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Full text of "Acts and resolves passed by the General Court"

ACTS 



nyu 



RESOLVES 



VASSED EY THE 



§mu\ €mxi si P^assat|Msetts, 



IX THE YEAIlS 



185 6-7: 



TOGETHER WITH THE MESSAGES, 



ETC., ETC., ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH. 







'^ 



BOSTON: 

WILLIAM WHITE, PRINTER TO THE STATE. 
185 7. 



ACTS 



RESOLVES 



PASSED BY THE 



(imral C0itrt at ^^uut\ustUs, 

IN THE YEAR 

1856: 

TOGETHER WITH TPIE MESSAGES, 

ETC., ETC., ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON: 

WILLIAM WHITE, PRINTER TO THE STATE. 
18 5 6. 



H^^The General Court 6f 1856 assembled in the State House in Boston, on 
Wednesday, the second day of January, and was prorogued on Friday, the sixth 
day of June. 

The oaths of office were administered to His Excellency, Henry J. Gardner, 
on the third day of January. 



GENERAL STATUTES 

AND 

SPECIAL ACTS 

OF 

MASSACHUSETTS, 

1856. 



An Act. establishing a Probate Court in North Andover, in the County of QJiap, 1. 

Essex. ^ 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The probate court now required to be lioldeii in Probate court 
Andover, in the county of Essex, on the second Tuesday in*"""' 
February in each year, shall hereafter be holden in North 
Andover in said county, and the act requiring a court of Act repealed. 
probate to be holden in North Andover, on the third Tues- 
day in January annually, is li'ereb}'- repealed. 

Sect. 2. This act shall take effect from and after its 
passage. \_Approved by the Governor, January 12, 1856.] 



An Act continuing the Tremont Insurance Company. Chcit) 2. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The Tremont Insurance Company in the city corporation 
of Boston, is hereljy continued a body corporate for the '^°^ '"""^ ' 
purpose of closing its affairs, till the first day of July which 
will be in the year of our Lord eighteen hundred and fifty- 
seven. 

Sect. 2. This act shall take effect from and after its 
passage. [^Approved by the Governor, January 26, 1856.] 



1856.— Chapters 3, 4. 



Chap. 3. 



Name changet,!. 



When to take 
effect. 



An Act to change the Name of the Cochituate Fire Insurance Company, of 

Boston. 

Be it enacted hy the Senate and House of Representa- 
tives., in General Court assembled, and hy the authority of 
the same, as folloios : 

Sect. 1. The Cochituate Fire Insurance Company, of 
Boston, shall hereafter he called and known hy the name of 
the City Fire Insurance Company. 

Sect. 2. This act shall take effect from and after its 
acceptance hy the stockliolders in said company : provided, 
the meeting for that purpose he held within three months 
from the passage of this act. [Approved by the Governor, 
January 31, 1856.] 



Chap. 4. 



An Act in addition to an Act to establish a Police Court in the Town of 

Pittsfield. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Special justices to Sect. 1. Wlienevcr it shall happen that the office of 

act in case of va- j,t.^jj^-|iu„. j^sticc of thc policc court lu Pittsficld, cstahlislied 

hy the three hundred and tenth chapter of the acts of the 

year eighteen hundred and fifty, shall l)ecome vacant, the 

special justices of said court, or either of them, shall have 

power while such vacancy exists, to act in the same manner 

as they arc now authorized to act under the provisions of 

Compensation, tlic niutli scctlou of Said act estahlishing said court ; and 

such special justices or justice, for services rendered under 

the provisions of this act, shall ])e paid in the same manner 

that the standing justice would have heen paid, and sucli 

sums as said standing justice would have heen entitled to 

receive for the like services. 

To apply to exist- Sect. 2. Thc provisioiis of this act shall apply to any 

iDg vacancy. ^^^^ cxlstiug vacaiicy in thc office of standing justice of said 

court. 

Sect. 3. Any thing in the provisions of the act to which 
this act is in addition, inconsistent with the provisions of 
this act, is hereby repealed. 

Sect. 4. This act shall take effect from and after its 
passage. [Ap/rroved by the- Governor, January 31, 1856.] 



Inconsistent acts 
repealed. 



1856. — Chapters o^ 6. 5 

An Act to incorporate the Salem Marine Insurance Company. CIkW. 5. 

Be it enacted by the Senate and House of Represetita- 
tives, in General Court assembled, and by the anthoritij of 
the same, as folio ivs : 

Sect. 1. John Bertram, William D. Pickmau and Ed- corporators. 
ward D. Kimball, their associates and successors, are hereby 
made a corporation for the term of twenty years from the Term, 
passage of this act, by the name of the Salem Marine Insiir- Name. 
ance Company, to be established in the city of Salem, for 
the purpose of making insurance against maritime losses ; Purpose. 
with all the powers and privileges, and subject to all the Privileges, re- 
duties, liabilities and restrictions, set forth in the forty- ^ ™ '°°^' 
fourth chapter of the Revised Statutes, and in the four 
hundred and fifty-third chapter of the acts passed in the 
year eighteen hundred and fifty-four, and all other general 
laws Avhich now are or hereafter may be in force relative to 
marine insurance companies. 

Sect. 2. The said corporation shall have a capital of one cai-itai «ioo,ooo. 
hundred thousand dollars, divided into shares of one Imn- ^'''''■''^""*^°°^''''''- 
dred dollars each, and may hold real estate for its oAvn use, Keai estate, 

$10 000 

not exceeding in value ten thousand dollars. 

Sect. 3. The said corporation may commence business ^vhen to com- 
whcn seventy-five thousand dollars of its capital stock sliall "^'^''^ 
l:»e paid in. 

Sect. 4. This act shall take effect from and after its 
passage. \^Approvcd by the Governor, February 6, 1856.] 

An Act to change the Name of the American Lead Works. O/uip. 6. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. The corporate name of the American Lead Name changed. 
Works, in the city of Boston and town of Chelsea, in the 
county of Suffolk, shall be changed, and the said corpora- 
tion sliall be known and called by the name of the Boston 
Faucet Company. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, February 6, 1856.] 



1856.— Chapters 7, 8, 9. 



Chop. 7. An Act to incorporate the Universalist Sabbath School Union. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Joliii D. W. Joj, Tliomas A. Goddard, Nathan 

K. Noble, Henry B. Metcalf and Henry Blanchard, their 
associates and successors, are hereby incorporated and made 
a body politic by the name of the Universalist Sabbath 
School Union, for the purpose of promoting the Sabbath 
school cause, and shall have all the powers and privileges, 
and be subject to all the duties, restrictions and liabilities, 
set forth in the forty-fourth chapter of the Revised Statutes. 
Real and personal Sect. 2. Tlic Said corporatiou may take and hold real 
ceed $5o!ooo° ^^ and personal estate to an amount not exceeding fifty thou- 
sand dollars, for the aforesaid purposes. [^Approved by the 
Governor, February 6, 1856,] 



Name. 

Purpose. 

Privileges, re- 
strictions, &c. 



Chap. 8. 



Capital increased 
$100,000. 



How inyested. 



No shares issued 
under par. 



Chap. 9. 



Corpoi-ators. 



Term. 
Purpose. 

Privileges, rc- 
Btrictions, &c. 



An Act authprizing an increase of the Capital Stock of the Lawrence Gas 

Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. The Lawrence Gas Company arc hereby au- 
thorized to increase their capital stock, by adding thereto 
one hundred thousand dollars, and to invest such portion 
thereof in real and personal estate, as may be necessary and 
convenient for carrying on the business for which said com- 
pany Avas incorporated. 

Sect. 2. No stock, issued under this act, shall be issued 
for a less sum than the par value of the original shares. 

Sect. 3. This act shall take effect from and after its 
passage. \^Apj)roved by the Governor, February 6, 1856.] 

An Act to incorporate the Home Mutual Fire Insurance Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. William B. Calhoun, William Rice, George W. 
Rice, their associates and successors, are hereby made a 
corporation by the name of the Home Mutual Fire Insur- 
ance Company, to be established in the city of Springfield, 
for the term of twenty-eight years, for the purpose of insur- 
ing dwelling-houses and other Ijuildings, and personal prop- 
Gi'ty? against loss or damage by lire ; with all the powers 
and privileges, and subject to all tlie duties, liabilities and 



1856.— Chapters 10, 11. 7 

restrictions, set forth in the four hundred and fifty-third 
chapter of the general laws of the Commonwealth of Massa- 
chusetts, passed April twenty-ninth, eighteen hundred and 
fifty-four, and all other laws of this Commonwealth applica- 
ble to mutual fire insurance companies. 

Sect. 2. This act shall take effect whenever the Hamp- ^vhen to take 
den Fire Insurance Company shall, by a vote of a majority 
of the members thereof, abolish the mutual department of 
said company, in accordance with an act passed ]\larch 
thirty-first, eighteen himdred and fifty-five, and shall liavc 
deposited a certified copy of said vote in the office of the 
Secretary of this Commonwealth. \_Approved hjj the Gov- 
ernor, February 9, 1856.] 

An Act to establish the Salaries of the Justices of the Supreme Judicial Chcij). 10. 

Coui-t. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. From and after the first day of January, of the salaries estab- 
year one thousand eight hundred and fifty-six, the chief jus- 
tice of the supreme judicial court shall receive an annual 
salary of forty-five hundred dollars; and each of the associate 
justices of said court shall receive an annual salary of 
four tliousand dollars ; and the said salaries shall l)e paid 
in quarterly payments out of the treasury of the Com- 
monwealth, and in the same proportion for any part of 
a quarter. 

Sect. 2. All acts and parts of acts inconsistent herewith, inconsistent acts 
are hereby repealed. [^Approved by the Governor, Febru-'^'^^^'''"''' ' 
ary 9, 1856.] 



An Act to change the Name of the South Congregational Society, of Woburn, Chctp. 1 1 . 
and authorize it to hold Property. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. The South Congregational Society of Woburn, Name changed. 
shall hereafter be called and known by the name of the 
First Congregational Society of Winchester, and all debts 
due to or from said South Congregational Society of Woburn, 
may be sued for and collected, in the same manner as if this 
act had not been passed. 

Sect. 2. Said society may hold real and personal estate, Reai and personal 
or either, to an amount not exceeding fifty thousand dol- reed $50,000° ^^ 



1856.— Chapters 12, 18. 



Acts conQrmed 
and made valid. 



Aoceptance 
of act. 



proTiao. lars ! pTovidecl, the income thereof shall be applied to paro- 

chial purposes, except so much of said income as may be 
needed to pay the principal and interest of any sums of 
money wliich may be hired on mortgage of the real estate 
of said society, or otherwise. 

Sect. 3. All acts and things done by the said South 
Congregational Society of Woburn, under the name of the 
Winchester Congregational Society, which would have been 
valid and legal, if done in their rightful corporate name, are 
hereby confirmed and made valid. 

Sect. 4. The meeting of said society for the purpose of 
acting upon the acceptance of this act shall be called agree- 
ably to the provisions of the twentieth chapter of the 
Revised Statutes. 

Sect. 5. This act shall take effect from and after its 
passage. \_Ap2)roved by the Governor, February 9, 1856.] 

Chap. 1 2. An Act to continue in force an Act to incorporate the Haverhill Mutual Fire 

Insurance Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloius : 

The statute of the year of our Lord one thousand eight 
hundred and thirty-one, chapter fifty, incorporating the 
Haverhill Mutual Fire Insurance Company, passed February 
nineteenth, eighteen hundred and thirty-one, shall be con- 
tinued and remain in full force for the term of twenty years 
from and after the nineteenth day of February eighteen 
hundred and fifty-nine : provided, that said company shall 
be subject to all the duties, liabilities and obligations, and 
entitled to all the privileges set forth in the forty-fourth 
chapter of the Revised Statutes, the four hundred and fifty- 
third chapter of the statutes of eighteen hundred and fifty- 
four, and all other general laws .which may be hereafter 
enacted relating to mutual fire insurance companies. [^7^- 
provcd by the Governor, February 9, 1856.] 



Act extended. 



Powers, dutie."!, 
&c. 



Chttp. 1 8. An Act in addition to an Act to establish a Police Court in the Town of 

Chicopee. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

tein'fees"'&c"" ^'^G'^' 1. The justice of said court shall be allowed to 

retain to his own use, for his services in criminal prosecu- 

proTiso. tions, all fees by him received for said services : jjrovided, 



1856.— Chapters 14, 15. 9 

that he shall not retain for said services a sum exceeding six 
hundred dollars annually, and all fees received by him over 
and above that sum for services in criminal prosecutions, he 
shall pay over to the county treasurer. 

Sect. 2. That portion of section fifth, chapter four hun- Part of act re- 
dred and sixty-three of statutes of eighteen hundred and^*'*'' ' 
fifty-five, which is inconsistent with the first section of this 
act, is hereby repealed. 

Sect, 3. This act shall take effect from and after its 
passage. \^Approved by the Governor^ February 13, 1856.] 

A>' Act to Protect the Fisheries in Ipswich River. ChciV. 14. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assemhhd, and by the authority of 
the same, as follows : 

Sect, 1, The inhabitants of the town of Ipswich, ii^ ^gtsumired* "^'^ 
Essex county, may, at any time between the first day of 
April and the first day of June, (Sundays excepted,) take 
alewives from Ipswich River in said town, with dip nets, and 
at no other time. 

Sect. 2. No person shall, between the first day of April ^'^'ji\*i^^l°s 
and the first day of June, set, draw or stretch any seine or 
drag net, in any of the waters in Ipswich River, within the 
limits of said town. 

Sect 3. Any person who shall oftend against the pro- forfeit for vi- 
visions of either of the foregoing sections of this act, shall, '''^'"'^' 
for each and every offence, forfeit the sum of one hundred 
and fifty dollars, one-half thereof to the use of the com- 
plainant, and the other half to the use of the town. 

Sect. 4. All acts and parts of acts inconsistent with this inconsistent acts 

, 11 11 repealed. 

act, are hereby repealed. 

Sect. 5. This act shall take effect from and after its 
passage. \^Approiied by the Governor, February 13, 1856.] 

An Act to extend the time for constructing a Highway across Mystic River. Qh(ju 15 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. The time in which the county commissioners Time for con- 
for tlie county of Middlesex, may construct a road and ex™nded '"""^ 
bridge across Mystic River in tlie town of Mcdford, according 
to an act passed April twelfth, in the year of our Lord one 
thousand eight hundred and fifty-four, authorizing and em- 
powering them so to do, is lierel)y extended two years from 



10 



1856. — Chapter 16. 



the twelfth day of April, in the year of our Lord, one thou- 
sand eight hundred and fifty-six. 

Sect. 2. This act shall take effect from and after its 
passage. \_Approved by the Governor, February 13, 1856.] 



Chap. 16. 



Corporators. 



Privileges, re- 
strictions, &c. 



May purchase 
lands, docks, 
flats, &c. 



May construct 
wharves, docks, 
&c. 



Proviso. 



An Act to incorporate Simpson's Patent Dry Dock Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. James E. Simpson, Charles J. Morrill, George 
Callender, their associates and successors, are hereby made 
a corporation by the name of Simpson's Patent Dry Dock 
Company ; with all the powers and privileges, and subject 
to all the duties, restrictions and liabilities, contained in the 
forty-fourth chapter of the Revised Statutes. 

Sect. 2. Said company shall have power to purchase and 
hold, in fee^ simple or otherwise, all, or any part of the tract 
of land, wharves, dry docks, or flats, known as Simpson's 
Dry Docks, and situated on Marginal Street, in that part of 
Boston called East Boston, and now owned by said James 
E. Simpson, Morrill, Callender, and others, and portions of 
which were conveyed by said Simpson to said Morrill, Cal- 
lender and others, by deeds dated on the tenth day of De- 
cember last past, with all the privileges and appurtenances 
to said premises belonging, and with all the property and 
machinery thereon : and the said company may also pur- 
chase and hold, in fee simple or otherwise, any other lands, 
wharves, docks, or flats, in that part of Boston called East 
Boston, for the purpose of erecting thereon dry docks, on 
the plan of said Simpson's Dry Docks at East Boston : pro- 
vided, the whole amount of real estate held by said com- 
pany shall not exceed two hundred and fifty thousand dol- 
lars. And the said company, within the limits of, or upon 
said lands at East Boston, or upon any and all lands that 
may be purchased and held by them as aforesaid, may con- 
struct wharves and dry docks, or other docks, and own, 
manage, control, use and carry on the same as they may 
deem proper, and lay vessels within, and at the ends and 
sides thereof, and receive dockage and wharfage therefor ; 
erect any buildings, lay out streets and passage ways, and 
improve and manage said property as to them shall seem 
expedient : provided, that nothing herein contained shall 
autliorize said company to infringe upon the legal rights of 
any person, or to build any wharf or other structure on the 
premises which is not now authorized by law. 



1856.— Chapters 17, 18. 11 

Sect. 3. Said company may, at any lep;al mcetinp- from dumber of shares 

■^ •' T V' ,, "^ 9 r> 1 , not to exceed four 

time to time, agree upon and rix the number oi snares, not thousand. 
exceeding four thousand in all, into which their stock shall 
be divided, which shares shall be transferable in a book, to 
be kept by the clerk of the company for that purpose ; may, assess'ed°ov°er^ 
from time to time, assess upon the stockholders such sums $ioo each. 
of money, not exceeding one hundred dollars on each share, 
as may be necessary for the purchase, improvement, man- 
ao-cment, and carrying on of their estate and property ; and May be sow for 
may, in case any stockholder shall neglect to pay any such 
assessment, cause such of the shares of such stockholder as 
may be sufficient therefor, to be sold, in such manner as 
said company may, by their by-laws, determine. 

Sect. 4. This act shall take effect from and after its 
passage. [^Approved by the Governor, February 15, 1856.] 

An Act to authorize the Beaman Manufacturing Company to increase their (Jhcip. 17. 

capital stock. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority j)f 
the same, as follows : 

Sect. 1. The Beaman Manufacturing Company are ^apitauncreased 
hereby authorized to increase their capital stock by an 
amount not exceeding fifty thousand dollars, and to invest now mrested. 
such increase in real and personal estate necessary and con- 
venient for carrying on the business of the company : pro- Proriso. 
vided, that no shares in the capital stock hereby authorized, 
shall be issued for a less sum, to be actually paid in on each, 
than the par value of the shares in the original capital stock 
of said corporation. 

Sect. 2. This act shall take efiect from and after its 
passage. \_Approved by the Governor, February 15, 1856.] 

An Act requiring a new promise of an Insolvent Debtor after his dischaige, to (Jhcip. 1 8. 

be in writing. ^ 

Be it enaeted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. No promise for the payment of any debt made New promise of 
by an insolvent debtor, who has obtained his discharge from fn wTmng*" 
said debt under proceedings in bankruptcy or insolvency, 
shall be evidence of a new or continuing contract, whereby 
to deprive any party of the benefit of relying upon his dis- 
charge in bar of the recovery of a judgment upon said debt, 
unless such promise be made by, or contained in, some writ- 
ing signed by the party sought to be charged. 



12 



1856.— Chapters 19, 20, 21. 



Act to have no Sect. 2. Tliis act sliall have no effect upon any action 
actions? &r'^'"^ now pending, or upon promises made by an insolvent debtor 
before this act goes into operation. [ Approved by the Gov- 
ernor, February 15, 1856. 



Chap. 19. 



Privileges, re- 
strictions, &c. 



An Act to continue in force an Act" to incorporate the Lynn Mutual Fire 
Insurance Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as foUoius : 

Act extended. Sect. 1. Thc act to iucorporatc the Lynn Mutnal Fire 
Insurance Company, passed February the twentieth, in the 

Duration. year one thousand eight hundred and twenty-eight, shall be 

and remain in force for the term of twenty years from the 
twentieth day of February, in the year one thousand eight 
hundred and fifty-six ; and the said corporation sliall be con- 
tinued through that term ; with all the powers and privileges, 
and subject to all the duties, restrictions and liabilities, set 
forth in the thirty-seventh and forty-fourth chapters of the 
Revised Statutes, the four hundred and fifty-third chapter 
of the statutes of eighteen hundred and fifty-four, and all 
other statutes which have been, or may hereafter be passed 
relating to mutual fire insurance companies. 

Sect. 2. This act shall take effect from and after its 
passage. [^Approved by the Governor, February 16, 1856.] 

Chan. 20. ^n Act to extend the time for the construction of the Millbury and South- 
^ * * bridge Railroad. 

Be it enacted by the Senate and House of Representa- 
tives, in General Coural assembled, and by the authority of 
the same, as follows : 

The time within which the Millbury and Southbridge 
Railroad Company may construct the unfinished portions of 
their railroad, is hereby extended one year from the time 
now prescribed by law. {^Approved by the Governor, Feb- 
ruary 16, 1856.] 

Chap. 21. -^N Act concerning the Perkins Mills and D wight Manufacturing Company, 
■^' ' and to increase the Capital Stock of the latter. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 
Dwigiit Manufac- Sect. 1. Thc stockholdcrs of the D wight jVtanufacturing 
to"s°ueSoTd^ Company, in the town of Chicopee, and county of Hamp- 
ditionai shares, ^^^^^ ^^^ hcrcby authorized to create one thousand addi- 



Time for con- 
struction ex- 
tended. 



1856.— Chapter 21. 13 

tional shares of capital stock of one thousand dollars each, «i:Ooo each, to 
which shares shall be issued to the several stockholders of Perk^nfmus^ 
the Perkins Mills in said Chicopce, in proportion to the 
number of shares held by eacli in said Perkins Mills : pro- Proviso. 
vided, that at a legal meeting called for the purpose, the 
said Perkins Mills shall, by a vote representing two-thirds 
of the whole number of shares as owned Ijy the stockhold- 
ers thereof at the time being, — that is to say, by a vote of 
six hundred and sixty-seven shares, — accept this act, and 
agree to sell, transfer and assign, their entire property and 
estate, real, personal or mixed, in whatsoever form or man- 
ner existing, together with all their existing rights, privi- 
leges and immunities, to the said Dwight Manufacturing 
Company, as the equivalent of the said one thousand addi- 
tional shares created by this act, and shall authorize and Erectors to exe- 
empower their directors, or a majority of them, to prepare, Tefancef&c.'''"'" 
sign, and execute, acknowledge and deliver, in the name of 
the said Perkins Mills, any and all deeds of conveyance, or 
instruments in writing, necessary to fully effectuate such 
sale and transfer accordingly. 

Sect. 2. When such sale and transfer shall have been Perkins mhis 
completed, the charter of the Perkins Mills shall be there- "'''''''■''^°"''""'- 
upon cancelled and annulled : provided^ that for all the Proviso, 
purposes connected with the settlement of the affairs of the 
Perkins Mills, this annulment shall not affect tlie claims, 
rights or demands, of said corporation, in law or in equity ; 
but the same shall survive and inure to the benefit and be- 
hoof of the Dwight Manufacturing Company : and pro- Provided, aieo. 
vided^ also, it shall not affect the claims, rights or demands 
of any creditors of the Perkins Mills, in law or in equity ; 
but that all such claims, rights and demands, shall survive ; 
and in consideration of the said sale and transfer, the 
said Dwight Manufacturing Company shall be held answer- 
able and liable therefor. 

Sect. 3. This act shall take effect from its passage, but '^•^J^'^i'^ndvoki 
shall be null and void, unless accepted by the said corpora- &c. 
tions, respectively, within six months thereafter, which 
acceptances shall be binding on both corporations for the 
due fulfilment of all the stipulations and provisions of this 
act. \_Approved by the Governor, Febriiary 16, 1856.] 



14 1856.~Chapters 22, 23, 24. 

Chop. 22. -A.N Act in further addition to an Act establishing the City of Salem. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and bjj the authority of 
the same, as follows : 

Md ward officers. Sect. 1. TliG accGptaiice by the legal voters of the city 
of Salem, of an act entitled, " An Act in addition to an Act 
establishing the city of Salem," approved by the governor, 
on the third day of May, in the year one thousand eight hun- 
dred and fifty-live, shall not prevent the holding of elections 
for the choice of cit^^ and ward officers in and for said city of 
Salem, on the Tuesday next preceding the second Monday of 

Organization of Marcli, \i\ tlic prcscut ycar, nor the organization of the gov- 

city cov8rnin6rit. ^ i »/ / o <-j 

ernment of said city of Salem on the fourth Monday of March, 
in the present year, in the manner now provided by law. 

Sect. 2. This act shall take effect from and after its 
passage. [^Approved by the Governor, February 21, 1856.] 

L/hup, 23. An Act to change the corporate name of the Second Baptist Society in Salem, 

and also the time of their Annual Meeting. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Name changed. Sect. 1. Tlic corporatc name of the Second Baptist 
Society in Salem, is hereby changed ; and said society shall 
hereafter be called and known by the name of the Central 
Baptist Society in Salem. 

Annual meeting, Sect. 2. TliG auuual mectiug of Said society may be 
holden on any day in March, Sundays excepted, instead of 
the first Monday in January, as required by their act of 
incorporation, passed February fifteenth, eighteen hundred 
and twenty-six. 

Sect. 3. This act shall take effect from and after its 
passage. \^Approved by the Governor, February 21, 1856.] 

Chcin. 24. -^^ -^^'^ respecting the Custody of Minor Children whose Piirents are living 
■^ * separate. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Justices s. J. c. In all cases where the parents of any minor children are 
may decTee'cM-' Hviug Separate, tlic justices of the supreme judicial court, 
diudren.""''°' ^^^ ^^^^ pctitiou of cithcr parent, shall have the same power 
to make such decrees concerning their care, custody, educa- 
tion and maintenance, as they now have in cases of children 
whose parents are divorced. \_Approved by the Governor, 
February, 21, 1856.] 



1856.— Chapters 25, 26. 15 

An Act to incorporate the Nantucket Agricultural Society. Cliap. 25. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as foUoivs : 

Sect. 1. E. W. Gardner, Josiah Gorham, AVilliam M. corporators. 
Bates, their associates and successors, are hereby made a 
corporation by the name of the Nantucket Agricultural 
Society, for the encouragement of agriculture and the me- ^"■•pos^- 
chanic arts, in the county of Nantucket, by premiums and 
other means; with all the powers and privileges, and sub-ftrir«ou^s;&c" 
ject to all the duties, liabilities and restrictions of other 
agricultural societies established in this Commonwealth. 

Sect. 2. Said society shall be entitled, on the same Keceiye s20o an- 

. •' , . . . nually from Com- 

terms as other incorporated agricultural societies, to receive mouweaith. 
annually, from the treasury of the Commonwealth, two hun- 
dred dollars, under the provisions of chapter forty-two of 
the Revised Statutes, notwithstanding the restrictions of 
section second of that chapter. l^Apjrroved by the Govern- 
or, February 21, 1856.] 

An Act concerning the Boston and New York Central RaUroad Company. iyllCip. 2o. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloU'S : 

Sect. 1. Any person or persons having such claim for claimants for 
land damages against the Boston and New York Central may a^el'^Sot 
Railroad Company, as does or may hereafter entitle him or *° ^^'"^- ^^ 
them, at common law or by the statutes of this Common- 
wealth, or in any other way, to any injunction or process in 
law or equity, are hereby authorized to agree in writing with 
said company, upon such terms and conditions as shall be 
expressed in his or their agreement or agreements, not to 
avail himself or themselves of any or either, or all of said 
remedies, before the first day of May, in the year eighteen 
hundred and fifty-nine; and neither such agreement or ^^"^^^g^g'^^g^f^^j^'? 
agreements, nor any delay to apply for any of said processes, verofnghttoen- 
in pursuance of the terms and conditions of such agreement 
or agreements, shall be deemed a waiver of his or their 
right to enforce any, either or all of said remedies after the 
expiration of the said time,*or upon the breach, hj the said 
company, of the terms or conditions, or any of them, of the 
said agreement or agreements ; but the same may then, in 
either such case, be enforced as fully as if said agreement 
or agreements had never been made. 

Sect. 2. This act shall take eifect from and after its 
passage. \_Approved by the Governor, February 20, 185G.] 



16 



1856.— Chapters 27, 28, 29, 30. 



Parts of acts 
repealed. 



Chcip. 27. An Act relating to the appointment of Trustees of the State Lunatic 

Hospitals. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and bi/ the authority of 
the same, as folloivs : 

So much of the first section of the forty-eighth chapter of 
the Revised Statutes, and of the first section of chapter three 
hundred and eighteen of the acts of eighteen hundred and 
fifty -three, as relates to the appointing for a succeeding year 
of the first named in the commission of trustees of the 
Lunatic Hospitals of Worcester and Taunton, is hereby re- 
pealed. \_Approved by the Governor, February 26, 1856.] 

Chop. 28. An Act to extend the time for Constructing the Western Avenue Railroad. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the aiUhority of 
the same, as follows : 

The time allowed to the Western Avenue Railroad Com- 
pany to construct its Railroad, is hereby extended two years 
beyond the time now prescribed l)y law. \^Approved by the 
Governor, February 26, 1856.] 



Time for con- 
struction ex- 
tended two 
years. 



Chcii). 29. -^^ -^^"^ ^^ extend the time for the construction of the Barre and North Brook- 
-' ' "^ ' iield Railroad. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the sa?ne, as folloivs : 

The time within which the Barre and North Brookfield 
Railroad Company may construct its railroad, is hereby 
extended two years from the time now fixed by law. \^ Ap- 
proved by the Governor, February 26, 1856.] 



Time for con- 
struction ex- 
tended two 
years. 



Chap. 30. 



Corporators. 



Purpo.ie. 



Privileges, re- 
strictions, &c. 



An Act to incorporate the Blackstone Athenseum. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Henry C. Kimball, Estes Lamb, James B. Hall, 
Paul P. Todd and Alexander Ballon, their associates and 
successors, are hereby made a. corporation by the name of 
the Blackstone Athenaeum, to be established in the town of 
Blackstone, in the county of Worcester, for the purpose of 
instituting and maintaining a library and reading-room, 
advancing useful arts and sciences, and promoting public 
instruction, by lectures or otherwise ; with all the powers 



1856.— Chapters 31, 32. 17 

and privileges, and subject to all the duties, restrictions and 
liabilities, set forth in the forty-fourth chapter of the Revised 
Statutes. 

Sect. 2. Said corporation may hold real and personal Real and personal 

i T • n 1 n estate not to ex- 

cstate, to an amount not exceeding m all the sum ot twenty- ceed $25,000. 
five thousand dollars, the income of which shall be devoted income, how 
to the aforesaid purposes. [^Appi'oi'ed by the Governor^ 
February 26, 1856.] 



An Act to incorporate the Clinton Steam-Power Company. ChttP, 31. 

Be it enacted hi/ the Senate and House of Representa- 
tives, in General Court assembled^ and hi/ the anihority of 
the same, as follows : 

Sect. 1. Joseph B. Parker, Sidney Harris, Franklin corporators. 
Forbes, their associates and successors, are hereby made a 
corporation by the name of the Clinton Steam-Power Com- Name. 
pany ; for the purpose of supplying mechanics and manufac- Purpose. 
turers with rooms and steam-power in the town of Clinton, • 
in the county of Worcester : and for this purpose shall have Privileges, re- 
all the powers and privileges, and be subject to all the duties, ^ ^^° °°^' 
liabilities and restrictions, set forth in the thirty-eighth and 
forty-fourth chapters of the Revised Statutes, the one hun- 
dred and thirty-third chapter of the acts of the year eighteen 
hundred and fifty-one, and all other general statutes which 
have been or may be passed, relating to like corporations. 

Sect. 2. The said corporation may hold, for the pur- Reai estate, 
])6ses aforesaid, real estate to the amount of fifty thousand *^^'^*^- 
dollars, and the whole capital stock shall not exceed seven- capital stock. 
ty-five thousand dollars : provided, that no shares in said proviso." 
capital stock shall be issued for a less sum or amount, to be 
actually paid in on each, than the par value of the shares 
which shall be first issued ; and provided, also, that no shares Provided, aiso. 
in said capital stock shall be assessed beyond such par value. 

Sect. 3. This act shall take effect from and after its 
passage. {^Approved by the Governor, February 26, 1856.] 

Ax Act to change the corporate name of the Plympton Branch Railroad f^h/j^ QO 

Company. -i' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the $ame, as folloivs : 

Sect. 1. The corporate name of the Plympton Branch Name changed. 
Railroad Company is hereby changed, and the said corpora- 
tion shall hereafter take and be known by the name of the 
Silver Lake Ice Company. 



18 



1856.— Chapters 33, 34. 



Sect. 2. This act shall take effect from and after its 
passage. \_Approved by the Governor, February 29, 1856.] 



Ch(ll). 33. -^^ -^^'^ extending 



Time for con- 
struction ex- 
tended to May 
1, 1857. 



Chcq). 34. 



Power of sure- 
ties to exonerate 
themselves. 



Subsequent re- 
lease of persons 
committed. 



the time for the construction of the Boston and New York 
Central Railroad. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, asfolloivs : 

The time within which the Boston and New York Central 
Railroad Company may construct that portion of their rail- 
road which was originally incorporated as the Southbridge 
and Blackstone Railroad Company, is hereby extended to 
May first, eighteen hundred and fifty-seven: provided, how- 
ever, that any person or persons, whose land or other prop- 
erty has been taken by said railroad company, shall have one 
year, in addition to the time now allowed by law, to avail 
himself or themselves of the remedies provided in the thirty- 
ninth chapter of the Revised Statutes. [^Approved by the 
Governor, February 29, 1856.] 

An Act amending the Forty-Ninth Chapter of the Revised Statutes, respect- 
ing the manner of Sureties surrendering their Principals in Bail Bonds. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The sureties in the bond given as required by 
the Revised Statutes, chapter forty-ninth, sections first and 
second, shall have the same power to exonerate themselves 
as sureties in a bail bond now have, by Revised Statutes, 
chapter ninety-first. 

Sect. 2. Whenever any person shall be committed on 
account of inability to give such bond, or shall be surren- 
dered by his sureties, as provided in the preceding section, 
lie shall be discharged from prison, on giving, at any time 
thereafter, the bond required, with sureties approved by two 
justices of the peace and of the quorum, of the county, in 
the same manner as is provided by chapter ninety-seven, 
section sixty-fifth, of the Revised Statutes, for the approval 
of sureties in a bond for the prison limits. 

Sect. 3. This act shall take effect from and after its 
passage. {^Approved by the Governor, February 29, 1856.] 



1856.— Chapters 35, 36. 19 

An Act to incorporate the Duston Monument Association. Chcfl). 35. 

Be it enacted by the Senate ayid House of Representa- 
tives^ in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Charles Corliss, George Coffin, M. G. J. Emery, corporators. 
Obadiah Duston, Daniel Webster, T. J. Goodrich, John 
Carleton, John N. Kimball, Ezra B. Welch, J. V. Smiley, 
George Corliss, Numa Sargent, their associates and succes- 
sors, are hereby made a corporation, by the name of the Dus- Name. 
ton Momiment Association, for the purpose of enclosing and Purpose, 
improving the site of the house in Haverhill, from which 
Hannah Duston was taken by the Indians, and of erecting 
and maintaining, by voluntary subscriptions and donations, 
a monument thereon; with all the powers and pi'i^'ilcges, Priv«e^g^es,^e- 
and subject to all the duties, liabilities and restrictions, set 
forth in the forty-fourth chapter of the Revised Statutes. 

Sect. 2 Said corporation may hold real and personal Keaiaud personal 

T ^ • , p J 1 V • 1 estate not to es- 

estate necessary and convenient lor the purposes aioresaid, ceea siio,ooo. 
not exceeding in amount the sum of ten thousand dollars. 

Sect. 3. Said corporation shall have no power to assess m^™j"^"-s not 
or tax its members. 

Sect. 4. All past and future contributors to the amount contributors of 
of one dollar in aid of the association, shall thereby be enti- membership. 
tied to membership thereof, with all its privileges. {^Ap- 
proved by the Governor, March 5, 1856.] 

An Act to continue in force «' An Act to incorporate the Hampshire Mutual Q/ifip^ 36. 
Fire Insurance Company." ^ 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

The act to incorporate the Hampshire Mutual Fire Insur-^'^^t'continuea. 
ance Company, passed on the sixth day of March, in the year 
one thousand eight hundred and thirty, shall be and remain in Duration. 
force for the term of twenty years from the sixth day of ]\Iarch, 
in the year one thousand eight hundred and fifty-eight ; and 
the said corporation shall be continued through that term, Priyiiegos, ^re- 
with all the powers and privileges, and subject to all the duties, ' 

restrictions and liabilities, set forth in the thirty-seventh and 
forty-fourth chapters of the Revised Statutes, the four liun- 
dred and fifty-third chapter of the statutes of one thousand 
eight hundred and fifty-four, and in all the statutes Avhich 
have been, or may hiereafter be passed, relating to mutual 
fire insurance companies. \_Apjyroved bij the Governor, 
March 5, 1856.] 



20 



1856.— Chapters 37, 38. 



Chcip. 37. -A-N Act to establish the Office of Assistant- Clerk of the Supreme Judicial 

Court, in the County of Suffolk. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled^ and by the authority of 
the same, as folloivs : 

Assistant-clerk of Sect. 1. Tlic justiccs of tliG supi'cmo judicial court may, 
county of Suffolk, froiii timc to time, appoint some suitable person to act as 
assistant-clerk of the supreme judicial court for the county 
of Suffolk, who shall hold his office for the term of three 
years from the time of his appointment, subject to be sooner 
removed l)y the supreme judicial court ; he shall perform 
his duties under the direction of the clerk of the supreme 
judicial court for the county of Suffolk, shall be sworn to 
the faithful discharge of his duties, and shall pay over to 
said clerk all fees and sums received l)y him as such assist- 
saiary, $1,500 aut, to 1)0 accouutcd for according to law ; and he shall 
receive for his services, the sum of fifteen hundred dollars 
per annum,- payable quarterly out of the treasury of the 
county of Sufiblk. 

Sect. 2. Such assistant-clerk may authenticate papers, 
and perform such other duties of the clerk as shall not Ije 
])erformed by him ; and in case of the absence, neglect, 
removal, resignation or death of the clerk, may complete 
and attest any records remaining unfinished, and act as 
clerk of said supreme judicial court, until a new clerk be 
appointed and qualified. 

Sect. o. Such assistant-clerk, before entering upon the 
duties of his office, shall give a bond to the treasurer of the 
county of Suffolk, to be approved by the supreme judicial 
court, in a sum not less than five hundred dollars, and not 
exceeding two thousand dollars, with one or more sufficient 
sureties, with condition for the faithful discharge of the 
duties of his office. {^Approved bij the Governor, March 5, 
1866.] 



Duties- 



Bond, &c. 



Chap. 38. 



S. J. 0. to hare 
jurisdiction in 
equity in cer- 
tain cases. 



Suits, how com- 
menced. 



An Act giving further remedies in Equity. 

Be it enacted by the Senate, and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1, Tlie supreme judicial court shall have jurisdic- 
tion in equity, in all cases of accident or mistake where the 
party asking relief has not a plain, adequate and complete 
remedy at law, with all the powers belonging to said court 
in suits in equity. 

Sect. 2. Suits in equity may be commenced by bill or 
by writ of attachment. 



1856.— Chapters 39, iO. 21 

Sect. 3. All acts or parts of acts, inconsistent with the inconsistent acts 
preceding section, are repealed. repeaiea. 

Sect. 4. This act shall take effect from and after its 
passage. ^[Approved by the Governor, March 5, 1856.] 

An Act relating to the unlawful use of Private Property. Chci}). 39. 

Be it enacted hij the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Every person, who shall, wilfully, mischievously uuiawfui taking 
and without right, take, drive, ride or use any horse, ass, ° '*''™^^- 
mule, ox, or any draught animal, the property of another, 
without the consent of the owner, or other person having the 
legal custody, care or control of the same, shall be deemed 
to be guilty of a misdemeanor ; and shall ho, punished by a 
line not exceeding three hundred dollars, or by imprison- 
ment in the house of correction for a term not exceeding 
six months : provided, that nothing in this act shall be so rioviso. 
construed as to apply to any case, where the taking of the 
property of another is with the intent to steal the same, or 
when it is taken under a claim of right, or with the pre- 
sumed consent of the owner, or other person having the 
legal control, care, or custody of the same. 

Sect. 2. Justices of the peace and police courts, shall Justices, &c., to 

h, . •-!••• •J.^ lA J. r have concurrent 

ave concurrent jurisdiction with the court ot common jurisdiction of of- 

pleas and the municipal court of the city of Boston, of of- *''"''''' 

fences under this act : provided, that such justices and police proviw. 

courts shall not have power to inflict a fine exceeding ten 

dollars on any conviction under this act. 

Sect. 3. The two hundred and ninety-fifth chapter of the Act of i854 re- 
acts of the year one thousand eight hundred and fifty-four, ''°^ ""^ 
is hereby repealed : provided, this repeal shall not affect any 
prosecution previously commenced. 

Sect. 4. This act shall take cftect from and after its 
passage. [^Ajiproved by the Governor, March 6, 1856.] 

An Act in addition to an Act in relation to Female Convicts. Chap. 40. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same as folloivs : 

Sect. 1. Justices of the police courts, shall have concur- Justices of poUee 
rent jurisdiction with the court of common pleas, of all concurrent juris- 
questions arising under the four hundred and sixteenth c.^Heas .'''"' ^' 
chapter of the acts of the year one thousand eight hundred 
and fifty-four. 



22 



1856.— Chapters 41, 42. 



Chap. 



May extend 
wliarf. 



Right, &c. 



Sect. 2. This act shall take eifect from and after its 
passage. [^Approved by the Governor, March 6, 1856.] 

41. An Act to authorize W. C. Barstow, B. C. Ward, E. S. Rand and C. C. 
Gilbert, to extend their Wharf. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

W. C. Barstow, B. C. Ward, E. S. Rand and C. C. Gil- 
Ijert, proprietors of a wharf and flats situated in that part of 
Boston called East Boston, and adjoining Condor Street, 
and lying between, and adjoining land and flats of the East 
Boston Company on the westerly side, and land and flats of 
B. C. Ward on the easterly side, are hereby authorized to 
extend and maintain their wharf aforesaid, into the harbor 
channel, as far as the commissioners' line, so called, as the 
same is now established by law, in Boston harbor ; and shall 
have the riglil to lay vessels at the ends and sides thereof, 
and to receive wharfage and dockage therefor: provided, 
hoivever, that this grant shall not be construed to extend to 
any flats or land of this Commonwealth, lying in front of 
the flats of any other person, or which would be compre- 
hended by the true lines of such flats, continued to the said 
commissioners' line ; and provided, further, that so much 
of said Avharf as may be constructed below low-water mark, 
shall be built on piles, which piles shall not be nearer to 
each other than six feet in the direction of the stream, 
and eight feet in a transverse direction, and that this act 
shall in no wise impair the legal rights of any person what- 
ever. [Approved by the Governor, March 10, 1856.] 

Chap. 42. ^N Act to continue in force an Act to incorporate the Danvers Mutual Fire 
Insurance Company, and to change the corporate name of the same. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs: 

Sect. 1 . The statutes of the year of our Lord one thousand 
eight hundred and twenty-nine, chapter twenty, incorporating 
the Danvers Mutual Fire Insurance Company, shall be contin- 
ued and remain in full force for the term of twenty years 
from and after the twelfth day of June, in the year of our Lord 
one thousand eight hundred and fifty-seven : provided, that 
said company shall be subject to all the duties, liabilities and 
obligations, and entitled to all the privileges set forth in 
the thirty-seventh and forty-fourth chapters of the Revised 



Provided, fur- 
ther. 



Act extended. 



Duration. 



Proviso. 



1856.— Chapters 43, 44. 23 

Statutes, the four hundred and fifty-third chapter of statutes 
of the year one thousand eight hundred and fifty-four, and 
all other general laws which have been and may hereafter be 
enacted, relating to mutual fire insurance companies. 

Sect. 2. The said Danvers Mutual Fire Insurance Com- Name changed. 
pany, shall hereafter be called and known by the corporate 
name of the South Danvers Mutual Fire Insurance Company. 

Sect. 3. This act shall take effect on and after its pas- 
sage. \^Approvedby the Governor, Mrirc/t 10, 1856.] 

An Act to amend an Act entitled, " An Act to authorize the Boston and Lowell Qh^n 43 
Railroad Company to alter the construction of a Bridge and the location there- J:' ' ' 

of," passed on the twenty-first day of May, eighteen hundred and fifty-five. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. So much of the second section of the act Partial repeal. 
passed on the twenty-first day of May, in the year eighteen 
hundred and fifty-five, entitled, " An Act to authorize the 
Boston and Lowell Railroad Company to alter the construc- 
tion of a bridge and the location thereof," as provides that 
the said Boston and Lowell Railroad Company shall be sub- 
ject to the general statutes which relate to railroad corpora- 
tions, which have been or may be hereafter passed, relating 
to such corporations, is hereby repealed. 

Sect. 2. This act shall take effect from and after its 
passage. \_Appfoi'ed by the Governor, March 10, 1856.] 

An Act to incorporate the Bowdoin Literary Association of Dorchester. Chctl). 44. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. Elbridge Packard McElroy, Robert Yose, Jr., corporators. 
Owen B. Brigham and their associates, members of the so- 
ciety known by the name and style of the Bowdoin Literary 
Association of Dorchester, with their successors, are hereby 
made a corporation by the name of the Bowdoin Literary 
Association of Dorchester, for the purpose of diffusing and Purpo.se. 
promoting general knowledge in the town of Dorchester ; 
with all the powers and privileges, and subject to all the privileges, re- 
restrictions, duties and liabilities, set forth in the forty- ^'"''*''"''' ^''" 
fourth chapter of the Revised Statutes. 

Sect. 2. The said corporation may hold real and per- Reai and personal 

■t , , , ^ ii>ii c • -\ 1 estate not to ex- 

sonal estate, to be used tor the purposes aioresaid, to an ceed $3o,ooo. 
amount not exceeding the sum of thirty thousand dollars. 
[Approved by the Governor, March 10, 1856.] 



24 1856.— Chapters 45, 46. 

Chcip, 45. An Act in addition to "An Act to incorporate the Pocha Pond Meadow 

and Fisliing Company, in Edgartown." 

Be it enacted hij the Senate and House of Mepresenta- 
tives, in General Court assembled, and hi/ the authority of 
the same, as folloivs : 

Meldowand Sect. 1. Tlic Poclia Pond Meadow and Fishing Com- 

Fishing Co. pany, in Edgartown, in Dukes county, their successors and 
HusiTrpriv- assigns, are hereby exclusively empowered, by seines, nets 
liege. &c. Q^. j^j^y Qi\^Qy. fishing apparatus, at any time between the first 

day of March and the first day of July in each year, to take 
herrings from the waters of Pocha or Capepoge Ponds, in 
said Edgartown, or any of the outlets thereof, 
r^ui^fishin" Sect. 2. If any person shall set, stretch or drag a seine 
or net in said ponds, or the outlets thereof, or shall in any 
manner catch, or attempt to catch herrings therein, except 
as above provided, without the consent of said company, he 
shall forfeit and pay to the use of the aforesaid company 
the sum of twenty dollars for each offence, and an addi- 
tional sum of twenty dollars for each and every barrel of 
herrings so taken. 
Penalty for hiu- Sect. 3. If auv locrsou sliall, in any way, hinder or pre- 

(lering passage of ■ - , , i i • /• • ,1 i "^ .,i r.^,i 

homng. vent the herrmgs irom passing through any or either oi the 

aforesaid ponds or the outlets thereof, during the jjeriod 
aforesaid, he shall for each and every offence forfeit and pay 
to the use of said company the sum of one hundred dollars. 

How vopoveiT.i. Sect. 4. The penalties above provided for, may be sued 
for and recovered in an action of debt, or an action of tres- 
pass in the case, in any court proper to try the same. 

simroi*. Sect. 5. The proprietors of the aforesaid corporation 

may increase the number of shares to sixteen. 

inconsistciit aot.^ Sect. 6. All acts or parts of acts, inconsistent with the 

lepeaec. provisious of this act, are hereby repealed. 

Sect. 7. This act shall take effect from and after its 
passage. [Approved by the Governor, March 11, 1856.] 

Chfip. 46. -^^ -^^^ "^ addition to an Act entitled, "An Act to incorporate the Mercantile 
-' * ' Library Association," passed in the ^year one thousand eight hundred and 
forty-five. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

fstetr*iwm ^^^'^- 1- The Mercantile Library Association of Boston, 

' ' ' ' may hold real and personal estate, for the purposes set forth 

in the original act of incorporation, of the value, in all, of 

To be vested in uot iiiorc thai! oiic hundred thousand dollars. And the 

fiYetru.stees. j^^^i^ ^-^^^ thcrcto shall l)c vested in five trustees, who shall 



1856.— Chapter 47. 25 

be appointed and controlled as provided in section second of 
the said original act. 

Sect. 2. All persons engaged in mercantile pursuits and Member... 
above the age of sixteen years, and no others, shall be eligi- 
ble as members of this association, and entitled to vote and 
act as officers thereof. 

Sect. 3. The board of government of the association. Board of govern- 
to wit, — the president, vice-president, corresponding secre- 
tary, recording secretary, treasurer, and eight directors, 
may receive as subscribers to the library or reading-room, 
and admit to the privileges thereof, any person or any May admit sub- 

i '=' TMi scribers on cer- 

mercantile firm who may not be eligible as a member or tain condition, 
members of the association under this act and the act to 
which this is in addition, upon payment of a subscription, 
and complying with such other terms and conditions as the 
said board may prescribe. 

Sect. 4. All parts of the original act of incorporation Partial repeal, 
inconsistent with this act, are hereby repealed. \_Approved 
bij the Governor, March 12, 1856.] 



An Act respecting Naturalization. ChcLp. 47. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and bij the author itt) of 
the same, as foUoics : 

Sect. 1. The supreme judicial court, the court of com-s. j. com-t, &c., 
mon pleas, the superior court of the county of Suffolk, when pucations'forna?- 
held for the transaction of civil business, shall entertain and "valuation. 
decide upon applications of aliens for naturalization. 

Sect. 2. All proceedings upon applications for natural- Proceedings to be 
ization, shall be held in open court, and be made matter of made''°matter'*°of 
record, and be entered upon the docket of the court, at the *''"'°'''^' ^''■ 
term when the primary application or declaration is made, 
and also at the term when the final application or declara- 
tion is made. 

Sect. 3. So much of the twenty-eighth chapter of the inconsistent act 
acts of the year one thousand eight hundred and fifty-five, "^"^^"^^ ' 
as is inconsistent with this act, is hereby repealed. 

Sect. 4. This act shall take effect from and after its 
passage. [Approved b>/ the Governor, March 13, 1856.] 



26 



1856.— Chapters 48, 49. 



Chap. 48. An Act in addition to several Acts to secure a Decennial Census and Statis- 

tical Information. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Compensation for Sect. 1. There sliall be allowed from the treasury of the 
een!suf,T2'°pCT Common weal til, for each agent, duly authorized and em- 
day, each agent, ployed, as provlded lu thc third section of an act approved on 
the twenty-first day of May, in the year of our Lord eighteen 
hundred and fifty-five, and entitled, " An Act to secure a De- 
cennial Census," as a compensation for his services, after the 
rate of two" dollars a day for each agent, for the time actually 
employed in taking said census, reckoning ten hours as a day : 
Provided. provicled, howeiwr, that if the same persons were employed 

at the same time for taking the census, who were required 
by the act approved May twenty-one, eighteen hundred and 
fiftj^-five, to obtain statistical information relating to certain 
branches of industry, then the sum of two dollars a day 
shall be equivalent to the services rendered under both acts : 
and provided, further, that if said services were performed 
under an agreement made between city or town authorities 
and such agents, such contracts may be approved by the 
state auditor, and paid, — if the amount payable under such 
contracts do not exceed the sum above named, — said con- 
tracts to be certified, and the bills of said agents to be 
approved by the mayors of the several cities, and the select- 
men of the several towns. 

Sect. 2. So much of the fourth section of the act ap- 
proved on the twenty-first day of May, in the year eighteen 
hundred and fifty-five, and entitled, " An Act to obtain Sta- 
tistical Information relating to certain branches of Indus- 
try," as relates to the auditing of the accounts of assessors, 
is hereby repealed. 

Sect. 3. This act shall take eflFect on and after its 
passage. [Approved by the Governor, March 15, 1856.] 



Provided, 
further. 



Part of act re- 
pealed. 



Chcip. 49. ■^^ ■^'''^ "^ addition to " An Act to incorporate the Young Men's Library 
^ ' Association of Worcester." 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Name changed. Sect. 1. The Youug Mcu's Library Association of 
Worcester, are hereby authorized to take the name of the 
Worcester Lyceum and Library Association. 

Sect. 2. The Worcester Lyceum are hereby authorized 



1856.— Chapters 50, 51. 27 

to unite with the Y0U112: Men's Library Association of Wor- union of associa- 
cester, and, upon the acceptance of this act by the said 
Lyceum, and the said Young Men's Library Association, 
the property of the said Lyceum shall pass to, and be vested ves'teo!''^ ' ^°" 
in, the Worcester Lyceum and Library Association. 

Sect. 3. This act shall take effect from and after its 
passage. \^Approved by the Governor, March 15, 1856.] 



An Act to regulate the construction of Fish Weirs. Chcit). 50. ^ 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the sa?ne, as folloivs : 

Sect. 1. The mayor and aldermen of any city, and the ^'^''^'^tmen, &r., 
selectmen of the several towns, lying upon the tide-waters the construction 
of this Commonwealth, are hereby empowered to authorize °^ ^^^ ^^"''' 
in writing, any person to construct fish-weirs in said waters, 
within the limits of such city or town, for a term not 
exceeding five years : provided, said weirs shall cause no rroviso. 
obstruction to navigation nor encroach on the rights of 
others. 

Sect. 2. If any person shall wilfully injure or destroy Penalty tor injur- 
said weirs, or any part thereof, or shall, without leave of the ^"s fish weirs, &c. 
owners thereof, take from the same any fish found therein, 
he shall, upon conviction, forfeit and pay to the use of the 
owners of said weirs, a sum not exceeding twenty dollars, 
to be recovered in any court of competent jurisdiction, and 
shall, moreover, be liable to the parties injured, for all 
damages in a civil suit. 

Sect. 3. This act shall take effect from and after its 
passage. [^Approved by the Governor, March 15, 1856.] 

An Act to incorporate the Williams House Company. ChoT). 51. 

Be it enacted- by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Harvey T. Cole, Sumner Southworth, Stephen corporators. 
Walley, their associates and successors, are hereby made a 
corporation by the name of the Williams House Company, Name. 
for the purpose of erecting a hotel in the town of Williams- Purpose. 
town, and maintaining the same, and the buildings and 
appurtenances connected therewith ; with all the powers and Privileges, re- 
privileges, and subject to all the duties, liabilities and re- '^ ™ ' '' 
strictions, set forth in the forty-fourth chapter of the Revised 
Statutes. 

Sect. 2. The whole amount of real and personal estate 



—i 



28 1856.— Chapters 52, 53, 54. 

Estate' $50 0TO°^^ ^^" capital stock which said corporation may hold for the 
purposes aforesaid, shall not exceed fifty thousand dollars : 

Proviso. provided, that no shares in the capital stock of said corpora- 

tion shall be issued for a less sum or amount, to be actually 
paid in on each, than the par value of the shares which 

Provided, also, shall bc first issucd ; and provided, also, that said corpora- 
tion shall not carry on the business of hotel-keeping. 

Sect. 3. This act shall take efiect from and after its 
passage. [Approved by the Governor, March 15, 1856.] 

ChciJ). 52. -^^ -^^"^ *° protect the Fisheries in Ipswich River, in the Towns of Hamilton, 
•^ Wenham, Topsfield, Boxford and Middleton. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court aseembled, and by the authority of 
the same, as follows : 

Fishing prohibit- Sect. 1. No pcrsou shall set, draw, or stretch any seine 

ed in certain Urn- Qp drag-uct, iu any of the waters in Ipswich River, within 

the limits of the towns of Hamilton, Wenham, Topsfield, 

Boxford and Middleton. 

Penalty for Sect. 2. Any pcrsou who shall offend against the pro- 

offending. visiou of scctiou first of tliis act, shall, for each and every 

offence, forfeit the sum of one hundred dollars, one-half 

thereof to the use of the complainant, and the other half to 

the town where the offence was committed. 

Sect. 3. This act shall take effect from and after its 
passage. \_Approved by the Governor, March 15, 1856.] 



Chtt'P. 53. -^^ ■^'^'^ *° authorize County Commissioners to administer Oaths and Affir- 
■* ' * mations. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

County commis- Sect. 1. Couuty Commissioners may administer oaths 

sioners may ad- ir,-. ,• a^ ' i_ i j_ i i' c 

minister oaths, and aifirmations, to witnesses who may appear to testily 
*'*'■ respecting any matter depending before them in their official 

capacity. 

Sect. 2. This act shall take effect from and after its 

passage. [^Approved by the Governor, March 15, 1856.] 

Chcip. 54. -^^ '^*^''' to authorize Daniel Crowley to extend his "Wharf. 

Be it enacted by the Senate and House of Representco- 
fives, in General Court assembled, and by the authority of 
the same, as folloivs : 

May extend Dauicl Crowlcy, propiictor of a wharf and flats situated 

'"^^^^' in that part of Boston called East Boston, and- adjoining 



1856.— Chapters 55, 56. 29 

Condor Street, and lying between, and adjoining land and 
flats of the city of Boston on the easterly side, and land and 
flats of Salma E. Gould, on the westerly side, is hereby au- 
thorized to extend and maintain his wharf aforesaid, into 
the harbor channel as far as the commissioners' line, so 
called, as the same is now established by law in Boston Har- 
bor, and shall have the right to lay vessels at the ends and Kights, &c. 
sides thereof, and to receive wharfage and dockage therefor : 
provided., hovjever, that this grant shall not be construed to Proviso. 
extend to any flats or land of this Commonwealth, lying in 
front of the flats of any other person, or whicli would bo 
comprehended by the true lines of such flats continued to 
said commissioners' line; and provided., further, that so Providea, fur- 
much of said wharf as may be constructed l^elow low-water 
mark shall be built on piles, which piles shall not be nearer 
to each other than six feet in the direction of the stream, 
and eight feet in a transverse direction ; and this act shall 
in no wise impair the legal rights of any person whatever. 
[^Approved by the Governor, March 17, 1856.] 

An Act to accept the surrender of the Charter of the Raihroad Mutual Fire (7A^W. 55. 
Insurance Company. ■* 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as foUoivs : 

The surrender of the charter of the Railroad Mutual Fire charter sur- 
Insurance Company, incorporated March twenty-second, in '^'^'''^<*''^'^' 
the year of our Lord one thousand eight hundred and fifty- 
one, is accepted, and the said charter shall be null and void, 
from and after the passage of this act. \_Approved by the 
Governor, March 21, 1856.] 

An Act to incorporate the New England Railroad Mutual Fire Insurance (JfiClp. 56. 

Company. ■'■ 

Be it enacted by the Senate and Hotise of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Thomas Hopkinson, John Howe, Waldo Hig- corporators. 
ginson, their associates and successors, are hereby made a 
corporation by the name of the Nev/- England Railroad Name. 
Mutual Fire Insurance Company, in the city of Boston, for Duration, 
the term of twenty-eight years, for the purpose only of Purpose, 
insuring railroad station and freight houses, and their con- 
tents, and other property in which railroad corporations 
may have an insurable interest, against loss or damage by 
fire; with all the powers and privileges, and subject to aU ^^'^^'^■'^2^, ^e- 



30 



1856.— Chapters 57, 58. 



May insure prop- 
erty iu other 
States. 



the duties, liabilities and restrictions, set forth in the thirty- 
seventh and forty-fourth chapters of the Revised Statutes, 
the four hundred and fifty-third chapter of the statutes of 
the year one thousand eight hundred and fifty-four, and all 
other laws which have been or may hereafter be enacted 
relative to mutual fire insurance companies. 

Sect. 2. This company are hereby authorized to insure 
property for any railroad corporation incorporated by the 
laws of Massachusetts, Maine, New Hampshire, Vermont, 
Rhode Island, Connecticut, New York, New Jersey and 
Pennsylvania, in which such corporations may have an in- 
surable interest, against loss or damage by fire, as set forth 
in section first of this act. 

Sect. 3. This act shall take effect on and after its 
passage. \_Approved by the Governor, March 21, 1856.] 



May extend 
wharf. 



Proviso. 



Chap. 57. An Act to authorize John Pew to extend his Wharf in Gloucester. 

Be it enacted hij the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. John Pew is hereby authorized to extend his 
wharf, in the harbor of Gloucester, a distance not exceeding 
thirty-seven feet, towards the channel : provided, that this 
grant shall in no wise impair the legal rights of any person 
or corporation. 

Sect. 2. This act shall take effect from and after its 
passage. \^Approved by the Governor, March 21, 1856.] 

Chap. 58. -^N ^'^'^ concerning the Vermont and Massachusetts Railroad Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the sanie, as foUoivs : 

Sect. 1. The Vermont and Massachusetts Railroad Com- 
pany are hereby authorized to mortgage to three trustees, 
and to the survivors and survivor of them, and each of 
them, and to their successors, to secure the bonds of said 
company to the amount of eleven hundred thousand dollars, 
the railroad of said company, with all the lands and build- 
ings of said company, intended for the use and accommoda- 
tion of said road and the business of the same, and all the 
locomotives, cars of all descriptions, tools, machinery, and 
implements used in working and running said road and in 
connection therewith, and all additions made thereto by 
adding new locomotives, cars, tools, machinery, and other 
things. 



May mortgage 
railroad, &o., 
to trustees, for 
!!fl,100,000. 



1856.— Chapters 59, 60, 61. 31 

Sect. 2. Such mortgao-e shall be recorded in the registry Mortgage shaii be 
of deeds of the counties of Worcester and Franklin, and in '*''°'' ^ ' 
the clerk's office of the towns of Fitchburg and Greenfield. 
\_Approved by the Governor, March 21, 1856.] 

An Act to authorize Parker Biirnham, Joseph B. Burnham and Elias Burn- Chap. 59. 

ham to extend their Marine Railway. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Parker Burnham, Joseph B. Burnham and Elias Marine railway 

-r-wi 11 I'l !!• • .tin Gloucester, 

Burnham, are hereby authorized to extend their marine rail- extended. 
way, in the harbor of Gloucester, a distance not exceeding 
thirty feet towards the channel : provided, that this grant Proviso. 
shall in no wise impair the legal rights of any person. 

Sect. 2. This act shall take effect from and after its 
passage. [^Approved by the Governor, March 21, 1856.] 

An Act to change the Name of the State Reform School for Girls. CllCip. 60. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The State Beform School for Girls shall hereafter be Name changed. 
called and known by the name of the State Industrial School 
for Girls. [^Ajjproved by the Governor, March 21, 1856.] 



An Act to set off a part of the Town of Boxford and annex the same to the CJlCip. 61. 
Town of Groveland, 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as foUoius : 

Sect. 1. So much of* the town of Boxford, in the county Territory set off 
of Essex, with the inhabitants thereon, as lies within the ■"" ^"^"^^^^ • 
following described lines, is set off from the said town of 
Boxford, and annexed to the town of Groveland, in said 
county of Essex, to wit: Beginning at a stone monument, 
at the north-westerly corner of the town of Georgetown, and 
north-easterly corner of said town of Boxford, thence run- 
ning south, ten degrees thirty minutes, west, three hundred 
and eleven rods and five links, on a line between said towns 
of Georgetown and Boxford, to a stone monument, at an 
angle between said towns ; thence running on an angle with 
the first mentioned line, containing forty-six degrees thirty 
minutes, five hundred and fifty-eight rods and twenty links, 
north-westerly, and between the houses of William Ross and 



32 1856.— Chapter 62. 

John C. Foot, and across Johnson's Pond, to a stone monu- 
ment between the towns of Bradford, Boxford and Grove- 
land ; thence runnmg easterly, on a Ime between said towns 
of Boxford and Groveland, (which is the present dividing- 
line between said towns,) to the point first begun at : j)'^o- 
inhabitants of videcl, koivever, that the inhabitants and land thus set off, 
pay to Boxford sliall bc lioldcn to pay, and shall pay, to said town of Box- 
$110.50. ford, the sum of one hundred and ten dollars and fifty cents ; 

the said sum being their portion of the town debt of said 
Provision for sup- town of Boxford : Siiid jyi'ovided, further, that all paupers 
por o pauper*, ^^j^^ liavc gained a settlement in said town of Boxford, by a 
settlement gained or derived within said territory, shall be 
relieved or supported by said town of Groveland, in the 
same manner, as if they had a legal settlement in said town 
of Groveland. 
Election of rep- Sect. 2. For tlic purposc of clccting representatives to 
the general court, to which the said town of Boxford is 
entitled, un|;il the next decennial census sliall be taken, in 
pursuance of the thirteenth article of amendment to the 
constitution, the said territory shall remain and continue to 
be a part of the town of Boxford, and the inhabitants, resi- 
dent therein, shall be entitled to vote in the choice of such 
representatives, and shall be eligible to the office of repre- 
sentative in the town of Boxford, in the same manner as if 
this act had not passed. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, March 21, 1856.] 

Chap. 62. An Act in addition to "An Act to incorporate the Proprietors of the Rural 

Cemetery in Worcester." 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

May hold real and Tlic corporatioii of thc proprictors of the Rural Ceme- 
necessa^ry.*"'"*'^*^ tcry ill Worccstcr, may take and hold, by purchase or other- 
wise, from time to time, so much real and personal estate, as 
may be necessary for the objects of their organization, any 
limitation in the act to which this is in addition to the con- 
trary, notwithstanding; and all such real and personal estate 
How applied. sliall be applied, exclusively, to purposes connected with, 
and appropriate to the objects of such corporation. \^Ap- 
Ijroved by the Governor, March 21, 1856.] 



1856.— Chapters 63, 64, 65. 33 

An Act in addition to " An Act to establish a State Beform School for Girls." Chap. 63. 

Be if. enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as foUoivs : 

The treasurer of the State Reform School for Girls sliall Treasm-er shaii 
receive, hold and invest, for the benefit of said Reform nonations, &c: 
School, all legacies, devises and donations to, or on the ac- 
count of said Reform School, subject to such regulations as 
may be established, from time to time, by the board of trus- 
tees of said school. [^Approved by the Governor, March 21, 
1856.] 

An Act to incorporate the Female Benevolent Society at South Danvers. Chttp. 64. 

Be it enacted by the Senate and House of Represenia- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Sarah L. Winchester, Eunice W. Cook, Mary corporator.. 
0. Poor, Maria Whitney, Tamison P. Kimball, their asso- 
ciates and successors, are hereby made a corporation, by the 
name of the Female Benevolent Society at South Danvers, Name, 
for the purpose of taking, holding, investing and distribut- Purpose. 
ing such funds as they now have, or may hereafter be given 
them for the charitable and benevolent objects of their asso- 
ciation ; with all the powers and privileges, and subject to P^^^^^^^g^**. ^re- 
all the duties, liabilities and restrictions, set forth in the 
forty-fourth chapter of the Revised Statutes. 

Sect, 2. Said corporation shall have power to establish Rules, &c. 
such rules and regulations, for the management of their 
association, as a majority of the members may, from time to 
time, determine to be expedient and proper. 

Sect. 3. The funds of this association shall not at any Jj'eS25°ooo° "' 
time exceed twenty-five thousand dollars. 

Sect. 4. This act shall take effect on and after its pas- 
sage. \_Approved by the Governor, March 21, 1856.] 

An Act in addition to an Act to incorporate the President, Directors and Chat) 65 
Company of the Maverick Bank in East Boston. "' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. That so much of the first section of said act, as Partial repeal 
restricts the place of business of said bank to any particular 
part of Boston, be and the same is, hereby repealed. 

Sect. 2. This act shall take effect from and after its 
passage. [^Approved by the Governor, March 26, 1856.] 



34 



1856. — Chapter 66. 



Power to con- 
struct railway. 



Tracks, how to 
be laid. 



Chcip. 66. An Act in addition to an Act to incorporate the Dorchester Avenue Raihroad 

Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court asse^nbled, and by the authority of 
the same, as folloivs : 

Sect. 1. The Dorchester Avenue Railroad Company is 
hereby empowered to construct, maintain and use a railway 
or railways, with convenient single or double tracks, to be 
operated by horse-power only, upon and over such streets 
and ways within the limits of that part of the city of Boston, 
which was set off from the town of Dorchester, by the four 
hundred and sixty-eighth chapter of the acts of the year 
one thousand eight hundred and fifty-five, as the mayor and 
aldermen of said city of Boston may, by their votes, from 
time to time, permit or determine ; and also upon and over 
such streets and ways within the limits of the town of Dor- 
chester, upon and over which the said company has not 
heretofore been authorized to construct said railway, as the 
selectmen of said town shall, by their votes, from time to 
time, permit or determine. 

Sect. 2. All tracks of said railroad shall be laid at such 
distances from the side-walks, in said city of Boston and 
town of Dorchester, and shall be constructed and main- 
tained in such form and manner, and upon such grades, 
and with such gauge, as the mayor and aldermen of said 
city, and the selectmen of said town, respectively, shall 
determine to be for the public safety and convenience ; and 
before the location or construction of any track in any 
street or higliway, the mayor and aldermen of said city, and 
selectmen of said town, respectively, shall give notice to the 
abutters thereon, in the manner provided in the four hun- 
dred and thirty-fifth chapter of the acts of tlie year one thou- 
sand eight hundred and fifty-four. 

Sect. 3. The mayor and aldermen of said city of Bos- 
ton, and the selectmen of said town of Dorchester, shall 
respectively, have and possess, in respect to the railway or 
railways constructed and maintained under this act, and 
the regulation of the rate of speed and mode of use of said 
tracks, and the discontinuance of the same, or any part 
thereof, all the powers conferred on them by the four hun- 
dred and thirty-fifth chapter of the acts of the year one 
thousand eight hundred and fifty-four, and all the powers 
and rights and privileges by this act conferred on said Dor- 
chester Avenue Railroad Company, shall be subject to all 
the duties, liabilities, conditions, restrictions and provisions 
contained in the four hundred and thirty-fifth chapter of the 



Notice to abut- 
ters. 



Powers con- 
ferred, &c. 



1856.— Chapters 67, 68. 35 

acts of the year one thousand eight hundred and fifty-four, 
and in the two hundred and first chapter of the acts of the 
year one thousand eight hundred and fifty-five. [Approved 
by the Governor, March 26, 1856.] 

An Act to establish the office of Assistant- Attorney for the County of Suffolk. y^ilCip. 67. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. There shall be appointed by the Governor, with Governor to ap- 
the advice and consent of the council, an assistant-attorney attorney for 
of the Commonwealth for the county of Suffolk, whose duty LT*^ °^ ^'^' 
it shall be to assist, under his direction, the attorney of the 
Commonwealth for said county, in the performance of his 
official duties. 

Sect. 2. The said assistant-attorney shall receive for his salary, 
services, an annual salary of eightsen hundred dollars, to be 
paid in equal quarterly payments, from the treasury of the 
Commonwealth. \_Approved by the Governor, March '21, 
1856.] 

An Act in relation to Lands Mortgaged to the Commonwealth. ChdX) 68 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Whenever the title to any real estate becomes Treasurer may 
vested in the Commonwealth, by reason of the foreclosure ll^uItlteX^- 
of any mortgage, the treasurer and receiver-general may, 
with the approval of the governor and council, convey the 
same, upon the payment of the amount of the mortgage 
debt, for the security of which the same was originally 
given, with the interest and expenses that have accrued 
thereon. 

Sect. 2. In all cases where the treasurer and receiver- May transfer, 
general of the Commonwealth, for the time being, shall hold OT^'thef ^e°cu'^ 
as the property of the Commonwealth, any note, bond, "^'^'Jjg^jJJo"^ i° 
mortgage or other security made to any predecessor in the office, &c. 
office of the treasurer and receiver-general, he shall have 
the same power to transfer, assign and discharge the same, 
as he would have if said note, bond or other security, had 
been made directly to the Commonwealth. 

Sect. 3. This act shall take effect from and after its 
passage. [^Approved by the Governor, March 27, 1856.] 



36 



1856.— Chapters 69, 70. 



Chcip. 69. -A-N Act to incorporate the Webster Institute, in the City of Cambridge. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follouis : 

Sect. 1. James C. Fisk, Charles A. Fiske and A. S. Kelly, 
their associates and successors, are hereby made a corporation, 
by the name of the Webster Institute, to be established in the 
city of Cambridge, for the purpose of establishing and main- 
taining a library and reading-room, advancing the useful 
arts and sciences, and promoting public instruction by lec- 
tures, or otherwise ; with all the powers and privileges, and 
subject to all the duties, liabilities and restrictions, set forth 
in the forty -fourth chapter of the Revised Statutes. 
Real and personal Sect. 2. Said corporatioii may hold real and personal 
Med «50°ooo°^^ estate not exceeding in amount or value, the sum of fifty 
thousand dollars. 

Sect. 3. This act shall take effect from and after its 
passage. \^Aj)proved by the Governor, March 28, 1856.] 



Corporators. 



Name. 
Purpose 



Privileges, re 
utrictionB, &c 



Chap. 70. 



Transitory ac- 
tions, in what 
counties stiall 
be brought. 



Inconsistent act 
repealed. 



Not to apply to 
pending actions. 



An Act relating to the Venue'bf Certain Actions. 

Be it enacted by the Senate and House of Representa- 
tives, in Genercd Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. All transitory actions shall, except in cases in 
which it is otherwise provided, when the plaintiff lives out 
of the State, be brought in the county in which the defend- 
ant lives, or in which he principally transacts his business, 
or follows his trade or calling, if he resides in this Com- 
monwealth ; and when there are two or more defendants, the 
action may, so far as it depends on the place of residence, 
be brought in the county in which either of the defendants 
lives, or in which he principally transacts his business, or 
follows his trade or calling ; and when any such action is 
brought in any other county, the writ shall be abated, and 
the defendant shall be allowed double costs. 

Sect. 2. So much of the fourteenth section of chapter 
ninety of the Eevised Statutes, as is inconsistent with the 
provisions of this act, is hereby repealed. 

Sect. 3. This act shall not apply to any action pending 
at the time of its passage. [Approved by the Governor, 
March 28, 1856.] 



1856.-- Chapters 71, 72. 37 

An Act in further addition to an Act in relation to Law Library Associations. ChcW. 71. 

Be it enacted by the Senate and House of Representa- 
tives^ in General Court assembled^ afid by the authority of 
the sa7ne, as follows : 

Sect. 1. The county commissioners of the several conn- ^wiop"^'^'5'"» 

, - , . -, T T 1 f "''^ county law 

ties are hereby autliorizecl to pay and disburse, Irom the libraries. 
treasuries of tlieir respective counties, to the treasurers of 
the law library associations now existing, or that may here- 
after be duly organized therein, such a sum or sums as they 
may deem necessary and proper, for maintaining and en- 
larging the public law libraries for the use of the courts and 
citizens of the several counties ; such sum not to exceed the 
amount paid into the treasury of any county by the clerks 
of the courts. 

Sect. 2. The treasurer of any such law library associa- ^reasurer to give 
tion, before receiving said moneys, shall give a bond, with 
sureties, to the satisfaction of the commissioners, for the 
faithful application of the same, and that he will make a 
return annually to them, under oath, of the manner in 
which all such applications are made. [Approved b// the 
Governor, March 28, 1856.] 

An Act to authorize Francis Small to extend his Wharf. Ckcip. 72. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Francis Small, proprietor of a wharf in Provincetown, is May extend 
hereby authorized to extend and maintain the same into'""' 
Provincetown harbor, to a distance at which there sliall bo 
six feet of water at low tide : provided, hoiuever, that the Proviso. 
said wharf shall not extend into the harbor or channel so as 
to obstruct the navigation of said harbor ; and he shall have Rights, &c. 
the right to lay vessels at the end and sides of said wharf, 
and to receive wharfage and dockage therefor : provided, 
also, that this act shall in nowise impair the legal rights of 
any person ; and provided, further, that said wharf shall be 
built on piles below low-water mark. [^Approved by the 
Governor, March 28, 1856.] 



38 



1856.— Chapters 73, 74, 75. 



Wharf in Edgar- 
town. 



Proviso. 



Kights, &c. 



Chcip. 73. -*^N Act to authorize Shaw Norris to build a Wharf. 

Be it enacted by the Senate and House of Representa- 
tives^ in General Court assembled, and by the authority of 
the same, as follows : 

Shaw Norris is hereby authorized to build and maintain a 
wharf from his land adjoining the east side of Holmes' Hole 
Harbor, near the termination of the county road leading 
from Edgartown to said harbor, extending the same one 
hundred feet from low-water mark, or to eight feet of water 
at low tide : provided, hovjever, that the said wharf shall 
not extend into the harbor or channel so as to obstruct the 
navigation of said harbor ; and he shall have the right to 
lay vessels at the end and sides of said wharf, and to receive 
wharfage and dockage therefor : provided, that this act shall 
not affect the legal rights of any person ; and provided, also, 
that said wharf shall be built on piles below low-water mark. 
[Approved by the Governor, March 28, 1856.] 

Chap. 74. -^^ ■^'^'^ ^^ addition to an Act entitled, an Act authorizing James S. Chace 
■* ' ' to plant Oysters in Taunton Great River. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Time increased. Sect. 1. The penalty imposcd in tlic sccond scction of the 
act of February twenty-eighth, in the year one thousand eight 
hundred and forty-six, to which this is in addition, shall be 
so amended as to increase the fine imposed in said act, to 
Additional pun- tlic suui of twcuty dollars : and in addition to said fine, 
iBhment. ^^^^ pcrsou coiivictcd of violating said right shall be impris- 

oned in the county jail for a term not to exceed thirty days. 
Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, March 28, 1856.] 

Chap 75. -^^ "^^^ authorizing the United States Chemical Manufacturing Company 
■* * * to change their Name and Location. 

Be it enacted by the Senate and House of Representor- 
lives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Chapter four hundred and eleven of the acts 
and resolves passed in the year eighteen hundred and fifty- 
three, entitled, " An Act to incorporate the United States 
Chemical Manufacturing Company," is hereby so far amend- 
ed as to authorize the said corporation to take the name of 
" The Coup Oil Company," in place and stead of that by 
which they were incorporated, and also to change the loca- 



Change of name 
and location. 



1856.— Chapters 76, 77, 78. 39 

tion of their manufacturing business, or the principal por- 
tion thereof, to Hingham in the county of Plymouth. 

Sect. 2. This act shall take effect from and after its 
passage. \^Approved by the Governor^ March 28, 1856.] 

An Act to authorize John N. Swazey to extend his Wharf in Lynn. ChciD 76 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloujs : 

John N. Swazey, proprietor of a wharf and flats situated ^^,^^^.1'"'''"'^ 
in that part of the city of Lynn called West Lynn, is hereby 
authorized to extend and maintain said wharf the distance 
of five hundred feet on the adjoining flats, in a course south, 
eight degrees east from the head, or outer end of said wharf: Proviso. 
provided, that this act shall in no way affect the legal riglits 
of any persons or corporation whatever. \^Approved by the 
Governor, March 28, 1856.] 

An Act in addition to an Act to incorporate the Trustees of the Punchard Qfidn^ 77. 
Free School, in the Town of Andover. "' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. The town of Andover is hereby exempted from Exempted from 
the requirements contained in the fifth section of the twenty- statute™"" ^° 
third chapter of the Revised Statutes, applicable to towns 
containing four thousand inhabitants : provided, that this Proviso. 
act shall not be construed to impair the right of the inhab- 
itants of said town, at any legal meeting called for the pur- 
pose, to establish and maintain such a school as is required 
in said fifth section, of towns containing four thousand 
inhabitants. 

Sect. 2. This act shall take effect on and after the when to take 
opening of said Punchard Free School. \_Approved by the^ 
Governor, March 29, 1856.] 

An Act authorizing the County Commissioners of the County of Norfolk to f^Jf^yt 78 
construct a Bridge across the Boston and New York Central Railroad, in ^'''^^P' ^• 
Dorchester. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The county commissioners for the county of May construct 
Norfolk are hereby authorized to construct a bridge, witli chUter." 
suitable approaches, in such manner as they shall judge 



40 



1856.— Chapter 78. 



Railroad compa- 
ny to reimburse, 
&c. 



Proceedings in 
case of refusal 
to pay, &e. 



Commissioners 
not to construct 
until, &c. 



Existing liabili- 
ties not to be 
impaired. 



expedient, over the Boston and New York Central Railroad, 
in Dorchester, at the place where said railroad is crossed by 
the highway located by said commissioners, and known as 
the Forest Hill Avenue, for the purpose of completing said 
highway and rendering the same safe and convenient to the 
public travel ; and the said Boston and New York Central 
Railroad Company shall repay and reimburse to said county 
of Norfolk all such sums of money, expenses and charges, 
as shall be expended and incurred by said county in the 
construction of said bridge and its approaches, as aforesaid, 
with interest on said sums. 

Sect. 2. In case said railroad company shall neglect or 
refuse to repay and reimburse said sums of money, expenses 
and charges, with interest as aforesaid, to said county, with- 
in ninety days after demand thereof, made by said commis- 
sioner's of said railroad company, the supreme judicial court, 
or any justice thereof, either in term time or vacation, shall 
have powQr, by injunction or other suitable process, accord- 
ing to the practice of courts of equity, to compel the repay- 
ment of said sums of money, expenses and charges, with 
interest as aforesaid, to said county, and shall restrain and 
prohibit said railroad company from crossing said highway, 
either at grade or above or below grade, and from crossing 
under said bridge, until payment is made, by said company 
to said county, for all the sums of money expended as afore- 
said, expenses, charges and interest as aforesaid, and the 
provisions of this act are complied with on the part of said 
company. 

Sect. 3. The said commissioners shall not be authorized 
by virtue of the provisions of this act to construct said 
bridge, until said railroad company, by a vote of the major- 
ity of the directors of said company, shall have assented to 
this act, and given the bond of said company, by its treas- 
urer, to said county, conditioned to repay and reimburse to 
said county, on demand, the sums of money, disbursements, 
expenses and charges, so to be expended and incurred as 
aforesaid, with interest as aforesaid. 

Sect. 4. The remedy prescribed in this act in default of 
payment, shall not exclude any other remedy now existing 
against said company for preceding defaults, or affect in 
any wise the enforcement of the duties and obligations de- 
volved, or which may devolve upon said company in any 
other mode allowed by law ; and nothing in this act con- 
tained shall alter or affect the liability for defects in said 
structures, or the obligations to maintain and repair said 
bridge and its approaches ; but said liability and obligations 



1856.— Chapters 79, 80. 41 

shall continue as they would have existed had said bridge 
and its approaches been constructed by said railroad com- 
pany. 

Sect, 5. This act shall take effect from and after its 
passage. [^Approved by the Governor, March 29, 1856.] 

An Act to incorporate the Haverhill Mechanics' Institute. Chap. 79. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. James A. Bartlett, Daniel Fitts, Albert H. West, corporators.. 
Samuel P. Prescott and Hiram A. Bagley, their associates 
and successors, are hereby made a corporation by tlie name Name. 
of "The Haverhill Mechanics' Institute," to be established 
in the town of Haverhill, in the county of Essex, for the 
maintenance of a library and for scientific and literary pur- 
poses ; with all the powers and privileges, and subject to all Prmiege,s, re- 
the duties, restrictions and liabilities, set forth in the forty- ^*"''*'™'' *"'' 
fourth chapter of the Revised Statutes. 

Sect, 2. Said corporation may hold real and personal Reai ana personal 
estate to an amount not exceeding fifty thousand dollars, ^'''''*^' *'^'^'°*^- 
the income of which shall lie devoted to the aforesaid pur- income, how 

devoted. 

poses. 

Sect. 3. This act shall take effect from and after its 
passage. [^Approved by the Governor, March 29, 1856.] 

An Act to incorporate the Pacific Mutual Insurance Company. Ch(l7) 80 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as foUmvs : 

Sect. 1. Edward M. Robinson, Gideon Allen, Benjamin corporators. 
T. Ricketson, their associates and successors, are hereby 
made a corporation by the name of the Pacific Mutual In- Nimf- 
surance Company, to be established in the city of New Bed- 
ford, for the purpose of making insurance against maritime Purpose. 
losses ; and for that purpose shall have all the powers and Piiviiege.s, re- 

. ., ,, }. nil- •• 1 stnctions, &c. 

privileges, and be subject to all the duties, restrictions and 
liabilities, set forth in the thirty-seventh and forty-fourth 
chapters of the Revised Statutes, the two hundred and 
eighty-first chapter of the acts of the year eighteen hundred 
and fifty-one, the four hundred and fifty-third cliapter of 
the acts of the year eighteen hundred and fifty-four, and 
all acts now existing or that may hereafter be enacted re- 
lating to mutual insurance companies. 

6 



42 



1856.— Chapters 81, 82. 



Chap. 81. 



Police court 
abolished. 



Pending suits, 
how determined. 



Sect. 2. This act shall take effect from and after its 
passage. [^Approved by the Governor, March 31, 1856.] 

An Act to abolish the PoHce Court, in the Town of Blackstone. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folhnvs : 

Sect. 1. Chapter seventy-two of the laws of eighteen 
hundred and fifty-four, entitled, " An Act to establish a 
Police Court in the town of Blackstone," and chapter three 
hundred and forty-five of the laws of eighteen hundred and 
fifty -four, entitled, " An Act in addition to an Act to estab- 
lish a Police Court in the town of Blackstone," are hereby 
repealed. 

Sect. 2. This act shall take effect from and after its 
passage ; but all suits, actions and prosecutions, which shall 
be pending before said court when this act shall take effect, 
shall be heard and determined as though this act had not 
been passed. \^Approved by the Governor, April 1, 1856.] 

Chop. 82. -A-N Act authorizing the County Commissioners of the County of Middlesex 
to lay out a Highway and construct a Bridge over Maiden River. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
. the same, as folloivs : 

Sect. 1. The county commissioners for the county of 
Middlesex, are hereby authorized and empowered, if in their 
judgment the public necessity and convenience require it, 
to lay out a highway and construct a bridge and draw across 
Maiden River, in the town of Maiden, in said county, at 
some place to be determined by them, between Mystic River 
and the Edgeworth Bridge, across the Maiden River. 

Sect. 2. Said commissioners, in laying oat and con- 
structing said road and bridge, shtdl, in all respects, proceed 
as is now provided by law for laying out and constructing 
highways. 

Sect. 3. This act shall be void unless an application 
shall be made to the county commissioners to lay out said 
highway and bridge within one year from its passage. \_Ap- 
proved by the Governor, April 1, 1856.] 



May lay out high 
way and con- 
struct bridge 
jirvnss Maiden 
River. 



Commissioners, 
how to proceed. 



Act Toid unless, 
&c. 



1856.— Chapters 83, 84. 43 

An Act relating to Fish Ways at the several Datns on Barker's River, so Chap. 83. 
called, in the Town of Pembroke. 

Be it enacted by the Senate and House of Representa- 
tives^ in General Court assembled^ and by the authority of 
the same, as folloivs : 

Sect. 1. The owners or occupants of the seA'eral mill- owners of mm- 

--..■r^.'^ ii'ii clams to construct 

dams, erected across Barkers Kiver, may construct, \\\ the ash ways, &c. 
manner prescribed by the fish committee of the town of 
Pembroke, for the time being, good and sufficient passage- 
ways for tlie fish called alewives to pass said dams, up said 
river, to the Indian Ponds, so called, in the towns of Pem- 
broke and Hanson ; and the owners or occupants of sai4 
dams shall cause the same to be built and ke[)t in repair, at 
their own expense, and the same shall be kept open from 
the tenth day of April to the fifteenth day of May, inclusive, 
in each year. 

Sect. 2. In case the owners or occupants of said dams Pemitv for neg- 
shall neglect or refuse to comply with the foregoing requisi- ^'^ 
tion, then said owners or occupants shall take up the waste- 
ways of said mills, agreeable to an act entitled, " An Act to 
equalize and protect the Fishery on the North River, so 
called, in the county of Plymouth," passed the nineteenth 
of May, one thousand eight hundred and fifty-three. 

Sect. 3. The fish committee, of the town of Pembroke, Powersofash 

... , . 1 n 1 ^ n , 1 i T committee. 

for the time being, shall have full power to regulate and 
control the flow of water in Barker's River and Indian 
Ponds, so long as they may deem it necessary for the pres- 
ervation of said alewive fish in their passage to and from 
said Indian Ponds. 

Sect. 4. All acts and parts of acts, inconsistent with inconsistent acts 

... , , , -. ^ repealed. 

this, are hereby repealed. 

Sect. 5. This act shall take effect from and after its 
passage. [^Approved by the Governor, April 3, 185G.] 

An Act to authorize the Second Parish, in West Newbury, to dispose of Ckccp. 84. 
their Burial Grounds. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The Second Parish, in West Newbury is hereby Mav convey buri- 
authorized to transfer and convey to any associations incor-"^ grounds. 
porated according to law, and formed for the purpose of 
improving or enlarging any of the cemeteries situated in 
said parish, the burial grounds belonging to said parish : 



44 1856.— Chapters 85, 86, 87. 

ProTiso. provided, the majority of the aforesaid parish, at a regular 

meeting, duly called for that purpose, shall consent thereto. 
Sect. 2. This act shall take effect on and after its 
passage. l_Approved by the Governor, April 3, 1856.] 



Chart 85 "^^ "^^'^ ^^ addition to ♦' An Act relating to Leasehold Estates." 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Partial repeal. Sect. 1. Tlic first proviso to tlic first section of the two 

hundred and sixty-seventh chapter of the acts of the year 
^ne thousand eight hundred and forty-seven, providing that 
if the tenant shall pay or tender to the landlord the rent 
due, with interest thereon, at any time before final judgment 
under the proceedings provided for in the second section of 
said act, the lease shall be, and continue in full force, is 
liereby repealed. 

Sect. 2, This act shall take effect from and after its 
passage. [^Approved by the Governor, April 3, 1856.] 

Chat). 86. ^^ ■^^^ ^° extend the time for locating and constructing the Amherst and 
"' ' Belchertown Railroad. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Time for locating Tlic timcs allowcd to tlic Auilicrst aiid Belchertown 
extended. Railroad Company, for locating and constructing its rail- 

road, are hereby respectively extended one year beyond the 
periods now fixed by law, for the locating and constructing 
thereof. [^Approved by the Governor, April 3, 1856.] 

Chap. 87. ^^ -^^"^ t° authorize Zeno Crowell to build a Wharf. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloias : 

Wharf in ueuni.-. Zcuo CrowcU is hereby authorized to build and maintain 
a wharf from his land near the light-house, in that part of 
Dennis known as West Dennis, extending the same to two 
feet of water at low tide ; and he is further authorized to 
build and maintain a section from the end of, and trans- 
versely with, said wharf, seventy-five feet in length, and 
twelve feet in breadth ; and he shall have the right to lay 
vessels and boats at any part of said wharf, and to receive 

Proviso. wharfage and dockage therefor : provided, that this act shall 

in nowise impair the legal rights of any person or corpora- 
tion. [^Approved by the Governor, April 3, 1856.] 



1856.— Chapters 88, 89, 90. 45 

An Act in addition to an Act to authorize the Newburyport Railroad Com- CluW. 88. 
pany to construct a Branch Railroad. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and bij the authority of 
the same, as follows : 

Sect. 1. The time within which the Newburyport Raih'oad '^™e forming lo- 
Company is required to file the location of the branch railroad, 
the construction whereof is authorized by the sixty-second 
chapter of the acts of the year one thousand eight hundred and 
fifty-five, is hereby extended to the first day of October next. 

Sect. 2. This act shall take effect from and after its 
passage. [^Approved by the Governor, April 3, 1856.] 

An Act in addition to "An Act to authorize W. C. Barstow, B. C. Ward, Chap. 89. 
E. S. Rand and C. C. Gilbert, to extend their Wharf." 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The provisions of the forty -first cliapter of the Act amended. 
acts of the year one thousand eight hundred and fifty-six, 
passed March the tenth, are so far amended as that said 
wharf and flats shall be bounded on land and flats of E. S. 
Rand on the easterly side thereof, instead of lands and flats 
of B. C. Ward, as therein mentioned. 

Sect. 2. This act shall take effect from and after its 
passage. [^Approved by the Governor, April 3, 1856.] 



An Act in addition to certain Acts authorizing Benjamin W. Miller to plant /^/,^,, on 
Oysters in Taunton Great River. 1^/111]). »U. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The penalty imposed in the second section of Act of i846 
the act entitled, " An Act authorizing Benjamin W. Miller ^^-^^^'i- 
to plant oysters in Taunton Great River," passed February 
twenty-eighth, in the year one thousand eight hundred and 
forty-six, to which this is in addition, shall be so amended Additional une. 
as to increase the fine imposed in said act, to the sum of 
twenty dollars ; and in addition to said fine, any person imprisomnent. 
convicted of violating said right, shall be imprisoned in the 
county jail, for a term not to exceed thirty days. 

Sect. 2. The penalty imposed in the second section ofAotofi847 
the act entitled, " An Act authorizing Benjamin W. Miller to ^'^^'''^^'^■ 
plant oysters in Taunton Great River," passed March twelfth, 
in the year one thousand eight hundred and forty-seven, to 



46 1856.— Chapters 91, 92. 

Fine and impris- whicli tliis IS in addition, shall be so amended that in addi- 
onmeu . ^.^^^ ^^ ^^^^ ^^^^ imposed in said act, any person convicted of 

violating said right, shall be imprisoned in the county jail 

for a term not to exceed thirty days. 

Sect. 3. This act shall take effect from and after its 

passage. [^Approved by the Governor, April 3, 1856.] 

Chew. 9 1 . -^^ ^^^ ^'^ change the Corporate Name of the Fourth Congregational Pre- 
^ ' * cinct, in Rochester, and for other purposes. 

Be it enacted b// the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Corporate name Sect. 1. Tlic corporatc name of the Fourth Congrega- 
c ange . tional Precinct in Rochester, is hereby changed ; and said 

precinct shall hereafter be called and known by the name of 
the Congregational Church and Society in Marion. All the 
funds, riglits, privileges and immunities of the aforesaid 
precinct, are hereby confirmed to them under their new 
name. 

Sect. 2. This act shall take effect from and after its 
passage. l_Approved by the Governor, April 3, 1856.] 

Chap. 92. -A^N Act to authorize Albert Bowker and Joshua Bates to build and extend 

their Wharves. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

May build and Albert Bowkcr and Joshua Bates, proprietors of wharves 
w arves. ^^^^ ^^^^ situatc ou Eaglc and Chelsea Streets, in that part 
of Boston known as East Boston, and lying between the 
land and flats of the Glendon Rolling Mill and the Chelsea 
Free Bridge, are hereby authorized to build, extend and 
maintain, wharves from the said flats into the harbor chan- 
nel, as far as the line established by the act entitled, " An Act 
to preserve that part of the Harbor of Boston called Chelsea 
Creek, and to prevent encroachments therein," passed on 
the second day of May, in the year one thousand eight hun- 

Eights, &c. dred and forty-nine ; and they shall have the right to lay 
vessels at the ends and sides of said wharves, and to receive 

Proviso. wharfage and dockage therefor: provided, hoivever, that 

this grant shall not be construed to extend to any flats or 
lands of this Commonwealth, lying in front of the flats of 
any other person, or which would be comprehended by the 
true line of such flats continued to the commissioners' line ; 

Provided, also, aiid providcd, also, that so much of the said wharves as 



1856.— Chapters 93, 94. 47 

may be constructed below low-water mark shall be built on 
piles, which piles shall not be nearer to each other than six 
feet in the direction of the stream, and eight feet in a trans- 
rerse direction, and that this act shall in nowise affect the 
legal rights of any person or corporation. \_ Approved b// 
the Governor, April 3, 1856.] 

An Act to incorporate the Framingham Hotel Company. CJldi). 93 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. James W. Clark, C. C. Esty, Francis Jaques, corporators, 
their associates and successors, are hereby made a corpora- 
tion by the name of the Framingham Hotel Company, for Name, 
the purpose of erecting a hotel in the town of Framingham, ^"'■p"'" 
and maintaining the same, and the buildings and appurte- 
nances connected therewith; with all the powers and privi- Prwieges, re 
leges, and subject to all the duties, liabilities and restrictions, "^ "*"*' 
set forth in the forty-fourth chapter of the Revised Statutes. 

Sect. 2. The whole amount of real and personal estate capital stock, 
or capital stock, which said corporation may hold, for the *°'^'^^- 
purposes aforesaid, shall not exceed fifty thousand dollars : 
provided, that no shares in the capital stock of said corpora- Proviso, 
tion shall be issued for a less sum or amount to be actually 
paid in on each, than the par value of the shares which 
shall be first issued; and provided, also, that said corpo- Provided, also, 
ration shall not carry on the business of hotel-keeping. 

Sect. 3. Tliis act shall take effect from and after its 
passage. [Approved by the Governor, April 3, 185G.] 

An Act to extend the time for locating and constructing the Rockport Qhcil) 94 

Railroad, ^ 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the avlhority of 
the same, as follov)s : 

The time allowed to the Rockport Railroad Company for Time for 
locating and constructing its railroad, is hereby extended to Lnded"^ 
the first day of June, in the year eighteen hundred and 
fifty-seven. [^Approved by the Governor, April 3, 1856.] 



con- 
; ex- 



48 1856.— Chapters 95, 96, 97. 

Ch(X7). 95. -^^ ^'^'^ "^ relation to the Boston Clenring House. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and bij the authoriti/ of 
the same, as folloivs : 

Specie deposited, Sect. 1. The speciG belonging to the banks in Boston, 
ed'^asaetuairy'iii connected with the Boston Clearing House, and placed hj 
'^'"^''- them in a depository bank as special deposit, shall be taken 

and considered, in the returns required hj law to be made 

to the Secretary of the Commonwealth, as specie actually 

in the bank depositing the same. 

Sect. 2. This act shall take effect from and after its 

passage. [^Ajiproved by the Governor, April 5, 1856. 

J 

Chcfn. 96. -^^ ^'^^ relating to the return of Writs in Civil Actions before Justices of the 
' Peace and Police Courts. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as jollows : 

Return of writs, In clvil actious bcforc iustices of the peace and police 

&C> IQ civil ftC* 

tions. courts, the writ, or other process, shall not be returnable 

earlier than nine o'clock in the forenoon, nor later than five 
o'clock in the afternoon, of the day on which said writ or 
other process is returnable. [Approved bij the Governor, 
April 5, 1856.] 

Chan. 97. -^^ ^^^ ^'^ ^^^ ^^ ^ P^'^*' ^^ ^^^^ Town of Stonehara and annex the same to 
■^' ' the ToAvn of South Reading. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court asseinbled, and by the authority of 
the same, as follows : 

Anuexed to Sect. 1. All that part of the town of Stoneham, in the 

county of Middlesex, with the inhabitants thereon, lying 
north-easterly of the following described line, is hereby set 
off from tlie town of Stoneham and annexed to the town of 
South Reading, to wit : Beginning at the boundary between 
said towns of Stoneham and South Reading, at a stone mon- 
ument in the Taylor Pasture, so called, and running south, 
twenty-one degrees east, one hundred and forty and five- 
tenths rods, to the wall on the northerly side of the road , 
called in South Reading, Albion Street, near its junction 
with Broadway, so called ; thence south, thirty-seven degrees 
east, one hundred and fifty-seven and five-tenths rods, more 
or less, to the boundary line between said towns of Stone- 
ham and South Reading, at the south-west corner of Crystal 
Lake, containing about one hundred and ninety acres : pro- 



South Kead- 
iug 



1856.— Chapter 97. 49 

vided, hoiueve?', that for the purpose of electing the repre- to remain a part 
sentative to the general court, to which said town of Stone- election VSpre- 
ham sliall be entitled until the next apportionment of ^rauj^rr"^""' 
representatives, according to the provisions of the thirteenth 
article of amendment of the constitution, the said territory 
shall continue to be and remain a part of said town of Stone- 
ham ; and the selectmen of the said town of South RS'^^cli^gl^iectmeji tonir- 
shall furnish to the selectmen of the town of Stoneham, 
fourteen days at least before the Tuesday next after the 
first Monday in November, annually, a true list of all per- 
sons resident on said territory, who may be entitled to vote 
in the choice of representative, as aforesaid, in said town of 
Stoneham. 

Sect. 2. The inhabitants and estates hereby set olf shall ^°^a^j.e''a'^toxe°s 
be holden to pay all arrears of taxes which may have lieen as specitied. 
legally assessed on them, by the town of Stoneham, before 
the passage of this act ; and their proportion of all state 
and county taxes which the town of Stoneham may be 
required to pay previous to the taking of the next State 
valuation, the town of South Reading shall be holden to 
pay ; said proportion to be ascertained and determined by 
the valuation of the town of Stoneham next preceding the 
passage of this act. And the town of South Reading is hereby 
required to pay, within a reasonable time after the assess- 
ment of such taxes, on demand, to the town of Stoneham, 
such proportion, ascertained and determined as aforesaid, 
of the state and county taxes required to be raised by the 
town of Stoneham. 

Sect. 3. The town of South Reading shall be liable for suppoi-t of p^"- 
the support of all persons who may, after the passage of this 
act, stand in need of relief as paupers, whose settlement 
was gained by, or derived from, a residence within the limits 
of the territory set off as aforesaid. 

Sect. 4. In case the surplus revenue of the United surplus revenue. 
States, heretofore received by said town of Stoneham, should 
ever be refunded, the town of South Reading shall pay such 
proportion of the same as the valuation of the polls and 
estates of said territory bears to the whole valuation of said 
town of Stoneham. 

Sect. 5. This act shall take effect on and after its pas- 
sage. [Approved bi/ the Govprrio)\ April 5, 185fi.] 

7 



50 



1856.— Chapters 98, 99. 



Chctp. 98. An Act to incorporate the Boston and Kennebec Steamboat Company. 

Be it enacted by the Senate and House of Representa- 
tives^ in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. William B. Haseltine, Nathaniel Kimball, E. 
J. Taylor and Charles M. Carter, their associates and suc- 
cessors, are hereby made a corporation by the name of the 
Boston and Kennebec Steamboat Company, for the term of 
fifteen years, for the purpose of owning and running a 
steamboat or steamboats for the convenience of the pulilic 
travel and the transportation of merchandise between the 
city of Boston and the city of Hallowell on the Kennebec 
river ; with all the powers and privileges, and subject to all 
the duties, liabilities and restrictions, set forth in the forty- 
fourth chapter of the Revised Statutes, and all other laws 
that have been or may hereafter be enacted relating to 
steamboat companies. 

Sect. 2. ^ The capital stock of said corporation shall not 
exceed the sum of one hundred and fifty thousand dollars : 
provided, that no shares in said capital stock shall be issued 
for a less sum or amount, to be paid in on each, than the 
par value of the shares first issued. 

Sect. 3. This act shall not be so construed as to affect 
the legal rights of any person or corporation whatsoever. 
[^Approved by the Governor, April 7, 1856. j 



Corporators. 

Name. 
Term. 
Purpose. 



Privileges, re- 
strictions, &c. 



Capital not to ex- 
ceed $150,000. 



Act not to affect 
legal rights, &c. 



Chap. 99. 



Wife of insane 
husband may 
apply to judge 
of probate for 
allowance, &c. 



Commissioners 
to determine 
amount. 



Former act re- 
pealed. 



An Act concerning Husband and Wife. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The wife of any person under guardianship for 
idiocy or insanity, may apply to the judge of the probate court 
for the county in which said guardian may reside, for an 
allowance for her faipport out of the estate of her husband, 
to be paid to her by said gaurdian during the continuance 
of such guardianship ; and the amount of said allowance, if 
made, shall be determined by commissioners, appointed by 
the said judge of probate, whenever she shall petition for 
the same. 

Sect. 2. The four hundred and fifty-eighth chapter of 
the acts of the year one thousand eight hundred and fifty- 
five, entitled an act providing for the maintenance of wives 
whose husbands are under guardianship for idiocy or insan- 
ity, is hereby repealed. 

Sect. '6. This act shall take effect from and after its 
passage. {^Approved by the Governor, April 7, 1856.] 



1856.— Chapters 100, 101. • 61 

An Act to cede to the United States Jurisdiction over certain Lands and CIlCip. 100 
Shoals in the City and Harbor of New Bedford, and for other purijoses. 

Be it enacted by the Senate, and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloics : 

Sect. 1. Jurisdiction is hereby ceded to the United •^u"'=diction 
States over Egg Island Slioal. in the harbor of New Bedford, 
to include all of said shoal above or within low-water mai'k, ^°"'i'^^™-'- 
and so much thereof without low-water mark, as shall be 
bounded by lines drawn four hundred yards distant from, 
and parallel to, the faces of any fort to be built thereon. 
Jurisdiction is also ceded to the United States over any 
tract or tracts of land on Clark's Point, in the city of New 
Bedford, that may be acquired by the United States for 
the purpose of building and maintaining thereon, forts, 
magazines, arsenals, dock-yards, wharves and other struc- 
tures with their appendages ; and over all the contiguous 
shores, flats and waters, within four hundred yards from 
low-water mark ; and all right, title and claim which this 
Commonwealth may have to, or in the pemises aforesaid, is 
hereby granted to the United States: provided, that this Proviso. 
Commonwealth shall retain a concurrent jurisdiction with 
the United States in and over all the premises aforesaid, so 
far as that all civil processes, and such criminal processes, 
as may issue, under the authority of this Commonwealth, 
against any person or persons charged with crimes committed 
without the premises aforesaid, may be executed therein in 
the same way and manner as if jurisdiction had not been 
ceded as aforesaid. 

Sect. 2. The premises over which jurisdiction is granted Exonerated from 
by this act, and all structures and other property thereon, 
shall be exonerated and discharged from all taxes and 
assessments, which may be laid or imposed under the author- 
ity of this Commonwealth, while said premises shall remain 
the property of the United States, and shall be used for the 
purposes intended by this act. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, April 8, 1856. J 

An Act concerning Vacancies in School Committees. C/lCip. 101 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Whenever vacancies occur in the school com-vtiranciePincom- 

„ , ., • ,1 . /-I ixi 1 mittce, how filled, 

mittee of any town or city in this Commonwealth, or when 
from any cause any member or members of said committee 



52 . 1856.— Chapter 102. 

are unable to act, the remaining member or members, to- 
gether with the selectmen of said town, or the mayor and 
aldermen of said city, assembled in convention, shall, by 
Returns to be joint ballot fill vacancies in said committee ; and the school 
^^^^^' returns, signed by a majority of the committee thus consti- 

tuted, shall be equally valid as if signed by a majority of the 
committee originally chosen. 

Sect. 2. The convention provided for in section first 
shall be called by the remaining member or members of the 
said committee. 
Inconsistent acts Sect. 3. Tlic act entitled, " An Act concerning vacan- 
repeae . ^j^^ ^^^ Scliool Committces," approved May twcnty-fourtli, 

eighteen hundred and fifty-one, and all other acts or parts of 
acts, inconsistent with this act, are hereby repealed. 

Sect. 4. This act shall take effect from and after its 
passage. \_Appwved by the Governor, April 8, 1856.] 

Chcip. 102 "^^ -^^"^ ^^ addition to " An Act Suppressing Horse-Racing," approved on the 
-* * eighth day of April, in the year eighteen hundred and forty-six. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled., and by the authority of 
the same, as follows : 

Location, &c., of Sect. 1. No land shall, within any town or city of this 
ngpar s. Commonwealth, be laid out or used as a race ground or 
trotting park, for admission to which, of persons or property, 
any money or other valuable consideration shall be directly 
or indirectly taken or required, without the previous consent 
of, and location by the selectmen of such town, or the mayor 

Selectmen, &c., and aldcrmeu of such city, who shall also, at any and all 

may alter terms ,. , , • i , , i iii 

and conditions, tuucs, havc tfic right to rcguiatc and alter the terms and 
conditions under which the same shall be laid out, used, or 
continued in use, and to discontinue the same when, in their 
judgment, the public good so requires ; and no land within 
this Commonwealth shall be used for any of the purposes 
mentioned in the act to which this is in addition. 

Unlawful race Sect. 2. Evcry rac© ground or trotting park which shall 

deemVas°nui- bc established, laid out, used or continued in use, contrary 
to the provisions of this act, or the act to which this is in 
addition, is hereby declared a common nuisance, and shall 
be abated as such. 

Punishment for Sect. 3. All pcrsous owulug, keeping, using, or permit- 
ting to be used, any race ground or trotting park, contrary 
to the provisions of this act, or of the act to which this is 
in addition, or aiding or abetting therein, shall be guilty of 
misdemeanor ; and upon conviction thereof, shall be punished 
in the manner provided in the act to which this is in addi- 
tion. 



sances. 



violation, &c. 



1856.— Chapters 103, 104, 105. 53 

Sect. 4. This act shall take effect from and after its 
passage. [^Approved by the Governor, April 8, 1856.] 

An Act to incorporate the Jamaica Plain Athenaeum. CIlCip. 103 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloirs : 

Sect, 1. Stephen M.Weld, AVilliam P. Jarvis, Joseph corporators. 
W. Balcli, Melancthon Smith, their associates and succes- 
sors, arc hereby made a corporation by the name of the Name. 
Jamaica Plain Athenteum, for the purpose of establishing Purpose. 
and maintaining, in the town of West Roxbury, in the 
county of Norfolk, a lyceum, public library, reading-room, 
and hall for lectures on scientific and literary subjects, and 
for promoting such other kindred objects as the members of 
said corporation shall, from time to time, deem advisable 
and proper; with all the powers and privileges, and subject P"/i'.eges, re- 
to all the duties, liabilities and restrictions, set forth in the '^ ' ' 
forty -fourth chapter of the Revised Statutes. 

