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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

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Andover in said county, and the act requiring a court of Act repealed.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day in January annually, is li'ereb}'- repealed.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

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.

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.]

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.

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.]

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.

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.]

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-

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.]

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.]

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.]

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

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.

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.

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.]

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.]

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

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.]

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.]

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

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-

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.

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-

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.

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

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.

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. *^'^''^-

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,

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, .

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, .

1,494
852

00
00

792

834

708

1,254 00

1,356 00
660 00

702 00

1,458
1,098

00
00

546

738

672

732

450

1,038

330

822

396

648

792

552

840

642

1,200

912

840

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

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, . . , ;

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

1,050

558

$21,222

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.]

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.

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.]

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

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. *^'"^-

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 ?

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

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 ?

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.

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.]

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.

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

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''"'^'°^^'"°"'-

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

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

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.

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.]

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.

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.]

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

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

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.

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

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

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.

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.

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.]

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.

* 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.

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

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.

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

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.]

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 tor a certilicate of nitention of marriage, shall mont.

wilfully practice any deception, by making any false state-
ment in relation to the age or residence of either of the

for public insti
tutions

426 1857.— Chapter 35.

parties intending marriage, or in relation to the parent,
master or guardian of either of the said parties, such person
shall be subject to a penalty of not more than two hundred
dollars, to be recovered by indictment, to the use of the
Commonwealth, in any court competent to try the same.
[Approved March 28, 1857.]

r'/i/Yi) '^T An Act to establish a Board of Directors of the Public Institutions for the
KyfiajJ. oo. ^..^^^^ ^^ Boston and for the County of Suffolk.

Be it enacted, &c., as follows :
Twelve directors SECTION 1. There sliall be elected by the city council of
the city of Boston, by concurrent vote, twelve suitable per-
sons, resident citizens of the said city, who shall constitute a
board of directors for the houses of industry and reforma-
tion, and the lunatic hospital within said city, and the house
of correction for the county of Suffolk. The said board
shall be styled, " The Board of Directors for Public Institu-
Powers, duties, tious," and sli^ll havc all the authority and powers, and be
*""■ subject to all the duties now conferred and imposed by virtue

of existing statutes, respectively, upon the directors of said
houses of industry and reformation, and the overseers of
said house of correction ; together with such other powers
and duties in connection with said lunatic hospital, and the
management of the business thereof, as the said city council
may, by ordinance, and in conformity to the statutes of the
Commonwealth, provide. A majority of said board of direc-
tors shall constitute a quorum for the transaction of business ;
and upon the election of the first board, as provided in the
City council dis- fourtli scctiou of this act, said city council shall be dis-
r^atfonsf""" °''" charged from all obligations of statutes now existing, re-
quiring the election or appointment of directors or overseers
for either of said institutions.
Powers as to in- SECTION 2. Tlic Said board of directors shall also have
saue persons. ^j^^ samc powcrs, as to the discharge of insane persons from
confinement, as are now vested in the mayor and board of
aldermen of said city.
City council may SECTION 3. Thc Said citv couucil shall have power to

pass ordinances, , ,. ,.•' • , , i • J^

&c. pass such ordniances, not inconsistent herewitli, or repug-

nant to other laws of this Commonwealth, as to the duties
and authority of said board of directors, and providing for
their reasonable compensation, as it may, from time to time,
deem expedient and necessary.
Election of first SECTION 4. Said city council shall proceed, after the
tors. acceptance of this act, to elect by ballot, nine citizens at

large, three of whom shall be elected and hold their office
for three years, three for two years, and three for one year ;

1857.— Chapters 36, S7. 427

and these persons, together.with one member from the board
of aldermen, and two members from the common-council
of said city, to be elected for one year by the said city coun-
cil, shall constitute the first board of directors under this act :
and thereafter, annually, the said city council shall elect, in subsequent eiec-
the manner aforesaid, three citizens of said city, at large,
who shall hold their office in said board of directors for three
years, and one member of the board of aldermen, and two
members of the common-council of said city, who shall hold
their office in said board of directors for one year. Each of
the said directors, so elected under this act, shall, in addition
to his said term, hold his office until another is elected in his
stead ; and the said city council shall have power to remove Power to remove
members from said board of directors for cause shown, and "canc^s.'''''^ *""
to fill all vacancies which may occur in the same.

Section 5. This act shall not go into effect, unless ac- "^vhentotaue
cepted by said city council within six months from its pas-
sage, and shall take effect directly upon and after such
acceptance.

Section 6. All acts and parts of acts, inconsistent here- inconsistent acts
with, are hereby repealed. \_Approved Blarch 28, 1857.] ^^^'^ *"^'

Ak Act to change the place of holding the September Meeting of the QJiffn 3(5
County Commissioners of IVliddlesex. -^

Be it enacted, Sfc., as follows :

Section 1. The meeting of the county commissioners for i*iace of hoiaing
the county of Middlesex, now liolden at Concord, in said ed!^'°^^ ^ ^*
county, on the first Tuesday of September in each year, shall
hereafter be holden at Lowell, in said county, on the first
Tuesday of September, annually.

Section 2. The same proceedings shall be had at the Proceedings on
said meeting, on all matters which now are or may be pending p''°'^'°s matters,
before said commissioners, as would have been had if the
said alteration had not been made.

Section 3. This act shall take effect from and after its
passage. [^Approved March 28, 1857.]

An Act to repeal certain Acts concerning persons under Sentence of CIlCW 37

Death. ^ '

Be it enacted, Sfc, as follows :

Section 1. The two hundred and seventy-fourth chapter of Acts repealed

the acts of the year eighteen hundred and fifty-two, entitled,

" An Act concerning persons under Sentence of Death," and

the two hundred and eighty-sixth chapter of the acts ot the

year eighteen hundred and fifty-three, entitled, " An Act to

amend an Act concerning Persons under Sentence of Death,"

428

1857.— Chapters 38, 39, 40.

Chap. 38.

Proviso. are hereby repealed : provided, tljat this act shall not affect

any prosecution pending at the time of its passage, or any
rights acquired, or liabilities incurred under any existing
law, on account of any thing done before this repeal takes
effect.

Section 2. This act shall take effect from and after its
passage. {^Approved March 28, 1857.]

An Act to amend " An Act concerning the Indexing of Deeds."
Be it enacted, SfC, as folloivs :
Act amended. Thc sccoud scctiou of cliaptcr two huudrcd and ninety-

two of the Acts passed in the year one thousand eight hun-
dred and fifty-six, entitled, " An Act concerning the Indexing
of Deeds," is hereby so amended, that the county commis-
sioners in each county, shall have power, whenever they shall
deem it expedient, to extend the time within which the copies
of indexes required by said section, shall be made : provided,
however, that such copies shall in all cases be made for each
year, within the next succeeding year. \_Approved March
31, 1857.]

QQ An Act to extend the time within which to locate and construct the New
York and Boston Raih'oad.

Be it enacted, SfC, as folloivs :

Section 1. The time for locating and constructing the
New York and Boston Railroad, is hereby extended one year
beyond the time now required by law.

Section 2. The fifty-eighth section of the thirty-ninth
chapter of the Revised Statutes, is, in this case, hereby
extended, so as to allow all persons, whose lands or other
property 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
estimate their damages.

Section 3. This act shall take effect from and after its
passage. \^Approved March 31, 1857.]

Chap. 40. -'^^ ■^'-'^ ^^ rehition to Public Reports and Documents. '

Be it enacted, SfC, as follows :
Annual reports of SECTION 1. All auuual rcports of public officers, boards

public officers, •,•.;• i-i -tii x

&e., to be made Or mstitutious, whicli arc now required by law or custom
commouweaitii°^ to bc uiadc to thc Icgishxturc, or to his excellency the gov-
ernor, to be by him transmitted to the legislature, or to
be made to the governor and council, shall hereafter
include the year ending on the thirtieth day of September,

Proviso.

Chap.

Time for location
and construction
extended.

Time for assessing
damages extend-
ed.

1857.— Chapter 40. 429

annually, and shall be submitted to the secretary of the
Commonwealth on or before the fifteenth day of October,
annually ; and the secretary shall cause said reports to be secretary to
forthwith printed, so that they may be laid before the legis- tobe'printe^^
lature in a printed form on the first Wednesday in January,
annually : provided^ that if any of said reports shall be un- Proviso.
necessarily voluminous, or contain matter improper to be
printed, the secretary is hereby authorized and required, with
the authority of the governor and council, to omit such por-
tions as may be unnecessary or improper, in order to reduce
the printed report to a reasonable length and a proper form.

Section 2. The said documents shall be styled the style and number
" Public " series of documents, and shall be numbered sepa- ° °'="™*"i ^■
rately from the " Senate " and " House " series ; and the
secretary shall include in said series the annual abstracts
prepared in his office, and shall cause the same to be printed
before the first Wednesday in January annually.

Section 3. Any commission now established or which Reports of com-
may hereafter be established, shall make reports at the time °'''^'""*^'''*-
and in the manner prescribed in the first section of this act.

Section 4. The first section of this act shall not apply to Act not to apply
the annual reports of the treasurer, auditor, attorney-general, to*^"'*^-"" oncers.
board of education, board of agriculture and adjutant-
general, which shall be made at the times now required by
law, nor to the annual address of his excellency the governor ;
but said officers are hereby authorized to require any portion
of their reports to be put in type previous to the first
Wednesday in January, annually, when the same can be
done consistently with the public advantage.

Section 5. The first section of this act shall not apply to Act not to apply
the annual reports of the railroad corporations ; but said rat^ns?'''^ *'°'^^'''
reports shall include the year ending on the thirtieth day
of November, annually, as now provided by law ; but in Railroad corpo-
lieu of the present provisions of law respecting the delivery [hoh-annuafre-
and printing of said reports, it is hereby enacted that the i*"';''*' an'^/w-

-,.-,-> • in ^ • 1 nish one thou-

several railroad corporations shall cause their reports to be sand copies to
printed at their own expense, in conformity to the style '"''^'■*-''^''^'
and form heretofore usual ; and each corporation shall deliver
to the secretary of the Commonwealth, annually, one thou-
sand copies of its report in a printed form, on or before the
first Wednesday in January.

Section 6. Any railroad corporation, which shall neglect Penalty for neg-
to make its report as prescribed in the foregoing section, i-eport
shall be liable to the penalty provided in the second section
of chapter one hundred and two of the acts of eighteen
hundred and fifty-one, relating to the annual reports from
railroad corporations.

430

1857.— Chapter 41.

Secretary to pre-
pare abstract of
returns.

Act not to apply
to insurance com-
missioners.

Secretary to de-
termine number
to be printed.
To^v^lS to be fur-
nislied wltli com-
plete sets.

Next reports after
passage of this
act.

Special reports
not prohibited.

Lej;islature may
order documents
printed.

Inconsistent acts
repealed.

Section 7. The secretary of the Commonwealth shall
prepare an abstract of the returns from the railroad corpo-
rations, in the form now prescribed by law, and shall submit
the same to the legislature, in a printed form, as soon as
practicable after the returns are received.

Section 8. The first section of this act shall not apply to
the annual report of the board of insurance commissioners ;
but said report shall be made at the earliest practicable date
after the returns are received from the several insurance
companies, and shall be printed on or before the first
Wednesday in January, annually.

Section 9. The secretary shall determine the number of
copies of said reports which shall be printed ; and in addition
to the distribution which has heretofore been usual, in con-
formity with existing provisions of law, he shall furnish
annually a complete set of the public series, in a bound
volume, to every town in the Commonwealth, to be preserved
in some public place in the town.

Section 10. The. next reports of public officers, boards
and institutions, made after the passage of this act, shall be
made for the period, although less than a year, ending on
the thirtieth day of September next, any thing contained in
the first section of this act to the contrary notwithstanding.

Section 11. Nothing in this act contained shall be con-
strued to prohibit public officers or boards, or the managers
of public institutions, from .making special reports at other
times, in addition to their annual reports ; and it is hereby
declared to be their duty to make such special reports, when-
ever the public interest may be subserved thereby.

Section 12. Nothing in this act contained shall be con-
strued to qualify the right of either house of the legislature
to order to be printed, at any time, such documents as they
may see fit.

Section 13. All acts and parts of acts, and all provisions
of law, inconsistent with the provisions of this act, are hereby
repealed. [Approved April 2, 1857.]

An Act in relation to the Massachusetts Historical Society.
Be it enacted, c^c, as follows :

Section 1. Nothing in the act of incorporation of the
responding mem- Massachusctts Historical Society, shall prevent said society
from electing associate or corresponding members residing
without the limits of this Commonwealth, or honorary mem-
bers residing either within or without said limits, or from

Chap. 41.

Election of cor-

Honorary mem
bers.

1857.— Chapters 42, 43, 44. 431

havino; as many as one hundred resident members, at their Resident mem-
discretion.

Section 2. This act shall take eflfect from and after its
acceptance by said society. \_Approved April 2, 1857.]

An Act relating to the Springfield Institution for Savings. Chan 42

Be it enacted, Sfc, as folloivs :

The corporation known and called by the name of the corporation con-
Springfield Institution for Savings, which was established by *"'"^'^'
an act of incorporation, passed by the legislature on the six-
teenth day of June, in the year eighteen hundred and
twenty-seven, entitled, " An Act to incorporate the Spring-
field Institution for Savings," and by said act was to continue
for the term of thirty years, is hereby continued as a corpo-
ration after the said term of thirty years shall have expired ;
with all the powers and privileges, and subject to all the Privileges, re-

• -... c? u strictioDS &c

duties, liabilities and restrictions, set forth in the thirty-sixth
chapter of the Revised Statutes, and in all other laws of the
Commonwealth relating to institutions for savings. {^Ap-
proved April 2, 1857.]

Ax Act concerning the IMiddlesex Railroad Company. Chap. 43.

Be it enacted, Sfc, as folloivs :

Section 1. The mayor and aldermen of the city of Bos- Location of tracks
ton are hereby authorized to extend the location of the tracks of Boston.*'^ "*^
of the Middlesex Railroad Company, upon and over such
streets within said city, as may be determined by them, with
the assent, in writing, of said company ; and the Middlesex company maj-
Railroad Company are hereby authorized to construct, main- such tracks'!'^'^*
tain and use such tracks as may be located as above ; with
the same powers and privileges, and subject to the same s'trirtkfns,'&c^'
duties, liabilities and restrictions, in relation thereto, as if
they had been authorized to be located by the act by which
said company was incorporated.

Section 2. This act shall be void, unless the same shall Act to be accept-
be accepted by the city comicil of the city of Boston, within ^none"'4r°"^*''^
one year from its passage.

Section -3. This act shall take effect from and after its
passage. \^Approved April 2, 1857.]

An Act to incorporate tlie Franklin Savings Bank, in Pawtucket. Chnn 4-4-

Be it enacted, ^c, as follows :

Benjamin L. Pitcher, James 0. Starkweather, Nahum corporators.
Bates, their associates and successors, are hereby made a
corporation by the name of the Franklin Savings Bank, to ^ame.

432 1857.— Chapters 45, 46, 47.

Privileges, re- be Gstablislied ill the town of Pawtucket ; with all the powers
lie loiis, c. ^^^^ privileges, and subject to all the duties, liabilities and
restrictions, set forth in the thirty-sixth chapter of the Re-
vised Statutes, and in all other laws of the Commonwealth
relating to institutions for savings. \_Approved April 2,
1857.]

Chnp 45 -^^ -'^CT to authorize Abraham Read and others to build a Wharf in the
^ ■ * City of Fall River.

Be it efiacted, d^c, as folloivs :

J^^harf in Fall Abraham Read, Isaac Read and Joseph Read, are hereby

authorized to build and maintain a wharf, extending (from
high-water mark,) two hundred feet into Taunton Great
River, from land ow^ned by them, (at the village of Steep

Rights, &c. Brook,) in the city of Fall River ; and they shall have the
right to lay vessels at the end and sides of said wharf, and

Proviso. to receive wharfage and dockage therefor : provided, .that

this act shall in no wise interfere with the legal rights or
privileges of any person or persons whatever. [^Apjjroved
May 3, 1857.]

diril) 4fi ^^ '^^^^ ^^ increase the Capital Stock of the Pemberton Mill.

Be it enacted, SfC., as folloivs:
Capital stock in- The Peiiibertoii Mill is hereby authorized to increase its
oreased fivejiun-^ Capital stock, by adding thereto five hundred additional
!»i,oooeach. gliarcs of one thousand dollars each, and to invest such in-
crease in real and personal estate, as may be necessary and
convenient for carrying on the business of the corporation :
Proviso. provided, however, that no shares in the capital hereby au-

thorized, shall be issued for a less sum or amount, to be
actually paid in on each, than the par value of the shares in
the original stock of the corporation. \^Approved April 3,
1857.]

Chcip. 47. ^^ ^^^ ^° authorize George Dunham and another to build a Wharf.
Be it enacted, SfC, as folloivs :

May build wharf. Gcorgc Duiiliam aiid Mathew p. Butler, are hereby au-
thorized to build and maintain a wharf, from their land
adjoining the west side of Holmes' Hole Harbor, extending
the same five hundred feet from low-water mark, or to foiir-

Proviso. teen feet of water at low tide : j^i'ovided, however, that the

said wharf shall not extend into the harbor or channel so

Rights, &c. as to obstruct the navigation thereof ; and they shall have
the right to lay vessels at the end and sides of said wharf.

Proviso. and to receive wharfage and dockage therefore provided.

1857.— Chapters 48, 49. 433

that this act shall not affect the legal rights of any person,
and also that said wharf shall be built on piles below low-
water mark. [^Approved April 3, 1857.]

Ax Act concernIn<r the Trustees of African Methodist Episcopal /^7, ^„ ao
Churches. ^'^^P' 4».

Be it enacted, SfC, as folloios :

Section 1. The provisions of the two hundred and eight- xmsteea appoint
ieth chapter of the acts of this Commonwealth, for the year corporate.* ^""^^
eighteen hundred and forty-seven, are herel)y extended to
trustees of societies of the African Methodist Episcopal
Church, appointed according to the discipline and usages
of said churcli ; and such trustees of any such society, organ-
ized under the provisions of said chapter, shall be a body cor- Privileges, re-
porate, with all the powers and privileges, and subject to all *'™*'°"^> ^''•
the duties and liabilities, in said chapter provided.

Section 2. All grants and donations to such trustees, and ah property to
all property, real and personal, held by them, not exceeding te^eJ,^&c. ^^
the amount limited in said chapter, shall, upon such organ-
ization as aforesaid, vest in, and be held by the body cor-
porate, for the uses and purposes for which the same were
granted or held.

Section 3. This act shall take effect from and after its
passage. [^Approved April 7, 1857.]

An Act to incorporate the United States Hotel Company, at Lawrence, r^j tQ.

Be it enacted, Sj'C, as folloivs :

Section 1. William L. Brown, William A. Richardson corporators.
and Lyman J. Sanborn, their associates and successors, are
hereby made a corporation, by the name of the United Name.
States Hotel Company, in Lawrence, for the purpose of Purpose,
erecting and maintaining a hotel in Lawrence, and the
buildings and appurtenances connected therewith ; with all Privileges, re-
the powers and privileges, and subject to all the duties, lia- ^'™''°"^' *''■
bilities and restrictions, set forth in the forty-fourth chapter
of the Revised Statutes : ]wovided, however, that said corpo- Proviso.
ration shall not carry on the business of hotel keeping, or be
in any way interested in said business.

Section 2. Said corporation may hold real and personal Reaiana person-

estate, for the purposes aforesaid, to an amount not exceed- exceed sts^ooo.'
ing seventy-five thousand dollars ; but no shares in the cap- no shares issued
ital stock of said corporation, shall be issued for a less sum under par.
or amount, to be actually paid in on each, than the par value
of the shares which shall be first issued. [Approved April
7,1857.]

434 1857.— Chapters 50, 51, 52, 53.

Chap. 50. -^ -^^T concerning Loan Fund Associations.

Be it enacted, Sfc, as folloivs :
Insurance com- SECTION 1. TliG insuraiiCG commissioiiers shall, on or
port annually on before the first Wednesday of January, annually, submit to
condition of,&c. ^^^^ legislature a report in print, of the general conduct and
condition of the several loan fund associations incorporated
by the authority of the Commonwealth, making such sug-
gestions as they shall deem expedient ; and furthermore, if
any of said associations, or any of the officers thereof, shall,
in the opinion of said commissioners, be found at any time
to have violated any law of this Commonwealth, in relation
to loan fund associations, said commissioners shall forthwith
Attorney-general prcscut the facts to tlic attomey-gencral, who, in behalf of the
may prosecute. Commouwcalth, sliall bc authorized to prosecute said associa-
tion or said officers, as the case may be, for such violation.

Section 2. This act shall take eifect from and after its
passage. \_Approved April 7, 1857.]

Chcip, 5 1 . An Act concerning Police Courts.

Be it enacted, S)^c., as follows :
rierorpoifc"' section l. The several police courts now established,
courts. and the police courts which may hereafter be established in

this Commonwealth, may exercise all the powers and per-
form all the duties, given to and required of justices of the
peace, by the laws of this Commonwealth, in and for the sev-
eral counties in which said courts are or may hereafter be,
respectively, located.

Section 2. This act shall take effect from and after its
passage. [^Approved April 7, 1857. J

Chcip. 52. -A-N Act to repeal chapter eigliteen of the Resolves of eighteen hundred

and fifty-one, concerning the Potato Rot.

Be it enacted, Sfc, as follows :
K^peai. Section 1. Chapter eighteen of the Resolves of eighteen

hundred and fifty-one, is hereby repealed.

Section 2. This act shall take effect from and after its
passage. [Approved April 9, 1857.]

Chctp. 53. An Act to incorporate the Monnamoiet Insurance Company.

Be it enacted, Sfc, as follows :
Corporators. SECTION 1. Joshua Nickcrsou, Elijah W. Carpenter and

Christopher Taylor, 3rd, their associates and successors.
Duration. are hereby made a corporation, for the term of twenty years

Name. from tlic passagc of this act, by the name of the Monnamoiet

Insurance Company, to be established in the town of Chat-

1857.— Chapters 54, 55. 435

ham for the purpose of making insurance against maritime

losses : with all the powers and privileges, and subject to all Privileges, re-

tlie duties, liabilities and restrictions, set forth in the forty- ^ "*^ '""''''

fourth chapter of the Revised Statutes, and all other general

laws, which now are, or hereafter may be in force, relative to

marine insurance companies.

Section 2. The said corporation shall have a capital capital stock
stock of fifty thousand dollars, divided into shares of fifty S-esofsso
dollars each, with liberty to pay in and increase the same to *^'^'*-
any amount, not exceeding one hundred thousand dollars,
and may hold real estate, for its use, not exceeding two thou- Reai estate .s2,ooo
sand dollars.

Section 3. The S'aid corporation may commence business, when to oom-
when twenty-five thousand dollars of its capital stock shall "''"'"" ''"''""''■
be paid in.

Section 4. This act shall take effect from and after its
passage. {^Approved April 9, 1857.]

An Act to authorize John Perkins and others to build a Wharf. Ckdl) 54

Be it enacted, Sj'c, as follows :

Section 1. John Perkins, William H. Perkins, George '"'harf in c.iou-
Perkins and Gilbert Perkins, are hereby authorized to build,
extend and maintain a wharf sixty feet in breadth, extending
from their land on the northerly side of the " Upper Cove,"
in the harbor of Gloucester, a distance not exceeding one
hundred and twenty feet, in a south-easterly direction from
high-water mark, and shall have the right to lay vessels at Rigiits, &c.
the end and sides thereof, and to receive wharfage and
dockage therefor : provided, that this grant shall in no wise Proviso-
impair the legal rights of any person or corporation.

Section 2. This act shall take effect from and after its
passage. {^Approved April 9, 1857.]

Ax Act in addition to an Act relating to Leasehold Estates. Chni) 5 5

Be it enacted, ^c, as folloivs :

Whenever any suit shall be brought to recover possession Proceedings in
of any premises held by virtue of a written lease, under the paymonTofreTt'
provisions of the one lumdred and fourth chapter of the
Revised Statutes, and of the two hundred and sixty-seventh
chapter of the statutes of the year eighteen hundred and
forty-seven, by reason of the non-payment of the rent
reserved in such lease, if the tenant sliall pay or tender to
the landlord or his attorney the rent due with interest
thereon, and all costs of suit, four days at least before the
return day of the writ, the lease shall be and continue in full

436

1857. — Chapter 56.

ProTiso. force : provided, that nothing herein contained shall affect

any other rights or remedies on the part of the lessor, which
may be provided for in such lease. {^Approved April 9,
1857.]

An Act to amend chapter two hundred fifteen of the laws of one
thousand eight hundred and fifty-six, entitled, " An Act relating tothe
organization of Corporations for Educational, Charitable and Religious
purposes."

Be it enacted, Sfc, as follows :

Section 1. Any seven or more persons, within this Com-
monwealth, who shall, by writing, associate themselves to-
gether under any name by them assumed, for educational,
charitable, or religious purposes, and shall comply with the
provisions of this act, shall, with their successors, be and
remain a body politic and corporate.

Section 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 its articles
of association, which articles of association and all amend-
ments thereto, shall be recorded in the office of the register
of deeds in the county wherein said city or town is situated ;
and it shall not be lawful for such corporation to appropriate
its funds to any other purpose.

Section 3. Any corporation, organized in accordance with
the provisions of this act, 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, so far as the said provisions shall be appli-
cable to corporations organized under the provisions of this
act.

Section 4. Such corporations may hold real and per-
sonal estate necessary for the purposes of said organization,
to any amount not exceeding one hundred thousand dollars.

Section 5. The real and personal estate of any company,
organized under the provisions of this act, shall not be
exempted from taxation in any case where any part of the
income or profits of the 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 vised or appropriated for other than educational, charitable,
or religious purposes.
Act repealed. SECTION 6. The two hundred and fifteenth chapter of the

statutes of the year one thousand eight hundred and fifty-
six, is hereby repealed.

Section 7. This act shall take effect on and after its
passage. \_Approved April 10, 1857.]

Chap. bQ.

Seven or more
persons may
organize as cor-
porations.

Purposes, &c., to
be specified.

Articles of associ-
ation to be record-
ed.

Privileges, re-
strictions, &c.

Real and personal
estate not to ex-
ceed $100,000.

Not exempt from
taxation.

1857.— Chapter 57. 437

An Act to incorporate the Charles River Navigation Company. Chap. 57.

Be it enacted, ^c, as follotvs :

Section 1. Nathaniel Whiting, Charles Bemis, William corporators.
G. Lincoln, their associates and successors, are hereby made
a corporation by the name of the Charles River Navigation Name.
Company, with power to deepen the bed of Charles River Powers.
from the head of tide water, at the bridge in Watertown
village, to the Hancock Free Bridge, between Boston and
Cambridge ; and said corporation may obtain boats, barges,
scows, sail or steam vessels, wherewith to navigate said river
for the conveyance of passengers or merchandise, and towing
of vessels or rafts thereon ; and make contracts for the prose-
cution of said work and carrying on said business.

Section 2. And said corporation may purchase real f^J eftaS'^not
estate to an amount not exceeding thirty thousand dollars, exceeding $30,-
and if upon the banks of said river, between the bridge at constructdocksj
Watertown village and the city of Cambridge, construct ^^^
docks and wharves thereon, lay vessels within and at the
sides thereof, and receive dockage and wharfage therefor ;
and improve and manage said property for mercantile pur-
poses, in such manner as to them shall seem expedient, and
sell and convey the same, or any part thereof: provided, Proviso,
that the amount of real estate held by said corporation
shall not exceed the sum of fifty thousand dollars, and that
nothing herein contained shall authorize the said corporation
to infringe upon the legal rights of any person, or to build
any wharf or other structure not now authorized by law ;
and that all mud, and other deposit matter by them exca-
vated, shall be removed, and not so deposited upon the banks
of the river as in any way to create a nuisance.

Section 3. Said corporation may, at its first meeting, shares not to ex-

,, ^ f ^ 1 T ij.1 ceed two thou-

agree upon the number 01 shares, not exceeding two thou- sand.
sand, into which their stock shall be divided, which shares Transferable.
shall be transferable in a book, to be kept by the clerk of the
corporation for that purpose ; may, from time to time, assess Assessments.
upon the stockholders such sums of money, not exceeding in
the whole one hundred dollars on each share, as may be
necessary for the purchase and improvement of their pro-
perty and the management of their business ; and may, in siiares soid for

i-iiTin 111 1 non-payment of

case any stockholder shall neglect to pay any such assess- assessments.
ment, cause such of the shares of such stockholders as may
be sufficient therefor, to be sold, in such manner as said cor-
poration by their by-laws may determine.

Section 4. Said corporation shall have all the powers ^^l^^^^l' ^^
and privileges, and be subject to all the duties, restrictions
and liabilities, contained in the forty-fourth chapter of the
Revised Statutes.

438

1857.— Chapters 58, 59.

Commissioners on
liiick Hay to have
superyision

&c.

Section 5. The deepening of the bed of Charles River,
authorized by this act, shall be done under the supervision
and to the acceptance of the commissioners on the Back
Bay ; and no wharf or other structure shall bo made upon
the banks of said river, injurious to its navigation.

Section 6. This act shall take effect from and after its
passage. \_Approved April 10, 1857.]

Chap. 58.

Corporators.

Name.
Purpose.

Privileges, re-
strictions, &c.

May hold neces-
sary real and
personal estate.

Proviso.

No shares issued
under par.

An Act to incorporate the American Print Works.
Be it enacted, Sfc, as follows :

Section 1. Richard Borden, Jefferson Borden,^ and
Nathan Durfee, their associates and successors, are hereby-
made a corporation by the name of the American Print
Works, to be established in the city of Fall River, for the
purpose of manufacturing, printing and preparing cotton and
other fabrics, for the market ; with all the powers and privi-
leges, and subject to all the duties, restrictions and liabilities,
set forth in the thirty-eighth and forty-fourth chapters of the
Revised Statutes.

Section 2. Said corporation may hold such real and per-
sonal estate, as may be necessary and convenient for the
purposes aforesaid : provided, the whole capital stock of said
corporation shall not exceed the sum of seven hundred and
fifty thousand dollars.

Section 3. No shares in the capital stock of said corpora-
tion shall be issued at less than the par value which may be
first fixed upon the same. [Approved April 11, 1857.]

Chat). 59. -^ -^^^ *^ establish

Boundary line
established.

the dividing Line between
Bridgewater and Halifax.

the Towns of East

Be it enacted, Sfc., as follows :

Section 1. The dividing line between the towns of East
Bridgewater and Halifax, in the county of Plymouth, is
hereby established, as follows : —

Beginning at the south-east corner of the town of East
Bridgewater, at a stone monument, standing on the southerly
side of the road in the westerly line of said Halifax, marked
" H. E. B. 1830 " ; thence running north five degrees forty-
five minutes east, one hundred forty-six rods ; thence run-
ning north thirteen degrees forty-five minutes east, two
hundred ninety-two rods, to a stone monument, standing on
the westerly side of the road, marked " 1830 " ; thence
running north twenty-one degrees and thirty minutes east,
sixty-one rods, to a stone monument, standing on the east-
erly side of the road— a corner of the town of Hanson : and

1857.— Chapter 60. 439

the said line, as above described, shall forever hereafter be
the dividing line between said towns.

Section 2. All the land lying on the northerly and p,itoEaJtB?ia''e-
westerly side of said line, which has heretofore constituted water.
a part of the town of Halifax, is hereby set off from the
town of Halifax, and annexed to the town of East Bridge-
water.

Section 3. This act shall take effect from and after its
passage. [Approved April 11, 1857.]

An Act foi- taking the Census of the Legal Voters and Inhabitants of Chap. 60.
this Commonwealth.

Be it enacted, Sfc., as follows :

Section 1. A census of the legal voters of each city and Decennial census
town in this Commonwealth, on the first day of May next, ° '*''* ^° ^"'
shall be taken and returned into the of&ce of the Secretary
of the Commonwealth, on or before the last day of June
next, and a census of the inhabitants of each city and town
on the first day of May, in the year eighteen hundred and
sixty-five, and of every tenth year thereafter, in the manner
hereinafter prescribed. In the census aforesaid, a special
enumeration shall be made of the legal voters, and in each
city, said enumeration shall specify the number of such legal
voters aforesaid, residing in each ward of such city.

Section 2. The said census shall be taken in the several census to be

.,., • 1 1 T n 111 taken by sworn

Cities by censors appointed by the mayors and aldermen, censors and as-
or the board of aldermen thereof, respectively, and in the ^**^°''^-
several towns by the assessors thereof, respectively, which
censors and assessors shall be sworn to the faithful discharge
of this duty. And said censors and assessors shall make Returns, &o.
out, in words at length, a return of the result of said census,
and shall sign the said return and make oath that the same
is true ; and a certificate of the said oatli, under the hand of
the magistrate administering the same, shall be annexed to
said return. And the said censors or assessors shall deliver
the said return to the sheriff, on or before the twentieth day
of June of the year in which said census is taken, who shall
transmit the same to the office of the secretary of the Com-
monwealth, on or before the last day of said June ; or the
said censors or assessors shall themselves transmit the said
return to the secretary's office on or before the day last
named.

Section 3. Any censor or assessor, who shall wilfully penalties for neg-
refuse or neglect to perform any duty imposed on him by ^'^°'° "^'
this act, shall be liable to a penalty not exceeding five hun-
dred dollars : and any sheriff", who shall wilfully refuse or

440

1857.— Chapter 61.

Secretary to
transmit act
and form of
returns.

Act repealed.

When to take
effect.

neglect to perform the duty imposed on him by this act,
shall be liable to a penalty not exceeding one thousand
dollars : and any censor or assessor who shall be guilty of
wilful deceit or falsehood in the discharge of any duties
enjoined by this act, shall be liable to a penalty not exceed-
ing two thousand dollars, or to imprisonment for a term not
exceeding one year.

Section 4. As soon as may be after the passing of this
act, the secretary shall transmit a printed copy of the same
to the clerks of the several cities and towns, respectively,
and a printed form of return, and shall annex to said form
a notification that all returns must be made into his office
on or before the last day of June next, and shall transmit a
like form of return on or before the first day of May, in the
year eighteen hundred and sixty-five, and every tenth year
thereafter.

Section 5. The act passed on the twenty-first day of
March, eighteen/ hundred and forty, entitled, "An Act for
taking a Census of the Inhabitants of this Commonwealth,"
is hereby repealed.

Section 6. This act shall take effect from and after the
date of the governor's proclamation, announcing that either
of the articles of amendment of the constitution, relating
to the districting of the State for the choice of representa-
tives or senators to the general court, to be submitted to the
people on the first day of May of the present year, has been
duly adopted and ratified by them ; and if both of said
amendments shall be rejected, this act shall be void.
[Approved April 11, 1857.]

Chap. 61. ^^ ■^^'^ *o authorize the Bo.ston Five Cents Savings Bank to hold Real

Estate.

Be it enacted, Sfc, as follows :

Section 1. The Boston Five Cents Savings Bank is hei^by
authorized to hold real estate within the city of Boston, to
an amount not exceeding one hundred tliousand dollars :
provided, that no part of said amount shall be invested in
real estate, except in the purchase of a suitable site, and the
erection or preparation of a suitable building, to be used for
banking purposes ; and all income, if any, arising from such
real estate, shall be devoted exclusively to the interests of
said corporation.

Section 2. This act shall take efi'ect from and after its
passage. [Approved April 13, 1857.]

May hold real es-
tate not exceed-
ing $100,000.

Proyiso.

1857.-— Chapters 62, 63. 441

An Act concerning the Boston and Chelsea Railroad Company. Chap. 62.

Be it enacted, 8fc., as follows :

The time, within which the Boston and Chelsea Raih'oad J^^^'^^Mtruction
Company are authorized to locate and construct their road, extended.
is hereby extended one year. [^Approved April 14, 1857.]

An Act to set off a part of the Town of Duxbury, and annex the same to Qhnn g3
the Town of Kingston. ■^'

Be it enacted, ^c, as follows :

Section 1, All that part of the town of Duxbury, in the Territory annex-
county of Plymouth, lying on the south-westerly side of a * ° °^^ '"^
line, beginning at Tussock Brook, so called, at the north-
westerly corner of the land of Timothy French, and thence
running south, seventy-seven degrees east, one hundred and
sixty-eight rods, to the shore, and thence in the same course
to the channel of Jones River, with the inhabitants and
estates thereon, is hereby set off and annexed to the town of
Kingston : provided, hoioever, that for the pupose of electing Proyiso.
a representative to the general court, to which the said town
of Duxbury shall be entitled, until the next apportionment
of representatives, the said territory shall continue to be and
remain a part of said town of Duxbury ; and the selectmen
of the said town of Kingston shall furnish to the selectmen
of the town of Duxbury, fourteen days, at least, before the
Tuesday next after the first Monday in November, annually,
a true list of all persons resident on said territory, who may
be entitled to vote in the choice of representative, as afore-
said in said town of Duxbury.

Section 2. The said inhabitants and estates, so set off, inhabitants to
shall be liable to pay all taxes that have been legally assessed a^specmeV^^^'
on them by the said town of Duxbury, 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
Kingston shall annually pay over, to the said town of Dux-
bury, the proportion of any state or county tax which the
said town of Duxbury may be required to pay upon the
inhabitants or estates hereby set ofl" ; said proportion to be
ascertained and determined by the valuation of the town of
Duxbury, next preceding the passage of this act.

Section 3. The town of Kingston shall be liable for the Paupers, how
support of all persons, who may, after the passage of this act, ^"p''°'^'^ >
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, and shall also refund to the
town of Duxbury, the amount paid by said town of Duxbury,

lating ordinance.

442 1857. -Chapters 64, 65.

for repairing the bridge over Jones River, during the last
year.

Section 4. This act sliall take effect from and after its
passage. [^Apjjroved April 14, 1857.]

Ch(ll) 64. ^ ^^^ "^ relation to the removal of Snow and Ice from the Sidewalks of
^ ' Cities.

Be it enacted, SfC, as folloivs :

Removal of snow SECTION 1. Thc citv council of anv incorporated citv in
the Commonwealth, are hereby authorized to provide, by
ordinance, for the removal of snow and ice from the side-
walks, in such portions of such city, as shall be by them
deemed expedient.

Penalty for vio- SECTION 2. Sucli Ordinance shall determine in what time
and manner snow and ice shall be removed, as aforesaid, and
shall affix suitable penalties, not exceeding fifty dollars, to

proTiso. any violation of the provisions of said ordinance : provided,

that no person' shall be liable to any penalty, as above pro-
vided, excepting the owner or tenant of the estate abutting
upon the sidewalk, from which the snow and ice are required
to be removed. \_Approved April 14, 1857.]

Chop. 65. -^ ■^'^^ concerning the State House.

Be it enacted, Sfc, as follows :
Committee to re- SECTION 1. Thcrc sliall bc annuallv appointed by the

port necessary re- , , „ . • • x j t

pairs, &c., upon scnatc and house oi representatives, a joint standing com-
state house. mittce ou tlic statc liousc, coiisistiiig of two members on
the part of the senate, and five on the part of the house,
who shall report to the legislature, what repairs and im-
provements are necessary to be made in and upon the state
house, and the grounds connected therewith, together with
an estimate of the expenses attending the same.
Commissioners to SECTION 2. Thc scrgeant-at-arms, sccretarv and trcasurcr

have charge of ap- n,/-^ iiini ni i

propriations, &o. 01 the Commoiiweaith, shall be and hereby are constituted
and appointed a commission, having in charge the appropria-
tions for the repairs, improvements and furniture of the
statc house, and contingent expenses of the council, gen-
eral court, and ofiices in the state house ; and no expenses
shall be incurred for the aforesaid purposes, unless pre-
viously authorized by said commission, and no expenses
shall be authorized by them unless the same come within

Proviso. the amount appropriated by the legislature : provided, how-

ever, that in case of damage to the state house, caused
during the recess of the legislature, by fire or other unfore-
seen casualty, thc said commissioners shall have authority

1857.— Chapters 66, 67, 68. 443

to make whatever repairs may be necessary for the protec-
tion and preservation of the buikling.

Section 3. No compensation shall be allowed for services no compensation
on this commission.

Section 4. All acts and parts of acts, inconsistent with inconsistent acts
this act, are hereby repealed.

Section 5. This act shall take effect from and after its
passage. [Approved April 14, 1857.]

An Act in relation to tlie Jurisdiction of the Supreme Judicial Court. Chcip. 66.
Be it enacted, ^c., as folloivs :

The supreme iudicial court, at any law term held for two .Turisdiction of

• ~ J S J Court

or more counties, shall have cognizance of all suits, writs,
processes and other matters, which may arise or be pending
in either of the said counties, excepting the counties of
Dukes and Nantucket, in like manner as if the court were
held in the county in which the matter is pending, except
that no issue shall be tried by a jury in any county other
than that in which the suit is pending ; and original writs,
and all other writs and processes sued out in either of said
counties, may be made returnable to the law term, then next Returns of pro-
to be held for the same county, in like manner as if the '"'^^*^"
court were held in the county within which said writs and
processes were sued out. [Approved April 17, 1857.]

An Act to authorize Samuel J. Goodwin to build a Wharf, in Swampscott. (JJicin, 67.
Be it enacted, Sfc, as folloivs :

Section 1. Samuel J. Goodwin is hereby authorized to May buiid wharf.
build and maintain a wharf from his land in Swampscott,
at Blaney's Beach, forty feet wide, and to extend into the
sea four hundred feet from high-water mark ; and he shall Rights, &o
have the right to lay vessels at the end and sides of said
wharf, and receive wharfage and dockage therefor : provided, Proviso.
that this grant shall not in any manner interfere with the
legal rights of any person or persons whatever.

Section 2. This act shall take effect from and after its
passage. [Approved April 18, 1857.]

An Act to authorize the Eliot Fire Insurance Company to hold Keal Ch(tp. 68.

Estate.

Be it enacted, (^r., as follows :

The Eliot Fire Insurance Company, of the city of Boston, Additional real
may hold real estate, in addition to the amount now autlior- ^^^^''' ' '
ized to be held by them, in a sum not exceeding seventy thou-
sand dollars, one-half of which may be taken from the capital
7

444 1857.--CHAPTEES 69, 70, 71.

stock thereof, and the residue from the earnings of said cor-
poration— any law to the contrary notwithstanding. {^Ap-
proved April 18, 1857.

Chap. 69. -^ Act to authorize tlie Commissioners of Worcester County to borrow

Money.

Be it enacted, SfC, as folloivs :

auto™rized°T Section 1. The county commissioners for the county of
borrow «35,ooo, Worccstcr are hereby authorized and empowered to borrow,
to build jail. on the credit of said county, in addition to the amount of
debt they are now authorized to contract, a sum not exceeding
thirty-five tliousand dollars ; the same to be expended by the
said commissioners, or their successors in office, in building
Additional sum of a jail ill thc towu of Fitcliburg, in said county ; and also a
port convicts^"^" suiii uot cxcecding twenty thousand dollars, to be expended
by said commissioners, or their successors in office, in pro-
viding further accommodations for convicts sentenced to the
house of correction, in said county.

Section 2. This act shall take effect on and after its
passage. {Approved April 18, 1857.]

Cheep. 70. -^^ Act to authorize Silas Hatch and others to construct a Cart-way in

the Town of Falmouth.

Be it enacted J S^^c, as follows :

Cart-way in Fai- Silas Hatch, Beniamiii Hatch, Moses E. Hatch and Thatcher
C. Hatch, proprietors of a " right of way " over Meadow
Neck, and owners of Seaconset Island, so called, in the town
of Falmouth, their heirs and assigns, are hereby authorized
to construct and maintain a cart-way across the creek from

Proviso. Meadow Neck to Seaconset Island : provided, that this grant

shall in no wise interfere with the legal rights of any person
or persons. {Approved April 18, 1857.]

Chcip. 71. -^^ Act in relation to the accounts of Executors, Administrators and
■^ Guardians, and the examination of persons suspected of Embezzlement,

in certain cases.

Be it enacted, ^c, as follows :
nSrato'rs*&c. Section 1. Evcry executor, administrator, guardian, or
tom'^ke fuii'^dis- other person, authorized to make sale of lands under the
proceedings, &c. provisions of tlic scvcnty-first and seventy-second chapters
of the Revised Statutes, or of the one hundred and ninetieth
chapter of the acts of eighteen hundred and thirty-eight,
shall be required, upon the application, to the judge of
probate, of any heir, creditor, ward, or other person inter-
ested in the estate, to make answer upon oath, to all matters
touching his exercise and fulfillment of said license, includ-

1857.— Chapter 72. 445

ing all proceedings under it from its first grant, as fully as
he is now liable to account, and to be examined in reference
to personal estate : and if, in relation to the exercise of such Proceedings in
license, or any sale under it, there shall be any neglect or du'ct°&™^''°°
misconduct in the proceedings of such executor, adminis-
trator, guardian, or other person, by which any person inter-
ested in the estate shall sufter damage, such aggrieved person
may recover compensation therefor, on the probate bond or
otherwise, as the case may require.

