them, according to law, a agents. sum not exceeding seven thousand two hundred dollars.
For the compensation and expenses of the superintendent superintendent
„,. ' ^ ,..,'■ -, , alien passengers.
01 alien passengers, a sum not exceeding six thousand three hundred dollars.
For compensation to towns, for support of state paupers, Towns for sup-
i,i^ , /.I i I port ot state pau-
under the General Statutes, for the current year, one thou- pers. sand dollars.
For the expenses of coroners' inquests, a sum not exceed- coroners' in- ing five hundred dollars. quess.
For burial of state paupers, two thousand dollars. Buriai paupers.
For the salary and expenses of the inspector of gasmeters, in.spector gas- a sum not exceeding three thousand dollars, in accordance '"®"^- with the acts of the year eighteen hundred and sixty-one.
The appropriation made in the twenty-second chajiter of Kmergency fund, the acts of the year eighteen hundred and fifty-eight, for reappropnation. the emergency fund, i« herel)y made applicalile to, and may be used during the present political year, for the purposes
386
1863.— Chapter 34.
Money, certain, considered as or- dinary reyeuue.
Paupers, state, removal of to almshouses.
Indians. Asylum for blind.
School for idiots.
Deaf and dumb at Ilartford, Ct.
Bequests of M. Johonnot.
Sinking fund, almshouses.
Union loan sinli- ing fuLid.
Bounties, agri- cultural.
Secretary board agriculture, sal- ary.
and under the provisions and limitations, mentioned in said chapter.
Money now held in the treasury under chapter ninety-five of the resolves of the year eighteen hundred and fifty-nine, shall be considered as ordinary revenue, and paid out accordingly.
CHAEITABLE.
For the removal of state paupers to almshouses, in accord- ance with the provisions of chapter seventy-one of the Gen- eral Statutes, the sum of five hundred dollars.
For Indians, a sum not exceeding three thousand dollars.
For the Perkins' institution and Massachusetts asylum for the blind, in accordance with the resolves of the year eighteen hundred and fifty-five, twelve thousand dollars.
For the Massachusetts school for idiotic and feeble-minded youth, in accordance with the resolves of the year one thou- 'sand eight hundred and fifty-one, and of the resolves of the year eighteen hundred and sixty-one, nine thousand dollars.
For the support of patients from Massachusetts, in the asylum for the deaf and dumb at Hartford, in the state of Connecticut, in accordance with the resolves of the year eighteen hundred and twenty-nine, and the resolves of the year eighteen hundred and forty-seven, a sum not exceeding eight thousand six hundred dollars.
For the annuities due from the Commonwealth, in respect to the obligations incurred by the acceptance of the bequests of the late Martha Johonnot, a sum not exceeding one thousand seven hundred and forty dollars.
For pensions, a sum not exceeding seven hundred dollars.
To the sinking fund, for the redemption of the scrip issued to obtain means for building the state almshouses, six thousand dollars.
To t!ie union loan sinking fund, established under chapter two liundred and nine, of tiie acts of the year eighteen hun- dred and sixty-one, section two, to be invested agreeably to the provisions of chapter one hundred and eighty-seven of tlie acts of the year eighteen hundred and sixty-two, the sum of one hundred and fifty-one thousand one hundred and eighty dollars.
AGRICULTURAL.
For bounties to agricultural societies, eleven thousand one hundred and seventy-two dollars, fifty-three cents.
For the salary of the secretary of *the board of agricul- ture, eigliteen hundred and thirty-three dollars and thirty- four cents.
1863.— Chapter 34. 387
For the travelling expenses of members of said board, a Travel, members, sum not exceeding twelve hundred dollars.
For the travelling expenses of the secretary of said board, Travel, postape, all postages and necessary expenses, in accordance with the ^'"•'Of ««"«'"■■>• resolves of the year one thousand eight Imndred and fifty- three, a sum not exceeding two hundred and fifty dollars.
For other incidental expenses of said board, a sum not incidental. exceeding one hundred and fifty dollars.
For the salaries of the clerks of the secretary of said cierks. board, eleveu hundred dollars.
For printing ten thousand copies of the report of the printftg report. board of agriculture, a sum not exceeding nine thousand dollars.
MILITARY.
For the salary of the adjutant-general, one thousand six Adjutant-gene- hundred and fifty dollars. ral, salary.
For the salary of the first clerk of the adjutant-general, First cierk. thirteen hundred and seventy-five dollars.
For the salary of the second clerk of the adjutant-general, second cierk. eleven hundred dollars.
For extra clerical assistance, including messenger, in the Additional assist- adjutant-general's department, a sum uot exceeding eigiit '*°''^- thousand five hundred dollars.
For the incidental expenses of the adjutant-general, a incidental, sum not exceeding three thousand dollars.
For the expenses of the departments of the quarter- Quartermaster master-general and master of ordnance, a sum not exceed- o"(fnr^ce'%x- ing ten thousand five hundred dollars. p«°ses.
For military bounty, a sum not exceeding forty-three Military bounty. thousand dollars.
For military accounts, a sum not exceeding five thousand Accounts. five hundred dollars.
For the rent of armories, a sura not exceeding eleven Rent of armories thousand dollars.
For the salary of the surgeon-general, the sum of two surgeon-generai. thousand dollars.
For the salary of the clerk of the surgeon-general, one cierk. thousand two hundred dollars.
For incidental, contingent and other expenses of the sur- incidental, geon-general's department, a sum not exceeding five thou- sand dollars.
REFORMATORY AND CORRECTIONAL.
For the expenses of the arrest of fugitives from justice, a Arrest of fugi- sum not exceeding one thousand dollars. *"'**'
388
1863.— Chapters 35, 36.
Agent discharged coQvicts, salary.
Expenditures of agent.
Industrial school, expenses.
Chap. 35
Wharf on At- wood's Beach.
Proviso.
Chap. 36.
May lease TTinni- simmet road.
May lease or re- ceive transfer from Boston and Chelsea road.
For the salary of an agent for the relief of discharged convicts, a sum not exceeding eight hundred dollars.
For the expenditures of said agent, in accordance with the General Statutes, and of the acts of the year eighteen hundred and sixty^one, a sum not exceeding one thousand dollars.
For the current expenses of the state industrial school for girls, at Lancaster, a sum not exceeding fifteen thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved February 27, 1863.
X An
Act to authorize Nathaniel p. wiley and others to build a wharf in the town of wellfleet.
Be it enacted, ^'c, asfolloivs:
Section 1. Nathaniel P. Wiley, John C. Peak, Knowles Dyer, Theodore Brown, and Harvey 0. Sparrow are hereby authorized to build a wharf upon the land and flats owned by them in common on the south side of Atwood's Beach, in the town of Wellfleet, and to extend said wharf to the channel of the harbor, and to lay vessels at the said wharf, and receive wharfage and dockage therefor : provided., that this grant shall in no wise impair the legal rights of any person.
Section 2. This act shall take effect upon its passage.
Approved February 27, 1863. _
An Act authorizing the lynn and boston railroad company to lease certain railroads.
Be it enacted, c^'c, as follows :
Section 1. The Lynn and Boston Railroad Company is hereby authorized to lease the Winnisimmet Railroad, on such terms and conditions as may be approved by a majority in interest of the stockholders of said companies, respec- tively, at meetings legally called for that purpose.
Section 2. The Lynn and Boston Railroad Company is hereby authorized to receive a transfer of any existing lease of the Boston and Chelsea Railroad ; or, upon such lease being cancelled by consent of parties in interest, the said Lynn and Boston Railroad Company is hereby authorized to lease said Boston and Chelsea Railroad, on such terms and conditions as may be approved by a majority in interest of the stockholders of said companies, respectively, at meetings legally held for that purpose.
Section 3. This act shall take effect upon its passage.
Approved February 27, 1863.
CiiAPTERs 37, 38, 39. 389
Ax Act to ixcrkask tiik capital stock of the Springfield gas- /^i^,, o-?
LIGHT COMPANY. " ^"'^P' ^'-
Be it enacted, ;Vc., asfollou's:
Section 1. The Sprinp;field Gas-Light Company is hereby increase of. ?ioo,-
xi • J X • -J. -i 1 i 1 1 J 1- ii i 000 authorized.
authorized to increase its capital stock, by adaing thereto an amount not exceeding one hundred thousand dollars, to be divided into shares of one hundred dollars each, and to be paid in in such instalments as the directors of said corpora- tion shall determine.
Section 2. This act shall take effect upon its passage.
Approved February 27, 1863.
An Act to legalize the doings of towns in aid of the war. QJidp^ 3g_ Be it enacted, &'c., asfolloics:
Section 1. The acts and doings of cities and towns in Assessing taxes
. 1 i- T -i- and paying boun-
paymg or agreeing to pay bounties and recruiting expenses ties legalized.
for soldiers already furnished by them, upon the requisition
of the United States, and upon the call of the governor, for
the present war, together with taxes that have been or may
be assessed, and payments and obligations that have been or
may be made or given by them for those objects, are hereby
ratified, confirmed and made valid.
Section 2. This act shall take effect upon its passage.
Approved February 27, 1803.
An Act to continue in force an act incorporating the mutual QJkij)^ *^9'
marine insurance company. ^
Be it enacted, tVc, as follows:
Section 1. The act of the year one thousand eight corporate powers hundred and forty-three, incorporating the Mutual Marine ouf umUation*of Insurance Company, shall be continued and remain in force '™«- from and after the twenty-fourth day of March in the year one thousand eight hundred and sixty-three, with all the powers and privileges, and subject to all the duties, liabili- ties and restrictions, set forth in the general laws which now are or hereafter may be in force in relation to such corpora- tions.
Section 2. The reserved profits which shall be held by Reserved profits, said company at the time of the expiration of its present charter, whether represented by scrip or otherwise, either from terminated or unterminated policies, shall be divided among the respective persons and corporations, respectively entitled thereto under the present charter and by-laws.
Section 3. It shall be lawful for the said company to Profits may be ai- agree with any of such persons or corporations to allow and b7^mutua"rcon- permit the whole or any part of such profits, accruing to ^'^°'- them respectively, to remain with said company, and to
12
390 1863.— Chapter 40.
permit such persons or corporations to receive such portion of the future profits of the business of said company as shall be deemed just and equitable. Remaining prof- SECTION 4. Auj of tlic rcscrved profits aforesaid which pIrmanenTTuncL shall bc coutinucd with Said company shall, to the extent thereof, be deemed and taken to be a permanent fund, in lieu and stead of the subscription note provided to be given in and by the thirty-fifth and succeeding sections of the fifty- eighth chapter of the General Statutes. Reserved and fa- SECTION 5. No part of the futurc profits arising from the
ture profits not t . r- ±^ • i • -i i f ji
to be withdrawn, busmcss 01 the said insurance company, and no part oi the except, &c. g^j^ reserved profits which shall be permitted to remain with the said company as aforesaid, shall be withdrawn from the said company except for the payment of losses and expenses; except that the said company may from time to time piy to the parties respectively entitled thereto such sums as shall be received or realized from the investment of such profits ; and said company may, from from time to time, pay off such reserved profits so left with them as aforesaid, and such por- tion of their future profits as the persons or corporations entitled to such reserved profits shall be allowed to receive pursuant to the provisions of the third section of this act : ProTiso. provided, such payment shall leave net earned profits with
said company, as a permanent fund, to the amount of not less than two hundred thousand dollars. Corporation may SECTION 6. Tlic Said Corporation may, from year to year, notes and profits, pay for the iisc of subscriptiou notes talien by them, and for the use of the reserved profits as aforesaid, such percentage as may be determined upon by the directors of said corpora- tion, the same to be paid in money at the expiration of eacli year, if, in the opinion of the directors, the same can be done without injury to the capital or permanent fund of the cor- poration. Approved February 21 , 1863.
Chew 40 "^^ ^^^ "^^ CONTINUE IN FORCE AN ACT INCORPORATING THE COMMER- ^' ' CIAL MUTUAL MARINE INSURANCE COMPANY.
Be it enacted, ^c., as follows :
Corporate powers SECTION 1. The act of tlic year one thousand eight hun-
out limitation of drcd and fifty-three, incorporating the Commercial Mutual
*""*■ Marine Insurance Company, shall be continued and remain
in force from and after the seventeenth day of March, in
the year one thousand eight hundred and sixty-three, with
all the powers and privileges, and subject to all the duties,
liabilities and restrictions, set forth in the general laws
which now are, or hereafter may be in force, in relation to
such corporations.
1863.— Chapter 40. 391
Section 2. The reserved profits wliich shall be held by iiwcrved profits, said company at the time of the expiration of its present charter, -whether represented by scrip or otherwise, either from torniinatcd or luiterminated policies, shall be divided among the resj)cctive persons and corporations respectively entitled tiiereto under the present charter and by-laws.
Section 3. It shall be lawful for the said company to Profits may be ai-
• ■1 c ^ J.' J.11 J lowed to remain,
agree with any of such persons or corporations, to allow and by mutual con- permit the whole or any part of such profits accruing to them ^''"'• respectively, to remain with said company, and to permit such persons or corporations to receive such portion of the future profits of the business of said company as shall be deemed just and equitable.
Section 4. Any of the reserved profits aforesaid which Remaining prof- shall be continued with said company shall, to the extent permanenTTund^ thereof, be deemed and taken to be a permanent fund in lieu and stead of the subscription notes provided to be given in and by the thirty-fifth and succeeding sections of the fifty- eighth chapter of the General Statutes.
Section 5. No part of the future profits arising from the Reserved and fu- business of the said insurance company, and no part of the to be wuhdrawn* said reserved profits which shall be permitted to remain with except, &c. the said company as aforesaid, shall be withdrawn from the said company, except for the payment of losses and expenses ; except that the said company may, from time to time, pay to the parties respectively entitled thereto such sums as shall be received or realized from the investment of such profits ; and said company may, from time to time, pay off such reserved profits so left with them as aforesaid, and such portion of their future profits as the persons or corporations entitled to such reserved profits shall be allowed to receive, pursuant to the provisions of the third section of this act : provided, such payment shall leave net earned profits with Proviso. said company, as a permanent fund, to the amount of not less than two hundred thousand dollars.
Section 6. The said corporation may, from year to year, corporation may pay for the use of subscription notes taken by them, and for noL and profit^. the use of the reserved profits as aforesaid, such percentage as may be determined upon by the directors of said corpora- tion, the same to be paid in money at the expiration of each year, if, in the opinion of the directors, the same can be done without injury to the capital or permanent fund of the cor- poration. Approved February 27, 18G3.
392 1863.— Chapter 41.
ChciD 41 "^^ '^^^ ^^ PROVIDE FOR TAKING THE AFFIDAVITS, DEPOSITIONS ■^' ' AND ACKNOWLEDGMENT OF DEEDS OF PERSONS IN THE MILITARY
AND NAVAL SERVICE OF THE UNITED STATES.
Be it enacted, §'c., asfolloios: Colonel, lieut. SECTION 1. Affidavits, and commissions to take the depo-
colonel or major . , „ • i , i • , • c -i • ■,
may execute pa- sitioH 01 Enj pei'son witliout tliis State, it engaged in the ^^'^' regular or volunteer land service of the United States, may-
be executed before and by the colonel, lieutenant-colonel, or major of the regiment in which such person shall at the Naval command- time scrvc or with which he may be connected ; and if
er, paymasters or i-ji i -in iiii
surgeon, may act. engaged lu the iiaval service, beiore and by the paymaster, assistant-paymaster, acting assistant-paymaster, surgeon or officer in command of the vessel in which he shall at the te^ai' t^o° 'tevliid ^^"^® serve or with which he may be connected ; and the in courts. affidavits and depositions of such persons so taken, if other-
wise taken in accordance with law, shall be received and may be used in evidence in the same manner as if taken before a commissioner of this Commonwealth appointed to take depositions in other states. Conveyance of SECTION 2. Thc dccd of any persou without this state zen without Com- for tlic coiivcyance of real estate within this Commonwealth, ^o^weTrof'kttor'^ ^"*1 powcrs of attomcy, may be acknowledged before the ney^inarmyand coloucl, licutenant-colouel, or major of the regiment in which such person shall at the time serve, or with which he may be connected, if such person is engaged in the regular or volunteer land service of the United States ; and if engaged in the naval service, by the paymaster, assistant- paymaster, acting assistant-paymaster, surgeon or officer in command of the vessel in which such person shall at the time serve or with which he may be connected. Officers named SECTION 3. For the purposcs aforcsaid the respective may a mims er ^f^^gj^g j^j^qvo iiamcd sliall liavc powcr and authority to ad- minister oaths to, and take the acknowledgments of, persons in the military or naval service of the United States, as described in sections one and two of this act. ^p«^'- Section 4. Chapter two hundred and nineteen of the
acts of the year one thousand eight hundred and sixty-two is hereby repealed, stetute"**" °^ Section 5. This act shall take effect upon its passage,
and shall remain in force until the first day of May, in the year eighteen hundred and sixty-five.
Approved February 27, 1863.
18(>:5.— Chapters 42, 43. 393
An Act to exaui.e the trustees ok the methodist episcopal Qhr.^^ A9
CHURCH IN GLOUCESTER TO SELL PROPERTY, AND FOR OTHER PUR- 1'
POSES.
Be it enacted, S,-c., as follows:
Section 1. Aaron D. "Wells, Edward Perkins, Charles Trustees author- Doutrlas, William H. Wonson, third, and John Lane, the aTi5ubUcauc'°ion* trustees of tlie Methodist Episcopal Church in Gloucester, successors to Aaron Wait, Thomas Hiller, Amos Story, Nathaniel Witham and Samuel Marston, all deceased, the trustees of said church, named as grantees in the deed of Benjamin Hiller, dated the twenty-fourth day of January, in the year eighteen hundred and twenty-seven, recorded with Essex deeds, on the twenty-fourth day of March, in the year eighteen hundred and twenty-eight, are hereby authorized to sell at public auction to the highest bidder, first giving notice of the time and place of sale, by publication in the Gloucester Telegraph and News, a newspaper published in Gloucester, for three successive weeks next before such sale, the meeting-house standing on the land conveyed by said deed ; and to distribute the proceeds, after payment of the May distribute debts due on said meeting-house and the costs of said sale, ^™'^'^*' **' among the owners of pews in said meeting-house, in propor- tion to the original a])praisement thereof; and also to sell in f^V^'loceeds"** like manner and on like notice, the land conveyed by said deed, and to hold and apply the proceeds thereof, less the ■ costs of sale, in lieu of said land for the benefit of said church, as the trusts in said deed declared ; and they are °««*8- hereby authorized to give to the purchasers at such sales, good and sufficient deeds of the property sold, free and discharged of all trusts whatsoever.
Section 2. The said trustees- and their successors, arc Trustees made
' body corporate.
hereby made a body corporate by the name of The Trustees of the First Society of the Methodist Episcopal Church in Gloucester, with all the powers and privileges, and subject to all the duties and liabilities contained in the thirtieth ciiapter of the General Statutes, applicable to the trustees of societies of the Methodist Episcopal church.
Section 3. This act shall take effect upon its passage.
Approved February 27, 18G3. ^ An Act to change the name of the fifth universalist society, Ckcip. 43.
JN BOSTON.
Be it enacted, ^t., as foliates :
The Fifth Universalist Society, in Boston, shall hereafter Namechanged. be called and known by the name of the Shawmut Univer- salist Society. Approved February 27, 1803.
394 1863.— Chapters 44, 45.
ChciV 44 "^^ "^"^^ ^"^ ADDITIOX TO AN ACT CONCERNING TRUANT CHILDREN "' ' AND ABSENTEES FROM SCHOOL.
Be it enacted, Sj'c, as follows :
Police and trial SECTION 1. Either of the justices of the police court of* ironconftrred/ thc citj of Bostoii, and anjjudge or justice of any police court, and any trial justice, in this state, shall have jurisdic- tion within their respective counties of the offences described in chapter two hundred and seven of the acts of the year eighteen hundred and sixty-two. Justice may dis- SECTION 2. Whenever it shall be made to appear to any cause. such justico, judgc Or trial justice acting within his juris-
diction, upon a hearing of the case, that there is good and sufficient reason for the discharge of any minor imprisoned for either of such offences, he may issue such discharge under his hand upon such terras as to costs as to him seems just, directed to the person having the custody of such minor ; and upon the service of the same on such person and payment of costs required, said minor shall be discharged. Section 3. This act shall take effect upon its passage.
Approved February 27, 1863.
Chap. 45. -^^ ■^^'^ '^^ REDUCE THE CAPITAL STOCK OF THE ROCKPORT BANK.
Be it enacted, Sfc, as folloivs :
MdTr**'"* ^^^ Section 1. The president, directors and company of the Rockport Bank are hereby authorized to reduce their capital
Proviso. stock to the sum of one hundred thousand dollars : pro-
vided, that said reduction shall not take place until the bank commissioners, or a majority of them, shall have cer- tified in writing to the governor and council, after due examination, that the said corporation has sufficient funds for the payment of all notes, bills, deposits and other liabilities existing against it, and for the purchase and extinguishment of five hundred shares of its stock, and after the payment of all liabilities, and the purchase of its stock, as aforesaid, the sum of one hundred thousand dol- lars will remain in said bank, as capital stock, in funds available for all usual and proper banking purposes.
Reduction, how SECTION 2. Thc Capital stock of said bank shall be
effected. ^ rcduccd, as aforesaid, by the purchase and extinguishment by said corporation, of five hundred shares of its stock, so that each of the remaining one thousand shares shall be of
Governor to be the par valuc of ouc hundred dollars ; and when the capital
acs. g^Qj^i^ jg reduced, as aforesaid, and the president and cashier
of said bank shall have certified in writing to the governor
and council that the capital stock of said bank has been
reduced in manner as provided by this act, then all the
1863.— Chapter 46. 395
rights, duties and liabilities of said bank shall have relation
to, and be governed by, said reduced capital stock of one
hundred thousand dollars ; and until said reduction is Tax to continue
made, and the certificate of the president and cashier is "ilicate''"^"'^''^'"'
made, as aforesaid, said bank sliall continue to pay into the
treasury of the Commonwealth the tax required by law
upon its present capital stock.
Section 3. It shall be the duty of the bank commission- liantc commis- ers, or a majority of them, to make the examination pro- tiou"y nTquired! vided for by this act, and the necessary expenses incurred by them in so doing shall be paid by said corporation.
Section 4. This act shall take effdct upon its passage.
Approved March 3, 18G3.
An Act to reduce the capital stock of the merchants' bank Qhny} 4R
OF NEW13URYP0KT. i '
Be it enacted, cVc, as follows:
Section 1. .The president, directors and company of the corporation may Merchants Bank of Newburyport, are hereby authorized to ''"^"'''*- reduce their capital stock to the sum of one hundred and twenty thousand dollars : provided, that no dividend of any part of Proviso. the present capital stock shall be made, nor shall such reduction take place until the bank commissioners, or a majority of them, shall have certified in writing to the governor and council, after due examination, that the said corporation has sufficient funds for the payment of all notes, bills, deposits and other liabilities existing against it, and that after payment thereof, the sum of one hundred and twenty thousand dollars will remain in said bank as capital stock, in funds available for all usual and proper banking purposes.
Section 2. Nothing contained in this act shall be con- surplus to be di- strued to authorize said corporation by the reduction afore- ^"**'^' said to create a surplus fund, but any such surplus of assets which shall remain above the reduced capital, shall, after such reduction, be divided, from time to time, as the same is realized, among the holders of stock in said corpo- ration.
Section 3. No reduction shall be made in the number shares, number of shares of the capital stock of said corporation, but on or ^nd par value, before payments of surplus as aforesaid, or dividends, the old certificates shall be called in and cancelled, and new certificates issued representing the shares as of the par value of twenty dollars.
Section 4. It shall be the duty of the bank commis- il^nk commis-
•' , , . . pioners, examina-
sioners, or a majority oi them, to make tlie examination tion by rer^uired,
396 1863.— Chapters 47, 48. .
and certificate of provided for ill tliis act, and the necessary expenses incurred
to ffovcmor •/ i
by them in so doing, shall be paid by said corporation ; and when the bank commissioners shall have made and delivered their certificate to the governor and council as aforesaid, all the riglits, duties and liabilities of said bank shall have relation to, and be governed by, said reduced capital stock of one hundred and twenty thousand dollars; and until said reduction is made said bank shall continue to pay into the treasury of the Commonwealth the tax required by law upon its present capital stock.
Section 5. This act shall take effect upon its passage.
Approved March 3, 1863.
Cha'p. 47.
Ax Act in addition to ax act ixcorporatixg the Berkshire
LIFE INSURANCE COMPANY.
Be it enacted, ^c, as follows: Guaranty stock SECTION 1. The Berkshire Life Insurance Company is guished. hereby authorized, whenever so directed by a vote of tiie
assured, to redeem at par and extinguish all or any part of its original guaranty capital stock ; and to appropriate for this purpose, so much of its funds as may be necessary. Section 2. This act shall take effect upon its passage.
Approved March 3, 1863.
Chap. 48.
An Act to incorporate the granite mills. Be it enacted, ^'c, as follows:
Corporators. SECTION 1. Cliarlcs 0. Shovc, William Mason, S. H.
Title. Miller, their associates and successors, are hereby made a
corporation by the name of the Granite Mills, for the pur- pose of manvifacturing cotton and other fibrous materials in
Location and tlic city of Fall Rivcr, iu the county of Bristol ; and for this
privileges. purposc shall liavc all the powers and privileges, and be sub-
ject to all the duties, restrictions and liabilities set forth in the sixtieth and sixty-eighth chapters of the General Stat- utes, and all acts passed subsequent thereto, relating to manufacturing corporations.
Real estate. SECTION 2. The Said corporatiou may hold for the pur-
poses aforesaid, real estate to the amount of two hundred
Capital. and fifty thousand dollars, and the whole capital stock of
said corporation shall not exceed five hundred thousand
Proviso. dollars : provided, hoivever, that said corporation shall not
go into operation until the sum of one hundred and seventy- five thousand dollars of its capital stock has been paid in, in cash.
Section 3. This act shall take effect upon its passage.
Approved March 3, 1863.
1863.— Chapters 49, 50. 397
An Act to reduck the capital stock of thk fairhavkn uank. Qfid^y 4.9 Be it enacted, ^Vc, as follows:
Section 1. The president, directors and company of the corporation may Fairhaven Banlv are liereby antliorized to reduce tlieir capi- tal stock to the sum of two hundred and forty thousand dol- lars: provided^ that no dividend of any part of the present Proviao. capital stock shall be made, nor shall such reduction take place, until the bank commissioners, or a majority of them, shall have certified in writing to the governor and council, after due examination, that the said corporation has suffi- cient funds for the payment of all notes, bills, deposits and other liabilities existing against it, and that after payment tljcreof, the sum of two hundred and forty thousand dollars will remain in said bank as capital stock, in funds available for all usual and proper banking purposes.
Section 2. Nothing contained in this act shall be con- surplus to be cu- strued to authorize said corporation, by the reduction afore- '"^°'^' said, to create a surplus fund ; but any such surplus of assets whicli shall remain above the reduced capital shall, after such reduction, be divided from time to time, as the same is realized, among the holders of stock in said corporation.
Section 3. No reduction shall be made in the number stares, number of shares of the capital stock of said corporation, but on or ^"^ p^^'aue. before payments of surplus as aforesaid, or dividends, the old certificates shall be called in and cancelled, and new certificates issued representing the shares as of the par value of eighty dollars.
Section 4. It shall be the duty of the bank commission- ^'»°'^ commis-
r, , i 1 ii • • siouers, examina-
ers, or a majority 01 tliem, to make the examination pro- tion by required Tided for by this act, and the necessary expenses incurred to'^governorlnd by them in so doing sliall be paid by said corporation ; and '^°"""'- when the bank commissioners shall have made and delivered their certificate to the governor and council as aforesaid, all the rights, duties and liabilities of said bank shall have rela- tion to, and be governed by said reduced capital stock of two hundred and forty thousand dollars ; and until said reduction is made said bank shall continue to pay into the treasury of the Commonwealth the tax required by law upon its present capital stock.
Section 5. This act shall take efifect upon its passage.
Approved March 3, 1863.
An Act to reduce the capital stock of the marblehead bank. Chat). 50. Be it enacted, ^'c, as follows:
Section 1. The president, directors and company of the corporation may Marblehead Bank are hereby authorized to reduce their capi- '^*'^'**^^'
13
398
1863.— Chapter 51.
Proviso.
Surplus to be di- Tided.
tal stock to the sum of one hundred and two thousand dol- lars : provided, that no dividend of any part of the present capital stock sliall be made, nor shall such reduction take place, until the bank commissioners, or a majority of them, shall have certified in writing to the governor and council, after due examination, that the said corporation has suffi- cient funds for the payment of all notes, bills, deposits and other liabilities existing against it, and that after payment thereof the sum of one hundred and two thousand dollars will remain in said bank as capital stock, in funds available for all usual and proper banking purposes.
Section 2. Nothing contained in this act shall be con- strued to authorize said corporation, by the reduction afore- said, to create a surplus fund ; but any such surplus of assets which shall remain above the reduced capital shall, after such reduction, be divided from time to time, as the same is realized, among the holders of stock in said corporation.
Section 3. No reduction shall be made in the number of shares of the capital stock of said corporation ; but on or before payments of surplus as aforesaid, or dividends, the old certificates shall be called in and cancelled, and new certificates issued representing the shares as of the par value of eighty-five dollars.
Section 4. It shall be the duty of the bank commission- tion by required, crs, or a majority 01 them, to make the examination pro- to'^governoTand vidcd for ill this act, and the necessary expenses incurred council. ]^j them in so doing shall be paid by said corporation ; and
when the bank commissioners shall have made and delivered their certificate to the governor and council as aforesaid, all the rights, duties and liabilities of said bank shall have rela- tion to, and be governed by said reduced capital stock of one hundred and two thousand dollars ; and until said reduction is made, said bank shall continue to pay into the treasury of the Commonwealth the tax required by law upon its present capital stock.
Section 5. This act shall take effect upon its passage.
Approved March 3, 1863.
Shares, number and par value.
Bank commis sioners, examina-
Chcti) 51 "^^ "^^^ ^^ REDUCE THE CAPITAL STOCK OF THE LEE BANK.
Be it enacted, Sfc, as follows :
Corporation may SECTION 1. Thc president, directors and company of the Lee Bank are hereby authorized to reduce tlieir capital stock to tiie sum of two hundred and ten thousand dollars :
Proviso. provided, that no dividend of any part of the present capital
stock shall be made nor shall such reduction take place until the bank commissioners, or a majority of them, shall
1863.— Chapter 52. 399
have certified in writing to tlie governor and council, after due examination, that the said corporation has sufficient funds for the payment of all notes, bills, deposits and other liabilities existing against it, and that after payment thereof the sum of two hundred and ten thousand dollars will remain in said bank as capital stock in funds available for all usual and proper banking purposes.
Section 2. Nothing contained in this act shall be con- s^jpi"'' to ''c di- strued to authorize said corporation, by the reduction afore- said, to create a suri)lus fund ; but any such surplus of assets which shall remain above the reduced capital shall, after such reduction, be divided from time to time, as the same is realized, among the holders of stock in said corpo- ration.
Section 3. No reduction shall be made in the number shares, number of shares of the capital stock of said corporation ; but on or *° p'''"^''"^- before payments of surplus as aforesaid, or of dividends, the old certificates shall be called in and cancelled, and new certificates issued representing the shares as of the par value of seventy dollars.
Section 4. It shall be the duty of the bank commis- Bank commia-
•' , , . . sioners,exainina-
sioners, or a majority oi them, to make the examination tion by required. provided for by this act, and the necessary expenses incurred to goTornoTan'd by them in so doing shall be paid by said corporation ; and •=o"'"=»^- when the bank commissioners shall have made and delivered their certificate to the governor and council as aforesaid, all the rights, duties and liabilities of said bank shall have rela- tion to, and be governed by said reduced capital stock of two hundred and ten thousand dollars ; and until said reduction is made said bank shall continue to pay into the treasury of the Commonwealth the tax required by law upon its present capital stock. Section 5. This act shall take effect upon its passage.
Approved March 3, 1863.
Ax Act to reduce the capital stock of the wrentham bank! Qhnv) 52
Be it enacted^ ^'c, as follows :
Section 1. The president, directors and company of the corporation may "Wrentham Bank are hereby authorized to reduce their cap- '**^"'*- ital stock to the sum of one hundred and five thousand dollars : provided, that no dividend of any part of the Proviso. present capital stock shall be made nor shall such reduc- tion take place until the bank commissioners, or a majority of them, shall have certified in writing to the governor and council, after due examination, that the said corporation has sufficient funds for the payment of all notes, bills,
400 1863.— Chapter 53.
deposits and other liabilities existing against it, and that after payment thereof the sum of one hundred and five thousand dollars will remain in said bank as capital stock in funds available for all usual and proper banking purposes. Surplus to be di- SECTION 2. Nothing contained in this act shall be con- strued to authorize said corporation, by the reduction afore- said, to create a surplus fund, but any such surplus of assets which shall remain above the reduced capital shall, after such reduction, be divided from time to time, as the same is realized, among the holders of stock in said corporation. Shares, number SECTION 3. Mo rcductiou shall bc made in the number and par value, ^f sharcs of tlic Capital stock of said corporation ; but on or before payments of surplus as aforesaid, or dividends, the old certificates shall be called in and cancelled, and new certificates issued representing the shares as of the par value of seventy dollars.
Bank commis- SECTION 4. It sliall be the duty of the bank commission- sinners, examlna- ... n .1 , 1 ,1 • ,•
tioa by required, ers, or a majority 01 tliem, to make the examination pro- to*^govemo?'and ^idcd for iu tliis act, and the necessary expenses incurred council. by them in so doing shall be paid by said corporation ; and
when the bank commissioners shall have made and deliv- ered their certificate to the governor and council as afore- said, all the rights, duties and liabilities of said bank shall have relation to, and be governed by, said reduced capital stock of one hundred and five thousand dollars ; and until said reduction is made said bank shall continue to pay into the treasury of the Commonwealth the tax required by law upon its present capital stock.
Section 5. This act shall take effect upon its passage.
Approved March 3, 1863.
Chap. 53. ^^ ^'^'^ '^^ REDUCE THE CAPITAL STOCK OF THE AVALTHAM BANK.
Be it enacted, ^"c, as follows: Corporation may SECTION 1. The president, directors and company of the Waltham Bank are hereby authorized to reduce their capital stock to the sum of one hundred and fifty thousand dollars : provided, that no dividend of any part of the present capital stock shall be made nor sliall such reduction take place until the bank commissioners or a majority of them shall have certified in writing to the governor and council, after due examination, that the said corporation has sufficient funds for the payment of all notes, bills, deposits and other liabilities existing against it, and that after payment thereof the sum of one hundred and fifty thousand dollars will remain in said bank as capital stock in funds available for all usual and proper banking purposes.
reduce.
1863.— Chapters 54, 55. 401
Section 2. Nothiiipj contained in tins act sliall be con- surplus to be di- strued to authorize said corporation, by the reduction afore- '"*'"^' said, to create a surplus fund, but any such surplus of assets which shall remain above the reduced capital shall, after such reduction, be divided from time to time, as the same is realized, among the holders of stock in said corporation.
Section 8. No reduction shall be made in the number shares, number of shares of the capital stock of said corporation ; but on or *° p^^^^^^- before payments of surplus as aforesaid, or of dividends, the old certificates shall be called in and cancelled, and new certificates issued representing the shares as of the par value of seventy-five dollars.
Section 4. It shall be the duty of the bank commission- Bank commu-
.. j> .1 , 1 ii • i- sioners, examiua-
ers, or a majority oi them, to make tlie examination pro- tiou by required, vided for in this act, and the necessary expenses incuiTed to'^goyemoTau'd by them shall be paid by said corporation. When the bank council, commissioners shall have made and delivered their certifi- cate to the governor and council as aforesaid, all the rights, duties and liabilities of said bank shall have relation to, and be governed by said reduced capital stock of one hundred and fifty thousand dollars ; and until said reduction is made said bank shall continue to pay into the treasury of the Commonwealth the tax required by law upon its present capital stock.
Section 5. This act shall take effect upon its passage.
Approved March 3, 1803.
An Act to incorporate the south boston savings bank. ChciD 54
Be it enacted, §'c., as follows :
Section 1. Zibeon Southard, Henry Souther, D. McB. corporators. Thaxter, their associates and successors, are hereby made a corporation by the name of the South Boston Savings Bank, Title. to be established and located in that part of the city of Boston called South Boston ; with all the powers and privi- powers and du- leges, and subject to all the duties, liabilities and restric- *"^''' lions, set forth in the fifty-seventh chapter of the General Statutes, and in all other laws of this Commonwealth relat- ing to institutions for savings.
Section 2. This act shall take effect upon its passage.
Approved March 3, 1863.
An Act to incorporate the wellfleet savings bank. Chnv 55
Be it enacted, ^*c., as follows :
Section 1. James Swett, T. N. Stone, John C. Peak, corporators. their associates and successors are hereliy made a corpora- tion by the name of the Wellfleet Savings Bank, to be Titie.
402
1863. — Chapters 56, 57, 58.
Powers and du- established and located in the town of Wellfleet ; with all the
"*^' powers and privileges, and subject to all the duties, liabilities
and restrictions, set forth in the fifty-seventh chapter of the
General Statntes, and in all other laws of this Commou-
wealth relating to institutions for savings.
Section 2. This act shall take effect upon its passage.
Approved March 3, 1863.
Chap. 56. An Act to authorize james small, junior, to build a wharf
IN THE TOWN OF DENNIS.
Be it enacted, §'c., as follows :
James Small, junior, is hereby authorized to build a wharf in front of his land on the east side of Bass River, in the town of Dennis, extending into Bass River fifty feet beyond low-water mark, with the right to lay vessels thereat, and collect wharfage and dockage therefor ; said wharf to be situated below Bass River Lower Bridge, and about one hundred yards east of the channel used for navigable and other purposes : provided, hoivever, that this grant shall in no wise impair the legal rights of any person.
Approved March 3, 1863.
Chap.
57. An Act to authorize david k. akin to extend his wharf in
yarmouth. ^
Be it enacted, §-c., as follows :
David K. Akin is hereby authorized to extend his wharf in Bass River, in the town of Yarmouth, a distance not exceeding ten feet, and to lay vessels at the said wharf, and to receive wharfage and dockage therefor: provided, that this grant shall not impair tlie legal rights of any person.
Approved March 3, 1863.
Chap. 58.
An Act to provide for the prompt payment of volunteers
and to encourage allotments. Be it enacted, Sfc, as follows. ■ Tnd.-btedne.ca of SECTION 1. This Commonwealtli shall hold and does to volunteers hcrcby dcclarc itself indebted to all Massachusetts voluu- deciared. ^^^j,^ -^^ ^j^^ military service of the United States for all or
any part of their pay and allowances, accrued or allowed for their services rendered from and after the thirty-first day of October last, upon the terms and conditions hereinafter Proviso. specified : provided, the United States shall assent thereto,
and shall provide for the prompt transmission to the treas- urer of this Commonwealth of the money for the payment of such volunteers, or in the absence thereof, certificates .of indebtedness of the United States to the amount thereof, bearing interest at the rate of not less than six per cent.
1863.— Chapter 59. 403
per annum, from the dates when such pay and alhjwances were due and payable to such volunteers, and shall make all other provisions and shall do all other acts necessary to render valid the claim of this Commonwealth upon the United States for reimhursement for any sums advanced under the provisions of this act and the interest thereon.
Section 2. Any such Massachusetts volunteer may volunteer may
,, iPi'i'p jn assign claims up-
assign all or any part ot his claim lor pay and allowances on u. s. to state. for his services in the army of the United States to the treasurer of this Commonwealth, to be by him received and distributed in the manner contemplated in the first and second sections of the sixty-second chapter of the acts of the year eighteen hundred and sixty-two, " concerning the custody and distribution of funds of the Massachusetts vol- unteers," or held subject to the order of the volunteer, according to the fourth section of said chapter. And, when conditions of any volunteer shall have thus assigned his pay to the treas- ^i^^nTd^^Jiaima urer of this Commonwealth, and when all necessary arrange- ^«fi°e<i- ments shall have been completed with the United States, as provided for in the first section of this act for the reimburse- ment of this Commonwealth by the United States, the treasurer of this Commonwealth is hereby authorized and directed, on the date of receiving a properly certified copy of the pay-rolls made up for the guidance of the disbursing officers of the United States, to credit said volunteer with the amount of the original pay thus appearing on said rolls to be due him, which sum so standing to his credit the treas- urer shall then distribute through the town treasurers, or retain on interest, or pay to the order of said volunteer, in the manner provided in said sixty-second chapter of the acts of the year eighteen hundred and sixty-two, according to the election of said volunteer, and in such proportion as he may designate. And this payment shall be made without regard to the fact whether or not the same shall have been received into the treasury of this Commonwealth from the treasury of the United States. Section 3. This act shall take effect upon its passage.
Approved March 3, 1863.
Ax Act concerning bail in criminal cases. Chap. 59.
Be it enacted, Sfc, as follows:
Section 1. Bail in criminal cases, at any time before surrender of default upon their recognizance, may exonerate themselves defauiuo exon* by surrendering their principal into court or to the jailer, in ''^^^ surety. the county in which the principal is held to appear and answer, Ijy the condition of the recognizance, and delivering
404 1863.— Chapters 60, 61.
to the jailer a certified copy of the recognizance, and the principal shall be received and detained by tiie jailer; and any person snrrendered as aforesaid, may Ijc again bailed in the same manner as if committed for not finding sureties to recognize for him. Sureties may sur- SECTION 2. At anv time after default made upon the
render principal . i-i i i- ••i-xi
after default and recognizance, bail may surrender their principal in the cou^rtremit pea- j^^^jjj^gj, providcd iu tlic fii'st scction of this act, and the court for the county in which the default upon the recog- nizance is recorded, may on application therefor, being satis- fied that the default of the principal was not with the connivance or consent of the bail, remit the whole or any part of the penalty.
Section 3. Tliis act shall take effect upon its passage.
Approved March 3, 1863.
Chay). 60. "^^ ^^^ ^^ additiox to an actJ to incorporate the massa-
■'■ ' ' CHUSETTS horticultural SOCIETY.
Be it enacted, Sfc, as follows :
May hold real Section 1. The Massachusctts Horticultural Society is hereby authorized to hold real estate to the amount of two hundred and fifty thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved March 4, 1863.
Chat) 61 "^^ "^^^ ^^ INCORPORATE THE BUNKER HILL FIRE INSURANCE "' ' COMPANY.
Be it enacted, Sfc, as follows : Corporators. SECTION 1. Columbus Tyler, E. p. Mackintire, Edwin
T. Adams, their associates and successors, are hereby made Title. a corporation by the name of the Bunker Hill Fire Insur-
Purpose. ance Company, in the city of Charlestown, for the purpose
Powers and re- of making iiisurancc against losses by fire; with all the stnctions. powcrs and privileges, and subject to all the duties, restric-
tions and liabilities, set forth in the General Statutes, which now are or hereafter may be in force, relating to such corporations, c^p^tai stock and SECTION 2. Tlic said corporation shall have a capital stock of one hundred thousand dollars, divided into shares of one hundred dollars each, with liberty to pay in and increase the same to two hundred thousand dollars, and shall have a right to hold real estate for its own use, not exceeding five thousand dollars. Commencement SECTION 3. Said corporatiou may commence business when seventy-five thousand dollars of its capital stock shall have been subscrilied and paid in, in cash.
Section 4. This act shall take effect upon its passage.
Approved March 5, 1863.
of business.
1863.— Chapters 62, 63, G4. 405
An Act to incorporate the type-setting machine company, flffj^y (\'l Be it enacted, S^'c, as follows : ^
Section 1. Charles W. Felt, G. Henry Lodge and Rich- corporators. ard C. Manning, their associates and successors, are hereby made a corporation, by the name of the Type-Setting Title. Machine Company, for the purpose of manufacturing and purpose. selling type-setting machines ; and for this purpose, shall have all the powers and privileges, and be subject to all the Powers and re- duties, restrictions and liabilities, set forth in the sixtieth * "*"°'^^" and sixty-eighth chapters of the General Statutes, and all acts passed subsequent thereto, relative to manufacturing corporations.
Section 2. The said corporation may hold, real estate May hold reai to the amount of fifty thousand dollars, and the whole capi- ** tal stock shall not exceed three hundred thousand dollars, in shares of one hundred dollars each : provided, however^ ProTiso. that said corporation shall not go into operation, until the sum of fifty thousand dollars has been paid in, in cash.
Section 3. This act shall take effect upon its passage.
Approved March 5, 1863.
An Act to confirm certain acts done by george ticknor
CURTIS, as a justice OF THE PEACE.
Be it enacted, Sfc, as follows :
Section 1. All acts done by George Ticknor Curtis, formerly of Boston, in the county of Suffolk, esquire, as a justice of the peace within and for the said county of Suf- folk, between the twenty-seventh day of August, of the year one thousand eight hundred and forty-four, and the first day of December, of the year one thousand eight hundred and fifty-two, be and they hereby are made valid and con- firmed, to the same extent as they would have been valid, had he been, during that interval, duly qualified to dis- charge the duties of the said office.
Section 2. This act shall take effect upon its passage.
Approved March 5, 1863.
Chap. 63.
An Act concerning clerks of courts. Chat) 64
Be it enacted, Sfc, as follows:
Section 1. Whenever an assistant-clerk of the courts Justices may ap- shall be disabled by sickness or other cause, from performing oie'rk pro'^tem- the duties of his office, the justices of the court having by p""*" law the power to appoint such assistant, or a majority of them, may appoint an assistant-clerk pro tempore, who shall perform the duties of that office, until the assistant-clerk shall resume his duties.
14
406 1863.— Chapters 65, 66.
Bonds and com- SECTION 2. Assistaiit-clerks pro tempore shall be sworn
pensatioa. t'ii»i i>
and give bonds m the same manner that assistant-clerks are required to do by law, and shall receive the same salary, to be paid from the county treasury ; and the amount so paid to them shall be deducted from the salary of the assistant- clerk. Section 3. This act shall take effect upon its passage.
Approved March 5, 1863.
Chap. 65. -^^ -^^^ '^*-* PRESERVE A RECORD OF OUR SOLDIERS AND OFFICERS.
Be it enacted, ^c, as follows : Clerks of cities SECTION 1. It sliall be thc duty of the clerk of every pare record ^"of city and towii of this Commonwealth, as soon as may be nXd*u.°s!^"" after the passage of this act, to make out a full and com- plete record of the names of all the soldiers and officers who compose his town's quota of the troops furnished by the Commonwealth to the United States during the present rebellion, stating the place of residence, the time of enlist- ment of each, and the number and designation of his regi- ment and company ; also the names of all who have resigned or been discharged, and at what time and for what cause ; and all who have died in the service, and stating, when practicable, at what time and place and the cause of death, whether by disease, accident, or on the field of battle ; and the promotions of officers and from the ranks, and the date thereof; and the names of all absentees, if any ; and all such other facts as may relate strictly to the military career of each soldier and officer. Record books to SECTION 2. It shall be the duty of the clerk of every city
be procured and , -iiiiii i- i-i,i
preserved. and towii to procurc a suitable blank book in which to make
said record, and to preserve it among the other records of his town, and to make such additions to the same as may be necessary, from time to time, to make said record perfect
Compensation of and Complete, And said clerks shall be entitled to a reason- able compensation for their services and expenses in perform- ing the duties devolved upon them by the provisions of this act, to be paid by their respective cities or towns.
Section 3. This act shall take effect upon its passage.
Approved March 7, 1863.
ChttD. 66. -^ ^^^ "^^ AMEND CHAPTER ONE HUNDRED AND TEN OF THE ACTS ■^' ' OF THE YEAR ONE THOUSAND EIGHT HUNDRED AND SIXTY-ONE.
Be it enacted, ^c, as follows : Tax of 1861, and SECTION 1. Chapter ouc huudrcd and ten of the acts of naiuax, de'finedf the year one thousand eight hundred and sixty^one, is hereby
so amended, that the amount apportioned according to the
1863.— Chapters 67, 68. 407
provisions of said act, of a tax of one thousand dollars iipon
the town of Halifax, in the county of Plymouth, shall be
forty cents, and the number of polls shall be two hundred.
Sp:ction 2. This act shall take elTect upon its passage.
Approved March 7, 1863.
Ax Act to ixcoRroRATE the Baltic marine and fire insurance (JJiQp^ g7,
COMPANY. ^ '
Be it enacted. Sec, as follows :
Section 1. Pennis Condry, William Perkins, Causten corporators. Browne, their associates and successors, are hereby made a corporation by the name of the Baltic Marine and Fire Tuie. Insurance Company, in the city of Boston, for the purpose of Purpose, niakinp; insurance against maritime losses, and losses by fire ; with all the powers and privileges, and subject to all the ^^"jersanddu- duties, liabilities and restrictions, set forth in the General Statutes, which now are or hereafter may be in force, relating to such corporations.
Section 2. The said corporation shall have a capital stock ^^^^^f ^"^"^ of two hundred thousand dollars, divided into shares of one hundred dollars each.
Section 3. The said corporation may issue policies when- Policies, condi-
11 1 r- 1 TT11 f>- *'o° of issue.
ever one hundred and seventy-five thousand dollars oi its capital stock shall have been subscribed and paid in, in cash.
Section 4. This act shall take effect upon its passage.
Approved March 7, 1863.
An Act concerning the winthrop railroad company. Chan 68
Be it enacted, ^'c, as folloics :
Section 1. The time within which the Winthrop Rail- Time for location road Company may locate and construct its road, and obtain extlndef^two*"* the acceptance of its act of incorporation by the mayor and y®"^- aldermen of the city of Boston and the selectmen of tlie town of Winthrop, is hereby extended two years.
Section 2. The said corporation is hereby authorized to May connect with extend its road for the purpose of entering upon and using company.""^' the tracks of the Winnisimmet Railroad Company in the city of Chelsea, in such mode and upon such rates of compensation as may be agreed by said companies. Said Winthrop Rail- conditions, road Company shall not be allowed to use their motive power upon the tracks of the Winnisimmet Railroad Company, without the consent of said corporation ; but said corpora- tion shall, at reasonable times, and for a reasonable compen- sation, draw over the said tracks, the passengers and cars of said Winthrop Railroad Company ; and if said corporations Disagreement of
^ . -, I'll 111 corporations to
cannot agree upon tlie stated periods at which tlie cars sliall be determined by
408
1863.— Chapter 69.
commissioners appointed by S. J. Court.
Award of com- missioners.
Consent of mayor and aldermen of Chelsea.
be so drawn, and the compensation to be paid, the supreme judicial court shall, upon the application of either party, appoint three commissioners, who, after due notice to, and hearing the parties, shall determine such rate of compensa- tion, and fix such periods, having reference to the conven- ience and interests of the corporations, and the public to be accommodated thereby. And the award of the commis- sioners, or a major part of them, shall be binding upon the respective corporations interested therein, until the same shall have been revised or altered by commissioners so appointed ; but no such revision or alteration shall be made within one year after the award.
Section 3. Said corporation shall not extend its road and form said connection with the Winnisimmet Railroad, with- out having first obtained the consent of the mayor and aldermen of the city of Chelsea. Approved March 7, 1863.
Chap. 69.
Location and construction re- quired to com- mence.
CoudltionB.
Connecticut Riv- er Company to maintain switch- es, and allow N. and S. F. Co. to use its tracks and land.
Failure of Conn. River Co. to pro- vide for passage of trains of N. and a. F. and N.
An Act concerning the Northampton and shelburne falls
railroad company. Be it enacted, Sfc, as follows :
Section 1. The Northampton and Shelburne Falls Rail- road Company are hereby required to commence tbe location and construction of their road at the north end of the exist- ing passenger station-house, near Bridge Street, in North- ampton ; to cross said Bridge Street at grade, as near as practicable to the track of the Connecticut River Railroad, in such a way as not to interfere with the car-house occupied by the said Connecticut River Railroad Company, and to connect their road with the track of said railroad south of Bridge Street.
Section 2. The Connecticut River Railroad Company are hereby required to make and maintain suitable switches, and to allow the Northampton and Shelburne Falls Rail- road Company to pass their trains and engines over the track and land of said Connecticut River Railroad Com- pany on the easterly side of said station-house, in such way and manner as to enable said Northampton and Shelburne Falls Railroad, properly and conveniently to connect with the New Haven and Northampton Railroad wherever tlie same is or may be located, subject to such reasonable regu- lations as may be consistejit with the safety of public travel and the convenient use of said track by said Connecticut River Railroad Company.
Section 3. If at any time or times after the opening for use and travel of the first section of the Northampton and Shelburne Falls Railroad, the Connecticut River Railroad
1863.— Chapters 70, 71. 409
Company shall refuse or neglect to make reasonable arrange- ii. and n. co'a,
/• . 1 i* * 1 * * A to authorize an-
ments lor the passage of irauis and engines going to or pointm't of com- Cuming from the Northampton and Shelburne Falls Rail- ^'~//^«^^y''"- road and the New Haven and Northampton Railroad, either party may apply to a judge of the su[)erior court f<H" the appointment of three commissioners, whose duty it shall he to establish, for the next succeeding three years, suitable regulations under which the trains and engines may pass on the easterly side of said station-house, to reach to and return from the track of the New Haven and Northampton Rail- road, and the compensation to be paid therefor ; and such regulations shall be administered by the Connecticut River Railroad Company.
Section 4. All acts and parts of acts inconsistent here- Repeal. with are hereby repealed. Approved March 7, 1863.
An Act to incorporate the Massachusetts powder works, (^l^j^ 7Q Be it enacted, S\'c., as follows : -^
Skction 1. Addison G. Fay, Thomas M. Tolman, Sam- corporators. uel Potter, their associates and successors, are hereby made a corporation, by the name of the Massachusetts Powder Title. Works, for the purpose of manufacturing powder in the purpose. town of Barre, in the county of Worcester ; and for this Powers. purpose shall have all the powers and privileges, and be subject to all the duties, restrictions and liabilities, set fortii in the sixtieth and sixty-eighth chapters of the General Statutes, and all acts -jjassed subsequent thereto, relating to manufacturing corporations.
Section 2. The said corporation may hold for the pur- capital. poses aforesaid, real estate to the amount of fifty thousand dollars, and the whole capital stock of said corporation shall not exceed one hundred thousand dollars : provided, how- proTiso. ever, that said corporation shall not go into operation until the sum of seventy thousand dollars of its capital stock has been paid in, in cash.
Section 3. This act shall take effect upon its passage.
Approved March 7, 1863.
Chap. 71.
An Act concerning schedules to be filed by insolvent
DEBTORS.
Be it enacted, §'c., as follows :
Section 1. If the schedules to be delivered to the regis- Failure to deiwer ter of the court of insolvency within five days after the date defeat" dVimrge" of the warrant, as provided in the first section of the one ^^^101.^'*^""°^ hundred and seventy-ninth chapter of the acts of the year eighteen hundred and sixty-two, are not so delivered, througii
410 1863.— Chapters 72, 73.
accident or mistake, tliey shall be so delivered as soon there- after as may be, at or before the first meeting of creditors ; and the delay or omission to deliver them sooner shall not affect or operate to defeat the granting of the certificate of discharge, unless such omission or delay occurred through the fault of the insolvent debtor, i^epeai. Section 2. All acts and parts of acts inconsistent with
this act are hereby repealed.
Section 3. This act shall take effect upon its passage.
Approved March 10, 1863.
Chan 72. -^ ■^'-'^ ^^ addition to an act for supplying the city of wor- ^ ' ' cester with water.
^e it enacted, Sfc, as follows: City may hold SECTION 1. The city of "Worccstcr is hereby authorized ters,7r/pVs, to take, hold and convey the waters collected and flowing neLsa™ywork°. f^om the castcrly slope of Millstone Hill, so called, in said city, in and upon the land of Henry Putnam, in the best and most convenient manner and direction, over, through and across any streets, highways and lands in said city, into Bell Pond, so called, and thence into the city reservoir and aqueduct, and to lay any pipes, and build and maintain any works necessary therefor. Damage sus- SECTION 2. All damage sustained by taking land or cktoed within otherwisc, may be ascertained, determined and recovered in one year. ^^iQ mauucr providcd by law in case of land taken for high-
ways : but no proceedings shall be tommenced after the lapse of one year after the damage occurred.
Section 3. This act shall take effect upon its passage.
Approved March 11, 1863.
Chap. 73.
An Act concerning the fisheries in taunton great river. Be it enacted, Sfc, as follows :
Provisions of act SECTION 1. The provisions of chaptcr four hundred and of 1855, extend- ^^^^ ^|> ^j^g ^^^^ ^^ ^I^q ^q^^. eighteen hundred and fifty-five,
relating to the catching of shad and alewives in Taunton Great River, and the Newmasket River, are hereby extended to all waters connected with the Newmasket River, within the towns of Middleborough and Lakeville. Fish wardens, SECTION 2. It shall be tlic duty of the fish wardens duties defined. (.]^Qgg,j \yj ^^e towu of Middlcborough, under the provisions of chapter four hundred and one, section nine, of the acts of the year eighteen hundred and fifty-five, either personally or by the assistants by them appointed and employed, to use all needful care, watcli and inspection, to prevent any violation of any of the provisions of said act, from a point
1863.— Chapters 74, 75. 411
one mile and a half below tiie dam at Squawbetty Village
up to the waters of Assawampscott Pond ; the expense of Expense, how
wliich earc, watch and inspection, shall be paid by said town ^'"'^'
of Middlcborough ; and tlie other towns on said Taunton
Great River shall annually pay to said town of Middlebor-
ough, for reimbursement for their share in the benefits to be
derived by them for said care, watch and inspection, the
sums following: The city of Fall River and the town of
Freetown, ten dollars each ; the towns of Somerset, Digli-
ton, Berkley and Raynham twenty dollars each, and the
town of Taunton thirty dollars. And the said town of Muwieborough
Middleborough may recover the same in an action of con- ""^^ reco^".
tract in any court of competent jurisdiction
Section 3. Any person who shall beat upon the ground, Penalty for dis- or do any act whatsoever whereby said fish in said rivers tu'^ng ash. shall be disturbed, driven, destroyed or delayed, from the first day of March to the tenth day of June in each year, contrary to the meaning and intent of the provisions of chapter four hundred and one of the acts of the year one thousand eight hundred and fifty-five, shall be subject to all the pains and penalties named in the eleventh section of said act.
Section 4. This act shall take effect upon its passage.
Approved March 12, 1863.
Chap. 74.
Ax Act to authorize prince s. crowell to build a wharf in
FALMOUTH.
Be it enacted, &-c., as follows:
Prince S. Crowell is hereby authorized to build a wharf in front of his land, at the head of Great Harbor, at Wood's Hole, in the town of Falmouth, extending the same not more than two hundred feet from high-water mark, and shall be allowed to lay vessels thereat, and to collect wharf- age and dockage therefor : provided, that this grant shall not affect the legal rights of any person.
Approved March 12, 1863.
An Act to amend " an act concerning pilotage." Be it enacted, Sfc, as follows. •
The sixth section of chapter one hundred and seventy- pnots to pay four six of the acts of the year one thousand eight hundred and P.^tsTocommu- sixty-two is hereby so amended that the pilots shall collect sioners. and ]iay over to the commissioners four per cent, of all moneys received for pilotage, instead of three per cent, provided for in said section.
Approved March 12, 1863.
Chap. 75.
412
1863.— Chapters 76, 77.
Chap. 76.
May use or char- ter to U. S., ves- sels owned or chartered by company.
Personal proper- ty.
Act of 1859 to re- main in force, notwithstanding, etc.
Inconsistent pro- visions repealed.
An Act relating to the " union steam-ship company." Be it enacted, §"c., as follows:
Section 1. Permission is hereby given to the Union Steam-ship Company to use any steam-ship or steam-ships, now or hereafter owned, chartered or hired by them, or to let, to freight or to charter the same to the United States or to any state, corporation or person, for any trade or pur- pose authorized, and between any ports or places open by the treaties and laws of the United States : provided, said ship or sbips shall not ply between the port of Boston and the ports of Philadelphia, Baltimore, Charleston and Savan- nah, or either of them, except when in the service of the United States.
Section 2. Said company may hold personal property not exceeding in value one million of dollars.
Section 3. The one hundred and eighty-seventh chapter of the acts of the year eighteen hundred and fifty-nine, shall remain in force, notwithstanding any failure on the part of said company to comply with the latter portion of the fifth section of said act relating to the route and employ- ment of the ships of said company.
Section 4. Any portions of the acts creating or specially relating to said company, which may be inconsistent with this act, are hereby repealed.
Section 5. This act shall take effect upon its passage.
Approved March 12, 1863.
Chat) 77 "^^ ^^^ ^^ incorporate the new ENGLAND HOSPITAL FOR WOMEN
AND CHILDREN.
Corporators.
Title. Purpose.
Be it enacted, Sfc, as folloivs :
Section 1. Lucy Goddard, Marie E. Zakrzewska, Ednah D. Cheney, their associates and successors are hereby made a corporation by the name of the New England Hospital for Women and Children, for the purpose of establishing and maintaining in the city of Boston, or its vicinity, a hospital for the treatment of the diseases of women and children, and of giving therein clinical instruction to female students Powers and du- of mcdicinc, and of training nurses ; with all the powers *'®^' and privileges, and subject to all the duties, liabilities and
restrictions, set forth in the sixty-eighth chapter of the General Statutes.
Section 2. The said corporation may take and hold real estate not exceeding in value fifty thousand dollars, and personal property not exceeding in value fifty thousand dol- lars, all of which shall be devoted to the purposes aforesaid.
Approved March 12, 1863.
Peal and person' al property.
1863.— Chapters 78, 79. 413
A\ Act giving jurisdiction to police courts in cf.utain casks. rVw... 'Tw Be it enacted, vVc, as follows :
Section 1. The several police courts in this Coiumoii- concurrotjuris- wealth shall have concurrent Jurisdiction with the superior pl^^r" court de- court, of all olTenccs under the sixth and seventh sections "^'^'i- of chapter eighty-seven of the General Statutes, and of all complaints under the common law, for the keeping and maintenance of a common, ill-governed and disorderly house.
Section 2. Whenever final jurisdiction is exercised hy imitation of any police court in such cases, the punishment shall he ot Hna^junTaTc- limited to a fine not exceeding one hundred dollars, and "''°- imprisonment not exceeding one year in the jail or house of correction.
Section 3. This act shall take effect upon its passage.
Approved March 12, 18G3.
Chap. 79.
Ax Act in further addition to an act in aid of the families
of volunteers. Be it enacted, S^'c, asfulloics:
Section 1. Any town or city may raise money by tax or selectmen or cuy
,1 • J •/? 1 J.1 J ii J • council may raise
Otherwise, and it necessary apply the same, under the direc- money and aid tion of its selectmen, or city council, for the aid of tlie ceased sowiLs^*" widow, children, parent, brothers or sisters, of any inhabi- tant of said town or city, and upon whom they were depend- ent, who may have died while in the service of the United States: provided, said inhabitant were a volunteer duly Proviso, enlisted and mustered into the service of the United States, and his wife, children, parent, brothers or sisters, were entitled, prior to the decease of said volunteer, to receive aid under the provisions of chapter sixty-six of the laws of the year one thousand eight hundred and sixty-two.
Section 2. Any town or city may raise money and apply May mise and the same, in manner as provided in the first section of this ^fmi[ie°'°ot''soT act, for the aid of the wife, children, parent, brothers or a^XabTed"^*"* sisters, of any inhabitant of said town or city, and upon whom they were dependent, who may have been disabled while in the service of the United States, and discharged from said service by reason of any disability contracted in or caused by said service, thereby rendering said inhabitant unable to provide for those dependent upon him : provided, Provisos. that said inhabitant were a volunteer duly enlisted and *. mustered into the service of the United States, and his wife, children, parent, brothers or sisters were entitled, prior to his said discharge, to receive aid under the provisions of chapter sixty-six of tlie laws of the year one thousand eight hundred and sixty-two ; and provided, also, that the pro--
15
414 1863.— Chapter 80.
visions of this section shall apply to the widow, children, parent, brothers or sisters, of any such volunteer deceased after his discharge, by reason of disability or disease con- tracted while in the service.. Act of 1862, ch. Section 3. All the provisions of the fourth and fifth der this'^rcc:'' "°" scctious of chapter sixty-six of the laws of the year one thousand eight hundred and sixty-two, concerning the reim- bursement of money from the state treasury, and annual reports to the auditor, shall be applicable to the money applied under the provisions of this act. Limitations of SECTION 4. No sums shall be so applied to the widow,
time, and condi- •fi-ii • o
tions defined. wiic, cluldreu, parent, brothers or sisters, of any such deceased or disabled volunteer, for a period of more than one year, or after the payment to them, or either of them, of any suras under the provisions of the pension act of con- gress, passed July fourteenth, in the year one thousand eight hundred and sixty-two ; and if any town or city has furnished aid to the widow, wife, children, parent, brothers or sisters of any such deceased or disabled volunteer, prior to the passage of this act, the time during which said aid has been furnished, shall be included in computing tlie period of one year ; and said town or city shall have the same right of reimbursement as in cases of aid furnished after the passage of this act. And the word " children," in this act, and in all acts to which this is in addition, shall be construed to include step-children.
Section 5. This act shall take effect upon its passage.
Approved March 12, 1863.
ChctlJ. 80. -^^ ^^^ ^*-* INCREASE THE NUMBER OF DIRECTORS OF THE BANK OP ^ ' ' MUTUAL REDEMPTION.
Be it enacted, §'c., as follows : '
Number defined. SECTION 1. The number of directors of the Bank of
Mutual Redemption shall consist of not less than nine, nor Proviso. more than fifteen persons : provided, that at least two-thirds
of the directors shall be inhabitants of this state, and ail of
them inhabitants of the New England states. Inconsistent pro- SECTION 2. Sucli parts of scctiou third, chapter four
■oiainnatrpnafllorl. t n r PI O \ •! ^
hundred and filty, oi the acts oi tlie year eighteen hundred and fifty-five, and section third, chapter one hundred and twenty-six, of the acts of the year eighteen hundred and fifty-six, as are inconsistent herewith, are hereby repealed^
Approved March 12, 1S63.
■visions repealed.
1863.— Chapter 81. 415
An Act to ixcorporatk thk kast falmoutii iikukixg river QI)r,n ftl
COMPANY IN FALMOUTU. -t '
Be it enacted, iVc, as follows :
Section 1. Ileniy F. Hatch, Benjamin H. Hatch, Robert corporators. H. Hatch, and Isaac II. Ilatcli, their associates and succes- sors, arc herel)y made a corporation l)y the name of the East Title. Fahnouth Herring River Company in Falmouth, and are Authority. empowered to open a brook or ditch through their own land from Ashumet Pond to Bourne's Pond, so called, and from thence to the \'ineyard Sound, with full powers to regulate the same so far as is necessary for an alewive fishery ; and Restrictions. for this purpose said corporation shall have all the powers and privileges, and be subject to all the duties, restrictions and liabilities set forth in the sixty-eighth chapter of the General Stahites.
Section 2. Whoever without the permission of said cor- Penalty for tres- poration, shall take any alewives from said brook or river, ^"^^^^ shall forfeit and pay a fine of five dollars, to be recovered before any court proper to try the same.
Section 3. All persons who may be owners of land Adjoining land through which said brook passes, or which adjoins the same, memblisi^^ may become members of said corporation ; subject, how- ever, to pay their proportional part of the expenses which shall have been incurred by said corporation before the time of their admission.
Section 4. If any damage shall be done by said corpora- Liability of.cor- tion to the property of any person not a member thereof, po^^^Q^fo-^ <!»«»- such individual shall have an action of tort for the injuries. And the members of said corporation shall be jointly and severally individually liable for such damage in an action of tort, in any court having jurisdiction of the case; and any Members, how member of said corporation of whom such damage has ''^'''®' been collected, may have an action of contract against his co-members for contributions.
Section 5. If said brook crosses the highway where no Brook crossing bridge now exists, said corporation shall build a bridge wavrb^dge to°be over the same to the acceptance of the selectmen of the '^"'"• town of Falmouth, and be held to keep the same in repair.
Section G. Nothing herein contained shall authorize ^;";|^g" ^°^^^^^^l said corporation to take or use the property of any person ertytobeobtaia- without his written consent.
Section 7. This act shall take effect upon its passage.
Approved March 12, 1863.
416
1863.— Chapters 82, 83, 84.
Chap. 82.
Town of Rock- port, by its offi- cers, may choose majority of direc- tors.
Gen. Stats., sect. 5, ch. 68, not to apply.
Chap. 83.
Corporators.
Title.
Purpose.
Powers and du- ties.
Repeal.
Chap. 84.
Time for con- struction ex- teuiied.
Estimation of damages.
An Act in addition to " an act to incorporate the rockport railroad company."
Be it enacted, cVc, as follows :
Section 1. The selectmen and treasurer of the town of Rockport, shall have authority to represent said town at any meeting of the Rockport Railroad Company held for the choice of directors of said company, and said town so represented, is hereby authorized to choose a majority of said directors, so long as tliree-fourths of the capital stock, issued by said company, shall be owned by said town.
Section 2. So much of the fifth section of the sixty- third chapter of the General Statutes, as is inconsistent with the provisions of the preceding section, shall not apply to
said Rockport Railroad Company. Approved March 12, 1863.
•
An Act to incorporate the cape cod mutual fire insurance
COMPANY.
Be it enacted, §'c., as folloios :
Section 1. Zebina H. Small, Obed Brooks, Chester Snow, their associates and successors, are hereby made a corpora- tion by the name of the Cape Cod Mutual Fire Insurance Company, to be established in the town of Harwich, for the purpose of effecting mutual insurance, exclusively within the county of Barnstable, upon dwelling-houses, other buildings and personal property, against loss or damage by fire ; witli all the powers and privileges, and subject to all the duties, liabilities and restrictions, contained in the general laws which now are or hereafter may be in force relating to such corporations.
Section 2. Chapter one hundred and fifty of the acts of the year eighteen hundred and sixty-one, incorporating the Cape Cod Mutual Fire Insurance Company, is hereby repealed. Approved March 12, 1803.
An Act concerning the boston, barre and Gardner railroad corporation.
Be it e7iacted, Sfc, as folloios :
Section 1. The time allowed to the Boston, Barre and Gardner Railroad Corporation for constructing their railroad is hereby extended to the first day of July, in the year one thousand eight hundred and sixty-five.
Section 2. The time within whicli application may be made to the county commissioners to estimate damages for land or property taken by said railroad corporation, as pro- vided in the General Statutes, is hereby extended four years from and after the passage of this act, notwithstanding said corporation may have heretofore filed the location of their railroad. Approved March 12, 1863.
18G3.— Chapters 85, 86, 87, 8S. 417
An Act in relation to banks organizkd undkk gknt.hal laws, /"'/.^j, ok Be it enacted^ iSy'., as follows:
Tlic provisions of the one luuulred and ei<!;iitli section of Gen. stats., ch. the tifty-scvcnth chapter of tlie General Statntes are hereby apply!'" ^' '" made applicable to banks organized nnder the general bank- ing laws which sliall annul their charters or close their i)iisi- ness ; and the auditor shall deliver up the plates and dies of every such bank to be disposed of by the court named, and in the manner provided in said section for the benefit of the bank to which they belong. Approved March 12, 1863.
Ax Act relating to snow and ice on the roofs op' buildings* CliaiJ. 86. Be it enacted, as follows:
Section 1. Cities and towns may make by-laws to pre- cuies and towns vent the falling, and to provide for the removal of snow and j!I*^ t^'^preven't ice, from the roofs of buildings, in such portions of their ^^^""^,^^^1";^^*°" limits, and to such extent, as they may deem expedient, and may annex penalties not exceeding twenty dollars, for any violation of such by-laws by the owner of any such building, or his agent having the care thereof.
Section 2. All acts and parts of acts inconsistent here- Repeal. with are hereby repealed. Approved March 12, 1863.
An Act to authorize the sergeant-at-arms to appoint an QJmy)^ §7,
assistant. ^
Be it enacted, i^'c, as follows:
Section 1. In case of the disability or necessary absence May appoint sub- of the sergeant-at-arms, he may appoint, sultject to the i7pre."id?nroffi- approval of the presiding officers of the two brunches of the ^'■" "^ '^g'^'='- legislature, or during the recess of the legislature, of the emor. governor, a suitable person to perform the duties of the office of sergeant-at-arms, during such disability or absence, to be called the assistant sergeant-at-arms ; and the compen- sation of such assistant shall be paid by the sergeant-at-arms.
Section 2. The sergeant-at-arms shall be responsible Responsibility of for the fidelity and good conduct of the assistant sergeant- am?Tenure'o™8l at-arms, in his said capacity as such assistant ; and such eistant. assistant may be removed from his said office for miscon- duct or other sufficient cause, by the legislature, or, during the recess of the legislature, by the governor and council.
Section 3. This act shall take effect upon its passage.
Approved March 14, 1863.
Chap. 88.
An Act in addition to an act concerning the neponset bridge
AND BRAINTREE AND WEYMOUTH TURNPIKE.
Be it enacted, ^'c, as follows :
Section 1. The fund accrued under the provisions of Fund acerund chapter two hundred and twenty-three of the acts of the year """*" *'''• '^^^
418 1863.— Chapter 89. -
on«.57, how eighteen hundred and fifty-seven, amounting on the first day of January, eighteen hundred and sixty-three, to the sum of seven thousand two hundred and twenty-four dollars and seventy-two cents, together with its future accumulations from tolls, contributions or other sources, shall be applied as provided in the following section. County commis- SECTION 2. Whenever said fund shall amount to the sum on petition of of fifteen tliousaud dollars, the collection of tolls on the ro"tion%und7o bridges mentioned in said act shall be discontinued, and the ^kigesue "^^^"^ county commissioners for the county of Bristol, on the peti- tion of the trustees of said fund, or of any other person or party interested, and after notifying and hearing all parties interested, and viewing the premises in the manner provided in sections three and four of the forty-third chapter of the General Statutes, shall proceed to apportion said fund between the towns wherein said bridges lie, as they shall determine to be just, having regard to all the equities involved. Towns to be paid SECTION 3. The trustccs sliall thereupon pay over the mfiy°and*there- mouey SO apportioned to the towns respectively entitled of^bridgel? ''"^ thereto, and said towns shall thenceforth have the care, maintenance and repair of the bridges within their limits, and be subject to the same duties and liabilities in relation thereto, as exist in regard to other highways ; and the selectmen of said towns shall have and exercise within their respective limits, like powers in relation thereto, as have been heretofore reposed in the corporations and trustees : Proviso. provided, that said bridges and turnpikes shall be forever
free from tolls. Quincy Railroad SECTION 4. Nothing in this act shall affect the rights, main"° ^ ° "" dutics and liabilities of the Quincy Railroad Corporation
having a track located upon the Neponset Bridge.
be"coiie?ted and SECTION 5. Nothiug iu this act contained shall prevent
shall be 'paid thc collcctiou of auy sums due for tolls when said bridges
become public higiiways : but arrearages shall be collected
by the trustees, and paid over to the same towns and in the
same proportions as the principal fund shall have been paid.
Section 6. This act shall take effect upon its passage.
Approved March 14, 1863.
Chaj). 89.
An Act for the protection of pickerel ix clapp's pond. Be it enacted, Sfc, as follows: Monopoly grant- SECTION 1. Ricliard C. Hartford, hls heirs and assigns, are
ed for ten years. • i -, , i • • \ , j , ^ • i i p
hereby entitled to the exclusive right to take pickerel irom Clapp's Pond, so called, in the town of Provincetown, for
lbG3.— CHirTERs 90, 91. 419
the term often years from tlie passage of this act: provided^ Proviso, tlic consent of the owners of said pond be first obtained.
Section 2. Any person taking pickerel from said pond Penalty for tres- contrary to the })rovisions of tliis act, shall, on conviction in any court having jurisdiction of the offence, be fined not exceeding one dollar to the use of the Commonwealth.
Approved March 14, 18G3.
Chap. 90.
An Act concerning the essex railroad company and the
KASTEllN RAILROAD COMPANY.
Be it enacted, ^'c, as follows :
Section 1. The Essex Railroad Company is hereby Transfer of es-
.,,, „ , .',,''.. .. sex franchise to
authorized to sell, transier and convey its Irancliise, privi- Eastern co. au- legcs and all its property both real and personal, to the "^""'''^^ Eastern Railroad Company, and the Eastern Railroad Com- pany is hereby autiiorized to receive such sale, transfer and conveyance, upon the terms and conditions recited in a con- tract dated the fifth day of July, in the year eighteen hun- dred and fifty-two, and assented to by said Essex Railroac^ Company, at a stockholders' meeting held on the eighteenth day of July, in the year eighteen hundred and fifty-three ; or upon such other terms and conditions as may be mutu- ally agreed by said corporations : provided, however, that Pfo^so. such sale, transfer and conveyance, and all the terms and conditions thereof, shall be ratified by the stockholders of eacii of said corporations, at meetings legally called for that purpose, on or before the first day of August next.
Section 2. When such sale, transfer and conveyance are Eastern co. to be made and completed, as aforesaid, said Eastern Railroad powerfof Esse\. Company shall have all the rights and privileges, and shall be sul)ject to all the duties, restrictions, debts and liabilities, to which the said Essex Railroad Company is or may be subject ; and the said Eastern Railroad Company shall fj^Ystock*'^ "'''''' thereupon be empowered to increase its capital stock, by an amount not exceeding three hundred and fifty thousand dollars beyond the amount now authorized by law.
Section 3. Nothing in this act contained shall impair Rights of credi-
, . , 1. P T /• 1 • 1 T-i 7> -1 *■""■ "f Essex not
tlie rights or remedies ot any creditor oi the said Ji<ssex Itail- impaired. road Company. Approved March 14, 1863.
An Act to promote enlistments and regulate recruiting. Chan 91 Be it enacted, ^-c, as follows :
Section 1. No town or city shall hereafter raise or Bounties by expend money for the pur{)Ose of offering or paying boun- ^"^"^ p-^^^^ibited. ties to volunteers: provided, hoivever, tliat the provisions of Proviso. this section shall not apply to the action of any town or city
420 1863.— Chapter 91. .
prior to the passage of this act ; and provided, also, that any city or town may offer and pay bounties not exceeding one hundred dollars for each volunteer to be enlisted and mus- tered into the volunteer military service of the United States for three years, towards supplying any existing defi- ciency in its quota of troops called for by the president and ordeied to be drafted during the year eighteen hundred and Penalty for re- sixty-two. It sliall uot bc lawful for any person, within the authorfty^'""""' territory or jurisdiction of this Commonwealth, to recruit for or enlist in military service, except under the authority of the governor thereof, or of the president of the United States ; and every person so offending shall be deemed guilty of a misdemeanor, and fined not exceeding one thou- sand dollars, to be prosecuted and recovered before any competent court of the Commonwealth. Governor may SECTION 2. The govcmor is autliorizcd to offer and pay t'hree^years^%o*i- bouutics uot exccediug the rate of fifty dollars each, to vol- unteers raised uutccrs for the military service of the United States, who
under authority iiti t • i-i
of U.S. may hereafter enlist and be duly mustered into the said
service during the present war, as members of any regiment or company heretofore or hereafter raised for three years' service, under the authority of the president of the United States, and organized as a part of the contingent of Massa- chusetts, to be taken into account and allowed for, in assign- ing to this Commonwealth, or to any congressional or mili- tary district tliereof, their respective quotas under any call or draft which may hereafter be made or ordered by the May expend for president of the United States. And the governor is further vouuteers"' for authorizcd to usc and expend, in and about the procurement new and pre-ex- of sucli voluiitcers to rccruit the corps of Massachusetts three
isting regiments. 51. • ,1 • j 4, 1 ft-
years volunteers now in the service, and those liereaiter raised, whether in the employment of recruiting agents, in subsistence, transportation, and such other reasonable expen- diture as he shall judge necessary and expedient, a sum not exceeding twenty-five dollars for each volunteer, who may hereafter be mustered into a pre-existing regiment or com- pany, and sums not exceeding in their aggregates twenty-five thousand dollars, for each new regiment of infantry hereafter organized and mustered in, and not exceeding thirty-seven hundred and fifty dollars for each company of artillery, and not exceeding twenty-five hundred dollars for each company of cavalry, hereafter organized and mustered in as aforesaid. May pay bounties SECTION 3. Tlic govcmor is authorizcd to offer and pay bounties, not exceeding the rate of twenty-five dollars each, to such of the Massachusetts volunteers, now in the service of the United States, as may re-enlist to serve for any term
1863.— Chapter 92. 421
less than tliroc years, but not less than one, after the expira- tion of their present service.
Skction 4. For the purj)ose of meeting tlie expenses to be Bounty r.md cs- incurred under this act, a fund is hereby created to be called pue'orscdp au- the Bounty Fund ; and the treasurer of the Commonwealth, "io"ze<i. under the direction of the governor and council, is hereby authorized from time to time to issue scrip or certificates of debt bearing interest at a rate not exceeding six per cent, per annum, payable semi-annually on the first days of January and July in each year, and redeemable in not less tiian ten nor more than thirty years, in the name and on behalf of the Commonwealth, and under his signature and the seal of the Commonwealth, to an amount not exceeding fifteen hundred thousand dollars ; and the proceeds of such scrip so issued shall be passed to the credit of said bounty fund, and the same is hereby appropriated for the purpose of paying all liabilities to be incurred under the provisions of this act.