Sect. 2. The said corporation may hold for the purposes Re^i estate, 
aforesaid, real estate to the amount of twenty-five thousand per.sonai^e's- 
dollars, and personal estate to the amount of fifteen thou- '''*''' ®^^'^^°' 
sand dollars, and the whole capital stock of said corporation capital not to ex- 
shall not exceed the sum of forty thousand dollars. ceea«40,ooo. 

Sect. 3. This act shall take effect from and after its 
passage. l_Approved by the Governor, April 8, 1856.] 

An Act concerning the Middlesex Railroad Company. Ghfin 1 04 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloics : 

The time, within wdiich ten per cent, of the capital stock Time for payment 
of the Middlesex Railroad Company, is required to be paid *''''<"^'^®'^- 
in, by chapter four hundred and thirty-four of the acts of 
eighteen hundred and fifty-four, is hereby extended one year 
from the time now fixed by law. \_App7-oved by the Gov- 
ernor, April 8, 1856.] 

An Act concerning the Norfolk and Bristol Turnpike Corporation. Clufl) 105 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. So much of tlie act passed on the tenth day of Partial repeal. 
February, in the year eighteen hundred and three, as 



54 1856.— Chapter 106. 

authorizes and empowers the Norfolk and Bristol Turnpike 
Corporation to construct a highway within the present limits 
of the city of Roxbury, is hereby repealed. And said cor- 
poration are no longer authorized to receive any tolls on the 
road which they made under and by virtue of said act, with- 
in the city of Roxbury, or to claim any right or interest 
whatever in the soil and freehold of the land over which 
said road passes, witliin the city of Roxbury, and they are 
relieved from their obligations to keep the same in repair : 

Proviso. provided, that this act is not to interfere witli the right of 

.the county commissioners for the county of Norfolk, to lay 
out that part of said road as a common highway, and the 

Proviaed, also, said corporatiou are to claim no damages therefor ; and pro- 
vided, also, that this act shall not be interpreted to interfere 
with the present right of said corporation, to collect toll on 
the remaining portion of their road. 

New road may be Sect. 2. Wlicuever tlic rcst of said turnpike is discon- 

substituted on ,. i i \ i i i • i , i ji , • • 

discoutiuuance tmucd, abandoned, or laid out by the county commissioners, 
tkjrof'turnpiia". ^^^^ ^li^ I'O^t^ Contemplated by the plan of William A. G-ar- 
bett, over land of Franklin Weld and others, in West Rox- 
bury, and over the Boston and Providence Railroad, in said 
town, near the Forest Hills station, is completed, all the 
present road between the southern and northern termini of 
the new road in said town may be discontinued, and the 
new road, laid out on the plan of said Garbett, may be sub- 
stituted therefor. \_Ap)pruved bij the Governor, April 14, 
1856.J 



Ohctp. 106 An Act to incorporate the Gardner Library Association. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Cliarlcs C. Tcmplc, Charles C. Hall, George A. 

Haynes, and Frank S. Hall, their associates and successors, 
Name. arc licreby made a corporation by the name of the Gardner 

Purpose. Library Association, of Dorchester Lower Mills, for the pur- 

poses of moral and mental culture, the establishing and 
maintaining a library, the encouragement of the arts 
Privileges, re- aiid sciciices, aud for charitable uses ; with all the powers 
gtnctions, &c. ^^^^ privilcgcs, aiid subject to all the duties, liabilities and 
restrictions, set forth in the forty-fourth chapter of the Re- 
vised Statutes. 
Real and personal Sect. 2. Tlic Said copporatiou may liold rcal cstatc to ail 
estate, $20,000. ai^iQ^^j^t iiot cxcecding ten thousand dollars, and personal 
How appro- cstate to ail amount not exceeding ten thousand dollars, to 
priated. ^^ appropriated to the purposes aforesaid. 



1856.— Chapters 107, 108. 55 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, April 14, 1856.] 

An Act in addition to an Act to extend Albany Street, in the City of Boston. Chap. 107 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The city of Boston is hereby authorized to Extension of 

. Stl*G6t 

extend Albany Street to, and connect the same with, any ' 
bridge that may be constructed in pursuance of "An Act to 
extend Albany Street, in the city of Boston," passed on the 
nineteenth day of March, one thousand eight hundred and 
fifty-five, and also to take, fill up and grade, such land 
(wliether covered by water or otherwise) as may be neces- 
sary for that purpose : provided, that such extension of said Proriso. 
street shall not affect any rights of the Commonwealth in 
the land over which said street may be extended, nor the 
rights of any corporation now existing, nor the rights of any 
private individual. 

Sect, 2. This act shall take effect from and after its 
passage. \_Approved by the Governor, April 14, 1856.] 

An Act relating to Lunatics and Idiots. Chap. 108 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect.. 1. When it shall be made to appear, on application justices, &c., 
in writing, to any two justices of the peace, one of whom SnTn^onu- 
shall be of the quorum, or to any police court, that any per- hospital!' ^'^*° 
son, being within the jurisdiction of said justices or court, 
and having no known settlement within this Commonwealth, 
is a lunatic or insane, such justices or court are hereby 
authorized to order the confinement of such person in one 
of the State lunatic hospitals, instead of any county recep- 
tacle, or other coimty institution. 

Sect. 2. The superintendent of either of the State superintendent, 
lunatic hospitals, with the consent of the trustees of said persmrcommu- 
hospitals, may, at any time, send any persons committed to ^"^^'"^'^'^ '''"■^' 
said hospitals by any justices or court, by virtue of this act, 
or any other act of this Commonwealth, having no known 
settlement in this Commonwealth, to either of the State 
almshouses, there to be supported, employed and governed, 
in the same manner as are persons sent to said almshouses 
by overseers of the poor. 

Sect, 3. When it shall be made to appear, on application, 



aouse. 



56 1856.— Chapter 109. 

Justices, &c.. in writing, to any two justices of the peace, one of whom 
to'^state Lims- shall bc of the quorum, or to any police court, that any 
house. person within the jurisdiction of said justices or court, and 

having no known settlement in this Commonwealth, is idiotic, 
and ought to be confined, said justices or court are hereby 
authorized and required to send such person to the nearest 
State almshouse, there to be supported, governed and em- 
ployed, in the same manner as are persons sent to said 
almshouses ))y overseers of the poor. 
Support of luna- Sect. 4. All pcrsous committcd to either of the State 
state hospitals, luuatic liospitals, as provided in the first section, shall be 
supported at the expense of the Commonwealth : provided, 
if, at any time, it shall be ascertained that any of said per- 
sons have a settlement iii any city or town in this Common- 
wealth, or any kindred obligated by law to maintain them, 
the treasurers of said hospitals may recover the expense of 
the support of said persons, in the manner provided in like 
cases in chapter forty-eight of the Revised Statutes. 
Support of per- Sect. 5. If it sliall be at any time ascertained, that an}^ 

sons committed • , i t i -ii o l^ ojj i t 

to State alms- pcrsous Committed to either oi the State almshouses, as pro- 
house, vided in sections two aird three, have a settlement in any 
city or town in this Commonwealth, or have any kindred 
obhgated by law to maintain them, the inspectors of said 
almshouses may recover from said cities or towns, or from 
said kindred, all expenses that may have accrued for the 
support of the persons committed to said almshouses, as 
aforesaid. 
Officers' fees, &e. Sect. 6. lu aiiy casc that may arise under this- act, all 
magistrates and other officers, and all witnesses, shall receive 
the same fees and compensation for services performed, and 
for attendance and travel, as are allowed by law for like ser- 
vices in criminal proceedings, to be taxed, allowed and paid 
in the same manner. 
inconsLstent acts Sect. 7. All actB aiid pai'ts of acts, inconsistent with 
this act, are hereby repealed. 

Sect. 8. This act shall take effect from and after its 
passage. {^Apjiroved h// the Governor, April 14, 1856.] 



repealed. 



Chau 109 -^^ '^^^ ^^ addition to an Act to incorporate the East Boston Free Bridge. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

City authorized Sect. 1. Thc city of Bostou is hcrcby authorizcd to pui'- 
bridgr''&r chase the bridge which the East Boston Free Bridge Cor- 
poration were authorized to ))uild, by tlie act to which this 



1856.— Chapters 110, HI. ^ 57 

is in addition, and also any other property of said corpora- 
tion, to hold and maintain tlie same for the purposes named 
in said act. 

Sect. 2. The city of Boston is hereby authorized to 
construct such guards or piers, as the safety of said bridge 
may require. 

Sect. 8. This act shall take effect from and after its 
passage. [^Approved by the Governor, April 14, 1866.] 



An Act to incorporate the Salisbury Mills. CJlCip. 110 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the anthority of 
the same, as folloivs : 

Sect. 1. William D. Pickman, Francis B. Crownin- corporators, 
shield, William T. Eustis, their associates and successors, 
are hereby authorized to organize a corporation by the name 
of the Salisbury Mills, for the purpose of manufacturing Purpose. 
woollen and cotton goods in the towns of Salisbury and 
Amesbury, in the countv of Essex, with the riaht tu hold ^f 'ai^Jpfrsouai 

•'' •■ '- ^j.i^j.1 estate, Sl.OOO.- 

real and personal estate necessary and convenient tor the ooo. 

purposes aforesaid, not exceeding in amount one million 

dollars ; and with all the powers and privileges, and subject rnviieges, re- 

• strictiOQS &c< 

to all the duties, restrictions and liabilities, set forth in the 
one hundred and thirty-third chapter of tlie acts of the 
year eighteen hundred and fifty-ono, and the several acts 
in addition thereto, except so much of said acts as limits 
the capital stock of such corporations to five hundred thou- 
sand dollars. 

Sect. 2. This act shall take effect from and after its 
passage. \^Approved by the Governor, April 14, 1856.] 



An Act to authorize John Gary to extend his Wharf. Chd)). Ill 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

John Gary, proprietor of a wharf situated in Charles- wharf in charies- 
town, on the easterly side of Mystic River, and on the *°'*"" 
southerly side of Maiden Bridge, is hereby authorized to 
extend and maintain his wharf, not exceeding its present 
width, towards the channel of Mystic River as far as tlie 
eighth pile pier of Maiden Bridge, from the abutment 
thereof, being about ninety-six feet from the end of his 
present structure ; and he shall have the right to lay vessels nights, &e. 
at the end and sides of said wharf, and receive wharfage 
and dockage therefor : provided, howeiwr, that this grant Proviso. 



tber 



58 1856.— Chapter 112. 

shall not be construed to extend to any flats or land lying 
in front of the flats of any otlier person or of any corpora- 
tion, or wliicli would be comprehended by the true lines of 
Pi-ovided, fur- sucli flats coutiuucd ; SLiid provided, further, that the wharf 
hereby authorized to be constructed, shall be built on piles, 
which piles shall not be nearer to each other, than six feet 
in the direction of the stream, and in a transverse direction 
shall be in a line with the pile piers of Maiden Bridge, and 
that this act shall in no wise impair the legal rights of any 
person or corporation whatever ; and provided, also, that 
said Gary shall remove so much of the timbers and stones, 
which constitute the landing of the old ferry, formerly 
known as Penny Ferry, as are outside of the line to which 
he is by this act authorized to extend his wharf. \_Approved 
by the Governor, April 16, 1856.] 

Chop. 112 -^^ -^^"^ "^ further addition to "An Act to establish the City of Cambridge." 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloics : 

Choice of asses- Sect. 1. The city couucil is hereby authorized to elect, 
sow and assist- -j^y jq^j^^^ ballot, iu couventiou, three persons to be assessors, 
one from each ward, who shall hold their offices for the 
term of three years, and until their successors are chosen 
and qualified ; and such number of assistant-assessors as 
the city council may, from time to time, determine, who shall 
hold their offices for the term of one year. 
Terms of office, ^ECT. 2. At the first clcction uudcr this act, which shall 
&c. ^ ^ ' be in January, in the year one thousand eight hundred and 
fifty-seven, three assessors shall be chosen, and the term of 
their office shall be determined by lot by the mayor and alder- 
men ; one of the assessors so chosen shall remain in office 
until January, one thousand eight hundred and fifty-eight ; 
the second shall remain in office until January, one thousand 
eight hundred and fifty-nine ; and the third shall remain in 
office until January, one thousand eight hundred and sixty ; 
after which first election, one assessor shall be elected dur- 
ing the month of January in each year, who shall hold his 
office for the term of three years. 
Vacancies, how Sect. 3. Wliencver a vacaucy shall exist in the board 
of assessors or assistant-assessors, by neglect or refusal to 
serve, by death, resignation or any other cause, the city 
council shall, in like manner, fill the same as soon as may 
be after knowledge of the existence of such vacancy. 

Sect. 4. The city council shall also, in the month of 



filled. 



1856.— Chapter 113. 59 

January, annually, in convention, fill all vacancies that may vacancies in 
exist in the board of overseers of the poor or school com-s'°e"')&c.°how 
mittee, by reason of a failure to elect by the inhabitants at^^*"^' 
their annual meeting. The candidates for filling such vacan- 
cies shall be determined in the manner provided in the con- 
stitution of the Commonwealth for filling vacancies in the 
State senate. All subsequent vacancies in either of said 
boards of officers, arising from a neglect or refusal to serve, 
by death, resignation or any other cause, may be filled by 
the city council, in like manner, from the citizens at large. 

Sect. 5. All acts and parts of acts, inconsistent with inconsistent acts 
the provisions of this act, are hereby repealed. repeaie.1. 

Sect. 6. This act shall be void unless the inhabitants of Act void unless, 
the said city of Cambridge, at a legal meeting called for that 
purpose, shall, by a majority of the voters present, and votino- 
thereon by ballot, determine to adopt the same. \_Approved 
by the Governor, April 15, 1856.] 

An Act concerning the Observance of Certain Days. Ch^n 1 IS 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. There shall be no sessions of the general court Public business 
of Massachusetts, for the transaction of ordinary business, cemin^'^days'! 
and no sessions of the courts of this Commonwealth for the 
trial of causes upon the days herein specified, viz. : — The 
annual Thanksgiving and Fast days, Christmas day, the 
twenty-second day of February, and the twenty-third day of 
February wdien the tweiit^^-second occurs on Sunday; the 
fourth day of July, and the fifth day of July when the fourth 
day occurs on Sunday : and all the public offices shall be 
closed upon the said days. 

Sect. 2. All bills of exchange, drafts and promissory Payment of 
notes or contracts whatsoever, that shall be due and paya- '^''^"^' ^'^' 
blc, or to be executed upon the aforesaid days, or upon 
Sundays, shall be payable or performable upon the business 
day next preceding said days ; and, in case of non-payment 
or non-fulfilment, may be noted and protested upon such 
preceding day: provided, that it shall not be necessary lor Proviso, 
the holder or holders of such obligations aforesaid, to give 
notice of the dishonor, non-paymentor non-fulfilment thereof, 
until the business day next following the days above speci- 
fied ; and all notices so given shall be valid and eifectual to 
all intents and purposes. 

Sect. 3. The one hundred and eighty-second chapter of Acts repealed. 



60 1856.— -Chapters 114, 115. 

the statutes of one thousand eight hundred and thirty-eight, 
and the ninety-first cliapter of the statutes of one thousand 
eight hundred and fifty-five, are hereby repealed. [Approved 
by the Governor, April 15, 1856.] 

Chap. 114 A.N Act concerning tlie Boston, Barre and Gardner Railroad Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Conrt assembled, and by the authority of 
the same, as folloivs : 

Tirae for con- Sect. 1. The time allowed to the Boston, Barre and 
extendedtojiiiy Gardner Railroad Corporation, for constructing their rail- 
1, 1857. road, is hereby extended to the first day of July, in the 

year one thousand eight hundred and fifty-seven. 
Time for estimat- Sect. 2. Tlic time withiu which application may be 

ing damages ex- i , ,, , . . x x- x J X- 

tended three made to the couuty commissioners, to estimate damages tor 
■'''^'^' land or property taken by said railroad corporation as pro- 

vided in the Revised Statutes, is hereby extended for three 
years from knd after the passage of this act, notwithstand- 
ing the said corporation may have heretofore filed the loca- 
tion of their railroad. \_Approved by the Governor, April 
15, 1856.] 

Ohctp. 115 •^^ ■^'^^ *° incorporate the Fall River Athenaeum. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Corporators. Sect. 1. Phiiicas W. Lclaiid, Foster Hooper, Benjamin 

Earl, their associates and successors, are hereby made a cor- 

Name. poratiou by the name of the Fall River Atiien^um, to be 

established in the city of Fall River, in the county of Bris- 

Purposo. tol, for the pvirpose of maintaining a library, advancing the 

useful arts and sciences, and for the preservation of objects 

Privileges, re- of art and natural history ; with all the powers and privi- 
lons, 'c. jggQg^ jj^j^^ suljject to all the duties, restrictions and liabili- 
ties, set forth in the forty-fourth chapter of the Revised 
Statutes. 

fstatr^^lso^ooo- Sect. 2. Said corporation may hold real and personal 

how appropri- ' cstatc to au amouut not exceeding thirty thousand dollars, 
to be appropriated exclusively to the purposes set fortli in 
section first of this act. [^Approved bij the Governor, April 
15, 1856.] 



ated 



1856.— Chapters 116, 117. 61 

An Act concerning the Registry of Deeds in the Town of Littleton. CJlCll). 116 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the at/thority of 
the same, as folloirs : 

Sect. 1. The town of Littleton, in the county of Middle- Deeds, &c., in 
i-cx, is hereby set off to the northern district in said county, J'ecor^iea' in ^* 
for the registry of deeds ; and all deeds, conveyances, and Lowell. 
other instruments therein, now required by law to be re- 
corded in Cambridge, shall hereafter be recorded in the 
office for the registry of deeds at Lowell, in said district. 

Sect. 2. This act shall take effect on and after the first vvhen to tak» 
day of June, in the year one thousand eight hundred and 
fifty-six. [Approved by the Governor, April 15, 1856.] 



An Act to incorporate the Trustees of the Worcester District Methodist Epis- (^hfivt 117 
copal Church Camp-Meeting Association. -t ' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Jonathan D. Bridge, of Wilbraham, Daniel E. corporators. 
Chapin, of Lowell, J. C. Lane, of Leominster, William H. 
Thurston, of Oxford, and George M. Buttrick, of Barre, 
their associates and. successors, are hereby made a corpora- 
tion by the name of the Worcester District Methodist Epis- ^'^roe. 
copal Church Camp-Meeting Association; with all the Privileges, ^re 
powers and privileges, and subject to all the duties, 
restrictions, and liabilities set forth in the forty-fourth chap- 
ter of the Revised Statutes of this Commonwealth. 

Sect. 2. Said corporation shall have power to receive, corporation to 
hold and manage all the property, real and personal, belong- ty^'JfaSodXa. 
ing to said association ; and any gift, grant, bequest or do- Gifts, grants. 
nation, that may be made to them for the benefit of said iQ^'^rug^^'^&e'^ 
association, shall be held in trust for the support and main- 
tenance of the camp-meeting, under the direction of said 
association : provided, the amount tiiereof shall not exceed Proviso. 
five thousand dollars. 

Sect. 3. The number of trustees of the aforesaid associa- Number of trus- 
tion shall, at no time, be less than five, or more than nine, a ^^'^^' 
majority of whom shall constitute a quorum for doing 
business; and all vacancies that may occur by death, or vacancies, how 
otherwise, shall be filled by the preachers and tent-masters ^'"'^' 
of said camp-meeting, at the annual meeting. 

Sect. 4. This act shall take effect from and after its 
passage. [^App7'oved by the Governor, April 15, 185(5.] 



6S 1856.— Chapter 118. 

Chcit) 118 An Act to provide for the election of a Register of Deeds for the County of 
^' Suffolk. 

Be it enacted by the Senate and House of Representa- 
tives^ in General Court assembled^ and by the authority of 
the same, as follows : 

Election of regis- Sect. 1. Oil tliG fourtli Moiiclay of April, in the year one 
Suffolk cotfnt/"'' thousand eight hundred and fifty-six, there shall be chosen 
by the qualified voters in the county of Suffolk, a suitable 
person, being a resident of said county, to be a register of 
deeds therefor, who shall hold his said office' until the annual 
election which will be in the year one thousand eight hun- 
dred and fifty-eight, and until another shall be chosen and 
qualified in his stead, and no longer. 
Future elections. Sect. 2. At tlic aniiual clectiou ill the year one thou- 
sand eight hundred and fifty-eight, there shall be chosen in 
the manner aforesaid, a suitable person, being a resident 
in said county, to be register of deeds therefor, who shall 
hold his said office on the same terms and for the same 
length of time as registers of deeds who shall be elected in 
the other counties in this Commonwealth (except Nantuck- 
et) under the provisions of chapter ninety-two of the acts of 
the year one thousand eight hundred and fifty-five, entitled, 
" An Act concerning the election of County Treasurers and 
Registers of Deeds." And thereafter, the register of deeds 
in said county of Suffolk shall be chosen and shall hold his 
office in the same manner as if said county of Suffolk had 
not been excepted from the operation of the act aforesaid. 
Duty of town ami Sect. 3. Tlic officcrs of thc several wards, and the city 
cityofBrcrs. derk of thc clty of Boston, and the selectmen and the town 
clerks of the several towns in said county of Suffolk, shall 
perform all the duties in respect to said election which would 
have been required of them under said act, had the county 
of Suffolk not been excepted from the operation thereof. 
Board of alder- Sect. 4. The board of aldermen of the city of Boston 
Bame °powJr 'as sliall, as to all mattcrs relating to said register of deeds, have 
siZers.Tc."""" the like powers and perform the like duties as are exercised 
and performed by county commissioners in other coun- 
ties, except that they shall within ten days after said elec- 
tion, examine the returns of votes given for said register of 
deeds, and certify the result in the form prescribed by law. 
Inconsistent laws Sect. 5. Tliis act shall take effect on and after its 
repealed. passagc, aiid all laws inconsistent herewith, are hereby re- 

pealed. ^Approved by the Governor, April 19, 1856.] 



1856.— Chapters 119, 120. 63 

Ax Act to authorize Augustus C. Carey to build a Wharf. Chap. 119 

Be it enacted by the Seriate and House of Representa- 
tives., in General Court assembled, and bij the authoritij of 
the same, as folloivs : 

Sect. 1. Augustus C. Carey is hereby authorized to build ^''^[^^i^^" 
and maintain a wharf extending from his lot of land, and 
adjoining land of Isaiah Rogers and Isaiah A. Rogers, in 
the town of Ipswich, one hundred feet; and shall have the Rights, &c. 
right to lay vessels at the end and sides of said wharf, and 
to receive wharfage and dockage therefor : provided, that Proviso. 
this grant shall not interfere with the legal rights of any 
person or persons. 

8ect. 2. This act shall take effect from and after its 
passage. [^Approved bij the Governor, April 19, 1856.] 

An Act to incorporate the Boston and Cape Cod Marine Telegraph Company. Chap. 120 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the aufJiority of 
the same, as folloivs : 

Sect. 1. George Marston, Henry Crocker, Silvanus B. oorporatoi-s. 
Phinney, Thomas Harris and A. J. I3aldwin, their associates 
and successors, are hereby made a corporation by the name 
of the Boston and Cape Cod Marine Telegraph Company, 
for the purpose of owning and maintaining the line of mag- Purpose. 
netic telegraph now erected from the city of Boston, along 
the line of the Old Colony and Fall River, and the Cape Cod 
Railroads, and thence to Chatham and Provincetown in the 
county of Barnstable ; and of constructing and maintaining 
an extension of the same to such other points on the south- 
ern shore of Massachusetts as may hereafter, by said corpo- 
ration, be deemed expedient ; with all the powers and Privileges, re- 
privileges, and subject to all the duties, restrictions and " ""^ '°''^' 
liabilities, provided in the statutes relating to telegraph com- 
panies, heretofore passed. 

Sect. 2. The said corporation shall have authority to '[liiy construct 
erect such telegrapli lines, under the rules provided by law, graph. 
in all the towns of this Commonwealth through which such 
lines may pass, and to sink submarine cables of wires in such 
places as may be necessary. 

Sect. 3. The certificate required to be filed by the third certificate to be 
section of the two hundred and forty-sev^enth chapter of the 
statutes passed in the year eighteen hundred and fifty-one, 
shall be filed by said corporation within ten days after the 
organization of the same, and the election of its officers. 

Sect. 4. The capital stock of said corporation shall be 



64 1856.— Chapters 121, 122. 

Capital stock, tliirtv thousaiid dollars, with the privilege of increasins; the 

gf30,000 ; may '' , ' , . ^ , ® . , ill? 

increase to saniG to aiiy suiB iiot exceeding seventy thousand dollars ; 
870,000. r^^^^^ g^j(j corporation may hold real estate not exceeding five 

thousand dollars in value. [^Approved by the Governor, 

April 19, 1856.] 



Chnn 1 91 •^^ '^^^ ^'^ prevent the evasion of the Laws for the Suppression of Lotteries. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court asseinbled, and by the authority of 
the s avi e, as fo II o ivs : 

Sections of chap. Sect. 1. The provisious of the first, second and third 
p?f tocertaiupe?" PGctious of tlic ouc luuidred and thirty-second chapter of the 
sons. Revised Statutes, shall be held to apply to every person who 

shall dispose of, or offer or attempt to dispose of, any real 
or personal property, under the pretext of a sale, gift or de- 
livery of any other property, or any right, privilege or thing 
whatever, with an intent to make the disposal of such real 
or personal }:)roperty dependent upon or connected with any 
chance by lot, dice, numbers, game, hazard, or other gam- 
bling device, whereby such chance or device is made an 
additional inducement to the disposal or sale of said prop- 
erty. 
Property liable to tSECT. 2. All sucli propcrty SO disposcd of, or offered to 
monwS^''°"be disposed of, shall be liahle to forfeiture to the Common- 
wealth, under the provisions of the eighth section of the same 
chapter. [^Approved by the Governor, April 19, 185(3.] 

Chnn 1 99 ^^ ^^"^ establishing a Probate Court in North Bridgewater, in the County of 
K^nap. \.Z4, Plymouth, and changing the time of holding the Probate Court at Middle- 
borough, in said County. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and. by the avthority of 
the same, as folloivs : 

Probate court es- Sect. 1. Thcrc shall bc a probate court held every year 
tabiished. ^j^ ^jj^ jj^p^ Tuesday in July, at North Bridgewater, in the 

Time for holding couuty of Piymouth ; and the probate court by law hereto- 
court changed, f^^p holdcu at Middlcborougli, in said county, on the first 
Tuesday of November, shall hereafter be holden at said Mid- 
dleborough on the last Tuesday of October, in every year. 
Inconsistent acts Sect. 2. All acts or parts of acts, inconsistent with this 
repealed. ^^^^ ^^,^ hereby repealed. 

Sect. 8. This act shall take effect from and after its 
passage. [^Approved by the Governor, April 19, 1856.] 



1856.— Chapter 123. 65 

An Act to punish Frauds in Officers of Corporations, and other persons. Chap. 123 

Be it enacted by the Senate and House of Representa- 
tives, in General Cov.rt assembled, and by the authority of 
the same, as follows : 

Sect. 1. Any officer, ag-ent, clerk or servant, of any cor- P"°>'i™o'^* fo' 

*' 'O 7 in. • -I- issuing certifl- 

poration or any other person, who shall issue, or sign, with in- cates of stock 
tent to issue, any certificate of stock in any coi'poration, beyond by\aw; 
the amount authorized by law, or limited by the legal votes 
of such corporation or its proper officers, or shall negotiate, 
transfer or dispose of, such certificate, with intent to de- 
fraud, shall be punished by imprisonment in the State prison 
for a term not exceeding ten years, or in the house of cor- 
rection for a term not exceeding one year. 

Sect. 2. Any officer, agent, clerk or servant, of any for fraudulently 
corporation, or any other person, who shall fraudulently ferring certia- 
issue or transfer any certificate of the stock of any corpora- &c!; °^ ^'°''^' 
tion to any person not entitled thereto, or shall fraudulently 
sign such certificate, in blank or otherwise, with tlie intent 
that it shall be so issued or transferred, by himself or nny 
other person, shall be punished by imprisonment in the 
State prison for a term not exceeding ten years, or in the 
house of correction for a term not exceeding one year. 

Sect. 3. Any officer, agent, clerk or servant, of any f"';'^*""* ''^« 

11111 />i • 111 entries, &c. 

corporation, who shall make any lalse entry in tlie books 
thereof, with intent to defraud, and any person whose duty 
it shall be to make in such books a record or entry of the 
transfer of stock, or of the issuing or cancelling of certifi- 
cates thereof, or of the amount of stock issued by such cor- 
poration, who shall omit to make a true record or entry 
thereof, with intent to defraud, shall be punished by impris- 
onment in the State prison for a term not exceeding ten 
years, or in the house of correction for a term not exceed- 
ing one year. 

Sect. 4. On the trial of any person for any offence under Books of corpora- 

.1. j.iiii £> !• , 1-1 1 tion admitted in 

this act, the books oi any corporation, to which such person evidence, 
had access, or the right of access, sliall be admissible in 
evidence. 

Sect. 5. Nothing in this act contained shall be construed civu rights, &c., 
to affect any civil rights or liabilities growing out of any '*° ** *' * • 
act or omission for which punishment is herein provided. 

Sect. 6. This act shall take effect from and after its 
passage. [Approved by the Governor, April 19, 1856.] 

9 



66 1856.— Chapters 124, 125. 

Chup. 124 A^N Act in relation to a Burying- Ground in the Town of West Roxbury. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as fulloivs : 

seiectraen to de- Sect. 1. That tliG Selectmen of the town of West Rox- 
bu^ i- g-gromid, bury be, and they hereby are, authorized and empowered to 
dertakera" '"' ""' pi'Di-Cfibc the Hmits, and to define what shall be the boun- 
daries within which the dead shall be interred on the land 
owned by the Reverend Patrick O'Beirne, upon which land 
said O'Beirne was authorized to establish a burying-ground 
by the city of Roxbury, in the year of our Lord one thou- 
sand eight hundred and forty-nine ; and the said selectmen, 
after establishing said limits, are authorized to appoint un- 
dertakers for said burying-ground : and the said burying- 
ground shall be under the same laws, regulations, restrictions 
and limitations, as apply to other burying-grounds in this 
Commonwealth. 
Authorized to lay !<ECT. 2. ' The coun ty Commissioners for the county of 
out highway. Norfolk, Or the selectmen of the town of West Roxbury, 
are herel)y authorized and empowered to lay out a highway 
across the land above described, of the said O'Beirne, agree- 
ably to the plan of said highway, described in a plan drawn 
by William A. Garbett, under date of May twenty-fifth, 
eighteen hundred and fifty-five, if they shall judge public 
convenience requires said highway, upon awarding to said 
O'Beirne such damages as they who lay out said highway 
Appeal. may adjudge to be reasonable, the award to be subject to 

the same appeal as is authorized in other awards for land 
damages. 

!Sect. 8. This act shall take effect from and after its 
passage. [^Approved by the Governor, April 19, 1856.] 

Chctp. 1 25 ^^ ■^'^'^ relating to Lists of Jurors. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Lists of jurors to Sect. 1. The lists of jurors, required by law, shall be 

post^d!'^'''^ ^^^ carefully prepared and revised once in each year, and posted 

up in public places, in the town or city, by the selectmen, 

or the mayor and aldermen of tlie several towns or cities for 

which they are prepared, ten days, at least, before they are 

to be submitted for revision and acceptance. 

Common courriis Sect. 2. The Hsts of jurors, now required to be prepared 

power'^town^^ by the mayor and aldermen of cities, shall be submitted to 

their respective common councils, which councils shall exer- 



1856.— Chapter 126. 67 

cise the same power to revise and accept them, that is exer- 
cised by towns. 

Sect. 3. The one hundred and sixty-seventh chapter of Act repealed. 
the statutes of the year one tliousand eight hundred and 
fifty-five, is hereby repealed. 

Sect. 4. Tliis act shall take effect from and after its 
passage. [Approved by the Governor^ April 21, 1856.] 

An Act in addition to an Act to incorporate the Bank of Mutual Redemption. Ckcin. 126 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The act to which this is in addition, is hereby Act amended. 
amended, as follows : The purpose for which said bank is 
incorporated, is for redeeming the bills of New England 
banks. Tiie stock of said bank shall be subscribed and held sub.=;criptioT)s to 
only by the banks in the New England States ; and the sev-*^*^''"^ ''°'^'' 
oral banks in this State are authorized to subscribe to said 
stock by a vote of their directors : provided, that no bank Proviso. 
shall be authorized to subscribe to said capital stock to an 
amount exceeding five per cent, of the capital of said bank 
actually paid in, nor exceeding the sum of twenty thousand 
dollars. 

Sect. 2. Whenever five hundred thousand dollars shall ^^ea to organ- 
have been subscribed as aforesaid, said bank may proceed to 
organize : provided, it shall not commence business until Proviso. 
the sum of one million dollars shall have been subscribed, 
and one-half of the amount paid in. 

Sect. 3. Any stockholder in any bank which is the owner Eligibility of di- 
of stock in said bank of Mutual Redemption, siiall be eligi- '^°'^'°'^^" 
ble as a director: provided, that at least three-fourths of the Proviso. 
directors shall be inhabitants of this State, and all of them 
inhabitants of the New England States. 

Sect. 4. Said bank shall not issue bills of less denomi- issue of biiis. 
nation than five dollars, and shall be subject to the same 
restrictions, and entitled to the same privileges, except as is 
provided in the act to incorporate the bank of Mutual 
Redemption, and in this additional act, as the banks in this 
Commonwealth. 

Sect. 5. No individual shall, at any time, be debtor to Debtors limited. 
said bank to an amount exceeding sixty thousand dollars. 

Sect. 6. The amount of circulation shall never exceed, circulation. 
for more than three consecutive days, three times the amount 
of specie held by said bank. 

Sect. 7. Said bank shall always show in its weekly wcewy returns 



68 



1856.— Chapter 127. 



Branch track in 



Botindaries. 



to »how 10 per retum, at least ten per cent, of its capital stock paid in, in 
een .pai in, c. (,^^j.^,gj^^ g^j^j ^j. gQygp qq^j^ . ^nd it sliall be the duty of the 

bank commissioners, should said bank violate this provision, 
to apply to the nearest judge of the supreme judicial court, 
for an injunction on said bank. 
^°'oMrep°eaied°' ^ECT. 8. Such parts of the provisions of the act to which 
this is in addition, as are inconsistent herewith, are hereby 
repealed. 

Sect. 9. This act shall take effect on and after its 
passage. \^Approved by the Governor, April 24, 1856.] 

Chap. 127 An Act to authorize the Boston and Lowell Railroad Corporation to establish 
an additional Branch Track of their Railroad, in the City of Lowell. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The Boston and Lowell Railroad Corporation 
are hereby authorized and empowered to locate, construct 
and maintain, a branch of their railroad, not exceeding 
twenty feet in width, in the city of Lowell, as follows : — 

Beginning on the main track of their railroad on Button 
Street, at a point northerly of the bridge over the Merri- 
mack Canal, so called, at the intersection of Market Street 
with said Button Street, and thence running and curving to 
the right, across the said canal, into and across the " Grove 
Lot," so called, to Shattuck Street; thence across said Shat- 
tuck Street at right angles, or nearly so, into a passage-way 
or alley, between Market and Middle Streets ; thence down 
said alley to the end thereof, and thence in the same direc- 
tion to the east side of a cross alley-way, in rear of the 
building erected by Amos B. French, on land of Jonathan 
Tyler. 

Sect. 2. Said corporation shall not charge for freight 
between other railroads and said branch, higher rates than 
they shall charge for freight of the various manufacturing 
companies between such other railroads and existing branch 
railroads in Lowell, owned by said Boston and Lowell Rail- 
road Corporation ; and other railroad corporations, whose 
railroads terminate in Lowell, shall have all reasonable and 
proper facilities and dispatch, in the use of said branch 
hereby authorized. 

Sect. 3. Said corporation shall, with respect to the branch 
hereby authorized, be subject to all the duties, liabilities and 
restrictions, and have all the powers and privileges, provided 
in the thirty-ninth chapter of the Revised Statutes, and in 
all general laws which are now, or may be hereafter, in 



Freight. 



Subject to gene- 
ral laws, &c. 



1856.— Chapter 128. 69 

force, relating to railroad corporations in this Common- 
wealth, 

Sect. 4. The motive power used by the said corporation, Motirepowpr and 
upon the aforesaid branch, and the rate of speed thereon, ^^^^'*' 
may be regulated and controlled by any ordinance of the 
city of Lowell : provided, that in no case shall steam be 
used as a motive power upon said branch. And the mayor 
and aldermen of said city of Lowell may have and exercise, 
in respect to the said brancli, all the powers given to 
county commissioners, by the two hundred and seventy-first 
chapter of the statutes of the year eighteen hundred and 
forty-six, and by the tliree hundred and fiftieth chapter of 
the statutes of the year eighteen hundred and fifty-five. 

Sect. 5. Any bridge or other structure Avhich the said T^ate™ of cacai 
corporation may erect over said Merrjmack Canal, for said atructed. 
branch track, shall be so erected and constructed, as not to 
obstruct or impede the flow of the waters in and along said 
canal. 

Sect. 6. This act shall take effect from and after its 
passage. [^Approved by the Governor, April 24, 1856.] 



Ax Act to incorporate certain persons by the name of the Margaret Coffin Qhnri 198 
Prayer Book Society, ' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled., and by the authority of 
the same, as folloivs : 

Sect. 1. That E. M. P. Wells, Annie S. Robbins, and corporator*. 
Elmira Tarbell and their associates, be, and they hereby are, 
made a body politic and corporate, under the name of the 
Margaret Coffin Prayer Book Society, for the purpose of^'^rpose. 
procuring, circulating, and distributing the book of common 
prayer, according to the use of the Protestant Episcopal 
Church in the United States of America, to such extent and 
in such edition or editions thereof as they may cause to be 
printed on their account, or may otherwise lawfully procure; 
and such distribution may be gratuitous or at such price or 
prices as in each case said corporation may, under its by- 
laws, or by its officers, order and prescribe ; and said corpo- Privileges, r«- 
ration shall have all the powers and privileges, and be subject ''"'^ '°"^' 
to all the duties, restrictions and liabilities, set forth in the 
forty-fourth chapter of the Revised Statutes; and for thcMayhoidreaiand 
purposes aforesaid, tlie said corporation shall be, and ^^ p*^""^""*^ ^'***" 
hereby is, authorized to make purchases, and to receive 
gifts, grants, bequests or devises of real and personal estate, 
and to hold the same for the purposes aforesaid: provided, ptoxuo. 



70 1856.— Chapter 129. 

that the income of the real estate so granted or devised, 
together with tlie interest of the personal estate, shall not 
exceed the sum of five thousand dollars ; with full liberty 
and power to manage and dispose of or convey the same, 
and to change the investment of the same from time to time, 
as to said corporation shall appear fit. 
Anauai meetings. Sect. 2. The said Corporation shall hold its annual meet- 
ing at Boston, in the county of Suffolk, at such time in the 
year as shall by a by-law of the corporation be fixed for that 
purpose. \_Approved by the Governor, April 24, 1856.] 



ChctV. 129 -^^ ^'^^ ^'^ addition to an Act to incorporate the Congregational Society in the 
■* * Second Precinct in Attleborough. 

Be it enacted b/j the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : ' 

inTMtmentof Sect. 1. The CongTCgational Society in the second pre- 
cinct in Attleborough, are hereby authorized and empowered 
to invest the funds which now belong to said society, or may 
hereafter be acquired by them, in the purchase of the pews 
in the meeting-house in said second precinct ; and after the 
purchase of said pews, to appropriate any balance remaining 
in their hands, to the repair, alteration and improvement of 
said meeting-house, or to the rebuilding of the same, when- 
ProTiso. ever it shall be deemed necessary by said society : provided, 

however, that the said pews, so purchased, shall be rented 
at public auction or otherwise, and the income and proceeds 
thereof shall be appropriated to the support of a congrega- 
tional minister in said parish, according to the intent and 
provisions of the act to which this is an addition. 
Surplus, how ap- Sect. 2. Any surplus arising from the rents of said pews, 
propriated. after paying the stated salary of such minister aforesaid, 
shall be annually paid over, and returned to the trustees of 
said society, and by them received and put to interest, agree- 
ably to the provisions of said act of incorporation, and shall 
be suffered to accumulate till the same shall amount to the 
sum of four thousand dollars ; after which time the said 
society may appropriate the interest, or annual income 
thereof, or any part of the same, to the encouragement and 
improvement of church music, and to the payment of any 
incidental expenses of supporting public worship in said 
parish. 
Real estate not to Sect. 3. Said socicty shall be capable, in law, to pur- 
exceed $2o,ooc. (.jjage, hold aud dispose of a mcethig-house in said parish, 
and land on which the same may stand, and also a parson- 
age for the use of the ministry, and other real estate, not 



1856.— Chapters 130, 131. 71 

exceeding, in the whole, the value of twenty thousand dol- 
lars. 

Sect. 4. The conveyance of the present meeting-house Fonnerproce»d- 
and lot on which the same stands, heretofore made to said "''^'^* 
society, and the purchase by said society of any pews in said 
house, are hereby confirmed and made valid in law. 

Sect. 5. This act shall take effect from and after its 
passage. \_Approved by the Governor^ April 24, 1856.] 

An Act in relation to Appeals in Criminal Cases. Chcip. 130 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Police courts and justices of the peace ^l^^ll ^t""^"^,*'"'* °^ 
have the same authority to bind by recognizance, witnesses 
in criminal cases, in which an appeal is taken, as is now 
vested in them when a prisoner is admitted to bail, or com- 
mitted by the provisions of the one hundred and thirty-fifth 
chapter of the Revised Statutes. 

Sect. 2. This act shall take effect from and after its 
passage. [^Approved by the Governor, April 24, 1856.] 

An Act to authorize the Congregational Library Association, of Boston, to Qficin^ 131 
hold additional Ileal and Personal Estate. "' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. The Congregational Library Association, of Additional real 
Boston, is hereby authorized to hold real and personal estate tato. 
to the amount of one hnndred and fifty thousand dollars, in 
addition to the amount that said corporation is now author- 
ized by law to hold : provided, that no part of said amount 
shall be invested in real estate, except in the purchase of a Provuo. 
suitable site, and the erection or preparation of a suitable 
building, to be used for the purposes of said corporation, as set 
forth in the act of incorporation, passed April twelfth, in the 
year eighteen hundred and fifty-four. 

Sect. 2. This act shall take effect from and after its 
passage. {^Approved by the Governor, April 24, 1856.] 



72 



1856.— Chapter 132. 



Description of 
territory set oS. 



representatives. 



Chap. 132 An Act to set off a part of the Town of Braintree and annex the same to the 

Town of Quincy. 

Be it enacted by the Senate and House of Representa- 
tives ^ in General Court assembled^ and by the authority of 
the same, as folloivs : 

Sect. 1. So miicli of the town of Braintree, in the county 
of Norfolk, as lies northerly of a line, beginning at the pres- 
ent town bound, between the towns of Braintree and Quincy, 
in the channel on Fore River ; thence following the channel 
to the mouth of Hayward's Creek ; thence following in the 
centre of said creek to the centre of the bridge at the turn- 
pike ; thence following the creek to the culvert at Howard 
Street, being two hundred and seventy-one rods, more or 
less ; thence west, three degrees south, three hundred fifty- 
six rods, to a stone bound on Washington Street, between 
the said towns of Braintree and Quincy, with all the inhabi- 
tants and estates thereon, is hereby set off from the town of 
Braintree a^id annexed to the town of Quincy: provided, 
Unaltered as to Jiowever. that for tlic Durposc of electing representatives to 
the general court, to which the said town of Braintree is 
entitled, until the next decennial census shall be taken, in 
pursuance of the thirteenth article of amendment to the 
constitution, the said territory shall remain and continue to 
be a part of the town of Braintree ; and the inhabitants resi- 
dent therein shall be entitled to vote in the choice of such 
representatives, and shall be eligible to the office of repre- 
sentative in the town of Braintree, in the same manner as if 
this act had not been passed. 

Sect. 2. The said inhabitants and estates so set off 
shall be liable to pay all taxes, that have been legally assessed 
on them by the town of Brainti'ee, in the same manner as if 
this act had not been passed : and until the next general 
valuation of estates in this Commonwealth, the town of 
Quincy shall annually pay over to the said town of Braintree 
the proportion of any state or county tax, which the said 
town of Braintree may have to pay upon the inhabitants or 
estates hereby set off. 

Sect. 3. The said inhabitants and estates so set off shall 
be liable to pay their proportion of the existing town debt of 
the town of Braintree, according to the amount thereof at 
the time of the passage of this act ; the same to be assessed 
upon said inhabitants and estates in accordance with the last 
general valuation of estates in this Commonwealth : pro- 
vided, hoivever, that the same when assessed shall be col- 
lected by said town of Braintree, in three equal annual 
instalments, in the years eighteen hundred fifty-six, eighteen 



TaxM. 



To pay propor- 
tion of town 
debt. 



Proviso. 



1 85 6.--CH AFTER 133. 73 

hundred fifty-seven and eighteen liundred fifty-eight : and in 
order to fix the amount of said town debt, the selectmen of 
Braintree shall, on or before the first day of May next, take 
the amount due and owing by said town of Braintree, and 
deduct therefrom all sums of money, and notes and bills 
receivable, considered good, held by said town, and the bal- 
ance left shall be the amount of said debt, which shall, on or 
before said first of May next, be certified and sworn to by 
said selectmen, and filed with the town treasurer of said 
town of Braintree. 

Sect. 4. If any persons who have heretofore gained a legal support of pau- 
settlement in the town of Braintree, by reason of a residence ^^'^^' 
on the territory set off as aforesaid, or by having been pro- 
prietors thereof, or who may derive such settlement from 
any such resident or proprietor, shall stand in need of relief 
or support, as paupers, they shall be relieved and supported 
by the said town of Quincy in the same manner as if they 
had gained a legal settlement in that town. 

Sect. 6. The selectmen of the town of Quincy shall, an- Qaincy to furnish 
nually, until the next decennial census, fourteen days at 
least before the Tuesday next after the first Monday of No- 
vember, furnish to the selectmen of Braintree, a correct list, 
so far as may be ascertained from the records of the town of 
Quincy, or any of its officers, of all persons resident on the 
territory hereby set off, who shall be entitled to vote for rep- 
resentatives as aforesaid, in Braintree. 

Sect. 6. This act shall take effect from and after its 
passage. \_Approved by the Governor, April 24, 1856.] 

An Act concerning the Boston and Chelsea Railroad Company. Chci'D 133 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follovjs : 

The four hundred and forty-fifth chapter of the acts of Act amended, 
eighteen hundred and fifty-four, is hereby so amended, that 
the time fixed by the twelfth section thereof, shall be ex- 
tended to one year from the passage of this act. [Approved 
by the Governor, April 28, 1856.] 

10 



74 



1856.— Chapter 134. 



Boundary line 
established. 



Chap. 134 An Act establishing a new Boundary Line between Salem and South Danvers. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect, 1. The dividing line between the city of Salem 
and the town of South Danvers is hereby established and 
declared to be as follows, to wit : — Beginning at a point on 
the line between Danvers and South Danvers one 4iundred 
rods from the bound stone at Peters' Point, thence southerly 
in a straight line to a point on the southerly side of the 
Topsfield Road in a line with the north-westerly side of the 
house, now or formerly occupied by William Phelan ; thence 
on the southerly side of said Topsfield Road to the easterly 
corner of Highland Street ; thence on the easterly side of 
Highland Street to Tremont Street ; thence by the northerly 
side of Tremont Street to a point opposite the north-westerly 
corner of Harmony Grove Cemetery ; thence by said ceme- 
tery to the bound stone near the south-westerly corner 
thereof; thence by the creek to a point in a line with the 
easterly side of the old burial ground ; thence by said line 
and the burial ground to a point twelve feet easterly of the 
south-westerly corner of said burial ground ; thence south 
twenty-four and one-half degrees west, fifty-two rods fifteen 
links ; thence south-westerly in a straight line to a point in 
the line between Salem and Lynn where said line strikes the 
south-westerly side of Spring Pond, and all the inhabitants 
and estates on the territory east and south of said line are 
hereby set off from the town of South Danvers and annexed 
to the city of Salem, and all the inhabitants and estates north 
and west of said line are hereby set off from the city of Sa- 
lem and annexed to the town of South Danvers : provided, 
that the inhabitants and land thus set off shall be holden to 
pay all taxes heretofore assessed, in the same manner as if 
this act had not been passed ; and provided, further, that 
the inhabitants hereby set off from Salem, shall continue to 
be a part of Salem, and the inhabitants hereby set off from 
South Danvers, shall continue to be a part of South Danvers, 
for the purpose of electing state officers, senators and repre- 
sentatives to the general court, representatives to congress, 
and electors of president and vice-president of the United 
States, until the next decennial census shall be taken, or 
until another apportionment of representatives to the general 
court shall be made. 

Sect. 2. The inhabitants residing in that portion of the 
territory of South Danvers which is set off to Salem, shall 



Concerning 
taxes. 



Provision for 
choice of State 
and Federal offi- 
cers. 



Priyileges to Pea- 
body Institute. 



examining in- 
sane convicts. 



1856.— Chapters 135, 136. 75 

be entitled to all the privileges of the Peabody Institute, in 
South Danvers, in the same manner as if this act had not 
passed. 

Sect. 3. The city of Salem and the town of South Dan- support of pau- 
vers shall be liable, respectively, for the support of all persons ^"'' 
who now do, or may hereafter, stand in need of relief as 
paupers, whose settlement was gained by, or derived from, 
a settlement gained or derived within the limits of those 
portions of territory, which by this act are set off to said city 
and town. 

Sect. 4. This act shall take effect from and after its 
passage. [Approved by the Governor, April 30, 1856.] 

An Act in addition to an Act entitled, "An Act for the removal of Insane /^7 lot 

Convicts from the State Prison." yytiap. IdO 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The commission for the examination of convicts commission for 
in the State prison, alleged to be insane, provided for in the 
one hundred and twentieth chapter of the acts of eighteen 
hundred and forty-four, shall consist of the physician of the 
State prison, together with the superintendents, for the time 
being, of the State lunatic hospitals. , 

Sect. 2. So much of the one hundred and twentieth inconsistent acts 
chapter of the acts of eighteen hundred and forty-four, before '^p®^^®''- 
mentioned, to which this act is in addition, and all other acts 
and parts of acts, inconsistent herewith, are hereby repealed. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, April 30, 1856.] 

An Act in relation to ordering a Stay or Supersedeas of Executions. Chan 136 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Whenever, after the rendition of judgment in a civil Defendants peti- 
action, the defendant shall petition for a stay or supersedeas of°°exeraUon!'^o 
of the execution, before the ordering of said stay or super- s'^''""''^^"'^'*"^- 
sedeas, the petitioner shall give security to the satisfaction 
of the court, with condition that he will pay the amount of 
said judgment and interest thereon, unless it appears on the 
final judgment, in an action of review, that a less amount is 
due than that for which the original judgment was rendered ; 
and in that case, he shall pay the amount found due on said 
final judgment. [Approved by the Governor, April 30, 
1856.] 



76 1856.— Chapters 137, 138. 

Chap. 137 ^^ -^^'^ altering the Boundary Line between the Towns of Cambridge and 
Somerville, and annexing portions of each to the other. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follmcs : 

Boundary line Sect. 1. The dividiiig liiiG betweGii the towns of Cam- 
bridge and Somerville shall hereafter be as follows : — Begin- 
ning in Milk Row, (so called,) at a point, being twenty feet 
and eight inches distant from the point on Milk Row, where 
the land of Anna Hunnewell is divided from the land of Ben- 
jamin Rand, and thence running in a north-easterly direction, 
along the boundary line of said estates, there measuring 
from Milk Row two hundred and twenty-two feet and four 
inches, then turning at a right angle and running north- 
westwardly along the west side of a court until it strikes 
Cottage Street, (so called,) there measuring two hundred 
and ninety-six feet and six inches, then turning and run- 
ning along the southerly side of said Cottage Street, in a 
direction north of west, until it reaches Ehn Street, (so 
called,) there measuring three hundred and eight feet, until 
it intersects, on the westerly side of Elm Street, the line 
heretofore established between the said towns. 

Northerly side Sect. 2. All tlic territory and persons which are situated . 

brwg^^ ° ^™' on the northerly side of the above described line, are hereby 
set off from the said Somerville, and are annexed to said 

Southerly side Cambridge ; and all the territory and persons which are sit- 

e^ue*'^*°^°°'' uated on the southerly side of the above described line, are 
hereby set off from said Cambridge and annexed to said 
Somerville. 

Taxes. Sect. 3. All taxcs heretofore assessed upon the said 

territories, and upon the persons resident thereon, shall be 
collected in the same manner as if this act had not been 
passed. [Approved by the Governor, April 30, 1856.] 



Chan. 138 ^^ ^^^ concerning the Fitchburg Kailroad Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follovjs : 

Time for fiungio- Sect. 1. That the time fixed for filing the location of 
.„*;.„. ^extended ^j-^q railroad of the Fitchburg Railroad Company, and its 
branches, agreeable to the act authorizing the same, which 
act was approved by the governor the twenty-seventh day of 
April, in the year one thousand eight hundred and fifty-five, 
is hereby extended one year beyond the first day of April, 
in the year one thousand eight hundred and fifty-six. 



cations 



1856.— Chapters 139, 140, 141. 77 

Sect. 2. This act shall take effect from and after its 
passage. [^Approved by the Governor, April 30, 1856.] 



An Act in addition to an Act to establish the Dorchester and Milton Exten- Chcip, 139 

sion Railroad. 

Be it enacted by the Senate, and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

The time within which the Dorchester and Milton Exten- Time forming lo- 
sion Railroad Company is required to file the location of its one year. 
road, is hereby extended to the twenty-ninth day of April, 
eighteen hundred and fifty-seven. [^Approved by the Gov- 
ernor, April 80, 1856.] 

An Act to incorporate the Ladies' Charitable Association, at Haverhill. CJlClp. 140 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Ellen P. Minot, Sarah F. Gould, Sarah N. corporators. 
Smiley, Emeline Bradley, Sarah Palmer, their associates 
and successors, are hereby made a corporation by the name Name, 
of the Ladies' Charitable Association, at Haverhill, for the Purpose. 
purpose of taking, holding, investing and distributing, 
such funds as they now have, or may hereafter be given 
them, for the charitable and benevolent objects of their asso- 
ciation ; with all the powers and privileges, and subject to i'"7iiege3, re- 
all the duties, liabilities and restrictions, set forth in the 
forty-fourth chapter of the Revised Statutes. 

Sect. 2. Said corporation shall have power to establish ^"^'^^^ *''• 
such rules and regulations, for the management of their 
association, as a majority of the members may, from time 
to time, determine to be expedient and proper. 

Sect. 3. The funds of this association shall not, at any Fandsnotto ex- 
time, exceed twenty-five thousand dollars. *^^ '*' ' 

Sect. 4. This act shall take effect on and after its 
passage. \^Approved by the Governor, April 30, 1856.] 



An Act to reannex Chelsea to Boston. Chap. 141 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. All that territory now comprised within the Annexation. 
limits of the town of Chelsea, in the county of Suffolk, with 
all the inhabitants and estates therein, is hereby reannexed 
to the city of Boston, in said county, and shall hereafter be 



78 1856.— Chapter 141. 

considered and deemed to be a part of the city of Boston, 
except only as hereinafter provided. 
Territory trans- Sect. 2. Thc territory hereby transferred, with the 
tinuue a'rep""- inhabitants residing therein, shall continue to constitute a 
sentative district, fljj^g (J representative district for the election of representa- 
tives to the general court, and, for the purpose of send- 
ing representatives, shall continue to be a corporation ; and 
for this purpose and the purposes necessary therefor, but 
for none other, preserve and retain its corporate ex- 
Annuai meetings, istcncc. An annual meeting of the inhabitants of said 
territory shall be held in March or April, at which shall be 
chosen a town clerk and three selectmen, but no other offi- 
cers. It shall be the duty of the selectmen, so chosen, to call 
the annual meetings, and also all meetings for the election 
of town representatives, to decide on the qualifications of 
voters at such meetings, to receive the return of the votes 
cast, to certify the result, and to discharge all other duties 
respecting such annual meetings, and respecting the election 
of town representatives, in the same manner, and to the same 
Wcirrants. cxtcut, as sclcctmen of other towns now do. The warrants 

for all meetings, called in pursuance of this section, shall be 
signed by the selectmen, or a majority of them, and directed 
to some person or persons appointed by them for that pur- 
pose, who shall forthwith notify such meeting, by posting 
the same, or copies thereof, in twenty of the most public 
places in said town, at least fifteen days before the time of 
such election ; and in case of the neglect, refusal or inability 
of the selectmen to call any of the said meetings, any justice 
of the peace of the county, may, upon application to him in 
writing, by ten or more of the legal voters of said town, call 
such meetings, by a warrant under his hand, directed to one 
or more persons, who shall notify such meetings by posting 
the same, or copies thereof, in the same manner as is pro- 
vided in this section for warrants issued by the selectmen ; 
and the justice wdio shall have issued the warrant, shall pre- 
side at the meeting so called, and discharge all the duties, 
which the selectmen might have performed. At all meetings 
for the election of representatives, the qualified voters pres- 
ent, or a majority of them, may consider and decide whether 
they will choose representatives or not, and what number 
^j^ne for non-e)ec- they will scud. If by rcasou of the neglect to choose and 
adTcs. ^^^^^^^^ return members to the house of representatives, agreeably to 
the constitution, the said house shall impose a fine on said 
town or its inhabitants, the fine so imposed shall be assessed 
upon, and paid by, said town or its inhabitants, and the 
selectmen are hereby authorized to assess and collect said 



1856.— Chapter 141. 79 

fine. It shall be the duty of the selectmen, prior to every selectmen to post" 
annual meeting, and to every meeting for the election of ^"*' 
representatives, to make out and post lists of all the inhabi- 
tants of said town, qualified to vote at such meetings, in the 
manner in which selectmen and assessors are required to 
make out similar lists of voters ; and for that purpose, they 
shall have free access to the assessors' books and lists, and 
be entitled to the aid and assistance of the assessors, assist- 
ant-assessors and other ofiicers of the said city of Boston. 
It shall be the duty of the town clerk to record the votes Duty of town 
passed at the meeting at which he shall have been elected, '^''' 
and at the meetings for the election of representatives, and 
at any annual meeting ; but he shall discharge no other 
duties unless the same shall be necessary to carry out the 
provisions of this act. Whenever there shall be a vacancy 
in the office of town clerk, or the said clerk shall not be 
present, the selectmen shall call upon the qualified voters 
present to elect a town clerk, jJro tempore. All the duties 
of a town clerk, other than those above enumerated, shall be 
performed by the city clerk of the city of Boston. 

Sect. 3. The territory, hereby transferred, shall form a Ad'^'twnai ward 
separate and additional ward of said city, and shall so remain 
until the next alteration of ward limits, by the said city 
council, according to law ; and the ward so established shall 
be entitled to the same number of councilmen, school com- 
mittee-men, overseers of the poor, assistant-assessors, ward 
officers and all other officers not herein mentioned, as the 
other wards of the said city are now respectively entitled to. 

Sect. 4. The territory, so transferred, and the inhabitants Taxes, 
therein, and their estates, shall be liable for all taxes already 
assessed and not paid, and also all city, county and state 
taxes, that may hereafter be assessed on them by said town 
of Chelsea, before the first day of November next, in the 
same manner as they would have been liable if this act had 
not been passed. 

Sect. 5. All the public property of the said town t)f Public property 
Chelsea shall become, and is hereby declared to be, the 
property of the city of Boston ; and the town treasurer of 
Chelsea shall, under the direction of the selectmen of said 
town, transfer, deliver, pay over and account for, to the city 
treasurer of Boston, all books, papers, moneys, and other 
property in his possession as treasurer, on the first day of 
November next ; and the city of Boston shall thereafter be 
liable for the public debt of Chelsea. 

Sect. 6. This act shall be void, unless the inhabitants of Act to be void, 
the city of Boston, and town of Chelsea, respectively, quali- ' 



80 1856.— Chapters 142, 143. 

fied to vote in city or town affairs, shall accept the same, at 
a meeting to be called for that purpose within six months 
after its passage. And it shall be the duty of the board of 
aldermen of said city, and of the selectmen of said town, 
respectively, to warn meetings for said purpose, within the 
period aforesaid, upon the requisition of fifty qualified voters 
of their said city and town, respectively ; and the said meet- 
ings shall be held within thirty days after such requisition, 
and the meetings in said city may be either general or ward 
meetings ; and if, upon the return of the votes cast at such 
meetings, it shall appear that a majority of said votes in said 
city and town, respectively, are in favor of the acceptance of 
this act, then it shall be the duty of the mayor and aldermen 
of said city, and the selectmen of said town, to forthwith 
certify said returns to the secretary of the Commonwealth, 
who, if the mayor and aldermen of said city, and the select- 
men of said town, shall have certified to him in the manner 
aforesaid, shall, on the first day of November next, issue and 
publish his certificate, declaring this act to have been ac- 
cepted according to law. \_Approved hy the Governor, April 
30, 1856.] 

Chcip. 142 ^N Act relative to the House of Correction and Jail in the County of Ply- 
mouth. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as foUoivs : 

House of correc- Sect. 1. Thc housc of correctioii and jail in the county 
es°tabirshmen°.'^^ of Plymoutli, shall bc considered one establishment, and 
taken to be within the meaning of section first of the elev- 
enth chapter of the acts of eighteen hundred and forty-six. 
Sect. 2. This act shall take effect from and after its 
passage. \^Approved by the Governor, April 30, 1856.] 

Chcip. 143 An Act changing the Line between the Towns of Uxbridge and Northbridge. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Boundary line es- Seot, 1. That tlic followiug dcscribed liuc shall liere- 
tabiished. ^i-^gj, jl^g ^ pg^j.^ q£ ^i^g dividing line between the towns of 

Uxbridge and Northbridge, to wit : — Beginning at a stone 
monument, at the point where the lines between the towns 
of Uxbridge, Northbridge and Sutton meet ; thence south, 
sixty and one-third degrees east, about five hundred and 
fourteen rods, to the southerly line of said Northbridge ; 



1856.— Chapters lU, 145. 81 

and all of that part of said Uxbridge, which lies northerly of 
said line, with the inhabitants thereon, shall hereafter belono- 
to said Northbridge ; and all of that part of saidNorthbridge, 
which lies southerly of said line, with the inhabitants thereon, 
shall hereafter belong to said Uxbridge. 

Sect. 2. This act shall take effect from and after its 
passage. [^Approved by the Governor, April 30, 1856.] 

An Act to incorporate the Chebacco Library Association. ChttJ). 144 

Be it enacted hij the Senate and House of Representa- 
tives, in General Cowt assembled, and by the authority of 
the same, as follows : 

Sect. 1. John Prince, Oliver H. P. Sargent, Samuel P. corporators. 
Haskell, Andrew Howes, Charles Howes, Nathan Burnham, 
4th, Moses S. Andrews, Norman Story, John Howe Burn- 
ham, Aaron Low and Webster Howes, their associates and 
successors, are hereby made a corporation, by the name of Name, 
the Chebacco Library Association, to be established in the 
town of Essex, for the purpose of instituting and sustaining Purpose, 
a library and reading-room, and promoting public instruc- 
tion by lectures, or otherwise ; with all the powers and priv- Privileges, re- 
ileges, and subject to all the duties, liabilities and restric- ^ ™ '°'^*' 
tions, set forth in the forty-fourth chapter of the Revised 
Statutes. 

Sect. 2. The said corporation may hold real and personal Real and personal 
estate, for the purposes aforesaid, to an amount not exceed- ' ' 
ing ten thousand dollars. 

Sect. 3. This act shall take effect from and after its 
passage. \^Approved by the Governor, May 1, 1856.] 

An Act to incorporate the Eliot City Mission Society, of Roxbury. Ckcip. 145 

Be it enacted by the Senate and Hovse of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Henry Hill, A. C. Thompson, Alvah Kittredge, corporators. 
William W. Davenport, Benjamin Perkins, Hamilton A. 
Hill, E. B. Huntington and Oliver L. Gridley, their asso- 
ciates and successors, are hereby made a corporation by the Name. 
name of the Eliot City Mission Society, in the city of Rox- 
bury ; with all the powers and privileges, and subject to all Privileges, ra- 
the duties, liabilities and restrictions, set forth in the forty- ■'*"<="°''*' *'*'■ 
fourth chapter of the Revised Statutes. 

Sect. 2. Said corporation may hold real and personal Reai and personal 
estate to an amount not exceeding ten thousand dollars, for "''*'•'' ^I'^'O^'^- 
11 



82 



1856.— Chapters 146, 147. 



charitable purposes, and the promotion of religion and 
morality. 

Sect. 8. This act shall take effect from and after its 
passage. [Approved by the Governor, May 1, 1856.] 



Corporators. 



Name. 



Purpose. 



PriTileges, re 
strictions, &c 



ProTiso. 



Real and personal 

estate, $50,000. 



Chap. 146 -^^ ■^'^'^ ^° incorporate the American Hotel Company, in the North Village, 
■* * in Adams. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. A. W. Richardson, Joel Bacon, J. Q. Robin- 
son, 2d, their associates and successors, are hereby made a 
corporation, under the name of the American Hotel Com- 
pany, for the purpose of erecting a hotel in the North Vil- 
lage, in the town of Adams, and maintaining such public 
house, and the improvements connected therewith ; and for 
these purposes, shall have all the powers and privileges, and 
be subject to all the duties, restrictions and liabilities, set 
forth in the forty-fourth chapter of the Revised Statutes : 
provided, that said corporation shall not carry on the busi- 
ness of hotel-keeping, or be in any way interested in such 
business. 

Sect. 2. The whole amount of real and personal estate 
or capital stock, whicli said corporation may hold, for the 
purposes aforesaid, shall not exceed fifty thousand dollars in 
value. l_Approved by the Governor, May 1, 1856,] 

CJloy) 147 "^^ ^'"^ "^ relation to the Assessment of Taxes in the City of Lynn, in the years 
J^' one thousand eight hundred and fifty-three, and one thousand eight hundred 

and fifty-four. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The assessments of taxes, made by the assessors 
of taxes of the city of Lynn, for the years eighteen hundred 
and fifty-three and eigliteen hundred and fifty-four, are here- 
by confirmed, and the taxes, as assessed by said assessors for 
those years, are declared and made legal and valid. 

Sect. 2. No suit at law, or in equity, hereafter com- 
menced, so far as the cause thereof accrues from any irregu- 
larity or defect in the assessments of taxes for the years 
eighteen hundred and fifty-three and eighteen hundred and 
fifty-four, in and for said city of Lynn, shall be sustained, 
and this act may be shown in bar of any such suit, so far as 
the cause thereof accrues from any such irregularity or defect. 

Sect. 3. This act shall take effect from and after its 
passage. [^Approved by the Governor, May 1, 1856.] 



Assessment of 
taxes legalized. 



No suits to be 
sustained. 



1856.—CHAPTERS 148, 149. 83 

An Act to aid in the establishment of an Agricultural Department in West- Chcip. 148 

field Academy. 

Be it enacted by the Senate and House of Representa- 
tives^ in General Court assembled., and by the authority of 
the same, as follows : 

Sect. 1. The inhabitants of the town of Westfield, in s5,ooo for agri- 
town meeting assembled, and duly notified by warrant for ment!^^ ^^^'^'' 
that purpose, calling such meeting, are hereby authorized 
to vote and appropriate a sum of money not exceeding five 
thousand dollars, to be applied by the trustees of Westfield 
Academy, in the establishment of an agricultural depart- 
ment to be connected with said academy, upon such terms 
and conditions as may be expressed in said vote ; and they May issue bond*. 
may issue bonds of said town, bearing an annual interest 
not exceeding six per cent., and payable at a period not 
exceeding twenty years from the vote of the same, to be 
signed by the treasurer of said town, and countersigned by 
the chairman of the selectmen, which bonds shall be legally 
chargeable upon said inhabitants for the payment thereof. 

Sect. 2. Admission to said agricultural department Memborghip. 
shall be free to the inhabitants of said town upon such condi- 
tions as may be determined by a board of examiners, to be 
composed of the school committee of said town, and an 
equal number of the trustees of said academy. 

Sect. 3. This act shall take effect from and after its 
passage. {^Approved by the Governor, May 1, 1856.] 

An Act to Legalize the Assessment of Taxes in the Town of Stoughton, for QJicin, 149 
the year eighteen hundred and fifty-four. ^' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authoi'ity of 
the same, as folloivs : 

The assessments of taxes, made by the assessors of taxes Assessment of 
in the town of Stoughton, for the year one thousand eight ^^"^ ^^^^^ 
hundred and fifty-four, are hereby confirmed and made 
valid and legal, notwithstanding any irregularity on the 
part of the assessors, in omitting to make oath to their 
certificate, upon the assessors' book, as by law provided : 
provided, nevertheless, that nothing in this act contained Prorito. 
shall be construed to bar, or in any wise affect any suit at 
law already brought and now pending in any of the courts 
of this Commonwealth. [Appr-oved by the Governor, May 
3, 1856.] 



84 1856.— Chapters 150, 151, 152. 

Chap. 150 An Act relating to the Support of certain Inmates of the State Reform 
School for Boys, and the State Industrial School for Girls. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows: 

concernkig ex-^ Sect. 1. TliG Superintendents and trustees of the Reform 
person's commit- Scliool for Bojs, and of the State Industrial School for Girls, 
**'^' are here]\y authorized to exercise, at their discretion, the 

power vested in the keepers and overseers of houses of cor- 
rection in this Commomvealth, in the fifteenth and sixteenth 
sections of tlie one hundred and forty-third chapter of the 
Revised Statutes, in relation to the care and expense of sup- 
porting and employing persons committed to their several 
institutions. 

Sect. 2. This act shall take effect on and after its 
passage. \^Approved by the Governor, May 3, 1856.] 

Chcif). 151 ^^ -^'^'^ ^" relation to the Salary of the Physician and Surgeon of the State 
■* ' Prison. 

Be it enaxted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Salary of physi- Sect. 1. From and after the first day of April, in the 
year one thousand eight hundred and fifty-six, the salary of 
the physician and surgeon at the State prison shall be five 
hundred dollars annually, which sum shall be paid in quar- 
terly payments, by the warden, out of the treasury of the 
prison. 
Inconsistent acts Sect. 2. All acts and parts of acts, inconsistent here- 
repeae with, arc hereby repealed. [^Approved by the Governor^ 

May 3, 1856.] 

Chcip. 152 An Act c6ncerning the Jurisdiction of Justices of the Peace. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Former act Sect. 1. Tiic first scctiou of the thrcc huudrcd aud four- 

amen e . tccntli cliaptcr of tlic acts of eighteen hundred and fifty-two, 

is hereby amended, so that the actions thereby brought 
witliin the jurisdiction of justices of the peace and justices of 
police and justices' courts, may be brought in the county 
where either of the defendants or trustees, if any, resides, or 
Proviso. has his usual place of business : provided, that no trustee 

shall be held to answer tb process except in the county 
where he lives or has his usual place of business. 



1856.— Chapters 153, 154. 85 

Sect. 2. All acts and parts of acts, inconsistent herewith, inconsistent act^ 
are hereby repealed. repealed. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, May 5, 1856.] 

An Act to incorporate the Oxford Hotel Company. Chap. 153 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. A. G. Underwood, Horace S. DeWitt, James corporator.. 
Bacon, their associates and successors, are hereby made a 
corporation, under the name of the Oxford Hotel Company, xame. 
for the purpose of erecting a hotel in the town of Oxford, Purpose. 
and maintaining such public house and the buildings and 
improvements connected therewith ; and for these purposes Privileges, re- 
shall have all the powers and privileges, and be subject to all ^ "^ '°"'' 
the duties, restrictions and liabilities, set forth in the forty- 
fourth chapter of the Revised Statutes : provided, that said Proviso, 
corporation shall not carry on the business of hotel-keeping, 
or be in way interested in such business. 

Sect. 2. The whole amount of real and personal estate, ^^«=''^°'^p?i„*°"»' 
or capital stock which said corporation may hold for the ' ' 
purposes aforesaid, shall not exceed thirty thousand dollars. 
[Approved by the Governor, May 5, 1856.] 



An Act to incorporate the Proprietors of Oak Grove Cemetery. ChcCD, 154 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Eben H. Stacy, Hermann E. Davidson, Benja- corporstors. 
min K. Hough, Frederick Norwood, Epes W. Merchant and 
Edward Babson, together with such other persons as shall 
become proprietors of lots in the cemetery hereinafter men- 
tioned, their successors and assigns, are hereby made a cor- 
poration, by the name of the proprietors of Oak Grove >'ame. 
Cemetery ; and said corporation shall have all the powers Privileges, re- 
and privileges, and be subject to all the duties, restrictions *'™''°'''' ^^ 
and liabilities, set forth in the forty-fourth chapter of the 
Revised Statutes, except as is otherwise provided in this act. 

Sect. 2. The said corporation may take and hold, by May hoid thirty 
purchase or otherwise, in fee simple, for the purposes herein- personL'propeTt? 
after provided, a tract of land, not exceeding thirty acres, ^^^q^q^^^*''""'? 
situate at and near a place called Oak Grove, in the town of 
Gloucester, and may also take and hold personal property, 
not exceeding in amount twenty thousand dollars, to be 



86 1856.— Chapter 154. 

applied to objects connected with, and appropriate to, the 
purpose of said corporation. 

Powers of corpo- Sect. 3. The Said corporation shall take and hold the 
aforesaid land, for a rural cemetery or burial-ground, and 
for the erection of tombs, cenotaphs, or other monuments, 
for, or in memory of, the dead ; and, for this purpose, sliall 
have power to lay out the same in suitable lots or subdivi- 
sions, for family, or other burying places ; to plant and 
embellish the same with trees, shrubbery, and other rural 
ornaments ; to enclose and divide the same with suitable 
walls or fences ; and to construct and annex thereto such 
suitable buildings, appendages, and other conveniences, as 
said corporation shall, from time to time, deem expedient. 

Deeds of conrey- Sect. 4. Tho Said corporatiou shall have authority to 
grant and convey to the town of Gloucester, any portion of 
the land aforesaid, for a public burial-ground, and also, to 
grant and convey to any person or persons, the sole and 
exclusive right of burial, and of erecting tombs and ceno- 
taphs, and of ornamenting any designated lot or subdivision, 
upon such terms and conditions, and subject to such regula- 
tions, as said corporation shall prescribe, which right, so 
granted and conveyed, shall be held for the purposes afore- 
said, and for none other, as real estate, by the proprietor or 
proprietors thereof, and shall not be subject to attachment 
or execution, or to be applied to the payment of debts by 
assignment, under any insolvent law. 

Exempt from tax- Sect. 5. Thc laud aforcsaid shall be, and is hereby de- 
clared exempted from all public taxes, so long as the same 
shall remain dedicated to the purposes of a cemetery. 

Penalty for ^Tifui Sect. 6. Any persou who shall wilfully dcstroy, mutilatc, 
deface, injure or remove any tomb, monument, grave-stone, 
or other structure placed in the cemetery aforesaid, or any 
fence, railing or other work erected for the- protection or 
ornament of any tomb, monument, grave-stone, or other 
structure, aforesaid, or any cemetery lot, or shall wilfully 
destroy, remove, cut, break or injure any tree, shrub or 
plant, within the limits of said cemetery ; or shall shoot, or 
discharge any gun or other fire-arms, within the said limits, 
shall be deemed guilty of a misdemeanor, and upon convic- 
tion thereof before any justice of the peace, or other court of 
competent jurisdiction, shall be punished by a fine not less 
than five dollars, nor more than one hundred dollars, ac- 

Aiso liable to ac- cording to tlic nature of the offence ; and such offender shall 

^on or respass, ^^^^ ^^ Hablc to ail actioii of trcspass, to be brought in any 
court of competent jurisdiction, in the name of said corpora- 
tion, to pay all damages which shall have been occasioned 



1856.— Chapter 155. 87 

by his or her unlawful act or acts ; -which money, when re- 
covered, shall be applied by the trustees of said corporation, 
to the reparation and restoration of the property destroyed 
or injured, as aforesaid ; and members of said corporation 
shall be competent witnesses in such suit. 

Sect. 7. The lots in said cemetery which maybe granted Lots not divisible. 
and conveyed as before provided, shall be indivisible ; and 
upon the decease of any proprietor of a lot, the heirs at law 
or devisees of such lot, as the case may be, shall 1)C entitled 
to all the privileges of membership : provided, hoiuever, that Proviso. 
if there be more than one heir at law or devisee of such lot, 
and they do not agree in writing, and file such agreement 
with the clerk of said corporation, within six months from 
the decease of the owner, the board of trustees of said cor- 
poration shall designate and enter of record which of said 
heirs at law or devisees shall represent said lot, and vote in 
the meetings of said corporation, which designation shall 
continue in force until said heirs or devisees shall make and 
file "such agreement in manner aforesaid, or until, by reason 
of death, removal, or other sufficient cause, another designa- 
tion shall become necessary ; and in making such designation 
the trustees shall, as far as may conveniently be done, give 
preference to males over females, to proximity of blood, and 
to priority of age, having due regard, however, to proximity 
of residence. 

Sect. 8. The said corporation may take and hold any corporation may 
grant, donation or bequest of property, in trust, to apply the In uS"'^' *"'' 
same, or the income thereof, for the improvement or embel- 
lishment of the said cemetery, or of any buildings, structures 
or fences, erected or to be erected therein, or for the repair, 
preservation, or renewal of any tomb, monument, grave-stone, 
fence or railing, or other erection in or around any cemetery 
lot, according to the terms of such grant, donation or be- 
quest ; and the supreme judicial court, or any court having courts may com- 
equity jurisdiction, shall have power to compel the execu- frisf.''^''""'"' "^ 
tion of such trust. 

Sect. 9. This act shall take eifect from and after its 
passage. {^Approved by the Governor, May 5, 1856.] 

Ak Act incorporating the Roxbury Institute. Chap. 155 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. James Ritchie, Francis HiUiard, William Whit- corporator*, 
ing, their associates and successors, are hereby made a cor- 



88 



1856.— Chapters 156, 157. 



Privileges, re- 
itriotions, &c. 



Purpose. poration by the name of the Roxbury Institute, for the pur- 

pose of promoting moral and intellectual improvement, and 
communicating public instruction by lectures, a library and 
reading-room, and otherwise, in the city of Roxbury ; with 
all the powers and privileges, and subject to all the duties, 
liabilities and restrictions, contained in the forty-fourth 
chapter of the Revised Statutes. 

Real and pftrsouai Sect. 2. Said Corporation may hold real and personal 
estate to the amount of one hundred thousand dollars, to be 
devoted to the purposes aforesaid. \_Approved by the Gov- 
ernor, May 5, 1850.] 



Chap. 156 



Corporators. 



Privileges, re- 
atrictions, &c. 

Membership. 



Entitled to same 
bounty as other 
agriciUtural so- 
cieties. 



An a ct to incorporate the Eastern Hampden Agricultural Society. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Alonzo V. Blanchard, J. K. Knox, Alonzo N. 
Dewey, and Alfred L, Converse, their associates and succes- 
sors, are hereby made a corporation by the name of the East- 
ern Hampden Agricultural Society, for the encouragement 
of agriculture and the mechanic arts, by premiums and 
other means, in the town of Palmer, in the county of Hamp- 
den ; with all the powers and privileges, and subject to all 
the duties, liabilities and restrictions, of other agricultural 
societies established in this Commonwealth : and they are 
hereby authorized to admit members from the towns of 
Palmer, Ludlow, Monson, Brimfield, Wilbraham, Wales and 
Holland, and the city of Springfield, in the county of Hamp- 
den ; Belchertown and Ware, in the county of Hampshire, 
and Warren, in the county of Worcester. 

Sect. 2. Said society shall be entitled, on the same 
terms as other incorporated agricultural societies, to receive, 
annually, out of the treasury of the Commonwealth, such 
sum as any other incorporated agricultural society may 
receive, under the provisions of chapter forty-two of the 
Revised Statutes, notwithstanding the restrictions of section 
seventh of that chapter. [^Approved by the Governor, May 
5, 1856.] 



Chap. 157 



Results of elec- 
tions, how de- 
termined. 



An Act concerning the Election of Civil Officers. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. In order to determine the result of any elec- 
tion of any civil officer or officers in this Commonwealth, 



1856.— Chapter 158. 89 

• 
the whole number of persons who voted at such election 
shall first be ascertained by counting the whole number of 
separate ballots given in, and the person or persons who 
shall receive the highest number of votes shall be deemed 
and declared to be elected ; and in all returns of elections 
the whole number of ballots given shall be distinctly stated, 
but blank pieces of paper shall not be counted as ballots. 

Sect. 2. If, at any election where more than one civil same subject. 
officer is to be elected to the same office, any two or more 
candidates shall receive an equal number of votes, being a 
plurality, by reason whereof the whole number to be elected 
cannot be completed, the candidates having such equal num- 
ber of Tiotes, shall be deemed not to be elected. 

Sect. 3. All acts or parts of acts, inconsistent here- inconsistent acts 
with, or with the fourteenth article of the amendments to ^^^ 
the constitution of Massachusetts, are hereby repealed. 
\_Approved by the Governor, May 5, 1856.] 

An Act in addition to an Act to establish the City of Springfield. CkcW. 158 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The standing justice of the police court for the standing justice 

pn- r-iiini -ii -ii- *° retain a cer- 

city 01 Springrieid shall be entitled to retain to his own iise, tain amount, f.c. 
out of the moneys received by him in each year for fees, 
fines and penalties, an amount equal to the sum or sums he 
may be required by law to pay over in each year to the spe- 
cial justices of said court for services rendered by them : 
provided, hoivever, that when the sum of one hundred and Proviso, 
fifty dollars shall have been thus earned in any one year, by 
either or both of said special justices, the said special jus- 
tices shall thereafter be paid by the standing justice out of 
his salary, in full, for their services as such justices, at the 
rate of four dollars for each day they shall be actually en- 
gaged in holding court as such justices. 

Sect. 2. In all criminal cases where fines, forfeitures fims, &c., how 

T ,•! ,!•,• f.-ijii received and paid. 

and costs are not paid to tiie justice ot said court, but arc 
by him taxed, certified and allowed as provided in the 
twenty-fourth section of the ninety-fourth chapter of the 
statutes of eighteen hundred and fifty-two, the fees of the 
justice of said court, so taxed, certified and allowed, shall 
be received by said justice in the manner now provided for 
justices of the peace ; and the fees so received by said 
jubtice shall be by him accounted for and paid over to the 
treasurer of said city. 

12 



90 1856— Chapters 159, 160. 

standing justice Sect. 3. It sliall be lawful for the standing justice of 

from fmpri^mf- Said court, at his discretion, to discharge any person from 

ment, &c. imprisonment, who shall have been confined under sentence 

of any court, for three months or more, for non-payment of 

fines and costs, or either of them, when it shall be made to 

appear to said justice that such person is unable to pay said 

fine and costs. 

Inconsistent acts Sect. 4. All acts aud parts of acts, inconsistent here- 

repeaied. with, arc hcrcby repealed. 

Sect, 5. This act shall take effect from and after its 
passage. [^Approved by the Governor, May 5, 1856.] 

Chan. 159 -^^ ^^'^ '^^ addition to an Act to establish a Fire Department in tjje Town of 
-* Lynn. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Actamendad. Sect. 1. Tlic first scctiou of tlic act passcd in the year 

one thousand eight hundred and thirty-six, to establish a 
fire department in the town of Lynn, (chapter fifty,) is 
hereby amended, so that the engineers of the fire depart- 
ment shall be appointed in the month of January in each 
year hereafter, instead of in the month of April. 
incoasirtcnt acts Sect. 2. All acts or parts of acts, inconsistent herewith, 
repealed. ^^^ hereby repealed. {^Approved by the Governor, May 

5, 1856.] 

ChflY) 1 flO -^^ -^^^ ^^ authorize the County Commissioners of Plymouth to lay out a 
jt * Highway and construct a Bridge over the Weweantitt River. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Bridge in Ware- Sect. 1. The couuty commissioucrs of the county of 
Plymouth, are hereby authorized and empowered to lay out 
a highway and construct a bridge across the Weweantitt 
River, in Wareham and Marion, in said county of Plymouth, 
at or near the location of the old bridge, or between the 
same and the Narrows below. Said commissioners, in lay- 
ing out and constructing said road and bridge, shall in all 
respects proceed as is, now provided by law for laying out 
and constructing highways. 

Sect. 2. This act shall take effect from and after its 
passage. \_Approved by the Governor, May 8, 1856.] 



ham 



1856.— Chapters 161, 162, 163. 91 

An Act concerning the Boston and Lowell and Salem and Lowell Railroad CIlCW. 161 

Companies. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The- Salem and Lowell Railroad Company are J^^'^l^™ °f>^'"i- 
hereijy authorized to enter upon the Boston and Lowell 
Railroad, from the Lowell and Lawrence Railroad, at any 
convenient point of junction in Lowell, and may use so much 
of the Boston and Lowell Railroad as lies north of the track 
leading to the Lowell Bleachery, and all the branches of 
said last named railroad in the city of Lowell ; and said 
Boston and Lowell and Salem and Lowell Railroad Compa- 
nies are hereby invested with all the rights, powers and 
privileges, of railroad corporations whose railroads are con- 
nected by law. 

Sect. 2. This act shall take effect as soon after the pas- ^^en to take 
sage thereof as the same shall have been accepted by the 
Boston and Lowell and Salem and Lowell Railroad Compa- 
nies, at meetings legally called for the purpose. [^Approved 
by the Governor, May 8, 1856.] 



Ax Act in relation to Probate Courts in the County of Worcester. CllCin. 162 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the satne, as follows : 

Sect. 1. The sessions of the probate court, now by law sessions cinnged. 
holden at Lancaster, in the county of Worcester, shall, from 
and after the first day of June next, be holden at Clinton, 
in said county of Worcester. 

Sect. 2. All acts or parts of acts, inconsistent with this inconsistent act« 
act, are hereby repealed. [Appi-oved by the Governor, May^''^^''^'' 
13, 1856.] 

An Actio repeal chapter two hundred and thirty- eight of the Acts of the year C/iOp. 163 
eighteen hundred and thirty -six, being an Act to rtgulate the Assignment -^ 

and Distribution of the Property of Insolvent Debtors. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The act to regulate the assignment and distribution of Act repealed. 
the property of insolvent debtors, passed April fifteenth, in 
the year eighteen hundred and thirty -six, chapter two liun- 
dred and thirty-eight of the acts of said year, is hereby 
repealed. [Approved by the Governor, May 13, 1856.] 



92 1856.— Chapters 164, 165, 166. 

Chap. 164 -A-N Act in relation to the Rights of Children, under Guardianship, to attend 
■* the Public Schools. 

Be it enacted by the Senate and House of Representa- 
tives^ in General Court assembled, and by the authority of 
the same, as follows : 

nights of children Sect. 1. Miiioi's, wlio sliall be placed under guardian- 

to attend school. ^^^-^^ ^^^^^^ ^j^^ deceasc of their father, either pursuant to, the 

general provisions of law, or by the last will of such father, 

shall be allowed to attend the public schools of the town or 

city of which such guardian is an inhabitant. 

Sect. 2. This act shall take effect from and after its 
passage. \^Approved by the Governor, May 13, 1856.] 

Chan. 165 -^^ ■^'^'^ ^^ addition to the Acts relating to the Annual Reports of Railroad 
-* ' Corporations. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Railroad returns Sect. 1. The amiual rcport now by law required to be 
amoun't'ofM- made by the directors of the several railroad corporations 
sets. within this Commonwealth, shall hereafter contain the 

amount of assets or property held by the corporation, in 
addition to the cost of the road. 
Secretary to fur- Sect. 2. The Secretary of the Commonwealth, shall, in 
nish blanks, &c. the blank rctums hereafter transmitted to the several rail- 
roads, provide that the statement required by the first sec- 
tion of this act, shall be placed immediately following that 
which shows the total cost of the road. He shall also pro- 
"vide that the amount paid for interest shall appear next fol- 
lowing, but not included in, the cost of working the road. 
Form of abstract, Sect. 3. The form of tlic abstract required by the act 
of eighteen hundred and fifty-one, chapter one hundred and 
two, is hereby so far amended as that the amount of debt 
shall follow the amount of capital paid in ; the amount of 
assets, the cost of the road, and the amount paid for inter- 
est, the cost of working the road. \_Approved by the Gov- 
ernor, May 13, 1856.] 

Chat>. 166 -^^ -^^""^ *° authorize Job T. Wilson to build a Wharf in the City of Fall River. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Wharf in Fall Job T. Wilsou is hereby authorized to build and maintain 

^"^' a wharf, extending two hundred feet into Taunton Great 

Eiver, from land owned by him, (at the village of Steep 



1856.— Chapters 167, 168. 93 

Brook,) in th^ citv of Fall River, and to lay vessels at said 
wharf, and recv "^ wharfage and dockage therefor : provided., May receive 
this act shall ' o wise affect the legal rights of any provisT' 
other })ersons "w ;ver. \_Approved by the Governor, May 
13, 1856.] 

An Act to extend the ; me for the construction of a Branch Railroad into the fjhnf) 1 67 
City of Boston, ijy the Boston and Lowell Railroad Corporation. -» 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The time allowed the Boston and Lowell Railroad Corpo- Time for con- 
ration for locating, building and completing a branch rail- Extended' fo"' ' 
road into the city of Boston, under the provisions of an act J«m1,i867. 
passed on the twenty-fifth day of May, in the year eighteen 
hundred and fifty-three, entitled " An Act to authorize the 
Boston and Lowell Railroad Corporation to construct a 
Branch Railroad into the City of Boston," is hereby ex- 
tended until the first day of June, in the year eighteen hun- 
dred and fifty-seven. [Approved by the Governor. May 13, 
1856.] 

An Act to incorporate the Springfield and Farmington Valley Railroad Chcip. 168 

Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. James M. Blan chard, Edward South worth, corporaton. 
Willis Phelps, Samuel S. Day, Caleb Rice, their associates 
and successors, are hereby made a corporation, by the name Name. 
of the Springfield and Farmington Valley Railroad Com- 
pany ; with all the powers and privileges, and subject to all Privileges, re- 
the duties, restrictions and liabilities, set forth in the forty- ''"'="°"'' **'• 
fourth chapter of the Revised Statutes, and in that ])art of 
the thirty-ninth cliapter of said statutes, relating to railroad 
corporations, and in all general laws, which are now, or may 
hereafter be, in force, relating to railroads in this Common- 
wealth. 

Sect. 2. Said corporation is hereby authorized and em- Location. 
powered to construct and maintain a railroad, with one or 
more tracks, from the line of the State of Connecticut, at 
or near Rising's Notch, so called, in the town of South wick, 
at the termination of a railroad incorporated by the State 
of Connecticut, as the Farmington Valley Railroad, thence 
running by, or near the village of Feeding Hills, and by 
Mitteneaque, in West Springfield, to some point in Spring- 



94 



1856.— Chapter 169. 



May enter upon 
Western Railroad 



Further power, 
&c. 



Capital stock to 
consist of 3.000 
shares, of $100 
each. 



Legislature may 
reduce toll, &c. 



Act to he void if 
not located in 
two years and 
constructed in 
three years. 

May contract 
with other rail- 
roads, &c. 



field, at or near the depot of the Western Railroad ; or if 
said corporation shall so elect, to some convenient point on 
the Western Railroad in West Springfield ; with power, by 
proper tnrnouts and switches, to enter upon and use said 
Western Railroad, from said point to their depot in Spring- 
field, according to the provisions of law ; and with further 
power, by agreement witli said Western Railroad Corpora- 
tion, to construct and lay down upon said Western Railroad, 
one or more additional tracks from the point of junction in 
West Springfield to their depot in Springfield, and to use 
the same, and the bridge of said Western Railroad, sepa- 
rately or jointly, with said Western Railroad Corporation, 
as may be agreed. 

Sect. 3. The capital stock of said corporation shall con- 
sist of not exceeding three thousand shares of one hundred 
dollars each ; and no assessment shall be made thereon to a 
greater amount in the whole, than one hundred dollars on 
each share. ^ 

{Sect. 4. The legislature may, after five years from the 
time when said railroad shall be opened for use, from time 
to time, reduce the rates of toll or profits upon said road ; 
but the same shall not be so reduced without the consent of 
said company, as that the net profits of said road shall yield 
less than ten per centum per annum to the stockholders. 

Sect. 5. If the location of said railroad shall not be 
filed according to law, within two years, or if the said rail- 
road shall not be constructed within three years from the 
passage of this act, the same shall be void. 

Sect. 6. Said corporation may contract with the owners 
of any contiguous railroad or railroads, within this State, 
or in the State of Connecticut, for the use of the whole or 
any part of such railroad or railroads, or for running and 
operating said railroads conjointly, or for the hiring of such 
contiguous railroad or railroads, or for the leasing of their 
own road to the owners of such contiguous road or roads. 

Sect. 7. This act shall take effect from and after its 
passage. [^Approved by the Governor, May 16, 1856.] 



Ohnn 169 ■^^ ■^'^^ authorizing the release of Dower in behalf of Married Women who 
■i^' are Insane. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Release of dower Sect. 1. Wheucver auy married woman, who, if she sur- 
wome™*"''''™'''^ vived her husband, would have a right of dower in his real , 
estate, is, by reason of insanity, incompetent to release such 



185'6.— Chapter 169. 95 

right, the same may, nevertheless, be efFectiially released, 
according to the provisions of this chapter. 

Sect. 2. The fact of such insanity shall be ascertained. General pro- 
and thereupon a guardian appointed, by proceedings in the '^®'^''°^^- 
probate court, as in such cases is now provided by law ; and 
the husband, if a suitable person for the trust, may be ap- 
pointed as such guardian. 

Sect. 3. Whenever the husband of such insane woman Proceedings when 

,. f, . PI- ijj iji 1 husband is desir- 

is desirous ot conveying any oi his real estate, whether abso- oustoseii, &c. 
lutely in fee, or only by way of mortgage, he shall petition 
the judge of probate, describing the same, asking leave that 
the dower of his wife therein may be released, and setting 
forth any facts and reasons why his prayer should be grant- 
ed ; and if, after notice in some newspaper to all persons 
interested, and hearing thereon, the judge of probate shall 
be satisfied, under all the circumstances of the case, that such 
married woman would, if sane, release her right of dower in 
said real estate, he shall authorize and direct her guardian 
to make such release by joining in any deed of conveyance, 
to be made within five years thereafter, either by such hus- 
band, or any trustee for him, and whether such deed pass 
the whole, or only separate parcels or lots of said real estate: 
provided^ nevertheless, that such authority shall cease at any Proviso. 
time within said five years, as to any release thereafter 
to be made, whenever the said guardian shall be discharged 
by the judge of probate, according to law, as no longer neces- 
sary. 

Sect. 4. If, upon such hearing, the judge of probate subsequent pro- 
shall deem it proper, under all the circumstances of the case, '^'^^ '°^''" 
that some portion of the proceeds of such re il estate, or of 
any sum loaned on mortgage thereof, should be reserved for 
the use of such married woman, he may order that a certain 
sum, not exceeding thirty-three and one-third per cent, of 
the net amount of such proceeds, or sum actually to be real- 
ized from Luch sale or mortgage, exclusive of any incum- 
brance then exibting on said estate, shall be set aside, and 
paid over to such guardian, to be invested and held by him 
for the benefit of such married woman, in case she shall 
survive her husband, the income of such sum, nevertheless, 
to be received and enjoyed by such husband during the life 
of his wife, or until otherwise ordered by the judge of pro- 
bate, upon good cause shown to him ; and the principal to 
be his, in case he survives her, and to be paid over to him 
accordingly. 

Sect. 5. If the husband of any such insane woman shall Trustees in cer- 
have conveyed, before the passing of this act, or shall hereafter ma" pass ti tie free 

&c. 



96 



1856.--CHAPTER 170. 



convey, any real estate in trust, without the power of revo- 
cation, and in snch conveyance there shall be made provision 
for his wife, which, in the opinion of the judge of probate, to 
be certified on petition, notice and hearing, as aforesaid, 
shall be sufficient in lieu of dower therein, the trustee in 
such conveyance shall be authorized to pass title to such real . 
estate free from all right of dower. 
Guardians to join Sect. 6. If, iu any such couvcyancc mentioned in the 

in release of dow- ,. ,. ^"^ iji iiii n 

er in certain cases preceding scctiou, 01 auy propcrty, there shall be made pro- 
vision sufficient, in the opinion of the judge of probate, to be 
certified as aforesaid, in lieu of dower of such insane woman 
in all the real estate owned by her husband at the date of 
the petition, or in any particular portions thereof, her guar- 
dian shall bo authorized to release her dower in all such real 
estate, or in such particular portions thereof, by joining in 
any deed of conveyance of the same. 
Proceedings un- Sect. 7. All tlic procccdings contemplated under this 
wiieretobeheid. act, lu the probatc court, shall be had in the county where 
the husband of such insane woman resides, if an inhabitant 
of this Commonwealth, and if not, then in some one county 
where any of his real estate is situated ; and a certified copy 
of all final orders or decrees therein, shall be recorded in the 
registiy of deeds in every county where the conveyance of 
the real estate, dower in which is released under this act, is 
recorded. [^Approved by the Governor, May 16, 1856.] 

Chap. 170 An Act in relation to the Court of Common Pleas in and for the County of 
-* Middlesex. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. The term of the court of common pleas for the 
county of Middlesex, now holden at Concord, in said county, 
on the second Monday of March of each year, shall here- 
after be holden at Lowell, in said county, on the second 
Monday of March annually. 

Sect. 2. The term of said court of common pleas for 
said county, now holden at Concord, in said county of Mid- 
dlesex, on the second Monday of June, annually, shall here- 
after be holden at said Concord, on the firstMonday of June, 
annually. 

Sect. 3. This act shall take effect on the firstMonday of 
September next. [Approved by the Governor, May 16, 
1856.] 



Orders or de- 
crees to be re 
corded. 



Term of C. C. 
Pleas established 



Same. 



When to take 
effect. 



1856.— Chapter 171. 97 

An Act concerning State Paupers. Chcin, 171 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follov)s : 

Sect. 1. The board of alien commissioners shall pre- commissioners to 
scrilie the form of the certificate required in the fifth section Pertmcatef&?. "*^ 
of the two liundred and seventy-fifth chapte-r of the acts of 
the year one thousand eight hundred and fifty-two, which 
certificate shall contain such inquiries in relation to the ago, 
parentage, birthplace, former residence, and other facts 
relating to the pauper as they may judge necessary, to which Mayor and over- 
the mayor of tbe city, or the overseers of the poor of the tru"aMwe?r'^'^'^ 
towu from which the pauper is sent, shall render true 
answers as far as they are able, before said pauper shall be 
received into either of the State almshouses. The several secretary to fur- 
cities and towns shall be furnished with blank forms of said "^^ ° °™^' 
certificate by the secretary of the Commonwealth. 

Sect. 2, In case any person, not having a legal settle- Provision for per- 
ment in this Commonwealth, shall fall into distress in any legai settlement^ 
city or town, and cannot bo removed, by reason of sickness 
or other disability, in the opinion of the officers in such city 
or town who may have such 'duty to perform, they shall 
notify the alien commissioners, who shall, if they deem it 
expedient, request the attending physician of the nearest 
State almshouse to visit said person ; and if, in his opinion, 
the person cannot be safely or properly removed, then the 
city or town providing for said pauper shall be entitled to 
such a sum, not exceedhig three dollars per week, for the 
board and care of said pauper, as the alien commissioners 
shall deem to be iust and right. No city or town shall no expense ai- 

f,,, ' ,f p •!/• lowed prior to 

receive pay lor the support oi any pauper as aioresaia, tor notice. 
any expense incurred prior to the mailing of said notice. 

Sect. 3. The several cities and towns in the Common- cities and towns 
wealth shall have the right, at their own expense, to send to "ers. under^X- 
one of the State almshouses, all paupers not having a settle- ^[^3°^°^°^/°°*' 
ment within the Commonwealth, as directed in the third 
section of the two hundred and seventy-fifth chapter of the 
acts of the year eighteen hundred and fifty-two, except as 
hereinafter provided. The alien commissioners shall have 
power to direct the mayor of any city, or the overseers of 
the poor of any town, to send such paupers to either of the 
State almshouses, as, in their judgment, the interests of the 
Commonwealth may require : provided, however, that if any provi»o. 
city or town is required to send their paupers to a greater 

13 



98 1856.— Chapters 172, 173. 

distance than is required in the act aforesaid, the necessary 
additional expense shall be paid by the Commonwealth. 
Acts repealed. Sect. 4. The four hundred and twcUth cliaptcr, and thc 

first and second sections of the four hundred forty-fifth 
chapter of the acts of the year one thousand eight hundred 
and fifty-five, and all other acts inconsistent with this act, 
are hereby repealed. 

Sect. 5. This act sliall take effect from and after its 
passage. [^Approved by the Governor^ May 16, 1856.] 

ChciV 172 ^^ -^^^ concerning the Police Court of the City of Worcester. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as foUovjs : 

Salary of clerk. Sect. 1. The clcrlv of the police court of the city of 
Worcester shall receive a sum not exceeding seven hundred 
dollars per annum, for his services as clerk. 

Salary of clerk Sect. 2. lu casc of the sickuess or absence of the stand- 

protem. -j^g (,jq^.]j^ |]^q clcrk jcfo tempore, appointed by the justice of 

said police court, shall be allowed and paid ajwro rata com- 
pensation for his services. 

Duty of clerk. Sect. 3. It shall bc tlic duty of thc clerk to attend cvcry 
court held by the justices of the police court, or either of 
them, and to record all proceedings therein had, and to make 
out all warrants and processes which the said justices, or 
either of them, may order. 

Partial repeal. Sect. 4. So much of the fourtli scction of the act passed 
in the year one thousand eight hundred and fifty-one, chap- 
ter two hundred and sixty-eight, as relates to the compen- 
sation of the clerk of the police court of Worcester, is 
hereby repealed. 

Sect. 5. This act shall take effect from and after its pas- 
sage. {^Approved by the Governor, May 16, 1856.] 

Chap. 1 7 3 An Act concerning the Election of Clerks of Courts and other County Officers. 

Be it enacted by the Senate and House of Representor 
lives, in General Court assembled, and by the authority of 
the same, as follows : 

Choice of certain Sect. 1. At tlic aunual elcctiou in November, in the 
cownyo cers. ygrj^ qj-^q ^I^Q^gaj-^(;[ gigl-^l; hundred and fifty-six, and at the 

annual election in November of every third year thereafter, 
the legal voters of the several cities and towns in each 
county shall choose, by ballot, the commissioners of insolv- 
ency, sheriffs, and registers of probate for the several coun- 
ties ; they shall also choose, in the same manner, the district- 



1856.— Chapter 173. 99 

attorneys in their several districts, for the administration of 
criminal law ; and also the Commonwealth's attorney for 
the connty of Suffolk, who shall severally hold their respec- 
tive offices according to the provisions of this act, herein- 
after set forth. 

Sect. 2. At the annual election in November, in the Eiuctiou^ofcierks 
year one thousand eight hundred and fifty-six, and at the 
annual election in November of every fifth year thereafter, 
the legal voters of the several cities and towns in each 
county, excepting in the county of Suffolk, shall choose by 
ballot for their respective counties, a clerk, who shall act as 
clerk of the supreme judicial court, and the court of com- 
mon pleas, within and for the county for which he shall be 
chosen ; and at the same time the legal voters of the county 
of Suffolk sliall choose by ballot for said county of Suffolk, 
a clerk of the supreme judicial court, a clerk of the supe- 
rior court, and a clerk of the municipal court of said county. 

Sect. 3. At said elections the votes shall be sorted and '^'"tes to be sort- 
counted by the selectmen of the towns, and by the wardens declaration ' 
and ward clerks of the cities, in open town and ward meet- '"''"^''' ^'"^ 
ings, and public declaration made^ thereof at such meetings. 
The names of all persons voted for, and the number of votes 
received by each person, and the title of the office for which 
he is proposed, shall be entered by the town clerks in the 
town records, and by the ward clerks in the ward records, 
in words at length ; and the said ward clerks shall, forth- 
with, deliver to the city clerks certified copies of such 
records, who shall forthwith enter the same in the city 
records. The said town and city clerks shall, Avithin ten to be returned to 
days from the day of said election, transmit, under seal, '^orweaitMnte'n 
attested copies of the records so by them made, to the secre- '^°'^^- 
tary of the Commonwealth, and the secretary shall lay the 
said returns before th;) governor and council. 

Sect. 4. The governor and council shall receive and ex- Governor ana 
amine such returns ; and if. upon such examination, it shall aniine'ret"urus, 
appear that any person qualified for the ofiice for which he ^'"' 
was proposed, has been legally elected thereto, the governor 
shall forthwith transmit to the person chosen, a certificate of 
such choice, signed l)y the governor, and countersigned by 
the secretary of the Commonwealth ; but, in case of a fail- 
ure to elect either of said officers, on the days in November 
aforesaid, the governor shall, l)y proclamation, declare 
such failure to elect, and order a new election ; and the 
manner of the election, the return of the votes, and the 
declaration of election, shall be such as are herein before 



100 



1856.— Chapter 173. 



Certain officers 
to hold for three 
years. 



Clerks of courts 
to hold for five 
years. 



Power of justices 
of S. J. Court to 
remove certain 
officers, &c. 



Governor and 
council to fill 
certain vacan- 
cies. 



Clerks of courts, 
vacancies fiUed 
by judges 



Specified : and the governor sliall continue to order new 
elections until a choice is effected. 

Sect. 5. The commissioners of insolvency, sheriffs, reg- 
isters of probate, district-attorneys, and Commonwealth's 
attorney for the county of Suffolk, elected under the provi- 
sions of this act, shall hold their offices respectively for the 
term of three years from the first Wednesday of January 
next following said annual election in November, excepting 
as hereinafter provided. 

Sect. 6. The clerks of the courts, elected under the pro- 
visions of this act, shall hold their offices, respectively, for 
the term of five years from the first Wednesday of January 
next following said annual election in November, excepting 
as hereinafter provided. ■ 

Sect. 7. The justices of the supreme judicial court, or 
a majority of them, sliall have power to remove the clerks 
of said court in any county, whenever, in their judgment, 
tlie public good shall so require : and on bill, petition, or 
other proper process, said justices, or a majority of them, 
shall have power to remove from office, any clerk of the 
court of common pleas ^^or of the superior or municipal 
courts of the county of Suffolk, and any commissioner of 
insolvency, sheriff, register of probate, and district-attorney, 
or Commonwealth's attorney for the county of Suffolk, if 
sufficient cause shall be shown therefor, and it shall appear 
that the public good so requires ; and a summary hearing 
may be had before said justices, or a majority of them, upon 
said bill, petition, or other proper process, in term time or 
vacation. 

Sect. 8. In case a vacancy shall, from any cause, occur 
in either of said offices of commissioners of insolvency, 
sheriffs, registers of probate, district-attorneys, or Common- 
wealth's attorney in the county of Suffolk, the governor, 
with the advice and consent of his council, may appoint a 
suitable person to fill such office, who shall hold the same 
until the annual election in November next thereafter, or 
until another is chosen or appointed in his stead ; and at 
said annual election thereafter, an election by ballot shall 
be had to fill said office, for such unexpired term as may 
exist, in the same manner as is herein before provided by 
this act, for the election of said officers. 

Sect. 9. In case a vacancy shall, from any cause, occur 
in the office of any of the clerks of courts herein before 
mentioned, the judges of the said several courts, or a major- 
ity of the same, may appoint a suitable person to fill such 
office, who shall hold the same until the annual election in 



1856.— Chapter 174. . 101 

November next thereafter, or until another is chosen or 
appointed in his stead ; and at said annual election next 
thereafter, an election by ballot sliall bo had, to fill said office 
for such unexpired term as may exist, in the same manner as is 
herein before provided for the election of said clerks. 

Sect. 10. All laws in force, in relation to the duties ofnutyoftownand 
town and city officers and voters, in the election of governor, eiectioasr&c- '^ 
senators and representatives of this Commonwealth, shall, 
as far as the same may be applicable, apply and be in force 
in regard to meetings and elections to be held, and tiie 
returns to be made under the provisions of this act, respect- 
ing the choice of commissioners of insolvency, sheriffs, reg- 
isters of probate, district-attorneys, the Commonwealth's 
attorney for the county of Suffolk, and the clerks of the 
several courts ; and the like penalties shall be incurred for 
a violation thereof. \_Approved by the Governor', May 16, 
1856.] 

An Act in addition to an Act concerning Mortgages of Personal Property, Chcip. 174 

Be it enacted by the Senate and House of Representa- 
tives, in 'General Court assembled, and by the authority of 
the same, as folloivs : 

In all mortgages of personal property, when the mortgagor Y'"°''eeciings in 
shall have removed beyond the limits of this Commonwealth, mortg^agJ^otper- 
and there shall be no attorney, assignee, or other legal repre-^°""^ property. 
sentative of the mortgagor, and no person in possession of 
the mortgaged property, claiming the same, known to the 
mortgagee, upon whom notice of intention to foreclose can 
be served under the provisions of the seventy-second chapter 
of the acts of the year eighteen hundred and forty-tlu-ee, the 
notice therein provided may be given by a publication of the 
notice of foreclosure at least once a week, for three several 
weeks, the first publication to be not less than sixty days 
previous to the foreclosure, and the last within one week of 
the time appointed therefor ; the said publication to be made ^■^f^"-^'^'^ '° *"-' 
in one of the principal newspapers of the cities or towns 
where, by law, the said notice is to be recorded ; and if there 
be no paper published in such cities or towns, tlien in one of 
the principal newspapers in the county or counties where 
such property is situated ; and to be also recorded in the 
city or town clerk's office, as provided in said statute. [Ap- 
pi'oved by the Governor, May 21, 1856.] 



102 



1856.— Chapters 175, 176. 