Section 2. Upon complaint made to the judge of probate. Judge of probate
by any executor, administrator or guardian, or by any heir, eiTperso'nrto'ap-
legatee, ward, creditor, or other person interested in the p®'''''' ^'^'
estate of any deceased person or ward, against any one sus-
pected of having fraudulently received, concealed, embezzled,
or conveyed away any of the moneys, goods, effects, or other
estate, as well real as personal, of the deceased person or of
the ward, the judge may cite such suspected person, including
therein an executor, administrator or guardian, to appear
before him, and to be examined on oath, upon the matter of
such complaint ; and if the person so cited shall refuse to Punisbment on
appear and submit to such examination, or to answer such peaT,'sfc. ° *^"
interrogatories as shall be lawfully propounded to him, the
judge may commit him to the common jail of the county,
there to remain in close custody, until he shall submit to
the order of the court ; and all such interrogatories and
answers shall be in writing, and shall be signed by the
party examined, and filed in the probate court.

Section 3. The thirty-ninth section of the seventy-first Acts repealed.
chapter, the seventh section of the sixty-fifth chapter, and
the twenty-seventh section of the seventy-ninth chapter of
the Revised Statutes, are hereby repealed, — saving any rights
which may have accrued, or any proceeding which may be
now pending, under and by virtue thereof. [Approved April
18, 1857.]

Ax Act to Incorporate the Young Men's Union, of Salem. CJlGi). 72.

Be it enacted, SfC., as follows :

Section 1. George M. Whipple, A. Augustus Smith, corporators.
Alfred Stone, Sidney C. Bancroft and George R. Emmerton,
their associates and successors, are hereby made a corpora-
tion, by the name of The Young Men's Union, of Salem ; for Name.
the purpose of diffusing and promoting knowledge among i'«n'ose.
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- p^.;^;, ,g.
ent ; with all the powers and privileges, and subject to all strictions,' &c.

446

1857.— Chapter 73.

Persons eligible
as membei'S.

the duties, restrictions and liabilities, set forth in the forty-
fourth chapter of the Revised Statutes.
Real and personal SECTION 2. The said corDoratiou may hold real and per-

estate not to ex- i,,,i t^j^i /> -li

ceed $60,000, to souai cstatc, to be used lor the purposes aioresaid, not
bejested in trus- g^^^gg^jj^g j^^ ^y[^ tho valuc of sixty thousaud dollars, the

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 joint board, consisting of the trustees aforesaid, and the
board of government named in the fourth section of this act.

Section 3. Persons engaged in mercantile and other
laudable pursuits, or preparing themselves therefor, and
above the age of sixteen years, and no others, shall be eligi-
ble as members of the corporation, and entitled to vote and
act as officers thereof, excepting that in no case shall a per-
son under twenty-one years of age be a trustee.

Section 4. The persons holding the following offices shall
constitute the board of government of the association, to
wit : the president, vice-president, corresponding secretary,
recording secretary, treasurer, and a board of directors,
which shall consist of not more than thirteen members, — all of
whom shall be elected in the manner prescribed by the by-
laws of the association ; and said board of government may
receive as subscribers to the library or reading-rooms, and
admit to the privileges thereof, any person or mercantile
firm, who may not be eligible as a member or members of
the association under this act, upon the payment of a sub-
scription, and complying with such other terms and condi-
tions as said board may prescribe.

Section 5. The act entitled, " An Act to incorporate the
Young Men's Union, of Salem," approved March fourth,
eighteen hundred and fifty-seven, is hereby repealed.

Section 6. This act shall take effect from and after its
passage. [Approved April 18, 1857.]

Board of govern-
ment.

Kepeal.

Chap. 73.

Corporators.

Purpose.

An Act to incorporate the First Baptist Church, in Woburn.
Be it enacted, Sfc., as follovjs :

Section 1. John Tidd, John Cummings, and all other
members of the First Baptist Church, in Woburn, in the
county of Middlesex, and their successors, as members of
said church, are hereby made a corporation, for the purpose
of taking, holding and managing the donations made to said
church, for their own use, and also as trustees, by and under

1857.— Chapters 74, 75. 447

the last will and testament of Peter Fisk, late of said Wo-

burn, deceased : said corporation to have all the rio-hts and Privileges, re-

strictiou** &c

powers, and be subject to all the duties, liabilities and ''

requirements, provided by the laws of this Commonwealth,
so far as the same are or may be applicable to such cor-
poration.

Section 2. For the purposes of this act, women and Members of cor-
minors, who now are, or shall become members of said
church, sliall, so long as they shall remain members of the
same, be members of said corporation.

Section 3. This act shall take effect from and after its
passage. ^Approved April 21, 1857.]

Ax Act to amend " An Act concerning Beaches in the Town of North (JJiap, 74.

Chelsea."

Be it enacted, SfC, as folloivs :

Section 1. So much of the two hundred and ninety- Partial repeal.
third chapter of the acts passed in the year eighteen hundred
and fifty-live, entitled " An Act concerning Beaches in the
town of North Chelsea," as relates to sea-weed, is hereby
repealed.

Section 2. This act shall take effect from and after its
passage. [^Approved April 21, 1857.]

An Act in further addition to "An Act to establish the City of Cam- Chap. 75.

bridge." ^

Be it enacted, SfC, as folloivs :

Section 1. The qualified voters of the city of Cambridge, Election of assess-
at their annual meeting for the election of municipal officers °^^'
first to be held after the passage of this act, shall elect three
persons to be assessors ; and the person who receives the
highest number of votes, or in case two or more persons 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
year, and until another is chosen and qualified in his
stead ; and at every subsequent 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 ^ggjgtant-assess-
liabilities of assessors of towns. The qualified voters shall ors.

448

1857. — Chapter 75.

certain vacancies

School-commit-
tee.

at the same time, and in like manner, elect such number of
assistant-assessors as the city council may, from time to time,
determine ; and such assistant-assessors shall hold their offices
for the term of one year.

City council to fill Skction 2. Thc city council shall, in the month of Jan-
uary, annually, in convention, and by joint ballot, fill all
vacancies that may exist in the overseers of the poor, or in
the assessors or assistant-assessors, by reason of a failure to
elect by the inhabitants at their annual meeting. The can-
didates for filling such vacancies shall be determined in the
manner provided in the constitution of the Commonwealth
for filling vacancies in the State senate. All vacancies in
either of said board, of officers, arising from any other cause,
may be filled by the city council in like manner, from the
citizens at large.

Section 3. The qualified voters of the city, at the annual
meeting, shall choose ten persons for a school-committee,
three of whom 'shall be residents of ward numbered one,
four of ward numbered two, and three of ward numbered
tluee ; but whenever the number of wards shall be increased
to four, there shall be chosen two from each ward, and two
at large ; and whenever a greater number of wards shall be
constituted, there shall be chosen two from each ward.

Section 4. In addition to the election of officers in the
month of January, provided for in the act in addition to
" An Act to establish the City of Cambridge," approved
April fourteenth, one thousand eight hundred and fifty-three,
the city council shall, in the montli of January, annually,
in convention and by joint ballot, elect all subordinate
officers who are not chosen by the inhabitants, or appointed

Doings confirmed by the mayor and aldermen ; and the doings of the city
council in the election of such subordinate officers, for the
years one thousand eight hundred and fifty-five, one thou-
sand eight hundred and fifty-six, and one thousand eight
hundred and fifty-seven, are hereby confirmed, and shall be
as valid and effectual as if the elections had been made in
accordance wdth the provisions of the acts to which this act
is in addition.

Vacancy of ward SECTION 6. Whenever it shall appear to the mayor and
aldermen, that there is a vacancy in any of the ward offices,
it shall be their duty to issue their warrant in due form to
fill all such vacancies, at such time and place as they may
deem advisable ; and the same proceedings shall be had, and
adjournments, if necessary, as are prescribed for the election
of such officers at the annual meeting.

Section 6. In case of the absence of any ward ojficer,

City council to
elect subordi-
nate ofiScers, &c

1857.— Chapter 76. 449

at any ward meeting, such officer may be chosen pro tempore, officers pro um.
and shall have all the powers, and be subject to all the duties,
of the regular officer at such meeting.

Section 7. It shall be the duty of the warden to preside Presiding officer.
at all ward meetings, with the powers of moderators of town
meetings. In case of his absence, the clerk, and in case of
the absence of the clerk, any inspector shall preside ac-
cording to seniority, until a warden shall be chosen, as above
provided.

Section 8. The boundaries of the several wards, and Boundaries of
the number of members of the common-council which each ^sed^everyVre
shall be entitled to elect, shall continue the same as at tobel'iss?.*^*'"
present established, until the month of October in the year
one thousand eight hundred and fifty-seven, at which time,
and every fifth year thereafter, the city council shall revise
the boundaries of the wards, and may increase the number
thereof, and apportion the members of the common-council
to the several wards, in accordance with the provisions of
the act to which this act is, in farther addition : provided, Proviso.
however, that the whole number of wards in the city shall
not exceed five.

Section 9. Whenever the number of wards shall be Additional aider-
increased, as provided in the preceding section, the number
of aldermen shall be increased proportionally, and the in-
habitants shall be entitled to elect annually, a number of
aldermen equal to twice the number of wards in the city.

Section 10. All acts and parts of acts, inconsistent with inconsistent acta

, . . n 1 • . 11 11 repealed.

the provisions of this act, are hereby repealed.

Section 11. This act shall be void, unless the inhabitants Act void unless

11- iiipi adopted m six

of the city of Cambridge, at a legal meeting called lor that mouths.
purpose, shall, by a majority of the voters present and voting
thereon, by ballot, determine to adopt the same, within six
months after its passage. [^Ajiproved April 22, 1857.]

An Act in addition to " An Act to establish the City of Fall River." Chap. 76.
Be it enacted, 8fC., as follows :

Section 1. On the first Monday in March, annually, ciwice of warden,
there shall be chosen, by ballot, in each of the said wards, a ors'. ^" ^""^^""^
warden, clerk, and three inspectors of elections, who shall
be diiferent persons, residents of wards in which they are
chosen, who shall hold their offices for one year, and until
others shall have been chosen in their places, and qualified to
act. It shall be the duty of such wardens to preside at all Duty of wardens.
ward meetings, with the power of moderators of town meet-
ings ; and if, at any meeting, the warden shall not be present,

450

1857.— Chapter 76.

Duty of clerk.

Duty of inspect
ors.

omcers pro tem. tliG clei'k of sucli Ward shall call the meeting to order, and
preside until a warden, pro tempore, shall be chosen by ballot ;
and if, at any meeting, the clerk shall not be present, a clerk,
])ro tempore, shall be chosen by ballot ; and if both the war-
den and clerk shall be absent, either of the inspectors of
said ward may call the meeting to order, and preside until a
warden, pro tempore, shall be chosen as aforesaid ; and in
case of the absence of all of said officers, the constable who
returns the warrant to said ward meeting may call the meet-
ing to order and preside until a warden, pro tempore, shall be
chosen by ballot ; and whenever any ward officer may be
absent, or neglect, or refuse to perform his duties, his office
shall be filled, p7-o tempore, by ballot. The clerk shall record
all the proceedings and certify the votes given, and deliver to
his successor in office, all such records and journals, together
with all other documents and papers held by him in the said
capacity. And it shall be the duty of the inspectors of elec-
tions to assist the warden in receiving, assorting and count-
ing the votes. And the warden, clerk and inspectors so
chosen, 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
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 Bristol ; and the fact, or certificate, that such oath has
been taken, shall be entered on the record of the ward by

Mayor and alder- tlic clcrk tliercof. All Warrants for meetings of citizens, for

men to issue war- .., j.iiii'j.i' t • 1

rants for meet- muuicipal purposcs, to DC licld cithcr lu warcls or m general

"^^''- 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 2. The fourth section of the act entitled, " An
Act to establish the City of Fall River," passed April twelfth,
in the year one thousand eight hundred and fifty-four, is
hereby repealed.

Section 3. The provisions of this act shall be void, unless
submitted to, and approved by, the voters of the city of Fall
River, at meetings held simultaneously in the several wards,
upon notice duly given, at least seven days before the time
of holding said meeting. [Approved April 24, 1867. J

Repeal.

Act void unless
approved, &c.

1857.— Chapters 77, 78, 79. 451

An Act In addition to an Act establlsliing the City of Fall River. Chap. 77.

Be it enacted, ^'•c., as folloivs :

Section 1. The mayor and aldermen of the city of Fall Powers of mayor
River, shall have full and exclusive power and authority to
appoint a city marshal, and such numher of assistant-mar-
shals, constables and police officers, as they shall deem expe-
dient, and the same to remove at pleasure.

Section 2. All parts of the eighth section of the charter Partial repeal.
of the city of Fall River, inconsistent with this act, are here-
by repealed.

Section 3. This act shall be void unless it shall be Act voki unless

-,- ' • f ■x ^ 1 1 o accepted, &c.

accepted and approved by a majority oi the legal voters oi
the city of Fall River, present and voting at meetings called
for that j3urpose, in the several wards of said city, at least
seven days before the time of holding said meeting. {^Ap-
proved April 24, 1857.]

An Act to establish the Terms of the Court of Probate In the County of Chap. 78.

Middlesex.

Be it enacted, Sfc, as folloivs :

Section 1. A court of probate shall be held in tlie county Terms estab-
of Middlesex at the following times and places in each year :
At Cambridge, on the second Tuesday of each month, except At Cambridge.
July, and on the fourth Tuesday of January, February,
March, April, August, November and December ; at Lowell, Loweii.
on the first Tuesday of February, April, June, September
and December ; at Concord, on the first Tuesday of January, concord.
March, May and Octol)er ; at Groton, on the fourth Tuesday Groton.
of May and September ; at Framingham, on the fourth Tues- Framingham.
day of Juno and October. So much of the fifty-fiifth section of Repeal of statutes
the eighty-third chapter of the Revised Statutes as relates to
the holding of courts of probate in the county of Middlesex,
and also the two hundred and tenth chapter of the acts of
the year eighteen hundred and forty-eight, and the two
hundred and seventy-third chapter of the acts of the year
eighteen hundred and fifty-six, arc hereby repealed.

Section 2. This act shall take effect from and after the wien to take
first day of July next. \_Approved April 24, 1857.]

An Act concerning the Equitable Marine Insurance Company. Chap. 79.

Be it enacted, &c., as follovjs :

Section 1. The Efpiitablc Marine Insurance Company, Notice to secre-
iu the town of Proviucctown, are hereby authorized to file a w^,Sth.
notice of the acceptance by them, of their charter, and of an
act in addition thereto, passed on the eighteenth day of

452

1857.— Chapters 80, 81.

Jurisdiction of
justices of peace,
&c.

Chap. 81.

Corporators.

April, in the year one thousand eight hundred and fifty-five,
with the secretary of the Commonwealth, within thirty days
from the passage of this act ; and the filing of the same shall
have the same effect, as if it had been filed agreeably to the
provisions of the statutes of this Commonwealth, regulating
the business of insurance companies.

Section 2. This act shall take effect from and after its
passage. \_Approved April 24i, 1857.]

Chap. 80. An Act concerning the offence of obtaining Property under False Pre-
tences.

Be it enacted, Sfc, as follows :

Justices of the peace and police courts shall have jurisdic-
tion of the offence of obtaining property by any false pretence,
or by any privy or false token, in all cases in which they
would have had jurisdiction of a larceny of the same property,
and shall have power to impose a like punishment as in case
of a larceny of /the same property. [^Approved April 24,
1857.]

An Act to incorporate the Lincoln Wharf Company.
Be it enacted, Sj^c, as folloivs :

Section 1. Noah Lincoln, Frederic W. Lincoln, junior,
and Levi Thaxter, their associates and successors, are here-
by made a corporation, by the name of the Lincoln Wharf
Company ; with power to purchase and hold, in fee simple,
any part, or the whole of the estate on Commercial Street,
in Boston, and known as Lincoln's Wharf, with all the privi-
leges and appurtenances to the same belonging ; and the
said corporation may construct docks and wharves upon
said premises, lay vessels within and at the sides and ends
thereof, and receive dockage and wharfage therefor, and
improve and manage said property in such manner as to
them shall seem expedient ; and may sell and convey the
same, or any part thereof: provided, that nothing herein
contained shall authorize the said corporation to infringe
upon the legal rights of any person, or to build any wharf,
or othe^r structure on the premises which is not now author-
ized by law.

Section 2. The capital stock of said corporation shall not
exceed three hundred thousand dollars, divided into shares
of not less than one hundred dollars each ; and no shares in
the 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.

Section 3. Said corporation shall have all the powers
and privileges, and be subject to all the duties, restrictions

Name.
Power.

May construct
wharves, &c.

Proviso.

Capital stock

$300,000, in

shares of $100

each.

No shares issued

under par.

Priviieges, re-
strictions, &c.

1857.— Chapters 82, 83, 84. 453

and liabilities, set forth in the forty-fourth chapter of the
Revised Statutes.

Section 4. This act shall take effect from and after its
passage. \^Approved April 24, 1857.]

An Act relating to the Pasturing of Cattle or other Animals in Streets Chcw. 8^

or Ways. -' * ^'

Be it enacted, ^c, as follows :

Tlic mayor and aldermen of any city, and the inhabitants By-iaw? relating
of any town in this Commonwealth, shall have power and t°e''''upon"big'h-
authority to make suitable by-laws or regulations to prevent '''''^'^■
the pasturing of cattle or other animals upon any or all of
the streets or ways in such city or town, either with or
"without a keeper, and may annex any penalty, not exceeding
twenty dollars, for the violation thereof; the same to be
approved and enforced in manner as provided by section
thirteenth of the fifteenth chapter of the Revised Statutes:
provided, that no such by-law or regulation shall affect the Proviso,
rights of any person or persons to the use of land within the
limits of such w^ay adjoining his own premises. [Approved
April 24, 1857.]

An Act concerning the Fairhaven Mutual INIarine Insurance Comjjany, CJiai). 83.
and the Attleborough Mutual Fire Insurance Company.

Be it enacted, Sfc, as folloivs :

Section 1. The Fairhaven Mutual Marine Insurance Notice to secreta-
Company, in the town of Fairhaven, and the Attleborough wealth. ^*'°""°'^"
Mutual Fire Insurance Company, in the town of Attlebor-
ough, are hereby authorized to file a notice of the acceptance
by tliem of their respective charters, with the secretary of
the Commonwealth, Avithin thirty days from the passage of
this act ; and the filing of the same, shall have the same
effect as if it had been filed agreeably to the requirements of
the statutes of this Commonwealth, regulating the business
of insurance companies.

Section 2. This act shall take effect from and after its
passage. [Approved April 24, 1857.]

An Act authorizing Transcripts of Town or City Records. Chan. 84.

Be it enacted, 8fc., as follows :

Section 1. Any town or city in this Commonwealth may certified copies
cause to be carefully transcribed, such of its records as relate havV'same^credH
to grants of lands, or the grants or divisions and allotments *"' "''g"'"!*-
of lands made by the original proprietors of such township,
or to any easements or private rights, or its records relating

454

1857.— Chapter 84.

Certified copies
of records to be
furnislied to
towns or cities,
set off, &c.

Records to be free
of access, &c.

Duty of clerl<s in
relation to record
of marriages.

Compensation.

Proviso.

to ways, or any records of births and marriages, kept by such
town or city, or by any parish within the same ; and such
transcripts, having been first compared and certified, under
oath, by the clerk of such town or city for the time being,
and deposited in the office of said clerk, shall have the force,
eff'ect, and credit of original records.

Section 2. Any town or city, whose territory, in whole
or in part, has been, or may hereafter be, set off" from any
otlier town or city, may cause to be carefully transcribed
such of the records, named in the first section of this act,
as relate to lands, easements, rights or ways situated in the
territory so set off; and such transcripts, being compared
and certified, under oath, by the clerk of the town or city
where such records are kept, and deposited in the clerk's
office of the town or city in which the land is situated to
which they relate, shall have the force, effect, and credit of
original records of such last named town or city.

Section 3. Tlie records of any town or city shall be open
to the free access and examination of any suitable person
appointed to transcribe therefrom, in accordance with section
second of this act ; and the clerk of such town or city, shall,
for a reasonable fee to be paid therefor, compare and certify
such transcripts, when properly and correctly made.

Section 4. The clerk of every city and town in this
Commonwealth, shall make a certified copy of the record of
all marriages, recorded in the books of said city or town,
where either or both of the parties married, were resident in
any other town in the Commonwealth at the time of said
marriage ; and he shall also, as far as the same is practicable,
make a like copy of all such marriages recorded in any par-
ish records, or in any records kept by any clergyman or
magistrate within said town ; and the said clerk shall trans-
mit said certified copies to the clerk of the city or town in
which such party or parties were resident at the time of said
marriage, and the clerk so receiving such certified copies
shall record the same in a book to be kept for that purpose.
And the clerks of the several cities and towns shall receive
a reasonaljle compensation for the services so rendered, to
be paid by their respective cities or towns : provided, hoiv-
ever, that the provisions of this section shall apply only to
marriages solemnized prior to the year eighteen hundred.
[^Approved April 24, 1857.]

1857.— Chapters 85, 86, 87. 455

An Act to protect the Menhaden Fishery in the Towns of Duxbury, QJicip, 85.
Plymouth, and Ivingston.

Be it enacted, Sfc, as follows :

Section 1, Every person who shall, between the first day Penalty for de-
of May and the first day of November, inclusive, in each ^°^''*'°^° "'
year, deposit the offal or waste dressing of the menhaden
fish upon the shores or flats, or throw the same into the
waters of the l)ays, harbors, rivers or creeks of the towns of
Duxbury, Plymouth or Kingston, shall for each and every
such offence, forfeit and pay a sum not exceeding fifty dol-
lars, one-half to the complainant, and the remainder to the
town within whose jurisdiction the offence was committed,
to be sued for and recovered in any court competent to try
the same, on complaint of any one of the selectmen, or any
legal voter of either of the towns of Duxbury, Plymouth or
Kingston.

Section 2. Any boat, craft, vessel or fishing apparatus, Boats, &c.,iiabie
used by persons violating the jirovisions of this act, may be °^'^'^'^®-
seized and detained not exceeding forty-eight hours, by the
selectmen of either of the towns aforesaid, in order that
the same, if need be, may be attached or arrested l)y due
process of law, to satisfy said fine with costs.

Section 3. This act shall take effect from and after its
passage. \^Approved April 24, 1857.]

An Act in addition to " An Act to establish the Fort Hill Corporation." Ch(ip. 86.
Be it enacted, Sfc. as folloivs :

A further time of four years from the twenty-seventh day Further time ai-
of April, eigliteen hundred and fifty-seven, is hereby allowed
for complying with the provisions of the seventh section of an
act to establish the Fort Hill Corporation, passed on the
twenty-eighth day of April, eigliteen hundred and fifty-four,
to which this act is an addition : provided, however, that Proviso.
this additional act shall be void and of no effect unless the
same shall be accepted liy the city council of the city of Boston
within one vear from the passage thereof. \^Ap2yroved April
24, 1857.] "

An Act to incorporate the Lagoon Pond Company, in Dukos County. Chai) 87
Be it enacted, S^'C, as follows :

Section 1. Bayes Norton, Darius Norton, Elisha T. corponitors.
Smith, and their associates and successors, are hereby made
a corporation by the name of the Lagoon Pond Company, Name.
in Duk«s county, and are empowered to build a dam across Purpose.
said pond, about or from that part of the pond called Long

456

1857.— Chapter 88.

Proriso.

Dam built in two
years.

Not to affect
existing lights.

Privileges, re-
strictions, &c.

Penalty for fish-
ing witliout leave.

Point, for the purpose of creating a herring and perch fishery ;
and said company shall have the exclusive right to said
herring and perch fishery : provided, that all persons may
take fish from said pond with hook and line, and may spear
eels, or dig clams therefrom.

Section 2. The said company shall make said dam,
within two years from the passage of this act ; and said dam
shall be of sufficient width and strength, with a good
and sufficient bridge, so that it can be used as a public
highway.

Section 3. The said dam shall not injure by its height
any of the surrounding meadows, or take away or injure
any existing right of any person or corporation whatever.

Section 4. For the above named purposes, said company
shall have all the powers and privileges, and be sulyect to
all the duties, restrictions and liabilities, contained in the
forty-fourth chapter of the Revised Statutes.

Section 5. If any person, without leave from said com-
pany, shall take any fish from said pond, except as provided
in this act, they shall forfeit for each offence, a sum not
exceeding twenty dollars, which may be recovered in any
court competent to try the same. [Approved April 24,
1857.]

Form of bond
when executor is
residuary legatee

Chap. 88. -^N -^CT in relation to the form of Bond to be given by Executors who

are Residuary Legatees.

Be it enacted, Sfc., as folloivs :

Section 1. The judge of probate may permit any ex-
ecutor who is also residuary legatee, to give bond with con-
dition to pay all the debts and legacies of the testator, and
such sums as may be allowed by tlie judge of probate for
necessaries to the widow or minor children of the testator,
instead of the bond prescribed by the second section of the
sixty-third chapter of the Revised Statutes, if it shall satis-
factorily appear to such judge that the bond last named is
not necessary for the protection of any person interested in
the estate of the testator. The bond herein prescribed shall
be in a sum and with sureties to the satisfaction of such
judge, and payable to him or his successor : and when such
bond shall be given, the executor shall not be required to
return any inventory.

Section 2. The giving of such bond, as is provided in
creditors 'on" re"ai tlic preceding scctiou, shall not discharge the lien on the
e^sute, excepting, ^.^^^ ^g^^^^ ^^f ^j^g tcstator, for the payment of his debts, ex-
cepting only on such part thereof as shall have been
sold by the executor to one who purchased in good faith,

Bond not to dis
charge lien of

1857.— Chapters 89, 90. 457

and for a. valuable consideration ; and all the estate not so
sold may be taken on execution by any creditor, who is not
otherwise satisfied, in like manner, as if a bond had been
given in the other form.

Section 3. The third and fourth sections of the sixty- Repeal,
third chapter of the Revised Statutes are hereby repealed.

Section 4. This act shall take effect from and after its
passage. \_Approved April 24, 1857.]

An Act extending the time for the location and construction of the Mys- O/ldJ). 89.
tic River liailroad.

Be it enacted, c^c, as folloivs :

The time allowed to the Mystic River Railroad Company, J^™®^/^'^ ''°°"
to locate and construct its railroad, is hereby extended two tended.
years. [^Approved April 24, 1857.]

Ax Act to set off a part of the Town of Beverly, and annex the same to i^nCip. 90.
the Town of Danvers.

Be it enacted, SfC, as folloivs :

Section 1. So much of the town of Beverly, in the Boundaries of

/.-n T ,„,...."' territory set on

county 01 Jlissex, as lies westerly oi a line beginning at the
bound stone on the line between Beverly and Wenham,
situated about two hundred feet easterly, from the dwelling-
house of William Moulton ; thence running south, nineteen
degrees fifteen minutes east, about seventy-seven hundred
and thirty feet, to a point on the northerly side of Conant
Street, said line passing the barn of Josiah Trask on said
street, twenty-nine feet easterly therefrom ; thence running
south eleven degrees, thirty minutes west, about forty-seven
hundred and fifty feet, to a point on the nortlierly side of
Elliot Street ; thence running south twenty-five degrees,
fifteen minutes west, about twenty-nine hundred and thirty
feet to the river, — with all the inliabitants and estates thereon,
is hereby set off from the town of Beverly, and annexed to
the town of Danvers : provided, hoivever, that for the purpose Proviso,
of electing electors of president and vice-president of the
United States, senators and representatives to the general
court, state and county officers, until the next decennial
census shall be taken, in pursuance of the thirteenth article
of the amendments to the constitution, or a new apportion-
ment of representatives shall be made, the said territory
shall remain and continue to be a part of the town of Beverly,
and the inhabitants resident thereon shall be entitled to vote inhabitants euti-
in the choice of such officers, and shall be eligible to the eiigiwe to" office,
office of representative in the town of Beverly, in the same *'"■
manner as if this act had not been passed.

458 1857.— Chapter 91.

Concerning taxes. SECTION 2. TliG saicl inhabitants and estates so set off
shall be liable to pay all taxes that have been legally assessed
on them by the town of Beverly, 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
Danvers shall annually pay over to the said town of Beverly,
the proportion of any state or county tax, which the said
town of Beverly may have to pay upon the inhabitants and
estates hereby set off.

Support of pau- SECTION 3. The towu of Dauvcrs sliall be liable for the
support of all persons who now do, or shall 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 the territory hereby set off from the town of Bev-
erly and annexed to the town of Danvers.

Selectmen to fur- SECTION 4. Tlic selectmcu of tho towu of Dauvcrs, shall

of%oters"*^*' '^ annually, until the next decennial census, furnish to the
selectmen of the town of Beverly, a list, corrected as required
by law, of all persons resident on the territory hereby set
off, who shall be entitled to vote in the town of Beverly as
aforesaid.

Sum paid to Section 5. The inhabitants on the territory hereby set

school district. n^ -, -i -r\ iTii nii f

on and annexed to Danvers, shall be assessed by the town of
Danvers, a sum sufficient to pay those inhabitants in Rial
Side School District, not included within the territory hereby
annexed, the full sum of all their taxes paid for the purpose
of building the school-house in said district ; and the select-
men of Danvers, when said assessment is collected and paid
into the treasury, are hereby authorized to pay said inhabi-
tants the amounts due them as aforesaid.
Not liable to pay SECTION. 6. Thc towu of Bcvcrlv sliall no longer be liable

annuity. •' in o ^

to pay an annuity of twenty dollars, for the benefit of the
bridge, or mill proprietors on Porter's River.

Section 7. This act shall take effect from and after its
passage. \_Approved April 27, 1857.]

Chcip. 91. -^^ -^*^'^ to authorize James A. Knowlton to drive Piles on Blaney's

Beach, in Swampscott.

Be it enacted, ^'c., as folloivs :

May drive piles Section 1. Jamcs A. Kuowltoii is hereby authorized to

Ture. *" ^ ^'^ drive and maintain piles upon his land on Blaney's Beach,

in Swampscott, and to connect therewith and build thereon,

such structure as may be necessary or convenient to aid in

' repairing and building vessels ; and the same shall cover or

inclose a space not more than thirty feet wide, and may

extend into the sea, one hundred and fifty feet from high-

1857. -Chapters 92, 93, 94 459

water mark ; and he shall have the right to lay vessels
therein, and receive remuneration therefor : provided^ this Proviso.
act shall in no wise affect or impair the legal rights of any
j3erson or persons whatever ; and provided, also, that the top Provided, ai3o.
of said piles shall not be less than three feet above high-
water.

Section 2. This act shall take effect from and after its
passage. {^Approved April 27, 1857.]

Ax Act to change the name and location of the Etna Furnace Company. (JJim). 92.
Be it enacted, Sfc., as foUoics :

Section 1. Chapter seventy-nine, of the acts of eighteen change of loca-

1 1-1 11- -iT/i 1 • tion, title, &c.

hundred and thirty-seven, entitled, " An Act to incorporate
the Etna Furnace Company," and locating said corporation
in the town of Cambridge, in the county of Middlesex, is
hereby so amended, as to authorize the said corporation to
change its location to East Woburii, in the county of Mid-
dlesex, to take the name of the East Woburn Manufacturing
Company, and to be allowed to manufacture articles com-
posed of wrought iron and steel, as well as of cast iron.

Section 2, This act shall take effect from and after its
passage. \^Aj7proved April 27, 1857.]

An Act concerning the Boston, Barre and Gardner Raih-oail Company. (J/i/^n^ 93.

Be it enacted, Sfc, as follows :

Section 1. The time allowed to the Boston, Barre and Time for con-
Grardner Railroad Corporation, for constructing their railroad, tended.
is hereby extended to the first day of July, in the year one
thousand eight hundred and fifty-nine.

Section 2. The time, within which application may be Time for esti-
made to the county commissioners to estimate damages for extended tiirt-e
land or property taken by said railroad corporation, as pro- ^*'^''^'
vided in the Revised Statutes, is herel)y extended for three
years, from and after the passage of this act, notwithstanding
said corporation may have heretofore filed the location of
their railroad. [^Approved April 27, 1857.]

An Act to incorporate the United States Telegraph Company. Chap, 94.

Be it enacted, t^*c., as follovs :

Section 1. Moses G. Farmer, Edwin Rogers, their asso- corporators.
elates and successors, are hereby made a corporation, under
the name of the United States Telegraph Company, for the Name.
jmrpose of purchasing, owning and vending Farmer's ])atent P"""!'"^*"-
for a printing telegraph, and also for manufacturing and
selling the instruments under said patent ; with power also I'ower, &c.
9

460

1851. — Chapter 95.

to build, establish and maintain telegraph lines beside the
tracks of such railroad companies as may consent thereto,
for the use of such railroad companies ; and to sell or lease
such telegraph lines to said companies, for the exclusive use
thereof, upon such terms as may be mutually agreed upon.
Capital stock SECTION 2. The capital stock of the said corporation
crease to ^200,- sliall bc seveuty-five thousand dollars ; but the same may be
increased to any sum not exceeding two hundred thousand
dollars, by vote of a majority of the stockholders thereof.

Section 3, The said corporation shall have all the powers
and privileges, and be subject to all the duties, restrictions
and liabilities, contained in the thirty-eighth and forty-fourth
chapters of the Revised Statutes, and the acts in addition
thereto.

Section 4. This act shall take effect from and after its
passage. \_Approved April 27, 1857.]

000.

Privileges, re-
strictions, &c.

Chap.

95. Ax Act in further addition to an Act to establish the City of Worcester.
Be it enacted, 8fC., as folio ivs :
School-commit- Section 1. The qualified voters of each ward of the city
tuted and choseu of Worccstcr, at tlicir respective annual meetings, to be held
next after the acceptance of this act by the city council of
the city of Worcester, shall elect, by ballot, three persons in
each ward, who shall be residents of the ward, to be mem-
bers 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 bc chosen in each w^ard to be a member of the school-
committee for the term of three years ; and the persons so
chosen, shall, with the mayor, constitute the school-com-
mittee, and have the care and superintendence of the public
schools.

Section 2. The second section of the one hundred and
ninety-first chapter of the acts of the year one thousand
eight hundred and fifty, entitled, " An Act in addition to
an Act to establish the City of Worcester," is hereby repealed.
Section 3. This act shall be void unless the city council
of said city shall vote to accept the same, within sixty days
from the passing thereof. ^Approved April 27, 1857.]

Repeal .

Act void unless
&c.

1857.— Chapters 96, 97, 98. 461

An Act in addition to "An Act to authorize the County Commissioners QJiap. 96.
of Middlesex County to lay out a Highway and construct a Bridge over
Mystic River, in the Town of IMedford."

Be it enacted, Sfc, as follows :

Said commissioners may cause said bridge to be constructed Briageana draw

, j__fxi lii 1 1 constructed to ac-

so tliat any part oi the same may be taken up and removed, commodate ves-
or they may cause a good and sufficient draw and passage ^*^'^'
way to be constructed in said bridge ; and said draw shall
be raised, or the parts of said bridge removed and restored,
and every necessary accommodation afforded to vessels hav-
ing occasion to pass through the same, by said town of Med-
ford. [Approved April 28, 1857.]

An Act for the better Preservation of Municipal Records. Chan. 97.

Be it enacted, Sfc, as follows :

Section 1. It shall be the duty of the city government wties ana towns
of the several cities, and of the selectmen of the several proJf^afes^ &J^
towns in this Commonwealth, to provide, at the expense of
such cities or towns, a fire-proof safe of ample size, for the
safe preservation of books of record, or registry and other
important documents or papers belonging to such cities or
towns, respectively : and it shall be the duty of the city clerk
of each city, and of the town clerk of each town, to keep all
such books of record or registry, and such important papers
and documents, in the safe so provided, at all times, except
when they shall be wanted for use.

Section 2. For every month that any city or town shall penalty for ncg-
neglcct to fulfill the requirements of this act, it shall forfeit
and pay the sum of ten dollars ; and any city clerk or town
clerk, failing to comply with the provisions of this act, shall
1)0 subject to a fine of ten dollars : one-half of all fines paid
for violation of this act, shall inure to the complainant, and
one-half to the Commonwealth.

Section 3. This act shall go into effect on the first day when to go into
of October next. [Approved April 30, 1857.]

An Act to authorize Daniel B. Tarr, and othei-s, to build a Wharf. Chcft) 98
Be it enacted, Sfc, as follows :

Section 1. Daniel B. Tarr, William Tarr and William J. wharf in giou-
Tarr, are hereby authorized to build, extend and maintain a *'''^'''''
wharf fifty feet in breadth, extending from their land on the
north-westerly side of Five Pound Island, so called, in the
harbor of Gloucester, a distance not exceeding seventy-five
feet, in a north-westerly direction from high-water mark,
and shall have the right to lay vessels at the end and sides lughts, &c.

462 1857.— Chapters 99, 100, 101.

Proviso. thereof, and to receive wliarfage and dockage therefor : j)ro-

vided, that this grant shall in no wise impair the legal rights
of any person or corporation.

Section 2, This act shall take eflcct from and after its
passage. \_Approved April 30, 1857.]

Chop. 99. -^^ -^^^ "^ addition to an Act to incorporate the Proprietors of the
^ Sunderland Bridge.

Be it enacled, t^-c, as follows :
Bridge between SECTION 1. Tlic proprictors of Suiiderland Bridge are
DeMfleui."'^ ^^^ hereby authorized and empowered to reconstruct their bridge,
or any part thereof, between the towns of Sunderland and
Deerfield, over the Connecticut River, not less than twenty-
two feet wide, — any thing in former statutes to the contrary
notwithstanding.
Tolls. Section 2. Said proprietors shall keep their bridge at all

times, in safe, convenient and passable repair, and they are
hereby authorized to receive the tolls, now established by
law, for the term of fifty years from the day of the reopening
of the bridge for public travel.

Section 8. This act shall take effect from and after its
passage. {^Approved April 30, 1857.]

Chup. 100 An Act relating to Warren Bridge.

Be it enacted, Sfc, as folloivs :
Agent may lease Section 1. The agciit of Charlcs Rivcr and Warren
wharf. Bridges, is hereby authorized to lease, for a period not

exceeding ten years, the northerly portion of the wharf

adjoining the draw of Warren Bridge, on the easterly side
ProTiso. thereof: provided, that such lease shall be first approved by

the governor and council.

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

passage. \_App7-oved April 30, 1857.]

Chcip. 101 -^N Ac;t to continue in force an Act to incorporate the Lowell Mutual

Fire Insurance Company.

Be it enacted, Sfc, as folloivs :
Act continued. Tlic act to iiicorporatc the Lowell Mutual Fire Insurance

Company, passed on the sixth day of March, in the year one
Duration. thousaud eight hundred and thirty-two, shall continue and

remain in force for the term of twenty-eight years from and

after the sixth day of March, in the year one thousand eight
Privileges re- huiidrcd and sixty : and the said company, incorporated by

strictions, &c. . t .in,- ,, , ., ^ "^^ ." ,, •'

said act, shall continue through that term; with all the
powers and privileges, and subject to all the duties, restric-

1857.— Chapters 102, 103, 104. 463

tions and liabilities, set forth in the forty-fonrth chapter ox
the Revised Statutes, and all the existing statutes, and such
as may hereafter be in force, relating to mutual fire insur-
ance companies. [^Aj)provtd April 30, 1857.]

An Act extending the time for the construction of tliQ Agricultural Chcij). 102
Brancli Railroad.

Be it enacted, t^r., as foUoivs :

The time allowed to the Agricultural Branch Railroad ^^J^^ '^^^:
Company, to construct its railroad, is hereby extended two tended.
years. [^Approved April 30, 1857.]

An Act to authorize the County Commissioners of Norfolk Count}', and Chap. 103
otlier persons, to lay out Ways across Muddy River.

Be it enacted, SjX., as follows :

Section 1. The county commissioners of Norfolk county ^°X|f'j°''^^aJ°
are hereby authorized and empowered to lay out and con- across jiuady
struct ways, by means of bridges or culverts, across and
over that part'of Muddy River which lies above the culvert
under the Punch Bowl Road, so called, belonging to the
Boston and Roxbury Mill Corporation, near Appleton Place,
so called, in Roxbury.

Section 2. Persons owning lands situated upon the part owners of lands

/.-.riT-r^. n • t , , 1 1 "I'ly construct,

of Muddy River aforesaid, may construct roads across ana &c.
over said river, by bridges or culverts, in the same manner
and to the same extent as if the same had never been navi-
gable water.

Section 3. All ways or roads constructed across and NottoAow, &c.
over such river as aforesaid, shall be so made as not to flow
the lands above the culvert first above mentioned.

Section 4. This act shall take effect from and after its
passage. [^Approved April 30, 1857.]

An Act concerning the IMilford and Woonsocket Railroad Company. Chap. 104
Be it enacted, Sfc, as folloivs :

Section 1. The time for locating and constructing the ^j^'J^J^^t^^^ctlon
Milford and Woonsocket Railroad, is hereby extended two extcndod.
years.

Section 2. The Milford and Woonsocket Railroad Cor- g;^'^."'"'"'''"'^
po ration is hereby authorized to increase its capital stock,
by the sum of twenty-five thousand dollars, to be divided
into shares of one hundred dollars each ; and no shares shall ^°/,^^p;^r. '''"'''^
])e issued for a less sum or amount, to be actually paid in
on each, than the par value of the shares first issued.

Section 3. This act shall take effect from and after its
passage. \_Approved May 2, 1857.]

464 1857.— Chapters 105, 106.

Chap. 105 -^^ -^<^T in addition to an Act entitled, " An Act in relation to Mortgages."

Be it enacted, Sfc., as folloivs :

fuuffor^redem'"^ SECTION 1. Ill all suits 111 Gquitj to redeem estates mort-
tion of mortgaged gaged, tliG coiii't ill wliicli sucli sult sliall be pending, or any
justice thereof, may, at any time after the bill is filed, in
term time or in vacation, ascertain, by reference to a master
or otherwise, and determine whether any and what sum not
in dispute, is due on such mortgage, and may, by an inter-
locutory order, direct the same to be paid to the mortgagee,
or the clerk of the court, for his use.
Same subject. SECTION 2. In all siiits iu equity to redeem estates

mortgaged, wherein the party claiming the right to redeem
alleges that he has tendered or offered to pay the sum due
on the mortgage, the party claiming such right shall, when
he files his bill, pay to the clerk of the court, for the rise of
the party entitled to the same, such sum as he alleges in his
bill that he has tendered or offered to pay as the sum due on
such mortgage. \_Approved May 4, 1857.]

Chai). 106 An Act in addition to an Act to incorporate the Proprietors of India

Wharf.

Be it enacted, l)-'c., as folloivs :
sha^^s to become SECTION 1. The sharcs of the individual proprietors in
ty. "'^ P^'oper- ^1^^ corporate property of the " Proprietors of India Wharf,"
shall hereafter be personal property, and shall be held.
Proviso. ' transferred and disposed of as such : provided, the said pro-

prietors of India Wharf shall, at a meeting duly held,
accept this act : and provided, cdso, that all the shareholders
shall, by deeds duly executed, with release of dower, Avheii
necessary, convey to the said corporation the shares by them
respectively held.
?^To'be''dSi Section. 2. Upon such conveyances being made, the said
iuto shares. corporatioii shall, by vote, divide their corporate property
into such a number of sharcs as they may think expedient,
and shall issue to each proprietor a certificate of so many
shares as shall be equal to his interest in the corporate pro-
perty conveyed by him to the said corporation, as aforesaid.
catT "^ ''""''" '^'^^^ ^^^^ corporation may, by their by-laws, prescribe the
form of such certificate and the mode of transfer of the new
shares for which such certificate is issued.
Iuthorked*"to Section 3. In case any of the shares in the said corporate
convey shares, property shall, at the time when such conveyances sliall be
made, be held by trustees, executors or guardians, such
trustees, executors and guardians are hereby authorized to
convey the same to the said corDoration, and in lieu thereof

1857.— Chapter 106. 465

to receive certificates of so many of the new shares as shall
be equal to their respective interests : provided, /wivever, Proviso.
that the new shares, so received, shall be taken and held by
them respectively, upon the same trusts, and for the same
uses and purposes, and subject to the same limitations, as
the shares by them so conveyed to the said corporation shall
be holden at the time of such conveyance ; and provided, I'ovidea, aiso.
also, that such trustees, executors and guardians, shall give
sufficient bond to the judge of probate for the county in
which they shall respectively have been appointed ; or in
case their appointment shall have been by deed, to the judge
of probate for the county in which they shall respectively
reside, to hold and account for the said shares and the pro-
ceeds thereof, according to the terms of their respective
trusts. But such bond may be in any case dispensed with,
provided, the same shall not be required l)y the terms of the
deed or will creating such trust ; ^wd provided, also, that all
the parties beneficially interested in the trust fund, shall so
request in writing, and shall cause such request, with the
approval of the judge of probate thereon, to be filed in the
probate office for the county in which such bond would
otherwise be given.