Section 5. There shall be raised by taxation in each one-tenth part year, commencing with the year eighteen hundred and sixty- rS'^^by *taxat four, a sum equal to one-tenth part of the whole amount t'o^^a'^^'^ f"°'i«<i- found by the report of the treasurer to have been drawn from said bounty fund ; and the sum so raised from year to year, shall be pledged and held as a sinking fund to be invested in the scrip of the United States, or in the scrip or certificates of debt of this Commonwealth. ^
Section 6. This act shall take effect upon its passage.
Approved March 17, 1863.
Ax Act to incorporate the father mathew mutual benevo- Qfiar), 92.
LENT total abstinence SOCIETY. ■'
Be it enacted, Sfc, as follows :
Section 1. John McNeills, James McFague, Timothy corporators. McCarty, their associates and successors, are hereby made a corporation by the name of the Father Mathew Mutual xitie. Benevolent Total Abstinence Society, for the purpose of promoting the cause of temperance in the city of Charles- Location. town, in the county of Middlesex, and of benefiting the con- dition of their members, by assisting them in time of sickness ; with all the powers and privileges, and subject to powers and du- all the duties, liabilities and restrictions set forth in the "^^' sixty-eighth chapter of the General Statutes.
Section 2. Said corporation may take and hold real Reai and person- estate not exceeding ten thousand dollars, and personal *'*^'*'^- property not exceeding five thousand dollars, for the purposes aforesaid.
Section 3. This act shall take effect upon its passage.
Approved March 17, 18G3. 16
422 1863.— Chapters 93, 94, 95.
Chan 93 '^^ ^'^^ ^^ incorporate the very reverend father mathew -'' ' ' mutual benevolent total abstinence society.
Be it enacted, §'c., as follows:
Corporators. SECTION 1. Richard O'Flyiin, John B. O'Leary, Michael
McLaughlin, their associates and successors, are hereby
Titifl. made a corporation by the name of the Very Reverend
Father Mathew Mutual Benevolent Total Abstinence Socie-
Location. ty, for the purpose of promoting tlie cause of temperance in
the city of Worcester, in the county of Worcester, and of benefiting the condition of their members in time of sick-
Powers and du- ncss, and by other charitable assistance ; with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth in the sixty-eighth chapter of the General Statutes.
Real and person- SECTION 2. Said corporatioH may take and hold real estate not exceeding ten thousand dollars, and personal property not exceeding five thousand dollars, for the purposes aforesaid.
Section 3. This act shall take effect upon its passage.
Approved March 17, 1863.
Chap. 94. -^^ ■^^'^ "^o incorporate the hadley company.
Be it enacted, Sfc, as follows :
Corporators. SECTION 1. Gcorge W. Lymau, James W. Paige and
Abbott Lawrence, their associates and successors, are hereby
^Titie. made a corporation, by the name of the Hadley Company,
Purpose. fQp i\^Q purpose of manufacturing wool, cotton, or other
fibrous materials, in the town of Holyoke, in the county of
Powers and du- Hampden, and for this purpose shall have all the powers and privileges, and be subject to all the duties, restrictions and liabilities, set forth in the sixtieth and sixty-eighth chapters of the General Statutes, and all acts passed subse- quently thereto, relating to manufacturing corporations.
Real and person- SECTION 2. Tlic Said Corporation may hold, for the purposes aforesaid, real estate to the amount of five hun- dred thousand dollars, and the whole capital stock of said corporation shall not exceed eight hundred thousand dollars. Section 3. This act shall take effect upon its passage.
Approved March 18, 1863.
Chan 95 ^^ ^^^ ^^ authorize the cape cod railroad company to build
"' ' A wharf.
Be it enacted, ^c, as follows : May build in SECTION 1. The Capc Cod Railroad Company, its suc- i8irnd,°unWMe- ccssors and assigns, are hereby authorized to build and ham. maintain a wharf in front of said company's premises,
known as " Tim's Island," in Wareham, in the county of
1863.— Chapters 96, 97. 423
Plymouth, and to extend the same at right angles with the track of said company into the Wankinco River not over one hundred and fifty feet from the front of the wall upon said premises as the same now stands ; and said company, Prwueges. its successors and assigns, shall have the right to lay vessels at the end and sides of said wharf, and to collect and receive wharfage and dockage therefor: provided^ lioioever, that Proviso, this grant shall not interfere with the legal rights of any person whatever.
Section 2. This act shall take effect upon its passage.
Approved March 18, 1863. An Act to authorize the town of Chatham to take stock in QJ^f^n 96
THE CAPE COD CENTRAL RAILROAD COMPANY. "'
Be it enacted, ^'c, as follows :
Section 1. The town of Chatham is hereby authorized May hoid to to subscribe for and hold shares in the capital stock of the ?"ou"and°douar3^ Cape Cod Central Railroad Company, to the amount of fifty thousand dollars, and to pay for the same out of the treasury of the town, and to hold the same as town property, subject to the disposition of the town for public purposes, in like manner as any other property which it may possess.
Section 2. The said town of Chatham is hereby author- May raise money
, .,...,, ,, "" , by loan or tax
ized to raise, by issuing its bonds, or by loan or tax, any therefor. sums of money which shall be required to pay its instal- ments or its subscriptions to said stock and interest thereon.
Section 3. The committee appointed by a vote of said committee of town of Chatham, to petition this legislature for the author- for number of ity granted in the first and second sections of this act, are nSng^n^Feb- hereby authorized to subscribe in behalf of said town for j;^"^;te of to^ tlie number of shares in the capital stock of said Cape Cod for first airectora. Central Railroad, as was voted by said town, at a meeting held on the third day of February, eighteen hundred and sixty-three ; and said committee are hereby further author- ized to cast the vote of said town in the choice of directors for said road, at the first meeting of the stockholders called for that purpose ; and thereafter the vote of said town in Thereafter vote
1 1 • /. T 1111 ,1,1 to be cast by per-
the choice of directors shall be cast by the person or persons sons designated, said towns may appoint.
Section 4. This act shall take effect upon its passage.
Approved March 18, 1863.
An Act in addition to an act to incorporate the salem and QJiqjj 97^
south danvers railroad company. ^ '
Be it enacted, Sfc, as follows:
Section 1. The Salem and South Danvers Railroad May extend over Company are hereby authorized to extend their railroad to^lseyeriyf ard
424 1863.— Chapter 97. .
construct, with Qver the Essex Brido-e, to and in the town of Beverlv, with
assent of munici- , ^ ^ • , • i m i • "i
pauties, over powcr to construct, maintain and use a railroad, with con- ways'^ 1^0°*^ sailm venient single or double tracks, from such point or points in and Beverly. i\^q ^ity of Salem as shall be fixed by the mayor and alder- men of said city, with the assent in writing of said corpora- tion, filed with said mayor and aldermen, and upon and over such streets and highways of said city as shall be from time to time fixed and determined by said mayor and alder- men, with the assent in writing of said corporation filed as aforesaid, to the Essex Bridge, and then upon and over the Essex Bridge to the town of Beverly, and then upon and over such of the streets and highways in tiie town of Beverly as shall be from time to time fixed and determined by the selectmen of said town, with the assent in writing of said corporation, filed with said selectmen, and also upon and over such other land in said city or town as said corporation Tracks, condi- may clcct to build their road or roads upon or over. Said jing. p^j|j.Qj^(j track or tracks shall be laid at such distance from the sidewalks in said town or city as the selectmen of said town, and mayor and aldermen of said city shall, respec- tively, within the limits of their several jurisdictions, in their order fixing the routes of said railroad, determine to be for the public safety and convenience. Municipality to SECTION 2. Bcforc proceeding to locate the track or fiTutter^tbyVb" tracks of Said railroad in any street or highway, as aforesaid, lication before jjj g^id towu of Bcvcrlv Or said city of Salem, the selectmen
locating track. n • j . •' j ^A r • j • ^
of said town or mayor and aldermen of said city, respec- tively, shall give notice to the abutters thereon, by publica- • tion in such newspapers as said selectmen or mayor and aldermen shall determine, at least fourteen days before such meeting, of the time and place at which they will fix and determine the location and manner of construction of such track or tracks ; and such abutters may then and there appear, and show cause, if any there be, why said track or tracks should not be so located and constructed.
City and town SECTION 3. Said railroad shall be constructed and main- authorities to de- , • 1 . 1 /. T 1 11
termine construe- tauicd 111 sucli foriu and mauuer, and upon such grade, as tion and grade. ^^^^ selectmen of Said town and mayor and aldermen of said city, respectively, shall, by their votes, fixing and determin- ing the routes thereof, as aforesaid, prescribe and direct; and whenever, in the judgment of said corporation it shall be necessary to alter the grade of any street so occupied by it, the sole expense of said alteration shall be paid by said corporation ; and such alteration shall not be made unless the assent of the selectmen of the town or mayor and alder-
18613.— Chapter 98. 425
men of the city within wliich it is proposed to be made, shall first be obtained.
Skction 4. The i-ailroad tlius autliorized to be built and Provisions of act maintained, shall be built and maintained subject to all the apjly'!""^"""^ restrictions and liabilities contained in the act to which this Is in addition. And the gauge of said railroad shall be four Gauge. feet eight and' one-half inches.
Section 5. The county commissioners for the county of Essex Bridge, Essex, upon a proper application, shall fix and determine anT'Tompenl" the manlier of construction of such railroad over the Essex tion for howde-
T» • 1 11 • 1111 • 1 1 termineu.
Uridge, and also what compensation shall be paid to tlie Commonwealth for the use of Essex Bridge.
Section 6. The said corporation are hereby authorized capital, increase to increase their capital stock by an amount not exceeding shareTdefined" seventy-five thousand dollars, to be divided into seven hun- dred and fifty shares of one hundred dollars each.
Section 7. The mayor and aldermen of the city of Salem Mayor and aider- are hereby authorized to hear and determine anew the mode deTprmine'Tnew of construction of the road to be built by this corporation ^lotiacny^^'^'^'^' througii and upon the streets of said city, in the same man- ner as though no proceedings had been had, and all pro- ceedings in regard to the same shall be according to the second section of the act to which this is in addition.
Section 8. This act shall take effect upon its passage.
Approved March 18, 1863.
Chap. 98.
An Act to incorporate the hancock mills. Be it enacted^ ^"c, as follows :
Section 1. Erastus B. Bigelow, James L. Little, Benja- corporators. min E, Bates, their associates and successors, are hereby made a corporation by the name of the Hancock Mills, for Title. the purpose of manufacturing worsted goods, and any fabric. Purpose. yarn or thread composed wholly or in part of either cotton, wool, flax, silk, hemp or jute, and the machinery requisite therefor, in the town of Holyoke, in the county of Hamp- Location. den ; and for this purpose shall have all the powers and powers and du- privileges, and be subject to all duties, restrictions and '"'^' liabilities, set forth in the sixtieth and sixty-eighth chapters of the General Statutes, and the two hundred and eighteenth chapter of the acts of the year one thousand eight hundred and sixty-two, and all general acts passed after the enact- ment of the General Statutes relating to manufacturing corporations.
Section 2. The said corporation may hold for the pur- capital stock. poses aforesaid, real estate to the amount of five hundred thousand dollars; and the whole capital stock of said corpo-
426 1863.— Chapters 99, 100, 101, 102.
ration shall not exceed one million five hundred thousand dollars.
Section 3. This act shall take effect upon its' passage.
Approved March 18, 1863.
Chap. 99.
An Act concerning persons confined in jail.
Be it enacted, §'c., as follows :
em°Io*' ed ""Y on SECTION 1. The commissioners of the several counties
lands and build- cxccpt Sufifolk, and tlic board of directors for public institu-
ingso county, ^j^j^g -j^ Bostou maj, with the assent of the master'or keeper
of any jail, employ any person confined therein pursuant to
a sentence, upon conviction of an offence, to labor upon the
public lands and buildings belonging to the county.
Section 2. This act shall take effect upon its passage.
Approved March 18, 1863.
Chan 100 -^^ ■^^'^ concerning horse railroad companies.
JBe it enacted, §'c., as follows :
d finT ^^"^^ Section 1. All railroad companies now established or hereafter established, for the carriage of passengers, and required by their charters to operate their roads by horse- power only, shall construct and maintain their tracks or road, of the uniform gauge of four feet eight and one-half inches.
Section 2. This act shall take effect upon its passage.
Approved March 18, 1863. Chap. 101 ■^'^ -^^^ concerning investments of the sinking fund of the
"' ' CAMBRIDGE RAILROAD COMPANY.
Be it enacted, S)-c., as follows :
Trustees may in- Section 1. The trustccs appointed under the provisions
Ifocks'^and ' cer- of an act iu addition to an act to incorporate the Cambridge
tarn other securi- Railroad Company, approved on the twenty-first day of
February, in the year eighteen hundred and fifty-five, are
hereby authorized to make investments of the sinking fund,
in the public bonds and stock of the United States, and in
any securities in which savings banks of the Commonwealth
are authorized to invest.
Section 2. This act shall take effect upon its passage.
Approved March 18, 1863.
Chap. 102 ^^ ^^"^ relating to the PRINTING OP BANK BILLS.
Be it enacted, §'c., as follows : Printing prohib- SECTION 1. No bank shall hereafter procure any bills to authoritr^of du be printed, except in pursuance of a vote of the directors rectors. passcd at a regular meeting of the board ; and a copy of
1863.— Chapters 103, 104. 427
such vote duly cortified by the cashier or clerk of the board, shall be forthwith transmitted to the office of the bank com- missioners. Whenever any bills so ordered shall have been Duplicate certi- printcd, and shall be delivered to said bank, they shall be ^ZyZ^l^^ accompanied by duplicate certificates, signed by the printer tr"in'su,u"ed° to or other proper officer on his behalf, stating the number and ^:'"^ commia- denominations of the bills so delivered, one of which cer- tificates shall be retained by the bank, and the other forth- witli transmitted to the office of the bank commissioners.
k^KCTiON 2. This act shall not apply to banks organized lunks under gen- under general laws. erai uw exempt.
Section 3. This act shall take effect upon its passage.
Approved March IS, 1863.
An Act to incorporate the boston house company. Chap. 103
Be it enacted, <J'c., as foUoics :
Section 1. David Bryant, Thomas E. Nichols, Samuel corporators. S. Perkins, their associates and successors, are hereby made a corporation by the name of the Boston House Company, Title and pur- for the purpose of holding, improving, and maintaining a ^°^*'' public house in the city of Boston, and for this purpose shall have all tiie powers and privileges, and be subject to the duties, liabilities and restrictions, set forth in the General Statutes applicable to such corporations : provided that said Proviso, corporation shall not engage in the business of hotel or boarding-house keeping.
Section 2. The capital stock of said company shall not capital. exceed two hundred thousand dollars, to be issued in shares of the par value of one hundred dollars each.
Section 3. This act shall not go into effect until the sum conditionsof va- of one hundred thousand dollars of the capital stock shall ' "^° have been subscribed by responsil)le parties, and the sum of seventy-five thousand dollars paid into the treasury of said company. Approved March 23, 1863.
An Act to authorize the town of Harwich to take stock in Chai). 104
THE CAPE COD CENTRAL RAILROAD COMPANY. "'
Be it enacted, ^'c, as follows :
Section 1. The town of Ilarwich is hereby authorized to May hoid to subscribe for and hold shares in the capital stock of the thoTsand'douarsT Cape Cod Central Railroad Company, to the amount of forty thousand dollars, and to pay for the same out of the treasury of the town, and to hold the same as town projjcrty, subject to the disposition of the town, for puljlic purposes, in like manner as any other property which it may possess.
Section 2. The said town of Harwich is hereby author- May raise money ized to raise by issuing its bonds, or by loan, or tax, any
428 1863.— Chapter 105.
suras of money which may be required to pay its instalments,
or its subscription to said stock and interest thereon.
Committee may SECTION 3. The Committee appointed by a vote of said
shares"yo^ted, and towu of Harwich, to pctitiou this legislature, for the author-
fo^f Tre'^-t'orfTf ^^Y gi'sutcd ui thc first and second sections of this act, are
corporation. hereby authorized to subscribe, in behalf of said town, for
the number of shares in the capital stock of said Cape Cod
Central Railroad, as was voted by said town, at a meeting
held on the thirteenth day of February, eighteen hundred
and sixty-three ; and said committee are hereby further
authorized to cast the vote of said town in the clioice of
directors of said road at the first meeting of the stockholders
Persons to be hcld for that purposc ; and thereafter the vote of said town,
after, for ciioice in thc choicc of dircctors for said road, shall be cast by the
of directors. persou Or persons said town may appoint.
Section 4.- This act shall take effect upon its passage.
Approved March 24, 1863.
Chap.
105 An Act TO AUTHORIZE the town op Orleans to take stock in
THE cape cod central RAILROAD COMPANY.
Be it enacted, §*c., as follows :
May hold to SECTION 1. Tlic towu of' Oi'lcans is hereby authorized to tv-five thousand subscHbe for, and hold shares in the capital stock of the dollars. Capc Cod Central Railroad Company, to the amount of
twenty-five thousand dollars, and to pay for the same out of the treasury of the town, and to hold the same as town property, subject to the disposition of the town for public purposes, in like manner as any other property which it may possess. May raise money SECTION 2. Thc said towu of Orloaus is hereby authorizcd to raise by issuing its bonds, or by loan or tax, any sums of money which may be required to pay its instalments or its subscriptions to said stock and interest thereon. fX^ribr "for Section 3. The committee appointed by a vote of said shares voted, and towu of Orlcans to pctitiou tliis legislature for the authority for directors. granted iu the first and second sections of this act, are hereby authorized to subscribe in behalf of said town for the number of shares in the capital stock of said Cape Cod Central Rail- road Company as was voted by said town at a meeting held on the fourth day of March, eighteen hundred and sixty- three ; and said committee are hereby further authorized to cast the vote of said town iu the choice of directors for said road at the first meeting of the stockholders called for that de8i"gnated°her^- P^rposc ; and thereafter the vote of said town in the choice of
1S();3.— Chapters 106, 107. , 421)
directors, shall ho cast by the person or persons said town aft.T, for choice may appoint. o. directors.
Section 4. This act shall take ctfect upon its passage.
Approved March 2i, 1803.
Chap. 106
An Act to incorporate the education society of the denom- ination CALLKD christians. Be it enacted, iVc, as follows:
Section 1. Richard F. Fuller, John W. Haley, Benjamin corporators. F. Carter, their associates and successors, arc hereby made a corporation, for the purpose of holding and distributing purpo.se. funds to promote edncalion in the Christian denomina- tion ; with all the powers and privileges, and subject to all Privileges. the duties, liabilities and restrictions, set forth in the sixty- eighth chapter of the General Statutes.
Section 2. The said corporation may take and hold real Reai and person- estate, not exceeding in value fifty thousand dollars, and *'^'*''^**'- personal property not exceeding in valne fifty thousand dollars, all of which shall be devoted to the purpose afore- said. Approved March 24, 1863.
An Act authorizing the city of Springfield to construct x^? -i /-.«
CERTAIN DRAINS. y^tlflp. iU /
Be it enacted, §c., as follows:
Section 1. The city council of the city of Springfield is May construct hereby authorized to construct one or more, but not exceed- "hree!from'^G"Lr^ ing three drains, leading from suitable points on Garden ^^'^^"j\^j^^j. '° Brook, in the central part of the city, to the Connecticut River, for the purpose of protecting private property and the streets of the city, from damage by water during seasons of freshet.
Section 2. After the completion of any drain constructed upon completion under the provisions of this act, the city council shall, with de'^term^nr'diw- the assistance of a competent engineer, ascertain and deter- si?" of expense
I. i/-.nii 11 With land owners.
mme the extent of territory benefited thereby, and what portion of the expense thereof shall be borne by the city, and what portion by the owners of real estate : but not less proviso. than one-third part of the cost shall be borne by the city. A notice of such determination shall be published for two Notice to be pub- weeks successively, in the newspaper having the largest ^^^^^^<^- circulation in the city.
Section 3. Any person aggrieved by the determination AsKrieved parties of the city council, either as to the division of expense j'J'^^ "pp^^ ^°' between the city and the owners of real estate, or as to the extent of territory over which it is proposed to distribute that part of the expense to be assessed uj)on owners of real estate benefited, may at any time within two months after
17
430 * 1863.— Chapter 107.
the piiblicatioa of the notice aforesaid, apply for a jury. Manner of appii- yu ell apulicatiou sliall be made in like manner, and the
cation and pro- I'l inii -i /•
ceedings. proceeduigs tliereon shall be the same, as m the case oi a
jury called to act npon the laying out and discontinuance of
highways ; provided that, npon making his application, the
party shall give two weeks' notice in writing to the mayor
and aldermen, of his intention so to apply, and shall therein
particularly specify his objections to the proposed division of
expense, and to the extent of territory over which a portion
of tlie expense is to be assessed ; to wliicli specification he
Costs of hearing, sliall bc coufined upon the hearing before the jury. If upon
how paid. ^jjg hearing, the objections to said determination are not
sustained, the charges arising on such application sliall be
objeptions being paid by tlic appHcaut, or person recognizing therefor; other
crrmay determine wlsc tlicy sliall bc paid by tlic city, and the city council may,
*°^"'- if necessary, determine anew the division of expense and the
Failure to apply cxtcut of territory benefited by said drainage. Any person
ri^ht"7f *app^e" wlio neglects to make application for a jury, as herein pro-
from council. vidcd, sliall bc coiicluded by such determination of the city
council, and shall not be entitled to recover, by an action at
law, or otherwise, the amount of the assessment collected of
him.
Expense to be tiECTiGN 4. Aftcr two mouths from the final determina-
own'e'rs'to bfas- ^^^u of the clty councll, as to the division of expense of any
sessed in two dralii constructcd under the provisions of this act, and the
justment. cxtcut of tcrHtory benefited thereby, that portion of the
expense of said drain which is to be borne by the owners of
real estate within the district adjudged to be benefited, shall
be equitably and ratably assessed upon such owners by the
board of assessors of the city, and shall be collected by the
AssessiBents to city collcctor. Tlic assossmeiits SO made shall constitute a
u°p°n'estote!"'° ^^^^^ upoii tlic real estate assessed, in the same manner as
taxes are a lien upon real estate, and shall be collected in
the manner provided by chapter twelve of the General
Aggrieved party Statutcs, for tlic collectiou of taxes. But any person
may ave rem- gggj-jgyg^j \^y i\^q amouut asscsscd to liim, shall be entitled
to the remedies provided in sections forty-three, forty-four
and forty-five of chapter eleven of the General Statutes.
Landlord and SECTION 5. Whcu aiiy rcal estate to be assessed under
trdetermTurdi- thc provislous of this act, is held by a tenant for life or
vision of assess- years, the assessors shall determine how much shall be
meat. J ^
assessed to the tenant, and how much to tlie landlord or
reversioner, and shall assess the same accordingly.
Drains to be held SECTION 6. Any drain constructed under the provisions
as^^property o ^^ ^j^^^ ^^^^ sliall be licld to be tlic property of the city of
Springfield, to be used, controlled, maintained and repaired,
18()3.— CHArxERs 108, 109, 110. 4:U
in the same manner as drains constructed wliull}' at the expense of the city.
Section 7. This act shall take elTect upon its passage.
Approved March l2i, 1803.
4.CT RELATING TO THE LOCATION AND Q/k/u^ \{)^ )N OF HIGHWAYS. "'
An Act in addition to an act
altp:ration
Be it enacted, tVc, as follows:
The provisions of the act of the year eighteen hundred Application nf art and sixty-two, cliapter two hundred and three, shall not*' apply to any highway, town way or private way, located before the passage of said act, until sixty days after the expiration of the lime within which such way was ordered in such location to be constructed. Approved March 24, 1863.
An Act concerning libels for divorce. Chat) 109
Be it enacted, c^c, as follows:
Section 1. Libels for divorce in all cases may be filed in Maybefiiedwith the office of the clerk of the supreme judicial court, in L^acauon. ^""^ vacation.
Section 2. The clerk of said court may in vacation issue cierkmay is^ue any summons, and make any order, prescribed in the nine- der!"*^"^ ""^ "''' teenth section of chapter one hundred and seven of the General Statutes : provided, that the court or any judge Proviso. thereof, may cause such additional notice to be given as
justice requires. Approved March 2i, 18Q^.
An Act in addition to an act to incorporate the cape cod ni..^-. ]]()
CENTRAL railroad COMPANY. 1 '
Be it enacted, ^'c, as follows:
Section 1. The second section of an act approved March Location extend- twenty-eighth, eighteen hundred and sixty-one, entitled chat"ham!°"'° ''^ " An Act to incorporate the Cape Cod Central Railroad Company," is hereby so amended that said company may locate, construct and operate its road through the town of Chatham, in addition to the towns named in said section.
Section 2. The third section of said act is hereby so increase of capi- amended that said company may increase its capital stock ^ *" """"^ ' fifty thousand dollars beyond the amount named in said section.
Section 3. The time for organizing said company, for Time for con- filing the location of its road, and for constructing the same, edsixmonrhs"**' is hereby extended six months beyond the time allowed in the fourth section of said act.
Section -1. This act shall take effect upon its passage.
Approved March 26, 1863.
432
1863.— Chapters 111, 112.
Chap. Ill
Corporators.
Title. Privileges.
Location defined.
Capital and shires.
Real and person- al estate.
Time for loca- tion and con- struction.
An Act to ixcorpor.^te the avenham lake branch railroad
COMPANY.
Be it enacted, cVc, os follows :
Section 1. Benjamin C. Raymond, Augustus N. Clark and William D, Northend, their associates and successors, are hereby made a corporation, by the name of The Wenham Lake Branch Railroad Company, with all the powers and privileges, and subject to all the liabilities, restrictions and duties, set forth in the sixty-third and sixty-eighth chapters of the General Statutes, and in all statutes which have been or may hereafter be passed, relating to railroad corporations.
Section 2. Said company is hereby authorized to locate, construct and maintain a r^filroad, with one or more tracks, from some convenient point in the town of Beverly or Wen- liam, northerly of the North Beverly depot, so called, on the Eastern Railroad, to the land and ice-houses of Benjamin C. Raymond, near to Wenham Lake, so called ; and with the consent of the Eastern Railroad Company, to enter upon said Eastern Railroad, by proper turnouts and switches, and to use the same, or any part thereof, according to law.
Section 3. The capital stock of said corporation shall not exceed one hundred shares, the number of which shall be determined from time to time, by the directors of said corporation ; and no assessments shall be laid thereon of a greater amount, in the whole, than one hundred dollars on each share ; and said company may purchase and hold such real estate and other property, as may be necessary for the use of said railroad, and for the transportation of ice over the same.
Section 4. If the location of this road be not filed within one year, and if the said railroad be not constructed within two years from the passage of this act, then this act shall be void.
Section 5. This act shall take effect upon its passage.
Approved March 26, 1803.
Chap. 112
Corporators.
Title.
An Act to incorporate the American steam-ship company*. Be it enacted, §'c., as follows:
Section 1. Edward S. Tobey, Amos A. Lawrence, James M. Beebe, their associates and successors, are hereby made a corporation by the name of The American Steam-ship Company, with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth in the general laws which now are, or may hereafter be in force, relative to such corporations.
1863.— Chapter 11:3. 4;]3
Section 2. The said coini)aiiy are hereby autliorized and wuy buiid, pnr-
d. 1 •! 1 1 1 i III 1 chase or charti-r
to build, purchase, cliarter, hold and convey vessels, ana piy
steam-ships, and navigate the ocean therewith, l)et\vcen any co'JImo"nweaith°
port or ports in this Coimuonwcalth, and any port or ports ^^j i "j^^'j"''""
in the United Iviiiiidoiu of Great Britain and Ireland, with
authority to touch at intermediate i)ort.s ; and said company ^i-y charter to
. •■ !■ 1 • 1 • Others condition-
may let, by charter, one or more oi their steamslups to any aiiy.anato u. .s.
person, provided such charter does not prevent said com- tion. pany from complying with the terms of this act ; and said company may also, by charter, let any or all of their steam- ships to the United States of America, wdthoutany restriction as to the service in which said vessels may be emi)loyed.
Section 3. The capital stock of said corporation shall not capital and exceed two millions of dollars, and shall be divided into shares of the par value of one hundred dollars each ; and 'said corporation shall have power to assess, from time to time, upon such shares, such sums as may be deemed neces- sary to accomplish the object of said corporation, not exceed- ing the par value of such shares.
Section 4. If said corporation shall not within one year conditions of va- from the passage hereof, have been organized, and have col- "^"^° lected assessments of not less than five per cent, on the capital stock, and shall not within two years from the pas- sage of this act have employed one steam-ship, and within three years two steam-ships, to navigate the ocean between some port or ports in this Commonwealth, and some port or ports in the United Kingdom of Great Britain and Ireland : or if said company shall thereafter wdiolly fail, unless pre- vented by war with foreign powers, for the period of one year to employ two steam-ships for said purposes, or if said company shall fail to comply with the other conditions of this act, then this act shall be null and void.
Section o. This act shall take effect upon its passage.
Approved March 26, 1863.
Ax Act coxcerxing the licexsixg of dogs. Chap. 113
Be U. enacted, ^r., as follows:
Any person becoming the owner or keeper of a dog not o^^n^T af te^r^ji"/ duly licensed, on or after the first day of May, shall cause i, of dog not n- said dog to be registered, numbered, described and licensed regiltotion*^and until tlie first day of the ensuing May, in tlie manner, and Mly%°nsu^ngr '** subject to the terms and duties prescribed in section fifty- two, chapter eighty-eight, of the General Statutes; and if he shall fail so to do, he shall forfeit ten dollars, to be recovered by complaint, to the use of the place wherein the
dog is kept. Approved March 26, 1863.
434 1863.— Chapters lU, 115, 116.
Chup. 114 '^^ -^^^ ^*^ AUTHORIZE TOWNS TO PROVIDE FOR THE REMOVAL OF -' ' SNOW AND ICE FROM SIDEWALKS.
Be it cnarted., Si'c , as Jollows :
Having adopted SECTION 1. Towiis wluch liavG adopted or shall adopt
provisions of Gen. , . . „ . i • i f i n
Stats., may es- tliG provisions 01 sGCtioiis soveii aiid eight 01 chapter forty- enforce. ^^^^^ '° five of the General Statutes, may, at their annual town meetings, establish by-laws to provide for the removal of snow and ice, to such extent as they may deem expedient, from sidewalks which have been or shall be established, constructed or graded, in accordance with the provisions of said sections. By-laws to deter- SECTION 2. Said by-laws shall determine the time and
mine time and /• i i i i • t
manner of remov- manner 01 such reiuoval, and annex penalties, not exceed- aj and annex pen- ^^^ ^^^^ doUars, for cacli violatiou of their provisions by any owner or tenant of the estate abutting upon the sidewalk from which the snow and ice are required to be removed ;* and such penalties shall be recovered in an action of tort, in the name and to the use of the town.
Section 3. This act shall take effect upon its passage.
Approved March 26, 1863.
Chan 115 "^^ '^^^ concerning bank bills.
Be it enacted, Sfc, as follows:
Act of I860 sus- Section 1. The operation of section seven, chapter two Aprir, -64."""^ hundred and nine of the acts of the year eighteen hundred and sixty, is hereby suspended until the first day of April, in the year eighteen hundred and sixty-four.
Section 2. Tliis act shall take effect upon its passage.
Approved March 26, 1863.
Chan. 116 ^^ -^^^ concerning the midland land DAMAGE COMPANY, AND TO ^ ' CHANGE ITS NAME TO THE SOUTHERN MIDLAND RAILROAD COM-
PANY.
Be it enacted, ^'c, as folloics : Name chancred: SECTION 1 . Thc corporatiou established by tlic name of tifns'to"remainr the Midland Land Damage Company, shall hereafter be known by the name of the Southern Midland Railroad Com- pany, and by that name it may sue and be sued, and its rights and obligations shall remain the same as if its name had not been changed. Time for compie- SECTION 2. Thc timc witliiu whicli said corporation is
tion ot road ex- -ii li-i -i i-i i ii i
tended. recjuired to complete its railroad, is hereby extended to the
first day of May, in the year eighteen hundred and sixty- five.
In cise of sale of SECTION 3. Li casc there should be a sale of any portion
portion of road „ . ., , j -i * • • x- .i ± c ^i
under mortgage, 01 its railroad, undcr the provisions ot the mortgage oi the pSTse?"^ ""^^ Norfolk County Railroad Company, or under the provisions
1863.— Chapter 117. 435
of tlio mortiiajic of tlie Boston and Xew York Centrol Rail- road Company, said corporation is hereby authorized to purchase tiie same.
Section 4. After the railroad of said corporation shall up;;;^,;'"^™;;;^^^^^^^^^^^ have been completed between its extreme terminal points, ton to south-
1 1 !• 1 1 • 1 11 1 ■ i* bmlge, and iip-
anil opened lor public use and travel throughout its entire provai by oom- liiie from Boston to Globe Village, in the town of South- porSrinayi^- bridgc, to the satisfaction and approval of three able and gl^l'lres"'^'^''''""^^ impartial commissioners, to be appointed by the governor, said corporation may issue at one time additional shares of the par value of one hundred dollars each, and divide the same pro rata among the stockholders of that date, and those who may become such by virtue of contracts or agree- ments with said corporations subsisting at tiie passage of this act: provided, //ojt'eL-er, that the whole number of shares Provisos: num- of said corporation shall not exceed forty thousand, and shall basia° define'a;' represent money actually expended in the construction of t",'jf„^' ^^ J"^"". said road, and that the whole number of shares subject to *ermined. the above limitation shall be determined by said commission- ers, after a full inquiry into the amount of money so expended, the amount of the indebtedness then existing, and the number of shares then already issued : and provided, Report of com- further, that no such additional shares shall be issued until published and the report of said commissioners, upon all the matters hereby f^^^'^^^e^^l} comiuitted to them, shall have been published once a week shares. for four successive weeks in some newspaper, to be named by said commissioners, printed in each of the counties wherein ■ said road is located, nor until all the land damages remaining unpaid upon the entire line of said road shall be paid or secured by this corporation, as provided in the sixty-third chanter of the General Statutes. The compensation of said compensation of
•• 1111/^111 1 M commisMoners.
commissioners shall be lixed by the governor and council, and shall be paid by the said corporation.
Section 5. This act shall take effect upon its passage.
Approved March 28, 1863.
An Act in addition to an act to regulate the fishery in the Chap. 117
AGAWAM AND HALF-WAY POND RIVERS. * *
Be it enacted, §"c., as follows :
Section 1. The committees annually chosen by the towns committees of of Plymouth and Wareham, under the provisions of the wareh"m ""to eighty-ninth chapter of the acts of the year eighteen hun- fr^'oiVntn'^^tbeM dred and sixty, shall have a general superintendence and are qualified, control of the alewive and shad fishery in tlic Agawam and Half-way Pond Rivers, and in any pond or stream commu- nicating therewith, throughout the entire year for which they
436 1863.— Chapter 118.
are elected, and until other committees are chosen and qualified in their stead. Penalty for tak- SECTION 2. All pcrsons, cxccpting those who may be ircensefrom^com- cngagcd, wlth their agents, in taking said fish under the mittee. liccnsc of said committees, within the times limited by said
committee, who shall take any of the fish called alewives or shad in any stage of their growth, at any time of the year, in either of said rivers, or in any pond or stream communi- cating therewith, shall forfeit and pay not less than five nor more than fifty dollars for each and every offence, to be recovered in the same manner and to the use of said towns, as is provided in the seventh section of the act herein first before referred to. Repeal. SECTION 3. All acts and parts of acts inconsistent with
the provisions of this act are hereby repealed.
Section -4. This act shall take effect upon its passage.
Approved March 28, 1863.
Chap.
1 1 Q Ax Act in relation to the coast defences of Massachusetts. Be it enacted, Sfc, as follows : GoTernor and SECTION 1. The govcmor, by and with the advice and ctee""^ materiau conscnt of tlic council, Is authorizcd to expend any portion and devise meas- or tiie wliolc of the sum hereinafter appropriated, in the purchase or manufacture of ordnance, or in the building and equipping of iron-clad or other steamers, or in the erection of iron-clad or other fortifications, or in such other measures as the public exigencies may require for the defence of the May co-operate coast of ^[assachusctts ; aud he may enter into all such rrnment?" ^°^" arrangements with the general government as may be neces- sary for tlie better accomplishment of the object of this act, and for the reimbursement of any sums so expended. Cities and towns SECTION 2. The inhabitants of any town, and the city rv*^for'"'def"iTce^ couucil of aiiy city on the coast of Massachusetts, are hereby JoTerDor^Ind"*^ autliurized to raise money and expend the same in defending couucil. such city or town against the public enemies of the United
States ; but no such expenditures shall be made without the approval of the governor and council, nor shall any thing be done under this act in contravention of the constitution and laws of the United States. Treasurer to issue SECTION 3. For thc purposc of meeting the expenses no"''may drV"' whicli may bc incurred under the first section of this act, not™ exoeecung " ^^^® trcasurcr of tlic Commonwealth is hereby authorized to $1,000,000. issue scrip or certificates of debt, in the name and on behalf of the Commonwealth, under his signature and the seal of the Commonwealth, to an amount not exceeding one million dollars ; and the same is hereby appropriated for the purpose
18G3.— Chapters 119, 120. 437
of pnying all liabilities incurred under the first section of tliis act ; and the governor is authorized, from time to time, to draw his warrant upon the treasurer for so much as may* be needed.
Section 4. Such scrip or certificates of debt shall bear interest on porip interest not exceeding six per centum per annum, payable per'^centr'^and semi-annually on the first days of January and July in each toJ^e^^'on^pfece'^ year, and may be issued at such times and in pieces of such of $506 and over. amount as shall be fixed by the governor and council. All such scrip issued in pieces of five hundred dollars or over, shall have interest warrants attached thereto, signed by the treasurer. Scrip for smaller sums shall be issued without such warrants, but bearing interest payable semi-annually on presentation to the treasurer. Sucii scrip or certificates of scnp redeemable debt shall be redeemable in not less than ten, nor more than j°^J^" '° ^^'^^^ thirty years from the first day of July, eighteen hundred and sixty-three ; and the same shall be countersigned by the governor, and be deemed a pledge of the faith and credit of the Commonwealth. The treasurer may from time to time dispose of so much of the same as shall be required under the direction of the governor and council.
Section 5. This act shall take effect upon its passage.
Approved March 30, 1863.
An Act to secure more equal taxation. ChaD 119
Be it enacted, Sfc, as follows :
Section 1. The twentieth section of the sixty-eighth corporations cov- chapter of the General Statutes shall be applicable to and ctT.lis'o/Gener^i deemed to include all corporations, whose stockholders are statutes. subject to taxation for the shares of the capital stock they own therein.
Section 2. This act shall take effect upon its passage.
Approved March 30, 18G3.
Ax Act in addition to an act establishing the city of salem. Qhan 1 90
Be it enacted, ^'c, as follows :
Section 1. On the first Monday of January, annually, wardens and there shall be chosen by ballot in each of the wards of the be'^ehosen'o" first city of Salem, a warden, two assistant-wardens, and a clerk, ua°rj'!''^ °^ ''*°' who shall be qualified as soon after the day of said election as may be, and shall enter upon the duties of their respec- tive offices on the fourth Monday of January, and hold their offices for the term of one year thereafter and until others shall have been chosen and qualified in their places.
Section 2. The ward clerk, within twenty-four hours certific't'sofeiec- after the day of such election, shall deliver to the persons wuh '° delivered^
18
438 1863.— Chapter 121.
and copy filed elected as warden, assistant-wardens and clerk, certificates
with city clerk. i- ,i • i • Tin/.,-, ■ , .
01 their election, and shall forthwith give to the city clerk a
'certified copy of the record of such election.
In case of absence SECTION 3. If at any Ward meeting in either of the wards,
refusal to s'e'^^ve^ botli the Warden and clerk shall be absent, either of the
™gSd!"^^ ^^ assistant-wardens may call the meeting to order and preside
until a warden pro tempore shall be chosen ; and in case of
the absence of all of said officers, the constable who returns
the warrant to said meeting, may call the meeting to order
and preside until a warden pro tempore shall be chosen by
ballot ; and whenever any ward officer may be absent or
neglect or refuse to perform his duties, his office shall be
filled pro tempore, by ballot.
i^ep«ai- Section 4. All the provisions of an act establishing the
city of Salem, and the acts additional thereto, inconsistent
Act in force when hcrcwith, are hereby repealed. This act shall take effect
accepted. . ' i j i • ^^ r- • ^ •
upon its acceptance by the city council oi said city.
Approved March 30, 1863.
Chap. 121 An Act to incorporate the Springfield horse railroad
COMPANY.
Be it enacted, ^'c, as follows:
Corporators. SECTION 1. Cliestcr W. Chaplu, George Bliss, Henry
Alexander, junior, their associates and successors, are
Title. hereby made a corporation by the name of The Springfield
Horse Railroad Company, with power to construct, main- tain and use a railway, with convenient single or double
Location. tracks, from such point or points on Main Street, in the
city of Springfield, as shall be from time to time fixed by the city council of said city, with the assent, in writing, of said corporation, filed in the office of the city clerk of said city ; then upon and over such street or streets, and such highway or highways, as shall be designated by a vote of the city council of said city.
Conditions of SECTION 2, The corporation hereby created, in crossing
crossing tracks ni, iV , ip - -ii
of other com- all the brauchcs and lateral tracks oi any other railroad
panies. compauy, shall cross in such a manner as not to injure any
of the said tracks or branches, and the rails thereof, and shall insert no frogs therein, and make no incisions into the rails thereof without the consent of said company.
Jlte'of'spred.'""^ Section 3. Said tracks or roads shall be operated and used with horse-power only. The city council of the city of Springfield shall have power, at all times, to make all such regulations as to the rate of speed and mode of use of the tracks, as the public safety and convenience may require.
Highways occu- SECTION 4. Said corporation shall keep and maintain in
pied, corporation . • p , , i
to maintain and rcpau" sucli portion 01 thc strccts and highways respec-
1863.— Chapter 121. 439
tivclv, as shall be occuiiied In^ their tracks, and shall be be nabie for in-
i.,i- , .. 1. i* juries from its
liable for any loss or injury that any person may sustain, „e|,i,.ct or mis-
by reason of any carelessness, neglect or misconduct of any cond'ctofageuts.
of its auents and servants in the management, construction
or use of said roads, tracks or highways ; and in case any
recovery shall be had against said city of Springfield, by
reason of such defect or want of repair, said corporation
shall be liable to pay to said city of Springfield any sums
thus. recovered against said city, together with all costs and
reasonable expenditures, incurred by said city in the defence
of any such suits, in which recovery may be had ; and said Limitation of
•/ ' J 1/ 1 • 1 use.
corporation shall not use any ])ortion of the streets or high- ways not occupied by said road or tracks.
Section 5. If any person sliall wilfully and maliciously obstructing cor-
1 ., ''}.■. /»i Til poration punisti-
obstruct said corporation in the use oi said road or tracKs, abie by fine or or the passing of the cars or carriages of said corporation i«P"sonment. thereon, such person, and all who shall be aiding or abet- ting therein, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the common jail for a period not exceeding three months.
Section G. If said corporation, or its agents or servants, ^'^^^^a't'iJ'^^by shall wilfully and maliciously obstruct any highways, or the fine. passing of any carriages over the same, such corporation shall be punished by a fine not exceeding five hundred dollars.
Section 7. The capital stock of said corporation shall cap'tai- not exceed one hundred thousand dollars, to be divided into shares. shares of one hundred dollars each.
Section 8. Said corporation shall have power to pur- Reai estate. chase and hold such real estate within said city of Spring- field, as may be convenient or necessary for the purposes and management of said road.
Section 9. The said road shall be constructed and main- construction and
. - . , , maintenance ot
tamed in such lorm and manner, and npon sucli grade as road, city coun- the city council of said city of Springfield may in their " votes, fixing and determining the routes thereof, as afore- said, prescribe and direct; and whenever in the judgment Alteration of of said corporation it shall be necessary to alter the grade ^™'^^' of any street so occupied by it, such alteration may be made at the expense of said corporation : provided^ the same ProTiso. shall be assented to by the city council of said city of Springfield.
Section 10. Nothing in this act shall be construed to control ofhiph- prevent the city council of said city from entering upon pailtyafflmed. and taking up any of the public streets or highways trav-
440
1863.— Chapter 121.
Discontinuanoe of road after one year au- thorized.
City of Spring- field, after ten years, may pur- chase franchise and property.
Acceptance of act and construc- tion of road.
Annual returns.
Land damages.
ersed by said railroad, for any purpose for which they may now lawfully take up the same.
Section 11, At any time after the expiration of one year from the opening for nse of the tracks of said railroad in any street or road in which the same shall be located, as provided by its charter, the city council of the city of Springfield may determine that the same, or any part there- of, be discontinued ; and thereupon the location shall be deemed to be revoked, and the tracks of said railroad shall forthwith be taken up and removed, in conformity with the order of said city council of the city of Springfield ; and such taking up and removal shall be at the expense of said railroad corporation.
Section 12. The city of Springfield may, at any time during the continuance of the charter of said corporation, and after the expiration of ten years from the opening of any part of said road for use, purchase of said corporation all the franchise, property, rights and furniture of said corporation, by paying therefor such a sum as will reim- burse to each person who shall then be a stockholder therein, the par value of his stock, together with a net profit of ten per cent, per annum from the time of the transfer of said stock to him on the books of the corporation, deducting the dividends received by said stockholders thereon.
Section 13. This act shall be void, so far as relates to the right to construct said road in said city of Springfield, unless the same shall be accepted by the city council of said city of Springfield, and unless the same shall be accepted by said corporation, and unless two miles of said road shall be located and constructed within two years from the passage of this act.
Section 14.' Said corporation shall be deemed a railroad corporation, so far as to be subject to make such annual returns to the legislature as are or may be prescribed by law ; and also so far as to be subject to all existing provisions of law for the assessment and payment of damages for the land outside of the streets and highways taken by them for tracks, and to all general provisions of law that are or may be prescribed relative to horse or street railroads.
Section 15. This act shall take effect upon its passage.
Approved March 30, 1863.
18()3.— Chapters 122, 123. 4-il
Ax Act to ruoiiiniT citiIcs and towns from making im.kcjal (^/j^,.^ p22
AlTUOriUATlONS OK MONKY, AM) TO PUNISH OFFICERS TIIKKEOF ^ "
FOR UNLAWFUL PAYMENT OF THE SAME.
Be it enacted, ^'c, as follows :
Section 1. No city or town shall vote or appropriate any Appropmtionsin
X. . f, , .,.' ' ^ . c behalt of dnifted
money to relieve or discharge trom the military service oi persons declared the United ^^tatcs any ])crson who shall be called or drafted ^'"'*- into such service under or by authority of the act of congress, entitled "An Act for enrolling and calling out the National Forces, and for other purposes," approved on the third day of March, in the year one thousand eight hundred and sixty-three ; and every such vote and appropriation shall be void and of no effect.
Section 2. No city or town officer shall pay or disburse Town officer not
. , . -^ , . , 1 • . 1 • • , to pay public
any money m his custody or possession belonging to lus city money therefor, or town, to relieve or discharge from the military service of except asTutuo- the United States, any person who shall be called or drafted nzecibyiaw. into such service under or by authority of the aforesaid act of congress ; nor shall any city or town officer pay or dis- burse any money in his custody or possession belonging to his city or town, for any bounty or other gratuity to any volunteer or other person who has been or shall be enlisted or drafted into the military service of the United States, except for such bounties and aid as are authorized by exist- ing laws ; and every payment or disbursement by any city or town officer, in violation of the provisions of this act, shall be deemed to have been made by him in his own wrong, and he shall be held to account for the same to his city or town.
Section 3. Any city or town officer who shall offend Penalty, against the provisions of this act shall, upon conviction thereof, be punished by a fine not exceeding two thousand dollars, or by imprisonment, not exceeding two years, in the jail or house of correction.
Section 4. This act shall take effect upon its passage.
Approved March 31, 1863.
An Act TO incorporate the trustees of the boston college. Chap. 123 Be it enacted, ice., as follows :
Section 1. John McElroy, Edward H. Welch, John corporators. Bapst, James Clark, and Ciiarles H. Stonestreet, their asso- ciates and successors, are herel^y constituted a body corpo- rate I)y the name of the Trustees of the Boston College, in Titie. Boston, and they and their successors and such as shall be duly elected members of such corporation, shall be and ^|^*''^*'^ perpetu- remain a body corporate by that name forever : and for the Trustees may orderly conducting the business of said corporation the said «'«'=' necessary
442 1863;— Chapter 123.
officers and de- trustees sliall liavG powGi' and authority from time to time,
Clare duties. . • , i ^ • t j. • -i^
as occasion may require, to elect a president, vice-president, secretary, treasurer, and such other officers of said corpora- tion as may be found necessary, and to declare the duties May remove tras- and tcnurcs of their respective offices, and also to remove cancy." any trustee from the same corporation, when in their judg-
ment he shall be rendered incapable by age or otherwise, of discharging the duties of his office, or shall neglect or refuse to perform the same, and also from time to time to elect Proviso. new members of the said corporation : provided, neverlhe-
fess, that the number of members shall never be greater than ten. May determine Hection 2. Tlic Said corporatioii shall have full power a^^^manner"of and authority to determine at what times and places their officers from time meetings shall be holden, and the manner of notifying the to time, ''^ti^d^- trustees to convene at such meetings, and also from time to tenures, salaries^ time to clcct a president of said college, and such professors, tutors, instructors and other officers of the said college, as they shall judge most for the interest thereof, and to determine the duties, salaries, emoluments, responsibilities and tenures Corporation may of tlicir scvcral officcs : aud tlic said corporation are further
own buildings, es- i . ■ ^ i i • ■ i
tabiish rules and cmpowcred to purchasc or erect and keep in repair, such ernmrnt*^°o'f ^c°ou liouscs and Other buildings as they shall judge necessary for lege, and confer the sald collcge I aud also to make and ordain, as occasion may require, reasonal)le rules, orders and by-laws, not repug- nant to the constitution and laws of this Commonwealth, with reasonable penalties for the good government of the said college, and for the regulation of their own body ; and also, to determine and regulate the course of instruction in said college, and to confer such degrees as are usually con- ferred by colleges in this Commonwealth, except medical Proviso. degrees : provided, nevertheless, that no corporate business
shall be transacted at any meeting unless one-half, at least, of the trustees are present. May have corpo- SECTION 3. Said corporatiou may have a common seal, rate seal. wliich tlicy may alter or renew at their pleasure, and all
deeds sealed with the seal of said corporation, and signed by their order, shall, when made in their corporate name, be May sue and be considered ill law as the deeds of said corporatioii ; and said corporation may sue and be sued in all actions, real, personal or mixed, and may prosecute the same to final judgment and execution by the name of the Trustees of Boston College ; May hold be- qjj^j g^^jd corpoi'atioii shall be capable of taking and holding
quests, etc., in ... "^ , , • r. , , i •
fee simple. in ICC Simple or any less estate by giit, grant, bequest, devise
or otherwise, any lands, tenements, or other estate real or
1S(;;].— C'livrTKR l'2L 443
personal : prorirird, that the clear annual income of the same ivoviao. t>hall not exceed thirty thousand dollars.
Suction 4. The clear rents and profits of all the estate, itpnts and profits real and personal, of which the said corporation shall be seized ["Ju^orcoi''- and possessed, shall be aj)j)roi)riated to the endowments of ''-•ee- said college in such manner as shall most etfectually promote virtue and piety, and learning, in such of the languages and of the liberal and useful arts and sciences, as shall be recom- mentled from time to time by the said corporation, they win of donor to conforming to the will of any donor or donors in the appli- cation of any estate which may he given, devised or be- queathed, for any particular ol»jcct connected with the college.
Section 5. No student in said college shall be refused Religious opm-
, . . 1-1 1' A\ • •! 1 ions to be no bar
admission to, or denied any oi tlie privileges, honors or to admission of degrees of said college on account of the religious opinions **'"^''"'- he may entertain.
Section 6. The legislature of this Commonwealth may LegiRiature may grant any further powers to, or alter, limit, annul or restrain "o^poration^ln'd any of the powers vested by this act in the said corporation, appoint overseers. as shall be found necessary to promote the best interests of the said college, and more especially may appoint overseers or visitors of the said college, with all necessary powers for the better aid, preservation and government thereof.
Section 7. The granting of this charter shall never be charter not to be considered as any pledge on the part of the Commonwealth fu'tureaid.*' ^^ ° tiiat pecuniary aid shall hereafter be granted to the college.
Approved April 1, 1863.
Ax Act to AUTnoiuzE the commkncement of certain actions
I5EIOKE the COUUTS AND JUSTICES OF THE PEACE OF THIS
Chap. 124
COMMONWEALTH.
Be it enacted, Sfc, as follows :
Section 1. The United States and any collector thereof, Government of
1 1 , . 1 • , /- , 1 ^ f U.S. and collec-
appointed under or by authority ot the act of congress, tors thereof, m^iy entitled '' An Act to provide internal revenue to support the ortax '^or^o^ government and to pay interest on the public debt," approved fe'ture. on the first day of July, in the year one thousand eight hundred and sixty-two, and the acts in addition thereto or in amendment thereof, may commence actions before the supreme judicial court, superior court, the several police courts, and justices of the peace, of this Commonwealtli, for the recovery of any tax, duty, fine, penalty or forfeiture, imposed or incurred under or by virtue of said acts of congress; and the several courts and justices of the peace aforesaid shall respectively have jurisdiction of all such
444 1863.— Chapters 125, 126.
actions, in like manner and to the same extent as they now have of other personal actions.
Section 2. This act shall take effect ^lpon its passage.
Approved April 4, 1863.
.^i ^ ^_ Ax Act relating to writs of scire facias from police courts Lyfldp. i^O ^jjj) JUSTICES of the peace.
Be it enacted, ^'c, as follows : Execution leTied SECTION 1. Whenever an execution issued by a police deemed*^ insuffi- court or justicc of the peace has been levied on real estate, cient maybe su- aii(j affej. the execution is returned or recorded, it appears to the creditor that the estate levied on, or any part tiiereof, cannot be held thereby, the creditor may sue out, before the same police court or justice of the peace from which the execution issued, a writ o? scire facias to tlie debtor, requir- ing him to appear and show cause, wliy another execution should not be issued on the same judgment ; and like proceedings may be had, as to the issuing of another execu- tion and the levy thereof, as is provided in similar cases in sections twenty-two and twenty-three of chapter one hundred and three of the General Statutes. Title to estate be- SECTION 2. If it appcars by tlic plcadiugs or otherwise, feft to "bf note'd in such action, that the title to real estate is concerned or and case removed brouffht lu Questiou, thc fact, if it docs not appear by the
to superior court O ,111 i 1 n 11 111
for adjudication, pleadiugs, shall DC statcd on tlie record, and the case shall, at the request of either party, be removed to the superior court, in the manner now provided for the removal of actions involving the title to real estate ; and shall be there heard and determined and execution may be issued for the amount found due, in like manner as if the original judg- ment had been obtained in said court.
Approved April 4, 1863.
Chap. 126
An Act in relation to school books. Be it enacted, ^'c, as follows: Change may be SECTION 1. lu any city iu wliicli the school committee with'^commiuees couslsts of morc tliau eighteen persons, a change may be eighteen *'^'"' made in the school books used in the public schools in such city, by a majority of the whole committee, at a legal meet- ing of said committee. Notice of such intended change shall be given at a previous meeting thereof.
Section 2. This act shall take effect upon its passage.
Approved April 4, 1863.
1863.— Chapter 127. 445
Ax Act kklatixg to prosecutions for the maintenance of Q/ku) \21
BASTARD CHILDREN. "'
Be it enacted, S^-c, as follows :
Section 1. Police courts and iustices of the peace may iiearinBmaybe
P ,. ... xi 1 • c 1 • i. foiitmufa and
continue trom tune to tune the liearuig ot any complauit bona taken for pending helbre them founded on the seventy-second chapter a"u"er''^ °^ of the General Statutes, and may take a bond from the accused in a sufficient sum and with sufficient surety or sureties to the complainant, for the appearance of the accused before the court or justice at any hearing of the complaint at any subsequent time to which the same may be continued, and from time to time until the final disposi- tion of the complaint before the court or justice, and not depart without leave.
Section 2. If the accused shall not appear before the Failure to appear, court or justice at any time to which the hearing of the out^ieavl'tocaiise complaint is continued, or shall depart without leave, his gupe'rioi couTt^ '^ default shall be recorded, and the bond with a copy of the complaint and warrant and also a copy of the record of the court or justice in the case shall be transmitted to the supe- rior court in the same county, where the complaint shall be entered and proceeded with in accordance with the provi- sions of said seventy-second chapter regulating the mode of proceedings in like cases in the superior court; and if the Bondtobesecu- accused shall be adjudged by the court, on a final hearing ance wUhTrde'r of the complaint, to be the father of the child of which he °f "=°"'''' is accused, the bond shall be security for the performance by him of any order of the court under the seventh section of said chapter.
Section 8. The surety in a bond given under the provi- ^"^ety may sur-
-_ .•'„. ° , '. render principal
sions ot the first section oi this act may surrender the prin- and release bond. cipal to the police court or justice of the peace before whom the complaint is pending, or if the complaint is pending therein, to the superior court at any term thereof, and in case of such surrender, the bond shall be void, and eitlier of , said courts or justice, to whom the surrender is made, may Newbondmaybe order a new bond to be taken from the accused with suffi- cient surety or sureties, and the accused shall stand com- mitted until he gives such new bond : provided, hoivever^ proviso. that if the surrender is made in the superior court, the new bond shall be for the appearance of the accused to answer to the complaint in said court and abide the order of the court thereon.
Section 4. When a police court or justice of the peace upon require- shall require the accused to give bond under the fourth sec- "rTefauit of ac- tion of said seventy-second chapter, or when the accused ^"*'"^' "°'^"
19
446
1863.— Chapters 128, 129.
sections and in shall make default, as mentioned in the second section of
case named, ,. ,,i j',-ip i i i-
complainant to tlus act, tlic court or justicc Dciore whom tlie complanit was notfce. ^""''° made shall, before the next term of the superior court in the same county, if the complaint was made by the woman entitled to make the same under the first section of said chapter, send written notice, by mail or otherwise, to the person authorized to make the complaint under the second section of said chapter, that such complaint has been made and that the accused has been required to give bond, or has made default, as the case may be. Police courts may SECTION 5. The trial of complaints mentioned in this
have jurisdiction i i j i r- i- ^ ^ ■^^- f • •
at any sitting, act may 06 liad beiore a police court when sittmg tor crimi- nal or civil business. Approved April 4, 1863.
Chap
Minor may be sent to Farm School in New Bedford.
Expense, how de termined & paid
190 Ax Act concerning truant children in dukes county. Be it enacted, §'c., as follows:
Section 1. Any minor convicted under the provisions of the two hundred and seventh chapter of the acts of the year eighteen hundred and sixty-two, in Dukes county, may be sentenced and confined in the farm school, so called, in the city of New Bedford, in the county of Bristol, in the same manner as if the same was in Dukes county.
Section 2. Any town in Dukes county from which any minor may be sentenced as aforesaid, shall pay to the city of New Bedford, for the support of every person so con- fined, the sum of two dollars for each and every week such person may remain at said school.
Section 3. This act shall take effect upon its passage.
Approved April 4, 1863.
Chat). 129 ^^ ^^^ •'^ addition to an act to establish the city of ^' newburyport.
Be it enacted, ^'c, as follows :
Overseers of poor SECTION 1. The qualified voters of the city of Newbury-
to be chosen. . p^^j-^ ^^ their rcspcctive annual ward meetings, sliail elect at large, by ballot, three persons to be overseers of the poor ; and the persons thus chosen shall constitute the board of
Duties defined, overscers of the poor: said board of overseers shall quar- terly, on or before the fifth days of March, June, September and December in each year, make returns to the city council of the names of all those who have received assistance from the city, for any portion or the whole of the quarters ending on the last days of the months immediately preceding said returns, with the amount received by each. All supplies shall be purchased, and all aid dispensed in such manner as the city council may direct.
1863.— Chapters LSO, 131. 447
Skction 2. The major, president of the common council, Board of auditors and the city treasurer, shall constitute a board oi' auditors, whose duty it shall be to examine all the accounts, acts and doings of the said board of overseers, and shall annually, on or before the first Monday of December, make a report to the city council, of all such matters relating to all disburse- ments by said board of overseers, whether as trustees under the wills of Margaret Atwood and Timothy Dexter, or otherwise, as they may deem the public good to rc(iuire.
Section 3. So much of the two hundred and ninety-sixth Repeal. chapter of the acts of the year one thousand eight hundred and fifty-one, and of all other acts as is inconsistent here- with, is hereby repealed.
Section 4. This act shall be void unless the inhabitants Act Toid unless of the city of Newburyport, at a legal meeting called for ^'^'^"^ that purpose within ninety days after the passage of this act, shall by a vote of a majority of the voters present and voting thereon, yea or nay, by a written ballot, determine to adopt the same. Approved April 4, 1863.
An Act concerning the election of town officers. Char). 130
Be it enacted, Sj'c, as follotcs :
Section 1. The election of moderator and town officers 1^'*'^/^^^'" *° •^^^^' heretofore made at the annual town meetings in the several towns in the Commonwealth, in the year eighteen hundred and sixty-three, so far as the same may appear illegal, for the reason that the check-list was not used in the said elec- tion, is hereby ratified and confirmed, and the same shall be taken and deemed good and valid in law, to all intents and purposes whatsoever.
Section 2. This act shall take effect upon its passage.
Approved April 4, 1863.
An Act relating to drawbridges in railroads. Chap. 131
Be it enacted, §"c., as follows :
Section 1. Every railroad corporation having one or observance of
mlch 6Dioincd(
more drawbridges in its passenger tracks shall make and enforce, and every engineer of a passenger train and super- intendent of such drawbridge shall observe the rules and regulations provided in this act, in addition to those pro- vided in chapter sixty-three of the General Statutes.
Section 2. Every such drawbridge shall be kept closed Rnd^es to be
II.. i-i r> I ii c closed except,
at all times, except while open lor the actual passage oi &c. vessels, and except on Sundays.
Section 3. Every such drawbridge shall be furnished signals, how dia- with conspicuous day and night signals, which shall be dis- ^^^* '
U8
1863.— Chapter 131.
Erection of gates. constructiou pre- scribed.
If not erected, trains to be slop- ed within certain distance of draw.
Proviso.
Penalties for neglect and vio- lations.
Forfeitures re- covered.
Act, when in force.
played at all times in such manner as clearly to indicate to the engineer of an approaching train the position of the draw, whetlier open or closed.
Section 4. The corporation may erect, at a distance of five hundred feet from every such drawbridge, or at such other distance as may, on application of the corporation, be prescribed by the county commissioners of the county where the same is located, and on each side thereof, a substantial gate, so constructed, and connected with the draw by suit- able mechanism, that the draw, when in position for the passage of trains, cannot be opened or moved until the gates have been closed across the track, in such manner as to be a barrier and warning to any train approaching in either direction.
Section 5. If any such drawbridge is not furnished with gates as provided in section four, and in all cases when, by reason of darkness or otherwise, the gates or signals con- nected with any such drawbridge are not visible from the engine of an approaching passenger train, the engineer of such train shall bring the same to a full stop, at a distance of not less than three hundred nor more than eight hundred feet from such drawbridge, and shall, before proceeding, positively ascertain that the draw is properly closed for the passage of trains : provided, however, that when such draw- bridge is between two railroad crossings at grade within six hundred feet of each other, one stop only shall be required for such crossings and drawbridge.
Section 6. Every railroad corporation neglecting to comply with the provisions of this act, shall forfeit the sum of one hundred dollars for each day such neglect is con- tinued ; and any engineer, or superintendent of a draw- bridge, violating any of the provisions of this act, or any rule or regulation established in conformity thereto by the corporation by which he is employed, shall forfeit the sum of one hundred dollars for each offence. Said forfeitures may be recovered upon complaint or indictment in the county where the offence is committed, to the use of the complainant.
Section 7. This act shall take effect on the first day of May next ; and all acts and parts of acts inconsistent here- with are hereby repealed. Approved April 4, 1863.
1863.— Chapter l;3-J. 449
Ax Act coxcKUxiNG the someuville house kailkuad comi-any. nhf,~. 100 Be it enacted, ^t., as follows :
Skction 1. The Somcrvillc Horse Railroad Company is Authorized to cx- hercby authorized and empowered, with the eoiisent of the '''"' '^"^""^ ' seleetmen ot" the town of k^omerville, to extend its raihoad from its track, as now laid down in Milk Street, in said Somerville, to Bridge Street, near Miller's Creek, in East Cambridge ; thence through Bridge Street, in East Cam- bridge, to the track of the Cambridge Railroad Comj)any ; and to enter upon and use the tracks of the said Caml)ridge Railroad Company, and the tracks of the Suffolk Raili'oad Company, in such mode and upon such rates of compensa- tion, as may be agreed by the parties. But the said Somer- rveguiations, &c. yille Horse Railroad Company shall be subject to all such regulations as said board of selectmen may make, touching the location of its tracks between the aforesaid terminal points, the mode of using said tracks, and the rate of speed thereon, and to all the liabilities imposed upon the Somer- Liabmties. ville Horse Railroad Company, as set forth in the two hun- dred and fiftieth chapter of the acts of the year eighteen hundred and fifty-seven, and the several acts therein referred to ; and this act shall be void unless accepted by the select- men of the town of Somerville.
Section 2. Said Somerville Horse Railroad Company Mayors tracks may cross the tracks of the Fitchburg Railroad and the Gra^nrjunct'on tracks of the Grand Junction Railroad at Milk Street, in Railroads. Somerville, on a level therewith, but without inserting frogs, and without interfering with the frogs already located or projected in the tracks of said last named companies ; and said crossing shall be at an angle with the said Fitchburg Railroad of not less than sixty degrees : provided, hoivever, proviso, that in case the county commissioners for the county of Middlesex, upon application of either of the companies named in this section, or of the selectmen of Somerville, within three months from the passage of this act, shall determine that the public safety requires said Somerville Horse Railroad to pass over said Fitchburg Railroad and Grand Junction Railroad by a bridge, then said crossing shall be so constructed and established as said county com- missioners may prescribe and determine.
Section 3. The Somerville Horse Railroad Company Cambridge Raii- shall have no authority to use its motive-power upon the dmw over^'us^ tracks of the Cambridge Railroad Company, without the somerviiiTco^ consent of said company, but said Cambridge Railroad Com- pany shall, at reasonable times, and for a reasonable com- pensation, draw over its tracks the cars and passengers of
450
1863.— Chapters 133, 134.
Disagreements of corporations to be detfr- niineJ bj' com- missioners ap- pointed by S.J. Court .
Con.'truction — conditions pre- scribed.
Chap.
May increase cap- ital to $500,000.
Inconsistent pro- \isions repealed.
Chap.
May increase
$500,000.
Proviso.
Powers.
said Somerville Horse Railroad Company ; and if said cor- porations cannot agree upon the stated periods at which the cars shall be so drawn, or the compensation to be paid therefor, the supreme judicial court shall, upon the applica- tion of either party, appoint three commissioners, who, after due notice to the parties interested and hearing the same, shall determine such rate of compensation, and fix such periods, having reference to the public use and convenience ; and the award of the commissioners, or a major part of them, shall be binding upon the respective parties for the term of one year, and until other commissioners in like manner appointed, shall make a new award.
Section 4. In case the Somerville Horse Railroad Com- pany does not construct the railroad authorized by this act within one year, the Cambridge Railroad Company shall have power to construct said railroad, subject to the pro- visions of this act so far as the same are applicable.
Section 5. This act shall take effect upon its passage.
Approved April 4, 1863.
|QQ An Act in addition to an act incorporating the east cam- bridge LAND COMPANY.
Be it enacted, ^'c, as follows:
Section 1. The capital stock of the East Cambridge Land Company may be increased to an amount not exceed- ing five hundred thousand dollars, divided into shares of one hundred dollars each.
Section 2. So much of the third section of chapter sixty- two of the acts of the year eighteen hundred and sixty-one, as is inconsistent herewith, is hereby repealed.
Section 3. This act shall take effect upon its passage.
Approved April 4, 18(33.
23^ An Act to increase the capital stock of the east boston
wharf company.
Be it enacted, S^'c, as follows :
Section 1. The East Boston Wharf Company is hereby authorized to increase its capital stock by adding thereto a sum not exceeding five hundred thousand dollars, to be divided into shares according to the original charter : /?ro- vided, that no shares shall be issued for a less sum than one hundred dollars each.
Section 2. Said company is hereby authorized to pur- chase, take and hold, to itself, its successors and as.signs, and to use as may be necessary and convenient to carry on the business for which said company was incorporated, all or any part of that real estate in East Boston lying between
18();3.— Chapters 135, 13G. 451
the northerly line of the premises now owned by said com- pany and tlie southerly line of the Carlcton estate, so called.
Section o. Chapter one hundred and six of the acts of Repoai. the year eighteen hundred and sixty-one, is hereby repealed.
Section 4. This act shall take clToct upon its passage.
Approved April 4, 1863.
Ax Act concerning the winnisimmet company. Chap. 135
Be it enacted, ^'c, asfollotcs:
Section 1. The Winnisimmet Company is hereby author- May increase cap- ized to increase its capital stock, five hundred thousand dol- '^^i «50o,ooo. lars, for the purpose of purchasing additional real estate adjoining its present property : provided, hoiverer, that ]io Proviso. shares in the capital stock hereby authorized shall be issued for a less sum, to be actually paid in on each and every share, than the par value of the shares already issued.
Section 2. In case said company shall purchase the May change property of the Gary Improvement Company, it shall then ^^^^' change its name, and thereafter be called the Winnisimmet and Cary Company ; and as such shall be subject to all the Liability. obligations and liabilities of said companies, severally, at the time of such purchase.
Section 3. This act shall not take effect until it has when to take ef- been accepted by a vote of two-thirds of the stockholders of ^'^'^'" each of said companies, present and voting at meetings called for that purpose. Approved April 6, 1863.
Chap. 136
con- tliout
An Act to amend and continue in force an act incorporat- ing the merrimac steam navigation company. Be it enacted, ^c, as follows :
Section 1. The act of the year one thousand eight hiin- corporation dred and forty-seven, incorporating the Merrimac Steam limitation of Navigation Company, shall be continued in force from and ''"*"■ after the expiration of the term of twenty years therein named.
Section 2. Said corporation is hereby authorized to May increase cap
•i. -i 1 i. 1 . i. i. T ital to .SVo.OOO
increase its capital stock, to an amount not exceeding seventy-five thousand dollars, to be divided as named in said act ; and also to take such steps as may be found iieces- Purpose. sary to render the Merrimac River navigable between the ocean and the entrance to the Essex Company's Canal in Lawrence, by removing or otherwise overcoming rocks and sandl)ars now obstructing the free and safe navigation of said river ; and to purchase and hold such real estate, and to build and own such wharves, canals, locks or landings within said limits as may be deemed necessary or proper for the purposes
452
1863.— Chapters 137, 138.
of navigation, and for the transportation of merchandise or Proviso. passengers upon said river : JO /"o?;zV/ef/, that said corporation
shall have no right under this act to interfere with any pri- vate rights, or to do any thing which may render said river less navigable to the public than it now is.
Section 3. This act shall take effect upon its passage.
Appraised April 6, 1863.
Ax Act relating to the boston penny savings bank. Be it enacted, ^'c, as follows : Time for organiz- Tlic time for Organizing the Boston Penny Savings Bank is hereby extended one year. Aj^proved April 6, 1863.
Chap. 137
ing extended.
Chap. 138
Corporators.
Title.
Powers and priy-
Purpose.
Capital and shaves.
An Act to incorporate the united states steam-ship company. Be it enacted, ^'c, as follows :
Section 1. Silas Pierce, Jacob Sleeper, James H. Beal, their associates and successors, are hereby made a corpoi'a- tion by the name of the United States Steam-ship Company, with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth in the general laws, which now are or may hereafter be in force, relating to such corporations.
Section 2. Said company are hereby authorized and empowered to build, purchase, hold, charter and convey, one or more steam-ships or steam-propellers, and navigate the same between any port or ports in this Commonwealth and the British Provinces, with liberty to touch at interme- diate ports ; also between any port or ports in this Com- monwealth and other ports in the United States, or in the Gulf of Mexico, with liberty to touch at any port in the West India Islands: 7)roy/(/f?c?, said ship or ships shall not ply between the port of Boston and the ports of Philadel- phia, Baltimore, Charleston, Savannah and New Orleans, or either of them. And said company may let by charter, one or more of their steam-ships or propellers to any person, provided such charter does not prevent said company from complying with the terms of this act : and said company may also by charter, let any or all of their steam-ships or propellers to the United States of America, without any restriction as to the service in which said vessels may be employed.
Section 8. The capital stock of said company shall not exceed two millions of dollars, and shall be divided into shares of the par value of one hundred dollars each ; and said corporation shall have power to assess, from time to time, upon said shares such sums as may be deemed neces-
18(5:3.— Chapters 1:39, UO. 453
sary to acconipHsli the object of said corporation, not exceeding the jiar value of such shares.
Section 4. If said corporation sliall not within one year Act void unless, from the passage of this act, have been organized, and have collected an assessment or assessments amounting to ten per cent, on their capital stock, and shall not within one year from the passage hereof, have placed in service one or more steam-ships or propellers for the purposes of said company; or if said company shall thereafter, for the period of one year, wholly fail to use one or more steam-ships or propel- lers for the purposes aforesaid, unless prevented by war with foreign powers, then this act shall be null and void.
Section 5. This act shall take effect upon its passage.
Approved April G, 1863. Ax Act concerning the state reform school and the nautical Qfifny^ 139
BRANCH thereof. ^ '
Be it enacted, S^c, as foUotcs :
Section 1. Sections seventeen, eighteen, twenty-one and General statutes twenty-six, of chapter seventy-six of the General Statutes, shall apply to boys between the ages of eleven and eighteen years, instead of under the age of sixteen years, as therein limited.
Section 2. No boy shall be committed to the state reform Ages for commit. school, unless he is between the ages of eleven and fourteen *^^°^^°y^- years, nor to the nautical branch thereof, unless he is between the ages of fourteen and eighteen years.
Section 3. Any notice or summons required by said service of notice
1, .• Til 11 ill or summons.
chapter seventy-six, need not be served by a constable or other person, if the party to whom the same is directed waives in writing the service thereof ; and so much of said section twenty-one, as requires notice of the proceedings to be given, is hereby repealed. Approved April 6, 1863.
An Act in relation to the sale of milk. Chat). 146
Be it enacted, Sfc, as folloivs :
Section 1. Whoever buys or sells milk bv any other Penalty for using
, ,, ,, IT " "'.-,■,. measures not
measures, cans or vessels, than those sealed as provided ui sealed. the one hundred and fiftieth section of the forty-ninth chap- ter of the General Statutes, shall for one violation pay twenty dollars, and for a second and each subsequent violation, fifty dollars.
Section 2. Whoever adulterates, by water or otherwise, Penalty for sen- milk to be sold in this state, or being recorded in the books muk**^"^'*"'** of the inspector as a dealer in milk, conveys from place to place, or knowingly sells or causes to be sold adulterated or
20
454 1863.— Chapters 141, 142., 143.
unwholesome milk, shall for one violation pay twenty dollars, for a second violation pay fifty dollars, and for any subse- quent violation, be imprisoned in the house of correction not Employees held Icss than thirty uor more than ninety days ; and whoever, responsible. -^^ ^j^^ employment of another, knowingly violates any pro- vision of tins section, shall be held equally guilty with the principal, and suffer the same penalty or punishment. Publication of Section 3. It shall be the duty of the inspector to cause convictions. ^^-^^ name and place of business of all persons convicted under the preceding section, to be published in two news- papers printed in the town or county where the offence may have been committed. Repeal. SECTION 4. So much of scctiou ouc hundred and fifty-
one, of the forty-ninth chapter of the General Statutes, inconsistent herewith, is hereby repealed.
Approved April 6, 1863.
Chap. 141
Chap. 142
Ward limits be changed.
An Act authorizing the town of milford to purchase real
estate for a public park. Be it enacted, ^"c, as follows :
Section 1. The town of Milford may purchase and hold real estate within the limits of said town, not to exceed in value at the time of purchase, the sum of fifteen thousand dollars, to be used as a public park or common.
Section 2. This act shall take effect upon its passage.
Approved April 8, 1863.
An Act relating to the city of fall river. Be it enacted, ^r., as follows:
Ward limits may SECTION 1. The city couucil of the city of Fall River may, during the current year, alter the wards of said city, so that each ward shall contain as nearly as conveniently may be, an equal number of legal voters, and thereafter revise and alter said wards and increase their number, as provided in the third section of the original charter of said city.
When to take ef- SECTION 2. The aforcsaid alteration of said wards shall take effect at the next annual municipal election after the same shall have been made.
Repeal. SECTION 3. All acts and parts of acts inconsistent with
this act are hereby repealed. Approved April 8, 1863.
Chap. 143 -^^ -^^^ concerning certain offences committed on the lord's
■^' DAY.
Be it enacted, Sj'c, as follows: Penalty. SECTION 1. Scctiou ouc, chapter eighty-four, of the Gen-
eral Statutes, is hereby so far amended that the offences
1863.— CuArxER 144. 455
iiamod tlioroin sliall be punished each by a fine not exceed- iuii: fifty doUars.
Section 2. This act sliall take effect upon its passage.
Approved April 10, 1863.
Ax Act concerning elections in cities. Chat) 144
Be it enacted, Sfc, as follows :
Section 1. In all elections held within the cities of the J'aiiots after be- Commonwealth, whether the same shall be for United States, reconied/shaiibe state, county, city or ward officers, it shall be the duty of by «4rdofficer ^ the warden, or other presiding officer, to cause all ballots which shall have been given in by the qualified voters of the ward in which such election has been held, and after the same shall have been sorted, counted, declared and recorded, to be secured in an envelope, in open ward meet- ing, and sealed with a seal provided for the purpose ; and Endorsement the warden, clerk, and a majority of the inspectors of the ward, shall endorse upon the envelope for what offices and in what ward the ballots have been received, the date of the election, and their certificate that all the ballots given in by the voters of the ward, and none other, are contained in said envelope.
Section 2. The warden, or other presiding officer, shall Transmission to
_ y r^ (D ~ city clerk*
forthwith transmit the ballots sealed as aforesaid to the city
clerk, by the constable in attendance at said election, or by
one of the ward officers other than the clerk; and the clerk custody of seai.
shall retain the custody of the seal, and deliver the same,
together with the records of the ward and other documents,
to his successor in office.
Section 3. The city clerk shall cause to be furnished to cuy cierk to fur- the clerks of the several wards a seal of suitable device, the ^^ design of which shall include the number or designation of the ward for which it shall be furnished. He shall receive shaii retain bai- and retain in his care the ballots transmitted to him, for the ^°'^ *^^" space of not less than sixty days ; if within the time pre- Proceedings in scribed by law for forwarding returns or declaring the ous^etur™.'"' results of an election, ten or more citizens of any ward shall notify the city clerk, by a written statement, that they have reason to believe that the returns of the ward officers are erroneous, and shall specify wherein they deem them in error, the said clerk shall receive such statement, and shall notify the board of aldermen, or the committee thereof appointed to examine the returns of said election ; and the board of aldermen, or their committee, shall, within the time required by law for examining the returns or declaring the results of the election, examine the ballots
456
1863.— Chapter lU,
thrown in said ward and determine the questions raised ; they shall then re-seal the envelope, either with the seal of the city or a seal provided for the purpose, and shall endorse upon said envelope a certificate that the same has been opened and re-sealed by them in conformity to law ; and the ballots sealed as aforesaid shall be returned to the city clerk, who upon their certificate shall alter and amend such returns as are found to be erroneous, and such amended Ballots, on notice rctum shall staud as the true return of the ward. And if
of intention to ..i • • , j n ^ i- i ■ ^
contest election, withiu sixty days 01 an election, any person who received how long retain- yotes for any office at said election shall serve upon the city clerk, by himself, his agent, or attorney, a written notifica- tion claiming an election to such office, and delaring an intention to contest the right of any person who has received or who may receive a certificate of election for the same, the city clerk shall retain such ballots, sealed as aforesaid, subject to the order of the body to which such person shall claim to have been elected, or until such claim shall have been withdrawn or finally decided. mfZ whe^vo'l Section 4. Whenever in any election the right of any ter is chauenged. person offering to votc is challenged for any cause recog- nized by existing laws, it shall be the duty of the warden or presiding officer, if the person challenging shall so demand, to require the person so offering to vote to write his name and residence upon the ballot so offered and cha'- lenged, and the warden or presiding officer shall add thereto the name of the person challenging the same, and the cause assigned therefor, before such ballot shall be received ; and if such ballot shall be offered sealed, the writing as afore- said may be upon the envelope covering the same, and the warden or other presiding officer, in the presence of the clerk and at least one inspector, shall mark and designate such ballot by writing thereon the name of the person by whom it was cast, before it is counted ; and at the close of the election the same shall be returned to the envelope in which it was deposited : provided, that nothing contained in this section shall be so construed as to permit ward offi- cers to receive any vote which by existing laws they are required to refuse.
Section 5. If any city clerk shall wilfully neglect or refuse to comply with any of the requirements of this act, he shall be punished by a fine not exceeding two hundred dollars. And if any warden or other presiding officer, con- stable, or ward officer as aforesaid, shall wilfully neglect or refuse to comply with the provisions of this act, he shall be
Proviso.
Penalties for wil- ful neglect.