Chcip. 1 75 An Act in addition to an Act to incorporate the Proprietors of the City Hotel, 

in Worcester. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The last proviso in the first section of the three 
hundred and forty-first chapter of the acts passed in the year 
one thousand eight hundred and fifty-three, which proviso 
begins with the words " and provided, further," and contin- 
ues tlirougli said first section, is hereby repealed. 

Sect. 2. The said corporation may hold real and per- 
sonal estate to an amount not exceeding one hundred and 
sixty thousand dollars. 

Sect. 3. The said corporation is hereby authorized to 
change its name, and take the name of tlie " Proprietors of 
the Bay State House." 

Sect. 4. The first section of chapter four hundred and 
seventeen, of the acts passed in the year one thousand eight 
hundred and fifty-five, is hereby amended so that the word 
" fortieth," in tlie first line, shall read " forty-first." [Ap- 
proved by the Governor, May 21, 1856.] 



Partial repeal. 



Real and persoual 
estate not to ex- 
ceed $160,000. 



Name changed. 



Act amended. 



Chap. 



Seine fishing 
ited. 



Special limit from 
April to July. 



Penalty for vi- 
olating, &c. 



How recovered. 



176 -^^ -^^^ ^°'^ *^*^ Preservation of Fish in Buzzard's Bay, within the Towns of 

Sandwich and Warehara. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. No person shall set, draw, or stretch, any seine 
or net, for the purpose of taking any fish, except blue fish, 
in the bays, harbors, ponds, rivers, or creeks, of the waters 
of Buzzard's Bay, within one mile from the shore, and within 
the jurisdiction of the towns of Sandwich and Wareham. 

Sect. 2. From the first day of April until the first day of 
July, inclusive, it shall be unlawful for any person to take 
more than one hundred pounds per week, of lobster, tautog, 
bass, or scuppaug, within the waters aforesaid. 

Sect. 3. Any person violating the provisions of this act, 
or either of them, shall be subject to a penalty of not more 
than fifty dollars ; one-half to the complainant, and remain- 
der to the towns in whose jurisdiction the offence was com- 
mitted. 

Sect. 4. The penalties above provided for, may be sued 
for and recovered in an action of contract, or an action of 
tort, in any court proper to try the same, upon complaint of 
the selectmen, or any legal_voter of the towns of Sandwich 
or Wareham. 



1856.— Chapters 177, 178, 179. 103 

Sect. 5. This act shall take effect from and after its 
passage. \^Approved by the Governor^ May 2-i, 1856.] 

An Act concerning the Salary of the Register of Probate for the County of (Jficn) 177 
Dukes Coimty. ^ 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. The register of probate for the county of Dukes fj^jfJJ *'■'*■'''" 
County, shall receive for his services an annual salary of the 
sum of two hundred and seventy-five dollars. 

Sect. 2. Said salary shall commence on the first day of^''"^i"-""''"'>- 
July next, and be paid in equal quarterly payments, out of 
the treasury of the Commonwealth, on tlie first days of 
October, January, April and July, in every year. 

Sect. 3. All acts and parts of acts, inconsistent with the luconsistcnt acts 
provisions of this act, are hereby repealed. [^Approved by^'^^^^'^ ' 
the Governor, May 24, 1856.] 

An Act in addition to an Act to incorporate the S. P. Ruggles Power Press CJicip. 178 
Manufacturing Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. The S. P. Ruggles Power Press Manufacturing Additional 
Company, in addition to its present powers, is hereby au- ''°^*^'^^' 
thorized to manufacture printing presses, and other ma- 
chinery, in the county of Norfolk. 

Sect. 2. This act shall take effect from and after its 
passage. [^Approved by the Governor, May 24, 1856.] 

An Act to repeal chapter two hundred and eighty- three of the Statutes of the CIlCip. 179 
year eighteen hundred and fifty-three. ^ 

Be it enacted by the Senate and House of Representa- 
tives, in General Conrt assembled, and by the authority of 
the same, as follows : 

Sect. 1. The two hundred and eighty-third chapter of ^ct repealed. 
the statutes of the year eighteen hundred and fifty-three, is 
hereby repealed. 

Sect. 2. This act shall not affect any suits or complaints ^'o^.t° ^^?^^ 

T r A 1 1 1 .r^ -n/f r^ a h ,-. /- /t t pending suits. 

now pendnig. lApproved by the Governor, May 24, 1856.] 



104 



1856.— Chapter 180. 



May extend rail- 
road. 



Chap. 180 -A-N Act to authorize the Hampshire and Hampden Railroad Corporation to 

extend their Railroad. 

Be it enacted by the Senate and House of Representa- 
tives^ in General Court assembled, and bij the authority of 
the same, as folloivs : 

Sect. 1. The Hampshire and Hampden Raih'oad Corpo- 
ration are hereby authorized to extend their raih'oad, within 

Location. two jcars from tlie passage of this act, from the crossing of 

Pleasant Street, in the village of Northampton, in a north- 
easterly direction, over the lands of the Coniiecticut River 
Railroad Company, to the south end of a new passen- 
ger-house to be owned in common by the Hampshire and 
Hampden Railroad Corporation and the Connecticut River 
Railroad Company, on a line agreed upon by the said corpora- 
tions, which line begins near the crossing of Pleasant Street, 
in the present location of the said Hampshire and Hampden 
Railroad Corporation, and running thence north-easterly, 
on a curve to^the left, of four hundred and forty feet radius, 
about seven hundred feet, to a point situated one hundred 
and eighty-three feet northerly from the north-west corner 
of the present passenger-house of the Connecticut River 
Railroad Company, and thirty-seven and one-half feet west- 
erly from the centre of the main track of the Connecticut 
River Railroad, and thence northerly, parallel to the afore- 
said main track, one hundred and eighty-one feet, to the 

Branch track, soutli cud of the HGW passcnger-liouse aforesaid. And the 
Haniftshire and Hampden Railroad Corporation are further 
authorized to construct a branch track, leading southerly 
from the aforesaid extension track, to unite with a branch 
track of the Connecticut River Railroad, between the freight 
and passenger-houses of the last named company : provided, 

Proviso. hoivever, that the Hampshire and Hampden Railroad Corpo- 

ration shall, before they commence the extension of their 
railroad, authorized by this act, purchase the lot of land 
known as the " Strong Lot," and erect thereon and on the 
adjoining lands of the Connecticut River Railroad Company, 
the new passenger-house above mentioned, of dimensions 
and style adapted to the requirements of the passenger busi- 
ness of the two corporations, and shall pay to the Connecti- 
cut River Railroad Company the cost of removing such of 
their wood-sheds, car-houses, water fixtures, tracks and other 
appurtenances, as it may become necessary to move in con- 
sequence of the change in the location of their passenger- 
house. 

c. c. Pleas to Sect. 2. lu casc of disagreement between the two cor- 

tFonen in°'"ie poratious abovc uamed, as to the necessity of the removal at 



1856.— Chapter 181. 105 

the cost of the said Ham])shire and Hampden Hailroad Cor- of disagreement, 
poration, as provided in the preceding section, of any of the 
wood-sheds, car-houses, water-fixtures, tracks, or other ap- 
purtenances of the Connecticut River Raih'oad Company, or 
the cost of such work, or as to the dimensions and style of 
the passenger-house to he erected, as aforesaid, or as to 
what portions of the land occupied hy the said corporations, 
shall be held in severalty by each of said corporations, and 
as to what portions of said land shall be held by the said 
corporations in common ; or as to what amount or amounts 
shall be paid, by either of the said corporations, to the otlier, 
for any land, the property of one of said corporations, taken 
by the other, under the authority conferred by this act, or 
purchased hy one of said corporations, for the use of both 
of the said companies, the court of common pleas for the 
county of Hampshire, or any judge of the same, may, upon 
the petition of either of said corporations, name and appoint 
three capable and disinterested persons as commissioners, to 
determine the questions in dispute between the said corpo- 
rations ; and either party, if dissatisfied with the decision of Either party may 
said commissioners, as to the amount to be paid by either of '^^''^ or jury. 
said corporations, to the other, for any land or other prop- 
erty of one of said corporations, taken by the other under 
the authority conferred by this act, may apply for a jury to 
assess the damages, in the manner provided in the thirty- 
ninth chapter of the Revised Statutes. 

Sect. 8. When the tracks authorized to be laid by the ^j"*jg„''°°j^^™; 
first section of this act, and described in said section, shall completed. 
have been located and constructed, in accordance with the 
provisions of this act, they shall be deemed and taken to he 
a part of the Hampshire and Hampden Railroad, and shall 
l)c protected by its charter, as fully as they would have been 
if located and constructed within the time prescribed in said 
charter ; and the said charter is hereby ratified and con- 
firmed, and declared to be in full force and effect, notwith- 
standing the failure of the said corporation to complete their 
road witliiii the time prescribed in said charter. \_ Approved 
by the Governor, May 24, 1856.] 

An Act in addition to an Act concerning Agricultural Societies which receive Qfidp^ 181 
the Bounty of the State. -* 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. No incorporated agricultural society, receiving Award of premi- 
the bounty of the State according to the provisions of chap- HTcertoin cases. 

14 



106 



1856.— Chapter 182. 



Societies disre- 
garding, &c., 
not to receive 
bounty. 



Act repealed. 



ter forty-two of the Revised Statutes, shall distribute any 
part thereof to any person for any animal or article for 
which a premium shall be awarded, unless such animal or 
article shall be produced within the limits of such agricul- 
tural society, or such animal has been owned and kept within 
the limits of such society, by the person to whom such pre- 
mium shall be awarded, for the term of three months, at 
least, next preceding the award of such preminm. And no 
animal for which a premium shall be awarded to the owner, 
by any incorporated agricultural society receiving the bounty 
of the State, shall at an}^ time thereafter, be considered a 
subject for any further premium of such society, except it 
be for qualities different from those for whicli the former 
premium was awarded, or for a higher premium : provided, 
hoivever, that nothing in this act sliall affect, restrain or 
limit a competitor for premiums offeredby the Massachusetts 
Society for the Promotion of Agriculture, to be awarded 
within the incorporated county agricultural societies, but 
such premiums shall be subject to the rules and regulations 
to be prescribed by the trustees of said Massachusetts So- 
ciety. 

Sect. 2. No incorporated agricultural society receiving 
the bounty of the State, which shall hereafter disregard the 
prohibitions of this act, shall be entitled to receive any part 
of said bounty for that year. 

Sect. 3. Chapter two hundred and ninety-six of the acts 
of the year one thousand eight hundred and fifty-five, enti- 
tled an act concerning agricultural societies which receive 
the bounty of the State, is hereby repealed. [Approved by 
the Governor, May 24, 1856.] 



Chap. 182 A.N Act concerning the Boston and Roxbury Mill Corporation. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Tolls established. Sect. 1. Thc Bostou and Roxbury Mill Corporatiou shall 
have the right to demand and receive upon the Western 
Avenue, instead of the tolls heretofore established, the tolls 
now by law established upon the bridges of the Hancock 
Free Bridge Corporation : provided, that this act shall not 
extend the time allowed by their present obligations to tlie 
Commonwealth, or any other party. 

Sect. 2 This act shall not take effect until it shall have 
been accepted by said corporation, at a meeting called for 
that purpose. [Approved by the Governor, May 24, 1856.] 



Provi«o. 



When to talie 
effect. 



1856 —Chapters 183, 18-1. 107 

An Act to authorize the First Congregational Parish in West Cambridge to Chcip. 183 
enclose their Land. 

Be it enacted bi/ the Senate and House of Representa- 
tives^ in General Court assembled, and by the authority of 
the same, as folloius : 

Sect. 1 The First CoiiQ'reo-atioiial Parish in the town of Maye"<^^iose 

liincls ccc. 

West Cambridge are hereby authorized and empowered to 
enclose the land belonging to said parish, and to make sucli 
change in the roads and ways by which said land is tra- 
versed as they may think proper, and as shall be approved 
by the selectmen, or a majority thereof, of said town : y:»/-o- Proviso. 
vided, that there shall be reserved to Nathan Robbins, his 
heirs and assigns, a way two rods in width, upon and over 
said land, and extending along the easterly line of his estate, 
from Main Street to the wall of the burial ground ; ho not 
being authorized hereby to remove any shed now on said 
way without the consent of the owner thereof. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, May 24, 1856.] 



An Act in addition to an Act in relation to Law Library Associations. Chcip. 184 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloius : 

The counsellors and attorneys at law, duly admitted to May organic 
practice in the courts of this Commonwealth, resident in library asso- 
either of the counties, who have omitted to organize a law "**'°°*' 
library association in their respective counties, are hereby 
authorized to organize themselves in their counties respec- 
tively, into an association, by the name of the Law Library 
Association for such county, under the like provisions, and 
Avith the same rights, powers and chities, as if the said asso- 
ciation had been organized within the time prescribed by 
the ninety-fourth chapter of the statutes of the year eighteen 
hundred and fortj'-two ; and said association, when so organ- 
ized, shall be deemed and taken to be a corporation, and 
entitled to all the privileges, and subject to all the provisions 
applicable to law library associations, created under, and 
pursuant to the act aforesaid. \_Approved by the Governor, 
May 24, 1856.] 



108 1856.— Chapters 185, 186, 187, 188. 

Chap. 185 -A-N Act in relation to Sheriffs and their Deputies. 

Be it enacted by the Senate and House of Representa- 
tives^ in General Court assembled, and by the authority of 
the same, as folloivs : 

Fees for travel. EvGry sheriff aiicl deputy-sheriff who shall attend on any 
court of record, or at any meeting of the county commis- 
sioners, by their order, shall be allowed for his travel, out 
and home, four cents a mile, once during each week that 
they may be in attendance. '[Approved by the Governor, 
May 24, 1856.] 

C^hnn 1 86 ^^ ^'^^ concerning Idle and Disorderly Persons. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Actdefined. Tlic words "idle and disorderly persons," in the fifth 

section of the one hundred and forty-third chapter of the 
Revised Statutes, shall be held to include all persons, who 
neglect all lawful business, and habitually misspend their 
time, by frequenting houses of ill fame, gaming-houses or 
tipling shops. [Approved by the Governor, May 24, 1856.] 

Chttt). 187 ^^ ■^^'^ "^ addition to an Act to incorporate the Cutting Machine Manufac- 
"' turing Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Additional Sect. 1. The Cutting Machine Manufacturing Company, 

powers. ^^ addition to their present powers, are hereby authorized to 

do repair work, and make such machines as may be con- 
nected with the manufacture and use of their cutting ma- 
chines. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, May 24, 1856.] 

Chav 1 88 -^^ ■^^^ *° enable parties in Civil Actions to be Witnesses therein. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Parties in actions Partics lu all civ^l actious may be admitted to testify in 

may testify, &c. ^^qIy q^^j^ favor, aiid may be called as witnesses by the oppo- 

ProTiso. site party : provided, that no party so testifying shall be 

compelled to criminate himself; and provided, also, where 

the original party to the contract, or cause of action, is dead , 



1856.— Chapter 189. 109 

or when an executor or administrator is a party to the suit, 
the other party shall not be admitted to testify. [^Approved 
by the Governor, May 26, 1856.] 

An Act in addition to an Act to supply the City of Worcester with Pure CJlCW 1 89 

Water. ^ ' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The city of Worcester is hereby authorized and water, where ob- 
empowered to take and convey into and through the said 
city, the waters of Kettle Brook, so called, in the south- 
westerly part of said city, the waters of the same to be taken 
from said brook at a point about two miles from the village 
of New Worcester, so called, by an aqueduct, direct into 
said city, or at a point higher up said brook, in the town of 
Leicester, and conducted by an artificial channel into Hcn- 
shaw Pond, so called, in said town of Leicester, and so 
through said pond and along with the waters of said pond 
into said city ; or, take the waters of Half-way River, so 
called, in the southerly part of Worcester, from a pond 
raised by means of a dam across the valley of said river ; 
or, to take water from Mill Brook or A^icinity, so called, 
in the northerly part of Worcester, or from Quinsigamond 
Pond, so called, in the easterly part of said Worcester, as 
the city council may elect, and to take and hold any water 
that may flow into any of said ponds or streams, or into and 
from either of the above water-courses, and any water-rights 
connected therewith, and any lands or estates necessary for 
the laying out and maintaining an aqueduct for conducting 
the waters from either of said sources to said city, and for 
forming reservoirs ; and may also take and hold land around May how land, 
the margin of either of said ponds, or around any reser- '^' 
voirs or water-sources which they may possess or create, in 
the valleys of said brooks, for the purpose of supplying the 
said city with pure water. 

Sect. 2. The said city of Worcester may make and build May bmia aque- 
an aqueduct from either of the aforesaid sources of supply, '^'^''^' ^''' 
to, into and through the said city, and secure and maintain 
the same by any works suitable therefor ; may erect and 
maintain a dam or dams at the outlet of either of said ponds, 
and across the valleys of either of said brooks, at the points 
above mentioned, and at other points above the same, to 
raise and retain the waters therein ; and may erect and 
maintain reservoirs, enlarge and alter water-courses, make 
and maintain hydrants in such places as may be deemed 



110 



1856.— Chapter 189. 



City to appoint 
officers, &e. 



City to issue 
fcrip. 



When payable. 



Price of water. 



proper ; may distribute the waters through the city, and for 
that purpose may lay down pipes through and across any 
street, road or higliway, or over and across lands to any 
buildings in said city ; may regulate tlie use of the water, 
and establish and fix rents or rates for the consumption and 
use thereof; and for the piirposes aforesaid, the city may 
conduct said aqueduct over, under or across, or along any 
street, highway, or other way, in such manner as not to ob- 
struct travel thereon ; and may enter upon and dig up any 
sucli road, street or highway, by consent of the town in 
which the same may be located, for the purpose of laying 
down pipes beneath tlie surface of the same, and for the 
repairing thereof. 

Sect. 3. The rights, powers and authority, given by this 
act, shall be exercised by the city of Worcester, subject to 
the restrictions, duties and liabilities, herein contained, in 
such manner, and by such officers, servants and agents, as 
the city council shall, from time to time, ordain, appoint and 
direct. 

Sect. 4. For the purpose of defraying the cost of such 
land, water and water-rights so taken and held as aforesaid, 
and of constructing and maintaining said aqueduct, reser- 
voirs and works necessary for the accomplishment of the 
end contemplated by this act, and all expenses incident 
thereto, the city council sliall have autliority to borrow, from 
time to time, such sums of money, and to issue bonds, notes 
or certificates, therefor, to be denominated on the face 
thereof, Worcester Water Scrip, to an amount not exceed- 
ing three hundred and fifty thousand dollars, bearing inter- 
est not exceeding six per cent., payable semi-annually, and 
the principal to be made payable at periods not less than ten 
years ^rom the date thereof; and the city council may sell 
the whole or any part of said scrip, from time to time, or 
pledge the same for money borrowed for the purposes of 
this act, on such terms and conditions as it shall deem proper. 
And the said city council is hereby further authorized to grant 
appropriations, and assess, from time to time, such sums of 
money, not exceeding in any one year the sum of ten thou- 
sand dollars, towards paying the principal of the moneys so 
borrowed, besides a sum sufficient to pay the interest thereof, 
in the same manner as moneys are appropriated and assessed 
for other city purposes. 

Sect. 5. To enable the city council to pay the interest 
as it may accrue upon said scrip, and ultimately the princi- 
pal thereof, it shall be lawful for the said council to fix and 
establish the price or rate which shall be paid for the use of 



1856.— Chapter 190. Ill 

any part of said water, by any taker thereof in said city, 
and the same to alter, from time to time, as may be deemed 
expedient. 

Sect. 6. If any person shall wantonly or maliciously Penalty for du 

,,. ^ i> n .-, -, vertiug water. 

divert the waters, or any part thereof, trom any ot the ponds, &c. 
brooks, reservoirs or water-sources, which shall bo taken by 
tlie city pursuant to the provisions of this act, or shall cor- 
rupt the same, or destroy or injure any dam, aqueduct, con- 
duit, pipe, hydrant or other property held and used by the 
city by authority and for the purpose of this act, every such 
person or persons shall forfeit and pay to the said city of 
Worcester, three times the amount of the damages that 
shall be sustained thereby, to be recovered in any proper 
action ; and upon indictment and conviction for either of 
said acts, shall be punished by a fine not exceeding one 
thousand dollars, and by imprisonment in the house of cor- 
rection of the county not exceeding one year. 

Sect. 7. All damao-es which may be sustained by reason Damages, how 

~. />! 1 1 1 assessed ana 

of the takmg l)y said city oi any ot the ponds or brooks paid, 
aforementioned, or of the water thereof, or the water-rights 
connected therewith, or of diverting any portion of said 
water from its natural channel into other channels, or of 
erecting and maintaining any dam or reservoir, or digging 
up any land, street, road or highway, and entering upon the 
same for laying, repairing and maintaining pipes, conduits, 
hydrants, and other apparatus necessary thereto, shall be paid 
by the said city of Worcester to the individual or corporation 
injured, which damages shall be assessed in the same man- 
ner as is provided in the twenty-fourth chapter of the Revised 
Statutes with regard to highways. 

Sect, 8. The provisions of this act shall be void unless Act void unless 
submitted to, and approved by, the voters of the city of '^''^'^"^^ ' 
Worcester, at meetings held simultaneously for that purpose, 
in the several wards, upon notice duly given, at least seven 
days before the time of holding said meetings. \^Approf:ed 
by the Governor, May 26, 1856.] 

An Act iu addition to an Act to incorporate the Worcester County Mechan- CllCt}). 190 
ics' Association. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The Worcester County Mechanics' Association may hold Additional reai 
real estate to an amount not exceeding fifty thousand dol- 
lars, in addition to tlie sum specified in the sixty-sixth chap- 
ter of the acts of the year one thousand eight hundred and 
fifty. [Approved by the Governor, May 28, 1856.] 



112 1856.— Chapters 191, 192, 193. 

Chctp. 191 -^^ -^f'T *^° incorporate the Homoeopathic Medical Dispensary. 

Be it enacted by the Senate and House of Representa- 
tives^ in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Joliii H. Wilkins, Cliarles B. Hall, Jacob 

Sleeper, of Boston, together with their associates and siic- 
Name. ccssors, be, and hereby are, made a corporation by tlie name 

Privileges, re- of tlic Homoeopatliic Medical Dispensary; with all the powers 
Rtnctions, &c. ^^^^ privilcgcs, and subject to all the duties, liabilities and 
restrictions set forth in the forty-fourth chapter of the Re- 
vised Statutes. 
May hold and dis- Sect. 2. Said corporatiou arc hereby authorizcd to make 
personal e?tate!^ purcliascs, aud rcceive grants and donations of real and 
personal estate, and to hold and manage, and to dispose of 
the same, as may be deemed best Ijy this corporation, for the 
better fulfilment of the charitable purposes aforesaid : pro- 
I'roviso. vided, that said real and personal estate shall not exceed in 

value the sum 'of fifty thousand dollars. 

Sect. 3, This act shall take effect from and after its 
passage. [^Approved by the Governor, May 28, 1856.] 

Chap. 192 ^'^ ^^'^ *° authorize David Low to extend the Wharf belonging to the heirs 
^' of George Parkhurst, deceased. 

Be it enacted by the Senate, and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

May extend Sect. 1. Davld Low Is hereby authorized to extend the 

wharf belonging to the heirs of George Parkhurst, deceased, 
in the " upper cove " in the harbor of Gloucester, fifty feet 

Rights, &c. from that wliarf as it now is ; and lie shall have the right to 
lay vessels at the end and sides of the said wharf, and 

Proviso. receive wharfage and dockage therefor : provided, that this 

act shall in no wise impair the legal rights of any person 
whatever. 

Sect. 2. This act shall take effect from and after its 
passage. [^Approved by the Governor, May 28, 1856.] 

ChciX> 193 ^^ -^^"^ *^ authorize Benjamin H. Breitt and Barnabas S. Young to build a 
' ' Wharf. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Wharf in Well- Benjamin H. Breitt and Barnabas S. Young are hereby 

"''''*" authorized to build and maintain a wharf from the north 

side of Great Island, so called, in the town of Wellfleet, 



wharf in Glouces- 
ter 



1856.— Chapters 194, 195. 113 

and to extend the same two Imndred feet from high-water 
mark : provided, however^ that the said wharf shall not Proviso, 
extend into the channel, so as to obstruct the navigation of 
said channel ; and they shall have the right to lay vessels at Rights, &o. 
the end and sides of said wharf, and to receive wharfage 
and dockage therefor : provided, that this act shall, in no Proviso, 
wise, interfere with the legal rights of any person or persons 
whatever; and provided, fur t/ier, that this grant shall not Provided, fur- 
extend beyond the first day of March, in the year one thou- "^"' 
sand eight hundred and sixty-one. [Approved by the Gov- 
ernor, May 28, 1856.] 

An Act authorizing the Fitchburg Gas Company to supply the Inhabitants of QJiap, 194: 
Fitchburg with Water. ^ 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The Fitchburg Gas Company are hereby authorized to Gas company 
supply the inhabitants of Fitchburg with water, by means of wa'ter,^*^:^'^ 
aqueducts, and may establish rents therefor ; and for tliat 
purpose, said company shall have the same powers, and he 
subject to all the duties, restrictions and liabilities, in laying Privileges, re- 
down pipes for the conveyance of water, that they now have, ^'™*'°'i^' ^°- 
or are subject to, by virtue of their charter, in laying down 
pipes for the conveyance of gas. [^Approved by the Gov- 
ernor, May 28, 1856.] 



An Act to incorporate the Boston and North Cambridge Omnibus Company. Chctp. 195 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Lewis Putnam, Henry A. Snow, Joseph A. corporators. 
Bruce, their associates and successors, are hereby made a 
corporation by the name of " The Boston and North Cam- Name. 
bridge Omnibus Company," for the purpose of maintaining Purpose. 
and running a line of omnibuses between the city of Bostoii 
and the northerly part of the city of Cambridge, through the privilege.?, re- 
town of Somerville, for the conveyance of passengers ; with '''™*'°'^^' *""• 
all the powers and privileges, and subject to all the duties, 
restrictions and liabilities, set forth in the forty-fourth chap- 
ter of the Revised Statutes. 

Sect. 2. Said corporation may hold real estate and per- Reai and personal 
sonal property to an amount not exceedhig twenty thousand ^'"^"'' *^*^'°^' 
dollars, and the whole capital stock shall not exceed the whoie capital, 
amount of thirty thousand dollars. *^'^''^- 

15 



114 



1856.— Chapters 196, 197. 



Sect. 3. This act shall take effect from and after 
passage. \_Approved by the Governor, May 28, 1856.] 



its 



Chap. 196 



Bridge in AVell- 
fleet. 



When to bo fin- 
ished. 



ChapA^l 



Corporators. 

Name. 

Duration. 

Purpose. 



PriTJ'eges, rc- 
gtrictions, &c. 



An Act to authorize the Selectmen of Wellfleet to build a Bridge, . ' " ■] 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The selectmen of the town of Wellfleet are 
hereby authorized and empowered to construct a bridge 
across the north-east arm of Duck Creek, in said town, from 
Hamblen's Island, so called, to some point eastward of the 
wharf of Timothy A. Daniels, the same being above naviga- 
tion on said creek. 

Sect. 2. Tlie said selectmen of Wellfleet shall lay out 
and finish said bridge within two years from the passage 
of this act. 

Sect. 3. Tbis act shall take effect from and after its 
passage. [Approved by the Governor, May 28, 1856.] 

An Act to incorporate the Boston Inland Mutual Insurance Company. 

Be it enacted by the Senate and House of Representa- 
tive's, in General Court assembled, and by the authority of 
the same, as follows : 

Caleb Stetson, Samuel Lawrence, James C. Converse, 
their associates and successors, are hereby made a corpora- 
tion by the name of the Boston Inland Mutual Insurance 
Company, to be established in Boston, and to continue for 
the term of twenty years, for the purpose of making insur- 
ance, on the mutual principle, against losses by fire and all 
marine risks, as well as against all inland navigation and 
transportation risks, upon goods, wares, merchandise and 
all otlier property to be transported from or to any place 
within this Commonwealth, to or from any and all places 
within the United States or the Canadas, with power also to 
contract for and insure the true and safe delivery of the 
same within such time and upon such terms as may be fixed 
by any agreement made by said corporation ; with all the 
powers and privileges, and subject to all the duties, restric- 
tions and liabilities, set forth in the thirty-seventh and 
forty-fourth chapters of the Revised Statutes, and in all 
statutes which have since been passed, or which may here- 
after be passed, relating to mutual fire and marine insurance 
companies. \_Approved by the Governor, May 28, 1856.] 



1856.— Chapters 198, 199. 115 

An Act to incorporate the South Reading Hotel Company. Chcip. 198 

Be. it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. E. G. Stevens, B. TV. Ro'jinson, James M. curporatow. 
Stone, tlieir associates and successors, are hereby made a 
corporation under the name of the " South Reading Hotel xtimc. 
Company," for the purpose of erecting a hotel in the town Purpose. 
of South Readhig, and maintaining such public house and 
the improvements connected therewith ; and for these pur- P"7''.''ges, re- 
poses, shall have all the powers and privileges, and be sub- ' 
ject to all the duties, restrictions and liabilities set forth in 
the forty-fourth chapter of the Revised Statutes : provided. Proviso, 
that the said corporation shall not carry on the business of 
hotel-keeping, or be in any way interested in such business. 

Sect. 2. The whole amount of real and personal estate, fstatrSooo"*^ 
or capital stock, which said corporation may hold for the 
purposes aforesaid, shall not exceed forty thousand dollars 
in value. \_Approved by the Governor, May 28, 1856.] 

An Act to change the Name of the Female Medical Education Society to New Chdp. 199 
England Female Medical College, and to reorganize the same. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The name of the Female Medical Education Name cbanged. 
Society, shall hereafter be New England Female Medical 
College. 

Sect. 2. All the government and business of said col- Government of 
lege shall be conducted by a board of trustees, consisting of "^^ ''°'^' 
tiventy members. The present directors, to wit, — John S. 
Tyler, Benjamin C. Clark, Samuel E. Sewall, Adam W. 
Thaxter, Jr., Dexter S. King, John P. Jewett and Samuel 
Gregory, shall be trustees tilL others are chosen in their 
stead. 

Sect. 3. At the first meeting of the above named seven cuoiee of trus- 
trustees of said college, they shall choose thirteen persons *^'^*- 
to complete the board of trustees. When the number of 
twenty is thus completed, they shall be divided, by lot, into 
five classes of four each, whose terms of office shall succes- 
sively expire in one, two, three, four and five years ; and at 
the end of eacli year four trustees sliall be chosen for five 
years, the choice to be made by the sixteen trustees remain- 
ing in office. 

Sect. 4. The trustees shall have power to fill all vacan-Po'.versoftrus- 



116 1856.— Chapters 200, 201. 

cies, occurring from any cause, in their board ; to elect a 
president, secretary, treasurer, and such other officers as 
they may consider necessary ; to make by-laws ; to appoint 
professors, who shall constitute a medical faculty ; and to 
confer the usual degree of doctor of medicine, 
mwntotake Sect. 5. Tliis act sliall take cffcct as soon as the same 

shall liave been accepted at a meeting of the Female Medi- 
cal Education Society, called for the purpose ; of which 
meeting notice shall be given by said directors, by publish- 
ing a call for the meeting in not less than three of the news- 
papers printed in Boston, at least six days before the meeting. 
\_Approved by the Governor^ May 28, 1856.] 

dhdp. 200 -A-N Act to authorize the Directors of Liberty Hall Association to purchase 

and hold additional Real Estate. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the avthoriiy of 
the same, as follows: 

Directors author- Sect. 1. TIic Dlrcctors of Liberty Hall Association, in 
additionS^rea'ies- tlic city of Ncw Bcdford, are authorized to purchase real 
***'^- estate for the purposes of said association, to an amount not 

Not to exceed excccding tcu thousaud dollars, to be held by the proprietors 
$10,000. ^^ g^-^:^ association, in common with the other property be- 

longing to said association ; and they may raise money for 
the same by assessments on the members, and collect the 
same in the same manner as provided by the forty-third 
chapter of the Revised Statutes, for raising money for other 
purposes by associations organized under that chapter. 
Not to take effect Sect. 2. TMs act sliall uot takc efiect unless duly ap- 
' "■ proved by the proprietors of Liberty Hall Association, at a 
meeting duly called for that purpose. \^Approved by the 
Governor, May 28, 1856.] 

Chap. 20 1 -^^ ^^^ ^^ incorporate the West Roxbury Railroad Company. 

Be it enacted by the Senate and Hoiise of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Stephen M. Weld, William Wellington, Jr., 

and John Gardner Weld, their associates and successors, 
are hereby made a corporation by the name and title of the 

Power to con- West Roxbury Railroad Company ; with power to con- 
struct, maintain and use a railway or railways, with conve- 
nient single or double tracks, from such point or points of 
the town of West Roxbury, upon and over the streets or 
highways therein, to the line separating said town from the 



struct railway. 



1856.— Chapter 201. 117 

city of Roxbury, as shall be, from time to time, fixed and 
determined by vote of the selectmen of said town, and 
assented to in writintr by said corporation ; and at said line 
to connect with the Metropolitan Railroad Company, at such 
points as may be agreed upon, in writing, between two said 
railroad companies, and assented to by a vote of the mayor 
and aldermen of said city of Roxbury : provided, that all Proviso. 
tracks of said railroads shall be laid at such distances 
from the sidewalks in said town, as the selectmen thereof 
shall, in their orders fixing the routes of said railroad, 
determine to be for the public safety and convenience : 
provided, further, ihsit before the location or construction Proviae.i, fm-- 
of any track in any street, the selectmen of said town shall 
give notice to lao d)utters thereon fourteen days, at least, 
before the heai .: that they may show cause, if any there 
be, why said traciv ; liall not be so located and constructed ; 
and said corporation shall have power to fix, from time to 
time, such rates of compensation for transporting persons or 
property thereon, as they may think expedient, and be sub- 
ject to all the duties, restrictions and lialnlities, and entitled 
to all the rights and privileges, prescribed by the forty-fourth 
chapter of the Revised Statntes: provided, Itoivever, that Providea, how- 
nothing herein contained shall be so construed as to author- ''''''^' 
ize the construction of any part of the railway hereby 
authorized, within the limits of the city of Roxbury. 

Sect. 2. Said tracks or road shall be operated and used norse-power, 
by said corporation with horse-power only, and it shall not 
connect its track with any other railroad on which other 
power is used. The selectmen of said town shall have 
power, at all times, to make all such regulations, as to the 
rate of speed and mode of use of said tracks, as the public 
convenience and safety may require. 

Sect. 3. Said corporation shall maintain and keep in Repairs, &e. 
repair such portion of the streets, respectively, as shall be 
occupied by their tracks, and shall be liable for any loss or 
injury that any person may sustain, by reason of any care- 
lessness, neglect or misconduct of its agents and servants, in 
the management, construction or use of said tracks or 
roads ; and, in case any recovery shall be had against 
said town by reason of such defect, want of repair or use, 
said corporation shall be liable to pay to said town any sums 
thus recovered against it, together with all cost and reason- 
able expenditures incurred by said town, in the defence of 
any such suit or suits, in which such recovery shall be had ; 
and said corporation shall not encumber any portion of the 
streets jiot occupied by the said road or tracks. 



118 



1856.— Chapter 201. 



Fine for obstruct- 
ing, &c. 



Capital stock, 
$200,000, in 
shares of $50. 



May hold real es 
tate. 



AVcst Koxbury 
may purchase 
franchise, &c. 



Gauge and grade 
of road. 
Proviso. 



Act not to pre- 
vent authorities, 
&c. 



Act void unless, 
&e. 



Sect. 4. If any person shall wilfully and maliciously 
obstruct said corporation in tho use of said road or tracks, 
or tho passing of tlie 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 liiglnvay, or the passing of any carriages over 
the same, such corporation shall be punished by a fine not 
exceeding five hundred dollars. 

Sect. 5. The capital stock of said corporation shall not 
exceed the sum of two hundred thousand dollars, to be 
divided into shares of fifty dollars each ; and no shares shall 
be issued for a less svim, to be actually paid in on each, than 
the par value of the shares which shall first be issued. 

Sect. 6. Said corporation shall have power to purcliase 
and hold such real estate, within said town, as may be neces- 
sary or convenient for the purposes and management of said 
road. 

Sect. 7. The town of West Roxbury 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 cor- 
poration, by paying them therefor such a sum as will reim- 
burse 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 stockholder thereon. 

Sect. 8. The said road shall be constructed and main- 
tained in such form and manner, and upon such grade, and 
with such gauge, as the selectmen of said town may, in 
their votes, fixing and determining the routes thereof, as 
aforesaid, prescribe and direct ; and whenever, in the judg- 
ment of said railroad corporation, it shall be necessary to 
alter the grade of any street so occupied by it, such altera- 
tion may be made at the sole expense of said corporation : 
provided, the same shall be assented to by the selectmen of 
said town. 

Sect. 9. Nothing in this act shall be construed to pre- 
vent the town authorities of said town from taking up anj 
of the public streets traversed by the said railroad, for the 
purposes for which they may lawfully take up the same. 

Sect. 10. This act shall be void so far as relates to the 



1856.— Chapters 202, 203. 119 

right to construct said road in said town, unless the same 
shall be accepted by the citizens thereof in town meeting, 
and nnless the same shall be accepted by said corporation, 
and ten per cent, of the capital thereof paid in, within two 
years from the passage of tliis act. 

Sect. 11. Tlie said corporation shall be deemed a rail- ifetums. 
road corporation, so far as to be subject to make such annual 
returns to the legislature as are, or may be, prescribed by 
law ; but not to the other general provisions of law in rela- 
tion to railroad corporations. 

Sect. 12. The existence of said corporation is hereby Duration. 
limited to the period of fifty years from the passage hereof. 
[Approved by the Governor, May 28, 1856.] 

An Act to authorize the appointment of Auditors, and defining their Powers. Chct)). 202 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Whenever a cause is at issue in any court, court nmv ap- 
whether the form of the action be contract, tort, or replevin, p""^' '^"'^'*°'-^- 
the justice of the court before whom the same is pending, 
may, in his discretion, appoint one or more auditors to hear 
the parties and report upon such matters therein as may be 
directed by the said court ; and tlie report in such case shall i?eport to be evi- 
be prima facie evidence upon such matters only as are "'"'^*'' 
expressly embraced in the order of the court. 

Sect. 2. This act shall take effect from and after its 
passage. {^Approved by the Governor, May 28, 1856.] 

An Act authorizing the County Commissioners of the County of Essex to lay (Jhn'if 90S 
out and construct a Highway in the Tovrn of Manchester. i 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The county commissioners of the county of Highway iu Man- 
Essex are hereby authorized and empowered, if, in their '^'^'^^'''i- 
judgment, they deem it expedient, to lay out a highway in 
the town of Manchester, commencing at a point near the 
depot of the Gloucester Branch Railroad, crossing said road 
and the tide-water of the creek next adjoining said railroad, 
and also the creek known as Day's Creek, so called, to some 
convenient point on the Old Neck, so called. Said commis- 
sioners, in laying out and constructing said highway, sliall 
conform to all laws with regard to the laying out of high- 
ways and bridges. 



120 1856.— Chapters 204, 205, 206. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, Map 28, 1856.] 

Chap. 204 -A-N Act to establish and confirm the Boundary Line between the Town of 
-» * Chilmark and the Indians of Gay Head. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Boundary line The bounclary line between the town of Chilmark and the 
established. -^^^^^ ^f ^l^g Iiidlans of Gaj Head, in the connty of Dukes, as 
laid down and described in the report of the conmiissioners 
appointed under the resolve of the legislature, approved the 
ninth day of March, eighteen hundred and fifty-five, is here- 
by established and confirmed. \_Approved by the Governor, 
May 28, 1856.] 

ChoV) 205 ^^ ■^^'^ ^° authorize Joseph Friend, Frederic Norwood and Samuel K. 
-' * > Friend, to extend their Wharf. 

Be it enacted by the Senate and House of Representa- 
tives, in Genercd Court assembled, and by the authority of 
the same, as folloivs : 

May extend Sect. 1. Joscpli Fi'lcnd, Frcdcric Norwood and Samuel 

rer!"'^'°^''°''"''"K. Friend, are hereby authorized to extend their wharf in 

the " Upper Cove," in the harbor of Gloucester, thirty feet 
Rights, &c. from their wharf as it now is ; and they shall have the right 

to lay vessels at the end and sides of the said wharf, and 
Proviso. receive wharfage and dockage therefor : provided, that this 

act shall in no wise impair the legal rights of any person 

whatever. 

Sect. 2. This act shall take effect from and after its 

passage. [Approved by the Governor, May 28, 1856.] 



Chan. 206 ^^ ■^^'^ to confirm the Title of certain lands in Tisbury to Jemima Easton 
^' and lier Heirs, and other Indians of Deep Bottom. 

Be it enacted by the Senate and House of Representa- 
tives, in Genercd Court assembled, and by the authority of 
the same, as follows : 

Title e.stabiished. Sect. 1. Thc title of all the tract of land known as 
Deep Bottom, situate in the town of Tisbury, in the county 
of Dukes County, with all rights, privileges and appurte- 
nances thereto belonging, is hereby established and con- 
firmed, in accordance with the report of the commissioners 
appointed under the resolve of the legislature, approved the 
seventeenth day of May, eighteen hundred and fifty-five, 
namely: To James Look of Tisbury, and his heirs and 



1856.— Chapter 207. 121 

assigns, and to William Sanford Vincent, and his heirs and 
assigns forever, the several tracts to them respectively allot- 
ted and bounded as described in the appendix to the report 
aforesaid, and in the plan accompanying the same, and the 
remainder of the said land to Jemima Easton and her heirs 
and assigns, and to the other Indians of Deep Bottom, and 
their heirs and assigns, forever. 

Sect. 2. John Vinson, Esquire, of Edgartown, or such Apportionment 

-"J-'.". ■'-..of lands among 

other person as the governor may appoint m his stead, m the Indians. 
case of inability or refusal of said Vinson to act in this mat- 
ter, is hereby authorized, — in conjunction Avith any other 
person whom the majority of the Indians at Deep Bottom, of 
lawful age, of both sexes, may appoint, subject, however, to 
the approval of the governor, — to make such division and 
apportionment of the lands at Deep Bottom among the said 
Indians, as they may deem just and equitable ; and such 
apportionment and division shall, after being recorded in the 
registry of deeds in said county, vest a fee simple in each 
parcel of said lands, in such Indian or Indians, as such par- 
cel may be apportioned and assigned to in the said division : 
provided, hoivever, that if any of the said Indians shall Proviso, 
represent themselves as aggrieved in the division and ap- 
portionment of said lands, to the governor and council, a 
revision of said division and apportionment may be ordered 
by the governor and council, if they shall see fit ; and in 
case of such complaint, no registry shall be made thereof 
until it shall have been approved by them. 

Sect. 3. The said John Vinson, and such as may be Distribution of 
authorized, as above provided, for the distribution of said '°^°^'^^' 
lands, are also hereby authorized to receive from the com- 
missioners named in the first section, the several sums of 
money paid to them by way of compromise and settlement, 
as stated in their report ; and to divide and distribute the 
same among the said Indians in such manner as they may 
deem just and equitable. [^Approved by the Governor, May 
28, 1856.] 

An Act to amend the Charter of the City of Lowell. Chap. 207 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. At the annual city election in the city of Lowell, Election of school 
on the second Monday of December next, there shall be ''°'""" 
elected in each ward one person, being an inhabitant of said 
ward, to be a member of the school committee of said city, 

16 



122 1856.— Chapter 208. 

for the term of one year from the first Monday in January 
next ; and another person, being also an inhabitant of said 
ward, to be a member of the school committee of said city, 
for the term of two years from the first Monday in January 
next : and at the annual city election in said city on the 
second Monday in December in each year thereafter, there 
shall be elected in each ward in said city, one person, being 
an inhabitant of said ward, to be a member of the school 
committee of said city, for the term of two years from the 
first Monday in January next following such election. 
Committee how Sect. 2. Thc uiavor and president of the common council, 

constituted. n^ ■ ■ i ■it i t ■ ^ ^ • 

ex officiis, together with the persons elected as provided m 
the first section, shall constitute the school committee of 
Lowell. 
Act void, unless Sect. 3. Tliis act sliall be void unless accepted by a 
aecepec, c. jj^gJQpj^y gf i\^q legal votcrs of Said city, voting thereon, at 
the election to be holden in said city on the second Monday 
in June next. ^ \_Approved by the Governor, May 29, 1856.] 

Chcip. 208 -^^ -^CT in relation to Certain Proceedings in Probate Courts. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the. authority of 
the same, as follows : 

Case may be re- Sect. 1. Aiiv iudgc of probatc ill tliis Commoiiwealtli 

moved to adjoin- i "'•'P,.^,,. , , 

ing county when may ordcr any case in which he is, or may be executor, 
judge is executor, administrator, guardian or trustee, and which was, or may 
be, unfinished and pending at the time of his appointment 
in the court of which he has been, or may be, appointed 
judge, to be removed to the probate court of the most ancient 
adjoining county ; and upon such order the case shall be so 
removed, and copies of the records of proceedings had in 
the case, and copies of all papers filed therein, shall there- 
upon be entered, filed and recorded in the probate court of 
the latter county ; and after such removal, the further pro- 
ceedings in the case and the disposal and settlement thereof, 
shall be the same in the county to which it may be thus 
removed, as if it had been originally commenced therein, 
giving full effect to all proceedings had in the case previous 
to its removal. 
Same, if any way Sect. 2. Any judgc of pi'obatc may, on motion of any 
party in the case, or of any person interested therein, order 
any case commenced before his appointment as judge in the 
court of which he is, or may be judge, and in which case 
such judge was retained, or employed as counsel, or other- 
wise concerned or interested before his appointment, to be 



1856.— Chapters 209, 210, 211. 123 

removed to the most ancient adjoining county ; and upon 
such order the case shall be so removed, in the same man- 
ner, and with the same effect, as provided in relation to the 
removal of certain other cases by the first section of this act ; 
and unless such motion shall l)e made, such case need not 
be removed, and the court in which the same was commenced 
may continue to have jurisdiction therein. 

Sect. 3. This act shall take effect from and after its 
passage. [^Approved by the Governor^ May 30, 1856.] 

An Act relating to the Record of Attachments. ClKip. 209 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the aidhority of 
the same, as foUoins : 

The thirtieth section of the ninetieth chapter of the Duty of cierus in 
Revised Statutes, is so far amended, that in cases where ment. ° 
there are more tlian one defendant, the clerk shall not be 
required to enter in the book therein mentioned, the name 
of any defendant whose real estate is not attached. [^A^i- 
proved by the Governor, May 30, 1856.] 

An Act to incorporate the Abington Mutual Fire Insurance Company. Chttt) 210 
Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Asaph Dunbar, Joshua L. Nash, William Brown, corporators. 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Abington Mutual Fire Insurance Com- Name. 
pany, to be established in the town of Abington, for the term Term. 
of twenty-eight years, for the purpose of insuring dwelling- Purpose. 
houses and other buildings, and personal property, against 
loss or damage by fire ; with all the powers and privileges, Privilege*, re- 
and subject to all the duties, liabilities and restrictions, set *'™''°°^' ^''• 
forth in the thirty-seventh and forty-fourth chapters of the 
Revised Statutes, and all other laws of this Commonwealth, 
made or to be made, relating to such corporations. 

Sect. 2. This act shall take effect from and after its 
passage. \_Approved by the Governor, May 30, 1856.] 

An Act to incorporate the Farm Pond Fishing Company, in Edgartown. Chcip. 211 

Be it -enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Elijah Norton, Benjamin Davis and Orlando E. corporators. 
Davis, their associates, successors and assigns, are hereby 



124 



1856.— Chapter 212. 



Name. 
Power, &c. 



Proprietors may 
regulate herring 
fishery. 



Penalty for un- 
lawful fishing. 



Rights of adjoin- 
ing owners. 



Existing rights 
not affected. 



made a corporation by the name of the " Farm Pond Fish- 
ing Company, in Edgartown," in Dukes county ; and are 
empowered to close the present outlet of said pond, and to 
make another outlet at such place as they may select, 
through the lands of said proprietors, to the Vineyard 
Sound, for the purpose of creating a herring fishery. 

Sect. 2. The aforesaid corporation are hereby empow- 
ered, by seines, nets, or otherwise, to take herring from the 
waters of the said pond, or the outlet thereof, at such times 
as a majority of the proprietors, at a legal meeting, may 
direct. 

Sect. 3. If any person shall set, stretch or drag, a seine 
or net in said pond,or outlet thereof, except as above provided, 
without the consent of said company, he shall forfeit and 
pay to the use of said company, the sum of ten dollars for 
each oftence, and an additional siim of ten dollars for each 
and every barrel of herring so taken, to be recovered in any 
court proper to try the same : provided, however, that noth- 
ing in this act' shall prevent any person from taking any 
other fish from said pond. 

Sect. 4. The present owners of lands adjoining the said 
pond, or creek, or outlet, shall have each one share only in 
said fishery ; and no one of them shall, by conveyance or 
descent of his lands, create or cause to be created, an addi- 
tional number of shares : provided, however, that each of 
the present owners, or his successors or assigns, may divide 
his original share into parts or fractions. 

Sect. 5. The foregoing provisions of this act shall 
not affect the existing rights of any person or corporation. 
\^Approved by the Governor, May 80, 1856.] 



Chdn ^\'2i -^^ -^^^ ^° incorporate the Independent Benevolent Society, in Newburyport. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the autJiority of 
the same, asfolloivs : 

Sect. 1. Patrick McGlew, George E. Eogers, Patrick 
Henry, Francis Waters, Hugh McGlew and Timothy Fay, 
their associates and successors, are hereby made a corpora- 
tion by the name of the Independent Benevolent Society, 
at Newburyport, for benevolent and charitable purposes ; 
with all the powers and privileges, and subject to all the 
duties and liabilities set forth in the forty-fourth chapter of 
the Revised Statutes. 
Real and personal Sect. 2. Said corporatiou may take and hold real and 

estate not to ex- . i „„i„ " ' " " 

ceed $5,000. 



Corporators. 



Name. 
Purpose. 

Pi'ivileges, re- 
strictions, &c. 



estate not to ex- pg^g^jj^i cstate, uot excccding the value of five thousand 



1856.— Chapters 213, 214. 125 

dollars, for the aforesaid benevolent and charitable pur- 
poses. 

Sect. 3. This act shall take effect on and after its 
passage. \_Approved by the Governor^ May 30, 1856.] 



An Act in addition to an Act to incorporate the Lynn Library Association. Hhr,^^ 91 ^ 

Be it enacted by the Senate and House of Ilepresenfa- 
tives, in General Court assembled, and by the authority of 
the same, as follovjs : 

Sect. 1. The trustees named in the second section of Trustees, how 
an act to incorporate the Lynn Library Association, passed '''^''^^°" 
March twenty-fourth, in the year of our Lord one thousand 
eight hundred and fifty-five, shall be chosen by the members 
of the association, at a meeting legally called for that pur- 
pose. 

Sect. 2. So much of the above named act as is incon- r^irtiai repeal, 
sistent witli this act is hereby repealed. 

Sect. 3. This act shall take effect from and after its 
passage. \^Approved by the Governor, May 30, 1856.] 

Ak Act for the protection of the Fisheries on the South Shore and Bays, on (7/3/7 ij 914 
the South Side of the Town of Barnstable and District of Marshpee. ^ ' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. It shall be unlawful to set or draw any seine or seine fishing pro- 
dragnet, to take fish, in any of the bays, or in waters witliin Apruto^^N" 
one mile from the beach and shore on the south side of the ^^"''er. 
town of Barnstable and district of Marshpee, within the limits 
between Succanesset Point and Point Gammon, between the 
first day of April and the first day of November, in each 
year. 

Sect. 2. The provisions of the sixteenth section of the rrovisious of k. 
fifty-fifth chapter of the Ee vised Statutes, concerning the Ldug''''sh'en^fi.-h 
taking of shell fish in the town of Chatham, shall be, and extended. 
the same hereby are, extended to the south shore of the 
town of Barnstable and district of Marshpee. 

Sect. 3. Every person violating any provision of this act, Penalty. 
shall forfeit and pay, for each offence, not less than twenty 
nor more than one hundred dollars, to be recovered, togeth- 
er with costs of suit, by an action of tort, brought by any 
inhabitant of said town or district, in any court competent 
to try the same. 

Sect. 4. Any boat, craft or seine, being in tlie posses- Boats, &c., tIo- 
sion or use of any person violating the provisions of this act, seiiufe."''^^* *" 



126 



1856.— Chapter 215. 



Proviso. 



Provided, fur- 
ther. 



Fines, liow dis- 
posed of. 



Certain seine fish- 
ing lawful. 



at the time and place of such vioLation, may be seized by 
any inhabitant of said town or district, and detained, not 
exceeding forty-eight hours, in order that the same, if need 
be, may in that time be attached or arrested, by due process 
of law, for the better security of the payment of the said 
fines and forfeitures, with ^ost : provided, hoivever, that if 
the person owning or so in the possession or use of such boat 
or craft, shall, before being sued therefor, pay said highest 
named penalty, to either the treasurer of the town of Barn- 
stable or of the district of Marshpee, such boat or craft shall 
be discharged, with the contents therein ; nwd provided, also, 
that if the person owning, or so in the possession or use of 
such seine sliall, as aforesaid, pay as aforesaid, the said 
lowest named penalty, such seine shall be discharged in like 
manner. 

Sect. 5. All forfeitures and penalties recovered and re- 
ceived, by virtue of this act, shall go, one-half to the com- 
plainant and \tlie other half for the use of the said town, if 
the complainant shall be an inhabitant thereof, or for the 
use of said district, if the complainant shall be an inhab- 
itant of said district. 

Sect. 6. Nothing in this act contained shall be con- 
strued to prevent the taking of menhaden or mackerel, by 
the use of seines, within the said waters between Succanes- 
set and Point Gammon, when used bona fide, for that pur- 
pose, and not for the purpose of taking other fish. 

Sect. 7. This act shall take effect from and after its 
passage. \_Approved by the Governor, May 30, 1856.] 

ChaV 215 -^^ ■^^'^ relating to the Organization of Corporations for Educational, Charita- 
^' ble and Religious Purposes. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Any seven or more persons within the Common- 
wealth who shall, by writing, associate themselves together 
under any name, by them assumed, for educational, charita- 
ble or religious purposes, and shall comply with the provi- 
sions of this act, shall, with their successors, be and remain, 
a body politic and corporate. 

Sect. 2. The purpose for which such corporation shall 
be established, and the town or city within which it is estab- 
lished or located, shall be distinctly specified in their articles 
of association, and it shall not be lawful for such corpora- 
tion to appropriate its funds to any other purpose. 
Privileges, re- Sect. 3. Any corporatlou organized in accordance with 

strictious, &c. 



ceven or more 
persons may or- 
ganize as cor- 
poration.s. 



Purposes, &e. 
be specified. 



1856.— Chapters 216, 217. 127 

the provisions of this act, shall have all the powers and priv- 
ileges, and he subject to all the duties, liabilities and restric- 
tions, set forth in the forty-fourth chapter of the Revised 
Statutes, so far as the said provisions shall be applicable to 
corporations organized under the provisions of this act. 

Sect. 4. Such corporations may hold real and personal Real ana personal 
estate necessary for the purposes of said organization, to any ceea $200,000. 
amount not exceeding two hundred thousand dollars. 

Sect. 5. The real and personal estate of any company. Not exempt from 
organized under the provisions of this act, shall not be ex- 
empted from taxation in any case where any part of the 
income or profits of tlie business of such corporation is 
divided among the members or stockholders of said corpo- 
ration, or where any portion of said real and personal estate 
is used or appropriated for other than educational, charita- 
ble or religious purposes. [^Approved by the Governor^ May 
30, 1856.] 

An Act concerning General Fields. CIlCip. 216 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

At all meetings of proprietors of general fields, for adopting Enclosed lands 
rules or regulations as to pasturing their lands, where any oned in voting, 
proprietor's land is enclosed for his own exclusive benefit, 
the land so enclosed shall not be valued or reckoned in 
determining said proprietor's right to vote on questions 
relating to the pasturing of said proprietor's lands. \^Ap- 
proved by the Governor, May 30, 1856.] 

An Act concerning Beaches in the Town of Swampscott. Chci)). 217 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. No person shall carry away or remove, by land sand, &c. notto 

i '' -If T J i''" removed iin- 

or water, any sand, stones, gravel, or mud, from tlie several less by permis- 
beaches in the town of Swampscott known as King's Beach, ^'""' 
Blaney's Beach and Wliale Beach, without permission first 
obtained from the selectmen of said town, or from some per- 
son or persons duly authorized by the said selectmen to 
grant such permission. 

Sect. 2. Any person who shall offend against any of the Penalty for 
provisions of this act, shall forfeit and pay for each ollcnce ° ''"""'^' 
a sum not exceeding twenty dollars, to be recovered by 
complaint or indictment in any court of competent jurisdic- 



128 1856.— Chapters 218, 219. 

tion, one-half for the use of the complainant, the other half 
for the use of the said town. 

Sect. 3. This act shall take effect from and after its pas- 
sage. [^Approved b>/ the Governor, Jlo^y 30, 1856.] 

Chcip. 218 An Act to incorporate the "Worcester Peat Company. 

Be it enacted hij the Senate and House of Representa- 
tives, in General Co^irt assembled, and by the authority of 
the same, as foUoivs : 

Corporators. Sect. 1. Edwai'd Earl, William Dickinson and John 

Field, their associates and successors, are hereby authorized 

Name. to orgauizc a corporation, by the name of the Worcester Peat 

Purpose. Company, for the purpose of digging and preparing peat for 

Real ana personal fucl, witli tlic right to liold rcal and personal estate, neces- 

estate. ^^^^ ^^^^ convenicnt therefor, to an amount not exceeding 

Privileges, re- fifty tliousaud dollars ; with all the powers and privileges, and 

s ucious, c. g^^^jjggt tQ jj^ll the duties, restrictions and liabilities, set forth 

in the one hundred and thirty-third chapter of the acts of 

the year one thousand eight hundred and fifty-one, and the 

several acts in addition thereto. 

Sect. 2. This act shall take effect from and after its 
passage. \^Approved by the Governor, May 30, 1856.] 

Chap. 219 An Act to incorporate the Trustees of the Funds of Trinity Church in Bridge- 
water. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Corporators. Sect. 1. Alfred L, Baury, of Boston, Theodore Edson, 

of Lowell, and John Edson, of Bridgewater, their associates 

Name. and succcssors, are herel^y made a corporation, by the name 

Privileges, re- of tlic Trustccs of tlic Trinity Church in Bridgewater ; with 
all the powers and privileges, and subject to all the duties, 
restrictions and liabilities, set forth in the forty-fourth chap- 
ter of the Revised Statutes. 

Corporation may Sect. 2. Said corporatioii may receive and hold all the 
funds of said Trinity Church, and such other real and per- 
sonal estate as may accrue to or for the benefit of said church, 
by gift, grant, or otherwise, and apply the same in the way 
and manner which has been, ' or may be provided, by the 
donor or donors, and for no other purpose whatever : pro- 
vided, that the whole amount of the aforesaid funds, together 
with such real and personal estate as may be added thereto, 
shall not exceed twenty thousand dollars. 

Sect. 3. Said trustees shall have power to make and 



strictions, &c. 



liold funds. Sec. 



1856.— Chapters 220, 221. 129 

establish such by-laws as they may judge necessary, to fill all vacancies, 
vacancies that may occur in their body, by death, resigna- 
tion, or otherwise ; and at the first meeting of said trustees, 
or at any annual meeting thereof, the number of trustees 
may be increased, if judged expedient by those present: Numberoftms- 
provided, that the whole number shall not exceed nine, nor proviso, 
be less than three. 

Sect. 4. This act shall take effect from and after its 
passage. \^Approved by the Governor, May 30, 1856.] 

An Act to incorporate the Nantucket Propeller Company. Ckcip. 220 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Edward G. Kelley, Alanson Swain, their asso- corporators, 
ciates and successors, are hereby incorporated, for the pur- Purpose, 
pose of running steam propellers between Nantucket and 
New York, with a capital stock not exceeding fifty thousand capital, $50,000. 
dollars; with all the rights and privileges, and subject to ^^^^^'^i^^^,^- 
all the duties, liabilities and restrictions, set forth in the 
thirty-eighth and forty-fourth chapters of the Eevised Stat- 
utes. 

Sect. 2. Said company may organize, by accepting this organization, 
enactment, and choosing from its stockholders a president, 
secretary, and three directors, who shall have the general 
management of the property of the company. 

Sect. 3. Said company may make such by-laws for thesy-iaws. 
regulation of its affairs, as may be deemed expedient, and 
not inconsistent with the laws of this Commonwealth, at any 
legal meeting called for that purpose. 

Sect. 4. This act shall take effect from and after its pas- 
sage. \_Approved by the Governor, May 30, 1856.] 

An Act to incorporate the Ladies' Benevolent Society of NewbTiry. Chap. 221 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Caroline Withington, Maria I. Little, Eliza F. corporator.. 
Noyes, Edna M. "Woodman, Lucy Coffin, AnnK. Lunt, their 
associates and successors, are hereby made a corporation, by 
the name of the Ladies' Benevolent Society of Newbury, for Name. 
the purpose of taking, holding, investing and distributing ^"'■p'""'- 
such funds as they now have, or may hereafter be given 
them, for the charitable and benevolent objects of their asso- 
17 



130 1856.— Chapters 222, 223. 

Privileges, re- ciatioii ; witli all tliG powGrs and privileges, and subject to 

strictions, c. ^^^ ^^^^ dutiGs, liabilities and restrictions, set forth in the 
forty-fourth chapter of the Revised Statutes. 

Resuiations. Sect. 2. Said corporatiou shall have power to establish 

such rules and regulations, for the management of their 
association, as a majority of the members may, from time to 
time, determine to be expedient and proper. 

Real and personal Sect. 3. Said corporatiou shall be empowered to hold 

estate, $10,000. -i ^ i- , 

real and personal estate to an amount not exceeding ten 
thousand dollars. 

Sect. 4. This act shall take effect on and after its 
passage. l_Approved by the Governor, May 30, 1856.] 

Chap. 222 -A-n Act to punish Fraud by the Sale of Adulterated Milk. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as foUoivs : 

Punishment for If any pcrsou or persons shall adulterate, by water or 
lted°miik. otherwise, milk to be sold in tliis Commonwealth, or if any 

person or persons shall sell, or cause to be sold, milk adul- 
terated by water or otherwise, knowing, or having reason to 
believe the same to be so adulterated, he or tliey shall be 
held guilty of a misdemeanor, and on conviction, be fined 
twenty-five dollars for the first offence, one-half of which 
shall be paid to the complainant, and for every subsequent 
offence fifty dollars, one-half of which shall be paid to the 
complainant, or by imprisonment in the house of correction 
not less than two nor more than six months. \_Approved by 
the Governor, May 30, 1856.] 

Chap. 223 An act to apportion and assess a Tax of Five Hundred and Ninety-nine 
Thousand Nine Hundred and Eighty-two Dollars. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Cities and towns Sect. 1. Eacli city Or town hereinafter named within 
this Commonwealth, shall be assessed and pay the several 
sums with which they stand respectively charged in the fol- 
lowing schedule : — 



1856.— Chapter 223. 



131 



SCHEDULE. 



SUFFOLK COUNTY. 



Boston, . 
Chelsea, . 
North Chelsea, 



One hundred ninety- seven thousand three 

hundred eighty-two dollars, . . $197,382 00 

Three thousand five hundred twenty- 
eight dollars ! 3,528 00 



Seven hundred seventy-four dollars. 



774 00 



$201,684 00 



ESSEX COUNTY. 



Amesbury, 




Andover, 




Beverly, . 




Boxford, 




Bradford, 




Danvers, 




Essex, . 




Georgetown, 




Gloucester, 




Groveland, 




Hamilton, 




Haverhill, 




Ipswich, . 




Lawrence, 




Lynn, 




Manchester, 





One thousand one hundred forty-six dol- 
lars, .....,, 

Three thousand two hundred twenty-two 
dollars, ...... 

Two thousand three hundred ten dol- 
lars 

Five hundred fifty-eight dollars. 

Four hundred eight dollars, . 

Three thousand four hundred ninety- 
eight dollars, . . . . . 
Six hundred seventy-two dollars, . 

Seven hundred eighty- six dollars, . 

Two thousand six hundred fifty- two dol- 
lars, 

Four hundred fifty- dollars, . 

Four hundred sixty-two dollars, . 

Two thousand four hundred thirty dol- 
lars, ....... 

One thousand one hundred forty-six dol- 
lars, ....... 

Five thousand nine hundred forty six 
dollars, ...... 

Four thousand six hundred thirty- eight 
dollars, ...... 

Three hundred seventy-two dollars, 

Five hundred sixty- four dollars, . 



n,146 00 

3,222 00 

2,310 00 
558 00 

408 00 



3,498 00 
672 00 

786 00 



2,652 00 

450 00 

462 00 

2,430 00 

1,146 00 

6,946 00 

4,638 00 

372 00 

564 00 



132 



1856.— Chapter 223. 

ESSEX COUNTY— Continued. 



Maxblehead, . 

Methuen, 
Middleton, 


Two thousand two hundred eight dol- 
lars 

One thousand one hundred twenty-two 
dollars, ...... 

Three hundred thirty dollars, 


$2,208 00 

1,122 00 
330 00 


Newburj-, 


Six hundred ninety dollars, . 


690 00 


Newburyport, 
llockport, 


Five thousand five hundred seventy-four 

dollars 

Eight hundred twenty-eight dollai'S, 


5,574 00 
828 00 


Rowley, . 


Four hundred eighty-six dollars, . 


486 00 


Salem, . 
Salisbury, 


Thirteen thousand three hundred thirty- 
two dollars, 

One thousand one hundred ten dollars. 


13,332 00 
1,110 00 


Saugus, . 


Five hundred forty-six dollars. 


546 00 


Topsfield, 


Five hundred foxir dollars. 


504 00 


Wenham, 


Four hundred fourteen dollars, 


414 00 


West Newbury, 


Six hundred thirty-six dollars. 


636 00 




$59,040 00 



MIDDLESEX COUNTY. 



Acton, . 




Ashby, . 




Ashland, 




Bedford, 




Billerica, 




Boxborough, 




Brighton, 




Burlington, 




Cambridge, 




Carlisle, . 




Charlestown, 




Chelmsford, 





Six hundred dollars, 

Six hundred twelve dollars, . 

Four hundred sixty-eight dollars, . 

Three hundred eighty-four dollars, 

Eight hundred eighty-two dollars, 

Two hundred forty-six dollars, 

One thousand six hundred thirty-two 

dollars, ..... 
Three hundred dollars, . 

Ten thousand three hundred eighty dol 

lars, 

Three hundred forty-two dollars, . 

Eight thousand seven hundred eighty 

four dollars, .... 
One thousand eight dollars, . 



$600 00 
612 00 
468 00 
384 00 
882 00 
246 00 



1,632 00 
300 00 



10,380 00 
342 00 



8,784 00 
1,008 00 



1856.— Chapter 223. 

MIDDLESEX COUNTY— Continued. 



133 



Concord, 
Dracut, . 


One thousand two hundred eighty 

dollars, 

Seven hundred iifty dollars, . 


-four 


$1,284 00 
750 00 


Dunstable, 


Three hundred sixty-six dollars, . 




366 00 


Fraraingham, . 
Groton, . 
Holliston, 


One thousand nine hundred sixty- 
dollars, ..... 

One thousand four hundred forty 
lars, ...... 

Nine hundred twenty-four dollars, . 


eight 
dol- 


1,968 00 

1,440 00 
924 00 


Hopkinton, 


One thousand twenty- six dollars, . 




1,026 00 


Lexington, 
Lincoln, 


One thousand one hundred eighty- 
dollars 

Four hundred eighty dollars, . 


eight 


1,188 00 
480 00 


Littleton, 


Four hundred ninety-two dollars, . 




492 00 


Lowell, . 
Maiden, . 


Seventeen thousand two hundred 
dollars, ..... 
One thousand eight hundred dollars 


3ight 


17,208 00 
1,800 00 


Marlborough, . 
Medford, 
Melrose, . 


One thousand two hundred eighty- 
dollars 

Two thousand four hundred thirty 
lars 

Five hundred forty dollars, . 


four 
dol- 


1,284 00 

2,430 00 
540 00 


Natick, . 


One thousand sixty-two dollars, 




1,062 00 


Newton, 
Pepperell, 


Three thousand one hundi ed seventy- 
dollars 

Seven hundred ninety-eight dollars, 


four 


3,174 00 
798 00 


Reading, 
Sherbom, 


One thousand two hundred twelve dol- 
lars 

Five hundred forty dollars, . 


1,212 00 
540 00 


Shirley, . 


Five hundred ninety-four dollars, . 




594 00 


SomervUle, 


Two thousand sixty-four dollars, . 




2,064 00 


South Reading, 


Eight hundred fifty-two dollars, . 




852 00 


Stoneham, 


Six hundred twelve dollars, . 




612 00 


Stow, . 


Six hundred fifty-four dollars, 




654 00 


Sudbury, 


Nine hundred thirty-six dollars, . 




936 00 


Tewksbury, . 


Six hundred thirty-six dollars, 




636 00 


Townsend, 


Nine hundred dollars, . 




900 00 


Tyngsborough, 


Four hundred ninety-two dollars, . 




492 00 



134 



1856.— Chapter 223. 



MIDDLESEX COUNTY— Continued. 



Waltham, 
Watertowii, . 
Waylaiid, 
West Cambridge, 
Westford, 
Weston, . 
Wilmington, . 
Winchester, . 
Woburn, 



Two thousand seven hundred eighty-four 
dollars, ...... 

Two thousand two hundred ninety-two 
dollars, 

Five hundred sixteen doUars, 

One thousand six hundred fifty dollars, 
Eight hundred twenty-eight dollars, 
Seven hundred twenty dollars. 
Four hundred twenty- six dollars, . 
Six hundred eighty-four dollars, . 
Two thousand ten dollars. 



^2,784 00 

2,292 00 
516 00 

1,650 00 
828 00 
720 00 
426 00 
684 00 

2,010 00 
35,254 00 



WORCESTER COUNTY. 



Ashburnham, 




Athol, . 




Auburn, 




Barre, 
Berlin, . 




Bolton, . 
Boylston, 




Brookfield, 




Charlton, 




Clinton, . 




Dana, 




Douglas, 




Dudley, . 




Fitehburg, 




Gardner, 





Seven hundred fifty dollars, . 

Seven hundred thirty-two dollars, . 

Four hundred thirty-two dollars, . 

One thousand four hundred eighty- two 

dollars, ..... 
Three hundred six dollars. 

One thousand eight hundred seventy-two 

dollars, . . . - . 
Five hundred fifty-eight dollars, . 

Four hundred sixty- eight dollars, 

Six hundred ninety-six dollars. 

Nine hundred ninety-six dollars, . 

Nine hundred eighty-four dollars, 

Two hundred fifty-two dollars. 

Seven hundred fifty- six dollars, 

Six hundred eighty-four dollars, . 

Two thousand one hundred ninety dol 

lars, 

Six hundred eighteen dollars, 



$750 00 
732 00 
432 00 



1,482 00 
306 00 



1,872 00 
558 00 

468 00 

696 00 

996 00 

984 00 

252 00 

756 00 

684 00 



2,190 00 
618 00 



1856.— Chapter 223. 

WOECESTER COUNTY— Continued. 



135 



Grafton, 

Hardwick, 

Harvard, 

Holden, . 

Hubbardston, 

Lancaster, 

Leicester, 

Leominster, 

Lunenburg, 

Mendon, 

Milford, . 

Millbury, 

New Brain tree, 

North Brookfield, 

Northborough, 

Northbridge, 

Oakham, 

Oxford, . 

Paxton, . 

Petersham, 

Phillipston, 

Princeton, 

Royalston, 

Rutland, 

Shrewsbury, 

Southborough, 

Southbridge, 

Spencer, . 

Sterling, 



One thousand four hundred ninety-four 

dollars, ..... 
Eight hundred fifty-two dollars, 

Seven hundred ninety-two dollars, 

Eight hundred thirty-four dollars, . 

Seven hundred eight dollars, . 

Seven hundred eight dollars, . 

One thousand two hundred fifty-four dol 
lars, ...... 

One thousand three hundred fifty-six 
dollars, .... 

Six hundred sixty dollars. 

Seven hundred two dollars, . 

One thousand four hundred fifty-eight 

dollars, ..... 
One thousand ninety- eight dollars. 

Five hundred forty-six dollars, 

Seven hundred thirty-eight dollars. 

Six hundred seventy-two dollars. 

Seven hundred thirty- two dollars. 

Four hundred fifty dollars, . 

One thousand thirty-eight dollars. 

Three hundred thirty dollars. 

Eight hundred twenty-two dollars, 

Three hundred ninety-six dollars. 

Six hundred forty-eight dollars. 

Seven hundred ninety-two dollars. 

Five hundred fifty-two dollars. 

Eight hundred forty dollars, . 

Six hundred forty-two dollars, 

One thousand two hundred dollars 

Nine hundred twelve dollars, . 

Eight hundred forty dollars, . 



'f 


1,494 
852 


00 
00 




792 


00 




834 


00 




708 


00 




708 


00 



1,254 00 

1,356 00 
660 00 

702 00 



1,458 
1,098 


00 
00 


546 


00 


738 


00 


672 


00 


732 


00 


450 


00 


1,038 


00 


330 


00 


822 


00 


396 


00 


648 


00 


792 


00 


552 


00 


840 


00 


642 


00 


1,200 


00 


912 


00 


840 


00 



136 



1856.— Chapter 223. 

WORCESTER COUNTY— Continued. 



Sturbridge, 
Sutton, . 
Templetoii, 
Upton, . 
Uxbridge, 
Warren, . 
Webster, 
West Boylston, 
West Brcokfield, 
Westborough, 
Westminster, . 
Winchendon, . 
Worcester, 



Nine hundred dollai'S, 

One thousand fifty- six dollars, 

Nine hundred forty-eight dollars, 

Six hundred ninety dollars, . 

One thousand one hundred eighty-eight 

dollars, .... 
Seven hundred thirty-two dollars, 

Eight hundred seventy-six dollars, 

Five hundred ninety-four dollars, . 

Five hundred seventy dollars. 

Eight hundred forty dollars, . 

Eight hundred four dollars, . 

One thousand fourteen dollars, 

Eleven thousand two hundred eight dol 
lais, 



$900 00 

1,056 00 

948 00 

690 00 

1,188 00 
732 00 

876 00 

594 00 

570 00 

840 00 

804 00 

1,014 00 

11,208 00 
$59,262 GO 



HAMPSHIRE COUNTY. 



Amherst, 




Belchertown, 




Chesterfield, 




Cummington, 




Easthampton, 




Enfield, . 




Goshen, . 




Granby, . 




Greenwich, 




Hadley, . 




Hatfield, 





One thousand two hundred forty-two 

dollars, .... 
Nine hundred thirty dollars, . 

Four hundred fourteen dollars, 

Four hundred twenty dollars. 

Four hundred fifty- six dollars, 

Four hundred seventy-four dollars. 

One hundred ninety-eight dollars, 

Four hundred twenty-six dollars, . 

Two hundred sixty-four doUai's, . 

Nine hundred forty-eight dollars, . 

Seven hundred fourteen dollars, 



$1,242 00 
930 00 

414 00 

420 00 

456 00 

474 00 

198 00 

426 00 

264 00 

948 00 

714 00 



1856.-— Chapter 223. 

HAMPSHIRE COUNTY— Continued. 



137 



Middlefield, . 

Northampton, 

Norwich, 

Pelham, . 

Plainfield, 

Prescott, 

South Hadley, 

Southampton, 

Ware, 

Westhampton, 

"Williamsburg, 

Worthington, . 



Three hundred twenty- four dollars, 

Two thousand sis hundred twenty- eight 

dollars, .... 
Two hundred seventy dollars, 

Two hundred fifty-eight dollars. 

Three hundred twelve dollars, 

Two hundred seventy dollars. 

Seven hundred fifty- six dollars. 

Four hundred twenty- six dollars, 



. I One thousand two hundred forty 

dollars, .... 

Two hundred forty-six dollars, 

Six hundred ninety- six dollars. 

Four hundred seventy-four dollars, 



eight 



$324 00 

2,628 00 
270 00 

258 00 

312 00 

270 00 

75G 00 

426 00 

1,248 00 
246 00 

696 00 

474 00 



$14,394 00 



HAMPDEN COUNTY. 



Blandford, 


Brimfield, 


Chester, . 


Chicopee, 


Granville, 


Holland, 


Holyoke, 


Longmeadow, 


Ludlow, . 


Monson, 


Montgomery, . 


Palmer, . 


Russell, . 



Five hundred seventy-six dollars, . 

Seven hundred eight dollars, . 

Four hundred ninety- two dollars, . 

Three thousand six hundred six dollars. 

Four hundred thirty-eight dollars, . 

One hundred fifty- six dollars. 

One thousand nine hundred thirty-two 
dollars. ..... 

Eight hundred forty -six dollars. 

Four hundred ninety- two dollars, . 

Nine hundred ninety dollars. 

One hundred seventy-four dollars. 

One thousand three hundred thirty-two 

dollars, 

One hundred ninety-two dollars, . 



$576 00 
708 00 
492 00 

3,606 00 
438 00 
156 00 

1,932 00 
846 00 

492 00 

990 00 

174 00 



1,332 00 
192 00 



18 



138 



1856.— Chapter 223. 

HAMPDEN COUNTY— Continued. 



Southwick, 

Springfield, 

Tolland, . 

Wales, . 

West Springfield, 

Westfield, 

Wilbraham, . 



Five hundred fifty-eight dollars. 

Six thousand six hundred fifty-four dol 
lars, ...... 

Two hundred twenty-two dollars,'. 

Two hundred forty dollars, . 

One thousand six hundred eighty dol 
lars, ...... 

One thousand six hundred ninety-eigh 
dollars, ..... 

Nine hundred sixty dollars, . 



$558 00 



6,654 00 
222 00 



240 00 



1,680 00 

1,698 00 
9B0 00 



523,946 00 



FRANKLIN COUNTY. 



Ashfield, 


Five hundred seventy-six dollars, . 


$576 00 


Bernardston, . 


Four hundred two dollars, . 


402 00 


Buekland, 


Two hundred eighty-two dollars, . 


282 00 


Charlemont, . 


Four hundred eight dollars, . . 


408 00 


Coleraine, 


Six hundred ninety-six dollars, 


696 00 


Conway, 


Seven hundred thirty- eight dollars, 


738 00 


Deerfield, 


One thousand eighty-six dollars, . 


1,086 00 


Erving, . 


One hundred eighty dollars, . 


180 00 


Gill, 


Three hundred six dollars, 


306 00 


Greenfield, 
Hawley, 


One thousand one hundred forty dol- 
lars, ....... 

Three hundred six dollars. 


1,140 00 
306 00 


Heath, . 


Two hundred eighty- eight dollars, . 


288 00 


Leverett, 


Three hundred six dollars. 


306 00 


Leyden, . 


Two hundred twenty-two dollars, . 


222 00 


Monroe, . 


Seventy-two dollars 


72 00 


Montague, 


Five hundred four dollars, 


504 00 


New Salem, . 


Four hundred fifty- six dollars, 


4-': 6 00 


Northfield, . 


Seven hundred eighty dollars, 


780 00 



185 6. —Chapter 223. 



139 



FRANKLIN COUNTY- Continued. 



Orange, . 


Seven hundred thirty- eight dollar?, 


$738 00 


Rowe, . 


Two hundred forty dollars, . 


240 00 


Shelburne, 


Five hundred four dollars, 


504 00 


Shutesbury, . 


Two hundred eighty-two dollars, , 


282 00 


Sunderland, . 


Three hundred forty- two dollars, . 


342 00 


Warwick, 


Four hundred eighty dollars, . 


480 00 


Wendell, 


Four hundred twenty dollars, 


420 00 


Whately, 


Four hundred eighty dollars, 


480 00 




$12,234 00 



BERKSHIRE COUNTY. 



Adams, . 
Alford, . 


One thousand nine hundred thirty-eight 

dollars, 

Two hundred thirty-four dollars, . 


$1,938 00 
234 00 


Becket, . 


Three hundred seventy-eight dollars, 


378 00 


Cheshire, 


Five hundred sixty- four dollars, . 


564 00 


Clarksburg, . 


One hundred eight dollars, . 


108 00 


Dalton, . 


Four hundred seventy- four dollars. 


474 00 


Egremont, 


Four hundred eighty-six dollars, . 


486 00 


Florida, . 


One hundred sixty-eight dollars, . 


168 00 


Great Barrington, . 


One thousand three hundred eighty dol- 




Hancock, 


lars, ....... 

Three hundred seventy-two dollars. 


1,380 00 
372 00 


Hinsdale, 


Four hundred forty- four dollars, . 


444 00 


Lanesborough, 


Five hundred forty-six dollars, 


546 00 


Lee, 


One thousand ninety- two dollars, . 


1,092 00 


Lenox, . 


Five hundred seventy dollars, 


570 00 


Monterey, 


Two hundred fifty- two dollars, 


252 00 


Mount Washington, 


One hundred eight dollars, 


108 00 



140 



1856.— Chapter 223. 



BERKSHIRE COUNTY— Continued. 



New Ashford, 


. One hundred two dollars. 


$102 00 


New Marlboro 


ugh, , Five hundred eighty-two dollars, . 


582 00 


Otis, 


. Three hundred seventy- eight dollars. 


378 00 


Peru, . 


. Two hundred sixteen dollars, . 


216 00 


Pittsfield, 
Richmond, 


. Two thousand seven hundred eighty-four 

dollars 

. Three hundred ninety-six dollars, . 


2,784 00 
396 00 


Sandisfield, 


. Five hundred thirty-four dollars, . 


534 00 


Sheffield, 
Savoy, . 


. One thousand one hundred seventy dol- 
lars, 

. Two hundred twenty-eight dollars, 


1,170 00 
228 00 


Stockbridge, 


. Seven hundred seventy- four dollars. 


774 00 


Tyringham, 


. Two hundred seventy dollars, 


270 00 


Washington, 


. Two hundred seventy doUars, 


270 00 


"West Stockbri 


dge, . Six hundred eighteen dollars. 


618 00 


Williamstown 


, . One thousand thirty-two dollars, . 


1,032 00 


Windsor, 


. Three hundred thirty- six dollars, . 


336 00 




$18,804 00 



NORFOLK COUNTY. 



Bellingham, . 




Braintree, 




Brookline, 




Canton, . 




Cohasset, 




Dedham, 




Dorchester, 




Dover, . 




Foxborough, 




Franklin, 





Five hundred fifty-two dollars, 

One thousand one hundred forty-six dol- 
lars, 

Four thousand nine hundred eighty- six 
dollars, 

One thousand three hundred ninety- eight 
dollars, 

Seven hundred eighty-six dollars, . 

Three thousand six dollars. 

Six thousand five hundred seventy dol- 
lars, ....... 

Three hundred eighteen dollars. 

Seven hundred eight dollars, . 

Six hundred ninety-six dollars, 



$562 00 

1,146 00 

4,986 00 

1,398 00 
786 00 

3,006 00 

6,570 00 
318 00 

708 00 

606 00 



1856.— Chapter 223. 



141 



NORFOLK COUNTY- Continued. 



Med add, 
Med way, 
Milton, . 
Needhatn, 
Quincy, , 
Randolph, 
Roxbury, 
Sharon, . 
Stoughton, 
Walpole, 
Weymouth, 
Wrentham, 



Four hundred eighty dollars, . 

Nine hundred ninety dollars, . 

One thousand six hundred ninety-eight 

dollars, ..... 
Eight hundred seventy dollars. 

Two thousand two hundred forty-four 
dollars, ..... 

One thousand eight hundred seventy- two 
d'.)Ilars, 

Thirteen thousand two hundred twenty 
four dollars, .... 

Five hundred eighty- two dollars, . 

One thousand two hundred forty-eight 

dollars, 

Eight hundred forty-six dollars, 

One thousand eight hundred seventy-eight 

dollars, ..... 
One thousand two hundred dollars, 



$480 00 
990 00 



1,698 00 
870 00 



2,241 00 

1,872 00 

13,224 00 
582 00 



1,218 00 
846. .00 



1,87S 00 
1,200 00 

$47,298 00 



BRISTOL COUNTY. 



Attleborough, 


Berkley, 


Dartmouth, . 


Dighton, 


Easton, . 


Fairhaven, 


Fall River, 


Freetown, 


Mansfield, 


New Bedford, 


Norton, . . , ; 

i 


1 
Pawtucket, . . 1 


1 
Raynham, . . 1 



One thousand two hundred twenty- four 

dollars, ..... 
Three hundred dollars, . 

Two thousand three hundred ten dol 
lars, ...... 

Five hundred seventy-six dollars, . 



Eight hundred four dollars, . 

Three thousand one hundred sixty- eight 
dollars, 

Six thousand two hundred thirty-four 
dollars, 

Six hundred six dollars. 



Four hundred sixty-eight dollars, . 

Thirteen thousand eight hundred ninety 
' dollars, 



Seven hundred sixty- eight dollars, . 
One thousand seventy-four dollars. 
Five hundred fifty-two dollars, 



$1,224 00 
300 00 



2,310 00 
676 00 

804 00 



3,168 00 

6,234 00 
606 00 

468 00 



13,890 00 

768 00 

1,074 00 
552 00 



142 



1856— Chapter 223. 

BRISTOL COUNTY— Continued. 



Rehoboth, 


Seven hundred sixty-two dollars, . 


$762 00 


Seekonk, 


Seven hundred sixty-two dollars, . 


762 00 


Somerset, 


Four hundred ninety-two dollars, . 


492 00 


Swanzey, 


Five hundred seventy dollars, . 


570 00 


Taunton, 


Four thousand twenty-six dollars, . 


4,026 00 


Westport, 


One thousand five hundred dollars, 


1,500 00 




$40,086 00 



PLYMOUTH COUNTY. 



Abington, 

Bridgewater, 

Carver, • 

Duxbury, 

East Bridgewater, 

Halifax, . 

Hanover, 

Hanson, . 

Hingham, 

Hull, . 

Kingston, 

Marshfield, 

Middleborough, 

North Bridgewater, 

Pembroke, 

Plymouth, 

Plympton, 

Rochester, 

Scituate, 



One thousand seven hundred thirty-four 
dollars, 

One thousand two hundred ninety dol- 
lars, 

Three hundred ninety dollars. 



eight 



One thousand one hundred fifty 

dollars, .... 
Nine hundred twelve dollars, . 

Two hundred eighty-eight dollars, 

Six hundred dollars, 

Four hundred twenty dollars. 



One thousand seven hundred twenty-two 

dollars, .... 
One hundred twenty dollars, . 



Eight hundred eighty- two dollars. 

Seven hundred two dollars, . 

One thousand eight hundred six dollars, 

One thousand two hundred forty-two 

dollars, .... 
Four hundred ninety- two dollars. 

Two thousand six hundred twenty-two 

dollars, .... 
Three hundred sixty- six dollars. 

One thousand three hundred twenty- six 

dollars, .... 
Seven hundred fifty dollars, . 



$1,734 00 

1,290 00 
390 00 



1,158 00 
912 00 

288 00 

600 00 

420 00 

1,722 00 
120 00 

882 00 

702 00 

1,803 00 



1,242 00 
492 00 



2,622 00 
366 00 



1,326 00 
750 00 



1856.— Chapter 223. 

PLYMOUTH"COUNTY— Continued. 



South Scituate, 

AVareham, 

West Bridgewater, 



Seven hundred ninetj'-two dollars, , 
' One thousand fifty dollars, 
Five hundred fifty-eight dollars, 



$792 


00 


1,050 


00 


558 


00 


$21,222 


00 



143 



BA.RNSTABLE COUNTY. 



Barnstable, 


Brewster, 


Chatham, 


Dennis, . 


Eastham, 


Falmouth, 


Harwich, 


Orleans, . 


Provincetown, 


Sandwich, 


Truro, . 


Wellfleet, 


Y^armouth, 



One thousand six hundred ninety- two 

dollars, ..... 
Three hundred ninety-six dollars, . 

Five hundred ninety-four dollars, . 

Nine hundred twenty- four dollars, . 

Two hundred twenty- eight dollars. 

One thousand twenty-six dollars, . 

Six hundred seventy- eight dollars, . 

Four hundred eight dollars, . 

One thousand one hundred sixteen dol 
lars, ...... 

One thousand four hundred seventy-six 
dollars, ..... 

Four hundred seventy-four dollars, 

Four- hundred twenty-six dollars, . 
Eight hundred twenty-eight dollars, 



$1,692 00 
396 00 

594 00 

924 00 

228 00 

1,026 00 

678 00 

408 00 

1,116 00 

1,476 00 
474 00 

426 00 

828 00 



$10,266 00 



DUKES COUNTY. 



Chilmark, 
Edgartown, 
Tisbtiry, . 



Four hundred seventy-four dollars, 
Seven hundred thirty-eight dollars, 
Six hundred thirty dollars, 



$474 00 
738 00 
630 00 



$1,842 00 



144 



1856.— Chapter 223. 
nantucket county. 




RECAPITULATION. 



Suifolk County, 
Essex County, 
Middlesex County, . 
Worcester County, . 
Hampshire County, 
Hampden County, . 
Franklin County, . 
Berkshire County, . 
Norfolk County, 
Bristol County, 
Plymouth County, . 
Barnstable County, 
Dukes County, 
Nantucket County, 



Two hundred one thousand six hundred 

eighty- four dollars, . 
Fifty- nine thousand forty dollars, . 

Eighty-five thousand two hundred fifty- 
four dollars, .... 

Fifty-nine thousand two hundred sixty- 
two dollars, .... 

Fourteen thousand three hundred ninety 
four dollars, .... 

Twenty- three thousand nine hundred 
forty-six dollars, 

Twelve thousand two hundred thirty-four 
drtllars, 

Eighteen thousand eight hundred four 
dollars, ..... 

Forty -seven thousand two hundred nine- 
ty eight dollars, .... 

Forty thousand eighty- six dollars, . 

Twenty- one thousand two hundred twen- 
ty- two dollars, .... 

Ten thousand two hundred sixty- six dol- 
lars, ...... 

One thousand eight hundred forty- two 
dollars, ..... 

Four thousand six hundred fifty dol- 
lars 



$201,684 00 
59,040 00 



85,254 00 

59,262 00 

14,394 00 

23,946 00 

12,234 00 

18,804 00 

47.298 00 
40,086 00 

21,222 00 

10,266 00 

1,842 00 

4,650 00 



$599,982 00 



Treasurer shall Sect. 2. The treasiirGi' of tliis Commonwealth shall 
ttfseiectmelJi&c. forthwith sGiid his warrant, with a copy of this act, directed 
to the selectmen or assessors of each city or town, taxed as 
aforesaid, requiring them, respectively, to assess the sum so 
charg-ed, according to the provisions of tlie seventh chapter 
of the Revised Statutes, and to add tlie amount of such tax 
to the amount of town and county taxes to be assessed by 
them, respectively^ on each city or town. 
When payable. SECT. 8. Thc trcasurcr, ill liis Said Warrant, shall rcquirG 
the said selectmen or assessors, to pay, or to issue their sev- 
eral warrant or warrants, requiring the treasurers of their 
several cities or towns to pay, to said treasurer of the Com- 



1856.— Chapters 224, 225. 145 

monwealtli, on or before the first day of December, one 
thousand eight hundred and fifty-six, the sums against said 
cities or towns, respectively, in this act contained ; and the Names of treas- 
selectmen or assessors, respectively, shall return a certificate turned.'' ''^ '*' 
of the names of such treasurers, with the sum which each 
may be required to collect, to the said treasurer of the Com- 
monwealth, some time before the first day of October next. 

Sect. 4. If the amount due from any city or town as one per cent, per 
provided in this act, shall not have been paid to the treasu- S°to ie^unquen- 
rer of the Commonwealth 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 Com- 
monwealth, in addition to the tax, such further sum as would 
be equal to one per cent, per month during such delinquen- 
cy, dating on and after the first day of December next. 

Sect. 5. This act shall take effect from and after its 
passage. [^Approved brj the Governor, May 31, 1856.] 

An Act concerning the Election of Representatives in Congress. Chcip. 224 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The third section of the sixth chapter of the Revised Elections, when 
Statutes, is hereby so amended as that the elections therein ^*''*' 
provided to be held, shall be held on the Tuesday next after 
the first Monday in November, in the year one thousand 
eight hundred and fifty-six, and thence afterwards, bienni- 
ally, on the Tuesday next after the first Monday in Novem- 
ber. l^Approved by the Governor, May 31, 1856.] 

An Act to protect the Fishery in Pleasant Bay. Clldt). 225 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

The town of Orleans, at any legal town meeting called Town may enact 
for the purpose, may make and enact such laws as they may, JTshery" ^'^''**''' 
from time to time, deem expedient, to protect and preserve 
the fishery in Pleasant Bay, and all the inlets therefrom 
within the limits of said town of Orleans : provided, aho a ys,v^oji»o. 
that no law, made as above, shall infringe upon the laws of 
the Commonwealth. \^Approved by the Governor, May 31, 
1856.] 

19 



146 



1856.— Chapter 226. 



Chap, 226 A-N Act to incorporate the Boston and New Orleans Steamship Company. 

Be it enacted bij the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 



Corporators. 



Name. 

Purpose. 

Privileges, re- 
strictions, &c. 



May build and 
navigate stcam- 
.sliips, &c. 



Real estate, 
$200,000. 
Personal proper- 
ty, .$1,000,000. 



Number and 
amount of stiares 



Apt void unless, 
&c. 



No shares issued 
under par. 



Sect. 1. James M. Beebe, William D wight, George B. 
Blake, William Thomas, Andrew T. Hall, Lewis W. Tappan, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Boston and New Orleans Steamship 
Company, for the purpose of navigating the ocean by steam ; 
with all the powers and privileges, and subject to all the 
duties, restrictions and liabilities, set forth in the forty-fourth 
chapter of the Revised Statutes. 

Sect. 2. The said company are hereby authorized to build, 
purchase, hold and convey, one or more steamships, and may 
therewith navigate the ocean, between Boston and the soutli- 
ern ports of the United States, and Cuba, and any islands, 
possessions or' provinces of European powers in the West 
Indies, and may enter into such contracts with other persons 
as they may deem expedient, to run steamships between any 
such port or ports, and any other port or ports whatsoever. 

Sect. 3. The said company may hold real estate not 
exceeding in value two hundred thousand dollars, and per- 
sonal property to an amount not exceeding one million dol- 
lars. 

Sect. 4. The number of shares into which the capital 
stock of said company shall be divided, and the amount of 
each share, shall be fixed by the by-laws ; and the said com- 
pany shall have power to assess, from time to time, upon 
such shares, such sums of money as may be deemed neces- 
sary to accomplish the objects of said company ; but no share 
shall be assessed for a greater sum or sums in the whole, 
than the amovmt of such shares, so determined and fixed as 
aforesaid. 

Sect. 5. The said corporation shall continue for the term 
of thirty years ; but if the said corporation shall not, within 
two years from the passing of this act, have been organized 
and have laid and collected an assessment or assessments to 
the amount of ten per cent, upon the capital stock, and shall 
not, within three years from the passage of this act, have 
built and equipped at least two steamships for the purposes of 
said- company, and shall not use the same for the purposes in 
this act expressed, then this act shall become null and void. 

Sect. 6. No shares in the capital stock of said corpora- 
tion shall be issued for a less sum or amount than the par 
value of the shares first issued. 



1856.--CHAPTERS 227, 228. 147 

Sect. 7. This act shall take effect from and after its 
passage. {^Approved by the Governor, May 31, 1856.] 

An Act to authorize the Selectmen of Eastham to build a Bridge across Chn^t 99T 
Boat-Meadow River. ^ruip. ^^ i 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The selectmen of the town of Eastham, in the May construct 

,f.-p, .11 11 ii'ii 1 solid earth bridge. 

county 01 iJarnstable, are hereby authorized and empowered 
to construct a solid earth bridge across the stream known as 
Boat-Meadow River, in said town, where now exists a wooden 
bridge ; said selectmen shall, in all respects, proceed as is 
now provided by law for laying out and constructing high- 
ways. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, May 31, 1856.] 



Ax Act to incorporate the Ladies' Howard Society, of Nantucket. Ckcit). 228 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Mary M. Watson, Mary P. Hussey, Clara G. corporators. 
Allen, their associates and successors, are hereby made a 
corporation by the name of the Ladies' Howard Society of ^am«- 
Nantucket, for the purpose of taking, holding, investing and Purpose, 
distributing such funds as they now have, or may hereafter 
be given them for the charitable objects of their association ; 
with all the powers and privileges, and subject to all the Privileges, re- 
duties, liabilities and restrictions, set forth in tlie forty. ''™"°'>'' ^*'- 
fourth chapter of the Revised Statutes. 

Sect. 2. Said corporation shall have power to establish ruics ami rcguia- 
sucli rules and regulations for the management of their as- *'°'^^ 
sociation, as a majority of the members may, from time to 
time, determine to be expedient and proper. 

Sect. 3. Said corporation shall be authorized to hold ^''^''i^inaijersonai 
real and personal estate to an amount not exceeding twenty- ' " ' 
five thousand dollars. 

Sect. 4. This act shall take cjffect from and after its 
passage. [Approved by the Governor, May 31, 1856.] 



148 1856.— Chapters 229, 230. 

Chap. 229 A-n Act in addition to an Act concerning the Vermont and ^lassachusetts 
■^ ' Eailroad Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Terms and con- Sect. 1. That the mortgage meiitioiied in the act con- 
Sr&c^ °'°'''" cerning the Yermont and Massachusetts Railroad Company, 
approved by the governor on the twenty-first day of March, 
in the year one thousand eight hundred and fifty-six, and 
thereby authorized to be given by said Vermont and Massa- 
chusetts Railroad Company, to secure their bonds, may 
include and convey to the trustees, to be named in said 
mortgage, all the franchise, rights and privileges which are 
now held and enjoyed by said corporation, in this Common- 
wealth ; and said mortgage may be on such terms and con- 
ditions, and with such powers to the mortgagees, of operat- 
ing or selling the said road and property mortgaged, as to 
the stockholders and directors may seem expedient. 

Sect. 2. This act shall take effect from and after its 
passage. [^Approved by the Governor, May 31, 1856.] 



Chap. 230 An Act authorizing the County Commissioners of E'isex County to lay out a 
Highway and to cause a Bridge to be built across Bass River, in the town 
of Beverly. 

Be it enacted by the Senate and House of Represeyita- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Bridge across Thc couuty commissioncrs for the county of Essex are 

Beyeriy'"'"* hereby empowered, if in their opinion the common conve- 
nience and necessity require the same, to lay out a high- 
way, and cause to be built, a bridge across Bass River, in 
the town of Beverly, from some point on the westerly shore, 
striking between the houses of John Porter and Benjamin 
Smith, to some point on the easterly shore, striking between 
Federal Street and Railroad Avenue ; and said bridge shall 
be furnished with a draw, suitable, in the opinion of said 
commissioners, for the passage of vessels usually navigating 
said river above the place where said bridge shall be built ; 
and said commissioners, in carrying into effect the provis- 
ions of this act, shall conform to the existing laws relating 
ProviBo. to laying out highways : provided, said bridge can be built 

without expense to the county of Essex. \_Approved by the 
Governor, May 31, 1856.] 



1856.— Chapter 231. 149 

An Act to incorporate the Phillips "Wharf Corapany, in Salem. CIlCip. 231 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Stephen C. Phillips, J. Willard Peele, James corporators. 
W. Cheever, their associates and successors, are hereby 
made a corporation, hy the name of the Phillips Wharf Name. 
Company, with power to purchase and hold, in fee simple or Po^er. 
otherwise, any part or the whole of the estate extending 
from Derby Street in Salem, to Salem Harbor, and now 
owned by said Stephen C. Phillips, with all the privileges 
and appurtenances to the same belonging, and all rights of 
every kind now vested in said Stephen C. Phillips as owner 
of such wharf. And said corporation may construct docks May construct 
and wharves ; lay vessels within and at the side thereof, and ^ ^^^^^' 
receive dockage and wharfage therefor ; erect buildings, 
lay out streets and passage ways, and improve and manage 
said property for mercantile purposes, in such manner as to 
them shall seem expedient, and may sell and convey the 
same or any part thereof. Said corporation may also pur- 
chase such other real estate as may be expedient for the 
beneficial enjoyment of their property, and may contract 
with railroad corporations relative to the transportation of 
passengers and merchandise : jirovided, that nothing herein Proviso. 
contained shall authorize the said corporation to infringe 
upon the legal rights of any person, or to build any wharf 
or other structure on the premises which is not now author- 
ized by law. 

Sect. 2. Said corporation may, at any legal meeting, shares not to cx- 
agree upon the numl^er of shares, not exceeding three thou- "^ ' 
sand, into which their stock shall be divided, which shares 
shall be transferable in a book, to be kept by the clerk of 
the corporation for that purpose; may, from time to time, -Assessment of 
assess upon the stockholders such sums of money, not ex- 
ceeding in the whole one hundred dollars on each share, as 
may be necessary for the purchase, improvement and man- 
agement of their estate ; and may, in case any stockholder 
shall neglect to pay any such assessment, cause such of the 
shares of such stockholder as may be sufficient therefor to 
be sold, in such manner as the said corporation by their by- 
laws may determine. 

Sect. 3. Said corporation shall have all the powers and ^".''''.Q^^g'' ^'^' 
privileges, and be subject to all the duties, restrictions and ^ "*^ '°"^' 
liabilities, contained in the forty-fourth chapter of the Re- 
vised Statutes. 

Sect. 4. This act shall take effect from and after its 
passage. [Approved by the Governor, May 31, 185G.] 



150 1856.— Chapters 232, 233. 

Chcip. 232 An Act in addition to an Act relative to Superintendents of Schools. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Appointment of Sect. 1. TliG first sGctioii of tliG tlu'eo hundred and 
superinteudeut. fourteenth chaptcp of the acts of the year eighteen hundred 
and fifty-four, shall, as applied to cities, be construed to 
mean that the several cities, hy an ordinance of the city 
government, may require the school committee to appoint a 
superintendent of public schools, annually. 
No compensation Sect. 2. lu any city which has heretofore passed an 
teeT,^unie's°"&"' Ordinance requiring the school committee to appoint a super- 
intendent of public schools, annually, the school committee 
in such city shall hereafter receive no compensation ; and, 
in any city which may hereafter pass such an ordinance, the 
school committee in such city shall receive no compensation 
after the passage of such ordinance, unless in either case 
the city shall otherwise expressly provide. 

Sect. 3. This act shall take effect from and after its 
passage. \_A2J2yroved by the Governor, May 31, 1856.] 

Chnn 2SS ^^ ■^'^^ authorizing the County Commissioners of the County of Bristol to 
1 ' ' ' lay out a Highway, and construct a Bridge over Skunk Creek in the Town 
of Somerset. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

liria^'c across Sect. 1. Tlic couuty commissioncrs of the county of 

fuSomerTc? ' Bristol, arc hereby authorized and empowered to lay out a 
highway and construct a bridge over Skunk Creek, so called, 
on Taunton Eiver, in the town of Somerset, in said county, 
at such place as the public convenience and necessity re- 
quire : provided, that in laying out said highway and con- 
structing said bridge, said county commissioners shall, in all 
respects, proceed according to the laws regulating the laying- 
out and constructing of public highways, 
oonstmcted in Sect. 2. Said liigliwav sliall bc laid out, aud Said bridge 
constructed and open for public travel, withni three years 
from the passage of this act : provided, that the county 
commissioners of the county of Bristol shall deem that pub- 
lic necessity requires the construction of said highway and 
bridge. 

Sect. 3. This act shall take effect from and after its 
passage. \_Approved by the Governor, May 31, 1856.] 



three years. 



1856.— Chapters 234, 235. 151 

An Act determining the Boundary Line between Danvers and South Danvers. CIlUp. 234 

Be it enacted by the Senate and House of B.epresenta- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. The dividing line between Danvers and South Dividing ime 
Danvers, determined by the commissioners appointed by his 
excellency the governor, under the first section of an act 
entitled, " An act to incorporate the town of South Dan- 
vers," passed on the eighteenth day of May, in the year 
eighteen hundred and fifty-five, and reported to the governor 
by said commissioners, is declared to be, and the same shall 
constitute, the dividing line between said towns of Danvers 
and South Danvers. 

Sect. 2. This act shall take effect on and after its 
passage. \^App)-oved by the Governor, May 31, 1856.] 

An Act making provision for the Unfunded Debt of the Commonwealth. Chcip. 235 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The treasurer of the Commonwealth is hereby Treasurer au- 
authorized and directed to issue scrip or certificates of debt, sue"«3oo?ooo 
in the name and behalf of the Commonwealth, and under °^ ^"'''' 
his signature and the seal of the Commonwealth, to an 
amount not exceeding three hundred thousand dollars, bear- 
ing an interest of six per cent, per annum, payable semi- 
annually, on the first days of June and December, with 
interest warrants attached thereto, signed by the treasurer ; 
which scrip, or certificates of debt, shall be redeemable as 
follows, viz. : one-third part thereof on the first day of June, 
eighteen hundred and sixty-two, one-third part thereof on 
the first day of June, eighteen hundred and sixty-four, and 
one-third part thereof on the first day of June, eighteen 
hundred and sixty-six ; and shall be countersigned by the 
governor of the Commonwealth, and be deemed a pledge of 
the faith and credit of the Commonwealth, for the redemp- 
tion thereof; and the treasurer may, under the direction of 
the governor and council, dispose of any portion of said 
scrip, at any price not less than its par value. 

Sect. 2. The funds arising from the disposal of the said Funds, how to be 
scrip, shall be applied to the payment of the unfunded debt ''^'' ^ ' 
now existing against the Commonwealth, and to the supply 
of any deficiency which may arise in the current income of 
the present year, to meet the current expenses of the same. 

Sect. 3. The first proceeds of the sale or disposal of the proceeds of saie of 



Name. 



152 1856.— Chapter 236. 

Back Bay lands, interest of the Commonwealth in the lands and flats of the 
owappicc. -Qn^Q\r j^-iy^ so called, to the amount of three hundred thou- 
sand dollars, shall be invested and held by the treasurer, 
under the direction of the governor and council, and applied 
to the redemption of the scrip issued by virtue of tlie pro- 
visions of this act. 

Sect. 4. This act shall take efi-ect from and after its 
passage. [^Approved by iJie Governor, May 31, 1856.] 

iyhCip. Zov An Act to incorporate the Massachusetts School of Agriculture. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporator*. g^cT. 1. Marshall P. Wilder, of Dorchester, Benjamin 

V. French, of Braintree, George W. Lyman, of Waltham, 
Seth Sprague, of Duxbury, Moses Newell, of Newbury, 
Richard S. i'ay, of Lynn, Samuel Hooper, of Boston, and 
their successors and associates, are hereby constituted a cor- 
poration by the name of the Trustees of the Massachusetts 

Purpose. School of Agriculture, for the purpose of holding, maintain- 

ing and conducting, an experimental farm and school 
thereupon, with all needful buildings, library, apparatus 
and appurtenances, for the promotion of agricultural and 

ftriTtufns,' & c" horticultural art within this Commonwealth ; with all the 
powers and privileges, and subject to all the duties, liabili- 
ties and restrictions, set forth in the forty-fourth chapter of 
the Revised Statutes. 

f/tate^ssoo^ocK^ Sect. 2. The said corporation may hold, by bequest, gift, 
purchase or otherwise, real and personal estate not exceed- 
ing the sum of five hundred thousand dollars. 

Life membership, j^ecx. 3. Any pcrsou may become a corporator for life in 
said institution, upon the payment of one hundred dollars to 
the treasurer thereof, who shall, upon such payment, issue 
to him a certificate to that effect. 

tlf h'owfiusd™'" Sect. 4. Upon the death or resignation of any trustee in 
said corporation, or upon his incapacity to perform the du- 
ties thereof, by reason of mental or other infirmity, or by 
reason of prolonged absence from the Commonwealth, the 
surviving or remaining members thereof, together with the 
corporators for the time being, shall have power to choose a 
successor at any meeting duly notified for that purpose, and 
five members shall constitute a quorum, unless the number 
shall be reduced by death or otherwise, below that number, 
in which event three shall constitute a quorum for that j)ur- 
pose. 



1856.~Chapteiis 237, 23S. 153 

Sect. 5. In the event of a dissolution of said corporation, Disposal of prop- 
by the voluntary act of said trustees and corporators, at any solution*'*^" 
time, the real and personal property belonging to the corpo- 
ration shall devolve upon, and belong to, the Commonwealth, 
to be held by the same, and to be disposed of as it may see 
fit, in the advancement of agricultural education. '[Approved 
bij the Governor, May 31, 1856.] 

An Act authorizing the Troy and Greenfield Raikoad Company to change Cfiff.p, 237 

location. -^' 

Be it enacted b/j the Senate and House of Represenia- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. The Troy and Greenfield Railroad Company Location changed 
are hereby avithorized to change their location on tlie main 
route, at such places as will, in the opinion of the chief 
engineer, improve the line of the road, shorten the same, 
and diminish the cost of construction : provided, the termini Proviso. 
of said road shall not be changed. 

Sect. 2. Such changes, as are made under the provisions of Location aied. 
the first section of this act, shall be filed in the clerk's 
office, for the counties of Franklin and Berkshire, within 
one year from the time they are made. 

Sect. 8. All owners of land, over which this railroad Damages assessed 
has been located, shall have the right to claim and have years. 
their damages assessed, any time within tliree years from 
the passage of this act. \_Approved by the Governor, May 
31, 1856.] 