Section 4. In case any of the shares in the said corporate shares held by

, iini iii,' p 1 married women,

property, so conveyed, sliall be, at tlie tmie oi such convey- &c.
ancc, held by any married woman in her own right, the new
shares, issued to such married woman shall also be held by
her in her own right, in the same manner as married women
are authorized to hold property for their own use, according
to the provisions of the statute of eighteen hundred and
forty-five, chapter two hundred and eight, and the same
shall appear in the certificate issued for such shares.

Section 5. The taxes on the real estate owned by the Assessment of
said corporation shall be assessed to the said corporation,
and, in assessing the individual proprietors for their shares,
there shall first be deducted from the value thereof, the
value of such real estate.

Section 6. So much of the act passed the third day of Pai'^ai repeal.
March, in the year eighteen hundred and eight, as provides
that the shares of the individual proprietors, in the corporate
property of the said proprietors, shall be real estate, and be
subject to the incidents of real estate, and so much of the
said act as is inconsistent with the provisions of this act, is
hereby repealed. \^Approved May 4, 1857.]

466 1857.— Chapter 107.

Chdi). 107 -^^ ■^'^^ regulating the payment of Fines and Forfeitures in Criminal
^ Cases.

Be it enacted, t^c., as follouis :
Fines, costs, &c., SECTION 1. All fiiiGs, forfeitures and costs imposed or
sheriffs. ^'^"' ^° awarded in criminal prosecutions by the supreme judicial
court, the court of common pleas, the superior court for the
county of Suffolk, and the municipal court for the city of
Boston, to the use of the Commonwealth or county, or the
city of Boston, and all sums found to be due on forfeited recog-
nizances, shall be certified by the clerks of said courts, under
Sheriffs to pay to tlic dircctiou of tlic court, to the sheriff of the county, wlio
coun y reasur- ^j^j^^ -g autliorizcd to reccive them, and he shall, within one
month after the receipt of such fines, forfeitures or costs,
pay the same, without deduction, to the county treasurer,
except that the sheriff for the county of Suffolk shall pay the
Liahiiity for neg- g^me to thc city trcasurcr of Boston ; and if such slieriff shall

lect to pay. .' p • i

neglect to make such payment for the space of thirty days, the
county treasurer 4n other counties, and the city treasurer of
Boston, in Suffolk county, shall sue for and recover of him in
an action of contract, the amount of such fines, forfeitures,
forfeited recognizances and costs, with interest from the time
of receiving the same, at the rate of twelve per cent., and costs
of suit ; and if such sheriff, having any person in his custody,
by virtue of the sentence of the court, shall voluntarily, or
negligently suffer any such person to escape, he shall be
deemed to have received such fines, forfeitures, forfeited
recognizances and costs, at the time of the escape, and shall
be held liable to pay over the same, with interest and costs
of suit, in like manner as in other cases provided for in this
section.
Payment^ to dep- SECTION 2. Payment of auv sums meiitioncd in this act,

utv or i^il6r Vtil- *j »/ ?

id. ' made to the jailer, or any deputy-sheriff, shall be deemed a

legal and valid payment to the sheriff.

Sheriffs make SECTION 3. Evcry slicriff shall, twice in each year, on the

tmlT^^ '"'' first days of January and July, render to the treasurer to
whom the said sums are made payable, an account, upon
oath, of all the sums which he shall have received during the
six months preceding, for fines, forfeitures, forfeited recog-
nizances and costs, and the names of the persons from wliom

Penalty for ueg- reccived, aiid against whom awarded ; and if any sheriff shall
neglect, for a period of thirty days, to render sucli account,
he shall be liable to a penalty of two hundred dollars, to be
sued for and recovered of him in the same manner and to
the same use as provided for in the second section.

Partial repeal. SECTION 4. So much of tlic iiiiitli scctiou of tlic ouc hun-

dred and forty-first chapter of the Revised Statutes, as is

1857.— Chapters 108, 109, 110. 4G7

inconsistent with the provisions of tins act, is hereby re-
pealed. [Approved Mai/ -4, 1857.]

An Act in addition to an Act to incorporate the QuincyFire and Marine Q/if/i)^ 108
Insurance Company.

Be it enacted, t^c., asfolloivs :

Whenever the Quiney Fire and Marine Insnrance Compa- May change loca-
ny shall have increased their capital stock to one hundred
thousand dollars, according to the provisions of their charter,
the said company may change their location from the town
of Quiney, in the county of Norfolk, to the city of Boston, in
the county of Suffolk. {^Approved May 4, 1857.]

An Act to authorize Francis Butters and others to build a Wharf. C/lCti). 109
Be it enacted, SfC, as follows :

Francis Butters, Francis Butters, junior, Henry A. But- j'^^^'j^rf i° "-i^er-
ters and James D. White, are hereby authorized to build and
maintrin a wharf, from land owned by them on the northerly
side of the Merrimac River, in the town of Haverhill, to a
line in said river, described as follows, to wit : Beginning at
a point ten feet southerly of the south-westerly corner of
said White's wharf, in range with the westerly line of said
White's land ; thence running easterly one hundred and
eighty-five feet, to a point ninety-five feet southerly from a
permanent bank wall, on said Francis Butters, Francis But-
ters, junior, and Henry A. Butters' land, and in range with
the easterly line of said land ; and they are authorized to Rights, &c.
lay vessels at said wharf, and receive wharfage and dockage
therefor : provided, this act shall in no wise alfect the legal riwiso.
rights of any corporations or persons whatever. \_Ap)proved
May 4, 1857.]

Ax Act to change the name of the Third Orthodox Congregational So- Chflp. 110
ciety, in Danvers.

Be it enacted, ^u-., as folio trs :

Section 1. The Third Orthodox Congregational Society, Name changed.
in Danvers, shall be known and called by the name of the
Maple Street Church and Society, in Danvers, and as such,
shall hold and possess all the property, and be entitled to all
the rights and privileges, and subject to all the liabilities of
the said Third Orthodox Congregational Society, in Danvers,

Section 2. This act shall take . effect from and after its
passage. [^Approved May 4, 1857.]

468

1857.— Chapters 111, 112.

Chap. Ill ^'^ -^^"^ to establish the Salary of the Assistant-Clerk of the Superior

Court of the County of Suftblk.

Be it enacted, SfC, as follows :

Section 1. The assistant-clerk of the superior court of
the county of Suffolk, shall receive for his services, the sum
of eighteen hundred dollars, payable quarterly, out of the
treasury of the city of Boston.

Section 2. So much of the fourteenth section of the four
hundred and forty-ninth chapter of the laws of the year
eighteen hundred and fifty-five, as is inconsistent herewith,
is hereby repealed.

Section 3. This act shall take effect from and after its
passage. \^Approved May 4, 1857.]

Salary estab-
lished.

Repeal.

Chap. 112

Court established

Jurisdiction in
Vramingham.

.Jurisdiction in
Middlesex.

Jurisdiction not
limited by rea-
son, &c.

Appeals.

An Act to establish a Police Court in the Town of Framingham.
Be it enacted, Sfc, as folloivs :

Section 1. A police court is hereby established in the
town of Framingham, to consist of one competent and dis-
creet person, to be appointed and commissioned by the gov-
ernor, pursuant to the constitution, as standing justice.

Section 2. The said court shall have original and exclu-
sive jurisdiction over all crimes, offences and misdemeanors
committed within said town of Framingham, whereof justices
of the peace now have or may have jurisdiction ; also of all
suits and actions which may now, or at any time hereafter
be heard, tried and determined before any justice of the
peace in the county of Middlesex, whenever all the parties
shall reside in Framingham and service of the writ is liad on
the defendant in said county. The said court shall have*
original and concurrent jurisdiction, with justices of the
peace, in said county of Middlesex, over all crimes, offences,
and misdemeanors, whereof justices of the peace, within
the county of Middlesex, now have or may have jurisdiction ;
also of all suits and actions within the jurisdiction of any
justice of the peace within the county of Middlesex. Any
justice of the peace within said town of Framingham, may
receive complaint and issue a warrant for any crime, offence
or misdemeanor committed within said town ; but all such
warrants shall be made returnable before said police court.

Section 3. The jurisdiction of said police court shall not
be limited by reason of any interest on the part of the justices
of said court, in the payment of fines, forfeitures or costs, into
the treasury of said town of Framingham.

Section 4. An appeal shall be allowed from all judgments
of said police court, in like manner, and to the same extent

1857.— Chapter 112. 469

that appeals are now allowed by law from judgments of jus-
tices of the peace ; and the justice of said police court shall
not be covmsel for any party in any cause which may be
pending in said court.

Section 5. All fines and forfeitures, and all costs in crim- Fines, forfeitures,
inal prosecutions which shall be received by, or paid into, the ed^for""^'^'"^"""
hands of the justice of said court, shall be by him accounted
for and paid over to the same persons, in the same manner,
and under the same penalties as are by law prescribed in the
case of justices of the peace. All costs in such prosecutions
not thus received, shall be made up, taxed, certified and
allowed, and shall be paid in like manner as is provided
by law in cases of justices of the peace.

Section 6. The justice of said court shall retain to his compensation of
own use all fees by him received, or which now accrue to
justices of the peace in civil actions, and criminal prosecu-
tions, in full compensation for all services assigned to him by
the provisions of this act : provided, that he shall not retain
for his services in criminal , prosecutions a sum exceeding
five hundred dollars, annually, but shall pay over to the
county treasurer all fees received by him in criminal ])rose-
cutions over and above that sum.

Section 7. A court shall be held by said justice at some court, how often
suitable place in said town of Framingham, to be provided
at the expense of said justice, on one day of each week at
nine o'clock in the forenoon, and as much oftener as may be
necessary, to take cognizance of crimes, oflences and misde-
meanors, and on two several days in each month, to be
tippointcd and made known by said justice, at nine o'clock
in the forenoon, and at such other times as may be necessary,
for the entry and trial of civil actions. Tlie justice of said
court may adjourn said court, as justices of the peace may
now adjourn the same hearings or trials, and he shall from
time to time, establish all necessary rules for the orderly and
uniform conducting of the business thereof.

Sections. The justice of said court shall keep a fair shaii keep a fair
record of all proceedings in said court, and shall make return retmn.''" "''''^
to the several courts, of all legal processes and of his doings
therein, in the same manner as justices of the peace are now
by law required to do.

Section 9. There shall be appointed l)y the governor, by 9"f ''p'^'"'-''^ J"^-
and with the advice and consent of the council, one special
justice of said court, who shall have power in case of the
absence, sickness, interest, or any other disability of the
standing justice, to issue the processes of said court, to hear
and determine any matter or cause pending, and to exercise

470

1857.— Chapter 113.

Compensation.

Ponding suits.

Appointment of

justices.

Act to be accept-
ed by the town.

all the powers of the standing justice until such disability
shall be removed. The said special justice shall be paid for
the services by him performed, out of the fees received in
said court, such sum as the standing justice would be entitled
to for the same service : provided, however, that the amounts
received by both the standing and special justices, for services
in criminal prosecutions, shall not exceed the sum of five
hundred dollars.

Section 10. All suits, actions, and prosecutions which
shall be pending within the town of Framingham, before any
justice of the peace, when this act shall take efl'ect and the
standing justice of said police court shall have been duly
appointed and qualified, shall be heard and determined as
though this act had not passed.

Section 11. The governor shall have power, by and with
the advice and consent of the council, to appoint said stand-
ing and special justices at any time after receiving notice of
the acceptance of , this act, by the town of Framingham, as
hereinafter mentioned.

Section 12. This act shall be void, unless the inhabitants
of the town of Framingham, at a legal meeting called for
that purpose, shall accept the same within sixty days from
the passage hereof: and it shall be the duty of the selectmen
and town clerk of said town of Framingham, to certify that
fact to his excellency the governor, if the town should so
vote to accept this act. [Approved May 4, 1857.]

Chap. 113 Ax Act to establish Terms of the Probate Court for the County of Barn-
stable.

Additional term
established.

Place for holding
court changed.

Time for holding
courts changed.

Be it enaeted, Sfc., as folloivs :

Section 1. In addition to the terms of the court of pro-
bate now required by law to be held for the county of Barn-
stable, there shall be hereafter a court of probate held
annually at the probate office in Barnstable, on the second
Tuesday of Fel)ruary.

Section 2. The court of probate, now required by law to
bo held at Yarmouth, in said county, on the second Tuesday
of August, shall be hereafter held at the probate office in
Barnstable on said day.

Section 3. The probate court now required by law to be
held at Dennis, in said county, on the last Monday of October
in each year, shall be hereafter held at said Dennis, on the
Thursday next after the second Tuesday of October in each
year : and the courts of probate, now required by law to be
held at Harwich, on the Tuesday after said last Monday ; at
Orleans, on the Wednesday after said last Monday ; at Well-

1857.— Chapters 114, 115. 471

fleet, on the Thursday after said last Monday ; and at Pro-
vincetown, on the Friday after said last Monday, shall bo here-
after held as follows : at Harwich, on the last Monday of Octo-
ber ; at Orleans, on the Tuesday after said last Monday ; at
Wellfleet, on the Wednesday after said last Monday ; and at
Provincetown, on the Thursday after said last ]\Ionday, in
each year.

Section 4. This act shall take effect from and after its ^fjsf&c.^'"'"
passage : and all suits, processes and proceedings which may
have been commenced in the probate courts for said county,
shall have day, and be heard and determined, in said probate
court, at the times and terms above established, as fully and
effectually as the same might have been done in said court,
if this act had not been passed.

Section 5. So much of the fifty -fifth section of the eighty- J°^°°'jf*°' ''^*'
third chapter of the Revised Statutes, and of all other acts
and parts of acts, as is inconsistent with the provisions of
this act, is hereby repealed. [^Approved May 4, 1857.]

An Act relating to Pitcher's Bridge, in Huntington, in the County of C/lUj). 114

Hamj)shire.

Be it enacted, c'^r., as foUoics :

Section 1. One-half of Pitcher's Bridge, so called, which J°;;"7j,J^ai^"Pf
crosses the Westfield River, in Huntington, in the county of bmige.
Hampshire, shall, hereafter, be supi)orted, amended and
sustained at the expense and charge of the county aforesaid.

Section 2. It shall be the duty of the county commis- D"*y of
sioners, of the county aforesaid, to carry the provisions ot
this act into eftect.

Section 3. This act shall take effect from and after its
passage. [Approved May 4, 1857.]

An Act to authorize Cities and Towns to set out Shade Trees. Chcil). 115

Be it enacted, SfC, as folloivs :

Section 1. The mayor and aldermen of any city, or the cities and towDs

•J 1 ■ 1 1 • 1111 1 may set out shade

selectmen of any town, l)y which tins act shall be accepted, trees.
are hereby authorized to set out and maintain shade trees,
upon the public squares and highways, at the expense of
such city or town.

Section 2. Any city or town may appropriate annually, ^/^'JJt™,"!;'' "^p'""
for the purposes aforesaid, a sum not exceeding twenty-five
cents for each of its ratable polls in the year next preceding
that in which such appropriation shall be made.

Section 3. This act shall not take effect in any city or when to take ef-
town, until it shall have been accepted by the city council of
such city, or by the inhabitants of such town, at a legal
meeting. . [Approved May 4, 1857.]

comnus-
sioners.

472

1857.— Chapters 116, 117, 118.

Jurisdiction
ceded.

Proviso.

Chap. 116 A^ -'^CT ceding Jurisdiction over certain Lands on Billingsgate Island

to the United States.

Be it enacted, Sfc., as follows :

Section 1. Jurisdiction is hereby coded and granted to
the United States of America, over such lot of land, not
exceeding six acres, as may be selected for the construction
of a light-house and keeper's dwelling, to replace that de-
stroyed on Billingsgate Island, in this Commonwealth,
during the winter of 18-56-1857 : provided, that this Common-
wealth shall retain, and docs retain, concurrent jurisdiction
with the United States, in and over the said lot of land, so
far that all civil and criminal processes issued under the
authority of this Commonwealth, or any officer thereof, may
1)0 executed on any part of said lot of land, or in any build-
ing which may be erected thereon, in the same way and
manner as if jurisdiction had not been granted as aforesaid.

Section 2. This act shall be void, unless a suitable plan
of said lot of land mentioned in the first section, shall be
made and filed by the United States, in the office of the
secretary of tliis Commonwealth, within one year from the
purchase of the said land by the United States.

Section 3. This act shall take efiect from and after the
purchase of the said land by the United States. [Approved
May 4, 1857.]

Chap. 117 ^'^ ^CT to authorize Charles Friend and Nathaniel Friend to extend their

Wharf, in Gloucester.

Be it enacted, Sfc., as follows :

Section 1. Charles Friend and Nathaniel Friend are
liereby authorized to extend their wharf, in the harbor of
Gloucester, a distance not exceeding sixty feet, in a south-
easterly direction towards the channel : provided, that this
grant shall in no wise impair the legal rights of any person
or corporation.

Section 2. This act shall take effect from and after its
passage. [Approved May 4, 1857.]

Act void, unless,
&c.

When to take ef-
fect.

May extend
wharf.

Chap. US

Ax Act to amend the Charter of Westfield Academy.

Be it enacted, ^c, as folloivs :
Partial repeal- Section 1. So uiuch of thc act entitled, " An Act for
dtnce^of trustees" establishing an academy in the town of Westfield, in the
county of Ilampshire, by the name of Westfield Academy,"
passed June seventeenth, seventeen hundred and ninety-
three, as requires that a major part of the trustees of said
academy shall consist of men who are not inhabitants of
said town of Westfield, is hereby repealed-

1857.— Chapters 119, 120, 121. 473

Section 2. This act shall take effect on and after its
passage. [Approved May 4, 1857.]

An Act In addition to " An Act to cede to the United States Jurisdiction Chap. 119
over certain Lands and Shoals in the City and Harbor of New Bedford,
and for other purposes."

Be it enacted, SfC, as follows :

The consent of this Commonwealth is hereby granted to consent to poa-
the United States' taking possession of such and so much •''^^^""^ s'*° ® ■
land on Clark's Point, in tlie city of New Bedford, as the
United States shall deem needful for the purposes of military
defense, upon just and full compensation being provided for
the owners thereof, or of any easement in or over the same,
in the manner prescribed by law, for damages sustained by
individuals whose lands are taken for public highways in this
Commonwealth ; but the consent so given, shall not impede Not to impede

.1 J.' !• • •! • • 1 • IT execution of pro-

the execution oi any process, civil or criminal, issued under cesses.
the authority of this Commonwealth, except so far as such
process may affect the real or personal property of the United
States, within the said territory. [^Approved May 4, 1857.]

An Act to authorize Henry F. Pitman to extend his Wharf. Chap. 120

Be it enacted, S^-c, as folloics :

Henry F. Pitman, proprietor of a wharf nearly opposite May extend
the foot of State Street, in Marldehead, is liereby authorized
to extend and maintain the same sixty foot in a south-easterly
direction ; and he shall have the right to lay vessels at the
end and sides of said wharf, and receive wharfage and dock-
age therefor : jrrovided, hoivever, that this grant shall not Proviso.
impair the legal rights of any person. \_Approved May 4,
1857.]

An Act to incorporate the Fall River Young Men's Christian Association. Chcip. 121
Be it enacted, iSfC, as folloios :

Section 1. Robert K. Remington, Walter Paine, 3d, corporators.
William H, Mason, their associates and successors, are here-
by made a corporation by the name of the Fall River Young Name.
Men's Christian Association ; with all the powers and privi- Privileges, re-
leges, and subject to all the duties, liabilities and restrictions, ^'"' ''""^' ^''•
set forth in tlie forty-fourth chapter of the Revised Statutes :
and said corporation may hold real and personal estate to Reai ana person-
the value of ten thousand dollars, to be devoted to the pro- ^' ''•^'''''^ «io>«^-
motion of moral and religious instruction.

Section 2. All donations, devises and bequests of real or Donations, &c.
personal estate which may heretofore have been, or hereafter

474 1857.— CHArTERs 122, 123.

may be made to the Fall River Young Men's Christian Asso-
ciation, or to the executive committee thereof, shall be and
inure to the use and benefit of the corporation hereby
created, to be appropriated, however, to the purposes
designated in any such donation, devise or bequest.

Section 3. This act shall take etfect from and after its
passage. \^Approvecl May 4, 1857.]

Chap. 122 An Act concerning the State Prison at Cliarlestown.

Be it enacted^ SfC, as follows :

Five assistant- SECTION 1. In addition to the officers now authorized by

watchmen. j^^^ ^^ ^^^ cmploycd at the State prison, the warden is author-
ized and empowered to appoint not exceeding five officers,
to be denominated assistant-watchmen.

Salary. SECTION 2. The Salary of the assistant-watchmen above

named, shall be at the rate of six hundred dollars each per
year. [^Approved May 4, 1857.]

Chap. 1 23 An Act authorizing the removal of the Office of the Register of Deeds
for the Northern District of Berkshire, fi-om Lanesborough to Adams.

Be it enacted, Sj'C, as follows :
Registry of deeds SECTION 1, Ou and after the first day of January, in the
remoTed. ^^^^, ^^^^ thousaud eight hundred and fifty-eight, the ofiice of

the register of deeds, required by the one hundred and
twelfth section, of the fourteenth chapter of the Revised
Statutes to be kept at Lanesborough, in the county of Berk-
shire, shall be kept at Adams, in said county ; and all deeds,
conveyances and other instruments, now required by law to
be recorded at the office of the register in said Lanesborough,
shall then in like manner be recorded in said office, in said
Adams ; and all the books, records and papers belonging to
said county, deposited and kept in the office, at said Lanes-
borough, shall, under the direction of the county commis-
sioners of said county, be removed to, and deposited in the
office at said Adams.
Commissioners SECTION 2. Tlic couuty commissioucrs of Said county of
convey,''&c. Berkshire are hereby authorized, after the removal of said
office, as set forth in the first section hereof, to sell and con-
vey on l)ehalf of said county, the building at Lancsborougli,
in which the office of the register of deeds is now kept, and
the land on which said building stands, or whatever interest
in said building and land said county has or then may have,
on such terms as they shall deem for the best interest of
said county.
u^^Sr&c'"^"'''' Section* 3. This act shall be void, and of no effect, unless,

1857.— Chapter 124. 415

before said first day of January, in the year eighteen hun-
dred and fifty-eight, there shall be provided at the south
village of said Adams, free of all expense to said county,
such a building for the office of said i^egister of deeds as is
now required by law to be provided for the several registers
of deeds in the Commonwealth, and as shall be to the
acceptance of the county commissioners for said county of
Berkshire, and the title thereof, and of the land on which
it may stand, secured to said county by suitable conveyances,
to the satisfaction of said commissioners. \_App?-oved May
4, 1857.]

An Act to discontiiuie a crossing, at grade, upon the Warren Bridge, and QJicip, 124
for other purposes.

Be it enacted, Sfc, as follows :

Section 1. The Fitchburg Railroad Company are hereby i.ine of raiiimd
empowered to extend south-easterly, in a straiglit line, the
extreme north-easterly line of their railroad bridge, across
Charles River, from a point south-east of the draw and pier
thereof, across the old Warren Bridge, until snch line shall
intersect the south-westerly side of the new bridge, con-
structed by said company, leading from the old Warren
Bridge, toward Beverly Street ; and they may close the
crossing upon their said railroad bridge, and may inclose and
appropriate, use and maintain, for railroad and station pur-
poses exclusively, all that section of the old Warren Bridge
which lies south-west or south of the line above defined, and
between it and their south-westerly line, described in the
third section hereof, a part of which is included in their
location ; and they may discontinue the gate they are now
required to maintain upon each side of said crossing, and the
Commonwealth shall be thenceforth exonerated from the
maintenance of any part of the old Warren Bridge, between
the lines within described.

Section 2. The said company are hereby required to con- company to con-

, ii'1'1 II '^1 'i. ij. !• • struct sidewalk,

struct a brick sidewalk, with granite curb-stones, coniormmg &c.
in width and mode of construction to the sidewalks of War-
ren Bridge, from the southerly end of the brick sidewalk
upon the west side of said Warren Bridge, along the north-
easterly side of the line above defined, until it reaches the
sidewalk on the north-easterly side of the passenger house
and other structures of said company, and shall, with reason-
able despatch, remove the snow and ice that may, from time
to time, collect upon such new sidewalk, and shall relinquish
to the Commonwealth, for the purpose of widening said new
bridge structure, such part of their location and structures
11

476

1857.— Chapter 124.

Line extended in
Boston.

Corporation to
pay certain sum
as indemnity to
Commonwealtli.

Amount liow de-
termined.

Amount to be
paid to State
treasurer.

Bridges, when to
be declared free.

as lies on the north-easterly side of the line above de-
fined.

Section 3. The said company may extend north-westerly,
their south-westerly line upon Haverhill Street, in the city
of Boston, from the commencement of the curve on Haver-
hill Street, in a straight line, to the north-easterly end of the
pile wharf of the Boston and Maine Railroad, at its intersec-
tion with Warren Bridge.

Section 4. And whereas said company have been required
by law, to maintain a new bridge structure, connecting with,
and forming a part of Warren Bridge, and have offered to
commute for one gross sum, the annual charges to which
they are subject for the maintenance thereof; and whereas
the said company, by the terms hereof, derive from the Com-
monwealth certain rights and privileges, and have offered to
pay therefor a sum of money which shall be a fair equivalent
for all the rights and privileges so derived, after allowance
for the rights relinquished and duties assumed by said com-
pany, it is hereby provided that said company may, at any
time within the current year, pay into the State treasury,
such sum of money as shall, witli the interest thereon, suffice
for such maintenance and rej)airs, with such further sum as
shall fully indemnify the Commonwealth for all the rights
and privileges conveyed or secured to said company by the
provisions of this act ; and the amount thus to be paid, shall
be determined by Josiah G. Abbott, esquire, one of the jus-
tices of the superior court for the county of Suffolk, whose
decision, in writing, shall be filed with the State treasurer,
and shall be conclusive as to the amount ; and after such
amount shall have been duly paid into the treasury of this
Commonwealth, the said company shall be forever exonerated
from the expenses of the repair and maintenance of such
bridge structure, and from all charges and expenses incident
thereto.

Section 5. The amount thus to be determined shall be
paid by said company to the State treasurer, who shall give
a receipt therefor, and the amount shall be added by him to
the fund accumulating from the tolls of the Warren and
Charles River Bridges, specified in the sixth section of the
four hundred and fifty-first chapter of the acts of the legisla-
ture of Massachusetts for the year eighteen hundred and
fifty-four. And when the said fund, including the sum thus
added, shall amount to one hundred thousand dollars, the
treasurer of the Commonwealth shall give notice to the gov-
ernor, who shall thereon publicly declare said bridges free
from toll.

1857.— Chapters 125, 126. 477

Section 6. The amount thus to be determined by Josiah Amount-when
G. Abbott, esquire, as aforesaid, shall be paid by said com- ° '^'''"
pany into the State treasury before the said crossing is
inclosed as herein provided. And if said amount so fixed Prwocaings in
and certified by said Abbott, shall not be paid l)y said com- ment. ''""''''^^"
pany into the treasury aforesaid within sixty days after his
decision in writing shall have been filed therein as aforesaid,
upon the certificate of the State treasurer stating the fact of
such non-payment, said Abbott shall certify his said decision
in Avriting to the supreme judicial court then next to be held
within and for the county of Sufiblk, and said court shall
have cognizance thereof in the same manner, and the same
proceedings shall be had thereon, as if such decision had
been made by referees appointed by a rule of the same court,
except as hereinafter provided. Judgment shall be rendered
thereon against said company and in favor of the Common-
wealth, in the same manner as upon a like award made by
referees appointed by a rule of the court, and execution shall
issue accordingly.

Section 7. The small triangular portion of the Warren Portion of bridge
Bridge which lies on the south-westerly side of the north- ° ''""''*"' "P""-
westerly line of said Fitchburg Railroad Company hereby
established, shall remain open for access to the estates of
said company, and of the Boston and Maine Railroad, who
shall maintain the same. \_Approved May 7, 1857.]

An Act concerning the Criminal Courts in the County of Worcester. Chctl). 1 25
Be it enacted, Sfc., us folloivs :

Section 1. The term of the court of common pleas, for Time of hokung
the transaction of criminal business for the county of Wor- wJas'cha^^r"
cester, which is now required by law to be held in tlic town
of Fitchburg, on the first Monday of June, shall hereafter
be held at the same place, on the second Monday of August,
annually.

Section 2. This act shall take effect from and after its
passage. Approved May 7, 1857.]

An Act to extend the time for building the Ware River Railroad. Chap. 1 26
Be it enacted, Sfc, as follows :

Section 1. The time for locating and constructing the Time for location
Ware River Railroad, is hereby exended two years beyond &°' «-'"«"'i«'>-
the time now required l)y law.

Section 2. This act shall take effect fi'om and after its
passage. \^Approved May 7, 1857.]

478 1857.— Chapters 127, 128.

Char) 1 27 ^^ ^^'^ authorizing Abner R. Tucker and others to plant Oysters in
Jt ■ Apponigansett River.

Be it enacted^ SfC, as foUoivs :
Authorized to SECTION 1. AbiiGr R. Tiicker, David H. Bartlett, their
plant oysters. associatcs aiid successors, citizens of Dartmouth, in the county
of Bristol, are hereby authorized to plant, grow and dig oysters
in the waters and flats of Apponigansett River, from a point
in said river known as the old Mill-dam, thence down said
river to Dumplin Light, so called, thence across said river in
a direct line, from one headland to the other.
Exclusive use for SECTION 2. Abucr R. Tuckcr, David H. Bartlett, their
twenty years. associatcs and succcssors, shall have the exclusive use of said
water and flats, from high-water mark, within the bounds
prescribed, for the purpose of planting, growing, and dig-
penaity for Tio- jng oystcrs, for tlic term of twenty years. And if any person
'"""^' shall, within said limits, dig or otherwise take any oysters

during said term, without license from the above-named per-
sons, their associates and successors, they shall be punished
by imprisonment in the county jail for a time not exceeding
thirty days.
Not to infringe SECTION 3. No thing lu this act shall be so construed as
upon rights, &c. \^^ infringe upon the rights of any owner of land on which
said oysters may be planted, or the rights which persons now
have to take other shell fish in said Apponigansett River.
Section 4. This act shall take effect from and after its
passage. \_Approved May 7, 1857.]

Chap. 1 28 An Act concerning the Boston and Lowell Railroad Corporation, and
certain Railroad Companies connecting therewith.

Be it enacted, SfC, as folloivs :

Connecting track SECTION 1. Tlic Bostou and Lowcll Railroad Corporation,
and the Fitchburg Railroad Company, are hereby authorized
and required to construct a connecting track between their
railroads in Somerville, near their railroad bridge, by which
the Boston and Lowell Railroad now passes over the Fitch-
burg and Grand Junction Railroads, in place of the connec-
tion which has been interrupted.

May take land, SECTION 2. Thc Fitchburg Railroad Company, and the
Boston and Lowell Railroad Corporation, are each of them
hereby expressly authorized to take any land that shall be
required to make their respective portions of said connection,
filing a location thereof, and paying therefor, according to
the provisions of law.

Location and SECTION 3. The Said connecting track shall commence in

grade. ^^^^ ^^.^ Fitcliburg Railroad, at or near the Asylum Avenue,

1857.— Chapters 129, 130. 479

so called, and the grade thereon shall not exceed sixty feet
per mile ; and said Boston and Lowell Railroad Corporation
and Fitchburg Railroad Company, may use and maintain
such track as a substitute for the connecting track heretofore
maintained across the Grand Junction Railroad.

Section 4. The railroad bridge by which the said Boston Railroad bridge
and Lowell Railroad is carried across the Fitchburg and uubea°
Grand Junction Railroads, is hereby sanctioned and con-
firmed, and shall not be disturbed in the construction of such
connecting track, but shall be maintained at the level pre-
scribed by the act directing the construction of the same.

Section 5. Such connection shall be made under the commissioner to
direction of the commissioner appointed under the two hun- stc^ "^'^ '""'
dred and ninety-sixth chapter of the acts of eighteen hundred
and fifty-six ; and the Grand Junction Railroad and Depot
Company, their successors and assigns, may use the same,
and shall be liable to pay a proportionate part of the cost
thereof, to be recovered in the manner, and with all the rights
and remedies for the recovery thereof, set forth in said last
named chapter, and in any other act or acts that shall be
passed relating thereto. lApproved May 8, .1857.]

An Act to repeal section second of the one hundred seventy-first chapter Chop. 1 29
of the Acts of eighteen hundred fifty-six.

Be it enacted, Sj'C., as folloios :

Section 1. The second section of the one hundred and Partial repeal.
seventy-first chapter of the acts of eighteen hundred and
fifty-six is hereby repealed. x

Section 2. This act shall take eflFect on and after its
passage. \_Approved May 8, 1857.]

An Act to change the name of the Worcester District Methodist Episco- Chctp. 130
pal Church Camp-Meeting Association.

Be it enacted, Sfc, as foUuivs :

Section 1. The corporation heretofore known as the Name changed.
" Worcester District Methodist Episcopal Church Camp-
Meeting Association," shall hereafter be known under the
name and title of the Sterling Camp-Meeting Association.

Section 2. This act shall take effect from and after its
passage. \^Approved May 8, 1857.]

480

1857.— Chapters 131, 132.

Corporators.
Name.

Privileges, re-
strictions, &c.

ty, &c.

Chcrp, 131 Ax Act to incorporate tlic Trustees of the AVesleyau Chureh in Dux-
bury.

Be it enacted, t^v;., as follows :

Section 1. Isaac Dunham, William Ellison, Allen Prior
and their successors, are hereby made a corporation by the
name of the trustees of the Wesleyan Church in Duxbury ;
with all the powers and privileges, and subject to all the
duties set forth in the forty-fourth chapter of the Revised
Statutes.

hoiT'^^T '"'^d Section 2, Said corporation may receive, hold and man-
personai proper- age for tlic benefit of the Wesleyan Church, in Duxbury, all
property, both real and personal, which was bequeathed or
devised by the will of the late Seth Sprague, of Boston, for
the benefit of said church ; and all other property, both real
and personal, now held or owned by said church, or by any
person or persons, as a trustee or trustees, or otherwise, for
the benefit of said church, and also to receive, hold and
manage, for the benefit of said church, any and all other
property, both real and personal, which may by any means
be given or conveyed to said corporation : provided, the
whole amount of property to be liolden by said corporation,
shall not at any time exceed the sum or value of thirty
thousand dollars.

Section 3. Said corporation may make by-laws, and fill
all vacancies that may occur in their body, by death, resigna-
tion or otherwise.

Section 4. This act shall take efl'ect from and after its
passage. [Approved May 8, 1857.]

Chap. 132 Ax Act to define the Rights of the Cliildren of Non-resident Parents to

attend Public Schools.

Be it enacted, t^r., as follows :

All children, between the ages of five and fifteen years,
shall be entitled to attend the public schools of the city or
town in which they shall reside for the time being : provided,
however, that if any child shall attend a public school in any
city or town of this Commonwealth, other than that in which
the parent or guardian of such child may reside, and shall
have resided in such city or town for the sole purpose of
attending such school, the consent of the school committee
of such city or town shall first be obtained, and the parent
or guardian of such child shall be liable to pay, to such city
or town, for the tuition of such child, a sum equal to the
average expense, per scholar, for such school, for the period
such child shall have so attended. [Approved May 8, 1857.]

Proviso.

Vacancies, &c.

Right to attend
public schools.

1857.— Chapters 133, 134, 135. 481

An Act relating to Land taken for Public "Ways. Chan 133

Be it enacted, Sfc, as folloivs :

"Whenever any land shall be taken for the location or alter- Owners may ap-
ation of any highway, and the owner thereof shall have had ''.'^ '■"'"J^^'y-
no notice in fact of such location or alteration, he shall be
entitled to have a jury to assess the damages occasioned
thereby, upon application made in accordance with the pro-
visions of the twenty-fourth chapter of the Revised Statutes,
at any time within six months from the time such location
or alteration shall come to his knowledge : provided, that Proviso.
the time for such application sliall not be extended beyond
the period of six months after the road, so located or altered,
shall be opened for public travel. [^Approved May 8, 1857.]

An Act to authorize Hiram Brooks to extend his Wharf. Chan 134

Be it enacted, Sfc, as folloivs :

Hiram Brooks, proprietor of a wharf situated in Cam- May extend wharf
bridge, on the westerly side of Charles River, and on the '° ^^"'''"'^s^-
northerly side of the Hancock Free Bridge Corporation, is
hereby authorized to extend the same, two luuidred and five
feet, in an easterly direction, bounded northerly on the
southerly line of Broad Canal, and southerly on the northerly
line of the Hancock Free Bridge Corporation ; and he shall Rights, &c.
have the right to lay vessels at the end and side of said
wharf, and receive wharfage and dockage therefor : provided, Proviso.
hoivever, that this act shall in no way impair or affect the
legal rights of any person or corporation wliatever. [^Ap-
proved May 8, 1857.]

Ax Act to incorporate the Jamaica Pond Aqueduct Corporation. Chan. 135

Be it enacted, SfC, as folloivs :

Section 1. George II. Williams, Arthur Vf. Austin and corporators.
Thomas B. Williams, their associates and successors, are
hereby made a corporation by the name and title of the Name.
Jamaica Pond Aqueduct Corporation ; and the provisional certain act? con-
agreement made by the city of Boston with the said George ^™"''^'
H. Williams by which the said city have agreed to convey
their interest in all the property, estates and ])rivilegcs,
except that of supplying or distributing water within the
limits of the city of Boston, of the aqueduct corporation
which was incorporated by act ])assed the twenty-seventh
day of February, seventeen liundred and ninety-five, is
hereby authorized, sanctioned and confirmed ; and the sale
by said city of Boston to said George H. AVilliams, of all the
property, estates and privileges which the said city of Boston

482

1857.— Chapter 135.

May bring -water
from Jamaica
Pond.

Eights, privi-
leges, &c.

lay pipes, &c.

was authorized to purchase of the aqueduct corporatiou, by
the sixteenth section of the act passed March thirtieth,
eighteen hundred and forty-six, is hereby authorized.

Section 2. The said Jamaica Pond Aqueduct Corpora-
tion are hereby authorized and empowered to bring the
water from Jamaica Pond, from the same source and point
from which the aqueduct corporation incorporated in the
said year seventeen hundred and ninety-five, brouglit the
said water ; and shall have full power and lawful authority,
by subterraneous pipes, to bring water from said Jamaica
Pond, and supply the same to the city of Roxbury, to the
town of Brookline, and to the town of West Roxbury ; and
for this purpose the said Jamaica Pond Aqueduct Corpora-
tion shall have, use and enjoy the same rights, privileges
and easements, for supplying pure water to the towns and
city aforesaid, as were had, used and enjoyed by the aquednct
corporation for the dispensing water to the city of Boston ;

May open ground and to cuable tlio Said corporation to supply the said city of
Roxbury and towns aforesaid, the said corporation are hereby
fully authorized and empowered to open the ground in any
part of the streets and highways in the city of Roxbury
and town of West Roxbury and town of Brookline, for the
purpose of sinking and repairing such pipes and conductors
as it may be necessary to sink for the purpose aforesaid :
provided^ that the said highways and streets shall not be opened
or used by the said corporation in such manner as to obstrnct
or hinder the citizens of the Commonwealth ; and the said
corporation, after opening the ground in any of the said
streets or liighways, shall be held to put the same again in
repair to the satisfaction of the authorities of the said city
and towns respectively ; provided, also, that in excavating
for the purposes of laying the pipes or repairing the same,
the work shall be done agreeably to the direction of the
board of mayor and aldermen of the city of Roxbury, and
in the towns of West Roxbury and Brookline, under the
direction of the selectmen of those towns respectively : and

ProTided further. U is further provided, that the city of Roxbury shall be
allowed tlie privilege of inserting ten hydrants into the main
pipes of the aqueduct at such points as may be indicated by
the city authorities of Roxbury, with the right of using the
water in cases of fire, but for no other purpose whatever,
without the special permission of the directors of the cor-
poration.

• May en^ter^upoa SECTION 3. The Said corporatiou bc, and they arc hcrcby

pipes, &c. authorized and empowered, for the purpose of extending

their supply of fresh water, to enter upon and improve for

Provided, also.

1857.— Chapter 135. 483

the laying down subterraneous pipes, the corporate or private
estate of any person, town or corporation whatsoever, within
the boundaries of the city of Roxbury, towji of West Rox-
bury, or town of Brookline ; and the said corporation are
hereby empowered to talte, hold, purchase, or improve, for the
purpose of laying down subterraneous pipes, any land not
exceeding ten feet in width in the territory of the said city and
towns aforesaid, and sliall at all times have free ingress and
egress into and from the same in order to lay down, inspect,
renew and repair the said pipes ; and the said corporation shall
be held to pay all damages whicli shall accrue to any party by
the taking, holding or improving the land aforesaid, for the
purposes aforesaid ; and where the damages cannot be adjusted i>^mi(res, how
satisfactorily by. the parties, the damages may be estimated
by the county commissioners of the county of Norfolk,
saving to either party tlie right of trial by jury, according
to the law whicli provides for the recovery of damages
accruing by laying out public highways. AH claims for
damages sliall be preferred by the party entitled to demand
the same, within twelve months from the time when tlie
ground shall have been taken or first entered upon in manner
as herein before mentioned ; and the said corporation, after
having opened any of the ground aforesaid, for the pur(30ses
aforesaid, shall be held to put the same again in proper
condition. Said corporation shall be liable for any loss or corporation iia-
injury that any person or persons may sustain by reason of '^'
any carelessness, neglect or misconduct of said corporation,
or of any of its agents or servants ; and in case any recovery
shall be had against either of said towns or against said city
of Roxbury in consequence of any such carelessness, neglect
or misconduct, or in consequence of any act of said corpo-
ration, or of its servants or agents, said corporation shall be
liable to pay to said towns and said city of Roxbury, re-
spectively, any sums thus recovered against them, together
with all costs and reasonable expenditures incurred by said
towns and said city of Roxbury, or either of them, in de-
fence of such suit or suits in which such recovery may be
had ; but nothing herein contained shall be construed as
creating any obligation or liability on the part of said towns
or said city of Roxbury, beyond that which now exists by
law.

Section 4. The capital stock of said corporation shall not capital stocj» not

11 oi 111 1111 1 I- ^" exceed $100,-

exceed the sum of one hundred thousand dollars, to be di- ooo.
vided into shares of one hundred dollars each ; and no shares ea^™' *-
shall be issued for a less sum, to be actually paid in on each, uuuer'^pa?. '^'"""^
than the par value of the shares which shall first be issued : '
12

484 1857.— Chapter 135.

and said corporation may establish the capital stock at fifty-
thousand dollars, with power, by vote of two-thirds of the
stockholders in interest, to increase the same to one hun-
dred thousand dollars ; and said corporation shall have power
to purchase and hold such real estate, within said city of
Roxbury and towns aforesaid, as may be necessary or con-
venient for the purposes and management of said Aqueduct
Corporation.
Rights, privi- Section 5. And the said Jamaica Pond Aqueduct Cor-
cw^poratfon.'' poratlou arc hereby authorized and empowered to draw
the water from the s-aid pond, from the same point estab-
lished and limited by the easement, privileges and rights
acquired by the Aqueduct Corporation, chartered in the year
seventeen hundred and ninety-five, and no farther, without
the consent of the inhabitants of the town of West Roxbury,
Rights, &c., of in town meeting assembled ; and all the rights, interests
^\ est Roxbury. ^^^^ estatc of thc towu of Wcst Roxbury, in said pond, are
hereby reserved,, as to cutting ice, or any other general use
or appropriation thereof, which does not impair the rights
and privileges and easements of the said Jamaica Pond
Corporation, as aforesaid : and the said Aqueduct Corpora-
tion shall, whenever requested by the selectmen of West
Roxbury, so draw off the water, that the banks of said pond
shall not be washed away or otherwise injured.
Rights umited to SECTION 6. The Said Jamaica Pond Aqueduct Corpora-
te/ ' tion shall have no right, after the passage of this act, to
supply any water from Jamaica Pond to the city of Boston,
or to the inhabitants thereof, unless especially authorized
and requested by the city authorities of Boston ; and the
right of supplying water shall be limited to the city of Rox-
- bury and to the towns aforesaid : but if any change in the
municipal jurisdiction, over a whole or a part of the territory
now known as the city of Roxbury, should take place,
nothing in this act shall be so construed as to take away the
right to supply the whole or any portion of such territory.
Right of parties SECTION 7. When auv claim for damages shall be pre-
lerred by any party for laynig down, renewing or repairing
the pipes of said Corporation, as provided for in the third
section, said damages shall be paid within three months after
the same shall be fixed and determined ; and if not so paid,
the party entitled to such damages shall have the right to
take up and remove said pipes on his premises ; and they
shall not be relaid till said damages are paid. \_Approved
May 8, 1857.]

entitled to dam-

1857.— Chapters 136, 137. 485

An Act authorizing the Boston and Worcester Railroad Corporation to Ohdi). 136
change the location of a portion of their road, and for other purposes.