18G3.— CiiArxER U5. 457
punished by a fine of not less than twenty, or more than two hundred doHars, or by imprisonment in the county jail for a term not exceeding cue year. Approved April 13, 1863.
Ax Act making APrROPRiAxioxs fok p:xpenses of the state (JJiq^j ]^45
almshouses; hospital at RAINSFOUD I8LAND ; SUPPORT AND -* '
relief of state lunatic paupers ; REFORM SCHOOL AT WEST- BOROUGH AND NAUTICAL BRANCH THEREOF; AND FOR OTHER PURPOSES.
Be it enacted, Sec, asfolloics:
Section 1. The sums hereinafter mentioned are appro- Appropriations priated, and shall be allowed and paid out of the treasury '^^ °"'"' ' of this Commonwealth, from the ordinary revenue, for the purpose of meeting the current expenses of the institutions hereinafter named, and for other purposes, to wit :
For state almshouse at Tewksbury, a sum not exceeding Almshouses. forty-six thousand four hundred dollars, *"" ^ ^^^'
For state almshouse at Monson, a sum not exceeding Monson. thirty-six thousand dollars.
For state almshouse at Bridgewater, a sum not exceeding Briagewater. thirty-five thousand dollars.
For hospital at Rainsford Island, the sum of three bun- Hospital, uains- dred and forty-one dollars and ninety-six cents, for deficien- cies for the year eighteen hundred and sixty-one, and eighteen hundred and sixty-two : and for current expenses and repairs, a sum not exceeding twenty thousand dollars.
For the support and relief of state lunatic paupers in Lunatic paupers, state hospitals, a sum not exceeding one liundred thousand dollars.
For the current expenses of the state reform school for Reform schooi, boys at Westborough, a sum not exceeding thirty-five thou- '^'»"«°'«^p«"«««- sand dollars : said sum to be expended solely for the current expenses of said institution ; and all other sums received by said institution from the cities and towns, for the support of boys in said school, shall be paid into the treasury of the Commonwealth ; and no money appropriated by this act shall be expended by the trustees of said school to pay for improvements at said institution.
For the current expenses of the nautical branch of the Nautical Branch, state reform school, a sum not exceeding twenty-one thou- sand four hundred dollars : and all sums received by said institution from cities and towns, for the support of boys in said nautical branch, shall be paid into the treasury of the Commonwealth.
For the payment of expenses incurred for repairs on nepairs, Tewks- Tewksbury aliu'^house, occasioned by tlie explosion the past ^^^^' year, a sum not exceeding three thousand and seventy dol-
458 1863.— Chapters 146, 147, 148.
lars fifteen cents in addition to the balance of appropriation Bridgewater. for said almsliousc the past year. For building a barn at Bridgewater almshouse, a sum not exceeding twenty-five hundred dollars.
Section 2. This act shall take effect upon its passage.
Approved April 13, 1863.
Chat). 146 "^^ ^^^ RELATING TO THE PROBATE COURT IX THE COUNTY OF -^ ' NANTUCKET.
Be it enacted, §'c., as folloivs :
Time of holding. SECTION 1. The probatc court for the county of Nan- tucket shall be held on the Thursday next after the second Tuesday of every month.
Repeal. SECTION 2. So much of the thirty-sixth section of tlie
one hundred and seventeenth chapter of the General Stat- utes as is inconsistent with this act, is hereby repealed.
Section 3. This act shall take effect upon the first day of May next. Approved April 13, 1863.
Chap. 147 -^N Act to LEGALIZE CERTAIN MARRIAGES, AND FOR OTHER
PURPOSES.
Be it enacted, Sfc, as folloios :
wm. Brodhead SECTION 1. William Brodhcad, of New Bedford, in the
head. °" ' '^° couuty of Bristol, and Ann C. Brodhead, who is now and
has heretofore been reputed his wife, arc hereby declared to
be husband and wife, to all legal intents and purposes.
And William H. Brodhead, the son of said William and
Ann C, is hereby declared to be the legitimate son of his
said parents, to all legal intents and purposes.
Reuben Burgess. SECTION 2. Reubcu Burgess, of Dcnuis, iu the county of
H0D6 13urs6ss< o / ' v
Barnstable, and Hope Burgess, who is now and has hereto- fore been reputed his wife, are hereby declared to be husband and wife, to all legal intents and purposes.
Section 3. The bonds of matrimony heretofore existing between said Reuben Burgess and Ann C. Brodhead, are hereby dissolved.
Section 4. This act shall take effect upon its passage.
Approved April 13, 1863.
Chat) 148 ^^ -^^^ concerning life INSURANCE.
Be it enacted, ^c, as follows: Companies who.'^e Whcu the actual fuuds of any life insurance company
liabilities exceed ,.,. • ,i • r~i 1,1 , n ii
funds, to discon- douig busuicss u\ tlus (Jommonwealth are not oi a net cash
^ -nssueofpoi- yj^j^Q equal to its liabilities, counting (as such,) the net
value of its policies according to the rule of valuation
adopted in chapter one hundred and eighty-six of the acts of
the year eighteen hundred and sixty-one, it shall be the
tinuei
18G3.— CiiAFTEiis 1-19, 150. 459
duty of the insurance commissioners to give notice to such company and its agents, to discontinue issuing new ])olicics within this Commonwealth until such time as its funds have become equal to its liabilities, valuing its policies as afore- said. And any oflicel* or agent who shall, after such notice Penalty for iosu-
1 1 • 1 c •* r 1 1 1 1 i -i '"K ''^'<''" notice
lias been given beiore its lunds have become equal to its from commission- liabilities as aforesaid, issue a new policy from and on behalf"' of such company, shall be subject to the penalty })rovided in chapter lit'ty-eight, section seventy-seven, of the General Statutes. Approved April 13, 1863.
An Act in relation to the city of new bedfokd. Chop. 149
Be it enacted, ^'c, as follows:
Section 1. The. acts of the city council of the city of Acts of city coun- New Bedford, in relation to the election, in October last, of" a mayor to fill the vacancy occasioned by the death of the honorable Isaac C. Taber, are hereby confirmed.
Section 2. This act shall take effect upon its passage.
Approved April 13, 1863.
An Act to protect the south beach in the toavn of edgar- Chan. 150
town. Be it enacted, S^'c, as follotvs :
Section 1. If any person shall unlawfully, wilfully and Penalty for wii- maliciously, break down, open or cut through, or attempt so " '^™*°'*' to do, the beach known by the name of the South Beach, adjoining the Great Pond, in the town of Edgartown, fortlie purjjose of letting off the water of said (^reat Pond, into the ocean, every such offender shall, on conviction, be punished by a fine of not less than one hundred dollars, and not more than one thousand dollars, or by imprisonment in the house of correction, not less than one month, nor more than one year, or both.
Section 2. Every breach made or attempted to be made Breach attempt- in said beach, unless done under authority of the commis- malicious. "^^""^ sioners provided for in the act for the incorporation of the proprietors of Mattakesset Creek, passed the twenty-fourth day of June, in the year seventeen hundred and eighty- three, shall be deemed to be maliciously and unlawfully m.ide.
Section 3. All fines that shall bo recovered under this Fines. act shall inure, one-half to the complainant, and one-half to the Commonwealth.
Section 4. Tiiis act shall take effect upon its passage.
Approved April 13, 1863.
460
1863.— Chapters 151, 152.
Chap. 151
Corporators.
Pririleges.
Real and person- al estate.
An Act to incorporate the boston irish American benevolent
SOCIETY.
Be it enacted, ^'c, as follmvs :
Section 1. Patrick Fennelly, Samuel Hopkins, Patrick Pratt, their associates and successors, are hereby made a corporation, by the name of The Boston Irish American Benevolent Society, for the purpose of benefiting the condi- tion of their members in time of sickness, and by other charitable assistance, with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set fortli in the sixty-eighth chapter of the General Statutes.
Section 2. Said corporation may take and hold real estate not exceeding ten thousand dollars, and personal property not exceeding five thousand dollars, for the pur- poses aforesaid.
Section 3. This act shall take effect upon its passage.
Approved April 14, 1863.
Chap. 152
Corporators.
Title.
An Act to incorporate the southbridge and palmer rail- road company.
Be it enacted, ^'c, as follows :
Section 1. Oliver S. Sanford, of Boston, Ebenezer D. Ammidown, of Southbridge, Newton S. Hubbard, of Brim- field, their associates and successors, are hereby made a corporation by the name of the Southbridge and Palmer
PriTiieges. Railroad Company, with all the powers and privileges, and
subject to all the liabilities, restrictions and duties, set forth in the sixty-third and sixty-eighth chapters of the General Statutes of this Commonwealth.
Location. SECTION 2. Said company is hereby authorized and
empowered to construct a railroad, with one or more tracks, from some point in the town of Southbridge near the Hamilton Woollen Mills, connecting there with the Southern Midland Railroad ; thence through the towns of Southbridge, Sturbridge, Brimfield and Monson, to some convenient point of junction with the Western Railroad, in the town of Palmer, and connecting therewith, not interfer- ing with the depot arrangements or depot grounds at said Palmer.
Capital stock and SECTION 3. The Capital stock of said company shall con- sist of not more than six thousand and five luindred shares, the par value of which shall be one hundred dollars each, the number of which shall be fixed and determined, from time to time, by the stockholders ; provided that they fix and determine not less than five thousand shares in all.
Estate gai(j company may purchase and hold such real and per-
18G3.— Chapter 153. 461
sonal estate as may be necessary for the purpose for wliicli it is incorporated.
Section 4. Said corporation is hereby aiitliorizcd to May cross cereain cross with its railroad at grade tlie twa streets at Globe Village, in Sonthbridge, the highway near Blanchard's Mills, so called, in Palmer, and also the road about one-fourth of a mile easterly of Palmer Station, on the Western Rail- road.
Section 5. This act shall be void unless the said rail- Act to be accept- road is located within two years, and constructed within four years from tlie passage of this act.
Section 6. This act shall take effect upon its passage.
Approved April 14, 1863.
CJiap. 153
Ax Act in addition to an act to establish the city of new
BEDFORD.
Be it enacted, cS'c, as follotcs :
Section 1. The inhabitants of the city of New Bedford cuy continued a
111 • 1 11 !•• 1 11 body politic.
shall contniue to be a body politic and corporate, under the
name of the city of New Bedford, and as such shall have,
exercise and enjoy, all the rights, immunities, powers and lights, immuni-
])rivileges, and shall be subject to all the duties and obliga- '
tions, now incumbent upon and appertaining to said city as
a municipal corporation.
Section 2. The administration of the fiscal, prudential, GoTemment:
1 ..,.,„. n • 1 •■ 1.1 i. mayor, aldermen
and municipal atiairs ot said city, and the government and council, thereof, shall be vested in one principal officer, to be styled the mayor ; one council of six, to be denominated the board of aldermen ; and one council of twenty-four, to be denomi- nated the common council: which boards in their joint capacity, shall be denominated the city council, and the members thereof shall be sworn to the faithful performance of the duties of their respective offices. xV. majority of each Quorum. board shall constitute a quorum for the transaction of busi- ness ; and no member of either board shall receive any compensation. compensation for his services.
• Section 8. The meetings of the citizens for the election Election of city of municipal officers shall be held on the first Monday of ° December, annually ; and the said officers so chosen shall hereafter enter upon the duties of their respective offices on the first Monday of January, annually, and shall hold their Tenure of office. said offices for the term of one year thereafter, and until others are chosen and qualified in their stead, except the assessor at large and the members of the school committee, who shall severally hold their respective offices for three
21
462
1863.— Chapter 153,.
Division into wards.
Election of ward officers ; to be chosen annually.
Oaths, how ad- ministered.
Warden, duties of.
Clerk and inspec- tors.
Warrants for meetings, how issued.
years from the first Monday of January succeeding their election.
Section 4. It shall be the duty of the city council, and they are empowered during the year eighteen hundred and sixty-five, and in every tenth year thereafter, to cause a new division of the city to be made into six wards, in such man- ner as to include an equal number of voters in each ward as nearly as conveniently may be, consistently with well defined limits to each ward ; and until such division be made, the boundary lines of the wards shall remain as now established.
Section 5. On the first Monday in December, annually, there shall be chosen by ballot, in each of the wards of the city of New Bedford, a warden, clerk, and three inspectors of elections, who shall be different persons, residents of the ward in which they are cliosen, whose term of office shall commence on the first Monday in January next ensuing, and they shall hold their offices for one year thereafter, and until others have been chosen and qualified in their stead ; and the warden, clerk and inspectors, before entering upon their duties, shall, respectively, make oath faithfully and impartially to discharge their several duties, relative to all elections ; which oath may be administered by the city clerk to the warden, and by the warden to the ward clerk or inspectors, or to either or all of said officers, by any justice of the peace for the county of Bristol. A certificate that said oath has been taken shall be entered upon the records of the ward by the clerk thereof.
It shall be the duty of such warden to preside at all ward meetings, with the powers of moderator of town meetings ; and if, at any such meetings, the warden shall be absent, the clerk, and in case of the absence of the clerk, any inspector, shall preside, according to seniority of age, until a warden pro tempore shall be chosen.
The clerk shall record all the proceedings, and certify the votes given, and deliver over to his successor in office, all such records and journals, together with all other documents and papers held by him in said capacity. It shall be the duty of the inspectors of elections to assist the warden in receiving, sorting and counting the votes.
All warrants for the meetings of the citizens for muuicipil purposes, to be held either in wards or in general meetings, shall be issued by the mayor and aldermen, and shall be in such form, and shall be served, executed and returned, at such time, and in such manner as the city council may, by any by-law, direct.
1863.— CiiArxER 153. 463
Section G. The nia3'or and six alderiueii, one alderman Election of may- beiiig selected from each ward, shall be elected by the qaal- co'uuc1ime'n° "'"* ified voters of the city at lar^e, voting in' their respective wards ; and four common councilmen shall be elected from and by the voters of each ward, being residents in the wards when elected : all said officers shall be chosen by ballot.
Section 7. On the first Monday in December, annually, proceedings at the qualified voters in each ward shall give in their votes for «''^<^"""''- mayor, aldermen and common councilmen, as provided in tlie preceding section : all the votes so given, shall be assorted, counted, declared and registered, in open ward meeting, by causing the names of persons voted for, and the number of votes given for each, to be written in the ward record at length: the clerk of the ward, within twenty-four certificates. hours after such election, shall deliver to the persons elected meml)ers of the common council, certificates of their election, signed by the warden and clerk and by a majority of the inspectors of elections, and shall deliver to the city clerk, a copy of the records of such election, certified in like manner: jfroi'ided, however^ that if the choice of members of the Proviso, common council shall not be effected on that day, the meet- ing may be adjourned from time to time to complete such election.
Section 8. The board of aldermen shall, as soon as Returns to be ex-
■ 1 1 • ,1 • !• xi ^ 1} amiued andniay-
COnVeniently may be, examme the copies oi the records of or eiect notified.
the several wards, certified as aforesaid, and shall cause the
j)erson.who shall have been elected mayor, to be notified in
writing of his election ; but if it shall appear that no person Failure to elect o
has received a plurality of the votes, or if the person elected pro"eediny*in *
shall refuse to accept the office, the board shall issue its ''^^'
warrants for a new election, and the same proceedings shall
be had in all respects, as arc herein before provided for the
choice of mayor, and repeated from time to time until a
mayor shall be chosen.
Section 9. After the organization of the city govern- ch.airman boar
, •/ C5 of jilciprniGii to DC
ment and the qualification of a mayor, and when a quorum chosen. of the board of aldermen shall be present, said board, the Du«es and pow- mayor presiding, shall proceed to choose a permanent chair- man, who shall, in the absence of the mayor, preside at all meetings of the board, and at conventions of the two branches ; and, in case of any vacancy in the office of mayor, for any cause, he shall exercise all the powers, and perform all the duties of the said office, as long as such vacancy shall continue ; and he shall always have a vote in the board.
464
1863.— Chapter 153.
Vacancy in office of mayor, how filled.
Vacancies in board of al- dermen.
Oath of mayor.
Convention of members elect, for purpose of organization.
Proceedings in case of failure to elect mayor.
Common council, orsanization.
Absence nf mayor elect.
Records.
In case of the decease or resignation of the mayor, or of his inability to perform the duties of his office, the boards of aldermen and common council shall, respectively, by vote, declare that a vacancy exists, and the cause thereof; whereupon the two boards shall meet in convention, and elect a mayor to fill such vacancy ; and the mayor, thus elected, shall hold his office until the inability causing the vacancy shall be removed, or until a new election.
If it shall appear that the whole number of aldermen have not been elected, the same proceedings shall be had as are herein before provided in regard to the office of mayor. Each alderman shall be notified in writing, of his election, by the mayor and aldermen for the time being.
The oaths prescribed by this act may be administered to the mayor by the city clerk, or by any justice of the peace for the county of Bristol.
The aldermen and common councilmen elect shall, on the first Monday of January, at ten o'clock in the forenoon, meet in convention, when the oath required by this act shall be administered to the members of the two boards present, by the mayor, or by any justice of the peace for the county of Bristol ; and a certificate, setting forth that such oath has been taken, shall be entered in the journals of the mayor and aldermen and of the common council, by their respective clerks.
Whenever it shall appear that a mayor has not been elected previously to the said first Monday of January, the mayor and aldermen, for the time being, shall make a record of that fact, an attested copy of which the city clerk shall read at the opening of the convention, to be held as afore- said, on the first Monday of January.
After the oaths have been administered, as aforesaid, the two branches shall separate, and the common council shall be organized by the choice of a president and clerk, to hold their offices during the pleasure of the common council ; the clerk to be under oath faithfully to perform the duties of his office. In case of the absence of the mayor elect, on the first Monday of January, tlie city government shall organize itself in the manner herein before provided, and may proceed to business in the same manner as if the mayor were present ; and the oath of office may at any time there- after, in convention of the two branches, be administered to the mayor, and any member of the city council who may have been absent at the organization. Each board shall keep a record of its own proceedings, and judge of the election of its own members.
1863.— CiiAi'TER 153. 465
Section 10. The mayor shall be tlic cliicf executive duHcs of mayor, officer of the city : it sliall be his duty to be viuihuit and active in causing the hiws to be enforced, and to keep a general supervision over the conduct of all subordinate olfi- cers ; and he may, whenever the pul)lic good may require, remove, with the consent of the appointing f)Ower, any officer over whose appointment he has, in accordance witli the provisions of this charter, exercised the power of nomi- nation.
He may call special meetings of the board of aldermen and common council, or either of them, when, in his opinion, the interests of the city require it, by causing notices to be left at the usual dwelling-place of each mem- ber of the board or boards to be convened.
He shall, from time to time, communicate to both boards such information, and recommend such measures, as the business and interests of the city may, in his opinion, require.
The mayor when present, shall preside in the board of aldermen, and in convention of the two branches, but shall have a casting vote only.
The mayor shall be compensated for his services by a salary of mayor. salary to be fixed by the city council, payable at stated periods, which salary shall not exceed the sura of fifteen hundred dollars annually ; and he shall receive no other compensation : but such compensation shall not be increased or diminished during the year for which he is chosen.
Section 11. The executive power of said city, generally. Executive power. and the administration of police shall be vested in the mayor and aldermen, as fully as if the same were herein specially enumerated.
The mayor and aldermen may require any person who Bonds may be re- may be appointed a marshal or constable of the city, to ^il.r'^bf may'or give bonds, with such security and to such amount as they andawermen. may deem reasonable and proper ; upon which bonds the like proceedings and remedies may be had as are by law provided in case of constables' bonds required by the selectmen of towns in this Commonwealth.
All sittings of the mayor and aldermen (when they are sittings to be not engaged in executive business,) and of the city council l^^'"' ^^•^p'^' and common council shall be public.
Section 12. The city council shall annually, as soon Poiice officers, after their organization as may be convenient, elect by joint ^<=''^°"'<='^<'«en. ballot, in convention, a city marshal and assistants, and con- stables, who shall hold their offices until others are chosen and qualified in their stead ; and all other needful police
466
1863.— Chapter 153.
Proviso.
City clerk and treasurer, elec- tion and duties.
Money and prop- erty of city, du- ties of couucil concerniug.
Aldermen and councilmen in- eligible for ap- pointment to salaried office.
City clerk, quali- ficatiou, duties and tenure of of- fice.
officers, wlio shall bold oflficc for such time as tlie city coun- cil shall, l>y standing ordinance, prescribe : provided, ho w-' ercr, that no person shall lie cliosen a marshal or constable, or to any other office in the department of police of the city, who shall not have been nominated to the city council by the mayor.
The city council shall in such manner as their by-laws shall prescribe, appoint or elect all subordinate officers, (whose aippointment or election is not otherwise provided for) for the ensuing year.
The city council shall in the month of April, annually, elect by joint ballot in 'convention a city clerk, and a city treasurei" who shall be also collector of taxes for the ensuing year; and shall define the duties and compensation of all officers so appointed or elected by them, when such duties and compensation shall not be defined and fixed by the laws of this Commonwealth.
In case of a vacancy in any of said offices, the same shall be filled in the manner prescribed in this section.
The city council shall take care that no money be paid from the treasury unless granted or appropriated ; shall secure a just and prompt accountability, by requiring bonds, with sufficient penalties and sureties from all persons intrusted with the receipt, custody or disbursement of money ; shall have the care and superintendence of the city buildings, and the custody and management of all city prop- erty, witli the power to let or sell what may be legally sold ; and to purchase property, real or personal, in the name and for the use of the city, whenever the interest or convenience of the inhabitants may, in their judgment, require it.
The city council shall, as often as once in a year, cause to be published, for the use of the inhabitants, a particular account of the receipts and expenditures, and a schedule of the city property and the city debts.
Section 13. No person shall be eligible to any office, (except the mayorality,) the salary of which is payal)le from the city treasury, who, at the time of his appointment, shall be a member either of the board of aldermen or common council, and no member of either of these boards shall hold any other office under the city government.
Section 14. The city clerk shall be clerk of the board of aldermen, and shall be sworn to the faithful performance of his duties; he shall perform such duties as shall be pre- scribed by tiie board of aldermen, and shall perform all the duties, and exercise all the powers, by law incumbent upon, or vested in clerks of towns : he shall be chosen for one
186;^.— Cii-vrTER 15:3. 467
•year ami until another is cliOFen and (lualified in his ))lace, but may he at any time removed by the city council : he shall deliver to liis successor in ollice, as soon as chosen and qualified, all journals, records, record-books, papers, docu- ments, and other things held by him in his capacity as city clerk.
Section 15. The qualified voters, at their respective overseers of poor. annual ^vard meetings, shall elect, by hallot, one person in each ward, who shall be a resident of the ward, to be au overseer of the poor ; and the persons thus chosen shall, with the mayor of the city, constitute the board of overseers of the poor, and shall have all the powers, and be subject to all the duties appertaining to overseers of the poor for towns.
Section 10, The qualified voters, at their respective schooi committep annual ward meetings, shall elect, by ballot, one person in each Avard, who shall be a resident of the ward, to be a member of the school committee, who shall hold his office for three years : and the persons thus chosen, with those whose terms of office have not expired, shall constitute the school committee, and have the care and superintendence of the public schools.
Section 17. The qualified voters of the city, at the Assessors. annual meetings in their respective wards, shall elect, by ballot, one person to be an assessor at large, who shall hold his office for three years, and until another is chosen and (jualified in his stead : and the person thus chosen assessor at large, with these whose terms of office have not expired, shall constitute the board of assessors, and shall exercise all the powers, and be subject to all the duties and liabilities of assessors of towns.
In case of a vacancy in the board of assessors, the city vacancy in board council in convention sliall elect, by ballot, a person to fill the same, who shall hold office until the next annual meet- ing for the choice of municipal officers, and until another person shall be chosen and qualified in his stead ; and at said annual meeting a person shall be elected to said office, who shall hold the same for the residue of the unexpired term.
The qualified voters shall, at the same time, and in like Assistant-aases- luanner, elect one person in each ward, who shall be a resi- ^°'^^' dent of the ward, to be an assistant-assessor, who shall hold his office for one year, and until another is chosen in his stead : and it shall be the duty of the persons so chosen, to furnish the assessors with all such information as they may require, relative to the persons and property taxaljle in their respective wards ; and they shall receive fur their services
468 ' 1863.— Chapter 153.
such compensation per diem, as the city council may« determine.
Taxes, how as All taxcs shall be assessed, apportioned and collected, in the manner prescribed by the laws of the Commonwealth : provided, however, that the city council may establish further or additional provisions for the collection thereof.
streets and ways, SECTION 18. Tiic city couucll shall liavc the samc power
powers of council • i /• j ,1 , ij. • t i- • c
oTer defined. m rclatiou to the acceptance, altering, or discontinuing of streets and ways, and the assessment of damages, which selectmen and inhabitants of towns now by law have ; but all petitions and questions relating to laying out, widening, altering or discontinuing any street or way, shall be first acted on by the mayor and aldermen.
Aggrieved party Any pcrsou aggrieved by any proceedings of the mayor
may hare redress , •' , ', °^ . •' •, • yi • /> 1
and aidermcn, or city council, in the exercise oi such powers, shall have the same right of appeal, to the county commissioners of the county of Bristol, as are given by the laws of the Commonwealth to appeal from the decisions of selectmen or the inhabitants of towns. Health officers, SECTION 19. All the powcr and authority, by law vested poi'nt" '°^^^ ^^' in the board of health for towns, shall be vested in the city council, to be carried into execution by the appointment of health commissioners, or in such manner as the city council may deem expedient. Drains and sew- SECTION 20. The city couucil shall liavc authority to "^' cause drains and common sewers to be laid through any
streets or private lands, paying the owners such damage as they may sustain thereby, and to require all persons to pay a reasonable sum for the privilege of opening any drain into said public drains or common sewers, and may make by- laws with suitable penalties for the inspection, survey, admeasurement and sale of wood, coal and bark brought into the city for sale. Police court, ju- SECTION 21. The polico coui't of Ncw Bedford shall have derby-laws.' cognizaucc of all offences against the by-laws and regula- tions which may be established by the city council of the city of New Bedford, and may, on conviction thereof, award such sentence as to law and justice may appertain. Appeals allowed. Ally persou aggrieved by such sentence, may make appeal therefrom to the superior court for the county of Bristol, under the restrictions and conditions provided by law in other cases of appeal from said court. Complaints be- j,^ r^^ prosccutions by complaint before the said police
fore court, cer- r-ii i -i n t t • ^ 1
tain, form set court louuded ou tlic specuil acts of the legislature, or the ordinances and by-laws of tb.e city of New Bedford, it shall be sufficient to set forth in such complaint, the offence fully
1S():3.— Chapter 153. 469
and plainly, substantially and formally ; and in such com- plaint, it shall not be necessary to set forth such special act, by-law, or ordinance, or any part thereof.
Section 22. All elections for county, state, and United fy^ "^te and7ed- States officers who are voted for by the people, shall be held erai officers, man-
Tfi 'iii- Der of, and of
at meetuigs of the citizens qualihed to vote m sucli elections, records ana re- in their respective wards, at the time fixed by law for these """"*■ elections respectively ; and at such meetings, all the votes given for said several officers respectively, shall be assorted, counted, declared, and registered in open ward meeting, l)y causing the names of all persons voted for, and the number of votes given for each, to be written in the ward record, at length : and the ward clerk shall forthwith deliver to the city clerk a certified copy of the record of such elections. Tiie city clerk shall forthwith record such returns, and the mayor and aldermen shall, within two days after every such election, examine and compare all said returns, and make out a certificate of the result of such elections, to be signed by the mayor and a majority of the aldermen, and also by the city clerk, which shall be transmitted or delivered in the same manner as similar returns are by law directed to be made by selectmen of towns.
In all elections for representatives to the general court, in Representatives case the whole number proposed to be elected shall not be '"genera cour . chosen, the mayor and aldermen shall forthwith issue their warrants for a new election, conformably to the provisions of the constitution and laws of the Commonwealth.
Section 23. Prior to every election, the mayor and alder Lists of voters, men shall make out lists of all the citizens of each ward JJlen°to''cau8e'' "o qualified to vote in such elections, in the manner in which ''^ ^'^f pij^^^n^ selectmen of towns are required to make out lists of voters ; delivered to ward and for that purpose, they shall have full access to the ''^^'^^^' assessors' books ar.d lists, and be empowered to call for the assistance of all assessors, assistant-assessors, and other city officers ; and they shall deliver said lists, so prepared and corrected, to the clerks of the several wards, to be used at such elections ; and no person shall be entitled to vote whose name is not borne on such list: and in relation to the General statutes preparation, posting and correction of such lists, the mayor ^^^pp'^- and aldermen shall perform the same duties and be governed by the same regulations as are provided in the sixth chapter of the General Statutes, to be observed by the selectmen of towns : provided, hoioever, that a list of the voters of each ward shall be posted up in one or more public places in each . ward ; and provided, further, that any person whose name provisos. shall not be borne on the list of the ward in which he is 22
470
1863.— Chapter 154.
Meetings of citi- zens, how warned
By-laws, coun- cil may estab- lish and annex penalties.
Proviso.
Forfeitures.
Act subject to amendment.
Repeal.
Act Toid unless accepted.
entitled to vote, when it shall be placed in the hands of the clerk of said ward, shall have the right to have his name entered tliereon at any time tliereafter, before the closing of the polls, upon presenting to the ward officers a certificate signed by the mayor or city clerk, setting forth his riglit to have his name thus entered.
Section 24. General meetings of the citizens qualified to vote, may, from time to time, be held, to consult upon the public good, to instruct representatives, and to take all lawful measures to obtain redress of any grievances, accord- ing to the right secured to the people by the constitution of the Commonwealth ; and such meetings may and shall be duly warned by the mayor and aldermen, upon the requisi- tion of thirty qualified voters.
Section 25. The city council shall have power to make all such salutary and needful by-laws as towns, by the laws of this Commonwealth have power to make and establish, and to annex penalties, not exceeding twenty dollars for the breach thereof; which by-laws shall take effect, and be in force, from and after the time therein respectively limited, without the sanction of any court or other authority what- ever ; and all such by-laws, and all city ordinances, shall be duly published in such newspapers as the city council shall direct: provided^ hoivever, that all by-laws, regulations and ordinances now in force in the city of New Bedford shall, until they expire by their own limitation, or be revised or repealed by the city council, remain in force ; and all fines and forfeitures for the breach of any by-law or ordinance of the city, shall be paid into the city treasury.
Section 26. Nothing contained in this act shall be so construed as to prevent the legislature from altering or amending the same, whenever it shall deem it expedient.
Section 27. All acts and parts of acts inconsistent with this act, are hereby repealed.
Section 28. This act shall be void unless the city council of New Bedford shall, by a concurrent vote of the two branches, voting by yea and nay, within sixty days adopt the same.
Section 29. This act shall take effect upon its passage.
Approved April 15, 1863.
Chap
. 154 -^^ ■^'^^ "^^ REGULATE THE DISCHARGE OF SOLDIERS ON WRIT OF
HABEAS CORPUS.
Be it enacted, §-c., as folloivs : Minor, before dis- SECTION 1. From and after the passage of this act, no
charge upon writ ,. , i^t- i-i- • r>i
of habeas corpus, pcrsou cnlisted or draitcd into the military service ot the
1863.— Chapter 155. 471
United States, or substituted for any person so drafted, who to restore boun- has received, or may hereafter receive bounty money or accScmentr** advance pay, in consideration of his contract of enlistment, ^ostl^a^suai.'"^*'' or of beintr so drafted or substituted into said service, shall be discharged from such service, upon a writ of habeas corpus, on the ground that he was a minor at the time of his enlistment, or on any other ground, until he shall have paid over to the provost-marshal of the district where he is commorant, such bounty money and advance pay, and until he shall have delivered up to said provost-marshal, all clothing, arms, and military accoutrements, by him received, from any officer of the United States, or of the Common- wealth of Massachusetts, for his equipment as a soldier : provided, hoivever, that in cases of enlistment procured by proyiso. fraud, tlie court, in their discretion may discharge the enlisted person upon such terms and conditions as justice may require.
Sectiox 2. The provost-marshal shall keep an account Marshal to ren- of all moneys, clothing, arms and military accoutrements, montwy"to by him received as aforesaid, and once each month, shall pf.''*'^ ^"p-
. . plying.
pay over and deliver the same, to the parties by whom they were paid or furnished to the person mentioned in the preceding section. Approved April 17, 1863.
Chap. 155
An Act coxcerning the apprehension of deserters and
drafted men. Be it enacted, S^'c, asfolloics:
Section 1. The sheriffs and deputy-sheriffs of the counties sheriirs, police of this Commonwealth, the police of the cities, and the con- Sm may'^Tr- stables of the towns, are hereby authorized to arrest, upon >'•''' upon writ-
. T /> 1 IT ^^" order of pro-
the written order of the provost-marshals of the different vost-marshai. districts within this Commonwealth, any person charged with the offence of desertion from the army of the United States, or from the volunteer forces of the United States, and any person who, having been drafted into the military service of the United States, shall fail to attend at the time and place of rendezvous for such drafted person ; and tli€y compensation. are hereby authorized to receive for such arrests, such com- pensation as may be provided therefor by the government of the United States.
Section 2. The sheriffs of the counties of this Common- i^ersons arrested wealth are hereby authorized to receive and confine in the ^e '^aTtrined'^m county jails, persons charged with the offence of desertion county jaii. from the army of the United States, or from the volunteer forces of the United States. Approved April 17, 1863.
472 1863.— Chapters 156, 157, 158.
Chap. 156 '^^ ^^'^ CONCERNING APPLICATIONS TO COURTS OF PROBATE AND ■^' INSOLVENCY.
Be it enacted, §t., as folloios :
Registers may re- SECTION 1. Registers of probatG and insolvency may in
ete!,\ndfssueor' tlieii' several counties, at any time, receive and place on file
der of notice. petitions and applications to the probate court and tiie court
of insolvency, and may issue proper orders of notice and
citations in the same manner and with the same effect as the
Judges may judges of Said courts may now do; but when, the judge
deems such notice insufficient, he may order such further
notice as the case requires.
i^epeai. SECTION 2. The ouc hundred and sixty-third chapter of
the acts of the year eighteen hundred and sixty, is hereby
repealed. Approved April 17, 1863.
ChdV 157 "^^ ^^^ ^^ RELATION TO THE ACKNOWLEDGMENT OF LEGAL INSTRU- ' ' MENTS AND SUMMONING WITNESSES.
Be it enacted, §t., as follows : Justices may at- SECTION 1. JusticGs of the peacc may take acknowledg-
test in any coun- • c i j iii'ii_. i_
ty. ments oi deeds and otiier instruments in any county.
Arbitrator, being SECTION 2. Ally arbitrator wlio is a justice of the peace, minister! '^^^'^ ' may take the acknowledgment provided for in section two, chapter one hundred and forty-seven of the General Statutes. Justices' ciTii Section 3. Summonses for witnesses in civil cases, issued
thMitatlve^in by justices of tliG pcacc, may be served in any county, and any county. any witucss SO summoucd, and who has been tendered his legal fees, shall be obliged to attend as directed by the sum- mons. Approved April 17, 1863.
Chap. 158 ^ ^CT TO PROVIDE FOR THE ATTENDANCE OF WITNESSES BEFORE
MUNICIPAL AUTHORITIES.
Be it enacted, ^c, as follows :
Maybecompeiied SECTION 1. Witncsscs may be summoned, and compelled to/'conditions''''as to attend, producc books and papers, and testify before any city council, or either branch of such council, or any joint committee thereof, or special committee of either branch thereof, or any board of selectmen, at any hearing before any such council, committee or board, as to matters within their respective jurisdiction ; and such witnesses shall be summoned in the same manner, paid the same fees, and be subject to the same penalties for default, as witnesses Oaths, how ad- bcfore Dolicc courts of tliis Commonwealth. And the pre- Siding officer of such city council or of either branch thereof, and any member of any such committee or board of select- men, are hereby severally authorized to administer oaths, to all such witnesses as shall appear before such council or
witnesses before police courts.
ministered.
1863.— Chai'ters 159, 160, 161. 473
cither l)rancli thereof, or any sueh committee or board respectively.
Section 2. In case any witness so summoned and paid in casB of failure
,., ,. ... ,,1. p 1 ii to iittuud, witness
shall lail to attend m ])ursuancc ol such summons, tlie pre- to answer for con- sidinj>- olVieer of such city council, or of cither branch there- '"'"'''• of, or the chairman of the board of selectmen, may issue a warrant to bring such witness before them to answer for the contempt, and also to testify as a witness in the cause in which he was summoned.
Section 3. This act shall take effect upon its passage.
Approved April 17, 1SG3. An Act authorizixg the removal of certaix Indians to the Chap. 159
STATE ALMSHOUSES.
Be it enacted, ^c, as follows :
Guardians and agents of the several tribes of Indians iu onar'^'^^ns and
-_ 1 1 • n 1 1 T T agents to act,
this Commonwealth, are authorized to send such Indians to with approval the state almshouses as they may deem the interest of the missioMrs!'°'"" state and the welfare of said Indians require ; first obtaining a permit from one of the alien commissioners.
Approved April 17, 1863.
Chap. 160
An Act coxcerning the removal of gates from the roads in
the town of hull. Be it enacted, Sfc, as follows :
Section 1. No person or corporation shall have the right Maintenance of to erect, keep or maintain any gate across any town way or ^**''^ proii>b>ted highway in the town of Hull, and so much of the provisions of chapter fifty-six of the special laws, passed on the twenty- second day of June, in the year eighteen hundred and eleven, as authorizes the erection and maintenance of any such gates, is hereby repealed : and the selectmen of said selectmen may town shall forthwith remove any such gate now standing ^'^'^°^^' upon any highway or town way in said town.
Section 2. Any person or corporation sustaining dam- Damages may be ages by this act, may have their damages assessed and paid, '"''''^^*' in the same manner in all respects as is now provided for the assessment and payment of damages for the taking of land for a highway. Approved April 17, 1863.
An Act to confirm certain acts done by watson go ward, as Chap. 161
I A .JUSTICE OF THE PEACE.
Be it enacted, §'c., as follows :
Section 1. All acts done by Watson Goward of Newton, in the county of Middlesex, esquire, as a justice of the peace within and for the county of Suffolk, between the eighth day of May in the year one thousand eight hundred and
474 1863.— Chapters 162, 163.
sixty-two, and the thirtieth day of March in the year one thousand eight hundred and sixty-three, be and they hereby are made valid and confirmed to the same extent as they would have been valid had he been during that interval duly qualified to discharge the duties of the said office. Section 2. This act shall take effect upon its passage.
Approved April 17, 1863.
Chap.
]^(32 An Act to authorize s. s. tuckwell and others to build a wharf in south amesbury. Be it enacted, ^'c, as follows :
S. S. Tuckwell, Patten Sargent, Willis P. Sargent, and James Whitten, are hereby authorized to build a wharf opposite the land of said Tuckwell, in the village of South Amesbuiy, and to extend the same into Merrimack River a distance not exceeding one hundred and fifteen feet from higli-water mark, and not beyond a point where the depth of water at mean low tide exceeds seven feet ; with the right to lay vessels thereat, and to collect for wharfage and dockage : provided, that this grant shall not affect the legal rights of any person. Approved April 17, 1863.
Chap. 163
Acushnet River.
An Act for supplying the city of new Bedford with pure
WATER.
Be it enacted, §'c., as follows :
May supply from SECTION 1. Tlic cltv of Ncw Bcdford is hereby author- ized to take, hold, and convey by steam or other power, to, into, and through the said city, by suitable aqueducts or pipes, the waters of the Acushnet River, and the waters which flow into and from the same, and may also take and hold, by purchase or otherwise, any land, real estate, or water rights, necessary for erecting, laying and maintaining, and may erect, lay and maintain, such aqueducts, pipes, dams, gates, pumps, bridges, reservoirs, embankments, water-ways, drains, or other structures, as may be necessary or convenient to insure the purity of the said waters, or to convey said waters into and for the use of the said city of New Bedford : provided, that in the event of the construction of a dam across said River Acushnet, it shall not be located south of a line drawn east and west from the northerly line of build- ings now occupied by the New Bedford Copper Company, or north of a line drawn east and west from the southerly line of the town of Acushnet, within the tide waters of said river, but at any point north of tide water in said river ; nor in such a manner as to prevent the passage of vessels through the same.
18()3.— CiiArxER 1()3. 475
Section 2. For the purposes of distribution, the city may Mayiaypiix^and
1 J • , 1 I'll' ' 'I'iii r''gulato use of,
lay down pipes to any liouse or buildnig in said city, the ana of water. owner or owners thereof havin<r notice and not objecting thereto; and may make and establish public hydrants, in such places as may from time to time be deemed proper, and prescribe the purposes for which they may be used, and may chanoe or discontinue the same; may regulate the use of the water within and without the said city, and establish the price or rents to be paid for the uses thereof. And the said May construct
/.I o • 1 1 1 J. aqueducts, etc.
city may, for the jnirposes aiorcsaid, carry and conduct any aqueducts or other works, by them to be made or con- structed, over or under any water-course, or any street, turnpike road, highway, or other way, in such manner as not to obstruct or impede travel thereon, or the free flow of the water therein.
l^ECTiON 3. Three commissioners shall be chosen by the commi.«)sioners to
.,. . , 11I1' ii' • superintend shall
city council in convention, who shall during their continu- be chc^^en, sub- ancc in office, superintend and direct the execution and tTcity°c'ouncii!*^ performance of all the works, matters and things mentioned in the preceding sections, which are not otherwise specially provided for in this act ; they shall be subject to such ordi- nances, rules and regulations, in tiie execution of their said trust, as the city council may from time to time ordain and establish, not inconsistent with the provisions of this act, and the laws of this Commonwealth ; they shall respectively Tenure of office. hold their said office for the term of two years next after their said appointment, unless the a(j[ueducts and work's aforesaid shall be sooner completed ; but they, or either of them, after having had an opportunity to be heard in his or tlieir defence, may be removed at any time by a concurrent vote of two-thirds of the whole number of each branch of the city council; and in case of a vacancy in the board of com- vacancy, how missioner.';, by death, resignation or removal, such vacancy ^"'''^" shall be filled by the choice of another commissioner in manner aforesaid, who shall hold his said office for the resi- due of the said term of two years, with all the powers and subject to all the restrictions aforesaid. A major part of Quorum. said commissioners shall be a quorum for the exercise of the powers, and the performance of the duties of the said office ; they shall, once in every three months, and whenever Quarterly report. required liy the city council, make and present, in writing, a particular report and statement of all their acts and pro- ceedings, and of the condition and progress of the works aforesaid.
Section 4. Before the choice of the commissioners afore- comppnsation of said, the city council shall establish and fix the salaries or
commissioners.
476
1863.— Chapter 163.
Upon expiration of commission, powers to vest in city council.
City liable for
Aggrieved party may apply for ad- justment to su- perior court.
Petition and summons.
Upon default of city, court may appoint arbiters.
compensation to be paid to the commissioners for their services. And the said salaries of the said commissioners so established, and fixed as aforesaid, shall not be reduced during their continuance in said office, respectively.
Section 5. Whenever the said office of commissioners shall cease, either by the expiration of the said term of two years from the original appointment, or by tlie completion of the aqueduct and works mentioned in tlie preceding sections of this act, all the rights, power and authority given to the city of New Bedford by this act, shall be exer- cised by the said city, subject to all the duties, liabilities and restrictions herein contained, in such manner and by such agents as the city council shall from time to time ordain, appoint and direct.
Section 6. The said city of New Bedford shall be liable to pay all damages that shall be sustained by any persons in their property by the taking of any land, water, or water- rights, or by the constructing of any dams, aqueducts, res- ervoirs, or other works, for the purposes of this act. And if the owner of any land, water, or water-rights, which shall be taken as aforesaid, or other person who shall sus- tain damage as aforesaid, shall not agree upon the damage to be paid therefor, he may apply by petition, for the assess- ment of his damages at any time within three years from the taking of said land, water or water-rights, or sustaining damage as aforesaid, and not afterwards, to the superior court in the county in which the same are situate, unless sooner barred, as provided in tlie seventh section of this act ; such petition may be filed in the clerk's office of said court, in vacation or in term time, and the clerk shall thereupon issue a summons to the city of New Bedford, returnable, if issued in vacation, to the then next term of said court, and if in term time, returnable on such day as the court shall order, to appear and answer to the said petition : the said summons shall be served fourteen days at least before the return day thereof, by leaving a copy thereof, and of the said petition, certified by the officer who shall serve the same, with the mayor or clerk of said city ; and the said court may, upon default or hearing of the said city, appoint three disinterested freeholders of this Commonwealth, who shall, after reasonable notice to the parties, assess the damages, if any, which such petitioner may have sus- tained as aforesaid ; and the award of the said freehold- ers, or of the major part of them, being returned into and accepted by tlie said court, shall be final, and judgment shall be rendered and execution issued tiiereon for the pre-
cases.
lS(v^— CiiArxER 16:3. • 477
vailing party, witli costs, unless one of the said parties shall claim a trial by jury, as hereinafter provided.
Section 7. Whenever any damages shall have been siis- city may com- tained by any persons as set fortii in the sixth section of this ("gsTn^'ceruia act, and such persons shall neglect to institute proceedings against the city of New Bedford according to the provisions of this act, for the space of twelve months, it shall be law- ful for the city of New Bedford to commence such proceed- ings, which shall go on and be determined in the same manner as if commenced by the persons who shall have sustained such damage ; and if such persons, on receiving due notice, shall not come in and prosecute the proceed- ings so instituted, judgment shall be entered against them, without costs, and they shall be forever barred from recov- ering any damages under this act.
StXTiON 8. if either of the parties mentioned in the Party dissatisfied sixth section shall be dissatisfied with the amount of dam- havejur" '""^^ ages awarded as therein expressed, such party may, at the term at which such award was accepted, or the next term thereafter, claim, in writing, a trial in said court, and have a jury to hear and determine at the bar of said court, all questions of fact relating to such damages, and to assess the amount thereof; and the verdict of such jury being accepted g^^f"''*''^^ and recorded by the said court, shall be final and conclusive, and judgment shall be rendered and execution issued thereon, and costs shall be recovered by the said parties respectively, in the same manner as is provided by law, in respect to proceedings relating to the laying out of highways.
Section 9. No application shall be made to the court ibr Application for the assessment of damages for the taking of any water-rights, damans" until the water shall be actually withdrawn or diverted by the said city under the authority of this act.
Section 10. In every case of a petition to a superior Adjustment of court for the assessment of damages, as provided in the costs, and sus- sixth, seventh, eighth and ninth sections of this act, the ceSgs"^^"''*' city of New Bedford, by any of its officers, may tender to the complainant or his attorney any sum that they shall think proper, or may bring the same into court to be paid to the complainant for the damages by him incurred, or claimed in his petition ; and if the complainant shall not accept the same with liis costs up to that time, but shall proceed in the suit, he shall be entitled to his costs up to the time of the tender, or such payment into court, and not afterward ; and the said city shall be entitled to recover its costs afterward, unless the complainant shall recover greater damages than were so offered.
23
478
1863.— Chapter 163.
" Water bonds " may be issued to meet expendi- tures.
Not to exceed
S5O0,OOO.
City council may pass ordinanoes for preservation of works.
Proyiso.
Water rates, council may regulate.
Liabilities of landlord and tenant. Use of water with- out consent, action lor damages al- lowed.
Section 11. For tlie purpose of defraying all tlie costs and expenses of such lands, estates, water, and water-rights, as shall be taken, purchased or held, for the purposes men- tioned in this act, and of constructing all aqueducts and works necessary and proper for the accomplishment of the said purposes, and all expenses incident thereto, heretofore incurred, or that may be hereafter incurred, the city council shall have authority to issue, from time to time, scrip, notes, or certificates of debt, to be denominated on the face thereof, " Water Bonds of the City of New Bedford," to an amount not exceeding five hundred thousand dollars, bearing interest at a rate not exceeding the legal rate of interest iu this Commonwealth, which shall be redeemable at a period of time not less than ten nor more than fifty years from and after the issue of said scrip, notes or certificates, respectively ; and the said city council may sell the same, or any part thereof, from time to time, at pul)lic or private sale, or pledge the same for money borrowed for the purposes afore- said, on such terms and conditions as the said city council shall judge proper; and the said city council may, for the purpose of meeting payments of such interest as may accrue upon any certificate of debt, make such further issue of scrip, notes or certificates of debt, as may be necessary therefor.
Section 12. The city council may, from time to time, pass such by-laws and ordinances as tiiey may deem proper for the preservation and protection of all orany of the works connected with the supplying of the city of New Bedford with pure and wholesome water, under and by virtue of this act: provided, such by-laws and ordinances are not incon- sistent with any laws of this Commonwealth, or with the constitution thereof, subject at any time to be repealed or modified by the legislature ; and may, also, organize a depart- ment, with full powers for the management of such works and the distribution of the said water.
Section 1.3. The city council shall, from time to time, regulate the price or rent for the use of the water, with a view to the payment, from the net income and receipts, not only of the semi-annual interest, but ultimately of the prin- cipal of said debt, so contracted, so far as the same may be practicable and reasonable. And the occupant of any tenement shall be liable for the payment of the price or rent for the use of the water in such tenement ; and the owner thereof shall also be liable, if, on being notified of such use, he does not object thereto ; and if any person or persons shall use any of the said water, either within or without the
1863.— CiiArxERs 1G4, 1G5. 479
said city, Avitliout tlic consent of the city, an action of tort may be maintained against him or them lor the recovery ol' damages therelor.
Section 14. If any person or persons sliall wilfully or DiyeninK or cor- maliciously divert the water or any part thereof, of any of the [,?]'u'rhfg'''*l"i'k°s ponds, streams or water sources, which shall be taken by the "f j^^^^g"^ '"'''^ city, pursuant to the provisions of this act, or shall corrupt the same, or render it impure, or destroy or injure any dam, aqueduct, pipe, conduit, hydrant, machinery or other prop- erty, held, owned or used by the said city, by the authority, and for the purposes of this act, such person or persons shall forfeit and pay to the said city, three times the amount of the damages that shall be assessed therefor, to be recovered bv any proper action. And such person or persons may, Further liability
•^''^ •!•, , 1 -J.- p-ii rj.1 upon couviction.
moreover, on indictment and conviction oi either oi tlie wilful and malicious acts aforesaid, be punished by fine not exceeding one thousand dollars and imprisonment not exceeding one year.
SectiGxV 15. The provisions of this act shall be void. Act to be accept- unless submitted to, and approved by, the voters of the city year. of New Bedford, at meetings held simultaneously, for the purpose, in the several wards, within one year from the passage of this act upon notice duly given, at least seven days before the time of holding said meetings.
Approved April 18, 1863.
Ax Act in addition to an act to levy taxes on certain insur- QJko) 164
ANCE companies AND ON DEPOSITORS IN SAVINGS BANKS. ^
Be it enacted, ^'c, as follows :
The tax provided for in section four of chapter two hun- Jif '® *''',*'^ '° '^• dred and twenty-four, of the acts of eighteen hundred and vanced to 3-4 per sixty-two, shall be increased to three-fourths of one per cent. ''''°'' per annum. Approved April 18, 1863.
An Act concerning married women carrying on business on Chap. 165
THEIR SOLE AND SEPARATE ACCOUNT. -'
Be it enacted, ^'c, as follows :
Section 1. The provisions of section three, of chapter one copartnership hundred and eight of the General Statutes, authorizing ^ p™ ' "^ • married woman to carry on any trade or business on her sole and separate account, shall be so construed as not to allow her to enter into copartnership in business with any person.
Section 2. This act shall take effect upon its passage.
Approved April 18, 1863.
480 1863.— Chapter 166.
C/lGD 166 ■^^ ^^'^ ^^ PROVIDE FOR THE RECEPTION OF A GRANT OF CONGRESS, -* ' AND TO CREATE A FUND FOR THE PROMOTION OF EDUCATION IN
AGRICULTURE AND THE MECHANIC ARTS.
Be it enacted, ^'c, as follows :
Commonwealth SECTION 1. The Commonwealtli of Massachusetts hereby
oru!'s. ^^^°^ accepts the grant offered to it by the United States, as set
forth and defined in the act of congress entitled " An Act
donating public lands to the several states and territories
which may provide colleges for the benefit of agriculture and
the mechanic arts," said act being chapter one hundred and
thirty of the statutes of the United States, passed at the
second session of the thirty-seventh congress, and approved
by the president July second, in the year eighteen hundred
and sixty-two, upon the terms and conditions contained
Governor to give aud sct fortli iu Said act of congress ; and the governor of
notice thereof, the Commonwcalth is hereby authorized and instructed to
give due notice thereof, to the government of the United
States.
To receive land SECTION 2. Thc govcmor is hcrcby authorized and iu-
sued. ^^^^" '^" structed to receive, by himself or his order, from the secretary
of the interior, or any other person authorized to issue the
same, all the land scrip to which this Commonwealth may
be entitled by the provisions of the before-mentioned act of
congress.
To appoint com- SECTION 3. The govcmor, with the advice and consent of
M.tTsMip. °' the council, is hereby authorized and instructed to appoint a
commissioner, whose duty it shall be to locate, without
unnecessary delay, all the land scrip which may come into
the possession of the Commonwealth by virtue of this act,
and to sell the same from time to time, on such terms as the
Commissioner to govcrnor and couucil shall determine. Said commissioner
furndoi'ifgs^emt shall glvc a boud, witli sufficient sureties, in the penal sum
annually, or Qf (^ffy tliousaud dollars, to bc approved by the governor and
when required. "-i i i \ i • o \ • rr
council, that he will faithfully perform the duties of his office, and shall render full and accurate returns to them, at the end of every six months, or oftener if required to do so by
Compensation, them, of his proceedings under this act. The compensation of said commissioner shall be fixed by the governor and council, and shall be paid out of the treasury of the Com- monwealth, and the governor is hereby authorized to draw his warrants therefor.
Moneys received SECTION 4. All moucys rcccived by virtue of this act, for
for scrip to be , _ , , . ■ 1 1 i . . . i i . i • i
paid Treas'r, .and thc salc 01 laud scrip, shall be immediately deposited with
invesfed^m^fun^^ the trcasurcr of the Commonwealth, who shall invest and
tions. |^q|(J ^\^q gaf^^Q j^ accordance with the fourth section of the
afore-mentioned act of congress. The moneys so invested
18();3.— Chaiter Kh. 481
shall constitute a perpetual fund, to be entitled the Fund for tlie Froniotion of Education in Agriculture and the Mechanic Arts, which shall be appropriated and used in such manner as the legislature shall prescribe, and in accordance with the said act of congress.
Section 5. This act shall take effect upon its passage.
Approved April 18, 18G3.
Ax Act to authorize the formation of the state guard. >^7 -i p^y Be it enacted, ^r., as follotvs : ■'■ '
Section 1. Tiie citizens in the several cities and towns, citizens of 45 above the age of forty-five years, may form volunteer compa- orpanheT ma^- nies for military service, to be called the State Guard, and jonty prescribe. may uniform, arm and equip themselves, as a majority of the same may respectively prescribe.
Section 2. Each company of infantry or riflemen shall infantry and ri-
• . p . • r 1. ^• J. J. IT flenien, coniposi-
consist 01 one captain, one first fieutenant, one second lieu- tionofcompaaies tenant, one first sergeant, one quartermaster-sergeant, four '^''^'^^'^■ sergeants, eight corporals, two musicians, one wagoner, a clerk who shall be one of the sergeants, and not less than sixty-four nor more than eighty-two privates.
Section 3. Each battery of artillery shall consist of one Batteries of artn captain, one first lieutenant, one second lieutenant, one first ^"^' sergeant, one quartermaster-sergeant, four sergeants, eight corporals, two musicians, two artificers, one wagoner, and one hundred and twenty-two privates.
Section 4. To each company there shall be a clerk, who cierk of company shall be one of the sergeants.
Section 5. The officers shall be chosen, commissioned omcers, choice and qualified, and the non-commissioned officers appointed uo'ns.'^"'* ' '^^' and qualified, in the same manner, and have the same rank as is provided in the laws concerning the militia for similar officers.
Section 6. Each company may make by-laws, rules and companies may
I ^. • T /• -i. J. r" • xi X- „ establish rules
regulations providing tor its government, tixmg the times 01 for govemmeut.
parade tor drill, company discipline and maneuver, and the
manner of calling out and notifying its members therefor,
and establish fines for non-attendance of members and for
their deficiency of uniform, arms and equipments thereat,
which fines shall be collected and disposed of for the benefit
of the company, as its members may determine.
Section 7. The commanding officer of each company commandor to shall make an annual return to the adjutant-general, of his to'^miju'tant"'' ^' com))any, on or before the first day of Novemljer, reporting ""'• therein the number of men enrolled, tlie number present and doing duty at its last parade, the state of its equipment
gen-
482 1863.— Chapter 167.
and efficiency, with such suggestions as he deems proper
relating to the corps to which it belongs.
Governor may or- SECTION 8. Tlic commander-in-cliief may order out the
der guard. state guard to suppress insurrection, repel invasion by the
public enemies of the United States, and to garrison the
defences of the sea-coast.
Companies in de- SECTION 9. Whcu ouc or moro couipanics scrvc togctlicr
omceT'to ^com- ^s a Separate detachment, the senior officer present shall
mand. commaud, until the commander-in-chief assigns an officer
of suitable rank to that duty.
Guard subject to SECTION 10. Thc guard may bc ordcrcd to aid the civil
cmi authority. £mt}jority iu suppressing a tumult, riot, mob or body of men
acting together with intent to commit a felony, or to offer
violence to persons or property, or by force and violence to
break or resist the laws of the Commonwealth or of the
United States, by the same authority and in the same
manner as is provided by law for calling out the militia for
similar duty.
Limitation of ser- SECTION 11. Tlic guard sliall uot be required to serve
beyond the limits of the Commonwealth, Compensation. SECTION 12, Whcu Ordered out for duty by the com- mander-in-chief, or by the civil authority, as provided in section ten, each member of the guard shall receive one dollar and thirty cents for each day's service. Foils and returns, SECTION 13. Tiic adjutant-gcncral shall furnish the furaifhwauks.'° scvcral compauics with the blank forms of rolls and returns, now required to be furnished to the companies of militia, with such alterations as will make them conform to the organization and service of the guard. Company may SECTION 14. Eacli couipauy may choose a board of trustees, of not less than five nor more than nine persons, who shall be members of said company. A majority of said trustees shall constitute a quorum, and vacancies happening in the board shall be filled in such manner as the members of the company direct. vovrcvs and du- SECTION 15, Tlic trustccs of any such company may purchase, receive, hold and manage real estate to tlie value of ten thousand dollars, and may hold personal estate to the same value, for such company, and may also hold any gift, bequest or donation made to such company, and manage the same by investment or otherwise, for the benefit of such company. Company proTid- SECTION 16. Eacli couipauy formed under the provisions bTfura'i8heda"rms of this act, ou appHcatiou of the commander thereof to the aud equipmeuw. adjutaii t-geucral, and producing satisfactory evidence that a suitable armory or place of deposit is provided, may be
18():3.— Chapters IGS, lOl). 483
furnished, as a loan, under such regulation as ho may pre- scribe, witii such appropriate arms and eipiipments as shall be determined by the commander-in-chief.
Section IT. This act shall take effect upon its passage.
Aiijtrnved April 21, 18G3. An Act to incoupouate the hibkrnian benevolent society of QJiap. 168
BOSTON. -^
Be it enacted, Sec, as foUoics:
Section 1. Michael Doherty, Nicholas J. Bean, Neil 0. corporators. Donnell, their associates and successors, are hereby made a corporation by the name of the Hibernian Benevolent Soci- Title, ety, in the city of Boston, for the purpose of benefiting the Purpose, condition of their members in time of sickness, and by other charitable assistance ; with all the powers and privi- Privileges. leges, and subject to all the duties, liabilities and restric- tions, set forth in the sixty-eighth chapter of the General Statutes.
Section 2. Said corporation may take and hold real Real and person- estate, not exceeding twenty-five thousand dollars, and ))er- sonal property not exceeding ten thousand dollars, for tiie purposes aforesaid.
Section 3. This act shall take effect upon its passage.
Approved April 21, 1863.
An Act to incorporate the boston and fairhaven iron works. QJiap. 169 Be it enacted, ^'c, as follows :
Section 1. F. R. Wiiitwell, junior, Bartholomew Taber corporators. and W. G. Robinson, their associates and successors, are herel)y made a corporation by tlie name of the Boston and Title. Fairhaven Iron Works, located in the town of Fairhaven, for the purpose of manufacturing wrought and cast-iron ; and for this purpose shall have all the powers and privileges. Privileges. and be suliject to all the duties, restrictions and liabilities, set forth in the sixtieth and sixty-eighth chapters of the General Statutes, and all acts passed subsequently thereto, relating to manufacturing corporations.
Section 2. The said corporation may hold for the pur- capital stock and poses aforesaid, real estate to the amount of fifty thousand ^'^ *'*'""'■ dollai's, and the whole capital stock of said corporation shall not exceed one imndred thousand dollars, in shares of one hundred dollars each ; and no shares of said corporation shares. shall 1)6 issued for a less sura to be actually paid in on each, than the par value of the shares which shall first be issued.
Section 3. This act shall take effect upon its passage.
Approved April 21, 18G3.
484: 1863.— Chapter 170.
Chat) 170 "^^ -^^^ ^'^ INCORPORATE THE MELROSE AND SOUTH READING ^' noRSK RAILROAD COMPANY.
Be it. enacted, ^'c, as follows : Corporators. SECTION 1. Loriii L. Fuller, Samuel Rice, Henry A.
Norris, their associates and successors, are hereby made a Title. corporation by tlie name of the Melrose and South Reading
Horse Railroad Company, with power to construct, maintain and use a railroad, with convenient single or double tracks, Location. froiii sucli poiut or poiuts of intersection in Maiden, in the
May intersect couuty of Middlcscx, witli the raili'oad of the Maiden and Ml\ro'^l''Rtii'roT(il Mclrosc Railroad Company, as may be fixed by the select- with its assent. lyiQu of Said towii of Maldcu, witli the assent of said corpora- May use high- tion in writing expressed, and filed with said selectmen, and mtned by select- upoti and ovcr sucli of thc strccts and highways of said ™*'^" town, as may be from time to time fixed and determined by
said selectmen, with the written assent of said corporation, filed as aforesaid ; thence upon and over such of the streets and highways of the town of Melrose, as may be from time to time fixed and determined by the selectmen of said town of Melrose, with the written assent of said corporation, filed as aforesaid ; thence over and upon such of the streets and highways of said town of South Reading, as may be from time to time fixed and determined by the selectmen of said town of South Reading, with the written assent of said cor- Tracks, distance poratioii, filed as aforesaid: and the tracks of said railroad romsi ewa s. gjj^^^ ^q ^j^-^^ j^^. g^gii distauccs froiii thc sidcwalks in said towns as the selectmen of said towns shall respectively, in their orders fixing the route and location of said railroad, Transportation of determine. Said corporation shall have power to fix, from erty°°MudiS.s time to time, such rates of compensation for transporting and rate of fare. pgi-gQus aud property, as tlicy may think expedient; but the rate of passenger fare shall not exceed five cents per mile for each passenger, and no property shall be transported at such times or in such manner as to interfere in any way , whatever with tlie transportation of passengers. Said cor-
poration shall have all the powers and privileges, and be subject to all the duties, liabilities and restrictions, set forth in the sixty-third and sixty-eighth chapters of the General Statutes, and in all general laws which are or may be in force relating to horse railroad corporations. May e.xchange SECTION 2. The corporatioii hereby created may enter
U'^t^ of tracks */ */
with Maiden and upou aiid usc tlic tracks of tlic Maiden and Melrose, and
die'JeTcos^'^'^' Middlesex Railroad Companies, in such mode, and upon
such rates of com[)ensation,as maybe agreed by the parties;
or in case of disagreement, such mode and rates shall be
fixed by three commissioners, to be appointed by the
ISt;:].— Chapter 170. 485
supreme judicial court : and tlio said ^falden and Melrose, T)i«nffrpoment, and Middlosex Railroad Companies, may iii like manner and on the same terms and conditions, enter upon and use the tracks of the corporation hereby created.
Section 3. Said tracks or roads shall be operated and Motive powerand used by said corjioration, with horse-power only. The selectmen of said towns sliall have power at all times, to make all such rcjiulations, as to the rate of speed and mode of use of the tracks in their respective towns, as the public convenience and safety may require.
Section 4. Said corporation shall keep and maintain in Repairs of high- repair such portion of the streets and highways respectively, ^"^^^ as is occupied by their tracks, and shall be liable for any Liabilities. loss or injury, that any person sustains, by reason of any carelessness, neglect or misconduct of any of its agents and servants, in the management, construction or use of said roads or tracks ; and in case any recovery is had against either of said towns, by reason of such defect or want of repair, said corporation shall be liable to pay such towns respectively, or either of them, any sums thus recovered against them, together with all costs and reasonable expen- ditures incurred by them respectively, in the defence of any such suit or suits, in which recovery is had ; and said cor- Restriction. poration shall not use any portion of the streets or highways not occupied by said road or tracks.
Section 5. If any person shall wilfully and maliciously Penalty for ob- obstruct said corporation in the use of said road or tracks, ration!"^ ^^'^^ or the passing of the cars or carriages of said corporation thereon, such person, and all who shall be aiding or abetting therein, shall be punished by a fine not exceeding five hun- dred dollars, or by imprisonment in the common jail for a period not exceeding three months.
Section 6. If said corporation, or its agents or servants, obstruction by
1I1-1P11 1 1--1 1 1-1 1 corporation.
snail wrliully and maliciously obstruct any highway, or the passing of any carriages over the same, such corporation shall be punished by a fine not exceeding five hundred dollars.
Section 7. The capital stock of said corporation shall not capital. exceed one hundred thousand dollars, to be divided into shares. shares of one hundred dollars each.
Section 8. Said corporation shall have power to purchase Keai estate. and hold such real estate, within said towns, or either of them, as may be convenient or necessary for the purposes for which it is incorporated.
SfXTiON 9. The said road shall be constructed and construction and maintained in such form and manner, and upon such grade, ^alT. ^""""^^
24
486
1863.— Chapter 170.
Notice to abut- ters.
Control of high- ways by munici- pality.
Discontinuance of track, select- men may deter- mine.
Maiden, Melrr>?e and South Read- ing may purchase road after ten years.
as the selectmen of said towns, respectively, in their votes fixing and determining the route and location thereof, as aforesaid, prescribe and direct ; and whenever, in the judg- ment of said corporation, it is necessary to alter the grade of any street so occupied by it, such alteration may be made at the sole expense of said corporation : provided^ such alteration shall be assented to by the selectmen of the town within which the same is to be made. Notice to abutters on streets and highways, in which it is proposed to lay the tracks of said corporation, shall be given, by publishing in such newspapers as the selectmen of said towns shall determine, and also by posting in three public places in each of the towns of Maiden, Melrose and South Reading, notice of the proposed location, and of the time and place of hearing thereon, fourteen days, at least, before the same shall be made.
Section 10. Nothing in this act shall be construed to prevent the selectmen of either of said towns from entering upon and taking up any of the public streets or highways traversed by said railroad, for any purpose for which they may now lawfully take up the same.
Section 11. At any time after the expiration of one year from the opening for use of the tracks of said railroad, in any street or road in which the same is located, as provided by its charter, the selectmen of said towns, respectively, may determine as to so much of said tracks as is located within their respective limits, that the same, or any part thereof be discontinued; and thereupon the location shall be deemed to be revoked, and the tracks of said railroad shall forthwith be taken up and removed, in conformity with the order of said selectmen ; and such taking up and removal shall be at the expense of said railroad corporation.
Section 12. The towns of Maiden, Melrose and South Reading, or either of them, may at any time during the continuance of the charter of said corporation, and after the expiration of ten years from the opening of any part of said road for use, purchase of said corporation, all tiie franchise, property, rights and furniture of said corporation, by paying therefor such a sum as will reimburse to each person who shall then be a stockholder therein, the par value of his stock, together with a net profit of ten per cent, per annum, from the time of the transfer of said stock to him on the books of the corporation, deducting the dividends received by said stockholder thereon ; said towns having the right to purchase only that part of the corporate property, which relates to and lies within the limits of their own jurisdic-
■Sw^
1863.— Chapters 171, 172. * 487
tions respectively, and payiiif; therefor a proportionate sum, on tlic basis above mentioned, to ho ascertained and fixed by commissioners to be appointed by the supreme judicial court.
Section 13. This act shall be void, so far as relates to Acceptance of act
,, •1,, , , •! !• -.I c -Ji.— and construction
the ri<iht to construct said road, m either oi said towns, of roud. unless the same shall be accepted by the selectmen of such towns respectively, and unless the same shall be accepted by said corporation, and unless said road shall be constructed within two years after the passage of this act.
Section 14. Said corporation shall be subject to all i-iawiity for land
' , damages.
existing provisions of law for the assessment and payment of damages for land outside of the streets and highways taken by them for their tracks.
Section 15. This act shall take effect upon its passage.
Approved April 23, 1863.
CI'apAll
Ax Act coxcerning certificates to be delivered to buyers of
COAL.
Be it enacted, ^'c, as follows :
Section 1. The provisions of section one hundred eighty- Required upon nine, of chapter forty-nine of the General Statutes, are '*i"««'°f buyer hereby so far amended, that the certificate shall not be required to be delivered, as therein prescribed, unless the buyer shall request the same.
Section 2. This act shall take effect upon its passage.
Approved April 23, 1863.
Ax Act to ixcorporate the lowell horse railroad compaxy. Chap. 172 Be it enacted, ^^c, as follows :
Section 1. Peter Lawson, Nicholas Mickel, John A. corporators. Goodwin, their associates and successors are hereby made a corporation, by the name of the Lowell Horse Railroad Cora- Tuie. pany, with power to construct, maintain and use, a railway rowers. or railways, with convenient single or dtjuble tracks, com- mencing at such point in the city of Lowell, and thence Location. upon and over such streets or highways to such point or points in said city of Lowell, as maybe fixed and determined from time to time by the mayor and aldermen of said city, and assented to in writing by said corporation.
Si-XTiON 2. Said railroad shall be operated by horse- iiorse-power. power only.
Section 3. The capital stock of said corporation shall capital. not exceed the sum of one hundred thousand dollars, to be divided into shares of fifty dollars each.
Section 4. Said cori)oration shall have power to purchase Reaiestate. and hold such real estate within said city of Lowell, as may
488
1863.— Chapter 172.
City of Lowell to determine man- ner of tfonstruc- tioD, &c.
May make regu- lations as to rate of speed, &c.
Discontinuance of road in cer- tain cases.
Repairs of high- ways.
Damages. Lia,billty.
Control of high- ways by munici- pality.
Manner of cross- ing the tracks of other railroads.
be necessary or convenient for the purposes and management of said railroad.
Section 5. Said railroad shall be constructed and main- tained in such form and manner, and upon such grade, as the mayor and aldermen of said city of Lowell may prescribe and direct ; and whenever said corporation shall deem it necessary to alter the grade of any street so occupied by it, the assent of the mayor and aldermen to such alterations shall first be obtained, and the same shall be made at the sole expense of said corporation.
Section 6. The mayor and aldermen of the city of Lowell shall have power, at all times, to make such regulations respecting the rate of speed and mode of use of said tracks as the public safety and convenience may require, and shall also have power, at any time after the expiration of one year from the opening for use of the tracks of said railroad in any of the streets or highways in which the same shall be laid, to determine that the said tracks, or any part thereof, shall be discontinued, and thereupon the location, as to such part, shall be deemed to be revoked ; and such part shall be forth- with taken up and removed, in conformity to the direction of the said mayor and aldermen, at the expense of said corpora- tion. But no such discontinuance of any part of said tracks shall be made, unless after due notice by the said mayor and aldermen to said corporation of the time and place at which said corporation may be heard in relation thereto, and the opportunity for such hearing shall have been granted.
Section 7. Said corporation shall keep and maintain in repair such portion of all streets, highways and bridges, as shall be occupied by their tracks, and sliall be liable for any loss or injury that any person may sustain by reason of any carelessness, neglect or misconduct of its officers, agents or servants, in the construction, management or use of said tracks or road ; aiid in case any recovery shall be had against said city of Lowell, by reason of any defect, want of repair, or use of said tracks or road, said corporation shall be liable to pay to said city any sum thus recovered, together with all costs and reasonable expenditures incurred by said city in the defence of any suit in which said recovery shall be had.
Section 8. Nothing in this act shall be construed to prevent the city authorities of said Lowell from taking up, altering or repairing, any of the public streets traversed by said railroad, for any purpose for which they may now law- fully do the same.
Section 9. Said corporation in crossing all branches and lateral tracks of any other railroad company, shall cross in
1863.— Chapter 17:5. 489
such a inaiiiior as not to injure any of said tracks or branches, or the rails thercol", and shall insert no frogs tlicrein and niake no incisions into the rails thereof, Avithout the consent of said company.
8i:cTioN 10. If any person shall wilfully and maliciously obstructing pun- ol)struet said corporation, or its agents, or servants in the use of said railroad and tracks, or the passing of the cars or carriages of said corporation thereon, or aid or abet in so doing, he shall be {)unishod by a fine not exceeding five huniired dollars, or by imprisonment in the common jail for a periud not exceeding three months, by any court of com- petent jurisdiction, after due prosecution by complaint or indictment and conviction thereof. If said corporation, or obstruction by its agents or servants shall wilfully and maliciously obstruct puXLed?"' any highway, or the passing of any persons or carriages over the same, said corporation shall in like manner be punislied by a fine not exceeding five hundred dollars.
i^ECTiON 11. The city of Lowell, at any time after the city of Loweii expiration of ten years from the opening of said railroad for "e'^irs.purchas" nse, may purchase of said corporation all the franchise, ^'■'^°'''^'®^- proiterty, I'ights and furniture of said corporation, by paying therefor such a sum as will reimburse to each person who may then be* a stockholder therein, the par value of his stock, together with a net profit of ten per cent, per annum, for the time he shall have owned such stock, according to the books of said corporation, deducting all dividends received by said stockholder thereon.
Section 12. Said corporation may fix, from time to Rates of fare. time, the fai-e of passengers, and shall have all the powers and piivileges, and be subject to all the duties, liabilities and restrictions, set forth in the sixty-eighth chapter of the General Statutes, and in all general laws which are or may be in force relating to horse i-ailroad corporations.
Section 13. This act shall be void so far as it authorizes Acceptance of act
., . , . i J • 1 •! 1 1 1 and construction
the said corporation to construct said railroad, unless the of road. same shall be accented by said corporation and by the city council of said city of Lowell, and unless said railroad shall be constructed within two years from the time of such acceptance of this act by said city council.
Section 14. This act shall take efi'ect upon its passage.
Approved April 23, 1863.
Ax Act in relation to the wkigiung of boileks and other r'h^m 1 "TO
HEAVY ARTICLES. ^'^^P' ^ * "^
Be it enacted, §'c., ax follows :
Section 1. The mayor and aldermen or selectmen of wci^hera to be any city or town where boilers and heavy machinery are L^/a^ndtovJ'ns.*^""
490
1863.— Chapter 174.
sold, shall appoint one or more persons, not engaged in the manufacture or sale thereof, to be weighers of boilers and heavy machinery, who shall be sworn to the faithful dis- charge of their duties, and shall receive such fees as may be ordered by the board appointing them, which shall be paid by the seller, and shall be removable at the pleasure of the appointing power.
k?£CTiON 2. This act shall take effect upon its passage.
Approved AprU 23, 1863.
ChapA14:
Upon default of payment of in- debtedness, bank may notify debt- or and publish notice.
Payment being delayed beyond limitation, sale may ensue.
Certificate of acts to be recorded by town or city clerk and be valid as evidence.
An Act to enable banks to sell stock on which they have
A LIEN.
Be it enacted, Sfc, as follows :
Section 1. Any bank which may have a lien on any share or shares of its stockholders, by vii-tue of any by-law of said bank or otherwise, for any indebtedness of its stock- holders, may at any time after default shall have been made in the payment of the sum for which the shares are held, or any part thereof, give notice to the owner of such sliares of its intention to enforce payment by a sale of the same, which notice shall state the time and place of tlie intended sale, and shall be served by leaving a copy thereof with the owner, or at his last and usual place of abode, if within the county in which the bank is situated, sixty days before tiie time fixed for the sale : and if he has no such place of abode witliin the county, said copy shall be sent him by mail at his last known place of residence, and shall also in all cases be published three successive weeks in one of the principal newspapers published in the city or town where the bank is situated, or if there is no such paper, in one of the principal newspapers published in the county ; the last publication to be at least thirty days before the time fixed for said sale.
Section 2. If the debt for which said shares are held shall not be paid before the time fixed for the sale thereof, the bank may sell the same pursuant to said notice, at public auction, and the proceeds shall l^e applied towards the satisfaction of the debt or demand, and the expense of notice and sale ; and any surplus shall be paid to the party entitled thereto on demand. Tiie purcliaser shall be entitled to a certificate of the sliares bought by him.
Section 3. The notice, with an affidavit of the person giving the same in behalf of the bank, setting fortii the acts in the premises fully and particularly as to the giving of said notice and the sale of the shares, shall be recorded in the office of the city or town clerk where the bank is situated, within thirty days after the sale, and when so recorded the
1863.— Chapters 175, 176. 491
oritriiKil notice ami allidavit, or an attested copy of tlie record thercot" shall be admitted as evidence that notice was duly given and sale duly made, if it shall appear therein that tlie provisions of this act have been complied with.
Section 4. Nothing in this act shall be construed to contmotsnot to authorize any bank to sell and dispose of any stock contrary ®"""* • to the terms of any contract under which the same may be held. Approved April 23, 1863.
An Act extending the powers of savings banks in relation fir -i ^^
TO INVESTMENTS. Lyfiap. i iO
Be it enacted, cVc, asfolloivs :
Section 1. Savings banks and institutions for savings, ^ay invest in in addition to the provisions of the General Statutes, chapter cities of n'. k.\ lifty-seven, section one hundi-ed and forty-two, may invest bomTs, and Ta*^ ' their deposits in the public funds of the state of New York, J'^'duW notes, the bonds or notes of the cities of the New England states, nties as coiiat- the first mortgage bonds of any railroad company incorpo- '"^'^' rated under the authority of this state, which is in posses- sion of and operating its own road, and which has earned and paid regular dividends for two years next preceding such investment, or in the bonds of any such railroad com- pany which is unencumbered by mortgage, or on the notes of any citizen of this state with a pledge as collatei*al of any of the aforesaid securities, or with a pledge as collateral of the stock of any of said railroad companies, at not over eighty per cent, of the market value, and at not over ninety per cent, of the par value of such stock.
Section 2. No savings bank or institution for savings Limitation to in- shall hold both by way of investment and as security for cuS' ^°'^"'* loans, more than one-half of the capital stock of any corpo- ration, nor invest more than ten per cent, of its deposits, and not to exceed one hundi^ed thousand dollars in the capital stock of any corporation.
Section 3. Savings banks and institutions for savings, May deposit on may deposit on call in banks incorporated under the (jommonwe"aith° authority of this state, and receive interest for the same, sums not to exceed twelve per cent, of the amount deposited in said savings banks.
Section 4. The term railroad, as used in this act, shall iiorse railroads not be construed to include horse railroads. excepte .
Section 5. This act shall take effect upon its passage.
Approved April 23, 1863. An Act in aid of the families of drafted men, and for r^i^y. i 7^:;
OTHER PURPOSES. K^nUp. i <0
Be it enacted, &;c., as follows :
Section 1. Any city or town may raise money by tax or <^'"'^' ''"'^ '"""^
,, . . . 1 p .1 /• -i- 11 1 r. 1 may raise and ex-
otiierwise, in aid oi the lamilies and dependants of those peua money.
492 1863.— Chapters 177, 178, 179.
persons who may be drafted and serve in the army of the United States, under the law passed by congress, entitled "An Act for enrolling and calling out the national forces, and for other purposes," and approved March the third, in the year one thousand eight hundred and sixty-three, in the same manner and under the same restrictions as money is raised and applied to the aid of families and dependants of volunteers, as prescribed in chapter sixty-six of the laws of the year one thousand eight hundred and sixty-two, and chapter seventy-nine of the laws of the year one thousand Reimbursement, eight huudrcd aud sixty-thrcc : and the provisions of said chapter in relation to reimbursement from the Common- wealth to the towns, shall be applicable to the aid thus furnished under the provisions of tliis act.
Section 2. This act shall take effect upon its passage.
Approved April 23, 1863.
Chap. 177 "^^ -^^^ RELATING TO CRIMINAL JURISDICTION IN THE TOWN OF -* * HULL.
Be it enacted, ^'c, as follows: Courts in Suffolk Tlic courts lu tlic couuty of Suffolk, concurrently with the jurisdiction. "^ " courts of the county of Plymouth, shall have jurisdiction of all crimes, offences and misdemeanors, committed in those portions of the town of Hull, in the county of Plymouth, not embraced within the provisions of the tenth section of the seventeenth chapter of the General Statutes.
Approved April 23, 1863.
Chap. 178 -^^ -^CT IN RELATION TO FIELD-DRIVERS.
Be it enacted, Sfc, as follows : Fee for driving Scctiou twcnty-tlurd of chapter twenty-fifth of the General Statutes, is so far amended, as to make the fees of the field- drivers fifty cents per head for driving swine to the pound.
Approved April 23, 1863.