An- Act confirming the Union of the Charles River Railroad Company and CflCip. 238 
the New York and Boston Railroad Company, and extending the time for 
locating and constructing the same. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The union of the several companies forming union of raii- 
the New York and Boston Railroad Company, in conformity """^ ^''^^ ™® ' 
with the provisions of the one hundred and fiftli chapter of 
the acts of eighteen hundred and fifty-five, is hereby con- 
firmed, and the several acts heretofore passed, regarding 
the Charles River Branch and the Cliarles River Railroad, 
are confirmed to said united New Yorlv and Boston Railroad 
Company. 

Sect. 2. The times witliin which said company are Time for locat- 
required to locate and construct their roads, are hereby y"!-.''*^'' * 
extended one year. 

20 



154 1856.— Chapter 239. 

Sect. 3. This act shall take effect from and after its 
passage. [^Apjjroved by the Governor, May 31, 1856.] 



Chcip. 239 A.N Act in relation to the Assessment and Collection of Taxes. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Taxes to be a lien Sect. 1. Taxcs asscsscd Oil real estate hereafter mori- 
on morttifagecl real iim-n • t i n 

estate, &c. gagGcl, Shall, 111 all cases, constitute a lien thereon lor two 
years after they are committed to the collector ; and said 
taxes, with the incidental costs and expenses, may be levied 
by sale in the same manner, and with the same effect, as is 
now by law provided in cases of real estate not mortgaged : 

Proviso. provided, hoioever, that before such sale, any mortgagee may 

have the right to pay the said taxes and necessary charges 
and expenses, and upon such payment shall have a lien 
therefor, wliicli may be enforced as above named. 

Rights of mortga- Sect. 2. Whenever the owner of real estate subject to 

gee if tax is not iiipi i n -% -t f 

paid by mortga- mortgage, shaii, lor three months alter demand of payment, 
^"'' refuse or neglect to pay the taxes legally assessed upon the 

same, the collector may demand the taxes due thereon, of 
any owner or holder of any mortgage thereon ; and if said 
taxes shall be paid thereupon by him, the same, with ten 
per cent, interest and all necessary intervening charges, shall 
constitute a lien upon such real estate, which lien may be 
enforced as provided in the first section of this act : and, in 
cases wiiere by the conditions of the mortgage the mort- 
gagor is to pay the taxes, the said mortgage shall not be 
redeemed witliout the consent of the holder or owner thereof, 
in writing, unless and until payment is made of the sum for 
which said lien shall exist. In all such cases of payment of 
taxes by the owner or holder of a mortgage, the collector 
shall, if so required, deliver to the person so paying a receipt 
therefor, duly acknowledged by him, which, if recorded in 
the registry of deeds for the county where the real estate is 
situated, within three days thereafter, shall be notice to all 
persons of such lien. 
Liability of mort- Sect. 3. Ally mortgagee, upon taking possession of any 
pofsessio"n, &c"' real estate by force of his mortgage, shall be liable to pay 
all taxes then due, and the costs and expenses of any sale 
that shall have taken place ; and when any such taxes, costs 
and expenses shall be so paid by him, — in cases where by 
the conditions of the mortgage, the mortgagor is to pay the 
taxes, — there shall be a lien therefor to said mortgagee, with 
ten per cent, interest thereon, which lien may be enforced 



1856.— Chapters 240, 241. 155 

as named in the first section of this act ; a receipt for such 
taxes may be required by the collector, acknowledged and 
recorded, as named in the second section of this act, and 
Avith like effect. 

Sect. 4. In all cases of sale of real estate for the pay- s.j. court to 
ment of taxes assessed thereon, the supreme judicial court powers!'^"''^ 
shall have equity powers : provided., relief be sought within 
five years from such sale. 

Sect. 5. No sale of real estate for taxes, shall affect the saienotto aiicct 
rights of any person not taxable therefor, unless a written '' ° '' 
demand is first made upon said person, by the collector, for 
the payment of said taxes. 

Sect. 6. Chapter two hundred and thirteen of the stat- Acts rcpeaicj. 
utes of the year eighteen hundred and forty-nine, and chap- 
ter two hundred and eighteen of the statutes of the year 
eighteen hundred and fifty, are hereby repealed. \^A}rproved 
by the Governor, May 31, 185G.] 

An Act to incorporate the Children's Home and Home for Aged Females, in Chap. 240 

Roxbury. ^ 

Be it enacted by the Senate, and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloics : 

Sect. 1. James Ritchie, John Rogers, Charles K. Dilla- <-'orporators. 
way and James Waldock, their associates and successors, 
are hereby made a corporation by the name of the Children's Name. 
Home and Home for aged Females, in Roxlniry, for the Purpose, 
purpose of providing for destitute children and aged females, 
and aflbrding a temporary home for the same ; with all the Privileges, re- 
powers, and subject to all the duties and liabilities set forth ^ "'^ '°"^' 
in the forty-fourth chapter of the Revised Statutes. 

Sect. 2. Said corporation may take and hold real estate, Real and personal 
not exceeding the value of twenty thousand dollars, and ceca1f5(Kuoo°^^" 
personal estate not exceeding the value of thirty thousand 
dollars, for the aforesaid charitable purposes. 

Sect. 3. This act shall take effect from and after its 
passage. \_Approved by the Governor, May 31, 1856.] 



An Act in aid of the Lebanon Springs Aqueduct Company. ChciJ). 241 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The Lebanon Springs Aqueduct Company, (a May improve m-- 
corporation created by act of the legislature of the State of '''"' *" ' 
New York,) is hereby authorized and empowered to improve 



156 1856.— Chapter 242. 

the streams and springs of water on the west side of Han- 
cock Mountain, lying in the town of Hancock, in this Com- 
monwealth, for the purpose of supplying the inhabitants of 
the village of Lebanon ^SpringSjin the town of New Lebanon 
and State of New York, with good and wholesome water : 
Proviso. provided^ that nothing in this section shall authorize said 

company to divert water from any spring or pond on the 
summit of said mountain, which supplies any stream on the 
east side of said mountain, or divert any water from any 
stream, brook or pond, on the east side of said mountain. 

Sect. 2. Said aquedvict company is hereby authorized to 
convey the water from said streams and springs in under- 
ground aqueducts, to the State line, near said village of 
Lebanon Springs. 
Damages, how as- Sect. 3. All damagcs wliich may be sustaiucd by rcason 
sesKd and paid. ^^ ^j^^ taking by said corporation of any of the ponds or brooks 
aforementioned, or of tlie water thereof, or the water-rights 
connected therewith, or of diverting any portion of said 
water from its natural channel into other channels, or of 
erecting and maintaining any dam or reservoir, or digging 
up any land, street, road or highway, and entering upon the 
same for laying, repairing and maintaining pipes, conduits, 
hydrants and other apparatus necessary thereto, shall be 
paid by the said corporation to the individual or corporation 
injured, which damages shall be assessed in the same man- 
ner as is provided- in the twenty-fourth chapter of the 
Power to lay Rcviscd Statutcs witli regard to higliways. The said aque- 
aqueduct. ^^^^ compauy shall also have power to lay down and repair 

any under-ground aqueduct constructed under the authority 
conferred by this act, along any highway or street in the 
ProTiBo. town of Hancock, leading to Lebanon Springs : provided^ 

that in so doing they shall not impede or obstruct the travel 
on the same. 

Sect. 4. This act shall take effect from and after its 
passage. \_Approved by the Governor, May 31, 1856.] 

ChctH) 242 -^^ ■^^^ *° repeal " An Act to incorporate the Tremont Gas-Light Company." 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as foUoivs : 

Act repealed. Au act to iucorporatc the Tremont Gas-Light Company, 

passed on the fourteenth day of February, in the year one 
thousand eight hundred and forty-six, is hereby repealed. 
\_Apprnved by the Governor, May 31, 1856.] 



1856— Chapters 243, 2U. 157 

An Act extending the time for the Construction of the Agricultural Branch CJlCip. 213 

Railroad. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The time allowed to the Agricultural Branch Railroad Time for con- 
Company, to construct its railroad, is hereb}^ extended one tendwrone^year. 
year. [^Approved by the Governor, May 31, 1856,] 



An Act to enable the Proprietors of Certain Lands in Northampton to pro- Ghttl). 244 
tect the same against Inundation. ^' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Whenever five or more of the several proprietors Proprietors of 
of the lands described in the following section shall desire the «OTpoSon°™' 
construction of such dikes, mounds or other works or erec- 
tions, as shall better protect said lands against inundation 
and overflow, and enable the said proprietors the more se- 
curely to improve the same, they may form themselves into 
a corporation in the manner hereinafter mentioned. 

Sect. 2, The lands to which this act shall extend, are Lands described, 
situated in the town of Northampton, in the county of 
Hampshire, in the vicinity of Maple and Fruit Streets, in 
said Northampton, and arc located within the following 
limits, to wit : Beginning at or near the southerly end of 
South Street Bridge, and thence running along the right 
bank of Mill River to the embankment made by tlie Connec- 
ticut River Railroad ; thence along said embankment to a 
point about fifteen hundred and thirty feet below the Con- 
necticut River Railroad Bridge over Mill River ; thence 
across the meadows from said embankment to Fort Hill, at 
a point about six hundred and sixty feet from said embank- 
ment ; thence along the base of Fort Hill to the place of 
beginning. 

Sect. 3. Upon the application of any five or more of Justice may caii 
such proprietors, as aforesaid, to any justice of the peace, 
he shall issue his warrant to one of the applicants, directing 
him to call a meeting of all the proprietors of said lands, in 
the manner prescribed hj the second and third sections of 
the forty-third chapter of the Revised Statutes. 

Sect. 4. The said proprietors, when asseml)led, pursuant Proprietors may 
to such notice, may proceed to organize themselves as a cor- '^''^^'^^^■ 
poration : provided, a majority of all the proprietors, whether Proviso. 
present or absent, shall agree and vote so to do ; and they 
may thereupon choose a clerk, treasurer, three or more 



158 



1856.— Chapter 244. 



Clerk and asses- 
sors sworn. 



Proprietors may 
raise money, &c. 



AESossments, &c. 



Assessments. 
&c., how col- 
Jected. 



May sue and be 
sued, &c. 



Amount of dam- 
ages in certain 
cases. 



assessors, and a collector, all of whom shall continue in 
office until removed by said proprietors, or until others are 
chosen in their stead ; and the clerk and assessors shall be 
sworn to the faithful discharge of their duty ; and said pro- 
prietors may also choose such committees and other officers, 
as they shall think necessary for the management of their 
affairs, and may agree upon and direct the manner of call- 
ing future meetings. 

Sect. 5. In furtherance of the objects of this act, the 
said proprietors are authorized to construct and maintain, 
anywliere within the limits defined in the second section, 
any dike, mound, or other work or erection, wliich shall be 
deemed by them suitable and sufficient ; and they may, 
from time to time, raise money for that purpose, and for 
defraying their common charges, and for managing their 
affairs as a corporation. 

Sect. 6. All moneys duly voted to be raised, pursuant 
to the last section, shall be assessed by the ai-sessors of said 
corporation upon the several proprietors, having regard to 
the quantity, quality and situation of each person's part of 
the lands, to the extent of his legal or equitable interest in 
the same, and to the benefit that he will derive from the 
works constriTcted ; and any proprietor, who shall think him- 
self over-rated in such assessment, may apjJy for relief to 
the county commissioners for Hampshire county, who shall 
hear and determine the case, and whose judgment thereon 
shall be final. 

Sect. 7. The clerk of the proprietors shall issue his 
warrant to the collector, requiring him to collect all sums 
assessed by said assessors, as well as all sums adjudged by 
said county commissioners to be paid by any person apply- 
ing to them for relief, (their said judgment having been first 
certified to the said clerk,) and to pay over the same to the 
treasurer, or other proper officer, according to the order of 
the proprietors ; and the collector shall collect the said sums 
in the same manner as collectors of towns are authorized to 
collect town taxes. 

Sect. 8. The said proprietors, when organized, as afore- 
said, may adopt any suitable corporate name, and may sue 
and be sued as a corporation, for any matter concerning 
their common property, and may appear, prosecute and de- 
fend, by their agent or attorney, duly authorized. 

Sect. 9. If, in the construction of any dike, mound, or 
other work or erection contemplated by this act, it shall be 
necessary to locate, abut, or build the same upon the lands 
of any person with whom said proprietors are unable to 



1856.— Chapter 245. 159 

adjust the terms of compensation therefor, it shall never- 
theless be lawful for the said proprietors to proceed to 
locate, abut and build the same on said lands ; and the dis- 
senting party may thereupon apply to the county commis- 
sioners for Hampshire county, who shall determine the 
amount of such compensation ; and either party, if dissatis- Either party ma>- 
fied with such determination, may have the same assessed 
by a jury to be summoned, and all proceedings before them 
conducted, and their verdict returned and enforced, in the 
manner provided in the twenty-fourth chapter of the Revised 
Statutes, for the relief of parties aggrieved by the assess- 
ment of damages, for lands taken for highways. [^Approved 
by the Governor, June 3, 1856.] 

An Act for the better protection of the Public at Railroad Crossings. CJlCip. 245 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

If the mayor and aldermen of any city, or the selectmen PubUc safety at 

n , !• , •ii'i XJ.J. railroad cross- 

01 any town, wlierem any turnpike, higliway, street or town-ings. 
way, which is crossed by any railroad upon the same grade, 
is situated, shall be of opinion, in any particular case, that 
the safety of the public would be more effectually secured 
by the stationing of a flag-man, than by the erection of a 
gate at such railroad crossing, as pi'ovided for by the eighti- 
eth section of the thirty -ninth chapter of the Revised Stat- 
utes, the said mayor and aldermen, or the said selectmen, 
may, in writing, request the corporation to which said rail- 
road belong:? to station a flag-man at such crossing, who shall 
display a flag whenever any locomotive engine or train of cars 
passes at such crossing ; and if said corporation shall refuse 
or neglect so to do, the said mayor and aldermen, or select- 
men, may apply to tlie county commissioners to decide upon county commu- 

,1 II /» 1 j_ 1 • p • T ■ • sioners may clo- 

the reasonableness oi such request ; and it said commission- cide. 
ers, after due notice, and hearing the parties, shall decide that p°(;J^' ^^ ''^°™ 
the stationing of such flag-man is necessary for the security 
of the public, the said railroad corporation shall comply with 
said decision, and shall pay the costs of the application ; 
and if the said commissioners shall be of opinion that the 
stationing of h:ucli flag-man is not required as aforesaid, the 
said mayor and aldermen or selectmen, shall be liable to pay 
all the costs of their application. [Approved by the Gov- 
ernor, June 3, 1856.] 



160 1856.— Chapters 246, 247. 

Chcip. 246 -A.N Act to secure Uniformity of Fees in the Courts of this Commonwealth. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Fees established. TliG cliargc fop blaiik wiits, the entry fee of the clerk, and 
the term fee of tlie prevailing party, shall hereafter be the 
same in the supreme judicial court and the court of common 
pleas, as they now are in the superior court for the county 
of Sufiblk. [Approved by the Governor, June 3, 1856.] 



Chan. 247 ^^ ■^^'^ establishing Boards of Trustees for the State Lunatic Hospitals, and 
■* ' in addition to the Acts concerning Lunatic Hospitals. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Board of trus- Sect. 1. Thc governmcnt of each of the State Lunatic 
tees. Hospitals at Worcester, Taunton and Northampton, shall be 

vested in a board of five trustees, to be appointed and com- 
missioned by the governor, with the advice and consent of 
the council. When one year shall have expired after the 
first appointment of a board under the provisions of this act, 
one trustee shall be appointed and commissioned annually ; 
and for this purpose the place of the first named trustee in 
the board shall thereafter be annually vacated, and the name 
of the trustee appointed to fill the vacancy shall be placed at 
the bottom of the list, 
v^mting hospi- Sect. 2. There shall be a thorough visitation of the sev- 
eral hospitals, at least once a month, by two of the trustees 
of their respective institutions, a quarterly visitation by a 
majority of the board, and a semi-annual visitation by the 
whole board. 
Law to apply to Sect. 3. All tlic provisious of chapter forty-eight of the 
ampton.^ °^ ' Ecviscd Statutcs, for the government of the State Lunatic 
Hospital at Worcester, and of subsequent acts relating to 
lunatics, except as herein provided, so far as the same can 
be made applicable, are hereby extended and made applicable 
to the management of the hospital for the insane established 
at Northampton. 
Powers of courts. Sect. 4. The justiccs ofthc suprcmc judicial court, Or of 
the court of common pleas, at any term lield within and for 
the county of Hampshire, sliall have the same powers with 
reference to the hospital at Northampton, that are now given 
to them at any term held within and for the county of Wor- 
cester with reference to the hospital at Worcester. 

Sect. 5. The trustees to be appointed under this act, for 



1856.— Chapters 248, 249. 161 

the hospital for the insane established at Northampton, shall, Governor shaii 
when said hospital is completed and ready to receive patients, onnm/te^&c. 
give notice thereof to his excellency the governor, who shall 
thereupon direct the removal from the hospitals at Worcester 
and Taunton, of such number of their inmates as he may deem 
proper ; and at any time hereafter the governor shall cause 
to be removed from either hospital to another, such inmates 
as circumstances or the necessities of the case may, in his 
judgment, require. 

Sect. 6. All acts and parts of acts, inconsistent with the J°''°°^^*«°* ""^* 
provisions of this act, are hereby repealed. 

Sect. 7. This act shall take effect from and after its pas- 
sage. [^Approved by the Governor, June 3, 1856.] 

An Act in addition to the several Acts for the protection of the Fisheries in CJiap. 248 

Ipswich River. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. When any person is found violating the pro- fjj^^f^^^'^'t^^ ^*y 
visions of any law for the protection of the fisheries in Ips- for unlawful 
wich River, it shall be lawful for any constable of the towns '^ '°^' 
mentioned in said acts, to seize and detain any boat, vessel, 
or nets, used by such persons as are found violating said 
laws for the protection of fisheries in Ipswich River, and 
hold such boat, vessel or nets, until the lowest fine named 
in those acts shall be paid, or good and sufficient bond, with 
surety, shall be given, to abide the judgment of the court in 
that case. 

Sect. 2. This act shall take effect from and after its 
passage. [^Approiwd by the Governor, June 3, 1856.] 

An Act in relation to the Salary of the District- Attorney of the Middle Chcip. 249 

District. ■^' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. The annual salary of the district-attorney for salary estab- 
the Middle District, shall hereafter be one thoTisand dollars, 
to be paid to him out of the treasury of the State, in quar- 
terly payments, and in that proportion for any part of a 
quarter. 

Sect. 2. This act shall take effect from and after its 
passage. [^Approved by the Governor, June 3, 1856.] 

21 



162 1856.— Chapters 250, 251. 

Chop. 250 An Act in addition to an Act to incorporate the Williston Seminary. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

May hold $30,000 Sect. 1. The Williston Seminary is hereby authorized 
and' per^ona/et- to hold real and personal estate, of the value of thirty 
*'^'^- thousand dollars, in addition to the amount which it is now 

authorized to hold, and the income of the same shall be 
Income applied, applied to tlic sauic purposcs as are specified in the act of 

incorporation of said seminary. 

Sect. 2. This act shall take effect from and after its 

passage. \_Approved by the Governor, June 3, 1856.] 

Chcit) 25 1 ^^ ■^^^ *° incorporate the Massachusetts Homoeopathic Medical Society. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as Jollovjs : 

Corporators. Sect. 1. Samucl Grcgg, William Wesselhoeft, Luther 

Clark, George Russell, Milton Fuller, John A. Tarbell, 

David Thayer, their associates and successors, physicians. 

Name. bc, and they hereby are, made a corporation by the name 

of the Massachusetts Homoeopathic Medical Society ; 

Privileges, re- witli all tlic powcrs and privileges, and subject to all the 

strictions, &c. (j^^tics, liabilities and restrictions, set forth in the forty-fourth 

chapter of the Revised Statutes. 
Real and personal Sect. 2. Said Corporation may hold real and personal 
estate, $50,000. gg^g^^g ^q ^|-,g amouiit of fifty thousand dollars. 
Members not en- Sect. 3. Tlic members of Said society shall not be liable 
rolled in militia. ^^ ^^ mustcrcd or euroUed in the militia of this Common- 
wealth. 
Admission of Sect. 4. The members of said society, or such of their 

members. officcrs or members as they shall appoint, shall have full 

power and authority to examine all candidates for member- 
ship, concerning tlie practice of specific medicine and sur- 
Proviso, gery : provided, said candidates shall sustain a good moral 

character, and shall present letters, testimonial of their 
qualifications, from some legally authorized medical institu- 
tion ; and if, upon such examination, the said candidates 
shall be found qualified for membership, they shall receive 
the approbation of the society. 

Sect. 5. This act shall take effect from and after its 
passage. [^Approved by the Governor, June 3, 1856.] 



1856.— Chapter 252. 163 

Ak Act concerning Insurance Companies. Chcip. 252 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 



GENERAL SECTIONS. 

Sect, 1. All insurance companies that have been, or may Powers ana uu- 

- ■ - - - ties of ins 

companies 



hereafter be, incorporated in this Commonwealth, may exer- *'^' °^ insurance 



cise the powers, and shall be subject to the duties and liabili- 
ties provided in this act, and in the forty-fourth chapter of 
the Revised Statues, so far 3s may be consistent with the 
provisions of their respective charters. 

Sect. 2. The first meeting of any insurance company. First meetings. 
shall be called by a notice, signed by one or more persons 
named in the act of incorporation, setting forth the time, 
place, and purposes of the meeting ; and such notice shall, 
seven days at least before the meeting, be delivered to each 
member, or published in some newspaper of the county in 
which the company may be established, or if there be no 
newspaper in the county, then in some newspaper in an 
adjoining county. 

Sect. 8. All companies shall give notice in writing, to the Notice to secreta- 
secretary of the Commonwealth, of the acceptance of their weaith.^°"™°°' 
charter, and organization under the same, within one year 
from the date thereof, or the same shall be void. 

Sect. 4. No company shall deal or trade in buying or Not to ueai in 
selling goods, wares, merchandise or other like property, ^°°'^''' 
excepting such articles as may have been insured by such 
company, and losses are claimed thereon by the insured. 

Sect. 5. It shall not be lawful for any insurance compa- Business to be 
ny, incorporated by this Commonwealth, to do business porate°namr' 
under any other name, style, designation or title, than is °"'-^- 
expressed in its charter ; and every company doing business 
in this Commonwealth, shall conduct the same in the proper 
and corporate name of said company, and not by various 
and different names ; and the policies and contracts of insur- 
ance issued by any company shall be headed or entitled 
only by the corporate name or title of said company ; and 
all insurance companies that have been, or that hereafter 
may be, incorporated in this Commonwealth, shall have their 
office in the town or city specified in said charter ; and in 
case such companies establish agencies in other towns or 
cities, all signs, cards, pamphlets and advertisements, exhib- 
ited or issued by them, shall specify the town or city where 
the company they represent is located. 

Sect. 6. All mortgages on real estate, held by any insur- 



164 1856.— Chapter 252. 

i-ands mort- aiicG compaiiy, shall be liable to be attached, taken and sold 
besoidonexecu- on oxecution, in the manner provided in the fifty-second, 
'*°°" fifty-third and fifty-fourth sections of the thirty-sixth chapter 

of the Revised Statutes, in respect to mortgages held by 

banks. And the secretary shall do the duties therein 

required of cashiers and clerks. 
Liable to taxa- Sect. 7. Evcry insuraucc company, chartered in this 

Commonwealth, shall be liable to be taxed by any general 
Directors to fur- law taxing similar insurance companies ; and the directors 

nish sworn state- ■, -n ■, . -, o • ^ ^ ^ - t 

ment. Shall, wlicn required, lurmsh to the legislature, or to a com- 

mittee thereof, or to the insurance commissioners, a state- 
ment of their affairs, and submit to an examination on oath, 
concerning the same ; every such statement to be first signed 
by the president and secretary, and under oath declared by 
them to be correct, according to their best knowledge and 
belief. 
Annual returns Sect. 8. Evciy insuraiice company doing business in this 
sioners. Commoiiwealth shall, before the fifteenth day of November, 

annually, transmit to the insurance commissioners of this 
Commonwealth, a statement of its affairs, on tlie first day of 
said month, in the form appended to this act, adapted to the 
business done by such companies respectively ; said state- 
ment to be signed and sworn to by the president and secre- 
commissionersto tary. And tlic insurancc commissioners shall, annually, in 
returns. °'^'° ° the montli of September, furnish to the insurance companies 
in this Commonwealth, and to the agents of foreign insur- 
ance companies, doing business in this Commonwealth, two 
or more printed copies of the form of return to be made by 
them. Insurance companies, chartered beyond the limits of 
the United States, and doing business in this Commonwealth, 
shall make return of their standing on the first day of June, 
in each year, agreeably to the form required of companies 
doing a similar business in this Commonwealth ; the said 
returns to be made to the insurance commissioners on or 
before the fifteenth day of November, annually ; said returns 
to be verified and sworn to, before some consul or vice-con- 
sul of the United States, by two or more of the principal 
officers of such insurance company ; and the insurance 
commissioners shall furnish to the agents of companies char- 
tered beyond the limits of the United States, two or more 
printed copies of the form of return to be made by them, 
whenever applied to by the agents of any such companies. 
Penalty for neg- EvciT insuraucc compaiiy doing business in this Common- 

Jecting to make ■■";, i^-j^ii . -, 

returns. wcalth, iieglccting to make the returns as required under 

this act, shall forfeit one hundred dollars for each and every 
day's neglect, and every company that shall wilfully make 



1856.— Chapter 252. 165 

false statements shall be lialile to a fine of not less than five 
hundred dollars, nor more than five thousand dollars, to be 
recovered in the name of the Commonwealth ; and all insur- 
ance companies now incorporated in this Commonwealth, 
and all foreign companies, doing business therein, shall, in 
their next return after the passage of this act, conform to 
the provisions thereof, and the returns made to the insurance 
commissioners in November next, shall conform to the 
required table. The insurance commissioners, in connec- commissioners to 
tion with their annual report, shall prepare an abstract of p'^^p"® 
all the returns made to them by the companies chartered by, 
or doing business in, this Commonwealth, and the agents' 
statements, or returns, and cause the same to be printed, 
and furnished to the legislature in the month of January, 
annually. All fines and forfeitures collected under this law, 
shall be paid into the treasury of the Commonwealth. 

Sect. 9. All insurance companies incorporated by, and companies may 
doing business under the laws of this Commonwealth, may, ^ °^ '^"^*' 
at any annual or special meeting thereof, adopt any rules for 
conducting their business, wiiich shall not be repugnant to 
the provisions of their respective charters, or to the laws of 
the Commonwealth : provided^ that it shall not be lawful Prorifo. 
for any insurance company, incorporated in this Common- 
wealth, by any condition, stipulation or restriction, in the 
policy or by-laws, to designate the county in which any suit 
at law or in equity shall be brought against said company, 
or limit the time of commencing such suit to a less period 
than two years from the time the right of said suit or action 
shall accrue : provided, also, that all matters proposed to Life companies 

- . . not to take fire 

be acted upon at any meeting, shall be specified in the call or marine risks, 
for the same. No life insurance company shall issue poli- 
cies insuring fire or marine risks. The secretary and treas- Treasurer and 
urer of such insurance companies shall give bond for the g^vrbona. ° 
faithful discharge of their respective duties, in such sum as 
may be required by the directors. 

Sect. 10. The insurance commissioners,if, in their opin- commissioners to 
ion the same be expedient, are hereby authorized to calcu- outstanding ^ iif« 
late, or cause to be calculated by a suitable person appointed ^""g^'ig'^t''*'''"""'' 
by them, the existing value, on some day in every year des- 
ignated by them, of all outstanding policies of life insurance 
in companies authorized to make insurance on lives in this 
Commonwealth ; and such calculated values shall be included 
by the insurance commissioners in their annual report to the 
legislature. And by way of compensation for the making 
of said calculation, the insurance companies shall pay an 
amount equal to one cent on every thousand dollars insured 



166 



1856.— Chapter 252. 



by them on lives. All companies making insurance npon 
lives, or their agents, in this Commonwealth, shall furnish 
to the commissioners, or to the person employed by them, 
an attested statement, certified in the same manner in which 
their returns are required to be certified ; which statement 
shall set forth in form the number, date and amount of each 
policy, and the age of the insured, at the period of its date ; 
or in lieu of furnishing such statement, the companies shall 
admit the person who is to make the calculation, into their 
offices, and shall pay his necessary expenses thither and 
back ; in default whereof the said companies, or their agents, 
shall be liable to the same penalties imposed for neglect to 
make returns. 



Choice of direct 
ors. 



Quorum. 
Vacancies 



INSURANCE COMPANIES HAVING SPECIFIC CAPITALS. 

Sect. 11. Every insurance company with a specific cap- 
ital, shall annually choose, by ballot, from the stockholders 
of the company, resident within this Commonwealth, not less 
than five directors, who shall hold office for one year, and 
until others are chosen and duly qualified in their stead. 
Such directors, when elected and notified, shall, before they 
are qualified to act, declare their acceptance of the same, in 
writing, to the secretary of the company. Not less than 
four directors shall constitute a quorum ; and all questions 
shall be decided by a majority of those present. Vacancies 
in any office may be filled by the directors, or by a meeting 
of stockholders called for tliat purpose. Proxies may be 
authorized in writing, each share to be entitled to one vote ; 
but no stockholder shall be entitled to cast over thirty votes. 
The record of the votes, whether cast in person or by proxy, 
made by the secretary or clerk of any insurance company, 
shall be evidence of all such elections. 

vSect. 12. The directors shall, annually, by ballot, choose 
a president and secretary and such other officers as the rules 
direct ; the president shall be chosen from the board of 
directors ; the president and secretary shall annually be 
sworn to the faithful discharge of their duties ; the president 
shall preside at all meetings of the stockholders and direc- 
tors, but when absent, a president pro tern, may be chosen. 
Secretary to keep as tlic meeting may determine. The secretary shall keep a 
record. ^^^^^ Tccord of thc votcs of the stockholders, and of the 

directors ; a true list of the stockholders, and number of 
shares standing in the name of each ; a true record of all 
transfers of shares ; and shall keep, or cause to be kept, a 
record of all policies issued by the company, and of all 
assignments and transfers thereof; and shall keep such 



Choice of presi- 
dent and secre- 
tary. 



Sworn. 



1856.— Chapter 252. 167 

additional books as the president and directors may re- 
quire. 

Sect. 13. Special meetings of the stockholders may be special meetings. 
called by the directors, when they think proper ; and they 
shall call such meetings on the written application of the 
owners of one-fifth part of the capital, or of twenty stock- 
holders ; said stockliolders setting forth in their application 
the purposes of the meeting. 

Sect. 14. The capital stock, unless otherwise specially capital, when 
provided tor by the act oi mcorporation, shall be paid in, in how invested, 
cash, within twelve months from the date of the charter ; 
and no comnany shall issue a policy until the whole amount 
of its capital shall have been subscribed and paid in, in 
cash, unless otherwise provided in the charter of such com- 
pany, nor until a certificate from the insurance commission- 
ers shall have been obtained, authorizing such company to 
issue policies. And the insurance commissioners shall 
examine the same, and a majority of the directors shall make 
oath tliat such money has been paid in by the stockholders 
towards payment of their respective shares, and not for any 
other purpose, and that it is intended that the same shall 
remain as the capital of the company, to be invested as 
required by the provisions of this act. Nor in any case shall 
certificates of full shares be issued, until the whole capital 
shall have been paid in ; and the said capital stock shall be 
invested in the stocks of the United States, or of this Com- 
monwealth, or of any city or town thereof, or in any of the 
banks thereof, or in any railroads thereof, which have been 
completed and paid for, the franchises of which are not 
pledged or mortgaged, or in bonds of railroad corporations 
in this Commonwealth, or may be loaned on mortgages of 
real estate therein, or on pledges of any of the stocks or 
bonds named in this section : provided, that no insurance Proviso. 
company shall own more than one-fourth of the capital of 
any one bank, nor shall any such company invest in, or loan 
on, the stocks and bonds both included, in any one railroad 
company, more than one-tenth of its own capital, nor in the 
aggregate, shall the investment in, and loan on, all railroad 
property, exceed one-fifth of its own capital. Not more 
than one-half of its capital shall be loaned on mortgage of real 
estate, and not more than one-tenth part of the capital of 
said insurance company, actually existing, shall be invested 
in a single mortgage. And if any investment or loan be 
made in any manner not authorized by this act, the directors 
making, or authorizing the same to be made, shall be per- 
sonally liable to the stockholders for any loss occasioned 



168 



1856.— Chapter 252. 



Risks to be taken 



Limitation of 
risks. 



Policies, how to 
be signed. 



Directors to fur- 
nish annual 
statement. 



Liability of presi- 
dent and direc- 
tors. 



Liability of stock- 
holders. 



Annual returns 
to assessors. 



thereby. Nothing contained in this act shall compel any 
insurance company, chartered by this Commonwealth, now 
doing business, to change any investment that was originally 
legally made. 

Sect. 15. Companies thus organized may insure vessels, 
freights, goods, money, efl^cts, money lent on bottomry or 
respondentia, against the perils of the sea, and other perils 
usually insured against by marine insurance ; dwelling- 
houses and other buildings, merchandise and other personal 
property, against loss by fire, according to their respective 
charters. But no stock company shall hold on any one risk, 
a sum exceeding one-tenth part of the capital existing, and 
surplus, after deducting all losses, claims, liabilities, and 
debts due from the company. All policies shall be signed 
by the president and secretary ; in the absence of the presi- 
dent by two directors, and in tlic absence of the secretary 
by a secretary j)ro tern. 

Sect. 16. "At each annual meeting of the company, the 
directors shall cause to be furnished to the stockholders, a 
statement of the condition of the company, and in making- 
dividends, shall not consider any part of the premium money 
divisible, until the risks for which the same was paid have 
absolutely been terminated. But in making up their annual 
statement, they shall be required to charge themselves only 
with such portions of the cash or notes received on policies 
which are unexpired, as would be required to reinsure all 
outstanding risks. When the capital shall have been reduced 
by losses, or from any other cause, the amount thereafter to 
be taken on any one risk shall correspondingly be reduced 
to the limitation in the fifteenth section of this act. If the 
directors allow more to be insured than is authorized by this 
section, on any one risk, they shall be liable for any loss on 
any amount exceeding one-tenth the existing capital. If 
any company shall be under liability for losses actually sus- 
tained, equal to the capital, and the president and directors 
knowing it, shall make insurance or assent thereto, they 
shall be personally liable for the loss, if any take place under 
such insurance. And whenever the charter permits the 
capital stock to be paid by instalments, if said capital be 
lessened by losses before all instalments are paid in, each 
stockholder shall be liable for the instalments unpaid on his 
shares at the time of such loss ; and no dividend shall be 
made until the capital is restored to its original amount. 

Sect. 17. Every company shall, annually, between the 
first and tenth day of May, make return by mail or other- 
wise, to the assessors of every city or town in this Common- 



1856.— Chapter 252. 169 

wealth, in which any stockholder resides, of the names of 

such stockholders, the number of shares belonging to each 

on the first day of May, with the par value and the cash 

market A'alue of the shares, as far as they can ascertain the 

same, deducting the value of real estate as assessed to the 

corporation ; and every company shall make return of the 

number of shares of corporate stocks of all kinds held liy 

them as collateral security for the debt or liability of any 

person residing in such town or city on the first day of May, 

with the names of the persons, number of shares, and par 

value of each kind. Any company neglecting to make the Penalty for neg- 

returns provided in this section, or that shall wilfully make 

false returns, shall forfeit, for each offence, not less than 

fifty, nor more than one thousand dollars, to the use of the 

city or town in which such stockholder may reside ; to l^e 

recovered in the name of such city or town. 

MUTUAL MARINE AND MUTUAL FIRE AND MARINE INSURANCE 

COMPANIES. 

Sect. 18. All mutual marine and mutual fire and marine Election of oa- 
insurance companies which may hereafter be established by ^^'^^' 
a law of this Commonwealth, shall be subject to the pro- 
visions embraced in the twenty-third, twenty-fourth, and 
twenty-fifth sections of this act, relating to mutual fire 
insurance companies, and shall, before commencing busi- 
ness, have an agreement substantially as follows, viz. : — 

"The subscribers, members of the insurance com-^ormofasree- 

pany, severally agree to pay said company, on demand, the 
sums set against our names ; or such part thereof as may 
be called in for the use of the company, in money or prom- 
issory notes." 

Policies of insurance may be issued by such company, when poUcies 
whenever two hundred thousand dollars, if the company is ^^^ 
in Boston, or one hundred thousand dollars, if the company 
is in any other city or town in the Commonwealth, has been 
subscribed and paid in cash, or notes payable on time not 
exceeding twelve months, and the president and a majority 
of the directors shall have certified that the subscribers arc 
known to them, and they believe them solvent and able to 
pay their subscriptions ; and a copy of the same shall have 
been deposited with the insurance commissioners, and 
approved by them. All subsequent subscriptions shall be 
made and certified in like manner ; and a certified copy 
shall, annually, on or before the first day of November, be 
filed with said commissioners. 

Sect. 19. Each subscriber during the term of his sub- Membership 

22 



170 



1856.— Chapter 252. 



How subscrip- 
tions shall be 
held and used. 



scription, and each person insured, shall be a member of the 
company ; but those insured shall not remain members after 
the termination of the risk and the payment of the loss due, 
if any, thereon. 

Sect. 20. The subscriptions provided for in the eight- 
eenth section shall constitute a permanent fund, to be used, 
when necessary, for payment of the losses and expenses of 
the company ; but shall not be applied to pay the premiums 
for insurance effected by the subscribers. The subscription 
notes as they mature, shall be paid in, or -other notes sub- 
stituted therefor, so that the amount of the original fund 
shall not be reduced. The subscription notes, or any pro 
rata portion thereof, may ho, cancelled whenever the net 
profits of the lousiness shall be sufficient to replace the same ; 
and such profits shall then be invested as prescribed in sec- 
tion fourteen of this act, thereafter to be held as the perma- 
nent fund in j)lace of said notes. All payments made on 
subscription notes, and all cash funds not required for the 
current uses of the company, shall also be invested as pre- 
scribed in section fourteen of this act. If any subscriber 
shall fail to pay his subscription, and it shall be proved that 
the president or any director, knowingly certified falsely in 
regard to such subscriber, such person shall be liable to the 
company for such sum as the subscriber fails to pay. 

Sect. 21. No company shall hold, on any one risk, more 
than ten per cent, of the subscriptions and invested funds, 
not pledged, and premium notes on risks absolutely termi- 
nated, after deducting therefrom all losses and claims for 
losses, or cash received for risks not terminated, and all 
Liability of presi- debts. Wliencver, by means of open policies or indorse- 
or"tbr°over'^7n-ments thereon, more than ten per cent, is so at risk, the 
suranee. dircctors sliall, as soon as may be, obtain reinsurance for 

the amount of such excess. If the company shall, at any 
time, be liable for losses beyond the amount of their cash 
fund, legal investments, premium notes received from risks 
terminated, and subscription notes, the president and direc- 
tors, knowing the condition of the company, shall be per- 
sonally liable for all losses occurring on insurance effected 
during such state of the company. 
President to make Sect. 22. Tlic dircctors sliall rcquirc the president to 
make a monthly statement to them of the assets and liabili- 
ties of the company ; which statement shall be entered upon 
the records of the directors, or in a book kept for that pur- 
pose. Every mutual marine and mutual fire and marine 
insurance company, chartered by and now doing business in 
this Commonwealth, shall, from and after the first day of 



Limit of single 
risks. 



montlily state 
ment. 



1856.— Chapter 252. 171 

January, eighteen hundred and fifty-seven, conform to the 
provisions of this act. 

MUTUAL AND STOCK AND MUTUAL FIRE INSURANCE COMPANIES. 

Sect. 23. Every mutual fire insurance company shall Election of direct- 
annually elect, by ballot, not less than seven directors, citi-""^^' 
zens of this Commonwealth, and after the first election, 
members of the company ; and they shall manage and con- 
duct the business thereof. Every person insured by the 
company shall be a member, and no one member shall be 
allowed more than five votes in person. Proxies may be Proxies. 
authorized in writing ; but all such proxies shall not be legal 
unless dated within six months previous to tlie meeting of 
said company, at which the same may be used ; and no indi- 
vidual shall be allowed, by proxy or otherwise, to cast more 
than twenty votes ; and no paid officer of the company shall 
vote as proxy for any absent member. 

Sect. 24. The directors of every mutual fire insurance ciioiee of presi- 
company shall annually choose by ballot one of their num- am/'treasurw? 
ber as president ; they shall also choose a secretary and 
treasurer ; these officers shall annually be sworn to tlie faith- swom. 
ful discharge of their duties, and a record of the oath shall 
be entered upon the books of the company. The secretary secretary to keep 
shall keep true records of the meetings, both of the corpora- ^'"'°'''^- 
tion and the directors, and of all votes passed l)y them ; and 
record, or cause to be recorded, a copy of all policies issued 
by such company ; and also, all assignments or transfers of 
the same, when properly assented to ; the record of which 
policies, assignments and transfers, shall l>c open to the 
inspection of any persons interested therein. 

Sect. 25. Not less than five directors shall constitute a Quorum of direct- 
quorum, and all questions shall be decided by a majority of '"'^' 
those present. Vacancies in any office may be filled by the vacancies, 
directors until the next annual election, or by a new elec- 
tion at a meeting to be called for that purpose. Special special meeting;,. 
meetings of the members may be called when ordered by 
the directors, and the directors shall call such meetings 
when requested, in writing, to do so, by any twenty members. 

Sect. 26. The directors of every corporation whicli shall '^"'■p°''''i"°"«'»*y 

, IP J 1 , . be represented. 

become a member ol any mutual company, may authorize 
one or more of the stockholders of such corporation to rep- 
resent the same in all meetings of the said insurance com- 
pany ; and such representatives shall vote and be eligible to 
the office of director in the company; and any member of Members maybe 
a mutual insurance company may be a competent witness "'""'''*^''^- 
in all cases, civil or criminal, in which the company is a 
party or interested. 



172 1856.--CHAPTER 252. 

Assessment? Sect. 27. Whenever the just claims against a mutual 

fire insurance company exceed the funds, the directors shall 
assess such sums as may be necessary, upon the members, in 
proportion to their premium and deposit, no member being 
liable to pay, in addition to his premium and deposit, more 
than a sum eciual to his said premium and deposit ; and in 
case of classification of risks, said assessment shall be made 
upon such premium and deposit as were given upon hazards 
associated with the property upon which losses have occur- 

Liabiiity of direc- red. And whcuever sufficient property of the company can- 
not be found to satisfy an execution issued against them, 
and the company have property belonging to the period 
assessed, and the proceeds of which can be applied to satisfy 
such execution, and the directors neglect to pay the same, 
or neglect, for thirty days after the rendition of judgment, 
to make an assessment and deliver the same to the treasurer 
for collection, or to apply such assessment, when collected, 
to the payment of the execution, in either of these cases, 
the directors shall be personally liable for the amount of 
the execution. 

Liability of treas- Sect. 28. If tlic trcasurcr of auv mutual company unreas- 
onably neglect to collect an assessment, made by order of 
the directors, and to apply the same to the payment of the 
claims for which it was made, he shall, in his private capaci- 
ty, be liable for the amount of the assessment to tlie party 
having such claims against the company ; and he may repay 
himself for such payments out of any money afterwards 
received for the company on account of said assessment. 

When directors Sect. 29. Whencvcr the directors of a mutual company 

are liable, cred- iniTiij. .• • j. ±i 

itorsmaysue. shali 130 liable to pay any execution against the company, 

the creditor may recover, by a bill in equity, in the supreme 

judicial court, or by an action at law against the directors ; 

and any director, who shall pay any execution against the 

company, for which he is personally liable, may have a suit 

at law, with equitable remedies, for contribution against 

any of the directors for their proportion, and also a suit 

itemedy against at law, Avitli equitable remedies, against the company, or 

corporation. ^j^^ individual members thereof, who may be liable there- 

ProTieo. for, for money so paid for them : provided, that no member 

shall be liable to pay, in addition to his premium and deposit, 

more than a sum equal to his said premium and deposit. 

fn^"'romsoVk)T<.^ Sect. 30. Every member of a mutual company shall, at 

on expiration of tlic cxpiratioii of liis policy, liavc a share in the profits of the 

^°^^^" company during the time his policy was in force, after all 

expenses, liabilities and losses then incurred, have been 

deducted, in proportion to the sums by him paid on account 



1856.— Chapter 252. 173 

of said policy, according to the contract or polic}^ And he 
shall, in like manner, be subject to pay any assessments 
which may be laid by such company, for the payment of the 
losses and expenses of the company, in accordance with the 
charter and laws regulating such companies. 

Sect. 31. No policy shall be issued for a term exceeding Poikiesissuedfor 

,i' , 1 T n , , seven vears, and 

seven years, nor on the mutual plan, tor a greater amount to create a uen, 
than three-fourths of the value of the property insured ; and ^^" 
every policy made by such company shall create a lien on 
the personal property, and on any building insured, and the 
land under the same, for securing the payment of the deposit 
note, or other liabilities, or any sums assessed upon the 
same : provided., the extent of the liability, and tiie intention Proriso. 
of the company to rely upon the lien, shall be set forth on 
the face of the policy. And that upon the alienation of the 
property to a bona fide purchaser, the lien shall cease as to 
all losses which shall thereafter occur, unless the policy 
shall be continued by consent of the purchaser and the com- 
pany. And if it shall become necessary to resort to such Proceedings to 
lien for the payment of the liabilities secured thereby, the '^"^"'''^'^ '"^'^' 
treasurer shall demand payment from the insured, and also 
from the tenant in possession, or the person having posses- 
sion of the personal property, setting forth, in writing, the 
sum due ; and, in case of non-paym-ent, the company may 
sue and levy the execution upon the property or estate. 
The officer making the levy may sell the whole or any part 
thereof, by auction, and apply the proceeds in the same 
manner as in the sale of an equity of redemption of real 
estate ; and the owner shall have the same right to redeem 
any real estate thus sold, as in case of the sale of an equity 
of redemption, upon execution. 

Sect. 82. The directors of mutual fire insurance compa- Poikies to desig- 
nies may divide the property insured into not exceeding four ertyiu'^urcd^''°''" 
classes. The policy shall designate the class, and the assess- 
ments shall be made upon premiums and deposits belonging 
to the class in which the loss occurs : provided^ that no policy Proviso. 
shall be issued in a separate class, until five hundred thou- 
sand dollars shall be subscribed to be insured in that clars 
on one date, and the same entered on the books of the com- 
pany. The expenses of the company, not strictly applicable 
to either class, shall be apportioned to each class according 
to the amount of premiums paid by that class for the same 
period ; and in a division of the funds and returns of pre- 
miums and deposits, each member shall be entitled to receive 
his proportion of the profits belonging to the class in which 
he was insured] and no money belonging to any one class, 



174 1856.— Chapter 252. 

received either as premium or assessment in said class, shall 
be used to pay losses or expenses, or other liability, of any 
other class. 
Assessments and Sect, 33. All mutual firc insuraucc companies shall, 

statements to be i • , i i i? xi ^ i 

recorded. upou making au assessment, keep a record oi the vote passed 

])y the directors for making such assessment, together with 
a statement of the condition of the company at the time such 
assessment shall be made ; and when an assessment is order- 
ed, the Avhole amount to be raised, and the particular losses, 
or other liabilities of which said amount consists, shall be 
stated ; the said statement shall also separately show the 
amount of cash on hand, of deposit notes, and of liabilities 
subject to such assessment. Tlie statement as above shall 
be recorded in a book kept for that purpose, and shall be 
statement sub- sigucd by tlio dircctors voting for such assessment. Said 
tiln, ^c!"'^""' statement shall be open to the inspection of any member of 
the company, with the right to take a copy of the same ; and 
any person who is liable to assessment shall be considered a 
member of the company. It shall not be legal for any com- 
pany to collect an assessment made after the passage of this 
act, until such statement and record shall have been made. 
No assessment shall be laid by any company on any member 
Avhose policy shall have expired or been cancelled for the 
period of two years. Companies dividing their risks and 
insuring in separate classes, shall make a statement as 
above, for each and every class in which an assessment is 
ordered. 
Amount of single Sect. 34. No uiutual tirc insurance company shall con- 
nsks to be taken. ^^.^^^^ ^^j. jiigiij-ance, ou auy one risk, for any greater amount 
than they intend to retain ; and shall in no case contract for 
a larger amount with the view or intention of reinsuring 
any part of the same. 
Investment of Sect. 35. All investments of funds of any insurance 
funds. company shall be made in the corporate name of said com- 

pany ; and all funds of such companies as classify their risks, 
shall be kept and invested separately, so as to designate the 
assets belonging to each class. 
Policies of stock Sect. 36. No uiutual fire insurance company shall issue 
pSnier'"''' ''°™" policies on any other than the mutual plan of insurance, 
excepting such companies as have been chartered as stock 
.¥100,000 guar- aiid mutual companies ; and such companies, before issuing 
quired'TfhiBos- ^^^J policics or transacting any business in the stock depart- 
ton. ' ineiit, if doing business in Boston, either directly or through 

agencies, shall have a guarantee capital of at least one hun- 
dred thousand dollars, paid in and invested as required by 
section fourteenth of this act, exclusive of stockholders' 



1856.— Chapter 252. 175 

notes, unless such notes are secured by mortgage or by 
pledges of stock or bonds, as provided in the fourteenth sec- 
tion of this act ; and of all debts due from the company, and 
such proportion of all premiums received in cash for risks not 
terminated, as would be requisite to reinsure the same ; and sso.ooo, if out of 
if doing business in any other city or town, the sum of at least 
fifty thousand dollars shall be paid in and invested in like 
manner, and be subject to all like conditions and restrictions 
as specified above. All business and all investments on Business of stock 
account of the stock department of such companies shall be kept^e"arate° 
separately kept, and in making returns, as required, to the 
insurance commissioners, shall be according to the form 
marked A ; the business done on the mutual principle shall 
also be kept separate, and returns made agreeably to the 
form marked C, appended to this act, as required in section 
eighth ; and such combined companies shall not take, on 
any one risk in their stock department, a sum exceeding 
one-tenth of their capital stock ; and when the capital stock 
is reduced in any way, the amount thereafter to be taken on 
any one risk shall forthwith be correspondingly reduced to 
the limitation in tlie fifteenth section of this act, until the 
capital shall be restored to its original amount. 

Sect. 37. One-half of the directors of every mutual fire choice of direot- 
insurance company, with a guarantee capital, shall be chosen °"' 
from the holders of the guarantee stock, and the other half 
from the members of the mutual department. The secretary secretary to keep 
of every such company shall keep a true list of stockholders ers of guarantee 
of the guarantee capital, and of the number of shares held ^-'^P'ta^i' &*=• 
by each, and a record of the transfer of shares. Special 
meetings may be called by the directors whenever they think 
proper, and shall be called by them upon the written appli- 
cation of the owners of one-fifth of the guarantee stock, or of 
twenty members of the mutual department, setting forth the 
purposes of the meeting. Such companies shall, annually, Ketumstoassesi- 
between the first and tenth day of May, make the same 
returns to the assessors of each city or town in this Com- 
monwealth, of the holders of the guarantee stock, and of 
the number of shares of corporate stock held as collateral 
security as is required by this act, of companies with specific 
capital ; and shall be subject to the same penalty for neglect- 
ing to make the returns so required. 

Sect. 38. All mutual fire insurance companies that have Present corpora- 

1 • 1 T • n • /-I T 1 1 1 . 1 11 T ''°"^ "^"■y insure 

been incorporated m this (Jommonwealth, sball be allowed out of common- 
to issue policies on any property included in the terms of "'^'' 
their charter, situated in tlie States of Massachusetts, Maine, 
New Hampshire, Vermont, Rhode Island, Connecticut and 



176 



1856.— Chapter 252. 



Future corpora- 
tions prohibited. 



■S500,000 to be 
subscribed be- 
fore policies can 
issue. 



AVTiea life compa- 
nies may go into 
opera tiou. 



Clioiee of direct- 



Dividends 



New York ; but any such company, hereafter incorporated, 
shall not insure property situated without the limits of this 
Co]iimonwealth. 

Sect. 89. No policy shall be issued by any mutual fire 
insurance company hereafter incorporated by the legislature 
of this Commonwealth, until the sum of five hundred thou- 
sand dollars shall have been subscribed to be insured, and 
the same entered on the books of the company. The policies 
issued for the same, and the deposit notes given for said 
insurance, to be of the same date, which deposit notes shall 
not exceed double the amount paid as cash premium. 

MUTUAL LIFE INSURANCE COMPANIES. 

Sect. 40. Before any mutual life insurance company 
shall go into operation, a guarantee capital of one hundred 
thousand dollars shall be paid in money, and invested as 
required by section fourteenth of this act. Tlie subscribers 
or holders of guarantee stock in any mutual life insurance 
company, shall choose the first board of directors ; at all 
subsequent elections they shall choose one-half of the 
directors, until the redemption of the guarantee stock, when 
the insured shall choose all of the directors. The stock- 
holders shall be entitled to such annual dividends, not 
exceeding seven per cent., as may be agreed upon at the 
time of subscribing the capital, if the net surplus over a 
requisite reservation for liabilities and contingencies shall be 
sufficient to pay the same ; and if less than the sum origi- 
nally agreed on, it shall be made equal to it Avhen the profits 
Redemption of of thc Company are sufficient. One-quarter of the estimated 
guarantee stock, g^^^^pj^^g fm^j abovc a sufficicut fuud to provide for risks, 
losses, expenses and dividends, shall be reserved to be appro- 
priated to the redemption of the guarantee stock ; and after 
the expiration of ten years from the organization, when the 
amount reserved shall be sufficient, and the insured shall so 
vote, the guarantee stock may be redeemed. At the expi- 
ration of every five years the residue of the estimated sur- 
plus fund may be divided among the assured in proportion 
to tlie amount of premiums paid by them respectively on 
account of the risk on their policies for any part or the 
Proviso. whole of thc preceding five years : provided, that any policy, 

on which the premium is payable otherwise than by equal 
annual payments, shall not be entitled to a larger distribu- 
tion than if the premium had been so paid. 
Payment of cer- Sect. 41. Evcry compauy empowcred to make jusurancc 
itTto\Tass*^(:fe°n! ou livcs upou laud, shall be sul)ject to the same obligations 
Hospital. fQY the payment of a certain share of the profits to the Mas- 



1856.— Chapter 'lh% 177 

sacliusetts General Hospital, as are imposed on the Massa- 
chusetts Hospital Life Insurance Company. 

Sect. 42. A policy of insurance on the life of any per- insurdato b^ one 
son, expressed to be for the benefit of any married woman,Sf another ''to ^a' 
whether made by herself, her husband, or any other person, ""*• '"''■■ 
shall inure to lier separate use and benefit, and that of her 
children, independently of lier husband or his creditors, or 
the person effecting the same, or his creditors. A trustee 
may be appointed by the party obtaining the policy, or in 
case of no such appointment, then by the judge of probate 
for the county in whicli the party for whose benefit said 
policy is made, resides, to hold the interest of the married 
woman in such policy, or tlie proceeds thereof. A policy 
effected by any person on his own life, or on the life of 
another, expressed to be for the benefit of such other, or his 
representatives, or a third person for whose benefit it was 
made, shall be entitled thereto, against the creditors and the 
representatives of the person effecting the same. If the 
premium is paid by any person with intent to defraud his 
creditors, an amount equal to the premium so paid, with 
interest thereon, shall inure to the benefit of his creditors. 

Sect. 43. The treasurer of the Commonwealth, in his Trc-asui„r to re- 
official capacity, shall take and hold, on deposit, the securi- H,'Il!;,„rrtie^!' s^o! 
ties of any insurance company incorporated under the laws 
of this Commonwealth, which shall be so deposited by any 
such company for the purpose of complying with the laws 
of any other State, in order to enable such company to 
commence business in any other State. The company 
depositing such securities shall have the right to receive the 
income thereof, and, at any time, to exchange the same 
according to the laws of the States in which they may be 
doing business. 

FOREIGN INSURANCE COMPANIES. 

Sect. 44. No foreign insurance company with specific no insurance i.y 
capital, by their agent in this Commonwealth, shall insure comprnies'riui- 
property in this Commonwealth, or contract for insurance |w8|i/'f'-(wop^i'i 
with any residents in this Commonwealth, unless the capital 
stock of the company amounts to one hundred thousand 
dollars, all of which sum shall have been paid in, in cash, 
and invested, exclusive of stockholders' obligations of any 
description not secured as required in the fourteenth section 
of this act, and the debts of the company ; nor unless the 
company is restricted, by its charter or otherwise, from 
incurring any greater hazard in one risk than one-tenth of 

■2.'] 



178 1856.— Chapter 252. 

its unimpaired capital, nor unless the company shall have 
complied with the provisions of this act. 
No foreign mutu- Sect. 45. No forciffn insuranco companv doino' buslncss 

al company to lu- , ,11 iji- , • it • /~i i ii 

sure without upou thc mutuai plan, by then' agent m this Commonwealth, 
and°$ioo!ooo' sliall Insurc property in this Commonwealth, or contract for 
in^ deposit notes, ii^siirancc wlth any resident of this Commonwealth, unless 
said company shall have one hundred thousand dollars in 
cash, or available cash funds, securely invested, and at least 
one hundred thousand dollars in deposit notes ; and before 
any foreign companies, whether doing business on the stock 
or mutual plan, shall, by their agents, transact any business 
in this Commonwealth, they shall satisfy the board of insur- 
ance commissioners that they have the amount of funds 
required by this act, and have complied witli all other pro- 
visions of the same. 
General agents to Sect. 46. Evcrv forcia'u insuraiicc companv, bcforc doing 

be Jippoiuicd in. , ,.*' *— •,. . 

writiQg. business m this Commonwealth, shall, in writing, appoint a 

citizen of this Commonwealth, resident therein, a general 
agent, upon whom all lawful processes against tlie company 
may be served, in like manner as if the company liad existed 
and been duly served with process in this Commonwealth ; 
and said writing, or power of attorney, shall stipulate and 
agree, on the part of the company making the same, that 
any lawful process against said company which may be 
served on said general agent, shall be of the same legal 

Copy to be filed force aiid validity as if served on said comi^any. And a 

with commission- ..•' • ,- ^ ^ i- iin 

ers. copy 01 the Writing, duly certihed and authenticated, shall 

be tiled in the office of the insurance commissioners, and 
copies certified by the said commissioners, shall be evidence 
in the courts of this Commonwealth. This agency shall be 
continued while any liability remains outstanding against 
the company in this Commonwealtli ; and tlie power shall 
not be revoked until the same power is given to another, 
and a copy tliereof filed as aforesaid. And service upon 
said agent shall be deemed sufficient service upon the prin- 

bo^nds-*"*^'^" cipal. The general agent shall, before any insurance is 
made by said company, give a bond to the treasurer and 
receiver-general of this Commonwealth, with one or more 
sureties, to bo approved by him, in the sum of two thousand 
dollars, witli condition that he will accept service of all 
lawful processes against the company, in the manner pro- 
vided in this act. Every agent of any foreign insurance 
company doing business in this Commonwealth, shall, before 
any business is done by him for said company, give a bond 
to the treasurer and receiver-general of this Commonwealth, 
with one or more sureties, to be approved by him, in the 



1856.— Chapter 252. 179 

sum of one thousand dollars, with conditions that he will, ami make re- 
on or before the fifteenth day of November in each year, 
make return, on oath, to the treasurer and receiver-general 
of this Commonwealth, of the amounts insured by him, the 
premiums received and assessments collected, during the 
year ending on the thirty-first day of the October preceding, 
and at the same time pay to the treasurer and receiver-gen- 
eral, the tax provided in the following section of this act. 

Sect. 47. Whenever, by the laws of any other State, '^a^p-' &o..im- 
any taxes, fines, penalties, deposits of money, or of securi- or other st'ltt■^'! 
ties or other ol)ligations or prohibitions, are or shall be 
imposed upon insurance companies incorporated or organ- 
ized under the laws of this Commonwealth, and transacting 
business in such other State, or upon the agents of such 
insurance companies, then, so long as such law or laws shall 
continue in force, the same taxes, fines, penalties, deposits 
and obligations, shall be imposed upon all insurance compa- 
nies doing business in this Commonwealth, which are incor- 
porated or organized under the laws of such other State, 
and upon their agents. And all insurance companies, trans- 
acting business in this Commonwealth, whose charters or 
other powers are derived from the governments or authori- 
ties out of the United States, shall, through their agents in 
this Commonwealth, in lieu of the relative taxes, herein 
before indicated, be subject to the payment annually, of the 
taxes here specified, viz. : on all premiums and assessments 
collected by agents of any such foreign life, fire or marine 
insurance comjmny, a tax of one per centum. 

Sect. 4b. The general agent of every foreign insurance copy of charter, 



company shall, before any insurance is made, deposit with ited wuh commis 



tn be (Icpos- 
with coiniuis- 

tlie insurance commissioners a copy of the charter of the •''"""■^• 
company, and a statement, in the form appended to this act, 
adapted to the business done by such companies respectively, 
signed and sworn to by the president and secretary, and statement to be 
shall, before the fifteenth day of November, annually, trans- 1'"*'''""'^'^- 
mit a statement in the form appended to this act, signed 
and sworn to by the president and secretary, made up to 
the tliirty-first day of October preceding, to the insurance 
commissioners ; and shall publish a copy thereof twice, in 
two difierent newspapers in each county in which the com- 
pany has established an agency, and in counties in which 
but one newspaper is published, three successive weeks. 

Sect. 49. If insurance is made by a foreign insurance vauaity of con- 

• ,i , -1 • .,, ,, . .°. n ,1 • tracts and liabil- 

company witliout complymg with the requisitions of this Hy of agents. 
act, the contract shall be valid ; but the agent making the 
insurance shall be liable to the penalty provided in the fifty- 



180 1856.— Chapter '252. 

first section of this act. And if any such company shall 
neglect to appoint a general agent, agreeably to the pro- 
visions of this act, they shall not recover any premium or 
assessment made by them on any contract of insurance with 
a citizen of this Commonwealth, until the provisions of this 
act are complied with. 
Agents out (.f Sect. 50. P^vcry pcrson actlug foi" au insiirancc company 
udi!n,"^o.'' ' not incorporated in tliis Commonwealth, sliall exhibit, in 
conspicuous letters, on the sign designating his place of busi- 
ness, the name of the State under wliose authority the com- 
pany he represents has been incorporated. And said com- 
pany and agent shall also have printed, in large type, the 
name of such State, and the kind of office, whether char- 
tered as a mutual or stock company, upon all policies issued 
to citizens of this Commonwealth, on all cards, placards and 
pamphlets, and in all advertisements published, issued or 
circulated in this State, by them or him, relating to the 
business of such company. 
A-ents to comply Sect. 51. No T)erson shall be allowed to act as agent of 

with laws, under . , . , -i • ,1 • /-< 

i*-;»uycr.«i.(K)o. any insurance company not mcorporatcd in ihis Common- 
wealth, until such agent shall have complied with all the 
requirements of the laws of this Commonwealth relating to 
such companies and their agents ; and every person so 
acting, without such compliance, or any person who shall, 
knowingly procure payment, or any obligation for the pay- 
ment of any premium for insurance, by fraudulent repre- 
sentations, shall be punished by fine not exceeding one thou- 
sand dollars for each oflence. 
^"i\v^^tT-"-T Sect, 52. Every agent of a foreign insurance company 
returW. ' ' iicglecting to make the returns required by this act, shall 
forfeit one hundred dollars for each and every day's neglect, 
to be recovered by the treasurer of the Commonwealth. 
A-e-its to exhibit Sect. 53. Thc insurance commissioners of the Common- 
4u?rc'i, &r!'" '^^' wealth shall, at anytime, have full power to require the 
agents of any foreign insurance company to exhibit the 
books kept by them, relating to said agencies, and to make 
answer, in writing and under oath, to all reasonable ques- 
tions proposed by said commissioners, in order to elicit a full 
statement of the business done for the company represented 
by such agent ; and any agent refusing or neglecting to 
answer such interrogatories for the space of thirty days, 
shall be deemed not to have complied with the provisions of 
rvnaity for re- thc laws of thls Commouwealth ; and if he continue to act 
■''""^' as agent aforesaid, he shall be liable to the penalty prescribed 

in the fifty-first section of this act. 

Sect. 54. Any agent making ipjuriince in violation of 



1 bo 6. CIh APTER 25 '2. 1 h I 

this act, or any law of this Commonwealth regulating in sur- Penalty for vio- 
ance companies, shall forfeit, for each offence, a sum not ^''^"^ *^" ^^' 
exceeding one thousand dollars : and every ]>erson who shall who deemed »« 
make, contract for or receive, or transmit proposals for 
insurance for any other person, or receive for delivery, poli- 
cies founded on proposals so forwarded by him from' this 
Commonwealth ,*,shall be deemed the agent of the company 
within the meaning of this act. And all payments made for 
policies, whether in money or note, shall be taken and deemed 
as premiums. And the governor and council may allow 
such reasonable compensation for services rendered and 
expenses incurred, in enforcing the provisions of this act, as 
tliey shall deem proper. 

Sect. 55. The word foreign, used in this act, applies to " Foreign '• de- 
all companies not incorporated by the legislatiu'e of this ^"**' 
Commonwealth . 

Sect. 56. The follov.'iug acts are hereby repealed, viz. : acis repealed. 
The eighty-second cliapter of the statutes passed in the year 
one thousand eight hundred and forty-six, and the four hun- 
dred and fifty-third chapter of the statutes passed in the 
year one thousand eight hundred and fifty-four, and so 
much of section nine, of the one hundred and twenty-fourth 
cliapter of the statutes passed in the year one thousand eight 
hundred and fifty-five, as requires the board of insurance 
commissioners to make an annual report to the secretary of 
the Commonwealth : provided, hoivever, that the same shall Provi.^o. 
bo and remain in force so far as may be necessary for the 
recovery of any fines or penalties which may have been 
incurred, and for enforcing any liabilities which may exist 
under the same at the time of the passage of this act ; and 
provided, further, that this repeal shall not operate to revive provided, fw- 
any law which was repealed by any of said acts. *^'"^- 

A. 

Form of Rcl-iirn for all Insurance Companies loith Specific Capi- 
tals, doing husinessin this Commo?iioealf/i. 

1 . State the Name of the Company. 

2. Where located : 

3. When incorporated r 
1 . Amount of Capital ? 

•5. Amount of Capital actually paid in : 

6. Number of shares, and par value of each r 

7. Amount of Fire Risks outstanding ■ 



182 1856.— Chapter 252. 

8. Amount of Marine Risks outstanding ? 

9. Total amount of Outstanding Risks ? 

10. Amount of United States Stock or Treasury Notes owned by the Company ? 

State amount of each kind, and par value and market value of each. 

11. Amount of State Stocks ? 

State amount of each kind, and par value and market value of each. 

12. Amount of Bank Stocks ? 

State amount of each kind, and par value and market value of each. 

13. Amount of Railroad Stocks ? 

State amount of each kind, and par value and market value of each. 

14. Amount of Railroad Bonds? 

State amount of each kind, and par value and market value of each. 

15. Cash value of Real Estate owned by the Company ? 

16. Amount of Cash on hand? 

17. Amount of Cash in hands of Agents ? 

18. Amount loaned on Mortgage of Real Estate ? 

19. Amount loaned on Collateral ? 

20. Amount loaned without Collateral ? 

21. Amount of all other investments? 

22. Amount of Premium Notes on risks terminated? 

23. Amount of borrowed money, specifying collaterals given for the same? 

24. Amount of Losses due and unpaid ? 

25. Amount of Losses claimed and unpaid ? 

28. Amount of Losses reported upon which the liability of the Company i-, 
not determined ? 

27. Amount of all other Claims against the Company ? 

28. Amount of Cash received for Premiums on Fire Risks r 

29. Amount of Cash received for Premiums on Marine Risks ? 

30. Amount of Notes received for Premiums on Fire Risks ? 

31. Amount of Notes received for Premiums on Marine Risks ? 

32. Amount of Cash received for interest ? 

33. Amount of Income received from all other sources ? 

34. Amount of Fire Losses paid last year ? 

35. Amount of Marine Losses paid latt )car? 



1856.— Chapter 252. 183 

36. Amount of Dividends paid the last year ? 

37. Amount paid for expenses of office ? 

38. Amount of other expenditures ? 

39. Amount received in cash for Fire Risks not terminated ? 

40. Amount required to reinsure all outstanding risks ? 

41. Amount of Premium Notes on risks not terminated ? * 

42. Amount of Delinquent Notes not charged to Profit and Loss ? 

43. Highest rate of Interest received ? 

44. Highest rate of Interest paid on money borrowed ? 

45. How many shares of the Capital Stock are pledged to the Company ? 

46. Balance to credit of Profit and Loss account ? 

47. Balance to debit of Profit and Loss account? 

48. IIow many shares of the Capital Stock are owned by the Company, or 

not subscribed for ? 

49. What amount of the Capital consists of the stockholders' notes ? 



B. 

Forin of Return for Mutual Marine, and Mutual Firs and Ma- 
rine Insurance Companies, doing business in this Common- 
wealth. 

1. Name or Title of the Company? 

2. Where located? 

3. When incorporated ? 

4. For what period ? 

6. Amount invested in United States Funded Debt, with the amount of each 
kind owned ? 
State par value and market value, per share. 

6. Amount of United States Treasury Notes owned ? 

State par value and market value, per share. 

7. Amount invested in State Stocks, with the amount Of each kind owned ? 

State par value and market value, per share. 

8. Number of Shares owned in each Bank which are not pledged ? 

State par value and market value, per share. 

9. Number of Shares owned in each Railroad ? Amount inves ted in each, at 
cost on Books ? 
State par value and market value, per share. 



i84 1856.— Chapter 2'y2. 



10. Amount received in Railroad Bonds, and amount of each kind at cost on 

Books r 
State par value and market value, per share. 

1 1. Amount invested in Heal Estate as it stands on tlie Books of the Company ? 

12. State specifically all other investments or property. 

13. Cash on hand and in Bank ? 

14. Cash in hands of Agents ? 

15. Amount loaned on Mortgage of Real Estate? 

1(3. Amount loaned on Notes secured by collaterals of Personal Property? 

17. Amount loaned on Notes without collateral security : 

18. Amount of Stock Notes on hand not overdue ? 

19. Amount of Stock Notes on hand that are past due ? 

20. Amount of Premium Notes on risks terminated r 

21. Amount of Premium Notes on risks not terminated: 

22. Amount of delinquent Premium Notes not charged to Profit and Loss? 

23. Amount of Scrip issued for Profits which remains outstanding? 

24. Amount of Debts due the Company other than those before enumerated ? 

State particularly their respective amounts and origin. 

25. Amount of Marine Risks not terminated ? 

26. Amount of Fire Pusks not terminated ? 

27. Amount received in Cash for Fire Risks not terminated? . 

28. State the highest rate of Interest received. 

29. Amount received for Interest? 

30. State the highest rate of Interest paid for money borrowed. 

3 1 . Amount paid for Interest ? 

32. State the amount borrowed which remains unpaid, and state particularly 

the collateral given for each loan, 

33. Amount of Fire Losses paid the past year ? 

34. Amount of Marine Losses paid the past year ? 

35. Amount of Losses ascertained and unpaid ? 

36. Amount of Losses claimed other than those ascertained and unpaid ? 

37. Amount of Expenses, Taxes and Commissions paid tlic pa^t year ? 



1856.— Chapter 252. 185 

C. 

Form of Return for all Mutual Fire Insurance Companies, doing 
business in this Commonwealth. 

1. Name of the Company? 

2. Where located r 

3. When incorporated ? 

4. Date of commencement of business ? 

5. Amount insured by existing Policies, in each Class f 

6. Amount of Premiums and Deposits on the same, in each Class ? 

7. Amount of Premiums and Deposits received in cash, in each class 5 

8. Number of Shares in each Bank? 

State par value and market value, per share. 

9. Number of Shares in each Railroad ? 

State par value and market value, per share. 

10. Amount of Bonds of each Railroad? 

State par value and market value, per share. 

11. Amount invested in Real Estate, at cost, on the books of the Company ? 

12. State in full all other investments. 

13. Are any of the Assets or Securities of the Company pkdged for liabilities of 

the Company r If yea, state particularly what. 

14. Cash on hand and in Bank ? 

15. Cash in hands of Agents ? 

16. Amount of Losses paid, in each Class, the last year r 

17. Amount assessed on Notes, in each Class, the past year ? 

18. Amount assessed beyond the amount of Notes, in each Class? 

19. Amount of liabilities of the assured to further assessments in addition to 

the amount already assessed, in each Class ? 

20. Amount of Assessments past due and not puid, in cacli Class? 

21. Amount of Policies terminated, in each Class, the past year? 

22. Amount of Policies issued, in each Class, the last year r 

23. Amount of Cash received for such Policies, in each Class, the last year ? 

24. Amount of Premiums received in Notes for the same, in each Class, the 

last year ? 

26. Amount of Losses ascertained and unpaid, in each Class : 
24 



186 1856.— Chapter 252. 

26. Amount of Losses claimed, other than those ascertained and unpaid ? 

27. Amount of Cash Dividends paid to Policyholders, in each Class, the last 

year? 

28. Amount of Assessments beyond the Notes received, in each Class, the 

last year ? 

29. Amount owed for money borrowed, and on what securitiey ■ 

30. Highest rate of Interest paid ? 

31. Highest rate of interest received? 

32. Amount received for Interest ? 

'' 33. Amount insured on Real Estate ? 

34. Amount insured on Personal Property : 

3-5. Amount of Delinquent Notes not charged to Profit and Loss account? 

36. Amount paid for Expenses, Taxes and Commissions, the last year ? 

37. What proportion of the Property insured is in Masvachusetts ? 

38. "What proportion of the I^osses occurred on I'ropertv situated in Massachu- 

setts ? 



D. 

Form of Return for all Life Insurance Companies, doing business 
in this Commonwealth. 

1. Name of the Company ? 

2. When chartered ? 

3. For -what period r 

4. Where located ? * 

5. On what table or basis of Mortality, and upon what rate of Interest, is the 

rate of Premium calculated ? 

6. What percentage is added to rate computed to be necessary for payment of 

Losses, to meet Rent, Salaries, Commissions, and other incidental ex- 
penses and extraordinary contingencies ? 

7. Amount insured by existing Policies ? 

8. Present net value of existing Policies, or amount requisite for reinsurance 

at the rate of Premium charged by the Company, or by some other of 
good reputation, in actual use — and what one, including the '« loading," 
or addition for expenses and contingencies ? 

9. If estimated, and not actually computed, state the grounds upon which said 

estimate is predicated. 



1856.— Chapter 252. 187 

10. State, in full, the Assets of the Company. 

11. Number of Shares owned in each Bank r 

State par value and market value, per share. 

12. Xiimber of Shares owned in each Eailroad, stating the corporate name of 

each, and amount invested in each at cost on books r 
State par value and market value, per share. 

13. Amount owned in Railroad Bonds ? 

State par value and market value, per sliarc. 

14. Amount in ve^•ted in Real Estate, at cost, on the Books of the Company? 

15. Amount loaned on Mortgages of Real Estate ? 

16. Amount loaned on Notes secured by collaterals of Personal Property r 

17. Amount loaned on Notes without collaterals ? 

18. State, in full, all other Investments. 

I'J. Amount due to the Company which is overdue and in arrears: Are any 
such included in the above statements of assets and investments ; and 
if so, to what amount ? What part, if any, is due on account of risks 
actually terminated by the Company ? 

20. Amount of Losses ascertained and unpaid : 

21. Amount of Losses claimed against the Company, v.liether acknowledged as 

due or not by the Company ? 

22. Amount due from the Company on its declared, promised or acknowledged 

indebtedness, or other claims, including dividends, bonuses on distribu- 
tion of surplus, or as profits ? 

23. Amount received for Premiums the past year r 

24. Amount received fur Premiums in Cash: 

25. Amount received for Premiums in Promissory Notes or Securities ? 

26. Amount received for Interest the past year ■ 

27. Amount paid for Interest the past year ? 

28. Amount of Guarantee Funds ? And state particularly whether the same 

are in Cash or Subscription Notes. 

29. How are Dividends Distributions of Surplus Funds, Bonuses, or estimated 

Profits paid, whether in Cash, Scrip, or otherwise on Credit, and whether 
on Demand, or if on Credit, for what length of time, and whether payable 
at a specific time, or indefinitely, at the discretion of the Company ? 

30. Amount paid for Expenses, Tn,xes and Commissions, the past year i 

[Approved by the Governor, June 3, 1856.] 



188 1856.— Chapter 253. 

Chap. 2o3 An Act to authorize the Governor to appoint Ccmmissioners of Deeds in 

Foreign Countries. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled^ and by the authority of 
the same, as follows : 

E^onJwtoTke" ^^*^^' 1- "^^^^ governor shall have power to appoint 
ackDowiedginent oHC or morc commlssioners in every foreign country, who 
shall continue in office during the pleasure of the governor, 
and shall have authority to take the acknowledgment and 
proof of the execution of any deed or other conveyance, or 
lease of any lands lying in this State, or of any contract, 
letters of attorney, or of any other writing, whether under 
seal or not, to be used or recorded in this State, 
commissioner-s Sect. 2. Such acknowlcdgmcnt or proof, so taken, 

certificate to have ^. ni-n -i • r' -i ^ 

effect, &c accordmg to the laws oi this State, and certified by any 

such commissioner, under his seal of office, annexed to, or 
endorsed on, such instrument, shall have the same force and 
effect, as if the same had been made beforp a judge, a justice 
of the peace, or any other officer authorized to perform such 
acts in this Commonwealth. 

Power to aihnin- Sect. 3. Evciy coiiimissioner appointed as before men- 
tioned, shall have power to administer any oath which may 
be lawfully required in this Commonwealth, to any person 
willing to take it ; and to take and certify all depositions 
to be used in any of the courts of this Commonwealth, in 
conformity to the laws thereof, either on interrogatories 
proposed under a commission from a court in this Common- 
wealth, or by consent of parties, or on legal notice given to 
the opposite party ; and all such acts shall be as valid as if 
done and certified according to law by a magistrate in this 
Commonwealth. 

Oath of commis- Sect. 4. Evcry such commissioner, before performing 

eioner, &c. •'. . . .' « i • • P 

any duty, or exercising any power m virtue ot his appoint- 
ment, shall take and subscribe an oath or affirmation, before 
a judge or clerk of one of the courts of record of the state, 
kingdom or country in which said commissioner shall reside, 
well and faithfully to execute and perform all the duties of 
such commissioner, under and by virtue of the laws of the 
Commonwealth of Massachusetts, wdiich, with a description 
of his seal of office, together with his signature thereto, shall 
be filed in the office of the secretary of the Commonwealth. 
Sect. 5. This act shall take effect from and after its 
passage. \^Approved by the Governor, June 4, 1856.] 



1856.— Chapters 254, 255. 189 

An Act relating to the Registry of Deeds for the Northern District of Mid- Ckcip. 254 

dlesex. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. All instruments, relating to real estate situated instruments re- 
within the limits of the district for the registry of deeds ^ordedmNoH™- 
known as the Northern District of Middlesex, required by ""°"*™*- 
law to be recorded in a registry of deeds, shall be recorded 
in the registry of said Northern District of Middlesex, and 
such registration thereof shall be effectual and sufficient for 
all purposes, so far as the place of registration is concerned. 

Sect. 2. This act shall take effect from and after its 
passage. [^Approved by the Governor, June 4, 185G.] 

Ax Act in relation to the Returns of Votes. ChciU. 255 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. The clerks of cities and towns, who shall fail to I'euaity ou clerks 
make their returns of the votes given in their respective u'^n^otef.*" "^^ 
cities or towns, at any election whatsoever, in due season, 
and in conformity with the provisions of the laws, shall be 
liable to a fine of not less than five, and not more tlian fifty 
dollars, to be recovered, by complaint, in any court of com- 
petent jurisdiction; and one-half of the penalty shall go to 
the complainant, and the other half into the treasury of the 
city or town to which such delinquent clerk may belong. 

Sect. 2. All returns of votes shall, henceforward, ^e ^^a'jg''^^ ^au' 
made by mail "to the officers who are, or may be, specified &c. 
by law to receive the same ; and shall be mailed within 
forty-eight hours after the closing of the polls in each elec- 
tion ; and proof of such mailing, within such time, shall be 
a bar to any complaint for delinquency. 

Sect. 3. The secretary of State, and all other officers, to secretary tonoti- 
whom such returns of votes are or may be directed to be not received in 
made, shall notify all city and town clerks, from whom ^'*''^^°*^''^*' 
returns shall not have ])een received within seven days after 
such election, that the returns have not been received. And 
if such clerks, after being so notified, shall fail to mail such 
deficient returns within twenty-four hours after receipt of 
said notice, they shall be liable to the penalty above named, 
for each and every instance of delinquency : provided, that 
if sueh returns shall actually be delivered to the officer or 
officers pointed out by law to receive the same, within seven 



190 1856.— Chapter 256. 

days after each election, in any manner convenient to said 
clerks, it shall be deemed a satisfactory and snfficient dis- 
charge of their duty, and shall be a bar to any complaint for 
delinquency. 
Inconsistent acts Sect. 4. All acts uud parts of acts, inconsistent herewith, 
repeae . _^^^ hereby repealed, \_Approved by the Governor^ June 

4, 1856.] 

C/lCip. 256 A.N Act concerning the planting of Shade Trees. 

Be it enacted by the Senate and House of Representa- 
tives, in General Covrt assembled, and by the authority of 
the same, as folloivs : 

Officers author- Sect. 1. Thc uiayor and aldermen of any city, or the 

ized to plant , ^^ „ , '' . . , ^2 1 i 

shade trees. selectmen Oi any town, or any municipal oihcer, to whom 
the care of the streets or roads may be intrusted by them, 
may authorize the planting of shade trees, wherever it may 
not interfere with the public travel, or with private rights ; 
and such trees, planted pursuant to such license, shall be 
deemed and taken to be the private property of the person 
or persons, or corporations, so planting them, or upon whose 
premises they maybe planted, and may ))e protected as such 
in the same m^anner as any other private property ; and shall 
not be deemed a nuisance, or abated as such, except upon 
complaint made to the mayor and aldermen or selectmen 
aforesaid : who shall, in case of complaint, cause such trees 
to be removed, if the public necessity shall seem to them to 
require their removal. 
Penalty for injur- Sect. 2. Auy pcrsoii or pcrsous wlio sliall Avantonly 
&c. ' ' injure, deface, tear or destroy any ornamental or shade tree 
or shrub, statue, fountain, vase, or other plant or fixture of 
ornament or utility, in any street, road, square, court, park, 
public garden, or other inclosure, shall be liable to a penalty 
of not less than five, nor more than one hundred dollars, to 
be recovered, by complaint, in any court of competent juris- 
diction ; one-half of which penalty shall go to the complainant, 
and the other half to the person or persons, corporation or 
corporations, upon whose property, or within whose prem- 
ises, the trespass may have been committed. ^Approved by 
the Governor, June 4, 1856.] 



1856.— Chapters 257, 258. 191 

An Act in relation to Insolvent Debtors. Chap. 257 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and bji tlie a/utlwrity of 
the same, as follows : 

Sect. 1. Any person, beina; an insolvent debtor under the Discharge in case* 

1 n 1 • /^ 1,11 ini 1 • 1°*^ second insol- 

laws 01 this Commonwealth, Avho shall have been previonsly vency. 
so insolvent, and who shall have paid all the debts owing by 
him at the time of his previous insolvency, shall be entitled 
to a valid discharge, in the same manner, and it shall have 
the same effect, as if he had never previously been insolvent. 

Sect. 2. All acts and parts of acts, inconsistent with J°''°^Jf ®"* ^'^ 
this act, are hereby repealed. [Approi'ed by the Governor, 
June 4:, 1856.] 

Ax Act to incorporate the Wamsutta Bank, in Fall River. Chap. 258 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloirs : 

Sect. 1. Samuel A. Chase, Hale Remington, William fJorporators. 
Mason, 2d, their associates and successors, are hereby made 
a corporation, by the name of the president, directors and 
company of the "Wamsutta Bank, to be established in Fall ^'''^^^■ 
River, and shall so continue until the first day of October, duration. 
in the year one thousand eight hundred and seventy-six ; 
and shall be entitled to all the powers and privileges, and Privileges, re- 
shall be subject to all the duties, liabilities and restrictions, ''"""""'■ *'*'• 
set forth in the public statutes of this Commonvrealth rela- 
tive to banks and banking. 

Sect. 2. The capital stock of said bank shall consist of capital stock. 
one hundred thousand dollars, to be divided into shares of 
one hundred dollars each, to be paid in such instalments, 
and at such times as the stockholders may direct : provided, Proviso. 
that the whole be paid before the first day of May, in the 
year one thousand eight hundred and fifty-seven. 

Sect. 3. The stock of said bank shall be transferable Transfer of stock. 
only at tlic banking house, and on its books. 

Sect. 4. The said corporation shall be subject to all the &Wct to future 
liabilities, requirements and restrictions, contained in such 
acts as may liereafter be passed by the general court in 
relation to banks andl)anking. [^Approredb?/ the Governor, 
June 4, 1856.] 



192 1856.— Chapters 259, 260. 

Chap. 259 An Act to increase the Capital Stock of the Millbury Bank. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloii's : 

Additional capi- Sect. 1. TliG president, directors and company of the 
Millbury Bank, in Millbury, are hereby authorized to increase 
their present capital stock, by an addition thereto of twenty- 
five thousand dollars, in shares of one hundred dollars each, 
which shall be paid in such instalments as the president and 
directors may determine : provided, that the whole amount 
shall be paid in before the first day of May, in tlie year one 
thousand eight hundred and fifty-seven. 
R«mon8trance to Sect. 2, If any of tliG stockholdcrs of said bank remon- 
strate against the acceptance of the additional capital herein 
provided, the said remonstrance shall be made in writing, 
to the cashier of the bank, on or before the first day of July 
next ; and if the persons so objecting, legally represent one- 
fourth part of the present capital stock of said corporation, 
it shall not be entitled to the benefit of this act. 
fatSectto't^x' ^^'^'^- "^- The additional stock aforesaid, when paid into 
&«•• said bank, shall be subject to the like tax, regulations, restric- 

tions and provisions, to which the present capital stock of 
said bank is now subject. 
Certificate^ to be Sect. 4. Bcforc the aforcsaid corporation shall proceed 
ry of state. to do busiucss Oil Said additional capital, a certificate, signed 
by the president and directors, and attested by the cashier, 
under oath, that the same has actually been paid into said 
bank, shall be returned to tlie office of the secretary of the 
Commonwealth. 

Sect. 5. This act shall take effect from and after its 
passage. [^Approved by the Governor, June 4, 1856.] 

Chap. 260 An Act in addition to " An Act to incorporate the Broadway Railroad Com- 
pany." 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Act revived lor Chapter four hundred and forty-four, of the acts of 
t ree years. eighteen lumdrcd and fifty-four, being " An Act to incor- 
porate the Broadway Railroad Company," is hereby revived, 
and continued in force for a period of three years from 
the passage hereof. [^Approved by the Governor, June 
4, 1856.] 



1856.— Chapters 261, 262, 263. 193 

An Act to incorporate the Northampton Hotel Company. CllCip. 261 

Be it enacted bjj the Senate and House of Representa- 
tives, in General Court assembled, and by the authoriti/ of 
the same, as follows : 

Sect. 1. Jonathan H. Butler, John Clarke, Charles corporators. 
Delano, their associates and successors, are hereby made a 
corporation, by the name of the Northampton Hotel Com- Name, 
pany, for the purpose of erecting and maintaining, in the Purpose, 
town of Northampton, buildings necessary and convenient 
for a public house ; with all the powers and privileges, and Privileges, re- 
subject to all the duties, liabilities and restrictions, set forth ^ ™ '°"^' 
in the forty-fourth chapter of the Revised Statutes : pro- Proviso. 
vided, hoivever, that said corporation shall not carry on the 
business of hotel keeping. 

Sect. 2. Said corporation may hold such real and per- ^g^talrnorto^ex^ 
sonal property, as may be necessary and convenient for the ceed sao.ooo. 
purposes aforesaid, not exceeding in amount thirty thousand 
dollars: provided, hovjever, that no shares hi the capital N°f'i=^'''^^>'«"«<^ 

-'.".' . i uuuer par. 

stock of said corporation, shall be issued for a less sum or 
amount, to be actually paid in on each, than the par value 
of the shares which shall be first issued. [Appy-oved by the 
Governor, June 4, 1856.] 



An Act in addition to an Act to establish a Police Court in the Town of Mil- Chttt) 262 

ford. ^' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. The fifth section of chapter sixty, of the act seoo to justice, 
passed in the year one thousand eight hundred and fifty- '"'""''"y- 
four, entitled an act to establish a police court in the town 
of Milford, is hereby amended so that the justice of said 
court shall retain for his services, in criminal prosecutions, 
a sum not exceeding six hundred dollars annually. 

Sect. 2. This act shall take effect from and after its 
passage. [_Approved by the Governor, June 4, 1856.] 



An Act to incorporate the South Berkshire Institute Association. Chan 263 

Be it enacted by the Senate, and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. J. A. Rising, James Hyde, John Brewer, Edwin corporators. 
Adams, their associates and successors, are hereby made a 
corporation, l)y tiie name of the South Berkshire Institute Name. 
Association, for the purpose of establishing a boarding and Purpose. 

25 



194 



1856.— Chapters 264, 265. 



day school in the town of New Marlborough, in the county 
of Berkshire, to be called the Soutli Berkshire Institute ; 
with all the powers and privileges, and subject to all the 
duties, restrictions and liabilities, set forth in the forty-fourth 
chapter of the Revised Statutes. 

Sect. 2. Said corporation may hold real eastate to the 
amount of fifteen thousand dollars, and personal estate to 
the amount of five thousand dollars, to be exclusively de- 
voted to the purposes of education. 

Sect. 3. This act shall take effect from and after its 
passage. [^Approved bij the Governor, June 4, 1856.] 

An Act limiting the time for the Organization of Corporations. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the aidhority of 
the same, as folloics : 

Sect. 1. The time within which all corporations created 
by the general court of this Commonwealth shall be organ- 
ized, shall be limited to two years from the time of tlie pas- 
sage of their respective acts of incorporation, except when 
the time is fixed in their said acts. 

Sect. 2. All corporations heretofore created by the gen- 
eral court, shall be authorized to organize within one year 
from the passage of this act, and not after : provided, that 
the term of two years since the passage of their acts of 
incorporation has then expired, and that there is no limita- 
tion of time in the said acts. 

Sect. 3. This act shall take effect from and after its 
passage. [^Aj)proved by the Governor, June 4, 1856.] 

Chap, 265 -^^ -^CT in addition to an Act concerning Probate Courts in the County of 

Dukes Countj". 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, asfollmos : 

Sect. 1. There shall be a probate court held every year, 
at West Tisbury, in the county of Dukes county, on tlie 
third Monday of October, and at Edgartown, in said county, 
on the third Monday of January. 

Sect. 2. So much of the chapter eighty-three, of the 
Revised Statutes, as provides for the holding of probate 
courts at Tisbury, on the third Monday of January, and at 
Edgartown, on the third Monday of October, is hereby 
repealed. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, June 4, 1856.] 



PriTi leges, re- 
strictions, &c. 



Real estate, 
S15,000. 
Personal estate, 
S5,000. 



Chaj). 264 



Time limited to 
two years. 



Existing corpora- 
tions, to one year. 

Proviio. 



Times of lioldinf 
courts changed. 



Partial repeal. 



1856.— Chapters 266, 267, 268. 195 

An Act changing the time of holding a Term of the Probate Court in the Ckcip. 266 
County of Bristol. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the OAithority of 
the same, as follows : 

Sect. 1. There shall be a probate court held every year Jo„^!t°l^°^'''°^ 
at Taunton, in the county of Bristol, on the Friday next 
after the first Tuesday in November. 

Sect. 2. So much of the eighty-third chapter of the Partial repeal. 
Revised Statutes, requiring a probate court to be held at 
Taunton, in the county of Bristol, on the first Tuesday of 
November, is hereby repealed. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, June 4, 1856.] 

An Act relating to the Public Cemetery of the City of Roxbury. CnCLp. 267 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The real estate belonging to the Forest Hills ^^«'»ptiro'n''i'^- 
Cemetery, purchased by the commissioners of said Forest 
Hills Cemetery, of Joel Seaverns, in pursuance of an order 
of the city council of the city of Roxbury, passed on the 
twenty-seventh of September, in the year eighteen hundred 
and fifty-two, shall bo exempt from all public taxes so long 
as the same shall remain dedicated for the purposes of a 
cemetery. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, June 4, 1856.] 



An Act in addition to •* An Act concerning Judges of Probate." ChciXf 268 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

In determining the jurisdiction of judges of probate, under Jurisaictiou of 
the act, approved on the twenty-fourth day of May, in the id'?^®'' "''^'^^'" 
year one thousand eight hundred and fifty-one, to which this 
is in addition, the provisions thereof shall not be construed 
so as to render any judge incompetent, by reason of interest, 
to act in the settlement of the estates of persons deceased, 
unless the principal sum due or claimed, without interest, 
shall exceed the sum named in said act. [Approved by the 
Governor, June 4, 1856.] 



196 



1856.— Chapters 269, 270. 



Chap. 269 



Additional capi- 
tal. 



Proviso. 



Remonstrance to 
be in writing. 



Additional capi- 
tal subject to tax. 



Certificate to be 
filed with secre- 
tary of State. 



Chap. 270 



Corporators. 



Name. 

Purpose. 

Privileges, re- 
strictions, &c. 



An Act to increase the Capital Stock of the Adams Bank. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. The president, directors and company of the 
Adams Bank, in Adams, are hereby authorized to increase 
their present capital stock, by an addition thereto of one 
himdred and fifty thousand dollars, to be divided into shares 
of one hundred dollars each, wliich shall be paid in such 
instalments as the president and directors may determine : 
provided, that the whole be paid in before the first day of 
May, in the year one thousand eight hundred and fifty- 
seven. 

Sect. 2. If any of the stockholders of said bank remon- 
strate against the acceptance of the additional capital herein 
provided, the said remonstrance shall be made in writing, 
to the cashier of the bank, on or before the first day of July 
next ; and if the persons so objecting, legally represent one- 
fourth part of the present capital stock of said corporation, 
it shall not be entitled to the benefit of this act. 

Sect. 3. The additional capital stock aforesaid, when 
paid into said bank, shall be subject to the like tax, regula- 
tions, restrictions and provisions, to which the present capi- 
tal stock of said bank is now subject. 

Sect. 4. Before said corporation shall proceed to do 
business on said additional capital, a certificate, signed by 
the president and directors, and attested by the cashier, 
under oath, that the same has actually been paid into said 
bank, shall be returned into the oflice of the secretary of the 
Commonwealth. 

Sect. 5. This act shall take effect from and after its 
passage. [^Approved by the Governor, June 4, 1856.] 

An Act to incorporate the Plymouth Library. 

Be it enacted by the Seriate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows: 

Sect. 1. Charles Burton, Andrew L. Russell, John J. 
Russell, Charles G. Davis, William T. Davis, their associates 
and successors, are hereby made a corporation by the name 
of the Plymouth Library, for the purpose of establishing and 
maintaining a library in the town of Plymouth ; with all the 
powers and privileges, and subject to all the duties, liabili- 
ties and restrictions, set forth in the forty-fourth chapter of 
the Revised Statutes. 



1856.— Chapters 271, 272, 273. 197 

Sect. 2. This corporation may hold, for the purpose Reai and personal 
aforesaid, real and personal estate to the amount of ten ^'"''^' ^'^'^''^^^■ 
thousand dollars. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, June 4, 1856.] 

An Act coBcerning the sale of Onions in this Commonwealth. ChciD. 271 

Be it enacted bt/ the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. In all purchases and sales of onions hereafter AVeight of bushei. 
made in tliis Commonwealth, the standard weight of the 
bushel shall be fifty-two pounds ; and the provisions of the 
one hundred and ninety-ninth section of the twenty-eighth 
chapter of the Revised Statutes shall hereafter apply to all 
such purchases and sales. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, June 4, 1856.] 

An Act to amend an Act entitled an Act in addition to an Act to establish ^>; 079 

the City of Worcester. i^fiap. Z i Z 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as foUoics : 

Sect. 1, The power conferred upon the city council of ^'o^e^ofmayor 
thecity of Worcester, by the fourth section of an act in addi- ^ 
tion to an act to establish the city of Worcester, chapter one 
hundred and ninety-one of the acts passed in the year one 
thousand eight hundred and fifty, is hereby conferred upon 
the mayor and aldermen of said city. 

Sect. 2. This ac? shall take efiect from and after its pas- 
sage. [Approved by the Governor, June 4, 1856.] 

An Act changing the time of holding a Probate Court at Groton, in the Qfian^ 273 

County of Middlesex. "' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

There shall be a probate court held at Groton, in the Time for holding 
county of Middlesex, on the third Tuesday of October in VhttT""' 
every year ; and so much of the eighty-third chapter of the 
Revised Statutes, requiring a probate court to be holden at 
said Groton, on the first Tuesday of November, is hereby 
repealed. [Approved by the Governor, June 4, 1856.] 



198 



1856.— Chapter 274. 



Chap. 274 An Act to incorporate the Agawam Bridge Company. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as folloivs : 

Sect. 1. Lyman Whitman, Thomas Kirkland, Henry 
Fuller, Henry Sykes, Luther Loomis, Henry Wolcott, 
Charles G. Rice, Elijah Bliss, J. E. Cooley, Horace Cutler, 
and their associates and successors, are hereby made a cor- 
poration hy the name of the Agawam Bridge Company ; 
with all the powers and privileges, and subject to all the 
duties, liabilities and restrictions, set forth in the forty-fourth 
chapter of the Revised Statutes. 

Sect. 2. The said corporation is hereby authorized and 
empowered to erect a bridge over Connecticut River, between 
the city of Springfield and the town of Agawam, at or near 
the present ferry, and to purchase and hold such real and 
personal estate- as may be proper for that purpose, not 
exceeding in value the sum of one hundred thousand dollars : 
provided, that no shares in the capital stock of said corpora- 
tion shall be issued for a less sum or amount, to be actually 
paid in on each, than the par value of the shares which shall 
be first issued. And said bridge shall be well built, of suit- 
able materials, at least twenty-six feet wide, and floored with 
planks, with sufficient railings on each side, and shall be 
kept in good repair at all times. 

Sect. 3. The said corporation shall be holden to make 
compensation to any person whose real estate or franchise 
shall be taken for the uses aforesaid, or be prejudiced there- 
by ; and if there shall be a diflFerence of opinion as to the 
value of the same, either party may^apply to the county 
commissioners to estimate the damage such person may sus- 
tain ; whereupon the same proceedings shall be had, in 
respect to damages and costs, and trial by jury, as are pro- 
vided by the twenty-fourth chapter of the Revised Statutes, 
concerning townways and private ways. 

Sect. 4. A toll is hereby granted to said corporation, 
and established at the following rates : — For each foot pas- 
senger, two cents ; for each horse and rider, five cents ; for 
each gig, sulky, buggy, wagon or sleigh, Avithout top, drawn 
by one horse, ten cents ; for each chaise, cab, carryall, cov- 
ered buggy or sleigh, drawn by one horse, twelve cents ; for 
each coach, chariot, phaeton, omnibus or covered sleigh, 
drawn by two horses, twenty-five cents ; and for each addi- 
tional horse, four cents ; for each cart, wagon, sled, sleigh 
or other carriage of burden, drawn by one beast, ten cents ; 



Corporators. 



Privileges, re- 
strictions. &c. 



Authorized to 
crtct a bridge 
over Connecti- 
cut River. 

Real and personal 
estate not to ex- 
ceed $100,000. 



Bridge to be well 
built, &c. 



Corporation to 
make compen- 
sation for prop- 
erty taken. 



Toll granted. 



1856.— Chapter 274. - 199 

if draAvn by two beasts, fifteen cents ; for eacli additional 
beast, four cents ; for each horse without a rider, four cents ; 
for slieep and swine, each, one cent ; and one person, and 
no more, to eacli team, sliall pass free of toll. 

Sect. 5. The said tolls shall commence on the day of when to com- 
the opening of said bridge for public use, and continue for '"''"''*' 
the term of sixty years thereafter ; and at the place of receiv- 
ing said tolls, there shall be constantly exposed to view a 
sign-board, with the said rates of toll fairly and legibly 
painted or printed thereon : provided, that if at any time Proviso, 
after the building of said bridge the county of Hampden, the 
city of Springfield, and the town of Agawam, or any or 
either of them, shall reimburse the proprietors the money 
expended by them upon the same, with six per cent, interest 
added, the said bridge shall then be surrendered to the 
county of Hampden, to be forever after maintained as a free 
bridge. 

Sect. G. The said corporation may, if it see cause, com- May commute 

, • T , /» , n -ii 1 J. 1 • rates of toll, &c. 

mute said rates oi toll with any person or persons, by taking 

a certain less sum, payable at any stated periods, instead of 

the toll aforesaid, or by taking of all persons less rates of 

toll than are above specified ; public notice of their intention Pubiic notice to 

so to do being first published three weeks successively, in "'"'^®"' 

some newspaper printed in the city of Springfield. 

Sect. T. The said corporation at the time of opening corporation tore- 
said bridge, or as soon as may be thereafter, shall cause a expcnsTs'^of^buiw- 
true account of the expenses of building the same, and also ^°°' '^''• 
at the end of every three years thereafter, a true account of 
all receipts and disbursements on account of the same, to be 
returned into the office of the secretary of the Common- 
wealth. 

Sect. 8. The legislature may, at any time hereafter. Legislature may 
regulate the tolls on said bridge, as they may deem expedi- '^*^^" "^ ^ 
ent, upon reasonable notice to said corporation. 

Sect. 9. If said corporation shall neglect, for the space Act to be void 

. unless Drid""© i3 

of five years from the passing of this act, to build and finish finished in five 
the said Inidge, then this act shall be of no effect. ■'''"''''■ 

Sect. 10. This act shall take effect from and after its 
passage. \^Approved hij the Governor, June 4, 1856.] 



200 



1856.— Chapters 275, 276. 



corporators. 



Chap. 275 Ax act to incorporate the Shelburne Falls Bank. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows: 

Sect. 1. Jarvis B. Bardwell, E. G. Lamsoii, Carver 
Hotchkiss, their associates and successors, are hereby made 
a corporation by the name of the president, directors and 
company of the Shelburne Falls Bank, to be estalilished in 
the town of Shelburne, and village of Shelburne Falls, and 
shall so continue until the first day of October, in the year 
one thousand eight hundred and seventy-eight, and shall be 
entitled to all the powers and privileges, and be subject to 
all the duties, liabilities and restrictions, set forth in the 
public statutes of this Commonwealth, relative to banks and 
banking. 

Sect. 2. The capital stock of said bank shall consist of 
one hundred thousand dollars, to be divided into shares of 
one hundred dollars each, to be paid in such instalments 
ProTiso. and at such times as the stockholders may direct : provided, 

that the whole be paid in before the first day of May, in the 
year ojie thousand eight hundred and fifty-eight. 
Transfer of stock. Sect. 3. The stoclv of Said bauk shall ])e transferable 
only at its banking-house and on its books. 

Sect. 4. The said corporation shall be subject to all the 
liabilities, requirements and restrictions contained in such 
acts as may hereafter be passed by the general court, in 
relation to banks and banking. \^Approved by the Governor, 
June 4, 1856.] 



Cipital .stock 
S100,000. 



Subject to future 
laws. 



Chap. 276 



Corporators. 



Purpo-se. 



Privileges, re- 
strictions, &c. 



Proviso. 



An Act to incorporate the Brookline Hotel Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Charles Wild, William Aspinwall, George F. 
Homer and Nathaniel Harris, their associates and succes- 
sors, are hereby made a corporation by the name of the 
Brookline Hotel Company, for the purpose of erecting a 
liotel in tlie town of Brookline, and maintaining such public 
house, and the buildings and improvements connected there- 
with ; and for these purposes shall have all the powers and 
privileges, and l)e subject to all the duties, restrictions and 
limitations, set forth in the forty -fourth chapter of the Re- 
vised Statutes : provided, that said corporation shall not 
carry on the business of hotel keeping, or be in any way 
interested in such business. 



1856.— Chapters 277, 278. 201 

Sect. 2. The whole amount of real and personal estate, g^^i'^'l^^fio^''" 
or capital stock, which said corporation may hold for the ' 

purposes aforesaid, shall not exceed one hundred thousand 
dollars. 

Sect. 3. The one hundred and twenty-third chapter of J'ormer act re- 
the acts of the legislature, passed in the year one thousand 
eight hundred and fifty-five, is hereby repealed. 

Sect. 4. This act shall take effect from and after its pas- 
sage. \^Approved by the Governor^ June 4, 1856.] 

An Act to fix the Salary of the District-Attorney for the South-Eastern CIlCip. 277 

District. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The salary of the district-attorney for tlie south-eastern ^^^^ ®^*^*^" 
district shall be henceforward established at the rate of one 
thousand dollars per annum — payable in equal quarterly 
payments, out of the treasury of the Commonwealth. [^7?- 
proved by the Governor, June 4, 1856.] 

An Act to prevent Waste. Chap. 278 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

The provisions of the fifty -fourth section of the three hun- issue of writs of 
dred and twelfth chapter of the statutes of the year eighteen wiTtef&T.*''^''^^ 
hundred and fifty-two^ are hereby so far extended as to 
embrace all cases when any real action has been or 
may be brought for the recovery of land, and any waste 
thereon has been committed or threatened by the de- 
fendant, or any one claiming under him, or acting by his 
permission on tlie land ; and in all cases the court, or the 
justice thereof, to whom application is made, may, in their 
discretion, require that the applicant shall, before the issu- 
ing of tlie writ of injunction, give a bond with sufficient 
sureties to the adverse party, with the condition tliat the 
applicant shall pay all damages, whicli may arise from the 
issuing of said writ of injunction, in case the same should 
be subsequently dissolved. [Approved by the Governor, 
June 4, 1856.] 

26 



202 1856.— Chapter 279. 

Chcip. 279 A-N Act in addition to an Act to incorporate the Dorchester Avenue Railroad 

Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Authorized to is- Sect. 1. The Dorcliestei" Avenue Railroad Company are 
exceed amount o°f hereby authorized to issue bonds, for the purpose of con- 
eapitai. structlng their road, or for money which it may borrow, for 

any purpose sanctioned by law ; but the bonds so issued 
shall not exceed the amount of capital stock paid in by the 
stockholders of said company. Such bonds may be issued 
in sums of not less than five hundred dollars each, payable 
in twenty years from their date, with interest at the rate of 
six per cent., payable semi-annually. 
Bonds to be ap- Sect. 2, Sucli bouds sliall be approved by a majority of 
prove . ^j^^ finance committee of said corporation, who shall certify 

that each of said bonds is properly issued and recorded upon 
the books of the corporation. All bonds and notes which 
shall be issued by said corporation shall be binding and 
collectable in law, notwithstanding such bonds or notes may 
be negotiated and sold by such corporation, or their agents, 
at less than par. 
Security of bonds. Sect. 3. Said bouds sliall be secured by a conveyance of 
the corporate property to three trustees, by a suitable instru- 
ment to be prepared for that purpose, as a pledge or mort- 
gage to secure the performance of the conditions of said 
bonds. 
Sinking fund. Sect. 4. The said corporation shall, semi-annually, pay 

to said trustees a sum equal to two per cent, per annum, on 
the amount of said bonds, for the purpose of creating a 

Trusteesto man- sinking fund. Said trustccs shall have the care and man- 
age smiimg fund. j_/>nji n ^ ^ • • 

agement oi all the moneys, lunds and securities at any time 
belonging to said sinking fund ; and they shall, from time 
to time, at their discretion, invest the moneys on hand 
securely, and so that they shall be productive, and the same 
may be invested in the bonds of the Dorchester Avenue 
Railroad Company, secured as aforesaid, or loaned on inter- 
est to any county, city, or town, or any bank of this Com- 
monwealth, or the same may be loaned on interest, well 
secured by a first mortgage of real estate to an amount not 
exceeding one-half the value thereof, or by pledge of the 
scrip or stock of any of the New England States, or of any 
city, county, or town, as aforesaid, or of any bank incorpo- 
rated by this Commonwealth ; and the said fund, together 
with the accruing interest, shall constitute a sinking fund 
I: . for the payment and redemption of said bonds. 



1856.— Chapter 279. 203 

Sect. 5. Said trustees shall make an animal return to ^^^^gf^g^^^j^'^f ° 
the secretary of this Commonwealth, of the whole amount 
of bonds issued by said corporation and secured by mort- 
gage as aforesaid, and the whole amount by them received, 
and the investments made thereof. 

Sect. 6. Incase of failure by the said corporation, in incase of failure 

1 p ^ f»i T- f'liij-l &c., S. J. Court 

the periormance oi any oi the conditions oi said bonas, tne may order saie. 
trustees shall petition the supreme judicial court for leave 
to sell the property conveyed to them as aforesaid ; and 
thereupon the same shall lie sold in such way and manner 
as the court may order ; and after the payment of all costs 
and expenses, there shall be paid into the sinking fund a 
sum which, added to the amount then on hand, shall equal 
the amount of said bonds, and any interest thereon due and 
unpaid, and the remainder thereof paid to said corporation. 