Be it enacted, Sf'C, as folloivs :

Section 1. The Boston and Worcester Railroad Corpo- Location changed
ration are hereby authorized and empowered to change the
location of that portion of their road which lies between the
Brigiiton Station, so called, on the line of said road, and the
point of the intersection of said road with the boundary line
between the towns of Brighton and Newton, or of any part
or parts of said portion, by locating, constructing and main-
taining a railroad between said points, or for any part or parts
of the distance between said points, in such manner and
over such land as the directors of said corporation may deem
expedient.

Section 2. The location of the railroad hereby author- Location eied.
ized to be constructed shall be filed within one year, but
said railroad may be constructed at any time within two years.

Section 3. Such change shall not waive or impair any Ki^hts of corpo-
rights or interests said corporation now have ; and said cor- '^'^'°°'
poratioii may retain or discontinue any part of their present
road between said points, which they shall deem it expedient
to release or to discontinue.

Section 4, In regard to locating, constructing and main- Privileges, re-
taining the railroad hereby authorized to be constructed, said ^'"'^''°"^' '^'■•
corporation shall have all the rights and privileges, and be
subject to all the duties, liabilities and restrictions, given and
imposed by their charter, or by the special acts in relation to
said corporation, or by the general laws at any time in force,
in relation to railroads.

Section 5. All persons who shall sustain any damage in Damages.
their property by locating, constructing or maintaining said
railroad, shall liave all the remedies provided by law for
persons whose land or other property is taken for the con-
struction and maintenance of railroads. [Approved May 9,
1857.]

An Act relating to the Roxbury Gas-Light Comjjany. Chci7) 137

Be it enacted, Sfc, as folloivs :

Section 1. The Roxbury Gas-Light Company is hereby May lay pipes and
authorized to lay pipes through Seaver Street, in the town of westuoxMiry.'"
West Roxbury, and to furnish gas to the owners or occu-
pants of all buildings on the West Roxbury side of said
street, until such time as the Jamaica Plain Gas-Light Com-
pany shall give notice, in writing, to the said Roxbury Gas-
Light Company, of their readiness to furnish gas to said

486 1857.— Chapter 138.

owners or occupants : and the said Roxbury Gas-Light Com-
pany shall have the right to continue and maintain their
pipes in said street, for the purpose of supplying gas to the
inhabitants on the Roxbury side of said street, and any street
lamps on the northerly side thereof.

Mayopen^groimd SECTION 2. Tlic Said Roxbury Gas-Light Company, with
the consent of the selectmen of the town of West Roxbury,
shall have power and authority to open the ground in any
part of said Seaver Street, in said town, for the pur-
pose of sinking and repairing such pipes and condnctors,
as it may be necessary to sink for the purposes aforesaid ;
and the said company, after opening the ground in said
street, shall be held to put the same again in repair, under

Proviso. the penalty of being prosecuted for a nuisance : provided,

however, that said selectmen, for the time being, shall, at all
times, have the power 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 town.

Section 3. This act shall take effect from and after its
passage. '[^Approved May 9, 1867.]

Chap. 138 -^^ ■^^'^ concerning the Brush Hill Turnpike Corporation.

Be it enacted, Sfc, as folloivs :

Head and fran- SECTION 1. Tlic surrcudcr of that portiou of tlic road aiid

c isesurren ere f^.r^,j(,|^jgQ ^f ^j-j^ Brusli Hill Tumpikc Corporatiou, which is
within the limits of the town of Milton, and of any right of
said corporation therein, is hereby accepted, and said corpo-
ration is discharged from the liability to maintain and keep
said road in repair ; and the said road may be laid out as a
highway or town way, without any rights on the part of said
corporation to compensation or damages therefor : and until
the same shall be laid out as aforesaid, the said town shall
give notice that the same is not a public way.

Rights under pre- SECTION 2. Nothing lu this act contained shall affect any

Tious statutes not ., . "-' . /.i

to be affected, riglits accrumg Or to accrue under or by virtue oi the pro-
visions of the seventeenth section of the thirty-ninth chapter
of the Revised Statutes ; but the proprietors of lands abut-
ting on said way, or over which said way passes, are not to
be entitled to any additional damages or compensation
upon the laying out of the same as a town way or highway,
other than such as may be recoverable under the provisions
of said seventeenth section. [Approved May 9, 1867.]

1857.— Chapter 139. 487

An Act to protect ISIariners and Ship-Ownens from imposition. Chap. 139

Be it enacted, S^-c., an fulloivs :

Section 1. No person shall board, or attempt to board vessels arriving
any vessel arriving in Boston liarbor, Salem harbor, Fall bors, — boarding
River harbor, or the harbor of New Bedford and Fairliaven, Sn.'''"'''"""
before said vessel has been made fast to the wharf, without
obtaining leave from the master or person liaving charge of
said vessel, or leave, in writing, from the owner or owners, or
agent tliereof, under a penalty of not more than fifty dollars Penalty.
for each offence.

Section 2. If any person, not having obtained leave as i^^^'jf " bin for°-
aforesaid, shall board any vessel whatever, in either of the bidden, and re-
harbors aforesaid, after having been ordered not to do so, by .vbeu" ordered,
any person having cliarge of such vessel at the time, or if p''"''"^'^'"'-
any person shall board such vessel, and shall refuse or neg-
lect to leave her, when ordered to do so, by the person having .
charge of such vessel, he shall pay a fine of not more than
fifty dollars.

Section 3. The provisions of the foregoing sections shall Not to .apply to

1 -1 1 !• pn . P. ° 1 • i1 pilots, &C.

not apply to any pilot or public omcer visiting a vessel in the
discharge of his duty.

Section 4. No person shall entice or persuade, nor attempt Enticing crew to

1 1 /. /i ■ c 1 leiive, &c., for-

te entice or persuade, any member ot the crew ot any vessel bidden.

arriving in either of the above named harbors, or of any ves-
sel about to sail from either of said harbors, to leave or
desert said vessel, before the expiration of his term of service
in such vessel, under a penalty of not more than fifty dollars Penalty.
for each offence.

Section 5. If any person shall knowingly and wilfully ^^'^^ftf /Jj^^e wbo'
persuade or aid any person who shall have shipped on a bave received ad-

,. , ■ ,t • r^ 1x1 ] -J vance wages, pen

voyage irom any port in tins Commonwealth, and received aityfor.
advanced wages therefor, to wilfully neglect to proceed on
such voyage, he shall forfeit a sum not exceeding one hun-
dred dollars, to be recovered as herein provided.

Section 6. The penalties herein provided may be recov- Penalties, how

1 I. V rGCOVcrcci.

ered by complaint in the police court of Boston, when the
oflFence is committed in Boston, or Boston harbor ; in the
police court of Salem, when the offence is committed in
Salem, or Salem harbor ; in the police court of Fall River,
when the offence is committed in Fall River, or Fall River
harbor ; and in the police court of New Bedford, when the
oflfence is committed in New Bedford or Fairhaven, or in the
harbor of New Bedford and Fairhaven, saving to the party
convicted his right of appeal. And any person offending Arrests, how
against any provision of this act may be arrested, with or ^^ ^'

488 1857.— Chapter 140.

without warrant, by any officer qualified to serve criminal
process in the city where the offence is triable : provided, that
the person arrested shall be forthwith brought before the
court.
Harbor lines de- SECTION 7. For tlic purposcs of this act, the outer limits
of Boston harbor shall be, for any vessel bound to said har-
bor, the line fixed by the twenty-fourth section of chapter
thirty-two of the Revised Statutes ; and the outer limits of
Salem harbor shall be, for any vessel bound to said harbor,
the chops of said harbor ; the harbor of Fall River shall be
deemed to include the waters of Taunton Great River, and
Mount Hope Bay, from the south line of the town of Freetown,
to Rhode Island State line, including the shores of Somerset ;
and the outer limits of the harbor of New Bedford and Fair-
haven, for vessels bound to said harbor, shall be the outer
limits of Buzzard's Bay ; and the harbors of New Bedford
and Fairhaven shall be considered as one harbor ; and Bos-
ton harbor shall be deemed to include the shores of Chelsea
and Charlestown ; and the word vessel, in this act, shall also
include any vessel propelled by steam. \^Approved May 9,
1857.]

Chap. 140 An Act concerning" the Waltham and Watertown Railroad Company.
Be it enacted, Sfc, as follows :

May extend road. SECTION 1. Tlic Waltliam aud Watcrtowu Railroad Com-
pany are hereby authorized and empowered to extend their
railroad, and to construct, maintain, and use a railroad, with
convenient single or double tracks, from the dividing line
between the towns of Watertown and Newton, to some con-
venient point at Newton Corner, in said Newton, over and
upon such streets or highways in said Newton, as may, from
time to time, be fixed by the selectmen of said town, with
the assent of said corporation in writing expressed, and filed
with said selectmen, — said extension from said town line not
to exceed in distance one thousand feet.

Powers, duties, SECTION 2. The sclcctmen of Newton shall, in regard to
the railroad herein authorized, have all the powers, and be
subject to all the duties that the selectmen of Watertown
have, or are subject to in regard to the railroad of said cor-
poration in Watertown. And the said corporation, as to the
railroad herein authorized within said town of Newton, shall
have all the powers and privileges, and be subject to all the
liabilities, restrictions and duties that they have, or are sub-
ject to by their original act of incorporation.

Btractio" ''"^ Section 3. Any location which the said company shall

Time for con-

1857.— Chapter 141. 489

hereafter acquire, either in Watertown or Newton, shall be
void unless the said company shall construct their road in
conformity thereto, within six months from the time that
said location shall be granted. [Approved May 9, 1857.]

An Act to amend and consolidate
nient for Debt and the Puni

the several Acts concerning Imprison- (7/i<7», 141
ishment of Fradnlent Debtors.

Be it enacted, t^'c, as folloivs :

Section 1. Imprisonment for debt, except in cases of imprisonment for
fraud, is hereby forever abolished in Massachusetts. uebt abolished.

Section 2. Wilful and intentional neglect to apply prop- Fraua defined.
erty not exempt from being taken on execution, to the pay-
ment of a debt ; or the conveyance or concealment, or other
disposal of property by a debtor, with design to defraud or
delay creditors in the collection of their debts, or the hazard-
ing and payment of money or other property, to the value of
one hundred dollars or more, by a debtor, in any kind of
game prohibited by the laws of this Commonwealth, or the
wilful expenditure and misuse by a debtor of his goods and
estate for the purpose of enabling himself to take the oath
hereinafter provided for the relief of poor debtors ; or the
contracting of a debt with an intention not to pay the same,
shall be considered as a fraud, and shall be punished as
hereinafter provided.

'Section 3. If the plaintiff" in any suit, or any person in Body may te ar-
his behalf, after execution is issued amounting to twenty tion*|— on ''what
dollars, exclusive of costs, and while twenty dollars thereof, <=°"'ii"o"s-
exclusive of costs, remain uncollected, shall make affidavit
and prove to the satisfaction of any justice of any court of
record, police court, judge of probate, master in chancery or
commissioner of insolvency, or if no such magistrate can be
conveniently found, any justice of the peace and of the quo-
rum, that he believes, and has reason to believe, —

First, — that the defendant has property, not exempt from
being taken on execution, which he does not intend to apply
to the payment of the plaintiff^'s claim ; or.

Second, — That since the debt was contracted, or the cause
of action accrued, the debtor has fraudulently conveyed or
concealed, or otherwise disposed of his estate, or some part
thereof, with a design to secure the same to his own use, or
to defraud his creditors ; or.

Third, — That since the debt was contracted, or the cause
of action accrued, the debtor has hazarded and paid money
or other property, to the value of one hundred dollars or
more, in some kind of gaming prohiljited by the laws of this
Commonwealth ; or,

490

1857.— Chapter 141.

Proceedings after
arrest.

Poor debtor's
oath ; plaintiff
to be notified.

Notice, how
eeryed.

Form of notice

Fourth, — That since the debt was contracted, the debtor
has wilfully expended and misused his goods or estate, or
some part thereof, for the ])urpose of enabling himself to
swear that he has not any estate to the amount of twenty
dollars, except such as is exempted from being taken on exe-
cution ; or.

Fifth, — (if the action was founded on contract,) — That
the debtor contracted the debt with an intention not to pay
the same ; — which affidavit, and the certificate of the magis-
trate that he is satisfied there is reasonable cause to believe
the charges therein contained, or some one of them, are true,
shall be annexed to the execution, — then, and not otherwise,
the execution may be served by the arrest of the body. The
form of execution shall be the same as now provided by law,
and when issued by a justice of the peace, the affidavit may
be made before him, and the certificate may be granted by
him.

Section 4. The defendant, when arrested, shall be allowed
reasonable time to procure sureties, and shall be carried
before some justice of a court of record, police court, judge
of probate, master in chancery, or commissioner of insolvency ;
or, if no such magistrate can be conveniently found, before
some justice of the peace and of the quorum, who shall, if
the defendant desires to take the oath for the relief of poor
debtors, issue notice thereof to the plaintiff, which notice
shall be served by giving to the plaintiff, his agent or attor-
ney, an attested copy thereof, or by leaving such copy at the
last and usual place of abode of the plaintiif, his agent or
attorney, allowing not less than one hour before the time
appointed for the examination, and allowing time for travel
at the rate of not less than one day for every twenty-four
miles' travel. And when there is more than one person
plaintiff", or more than one agent or attorney, service on
on one shall be sufficient. When the plaintiff is dead, or not
a resident in the county where the arrest is made, the notice
shall be served upon tlie agent or attorney, if he lives in the
county, or has his usual place of business therein ; but if no
such agent or attorney be found within the county, such
notice may be served on the officer who made the arrest.

Sections. Such notice may be served by any officer
qualified to serve civil process. The person who made the
writ on which execution is obtained, may always be regarded
as the attorney of the plaintiff, as to service of notice. And
this form of notice, or any equivalent thereto, shall be suffi-
cient : —

To A B : C D , arrested on execution in

1857.— Chapter 141. 491

your favor, desires to take the oath for the relief of poor
debtors, at (naming the day and hour,) at (naming the
place,) signed with the designation of the capacity of the
magistrate.

Section 6. When the notice provided for in section four, ^^™^^^^"°"'
shall have been duly served, the magistrate shall, at tlie time
and place therein specified, examine the debtor on oath, con-
cerning his estate and eftects, and the disposal thereof, and
his ability to pay the debt for which he is arrested, and shall
hear any other legal and pertinent evidence that may be pro-
duced by the debtor or the creditor. And the creditor may,
upon such examination, propose to the debtor any interroga-
tories pertinent to the inquiry, and the examination of the
debtor shall, if required by either party, be in writing, in
which case it shall be signed and sworn to ))y the debtor, and
preserved by the magistrate.

Section 7. If the magistrate issuing the notice does not what magistrate
attend, any other magistrate authorized to act in such cases, ^'^^
may attend and act at the time and place specified. And
the magistrate before whom such examination is had, may
adjourn the same from time to time, and shall have the same
powers with respect to all other incidents thereto, as justices
of the peace or other courts have in civil actions ; and wit-
nesses, when duly summoned, shall attend as in civil cases.

Section 8. If, upon such examination, the magistrate if magistrate is
shall be satisfied of the truth of the facts set forth in the minister 'S.*'
oath to be taken by the debtor, and in the certificate to be
made by the magistrate, as herein provided ; and if it shall
appear to him that the debtor is entitled to his discharge,
under the provisions of this act, he shall administer to him
the oath hereinafter mentioned.

The oath shall be as follows, to wit : —

I, (here repeat the name,) do solemnly swear, that I have Formof oatu.
not any estate, real or personal, to the amount of twenty
dollars, except the estate, goods and chattels which are by
law exempted from being taken in execution. And that I
have not any other estate now conveyed or concealed, or in
any way disposed of, with design to secure the same to my
own use, or to defraud my creditors : So help me, God,

Section 9. After administering the oath, the magistrate Magistrate's cer-
shall make a certificate thereof, under his hand, as follows,
to wit : —

S , ss. I hereby certify, that A B , a poor

prisoner, arrested upon execution for debt, has caused E

F , the creditor at whose suit he is arrested, to be notified

according to law, of his desire to take the benefit of the law

492 1857.— Chapter 141.

for the relief of poor debtors ; that in my opinion the said

A B has not any estate, real or personal, to the

amount of twenty dollars, except the estate, goods and chat-
tels which are by law exempted from being taken in execu-
tion. And has not any other estate now conveyed or
concealed, or in any way disposed of, with design to secure
the same to his own use, or to defraud his creditors. And I

have, after due examination of the said A B , admin-

tered to him the oath for the relief of poor debtors.

Witness my hand, this day of , in the year .

Discharge of Upou taking this oath, the debtor shall be discharged from

debtor. arrest, and shall be forever exempt from arrest on the same

execution, or any process founded on the judgment, unless he
shall be convicted of having wilfully sworn falsely on his
Judgment good examination. But the judgment shall remain in full force
agains es a e. agai^g^ ^jjy estatc wliicli may then or at any time thereafter
belong to him, and the creditor may take out a new execu-
tion against tlie goods and estate of the debtor, in like man-
ner as if he had not been committed on the execution.
Magistrate may Section 10. Pending tlic cxaminatiou of a debtor, and
zance. '^®''°^°'' at any time after he is carried before a magistrate, the
magistrate may accept the recognizance of the debtor, with
surety or sureties, in a sum not less than double the amount
of the execution, that he will appear at the time fixed for
his examination, and from time to time, until the same is
concluded, and not depart without leave of the magistrate,
making no default at any time fixed for his examination, and
abide the final order of the magistrate thereon. Or if the
debtor does not desire any time fixed for his examination, the
magistrate may take his recognizance as aforesaid, that within
ninety days from the time of his arrest, he will deliver him-
self up for examination, giving notice, as herein provided,
and making no default at any time fixed for his examina-
tion, and abide the final order of the magistrate thereon :
Proviso provided, however, that no recognizance, as aforesaid, shall

be accepted at any time after the oath aforesaid shall have
been once refused to the debtor.
Debtor to be sent SECTION 11. If tlic dcbtor, ou bciug Carried before the
cases" ' "1 ^ a n^agistrate, as is provided in section four, shall not desire to
take the oath for the relief "of poor debtors, or shall fail to
procure surety to the satisfaction of the magistrate, as pro-
vided in the preceding section, or if, upon his examination,
said oath shall be refused to him, a certificate thereof shall
be annexed to the execution, and signed by the magistrate,
and the debtor shall be conveyed to jail and there kept, until
he shall have recognized as herein provided, or the execution

1857.— Chapter 141. 493

be satisfied, or until he shall be released by the creditor, or
until he shall have given notice as before provided, and taken
the oath for the relief of poor debtors.

Section 12. When either of the charges named in the when fraud is
third section of this act, numbered second, tliird, foiirth and n^y ^ done'!''
fifth, shall be made as therein provided, or whenever the
creditor, or any one in his behalf, shall, at any time pending
the examination of the debtor, file such charges in writing,
subscribed and sworn to by the creditor, or some person in
his behalf, the same sball be considered in the nature of a
snit at law, to which the debtor may plead tliat he is guilty
or not guilty, and the magistrate may, thereupon, hear and
determine tlie same. And the creditor shall not, upon sucli
hearing, give evidence of any charges of fraud, not made or
filed as before provided, nor of any fraudvilent acts of the
debtor committed more than three years before the com-
mencement of the creditor's original action.

Section 18. When the said hearing is had on the charges Either party may
of fraud, mentioned in the preceding section, and judgment *^'p°''''
is rendered thereon by the magistrate, either party may appeal
therefrom to the court of common pleas, in counties other
than Suffolk, and to the superior court in the county of Suf-
folk, in like manner as from the judgment of a justice of the
peace in civil actions. And the trial in the court appealed
to shall be by a jury, unless the court shall, with the consent
of both parties, hear and determine it without a jury.

Section 14. If the creditor appeals, he shall, before the Proceedings on
allowance thereof, recognize, with sufficient surety or sure- ^"^^"^
tics, to enter and prosecute his appeal with effect, and
to produce, at the court appealed to, a copy of all the
proceedings upon his said charges, and to pay all costs if
judgment shall not be reversed. And if the debtor appeals,
he shall in like manner recognize, and with the like condi-
tion, and with the further condition that if final judgment
shall be against him, he will, within thirty days thereafter,
surrender liimsclf to be taken in execution and abide the
order of the court, or pay to the creditor the whole amount
of the original judgment against him.

Section 15. If the debtor, after either of the charges in case of default
mentioned in section twelve, shall have been made or filed debtTmlfbe'
against him, as before provided, shall voluntarily make deaied oath, &c.
defiiult at any time appointed for the hearing, or if, upon a
final trial, he shall be found guilty of any of them, he shall
be refused the oath for tiie relief of poor debtors, and may
moreover be sentenced, by the magistrate or court before
whom the trial is had, to confinement at hard labor in the

goods after

494 1857.— Chapter 141.

house of correction, for a term not exceeding one year, or to
confinement in the county jail not exceeding six months.
Misspending SECTION 16. If any pcrsou arrested on execution shall,

after such arrest, misspend or misuse goods, effects or credits
to the amount of forty dollars, not exempt from being taken
on execution, but which cannot be attached by ordinary pro-
cess of law, or so much as is equal to the sum for which he is
committed, without having first offered the same to the
" arresting creditor in satisfaction, or part satisfaction of his
debts, he shall not be entitled to the benefit of the oath for
the relief of poor debtors.
Arrest on mesne SECTION 17. No pcrsoii shall be arrcstcd on mesne pro-
fngsprecedent*^ ccss iu any actiou of contract, unless the plaintiff, or some
person in his behalf, shall make affidavit and prove to the
satisfaction of some justice of a court of record, police court,
judge of probate, master in chancery or commissioner of
insolvency, or if no such magistrate can be conveniently
found, any justice- of the peace and of the quorum, —

First, — That he has a good cause of action, and a reason-
able expectation of recovering a sum amounting to twenty
dollars.

Second, — That he believes, and has reason to believe, the
defendant has property not exempt from being taken on exe-
cution, which he does not intend to apply to the payment of
the plaintiff's claim ; and,

Tfiird, — That he believes, and has reason to believe, that
the defendant intends to leave the State, so that execution,
if obtained, cannot be served upon him ; and such affidavit
and the certificate of the magistrate that he is satisfied the
same is true, shall be annexed to the writ.
Proceedings after SECTION 18. Tlic defendant, whcu arrested, shall be
arrest. allowcd reasonable time to procure sureties, and shall then

be carried before some justice of a court of record, police
court, master in chancery or commissioner of insolvency, or
if no such magistrate can be conveniently found, before some
justice of the peace and of the quorum. And if the defendant
desires to take the oath for the relief of poor debtors, the
same proceedings shall be had, and the same charges of
fraud may be filed as is herein provided in cases of arrest on
execution.
Oath same as in SECTION 19. Thc fomi of thc oath shall be the same as
executlon"'^^'^ °° that proscribed in case of arrest on execution ; and if the
oath be administered to the debtor he shall be discharged,
and shall never be liable to arrest for the same cause of
action, unless he shall be convicted of having wilfully sworn
falsely on his examination.

1857.— Chapter 141. 495

Section 20. If the defendant desires to take an oath that Additional oath.
he does not intend to leave the State, he shall be examined,
after giving notice as above provided ; and if on such exami-
nation the magistrate shall be satisfied tliat the defendant did
not, when arrested, and does not at the time of examination,
intend to leave the State, he shall make certificate thereof,
and the defendant shall be discharged from arrest. And the
defendant may give notice of his desire to take both the
oatlis herein provided for.

Section 21. If the defendant on being carried before the m default of ban,

~ . &c., debtor to be

magistrate shall fail to procure sureties, and recognize to committed.
the satisfaction of the magistrate, as provided in section ten,
and shall not give bond as hereinafter provided, or if on his
examination he does not swear to the satisfaction of the
magistrate, that he does not intend to leave the State, and
the oath for the relief of poor debtors is refused him, the
magistrate shall make a certificate thereof, and the defendant
shall be conveyed to jail and there kept until final judgment
in the suit in wliicli he was arrested ; and if the final judg-
ment shall be against him, he shall be held for thirty days
thereafter, in order that he may be taken in execution :
unless lie shall recognize as aforesaid, or give said bond or
take the oath for the relief of poor debtors, or an oath that
he does not intend to leave the State, or shall be discharged
by the plaintiff. But no recognizance of the defendant,
except to prosecute his appeal as provided in section four-
teen, shall be taken after the oath for the relief of poor debt-
ors shall have been refused him.

Section 22. AVhenever a debtor shall be arrested on a suaii be released
tnesne process, he shall be released on giving a bail bond as °"*^'"°s
now provided by law, and such bond may be approved by
either of the magistrates mentioned in section three : pro- Proviso.
vided, hoivever, that if the defendant shall be sentenced on
any charge of fraud as herein provided, the giving such bond
shall not discharge him from imprisonment thereon.

Section 2-3. No debtor shall be entitled to the benefit of con<i'tions of

_, 11 n . f, . oath after scire

tlie oath for the relief of poor debtors after a writ of scire /adas.
facias on the bail bond, given by him in the original action,
shall have been served upon his bail therein, unless tiie
debtor shall pay all the costs which shall have accrued on
such scire facias.

Section 24. When any person, who is committed to prison Persons commit-
tor the non-payment of taxes, sliatl be unable to pay the ment of taxes
same, he shall be entitled to his discharge in like manner as charge.
persons committed on execution. And the notice required
in such case to be given to the creditor may be given to

496 1857.— Chapter 141.

either of the assessors or the collector by whom the party was
committed. And the assessors and collector, or any of them,
may appear and do all things in relation to the proceedings
which a creditor might do in case of arrest on execution.
Paupers to be SECTION 25. When any person, who is confined in close

supported by . '''-.. . ., .

creditor. prison ou mesue process or execution m any civil action,

shall claim support as a pauper, the jailer shall furnish his
support at the rate of one dollar and seventy-five cents a
week, to be paid by the creditor. And the creditor in such
case shall, if required by the jailer, either advance, from time
to time, the money necessary for the support of the prisoner,
or give the jailer satisfactory security therefor. And if the
creditor shall neglect so to do for twenty-four hours after
demand, the jailer may discharge the prisoner. And such
demand may be made of the officer who commits the debtor,
or of the creditor or his attorney, at any time after the pris-
oner shall have claimed such support.

Sureties may sur- SECTION 26. Ally pcrsou wlio shall rccognizc as surety

render tlie priu- , ,, ^ • 'ii ,,• !/•

cipai. ^ tor anotlier as herein provided, may at any tune beiore
breach of recognizance, surrender his principal and exonerate
himself from all further liability, in the manner provided in the
ninety-first chapter of the Revised Statutes for the surrender
by bail, and all the proceedings on such surrender shall be
the same as is now provided in the case of bail.
New notice not to SECTION 27. Whenever any debtor who is arrested on
se^vendays^&cr"^ cxecutioii or mestie process, shall have given notice of his
desire to take the oath for the relief of poor debtors, no new
notice of the same shall be given until the expiration of
seven days from the former notice, unless the former notice
be insufficient in form or in the service thereof.
Proceedings SECTION 28. Wliencvcr any recognizance taken under the

zance is broken, provlsioiis of tlus act shali be broken, the creditor may have
remedy thereon by action of contract, to be commenced
within one year after such breach, in any court competent
to try the same, and judgment shall be entered for the amount
of the penalty, but execution shall issue only for so much
tliereof as may be justly and equitably due : provided, that
if the recognizance shall have been taken on an execution,
the execution shall not issue for less than the amount due
on the original judgment, with all the lawful costs and
charges that shall arise after the issuing of the original
execution.
^^^^- Section 29. The fees of the magistrate shall be as fol-

lows : For hearing an application for certificate to arrest,
one dollar ; for approving sureties and taking the recogni-
zance of the delator after arrest, one dollar ; for an examina-

i857. — Chapter 141. 497

tion, two dollars for each day spent tlierein. And the creditor
causing an arrest shall pay these fees in advance. And in
case the oath is not administered to the dehtor, they shall be
allowed as a part of the service of the writ or execution.
And if the creditor shall at any time make default, after
request, in the payment of the fees, the magistrate may dis-
charge the debtor : provided, however, if after the oath shall
have been once refused to the debtor, he shall again apply
for tlie benefit of the same, the fees for such subsequent
application and examination thereon shall be paid by the
debtor.

Section 30. No arrest shall be made after sunset, unless no arrest after
specially authorized by the magistrate making the certificate, ^"''•"'*-
upon satisfactory cause shown. And no woman shall be no woman arrest-
arrested in any civil process, except for tort. ea except for tort.
Section 31. Sections forty-eight and forty -nine, of chap- Acts and parts of
ter eight ; sections one hundred and eleven, one hundred **^'"'''"''^''*'''
and twelve, one hundred and thirteen, one hundred and
fourteen, and one hundred and fifteen of chapter ninety ;
sections forty-four, forty-five, forty-six, forty-seven, forty-
eight, forty-nine, fifty, fifty-one, fifty-two, fifty-three, sixty-
one, sixty-two, sixty-three, sixty-four, sixty-five, sixty-six,
sixty-seven, sixty-eight, sixty-nine and seventy of chapter nine-
ty-seven, and chapter ninety-eight of the Revised Statutes ;
chapter one hundred and fifty-four of the statutes passed in
the year eighteen hundred and forty-four ; chapters one
hundred and sixty-eight and two hundred and eighty-six of
the statutes passed in the year eighteen hundred and forty-
eight ; section two of chapter one hundred and ninety -nine,
and chapter two hundred and twelve of the statutes passed
in the year eighteen hundred and fifty ; and chapter two
hundred and eighty-one of the statutes passed in the year
eighteen hundred and fifty-two ; and chapter four hundred
and forty-four of the statutes passed in the year eighteen
hundred and fifty-five, and all otlier acts and parts of acts,
inconsistent herewith, are hereby repealed. But nothing in Proceedings ai-
this act contained shall affect any action or proceeding, com- no't'^afecTed™'''"^
menced or pending when the same shall go into operation,
except that all subsequent proceedings therein shall be
according to the provisions of this act. \^Approved May 13,
1857.]

498 1857.— Chapter 142.

Chap. 142 ^^ ■^^'^ *° amend the Cliai-ter of the Barre and North Brookfield Railroad

Company.

Be it enacted^ SfC.^ as foUotvs :
Time of construe- SECTION 1. TliG timc, witliiii wliicli tliG Barre and North
tion extended, grookfielcl Railroad may be constructed, is hereby extended
for two years from the time now fixed by law, for the con-
struction of so much of said road as lies between the West-
ern Railroad, at East Brookfield, in the town of Brookfield,
and North Brookfield Centre, as hereinafter provided.
Alteration in lo- SECTION 2. The said couipauy is hereby authorized to
ca lonau orize ^^Qj^gj^p^^gj^ go^j^j road, and may make such alterations in the
location of the same, as may be deemed necessary and con-
venient ; and may operate the said road, when constructed,
either by steam or horse power.
Present stock- SECTION 3. Thc prcscut stocldioldcrs are hereby released

and "ew*^ sub- froui tlicir subscriptiou to the stock of said road, except so
thorized"^ ''" f^'' ^'^ t^^cy "^'^y ^^ liable for debts already contracted ; and
said company are, hereby authorized to take a new subscrip-
tion of stock, for the construction of said road from East
Brookfield to North Brookfield.
May commence SECTION 4. Said couipauy may commence the construction
when, &c. ' of Said road, whenever a sufficient amount of stock shall
have been subscribed therefor, in accordance with this act ;
the holders of said stock, at a meeting duly notified therefor,
choosing a board of officers, who shall proceed to construct
and manage the same.
An estimate of SECTION 5. Beforc Said compauy shall proceed to construct
^rf^^ubscrfpHon said road, they shall, by a competent engineer, cause to be
of thf same'^paid ^^de, au accuratc estimate of the expense of constructing
in, required. said Toad ; and they shall not commence to construct the
same, till a bona fide subscription to their stock shall be made,
to an amount equal to the estimated cost of said road, nor
until a certificate shall have been filed with the secretary of the
Commonwealth, subscribed and sworn to by the president,
and a majority of the directors of said company, that the
amount herein before required to be subscribed, has been
taken by responsible parties, and twenty per cent, of the
No stock at less samc actually paid in ; and no share of said stock shall be
than par. issucd at Icss than the par value named in the charter.

Section 6. This act shall take effect from and after its
passage. [^Approved May 13, 1857.]

1857.— Chapters 143, U4. 499

An Act to increase the Capital Stock of the Maklon Bank. Chan. 14o

Be it enacted, Sfc, as follows :

Section 1. The president, directors and company of the increase of capu
Malden Bank, in Maiden, are hereby anthorized to increase * '^^ ""^"^ '
their present capital stock, by an addition thereto of fifty
thousand dollars, in shares of one hundred dollars each,
which shall be paid in such installments as the president and
directors may determine : provided, that the whole amount Proviso.
shall be paid in before the first day of May, in the year one
thousand eight hundred and fifty-eight.

Section 2. If any of the stockholders of said bank remon- Remonstrance to
strate against the acceptance of the additional capital stock, * '° ^" '""'
herein provided, their 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.

Section 3. The additional capital aforesaid, when paid Taxation of new
into said bank, shall be subject to the same tax, regulations,
restrictions and provisions, to which the present capital stock
of said bank is now subject.

Section 4. Before said corporation shall proceed to do certificate to be

1 • . -, -,-,',. 1 .,1 ,• n , • 1 ^ returned to secre-

business on said additional capital, a certificate, signed by tarj's office.
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 office of the secretary of the Com-
monwealth.

Section 5. This act shall take efiect from and after its
passage. [Approved Map 13, 1857.]

As Act to increase the Capital Stock of the Asiatic Bank. Chcij). 144

Be it enacted, SfC, as follows :

Section 1. The president, directors and company of the increase of capi-
Asiatic Bank, in Salem, are hereby authorized to increase
their present capital stock, by an addition thereto of one
hundred and five thousand dollars, in shares of thirty dollars
each, which shall be paid in such installments as the president
and directors may determine : provided, that the whole vrovua.
amount shall be paid in before the first day of May, in the
year one thousand eight hundred and fifty-eight.

Section 2. If any of the stockholders of said ])ank re- j';f'?'"^''*:'j'^/'''° '"
monstrate against the acceptance of the additional capital
herein provided, their 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-
it

500 1857.— Chapters 145, 146.

fourth part of the present capital stock of said corporation,
it shall not be entitled to the benefit of this act.
Taxation of new SECTION 3. The additional stock aforesaid, when paid into

stock ' t • .

said bank, shall be subject to the like tax, regulations,
restrictions and provisions, to which tlie present capital stock
of said bank is now subject.
Certificate to be SECTION 4. Bcforc Said Corporation shall proceed to do
retary's offic^"" busiucss ou 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 office of the secretary of the Com-
monwealth.

Section 5. This act shall take effect from and after its
passage. [Approved May 18, 1857.]

Chap. 145 An Act in addition to " An Act to establish the Mount Washington

Avenue Corporation."

Be it enacted, SfC.^^as folloics :
Time of construe- Thc time, witliiu which the Mount Washington Avenue
twoyeara" "^ Corporatiou may construct and complete the unfinished por-
tion of its avenue, between Fore Point Channel and its
easterly terminus in South Boston, is hereby extended two
years, from the time now allowed by law. {^Approved May
13, 1857.]

Chap. 146 -^^ ■^^'^ i'^ addition to " An Act to set off a part of the Town of Dorches-
ter, and annex it to the Town of Quincy."

Be it enacted, Sfc, as folloivs :
Inhabitants to SECTION 1. Tlic inhabitants of so much of the town of
dentsoTcorciTes- Dorchcstcr, as was annexed to the town of Quincy, by the
po'ses^'^''''" ^"'^" two hundred and sixty-seventh chapter of the acts of the
year eighteen hundred and fifty-five, shall be, and be deemed,
inhabitants of the town of Dorchester, for the purpose of
voting for, and being eligible as representatives in the general
court, until the next apportionment of such representatives,
in pursuance of the constitution and laws of the Common-
wealth, shall take effect.
For otiier pur- SECTION 2. For all other purposes, the inhabitants of said
lo''Quii°cy!'^^°°° territory shall be, and be deemed inhabitants of the town of

Quincy.
Taxes. SECTION 3. Until the next general valuation of estates in

this Commonwealth, the town of Quincy shall annually pay
over to the town of Dorchester, the proportion of any State
or county tax which the said town of Dorchester may have to
pay upon the inhabitants and estates so set off. {Approved
May 13, 1857.]

1857.— Chapters 147, 148. 501

An Act to increase the Capital Stock of the Woburn Bank. Chan. 147

Be it enacted, Sfc, as follows :

Section 1. The president, directors and company of the increase of capi-
Woburn Bank, in Woburn, are hereby authorized to increase * ^^ °"^^ '
their present capital stock, by an addition thereto of fifty
thousand dollars, in shares of one hundred dollars each,
which shall be paid in such installments as the president and
directors may determine : provided, that the whole amou.it Proviso.
shall be paid in before the first day of May, in the year one
thousand eight hundred and fifty-eight.

Section 2. If any of the stockholders of said bank re- Kemonstrance to
monstrate against the acceptance of the additional capital, ing.
herein provided, their 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.

Section 3. The additional stock aforesaid when paid into J^.^^"^""" "^ "^'^
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.

Section 4. Before said corporation shall proceed to do certificate to be
business on said additional capital, a certificate, signed by retary's office,
the president and directors, and attested by tlie cashier, under
oath, that the same has actually been paid into the said bank,
shall be returned into the office of the secretary of the Com-
monwealth.

Section 5. This act shall take efiect from and after its
passage. \^Approved May 13, 1857.]

An Act to incorporate the Massachusetts Peat Coal Company. Chap. 148

Be it enacted, Sfc, as folloics :

Section 1. Samuel Nicolson, Joseph West, Charles E. corporators.
Miller, William Parkman and Thomas P. Rich, their asso-
ciates and successors, are hereby made a corporation by the N:inic.
name of the Massachusetts Peat Coal Company, for the pur- Purpose.
pose of draining and improving peat lands and converting
peat into a state more or less solid, and vending the same ;
and also for the making or purchasing, working and dispos-
ing of such discoveries, apparatus and processes as may be
necessary or convenient therefor ; with all the privileges and Privilege!!, re-
powers, and subject to all the duties, restrictions and liabili- ^ ™ "'"^'
ties, as set forth in the forty-fourth chapter of the Revised
Statutes.

Section 2. Said corporation may, for the purpose afore- tatJ, """''^ ''''^' ^^'.

502 1857.— Chapters 149, 150, 151, 152.

said, hold real estate, not exceeding in value fifty thousand
Capital stock. dollais ; and the whole capital stock thereof shall not exceed

one hundred and fifty thousand dollars.
No shares at less SECTION 3. No sliarcs in tliB Capital stock of said corpora-
"" ^'^'' tion shall be issued for a less amount, to be paid in on each,

than the par value of the shares first issued.

Section 4. This act shall take effect from and after its
passage. [^Approved May 14, 1857.]

Chap. 149 -^^ ■^^'^ concerning Petitions for Partition.

Be it enacted^ SfC.^ as follows :
Petitioner to re- Whcnevcr any petition for partition of real estate, is
evlr^&c*'''''''^''' opposed by any respondent therein named, and it shall appear
that the petitioner is entitled to have partition as prayed for,
the petitioner shall recover against the party so opposing, his
costs from and after the filing of the answer or plea, to be
taxed as in other civil cases. [Approved May 14, 1857.]

Chan 150 -^-^ct to repeal " An Act to provide for the Inspection of Foreign Sumac."

Be it enacted, t^c, as follows :
Act for Inspection Chapter thrcc hundred and one of the acts of the year one
pLied""'''" '"^ thousand eight hundred and fifty-one, entitled, " An Act to

provide for the Inspection of Foreign Sumac," is hereby

repealed. [^Approved May 14, 1857.]

Chan 151 "^ '^^^ *° repeal " An Act to incorporate Towns and Cities into Mutual
-» ' Fire Insurance Companies, at their election."

Be it enacted, Sfc, as follows :

Act incorporat- Tlic four liundrcd and thirty-seventh chapter of the acts

5nto*Tsur(^ee' ^ud rcsolvcs passcd May twenty-first, eighteen hundred and

pSed"'*'* "''" fifty-five, entitled " An Act to incorporate towns and cities

into Mutual Fire Insurance Companies, at their election," is

hereby repealed. \_Approved May 14, 1857.]

Chan 152 ^^ "^^^ ^° increase the Capital Stock of the Haverhill Bank.

Be it enacted, SfC, as follows :

Increase of capi- SECTION 1. Tlic president, directors and company of the
Haverhill Bank, in Haverhill, are hereby authorized to
increase their present capital stock, by an addition thereto
of fifty thousand dollars, in shares of one hundred dollars
each, which shall be paid in such installments as the presi-
dent and directors may determine : provided, that the whole
amount shall be paid in before the first day of May, in the
year one thousand eight hundred and fifty-eight.

be hTwritTng."' ** Section 2. If any of the stockholders of said bank remon-

1857.— Chapters 153, 154. 503

strate against the acceptance of the additional capital, herein
provided, their 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
sliall not be entitled to the benefit of this act.

Section 3. The additional capital aforesaid when paid Taxntion of new
into said bank, shall be subject to the same tax, regulations, ^'°'''^'
restrictions and provisions, to which the present capital stock
of said bank is now subject.

Section 4. Before said corporation shall proceed to do certificate to be
business on said additional capital, a certificate, signed by secretary's office*"
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 office of the secretary of the
Commonwealth.

Section 5. This act shall take effect from and after its
passage. \^Approved May 14, 1857.]

An Act to authorize the Overseers of the Poor to remove Destitute Chap. 153
and Neglected Children to Almshouses.

Be it enacted^ Sfc, as follows:

Section 1. The overseers of the poor in any city or overseers of poor
town in the Commonwealth, are hereby authorized to re- dreu^o"dSo'iute
move to the almshouses of their several cities or towns, such ^j^shousf °' *°
children as may be suffering destitution from extreme neglect
of dissolute or intemperate parents or guardians.

Section 2. This act shall take effect from and after its
passage. \^Approved May 14, 1857.]

A:s Act to incorporate the Evangelical Baptist Benevolent and Ms- Chap. 154
sionary Society. ■'■'

Be it enacted^ 8fc., as follows :

Section 1. James W. Converse, Frederick Gould, Thomas corporators.
Richardson, J. Warren Merrill and George "W. Chipman,
their associates and successors, are hereby made a corpora-
tion, by the name of the Evangelical Baptist Benevolent Name.
and Missionary Society, to be located in the city of Boston,
for the purpose of securing the constant maintenance in said
Boston, of evangelical preaching for the young and the
destitute, with free seats ; for the employment of colporteur Purposes.
and missionary laborers in Boston, and elsewhere ; for the
purpose of providing suitable central apartments to other
and kindred benevolent and missionary societies, and for the
general purpose of ministering to the spiritual wants of the ,^.^.|
needy and destitute ; with all the powers and privileges, and strictS.'&c^

504 1857.— Chapters 155, 156.

subject to all the duties, liabilities and restrictions, set forth
in the forty-fourth chapter of the Revised Statutes,
to^'amounf'of SECTION 2. Said corporation may hold real and personal
«350,ooo. estate to the amount of three hundred and fifty thousand

dollars, which property and the net income thereof, after
the same has been paid for, shall be appropriated exclusively
for the purposes in this act specified, and the same shall be
exempted from taxation.

Section 3. This act shall take effect from and after its
passage. [Approved May 14, 1857.]

Chap. 155 ^^ Act to increase the Capital Stock of the Union Bank, in Haverhill.
Be it enacted, S^c., as folloivs :

teriuThorized''^''' Section 1. The president, directors and company of the
Union Bank, in Haverhill, are hereby authorized to increase
their present capital stock, by an addition thereto of fifty
thousand dollars, in shares of one hundred dollars each ;
which shall be paid in such installments as the president
and directors may determine : pi'ovided, that the whole
amount shall be paid in before the first day of May, in the
year one thousand eight hundred and fifty-eight.