Chan 179 "^^ ^^^ relating to the sealing of weights and measures. Be it enacted, S^'c, as follows :
Upon neglect of SECTION 1. Thc rcspectlve sealers of weights and meas- sim"nvisitTtorea in'cs iu thc scvcral cities and towns are authorized and and houses. required to go to the houses, stores and shops of all such persons within their respective cities and towns using weights and measures for the purpose of buying and selling, as shall neglect to bring in their weights, measures, milk-cans, bal- ances, scales and beams to be adjusted and sealed, and there at the said houses, stores and shops, having entered the same with the assent of the occupant thereof, to adjust and seal
1863.— Chapter 180. 493
the same, or send tlic same to his office to be adjusted and sealed, and shall be entitled to receive therefor the fees Fees, provided by law, together with all the expense of removing the same.
Section 2. If any such person shall refuse to have his Pe"aity for rcfu-
. , , • 1 , 1 1 1 1 sal to allow ad-
measures, muk-cans, weights, balances, scales or beams so justmcut. tried, adjusted and sealed, the same Jiot having been tried, adjusted and scaled within one year preceding such refusal, he shall forfeit ten dollars for each offence, one-half to the use of the city or town, and one-half to the use of the sealer of weights and measures.
Section 3. If any person shall alter any weight, measure, ^do^ *^ft7/g^'I milk-can, scale, balance or beam, after the same shall have ing. been adjusted and sealed, so that the same thereby shall not conform to the public standard, and shall fraudulently make use of the same, he shall forfeit for each offence the sum of fifty dollars, one-half to the use of the city or town and one- half to the use of the complainant. And any sealer when he Examination to shall have reasonable cause to believe that any weight, pected. measure, milk-can, scale, balance or beam has been altered since the same was last adjusted and sealed, is authorized and required to enter the premises in which any such weight, measure, milk-can, scale, balance or beam is kept or used, and examine the same.
Section 4. The city council of any city may by ordi- arirSafers^^' nance, and any town may by by-law, provide that the sealer of weights and measures for their respective city or town be paid l)y a salary, and that he account for, and pay into the treasury of the city or town, the fees received by him by virtue of his office.
Section 5. The mayor and aldermen of any city are ^^^^^'^^ ^'^°^ authorized to remove the sealer of weights and measures at any time they may see fit.
Section 6. No milk-can shall be sealed by any sealer wnk-cans not to
. ''.,'' contain fraction-
which does not contain one or more quarts w^ithout any ai parts. fractional part of a quart.
Section 7. This act shall not take effect in any city or Act when in
lorcB.
town until it shall have been accepted by the city council of such city, or l>y the inhabitants of such town, at a legal meeting. Approved April 23, 1863.
An Act RELATING TO THE TRIAL OF ISSUES OF FACT. CkaV 180
Be it enacted, §'c., as follows:
Section 1. In the trial of any cause before a jury in Law decisions
., .,.., •' . ..1 ' • J' and instructions
the supreme judicial court or superior court, tlie presiding to jury to be in justice shall, immediately after the decision by him of any ^"""s- 25
494 1863.— Chapters 181, 182, 183.
question of law raised during the progress of the trial, reduce to writing such decision, and shall also, before the jury retire to consider the cause, reduce to writing all instructions given the jury on any question of law relating to the issues submitted to them ; and all such decisions and instructions shall be forthwith filed in the case for the benefit of the parties. Exceptions may SECTION 2. lu the trial of any cause before a jury in ly. ""* ^ ^" ''■ either of said courts, neitlier party shall be required to allege his exceptions in writing to the rulings, charge or instruc- tions of the presiding justice before the jury retire to consider the cause. Approved April 23, 1863.
Chap. 181 -^^ -^^"^ "^^ INCREASE THE SALARY OF THE ADJUTANT-GENERAL.
Be it enacted, Sfc, asfolloivs: Increased to SECTION 1. Thc adjutaut-gcneral shall receive a salary of
' ■ two thousand dollars a year, which shall be in full payment
of all services rendered as such officer.
Section 2. This act shall take effect upon its passage.
Approved April 25, 1863.
ChctD 182 -^^ -^^^ RELATING TO BILLS OF EXCHANGE AND OTHER CONTRACTS.
Be it enacted, S^-c, as follows :
Grace to expire SECTION 1. The scvcntli scctiou of the fifty-third chapter spJcilTFast M of the General Statutes, is hereby so far amended, as to Thanksgiving, includc any fast or thanksgiving day appointed or recom- mended by the governor of this state, or by the president of the United States.
Section 2. This act shall take effect upon its passage.
Approved April 27, 1863.
Chat) 183 '^^ '^^^ ^^ RELATION TO THE DISTRICT OF MARSHPEE.
Be it enacted, ^'c, as follows : Troprietors may SECTION 1. The proprietors of the District of Marshpee, of diltrici!!''*""'^ qualified according to law to vote in the affairs of said dis- trict, may choose annually by ballot, at a legal meeting of such proprietors called for that purpose, one of their own number, or a white person not a proprietor, to be treasurer of tlie district, to perform all the duties now imposed by law upon the treasurer of Marshpee and Herring Pond Planta- tion, so far as the same relate to the District of Marshpee ; Qualification and and the pcrsou SO choscu shall be sworn to the faithful per- bouas. formance of the duties of said office, and shall give bond to
the proprietors of said district, in such sum and with such sureties as the selectmen of said district for the time being shall approve.
1863.— Chapter 184. 495
Section 2. Upon the choice and qualification of such Tro". of Marsh-
„-., ITT- T»] I"-'" '^"" Herring
treasurer, the treasurer or Marshpec ana Jtiernng 1 onu I'ond plantation Plantation tiien in ollice, shall transfer to him the property erty^Txrdu'ties and etlocts in his hands belonging to said district; and °^^^"^'*J"«'>p««t° thereupon the duties of said treasurer of Marshpee and Her- ring Pond Plantation, so far as they relate to the affairs of the District of Marshpee, shall cease ; but such treasurer of Marshpee and Herring Pond Plantation shall continue to perform all duties required of him by law relative to the affairs of Herring Pond Plantation, according to the tenor of his commission. Upon the expiration of his term of Treasurer of iier- office, the governor, with the advice and consent of the coun- a"lfointe°dby°gov*- cil, shall appoint some person resident in the county of *"'"°'"- Barnstable, to be treasurer of Herring Pond Plantation, whose duties, obligations, and term of office shall be the same now provided in reference to the treasurer of Marshpee and Herring Pond Plantation.
Section 8. This act shall take effect on the first day of Act when accept-
-, r , . , • 1 , 1 T 1 1 • i p ed, to be in force
March, m the year eighteen hundred and sixty-iour, pro- March i,i864. vided the same shall be accepted by the vote of a majority of the legal voters of the District of Marshpee, at a meeting held for that purpose, previous to said first day of March.
Section 4. So much of the existing laws relating to the Repeal. District of Marshpee as are inconsistent with this act, are hereby repealed. Approved April 27, 1863.
An Act concerning the industrial school for girls at lan- Chap. 184
CASTER.
Be it enacted, ^'c, as folloios :
Section 1. The governor and council upon application Governor, upon of the trustees of the industrial school for girls at Lancaster, tees, may extend may extend the time during which such girls may be retained *"''"*■ within the institution for further discipline and instruction, until they are twenty-one years old ; but nothing in this act Trustees may dis- shall prevent a discharge from the institution between the '"""^^''' age of eighteen and twenty-one years, if the trustees shall so determine.
Section 2. In all cases where girls are discharged from shaii act as guar- said institution under twenty-one years of age, and who have cases^. no parents or guardian, the trustees shall act as guardians for said girls, with all the power and authority provided in chapter one hundred and nine of the General Statutes.
Approved April 27, 18G3.
496 1863.— Chapters 185, 186.
Char) 1S5 "^^ '^^^ ^■^ addition to an act to incorporate THK AMERICAN J * BOARD OF COMMISSIONERS FOR FOREIGN MISSIONS.
Be it enacted, ^'c, as fol'oics :
Real estate, l^^ECTiON 1. The American Board of Commissioners for
SS30 000
' ' Foi'eign Missions are hereby authorized to take, receive, have
and hold, in fee simple or otherwise, lands, tenements or hereditaments, by gift, grants, or otherwise, for the purposes of their organization, not exceeding the yearly value of thirty thousand dollars, and may also take and hold, by donation,
$5o''ooo' *^'^''^' 'L'equest, or otherwise, personal estate to an amount the yearly income of which shall not exceed fifty thousand dol- lars, any thing in their act of incorporation to the contrary notwithstanding.
Appropriation of SECTION 2. Said Americau Board of Commissioners for Foreign Missions shall not be under obligation, by reason of the seventh section of their act of incorporation, to appropriate any part of the income of their funds to defray the expense of imparting the holy scriptures to unevangel- ized nations in their own languages, unless they shall deem it advisable so to do, or shall be so required by the express terms of any grant, donation or bequest made to them. Section 3. This act shall take effect upon its passage.
Approved April 27, 1863.
2gg An Act in addition to the act to incorporate the Massachu- setts institute of technology.
Chap.
Be it enacted, ^c, as follows :
^■wTmleT^Xi Section 1. When the Massachusetts Institute of Tech- of 1861, '62, '(53, nology sliall have been duly organized, located and estab- come'^under let Hshcd, ill conformity with the provisions of chapter one of Ttos^^'accep^ buudrcd and eighty-three of the acts of the year eighteen lug same, to be huudrcd aud sixty-one, and chapter one hundred and forty- institute, two of the acts of the year eighteen hundred and sixty-two, and as is hereinafter provided, there shall be appropriated and paid to its treasurer, each year, on the warrant of the gov- ernor, for its endowment, support and maintenance, one-third part of the annual interest or income which maybe received from the fund created under and by virtue of the one hun- dred and thirtieth chapter of the' acts of the thirty-seventh congress, at the second session thereof, approved July second, in the year eighteen hundred and sixty-two, and the laws of this Commonwealth, accepting the provisions thereof and relating to the same. Institute to pro- SECTION 2. Said lustitutc of technology, in addition to in muitary'^tac- tlic objccts sct forth iu its act of iucorporatiou, — to wit, insti- *"'*• tuting and maintaining a society of arts, a museum of arts,
18()3.— CiiArTERs 187, 188. 497
and a school of industrial science, and aiding tlic advance- ment, development and practical application of science in connection with arts, agriculture, manufactures and com- merce,— shall provide for instruction in military tactics ; and in consideration of this orant, tlie governor, the chief po^ernor, chief
^ , . ,. r, ' ° 1 , . „ JUS. S. J. C, and
justice or the su})rcme judicial court, and the secretary oi sec board of edu- the board of education, shall bo each a member, e.r o///f«o,of hlig^eJ'oJ/uio"^' the government of the institute.
Sectiox 3. Should the said corporation, at any time, S'l^pensionofin-
.. .. ^ TPi stitute to with-
cease or fail to maintain an institute, as and for the purposes hoidaid. provided in its act of incorporation, and in the foregoing section, the aid granted to it by the first section of this act shall be withheld, and not paid to it. The institute shall Report. furnish to the governor and council a copy of the annual reports of its operations.
Section 4. This act shall be void, unless the said insti- Act void unless
„,, 111 1 1-1 i- accepted and no-
tute 01 technology shall accept the same, and give due notice tice given. thereof, to the secretary of the Commonwealth, on or before the first day of July next. Approved April 27, 1803.
As Act to confirm certain acts done by benjamin d. hyde as QJiQn ^87
.JUSTICE OF THE PEACE. "'
Be it enacted, ^'c, as follows :
Section 1. All acts done by Benjamin D. Hyde, of Stur- bridge, in the county of "Worcester, esquire, as a j'ustice of the peace within and for said county, between the twenty- fifth day of January, in the year eighteen hundred and sixty-three, and the eighth day of April of the same year, shall be and they hereby are, made valid and confirmed, to the same extent as they would have been valid, had he been, during that interval, duly qualified to discharge the duties of said office.
Section 2. This act shall take effect upon its passage.
Approved April 27, 1863. »
An Act authouizing the milford and woonsocket railroad QJicm^ 188
COMPANY TO CROSS CERTAIN HIGHWAYS AT GRADE. ^
Be it enacted, ^'c, as follows :
The Milford and "Woonsocket Railroad Company is hereby May cross in mii- authorized to construct its road at grade across tiie follow- ham.""*^ J^«""is- ing highways, to wit: Depot and JHoward Streets, in tlie town of Milford, and the main road from South Milford to West Medway, in the town of Bellingham.
Approved April 27, 1863.
498 1863.— Chapters 189, 190.
Chap. 189 -^^ -^^"^ "^^ AUTHORIZE GIDEON BOWLY AND JOSHUA E. BOWLY TO ■^' EXTEND THEIR WHARF IN PKOVINCETOWN. ,
Be it enacted, Sf'c, as follows:
Chapter fifty-one of the acts of the year eighteen hundred and forty-nine is hereby so amended, as to authorize Gideon Bowly and Joshua E. Bowly to extend their wharf in Prov- incetown, to a point at which there shall be not exceeding ten feet of water at low tide. Approved April 27, 1863.
Chap. 190 ■A.N Act concerning fence- viewers.
Be it enacted, §r., as folloios:
Viewers may de- SECTION 1. Fence-viewcrs, when called to act under the
termine upon ne- .. /»,• i ,/- p ,^ r^ i
cessity of parti- provisious 01 scctiou tcn, chaptcr twenty-rive oi the General des^gnateuie*"'^ Statutcs, sliall liavc powcr to determine whether a partition fence is required between the lands of tlie respective occu- pants, and may, when the division line between their lands is in dispute, or unknown, designate a line on which the fence shall be built, and may employ a surveyor therefor, if Designation to be uccessary ; and such line shall, for the purpose of maintain- otherwisedecreed i"g ^ fcucc, be dccmcd tlic divisiou line between such lands, until it shall be determined by judicial proceedings, or othervs^ise, that the true line is in another place ; and until so determined, all provisions of law relating to the erection, maintenance and protection of fences, shall be applicable to the fence erected, or to be erected, on such line. Fence to be re- SECTION 2. If, after a fcucc has been made upon a line d^r "estrbu^h- thus designated, it shall be determined by judicial proceed- mentof line. mgs^ OY othcrwisc, that the true division line is in another place, each occupant shall remove his part of the fence to, Proceedings in and rebuild the same on such line ; and in case of neglect compliance""" or rcfusal by either party to remove and rebuild his share thereof, the other may apply to two or more fence-viewers, who, upon such application, shall view the premises and assign a time within which the fence shall be removed and rebuilt, and give the delinquent party notice thereof; and if such party does not remove and rebuild the fence within the time so assigned, the other party may remove and rebuild the same, and recover double the expense therefor, together with the fees of the fence-viewers, to be ascertained and recovered in the manner provided in section four, chapter twenty-five, of the General Statutes.
Section 3. This act shall take effect upon its passage.
Approved April 27, 1863.
1863.— CHArTERs 191, 192, 193. 499
An Act concerning sidewalks in the city of Cambridge. Chap. 191 Be it enacted, ^t., as follows :
Whenever the mayor and aldermen of the city of Cam- Mayor and ai- bridge sliall deem it expedient to construct sidewalks, or con"tructXn comjilotc any partially constructed sidewalks, in any street |i|^^^"'«'i ^xpedi- of said city, they are hereby authorized to construct or com- plete such sidewalks with edge-stones, and in front of build- ings or occupied premises to cover the same with brick or flat stones ; and they are further authorized to cover such sidewalks, in front of vacant lots of land, with brick, fiat stones, or plank supported by timber ; and the expense of Assessment upon such edge-stones and covering materials shall be assessed j'i'j;;""" *° ^' * upon the abutters in just proportions, and shall constitute a lien upon the abutting lots of land, and be collected in the same manner as taxes on real estate now are ; and such Bnrk or stone sidewalks, when constructed and covered with brick or fiat laLed by ci^!'°' stones, as aforesaid, shall afterwards be maintained at the expense of the city. Whenever any such sidewalk shall be covered with brick or flat stones, there shall be deducted from the assessment therefor any sum which shall have been previously paid the city by the abutter, for any plank covering of the same. ^ Approved April 27, 1863.
Ax Act concerning sidewalks in the city of Springfield. Chap. 192 Be it enacted, §'c., as folloivs :
Section 1. The city council of the city of Springfield city council may
... 1 . ■' , • x" ii 1 1- desifrnate limits
may by joint resolution set apart such portion oi tlie public and localities. . streets within its limits, as sidewalks, for the accommodation of foot passengers, as public convenience requires ; and may. Removal of snow by ordinance or by-law, compel owners or occupants of ^°*^ "^^^ abutting lands to remove the snow and ice from such side- walk in front of their lands.
Section 2. The exercise of the power given in the constmctiod and
-. ,. 1 11 . j' ii -J -J. •^ alterations, couu-
preceding section shall not prevent tlie said city council cii may deter- from making any alteration in such sidewalks or from ^'"^^■ compelling the owners of abutting lands to construct said sidewalks of such materials as the public good requires.
Approved April 27, 1863.
An Act relating to enrollment of the militia. Chap. 193
Be it enacted, ^'c, as follows :
Section 1. Every able-bodied male citizen resident with- no awe-bodied in this Commonwealth, lial)le to enrollment J)y the laws of ""^*" ^^""'p'" the United States, shall be enrolled in the militia.
Section 2. All acts and parts of acts inconsistent here- Repeal. with are hereby repealed.
This act shall take effect upon its passage. Approved April 27, 1863.
500 1863.— Chapters 194, 195, 196, 197.
ChttV 19-4 "^^ ^^^ ^^ AUTHORIZE THE TRUSTEES UNDER THE WILL OF CALEB ^ ' FRENCH, LATE OF BRAINTREE, DECEASED, TO SELL REAL ESTATE.
Be it enacted, ^'c, as follows:
Minister and dea- SECTION 1. The minister aiid deacons of the first church
cons may seU. . -r> n /-i i
in Braintree, trustees under the wilr of Caleb French, deceased, are hereby authorized to sell certain real estate held by them in trust under said will, and to execute any and all conveyances necessary to complete said sale, freed from said trust. ^enaT/' ^"^ ^^' Section 2. The proceeds of said sale shall bepermanently and safely invested by said trustees, and the income only shall be expended in the manner provided in said will, and for carrying out the uses and trusts therein contained. Section 3. This act shall take effect upon its passage. , Approved April 27, 1863.
Chap. 195 ^^ ^'^'^ CONCERNING THE MALDEN AND MELROSE GAS-LIGHT COM- PANY.
Be it enacted, ^"c, as follows:
h^I ^of ^'m'siS Section 1. The Maiden and Melrose Gas-Light Company
River. ai'C hereby authorized to lay their pipes in the bed of the
Mystic River at the Medford bridge, under such restrictions
and regulations as may from time to time be imposed by the
Proviso. selectmen of Medford : provided, that nothing shall be done
to interfere with the navigation of said river.
Section 2. This act shall take effect upon its passage.
Approved April 27, 1863.
ChCip. 196 -^^ -^^"^ '^^ INCREASE THE CAPITAL STOCK OF THE BOSTON SUGAR ^ REFINERY.
Be it enacted, ^'c, as follows: Increase of Thc Bostou Sugar Rcfincry is hcrcby authorizcd to incrcasB
thorized. ^"' its Capital stock, by adding thereto a sum not exceeding five hundred thousand dollars, and to invest such additional capital in real or personal estate, as may be necessary and convenient for carrying on the business of the corporation : Proviso. provided, that no shares in the capital stock hereby author-
ized shall be issued for a less sum or amount, to be actually paid in on each, than the par value of the shares first issued.
Approved April 27, 1863.
Chan 197 ^^ -^^"^ CONCERNING POLICE COURTS, AND THE POLICE COURTS O'F i^' THE CITIES OF BOSTON AND CHELSEA.
Be it enacted, S^c, as follows:
Auditor, consent Section 1. Justiccs of poHcc courts sliall liavc no power quired!'^^ ""^ '^" to sciid auy casc to an auditor, unless both parties shall assent thereto in writing.
1863.— CiiAiTEiis 198, 199, 200. 501
Section 2. The juristlictioii of the police courts in the civii jurisdiction cities of Boston and Chelsea respectively, in civil actions and duaej!p'8.° ** proceedings so far as it now extends, shall exclude that of justices of the peace within and for the county of Suffolk.
Approved April 27, 1863.
An Act ix relation to the election of moderators of town Chap. 198
MEETINGS.
Be if enacted, iS'c, as follows :
In the election of moderators of town meetings, held for check-iist re- the choice of town officers, the check-list shall be used.
Approved April 27, 1863.
quired.
Chap, 199
An Act concerning the record of commitments to the reform
AND industrial SCHOOLS.
Be it enacted, Sfc, asfolloics:
Every judge of the probate court or superior court, before Judge or commis-
1 , ., ,, 1 ,, .. Pii sioner to trans-
"whom any boy is brought, under the provisions ot the mit record to su-
seventeenth, twenty-first and twenty-second sections of the Kto^reserve'!
seventy-sixth chapter of the General Statutes, and every
judge of the probate court, or any commissioner, before
whom any girl is brought, under the provisions of the sixth,
ninth and tenth sections of the seventy-fifth chapter of the
General Statutes, shall make a brief record of his doings in
the premises, and transmit the same, with all the papers in
the case, to the superior court for criminal business in the
county in which such proceedings are had ; and the clerk
thereof shall file and preserve the same in his office.
Approved April 28, 1863.
An Act concerning registers of deeds. Chat). 200
Be it enacted, Sfc, asfolloics:
Section 1. When a register of deeds dies or is removed, succeeding regis- leaving deeds and other instruments entered in his office unfini*shed.™^iec- uni-ecorded, and records unattested, and also deeds and '"^'^^• other instruments recorded but unattested, his successor shall record and attest such unrecorded deeds and instru- ments conformably to the entry thereof, and shall attest such records and deeds and other instruments remaining unat- tested, agreeably to the facts, and in conformity with records and books of entry in the office ; and all records and certifi- cates, so made and attested sliall be deemed valid and effec- tual for the purposes for which the same were made.
Section 2. In case of the death or disability of a register cierkmay act in of deeds, the person then acting as clerk in the office shall msabiuty'^of reg- receive and enter all deeds, instruments and papers in the ^'"•
2Q
502 1863.— Chapters 201, 202, 203.
proper books of the oflEice, as required by sections ninety- two and ninety-three of chapter seventeen of the General Statutes, until the vacancy is filled or the disability removed. Existing vacan- SECTION 3. The provisiou of the first section shall be cies.ac oappy. j^^^^ ^^ apply to cases when the death of a register of deeds occurred previous to the passage of this act.
Section 4. This act shall take effect upon its passage.
Approved April 28, 1863.
Chap. 201 -^^ -^CT IN RELATION TO CONTRACTS FOR THE PAYMENT OF MONEY WITHOUT THE LIMITS OF THE UNITED STATES.
Be it enacted, ^c, as follows: Current rate of SECTION 1. Li auv actlou ou a coutract, for the payment termine Taiuc. of moucy without tlio Hmits of the United States, other than bills of exchange, the debt or damage recovered by the creditor shall be determined by the current rate of exchange, when such contract fell due, and to this, interest shall be added from said period, amended^*^'"''"' SECTION 2. The eleventh section of the fifty-third chap- ter of the General Statutes is amended, by striking out the words " excepting places in Africa beyond the Cape of Good Hope, and places in Asia and the islands thereof," and the twelftli section of said chapter is hereby repealed.
Section 3. This act shall not apply to any contract now existing. Approved April 28, 1863.
Chap. 202 An Act to incorporate the ocean mutual insurance company. Be it enacted, Sfc, as follows :
Corporators. William H. Taylor, Pardon Tillinghast, Thomas Cook,-
their associates and successors, are hereby made a corpora-
^»'i®- tion by the name of the Ocean Insurance Company, to be
established in the city of New Bedford, for the purpose of
Powers and du- insuring agaiust fire and maritime losses ; and for that pur- pose shall have all the powers and privileges, and be subject to all the duties, restrictions and liabilities, set forth in the fifty-eighth chapter of the General Statutes, so far as the same is applicable to mutual fire and marine insurance companies. Approved April 28, 1863.
Chap. 203 An Act to incorporate the south American steam-ship com- pany.
Be it enacted, Sfc, as follows : Corporators. SECTION 1. Daniel Deshon, Paul Curtis, Daniel W. Lord,
their associates and successors, are hereby made a corpora- Title, tion by the name of the South American Steam-ship Com- Powers and du- pany, witli all the powers and privileges, and subject to all ***'■ • the duties, restrictions and liabilities, set forth in the general
186;J.— CHArxEii 204. 503
laws, which now arc or may hereafter be in force relative to such corporations.
Section 2. Said corporation is hereby authorized and Mayownorchar-
1 I .1 1 1 1 i 111 1 ter steam-ships
empowered to build, purchase, charter, hold and convey and navigate steam-ships, and to navigate the ocean therewith, between any "'=''*''• port in this Commonwealth, and any of the ports of South America, with liberty to touch at New York and any of the AVest India Islands ; and said corporation may let by charter May let eiiips by one or more of their steam-ships to any person, provided '^^^'^''ter. such charter does not prevent said corporation from comply- ing with the terms of this act ; and said company may also, by charter, let any or all of their steam-ships to the United States of America, without any restriction as to the service in which said vessels may be employed.
Section 3. The capital stock of said corporation shall capital stock and not exceed one million of dollars, and shall be divided into ^'''""^^" shares of the par value of one hundred dollars each ; and said corporation shall have power to assess from time to time, upon such shares, such sums as may be deemed necessary to accomplish the object of said corporation, not exceeding the par value of such shares ; no certificate of stock to be issued until the par value thereof has been actually paid in.
Section 4. If said corporation shall not within two years conditions of va- from the passage hereof, have been organized and have col- ^"^'*^ °^ ^'^^' lected assessments of not less than ten percent, of its capital stock, and shall not within three years from the passage of this act, have employed two steam-ships to navigate the ocean between some port or ports of this Commonwealth and some of the ports of South America ; or if said company shall thereafter wholly fail — unless prevented by war with foreign powers — for the period of one year, to employ two steam- shij)s for said purpose, or if said company shall fail to comply with the other conditions of this act, then this act shall be null and void. ,
Section 5. This act shall take effect npon its passage.
Approved April 28, 18G3.
An Act concerning the re-location of streets and ways in
THE city of SPRINGFIELD.
Chap. 204
Be it enacted, Sfc, as follows:
Section 1. When the city council of the city of Spring- j^j^Jt^^^new ""^^ field deem it necessary to locate anew a street or way in said city, either for the purpose of establishing the boundary lines of such street or way, erecting monuments thereon or of making alterations in the course or width thereof, they may so locate such street or way, giving notice, and pro-
504 1863.— Chapters 205, 206, 207.
ceeding in the manner prescribed by law for laying out and establishing streets or ways in said city. Damages to be SECTION 2. Any pcrson sustaining damages in his prop- paid. ^ ° erty by the location of a street or way, as provided in the preceding section, shall have his compensation ascertained and paid in accordance with the provisions of the General Statutes in respect to the laying out, altering and discon- tinuing of streets and ways. Approved April 28, 1863.
Chap. 205 -^ ^^'^ ^^ ADDITION TO AN ACT TO AUTHORIZE THE DORCHESTER AND MILTON BRANCH RAILROAD COMPANY TO EXTEND ITS RAIL- ROAD.
Be it enacted, ^'c, as follows :
extended''"'*""^ ^^^^ ^^"^® ^^^ locatiug and constructing the extension of the Dorchester and Milton Branch Railroad, as authorized by the fifty-first chapter of the acts of the year eighteen hundred and sixty-one, is hereby extended two years beyond the time designated in said act. Approved April 28, 1863.
Chap. 206
An Act in addition to an act to incorporate the dighton and
SOMERSET railroad COMPANY.
Be it enacted, §'c., as follows : May cross high- The Dightou and Somerset Railroad Company is hereby
way m Somerset. ^i-i. , ,-, -, , i .ii-i
authorized to construct its road, at grade, across the high- way in the town of Somerset, leading westerly from the village in said town, to the house of Philip Bowers.
Approved April 29, 1863.
Chap. 207
An Act to incorporate the merrimack valley horse railroad
COMPANY.
Be it enacted, Sfc., as follows :
Corporators. SECTION 1. William H, P. Wright, Gcorge D. Cabot, and
William R. Spaulding, their associates and successors, are hereby made a corporation by the name of the Merrimack Valley Horse Railroad Company, with power to construct, maintain and use a railroad, with convenient single or double
Location. tracks, from such point or points in the city of Lawrence,
and in the towns of Andover, North Andover and Methuen, and upon and over such streets and highways in said city and towns respectively, as the mayor and aldermen of said city and the selectmen of said towns respectively may, from time to time, fix and determine, with the assent of said cor- poration in writing, filed with the city clerk of said city and
Tracks, how laid, the selectmcii of Said towns respectively. The tracks of said railroad shall be laid at such distances from tlie sidewalks in said city and towns, as tlie mayor and aldermen of said city, and the selectmen of said towns shall respectively, in their
1863.— Chapter '207. 505
orders fixiiip; the route and location of said railroad, deter- mine. Said corporation shall have power to fix, from time Ratcgof fare, to time, such rates of compensation for transporting persons and property as they may think exj)edient: but the rate of passenger fare shall not exceed five cents per mile for each passenger, and no property shall be transported at such times Transportation. or in such manner as to interfere in any way whatever with the transportation of passengers. Said corporation shall Powers and du- have all the powers and privileges, and be subject to all the duties, liabilities and restrictions, set forth in the sixty-eighth chapter of the General Statutes, and in all general laws which are or may be in force relating to horse railroad corporations.
Section 2. Notice to abutters on streets and highways, Abutters to be in which it is proposed to lay the tracks of said corporation, ''°"'^'''^- shall be given, by publishing in such newspapers as the mayor and aldermen of said city, and the selectmen of said towns, shall respectively determine, and also by posting in three public places in said city and in each of said towns, notice of the proposed location, and of the time and place of hearing thereon, fourteen days, at least, before the same shall be made ; and said abutters may then and there appear May appear in re- and show cause, if any there be, why said railroad should ™°°=*'''^°'=«- not be so located and constructed.
Section 3. Said tracks or roads shall be operated and used Motive power and with horse-power only. The selectmen of said towns, and ^^^^ °^ ^p^'^^- the mayor and aldermen of said city, shall have power at all times to make all such regulations as to the use of the tracks and the rate of speed, within the limits of their respective jurisdictions, as the public convenience and safety may requii-e.
Section 4. Said corporation shall keep and maintain in Highways, repair repair such portion of the streets, highways and bridges °" respectively as is occupied by their tracks, and shall be liable liability for con-
r 1 • • 1^ j^ 'l • t c duct of agents.
lor any loss or nijury tliat any person sustains, by reason oi the carelessness, neglect or misconduct of any of its agents and servants, in the management, construction or use of said roads or tracks ; and in case any recovery is had against Recovery of dam- either of said towns or city by reason of such defect or want *^^^' of repair, said corporation shall be liable to pay such towns or city respectively or either of them any sums thus recov- ered against tiiem, together with all costs and reasonable expenditures incurred by them respectively, in the defence of any such suit or suits in which said recovery is had ; and said corporation shall not use any portion of the streets or '
highways not occupied by said roads or tracks.
506
1863.— Chapter 207.
Penalty for ob- structing corpo- ration.
Obstruction by corporation.
Capital,
Construction and grade of road.
Re-grading Streets.
Proviso.
Construction of act.
Municipal au- thorities may, after one year, revoke location and remove tracks.
Section 5. If any person shall wilfully and maliciously obstruct said corporation in the use of said road or tracks, or the passing of cars or carriages of said corporation there- on, such person, and all who aid or abet therein, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the common jail for a period not exceeding three months.
Section (3. If said corporation, or its agents or servants, shall wilfully and maliciously obstruct any highway, or the passing of any carriages over the same, said corporation shall be punished by a fine not exceeding five hundred dollars.
Section 7. The capital stock of said corporation shall not exceed one hundred thousand dollars, to be divided into shares of one hundred dollars each.
Section 8. Said corporation shall have power to pur- chase and hold such real estate within said towns or city, or either of them, as may be convenient or necessary for the purposes for which it is incorporated.
Section 9. The said road shall be constructed and main- tained in such form and manner, and upon such grade, as the mayor and aldermen of said city, and the selectmen of said towns, respectively, in their votes fixing and determin- ing the route and location thereof, as aforesaid, prescribe and direct ; and whenever, in the judgment of said corpo- ration, it is necessary to alter the grade of any street so occupied by it, such alteration may be made at the sole expense of said corporation : provided^ such alteration shall be assented to by the selectmen of the town within which the same is to be made.
Section 10. Nothing in this act shall be construed to prevent the selectmen of either of said towns, or the mayor and aldermen of said city, from entering upon and taking up. any of the public streets or highways traversed by said railroad, within their respective limits, for any purpose for which they may now lawfully take up the same.
Section 11. At any time after the expiration of one year from the opening for use of the tracks of said railroad, in any street or road in which the same is located, as pro- vided by its charter, the selectmen of said towns and the mayor and aldermen of said city, respectively, may deter- mine as to so much of said tracks as is located within their respective limits, that the same or any part thereof be dis- continued : and thereupon the location shall be deemed to be revoked, and the tracks of said railroad shall be forth- with taken up and removed, in conformity with the order
1863.— Chapter 208. 507
of said selectmen and mayor and aldermen, respectively ; Expense. and such taiving up and removal shall be at the expense of said railroad corporation.
Section 1"2. The towns of Andover, North Andover Towns, after ten and Methuen, and the city of Lawrence, or eitiier of them ;Vm"' "%perty may, at any time after the expiration of ten years from the """^ ^''^'''^''^''^^■ opening of any part of said road for use, purchase of said corporation all the franchise, property, rights and furniture of said corporation, by paying therefor such a sum as will reimburse to each person, who shall then be a stockholder therein, the ptvi' value of his stock, together with a net profit of ten per centum per annum from the time of the transfer of said stock to him on tiie books of the corpora- tion, deducting the dividends received by said stockholder thereon ; said towns and city having the right to purchase only that part of the corporate property which relates to and lies within the limits of their own jurisdictions respec- tively, and paying therefor a proportionate sum on the basis above mentioned, to be ascertained and fixed by commis- sioners to be appointed by the supreme judicial court.
Section 13. This act shall be void so far as relates to condition of va- the right to construct said road in either of said towns or '''^° city, unless the same shall be accepted by the selectmen of such towns, or the city council of said city, respectively, and unless the same shall be accepted by said corporation ; and unless said road shall be constructed within two years after the passage of this act.
Section 14. Said corporation shall be subject to all Land damages, existing provisions of law for the assessment and payment of damages for land outside of the streets and highways taken by them for their tracks.
Section 15. This act shall take effect upon its passage.
Approved April 29, 1863.
Ax Act to confirm certain acts done by peter c. bacon as a
JUSTICE OF THE PEACE.
Be it enacted, SjX., as follows :
Section 1. All acts done by Peter C. Bacon, of Worces- ter, in the county of Worcester, as a justice of the peace within and for said county, between the tenth day of Octo- ber, in the year eighteen hundred and sixty-two, and the twentieth day of April, in the year eighteen hundred and sixty-three, are hereby made valid, and confirmed to the same extent as they would have been valid, had he been during that period duly commissioned and qualified to dis- charge the duties of said office.
Section 2. This act shall take effect upon its passage.
Approved April 29, 1863.
Chap. 208
508 1863.— Chapters 209, 210, 211, 212.
Chan 209 -^ ^^^ coxcerning the boston wharf company.
Be it enacted, §x., asfolloios:
Reduction of par SECTION 1. The Bostoii Wharf Company is hereby author-
luthorized.^'''''^*^ ized to reducc the par value of the shares of said corporation, in such manner, and upon sucli conditions, as three-fourths of the stockholders of said company present and voting, at
proTiso. a meeting called for that purpose, shall determine : pro-
vided^ hoivever, that said par value shall not be reduced below twenty dollars, and that no assessment shall be laid upon the new shares.
Section 2. This act shall take effect upon its passage.
Approved April 29, 1863.
Chat) 210 -^^ -^^^ ^^ ADDITION TO AN ACT TO INCORPORATE THE NORTHAMP- ^' TON AND SHELBURNE FALLS RAILROAD COMPANY.
Be it enacted, Sfc, as follows :
May cross, at The Northampton and Shelburne Falls Railroad Company wghwayT.'^ "^"^ is hereby authorized to construct its railroad, at grade, over and across such highways and roads in the county of Hamp- shire, between Bridge Street, in Northampton, and the terminus of the present location of said railroad, near the village of Williamsburg, as it is impracticable or inconsis- tent with the public convenience to cross over or under by Proviso. means of bridges : provided, hoivever, said company shall
not cross any of said highways or roads at grade, without the approval of the county commissioners of said county, upon application of said company, and after hearing all par- ties interested, who shall be notified in the manner provided in the laying out of highways. Approved April 29, 1863.
Chap. 211
Location changed.
An Act concerning the fibrilia felting company. Be it enacted, Sj'c, asfolloios:
Location SECTION 1. Thc locatlou of the Fibrilia Felting Com-
pany is hereby changed from the town of Winchester, to the city of Lawrence ; and said company is hereby authorized to establish and carry on its business at said Lawrence. Section 2. This act shall take effect upon its passage.
Approved April 29, 1863.
Chat), 212 "^^ -^^^ requiring railroad corporations to HOLD ANNUAL ■* * MEETINGS.
Be it enacted, Sfc, as follows : - ■ Every railroad corporation shall hold a meeting annually
for the election of directors. Approved April 29, 1863.
18G3.— CiiArTKii 213. 509
Ax Act to ArTiiouizE banks to kkckivk and circulate unitf.d Qfia'P.2\o
8TATK9 CIKCULATIXG NOTES. ^ ' "^
Be il enacted, iVc, as fotloif's :
Section 1. Any bank incorporated under the laws of this itanka may avail Commonwealth, at the time of the passage of the act of py out ctrculat- congross ajii)roved the twenty-fifth day of February, in the '"k°°'««- year eighteen hundred and sixty-three, entitled "An Act to provide a national currency, secured by a )>ledge of United State? stocks, and to provide for the circulation and redemp- tion thereof," may avail itself of the provisions of section sixty-two, and become subject to the provisions of sections sixty-three and sixty-four of said aot, and may pay out as its own the circulating notes received under the provisions of said section sixty-two : provided, the amount of such xot to exceed circulating note's, so issued, togetlicr with tlie amount of ''''^"'* ' bills issued under existing laws of this Commonwealth by any bank, shall at no time exceed the capital stock of sucli bank actually paid in ; and provided, also, that the circulat- Tobe deemed as
• •11 '1 " 'ji i"j circui3.tioii*
mg notes received under said section sixty-two, and issued by any such bank, shall be considered as part of the circu- lation of such bank, for the purpose of determining the amount of specie such bank shall keep under the provisions of section nineteen, chapter* fifty-seven of the General Statutes.
Section 2. Any bank availing itself of the provisions of Retumsto cover said section sixty-two of said act of congress, shall, as part bonarand notes. of the returns it is required to make under the provisions of sections ninety-three and ninety-four of chapter fifty- seven of the General Statutes, transmit a statement of the amount of bonds deposited, and of circulating notes received under the provisions of said act of congress, and the amount of such notes in circulation ; and an amount of Exemption of the capital stock of any such bank, equal to the average atioa''defii"d!'*^' amount of such circulating notes so received, to be deter- mined by such returns for the six months next preceding the first Mondays of April and October in each year, shall be exempted from the tax imposed by the provisions of section eighty-nine of chapter fifty-seven of the General Statutes.
Section 3. This act shall take effect upon its passage.
Approved April 29, 1863.
27
510
1863.— Chapter 214.
Chap.'2U
Commissioners may construct and equip and make altera- tions in road and tunnel.
Governor may draw warrants upon request of commissioners.
Appropriation.
Treasurer may is- sue scrip with approval of gov- ernor and coun- cil.
Commissioner!? — tenure of office.
Shall present ac- couuts to gover-
Ax Act ix additiox to "an act providing for the more spep:dy completion of the tkoy and Greenfield railroad and hoosac tunnel." *
Be it enacted, Sec, as follow)^ :
Section 1. The commissioners appointed under the one hundred and fifty-sixth chapter of the acts of eijihteen hun- dred and sixty-two, are hereby authorized, subject to the advice and approval of the governor and council, to con- struct, complete and equip the Troy and Greenfield Railroad and Hoosac Tunnel ; and to make such alterations in the line of said road as may be deemed necessary to render it suitable and proper for part of a through line from Troy to Boston ; also such alterations in the location and dimensions of said tunnel as will render it suitable and. proper for use, in accordance with the spirit and intent of the two hundred and twenty-sixth chapter of the acts of eighteen hundred and fifty-four.
Section 2. The governor is hereby authorized to draw his warrant on the tieasurer of the Commonwealth for such sums as may be required from time to time by said commis- sioners for the purpose of carrying out the provisions of this act, and the act or acts to which this is in addition ; and there is accordingly hereby appropriated for the purpose of constructing and completing said tunnel and railroad and equipping the same, and paying interest upon such scrip as has been or may be issued during the progress of the work, the unexpended balance of the two millions of dollars authorized by chapter two hundred and twenty-six of the acts of the year eighteen hundred and fifty-four, and referred to in chapter one hundred and fifty-six of the acts of the year eighteen hundred and sixty-two. And the treasurer of the Commonwealth is hereby authorized, upon the warrant of the governor drawn as aforesaid, to issue scrip or certifi- cates of debt to the amount of said appropriation, which shall be expressed in such currency and shall bear such rate of interest as the governor and council may direct, and shall be redeemable at the end of thirty years from the date thereof: and said treasurer shall sell or otherwise dispose of the same as he may deem proper, sul)ject to the approval of the governor and council.
Section 3. Said commissioners, and their successors in ofiice, shall be removable by the governor, with the advice of the council, and in case of any vacancy occasioned by death, resignation or removal, such vacancy shall be filled by appointment of the governor, with the advice of the council ; and said commissioners sliall, once in three months,
1SG3.— CiiArTER.2U. 511
and oftener if renuircd, present to the p;overnor and council ""^ and council,
/• 1 1 i 1 • ^ 1 I 1 qtmrterly, or
an account ol all contracts entered into by tlieni as such wi.,-ii required, conunis^.ioncrs, and of all payments and charges by them for^irtTiracts!' made, l>y virtue of their commist^ion, with tiicir vouchers therefor, whicii vouchers and accounts shall he examined, and if found cori'cct, and in good faith, shall be allowed h}'- the governor and council ; but no lease of any part of said railroad, nor any contract amounting to more than ten thou- sand dollars shall be made by said commissioners without the consent of the governor and council.
ISection 4. Said commissioners in altering the location rowers of com- of the line of said road shall have the same power as rail- terlngTue'," de- road corporations have in making locations under existing ^"'^'^• laws, and may take, by purchase or otherwise, such lands, or easements therein, as may be needed for any purposes connected with the construction of said tunnel, and all titles or easements so taken shall vest in the Commonwealth ; and Assessment of all parties aggrieved by any action of said commissioners, '^'^'^^'"^' under this section, may have their damages assessed in the manner provided by law for the assessment of damages against railroad corporations ; and all damages so assessed shall be paid from the treasury of the Commonwealth to the party entitled thereto, upon the warrant of the governor, drawn }nirsuant to the provisions of this act.
Sfxtion 5. Said commissioners, subject to the approval ^jXTo"re'''')er' of the governor and council, shall have the power to use a f«'';fifi by extin- part of the money appropriated by this act, not exceeding ueus and claims. fifty thousand dollars, to extinguish any liens or claims, or rights of redemption wdiich any person or corporation may have, in order to perfect the title of the Commonwealth to said railroad and tunnel.
Section 6. The contract executed by the Troy and contract of Troy Boston Railroad Company, on the eighteenth day of Feb- mont and"Mas"^ ruary, eighteen hundred and sixty-three, by the Yermont Kauroad'compa^ and Massachusetts Railroad Company on the twentieth day ni«s, coutirmed. of said February, and by the Fitchburg Railroad Company on the twenty-third day of said month, printed on pages eighty-eight to ninety-four, inclusive, of the report of said commissioners made on the twenty-eighth day of February, aforesaid, and referred to in the message of the governor, dated the twelfth day of March, in the year eighteen hun- dred and sixty-three, is hereby approved, ratified and confirmed.
Section 7. The compensation of said commissioners compoD'ation of shall be fixed by the governor, with the advice of the •=°°""'*^'°°"« council ; but the compensation of the chairman of said com-
512 1863.— Chapters 215, 216, 217.
missioners shall in no event exceed the sura of five thou- sand dollars per annum, nor shall the entire compensation of all of said commissioners exceed the sum of seven thou- sand dollars per annum. Approved April 29, 1863.
Chap. 215
An Act kelating to the county law library associations. Be it er^acted, ^'c, as follows : AFsodationstobe SECTION 1. The sixth scctiou of the thirty-third chapter cei'vecT'byTier'ks of the General Statutes is so far amended, that the several of courts. county treasurers shall pay to the county law library asso-
ciations the whole amount received from the clerks of the courts during the preceding year, provided the same does Provisos. not exceed four hundred dollars. And in case the same
exceeds four hundred dollars, they shall pay over in addi- tion thereto, one-quarter part of the surplus : provided, Iioivever, that the whole amount paid to said association in any county in any one year, shall not exceed one thousand dollars. Act not to re- SECTION 2. This act shall not be deemed to prevent the commiss'ioners! couuty commissioncrs from allowing any further payment as provided in the said sixth section of the said thirty-third chapter of the General Statutes.
Section 3. This act shall take effect upon its passage.
Approved April 29, 1863.
Chnp. 216 -^^ ^ct to authorize the discontinuance of the county jail
AT IPSWICH.
Be it enacted, §'c., as folloivs : Commissioners Section 1. Thc couuty commissioncrs for the county of
may remove, and -r~, ,, ^ • -i -,• • i .••i
dispose of mate- JiiSscx are hereby authorized to discontinue the county jaii ""'■''■ at Ipswich and to take down the same, and to make such
disposition of the materials thereof as they shall deem
proper.
Section 2. This act shall take effect upon its passage.
Approved April 29, 1863.
Chnp. 217 An Act concerning insolvent estates of persons deceased'
Be it enacted, Sfc, as folloivs : Extension, for SECTION 1. Whcu, duriug thc pendency of an appeal
proof of cltiirQS •• •
pending appeal, from thc commissiouers on an insolvent estate of a person may be allowed. (]ecgage(]^ it appears to the probate court that a just and equitable distribution of the estate requires that further time shall be allowed for the proof of claims against the same, the court may allow further time for that purpose, notwithstanding the limitation of time made by section four of the ninety-ninth chapter of the General Statutes :
A
1863.— CiiArTEii 218. 513
provided, Itoirci'cr, that such further time shall not in any Proviso. case extend more than one month beyond the final decision of the appeal then pending.
Section 2. "When the office of a commissioner on an Tacunr.y in omce insolvent estate of a person deceased shall become vacant howTiiud!^'"""' by reason of the death or resignation of such commissioner, or otherwise, the probate court may fill such vacancy.
Section 3. This act shall take effect upon its passage.
Approved April 29, 1863.
Chap. 21S
Ax Act to provide for thk reijiburskment of bounties paid to
VOLUNTEERS, AND TO APPORTION AND ASSESS A TAX TUEREFOR.
Be it enacted, iS'c, as follows:
Section 1. All sums of money paid by any city or town, neimbursement as bounties to volunteers duly enlisted and mustered into au'tuorized?"'^^ the military service, and accounted as a part of the quotas of Massachusetts under the calls of the president of the United States, which were made in the months of July and August, in the year eighteen hundred and sixty-two, shall be reimbursed from the treasury of the Commonwealth to such city or town, in the manner provided in this act: provided, however, that the amount thus reimbursed to any Provisos: limita- city or town, shall not exceed the sum of one hundred "°°' p-^^^^"""^- dollars for each such volunteer, and shall not in any case exceed the amount actually paid by such city or town, to eacli such volunteer.
Section 2. The several cities and towns shall, on or Towns to re- before the first day of July next, make returns to the amount°'pafd,' governor of the Commonwealth, of the names of all such otheT"'' facts volunteers, to whom they have paid bounties, the amount w)uiiea, to
• 1 1 11 . . 1 • 1 1 1 governor, who
paid to each, and the regiment m winch such volunteers mihu prescribe were enlisted and mustered into service, together with toc"rtTfl°samet such other facts as may be required by the governor, wiio amjuauon '^^' shall prescribe the form of said returns, and the officers of the cities and towns by whom they shall be made and sworn to ; and no reimbursement sJiall be made from the state treasury, to any city or town, as provided in the first section of this act, unless such return is made and sworn to by the officers thus prescribed by the governor. Said returns shall be examined, compared and revised by the governor, or under his direction, and the amount to be reimbursed to each city and town, under the provisions of this act, shall be thus ascertained.
Section 3. The amount so reimbursed to any city or neimburpement town, on account of any such volunteers who have been recoMnR trans" transferred to fill the quota of any other city or town, shall f" of volunteer.
514 1863.— Chapter 218.
be paid over, by the city or town receivino^ the reiraburse- ProTiso. meiit, to such other city or town : jtrovided^ hoivever, the
amount so paid over shall not exceed the sum originally paid for such transfer ; and an action of contract may be main- tained in any court of competent jurisdiction, to recover the Re-transfer, how samc. In casc sucli voluiitecrs are, at any time hereafter, adjusted. transferred back to the city or town to which they originally
belonged, pursuant to an agreement to tliat effect, the amount so paid over or recovered under the provisions of this section, shall be deducted from the sum agreed to be paid for such re- transfer. GoTernor to cer- SECTION 4. The amouuts to be reimbursed to the several n.rat./trtr«t's^ii- cities and towns, as ascertained according to the provisions rer and to towns. ^^^ ^.j^g sccond scctiou, shall bc Certified by the governor, to the treasurer of" the Commonwealth, and also to the asses- Apportionment sors of said cities and towns, respectively. The aggregate of y treasurer. ^^^ ^j^^ amouuts SO Certified, shall be apportioned by the said treasurer, to and among the several cities and towns of the Commonwealth, in the same manner as the aggregate of the annual state tax for the current year is apportioned to and Payments to be among tlic sauic. Eacli city and town in the Commonwealth, made as are other ^]^r^\[ \^q asscsscd and pay tlic scvcral sums so apportioned to them respectively, in the same manner, and with the same effect, as they are assessed and charged with their respective proportions of other state taxes. Treasurer to issue SECTION 5. Thc trcasurcr of the Commonwealth, upon ingassessmea"!"^' Completing sucli apportionment, shall forthwith send his warrant, with a copy of this act, directed to the selectmen or assessors of each city or town, taxed as aforesaid, requir- ing them, respectively, to assess the sum apportioned as aforesaid, to said city or town, according to 'tlie provisions of the eleventh chapter of the General Statutes ; and to add the amount of such tax to the amount of town and county taxes to be assessed by them respectively, on each city or town. Payment to have SECTION 6. The treasurer, in his said warrant, shall
been made Dec. • , i • i i ^ i , •
1, 1863. require the said selectmen, or assessors, to pay, or to issue
their several warrant or warrants, requiring the treasurers of their several cities or towns to pay to said treasurer of the Commonwealth, on or before the first day of December, in the year eighteen hundred and sixty-three, the sums appor-
Names of town tioucd, as aforcsaid, to said cities or towns respectively ; and
treasurers, with , ' ' -iiii .
Fum re.iuired, to the selcctnien or assessors, respectively, shall return a certi-
ere uiue . flcatc of tlic namcs of such treasurers, with the sum which
each may be required to collect, to the said treasurer of the
18G3.— CiiAPTEii 21S. 515
Commonwoaltli, at some time before the first day of October next.
Skctiox 7. If the amount due from any city or town, as Penalty for de- provided in this act, is not paid to the treasurer of tlie Com- '""i"''"'=y- monwealth within the time specified, then the said treasurer shall notify the treasurer of said delinquent city or town, who shall pay into the treasury of the Commonwealth, in addition to the tax, such further sum as would be equal to one per centum per montii, durino- such delinquency, datinii; on and after the first day of December next; and if the same remains unpaid after the first day of Janiiary next, an information may be filed, by the treasurer of the Common- wealth, in the supreme judicial court, or l)efore any justice thereof, against such delinquent city or town ; and upon notice to such city or town, and a summary hearing thereon, a warrant of distress may issue against such city or town, to enforce the payment of said taxes, under such penalties as the said court, or the justices thereof, before whom the hearing is had, shall order.
!Section 8. The proceeds of the tax apportioned and ^'moeeds of tax
, c .■,' , ,..'', apprnpnated for
assessed as aioresaid, upon the several cities and towns, are liabilities. hereby appropriated for the purpose of paying all liabilities incurred by the Commonwealth under the provisions of this act. When any city or town shall have paid its proportion warrant for re- of said tax, to the treasurer of the Commonwealth, tlie gov- ^^^ullln^^lon ernor shall tliereupon draw his warrant on said treasurer, '■'^^eipt of tax. in favor of said city or town, for the sum which it is entitled to be reimbursed under the provisions of this act.
Section 9. Any city or town electing so to do, may raise f 'ty council or
d.. .• e j.\ 1. i.*in 1 voters of town
pay Its pro])ortion ot the tax apportioned and assessed may elect to
as aforesaid, in the manner provided in this section. Such ''y^^oLy'^\vlll election may be made by any city, by a vote of the citv "rerofcommon-
.,,/. 1 J J J T J n , ^ ^ wealth to be cer-
council tnereoi, or by any town by a vote ot the legal voters tified. thereof, at a meeting called for that pui-pose ; and such vote shall be certified by the clerk of said city or town, to the treasurer of the Commonwealth. Any city or town may raise money if necessary, by tax or otherwise, for the j)ur- pose of carrying out the provisions of this section. The Unties of treasu- treasurer of the Commonwealth shall credit such city or town with the sum which it is entitled to receive as reim- bursement, and charge such city or town with the sum apportioned and assessed upon it under the provisions of this act. In case the sums so credited and charged to any city or town are equal, the said treasurer shall deliver his receipt in full for the tax of such city or town. In case the credits of any city or town exceed its charges, the treasurer
516 1863.— Chapter 219.
shall deliver his receipt in full, as aforesaid, and the gov- ernor shall, on or before the first day of December next, draw his warrant on the said treasurer, in favor of such city or town, for the amount of such excess. In case the charges of any city or town exceed its credits, such city or town shall pay the amount of such excess to the said treasurer, who shall thereupon deliver his receipt in full as aforesaid. Tax adjusted, Any city or town paying and adjusting its tax, in the man- w^mentbair- i^Gr providcd iu this section, sliall have no further claim upon the Commonwealth for reimbursement, under the provisions of this act, and the treasurer of such city or town shall deliver his receipt in full, of the same, to the treasurer of the Commonwealth. Liability in case SECTION 10. Auy citv or towu electinG; to pay its tax in the manner provided m the preceding section, and failing to do so within the time mentioned in the sixtli section, shall be sultject to all the provisions of the seventh section of this act. Section 11. This act shall take effect upon its passage.
Approved April 29, 1863.
ed
of failure to pay.
Chap. 219
Number of copies to be annually
Ax Act concernixg public reports and documents. Be it enacted, ^'c, as folloics : Number of copies SECTION 1. Thcro shall bc printed annually three thou-
to be annually . r» i •
printed. saud copics cacli of the reports of the insurance commis-
sioners, and bank commissioners, five thousand copies of the report of the adjutant-general, and fifteen hundred copies each of the reports of the attorney-general, treasurer and receiver-general, and auditor, of the report of the insurance commissioners concerning loan fund associations, the abstract of joint stock corporations, abstract of sheriffs' returns con- cerning jails and houses of correction, abstract of returns concerning paupers and indigent children, and the several Disposition of cer- rcports relating to the Indians of the Commonwealth. Five tun reports. ])undi'ed copics of the annual report of the secretary of the board of agriculture shall be delivered to the secretary of tlio Commonwealth ; five hundred copies of their respective reports shall be placed at the disposal of the insurance and bank commissioners ; and twenty-five hundred copies of the adjutant-general's report shall be placed at the disposal of that officer for distril)ution among persons employed in the military service of the country. Railroad reports SECTION 2. Rcports of railroad corporations shall be "public." deemed "public" documents under chapter four of the
General Statutes, and each of said public documents shall bear the same number from year to year. RepeaL SECTION 3. All acts and parts of acts inconsistent with
this act, are hereby repealed. Approved Ajjril 2D, 1863.
ISlvi.— CiLvrTER 2-20. 517
Ax Act to incouporatk the tkustkks of the Massachusetts QJiqv)^ 220
AGRICl'LTURAL COLLEGE. ■^' ^
Be it enacted, ;St., an foUoic.'^ :
Section!. Marshall P. Wilder, of Dorchester; Charles corporators. G. Davis, of Plyiuouth ; Nathan Darfee,of Fall River; John Brooks, of Princeton ; Henry Colt, of Pittsficld ; William S. Soutlnvorth, of Lowell ; Charles C. Sewall, of Med field ; Paoli Lathrop,of South Iladley ; Phinehas Stedman, of Chic- opee ; Allen W. Dodge, of Hamilton ; George Marston, of Barnstable; William B. Washburn, of Greenfield; Henry L. Whiting, of Tisbury ; John B. King, of Nantucket, their associates and successors, are hereby constituted a body cor- porate, by the name of the Trustees of the Massachuf-etts Agricultural College, the leading object of which shall be, purpose. without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in order to promote the liberal and practical education of the indus- trial classes in the several pursuits and professions of life — to be. located as hereinafter provided; and they and their successors, and such as shall be duly elected members of said corporation, shall be and remain a body corporate by that name forever. And for the orderly conducting of the Election of om- business of said corporation the said trustees shall have power and authority, from time to time, as occasion may require, to elect a president, vice-president, secretary and treasurer, and such other officers of said corporation as may be found necessary, and to declare the duties and tenures of their respective offices ; and also to remove any trustee from RemoTai of trus- the same corporation, when, in their judgment, he shall be rendered incapable, by age, or otherwise, of discharging the duties of his office, or shall neglect or refuse to perform the same ; and, wdienever vacancies shall occur in the board of ^^^^*°"«s ^^ trustees, the legislature shall fill the same : provided, never- proviso. the/ess, that the number of members shall never be greater than fourteen, exclusive of the governor of the Common- wealth, the secretary of the board of education, the secretary of the board of agriculture, and the president of the faculty, each of whom shall be, ex officio, a member of said corpo- ration.
Section 2. The said corporation shall have full power Meetings. and authority to detei'mine at what times and places their meetings shall be holden, and the manner of notifying the trustees to convene at such meetings; and also, from time officersofcouege to time, to elect a president of said college, and such profes- sors, tutors, instructors and other officers of said college, as
28
518
1863.— Chapter 220.
By-laws.
Instruction.
ProTiso.
Seal.
Corporation may sue and be sued.
May hold estate given or be- queathed.
Proviso.
Rents and profits of estate, how appropriated.
Legislature may enlarge or re- straio powers of corporation and appoint over- seers.
they shall judge most for the interest thereof, and to deter- mine the duties, salaries, emoluments, responsibilities and tenures, of their several offices. And the said corporation are further empowered to purchase or erect, and keep in repair, such houses and other buildings as they shall judge necessary for the said college ; and also to make and ordain, as occasion may require, reasonable rules, orders, and by- laws, not repugnant to the constitution and laws of this Commonwealth, with reasonable penalties, for the good gov- ernment of the said college, and for the regulation of tiieir own body, and also to determine and regulate the course of instruction in said college, and to confer such appropriate degrees as they may determine and prescribe : provided, nevertheless, that no corporate business shall be transacted at any meeting unless one-half, at least, of tlie trustees are present.
Section 3. The said corporation may have a common seal, which they may alter or renew at tiieir pleasure, and all deeds sealed with the seal of said corporation, and signed by their order, shall, when made in their corporate name, be considered in law as the deeds of said corporation ; and said corporation may sue and be sued in all actions, real, personal or mixed, and may prosecute the same to final judgment and execution, by the name of the Trustees of the Massachusetts Agricultural College ; and said corporation shall be capable of taking and holding in fee simple, or any less estate, by gift, grant, bequest, devise, or otherwise, any lands, tenements, or other estate, real or personal : provided, that the clear annual income of the same shall not exceed thirty thousand dollars.
Section 4. The clear rents and profits of all the estate, real and personal, of which the said corporation shall be seized and possessed, shall be appropriated to the uses of said college, in such manner as shall most effectually pro- mote the objects declared in the first section of this act, and as may be recommended, from time to time, by the said corporation, they conforming to the will of any donor or donors, in the application of any estate which may be given, devised or bequeathed, for any particular object connected with the college.
Section 5. The legislature of this Commonwealth may grant any further powers to, or alter, limit, annul or restrain, any of the powers vested by this act in the said corporation, as shall be found necessary to promote the best interests of the said college ; and more especially may appoint and establish overseers or visitors of the said college, with all
1 8(5:3. —Cii AFTER 2'20. 519
iioco?srirv powers for tlic better aid, jirescrvation and c:ov- crnnieiit tliereof. The said corj)oratioii shall make an annual Annual report, report of its condition, financial and otherwise, to the legis- lature, at the commencement of its session.
Section G. The board of trustees siiall determine the Location of col- location of said college, in some suital)lc place within the '*^''' limits of this Commonwealth, and shall purchase, or obtain, Land for farm, by gift, grant, or otherwise, in connection therewith, a tract w the "eon. '^' of land containing at least one hundred acres, to be used as an experimental farm, or otherwise, so as best to promote the objects of the institution ; and in establishing the by-laws and regulations of said college, they shall make such pro- vision for the manual labor of the students on said farm as they may deem just and reasonable. The location, plan of organization, government and course of study prescribed for the college, shall be subject to the approval of the legislature.
Section 7. One-tenth part of all the moneys which may one-tenth pro- be received by the state treasurer, from the sale of land scrip, certain ^\l°a by virtue of the provisions of the one hundred and thirtieth trpur^ua^se^df chapter of the acts of the thirty-seventh congress, at the ^'*''"- second session thereof, approved July second, eighteen hun- dred and sixty-two, and of the laws of this Commonwealth, shall be paid to said college, and appropriated towards the purchase of said site or farm : provided, nevertheless, that Proviso, the said college shall first secure by valid subscriptions or otherwise, the further sum of seventy-five thousand dollars, for the purpose of erecting suitable buildings thereon ; and upon satisfactory evidence that this proviso has been com- plied with, the governor is authorized, from time to time, to draw his warrants therefor.
Section 8. When the said college shall have been duly Future support organized, located, and established, as and for the purposes ded7or*^^ ^'^°^' specified in this act, there shall be appropriated and paid to its treasurer each year, on the warrant of the governor, two-thirds of the annual interest or income, which may be received from the fund created under and by virtue of the act of congress named in the seventh section of this act, and the laws of this Commonwealth, accepting the provisions thereof, and relating to the same.
Section 9. In the event of a dissolution of said corpo- Property, in case ration, by its voluntary act at any time, the real and per- how to'reve" t°''' sonal property belonging to the corporation shall revert and belong to the Commonwealth, to be held by the same, and be disposed of as it may see fit, in the advancement of education, in agriculture, and the mechanic arts. The legislature shall have authority at any time to withhold the
520
1863.— Chapter 221.
portion of the interest or income from said fund provided in this act, whenever the corporation shall cease or fail to maintain a college within the provisions and spirit of this act and the before-mentioned act of congress, or for any cause which they deem sufficient. Approved April 29, 1863.
Assessment of cities and towns
County of Suf- folk.
County of Essex.
Chap. 221 ^^ ^^"^ 1'^ APPORTION AND ASSESS A TAX OF TWO MILLIONS THREE HUNDRED AND NINETY-SIX THOUSAND FIVE HUNDRED AND SIXTY- EIGHT DOLLARS.
Be it enacted, §'c., as folloios :
Section 1. Each town and city in this Commonwealth shall be assessed and pay the several sums with which they stand respectively charged in the following schedule, that is to say :
Suffolk County. — Boston, seven hundred and fifty-six thousand six hundred dollars ; Chelsea, eighteen thousand seven hundred and sixty-eight dollars ; North Chelsea, two thousand and sixteen dollars ; Winthrop, one thousand two hundred dollars.
Essex Count//. — Amesbury, four thousand two hun- dred and seventy-two dollars ; Andover, six thousand six hundred and forty-eight dollars ; Beverly, nine thousand and forty-eight dollars ; Boxford, one thousand seven hun- dred and seventy-six dollars ; Bradford, two thousand four hundred and twenty-four dollars ; Danvers, seven thousand one hundred and seventy-six dollars ; Essex, two thousand seven hundred and thirty-six dollars ; Georgetown, two thousand two hundred and thirty-two dollars ; Gloucester, twelve thousand seven hundred and ninety-two dollars ; Groveland, one thousand seven hundred and twenty-eight dollars ; Hamilton, one tTiousand two hundred and ninety- six dollars ; Haverhill, fifteen thousand nine hundred and twelve dollars ; Ipswich, three thousand eight hundred and sixteen dollars ; Lawrence, twenty-seven thousand two hun- dred and forty dollars ; Lynn, twenty-six thousand five hun- dred and sixty-eight dollars ; Lynnfield, one thousand five hundred and thirty-six dollars ; Manchester, two thousand three hundred and fifty-two dollars ; Marblehead, seven thousand six hundred and thirty-two dollars ; Methuen, three thousand seven hundred and sixty-eight dollars ; Mid- dleton, one thousand one hundred and fifty-two dollars; Nahant, one thousand three hundred and twenty dollars ; Newbury, two thousand two hundred and eighty dollars ; Newburyport, eighteen thousand seven hundred and sixty- eight dollars ; North Andover, four thousand two hundred and seventy-two dollars ; Rockport, four thousand and fifty-
18G3.— C'HArTER '2-21. 521
six dt)llars ; Rowley, one thoupancl five Imndred and twelve ditlUirs ; l^alcnl, thirty-nine thousand three hundred and ciulity-lbur dollars ; [Salisbury, four thousand three hundred and sixty-eiiiht dollars; Saugus, three thousand two hundred and sixty-four dollars ; Soutii Danvers, nine thousand nine hundred and sixty dollars ; Swanijjscott, two thousand eight hundred and eigiit dollars; Topsficld, one thousa;id eight hundred and forty-eight dollars; Wenham, one thousand five hundred and eight3'-four dollars ; West Newbury, two thousand eight hundred and thirty-two dollars.
Micld/esc.c Count II. — Acton, two thousand four hundred bounty of Mid-
•' ulesex.
and twenty-four dollars; Ashby, one thousand three hundred and ninety-two dollars ; Ashland, one thousand eight hun- dred and forty-eight dollars; Bedford, one thousand two hundred and ninety-six dollars; Belmont, five thousand two hundred and eighty dollars ; Billerica, two thousand nine hundred and four dollars ; Boxborough, six hundred and twenty-four dollars; Brighton, nine thousand and forty-eight dollars ; Burlington, one thousand one hundred and twenty- eight dollars ; Cambridge, fifty-three thousand four hundred and twenty-four dollars ; Carlisle, nine hundred and thirty- six dollars ; Charlestown, forty-one thousand five hundred and sixty-eight dollars ; Chelmsford, three thousand eight hundred and sixteen dollars ; Concord, four thousand four hundred and sixty-four dollars; Dracut, two thousand seven hundred and eighty-four dollars ; Dunstable, one thousand ^
and eighty dollars ; Framingham, six thousand two hundred and sixty-four dollars ; Groton, four thousand two hundred and seventy-two dollars; Holliston, four thousand three hundred and ninety-two dollars; Hopkinton, four thousand four hundred and sixty-four dollars; Lexingtoji, four thou- sand eight hundred and forty-eight dollars ; Lincoln, one thousand four hundred and sixty-four dollars ; Littleton, one thousand eight hundred and forty-eight dollars; Lowell, fifty-six thousand five hundred and forty-four dollars ; Mai- den, rdne thousand four hundred and fifty-six dollars; Marlborough, six thousand one hundred and ninety-two dol- lars ; Medford, twelve thousand seven hundred and ninety- two dollars ; Melrose, three thousand eight hundred and sixty-four dollars ; Natick, five thousand nine hundred and fifty-two dollars; Newton, eighteen thousand six hundred and forty-eight dollars ; North Reading, one thousand five hundred and eighty-four dollars ; Pepperell, two thousand four hundred dollars ; Reading, three thousand seven hun- dred and sixty-eight dollars ; Sherborn, two thousand three hundred and fifty-two dollars ; Shirley, one thousand nine
522 1863.— Chapter 221.
liundred and forty-four dollars; Somerville, fifteen thousand eight hundred and forty dollars ; South Reading, five thou sand two hundred and eighty dollars ; Stonehani, three thousand eight hundred and eighty-eight dollars ; Stow, two thousand and eighty-eight dollars ; Sudbury, two thousand nine hundred and four dollars ; Tewksbury, one thousand eight hundred and twenty-four dollars ; Townsend, two thousand one hundred and thirty-six dollars; Tyngsborough, nine hundred and thirty-six dollars; Waltham, twelve thou- sand three hundred and sixty dollars; Watertown, six thou- sand eight hundred and forty dollars; Wayland, one thousand five hundred and sixty dollars ; West Cambridge, six thou- sand four hundred and eight dollars ; Westford, two thousand three hundred and four dollars; Weston, two thousand seven hundred and twelve dollars ; Wilmington, one thousand three hundred and forty-four dollars ; Winchester, four thousand one hundred and four dollars ; Woburn, ten thousand three hundred and twenty dollars. ce°ster^ °^ ^°'^' Worcester Counttj. — Ashburnham, two thousand four hun- dred and twenty-four dollars ; Athol, three thousand and twenty-four dollars; Auburn, one thousand one hundred and fifty-two dollars ; Barre, four thousand six hundred and eighty dollars; Berlin, one thousand two hundred and sev- enty-two dollars ; Blackstone, five thousand seven hundred and eighty-four dollars ; Bolton, one thousand seven hundred and four dollars; Boylston,one thousand three hundred and forty-four dollars ; Brookfield, two thousand five hundred and twenty dollars ; Charlton, two thousand seven hundred and twelve dollars ; Clinton, four thousand eight hundred and seventy-two dollars ; Dana, eight hundred and sixteen dollars ; Douglas, two thousand eight hundred and eighty dollars ; Dudley, two thousand and sixty-four dollars ; Fitchburg, ten thousand nine hundred and twenty dollars ; Gardner, two thousand nine hundred and fifty-two dollars ; Grafton, five thousand two hundred and eight dollars ; Hard- wick, two thousand five hundred and ninety-two dollars ; Harvard, two thousand four hundred and ninety-six dollars ; Holden, two thousand four hundred dollars ; Hubbardston, one thousand nine hundred and forty-four dollars ; Lancaster, two thousand four hundred and twenty-four dollars ; Leices- ter, four thousand four hundred and sixt3^-four dollars ; Leo- minster, four thousand nine hundred and sixty-eight dollars ; Lunenburg, two thousand and sixty-four dollars ; Mendon, two thousand and sixty-four dollars ; Milford, ten thousand two hundred and seventy-two dollars; Millbury,four thousand two hundred and seventy-two dollars ; New Braintree, one
18(53.— CiiAi'TKK '2'2\. 523
tliousaiid four luiiulred and eiglity-oiiiht dollars ; North l>rooklield, three thousand live hundred and (if'ty-tvvo dollars ; Norihboroufrh, two thousand six hundred and sixteen dol- lars ; Northbridire, two thousand nine hundred and seventy- six dollars : Oaichani, one thousand and thiity-two dollars ; Oxford, three thousand five hundred and fifty-two dollars ; Paxton, nine hundred and thirty-six dollars ; Petei'shani, one thousand nine hundred and sixty-eight dollars ; Phillips- ton, nine hundred and twelve dollars ; Princeton, two thou- sand and sixteen dollars ; Royalston, two thousand three hundred and twenty-d!ght dollars ; Rutland, one thousand four hundi-ed eighty-eight doUars ; Shrewsbury, three thou- sand and seventy-two dollars; Southborough, two thousand seven hundred and sixty dollars ; Southbridge, three thou- sand nine hundred eighty-four dollars ; Spencer, three thou- sand eight hundred and forty dollars ; Sterling, two thousand eight hundred and eight dollars ; Sturbridge, two tliousand six hundred and forty dollars; Sutton, three thousand two hundred and sixteen dollars ; Tenipleton, three thousand four hundred and thirty-two dollars ; Upton, two thousand three hundred and four dollars ; Uxbridge, four thousand six hundred and eighty dollars ; Warren, two thousand four hundred and forty-eight dollars ; Webster, three thousand three hundred and twelve dollars ; West Boylston, two thousand seven hundred and thirty-six dollars ; West Brook- field, one thousand nine hundred and forty-four dollars ; Westborough, three thousand five hundred and seventy-six dollars ; Westminster, two thousand two hundred and eighty dollars ; "Winchendon, three thousand two hundred and forty dollars ; Worcester, forty-seveu thousand seven hundred and eighty-four dollars.
Hantpshire Countij. — Amherst, four thousand, five hun- county of namp- dred- and thirty-six dollars ; Belchertown, three thousand two hundred and forty dollars ; Chesterfield, one thousand two hundred and forty-eight dollars ; Cummington, one thousand one hundred and fifty-two dollars; Easthaini)toii, two thousand five hundred and forty-four dollars ; Enfield, one thousand six hundred and fifty-six dollars; Goshen, five hundred and four dollars ; Grani)y, one thousand three hundred and ninety-two dollars ; Gieenwich, eight hundred and sixty-four dollars ; Iladley, three thousand lour hundred and eighty dollars ; Hatfield, two thousand eight hundred and fifty-six dollars; Huntington, one thousand three hun- dred and ninety-two dollars ; JMiddlefield, nine hundred and thirty-six dollars ; Northampton, ten thousand two hundred and ninety-six dollars ; Pelliam, six hundred and twenty-
den.
524 1863.— Chapter 221.
four dollars ; Plainfield, eiglit hundred and sixteen dollars ; Prescott, seven hundred and forty-four dollars ; South Had- ley, three thousand and twenty-four dollars ; Southampton, one thousand four hundred and eighty-eight dollars ; Ware, four thousand and thirty-two dollars ; West Hampton, eight hundred and sixty-four dollars ; Williamsburg, two thousand six hundred and eighty-eight dollars ; Worthington, one thousand two hundred and ninety-six dollars. -
County of Hamp- Hamjfden Count//. — Agawam, two thousand and forty dollars ; Blandford, one thousand five hundred and eighty- four dollars ; Brimfield, two thousand and sixteen dollars ; Chester, one thousand four hundred and sixteen dollars ; Ciiicopee, eight thousand four hundred and ninety-six dol- lars ; Granville, one thousand three hundred and ninety-two dollars ; Holland, four hundred and eighty dollars ; Holyoke, six thousand and ninety-six dollars ; Longmeadow, two thousand five hundred and forty-four dollars ; Ludlow, one thousand three hundred and sixty-eight dollars ; Monson, three thousand two hundred and eighty-eight dollars ; Mont- gomery, four hundred and eighty dollars ; Palmer, three thousand eight hundred and sixteen dollars ; Russell, six hundred and forty-eight dollars ; Southwick, one thousand seven hundred and fifty-two dollars; Springfield, twenty- four thousand five hundred and fifty-two dollars ; Tolland, eight hundred and sixteen dollars ; Wales, eight hundred and sixty-four dollars ; West Springfield, two thousand nine hundred and twenty-eight dollars ; Westfield, eight thou- sand and sixteen dollars ; Wilbraham, two thousand five hundred and forty-four dollars.
County of Frank- Franklin Countij. — Ashfield, one thousand eight hun- dred dollars ; Bernardston, one thousand three hundred and twenty dollars ; Buckland, one thousand six hundred and eighty dollars ; Charlemont, one thousand two hundred dollars ; Colrain, one thousand seven hundred and seventy- six dollars ; Conway, two thousand one hundred and eighty- four dollars ; Deerfield, three thousand six hundred and twenty-four dollars ; Erving, five hundred and fifty-two dollars ; Gill, one thousand and eighty dollars ; Greenfield, four thousand four hundred and eighty-eight dollars; Haw- ley, seven hundred and forty-four dollars ; Heath, seven hundred and sixty-eight dollars ; Leverett, nine hundred and sixty dollars ; Leyden, seven hundred and ninety-two dollars ; Monroe, two hundred and sixty-four dollars ; Mon- tague, one thousand seven hundred and fifty-two dollars ; New Salem, one thousand one hundred and fifty-two dollars ; Northfield, two thousand one hundred and sixty dollars;
lin.
18G3.— Chapter 2"21. 525
Orange, one thousand eight hundreil dollars ; Rowe, six hundred and seventy-two dollars ; Shelburne, two thousand and forty dollars; Shutesbury, seven hundred and sixty- eight dollars ; Sunderland, one thousand and thirty-two dollars ; Warwick, one thousand one hundred and four dollars ; WenduU, seven hundred and forty-four dollars ; Whately, one thousand seven hundred and seventy-six dollars.
Berkshire Countn. — Adams, seven thousand seven hun- county of Berk- dred and four dollars ; Alford, eight hundred and eighty- eight dollars ; Becket, one thousand four hundred and sixty- four dollars ; Cheshire, one thousand nine hundred and forty-four dollars ; Clarksburg, three hundred and sixty dollars ; Dalton, two thousand and forty dollars ; Egremont, one thousand three hundred and ninety-two dollars ; Florida, four hundred and fifty-six dollars ; Great Barrington, five thousand two hundred and eight dollars ; Hancock, one thousand three hundred and forty-four dollars ; Hinsdale, one thousand seven hundred and fifty-two dollars ; Lanes- borough, one thousand eight hundred and forty-eight dol- lars ; Lee, five thousand and eighty-eight dollars ; Lenox, two thousand three hundred and fifty-two dollars ; Monte- rey, nine hundred and thirty-six dollars ; Mount Washing- ton, two hundred and forty dollars; New Ashford, three hundred and thirty-six dollars ; New Marlborough, one thousand nine hundred and twenty dollars ; Otis, nine hun- dred and twelve dollars ; Peru, six hundred and forty-eight dollars ; Pittsfield, thirteen thousand seven hundred and four dollars ; Richmond, one thousand three hundred and ninety- two dollars ; Sandisfield, one thousand six hundred and eighty dollars ; Savoy, eight hundred and eighty-eight dol- lars ; Sheffield, three thousand two hundred and sixteen dollars ; Stockbridge, two thousand seven hundred and thirty-six dollars ; Tyringham, eight hundred and eighty- eight dollars ; Washington, nine hundred and sixty dollars ; West Stockbridge, one thousand seven hundred and twenty- eight dollars ; Williamstown, three thousand four hundred and eight dollars ; Windsor, one thousand and thirty-two dollars.
jS'orfofk County. — Bcllingham, one thousand four hun- county of Nor- dred and sixty-four dollars ; Braintree, four thousand three hundred and sixty-eight dollars ; Brookline, twenty-five thousand four hundred and eighty-eight dollars ; Canton, five thousand five hundred and forty-four dollars ; Cohasset, two thousand eight hundred and eighty dollars ; Dedham, eleven thousand nine hundred and twenty-eight dollars ; 29
526
1863.— Chapter 221.
County of Bris- tol.
County of Ply- mouth.
Dorchester, twenty-seven thousand six hundred and seventy- two dollars ; Dover, nine hundred and sixty dollars ; Fox- borough, three thousand seven hundred and ninety-two dollars; Franklin, two thousand four hundred and ninety- six dollars ; Medfield, one thousand seven hundred and four dollars ; Medway, three thousand six hundred and ninety- six dollars ; Milton, eight thousand five hundred and twenty dollars ; Needham, four thousand five hundred and twelve dollars; Quincy, ten thousand seven hundred and fifty-two dollars; Randolph, eight thousand and forty-dollars ; Rox- bury, sixty-one thousand one hundred and seventy-six dol- lars ; Sharon, one thousand nine hundred and forty-four dollars; Stoughton, five thousand five hundred and ninety- two dollars ; Walpole, three thousand and twenty-four dollars; West Roxbury, twenty thousand six hundred and eighty-eight dollars; Weymoutli, nine thousand seven hun- dred and forty-four dollars ; Wrentham, three thousand seven hundred and forty-four dollars.
Bristol Counly. — Acushnet, two thousand one hundred and sixty dollars ; Attleborough, seven thousand two hun- dred and seventy-two dollars ; Berkley, nine hundred and sixty dollars ; Dartmouth, seven thousand eight hundred dollars ; Dighton, two thousand one hundred and thirty-six dollars ; Easton, three thousand four hundred and eight dollars ; Fairhaven, nine thousand one hundred and forty- four dollars ; Fall River, thirty-four thousand one hundred and twenty-eight dollars ; Freetown, two thousand two hun- dred and fifty-six dollars ; Mansfield, two thousand two hundred and eighty dollars ; New Bedford, sixty-one thou- sand six hundred and thirty-two dollars ; Norton, two thou- sand four hundred and twenty-four dollars ; Raynham, two thousand eight hundred and eighty dollars ; Rehoboth, two thousand five hundred and ninety-two dollars ; Seekonk, one thousand three hundred and forty-four dollars ; Somer- set, two thousand six hundred and eighty-eight dollars ; Swanzey, two thousand one hundred and twelve dollars ; Taunton, twenty-two thousand nine hundred and twenty dol- lars ; Westport,four thousand nine hundred forty-four dollars.