Sect. 7. The purchaser or purchasers at such sale, may ^^l^^^^'^^^^H 
associate themselves together, under any name by them poration, &c. 
assumed, for the purpose of managing said railroad, and 
they shall, together with their successors and assigns, be 
and remain a body corporate, under the name assumed by 
them ; but, before they shall commence business, they shall ^fj^''^^^'*' '° '''' 
make a certificate, setting forth their corporate name, the 
amount of capital actually paid in, and the par value of 
the shares ; which certificate shall be signed and sworn to 
by the president, treasurer, and a majority of the directors 
of said company, published three times in two daily Boston 
papers, and filed with the secretary of the Commonwealth ; 
and when so organized, they shall become a corporation, 
with like powers and privileges, and subject to all the duties 
and restrictions set forth in the act incorporating the Dor- 
chester Avenue Railroad Company. 

Sect. 8. The supreme judicial court shall have full f^'y^PX" '^ 
equity powers on all matters relating to this act, or the acts 
to which it is in addition. 

Sect. 9. This act shall not take effect unless it shall be f^^t^^^e^^^'fe^ 
accepted by a majority of the stockholders of the aforesaid 
corporation, at a meeting called for that purpose. [^/?- 
proved by the Governor^ June 4, 1856.] 



204 



1856.— Chapters 280, 281. 



May extend 
pipes, &c. 



May open 
ground, lay 
pipes, &c. 



Chap, 280 ^N Act in addition to an Act to incorporate the Maiden and Melrose Gas- 

Light Company. 

Be it enacted by the Seriate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The Maiden and Melrose Gas-Light Company 
may extend their pipes into Medford and West Cambridge, 
and bnild all necessary buildings in either of said towns ; 
and they shall have power and authority to open the ground 
in any part of the streets, lanes and highways, in said towns, 
for the purpose of sinking and repairing such pipes and 
conductors as it may be necessary to sink, for the purposes 
aforesaid ; and the said company, after opening the ground 
in said streets, lanes, and highways, shall be held to put the 
same again in repair, under the penalty of being prosecuted 
for a nuisance : provided, hoivever, that the selectmen of said 
towns, respectively, for the time being, shall, at all times, 
have the power, in their respective towns, to regulate, restrict 
and control, the acts and doings of said company, which 
may in any manner affect the health, safety or convenience 
of the inhabitants of said towns ; and provided, further, 
that they shall not extend their pipes into Medford without 
first obtaining the written consent of the selectmen of said 
town. 

Sect. 2. From and after the acceptance of this act, the 
Maiden and Melrose Gas-Light Company shall be called and 
known as the Maiden, Medford and Melrose Gas-Light Com- 
pany. 

Sect. 3. This act shall take effect from and after its 
passage. [^Approved by the Governor, June 4, 1856.] 

Chcip. 281 An Act to incorporate the General Charitable Society, of Newburyport. 

Be it enacted by the Senate arid House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Mary E. Dimmick, Margaret H. Andrews^ 
Sarah J. Spalding, Mary C. Balcli, their associates and suc- 
cessors, are hereby made a corporation by the name of the 
General Charitable Society, of Newburyport, for the pur- 
pose of taking, holding, investing and distributing such 
funds as they now have, or as may hereafter be given them, 
for the charitable and benevolent objects of their association ; 
with all the powers and privileges, and subject to all the 
duties, liabilities and restrictions, set forth in the forty-fourth 
chapter of the Ee vised Statutes. 



Proviso. 



Provided, fur- 
tlier. 



Change of title. 



Corporators. 



Name. 
Purpose. 



Privileges, re- 
strictions, &c. 



1856.— Chapter 282. 205 

Sect. 2. Said corporation shall be empowered to hold Reai ana personal 
real and personal estate to an amount not exceeding ten cLd lioVo" ^''" 
thousand dollars. 

Sect. 3. This act shall take effect from and after its 
passage. [^Approved by the Governor^ June 4, 1856.] 

An Act concerning Charles River and Warren Bridges. Ckcit). 282 

Be it enacted by the Se7iate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloins : 

Sect. 1. There shall be provided for Charles River Di-aw-tenaers ap- 
Bridge and for Warren Bridge, a steady and discreet person p°'°*^''' 
for draw-tender. 

Sect. 2. Said draw-tenders shall have full control and csenerai duties, 
direction (under the rules and directions of the agent or 
superintendent) of the passing of all vessels through said 
draws ; they shall give all necessary advice, and furnish 
proper facilities for said passing ; they shall allow no 
unnecessary detention, having due regard and caution for 
the public travel ; they shall be ready, day and night, to 
open the draws ; and the agent or superintendent shall have 
posted up, in some conspicuous place, for the inspection of 
all persons interested therein, a written or printed copy of 
his regulations, conforming to the provisions of this act. 

Sect. 3. Every commander or master of a vessel apply- Keguiationg for 
ing to pass the draw, shall give the draw-tender a true report Sraw"^ *^^ 
of his vessel's extreme breadth (when required so to do) ; 
he shall be governed by the draw-tender, as to the priority 
of right, when two or more vessels apply to pass at the same 
time ; he shall so place his buoys, warping lines, anchors or 
cables, as neither to interfere with other vessels, or obstruct 
the bridge, except as he may be authorized by the draw- 
tender or agent ; and vessels shall go to the right in passing 
up and down, according to the tide, if practicable, unless 
otherwise directed by the draw-tender. 

Sect. 4. Any person obstructing such draw-tender inFineforobstmct- 
the performance of his duty as prescribed by this act, or ^"^ 
violating the provisions of this act, shall, upon conviction 
thereof, pay a fine of not less than three nor more than fifty 
dollars. 

Sect. 5. Any person who shall break, deface or impair Fine for injuring 
either of said bridges, wharves, or piers, or shall unnecessa- briagef &c'!''°^ 
rily open or obstruct the draAV, without the consent of such 
draw-tender, or shall, without the consent of such draw-ten- 
der, make fast or moor to such bridge, any scow, raft or 



206 1856.— Chapter 283. 

other vessel, within wake of the draw, shall, upon conviction 
thereof, pay a fine of not less than three nor more than 
twenty dollars ; and any city marshal or constable, within 
whose jurisdiction such obstruction may occur, shall have 
power, upon the complaint of such draw-tender, to remove 
the commander or master and remove such vessel at the 
owner's expense. 
Vessels to pay Sect. 6. If auy vcsscl sliall, throuo'li the neoflia'cnce or 

dsuuQ £ces &c. . oo 

^' ' carelessness of the master, or others having charge of such 

vessel, injure, or damage said bridge, wharf or pier, such 

vessel, her master and owners, shall pay for repairing such 

damage, with costs for collecting the same. 

Pouait^^tOTwii- Sect. 7. If any person shall wilfully injure or damage 

&c. ' said bridge, wharf or pier, or shall wilfully disturb or hinder 

the draw-tender in the discharge of his duties as aforesaid, 

he shall forfeit and pay for each offence, a penalty of not less 

than fifty, nor greater than one hundred dollars, to the use 

of the Commonwealth, to be recovered by indictment or 

information, in any court of competent jurisdiction, and such 

person, so offending, shall be further liable to answer in 

Proviso. damages to the Commonwealth : provided., that nothing in 

this act shall be construed as intending to impair or affect 

the legal rights of any person whatever. 

Sect. 8. This act shall take effect from and after its 
passage. \^Approved by the Governor, June 4, 1856.] 

Chdf). 283 -^^ -'^<^'^ concerning the Essex Merrimac Bridge. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Corporation cou- Sect. 1. Tlic proprlctors of the Essex Merrimac Bridge, 
tinued 25 years. ^^.^ hereby coutiuued a corporation for the term of twenty- 
five years beyond the time now fixed by their charter, and 
the acts additional thereto, and shall be entitled to all the 
powers and privileges, and subjected to all the restrictions 
and liabilities, now set forth in their charter, and the acts 
ProTiso, additional thereto : provided, that the said proprietors shall, 

within eighteen months after the passage of this act, cause 
the following additions and alterations to be made to the 
said bridge, namely : the wooden part of the pier on the 
southerly side of the draw of said bridge, and adjoining 
thereto, shall be raised two feet higher than it now is, and 
the said proprietors shall construct and keep in good repair, 
during the whole time they may be authorized to receive 
toll, a new pier, to be connected to the aforesaid pier, extend- 



1856.— Chapter 284. 207 

ing easterly therefrom seventy feet, which pier shall be 
twenty-five feet wide on the top, and of the same height as 
the pier aforesaid, and shall be built in like manner as the 
piers of. said bridge are now built, and suitable posts and 
rings shall be attached to said pier, for the accommodation 
of vessels passing through the draw of said bridge ; also, the 
said proprietors shall place and maintain, during the term of 
their charter, two good buoys in the river on the easterly side 
of the said bridge, and three good buoys in the river on the 
westerly side of the said bridge, witli sufficient chains and 
anchors for vessels to lie at securely while passing tlirough 
the draw of said bridge ; and they shall be placed in such 
locations as the branch pilots on the Merrimac River shall 
designate. 

Sect. 2. The three hundred and sixtieth chapter of the contutioMi re- 
acts of the year one thousand eight hundred and fifty-five, 
entitled " An Act concerning the Essex Merrimac Bridge," 
shall be void and of no effect, when the additions and alter- 
ations set forth in the first section of this act are completed, 
according to the provisions thereof. [^Approved hy the Gov- 
ernor, June 4, 1856.] 

An Act in addition to the several Acts for the relief of Insolvent Debtors, and Qfidn 284 
the more equal Distribution of their Effects. ^ 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the sa?ne, as folloivs: 

Sect. 1. There shall be, and there are, hereby estab- courts of insoi- 
lished, courts of record, to be called courts of insolvency, Id""^*'"' 
one in and for each county in this Commonwealth ; and there Appointment of 
shall be appointed, commissioned and qualified, in the man-''"''^''''^' 
ner prescribed by the constitution, a suitable person learned 
in the law, to be judge for each of said courts, who shall 
hold his office during good behavior ; and as vacancies shall 
occur, the same shall ho filled in the manner prescribed by 
the constitution for appointing and commissioning judicial 
officers. 

Sect. 2. Said judges shall have and exercise all the J""sdiction of 
jurisdiction, power and authority that commissioners of^*^'"*^"' 
insolvency now have and exercise under and by virtue of, 
the several acts to which this is in addition ; and all the 
provisions in said acts contained, shall apply in like manner 
to said judges respectively, as they apply to judges of pro- 
bate, masters in chancery, and commissioners of insolvency, 
except so far as said provisions, or any of them, may be by 
this act modified or repealed. 



208 1856.— Chapter 284. 

S'^e townl'^&lr Sect, 3. Each judge shall hold his court at the shire 
town or shire towns, of the county or counties, within his 
jurisdiction, at such times as he shall appoint ; and each 
county shall provide a suitable court room in the shire town 
or shire towns thereof, for the use of said courts, and shall 
also provide a suitable fire-proof room, in which shall be 
kept all the records of said courts, and all the books, docu- 
ments and papers appertaining to the business of said courts ; 
also, air the records of insolvency, in all cases in insolvency 
now or heretofore pending in such county. 

"roTC bond-^ &c' Sect. 4. Said judges of insolvency respectively, may, in 
' vacation, as well as at a stated court, and notwithstanding 
the absence of the register, approve compositions and 
assignees' bonds, and approve or order sales, receive peti- 
tions, issue orders of notice and warrants, and do such other 
official acts as are done as matters of course, and as do not 
require a previous notice to an adverse party. 

ity.'jud'^e S- Sect. 5. If 'any of said judges shall, from sickness, 

joining 'county abscucc, or otlicr cause, be unable to perform the duties 

may hold court. . ini- • •• -ji- t • • • t ^• 

required oi mm, m any case arismg withm his jurisdiction, 
or shall l3e interested in any such case, the duties required 
of him shall, if such case shall arise in the county of Dukes 
County or Nantucket, be performed by the judge of the 
insolvency court of Barnstable County ; and if such case 
shall arise in any other county than Dukes County or Nan- 
tucket, such duties shall be performed by the judge of the 
insolvency court of that adjoining county having the least 
number of inhabitants according to the next preceding de- 
cennial census. And the register of the court within whose 
jurisdiction such case shall arise, shall make upon the record 
of the case a certificate of such inability, upon its being 
made known to him, and shall forthwith transmit a certified 
copy of the same to the judge whose duty it is to act in the 
case, and who shall, during such inability, act in the case in 
the county in which the case shall arise. 
^^^'- Sect. 6. The supreme judicial court shall establish a 

seal for said courts of insolvency, and all* assignments, war- 
rants, orders of notice and processes, issuing from the said 
courts of insolvency, shall be under said seal, 
.ludges may pun- Sect. 7. Evciy judgc of iusolveucy sliall have power to 
i^h for contempt, j^ggp ordcr ill liis court, and punish any contempt of his 
authority, in like manner as such contempt might be pun- 
ished by the court of common pleas, and may appoint any 
such officer or officers to attend upon said court, as may be 
needed for the transaction of the business thereof, and to 
aid in keeping order therein. 



1856.— Chapter 284. 209 

Sect. 8. All sheriffs, deputy-sheriffs, coroners and con- Duty of sheriffs, 
stables, shall serve and execute all decrees, warrants, orders 
and processes to them legally directed by any judge of in- 
solvency. 

Sf:ct. 9. Said several courts of insolvency shall have ^^nie powers as 

C C l^Iea^ 

power to issue commissions, to take testimony, and to com- 
pel the attendance of witnesses, and the giving of testimony, 
in the like manner and to the like extent as the court of 
common pleas has. 

Sect. 10. The said judges shall, from time to time, make Kuies of court, 
rules, in writing, for regulating the practice and conducting 
the business of said courts, in all cases not provided for by 
law. And they shall, within six months from the time this 
act shall take effect, return a statement in writing, of the 
rules and course of proceeding made and adopted by them, 
or a majority of them, to the supreme judicial court, and 
they shall make a like return of all their rules thereafter 
made and adopted as aforesaid, as soon as conveniently may 
be, after making and adopting the same ; and the supreme 
judicial court shall have power to alter and amend all such 
rules, and to make other and further rules, from time to 
time, for regulating the proceedings in all said courts, as 
they shall judge necessary, in order to introduce and main- 
tain regularity and uniformity in said proceedings. 

Sect. 11. Each judge of insolvency shall appoint, tem- Appointment, 
poraril}'-, a suitable person to be register of insolvency, in all ters! ° ^^^^ 
cases arising within the jurisdiction of said judge ; and said 
register shall hold his office, until a register is duly chosen 
and qualified ; and at the annual election to be holden in 
November next, a register of insolvency shall be elected in 
and for each of the several counties in this Commonwealth, 
for the same term of years and in the same manner as is 
now provided by law for the election of clerks of courts. 

Sect. 12. Every register of insolvency shall, before to make oath, 
entering upon his office, make oath that he will faithfully 
discharge the duties thereof, and that he will not, during his 
continuance in office, directly or indirectly, be interested in, 
or benefited by, the fees or emoluments arising from any 
suit or matter pending in the court of which he is register, 
and such oath being subscribed by such register shall be 
filed in said court ; and he shall also give bond to the treas- 
urer of the Commonwealth, in a sum not less than five hun- 
dred dollars, and not exceeding five thousand dollars, as 
shall be ordered by the judge, with one or more sureties, to 
be approved by said judge, with condition for the faithful 
discharge of the duties of his office. 

27 



210 1856.— Chapter 284. 

Duties and pow- Sect. 13. Said register sliall rccorcl, 111 books to be kept 
regi. . ^^^^ ^j^^^ purpose, all the proceedings at the meetings of cred- 
itors, and all decrees and orders of said court, all warrants, 
assignments, returns, certificates of discharge, and all such 
other acts and proceedings as he shall, by the rules of the 
court, or by any special order of the judge, be required to 
record. Said register shall also make and keep a docket of 
all cases pending in said court, and of the proceedings 
therein, with an alphabetical index thereto. He shall also 
have the care and custody of all the books, documents and 
papers appertaining to said court, and filed or deposited 
therein, and shall carefully preserve the same to be delivered 
to his successor ; and he shall also perform such other duties 
appertaining to his office as shall be prescribed by the judge. 
All said books, records, documents and papers, and said 
docket, shall be at all reasonable times open to the inspec- 
tion of the public. Said register shall also make all com- 
putations of dividends, and make out all orders of distribu- 
tion, and shall furnish to the assignees a certified copy of 
such orders, and also of all schedules of creditors, and of 
assets filed in each case. He shall also have power, in case 
of the absence of the judge, to adjourn any court or meet- 
ing. 

Temporary regis- Sect. 14. lu casc of the death Or abscncc of the regis- 
ter, the judge shall appoint some other suitable person as 
register until the standing register shall be able to perform 
his duty, or until another standing register shall be ap- 
pointed and qualified. Every person so appointed tempo- 
rary register shall be sworn before the judge appointing 
him, to the faithful performance of the duties of his office, 
and so long as he shall perform said duties he shall be enti- 
tled to the same compensation therefor as if he had been 

Compensation, tlic staudiug rcgistcr ; and such compensation shall be paid 
by the standing register when his absence is the cause of 

Proviso. appointing a temporary register: provided,, sucli standing 

register shall again enter upon the discharge of the duties 
of his office. 

po™tmenTs''to Sect. 15. The appointment of such temporary register, 

be recorded. aiid thc Certificate of the oath of office administered to him, 
shall in every case be recorded with the other proceedings 
whenever such appointment shall be made. 

J^^eenottobe ggcT. 16. No judgc of insolvcucy shall be retained or 
employed as counsel or attorney, either in or out of court, 
in any suit or matter whatsoever, which may depend upon, 
or in any way relate to, any decision, warrant, order or 
decree made or passed by him, or to any proceedings in his 



1856.— Chapter 284 211 

court, nor shall he be of counsel or attorney for or agamst 
any debtor, creditor or assignee, in any cause or matter 
which may come before him, or which may arise or grow 
out of, or be in any way connected with any proceedings 
before him, or in any appeal in any such cause or matter. 
And every judge of insolvency, before entering upon his 
office shall, in addition to his oath of office, make oath 
that he will not, during his continuance in office, be 
directly or indirectly interested in, or benefited by, the 
fees or emoluments arising in any matter penduig in 
the court of which he is judge ; and such oath being sub- 
scribed by said judge shall be filed in the court of insolvency. 

Sect. 17. No register shall be of counsel or attorney. Register not to be 
either in or out of court, in any suit or matter whatsoever, 
pending in the court of which he is register, or in any appeal 
therefrom, nor shall he be assignee in any case pending in 
said court, nor in any manner interested in the fees or emol- 
uments arising from said office of assignee, or from any 
matter or proceeding in said court. 

Sect. 18. The several judges of insolvency shall receive salaries of judge?. 
for their services an annual salary as specified in the follow- 
ing table, to wit : — 

The judge of insolvency for the county of Suffolk, the 
sum of three thousand dollars. 

The judge of insolvency for the county of Middlesex, the 
sum of two thousand dollars. 

The judge of insolvency for the county of Worcester, the 
sum of eighteen hundred dollars. 

The judge of insolvency for the county of Essex, the sum 
of seventeen hundred dollars. 

The judge of insolvency for the county of Norfolk, the 
sum of fifteen hundred dollars. 

The judges of insolvency for the counties of Berkshire, 
Bristol and Plymouth, the sum of one thousand dollars each. 

The judges of insolvency for the counties of Hampshire 
and Hampden, the sum of eight Inuidred dollars each. 

The judge of insolvency for the county of Franklin, the 
sum of five hundred dollars. 

The judge of insolvency for the county of Barnstable, the 
sura of four hundred dollars. 

The judge of insolvency for the county of Dukes County, 
the sum of one hundred and fifty dollars. 

The judge of insolvency for the county of Nantucket, the 
sum of one hundred and fifty dollars. 

Sect. 19. The several registers of the insolvency courts salaries of regis- 
shall receive for their services an annual salary as specified ^"' 
in the following table, to wit: — 



212 



1856.— Chapter 284. 



The register of the insolvency court for the county of 
Suffolk, the sum of three thoiisand dollars. 

The register of the insolvency court for the county of 
Middlesex, the sum of fourteen hundred dollars. 

The register of the insolvency court for the county of 
Worcester, the sum of twelve hundred dollars. 

The register of the insolvency court for the county of 
Essex, the sum of eleven hundred dollars. 

The register of the insolvency court for the county of 
Norfolk, the sum of one thousand dollars. 

The registers of the insolvency courts for the counties of 
Berkshire, Bristol and Plymouth, the sum of eight hundred 
dollars each. 

The registers of the insolvency courts for the counties of 
Hampshire and Hampden, the sum of five hundred dollars 
each. 

The register of the insolvency court for the county of 
Franklin, the sum four hundred dollars. 

The register of the insolvency court for the county of 
Barnstable, the sum of three hundred and fifty dollars. 

The register of the insolvency court for the county of 
Dukes County, the sum of seventy-five dollars. 

The register of the insolvency court for the county of 
Nantucket, the sum of seventy-five dollars. 

Sect. 20. The said salaries shall be paid in quarterly 
payments out of the treasury of the Commonwealth, on the 
first days of January, April, July and October in every year, 
and in the same proportion for any part of a year. 

Sect, 21. No judge of insolvency or register of insol- 
vency shall receive any fee or compensation in addition to 
the salaries above provided, for any thing done by them 
respectively, in their official capacities, except as hereinafter 
provided. 

Sect. 22, The register of insolvency shall, for all copies 
which he shall make of any orders for distribution and sched- 
ules, in addition to those required by law, and for all copies 
of any other papers, be paid by the person demanding the 
same, at the rate of fourteen cents per page, and no more. 

Sect. 23. All expenses attending the sessions of said 
courts, and the transaction- of business therein, and all 
expenses for blank books for said records, and for blank forms 
and stationery necessary for the transaction of the business 
of said courts, shall be paid out of the treasury of the 
Commonwealth. 
^ees for warrant, Sect, 24. In cach casc in insolvency there shall be 
allowed and paid the fees in the following table set forth, 
and none other, to wit : — 



Paid quarterly. 



No additional 
fees. 



Fees for copies. 



Commonwealth 
to pay expenses 



1856.— Chapter 284. 213 

For issuing the warrant on the original petition, five dol- 
lars : 

For each day on which any meeting in said case shall be 
held, seven dollars : 

For each order for dividend, five dollars : 
Which fees shall have priority of payment over all other 
claims ont of the estate and effects of the debtor ; and if 
there shall not be sufficient assets in the case for the pay- 
ment thereof, the person upon whose petition the warrant is 
issued shall pay the same, and the court shall have the 
power to issue an execution against such petitioner to com- 
pel the payment thereof to the standing register ; and before 
the issuing of any warrant such petitioner shall deposit with 
such register, or with the judge, to be delivered to such 
register, forty dollars, as security for the payment of said 
fees. Said standing register shall receive all said fees, and 
shall account for and pay over the same to the treasurer of 
the Commonwealth quarter yearly, on the first Monday of 
January, April, July and October, in each year. 

Sect. 25. If any debtor hereafter being insolvent, or in certain payments 
contemplation of insolvency, shall, within six months before 
the filing of the petition by or against him, make any pay- 
ment with a view, directly or indirectly, to give a preference 
to any preexisting creditor, or to any person having any 
preexisting claim or demand against such debtor, or to any 
person who is or may be liable as endorser, guarantor or 
surety for such delator, such payment shall, as to the other 
creditors, be void, and the assignees may recover from the 
person so preferred, the money so paid, witli interest : pro- ProTis*. 
vicled, such person, when accepting such preference, had 
reasonable cause to believe such debtor insolvent. And any 
such payment shall be sufficient cause for proceeding against 
the debtor in the manner, and for the purposes mentioned 
in the act of one thousand eight hundred and forty-four, 
chapter one hundred and seventy-eight, section nine : pro- 
vided, that such debtor had, at the time of giving such 
preference, reasonable cause to believe himself insolvent. 
The provisions of this section shall not apply to any payment 
not exceeding twenty-five dollars in amount, upon any debt 
contracted for necessaries furnished to the debtor or his 
family. 

Sect. 26. If any debtor, hereafter being insolvent, or in certain mort- 
contemplation of insolvency, shall, within six months before ^^^^' *""' ™'*'' 
the filing of the petition by or against him, make or give 
any mortgage, pledge, assignment, transfer or conveyance of 
any money or other property belonging to him, to secure 



214 



1856.— Chapter 284. 



Certain assign- 
ments of prop- 
erty, &c., void. 



Certain drafts, 
&c., assigned, 
not to be offset, 



any person who is or may be liable as endorser, guarantor, 
surety, or otherwise lia])le for such debtor, with a view to give 
a preference, directly or indirectly, to any other endorser, 
guarantor or surety, or any preexisting creditor, whether by 
passing, assigning, transferring or delivering to or for him, 
the note, bill of exchange, obligation or contract upon which 
such person shall be so liable for such debtor, or by enabling 
him to avail himself in any other manner, directly or indi- 
rectly, of the benefit of such liability, such mortgage, pledge, 
assignment, transfer or conveyance, shall be void as to the 
other creditors of such debtor, and the assignees may recover 
the full value of the property so mortgaged, pledged, trans- 
ferred, assigned or conveyed, or the property itself, from the 
person to whom such mortgage, pledge, assignment, transfer 
or conveyance shall be made : provided, he shall, when 
receiving such mortgage, pledge, assignment, transfer or 
conveyance, have reasonable cause to believe such debtor 
was then insolvent, and intended to prefer ; or the value of 
such property from the person so preferred : provided, that 
when accepting such preference he had reasonable cause to 
believe such debtor insolvent. 

Sect. 27. If any person hereafter being insolvent, or hi 
contemplation of insolvency, shall, within six months before 
the filing of the petition by or against him, make any sale, 
assignment, transfer or conveyance, either absolute or con- 
ditional, of any of his property, to any person who then has 
reasonable cause to believe such debtor insolvent, or in con- 
templation of insolvency, and that such sale, assignment, 
transfer or conveyance is made with a view to prevent the 
property so sold, assigned, transferred or conveyed, from 
coming to the assignees, or to prevent the same being dis- 
tributed according to the insolvent laws, or to defeat the 
object of, or in any way impair, hinder, impede or delay the 
operation or effect of, or to evade any of said laws, such sale, 
assignment, transfer or conveyance, shall be void, and the 
assignees may recover the property so sold, assigned, trans- 
ferred or conveyed, or the value thereof, as assets of said 
insolvency. And the fact of such sale, assignment, transfer 
or conveyance not being made in the usual or ordinary 
course of business of the debtor, shall be prima facie evi- 
dence of such cause of belief. 

Sect. 28. No draft, bill of exchange, promissory note, 
claim, demand, or cause of action, which shall hereafter, 
within six months before the filing of the petition by or 
against any insolvent debtor, be assigned, transferred, con- 
veyed or delivered to any person who is or may be indebted. 



1856.— Chapter 284. 215 

or in any "way liable to such insolvent debtor, shall be 
offset, or pleadable in defence, or in bar to any suit by the 
assignees to recover such debt or liability, but such assignees 
may recover the same, notwithstanding such draft, bill of 
exchange, promissory note, claim, demand or cause of 
action : provided, the person to whom the same shall be Proviao. 
assigned, transferred, conveyed or delivered, as aforesaid, 
shall, at the time of such assignment, transfer, conveyance 
or deliver}^, have reasonable cause to believe such debtor 
insolvent. • 

Sect. 29, In order to maintain proceedings against any Proof necessary 
debtor in manner and for the purposes set forth in the stat- ceeaings|'&c''.'^°' 
ute of one thousand eight hundred and forty-four, chapter 
one hundred and sevent3^-eight, section nine, for making any 
fraudulent payment, conveyance or transfer of his property, 
or any part thereof, it shall not be necessary to prove fraud 
on the part of the person receiving such payment, transfer or 
conveyance, or that he had reasonable cause to believe the 
debtor insolvent. 

Sect. 30. If hereafter any insolvent debtor, after notice Debtor to be 
of the filing of the petition by or against him, shall secrete of n'dsdem'^an^ 
or conceal any property belonging to his estate, or any 
books, deeds, documents or writings relating thereto, or 
shall remove, or cause to be removed, the same, or any part 
thereof, out of the Commonwealth, or otherwise dispose of 
the same, or any part thereof, with a view to prevent the 
same, or any part thereof, from coming to the hands or pos- 
session of the messenger or assignees, or to hinder, impede 
or delay the messenger or assignees in the recovering or 
receiving the same ; or shall make any payment, gift, sale, 
assignment or conveyance of any property belonging to his 
estate ; or shall spend the same, or any part thereof, in gam- 
ing, or otherwise spend the same, except such parts thereof 
as may reasonably be expended for the support of himself 
and his family, not exceeding the amount allowable by law, 
he shall be deemed guilty of a misdemeanor, and being con- 
victed thereof, shall be punished by imprisonment in the 
state prison for a term not exceeding five years, or in the 
county jail for a term not exceeding two years. 

Sect. 31. No discliarge of any debtor imder the insolvent Discharge forfeit- 
laws, shall be granted or valid, if such debtor hereafter shall oeeSlnframi 
have destroyed, altered, mutilated or falsified any of his 
books, documents, papers, writings or securities, or made, 
or been privy to the making, of any false or fraudulent entry 
in any book of account, or other document, with intent to 
defraud his creditors, or shall have removed himself, or 



or in certain 
cases. 



of creUitora. 



216 1856.— Chapter 284. 

removed, or caused to be removed, liis property, or any part 
thereof, from the Commonwealth, with intent to defraud his 
creditors, or shall make any fraudulent payment, gift, trans- 
fer, conveyance or assignment of his property, or any part 
thereof, or shall spend the same, or any part thereof, in 
gaming ; or, being a merchant or tradesman, shall not, after 
the passage of this act, have kept proper books of account ; 
or if any person having proved a false debt against the debt- 
or's estate, said debtor being privy thereto, or afterwards 
• knowing the same, shall not have disclosed the same to his 

assignees within one month after such knowledge ; or unless 
the debtor shall satisfy the court that he had reasonable 
cause to believe himself solvent within six months next pre- 
ceding the filing the petition by or against him. 
Claims, in certain Sect. 32. No pcrsou wlio shall liavc hereafter accepted 
allowed. any preference, having reasonable cause to believe that the 

same was made or given by the debtor contrary to any of 
the provisions of the insolvent laws, shall be allowed to prove 
the debt or claim on account of which such preference was 
made or given, nor to receive any dividend therefor out of 
the debtor's estate. 
Certain claims Sect. 33. Whcnevcr any claim shall be presented for 
pinned.* '''"'' proof, before the election of the assignees, and the judge or 
commissioner shall entertain doubts of the validity of such 
claim, or of the right of the creditor to prove the same, and 
shall be of opinion that the validity thereof, or right of the 
creditor, ought to be investigated by the assignees, he shall 
have power to postpone the proof of such claim till after the 
election of the assignees. 
Certain creditors Sect. 34. No pcrsou wlio sliall liavc had or received any 
Tignees^c*'' '^^' preference, contrary to the provisions of the insolvent laws, 
shall be eligible as assignee, or sliall be allowed to vote upon 
the choice of assignees of the estate of any insolvent debtor : 
Proviao. provided, hoivever, that no title to any property, real or per- 

sonal, which shall have been sold, transferred or conveyed by 
any assignee, shall be affected or impaired by reason of the 
ineligibility of such assignee. 
Additional oatii Sect. 35. Thcrc shall be added to the creditor's oath, 
now required to be taken in proof of his claim against the 
estate of the insolvent debtor, in substance, the following, to 
wit: — " And I do further swear that I have not, directly or 
indirectly, made or entered into any bargain, arrangement 
or agreement, express or implied, to sell, transfer or dispose 
of my claim, or any part of my claim, against said debtor, 
nor have, directly or indirectly, received or taken, or made 
or entered into any bargain, arrangement or agreement, 



of creditor. 



1856.— Chapter 284. 217 

express or implied, to take or receive, directly or indirectly, 
any money, property, or consideration whatsoever, to myself, 
or to any person or persons to my nse or benefit, under or 
with any understanding or agreement, express or implied, 
whereby my vote for assignees, or my assent to the debtor's 
discharge is, or shall be, in any way affected, influenced or 
controlled, or whereby the proceedings in this case are, or 
shall be affected, influenced or controlled." No debt shall 
be proved or allowed against any insolvent estate, unless all 
the fa-cts sot forth in the creditor's oath shall be true. 

Sect. 36. Whenever complaint shall be made on oath, Judge may grant 

, '■ • 1 p • T search warrant, 

by the messenger or assignees, to any judge of msofvency, &c. 
stating that there is reason to suspect and believe, and that 
the complainant does suspect and believe, that any personal 
property, or any books, deeds, documents, securities, papers 
or writings, belonging to the estate of any insolvent debtor, 
are secreted or concealed in any particular house, premises 
or other place, such judge is hereby authorized and directed, 
if he shall be satisfied that there is reasonable cause for such 
belief, to grant a warrant to the messenger or assignees to 
search for such property, books, deeds, documents, securi- 
ties, papers or writings, and it shall be lawful for such mes- 
senger or assignees to execute said warrant in like manner ; 
and such messenger or assignees shall be entitled to tlie 
same protection, as is allowed by law in the execution of a 
search warrant for property reputed to be stolen and con- 
cealed. 

Sect. 37. No warrant against any copartnership shall be warrant against 
issued upon the petition of less than all the copartners, ''°i'^'*°®''^' ^''• 
unless reasonable notice shall first be given by the court, to 
the other partner or partners, if within the Commonwealth, 
of the pendency of such petition, so that he or they may 
show cause, if any, why the prayer of the petition should 
not be granted. 

Sect. 38. In all matters in insolvency that are contested, Award of costs. 
either before a court of insolvency or in the supreme judicial 
court, said respective courts may, in their discretion, award 
costs to either party, to be paid by the other, or to either or 
both parties, to be paid out of the estate which is the sub- 
ject in controversy, as justice and equity may require. 

Sect. 39. When costs are awarded to one party, to be Execution for 
paid by the other, the said courts respectively, may issue ''°^*^' 
execution therefor, in like manner as practised in courts of 
common law. 

Sect. 40. This act shall not affect any case in insolvency Not to affect 
now commenced, or that shall hereafter be commenced i''"'^'°^^'"°"'- 

28 



provisions. 



effect 



^ 



218 1856.— Chapter 285. 

before this act shall take effect; and the judge of probate, 
master in chancer)', or commissioner before whom any such 
cases may be pending at the time this act shall take effect, 
shall have the same jurisdiction, power and authority in 
respect to them, as they now have. 

Repeal of certain ^ECT. 41. So mucli of the scvcral acts to which this is 
in addition, as gives jurisdiction to judges of probate, mas- 
ters in chancery, and commissioners of insolvency, and all 
other provisions in said several acts inconsistent with the 
provisions of this act, are hereby repealed. 

When to take Sect. 42. This act shall take effect thirty days from the 

time of its passage, except as to that part providing for the 
appointing, commissioning and qualifying the judges of said 
courts, which i^art shall take effect on the passage hereof. 
\^Approved hy the Governor^ June 6, 1856.] 

Chap. 285 -^^ ^^'^ tP protect the Fishery in the Town of Edgartown. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the aidhority of 
the same, as follows : 

Seine fishing pro- Sect. 1. No pcrsoii sliall sct, draw or stretch, any seine 

Apru'to o°tober. or uct of aiiy kind, within one mile from the shore of any 
of the ponds, creeks, bays, harbors or inlets of the sea within 
the limits of the town of Edgartown, excepting in a pond 
knoAvn by the name of the Oyster Pond, from the first day 
of April to the first day of October, inclusive, in each year ; 
nor shall any person, not an inhabitant of said town, at any 
time, set, drag or stretch any seine or net in any of the 
ponds, creeks or outlets thereof. The seining of menhaden 
and mackerel is, exempted from this act. 

Penalty and seiz- Sect. 2. Ally pcrsoii violating any provisioii of tliis act, 
shall be liable to a fine not exceeding three hundred dollars 
for each offence ; or any boat, vessel or fishing apparatus, 
used by persons in violating the provisions of this act, may be 
seized and detained, not exceeding the time of forty-eight 
hours, by any person appointed for the purpose by the town 
of Edgartown, for the purpose of duly prosecuting the per- 
son ofiending this law. 

Town to choose Sect. 3. The towii of Edgartowii is hereby authorized 
to choose, at the annual town meeting, or at any meeting 
duly warned for that purpose, such number of fish wardens 
as may at the time be thought necessary, who shall be sworn 

Their duty. to the faitliful discharge of their duty, whose duty it shall 
1)0 to prosecute for offences against the provisions of this 
act ; one-half of all fines imposed and collected shall inure 



1856.— Chapter 286. 219 

to the fish wardens, and the other half to the Connnon- 
wealth. 

Sect. 4. All fines or penalties for violatmg any provision Fines, how recoT- 
of this act, with costs, may be sued for and recovered in ""^' 
any court competent to try the same, on complaint of either 
of the fish'wardens. 

Sect. 5. This act shall take eftect from and after its 
passage. \_Approved by the Governor, June 6, 1856.] 

An Act in addition to an Act to establish the District of Marshpee. Chttp. 286 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. No person, not a proprietor of the district of voters iajiarsh- 
Marshpee in his own right, shall be qualified to vote in the '^'^^' 
elections and other aifairs thereof, in right of his wife being 
a proprietor, except as hereinafter provided. 

Sect. 2. Any person not a proprietor in his own right, Non-i.roprietors, 
and being the husband of a female proprietor, may, at any 
time not less than thirty days previous to the annual elec- 
tion, make application to the selectmen of the district to be 
admitted to the franchise ; the selectmen shall, thereupon, 
insert his name in the warrant calling such meeting, and 
his application shall then be voted and decided upon by the 
proprietors ; and if he shall be admitted by the votes of said 
proprietors, he shall have and enjoy all the rights of pro- 
prietorship : provided, that the said applicant shall have 
resided in the district for at least five years before he shall 
be so admitted. 

Sect. 3. "Whenever a vacancy shall occur in the office of vacancy of treas- 
treasurer of the district of Marshpee, the proprietors ^f "'^^^' ''«^ fi^i^''' 
said district, entitled to vote, shall, in a district meeting 
called for that purpose, and notified not less than one fort- 
night beforehand, elect and recommend a suitable person to 
be appointed treasurer by the governor and council, under 
the one hundred and eighty-sixth chapter of the acts of 
eighteen hundred and fifty-three, entitled " An Act to 
abolish the office of Commissioner of Marshpee," and a 
copy of the record of the vote, making such election and 
recommendation, shall be submitted to the governor and 
council ; and the person so elected and recommended, shall 
be appointed as treasurer of said district, unless, in the 
judgment of the governor and council, such appointment 
shall be unsuitable, in which case the office shall be filled iii 
the manner now provided by law. 



220 1856.— Chapters 287, 288. 

Act not to apply, Sect. 4. TliG first aiicl sccoiicl sections of this act shall 
not be construed to apply to any inhabitants of said district 
who may have been entitled to vote at the last annual dis- 

effecT *° **^^ ^^^^* election ; neither shall this act take effect, unless it 
shall be adopted by a majority of votes, at a district meeting- 
called for that purpose, and notified at least sixty days 
beforehand, or at the next annual district meeting — a ma- 
joriety of the proprietors, entitled to vote, being present at 
such meeting. \^Aj)proved by the Governor, June 6, 1866.] 



Ghcfp. 287 An Act to incorporate the Bowdoin Mutual Fire Insurance Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Corporators Sect. 1. Joscpli L. Drcw, Isaac T. Campbell, Christo- 

pher C. Barney, their associates and successors, are hereby 

Name. madc a corpoi-ation by the name of the Bowdoin Mutual 

Fire Insurance Company, to be located in the city of Boston, 

Duration. and established for twenty-eight years, for the purpose of 

making insurance upon any buildings, stocks, tools, ma- 
chinery, merchandise, or any property whatever, against 

Ttii^tS'&c" loss or damage by fire ; with all the powers and privileges, 
and subject to all the duties, liabilities and restrictions, set 
forth in the thirty-seventh and forty-fourth chapters of the 
Revised Statutes, and all other laws of this Commonwealth, 
made, or to be made, relating to mutual insurance compa- 
nies. 

Sect. 2. This act shall take effect from and after its 
passage. \^A2jproved by the Governor, June 6, 1856.] 

Ch(ip. 288 An Act authorizing the Towns of Truro and Provincetown to construct a 

Bridge over East Harbor. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Bridge in Truro Sect. 1. Tlic sclcctmen of tlio towus of Truro and 
town. Provincetown are hereby authorized and empowered to con- 

struct or rebuild a bridge over East Harbor, so called, in 
the towns of Truro and Provincetown aforesaid, within two 
years from the passage of this act ; and said towns, or either 
of them, shall not be liable to indictment, if said bridge is 
completed within that time. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, June 6^ 1856.] 



1856.— Chapters 289, 290. 221 

An Act for the preservation of Fish in the Merrimac Iliver. C/ldp. 289 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authoritij of 
the same, as follows : 

Sect. 1. The Essex Company shall, before the first day FisUway to be 
of February which will be in the year one thousand -eight ""^"*"'"''^- 
hundred and fifty-seven, make, and forever thereafter main- 
tain in or around their dam in Lawrence, a suitable and 
sufficient fishway for the usual and unobstructed passage of 
fish during the months of April, May, June, September and 
October, in every year, under a penalty of not less than one Penalty tor neg- 
hundred dollars nor more than five hundred dollars, for '^'^ ' 
every day said company shall neglect to make and maintain 
such fishway after said first day of February, to be recov- 
ered by indictment in either county of Essex or Middlesex, 
one-half to the use of the complainant and one-half to the 
use of the Commonwealth. 

Sect. 2. No person shall take any fish with a spear, net, Restrictions oa 
hook or seine, during either of the months aforesaid, in any '''*'"°'''' 
year, within eighty rods of said dam or the entrance of said 
fishway. 

Sect. 3. Every person offending against the provisions pe?aity for vio- 
of the preceding section shall be punished l)y fine not ex- ^ '"°' 
ceeding one hundred dollars for each offence, one-half of 
which shall inure to iho use of the complainant and the 
other half to the use of the Commonwealth. 

Sect. 4. All acts or parts of acts, inconsistent herewith, 
are hereby repealed. \^Approi'ed by the Governor, June 6, 
1856.] 

An Act concerning the Cambridge Water Works. Chap. 290 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. The Cambridge Water Works are hereby au- Mav draw Tvati-r 
thorized, for the i)urpose of furnishing the inhabitants of'^""'"''''^''^^"'^''- 
Cambridge with a supply of soft water, to raise the waters 
of Fresh Pond l)y steam-power into a receiving reservoir, 
and conducting the same by pipes from thence through the 
city of Cambridge : provided, hoivever, that they shall not, Prowso. 
at any time, draw the waters of said pond, or of Spy and 
Little Ponds, below low-water mark of said ponds. 

Sect. 2. Said Cambridge Water Works may construct a -^i^'v^construcr. 
dam at the outlet of Fresh Pond, at some convenient place 
near the Concord Avcniie, and also a dam on the outlets of 



222 1856.— Chapter 290. 

Spy and Little Ponds, at some convenient place on the same, 
near the place where said streams pass under the Lexington 
Proviso. Branch Railroad : provided, however, that they shall not, at 

any time, raise the waters of Fresh, Spy or Little Ponds, by 
means of said dams, so that they shall rise above high-water 
mark of said ponds. 
Commissioner to Sect. 3. A commlssioner sliall bc nomlnatcd by tlic gov- 
on application, cmor and council, on application of said Cambridge Water 
^*^' Works, or of any party in interest, who shall, at the cost and 

expense of said water works, after notice to all parties in 
interest, ascertain the points between which the waters of 
said ponds and said brooks rise and fall, and shall erect per- 
manent monuments showing the same, and shall make a 
full report of all his doings to the governor and council. 
May lay pipes, Sect. 4. The Said Cambridge Water Works may lay 

build aqueducts, • i-ii i • j. • i^ i • i> 

&c. pipes, build and maintain aqueducts and reservoirs, for con- 

ducting, holding and distributing water, may erect and main- 
tain engine-houses, and may construct and maintain any 
other works necessary for the carrying on the purposes for 
which they are chartered. 
May take, hold Sect. 5. For thc purposcs aforesaid, the Cambridge 
an conyty ants, "^j^^^j^. "\Yorks may takc, hold and convey, land, water and 
Proviso. water-rights : provided, however, that l.»efore entering upon 

the lands and water-rights, or taking any water of any per- 
son or corporation, they shall file their petition before the 
supreme judicial court for the county of Suffolk, praying 
for the appointment of three commissioners, to assess the 
damages, if any, caused by taking land, water or water- 
commissioners to rio-hts ; and sucli commissioners shall have full power, after 

assess damages. i " , • , , , , j.i i -c 

due notice to each party, to assess the damages, it any, 
which shall be paid by said Cambridge Water Works, and 
their determination, or that of the major part of them, being 
returned into and accepted by said court, shall be final and 
binding upon both parties, and judgment shall be rendered 
thereon, unless one of the said parties shall claim a trial by 
jury, as is hereinafter provided. 
Either i.arty may Sect. 6. lu casc cithcr party shall claim a iury trial, as 

claim trial by ju- •ii-ii -i i 

ly- provided m the last section, such party may, at the term at 

which such award is accepted, or the next term thereafter, 
claim, in writing, a trial at the bar of said court, and have 
a jviry to hear and determine all questions of fact relating 
to such damages, and to assess the amount thereof; and in 
case a greater sum is not awarded than that allowed by said 
Costs. commissioners, such party shall pay the costs in the petition, 

Verdict to be and tlic vcrdict of such jury being accepted and recorded 
by said court, shall be final and conclusive, and judgment 
shall be rendered thereon. 



1856.— Chapter 290. 223 

Sect. 7. Whenever iude'ment shall have been rendered JuJgment to be 

t» -1 'tip 'iiii • t r\ satisfied before 

lor any damages assessed, as beiore provided, the said Cam- entering upon 
bridge Water Works shall thereupon pay to tlie clerk of the '''"'^'' *'*'■ 
court the amount of said judgment, with interest thereon, 
together with the costs of court taxed by the clerk, whicli 
sum shall be in full satisfaction of said judgment ; and until 
it is satisfied, as aforesaid, said Cambridge Water Works 
shall have no right to enter upon said land, water or water- 
rights. 

Sect. 8. The said Cambridge Water Works shall keep I'l^iiway to be 
open a good and sufficient way, for the passage of the fish '"'' °'"'"' 
that usually go up into Fresh, Spy and Little Fonds, in their 
usual and proper season in the year, between the first day 
of March and last day of June, inclusive : provided., such Proviso. 
fishway need not be kept open in the spring of the year, 
before the persons having a right of fishing in said streams, 
or some one of tliem, shall have notified the water works to 
open them. And said water works, if they do not comply Penalty. 
with the provisions of this section, shall forfeit and pay the 
sum of five hundred dollars for each and every day during 
which they shall wilfully neglect to comply therewith, to Ije 
recovered in an action of tort, to the use of any person or 
persons who shall suffer therefrom, wlio shall sue for the 
same in any court of competent jurisdiction. 

Sect. 9. The occupant of any tenement shall be liable Liability for wa- 
for the payment of the price or rent for the use of the water 
i+i such tenement, and the owner thereof shall be also liable 
if, on being notified of such use, he does not object thereto ; 
and if any person or persons shall use any of said water 
raised as aforesaid, in the city of Cambridge, without the 
consent of said water works, an action of tort may be main- 
tained against him for the recovery of damages therefor. 

Sect. 10. If any person or persons shall, v/antonly or Penalty for di- 
maliciously, divert the water or any part thereof, of any of &c.''"^ '^^^^' 
the ponds, streams or water sources, which shall be used by 
the Cambridge Water Works, pursuant to the provisions of 
this act, or shall corrupt the same, or render it impure, or 
destroy or injure any dam, reservoir, pipe, hydrant, building, 
machinery, or other property held, owned, or used by said 
Cambridge Water Works, by the authority and for the pur- 
poses for which they are chartered, every such person or 
persons shall forfeit and pay to said water works, three times 
the amount of the damages that shall be assessed therefor, 
to be recovered by any proper action, — and every such per- 
son or persons may, moreover, on indictment and conviction 
of either of the wanton and malicious acts aforesaid, be 



224 



1856.— Chapter 291. 



Not to affect 
pending suits. 



When and liow to 
take effect. 



punished by fine not exceeding five hundred dollars, and 
imprisonment not exceeding three months : provided, that 
nothing in this section contained, shall he construed to pre- 
vent the abutters on said pond, from entering upon said pond 
during the winter season, for the purpose of cutting ice, 
with men and horses, and the proper implements for pre- 
paring and cutting the said ice, and securing the same in 
the manner heretofore practised. 

Sect. 11. Nothing in this act contained shall be con- 
strued to affect, in any manner, the rights of any party or 
parties to any suit or proceeding \n law or equity, now 
pending. 

Sect. 12. This act shall not take eflect unless the legal 
voters of the city of Cambridge, at a meeting notified for 
that purpose, at least thirty days before the day appointed 
for such meeting, shall, by a majority of tlie votes cast at 
such meeting, agree to accept the same. \^Approiwd by the 
Governor, June 6, 1856.] 



Chctp. 291 -^^ -^^^ ^° authorize the Commissioners of the County of Bristol to borrow 
Money either to repair or to build a House of Correction. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 



May borrow 
$60,000. 



Former act re- 
pealed. 



When to take 
effect. 



Sect. 1. The county commissioners for the county of 
Bristol are hereby authorized and empowered to borrow, on 
the credit of said county, in addition to the amount of debt 
they are now authorized to contract, a sum not exceeding- 
sixty thousand dollars, the same to be expended by the said 
commissioners, or their successors in office, either in repair- 
ing and enlarging the present house of correction, or in 
erecting a new one, as they in their judgment shall deem 
best. 

Sect. 2. Chapter two hundred and nineteen of the stat- 
utes of the year eighteen hundred and fifty-five, is hereby 
repealed. 

Sect. 3. This act shall not take affect mi til after the 
next election of a county commissioner for said county. 
[Approved by the Governor, June 6, 185G.] 



1856.— Chapter 292. 225 

An Act concerning the Indexing of Deeds. CllCLp. 292 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Whenever any deeds or other conveyances by Deeds of execu- 

, 1 • • i i 1 • !_• tors, &c., how 

executors, administrators, guardians, or persons acting to be indexed, 
under or by authority of an order of any court of competent 
jurisdiction, or of a resolve of the general court, shall be left 
for record at any of the registries of deeds in this Common- 
wealth, it shall be the duty of the register to enter in the 
entry books and indexes of the grantors, the names of the 
testators, intestates, wards and persons whose estates are 
conveyed, when the same shall appear by such deeds, and 
also, the names of such executors, administrators, and guar- 
dians. And whenever any decree for the partition of land or 
commissioner's return thereon, shall be so left for record, it 
shall be the duty of the register to enter the names of all the 
persons whose estates shall plainly appear to be aflccted 
thereby, in the entry books, and in the indexes of the grant- 
ors and of the grantees. 

Sect. 2. The county commissioners in each county shall county commis- 
hereafter procure, at the charge of their respective counties, cure indexes an- 
a copy, to be made by some competent person or persons, ""''^"^' '^•^''^'^ft'^'' 
within the first six months of each and every year, of the 
indexes in the registries of deeds in their respective counties, 
for the preceding year, in which the grantors and grantees 
shall respectively be assorted into distinct lists by their 
respective surnames, arranged in such lists in the order in 
which the deeds and other conveyances to which they refer 
are left for record, and such lists placed in alphabetical 
order. Such copies shall, in other respects, be in the form 
now required by law for the indexes to the records. And 
the county commissioners in each county, shall so procure 
such copies of the indexes in their respective counties for 
the year one thousand eight liundred and fifty-five, to be 
made and completed by the first day of January next. 

Sect. 3. The county commissioners of each county, and to'J.eeordsnow^x''- 
the mayor and aldermen of the city of Boston, shall have istinp, to bo pre- 
power, whenever tlicy shall deem it expedient, to cause ^""^'''^" 
copies of the indexes, or ncAV indexes, to the records now 
existing in the registries of deeds in their respective coun- 
ties, or of any part thereof, to be made by some competent 
person or persons, at the cliarge of their respective counties, 
upon the plan hereinbefore provided, or upon such plan, 
and in such manner, as will, in their judgment, best facili- 
tate references to the records. 
29 



226 



1 85 6.--CH AFTER 293. 



May be printed . 



Chap. 293 



Limits of wharf 
and pier lines. 



Lines in South 
Bay. 



Sect. 4. The county commissioners in each county, and 
tlie mayor and aldermen of the city of Boston, shall have 
power, if they shall deem it expedient, to cause such copies 
of the indexes, or new indexes herein before provided and 
authorized to be made, to be printed at the charge of their 
respective counties, for sale at a price which shall not be 
less than the cost of printing, and paper and binding. 

Sect. 5. This act shall take effect from and after its 
passage. \_Approved by th'e Governor., June 6, 1856.] 

An Act concerning the Harbor of Boston, Mystic River and Dorchester 

Bay. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the aiithority of 
the same, as follows : 

Sect. 1. The lines hereinafter described shall be, and 
the same hereby are, established as lines, beyond which no 
wharf or pier shall ever hereafter be extended into and over 
the tide-waters of the Commonwealth. 

Sect. 2. The lines in South Bay begin at a point denoted 
by letter A, on plan number two, of the harbor commission- 
ers of eighteen hundred and fifty-four, and is in the moutli 
of Roxbury Canal, distant one hundred and thirty feet 
south-castwardly from the twelfth line of the commissioners 
of eighteen hundred and forty-seven, measuring in the direc- 
tion of a line drawn from a point in the said twelfth line, 
distant one hundred and twenty feet north-eastwardly from 
the south-westerly termination thereof, (the said termina- 
tion being understood to be a point distant one thousand 
feet from the south-easterly line of Harrison Avenue, meas- 
uring at right angles with the said south-easterly line from a 
point therein lying in the direction of the south-westerly 
line of the South Burying Ground extended, south-east- 
wardly,) to a point on the south-easterly rail of the Boston 
and New York Central Railroad Bridge, distant twenty-six 
hundred and twenty-eight feet south-westwardly from the 
south-westerly rail of the Old Colony Railroad Bridge, near 
Dorchester Avenue, measuring on the said south-easterly 
rail ; thence running south-eastwardly thirteen hundred 
feet, in the same direction as the line of one hundred and 
thirty feet above described, to the point B, said point being 
at or near the northerly end of F. A. Heath and Company's 
sea-wall ; thence south-eastwardly straight to the point C, 
on the most north-easterly corner of said Heath and Com- 
pany's wharf; thence along the present line of said wharf 
to the point D, on the most south-easterly corner of the same ; 



1856.— Chapter 293. 227 

thence in the (Urection of a line drawn from the last men- 
tioned corner to a point on the south-easterly rail of the said 
Boston and New York Central Railroad Bridge, which point 
is distant fortj-nine hundred and eighty-seven feet south- 
westwardly from the south-westerly rail of the Old Colony 
Railroad Bridge, above mentioned, measuring on the said 
south-westerly rail, to the point E, which is situated at the in- 
tersection of this line with a line crossing the aforesaid Boston 
and New York Central Railroad Bridge, and passing through 
a point on the south-easterly rail of the same, distant forty- 
six hundred and seventy-two feet south-westwardly from 
the south-westerly rail of the Old Colony Railroad Bridge, 
above mentioned, measuring on the said south-easterly rail 
and making an angle of seventy-eight degrees and forty-five 
minutes, (taken from a north-easterly to an easterly direc- 
tion,) with the said Boston and New York Central Railroad 
Bridge ; thence eastwardly in the direction of the line last 
described, eleven hundred and seventy feet, to the point F ; 
thence northwardly to the point G, it being the southerly 
termination of the tenth line of the commissioners of eight- 
een hundred and forty-seven : provided., that nothing con- Provuo. 
tained in this act shall affect or take away the legal rights 
of any person, unless a reasonable compensation sliall have 
)jeen previously made or provided therefor. 

Sect. 3. The lines in Mystic River begin at a point Lm^s in Mystic 
denoted by letter A, on plan number three, of the harbor 
commissioners of eighteen hundred and fifty-four, and is on 
the north-westerly side of Chelsea Bridge, distant four hun- 
dred and sixty feet north-eastwardly from the north-easterly 
draw in said bridge ; thence the line runs in a south-easterly 
direction, making an angle of eighty-seven degrees and 
thirty minutes, (taken from a south-westerly to a south- 
easterly direction,) with said bridge, to the point B, situated 
at the intersection of this line with the commissioners' line 
of eighteen hundred and forty-nine. Beginning again at 
the point A, first mentioned, the line runs in a westerly 
direction two thousand and twenty feet to the point C, mak- 
ing an angle of sixty-two degrees and fifteen minutes, (taken 
from a south-westerly to a Avesterly direction,) with said 
bridge ; thence north-westwardly four hundred and thirty 
feet, to the point D, near the easterly side of tlie mouth of 
Island End River, making an angle of one hundred and 
forty-five degrees and thirty minutes, (taken from an easterly 
to a north-westerly direction,) with the line last described. 
Then beginning at the point E, on the south-easterly side of 
Maiden Bridge, distant six hundred and fifty feet north-east" 



228 1856.— Chapter 293. 

wardly from the draw in said bridge, the line runs in an 
easterly direction twenty-five hundred feet, to the point F, 
making an angle of eighty-one degrees and thirty minutes, 
(taken from a north-easterly to a south-easterly direction,) 
with said bridge ; thence eastwardly sixteen hundred and 
fifty feet, to the point G, near the westerly side of tlie mouth 
of Island End River, making an angle of one hundred and 
fifty-six degrees and thirty minutes, (taken from a north- 
westerly to an easterly direction,) with the line last described. 
The line on the south-westerly side of the channel begins 
at the point H, on the most easterly corner of the wall of 
Tuft's Mill Pond, said point being the beginning of the line 
of solid structure, as described in chapter one hundred and 
five of the acts of eighteen hundred and fifty-two, author- 
izing the city of Charlestown and others, to fill up certain 
flats in Mystic River ; thence the line runs north-westwardly 
along the north-jeasterly side of the said wall of Tuft's Mill 
Pond to the point I, on the south-easterly side of Maiden 
Bridge, said point being at the intersection of said wall and 
bridge : p?'oviding-, that the proprietors bounding on said 
line from H to 1, may extend piers from said line to the 
channel. 
Line from South Sect. 4. Tlic liuc from Soutli Bostou Poiut, througli 
om , c. j)Qp(,|^Qg^gj, gr^y Q^Y^([ Neponset River, commences at the ter- 
mination of the line of the commissioners of eighteen hun- 
dred and fifty-one, denoted by letter A on plan number four, 
of the harbor commissioners of eighteen hundred and fifty- 
four, and is situated in the northerly line of Fourth Street 
extended eastwardly, and fourteen hundred feet from the 
easterly line of P Street ; thence the line runs in a south- 
erly direction, parallel with P Street, seven hundred feet to 
the point B, thence south-westwardly, to the point C, in the 
westerly line of P Street, extended southwardly, and five 
hundred and thirty feet from the southerly line of Sixth 
Street ; thence south-westwardly again to the point D, in 
the easterly line of M Street extended southwardly, and thir- 
teen hundred feet from the southerly line of Eighth Street ; 
thence westwardly, parallel with Eighth Street, to the point 
E, in the easterly line of Old Harbor Street extended south- 
wardly ; thence southwardly fourteen hundred feet to the 
point F, in the easterly line of Old Harbor Street extended 
southwardly ; thence eastwardly, making an angle of one 
hundred and four degrees, (taken from a northerly to an 
easterly direction,) Avith the line last described, to the point 
G, in the easterly line of M Street extended southwardly ; 
thence thirty-two hundred feet, to the point H, in the east- 



1856.— Chapter 293. 229 

erly line of M Street extended southwardly ; thence soiith- 
westwardly, thirty-eight hundred and fifty feet, making 
an angle of one hundred and twenty-four degrees, (taken 
from a northerly to a south-westerly direction.) with the 
line last described, to the point I ; thence westwardly to the 
point J, on the easterly side of the Old Colony Railroad 
Bridge, near Glover's Tide-Mill Pond, distant four hundred 
and thirty feet northwardly from the draw in said bridge ; 
then southwardly, along the easterly side of said bridge six 
hundred feet, to the point K ; thence south-eastwardly, to 
the point L, distant two hundred feet from the north-easterly 
corner of Ranstead Dearborn and Company's wharf, (as at 
present built,) measuring at right angles with the north- 
easterly end of said wharf; thence southwardly to the point 
M, distant tliirteen hundred and fifty feet from the nortli- 
easterly rail of the Old Colony Railroad, measuring at right 
angles therewith, from a point distant four thousand feet 
north-westwardly from the draAV in their bridge over Xepon- 
set River ; thence south-eastwardly, to the point X, distant 
twelve hundred foet from said rail, measuring at right angles 
therewitli, from a point distant thirty-three hundred feet 
north-westwardly from said draw ; thence south-eastwardly 
again, to the point 0, distant seventeen hundred and fifty 
feet from said rail, measuring at right angles therewith, 
from a point distant sixteen hundred feet north-westwardly 
from said draw ; thence southwardly, to the point P, distant 
twelve hundred feet from said rail, measuring at right angles 
therewith, from a point distant three hundred feet north- 
westwardly from said draw ; thence south-westwardly, to the 
point Q, on the south-easterly corner of James Jenkins' 
wharf, (as at present built) ; thence to the point R, on the 
south-easterly corner of William H. Chamberlain's wharf, 
(as at present built); thence along the south-easterly end 
of said Chamberlain's wharf, and of Edward Preston's 
wharf, (as at present built,) to the point S, on the easterly 
side of the Neponset Bridge. 

Sect. 6. The line from East Boston in the direction of wne from E:ist 
Breed's Island, commences at the termination of the line of^°^'*°°' 
the commissioners of eighteen hundred and forty, denoted 
by letter A, on the plan number one of the harbor commis- 
sioners of eighteen hundred and fifty-four, and is in the 
south-westerly line of Sumner Street, extended south-east- 
wardly, and eight hundred feet from the south-easterly line 
of Jeffries Street ; thence the line runs easterly to a point in 
the north-easterly line of Everett Street, continued south- 
easterly, and (distant sixteen hundred and ten feet from the 



230 1856.— Chapter 294. 

^ south-easterly line of Jeffries Street ; thence the line runs 

'' northerly to a point in the line of the north-easterly side of 

Neptune Street, continued south-eastwardly, and distant 
fifteen hundred feet from the south-easterly line of Shirley 
Street ; thence the line runs straight north-eastwardly, to the 
point B, on the south-westerly shore of Breed's Island, dis- 
tant twelve hundred and fifty feet from the south-easterly line 
of Saratoga Street, extended north-eastwardly, measuring at 
right angles therewith, from a point distant thirteen hundred 
feet from the south-westerly line of Trumbull Street. 
No wharf, &c., to Sect. 6. No wliarf, picr or building, or incumbrance of 
yond'the'iines^''" ^-uy kind, shall ever hereafter be extended beyond the same 

lines into or over the tide-water in said harbor. 

Present wharves Sect. 7. No pcrsou sliall culargc or cxtcud any wliaxf or 

no o ecx en - pjg^.^ whicli is uow crccted on the inner side of the said lines 

further towards tlie said lines than such wharf or pier now 

stands, or than the same might have been lawfully enlarged 

or extended before the passing of this act, without leave 

first obtained in due form of law. 

Excavations Sect. 8. Xo pcrsou sliall hereafter build or extend any 

Mw "^struct- wharf, pier or other structure, in any part of the harbor of 

urcs, &c. Boston, beyond the riparian lines, unless such person shall 

excavate from the flats in said harbor adjacent, between high 

and low-water mark, a quantity of material equal in bulk to 

the quantity of water displaced liy said structure, unless by 

authority of the legislature. 

Persona offending Sect. 9. Evcrv pcrsou offcuding against the provisions 

to DC ClGCniCu ETUil- */l ^CJCJ^ J. 

ty of misdemean- of tliis uct, sliall bc dccmcd guilty of a misdemeanor, and 
'"'' *"^' shall be liable to be prosecuted therefor, by indictment or 

information, in any court of competent jurisdiction, and, on 
conviction, shall be punished by a fine not less than one 
thousand dollars nor more than five thousand dollars, for 
every offence ; and any erection or obstruction which shall 
be made, contrary to the provisions and intent of this act, 
shall be liable to be removed and abated as a public nuis- 
ance, in the manner heretofore provided for the removal and 
abatement of nuisances on public highways. [^Approved by 
the Governor, June 6, 1856.] 

Chan 294 ^^ ■^^^ relating to the Board of Commissioners on Alien Passengers and 
■* ' State Paupers. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as foUoivs : 

Appointment of Sect. 1. The govcmor aud council 'shall, upon the pas- 
sage of this act, appoint a suitable person, for a term of 



commissioners. 



1856.— Chapter 295. 231 

three years, who, with the auditor of accounts of the Com- 
monwealth, and the superintendent of aUen passengers for 
the city of Boston, shall constitute a board of commission- 
ers on alien passengers and State paupers, and said com- 
missioners shall have all the powers and perform the duties 
of the " Board of Commissioners in relation to Alien Pas- 
sengers and State Paupers," appointed under the provisions 
of the three hundred and forty-second chapter of the acts 
of the year one thousand eight hundred and fifty-one. 

Sect. 2. At the expiration of said term, and hereafter, vacancies, how 
whenever a vacancy shall occur, there shall be appointed, to 
fill the vacancy in said board, a person who shall hold the 
office for a term of three years. 

Sect. 3. The said commissioners shall have the same commissioners 
power to bind, as apprentices, minors who are inmates of ™rea«ces.X'.'" 
the hospital at Rainsford Island, and the same powers, re- 
spectively, in relation to any State paupers who are now or 
may hereafter become inmates of the same, or of either of 
the lunatic asylums in this Commonwealth, and their prop- 
erty, if they have any, or any property left by them, in case 
of tlieir decease, as are by law vested in towns, and in the 
overseers of the poor in towns, in reference to those paupers 
who are in any way supported or relieved by towns. 

Sect. 4. So much of the first section of the three hun- R^ppai. 
dred and forty-second chapter of the acts of the year one 
thousand eight hundred and fifty-one, as requires the gov- 
ernor and council to appoint a member of the council upon 
the " Board of Commissioners in relation to Alien Passen- 
gers and State Paupers," is hereby repealed. [^Approved 
by the Governor^ June 6, 1856.] 

An Act to change the corporate Name of " The Trustees of the Brimfield Chci}). 295 
Free Grammar School." 

Be it enacted bjj the Senate and House of Representa- 
tives, in General Court assembled, and bij the authority of 
the same, as follows : 

Sect. 1. The institution established by act of the legis- Name changed. 
lature, of April sixth, one thousand eight hundred and 
fifty-five, in the town of Brimfield, in tlie county of Hamjv 
den, under the corporate name of " The Trustees of the Free 
Grammar School in Brimfield," is hereby authorized to take 
the name of the "Hitchcock Free Grammar School," and validity of acts, 
all votes hereafter passed, and acts done by the trustees, 
under the said title, shall be valid. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, June 6, 1856.] 



232 



1856.— Chapter 296. 



Change in con- 
struction of rail- 
roads. 



Bridge to be on 
abutments. 



Chctp. 296 A-N Act to promote the Public Safety and Convenience, by a Bridge at the 
intersection of the Boston and Lowell, the Fitchburg and the Grand Jiinctiou 
Railroad.s, in .Somerville. 

Be it enacted by tlie Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The Fitchburg Railroad Company, and the 
Grand Junction Railroad and Depot Company, are hereby 
authorized to lower so much of the surface of their railroads, 
as is hereinafter indicated, and the Boston and Lowell Rail- 
road Corporation are hereby authorized to raise the surface 
of their railroad, so that the Fitchburg Railroad and the 
Grand Junction Railroad may pass under the said Boston 
and Lowell Railroad, in Somerville, at or near the point 
where said railroads now cross at grade. 

Sect. 2. The bridge required for that purpose shall be 
supported on abutments of good and substantial stone 
masonry ; those portions thereof below the present rail sur- 
face of the said railroads shall be ])uilt and maintained by 
the Fitchburg Railroad Company ; and those portions of 
said abutments above said rail surface, as well as the super- 
structure of said bridge, shall be built and maintained by 
the Boston and Lowell Railroad Corporation. The said 
superstructure of said bridge, when completed, shall be, in 
its lowest part, full five feet four and one-half inches above 
the present level of the top of the rails at said crossing. It 
shall also be of such span that the two tracts of the Fitch- 
burg Railroad and the track of the Grand Junction Railroad 
and Depot Company may pass lietween the abutments, with 
a clear space of four feet between each outermost rail and 
the corresponding abutment. The tracks of the Fitchburg 
Railroad shall retain their present direction, and a clear 
space of six feet shall be lef| between the two tracks of the 
said Fitchburg Railroad, and a clear space of eight feet six 
inches between the north track of said Fitchburg Railroad 
and the track of the Grand Junction Railroad, the last men- 
tioned track to be moved northward for that purpose, so 
that a line of iron pillars may bo erected midway of the last 
mentioned space, to aid in the support of said bridge super- 
structure, which shall, in other respects, bo supported only 
at the abutments. 
Power to change Sect. 3. For tlic purposcs aforcsaid, thc Said Fitcliburg 
Railroad Company and the Boston and Lowell Railroad Cor- 
poration are empowered to make any changes in the grade 
and construction of their railroads, also to raise, lower, or 
otherwise change any highways, townways or passage-ways 



Dimensions of 
bridge. 



grade, take land, 
&c 



1856.— Chapter 296. 233 

and connecting tracks, so far as may be necessary for tlie 
execution of the above mentioned works, with tlie consent of 
the county commissioners of the county of Middlesex. They 
are also authorized to take any land, or rights in land, for 
the widening of their emljankments or cuttings, or for the 
construction of temporary side tracks, to prevent the inter- 
ruption of their business during the progress of said work ; 
they may also take land for drainage or other purposes 
necessary or incidental : provided., that for all land and ^'oviso. 
rights in land thus taken, they shall make compensation 
according to law, and shall also file a location, according to i-ocation eied. 
law, for all land thus taken for permanent occupation. And 
the Fitchburg Railroad Company is hereby authorized and 
required to remove so much of the embankment and road 
bed of the Grand Junction Railroad and Depot Company, as 
lies within the limits of the land taken by said last named 
company from the Fitchburg Railroad Company, or within 
the limits of the land taken from the Boston and Lowell 
Railroad Corporation, as will make the main track of the 
railroad of the Grand Junction Railroad and Depot Compa- 
ny correspond in level with those of the Fitchburg Railroad, 
within said limits ; such work, so far as the same shall fall work to be done 
within the limits of the land occupied hj the Fitchburg ion "f Tommla- 
Railroad and Grand Junction Railroad, in juxtaposition or ^'°""' 
at their intersection, shall be executed by said Fitchburg 
Railroad Company, under the supervision of a commissioner 
to be appointed by the governor, as hereinafter provided — 
by which commissioner, the cost of the same, when com- 
pleted, including the cost incurred by said Fitchburg Rail- 
road Company in erecting and maintaining their portion of 
the abutments and other masonry of said bridge, shall be 
apportioned between said two companies, as shall by him be 
deemed equitable ; and should the award of said commis- Proceedings if 
sioner not be promptly paid by the Grand Junction Railroad Iwaid^.*° ^^^ 
and Depot Company, the Fitchbiu-g Railroad Company may 
recover a fair and just proportionate part of the cost incur- 
red by them in lowering said tracks and road beds, and in 
furnishing materials for and constructing said railroad bridge 
and its appendages, from said Grand Junction Railroad and 
Depot Company, with costs, in an action of contract, in the 
supreme judicial court, in either of the counties of Middle- 
sex or Suffolk ; and if the defendants therein shall fail to 
pay to the plaintiffs the amount of the judgment in said 
suit, the said court shall, on application of the plaintiffs, 
grant an injunction to prevent the said defendants, their 
successors and assigns, from iising or running their railroad 

30 



234 



1856.— Chapter 296. 



Costs, &c., in 
case of connec- 
tion ivitli other 
roads . 



May use each 
other's tracks. 



Former acts de- 
fined. 



in Somerville, south or west of the estate of Elizabeth Joy, 
until said judgment shall he paid, without prejudice to the 
other remedies of the plaintiffs. 

Sect. 4. In case the Grand Junction Railroad and Depot 
Company shall require a connection between the Boston and 
Lowell Railroad and the Grand Junction Railroad and the 
Fitchburg Railroad, or cither of them, to be maintained 
near said bridge, the cost of maintaining a connection shall 
be included in the cost of making said bridge, and the work 
above the present rail surface shall be performed hj the 
Boston and Lowell Railroad, and the work beneath such 
surface shall be performed by the Fitchburg Railroad Com- 
pany in the manner herein before stated ; and the cost of 
performing the same and providing materials therefor shall 
be added to the cost of doing the work and providing 
materials for said bridge to be incurred b}' said Fitch- 
burg Railroad Company, and shall be included in said 
award ; and if said award be not paid, a just and fair 
proportion of such cost may be recovered by them in said 
action from said Grand Junction Railroad and Depot Com- 
pany. And said last named company are hereby authorized 
to take any land on the northerly side of their present loca- 
tion, that may be required for altering their side track and 
switches, paying for said land, and filing a location thereof 
according to law : and the cost thereof shall constitute a 
part of the cost of said bridge, and be credited to the party 
taking the same. 

Sect. 5. The Fitchburg Railroad Company is hereby 
authorized to make use of the track of the Grand Junction 
Railroad, for the passage of trains, whenever its own track is 
obstructed during the progress of the said work ; and the 
said Grand Junction Railroad and Depot Company may, 
also, under like circumstances, and during said period and 
no longer, make use of so much of the tracks of the Fitch- 
burg Railroad, for the passage of trains, as lie between the 
west end of Prison Point Bridge and Milk Street, in Somer- 
ville ; and each party shall be allowed by the other a fair 
compensation for such use. 

Sect. 6. And it is hereby expressly declared that it was 
not the intention of any act prior to this act to authorize, 
nor did it authorize the Grand Junction Railroad and Depot 
Company, or the companies which composed it, to take or 
hold either of the main tracks of the Fitchburg Railroad in 
said Somerville, or the land required for running trains 
thereon. And the said Fitchburg Railroad Company shall 



1856.— Chapter 297. 235 

retain both of their said main tracks in said Somerville, for 
the exclusive use of their said company, and of all other 
railroad companies that have been or shall be expressly 
authorized to enter upon and use the same according to 
law ; and may include the said main tracks and land in the 
new location of their railroad and branches which they are 
empowered to make by law. And the location of the Grand 
Junction Railroad and Depot Company in said Somerville, 
so far as it lies on the northerly side of the northerly track 
of said Fitchburg Railroad and of the strip of land required 
for running trains thereon, and so far as it intersects in 
crossing the main tracks of said Fitchburg Railroad with a 
width not exceeding twenty-four feet in crossing, is hereby 
confirmed ; subject, however, to the changes herein autho- 
rized, and subject to all claims for damages caused by the 
location and construction of said Grand Junction Railroad ; 
and said Grand Junction Railroad and Depot Company shall 
have no power to use either of said main tracks of the 
Fitchburg Railroad Company except as provided for in sec- 
tion five of this act. 

Sect. 7. Nothing herein shall be so construed as to Restriction. 
authorize either of said companies to take any additional 
land from the estate of Elizabeth Joy. 

Sect. 8. For the supervision and apportionment con- commissioner 
templated in the third section of this act, a commissioner pucatLnf rc"^" 
shall be appointed by the governor, with the advice of his 
council, on application of any two of said three companies, 
the compensation of which commissioners shall be a part of 
the cost of said work. 

Sect. 9. This act shall take effect from and after its 
passage. \_Approved by the Governor, June 6, 1856.] 



An Act in addition to an Act concerning Lines in Boston Harbor. Chftl). 297 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The act of the year of our Lord one thousand eight hun- Act revived and 
dred and fifty-five, chapter three hundred and ten, is hereby *'''*°'^®'^ 
revived, and shall take effect from and after the passage of 
this present act, and the fifth section of said act shall be 
extended two years, [Approved by the Governor, June 6, 
1856.] 



236 



1856.— Chapters 298, 299. 



Terms establish- 
ed at Fitchburg. 



Terms for ciyil 
and criminal 
business. 



Chap. 298 -A-n Act to establish additional Terms of the Court of Common Pleas in the 

County of Worcester. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. In addition to the terms of the court of com- 
mon pleas now provided to be holden within and for the 
county of Worcester, three terms of said court shall be held 
in the town of Fitchburg, as follows, viz. : on the first Mon- 
day in February and June, and the fourth Monday in Octo- 
ber, in each year, after the first day of August, in the year 
one thousand eight hundred and fifty-six. 

Sect. 2. The terms of the court herein provided to be 
holden on the first Monday of February and the fourth Mon- 
day in October, in each year, shall be for the transaction of 
civil business ; and the term to be holden on the first Mon- 
day of June, in each year, shall be for the transaction of 
criminal business. 

Sect. 3. This act shall take effect on and after its 
passage. l_Approved by the Governor, June 6, 1856.] 

An Act to authorize Donald McKay to build a Wharf. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Donald McKay, proprietor of land and flats situated in 
that part of Boston called East Boston, fronting on Border 
Street, lying between and adjoining other land and flats of 
said McKay, formerly of Lombard and Whitmore, and land 
and flats of the East Boston Company, is hereby authorized 
to build, extend and maintain a wharf from his said prem- 
ises into the harbor channel, as far as the commissioners' 
line, so called, is now established by law, in Boston Harbor, 
and shall have the right to lay vessels at the end and sides 
thereof, and to receive wharfage and dockage therefor : pro- 
vided, hoivever, that this grant shall not be construed to 
extend to any flats or land of this Commonwealth, lying in 
front of the flats of any other person, or which would be 
comprehended by the true line of such flats continued to 
the said commissioners' line ; and provided, further, that 
so much of said wharf as may be constructed below low- 
water mark, shall be built on piles, which piles shall not be 
nearer to each other than six feet in the direction of the 
stream, and eight feet in a transverse direction, and that 
this act shall in no wise impair the legal rights of any per- 
son whatsoever. \_Approved by the Governor, June 6, 1856,] 



Chap. 299 



■\Tharf in East 
Boston. 



Rights, &c. 



Proviso. 



ProTided, fur- 
ther. 



1856.— Chapters 300, 301. 237 

An Act to change the Name of the Ainesbury Street Baptist Society and to OIlClj). 300 
legalize the doings thereof. 

Be it enacted by the Seriate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. The Amesbury Street Baptist Society, in Law Name changed. 
rence, are hereby authorized to take the name of the First 
Baptist Society in Lawrence, and shall hereafter be known 
by said name. 

Sect. 2. All acts and proceedings of the Amesbury Proc«e'iings le- 
Street Baptist Society in Lawrence, under the name of the 
First Baptist Society in Lawrence, all conveyances, mort- 
gages, and promissory notes heretofore given by them under 
said last mentioned name, are confirmed and declared bind- 
ing on said Amesbury Street Baptist Society, in the same 
manner and to the same extent they would be if they had 
been done and made in the name of the Amesbury Street 
Baptist Society : provided, that the said Amesbury Street p^viso. 
Baptist Society shall, at a meeting duly called for that pur- 
pose, approve and ratify all the aforesaid acts and proceed- 
ings. 

Sect. 3. This act shall take effect from and after its 
passage. \_Approved by the Governor, June 6, 1856.] 

An Act to protect Boston Harbor. L>nG,p. oOl 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Any person who shall take, carry away, or J'«°a■ltyforcarry- 
•'i^^ 11 f« '"S away stones, 

remove by land or water, any stones, gravel or sand, ironigravei. &c. 
any of the beaches, head-lands or islands, within or border- 
ing upon Boston Harbor, without a license therefor from the 
mayor and aldermen of the city of Boston, shall, for each 
offence, forfeit a sum not exceeding twenty dollars, to be 
recovered by complaint or indictment in any court of com- 
petent jurisdiction. 

Sect. 2. Boston Harbor, for the purposes of this act, ivimits of Boston 
shall be deemed to extend to a line drawn from the outer 
end of Commercial Point, in the town of Dorchester, direct 
to the outer end of Point Alderton, in the town of Hull ; 
thence to the outer end of the outer Brewster Island, and 
thence direct to the Short Beach, at the division line between 
the towns of North Chelsea and Winthrop. 

Sect. 3. All acts and parts of acts, inconsistent with this J^p^^Yed.'**"* ^"^ 
act, are hereby repealed. 



238 



1856.— Chapter 302. 



Sect. 4. This act shall take effect from and after its 
passage. [^Approved by the Governor, June 6, 1856.] 



CorporatorF. 



Power to con- 
struct railway. 



Location. 



C/lCip. 302 -A-N Act to incorporate the Maiden and Melrose Railroad Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. Daniel P. Wise, George W. Wilson, Daniel W. 
Gooch, Daniel Perkins, John Shelton, their associates and 
snccessors, are hereby made a corporation by the name of 
the Maiden and Melrose Railroad Company, with power to 
construct, maintain and nse a railway or railways, with 
convenient single or double tracts, from such point or points 
in the town of Melrose, as shall be fixed by the selectmen of 
said town, with the assent of such corporation, in writing- 
expressed, and filed with said selectmen, and upon and over 
such of the streets and highways of said town as shall be, 
from time to time, fixed and determined by said selectmen, 
with the written assent of said corporation, filed as aforesaid, 
to the intersection of the same with the streets and highways 
of the town of Maiden, and thence upon and over such of 
said streets and highways of the town of Maiden, as shall be, 
from time to time, fixed and determined by the selectmen of 
said Maiden, with the assent, in writing, of said corporation, 
filed with the said selectmen, to Maiden Bridge, thence over 
said Maiden Bridge, using such part thereof, and so con- 
structing said railway or railways, and paying such toll or 
compensation as may be agreed upon between the proprie- 
tors of said Maiden Bridge and said railroad corporation ; 
and, in case of disagreement between said proprietors and 
said railroad corporation, as to the part of said bridge to be 
so used, or as to the mode of construction of said railway or 
railways, or as to the rate of toll or compensation to be j^aid 
by said railroad corporation, the same shall be fixed and 
determined by three commissioners, to be appointed by the 
supreme judicial court ; thence upon and over such of the 
streets of the city of Charlestown as shall be, from time to 
time, fixed and determined by the mayor and aldermen of 
said city, with the assent, in writing, of said corporation, 
and also over and on such other land in said Melrose, Mai- 
den and Charlestown, as said corporation may elect to build 
their road or roads over and upon, to some convenient point 
of intersection, in said Charlestown, with the railroad of the 
Middlesex Railroad Company ; such point of intersection to 
be fixed by the city council of the said city of Charlestown ; 



1856.— Chapter 302. 239 

and all tracks of said railroad shall be laid at such distances 
from the side-walks in said towns and city, as the selectmen 
of said towns, and the mayor and aldermen of said city shall, 
respectively, in their orders fixing the route of said railroad, 
determine. And said corporation shall have power to fix, Kates of f«ie. 
from time to time, such rates of compensation for transport- 
ing persons or property, as they may think expedient ; and 
shall have all the powers and privileges, and be subject to 
all the duties, liabilities and restrictions, set forth in the 
forty-fourth chapter of the Revised Statutes. Notice to Notic« to abut- 
abutters on streets in which it may be proposed to lay the 
tracks of said corporation, shall be given by the publication, 
in one or more newspapers published in said city of Charles- 
town, fourteen days, at least, before the location of any such 
tracks, and also by posting in three public places in each of 
said towns, and in said city, notice of said proposed location, 
fourteen days, at least, before the same shall be made. 

Sect. 2. The corporation hereby created, may enter May enter upon 
upon and use the track of the Middlesex Railroad Company Tanvoa^t. *''''*"' 
in such mode, and upon such rates of compensation, as may 
be agreed upon ; or, in case of disagreement, such mode and 
rates shall be fixed by three commissioners, to be appointed 
by the supreme judicial court. 

Sect. 3. Said tracks, or roads, shall be operated and used operated by 
by said corporation, with horse-power only. The selectmen oniT ^°'^'" 
of said towns, and the mayor and aldermen of said city, 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 convenience and safety may require. 

Sect. 4. Said corporation shall keep and maintain in Repairs, &c. 
repair, such portion of the street and bridges, respectively, 
as shall be occupied by their tracks, and shall be liable for 
any loss or injury that any person may sustain, by reason of 
any carelessness, neglect or misconduct of its agents and 
servants, in the management, construction or use of said 
tracks, roads or bridges ; and, in case any recovery shall be 
had against either of said towns, or the said city, by reason 
of such defect or want of repair, said corporation shall be 
liable to pay to such towns, or to said city, respectively, or 
either of them, any sums thus recovered against them, 
together with all costs and reasonable expenditures incurred 
by them respectively, in the defence of any such suit or suits, 
in which recovery may be had ; and said corporation shall 
not incumber any portion of the streets or bridges, not occu- 
pied by said road or tracks. 

Sect. 5. If any person shall wilfully and maliciously 



240 



1856.— Chapter 302. 



Penalty for ob- 
structing corpo- 
ration . 



Penalty if corpo- 
ration shall ob- 
struct. 



Capital stock, 
$200,000, in 
shares of $100 
each. 



May purchase 
necessary real 
estate. 



Selectmen, &c. 
to determine 
grade. 



Act not to pre- 
vent selectmen, 
&c., taking up 
streets. 



Act void unless, 
&e. 



obstruct said corporation in the use of said road or tracks, 
or the passing of the cane or carriages of said corporation 
thereon, snch person, and all who shall be aiding or abetting 
therein, shall be punished bj a fine not exceeding five hun- 
dred dollars, or may be imprisoned in the common jail for a 
period not exceeding three months. 

Sect. 6. If said corporation, or its agents or servants, 
shall, wilfully and maliciously, obstruct any highway, or the 
passing of any carriages over the same, such corporation 
shall l)c punished by a fine not exceeding five hundred dol- 
lars. 

Sect. 7. The capital stock of said corporation shall not 
exceed two hundred thousand dollars, to be divided into 
shares of one hundred dollars each ; and no shares in the 
capital stock shall be issued for a less sum or amount, to be 
actually paid in on each, than the par value of the shares 
which shall be first issued. 

Sect. 8. Said corporation shall have power to purchase 
and hold such real estate, within said towns, or either of 
them, as may be convenient or necessary for the purposes 
and management of said road. 

Sect. 9. The said road shall be constructed and main- 
tained in such form and manner, and upon such grade, as 
the selectmen of said towns, or the mayor and aldermen of 
said city, respectively, may, in their votes fixing and deter- 
mining 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, such alteration may be made at tlie sole expense of said 
corporation : provided, the same shall be assented to by the 
selectmen of the town or the mayor and aldermen of said 
city, within which such alteration is to be made. 

Sect. 10. Nothing in this act shall be construed to pre- 
vent 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 bridges, traversed by said rail- 
road, for any purpose for which they may now lawfully take 
up the same. 

Sect. 11. This act shall be void, so far as relates to the 
right to construct said road in either of said towns or said 
city, unless the same shall be accepted by the selectmen of 
such towns and the mayor and aldermen of said city, re- 
spectively, and unless the same shall be accepted by said 
corporation, and unless ten per cent, of the capital stock 
thereof shall be paid in within three years from and after 
the passage of this act. 



1856.— Chapters 303, 304. 241 

Sect. 12. Said corporation shall be deemed a railroad corporation to 
corporation, so far as to be subject to make such annual returns^'imtf &e. 
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, taken by them for their track, 
but not to the other general provisions of law in relation to 
railroad corporations. {Approved by the Governor, June G, 
1856.] 

An Act to incorporate the Society for the relief of Aged Women, in Salem. Chttp, 303 

Be it enacted by the Senate and House of Representor- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Daniel A. White, Stephen C. Phillips, John corporators. 
Bertram, Ripley Ropes and John Ball, their associates and 
successors, are hereby made a corporation by the name of Name. 
The Society for the relief of Aged Women, in Salem, 
for the purpose of taking, holding, investing and distributing Purpose. 
such funds as they now have or may hereafter be given 
them, for the charitable and benevolent objects of their 
society; with all the powers and privileges, and subject to Prmieges re- 
all the duties, liabilities and restrictions, set forth in the ' 
forty -fourth chapter of the Revised Statutes. 

Sect. 2. Said corporation shall have power to establish Rules, &c. 
such rules and regulations for the management of their 
society, as a majority of the members may, from time to 
time, determine to be expedient and proper. 

Sect. 3. Said corporation shall be empowered to hold Real and personal 

^ i^ Tr-p estate not to ex- 

real and personal estate to an amount not exceeding nity ceed $50,000. 
thousand dollars. 

Sect. 4. This act shall take effect from and after its 
passage. [^Approved by the Governor, June 6, 1856.] 

An Act to authorize Luther Drew to build a Wharf. Chcip. 304 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follovjs : 

Luther Drew, proprietor of land and fiats, situated in wharf in East 
that part of Boston called East Boston, fronting on Marginal 
Street, lying between and adjoining land and fiats of Donald 
McKay, and land and flats of the Grand Junction Railroad 
and Depot Company, is hereby authorized to build, extend 
and maintain a wharf from his said premises into the har- 
bor channel, as far as the commissioners' line, so called, is 

31 



242 1856.— Chapter 305. 

Rights, &e. now established by law in Boston Harbor, and shall have 
the right to lay vessels at the end and sides of said wharf, 

Proviso and to receive wharfage and dockage there^ov : provided, 

however, that this grant shall not be constr;ied to extend to 
any flats or land of this Commonwealth, lying in front of 
the flats of any other person, or which wonld be compre- 
hended by the true lines of such flats, continued to the said 

Provided further, commissioners' line; and provided, further, that so much 
of said wharf as may be constructed below low-water mark 
shall be built on piles, wliich piles shall not l)e nearer to 
each other than six feet in the direction of the stream, and 
eight feet in a transverse direction, and that this act shall in 
no wise impair the legal rights of any person whatever. 
\^Approved by the Governor, June 6, 1856.] 

Chap. 305 An Act concerning the location of the Eastern Kailroad. 

Be it enacted bj/ the Senate and House of Representa- 
tives, in General Court assembled, and bij the authority of 
the same, as follows : 

Location con- Sect. 1. Thc locatiou of the railroad of the Eastern 

Railroad Company, and said railroad and its branches, as 
the same are actually laid out and constructed, in the coun- 
ties of Essex, Middlesex and Suffolk, are hereby ratified and 
confirmed. 

May file new lo- Sect. 2. In Order to correct any informality or insuffi- 

in one' year'.'" cicucy iu tlic locatiou of Said railroad and its several branches, 
heretofore filed, the said corporation is hereby authorized, 
at any time within one year from the passage of this act, 
to file with the county commissioners of Essex, Middle- 
sex and Suflblk, respectively, new locations of said railroad 
and its several branches, defining the conrses, distances and 
boundaries of such portions thereof, as lie within the said 
counties, respectively, in conformity with the actual con- 
struction of said railroad and branches, as already built, 
which said new locations, when filed, shall be valid and 

FroTiso sufficient in law, to all intents and purposes : provided, 

that nothing herein contained, shall affect the legal rights of 
any person to damages, whose land may have been taken 
lieretofore by said corporation, and not settled for under the 
existing laws. 

Sect. 3. This act shall take effect fi-om and after its 
passage. [Approved by the Governor, June 6, 1856.] 



1856.— Chapters 306, 807. 243 

An Act to authorize the Agent of Charles River and Warren Bridges to Ckup. 306 
lea.se a "SVharf adjoining Warren Bridge. 

Be it enacted Oi/ the Senate and House of Representa- 
tives, in General Court assembled, and by the aidhority of 
the same, as follows : 

The agent of the Charles River and AVarren Bridges is May i-^as* ''harf 
hereby authorized to lease, for a period not exceeding ten 
years from the expiration of the present lease thereof, the 
southern portion of the wharf adjoining AVarren Bridge, on 
the westerly side tliereof, for the purpose of a bathing-house : 
provided, that this act shall not be construed to authorize Proriso. 
said agent to lease any premises over which the Fitchburg 
Railroad Company were authorized to widen their bridge, 
by the two hundred and thirtieth chapter of the acts of the 
year one thousand eight hundred and fifty-five, nor in any 
manner affect the rights of any parties under said act ; and 
provided, further, W\2X said lease shall be approved )jy the Pro^<ied fur- 
governor and council. \^Approved by the Governor. June 6, 
1850.] 

An Act to diride the Conunonwealth into Districts for the choice of Coun- Ckcip. 307 

cillors. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follovjs : 

^EQT. 1. For the purpose of choosing councillors, tlie cotnmon'Teaith 
Commonwealth is hereby divided into eight councillor dis- tmort^Mm^^' 
tricts, each of which shall, in the manner prescribed by the 
constitution and the laws, elect one councillor. 

Sect. 2. Tlie said eight districts shall be as follows, to Dietrictxo.i 
wit: The counties of Barnstable, Dukes and Xantucket, 
together with the towns of Abington, Carver, Duxbury, 
Halifax, Hanover, Hanson, Kingston, Lakeville, Marion, 
Marshfield, Middleborough, Pembroke, Plymouth, Plymp- 
ton, Rochester, Scituate, South Scituate and Wareham, in 
the county of Plymouth ; the cities of Fall River and New 
Bedford, and the towns of Dartmouth, Fairhaven, Freetown, 
Somerset, Swanzey and Westport, in tlie county of Bristol, 
shall form one district, and be called district number one. 

The towns of Bridgewater, East Bridgewater, North District xo. 2. 
Bridgewater, "West Bridgewater, Hingham and Hull, in the 
county of Plymouth; Attleborough, Berkley, Dighton. 
Easton, Mansfield, Norton, Pawtucket, Raynham, Rehoboth, 
Seekonk and Taunton, in the coimty of Bristol ; Belling- 
ham, Braintree, Canton, Cohasset, Dedham, Dorchester, 
Foxborough, Franklin, Medfield, Medway, Milton, Quincy, 



244 



1856.— Chapter 307. 



District No. 3. 



District No. 4. 



District No. 5. 



District No. 6. 



District No. 7. 



Randolph, Sharon, Stoughton, Walpole, Weymouth and 
Wrentham, in the county of Norfolk ; and Blackstone, Men- 
don, Milford, Northbridge and Uxbridge, in the county of 
Worcester, shall form one district, and l^e called district 

NUMBER TWO. 

The city of Roxbury, and the towns of Brookline, Dover, 
Needham and West Roxbury, in the county of Norfolk ; the 
cities of Cambridge and Charlestown, and the towns of 
Ashland, Brighton, Framingham, Holliston, Hopkinton, 
Natick, Newton, Sherborn, Somerville, Way land and Wes- 
ton, in the county of Middlesex ; and the wards numbered 
five, six and nine, in the city of Boston, in the county of 
Suffolk, shall form one district, and be called district num- 
ber THREE. 

The wards numbered one, two, three, four, seven, eight, 
ten, eleven and twelve, in the city of Boston, and the towns 
of Chelsea, North Chelsea and Winthrop, in the coimty of 
Suffolk, shall form one district, and be called district num- 
ber FOUR. 

The cities and towns in the county of Essex, excepting 
the towns of Andover and Methuen, shall form one district, 
and be called district number five. 

The towns of Andover and Methuen, in the county of 
Essex, and the city of Lowell, and the towns of Acton, 
Ashby, Bedford, Billerica, Boxborough, Burlington, Carlisle, 
Chelmsford, Concord, Dracut, Dunstable, Groton, Lexing- 
ton, Lincoln, Littleton, Maiden, Marlborough, Medford, 
Melrose, North Reading, Pepperell, Reading, Shirley, South 
Reading, Stoneham, Stow, Sudbury, Tewksbury, Townsend, 
Tyngsborough, Waltham, Watertown, West Cambridge, 
W^estford, Wilmington, Winchester and Woburn, in the 
county of Middlesex ; and Bolton, Clinton, Fitchburg, Har- 
vard, Lancaster, Leominster and Lunenburg, in the county 
of Worcester, shall form one district, and be called district 
number six. 

The city of Worcester and the towns of Ashburnham, 
Athol, Auburn, Barre, Berlin, Boylston, Brookfield, Charl- 
ton, Dana, Douglas, Dudley, Gardner, Grafton, Hardwick, 
Holden, Hubbardston, Leicester, Millbury, New Braintree, 
Northborough, North Brookfield, Oakham, Oxford, Paxton, 
Petersham, Phillipston, Princeton, Royalston, Rutland, 
Shrewsbury, Southborough, Southbridge, Spencer, Sterling, 
Sturbridge, Sutton, Templeton, Upton, Warren, Webster, 
Westborough, West Boylston, West Brookfield, Westmin- 
ster and Winchendon, in the county of Worcester ; and the 



1856.— Chapter 308. 245 

several towns in the county of Franklin, shall form one 
district, and be called district number seven. 

The counties of Berkshire, Hampden and Hampshire ^'^*"''* ^°^- 
shall form one district, and be called district number eight. 

Sect. 3. The qualification of the voters for councillors, Qualification of 
the time, manner and declaration of the election and the as for governor. 
return of the votes, shall be such as are required in the 
election of governor. 

Sect. 4. All laws in force, in relation to the duties of Existing laws ap- 
sheriffs, town and city officers and voters, in the election of tloa* of councni 
governor, senators and representatives of this Common- '"""^ 
wealth, shall, as far as the same may be applicable, apply 
and be in force in regard to the meetings and elections to 
be held, and the returns to be made under the provisions of 
this act, respecting the choice of councillors ; and the like 
penalties shall be incurred for the violation thereof. {^Ap- 
proved by the Governor, June 6, 1856.] 

An Act concerning the Superior Court of the County of Suffolk, and the Ch(ip. 308 
Court of Common Pleas. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
. the same, as follows : 

Sect. 1. The words "three thousand" are hereby sub- -uriscuctiun en- 
stituted for the words " fifteen hundred," wherever the ^^''^^'^ *° *'^"^^ 
latter occur in the third and fourth sections of the four hun- 
dred and forty-ninth chapter of the acts of the year eighteen 
hundred and fifty-five. 

Sect. 2. The fourteenth section of the last mentioned saiary of cierk 
act is so far amended as that the clerk, instead of the salary 
therein provided, shall retain for his services, from the fees 
received by him and for which he is to account, the sum of 
three thousand dollars per annum, if such fees amount to so 
much, and the balance he shall pay over to the treasurer of 
the city of Boston, for the use of said city, annually. 

Sect. 3. Nothing in this act shall be construed to release Boston to eon- 
said city from its proper contribution to the maintenance of tenan'^e'ofTo.' 
the court of common pleas prior to the establishment of the ^''''''' 
said superior court. [Approved by the Governor, June 6, 
1856.] 



246 



1856.— Chapters 309, 310. 



Chap. 309 -A.N Act to incorporate the Titieut Academy, of Middieborough. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Isaac Pratt, Morrill Robinson, Zebulon Pratt, 
their associates and successors, are hereby made a corpora- 
tion by the name of the Titieut Academy, to be established 
in the town of Middieborough, in the county of Plymouth ; 
with all the powers and privileges, and subject to all the 
duties, restrictions and liabilities, set forth in the forty-fourth 
chapter of the Revised Statutes. 

Sect. 2. Said corporation may hold real estate to the 
amount of fifteen thousand dollars, and personal estate to 
the amount of ten thousand dollars ; to be exclusively devot- 
ed to the purposes of education. 

Sect. 3. This act shall take effect from and after its 
passage. \^Approved by the Governor, June 6, 1856.] 

An Act to incorporate the Globe Insurance Company, in Boston. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. William Appleton, Josiah Bradlee and William 
F. Weld, their associates and successors, are hereby made a 
corporation by the name of the Globe Insurance Cornpany, 
of Boston, for the purpose of making insurance against losses 
by fire and maritime losses ; with all the powers and privi- 
leges, and subject to all the duties, liabilities and restrictions, 
set forth in the forty-fourth chapter of the Revised Statutes, 
the four hundred and fifty-third chapter of the acts of 
eighteen hundred and fifty-four, and all other general laws 
in force relating to insurance companies, except as herein- 
after provided. 

Sect. 2. Said company shall have a capital of one mil- 
lion dollars, to be divided into shares of one hundred dollars 
each, to be paid in and invested as follows: Before any 
*'ftyj^r_ wnt. to policies shall be issued, fifty per cent, of said capital shall 
policies issue. bc paid in cash, and invested according to the laws of this 
Commonwealth regulating insurance companies with specific 
capital ; and the residue of said capital shall be paid by 
notes of the stockholders, payable on demand, without inter- 
est, and secured by pledge of the stock held by said stock- 
holders ; and no part of said stock shall be transferred, until 
the full amount of notes secured thereby has been paid in 
cash, or said stock shall be transferred, subject to the lien 



Corporators. 



Privileges, re- 
strictions, &c. 



Real estate, 
S15.000. 



Personal estate, 

$10,000. 



Chap/.ni) 



Corporators. 



Nanoe. 

Purpose 

Privileges, re- 
etrictions, &c. 



Capital, »1,000,- 
000, in shares of 
«100 each. 



Residue of capi 
tal, how paid. 



1856.— Chapter 310. 247 

thereon for payment of said notes, to be expressed in the 
instrument of transfer. 

Sect. 3. Said company shall set apart annually, all |7re^g^7^„ 
its profits over and above six per cent, of its unimpaired of uotes, &e. 
capital, paid in and invested as aforesaid, as a reserved fund, 
for the redemption of said stockholders' notes, which fund 
shall be invested in the same manner as its cash capital ; and 
whenever said fund, with its accumulations, shall amount 
to ten per cent, of said notes, the same shall be ratably 
endorsed as a payment thereon, and so on from time to 
time, until said notes are fully paid. 

Sect. 4. This act shall take effect from and after its 
passage. \^App7-oved by the Governor^ June 6, 1856.] 



1856.— Change of Names. 249 



CHANGE or NAMES. 



Seceetary's Office. 

By the 256tli chapter of the acts of 1851, entitled " An 
Act to provide for tlie Change of Names of Persons," it is 
provided that " the judges of probate for the several coun- 
ties shall, annually, in the month of December, make a re- 
turn, to the office of the Secretary of the Commonwealth, of 
all changes of names made under and by virtue of this act, 
and such returns shall be published in a tabular form, with 
the statutes of each year." And the following returns have 
been received at this Department in accordance with said 
act. 

SUFFOLK. 

George Barnard, takes the name of George Barnard 
Brown. 

William Piggot Casey, takes the name of William Piggot. 

James Gilleland, takes the name of James Gillingham. 

Warren Gookin, takes the name of Warren Plummer 
Wilder. 

Nellie Howe, takes the name of Emma Frances Colburn. 

Susan Dillaway Irish, takes the name of Susan Dillaway 
Taylor. 

Edwin Augustus Irish, takes the name of Edwin Augus- 
tus Taylor. 

James Franklin Irish, takes the name of Frank Berry 
Taylor. 

Samuel Keep, takes the name of Samuel Hamilton Keep. 

Uriah Thomas Ling, takes the name of Uriah Thomas 
Stone. 

32 



250 1856.— Change of Names. 

John McCarter, takes the name of John Mason Carter. 

Martha A. Morrow, takes the name of Martha A. Morse. 

William Roddin, takes the name of "William Brown 
Adams. 

Mary Ann Rol)inson, takes the name of Frances Ella 
Butts.' 

Plenrictta A. Smith, takes the name of Henrietta A. Reed. 

Mary Ann Tancock, takes the name of Mary Ann Shar- 
land. 

William Brown Adams, takes the name of William Rod- 
din. 

Matilda Allen Fearing, takes the name of Matilda Fearing 
Allen. 

Mary Elizabeth Fuller, takes the name of Mary Frances 
Williams. 

John Gilligan, takes the name of John Gilligan Adams. 

Decreed byJEdward G. Loring, Judge of Probate for the 
County of Suffolk. 

The date of the decree is not given in the return made to 
this office. 



ESSEX. 

April 3, 1855. Mary Snethen, of Salem, takes the name 
of Mary Snethen Abbott. 

May 15. James Gott, 3d, of Rockport, takes the aiame of 
James Jabez Gott. Franklin Putnam Fish, of Andover, 
takes the name of Franklin Putnam. 

Decreed by N. S. Howe, Judge of Probate for the County 
of Essex, 



MIDDLESEX. 

January 9, 1855. Thomas Saunders, of Lowell, takes 
the name of Thomas Edward Saunders. 

February 20. Jackson McCartee, of Burlington, takes 
the name of Loring Mason Jackson. 

March 6. James Alfred Loker, of Tewksbury, takes the 
name of Alfred J. Livingston. Mary Savory Price, of 
Lowell, (a minor,) takes the name of Mary Price Savory. 

March 20. Mehitable S. Benson, of South Reading, (a 
minor,) takes the name of Sarah Benson Green. Frances 
Ellen Sawyer, of Lowell, (a minor,) takes the name of 
Frances Ellen Wright. 



1856. — Change of Names. 251 

April 10. Charles Dearth, of Sherborn, takes the name 
of Charles Howe ; and the name of his wife, and three 
children, who are minors, was changed to Howe. Henry 
Dearth, of Sherborn, takes the name of Henry Howe ; and 
the name of his wife, and two children, who are minors, was 
changed to Howe. John Brown, of Charlestown, takes the 
name of John Manson Brown. Mary Jane Mosman, of Sud- 
bury, (a minor,) takes the name of Mary Jane Smith. Mi- 
chael Powell, of Cambridge, takes the name of Martin Powell. 

May 15. Mazelli Augustus Benson, of Reading, (a mi- 
nor,) takes the name of Ellen Benson Baldwin. 

June 5. Idaetta Towne, of Lowell, (a minor,) takes the 
name of Idaetta Thompson. 

June 12. George Washington Robinson, of Lexington, 
takes the name of George Dexter Robinson. 

June 26. Ellen Euseba Montague, of Ashland, (aminor,) 
takes the name of Ella Euseba Sherman. 

August 21. Malcom Holden, of Maiden, (a minor,) 
takes the name of Howard Malcom Holden. 

September 4. Josiah Cooledge McKenney, of Waltham, 
takes the name of Josiah Cooledge Hadley. 

September 18. Patrick Driscoll, of Groton, takes the 
name of Frederick Driscoll. 

November 13. George Michali, of Lincoln, (a minor,) 
takes the name of George Hayden. 

December -4. Charlotte Louisa Hubbard, of Somcrville, 
(a minor,) takes the name of Ella Frances Gooding. 

December 18. Nathaniel Palmer, of Charlestown, takes 
the name of Nathaniel Palmer Leach ; and his wife, Eliza- 
beth P. Palmer, takes the name of Elizabeth Perkins Leach. 

Decreed by S. P. P. Fay, Judge of Probate for the County 
of Middlesex. 



WORCESTER, 

April o, 1855. Sylvanus N. Day, and SophroniaH. Day, 
liis wife, of Millbury, adopt Frances Everline Livermorc, and 
said Frances takes the name of Frances Everline Day. 

May 1. Caleb Warren Dalrymple, of Shrewsbury, takes 
the name of Caleb Warren, 

May 8. Ezra liatcheller, 2d, of North Brookfield, takes 
the name of Ezra Daniel Batchcller. 

June 5. Sumner Haynes, and Abigail Haynes, his wife, 
of Leominster, adopt Edward Perkins, and said Edward 
takes the name of Edward Chalmers Haynes. 



252 1856. — Cha?^ge of Names. 

July 3. Eleazer Wheelock, and Mary W. Wheelock, his 
wife, of Worcester, adopt Charles Marvin Cleveland, and 
said Charles takes the name of Charles Cleveland Wheelock. 
Edward Alonzo Howe, of Barre, takes the name of Alonzo 
Edward Gibson. 

August 7. John Chamberlain, and Mehitable Chamber- 
lain, his wife, of Southborough, adopt Mary Ann Delon, 
and said Mary Ann takes the name of Laura Mehitable 
Chamberlain. 

Decreed by Thomas Kinnicutt, Judge of Probate for the 
County of Worcester. 

HAMPSHIRE. 

April 3, 1855. Patrick Falvey, of Hadley, takes the name 
of Henry S. Falvey. 

May 1. Epaphroditus C. Hubbard, and Sophia E. Hub- 
bard, his wife, of Williamsburg, adopt Emma Cordelia Snow, 
(a minor,) about two years old, daughter of Alanson Snow, of 
Williamsburg, and said Emma takes the name of Emma 
Cordelia Hubbard. 

July 3. John W. Temple, and Abigail Temple, his wife, 
of Northampton, adopt George Edgar Stowell, (a minor,) 
about four years old, son of Moses S. Stowell, of Amherst, 
and said George takes the name of George Stowell Temple. 

August 7. Susan E. Cook, of Pelham, takes the name of 
Susan E. Babbit. 

September 4. Joseph F. Tower, and Clarissa H. Tower, 
his wife, of Northampton, adopt Eliza Maria Gorman, (a 
minor,) about five years old, daughter of Eliza Gorman, of 
Northampton, and said Eliza takes the name of Eliza Maria 
Tower. 

Decreed by Ithamar Conkey, Judge of Probate for the 
County of Hampshire. 

HAMPDEN. 

January, 1855. James Rodolphus Hoar, of Monson, takes 
the name of James Rodolphus Homer. 

February. Abner Post Langdon, of Westfield, takes the 
name of Abner Post. 

March. Elmira Ann Bond, takes the name of Almira 
Ann Dean. 

June. Joseph W. Boot, late of Warren, R. I., (an infant,) 
takes the name of Joseph W. Wright. 



1856. — Change of Names. 253, 

August. Jeiiiiette Marsh, of Springfield, takes the name 
of Jennette Gilmore. Eliza Ann Goodell, of Springfield, 
takes the name of Mary Ella Street. 

November. Phineas Clark, of Chicopee, takes the name 
of Charles Henry Smith. 

Decreed by Oliver B. Morris, Judge of Probate for the 
County of Hampden. 

FRANKLIN. 

February 13, 1855. Charles D. Deth, of Erving, takes 
the name of Charles D. Gilmore. 

December 18. Sumner Lincoln, of Rowe, takes the name 
of Increase Sumner Lincoln. 