Remonstrance to SECTION 2. If any of the stockho'ldcrs of said bank

be in writing. . ,•' n -i -i t • i • ^

remonstrate agamst the acceptance oi the additional capital
herein provided, their remonstrance shall be made in writ-
ing, 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 corpora-
tion, it shall not be entitled to the benefit of this act.
Taxation of new SECTION 3. The additional capital aforesaid, when paid
into said bank, shall be subject to the same tax, regulations,
restrictions and provisions, to which the present capital stock
of said bank is now subject,
certj^cate to be Section 4. Bcforc Said corporation shall proceed to do
retary's office, buslucss Oil Said additional capital, a certificate, signed by
the president and directors, and attested by the cashier,
under oath, that the same has been actually paid into said
bank, shall be returned into the office of the secretary of the
Commonwealth.

Section 5. This act shall take effect from and after its
passage. [Approved May 14, 1857.]

Chap. 156 ''^ '^^^ *° prevent the ^Fraudulent Sale of Personal Property, leased or

hired.
Be it enacted, t^c, as folloivs :

fefs'ee^^'' misde- ^^ ^"^ \\\vQv Qv Icssce of pcrsoual property shall sell or
meanor. ^ couvcy Said property, or any part thereof, without the written

1857. -Chapters 157, 158. 505

consent of the owner or lessor, as the case may be, and
without informing the person to whom the same may be sokl
or conveyed, that said property is so hired or leased, he shall
be held guilty of a misdemeanor, and shall be punishable by Penalty.
a fine not exceeding one hundred dollars, or by imprisonment
in the county jail or house of correction, for a term not
exceeding one year. [Approved May 14, 1857.]

An Act concerning the Jurisdiction of Police Courts. Chap. 157

Be it enacted, Sfc, as follows :

Section 1. The several police courts of this Common- PoHce courts to
wealth shall have concurrent jurisdiction with the court of ]{frisdic°tro^n Tuh
common pleas and the municipal court of the city of Boston, ^hat ca^fs"''""'"
of all larcenies, where the money or other property stolen
shall not be alleged to exceed the value of fifty dollars, and
may punish such larcenies by imprisonment' in the county
jail or house of correction, not exceeding two years, or by
fine not exceeding one hundred dollars.

Section 2. Said police courts may, in their discretion, May decline to
decline to take final jurisdiction in any of the cases referred ment^"^^^"'^^
to in this act, and may send the same, as now, to the court of
common pleas or municipal court, for examination and trial.
And any person convicted before any police court, under the Appeal.
provisions of this act, may appeal as in other cases.

Section .3. The four hundred and forty-eighth chapter of cuap. 44.8 of acts
the acts of eighteen hundred and fifty- five, is hereby repealed. ° ^o-repea

Section 4. This act shall take effect from and after its
passage. [^Approved May 14, 1857.]

Ax Act to incorporate the Bcston and Xew York Steamship Company. QJicin^ 158
Be it enacted, SfC, as foUoivs :

Section 1. James Read, Charles H. Mills, Andrew T. corporators.
Hall, their associates and successors, are hereby made a cor-
poration by the name of the Boston and New York Steam- Name.
ship Company, for the purpose of navigating the ocean by
steam ; 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.

Section 2. The said Company arc hereby authorized to May buiia, buy,

i-i, , 1111 i 1- hold and convey

build, purchase, hold and convey, one or more steamships, steam.ship3, &c.,
and may therewith navigate the ocean, between Boston and ^"'i'"""*'^^
other ports in the United States, except Philadelphia ; and
may enter into such contracts with other persons, as they
may deem expedient, to run steamships between any otlier
port or ports whatsoever.

same.

506 1857.— Chapter 159.

May hold estate SECTION 3. The Said compaiiy may hold real estate not

*70o,'ooo!'* " exceeding in value, two hundred thousand dollars, and per-
sonal property to an amount not exceeding five hundred
thousand dollars.

Shares. SECTION 4. The number of shares into which the capital

stock of said company shall be divided, and the amount of

Assessments. cacli sharc, sliall 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 necessary to
accomplish the objects of said company ; but no share shall
be assessed for a greater sum or sums in the whole, than tlie
amount of such shares so determined and fixed as aforesaid.

To continue thir- SECTION 5. Tlic Said corporatiou shall continue for the

yjears. tcriu of thirty years; but if the said corporation shall not,

within two years from the passing of this act, have been

Shall organize Organized and have laid an assessment or assessments to the

and assess within , n , , ,i -j^iii iiii

two years, and amouut 01 tcii pcr cciit. upoii tuc Capital stock, and shall
two'lhtps'^ within 110^1 within three , years from the passage of this act, have
three years. built and cquippcd at Icast 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.
No shares issued SECTION 6. No sliarcs ill tlic Capital stock of Said corpo-
un er par. ratioii sliall bc Issucd for a less sum in amount, than the par

value of the shares first issued.

Section 7. This act shall take effect from and after its

passage. \_Approved May 14, 1857.]

Chap. 159 ^^ -^CT establisliing Terms of the Probate Court for the County of
^ Bristol.

Be it enacted, SfC., as follows :
Times and places SECTION 1. Thcrc sliall bc a probatc court held every
bate court. ycar in and for the county of Bristol, at the times and places
as follows, to wit: At Taunton, on the first Tuesday of
January, on the firstTuesday of March, on the first Tuesday
of Jime, and on the first Friday after the first Tuesday
of November ; at New Bedford, on the first Tuesday of
February, on the first Friday after the first Tuesday of
May, on the last Tuesday of August, and on the first
Tuesday of December ; at Fawtucket, on the first Tuesday
of April ; at Fall River, on the first Friday after the first
Tuesday of April, on the first Friday after the first Tuesday
of July, and on the first Tuesday of October ; at Attlebor-
ough, on the first Tuesday of May ; at Norton, on the first
Tuesday of July ; at Seekonk, on the first Tuesday of Sep-
tember ; and at Rehoboth, on the first Friday after the first
Tuesday of September.

Chapters 160, 161. 507

When to take

Section 2. This act shall take effect on the first day of
August next. All suits, processes and proceedings which suits, processes
shall then have been commenced in the probate court for toha''ve°a!iy'rnd
said county, shall have day and be heard and determined in ''« '"^"^- ^'=-
said probate court, at the times and terms above established,
as fully and efl^ctually as the same might have been done in
said court, if this act had not been passed ; and orders of
notice, issued prior to said first day of August, may be made
returnable to and have day in court at the terms aljove
established.

SectiOxX 3. So much of the fifty-fifth section of the eighty- Acts and parts of

.I'll ,.i-r-..Tn 1 iij. "•^'^ repealed.

third chapter of the Revised Statutes, as relates to the terms
of the probate court for the county of Bristol, and all acts
and parts of acts, inconsistent with the provisions of this act,
are hereby repealed. [Approved May 14, 1857.]

An Act concerning -wilful and malicious injuries to Dams and Reservoirs. Chap. 160
Be it enacted, t^r., as folloirs :

Every person who shall wilfully or wantonly, without ^yilful obstmc-
colon of right, obstruct the water of any mill-pond, reservoir, how punishable!
canal or trench, from flowing out of the same, shall be pun-
ished by imprisonment in the State prison, not more than five
years, or by fine not exceeding five hundred dollars, and
imprisonment in the county jail, not more than two years.
[Approved Map 15, 1857.]

Ax Act authorizing Perry G. Macomber to plant Oysters in Pocasset. Chap, 161
Be it enacted, ^-c, as folloivs :

Section 1. Perry G. Macomber, of New Bedford, in the ji''y^''s"er3'"iQ
county of Bristol, his heirs and assigns, are hereby author- Poeasset.
ized to plant and dig oysters in the waters and flats in
Pocasset, in the town of Sandwich, in the county of Barn-
stable, in front and westerly of said Macomber's land, within
the following described limits, to wit: beginning in tlie
middle or channel of Red Brook, so called, in said Pocasset,
on the north line of his land ; thence southerly in the thread
of the stream, to its outlet ; thence in a south-westerly di-
rection, three hundred and twenty feet, or thereabouts, to
a stake in the channel, and thence in a direction south-east
by east, one hundred and fifty-five feet, to the south-west
corner of said Macomber's wharf, embracing all the waters
between said limits and high-water mark, on his said land.

Section 2. Said Perry U. Macomber, his heirs and as- to have exclusive

ii3ti for <iU VGixrs.

signs, shall have exclusive use of said waters and flats,
within tlic bounds aforesaid, for the purpose of planting and

508 1857.— Chapter 162.

Hcfuse^ ^fn^u^ digging oystcrs, for the term of twenty years ; and if any

for. ' person shall, within said limits, dig or take any oysters

during said term, without license from said Macomber, his

heirs or assigns, he shall forfeit and pay a fine not exceeding

twenty dollars, to be recovered to the use of said Macomber,

-his heirs or assigns, in any court proper to try the same.

Section 3. This act shall take effect from and after its
passage. [Approved May 15, 1857.]

Chap. 162 An Act concerning the Dorchester and Milton Branch Railroad Company.

Be it enacted, SfC., as folloivs :
^hf^ter and jiii- SECTION 1. The rights, powers and privileges acquired by
ton Extension R. tlic Dorchcstcr aud Milton Extension Railroad Company, by
Dorcheste'r ''and virtuc of tlic provislous of an act establishing said last named
r-'r^co^"^^""'' company, passed in the year eighteen hundred and fifty-four,
are hereby vested in the Dorchester and Milton Branch Rail-
road Company.
Sn°extended°' SECTION 2. Thc timc, within which said Dorchester and
Milton Branch Railroad Company is required to file the
Time for compie- locatlou of Said extcnsiou, is extended for one year, and the
time within which said company may complete said road, for
two years from and after the passage of this act ; and sub-
scription of additional capital shall not be required for said
purpose.
^rYondJfor°°*^' SECTION 3. Said Dorchester and Milton Branch Railroad
$50,000. Company are authorized, provided, that three-fourths of the

stockholders, in number and value, shall consent thereto, to
make, execute, and give notes or bonds to an amount, the
principal of which shall not exceed fifty thousand dollars,
Old Colony and and thc Old Colony and Fall River Railroad Company is

Fall River Rail- , , ,, • i / . • i • ^ ->

road Co. may hcrcby authorizcd to guarantee, indorse, or m some way

orbon"ds!"'°'*'' become responsible for the payment of the principal and

interest of said notes or bonds, or of any part thereof.

Notes and bonds, Said uotcs Or bouds may be made and executed in such form

now executed. -, .,."', i, ^ ii

and manner, issued in such sums, and be made payable,
principal and interest, at such times as said Dorchester and
Milton Branch Railroad Company shall determine.
Company may SECTION 4. Said Dorchcstcr and Milton Branch Railroad

mortgage road as . ,.i i- -\ i- -y • i

security. Coiupaiiy IS authorizcd to convey their road, iranchise and

property of every kind, to said Old Colony and Fall River
Railroad Company, in mortgage, in order to secure said last
named company against all loss, costs, damage and expense,
which may arise or happen to it by reason of its guarantee-
ing, indorsing, or otherwise becoming responsible for the
payment of the principal and interest of said notes or bonds,
pursuant to this act ; and said Dorchester and Milton Branch

1857.— Chapters 163, 164. 509

Railroad Company is also authorized to make and execute
any other mortgage to trustees or otherwise, for the payment
or securing of its debts and liabilities ; but nothing in this Rights of credi-
act contained shall be so construed as to prejudice or impair bT^Lpaired"' *°
the existing rights of creditors or other persons having inter-
ests in said Branch Railroad Company.

Section 5. The stockholders in said company, shall, stockholders may
within such time as may be determined by the vote of said stock"" *^ ""^"^"^
company, at a legal meeting, be entitled to subscribe for
such stock as may be created under the provisions of the
two hundred and eighty-third chapter of the acts of the
year eighteen hundred and fifty-one, entitled, " An Act con-
cerning the Dorchester and Milton Branch Railroad Com-
pany," and in proportion to the number of shares held hy
them ; and for each share subscribed and paid for under the
provisions of said last mentioned act, each shareholder shall
be entitled to receive an additional share in the present stock
of said company ; and stockholders may transfer their rights
to subscribe for stock so created as aforesaid: provided, hoiv- p^oyhc.
ever, tliat the provisions of this section shall not take effect
unless the same shall be accepted and adopted by a vote
representing two-thirds, at least, of all the shares in said
company.

Section 6. This act may be altered, amended or repealed. Right to alter,
at the pleasure of the legislature. [Approved May 15, <=•' '■'=^•^'■^^'^•
1857.]

An Act in addition to an Act relating to Mill and Reservoir Dams. Chc()). 163
Be it enacted, Sfc., as follows :

The supreme iudicial court shall have iurisdiction in owuersofdams

., ^ 1 J.1 x« I ^ may be compell-

equity, and may compel the owner or owners oi any dam to edtomauesuch
make such alterations, additions and repairs, as the county countycommiv
commissioners of any county, acting in accordance with the ^j^^n^s suaii di-
provisions of chapter three hundred and twenty-seven of the
acts of the year one thousand eight hundred and fifty-four,
shall order to be done, and may make all judgments and
decrees necessary to carry into effect the orders of said com-
missioners. [Approved 31a/j 15, 1857.]

An Act determining the Boundary Line between South Scituate and nj.^^^ 1 a i

Hanover. ^tiap. iOi

Be it enacted, Sfc, as folloivs :

Section 1. The dividing line between South Scituate une K-tween
and Hanover, determined by the commissioners appointed and"" Hanover
by his excellency the governor, under the resolves passed established.
on the thirty-first day of May, in the year eighteen hundred

. 510

1857. — Chapter 165.

Description of
territory set off
and annexeJ.

and fifty-six, entitled, " Resolves in relation to Town Lines
between the Towns of South Scituate and Hanover," and
reported by the said commissioners to this legislature, is
declared to be, and the same shall constitute the dividing
line between said towns of South Scituate and Hanover.

Section 2. This act shall take effect on and after its
passage. [^Approved May 15, 1857.]

Chcip. 165 An Act to set oiFa part of the Town of Groton, and annex the same to

the Town of Pepperell.

Be it enacted, Sj'C, as folloivs :

Section 1. All that part of the town of Groton, in the
county of Middlesex, with the inhabitants thereon, lying
nortli of the following described line, is hereby set off from
the town of Groton, and annexed to the town of Pepperell, to
wit : Beginning at the boundary between said town of Groton
and the town of Dunstable, at a stone monument in the wall
on land of Elbridge Chapman and land of Joseph Sanderson,
and running south, eightj'-six degrees west, about six hun-
dred and sixty rods, to a stone monument at the corner of
land called the " Job Shattuck Farm," and land of James
Hobart, near the Nashua River and Worcester and Nashua
Railroad ; thence in same line to the centre of Nashua River
and the boundary of said town of Pepperell : provided, how-
ever, that for the purpose of electing a representative to the
general court, the said territory shall continue to be a part
of the town of Groton, until a new apportionment for rep-
resentatives is made ; and the inhabitants resident therein
shall be entitled to vote in the choice of such representatives,
and shall be eligible to the office of representative in the
town of Groton, in the same manner as if this act had not
been passed.

Section 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 Groton, 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 Pep-
perell shall annually pay over to the said town of Groton, the
})roportion of any state or county tax which the said town of
Groton may have to pay upon the inhabitants or estates
hereby set off" ; and the town" of Groton shall pay over to the
treasurer of the town of Pepperell, on or before the first day
of January, eighteen hundred fifty-eight, the net proceeds
of all taxes assessed for town purposes, for the year eighteen
hundred fifty-seven, upon the inhabitants and estates hereby
set off from the town of Groton, to the town of Pepperell.

Proviso.

1857.— Chapter 166. 511

Section 3. The town of Pepperell shall be liable for the support of pau-
support of all persons who may, after the passage of this act,
stand in need of relief as panpers, whose settlement was
tiaiiied by, or derived from, a residence wdthin the limits of
the territory hereby annexed to said town.

Section 4. This act shall take effect on and after its
passage. [^Approved May 18, 1857. J

An Act to incorporate the North American Depot and Wharf Company. Chaj). 166
Be it enacted, t^*c., as follows :

Section 1. Samnel S. Lewis, John Howe, Elijah D. Brig- corporator.
ham and George W. Gordon, their associates and successors,
are hereby made a corporation by the name of the North ^ame.
American Depot and Wharf Company ; with all the powers l^^y^l^^^^- f^^'
and privileges, and subject to all the duties, liabilities and
restrictions, set forth in the forty-fourth chapter of the Revised
Statutes, and in that part of the thirty-ninth chapter thereof,
relating to railroad corporations.

Section 2. Said corporation is hereby authorized to pur- l^-^y , . v^r:c}^<i

_, -^. -r,-i 1TT-V /"( franchises of the

chase oi the Grand Junction Kailroad and Depot Company, Grand junction
all its estate, real and personal, and all its franchises, or any
portion of such property and franchises, at such price and
on such terms, as may be agreed upon by the directors of
said companies : provided, the same are approved by a Proviso.
majority of the stockholders in said companies, in numbers
and amount, voting thereon, at meetings of said companies
legally called for that purpose. And the company hereby
created, may hold, improve, maintain and manage the prop-
erty and franchises so purchased. And said Grand Junction Grand junction
Railroad and Depot Company are hereby empowered, after ered'toseii?^"'^'
the passage of the votes aforesaid, to transfer to the com-
pany hereby created, all their property and franchises, and
any part thereof ; and all such franchises, property, rights
and powers, shall vest in the company hereby created.

Section 3. The capital stock of the company hereby oapitai stock.
created, shall not exceed two millions of dollars, and shall shares.
be divided into equal shares of one hundred dollars each,
and no share shall be issued for a less sum, actually paid in, no shares to be
than the par value of the shares first issued. '''''^^ underpar.

Section 4. Tlie company hereby created shall, upon pur- ^''"p^"^,^ for au
chasing the property and franchises of the Grand Junction claims' for dam-
Railroad and Depot Company, or any part thereof, become 'orand'^junction
responsible for the payment of all claims against the said ^- ^- ^°-
last named corporation for damage occasioned by laying out,
constructing, and maintaining their railroad, or any part

512 1857.— Chapter 167.

thereof for which they are liable ; and shall also become
responsible for all sums of moiiey and costs for which any
corporation may hei'eafter obtain any award or judgment
against said Grand Junction Railroad and Depot Company,
or their successors or assigns, for any part of the expenses
incurred, or to be incurred, in constructing a bridge and
connection, and other works to obviate a crossing at grade,
at and near the intersection of the Boston and Lowell Rail-
road with the Fitchburg and Grand Junction Railroads, in

Claims, how en- Somcrville. Such claims may be enforced by serving war-
rants of distress upon any property of the company hereby

Rights of claim- crcatcd, or by action of contract against said company. And

ants not to be "^ ;• i • i • p it

impaired. uo pcrsou or Corporation havmg a clami lor such damages,

expenses, awards, judgments, or either of them, shall, by

reason of said purchase, lose any remedy in law or equity

which he now has for the enforcement of such claim, or of

the adjudications, if any there be, by tlie proper authorities,

touching crossings or culverts ; and such remedies shall exist

Claims may be agaiust the compan}^hereby created. And any person having

st'o^c'k^'lfnahow'r' a,ny valid claim against the Grand Junction Railroad and

Depot Company, may exchange such claim for stock in the

company hereby created, at the rate of one share of stock

for each hundred dollars of such claim ; and it shall be the

duty of the president and treasurer of the company hereby

created, to issue certificates of stock on notice and proof of

such claims ; and in case of their refusal to do so, they may

be compelled to issue such certificates by either of the

justices of the supreme judicial court, acting on petition of

the party aggrieved.

^ompanier''maJ SECTION 5. Any railroad company incorporated by this

establish depots Statc Or othcrwisc, may, with the consent of the company

stock, &e" ^ °' hereby created, establish depots on its premises, and hold the

same in fee simple or otherwise ; and may subscribe for, take,

hold and dispose of any number of shares in the company

Proviso. hereby created : provided, that no company shall invest more

than five per cent, of its capital in the stock of this company.

Section 6. This act shall take effect from and after its

passage. ^Approved May 18, 1857.]

Chap. 167 ^^ ^CT to increase the Capitcal Stock of the Mechanics' Bank, in New

Bedford.
Be it enacted, Sfc., as folloivs :
Increase of capi- SECTION 1. Tlic president, dlrcctors and company of the

tal authorized. -»•- i •»'r)i--»-r -r^ -, ^ ■. , , '■ •'

Mechanics Bank, m New Bedford, are hereby authorized to
increase their present capital stock, by an addition thereto of
two hundred thousand dollars, in shares of one hundred dol-

1857.— Chapter 168. 513

lars each, which shall be paid in such installments as the pres-
ident and directors of said bank may determine : provided^ Proviso.
that the whole amount shall be paid in before the first day of
May, in the year one thousand eight hundred and fifty-eight.

Section 2. If any of the stockholders of said bank Remonstrance to
remonstrate against the acceptance of the additional capital "^ "^ ^"''"s
herein provided, their 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.

Section 3. The additional capital stock aforesaid, when Taxation of capi-
paid into said bank, shall be subject to the like tax, regula-
tions, restrictions and provisions, to which the present capital
stock of said bank is now subject.

Section 4. Before said corporation shall proceed to do certificate to be
business on said additional capital, a certificate, signed by the re t^ry'! office. ^^'^"
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 office of the secretary of the Com-
monwealth.

Section 5. This act shall take effect from and after its
passage. \_Approved May 18, 1857.]

Ax Act concerning Railroad Returns. Chap. 168

Be it enacted, Sfc., as follows :

Section 1. The annual report now by law required to be information re-
made by the directors of the several railroad corporations of shares issued.
this Commonwealth, shall hereafter contain full informa-
tion upon the several items hereinafter enumerated, viz. :
the number of shares of capital stock issued ; the maximum Debt?.
amount of debts during the year, instead of the maximum
amount of debts for each month during the year, as liereto-
fore ; the amount expended during the year for renewals of co.st of renewal
iron, including laying down ; the cost of new iron laid down |J„°"'
during the year, deducting the value of old rail taken up;
the number of cords of wood used by engines during the wood and coai.
year, and the cost of the same ; the number of tons of coal
used by engines during the year, reckoning two thousand
two hundred and forty pounds to the ton, and the cost of
the same ; total amount of interest paid during the year. interest.

Section 2. The provisions of the one hundred and ninety- inconsLstent prc-
first chapter of the acts of the year eighteen hundred and '"-"°"' "'""^'"^
forty-nine, which are inconsistent herewith, are hereby re-
pealed. [Approved May 18, 1857.]

514 1857.— Chapters 169, 170, 171.

Chap. 169 ^^ ^^"^ to confirm an Indenture concerning the Back Bay.

Be it enacted, t^-c., as follows :

\v'^cu*X Com ^^^^ indenture of three parts made and executed on the
monweaith, the eleventh day of December, in the year eighteen hundred and
Poww^ Co" "^and fifty-six, by aud between tlie Commonwealth of Massachu-
ton confimed?^ sctts, actiug by its committcc appointed under and in pur-
suance of the " Resolves in relation to Lands in the Back
Bay," approved May thirtieth, in the year eighteen hun-
dred and fifty-six, of the first part ; the Boston Water-
Power Company, of the second part ; and the city of Boston,
of the third part, is hereby confirmed and established :
Proviso. provided, this act shall not prejudice the legal rights of the

city of Boxbury, or of the town of AVest Roxbury. {^Ap-
proved May 18, 1857.]

Chew. 170 ^^ Act to incorporate the India Fire and Marine Insurance Company.
Be it enacted, Sfc, as follows :

Corporators. SECTION 1. Augustus Pcrry, Francis Curtis, Jacob C.

Rogers, their associates and successors, are hereby made a
corporation for the term of twenty years from the passage of

Name. tliis act, by the name of the India Fire and Marine Insurance

purrose. Company, to be established in the city of Boston, for the

purpose of making insurance against losses by fire and mar-

Priviieges, re- Itimc losscs ; witli all the powers and privileges, and suliject

strictions, &c. ^^ ^^X the dutics, liabilities and restrictions, set forth in the
forty-fourth chapter of the Revised Statutes, and all other
general laws in force relative to insurance companies.

Capital. Section 2. The said corporation shall have a capital of

siiares. two hundred thousand dollars, divided into shares of one

hundred dollars each, with liberty to pay in and increase the
same to an amount not exceeding three hundred thousand

May hold real doUars, and may hold real estate for its own use, not exceed-

estate. j^jg jj-^ valuc thirty thousand dollars.

Section 3. This act shall take effect from and after its
passage. {^Ajjproved May 18, 1857.]

Chap. 171 An Act concerning Returns of Elections.

Be it enacted, ^x., as follows :
Votes, how sort- Section 1. Li all elcctious hereafter to be held in this

ed, counted aud ^ i.i n . , on ,

declared. Uommouwealth, lor national, state, or county officers, the

votes shall be sorted and counted by the selectmen of the
towns, and by the wardens and ward clerks of the cities, in
open town and ward meetings, and public declaration made

now recorded, tficrcof at such mccthigs. The names of all persons voted
for, the number of votes received by each person, and the

1857.— Chapter 172. ol5

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 forthwith deliver to the city clerk certified
copies of such records, who shall forthwith enter the same
in the city records. The said town and city clerks shall, now lotumea.
within ten days from the day of said elections, transmit cop-
ies of the records so made, by them attested, and certified
by the selectmen of the several towns, and by the mayor
and aldermen of the several cities, sealed up, to the secre-
tary of the Commonwealth, or to such other officer as is now
required by law to receive the same.

Section 2. The said town and city clerks may, within copies may be

1 1 r> T -I f>ii- Ti-ii delivered to the

three days next alter the day oi such elections, dehver tlie sherier, &c.
said copies, sealed up, to the sheriff of the county in which
such elections shall be held ; and in that case the sheriff
shall, within seven days next after receiving the same, trans-
mit the same to the office of the secretary of the Common-
wealth, or to such other officer as is now required by law to
receive the same.

Section 3. All acts or parts of acts, inconsistent here- ineonFistcnt acts
with, are hereby repealed. l^Appi'oved May 18, 1857.] r^p'^^" •

An Act to increase the Capital Stock of the Hopkinton Bank. Chap. 172

Be it enacted, SfC, as folloivs :

Section 1. The president, directors and company of the increase of capi-
Hopkinton Bank, are hereby authorized to increase their *'^' ^uthomed.
present capital stock, by an addition thereto of fifty thousand
dollars, in shares of one hundred dollars each, which shall
be paid in such installments as the president and directors
shall determine : provided, that the whole amount shall be Proviso.
paid in before the first day of May, in the year one thousand
eight hundred and fifty-eight.

Section 2. If any of the stockholders of said bank Kemonptrance to
remonstrate against the acceptance of the additional capital '^•''"^^"""s-
herein provided, their 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.

Section 3. The additional stock aforesaid, when paid Taxation of capi-
into said bank, shall be subject to the like tax, regulations,
restrictions and provisions, to which the presejit capital stock
of said bank is now subject.

Section 4. Before the aforesaid corporation shall proceed ^Jtu|!),^pj''to''Jc!
to do business on said additional capital, a certificate, signed retarj'somce.
16

516 1857.— Chapter 173.

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 the office of the secretary of this
Commonwealth.

Section 5. This act shall take effect from and after its
passage. \_Approved May 18, 1857.]

Chap. 173 An Act in addition to an Act entitled, " An Act for incorporating a cer-
tain part of the Town of Lee into a School District, by the name of
the Hopland School District."

Be it enacted.^ SfC.^ as follows :
.Contiguous Section 1. That any Hopland School District within the

may assoclate'to- town of Lcc, and any school district of said town contiguous
gether and form thcrcto, mav associato together, and form one district, for
the purpose of maintaining a union school therein, it the
inhabitants of each of said districts shall, at legal meetings
called for that purpose, agree to form such union by a vote
of two-thirds of the legal voters of each district, present and
voting therein.
Each union dis- SECTION 2. Evcry uuioii district thus formed, shall be a
corporatejowe/s! body corporatc, with the corporate powers of other school
&^<=- ' districts, may sue and be sued, and hold real and personal

estate, and shall be called by such name as said district, at
its first meeting, shall determine.
District meet- SECTION 3. The first meeting of such union district shall
ings, how called. ^^ called iu such manner, and at such time and place as
may be agreed upon by the associated districts respectively,
by a vote of the same, at the time of forming the union ;
and the union district may, from time to time thereafter,
prescribe the mode of calling and warning the meetings
thereof, in like manner as other school districts may do, and
may also determine at what time its annual meetings shall
be held.
May raise money, SECTION 4. Sucli uuiou district may, at any legal meet-
p^o'ses^and how!^ iug callcd for that purpose, raise money for erecting, pur-
chasing, renting, and repairing any building to be used as a
school-house, for the union school aforesaid, or purchasing or
renting land for the use and accommodation thereof; also,
for purchasing fuel, furniture, books or maps, and other
necessary articles for the use of said school ; and in assessing
and collecting a tax or taxes for the above purposes, the like
proceedings shall be had as are prescribed by law for other
Location of school scliool "districts. Such district shall have the power of deter-
te™?iied.°'^ '^''' mining the location of its school-house, and if it shall not
so determine, the same shall be referred to the selectmen of
the town, in the same manner as is provided in the case of

1857.— Chapter 173. 517

other districts. The district may choose any committee to
carry into effect the aforesaid provisions.

Section 5. Such union district, at the first meeting cierk, how chos-
thereof, shall choose, by ballot, a clerk, who shall be sworn «■!' <i""es, &c.
in the same manner, and shall perform the same duties as
are prescribed in relation to the clerks of other school dis-
tricts, and shall hold his office until another shall be chosen
and qualified in his stead.

Section 6. The school committee of the town in which Power of schooi-
such union district shall be formed, shall have the same '^''™™'
powers, and perform the same duties, in relation to such
union school, as are prescribed to them in the case of other
district schools.

Section 7. The inhabitants residing in any Hopland Assessments.
School District, after such union shall be formed, shall, in
their associate capacity, be assessed for their polls and
estates, in the same manner, and for the same purposes as
are the inhabitants of the school district of the town to
which it is united as aforesaid.

Section 8. Any Hopland School District, notwithstand- separate organi-

, . , . ., • i- TT 1 J zation may be re-

mg such union, may retain its organization as a Hopland tained.

District, and may, at its annual meeting, elect, by ballot,

a trustee, whose duty it shall be to collect and receive, from

the Hopland School District, its share of the income arising

from the Ho|)land Fund, or from any other property belong- Disposition of

ing to said Hopland School District, and to hold the same in stl^^'^ ° '

trust for said district, until said district shall dispose of the

same by vote, for the use of its inhabitants.

Section 9. Any union district, as aforesaid, shall have Prudential com-

.1 ., ij.'i -ix 1 1 mittee, howchos-

power to choose its prudential committee, unless such com- en.
mittee shall be appointed or chosen by the town.

Section 10. Whenever the town of Lee shall raise money ^."•^ ^°^ support

. 1 1 /» 1 .^01 schools, How

for the support of the district schools of said town, it shall if^ied, assessed,
have the right, and it shall be the duty of said town, to levy
a tax, and cause it to be assessed on the polls and estates of
the inhabitants, in any Hopland School District which sliall
have formed a union with a contiguous school district of the
town ; and such union district shall have its just proportion
of the school money of the town. All acts and parts of acts, conflicting pro-
contrary to the provisions of this act, are hereby repealed,
lApproved Blay 18, 1857.]

518 1857.— Chapters 174, 175.

Chap. 174 ^^ ^CT to increase the Capital Stock of the AVarren Bank.

Be it enacted, ^'C, as folhnns :
iccreaseof capi- SECTION 1. The president, directors and company of the
tai authorized. ^aiTcn Bank, in South Dan vers, are hereby aiithorized to
increase their capital stock, by an addition thereto of fifty
thousand dollars, in shares of one hundred dollars each,
whicli shall be paid in sucli installments as the president
Proviso. and directors may determine : provided, that the whole

amount shall be paid in before the first day of May, in the
year one thousand eight hundred and fifty-eight.
Remonstrance to SECTION 2. If any of the stockholdcrs of said bank re-
he in writing. j^^o^gtrate agalust 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.
Taxation of capi- SECTION 3. Thc additional capital aforesaid, when paid
into said bank, shall be subject to the same tax, regulations,
restrictions and provisions, to which the present capital stock
of said bank is now subject.
certiBcate to be SECTION 4. Bcforc sald corporatiou shall proceed to do
retarj's'^offlee.*^"' busincss 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 into the office of the secretary of the Com-
monwealth.

Section 5. This act shall take eflect from and after its
passage. \^Approved May 18, 1857.]

Chap. 175 An Act to increase the Capital Stock of the Cape Cod Bank, in Harwich.
Be it enacted, SfC, as follows :

Increase of capi- Section 1. Thc prcsideut, directors and company of the
Cape Cod Bank, in Harwich, are hereby authorized to
increase their present capital stock, by an addition thereto of
fifty thousand dollars, in shares of one hundred dollars each,
which shall be paid in such installments as the president and

ProviBo. directors may determine : provided, that the whole amount

shall be paid in before the first day of May, in the year one
thousand eight hundred and -fifty-eight.

Remonstrance to Section 2. If any of the stockholders of said bank

em wrung. pemonstratc against the acceptance of the additional capital

stock herein provided, their 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 repre-

1857.— Chapter 176. 519

sent one-fourth part of the present capital stock of said cor-
poration, it shall not be entitled to the benefit of this act.

Section 3. The additional capital stock aforesaid, when Taxation of capi-
paid into said bank, shall be subject to like tax, regulations,
restrictions and provisions, to which the present capital stock
of said bank is now subject.

Section 4. Before said corporation shall proceed to do certificate to be
business on said additional capital, a certificate, signed by retary'soffice^
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 office of the secretary of the
Commonwealth.

Section 5. This act shall take effect from and after its
passage. [Approved May 18, 1857.J

An Act to increase the Capital Stock of the Miller's River Bank, in Athol. Chan. 1 76
Be it enacted., S)'C., as follows :

Section 1. The president, directors and company of the increase of capi-
Miller's River Bank, are hereby authorized to increase their
present capital stock, by an addition thereto of fifty thousand
dollars, in shares of one hundred dollars each, which shall
be paid in such installments as the president and directors
may determine : provided, that the whole amount shall be I'loviso.
paid in before the first day of May, in the year one thousand
eight hundred and fifty-eight.

Section 2. If any of the stockholders of said bank re- Kemonstrance to
monstrate against the acceptance of the additional capital ®"^^"''°s--
herein provided, their remonstrance shall be made in writ-
ing, 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 corpora-
tion, it shall not be entitled to the benefit of this act.

Section 4. Before tlie aforesaid corporation shall proceed certificate to be
to do business on said additional capital, a certificate, signed re tary'a office.*^
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 the office of the secretary of the
Commonwealth.

Section 5. This act shall take efiect from and after its
passage. [^Approved May 18, 1857.]

520

1857.— Chapters 177, 178.

Increase of capl
tal authorized

Proviso.

Remonstrance to
be in writing.

ChajJ. 177 An Act to increase the Capital Stock of the Dedham Bank, Dedham.
Be it enacted, SfC, as follows :

Section 1. The president, directors and company of the
Dedham Bank, in Dedham, are hereby authorized to increase
their present capital stock, by an addition thereto of fifty
thousand dollars, in shares of one hundred dollars each,
which shall be paid in such installments as the president and
directors may determine : provided, that the whole amount
shall be paid in before the first day of May, in the year one
thousand eight hundred and fifty-eight.

Section 2. If any of the stockholders of said bank re-
monstrate against the acceptance of the additional capital
herein provided, their remonstrance shall be made in writ-
ing, 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 corpora-
tion, it shall not be entitled to the benefit of this act.

Section 3. The additional capital aforesaid, when paid
into said bank, shall Ibe subject to the same tax, regulations,
restrictions and provisions, to which the present capital stock
of said bank is now subject.

Section 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 office of the secretary of the
Commonwealth.

Section 5. This act shall take effect from and after its
passage. [^Approved May 18, 1857.]

Taxation of cajii
tal.

Certificate to be
returned to sec-
retary's ofiice.

ChapAl^

Trustees may
contract witli
corporations or
other parties to
use and operate
the premises.

An Act relating to Trustees under Railroad Mortgages.
Be it enacted, SfC, as follows :

Section 1. Whenever any railroad corporation, having
executed a mortgage of its property, rights and privileges,
or any part thereof, to trustees, for the benefit of its general
creditors, or of any particular class of creditors, has made
default, or shall make default in the performance of the
condition of the same, so that the trustees therein named,
or their successors, are or shall become entitled, by virtue
and legal effect of said mortgage, to the actual possession
and usufruct of the property, rights and privileges therein
conveyed in trust for the purposes specified in said mortgage,
it shall be lawful for the said trustees, instead of retaining
in their own hands the actual possession of the mortgaged
premises, and running the trains under their own direction

1857.— Chapter 178. 521

and on their own responsibility, to contract with the said
corporation, through its directors, or with any other compe-
tent party, to take and retain for said trustees the possession
and use of said mortgaged premises, and use and operate
the same on its own responsibility, under the direction of its
own officers, accounting with said trustees for all the earn-
ings and income thereof, and paying over the net income and
profits thereof, periodically, when and as far as the same
may, by the terms of the mortgage, be necessary for the
fulfillment of the conditions thereof: provided, that all lia- Proviso,
bilities incurred by said corporation or other party, in operat-
ing said road under such contract, shall be held as claims
against and paid out of the income thereof, in the same man-
ner and to the same extent as if said property had remained
in the actual possession of the trustees, and had been ope-
rated by them ; and provided, also, that at a meeting of the Acuitionai pro-
bondholders or creditors under said mortgage, duly notified ^'*°'
in two or more daily newspapers, published in the city of
Boston, and in one newspaper, at least, in each county through
which said road is located, ten days before said meeting, a
majority, in amount, of those present or represented, shall
vote in favor of such contract ; each bondholder or creditor
under such mortgage, casting one vote, personally or by
proxy, for every hundred dollars held by him.

Section 2. It shall be the duty of trustees in possession Trustees to caii
of any railroad under a mortgage, to call a meeting of the ofbondhowersf
bondholders or creditors, for the security of whose claims ^°'
they hold such property in trust, at some convenient place on
or near the line of such road, in the month of December in
each year, by giving notice of such meeting at least ten days
previous thereto, in two or more daily papers published in
the city of Boston, and in at least one paper published in
each county through whicli the said road is located ; and at
such meeting the said trustees shall submit a report of their
business and proceedings, according to the usual custom of
railroad directors to the stockholders. It shall be the further tq transmit re-

d, /..!.. • • n Ml turns to secre-

uty 01 said trustees, in possession oi any ranroad on or tary nfcommon-

before the thirty-first day of December, to transmit to the ^•'''*^^-
secretary of the Commonwealth, full and complete returns
of their acts and doings, receipts and expenditures, agreea-
bly to the several statutes regulating such returns by railroad
companies, and subject to all the forfeitures and penalties
expressed in said statutes as applicable to railroad companies.

Section 3. If said trustees shall omit to call said meet- if trustees omit

. . ,. 1 • ii • ,1 1 .to call meeting

mg, at the time and in tlie manner m the second section bondholders may
mentioned, then it shall be lawful for any five or more bond- '^°"

522

1857.— Chapter 179.

Trustees, how
elected.

Election, how
confirmed.

holders or creditors holding claims under said mortgage, not
less in the aggregate amount than ten thousand dollars, to
call such meeting, to be held in the month of January,
following such omission, by giving notice thereof in the
manner prescribed in the second section.

Section 4. At such annual meeting, called in the man-
ner prescribed either in the second section or in the third
section, the bondholders or creditors under such mortgage
may proceed to elect three trustees under said mortgage, for
the year ensuing, and until others are chosen and qualified,
each bondholder or creditor casting personally or by proxy
one vote for each one hundred dollars owing to him and
secured by said mortgage : and the proceedings of said
meeting may, in a summary manner, be presented by the
trustees so elected, or either of them, or by any creditor
under said mortgage, to any one of the justices of the
supreme judicial court, either in court or at chambers, — the
person or persons so presenting said proceedings, giving notice
thereof, and of his or their intention to move for their
affirmation, to the former trustees under said mortgage, and
also to the trustees of any subsequent or prior mortgage on
said road, and also to the corporation giving said mortgage,
seven days at least before the hearing thereon, such notice to
be served by any officer or by any indifferent person ; and
such justice of said court shall have power to hear the parties
summarily, and to ratify and confirm such election and make
such order and decree for the purpose of transferring tlie
property to such new trustees, as he may deem necessary and
just ; and such order and decree shall be filed in such clerk's
office of said court as said justice may direct.

Section 5. The supreme judicial court, and each of the
justices thereof, shall have full equity jurisdiction, according
to the usage and practice of courts of chancery, of all cases
arising under this act, and of all questions arising out of
railroad mortgages, and shall have power, in a summary
manner, to remove any trustee under any railroad mortgage,
whether such trustee be in possession of such railroad or
not, and to appoint a new trustee in his stead, whether such
trustee be elected by the bondholders or creditors, as in this
act provided, or not. [Approved May 18, 1857.]

Chaj). 179 Ax Act to increase the Capital Stock of the jSIount Wollaston Bank, in

Quincy.

Equity jurisdic-
tion conferred on
S. J. Court.

Increase of capi-
tal authorized.

Be it enacted, &c., as follows :

Section 1. The president, directors and company of the
Mount Wollaston Bank, in Quincy, are hereby authorized

1857.— Chapter 180. 523

to increase their present capital stock, by an addition thereto
of fifty thousand dollars, in shares of one hundred dollars
each, which shall be paid in such installments as the presi-
dent and directors may determine : provided, that the whole Proviso.
amount shall be paid in before tlie first day of May, in the
year one thousand eight hundred and fifty-eight.

Section 2. If any of the stockholders of said bank re- Remonstrance to
monstrate against the acceptance of the additional capital «'"'"'"°s-
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 rep-
resent one-fourth part of the present capital stock of said
corporation, it sliall not be entitled to the benefit of this act.

Section 3. The additional capital stock aforesaid, when Taxation of capi-
paid into said bank, shall \)Q sul^ject to the same tax, regula-
tions, restrictions and provisions, to which the pres.ent capital
stock of said bank is now subject.

Section 4. Before said corporation shall proceed to do certificate to be

b. -. IT,- 1 -ii J.- {1 J. • 11 returned to 3ecre-

usniess on said additional capital, a certificate, signed, by tary's office.

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 office of the secretary of

the Commonwealth.

Section 5. This act shall take effect from and after its

passage. \_Approved May 18, 1857.]

An Act to increase the Capital Stock of the Old Colony Bank, iu QJiQp 180

Plymouth. ^ '

Be it enacted, t^c, as folloivs :

Section 1. The president, directors and company of the increase of capi-
Old Colony Bank, in Plymouth, are hereby authorized to *^' ^•""^°'*^^'^-
increase their present capital stock, by an addition thereto of
one hundred thousand dollars, in shares of one hundred
dollars each, which shall be paid in such installments as
the president and directors may determine : provided, that provi.^o.
the whole amount sliall be paid in before the first day of
May, in the year one thousand eight hundred and fifty-eight.

Section 2. If any of the stockholders of said Ijank Remonstrance to
remonstrate against the acceptance of the additional ca})ital '"°^^" "•=•
stock 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.

Section 3. The additional capital stock aforesaid, when Taxation of capi-
paid into said bank, shall be subject to like tax, regulations,
17

524

1857.— Chapter 181,

Certificate to be
returned to sec-
retary's office.

luerease of capi
tal authorized.

restrictions and provisions, to wliich the present capital stock
of said bank is now sidyect.

Section 5. This act shall take effect from and after its
passage. [Approved May 18, 1857.]

Chap. 181 An Act to increase the Capital Stock of the Quincy Stone Bank, in

Quincy.

Be it enacted, Sfc., as follows :

Section 1. The president, directors and company of the
Quincy Stone Bank, in Quincy, are hereby authorized to
increase their present capital stock, by an addition thereto of
fifty thousand dollars, in shares of one hundred dollars each,
which shall be paid in such installments as the president
and directors may determine: provided, that the whole
amount shall be paid in before the first day of May, in the
year one thousand eight hundred and fifty-eight.

Section 2. If any of the stockholders of said bank
remonstrate against the acceptance of the additional capital
herein ])rovided, 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 repre-
sent one-fourth part of the present capital stock of said cor-
poration, it shall not be entitled to the benefit of this act.

Section 3. The additional capital aforesaid, when paid
into said baidc, shall be subject to the same tax, regulations,
restrictions and provisions, to which the present capital stock
of said bank is now subject.