Plymouth County. — Abington, ten thousand one hun- dred and four dollars ; Bridgewater, five thousand two hun- dred and eighty dollars ; Carver, one thousand four hundred and eighty-eight dollars ; Duxbury, three thousand three hundred and twelve dollars ; East Bridgewater, four thou- sand and eighty dollars ; Halifax, nine hundred and sixty dollars ; Hanover, two thousand four hundred and twenty- four dollars ; Hanson, one thousand six hundred and fifty-
1863.— Chapter '2-21. 527
six dollars ; ITingliani, seven thousand and eighty dollars : Hull, four hundred and eighty dollars; Kingston, three thousand five hundred and lour dollars ; Lakeville, one thousand six hundred and eighty de)llars ; Mai'ion, one thou- sand three hundred and forty-four dollars ; Marshfield, two thousand two hundred and thirty-two dollars ; Mattaj)oisctt, two thousand three hundred and seventy-six dollars ; Middle- borough, six thousand six hundred and twenty-four dollars; North Bridgewater, six thousand eight hundred and forty dollars ; Pembroke, one thousand eight hundred and ninety- six dollars ; Plymouth, eight thousand nine hundred and fifty-two dollars ; Plympton, one thousand one hundred and seventy-six dollars ; Rochester, one thousand seven hundred and fifty-two dollars; ^Scituate, two thousand eight hundred and fifty-six dollars ; South Scituate, two thousand six hun- dred and sixty-four dollars; Wareham, three thousand five hundred and fifty-two dollars ; West Bridgewater, two thou- sand two hundred and eighty dollars.
Barnstable Count//. — Barnstable, sis thousand one county of Bam- hundred and forty-four dollars ; Brewster, one thousand ^ eight hundred and forty-eight dollars; Chatham, two thou- sand seven hundred and sixty dollars ; Dennis, three thou- sand four hundred and fifty-six dollars ; Eastham, seven hundred and ninety-two dollars ; Falmouth, three thousand eight hundred and forty dollars ; Harwich, two thousand eight hundred and fifty-six dollars ; Orleans, one thousand five hundred and eighty-four dollars; Provincetown, three thousand eight hundred and forty dollars ; Sandwich, four thousand nine hundred and twenty dollars ; Truro, one thousand four hundred and sixteen dollars ; Wellfleet, two thousand and eighty-eight dollars ; Yarmouth, throe thou- sand three hundred and eighty-four dollars.
Dukes Count//. — Chilmark, one thousand five hundred county of Dukes, and eighty-four dollars ; Edgartown, three thousand seven hundred and sixty-eight dollars ; Tisbury, two thousand seven hundred and twelve dollars.
Nantucket Counlij. — Nantucket, ten thousand six hun- county of Nan- dred and eight dollars.
ReSapituiation. — Suff'olk County, seven hundred and Recapitulation, seventy-eight thousand five hundred and eighty-four dol- lars ; Essex County, two hundred and forty thousand three hundred and sixty dollars ; Middlesex County, three hun- dred and sixty-nine thousand nine hundred and twelve dollars ; "Worcester County, two hundred and twenty-one thousand two hundred and eight dollars ; Hampshire County, fifty-one thousand six hundred and seventy-two
528, 1863.— Chapter 221.
dollars ; Hampden County, seventy-seven tliousand one ' . hundred and thirty-six dollars ; Franklin County, thirty- eight thousand two hundred and thirty-two dollars ; Berk- shire County, seventy thousand four liundred and sixty- four dollars; Norfolk County, two hundred and twenty-nine thousand seven hundred and twenty-eight dollars ; Bristol County, one hundred and seventy-five thousand and eighty dollars ; Plymouth County, eighty-six thousand five hun- dred and ninety-two dolhirs ; Barnstable County, thirty- eight thousand nine hundred and twenty-eight dollars ; Dukes County, eight thousand and sixty-four dollars ; Nantucket County, ten thousand six liundred and eigiit dollars. Treasurer to issue SECTION 2. The treasurer of the Commonwealth shall
warrant to asses- ,, , . , t ^ • -i n \ ■ t i
Bors, etc. lorthwith Send his warrant, with a copy oi this act, directed
to the selectmen or assessors of each city or town taxed as aforesaid, requiring them respectively to assess the sum so charged, according to the provisions of the eleventh chapter of the General Statutes, and to add the amount of such tax to the amount of town and county taxes to be assessed by them respectively, on each city or town.
Duties of asses- SECTION 3. The treasurer, in his said warrant, shall
Bors and select- • . i • i i , , j •
men. rcquirc the said selectmen or assessors to pay, or to issue
their several warrant or warrants, requiring the treasurers of their several cities or towns to pay to said treasurer of the Commonwealth, on or before the first day of December, in the year one thousand eight hundred and sixty-throe, the sums set against said cities or towns in the schedule afore- said ; and the selectmen or assessors, respectively, shall return a certificate of the names of such treasurers, with the sum which each may be required to collect, to the said treasurer of the Commonwealth, at some time before the first day of October next.
Penalty for deiin- SECTION 4. If tlic auiount duc froiu any city or town, as provided in this act, is not paid to the treasurer of the Com- monwealth within the time specified, then the said treasurer shall notify the treasurer of said delinquent city or town, who shall pay into the treasury of the Commonwealth, in addition to the tax, such further sum as would be equal to one per centum per month during such delinquency, dating on and after the first day of December next ; and if the same remains unpaid after the first day of January next, an information may be filed by the treasurer of the Common- wealth in the supreme judicial court, or before any justice thereof, against such delinquent city or town ; and upon notice to such city or town, and a summary hearing thereon,
quency.
1863.— Chapters 222, 223. 529
a warrant of distress may issue against such city or town, to enforce the payment of said taxes, under such ])enalties as • the said court, or the justice thereof hefore whom the bearing is had, sliall order.
Section 5. This act shall take effect upon its passage.
Approved April 29, 1863.
Chap. 222
Ax Act in additiont to " an act to encourage enlistments and
REGULATE RECRUITING." Be it enacted, cVc, as folloivs :
The governor may, iu his discretion, appropriate the oovprnor may
11 J I- ^1 1 i I • 1 1 /i • i appropriate for
whole or any part ot the bounty authorized by tlie ninety- transport of sec- first chapter of the acts of the year eighteen hundred and "'^'i reg. cavalry, sixty-three, to the payment of necessary expenses of trans- porting the troops of the second Massachusetts cavalry : provided, /loiverer, that the whole amount thus expended Proviso. in the transportation of said corps, shall not exceed the maximum fixed in the said chapter, for bounty and other expenses. Approved April 29, 1863.
An Act concerning horse railroad commissioners. Chap. 223
Be it enacted, §'c., as follows :
Section 1. Whenever any horse railroad corporation is connection of authorized by law to connect its road or track with the road incases of disa- or track of another such corporation, and whenever any c"''t"''°a'ppoint''' such corporation, either itself or by its lessees or assigns, commissioners. enters upon and uses, iinder authority of law, in any man- ner the road or track, or any portion thereof, of another such corporation, and the corporations cannot agree upon the mode of such connection, or the manner and stated periods of such use, or the compensation to be paid therefor, the supreme judicial court, upon the petition of either party, and notice to the other, shall appoint three commissioners. Duties of commis- who, after due notice to and hearing the parties interested, shall determine such rate of compensation, or fix the mode of such connection, or the manner and stated periods of such use, having reference to the convenience and interest of the corporations and the public to be accommodated therel)y : and Award. the award of the commissioners, or a major part of them, shall be binding upon the respective corporations interested therein, until the same is revised or altered by other commissioners appointed in the same manner ; but no such revision or alteration shall be made within one year after the last award.
Section 2. Whenever commissioners are so appointed M'^y determine
. ., . ■ ^ p y p \ compensation tor
to determine the compensation to be paid lor tlie use ot the use of tracks. road or track of another corporation, they shall, if desired
530
1863.— Chapter 224.
TJutil deter- mined, S. J. 0. may prescribe rate of month- ly payment.
by either party, determine the compensation to be paid therefor from the commencement of such use, excepting, however, such period of time, if any, as is covered by the award of previous commissioners, or by agreement of the parties.
Section 3. Whenever such entry upon and use of the tracl^s of another corporation are liereafter made, tlie cor- poration so entering and using shall, until the rate of com- pensation is fixed by commissioners, or by agreement, pay, montlily, for such use from tlie time of entry at such rate as the supreme judicial court shall, on petition of either party, and notice to the other, from time to time, order ; but the rate of compensation thus fixed by the court shall not be deemed, in any manner, to preclude the judgment of commissioners, as to the amount which ought justly to be allowed and paid for such use.
Section 4. In case the corporation so using the tracks of another corporation fails to make the montlily payment herein provided for, the further use of said tracks may be enjoined by the supreme judicial court, until all payments in arrear have been made or satisfactorily secured.
Section 5. If the compensation fixed by commissioners for such prior use of the tracks of another corporation, exceeds the rate previously fixed by the court under the third section of this act, the excess shall be paid by the party using such tracks ; and in case it falls below said rate, the difference shall be deducted from the compensation subsequently accruing.
Section 6. In all cases heard before commissioners under the provisions of this act, the expenses and costs attending the same, including the compensation of the commissioners, shall be paid by such party, or divided between the parties in such proportions, as the commission- ers determine. The court appointing the commissioners shall fix and award them such compensation for their services and expenses as is deemed by the court just and reasonable.
Section 7. This act shall take effect upon its passage, but shall not affect any proceeding now pending. All acts and parts of acts inconsistent herewith, are hereby repealed.
Approved April 29, 1863.
Chap. 224 An Act kelating to the rkturns and reports of railroad
CORPORATIONS.
Be it enacted, Sfc, asf follows:
reportrVonform Section 1. Tlic sccrctary of the Commonwealth is here- to law. \,Y required to examine the annual railroad returns and
Injunction in case of non-pay- ment.
Dilference in award of S. J. C. and commi.ssion- ers.
Expenses and costs before com- missioners, how adjusted.
Pending cases, not affected.
18G3.— Chapters 225, 226, 227. 531
reports of the year citilitccn hundred. and sixty-two, and all subsequent years, and notify the several railroad corpora- tions of the particulars, if any, in which their reports do not conform to the requirements of law.
Seci'ion 2. Whenever a railroad corporation, notified as Penmty if corpo- provided in section first of this act, shall fail to make any subsequent annual returns and reports, so as to conform to all such requirements, it shall be the duty of the secretary, and he is hereby required, to recover from said corporation the penalties provided in section one hundred and thirty- five of chapter sixty-three of the General Statutes.
Approved April 29, 1863.
An Act concerning the registry of deeds. Chap. 225
Be il enacted, cVc, as follows :
Section 1. Registers of deeds shall note upon the record Registers to not*
„ . 1111 1 i/> value of stamp
01 any instrument recorded by them, the value or any stamp and cancellation. affixed to such instiument, pursuant to the laws of the United States, and the cancellation thereof.
Section 2. This act shall take effect upon its passage.
Approved April 29, 1863.
An Act to repeal sections eight and nine of the "act to
incorporate the MASSACHUSETTS INSTITUTE OF TECHNOLOGY, AND TO GRANT AID TO SAID INSTITUTION, AND TO THE BOSTON SOCIETY OF NATURAL HISTORY."
Be it enacted, Sfc, as follows:
Sections eight and nine of chapter one hundred and Repeal of reser- eighty-three of the acts of the year eighteen hundred and lots "on '^Back sixty-one, entitled " An Act to incorporate the Massachusetts ^'^^' Institute of Technology, and to grant aid to said institution, and to the Boston Society of Natural History," are hereby repealed. Approved April 29, 1863.
An Act to incorporate the trustees of the newbukyport QJiQ/n 227
VETERAN ARTILLERY COMPANY. ^ "
Be it enacted, §-c., as follows :
Section 1. John Burrill, William E. Currier, Richard corporators. Fowler, their associates and successors, are hereby made a corporation by the name of the Trustees of the Newburyport Veteran Artillery Company.
Section 2. Said board of trustees shall consist of not less Number of true- than five nor more than nine persons, who shall be mem- ***'^' bers of said company. A majority of said trustees shall Quorum, constitute a fiuorum for doiny; business, and all vacancies vacancies, how that may hapf)en in said board of trustees, by death, resigna- tion or otherwise, shall be filled in such manner as the members of the company may direct.
Chap. 226
532 1863.— Chapter 228.
May hold real SECTION 3. Said board of trustees shall have power to
and personal es- , • i i i t i i^ • i
tate. purchase, receive, hold and manage real estate lor said cor-
poration, to the amount of ten thousand dollars, and personal property belonging to said corporation, and receive any gift, grant, bequest or donation which may be made to said cor- poration, and manage the same, by investment or otherwise.
i&wr ^""^ ^^' Section 4. Said board of trustees shall have power to make rules, regulations and by-laws in conformity with the previous sections, for the government of said company, which rules, regulations and by-laws shall be binding on its mem- bers. Approved April 29, 1863.
Chap. 228 -^^ Act to reduce the capital of the merchants' bank of
BOSTON.
Be it enacted, ^'c, as follows :
siTOofooo au- Section 1. The president, directors and company of the
thdrized. Merchants' Bank, established in the city of Boston, are
hereby authorized to reduce their capital stock to the sum of
Proviso. three million dollars : provided, that said reduction shall
not take place until the bank commissioners, or a majority of them, shall have certified, in writing, to the governor and council, after due examination, that the said corporation has sufficient funds for the payment of all notes, bills, deposits, and other liabilities existing against it, and for the purchase and extinguishment often thousand shares of its stock, and after the payment of all liabilities, and the purchase of its stock, as aforesaid, the sum of three million dollars shall remain in said bank as capital stock in funds available, for all usual and proper banking purposes, nor until the stock- holders of said corporation, at a meeting called for that purpose, shall vote in favor of said reduction.
Reduction affect- SECTION 2. Tlic Capital stock of Said bank shall be reduced
ed by purchase r • i i • • i
of 10,000 shares as aforcsaid, by the purchase and extinguishment by said corporation, often thousand shares of its stock, so that each of the remaining thirty thousand shares shall be of the par
President and valuc of ouc hundred dollars ; and when the capital stock is
governor!"'"'''^ rcduced, as aforesaid, and the president and cashier of the said bank shall have certified, in writing, to the governor and council, that the capital stock of said bank has been reduced in manner as provided by this act, then all the rights, duties and liabilities of said bank shall have relation to, and be gov- erned by, said reduced capital stock of three million dollars ;
Ta^f' "n«i stock and uutil such reduction is made, and the certificate of the president and cashier is made as aforesaid, said bank shall continue to pay into the treasury of the Commonwealth the tax required by law upon its capital stock.
18G8.— Chapter 229. 533
Section 3. It shall be the duty of the bank commission- J'JI^^i^^o^^^^^ ers, or a majority of them, to make the examination provided for by this act, and the necessary expenses incurred by them in so doing, shall be paid by said corporation.
Section 4. This act shall take ed'oct upon its passage.
Approved April 29, 1863.
An Act in addition to " an act to preserve a uecoud of our Chcip. 229
SOLDIERS AND OFFICERS."
Be it enacted, ^r., as follows :
Section 1. The first section of an act, entitled, " An ^g''*^^^*^^^^^' •'^• Act to preserve a Record of our Soldiers and Officers," ' approved March seventh, in the year eighteen hundred and sixty-three, is hereby so amended that the record required by the provisions of said first section shall, as far as practi- cable, state the time and place of birth, names of parents, previous occupation, term of enlistment, time of entering the service, and whether married or single, of all such soldiers and officers.
Section 2. The clerk of each city and town shall also cierksofcuies
, „,, -, - 1P1 oil '^"'^ towns to
keep a luU and com.plete record oi the names oi all seamen prepare record and officers, residents of such cities and towns, engaged in offic?r"fnu.'s. th6 naval service of the United States, during the present service, rebellion, which record shall, as far as practicable, state the time and place of birth, name of parents, the date at which he entered such service, his previous occupation, whether he was married or single, the vessel or vessels on which he served, the battles or kind of service in which he was engaged, whether he resigned, or was discharged, or desert- ed, and the date of such resignation, discharge, or deser- tion, the cause of such discharge or resignation, his promo- tions, and the dates, occasions, and nature of the same ; and, if he died in the service, it shall state the date and cause of his death ; and such record shall contain any and all such other facts as relate to the naval career of such seamen or officers during such rebellion.
Section 3. The adjutant-general shall prepare suitable J^«^o''^.^ook8 to
1 1 1 1 1 • n • • 1 1 • c ^ • "'^ furnished.
blank books, m conformity with the requirements oi this act, with proper blanks for marginal notes, and furnish the same to the several cities and towns at cost, on the applica- tion of the clerk thereof.
Section 4. All the expenses incurred in making said Expense of mak- records, with the cost of the record-books, shall be paid by '"^""^ the several cities and towns, and the records, when com- pleted, shall be deposited and kept in the city and town clerk's office.
30
534 1863.— Chapters 230, 231.
^p^^^- Section 5. The second section of chapter sixty-five of
tlie acts of the year eighteen hundred and sixty-three, is hereby repealed.
Section 6. This act shall take effect upon its passage.
Approved April. 29, 1863.
Chap. 230
amended.
An Act in relation to the discharge of vested rights by
executors and others. Be it enacted, Sfc, as Jblloios : General statutes, Sectiou cleveu of chantcr one hundred and one of the General Statutes is amended by adding thereto the foUownig words : provided, that in all cases notice shall be given in the same manner as now prescribed by law in relation to applications for sales of real estate by the same parties, under license from the probate court.
Approved April 29, 1863.
Chap. 2^1
An Act to define the fees for manuscript copies furnished
BY THE secretary OF THE COMMONWEALTH, AND FOR THE EXAMINATION OF RECORDS AND PAPERS.
Be it enacted, See, as follows :
Fees for copying. SECTION 1. Tlic fccs rcquircd for copics of acts, resolves or orders of the legislature, and of orders or other papers of the governor and council, certified by the secretary of the Commonwealth, and furnished to any private person, sliall
Official certifi- be computcd at twenty-five cents for each page ; and twenty- five cents shall be added for the oflicial certificate thereto attached.
Fee for recording SECTION 2. Evcry corporatiou and ioint stock company,
corpora. tc C6rtifi- v i t/ i •/ '
cate. upon filing in the secretary's department any certificate of
organization, increase of capital stock, or other paper to be recorded in said department, shall pay therefor the sum of one dollar: and an entry of such payment shall be made upon the record.
fecoTdr"""^ °*^ Section 3. Every person upon whose application or request, an examination of records or papers shall be made by direction of the secretary of the Commonwealth, shall pay therefor into said department, the actual expense of such examination, and of copying the manuscript or record
Proviso. required : provided, that any citizen or other person deemed
entitled to exemption from the fees herein prescribed for examinations and copies of papers, shall receive such service and copies as the secretary shall decide the case to require, for such reduced fees, or without fee, as may seem just.
fte?reSd.°^ Section 4. All fees received under the provisions of this act, shall be included in the certificates of quarterly returns
1863.— CiiArxERs 232, 233. 535
of moneys by the secretary, to the treasurer and receiver- general.
Skction 5. The eleventh section of the one hundred Repeal. and (ifty-seventh chapter of the General Statutes, is hereby repealed.
Section G. This act shall take effect upon its passage.
Approved April 29, 18G3.
An Act concerning the dorchester railway company. Chap. 232
Be it enacted, iVc, as follows : •
Section 1. The organization of the Dorchester Railway organization con- Company, under the provisions of section seven of the two ™^ ' hundi-ed and seventy-ninth chapter of the acts of eighteen hundred and fifty-six, is hereby confirmed.
Section 2. The said company is hereby authorized to purchase of Dor- purchase the franchise, railroad and other property of the co!luthorLed?° Dorchester Extension Railway Company, provided such purchase shall not be made until the same has been sanc- tioned by a majority in interest of the stockholders of both companies.
Section 3. The Dorchester Railway Company is hereby May lease or seu authorized to sell or lease its railroad, franchise and other ' property, or any part of the same, including what they may acquire under the provisions of section second of this act, to any other horse railroad corporations in the counties of Suffolk and Norfolk, or in either of them: provided, Iioiv- ^'^°'''^^°- ever, that no such sale or lease shall be made without the sanction of a majority in interest of the stockholders of said Dorchester Railway Company, and of a majority in interest of the stockholders of the company purchasing or leasing the same; and the company T)urcliasino; or leasing the fran- co. purchasing
I • 1 -1 1 r • 1 T-v 1 i T> -1 ri may hold estate.
cnise and railroad or said Dorcliester Railway Company, may purchase and hold any real estate in Dorchester, which may be required for their railroad purposes.
Section 4. This act shall take effect upon its passage.
Approved April 29, 1863. An' Act to amend the charter of the bay state steam-boat Qhnn 233
COMPANY. "'
Be it enacted, §t., as follows:
Section 1. The third section of an act, entitled "An Act to incorporate the Bay State Steam-boat Company," approved March twenty-second, in the year one thousand eight hundred and forty-nine, is so far amended that if shall read as f(jllo\vs : The said company may hold real estate, not Real and person- exceeding in value one hundred thousand dollars, and " ''^^^' personal property to an amount not exceeding four hundred
536 1863.— Chapters 234, 235, 236.
thousand dollars, to be divided into such number of equal
shares as the said company, by its by-laws, shall determine.
ProYisions of act SECTION 2. Whenever the said Bay State Steam-boat
of 1856, when /~^ in j. f • ^ , •
Toid. Company shall cease to carry passengers or freight in con-
nection with the Old Colony and Fall River Railroad, in the manner in which said business is now done, then the obliga- tion contained in section fourth, of chapter one hundred and fifty-six, of the acts of the year one thousand eight hundred and sixty-one, shall be of no effect.
Approved April 29, 1863.
Chap. 234 An Act in relation to savings banks and institutions for
SAVINGS HOLDING BANK STOCK.
Be it enacted, Sj^c, as folloxos :
May continue to Saviugs banks aud institutions for savings holding stock
hold stock in cer- • i i i . , i i . • . ^
tain banks. lu Dauks which may become banking associations, under the provisions of section sixty-one of the act of congress, enti- tled "An act to provide a national currency secured by a pledge of United States stocks, and to provide for the circu- lation and redemption thereof," may continue to hold such stock in such banking associations. Approved April 29, 1863.
Chap. 235 An Act in addition to " an act extending the powers of
EXECUTORS, administrators, GUARDIANS AND TRUSTEES TO SETTLE CONTROVERSIES BY ARBITRATION OR COMPROMISE."
Be it enacted, ^'c, as follows :
^r'vo.^v ''u- ^'*' Section 1. The provisions of the second section of chap-
of 1861, how to iTTT f f t 1 o ±^
apply. ter one hundred and seventy-four of the laws of the year
eighteen hundred and sixty-one shall apply to all claims, whether the time for prosecuting the same had or had not expired at the time of the passage of said act.
Section 2. This act shall take effect upon its passage.
Approved April 29, 1863. Chap. 236 An Act to levy a tax on the stock of corporations held
BY persons whose RESIDENCE IS OUT OF THE COMMONWEALTH.
Be it enacted, 8fc., as follows : One-fifteenth of Section 1. Evcry corporatiou organized under a charter
dividends to be -, i j j i • i • . • i i . • i i
reserved and paid Or uudcr general statutes, paying dividends in scrip, stock as^tax to treasu- ^^ i^ioney, shall rcservc from each and every dividend one- fifteenth part of that portion due and payable to its stock- holders residing out of the Commonwealth, and shall pay the same, as a tax or excise, on such estate or commodity, to the treasurer of the Commonwealth, within ten days Proviso. after such dividend is declared payable : provided, that this
act shall not apply to stock standing in the name of execu- tors, administrators or trustees, when the income is payable
18G3.— Chapter 237. 537
to persons residing in this state so that the stock is liable to taxation under existing laws.
Skction '2. If such corporation sliall neglect to make upon neglect, payment to the treasurer, as provided in this act, the treas- recoverwithln^ urer shall forthwith commence an action of contract in the '*'^*'- name of the Conuiionwealth, for the recovery of the same with interest.
Section 3. Every such corporation shall at all times Books to be sub- sulmiit its books to the inspection of tiie treasurer of the "pectiJn° a'^nd re- Commonwealth, and shall within ten days after each and ^'|^°8 '^^'^^ *<> every dividend is declared, make a return to the treasurer, signed and sworn to by the treasurer of the corporation, of the rate per cent, and amount of such dividend, the time when it was declared, tiie amount of stock owned by and the name of each stockholder residing out of the Common- wealth ; and any corporation liable to make payment to the Penalty for neg- treasurer of the Commonwealth under the provisions of this act, neglecting to make this return within the time pre- scribed, shall forfeit to the use of the Commonwealth lifty dollars for each day's neglect, to be recovered by the treasurer.
ISection 4. This act shall take effect upon its passage.
Approved April 29, 1863.
An' Act to authorize the raising of money for the erection QJidn 237 OR enlargement of a jail and house of correction in the ^ " ^
county of BARNSTABLE.
Be it enacted, tVc, as follows :
Section 1. The county commissioners for the county of county commis-
, I'll 1 -\- p sinners may bor-
Barnstable are hereby authorized to borrow, on the credit oi row $13,000. the county, a sum not exceeding thirteen thousand dollars, the same to be expended by said commissioners, or their successors in office, in erecting a suitable building for a jail and house of correction, or in enlarging the present jail, in the town of Barnstable.
Section 2. The county commissioners for said county of May apportion
-P, ,, ,•/< , ii-ii- for assessment.
Barnstable may apportion, lor assessment upon the niliani- tants of said county, such proportion of the sum which they may borrow under the authority of the preceding section, not exceeding three thousand dollars in any one year, as they may determine.
Section 3. If the said county commissioners shall deter- wav seii present
. .,11 [.' . .1 lamli if new site
mine to erect ajau and house 01 correction uj)on some otlier be^seiected. site than that of the present jail in Barnstable, they are hereliy authorized to sell and execute a deed or deeds to convey the lands under and around the present jail in Barn-
538
1863.— Chapter 238.
May build on present site.
Prisoners to be confined at New Bedford during erection.
County of Bristol to be compen- sated.
In case of disa- greement supe- rior court to decide.
Bepeal.
stable, and the buildings thereon. And if said commission- ers shall determine to build a jail and house of correction upon the site of the present jail, they are hereby authorized to take down the present jail, and to discontinue the same for the time being. And while a new building for the pur- poses of a jail and house of correction may be in process of construction, the sheriff of the county of Barnstable is authorized, whenever it shall appear to him expedient, to. transfer and remove any prisoner which may be in his custody in said county to the jail or house of correction in New Bedford, in the county of Bristol. And during such time, any trial justice in any court in said county of Barn- stable, may commit any persons, for detention, or under sentence, to the jail or house of correction in said New Bed- ford, in the same manner as they might have been com- mitted in the county of Barnstable. And the keeper of the jail and the master of the house of correction in said New Bedford, shall receive and detain such persons in the same manner as if they had been committed by a trial justice or court in the county of Bristol. And there shall be paid to the county of Bristol by the county of Barnstable, for the support of such persons, so transferred or committed, such sum as shall be agreed upon by the county commissioners of said counties ; and in case said commissioners shall not be able to agree upon the amount to be paid, representation of the facts may be made to the superior court sitting in either of said counties, and the amount to be paid shall be determined by said court.
Section 4. The seventy-first chapter of the acts of the year eighteen hundred and sixty-two, is hereby repealed.
.Section 5. This act shall take effect upon its passage.
Approved April 29, 1863.
Chap. 238 An Act concerning the old colony and fall river railroad
company.
Authorized to re- locate their en-
Be it enacted, §'c., as folloics :
Section 1. The Old Colony and Fall River Railroad Company are hereljy authorized to re-locate at any time within two years, the extension of their railroad authorized to be built by chapter one hundred and fifty-six of the acts of the year eighteen hundred and sixty-one, entitled "An Act to extend the railroad of the Old Colony and Fall River Railroad Company to the line of the state of Rhode Island and for other purposes," from a point at or near the tunnel on the line of their present railroad in the city of Fail River, in a southerly direction through said city to the
1863.— Chapter '239. 539
former line of the state of Rliode Island, to the tcrmiims of a railroad now being constructed from Newport in the state of Rhode Island to the former line of the Common- wealth of Massachusetts.
Section 2. The Old Colony and Fall River Railroad May cross at Company are hereby authorized to construct their railroad ^tre'ets i^rrau at grade with the streets where the same shall cross the ^''""■• three following streets or ways in said Fall River : a private way or street called Metacomet Street, a private way or street, called Mill Street, and a public way or street called Broadway. And said railroad company are also hereby May cross Ameri-
1-1 1 I 11^1 111 <'^" Print Uorks
authorized to cross the southeasterly and the southerly por- Pond. tions of the American Print Works Pond on a solid filling of earth, provided the proprietors of said pond consent to Proviso. such filling.
Section 3. Whenever said railroad company shall re- upon re-iocation, locate the extension of their said railroad as authorized by previoufoiir " this act, they shall surrender and abandon the location of the extension of their said railroad heretofore made and filed, by an instrument duly executed by said railroad company and filed with the clerk of the county commis- sioners for Bristol County; and said railroad company, shall Liability for dam- only be liable for such damages for said first location of said *°'''' extension of their railroad as shall have accrued up to the time of said surrender.
Section 4. When streets shall be crossed over or under prade at cross- the same by the railway, the grading to and from said d^fstreeL/ crossing shall be made satisfactory to the city authorities of Fall River and at the expense of the railroad company ; and Damage to abut- said company shall also pay all damages to abutters on said streets, occasioned by raising or lowering the same. The said railroad company shall also make proper provision at their own expense for any obstruction to the sewerage or drainage occasioned by the construction of said railroad.
Section 5. This act shall be void unless accepted by said Act void unless railroad company within six months from its passage, at a "'"^'^p'* • meeting of the stockholders of said railroad company legally called and held for the purpose.
Section 6. This act shall take effect upon its passage.
Approved April 29, 1863.
Chap. 239
An Act relating to an annual abstract of pcblic documents
and reports. Be it enacted, §-c., as follows:
Section 1. The secretary of the Commonwealth shall Tabuur abstract,
, -, . •' 11.1 . '""i notes, to be
cause to be prepared and presented to the legislature, m prepared.
540
1863.— Chapter 240.
printed form, annually, a tabular abstract of each of the public documents and reports of the year next preceding, so far as the same shall be practicable ; together with such other tables, notes and explanations as will illustrate the general financial and industrial conditiou of the Common- wealth, the condition of the several public charitable and penal institutions, and such other statistical information relating to the Commonwealth and its institutions, as he shall deem practicable and valuable for reference. Such document shall be deemed a "public" document, under chapter four of the General Statutes, and shall take pre- cedence in the numbering and arrangement of the same. . Section 2. This act shall take effect upon its passage.
Approved April 29, 1863.
Chap. 240
Board of state charities estab- lished.
General agent, appointment, tenure, and du- ties.
An Act in relation to state charitable and correctional
institutions. Be it enacted^ §'c., as follows:
Section 1. The governor, with the advice and consent of the council, shall appoint five persons who, together with the general agent and secretary hereinafter mentioned, shall constitute the board of state charities. One of the per- sons so appointed shall hold office for one year ; one of them for two years and one for three years ; one for four years and one for five years, unless sooner removed. Appoint- ments to fill vacancies, caused by death, resignation or removal before the expiration of terms, may be made for the residue of such terms by the governor and council ; and all appointments to fill vacancies caused by expiration of terms shall be made in the same manner.
Section 2. The governor, with the advice and consent of the council, shall appoint some suitable person as general agent of state charities, who shall hold his office for three years, imless sooner removed. He shall be a member of the board of state charities, ex officio, and shall, subject to the control and direction of tlie said board, oversee and conduct its out-door business, especially the examination of paupers and lunatics, to ascertain their places of settlement and means of support, or who may be responsible therefor ; the removal of paupers and lunatics to their usual homes ; the prosecution of cases of settlement and bastardy ; the collection of emigrant head-money and the bonding of suspicious persons, and all and singular the duties now devolved by law upon the superintendent of alien passen- gers for the city of Boston.
1863.— Chapter 240. 541
Section 3. Tlio irovcrnor, witli the advice and consent secretary of
. , •1111 ■ i. -ill i 1 board, tenure
01 the council, shall a|)i)oint sonic suital)le ))crson to he ana duties, t-ecretary of the hoard oi' state charities. He shall hold his office three years, unless sooner removed. He shall keep an accurate record of the proceedings of the board and shall perform such clerical service as they may require. He shall, under the direction and control of the board, examine the returns of the several cities and towns in rela- tion to the support of paupers therein, and in relation to births, deaths and marriages, and he shall prepare a series of interrogatories to the several institutions of charity, reform and correction, supported wholly or in part by the Commonwealth, or the several counties thereof, with a view to illustrate in his annual report the causes and best treat- ment of pauperism, crime, disease and insanity. He shall also arrange and jiublish in his said report all desirable information concerning the industrial and material interests of the Commonwealth, bearing upon these subjects, and shall have free access to all reports and returns now required by law to be made ; and he may also propose such general investigations as may be approved by the board. He shall salary. be paid, annually, the sum of two thousand dollars and his actual travelling expenses.
Section 4. The board of state charities shall be provided Location, and with suitable rooms in the state house. They shall hold wd°^^ meetings on the first Wednesday of every month. They may make such rules and orders for the regulation of their own proceedings as they may deem necessary. They shall Powers and du- investigate and supervise the whole system of the public charitable and correctional institutions of the Common- wealth, and shall recommend such changes and additional provisions as they may deem necessary for their economical and efficient administration. They shall have full power to transfer pauper inmates from one charitable institution or lunatic hospital to another, and for this purpose to grant admittances and discharges to such pauper inmates, but shall have no power to make purchases for the various institulijiis. They shall receive no compensation for their compensation, services except their actual travelling expenses, which shall be allowed and paid.
Section 5. The board of state charities shall annually Annual report, prejjare and print for the use of the legislature a full and complete report of all their doings during the year preced- ing, htating fully and in detail all expenses incurred, all officers and agents employed, with a report of the secretary and general agent, embracing all the respective proceedings
31
542 1863.— Chapter 241.
and expenses during the year, and showing the actual con- dition of all the state institutions under their control, with such suggestions as they deem necessary and pertinent. Com 'rs alien pas- SECTION 6. The board of commissioners in relation to
sengers, and su- ,. i j i i 1 1 ^^ n
perintendent, in alieu passcugcrs and state paupers, and the oince oi superin- fboushedanddu- teudcut of alicu passengers in the city of Boston are hereby ties transferred. aboHshcd, and tlic dutics now required by law to be per- formed by the incumbents of said offices shall be performed by the secretary and general agent herein provided for, subject to the control and direction of the board of state charities. No compensation shall be allowed for this service except actual travelling expenses. Salary of agent. SECTION 7. The general agent shall be paid annually the sum of two thousand dollars in full for all his services, and Appointmpntand j^jg Qctual travelling expenses. The general agent and pay assisan . gg^j^g^g^j.^.^ subjcct to the approval of the board, may employ such assistants, and incur such expenses as they may deem necessary, within the limits of the annual appropriations ; and the balance of appropriations already made for the alien commissioners and the superintendent of alien passengers, remaining unexpended on the first day of October, eighteen hundred and sixty three, shall be held subject to the require- ments of the board. Secretary Tre SECTION 8. Tbc sccrctary and general agent shall re- bonds, spectively give bond to the treasurer of the Commonwealth, with sufficient sureties, for the faithful performance of their duties, in such sums as may be required in their commis- sions. Support of non- SECTION 9. The cxpcuses of the lunatic hospitals for the
resident lunatics. ^ /> i x* j i • i i.ii x • i.i •
support of lunatics not havmg known settlements in tins state committed thereto, shall be paid by the Commonwealth at the same rates charged for other lunatics residing therein, not exceeding two dollars and twenty-five cents a week for each lunatic.
Repeal. SECTION 10. All acts and parts of acts inconsistent with
this act are hereby repealed.
Act. when to take SECTION 11. Tliis act, SO far as the appointment of officers under it is concerned, shall take effiict upon its passage ; and for all other purposes, on the first day of October in the year one thousand eight hundred and sixty-three.
Approved April 29, 1863.
«
Chat). 241 -^N -^"^T INCORPORATING THE UNION FREIGHT HORSE RAILROAD "' COMPANY.
Be it enacted, Sfc, as follows : Corporators. SECTION 1. Gcorgc B. UptoH, Alfred C. Hersey, John L.
Gardner, their associates and successors, are hereby made a
186:3.— Chapter 241. 543
corporation, by the name of the Union Freight Horse Rail- Title. road Company, witii power to construct, maintain and use a railway or railways, with convenient single or douljle tracks, commencing at some convenient point at or near the Location. freight station of tlie Boston and Lowell Railroad Company, in Lowell or Brighton Streets, in the city of Boston, and continuing thence upon and over Causeway, Commercial, India, Broad, (or India, Custom House and Broad,) Federal, Kneeland and Eliot Streets, to the tracks of the Boston and Providence Railroad Company, in the city of Boston ; thence upon and over such streets, in the city of Boston, as may be designated from time to time, by the mayor and aldermen of said city, with the written consent of said corporation, filed with the city clerk of said city, to the point of begin- ning : provided, however, that said tracks shall not be laid Provisos. in any of the streets of said city without the consent of the said mayor and aldermen being first obtained; and provided also that in carrying out the purposes of this corporation, the route aforesaid may be varied through any streets other than those designated, by and with the consent of the mayor and aldermen of the city of Boston : and provided, also, that all tracks of said railroad shall be laid at such distances from the sidewalks in said city, as said mayor and aldermen shall determine to be for the public safety and convenience. Said mayor and aldermen, before proceeding to locate any Notice to abut- tracks in any street, as aforesaid, shall give notice to the *'"'^' abutters thereon, by publication thereof in one or more newspapers published in said city, fourteen days at least prior to the location of any such tracks. Said corporation Rates of compen- shall have power to fix, from time to time, such rates of ^''"°"' compensation for transporting property thereon, as they may think expedient, and shall have all the powers and privi- Powers and pm- leges, and be subject to all the duties, liabilities and restric- ^''^^"' tions set forth in the sixty-eighth chapter of the General Statutes.
Section 2. Said tracks and road shall be operated and Motire power. used by said corporation with horse-power only. Said mayor Rate of speed and and aldermen shall have power, at all times, to make all ^'"■"'°^''*"' such regulations, as to the rate of speed and mode of use of said tracks, and the form of rail to be used, as the public convenience and safety may require.
Section 3. Said corporation shall maintain and keep in Repairs of streets. repair such portions of the streets, respectively, as shall be occupied by their tracks, and shall be liable for any loss or Liability for loas injury that any person may sustain by reason of any care- °'''°J*"fy- lessness, neglect or misconduct of its agents and servants,
544
1863.— Chapter 241.
Penalty for ob- structing road.
Penalty if corpo- ration obstruct.
Capital.
Real estate.
City of Boston may after ten years purchase franchise.
May determine grade and man- ner of con- Btruction.
in the management, construction or use of said tracks or roads ; and in case any recovery shall be had against said city of Boston, by reason of such defect, want of repair or use, said corporation shall be liable to pay to said city any sums thus recovered against them, together with all costs and reasonable expenditures, incurred by said city in the defence of any such suit or suits in which such recovery shall be had. And such corporation shall not incumber any portion of the streets not occupied by the said road or tracks.
Section 4. If any person shall wilfully or maliciously obstruct said corporation in the use of said road or tracks, or the passing of the cars or carriages of said corporation thereon, such persons, and all who shall be aiding or abet- ting therein, shall be punished by a fine not exceeding five hundred dollars, or may be imprisoned in the common jail for a period not exceeding three months. If said corpora- tion or its agents or servants, shall wilfully and maliciously obstruct any highway, or the passing of any carriages over the same, such corporation shall be punished by a fine not exceeding five hundred dollars.
Section 5. The capital stock of said corporation shall not exceed the sum of three hundred thousand dollars, to be divided into shares of one hundred dollars each ; and no shares shall be issued for a less sum to be actually paid in on each, than the par value of the shares which shall first be issued.
Section 6. Said corporation shall have power to pur- chase and hold such real estate as may be necessary or convenient for the purposes and management of said road.
Section 7. The city of Boston may at any time during the continuance of the charter of said corporation, and after the expiration of ten years from the opening of any part of said road for use, purchase of said corporation all the franchise, property, rights and furniture of said corpora- tion, by paying them therefor such a sum as will reimburse to each person who may then be a stockholder therein, the par value of his stock, together with a net profit of ten per cent, per annum from the time of the transfer of said stock to him, on the books of the corporation, deducting the dividends received by said stockholders thereon.
Section 8. The said road shall be constructed and main- tained in such form and manner and upon such grade, as the said mayor and aldermen may prescribe and direct ; and whenever in the judgment of said railroad corporation, it shall be necessary to alter the grade of any street occupied
1SG3.— Chapter 241. 545
by it, such alteration may be made at the sole expense of said corporation : />rovided, the same shall be assented to by Proviso, said mayor and aldernien.
Section 0. Said corporation may make snch connection company may with the tracks of any of the steam railroads having a st'e.'.mmiiroad.s terminus in Boston, with the consent of the respective j'nBoaton'""""* companies owning the same, and may make or allow to be made, such extension or side tracks from their tracks to and upon any wharves, and to any warehouse, mill, foundry, machine-shop, manufactory, or other industrial establisli- ment or estate, with the consent of the owners thereof, as may be necessary or convenient for the business of the corporation : provided, lioioever, that neither such consent Provisos. or connection, or any thing herein contained, shall authorize the corporation hereby created, to apply to the supreme judicial court, to appoint commissioners under the one hundred and seventeenth and one hundred and eighteenth sections of the sixty-third chapter of the General Statutes, or to use any steam railroad, under the provisions of said chapter; and provided, also, that if the owners of any wharf, shall, at their own expense, construct a track thereon, it shall be the duty of said corporation to connect the same with their road, by means of a switch, and to receive and deliver freight at said switch, and haul the same at their established rates of toll ; and provided, also, that said corpo- ration shall not lay down any tracks south of Kneeland Street, except for the purpose of making convenient connec- tions north of Dover Street, with the track of any existing steam railroad ; and for that purpose only.
Section 10. Said corporation may enter upon, connect May connect with their tracks with, and use any part of any other horse rail- roads upon con- road track, with the written assent of the owners thereof, sent of parties. but not otherwise, and upon such terms as they may mutually agree ; and thereupon may strengthen or improve such track, so as to make it suitable for the transportation of freight; and they may suffer other parties to enter upon and use or operate their road, or any part thereof, for the transportation of freight only, upon such terms as they may mutually agree. Notl)ing in this act contained shall author- ize said corporation to enter upon and use any portion of the tracks of any other horse railroad, without the written assent of the owners thereof, and of the mayor and alder- men of said city of Boston.
Section 11. Nothing in this act shall be construed to Right of city to prevent the authorities of the city of Boston from taking up t^ke up streets. any of the public streets traversed by said railroads, for tiie
546 1863.— Chapters 242, 243.
purposes for which they may now lawfully take up the same.
May discontinue SECTION 12. At any time, after the expiration of one
tracks. ^^^^, from the opening for use of the tracks of said railroad
in any street in which the same may be located, the said mayor and aldermen may determine that said track, or any part thereof, shall be discontinued ; and thereupon the loca- tion shall be deemed to be revoked, and the tracks of said railroad shall forthwith be taken up and removed, in con- formity with such vote or order as said mayor and aldermen
Proviso. may pass thereon : -provided, that such taking up and
removal shall be at the expense of said railroad company.
Company, how SECTION 13. Said corporatiou shall be deemed a railroad
far deemed a rail- ,• n ,■ ^ • i. j_ i ^ i
road corporation, corporatiou, SO lar as to DC suDjcct to make such annual returns to the legislature, as are or may be prescribed by law ; and to all general provisions of law that are or may be prescribed relative to horse or street railroads.
Conditions of va- SECTION 14. This act sliall be void so far as relates to
^° ^'^' the right to construct said road, unless the same shall be
accepted by the city council of the city of Boston, and by
said corporation, and ten per cent, of the capital stock
thereof be paid in, within one year from its passage.
Section 15. This act sliall take effect upon its passage.
Approved April 29, 1863.
Chap. 242 -^^ -^^'^ concerning usury.
Be it enacted, Sfc, asfolloics:
Usury not a de- Usury bctweeu the payee and the maker of a promissory
c*ertein°p^romrss°o'^ uotc, payable ou time, shall not be a defence to an action
ry notes. thcrcou, brought by the indorsee to whom the same was
indorsed before maturity, for value and without notice,
express or implied, of the usury. Approved April 29, 1863.
Chat). 243 ^^ -^^^ ^'^ addition to an act concerning the militia.
Be it enacted, §'c., as follows :
Governor may SECTION 1. The govcmor, with tlic advice and consent of
arfd equip. '^'^'^ the council, is authorized to organize, arm and equip, under
such regulations as he may prescribe, so many of the enrolled
militia as may be necessary for the common defence.
Cavalry, infantry SECTION 2. The militia SO Organized shall consist of at
and artillery, or-i, • i. c ix • j. c ^ ^ j.
ganization pre- Icast ouc rcgimeut 01 cavaliy, to consist oi twelve troops or companies ; one regiment of artillery of not more than twelve batteries, and eight regiments of infantry of ten companies each, which shall be officered in the manner prescribed by the laws of the United States, and of this State, concerning
scribed.
1863.— Cii.\rTEii 2U. 547
the militia. The governor shall divide the militia into divisions and brigades.
Section 3. The governor may appoint one major-general, Major-generai, to command the militia thus organized, who shall hold his appointprotem. office until the next session of the legislature, when a major- general shall be chosen in accordance with the provisions of the constitution.
Section -1. The general, staff, field and company officers, officers, how and the non-commissioned officers of the militia thus organ- edTnd' commu- izod, shall be chosen, appointed and commissioned agreeably ^^^°^^- to existing laws ; but the habitual use of intoxicating liquors as a beverage shall disqualify any person from holding a commission under this act ; and no commission shall issue Qualifications. to an officer elected or appointed, unless he is qualified by education and ability to- discharge the duties of his office : and the commander-in-chief may appoint a military board to Governor may
. ^ ,, . ,.^ ' '. 1 ™ . •' r« 11 appoint board
examme into tlie capacity, qualihcations and efficiency oi all oi examiners. persons claiming or holding a commission in the militia under the rank of a major-general, and if the report of the board is unfavorable to the officer, his commission shall be vacated or withheld, as the case may be.
Section 5. Uniforms, arms and equipments shall be pro- uniforms, arms vided for the militia thus organized, in general conformity ° eqmpmen s. with those furnished to similar troops in tlie service of the United States. And the governor may, in his discretion, arm a portion of the infantry with rifles.
Section 6. The pay of the militia so enrolled shall be the Pay and aiiow- same as now provided by law, except that officers and non- commissioned officers serving on foot, and privates, shall be allowed for their personal service wben called out for dis- cipline, one dollar each per day, and one ration, valued at thirty cents.
Section 7. The commander-in-chief may call out the P^'f ipiine and
, . . •' instruction, gov-
militia mentioned in this act for discipline and military emor may di- instruction, at such times and places as may be expedient •and necessary ; and may issue all such orders as are neces- sary to carry this act into effijct.
Section 8. This act shall take effect upon its passage.
Approved April 29, 1863.
An Act in relation to banks surrendering their charters UPON becoming banking associations under the laws of the united states.
Be it enacted., §t., as folloivs :
Section 1. Any bank incorporated or organized by Action under authority of this Commonwealth, whicli shall become an ^urrenXr^^oT*^ association for carrying on the business of banking under the '='''''^'«'"-
Chap. 244
548 1863.— Chapter 244.
laws of the United States, shall be deemed to have sur- rendered its charter, if it shall have complied with the
Proviso. requirements of this act: provided, th?it every such bank
shall nevertheless be continued a body corporate for the terra of three years after the time of such surrender, for the pur- pose of prosecuting and defending suits by and against it, and of enabling it to close its concerns, and to dispose of and convey its property, but not for the purpose of continuing under the laws of this Commonwealth the business for which it was established.
Cashier shall Sectioin 2. Whcu a bank, at a meeting of the stockhold-
publish notice, ' ..",.,.
and notify stock- crs, lias votcd to bccomc such association, and its directors have procured the authority of the owners of two-thirds of the capital stock to make tlie certificate required therefor by the laws of the United States, the cashier shall publish notice thereof, for thirty days, in such newspapers as the bank commissioners may direct, and send like printed notice by mail to each stockholder.
Bank coinmis- SECTION 3. The bank commissioners shall determine and
sioners to deter- ._ it i if- i i p
mine value of Certify to tlic directors, wliat was the lair market value ot shares. ^j^^ sliarcs of such bank at the time of paying the last divi-
stockhoiders.iur- dciid ; and if within said thirty-days, any stockliolder who
rendering shares , .•• ^ • • • i .i-, . • r- • •••
to receive value, has not jouied HI giviiig sucli authority, notiiies, in writing, the president or cashier, of his desire to surrender his stock upon receiving tlie value thereof as so determined, such bank shall, within thirty days thereafter, pay such stock- holder for his shares, according to said valuation, with interest from the time of paying said dividend, upon his surrendering his shares.
Capital to he re- SECTION 4. Thc Capital stock of such bank shall be
duced on surren- t i i n t i /• i i
der of share. rcduccd to the cxtcut 01 the par value 01 the shares so sur- rendered, and may be further reduced to any amount fixed by authority of the owners of two-thirds of the capital stock, by purchase and cancellation of shares, by reducing the par value of each share, or by both methods as the directors may determine. lo^f,' how 7is. Section 5. The plates and dies of such bank shall be posed. disposed of according to the provisions of section one hun-
dred and eight of chapter fifty-seven of the General Statutes, in like manner as those of banks wliose charters expire or are forfeited ; and all printed bills of the bank, not in actual circulation, whether signed or unsigned, shall be destroyed. S Je°curUy"for SECTION 6. Such bank shall give security for the full and redemption re- prompt redemption, on demand, of all the bills of the bank "^"'"^^ ' issued before becoming such association, either by furnish-
18G;3.— Chapter 245. 549
inpr to the Commonwcaltli a sufficient hoiid, or by depositing stocks or other securities with the auditor, or by both, to the satisfaction and approval of the bank commissioners. The bond and securities, with the approval, and by permission of the bank commissioners, may be changed or reduced, from time to time, as tlie bills of the bank are redeemed and destroyed, and evidence thereof furnished to said com- missioners.
Section T. The bank tax imposed by the laws of this state tax. Commonwealth, shall be paid by such bank up to the date of its becoming such association, in proportion to the time since the next preceding payment thereof.
"Section 8. Wlien a bank furnishes to the bank commis- commissioners to sioners satisfactory evidence, by the oath of its officers, by has^'^^mpM"^ exhibition of its books, or otherwise, that all the require- '^''^"^"'''t'
' 1 1 • 1 • 1 tuents of act.
ments of this act have been complied with in relation to such bank, and that it has become a banking association under the laws of the United States, the commissioners shall certify the facts to the governor and council, who shall GoTsmor to cause notice thereof to be published in some newspaper in caUon.^" Boston, and the charter of tlie bank shall thereupon be deemed to be surrendered, subject to the provisions of the first section of this act.
Section 9. Nothing in this act shall be construed as Act. how con- releasing such association from its obligation to pay and dis- ^"^'^®'^- charge all the liabilities incurred by the bank before becoming such association.
Section 10. This act shall take effect upon its passage.
Approved April 29, 1803. An Act concekning probate courts in the county of Chav. 245
PLYMOUTH. -^
Be it enacted, &'c., as follows:
Section 1. Probate courts within and for the county of Time and places Plymouth shall be held in each year at the times, and within °^ '^°^'^'°s- the towns hereinafter mentioned, viz. : at Plymouth on the second ^londay of every month, except July and August; at Wareham on the fourth Monday of October; at Kast Bridge- water on the fourth Mondays of February and December; at Ilingham on the fourth Monday of March ; at Middle- borough on the fourtii Mondays of April and January and second Monday of July; at Abington on the fourth Mondays of May, August and November; at South Scituate on the fourtli Monday of June; at Bridgewater on the fourtli Monday of September.
Section 2. So much of the one hundred and seventeenth Repeat. chapter of the General Statutes, as requires probate courts
32
550
1863.— Chapters 246, 247.
Act, when in force.
Chap. 246
Act of 1862, con- struction defiued
to be holden in the county of Plymouth otherwise than is provided in tliis act, is hereby repealed.
Section 3. This act shall take effect on the first day of July next ; and all citations which have been ordered to be returned to any probate court in the county of Plymouth subsequent to said date, shall be returned to the probate court at Middleborough on the second Monday of said July, and the like proceedings may be had in respect to such citations as if they had been returned as originally ordered.
Approved April 29, 1863.
An Act in addition to an act to define and regulate th^ enforcement of the liabilities of officers and stock- holders of manufacturing corporations.
Be it enacted, ^c, as follows :
Section 1. Chapter two hundred and eighteen of the acts of the year eighteen hundred and sixty-two, shall not be construed to release any manufacturing corporation organized under chapter sixty-one of the General Statutes, or the officers of any such corporation from their obligation to file the certificates and publish the notices required by said chapter sixty-one of the General Statutes.
Section 2. If the officers of any corporation organized under the provisions of chapter sixty-one of the General Statutes neglect or refuse to perform the duties required by chapter two hundred and ten of the acts of the year eighteen hundred and sixty-two, they shall be jointly and severally liable for all debts of the corporation contracted during the continuance of such violation, refusal or neglect.
Approved April 29, 1863.
Chap. 247 An Act requiring corporations to make returns to the
ASSESSORS OF CITIES AND TOWNS.
Be it enacted, Sfc, asfullows:
Section 1. In addition to the returns required by sections twenty and twenty-one, chapter sixty-eight of the General Statutes, to be made to assessors of cities and towns, banks, insurance companies, corporations mentioned in chapters sixty and sixty-one of the General Statutes, railroad, bridge, turnpike, canal and aqueduct corporations shall annually, between the first and tenth days of May, return by mail or otherwise to the assessors of every city and town in the Commonwealth, a complete list of their shareholders, with their place of residence, the number of shares belonging to each on the first day of May, and the par and cash market value of such shares ; and shall also state the whole amount of the capital stock of the corporation, and the amount at
Liability for neg- lect of duties.
Corporations to furnisli an- nually in May list of stock- holders, with shares, capi- tal and value.
1863.— Chapters 248, 249. 551
the value at which it was last assessed, of its real estate sub- ject to assessment on the first day of May, and of machinery as last assessed to it in the city or town where its place of business is situated. The returns for tiie present year may be made on or before the twentieth day of May.
Section 2. This act shall take efifect upon its passage.
Approved April 29, 1863.
Ax Act relating to the punishment of certain frauds. Chap. 248 Be it enacted, ^'c, as follows :
Section 1. The offence described in the fifty-fourth sec- Prosecution may
tion of chapter one hundred and sixty-one of the General ty "r offence or
Statutes, may be alleged iu the indictment, and may be t'^^'^P"'^*-
prosecuted and punished, in any county in which the false
pretence, or the privy or false token was made, written or
used, or in or through which any of the property obtained
is carried, sent, transported or received by the party charged.
Section 2. Whoever, under false color and pretence of f«°aHyforob- , . J J 1- • xl J- staining goods
carrying on business, and dealing in the ordinary course oi with intent to trade, obtains from any person goods or chattels, with intent to defraud, shall be punished by imprisonment in the state prison, not exceeding five years, or by fine not exceeding five hundred dollars and imprisonment in the jail not more than two years.
Section 3. Whoever buys, receives or aids in the con- Pen'ityforknow-
1 P 1 111 • 1 ^ M '"g'y receiving
cealment oi goods or chattels, knowing the same to na;9e goods faiseiy ob- been obtained from any person under false color and pretence ^''^^^• of carrying on business, and dealing in the ordinary course of trade, with intent to defraud, shall be punished by impris- onment in the state prison not exceeding five years, or by fine not exceeding five hundred dollars and imprisonment in the jail not exceeding two years. Approved April 29, 1863.
An Act concerning fire insurance companies. Chap. 249
Be it enacted, ^-c, as follows :
Section 1. Tlie charters of all fire insurance companies, suspension of which, either by the vote of their members, the neglect of jeai'tovoid'cha"- their officers, or in obedience to injunctions from the supreme *"' judicial court, have ceased, or shall hereafter cease, for the period of one year, to transact the business for which they were established, shall become extinct in all respects as if they had expired Ijy their own limitation.
Section 2. The supreme judicial court shall have s. j. c. may de- authority, upon the application of the insurance commis- tiemenTofsSalrs' sioners, or any person interested, to fix, by decree, the time
552 1863.— CHArxER 249.
within which such company shall settle and close their concerns. Applications to SECTION 3. When an application is made to the supreme actof i862"to be judicial court, under the provisions of chapter one hundred referred an auoi- ^^-^^ eightj-onc, of the acts of the year eighteen hundred and sixty-two, the same shall be referred to an auditor, who shall appoint a time and place to hear all parties interested iii the assessment or call, and shall give personal notice thereof, in writing, to the insurance commissioners, and through the post office, so far as he may be able, to all persons liable Auditor to hear upou Said asscssmcut or call. And said auditor shall hear and report. ^|^g parties, and report upon the correctness of said assess- judge may de- mcut Or Call, and all matters connected therewith. And if sessment'"^ ^^' it sliall appear to the presiding judge of the court before which such application is pending, that the net proceeds of any assessment or call will not be sufficient to furnish sub- stantial relief to those having claims against the company, said judge may decree that no assessment shall be collected; May stay coiiec- and whcu, upou the application of the insurance commis- sioners, or any person interested, said judge shall be of opinion that further attempts to collect any assessment then partially collected will not benefit those having claims against the company, he may stay the further collection of said assessment. Cash premiums SECTION 4. Wheucvcr the directors of any mutual fire
on unexpired . r> i i • /^ t i i
risks exceeding insurancc company find that its funds, other than premium may^niakrcer- uotcs, arc uot cqual to thc cash premium on the unexpired tain assessments, ^gp^^ ^f ^j^g existing risks, and that the company is in dan- ger of becoming insolvent, instead of the assessment or call now provided by law, they may make two assessments, the first determining what each policy-holder must equitably pay or receive in case of withdrawal from the company and having his policy cancelled, the second what further sum each must pay in order to re-insure the unexpired term of his policy at the same rate as the whole was insui'cd at first; and each policy-holder shall pay or receive according to the first assessment, and his policy shall then be cancelled unless he prefers to pay the further sum determined by the second assessment, in which case his policy shall continue in force : ProTiso provided, that in neither case shall any policy-holder receive
or have credited to him more than he would have received on having his policy cancelled by vote of the directors, under dent?'^compaS ^^^^ l^J-laws of thc compauy. If, within two months after the shaii'cease to is- asscssmcuts liave been collectable, the amount of the policies suepoicies. whose holdcrs have settled for both assessments shall not equal the amount required by the charter of the company
1803.— Chapter 250. 553
for the commencement of business, and in no case less than two luindiod and fifty thousand dollars, the company shall cease to issue policies ; and all policies whose holders have not settled for both assessments shall then be void, and the company shall continue only for the purpose of adjusting the deficiency or excess of {)rcmiums among the members and settling outstanding claims.
Section 5. The provisions of chapter one hundred and Acts of i862 and eighty-one of the acts of the year eighteen hundred and how'to^pr/f'"' sixty-two, and of the second and third sections of this act, shall apply to the assessments described in the preceding section ; and the court may make such orders and decrees in the premises as under all the circumstances justice and equity may require.
Section 6. The term "liabilities" in the fifty-first section "Liabilities," of the fifty-eighth chapter of the General Statutes shall '«™<i«fi°«d. include a sum sufficient to re-insure all outstanding risks.
Section 7. Whenever, after setting aside a sum equal cash assets not
. ., . p j.\ • ] . • .• • 1 exceeding three-
to the premiums tor the unexpired term on existing risks, fourths of capi- tlie cash assets of any fire insurance company with a specific assessanrrepair*! capital do not amount to more than three-fourths of its original capital, the company shall, by assessing the stock for the difference, repair its capital to the original amount.
Section 8. Shares on which such assessment is not paid Non-payment of within sixty days after demand upon the owner thereof shall feilfshares. be forfeitable and subject to be cancelled by a vote of the directors, and new shares may be issued to make up the deficiency.
Section 9. Any insurance company, with a specific cap- Proceedings in ital, which does not, within three months after receiving trresfore*capi- notice from the insurance commissioners that its capital is ''^^• legally subject to repair as aforesaid, satisfy them that it has been fully restored to its original amount, with the reserve of premium aforesaid against existing risks, shall be pro- ceeded against according to section six of chapter fifty-eight of the General Statutes.
Section 10. No foreign fire insurance company with Foreign compa- specific capital shall be permitted to do business in this uuder^seTt^n^ Commonwealth iinless it complies with the provisions of ^'''""^' section seven of this act. Approved April 29, 1863.
Chap. 250
Ax Act making appropriations to mekt certain expenditures ALTiioiuzEi) the present year, and for other purposes.
Be it enacted, cVc, as follows:
Section 1. The sums hereinafter mentioned are appro- Appropriations
priated, and shall be allowed and paid out of the treasury ""' """" "
554
1863.— Chapter 250.
Charlotte E. Myers.
District of Marshpee.
Clerk committee on finance.
Charles Ballard.
Committee on ag- ricultural college
Eye and ear in- firmary.
Marshpee schools State library.
North Brookfield. Jemima Easton.
Augustine J. Drake.
Normal school, Westfield.
Suppression of counterfeitiDg.
Bennett and
Heard's Digest.
of this Commonwealth, from the ordinary revenue, except in cases otherwise ordered, for the purposes specified in certain acts and resolves of the present year, herein cited, and for other purposes, to wit :
In the resolve, chapter two, in favor of the guardian of the Punkapog tribe of Indians, for the benefit of Charlotte E. Meyers, the sum of fifty-two dollars.
In the resolve, chapter three, in favor of the district of Marshpee, a sum not exceeding seventy-five dollars and thirty-one cents.
In the resolve, chapter five, authorizing the committee on finance to employ a clerk, a sum not exceeding seventy-fivQ dollars ; bills to be approved by the chairman of the committee on finance.
In the resolve, chapter six, in favor of Charles Ballard, the sum of one hundred and forty-five dollars and fifty-six cents.
In the resolve, chapter seven, authorizing certain expen- ditures by the committee on agricultural college, a sum not exceeding three hundred dollars.
In the resolve, chapter nine, in favor of the Massachu- setts charitable eye and ear infirmary, fifteen hundred dollars.
In the resolve, chapter ten, in favor of the Marshpee schools, the sum of seventy-five dollars, to be paid from the income of the school fund.
In the resolve, chapter twelve, to provide additional accommodations for the state library, a sum not exceeding four hundred dollars.
In the resolve, chapter fourteen, in favor of the town of North Brookfield, a sum not exceeding four hundred dollars.
In the resolve, chapter sixteen, in favor of Jemima Easton, the sum of fifty dollars.
In the resolve, chapter twenty-two, in favor of Augustine J. Drake, the sum of nine hundred and sixteen dollars and sixty-four cents.
In the resolve, chapter twenty-three, in favor of the state normal school, at Westfield, the sum of five hundred dollars.
In the resolve, chapter twenty-five, for the suppression of counterfeiting bank bills and coin, the sum of fifteen hun- dred dollars.
In the resolve, chapter twenty-eight, authorizing the pur- chase and distribution of Bennett and Heard's Massachu- setts Digest, a sum not exceeding twenty-eight hundred dollars.
1863.— Chapter 250. 555
111 tlie resolve, chapter thirty-four, in favor of the Chap- chappequiddic pequiddic and Chnstiantown Indians, the sum oi one towuiudians. hundred and four dollars.
In the resolve, chapter thirty-five, in favor of Nelly Joseph, Neiiy Joseph. the sum of fifty dollars, (or as much of the same as may be necessary.)
In the resolve, chapter thirty-six, in relation to the state state prison. prison, the sum of two thousand eight hundred sixty-six dollars and ninety-four cents.
In the resolve, chapter thirty-eight, in favor of the state Almshouse, almshouse at Bridgewater, the sum of twenty-five hundred dollars.
In the resolve, chapter thirty-nine, in favor of John Heck- Johnnecktor. tor, a sum not exceeding fifty dollars.
In the resolve, cliapter forty-four, in favor of Rhoda M. Rhoda m. Tayior Taylor, the sum of fifty dollars.
In the resolve, chapter forty-seven, in favor of Increase increase n. Em- N. Emerton, the sura of fifty dollars.
In the resolve, chapter forty-eight, in favor of Henry E. nenry e. mcCoi- McCoUum, the sum of two hundred dollars.
In the resolve, chapter forty-nine, in favor of William H. w.ir.Luce.D.A. Luce and Daniel A. Cleaveland, the sum of seventy-five dollars.
In the resolve, chapter fifty-three, to provide for repairs powder-house, on the powder-house on Captain's Island, in Cambridge, a <^^P'ain's island. sum not exceeding three hundred and fifty dollars, in addi- tion to the appropriation of last year, in resolve chapter forty-six.
In the resolve, chapter fifty-seven, in favor of the "Wash- washingtonian ingtonian Home, the sum of four thousand dollars.
In the resolve, chapter sixty, in favor of the Troy, Dudley Troy, Dudley, & and Marshpee Indians, the sum of seventeen hundred and Marshpeeindi'ns fifty dollars.
In the resolve, chapter sixty-one, in favor of the town of Grafton. Grafton, the sum of four hundred dollars.
In the resolve, chapter sixty-two, in favor of Caroline E. ^ug""°* ^" ^^' Hastings, the sum of fifty dollars.
In the resolve, chapter sixty-four, to provide for preparing catalogues, mu-
1 iTi- i.1 n.i e ^ '^ .. ° seum zoology.
and publishing catalogues of the museum oi comparative zoology, the sum of ten thousand dollars.
In the resolve, chapter sixty-five, in aid of the Perkins' Asyium for the institution and Massachusetts asylum for the blind, the sum of three thousand dollars, in addition to the sum heretofore appropriated.
In the resolve, chapter seventy-one, in favor of Amherst Amherst college, college, the sum of twenty-five hundred dollars.
556
1863.— Chapter 250.
Cattle commis- sioners, expenses
Committee on charitable insti- tutions.
Reform school.
Chaplains, door- keepers and mes- sengers.
Census abstract.
Assessors' books.
Insurance com- missioners, print- ing, &c.
Militia rolls.
Printing scrip for bounty fund.
Stationery, house of representatives
Reimburi=ement to cities & towns.
Printing & bind- ing, legislature.
Printing public documents.
Ill the resolve, chapter eighty-four, for the payment of certain expenses incurred under tlie provisions of an act concerning cattle commissioners, a sum not exceeding one thousand dollars.
In the resolve, chapter eighty-three, in relation to expenses of the committee on public charitable institutions, the sum of one hundred and sixty-five dollars and five cents.
In the resolve, chapter eighty-six, in favor of the state reform school at Westborough, the sura of twelve hundred and seventy-three dollars and eight cents, being balance of appropriation for the past year.
In the resolve, chapter eighty-seven, to provide additional compensation to the chaplains, door-keepers, messengers and pages of the legislature, a sum not exceeding eight hundred dollars.
For completing and printing census abstract, under resolve of the year eighteen hundred and sixty, chapter thirteen, and for binding and indexing the original returns, a sum not exceeding fifteen hundred dollars.
For assessors' books, in addition, the sum of six hundred and fifty dollars.
For printing and incidental expenses of the board of insurance commissioners, a sum not exceeding six hundred dollars.
For arranging and preserving the rolls of Massachusetts soldiers, a sum not exceeding one hundred and fifty dollars.
For plates, paper, printing, &c., in preparation of the scrip for the bounty fund, a sum not exceeding one thousand dollars.
For stationery for the house of representatives, purcliased by the clerk of the house, two hundred dollars, in addition to a former appropriation.
For the reimbursement of money to cities and towns, agreeably to the provisions of chapter sixty-six and chapter one hundred sixty -six of tlie acts of the year eighteen hun- dred and sixty-two, and chapter seventy-nine, of the acts of the year eighteen hundred sixty-three, a sum not exceeding one million nine hundred thousand dollars ; the same to be payable on the first day of December, eighteen hundred and sixty-three.
For printing and binding for the senate and house of rep- resentatives, ia addition to former appropriations, the sum of eight thousand dollars.
For printing public documents, for the year eighteen hundred and sixty-two, the sum of five thousand dollars.
18G3.— CuArxER 250. 557
For the arrest of fugitives from iustice, in addition to Arrest of fugi-
lives.
former appropriation, the sum of five hundred dollars.
For expenses incurred by authority of the cattle commis- Expenses cattle sioners, durmg the year eighteen hundred and sixty-two, the sum of five hundred dollars, in addition to the sum heretofore apjiropriatcd.
For the salary of the adjutant-general, in addition to for- Adjutant-gener- mer appropriations, the sum of two hundred dollars. a,sa,ary.
For expenses of the Charles River and Warren bridges. Expenses oharies
^ o ' River & Warren
for the year one thousand eight hundred and sixty-two, to bridges, wit : for repairs, the sum of five hundred twenty-one dollars and ninety cents ; and for gas, oil and fluid, the sum of one hundred fifty-five dollars and thirty-one cents ; the same to be paid out of the income of the Charles River and Warren bridges fund.
For clerical assistance employed by the board of insurance insurance com-
, , , ' , . . n -I . missioners, cleri-
commissioners, agreeably to the provisions oi chapter one cai assistance. hundred and seventy-eight of the acts of the year eighteen hundred and sixty, in the valuation of life insurance poli- cies, a sum not exceeding one thousand nine hundred and ninety-two dollars and eighty-four cents.
For the contingent expenses of the sergeant-at-arms, a sergeant-at-arma
T IT TTii .IT' expenses.
sum not exceeding one hundred dollars, in addition.
For the contingent expenses of the insurance commis- j^j^g^j^j^J^^^j,® ''"^I sioners, a sum not exceeding five hundred dollars. tiogent.
In the resolve, chapter fifteen, for the relief of certain Agricultural so- agricultural societies, the sum of thirty-six hundred dollars. The trustees of the state reform school at Westborough are hereby allowed to use any part of the unexpended balance of the appropriation for reconstruction, at the special session of the year eighteen hundred and fifty-nine, not exceeding one thousand dollars, for the purpose of building a hospital.
Section 2. This act shall take effect upon its passage.
Approved April 29, 1863. 33
RESOLVES,
GENERAL AXD SPECIAL
Resolve PRESEXTIXG THE THANKS OF THE LEGISLATURE TO MAJOR- ChoV. 1. GENERAL BUTLER.
Resolved, That the thanks of the senate and liouse of representatives are hereby tendered to Major-General Benja- min F. Butler, for the energy, ability and success character- izing his late administration and command of the department of the Gulf. Approved January 20, J.863.
Resolve in favor of the guardian of the punkapog tribe of Chctp. 2.
INDIANS, FOR THE BENEFIT OF CHARLOTTE E. MYERS.
Resolved, For the reasons set forth in the petition of chariowe e. Charlotte E. Myers, a member of the Punkapog tribe of ^'"'^' ""°'" Indians, that there be allowed and paid out of the treasury of the Commonwealth, to the guardian of said tribe, the sum of fifty-two dollars, for the benefit of said Charlotte E. Myers. Approved February 5, 1863.
Resolve in favor of the district of marshpee. CllflJ). 3.
Resolved, That there be allowed and paid from the support of cer- treasury of the Commonwealtli to the treasurer of the Dis- $75.31.^^"'^^'"' trict of Marshpee, for the benefit of said district, the sum of seventy-five dollars and thirty-one cents, it being in full for money expended by said district for the support of cer- tain paupers named in the petition of the selectmen and overseers of the poor of said district, for the year ending the thirty-first day of December, eighteen hundred and sixty-two, in addition to the sura appropriated for that purpose by the twentieth chapter of the resolves of the year eighteen hundred and sixty-two. Approved February 7, 1863.
Resolves in relation to the boundary line between the Chap. 4.
TOWNS OF UXBRIDGE AND DOUGLAS. -* *
Resolved, That the governor, by and witli the advice and Governor to ap- consent of the council, be and he is hereby authorized to " "'
point commis- sioners.
560
1863.— Chapters 5, 6, 7, 8.
Report.
Expenses, how paid.
Chap. 5.
Clerical assist- ance to commit- tees, $75.
appoint three commissioners, whose duty it sliall be, after due notice to all parties interested and hearing the same, to ascertain as nearly as may be the true boundary line between the towns of Uxbridge and Douglas, in the county of Worcester, and report the same to the next general court. Resolved, That the necessary expenses incurred by said commissioners for personal service, or otherwise, shall be paid equally by said towns of Uxbridge and Douglas.
Approved February 13, 1863.
E.ESOLVE AUTHORIZING THE COMMITTEE ON FINANCE TO EMPLOY A CLERK FOR CERTAIN PURPOSES.
Resolved, That there be allowed and paid out of the treasury of the Commonwealth, a sum not exceeding seventy-five dollars, for such clerical assistance in copying the appropriation and tax bills, as the committee on finance may find necessary during the present session of the legisla- ture ; and that said committee be authorized to employ any clerk now in the service of the Commonwealth ; provided he can do their work without encroaching upon his regular office hours. Approved February 13, 1863.
Resolve in favor of charles ballard. Resolved, That there be allowed and paid from the treasury of the Commonwealth, to Charles Ballard, for his services as quartermaster of the fifty-fourth regiment of Massachusetts Volunteers, the sum of one hundred and forty-five dollars and fifty-six cents.
Approved February 14, 1863.
Resolve authorizing certain expenditures by the committee
ON AN agricultural COLLEGE.
Resolved, That the joint special committee to whom was referred so much of the governor's address as relates to an agricultural college, the society of natural history and the institute of technology, have authority to invite conference with parties interested, or who may impart valuable infor- mation, and also may visit any localities or institutions, and incur other needful expenditures to an amount not exceeding
three hundred dollars. Approved February 17, 1863.
Chap. 8. Resolve in relation to the state almshouse at monson.
Inspectors may Rcsolved, That tlic iuspcctors of the state almshouse at ori862°^for"re'^ Mousou, be autliorizcd to use the unexpended appropriation pa^rs. of last year, amounting to six hundred and seventy-seven
dollars and twenty-five cents, for the purpose of relaying the floors, and making other necessary repairs. '
Approved February 19, 1863.
Chap. 6.
Services as quar- termaster, $145. 56.
Chap. 7.
Committee au- thorized to con- fer with certain parties and In- cur expenses not exceeding $300.
18G3.— CiiAPTERs 9, 10, 11. 561
Resolve in favor of the Massachusetts charitable eye and (^/^^ij 9
EAR INKIKMARY. I ' ' '
Reso/rt'd. Tluit tlic sum of fifteen Imiidi-ed dollars be Allowance of
SI 500
allowed and paid from the treasury of the Coininonwcalth
to the Massaehusetts Charital)le Eye and Ear Infirmary, to
be expended during the current year, under the direction
of the trustees, for the charitable purposes of said infirmary:
and the said trustees shall report to the legislature during Trustees to re-
the month of January next, a detailed account of the ture. '^'^^'^" '
manner in which this appropriation has been expended.
Approved Fehruary 19, 18G3.
Resolve ix favor of the marsiipee schools. Chap. 10.
Resolved, That the sum of seventy-five dollars be allowed Allowance for and paid from the income of the school fund the present year, to the treasurer of the district of Marshpee, for the support of the schools in that district; the same being in addition to the sums now allowed for the support of said schools, and also on the condition that tlie inhabitants of i°habUantg to
, T-.iiii • 1 If expend addi-
tliat district shall also appropriate and expend lor the use tiouai. of said schools, during the present year, twenty-five dollars in addition to the sum now annually paid by them for that purpose. Approved Februanj 19, 1803.
Resolves coxoerxlng THE amendment TO the CONSTITUTION. Chap. 11. Resolved, That the following article of amendment of the Article to be sub-
.. ^. , . , J . 1 .1 1 i. J i. "iittedtothepeo-
constitution, having been agreed to by the last and present pie. general courts, and published in the manner required by the constitution, be submitted to the people for their ratifi- cation and adoption :
ARTICLE OF AMENDMENT.
The twenty-third article of the articles of amendment of Twenty-third the constitution of this Commonwealth which is as follows, to utin"Kt'o suffrage j wit : " No person of foreign birth shall be entitled to vote, or ''""""^'i- shall be eligible to office, unless he shall have resided within the jurisdiction of the United States for two years sul)se- quent to his naturalization, and shall l)e otherwise qualified, according to tlie constitution and laws of this Common- wealth : provided, that this amendment shall not affect the rights which any person of foreign birth possessed at the time of the adoption thereof; and provided, further, that it shall not atfect the rights of any child of a citizen of the United States, born during the temporary absence of the parent therefrom," is hereby wholly annulled.
562
1863.— Chapter 11.
Proceedings.
Meetings of legal ResoIved, That the people shall be assembled for the
voters to approve p -j-i.!- i.- -i- ij.
or reject. purpose aioresaid, 111 their respective cities and towns, in
meetings to be legally warned, and held on Monday, the sixth day of April next, at which meetings all the inhabi- tants qualified to vote for senators and representatives in the general court, may give in their votes, by ballot, for or against said article of amendment ; and the same officers shall preside in the said meetings as in the meetings for tlie choice of senators and representatives, and shall in open meeting receive, sort, count and declare the votes of the inhabitants, for and against the same ; and the said votes shall be recorded by the clerks of said cities and towns, and true returns thereof sliall be made out under the hands of the mayor and aldermen of the several cities, and of the selectmen, or a major part of them, and of the clerks of the said cities and towns, respectively, and sealed up and delivered to the sheriff of. the county within three days after the said meetings, to be by him transmitted to the office of the secretary of the Commonwealth within seven days after receiving the same ; or the said mayors and aldermen, and selectmen, respectively, shall themselves transmit the same to the said office within ten days after the said meetings : provided^ that in the several cities, the meetings held under this resolve shall be conducted according to the provisions of the acts establishing tlie same, and of the several acts in addition thereto. The said meetings shall be deemed to be legally warned, if due notice thereof be given on or before the thirtieth day of March next previous thereto.
Resolved^ That every person qualified to vote as aforesaid, may express his opinion on said article of amendment, with- out expressing in his ballot the contents of said article ; but the form of said ballot shall be as follows : " Amendment to the Constitution, Yes," or " No." And if said article shall appear to be approved by a majority of the persons voting thereon, it shall be deemed and taken to be ratified and adopted by the people.
Resolved^ That his excellency the governor and the coun- cil shall forthwith open and examine the votes returned as aforesaid ; and if it shall appear that said article of amend- be^Mrolilfa^tna ^^^ut has been approved by a majority of the persons voting pubushed. thereon, according to the votes returned and certified as aforesaid, the same shall be enrolled on parchment, and deposited in the secretary's office, as a part of the constitu- tion of this Commonwealth, and shall be published in imme- diate connection therewith, numbered according to its numerical position, with the articles of amendment of the
Meetings, how legally warned.
Form of ballot.
GoTernor and council to ex- amine votes..
Amendment
1863.— Chapters 12, 13. 563
constitution heretofore adopted, in all future editions of the laws of this Commonwealth, printed by public authority.
Resolved, That his excellency the governor be, and he oovomor to issue hereby is, authorized and requested to issue his proclamation p'"*''-'"""'"''"- forthwith, after the examination of the votes returned as aforesaid, reciting said article of amendment, and announc- ing that said article has been duly adopted and ratified by the people of this Commonwealth, and has become a part of the constitution thereof, and requiring all magistrates and officers, and all citizens of the said Commonwealth, to take notice thereof, and govern themselves accordingly ; or that the said article of amendment has been rejected, as the case may be.
Resolved, That a printed copy of these resolves, including ResoiTes, with the said article of amendment, and blank forms of the tobetransmit- returns of votes on said article, shall be transmitted, as soon ^^'^ *° 'o'^^^- as may be, by the secretary of the Commonwealth to the mayors and aldermen of the several cities, and the select- men of the several towns of this Commonwealth.
Approved February 20, 1863.
^ Chaj). 12.
Resolves to provide additional accommodations for state library.
Resolved, That the librarian of the state library be Librananmay authorized to use the room on the west end of the state rooms. """"^""^ library for the better accommodation of the books of said library : provided, said room be so used without interfering Proviso. ■with its use as a committee room, and as a private room of the librarian.
Resolved, That the librarian and trustees of the state Additional cases library be authorized to cause suitable cases with shelves thoriL^d.^"^^^ ''''' to be placed in the room adjoining the state library, and also to provide additional shelves in the second gallery of Appropriation. the library ; and that a sum not exceeding four hundred dollars be appropriated to defray the expense thereof.
Approved February 21, 1863.
Resolve authorizing the finishing and furnishing an addi- Qfid/n^ \^^
TIOXAL ROOM IN THE STATE HOUSE. ^'
Resolved, That the sergeant-at-arms is hereby author- Room provided ized to finish off and furnish a room for the attorney-gen- general'^ °'^°^^' oral in the long room now occupied by the clerks of the secretary of the Commonwealth ; and that a sum not Appropriatioa exceeding three hundred dollars be, and the same is hereby appropriated therefor. Approved February 21, 1863.
564
1863.— Chapters U, 15, 16, 17.
Secretary to fur- nish towns with Reports, Revised and General Stat- utes, State Map, &c.
Chap. 14. Resolve in favor of the town of north brookfield.