Decreed by Franklin Ripley, Judge of Probate for the 
County of Franklin. 



BERKSHIRE. 

June 5, 1856. Frederick C. Shumway, takes the name 
of Frederick Shumway Ford. 

Decreed by Daniel N. Dewey, Judge of Probate for the 
County of Berkshire. 



NORFOLK. 

January 6, 1855. Ella Medora French, of Quincy, (a 
minor,) takes the name of Ella Medora French Parker. 

April 14. Alonzo Howard, of Brookline, (a minor,) takes 
the name of Alonzo Potter Howard. 

May 3. Mary A. Westcott, of West Roxbury, (a minor,) 
takes the name of Mary A. Dascomb. Annette W. Wyman, 
of Wrentham, (a minor,) takes the name of Annette W. 
Cobb. 

May 26. Ella' Josephine Dowe, of Quincy, (a minor,) 
takes the name of Ella Josephine Watson. 

July 1. Lewis G. Seaver, of Dedham, (a minor,) takes 
the name of Lewis Seaver Dixon. 

October 13. Alice Clayton Stoddard, of Hull, (a minor,) 
takes the name of Alice Clayton Baker. 

November 17. Charles Everett Chase, of Foxborough, 
(a minor,) takes the name of Charles Everett Martin. 



254 1856. — Change of Names. 

December 8. Emeliiie Gowell, of Weymouth, (a minor,) 
takes the name of Emeline Gurney. 

Decreed by W. S. Leland, Judge of Probate for the 
County of Norfolk. 

BEISTOL. 

January 5, 1855. Michael Mulliken, of New Bedford, 
takes the name of Thomas Edward Mulliken White. 

Decreed by Oliver Prescott, Judge of Probate for the 
County of Bristol. 

PLYMOUTH. 

February 27, 1855. Jesse Cahoon and Sarah Cahoon, of 
Wareham, adopt Betsey Maria Pittsley, (a minor,) and said 
Betsey takes the name of Betsey Maria Cahoon. 

June 5. John Dubbs, of Hingham, takes the name of 
John Deering. Jared Bracket and Abby A. Bracket, of 
Marshfield, adopt Grace Lawrence, (a minor,) and said 
Grace takes the name of Abby Grace Bracket. 

July 3. Thacher Perry and Almira Perry, of Pembroke, 
adopt Lemira Jenness Morrow, (a minor,) and said Lemira 
takes the name of Mary Jenness Perry. 

August 28. George A. Sawyer and Elizabeth W. Saw- 
yer, of Taunton, adopt Henrietta Lewis, (a minor,) and said 
Henrietta takes the name of Annette Webster Sawyer. 

September 24. Peleg Sprague Ellison, (a minor,) of 
Duxbury, takes the name of William Peleg Ellison. 

Decreed by Aaron Hobart, Judge of Probate for the 
County of Plymouth. 

BARNSTABLE. 

March 13, 1855. Julia Maria Gervassio, of Barnstable, 
takes the name of Julia Maria Gervassio Cakes. Mary 
Augusta Crocker, of Brewster, takes the name of Martha 
Ann Crocker. Elizabeth Nealus, of Dennis, takes the name 
of Elizabeth Rogers. James M. Bacon and wife, of Barn- 
stable, adopt Inis W. Bearse, (a minor,) and said Inis takes the 
name of Inis W. Bacon. Torlston Fuller and wife, of Barn- 
stable, adopt Prince Albert Hinckley, (a minor,) and he 
takes the name of Prince Albert Fuller. 



1856. — Change of Names. 255 

June 19. Samuel Hallett and wife, of Barnstable, adopt 
Sophia Wilson Hinckley, (a minor,) and said Sophia takes 
the name of Sophia Wilson Hallett. Leonard Bobbins and 
wife, of Harwich, adopt William R. Yredenburgh, (a minor,) 
and said William takes the name of William R. Robbins. 

July 17. James Stiff and wife, of Barnstable, adopt Mar- 
garet Lyons, (a minor,) and said Margaret takes the name 
of Ellanora Stiff. 

September 11. Gorham Brackett, of Yarmouth, takes the 
name of Gorham Brackett Knowles. Joshua Sears and 
wife, of Dennis, adopt Catharine Martin, (a minor,) and said 
Catharine takes the name of Louisa Maria Sears. 

Decreed by George Marston, Judge of Probate for the 
County of Barnstable. 



NANTUCKET. 

October 6, 1855. Sarah Briggs takes the name of Sarah 
H. Briggs. 

November 15. Franklin B. Chase, (a minor,) takes the 
name of Benjamin Franklin Chase. 

Decreed by Samuel Mitchell, Judge of Probate for the 
County of Nantucket. 

No application for change of name, under this act, has 
ever been made to the Judge of Probate for the County of 
Dukes County. 



RESOLVES, 

GENERAL AND SPECIAL 



Resolve in favor of Henry A. Marsh. Chttt), 1. 

Resolved, That there be allowed and paid, out of the *3o to acting 
treasury of the Commonwealth, to Henry A. Marsh, the sum organizaS" 
of thirty dollars, in full payment for his services as acting °^^^^'''^''"'''' 
clerk of the house of representatives, during the organiza- 
tion thereof, at the commencement of the present session ; 
and that a warrant be drawn accordingly. [^Approved by 
the Governor, January 15, 1856.] 



Resolve for the pay of the Legislature and its Officers, monthly. Chttt). 2. 

Resolved, That there be paid, out of the treasury of the Monthly pay of 
Commonwealth, to each member of the legislature, at the ""^^ "* 
end of every month, during its session, the sum of seventy- 
five dollars : provided, it shall appear by the certificate of 
the clerk of cither house that the pay of the member for the 
month, at three dollars per day, amounts to that sum ; and 
each member shall submit to the clerk, in writing, a state- 
ment of the number of days he has been in attendance dur- 
ing the month. Also, that there be paid to the clerks, 
messengers, door-keepers and pages of the two houses, a 
proportionate sum, upon producing the proper certificate ; 
and his excellency the governor is authorized to draw his 
warrant on the treasury, for a sum not exceeding one hun- 
dred and forty thousand dollars, for the purpose herein 
before specified. \^Approved by the Governor, Jammry 26, 
1856.] 

33 



258 



1856.— Chapters 3, 4, 5. 



Treasurer may- 
borrow neces- 
sary sums, not 
exceeding 

$300,000. 



Chcip. 3. Resolve authorizing the Treasurer to borrow Money in anticipation of the 

Revenue. 

Resolved, That the treasurer of this Commonwealth be, 
and he hereby is, authorized, until otherwise directed by 
the legislature, to borrow, in anticipation of the revenue, 
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 financial year ; and that he shall 
repay any sum which he shall borrow, as soon as money 
sufficient for the purpose, and not otherwise appropriated, 
shall be received into the treasury : j^rovided, however, that 
the whole amount borrowed by authority hereof, and 
„ remaining unpaid, shall not, at any time, exceed the sum of 
three hundred thousand dollars. \_Approved hij tlie Gov- 
ernor, February 4, 1856.] 

Chttp. 4. Resolve in favor of the Worcester South Agricultural Society. 

Same allowance Resolved, Tliat thcrc bc paid, from the treasury of the 
blen lawftiuy '^ Commonwcalth, to the Worcester South Agricultural Society, 
made. sucli sum of moucy, as they would have been entitled to re- 

ceive, in the year one thousand eight hundred and fifty-five, 
had their returns been made in conformity to law. [Ap- 
proved by the Governor, February 9, 1856.] 



Chap. 5. 

Washington's 
birthday. 



Legislature to 
meet in conven- 
tion. 



'•Farewell Ad- 
dress " to be 
read. 



Invitation to 
governor, &c. 



Resolves relative to the observance of the Birthday of Washington. 

Whereas, It is essential to the union, peace and prosper- 
ity of our common country, that there should be a constant 
recurrence to the principles which lie at the foundation of a 
republican government, and to that end, that the parting 
advice of Washington, at the close of his public life, should 
be ever held in sacred remembrance ; therefore. 

Resolved, That the two branches of the general court, 
will meet in convention, at twelve o'clock, meridian, on the 
twenty-second day of February, to commemorate the one 
hundred and twenty-fourth anniversary of the birthday of 
Washington. 

Resolved, That the " Farewell Address " to the people of 
the United States, published on the fifteenth of September, 
one thousand seven hundred and ninety-six, be read by the 
president of the convention.. 

Resolved, That his excellency the governor, his honor the 
lieutenant-governor, the members of the executive council, 
the chaplains of the two branches, and the officers of the 
various departments of State, be invited to be present on 
that occasion, and unite in paying so just a tribute to the 
memory of George AVashington. 



1856.— Chapters 6, 7, 8. 259 

Resolved, That his excellency the commander-in-chief be National salute, 
requested to order a national salute, at twelve o'clock, noon, 
on that day. \^Approvcd by the Governor, Febrnanj 20, 
1856.] 

Resolve in favor of the Astor Library. Ckcip. 6. 

Resolved, That the secretary of the Commonwealth cause Books and docu- 
to be transmitted to the trustees of the Astor Library, mittea to Astor 
located in the city of New York, for the use of said library, ^''"'^'"^' 
one copy of each of the first five printed volumes of the 
general court records of Massachusetts, one copy each of 
the printed volumes of the records of the Colony of New 
Plymouth, and, as far as may be at the disposal of the sec- 
retary, a complete set of the general laws and resolves of 
the State, the reports of the boards of education and agri- 
culture, and of scientific, charitable and reformatory com- 
missions, and of the annual bound documents. l_Approved 
by the Governor, February 26, 1856,] 

Resolve relating to the Massachusetts Convention of 1788. Chap. 7. 

Resolved, That the report of the proceedings of the Proceedings of 
Massachusetts Convention, of the year one thousand seven irsstobeprint- 
hundred and eighty-eight, be reprinted, under the direction ^'^' 
of the committee on the library ; that the same number be 
printed as of ordinary legislative documents ; and that one 
copy be furnished to each meml3er of the executive and 
legislative departments of the government for the present 
political year. {^Approved by the Governor, March 5, 1856.] 

Resolve on the Petition of John L. Priest and others, CJuiY), 8. 

Resolved, For reasons set forth in said petition, that John Authorized to 
W. Hall, one of the persons named therein, adnainistrator 
of the goods and estate of John F. Priest, with the will 
annexed, be, and he is hereby, authorized to sell at public 
auction or private sale, and on such terms and conditions as 
he may think proper, the premises mentioned or referred to 
in said j)ctition, being the parcel of land bounded north- 
easterly on Winter Street, in the city of Bottou, in the 
county of Suflfolk, the same premises which were con- 
veyed to said .John F. Priest by Patrick T. Jackson, by deed 
bearing date the fourteentli day of June, in the year eight- 
een hundred and thirty-one, recorded in the registry of 
deeds for said county of Suffolk, lib. three hundred fifty- 
three, fol. one hundred seventeen, — of which estate said 
John F. Priest died seized, — and upon any such sale of 
real estate, to make, acknowledge find deliver a good and. 



sell certain real 

estate. 



260 1856.— Chapters 9, 10. 

sufficient deed or deeds, for conveyance thereof to the pur- 
chaser or purchasers, his or tlieir heirs and assigns, in fee 
Proviso. simple : provided, however, that said Hall shall first give 

bond to the judge of probate for said county of Suffolk for 
the time being, in such sum and with such surety or sure- 
ties as he shall approve, conditioned faithfully to hold, 
account for, pay over and divide the net proceeds of such 
sale to and among the persons who are, or may be legally 
entitled thereto, under the last will and testament of said 
John F. Priest, and in the proportions which may belong to 
them respectively, under the provisions of said last will and 
testament. \_Approved by the Governor, March 10, 1856.] 



LJiap. .). Resolve relating to the Massachusetts Records. 

diuse°tls°itecOT^ds Resolved, That the secretary of the Commonwealth be 
to be printed. ' autliorized to coutract with William White, the present State 
printer, for the publication of an edition of the Massachu- 
setts Records, to be printed from the stereotype plates 
belonging to the Commonwealth, and to be offered for sale 
ProTiso. iq i\^Q public, at a reasonable price : provided, that said 

William White will agree to supply members of the legisla- 
ture desiring copies, at the cost of printing ; and no charge 
shall be made by the Commonwealth, for the use of the 
plates, if they are returned without damage or injury : and 
the printing and publication shall be executed Avithout cost 
to the Commonwealth. [^Approved by the Governor, March 
15, 1856.] 

Chan, 10. I^esolve in favor of the Widow of John V. Low, late Assistant-Messenger to 
^ the Governor and Council, deceased. 

Pay to widow of Whsrctts, By a resolve of the legislature of the year one 
thousand eight hundred and fifty-five, chapter sixteen, John 
V. Low, formerly an assistant-messenger to the governor and 
council, for a period of forty-two years, was entitled to re- 
ceive, from the treasury of the Commonwealth, the same pay 
per diem, during said session, which he would have received 
had he been able to fulfil his duty as said assistant-messen- 
ger, he havffig been confined to his house by pulmonary con- 
sumption, said resolve entitling him to receive such pay for 
the " present year," to be paid at discretion of the governor 
and council ; and that not having drawn the whole amount 
during said term, a balance still remains unpaid ; therefore^ 
Resolved, That there be paid from the treasury of the 
Commonwealth, to Mrs. L. Low, widow of said Low, now 
deceased, the balance that should have been paid during the 
year one thousand eight hundred and fifty-five, upon said 



1856.— Chapters 11, 12, 13. 261 

resolve, she giving her receipt for the same. [^Approved by 
the Governor, March 17, 1856.] 

Resolves on the Petition of the Selectmen of Marsh pee. C/lOp. 1 1 . 

Resolved, That there be appropriated and paid, from the jpsso „djitionai 
treasury of the Commonwealth, the sum of three li^indred [°^J;'p,|'^''q'J;=. 
and fifty dollars, in addition to five hundred dollars granted 
by the legislature of the year one thousand eight hundred 
and fifty-five, for the purpose of repairing the meeting-house 
at Marshpee, the said sum to be expended under the same 
conditions and restrictions as the previous aforesaid grant. 

Resolved, That there be also appropriated and paid, from $200 for repairing 
the treasury of the Commonwealth, the sum of two hundred ""'"""'"'^""'''^ 
dollars, for the proprietors aforesaid, to make up a deficit in 
the repairs and enlargement of two school-houses in said 
district of Marshpee, the said sum to be expended under the 
conditions and restrictions aforesaid. \_App)'oved by the 
Governor, March 21, 1856.] 

Resolve relative to the enlargement of the State House. Chap. 1 2. 

Resolved, That his excellency the governor, with the »564.89foren- 
advice of the council, be authorized to draw his warrant sTate°iiouse.°^ 
upon the treasury, to an amount not exceeding the sum of 
five hundred and sixty-four dollars and eighty-nine one-hun- 
dredths, for the payment of such bills as have been incurred 
and are now outstanding, on account of the enlargement of 
the State House, after the same shall have been audited by 
the auditor of the Commonwealth. [Approved by the 
Governor, March 21, 1856.] 



Resolves on the Petition of Jared Benson and others. Chcw. 13. 

Resolved, For reasons set forth in said petition, that C a- caieb Thayer au- 
leb Thayer, one of said petitioners be, and he hereby is, an°d"'convey cer- 
authorized to sell the personal property and outlands of the ^3^°^^^^^°°^^'^'"^ 
late Jared Benson, mentioned in said petition, and convey the 
same, by proper deed or deeds, and invest and hold the 
proceeds thereof for the use and benefit of the devisees and 
legatees, named in the will of said Jared, in the same man- 
ner as the property itself would be holden under the pro- 
visions of said will ; said sales to be made in the same saies, how made. 
manner as is provided by law, for sales by administrators by 
license of court. 

Resolved, That the judge of probate for the county of commissioners to 
Worcester, be authorized to appoint three commissioners, to &::'^'''°'"''*'''^' 
make partition of the homestead of said Jared Benson, 
deceased, among the devisees thereof for life, and that the 



262 1856.— Chapters 14, 15, 16, 17. 

share which shall be set to said devisees for life, respectively, 
shall, at their respective deaths, go to and become the sole 
property of such person or persons, as, by the terms of said 
will, would be entitled to the undivided share of such de- 
visee for life at his decease. And said commissioners shall 
execute and return said commission in the same manner as 
is provided for the settlement and partition of intestate 
estates. l_Approved hy the Governor^ March 21, 1856.] 



Chap. 1 4. Resolve on the Petition of the Overseers of the Poor of the Town of Newbury. 

f 51 to treasurer Rcsolvecl, For thc rcasous sct forth in said petition, that 
ew urj. i\^Qj.Q JQQ allowed and paid, out of the treasury of the Com- 
monwealth, to the treasurer of the town of Newbury, the 
sum of fifty-one dollars, -and that the governor be requested 
to draw his warrant therefor. [^Approved by the Governor, 
March 21, 1856.] 

Chop. 15. E.Eso£vE on the Petition of James W. Richardson. 

$300 to James w. Resolvcd, For reasons set forth in said petition, that there 
be allowed and paid, out of the treasury of the Common- 
wealth, to James W. Richardson, the sum of three hundred 
dollars, and that the governor be authorized to draw his 
warrant accordingly. \_Approved hy the Governor, March 
31, 1856.] 



Chop. 16. Resolve concerning the Quartermaster- General's Department. 

$4,550 for ex- Resolvcd, That the sum of four thousand five hundred 

payment. *^' and fifty dollars be, and the same is hereby, appropriated to 
defray the expenses of the quartermaster-general's depart- 
ment for the current year, and that warrants be drawn 
accordingly. [Approved by the Governor, April 3, 1856.] 

Chnp, 1 7. Resolve concerning the Journals and Papers of the House of Representatives. 

$3,000 for index- Resolvcd, That the clerk of this house cause to be com- 
papers."™'*''*^ plctcd, uudcr liis supervision, at an expense not exceeding 
three thousand dollars, the general index of the journals of 
the house of representatives, up to the close of the present 
session ; and also to prepare a catalogue of the papers on 
file in the house, and make an index to the same, similar to 
the indexes and catalogues of the senate, and that the gov- 
ernor be authorized to draw his warrants for the payment of 
the expenses of the same accordingly. [Approved by the 
Governor, April 5, 1856.] 



1856.— Chapters 18, 19, 20, 21. 263 

Resolve on the Petition of the Society of the Cincinnati of Massachusetts. Chap. 18. 

Resolved, That the secretary of the Commonwealth be, Books to be kept 
and he hereby is, authorized to receive from the Society of cimmMweTth°^ 
the Cincinnati of Massachusetts, such books and documents 
as they may place in his charge, — and to keep the same 
with the archives of the Commonwealth, subject always to 
the order and control of the said society. \_Approved by the 
Governor, April 5, 1856.] 

Resolve in favor of the ToM'n of Wilmington. Chcip. 19. 

Resolved, That there be allowed and paid, out of the S3o.24a9propor- 
school fund of this Commonwealth, to the treasurer of the fund. 
town of Wilmington, the sum of thirty dollars and twenty- 
four cents, being the amount of that town's proportion of 
the school fund for the year one thousand eight hundred 
and fifty-five, less ten per cent. ; and that the governor be 
authorized to draw his warrant accordingly. [^Approved by 
the Governor, April 5, 1856.] 

Resolve in favor of the Herring Pond Indians. Ohcip. 20. 

Resolved, That, for reasons set forth in the petition, there S60 annually, for 
be allowed and paid, out of tlie school fund of this Common- port^of schoor^" 
wealth, to the treasurer of the Herring Pond Indians, the 
sum of sixty dollars annually, for the term of five succes- 
sive years, to aid in the support of the school among the 
Herring Pond Indians ; and that a warrant be drawn there- 
for, from time to time, accordingly. And it shall be the 
duty of the treasurer aforesaid, in each year, to make a 
return of the condition of the school, and of the moneys 
expended therein, in the form prescribed in tlie act providing 
for the distribution of the income of the Massachusetts 
School Fund. \^Approved by the Governor, April 7, 1856.] 

Resolve in favor of the Town of Berlin. Chci}). 2 1 . 

Resolved, That there be allowed and paid, out of the $40.38a.qpropor- 
school fund of this Commonwealth, to the treasurer of the fun'd. ° 
town of Berlin, the sum of forty dollars and thirty-eight 
cents, being the amount due said town as their proportion 
of the school fund for the year one thousand eight hundred 
and fifty-five, less ten per cent..; and that the governor be 
authorized to draw his warrant therefor accordingly. \^Ap- 
proved by the Governor, April 7, 1856.] 



264 1856.— Chapters 22, 23, 24. 

Chcip. 22. Hesolves relative to a Scientific Survey of Boston Harbor. 

Relative to sur- W/iereas, TliG absolute necessity of goo-d harbors for a 
nlrbor. °^'°" commercial nation to sustain its foreign and coasting trade, 
and to provide for the uses of its navy, makes it of the first 
importance that no eftbrt should he spared to protect, pre- 
serve and improve the harbors upon our coast ; and whereas, 
the great facilities of the harbor of Boston, for these several 
purposes, renders it imperative that every measure should 
be adopted to perpetuate and improve these advantages, and 
that nothing should be done which would impair its present 
condition for usefulness ; therefore. 
Congress request- Resolved, That the congress of the United States be 
Tey, &c. respectfully requested to direct a scientific survey to be 

made of the harbor of Boston, by a competent board of 
engineers, with authority to said board to proceed at once in 
the execution of that duty, with full poAvers to receive evi- 
dence, and to make all needful inquiries to enable them to 
present in their report well defined views of the character 
and condition of the harbor, and the means of preserving 
and improving the same, which can be made a reliable basis 
for all future legislative action with reference to structures 
that may, at anytime hereafter, be projected about its shores 
or estuaries. 
Transmission of ResolvscL That liis cxcellcncy thc governor be requested 

resolves. . ' n -i n • i i i i • 

to transmit a copy oi the loregonig preamble and resolution, 
to the senators and representatives of Massachusetts in the 
national congress, with a request to them to use all honora- 
ble means to secure the legislation therein recommended. 
\_Approved by the Governor, April 8, 1856.] 



Chdp. 23. Resolve in addition to the Resolve relating to the Massachusetts Convention 

of 1788. 

uXuts &c''°o"- Resolved, That in the rcpjint of the report of the pro- 
1788. ' ' ceedings of the Massachusetts Convention, of one thousand 
seven hundred and eighty-eight, there shall be inckided the 
official journal of the convention, now in the archives of the 
State ; and such other documents relating to the subject, as, 
in the opinion of the committee on the library, may be nec- 
essary. \_Ap2Jroved by the Governor, April 8, 1856.] 

Chaj). 24. Resolve in favor of the Town of Belchertown. 

porfiol^rschooi Resolved, That there be allowed and paid, out of the 
fund. school fund of this Commonwealth, to the treasurer of the 

town of Belchertown, the sum of one hundred and twenty- 
eight dollars and ninety-two cents, being the amount due 
said town, as their proportion of the school fund for the year 



1856.— Chapters 25, 26, 27, 28. 265 

eighteen hundred and fifty-five ; and that a warrant he drawn 
therefor accordingly. [Approved by the Governor, April 8, 
1856.] 

Resolve on the Petition of Charles Scudder. Cy/lClJ). 2o. 

Resolved, For reasons set forth in said petition, that the Release o^r^tuje. 
Commonwealth hereby releases to Charles Scudder, of Bos- estatein Boston. 
ton ; Charles A. Cate, and Jane E. A. Cate, of Castine, in 
the State of Maine ; Mary Ann Walker, wife of James B. R. 
Walker, of Holyoke, and Lucy M. Perkins, wife of Charles 
E. Perkins, of Hartford, in the State of Connecticut, all its 
right, title and interest acquired by escheat or otherwise, in 
estate numbered sixty-seven, on Bedford Street, in the city 
of Boston, as described in the deed of Drury M. Marshall 
and Francis A. Sawyer, to Thomas Adams, recorded with 
Suffolk deeds, book four hundred and thirty-four, page forty- 
six. [Approved by the Gover)ior, April 8, 1856.] 

Resolve in favor of the State Reform School for Girls. Chop. 26. 

Resolved, That there be allowed and paid, out of the $5,000 for fumi- 

n 1 /-^ 11 • • 1 ture, &c. 

treasury 01 the Commonwealth, to the commissioners under 
the resolves of April twelfth, eighteen hundred and fifty-four, 
the sum of five thousand dollars, for the purpose of procur- 
ing necessary furniture for the buildings provided for said 
school, at Lancaster, and preparing the same for the recep- 
tion of girls ; and that the governor be authorized to draw 
his warrant therefor accordingly. [Approved by the Gov- 
ernor, April 14, 1856.] 

Resolve in relation to the State Library. L'tlCip, 21 . 

Resolved, That the new librar\'-room in the State House ssooo to trustees 

•IT 1 r> T n ^ T • o ^ of State library. 

be lurnished and fitted lor use, under the direction oi the 
trustees of the State library, at an expense not exceeding 
three thousand dollars ; which sum shall be allowed and 
paid out of the treasury, to be expended under the direction 
of the said trustees, who are hereby authorized to apply to 
the purchase of books for the library, any balance which may 
remain after furnishing the room ; and his excellency the 
governor is authorized to draw his warrant accordingly. 
[Appj-oved by the Governor, April 15, 1856.] 

Resolve on the Petition of the Guardian of the Chappequiddic Indians and C/lOp. 28. 

others. 

Resolved, That for reasons set forth in said petition, there «io4 annually, 
be allowed and paid, out of the school fund of this Common- for sJpporT'of 
wealth, to the guardian of the Chappequiddic and Christian- schoou. 

34 



266 



1856.— Chapter ^9. 



town Indians, the snm of one hundred and four dollars 
annually, for the term of five successive years, to aid in the 
support of the schools among the said Indians, and that 
warrants be drawn therefor, from time to time, accordingly. 
\_Approved by the Governor, April 15, 1856.] 



Chap. 29. Resolve on the Petition of Edward Blake to sell Real Estate. 

Trustee author- Resolved, For tlic rcasoiis set forth in the petition of 
fain re°i estate Edward BlalvC, trustce, that he be, and he is, hereby author- 
ized and empowered to convey to John Wiley Edmands, of 
Newton, in the county of Middlesex, Esquire, his heirs and 
assigns, all that piece or parcel of land, with the buildings 
thereon, situated in Chardon Street, in Boston, in the county 
of Suffolk, particularly described in said petition, or to such 
other person or persons as may be entitled to a conveyance 
thereof, pursuant to the provisions of the lease of the prem- 
Proviso ises set fortli^ in said petition : provided, that payment 

therefor shall be made according to the provisions of said 
lease ; and that in case neither said Edmands, nor any one 
claiming under said lease, shall elect to purchase said prem- 
ises, that said Blake be authorized to sell the same at public 
or private sale for cash or on credit ; and that said Blake be 
authorized to convey said premises in fee simple, discharged 
from all trusts and liability for the a])plication of the pur- 
Further saie. chase money; and further, that said Blake be, and he is 
hereby, authorized to sell the land and the dwelling-houses 
thereon, situated in Seabury Place, in said Boston, particularly 
described in said petition, at public auction, for cash or on 
credit, and that said Blake be authorized to convey said 
premises in fee simple, discharged from all trusts and liabil- 
Proyiso. Hj for tlic application of the purchase money : provided, 

hovjever, that said Blake shall first give such bond with 
sureties to the judge of probate for the time being, of the 
county of Suffolk, as the said judge shall approve, with con- 
dition faithfully to pay and divide the net proceeds of the 
s;ale of said land in Chardon Street to and among the several 
persons entitled to the same under the trust indenture 
named in said petition ; and that the net proceeds of the 
sale of the said land and the dwelling-houses, situated in 
said Seabury Place, be kept on interest, and applied to the 
payment of the annuities under said indenture ; and that at 
the death of tlie annuitants, the fund shall be distributed 
among the several persons who may be entitled to the same 
under said indenture. [Approved by the Governor, April 
17, 1856.] 



1856.— Chapters 30, 31. 267 

Resolve on the Petition of Samuel Jennison, Jr., Guardian. Chcip. 30. 

Resolved, For reasons set forth in the said petition, that Guarcuan author- 
the power and authority conferred upon said guardian by tuil*&c^!ofjohn 
virtue of the resolves of the leo'islature of said Common- |'?'\J''^°^ ''^• 

, V <> -»r • T Richardson. 

wealth, passed on the seventh day or May, m tlie year one 
thousand eight hundred and fifty-oiie, and on tlie twelftli 
day of April, in the year one thousand eight hundred and 
fifty-three, be so extended, that the said Jennison be, and he 
is hereby, authorized and empowered to sell and convey the 
right, title, interest and estate of John and Frank T. Rich- 
ardson, named in said resolves, or of either of them, in and 
to any part of the lands in said resolves described, in as full 
and ample a manner as the said guardian has ])een hereto- 
fore authorized thereby: provided, hoivever, that said guar- Bond to judge of 
dian shall first give bond to the judge of probate for the p™''**^- 
county of Middlesex, Avith good and sufficient surety or 
sureties, to be approved by the said judge, with condition 
that the said guardian shall faithfully execute the power 
herein granted, and shall render to the said court an account, 
on oath, of the proceeds of all sales under this resolve, with- 
in one year from the times of such sales repectively, and at 
such other times as said judge of probate may direct, and 
shall apply and invest such proceeds, and account for and 
pay over the same when required, and accordhig to law, and 
discharge his trust in relation to the premises faithfully, for 
the best interest of his said wards ; and provided, further, "^y^m to teimu 
that when the principal sums derived from such sales of the KichaTdl'^oB."'^" 
interest and estate of the said John Richardson, shall amount 
(exclusive of interest accruing thereon) to the sum of five 
thousand dollars, over and above the sum limited by said 
previous resolves, then this power and authority, so far as 
relates to said estate of said John Richardson, shall te]-nii- 
nate ; and j^rot'/^e^, that when the principal sums derived ^^'^en to termi 
from such sales of the interest and estate of said Frank T. I'^Ridiardson" 
Richardson, shall amount (exclusive of interest accruing 
thereon) to the sum of ten thousand dollars, over and a'jove 
the sum limited by said previous resolves, then this power 
and authority, so far as relates to the estate of said Frank T. 
Richardson, shall terminate. [Approved by the Governor, 
April 19, 1856.] 

Resolve upon the Petition of William Sohier, Cyrus, and Hannah P. Mason. C/uu). 31. 

Resolved, For the reasons set forth in said petition, that Authorized to 
the power and authority given in chapter fourteenth of the toi^sofTanci. 
resolves passed in the year eighteen hundred and fifty-five, 
to William Sohier, of Boston, as trustee under the will of 



268 1856.— Chapters 32, 33. 

the late Edward Tuckerman, of Boston, to mortgage certain 
lands therein described, for the purposes therein mentioned, 
be, and the same is hereby, extended so as to authorize and 
empower the said Sohier, as such trustee, and his successors 
and successor in office for the aforesaid purposes, to mort- 
gage the said estate or estates, or either of them, for any 
sum not exceeding twenty-five thousand dollars in the 
whole, by a mortgage or mortgages, payable at any time or 
times that may be agreed on with any mortgagee or mort- 
gagees, and to cancel, modify and renew the mortgage or 
mortgages whenever he may think it expedient so to do ; 
but to reserve out of the income of said estates, over and 
above the interest of said mortgage and mortgages, two 
thousand dollars per annum, instead of one thousand dol- 
lars, as required in the aforesaid resolve, toward the payment 
of the principal sum. \_Approved by the Governor, April 
19, 1856.] 

Chap. 32. Resolve relative to Repairs and Furniture for the State House. 

i!5i7,i72.8o for re- RcsoU'cd, That his exccllcncy the governor, Avith the 
ture oT'stltr' advice and consent of the council, be authorized to draw his 
nouse. warrants upon the treasury, to an amount not exceeding the 

sum of seventeen thousand one hundred and seventy-two 
dollars and eighty cents, for the payment of such bills as 
have been incurred and are now outstanding, for repairs and 
furniture for the State House, under a joint order of both 
branches of the legislature, of the fourteenth day of Feb- 
ruary, in the year one thousand eight hundred and fifty-five, 
and chapters eighty-one and eighty-seven of the resolves of 
the year one thousand eight hundred and fifty-five, after the 
same shall have been audited ])y the auditor of the Com-_ 
monwealth. \_Approved by the Governor, April 25, 1856.] 

Chan. 33. Resolves conccrnirg the Annual Report of the Secretary of the Board of 

Agriculture. 

iuafre'^Tuo^be Rcsolvcd, That thc clerk of the senate, for the time being, 

printed. bc autliorizcd and directed to cause to be printed, annually, 

before the meeting of the legislature, or as soon thereafter 

as may bc, ten thousand copies of the Annual Report of the 

Secretary of the Board of Agriculture, and that he cause 

the same to be i>.umbered four of the senate documents. 

2,000 copies for ResoIvcd, That two thousand copies of said report be 

egisature, -c. pggQpyg(-| f^^. ^^q ^^gg ^f ^j^g legislature, and that the residue 

be placed at the disposal of the secretary of the board of 
agriculture. ^Approved by the Governor, April 30, 1856.] 



1856.— Chapters 34, 35, 36, 37. 269 

Resolve in favor of the Indians of Gay Head. Chdj). 34. 

Resolved, That there be allowed and paid, out of the school seo annually, for 

' i. ' _, fiTe years, for sup- 

fund of this Commonwealth, to Leavitt Ihaxtcr, JiiSq., ot r^rt of schools 

Edgartown, the sum of sixty dollars annually, for the term 

of five years, to be applied to the support of schools among 

the Indians of Gay Head : and the governor is authorized 

to draw his warrant therefor, from time to time, accordingly. 

lApproved by the Governor, April 30, 1856.] 

Resolve on the Petition of Charles Brigham. Chcin. 35. 

Resolved, That, for the reasons set forth in said petition, .S56.29 aiioived. 
there be allowed and paid, out of the treasury of the Com- 
monwealth, to Charles Brigham, the sum of fifty-six dollars 
and twenty-nine cents, and that the governor be authorized 
to draw his warrant accordingly. [^Approved by the Gov- 
ernor, April 30, 1856.] 

Resolve on the Petition of Lewis Aiken. Chcij). 36. 

Resolved, That, for the reasons set forth in said petition, seoo allowed. 
there be allowed and paid out of the treasury of the Com- 
monwealth, to Lewis Aiken, the sum of six hundred dol- 
lars ; and that the governor be authorized to draw his 
warrant accordingly. [Approved by the Governor, May 1, 
1866.] 

Resolve granting Taxes for the several Counties. UilCtp. o i . 

Resolved, That the sums placed against the names of tlie s^ms assessed. 
several counties in the following schedule be, and hereby 
are, granted as a tax for each county, respectively ; to be 
assessed, paid, collected and applied, according to law, 
namely : — 

Essex — Ninety-eight thousand four hundred dollars. 

Middlesex — Eighty-three thousand two hundred sixty-four 
dollars. 

Norfolk — Fifty-five thousand dollars. 

Bristol — Fifty thousand dollars. 

Plymouth — Twenty thousand dollars. 

Worcester — Seventy-five thousand dollars. 

Hampden — Thirty thousand five hundred dollars. 

Hampshire — Twenty thousand dollars. 

Berkshire — Twenty-two thousand dollars. 

Barnstable — Eight thousand five hundred and fifty dol- 
lars. 

Franklin — Eighteen thousand dollars. 

Dukes — Three thousand five hundred dollars. [Approved 
by the Governor, May 1, 1856,] 



270 1856.— Chapters 38, 39, 40. 

Chop. 38. Resolve in favor of the Town of Southbridge. 

$136.18 as pro- Resoluecl, That there be allowed and paid, out of the 
fnnd"'' ° ^^ °^ school fund of this Commonwealth, to the treasurer of the 
town of Southbridge, the sum of one hundred and thirty-six 
dollars and eighteen cents, being the amount due said town, 
as its proportion of the school fund for the year eighteen 
hundred and fifty-five, and that a warrant be drawn therefor 
accordingly. [Approved by the Governor, May 1, 1856.] 

Chcip. ,39. E-ESOLVES coucerning a Breakwater at Cape May. 

Senators and rep- Resolved, by tkc Semite and House of Representatives of 
ufgTappropri'- the Commomvealth of Massaehiisetts, That our senators and 
**'""■ representatives in congress be requested to use their utmost 

exertions to obtain, during the present or the next session 
of congress, an appropriation for the commencement of a 
breakwater harbor on Crow Shoal, in the Delaware Bay, 
near Cape May. 
Secretary to for- Resotiwd, Tluxt thc sccrctaiy of the Commonwealth be 
ward copies. clirccted to forward to each of our senators and representa- 
tives in congress, a copy of these resolves. 
Governor to com- Resolved, That tlic govcmor of this State be requested 
munica e ac ion, ^^ communicatc tlic actioii of this legislature to the gov- 
ernor of New Jersey. [^Approved by the Governor, May 1, 
1856.] 

Chcip. -40. Resolves concerning the Journals and Papers of the House of Representatives. 

Clerk to complete Resolved, That tlic clcrk of the house of representatives 
p'^rr cauiojne^ for the timc being, cause to be completed, under his super- 
*'■ vision, the general index of the journals of the house up to 

the close of the i)rescnt session, and also prepare a catalogue 
of the papers on file in the house, and make an index of the 
same similar to the indexes and catalogues of the senate ; 
the whole expense of the Avork hereby authorized to be done, 
not to exceed the sum of three thousand dollars ; and the 
governor is hereby authorized to draw his warrant, for the 
payment of the expenses already incurred in the work afore- 
said, under the resolve relating thereto, approved April 
fifth, eighteen hundred and fifty-six. And the governor is 
further authorized, as said work progresses, to draw his war- 
rant for paying the expenses of the same in monthly pay- 
ments. 
Repeal. Resolved, That the resolve concerning the journals and 

papers of the house of representatives, approved April fifth, 
eighteen hundred and fifty-six, be, and hereby is, repealed, 
[Approved by the Governor, May 3, 1856.] 



1856.— Chapter 41. 271 

Resolve in relation to the Estate of Nahum Capen. Chcip. 41. 

Whereas, By deed of mortgage, dated the tenth day of Relating to fore- 
February, eighteen hundred and forty-six, and recorded in mor"aged'eTtllL° 
the registry of deeds for the county of Norfolk, lib. one 
hundred and sixty-two, fol. sixty-nine, one Nahum Capen 
conveyed to Joseph Barrett, the then treasurer and receiver- 
general of this Commonwealth, a certain tract and parcel of 
land situate in Dorchester, in said county of Norfolk, as by 
reference to said deed of mortgage will fully appear ; said 
deed of mortgage having been given to secure the payment 
of the principal and interest of the two promissory notes 
and debt therein described ; and iv/iereas, the consideration 
mentioned in said deed is described as having been paid by 
said Barrett, " acting on behalf of the Western Railroad 
Loan Sinking Fund," while he, said Barrett, was, in point 
of fact, as it is believed, acting, in taking said mortgage, on 
behalf of the Western Railroad Slock Sinking Fund ; and 
whereas, subsequently to the time of taking said mortgage, 
an open and peaceable entry into and upon the premises 
described in said deed of mortgage, was made by Jacob H. 
Loud, treasurer and receiver-generalof said Commonwealth, 
for breach of the condition of said mortgage, and for the 
purpose of foreclosing the right of redemption ; and ivhere- 
as, doubts have arisen as to the proper and effectual method 
of assigning the real estate and premises conveyed by said 
deed of mortgage, said deed of mortgage itself, and the 
notes and debt thereby secured, together with the benefit 
and advantage of said entry for breach of condition ; there- 
fore, 

Resolved, If approved by the governor and council, that Treasurer au- 
on the receipt of tlic sum of money which shall be found to cutedeedofat 
be legally due on the notes secured by said deed of mort- '^'S"™"^^' ^''■ 
gage, Moses Tenney, Jr., the treasurer and receiver-general 
of this Commonwealth, or such other person as shall be the 
treasurer and receiver-general for the time being be, and he 
liereby is, fully authorized to assign, transfer and set over to 
any person or persons whomsoever, the real estate and prem- 
ises conveyed by said deed of mortgage, said deed of mort- 
gage itself, and the notes and debt thereby secured, together 
with the benefit and advantage of tlic said entry for breach 
of the condition of said mortgage, and for the purpose of 
foreclosing the riglit of redemption ; said assignment to be 
made subject to the right of any person or persons (if any 
such right there be) to redeem said real estate ; and said 
deed of assignment to be made and executed in the name 
of the Commonwealth, under its seal, and to ])e acknowl- 



272 1856.— Chapters 42, 43, 44, 45. 

edged as its deed, Ly said treasurer and receiver-general ; 
and said deed, when so executed and acknowledged, and 
when delivered, shall be amply sufficient to pass and convey 
every thing as aforesaid, intended to be assigned thereby. 
[^Approved by the Governor, Map 3, 1856.] 

ChciiJ. 42. K.ESOLYE concerning the pay of the Messengers and Pages of the two branches 
' of the Legislature. 

Messengers and Rcsolved, Tluxt tlic scrgeant-at-arms be authorized to 
"^^^ appoint such persons as messengers and pages to the two 

brandies of the legislature, during its sessions, as the pre- 
siding officers of the two houses shall, respectively, approve. 

Compensation. And thc pcrsous hcrctofore appointed to act as messengers 
and pages, during the present session, with the approval of 
said presiding officers, shall be paid in the same manner as 
the door-keepers are now paid under the existing laws. 
\_Approved bij the Governor, May 3, 1856.] 
. y ^ 

Chcip. 43. Resolve on the Petition of Henry Dennis, of Rockport. 

$34.47 aiiowea. Rcsolved, That, for reasons set fortli in the petition, there 
be allowed and paid, out of the treasury of the Common- 
wealth, to Henry Dennis, of Rockport, the sum of thirty-four 
dollars and forty-seven cents, and the governor is hereby 
authorized to draw his warrant accordingly. [^Approved by 
the Governor, May 5, 1856.] 

Chcip. 44. Resolve on the Petition of Sherburn F. Morey. 

$23.27 allowed. Rcsolved, That, for reasons set forth in said petition, there 
be allowed and paid out of the treasury of the Common- 
wealth, to Sherburn F. Morey, of Gloucester, the sum of 
twenty-three dollars and twenty-seven cents, and the gov- 
ernor is hereby authorized to draw his warrant accordingly, 
\_Ax)proved by the Governor, May 5, 1856.] 



Chap. 45. Resolve in favor of George Lane, a Constable of the Town of Gloucester. 

S3C allowed. ResoIvcd, That, for reasons set forth in the petition of 

George Lane, a constable of the town of Gloucester, there be 
allowed and paid, out of the treasury of the Commonwealth, 
to the said Lane, the sum of thirty-six dollars ; and that the 
governor be authorized to draw his warrant accordingly. 
[^Approved by the Governor, May 5, 1856.] 



1856.— Chapter 46. 273 

Rr30lvbs further to postpone the operation of chapter fifty-thvea of Resolves Cfldp. 46. 
of eighteen hundred and fifty-five. 

Resolved, That the operation of the resolve of the a-eneral operation of re- 
court, approved by the governor May lourth, eighteen hun- pnstpoaed. 
dred and fifty-five, entitled " Resolve declaring when certain 
lands in the State of Maine shall become forfeited to this 
Commonwealth," be furtlier suspended upon the following 
conditions : On the payment of one-third of the principal 
and interest due, on the notes given for any tract of land, 
and advertised by the land agent, pursuant to the require- 
ments of said resolve, to be made on or before the first day 
of January, in the year one thousand eight hundred and 
fifty-seven, the forfeiture of said land shall be postponed one 
year from the said first day of January ; and on payment of 
one-half of the principal and interest remaining due on said 
notes, on or before the first day of January, in the year one 
thousand eight hundred and fifty-eight, the forfeiture of said 
land shall again be postponed for one year; and on payment 
of the balance of principal and interest remaining due on 
said notes, the other conditions of the deed having been per- 
formed, the title of tiie purchaser under the deed shall 
become absolute. If any such payments shall fail to be 
made, in manner and at the times aforesaid, the land shall 
be declared forfeited, in manner provided in said resolve : 
provided, that if any timber shall be cut from any township provuo.' 
or tract of land, for which any of the afore described notes 
were given, the stumpage on the same shall be fully paid, 
and the amount endorsed on the notes given for the town- 
ships or tract from which it was so taken ; and if the stump- 
age is not so paid, then the township or tract, from which 
said lumber was so cut, sliall not be saved from forfeiture, 
but the same shall be forfeited in manner provided in said 
resolve. The time for the payment of stumpage shall be 
the first day of November in each year. 

Resolved, That if any part owner of any tract of land, or Part owners, pay. 
any mortgagee thereof, fails to pay his proportion of the prin- dfa, to''Ka- 
cipal and interest, to be paid, as by the foreo-oino- resolve ^'"''""'"^ */ p""" 

r^ r- T i- T • o O chasers, &c. 

provided, on the first day oi January, in the year of onr Lord 
one thousand eight hundred and fifty-seven, any other part 
owner, or mortgagee, who on that day pays his part of said 
principal and interest, may, on the second day of January, 
in the year one thousand eight hundred and fifty -seven, pay 
to the land agent the sum which was required to be paid on 
the first day of said January, by said delinqnent part owner: 
and the part owner, so paying, shall be considered the pur- 
chaser of the interest in the land forfeited by such delinquent 
35 



274 1856.— Chapters 47, 48. 

part owner, and shalUhave the right to complete the pay- 
ments for the "whole in the manner in tlie aforesaid resolve 
provided ; and having so done, shall be entitled to a deed of 
the interest in tlie land forfeited by said delinqnent part 
owner. No payment, made by any part owner, shall save 
from forfeiture any part of the lands, unless the same so left 
nnpaid by tlic delinquent part owner, is paid, and the land 
Two ormore part purchased ill the maimer before provided. If there are two 

owners may , ii-i ji- i c 

uuite, &c 01' more part owners, who desire to pay tiieir own shares oi 
such sums, and to unite in paying the shares of such delin- 
quent part owner, they may do so, and shall be entitled each 
to his proportion of tlie forfeited interest of sucli delinquent 
part owner, in proportion to their several interests. [Ap- 
proved hy the Governor^ May 5, 185G.] 

Chap. 47. Resolves relating to Woodworth's Planing Machine. 

Patent laws. W/irrecis, Wc bclicve tlic true object of our patent laws 

to be, protection^ to the inventor, and not the establisliment of 
a monopoly in the hands of speculators in patents, that may 
tax the industrial pursuits of the country, Avitliout render- 
ing an equivalent : and w/iereas, we believe the renewal a 
second time of the patent on Woodworth's Planing Machine, 
would be a violation of the spirit and design of our patent 
laws, and fix an unjust and oppressive tax on the mechanical 
pursuits of the country ; therefore. 

Relative to Wood- Resolve(L hij the Senate and House of Representatives of 
the Commoynvealth of Massachusetts, That our senators and 
representatives in congress be requested to use all honorable 
means in their power, to prevent the renewal of said patent, 
upon the application of William W. Woodworth, or any 
other person in his behalf. 

Traiismifsion of Resolved, That the governor of the Commonwealth be 
requested to forward copies of the foregoing preamble and 
resolution to our senators and representatives in congress. 
[Approved by the Governor, May 8, 1856.] 

Chap. 48. I^^^OLYE authorizing the Treasurer and Receiver- General to release and quit- 
^' ' claim to Enos Clark, Jr., certain Lands in Northampton. 

TrMFurertoquit- Resolved, Tluit for rcasoiis set forth in the petition of 
ini'X trEno" Enos Clai'k, Jr., the treasurer, and receiver-general is hereby 
ciurk, Jr. authorized to release and quitclaim to said Clark, his heirs 

and assigns, that portion of the real estate, situated in North- 
ampton, described in said petition, and wliich was erroneously 
embraced in the deed of said Clark to the commissioners 
acting in behalf of said Commonwealth, under the act passed 
May twenty-first, eighteen hundred and fifty-five, entitled 



worth's patent. 



1856.— Chapters 49, 50, 51, 52. 275 

" An Act to establish a Hospital for Insane in AVcstcrn Mas- 
sachusetts," which deed bears date the third day of Septem- 
ber, eighteen hundred and fifty -five. \_ Approved by the 
Governor, May 18, 1856.] 



Hesolve ill aid of the State Hoi^iiitals at Kainsford Island and Taunton. OIuip. 49. 

Resolved, That the sum of thirteen thousand dollars be, 5fi3,ooo to state 
and the same is, hereby appropriated, to be applied l)y the Ramsford^isianci 
inspectors of the State Hospitals at Rainsford Island and ='^^'^*""*°°- 
Taunton, in the following manner, to wit : — To the State 
Hospital at Rainsford Island, the sum of five thousand dol- 
lars, for the purposes of erecting an addition to the hospital 
for males, to build wood and coal sheds, for furniture and 
repairs, and for grading grounds around new hospital ; to 
the State Lunatic Hospital at Taunton, the sum of eight 
thousand dollars, for the purposes of ventilating, heating 
and repairs, and that the governor draw his warrants accord- 
ingly. [Approved by the Governor, May 13, 1856.] 

Resolvk on the Petition of William Grcenleaf, to pay over certain Trust iylKtp. 50. 

Funds. 

Resolved, For the reasons set forth in the petition of ?^^f ,«*"•■ '"^""^7- 

" -11 ized to pay funds. 

William Greenleaf, executor and trustee, that he is hereby &c. 
authorized and empowered to pay to the children of Austin 
Harrington, late of the county of Worcester, deceased, to 
each child, his or her just proportion of aijy and all funds, 
which he, the said William Greenleaf, holds, either as execu- 
tor or trustee of the estate of Lucretia Harrington, late of 
Worcester, deceased ; and the receipt of said children, upon 
such payment, shall bar eifectually, all claims of said children 
against the said William Greenleaf, arising, or growing out 
of any of the provisions in the last will of the said Lucretia 
Harrington. [^Approved by the Governor, May 13, 1856,] 

Resolve on the Petition of Alfred H. Porter. CJwp. 51. 

Resolved, For reasons set forth in the said petition, that ssoo to Alfred 11. 
there l)c allowed and paid, out of the treasury of the Com- 
monwealth, to Alfred II. Porter, the sum of three hundred 
dollars, and that the governor be authorized to draw his 
warrant therefor accordingly. [^Approved by the Governor, 
May 13, 1856.] 

Resolve on the Petition of Patrick Boise, to sett Real Estate. L/luip. 5 Z. 

Resolved, For the reasons set forth in the petition of A-iministrator 

.-_.' ,.. , ,, ii'i I authorized to 

Patrick J3oise, administrator, that he be, and he is, hereby conyeyrcaiea- 
authorized and empowered, to convey, in fee simple, either **'*" 



276 1856.— Chapters 53, 54, 55. 

by contract or at public auction, the real estate of which 
Jerusha Phelps, late of Westfield, in tlie county of Hamp- 
ProTiso. den, deceased, died seized and possessed of: provided, hoiv- 

ever, that said Boise shall first give such bond, with sureties, 
to the judge of probate of the county of Hampden, as the 
said judge shall approve, with condition to pay over the pro- 
ceeds of said sale to the legal heirs of tlie said Jerusha 
Phelps. \_Approved by the Governor, May 13, 1856.] 

Chop, Do. Resolve ou the Petition of Nathaniel Appleton and others, relative to the 

Salem Charitable Marine Society. 

Notice of meet- Resolvcd, For rcasous set forth in said petition, that said 
'"^ Nathaniel Appleton be, and he is hereby, authorized to call 

a meeting of the Salem Charitable Marine Society, by caus- 
ing a notice of the time, and place, and object of such meet- 
ing, to be published three weeks successively, in the Salem 
Gazette, a newspaper printed in the city of Salem, the last 
publication to be inserted one week at least, before the time 
Transfer of prop- of such meeting. Said society is hereby authorized to elect 
"*^' a receiver, and to empower him to withdraw all moneys 

standing to the credit of said society, in any bank, and to 
pay over the same to the Seamen's Widow and Orphan 
Association, and also to transfer to said Seamen's Widow 
and Orphan Association, all stocks standing in the name of 
the first named society, which property so paid over and 
transferred, shall be held by the last named association, 
upon the trusts contemplated in its act of incorporation. 
\_Approved by the Governor, May 13, 1856.] 

Chap. 54. Resolve on the Petition of Tewksbury and Caldwell. 

s892auowed. Rcsolved, For reasons set forth in said petition, that there 

be allowed and paid, out of the treasury of the Common- 
wealth, to Tewksbury and Caldwell, the sum of three 
hundred and ninety-two dollars, and that the governor be 
authorized to draw his warrant therefor accordingly. \^Ap- 
proved by the Governor, May 13, 1856.] 

ChciV. 55. Resolve in favor of the Town of Boxford. 

sf43.37 as pro- Resolved, That there be allowed and paid, out of the 
hi'nd°"°^"'^°°^ school fund of this Commonwealth, to the treasurer of the 
town of Boxford, the sum of forty-three dollars and thirty- 
seven cents, being the amount due said town, as its propor- 
tion of the school fund for the year eighteen hundred and 
fifty-five, less ten per cent., and that the governor be author- 
ized to draw his warrant therefor accordingly. \_Approved 
by the Governor, May 13, 1856.] 



1856.— Chapters 56, 57, 58, 59. 277 

Resolve in favor of the State Industrial School for Girls. Chttp. 56. 

Resolved, That the sum of eiglit thousand dollars be, and s8,ooo for sup- 
the same is hereby, appropriated, t:) be applied by the trustees ^^^^' 
of the State Industrial School for Girls, for the purpose of 
furnishing supplies for the support of the inmates of said 
institution, and that the governor draw his warrants accord- 
ingly. \^Approved by the Governor, May 16, I80G.] 

Resolve in favor of the State Almshouses. CilGp. 57. 

Resolved, That the sum of fifteen thousand and two hun- ^15,200 to state 
dred dollars be, and the same is hereby, appropriated to be TewLburyana 
applied by the inspectors of the several State Almshouses, in ^"'•^e^^-^^^'" 
the following manner, to wit : to the State Almsliouse at 
Tewksbury, the sum of five thousand dollars, for the pur- 
})oses of purchasing and erecting an engine and boiler, and for 
alterations and repairs of buildings ; to the State Almshouse 
at Bridgewater, the sum of three thousand seven hundred 
dollars, for the erection of barn, sheds, fencing, and painting- 
buildings ; to the State Almshouse at Monson, the sum of 
six thousand five hundred dollars, to pay debts contracted 
the past year, finish the third story of the building, and for 
repairs ; and that the governor draw his warrants accord- 
ingly. [^Approved by the Governor, May 16, 1856.] 

Resolve concerning the Artificial Propagation of Fish. Chcil). 58. 

Resolved, That his excellency the governor, with the Propagation of 
advice of the council, be authorized to appoint three com- ^^^' 
missioners, whose duty it shall be to ascertain and report, to 
the next general court, such facts respecting the artificial 
propagation of fish, as may tend to show the practicability 
and expediency of introducing the same into this Common- 
wealth, under the protection of law; and said commissioners 
shall keep an account of their actual expenses in executing 
this commission, to be duly audited and allowed by the 
governor and council, and paid by warrant upon the treas- 
ury, duly drawn for that purpose by the governor: provided, 
hovjever, that the amount does not exceed one thousand 
dollars. [^Approved by the Governor, May 16, 1856.] 

Resolve on the Petition of Clem Jenkins, for leave to inherit certain Real Estate. (Jlit^n. f) 9 

Resolved, For reasons set forth in said petition, that said xitie e»t-abiishea. 
Clem Jenkins be, and he is hereby, authorized to take, hold 
and dispose of the real estate mentioned and described in 
said petition, free and clear of any and all claim which this 
Commonwealth may have thereto, by reason of the death of 
James N. Johnson, without legal heirs. [^Approved by the 
Governor, May 19, 1856.] 



278 1856.— CHAriEKS 60, 61, 62. 

Chcip. 60. K-JESOLVES concerning the Attorney- General's Office 

M.ooo annually, Resolvecl, That there be allowed and paid to the attorney- 

for clerical aesist- i /» j^i /-^ i i.i j. j • 

auce. general oi tJie Commonwealth, a sum not exceeding one 

thousand dollars annually, for such clerical assistance as the 
business of his office may require. 

Repeal Resolvcd, That the twenty-fifth chapter of the resolves of 

the year one thousand eight hundred and fifty-five be, and 
hereby is, repealed. [^Approved by the Governor, May 21, 
1856.] 



Chcip. 61. Resolve on the Petition of James H. Patillo and others. 

3535.10 for witnefs Resolvcd, That, for reasons set forth in said petition, 
^^^^' there be allowed and paid, out of the treasury of the Cora- 

inonwealth, to George Lane, of Gloucester, the sum of 
thirty-five dollars and ten cents, as an allowance to the peti- 
tioners for witness fees and mileage, to wit: for George 
Lane, four dollars and twenty-eight cents ; for James H. 
Patillo, three' dollars and seventy-eight cents ; for J. J). 
Allen, four dollars and twenty-eight cents ; for S. F. Morey, 
five dollars and ninety cents ; for E. G. Friend, one dollar 
and fifty-eight cents; for David Allen, three dollars and 
twenty-four cents ; for James Roberts, two dollars and six- 
teen cents ; for Chester Mars, one dollar and eight cents ; 
for George Clarke, three dollars and twenty-four cents ; for 
Robert Rowc, three dollars and seventy-eight cents ; and 
for Henry Dennis, one dollar and seventy-eight cents ; and 
the governor is hereby authorized to draw his warrant 
accordingly. [^Approved by the Governor, May 21, 1856.] 

Ohnn 6'^ Resolve on the Petition of Jonathan W. Freeland, to sell Real Estate. 

Trustee author- Resolvcd, For the reasons set forth in the petition of Jon- 
relustat™""^ atliaii W. Frccland, trustee, that he be, and he is hereby, 
authorized and empowered to convey, either at private sale, 
or at public auction, the real estate described in his said 
petition ; and that the said Freeland be empowered to con- 
vey said premises, in fee simple, discharged from all trusts 
ProTieo ^^^^^ liability for the purchase money : provided, however, 

that said Freeland shall first give such bond, with sureties, 
to the judge of probate of the county of Hampden, as the 
said judge shall approve, with condition to make such dispo- 
sition of the proceeds of said sale as is contemplated and 
set forth in the last will and testament of William Freeland, 
late of West Springfield, in the county of Hampden, de- 
ceased. \^Approved by the Governor, May 21, 1856.] 



1856.— Chapters G3, 64, 65, 66. 279 

Hesolvk on the Petition of Edward J. Cushing. Chap. 63. 

Resolved, For the reasons set forth in said petition, that Release of utie to 
the Commonwealth hereby release to the parties in interest, Boston. ''''*'''" 
all right, title and claim acquired by escheat or otherwise, in 
or to Bedford Court, in the city of Boston, or to the prem- 
ises abutting thereon, in said petition described ; so that 
Edward J. Cushing may hold the westerly estate, and the 
legal representatives of Samuel Sanford may hold the easterly 
estate, on said court, in rear of land formerly of Thomas 
Adams, on Bedford Street, henceforth free and discharged 
therefrom. [^Approved by the Governor, May 24, 185G,] 

Resolve anthorizing the Treasurer to borrow Money in anticipation of tlie ClUip. 64. 

State Tax. 

Resolved, That the treasurer be authorized to borrow, in Treasurer may 

. . . ' ^ p ' borrow the sum 

anticipation of tlie State tax, such sums oi money as may of .«6oo,()oo. 
be necessary, from time to time, for the payment of any 
public debt which may fall due in the present year, and that 
he repay any sum he may borrow, as soon as money suffi- 
cient for the purpose, and not otherwise appropriated, shall be 
received into the treasury : provided, that the whole amount 
borrowed by virtue of this resolve and remaining unpaid, 
shall not at any time exceed the sum of six hundred thou- 
sand dollars. [^Approved by the Governor, May 28, 1856.] 

Resoltes in favor of the State Farm at Westborough. Chap, 65. 

Resolved, That the sum of three thousand dollars be, ^f-f^ appropn- 

', .TP .. ati-a for miprove- 

and the same is hereby, appropriated lor permanent improve- ments. 
ments, including those already begun, for testing the true 
value of fertilizers and the comparative profits of different 
animals ; for meeting the current expenses of the State 
farm at Westborough, and to enable the Board of Agricul- 
ture to execute properly the contract with the trustees of 
the State Reform School. But no part of said sum shall be 
expended in improvements which will require further appro- 
priations for their completion. 

Resolved, That the governor be, and he is hereby, autlior- 
ized to draw his warrant for the above sum, to remain in 
the treasury, subject to the drafts of the treasurer of the 
Board of Agriculture, as the exigencies of the farm may 
require. \_Approved by the Governor, May 28, 1856.] 

Resolte on the Petition of Abner F. Hopkins. Chap. GQ>. 

Resolved, For reasons set forth in the said petition, that s2ooaiiowoa. 
there be allowed and paid, out of the treasury of the Com- 
monwealth, to Abner F. Hopkins, the sum of two hundred 



280 1856.— Chapters 67, 68, 69. 

dollars, as a remuneration in full for damages receiyed, as 
set forth in his petition ; and the acceptance of this snm by 
the petitioner, shall be considered as his agreement to the 
provisions of this resolve ; and the governor is requested to 
draw his warrant accordingly. [^Approved by the Governor, 
May 28, 1856.] 



Ghop. 6 i. Resolves concerning the State Normal School-houses at Bridgewater, West- 
field, Framingham and Salem. 

iSpi^Toments RcsoIved, Tliat the sum of one hundred dollars be appro- 
at state normal ppiatcd to defray til 6 expense of making repairs on the State 

school-hous'es. *■ ^ ^ ^ t Vi-i ox 

normal school-house at JBridgewater. 

Resolved, That the sum of two thousand five hundred 
dollars be appropriated for repairs and improvements neces- 
sary to be made upon the State normal school-house at 
Westfield. 

Resolved, That the sum of two hundred and fifty dollars 
be appropriated to defray the expense of grading and orna- 
menting the groimds connected with, and putting blinds 
upon,tlie State normal school-house at Framingham. 

Resolved, That the sum of two thousand five hundred 
dollars be appropriated for grading and fencing the grounds 
connected with the State normal school-house at Salem, and 
furnishing apparatus and furniture for the same ; and that 
the several sums aforesaid be disbursed under the direction 
of the Board of Education. \^Approved by the Governor, 
May 28, 1856.] 

Chap. Q'^. Resolve in favor of the Boston Board of Trade. 

Documents to Resolvcd, That the secretary of the Commonwealth, the 

of Trade. clcrk of tlic scuatc and the clerk of the house of represen- 

tatives, be authorized to furnish to the Boston Board of Trade, 
full sets of all printed documents which have been pub- 
lished by the order of the different departments of the State 
government, so far as they may be able to do so from the 
documents now in their possession, and to furnish them 
complete sets of all public documents, year by year, in 
future, upon application of said board of trade. [Approved 
by the Governor, May 28, 1856.] 

Chap. 69. Resolve in favor of the Widow and Child of Nicholas Tillinghast, late Prin- 
cipal of the Normal School at Bridgevvater. 

|i,8io.82 allow- Resolved, That there be allowed and paid, out of the 
treasury of this Commonwealth, to Mrs. Ruby If. Tillinghast 
and William H. Tillinghast, the widow and child o£ Nicholas 
Tillinghast, late principal of tlio, normal school at Bridge- 



1856.— Chapters 70, 71, 72. 281 

water, the sum of eighteen hundred and ten dollars and 
eighty-two cents ; and tlie governor is hereby authorized to 
draw his warrant therefor accordingly. \_Approved bjj the 
Governor, May 28, 1856.] 

Resovle in favor of William Goday. G/lClJ). /O. 

Resolved, That there be allowed and paid, out of the **iiirm G'odV" 
treasury of the Commonwealth, to William Goday, of Rock- 
port, in the county of Essex, the sum of forty dollars a year 
during the remainder of his life, for injuries sustained by 
him while in the performance of military duty in the war of 
eighteen hundred and twelve ; the same to be paid in semi- 
annual instalments of twenty dollars each, the first of which 
to be allowed and paid on the passage of this resolve ; and 
warrants may be drawn accordingly. \_Approved by the 
Governor, May 28, 1856.] 

PtESOLVE in favor of the Gay Head Indians. Ohcip. 71. 

Resolved, That a sum not exceeding two hundred and s4oo appropri- 

' .if.1 ateii for certain 

fifty dollars be, and hereby is, appropriated lor the purpose purposes. 
of building that part of the boundary line fence between 
the town of Chilmark and the Indians of Gay Head, wliich 
said Indians are required to make ; and also, a further sum, 
not exceeding one hundred and fifty dollars, for the purpose — 

of planting beach grass upon the South Beach, in the terri- 
tory of said Indians. The said sums to be expended under 
the direction and supervision of Abraham Rodman, or such 
other suitable person as his excellency the governor, by and 
witli the consent of the council, may appoint for that pur- 
pose. And the governor is hereby authorized to draw his 
warrants upon tlie treasury in favor of the agent or super- 
intendent, so appointed, accordingly. [Approved by (he 
Governor, May 28, 1856.] 

Resolve in favor of the Department of the Secretary of the Commonwealth. Chdp. 72. 

Resolved, That the lower west basement room in the new Room for seereta- 
department of the State House, heretofore occupied by the *^^'* (Jepartment. 
board of agriculture, and committees of the legislature upon 
that subject, 1)0, and it is hereby, appropriated for the use of 
the department of the secretary of the Commonwealth, and 
that the same be fitted for his use, by the committee on pub- 
lic buildings, at an expense not to exceed the sum of four 
hundred dollars. [Approved by the Governor, May 30, 
1856.] 

36 



282 1856.— Chapters 73, 74. 

Chcip. 73. Resola'e on Petition of Charlotte A. Woods, of Lancaster, in the County of 

Worcester, Guardian. 

auardian'9 sale Resolved, FoF reasous set forth in said petition, that the 
tatTooufiimed.' several deeds therein mentioned, bearing date the eighteenth 
day of May, in the year eighteen hundred and lifty-foiir, 
made and executed Ijy said Charlotte A. Woods, as guardian 
of Anna L. Woods, Harriet E, Woods, Charlotte A. Woods, 
Mary S. W^oods, Ellen Woods, and Alice P. Woods, minors, 
children of Matthew F. Woods, late of Lancaster, in the 
county of Worcester, deceased, for the conveyance to the 
several grantees in said deeds named, under license from 
the court of probate for said county of Worcester, granted 
April fourth, in the year eighteen hundred and fifty-four, o\' 
the interest of said minors in and unto certain real estate 
in said deeds mentioned and described, situate in said Lan- 
caster, which deeds are as follows, to wit : Deed to Jonathan 
Forbush, recorded in Worcester County registry of deeds, 
book 530, page 118 ; deed to George Dodge, and Artemas 
Hawes, recorded in said registry, book 530, page 353 ; deed 
to Samuel Chickering, recorded in said registrj^, book 534, 
page 147 ; deed to Artemas Hawes, recorded in said registry, 
book 530, page 355 ; and deed to John G, Thurston, entered 
for record in said registry, April eleventh, in the year eight- 
een hundred and fifty-six, at 7 h. 40 m. A. M., be held good 
and sufficient in law for the conveyance to the said several 
grantees, of all the right, title, interest and estate of the 
said Anna L. Woods, Harriet E. Woods, Charlotte A. Woods, 
Mary S. Woods, Ellon Woods, and Alice P. Woods, minors, 
in and unto the several tracts of land and real estate men- 
tioned or described in said several deeds, and intended 
thereby to be conveyed, and that the sales mentioned in said 
petition and the titles of said several grantees under the 
same, be, and the same are hereby confirmed. [Approiwd 
by the Governor, May 30, 1856.] 



Chcip. 74. Resolves in relation to Accounts against the Commonwealth. 

Accounts to be Rpsolvecl, That all accounts against this Commonwealth 
certified. shall bc approvcd by the person or persons under whose 

direction the charge was incurred, and be certified by the 
auditor ; and no account shall be allowed for any matter or 
thing, for the doing or procuring of which authority shall 
not have been given l)y one or botli branches of the legisla- 
ture. 

Kesoliwd, Tliat the printing, binding and prociiring of 
stationery for the use of the executive council and the sev- 
eral offices in the government of this Commonwealth, shall 



1856.— Chapter 75. 283 

be under the direction of the respective heads of said depart- 
ments ; and for the use of the senate and house of repre- 
sentatives, under the direction of the respective clerks 
thereof; and the amounts therefor shall be certified accord- 
ingly. 

Resolved, That all expenditures by tiie lieads of depart- 
ments, boards of commissioners, and all other persons acting 
under the autliority of the Commonwealth, shall be embraced 
in the annual estimates of the auditor, and be provided for 
by annual appropriations. 

Resolved, That no alteration shall be hereafter made in 
any of the apartments of the State House, or any fixtures 
be placed therein, or any furniture procured therefor, except 
by tjie sergeant-at-arms, with the approbation of tlie com- 
mittee on public buildings. 

Resolved, That the resolve passed on the eleventh day of 
June, in the year one thousand eight hundred and twenty- 
nine, and the resolves passed on the third day of April, in 
the year one thousand eight hundred and forty-six, relating 
to the auditing and examination of accounts against the 
Commonwealth, are hereby repealed. [Approved bii the 
Governor, May 30, 1856.] 

Resolve on the Petition of Aiigustxis Wheeler and Lucy M'heeler, his wife. Qjicii). 75. 
Resolved, For the reasons set forth in said petition, that iiamet ii. Ken- 
Harriet H. Kendall, administratrix of the estate of George t^k 'auJlTorizTd 
Kendall, late of Westnnnster, in the county of Worcester, to execute deeds. 
deceased, be, and she hereby is, authorized and empowered 
to make, execute and deliver to the several purchasers in 
said petition named, suitable deeds for the conveyance to 
them, in accordance with tlie terms of their respective pur- 
chases under a sale made by said George Kendall, by virtue 
of the authority to him granted by the order and decree of 
the supreme judicial court in said petition referred to, of all 
the rigiit, title and interest of said Lucy Wheeler in and 
\into the whole of the real estate in said petition mentioned, 
whereof Benjamin A. Gates, late of Gardner, in said county, 
deceased, died seized; and the titles of said purchases under 
such conveyances duly made by the said Harriet H. Ken- 
dall, administratrix under this resolve, shall be lield to be 
as good and valid in law as if the estates so purchased by 
them as aforesaid, had been duly conveyed to them by the 
said George Kendall pursuant to said order and decree of 
court. [Approved bi/ the Governor, May 30, 1856.] 



284 



1856. — Chapter 76. 



Chap. 76. 

Release of title to 
Back Bay lands. 



Proceedings in 
case relcafe 
not deemed ad- 
visable. 



Capital of Boston 
Water-Power Co. 
iiioreased $275,- 
000. 



Resolves in relation to Lands in the Back Bay. 

Resolved., That a joint committee, consisting of three 
memhers on the part of the senate, with five members of 
the house of representatives, be appointed, with full author- 
ity, subject to the approbation of the governor and council, 
to release, upon such terms and conditions as they shall 
think fit, the right, title and interest of the Commonwealth 
in and to any or all of the lands and flats in the Back Bay, 
for money, or such valuable consideration as they shall 
deem proper ; and they shall deposit any money, or other 
securities received therefor, with the treasurer of the Com- 
monwealth. 

Resolved, That in case the said committee and the gov- 
ernor and council shall not deem it best to release the interest 
of the Commonwealth in said lands or flats, as provided in 
the preceding resolve, they shall investigate the right, title 
and interest of the Commonwealth in said lands or flats; 
they shall have authority to devise plans for the improve- 
ment of said territory, or any part thereof, and for the flow 
of the tide into and out of the full basin, for the benefit of 
Boston Harbor, and to settle, arrange, adjust and compro- 
mise all differences, disputes and claims, with any parties 
interested, or claiming any right, title or interest in any 
lands in the Back Bay ; and they may alter, reform or 
amend all contracts, whether by deed or otherwise, hereto- 
fore made by the commissioners on the Back Bay, subject to 
the approval of the governor and council, all parties to the 
same agreeing thereto ; but they shall make no expenditures 
Avhatever, nor incur any liabilities for the improvement of 
said territory, until authorized so to do by the legislature ; 
and said committee may sit in the recess of the legislature, 
if it shall be found necessary so to do, and the commission- 
ers on the Back Bay shall be, ex officio., memhers of the said 
committee. 

Resolved., That to enable the Boston Water-Power Com- 
pany to fill lip and make the avenues and other improve- 
ments, which they have contracted with the Commonwealth 
to make, l)y their indenture, dated June ninth, eighteen 
hundred and fifty-four, they may increase their capital stock 
by the sum of two hundred and seventy-five thousand dol- 
lars : provided, hoivever, that the said company, by an 
acceptance of this resolve, shall be held to relinquish to any 
person or corporation who may become parties to the said 
indenture, or to any modification thereof, made by virtue of 
the preceding resolve, the right of flowage of said company 
in either basin of said Back Bay, so far as to allow every 



185,6.— Chapter 77. 285 

one of said persons or corporations to fill up their lands or 
flats, in conformity with such plan as the committee before 
mentioned may devise, subject to the approval of the gov- 
ernor and council ; and provided, further , that nothing herein Provided, fur- 
mentioned shall authorize said company to create any *^" 
nuisance on their said lands, and that said company shall be 
subject, as now, to the control of the board of health of the 
city of Boston, and also of the city of Roxbury, within 
their respective jurisdictions, according to the laws of the 
Commonwealth respecting nuisances. 

Resolved, That the foregoing- resolves shall not affect the 
legal rights of the city of Boston, the city of Roxbury, the 
town of Brookline, or of any other corporation or person, 
and they shall take effect from and after their passage. 
\^Approved by the Governor, May 30, 1856.] 

Resolves concerning the recent Assault upon the Honorable Charles Sumner, C/lG}). 77. 
at Washington. 

Resolved, By the senate and house of representatives of Assault upon 
the Commonwealth of Massachusetts, that we have received sumim-."'^'' 
with deep concern, information of the recent violent assault 
committed in the senate chamber at Washington, upon the 
person of the Honorable Charles Sumner, one of our senators 
in congress, by Preston S. Brooks, a member of the house of 
representatives from South Carolina ; an assault which no 
provocation could justify — brutal and cowardly in itself — a 
gross breach of parliamentary privilege — a ruthless attack 
upon the liberty of speech — an outrage of the decencies of 
civilized life, and an indignity to the Commonwealth. of Mas- 
sachusetts. 

Resolved, That the legislature of Massachusetts, in tlie Rigiit of freedom 
name of her free and enlightened people, demands for her °^ "i'**''^'^- 
representatives in the national legislature, entire freedom of 
speech, and will uphold them in the proper exercise of that 
essential right of American citizens. 

Resolved, That we approve of Mr. Sumner's manliness course approved, 
and courage in his earnest and fearless declaration of free 
principles, and his defence of human rights and free terri- 
tory. 

Resolved, That the legislature of Massachusetts is imper- iuve.stigation de- 
atively called upon, by the plainest dictates of duty, from a "''"' '^ 
decent regard to the rights of her citizens and resi)cct for 
her character as a sovereign State, to demand, and tlie legis- 
lature of Massachusetts hereby does demand, of the national 
congress, a prompt and strict investigation into the recent 
assault upon Senator Sumner, and the expulsion, by the 



286 



1856.— Chapters 78^ 79, 80. 



Transmission of 
resolves. 



house of representatives, of Mr. Brooks, of South CaroHna, 
and any other member concerned with him in said assault. 
Resolved, That his excellency the governor be requested 
to transmit a copy of the foregoing resolves to the president 
of the senate and speaker of the house of representatives, 
and to each of the senators and members of the house of 
representatives from this Commonwealth, in the congress of 
the United States. [Approved b// the Governor, May 31, 
1856.] 



Documents to 
Kansas. 



Chcip. 78. Resolve to authorize the Secretary of the Commonwealth to furnish certain 

Documents. 

Resolved, That the secretary of the Commonwealth be 
authorized to furnish to Robert Klotz, for the commissioners 
engaged in codifying the laws in Kansas, the Revised Statutes 
and Supplements thereto, and such other documents as in 
his opinion may be useful for the aforesaid purpose. [^AP' 
proved by the' Governor, May^l, 1856.] 



Commissioners to 
establisii bounda- 
ry line. 



Chap. 79. Resolves in relation to Town Lines between the Towns of South Scituate 

and Hanover. 

Resolved, That two commissioners be appointed by his 
excellency the governor, by and with the advice and consent 
of the council, whose duty it shall be, after having duly 
notified the clerks of the towns of South Scituate and Hano- 
ver, to establish the boundary line, now in dispute between 
the towns of Soutli Scituate and Hanover, and duly report 
the same. 

Resolved, That the said towns of South Scituate and 
Hanover shall be required to defray the expenses of said 
commission, each of said towns paying one-half of said 
expenses. [^Approved by the Governor, May 31, 1856.] 



Expenses. 



Chap. 80. 

Territory of Kan- 
sas. 



Outrages com- 
mitted. 



IIesolyes in relation to the Territory of Kansas. 

Whereas, The congress of the United States has eiuictcd 
a law establishing a government in the territory of Kansas 
which opens the said territory to the introduction of slavery ; 
and whereas, armed mobs have invaded the territory of 
Kansas, interfering with the political rights and franchises 
of the settlers ; and ivhereus, the Commonwealth of Massa- 
chusetts has asked in vain, through its legislature, the state 
government of Missouri, and the president of the United 
States, to protect the settlers of the territory of Kansas 
against the unparalleled outrages to which they have been 
subjected, which outrages have been heaped upon them by 
the slave interest in this country, for the purpose of forcing 



1856.— Chapter 80. 287 

slavery upon Kansas, against the will of its inhabitants, and 

against the wishes of a majority of the people of the Union ; 

and irliereas, through the neglect of the government of the Appeal for asswt- 

United States to protect the settlers and redress their wrongs, 

they have been left, as a last resource, to fall back upon the 

original right of self-preservation, and have appealed to the 

American people for justification and assistance ; therefore, 

Resolved, That we have heard the call for sympathy and Response to ap- 
aid which has come up to the people of the United States, 
from the settlers of Kansas, with the deepest solicitude ; 
that their sufferings have touched our hearts, and the manly 
defence of their rights has won our admiration ; and while 
u'c do not claim that as a state legislature we are clothed 
with power to initiate measures for their relief, we neverthe- 
less present their case to the people of tliis Commonwealth, in 
'.'all confidence that tiiey will use all just and constitutional 
means to aid tliese heroic men in maintaining and defending 
their liberties. 

Resolved, That the inhabitants of Kansas are justifiable condemnation of 

■ •' laws jnstinable. 

in declmnig to recognize the code of laws which was forced 
upon the territory by the act of a body of men calling them- 
selves a legislature, and yet composed, in part, of persons 
who were not settlers ; and that the president of the United 
States, in endorsing those enactments as the true laws of 
Kansas, and, in his threat that the settlers shall be made to 
obey them,, even at the point of the bayonet, has exhibited a 
servility to a sectional slave interest, and an indifference to 
the fundamental principles of justice and freedom, which 
merit the condemnation of the American people. 

Resolved, That this is a fit occasion to reassert the prin- Prohibition of 
ciple so often declar(?d to be the doctrine of Massachusetts, ^*^^'' 
that congress has power to prohibit slavery in the territories 
of the United States, and that this power should be exercised 
to its full extent. 

Resolved, That as the intrigues to thrust slavery upon impoitanee of 
Kansas have been growing more desperate ever since tlie sion as a fife 
repeal of the Missouri prohibition, until the question of free ^''"* 
or slave territory is become a prominent and vital issue 
before the counti-y, and threatens to drive the nation into a 
civil war, we hold that the speedy admission of Kansas into 
the Union as a free state, with her present constitution, is a 
measure of first importance to the welfare of that territory, 
and to the tranquillity and honor of the United States, and 
that our senators and representatives in congress are earn- 
estly requested to use every exertion to bring about this 
result. 



288 



1856.— Chapters 81, 82. 



Transmission of Resolved, That liis cxcellencY tlie s:overnor be requested 
to transmit a copy of these resolves to the president of the 
United States, to the governors of each of the states and 
territories, and to each of our senators and representatives 
in congress. \^Ap2)roved by the Governor^ June 3, 1856.] 



Chap. 81, 

$9,200 appropri- 
ated. 



Chap. 82. 

Low rates and 
free delivery of 
letters. 



Senators and rep- 
resentatives in 
congress to use 
inflnence. 



Resolve in favor of the State Prison. 

Resolved., Tliat there be allowed and paid out of the 
treasury of the Commonwealth, the sum of three thousand 
dollars, for new boilers at the State Prison, and for setting 
the same ; and that the further sum of six thousand dollars 
be, and hereby is, appropriated to be expended in raising 
the wall around the prison three feet in height, and erecting 
an iron railing upon the same, and the further sum of two 
hundred dollars to replenish the library, and that the 
governor is authorized to draw his warrant accordingly. 
[^Approved by. the Governor, June 3, 1856.] 

Rrsolves concerning the Franking Privilege and Cheap Postage. 

Whereas, Experience has demonstrated that an uniform 
and very moderate rate of postage is productive, in England, 
of profit to the government, as well as convenience and 
economy to the people ; and ivhereas, very large sums are 
annually charged to the post office department in this coun- 
try, by reason of the increased and increasing use of the 
franking pj'ivilege, and by appropriations in aid of the mail 
steamships, under cover of disbursements for ocean postage ; 
and ivhereas, congress alone has the power to remedy exist- 
ing evils in the department, and to furnish to our citizens 
the greatest possible facilities for intercommunication, by 
establishing uniform and low rates of i:fostage ; and ivhereas, 
the experience of the past sixteen years in England, shows 
that the community can be far better accommodated, and 
the government not only indemnified against loss, but remu- 
nerated, by a reform of the evils and abuses which now 
exist, and by the in trod notion of low rates and free delivery 
in large cities ; therefore, 

Resolved, That our senators and representatives in con- 
gress be requested to exert their influence to procure a 
thorough postal reform ; especially by the introduction of a 
low and uniform rate of postage for the whole country ; by 
making the franking privilege a direct charge to the govern- 
ment ; l)y charging the expense of ocean steamers to the 
naval rather than the post office department, and by securing 
a free delivery of letters in large cities and populous 
districts. 



1856.— Chapter 83. 289 

Resolved^ That his excellency the governor be requested Transmission of 
to forward a copy of the foregoing preamble and resolve to "^^'^ ''^^' 
each of our senators and representatives in congress. 
{^Approved by the Governor, June 3, 1856.] 

Resolves providing for the pay of the Council, Senate, and House of Rep- ChciU. 83. 

resentatives. 

Resolved, That there be paid, out of the treasury of this $3 per day, to 
Commonwealth, to each member of the senate and house of anVtoy?mng 
representatives, three dollars per day for each and every «='p^°«««- 
day's attendance during the present political year, and one 
dollar for every five miles' travel from their respective places 
of abode, once in each session, to the place of the sitting of 
the general court ; and also to each member of the council, 
three dollars for each and every day's attendance at that 
board, at each session thereof, during the present political 
year, and one dollar for every five miles' travel from their 
respective places of abode once in each session thereof; and sf3 per day extra 
to the president of the senate and speaker of the house of senatrandTplak- 
representatives, each, the sum of three dollars per day for " °^ ^°"^®' 
each and every day's attendance, in addition to their pay as 
members ; and that warrants be drawn accordingly. 

Resolved, That there be allowed and paid, out of the sio per day to 
treasury of the Commonwealth, to the clerk of the senate '"^''''''^' 
and to the clerk of the house of representatives, each, the 
sum of ten dollars per day ; to the assistant-clerk of the ^ss per day to ag- 
senate and to the assistant-clerk of the house of representa- 
tives, each, the sum of eight dollars per day for each and 
every day they may have been employed during the present 
session of the present legislature, and tlie same sum per compenaation for 
day, as is herein provided for those officers for such further ments^.'"^ '^°*'"' 
time as they may be employed, not exceeding twelve days 
after the rising of the general court, in arranging the papers 
and documents of the session; and that there be further 8?3oo to each cierk 
paid to the clerk of the senate and to the clerk of the house p*iicatrcop"ifs of 
of representatives, the sum of three hundred dollars each, ^°"'^°'^'' ^"^ 
for preparing duplicate copies of the journals for the library, 
as required by the orders of the two houses ; and to the Further sum. 
clerk of the house of representatives such further sum as 
he may have paid for the preparation of the printed journal ; 
and that warrants be drawn accordingly. 

Resolved, That there be allowed and paid, out of the ctapiains to re- 

, !• XI • n 1.1 J ,1 1 1 . /» 1 ceire $200 each. 

treasury of this Commonwealth, to the chaplauis of the 
senate and house of representatives, each, the sum of two 
hundred dollars, for their services during the present ses- 
37 



290 1856.— Chapters 84, 85, 86. 

sion ; and that warrants be drawn accordingly. [^Approved 
by the Governor, June 3, 1856.] 

Chop. 84. Resolve on the Petition of George O. Fairbanks and others, of Fall River. 

Mayor indemm- Resolvecl, That thc major of Fall River be, and he hereby 
iug liquors.'"^' IS, aiithorizcd to destroy, or canse to be destroyed, all the 
spirituous and intoxicating liquors, and the vessels contain- 
ing the same, which have heretofore been seized in said Fall 
River under the three hundred and twenty-second chapter 
of the statutes of eighteen hundred and fifty-two, and for 
which indemnity has been or may hereafter be made from 
the treasury of the Commonwealth under the two hundred 
and seventy-first chapter of the statutes of eighteen hundred 
and fifty-five, to the magistrate, officers and others con- 
cerned in said seizure, and that said mayor pay all legal 
charges, to an amount not exceeding seventy-five dollars, for 
the removal and storage of the same, and that the governor 
draw his warrant therefor, in favor of said mayor, after 
satisfactory proof that said liquors have been so destroyed. 
\_Approved hy the Governor, June 3, 1856,] 

Chap. 85. Resolve in favor of Ansel Wright and George F. Wright, of Northampton, 
^ Deputy-Sheriffs. 

$1,127.80 ai- Resolved, That, for reasons set forth in the petition of 

'"''''*• Ansel Wright and George F. Wright, of Northampton, 

there ha allowed and paid, out of the treasiiry of the Com- 
monwealth, to the petitioners, the sum of eleven hundred 
and twenty-seven dollars and eighty cents ; and the governor 
is hereby authorized to draw his warrant accordingly. 
\_A27proved by the Governor, June 4, 1856.] 

Chap. 86. RnsoLVE on the Petition of Lydia V. Dickson, praying that she may receive 
the Personal Estate of Elizabeth Lewis, deceased. 

Public adminis- Resolved, That, for reasons set forth in said petition, 
mainde?Tes- Duucaii Bradford, Esquire, public administrator for the 
c'eVson^^'""^' county of Middlesex, be, and he is hereby authorized, to 
pay over to Lydia V. Dickson, the amount of money that 
shall remain in his hands, as public administrator, the pro- 
ceeds of the eifects and estate of the late Elizabeth Lewis, 
deceased, after paying the claims against said estate ; and 
the receipt of the said Lydia Y. Dickson therefor, filed by 
him in the office of the treasurer of the Commonwealth, 
shall be equivalent to paying the amount represented in such 
receipt, into the office of the treasurer of the Common- 
wealth, and shall be held a compliance with his duty, and a 
discharge of his official bond in the same manner, and to 



1856.— Chapters 87, 88, 89, 90, 91. 291 

the same extent as the payment of the same sum into the 
office of the treasurer aforesaid would be. [^Approved by the 
Governor, June 4, 1856.] 

Resolve in relation to the Massachusetts Records. Chop. 87. 

Resolved, That the contract for printing an edition of the Printed in three 
Massachusetts Records, under the authority of the resolve ^'^"'^' 
passed on the fifteenth day of March, in the year one thou- 
sand eight hundred and fifty-six, shall be limited to three 
years from the date thereof. \^Approved hi) the Governor, 
June 4, 1856.] 

Resolve relative to the pay of Henry A. Marsh. Cllfip. 88. 

Resolved, That there be allowed and paid to Henry A. P='-Yo*^««*'*nt- 
Marsh, the assistant-clerk of the house of representatives, 
the full amount of compensation that he would have been 
entitled to, had he been present in the discharge of his duties 
during the whole of the present session of the legislature. 
[Approved bij the Governor, June 4, 1856.] 

Resolve in favor of Isaiah Stoddard. CJldn. 89. 

Resolved, That there )je allowed and paid, out of the Pay to assistant 
treasury of the Commonwealth, to Isaiah Stoddard, late '^°'"^''^*'''^"' 
assistant door-keeper to the house of representatives, the 
pay to which he would have been entitled during the present 
session of the legislature, were he not prevented by sickness 
from the performance of his duties ; and the governor is 
requested to draw a warrant therefor. [^Approved bij the 
Governor, June 4, 1856.] 

Resolve in aid of the New England School of Design for Women. Chan. 90. 

Resolved, That the sum of one thousand dollars annually, f i/'oo annuaiir, 
for two years from the first day of June next, be appropriated ""^ "^^ ^^^^^' 
to the support of the New England School of Design for 
Women, payable in quarterly payments ; and that his excel- 
lency the governor ho. authorized to draw his warrants there- 
for accordingly. {^Approved by the Governor, June 4, 
1856.] 

Resolve concerning the State Reform School for Boys, at Westborough. Chap. 9 I. 

Resolved, That the sum of thirty-five tliousand dollars be, $35,000 appropri- 
and the same is hereby, appropriated to be applied by the '''^^' 
trustees of the State Reform School at Westborough, for the 
support of that institution ; and that the governor draw his 
warrant accordingly. [^Approved by the Governor, June 4, 
1856.] 



292 1856.— Chapters 92, 93, 94, 95. 

iyhop, 9 'C. Resolves in relation to certain Kesolutions of the Legislature of Connecticut. 

Resolved, That the general court of Massachusetts receives 
with lively satisfaction and gratitude, the fraternal resolutions 
of the general assembly of Connecticut, expressing their 
sentiments of abhorrence in relation to the recent act of 
cowardly violence upon the floor of the senate chamber ; 
their noble determination to unite with Massachusetts in 
defence of the vital right of freedom of speech, and their 
manly sympathy with her in the indignity offered to the 
State in the person of her senator. 

Resolved, That his excellency the governor be requested 
to transmit a copy of the above resolution to tlie governor of 
Connecticut, to be laid before the legislature of that State. 
\^Approved bij the Governoi', June 4, 1856.] 

L/linp. 9o. Resolve concerning the publication of the State Laws. 

$300 to Boston Resolved, T^iat there be allowed, to be paid out of the 

Daily Bee for ■*■ . 

publishing laws, trcasury of the Commonwealth, to the proprietors of the 
Boston Daily Bee, such sum, not exceeding three hundred 
dollars, as in the opinion of the governor and council, may 
be deemed proper, in consideration of publishing the laws of 
the Commonwealth for the current year ; and the governor 
is authorized to draw his warrant for the same. \^Aj)proved 
by the Governor, June 6, 1856.] 



Cfiap. 94. Resolve in favor of the State Almshouse at Bridge water. 

$1,407.48 ai- Resolvcd, That there be allowed and paid, out of the 

treasury, the sum of fourteen hundred and seven dollars and 
forty-eight cents, to liquidate the debt against the State 
Almshouse at Bridgewater, and that the governor be author- 
ized to draw his warrant accordingly. [^Approved by the 
Governor, June 6, 1856.] 

Chap. 95. Resolves to provide for the Expenses of the Insurance Commissioners. 

!if350 to commis- Resolved, That there be allowed and paid to the insurance 
commissioners, the sum of three hundred and fifty dollars ; 
said amount having been expended by them in addition to 
the amount granted by resolve of May nineteenth, eighteen 
hundred and fifty-five. 

$261.68 for rec- Resolvexl, That the treasurer be, and is hereby, author- 
ized to pay to Layrs and Fairbanks the sum of two hundred 
and sixty-one and sixty-eight hundredths dollars ; said sum 
being amount of their bill for record books, blanks and 
stationery furnished said board of commissioners, the same 
being required by the provisions of section third of the one 



sioners. 



ord books, &c. 



1856.— Chapters 96, 97, 98, 99. 293 

hundred and twenty-fourth cliapter of the acts passed in the 
year one thousand eight hundred and fifty-five. 

Resolved, That the sum of tliree liundred dollars be, and $300 for contin- 
is hereby, appropriated for the payment of the contingent ^'^''* ^^peiises. 
office expenses of said board of commissioners, for the ensu- 
ing year ; and that the governor draw his warrant accord- 
ingly. [Approved bij tlic Governor, June 6, 1856.] 

Resolve in addition to a Resolve in aid of the New England School of Design QJkjv) 9g 

for Women. ^' 

Resolved, That the appropriation in aid of the New Eng- Appropriation, 
land School of Design for Women, made by the resolve"^ ^°''*^'^ 
approved by the governor June fourth, eighteen hundred 
and fifty-six, shall take effect and be payable from and after 
the first day of June, in the year eighteen liundred and 
fifty-six, instead of the first day of June next, as provided in 
said resolve. [Approved by the Governor, June 6, 1856.] 

Resolve relating to the compensation of the Door-Keepers, Messengers and CJlCip. 97. 
Pages of the General Coiirt. 

Resolved, That there be paid, out of the treasury of the seventy-cve cents 
Commonwealth, to the door-keepers, messengers and pages mhig^aocZents' 
of the general court, the sum of seventy-five cents per 
volume, for filing the documents of the senate and house, 
also, the journal, for the members of the general court, dur- 
ing the present session ; and that the governor draw his 
warrant accordingly. [Approved by the Governor, June 6, 
1856.] 

Resolve for Repairs on the State House. Chap. 98. 

Resolved, That the sum of seven thousand two himdred »7,2i3 for repairs 
and thirteen dollars be appropriated for making the neces- °" ^^^^ ^°"^*' 
sary repairs and alterations upon and about the State House, 
and for payment of expenses already incurred thereon ; and 
that the governor be authorized to draw his warrant accord- 
ingly. [Approved by the Governor, June 6, 1856.] 

Resolve concerning the Pilgrim Society of Plymouth. Chat). 99. 

Resolved, That the sum of three thousand dollars be, and $3,ooo to piigrim 
hereby is, appropriated for the purpose of contributing an ^°"''*^' 
alto-relief, in marble, of the landing of the Pilgrims, to be 
placed, as designed, in one of the panels of the national 
monument which the Pilgrim Society is about erecting at 
Plymouth, to the memory of the forefathers of this Com- 
monwealth. And his excellency tiie governor is hereby 
authorized, with the advice and consent of the council, to 



294 1856.— Chapters 100, 101, 102, 103. 

draw his warrants tlierefor accordingly, payable to the treas- 
urer of said society in such sums as may seem expedient, in 
proportion to the entire work. [^Approved by the Governor, 
June 6, 1856.] 



Secretary, &c Resolved, That tlic sccrctary of the Commonwealth, the 

William White, State auditor, and the clerks of the senate and house of rep- 



Chdp. 100 Resolve concerning the Printing for the Commonwealth. 

Secretary, &c , 
to contract with 
William White, 

pri^ntlnK^ ^"^"^^ resentatives, be directed to contract with William White, in 
the name and on behalf of the Commonwealth, that said 
White shall execute the printing for the various departments 
for one year from the first day of April, eighteen hundred 
and fifty-six, at the rates specified in the contract of last 
year : provided, that bonds satisfactory to the secretary of 
the Commonwealth to the amount of five thousand dollars, 
be given by said White for the faithful performance of said 
contract. \^A]jproved by the Governor, June 6, 1856.] 

Chap. 101 Resolve relating to extra Clerk Hire. 

$376 for extra Resolvcd, That thcrc be paid and allowed, out of the treas- 
ury of the Commonwealth, to the clerk of the house of rep- 
resentatives, for the payment of the extra clerk hire employed 
by him, the sum of three hundred and seventy-six dollars, 
and the governor is hereby authorized to draw his warrant 
accordingly. [^Approved by the Governor, June 6, 1856.] 

Chap. 102 Resolve concerning the Journals and Papers of the Senate. 

^750 for indexing Resolved, That the clerk of the senate cause to be con- 
ite,'&V ° "*"' tinned tlie general index of the journals of the senate, com- 
menced by the late clerk, and cause a copy of the same to 
be made and deposited in the State library ; and that he 
also cause to be completed the catalogue and index of the 
files of the senate, to the end of the present session : pro- 
vided, that the whole expense of the work hereby authorized 
to be done, shall not exceed the sum of seven hundred and 
fifty dollars ; and that the governor be authorized to draw 
his warrants monthly to defray the expense of the same. 
\^Approved by the Governor, June 6, 1856.] 

ChdD 103 I^ESOLVE for the payment of the Contingent Expenses of the Council, Legisla- 
■* ' ture and Offices in the State Hou^e, for the year one thousand eight hun- 

dred and fifty-six. 

3f2,5oo for certain Rcsolved, That there be paid, out 'of the treasury of the 
pense"f*&c. *'^" Commonwcalth, to the sergeant-at-arms, a sum not exceed- 
ing two thousand five hundred dollars, to enable him to 
defray certain contingent expenses of the council, general 



1856.— Chapter 103. 295 

court, and offices in the State House, for tlie present year ; 
and also to enable him to pay any sum not covered by the 
appropriation made for the same purposes, in the year one 
thousand eight hundred and fifty-five ; and the governor is 
hereby authorized to draw his warrants, from time to time, 
accordingly. [^Approved by the Governor^ June G, 1856.] 



INAUGURAL ADDUESS 



HIS EXCELLENCY HENRY X GARDNER 



Representatives' Chamber, Jan. 3, 1856. 

At one o'clock^ His Excellency the Governor, accompanied 
hy His Honor the Lieutenant-Governor, the members of 
the Executive Council, and the various officers of the 
government, attended by a Joint Co?mnittee of the tivo 
Houses, and the Sheriff of Suffolk, met the Senate and 
House of Representatives, in convention, and delivered 
the follovring- 

ADDRESS. 

Gentlemen of the Senate 

and of the House of Representatives : — 

We have been called, by the suffrages of our fellow-citizens, 
from our various occupations and pursuits, and intrusted 
with the responsibilities and duties attaching to the execu- 
tive and legislative branches of our State government, for 
the present year. In the language of the Constitution, 
" acknowledging with grateful hearts the goodness of the 
great Legislator of the Universe, in affording us, in the 
course of His providence, an opportunity, deliberately and 
peaceably," to meet together for duly considering the coni- 
38 



298 GOVERNOR'S ADDRE.^S. 

moil wants of our common constiUiency, and " devoutly 
imploring His direction in so interesting a design," may we 
devote our best efforts, without personal considerations, 
party bias, or local prejudices, to promote the true interests 
of the people of Massachusetts. 

The semi-decennial census, taken during the past summer, 
in pursuance of the Resolve of 1855, presents an authentic 
and most gratifying record of the rapid increase of our State 
in population, and in the magnitude of her various agricul- 
tural, mechanical and commercial resources. Never before 
has she been permitted by a gracious Providence to advance 
so rapidly, in every thing whicli conduces to the prosperity 
and happiness of a community. 

The statistics of her industrial pursuits are not yet so 
classified and arranged, as to permit me to state with accu- 
racy their aggregate results ; but I am enabled to announce 
that the population of Massachusetts, by that census, is oiie 
million one huridrcd and thirty-three thonsand and thirty-three , 
showing an increase of nearly one hundred and sixty thou- 
sand persons during the past five years. The following is a 
table of the total population, as exhibited by each census 
since 1800, the amount of the increase in eacli decade, and 
the average gain per cent., per annum: — 









Increase 


Averge gain per 


Years. 




Census. 


in numbers. 


cent. 


per annum- 


1800, 




422,845 








1810, 




472,040 


49,195 




1.11 


1820, 




523,287 


51,247 




1.04 


1830, 




fi 10,408 


87,121 




1.55 


1840, 




737,700 


127,292 




1.91 


1850, 




973,715 


236,015 




3.20 


1855, 


(5 years,) 


1,133,033 


159,318 




3.27 



Increase in 55 years. . . . 710,188 
Census of 1800, .... 422,845 



Census of 1855 1,133,033 

The Legislature of 1854 initiated several important 
amendments to our Constitution, all but one of which 
received the necessary sanction of the Legislature of 1855, 
and were ratified by the popular vote on the 23d of May 
last. They provide that a plurality of votes shall elect in 
the popular choice of all civil officers under the Constitu- 
tion, — that the time of the State election shall be changed 
to conform to the day fixed by Congress for the choice of 
presidential electors, — that eight Executive Councillors, the 
Secretary, Treasurer, Auditor, and Attorney-General, shall 



GOVERNOR'S ADDRESS. 299 

be chosen by popular vote, — that the school moneys shall 
not be applied to the support of sectarian schools, — and that 
the Legislature shall prescribe by general law for the choice 
of District-Attorneys, Sheriffs, Registers of Probate, Commis- 
sioners of Insolvency, and Clerks of Courts, by the people. 

It becomes therefore your duty at the present session, to 
*' divide the Commonwealth into eight districts of contiguous 
territory, each containing a number of inhabitants as nearly 
equal as practical:)le, without dividing any town or ward of 
a city, and each entitled to elect one Councillor ;" also, " to 
prescribe by general law, for the election of Sheriffs, Regis- 
ters of Probate, Commissioners of Insolvency, and Clerks of 
the Courts, by the people of the several counties," and 
" District- Attorneys by the people of the several districts." 

I deem it a source of great regret that the other amend- 
ment, relative to a reduction in the number of the House of 
Representatives, and a division of the State into equal Sena- 
torial and Representative Districts, based upon the number 
of legal voters, which passed the Legislature of 1854, liy the 
constitutional majorities, should have been defeated at the 
last session. Oar popular branch is by far the largest delib- 
erative body in the Union ; too large for a prompt and 
economical discharge of its duties ; and, unwieldy as it has 
Ijeen, the plurality law will probably add a hundred members 
to its average numl)er. The experience of nearly every 
session demonstrates that the Senate passes weeks of com- 
parative idleness, while waiting for the concurrent action of 
the House. A simjile calculation shows, that were our 
popular branch to approximate in number those of New 
York, Ohio or Pennsylvania, — having two or three times the 
population of Massachusetts, — the cost of our legislation 
would be diminished one hundred thousand dollars per 
annum, even without taking into consideration the reasona- 
ble probability that the length of the sessions would tliereby 
be diminished. The present basis of representation, though 
perhaps as fair as any which is feasible while the present 
system remains, causes much complaint of inequality and 
injustice among portions of our citizens ; while an equal 
district system, where every man has a direct vote every 
year for his immediate representative, is certainly as fair 
and impartial as can be practicably devised. Persuaded 
that this is simply a question of time, I su1>mit to your con- 
sideration whether it is not expedient, at the present session, 
to make another effort to accomplish tl)is object. 

Tlie Legislature of 1855 initiated also several constitu- 
tional amendments, which necessarily come before you. 



300 GOVERNOR'S ADDRESS. 

The first provides that " no person owing allegiance to any 
foreign prince, power or potentate, shall be eligible to any 
office under the Constitution of this Commonwealth." And 
another intended to provide that none but the native born 
shall be eligible to office, and that no alien shall be allowed 
to vote unless he has been a resident w^ithin the United 
States twenty-one years and legally naturalized. 

Believing, as I profoundly do, that the principles cm- 
braced in these amendments are of the deepest importance 
to the preservation of a republican government, I earnestly 
trust that they may receive your sanction. The teachings 
of history, as well as the uniform convictions of every 
enlightened and philosophic thinker upon the principles of 
self-government, tend to the conclusion, that the unshackled 
freedom of individual opinion and the education of the 
individual mind, form the only true foundations of rational 
liberty and true republicanism. The more these truths are 
disregarded, the more certain it is that liberty under demo- 
cratic institutions will degenerate into anarchical license, or 
give place to a slavish and bigoted superstition. 

This Republic of ours, of continental dimensions, stretch- 
ing from ocean to ocean, from the extreme verge of the 
temperate zone almost to the tropics, destined, within the 
life time of some of the present generation, to embrace 
within its borders a hundred millions of people, of diverse 
origin, of varied occupations and conflicthig interests, — the 
model and trust of the struggling nations of the old world, 
— is yet an experiment. In its very grandeur there are 
elements of danger, and its present success gives rise to a 
commensurate feeling of solicitude. 

It is our solemn duty, and one that no true son of Massa- 
chusetts, or of America, will shrink from, to guard against 
every evil that threatens the perpetuity of our institutions. 
It demands of every patriot, by whatever party name he 
prefers to call himself, to do all that in him lies to protect 
the sacred privilege of the ballot, and the power of making 
and enforcing the laws, from the hands of those who of 
necessity cannot comprehend the nature of our republican 
institutions. No man being deprived of his present rights 
constitutionally guaranteed to him, none prevented from 
finally attaining the privilege of joining with us in the selec- 
tion of our common rulers, all who seek our shores may be 
admitted to our franchises, when they shall have passed 
through the same period of probation required of the native 
. born, and have become familiar with the theory, accustomed 
to the workings, and been taught by experience, the benefits 



GOVERNOR'S ADDRESS. 301 

of onr system of self-government. No rights is abridged 
that international comity demands, but we ourselves, hither- 
to an exceptional case in the family of nations, now seek to 
place those safeguards around our own institutions, that 
every Christian government of the old world has been taught 
by experience or necessity were essential to the protection 
of its own. 

The necessity of this course is apparent in every year's 
experience ; — its paramount duty is impressed upon us by 
the concurrent teachings of the patriotic living statesmen 
and the illustrious dead ; — its absolute importance is writ- 
ten in the rise and fall of every extinct republic ; — we read 
it in the wise laws of every contemporaneous civilized gov- 
ernment : — the obligations of our official station and our 
duty alike to the stranger who shall come among us, and to 
our children who shall come after us, demand it at our 
hands. 

When the original founders of our Republic erected the 
framework of our institutions, at a period when the immi- 
gration to our shores was but five thousand per annum, with 
just and patriotic jealousy of those reared under opposing 
systems of government, and scanning with searching eye 
the experience of history, they wisely declared, by an organic 
and fundamental law, that the chief executive officers of 
our government, those to whom alone are intrusted the 
gravest duties and highest responsibilities, of selecting the 
Cabinet, of appointing the Judiciary, of signing or vetoing 
all national enactments, of commanding the army and navy, 
of making treaties in conjunction with the Semite and of 
presiding over the august deliberations of that body, should 
be those alone who were then citizens, or should thereafter 
be born within the jurisdiction of the United States. Were 
those patriots to day to reconstruct their work, with the 
experience of the past three-quarters of a century before 
them, with that trifling number swollen into the immense 
annual immigration of five hundred thousand, half a million 
souls, — a population of a great state, and surpassing that of 
many of our confederacy, — increasing with an increasing 
ratio, — it is not too much to suppose that the safeguard as 
to birth then applied to our highest officers, would be ex- 
tended to all, if not also to every voter whose ballot is 
instrumental in their election. 

That duty is handed down from them to us. Nobly and 
fearlessly did they perform what fell to their generation, 
confident in the belief and expectation that their children 



302 GOVERNOR'S ADDRESS. 

could be safely left in their turn to complete their work, as 
experience should require, or danger demand. 

I have sjioken of the principles of the amendments you 
will be called upon to consider. Unfortunately, in the 
Inirry of the closing days of the session, the phraseology of 
the one last referred to is so imperfect as to need, in my 
judgment, essential modification, and therefore, renders 
necessary its renewed passage in an amended form. It 
provides that " no person shall be entitled to vote in this 
Commonwealth, unless he shall have been a resident within 
the jurisdiction of the United States twenty-one years, and 
legally naturalized." Doubtless the phrase " of foreign 
birth" was intended to have been inserted immediately after 
the first two words. 

In consonance with the above principles, 1 would also 
suggest the expediency of a constitutional amendment, sim- 
ilar to that which the people of a neighboring State have 
recently ratifi'ed, that no person shall be permitted to vote 
who cannot read and write. 

One additional amendment yet remains for your consid- 
eration, which provides that " no person shall be imprisoned 
for any debt hereafter contracted, except in cases of fraud." 
I also commend this measure to your favorable action. 

The power conferred by the Constitution of our State, 
upon its chief executive magistrate, of vetoing the acts of 
the Legislature, is granted in general terms, without limita- 
tion as to cause, and has frequently been exercised by many 
of my predecessors. It has long been the opinion, however, 
of some of our most eminent statesmen, that the true theory 
of a republican government, and a wise statesmanship, 
inculcate, that except where the executive is convinced of 
the unconstitutionality of the measure proposed, or in the 
event of evidently hasty and ill-considered legislation, the 
deliberate desire of the immediate representatives of the 
people should not he thwarted by tlie interposition of the 
veto power. 

Entertaining these views, 1 have heretofore given my 
approval, in some cases, to acts and resolves, the expediency 
of which I somewhat doubted, or which were merely de- 
claratory of the sentiments of the Legislature. . This rule 
will continue to guide my action ; but from all measures 
presented for my consideration, involving, in my deliberate 
judgment, constitutional doubts, I shall in the future, as I 
have heretofore, unhesitatingly withhold my sanction. 

One Act of this nature, notwithstanding the decided 
opinion of the Attorney-General, that it was " clearly re- 



GOVERNOR'S ADDRESS. 303 

pugiiant to the provisions of the Constitution of the United 
States," and " that in his judgment the bill is in violation 
of the Constitution " of Massachusetts, notwithstanding- it 
attempts in express terms to give the sanction of law to 
what our Supreme Court, in an opinion signed by all its 
Justices, in reply to a question propounded to them by the 
Executive, with the advice and consent of the Council, 
declared could not " rightfully or legally" be done, not- 
withstanding also the consequent withholding of the Execu- 
tive approval from it, became, by the requisite constitutional 
majorities, the law of Massachusetts. 