Section 6. This act shall take effect from and after ils
passage. [Approved May 18, 1857.]

Remonstrance to
be made in writ-
ing.

Taxation of cayii

t;il.

Ortificato to be
rotiirued to sec-
re tary'.s office.

1857.— Chapters 182, 183. 525

Ax Act to increase the Capital Stock of the Oxford Bank, in Oxford. Clldl) 182
Be it enacted^ S^'-c.^ as follows :

Section 1. The president, directors and company of the increase of capi-
Oxford Bank, are hereby authorized to increase their pres- ^^^ authorized,
ent cajntal stock, by an addition thereto of fifty thousand
doUars, in shares of one hundred dollars each, which shall
be paid in such installments as the president and directors
may determine : provided, that the whole amount shall be ProTiso.
paid in before the first day of May, in the year one thousand
eight hundred and fifty-eight.

Section 2. If any of the stockholders of said bank re- Remoustnince to
monstrate against the acceptance of the additional capital, '*'^'^""'"s-
herein provided, their 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.

Section 3. The additional stock aforesaid, when paid into Taxation of c;<i.i-
said bank, shall be subject to the like tax, regulations, restric-
tions and provisions, to which the present capital of said
bank is now subject.

Section 4. Before the aforesaid corporation shall iiroceed certificate to be

-, , . .,,-,.. , . \ . ,, . , returuea to sec-

to do busmess on said additional ca[)ital, a certiiicate, signed retaiy-soince.
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 the office of the secretary of the
Commonwealth.

Section 5. This act shall take effect from and after its
passage. \^Approved May 18, 1857.]

An Act to increase the Capital Stock of Brighton Market Bank, in Chap. 183

Brighton.

Be it enacted, i^c., as follows :

Section 1. The i)iesidcnt, directors and company of the increase ofcapi-
Brighton Market Bank, in Brighton, are hereby authorized
to increase their present capital stock, by an addition thereto
of one hundred tliousand dollars, in shares of one hundred
dollars each, which shall be paid in such installments as
the president and directors may determine : provided, that rroviso.
the whole amount shall be paid in before the first day of
May, in the year one thousand eight hundred and fifty-eight.

Section 2. If any of the stockholders of said bank J!"."<'"^t:>;'"«;-e to
remonstrate against the acceptance of the additional capital
herein provided, the said remonstrance shall be made in writ-
ing, to the cashier of the bank, on or before the first day of

526 1857.— Chapter 184.

July next ; and if the persons so olyeeting, legally represent
one-fourth part of the present capital stock of said corpora-
tion, it shall not be entitled to the benefit of this act.
Taxation of capi- SECTION 3. The additional capital aforesaid, when paid
into said bank, shall be subject to the same tax, regulations,
restrictions and provisions, to which the present capital stock
of said bank is now subject.
Certificate to be SECTION 4. Bcforc Said Corporation shall proceed to do
retary's office busiucss ou 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
l)ank, shall be returned into the office of the secretary of the
Commonwealth.

Section 5. Tliis act shall take effect from and after its
passage. [^Approved May 18, 1857.]

Chap. 1 84 -^ ^^"^ ^^ increase the Capital Stock of the Conway Bank, in Conway.
Be it enacted, ^c, as folio ivs :

Increase of capi- SECTION 1. Th'c president, directors and company of the
Conway Bank, are hereby authorized to increase their pres-
ent capital stock, by an addition thereto of fifty thousand
dollars, in shares of one hundred dollars each, which shall
be paid in such installments as the president and directors

Proviso. may determine : provided, that the whole amount shall be

paid in before the first day of May, in the year one thou-
sand eight hundred and fifty-eight.

Remonstrance to SECTION 2. If any of tlic stocklioldcrs of said bank re-
c in wn ing. jjjonstrate against the acceptance of the additional capital,
herein provided, their remonstrance shall be made in writing,
to the cashier of the bank, on or before the first day of May
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.

Taxation of capi- SECTION 3. Tlic additional stock aforesaid, when paid
into said bank, shall be subject to the like tax, regulations,
restrictions and provisions, to which the present capital stock
of said bank is now subject.

n^iS'to" Section 4. Before tlie aforesaid corporation shall proceed

retards office, to do busiuess OU said additional capital, a certificate, signed
by the president and directors, attested by the cashier, under
oath, that the same has actually been paid into said bank,
shall be returned to the office of the secretary of the Com-
monwealth.

Section 5. This act shall take effect from and after its
passage. [Approved May 18, 1857.]

1857.— Chapters 185, 186, 187. 527

An Act in addition to " An Act concerning the Election of Civil Olliccrs." CJun). 185
Be it enacted^ c^c, asfolloivs :

The provisions of the one luindred and lifty-scventh chap- Application^ of
ter of the acts of the year one thousand eight luindred and actTonso'c' cic-
fiftj-six, shall only apply to elections held by the people, and *^"'''^-
not to elections held by representative bodies of men. \^Aj)-
proved May 18, 1857.]

An Act to authorize the Commisriioners of Dukes County to borrow (JIku), 186

Money.

Be it enacted, Sfc., as foUoivs :

The county commissioners of Dukes County are horel)y Authority to bor-

^ • ^ 1 1 iTj.r-J row on credit of

authorized and empowered to borrow, on the credit ot said county, &c.
county, in addition to the amount of debt they are now
authorized to contract, a sum not exceeding six thousand
dollars ; the same to be expended by said commissioners, or
their successors in office, in erecting a building with fire-
proof offices therein, for the use of said county. [^Ajiproved
May 18, 1857.]

An Act to increase the Capital Stock of the Taunton Bank, in Taunton. Chap. 187
Be it enacted, Sfc., as follows :

Section 1. The president, directors and company of the increase of capi-
Taunton Bank, in Taunton, are hereby authorized to increase "^ *" "^"^ '
their present capital stock, by an addition thereto of fifty
thousand dollars, in shares of one hundred dollars each,
which shall be paid in such installments as the president
and directors may determine : 2^^'ovided, tliat the whole Proviso.
amount shall be paid in before the first day of May, in the
year one thousand eight hundred and fifty-eight.

Section 2. If any of the stockholders of said bank remon- Remonstrance to
strate against the acceptance of the additional capital stock ^•''"'™''"s-
herein provided, their 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.

Section 8. The additional capital stock aforesaid, when Taxation of cap-
paid into said bank, shall be subject to the same tax, regu- ^'^'
lations, restrictions and provisions, to which the present
capital stock is now subject.

Section 4. Before said corporation shall proceed to do ^""'^''.';,*''jo*"the
business on said additional capital, a certificate, signed by the secretary's office,
president and directors, and attested by the cashier, under
oath, that the same has actually been paid into said bank,

528 1857.— Chapters 188, 189.

shall be returned into the office of the secretary of the Com-
monwealth.

Section 6. This act shall take effect from and after its
passage. [Approved Blay 18, 1857.]

Chew. 188 An Act relating to tlic Fire Department of the City of Roxbury.
Be it enacted^ i^'r., as follows :

Kngineerstohare SECTION 1. The engineers of the fire department of the

ity aTfire'^rard's^" citj of Roxburj, sliall liavc the same authority in regard to
the prevention and extinguishment of fires, and the perform-
ance of other offices and duties, as are now conferred upon
fire-wards by the statutes of this Commonwealth.

The removal of SECTION 2, Tlic Said engineers shall have authority, iu

combustible ma- „ T •;! i- e • i • j. ^. l„.

teriais may be re- compuaiice With aiiy ordiiiaiicc 01 said city, to make an
quired. examiiiatioii of places where shavings and other combustilde

materials are deposited, and to require the removal of such
materials, or the adoption of suitable safeguards against fire.
And the city council of said city are hereby authorized to
make suitable ordinances, on the subject referred to in this
section, and to annex penalties, not exceeding twenty dollars,
for the l)reach thereof.
Powers before SECTION Jj. Notliiug ill tlils act coiitaincd, shall be coii-

confcrreil not to.T j.i' • ^ i ii-i

be impaired. strucd as takiiig away any right, power, or authority now

given by law to the engineers, or other officers of said fire

department.
Act subject to Section 4. This act shall be void, unless the city council

dty comidi." of said city shall, hj a concurrent vote, accept the same

within sixty days from and after its passage. [Approved

Maij 18, 1857.]

Chan. 189 -^^ ^^^ relating to Common Schools.

Be it enacted, ^'•c..^ as folloius:

Authority to es- Section 1. Ally city or town in this Commonwealth, may

for 'persons ""over ostablisli aiid maintain, in addition to the "schools now

a-'r&c^'"''^^ °*' required by law to be maintained therein, schools for the

education of persons over fifteen years of age ; and may

determine the term or terms of time in each or any year,

and the hours of the day or of the evening during which

said schools shall be kept ; and may also appropriate such sums

of money as may be necessary for the support thereof.

Superintendence SECTION 2. Wlieiicver aiiy sucli scliool or schools shall

scii'ooi ''commi't- bc estal)lished, the school committee of such city or town

^'"^' shall have the same superintendence over said school or

schools, in all respects, that they now have over the schools

of said city or town ; and shall also determine what branches

o( learning may bc taught tliereiii.

1857.— Chapters 190, 191. 529

Section 3. Tlie one hundred and thirty-seventli chapter }r,'J^^t\';'.YM^J "^
of the laws of eighteen hundred and forty-seven, entitled peiiu-a.
" An Act rehiting to Common Schools," is hereby repealed.

Section 4. This act shall take effect from and after its
passage. \_Approved May 18, 1857.]

Ax Act to increase the Capital Stock of the Wrentham Bank. Chap. 190

Be it enacted, SfC, as follows :

Section 1. The president, directors and company of the inereaseof capi-
Wrentham Bank, in Wrentham, are hereby authorized to '''^' •■^""^°"'''''^-
increase their present capital stock, by an addition thereto
of fifty thousand dollars, in shares of one hundred dollars
each, which shall be paid in such installments as the presi-
dent and directors may determine : provided, that the whole proviso.
amount shall be paid in before the- first day of May, in the
year one thousand eight hundred and fifty-eight.

Section 2. If any of the stockholders of said bank remon- Remonstrance to
strate against the acceptance of the additional capital stock "^ »" "'""^'"s?-
herein provided, their remonstrance shall be made in writing,
to the cashier of the Imnk, on or before the first day of July
next ; and if the persons so objecting, legally represent onc-
fourtli part of the present capital stock of said corporation, it
shall not be entitled to the benefit of this act.

Sections. The additional capital aforesaid when paid jr^j>f-'»tion of cap-
into said bank, shall be subject to the same tax, regulations,
restrictions and provisions, to which the present capital stock
of said bank is now subject.

Section 4. Before said corporation shall proceed to do certificate to he

I . .1 ttj- 1 -ii i-r'i • 11 returned to sec-

busmess on said additional capital, a certificate, signed l)y re tary-s office.
the president and directors, and attested by the cashier,
under oath, that the same has actually been ])aid into said
bank, shall be returned into the office of the secretary of the
Commonwealth.

Section 5. This act shall take effect from and after its
passage. \_App7'oved May 18, 1857.]

Ax Act concernin;^ tlie Appointment of JMember.'^ of Uie Logi.slature to (JJiffi), 191
certain onices. .

Be it enacted, c^'C, as folloivs :

Section 1. No senator or representative shall, during the Tn<'iii;ii)ie to om-
term for which he is elected, be ai)pointed to any office under ing their term of
the authority of this Commonwealth, which shall have been *"■'"''•
created during such term.

Section 2. This act shall not apply to any office to be Ex<''pt'ou
filled by election by the people. [Approved May 18, 1857.]

580 1857.— Chapters 192, 193.

Chcip. 192 -^^ -'^C'^ "^ addition to an Act entitled, "An Act concerning Notes payable

on Demand."

Be it enacted, ^c, as follows :
Defence against SECTION 1. Ill aiiv actiOD brouglit iiDOii a promissorj notc

indorsee, same as ii t -i -t Oi xi* j.in 'j.

against promisee, payable Oil aeiiiaiid, made alter this act shall go into opera-
tion, by an indorsee against the promisor, any matter shall
be deemed a legal defence, and may be given in evidence
accordingly, which would be a legal defence to a suit on the
same note, if brought by the promisee, and which would have
been a legal defence to such suit if brought at the time of
the promisee's indorsement of such note.

Repeal. SECTION 2. The first section of the hundred and twenty-

first chapter of the laws of the year eighteen hundred and
thirty-nine, is hereby repealed. [^Approved May 19, 1857.]

Chni). 193 -^^ ■^'^'^ ^^ incorporate the Caleb's Pond Company.

Be it enacted, c^c, as folloivs :

Corporators. SECTION 1. Valeutinc Pease, Henry Pease, 2nd, and

David Davis, their associates and successors, are hereby

Name. iiiadc a corporatiou, by the name of the Caleb's Pond Com-

Purpose. pany, in Edgartown, Dukes County, for the purpose of creating

a herring and perch fishery ; and they are empowered to
close the present outlet of said pond, and make a new one
through the land of the company. The profits of the fishery
so created shall belong to the company ; but all persons
may take fish with hook and line, or spear eels from said

Privileges, re- poiid. Aiid for this purposc the company shall have all the

strictions, &c. pQ-^y^pg j^iid privilcgcs, and be subject to all the duties,
restrictions and liabilities, set forth in the forty-fourth chap-
ter of the Revised Statutes.

Infringement of SECTION 2. If auy pcrsou, wlthout pemiission of the

rights, penalty i n x 1 ii i ^ • i i

for. company, shall take any fish irom said pond, except as pro-

vided in this act, he shall be subject to a fine not exceeding
fifty dollars, to be sued for in any court competent to try the
same, and said fine shall belong to the company.

adloTnTngmajTe'^ SECTION 3. All pcrsous wlio uow are owners of land

come members, adjoining Said poiid or outlet, may become members of said
corporation, provided they shall signify to the company their
intention to become members within sixty days from the

Notice of organi- Organization of the company ; and the company shall give
public notice of their organization, by publishing the same
at least sixty days in the Vineyard Gazette.

Owners of land Section 4. Tlic prcseut owners of the land adioining the

adjoiniugentitka . -, -, ii i. i , n t , . , , '' ^,

to one share. saul poud Or outlct, who sliall determine to become members
of the corporation, shall each be entitled to one share and
no more.

1857. — Chapter 194. 531

Section 5. In making or closing any outlet of said pond, Existing rights
the company shall not infringe upon tlie rights of any per- ^°^ *° '*'' "^fr'°e-
son or corporation. [^Approved May 19, 1857.]

Ax Act in relation to Gaming, Billiard Tables and Bowling Alleys. Chan 194
Be it enacted, ^'C., as folloivs :

Section 1. If any person, not licensed as hereinafter Keeping biiiiard
provided, shall keep or suffer to be kept, in any house, build- aiiey Without u?
ing, yard or dependency tliereof, by him actually occupied, cense- penalty
or owned, any table for the purpose of playing at billiards,
or any bowling alley for the purpose of playing at bowls, for
hire, gain or reward, or shall for hire, gain or reward, suffer
any person to resort to the same for the purpose of playing
at billiards or bowls, he shall forfeit, for every such olfence,
a sum not exceeding one hundred dollars, to the use of the
city or town where the offence shall have been committed.

Section 2. The board of aldermen of the city of Boston, city and town
the board of mayor and aldermen of any other city, and the granuicense™'^^
selectmen of any town may, within their respective cities
and towns, grant a license to any person to keep a billiard
table or bowling alley, for hire, gain or reward, upon such
terms and conditions as they may deem proper, to be used
for amusement merely, but not for the purpose of gaming for
money or otherwise. And such license may be revoked at i-icense may be
the pleasure of the authority granting the same.

Section 3. If any person shall use or take part in using {[^"dl" fcc'^* ''''"
any table or alley aforesaid, for the purpose of gaming for aityfor.
money or otherwise, he shall forfeit, for every such offence, a
sum not exceeding fifty dollars, to the use of the city or town
where the offence shall have been committed.

Section 4. If any person shall make oath before any P''o<<ee<iing3

'''■,. , , *' against gaming

justice of the peace or any police court, that he suspects, or houses, iiow in-
has probable cause to suspect that any house or other building
is unlawfully used as and for a common gaming house, for the
purpose of gaming for money or otherwise, and that idle
and dissolute persons resort to the same for that purpose,
such justice or police court, whether the names of such per-
sons last mentioned are known to the complainant or not,
shall issue a warrant commanding the sheriff or his deputy,
or any constable or police officer, to enter into such house or
building, and there to arrest all persons who shall be there ^iioshaiibe ar-
found playing for money or otherwise, or aiding or abetting ^^^
those playing for money or otherwise, and also the keepers or
owners of the same, and to take into their custody all the imple- implements to be
ments of gaming as aforesaid, and to keep the said persons ^^'^'^'

532

1857.— Chapter 195.

and implements so that they may be forthcoming before such
justice or police court, to be dealt with according to law ;
and any person who shall be there found playing for money
or otherwise, or aiding or abetting those playing for money
or otherwise, shall forfeit, for every such offence, a sum not
exceeding fifty dollars, to the use of the city or town wliere
the oftence shall have been committed.

Section 5. Justices of the peace and police courts shall
of the offences mentioned in this act,
saving to the accused the right of appeal. \_Approved May
19,1857.]

Jurisdiction vest-
ed in justices of , . . , . .
peace and police haVC JUnsdlCtlOU

Corporators.

rrivileges, re-
strictions, &c.

Authorized to
erect a bridge.

Chcin 195 ^^^ -'^CT to incorporate the Proprietors of tlie Holyoke and Willimansett
^ ■ Bridge.

Be it enacted, Sf'C., as folloivs :

Section 1. Otis Holmes, Jones S. Davis, Reuben A.
Chapman, Charles McClellan, their associates, successors
and assigns, are hereby made a corporation by the name of
the Proprietors of , the Holyoke and Willimansett Bridge ;
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. The said corporation is hereby authorized
and empowered to erect a bridge over Connecticut River,
between the town of Holyoke and the village of Williman-
sett, in the town of Chicopee, below the bridge of the Con-
necticut River Railroad, and at least one hundred and sixty
feet distant from the same, the location to be fixed by the
county commissioners of the county of Hampden, and to
purchase and hold such real and personal estate as may be
proper for that purpose, not exceeding in value the sum of
fifty thousand dollars : provided, that no shares in the capital
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. And said bridge
shall be well built of suitable materials, at least eighteen feet
wide, exclusive of a sidewalk, and covered with planks, with
sufiicient rails on each side for the protection of passengers
travelling thereon, and shall be kept in good repair at all
times : provided, that if said bridge shall be injured by
fire coming cither from the locomotives of the Connecticut
River Railroad, or from its bridge, the said corporation shall
have no claim upon the Connecticut River Railroad Com-
pany for damages.

Section 3. A toll is hereby granted to said proprietors,
and is established at the following rates, viz. : For each foot

May hold real and
personal estate.

Additional pro-
viso.

Toll e&tablished.

1857.— Chapter 195. 533

passenger, two cents ; for each horse and rider, five cents ;
for each gig, sulky, or buggy wagon, twelve cents ; for each
coach, chariot, or phaeton, drawn by two horses, twenty-five
cents, and for each additional horse, four cents ; for each
cart, wagon, sled, or other carriage of burden, drawn by one
beast, ten cents, for each additional beast, four cents ; for
each horse without a rider, four cents ; for neat cattle, asses
and mules, each three cents ; for sheep and swine, each one
cent ; and one person and no more to each team, shall pass
free from toll : and all persons who shall have occasion to Persons on miii-

• Ti'T r> •!• Ti in 'j^i tary duty, to pass

pass the said bridge, to perform military duty, shall pass with tvce.
their necessary horses and carriages, free from toll.

Section 4. The said tolls shall commence on the day of toiis, commence-
the opening of said bridge, and continue for the term of fifty ™f° ^° ""^
years thereafter ; and, at the place of receiving the said ^^^^l^^° ^^ '^^^■
toUsj there shall be constantly exposed to view, a sign-board,
with said rates of toll fairly and legibly printed thereon.

Section 5. The said corporation, at the time of the open- corporation to

i ' „ in return account of

mg of said bridge, or as soon as may be thereaiter, shall cause expenses oibuud-
a 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.

Section 6. The said corporation may, if it see cause. May commute

. -, , /> J n -^1 1 rates of toll, &c.

commute said rates of toll with any person or persons by
taking of him or them, a certain less sum, payable at any
stated periods, instead of the toll aforesaid, or by taking of
of all persons less rates of toll than as before specified ;
public notice of their intention so to do, being first given, by
publishing the same three weeks successively, in any news-
paper printed in the county of Hampden.

Section 7. The legislature may, at anytime hereafter, legislature may

, , ,, -11.1 1 1 !• j_ regulate tolls.

regulate the tolls on said bridge, as they may deem expedient.

Section 8. If the said corporation shall neglect, for the Act void unless
space of four years from the passing of this act, to build and iu'fouryears^ ^
finish the said bridge, then this act shall be of no eftect.

Section 9, Whenever the bridge hereby authorized to be Remuneration to
built, shall be opened for public travel, said corporation shall touTr°disus°e of
pay to Closson Pendleton, of Chicopee, such reasonable ^'"■''^' *"'•
sum, as compensation for the disuse of his ferry property, at
Willimansett, as shall be adjudged to be just and equitable,
by the county commissioners for the county of Hampden,
upon application made to them by either party, and upon a
consideration of all the circumstances of the establishment,
continuance and condition of said ferry and ferry property,

534 1857.— Chapters 196, 197.

and also of the benefits resulting to him in his other prop-
erty, from the establishment of said bridge ; such adjudica-
tion shall be made, if applied for by said corporation, before
the construction of said bridge shall be commenced, and at
any time after they shall have determined upon the site ; but
in such case, any sum that may be awarded, shall not be
payable until the ferry shall cease to be used in consequence
of the opening of said bridge, nor unless the ferry shall be
kept in use until said bridge shall be built. [^ Approved May
19, 1857.]

Chap. 196 -Ajst Act relating to the Salaries of certain Officers of the State Prison.

Be it enacted, SfC, as foUoivs :
Salaries estab- From and after the first day of May, in the year one
^^®^* thousand eight hundred and fifty-seven, the salary of the

warden shall be twenty-five hundred dollars ; the salary of
the deputy-warden, fifteen hundred dollars; the salary of
the clerk, twelve hundred dollars ; and the salary of the
physician, seven hundred dollars per annum, payable quar-
terly. ^Approved May 20, 1857.]

Chap. 197 -^ Act relating to the Extinguishment of the Public Debt.

Be it enacted, Sfc, as follinvs:
Treasurer au- SECTION 1. For tlic payment of tlic stato scrip, issued to
such^poruons^*.!}- mcct tlic Commonwcalth's subscription to the stock of the
Western Railroad ■^estcru Railroad Corporation, and maturing in the month of

stock as may be i." i-ii

necessary. July ucxt, tho treasurer is hereby authorized, with the con-

sent of the governor and council, to sell and appropriate such
portion of the Western Railroad stock as it may be expedient
to sell in preference to raising a corresponding sum of money
out of the securities in the Western Railroad stock sinking
fund.
Residue of secu- SECTION 2. After tlio Said scrip shall have been provided
R. R. stock, &c., for, the residue of the securities in the Western Railroad
a'^sinkfug^fund' stock siukiug fuud, together with the balance of the West-
*'"• ern Railroad stock, belonging to the Commonwealth and not

otherwise appropriated, and the claim upon the general gov-
ernment for military services, shall be set apart and considered
as a sinking fund for the extinguishment of that part of the
state scrip, which has been issued for the enlargement of the
State House, and the State Prison at Charlestown, and for
the establishment of the State Reform School for Boys, and
the Lunatic Hospitals at Taunton and Northampton.
Proceeds of fu- SECTION 3. Whenever, after the establishment of tliis fuud,
be Tested.' it sliall bccome expedient, in the opinion of the treasurer, to

1857.— Chapters 198, 199. 535

sell any of the securities of which the fund hereby to be
established or any other fund may consist, other than the
Western Railroad stock, it shall be his duty to invest the
.proceeds, with the advice of the governor and consent of the
council, in the stocks of the New England States, and in the
obligations of the counties, cities and towns thereof, refer-
ence being had to the availability of the fund when required
for payment of the scrip for which it is set apart.

Section 4. The income of the fund hereby established, income of fund
excepting the dividends on the Western Railroad stock, shall prindpai, &c.
be added to the principal sum, and invested under the
restrictions of the preceding section of this act, until the
same becomes equal in amount to the several parcels of scrip
heretofore issued for the enlargement of the State House,
and the State Prison at Charlestown, and for the establish-
ment of the State Reform School for Boys, and for the
Lunatic Hospitals at Taunton and Northampton.

Section 5. Section three of chapter two hundred and iiepeai.
fifty-one of the acts of the year one thousand eight hundred
and fifty-one, is hereby repealed. \^Approved May 20, 1857.

Ajs^ Act concerning the Location of Horse Railroads. Chcip. 198

Be it enacted, Sfc, as folloivs :

Section 1. All horse railroad corporations, hereafter Road to be con-
chartered, shall construct their roads within twelve months WTCmonths.*"
after their location.

Section 2. If any horse railroad corporation shall fail to Location void un-
commence to construct their road within six months after wuhiaeTontoJ!
they locate, then such location shall be void.

Section 3. This act shall take effect from and after its
passage. \^Approved May 20, 1857.]

An Act in addition to "An Act to incorporate the Bank of Mutual (JJid^ 199

Redemption." ■'^'

Be it enacted, Sfc, as follows :

Section 1. The one hundred and twenty-sixth chapter Authority to do
of the acts passed in the year eighteen hundred and fifty- $5oo"ooo Ihau
six, entitled, "An Act in addition to an Act to incorporate ^c^rlbedlnd ^ aid
the Bank of Mutual Redemption," is hereby amended as in.
follows : Whenever five hundred thousand dollars shall have
been subscribed to the capital stock of said bank, in con-
formity to the provisions of said chapter, and the whole of
said sum shall have been paid in in gold or silver coin,
the said bank may proceed to do business.

Section 2. So much of the said chapter, and of the act y"gion8re'^elied°'

536 1857.— Chapters 200, 201.

to which this in addition, as is inconsistent herewitli, is
hereby repealed.

Section 3. This act shall take eflect on and after its
passage. [^Apjyroved May 20, 1857.]

Chap. 200 ■^' ^'^'^ relating to the Trustee Process.

Be it enacted, SfC., as follows :

When wages are Sectiox 1. If the wagcs of thc personal labor and ser-

toUave'^no'^cosu tIccs of anv individual shall be attached by the process of

M°'^ ^^ ^''°^ foreign attachment, and the plaintiff shall not recover a sum

amounting to five dollars as debt, he shall recover no costs

of that suit.

A sum not ex- SECTION 2. lu all cascs where the wages of the personal

empt°°fi^m at^ labor and services of an individual shall be attached, on the

tachment. proccss of forcigu attachment, for any debt or demand other

than for necessaries furnished the debtor or his family, there

shall be reserved in the hands of the trustee in such case, a

sum not exceeding twenty dollars, which shall be exempt

from such attachment.

Repeal SECTION 3. The three hundreth chapter of the acts passed

in the year one thousand eight hundred and lifty-five, and

all acts and parts of acts inconsistent with the provisions of

ProTiso. this act, are hereby repealed : provided, hoicever, that this

repeal shall in no way afi'ect any cause which shall have

been commenced before this act takes effect. [Approved

May 20, 1857.]

Chap. 201 -^^ -^^"^ *^ incorporate the Journal Newspaper Company.

Be it enacted, Sfc, as folloivs :
Corporators. SECTION 1. Charlcs 0. Rogcrs, James A. Dix, Stephen

N. Stockwell, and Samuel L. Tucker, their associates and
Name. succcssors, are hereby made a corporation by the name of

the Journal Newspaper Company, for the purpose of printing

and publishing newspapers, and executing job printing, in
Privileges, re- the city of Bostou ; with all the powers and privileges, and
etnctions, &e. g^ibject to all tlic dutlcs, rcstrictious and liabilities, set forth

in tbe thirty-eighth and forty-fourth chapters of the Revised

Statutes.
May hold real es- SECTION 2. Said Corporation, for the purposes aforesaid,
*^^' may hold real estate to the amount of fifty thousand dollars,

Capital not to ex- aud tlic wholc amouut of the capital stock shall not exceed
ceedsi50,ooo. ^^^ huudrcd and fifty thousand dollars.

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

passage. [Approved May 20, 1857.]

1857.— Chapter 202. .537

Ax Act to incorporate the Town of Mattapoisett. Chttl) 20'^

Be it enacted, SfC., as follows :

Section 1. All that part of the town of Rochester, in the Boundaries,
county of Plymouth, lying southerly of a line beginning at
a stone post in the division line between tlie towns of Fair-
haven and Rochester aforesaid, standing on the north side
of, and about one rod from, the public highway leading
from the dwelling-house of William Ellis, in said Rochester,
to the dwelling-house of Martin Gammons, in Fairhaven ;
thence from said stone post east, five degrees south, running
south of the barn of John H. Clark, to Mattapoisett River ;
thence northerly, in the thread of said river, to a stake and
stones standing west, two degrees north, from the Cedar
Swamp Brook Bridge ; thence from said stake and stones
east, two degrees south, to the division line between Roch-
ester and Marion, — is hereby incorporated into a separate ><'aine.
town by the name of Mattapoisett ; and the said town of
-Mattapoisett is hereby vested with all the powers and privi- PriTUeges. re-
leges, rights and immunities, and shall be subject to all the ^ '^ °°^'
duties and requisitions, to which other towns are entitled
and subjected by the constitution and laws of this Common-
wealth.

Section 2. The inhabitants of said town of Mattapoisett Arrearages of
shall 1 le holden to pay all arrearages of taxes legally assessed ^^'
upon them before this act takes effect ; and also their pro- state and coanty
portion of such state and county taxes as may be assessed ^^^^'
upon them before the taking of the next state valuation, —
said proportion to be ascertained and determined by the last
decennial valuation of the town of Rochester : provided, Proviso
hoicever, that the town of Rochester shall be authorized to
collect the tax assessed by virtue of law, on the first day of
May, this current year, upon the inhabitants and owners of
property in said town of Mattapoisett ; and the said town of
Rochester, after deducting tlie reasonable expenses of col-
lecting the same, shall account with, and pay over the same
to, the town treasurer of said Mattapoisett ; and the said
town of Rochester may employ, for the collection of the
tax assessed on the first of May of this current year, and
for the collection of all arrears of taxes heretofore legally
assessed by the said town of Rochester, both in Rochester
and Mattapoisett, the collector chosen at the last annual
meeting, who shall have all the powers, and perform all the
duties, incident to the office of town collector, in liotli towns,
any thing in his place of residence to the contrary notwith-
standing.

538 1857.— Chapter 202.

Support of pau- SECTION 3. TliG Said towiis of Rocliestei* and Matta-
poisett shall be respectivelj liable for the support of all
persons who are now receiving relief from Rochester as pau-
pers, according to the last decennial valuation of property
within their respective limits. And the said towns of Roches-
ter and Mattapoisett sliall be respectively liable for the sup-
port of all persons who may hereafter stand in need of relief
as paupers, whose settlement was gained by, or derived from,
a settlement gained or derived within their respective limits.

Town-house and SECTION 4. The towii-house and Sprague legacy shall be
Prague egacy. ^^^^ exclusivc property of Rochester. And Mattapoisett shall

Fire department, pay to Rochcstcr tlicir proportion of twelve hundred dollars
for the interest they have in the fire department ; and
Rochester shall relinquish all right and claim in said fire
department, to Mattapoisett.

Aiewife fisheries SECTION 5. The alcwifc fislicrics of Mattapoisett River,
and the town mills situate on said river, shall remain the
property and privilege of all the inhabitants of the towns of

Aiewives, how Rochcstcr, MaHonand Mattapoisett; and said alewives shall
be sold, as now, to each and every family residing in either
of said towns, at such price per one hundred as the majority
of the legal voters of the said towns of Rochester, Marion and
Mattapoisett may, from time to time, determine ; and in case
said towns shall fail to fix a price as aforesaid, then it shall be
the duty of the three inspectors, hereinafter provided for, to
sell said alewives at such rates as they, or a majority of them,

Profits and earn- sliall determine. The net yearly profits of said aiewife fish-

ed°of. °^^ '^''°^ eries, and the net yearly earnings of said town mills, shall
be appropriated, as now, as a sinking fund to pay the debts
incurred on account of the said mills and fisheries, until

Mills may be sold, said dcbts sliall bc thus or otherwise liquidated. After the

w enever, c. payment of tlic dcbts aforcsaid, the mills may be sold when-
ever the said towns of Rochester, Marion and Mattapoisett

Rents, proceeds, shall SO determine by concurrent vote ; and the net yearly

appropriated. °^ rciit of Said mills, (until sold,) and the net proceeds of such
sales, and also the net yearly profits from sales of said ale-
wives, shall be apportioned and paid into the treasury of
the said towns of Rochester, Marion and Mattapoisett, accord-
ing to the valuation of each of said towns as ascertained
and determined by their next preceding town valuations,

hayf^mlna-e" rcspectively . Tlic manner, of taking said alewives, and the

ment of fishCTies wliolc management of said fisheries, as also the letting and
management of said town mills, (until disposed of,) shall be
with three inspectors, to be chosen annually, as follows :
One from each of the three towns of Rochester, Marion and
Mattapoisett.

1857.— Chapter 202. 539

Section 6. Tlie towns of Rochester and Mattapoisett To^Yn debts.
shall be holden to pay their just and equitable proportions of
all debts and liabilities for which the town of Rochester may
be liable when this act takes effect ; and said town of Matta-
poisett shall be entitled to receive its just and equitable
proportion of the value of all property, both real and per- Town property .
sonal, and of all annuities, funds in trust, or assets, now
owned or held by the said town of Rochester, the disposition
of which is not provided for in sections four and five.

Section 7. All the privileges which the citizens of i^>sht to take Ash

X CD ^ xiiiimpnireil.

Rochester and Mattapoisett had before this act takes effect,
to take shell and scale fish from the shores or flats and waters
witliin the towns of Rochester and Mattapoisett, shall remain
the same as if this act had not passed.

Section 8. The town of Mattapoisett shall pay their just surplus revenue.
and equitable proportion of the surplus revenue, whenever
called for by the government of the United States.

Section 9. Said town of Mattapoisett shall remain apart Mattapoisett aua
of the town of Rochester for the purpose of electing State tosether for state
officers, senators and representatives to general court, repre- ^^""^^^ ^*=-
sentatives 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 general court shall be made. The meet- Meetings by

,. n • ^ r-r' ini nil 1 whom callea.

ings for the choice of said officers shall be called by the
selectmen of Rochester ; and the selectmen of Mattapoisett
shall make a true list of persons belonging to said town of voting ust.
Mattapoisett, qualified to vote at every such election, and
shall post up the same in the said town of Mattapoisett, and
shall correct the same as required by law, and shall deliver
the same to the selectmen of Rochester before any such
election ; and the same shall be taken and used by the select-
men of Rochester for such election, in the same manner as
if it had been prepared by themselves.

Section 10. Any justice of the peace, for the county of Fi^t meeting,
Plymouth, may issue his warrant directed to any principal
inhabitant of said town of Mattapoisett, requiring him to
notify the inhabitants thereof, qualified to vote in town
affiiirs, to meet at the time and place therein appointed, for
the purpose of choosing all such town officers as towns are
by law authorized and required to choose at their annual
meetings ; and said warrant shall be served by posting up
copies thereof, attested by the person to whom the same is
directed, in four public places in said town, fourteen days, at
least, .before the time of meeting. The selectmen of Roches- '^'o''"^ i'^* fo^

',, ,„ ., . ° „ .., new town.

ter shall, before said meeting, prepare a list oi voters m said

540 1857.— Chapters 203, 204.

town of Mattapoisett, qualified to vote at said meeting, and
shall deliver the same to the person presiding at said meet-
ing, before the choice of moderator thereof.

Section 11. This act shall take effect from and after its
passage. \_Approved May 20, 1857.]

Chap. 203 An Act to increase the Capital Stock of the Housatonic Bank.

Be it enacted, Sfc, as foHoivs :
Increase of capi- SECTION 1. Tlic president, dlrcctors and company of the

tal authorized. -r-.i.n ii'i i i i-tj.

Housatonic Bank, in Stockbridge, are hereby authorized to
increase their present capital stock, by an addition thereto
of fifty thousand dollars, in shares of one hundred dollars
each, which shall be paid in such installments as tlie presi-
Proviso. dent and directors may determine : provided, that the whole

amount shall be paid in before the first day of May, in the
year one thousand eight hundred and fifty-eight.
KemonstraTice to SECTION 2. If aiiy of tlic stockholdcrs of said bank re-
e in writing. j^-^qj^^^^pj^^q agaiust thc acccptaucc of the additional capital
herein provided, tlie 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
reprcircnt one-fourth part of the present capital stock of said
corporation, it shall not be entitled to the benefit of this act.
Taxation of capi- SECTION 3. Thc additional stock aforesaid, when paid
into said bank, shall be subject to the like tax, regula-
tions, restrictions and provisions, to which the present capital
stock of said bank is now subject.
Certificate to he SECTION 4. Bcforc Said corporatiou shall proceed to do
retary's'office!^''' busiucss ou 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 office of the secretary of the Com-
monwealth.

Section 5. This act shall take effect from and after its
passage. \_Approved May 21, 1857.J

Chan 204 -^^ ^^^ ^° incorporate the Lenox Water Company.

Be it enacted, Sfc, as fnllov)s :
Corporators. SECTION 1. Hcury W. Bishop, Oliver P. Tanner, Ed-

wards Pierrepont, their associates and successors, are hereby
Name. iTiadc a corporatiou by the name of the Lenox Water Com-

Purposes. paiiy, for the purpose of supplying the inliabitants of Lenox,

in the county of Berkshire, with pure water ; with all the
priTiipges, re- powcrs aiid privileges, and subject to all the duties, restric-
stnctions, c. |^Qj^g r^^^^ liabilities, set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes.

1857.— Chapter 204. 541

Section 2. Said corporation may, for the purposes afore- ^'^ g^^^^^^^'^^'
said, hold real and personal estate not exceeding in amount tate.
forty thousand dollars; and the whole capital stock shall not ceSolooo?''^"
exceed fifty thousand dollars, to be divided into shares of
one hundred dollars each.

Section 3. Said corporation may purchase, hold and May purchase the

X */ 1. ' water 01 tiiiv

convey to, into and through the village in Lenox, the water spring or pond.
of any spring or springs, or of any natural pond or ponds,
within said town of Lenox ; and may take and hold real estate May take reai es-
necessary for laying and maintaining aqueducts and reser-
voirs, and may purchase and hold land around the margin of ^^nands. °'"^'"
any such spring or pond to an extent not exceeding one acre,
to each sprino- or pond so taken. Said company shall, within Description of

-i p t ^ ,• c , ^ • 1 1 1 • lands, ponds or

Sixty days from the tune ot taking any lands, ponds or springs, springs taken, to
as before provided, file in the office of the registry of deeds, andwhL. ''''*"'
in the middle district of the county of Berkshire, a descrip-
tion of the lands, springs or ponds so taken, as certain as is
required in a common conveyance of land and a statement of
the purpose for which taken, signed by the president of said
company.

Section 4. The said company may make aqueducts from May make and
any sources above mentioned, through any part of the town d'uctsfreservoi"sl
of Lenox, and may maintain the same by suitable works; ^nd hydrants.
may make reservoirs and hydrants, and may distribute the
water throughout said town and village by laying down May lay down
pipes, and may establish the rents therefor. And the said ush rents.
company, for the purposes aforesaid, may enter upon and dig ^nXr'°d"recti*o^n
up any road, under the direction of the selectmen of the of selectmen.
town of Lenox, in such manner as to cause the least hinder-
ance to the travel thereon.

Section 5. All damages sustained by taking land, water Damages, how

• determined &c.

or water rights, or by making aqueducts, reservoirs or other '

works, shall be ascertained, determined and recovered, in
the manner now provided by law, in case of land taken for
highways.

Section 6. Any person who shall maliciously divert tlie Penalty for di-

•/A ^ "^ VHrtiiiff a^nd cor-

water, or any part thereof of the sources which shall be rupting the wa-
taken by the said company, pursuant to the provisions of
this act, or who shall corrupt the same, or render it impure,
or who shall maliciously destroy or injure any dam, reser-
voir, aqueduct, pipe or hydrant, or other property held,
owned or used by the said company, for the purposes of this
act, shall pay three times the amount of actual damage to
the said company, to be recovered by any proper action ;
and every such pcfson, on conviction of either of tiie mali-
cious acts aforesaid, may be punished by fine not exceeding

542 1857. -Chapters 205, 206.

one hundred dollars, and imprisonment not exceeding six
months.

Section 7. This act shall take effect from and after its
passage. \^Approved May 21, 1857.]

Chap. 205 An Act to repeal a part of " An Act in addition to an Act to incorporate
certain persons for the purpose of building a Bridge over Merrimack
Eiver, in the County of Middlesex, between the Towns of Dracut and
Chelmsford."
Be it enacted, (^c, as follows :
Repeal. SECTION 1. So much of " An Act in addition to an Act

to incorporate certain persons for the purpose of building a
bridge over Merrimack River, in the county of Middlesex,
between the towns of Dracut and Chelmsford," passed in the
year one thousand eight hundred and forty-three, as recites,
alleges or declares, that the sum of ten thousand dollars of
the original cost of the bridge therein named, had not then
been reimbursed and repaid to the proprietors thereof, is
hereby repealed.

Section 2. This" act shall take effect from and after its
passage. [Approved May 22, 1857.]

Chat). 206 -^ ^^^ concerning the branches to be taught in the Public Schools, and
" for other purposes.

Be it enacted, SfC, as follows :
Competency of Section 1. Tlic first scctiou of the twcuty-third chapter
teachers defined. ^^ ^j^^ Reviscd Statutcs, and thc first section of the fifty-sixth
chapter of the laws of eighteen hundred and thirty-nine,
are hereby so amended as that the teacher or teachers of the
schools required to be kept by each of said sections, shall be
competent to give instruction in orthography, reading, writ-
ing, English grammar, geography, arithmetic, algebra, the
history of the United States, and in good behavior, instead of
the branches enumerated in said sections ; and also in physi-
ology and hygiene, •whenever the school-committee shall
deem it expedient.
Competency of Section 2. Thc first clausc of the fifth section of the
defiucT ^"*^"' twenty-third chapter of the Revised Statutes is hereby so
amended, as that the teacher or teachers of the schools,
required to be kept by said clause, shall be competent to give
instruction, in addition to the branches named in the first
section of this act, in general history, bookkeeping, surveying,
geometry, natural philosophy, chemistry, botany, the civil
polity of this Commonwealth and of the United States, and
in the Latin language, instead of the branches of learning
enumerated in the said first clause : and the teacher or
teachers of the schools required to be kept by the last clause

1857.— Chapters 207, 208. 543

of the said fifth section, shall be competent to give instruc-
tion, in addition to all the branches before mentioned in this
act, in the Greek and French languages, astronomy, geology,
rhetoric, logic, intellectual and moral science, and political
economy, instead of the branches of learning enumerated in
said last clause.

Section 8. The two hundred and seventy-fourth chapter Acts repealed.
of the laws of eighteen hundred and fifty, entitled, " An Act
concerning Schools," and the four hundred and thirty-sixth
cliapter of the laws of eighteen hundred and fifty-five,
entitled, " An Act concerning School Books," are hereby
repealed. [Approved May 22, 1857.]

An Act to increase the Capital Stock of the Mount Hope Iron Company. QJicip, 207
Be it enacted, Sfc., as folloics :

The Mount Hope Iron Company are hereby authorized to increase of capi-
increase their capital stock, by adding thereto one hundred
thousand dollars, and may invest such additional capital in
real or personal estate, as may be necessary and convenient
for carrying on the business for which such company was
incorporated: provided, hovjever, that no shares in the cap- no scares to be
ital 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 first issued. [Approved May 23, 1857.]

An Act to increase the Capital Stock of the Agawam Bank. Chci.p. 208

Be it enacted, Sfc, as folloivs :

Section 1. The president, directors and company of the increase of capi-
Agawam Bank, in Springfield, are hereby authorized to
increase their present capital stock, by an addition thereto of
one hundred thousand dollars, in shares of one hundred dol-
lars each, which shall be paid in such installments as tiie pres-
ident and directors may determine : provided, that the whole Proviso.
amount shall be paid in before the first day of May, in tlie
year one thousand eight hundred and fifty-eight.

Section 2. If any of the stockholders of said bank Kemonstrance to
remonstrate against the acceptance of the additional capital ^"^ "^ ^™""s-
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-
fourtli part of the present capital stock of said corporation,
it shall not be entitled to the benefit of this act.