Resolved, For reasons set forth in the petition of the selectmen of the town of North Brookfield, that the secre- tary of the Commonwealth is hereby authorized and directed to furnish to the clerk of said town, complete sets of the Massachusetts Reports, Pickering's Reports, Metcalf's Re- ports, Cushing's Reports, Gray's Reports, and Allen's Reports ; one copy each of the Revised Statutes and Gen- eral Statutes, and a State Map ; also copies of such general and special laws of the Commonwealth, and of all such books and documents in his office, as may heretofore have been furnished by the Commonwealth to clerks of towns : and the secretary is authorized to purchase such of the reports and statutes aforesaid as may be necessary to carry into effect this resolve : also, that the treasurer of the Com- monwealth is hereby authorized and directed to furnish the treasurer of said town with a complete set of standard weights, measures and balances, such as the treasurer of each town is by law required to keep for the use of its inhabitants. Approved February 21, 1863.
— — ♦
Chap. 15. Resolve for the relief of certain agricultural societies.
Authorized to Pcesolved, That the Berkshire, Hampshire, Worcester, draw bounty. Worccstcr Soutli-East, Middlesex South, and Middlesex North Agricultural Societies be allowed to draw from the treasury of the Commonwealth the bounties due to them respectively, by the provisions of section first, chapter sixty-six, of the General Statutes, in the same manner as if they had complied with all the requirements of the said chapter. Approved February 21, 1863.
Treasurer to fur- nish standard weights and measures.
Chap. 16.
Allowance $52.
Chap. 17.
Military service, «66.74.
Resolve in favor of jemima easton.
Resolved, For reasons set forth. in the petition of Priscilla Freeman, that there be allowed and paid out of the treasury of the Commonwealth, to the overseers of the poor of the town of Tisbury, for the benefit of Jemima Easton, an Indian of the Deep Bottom tribe, residing in said town, the sum of fifty-two dollars. Approved February 21, 1863.
Resolve in favor of william n. bourne.
Resolved, For reasons set forth in the petition of William N. Bourne, that there be allowed and paid and the same is hereby appropriated, out of the treasury of the Common- wealth, to said petitioner, the sum of sixty-six dollars and seventy-four cents, the same being in full for services as
1863.— Chapters IS, 19, 20, 21. 565
fourth lieutenant in company A, third rcfiiment, first divi- sion, Massachusetts vohmteer militia. Said sum shall be paid out of tlie Union fund provided in chapter two hun- dred and sixteen of the acts of the year eighteen hundred and sixty-one, and in cha{)ter one hundred and forty-seven of the acts of the year eighteen hundred and sixty-two.
Approved February 21, 1863.
Resolve in favor of the messenger of the governor and Qh/yn 18
COUNCIL. ^'
Resolved^ That there be allowed and paid to the messen- Additional aiiow- ger of the governor and council, the sura of two hundred ^"'^®' *^*^^" dollars in addition to his salary for the current year.
Approved February 27, 1863.
Resolve providing for the erection of monuments on the Qfid^p 19^
LINE BETWEEN MASSACHUSETTS AND RHODE ISLAND. "'
Resolved, That the sum of eight hundred dollars be and Appropriation of the same is hereby appropriated, and shall be allowed and rection of gor- paid out of any money in the treasury not otherwise appro- cir"" ^^^ '^°"''" priated, to be expended under the direction of the governor and council, in erecting permanent stone monuments at the termini of the line beteen this state and the state of Rhode Island, and at each angle in the same.
Approved February 27, 1863.
Resolve in testimony of the services and character of QJiap. 20.
MAJOR-GENERAL WOOL. ■^'
Resolved, That the senate and house of representatives committee to in- desire to exfjress, to Major-Gcneral John E. Wool, now on a meet^^ie'gisiature! visit to the city of Boston and vicinity, in the discharge of his duties as commander of this military department, the high regard they entertain for him as a long tried, faithful and able soldier, and their appreciation of the valuable services he has rendered his country, and to this end that a committee, consisting of three on the part of the senate, with such as the house may join, be appointed to wait upon General Wool, and invite him to meet the members of liie legislature, informally, either at the state house, or at such other place and at such time as may suit his covenience.
Approved February 28, 18G3.
Resolve IN FAVOR OF WILLIAM D. ATKINSON, .JUNIOR. Chap. 21,
Resolved, For reasons set forth in the petition of William Appropriation D. Atkinson, junior, that there be allowed and paid out of ^"ce" $4"2o!"" the treasury of the Commonwealth, to said petitioner, the sum of forty-nine dollars and twenty cents, the same being 34
566 1863.— Chapters 22, 23, 24, 25.
in full for services rendered as paymaster of the fourth regiment, second brigade, first division Massachusetts volunteer militia. Said sum is hereby appropriated and shall be paid out of the Union fund, provided in chapter two hundred and sixteen of the acts of the year eighteen hundred and sixty-one, and chapter one liundred and forty- seven of the acts of the year eighteen hundred and sixty-two.
Approved March 3, 1863:
Chan. 22. Resolve in favor of augustix j. drake.
For services, Resolved, For reasons set forth in the petition of Augustin
$916.54. j_ Di>ake, that there be allowed and paid out of the treasury
of the Commonwealth, to the said Augustin J. Drake, the
sum of nine hundred and sixteen dollars and fifty-four
cents, in full for services set forth in his said petition.
Approved March 3, 1863.
Chan 23. Resolve in favor of the state normal school at westfield. Appropriation Rcsolved, That thcrc be appropriated and paid out of the
fm*^™'"^^^' moiety of the income of the school fund applicable to educa- tional purposes, the sum of five hundred dollars, to the state normal school at Westfield, to be expended for furnaces in said normal school building, under the direction of the board of education, and that the governor draw his warrant accordingly. Approved March 3, 1863.
Chan. 24. Resolve in favor of company c, seventh regiment massachu- ^ ' ' setts volunteers.
Aiiowanceforuse Resolved, For rcasous set forth in the petition of company '" ' ' C, of the seventh regiment of hifantry, Massachusetts volunteers, that there be allowed and paid out of the treasury of the Commonwealth to L. F. Lynde for tlie benefit of said company, the sum of sixty-six dollars and sixty-two cents, for the use by the Commonwealth of tents belonging to said company : said sum to be paid out of the Union fund provided in chapter two hundred and sixteen of the acts of the year eighteen hundred and sixty-one, and chapter one hundred and forty-seven of the acts of the year eighteen hundred and sixty-two. Approved March 3, 1863.
Chap. 25. Resolve granting AID FOR the suppression of counterfeiting
bank bills and coin.
Allowance to Reso/ved, That there be allowed and paid out of the treas-
banks, isi,5ou. ury of the Commonwealth, to the association of banks for the
suppression of counterfeiting in this Commonwealth, a sum
not exceeding one thousand five hundred dollars, for the
1863.— Chapters 26, 27, 28, 29. 567
purpose of the prevention and detection of the crime of making, or tendering in payment as true, counterfeit bank bills, or counterfeit gold and silver coin : provided^ that no Proviso. sum be paid under or by authority of this resolve, which shall exceed one-third of ti»e amounts whicli said association sliall certify and prove to the i^overaor, shall have been raised and judiciously expended by said association, for the purposes aforesaid. Approved March 3, 1863.
Chai^. 26.
Approp !if3,000.
Resolve to provide for the procuring op flags to replace those lost or worn out in service.
Resolved, That a sum not exceeding three thousand dol- Appropriation, lars is hereby appropriated for the purpose of replacing the flags of Massachusetts regiments, worn out or lost in service ; the same to be expended from time to time during the cur- rent year, by the governor, with the advice and consent of the council. Approved March 5, 1863.
Resolve in favor of the hampden county agricultural Q]ian. 27.
SOCIETY. -*
Resolred, That the Hampden County Agricultural Society society allowed be allowed to draw from the treasury of the Commonwealth, ° '^^'^ °"° ^' the bounty due by the provisions of section first, chapter sixty-six of the General Statutes, in the same manner as if all the requirements of said chapter had been complied with.
Approved March 7, 1863. Resolve authorizing the purchase and distribution of ben- CJlCip. 28.
NETT and HEARD'S MASSACHUSETTS DIGEST.
Resolved, That the secretary of the Commonwealth be, Secretary to pur-
,., , I'T TTiii 1 1 chase and dis-
and IS liereby authorized and directed to purcliase a number, tribute to towns. not exceeding three hundred and fifty copies, of Bennett and Heard's ^lassachusetts Digest: provided, the cost of the same shall not exceed four dollars per volume ; and to dis- tribute the same, one copy to each city and town in this Commonwealth. Approved March 7, 1863.
Resolve authorizing the governor to purchase arms and Chap. 29^.
EQUIPMENTS. ' *
Resolved, That his excellency the governor, by and with Governor to con-
tr'ict for 1^ OoO .'
the advice and consent of the council, be and is hereby standofarms.
authorized to enter into contracts on behalf of the Common-
wealth,_for the purchase or manufacture of fifteen thousand
stand of arms, of such pattern as tlie governor and council
shall deem best adapted for the service to which they are to
be applied; also of arms and equipments for one regiment ^^^^'p"'^"^*^^^
of cavalry ; also of guns and equipments for five batteries tiuery.
568 1863.— Chapters 30, 31, 32.
of lisi'lit artillery, and such other arms and equipments as shall from time to time be found necessary for ai-ming the Appropriation, militia in active service ; and the sum of four hundred and *^° '■ fifty thousand dollars is hereby appropriated for the forego-
ing purposes. Approved March 10, 1863.
Chat) 30 -^^^OLVE IN FAVOR OF SCHOOLS AMONG THE INDIANS OF GAY HEAD.
Appropriation Resolvecl, That tlicrc be allowed and paid out of the school
forsupport.siio. fyufj of the Commonwealtii, to Johu Mayhew, esquire, of Ed- gartown, the sum of one hundred and ten dollars, to be applied to the support of schools among the Indians of Gay Head during the year eighteen hundred and sixty-three ; and the same is hereby appropriated to be paid out of said school fund. Approved March 12, 1863.
Chan 31 Resolve in favor of fraxcis a. hobart.
Appropriation, Resoli'ed, Tliat for reasons set forth in tlie petition of f54.i4. Francis A. Hobart, there be allowed and paid out of the
treasury of the Commonwealth, to said Hobart, the sum of fifty-four dollars and fourteen cents ; and the same is hereby appropriated to be paid out of the Union fund, provided in cliapter two hundred and sixteen of the acts of the year eighteen hundred and sixty-one, and in chapter one hundred and forty-seven of the acts of the year eighteen hundred and sixty-two. Approved March 12, 1863.
Chap 32. Resolve on the petition of increase s. withington, trustee. Authorized to Resoliwd, For reasons set forth in said petition, that TsStTas Tru^t'ee lucrease S. Withington, of Newton, in the county of Mid- under' will of tHescx, as trustco under the will of Isaac Chandler, late of
Isaac Chandler. ^^ , . ' . , /^ i. r • i i ^ ^ /• at
Hopkinton, in the county of Merrimack, and state oi JN'ew Hampshire, deceased, be, and he hereby is authorized and empowered to mortgage in such manner as he shall deem proper, except that lie shall not give a power-of-sale mort- gage, a certain parcel of land containing forty-one thousand seven hundred and seventy-eight feet, more or less, together with all the buildings erected, or to be erected thereon, being a portion of the trust property held by said Witliing- ton, as trustee under said will, situated in the town of Natick, in said county of Middlesex, known as the Long Pond Hotel estate, and being the same premises which Josiah F. Leach conveyed to said Isaac Chandler, by deed dated the twenty-ninth day of March, in the year eighteen hundred and forty-five, recorded with Middlesex deeds, book four hundred and sixty-two, page three hundred and six, for the purpose of raising money to pay for and complete the
18i;:].— CiiArTEii 33. 569
buildiiisrs now erected and in process of erection, and nearly completed, on the land herein described. ISaid mortgage, Mortgapre not to
. 1 /» J 1 • ■ exceed #6.000.
or mortgages, are to be for a sum, or sums not exceeding six thousand dollars in the whole, for which sum the said With- ington may give a note or notes, as trustee, as aforesaid, but i/mbmty of tru.s- be shall in no case be held liable to pay said note or notes, '■'■'-'• out of his own property, but only out of the above described real estate, or the income thereof. Tlie said Withiiigton is authorized to retain out of said income sufficient sums to pay the interest on said note or notes, from time to time, and the cost of repairs, taxes and insurance on the buildings erected on said described land, and also one hundred dollars in each year, after tlie said buildings shall have been occupied one year, to provide means for the payment of said note or notes ; and said Withington and his successors in trust are authorized to renew said notes and mortgages, from time to time, until they are paid ; and said mortgages shall be good and valid conveyances in mortgage of said estate, and be binding upon the said Withington, as trustee, as aforesaid, and upon bis successors in said office, discharged from all trusts created by said will of Isaac Chandler, under which the said With- ington holds the estate: provided, however, that the said Trustee to give Withington as trustee, as aforesaid, before executing the mortgage or mortgages herein authorized, shall give a bond to the judge of probate for the county of Suffolk, to be approved by said judge, conditioned for the faithful perform- ance of his duties and the proper application of all sums of money received by him, under this resolve, and a like bond shall be required of each of his successors in trust.
And the said Withington, as trustee, as aforesaid, is also conveyance of authorized and empowered to convey m lee simple to tlie uaiiroad corpor- Boston and Worcester Railroad Corporation, all said land ^""^ ^""^«"^«'^- north of a line drawn parallel with the soutli rail of the south track of the main road of said corporation, and thirty feet distant therefrom, in exchange for all land lying south of said line, and between it and the estate of said Chandler, and extending easterly to North Avenue, to be conveyed to said Withington, as trustee, as aforesaid, by said corporation, to bold on the same trusts as the land he conveys to said corporation. Approved March 12, 1863.
HkSOLVE ox the petition of .JOHN RICHARDSON AND OTHERS. CIlO}). 33.
Resolved, For the reasons set forth in the petition of John Partition bc- Richardson and others, that tlie partition made between RTcimrdson and John Richardson, Frank T. Richardson, and Rolfe Eldredge, i'- i^'d^edge, con-
570 1863.— Chapters 34, 35, 36.
firmed and made
Talid
by the decree of the probate court for the county of Middle- sex, dated the ninth day of February, in the year eighteen hundred and fifty-eight, and recorded in the registry of probate for said county, and also with Middlesex South District deeds, in volume twenty-three of partitions, pages one hundred and forty-one, and following, and with Suffolk deeds, book seven hundred and eighty, page one hundred and four, and the titles of said John Richardson, Frank T. Richardson, and Rolfe Eldredge, and their respective heirs and assigns, in and to the several parcels of real estate thereby set off and assigned, or purported to be set off and assigned to them respectively, and of Edward H. Eldredge, as tenant by the curtesy, in the estate so set off and assigned to said Rolfe, so far as the same were or may be defective by reason of any irregularity in the proceedings before said court, or of any error of the commissioners who made said partition, be, and the same are hereby confirmed and made valid and effectual to all intents and purposes, as if all the estate of which partition was thereby made, had descended as implied in said decree, from John H. Richardson, deceased.
Approved March 14, 1863.
Chap. 34. Kesolve in favor of the chappequiddic and christiantown
■^ INDIANS.
Allowance for Reso/ved, That there be allowed and paid out of the schooTs' $104. school fund of this Commonwealth, to the guardian of the Cliappequiddic and Christiantown Indians, the sum of one hundred and four dollars, to aid in the support of schools among the said Indians for the year eighteen hundred and sixty-three. Approved March 14, 1863.
Chan. 35. Resolve in favor of nelly Joseph.
Allowance, $50. ResoJvecl, For reasons set forth in the petition of Barnard C. Marchant, guardian of the Christiantown and Chappe- quiddic Indians, tliat there be allowed and paid out of the treasury of the Commonwealth to said guardian, the sum of fifty dollars (or as much of the same as may be neces- sary,) for the support of Nelly Joseph a member of the Chappequiddic tribe of Indians. Approved March 14, 1863.
Chat). 36. Resolve in relation to the state prison.
Allowances for Resolved, That there be allowed and paid out of the fng^nershingii^g treasury of the Commonwealth, to the warden and inspectors shed, and for ^f ^jjg g^atg prison, tlic following sums, to wit: eight huii-
bindiug books, .1 ' i 1 • • r
&c. dred and ninety-eight dollars and thirty-nine cents, tor
expenses incurred on account of the erection of a gas-house
1863.— CiLvrTERs 37, 38, 39. 40. 571
and enclosiiip: the same ; one thousand two hundred and twenty-nine doUars and ten cents, for expenses incurred for the introduction of a new steam-engine and fixtures ; four hundred and thirty-nine dollars and forty-five cents, for expenses incurred in shingling the roof of the " stone slied ; " and three hundred dollars, for the purpose of defray- ing the expense incurred for binding the books in the library, and to make additions thereto. Approved March 24, 1863.
KeSOLVE IN FAVOR OF JOHN T. FOLEY. Chap. 37.
Resolved, That there be allowed and paid out of the Appropriation^ treasury of the Commonwealth to John T. Foley, the sum Tkes"sm40. of one hundred and ninety dollars and forty cents, in full for military services, and said sum is hereby appropriated, to be paid out of the Union fund. Approved March 26, 1863.
Resolve in favor of the state almshouse at bridgewater. Chap. 38. Resolved., That there be allowed and paid out of the Allowance for treasury of the Commonwealth, to the inspectors of the state §2'5'oo.^ "°' almshouse at Bridgewater, twenty-five hundred dollars, for the purpose of building a barn for that institution.
Approved March 26, 1863.
Resolve in favor of john hecktor, a member of the hassan- Chap. 39.
AMISCO tribe of INDIANS.
Resolved^ For the reasons set forth in the petition of John ^^'J'^.'"'^'^" *° '^■ Hecktor, that Charles Brigham, of Grafton, trustee of the tor's titie to cer- Hassanamisco tribe of Indians, be, and hereby is authorized *^'° i'^'^'^^- to expend a sum of money not exceeding fifty dollars, in ■^ investigating the title of said Hecktor to certain lands situated in Hinsdale, in the state of New Hampshire, and in assisting said Hecktor in selling the same.
Approved March 28, 18G3.
Resolve on petition of the Dartmouth tribe of Indians. Chap. 40. Resolved, That his excellency the governor, by and with Governor to ap- the advice and consent of the council, be and he is hereby doners t^o'^am- authorized to appoint two persons to be commissioners, uin'lands? '^"' whose duty it shall be to examine and ascertain the title of the Dartmouth tribe of Indians to certain lands claimed by them, situated in the towns of Dartmouth and Westport, in the county of Bristol, and also, as far as necessary, the titles and claims of any other persons to said lands ; said commis- ^rs*defined ''*'^' sioners to summon and examine witnesses, and hear all parties claiming any interest in said lands, and to cause this resolve, and a notice of the time and place of hearing the
572
1863.— Chapters 41, 42.
Report. Compensation.
Proviso.
parties interested in said lands, to be published in the Republican Standard, a newspaper printed in New Bedford, fourteen days at least prior to the day appointed by them for sucli hearing. And said 'commissioners are authorized and empowered to compromise, adjust and fully and finally to settle, justly and equitably, and as the interests of the Commonwealth, tlie peiitioners and all other parties, may require, all the matters, claims and controversies, now exist- ing, growing out of or in connection with the possession of the aforesaid lands ; and they may use such means as are necessary to collect the desired information upon the subject. The commissioners shall make a report of their doings to the governor and council, and receive such compensation for tlieir services as the governor and council deem reason- able, and a warrant may be drawn accordingly : provided^ /ioidJe^rr, that nothing herein contained shall be so construed as to subject the Commonwealth to any pecuniary liability or responsibility, beyond such reasonable sums as shall be allowed to the commissioners for their services by the gov- ernor and council. Approved March 28, 1863.
Chap. 41. Resolve ix favor of the guardiax of the punkapog tribe
OF INDIANS.
Resolved^ That there be allowed and paid to the guardian of the Punkapog tribe of Indians, the sum of one hundred and fifty-four dollars, to be by him expended towards the support of the following persons belonging to said tribe, to wit : fifty dollars thereof for the benefit of Rebecca Davis, the same being in addition to the annuity she now receives ; fifty-two dollars thereof for the benefit of Sally Burr, of Cambridge, and fifty-two dollars thereof for the benefit of Sally Burr, of Boston, and her son James Burr ; and said sum is hereby appropriated for said purpose.
Approved March 28, 1863.
Appropriation for support of certain Indians, fl54.
Chap. 42.
Treasurer of Marshpee a commissioner to establish.
Powers and duties.
Resolve relating to the establishment of boundary lines of indian lands at gay head.
Resolved, That the treasurer of the district of Marshpee be, and he is hereby appointed and commissioned to examine, and fully and finally to determine, all boundary lines between the individual owners of land located in the Indian district of Gay Head, in the county of Dukes County, and also to determine the boundary line between tlie common lands of said district and the individual owners adjoining said com- mon lands ; and he, the said commissioner, is hereby author- ized to adjust, and fully and finally to settle, equitably, and as the interest of the petitioners and all other parties may
1863.— Chapters 43, U. 573
require, all the matters, claims and controversies, now exist- ing and growing out of or in connection with the boundaries of the aforesaid lands ; and he may use such means as may be necessary to collect all desired information in relation to the matter, and cause a record to be made of the same, and good and sufficient bounds to be established between the said owners, and recorded in a book for that purpose.
And said commissioner shall cause this resolve to be pub- suaii publish re- lished in the "Vineyard Gazette," on two different days, o? hearing."" "* and at least fourteen days prior to a day, duly specified and appointed, upon which all parties interested may have fair and impartial hearing ; and with this resolve the said com- missioner shall publish a notice of such hearing, designating the time and place appointed therefor. And said bounda- Award of com-
, ', , 1 I • 1 1 T 111 • 1 • missioaer to be
ries, made and estal)lished and recorded by said commis- cnai. sioner, shall ever after be and remain the true and lawful boundary lines between said parties forever.
And said commissioner shall make a report of his doings shaii report to
, J •! J • 1 i' governor and
to the governor and council, and receive sucn compensation council. for his services as they shall deem reasonable ; and the compensation, governor is authorized to draw his warrant accordingly ; and a sum not exceeding one hundred dollars is hereby appropriated for the same. Approved March 30, 18G3.
Resolve making ax appropriation for maintaining agencies Chap. 43.
OUT OF THIS COMMONWEALTH FOR THE CARE OF SICK AND WOUND- ED SOLDIERS.
Resolved, That the sura of twenty thousand dollars be Appropriation of hereliy appropriated for the payment of any expenses which to'^'be a^ppr"?^d may be incurred under the authority of the governor and by governor. approved by him, in the maintenance of agencies at such places out of this Commonwealth as he may find needful, for the oversight and aid of sick and wounded or distressed Massachusetts soldiers, and in the necessary and proper disbursements incident thereto. Approved March 30, 1863.
Resolve in favor op khoda m. taylor. Chap. 44.
Resolved, For reasons set forth in the petition of Andrew Allowance of $50 Davis and others, that there be allowed and paid out of tiie *""'■ ''<''"'^- treasury of the Commonwealth to the selectmen of the town of Westport, the sum of fifty dollars, to be expended for the relief of Rhoda M. Taylor, a member of the Dartmouth tribe of Indians. Approved March 30, 18G3.
574
1863.— Chapters 45, 46.
Chci'D 45 I^f^SOLVE ox THE PETITION OF CHARLES L. nANCOCK, ADMINIS- ^' ' TRATOH, WITH THE WILL ANNEXED, OF THE ESTATE OF JOHN
HANCOCK, LATE OF WEST ROXBURY, IN THE COUNTY OF NORFOLK, DECEASED.
Sale of " Han- cocli House" authorized.
Provisos.
Resolved, For the reasons set forth in said petition, that Charles L. Hancock, administrator, with the will annexed, of the estate of John Hancock, late of West Roxbury, in the county of Norfolk, deceasec|, be, and he hereby is authorized and empowered to sell, in one lot or four, in accordance with the provisions of said will, either at.public or private sale, and on such terras and conditions as he shall think proper, and to execute all necessary deeds and instru- ments to convey in fee simple to the purchaser or purchasers thereof, free and discharged from all trusts, claims, and annuities, arising under or by virtue of the will aforesaid, and from all liability for the application of the purchase- money, the real estate situated on Beacon Street, in the city of Boston, known as the Hancock mansion estate, contain- ing about ten thousand square feet, and extending back to a twenty-feet passage-way leading into Joy Street, with the privileges and appurtenances belonging, and all the right, title, interest and estate, of which said John Hancock died seized and possessed therein, after advertising the same as for sale in the cities mentioned in said will : provided, that the said administrator shall first give bond to the judge of probate for the county of Norfolk (such as said judge shall approve,) to account for the proceeds of such sale, according to law and the will of said John Hancock, the testator ; and provided, also, that the sum of not less than sixty-five thou- sand dollars shall be first set apart in trust for the annui- tants in said will, namely, James Scott Hancock and his two daughters, and Thomas Hancock, and Mary Lydia Colyer ; to which end the judge of probate court for said county of Norfolk is authorized to appoint a trustee for said annui- tants ; and the receipt of such trustee for said sum, after being duly qualified, shall be and constitute a full release and discharge of all claim, lien, or charge, on the part of said annuitants, and the parties claiming under them, to the real estate known as the Hancock mansion estate, on Beacon Street, in said Boston. Approved March 31, 1863.
Cha}). 46.
Resolve in favor of the state reform school.
Trustees author- Resolvcd, That thc trustccs of the State Reform School S-s.osfoS'^ at Westborough, are hereby authorized to use the unex- pitkiaccommoda- pendcd balaucc of cash now on hand, on account of" recon- struction account," together with the unexpended balance
1863.— Chapters 47, 48, 49, 50, 51. 575
of last year's api>roi)riation, auiountiiipj to twelve hnndred seveiitj-three dollars and eight cents, for the ])urposc of providing hospital accommodations for said institution.
Approved April 4, 1863.
Resolve in favor of increase n. emertox. « Chop. 47.
Resolved., For reasons set forth in the petition of Increase Allowance of $50 N. Emerton, that there be allowed and paid out of the treasury of the Commonwealth, to said petitioner, the sum of fifty dollars. Approved April 4, 1863.
Resolve in favor of henry e. mccollum. Chap. 48.
Resolved, For reasons set forth in the petition of Henry Allowance of E. McCollnm, that there be allowed and paid out of the irjl^f *' treasury of the Commonwealth to said petitioner, the sum Marshpee ind'ns. of two hundred dollars, in full payment for all claims of said petitioner for medical aid furnished to Indians and people of color in the disttict of Marshpee.
Approved April 4, 1863.
Resolve in favor of william h. luce and daniel a.
LAND.
^^^^- Cha2). 49.
Resolved, For reasons set forth in the petition of William Allowance of s's H. Luce and Daniel A. Cleaveland, of West Tisbury, that 'ZaZt'^tn there be allowed and paid out of the treasury of the Com- {^t^. .P'l'^ ^"^^
r" . . J Christiantown
monwealth, to said petitioners, the sura of seventy-five Indians. dollars, in full for medical attendance upon Gay Head and Christiantown Indians. Approved April 4, 1863.
Resolve on the petition op .josiah g. lovell. Chap. 50
Resolved, For the reasons set forth in the petition of settlement and Josiah G. Lovell, that the settlement of the estate of Samuel Itf^Z^it^o^M Lovell, late of Boston, branch pilot, deceased, and the <:oDnnMA. partition of his estate accepted by the probate court for the county of Suffolk, December sixteenth, in the year eighteen hundred and sixty-one, and recorded with Suffolk probate records, and all titles held under said partition, be, and' the same hereby are fully confirmed in every respect and partic- ular, so far as the same are defective in consequence of the supposed want of jurisdiction of the said court.
Approved April 6, 1863.
Resolve in favor of samuel .t. fletcher. Chav 51
Resolved, That there be allowed and paid out of the Allowance of treasury of the Commonwealth, to Samuel J. Fletcher, the !?5' 3i for nuiita^ sum of fifty-seven dollars and thirty-one cents, for services
576
1863. — Chapters 52, 53, 5i.
agement.
rendered as first lieutenant of Company H, fifteenth regi- ment, Massacjiusetts volunteers ; said sum shall be paid out of the Union fund provided in chapter two hundred and sixteen of the acts of the year eighteen hundred and sixty- one, and chapter one hundred and forty-seven of the acts of the year eighteen hundred and sixty-two ; and the same is hereby appropriated. Approved April 6, 1863.
ChciD. 52. I^ESOLVES CONCERNING MASSACHUSETTS REGIMENTS IN THE FEDERAL •* ' "" ARMY.
Expression of Resolvecl. That Massachusetts bears in her heart those of
interest, satisfa';- , , , . . , , 01 i /• n 1
tionand encour- her loyal citizBiis who havc gone lorth to deiend the consti- tution and the laws, and to establish the integrity of our national government ;
That she views with satisfaction and pride their steadfast loyalty and their gallant achievements ;
That she will continue to encourage and sustain tiiem to the full extent of her power, and will send such reinforce- ments to their aid as the national authorities shall, from time to time, demand ;
That never has her determination to support the govern- ment, or her assurance of final success, been stronger than to-day ;
Tliat, as she was the first to enter, so will she be the last to leave the field, until every armed traitor has disappeared from the land.
Resolved, Tliat his excellency the governor be requested to forward copies of these resolves to the commanders of Massachusetts regiments in the field, with tlie request tliat they be communicated to their respective commands.
Approved April 6, 1863.
Copies of resolves to be forwariieil to commauders.
Chat). 53, Eesolve to provide for repairs on the powder hocse on
■* * ' captain's island in CAMBRIDGE.
Governor and Resolved, That tlic govcmor, with the advice and consent
council autlior- ^^ • % ^ 1 • 1 • 1 i
ized to expend ot the councii, IS hereby authorized to cause suitable repairs * ■ to be made upon the powder house or magazine on Captain's
Island in Cambridge, and the wall surrounding said maga- zine, to an amount not exceeding three hundred and fifty dollars ; the same to be in addition to the appropriation made under chapter forty-six of the resolves of the year eighteen hundred and sixty-two. Approved April 8, 1863.
Chap. 54. Kesoxve concerning the magazine on captain's island. commonweaith-s Resoloed, That on and after the first day of July next no powder or ammunition not the property of the Common-
property only, to
be stored.
1863. — Chapters i)^), 56, 57. 577
wealth, sliall be stored in the magazine on Captain's Island ;
and that his excellency the governor be requested to inquire Governor to re-
d, ii-ii n 1 I'l P'"'' upon sale of
report to the next Icgishiturc lor what sum the said niiig:./,ine and
magazine aiul the land of tlio Commonwealth appurtenant Srg.''^ °^'^
thereto can be sold ; what site suitable for the erection of a
new magazine can be obtained, and what sura in addition to
that which can be obtained for the present magazine and
land would be needed to purchase such site and erect a
magazine for the Commonwealth thereon.
Approved April 8, 1863.
Resolves providing for returns of certain expenditures nhnn 55
MADE BY CITIES, TOWNS AND PERSONS, AND A REPORT FROM THE ^'
SAME TO THE GENERAL COURT.
Rcso/red, That any city, town or person claiming of the statements of
° certain military
Commonwealth reimbursement of money paid for uniforms, expeTuturesmly
be retui auditor.
clothing, rations or transportation actually furnished mem- ^^ '"•^'"''"^'^ "*
bers of the volunteer militia, who as such volunteers have been mustered into or enlisted in the service of the United States, may, on or before the first day of October next, return to the auditor a particular statement of the money so paid ; of the uniforms, clotiiing, rations and transportation so fur- nished ; of the persons or companies to whom they were so furnished ; of the items of expenditure, as far as may be practicable, and of such circumstances attending said trans- actions as may be deemed proper and important.
Reso/oed, Tiiat the auditor is hereby authorized and Auditor to pre- directed to prepare from the returns thus made, a condensed submitTo°[egbia- report of the names of the claimants, amounts claimed and '""^^^ for what claimed, and such other facts as he may deem important, and cause his report to be printed, and transmit to the next general court his said report together with said returns. Approved April 10, 1863.
Resolve in relation to the industrial school for girls at nh^-r, ;^r>
LANCASTER. ^'^^P' ^^'
Resolved, That the trustees of the Industrial School at Trustees to pay Lancaster be authorized to pay, out of the sum appropriated fi'd^destltutl'gVis for the current expenses of said institution, a sum not exceeding two hundred dollars, annually, for the purpose of aiding deserving and destitute girls, who have left the institution and wiio are out of employment.
Approved April 13, 1863.
Resolve IN FAVOR OF THE washingtoniax HOME. Chan. 57.
Resolved, That there be allowed and paid out of the Allowance of treasury of the Commonwealth, to the treasurer of the ^^^^^-
578 1863.— Chapters 58, 59.
Wasliingtoiiian Home, to be expended by the directors for
the charitaljle purposes of the institution, in providing a
refuge for inebriates and means for reforming them, the sum
Directors to make of four thousaud dollars. The said directors shall report to
report to legisla- ,11.1, ., if>T n-ii
ture. the legislature in the month ot January next, a detailed
account of the manner in which this appropriation has been expended ; the amount contributed by individuals ; the total income and expenses of the institution, and the number of persons admitted, with the result of their treatment, so far as can be ascertained. Approved April 13, 1863.
Chat) 58 Resolve in favor of the discharged soldiers' home.
Appropriation of Reso/ved, That there be allowed and paid out of the fd?ikeamo''untbe trcasuiy of tlic Commoiiwealth, to the treasurer of the raised by private discharged soldlcrs' home, located in Springfield Street,
subscription. c iiii t n ^ • • •
Jioston, to be expended by the directors oi the institution, in temporarily caring for and aiding disabled and destitute soldiers that have been honorably discharged from the service of the United States, a sum not exceeding ten thousand dol- lars, on condition that an equal amount be raised by private subscription, and used for the same purpose. Said sum is hereby appropriated, and the governor, with the approval of the council, is authorized to draw his warrants for such parts thereof as may from time to time be applied for by the Eeport to the leg- president and two vice-presidents of the institution. The isiature required, ^^^q^^ ^f tlic iustitutioii shall rcport to tlic leglskturc, during the month of January next, a detailed account of the manner in which this appropriation has been expended, the amount contributed by individuals, the total expenses of the institution, and the number of persons admitted and relieved.
Approved April 14, 1868.
Chap.
Eesolve granting taxes for the several counties.
Resolved, That the sums placed against the names of the several counties in the following schedule, be and are hereby granted as a tax for each county, respectively, to be assessed, paid, collected and applied, according to law, viz. : —
Worcester, ninety thousand dollars ; Plymouth, thirty thousand dollars ; Middlesex, one hundred and fourteen thousand dollars ; Norfolk, seventy-one thousand dollars ; Hampshire, twenty thousand dollars ; Hampden, twenty- seven thousand dollars; Franklin, sixteen thousand dollars; Essex, one hundred thousand dollars ; Dukes, three thou- sand dollars; Bristol, sixty-five tliousand dollars; Berkshire, twenty-six tliousand dollars ; Barnstable, twelve thousand dollars. Approved April 17, 1863.
1863.— Chapters GO, (U, Cvi, G8. 579
RkSOLVE IX FAVOU OF THF. TROY, DUDLKY AND MAUSIIl'F.K INDIANS. QJidj)^ (JQ,
Resolced, That there be allowed and paid to the guardian Tmy Indians, of the Troy Indians, for their support, a sum not exceeding ^^^^' six hundred dollars, and for the salary of said guardian, the sum of one hundred dollars. To the guardian of the Dudley, s7oO. Dudley Indians, for their sujijjort, a sum not exceeding seven hundred and fifty dollars, and for the salary of said guardian, one hundred dollars; to the treasurer of the Marshpee, s2oo. Marshpee Indians, for the support of certain old state paupers, a sum not exceeding two hundred dollars.
Approved April 17, 1863.
Resolve IN FAVOR OF THE TOWN OF GRAFTON. Ckcip. 61.
Resolved, For reasons set forth in" the petition of the secretary to fur- selectmen of the town of Grafton, that the secretary of the ports ^and° other Commonwealth is hereby authorized and directed to furnish (locumeats. to the clerk of said town complete sets of the Massachusetts Reports, Pickering's Reports, Metcalf's Reports, Cushing's Reports, first and third volumes of Gray's Reports ; also one copy of the State Map ; also copies of all such books and documents in his office as may heretofore have been furnished by the Commonwealth to clerks of towns : and the secretary is authorized to purchase such of the reports aforesaid as may be necessary to carry into effect this resolve ; and the governor is hereby authorized to draw his warrant for the necessary amount.
Approved April 17, 1803.
Resolve in favor of Caroline e. Hastings. Chan. 62.
Resoh-ed, For seasons set forth in the petition of Caroline Allowance of soO " E. Hastings, that there be allowed and paid out of the treasury of the Commonwealth, to said petitioner, the sum of fifty dollars, in full for claim set forth in said petition.
Approved April 17, 1863.
Resolve in favor of the selectmen of plympton. Chan. 63.
Resolved, For reasons set forth in the petition of Charles Appropriation for n. Perkins and George W. Sherman, selectmen of Plymp- armory rent, s50 ton, that there be allowed and paid out of the treasury of the Commonwealth, to said petitioners, the sum of thirty- four dollars and sixty-four cents, in full for armory rent ; and the same is hereby appropriated.
Approved April 18, 1863.
580 1863.— Chapters 61, 65, 66, 67.
ChctT) 64 Resolve to provide for preparing and publishing catalogues
J- ' ' OF THE MUSEUM OF COMPARATIVE ZOOLOGY.
4[py"P"ation of Resolved, Tliat there be appropriated and paid out of the treasury of the Commonwealth, to the trustees of the Museum of Comparative Zoology, the sum of ten thousand dollars, to be applied to the preparation and publication of catalogues of said museum, under the direction of the trustees. Approved April 18, 1863.
Chat). 65. K,ESOLVE IN aid OF THE PERKINS' INSTITUTION AND MASSACHUSETTS -* ' ' ASYLUM FOR THE BLIND.
Additional allow- Resolvecl, That there be allowed and paid out of the treasury of the Commonwealth to the Perkins' institution and Massachusetts asylum for the blind, in addition to the sum heretofore appropriated for current expenses, the sum
Proviso. of three thousand dollars: provided, that the trustees of
said institution shall receive and gratuitously educate all such persons as the governor of the Commonwealth may designate. Approved April 18, 1863.
Chap. 66. Resolves concerning the introduction of military drill as
AN exercise in THE PUBLIC SCHOOLS.
Board of educa- Resolvcd, That the board of education be directed to
tion to consider . ' . . .. _.
subject. take mto consideration the subject oi introducing an organ-
ization of the scholars in the public schools above the age of twelve years, for the purpose of military drill and disci- pline ; and that in addition to such other inquiries and examinations as they deem necessary to a full understand- ing of the subject, they make an examination of the high school in Brookline, and of the military organization exist- ing among its pupils; ascertain the manner of its organiza- tion ; how long the same has existed ; the nature and degree of control held over the same by the teachers and officers of the organization, respectively ; the effect thereof upon the health and general deportment of its naembers and upon their capacity and inclination for literary pursuits and upon the general discipline of the whole school. Report tonext Reso/vcd, That tlic board of education report to the next quired'""^* ^'^' Icgislaturc, ou tlic sccoud Wednesday of January next, the result of their inquiry and investigation under the fore- going resolve. Approved April 21, 1863.
Chap.
g'Y^ Resolve in favor of j. henry jennings.
Appropriation of Resolved, For rcasous set forth in the petition of J. Henry Jennings, that there be allowed and paid out of the treasury of the Commonwealth, the sum of eleven dollars to said
$11.
IS (5:5. —Chapters i^S, Gi). 70. 581
petitioner, in full compensation for claim set forth in said petition ; and the same is hereby appropriated.
Approved April- 23, 1863.
RkSOLVE in FAVOU of WILLIAM DAILEY. Cllttp. 68.
Resolved, That for reasons set forth in the petition of Appropriation of William Dailey, there be allowed and paid out of the treasury of the Commonwealtii, the sum of twenty dollars, in full for claim set forth in said petition ; and the same is hereby appropriated. Approved April 23, 1863.
Resolves on the death of major-general sumner. Chop. 69.
Reso/ved, That it is with the most profound regret and heartfelt sorrow that Massachusetts receives the tidings of the demise of another of her brave and illustrious sons, Major-General Edwin V. Su3INER, while in the midst of those active and patriotic duties, which it was his constant desire and highest aim, promptly to perform and faithfully to fulfil.
Resolved, That in the death of General Sumner we feel that the country has lost a noble and patriotic citizen, the government a firm and enthusiastic defender, the army a brave and accomplished officer, whose services and life were devotedly given to the Union, and whose character and deeds will be cherished in the hearts of his grateful country- men, so long as they have a country to love, and the honor of its flag to cherish and defend.
Resolved, That we present to the family of the deceased our sympathetic condolence, remembering, that he for whom they and the country mourn as dead, will ever in memory live, and through the medium of noble example, will speak in deeds of heroic valor to the sons of America, to the latest generation, which is a more eloquent eulogy than language can frame, and a more enduring monument than the hand of man can raise.
Resolved, That his excellency the governor be requested to transmit a copy of these resolutions to the family of the late Major-General Sumner. Approved April 27, 1863.
Resolve in favor of jerome wasiiburn and josepii w. caton. QJian. 70. Resolved, For reasons set forth in the petition of Jerome Appropriation of Washburn and Joseph W. Caton, that there be allowed and *uitory^'er'Vice''8' paid out of the treasury of the Commonwealth to said petitioners, the sum of twenty-four dollars and sixty-two cents each, the same being in full for services rendered by them as third and fourth lieutenants in company E, fourth
3G
582 1863.— Chapters 71, 72, 73.
regiment, first division, Massachusetts volunteer militia. Said sums are hereby appropriated for that purpose, to be paid out of the Union fund provided in chapter two hundred and sixteen, of the acts of the year eigliteen hundred and sixty-one, and the one liundred and forty-seventh chapter of the acts of the year eighteen hundred and sixty-two.
Approved April 27, 1863.
Chap. 71. Resolve in favor of the natural history department of
AMHERST COLLEGE.
8^500^"''"°° °f Resolved^ That there be appropriated and paid out of the treasury of tlie Commonwealth, to the trustees of Amherst college, the sum of twenty-five hundred dollars, to be applied to the benefit of the natural history department of that institution. Approved April 27, 1863.
Chop. 72. Resolve in favor of the officers and soldiers of the
MASSACHUSETTS VOLUNTEER MILITIA.
Allowance for ResolvecL That there be allowed to the officers and
military services. «i-,r , i .,.., /,
soldiers oi the Massachusetts volunteer mihtia the sum oi two dollars a day, witliout allowance for travel, for each day's service rendered under general order number four- teen, dated the twenty-sixth day of May, in the year eighteen liundred and sixty-two, in accordance with the returns now on file in the office of the adjutant-general. Aajutant-generai The adiutaiit-o;eneral shall present a roll of the persons
to furnish roll . ^
entitled to compensation, with the amounts due to each, to the auditor for allowance, and upon such allowance, certi- fied by him to the governor, the sums due to each, respec- tively, shall be paid to such persons, or to their order, at the treasury of the Commonwealth, out of the unexpended balances, for tlie year eighteen hundred and sixty-two, of appropriations for militia bounty, rent of armories, and military accounts. Approved April 28, 1863.
Chap. 73.
Resolves concerning the establishment of a military
ACADEMY.
Governor may Reso/ved, That liis exccllency the governor be, and with sion°ers to coirsid- tlic advicc aud consent of the council is, authorized to er expediency, appoiiit tlircc pcrsoiis to be commissioners to inquire into the. expediency of establishing an academy for the instruc- tion of young men in matliematics, civil, military and prac- tical engineering, and other studies in connection with infantry, artillery and cavalry drill and tactics, and that said commissioners report a design for such an institution, the mode of establishing the same, the expense thereof, a plan for its support, the number of pupils to be accommo-
1863.— Chapters 74, 75. 583
dated, tlicir age at entering the institution, the amount of camp duty, and the length of the academic course, wliat provision shoukl be made for the support of the pupils, the equivalent to be rendered therefor, and whether tiie Com- monwealth has any, and what, propeity as resource avail- able for the endowment of such an institution.
Resolved, That said commissioners make a report of their Report and com- doings to the governor, on or before the first day of Novem- p''°^*''°°- ber next ; and they shall receive such compensation for their expenses as the governor and council may direct.
Approi-ed April 28, 1803.
Chap. 74.
Rksolve in favor of certain agents of foreign insurance
companies.
Resolved, Tliat the treasurer of the Commonwealth be Treasurer to re- and he hereby is authorized and empowered to refund and pa"a bycwtei'n pay back to Samuel Willis, the sum of fourteen dollars and "£""'''• eighty-six cents ; to William Lincoln, the sum of one hundred and sixteen dollars and three cents; to E. B. Gillett, the sum of thirty-one cents ; to William Elliot, the sum of seventy-four dollars and thirty-seven cents ; to James Cook, the sum of twenty-two dollars and seventy-two cents ; to J. E. Carpenter, the sum of twenty-three dollars and forty-six cents ; and to William S. Danforth, the sum of twenty-five dollars and sixty-four cents ; said sums having been required of and paid by them severally into the treasury of the Commonwealth as agents of insurance companies incorpo- rated by the laws of the state of Connecticut, under a misconstruction of the laws of said state; and the sum of Appropriation. two hundred and seventy-seven dollars and thirty-nine cents is appropriated for the purposes aforesaid.
Approved April 28, 1863.
Eesolve in relation to the disease called pleuro-pneumonia. Chat). 75. Resolved, That Morril Wyman, of Cambridge, is hereby jiorrii wyman, authorized and allowed to make experiments on pleuro- authorhe'dtJfex pneumonia among cattle, so far as it relates to the laws of p«"uient. transmission, at his own expense, and may establish a receptacle on his own grounds, or on the grounds of others, by their consent, to carry out tlie above-named purpose, not endangering the cattle of others ; and the cattle commis- sioners shall at his request place at his disposal cattle belonging to the Commonwealth, so far as he may think necessary for the purposes of this resolve.
Approved April 28, 18G3.
584 1863.— Chapters 76, 77, 78, 79, 80.
Chan 76 Resolve ix favor of f. g. sanborn, and to defray the ex-
^' ' PENSES OF A commissioner TO THE INTERNATIONAL EXHIBITION
AT HAMBURG.
Appropriation of Resolved, That there be allowed and paid out of the treasury of the Commonwealth, and the same is hereby- appropriated, one hundred dollars, to pay F. G. Sanborn, for a valuable report on insects beneficial to agriculture ; Allowance of also that the sum of one thousand dollars be allowed and missioner autho- paid out of tlic treasury, to defray the expenses of the ^'^^^" commissioner, appointed by the state board of agriculture,
to the international exhibition at Hamburg.
Approved April 28, 1863.
Chap. 77. Resolve in favor of james hayes.
Appropriation, Resolved, FoY rcasous set forth in the petition of James
fervices!^™'^"'''^^ Haycs, that there be allowed and paid out of the treasury
of the Commonwealth, to said petitioner, the sum of one
hundred and fifty dollars, in full for his services as assistant
provost-marshal ; and the same is hereby appropriated.
Approved April 28, 1863.
Chap. 78. Resolve in favor of winthrop av. chenery.
Appropriation, Resoluecl, That there be allowed and paid out of the dfmaget'' su°s- trcasury of the Commonwealth to Winthrop W. Chenery, tained. ^\^q g^j^^-^ Qf tliirty-threc hundred and twenty-eight dollars
and sixty-seven cents, in full of all claims against the Com- monwealth for damages sustained by him by reason of the proceedings instituted under the one hundred and ninety- second and two hundred and twenty-first chapters of the acts of the year eighteen hundred and sixty; and the same is hereby appropriated. Approved April 29, 1863.
Chap. 79. Resolve IN favor of o. H. CLARKE.
Appropriation of ResoJvecl, That for reasons set forth in the petition of 0.
*^^' H. Clarke, there be allowed and paid out of the treasury
of the Commonwealth to said petitioner, tlie sum of fifty dollars, in full for claim set forth in said petition ; and the same is hereby appropriated. Approved April 29, 1863.
Chap. 80 Resolve in favor of anna w. draper.
Appropriation of Resolved., That for reasons set forth in the petition of Anna W. Draper, there be allowed and paid out of the treasury of the Commonwealth to said petitioner, the sum of fifty dollars, in full for claim set forth in said petition ; and the same is hereby appropriated.
Approved April 29, 1863.
«50.
18G:3.— Chapters 81, 82, 83, 84, 85. 585
Ri:SOLVK IN FAVOR OF WILLIAM F. 8IIAW. Chat). 81.
licsolred, For reasons set forth in the petition of AVilliam Appropriation of F. Shaw, that there he allowed and paid out of the treasury *"'^' of the Connuon wealth to said petitioner, the sum of fifty dollars, in full for claim set forth in said petition ; and the same is hereby appropriated. Approved April 29, 1863.
KeSOLVK in FAVOR OF THE STATE ALMSHOUSE AT BRIDGEWATER. Ckap. 82.
llesolred, That the inspectors of the state almshouse at cnm-nt expenses Brid^ewater, be authorized to use any unexpended aj)pro- ^'^''*' " priation for curi-ent expenses, for the present year, for such improvements or repairs of said institution as they may deem necessary. Approved April 29, 1863.
Resolve in relation to expenses of the committee on public QJiap^ 83.
CHARITABLE INSTITUTIONS. ^'
Resolved, That there be allowed and paid out of the AppropriaUoa of
r, I /-, 111 r- iTi *1^5 authorized.
treasury of the Commonwealth, the sum oi one luindrea and sixty-five dollars and five cents, for expenses incurred by the committee on public charitable institutions in visiting the several charitable institutions in this Commonwealth, under an order of the Senate of January fifteentli, in the year eighteen hundred and sixty-three.
Approved April 29, 1863.
Resolve for the payment of expenses incurred under the QJiq^ gj.,
PROVISIONS of an act CONCERNING CATTLE COMMISSIONERS. ■* *
Resolved, That there be allowed and paid out of the sr.ooo'"''au'thor- treasui-y of the Commonwealth, the sum of one thousand izeJ-. dollars, for the compensation and authorized expenses of the commissioners appointed under an act concerning cattle commissioners, being chapter twenty-eight of the acts of the year eighteen hundred and sixty-two.
A/>proved April 29, 1863.
Resolve in reference to certain claims of the state of maine. Chcip. 85. Reso/ved, That the governor and council are hereby Governor and
,,.,, ,?,i 1 • !• council to exam-
autlioiized and requested, to liear and examuie any claim, ine and report. or claims, made by the state of Maine against the Common- wealth of Massachusetts, in reference to the recovery of certain moneys advanced by Massachusetts for the United States, in the war of eighteen hundred and twelve, with Great Britain ; and to lay the result of such examination before the next legislature ; and nothing in this resolve shall be held to be an admission of the validity of such claim or claims. Approved April 29, 1863.
586
1863.— Chapters 86, 87/ 88, 89.
Chap
Qg Resolve to provide additional compensation to the chap- lains, DOOR-KEEPERS, MESSENGERS AND PAGES OF THE LEGISLA- TURE.
Resolved, That in addition to the sum now provided by law, there be allowed and paid out of the treasury of the Commonwealtli, to each of the door-keepers and messengers in attendance on the legislature, three dollars per day for each and every day's attendance, during the present sessioii, exceeding one hundred days, and to the chaplains of the senate and house of representatives, and to each of the pages, two dollars per day for each and every day's attend- ance on the legislature during the present session, exceeding one hundred days. Approved April 29, 1863.
Chap. 87 Rksolve
Loan from banks authorized.
Chap. 88.
Appropriation, $20 each.
Chap. 89.
Appropriation,
AUTHORIZING THE TREASURER TO BORROW MONEY IN AN- TICIPATION OF THE REVENUE.
Resolved., That the treasurer be and he hereby is author- ized to require of the several banks of the Commonwealth, a loan of such sum or sums of money as may from time to time be necessary for the payment of the ordinary demands upon the treasury, within the current year; and he shall repay any sum which he may borrow, as soon as money sufficient for the purpose shall be received into the treasury : provided, that the whole amount of the temporary loan, authorized by this resolve, shall not at any time exceed five hundred thousand dollars.
This resolve shall take effect upon its passage.
Approved April 29, 1SG3.
Resolve for compensation of watchmen for services rendered
AS messengers.
Resolved, That there be appropriated and paid from the treasury of the Commonwealth, to each watchman of the state house, the sum of twenty dollars, in full compensation for services performed as assistant messengers during the present session, the same to be in addition to their annual salary. Approved April 29, 1863.
Resolve in favor of simeon borden.
Resolved, That there be allowed and paid, and tlie same is hereby appropriated out of the treasury of the Common- wealth, to Simeon Borden, of Fall River, the sum of thirty- six dollars ; expense incurred by him for medical attendance during the present session. Approved April 29, 1863.
18G3.— Chapters 90, 91, 9'2, 93. 587
RkSOI.VK PROVIDIXCi FOK TlIK KXPEXSKS OF TUK MASSACIIUSKTTS QJ^^p^ 9Q_ Al.r.OTMKXT COMMISSIONERS FOR TIIK YF.AR EIGHTEEN IIUNDKKD ^ '
AND SIXTY-THRKK.
Resolved, That there be appropriated aiul paid from the ^ppj°p"''"^° °f state treasury, a sum not exceeding three hundred dollars, for the ex|»enscp, during the present year, of three Massa- chusetts allotment commissioners, appointed by the president of the United States, in pursuance of the requirements of the act of congress, approved December twenty-fourth in the year eighteen hundred and sixty-one.
Approved April 29, 1 863.
Resolve -CONCERNING the petition of s. e. sewall and others. Chap. 91. Resolved, That the governor, with the advice and consent commission on
-, '., .^, ' PI 1111 condition of m-
01 the council, appomt three persons, one oi whom sliall be sane, authorized. a doctor of medicine, commissioners to examine what changes if any are necessary in the laws regarding insane persons ; who shall have power to visit all the lunatic hospitals and asylums, and private establishments for the reception of insane patients ; to examine the cases of any patients confined in any such hospital, asylum, or other place ; to summon before them, and examine under oath, or otherwise, any witnesses ; and report at the next session of the legislature : provided^ hoivever, that no charge or expense Proviso. is incurred by the Commonwealth under this resolve.
Approved April 29, 1863.
Resolve in favor of mary w. russell. Chop. 92.
Resolved, That there be allowed and paid out of the Appropriation of treasury of the Commonwealth, to Mary W. Russell, the ' sum of fifty dollars for services rendered and expenses incurred by her late husband William S. Russell, deceased, in connection with the copying of the Plymouth Colony Records ; and the same is hereby appropriated.
Approved April 29, 1863.
Resolve authorizing the sale of certain real estate belong- Chap. 93. ixG to the commoxavealtii, in the city of boston. ^
■Resolved, That the treasurer and receiver-general, with saie of estate in
ji 1 • 1 , n 1 1 •! 1 J South Street au-
the advice and consent oi the governor and council, be and thonzed. is hereby authorized to sell so much of the real estate, numbers one hundred and seventeen and one hundred and nineteen .^outh Street, in the city of Boston, as will convey to the purchaser the fee in one-half of the partition walls between the said buildings and buildings about to be erected on the adjoining lots. " Approved April 2Q, 1863.
588 1863.— Chapters 94, 95, 96, 97.
Chcit) 94: I^ESOLVE IN AID OF THE ERECTION OF A MONUMENT TO SUMNER H. ■^ ' * NEEDHAM.
Appropriation of Resolved, That there be allowed and paid out of tlie treasury of the Commonwealth, to the city of Lawrence, the sum of six hundred dollars, to defray in part the expense incurred, in the erection of a monument over the remains of Sumner H. Needham, a member of company I, sixth regiment Massachusetts volunteers, who, on the nineteenth day of April, in the year eighteen hundred and sixty-one, fell a victim to the passions of a secession mob in the streets of Baltimore : and the governor is hereby, authorized to draw his warrant accordingly, from any moneys not otherwise appropriated.
Approved April 29, 1863.
Chop. 95. Rt^SOLVES CONCERNING CERTAIN ROADS BELONGING TO THE COMMON- -* * "^ ' AVEALTH.
Proceedings au- Resoluecl, That thc attorney-general be and hereby is Boston and^Hox- au thorizcd, to commence proceedings against the Boston and ration'!^'^' ^°^'^°' Roxbury Mill Corporation, for any breach of its agreement to keep its roads, dams and bridges in good repair, until May first, in the year eighteen hundred and sixty-three. Rights or ease- Resolved. That any arrangement which may be made by
ments, how con- .'. iii- i -i
firmed. thc comuiissioners on public lands, in regard to any rights
or easements in said dams, roads and bridges, under the two hundred and first chapter of the acts of the year one thousand eight hundred and sixty-one, shall be subject to approval and confirmation by the legislature.
Approved April 29, 1863.
Cheep. 96. Resolve in favor of william white, for stereotype plates ^ ' * for the general statutes.
Appropriation of Rcsolved, For the reasons set forth in the petition of William White, that there be allowed and paid out of the treasury of the Commonwealth, to said petitioner, the sum of fourteen hundred and sixty-six dollars arid eighty-six cents, in full payment for the stereotype plates used for printing the General Statutes, and the same is hereby appropriated. Approved April 29, 1863.
Chap. 97. Resolve in aid of a monument to luther c. ladd and addison
O. WHITNEY.
Appropriation of ResoIvcd, That the sum of two thousand dollars be and the same is hereby appropriated for a monument of marble or granite to Luther C. Ladd and Addison 0. Whitney, (the first martyrs in our second struggle for national existence,) to be erected in some public place in the city of Lowell,
$1,4€6.86.
1863.— Chapters 98, 99, 100. 589
umler the direction of his excellency the governor, in con- nection "with the city council of said city ; and the governor is hereby authorized to draw his warrant accordingly : ])ro- Proviso. I'ided, that said city shall raise a sum of not less than two thousand dollars for the same purpose.
Approved April 29, 1863.
HeSOLVE making an APPROrRIATION FOR SURVEYS, PLANS AND Ckdi). 98. EXPENSES INCURRED BY THE COMMISSIONERS ON HARBORS AND ^ '
FLATS.
Resolved, That there be allowed and paid out of the Appropriation of treasury of the Commonwealth, a sum not exceeding five ^ ' thousand dollars, for surveys, copying plans, and contingent expenses, under the direction of the commissioners on the harbors and fiats of the Commonwealth ; payments to be made, from time to time, as approved by the governor and council : and the same is hereby appropriated.
Approved April 29, 1863.
Resolve authorizing the attorney-general to appear before
THE general assembly OF CONNECTICUT, IN REGARD TO CERTAIN
• Southwick Ponds.'
Chap. 99.
WATER RIGHTS.
Resolved, That the attorney-general be and is hereby Attome^generai authorized to appear before the general assembly of the state s^on^Sf waterroir of Connecticut to oppose any action of said assembly, having ~ for its object the diversion of the waters of " Southwick Ponds," and their tributaries, from their natural outlet in this Commonwealth, into the Farmington River, in the state of Connecticut ; and to protect the interests of this Common- wealth and its inhabitants, in said waters.
Approved April 29, 1863.
EeSOLVES CONCERNING THE PRESENT REBELLION. Ckat). 100
Resolved, That Massachusetts reaffirms her loyalty to the Loyalty of Mas- constitution and to the union of the United States of Amer- ^^Id"^ ^^ ica, to the general government, its officers and magistrates, and to all the laws, acts and proclamations by which the government aims to preserve the national integrity, and to enforce the national authority ; and pledges to the main- tenance of the same all her moral, physical and material resources.
Resolved, That since it is the main and vital object of our Declaration for national organization " to promote the general welfare and aiT foms^'of'ty?- secure the blessings of liberty to ourselves and to our ^nny and vassai- posterity," she cordially recognizes the policy, the justice ^^^' and the necessity of the ultimate extinction of all those forms of tyranny and vassalage which have hitherto marred
37
590 1863.— Chapter 100.
our national unity and power ; and that she countenances,
approves and will ever maintain all lawful acts of the
constituted authorities which recognize and contemplate this
end.
Thanks tendered Resolved, That shc tcudcrs to thc president, and to the
national forces"'^ officers and mcu of our national forces her profound thanks
for their untiring efforts in the cause of our country, which
being one with the cause of universal freedom and humanity,
is destined under God and through our unflinching loyalty,
to be crowned with success.
Copy to be trans- ResoluecL That his excellency the governor be requested
mitted to presi- . .' n ■, , i • i c ^
dent. to forward a copy oi these resolves to the president ot the
United States. Approved April 29, 1863.
I^' The General Court of 18G3, during its annual session, passed two hundred and fifty Acts and one hundred Resolves, all of which received the approval of the Governor.
The Acts may be classified as follows :
General Statutes, or Acts of a public character, . . .132 Special Acts, relating to individuals and corporations, . . 118 — 250
INAUGURAL ADDRESS
HIS EXCELLENCY JOHN A. ANDREW.
At twelve o'clock on Friday, the ninth day of January, His Excellency the Governor, accompanied by His Honor the Lieutenant-Governor, the members of the Executive Council, and officers of the civil and military departments of the government, attended by a Joint Committee of the two Houses, and the Sheriff of Suffolk, met the Senate and House of Representatives, in Convention, and delivered the following
ADDRESS.
Gentlemen of the Senate and
House of Ptepresentatives :
Assembled in the Capitol of the Commonwealth to inaugurate the political year with becoming ceremonies, and to enter upon the honorable duties of your trust as law-givers of the People, I join you in humble thanksgiving to Almighty God for the merciful providences which have attended all the experiences of the year which has closed behind us ; and for the promises and signs of His continued favor to the obedient.
I invite your thoughtful consideration of the attitude, affairs, prospects and duties of the Commonwealth.
The permanent Public Debt, exclusive of the loans of the credit of the Conimonwealtli to various Raikoad Corporations, is $5,257,000 00
592
GOVERNOR'S ADDRESS.
Provision has been made for this debt as follows : —
7,716 shares "Western Railroad stock at $140 per
shares is, Back Bay Lands Fund, Almshouse Sinking Fund, Union Loan Sinking Fund, Claims of the State against the United States, say,
$1,080,240 00
375,000 00
69,260 00
1,771,525 00
1,800,000 00
$5,096,025 00
The receipts into the Treasury of the Commonwealth, from the ordinary revenue for the year 1862, were 82,947,- 732.48, and were derived from the following sources, namely : —
Direct State Tax of 1862, . . $1,763,108 62 Balance of direct State Tax for
former years, .... 13,048 56
Bank Tax,
Savings Bank Tax, ......
Insurance Tax, .
Insolvency Courts, ......
Income from Sinking Funds applicable to the extin- guishment of public debt, and accrued interest on scrip sold, .......
Miscellaneous, .......
$1,776,157 18
654,022 50
228,683 21
111,021 79
32,652 00
112,022 91 33,172 89
$2,947,732 48
The disbursements for the year amounted to ^1,683,390.93, and were for the following purposes : —
Executive Department, including the* Governor
and Council, Secretary's, Treasurer's, Auditor's,
and Attorney-General's Departments, Judicial Department, .....
Legislative Department, ....
Agricultural Department, ....
State Library, ......
Sergeant-at-Arms, including State House accounts Bank Commissioners, .....
Insurance Commissioners, ....
Military Department, .....
Disbursements for Charitable Institutions, &c.. State Aid to Families of Volunteers, Miscellaneous, ......
Disbursements for Correctional Institutions and
purposes,
Interest, including $51,463.35 premium on coin,
$60,455 99
110,047 44
128,393 45
30,881 67
4,300 00
13,900 78
8,388 09
5,502 53
37,330 20
320,323 50
435,251 77
61,415 99
142,512 64 324,686 88
$1,683,390 93
GOVERNOR'S ADDRESS. 593
The collections of the revenue have been promptly made ; and, although in the midst of war, and, notwithstanding the millions of dollars by voluntary contributions and public ai)propriation expended in various forms of succor to our brave defenders in the field, and of relief to their families at home, the Treasury of the Commonwealth presents a spectacle of strength and prosperity usual only in peace, and worthy the resources and patriotism of the people of Massachusetts.
The returns from tlie cities and towns on account of aid furnished to the families of volunteers during the year 1SC)2, exhibit the amount of about two millions of dollars, for which the Municipalities have a claim to be reimbursed Vty the Commonwealth and for which provision will need to be made by the present General Court. This belongs to a class of public burdens which will be met by the people with cheerful alacrity.
Interest on the bonds of the Commonwealth lent to the Eastern Railroad Company for -^500,000, and to the Norwich and Worcester Railroad Company for -$400,000, became due at the State Treasury on the first days of July last and of January current.
The price of coin to pay this interest July 1, 1862, was 10 per cent. ; January 1, 1863, 33 per cent.
The amount of interest due July 1, 1862, was $24,500, the premium on gold, 10 per cent., $2,450 ; the amount of interest due January 1, 1863, was $24,500, premium on gold 33 per cent., $8,085. Total, $49,000, at a premium of $10,535.
The payments were made by the Treasurer in coin as required by law, but their reimbursement in coin, demanded by the Treasurer, was refused by the corporations for whose benefit the credit of the State was pledged, which repaid those sums only in United States currency, legally tendered to the Treasurer, at a loss to the treasury of $10,535.
RAISING TROOPS IN 1862.
At the close of the year 1861, Massachusetts had sent to the field 3,736 militia for three months' service, and twenty- two regiments and eight companies of infantry, one regiment of cavalry, five l)atteries of light artillery, and two compa- nies of sharpshooters, volunteers for tlircc years. During the year 1862, 4,043 militia were assembled at Boston, (in the month of May,) on requisition from the Federal Gov- ernment ; and thirty regiments and four companies of
594 GOVERNOR'S ADDRESS.
infantry, three companies of cavalry, five batteries of light artillery, five companies of heavy artillery, and two compa- nies of militia (Cadets,) were sent into Federal service. Since the new year another battery of light artillery has gone to the field. Of these, thirteen regiments and three companies of infantry, the three companies of cavalry, four batteries of light artillery, and the five companies of heavy artillery, were three years' volunteers ; seventeen regiments of infantry and one battery of light artillery were mustered for nine months, and one battery of light artillery and one company of infantry for six months. Of the two Cadet companies, one remained in Federal service for two months and one for five months. There are now recruiting in the State an additional regiment of cavalry, three more light artillery batteries, and another company of sharpshooters. Including these, Massachusetts has at this time in the service of the United States fifty-two regiments of infantry, two regiments and three companies of cavalry, fourteen batteries of light artillery, one regiment and three companies of heavy artillery, and three companies of sharpshooters, which computed at their full strength would make an aggregate of 60,000 men. But many of these corps are now far from full. The rolls of some show less than a third of the full strength for duty, such has been the loss by battle and disease, without a corresponding accession of recruits. During the year 1862, however, nearly 7,000 recruits appear, by the statement of the Federal Superin- tendent of the Recruiting Service, to have been sent to the Massachusetts regiments in the field ; and according to an estimate reported to me by the Adjutant-General, more than 1,200 were sent in 1861. This branch of the service has long been within exclusive control of Federal officers, having been organized in December, 1861, by an Order of the War Department. A General Superintendent of the Recruiting Service was designated by the Secretary of War, and stationed at Boston, under whose direction recruiting parties sent back to the State from the corps in the field, pursue their work, and from whom, together with the Federal staff officers on duty here, the funds are drawn for the Federal bounty and advance pay, the authorized expenses of recruiting, and the subsistence, equipment and transpor- tation of recruits. The extent of the power of the State Government has been to encourage enlistments into old corps in preference to new organizations, whenever and however it has had opportunity, by popular appeals, and by personal and written advice to municipal magistrates. Its
GOVERNOR'S ADDRESS. 595
exertions to this end would have been more effective, had the duties of tliis recruiting service also been imposed upon it, in like manner with the original raising of volunteer corps. The line of demarkation drawn by the Federal Government, is well defined, assigning to the State Govern- ments the labor of raising new corps, the recruitment for which, after they have once been completed, and have passed into Federal service, it reserves to itself, and executes through the recruiting parties detailed by regimental commanders, and acting under the army officers detailed from the head-quarters of the army to superintend recruiting in the States. During the past year, it has reserved also the provision of all supplies, of whatever description, pertaining to the staff departments of the army, as well for the new troops raised by the States, as for recruits for old corps. The advantages to the Federal Government of this system, are obvious, in preventing inflation of the prices of goods by competition between the different States, and in securing uniformity of cost, color, shape and quality. But its inevitable circumlocution, in respect to the new corps, and the inability of the State Government always to control the provision and issue of supplies to the best advantage — in the absence of any depot of supply in New England — were clogs on our recruiting service which we did not encounter in 1861, when the State delivered its regiments to the Federal Government, fully armed and equipped at its own expense. Nevertheless, the number of troops sent from the State in 1862, largely exceeded that of the previous year, the period occupied being about the same in both, for during the spring of 1862 the Federal Government pursued the policy of refusing to accept new troops, and even dis- continued for awhile the recruiting for corps already in the field. Early in June, however, it was resumed, and a call for 15,000 more volunteers for three years was made on Massachusetts, which in August was followed by the call for 19,000 militia for nine months. A comparison of the dates at which the various corps raised by the State during the two years, were sent into active service, shows that notwith- standing the change in the system of supplies, and the increased difficulty of recruiting, by reason of so large a portion of the population of military age having already been enlisted, the military movements of 1862 were as prompt and active as were those of 1861. [The table marked (A) attached to the printed copy of this Address, affords means for the comparison.] Whatever may have been the comparative disadvantages under which in 1862
596 GOVERNOR'S ADDRESS.
we assumed the duty of raising anew the Massachusetts contingent for the Union army, the unfaiUiig patriotism of the people and the powerful support of the municipal gov- ernments enabled us to overcome all difficulties.
The orders fixing the time for marching each corps from the State, are practically determined by the military autho- rities of the United States. I have always insisted, that, so far as possible, every corps should receive a full outfit and equipment before leaving the Commonwealth. Thus much I have felt was demanded by my duty to the soldiers and the people. And I deeply regretted the denial of our request that all of the troops of Massachusetts destined for expeditions by sea, should be permitted to remain in barracks and to embark from our own ports, where the Government of their own State could protect them from such needless hardships and perils as were encountered by some of them in their encampment and embarkation at New York.
The conduct of the troops of this Commonwealth, whether in camp, on the march, or under fire, has won the unqualified commendation of all the generals under whom they have served. They are universal favorites, sought for by com- manders for their intelligence, obedience and valor. Inter- esting reports of their military history from the colonels of many of the corps, and letters from many general officers under whom they have acted, have been received, which afford evidence, besides that derived from other sources, of the brilliant heroism and patient endurance of these sons and brothers of our people. These documents are all in the hands of the adjutant-general, who will remember them in the preparation of his annual report.
THE DRAFT.
It is impossible to find space in this address to narrate all the proceedings under which our contingent of militia was raised. The requisitions from the national government, the regulations under which this department was conducted, the orders emanating from the military head-quarters of the Commonwealth, the rules there adopted and its methods of proceeding, will be recited in the report of the adjutant- general. And a full and carefully prepared narration and explanatory statement of all matters relating especially to the drafting of militia, will be found in that report.
The orders for nineteen thousand and eighty militia to be drafted for nine months' service came while we were yet raising a part of our contingent of the three years' volun-
GOVERNOR'S ADDRESS. 597
tecrs, called Tor on the 2d of June. The duties thus imposed, in their manifold details relating to the new enrol- ment, cxeuii)tion, computation of (piotas, distribution of quotas, and tiie like, plainly demanded the undivided super- vision of an officer to be sjieciallj detailed for that service. No oHicer then on duty could be spared for the employment. To this end, I appointed a gentleman, as an assistant adjutant-general, of rare adaptation to the precise labors these peculiar duties involved, who has performed his deli- cate and arduous task with success and intelligence which merits this acknowledgment.
Questions of grave practical importance, affecting the interests and feelings of large masses of the people, some- times involving local and geographical considerations, points of honor on which whole communities were sensitive, points of right even, touching which all men are jealous, many of them difficult, all of them new and without a precedent, have crowded upon the executive for decision. For their correct decision he alone was responsible. The responsibility could not be shared. Grateful for the cordial, intelligent and constant assistance I have always received from all the other officers surrounding me, military and civil, as oppor- tunity was afforded them, I owe to the people of Massachu- setts and to the officers of their municipal governments, an inexpressible gratitude for the considerate forbearance, the manly zeal, the unfaltering patriotism with which the determinations of this department have been accepted and sustained.
BOUNTIES.
The payment of bounties by cities and towns to encourage enlistments in the military service, thus relieving their enrolled militia from being subjected to draft, will demand your attention, and legislation will be needed in order to legalize such action of the municipal authorities. I respect- fully recommend that the Commonwealth assume all such bounties up to some reasonable and liberal amount, per capita. The call made upon a given locality for recruits, is a matter of convenience in the raising of troops. The duty of furnishing its contingent, in fact, resides in the Common- wealth itself ; and since the policy was universal, and was adopted by common consent, of sul)stituting the motive of bounties in the stead of conscription, I cannot doubt that true equity requires the burden of taxation for their pay- ment to be ascertained and laid on the taxable property and polls of the whole people, in the proportion which the whole
38
598 GOVERNOR'S ADDRESS.
burden bears to the valuation of the whole Commonwealth. Otherwise, we shall leave it to the towns to pay, not in pro- portion to their means of payment, but in proportion to the number of men they enlisted. This would seem to be unjust to the poorer towns, and the more so because such communities have already to endure the loss to their industry and prosperity occasioned by devoting their young and active men to the service of the country.
I would venture the suggestion that this is a kind of obligation whicli ought not to be unnecessarily thrown on the shoulders of another generation. The duty of bearing arms in the national defence rests on the generation of the time being. The expenses incident to the selection of the precise individuals who shall perform military duties for the com- munity, should be paid by those who constitute that com- munity ; and I recommend that a system of State taxation be adopted for the extinguishment, within five years, of this class of obligations.
DESERTION.
Desertion, in the sense of wanton flight from duty, I am confident, is rare. But, owing to the unsystematized way in which sick and wounded men were, for many months, dis- posed of ; the difficulties attendant on finding their regiments and reaching them ; and their dread of the convalescent and stragglers' camps at Alexandria ; many men not un- willing to do their duties, have been detained from their regiments, and not accounted for until at last they became marked on the rolls as absentees without leave. Certain conspicuous instances of such mistakes have occurred within my personal knowledge. Convalescent soldiers are detained as nurses in hospitals ; others are sent on detached duty of every sort, detailed to assist quartermasters and commis- saries ; rolls, returns, books of whole regiments are utterly lost on retreats or hasty marches ; and many missing men are, in consequence unjustly reported, for the time, as deserters. On lists of more than twelve hundred soldiers reported to these head-quarters as absent without leave, only some twenty liad manifestly deserted, in the criminal sense, so as to justify their being publicly announced by name. Indeed, it was the somewhat rhetorical testimony of one of the most devoted of our regimental commanders that the bravest and most daring exhibitions he had witnessed during the war were the efforts of his men to escape to the front.
GOYERXOR'S ADDRESS. 599
I, of course, do not include in these remarks those persons attracted by recent bounties, of whom there have been too many strivino; to enlist without the jnirpose of serving.
Acknowledgment is due to the municipal magistrates, of their cordial co-operation witli the Provost-Marshal in his efforts to restore absentees to their regiments, undiscouraged by the difficulties in the Federal system of reimbursing the expenses of such service.
REGIMENTAL ROLLS, AND THE SOLDIERS' FAMILIES' RELIEF
LAW.
The perfectness of our regimental rolls, (necessarily and constantly changing,) and the facility of access to the information they should supply, are in the immediate present, and will be for many years to come, objects of grave practical importance. The relief afforded by tlie towns to the families of volunteers, the reimbursement of the towns therefor, the adjustment of questions concerning national bounties, bounty lands and pensions, are among the more apparent reasons for solicitude in rendering these records full, authentic, and easy to be consulted and understood. Nor is it any more than just to our volunteers, their families and posterity, to say nothing of the claims of history upon the fidelity with which we record the great transactions of our time, that the name and fate of every actor in the War should be preserved in permanence and without error. I have therefore caused measures to be recently takgn in the office of the Adjutant-General for the thorough revision of all the regimental rolls and for the preparation of an '
additional roll, with an alphabetical arrangement, containing in eleven columns, a consolidated outline of the particulars needing to be known and of possible attainment.
I respectfully call your attention to the condition of families dependent on volunteers who have fallen in the service by wounds resulting fatally or in permanent disability. The death or discharge of such, in many cases, puts their families in danger of pauperism, which the temporary con- tinuance of the State relief might permanently avert. I am aware, there is a sense in which it seems true that you can scarcely do one more harm than to help him ; and yet the duty of society imposes the utmost solicitude to assist those to help themselves who have lost their natural stay and staff in serving the common cause.
But no public benefaction can supply the deepest want of all. The gentle and sympathizing offices of neighborly
600 GOVERNOR'S ADDRESS.
kindness and personal good will, alone can cheer the sorrowing heart of widowhood, encourage the sinking hopes and smootli the rugged way of orphanage.
The Act for the relief of the families of volunteers includes among its beneficiaries the brothers and sisters, standing in need of aid, dependent on the volunteer at the time of his enlistment. But by an omission, apparently inadvertent, it does not include them in the class of dependent relatives, the expense of whose relief shall be reimbursed to the towns by the Commonwealth. 1 recommend an amendment supplying this omission.
THE ORDNANCE BUREAU.
I have already alluded to the change in the method of equipping our troops which has occurred within the year, the State having provided their original supplies in 1861, the United States in 1862, This was the case also with their armament. During the past year, tlie State received from England nearly six thousand Enfield rifled arms, being the remainder of the purchases made there by its agent in 1861. All of these, together with such other effective arms as it already held, were issued to its troops, but for the remaining arms necessary, it was obliged to draw upon the Federal Ordnance Bureau, from which there were received during the year, 8,100 Springfield, 2,700 Enfield, and 3,600 Austrian muskets, all rifled. Of the thirteen volunteer three years' infantry regiments, which marched from the State in 1862, one, (the Twenty-eighth,) received its arms in 1861, and two, (the Thirtieth and Thirty-first,) were furnished independently of the State Government. The remaining ten were armed, five with Springfield and five with Enfield rifled muskets. Of the seventeen regiments of nine months' infantry, four received Springfield rifles, five Enfield rifles, two Windsor rifles, four Austrian rifles, and two Springfield smooth-bored muskets. So far as the State Government was able to discriminate, it issued the superior arms to the regiments having the longest term of service ; but owing to the receipt of the arms from the United States by instalments proportioned to the progress of the recruitment, its discretion in this respect was incon- siderable.
The State Arsenal is now almost empty of arms belonging to the Commonwealth. Less than a hundred rifles remain there, and hardly enough smooth-bored muskets to arm a single regiment. Of the fragments of oUr Yolunteer Militia,
GOVERNOR'S ADDRESS. 601
the Cadets of the First and Second Divisions, four companies of cavalry, one section of artillery and a single company of infantry alone remain ; and these are not all armed. In time of peace such destitution of military supplies would awake ai)prehension. In such a time as this, I can regard it only with the utmost anxiety. I have the honor, there- fore, to repeat earnestly the recommendation which I addressed to the Legislature of the last year, that contracts be immediately authorized for the supply to the State of not less than fifteen thousand stand of first-class arms, and that domestic industry and skill be employed for their manufac- ture. Our Springfield rifles are unquestionably superior to any of foreign make which can be imported at equal cost.
In this connection I regret to be obliged again to allude to the abuse of arms issued to militia companies, and at the camps of rendezvous, more especially at those of the nine months' than of the three years' volunteers. The report of the Master of Ordnance will afford exact information con- cerning this grievance, which is important not only on account of its pecuniary consequence, but as indicating an inadequate standard of military discipline. And of even greater possible consequence is the fact that upon sudden emergency dependence must sometimes be placed upon the arms so abused.
A new National Militia Law may reasonably be expected. Congress cannot long defer this duty. Meanwhile, this Commonwealth can by certain modifications of its own legislation, and by furnishing the needed arms and equip- ments, create an active body of troops adapted to all the purposes of a State militia.
The reasonable security of the State demands a militia organization which shall include in addition to infantry, two regiments of cavalry and at least five batteries of light artillery, for whose arms and equipment I recommend that an ajipropriation be made. The park of field-pieces now owned by the State, would be inadequate for actual service, in view of the modern improvements in artillery. The larger part of this military material, when obtained, should remain on deposit in the arsenal ; and for the ordinary use of the infantry regiments of militia, for drill and parade, a number of second-class arms should be provided, which can readily be purchased on reasonable terms, the importation of them into the country during the past year having exceeded the demand for them for active service.
Two unserviceable iron guns, six pounders, have been delivered by the ^Master of Ordnance, on consultation Avitli
602 GOVERNOR'S ADDRESS.
the Governor and Council, to Dr. Upbam, the Massachusetts urgeon in charge of the hospital at Beaufort, North Caro- lina, to be used as gateposts of a fence which he was erecting at his own expense, around the hospital cemetery where repose the remains of many of the soldiers of our Common- wealth, heroes of Roanoke and of Newborn.
Since the summer of 1862, several of our volunteer corps, which reported that their colors had become unfit for use by being torn in battle and worn by the exposures of service, have been supplied by the Master of Ordnance with new flags, upon the return to his charge of those which they had borne so honorably through two campaigns. I respectfully ask an appropriation to cover the expense thus incurred, and of the replacement when needed, of the colors of all the Massachusetts troops. It is our proud satisfaction to know that never yet has the white standard of this Common- wealth been surrendered to the enemy.
FOETIFICATIONS AND COAST DEFENCE.