The people of our State, knowing how essential a sacred 
observance of law is to the perpetuity of our, or any, repub- 
lican institutions, recognizing the blessings derived from the 
Constitution of the United States, both for security at home, 
and dignity al)road, unhesitatingly acknowledge all their 
obligations to obey the requirements of that instrument. 
When one of the confederated States futilely attempted to 
nullify its powers, there was but one feeling of reprobation 
throughout all our borders. The ablest statesman Massa- 
chusetts ever intrusted with her interests on the floors of 
Congress, by his successful maintenance of the paramount 
authority of the Constitution of the United States, displayed 
a comprehensiveness of statesmanship, which was even 
greater than the majestic eloquence with which he vindicated 
his position. 

The passage of this Act is deeply to be deplored, because 
" it asserts or looks to the maintenance of rights not clearly 
and constitutionally ours," which course of action, in my 
Inaugural Address, 1 strenuously urged the last Legislature 
to avoid, — because it weakens the moral effect of the influ- 
ence of our State, — because it sets an example, which, if 
followed by other members of the confederacy, will most 
certainly destroy our only bond of union, — -and because it 
tends to an armed conflict l)etween the State and the Na- 
tional governments. Either this law must remain a dead 
letter on our statute book, unenforced when the hour of 
trial comes, thus reducing Massachusetts to the humiliating 
position of enacting a law she has not the courage to enforce, 
or else, if the attempt is made, it must be supported by the 
whole military array of the State in direct and immediate 
conflict with the army of the United States. There is no 
alternative but submission, or open war. 

While Massachusetts will be loyal to her constitutional 
obligations, she demands that all her constitutional rights 
shall be respected. She asks the fulfilment of national 



304 GOVERNOR'S ADDRESS. 

compacts, the faithful performance of the sacred agreements 
of the fathers, and, though the Act referred to lias tempo- 
rarily diminished the moral weight of this demand, its 
repeal will go far to give her voice its former power. Her 
people, in common with the entire North, and many at the 
South, believing slavery to be a moral, social and political 
evil, claim no power to interfere with it in those States, 
where "by local law it exists ; but they demand, by a united 
voice in both branches of Congress, and by almost as united 
a sentiment at home, that it shall not be suffered to extend 
itself into those territories where by solemn covenant our 
nation has stipulated that it should never enter. The dis- 
passionate judgment of our citizens will at once teach them 
that this end, so much to be desired, cannot be promoted, 
but, on the contrary, must be seriously retarded, by the 
passage, or continuance on our statute book, of a law of 
acknowledged imconstitutionality. 

I therefore recommend that so much of this Act, entitled 
" An Act to protect the Rights and Liberties of the People 
of the Commonwealth of Massachusetts," as may conflict 
with the Constitution of the United States, and all laws 
made in pursuance thereof, be repealed. 

The last Legislature enacted a law for the suppression of 
the sale of intoxicating liquors, with more stringent provis- 
ions and heavier penalties than have heretofore entered into 
our legislation upon this subject. The question as to its 
expediency, and the good or evil results flowing from this 
enactment, were widely discussed before your constituents, 
and have materially affected the constitution of the present 
legislative body. Coming from all portions of the Common- 
wealth, with personal knowledge as to the practical operation 
of this Act, and the wishes of the people regarding it, and 
possessing the means of judging whether the past year's 
experience leads to a reasonable expectation that it can 
accomplish the purposes for which it was designed, your 
action in reference to it is awaited with great solicitude. 
Intemperance is a gigantic evil. Measures for its remedy 
demand the deepest feeling of the philanthropist, the pro- 
foundest thought of the patriot, and the wisest counsel of 
the statesman. 1 trust that your deliberations and conclu- 
sions will result in substantial and abiding good to our entire 
community, and to that end you shall liave my warmest 
sympathies and heartiest cooperation. 

There is one evil of comparatively recent growth, but of 
so grave a nature as to merit your consideration, which 
annually costs the State large sums of money, both by pro- 



GOVERNOR'S ADDRESS. 305 

longing the session, and by causing injudicious or unneces- 
sary grants, wliich the Legislature can materially lessen, if 
not wholly remove, by a course its own dignity and the 
welfare of the Commonwealth alike demand. I refer to the 
constant attendance on the sessions of the Legislature, of 
individuals who sell their adventitious personal or political 
influence to the highest bidder, for the purpose of procuring 
special charters, privileges or grants. Indifferent to the real 
merits of the questions at issue, anxious only to secure their 
own pay, usually contingent on their success, they officiously 
press their solicitations upon the honest and unsuspecting- 
legislator, and by partial and often false representations, 
secure the passage of measures by the use of means which 
render impartial debate impossible, and public deliberation 
a delusion. When legislation is transferred from the Hall 
and the Chamber to the Lobby, — when the legitimate action 
of the duly constituted committees is superseded by practices 
subversive of fair investigation, when ordinary business, and 
meritorious and unobtrusive claims are overridden by the 
clamorous demands of schemes bolstered into undue im])or- 
tance by a factitious public opinion, it is well to revert to the 
primary ol)jects and theory of public deliberative assemblies. 

The financial condition of our State is such as to demand 
rigorous and minute economy in every branch of public 
expenditure. It is my firm conviction that grants of money 
have been made, and expenditures authorized by the Legis- 
lature, for several years past, that the condition of our 
treasury, and the public necessity, did not warrant. Tlie 
time has fully come when all such grants should cease ; and 
I consider it, after mature reflection, to be my duty, in every 
instance hereafter, while I occupy my present post, to deem 
such appropriations proper objects of an executive veto, and 
to withhold my approval from any bill by which they may 
be authorized. 

For a number of years the annual deficit has been growing 
larger, and the excess of expenditure unpro\ided for, increas- 
ing, until now the sum of |825,000 is necessary, beyond our 
probable receipts, to enable us to liquidate our floating 
iudebted]iess at the close of the present year. The question 
as to what course shall be adopted to accomplish this end, 
you are called upon to determine. The State owns -^750,000 
of stock in tlie Western Railroad, but in my judgment it 
would be highly im])olitic, if practicable, to sell it at the 
present time. We have a just claim against the general 
government, amounthig to $227,176.48, for services per- 
formed, and expenditures actually made, to repel invasion 

39 



306 



GOVERNOR'S ADDRESS. 



during the war of 1812. If this sum is reimbursed at the 
present session of Congress, as it should be, and as every 
other claim of a similar nature already has been, it would 
absorb one-quarter of this floating debt. An indefinite, and 
by present law, unsalable interest in the Back Bay Lands, is 
the only other property possessed by the State, the proceeds 
of which are not devoted to specific purposes. Under these 
circumstances, it only remains to fund this floating debt or 
a portion of it, or to pay it by direct taxation. 

The Auditor has furnished me with the following table of 
approximate expenditures and receipts for 1855, which are 
contrasted with those of 1854 : — 



Expenditures. 

Legislative and Executive, . 
Scientific and Educational, . 
Interest on Public Debt, 
Charitable and Humane Purposes, 
Correctional and Preventive Purposes, 

Military 

Pub. Buildings not provided for by scrip, 



Keceipts. 

Bank Tax, .... 

Alien Passengers, . 

Income from Western Railroad, 

Sundry accounts, . 

Cash on hand, 



Add State Tax, 



1855. 

S473,250 00 
19,9G9 00 
108,517 00 
330,656 00 
236,961 00 
78,339 00 
130,640 00 

$1,378,332 00 

$578,983 00 

9,848 00 

101,169 00 

8,410 00 

18,609 00 

$717,019 00 
450,000 00 

$1,167,019 00 



Excess of expenditures over receipts, . $211,313 00 

The Auditor estimates the ordinary expenditures for the 

present year at about 

And the receipts at about 

Showing a probable deficiency for this year of 

Add to this the aggregate deficits previous to 1854, 

amounting to about 

The deficit for 1854, 

And the deficit for 1855, 

And it shows the amount of our floating debt, at the close 
of our present financial year, to be . 



1854. 

$354,398 00 

20,686 00 

100,652 00 

236,252 00 

170,355 00 

67,489 00 



$949,832 00 

$525,868 00 

50,000 00 

119,696 00 

9,308 00 

13,410 00 

$718,282 00 
*150,000 00 

$868,282 00 

$81,550 00 



$1,121,600 00 
717,600 00 

$404,000 00 

128,000 00 

81,550 00 

211,313 00 



$824,863 00 



* There is an error of $150,000 in the amount of the State tax for 1854, in 
the schedule furnished by the proper department, but the estimates remain as 
originally presented to the legislature. 



GOVERNOR'S ADDRESS. 307 

Over half of the hicrease in the item of the Executive and 
Legislative Department for 1855, arises from the fact, that 
the House was larger than previous ones, and that the session 
was protracted to an unusual, though not unprecedented 
length, when it would have heen greatly sliortened but for 
the enormous pressure upon it of innumerable petitions for 
State aid to private schemes, and for grants of special fran- 
chises; while aljout !it^9,500 have been paid as indemnification 
for officers, and for refunding fines under that provision of 
the prohibitory liquor law of 1852 declared unconstitu- 
tional ; and $^16,000, or nearly all the remaining increase, 
has been incurred for State Printing, Indexes and Journals. 
The excess of !i!i96,000 in the Charitable and Hiunane 
expenses, is made up of an extraordinary grant of $25,000 
to the Idiotic School, and from the additional expenses of 
the four State Almshouses and new Lunatic Hospital, arising 
from the increased cost of the necessaries of life, and for 
their support during the whole year, instead of but eight 
months for the former and nine for the latter, as in 1854. 
The excess under the head of Correctional and Preventive 
expenditures, is attributable to the increase of the county 
balances, while the item of ■'f<130,640 for public buildings 
not provided for by scrip, comprises appropriations to that 
amount for the addition to the State House, for the four 
State Almshouses, and the Taunton Hospital, from the ordi- 
nary revenue, instead of the usual course of providing for 
such expenditures by a loan. The deficit in the receipts for 
Alien Passengers is owhig to $13,000 appearing in last 
year's account, which sum Avas actually received previously, 
and from the gratifying circumstance that the number of 
immigrants arriving in our State has sensibly diminished. 

Under the grants of the last session to the four State 
Almshouses, such necessary alterations in the structures 
have been made as the safety of the inmates actually 
required. At Rainsford Island a brick hospital has been 
commenced, though not yet wholly completed, calculated to 
contain a hundred female patients. At the three others, 
fire-proof buildings of brick and stone have been erected for 
domestic purposes, and no fires are now needed or used in 
the main buildings, excepting to heat them. The farms 
connected with each have been much improved, and a large 
proportion of the vegetables required by their occupants, has 
been produced by their labor. Their schools are in a satis- 
factory condition. Daily religious services are held in one 
of them, and in all on the Sabbath. 

The past year has also witnessed some impi-ovement in 



308 GOVERNOR'S ADDRESS. 

furnishing the inmates of these institutions with employment. 
In agricultural and domestic lahor, the larger portion of the 
paupers have been occupied. Still much remains to be done 
to secure to eadi some species of labor that will prevent the 
lazy from seeking a shelter, add to the health and comfort of 
all, and diminish, to some extent, the cost of their support. 

I again suggest, for the consideration of the Legislature, 
the propriety and ^^necessity of enlarging the powers of the 
Board of Alien Commissioners. It may be deemed advisable 
that a Board devoted solely to these duties, should be created, 
to consist of two persons besides the Alien Passenger Agent. 
They should have the entire regulation of the admission and 
transfer of paupers to the different Almshouses, — of remov- 
ing the alien pauper insane to the Lunatic Hospitals, — of 
sending paupers out of the State to those places where they 
have a settlement, — and authority to apprentice minors, — to 
examine books of Savings Banks when there is reason to 
believe persoils claiming support as foreign paupers have 
funds there invested, — to take measures to reimburse the 
State for what may have been expended for their support, — 
to sue for the recovery of any debts due, or property belong- 
ing to them, for the same end, — to pay the cost of transport- 
ing paupers to their friends when the interests of the Com- 
monwealth require it, — to investigate all cases of supposed 
settlements against towns or cities, — and to institute legal 
proceedings for reimbursement of expenses incurred within 
six years previous. 

One of the main purposes in establishing the State Alms- 
houses, was to prevent the constant conflict between the 
Town and State authorities, regarding the support of paupers ; 
but the law of last year, allowing towns payment for trans- 
porting them to these institutions, and for keeping those 
represented as sick, reopens this very difficulty. The law, 
moreover, is liable to great abuse. It has, during the short 
time of its operation, involved the State in an unnecessary 
expense of several thousand dollars, and therefore should be 
repealed. 

Under the vigilant and systematic supervision of the 
present officers, the State has been relieved during the year 
from the support of the following number of paupers : — 

Sent from Boston to Liverpool, 295 

Sent from Boston to various othei' places where they had 

settlements, 341 

And, under the laAv of May 24th, 1851, there have been 
returned to various places out of the State, from 

Boston, 378 

1,014 



GOVERNOR'S ADDRESS. "^09 



From State Almshouse at Tewksbury, . . . . 114 
From State Almshouse at Bridgewater, . . . . 11!) 
From State Ahiishouse at Monson, . . . . 01 



294 



Total, 1,308 

Had the laws not been thus enforced, it is believed that 
every one of these persons would now be inmates of our 
State Institutions, at a cost this year of at least one hun- 
dred thousand dollars, and the same amount per annum, 
hereafter, while they remained. Nearly every one of those 
shipped to Liverpool, went with their own consent, though 
some of the number, it appeared, were originally sent to 
this country as criminals or paupers. Had they been re- 
tained here, and we continued to allow our State to be the 
receptacle of the vicious, the degraded and the insane, whom 
foreign parsimony and cruelty might deliberately and 
unfeelingly send to our shores, additional Almshouses and 
Hospitals would be necessary for their shelter and confine- 
ment. Christian philanthrojiy should be exercised, as here- 
tofore, in every thing relative to their return ; but they 
should be sent back systematically, uniformly and speedily. 

On the last day of the session of the last Legislature, a 
Bill was presented for my consideration, authorizing an 
extension of the northerly shore of South Boston. As but 
a few hours of the session remained, and many other bills 
were awaiting my signature, no time was permitted me to 
give it that thorough investigation its importance demanded. 
A cursory examination showed that it limited the riparian 
owners, l)y arbitrary and fixed side lines, instead of allowing 
each one the flats appurtenant to his upland, extending in 
the same direction beyond the line of private rights, as they 
did Avithin it. I therefore did not sign the Bill, and it failed 
to become a law. 

Farther investigation has since satisfied me, that the Act 
in question involved gross violation of the private rights of 
a portion of the shore-owners, conferred improperly a large 
and valuable gift upon others, and was in its principles an 
anomaly in legislative grants. It is much to be desired that 
these flats should be improved up to the line which the State 
Commissioners have fixed, as the boundary, to which their 
filling will not be detrimental to the harbor of Boston. 
According to the report of various commissioners, the State 
has no vendible interest in these flats, but merely the right 
of eminent domain for the benefit of the public, subject to 
the right of the shore-owners to pass and repass, which it 



3f0 GOVERNOR'S ADDRESS. 

can at any time properly waive, when it conceives that the 
community will not be thereby injured. 

If it has no vendil)le interest, — and the petitioners for 
this Bill are unanimously of that opinion, — it necessarily 
follows that it has no interest which is properly the subject 
of a grant. Therefore it cannot establish artificial side 
lines, and bestow, by arbitrary metes and bounds, exorbi- 
tantly upon one, and little or notliing upon many. The 
most it can legitimately do, is to release its claim on all the 
flats within the limits of the commissioners' line, and leave 
the shore-owners to occupy and improve so much as is 
respectively appurtenant to their present property, according 
to the uniform principles of law, which the decisions of our 
courts, for nearly two hundred years, have recognized and 
established as the universal rule, equally api)licable to all 
the citizens and all the shore property of the Common- 
wealth. A Bill founded on such principles would have 
received my sanction. 

In pursuance of an Act of the last Legislature, a Board 
of Insurance Commissioners has been appointed, with. power 
to visit companies, inspect books, and examine officers under 
oath. The expediency of the establishment of tliis commis- 
sion will be apparent, when it is considered, that the amount 
of property insured in this Commonwealth, l:»y home and 
foreign companies, exceeds the enormous sum of //ye hun- 
dred and tvjeniy-five millions of dollars. There is abundant 
reason to believe that many times the cost of this commis- 
sion has already been saved by its preventing the admission 
into the Commonwealth of several insolvent and fraudulent 
companies from other States, which have attempted to do 
business here. 

It is important to the public security that the Legislature 
should proceed with the most cautious scrutiny in granting 
acts of incorporation, inasmuch as insurance charters have 
of late become articles of merchandise. It is ascertained 
that of more than sixty companies chartered within the 
past ten years, not one-third have gone into operation, and 
of the seventeen incorporated by the last Legislature, but 
four are now organized. 

The Commissioners, appointed by my predecessor, under 
the Act to establish a State Reform School for Girls, have 
selected, in the town of Lancaster, a site every way adapted, 
by natural facilities, for the intended purpose. The three 
main buildings are nearly completed, a house suitable for 
the superintendent and farmer being already on the place. 
A Board of Trustees from various sections of the State have 



GOVERNOR'S ADDRESS. 311 

been appointed, and, as required by law, have taken charge 
of the farm. A superintendent has already been chosen, 
by-laws prepared and approved, and in a few months the 
school will be opened for the reception of inmates. A 
small appropriation will be necessary to erect a chapel, to 
furnish the buildings, and to provide the necessary imple- 
ments and stock for the farm. The report of the Commis- 
sioners and Trustees will furnish farther information in 
reference to this institution. 

It is my duty only to remark that this school differs from 
every other in our country, in being intended exclusively 
for girls ; in its classification, gathering its inmates into 
small families by themselves, and thus securing home disci- 
pline ; and in placing the supervision and instruction of 
the several " homes " under their respective matrons. 
While it is a truly noble and Christian act in the State to 
make provision for its exposed children, and by the exercise 
of a wholesome and economical foresight to defend herself 
from sorer burdens in the future, yet the whole plan is a 
delicate experiment, which, though now promising beneficial 
results, requires the greatest prudence, patience, wisdom 
and humanity to insure its anticipated success. 

In pursuance of the provisions of an Act of tlie last 
Legislature, Commissioners have been appointed to erect, in 
western Massachusetts, a third Lunatic Hospital. After a 
personal examination of more than a hundred localities, a 
site, in every way admirably adapted to the purpose, has 
been selected and purchased, in the town of Northampton, 
contracts have been effected, in accordance with the plans 
decided on, and some progress made in the necessary pre- 
liminary labor. It is expected that the building will be 
completed and occupied during the ensuing year. Though 
it is thought l)y some, that the period, when a third Lunatic 
Hospital was absolutely necessary, has been somewhat antic- 
ipated, all can turn with pride to that Christian humanity, 
which places our State so far in advance of all others, in 
proportion to her population, in the care and comfort of 
this most unfortunate class. 

Our various other charitable and reformatory institutions, 
so far as I have been able to advise myself, are generally in 
a satisfactory condition, and compare very advantageously 
with those of any of our sister States. I refer you to the 
reports of their various boards of management for more 
minute particulars concerning them. 

No portion of my official dntics has been more agreeable 
than tliose performed as a. member of tlie State Board of 



312 GOVERNOR'S ADDRESS. 

Agriculture ; and, though the relative expenditure of money 
under this head is small, no department of government is 
intrusted witli a subject of more intimate concern to our 
entire community. The wise foresight, which encourages 
the different county societies by a State grant, and which 
gives to each of them a direct representation at the Central 
Board, where the experience of all is considered and com- 
pared ; and the practical sagacity which established the 
State Farm, where, without annual cost, valuable results 
are arrived at by experiments in fertilizers, in improving 
breeds of stock, in introducing vegetable productions new 
to the State, and in testing theoretical proljabilities by actual 
trials, have largely contributed to raise the standard of 
farming, and to stamp that degree of excellence on our 
agriculture, which our soil and climate would seem to for- 
bid, and to which, without these facilities, we should not 
liave attained. By these methods, judiciously improved, as 
they doubtless may be, it is possible that the agricultural 
perfection of Old England may be rivalled, or even sur- 
passed, and our State become the model farm of the world. 
During the past year, the gentleman, who has for seven 
years, ably and devotedly, filled the post of Secretary of the 
Board of Education, having been transferred to another 
field of labor, has resigned, and the Board have chosen a 
distinguished citizen of our State as his successor. The 
school returns for the past year present some interesting and 
gratifying results. They show, though the year was one of 
no inconsiderable financial embarrassment, an increase in 
the amount raised by voluntary taxation in the State, for 
the support of public schools, unparalleled in any one year 
before ; that this sum is double the amount raised for the 
same purpose only ten years ago ; that in no community in 
the world, probably, is so large a sum per head expended for 
educational purposes, and in none do the children so uni- 
versally avail themselves of this invaluable privilege. 

These returns show that tlie amount raised by vohintary 

taxation for support of public schools for the year was, $1 ,1 3 7,408 00 
The sum raised the previous year was, .... 1,013,872 00 

Increase, . . . . '. . . . S123,636 00 

The largest previous annual increase was but . . . $92,072 00 

The amount raised ten years ago, 1844-5, was but . . S576,55G 00 

The number of persons in the State between 5 and 15 

years, is 213,934 



GOVERNOR'S ADDRESS. 313 

The whole attendance upon public schools in the winter 

of 1854-5, was 202,709 

The whole attendance upon public schools in the summer 

of 1854-5, was 189,997 

The whole attendance ujion i^rivate schools and acade- 
mies, in 1854-5, was 22,287 

The value of all the school edifices in the State is'returned 

as * . . $4,576,457 00 

The aggregate ordinary annual expenditure for the edu- 
cation of our youth, exduxice of collegiate instruc- 
tion, and of interest on the cost of school-houses, by 

the actual returns, was S2,162,293 00 

or, ten dollars and eleven cents for each child in the 
State between five and fifteen years of age. 

These facts are presented not merely because they form 
the bright and truthful record of the past, but as an inccn 
tive to future effort in the cause of popular education. In 
no way can a republic be ennobled, or its individual mem- 
bers approach that high standard of intelligence and culti- 
vation, which fits them properly to perform their varied 
obligations, but by the systematic, thorough and universal 
education of each successive generation. 

In this connection I cannot forbear expressing my surprise 
that the liberal provision of the State for educating, in any 
college witliin its borders, a number of young men, on con- 
dition that they shall devote themselves to teaching for a 
limited period after graduating, is not more highly appre- 
ciated and eagerly embraced. Notwithstanding a very 
general notice in the public papers, several districts, entitled 
to a free scholarship, did not present a single candidate the 
past year, and the Board of Education, when assembled to 
consider applications for this privilege, was actually com- 
pelled to adjourn, leaving a portion of the scholarships 
unfilled, for want of applicants. 

The Report of the Adjutant-General will show that our 
State Military is in a flourishing condition. Our system has 
received high encomiums, from competent judges, as pos- 
sessing many advantages and few defects, and applications 
for copies of our laws havd been received from several 
States, with the view of incorporating into their own, some 
of its peculiar features. The discipline of our soldiery is 
admirable, and perfect harmony prevails throughout the 
different brandies of the service. It is to be hoped that a 
system, which has proved so successful, may remain without 
essential modification. No finer body of ten thousand young 
men can be found in the world, than the volunteer citizen 

40 



314 GOVERNOR'S ADDRESS. 

soldiery of Massachusetts. Differing in loyalty and enlight- 
ened patriotism in no way from our other citizens, their 
interests being our interests, and their rights our rights, it 
is apparent that both can be intrusted, in the hour of emer- 
gency, to none so safely, as to those having with us a com- 
mon brotherhood and a common destiny. 

About $50,000 have been received from tlie purchasers of 
eastern lands during the past year. Under a Resolve of the 
last Legislature, the Land Agent, on the first of January, 
advertised all tracts in Maine, on which notes were over 
due ; and all, on which such over duo notes shall not be 
paid, within one year, will revert to the State, and all pay- 
ments made thereon will be forfeited. In every instance, 
the Commonwealth is believed to be perfect!}'' secured for 
every dollar due. 

Although deeply conscious of the necessity of retrenching 
the expenditures of the State, a sense of duty compels me 
to suggest to your consideration the expediency of increasing 
the salaries of the Judges of the Supreme Judicial Court. 
They were established at their present amount, fifty years 
ago, when the expenses of a household, as well as the rates 
of professional emolument, were very far below the present 
standard. Then their duties occupied only eighteen weeks 
per annum, and now the whole year scarcely suffices for the 
performance of their increasing labors. It is asking too 
much of men, who are fitted by nature and culture for such 
exalted positions, to relinquish the professional emoluments 
their distinguished abilities would command, for the meagre 
salaries they now receive, which, though doubtless suitable 
to the period when they were originally established, are at 
the present time entirely inadequate. 

I recommend that no new bank charters be granted. 
Should it be your belief, that our present banking capital is 
not commensurate with the demands of our industry, a 
prudent and limited increase of the stock of existing institu- 
tions, is undoubtedly preferable to granting additional char- 
ters. Still, if increased capital is authorized at all, it should 
be permitted only in exceptional cases, sparingly and with 
caution. Our system of currency is so complicated and 
delicate, its beneficial worlving can be easily disturbed, and 
any legislation is to be deplored that would tend to impair 
its efficacy or disarrange its harmonious action. 

I would, however, renew a former suggestion, that holders 
of bills of insolvent banks should have, by law, a prior claim 
over other creditors. The wisdom of the Legislature might 
prefer as a substitute to reserve two per cent, of the annual 



GOVERNOR'S ADDRESS. 315 

Bank Tax, which would amount to about $12,000 per annum, 
until a guarantee fund of $100,000 was secured, which should 
be appropriated to the payment of the bills of a less denomi- 
nation than $10, of any bank, chartered by the Common- 
wealth, which should become insolvent. The bill holder 
takes trustingly whatever the State, under its special char- 
ters, permits to be issued as currency, confident that the law 
will protect him in so doing by all just enactments. In one 
insolvent bank, now in the hands of receivers, three thousand 
individuals are bill holders, two-thirds of them for less than 
120 each, and three-quarters of the whole number are labor- 
ers and females, who received the bills in payment for their 
individual labor. This plan would entitle our bank bills to 
such confidence throughout the Union, as would insure 
their general circulation, while the State would have a claim 
upon the insolvent bank for the amount it might redeem, 
and the poorer classes be protected, by the wise and paternal 
forethought of tlie government, from the loss of what per- 
haps is all they possess. 

The past year has witnessed renewed instances of fraud in 
making over-issues of stock in corporations, and, till a suita- 
ble penalty is affixed to such crimes, by legislative action, 
they will continue to be repeated, and their perpetrators to 
escape punishment. It is the duty of the Legislature to 
protect the innocent stockholder and creditor, by applying a 
stringent penalty to offences of this nature. 

The punishment now affixed by law to the crime of placing 
obstructions upon railway tracks is madequate, considering 
the heinousness of the offence. The murder of a single 
individual will hardly compare in enormity with perilling 
hundreds of lives by so dastardly a deed. As the present 
penalty proves insufficient to prevent its perpetration, I 
recommend that this infraction of the law be placed by stat- 
ute in the catalogue of the gravest felonies. 

At a late period in the last session, an able and valuable 
report was received and transmitted to the Legislature from 
the Commissioners appointed to establish lines in Mystic 
River, Boston Harbor and Dorchester Bay. Their sugges- 
tion that an application be made to the General Government 
for the appointment of a scientific board, to report upon the 
condition of the harbor, and to present a comprehensive plan 
for its improvement, which may serve to direct and regulate 
future constructions, is deemed by our commercial commu- 
nity of great practical importance. The Federal authorities 
would, undoubtedly, comply with such a request, without 
expense to the State, as they have done with respect to the 



316 GOVERNOR'S ADDRESS. 

harbors of Savannah, Charleston, Portland, and many other 
places. The judgment and advice of unprejudiced and 
skilful persons, familiar with the principles and practice of 
engineering in tidal rivers and harbors, would thus be 
secured in behalf of measures calculated to avert threaten- 
ing dangers, and subserve the necessities of the harbor of 
our commercial emporium. 

Gentlemen : — 

Under the gratifying approval of my official course, indi- 
cated by the recent action of my fellow-citizens in returning 
me to this important post of service, it will be my pleasure, 
as it is my duty, to address myself to a faithful discharge of 
all its functions, to the best of my abilities and understand- 
ing. Such approbation is the only reward I desire, other 
than the sanction of my own conscience and judgment. By 
those guides,' which, though not unerring, are the surest 
reliance of honest desire and pure intention, I shall be 
directed hereafter, as I have been heretofore. 

To you, gentlemen, I would suggest, the magnitude of the 
interests intrusted to your guardianship, the evil of incon- 
siderate and unnecessary legislation, the indispensable neces- 
sity of economy in all branches of expenditure, and, above 
all, the duty of placing the reputation of our State, and the 
interests of her people, above all narrow questions of politics 
or partisanship. May a wise and comprehensive statesman- 
ship control your decisions, an honorable patriotism consti- 
tute your paramount motive, and a wisdom be vouchsafed us 
from above, which shall enable us to promote the happiness 
and prosperity of our citizens, and enhance the honor of our 
Commonwealth. 



MESSAGES. 



To the President of the Senate : 

I transmit, herewith, for the use of the Legislature, the 
Second Annual Reports of the Inspectors of State Alms- 
houses at Briclgewater, Monson and Tewksbury. 

HENRY J. GARDNER. 

Council Chamber, January 7, 1856. 

To the President of the Senate : 

I transmit, herewith, a letter just received from the Hon. 
Albert H, Nelson, of Woburn, declining to accept the office 
of Attorney-General, to which he has been elected. 

HENRY J. GARDNER. 

Council Chamber, January 12, 1856. 

To the President of the Senate : 

I herewith transmit, for the use of the Legislature, the 
following Reports, which have been received by this depart- 
ment of the government, viz. : — 

1. Report of the Trustees of the State Lunatic Hospital 
at Worcester. 

2. Report of the Trustees of the State Lunatic Hospital 
at Taunton. 

3. Report of the Inspectors of the State Hospital at 
Rainsford Island. 

4. Fourth Annual Report of the Commissioners on the 
Back Bay. 

HENRY J. GARDNER. 

Council Chamber, January 16, 1856. 



318 MESSAGES. 

To the Speaker of the House of Representatives : 

1 herewith transmit, for the use of the Legislature, the 
following Reports, which have been received by this depart- 
ment of the government, viz. : — 

1. Reports of the Inspectors, Warden, Chaplain and 
Physician of the State Prison. 

2. Report of the Land Agent, 

3. Report of the Agent of Charles River and Warren 
Bridges. 

4. Report of the Superintendent of Alien Passengers. 

5. Report of the Commissioners appointed under Act of 
1855, for the erection of a third hospital for the insane. 

HENRY J. GARDNER. 

Council Chamber, January 16, 1856. 



To the Speaker of the House of Representatives : 

I transmit, herewith, the Report of the Commissioners of 
Pilots, appointed under chapter 421, of the Acts of 1855. 

HENRY J. GARDNER. 

Council Chamber, January 19, 1856. 



To the Speaker of the House of Representatives : 

I transmit, herewith, for the use of the Legislature, the 
Ninth Annual Report of the Trustees of the State Reform 
School, at Westborough, with the accompanying Reports of 
the officers of the Institution. 

HENRY J. GARDNER. 

Council Chamber, January 19, 1856. 



To the Speaker of the House of Representatives : 

I herewith transmit, to the House of Representatives, for 
the use of the Legislature, the following communication 
from the Adjutant-General. 

HENRY J. GARDNER. 

Council Chamber, January 19, 1856. 



MESSAGES. 319 

To the Speaker of the House of Represeiitatives : 

I transmit, herewith, for the consideration of the Legisla- 
ture, the following communication from the Governor of 
Vermont, with the accompanying Resolutions relating to 
the Territory of Kansas. 

HENRY J. GARDNER. 

Council Chamber, January 31, 1856. 

To the Speaker of the House of Representatives : 

I herewith transmit, for the use of the Legislature, the 
Report of the Commissioners, appointed under the 52d 
chapter of the Resolves of 1854, for the establishment of a 
State Reform School for Girls. 

HENRY J. GARDNER. 

Council Chamber, January 31, 1856. 

To the President of the Senate : 

I transmit, herewith, for the use of the Legislature, the 
Report of the Treasurer of the Marshpee and Herring Pond 
Indians. 

HENRY J. GARDNER. 

Council Chamber, February 6, 1856. 

To the Speaker of the House of Representatives : 

1 transmit, herewith, for the use of the Legislature, the 
Annual Report of the Commissioners of Alien Passengers. 

HENRY J. GARDNER. 

Council Chamber, February 1, 1856. 

To the President of the Senate : 

I transmit, herewith, for the information of the Legisla- 
ture, a communication from the Commissioner appointed 
under chapter 470, Acts of 1855. 

HENRY J. GARDNER. 

Council Chamber, February 8, 1856. 



320 MESSAGES. 

To the Speaker of the House of Representatives : 

I transmit, herewith, for the use of the Legislature, the 
Report of the Commissioners appointed under chapter 15, 
of the Resolves of 1855, to establish a boundary line between 
Gay Head and the town of Chilmark. 

HENRY J. GARDNER. 

Council Chamber, February 12, 1856. 

To the Speaker of the House of Representatives : 

I transmit, herewith, for tlie use of the Legislature, the 
Report of the Commissioners appointed under chapter 69, 
of the Resolves of 1855, to examine tlie title to certain 
lands in the town of Tisbury. 

HENRY J. GARDNER. 

Council Chamber, February 12, 1856. 

To the Speaker of the House of Representatives : 

In compliance with the request of the House of Repre- 
sentatives, contained in an Order of that branch, passed 
on the twenty-fifth instant, which has been duly communi- 
cated to mo, I transmit, herewith, the only " communication 
I have received in my official capacity, relative to the aifairs 
of Kansas." 

It consists of a brief letter of the twenty-first of January, 
which, from such inquiries as I have been able to make, 1 
believe to be authentic, purporting to be signed by J. H- 
Lane, C. Robinson and G. W. Deitzler, representing the 
existing condition of things in that Territory at the date 
of the letter, and the apprehension entertained by its inhab- 
itants of impending outrages from the anticipated incur- 
sions of evil disposed persons from the adjoining State of 
Missouri. 

While this document has no such official character as, 
in my judgment, to warrant the Governor in obtruding it 
upon the Legislature, or making it the subject of an execu- 
tive communication, I cheerfully avail myself of the Order 
of the honorable House of Representatives, to transmit it to 
that body, for such action as the Legislature may deem it 
proper to take in respect to it. 

HENRY J. GARDNER. 

Council Chamber, February 26, 1856. 



MESSAGES. 321 

To the Speaker of the House of Representatives : 

I transmit, herewith, for the information of the Legisla- 
ture, a communication from Colonel Thayer, of the United 
States Corps of Engineers, relative to a cession of jurisdic- 
tion on the part of the State to the General Government, of 
certain lands situated m the city of New Bedford, on which 
it is contemplated to erect fortifications, for the defence of 
that city. 

HENRY J. GARDNER. 

Council Chamber, March 12, 1856. 

To the President of the Senate : 

I herewith transmit, for the use of the Legislature, the 
Resolutions of the General Assembly of the State of Rhode 
Island, on the subject of French Spoliations, anterior to the 
year eighteen hundred. 

HENRY J. GARDNER. 

Council Chamber, March 12, 1856. 

To the President of the Senate : 

I transmit, herewith, a communication from the Gov- 
ernor of New Jersey, covering certain Resolutions of the 
Legislature of that State, relative to the construction of a 
Breakwater at Cape May. 

HENRY J. GARDNER. 

Council Chamber, March 24, 1856. 

To the President of the Senate : 

I transmit, herewith, for the use of the Legislature, the 
Annual Report of the Trustees of the Perkins Institution 
and Massachusetts Asylum for the Blind. 

HENRY J. GARDNER. 
Council Chamber, April 2, 1856. 

To the Speaker of the House of Representatives : 

I transmit, herewith, for the use of the Legislature, the 
Final Report of the Commissioners upon Charles River and 
Warren Bridges. 

HENRY J. GARDNER. 

Council Chamber, April 12, 1856. 

41 



322 MESSAGES. 

To the Speaker of the House of Representatives : 

I transmit, herewith, for the use of the Legislature, the 
Annual Report of the Trustees of the Massachusetts School 
for Idiotic and Feeble-Minded Youth, together with the 
Reports of the Superintendent and Treasurer. 

HENRY J. GARDNER. 

Council Chamber, April 12, 1856. 

To the Speaker of the House of Representatives : 

I herewitli transmit, for the use of the Legislature, certain 
Resolutions of the Legislature of the State of Ohio, relative 
to Kansas, which Resolutions were received from the Gov- 
ernor of that State. 

HENRY J. GARDNER. 

Council Chamber, May 6, 1856. 

To the Speaker of the House of Representatives : 

I return herewith, to the House of Representatives, in 
which branch of the Legislature it originated, a Bill, entitled 
" An Act to change the name of the Female Medical Educa- 
tion Society, to New England Female Medical College, and 
to reorganize the same." 

It is not necessary to make any reference to the general 
designs and purposes of the Bill, as my objections are limited 
to that feature of it whicli contemplates making certain State 
officers, ex-officiis, trustees of the Institution. Although this 
provision may not perhaps be deemed unconstitutional in 
the strict sense of the term, yet if the principle involved in 
it becomes the policy of Massachusetts, it is obvious that 
onerous and extra constitutional duties will be placed upon 
a portion of the paid officers of the Commonwealtli, which 
must necessarily deprive the State, to a considerable extent, 
of time and labor which should properly be devoted to the 
performance of their respective duties. 

This Bill provides that " the Lieutenant-Governor, the 
President of the Senate, tlio Speaker of the House of Repre- 
sentatives, tlie Secretary of the Commonwealth, and the 
Secretary of the Board of Education, for tbe time being, 
shall be, ex-ojjciis, members " of the Board of Trustees, 
elected from time to time, — and in conjunction with them, 
" to make by-laws, to appoint professors, who shall consti- 
tute a medical faculty, and to confer the usual degree of 
Doctor of Medicine." 



MESSAGES. 323 

It is a noteworthy fact tliat the original petition which ac- 
companies the Bill did not ask that any State officer should 
he, ex-officio, a member of the Board of Trustees, and that a 
Bill was reported, which passed the Senate, not containing 
this ohjectionable feature, Init that in the House a recom- 
mitment took place, and this provision was incorporated. 

In addition to the objection to this Bill already intimated, 
it is ajiparent that it gives the institution a reputation and 
influence, from its official connection with the State, that all 
other incorporated bodies for kindred or analogous purposes 
will much desire and be not slow to seek. Either this corpo- 
ration will have special favor shown it, or a multitude of others 
must claim their share of the attention of our State officers, 
to the infringement on time belonging to their regular duties. 

Moreover, the interest of this corporation would become 
to some extent, by the passage of this Act, identified with 
the Commonwealth, and an anomalous and hitherto unknown 
sanction given it, alike injurious to the dignity of the State 
and to the welfare of her people. For notwitlistanding this 
quasi endorsement of the State, it cannot be supposed that 
lier officers can be familiarized by a professional training for 
the proper performance of duties appertaining to a board 
required to select professors and confer degrees. 

For the reasons, then, that this unusual and objectionable 
privilege is granted, though not asked for at the outset by 
the petitioners, — that either it is a special privilege, given 
here and refused elsewhere, or if hereafter extended to simi- 
lar claimants, it must occupy the time of the officers of the 
Commonwealth, required for the performance of other 
duties, — that those officers cannot often be fitted by that 
purely professional training this trust peculiarly demands, — 
and that it compromises the dignity of the Commonwealth 
in making her in any way or to any extent a copartner in 
private enterprises of this nature, — I withhold my approval 
from the Bill. 

HENRY J. GARDNER. 

Council Chamber, May 8, 1856. 



To the Speaker of the House of Representatives : 

I herewith transmit, to the House of Representatives, for 
the use of the Legislature, a communication from the Sec- 
retary of State, and certain Resolves recently passed by the 
Legislature of the State of Maine, relative to Kansas. 

HENRY J. GARDNER. 

Council Chamber, Blay 17, 1856. 



324 MESSAGES. 

To the Speaker of the House of Representatives : 

I transmit, herewith, for the use of the Legislature, cer- 
tain Resolutions passed by the Legislature of New Hamp- 
shire, relative to Kansas, which Resolutions were received 
from the Governor of that State. 

HENRY J. GARDNER. 
Council Chamber, May 21, 1856. 



To the President of the Senate : 

I transmit, herewith, Resolutions passed by our sister State 
of Connecticut, expressive of its utter reprobation of the 
recent " brutal and cowardly violence on the floor of the 
Senate Chamber," and of its determination to stand side by 
side with Massachusetts, now as heretofore, in the assertion 
and defence of .freedom of thought and speech. 

I need not testify to the gratification such sentiments,^ 
from the intelligent and patriotic State of Connecticut, must 
convey to the judgment and feelings of all our people. 

HENRY J. GARDNER. 

Council Chamber, May 30, 1866. 



To the Speaker of the House of Representatives : 

I transmit, herewith, for the use of the Legislature, cer- 
tain Resolutions of the State of New Hampshire, relative to 
the passage, by the National Legislature, of a new Natitrali- 
zation Law. 

HENRY J. GARDNER. 

Council Chamber, June 3, 1856. 

To the Speaker of the House of Representatives : 

One of the Senators in the Congress of the United States^ 
from Massachusetts, having been struck down while at his 
post of duty, in a brutal, murderous and cowardly manner 
and suffered severe if not dangerous wounds, it seems to- 
me eminently proper that all expenses of his sickness should 
be assumed by the Commonwealth whose sovereignty he 
represents. 

I therefore submit the consideration of this question to 
the Legislature, for such action as they may deem expedient. 

HENRY J. GARDNER. 

Council Chamber, June 4, 1856. 



[Note. — This message avhs omitted from the volume of Acts and Re- 
polves of 1855, by direction of the late Secretary of State ; and this omis- 
sion having been deemed improper, it is now inserted.] 



To Vie Speaker of the House of Representatives : 

I have received the Address of the two branches of the 
Legislature, requesting that Edward Greeley Loring may be 
removed from the office of Judge of Probate for the County 
of Suffolk. 

In my Inaugural Address to the legislative branches of 
the government I used the following words : " I know no 
safer index in official action than a conscientious conviction 
of duty, — none more fluctuating than the attempt to satisfy 
temporary caprice. Principles are enduring ; and if disre- 
garded, sooner or later the verdict of condemnation will be 
recorded against those who are false to their requirements. 
Let us then be true to our country and our duty. Let the 
success of principle, not of party, be our desire — the benefit 
of the State, not of a faction, our aim." 

I have endeavored to examine the question submitted to 
me in the light of these principles alone. I desire to do 
right for the sake of the right, forgetful of expediency, and 
disregarding consequences. I ask only that conscientious 
motives may be attributed to me in my actions, and that my 
constituents may believe tliat obedience to justice is my sole 
desire. 

I shall not attempt so much to demonstrate the correct- 
ness of the result to which I have attained, as to narrate 
plainly and concisely the course by which my convictions 
have been formed. 

The Address of the two houses was presented mc on the 
third instant, in the following words : " The two branches of 
the Legislature, in General Court assembled, respectfully 
request that your Excellency would be pleased, by and with 
the advice and consent of the Council, to remove Edward 
Greeley Loring from the office of Judge of Probate for the 
County of Suftblk." 



// 



326 MESSAGES. 

Three courses present themselves for my adoption ; first, 
to request the Legislature to favor me with the reasons for 
such removal ; secondly, to act as I deem my duty without 
communication to the Legislature ; and thirdly, to give my 
reasons for the course which my convictions shall lead me 
to adopt. 

The original papers, now before me, demonstrate that in 
every instance on record, where Judges of this State liave 
been removed by address, full reasons for removal luive 
accompanied said addresses. Though anxious to have had 
the specific reasons assigned for tlie proposed removal, in 
order to avoid action on doubtful grounds, the Legislatwe 
having omitted to embody in the address the results of the 
investigation of its committee, carried on with facilities the 
executive department does not possess, rather than further 
prolong the session, I have concluded not to pursue the first 
course. 

As to the second, if a legislature ask the executive to per- 
form an act without specifying the reasons therefor, he may, 
without discourtesy, omit to assign the reasons which con- 
strain him to decline acceding to their request. But the 
nobler, manlier course is to adopt the third method, and this 
I now proceed to do. 

The question of acceding or declining to act in accord- 
ance with an address for such a removal is widely different 
from the constitutional power given the executive to sign or 
veto legislative enactments. In the latter case the Consti- 
tution limits the period that a bill shall be retained for con- 
sideration, and provides that a veto may be overruled by a 
two-thirds vote in both branches. It is wholly different in 
the case of a legislative address, no limit in time being 
fixed, and the action of the executive being final. Feeling 
deeply, then, the importance of a decision which must be a 
finality, I have still been impelled to hasten my reply, before 
the Legislature shall be prorogued, in order that further 
action may be had of a different nature should the two 
houses deem it advisable. 

The power of removing a Judge by address is founded on 

• the proviso to article 1st, chapter 3d of the Constitution, 

and is in the following words : " Provided, nevertheless, the 

governor, with consent of the council, may remove them 

upon address of both houses of the Legislature." 

It is very important this passage be examined in the light 
of contemporaneous exposition to ascertain the intent of 
the framers of our Constitution. The Convention that 



MESSAGES. 327 

adopted it met in Cambridge, September 1, 1779. By the 
journal of that Convention it appears that on Saturday, 
November 7, it was voted, 78 to 25, that the Judges of the 
Supreme Judicial Court should hold their offices during 
good behavior; and on Wednesday, February 16, 1780, the 
same tenure was adopted for the other judicial officers. On 
the same day the proviso before quoted " being read, was 
largely debated, when the same was put and accepted." 

I have in vain attempted to procure an outline of that 
debate, and cannot learn that it was ever printed ; the 
papers of the day containing no abstract of it, and no mem- 
orandum in manuscript being known to exist. We are 
therefore compelled to infer the intention of the framers of 
this proviso from collateral and nearly contemporaneous 
evidence, and to apply to its interpretation the immutable 
principles of right and justice that were never new, and 
never will be old. 

In the Address to the people of Massachusetts accompany- 
ing that Constitution, signed by James Bowdoin, as Presi- 
dent, is the following passage : " You will readily conceive 
it to be necessary for your own safety, that your Judges 
should hold their offices during good behavior ; for men 
who hold their places upon so precarious a tenure as annual 
or other frequent appointments, will never so assiduously 
apply themselves to study as will be necessary to the filling 
their places with dignity. Judges should at all times feel 
themselves independent and free." Such language indicates 
that the Convention intended that our Judges should hold 
their offices during good behavior, and not on " so precarious 
a tenure " as the will of the Legislature; and that it sol- 
emnly declared that their liability to removal, without rea- 
sons being given, Avitliout trial, and without an allegation of 
crime, would prove fatal to " the people's own safety," and 
the "independence and freedom" of the judiciary. 

A convention of delegates from the County of Essex was 
held at Ipswich to consider the constitution formed two 
years previous to that Convention whose action we havejust 
considered. In a very able address signed by Peter Coffin 
as chairman, and printed at Newburyport in 1778, on page 
39, it is forcibly affirmed, " the same power," that is tbe 
executive, " which appoints the Judges ought not to have 
the power of removing them, even for misbehavior." " Who- 
ever apj)oints the Judges, they ought not to be removable at 
pleasure. One of these two powers," (the executive and 
legislative,) " should appoint and the other remove." And 



328 MESSAGES. 

page 40, " neither will the executive body be the most 
proper judge when to remove. * * * * Let, therefore, 
the Judges be appointed by the executive body, let their 
salaries be independent, and let them hold their places 
during good behavior. Let their misbehavior be determined 
by the legislative body. Let one branch thereof impeach, 
and the other judge. Upon these principles the judicial 
body will be independent so long as they behave well, and a 
proper court is appointed to ascertain their mal-conduct." 

All these circumstances tend to show that the clause of 
the Constitution under consideration is not to be construed 
as conferring a power of removal at the mere wish of the 
Legislature. If it can be used once, it can a thousand 
times ; if to one jvidge, then to the whole bench ; if now, 
every year. Such an interpretation would directly conflict 
with other provisions of the instr\iment. 

If compared with the 29tli article of the Bill of Rights, 
is it not a contradiction in terms to say that " it is essential 
to the preservation of the rights of every individual, his 
life, liberty, property and character, that there be an impar- 
tial interpretation of the laws and administration of justice," 
and then to provide that its interpreters and administrators 
may be changed every year with each succeeding political 
revolution ? Is it not a futile declaration that "it is the 
right of every citizen to be tried by Judges as free, impar- 
tial and independent as the lot of humanity will admit," 
and then to add that they can be removed without reasons 
given, or crime alleged, if they will not surrender their 
freedom and abandon their independence at the behests of 
dominant parties ? 

If it be the meaning of this proviso that judicial officers 
may be removed without cause on address of the two houses, 
all sections of the Constitution referring to impeachment of 
Judges are superfluous. Why provide for impeachment and 
trial by the two branches, under the solemn forms pre- 
scribed, if an address from those two branches without con- 
fronting the culprit with his accusers, without even an 
alleged culprit, or any accusers, or any crime, may justify a 
judicial removal ? 

Is it not proper then to. inquire if there is any interpreta- 
tion which will make these seeming discrepancies harmo- 
nious, these indications of injustice unfounded, these apparent 
contradictions one homogeneons whole ? 

Such interpretation may be found by construing our Con- 
stitution as declaring that our Judges shall hold office during 



MESSAGES. 329 

good behavior, shall be removed by impeachment for crime, 
and by address for any dispensation of Providence that 
makes them, without criminality, incompetent to perform 
properly the duties of their office. 

This has often been affirmed to be its true intent by our 
wisest statesmen. For instance, in the debates of the Con- 
vention of 1820, Mr. Pickman, of Salem, said, " it was 
proper to have a provision of a similar nature, to meet such 
cases as were not a proper subject of impeachment, such as 
incapacity from natural infirmities." Mr. James Savage, of 
Boston, said he hoped " we should have the advantage of 
both modes of removal from office, by impeachment and 
upon an address of the Legislature, so as to meet the moral 
disqualifications and the natural disqualifications for office." 

Mr. Lemuel Shaw, our present chief justice said, " the 
general principle was that they should l)e independent of 
other persons during good behavior. What is meant by 
good behavior ? The faithful discharge of the duties of 
tiieir office. If not faithful, they were liable to trial by 
impeachment. But cases might arise when it might be 
desirable to remove a judge from office for other causes. 
He may become incapable of performing the duties of his 
office without fault. He may lose his reason or be other- 
wise incapacitated. It is the theory of our government that 
no man shall receive the emoluments of office without per- 
forming the services, though he is incapacitated by the 
Providence of God. It is necessary therefore that there 
should be provision for this case." 

I well know that in the same debate, distinguished and 
able constitutional lawyers assumed that this proviso might 
autliorize any or all judicial removals, in their arguments in 
favor of its modification ; and that in consequence of those 
arguments that Convention proposed its amendment. But 
the fact that this alteration was rejected by the popular 
vote, may be deemed a pregnant indication that the people 
of our State did not believe that so unlimited a power of 
removal was intended by that proviso, or that it would ever 
be so construed by the Legislature. 

I am fully scnsilile that the letter of the proviso, without 
reference to the context, seems to authorize the removal of 
any and all our judges by the executive, with the consent 
of the council, on an address of the Legislature. But I am 
constrained to Ijclieve that, judging by the rule that any 
instrument must be taken as a wliole, and all its provisions 
be scanned in the light of all its other provisions, tliis pro- 
viso was intended ))y its framers to apply only to those cases 

42 



330 MESSAGES. 

where a judge is incapacitated by the Providence of God, 
and having committed no crime cannot be reached by 
impeachment. 

This power has been exercised but twice in Massachusetts. 
First, in the case of Paul Dudley Sargent and William 
Vinall, Justices of the Court of Common Pleas in the 
County of Hancock, who, the address states " have been 
duly convicted before the Supreme Judicial Court holden 
within and for the said County of Hancock, of the crime of 
wilful and corrupt extortion in their offices of Justices of 
the Court of Sessions, by means of Avhich conviction the 
confidence of the people must be in a great degree dimin- 
ished in the said Sargent and Vinall, and the honor and 
dignity of the government require that men against whom 
such charges have been substantiated should not be per- 
mitted to exercise offices of such high trust and importance." 

It appears from the records of the council that these per- 
sons both tendered their resignations after the Legislature 
had voted the address and before executive action was had 
thereon, which, however, were not accepted, but they were 
removed. 

If the construction of the Constitution given by me is cor- 
rect, it was improper to remove these persons by address. 
They should have been brought to trial on impeachment, 
under the other provision of the Constitution, which refers 
to the commission of crime. And I find that John Quincy 
Adams, then a member of the senate, sustains this view, in 
a solemn protest which he caused to be entered on the jour- 
nal, March 4th, 1803, in the following words : "The sub- 
scriber requests that the following reasons for his dissent 
from the vote of the senate to accept the report of the com- 
mittee for addressing his excellency the governor to remove 
Paul Dudley Sargent and William Vinall from the offices of 
Justices of the Court of Sessions and of Common Pleas for 
the Counties of Hancock and Washington, may be entered 
upon the journals of the senate. 

" First. Because the grounds alleged in the said address 
for the removal are for official misdemeanors ; and the stib- 
scriber conceives it to be the intention of the Constitution 
that no judicial officer should be removed from office by the 
mode of an address of the two houses, on the ground of 
offences for the trial of which the Constitution has expressly 
provided tlie mode of impeachment. 

" Secondly. Because he considers the independence of the 
judiciary as materially affected by a mode of proceeding 
which in its effects must make the tenure of all judicial 



MESSAGES. 331 

offices dependent upon the verdict of a jury in any one 
county of tlie Commonwealth. 

" Thirdly. Because the decision of the senate in this case, 
affecting in the highest degree the rights, the character and 
reputation of two individual citizens of this Commonwealth, 
ouglit not to have been taken without giving them an oppor- 
tunity to be heard in their own defence." 

The other case of removal of a judge by address was that 
of Thcophilus Bradbury of the Supreme Judicial Court. 
The address was voted June 21st of the same year, 1803, 
and declares " they find that by a stroke of the palsy on the 
13th of February, A. D. 1802, the said Judge Bradbury lias 
been rendered unable to perform any duties of his oflice 
since that time ; that from the nature of the attack there is 
no reasonable ground to hope that he will ever be restored 
to such health as will enable him to perform the duties of his 
office, and therefore that his longer continuance therein is 
likely to embarrass the judiciary of this Commonwealth." 
Judge Bradbury being unable to appear in person when 
summoned before the executive, after being heard by coun- 
sel, was removed. 

This case came clearly within what I think is the intent of 
the Constitution, and it is to be remarked that John Quincy 
Adams, though still a member of the senate, did not protest 
against this action, as he did in the previous case, thus 
showing lie deemed it within the scope of constitutional 
power. 

In recapitulating this branch of tlie subject, I state, tliat 
though the tenor of the language of the Constitution seems 
to authorize this power in every case and without reasons 
given, I am nevertheless impelled to believe that such is not 
its true interpretation, from a comparison of the different 
clauses of that instrument, from the statement of the Address 
that accompanied it, from contemporaneous evidence, and 
from the uniform acquiescence of the State government, 
with one exception, and that exception having recorded 
against it the protest of no less a man than John Quincy 
Adams. 

But granting for the purpose of further consideration that 
the intention of the framers of our Constitution was to 
authorize, for any cause or for no cause, the removal of any, 
or all, of our judges by address of the Legislature to the 
governor, with the advice and consent of the executive 
council, I now proceed to examine in that light the present 
case. 

Either this clause authorizes removal only for an act of 



332 MESSAGES. 

Providence, there being no guilt as ground for impeachment, 
or it authorizes it at any or all times, without limitat?on, for 
cause or without cause. If this latter view is correct, and if 
such unlimited power is clearly given, the justice of using 
that power in the case of Judge Loring is the only question 
to be considered. 

It is not alleged that Judge Loring has committed any 
crime against the laws of the United States or of Massachu- 
setts. It is not alleged that he is rendered unfit for the 
performance of the duties of his office by insanity, physical 
incapacity, or any other visitation of Providence. This case 
then is the first during three-quarters of a century where it 
has been proposed to use this alleged constitutional power. 
This is to be a precedent by which our judicial officers are 
to be placed in tlie same category with postmasters under 
the General, and sheriffs under the State government, to be 
removed with every change of the ruling party. Judge 
Story said in tlie Convention of 1820, speaking of the very 
passage under consideration, " the first instance of removal 
would establish a practice wliich would never be departed 
from, of shifting the whole court with every change of the 
party in power." That which most degrades modern poli- 
tics, which most corrupts public morals, and prevents the 
best men from consenting to take offices of emolument, is 
the custom that long and constant precedent hardly palliates, 
but which has grown now to become almost a necessity, the 
removal of honest and faithful public officers to make room 
for the friends and supporters of the victorious party. There 
is no official action that so disgusts a high-minded man as 
this now necessary practice of removal. I would not be the 
first to introduce it even in respect to the most unimportant 
offices. When then I am solicited to perform an act which 
may be construed as inaugurating this custom, for a prece- 
dent during all time, as regards the judiciary, that body 
concerning whom the Bill of Rights declares, " that it is 
essential to the rights of every individual, his life, liberty, 
property and character, that there be an impartial interpre- 
tation of laws and administration of justice," and that " it is 
the right of every citizen to be tried by judges as free-, im- 
partial and independent as the lot of humanity will admit," 
is it strange that I recoil from the task with distrust and 
alarm ? 

The next reason why I hesitate to remove Judge Loring, 
assuming the power so to do to be clear and positive, is that 
no crime is alleged against him, in office or out, and no inti- 
jnatjoii is given that he has not satisfactoi41y and faithfully 



MESSAGES. 333 

performed his duties as Judge of Probate. Tlie 12th article 
of the Bill of Rights declares that " no subject shall be held 
to answer for any crimes or offence until the same is fully 
and plainly substantiated, and formally described to him." 
In the case of address the Legislature acts as a public prose- 
cutor or grand jury, to frame tlie indictment ; and an indict- 
ment without an allegation of crime would be quashed at 
once by the court. The executive acts as the court in this 
case, and certainly should not condemn without some speci- 
fication of criminality. 

But it is alleged there was that action in the case of Judge 
Loring which, without being an overt crime, renders him so 
obnoxious and objectional)le as to make his removal desirable. 
Still, that removal should take place in a way unquestionably 
constitutional ; in such a manner that while the obnoxious 
individual is removed from his public post, no precedent is 
established pregnant with evil to those who may come after 
him, and so that punishment shall follow only a plain viola- 
tion of law. 

Such a course is open for the Legislature to adopt. Li 
both branches an attempt was made to render the holding of 
the office of Judge of Probate incompatible with that of the 
Commissionership under which Judge Loring's action was 
deemed obnoxious and objectionaljle. 

To the allegation that Judge Loring has shocked tlie pop- 
ular sentiment of Massachusetts, it may be pertinent to ask 
what the duty of judges is. Are they to expound the laws 
as made by the law-making power ; or are they to construe 
them in accordance Avith popular sentiment ? When the 
time arrives that a judge so violates his oath of office as to 
shape his decisions according to the fluctuations of popular 
feeling, we become a government, not of laws, but of men. 

Supposing, as is alleged, that according to the ordinary 
balancing of conflicting testimony, the decision of Judge 
Loring was erroneous ; no one asserts or believes that he 
wilfully adjudicated wrongfully and corruptly. The error, 
if error it be considered, was a mistake. Is a judge then to 
be removed from one office, because in another capacity he 
made an erroneous decision ? Is a judge to be removed 
from office, even if in the execution of that office he gives a 
mistaken judgment ? Such an impracticable and dangerous 
policy would lead to a daily removal among judicial officers 
of our inferior courts, so often are tlieir decisions overruled 
by higher tribunals. 

As to the allegation that the conduct of Judge Loring in 
this trial was- harsh, unfeeling, and not characterized by the 



334 MESSAGES. 

humanity Avhich the maxims of our jurisprudence throw 
around a prisoner, and that he did not give him the benefit 
of the doubt which the theory of our law, as okl as that law 
itself, grants every person arraigned, there is conflicting 
testimony. 

The senior counsel for Burns, perhaps as impartial a wit- 
ness as the nature of the case permits, testifies that he wrote 
in his private journal during the trial, — " The conduct of 
Judge Loring has l)een considerate and humane," and his 
present statement confirms his contemporaneous declaration. 
In sucli a conflict of testimony lot us grant Judge Loring 
the benefit of that doubt which he is accused of having with- 
held from the individual arraigned before his tribunal, lest 
we ourselves do violence to the same great and sacred prin- 
ciple which it is alleged he lost sight of in the exercise of 
his judicial function. 

As to the objection that Judge Loring did not act up to 
the convictions of the people of Massachusetts concerning 
the constitutionality of the law he was led to enforce, regard 
must be had to the constitution of the human mind, and the 
historical succession and position of events touching this 
enactment. Bearing in mind that the law of 1798 was 
repealed by implication by the act of 1850 — that accordingly 
the Massachusetts statute of 1843 became inoperative — that 
repeated attempts to re-enact it had failed in successive 
legislatures — that tlie highest judicial tribunals. National 
and State, and the large majority of the jurists and states- 
men of the Republic had pronounced tlie act constitutional 
— that a great political revolution had but recently swept 
the country, openly acknowledging it as a finality — that from 
commercial and other influences the county in which he 
exercised his judicial functions, and the people with whom 
he came in more immediate contact were imbued with simi- 
lar views — that the influences of the profession to which he 
Avas educated, and to which he had devoted the greater part 
of the ordinary life of man, naturally and universally develop 
a regard, and even reverence for existing laws and estab- 
lished institutions ; bearing in mind also that in the fervid 
excitement and unfolding of American ideas, the changes of 
popular sentiment tliat with such facility and rapidity em- 
body themselves in statutes and laws through the machinery 
of our elective bodies of legislation, must, and do frequent- 
ly, outrun the convictions of many of our citizens, it Avould 
seem to be going too far to hold in all cases the human mind 
amenable whenever it fails to come up to the impressions 
and sentiments of the day. 



MESSAGES. 335 

If we are so to hold, are we not digging a pitfall into 
which the most salutary enactments passed by the Legisla- 
ture this winter may at some future time be hurled with all 
who cling to their constitutionality and expediency ? It can 
hardly be denied that such is a fair and just illustration of 
the tendency of this policy, for it must be remembered that 
but five years ago the votes and voice of Massachusetts, in 
both houses of Congress, were given to the passage of the 
very statute under which Judge Loring acted. Would it 
be more strange if, within a few years, alien hands should 
control our State government, and bring this precedent for 
removing those from judicial office, who, in obedience to a 
law which has but just now received your sanction, should 
refuse to aid in naturalizing a foreigner in the courts of 
Massachusetts ? 

For these reasons, maturely considered, but hastily writ- 
ten, and many of which are merely glanced at without being 
fully developed, I am constrained to respectfully decline 
acceding to tlic address of the two branches of tlie Legisla- 
ture for the removal of Edward Greeley Loring from tlie 
office of Judo'C of Probate for the Countv of Suffolk. 

HENRY J. GARDNER. 

Council Chamber, Mai/ 10, 1855. 



A CONSTITUTION 



F O II M OF G O Y E R N M E N T 



Commantocjiltlr of Uassntlmsetts- 



P R E A ^I B L E . 

The end of the institution, maintenance and administra- objects of gov- 
tion of government, is to secure tlie existence of the body ""'"®'' " 
politic ; to protect it ; and to furnish the individuals who 
compose it, with the power of enjoying, in safety and tran- 
quillity, tlieir natural rights, and the blessings of life : and 
whenever these great objects are not obtained, the people 
have a riglit 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 RoJy politic, how 
individuals ; it is a social compact, by which the whole peo- its nature. 
pie covenants with each citizen, and each citizen with the 
whole po()])le, tliat all shall l)e governed l)y certain laws for 
the common good. It is the duty of the people, therefore, 
ill framing a constitution of government, to provide for an 
equitable mode of making laws, as well as for an impartial 
interpretation, and a faithful execution of them ; that every 
man may, at all times, find his security in them. 

We, therefore, the ])Ooj)le of Massachusetts, acknowledging, 
with gi'atcful hearts, the goodness of the great Legislator of 
the universe, in alTordiug us, in the course of his providence, 
an opportunity, deliberately and peaceably, without fraud, 
violence, or surprise, of entering into an original, explicit, 
and solemn compact Avitli each other ; and of forming a new 

43 



338 CONSTITUTION. 

constitution of civil government for ourselves and posterity ; 
and devoutly imploring his direction in so interesting a 
design, do agree upon, ordain and establish, the following 
Declaration of Rig-Iits, and Frame of Government, as the 
CONSTITUTION of the Commonwealth of Massachu- 
setts. 



PAUT THE FIRST. 

A Declaration of the Rig-hts of the Inhabitants of the 
Commonwealth of Massachusetts. 

natJTraui'ht^ -^^^' ^' ^^^ ^^^^'^ ^^^ bom IVcc and equal, and have cer- 
ofaiimeD. taiu uatural, csseutial, and Unalienable Hghts ; among which 
may be reckoned the right of enjoying and defending their 
lives and liberties ; that of acquiring, possessing, and pro- 
tecting property; in fine, that of seeking and obtaining their 
safety and happiness. 
Right and duty H. It is tlic right as well as the duty of all men in 

of public r^liffious • , 

worship. society, publicly, and at stated seasons, to worship the 

SUPREME BEING, the great Creator and Preserver of the 

Protection there- \iniverse. And no subject shall be hurt, molested, or 
restrained, in his person, liberty, or estate, for worshipping 
GOD in the manner and season most agreeable to the dic- 
tates of his own conscience ; or for his religious profession 
or sentiments ; provided he doth not disturb the public 
peace, or obstruct others in their religious worship. 

See amendments, HI. As tlic liappiucss of a pcoplc, and tlic good order 
and preservation of civil government, essentially depend 
upon piety, religion and morality ; and as these cannot be 
generally diffused through a community, but by the institu- 
tion of the public worshop of GOD, and of public instructions 

Legislature cm- in piety, rcligiou and morality: Therefore, to promote their 

powered to com- i--, '' -, ,^ . „ 

pel provision for liappuicss, aud to sccurc tlic good order and preservation oi 
pu he woidiip, w^Q^Y government, the people of this Commonwealth have a 
right to invest tlieir legislature with power to authorize 
and require, and the legislature shall, from time to time, 
authorize and require, the several towns, parishes, precincts, 
and other l)odies politic, or religious societies, to make 
suitable provision, at their own expense, for the institution 
of tlie j)ublic worship of GOD, and for the support and 
maintenance of public Protestant teachers of piety, religion 



CONSTITUTION. 339 

and morality, in all cases M^here such provision shall not be 
made voluntarily. 

And the people of this Commonwealth have also a right and to enjoin at- 
to, and do, invest their legislature with authority to enjoin on° ^^eeHmc^t 
upon all the subjects an attendance upon the instructions of '"''"**•**■*• ^^ 
the pulilic teachers aforesaid, at stated times and seasons, if 
there be any on whose instructions they can conscientiously 
and conveniently attend. 

Provided notwithstanding, that the several towns, par- Exclusive right of 
ishes, precincts, and other bodies politic, or religious societies, terche^B secured* 
shall, at all times, have the exclusive right of electing their 
public teachers, and of contracting with them for their sup- 
port and maintenance. 

And all moneys, ])aid by the subject to the support of^'pf'"" "^ «? 
pulilic worship, and of the public teachers aforesaid, shall, tlxe™ ^m^rv be 
if he re(]uire it, be uniformly applied to the support of the ^''"'^'' ""'*■'"■ *"" 
pul)lic teacher or teachers of his own religious sect or 
denomination, provided there be any on whose instructions 
he attends ; otherwise it may be paid towards the support sw aun-naincuts. 
of the teacher or teachers of the parish or precinct in which '^'■'•'^'• 
the said moneys are raised. 

And every denomination of Christians, demeaning them- ah dciH-mima- 
selvcs peaceably, and as good subjects of the Commonwealth, teXr""'"'^ '""' 
shall be equally under the protection of the law : and no subordination of 
subordination of any one sect or denomination to another « prohibited.""'" 
shall ever be established by law. 

lY. The people of this Commonwealth have the sole and Right of ,-=eif-gov- 
cxclusive right of governing themselves, as a free, sovereign, ^™'"^'i* ^•'<="''«'^- 
and independent State ; and do, and forever hereafter shall, 
exercise and enjoy every power, jurisdiction, 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, 
executive, or judicial, are their substitutes and agents, and 

are at all times accountable to them. 

VI. No man, nor corporation, or association of men, services rendered 
have any other title to obtain advantages, or particular and ing the^oniy^itie 
exclusive privileges, distinct from those of the community, ]%^*'"h!freduary 
than what arises from the consideration of services rendered °%es are absurd 

1 IT T ii • j-ji 1 • • • 1 T and umiutural. 

to the pubhc ; and this title being 111 nature neither heredi- 
tary, nor transmissible to children, or descendants, or rela- 
tions by blood, the idea of a man born a magistrate, lawgiver, 
or judge, is absurd and unnatural. 



340 CONSTITUTION. 

Objects of Kov- VII . Government is instituted for the common good ; 

ofTetpie t"*in- for tlic protection, safety, prosperity and happiness of the 

chMige^it*^ people ; and not for the profit, honor, or private interest of 
any one man, family, or class of men : Therefore the people 
alone have an incontestable, unalienable, and indefeasible 
right to institute government; and to reform, alter, or totally 
change the same, when their protection, safety, prosperity 
and happiness require it. 

Right of people to YUL lu ordcr to prevent those, who are vested with 

Becure rotation in.,.,j^ i • ,i -i ■• ' ^ j. 

office. authority, from becommg oppressors, the people have a right, 

at such periods and in such manner as they shall establish 
by their frame of government, to cause their public officers 
to return to private life ; and to fill up vacant places by 
certain and regular elections and appointments. 
All, haTing the IX. All clcctions ought to ]>e free; and all the inhabi- 
prescHiTe^^equai- tants of tliis Commoiiwealth, haviug such qualifications as 
^y^*'"eibie to of- ^j-jgy shall establish by their frame of government, have an 
equal right to elect officers, and to be elected, for puldic 
employments. 
liight of protec- X. Eacli individual of the society has a right to be 
contributioa'^co?- protected by it in the enjoyment of his life, liberty and 
relative. property, according to standing laws. He is obliged, con- 

sequently, to contribute his share to the expense of this 
protection ; to give his personal service, or an equivalent. 
Taxation fonnrica when iiecessary : but no part of the property of any indi- 
on consent. yidual, caii, with justicc, bc taken from him, or applied to 
public uses, without his own consent, or that of the repre- 
sentative body of the people. In fine, the people of this 
Commonwealth are not controllable by any other laws, than 
those to which their constitutional representative body have 
Private property given tliclr coiisciit. Aiid whcncver the public exigencies 

not to be taken • ii^ii i c •i"*iii iii 

for public uses rcquirc that the property ot any individual should be appro- 
without, &c. priatcd to public uses, he shall receive a reasonable compen- 
sation therefor. 
liemedies, by re- XI. Evory subicct of tlic Commonwealtli ought to find 

course to the law, . tit- jiii f it 

to be free, com- a ccrtain rcmcdy, by having recourse to tlie laws, lor all 
piete, and prompt -jjj^^j^j^y Or wrougs whicli lic 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, con- 
formably to the laws. 
Prosecutions reg- XII. No subjcct sliall be licld to auswcr for any comes 
uiated. ^^ oftence, until the same is fully and plainly, substantially 

and formally, described to him ; or bc compelled to accuse, 
or furnish evidence against himself: and every subject shall 
have a right to produce all proofs that may lie favorable to 



CONSTITUTION. 341 

him ; to meet the witiict;ses against him face to face, and to 
be fully heard iu 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. 

And tiie legislature shall not make any law that shall |^s^»^tj|°J;:i^'.,J;y 
subject any person to a capital or infamous punishment, cases, except, &o. 
excepting for the government of the army and navy, without 
trial by jury. 

XIII. In crimijial ijrosecutions, the verification of facts, crimes to be 

i ' ' proved la the 

in the vicinity where they hapj^en, is one ot the greatest wiuity. 
securities of tlie life, liberty, and property of the citizen. 

XI \^. Every sul)iect has a right to be secure from all i''-'"' .^f search 

J •> _ ,. 1 • 1 • 1 ^"'' ■■seizure regu- 

uiircasonable searches and seizures ot his person, his houses, late i. 
his papers, and all his possessions. All warraiits, therefore, 
are contrary to this right, if the cause or founclation of them 
be not ])reviously supported by oath or affirmation ; and if 
tlic 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 the persons or objects of search, arrest, or 
seizure ; and no warrant ought to be issued but in cases, 
and with the formalities, prescribed by the laws. 

XV . In all controversies concerning proi^ertv, and in all !"s''* '° ^'f ' ^y 
suits between two or more persons, except in cases m which cept, &c. 
it has heretofore been otherways used and practised, 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' Avages, the 
legislature shall hereafter find it necessary to alter it. 

XYI. The liberty of the press is essential to the security Liberty of tue 
of freedom in a state : it ought not, therefore, to be restrain- '""''"'■ 
ed in this Commonwealth. 

XVII. The peoi)le have a right to keep and to bear arms i^'sht to keep ami 

(. ■. T/' k ^ • • o • bear arms. Stauil- 

lor the common deicnce. And as, in time oi peace, armies ing armies dan- 
are dangerous to liberty, they ought not to be maintained powel'' snhor'af- 
without the consent of the legislature; and the military '^•'''^ '''^ '^'^'''• 
power shall always l)e held iu an exact subordination to the 
civil authority, and be governed by it. 

XVIII. A frequent recurrence to the fundamental prin- Momi (nu.iifica- 
ciples of the constitution, and a constant adherence to those *'°°* f"'" °"^<=^- 
of piety, justice, moderation, temperance, industry, and fru- 
gality, are absolutely necessary to preserve the advantages 

of liberty, and to mahitain a free government. The people 



342 CONSTITUTION. 

ought, consequently, to have a particular attention to all 

those principles, in the choice of their officers and represen- 

5iorai obligations tatlvcs : aucl tlicj liavc a right to require of their lawgivers 

magiistfatcr ^^"^ and magistratcs, an exact and constant observance of them, 

in the formation and execution of the laws necessary for the 

good administration of the Commonwealth. 

Right of people to XIX. Tlic 1)601)16 liave a right, in an orderly and i)eace- 

mstructrepresen- ,, ^lli ij. ii j 

tatives and peti- able manner, to assemhle to consult upon tlie common good; 
tion legislature, g-jye instructions to their representatives, and to request of 
the legislative hody, by the way of addresses, petitions, or 
remonstrances, redress of the wrongs done them, and of the 
grievances they suffer. 
Power to suspend XX. Thc powcr of suspcuding the laws, or the execution 
exeeutlou!"^ ^"""^ of tlic hiws, ouglit ucvcr to bo exercised but by thc legisla- 
ture, or by authority derived from it, to l)e exercised in such 
particular cases only as the legislature shall expressly pro- 
vide for. 
Freedom of dc- XXI. Thc frecdoui of dclibcratioii, spcccli and debate, 
reason thereof^ iu citlicr liousc of thc legislature, is so essential to thc rights 
of the people, that it cannot be the foundation of any accusa- 
tion or proseciition, action or complaint, in any other court 
or place whatsoever. 
Fi-equent scs- XXII. Thc Icgislaturo ought frequently to assemble for 
jeets thereof. tlic rcdrcss of gricvanccs, for correcting, strengthening and 
confirming the laws, and for making new laws, as the com- 
mon good may require. 
Taxation founded XXIII. No subsldy, cliargc, 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. 
Ex po8t facto laws XXIV. Laws uiadc to })unish for actions done before 
pro 1 itcd. ^Y^^ 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 govern- 
ment. 
Legi.siature not to XXV. No subjcct ouglit, lu auy casc, or in any time, to 
sonj&c. ° '^'''^" be declared guilty of treason or felony by the legislature. 
ExressiTe bail or XXVI. No magistrate or court of law shall demand 

fines, and cruel „„„„ *, „ l •! j.* • • n ■ w i. 

punishments, cxccssivc bail Or surctics, impose excessive fines, or mnict 
prohibited. cruel or unusual punishments. 

No soldier to be XXVII. Ill tiiiic of pcacc, 110 soldicr ought to be quar- 
hoSse7\tniess^,°^ tcrcd in any house without the consent of the owner ; and in 
*"■■ time of war, such quarters ought not to be made but by thc 

civil magistrate, in a manner ordained by the legislature. 
Citizens exempt XXVIII. No pci'soii caii ill any case be subjected to 
^tesB^™"*''^' law-martial, or to any penalties or pains, by virtue of that 



CONSTITUTION. 343 

law, except those employed in the army or navy, and except 
the militia in actual service, but by authority of the legisla- 
ture. 

XXIX. It is essential to the preservation of the rights ■^J^^'j^f .°^i*^j 
of every individual, his life, lil)erty, property and character, court 
that there ))e an impartial interpretation of the laws, and 
administration of justice. It is the right of every citizen to 

be tried by judges as free, impartial and independent as the Tenure of their 
lot of humanity will admit. It is,- therefore, not only the 
best policy, but for the security of the 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 them- 
selves well, and that tliey should have honorable salaries salaries. 
ascertained and established by standing laws. 

XXX. In the government of this Commonwealth, the separation of ex- 

. ^ in • 1 ,• ecutive, judicial. 

legislative department shall never exercise the executive and legislative de- 
and judicial powers, or either of them : the executive sliall ^"^^ '"*^" ^ 
never exercise the legislative and judicial powers, or either 
of them : the judicial shall never exercise the legislative and 
executive powers, or either of them : to the end it may 1)e a 
government of laws, and not of men. 



PART THE SECOND. 

The Frame of Government. 

The people, inhabiting the territory formerly called the 
Province of Massachusetts Bay, do hereby solemnly and mu- 
tually 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 i*gj-''='"!« 'i"- 

1 1 ri T T-r n i-» • partment. 

by two branches, a Senate and House of Representatives ; 
each of which shall have a negative on the other. 



344 -CONSTITUTION. 

See amendments, TliG legislative body sliall assciiible every year, on the last 
Wednesday in May, and at such other times as they shall 
judge necessary ; and shall dissolve and he dissolved on the 
day next preceding the said last Wednesday in May ; and 
shall be styled. The General Court op Massachusetts. 

GoTernoi-s veto. H. No bill Or resolvc of the senate or house of repre- 
sentatives shall become a law, and iiave force as such, until 
it shall have been laid before the governor for his revisal ; 
and if he, upon such rovision, approve thereof, he shall sig- 
nify his approbation by signing the same. But if he have 
any objection to the passing of such bill or resolve, he shall 
return the same, together with his objections thereto, in 
writing, to the senate or house of representatives, in which- 
soever the same shall have originated, who shall enter the 
objections sent down by the governor, at large, on their 

Mimay bepass- pecords, and proceed to reconsider the said bill or resolve : 

of each housetbut if, aftcr sucli reconsideration, two-thirds of the said 

notwithstanding, gg^jr^^g q^ housc of rcprcsentativcs, shall, notwithstanding the 
said objections, agree to pass the same, it shall, together 
witli the objections, be sent to the other branch of the legis- 
lature, 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 per- 
sons voting for, or against, the said bill or resolve, shall be 
entered upon the public records of the Commonwealth. 

See8inendment.><. ^jj(j jj^ ordcr to prcvcut uuneccssary delays, if any bill 
or resolve shall not be returned by the governor within five 
days after it shall have l)een presented, the same shall have 
the force of a law. 

General court m ^he gcueral court shall forever have full power and 

may constitute . ~ . . , . . ^ 

judicatories, authority to erect and constitute judicatories and courts oi 
^urso leroi . p^^^j.^^i^ q^, q^j^q^ courts, to bc held in the name of the Com- 
monwealth, for the hearing, trying, and determining of all 
manner of crimes, offences, pleas, processes, plaints, actions, 
matters, causes and things, Avhatsoever, arising or happening 
within the Commonwealth, or between or concerning per- 
sons inhabiting, or residing, or lu'ought within the same; 
whether the same be criminal or civil, or wliether the said 
crimes be capital or not capital, and Avhetlier the said pleas 
bc real, personal, or mixed ; and for the awarding and mak- 
courts,&c., may in g out of execution thereupon : to which courts and iudi- 

administer oaths. ,. ,, .^-, .T^n 'i 

catories are hereby given and granted lull power and 
authority, from time to time, to administer oatlis or affirma- 
tions, for the better discovery of truth in any matter in con- 
troversy, or depending before tlicin. 



CONSTITUTION. 345 

IV. And further, full power and authority are hereby General court 
given and granted to the said general court, from time to Sc^,^"^*^ ""*' 
time, to make, ordain and establish, all manner of whole- 
some and reasonable orders, laws, statutes and ordinances, 
directions and instructions, either with penalties orwitliout; 
so as the same be not repugnant or contrary to this consti- not ropugnant to 
tution, as they shall judge to be for the good and welfare of ^"^ '^""^ > u ion, 
Ihis Commonwealth, and for the government and ordering 
thereof, and of the subjects of the same, and for the neces- 
sary supixn't and defence of the government thereof; and may provide for 

, T ,,-1 n '•iTj^Ti !• tlie election or 

to name and settle annually, or provide by hxed laws, tor appointment of 
the naming and settling, all civil officers within the said '"^'='""'; 
Commonwealth, the election and constitution of whom are 
not hereafter in this form of government otherwise provided 
for; and to set forth the several duties, powers and limits, prescribe tueir 
of the several civil and military officers of this Common- '^""'^''' 
wealth, and the forms of such oaths or affirmations as shall 
be respectively administered unto them for tlie execution of 
their several offices and places, so as the same be not repug- 
nant or contrary to this constitution; and to impose and impose taxes; 
levy proportional and reasonable assessments, rates and 
taxes, upon all the inhabitants of, and persons resident, and 
estates lying, within the said Commonwealth; and also to duties and ex- 
impose and levy reasonable duties and excises upon any pro-'^"''"^^ 
duce, goods, Avares, merchandise, and commodities whatso- 
ever, brought into, produced, manufactured, or being within 
the same ; to be issued and disposed of by warrant, luider 
the hand of the governor of this Commonwealth for the time 
l)eiiig, with the advice and consent of the council, for the to be disposed of 
jmblic service, in the necessary defence and support of tlie tectiott &e'. '"^°' 
government of the said Commonwealth, and the protection 
and preservation of the subjects thereof, according to sucli 
acts as are or shall l)e in force within the same. 

And while the public charges of government, or any part A-aiuation of es- 
tliereof, shall be assessed on polls and estates, in the manner yeaw^'at Teilst" 
tliat has hitherto been practiced, in order tliat such assess- "'"'''' *"^- 
ments may be made with equality, there sliall Ije a valua- 
tion of estates within the Commonwealth, taken anew once 
in every ten years at least, and as much oftener as the gen- 
eral court sliall order. 

4i 



346 



CONSTITUTION. 



CHAPTER I 



SECTION II. 
Senate. 

orandbyw'hom ^^^'^^ ^- There shall be annually elected, by the free- 
eiectcd. holders and other inhaljitants of this Commonwealth, qual- 

See amendments, . r- -, • ,^ • ,•,,• • •ti/>, ji 

Arts. XIII. and iHcd as \\\ this constitution IS provided, lorty persons to be 
^^^' councillors and senators, for the year ensuing their election ; 

to be chosen by the inhabitants of the districts, into which 
the Commonwealth may from time to time be divided by the 
general court for that purpose : and the general court, in 
assigning the numbers to be elected by the respective dis- 
tricts, shall govern themselves by the proportion of the 
public taxes paid by the said districts ; and timely make 
known, to the inhabitants of the Commonwealth, the limits 
of each district, and the number of councillors and senators 
to be chosen therein : provided, that the number of sucli 
districts shall never be less than thirteen ; and that no dis- 
trict be so large as to entitle the same to choose more than 
six senators. 

And the several counties in this Commonwealth shall, 
until the general court shall determine it necessary to alter 
the said districts, be districts for the choice of councillors 
and senators, (except that the counties of Dukes county and 
Nantucket shall form one district for that purpose,} and 
shall elect the following number for councillors and sena- 
tors, viz. : — 



Oonnties to be 

districts, until, 

&c. 

See amendment; 

Art. XIII. 



Suffolk, . 


six. 


York, .... 


two 


Essex, 


six. 


Dukes Co. and Nantucket, . 


one 


Middlesex, . 


five. 


Worcester 


five 


Hampshire, 


four. 


Cumberland, 


one 


Plymouth, . 


. three. 


Lincoln, .... 


one 


Barnstable, . 


one. 


Berkshire, .... 


two 


Bristol, 


. three. 







Mannerand time II. Thc scuatc sliall bc tlic fii'st braucli of thc legisla- 
toraanTcSuS ture ; and the senators shall be chosen in the following 
i°rs- manner, viz. : there shall be a meeting on the first Monday 

See amendments, ill April, aiiiiually, forcvcr, of tlic inhabitants of each town 
in the several counties of this Commonwealth, to be called 
by the selectmen, and warned in due course of law, at least 
seven days before the first Monday in April, for the purpose 
See amendments, of electing persons to be senators and councillors; and at 
'^'"'■■^"' such meetings every male inhabitant of twenty-one years of 

age and upwards, having a freehold estate, within the Corn- 



Arts. ti.,x.,xiv. 

and XY 



CONSTITUTION. 347 

monwealth, 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 inhabitant. And to remove all doubts concerning the word "inhab- 

meaning of the word " inhabitant," in 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. 

The selectmen of the several towns shall preside at such selectmen to pre- 
meetings impartially, and shall receive the votes of all the meeti'iV""^'* 
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 sliall make a Return of votes. 
fair record, 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 fliir copy of tliis 
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 
expressing the purport of the contents thereof, and delivered 
by the town clerk of such towns, to the sheriff of the county sco amendments, 
in which such town lies, thirty days at least before the last ^'''^'- "• ^°'^ ^• 
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 sheriff of each county shall 
deliver all such certificates, by him received, into the secre- 
tary's office, 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 em- p\Tutauonsfwho 
powered and required to assess taxes upon themselves p^^ ^te^ **^^^' 
toward the support of government, shall have 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- Plantation meet- 
pose shall be held, annually, on the same first Monday in '"^'' 
April, at such place in the plantations, respectively, as the see amendments, 
assessors thereof shall direct ; which assessors shall have 
like authority for notifying the electors, collecting and Assessors to no- 
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 privi- 
lege of giving in their votes for councillors and senators, in 



348 CONSTITUTION. 

the town where tliey shall be assessed, and be notified of the 
place of meetinn^, by the selectmen of the town where they 
shall be assessed, for that purpose, accordingly. 
GoTernorand HI. And that tlicrc may be a due convention of sena- 

an^ne'andcount tors ou tlic last Wcducsday in May, annually, the governor, 
lummonses.''"'"'' ^Ith fivc of tlic couucil, for thc time being, shall, as soon as 
See amendments, may bc, cxamine the returned copies of such records; and 
'^''" ' ■ fourteen days before the said day, he shall issue his sum- 

mons to such persons as shall appear to be chosen by a ma- 
jority of voters, to attend on that day, and take their seats 
accordingly: provided, nevertheless, tliat for the first year, 
the said returned copies shall be examined l)y the president 
and five of the council of thc former constitution of govern- 
ment ; and the said president shall, in like manner, issue 
his summons to the persons so elected, that they may take 
their seats as aforesaid. 
Senate to be final IV. Tlic scnatc shall bc tlic final judge of the elections, 
"&c.Tof''i'ts 'own returns, and qualifications of their own members, as pointed 
members. q^^j. j^^ ^|^q constitutiou ; and shall, on the said last Wednes- 

See amendments, day iu May, aunually, determine and declare who are elected 
by each district, to be senators, by a majority of votes : and 
in case there shall not appear to be the full number of sena- 
tors returned, elected by a majority of votes, for any dis- 
trict, the deficiency shall be supplied in thc following man- 
vacancies, how ucr, viz. : Thc mcmbcrs 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 senators 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 
vacancies 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. 
Qualifications of V. Providcd, iieverthelcss, that no person shall be capa- 
see™mendments, blc of being clcctcd as a senator, who is not seized in his 
Art. xrii. Q^jj pigiji- Qf ^ 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 tlie same sum, and who has not 
been an inhabitant 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. 



CONSTITUTION. 349 

VI. Tlie senate shall have power to adjourn themselves, senate not to ad- 
provided such adjournments do not exceed two days at a tm)'^da™°'^^ 
time. 

A'^II. The senate shall choose its own president, appoint shaii choose its 
its own officers, and determine its own rules of proceedings. tl!b'iuhit"niies'. 

YIII. The senate shall l)c a court, Avith full authority, to shaii try aii im- 
hcar and determine all impeachments made by the house of^*^**^ 
representatives, against any officer or officers of the Com- 
monwealth, for misconduct and mal-administration in their 
offices : l)ut, previous to the trial of every impeachment, the oath. 
members of the senate sliall, respectively, be sworn, truly ' 
and impartially to try and determine the charge in question, 
according to evidence. Their judgment, however, shall not Limitation of 
extend further 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 
1)0, nevertheless, liable to indictment, trial, judgment and 
punishment, accordhig to the laws of the land. 

IX. Not less than sixteen members of the senate shall Quorum, 
constitute a quorum for doing l)usin(iss. 



CPIAPTER I. 

SECTION III. 
House of Representatives. 

Art. I. There shall be, in tlie legislature of this Com- Kepresentationof 
monwealth, a representation of the people, annually elected, *'^''^''°^''^' 
and founded upon the principle of equality. 

II. And in order to provide for a representation of the Representatives, 
citizens of this Commonwealth, founded upon the principle see'ame^dments 
of equality, every corporate town, containing one hundred ^jj^f '^"- ^"'^ 
aiul fifty ratable polls, may elect one representative ; every 
corporate town, containing three hundred and seventy-five 
ratable polls, may elect two representatives ; every corporate 
town, containing six hundred ratable polls, may elect three 
representatives ; and proceeding in that manner, making two 
hundred and twenty-five ratable polls the mean increasing 
number for every additional representative. 

Provided, nevertheless, that each town now incorporated, Proviso as to 
not having one hundred and fifty ratable polls, may elect lesTThanlso 
one representative ; but no place shall hereafter be incorpo- ^'^^^^^"^ p"""' 
rated witli the privilege of electing a representative, unless 
there are within the same one hundred and fifty ratable 
polls. 



Arts. XIII. and 
XIV. 



350 CONSTITUTION. 

Towns liable to And tliG hoiise of representatives sliall have power, from 

fine in case, &c. ,•!..• i • n ix in 

time to tune, to impose fines upon such towns as shall neg- 
lect to choose and return members to the same, agreeably to 
this constitution. 
Expense of trav- Tlic cxpenscs of travelling to the general assembly, and 

elling to and from . • ^ • ■ -, iii 

the general court, returning hoiuc, oiiCG 111 every session, and no more, shall 

how paid. i^g p^-^ ^^ ^j^g government, out of the public treasury, to 

every member who shall attend as seasonably as he can, 

in the judgment of the house, and does not depart without 

leave. 

Qualifications of III. EvciT member of the house of representatives shall 

a representative, -ii i •,, , i^ j. t ± j. 

See amendments, 06 clioseii oy writtcii votcs ; aiid, tor one year at least next 
preceding his election, shall have been an inhabitant of, and 
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 lie shall cease to represent the said town, 
immediately on his ceasing to be qualified as aforesaid. 

a voto-"**'""^ °^ ^^ ' ^^^ly male person, being twenty-one years of age, 
and resident in any particular town in this Commonwealth, 

See amendments, for tlic spacc of oiic year iicxt preceding, having a freehold 
'^'^ "^' estate within the same town, of the annual income of three 

pounds, or any estate of the value of sixty pounds, shall 
have a right to vote in the choice of a representative or rep- 
resentatives for the said town. 

Representatives, V. Tlic mcmbcrs of tlic liousc of representatives shall 

se'Tamendments, bc clioseii aimually ill tlic moutli of May, ten days at least 

Arts. X. and XV. ^eforc the last Wednesday of that month'. 

House alone can VI. The liousc of representatives shall be the grand 

impeach. inquest of this Commonwealth ; and all impeachments made 

by them shall be heard and tried by the senate. 

House to origi- VII. All moiicy bills shall originate in the house of rep- 

nate all money ^ i- ^ i_ ±^ x • i.\ 

bills. resentatives ; but the senate may propose or concur with 

amendments, as on other bills. 
Not to adjourn VIII. Tlic liousc of representatives shall have power to 
more an wo adjouHi tliemselvcs ; provided such adjournment shall not 

exceed two days at a time. 
Quorum. IX. Not Icss tliaii sixty members of the house of repre- 

sentatives shall constitute a quorum for doing business. 
House to judge of X. Tlic liousc of representatives shall be the judge of 
its own members; tlic rctums, clectioiis, aiid qualifications of its own members, 
to choose its offi- as poliitcd out in the constitution ; shall choose their own 
itTru"es,*&c. ^ speaker, appoint their own officers, and settle the rules and 
May punish for ordci's of proccediiig in their own house. They shall have 
certain offences, ^^^^^ority to puuisli by imprisoiimcnt, every person, not a 
member, who shall be guilty of disrespect to the house, by 



CONSTITUTION. 351 

any disorderly or contemptuous behavior in its presence ; or 
who, in the town where the general court is sitting, and dur- 
ing 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 therefor ; or 
who shall assault, or arrest, any witness, or other person, 
ordered to attend the house, in his way in going, or return- 
ing ; or who shall rescue any person arrested by the order 
of the house. 

And no member of the house of representatives shall be Priviiegeaof 
arrested, or held to bail on mean process, during his going "*"'** ^^^' 
unto, returning from, or his attending, the general assembly. 

XI. The senate shall have the same powers in the like Governor and 
cases ; and the governor and council shall have the same punuh. 
authority to punish in like cases : provided, that no impris- General limita- 
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 Trial may be by 

, . ,, - ii • • 1 J. 1 • -i committee, or 

determine all cases where their rights and privileges are otherwise, 
concerned, and which, by the constitution, they have author- 
ity to try and determine, by committees of their own mem- 
bers, or in such other Avay as they may, respectively, think 
best. 



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 COM- 
MONWEALTH OF MASSACHUSETTS ; and whose title lus titie. 
shall be — His Excellency. 

II. The governor shall be chosen annually ; and no per- to be chosen an- 
son shall I)e eligible to this office, unless, at the time of his Quauficatious. 
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 see amendments, 
Christian religion. '^'■'- ^" 



352 



CONSTITUTION. 



By whom chosen, 
if he have a ma- 
jority of votes. 
See amendments, 
Arts. n.,X., XIV. 
and XV. 



How cho.sen, 
when no per- 
son has a ma- 
jority. 



Power of govern- 
or, and of govern- 
or and council. 



Sime subject. 



See amendments 
Art. X. 



in. Those persons who shall be qualified to vote for 
senators and representatives, within the several towns of 
this Commonwealth, shall, at a meeting to be called for that 
purpose, on the first Monday of April, annually, give in their 
votes for a governor, to the selectmen, who shall preside at 
such meetings ; and the town clerk, in the presence and with 
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 numl^er 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 sheriff 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 secre- 
tary shall lay the same before the senate and the house of 
representatives, on tlie last Wednesday in May, to be by 
them examined ; and in case of an election by a majority of 
all the votes returned, the choice shall be by them declared 
and published ; but if no person shall have a majority of 
votes, the house of representatives shall, by ballot, elect 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 pro- 
ceed, by ballot, to elect one, who shall be declared governor. 

IV. The governor shall have authority, from time to 
time, at his discretion, to assemble and call together the 
councillors of this Commonwealth for the time being ; and 
tlie governor, with the said councillors, or five of them at 
least, shall, and may, from time to time, hold and keej) a 
council, for the ordering and directing the aflairs of the 
Commonwealth, agreeably to the constitution and the laws 
of the land. 

V. The governor, with, advice of council, shall have full 
power and authority, during the session of the general court, 
to adjourn or prorogue tlie same to any time the two houses 
shall desire ; and to dissolve the same on the day next pre- 

> ceding the last Wednesday in May ; and, in the recess of 
the said court, to prorogue the same from time to time, not 
exceeding ninety days in any one recess; and to call it 



CONSTITUTION. 353 

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 the members from 
their attendance, he may direct the session to be held at 
some other the most convenient place within the State. 

And the governor shall dissolve the said general court on see amendments, 
the day next preceding the last Wednesday in May. 

VI. Incases of disagreement between the two houses, Governor and 
with regard to the necessity, expediency, or time of adjourn- joum the general 
meut, or prorogation, the governor, with advice of the coun- &^.fbu?not e^x- 
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. 

VII. The governor of this Commonwealth, for the time Governor to be 
being, shall be the commander-in-chief of the army and navy , li^t^"^ ^^'^^' 
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 
occasion shall necessarily require ; and to take and surprise, 
by all ways and means whatsoever, all and every such person 
or persons, with their sliips, arms, ammunition and other 
goods, as shall, in a hostile manner, invade, or attempt the 
invading, conquering, or annoying this Commonwealth ; and 
that the governor be intrusted with all these and other 
powers, incident to the offices 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. 

45 



354 



CONSTITUTION. 



Governor and 
council may par- 
don offences, ex- 
cept, &c. 

But not before 
conviction. 



All judicial offi- 
cers, &c., how 
nominated and 
appointed. 
See amendments, 
Artg.XIV.,XVII. 
and XIX. 



Militia officers, 
how elected. 



See amendments, 
Art. V. 



How commis- 
sioned. 



Major-generals, 
how appointed 
and commis- 
sioned. 

Vacancies, how 
filled, in case, 



Officers, duly 
commissioned, 
how removed. 



Provided, that the said governor shall not, at any time 
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 inhabitants 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 
persons may be convicted of before the senate, by an impeach- 
ment of the house, shall be in the governor, by and with the 
advice of council ; but no charter of pardon, granted by the 
governor, with advice of the council, before conviction, shall 
avail the party pleading the same, notwithstanding any 
general or pjirticular expressions contained therein, descrip- 
tive of the offence or offences intended to be pardoned. 

IX. All judicial officers, the attorney-general, the solici- 
tor-general, all sheriffs, coroners, and registers of probate, 
shall be nominated and appointed by the governor, by and 
with the advice and consent of the council ; and every such 
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 
elected by the written votes of the train-band and alarm list 
of their respective companies, of twenty-one years of age 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 ; 
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. 

The major-generals shall be appointed by the senate and 
house of representatives, each having a negative upon the 
other ; and be commissioned by the governor. 

And if the electors of brigadiers, field officers, captains 
or 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. 

And no officer, duly commissioned to command in the 
militia, shall be removed from his office, but by the address 



CONSTITUTION. 355 

of both houses to the governor, or by fair trial in court mar- see amendments, 
tial, pursuant to the laws of the Commonwealth for the time ^^^' ^^ 
being. 

The commanding officers of regiments shall appoint their Adjutants, &c., 
adjutants and quarter-masters ; the brigadiers their brigade- *'°'^ appointed. 
majors ; and the major-generals their aids ; and the governor 
shall apppoint the adjutant-general. 

The governor, with advice of council, sliall appoint all 
officers of the continental army, Avhom Ijy the confeder- 
ation of tlie United States it is provided that this Com- 
monwealth shall appoint, — as also all officers of forts and 
garrisons. 

The divisions of the militia into brigades, regiments and organization of 
companies, made in pursuance of the militia laws now in 
force, shall be considered as the proper divisions of the mili- 
tia of this Commonwealth, until the same sliall be altered in 
pursuance of some future law. 

XL No moneys sliall be issued out of the treasury of Money, how 
this Commonwealth, and disposed of, (except such sums as tTeZnty^^^Jpt, 
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 
thereof, agreeably to the acts and resolves of the general 
court. 

XII. All public boards, the commissary-general, all ah public boards, 
superintending officers of public magazines and stores, quai-teriy returns 
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, quality and kind of each, as particularly as maybe; 
together with the condition of such forts and garrisons ; and 
the said commanding officer shall exhibit to the governor, 
when required by him, true and exact plans of such 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, despatches, and intelligences of a public 
nature, which shall be directed to them respectively. 



356 



CONSTITUTION. 



Salary of gov- 
ernor. 



Salaries of jus- 
tices of eupreme 
judicial court. 

Salaries to be en- 
larged, if insuffi- 
cient. 



XIII. As the public good requires that the governor 
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 
by law for the justices of the supreme judicial court. 

And if it shall be found, that any of the salaries aforesaid, 
so established, are insufficient, they shall, from time to time, 
be enlarged, as the general court shall judge proper. 



CHAPTER II. 



SECTION II. 



Lieutenant-gOT- 
ernor; his title 
and qualifica- 
tions. 

See amendments. 
Arts. III., VI., X! 
and XV. 



How chosen. 



President of 
council. 

Lieutenant-gov- 
ernor a member 
of, except, &c. 



Lieutenant- Governor. 

Art. I. There shall be annually elected a lieutenant-gov- 
ernor of the Commonwealth of Massachusetts, whose title 
shall be — His Honor ; and who shall be qualified, in point 
of religion, property, and residence in the Commonwealth, 
in the same manner with the governor ; and the day and 
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 
declaration of his election, shall be in the same manner ; 
and if no one person shall be found to have a majority of all 
the votes returned, the vacancy shall be filled by the senate 
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. 



CONSTITUTION. 357 

III. Whenever the chair of the governor shall be vacant, Lieutenant-gor- 
by reason of his death, or absence from the Commonwealth, I'^g'overnorTin 
or otherwise, the lieutenant-governor, for the time being, ''*^'''*"'' 
shall, during such vacancy, perform all the duties hicumbent 
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. 



CHAPTER II. 

SECTION III. 
Council, and the Manner of settling Elections by the Legislature. 

Art. I. There shall be a council, for advising the gov- councu. 
ernor in the executive part of the government, to consist of see amendments, 
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 shall be annually chosen from among Number; from 
the persons returned for councillors and senators, on the last rho°s™n.'^°^ ^""^ 
"Wednesday in May, by the joint ballot of the senators and see amendments, 
representatives assembled in one room ; and in case there and'xvi.' 
shall not be found, upon the first choice, the whole number 

of nine persons who will accept a seat in the council, the 
deficiency shall 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 if senators be- 

,1 iii/< xi J.T !• ,1, , come councillors 

persons thus elected trom the senate, ana accepting the trust, their scats to be 
shall be vacated in the senate. vacatea. 

III. The councillors, in the civil arrangements of the ^^^ °*' <^°"'i<='^- 
Commonwealth, shall have rank next after the lieutenant- 
governor. 

IV. Not more than two councillors shall be chosen out ^° district to • 

. /> 1 • /-< 11 have more than 

of any one district ot tins Commonwealth. t«o. 

V. The resolutions and advice of the council shall be Register of 
recorded in a register, and signed by the members present ; '^^^'^" 
and this record may be called for, at any time, by either 
house of the legislature ; and any member of the council 



358 CONSTITUTION. 

may insert his opinion, contrary to the resolution of the 
majority. 
Council to exer- VI. Whcnevcr the office of the e'ovcrnor and lieutenant- 

cise the power of ini ii r»n,ii 

governor, in case, governor shali DC vacant, by reason oi death, absence, or 
^'^' otherwise, then the council, or the 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. 
Elections may be VII. And whcrcas the elections appointed to be made 
&c. ' ' by this constitution, on the last Wednesday in May annually, 
by the two houses of the legislature, may not be completed 
on that day, the said elections may be adjourned from day 
Order thereof, to day, uutil the samc shall be completed. And the order 
of elections shall be as follows: the vacancies in the senate, 
if any, shall first l)e filled up ; the governor and lieutenant- 
governor shall then be elected, provided there should be no 
choice of them by the. people ; and afterwards the two hovises 
shall proceed to the election of the council. 



CHAPTER II. 

SECTION IV. 

Secretai-y, IVeasurer, Commissanj, Sfc. 

Secretary, &c. ; Art. I. Tlic sccrctary, trcasurcr and receiver-general, 
how'^ho^n.^" and the commissary-general, notaries public, and naval offi- 
Arte'!°iv^"^nd*^' cers, shall be chosen annually, by joint ballot of the senators 
x^"- and representatives, in one room. And, that the citizens of 

Treasurer ineiigi- tliis Commonwcaltli may be assured, from time to time, that 

ble for more than .1 • • • j.i i t x j.i j. 

five successive the moncys remamnig in the public treasury, upon the set- 
years, tlement and liquidation of the public accounts, are their 
property, no man shall be eligible as treasurer and receiver- 
general more than five years successively. 
Secretary to keep II. Tlic rccords of the Commoiiwealtli shall be kept in 

records ; to attend iirv- /»ii , i 'ii-ii-j? 

the governor and the oliice 01 thc scd'ctary, who may appoint his deputies, lor 
council, &c. whose conduct he shall be accountable, and he shall attend 
the governor and council, the senate and house of representa- 
tives, in person, or by his deputies, as they shall respectively 
require. 



CONSTITUTION. 359 

CHAPTER III. 

JUDICIARY POWER. 

Art. I. The tenure, that all commission officers shall by Tenure of aii 

11 . ., . rf Till 1 ' J.^ ' commissioned of- 

law have m then' offices, shall be expressed in their respec- fleers to be ex- 
tive commissions. All judicial officers, duly appointed, JudSai officers 
commissioned and sworn, shall hold their offices during good ,'° ''°'oo^''beha- 
behavior, excepting such concerning whom there is different vior, except, &c. 
provision made in this constitution : provided, nevertheless, ^"^^ ^^y ^,% "■*■ 

^ ^ ., ' , ' moved on address 

the governor, with consent of the council, may remove them 
upon tlie address of both houses of the legislature. 

II. Each branch of the legislature, as well as the governor Justices ofjiu- 
and council, shall have authority to require the opinions of court to give 
the justices of the supreme judicial court, upon important requiredT*"*" 
questions of law, and upon solemn occasions. 

III. In order that the people may not suffer from the Justices of the 

1 ,. . t \o • j"^- c ±\ 1 peace ; tenure of 

long continuance in place oi any justice of tlie peace, wfio their office. 
shall fail of discharging the important duties of his office 
witli aljility 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. 

TV. The judges of probate of wills, and for granting let- Provisions for 

n !••• iniiiji- 1 11 holding probate 

ters of administration, shall hold their courts at such place courts. 
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 appoint- 
ments, the said courts shall be holden at the times and places 
which the respective judges shall direct. 

V. All causes of marriage, divorce and alimony, and all ter°t^nrn''g caases" 
appeals from the judges of probate, shall be heard and deter- of marriage, di- 
mined by the governor and council, until the legislature ' 
shall, by law, make other provision. 



CHAPTER IV. 

DELEGATES TO CONGRESS. 

The delegates of this Commonwealth to the congress of ^«'^^**^^*° 

. o^ o congress. 

the United States shall, some time in the month of June, 
annually, be elected by the joint ballot of the senate and 



360 



CONSTITUTION. 



house of representatives, assembled together in one room ; 
to serve in congress for one year, to commence on the first 
Monday in November then next ensuing. They shall have 
commissions under the hand of the governor, and the great 
seal of the Commonwealth ; ])iit may be recalled at any time 
within the year, and others chosen and commissioned, in the 
same manner, in their stead. 



CHAPTER V. 



THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OF 
LITERATURE, &C. 

SECTION I. 

The University. 

Harvard College. Art. I. Wlicrcas our wisc and pious ancestors, so early 
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 

powew privi- ^hc othcr United States of America, — it is declared, that the 

leges, &c., of the tt ^ . i • 

president and fei- President and Fellows of Harvard College, m their 

lows, confirmed. . .. i j.i • • xi j. • j. 

corporate capacity, and their successors in that capacity, 
their officers and servants, shall have, hold, use, exercise 
and enjoy, all the powers, authorities, rights, liberties, priv- 
ileges, 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 suc- 
cessors, 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 
All gifts, grants, scvcral cliartcrs successively ; it is declared, that all the 
&c., confirmed. ^^-^ gifts, graiits, dcviccs, legacies and conveyances, are 
hereby forever confirmed unto the president and fellows of 



CONSTITUTION. 361 

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 the president, and a number of the 
clergy in the said act described, constituted the overseers of 
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 mag- 
istrates ; it is declared, that the governor, lieutenant-gov- who shaii be 
ernor, 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 witli the 
ministers of the congregational churclies 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 appertaining, to the overseers of Harvard Col- 
lege : provided, that nothing herein shall be construed to JjO^^r of aitera- 
prevent the legislature of this Commonwealth from making the legislature. 
siich alterations in the government of the said university, as 
shall be conducive 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 Massa- 
chusetts Bay. 



CHAPTER Y. 

SECTION II. 

The Encouragement of Literature, Sfc. 

Wisdom and knowledge, as well as virtue, diffused gen- Duty of legisia- 
erally among the body of the people, being necessary for tSTn Xfu- 
the preservation of their rights and liberties ; and as these seramendments. 
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 luii- 
versity at Cambridge, public schools, and grammar schools 
46 



362 CONSTITUTION. 

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. 



CHAPTER YI. 

OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OF 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 OP THE CONSTITUTION, &C. 

Art. I. Any person chosen governor, lieutenant-gov- 
ernor, councillor, 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 declara- 
tion, viz. : 
!STn!^^°*'' " ^' ^^- ^•' ^^0 declare, that I believe the Christian reli- 
gion, and have a 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 qualification 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 pres- 
ence of the two houses of assembly ; and the senators and 
representatives, first elected under this constitution, 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, sliall, before he enters on the discharge of the 
business of his place or office, take and subscribe the fol- 
lowing declaration, and oaths or affirmations, viz. : 
se^e amendments, u j^ j^ j^ ^ ^|q truly and sinccrcly acknowledge, profess, 
testify and declare, that the Commonwealth of Massachu- 



CONSTITUTION. 363 

setts 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 whatsoever ; 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, preeminence, 
authority, dispensing or other power, in any matter, civil, 
ecclesiastical or spiritual, within this Commonwealth ; except 
the authority 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, testi- 
mony, declaration, denial, renunciation and abjuration, 
lieartily and truly, according to the common meaning and 
acceptation of the foregoing w^ords, without any equivoca- 
tion, 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 

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." 