544

1857.— Chapters 209, 210.

Persons commit-
ted not havinp; a
known settle-
ment, to be sup-
ported by the
Coininonwealth.

reTurn'ed*to°se^c- SECTION 4, Before said corporation shall proceed to do
retary's office, buslncss 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 into the office of the secretary of the
Commonwealth.

Section 5. This act shall take effect from and after its
passage. {^Approved May 23, 1857.]

Chap. 209 An Act relating to Persons committed to the State Lunatic Hospitals,
not having a known settlement in this Commonwealth.

Be it enacted, SfC, as follows :

Section 1. All persons committed to either of the State
lunatic hospitals, not having a known settlement in this
Commonwealth, shall be supported therein at the expense of
the Commonwealth ; and the several treasurers of said hos-
pitals are authorized to charge for the support of said per-
sons, the same rates that they charge for other lunatics
residhig therein : provided, however, that such persons shall
themselves be liable for all expense incurred by them at
said hospitals ; and if it shall be ascertained that any of said
persons have a legal settlement in any city or town in this
Commonwealth, or any kindred obligated by law to main-
tain them, the treasurer of such hospital may, in an action
of contract, recover the expense of their support of the per-
son so committed, or of such kindred, city or town ; and ilie
district-attorneys, or other prosecuting officers of the Com-
monwealth, shall institute any suits in their respective dis-
tricts, whenever they shall be thereto requested l)y the trus-
tees.

Section 2. All provisions of law, inconsistent with the
provisions herein made, are hereby repealed.

Section 3. This act shall take efiect from and after its
passage. \^Approved May 23, 1857.]

(^hnp. 210 Ax Act to inci-ease the Capital Stock of the Hampshire Manufacturers'

Bank.

Be it enacted, Sj'C, as follows :

Section 1. The president, directors and company of the
Hampshire Manufacturers' Bank, in Ware, are hereby author-
ized to increase their present-capital stock, by an addition there-
to of one hundred thousand dollars, in shares of one hundred
dollars each, which shall be paid in such installments as the pres-
ident and directors may determine : provided, that the whole
amount shall be paid in before the first day of May, in the
year one thousand eight hundred and fifty-eight.

Inconsistent pro-
visions repealed.

Increase of capi-
tal authorized.

Proviso.

1857.— Chapter 211. 545

Section 2. If any of the stockholders of said bank re- Remonstrance to
monstrate 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.

Section 4. Before said cor])oration shall proceed to do certificate to be

1- .,,,.. 1.1 -n ■ 11 returned to sec-

ousiness on said additional capital, a certificate, signed by retary's office,
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 office of the secretary of the Com-
monwealth.

Section 5. This act shall take efiect from and after its
passage. l^Ajjproved May 23, 1857.]

Ax Act concerning the Dorchester Avenue Railroad Company. ChciD. 211

Be it enacted, Sj^c, as folloivs :

Section 1. The mayor and aldermen of the city of Bos- Track may be ex-
ton are hereby authorized to extend the location of the on what concu-
tracks of the Dorchester Avenue Railroad, upon and over *'""■
such streets within said city, as may be determined, by them,
with the assent, in writing, of said company ; and the Dor-
chester Avenue Railroad Company are hereby authorized to
construct, maintain, and use such tracks as may be located
as above, with the same powers and privileges, and subject to
the same duties, lialtilities and restrictions, in relation thereto
as if they had been authorized to be located by the act by
wliich said company was incorporated : and the said company Tncks of the
shall have the right to use, and run over with their cars and co^mry^L^sed'.
horses, all tracks which may hereafter be laid by the Broad-
way Railroad Company, under its charter, in any of the
streets of the city of Boston, excepting in that part of Broad- Exception.
way and of Fourth Street lying easterly of A Street, paying
to the said Broadway Railroad Company a reasonable amount
for the use thereof; such amount, in case of dispute,- to be couipen.«iation.
ascertained and determined from time to time, by commis-
sioners appointed for that purpose by the supreme judicial
court.

Section 2. Tlie Dorchester Avenue Railroad Company May connect with
may, for the purposes of conveying passengers to and from the °"»"" '■°'^'i^-
town of Dorchester, and that part of Boston called Washing-

546 1857.— Chapter 211.

ton Village, connect with the road of anj other company be-
sides the Broadway Railroad Company, with which the board
of aldermen of the city of Boston may authorize it to connect.
Terms to be fixed And in casc any such connection shall be made, and theDor-
ers in case of dis- chcstcr Avenuc Railroad Company shall be unable to agree
agreement. yf[t\i the couipaiiy owuiug the Toad connected with, as to the
mode of connection and the manner, time and extent, of
use of the last named road by the Dorchester Avenue Rail-
road Company, and the compensation to be paid by the
Dorchester Avenue Railroad Company for such use, then the
supreme judicial court, upon the petition of either party,
and upon notice to the other party, shall appoint three commis-
sioners, who shall, upon due notice to the parties interested,
proceed and determine all matters relating to such connec-
tion and use ; and the compensation to be paid therefor, not
agreed upon by said corporations ; and in regulating such
connection and use, the commissioners shall have reference
to the interests of said corporations, and of the public accom-
Award to lie modatcd by said roads. And the award of said commis-
vired"^by 'other sioucrs, or a uiajor part of them, shall be binding upon the
appoTnted forUe rcspectivc corporatious interested therein, until the same shall
purpose. liave bccu revised or altered by commissioners to be appointed

by the said court, upon application and in manner aforesaid ;
but no such revision or alteration shall be made by any
commissioners, so to be appointed as aforesaid, within one
year after such decision and award shall have been made,
unless said court shall be of opinion that such a revision
may be sooner required or advisable.
Commissioners, SECTION 8. Tlic compensatiou of said commissioners, for

now paid. ,. . , ^ iiii -iii •

tlieir services and expenses, shall be paid by the respective
corporations interested therein, in equal proportions.
bu"or"eii "^""^ yECTiON 4. The Dorchester Avenue Railroad Company
shall have the right, at all times, by vote of its stockholders,
three-fourths thereof in number and value consenting
thereto, to purchase of or sell to any other company char-
tered for a similar purpose, all or any part of the tracks
which are or may hereafter be laid by it, or by such other
company under the provisions of their charters ; and such
purchase or sale shall transfer all the corporate rights,
and rights of location which may pertain to the tracks so
purchased or sold ; and in case of such sale by the Dorches-
Reiease of mort- tcr Avcuuc Railroad Company, the trustees of the mortgage
cafe of sTie.^ "* bouds, if any are issued, shall have the right to release tlie
tracks or parts of tracks sold on receiving what they shall
Proceeds, how considcr a fair equivalent therefor ; and the proceeds of such
*^^ '^ ■ sale shall be applied to the sinking fund for the redemption

of the bonds, if any are issued.

1857.— Chapters 212, 213. 547

Section 5. This act shall be void unless the same shall Act void, unless
be accepted by the city council of Boston, within one year coumh, &c^ " ^
from the passage hereof.

Section (3. This act shall take effect from and after its
passage. [Approved Map 23, 1857.]

An Act to increase the Capital Stock of the Lee Bank, in Lee. Chop. 212

Be it enacted, Sfc, as folloivs :

Section 1. The president, directors and company of the increase of capi-
Lee Bank, in Lee, are hereby authorized to increase their
present capital stock, by an addition thereto of one hundred
thousand dollars, in shares of one hundred dollars each,
which shall be paid in such installments as the president and
directors may determine: provided, that the whole amount Proviso.
shall be paid in before tlie first day of May, in the year one
thousand eight hundred and fifty-eight.

Section 2. If any of the stockholders of said bank re- rvemonstrar.ce to
monstrate against the acceptance of the additional capital '''""'""^•
herein provided, the said remonstrance shall be made in writ-
ing, 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 stuck of said corpora-
tion, it shall not be entitled to the benefit of tliis act.

Section 4. Before said corporation shall proceed to do certificate to be

1. .,,,.. i-i • o ■ 11 returned to sec-

busmess on said additional capital, a certificate, signed by retard's office,
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 office of the secretary of the
Commonwealth.

Section 5. This act shall take eflect from and after its
passage. [Approved May 23, 1857.]

An Act in relation to Crossings. O/lCip. 213

Be it enacted, SfC, as follows :

Section 1. Whenever any turnpike, bridge, railroad or ^^^^^^ ^^^ ^'^^^

ii 1 1 1111 f 1 1 • 1 1 of any personate

other way, has been, or shall hereatter be, laid out by author- divided by »
ity of law through the land of any person, without his con- orraumad,''coun-
sent, so as to separate one portion thereof from the other, ^a^^rtabrh"
or from a highway or other public way, and such person crossings, &c.
shall have the right to cross such turnpike, bridge, railroad
or other way, and any difference shall arise between the pro-

548 1857.— Chapter 214.

prietors or corporation owning such turnpike, bridge, rail-
road or way, and such land owner, in regard to the place or
manner in which such owner shall cross the same, either
party may apply to the commissioners of the county in
which the land lies, to direct the place or manner in which
such owner shall cross such turnpike, bridge, railroad or
way ; and said commissioners, after due notice to the party
not making the application, and hearing the parties, may
make such order in relation to sucli crossing, and the costs
of such application, as they shall deem proper.
When crossings SECTION 2. Whcuever any crossing shall be deemed by
ryt partief ml°y thc owucr of thc land or by such proprietors or corporation,
apply to county inconvenicnt as to place or construction, and the parties

commissioners, . . '■ , . . ' ^ ,

&c. cannot agree in relation thereto, either party may apply to

the said commissioners to alter said crossings ; and said
commissioners, after due notice to the party not making the
application, and hearing the parties, may make such order
in regard to the same, and the costs of such application, as
they shall deem proper.
No new liability SECTION ij. Notliiug hcreiii contained shall be construed
Tept ' upon^'^ the to autliorizc the said commissioners to order such proprie-
party applicant, ^q^s oy corporatiou as aforcsaid, to constructor maintain any
crossing as aforesaid, without their consent, except where
such proprietors or corporation shall be liable by law or by
agreement, to construct a crossing for the owner of the land,
or where such proprietor or corporation shall make such ap-
plication.
Costs and expen- SECTION 4. No application as aforesaid shall be proceeded
^'^^' upon by the commissioners, until the party applying shall

cause a sufficient recognizance to be given to the county,
with sureties to the satisfaction of the commissioners, for the
payment of all costs and expenses, according to the order of
the commissioners. [Approved May 23, 1857.]

Chap. 214 An Act in addition to the several Acts giving Jurisdiction in Equity to

the Supreme Judicial Court.

Be it enacted, Sfc., as follows :
Equity jurisdic- Tlic suprcmc judicial court shall have full equity jurisdic-
tion, according to the usage and practice of courts of chan-
cery, in all cases where there is not a full, adequate and
complete remedy at law. [Approved Mai/ 23, 1857.]

1857.— Chapters 215, 216. 549

An Act concerning the donation of Henry B. Rogers to the State Indus- QJian 215
trial School for Girls, at Lancaster. ^

Be it enacted, Sfc, as follows :

Section 1. The treasurer of the Commonwealth is hereby Treasurer au-
fully authorized and empowered to accept the donation of one cept'donauon'^''"
thousand dollars, made by Henry B. Rogers, for the use of
the State Industrial School, at Lancaster, under the condi-
tions named by the donor, to wit : " That the same shall
always be safely invested, and the interest and profits thereof,
from time to time, be applied to the purchase of books, — and
especially of books of a moral and religious character, for the
use of the State Industrial School, at Lancaster; and should
this school, at any time hereafter, cease to exist, the said
interest and profits may then be applied to the same purpose,
for the use of any other institution the legislature may select."

Section 2. The purchase of books, under the first section superintendent
of this act, shall be made by the superintendent of said books. '"""'''^"'
industrial school, for the time being, under the direction of
the trustees ; and for any sum or sums which he may expend,
according to the conditions as before mentioned, the governor
is hereby authorized to draw his warrant. [Approved Majj
23, 1857.]

An Act concerning the Broadway Railroad Company. Chap. 216

Be it enacted, t^-c, as folloivs :

Section 1. The mayor and aldermen of the city of Bos- Track may be ex-
ton are hereby authorized to extend the location of the tracks on what °conm-
of the Broadway Railroad Company, upon and over such *'°"^"
streets within said city, as may be determined by them, with
the assent, in writing, of said company ; and the Broadway
Railroad Company are hereby authorized to construct, main-
tain and use such tracks as may be located as above, with the
same powers and privileges, and subject to the same duties,
liabilities and restrictions, in relation thereto, as if they had
been authorized to be located by the act by which said com-
pany was incorporated : and the said company shall have Tracks of Dor-

i, . 1 , , 1 -ii i.1 • 11 .1 Chester Avenue

the right to use and run over, with their cars and horses, the r. r. co. may be
tracks now laid or which may hereafter be laid by the Dor- "*'^'^'
Chester Avenue Railroad Company, witliin the city of Boston,
excepting that part of the track of the Dorchester Avenue Exception.
Railroad Company now laid south of Fourth Street, paying compensation,
to the Dorchester Avenue Railroad Company a reasonable
amount for the use thereof; such amount, in case of dispute,
to be ascertained and determined, from time to time, by
commissioners appointed by the supreme judicial court.

550

1857.— Chapter 216.

May connect with
other roads.

Terms to be fixed
by commissioners
in case of disa-
greement.

Award binding
till revised by
other commis-
sioners appoint-
ed for the pur-

Commissioners,
how paid.

Company may
buy or seil.

Act void unless
accepted by city
council, &c.

Section 2. And for the purposes of conveying passengers
to and from South Boston, the Broadway Railroad Company
may connect with the road of any other company besides
the Dorchester Avenue Raih'oad Company, with which the
board of aldermen of the city of Boston may authorize it to
connect. And in case any such connection shall be made,
and the Broadway Railroad Company shall be unable to agree
with the company owning the road connected with, as to the
mode of connection, and the manner, time and extent of
use of the last named road by the Broadway Railroad Com-
pany, and the compensation to be paid by the Broadway
Railroad Company for such use, then the supreme judicial
court, upon the petition of either party, and upon notice to
the other party, shall appoint three commissioners, who shall,
upon due notice to the parties interested, proceed and de-
termine all matters relating to such connection and use,
and the compensation to be paid therefor, not agreed upon
by said corporations ; and in regulating such connection and
use, the commissioners shall have reference to the interests
of said corporations and of the public accommodated by said
roads : and the award of said commissioners, or a major
part of them, shall be binding upon the respective corpora-
tions interested therein, imtil the same shall have been
revised or altered by commissioners, to be appointed by the
said court upon application, and in manner aforesaid ; but
no such revision or alteration shall be made by any commis-
sioners to be appointed as aforesaid, within one year after
such decision and award shall have been made, unless said
court shall be of opinion that such a revision may be sooner
required or advisable.

Section 3. The compensation of said commissioners for
their services and expenses shall be paid by the respective
corporations interested therein, in equal proportions.

Section 4. The said Broadway Railroad Company shall
liave the right, with the consent of three-quarters of the
stockholders, in number and value, at all times, to purchase
of, or to sell to, any other company chartered for a similar
purpose, all or any part of the tracks which may be hereafter
laid by it or any other such company, under the provisions
of their charters ; and such purchase or sale shall transfer
all the corporate rights and rights of location which may
pertain to the tracks so purchased or sold.

Section 5. This act shall be void unless the same shall
be accepted by the city council of Boston, within one year
from the passage thereof.

Section 6. This act shall take effect from and after its
passage. [Approved May 23, 1857.]

1857.— Chapters 217, 218. 551

An Act to increase the Capital Stock of the Lynn Mechanics' Bank. Ohcip. 217
Be it enacted, Sfc, as foUoivs :

Section 1. The president, directors and company of the inoroase of capi-

r -^r -1 • 1 T-. 1 • T 1 1 1 • 1 i ital authorized.

Lynn Mechanics Bank, in Lynn, are hereby authorized to
increase their present capital stock, by an addition thereto of
fifty thousand dollars, and to divide the same in shares of
twenty dollars each, which sum shall be added to the several
existing shares of said bank, and which shall be paid in at
such times as the president and directors may determine :
provided, tliat the whole amount shall be paid in bcfcTr-e the Proviso.
first day of May, in the year one thousand eight handred and
fifty-eight.

Section 2. If any of the stockholders of said bank Remonstrance to

, r> 1 IT- 1 . , be in writing.

remonstrate against the acceptance of the additional capital
herein provided, the said remonstrance shall be made in
wriiiig, to the cashier of the bank, on or before the first day
of July next ; and if the persons so objecting, legally repre-
sent one-fourth part of the present capital stock of said cor-
poration, it shall not be entitled to the benefit of this act.

Section 3. The additional capital aforesaid, when paid T^ixation of capi-
iiito said bank, shall be subject to the same tax, regulations,
restrictions and provisions, to which the present capital stock
of said bank is now subject.

Section 4, Before said corporation shall proceed to certificate to be
do business on said additional capital, a certificate, signed retary's office.
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 office of the secretary of the
Commonwealth.

Section 5. This act shall take effect from and after its
passage. [^Approved May 23, 1857. j

An Act in addition to an Act to incorporate the New England Railroad Chap. 218

Mutual Fire Insurance Company.

Be it enacted, Sfc, as follows :

Section 1. The New England Railroad Mutual Fire May insure raii-
Insurance Company are hereby authorized to insure property "^
for any railroad corporation located within the United States
or the British North American Provinces.

Section 2. Whenever there shall remain from the income surplus may be
of the business of said company, any surplus, after providing servefuna.''*
for all losses and other liabilities of the company, it shall be
lawful for them to set aside, from time to time, as a reserve
fund, the whole or any portion of said surplus : provided. Proviso,
the sums so set aside shall not amount to more than one

552 1857.— Chapter 219.

hundred thousand dollars ; and provided, also, that said fund
shall be used and appropriated for the payment of any losses
or liabilities of the company, before any assessments shall
be made on the premium notes.
Privilege? re- Section 3. The Said company shall have all the powers

ana privileges, and be subject to all the duties, liabihties
and restrictions, set forth in the forty-fourth chapter of the
Revised Statutes, and all other laws relative to mutual fire
insurance companies,
- Section and part SECTION 4. The sccond scctioii and so much of the first
o^sec ion repeal- ggg^^Q,^ ^^ follows tlic words " damage by fire," in the act to
incorporate the New England Railroad Mutual Fire Insur-
ance Company, approved March twenty-first, in the year
eighteen hundred and fifty-six, are hereby repealed.

Section 5. This act shall take effect from and after its
passage. {^Approved May 23, 1857.]

Chap. 219 ^^ ^<^T to increase the Capital Stock of the Pittsfield Bank.

Be it enacted, SfC., as follows :

Increase of capi- SECTION 1. TIic president, directors and com})any of the
Pittsfield Bank, in Pittsfield, are hereby authorized to increase
their present capital stock, by an addition thereto of two hun-
dred thousand dollars, in shares of one hundred dollars each,
which shall be paid in such installments as the president

ProTiso. and directors may determine: provided, that the whole

amount shall be paid in before the first day of May, in the
year one thousand eight hundred and fifty-eight.

b^rwriung" '° Section 2. If any of the stockholders of said bank re-
monstrate against the acceptance of the additional capital
herein provided, their remonstrance shall be made in writ-
ing, 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 corpora-
tion, it shall not be entitled to the benefit of this act.

^asation of capi- ^ Section 3. The additional stock aforesaid, when paid
into said bank, shall be subject to the like tax, regulations,
restrictions and provisions, to which the present capital stock
of said bank is now subject.

r^eTurned'to°se^c! ^ECTiON 4. Bcforc Said Corporation shall proceed to do

retary'B office, busiiicss ou Said additional capital, a certificate, signed
by the president and directors, and attested by the cashier,
iinder oath, that the same has actually been paid into said
bank, shall be returned into the office of the secretary of the
Commonwealth.

Section 5. This act shall take effect from and after its
passage. [Approved May 23, 1857.]

1857.— Chapter 220. 553

Ax Act to extend the time of the payment of the State Loan to the Cficfu 220
Eastern Railroad Company. ^

Be it enacted, t^c, as folloivs :

Section 1. The treasurer of this Commonwealth is Treasurer au-
hereby authorized and directed to issue scrip in certificates of scHp™with° 'cou-
debt, in the name and on behalf of the Commonwealth, and p""-- ^'=-
under its seal, for the sum of five hundred thousand dollars,
with coupons attached for interest, at the rate of five per
centum per annum, payable semi-annually at the office of
said treasurer, and redeemable at the same place, as follows,
to wit : Seventy-five thousand dollars of said scrip redeema- ^vhen redeema-
ble on the first day of July, which shall be in the year of our ^^'''
Lord one thousand eight hundred and sixty-five, and seventy-
five thousand dollars of said scrip redeemable on each suc-
ceeding first day of July thereafter, until and including the
first day of July, eighteen hundred and seventy, and fifty
thousand dollars, being the balance of said sum of five hun-
dred thousand dollars, on the first day of July eighteen
hundred and seventy-one, which scrip or certificate shall be
deemed to be a pledge of the faith and credit of the Com-
monwealth for the redemption thereof; and the scrip or scrip to be soui,
certificate thus created shall be sold, provided the same can wult purpose/"""
be sold at par, by the treasurer, in such sums as he shall
require or find necessary for the purpose of raising funds to
pay and redeem the scrip, issued to pay the same amount to
the Eastern Railroad Company, under and by virtue of the
act of April eighteenth, eighteen hundred and thirty-seven,
and the acts in addition thereto, of April twenty-fifth,
eighteen hundred and thirty-eight, and of April first, eighteen
hundred and thirty-nine, entitled, an act to aid the con-
struction of the Eastern Railroad, wliich scrip was made
payable at the end of twenty years from the date thereof.

Section 2. It shall be the duty of the treasurer of the outstaadingscrip
Commonwealth to pay and redeem the scrip issued as afore- aud heid/Tuu
said to the Eastern Railroad Company, whenever presented security.^''' '""
and demanded after the same becomes due, out of the avails
of the sale of the scrip to be issued under the provisions of this
act, and to hold the scrip so redeemed, and the bond and
mortgage made and given, and the stock transferred to the
Commonwealth, as security for the same, in pursuance of the
said act of April eighteenth, eighteen hundred and thirty-
seven, and the act in addition thereto, of April twenty-fifth,
eighteen hundred and thirty-eight, and of April first, eighteen
hundred and thirty-nine, to be enforced against said com-
pany as herein provided.

Section 3. The Eastern Railroad Company shall, semi- interest to be

554 1857.— Chapter 220.

paid semi-annu- aimually, OH 01' before the first days of June and December,
R. R. Co. ^^ '^™ pay to tiie treasurer of the Commonwealth the sum of twelve
thousand and five hundred dollars, as interest on the amount
paid by the Commonwealth to redeem the said scrip, until
the first day of July, eighteen hundred and sixty-five, and
shall thereafter pay on the first days of June and December
to the said treasurer, such sum as shall be equal to the inter-
est to become due on the succeeding first days of July and
January, or so much of said scrip as shall remain unre-
deemed from time to time ; and shall also pay all costs and
expenses for making and issuing such certificates or scrip,
as herein provided.
Payments to be SECTION 4. Tlic Eastcm Railroad Company shall also pav

made annually t> , i /-^ i i i" p j i r-

for redemption of to the trcasurcr 01 tlic Commonwealth, on the first day oi
R-T'co-.^n^'and July, eighteen hundred and sixty-five, the sum of seventy-
afterjuiyi,i865. fjyg thousaud dollars, and the sum of seventy -five thousand
dollars on each succeeding first day of July, until and
including the first day of July, eighteen hundred and seventy,
and fifty thousand'dollars, being the balance of the sum of
five hundred thousand dollars, on the first day of July,
eigliteen hundred and seventy-one, which said payment shall
be applied to the payment and liquidation of said sum of
five hundred thousand dollars due to the Commonwealth for
the redemption of said scrip, issued under said act of April
eighteenth, eighteen hundred and thirty-seven, and the acts
in addition thereto, of April twenty-fifth, eighteen hundred
and thirty-eight, and of April first, eighteen hundred and
Securities to be thirty-uino. Aud on the payments of and complete liquida-
gurrendered^^o ^^^^^ ^^ ^^^^ dcbt, thc trcasurcr of the Commonwealth shall
debt is paid. surrciidcr to said company, the bond of said company, and
the mortgage given to secure the same, and the three thou-
sand shares of stock of said company, made and given to
the Commonwealth in pursuance of the provisions of said
act of April eighteenth, eighteen hundred and thirty-seven,
and the acts in addition thereto, of April twenty-fifth,
eighteen hundred and thirty-eight, and of April first, eighteen
hundred and thirty-nine.
In default of SECTION 5. Ill casc of the failure of the said company to
part™of *the" Co.", p^y tlic interest due on the said scrip, issued under the act
wlitii ^to""take ^^ April eighteenth, eighteen hundred and thirty-seven, and
possession of the thc acts ill additiou thereto, of April twenty-fifth, eighteen
hundred and thirty-eight, and of April first, eighteen hun-
dred and thirty-nine, until the maturity thereof, or to pay
the expenses and costs of issuing the scrip herein provided
for, or to pay to the treasurer of the Commonwealth the
interest semi-annually, as herein provided, or to pay the

1857.— Chapter 221. 555

sum of seventy-five thousand dollars on the first day of July,
eighteen hundred and sixty-five, and seventy-five thousand
dollars on each succeeding first day of July, until and
including July first, eighteen hundred and seventy, and fifty
thousand dollars, being the balance of said sum of five hun-
dred thousand dollars, on the first day of July, eighteen
hundred and seventy-one, then in such case it shall be the
c'uty of the treasurer of the Commonwealth to enter upon
and take possession of the railroad of said company, and
enforce all the provisions of said bond, given by said com-
pany to the Commonwealth, and make use of all the security
or pledge held by the said Commonwealth, according to the
provisions of said act of April eighteenth, eighteen hundred
and thirty-seven, and the acts in addition thereto, of April
twenty-fifth, eighteen hundred and thirty-eight, and April
first, eighteen hundred and thirty-nine, for the payment of
said debt and indemnity to the Commonwealth for all loss
or injury in relation thereto. And the said mortgage and Existina; securi-
pledge, and the said bond are hereby declared not to be waived or impair-
waived or impaired by any delay in enforcing the same or '^'^•
by any provisions of this act, until the entire payment and
satisfaction of the debt due to the Commonwealtli, according
to the true and original intent and meaning of the same.
lApproved May 23, 1857.]

Ax Act exempting certain classes of Vessels from Compulsory Pilotage. Qfi^n 221
Be it enacted, SfC., as follows :

Section 1. All vessels of two hundred tons and under, vessels of 200

.,. T ... p ,1 • 1 1 J. tons aiul under

sailing under a register, in any ot the navigable waters or to pay hair piiot-
ports of the Commonwealth, shall be held to pay only one- ''^"'■
half of the rates of ])ilotage to which vessels of that class,
not specially exempt from compulsory pilotage, may, at the
time be legally liable.

Section 2. No single-decked vessel, of three hundred <;'ertain single

• • ■ QGCkGd V6SSG19

and fifty tons and under, sailing under a coasting license, exempt.
shall be liable to pay compulsory pilotage of any kind, for
any navigable waters or ports of this Commonwealth : pro- Proviso.
vided, ho2vever, that if the services of a commissioned pilot
shall be voluntarily requested or accepted, for the conduct
of any vessel herein exempted from compulsory pilotage,
such services shall be compensated at the rates and in the
manner prescribed by the regulations of the pilot commis-
sioners.

Section 3. All vessels taking steam towage into or out vessels taking
of any port or harbor of this Commonwealth, by direction pay' luii pilotage.
21

556

Chapters 222, 223.

Exception.

Duties of pilot
not to be exer-
cised without a
commission.

Penalty.

Inconsistent pro-
visions repealed.

of the owner or master, shall pay full pilotage ; but when
steam towage is taken by request of the pilot, said vessel
shall be liable to pay only seventy-five per cent, of the rates
of pilotage to which such vessels would otherwise be legally
liable.

Section 4. No person not holding a commission as a pilot,
(excepting those actually employed on board of the vessel
for the voyage,) shall in any case exercise the duties of a
pilot on board of any vessel within the waters of this Common-
wealth, whether said vessel is liable to compulsory pilotage
or not, provided a commissioned pilot offers his services, or
can be obtained at a reasonable time, under a penalty of not
less than twenty and not more than fifty dollars, for each and
every offence.

Section 5. All acts and parts of acts, inconsistent here-
with, are hereby repealed. \^Approved May 26, 1857.]

Chap. 222

Wilful injury,
&c., to any
school-house,
church, &c.,
a misdemean-

Penalty.

An Act concerning School-houses and other Public Buildings.
Be it enacted, Sfc.^'as follows :

Every person who shall wilfully and maliciously, or wan-
tonly and without cause, destroy, deface, mar or injure any
school-house, church or other building erected or used for
the purposes of education, or religious instruction, or for the
general diffusion of knowledge ; or who shall wilfully and
maliciously, or wantonly and without cause, destroy or injure
any of the out-buildings, fences, wells or appurtenances of
said school-house, church or other building ; or who shall
wilfully and maliciously, or wantonly and without cause,
destroy or injure any furniture, apparatus or other property
belonging to, or connected with any said school-house, church
or other building, shall be deemed guilty of a misdemeanor,
and upon conviction thereof, before a justice of the peace,
or any court of competent jurisdiction, shall be punished by
a fine not exceeding five hundred dollars, or by imprisonment
in the county jail not more than one year. \_Approved May
26, 1857.]

Chap. 22o An Act concerning the Neponset Bridge and Braintree and Weymouth

Turnpike.

Be it enacted, Sfc, as follows :

Section 1. The county commissioners of the county of
Norfolk may, with the assent of the proprietors of the
Neponset Bridge and the Braintree and Weymouth Turnpike
Corporation, lay out the turnpikes, ways, draws and bridges
of said corporations, as common highways, and in accord-

May be laid out
by county com-
missioners as
common high-
ways.

1857.— Chapter 223. 557

ance with the provisions of this act, and have and exercise w

the same powers relating thereto as are now had and exer-
cised in the laying ont of turnpikes ; excepting, that in the Exception as to
allowance and payment of damages, nnder the provisions Qf ^''"^''^''^'^•
the nineteentli section of the thirty-ninth chapter of the
Revised Statutes, so much of said section as subjects the
towns through which said roads and bridges pass, to refund
the same, shall not apply to this act.

Section 2. Said corporations are empowered to convey conveyance of

, . 1 . . ,^•n 1 • 1 1 • 1 1 franchises, sub-

to said commissioners, their Iranchises, roads, bridges, and ject to what pro-
all rights in said ways, and said commissioners are author- "^'^'o^s and trusts
ized to receive, hold, maintain and lay out tlie same, subject
to the following provisions and trusts, that is to say, — said
commissioners shall have the superintendence of said bridges,
and cause the same to be kept in good repair and safe and
convenient for travel, with draws and passage-ways for ves-
sels, and shall provide draw-tenders, toll-gatherers and other
necessary agents, and discharge the duties incumbent upon
said corporations, relative to the care and maintenance of said
draws and bridges.

Section 3. Said commissioners and their successors as Rights to take
trustees, shall have and hold said bridges, with the right and in county' ^com^
franchise to take tolls, at present rates, at the same or any ™'ssioners.
of the places upon said bridges and turnpikes where tolls
are now taken, as said commissioners shall determine ; and
the regulations prescribed in the acts concerning said cor-
porations, relating to the draws and bridges, the commuta-
tion of tolls, the persons from whom tolls may be collected,
and the remedies for enforcing said regulations, so far as the
same are applicable, shall be and remain in force while said
bridges are under the superintendence of said commissioners.

Section 4. The net annual income of the tolls collected tous, howdis-
as aforesaid, shall be applied to defray the ordinary charges '

and expenses of repair and maintenance of said bridges, and
if inadequate thereto, the deficiency shall be defrayed by said
county ; but the excess, if any, shall be invested and con-
stitute a fund, to accumulate until the same shall have reim-
bursed to said county such portion of the same, paid by said
county, as aforesaid, as the commit-sioners may direct, and
thereafterwards to be permitted to accumulate, until the in-
come of said fund shall, in the judgment of said commission-
ers, suffice for the future repair and maintenance of said
bridges, and such income may be then applied for that pur-
pose ; and said tolls may be renewed whenever said fund shall
prove inadequate to said purpose, subject to the right of the
legislature to reduce the rates of toll or abolish the same.

558 1857.— Chapter 224.

And said commissioners may permit said ways and bridges to

be free from tolls at such intervals, during the accumulation

Bridges, authori- of said fuud, as thcv uiav iudgc expedient. And said commis-

tv to fill up and . .1 • i • xi j.- x> ■ i j.

d:iscontiime. sioucrs are autliorized, in the execution oi said purposes, to
fill and make t^olid such part of said Neponset Bridge as
shall be by them deemed expedient, not closing or interrupt-
ing any channel. And after said bridges and ways shall be
taken under this act, said commissioners are authorized to
discontinue and remove entirely the bridge over Monatiquot
River, in Braintree, if in their judgment the public interests
shall require the discontinuance and removal of the same.

Liability for de- SECTION 5. Liability for defects in said bridges, shall

^cts in n ges, g^-gj. ^^^ ^^iQ part of tlic towus wherciii they respectively lie,
in like manner as in cases of defects in town ways, and the
damages which may be recovered for such defects, shall be
reimbursed to said towns from the fund aforesaid ; and in
case said fund shall be insufficient for said purpose, the
deficiency shall be supplied by the county ; but in sucli event
the fund sliall be permitted to accumulate, until it shall
reimburse to the county the sum so paid, with interest.

Consent of corpo- SECTION 6. Nothiiig lu tliis act contained shall be taken

ration required. , jxt-^i-j

or construed to limit, abridge, impair, or in any manner
affect the franchise or rights of the Neponset Bridge Corpo-
ration, without the consent of said corporation being previ-
ously given thereto, by vote.
Annual state- SECTION 7. Said commissioncrs sliall aiiiiually filc. Ill tlic
iTtl'e secretary's office of the sccrctary of the Commonwealth, a statement,
°®*=^- duly verified by oath, of the amount of tolls collected, and

expenditures for repairs and maintenance in the execution
of said trusts, exhibiting also the condition of said fund.
Act void unless SECTION 8.' This act shall not take effect, unless the same
town o^/auLcy*! shall be accepted by the inhabitants of Quincy, at a legal meet-
ing, duly held for said purpose. [Approved May 26, 1857.]

L'flCip. ZZ'± Ak Act authorizing Passports.

Be it enacted, Sfc., as follows :
Secretary of the Thc sccrctaiT of the Commonwcalth is hereby authorized

Commonwealth , . • • o ^ • r-i

authorized to is- to issuc to aiiy citizcii 01 this Commoiiwealtli, who may apply
sue passports, f^^^. ^^^^ g^^^^^ ^ passport Or Certificate, under the seal of the
Commonwealth, setting forth the age, and a general descrip-
tion of the person applying for the same, and that he is a
citizen of the Commonwealth of Massachusetts ; and such
passport or certificate shall be granted to any citizen, what-
ever his color may be ; and may be in any form which the
secretary of the Commonwealth may think expedient. [Ap-
proved May 26, 1857.]

1857.— Chapters 225, 226, 227. 559

An Act concerning Drains and Sewers in the City of Boston. Chap. 225

Be it enacted, (^r., as folloivs :

Section 1. Tlie board of aldermen of the city of Boston Board of auier-
may lay, make and maintain, in the said city, all such main to'^iay.makrand
drains or common sewers, through the lands of any persons ^^''^''^i" drains,
or corporations, as they shall adjudge to be necessary for the
public convenience or the public health ; and may repair all
such main drains or common sewers, from time to time,
whenever repairs thereof shall be necessary.

Section 2. Whenever any lands or real estate shall be Aviienever lands
taken by virtue of this act, the said board of aldermen shall ceedingsthlsame
proceed in the taking thereof in the same manner, in all for higuways!'^*^'^
respects, as they now are, or hereafter may be required by
law to proceed in taking land for public highways or streets ;
and all persons and corporations suft'ering damage in their
property, by reason of the laying, making or maintaining
any main drain or common sewer, as aforesaid, shall have all
the rights and remedies for the ascertainment and the recov-
ery of the amount of such damage, which are now, or
hereafter may be provided by law for the ascertainment and
recovery of damages for lands taken in said city of Boston
for public highways or streets.

Section 3. This act shall take effect from and after its
passage. \_Approved Blay 26, 1857.]

An Act to fix the Salaries of the District-Attorneys for the Northern, (JJian, 226
Eastern and Southern Districts. -^

Be it enacted, Sfc, af! follows :

Section 1. The annual salaries of the district-attorneys salaries estab-
for the northern and eastern districts, shall hereafter be ^'''^'^'^'
fifteen hundred dollars each ; and the annual salary of the
district-attorney for the southern district, shall hereafter be
twelve hundred dollars ; to be paid to them respectively, out
of the treasury of the State, in quarterly payments, and in
that proportion for any part of a quarter.

Section 2. This act shall take effect from and after its
passage. [^Approved May 26, 1857.]

An Act to incorporate the Winnisimmet Raih-oad Company. Chan 227

Be it enacted, Sfc, as folloivs :

Section 1. William R. Pearmain, Stephen Sibley, Thomas corporators.
H. Carruth, John Taylor, and their associates and successors,
are hereby made a corporation, by the name of the Winni- Name.
simmet Railroad Company, with power to construct, main-
tain and use a railway or railways, with convenient single or

560

1857.— Chapter 227.

Rates of fare.

Privileges, re-
strictions, &c.

double tracks, between Chelsea or Winnisimmet Ferry, and
some convenient point in or near that portion of Chelsea
called Prattville, vipon the following routes, viz. : — Begin-
ning on Winnisimmet Street, in said Chelsea, at or near the
Winnisimmet Ferry ; thence upon and over said Winni-
simmet Street, and over and upon Broadway, so called, or
streets parallel therewith, to Washington Avenue ; upon and
over Washington Avenue to Woodlawn Ceme-tery, or some
convenient part of Prattville, so called, as the city council
of Chelsea sliall fix and determine. The said corporation
shall have power to fix, from time to time, such rates of
compensation for transporting persons or property, as they
may deem expedient, not exceeding five cents for each pas-
senger, 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. And
provided that any time after the expiration of one year from
the opening for use of said railroad in any street in which
the same may be Icrcated, as provided by its charter, tiie city
council of Chelsea may, by vote of the majority, determine
as to the said track, that the same or any part thereof be
discontinued, and thereupon the location shall be deemed
revoked, in conformity with such vote of the city council :
provided, that such taking and removal shall be at the expense
of the said railroad company.

Section 2. If any other railroad corporation shall obtain
from the city council of said Chelsea authority to lay a track
upon any route or street between Winnisimmet Ferry and
Prattville, before the like authority shall have been obtained
by this corporation, then so much of tliis act as authorizes
the corporation hereby created, to lay a track or tracks in
said street or route, shall become void. But this corporation
may enter upon and use the track or tracks obtained by
such other corporation upon such route or street, in such
mode, and for such rates of compensation as may be agreed
upon ; or in case of disagreement, such mode or rates may
be fixed by three commissioners, to be appointed by the
supreme judicial court. Or tliis corporation, by leave of
such city council, may construct their track over any other
parallel street on their route to said Prattville.
City council to SECTION 3. No railroad tracks shall be laid by said cor-
poration, in Clielsea, before the acceptance of this act, by the
city council thereof; and such tracks shall be constructed in
such manner, and laid at such distances from the sidewalks
on the streets through wliich said railroad may be located
under this act, as the said board, upon their acceptance of

Location granted
to any other rail-
road.

accept, &c.

1857.— Chapter 227. 561

this act, direct : provided^ that before the location of this Proviso.

road by the city council aforesaid, they shall give notice in

some newspaper printed in said city, to the abutters, in the Notice to abut-

streets througli which said railroad is proposed to be located,

seven days at least before the hearing, that the abutters may

respectively show cause, if any there be, why said location

should not be made as aforesaid. And the written assent of

said corporation to any vote or votes of the said city council,

shall be filed with the city clerk.

Section 4. Said tracks or roads shall be operated and Horse-power
used by the said corporation with horse-power only, and it
shall not connect its track with any other railroad on which
other power is used. The mayor and aldermen shall have
power at all times to make such regulations as to the rate of
speed and mode of use of the said tracks, as the public
safety and convenience may require.

Section 5. Said corporation shall maintain and keep in Repau-s, &c.
repair such portions of the streets in said city, as shall be
occupied by their tracks, and shall be liable for any loss or
mjury that any person may sustain by reason of any care-
lessness or misconduct of its agents or servants, in the man-
agement, construction or use of said tracks ; and in case any
recovery shall be had against said city, by reason of any such
defect or want of repair, said railroad corporation shall be
liable to pay said sum or sums recovered against it, together
with all costs and reasonable charges incurred by the said
city, in defence of the said suit or suits in which recovery
shall be had ; and sliall not encumber any portion of the
street not occupied by said road or tracks.

Section 6. if any person shall wilfully and maliciously Fine for obstmc-
injure said track or tracks, or obstruct said corporation in '°" °'' ™J'*''^-
the use of said railroad or tracks, or the passing of the cars
or carriages of the said corporation thereon, such person,
and all who shall be aiding or abetting therein, shall be pun-
ished by a fine not exceeding five liundred dollars, or may
be imprisoned in the common jail for a period not exceeding
three months. If said corporation, or its agents or servants,
shall wilfully and maliciously obstruct any highway, or the
passing of any carriage over the same, such corporation shall
be punished by a fine not exceeding five hundred dollars.

Section 7. The capital stock of this corporation shall ^^'^^^^ inshawa
not exceed seventy-five thousand dollars, to be divided into of $50each.
shares of fifty dollars each ; and no share 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.

Section 8. The city of Chelsea may, at any time during ^''y of cheisea

562 1857.— Chapter 227.

may purchase the contiiiiiance of the charter of the said corporation, and
lanc ise, c. g^fj-gj, ^gj^ jcars from the opening of any part of the road for
use, purchase of the said corporation all franchise, property,
rights and furniture of said corporation, by paying them
therefor such a sum as will reimburse to each person who
may be then a stockholder therein, the par value of his stock,
together with a net profit of ten per cent, per annum from
the time of the transfer of said stock to him on the books of
the corporation, deducting the dividends received by said
stockholders thereon.

ferso^niusTate'^^ SECTION 9. Said corporatiou shall have power to purchase
and hold such personal and real estate in said Chelsea, as
may be convenient and necessary for the purposes and man-
agement of said road.

Gauge and grade SECTION 10. The sald road shall be constructed and

of road. . ~ ,

maintained in such form and manner, and upon such grade
and with such gauge as the mayor and aldermen may, in
their vote accepting this act, as herein provided, prescribe
and direct. And whenever, in the judgment of said railroad
corporation, it shall be necessary to alter the grade of any
street so occupied by it, such alteration may be made at the

Proviso. sole expense of said corporation : provided, the same shall

be assented to by the city council.

Act not to pre- SECTION 11. Nothing in this act shall be construed to

vent authorities, P. [. . i i •

&c. prevent the city authorities irom entering upon and taking

up any of the public streets traversed by said railroad, for any
purpose for which they may now lawfully take up the same.

Act void, unless, SECTION 12. This act shall be void, so far as it relates to
the right to construct said road in the streets or roads of
said city, unless the same shall be accepted by the city coun
cil of the said city, and unless the same shall be accepted by
the said company, and ten per cent, of the capital stock paid
in within two years from the passage of this act.

Damages, if con- SECTION 13. If Said corporatioii construct their road over

Structed over the , i/.i ni m -i i/^ii -n-i r-i

route of the sa- the I'oad 01 the "Salem lurnpike and Chelsea Uridge Cor-

lem Turnpike and ^-jjiii ••j^i e ^ i

Chelsea Bridge poratiou, ail damagcs arising thereirom, unless agreed
Corporation. upon by the parties, shall be fixed by three commissioners,
Eeturns. to bc appointed by the supreme judicial court. Said corpo-

ration shall be deemed a railroad corporation so far as to
make such annual returns to the legislature as are or may
be required by law ; but not subject to the other general
provisions of law in relation to railroad corporations.
transfer itT rn"' SECTION 14. Tlic corporatlou liercby created, is author-
erty to any other ized aiid ciupowered to lease or transfer all its property,
corporation. j.jg|^|-g g^jj^j privileges, or any part thereof, or of its tracks, to
any other like corporatioii now existing, or which may here-

1857.— Chapter 228. 563

after be created, for the purpose of constructing a railroad
track over and upon any part of the route contemphited by tliis
act, on such terms, and to such extent, as may be mutually
agreed upon between the parties ; and make and execute
any transfers, contracts or agreements that may be deemed
necessary or proper for the purpose ; and the corporation Purpose,
receiving such transfer shall thereupon have and hold the
portion or property so transferred, with all the rights and
privileges, and subject to the same restrictions and provisions
as were applicable to this corporation.