Under date of October 14th, 1861, a circular letter was addressed by the Federal Secretary of State to the Governors on the seaboard and the lakes, requesting them to submit to the Legislatures of their States the subject of coast defences, and urging that such defences should be perfected by a temporary use of the means of the States, on confer- ence with the Federal Government and with the assurance of reimbursement from the Federal Treasury. Tliese sug- gestions were immediately acted upon, especially by the Governments of Massachusetts and Maine, whose seaboard is more extensive and exposed than that of any others of the loyal States. Information was requested and partially obtained from tlie War Department to enable an estimate of tlie cost of completing and arming the fortifications projected for the Massachusetts coast ; and the subject was presented to Congress in the belief that the system to be pursued by the States in respect to the advance and employ- ment of their funds and the time and manner of reimburse- ment, should be defined by Federal legislation. No Federal legislation, however, was procured, although earnest appeals were made to the appropriate committees, the State. of Maine being represented before them by commissioners deputed for the purpose, and Massachusetts by the Governor, the Master of Ordnance, and a number of the most prominent merchants of her capital. Notwithstanding this inaction, the Legislature of Massachusetts, in February, adopted a
GOVERNOR'S ADDRESS. 603
Resolve authorizing the Governor, "with the advice of the Council, to enter into contracts to the amount of five hundred thousand dollars, for the manufacture of ordnance suitable for the defence of its coast, but with the restricting provisions that advertisement should be made for propoi-als for these contracts, and that the work should be done under the supervision of officers to be appointed by the Govern- ment of the United States. By an estimate based on the data procured from the War Department, and revised by consultation with such Federal ordnance-officers as were accessible, the cost of completing the armament of the Massachusetts coast, according to the project of the Engineer Bureau, was calculated at about twelve hundred and twenty thousand dollars for guns of the calibre of eight inches and upwards, after making allowance for all such ordnance which could be expected to be received from the Federal Government during the years 1862 and 1863 ; and the cost of the lesser calibres would swell the amount to much more than fifteen hundred thousand dollars. The legislative Resolve, therefore, had it been susceptible of execution, would have made provision for about one-third of this amount. Directly upon its passage application was made to the War Department for the detail of an ordnance officer to superintend the work ; but the request was declined from unwillingness to spare any such officer from strictly Federal service. While this application was yet undecided, the conflict occurred in Hampton. Roads between the Merrimack and Monitor ; the former theories of naval attack and coast defence were suddenly disturbed ; and a serious doubt was cast upon the stability of any projects of fortification or armament of our harbors. At this time my presence at Washington was officially requested by the Department of War, and I was there urged to propose to the Legislature to concentrate its expenditure upon the immediate construc- tion of iron-clad vessels for coast defence. The result was the passage of the Resolve of March 25th, authorizing the use of any portion of the sum provided for ordnance by the Resolve of February 14th, in building one or more iron- clad steamers for the protection of the coast of Massachu- setts. A committee of two members of the Executive Council, to wliom were added the President of the Boston Board of Trade, and an eminent civil engineer, was fortli- witli charged with the execution of this Resolve. The plans for such a vessel were in progress, and parties stood ready to contract for the construction, when a protest against the work was received from the Department of the Navy,
604 GOVERNOR'S ADDRESS.
alleging that that Department was willing to put " under construction in every part of the country, all that the utmost resources of the people could accomplish," and that it was " sorry to find a State entering the market in compe- tition with Government, the result of which could only injure both parties." To this the answer was returned that there were at least two mechanical establishments in Massa- chusetts capable of building such vessels immediately, but that it did not appear that Government had attempted to engage the services of either of them. The reply of the Navy Department was an offer to each of these establish- ments of a contract for building an iron-clad steamer ; and on the same day the War Department advised me that as the Department of the Navy desired to have exclusive control of the building of such vessels, it was " glad to have it do so," and withdrew its own desire that Massachu- setts should proceed further in the enterprise. Almost simultaneously the Ordnance Bureau of the War Depart- ment replied to my inquiries, that it had " engaged to the full extent of their capacity all the foundries which are known to be prepared to cast suitable and reliable heavy cannon " " for arming the fortifications on the coasts," and that it was " not thought that any aid from the State Legislature is necessary to expedite the work." A renewed application to the Department for the detail of an ordnance officer in accordance with the Resolve of February 14th, was now again refused ; and by this refusal that Resolve seemed to be practically annulled, for the result of the conflict between the Merrimack and Monitor had rendered the advertisement for proposals for any armament, unless of very large calibre, of at least doubtful expediency, and the want of a proper officer to frame the proposals and superintend the work rendered it impossible to execute the provisions of the Resolve. Nevertheless, the fact remained that our harbors were comparatively defenceless ; and yet so far as could be inferred from the letter of that Cabinet Minister who was the exponent of the foreign policy of the nation, there was need that they should be instantly armed, and by the States. But while the reports of the Engineer Bureau showed that it was of more importance to arm the land batteries which were ready to receive their cannon, than to throw up new works, those of the Ordnance Bureau further sliowed that all the foundries in the country which were capable of casting suitable ordnance, were engaged to the full extent of their capacity ; and the protest of the Navy Department had prevented the construction by us of
GOVERNOR'S ADDRESS. 605
floating batteries for harbor dcfciico. It became evident, therelore, that tlie only mode for tlie State to supply its needs, would be by inducing established foundries to greatly enlarge tboir works, or new parties to build new foundries ; for the proposition urged upon Congress for the establisli- ment of a great National Foundry bad failed, from causes to which it is needless to allude. In pursuing inquiries in this direction, it was believed that Professor Treadwell, and gentlemen with whom he was associated, could be induced to build immediately new and extensive works to make the ordnance which bears his name, provided that a contract could be entered into with the State, to an amount sufficient to justify the large investment of private capital which would be required. I at once submitted to an able commission, ■ consisting of the Master of Ordnance, an officer of ray personal staff, and two distinguished civil engineers, the question of the ascertained or probable merits of the Tread- well gun, especially with regard to the attack or defence of iron-clad batteries, and to its capacity to penetrate iron plates with solid shot, and also the question of the feasibility and advantages, or otherwise, of an attempt to supply in part by its manufacture, our deficiency of ordnance. Their report was unanimous in favor of, the merits of the gun, and recommended that the State should enter into a contract for one hundred rifled hundred-pounders of that pattern, and make such an appropriation as would enable the construction of a greater number, if their early success should render such an increase desirable. On his part Professor Treadwell, with responsible associates, was ready to engage to establish a foundry which should deliver ten of these hundred guns within six months, and the remainder within eighteen months. The report of this committee, together with all the communications from the Bureaus of the War Depart- ment, and other documents illustrative of the subject and of the difiiculties which hampered action under existing legislation, were laid l)y me before the Joint Committee of the General Court on Federal Relations. The committee, on April 2-lth, reported a Resolve free from the provisions which were impracticable of execution in that of February 14th. This Resolve was adopted by the House of Represen- tatives without a division, and received its several readings in the Senate, where on its passage to be enacted, during the last night of the session, it was defeated by a single vote, the opposition to it proceeding in large part from sena- tors representing seaboard counties ; a result exhibiting a sense of security from danger.
39
606 GOVERNOR'S ADDRESS.
Constantly mindful of the vast interest involved in the whole subject of coast defences, I have continued corres- pondence with the appropriate bureaus of the Departments of War and the Navy ; and am prepared to exhibit to a committee of the General Court their latest conclusions, with the facts on which they rest, both as contained in unpublished documents and in private though official communications.
HARBORS AND FLATS.
By a Resolve of the last General Court a commission was established upon the Harbors and Flats of the Common- wealth, with directions to report to the Legislature by the fifteenth day of the present month. I am advised that probably no report embracing any system for the care and preservation of the harbors, and the use and disposal of flats, belonging to the Commonwealth, can be made during the current session. But it is believed that during the approaching spring, the Commissioners will be enabled to receive opinions and information from the officers of the United States Coast Survey, resulting from their recent and exliaustive examinations, without which it would be unsafe to venture to mature any of the plans contemplated in the constitution of the commission. I take the liberty to urge again the views I had the honor to suggest in this place a year ago, in reference to the proprietary and commercial rights and interests of the Commonwealth, involved in the intelligent, scientific and systematic care and disposition of our principal harbors and their flats.
Cared for by the State as a prudent owner would guard his own property, I believe the flats in Boston Harbor may be ultimately made the source of a vast fund in money, and of great benefits to the commercial prosperity of Mas- sachusetts, and that shore owners holding water fronts now of little value, may, by uniting with the Commonwealth in a common purpose for the improvement of all, reap a common advantage, and the taxable wealth of the city and State derive a large addition. Harbors are, in a just sense, a property held in sacred trust for the commerce of all nations and to promote the civilization of mankind. They ought to be protected by the Government with sleepless and jealous vigilance.
THE TROY AND GREENFIELD RAILROAD.
The Act of the last General Court, (Acts of 1862, chapter 156,) " providing for the more speedy completion
I
GOVERNOR'S ADDRESS. 607
of the Troy and Greenfield Railroad and Uoosac Tunnel," directed the appointment of " three able, impartial and skilful Commissioners to investigate the subject of finishing the Tro}' and Greenfield Railroad and of tunnelling the Hoosac ^[ountain, whose duty it shall be to re{)ort to the Governor and Council what, in their judgment, will be the most economical, practical and advantageous method of completing said tunnel and road, the estimated cost of fitting the same for use, the time within which the tunnel can be completed, and what contracts can be effected, and with what parties, for completing said tunnel and road, and the pro')able cost of the same, the probable pecuniary value of the road and tunnel when completed, the sources and amount of traffic and income, and all other facts in their opinion useful to assist the Governor and Council in deter- mining the best method of securing a continuous railroad communication between Troy and Greenfield." Certain other powers and duties were conferred on the Commis- sioners, in part preliminary, and in part subsequent, in their operation, to the rendering of their report to the Governor and Council. Under this Act three gentlemen were appointed, each one of whom was carefully selected as being, in the words of the Act, at once " able^ impartial and skilful.''' They entered forthwith upon tlie perform- ance of their task and have pursued it constantly with the aid of engineers of the first distinction, one of whom has visited and explored all the great railway tunnels of Europe and collected all the knowledge attainable there tending to illustrate the questions of science and experience submitted by the law to the Commission. An elaborate report has been prepared by this gentleman and is in the hands of the Commissioners, under whose direction the drawings con- nected with it are being reduced for convenience in printing. A similar report from another engineer of large experience in construction of tunnels in this country, has also been prepared for the board.
The report of the Commissioners to the Governor and Council is not yet made, but it is understood to be in rapid preparation. 1 am unable, therefore, to communicate to the Legislature, at the beginning of its present session, so fully as I had hoped, on the subject of this important and interesting enterprise of establishing a new avenue for our trade with the West, piercing the Green Mountain range, and opening up to greater activity the economical resources of our Northern tier of towns. I trust that the conclusions and reasoning of the Commissioners, when published, will
608 GOVERNOR'S ADDRESS.
settle conflicting opinions in the minds of the people, and, if favorable to the active pursuit of the enterprise, that its prosecution will enjoy an unanimous support. The work can be pursued relieved from all factitious embarrassments, and contracts can be made by those in the sole interest of the Commonwealth, superintended by citizens of the highest experience and capacity.
BANKING AND CURRENCY.
Tiie report of the Bank Commissioners will exhibit the condition of our banking institutions. I repeat my former suggestions that radical changes in our financial system should be adopted with great caution.
The Secretary of the Treasury in his recent able report on the financial affairs of the nation, recommends to Con- gress the creation of a national system of banking which, if carried out, may interfere with our own, and may deprive the Commonwealth of a large income now derived from the tax on banking capital. The Secretary's plan is to authorize free banking, .to be based on a deposit of national bonds. This course, he suggests, will create a demand for govern- ment securities ; will furnish a perfectly safe, convenient and uniform currency ; will check the circulation of bills of unsafe banks ; and greatly tend to strengthen the Union of the States. It is believed by some that if this system should be authorized, many of our banks would fall into it, while others equally well informed believe that most of them would continue to act under their present charters. The Secretary proposes no coercive measures except a slight tax on the circulation of the old banks. While this tax might be injurious to the country institutions which derive a large profit from their circulation, its effect on those in the large cities would be light, for there the circulation is unimportant.
Moneyed corporations are naturally cautious in their movements, and are inclined to hesitate and deliberate much before adopting new methods. But whatever may be the operation of the Secretary's system on the New England banks, there can be no doubt of its great usefulness to the West, where an abundant and safe currency has never existed, and thus indirectly the whole country will derive a benefit proportional to the advantages of a national currency, simple, uniform and of unquestionable value. Should Congress adopt the system proposed, securing to the United States some part of the profit derivable from the
GOVERNOR'S ADDRESS. 609
issue of paper money, while it would probably compel Massachusetts to al)andon the revenue received from its tax on the banking capital of the Commonwealth, it would at the same time relieve the people from their liability to other taxation for the support of the National Government and the payment of its debts, to an extent equivalent to the revenue realized to the Treasury of the United States from that source. And should the measure be adopted, it is ques- tioned even by some of its supporters whether the prosperity of our country banks would, after all, be permanently in- jured. But, much as I should regret to see any proper investment in the Commonwealth rendered unproductive by legislation, that regret would be tempered by the consider- ation that the same capital would never need to be inactive, whenever and wheresoever safe business should present itself to the enterprise of industry and skill, while whenever or wherever such business opportunities do not present them- selves, the loans of banks are of necessity less profitable and secure. Nor can it be doubtful that the substantial pecuniary advantage of New England business interests de- mands the nationalization of the currency, so that the paper representative of a dollar shall be alike valuable in Boston and in Chicago, and the indebtedness of the West to the East find at all times a medium of adjustment, and the trade between the two sections of the Northern States flow unimpeded by oppressive and ruinous rates of exchange.
PLEURO-PNEUMONIA.
Under the Act of February, 1862, three Commissioners were appointed on contagious diseases of cattle — one a vet- erinary surgeon, one a doctor of medicine, and the third a member of the executive council, all being of some agricul- tural experience. They were immediately called by the selectmen of Milton to investigate cases of disease among neat cattle which had broken out there and was creating alarm. The animals were carefully examined and found to be infected by pleuro-pueumonia. The Commissioners or- dered the entire isolation of all herds of cattle in the counties of Norfolk, Suffolk, Plymouth, and Worcester, which could, by any possibility, have come into contact with any of the infected animals. One hundred and fifty-four animals have died or have been killed by order of the Commissioners, of which number seventy-seven, or just one-half, were found diseased, and in every case but one, contact has been proved.
610 GOVERNOR'S ADDRESS.
The Commissioners are satisfied that the disease is never generated from local causes ; that it is altogether an imported disease ; that it is generally communicated by contact of breath ; that it cannot be eradicated by treat- ment ; that those cattle which have apparently recovered are really the most to be feared, from the danger of relapse ; and that, by care, the disease may be prevented from extending from one herd to another. The expenses of tlie Commission, as nearly as can now be estimated, are about $5,700. The appropriation being but $5,000, there will be a deficiency to be supplied by legislation. The disease is apparently extinguished, and has now no visible foothold in the Commonwealth. The ease and celerity of its eradication by prompt treatment on its re-appearance last year, removes all apprehension that it may hereafter become unmanageable, unless precautionary measures, when needed, shall be too long delayed.
FARMING.
The cultivated crops of the farm, the last year, were usually quite up to the average production, while fruits of nearly every description were more than ever abundant.
The increasing attention paid to sheep husbandry promises to lead to important and satisfactory results. It is for the interest of the several towns to encourage the keeping of sheep by a more rigid enforcement of the law enacted for their protection. By the returns from twD hundred and ninety-seven towns it appears that the number of dogs licensed in those' towns in 1862 was twenty thousand nine hundred and fifty-two, for which the amount paid was $22,630.20. The estimated number in those towns unli- censed, was twelve thousand five hundred and thirteen. I recommend the adoption of adequate penalties to enforce the law. Apart from the mere question of cheap produc- tion of wool, the experience of the most advanced agricul- tural nations, like England, Germany and France, goes to show that sheep are a necessity of a good general system of husbandry, on even the highest-priced lands, and amid the densest population. Yet the number of sheep has for many years constantly decreased in this Commonwealth, until within the last two years. Thus in 1840 there were three Imndred seventy-eight thousand two hundred twenty-six, by the census of the United States ; while in 1860 they had diminished to one hundred and fourteen thousand eight hundred twenty-nine, and the production of wool from one
!
GOVERNOR'S ADDRESS. Gil
million sixteen thousand two hundred thirty pounds in 1845, to three hundred seventj-threc thousand seven hun- dred eighty-nine pounds in 1800, although meanwhile, the number of neat cattle and horses had largely increased, so that the gross value of live stock, which in 1850 was 89,047,700, had, in 1860, become ^12,737,444, notwith- standing the constantly growing claims of manufactures and the mechanic arts upon the industry of our people.
The Secretary of the State Board of Agriculture spent several months of the summer and autumn in Europe, where he had unusual facilities for the study and observa- tion of the agriculture of the old world. Some account of his observations will be presented in his Report to the Legislature.
PUBLIC SCHOOLS.
Of all our public institutions, those devoted to popular education are the source of the most unmingled satisfaction and pride. It swells one's heart to feci that, in the midst of a war, in which for very national existence this people is contending on land and sea, the humblest child in Massa- chusetts may daily find an open door and an outstretched hand of welcome to all the uses and the delights of learning. The rebellion itself would have been impossible had a system of Free Schools pervaded the Union ; for they would have lifted the people of the rebel States above the chance of those delusions, fed by ambitious, jealous, and despotic men, to whose wiles popular ignorance left them victims.
The average attendance of the teachers of Massachusetts at their Institutes, is reported to be larger by twenty during the last twelve months than in any former one of the seven- teen years they have been held. The interest exhibited by the people in educational meetings has never been greater. The number of students in our Normal Schools and Colleges is believed to be diminished only by enlistments in the army of the Union. And there they have lavished a contribution of devoted patriotism, not merely on field and line, but on rank and file, illumined by intellect, and graced by culture.*
* The alumni and undergraduates of our colleges occupy every rank in the service, from those of General and Admiral, through every grade, including Surgeons and Chaplains, down to those of privates and seamen.
Harvard College has sent into the field four hundred and thirty of her sons, more than seventeen per cent, of the whole number of her living alumni ; Amlierst, of her undergraduates and graduates of tlie last five years, has sent one hundred and fifty-nine, how many of earlier classes cannot now be ascertained ; and Williams College, as nearly as can be
G12 GOVERNOR'S ADDRESS.
Our Common Schools are the distributors of those gifts of learning, of wliich the higher institutions of literature and science are the reservoirs. Every intelligent laborer helps to weave, with cunning hand, into the warp and woof of all the wealth and uses of mankind the sublimest thought and the marvellous divinations of thinkers, discoverers and inventors. For happiness, for honor, for wealth and strength, as well as for duty, let us invest a generous por- tion of the inheritance in the undecaying riches of the intellect.
The policy of emancipation is the discovery of a new world. It will open fields of effort for every variety of gift. The untutored labor, the wasteful husbandry, the unskilful mechanism, the mines unwrought, the waterfalls untamed, and all their boundless possibilities of development, invite your sons. A task is before them they cannot abandon, a destiny they cannot avert, a power no policy can dwarf, an achievement such as no history has ever written. Let nar- row partisans contrive a Union from which New England is rejected, if they will ; — the Free Schools of New England will span the moat and scale the wall. And whenever in peace or war, in arts or arms, is sought the help of, men in whose hearts courage is made strong by faith, whose think- ing, scheming and fruitful brains are guides to untiring hands instructed in every art of ingenious civilization, — the graduates of your nurseries of learning will answer to the call, freer and stronger than the wind that floats your flag, in that mysterious power, of which Minerva, leaping full armed from the brain of Jove, is the type to the reason of philosophers, as well as to the dream of poets.
SCHOOL OF AGRICULTURE AND THE ARTS. — UNIVERSITY SYSTEM.
At the last session of Congress an Act was passed (chap- ter 130 of Acts of the 37th Congress, 1st session,) granting to each of the several States a portion of the public domain *^' to the endowment, support and maintenance of at least one College, where the leading object shall be, without excluding other scientific and classical studies, and includ- ing military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts in such manner as the Legislatures of the States may respectively
learned, has given one hundred and eleven of her graduates and under- graduates to the army of the United States.
Tliirty undergraduates of the Normal Schools are also in the service of the Union.
GOVERNOR'S ADDRESS. 913
prescribe, in order to promote the liberal and practical edu- cation of the industrial classes in the several pursuits and professions in life." The apportionment to each State is " in quantity equal to 30,000 acres of land for each senator and representative in Congress to which the States are respectively entitled by the apportionment under the census oflSGO."
The Act provides that the land, aforesaid, after being surveyed, shall be apportioned to the several States in sec- tions or subdivisions of sections, not less than one-quarter of a section ; and whenever there are public lands in a State subject to sale at private entry at one dollar and twenty-five cents per acre, the quantity to which said State shall be entitled sliall be selected from such lands within the limits of such State ; and the Secretary of the Interior is directed to issue to each of the States in which there is not the quan- tity of public lands subject to sale at private entry at one dollar and twenty-five cents per acre, to which said State may be entitled under the provisions of the Act, land scrip to the amount in acres for the deficiency of its distributive share ; said scrip to be sold by said State and the proceeds thereof applied to the uses and purposes prescribed in the Act, and for no other uses and purposes whatsoever ; and it further provides that in no case sliall any State to which land scrip may be thus issued, be allowed to locate the same within the limits of any other State, or of any territory of the United States, but its assignees may locate said land scrip upon any of the unappropriated lands of the United States subject to sale at private entry at one dollar and twenty-five cents per acre.
By the provisions of the Act, it is made incumbent upon every State which desires to avail itself of its benefits, to express its acceptance of the conditions prescribed, within two years from the date of its passage ; that is, prior to July 2, 1864. And it is also required that any State which may claim and take the benefit of the provisions of the Act shall establish at least one College within five years, " where the leading oI)ject shall be to teach such branches of learning as are related to agriculture and the mechanic arts." But " no portion of said fund, nor the interest thereon, shall be applied, directly or indirectly, under any pretence whatever, to the purchase, erection, preservation or repair of any building or buildings."
The last will aud testament of the late Benjamin Bussey devises a large property and estate in trust to the President and Fellows of Harvard College, " as a permanent, public,
40
614 GOVERNOR'S ADDRESS.
corporate body, especially charged with the care and super- intendence of the higher branches of education." It directs his homestead estate called " Woodland Hill," in Roxbury, consisting of over two hundred acres of land, to be retained by the trustees, and, " that they will establish there a course of instruction in practical agriculture, in useful and orna- mental gardening, in botany, and in such other branches of natural science as may tend to promote a knowledge of practical agriculture, and the various arts subservient thereto, and connected therewith, and cause such courses of lectures to be delivered there, at such seasons of the year, and under such regulations as they may think best adapted to promote the ends designed ; and also to furnish gratui- tous aid if they shall think it expedient, to such meritorious persons as may resort there for instruction; " the institution so established to be called the " Bussey Institution."
The will appropriates one-half of the net income of the whole trust property other than Woodland Hill, " to the support of said institution, and of such branches of instruc- tion in the physical sciences, there or at Harvard College, as are subservient thereto, and connected with the great objects of said institution."
Agricultural societies, professorships, and instruction in the schools of Europe, originated about one hundred years ago ; but the first attempt to actualize the conception of scientific agriculture practically taught and illustrated in educational institutions, was made, in Germany, at the beginning of the present century by Thaer, a Doctor of Medicine, in his native town of Zell, in Hanover. His school was broken up by the French invasion in 1803. But in 1806, under the patronage of the King of Prussia, he founded an Agricultural School, with a model farm of four hundred acres, about twenty miles from Berlin, where he remained until his death in 1828. In his treatise on the principles of Agriculture (in 1809), he urges the necessity of a knowledge of botany, zoology and chemistry, and other sciences, in order to a complete comprehension and cultiva- tion of practical farming ; and concludes that " it is then evident that Agriculture ought to borroio from every science the principles ivhich she employs as the foundation of her owny
Pestalozzi originated in Switzerland contemporaneously with the labors of Thaer in Germany, his industrial or manual labor schools, near Berne.
Twenty-two years have elapsed since Liebig, combining the results of his own original researches and investigations
GOVERNOR'S ADDRESS. 615
with the jmblishcd knowledge of his time, printed his work upon " Chemistry in relation to Ai^riculturc and Pht/si- olog-//" which, immediately assuming a place in universal scientific literature, was soon read in all languages and excited a new spirit of inquiry and experiment among agri- culturists and chemists in Europe and in America. The impulse given to agricultural education by the revelations of this ma^tcr of science, was immediate. And there are now colleges, high schools, elementary agricultural schools for the peasantry, all over Europe, from Ireland to Russia, and a large number of professorships of agriculture in different universities.
Many States of the American Union, have already set on foot measures for the promotion of agricultural schools and colleges. Michigan provided for such a college in her State Constitution. One has been established in each of the States of New York, Iowa and Minnesota. But neither of these is now open. An Agricultural College has been estab- lished in Maryland, and is in operation. An embryo institu- tion, under private enterprise, exists in Illinois; so also does another, in the State of Ohio. The course of instruction in the three last alluded to, does not essentially depart from that usual in ordinary colleges. The Agricultural College of Pennsylvania is the largest and most prosperous of this class of institutions of whose existence in this country I have any knowledge. Its course of study involves a period of four years, and includes mathematics, natural philosophy, chemistry, botany, geology, paleontology, mineralogy, chrystallography, and practical agriculture and horticul- ture. A " partial scientific and practical course " is established for the benefit of those students desiring to pursue the other studies of the full course, omitting the iiigher mathematics.
Evidence of the intelligent interest of our own Common- wealth in this direction is found in the Resolves of 1850, the reports of the commissioners the next year, (embodying that of Professor Hitchcock which is to be hereafter alluded to,) and the establishment of the State Board of Agricul- ture. It is also exhibited in the charter of the Massachu- setts Institute of Technology, incorporated the lOtli of April, 1861, " for the purpose of instituting and maintain- ing a society of arts, a museum of arts, and a school of industrial science, and aiding generally, by suitable means, the advancement, development and practical application of science, in connection with arts, agriculture, manufactures and commerce."
616 GOVERNOR'S ADDRESS.
The conjunction of these dedications of public funds and private charity to scientific and practical education seems fortunate and auspicious. The main design of both is the same. There are suggestions in each which afford signifi- cant hints for our instruction. Combining all the opportu- nities they propose, an enterprise becomes possible in Massa- chusetts, grander than either.
This Congressional grant is exposed to the danger of being divided in each State among several unimportant seminaries, instead of being concentrated on one institution of commanding influence and efficiency. An institution requiring "military tactics," and "such branches of learn- ing as are related to agriculture and the mechanic arts," to be taught " without excluding other scientific and classical studies," must of necessity, to be worthy of Massachusetts, involve large expenditures, and demand an assemblage of men of the highest talents as teachers. For although agri- culture was the first art invented, it must be the last to be brought to perfection, since it requires contributions from every branch of natural science, and aid from every other art. We shall not use the grant of Congress wisely, if we make of it simply a means of giving farmers' sons such an education as they could obtain by living on a well-managed farm and attending an ordinary high school. It must be made the means of a positive increase of human knowledge in the departments bearing on agriculture and manufac- tures, and the medium of teaching not only farmers, but those who shall become teachers and improvers of the art of farming.
Such an institution should have ample lands for experi- mental purposes, and even on a moderate scale of complete- ness should embrace the following distinct professorships :
1. Mathematics pure, and applied to Surveying, Level- ling, &c.
2. Drawing and Design.
3. General Physics and Meteorology.
4. Mechanics and Engineering, especially as applied to agricultural machinery and processes, to rural architecture, road making, &c.
6. General and Agricultural Chemistry.
6. Chemical Analysis, especially as applied to soils, manures and products.
7. Botany and Vegetable Physiology.
8. Zoology and Animal Physiology, including breeding of animals, their diseases and treatment.
9. Geology and Mineralogy.
GOVERNOR'S ADDRESS. 617
10, Practical Husbandry, with superintendence of model farms.
In many of these departments one or more assistants, or suh-protessors, would be necessary, and the whole corps of instructors could hardly fall short of twenty.
The " Central School of Arts and Manufactures," in France, counts forty professors and teachers. " Tiie Con- servatory of Arts and Trades " has a number not inferior, and lias also three subordinate, or auxiliary, colleges in the Provinces. The "Polytechnic Scliool of Vienna" has fifty- eitrht instructors.
The excellent and elaborate report of Professor Hitch- cock, printed in 1851 witli our legislative documents of that year [House Doc. No. 13,] comprising the results of his learned researches and survey of the agricultural institu- tions of Europe, assigns six professors, as " the smallest number of professors with which an institution could be respectable and useful, even at Us commencement. The number is much less than it is at nearly all the higher agricultural seminaries in Europe. There it ranges from eight to twenty." The following pregnant suggestion, look- ing forward to an institution of wise and liberal breadth and of true public economy, like that which the language of our Act of Congress indicates, illustrates t!ie comju'ehonsive- ness as well as the carefulness in observation, of this report: " By the addition of a single professorship of technology to such an institution as has been described, and extending the collection of instruments to those of every art, this school might become a school of sciences, as well as of commerce and manufactures, and thus afford an education to the son of the mechanic and merchant, as well as the farmer."
The time of each of these professors need not be exclu- sively devoted to the school, but a thorough exhibition of the sciences in their relations to mechanics and agriculture is impossible without the aid of men of the highest talents, each giving himself specially to one of the departments of science ; besides the aid of men of high ac(]uirements taking charge of the practical departments enumerated.
Such men, masters in these departments, are rare, or, if found, are already l)ound by various obligations to other objects or other institutions. If our Commonwealth is to retain her wonted ])lace in noble works, we must seize, at the earliest opportunity, upon as many men of this charac- ter as may be found in the country, and at once organize our institution, to be a model for other States that may
618 GOVERNOR'S ADDRESS.
avail themselves of the grant from Congress. Not only a laudable State pride demands this, but the highest consider- ations of patriotism and philanthropy demand it.
The Act of Congress does not make provision sufficient for an Agricultural School of the highest class in each State. Nor would it be possible now to find, disconnected from our colleges and universities, as many men of high talent, and otherwise competent, as would be required to fill the chairs of one such school. But Massachusetts already has, in the projected Bussey Institution, an agricul- tural school, founded, though not yet in operation, with a large endowment, connected also with Harvard College and the Lawrence Scientific School. She can therefore, by securing the grant from Congress, combining with the Institute of Technology and the Zoological Museum, and working in harmony with the College, secure also for the agricultural student for whom she thus provides, not only the benefits of the national appropriation, but of the Bussey Institution and the means and instrumentalities of the Institute of Technology, as well as those accumulated at Cambridge. The benefits to our State, and to our country, and to mankind, which can be obtained by this co-operation, are of the highest character, and can be obtained in no other way. The details of the connection of the Bussey Institution with the Scientific School and the College, are not yet fully wrought out ; but I apprehend that little diffi- culty would be found in connecting it also with the grant from Congress, if the gentlemen who may be intrusted by the State with the work, will approach it with the percep- tion of the absolute necessity for husbanding our materials, both men and money, and concentrating all our efforts upon making an institution worthy of our age and of our people. Its summit miist reach the highest level of modern science, and its heads must be those whom men will recognize as capable of planning a great work, and of working out a great plan.
The fifth chapter of the Constitution of Massachusetts, celebrates the wisdom of our ancestors, who " so early as the year 1636, laid the foundation of Harvard College, in which University many persons of great eminence have, by the blessing of God, been initiated in those Arts and Sciences which qualify them for public employments both in Church and State," reciting that " the encouragement of arts and sciences, and all good literature, tends to the honor of God, the advantage of the Christian religion, and the great benefit of this, and the other United States of
GOVERNOR'S ADDRESS. 619
America," And it declares that it "shall be the duty of Legislatures and ^fagistrates, in all future periods of this Comuionwcalth, to cherish the interests of literature and tlie sciences, and all seminaries of them ; especially the University at Cambridge, public schools, and grammar schools in the towns ; to encourage private societies, and public institutions, rewards and immunities for the promo- tion of agriculture, arts, sciences, commerce, trades, manu- factures and a natural history of the country."
I venture the opinion that the advantages presented by the various institutions which now cluster around the College, may be so combined with other institutions as to realize more fully in actual experiment the true idea of a University. I cannot doubt that the people of the Com- monwealth have a right to those benefits ; the prevention of all the waste of means, the weakening of resources, the repetitions of professorsiiips, libraries, apparatus and other material, consequent on scattering instead of concentration. Model farms, and experimental culture in all the varieties of soil our lands present, as the wise and expert may here- after advise, and also branches or subordinate schools, are not to be discouraged. Neither are the schools and colleges for academic study already provided or contemplated, nor any gifts or grants thereto, to be less favored in the future. Nor does unity of plan and co-operation in method, of necessity imply confinement of all the departments of an institution to one place. The object should be to centralize and economize means and power, while distributing and popularizing education and its fruits.
But, in order to fulfil the highest functions of a University adapted to the wants and development of modern society, to an intellectual and free people, its professorships, libraries and apparatus should be so combined and distributed as to include the faculties of Divinity, of Law, of Medicine, of Military instruction, of Letters and Natural Science, all of them organized and represented in their highest perfection. The faculty of Divinity should have, as its basis, a strong corps of scholars versed in Hebrew literature and history, in ecclesiastic history, and in dogmatic theology, admitting as professors members of every church competent to teach. Tiie teaching of the law school should include the civil law, comparative jurisprudence, political economy and diplomacy. The faculty of letters should combine the deepest scholars in ancient literature, including Sanscrit, and the other Oriental languages, as well as Greek and Latin ; and in the antiqui- ties proper, history in all its ramifications, the modern
620 GOVERNOR'S ADDRESS.
languages and their literature, philosophy in all its branches with its history. For the faculties of medicine and of natu- ral sciences, should be combined mathematicians, astrono- mers, physicists, chemists, mineralogists, botanists, zoologists, geologists, devoting themselves chiefly to the scientific pur- suit of their study ; and also men distinguished for their eminence in the application of the sciences to the useful arts, civil engineers, architects, mining engineers, military engineers, and agriculturists.
That we should continue to build on the foundation our fathers laid, endeavoring to make actual in the life of our society their ideal, I religiously believe. Let us plan to concentrate here the "gladsome light" of universal science. Let learning be illustrated by her most brilliant luminaries, and let the claims of every science be vindicated by its bravest champion. Two-thirds of an amount equal to the Slim we annually, and wisely, expend in public and private instruction, would found professorships and furnish the fund which would give to Massachusetts a University worthy the dream of the fathers, the history of the State, and the capacity of her people.
The territory of Massachusetts comprises you know an area of 7,800 square miles, with a population in 1860 of 1,231,065, or 151-^q\ to the square mile. Massachusetts is tlie tenth in area of the old thirteen States. Of the thirty- three States considered in the census of 1860, she is in area the thirtieth. But notwithstanding the immense emigration from East to West, Massachusetts, which in 1790 was the fourth State in population, was still the seventh in 1860, her population being by the sqviare mile the densest, and in absolute increase by the square mile the largest. The value of her products by the census of that year was $283,000,000, or $229.88 for each person in the Commonwealth, not including the product of navigation. By our last year returns, the capital invested in her one hundred and eighty- three banking companies was $37,544,200 ; the deposits in her ninety-three institutions for savings amounted to $50,403,674.23, and were made by 248,700 depositors. The tonnage of vessels entered and cleared at her ports the last year was 1,691,336 tons, and the total of her foreign imports and exports was $61,972,580. The capital invested by Massachusetts in her railways whose motive power is steam, excluding many millions of her capital tlius invested in other States, is $63,272,801.71. The aggregate length of these roads is one thousand five hundred and thirty-one miles : of whicli three hundred and forty-three miles are
GOVERNOR'S ADDRESS. 621
laid with double track. Their total income for the year 1861, was 8i»,01G,140.12. They divided GyY^ per cent, to their stockholders ; leaving on hand an aggregate surplus of 83,502,290.48. The product of the capital and industry- devoted to six branches of manufactures, namely, of agri- cultural implements, sawed and planed lumber, cotton and woollen goods, leather, and boots and shoes, which in 1850 amounted to ir;6G,323,242, in 18G0 reached 1^116,499,391 ; and the farms of Massachusetts, appreciated by the demand for agricultural products created to supply her army of artisans, rose in value during the same ten years from 8109,076,347 to 8122,645,221.
Side by side with this economical prosperity stands the diminution of pauperism and crime. The number of per- sons supported in the State Almshouses and Rainsford Island Hospital was less in 1862 than it was in any but one of the last five years, and was seventeen and one-half per cent, less than the number in 1861. The expense of these institutions was less in 1862 than in any year but one since they were opened (in 1854,) being 8122,783.53, which is 812,220.86 less than their expense in 1861. The whole number of persons committed to our Jails and Houses of Correction in 1858 was fourteen thousand five hundred ninety-nine ; the number in 1862 was but nine thousand seven hundred and five. The expense of the Jails and Houses of Correction in 1858 was 8222,721.77; but in 1862, it had fallen to 8182,006.63,
The entire value of the real and personal property of the State in 1860, as shown by the Report of the Valuation Committee of the Legislature, was 8897,795,326 ; and the profits of her industry, as shown by the products of the year, were thirty-three per cent, upon her valuation. She printed books to the value of 8397,500 ; her periodical liter- ature and newspapers numbered two hundred and twenty- two different publications, disseminating more than one hundred million copies of their several issues. By the last returns we had four thousand six hundred and five public schools, attended in the winter of 1862, by two hundred and twenty-seven thousand three hundred and nineteen scholars, with a mean average attendance, during the school year, of one hundred and seventy-eight thousand eight hundred and ninety-two, taught by seven thousand two hundred and fifty-five instructors, on which schools were expended, exclusive of the expense of repairing and erecting school- houses, and the interest on money invested in such property, and of the cost of school books, nearly 81,613,000. When
41
622 GOVERNOR'S ADDRESS.
we add to this statement one hundred and eight high schools in which Latin and Greek are taught, sixty-three incorpo- rated academies, with thirty-five hundred scholars, paying $85,000 tuition, and six hundred and thirty-eight private schools, paying $350,000 tuition ; when we consider the expense of buildings, apparatus, libraries, school books, prizes. Teachers' Institutes and the like, not contained in those computations, we shall probably find an annual sum devoted to the education of the children of the people of the Commonwealth, besides tlie expenses of our colleges and schools of medicine, law and theology, amounting to more than three millions of dollars. It is estimated by the Board of Education that the sum annually expended to promote popular education in Massachusetts, including the annual expenditure for school-houses and the interest of money invested in them at their present cash valuation, the cost of school books in public and private schools, the expense of Normal Schools, Teachers' Institutes and Associations, the Board of Education, printing, and State scholarships, but not including the cost of instruction in colleges, professional schools and Reformatory Institutions, amounts to more than thirteen dollars to every person in the State between five and fifteen years of age, and more than two dollars and a half to each person of the entire population of the Common- wealth. Our public libraries in 1860 were 1,4G2. Their Tolumes numbered 604,015. The value of our churches in 1860 was computed to be ten and a quarter millions of dollars, and their pulpits are occupied by about two thou- sand preachers of the Gospel. Besides the instructions of our pulpits, and schools, and books, and periodicals, we have the benefit of countless lyceums and lectures, and of constant importations from every other State, and from every country where literature and printing are known.
Is Massachusetts unable, then, in view of her material resources, and the quality of her people, to adjust a plan contemplating the ultimate consecration to the purpose I have indicated, of a fund — to be secured by taxation, by donation, by the testamentary bequests of her citizens — adequate to the work ? Regard, a moment, your positive wealth. Consult its wonderful growth. Remember that you owe all of it to cultivated, instructed, intelligent industry. You have conquered, by first understanding, nature. You have studied her mysteries, guessed her secrets, and thus unlocked her treasures. And doubt not that in the wonder- ful future about to dawn upon our country, the part you are to enact of beneficence and glory, under the inspiration
GOVERNOR'S ADDRESS. 623
of your generous culture and expanding thought, will transcend uU the former acliicvements of your industry, and will outshine the lustre of your arms.
I commend to the legislators and people of Massachusetts these considerations and opinions, which have earnestly impressed my own mind and are the results of patient study and reflection. They are inspired by tlie idea of realizing the higlicst culture, securing the amplest means and mate- rial, and husbanding them in the surest way to the good of all the people, and for the renown and influence among the States of the Union, of this venerable Commonwealth. Let no friend of any local institution, actual or proposed, avert his eyes. When we shall have obtained one central school, or a combination of schools interchangeably working each with and for the others, devoted to the grandest develop- ment of knowledge for agricultural", mechanical and military uses, and to the enlargement of the domain of science and art, to the discovery and encouragement of their true prophets and teachers, and to the widest diffusion of all their influences, then you will find the local seminaries springing up and distributing the results, — just as our town and district schools to-day disseminate the elementary les- sons of science of which every boy and girl would be left in ignorance, were it not for the higher institutions, the original thinkers and the lifelong students.
I respectfully recommend that the Legislature take meas- ures at its present session .to secure to the Commonwealth the benefits of the grant from Congress, and that the funds of the Bussey Institution may not be allowed to slumber as they now do, but be rendered available for the use of the present generation, by purchasing, if possible for a reason- able price, the life estate which now encumbers Woodland Hill, and causing the funds to be rendered as productive as possible, with a single view to the objects contemplated by the donor.
THE BOSTON SOCIETY OF NATURAL HISTORY, AND THE INSTITUTE OP TECHNOLOGY.
I have pleasure iu calling your attention to the earnest- ness with which the Boston Society of Natural History, and the Massachusetts Listitute of Technology, have persevered in their respective plans.
The former of these societies, strengthened in its resources by the liberality already so largely exercised in behalf of the public needs, has nearly completed a stately and commo-
624 GOVERNOR'S ADDRESS.
dious building on the land assigned to it by the Legislature, and will be in a condition to remove its collections and transfer its operations to the new edifice in the course of the coming spring.
The Institute of Technology, though not yet possessed of a sufficient fund available for building purposes, is making progress in that direction with prospect of a large measure of success. Should it fail, during the winter, to make up the entire amount required by the Act of the Legislature, it may, I think, reasonably plead the peculiar circumstances of the times, and the great practical importance of its objects, as a ground for your further indulgence. It has, meanwhile, begun its operations as a Society of Arts, where communica- tions and reports are made and discussions held on industrial subjects, and where important inventions, models and speci- mens are exhibited, explained and criticised. It is prepar- ing, also, to make a beginning in some branches of the School of Industrial Science and in the collection of ma- chinery, materials, products, and other objects suitable for its intended Museum. In these several modes of activity it aims to contribute to the cause of practical improvement, even at the commencement and while it is awaiting the accumulated means necessary for the erection of the School of Industrial Science and the Museum of Practical Arts pro- posed to be established on the land assigned to the Institute for this purpose on the Back Bay.
AMENDMENT OF CONSTITUTION.
I have the honor to invite the favorable action of the Legislature upon the Resolve adopted by the last, and con- stitutionally referred to the present, General Court, " pro- viding for an amendment to the Constitution relative to the qualification of voters," proposing the repeal of the twenty- third article of amendment which precludes adopted or naturalized citizens from voting and from eligibility to office, for two years subsequent to naturalization. I have no doubt that the people of the Commonwealth will cheerfully consummate the purpose of the Resolve so soon as you shall present it to their decision.
PUBLIC INSTITUTIONS — THEIR RETURNS.
It has been the aim of the Governor and Council to visit all the penal and charitable institutions of the State, and of the respective counties. This would have been fully accom-
f
GOVERNOR'S ADDRESS. 625
plislicd hail other commanding cares permitted it. Nearly all, however, iiavc been visited during the year. And it is a grateful task to bear witness to the prevailing si)irit of iutelligent humanity with which they arc conducted. I would respectfully urge a careful study of their Reports. The reduction of pauperism and crime is the sure conse- quence of increasing knowledge and thrift in any community. And the education into industry, good habits and intelligence of those unfortunately predisposed by early neglect, by actual lapse or inherited tendency, helps to counteract the fatal proclivity. I would, therefore, while there is so much to commend in these institutions, that some method were devised by which, through exact statistical returns, it should be possible to compare them each with all the others, to compare the business and experience of one year with another, to watch the symptoms of social disorder and dis- ease in the body of the State, and to study the cure. But, after having earnestly endeavored to institute some such comparison, I have been compelled to abandon the task. The returns are incomplete, dissimilar in their arrangement, not ordered by a system common to them all ; and, there- fore, though separately interesting and instructive, are uuadapted to the grand purpose of generalization. Partial efforts were made by the Legislature last year in the true direction. But they were partial only. Such a system as an able committee could devise, comprehending all our educational, reformatory, sanitary, penal, industrial and monetary institutions, explained by specific interrogatories and prepared forms of returns, would be universally recog- nized as a guide hereafter to practical legislation, as well as to philosophical inquiry.
HOSPITAL FOR INEBRIATES.
I most respectfully, but urgently advise that the Legisla- ture initiate measures to establish an asylum for the treat- ment of Inebriates. Drunkenness is a disease as well as a sin. We have long since legislated for its punishment ; let us no longer delay to legislate for its cure. By every motive of humanity and reason, by every law of duty, it challenges our consideration. I am led to believe that it is in our power so to economize the room in our sanitary and pauper institutions as to enable experiments to be made with one hundred and fifty patients, without any material increase of public expenditure.
626 GOVERNOR'S ADDRESS.
OUR HEROIC DEAD.
There is a history in almost every home of Massachusetts, which will never be written. But the memory of kindred has it embalmed forever. The representatives of the pride and hope of uncounted households, departing, will return no more. The shaft of the archer, attracted by the shining mark, numbers them among his fallen. In the battles of Big Bethel, of Bull Run, of Ball's Bluff, of Roanoke Island, of Newbern, of Winchester, of Yorktown, of Williamsburg, of West Point, of Fair Oaks, the battles before Richmond from Mechanicsville to Malvern Hill, of James's Island, of Baton Rouge, of Cedar Mountain, of Bull Run again, of Chantilly, of Washington in North Carolina, of South Mountain, of Antietam, of Fredericksburg and Golds- borough, — through all the capricious fortunes of the war the regiments of Massachusetts have borne her flag by the side of the banner of the Union. And, beyond the Atlantic slope, every battle-field has drunk the blood of her sons, nurtured among her hills and sands, from which in adven- turous manhood they turned their footsteps to the West. Officers and enlisted men have vied with each other in deeds of valor. The flag, whose standard-bearer, shot down in battle, tossed it from his dying hand nerved by undying patriotism, has been caught by the comrade, who in his turn has closed his eyes for the last time upon its starry folds as another hero-martyr clasped the splintered staff and rescued the symbol at once of country and of their blood- bought fame.
How can fleeting words of human praise gild the record of their glory ? Our eyes suffused with tears, and blood retreating to the heart, stirred with unwonted thrill, speak with the eloquence of nature, uttered, but unexpressed. From the din of the battle, they have passed to the peace of eternity. Farewell ! warrior, citizen, patriot, lover, friend, — whether in the humbler ranks or bearing the sword of offi- cial power, whether private, captain, surgeon or chaplain, for all these in the heady fight have passed away, — Hail ! and Farewell ! Each hero must sleep serenely on the field where he fell in a cause " sacred to liberty and the rights of mankind."
Worn by no wasting, lingering pain,
" No cold gradations of decay, Death broke at once the vital chain,
And freed bis soul the nearest way."
GOVERNOR'S ADDRESS. 627
MASSACHUSETTS — UNION — LIBERTY.
Massaclnisctts, limited in territory, aiming to cultivate and devclope the capacities of both man and nature, given to no one distinctive pursuit, but devoted to many, is at once an agricultural, commercial and manufacturing Com- monwealth. The individual citizen, adapting himself to the seasons and the market, is not unfrequcntly an expert in divers callings. In the winter he cuts ice on Crystal Lake for Calcutta, and he goes fishing in the summer on the Banks of Newfoundland. He carries on his father's homestead in the growing season, and makes boots for Boston market in the intervals of farming. He scours the Pacific in a New Bedford whaler while he is young and fond of adventure, and settles down at last the keeper of a country store on Nantucket. He goes to college for his own educa- tion, and teaches school himself in the college vacation. He manufactures ploughs and reapers in Massacliusetts, and puts his earnings into railroads in Michigan, Iowa, and Wisconsin. Massachusetts buys material from all who have it to sell, and vends her wares in every State. Her sons have been found pursuing their way in every opening of the "West and South, while her own narrow but hospi- table borders afford a prosperous home to tens of thousands honest sons and daughters of toil, from every nation in Europe.
Peaceful, rural, and simple in their tastes, her people, never forgetting the lessons learned by their fathers, not less of War than of Religion, are found in arms for their father's flag wherever it waves, from Boston to Galveston. The troops of Massachusetts in Maryland, in Virginia, in the Carolinas, in Louisiana, in Texas ; the details frpm her regiments for gunboat service on tlie southern and western rivers ; her seamen in the navy, assisting at the reduction of the forts from Hatteras Inlet to the city of New Orleans, or going down to that silence deeper than the sea, in the Monitor or the Cumberland, — all remember their native State as a single star of a brilliant constellation, the many in one, they call their country. By the facts of our history, the very character of our people, and the tendencies of their education, industry and training, Massachusetts is independent in her opinions, loyal to tlie Union, and the uncompromising foe of treason.
Geographically on one side of the continent, her soldiers come from the Golden Gate of California to encamp by Dorchester Heights, that they may serve under the white
628 GOVERNOR'S ADDRESS.
flag of the Pilgrim Commonwealth. We proudly count our brethren in public station and in all the honored walks of private life, in Oregon as well as in Barnstable. Her sons have sent from around the world their benefactions for the relief of the families of her'braves. Though no drop of the "Father of Waters" laves our shores, or descended on any hill top which sheds into our streams ; yet, narrowed by no policy of sectional or territorial jealousy, we would gladly and proudly contribute through the National treasury, in the interest of our National defences, for the connection by Ship Canal of the Mississippi with Lake Michigan, and of Lake Erie with the Hudson.
Unionists in no double sense, we have held from the beginning that the Government, greater than any class of men or of interests, has an original and imprescriptible right to the devoted and hearty service of every subject of its protection and power. We deny the rightfulness of the rebellion, and we are in arms against it; and we have equally denied that the rebel States could rightfully be allowed to impose their treasonable will upon any human being whose interest or desires would make him loyal. While our wives surrender their husbands and our fathers their sons to all the perils of a dreadful war waged by rebel- lion, we have never discovered a reason why the rebels should retain their slaves, and compel them to be rebels too. Supporting always the government, without conditions as to its policy, we rejoice with unutterable joy that its policy is that of human nature, and not that of human sophistry; and we hail the returning day of the civic virtues, which our national departure from the practice of Justice and the principles of our fathers, had discouraged in the North and had overthrown in the South.
Gentlemen of the Senate and
House of Representatives :
Practical questions of grave and important moment are before the government and the people of the United States. A large number of poor persons, without capital save their ability to labor, with new motives to industry, subordination and good conduct, will claim an interest in the thoughts of statesmen. Near Fortress Monroe, in the Sea Islands of South Carolina, in New Orleans, and in its neighboring parishes, they have already tried the new-born gift of liberty, with success and honor.
GOVERNOR'S ADDRESS. 629
111 a few brief years, we shall liave paid the national debt incurred during tlie present war, by the enlarged value which freedom will have given to the property of the rebel States, the increased productive ability of freodmen over slaves, and their multiplied power to buy and consume the products of manufactures and the arts.
The people of America will have saved the Union, saved Democratic-Republican Liberty, both menaced by the same dangers, will have perpetuated the Government, magnified the Constitution and made it honorable, and will have crowned a great career of glory with an act of expedient Justice unequalled for its grandeur in all the history of mankind.
630
GOVERNOR'S ADDRESS.
[A.]
Troops sent into Federal Service since the outhreak of the Rebellion.
|
1861. |
1862. |
|
January. |
January. |
|
3d —Thirtieth Infantry. |
|
|
3d —3 companies Cavalry. |
|
|
7th — Twenty-Ninth InPy, 3 companies. |
|
|
8 th— Twenty-Eighth Infantry. |
|
|
February. |
Februai'y. |
|
7th— Sixth Battery. |
|
|
' |
21st— Thirty-First Infantry. |
March.
April. 3,736 Militia for three months' service.
May. 9th to 22d — 8 companies of Infantrj', 7 of which were subsequently joined to the Twenty-Ninth Regiment, and 1 enlarged and organized into the Seventh Battery.
June. 15th — First Infantry. 24th— Ninth Infantry. 24th— Eleventh Infantry.
July. 8th — Second Infantry. 11th — Seventh Infantry. 23d —Twelfth Infantry. 25th— Tenth Infantry. 30th — Thirteenth Infantry.
August.
7th — Fourteenth Infantry.
8th — Fifteenth Infantry.
8th — Second Battery. 17th — Sixteenth Infantry. 22d —Twenty-First Infentry. 23d — Seventeenth Infantry. 24th— Eighteenth Infantry. 28th — Nineteenth Infantrj'.
March.
2 companies Heavy Artillery, to be at- tached to Fourteenth Reg't, changed to Heavy Artillery from Infantry.
1 company Heavy Artillery, for garrison for Fort Warren.
Ajyril.
May. 26th— 7 companies of Thirty-Second In- fantry. 4,043 Militia assembled at Boston
for service. ,
2 companies of Militia cadets of 1st and 2d Divisions, for service at Fort Warren.
June. 24th— Eighth Battery.
July. 1 company Volunteers for 6 months, for garrison for Fort Warren.
August. 11th— Thirty-Third Infantry. 12th— Thirty-Fourth Infantry. 20th— Thirty-Second Infy, 3 companies. 21st —Ninth Battery. 22d —Thirty-Fifth Infantry. 24th— Thirty-Eighth Infantry. 31 st— Thirty-Sixth Infantry.
GOYERXOR'S ADDRESS.
Troops sent into Federal Service — Continued.
631
|
18 6 1. |
18 6 2. |
|
Sijitcmbi'i: |
September. |
|
3d — First Company of Sharpshooters. |
1st— Sixth Infantry. |
|
4th — Twentieth lutkutry. |
5th— Thirty-Seventh Infantry. |
|
6th— Thirty-Ninth Infantry. |
|
|
8th — Fortieth Infantry. |
|
|
15th — Eleventh Batteiy. |
|
|
October, |
October. |
3d -First Battery. 7th— Third Battery. 8th — Twenty-Second Infantry. 8th — Second Company Sharpshooters. 31st — Twenty-Fifth Infantry.
November. 2d — Twenty-Seventh Infantry. 11th — Twenty-Third Infantry. 21st — Twenty-Sixth Infantry. 21st— Fourth Battery.
December. 9th — Twenty -Fourth Infantry. 25th— First Cavalry. 25th— Fifth Battery.
2d — Forty -Fourth Infantry. 3d —Fifth Infantry. 6th— Tenth Battery. 9th — Third Infantry. 24th— Forty-Third Infantry. 24th— Forty-Fifth Infantry'. 24th— Forty-Sixth Inftintry.
Second Compan}' Heavy Artillery for garrison for Fort Warren.
November.
5th — Forty-First Infantiy.
7th — Eighth Infantry. 11th — Fifty-First Infantry. 19th — Forty-Second Infantry. 19th— Fiftieth Infantiy. 19th— Fifty-Second Infantry. 21st — Forty -Ninth Infantry. ■21st— Fiftj'-Third Infantry. 29th — Forty- Seventh Infantry.
December. ■ 21st — Fourth Infantry. 21st —Forty-Eighth Infantry.
Third Company Heavy Artillery for garrison for Fort Warren.
186 3.
January. 3d —Twelfth Battery.
Now raising in the State, January 9, 1863. 2d Cavalry Regiment; 13th, 14th and 15th Batteries Light Artillery; 3d company
Sharpshooters.
632
GOVERNOR'S ADDRESS.
|
i a H u o |
2 o •a C3 O |
1 1 1 |
1 g 1 1 1 1 ■ 1 1 1 |
Total Infantry, 30 regiments, 4 companies— of which, 13 regiments, 3 companies for 3 years; 17 regiments, 9 months; and 1 company, 6 months. " Light Artillery, 5 batteries— of which, 3 batteries for 3 years: 1 battery for 9 months, and 1 battery for G months. " Heavy Artillery, 5 companies for 3 years. " Cavalrj-, 3 companies for 3 vears. " Cadets, 2 companies— of which, 1 for 2 months and 1 for 5 months. |
|
|
6 |
S 1 1 1 1 1 1 1 1 1 1 1 CO |
||||
|
1 1 'g- 5 CO |
1 1 1 1 1 1 & 1 a 8 8 i-( rH |
||||
|
«b •as < |
1 battery. 1 battery. 1 battery. 1 battery, |
||||
|
c |
ft £ -lj- 8 a 1 ''.a |
7 companies. 1 company. 5 reg'ts, 3 comp's, 4 regiments, 6 regiments, 9 regiments. 2 regiments. |
|||
|
i 1 1 1 -* 1 1 1 1 1 1 1 |
|||||
|
« OD |
|||||
|
Januarj', February, March, . |
^ irr u |
||||
|
April, May, . June, July, . August, Septemb October, Novemb Decembe |
|||||
|
i O |
t 1 1 1 I 1 1 1 1 1 1 a 1-1 |
Total Infantry, 22 regiments, 8 companies, 2 companies sharp- shooters. " Light Artillery, 5 batteries. " Cavalry, 1 regiment. |
to ^ ^ 1 1 1 b 1 1 ^ '-' a a § 1 1 1 ^ ^ 5 i g" «^§ c " fl 0.30 |
||
|
.a » to P! |
1 battery. 2bat'ries. 1 battery. 1 battery, |
||||
|
b c c |
8 companies.* 3 regiments. 5 regiments. 7 regiments,! 1 reg't, 1 comp. s. s. 2 reg'ts, Icomp.s. s. 3 regiments, 1 regiment. |
||||
|
1 |
1 1 1 CO 1 1 1 1 1 1 1 1 co" |
||||
|
1H « CO H |
|||||
|
b^ ' 3.S h 1-5 P^S |
iT . tT . " |
||||
|
April, . May, . June, . July, . August, Septembe October, Novembe December |
in
9J £1,
« 5
SPECIAL MESSAGES. G33
SPECIAL MESSAGES.
THE FOLLOWING SPECIAL COMMUNICATIONS WERE MADE BY HIS EXCELLENCY THE GOVERNOR, TO THE LEGISLATURE, DURING THE SESSION ENDING APRIL TWENTY-NINTH.
[To the House of Representatives, January 20.]
^[any delays and difficulties have been experienced during the past year in the payment of our volunteers. A period of six months has elapsed without the payment of men in the military service of the United States, to whom by law pay is due once in every two months. Through a complica- tion of causes attendant on these delays, and on the working of the army system of payments, which did not originally contemplate the introduction of allotments of soldiers' pay, but only direct payment to the soldiers, in hand, — certain irregularities have sometimes been encountered in securing the receipt of the allotments, not easily understood by the persons interested, and tending to prejudice them against the usefulness of the allotment system itself. The frequent occasion which this department of the State government has to know, and keenly to feel, the hardship of which these delays and irregularities are the cause, and the injustice of permitting their continuance or repetition, if it is possible to prevent them, has attracted to the whole subject much thoughtful and anxious consideration.
The result to which I have deliberately arrived is, that this Commonwealth can, with the consent of the Federal Government and without loss to herself, adopt and apply a method of sure relief. I do not hesitate, therefore, in the interest of the soldiers of Massacliusetts and of their fami- lies, to commend the subject to the wise judgment of the legislature.
It is understood that arrangements are now in progress for the payment of the troops up to tlie first day of Novem- ber last. The rolls must liave been completed, or should have been so, before the middle of that mouth. Tlie rolls
634 SPECIAL MESSAGES.
for the two months' payment due on the 1st day of January current ought now to be ready. I do not perceive that any method we might adopt could probably expedite the pay- ment of the November dues, and the deferred payments for previous months which are to be made at the same time with the November payment proper. For this reason the plan I have the honor to suggest is limited to act from and after the first of November last.
I therefore respectfully recommend that the Common- wealth undertake to pay, in notes of Massachusetts banks, or in legal tender notes of the United States, to all her vol- unteers in the army of the Union, all their wages earned from and after that day, who shall accept the benefits of a plan of payment substantially the following : —
Let all Massachusetts volunteer soldiers who choose, assign all or any part of their accruing pay to the treasurer of the Commonwealth in the manner contemplated by the 62d chapter of the Acts of 1862, " concerning the custody and distribution of funds of the Massachusetts Volunteers." Let the Treasurer receive such funds to be distributed in the manner contemplated by the 1st and 2d sections of the Act, or to be held subject to the order of the soldier in the man- ner provided by the 4th section.
Let the Commonwealth agree with the United States to hold itself indebted (and so declare by law) to all those vol- unteers who may assign their pay to the Treasurer, to the amount of the pay so assigned, and appearing to be due from the United States to such volunteers respectively — by the pay-rolls made up for the guidance of the Federal disbursing officers, copies of these pay-rolls duly certified being transmitted to the Treasurer. Let the volunteer, who may assign his pay in whole or in part at his own election, as he now does, be credited by the Treasurer, on the date of receiving a proper copy of his pay-roll, with the amount of the assigned pay thus appearing to be due to him, which sum so standing to his credit the Treasurer then shall dis- tribute through the town treasurers, or retain on interest, in the manner provided in the Act of 18G2, according to the election of the volunteer.
The effect of this arrangement would be to make it the duty of the Treasurer to pay to the town treasurers for the benefit of the volunteers' families, or to hold subject to the orders of the volunteers themselves, their wages, either in whole or in part, as the case might be, without regard to receipts into the treasury of the Commonwealth from the treasury of the United States. Thus, the Commonwealth
SPECIAL MESSAGES. 635
would intervene to pay, for the account of the United States, to the soldier's family, all his wages so assigned and due, or hold the same to he paid to his order drawn in favor eitlier of himself or of others in such portions as might j)leasc him.
It would, unless in rare cases of exception, become for the interest of every soldier to assign his whole pay to the treasurer of the Commonwealth, for then, without any risk to himself, it would be remitted to his own town, or remain on interest in the State treasury to be paid out to himself on his own order, on demand, as he might need the money — the treasury becoming, in one word, a savings-bank for all our soldiers, with this advantage, that the money would be ready for the soldier and his family on the day his rolls should arrive here, at all events, and ivUhout any regard to delays in the payments due from the United States.
The benefit of such a scheme to the soldier is manifest ; and the ease with which funds can be remitted to the regi- ments from here, would render it much better for the soldier generally to assign his whole wages, and draw on them when wanted, whether in camp or hospital, whether with the regiment or on detached service, than to await the advent of the Federal paymasters.
But the question occurs, how shall the Commonwealth be repaid and protected? Let it be arranged with the Secretary of the Treasury that an amount of United States' currency, or a certificate of indebtedness bearing interest from the date when the payment was due from the United States, shall, in the lack of coin, be delivered to the Treasurer of the Comilionwealth, corresponding to the amount on the pay-rolls appearing to be assigned to him by Massachusetts volunteers, as often and as soon as such pay-rolls are filed — such currency or certificate to be receipted for by the treasurer, as a reimbursement to the State for assuming the payments to the soldiers called for by the rolls and assignments.
Thus the troops would be promptly and wholly paid, at home, where the payment is the best for them, or in part at home and in part in the field, as each one might prefer.
Want, suffering, disappointment, anxiety, and distrust, would be averted by a beneficent, kindly, safe, and just intervention of the government nearest to the domestic scene, and best able to adjust with ease the arrangements needed for the greatest good of all.
It will be easy, I think, for the State to make a prospec- tive bargain with the banks, to borrow at a very low rate of
636 SPECIAL MESSAGES.
interest, say one million of dollars on the fifteenth day of each alternate month, to be drawn for as it shall be needed to meet the necessities of the treasury, created by this plan.
I think it is clear that thus without loss, the government of this Commonwealth can, in the truest way, perform a parental duty. Every interest of society, public as well as private, is in some way involved in this being done. I can- not imagine any proper objection on the part of Congress to an immediate enactment to permit the Secretary of the Treasury to accede to such a plan ; and I respectfully sug- gest to the General Court such an amendment of chapter 62 of our Acts of 1862 as shall substantially agree with the plan I have thus sketched for your consideration.
If it shall be the opinion of the Legislature that mature reflection encourages assuming the payment of our volun- teers in advance of receiving from the United States the funds therefor, only so far as it may be needful in order to secure the prompt distribution of their allotments, I shall cheerfully concur in the endeavor to carry into effect its final decision.
[To the House of Representatives, February G.]
In reply to the Order of the honorable House, of January 21st, requesting a report of" the several amounts claimed or paid as commissions, compensation, expenses, or profits, by persons who went to foreign countries under authority of the Executive Department of this State during the years 1861 and 1862, for the purpose of purchasing arms and equipments for or on account of the State," I have the honor to submit the following statement : —
In April, 1861, Honorable Francis B. Crowninshield went to Europe as an agent for purchasing arms and military equipments for the State. A copy of the letter of instruc- tions addressed to him on April 22d, 1861, was communi- cated to the Legislature of 1862, and is printed in House Document, No. 40, of last year.
The number of arms received through this agency has been 19,880, and of sets of equipments 10,000. The aggre- gate of the several amounts placed to the credit of the agent for these purchases, and the necessary expenses attendant thereon, is 1351,347.48.
Provision was also made for " a person experienced in the manufacture of arms " to accompany the agent, " to advise with and assist" him; and he was authorized, if contracts for the manufacture of arms should be made, " to detail this
SPECIAL MESSAGES. (VSl
person to remain and observe tlie process of manufacture, and inspect tlie arms when completed." Mr. C. McFarland was appointed for this inirposc.
In August, 18G1, Mr. Crowninshield returned to the United States, having made purchases outright of a number of arms, and having made contracts for the manufacture of more. Mr. McFarland was left in England to superintend *
the execution of these contracts, and to inspect the arms as manufactured. lie remained on this business until the spring of 18G2. As covering the cost of this inspection, and including pay for all the services, and reimbursement of all the expenses of Mr. McFarland, there is charged in the account of Mr. Crowninshield, and has been allowed, £728 5s., or 83,527.96.
In the final settlement of accounts a claim of 2i per cent, on all the disbursements was made by Mr. Crowninshield for compensation for himself. This claim was not approved by the Governor and Council, by whom the following Order was passed for adjusting the account: —
" Council Chamber, Sept. 17, 1862.
" Ordered, That Francis B. Crowninshield be allowed twenty-five hundred dollars for his expenses in purchasing arms in Englai!d for the Commonwealth, on condition that he settle the account, as rendered by him, of Cora McFar- land as inspector of said arms, and return to the Treasurer and Receiver-General proper vouchers for the same, and that James M. Shute, James Ritchie, and Gerry W. Cochrane, as a committee of the Council, be authorized to settle with said Crowninshield upon the above conditions."
The proposition made by this Order being communicated by the committee to Mr. Crowninshield, was declined by him, in writing, on September 20th, and his account remains unadjusted. He retains in his hands a balance of £512 10s. 5d., or 82,482.87, of funds belonging to the Commonwealth, and claims for his compensation an additional amount of .£1,27(3 lis., or 86,184.90,— or in all, £1,789 4s. 5d., or 88,667.77.
The instructions addressed to Mr. Crowninshield are silent on the suliject of compensation for his agency. At the time he sailed for Europe, in April, 1861, an advance of 81,000 was made to him from the treasury of the Commonwealth, for his personal expenses, which amount is included in the 82,500 allowed to him by the Order of the Governor and Council of September 17th, 1862 ; and it is not intended on the part of the Governor to admit, by any thing herein con-
638 SPECIAL MESSAGES.
tained, that any valid claim existed against the Common- wealth in favor of the agent for time and services. On that point, for the purposes of the inquiry of the honorable House, it is not necessary here to express an opinion.
[To the House of Eepresentatives, February 24.]
• I have the honor to communicate to the General Court,
* for its information, the Annual Report of the Adjutant- General of this Commonwealth, to the Commander-in-Chief, attended by the Reports of the Quartermaster-General, the Master of Ordnance, and the Surgeon-General. It has been the aim of the Adjutant-General to present in full detail, not only the formal returns, but so far as possible the main features and prominent particulars of the military history of each of the Massachusetts Volunteer and Militia Corps organized or serving during the last year. The reports of regimental commanders and the communications of general officers of the army, received at these head- quarters, relating to the character and conduct of Massa- chusetts soldiers, have found places in the narrative thus presented, and they form valuable and interesting portions of this honorable record.
I venture to mention as of special interest the wise and suggestive Report of the Surgeon-General, io whose intelli- gent and humane administration of his bureau, I confess a constant obligation.
Among the gentlemen who, as Agents of this Common- wealth, have rendered good service in the care of sick and wounded soldiers in hospitals, and of soldiers falling into distress or want, and in advising and assisting their friends when searching for them in hospitals and camps, or for tlie remains of the fallen, are Messrs. Robert R. Corson, of Philadelphia, and William Robinson, of Baltimore. Their names were inadvertantly omitted in the proper connection by the Adjutant-General. The services of Mr. Robinson began with the 19th of April, 1861, and have never been discontinued.
I avail myself of this occasion to attract the attention of the General Court to these most humane and useful agen- cies, maintained in New York, Philadelphia, Baltimore and Washington, which, within distances more or less extended, have brought to the pillow of the dying, to the pallet of the wounded, to the battle-field as well as the hospital, the messages of home and the succor and comfort of much kindly help. Among their indispensable, services rendered, one is tliat of advice and aid to relatives, especially wives
SPECIAL MESSAGES. 639
and mothers, who visiting strange and bewildering scenes, are consoled by a friendly iuiiid ready to help them to reach the objects of their search and care. Another is their constant and careful returns — (which are to be found in the oOice of our Surgeon-General) — of all facts derivable from the hospital records and interesting to the families of Massachusetts soldiers. Another is their correspondence with this Department in respect to individual cases, without which the solicitude of friends in many instances would be unrelieved.
In the effort, so far as possible, to bring all her sons in the field under the care and watchfulness of the State, these agencies have proved indispensable. Co-operating with benevolent associations in their neighborhood, an amount of good has been accomplished, measurable by no sum, and achieved much less by money than by acts of attentive kindness personally bestowed.
I have advised recently with these agents, and with wise and charitable persons familiar with the spheres of their operation, and am induced to recommend as a measure of prudence that a sum of money, (besides the military con- tingent fund of the Governor and Council, which the exigencies of war may leave insufficient,) of perhaps ten thousand dollars, should be appropriated, either as an addition to that fund or otherwise, to enable the Executive to maintain these agencies on a firm footing, and to employ such other or like services as the shifting scenes of the war may be found to demand.
It will be remembered that the appropriation does not imply its expenditure, beyond the necessity of the case.
[To the Senate, March 3.]
I received yesterday, from the Clerk of the Senate, a copy of an Order of the Legislature asking certain informa- tion concerning the Troy and Greenfield Railroad. I have to-day received a reply from Mr. J. W. Brooks, chairman of the Commissioners, (to a letter addressed to him by me) of which I enclose a copy. It will be seen by this that the Report of the Commissioners will be presented to the Governor and Council in prhit. Copies will be printed in sufficient numbers for all the members of the Legislature, as soon as it is issued.
[To the Senate, March 12.]
I have the honor to communicate for the use of the Legis- lature, the Report of Messrs. John W. Brooks, Samuel M.
640 SPECIAL MESSAGES.
Felton, and Alexander Holmes, Commissioners appointed under chapter one hundred and fifty-six of tlie Acts of 18(J2, providing " for the more speedy completion of the Troy and Greenfield Railroad and Hoosac Tunnel."
By this Report, made to the Governor and Council, it is apparent that the Commissioners have discharged the duties of investigation and inquiry into the whole subject of finish- ing the Troy and Greenfield Railroad, and of tunnelling the Hoosac Mountain — including the most economical, practical, and advantageous methods for the completion of the work, the cost of fitting the railroad and tunnel for use, the time withiu which the tunnelling of the mountain can l)e com- pletely effected, the probable cost of the enterprise, the probable pecuniary value of the road and tunnel, with the sources and probable amount of traffic and income — in a manner at once elaborate, comprehensive, instructive and convincing. Their Report is attended by several plates, care- fully illustrating those features of the proposed work more easily presented or explained by the aid of maps or plans, and is accompanied also by a report of JVIr. Charles S. Storrow on European Tunnels, who at the request of the Commissioners, with the approval of the Governor and Council, visited Europe for the purpose of examining the most important tunnels already constructed, and especially that now in progress under the Alps at Mont Cenis, between France and Italy, which in many respects is supposed to be a work more nearly analogous to that projected under the Hoosac Mountain, than any other in the world. It is accom- panied also by the respective reports made to the Commis- sioners by Messrs. Benjamin H. Latrobe and James Laurie, on the Hoosac Tunnel and Troy and Greenfield Railroad. The first contains observations and opinions which were the result of Mr, Latrobe's personal examination of the Hoosac Mountain and Tunnel, seen in the light of a considerable professional experience in works of a similar character, though of proportions less gigantic ; the second (namely, the report of Mr. Laurie,) exhibits a minute and scientific survey of the whole route of railroad and tunnel, with elaborate calculations. This mass of documentary matter, with the profiles, maps and plans contained therein, or pre- pared for ampler illustration and referred to in these reports, presents, as I believe, an exhaustive treatise upon the subject intrusted to the investigation of the Commissioners, in all its particulars and relations. It is, itself, a monument of industry and learning, and of practical as well as of j)rofessional judgment.
SPECIAL MESSAGES. (541
The Report of the Commissioners establishes the feasibility of the grand enterprise of tunnel/ing' the Iloosac Mountain^ and the necessity of" ultimate and essential changes in the details of the railroad line, of essential and important changes in the character and quality of the work upon the road and bridges, and of the enlargement of the tunnel itself ; and also the necessity on the part of the State, of taking into its own hands the enterprise of constructing the tunnel, under- taking the work on its own account, controlling its own agents and holding them directly responsible for the integ- rity of their management. This course is, in the judgment of the Commissioners, in a work so exceptional and peculiar, an essential condition of energy, economy and success.
The Commissioners find that the period of eight years will be necessarily employed in the accomplishment of this work. The advances already made by the Commonwealth to the Troy and Greenfield Railroad Company, with interest to January 1, 1863, including a special appropriation of $175,000 made last year, amount to 8968,862. The addi- tional interest at five per cent, for eight years, amounts to .^162,585. The cost, therefore, in which the State is already involved towards this enterprise, assuming its completion in eight years, is -$1,481,447. The cost of completing the tun- nel is estimated by the Commissioners at an additional sura of '§2,696,229, to which should be added interest during construction, 8522,094, giving a result of 83,218,323. The estimated expenditure immediately required to complete the road east of the tunnel, is 8147,060, the interest on which item it is assumed will be paid out of earnings to be received during the construction of the tunnel. The cost of perma- nent work from time to time, to replace the present tempo- rary structures as they fail, is estimated at 850,000. The cost of straightening and improving the line east of the tunnel, to be done as the last thing before the tunnel is completed, is placed at 8155,000. These three last enumer- ated items involve an expenditure of 8652,060, deemed necessary to establish the road from Greenfield to the moun- tain on sucli a footing as to enable it to meet reasonable expectations as a through route. The cost of constructing the two miles, from the western terminus of the tunnel to North Adams, is stated at 867,500. The expense of the additional depot buildings, shops, <fcc., for the completed line, will be 875,000, and the cost of the rolling stock 8275,000.
' The total estimated cost of road and tunnel, including advances hitherto made by the Commonwealth, with interest
6-42 SPECIAL MESSAGES.
on past and future advances and expenditures, at five per cent., compounded until the expected completion of the tunnel, and including also the expense of altering and enlarging the work already bored, straightening and improv- ing the road and brida;es, amounts, therefore, in the whole, to the sum of 15,719,830.
It will be remembered that the Act under which the Com- missioners were appointed, and under which the prosecution of the work of constructing the road and tunnel was author- ized, with the approval of the Governor and Council, to be continued, contemplated expenditures and advances, which, together with all sums hitherto advanced thereon by the Commonwealth, should not exceed $2,000,000 in the aggre- gate. But the total amount of advances made by the Com- monwealth prior to the date of suspension of work in the summer of 1861, was 8778,695, which with the additional payment of -$175,000 appropriated under the Act of 1862, will give a total advancement, excluding interest, of $953,695 already absorbed out of the appropriation of only $2,000,000, of which the statutes thus far contemplated the expenditure. The cost of completing the whole work is, therefore, so con- siderably beyond the unused portion of the $2,000,000 appro- priated, as imperatively to demand still further legislation to render the prosecution of the enterprise practicable by the Commissioners.
It will be observed that the Commissioners' Report, with the attendant documents, is communicated in print, the Commissioners having been directed, for the purpose of avoiding the delay consequent upon printing the documents after presentation, to make their Report originally in print. It is understood that copies are ready for immediate distri- bution to the members of the General Court.
Among the successful efforts of the commission^ the Legislature will be gratified to notice that of securing an agreement in writing from the Fitchburg Railroad, the Vermont and Massachusetts Railroad and the Troy and Boston Railroad Companies, for the contribution by each of those companies, to the Commonwealth, in consideration that it shall construct and complete the Troy and Greenfield Railroad and Hoosac Tunnel, of twenty per cent., or one- fifth of their gross earnings, respectively, upon the passen- ger and freight business coming upon their roads from any part of the Troy and Greenfield Railroad. This agreement, however, provides for its own modification or annulment wlien the earnings of the Troy and Greenfield Railroad shall have reached a point indicative of established and perma-
SPECUfi MESSAGES. 643
iient success; the jtarticular tests of that success boiiii;' pre- determined in the agreement. And in this connection I have also to invite the attentiou of the General Court to a letter from Mr. Brooks, the chairman of the cominission, addressed to myself, bearing date of this day, communicat- ing a correspondence between himself and the presidents of the Fitchburg Railroad Company and the Vermont and Massachusetts Railroad Company, concerning a proposed lease of that part of the Troy and Greenfield Railroad lying east of the tunnel, for a period of six years and pending the constructiou of the tunnel. This negotiation was initiated to enable the State to determine whether it would be wise to complete at once the railroad between the eastern termi- nus of the tunnel and the town of Greenfield, of which the proposal of the Fitchburg and the Yermont and Massachu- setts Railroad Companies, dated yesterday, is a material encouragement.
I deem it my duty, also, to furnish for the information of the Legislature, a letter received this day from the chairman of the Commissioners, accompanied by a careful statement prepared by himself, exhibiting the whole amount heretofore expended upon the construction of that part of the Troy and Greenfield Railroad between Greenfield and the tunnel. This statement exhibits the quantity and kind of w'ork done upon that piece of road before the suspension of its progress in the summer of 18'j1. The rQsult shows that the Com- monwealth had advanced at that time, out of the 8(3r)0,000, the sum of 8i81,i28, of which amount the company were only entitled to have received $350,090, that being the pro- portion of the 8650,000 authorized by the Legislature, which tiie work done bears to the expense of the whole work. Li other words, the Commonwealth had made over-advances equal to 8131,338, assuming 8050,000 as the sum w^hich the Commonwealth should furnish in the whole under the Act of 18G0. And it is further shown that this statement is based upon the supposition that the work performed had been paid for, and so far as it went was a clear and unem- barrassed security to the State for its advances, which in fact was not the case, for of the 8175,000 appropriation of 1862, there is to be paid out towards these very expendi- tures the sum of 8140,226.95, according to the returns made by the Commissioners, acting as auditors under that appropriation. Thus the sum total of our excess of advances becomes 8271,564.95, on that piece of railroad, out of the 8650,000 granted by the Act of 1860.
644 SPECIAL MESSAGES.
The following figures taken from the same statement, present a view of tlie amount advanced by the State on the same piece of road in excess of the amount actually thus far expended by the contractors upon the work. Amount actually expended, .... §485,731 19 Amount of the above yet to be paid by the
State out of the $175,000 appropriation, . 140,226 95
Amount expended by contractors, but not all paid for, as the -1175,000 appropriated did not cover all the liabilities, . . . 8345,504 24
Amount paid by the State on the ' first appropriation in sterling at $4.44 to the pound, . •. $50,172 00
Difference between $1.44, and tlie real equivalent of the sterling in dollars, .... 5,311 00
Amount paid under the $650,000
appropriation, . . . 481,428 00
536,911 00
Amount advanced by Commonwealth more
than went into the work, .... $191,406 76
I congratulate the General Court and the people, upon the rescue of the Commonwealth, and especially of this great experimental enterprise, from a position inconsistent with economical, safe or even possible success in piercing its mountain barrier.
I earnestly and respectfully invite your most candid and thoughtful consideration, not only of the specific facts and figures which elucidate or express the details of information bearing most immediately upon the work contemplated, but I also venture to commend to your deliberate judgment the arguments and reasoning drawn from liberal and enlightened views of public policy and of public economy, which finally lift this subject above all merely local interests or antagonisms, into the sphere of statesmanship. And having attentively watched the progress of the Report of the Commissioners and the docu- ments by which it is accompanied, through the press, I am prepared to give my own assent to the opinions, with the expression of which the Commissioners conclude their discussion : —
" By the time the tunnel can be completed, the public interest requiring it will have grown large enough to pay for the outlay.
SPECIAL MESSAGES. 645
The impulso jrivcn to business by the new facility would soon fill up the new line, and make up the temiiorary loss felt by any other.