Provided always, that when any person, chosen or ap- 
pointed as aforesaid, shall be of the denomination of the 
people called Quakers, and shall decline taking the said 
oaths, he shall make his affirmation in the foregoing form, 
and subscribe the same, omitting the words " / do swear " 
'•^ and abjure,^'' ^' oat/i or,^^ '■'■and abjuration,^^ in the first 
oath ; and in the second oath, the words, " sivear 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:' 

And the said oaths or affirmations shall be taken and sub- 
scribed by the governor, lieutenant-governor, and council- 
lors, before the president of the senate, in the presence of 
the two houses of assembly ; and by the senators and repre- 
sentatives first elected under this constitution, before the 
president and five of the council of the former constitution ; 
and forever afterwards l)efore the governor and council for 



364 



CONSTITUTION. 



Plurality of ofiS- 
ces prohibited to 
goTernor, &c., 
except, &c. 



No governor, lieutenant-governor, or judge of the 



Same subject. 



Incompatible 
ofBces. 



See amendments 
Art. \'ni. 



Same subject. 



Bribery, &c., op- 
erates diequalifi- 
cation. 



Value of money 
ascertained. 



Property qualifi- 



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 

11. 
supreme judicial court, shall hold any other office or place, 
under the authority of this Commonwealth, except such as 
by this 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. 

No person shall be capable of holding or exercising at 
the same time, within this State, more than one of the fol- 
lowing offices, viz. : judge of probate — sheriff — register of 
prol^ate — or register of deeds ; and never more than any 
two offices, which are to be held by appointment of the gov- 
ernor, or the governor and council, or the senate, or the 
house of representatives, 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. 

No person holding the office of judge of the supreme 
judicial court — secretary — attorney-general — solicitor-gen- 
eral — treasurer or receiver-general — judge of probate — com- 
missary-general — president, professor, or instructor of Har- 
vard College — sheriff — clerk of the house of representatives 
— register of probate — register of deeds — clerk of the su- 
preme judicial court — clerk of the inferior court of common 
pleas — or officer of the customs, including in this description 
naval officers — shall at the same time have a seat in the 
senate or house of representatives ; but their being chosen 
or appointed to, and accepting the same, shall operate as a 
resignation of their seat in the senate or liousc of repre- 
sentatives; and the place so vacated shall be filled up. 

And the same rule shall take place in case any judge of 
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 
the legislature, or any office of trust or importance under 
the government of this Commonwealth, who shall, in the 
due course of law, have been convicted of bribery or cor- 
ruption, in obtaining an election or appointment. 

III. In all cases, where sums of money are mentioned in 
this constitution, the value thereof shall be computed in 
silver, at six shillings and eight pence per ounce ; and it 



specting com- 
missions. 



CONSTITUTION. 365 

shall be in the power of the legislature, from time to time, pations may be 

iTr» • i L f l^ increased. 

to increase such qualifications, as to property, or the persons 
to be elected to offices, as the circumstances of the Com- 
monwealth shall require. 

IV. All commissions shall be in the name of the Com- Provisions re- 
monwealth of Massachusetts, signed by the governor, and 
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- 
tlie courts of law, shall be in the name of the Common- ^^''''°° ^''^ 
wealth of Massachusetts ; they shall be under the seal of 

the court from Avhence they issue ; they shall bear test of 
the first justice of the court to which they shall be return- 
able, who is not a party, and be signed by the clerk of such 
court. 

VI. All the laws, which have heretofore been adopted, continuation of 
used and approved, in the Province, Colony, or State ofcept, &c. 
Massachusetts Bay, and usually practised 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 
arc repugnant to the rights and lil)erties contained in this 
constitution. 

VII. The privilege and benefit of the writ of habeas Benefit of habeas 
corpus shall be enjoyed in this Commonwealth, in the most except, &T"^ ' 
free, easy, cheap, expeditious and ample manner ; and shall 

not be suspended by the legislature, except upon the most 
urgent and pressing occasions, and for a limited time, not 
exceeding twelve months. 

VIII. The enacting style, in making and passing all acts, jhe^enacting 
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." 

IX. To the end there maybe no failure of justice, or officers of former 
danger arise to the Commonwealth, from a change of the thTuenn'ti^'&c. 
form of government, all officers, civil and military, holding 
commissions under the government and people of Massachu- 
setts Bay, in New England, and all other ojfficers 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 
legislative officers, bodies and powers, shall continue in full 
force, in the enjoyment and exercise of all their trusts, 
employments and authority, until the general court, and the 



366 



CONSTITUTION. 



ProTision for re- 
vising constitu- 
tion. 



supreme and executive officers under this constitution, are 
designated and invested with their respective trusts, powers 
and authority. 

X. In order the more effectually to adhere to the prin- 
ciples of the constitution, and to correct those violations 
which by any means may be 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 pre- 
cepts to the selectmen of the several towns, and to the 
assessors of the unincorporated plantations, directing them 
to convene the qualified voters of their respective toAvns 
and plantations, for the purpose of collecting their senti- 
ments on the necessity or expediency of revising the consti- 
tution, in order to amendments. 

And if it shall appear, by the returns made, that two- 
thirds of the qualified voters throughout the State, who shall 
assemble and vote in consequence 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 ofiice, 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. 

XI. This form of government shall be enrolled on parch- 
HshVng thi's con- ment, and deposited in the secretary's office, and be a part 

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. 



Same^subject. 



ProTision for pre^ 
serving and pub 



ARTICLES OF AMENDMENT. 



Bill, &c. not ap- Art. I. If any bill or resolve shall be objected to, and 

proved within five , iii -, • r> -, ■, 

days, not to be- uot approvcd Dy the governor ; and if the general court shall 
iTiXre ^'adjourn adjoum witliiu five days after the same shall have been laid 
in the mean time, before tlic govcnior for his approbation, and thereby pre- 
vent his returning it, with his objections, as provided by the 
constitution, such bill or resolve shall not become a law, 
nor have force as such. 



CONSTITUTION. 367 

Art. II. The general court shall have full power and General court 
authority to erect and constitute municipal or city govern- charts cuie3° 
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 constitution, and the manner of returning the 
votes given at such meetings : provided, that no such gov- Proviso, 
ernment shall 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 provided, also, that all by-laws, made by 
such municipal or city government, shall be subject, at all 
times, to he annulled by the general court. 

Art. III. Every male citizen of twentv-one years of age Qualifications of 

•'. -\ " .1 voters for gov- 

and upwards, (excepting paupers and persons under guar-ernor,iieutenant- 
dianship,) who shall have resided within the Commonwealth forTIndr* 
one year, and within the town or district, in which he may 
claim a right to vote, six calendar months next preceding 
any election of governor, lieutena.it-governor, senators, or 
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 Com- 
monwealth ; and also, every citizen who shall be by law 
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, sena- 
tors and representatives ; and no other person shall he 
entitled to vote in such elections. 

Art. IV. Notaries public shall be appointed by the gov- Notaries pubuc, 

. , ^ . , . . , Jy> • i j ho'' appointed 

ernor, in the same manner as judicial oincers are appointed, and removed. 
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. 

In case the office of secretary or treasurer of the Com- Jacanc^es^in^uie 
monwealth shall become vacant from any cause, during the ry and treasurer, 

„ ., 1 , ,1 -ii XI 1 • „ how filled in case, 

recess of the general court, the governor, with tiie advice &e. 

and consent of the council, shall nominate and appoint, |^/t*^^^J'"*"'*'' 



sena- 
represen- 
tatives. II Pick. 
538. 



368 CONSTITUTION. 

under such regulations as may be prescribed by law, a com- 
petent and 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 
pointed, in case, rcquirc tlic appoiutmcnt of a commissary -general, he shall 
^'^' be nominated, appointed and commissioned, in such manner 

as the legislature may, by law, prescribe. 
MUitia officers, All offiiccrs commissioucd to command in the militia, may 
be removed from office in such manner as the legislature 
may, by law, prescribe. 

Who may vote for Akt. V. lu tlic elcctious of captaius and subalterns of 

captains and sub- ,1 •i-,- n xi i n jt • 

aiterns. thc miiitia, all the members oi 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 taicen Art. VI. Iiistcad of tlic oatli of allegiaiice prescribed 
ya o cers, jjy ^j^g coustitutiou, the followiug oatli shall be taken and 
subscribed 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 faitli 
and allegiance to the Commonwealth of Massachusetts, and 
will support the constitution thereof. So help me, GOD." 
or affirmation, in Proimled, That wlicn any person shall be of the denomi- 
case, c. 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. VII. 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-gov- 
ernor, councillors, senators or representatives, to qualify 
them to perform the duties of their respective offices. 

Incompatibility Art. VIII. No judgc of any court of this Commonwealth, 
(except the court of sessions,) and no person holding any 
office under the authority of the United States, (postmasters 
excepted,) shall, at the same time, hold the office of gov- 
ernor, lieutenant-governor, or councillor, or have a seat in 
the senate or house of representatives of this Commonwealth ; 



CONSTITUTION. 369 

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, treasurer 
and receiver-general, register of probate, nor register of 
deeds, shall continue to hold his said office after being elected 
a member of the Congress of the United States, and accept- 
ing that trust ; but the acceptance of such trust, by any of 
the officers aforesaid, shall be 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- Amendmenta to 
ticular amendment or amendments to the constitution be ^ad^""""'''"'' 
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, 
referred to the general court then next to be chosen, 
and shall be pviblished ; and if, in the general court next 
chosen, as aforesaid, such proposed amendment or amend- 
ments 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 holden for that purpose, 
they shall become part of the constitution of this Common- 
wealth. 

Aet. X. The political year shall begin on the first "VVed- commencement 
nesday of January, instead of the last Wednesday of May ; °fp°"*"^'»^y^**"' 
and the general court shall assemble every year on the said 
first Wednesday of January, and shall proceed, at that ses- 
sion, 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 dissolved and terminatiou. 
on the day next pi-cceding the first Wednesday of January, 
without any proclamation or other act of the governor. 
But nothing herein contained shall prevent the general court 
from assembling at such other times as they shall judge 
necessary, or when called together by the governor. Tlie 
47 



370 CONSTITUTION. 

governor, lieutenant-governor and councillors, shall also 
hold their 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 Thc meeting for the choice of governor, lieutenant-gov- 
ernor, lieutenant- ernor, senators and representatives, shall be held on the 
wiTn to be hrfd! sccoud Mouday of November in every year; but meetings 
journel'"' may be adjourned, if necessary, for the choice of representa- 

see amendments, tivcs, to tlic ucxt day, aud agaiu to the next succeeding day, 
but no further. But in case a second meeting shall be 
necessary for the choice of representatives, such meetings 
shall be held on the fourth Monday 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 \yednesday 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 Tliis articlc shall go into operation on the first day of 
go into operation. Qctobcr, ucxt followiug thc day whou 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 wiiich the 
same shall be in force and go into operation, pursuant to the 
foregoing provision. 
Inconsistent pro- AH tlic provislous of tlic cxistiug coustitution, inconsist- 
Tisions annu e ^^^^ ^^.^j^ ^^^^ provisious liereiu contained, are hereby wholly 
annulled. 

Religious ft-eedom Art. XI. lustcad of tlic third article of the bill of rights, 
the 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 
of a people, and the security of a republican government ; 
therefore, the several religious societies of this Common- 
wealth, whether corporate or unincorporate, at any meeting 



CONSTITUTION. 371 

legally warned and lioldcn for that purpose, shall ever have 
the right to elect theu* 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 laAV." 

Art. XII. In order to provide for a representation of the census of ratable 

... /• ii • n iti r 11 XI • • 1 polls to be taken 

citizens 01 this Commonwealth, lounded upon the prmciples in i837, and de- 

of equality, a census of the ratable polls in each city, town ^^n'l'^'iy '^lereaf- 

and district of the Commonwealth, on the first day of May, 

shall be taken and returned into the secretary's office, in 

such manner as the legislature shall provide, witlnn 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 Representatives, 

or city having three hundred ratable polls at the last pre- se7amendmente; 

ceding decennial census of polls, may elect one representa- Art. xiii. 

tive, and for every four hundred and fifty ratable polls, 

in addition to the first three hundred, one representative 

more. 

Any town having less than three hundred ratable polls Towns having icss 
shall be represented thus : The whole number of ratable pou^, how'^repre* 
polls, at the last preceding decennial census of polls, shall be ^'*°**''- 
multiplied by ten, and the product 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 Franions, how 
or more representatives, with any number of polls beyond '^p''"^'"'"'^'' 
the necessary number, may be represented, as to that surplus 
number, by multiplying such surplus number by ten, and 
dividing the i)roduct by four hundred and fifty ; and such 
city or town may elect one additional representative as 
many years, within the ten years, as four hundred and fifty 
is contained in the product aforesaid, 



372 CONSTITUTION. 

Towns may unite Any two 01' Hiorc of tliG SGveral towiis aiicl districts may, 
uve diltricte^'' ^ by consent of a majority of the legal voters present at a legal 
meeting in each of said towns and districts, respectively, 
called for that purpose, and held previous 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 the 
election of a representative or representatives ; and such 
district shall have all the rights, in regard to representation, 
which would belong to a town containing the same number 
of ratable polls. 
The governor and Tlic govcmor and couucil sliall asccrtaiu and determine, 
mine the number within tlic mouths of July aud August, in the year of our 
to'^which'^eacT Lord ouc thousand eight hundred and thirty-seven, according 
town is entitled, ^q ^|jq forcgoiug priuciplcs, the number of representatives 
which each city, town and representative district is entitled 
to elect, and the number of years, within the period of ten 
years then next ensuing, that each city, town and repre- 
sentative district, may elect an additional representative ; 
and where any town has not a sufficient number of polls to 
elect a representative each year, then, how many years 
within the ten years, such town may elect a representative : 
New apportion- aud tlic samc sliall be done once in ten years thereafter, by 

menttobemade ,-. j .-, i ;i i i> j^ i i ii 

once in every ten thc govcmor aud couucil, and thc number ot ratable polls 
years. -^^ ^^^j^ dcccnnial 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 repre- 
sentative 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. 
vidons'annUld' ^^^^ ^^® provisious of tliG cxistiug coustitutiou inconsistent 
with the provisions herein contained, are hereby wholly 
annulled. 

Census of inhabi- Art. XIII. A ccusus of tlic inhabitants of cach clty aud 

tants to be taken , ,t n -i f -»r ini i -i 

in 1840, and de- towu, ou the tirst day of May, shall be taken and returned 
tw^for^bal^s^^'of iiito tlic sccrctary's office, on or before the last day of June, 
senat'orranTrep- ^^ ^^^^ J^^^^ '^^^^ thousaud eight huudrcd and forty, and of 
resentatives. Gvcry tcutli year thereafter ; which census shall determine 

the apportionment of senators and representatives for the 

term of ten years. 
tocts^'dMiared '^^^ scvcral senatorial districts now existing, shall be per- 
permanent. maucnt. Tlic scuate sliall consist of forty members ; and in 

the year one thousand eight hundred and forty, and every 



CONSTITUTION. 373 

tenth year thereafter, the governor and council shall assign 
the number of senators to he chosen in each district, accord- 
ing to the number of inhabitants in the same. But, in all 
cases, at least one senator shall be assigned to each district. 

The members of the house of representatives shall be nou^e ot repre- 

,• ^ • At f ^^ • T71 X -i sentatives, how 

apportioned m the follownig manner : Jiivery town or city apportioned. 
containing twelve hundred inhabitants, may elect one repre- 
sentative ; and two thousand four hundred inhabitants shall 
be the mean increasing number, which shall entitle it to an 
additional representative. 

Every town containing less than twelve hundred inhabi- smaiitowns, how 
tants shall be 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 inhabitants 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. 

Any two or more of the several towns may, by consent of Towns may unite 
a majority of the legal voters present at a legal meeting, in ilve districts^"''*' 
each of said towns, respectively, called for that purpose, and 
held before the first 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 district shall have all 
the rights, in regard to representation, which would belong 
to a town containing the same number of inhabitants. 

The number of inhabitants which shall entitle a town to BMisofrepresen- 

. . . , tivtion, and ratio 

elect one representative, and tlie mean increasing number, of increase. 
which shall entitle a town or city to elect more than one, 
and also the number by which the population of towns, not 
entitled to a representative every year, is to be divided, 
shall be increased, respectively, by one-tenth of the numbers 
above mentioned, whenever the population of the Common- 
wealth shall have increased to seven hundred and seventy 
thousand, and for every additional increase of seventy thou- 
sand 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 The governor and 

•11111 f r- 1 /»o 1 • rouncil to appor- 

council shall, before the iirst day 01 September, apportion tinn the number 
the number of representatives which each city, town and ofSuownonce 
representative district is entitled to elect, and ascertain how'°®''^''^*°°^'^'^ 
many years, within ten years, any town may elect a repre- 
sentative, which is not entitled to elect one every year ; and 
the governor shall cause the same to be published forthwith. 



Nine councillors shall be annually chosen from among the councillors to 
people at large, on the first Wednesday of January, or as people at large.' 



be 
the 



374 CONSTITUTION. 

soon thereafter as may be, by the joint ballot of the senators 

and representatives, assembled in one 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 other- 

Quaiifications of wisc. No pcrsou sliall bc 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. 

fua'i^fi'c'^ • '^*' "^ ^^ possession of a freehold, or of any other estate, shall 

required. bc required as a qualification for holding a seat in either 

branch of the general court, or in the executive council. 

Elections by the Art. XIV. lu all clcctions of civil officers by the people 
piuraHty°of/oteZ of tliis Commoiiwealtli, whose election is provided for by the 
constitution, the person having the highest number of votes 
shall be depmed and declared to be elected. 

Time of annual Art. XV. Tlic mccting for thc choice of governor, lieu- 

ernOTTnd°iegfs°ia- tenant-govcmor, senators and representatives, shall be held 

*"'■*'■ on the Tuesday next after the first Monday in November, 

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. 

Eight councillors Art. XVI. Eight couucillors shall be annually chosen by 

the peoVie^'^'' ^ tlic inhabitants of this Commonwealth, qualified to vote for 
governor. The election of councillors shall be determined 
by the same rule that is required in the election of governor. 

Lefrieiature to Tlic legislature, at its first session after this amendment 
shall have 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, without dividing any town or ward of 
a city, and each entitled to elect one councillor : provided, 
hoivever, that if, at any time, the constitution shall provide 
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, 

Qualification of 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 
preceding his election. The day and manner of the elec- 



CONSTITUTION. 375 

tion, the return of the votes, and the declaration of the said o^y and manner 

elections, shall be the same as are required in the election " " ''" '°"' 

of governor. Whenever there shall be a failure to elect the vacancies, how 

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 organization of 

.1 1 T 1 • J.1 • J.- c ±^ J. the government. 

tiiere may be no delay m the organization oi 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. 

Art. XYII. The secretary, treasurer and receiver-gcii- Election of secre- 
eral, auditor, and attorney-general, shall be chosen annually, auoitorandattor- 
on the day in November prescribed for the choice of gov- {^e ,?wp'i™'" ^^ 
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, tlic 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 vacancies, how 
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 ofiicer shall be 
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 tlie 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 
receiver-general, or auditor, or attorney-general, shall 
become vacant, from any cause, during an annual or special 
session of the general court, such vacancy shall in like man- 



376 CONSTITUTION. 

ner be filled by choice from the people at large ; but if such 
vacancy shall occur at any other thiie,it shall be supplied by 
the governor, by appointment, with the advice and consent 
of the council. The person so chosen or appointed, duly 
qvialified in other respects, shall hold his office until his suc- 
To qualify withiu ccssor is clioscu aud duly qualified in his stead. In case any 
office" to be dfiem- person choscu or apponited to either oi the oihces aioresaid, 
ed vacant. shall iicglect, for the space of ten days after he could other- 
wise 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 
Quaiifleations vacaiit, No pcrsou sliall be eligible to either of said offices 
requisite. inilcss lic sliall liavc bccn an inhabitant of this Common- 

Avealth five years next preceding his election or appoint- 
ment. 

School moneys Art. XVIII. All nioueys raiscd by taxation in the towns 
pried^for^secla- ^iid citlcs for tlic support of public schools, and all moneys 
rian school,.!. wliicli iiiay bc appropriated by the State for the support of 
common schools, shall be applied to, and expended in, no 
other schools than those which are 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 schools. 

Legislature to Art. XIX. Thc legislature shall prescribe, by general 
eiettion''of''shei- law, for tlic clectioii of sheriffs, registers of probate, commis- 
probate°'&""'' b"/ sioners of insolvency, and clerks of the courts, by the people 
the people. Qf ii^Q several counties, and that district-attorneys shall be 

chosen by the people of the several districts, for such term 

of office as the legislature shall prescribe. 

[Note. — The Constitution of Massaclnisetts was agreed upon by dele- 
gates of the people, in convention, begun and held at Cambridge, on the 
first day of September, 17 79, and continued by adjournments to tlie 
second day of March, 1780, 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 thorn, provided two-thirds 
of the votes given should be in the affirmative. When the convention 
assembled, it Avas found that the Constitution had been adopted by the requi- 
site number of votes, and the convention accordingly Resolved, " That the 
said Constitution or Frame of Government shall take place on the last 
Wednesday 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 twentv-fifth dav of October, 1 780. 



CONSTITUTION. 377 

The first nine Ai'ticles of Amendment were submitted, by delegates in 
convention assembled November 15, 1820, to the people, and by them 
approved and adopted, Aj^ril 9, 1821. 

The tenth Article of Amendment was adopted by the legislatures of the 
political years 1829-30, and 1830-31, 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, and was approved and ratified by the 
people, November 11, 1833. 

The twelfth Article of Amendment was adopted hy the legislatures of 
the political years 1835 and 1836, and was approved and ratified by the 
peojile, the fourteenth day of November, 183(3. 

The thirteenth Article of Amendment was adopted by the legislatures 
of the political years 1839 and 1840, and was approved and ratified by 
the people, the sixth day of April, 1840. 

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nine- 
teenth Articles of Amendment were adopted by the legislatures of the 
pohtical years 1854 and 1855, and ratified by the people the twenty-third 
day of May, 1855.] 



48 



LIST OP THE 

CIVIL GOVERNMENT 

OF TaE 

ODammanfoealtlj of Passacljusetts, 

AND OFPICERS IMMEDIATELY CONNECTED THEREWITH, 
FOR THE POLITICAL YEAR, 1856. 



CIVIL GOVERNMENT — 1856. 



UIS EXCELLENCY 

HENRY J. GARDNER, 

GOVERNOR. 



U 1 S HONOR 

HENRY W . B E N C H L E Y , 

LIEUTENANT-GOVERNOR. 



COUNCIL. 



HORACE LYMAN, 
UAVID DAVIS, 
CHARLES H. STEDMAN, 
JOSIAH G. PEABODY, 



MOSES G. COBB, 
JOHN KENRICK, 
CALEB D. HUNKING, 
EDWARD DENNY, 



THOMAS COLT. 



FRANCIS DeWITT, 

Secretary of the Commomoealth, 
CHARLES W. LOVETT, l,s< Clerli. ALBERT L. FERNALD, Id Ckrk. 

MOSES TENNEY, Jk., 

Treasurer and Bcceiver- General of the Commonwealth. 
DANIEL H. ROGERS, \st Cleric. JOHN H. SMITH, 2d Clerk. 

CHANDLER R. RANSOM, 

Auditor of Accounts. 
WILLIAM EVELETH, Clerk. 

FRANCIS M. ADAMS, 

Messenger to the Governor and Council, 



S K N A T E . 



ELIHU C. BAKER, 

PRESIDENT. 



SUFFOLK DISTRICT. 



Al)cl B. Mmiroe, George M. Tliacher, 

George Odioriic, Daniel Warren, 

Samuel S. Perkins, George W. Warren. 



ESSEX DISTRICT. 



John Batchelcler, Ben Osgood, 

Augustus C. Carey, William Sutton. 

William Hall, 



MIDDLESEX DISTRICT. 



Eliliu C. Baker, John A. Buttrick, 

Benjamin H. Brown, Abiel S. Lewis, 

Ephraim W. Bull, Z. L. Raymond. 

WORCESTER DISTRICT. 

Francis H. Dewey. Yelorus Taft, 

Jabez Fisher, Salem Towne. 

Artemas Lee, 

HAMPSHIRE DISTRICT. 

William S. Brakenridge, Oliver Warner. 

HAMPDEN DISTRICT. 

Hiram C. Brown, Beiming Lcavitt. 



382 SENATE. 

FRANKLIN DISTRICT. 

Almond Brainard. 

BERKSHIRE DISTRICT. 

Benjamin F. Mills, William Taylor. 

NORFOLK DISTRICT. 

James E. Carpenter, Benjamin F. White. 

Bradford K. Peirce, 

BRISTOL DISTRICT. 

David H. Bartlett, John Rogers. 

Joseph E. Dawley, 

PLYMOUTH DISTRICT. 

Amos Bates, Nathan King. 

BARNSTABLE DISTRICT. 

Sylvester Baxter, Alfred Kenrick. 

NANTUCKET AND DUKES CO. DISTRICT. 

John H. Shaw. 



PETER L. COX, Clerk. 

WILLIAM R. MARSH, Assist ant- Clerk. 

Rev. DANIEL C. EDDY, Chaplain. 

BENJAMIN STEVENS, Sergeant-at-Arms. 

WILLIAM M. WISE, Door-keeper. 
JOHN A. SARGENT, Assistant Door-keeper. 
WILLIAM SAYWARD, Postmaster. 
TILSON FULLER, Messenffor. 
WILLIAM R. WISE, Paffe. 



HOUSE OF REPRESENTATIVES. 



CHARLES A. PHELPS, 

SPEAKER. 



COUNTY OF SUFFOLK. 

Boston, Milton Austin, 

James H. Beal, 
Hiram Bos worth, 
Osmyn Brewster, 
Robert I. Biirbaiik, 
H. G. K. Calef, 
George P. Clapp, 
John Codman, 
Morrill Cole, 
Charles C. Conley, 
George Dennie, 
Charles Dupee, 
Micah Dyer, Jr., 
Charles Emerson, 
Lewis Endicott, 
Isaac W. Frye, 
Charles Hale, 
Theodore P. Hale, 
Samuel W. Hall, 
Daniel Hammond, 
Thomas Haviland, 
Calvin P. Hinds, 



884 



HOUSE OF P.ErrvESENTATIYES. 



Bos/oyi, 



Chelsea, 
North Chelsea, 



Justin Jones, 
Peter C. Jones, 
Noah Lincoln, Jr., 
Harrison Loring, 
William Makepeace, 
Watson G. Mayo, 
Elias Mcrwin, 
Richard Nutter, 

Charles A. Phelps, Speaker, 
John H. Pitman, 

George H. Plummer, 
William Pead, 

Harrison Ritchie, 

Charles 0. Rogers, 

John AV. Rogers, 

James W. Sever, 

Asa Swallow, 

David Thayer, 

Stephen Tilton, 

Charles Torrey, 

Edward A. Vose, 

J. Otis WiUiams. 

Samuel Batchelder, 

Samuel Orcutt. 

John F. Fenno. 



COUNTY OF ESSEX. 



Ameshury, 
Andover, 

Beverly, 

Boxford, 

Bradford, 

Danvers, 



Essex, 



Dudley Evans. 
Moses Foster, Jr., 
Gayton P. Osgood. 
John I. Baker, 
Richard P. Waters. 



Israel W. Andrews, 
Eben S. Poor, 
Alonzo P. Phillips. 
Samuel Story. 



HOUSE OF REPRESENTATIVES. 



385 



Georgetown^ 
Gloucester, 

Grove land, 

Hamilton, 

Haverhill, 

Ipswich, 
Lawrence, 



Lynn, 



Lynnfield, 

Manchester, 

Marblehead, 

Methuen, 
Middle ton, 
Nahant, 
Newbury, 
Neivburyport, 



North Andover. 
Rockport, 
Rowley, 
Salem , 



Salisbury, 
Saugus, 



Oeorge I. Tenney. 
Jeremiah R. Cook, 
^ Edward H. Pearce. 
John Tenney. 

Trueman M. Marty n,* 

"William Taggart. 
James Estes. 
John Gale, 
Benjamin Harding, 
Thomas W. Floyd. 
James S. Lewis, 
Roland Gr. Usher, 
William F. Johnson, 
Jesse K. Snow. 
David A. Titcomb. 
Albert E. Low. 
Franklin Knight, 
Thomas W. Webber. 
Joseph F. Ingalls. 



Joseph Lunt. 
Joshua D. Robinson, 
Daniel M. Reed, 
William H. Huse. 

Samuel York. 

Edward B. Arnold, 
John Chamberlain, 
George H. Devereux, 
Henry Luscomb, Jr., 
John W. Russell, 
John W. Rhoades. 
William H. Bagley. 
William H. Newhall. 



49 



* Deceased. 



386 



HOUSE OF REPRESENTATIVES. 



South Danvers, 
Swampscott, 
Tops/ield, 
Wenhavn, 
West Newbury, 



Joseph Z. Gordon. 



Acton, 

Ashhy, 

Ashland, 

Bedford, 

Billerica, 

Boxborough, 

Brighton, 

Burlington,' 

Cambridge, 



Carlisle, 
CharlestovM, 



Chelmsford, 

Concord, 

Dracut, 

Dunstable, 

Framingham, 

Groton, 

Holliston, 

Hopkinton, 

Lexington, 

Lincoln, 

Littleton, 



COUNTY OF MIDDLESEX. 

Aaron C. Handley. 



Zenas Herrick. 

William Warren. 

William Parker, 
Henry S. Hills, 
Franklin Hall, 
Asa F. Lawrence, 
Eben Manson. 

James Emery, 
Lyman B. Goss, 
Joseph Lovett, 
Edward R. Robinson, 
Phineas J., Stone. 
Joseph Manning. 
Samuel Staples. 
Joseph B. V. Coburn. 

Josiah H. Temple. 
John W. Parker. 
George Batchelder. 
Uriah Bowker. 
Simon W. Robinson. 



HOUSE OF REPRESENTATIVES. 



387 



Loivell^ 



Maiden, 

Marlboroug-h, 

Medford, 

Melrose, 

Natick, 

Newton, 

North Reading, 

Pepnerell, 

Reading, 

Slierborn, 

Shirley, 

Sonierville, 

South Reading, 

Stone ham. 

Stow, 

Sudbury, 

Tewksbury , 

Townsend, 

Tyngsborough, 

Waltham, 

Watertown, 

Wayland, 

West Cambridge, 

Westford, 

Weston, 

Wilmington, 

Winchester, 

Woburn, 



Joseph M. Burtt, 
Caleb Crosby, 
Weare Clifford, 
Luther J. Fletcher, 
Charles F. Hard, 
Asa Hildreth, 
Jonathan Johnson, 
Henry Phelps, Jr., 
Augustus B. Roby, 
Jonathan Weeks. 
David R. Shepard. 
Hollis Loring. 
John Sparrell. 

Isaac Felch. 
Isaac Hagar, 
Charles E. Pike. 

Alfred L. Lawrence. 
Thomas N. Jones. 



Isaac Story. 
James Oliver. 
Samuel Tidd. 

Cyrus Taylor. 

F. A. Worcester. 

William P. Childs. 
Levi Thaxter. 

Nehemiah M. Fesscnden. 
Calvin Howard. 



Aaron D. Weld. 
Ebenczer N. Blake. 



388 



HOUSE OF REPRESENTATIVES. 



COUNTY OF WORCESTER. 



As hour mam, 


Ohio Whitney, Jr. 


Athol, 


James I. Goulding. 


Auburn, 




Barre, 


Warner Smith. 


Berlin, 




Blacks tone. 


Henry S. Mansfield. 


Bolton, 




Boylston, 




Brookfield, 


Newton Dunton. 


Charlton, 


Mason Marble. 


Clinton, 


Horace Faulkner. 


Dana, 




Douglas, 


Edwin Moore. 


Dudley, 


Lemuel Healy. 


FitcJiburg, 


Salmon W. Putnam, 




Benjamin M. Smith. 


Gardner, 


Asa Merriam. 


Grafton, 


Chandler M. Pratt. 


Hardivick, 


William Mixter. 


Harvard, 


Ebenezer C. Willard. 


Holden, 


Silas Flagg, Jr. 


Hubbardston, 


Levi Miles. 


Lancaster, 


John G. Thurston. 


Leicester, 


Lucius Woodcock. 


Leominster, 


William Heustis. 


Lunenburg, 


Solomon Tarbell. 


Mendon, 




Milford, 


Horace B. Hero. 


Millburi/, 


Joseph Robbins. 


New Braintree, 




Northborough, 


Levi Wheeler. 


Northbridge, 


Jeremiah Robinson. 


North Brookfield, 


Levi Adams. 


Oakham, 




Oxford, 


George W. Hart well 


Paxton, 




Petersham, 


John G. Mudge. 



HOUSE OF REPRESENTxVTIVES. 



389 



Phillipston, 

Princeton, 

Royalston, 

Rutland, 

Shreivsbury, 

Sout/iborough, 

Southbridge, 

Spencer, 

Sterling-, 

Sturbridge, 

Sutton, 

Templeton, 

Upton, 

Uxb ridge, 

Warren, 

Webster, 

Westborough, 

West Boylston, 

West Brookfield, 

Westminster, 

Winchendon, 

Worcester, 



Jervis Davis. 
Abram H. Temple. 

Ezekiel D. Rockwood. 
John Edwards. 
Dennis Ward. 
Moses Sawyer, 2d. 
David K. Porter. 
Sumner Cole. 
John Sawyer, 2d. 
Elijah W. Wood. 
Charles A. Taft. 
Samuel E. Blair. 
Parmenus Keith. 
Charles P. Rice. 
Amos Child. 

Harrison G. Whitney. 
Maynard Partridge. 
Harrison Bliss, 
Elijah B. Stoddard, 
Putman W. Taft, 
George W. Russell, 
John H. Brooks. 



Amherst, 

Belchertown, 

Chesterfield, 

Cummington, 

Easthampton, 

Enfield, 

Goshen, 

Granbij, 

Greenioich, 

Hadlei/, 



C«UNTY OF HAMPSHIRE. 

Baxter Eastman. 
Ebenezer Warner, 



George L. Shaw. 



P. Smith Williams. 



390 



HOUSE OF REPRESENTATIVES. 



Hatfield, 
Huntington, 
Bliddle field, 
Northampton, 



Pelham, 

Plainfield, 

Prescott, 

South Hadley, 

Southampton, 

Ware, 

Westhampton, 

Williamsburg, 

Worthington, 



Reuben H. Belden. 



Daniel Kingsley, 
Samuel L. Parsons. 



Dexter Ingraham. 
Lysander B. Bates. 
Samuel H. Phelps. 

Thomas Meekins. 



COUNTY OF HAMPDEN. 



Agawani, 

Blandford, 

Brimfield, 

Chester, 

Chicopee, 



Granville, 

Holland, 

Holyoke, 

Longmeadow, 

Ludlow, 

Monson, 

Montgomery, 

Palmer, 

Russell, 

Southwick, 

Springfield, 



Tolland, 



Ralsa Taggart. 
Alfred L. Converse. 

Sylvester Allen, 
Jonathan Jones, 
John H. Smith. 



Joshua Gray. 
Stephen T. Colton. 
Elisha T. Parsons. 
William B. Converse. 

Alonzo N. Dewey. 



Horatio N. Case, 
William Grossman, 
Willis Phelps, 
Henry Pomeroy. 



HOUSE OF REPRESENTATIVES. 



391 



Wales, 




Westfield, 


Nathaniel Chapin. 


West Springfield, 


Jonathan W. Freeland 


Wilbraham, 


John Baldwin. 




COUNTY OF FRANKLIN. 


Ashfield, 


Manly Guilford. 


Bernardston, 




Buckland, 




Charlemont, 




Colerain, 


Adams Calhoun Deane 


Conway, 


Edwin Cooley. 


Deerfield, 


Edward W. Stebbins. 


Erving, 




Gill, 




Greenfield, 


Samuel 0. Lamb. 


Haivley, 




Heath, 




Leverett, 




Leyden, 




lyj-uurut , 
Montague, 




New Salem, 




Northfield, 


Elijah Stratton. 


Orange, 


Solomon A. Howe. 


Rowe, 
Shelhurne, 




Shutesbury, 




Sunderland, 




Warioick, 




Wendell, 




Whately, 


Hiram Smith. 



Adams, 

Alford, 
Becket, 



COUNTY OF BERKSHIRE. 



Elihu C. Hawkes, 
Daniel Upton. 



392 



Cheshire, 

Clarksburg, 

Dalton, 

Egremont, 

Florida, 

Great Barring-ton , 

Hancock, 

Hinsdale, 

Lanesborovgh, 

Lee, 

Lenox, 

Monterey, 

Mount Washington, 

New Ashford, 

Neiv Marlbprough , 

Otis, 

Peru, 

Pittsfield, 

Richmond, 

Sandisfield, 

Savoy, 

Sheffield, 

Stockbridge, 

Tyringham, 

Washington, 

West Stockbridge, 

Williamstown, 

Windsor, 



HOUSE OF REPRESENTATIVES. 
Russell C. Brown. 
Thomas G. Carson. 



Charles J. Taylor, 



Charles S. Thatcher, 
Horatio N. Sears. 



Edwin Adams. 
Lorenzo Webb. 

Henry S. Briggs, 
John C. West. 

Lemuel K. Strickland. 

Joseph Willcox. 
Thomas Wells. 



Heman Ford. 
Richard W. Swan. 



COUNTY OF NORFOLK. 



Bellingham, 

Braintree, 

Brookline , 

Canton, 

Cohasset, 

Dedham, 



Joel E. Holbrook. 
John N. Turner. 
Samuel Davenport. 
George Beal, Jr. 
Ezra Wilkinson. 



HOUSE OF REPRESENTATI^ ES. 



393 



Dorchester, 

Dover, 

Foxborovgh, 

Franklin, 

Medfield, 

Medway, 

Milton, 

Needham, 

Qiiincy, 

Randolph, 
Roxbury, 



Sharon, 
Stoi(<>;hton, 
Walpole, 
Weymouth, 

West Roxbury, 
Wrenthani, 



James II. Ui)liam, 
Gustavus E. Haynes.. 

John Littlefield. 
Mason S. kSonthworth. 

Tisclale ^^. White. 
Samuel Babcock. 
Jonathan Fuller. 
Wyman Abercrom))ie, 
William W. Baxter. 
George W. Paine. 
Isaac S. Burrell, 
William Gaston, 
James Guild, 
Amos Stevens, 
Melancthon Smith, 
Samuel Walker. 
George W. Gay. 
Charles A. French. 
Jeremiah Allen. 
Daniel Dyer, 
Abner Holbrook. 

Charles W. Farrington. 



COUNTY OP BRISTOL. 



Attleboroug'h, 

Berkley, 

Dartmouth, 

Dighton, 

Easton, 

Fairhaven, 

Fall River, 



Freetown, 



Elkanah Briggs. 
Enoch Boyce, Jr. 
Nathaniel Potter, Jr. 
George F. Gavitt. 
William Barrows. 
Daniel J. Lewis. 
Job B. Ashly, 
John S. Bray ton, 
Jonathan E. Morrill, 
Bray ton Slade. 
Merchant White. 



50 



394 



HOUSE OF REPRESENTATIVES. 



Maiisjield, 
New Bedford, 



Norton, 

Pawtia'ket, 

Rayriham, 

Re/iobnth, 

Scekon/c, 

Somerset. 

Sivanzey, 

Taunton, 



Westport, 



William Robinson. 
Nathaniel Gilbert, 
John Hicks, 
Daniel Homer, 
Edward Milliken, 
Henry P. Thomas. 
George B. Crane. 
Nathan P. Towne. 
Alpheus Pratt, Jr. 
Nelson Goff. 
Francis Armington. 

Benjamin S. Earle. 
Lawson Blood, 
Job M. Godfrey, 
Andrew Pollard. 
Abiel Davis. 



COUNTY OF PLYMOUTH. 



Abington, 

Bridgewater, 

Carver, 

Dnxbury, 

East Bridgeivater, 

Halifax, 

Hanover, 

Hanson, 

Hirigham, 

Hull, 

Kingston, 

Lakeville, 

Marion, 

Marshfield, 

Middleborovgh , 

North Bridgeivater 
Pembroke, 



Nathan S. Jenkins, 
James M. Pool. 
Elbridge Keith. 

Miirlin Gardner. 
Isaac Pratt. 



William Whiton. 
Edward Gray. 



Seth Weston. 
Jared Pratt, 2d, 
Soranus Standish. 
Azariah B. Wheeler. 



HOUSE OF REPRESENTATIVES. 



395 



Plymoiitli^ 

Plympton, 

Rochester, 

Scituate, 

South Scituate, 

Wareham, 

West Bridgeinater, 



Ezra Leach, 
Charles Nelson. 

Amitta B. Hammond. 
Thomas Conant. 
Henry J. Curtis. 
Jason F. Murdock. 



Barnstable, 

Brewster, 

Chatham, 

Dennis, 

East ham, 

Falmouth, 

Harwich, 

Orleans, 

Provincetoivn, 

Sandwich, 

Truro, 

Wellfleet, 

Yarmouth, 



COUNTY OF BARNSTABLE. 

John A. Baxter, 
Nathan Crocker. 



Heman Smith. 
Joshua C. Howes. 

Erasmus Gould. 
Elkanah Nickerson. 
Josiah Freeman. 
Joseph P. Johnson. 
Charles H. Nye. 
Samuel H. Smith, Jr. 
JohnY. Jacobs. 
Samuel Thacher, Jr. 



Chilmark, 

Edgartown, 

Tisbury, 



DUKES COUNTY. 



John Vinson. 
Nathan Mayhew. 



Nantucket, 



COUNTY OF NANTUCKET. 



William Barney, 
Edward Hammond, 
John Morrisy. 



396 HOUSE OF REPRESENTATIVES. 

WILLIAM E. P. HASKELL, Clerk. 
HENRY A. MARSH, Assistant- Clerk. 

Rev. a. D. MERRILL, Chaplaiii. 

BENJAMIN STEVENS, Sergeant-at-Arms. 

ALEXIS POOLE, Door-lceper. 
AUGUSTUS LOTHROP, Messcnyer. 
HENRY OAKS, Assistant- Messencjer. 
WILLIAM SAYWARD, Postmaster. 
JOSEPH P. DEXTER, Jr., Page. 
AMASA H. TOLMAN, Assistant-Page. 



ACTS 



RESOLVES 



PASSED BY THE 



General €mni of lilasMtliisetts, 



IN THE YEAR 



1857: 



TOGETHER WITH THE MESSAGES, 



ETC., ETC., ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON: 

WILLIAM WHITE, PRINTER TO THE STATE. 

1857. 



1^" The General Court of 1857 assembled in the State House in Boston, on 
Wednesday, the seventh day of January, and was prorogued on Saturday, the 
thirtieth day of May. 

The oaths of office were administered to His Excellency, Henry J. Gardner, 
on the ninth day of January. 



GENERAL STATUTES 



AND 



SPECIAL ACTS 



OF 



MASSACHUSETTS, 

1857. 



An Act concerning Clerks of County Commissioners. Chap. 1. 

Be it enacted by the Senate and House of Representa- 
tives^ in General Court assembled^ and by the authority of 
the same, as folloivs : 

Section 1. The clerks of the supreme judicial court and cierks of county 
court of common pleas, shall hereafter be clerks of the 
county commissioners, for their respective counties. 

Section 2. This act shall take effect from and after its 
passage. \_Approved February 5, 1857.] 

Ant Act in addition to " An Act to establish the City of New Bedford." Ch(in. 2. 

Be it enacted, Sfc, as folloivs : 

Section 1. The election of mayor, aldermen and com- Time of electing 
mon councilmen, and such other officers of the city of New ed°&c"^'*' ^°^ 
Bedford, as are now by law to be chosen on tlie first Monday 
of March, annually, shall in future be made on the first 
Monday of December, annually ; and the said officers so 
chosen shall hereafter enter upon the duties of their respec- 
tive offices, on the first Monday in January, annually, and 
shall hold their said offices for the term of ojie year there- 
after, and until others are chosen and qualified in their 



398 



1857. — Chapter 2. 



Warden, clerk, 
and inspectors 
of elections. 



stead, (excepting assessors and members of the school com- 
mittee, whose terms of office are to be regulated according 
to the fourth and fifth sections of this act ;) and the same 
proceedings shall be had in relation to such elections, as are 
provided in the act entitled, " An Act to establish the City 
of New Bedford," to which this is in addition : provided, 
nevertheless, that the next choice of the said city officers, and 
of the ward officers, as provided in section second, — after 
the acceptance of this act by the inhabitants of the said city 
of New Bedford, as hereinafter provided, — shall be made at 
such time and in such manner as is prescribed in the act 
aforesaid ; and the officers so elected, (excepting the mayor, 
assessors and members of the school committee,) shall hold 
their offices only until the first Monday in January next 
succeeding such election ; any thing in said act to the con- 
trary notwithstanding. 

Section 2. 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 chosen, 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 v/ardcn to the ward clerk and 
inspectors, or to either or all of said officers, by any justice 
of the peace for the county of Bristol. 

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 meeting the warden shall be absent, the 
clerk, and in case of the absence of the clerk, any inspector 
Warden />ro <fw. sliall prcsldc, according to seniority of age, until a warden, 
pro tempore, shall be chosen by ballot ; and in case of the 
absence of any ward officer, at any ward meeting, such officer 
may be chosen, 7?ro tempore, by ballot, and shall have all the 
powers, and be subject to all the duties of the regular officer 
at such meetings. 

Section 3. The city council shall, annually, as soon after 
their organization as may be convenient, elect, by joint ballot 
in convention, a city marshal and assistants, and constables, 
who shall hold their offices until others are chosen and qual- 
ified in their stead, and all other needful police officers, who 



Qualification. 



Duty of warden. 



City council to 
electmarshal,&c. 



1857.— Chapter 2. 399 

shall hold office for such time as the city council shall by 
standing ordinance prescribe : provided^ hoivever, that no Proviso, 
person shall be chosen 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 like manner, in the month of Section of city 
April, annually, elect a city clerk and a city treasurer and coliectorr&c'^'"' 
collector of taxes, and shall, in such manner as their by-laws 
shall prescribe, appoint or elect all subordinate officers, 
(whose appointment or election is not otherwise provided 
for,) for the ensuing year, and define their duties and com- 
pensation, 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 vacancies, how 
be filled in the manner prescribed in this section. 

Section 4. The qualified voters in each ward, at their scuooi commit- 
respective annual ward meetings, to be held next after the 
acceptance of this act by the inhabitants of the city of New 
Bedford, as hereinafter provided, shall elect by ballot, three 
persons in each ward, who shall be residents of the ward, to 
be members of the school committee ; and the person who 
receives the highest number of votes, or in case two or more 
receive an equal number of votes, the person who is senior 
by age, shall hold the office for three years ; and the person 
who receives the next highest number of votes, or who is 
senior by age in the contingency aforesaid, shall hold the 
office for two years ; and the other person shall hold the 
office for one year ; and at every subsequent annual election, 
one person shall be chosen in each ward to be a member of 
the school committee for the term of three years ; and the 
persons so chosen shall constitute the school committee, 
and have the care and superintendence of the public schools. 

Section 5. The qualified voters of the city, at the annual Assessors. 
meetings in their respective wards, — to be held next after 
the acceptance of this act, by the inhabitants of the city of 
New Bedford, as hereinafter provided, — shall elect three 
persons, to be assessors at large ; and the person who receives 
the highest number of votes, or in case two or more receive 
an equal number of votes, the person who is senior by age, 
shall hold the office for three years, and until another is 
chosen and qualified in his stead ; and the person who 
receives the next highest number of votes, or who is senior 
by age in the contingency aforesaid, shall hold the office for 
two years, and until another is chosen and qualified in his 
stead ; and the other person shall hold the office for one 



400 1857.— Chapter 3. 

year, and until another is chosen and qualified in his stead ; 
and at every subsequent annual election, one person shall 
be chosen to be an assessor for three years, and until another 
is chosen and qualified in his stead ; and the persons thus 
chosen assessors, shall constitute the board of assessors, 
and shall exercise the powers and be subject to the duties 
and liabilities of assessors of towns. 

Vacancies, how In casc of a vacaucy in the board of assessors, the city 
council, in convention, shall elect a person to fill the same, 
who shall hold office until the next annual meeting 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. 

Assistant Assess- The qualified votcrs sliall, at the same time, and in like 

°"' manner, 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 taxable in their 
respective wards ; and they shall receive for their services 
such compensation per diem as the city council may deter- 
mine. 

inconsistent acts SECTION 6. All sucli parts of tlic act to wliicli tliis is iu 
addition, as also of a supplementary act, passed April twenty- 
tliird, eighteen hundred and fifty -three, as are inconsistent 
with the provisions of this act, are hereby repealed. 

Act to be Toid Section 7. This act shall be void, unless the inhabitants 

unless accepted /.., . ■, . , ptlt -r, t n -i ^ -i 

by inhabitants. 01 tlic said City 01 JNcw iicdiord, at a legal mcetnig called 
for that purpose, shall, by a majority of the voters present 
and voting thereon by ballot, determine to adopt the same. 

Section 8. This act shall take effi3ct from and after its 
passage. \_Approved February 11, 1857.] 

Chap. 3. -^^ ■^^'^ to continue in force an Act to incorporate the Newburyport 

Mutual Fire Insurance Company. 

Be it enacted, Sj^c., as follows : 

tinTr"tweur- Section 1. The act to incorporate the Newbury port 
eight years. Mutual Firc Insuraucc Company, passed on the eleventh 
day of February, in the year one thousand eight hundred 
and twenty-nine, shall continue and remain in force for the 
term of twenty-eight years from the eleventh day of Feb- 
ruary , in the year one thousand eight hundred and fifty-seven ; 
and the said corporation shall be continued through that 
ftriItions?&c!" term, with all the powers and privileges, and subject to all 



1857.— Chapters 4, 5, 6. 401 

the duties, restrictions and liabilities, set forth in the forty- 
fourth chapter of the Revised Statutes, and all the existing 
statutes and such as may hereafter be passed, relating to 
mutual fire insurance companies. 

Section 2. This act shall take effect from and after its 
passage. [^Approved February 11, 1857.] 

An Act to increase the Capital Stock of the New Bedford Gas Light ChilJ). 4. 

Company. 

Be it enacted, Sfc, as follows : 

The New Bedford Gas Light Company are hereby author- ggS^;''"'*''^ 
ized to increase their capital stock, by an amount not exceed- 
ing seventy-five thousand dollars, and to invest such increase how invested. 
in real and personal estate necessary and convenient for 
carrying on the business of the corporation : provided, tliat Proviso. 
no shares in the capital stock hereby authorized shall he 
issued for a less sum or amount, to be actually paid in on 
each, than the par value of the shares in the original capital 
stock of said corporation. [_Approved February 10, 1857.] 

An Act to incorporate the Mission Park Association. Chap. 5. 

Be it enacted, t^'c, as folloms : 

Section 1. Mark Hopkins, Albert Hopkins and Charles corporators. 
Stoddard, their associates and successors, are hereby made a 
corporation, by the name of the Mission Park Association ; for Name. 
the purpose of holding, grading, and otherwise improving Purpo.se. 
the grounds situate in Williamstown, known as the Mission 
Park, and of erecting and placing thereon suitable monu- 
ments and other memorials, to commemorate the origin and 
progress of American missions: with all the powers and rrwi^eges, ^re- 
privileges, and subject to all the liabilities and restrictions, ' 
set forth in the forty-fourth chapter of the Revised Statutes. 

Section. 2. Said corporation may hold, for the purposes 
aforesaid, real estate to the amount of twenty thousand Reai estate $20,- 
doUars, and personal estate to the amount of five thousand personal estate 
dollars, which shall be exempted from taxation. *5,ooo. 

Section 3. This act shall take effect from and after its 
passage. [^Approved February 16, 1857.] 

An Act to increase the Capital Stock of the Nashawannuck Manufacturing Chap. 6. 

Company. 

Be it enacted, Sfc, as follows : 

Section 1. The Nashawannuck Manufacturing Company gg^gj,'"'"""^'''^ 
are hereby authorized to increase their capital stock, ])y 
adding thereto seventy-five thousand dollars, and to invest 



402 



1857.— Chapters 7, 8. 



How invested. 



No shares issued 
iindei- par. 



Chap. 7. 



Corporators. 



Name. 



Privileges, re- 
strictions, &c. 



such portion thereof in real and personal estate, as may be 
necessary and convenient for carrying on the business for 
which said company was incorporated. 

Section 2. No stock issued under this act shall be issued 
for a less sum than the par value of the original shares. 
\^Approved February 17, 1857.] 

An Act to incorporate the INIercliants' Mutual Marine Insurance Com- 
pany. 

Be it enacted, SfC,, as folloivs : 

Section 1. Isaac H. Boardman, Samuel Hale and Jacob 
Horton, their associates and successors, are hereby made a 
corporation, liy the name of the Merchants' Mutual Marine 
Insurance Company, to be established in the city of New- 
bury port, for the term of twenty-eight years ; for the purpose 
of making insurance on the mutual principle, against mari- 
time losses : with all the poAvers and privileges, and subject 
to all the ditties, restrictions and liabilities, set forth in the 
forty-fourth chapter of the Revised Statutes, and all acts 
now existing, or which may hereafter be passed, relating to 
mutual insurance companies. 

Section 2. This act shall take effect from and after its 
passage. [^Approved February 17, 1857.] 



Chcfp. 8. -^^ ■^^'^ ^^ addition to an Act to incorporate tlie Belvidere Woolen Man- 
ufacturing Comjiany. 

Be it enacted, &c., asfollovjs : 

Power extended. Section 1. That tlic Bclvidcre Woolen Manufacturing 
Company, established by and under an act of the legislature 
of this Commonwealth, in the year eighteen hundred and 
thirty-four, for the purpose of manufacturing woolen goods, 
in the town of Tewksbury, in the county of Middlesex, may 
also prosecute said manufacture in the town of Billerica, in 

Real and person- said couuty of Middlesex. And said corporation maybe 

al estate not to^^,, ■',-, , no i ^ ^ -i 

exceed f 120,000. lawiully scizcd and possessed oi such real and personal 
estate as may be necessary and convenient for the purposes 
aforesaid, not exceeding in all the value of one hundred and 
twenty thousand dollars. 

Section 2. No stock, issued under this act, shall be issued 
for a less sum than the par value of the original shares. 

Section 3. This act shall take effect from and after its 
passage. [Ajjproved February 24, 1857.] 



No shares under 
par. 



1857.— Chapters 9, 10. 403 

Ax Act extendino- tlic time for the construction of the Lebanon Springs Chau 9 

llaih-oad. I ' ' 

Be it enacted, t^c, as follows : 

The time, Avithiii which the Lebanon Sprino-s Raih'oad Time for con- 
ompaiiy may construct that portion of their railroad which u-nded. 
was originally incorporated as the " Williamstown and Han- 
cock Railroad Company," is hereby extended to April twenty- 
fourth, eighteen hundred and sixty-two: provided, lioivever, Time for estimat- 
that the time, within which application to the county com- ieuded"'"^^^ """ 
missioners to estimate damages for land and materials taken, 
as provided in the fifty-eighth section of the thirty-ninth 
chapter of the Revised Statutes, be, and the same is hereby 
extended, in this case, until one year after the entire road is 
completed and opened for use. [Approved February 25, 
1857.] 

Ax Act to incorporate the Young Men's Union of Salem. CJlGI). 10. 

Be it enacted, ^-c, as follows : 

Section 1. George ^f. Whipple, A. Augustus Smith, corporators. 
Alfred Stone, Sidney C. Bancroft and George R. Einmerton, 
their associates and successors, are hereby made a corpora- Name. 
tion, by the name of the Young Men's Union of Salem, for Purpose. 
the purpose of diffusing and promoting knowledge among 
young men now engaged in, or destined for, mercantile and 
other pursuits, by opening a reading-room, establishing a 
library, and by such other means as they may think expedi- 
ent ; with all the powers and privileges, and subject to all the Privileges, re- 
duties, restrictions and liabilities, set forth in the forty-fourth ^ ™ ""'^' 
chapter of the Revised Statutes. 

Section 2. The said corporation may hold real and per- Reai and personal 
sonal estate, to be used for the purposes aforesaid, not ceed $60,ooo, to 
exceeding in all, the value of sixty thousand dollars, the ll't"^ ^^ *'""'■ 
legal title to which shall be in five trustees, to be appointed 
by a majority of the members of the corporation, in the man- 
ner prescribed by their by-laws. All the trustees shall be of 
adult age, and shall be subject, in the care, management and 
disposal of said property, to the control and direction of a 
majority of the board of government named in the fourth 
section of this act. 

Section 3. Persons engaged in mercantile and other laud- Eligibility of 
able pursuits, or preparing themselves therefor, and above 
the age of sixteen years, and no others, shall be eligible as 
members of the corporation, and entitled to vote and act as 
officers thereof, excepting that in no case shall a person 
under twenty-one years of age be a trustee. 

2 



404 1857.— Chapters 11, 12, 13. 

niTnt^ "''P^"™- Section 4. The persons holding tlie following offices shall 
constitute the board of government of the association, to 
wit : — the president, vice-president, corresponding secretary, 
recording secretary, treasurer and board of directors, con- 
sisting of not more than thirteen members ; and said board 

May receive sub- of govcmment mav rcceivc as subscribers to the library or 
■' ■ reaamg-rooms, and admit to the privileges thereof, any 
person or mercantile firm, who may not be eligible as a mem- 
ber or members of the association under this act, upon the 
payment of a subscription, and complying with such other 
terms and conditions, as the said board may prescribe. 

Section 5. This act shall take effect from and after its 
passage. ^Approved March 4, 1857.] 

Chap. 11. ^N Act relating to the Public Lilirarv m the City of Boston. 

Be it enacted, iSfc, as folloivs : 

Act repealed. SECTION 1. So mucli of tlic act of March twelfth, one 

thousand eight hundred and fifty-three, as limits to ten 
thousand dollars the appropriations, authorized to be made 
annually by the city of Boston, to maintain a public library, 
is hereliy repealed. 

Section 2. This act shall take effect from and after its 
passage. [Approved March 4, 1857.] 

Chan. 1 2. -^^ -^^^ "^ addition to an Act to incorporate the Berkshire Mutual Fire 
^ Insurance Company. 

Be it enacted, i^c, cbs follows : 

JxTeedSoo*''' The Berkshire Mutual Fire Insurance Company is hereby 
authorized to purchase and hold real estate in Pittsfield, 
necessary for the transaction of its business, to an amount 
not exceeding five thousand dollars. {Approved March 
4, 1857.] 

Chap. 13. ^^ -^^'^ concerning the Police Court of the City of Worcester. 

Be it enacted, SfC, asfolloivs : 

utli^'d "'''''" Section 1. The standing justice of the police court of 

the city of Worcester, shall receive a sum not exceeding 
fifteen hundred dollars annually, in full for his services in 
criminal prosecutions, the same to be paid according to the 
existing provisions of law. 
rrea\ed*'"''* ^'^^ SECTION 2. All acts and parts of acts, inconsistent with 
repeae . ^j^^ provisious of this act, are hereby repealed. 

Section 3. This act shall take effect from and after its 
passage. [Approved March 4, 1857.] 



1857. — Chapters 14, 15, 16. 405 

^\jNr Act to incorporate the Boston Kansas Company. Okcw 1 4 

Be it enacted. Sfc., as follows : 

Section 1. Charles G. Nazro, John L. Emmons, Jona- corporators. 
than Ellis, Oliver Carter and John H. Thorndike, their 
associates, successors and assigns, are hereby made a cor- 
poration, by the name of the Boston Kansas Company, for Name. 
the purposes of directing emigration westward, and aiding rurrosu. 
in providing accommodations for the emigrants after arriving 
at their place of destination ; and for these purposes they Privileges, re- 
have all the powers and privileges, and are subject to all the ^*™'"'°^' ^''• 
duties, restrictions and liabilities, set forth in the forty-fourth 
chapter of the. Revised Statutes. 

Section 2. The capital stock of said corporation shall capital stock 
not exceed one hundred thousand dollars : said capital stock f;^°'^'°°'^- 

, . 1 How invested. 

may be invested m real or personal estate : provided, the Proviso. 
said corporation shall not hold real estate in this Common- 
wealth to an amount exceeding twenty thousand dollars. 

Section 8. This act shall take effect from and after its 
passage. \_Approved March 4, 1857.] 



An Act to amend the twenty-first section of tlie eighty-third chapter of QJinj) 
the Revised Statutes, relative to the Bonds of Reeisters of Probate. ^ 



15. 



Be it enacted, Sj-c, asfolloivs : 

The twenty-first section of the eighty-third chapter of the Registers of pro- 
Revised Statutes is so amended, that the bond required of &'c.^'°^'^^^°°'^' 
registers of probate shall be given to the county treasurer in 
a sum not less than one thousand, and not over ten thousand 
dollars, as the judge of probate for the county may order, 
and with sufficient sureties to be approved by said judge. 
[Approved March 9, 1857.] 

An Act concerning Probate Courts in the County of Berkshire. Chttp. 1(). 

Be it enacted, t^c, as follows : 

Section 1. There shall be a probate court for the county Probate courts 
of Berkshire, at Lenox, on the first Tuesday of January, """'''■"'■"'' 
February, March, April, May, June, September, October and 
December ; on the third Tuesday of July, and on the second 
Tuesday of November ; — at Great Barrington on the Wednes- 
day next after the first Tuesday in February and May, 
respectively ; on AVednesday next after the third Tuesday in 
July, and on Wednesday next after the second Tuesday in 
November ; — at Lanesborough, on the second Tuesday in 
January and October ; on the fourth Tuesday in April and 
on the fourth Tuesday in July ; — at Adams, on the Wednes- 
day next after the second Tuesday in January and October, 



established. 



406 



1857.— Chapters 17, 18. 



Acts repealed. 



When to take 
effect. 



Act amended. 



Time for accept- 
ance of act ex- 
tended. 



and on the Wednesday next after the fourth Tuesday in 
April and July. 

Section 2. So much of the fifty-fifth section of the eighty- 
third chapter of the Revised Statutes, as provides for the 
holding of probate courts in the county of Berkshire, chapter 
forty-first of the statutes passed in eighteen hundred and 
forty-nine, and chapter thirty-third of the statutes passed 
in eighteen hundred and fifty-five, are hereby repealed. 

Section 3. This act shall take efiect on the first day of 
July next. \^Approved March 9, 1857.] 

Chap. 17. An Act in addition to an Act to incorporate the Medford and Charles- 
town Railroad Company. 

Be it enacted^ t^-c, as follows : 

Section 1. The eighth section of the act of eighteen 
hundred and fifty-five, chapter three hundred and thirty-six, 
entitled, " An Act to incorporate the Medford and Charles- 
town Railroad Company," is hereby amended, by striking 
out the vs^ords " one hundred," which occur therein, and 
substituting therefor the word " fifty." 

Section 2. The time, within which the original act afore- 
said shall be accepted by the selectmen and by the corpora- 
tion, and within which the law per centum shall be paid in, 
as provided by the twelfth section of the act to which this 
act is in addition, is hereby extended for the term of two 
years. [^Approved March 9, 1857.] 

Chap. 18. -^ Act to establish the City of Chelsea. 

Be it enacted, Sfc, as folloivs : 

City established. Section 1. The inhabitants of the town of Chelsea shall 
continue to be a body politic and corporate, under the name 
of the City of Chelsea, and as such, shall have, exercise and 
enjoy, all the rights, immunities, powers and privileges, and 
shall be subject to all the duties and obligations now incum- 
bent upon, and appertaining to, the said town, as a munici- 
pal corporation. 

GoTemment. Section 2. The administration of all the fiscal, pruden- 

tial and municipal affairs of the said city, with the govern- 
ment thereof, shall be vested in one municipal officer, to be 
styled the mayor ; one council of eight, to be called the 
board of aldermen ; and one council of twenty, to be called 
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 their 
respective offices. A majority of each board shall constitute 
a quorum for doing business. 



1857.— Chapter 18. 407 

Section 3. It shall be the duty of the selectmen of Chel- citydmaea into 
sea, as soon as may be after the passage of this act, and its ^'^"■^' 
acceptance by the inhabitants, as hereinafter provided, to 
divide the said town into fonr wards, to contain, as nearly 
as conveniently may be, an e(|ual number of legal voters, 
which proceedings of the selectmen shall be subject to the 
revision of the city council, within one year after the passage 
of this act. And it shall be the duty of the city council, city council to 
once in three years, and not oftener, to revise, and, if it be ^^"^^^^'^'^ ^• 
needful, to alter the said wards, and increase their number, 
in such manner as to preserve, as nearly as may be, an 
equal number of legal voters in each ward : provided., how- ProTiso. 
ever, that in case the number of wards shall be increased, 
each ward shall continue to be entitled to elect two alder- 
men and five members of the common-council, any thing in 
the second section of this charter to the contrary notwith- 
standing. 

Section 4. On the first Monday in December, annually, Election of city 

officors. 

there shall be chosen by ballot, in each of the said wards, a 
warden, clerk and three inspectors of elections, who shall be 
different persons, residents of wards in which they are 
chosen, who shall hold their offices for one year, and until 
others shall have been chosen and qualified in their stead. It Duty of warden. 
shall be the duty of such wardens to preside at all ward meet- 
ings, with the power of moderators of town meetings ; and i" iibsence of 
if at any meeting the warden shall not be present, the clerk and inspector, 
of such ward shall call the meeting to order, and preside ma^y prSideJ&c^ 
until a warden, ;?/"o tempore, shall be chosen by ballot; and 
if both the warden and clerk shall be absent, either of the 
inspectors of said ward may call the meeting to order, and 
preside till a warden and clerk, 2>ro lenqiorc, shall be cliosen 
as aforesaid ; and in case of the absence of all of said offi- 
cers, any legal voter present, resident in the ward, may pre- 
side until a warden, pro tempore, shall be chosen by ballot; 
and in like manner, whenever any ward officer may be 
absent, or neglect or refuse to perform his duties, liis office 
shall be filled pro tempore. The clerk shall record all the cicrk to record 
proceedings, and certify the votes given, and deliver to his p'""'"''^""'''' 
successor in office, all such records and journals, together 
Avith all other documents and papers held by him in the said 
capacity. It shall be the duty of the inspectors of elections onty of luspec- 
to assist the warden in receiving, assorting and counting 
the votes. The warden, clerk and inspectors so chosen, oaths, how ad- 
shall respectively make oath or affirmation, faithfully and ■"""" '''^''' • 
impartially to discharge their several duties relative to all 
elections, which oath may be administered by the clerk of 



408 



1857.— Chapter 18. 



Warrants for 
meetings, how 
issued, &c. 



Election of may- 
or, &c. 



Proceedings at 
elections. 



Certificates of 
flection. 



Mayor to be noti- 
fied. 



such ward to the warden, and by the warden to the clerk 
and inspectors, or by any justice of the peace for the county 
of Suffolk ; and the fact, or certificate that such oath has 
been taken, shall be entered on the record of the ward by 
the clerk thereof. All warrants for meetings of the citizens, 
for municipal purposes, to be held either in wards or in gen- 
eral meetings, shall be issued by the mayor and aldermen, 
and shall be in such form, and shall be served, executed 
and returned in such manner, and at such times, as the city 
council may, by any by-law, direct. 

Section 5. The mayor shall be elected by the qualified 
voters of the city at large, voting in their respective wards ; 
and two aldermen, five common-councilmen, two school- 
committee-men and one overseer of the poor, shall be elected 
from and by the voters of each ward, being residents in the 
wards where elected. All the said officers shall be chosen 
by ballot, and shall hold their ofl&ces for one year from the 
first Monday in January, and until others shall be elected 
and qualified in their stead. 

Section (3. On the first Monday in December, annually, 
the qualified voters in each ward shall give in their votes 
for mayor, aldermen, common-councilmen, school-committee- 
men and overseers of the poor, as provided in the preceding 
section : and 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 records, in words 
at length. The clerk of the ward, within twenty-four hours 
after election, shall deliver to the persons elected aldermen, 
common-councilmen, school-committee and overseers of the 
poor, 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 
elections, certified in like manner : provided, that in all cases, 
the persons having the greatest number of votes for their 
respective offices, shall be deemed and declared to be elected ; 
and if the choice of aldermen, common-councilmen, school- 
committee-men and overseers of the poor shall not be effected 
on that day, by reason of two or more persons having re- 
ceived an equal number of votes for the same office, the 
meeting may be adjourned, from time to time, to complete 
such election. The board of aldermen shall, as soon as 
conveniently may be, examine the copies of the records of 
the several wards, certified as aforesaid, and shall cause the 
person that shall have received the greatest number of votes 
for mayor, to be notified in writing, of his election ; Imt if 



1857.— Chapter 18. 409 

it shall appear that no person has been elected, by reason of Proceedings ia 

'^,. ^.-, , 1 £• J. -v case of failure to 

two or more having received an equal number oi votes, or n eieet. 
the person so elected shall refuse to accept the office, the 
board shall issue their warrants for a new election, and the 
same proceedings shall be had as are herein before provided 
for tlie choice of a mayor, and repeated, from time to time, 
until the mayor shall be chosen. In case of the decease or vacanciaa, how 
resignation ot the mayor, or oi his inability to periorm 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. The oath prescribed by this act shall oath of office, 
be administered to the mayor by the city clerk, or any jus- 
tice of the peace for the county of Suffolk. The aldermen 
and councilmeii elect, shall, on the first Monday in January, 
at ten o'clock in the forenoon, meet in convention, when the 
oath required by this act shall be administered to the mem- 
bers of the two boards present, by the mayor, or by any 
justice of the peace for the county of Suffolk ; and a certifi- 
cate of such oath having been taken, shall be entered on a 
journal of the mayor and aldermen, and of the common- 
council, by their respective clerks. After the oath has been organization of 
administered, as aforesaid, the two boards shall separate, 
and the common-council shall be organized by the choice of 
one of their own members as president, and also of a clerk, 
who shall bo sworn to the faithful performance of their 
duties. In ca:^e of the absence of the mayor elect, on the Proceedings in 
first Monday in January, the city government shall organize '^^^^'"^^''^^^y°^- 
itself in the manner herein before provided, and may pro- 
ceed to business in the same manner as if the mayor was 
present ; and the oath of office may be administered to the 
mayor at any time thereafter in a convention of the two 
branches. In the absence of the mayor, the board of alder- Mayor^ro^fw. 
men may choose a chairman, pro tempore, who shall preside 
at joint meetings of the two boards. Each board shall keep 
a record of its own proceedings and judge of the election of 
its own members ; and in case of failure of an election, or 
in case of any vacancy, declared by either board, or in case 
of any vacancy in the school-committee or in the board of 
overseers of tlie ])Oor, the mayor and aldermen shall order 
a new jslection. 

Section 7. The mayor thus chosen and qualified, shall be Duty of mayor. 
the chief executive officer of the said city ; it shall be his 



410 1857.— Chapter 18. 

duty to be vigilant in causing the laws and regulations of 
tlie city to be enforced, and to exercise a general supervision 
over the conduct of all subordinate officers, and to cause 
their neglect of duty to l^e punished ; he may call special 
meetings of the boards of aldermen and common-council, 
or either of them, when necessary in his opinion, by causing 
written notices to be left at the places of residence of the 
several members; he shall communicate, from time to time, 
to both of them, such information and recommend such 
measures as, in his opinion, the interests of the city may 
require ; he shall preside in the board of aldermen, and in 
convention of the two boards, but shall have a casting vote 
only. 
Executive power SECTION 8. Tlic exccutivc power of the said city gener- 

01 mavor and al- •,•■ i .1 i • • • r. 1 t • 1 1 i 1 

dermen. ally, anci the admniistration oi the police, with all the 

powers heretofore vested in the selectmen of Clielsea, shall 
be vested in, and may be exercised by, the mayor and alder- 
men, as fuHy as if the same were herein specially enumerated. 
The mayor shall receive four hundred dollars per annum for 
his services, until otherwise determined by the city council ; 
but the amount of such compensation shall not be increased 
or diminished during the term for which he shall have been 

Compensation, clcctcd. The mcmbcrs of the board of aldermen and com- 
mon-council shall receive no compensation. The mayor and 
aldermen shall have full and exclusive power to appoint 
constables, and a city marshal and assistants, with the pow- 
ers and duties of constables, and all other police officers, 

Bonds required of and thc sauie to rcmovc at pleasure. And the mayor and 

constables, &c. ^ -, in • i i-.i 

aldermen shall require any person who may be appointed 
marshal or constable of the city, to give bonds for the faithful 
discharge of the duties of the office, with such security and 
to such amount as they may deem reasonable and proper ; 
upon which bonds the like proceedings and remedies may be 
had, as are by law provided in the case of constables' bonds 
Powers of mayor, takcu by the selcctmeii of towns. All other powers now 
vested in the inhabitants of the said town, and all powers 
granted by this act, shall be vested in the mayor and alder- 
men and common-council of the said city, to be exercised 
by concvirrent vote, each board to have a negative upon the 

officers!"'*'"* "^ ^^^^^^' ' ^^'^^^ ^^'^ ci^^y coimcil sliall, annually, as soon after 
their organization as may be convenient, elect by joint ballot, 
in convention, a city treasurer, collector of taxes, assessors, 
city clerk and firewards or engineers, who shall hold their 
offices until others are elected and qualified in their stead, 
and shall, in such manner as the said city council may de- 
termine, by any by-law made for the purpose, appoint or 



1857.— Chapter 18. 411 

elect all subordinate officers not herein otherwise directed, 
for the ensuing year, define their duties and fix their com- 
pensations, in cases wliere such duties and compensations 
shall not be defined and fixed by the laws of the Common- 
wealth. In case any vacancy shall occur in any office, the 
election to wliich is made by the city council, said council 
shall have power to fill the same. All sittings of the mayor sittings to be 
and aldermen, of the city council and of the common conn- p"''^'" 
cil, shall be public when they are not engaged in executive 
business. The city council sliall take care that money shall s/ife keeping of 
not be paid from the treasury unless granted or appropriated ; " ^ p*'°p*^'" y- 
shall secure a just and prompt accountability, by requiring 
bonds, with sufficient penalty and sureties, from all persons 
intrusted with the receipt, custody, or disbursement of 
money ; shall have the care and superintendence of city 
buildings, and the custody and management of all city pro- 
perty, with power to let or sell what may be legally let or 
sold ; and to purchase property, real or personal, in the 
name and for the use of the city, whenever its interest or 
convenience may, in their judgment, require it. The city 
council sliall, as often as once a year, cause to be publislied, 
for the use of the inhabitants, a particiilar account of re- 
ceipts and expenditures, and a scliedule of all the property 
and debts of the city. 

Section 9. In all cases in which appointments are di- Mayor to nomi- 
rected to be made by the mayor and aldermen, the mayor "'^''^' ^'^' 
shall have the exclusive power of nomination, being subject, 
however, to confirmation or rejection by the board of alder- 
men ; but if a person so nominated shall be rejected, it shall 
l)e the duty of the mayor to make another nomination within 
one month from the time of such rejection. No person 
shall be eligible to any office of emolument the salary of 
which is payable out of the city treasury, who, at the time 
of such appointment, shall be a member of the board of 
aldermen or of the common council. 

Section 10. The city clerk shall also be clerk of the Duty of city 
board of aldermen, and shall be sworn to the faithful per- ''^'^'^' 
formance of his duties. He shall perform such duties as 
shall be prescribed by the board of aldermen ; and he sliall 
])erform all the duties, and exercise all the powers by law 
now incumbent upon, or vested in, the town clerk of the 
town of Chelsea, and may be removed at the pleasure of the 
city council. 

Section 11. The assessors to be chosen, as herein before Assessors' powers 
provided, shall constitute the board of assessors, and shall *"'^ ''"'^"'^• 
exercise the same powers, and be subject to the same duties 

3 



412 1857.— Chapter 18. 

and liabilities, that the assessors in the several towns in the 
Commonwealth may exercise or are subject to under existing 
laws, and shall be sworn to the faithful performance of their 

Taxes. dutj. All taxcs sliall be assessed, apportioned and collected, 

in the manner prescribed by the laws of this Commonwealth : 
provided., lioivever, that the city council may establish fur- 
ther or additional provisions for the collection thereof. 

Act repealed. SECTION 12. Au act establishing the fire department in 

the town of Chelsea, passed March twentieth, in the year 
one thousand eight hundred and forty-three, is hereby re- 

Fire iiepartincnt. ])ealed. Tlic city couucil of the city of Chelsea may estab- 
lish a fire department for said city, to consist of a chief 
engineer, and so many assistant-engineers, and so many 
enginemen, hosemen and hook and laddermen, as the city 
council by ordinance shall, from time to time, prescribe ; 
and said city council shall have authority to make such pro- 
visions in regard to the time and mode of appointment, and 
the occasion and mode of removals, of either of such officers 
or members, to make such requisitions in respect to their 
qualifications and period of service, to define their office and 
duties, to fix and pay such compensation for their services, 
and in general to make such regulations in regard to their 
conduct and government, and to the management and con- 
duct of fires, and persons attending fires, subject to the 
penalties provided for the breach of. the city ordinances, as 

Provi.sn. they shall deem expedient : proiridcd, that the appointment 

of enginemen, hosemen and hook and laddermen, shall be 

Duty of engineers madc by tlic uiayor and aldermen exclusively. The en- 
gineers and other officers of the fire department, appointed 
as aforesaid, shall have the same authority in regard to the 
prevention and extinguishment of fires, and the perform- 
ance of the other offices and duties now incumbent upon 
firewards, as are conferred upon firewards by the statutes 
now in force. They sliall also have authority, in compliance 
with any ordinance of said city, to make an examination of 
places where shavings and other combustible materials are 
collected or deposited, and to require the removal of such 
materials, or the adoption of suitaljle safeguards against fire. 
And the said city council are hereby authorized to make 
suitable ordinances upon the latter subject, under the penalties 
enacted in the city charter. 

ustof juror,^. SECTION 13. Thc list of jurors shall be prepared by the 

mayor and aldermen, in thc same manner as is now required, 
by tlie laws of this Commonwealth, to be done by the select- 
men within and for their respective towns ; and tlie list, 
when made out l»y thc mayor and aldermen, shall l)e sub- 



1857.— Chapter 18. 413 

mittcd to the common council for concurrent revision or 
amendment. The mayor and aldermen and city clerk shall, ui^wing of .ju- 
severally, have and exercise all the powers and duties with 
regard to the drawing of jurors in the city, and all other 
matters relating to jurors therein, which are, by the laws of 
this Commonwealth, required to l)e performed by the se- 
lectmen and town clerks in their respective towns ; and all 
reuires for jurors to be returned from Chelsea, shall be 
served on the said mayor and aldermen. 

Section 14. The mayor and aldermen, with the concur- M'ly iiy out 

. streets &c 

rent vote of the common-council, shall have exclusive power '' 
to lay out, alter or discontiniie, any street or town way, to 
establish the grade thereof, and to estimate the damages any 
individual or party may sustain therel)y ; and the person or 
})arty dissatisfied with the decision of the city council, in the 
estimate of damages, may make complaint to the county 
commissioners of the county of Middlesex, at any meeting 
held within one year after such decision, whereupon the 
same proceedings shall be had as are now by law provided in 
cases where persons or parties are aggrieved by the assess- 
ment of damages by the selectmen, in the twenty-foui'th 
cha{)ter of tlie Revised Statutes. 

Section 15. The mayor and aldermen, w^ith the concur- May dig drains, 
rent vote of the common-council, shall have the power to 
cause drains and common sewers to be laid down through 
any street 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 such public drain or common sewer ; and the city Measmvmcnt or 
council may make by-laws, with suitalile penalties, for the ^^°'"'' '^'"' 
inspection, survey, measurement and sale of lumber, wood, 
coal and bark, In-ought into the city for sale. 

Section 16. All power and authority now vested in the m-aith omcei-s. 
board of health for the town of Chelsea, or-in the selectmen ■ 
thereof, shall be transferred to, and vested in, the city coun- 
cil, to be by them exercised in such manner as they may 
deem expedient. 

Section 17. The mayor and aldermen sliall, in each year. Election of rep- 
issue their warrant for calling meetings for the election of the '^•-'^'^"*''"^"''- 
whole number of representatives to the general court, to 
which the said city is l»y law entitled, and the number shall 
be specified in the warrant. 

Section 18. All elections for county, state and United county, stMt<-, 
States officers-, who are voted for by the people, shall be held rcw.''"" ° 
at meetings of the citizens qualified to vote in such elections, 
in their respective wards, at the time fixed by law for these 



:14 



1857.— Chapter 18. 



List of Toters. 



Provided, &c. 



Meetings of tlie 
citizens. 



elections respectively ; and at such meetings all the votes 
given for such officers, respectively, shall be assorted, counted, 
declared and registered, in open ward meeting, by causing 
the names of all persons voted for, and the number of votes 
given for each, to be written in the ward records in words at 
length. The ward clerk, shall, forthwith, deUver to the city 
clerk a certified- copy of the record of such elections. The 
city clerk shall, forthwith, record such returns, and the 
mayor and aldermen shall, within two days after every such 
election, examine and compare all such 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 ; and in all elections for repre- 
sentatives to the general court, in case the whole number 
proposed tq be elected shall not be legally chosen, the mayor 
and aldermen shall forthwith issue their warrant for a new 
election, conformably to the provisions of the constitution 
and the laws of the Commonwealth. 

Section 19. Prior to every election, the mayor and alder- 
men shall make out lists of all the citizens of each ward, 
qualified to vote in such elections, in the manner in which 
selectmen of towns are required to make out lists of voters ; 
and for that purpose they shall have full access to the assess- 
ors' books and lists, and be entitled to the assistance of all 
assessors and city officers ; and they shall deliver the said 
lists, so prepared and corrected, to the clerks of the said 
wards, to be used at such elections ; and shall cause copies 
thereof to be posted up in not less than three places in said 
wards, at least seven days prior to such elections ; and no 
person shall be entitled to vote whose name is not borne 
on such lists : 2)rovided, that any person whose name shall 
not be borne on the list of the ward in which he is 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 
thereon at any time thereafter, and before the closing of the 
polls, upon presenting to the ward officers a certificate signed 
by the mayor or city clerk, setting forth his right to have 
his name thus entered. ■ 

Section 20. General meetings of the citizens qualified to 
vote, may, from time to time, be held, to consult upon the 
public good, to give instructions to their representatives, and 
to take all lawful measures to obtain redress for any griev- 
ances, according to the right secured to the people by the 
Constitution of this Commonwealth ; and such meetings 



1857.— Chapter 18. 415 

may, and shall be duly warned by the mayor and aldermen, 
upon the requisition of fifty qualified voters. 

Section 21, The city council shall have power to make By-iaws. 
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 eflect and be in 
force from and after the time therein respectively limited, 
without the sanction of any court or other authority what- 
ever : provided^ that all such by-laws or ordinances shall be I'roviso. 
presented to the mayor for his approval, which, if he approve, 
he shall sign, if not, he shall return to the city council, 
within one week, with his objections, for a rcviewal, and if 
again passed by a majority of each board, the same shall be- 
come a law ; and provided, also, that all laws and regulations rrovMed, aiso. 
now in force in the town of Chelsea, shall, until they shall 
expire by their own limitation, or be revised or repealed by 
the city council, remain in force ; and all fines and forfeit- 
ures for tlic breach of any l)y-law or ordinance, shall be paid 
into the city treasury. 

Section 22. All fines, forfeitures and penalties, accruing Fines, &c., how 
for the breach of any by-laws of the city of Chelsea, or ^^'■'""''■'- ■ 
of the ordinances of the city council, or of any of the 
orders of the mayor and aldermen, may be prosecuted for 
and recovered before the police court of the said city of 
Chelsea, by complaint or information, in the same manner in 
which other criminal offences are now proseciited before the 
police courts within this Commonwealth; reserving, how- Right of appeal. 
ever, in all cases, to the party complained of and prosecuted, 
the right of appeal to the municipal court of the city of 
Boston, for the county of Suffolk, to the term then next to 
be held, from the judgment and sentence of the police court, 
as provided in the thirty-first chapter of the laws of the 
Commonwealth passed in the year one thousand eight hundred 
and forty-nine ; and it shall be sufficient in all such prosecu- compiamts, how 

■J ' - „. pni'i set forth. 

tions to set forth m the complanit the offence fully, plamfy, 

substantially and formally ; and it shall not be necessary to set 

forth such l)y-law, ordinance, or order, or any part thereof. 

All fines, forfeitures and penalties, so recovered and paid, J'^°^'s^Pi!i.'^'°"'^ 

shall be paid to the treasurer of the city of Chelsea, and 

shall inure to such uses as said city council shall direct. 

When any person upon any conviction before the police court Refusa^^ to pay 

for any breach of any by-law of the said city of Chelsea, or ishe'a. 

any of the ordinances of the city council, or of any of the 

orders of the mayor and aldermen, shall be sentenced to 

pay a fine, or any penalty or forfeiture provided by any 



416 1857.— Chapter 18. 

sucli by-law, ordinance or order, and shall fail to pay the 
same, or, u})on claiming an appeal, shall fail to recognize for 
his appearance at the court appealed to, there to })rosecutc 
his appeal, and to abide the sentence or order of the court 
thereon, and in the meantime to keep tlie peace and be of 
good lichavior, he shall be committed, until he shall pay snch 
iine, penalty or forfeiture, or be otherwise discharged accord- 

b/-i'lws. '" '""'" ^"o ^^ ^'^'^^' I'^io provisions of this section shall also apply 
to all prosecutions founded on the by-laws or ordinances of 
the town of Cbelsea, which ma^y continue in force after tliis 
act shall go into operation ; and all the powers of the police 
court already established shall be continued to it. 

Kirst or}?aiiiza- SECTION 2o. For tlic iiurposc of Organizing the system of 

tion of city gov- ,i , 11 -it n- i • 1 

orument. government herd)}'' cstahhsncd, and })uttuig tlie same into 

operation, in the first instance, the selectmen of the town of 
Chelsea, for the time being, shall, within thirty days after 
the acceptance of this act, issue their warrants, seven days 
at least, prcviorls to the day so appointed for calling meetings 
of the citizens, at such place and hour as they may deem 
expedient, for the purpose of choosing a warden, clerk and 
inspectors for cacli ward, and all other oflicers whose election 
is provided for in the })reccding sections of this act ; and 
tlie transcripts of the records of each ward, s})ecifying the 
votes given for the several officers aforesaid, certified by the 
warden and the clerk of each ward, at sucli first meeting, 
shall be returned to the said selectmen, whose duty it shall 
be to examine and comj)are the same ; and in case the said 
elections sliould not be conij)lcted at the first meeting, then 
to issue new warrants, until such elections shall be com- 
pleted, and to give notice thereof, in the manner herein 
before provided, to the several persons elected. And at the 

i-'iist nucting, said first meeting, any inhabitant of said ward, l)eing a legal 

how organized. . ii7-- -, -, -l -i 

voter, may call the citizois to order and preside until a war- 
den shall have been chosen. And at said first meeting a list 
of voters in each ward, prepared and corrected by the select- 
men for the time being, shall be delivered to the clerk of 
each ward, when elected, to be used as herein before pro- 
vided. And the selectmen shall appoint such time for the 
first meeting of the city council as they may judge proper, 
after the choice of the city officers as aforesaid", or a majority 
of the members of both branches, in the year one thousand 
eight hundred and fifty-seven, and shall also fix upon the 
place and hour of the first meeting, and a written notice 
thereof shall be sent, by the said selectmen, to the place of 

Subsequent or- ^^^^^^^ ^^ ^^^^^ °^ ^'^^ ^^^^ ofiiccrs choscu, as provided in this 
ganizatious. scction. Aud aftcr tlils lirst clcction of city officers, and this 



1857.— Chapter 18. 417 

first mcctino- for the organization of the city council, as in 
this section is provided, the day of hohling the annual elec- 
tions, and the day and hour for the meeting of the city 
council for the purpose of organization, shall remain, as 
provided in the sixth section of this act. And it shall be the 
duty of the city council, immediately after the first organi- 
zation, to elect all necessary city officers, who shall hold 
their offices respectively, until others shall be chosen and 
qualified in their stead. 

Section 24. All officers of the town of Chelsea having noiivory of rc- 
the care and custody of any records, papers or muniments ™'^'^'' ^^''• 
of property belonging to the said town, shall deliver the 
same to the city clerk, within one week after his entering 
upon the duties of his office. 

Section 25. The annual town meeting of the town of Town meeMng 
Chelsea, which by law is to be held in March, is liereby sus- ""*'•"'"' •^'^'^' "■ 
pended, and all town officers now in office shall hold their 
places until this act shall take effect, and their successors 
are chosen and qualified. In case this act shall not be Proceedings in 
accepted by the inhabitants of the town of Chelsea, as is noraowpte'!]!* '^ 
hereinafter provided, the selectmen shall issue their warrant 
according to law, for holding the annual town meeting, in 
which all the proceedings shall be the same as if this act 
had not been passed ; and the warrant for calling the meet- 
ing shall be issued witliin seven days after the rejection of 
this act. 

Section 26. Nothing in this act shall be so construed as I'egisiature may 
to prevent the legislature from altering or amending the 
same whenever they shall deem it expedient. 

Section 27. This act shall be void, unless the inhabitants Act voia unless, 
of the town of Chelsea, at a legal town meeting called for 
that purpose, and held within twenty days after the passage 
of this act, at which the selectmen shall preside, and the 
check list be used in tlie same manner as at meetings called 
to choose State officers, and the polls bo kept open at least 
six hours, shall, by a vote of a majority of the voters present 
and voting thereon, yea or nay, hy a written ballot, deter- 
mine to adopt the same. 

Section 28. All acts and parts of acts inconsistent with inronsistent acts 
this act, are herel)y repealed. icik-.km . 

Section. 29. This a<;t sluiU go into operation from and 
after its passage. [Approved March 13, 1857.] 



418 



1857.— Chapters 19, 20, 21. 



Chap. 19. 



Location may be 
changed. 



Proviso. 



An Act to amend the Charter of the John Hancock Bank, of Springfield. 

Be it enacted^ SfC.^ as follows : 

So much of the charter of the John Hancock Bank, as 
restricts the location of its building- to State Street, in the 
city of Springfield, is hereby repealed ; and said bank may 
change its location to a more convenient and central part of 
said city: provided, that at a legal meeting called for the 
purpose, said change shall be adopted, by a vote of a majority 
of the stockholders present and voting thereon. ^Approved 
March 13, 1857.] 



Chap. 20. 



Corporator.?. 



rui'po.se. 



Privileges, re- 
strictions, &c. 



Real and personal 
pi-operty not to 
e.xceed $!40,000. 



An Act to incorporate the Dorchester AthenEEum. 
Be it enacted, Si'C, as follouis : 

Section 1. John G. Nazro, A. H. White, M. 0. Barry, 
Ebenezer Clapp, junior, Jacob Davis, Amasa Pray and John 
J. May, their associates and successors, are hereby made a 
corporation, b5^ the name of the Dorchester Athengeum, to 
be established in the town of Dorchester, in the county of 
Norfolk, for the purpose of establishing and maintaining a 
lil)rary and reading-room, advancing useful arts and sciences, 
and promoting public instruction, by lectures and otlierwise ; 
with all the powers and privileges, and subject to all the 
duties, restrictions and liabilities, set forth in the forty-fourth 
chapter of the Revised Statutes. 

Section 2. Said corporation may hold real and personal 
property, to an amount not exceeding forty thousand dollars, 
the income of which shall be devoted to the purposes afore- 
said. \_Approved March 14, 1857.] 



Chap. 21. ^^ Act to continue in force an Act to Incorporate the Essex Mutual Fire 

Insurance Company. 



Corporation con- 
tinued 28 years. 



Privileges, re- 
strictions, &c. 



Be it enacted, Sfc, as folloivs : 

The act to incorporate the Essex Mutual Fire Insurance 
Company, passed June eleventh, in the year one thousand 
eight hundred and twenty-nine, shall continue and remain 
in force for the term of twenty-eight years, from the eleventh 
day of June, in the year one thousand eight hundred and 
fifty-seven ; and the said corporation shall be continued 
through that term ; with all the powers and privileges, and 
subject to all the duties, liabilities and restrictions, set forth 
in the forty-fourth chapter of the Revised Statutes, and all 
other statutes now in force, and such as may hereafter be 
passed relating to mutual fire insurance companies. \^Ap- 
proved March 16, 1857.] 



1857.— Chapters 22, 23, 24. 419 

An Act in addition to an Act to incorporate the Proprietors of Lawrence Chap 22 

Bridge. ^ ■ 

Be it enacted^ Sj'c. as follows : 

The "Proprietors of Lawrence Bridge," a corporation Rates of toii. 
established by an act of the legislature of the year eighteen 
hundred and fifty-four, chapter two hundred and sixty-five, 
are hereby authorized, from and after the first day of May 
next, to demand and receive, at the said bridge, the follow- 
ing rates of toll, instead of the rates heretofore established, 
to wit : — 

For each horse and rider, four cents ; for each horse or ox 
led, two cents; for each cart, farm or market wagon, truck 
or sled, drawn by one horse, five cents ; for each additional 
horse, three cents ; for each horse and chaise, chair, sulky, 
cab, sleigh, buggy, or other pleasure wagon or vechicle, 
eight cents ; for each omnibus, coach, carryall, sleigh or other 
pleasure vehicle, drawn by two horses, twelve cents ; for each 
additional horse, three cents ; for each cart, wagon, or sled, 
drawn by two oxen, seven cents ; for each additional yoke of 
oxen, four cents ; for droves of neat cattle or horses, one-half 
cent each ; for droves of swine or sheep, one-fourth cent each. 
[Approved March 17, 1857.] 

An Act to authorize AVilliaiu G. Johnson to build a Wharf, in the Town ChttU 23 

of Rowley. ^ 

Be it enacted^ SfC, as folloivs : 

William G. Johnson is hereby authorized to construct and wharfiuRowiey. 
maintain a wharf seventy-five feet wide, extending twenty-five 
feet toward the channel of Rowley River, from the ordinary 
high-water mark, on land of the said Johnson, in the town 
of Rowley, between the Eastern Railroad, on the west, and 
land of Thomas Cressey, on the east, — to be called Johnson's 
Wharf; and shall have the right to lay vessels at the end and Eights, &c. 
sides of said wharf, and receive wharfage and dockage there- 
for : provided, that this grant shall not interfere with the Proviso. 
legal rights of any person. [Approved March 11 ^ I'^bl J] 

An Act to amend the four hundred and seventy-eighth chapter of the QJiQ^y 24 
Acts of eighteen hundred and fifty-five. ^ 

Be it enacted, Sfc, as follows : 

The four hundred and seventy-eighth chapter of the acts Act amended. 
of eighteen hundred and fifty -five, is hereby amended, by 
striking out from the first section thereof, the following 
words, " for the purpose of buying, sawing or manufacturing 
lumber or staves, or of mining or quarrying." [Approved 
March 17, 1857.] 

4 



420 



1857.— Chapter 25. 



Corporators. 



Privileges, re- 
strictions, &c. 



May construct 
railroad. 



Capital stock, 
1,000 shares, of 
«100 each. 



No shares to be 
issued under par. 



Chap. 25. -^ -^CT to incorporate the Fall River and Warren Railroad Company. 
Be it enacted., Sfc, as follows : 

Section 1. Joseph G. Luther, William Pierce, William 
Wilber, Mason Brown, Benjamin Robinson, their associates 
and successors, are hereby made a corporation by the name 
of the Fall River and Warren Railroad Company ; with all 
the powers and privileges, and subject to all the duties, 
liabilities and restrictions, set forth in the forty-fourth chap- 
ter of the Revised Statutes, and in that part of the thirty- 
ninth chapter of said statutes which relates to railroad cor- 
porations, and in the several statutes subsequently passed, 
relating to railroad corporations. 

Section 2. The said company is hereby authorized and 
empowered to locate, construct, fully complete and main- 
tain a railroad, with one or more tracks, commencing at the 
line of the State of Rhode Island, in the town of Swanzey, 
thence running in an easterly direction, through the towns of 
Swanzey and '^Somerset, to the city of Fall River. 

Section 3. The capital stock of said company shall con- 
sist of one thousand shares of one hundred dollars each, and 
no assessment shall be laid thereon of a greater amount in 
the whole, than one hundred dollars on each share, and no 
shares shall be issued for a less sum or amount, to be 
actually paid in on each, than the par value of the shares 
which shall be first issued. And the said company may 
take, purchase and hold, such real estate, and may build, 
purchase and hold, such engines, cars, materials and other 
things, as may be necessary for the use of the said railroad, 
and for the transportation of persons, goods and merchan- 
dise. 

Section 4. Said company is hereby authorized to estab- 
lish and maintain a ferry, between the terminus of their 
railroad, on the northerly side of Taunton River, and the 
city of Fall River ; and said company may receive such tolls 
for ferriage on the same, as the county commissioners of 
Bristol county shall, from time to time, designate. 

Section 5. If the location of the said railroad be not 
filed according to law, within two years, or if the said rail- 
road shall not be constructed and completed, with at least 
one track, within four years from the passage of this act, 
then this act shall be void. 

Section G. The legislature may authorize any company 
to enter, with another railroad, upon and use the said Fall 
River and Warren Railroad, or any part thereof, paying 
therefor such a rate of toll or compensation as the legisla- 
ture may, from time to time, prescribe, or as may be fixed 



May establish 
ferry. 



If not construct- 
ed in four years, 
act to be void. 



May be used by 
other road.s. 



1857.— Chapter 25. 421 

bj any general law of this Commonwcaltli, and complying 
with such rules and regulations as may be established by 
the said Fall River and Warren Railroad Company. 

Section 7. The legislature may, from time to time, re- lutcof toUs. 
duce the rate of tolls or other profits upon the said railroad ; 
but the tolls shall not, without the coiKcnt of said company, 
be so reduced as to produce, with the said profits, less than 
ten per cent, per annum. 

Section 8. The said company is hereby authorized to May unite with 
unite with a railroad company which may l)e incorporated '"'°"^'''" ™=''^- 
by the State of Rhode Island, to build a railroad, connecting 
the western terminus of the railroad, hereby authorized, with 
the compact part of the town of Warren, in said State of 
Rhode Island ; and when the said company shall have be- 
come so united, the stockholders of one company shall be- 
come stockholders of the other company, and the two com- 
panies sliall constitute one corporation, by such name as the 
united corporation may ado})t ; and the franchises, property, 
power and privileges, acquired under the authority of the 
said States, respectively, shall be held and enjoyed by all 
the stockholders in proportion to the number of shares or 
amount of property held by them respectively, in either or 
both of the said corporations. 

Section 9. One or more of the directors, or other officers oue or more ai- 
of the said -united corporations, shall, at all times, be an oomTonweaith.'^ 
inhabitant of this Commonwealth, on whom process against 
the said company may be legally served ; and the said com- 
pany shall be held to answer in the jurisdiction where service 
is made and the process is returnable. 

Section 10. The said company shall keep separate s'i«ii keep ^ppa- 
accounts of its expenditures in Massachusetts and Rhode 
Island, respectively ; and two commissioners shall be appoint- commissioners 
cd, one by the governor of this State, and the other by the '^pp"'"'"'^' ^•'• 
governor of the State of Rhode Island, if the said State of 
Rhode Island shall thereto agree, to hold their offices for the 
term of four years, and to be reasonably compensated by the 
said company, who shall decide what portion of all expendi- 
tures of the said company, and of the receipts and profits, 
l>roperly pertain to tiiat part of the road lying in the said 
States, respectively ; and the annual report required to be 
made to the legislature of this Commonwealth, shall be aj)- 
proved by the said commissioners. 

Section 11. The said company and the stockholders Liabilities of Mas- 
therein, so far as the road is situated in Massachusetts, shall holders. 
be subject to all the duties and liabilities created by the pro- 
visions of the laws of this Commonwealth, to the same 



422 1857.— Chapters 26, 27. 

extent as they would have been had no union of the said 
companies taken place. 

wiien to take ef- SECTION 12. Thc provisions contained in the four pre- 
ceding sections of this act, and all provisions of this act 
which contemplate a union of the said companies, shall not 
take effect until they shall have been accepted by the stock- 
holders of the said two corporations, respectively, at legal 
meetings called for that purpose. 

Certificate to be SECTION 13. Tlic Said railroad company shall not com- 
^ ' "' mence the construction of its road in this State, until a 

certificate shall have been filed in the office of the secretary 
of the Commonwealth, subscribed and sworn to by the presi- 
dent of the said company and a majority of the directors 
thereof, stating that all of the stock named in its charter has 
been subscribed for by responsible parties, and that twenty 
per cent, of the par value of each and every share of the 
said stock has been actually paid into the treasury of the 
company. \_Jipproved March 17, 1857.] 

Chan 26 '^^ -^^'^ ^'^^ *^® better establishment of the Police Court of the City of 

J ' ' Springfield. 

Be it enacted, ^^c, as follows : 

Salary of justice. SECTION 1. The standing justice of the police court of 
the city of Springfield, shall receive an annual salary of one 
thousand dollars ; and said salary shall be paid in equal 
quarterly payments, out of the treasury of said city of 
Springfield, and shall be in full compensation for all services 
in criminal cases, which by law he is required to perform as 
sucli justice. 

Special justice to SECTION 2. In casc of a vacancy in the office of said 

act in case of Ta- , n . • j • J^ • i • i • i • • 

cancy. stancUng justice, the special justice whose commission is 

the oldest, shall have all the powers and perform all the 
duties of the standing justice, till such vacancy shall be 
filled, and during such vacancy shall receive the same compen- 

compeusation. satioii, aiid sliall pay the other special justice in the same 
manner as the standing justice would if in office. 

Inconsistent acts SECTION 3. All acts and parts of acts, inconsistent here- 

repealed. ..i i , , , ^ 

With, are hereby repealed. 

Section 4. This act shall take efiect from and after its 
passage. [Approved March 21, 1857.] 



Char> 27 "^ ^^^ authorizing the Boston Submarine and Wrecking Company to 
"' ' cliange its Name and to increase its Capital Stock. 

Be it enacted, Sfc, as follows : 
Authorized to Section 1. Thc Bostou Submarine and Wrecking Com- 

change name. • i i i • i i 

pany is hereby authorized, by vote of the corporation, to take, 



1857.— Chapter 28. 423 

instead of its present corporate name, the name of Boston 
Relief and Submarine Company. 

Section 2. As soon as said corporation shall adopt said Duties, &c., of 
new name by vote, as aforesaid, all the property, franchises, der^newname"" 
powers, rights and privileges, granted, belonging or appertain- 
ing to, or enjoyed, or held by, and all duties, liabilities, re- 
strictions and obligations, imposed upon or appertaining to 
said corporation, shall thereupon be held, and enjoyed, and 
assumed by and appertain to, and be imposed upon said cor- 
poration under the said name of Boston Relief and Subma- 
rine Company, in the same manner, as fully and effectually, 
to all intents and purposes, as if the said new name had been 
set forth in the charter of said corporation, and the name of 
said corporation had never been changed. 

Section 3. The said corporation, in addition to the Additional pow- 
powers heretofore granted, shall have the right to conduct *"' 
every description of submarine operations, and manufacture, 
and vend Gwinne's Patent Pump and Pumping Engine, and 
the submarine apparatus required for purposes of such sul)- 
marine operations, and to hold real estate for that purpose, 
not to exceed in value, seventy five thousand dollars. 

Section 4. The said corporation is hereby authorized capital iucreased 
and empowered to increase its capital stock to an amount $500,000. 
not exceeding five hundred thousand dollars, by creating and 
issuing, from time to time, at their discretion, an additional 
number of shares ; and no portion of the stock, issued under no shares to be 
the provisions of this act, shall be issued at less than the ^^^"^ "° ^'^^'^' 
par value of the shares first issued, to be actually paid in on 
each. 

Section 5. Tliis act shall take effect from and after its 
passage. l_Approved March 21, 1857.] 

An Act concerning the Millbury and Southbridge Railroad Company. CJim) 28 
Be it enacted, Sfc, as follows : 

Section 1. The time., within which the Millbury and Time for con- 
Southbridge Railroad Company may construct their railroad, ed™ne year'. ^"^ ' 
is hereby extended one year from the time now allowed by 
law. 

Section 2, The fifty-eighth section of the thirty-ninth Time for estimat- 
chapter of the Revised Statutes is, in this case, hereby ex- leuded™''^^^ ^^ 
tended, so as to allow all persons, whose lands or other pro- 
perty have been taken for the purposes of this road, one 
year after the entire road is completed and opened for use, 
within which to apply to the county commissioners to esti- 
mate their damages. 

Section 3. This act shall take effect from and after its 
passage. \_Approved March 21, 1857.] 



424 



1857.— Chapters 29, 30. 



Chap. 29, 

Corporators. 

Duration. 
Name. 

Purpose. 

Privileges, re- 
sti-ictions, &c. 



Capit^il stock, 
$100,000. 



Way increase to 

3f2(jO,000. 



Hold real estate, 
»10,000. 



Issue of policies. 



Chap. 80. 



Penalty for un- 
lawful fishing. 



An Act to incorporate the Massasoit Insurance Company. 
Be it enacted, SfC, as folloios : 

Section 1. Henry Fuller, junior, Stephen C. Bemis and 
Augustus L. Soule, their associates and siiccessors, are here- 
))y made a corporation, for the term of twenty years from 
the passage of this act, by the name of the Massasoit In- 
surance Company, to be located in the city of Springfield, 
for the purpose of making insurance against losses by fire, 
and against maritime losses ; with all the jiowers and privi- 
leges, and sul)ject to all the duties, restrictions and liabilities, 
set forth in the forty-fourth chapter of the Revised Statutes, 
and all other general laws that are now, or may hereafter be 
in force relative to insurance companies. 

Section 2. The 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 any amount not exceeding two hundred 
thousand dollai's, and may hold real estate for its use, not 
exceeding ten thousand dollars. 

Section 8. The said company may issue policies when- 
ever fifty thousand dollars of the ca})ital stock shall be paid 
in : provided, that no more than ten per centum of the 
capital paid in shall l)c taken on any one risk. [^Approved, 
Blarch 25, 1857.] 

An Act to amend chapter fifty-five of the Revised Statutes, relating- to 

Fisheries. 

Be it enacted, Sfc, as folloivs : 

Section 1. No person shall take or catch any pickerel or 
trout, in any rivers, streams or ponds, in any other manner 
than by hooks and lines ; and no person shall take any pick- 
erel, in any rivers, streams or ponds, from the first day of 
December to the first day of May ; and every person offending 
against any of the provisions of this act, shall forfeit the sum of 
one dollar for every pickerel or trout by him taken contrary 
to the said provisions, to be recovered by indictment, or on 
complaint before any justice of the peace ; and one-half of 
said fine shall belong to the complainant, and the other half 
to the Commonwealth : provided, that the inhabitants of 
any town may, at their annual meeting, suspend, in whole 
or in part, the provisions of this act, so far as respects such 
town, for any time not exceedhig one year. 

Section 2. The second section of chapter fifty-five of the 
Revised Statutes, relating to fisheries, is hereby repealed. 
[Approved March 25, 1857.] 



1857.— Chapters 31, 32, 33, 34. 425 

An Act in addition to an act to incorporate tlie Massachusetts Sabbath CJian. 31. 
School Society. ^' 

Be it enacted, c^^^c, as folloivs : 

Section 1. The Massachusetts Sabbath School Society Mayhowaddi- 
may take and hold real or personal estate, to an amount not nor*excel*aii?g 
exceeding fifty thousand dollars, in addition to the amount *50,ooo. 
they are now authorized by law to take and hold. 

Section 2. This act shall take effect from and after its 
passage. \_Approved March 28, 1857.] 



Chap. 32. 



An Act concerning the Boston and New York Central Railroad Com- 
pany. 

Be it enacted, Sfc, as follows : 

Section 1. The time, within which the Boston and New Time for con- 
York Central Railroad Company may construct the middle fd oneyear.*'"'^" 
and eastern section of that part of their railroad which was 
incorporated under the name of the Southbridge and Black- 
stone Railroad, is hereby extended to one year from the 
time now allowed by law. 

Section 2. The fifty-eighth section of the thirty-ninth Time for estimat- 
chaptcr of the Revised Statutes is, in this case, hereby ex- tended!""'^^"^ '"'" 
tended, so as to allow all persons whose lands or other pro- 
perty have been taken for the purposes of this road, one 
year after the entire road is completed and opened for use, 
within which to apply to the county commissioners to esti- 
mate their damages. 

Section 3. This act shall take effect from and after its 
passage. \_Approved March 28, 1857.] 



An Act to authorize James G. Tarr and others to extend their Wharf. (^L^^i '^'^ 
Be it enacted, Sf'c, as foUoivs : 

Section 1. James G. Tarr, Andrew W. Dodd and Stephen May extead 
Dodd are hercliy authorized to extend tlicir wharf, in Smith's ^^''^'"'^' 
Cove, (so called,) in the harlior of Gloucester, a distance of 
one hundred feet in a south-easterly direction : provided, Proviso. 
tliat this grant shall in nowise impair the legal rights of any 
person or corporation. 

Section 2. This act shall take effect from and after its 
passage. \_ApproDed March 28, 1857.] 

An Act In addition to an Act relating to Banns of Marriage. Ohffn 34 

Be it enacted, ^'C, as follovjs : 

If any person, applying to any clerk or registrar of any Penalty for mak- 

., i ^ i> i.-r i. p • L ±- p • 111 '"g <!i'se state- 

city or town t