" Considering the large sum whicli the Commonwealth has already invested in this work, which must be sunk if it is not completed ; the reasonable protection from loss which is offered by the other compa- nies interested in the line ; the more intimate relations it may promote between Massachusetts and the "West ; and the benefits which such an additional facility promises to the great interests of the city and State ; we are of opinion that the work should be undertaken by the Commonwealth, and completed as early as it can be, with due regard to economy."
[To the Senate, March IG.]
I have the honor herewith to transmit for the information of the General Court, copies of correspondence which I have liad with His Excellency, the Governor of Maryland, showing the disposition which has been made of the sura of seven thousand dollars placed at my disposal by an Act of the General Assembly of that State on March 5tli, 1862, " for the relief of the families of those belonging to the Sixth Regiment of Massachusetts Volunteers who were killed or disabled by wounds received in the riot of the nineteenth of April, in Baltimore." A copy of that Act was trans- mitted to the General Court of 1862, and is printed in House Document, No. 351, of the series of that year.
[To the House of Representatives, March 21.]
I herewith tfansmit for the information of the General Court, the Report bearing date of March 17th, which I have received from Major Blake, the Provost-Marshal General designated for Massachusetts by the Secretary of War during the year 1862, and who was ordered to report to the Gov- ernor of this Commonwealth.
I respectfully invite attention to the interesting and well arranged statistics compiled from the returns made by the cities and towns to the office of the Provost-Marshal General. I also respectfully commend to the consideration of the General Court the suggestions of legislation which are sub- mitted by Major Blake as a result of his experience in the performance of his duties.
Under the recent law of Congress known as the Conscrip- tion Act, a new system is provided for the discharge of the duties hitherto incumbent on the provost-marshal generals appointed for the various States, and those officers liave been relieved from further service. In presenting this Report, which therefore covers the whole official term of the officer by whom it is made, acknowledgment is due for his intelli-
646 SPECIAL MESSAGES.
gent and valuable services, although restricted in his opera- tions by the insufficient pecuniary means provided by the Federal Government for meeting expenses.
[To the House of Representatives, March 31.]
In compliance with the request of the House of Represen- tatives, received by me this morning, for a statement of the claims, if any, which have been audited and allowed under section three, chapter one hundred and fifty-six of the Acts of 1862, by the Commissioners on the Troy and Greenfield Railroad and Hoosac Tunnel, I have the honor to communi- cate herewith, for the information of the House, copies of three schedules, marked A, B and C, respectively, which contain statements of the several claims audited and allowed by the Commissioners, as set forth in their return thereof, to the Governor and Council.
It will be perceived that the aggregate of these schedules exhausts the whole appropriation applicable under the Act above mentioned to all the claims intended thereby to be provided for.
[To the House of Representatives, April 10.]
I have the honor to transmit herewith to the General Court, a communication received at the Executive depart- ment from His Excellency the Governor of the State of Maine. I would respectfully suggest the propriety of caus- ing inquiry to be made, through a committee of the Legisla- ture, with the view of ascertaining whether any thing is due from this Commonwealth to the State of Maine, on account of the matters alluded to in this communication of the Governor ; and for that jDurpose to hear any allegations, proofs and arguments which may be proposed on behalf of the State of Maine, by the gentleman who is accredited as her agent.
CHANGE OF NAMES.
647
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648
CHANGE OF NAMES.
|
Name Decreed. Residence. |
2 1 b ^ 1 ^ -§ ? H g ;2; ^ |
|
Emma Florence Adams, Mary Emma Delnow, .... Olive Durell Little, .... William AVebb Kussell, |
|
|
S 03 'A « c To •c o |
Emma Dodge, (minor,) Mary E. Cross, (minor,) Olive Durell Stickney, .... William Webb, (minor,) . ' . |
|
^ Date of Decree. |
April 1, . . . May 20, Julyl, October 7, . |
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CHANGE OF NAMES.
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45
THE
CIVIL GOVERNMENT
Commonbeciltlj of P^assacljusetts,
AND OFFICERS BDIEDIATELY CONNECTED THEREWITH, FOR THE POLITICAL YEAR
18 6 3.
EXECUTIVE DEPARTMENT.
HIS EXCELLEXCY
JO HIST A. AIsTDEEAY GOVERNOR.
ALBERT G. BROWNE, Jr., Private Secretary.
HIS HONOE
JOEL H A Y D E IS^, LIEUTENANT-GOVERNOR.
COUNCIL— (Br Districts.)
I.— PETER T. HOSIER. II.— GERRY W. COCHRANE. III.— JAMES M. SHUTE. IV.— ALFRED HITCHCOCK.
v.— ZENAS M. CRANE. VI.— JONATHAN D. WHEELER. VII.— FRANCIS W. BIRD. VIII.— SAMUEL OSBORNE, Jr.
OLIVER WARNER,
Secretary of the Commonwealth. CHARLES W. LOVETT, Ut Clerl. ALBERT L. FERNALD, 2d Clerk.
HENRY K. OLIVER,
Treasurer and Receiver-General. DANIEL H. ROGERS, 1st Cleric. ARTEMAS HARMON, 2d Clerk.
D WIGHT FOSTER,
Attorney-General. DANIEL A. GLEASON, Clerk.
LEVI REED,
Auditor of Accounts. JULIUS L. CLARKE, Clerk.
GENE R A L CO (I R T :
Ai!uangi;d IX Accoudanck with thf. Disruicr System of 1857.
SENATE.
President— J O N A T II A N E . FIELD
|
District. |
Name of Senator. |
Residence. |
|
|
First Suffolk, . |
Mellen Chamberlain, . |
Chelsea. |
|
|
Second " |
John C. Tucker, |
Boston. |
|
|
Third " |
Peter Harvey, . |
(( |
|
|
Fourth " |
George A. Shaw, |
a |
|
|
Fifth |
Benjamin Dean, . |
u |
|
|
First Essex, |
William F. Johnson, . |
Lynn. |
|
|
Second " |
Israel W. Andrews, . |
Danvers. |
|
|
Third " |
Thomas Wright, . |
Lawrence. |
|
|
Fourth " |
Henry Carter, . |
Bradford. |
|
|
Fifth |
John I. Baker, . |
Beverly. |
|
|
First Middlesex, . |
Erastus 0. Haven, |
Maiden. |
|
|
Second " |
Joseph Breck, |
Brighton. |
|
|
Third |
Thomas Rice, |
Newton. |
|
|
Fourth " |
Francis Brinley, . |
Tyn[!sborough. |
|
|
Fifth |
Horace P. Wakefield. . |
Heading. |
|
|
Sixth " |
Samuel A. Brown, |
Lowell. |
|
|
Central Worcester, ^ . |
1 Hartley Williams, |
Worcester. |
658
SENATE.
|
District. |
Name of Senator. |
Residence. |
|
South-East Worcester, |
William K. Hill, |
Sutton. |
|
South-West |
Asher Joslin, |
Webster. |
|
West |
George Whitney, |
Royalston. |
|
North-East " |
Joel C. Allen, . |
Leominster. |
|
East |
Hosea Crane, |
Millbury. |
|
Hampshire, |
Albert Nichols, . |
Chesterfield. |
|
Franklin, . |
Robert Crawford, |
Deerfield. |
|
Hampshire & Franklin, |
George H. Gilbert, . |
Ware. |
|
West Hampden, . |
Milton B. Whitney, . |
Westfield. |
|
East |
George D wight, . |
Springfield. |
|
North Berkshire, |
Edwin F. Jenks, |
Adams. |
|
South " |
Jonathan E. Field, |
Stockbridge. |
|
North Norfolk, . |
William D. Swan, |
Dorchester. |
|
East " |
Francis M. Johnson, . |
Quincy. |
|
West |
Otis Cary, .... |
Foxborough. |
|
North Bristol, |
Harvey M. Richards, . |
Attleborough. |
|
South " |
Francis W. Mason, |
Dartmouth. |
|
West |
William L. Slade, . |
Somerset. |
|
North Plymouth, |
Solomon J. Beal, |
Cohasset. |
|
South |
Joshua E. Crane, |
Bridgewater. |
|
Middle " |
James H. Mitchell, |
E. Bridgewater. |
|
Cape, |
R. H. Libby, |
Wellfleet. |
|
Island, |
Nathan Crocker, |
Barnstable. |
STEPHEN N. GIFFORD, Ckrh. EDWARD W. CLARK, Chaplain.
JOHN MORISSEY, Sergeant-at-Arms.
HOUSE OF REPRESENTATIVES.
.Sy;eaier— ALEXANDER H. BULLOCK.
COUNTY OF SUFFOLK.
IJame of Renresentative.
1st, 2d,
3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th,
12th,
Ward 1, Boston,
Ward 2, Boston,
Ward 3, Boston, Ward 4, Boston, Ward 5, Boston, Ward 6, Boston, Ward 7, Boston, Ward 8, Boston, Ward 9, Boston, Ward 10, Boston, Ward 11, Boston,
Ward 12, Boston,
John Dacey, Eneas Smyth, .
Josiah M. Read, Hiram A. Stevens, Austin Gove,
James L. Hanson, John F. Flynn,
John A. Stevens, Charles Merriam,
John Bigelow, . Augustine G. Stimson
Peleg W. Chandler, George P. Clapp,
James Riley, Henry W. Foley,
Otis Rich,
James E. Farwell,
Daniel G. Grafton, Charles Nowell,
Samuel H. Gibbens, Cyrus Ilicks,
Jonathan A. Lane, Ambrose A. Rauney
Samuel Leeds, . Thomas Leavitt, Benjamin F. Bayley,
Boston.
a
Boston.
u
Boston.
a
Boston.
Boston.
(1
Boston.
ti
Boston. Boston. Boston. Boston.
u
Boston.
((
Boston.
660
HOUSE OF REPRESENTATIVES.
COUNTY OF SUFFOLK— Concluded.
|
District. |
Town or W |
ard. |
Name of Representative. |
Residence. |
|
|
13th, |
( Chelsea, . } North Chelsea, ( Winthrop, |
' ! L-a Cheever, • r Noble M. Perkins, . |
Chelsea. |
||
|
COUNTY OF ESSEX. |
|||||
|
1st, |
f Amesbury, j Salisbury, 1 Ward 6, Newbury l_ port, . |
■i |
John E. Cowden, John D. Pike, . |
Amesbury. Newburyport. |
|
|
2d, |
Andover, . |
• |
Peter Smith, |
Andover. |
|
|
3d, |
r Beverly, . ■} Wenham, ( Topsfield, |
• |
■■} |
Robert S. Foster, Robert R. Endicot, . |
Beverly. |
|
4;h, |
Danvers, . |
James W. Putnam, . |
Danvers. |
||
|
otb. |
f Essex, [ Manchester, |
■■} |
Daniel Leach, Jr., |
Manchester. |
|
|
6th, |
< Georfjetown, 1 Groveland, |
•I |
Thos. M. Hopkinson, |
Groveland. |
|
|
7th, |
Gloucester, |
.1 |
Benjamin H. Smith, . James S. Jewett, |
Gloucester. |
|
|
8th, |
Haverhill, |
Calvin Butrick, . Gilman Corning, |
Haverhill. |
||
|
9 th, |
j Ipswich, . I Hamilton, |
• |
Alfred Kimball,* |
Ipswich. |
|
|
10th, |
( Wards 3 and 4, Law 1 rence, . |
John J. Doland, |
Lawrence. |
||
|
11th, |
(Wards 1, 2, I Lawrence, |
and 6 |
Lemuel A. Bishop, |
Lawrence. |
|
|
12th, |
Wards 2 and 5 |
, Lynn |
Oliver Ramsdell, |
Lynn. |
|
|
13th, |
5 Wards 1, 6, . I Lynn, . |
md 7, |
Aza A. Breed, |
Lynn. |
|
|
14th, |
( Marblehead & Ward I 5, Salem, |
Darwin E. Ware, Joseph H. Robinson, . |
Marblehead. |
* Elected January 26, vice George W. Ueard, resigned, by reason of inability to attend and qualify.
HOUSE OF REPRESENTATIVES.
COUNTY OF ESSEX— Concluded.
6(U
District.
Town or Want.
Kame of Representative. Ilcsidenec.
ir.*i (Methuon, and Ward) I ^ i -n t
^-^^•''ll 5,L.wronce, .f Jacob Emerson, Jr.,
I' iftfk ' S ^a'l^nt, and Ward 4, > \ rj , • •, i^ loth, : ) I . f I •/-iachanali Graves,
r Newbury, . ."^
17th, -| West Newbury, . >• Amos Bishop, . (Kowley, . . .)
1 Qti, S Wards 1 and 2, New- ) n y -u r^ i • loth, -; , ' \\ Caleb Cushinjj, .
10.U (Wards 3, 4, and 5, M -^ t /^
^^'^ \ Newbu;yrort, . | i ^^«^S« ^- ^^^^S^'
! ( Bradford, . 20th, \ North Andover,
I
I / Boxford, . . \\
21st, i Rockport,
22d, Wards 1 & 3, Salem,
23d ^ "^^a/f^s 2, 4, and G, ) ' I i Salem, . . <"
I I
! ( Saugus, .
24th, -^ Lynnfield,
( Middleton,
25th, South Danvers,
I 9gjjj J J Swampscott, & Ward ]
' 1 J 3 T .I'nn ' f
i I 8, Lynn,
John Perley,
David Bremner,
Samuel R. Hathaway,
John Bertram, . . j" j James A. Gillis,
John Howlett, .
WiUiam H. Little, . Henry W. Warren, .
■ \
Methuen. Lynn.
Rowley.
Newburyport. Newburyport.
Bradford.
Rockport.
Salem.
Salem.
Saugus.
South Danvers. Lynn.
COUNTY OF MIDDLESEX.
|
1st, |
Ward l,Charlestown, |
Horatio Wellington, . |
Charlestown. |
|
2d, |
5 Wards 2 & 3, Charles- ( i town, . . . i |
William 1). Long, Abel E. Bridge, Phinehas J. Stone, . |
Charlestown. |
|
3d, |
Somerville, |
Chester Guild, . |
Somerville. |
|
4th, |
Maiden, . |
George W. Copeland, |
Maiden. |
46
662
HOUSE OF REPRESENTATIVES. COUNTY OF MIDDLESEX— Continued.
|
District. |
Town or City. |
Name of Representative. |
Residence. |
|
|
5th, |
Medford, . |
John Stetson, , |
Medford. |
|
|
6th* |
( West Cambridge, I Winchester, |
} |
Frederick 0. Prince, |
Winchester. |
|
7th, |
Cambridge, |
1 |
Charles F. Choate, . P. Francis Wells, . Knowlton S. Chaffee, |
Cambridge. |
|
8th, |
( Newton, . 1 Brighton, . |
} |
David H. Mason, Isaac Hagar, |
Newton. |
|
9 th,* |
( Watertown, I Waltham, |
} |
James G. Moore, Winth'p W. Chenery, |
Waltham. Belmont. |
|
10th, |
r Concord, . ■< Lincoln, .• (Weston, . |
1 |
George Heywood, |
Concord. |
|
11th, |
Natick, . |
Nathaniel Clark, |
Natick. |
|
|
12th, |
j" Holliston, I Sherborn, |
\ |
Abijah R. Leland, |
Sherborn. |
|
13th, |
( Ashland, . I Ilopkinton, |
\ |
Erastus Thompson, . |
Hopkinton. |
|
14th, |
Framingham, . |
James W. Clark, |
Framingham. |
|
|
loth, |
Marlborough, . |
Francis Brigham, |
Marlborough. |
|
|
16th, |
( Stow, ) Sudbury, . ( Wayland, |
] |
Harrison A. Shorey, . |
Wayland. |
|
17th, |
f Acton, J Box borough, . j Littleton, . l^ Carlisle, . |
1 1 J |
John R. Whitcomb, . |
Littleton. |
|
18th, |
rBiirliuffton, .] Bedford, . ( Lexington, |
William A. Tower, . |
Lexingtdn. |
|
|
19th, |
Woburn, . |
George H. Conn, |
Woburn. |
|
|
20th, |
( South Reading, ■^ Melrose, . ( Stoneham, |
is |
Isaac Emerson, . Leander F. Lynde, . |
Melrose. Stoneham. |
♦ Town of Belmont incorporated 1859, embracing portions of Districts 6 and 9.
HOUSE OF REPRESENTATIYES.
COUNTY OF ^IIDDLESEX— Concluded.
663
District
21st, 22d,
23d,
24th,
25th,
26th, 27th,
Town or Wnrd.
Name of Representative.
Reading, . Korlh ixeading,
Wilmington, Tewksbury, Billerica, .
Wards 1, 2, and Lowell,
j Wards 3, 4, and ( Lowell,
( Chelmsford, -< Dracut, . { Tyngsborough,
f Shirley, .
Groton, .
Dunstable, I Westfbrd, LPepperell,
5 Townsend, I Ashby,
t J. Brooks Leathe, Joshua Clark, .
Paul Hill, . Lorenzo G. Howe, Frederic Holton,
Tappan Wentworth, . John A. Buttriek, Joshua N. Marshall, .
Atkinson C. Varnum,
Isaac O. Taylor, Albert Leighton,
Abram S. French,
Reading.
Tewksbury. Lowell.
n u
Lowell.
((
u
Dracut.
Dunstable. Pepperell.
Townsend.
COUNTY OF WORCESTER.
|
1st, |
5 Ashburnham, . ( Winchendon, . |
} |
Thomas Boutelle, |
Ashburnham. |
|
2d, |
1 Athol, ( Royalston, |
I |
Alpheus Harding, Jr., |
Athol. |
|
3d, |
TDana, ■} Petersham, ( Phillipston, |
1 |
Edward Powers, |
Phillipston. |
|
4th, |
( Templeton, ( Hubbardston, . |
i |
Horace Underwood, . |
Hubbardston. |
|
5th, |
( Gardner, . \ Westminster, . |
Franklin Wyman, |
Westminster. |
664
HOUSE OF
COUNTY OF
REPRESENTATIVES.
WORCESTER— Continued.
|
District. |
Town. |
Name of Representative. |
Kesidence. |
|
|
6lh, |
fFitchburg, J Leominster, j Sterlinsr, . [^Lunenburg, |
'•1 1 •J |
William H. Vose, Hale W. Page, . Luke Sawyer, . |
Fitchburg. u Sterling. |
|
7th, |
( Harvard, . ■} Bolton, ( Berlin, |
:| |
E. Hartshorn, . |
Berlin. |
|
8 lb, |
< Clinton, . 1 Lancaster, |
:1 |
John L. S. Thompson, |
Lancaster. |
|
9th, |
r Princeton, ■) Rutland, . ( Oakham, . |
:S |
Joseph Diivis, . |
Rutland. |
|
10th, |
C Barre, 1 Hard wick. |
:1 |
J. Henry GodJard, . |
Barre. |
|
11th, |
r Warren, . J West Brookfield, (New Braintree, |
;! |
Saxton P. Martin. |
New Braintree. |
|
12th, |
( North Brookfield, I Brookfield, |
•1 |
Thomas Bond, . |
Brookfield. |
|
13th, |
f Leicester, 1 Spencer, . |
■■} |
Luther Hill, |
Spencer. |
|
14th, |
C West Boj'lston, ^ Holden, . ( Pa.xton, . |
■■} |
Linus M. Harris, |
West Boylston |
|
1.5 th, |
( Shrewsbury, < Northborough, . ( Boylston, . |
■i |
Horace Kendall, |
Boylston. |
|
16th, |
j Westborough, . ( Southborough, . |
:} |
Samuel M. Griggs, . |
Westborough. |
|
17th, |
Grafton, . |
William G. Scandlin, |
Grafton. |
|
|
18th, |
1 Northbrldge, . ( Upton, |
■■} |
William Kendall, |
Northbrldge. |
|
t 19th, |
IMilford, . |
■\ |
Aaron C Mayhew, . H. 0. Lothrop, . |
Milford. |
|
20th, |
( U.xbridge, 1 Mendon, . |
■■} |
William C. Capron, . |
Uxbridge. |
HOUSE OF REPRESENTATIVES. COUNTY OF WORCESTER— Conoluded.
665
District.
21st, 22d,
23d,
24th,
25th,
26th, 2Tth, 28th, 29th,
Town or Ward.
Blackstone,
\ Webster, . } Douglas, .
( Sontlibridge, I Dudley, .
< Charlton, . I Sturbridge,
f Oxford, .
< Sutton, (Millbury, .
^ Auburn, and Ward \ 6, Worcester,
( Wards 1 and 2, Wm-- ( cester, .
5 Wards 3 and 8, Wor- l coster, .
( Wards 4 and 5, Wor- \ cester, .
Name of UepreseiUative.
30th, I Ward 7, Worcester, ,
Channing Smith, F. D. Brown, .
Calvin A. Paige,
Elisha Southwick,
Moses S. Johnson, Jason Waters, .
Elbridge G. Warren,
Samuel Souther,
Warren Williams,
Vernon A. Ladd, Alex'r H. Bullock, .
Blackstone. AVebster.
Southbridge.
Sturbridsje.
Oxford. Sutton.
Auburn.
W^orcester.
AVorcesI er.
Worcester. Worcester.
COUNTY OF HAMPSHIRE.
1st,
2d,
3d,
4th,
f Easthampton, J Hatfield, .
Northamjiton,
l_ Southampton,
f Chesterfield, J Huntington, i j Westhampton,
l_ Williamsburg,
f Cumniington, j Goshen, . ■{ Middlefiold,
Plainfield, [_ Worthington,
(Hadley, . ( South Hadley,
Erastus Hopkins, Eli A. Hubbard,
Daniel F. Morton,
1 I }■ Almon Mitchell,
I j Stephen C. Weld,
Northampton. Easthampton.
Williamsburs.
Cummington.
South Hadley.
666
HOUSE OF EEPRESENTATIVES. COUNTY OF HAMPSHIRE— Concluded.
|
District. |
Town or Ward. |
Kame of Representative. |
Residence. |
|
5th, 6th, |
( Amherst, . . .') 4 Granby, . . .)- (Pelbam, . . .) 'Belchertown, . .^ Enfield, . ■< Greenwich, . . )■ Prescott, . ,Ware, . . .J |
Samuel Smith, Jr., . Joseph Hartwell, William N. Fay, |
Granby. Ware. Belchertown. |
COUNTY OF HAMPDEN.
1st,
2d, 3d,
4th,
5th,
6th,
7th,
8th,
9th, 10th,
11th,
fBrimfield, J Monson, . I Holland, . . . . L Wales, . . .J
Palmer, .
5 Wilbraham, . . ] ( Longmeadow, . . |
$ Wards 1 & 2, Spring- ) I field, . . .;
< Wards 3 & 4, Spring- ) i field, . ! °.|
( Wards 5, 6, 7 and 8, ) ( Springfield, . . )
( Chicopee, I Ludlow, .
^ Holyoke, .
} West Springfield,
Agawam, . Southwick, Granville,
Westfield,
' Chester, .
Blandford,
Tolland, .
Montgomery, . _ Russell, .
Newton S. Hubbard, ,
James S. Loomis, . . Luther Markham,
Eliphalet Trask,
Daniel L. Harris,
Harvey E. Moseley, .
James M. Smith, William Thayer,
Richard Pettee,
Samuel Flower, Henry J. Bush,
William M. Lewis, .
Brimfield.
Palmer. Longmeadow.
Springfield.
Springfield.
Springfield. Chicopee.
Holyoke.
Agawam. Westfield.
Blandford.
HOUSE OF REPRESENTATIVES. COUNTY OF FRANKLIN.
G67
District
1st,
2d,
3d,
4th,
5th,
6th,
7 th,
CRernardston,
Colrain, .
Greenfield,
Gill,
Lejden, . ^ Shelburne,
rBuckland, Charlemont,
\ Heath, . Monroe, .
[_ Rowe,
TAshfield, . J Conway, . ( Hawley, .
( Deerfield, I Whately, .
f Leverett, . J Shutesbury, ) Sunderland, 1, Wendell, .
fErvinrr, .
■< Montapue, ( Northfield,
New Salem, Orange, . Warwick,
JTamo of Representative. Residence
Henry L. Pratt, . Greenfield. Cheuery Pufier, . Shelburne.
Gilbert B. Hayes, . Buckland. Franklin Pease, • Conway.
Cyrus A. Stowell,
Deerfield.
Avery D. Hubbard, . Sunderland
Samuel W. Button,
Increase S. Lincoln, .
Northfield.
Warwick.
COUNTY OF BERKSHIRE.
1st,
2d,
f Hancock, . J Lanesborouph, j New Asbford, l_ Williamstown,
Adams, Cheshire, . Clarksburg, Florida, . l_ Savoy,
Daniel Day,
George W. Adams, Sylvester A. Kemp,
Lanesborough.
Adams. Florida.
668
HOUSE OF REPRESENTATIVES.
COUNTY OF BERKSHIPtE— Concluded.
|
District. |
Towu or City. |
Name of Kepresentative. |
Residence. |
|
|
3d, |
( Pittsfield, . -> Dalton, . ( Richmond, |
i |
Burr Chamberlin, John V. Barker, |
Dalton. Pittsfield. |
|
4th, |
fBecket, . 1 Hinsdale, . { Peru, 1 Washington, [ Windsor, . |
•1 |
Jarvis Rockwell, |
Hinsdale. |
|
5th, |
r Lenox, } Stockbridge, . ( West Stockbridge, |
1 |
Thomas Post, . |
Lenox. |
|
6th, |
5 Lee, I Tyringham, |
! |
William G. Merrill, . |
Lee. |
|
7th, |
( Great Barrington, ■] Alford, . ( Monterey, |
> |
Justin Dewey, Jr., . |
Gt. Barrington. |
|
8th, |
( New Marlborough, -| Sandisfield, ( Otis, |
1 |
Isaac L. Bristol, |
Otis. |
|
9th, |
r Sheffield, . ■} M 0 u n t Washington , (Egremont, |
\ |
Archibald Taft, . |
Sheffield. |
COUNTY OF NORFOLK.
|
1st, |
Dedham, , |
William Bullard, |
Dedham. |
|
2d, |
West Roxbury, |
Benjamin F. Cutter, . |
West Roxbury. |
|
3d, |
Brookline, |
Thomas Parsons, |
Brookline. |
|
4th, |
Roxbury, . . ■< |
William J. Reynolds, Stephen H. Williams, George B. Nichols, . |
Roxbury. |
|
5th, |
Dorchester, . . ) |
Henry A. Scudder, . Robert Johnson, |
Dorchester. |
|
6th, |
Quincy, . |
John Chamberlin, |
Quincy. |
|
7th, |
Braintree, |
Alva Morrison, . |
Braintree. |
HOUSE OP REPRESENTATIVES. COUNTY OF NORFOLK— Concluded.
()69
|
District. |
Town or City. |
Name of Rpprescntativo. |
Kcsidence. |
|
|
8th, |
Weymoutli, |
( |
Oliver Loud, Levi A. Abbott, |
Weymouth. |
|
9th, |
Randolph, |
Thomas White, . |
Randolph. |
|
|
10th, |
Stoughton, |
Jesse Holmes, . |
Stoughton. |
|
|
11th, |
f Canton, . J ^lilton, . 1 Walpole, . L Sharon, . |
0 1 |
Oliver S. Chapman, • Elbridge G. Piper, . |
Canton. Walpole. |
|
12th, |
( Foxborough, ■< Wrcntham, (Medway, . |
;i |
Robert W. Kerr, Caleb W. Sayles, |
Foxborough. Wrcntham. |
|
13th, |
5 Franklin, . I Bellingbam, |
:! |
William M. Thayer, . |
Franklin. |
|
14th, |
( Needham, J. Medfield, . ( Dover, |
:! |
Chas. C. Greenwood, |
Needham. |
|
COUNTY |
OF BRISTOL. |
|||
|
1st, |
( Pawtucket, \ Attleborough, . |
Horatio N. Richardson, John Thompson, |
Attleborough. (1 |
|
|
2d, |
( Mansfield, I Norton, . |
\ |
Horatio Bates, . |
Norton. |
|
3d, |
5 Easton, . ( Raynham, |
} |
Alson A. Gilmore, |
Easton. |
|
4th, |
Taunton, . |
! |
Zacheus Sherman, John E. Sanford, John W. D. Hall, . |
Taunton. u |
|
5th, |
5 Rehoboth, ( Seekonk, . |
} |
Nathaniel B. Horton, |
Rehoboth. |
|
6th, |
( Dighton, . -| Somerset, ( Swanzey, |
\ |
William H. Pearse, . |
Swanzey. |
|
7th, |
Fall River, |
5 |
Simeon Borden, Henry Pratt, . |
Fall River. a |
47
670
HOUSE OF EEPRESENTATIYES. COUNTY OF BRISTOL— Concluded.
Town or Ward.
8th,
9th, 10th,
11th, 12th,
Westport,
Dartmouth,
( Wards 1 and 2, New } \ Bedford, . .]"
5 Wards 3, 4, 5 and 6, ^ I New Bedford, . 1
f Acushnet, J Berkley, . I Freetown, 1^ Fairhaven,
•1
Kame of Eopresentative.
Ezra P. Brownell,
Calvin K. Turner, 2d,
Charles Almy, . Horatio A. Kempton,
Nathaniel Gilbert, Wright Brownell, Charles T. Bonney, .
Ezekiel Sawin, . Wm. H. Washburn,
Westport. Dartmouth. New Bedford.
New Bedford.
Fairhaven.
Acushnet.
COUNTY OF PLYMOUTH.
1st,
2d,
3d,
4th, 5th, 6th, 7th,
8th,
9th,
10th,
11th,
( Hull,
■< Cohasset, .
( Scituate, .
Hingham,
j" South Scituate, I Hanover, .
( Marshfield, I Pembroke,
j Duxbury, . I Kingston, .
( Plymouth, ( Carver, .
f Wareham, I Marion, .
( Mattapoisett, . •< Rochester, ( Lakeville,
Middleborough,
^ Bridgewater, . I West Bridgewater,
5 East Bridgewater, I North Bridgewater,
Joseph Osgood, .
Crocker Wilder, Isaac M. Wilder,
Wm. H. H. Bryant, .
Alden S. Bradford, .
Jacob H. Loud, . Thomas Pierce, .
Benjamin F. Gibbs, .
David Lewis,
Everett Robinson,
Joseph E. Carver,
Ezra Kingman, . George B. Dunbar, .
Cohasset.
Hingham. Hanover.
Pembroke.
Kingston. Plymouth.
Wareham.
Rochester.
Middleborough.
Bridgewater.
E. Bridgewater. N. Bridgewater.
HOUSE OF REPRESENTATIVES.
COUNTY OF TLYMOUTU— Concluded.
|
District |
Town. |
Name of KcprescntatiTC. |
Ucsidence. |
|
12th, 13th, |
Abington, . . < (Hanson, . . .) ^Halita.x, . . S ( Plympton, . . ) |
Jacob B. Harris, Horace Heed, . Charles H. Perkins, . |
Abington. Plympton. |
COUNTY OF BARNSTABLE.
|
1st, |
( Barnstable, . . ") ■I Sandwich, . . >- ( Falmouth, . . ) |
Charles Marston, Zebedee Greene, Elisha G. Burgess, . |
Barnstable. Sandwich. Falmouth. |
|
2d, |
f Yarmouth, . . "] j Dennis, . . . ! ' Harwich, . . . ' [^Chatham,. . .J |
Isaac B. Young, M. S. Underwood, . Danforth S. Steel, . |
Chatham. Dennis. Harwich. |
|
3d, |
( Brewster, . . .) -| Orleans, . . . V ( Eastham, . . . ) |
Truman Doane, |
Orleans. |
|
4th, |
rWellfleet,. . .^ -Truro, . . S (Provincetown, . .) |
Smith K. Hopkins, . Benjamin Oliver, |
Truro. WelUleet. |
DUKES COUNTY.
! ( Edgartown, One. j ■< Tisbury, . 1 ( Chilmark,
W. H. Sturtevant,
COUNTY OF NANTUCKET.
One. ' Nantucket,
Andrew J. Morton, Charles F. Brown,
Tisbury.
Nantucket.
WILLIA:M S. ROBINSON, Clerk. GEORGE S. BALL, Chaplain.
JOHN jrORLSSEY, Sergeant-at-Arms. JAMES II. ALLEN, Door-keeper.
671
JUDICIAL DEPARTMENT
SUPREME JUDICIAL COURT
CHIEF JUSTICE.
GEORGE T. BIGELOW, of Boston.
ASSOCIATE JUSTICES.
CHARLES A. DEWEY, of Northampton. THERON METCALF, of Boston. PLINY MERRICK, of Boston. EBENEZER R. HOAR, of Concord. REUBEN A. CHAPMAN, of Springfield.
SUPERIOR COURT.
CHIEF JUSTICE.
CHARLES ALLEN, of Worcestei^
ASSOCIATE JUSTICES.
JULIUS ROCKWELL, of PittsfeU. OTIS P. LORD, of Salem. MARCUS MORTON, Jr., of Andover. EZRA WILKINSON, of Dedham. HENRY VOSE, of Springfield. SETH AMES, of Camhridge. THOMAS RUSSELL, of Boston. JOHN P. PUTNAM, of Boston. LINCOLN F. BRIGHAM, of New Bedford.
JUDICIAL DEPARTMENT.
t)V^
JUDGES OF PROBATE AM)
ISAAC AM i:S, Boston, . GEORGE F. CIIOATE. Salem, . WILLIAM A. EICIIARDSON, Lowell, HENRY CHAPIN, Worcester, SAMUEL F. LYIMAN, Northampton, JOHN WELLS, Chicopee, CHARLES MATTOON, Greenfield, JAMES T. ROBINSON, North Adams, GEORGE WHITE, Quincy, . WILLIAM II. WOOD, Middleborough, EDMUND H. BENNETT, Taunton, JOSEPH M. DAY, Barnstable, THEODORE G. MAYHEW, Edgartown, EDWARD M. GARDNER, Nantucket, .
INSOLVENCY.
SUFKOLIv.
Essex.
Middlesex.
woucestek.
IlAMrSHIRK.
Hampden.
^KAXKLIN.
Bekkshiee.
Norfolk.
Plyjiouth.
Bristol.
barx.stable.
Dukes.
Nantucket.
DISTRICT-ATTORNEYS.
GEORGE P. SANGER, Boston, . ISAAC S. MORSE, Lowell, .... ALFRED A. ABBOTT, South Danvers, BENJAMIN W. HARRIS, East Bridgewater, GEORGE MARSTON, Barnstable, . P. EMORY ALDRICH, Worcester, . EDWARD B. GILLETT, Westfield, SAMUEL T. SPAULDING, Northampton, .
Suffolk.
Northern.
Eastern.
South-Eastern.
Southern.
Middle.
Western.
Nortii-Western.
SHERIFFS.
JOHN M. CLARK, Boston, .... JAilES GARY, Lawrence, .... CHARLES KIMBALL, Lowell, JOHN S. C. KNOWLTON, Worcester, HENRY A. LONGLEY, Northampton, . FREDERICK BUSH, Springfield, . SAilUEL H. REED, Greenfield, . GRAHAM A. ROOT, Sheffield, . JOHN W. THOMAS, Dedham, . CHARLES B. II. FESSENDEN, New Bedford, JAMES BATES, Plymouth, .... DAYID BURSLEY, Barnstable, . SAMUEL KENNISTON, Edgartown, . ,* Nantucket,
Suffolk.
Essex.
Middlesex.
Worcester.
Hampshire.
Hampden.
Franklin.
Berkshire.
Norfolk.
Bristol.
Plymouth.
Barnstable.
Dukes.
Nantucket.
Deceased : vacancy not filled.
674
MEMBERS OF CONGRESS.
CLERKS OF COURTS.
GEORGE C. WILDE, Boston, Supreme Judicial Court,
JOSEPH WILLARD, Boston, Superior Court, Civil T.,
FRANCIS H. UNDERWOOD, Boston, Criminal T.,
ASAHEL HUNTINGTON, Salem,
BENJAMIN F. HAM, Natick, .
JOSEPH MASON, Worcester, .
SAMUEL WELLS, Northampton,
GEORGE B. MORRIS, Springfield,
GEORGE GRENNELL, Greenfield,
HENRY W. TAFT, Lenox,-
EZRA W. SAMPSON, Dedham,
JOHN S. BRAYTON, Taunton,
WILLIAM H. WHITMAN, Plymouth,
JAMES B. CROCKER, Barnstable,
RICHARD L. PEASE, Edgartown,
GEORGE COBB, Nantucket, .
Commonwealth.
Suffolk.
Essex.
Middlesex.
Worcester.
Hampshire.
Hampden.
Franklin.
Berkshire.
Norfolk.
Bristol.
Plymouth.
Barnstable.
Dukes.
Nantucket.
MEMBERS OF THE THIRTY-EIGHTH CONGRESS.
SENATORS.
CHARLES SUMNER, of Boston. HENRY WILSON, of Natich
REPRESENTATIVES.
District L— THOMAS D. ELIOT, of New Bedford. II._OAKES AMES, of Easton. III.— ALEXANDER H. RICE, of Boston. IV.— SAMUEL HOOPER, of Boston. v.— JOHN B. ALLEY, of Lynn. VL— DANIEL W. GOOCH, of Melrose. VII.— GEORGE S. BOUTWELL, of Groton. VHI.— JOHN D. BALDWIN, of Worcester. IX.— WILLIAM B. WASHBURN, of Greenfield. X.— HENRY L. DAWES, of Adams.
CommonfocHltjj of Ulassarljusttfs.
Secretary's Department, Bostox, > July 1, 1863. I
I hereby certify the printed Acts and Resolves, contained in this volume, to be true copies of the originals, and that the accompanying papers and other matters there- with are transcripts of official records and returns in this Department.
OLIVER WARNER,
Secretary of the Commonwealth.
INDEX.
A.
Absentees from School, additional concerning, Academy, Military, concerning establishment, Acknowledgment of Deeds of persons in U. S. Service, provision for Acknowledgment of Legal Instrnments, relating to, . Actions for recovery of Taxes and Forfeitures under U. S. Internal Revenue Laws, how commenced, ....
Address of Governor, ......
Adjutant-General, Salary increased, ....
" " Salary of Second Clerk established,
Administrators, powers extended in settling controversies. Affidavits of persons in U. S. Service, provision for, . Agawam River, regulation of Fishery in, .
Agencies for care sick and wounded soldiers. Appropriation for. Agents of Foreign Insurance Companies, certain, in favor, . Agricultural College, Mass., Trustees incorporated, .
" " " Committee authorized to incur expenses
" Societies, certain, for relief of, .
" Society, Hampden County, in favor,
" " Worcester South-East, relating to.
Agriculture and Mechanic Arts, Fund created for Education in. Akin, David K., authorized' to extend Wharf, ... Allotment Commissioners, Expenses appropriated. Allotments of soldiers, to encourage, ....
Almshouse, State, at Bridgewater, in fevor,
" "at Monson, relating to, .
Almshouses, State, removal of certain Indians to, authorized, Amendment to Constitution, concerning, ...
American Board of Commissioners for Foreign Missions, concerning American Steam-ship Company, incorporated, Amherst College, Natural History Department, in favor of, . ArPROPRiATioxs :
Agencies for care sick and wounded Soldiers, to maintain. Agents, certain, of Foreign Insurance Companies, reimburse ment, .......
Allotment Commissioners' expenses,
Anna W. Draper, .....
48
Page 394
582 392
472
443 591 494 369 536 392 435 573 583 517 560 564 567 370 480 402 587 402 571, 585 560 473 561 496 432 582
573
583 587 584
n
INDEX.
Appropriations — Contimicrl.
Arms and Equipments, purchase of, .
Attorney-General, furnishing office,
Boundaries Indian Lands at Gay Head, establishment of,
Catalogues, Museum of Comparative Zoology, .
Defence of Massachusetts Coast,
Discharged Soldiers' Home, ....
Expenses, certain, of 1862, and previous years,
" " of 18G3, ....
F. A. Hobart, ......
F. G. Sanborn, ......
Gay Head Indians, Schools among.
Harbor Commissioners, surveys and expenses of, • from Income of certain Funds, ....
James Hayes, ......
Jerome Washburn and Joseph W. Caton,
J. Henry Jennings, .....
John T. Foley, ......
Maintenance of Government, ....
Mary W. Eussell, .....
MileagCj Compensation and Printing, of Departments,
from Moiety of Income of School Fund,
Monument to Luther C. Ladd and Addison 0. Whitney,
Monuments on line between Mass. and R. I., .
Natural History Department of Amherst College,
O. H. Clark, ......
Punkapog Indians, for support, ....
Eegimental Flags, for replacing.
Selectmen of Plympton, armory rent, .
Simeon Borden, ......
S. J. Fletcher, ......
State Almshouses, Rainsford Island Hospital, Lunatic Paupers and Reform and Nautical Schools, expenses,
State Library, additional accommodations,
State Normal School, at Westfield,
Troy and Greenfield Railroad and Hoosac Tunnel, completion
Watchmen at State House, services as Messengers,
Winthrop W. Chenery, .....
William D. Atkinson, Jr., ....
William Dailej-, ......
William F. Shaw, .....
William N. Bourne, .....
William White, ......
Appropriations by Towns, for discharge of drafted persons, prohibited Arms and Equipments, Governor authorized to purchase. Artillery Company, Newburyport Veteran, Trustees incorporated. Assistant Sergeant-at-Arms, appointment autliorized, . Association, Protective War Claim, incorporated,
Page 567 563
572 580 436 578 370 553 5G8 584 568 589 375 584 581 580 571
359, 379 587
361, 378 366 588 565 582 584 572 567 579 586 575
457 563 566 5:0 586 584 565 581 585 564 588 441 567 531 417 374
INDEX.
Ill
Associations, ruuniy T,a\v Lihrury. ri'Iatinu to. Asylum for liliiid. Miissaciiusetts, in aid, Atkinson, William D.. Jr., in favor,
Attorni'v-Gi'ncral, duties conocrnin!^ certain water rights " room for office provided.
Page 512 5S0
5.s;)
5G3
B.
Bacon, Peter C, acts of, as Justice of Peace, confirmed, Bail in Criminal Cases, concerning, .... Ballard, Charles, in favor, .....
Baltic ^larine and Fire Insurance Company, incorporated, Bank, Boston Penny Savings, time for organizing extended,
" Fairhaven, reduction of Capital authorized,
*' Lee, reduction of Capital authorized, .
" Marblehead, reduction of Capital authorized, .
" Merchants', of Boston, reduction of Capital authorized,
" Merchants', of Newburyjiort, reduction of Capital authorized
" of Mutual Redemption, number of Directors increased,
" Rockport, reduction of Capital authorized,
" South Boston Savings, incorporated,
" Waltham, reduction of Capital authorized,
" Welltieet Savings, incorporated,
" Wrentham, reduction of Capital authorized. Bank Bills, Act of 1860, relating to, suspended,
" " Printing of, regulated, .... Banks authorized to receive and circulate U. S. Notes,
" enabled to sell Stock on which they have lien, .
" organized under General Laws, relating to. Banks, surrender of Charters under U. S. laws, relating to, .
" suspension of specie payments extended,
" Savings, holding Stock in other Banks, relating to, .
•' " powers for investments extended,
" " Tax upon Depositors increased,
Barnstable County, Jail and House of Correction, reconstruction authorized, .......
Bastard Children, Prosecutions for Maintenance of, .
Bay State Steam-boat Company, Charter amended.
Beach, South, in Edgartown, to protect.
Benevolent Society, Boston Irish American, incorporated,
" " Hibernian, incorporated, .
" Total Abstinence Society, Father Mathcw, incorporated,
" " " " Very Reverend Father Mathew,
Bennett and Heard's Digest, purchase and distribution authorized, .
Berkshire Life Insurance Company may extinguish Guaranty Stock,
" Mutual Fire Insurance Company, Charter renewed. Bills of Exchange, maturity of, grace expiring on special days. Blind, Massachusetts Asylum for, in aid, ....
507 403 560 407 452 397 898 397 532 305 414 394 401 400 401 399 434 426 509 490 417 547 363 •536 491 479
537 445 535 459 460 483 421 422 567 396 364 494 580
IV
INDEX.
Board of State Charities established, .... Boilers and Machinery, weighers of, how appointed, . Borden, Simeon, in favor, .....
Boston, Barre and Gardner Railroad Corporation, concerning, Boston College, Trustees incorporated,
" and Fairhaven Iron Works, incorporated,
" House Company, incorporated, ....
" Irish American Benevolent Society, incorporated,
" and Eoxbury INIill Company, Attorney-General to proceed against, ......
" Penny Savings Bank, time for organizing extended, .
" Police Court of, concerning, ....
" Society of Natural History, Sections of Act for aid to, re pealed, ......
" Sugar Refinery, Capital increased,
" Wharf Company, concerning, .... B.oundary Line between Halifax and Plympton, changed,
" " between Massachusetts and Rhode Island, erection of
Monuments on, provided for, " " between Uxbridge and Douglas, relating to, .
Bounties for Enlistment, duties of town officers defined,
" and Recruiting Expenses paid by Towns, legalized,
" paid Volunteers, by Towns, reimbursement provided, Bourne, William N., in favor, ..... Bowley, Gideon, and Joshua E., authorized to extend Wharf, Braintree and Weymouth Turnpike, additional concerning. Bridge, Neponset, additional concerning, Brodhead, William and Ann C, Marriage legalized, Bunker Hill Fire Insurance Company incorporated, Burgess, Reuben and Hope, Marriage legalized, Butler, Major-General, thanks to, presented, .
Page 540 489 586 416 441 483 427 460
588 452 500
531 500 508 365
565 559 441 389 513 564 498 417 417 458 404 458 559
c.
Cambridge Railroad Company, concerning Sinking Fund, Cambridge, Sidcv'alks in, concerning, .... Cape Cod Central Railroad Company, concerning,
" " " " " Towns of Chatham, Harwich
and Orleans may take stock in, . Cape Cod Mutual Fire Insurance Company, incorporated,
" " Railroad Company, authorized to build Wharf, Caton, Joseph W., in favor, ..... Cattle Commissioners, expenses provided for, . Cattle, Disease among, concerning, .... Cavalry, Second Mass., expense of transportation, concerning. Central Mills Company, incorporated, .... Certificates delivered buyers of coal, concerning, Change of Names of Persons, . . . .
Chaplains of Legislature, additional compensation provided, .
42
426 499 431
427, 428 416 422 581 585 583 529 363 487 647 586
INDEX.
Chaiipcquiildiot and Cliristiantown Indians, in fovor, . . . Page 570
Cliaiitalilo and Correctional Institutions, State, relating to, . . 540
Cliaritable Institutions, Public, concerning expenses of Committee, . 585
Cliarlcstown, City of, Act to supply with Water, amended, . . 364
Chatham, Town of, may take stock in Cape Cod Central Kailroad, . 423
Chelsea, Police Court of, concerning, ..... 500
Chenery, Winthrop W., in favor, ..... 584
Ciiildren, Bastard, Prosecutions for maintenance of, . . . 445
" Truant, additional Act concerning, .... 394
" " in Dukes County, concerning, . . . 446
Children and 'Women, New England Hospital for, incorporated, . 412
Christian Education Society, incorporated, .... 429
Church, First, in Braintree, Minister and Deacons to sell estate, . 500
" Methodist Episcopal, in Gloucester, Trustees empowered, . 393
Cities, Elections in, concerning, ..... 455
Civil Government, ....... 654
Claims of State of Maine, respecting, ..... 585
Clapp's Pond, Pickerel in, to protect, ..... 418
Clarke, O. H., in favor, ........ 584
Cleaveland, Daniel O., in favor, ..... 575
Clerk, Second, of Adjutant-General, Salary established, . . 369
Clerks of Courts, concerning, ...... 405
Coal, Buyers of, concerning delivery of Certificates to, . . 487
Coast Defences of Massachusetts, relating to, . . . • 436
Collectors of Internal Revenue, may sue for recovery, . . . 443
College, Agricultural, Trustees incorporated, .... 517
" " expenses of Committee authorized, . . 560
" Amherst, in favor Natural History Department, . . 582
" Boston, Trustees incorporated, .... 441
Commercial Mutual Marine Insurance Company, Charter extended, 390
Commissioner to International Exhibition at Hamburg, expenses, . 584
Commissioners, Allotment, expenses for current year, . . 587
" Cattle, payment of expenses provided for, . . 585
" for Foreign Missions, American Board, concerning, . 496
" on Harbors and Flats, appropriation for surveys and
expenses, ...... 589
" Horse Kailroad, concerning, . . . • 529
Commitments to Reform and Industrial Schools, concerning Record, 501
Committee on Agricultural College, certain expenditures authorized, 560
" on Finance authorized to employ Clerk, . . . 560
" on Public Charitable Institutions, expenses, . . 585
Commonwealth's Estate, South Street, Boston, sale authorized, . 587
Company C, Seventh Regiment Massachusetts Volunteers, in favor, 566
Congress, Grant of Lands for Agriculture and Mechanic Arts, accepted, 480 Connecticut, General Assembly, Attorney-General to oppose action
on certain water rights, ....•• 589
Constitution, Amendment to, concerning, .... 561
«
vi
INDEX.
Contracts for payment of money beyond United States limits, relating
to, . Convicts in Jails, Employment of, concerning, Copartnership, Married Women prohibited from forming. Corporations, Manufacturing, liabilities of defined, . " to make returns to assessors of towns, .
" Tax on Stock held by non-residents levied,
" more equal Taxation of, to secure,
Correctional and Charitable Institutions, State, relating to. Counterfeiting, aid granted for suppression of. County Law Library Associations, relating to, .
" Taxes granted, ..... Court, Probate, in Nantucket, terms changed, .
" Superior, Terms may continue for pending cases. Courts, Clerks of, concerning, . . . •
" Police, and of Boston and Chelsea, concerning, " " Jurisdiction given in certain cases,
" Probate, in Plymouth County, concerning, " Probate and Insolvency, concerning applications to, Criminal Cases, concerning Bail,
" Jurisdiction in Hull, relating to, Crowell, Prince S., authorized to build Wharf, Curtis, George T., acts as Justice Peace confirmed, .
Page 502 426 47^ 550 550 536 437 540 566 512 678 458 379 405 500 413 549 472 403 492 411 405
D.
Dailey, William, in favor, .....
Dartmouth Indians, Eesolve on petition of, .
Debtors, Insolvent, concerning Schedules filed by,
Dedham and West Eoxbviry Railroad, time for construction extended
Deeds, Acknowledgment of, relating to, . . .
" " of persons in United States service, for
taking, ....
" Registers of, concerning, ....
" Registry of, concerning, ....
Defences, Coast, relating to, .
Depositions of Persons in Army or Navy, for taking,. Deserters and Drafted Men, concerning apprehension of. Digest, Bennett and Heard's, distribution authorized, . Dighton and Somerset Railroad Company, incorporated. Discharge of vested rights, by Executors and others, relating to. Discharged Soldiers' Home, in favor, .... Disease among Cattle, " Pleuro-pneumonia," relating to. Divorce, Libels for, concerning, ....
Documents and Reports, Public, concerning, . Dogs, License of, concerning, ..... Door-keepers of Legislature, additional Compensation provided.
58l 571 409 3G2 472
392 501 531 436 392 471 567
376, 504 534 578 SS3 431
516, 539 433 586
INDEX.
vli
Dorcliostor and Jlilton Uraiich IJailroad, time for construction ex ton(lo<l, ..... " Kaihvay Company, concorninix,
Douglas and Uxl)ridjj;e, Boundary line, velatinix to,
Drafted Persons, Appropriations for discliarge, by Towns, prohibited " " and Deserters, concerning ajipreliension of,
" '• Families of, in aid, ...
Drains in Springfield, construction authorized,
Drake, Augustin J., in favor, ....
Draper. Anna W., in favor, ....
Drawbridges in Eailroads, relating to, .
Drill. Military, in Public Schools, concerning,
Dudley Indians, in favor, ....
|
• |
Page |
504 535 559 |
|
)hibited |
441 471 491 429 5G6 584 447 580 579 |
E.
East Boston Wharf Company, Capital increased, '' Cambridge Land Company, Capital increased, . " Falmouth Herring River Company, incorporated, Eastern Railroad Company, concerning, Easton, Jemima, in favor, ....
Edgartown, South Beach in, protection. Election of Jloderators of Town Meetings, relating to. Elections in Cities, concerning, ....
" of Town Officers in 18C3 legalized, . Emerton, Increase N., in favor.
Enlistments and Recruiting, to promote and regulate, Enrollment of Militia, relating to, .
Equipments and Arms, Governor authorized to purchase, Essex Railroad Company, concerning, . Estates, Insolvent, of persons deceased, concerning, . Exchange, Current rate to determine value of foreign debts, Executions on Real Estate, Writs of Scire Facias in certain cases, Executors, discharge of Vested Rights by, concerning,
" Powers of, extended in settling controversies.
Exhibition, International at Hamburg, expenses of Commissioner, Eye and Ear Infirmary, Massachusetts Charitable, in favor, .
450 450 415 419 5G4 459 501 455 447 575 419, 529 499 5G7 419 512 502 444 534 536 584 561
F.
Fairhaven Bank, reduction of Cai)ital authorized, Fall River, City of, may change Ward limits, . Fall River and Warren Railroad Company, concerning, Families of Drafted Men, in aid of, .
" of Volunteers, additional Act in aiil of. Fasts, Special, notes due on, when to be paid, . Father Mathew Total Abstinence Society, incorporated,
" " Very Rev., Total Abstinence Society, incorporated,
397 454 362 491 413 494 421 422
VIU
INDEX.
Fees, certain, in Secretary's Department, defined,
Fence- Viewers, concerning, . . . . ,
Fibrilia Felting Company, location changed, . Field Drivers, Fees for driving Swine established. Fifth Universalist Society in Boston, Name changed to Shawmut Finance Committee authorized to employ Clerk, Fire Insurance Companies, concerning, Fii'st Church in Braintree, Minister and Deacons, to sell estate. First Society Methodist Episcopal Church in Gloucester, Name established, . . ....
Fisheries in Taunton Great River, concerning. Fishery in Agawam and Half-way Pond Rivers, regulated. Flags of Regiments, lost or worn out, provision for replacing Fletcher, Samuel J., in favor, ....
Foley, John T., in favor, ....
Foreign Insurance Companies, certain Agents of, in favor,
" JNIissions, American Board of Commissioners, concerning, Franklin Mutual Fire Insurance Company, Charter renewed, Frauds, certain, relating to punishment of, . French, Caleb, Trustees under "Will of, to sell estate. Fund for Education in Agriculture and Mechanic Arts, created. Funds in custody of Commonwealth, income of, concerning, .
Pas
G.
Gas-Light Company, Maiden and Melrose, concerning, " " " Springfield, Capital increased, .
Gay Head Indians, Lands of, establishment of boundary lines " " " Schools of, in favor,
Glasgow Company, increase of Capital authorized,
Governor, Address of, . . . .
Goward, Watson, acts as Justice of Peace confirmed,
Grace on Bills of Exchange, &c., due on certain days,
Grafton, Town of, in favor, ....
Granite Mills, incorporated, ....
Guard, State, formation authorized.
Guardians, Powers of, extended in settling controversies,
H.
Habeas Corpus, discharge of Soldiers on Writ of, Hadley Company, incorporated, ....
Half-way Pond River, Fishery regulated, ...
Halifiix and Plympton, Towns of, line between established, . Halifax, Town of, Act of 1861, establishing Polls and Estates
amended, .......
Hampden County Agricultural Society, in fevor, Hancock, Charles L., authorized to sell estate,
" Mills incorporated, .....
INDEX.
IX
Harbor Comniissioiu-rs, Appropriation for surveys und expenses of,
Harwich, Town of, nutliorized to take stock in C. C. C. II. Co.,
Hastings, Caroline E., in favor,
Hayes, James, in fivvor, ....
Hecktor, John, in favor,
Herring River Company, East Falmouth, incorporate
Hibernian Benevolent Society, incorporated, .
Highways, location and alteration of, relating to,
Hobart, Francis A., in favor,
Hobbs, William, Jr., acts, as Notary Public, confirmed.
Home for Discharged Soldiers, in favor.
Home for Inebriates, Washingtonian, in favor,
Hoosac Tunnel, additional Act for completing,
Horse Railroad Commissioners, concerning, .
" " Companies, gauge of tracks prescribed,
" " Company, Cambridge, investments of Sinking Fund,
" " " Dedham and West Roxbury, time for con-
struction extended, " " " Dorchester, concerning,
*' " " Lowell, incorporated,
" " " Lynn and Boston, may lease other roads,
" " " Melrose and South Reading, incorporated,
" " " Merrimack Valley, incoi-porated, .
'• " " Newton, concerning,
" " " Salem and South Danvers, additional to
Act incorporating, " " " Somerville, concerning,
" " " Springfield, incorporated, .
" *' " Union Freight, incorporated,
" " " Winthrop, concerning,
" " " Worcester, additional Act,
Horticultural Society, Massachusetts, may, hold real estate, .
Hospital for AYomen and Children, New England, incorporated.
House of Correction, Barnstable County, reconstruction authorized,
Hull, Town of, criminal jurisdiction in, concerning, . " " Gates in Roads prohibited,
Hyde, Benjamin D., acts as Justice of Peace, confirmed,
Hyde Park Woollen Company, incorporated, .
Paj
;e r.K'.t 4L'7
.'-..S4 571
4ir>
483 431
or,8
309
r)7S
577 510 529 42(5 426
302 535
487 388 4X4 5U4 308
423 449 438 542 407 309 404 412 537 492 473 497 374
Ice and Snow on Buildings, relating to,
" " on Sidewalks, removal provided for,
Indians, certain, removal to State Almshouses,
" Cliappequiddic and Christiantown, in favor, " " in fovor Nelly Joseph,
" Dartmouth, on petition of, " " in favor Rhoda M. Taylor,
49
417 434 473 570 570 571 573
INDEX.
Indians, Deep Bottom, in favor Jeminaa Easton,
" Gay Head and Christiantown, allowance for medical aid " " for establishment of boundary lines of lands,
" " in favor Schools of,
" Hassanamisco, in fiivor John Hecktor, " Marshpee, allowance for medical aid, " Dudley and Troy, in favor, " Punkapog, in favor Charlotte E. Myers, " certain, in favor. Industrial School for Girls, concerning,
" " " Eecord of commitments to, concernin
Infirmary, Charitable Eye and Ear, in favor, . Insane, Commission on condition of, authorized. Insolvency Courts, concerning Applications to. Insolvent Debtors, Schedules filed by, concerning,
" Estates, of persons deceased, concerning, Institute of Technology, concerning, .
" " .repeal of reservation certain lands,
Institution for Savings, Springfield, may hold real estate,
" " investments in Stock of certain banks, con
cerning, . . . . '
Insurance Companies, Fire, concerning,
" " Foreign, in favor certain Agents,
Insurance Company, Baltic Marine and Fire, incorporated, .
" " Berksliire Life, may extinguish Guaranty Stock
" " Berkshire Mutual Fire, Charter renewed,
" " Bunker Hill Fire, incorporated, .
" . " Cape Cod Mutual Fire, incorporated, .
" " Commercial Mutual Marine, Charter renewed,
" " Franklin Mutual Fire, Charter renewed,
" " Mutual Marine, Charter renewed,
" " Ocean Mutualf incorporated.
Insurance, Life, concerning, ..... Internal Revenue, actions for recovery authorized. International Exhibition at Hamburg, expenses of Commissioner, Ipswich, County Jail at, discontinuance authorized, . Irish American Benevolent Society, Boston, incorporated, Iron Works, Boston and Fairhaven, incorporated. Issues of Fact, Trial of, relating to, .
Page 564 575 572 568 571 575 579 559 572 495, 577 501 561 587 472 409 512 496 531 373
536 551 583 407 396 364 404 416 390 365 389 502 458 , 443 584 512 460 483 493
Jail, County, at Ipswich, discontinuance authorized, . . . 512
" and House of Correction in Barnstable Count}', reconstruction, 537
" Persons confined in, relative to employment, . . . 426
Jennings, J. Henry, in favor, ...... 580
.Joseph, Nelly, in favor, ....... 570
Juries, in issues of Fact, how instructed, .... 493
INDEX.
XI
L.
Ladil, Luther C, Monument to, in aid,
Land Company, East Cambridge, Capital increased.
Lands granted by Congress, reception provided for,
Law Library Associations, County, relating to,
Lee Bank, reduction of Capital authorized,
Legal Instruments, acknowledgment of,
Libels for Divorce, concerning, .
Library, State, additional accommodations authorized,
Licensing of Dogs, concerning, ....
Life Insurance, concerning, .....
" " Company, Berkshire, may extinguish Guaranty Stock
Lord's Day, certain offences committed on, concerning, Lovell, Josiah G., on petition of, ... •
Lowell Horse Kailroad Company, incorporated, Luce, William II., in favor, ..... Lynn and Boston Railroad Company, may lease certain railroads,
Page
588 450 480 512 398 472 431 5G3 433 458 396 454 575 487 575 388
M.
Machinery and Boilers, in relation to weighing. Magazine on Captain's Island, concerning,
Maine, State of, relative to certain claims against Massachusetts, Maiden and Melrose Gas-Light Company, concerning, Manufacturing Corporations, liabilities of Officers and Stockholders Marblehead Bank, reduction of Capital authorized, Marriages, certain, relation of parties defined. Married Women, business copartnership of, prohibited, Marshpee District, in favor, ..... " " relating to, .
" Indians, in favor, ..... " Schools, in favor, ..... Massachusetts Asylum for Blind, in aid,
" Agricultural College, Trustees incorporated, .
" Charitable Eye and Ear Infirmary, in favor, .
" Digest, Bennett and Heard's, distribution authorized,
" Horticultural Society may hold real estate,
" Institute of Technology, concerning, .
" " " rcpealof reservation of lands
" Powder Works, incorporated, .
'* Regiments, in Federal Army, concerning,
" Volunteer Militia, allowance for services,
McCollum, Henry E., in favor, ..... Measures and Weights, relative to Sealing, Mechanic Arts and Agriculture, Fund created for Education in, Melrose and South Reading Horse Railroad Company, incorporated Merchants' Bank, Boston, reduction of Capital authorized, .
" " Newburyport, reduction of Capital authorized,
489 576 585 500 550 397 458 479 559 494 579 5C1 580 517 561 5G7 404 496 531 409 576 582 575 492 480 484 532 395
Xll
INDEX.
Merrimac Steam Navigation Company, Charter renewed, . . Page
JMerrimack Valley Horse Railroad Company, incorporated,
Messages of Governor, Special,
Messenger of Governor and Council, in favor, .
Messengers of Legislature, additional compensation provided,
Methodist Episcopal Church in Gloucester, Trustees may sell property
Midland Land Damage Company, Name changed, &c.,
Miiford, Town of, may purchase estate for Public Park,
IMilford and Woonsocket Railroad Company, may cross highways,
Military :
Affidavits of persons in United States service, for taking, Arms and Equipments, Governor authorized to purchase, Bounties paid by Towns, reimbursement provided for. Company C, Seventh Regiment Volunteers, in favor, . Deserters and Drafted Men, concerning apprehension. Discharge of Soldiers on Writ of Habeas Corpus, to regulate Discharged Soldiers' Home, in favor. Doings of Towns in aid of War, legalized. Drafted Men, in aid of Families of, .
" " Towns prohibited from appropriating money for
discharge, ......
Drill in Public Schools, concerning introduction of, Expenditures of Towns and Persons, Returns and Report of, Flags of Regiments, lost or worn out, to be replaced, . Magazine on Captain's Island, concerning, Massachusetts Regiments in Federal Army, concerning, Military Academy, concerning establishment, . Militia, additional concerning, ....
" Enrollment of, .
" Massachusetts Volunteer, allowance for services. Payment of Volunteers, provided for, and Allotments encour aged, ......
Powder House upon Captain's Island, for repairs on, Record of Soldiers and Officers, to preserve, . Recruiting regulated and enlistments encouraged, Second Cavalry Regiment, expenses of transportation Soldiers, sick and wounded, appropriation for care, Soldiers' Families, additional, in aid of, State Guard, formation authorized. Militia, additional concerning, ....
" Enrollment of, concerning, " Volunteer, allowance for services, Milk, Sale of, concerning, ....
Mill Corporation, Boston and Roxbury, Attorney-General to proceed against, ......
Mills, Central, in Southbridge, incorporated, .
" Granite, incorporated, ....
" Hancock, incorporated, ....
406, 419,
451 504 633 565 586 393 434 454 497
392 567 513 566 471 470 578 389 491
441
580 677 567 576 576 582 546 499 582
402 576 533 529 529 573 413 481 546 499 582 453
588 363 396 425
INDEX.
xiu
Moderators of Town Meetings, Election of, relating to, Money, Contracts for payment beyond U. S. limits, relating to,
" Treasurer to borrow in anticipation of Revenue, Monument to Luther C. Ladd and Addison O. Whitney, in aid,
" to Sumner II. Needham, in aid.
Monuments on line between I\Iassachusetts and Rhode Island, ei tion provided, ......
Municipal Authorities, attendance of Witnesses before, Museum of Comparative Zoology, publication of Catalogues, Mutual Marine Insurance Company, Charter extended,
" Redemption, Bank of, number of Directors increased, Myers, Charlotte E., in favor, .....
Mystic River Railroad, time for construction extended and connec tion authorized, ......
Rage 501 502 586 588 588
565 472
580 389 414 559
367
N.
Names of Persons, change of, .
Nantucket, Probate Court in, terms changed, .
Natural History Department of Amherst College, in favor, .
*' " Society, Boston, repeal of reservation of lands,
Nautical Branch of Reform School, concerning. Naval Service United States, for taking Affidavits of persons in, Navigation Company, Merrimac Steam, Charter renewed, Needham, Sumner H., in aid of Monument to, Neponset Bridge, additional concerning. New Bedford, City of, additional to Act establishing, .
" " City of, certain acts of Council confirmed,
" " City of, supply of Water authorized,
New England Hospital for Women and Children, incorporated, New York and Boston Railroad, time for construction extended, Newburyport, City of, additional to Act establishing, . Newburyport Veteran Artillery Company, Trustees incorporated, Newton Railroad Company, concerning. Normal School, State, at Westfield, in favor, ... North Attleborough Branch Railroad, time for construction extended North Brookfield, Town of, in favor, .... Northampton and Shelburne Falls Railroad Company, concerning. Notes due on special Thanksgivings or Fasts, when to be paid,
647 458 582 531 453 392 451 588 417 461 459 474 412 379 446 531 368 566 373 564 408, 508 494
0.
Ocean Mutual Insurance Company, incorporated, . . . 502
Officers of Manufacturing Corporations, liabilities defined, . . 550
Old Colony and Fall River Railroad Company, concerning, . . 538
Orleans, Town of, may take Stock in Cape Cod Central Railroad, . 428 49*
XIV
INDEX.
Pages of Legislature, additional compensation provided, Peace Fund, Permanent, Trustees incorporated, Perkins' Institution for Blind, in aid, . Pickerel in Clapp's Pond, to protect. Pilotage, Act of 1862 concerning, amended, Pleuro-pneumonia among Cattle, relating to, . Plymouth County, Probate Courts in, concerning, Plympton and Halifax, Towns of, lines between established Plympton, Selectmen of, in favor. Police Courts, Jurisdiction given, in certain cases, Police Courts, and Police Courts of Boston and Chelsea, concerning Powder Works, Massachvisetts, incorporated, ... Prison, State, relating to, .... .
Probate Court, in Nantucket, time of holding,chauged, " Courts in Plymouth County, concerning, " and Insolvency Courts, concerning applications to, . Property, Trust, Notice of Sale, persons not in being having interest Prosecutions for maintenance of Bastard Children, relating to, Protective War Claim Association incorporated. Public Charitable Institutions, expenses of Committee on,
" Reports and Documents, an Abstract of, concerning,
" Schools, Military Drill in, concerning, . Punishment of certain Frauds, relating to, Punkapog Indians, in favor Guardian, for C. E. Myers, " " certain, in favor Guardian, for support,
Page 586 370 580 418 411 583 549 3G5 579 413 500 409 570 458 549 472 373 445 374 585 516, 589 580 551 559 572
R.
Railroad Commissioners, Horse, concerning, .... 529
Railroad Corporations :
Boston, Barre and Gardner, concerning, . . . 416
Cambridge, investment of Sinking Fund, concerning, . . 426
Cape Cod, authorized to build Wharf, .... 422
" " Central, additional to Act incorporating, . . 431 " " " Towns of Chatham, Harwich and Orleans,
may take stock in, . . 423, 427, 428
Dedham and West Roxbury, time extended for constructing
road, ........ 362
Dighton and Somerset, incorporated, .... 376, 504
Dorchester, concerning, ...... 535
Dorchester and Milton Branch, time extended for consti'ucting
road, ... ..... 504
Eastern, concerning, ...... 419
Essex, concerning, ...... 419
Fall River and Warren, additional to Act incorporating, . 362
Lowell Horse, incorporated, ..... 487
Lynn and Boston, may lease certain roads, . . . 388
INDEX.
XV
Railroad Corporations — Continued.
Melrose anil Soutli Keailin,": Horse, incorporated, Merrimack Valley Horse, incorporated, Midland Land Damage Company, name clianged, Milford and Woonsocket, may cross certain higinvaj's, Mystic Kiver, time extended for constructing road, and con nection authorized, .....
New York and Boston, time extended for constructing road, Newton, concerning, .....
North Attleborough Branch, time extended for constructing road, .......
Northampton and Shelburnc Falls, concerning,
Old Colony and Fall Eiver, concerning,
Rockport, additional to Act incorporating,
Salem and South Danvers, additional to Act incorporatin
Somerville Horse, concerning, ....
Southern Midland, Name of Land Damage Company changed to, ...... .
Southbridge and Palmer, incorporated, .
Springfield Horse, incorporated,
Troy and Greenfield, additional for completing road, .
Union Freight Horse, incorporated,
Wenham Lake Branch, incorporated, .
Winthrop, concerning, .....
"Worcester Horse, additional to Act incorporating, Railroad Corporations to hold annual meetings,
" '• Returns and lleports of, relating to, .
" Drawbridges, relating to, . . . .
Railroads, Horse, uniform gauge of tracks established,
Real Estate, certain, belonging to Commonwealth, sale authorized,
" " Levy on, Writs of Scire Facias in certain cases. Rebellion, concerning, .....
Record of Soldiers and Officers, to preserve, . Recruiting and Enlistments, to promote and regulate,
" Expenses of Towns, payment legalized,
Reform School, in favor, • . . .
" " and Nautical Branch, concerning, " " Record of Commitments to, concerning. Regimental Flags, lost or worn out, replacement of, . Regiments, Massachusetts, in Federal Army, concerning, Registers of Deeds, concerning, Registry of Deeds, concerning, .....
Relief Steam-boat Company, Charter amended and continued. Reports and Documents, Public, and Abstract, concerning, .
" and Returns of Railroad Corporations, relating to, Returns of ^Military Expenditures, certain, provided for, " of Corporations, to assessors of towns, required, Rhode Island boundary line, erection of Monuments provided for.
Page 484 r,Oi 4:54
4'.)7
3G7 371> 308
373 408, 508 538 41G 423 449
434
4(;o
438 510 542 432 407 3(;t) 608 530 447 426 587 444 589 406, 533 419, 529 389 574 453 501 507 576 501 531 3C9 510, 539 530 577 550 565
XVI
INDEX.
Kicliardson, John and others, on petition of, . Roads belonging to Commonwealth, certain, concerning. Roads in Hull, Gates over prohibited, .... Rockport Bank, reduction of Capital authorized,
" Railroad Company, additional to Act incorporating, Rogers, George H., authorized to build Wharves in Gloucester, Roofs of Buildings, removal of Snow and Ice on, Russell, Mary W., in favor, .....
s.
Sabbath, certain Offences committed on, concerning, . Salary of Adjutant-General, increased,
" of Second Clerk of Adjutant-General, established, Salem, City of, additional to Act establishing, . Salem and South Danvers Railroad Compafiy, concerning, . Sanborn, F. G., in favor, .....
Savings Bank, Boston Penny, relating to, .
" " South Boston, incorporated,
" " Wellfleet, incorporated,
" Banks, Powers of Investment extended,
•' " Tax on deposits increased,
" " may hold stock in certain banks,
" Institution, Springfield, authorized to hold real estate. Schedules filed by Insolvent Debtors, concerning. School, Absentees from, additional to Act concerning, School Books, concerning, .....
School, State Industrial, concerning, ....
" " Industrial and Reform, Record of Commitments to
concerning, ....
" " Normal, at Westfield, in favor,
" " Reform, in favor, ....
" " " and Nautical Branch, concerning,
Schools of Gay Head Indians, in favor, Schools, Marshpee, in ftivor, .....
" Public, Military Drill in, concerning. Scire Facias, Writs of, from Police Courts, and J. P's, relating to, Sealing of Weights and Measures, relating to. Secretary's Department, certain Fees defined. Seminary, Williston, additional to Act incorporating, . Sergeant-at-Arms authorized to appoint Assistant, Sewall, S. E., concerning petition of, .
Shaw, William F., in favor, ..... Shawmut Universalist Society, Name established. Sidewalks, in Cambridge and Springfield, concerning,
" removal of Snow and Ice from,
Small, James, jr., authorized to build Wharf, . Snow and Ice on Roofs of Buildings, relating to,
" " on Sidewalks, Towns to provide for removal of,
Page 669 688 473 394 416 378 417 587
454 494 369 437 423 584 452 401 401 491 479 536 373 409 394 444 495, 577
501 506 574 453 568 661 580 444 492 534 363 417 587 585 393 499 434 402 417 434
INDEX.
ikVll
Societies, certain Ap;ricultural. for relief of, . Society, Boston Irish American Benevolent, incorporated, *' Christian Education, incorporated, " Father Mathew Total Abstinence, incorporated, " Fifth Univei'salist, in Boston, Name changed to Shawmut, " Hampden County Agricultural, in favor, " Hibernian Benevolent, incorporated, . " Slassachusctts Horticultural, may hold real estate, . " of Natural History, Boston, repeal of reservation certain lands, ......
Very Eeverend Father Mathew Total Abstinence, incorpo rated, ......
" Worcester South-East Agricultural, relating to. Soldiers, Discharge of, on Writ of Habeas Corpus, regulated, " Discharged, Home for, in favor,
Sick and Wounded, Appropriation for care of, " and Otficers, Record of, to preserve, . Somerville Horse Railroad Company, concerning. South American Steam-ship Company, incorporated, . South Beach, in Edgartown, for protection. South Boston Savings Bank, incorporated, Southbridge and Palmer Railroad Company, incorporated, Southern Midland Railroad Company, Name established, Southwick Ponds, Conn., concerning diversion of Waters, . Special Messages of Governor, .....
Springfield, City of, may construct Drains,
" " re-location of Streets and Waj'^s in, concerning
" " Sidewalks in, concerning,
" Gas-Light Companj% Capital increased, .
" Horse Railroad Company, incorporated, .
" Institution for Savings, may hold real estate,
State Almshouse, at Bridgewater, in favor, " " at Monson, relating to, .
■' Almshouses, removal of certain Indians to, authorized, •■ Charities, Board of, established, ....
" Guard, formation authorized, ....
" Industrial School, concerning, ....
'• Library, additional accommodations authorized,
" Normal School, at Westfield, in favor, .
" Prison, relating to, .... .
" Reform and Industrial Schools, Record of Commitments, con cerning, .......
" Reform School, in favor, .....
" " " and Nautical Branch, concerning.
Steam-boat Company, Bay State, Charter amended, .
" " Relief, Charter renewed.
Steam-ship " American, incorporated, . ,
" " South American, incorporated, .
Page nCA 400 429 421 o!»3 5G7 483 404
531
422 370 470 578 573
40G, 533 449 502 459 401 460 434 589 G33 429 503 499 389 438 373
571, 585 560 473 540 481 577 503 566 570
501 574 453 535 369 432 502
491
xviu
INDEX.
Steam-ship Company, TJnion, relating to,
" " United States, incorporated,
Stock of Corporations held by non-residents, taxation of, Stockholders of Manufacturing Corporations, liabilities of, Streets and Ways in Springfield, re-location of. Sugar Eefinery, Boston, increase of Capital authorized. Summoning of Witnesses, relating to, . Sumner, Major-General, Eesolves on the death of, Superior Court, terms may continue for pending cases. Swine, Fee for driving to Pound, established, .
Page 412 452 536 550 503 500 472 581 379 492
Taunton Great Eiver, Fisheries in, concerning, .
Tax of $2,396,568 apportioned and assessed, . " on deposits in Savings Banks, increased, . " for reimbursement of Bounties by Towns, to assess, " on Stock of Corporations held by non-residents, levy of. Taxation, more equal, to secure, Taxes assessed by Towns in aid of War, legalized,
" for the several Counties, granted, Taylor, Ehoda M., in favor. Technology, Massachusetts Institute, concerning,
" " " repeal of reservation certain
lands. Thanksgivings, Special, payment of Bills Exchange, iScC, due on. Total Abstinence Society, Father Mathew, incorporated,
" " " Very Eev. Father Mathew, incorporated
Town Meetings, Election of Moderators, concerning,
" Officers, Elections, in 1863, legalized, . Towns, Acts in aid of the War, legalized,
" Appropriations by, for discharge of drafted persons, prohib ited, .......
" Bounties paid by, reimbursement provided, . " certain Military Expenditures of, Eeturns provided for. Towns of Plympton and Halifax, lines established, " of Uxbridge and Douglas, lines, relating to. Towns, removal of Snow and Ice from Sidewalks in, . Treasurer, may borrow Money in anticipation of Revenue, . Trial of Issues of Fact, relating to, .
Troy and Greenfield Eailroad, additional Act for completing, Troy Indians, in favor, ......
Truant Children, additional Act concerning, .
" " in Dukes County, concerning.
Trust Property, Sale of, when persons not in being have interest, Trustees of Boston College, incorporated,
" of Mass. Agricultural College, incorporated,
410 520 479 513 536 437 389 578 573 496
531 494 421 422 501 447 389
441 513 577 365 559 434 586 493 510 579 394 446 373 441 517
INDEX.
MX
Trustees, Methodist Episcopal Church in Gloucester, may soil prop erty, ......
" Newburyport Veteran Artillery Company, incorpor " Permanent Peace Fund, incorporated, " Powers of, extended, in settling controversies, Tuckwell, S. S., and others, authorized to build Wharf, Turnpike, Braintree and Weymouth, additional concerning. Type Sotting Machine Company, incorporated.
ited.
Page 30:} 5:31 1570 53G 474 417 405
TJ.
Union Freight Horse Eailroad Company, incorporated, . . 542
" Steam-ship Company, concerning, .... 412
United States Notes, Banks may receive and circulate, . . 509
" " Collectors of Internal Eevenue, may sue for recovery, 443
United States, grant of lands by, reception provided for, . . 480 United States Military and Naval Service, Depositions, &c., in, for
taking, ...... 392
" " Steam-ship Company, incorporated, . . . 452
Universalist Society, Fifth, in Boston, Name changed, . . 393
Usury, concerning, ..... . . 546
Uxbridge and Douglas, boundaries, relating to, . . . 559
V.
Verj- Reverend Father Mathew, Total Abstinence Society, incorpo- rated, ...... ... 422
Vested Rights, discharge of by Executors and others, relating to, . 534
Volunteer ^Militia, allowance to, for services, .... 582
Volunteers, Families of, additional Act in aid, . . . 413
" prompt payment of, provided, .... 402
w.
Waltham Bank, reduction of Capital authorized. War Claim Association, Protective, incorporated, Washburn, Jerome, in favor, .... Washingtonian Home, in favor.
Watchmen of State House, compensation as messengers, Water, City of Charlestown, Act to supply amended,
" " New Bedford, for supplying, .
" " Worcester, additional to Act for supplying.
Water Rights, Southwick Ponds, Conn., concerning, . Weighing of Boilers and heavy machinery, relating to. Weights and Measures, Sealing of, relating to, Wellfleet Savings Bank, incorporated, . Wenham Lake Branch Railroad Company, incorporated. Wharf, Boston, concerning, ....
400 374 581 577 586 3G4 474 410 589 489 492 401 432 508
XX
INDEX.
Wharf, in Dennis, James Small, jr., may build,. . . . Page 402
" in Falmouth, Prince S. CroArell, may build, . . . 411
" in Provincetown, Gideon and J. E. Bowley, may extend, . 498
" in South Amesbury, S. S. Tuckwell and others, may build, . 474
" in Wareham, Cape Cod Eailroad Company may build, . 422
" in Wellfleet, N. P. Wiley and others, may build, . , 388
" in Yarmouth, David K. Akin may extend, . . . 402
Wharf Company, East Boston, Capital increased, . . . 450
Wharves in Gloucester, George H. Rogers may build, . . 378
White, William, in favor, ...... 588
Wliituey, Addison O., in aid of Monument to, . . . . 588
Wiley, Nathaniel P., and others, may build Wharf in Wellfleet, .' 388
Williston Seminary, authorized to hold additional property, . . 3C3
Winnisimmet Company, may increase Capital and change Name, . 451
Winthrop Railroad Company, concerning, .... 407
Withington, Increase S., Trustee, on petition, . . . 568
Witnesses before Municipal authorities, attendance, . . . 472
" Summoning of, relating to, . . . . . 472
Women and Children, New England Hospital for, incorporated, . 412
" Married, business copartnership of, prohibited, . . 479
Wool, Major-General, in testimony of services and character, . 565
Woollen Company, Hyde Park, incorporated, .... 374
Worcester, City of, additional for supplying with Water, . . 410
" Horse Railroad Company, Charter extended, . . 3G9'
" South-East Agricultural Society, relating to, . . 370
Wrentham Bank, reduction of Capital authorized, . . . 399
z.
Zoology, Museum of, publication of Catalogues,
580
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