Section 15. The existence of said corporation is hereby Duration.
limited to the period of fifty years from the passage of this
act : provided^ nevertheless^ that the legislature may, at any Proviso,
time, repeal this act, or limit and restrict the powers herein
granted. [^Approved May 'I'd, 1857.]

An Act relating to Divorce. Chap. 228

Be it enacted, Sfc, as fulloivs :

Section 1. Whenever a divorce from the bed and board boIX^'of'matri''
has been or shall be decreed for any cause nnder the sixth mony, after (U-
section of the seventy-sixth chapter of the Revised Statutes, ImrboarTwhen
and the parties have or shall have lived separate, for five creeT^ ^^ '^^'
consecutive years next after such decree, a divorce fj-om the
bonds of matrimony may be decreed upon the petition of
the party upon whose petition such decree of separation was
granted ; or after the parties have, or shall have lived
separate for ten conseciitive years, such divorce from the
bond of matrimony may be decreed in favor of either
party.

Section 2. A divorce from the bond of matrimony may wvorcea maybe

1 1 1 • c c • j.\ i • 11 1 f ilecreed to either

be decreed in lavor oi either party m all cases when one of party after a de-
the parties has deserted, or shall hereafter desert the other years™ "^ *^^
for the term of five years consecutively : provided, that when Proviso.
the libel is filed by the party deserting, it shall appear that
the desertion was caused by extreme cruelty of the other
party, or in case the libel is filed by the wife, that the deser-
tion was caused by the gross or wanton and cruel neglect to
provide suitable maintenance for her by the husband, he
being of sufficient ability so to do.

Section 3. When a divorce is decreed for any of the The court shaii
causes aforesaid, the court decreeing the same shall have full g^nt aCo^y. *°
power, according to the circumstances of each case, to decree
alimony to the wife, or any share of her estate in the nature
of alimony to the husband.

Section 4. The one hundred and twenty-sixth chapter Repeal..

564 1857.— Chapters 229, 230.

of the acts of the year eighteen hundred and thirty-eight,
entitled, " An Act relating to Divorce," is hereby repealed :
Proviso. provided, that this act shall not affect any case or proceedings

now pending. [^Approved May 26, 1857.]

Chap. 229 An Act to perpetuate the Evidence of Title to Real Property obtained
under Mortgage Deeds containing a Power of Sale.

Be it enacted, ^c., as follows :

Mortgagee may SECTION 1. In all cascs, in which a power of sale is

upon breach of . , . i i p i i

the condition, Contained ni a mortgage deed oi real property, the mortgagee,
give notice, c. ^^, ^^^^ porson having his estate therein, or in or by such
power authorized to act in the premises, may, upon a breach
of the condition thereof, give such notices and do all such
acts as are authorized or required by such power : and he
shall, within thirty days after selling such real property, in
pursuance of sucli power, file a copy of the notice and his
affidavit, in the office of the registry of deeds in the county
or counties where such real property is situated ; which affi-
davit shall set forth his acts in the premises fully and
particularly. Such affidavit and copy of notice shall be
recorded by the register, with a note of reference thereto, on
the margin of the record of the mortgage deed. And if it
shall appear by sucli affidavit, that he has in all respects
complied with the requisitions of such power of sale, in
relation to all things to be done by him before selling such
real property, and has sold the same in the manner required
by such power of sale, the affidavit, or a duly certified office
copy of the record thereof, shall be admitted as evidence
that the power of sale was duly executed.
Sale may bar all SECTION 2. If the mortgage deed was executed by a man
claim of dower, leaving at that time no lawful wife, or if being married, the
wife of the mortgagor joined in such deed, in token of her
release of dower, such sale shall be effectual to bar all claim
and possibility of dower in such real property. [Approved
May 26, 1857.]

Chap. 230 An Act in addition to an Act to incorporate the West Roxbury Railroad

Company.

Be it enacted, dfc, as follows :

Location, SECTION 1 . The Wcst Roxbury Railroad Company is hereby

authorized to lay a track or tracks, from the line separating the
town of West Roxbury, and the city of Roxbury, on Centre
Street, through and over Centre, Lowell, Washington and Tre-
mont Streets, in the city of Roxbury, and over Tremont Street

To connect, &c. ill tlic city of Bostoii ; and to connect said track or tracks with
the track or tracks of the Metropolitan Railroad Company,

1857.— Chapter 230. 565

on Tremont Street, near Dover Street, in the city of Boston,
or at any other point on said Metropolitan Railroad, on the
above sti'eets, between said Dover Street and the West Rox-
bury line, or at said line : provided^ said location shall be Proviso,
authorized and accepted by the city councils, respectively,
of the cities of Boston and Roxbury : provided, further, that Provided further.
all tracks of said railroad shall be laid at such distances
from the sidewalks in said cities as the mayors and aldermen
thereof shall determine to be for the public safety and con-
venience. Said corporation shall have power to fix, from Rates of fare,
time to time, such rates of compensation for transporting
persons or property thereon as they may think expedient ;
and be subject to all the duties, restrictions and liabilities,
and entitled to all the rights and privileges prescribed by the
forty-fourth chapter of the Revised Statutes, so far as the
provisions of said chapter are applicable thereto.

Section 2. The West Roxbury Railroad Company is ^ay run upon
hereby authorized to enter upon and run their cars over the Me^tropoiitan r.
tracks of the Metropolitan Railroad Company from the point ^'
of junction to the Tremont House, and to return through
Tremont, Boylston, Washington and Dover Streets, to Tre-
mont Street again, to complete the circuit, or through such
streets as the ma3'or and aldermen of the city of Boston may
hereafter authorize ; with power and authority to construct
and maintain all necessary connections, paying such rates of
compensation as may be agreed upon ; and in case of dis-
agreement as to such rates, or any other matter, the same
shall be fixed and determined by three commissioners to be
appointed by the supreme judicial court.

Section 8. Said tracks or road shall be operated and used iiorse-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 mayors and aldermen of said cities
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.

Section 4. Said corporation shall maintain and keep in Repairs, &c.
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 \ise of said tracks or
roads ; and in case any recovery shall be had against said
cities by reason of such defect, want of repair or use, said
corporation shall be liable to pay to said cities any sums thus
recovered against it, together with all cost and reasonable

ing, &c.

566 1857.— Chapter 230.

expenditures incurred by said cities, iu 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
not occupied by the said road or tracks.

Fine for obstruct- SECTION 5. If any pcrsou shall wilfully and maliciously
obstruct said corporation in the use of said road or tracks,
or the passing of the cars or carriages of said corporation
thoreon, such person or persons, and all who shall be aiding
or abetting 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 corpo-
ration or its agents or servants shall, wilfully and maliciously,
obstruct any highway, or the passing of any carriages over
the same, such corporation shall be punished by a fine not
exceeding five hundred dollars.

^^ay^oifi real SECTION 6. Said Corporation shall have power to purchase

and hold such real estate, within said cities, as may be neces-
sary or convenient for the purposes and management of said
road.

Boston and Rox- SECTION 7. The citlcs of Bostou and Roxbury may, at

chase franchise, Euy time duriug the continuance of the charter of said cor-

^^' poration, and after the expiration of ten years from the

opening of any part of said road for use, purchase of said
corporation all the franchise, property, rights and furniture
of said corporation, by paying them therefor such a sum as
will reimburse to each person who may then be a stockholder
therein, the par value of his stock, together with a net profit
of ten per cent, per annum, from the time of the transfer of
said stock to him on the books of the corporation, deducting
the dividends received by said stockholder thereon.

Grade and gauge SECTION 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 mayors and aldermen of said cities
may, in their votes, fixing and determining 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 the sole expense of said corporation : pro-

proviso. vidcd, the same shall be assented to by the mayors and alder-

men of said cities.

Mayor and alder- SECTION 9. At anytime alftcr the expiration of six months

men may discon- r- +!+■ en- ii • i r> • -> -^ ^

tinue the location irom the time 01 nxmg and locating the tracks of said railroad,

of the road

n any street in which the same may be located, as provided
by its charter, the mayor and aldermen of the cities of Bos-
ton and Roxbury respectively, may, by votes of the major
part thereof, determine as to so much of said track as is

1857.— Chapter 230. 567

located within the limits of their respective cities, that the
same, or any part thereof, may be discontinued ; and there-
upon the location shall be deemed to be revoked, and the
tracks of said railroad, if the same shall have been laid,
shall forthwith be taken up and removed, in conformity with
such vote or order of said mayor and aldermen : provided, Proviso.
that such taking up and removal shall be at the expense of
said railroad company.

Section 10. Nothino; in this act shall be construed to Act not to pre-

. ^. . „ . , . . (, , . vent authorities,

prevent the city authorities oi said cities irom taking up &e.
any of the public streets traversed by the said railroad, for
the purposes for which they may lawfully take up the same.

Section 11. Ten per cent, of the additional capital hereby Ten per cent, of
authorized shall be paid in v>'ithin two years from the pas- to be paid, &c.
sage of tliis act.

Section 12. The said corporation shall be deemed a rail- Returns.
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 tlie other general provisions of law in rela-
tion to railroad corporations.

Section 18. The West Roxbury Railroad Company are ^""'^a^e °f capi-

, , 1-1. i-.i,ii i^ •! tal Stock $200,000

hereby authorized to increase their capital stock to an amount
not exceeding two hundred thousand dollars, making it four
hundred thousand dollars in all, to be divided into shares of
fifty dollars each ; and no shares shall be issued for a less
sum, to be actually paid in on each, than the par value of
the shares which shall fii-st be issued.

Section 14. The existence of said corporation is hereby Duration.
limited to the period of fifty years from the passage hereof.

Section 1.5. This act shall be void, provided the Metro- Act yoki provw-
politan Railroad Company shall have extended and completed tanKaiiroad co.
the tracks of their road over said Tremont, Washington, e^f'^na its tracks,
Lowell and Centre Streets, to the line of West lloxbury, as
authorized by their charter, on or before the first day of Sep-
tember next, and shall there connect with the West Roxbury
Railroad on such terms as shall be fixed by three commis-
sioners, to be appointed by the supreme judicial court, in case
of disagreement between the two companies ; mn^ provided, provided further.
further, that the said Metropolitan Railroad Company shall
have given the petitioners notice on or before the first day of
July next, of their intention so to build over the above
streets to the West Roxbury line.

Section 16. Any provisions or conditions in the charter conflicting pro-
of any existing railroad, that may conflict with the provi- charters repealed
sions of this bill, are hereby repealed. \^Approved May 26,
1857.]

ingia possessioQ.

ing.

568 1857.— Chapter 231.

Chap. 23 1 -^N ^^'^ i" relation to Worthless Bank Bills.

Be it enacted, SfC, as follows :
Penalty for bav- SECTION 1, If aiiv persoii sliall liavG ill liis possession at
the same time, nve or mofe uncurrent bank bills or notes,
which are worthless as bank bills or notes, knowing the same
to be worthless as aforesaid, or papers not bank bill or notes,
but made, in the similitude of bank bills or notes, or papers
purporting to be the bills or notes of any bank which has
never existed, knowing the character of such papers, with
intent to pass, utter or circulate the same, or to procure any
other person to do so, for the purpose of injuring or defraud-
ing, he shall be punished by imprisonment in the state prison
for not more than five years, or by fine not exceeding five
hundred dollars, and by imprisonment in the house of cor-
rection not exceeding three years,
uttering or pass- SECTION 2. Any pcrsoii who sliall uttcr or pass, or tender
in payment as true, any such worthless or uncurrent bank
bill or note, or any paper not a bank bill or note, but made
in the similitude of a bank bill or note, or any paper
purporting to be the bill or note of any bank which has
never existed, knowing the same to be worthless and uncur-
rent, as aforesaid, with intent to injure and defraud, shall be
punished by imprisonment in the state prison for not more
than five years, or by a fine not exceeding five hundred
dollars, and by imprisonment in the house of correction not
exceeding three years.
Officer shall pro- SECTION 3. Wheiicver any worthless and uncurrent bank
i'n^chapterTes of bills or iiotcs. Or papers described in this act, shall come to^
^^^^' the possession of any sherift", constable, police officer, or other

officer of justice, the same proceedings shall be had in
relation to them, as is provided in the one hundred and sixty-
eighth chapter of the acts of the year one thousand eight
hundred and fifty-five, in relation to counterfeit bank bills.
Powers and du- SECTION 4. Evciy bank uow established, or which may be
established in this Commonwealth, shall have the same powers,
and be subject to the same duties, in relation to the bank bills,
notes and papers in this act described, as are now provided
in the three hundred and seventy-eighth chapter of the acts
of the year one thousand eight hundred and fifty-three, in
relation to counterfeit and altered bills, except that instead
of the word " counterfeit," or " altered," the word " worth-
less," shall be stamped thereon, [^Approved May 26, 18,57.]

1857.— Chapters 232, 233, 234. 569

An Act relating to Auctioneers. Chap. 232

Be it enacted, Sfc, as follows :

Section 1. Each auctioneer licensed under the provi- Auctioneer to
sions of the twenty-ninth chapter of the Revised Statutes, q'tLrea""
shall give a bond, if required by the persons granting his
license, in a reasonable penalty, with sufficient sureties, to
the treasurer of the town or city where he may be licensed,
with condition that he shall, in all things, conform to the
laws relating to auctions.

Section 2. If any auctioneer or other person shall be Penalty for fraud
guilty of any fraud or deceit, in relation to sales by auction,
he shall for every such ofience, forfeit a sum not exceeding
one thousand dollars.

Section 3. The sixth section of the twenty-ninth chap- statutes and laws
ter of the Revised Statutes, — all of the ninth chapter of .the
Revised Statxites except the first three sections, — the two
hundred and sixty-fourth chapter of the acts passed in the
year eighteen hundred and forty-seven, — the forty -second
chapter of the acts passed in the year eighteen hundred and
fifty, and the two hundred and eighty-sixth chapter passed
in the year eighteen hundred and fifty-two, are hereby
repealed : provided, however, that this repeal shall not Proviso,
operate to revive any law repealed by any of said acts.
{^Approved May 26, 1857.]

An Act concerning the Crime of Embezzlement. Ch(ip. 233

Be it enacted, Sfc, as follows :

If any person, to whom any money, goods, or other prop- Embezzlement of
erty, which may be the subject of larceny, shall have been nwrbe^the^s^ub^
delivered, shall embezzle, or fraudulently convert to his own jfct of larceny.
use, or shall secrete, with intent to embezzle, or fraudulently
convert to his own use, such money, goods or property, or
any part thereof, he shall be deemed, by so doing, to have
committed the crime of simple larceny. \^Apj)ri>ved May
26, 1857.]

An Act in addition to " An Act to incorporate the Proprietors of the Chcip. 234
Catholic Cemetery, in Dorchester."

Be it enacted, SfC, as follows :

Section 1. The Catholic Cemetery Association, in Dor- ^^^^ }°^^.^x"'^^^'^
Chester, is hereby authorized to hold real and personal estate personal estate to
necessary and convenient for the purposes mentioned in said
act of incorporation, passed May twenty -fourth, eighteen
hundred fifty-one, of tlie value of ten thousand dollars, in
addition to the amount which said corporation is now entitled
to hold.

amount of $10,-
000.

570 1857.— Chapter 235.

Act not to af- Section 2. Notliiiig herein coiitaiiied sliall be construed
of 3a and 4th to repeal, impair or affect the provisions of sections three
ter25rof isK.'' ^^^^ ioiiY of chapter two hundred and fifty-seven of the acts
of eighteen hundred fifty-five, or to permit the associa-
tion aforesaid to use any land for the burial of the dead, not
now appropriated for a burial ground, without the consent
of the town or city in which it lies, expressed at some
May locate in mectiiig Specially called for that purpose. And the said
^isew^iferr with cathoHc ceiueteiy association may locate and use such burial
consent, &c. grouiid ill thc towii of Dorclicster, or in either of the ad-
joining towns, the same giving its consent as aforesaid :
Proyiso. provided, that if the consent of any town is once refused, at

a meeting called as aforesaid, no subsequent meeting shall
be called for the purpose.

Section 3. This act shall take effect from and after its
passage. \_Approved May 26, 1857.]

Chap. 235 An Act to exempt Certain Articles from Attachment and Execution.

Be it enacted, SfC, as follows:
Articles of per- SECTION 1, Thc followiug articlcs of personal property

sonal property in itii ,1, iiii

exempted. Shall not DC liable to attachment on mesne process, and shall

be exempted from execution, to wit : —

First. — The necessary wearing apparel of the debtor, and
of his wife and children ; one bedstead, bed, and the neces-
sary bedding for every two persons of the family ; one iron
stove, used for warming the dwelling-house ; and fuel, not
exceeding the value of twenty dollars, procured and designed
for the use of the family.

Secondly — Other household furniture, necessary for the
debtor and his family, not exceeding one hundred dollars in
value.

Thirdly. — The Bibles and school books, and library used
by the debtor or his family, not exceeding fifty dollars in
value.

Fourthly. — One cow, six sheep, one swine, and two tons
of hay.

Fifthly. — The tools, implements, and fixtures of the debtor,
necessary for carrying on his trade or business, not exceeding
one hundred dollars in value.

Sixthly. — Materials and stock of the debtor, designed and
procured by him for carrying on his trade or business, and
necessary therefor, and intended to be used or wrought
therein, not exceeding one hundred dollars in value.

Seventhly. — Provisions necessary, procured and intended
for the use of the family of the debtor, not exceeding fifty
dollars in value.

1851— Chapters 236, 237. 571

Eighthly. — One pew belonging to the debtor, and occupied
by him or his family, in a house of public worship : provided^ Proviso.
that nothing herein contained shall prevent the sale of any
pew for the non-payment of any tax legally laid upon said
pew.

Ninthly. — The uniform of an officer, non-commissioned
officer or private in the militia, and the arms and accoutre-
ments required by law to be kept by him.

Tenthly. — Rights of burial, and tombs, while in use as
repositories for the dead.

Section 2. The twenty-second section of the ninety- statutes repealed
seventh chapter of the Revised Statutes, the seventy-fifth
chapter of the statutes of the year one thousand eight hundred
and thirty-nine, the two hundred and sixty-second chapter
of the statutes of the year one thousand eight hundred and
fifty-one, and the two-hundred and sixty-fourth chapter of
the statutes of the year one thousand eight hundred and
fifty-five, are hereby repealed. \^Approved May 26, 1857.]

An Act concerning the discoveiy of a Remedy for the Potato Disease. ChciO. 236
Be it enacted, Sfc., as follovjs :

Section 1. The act of eighteen hundred and fifty-seven. Applications for
repealing chapter eighteen, of the resolves of eighteen hun- p'"'*™"'"'
dred and fifty-one, shall not affect applications for the pre-
mium offered in said chapter of the said resolves, made
previous to its passage, and such applications are hereby
referred to the board of agriculture.

Section 2. It shall be the duty of the board of agricul- Board of agricul-
ture to investigate the various methods of arresting the '"'^ *» ^port.
disease of the potato, proposed in the aforesaid applications,
and to report the results of their investigations to the legis-
lature, for its action thereon. \^Aj)proved May 27, 1857.J

An Act In relation to Common Carriers. Chap. 237

Be it enacted, SfC, asfolloivs :

Whenever any common carrier shall have transported Meats, ssii, fruit
property consisting of fresh meats, fresh fish, shell-fish, fruit *" ^'^^'^ *
or vegetables, to their place of destination, and shall have
notified the owner or consignee of the arrival of the same,
and the owner or consignee thereof shall, after such notice,
omit or refuse to receive and take away the same, and pay
the freight and proper charges thereon, the same property carrier may seii
may be sold forthwith by said carrier, (in the exercise of a "dnsiguee^&c. °^
reasonable discretion,) for whom it may concern, at public
or private sale, without advertising, and the proceeds shall
23

572 1857.— Chapter 238.

be paid over to the owner or consignee, after deducting the
amount of said freight and cliarges thereon, and expenses of
Proviso. sale : provided, however, that if the owner or consignee of

said property cannot be found on reasonable inquiry, such
sale may be made without the notice herein required to be
given. \^Approved May '2.1 , l^bl .']

ChctV. 238 ^^ -^'^'^ *o change the Boundary Line between the Towns of Lynnfield

and North Reading.

Be it enacted, Sfc., asfolloivs :
Boundary line SECTION 1. So mucli of the towu of Nortli Reading, in
the county of Middlesex, as lies south-easterly of a line
commencing at the stone monument on the line between the
towns of Reading and North Reading, at the north-west
corner of Israel A. Parsons' land, and thence running north,
fifty-three degrees east, one hundred and sixty rods to a stone
monument on the easterly side of the dwelling-house owned
by Charles Norwood, witli all the estates thereon, is hereby
set off" from said town of North Reading and annexed to the
town of Lynnfield, in the county of Essex ; and so much of
said town of Lynnfield, as lies north-westerly of a line com-
mencing at tlie stone monument last described, and thence
running north, thirty-five degrees east, three hundred rods,
to a stone monument on the southerly bank of Ipswich
River, opposite the school-house in the east school district,
in said town of North Reading, with all the inhabitants and
estates thereon, is hereby set oft' from said town of Lynn-
field, and annexed to said town of North Reading.
Taxes of inhabi- SECTION 2. The Said inhabitants and estates so set ofl',
set off^" "^^ ^ '^^ shall be liable to pay all taxes that have been legally assessed
on them, by the towns of Lynnfield and North Reading
respectively, in the same manner as if this act had not been
passed.
Support of pau- SECTION 3. If any persons who have heretofore gained a
^^""^^ legal settlement in said town of Lynnfield, by reason of res-

idence on the territory set oft' to the town of North Read-
ing as aforesaid, or who may derive such settlement from
any such residence, shall hereafter come to want and stand
in need of relief, or support, as paupers, they shall be re-
lieved and supported by said town of North Reading, in the
same manner as if they had gained a legal settlement in
that town.
Proportion of SECTION 4. The towu of North Reading shall pay to the

treasurer of the town of Lynnfield, until the next decennial
census, the just proportion of all state and county taxes which
may be assessed upon said town of Lynnfield ; said proportion

1857.— Chapter 239. " 573

to be determined by the excess of the valuation of the polls
and estates hereby set off to North Reading, over and above
the valuation of the estates hereby set off to said Lynnfield,
according to the valuation thereof next preceding the passage
of this act.

Section 5. Those portions of the toAvns of Lynnfield and Eiec«on of ^ena-
North Reading hereby set off, respectively, from each to seutatlves. '^''""'^"
the other, shall, for the purpose of electing senators and
representatives to the general court, until the next decen-
nial census, or until another apportionment of senators and
representatives, remain as before the passage of this act,
parts of the said towns of Lynnfield and North Reading,
respectively ; and the inhabitants of the said portions shall
vote in the election of the aforesaid officers, with the inhab-
itants of that town in which the territory where they shall
reside was situated prior to the passage of this act.

Section 6. This act shall not take effect until it shall fff^',"-^„*"i ^^^^
have been duly accepted by the towns of Lynnfield and ceptea, &c.
North Reading, at meetings legally called and held for that
purpose. [Approved May 27, 1857.]

An Act to extend and unite the Hampshire and Hampden Raih-oad with Chap. 239
the Connecticut River Raih-oad.

Be it enacted^ S^c, as follows :

Section 1 . The commissioners that have been or may commissioners
hereafter be appointed under the act of the twenty-fourth detemiiM how.
day of May, in the year eighteen hundred and fifty-six, enti-
tled, " An Act authorizing the Hampshire and Hampden
Railroad Corporation to extend their Railroad," are hereby
authorized and empowered to define and determine how the
said Hampshire and Hampden Raih-oad Corporation sliall
connect, in conformity with the provisions of their original
act of May twenty-second in the year eighteen hundred and
fifty-two, with the Connecticut River Railroad, so as to best
promote the convenience and accommodation of the public,
regard being liad to the situation and circumstances of both
railroads. And the said commissioners may impose such May impose niies
rules and regulations respecting the mode in which the two a" to us?of tmck^
corporations aforesaid may use the tracks incident to this *"'■
connection, and may also decide and determine all questions
incident thereto in law or equity which may arise.

Section 2. The Hampshire and Hampden Railroad Cor- Hampshire and
poration are hereby authorized to extend their road, in order roadcorpora'tron
to connect and unite with the Connecticut River Railroad in may extend.
conformity with the determination of the commissioners,
which determination, in this respect, shall be conclusive
on tlie parties. [Approved May 27, 1857.]

614:

1857.— Chapter 240.

Chap. 240

Form of return
to be made by
Horse Railroad
Corporations.

An Act concerning the Annual Returns of Railroads.
Be it enacted^ SfC.^ as follows :

Section 1. Every horse or street railroad corporation
that has been, or may be hereafter incorporated, shall,
instead of the retnrn now required from them by law, here-
after render to the secretary of the Commonwealth, each
year, a return that shall embrace full and complete informa-
tion upon the several items hereinafter enumerated.

[FORM OF RETURN.]

Condition of the Company.

Capital stock, fixed by charter,

Capital stock, as voted by the company,

Capital stock paid in, in cash,

Capital stock paid in, in work and materials, by contractors
and others,

Fvmded debt,

Floating debt, /

Total debt,

Amount of above debt secured by mortgage of the road and
franchise, or any property belonging to the corporation, or
standing in its name,

Number of mortgages on road Snd franchise, or any property
of -the corporation, specifying the number and amount of
mortgages on road and franchise, and each kind of property.

Amount of assets on hand, exclusive of the road and equip-
ment, and exclusive of all property on hand, used, or which
is to be used, in running the road and keeping it in repair.

Cost of the Road.

Amount expended for labor in excavating for the track, laying
foundation and rails,

Amount expended for timber for foundation,

Amount expended for iron and other metal for rails, chairs,
spikes, or other articles, used in building the road,

Amount expended for paving,

Amount expended for paving stones,

Amount expended for engineering,

Amount expended for interest, salaries of officers during con-
struction of road, and other expenses not included in any of
the above items, which have been included on the books of
the company in the cost of the road, not including items of
equipment or i-unning expenses, as mentioned below,

Total cost of road,

Amount included in the present and in past years, among the
running expenses for estimated or actual depreciation of the
road,

Net cost of road,

Cost of Equipment.

Number of cars, and cost,

Number of horses, and cost,

1857.— Chapter 240.

575

Cost of omnibuses, sleighs and other vehicles, excepting cars,
owned by the company,

Cost of land and buildings thereon when purchased,

Cost of buildings used for offices, stables, &c., erected by the
company, or standing on land not owned by the company,. .

Cost of other articles of equipment, (specifying what,)

Total cost of equipment,

Amount included in the present and in past years in the run-
ning expenses for estimated or actual depreciation of any of
the above items,

Net amount at Avhich the equipment stands charged on the
books of the company,

Characteristics of the Road.

Length of single main track,

Length of double main track,

Total length of road,

Length of branches owned by the company, stating whether

they have a single or double track,

Aggregate length of switches, sidings, turnouts, and other track,

excepting main track and branches,

Total length of rail,

Weight of rail used, per yard, (specifying whether of cast or

rolled iron,)

Maximum grade, per mile, on road, with length of grade,. . . .

Shortest radius of curvature, with length of curve,

Greatest length of single track on road between two turnouts,
Total length of main track which is paved,

Doings during the Year.

Total number of miles run during the year,

Number of passengers carried in the cars, T

Rate of speed adopted, including stops and detentions,

Rate of speed actually attained, including stops and detentions.
Number of persons employed, regularly, (specifying the occu-
pations of each,)

Total number of trips run during the year,

Average number of passengers each trip,

Expenditures for Working the Road.

For repairs of road, including repairs of foundation, renewals
of iron, and renewals of pavement,

For general repairs, including repairs of cars, omnibuses and
harnesses, and for shoeing horses,

For repairs of real estate, including repairs of buildings used
as stables, offices, or for any other purposes, by the company,

For wages, including the v/ages of every person regularly em-
ployed, excepting the president, directors, superintendent
and treasurer, \ .

For interest,

For taxes and insurance,

For tolls paid other companies for the right to pass over their
roads,

For rent paid other companies for use of their roads,

For provender, — to include cost of hay, grain, straw, or other
articles, used for the food and bedding of horses,

576 1857.— Chapter 240.

For miscellaneous articles purchased during the year — such as
harnesses, blankets, &e., the use of which continues for one
or more years — and not included in the cost of equipment, .
For loss on horses — that is to say, the difference between the
present estimated value of the horses owned by the company
subtracted from the estimated value of those on hand at the
commencement of the year, added to the cost of those pur-
chased during the year; or if this is the first report of the
company, then the difference between the estimated value
of the horses on hand, and their cost — giving the present

average estimated value of each horse,

For incidental expenses, — to include printing, president's,
directors', treasurer's and superintendent's salaries, and all
expenses other than those belonging to the actual working

of the road,

For all other expenses,

For amount charged on the company's books during tlie year,
for estimated or actual depreciation of the following pro-
perty :—

Cars, '. f

Horses,

Omnibuses, ,

Real Estate,

Road,

Other property,

Total,

Total expenses,

Earnings.
Received from passengers in cars and omnibuses, and for tickets

sold,

From other roads, as toll or rent for use of road,

From United States mails,

For sales of manure,

From other sources,

Total earnings,

Net earnings, after deducting expenses,

Surplus earnings of previous year, on hand,

Net earnings, as above,

Total surplus for payment of dividends,

Dividends declared during the year,

Total percentage of dividends lor the year,

Present surplus,

Miscellaneous.
Increase during the year —

Of capital stock as fixed by the charter,

Of capital stock as voted by tlie company,

Of capital stock paid in,

Increase of funded debt, during the year,

Increase of floating debt, during the year,

Decrease of funded debt, during the year,

Decrease of floating debt, during the year,

Increase of mortgage debt, during the year,

Decrease of mortgage debt, during the year,

1857.— Chapter 240. 577

Increase in cost of road, during the year, including amount
charged for depreciation thereon,

Decrease in nominal cost of road, by amount charged for de-
preciation thereon,

Increase in cost of equipment, during the year, including
amount charged for depreciation thereon,

Decrease in cost of equipment, by sale of any portion thereof,
or by amount charged for depreciation,

List of accidents on road, during the year,

Section 2. The returns required by this act shall be Returns to be
made at the same time, and in the same manner, as the when!
returns of other railroad corporations, as provided in the
fifth section of the fortieth chapter of the acts of the year
one thousand eight hundred and fifty-seven. And all
returns of railroad corporations shall be made to include
the business of the year ending on the thirtieth day of
November, annually ; and the first annual return of any
railroad corporation, shall always state the number of months
and days included in the return.

Section 3. Every horse or street railroad corporation that Penalty for neg-
shall refuse or neglect to render the return required by the
first and second sections of this act, shall forfeit and pay to
the Commonwealth, one hundred dollars for each and every
day that they shall so refuse or neglect to make said return.
And it is hereby made the duty of the secretary of the Com-
monwealth, to notify the attorney-general whenever any of
the beforementioned corporations shall refuse or neglect to
make the returns required of them by this act ; and it shall
be the duty of the attorney-general to commence a suit in
behalf of the Commonwealth at once, against said corpora-
tion, in any court competent to try the same, and to prose-
cute the same to final judgment.

Section 4. It shall be the duty of the secretary of the Blank forms.
Commonwealth to cause to be prepared blank forms of
returns, with spaces for the insertion of information upon
the several items mentioned in the first section of this act,
and transmit copies thereof to the several corporations men-
tioned in said first section.

Section 5. The second section of the acts of eighteen sec. 2ofchap.
hundred and forty-nine, chapter one hundred and ninety- appiy^, &c^' '"
one, shall be so construed as to apply to all horse or street
railway corporations that have been or may hereafter be
established. [Approved May 27, 1857.]

bis

1857.— Chapter 24 1.

Chap. 241 -^N -'^CT to apportion and assess a Tax of Eight Hundred Ninety-nine
Thousand Nine Hundred and Seventy-three Dollars.

Be it enacted, Sfc, as follows :
Cities and towns SECTION 1. Eacli city 01' towii hereinafter named within
this Commonwealth, shall be assessed and pay the several
sums with which they stand respectively charged in the fol-
lowing schedule.

SCHEDULE.

SUFFOLK COUNTY.

Boston, . .
Chelsea, . .
North Chelsea,

Two hundred ninety-six thousand seven-
ty-three dollars,

Five thousand two hundred ninety-two
dollars,

One thousand one hundred sixty-one
dollars,

$296,073 00
5,292 00
1,161 00

$302,526 00

ESSEX COUNTY.

Amesbury,

Andover, .

Beverly, .

Boxford, .

Bradford, .

Danvers, .

Essex, . .

Georgetown,

Gloucester,

Groveland,

Hamilton,

Haverhill,

Ipswich, .

Lawrence,

Lynn, . .

Lynnfield,

•

One thousand seven hundred nineteen
dollars,

Four thousand eight hundred thirty-three
dollars,

Three thousand four hundred sixty-five
dollars,

Eight hundred thirty-seven dollars, . .

Six hundred twelve dollars, ....

Five thousand two hundred forty-seven

dollars,

One thousand eight dollars, ....

One thousand one hundred seventy-
nine dollars,

Three thousand nine hundred seventy-
eight dollars,

Six hundred seventy-five dollars, . .

Six hundred ninety-three dollars, . .

Three thousand six hundred forty-five

dollars, .-

Seventeen hundred nineteen dollars, .

Eighty-nine hundred nineteen dollars, .

Sixty-nine hundred fifty-seven dollars, .

Five hundred fifty-eight dollars, . . .

$1,719 00

4,833 00

3,465 00
837 00

612 00

5,247 00

1,008 00

1,179 00

3,978 00
675 00

693 00

3,645 00
1,719 00

8,919 00

6,957 00

558 00

1857.— Chapter 241.

ESSEX COUNT r— Continued.

579

Manchester,

Marblehead,

Methuen, .

Middleton,

Newbury, .

Newburyport,

Rockport,

Rowley,

Salem, .

Salisbury, .

Saugus,

Topsfield,

Wenham,

West Newbury, ,

Eight hundred Ibrty-slx dollars, . .

Thirty-three hundred twelve dollars,

Sixteen hundred eighty-tliree dollars.

Four hundred ninety-five dollars.

One thousand thirty-five dollars, . .

Eighty-three hundred sixty-one dollars,

Twelve hundred forty-two dollars, .

Seven hundred twenty-nine dollars.

Nineteen thousand nine hundred ninety

eight dollars,

Sixteen hundred sixty-five dollar;

Eight hundred nineteen dollars.

Seven hundred fifty-six dollars.

Six hundred twenty-one dollars,

Nine hundred fifty-four dollars.

MIDDLESEX COUNTY.

$8i6 00

8;6V2 00

1,683 00

495 00

1,035 00

8,361 00

1,242 00

729 00

19,998 00
1,065 00

819 00

756 00

621 00

954 00

$88,560 00

Acton, ....

Nine hundred dollars,

1900 00

Ashby, ....

Nine hundred eighteen dollars, . . .

918 00

Ashland, . . .

Seven hundred two dollars, ....

702 00

Bedford, . . .

Five hundred seventy-six dollars, . .

576 00

Billerica, . . .

Thirteen hundred twenty-three dollars.

1,323 00

Boxborough, . .

Three hundred sixty-nine dollars, . .

369 00

Brighton, . . .

Twenty-four hundred forty-eight dollars.

2,448 00

Burhngton, . .

Four hundred fifty dollars,

450 00

Cambridge, . .

Fifteen thousand five hundred seventy
dollars,

15,570 00

Carlisle, . . .

Five hundred thirteen dollars, . . .

513 00

580

1857.— Chapter 241.

MIDDLESEX COUNTY— Continued

Charlestown,. .
Chelmsford, . .

Thirteen thousand one hundred seventy-
six dollars,

Fifteen hundred twelve dollars, . . .

$13,176 00
1,512 00

Concord, . . .

Nineteen hundred twenty-six dollars, .

1,926 00

Dracut, . . .

Eleven hundred twenty-five dollars, . .

1,125 00

Dunstable, . .

Fi^-e hundred forty-nine dollars, . . .

549 00

Eramingham,

Twenty-nine hundred fifty-two dollars, .

2,952 00

Groton, . . .

Twenty-one hundred sixty dollars, . .

2,160 00

Holliston, . . .

Thirteen hundred eighty-six dollars.

1,386 00

Hopkinton, . .

Fifteen hundred thirty-nine dollars, . .

1,539 00

Lexington, . .

Seventeen hundred eighty-two dollars, .

1,782 00

Lincoln, . . .

Seven hundred twenty dollars, . . .

720 00

Littleton, . . .

Seven hundred thirty-eight dollars, . .

738 00

Lowell, . . .
Maiden, . . .

Twenty-five thousand eight hundred

twelve dollars,

Twenty-seven hundred dollars, . . .

25,812 00
2,700 00

Marlborough,

Nineteen hundred twenty-six dollars, .

1,926 00

Medford, . . .

Thirty-six hundred forty-five dollars,

3,645 00

Melrose, . . .

Eight hundred ten dollars,

810 00

Natick, . . .

Fifteen hundred ninety-three dollars, .

1,593 00

Newton, . . .

Forty-seven hundred sixty-one dollars, .

4,761 00

Pepperell, . .

Eleven hundred ninety-seven dollars, .

1,197 00

Reading, . . .

Eighteen hundred eighteen dollars, . .

1,818 00

Slierborn, .

Eight hundred ten dollars,

810 00

Shirley, . . .

Eight hundred ninety-one dollars, . .

891 00

Somerville, . .

Three thousand ninety-six dollars, . .

3,096 00

S. Reading, . .

Twelve hundred seventy-eight dollars, .

1,278 00

Stoneham, . .

Nine hundred eighteen dollars, . . .

918 00

Stow, ....

Nine hundred eighty-one dollars, . . .

981 00

Sudbury, . . .

Fourteen hundred four dollars, . . .

1,404 00

1857.— Chapter 241.
MIDDLESEX COUNTY— Continued.

581

Tewksbury, . .

Mne hundred fifty-four dollars, . . .

1954 00

Townsend, . .

Thirteen hundred fifty dollars, . . .

1,350 00

Tyngsborough, .

Seven hundred thirty-eight dollars, . .

738 00

Waltham, . . .

Forty-one hundred seventy-six dollars, .

4,176 00

Watertown, . .

Thirty-four hundred thirty-eight dollars,

3,438 00

Wayland, . . .

Seven hundred seventy-four dollars, . .

774 00

W. Cambridge, .

Twenty-four hundred seventy-five dollars,

2,475 00

Westford, . . .

Twelve hundred forty-two dollars, . .

1,242 00

Weston, . . .

Ten hundred eighty dollars, ....

1,080 00

Wilmington, . .

Six hundred thirty-nine dollars, . . .

639 00

Winchester, . .

Ten hundred twenty-six dollars, . . .

1,026 00

Woburn, . . .

Three thousand fifteen dollars, . . .

3,015 00

$127,881 00

WORCESTER COUNTY.

Ashburnham,

Eleven hundred twenty-five dollars, . .

$1,125 00

Athol, ....

One thousand ninety-eight dollars, . .

1,098 00

Auburn, . . .

Six hundred forty-eight dollars, . . .

648 00

Barre, ....

Twenty-two hundred twenty-three dollars

2,223 00

Berlin, ....

Four hundred fitty-nine dollars, . . .

459 00

Blackstone, . .

Twenty-eight hundred eight dollars, . .

2,808 00

Bolton, . . .

Eight hundred thirty-seven dollars, . .

837 00

Boylston, . . .

Seven hundred two dollars, ....

702 00

Brookfield, . .

One thousand forty-four dollars, . . .

1,044 00

Charlton, . . .

Fourteen hundred ninety-four dollars, .

1,494 00

Clinton, . . .

Fourteen hundred seventy-six dollars, .

1,476 00

Dana, ....

Three hundred seventy-eight dollars, .

378 00

582

1857.— Chapter 241.

VV V,

;i\VvJl(0±ilii\ \^v^LJi.>-Li — »^urv Hi> UE-U.

Douglas, . . .

Eleven hundred thirty-four dollars, . .

$1,134 00

Dudley, . . .

One thousand twenty-six dollars, . . .

1,026 00

Fitcliburg, . .

Thirty-two hundred eighty-five dollars, .

3,285 00

Gardner, . . .

Nine hundred twenty-seven dollars, . .

927 00

Grafton, . . .

Twenty-two hundred forty-one dollars, .

2,241 00

Hardwick, . . .

Twelve hundred seventy-eight dollars, .

1,278 00

Harvard, . . .

Eleven hundred eighty-eight dollars,

1,188 00

Holden, . . .

Twelve hundred fifty-one dollars, . .

1,251 00

Hubbardston,

Ten hundred sixty-two dollars, . . .

1,062 00

Lancaster, . .

Ten hundred sixty-two dollars, ...

1,062 00

Leicester, . . .

Eighteen hundred eighty-one dollars, .

1,881 00

Leominster, . .

Two thousand thirty-four dollars, . .

2,034 00

Lunenburg, . .

Nine hundred ninety dollars, ....

990 00

Mendon, . . .

One thousand fifty-three dollars, . . .

1,053 00

Milford, . . .

Twenty-one hundred eighty-seven dollars,

2,187 00

Mlllbury, . . .

Sixteen hundred forty-seven dollars.

1,647 00

New Braintree, .

Eight hundred nineteen dollars, . . .

819 00

North Brookfield,

Eleven hundred seven dollars, . . .

1,107 00

Northborough, .

One thousand eight dollars, ....

1,008 00

Northbridge, . .

One thousand ninety-eight dollars, . .

1,098 00

Oakham, . . .

Six hundred seventy-five dollars, . .

675 00

Oxford, . . .

Fifteen hundred fifty-seven dollars, . .

1,557 00

Paxton, . . .

Four hundred ninety-five dollars, . .

495 00

Petei-sham, . .

Twelve hundred thirty-three dollars.

1,233 00

Phillipston, . .

Five hundred ninety-four dollars, . .

594 00

Princeton, . .

Nine hundred seventy-two dollars, . .

972 00

Royalston, . .

Eleven hundred eighty-eight dollars,

1,188 00

Rutland, . . .

Eight hundred twenty-eight dollars, . .

828 00

1857.— Chapter 241.

WORCESTER COUNTY— Continued

583

Shrewsbury, .
Southborough,
Southbridge,
Spencer, .
Sterling, .
Sturbrldge,
Sutton,
Templeton,
Upton, . .
Uxbridge,
Warren, .
Webster, .
West Boylston, .
West Brookfield,
Westborough, .
Westminster,
Winchendon,
Worcester, . .

Twelve hundred sixty dollars, . . .

Nine hundred sixty-three dollars,

Eighteen hundred dollars, ....

Thirteen hundred sixty-eight dollars,

Twelve hundred sixty dollars, . . .

Thirteen hundred fifty dollars, . .

Fifteen hundred eighty-four dollars, .

Fourteen hundred twenty-two dollars.

One thousand thirty-five dollars, . .

Seventeen hundred eighty-two dollars.

One thousand ninety-eight dollars.

Thirteen hundred fourteen dollars,

Eight hundred ninety-one dollars.

Eight hundred fifty-five dollars, .

Twelve hundred sixty dollars,

Twelve hundred six dollars, . .

Fifteen hundred twenty-one dollars,

Sixteen thousand eight hundred twelve
dollars,

HAJVIPSHIRE COUNTY.

$1,260 00
963 00
1,800 00
1,868 00
1,260 00
1,350 00
1,581 00
1,422 00
1,035 00
1,782 00
1,098 00
1,314 00
891 00
855 00
1,260 00
1,206 00
1,521 00

16,812 00

188,893 00

Amherst, . . .

Eighteen hundred sixty-three dollars, .

$1,863 00

Belchertown,

Thirteen hundred ninety-five dollars, .

1,395 00

Chesterfield, . .

Six hundred twenty-one dollars, . . .

621 00

Cummington,

Six hundred thirty dollars,

630 00

Easthampton,

Six hundred eighty-four dollars, . . .

684 00

Enfield, . . .

Seven hundred eleven dollars, . . .

711 00

584

1857.— Chapter 241.

HAMPSHIRE COUNTY— Continued

Goshen, .
Granby, .
Greenwich,
Hadley, .
Hatfield, .
Middlefield,
Northampton,
Norwich, .
Pelham, .
Plainfield,
Prescott, .
South Hadley,
Soutliampton,
Ware, . . .
Westhampton,
Williamsburg,
AYorthington,

Two hundred ninety-seven dollars,
Six hundred thirty-nine dollars, .
Three hundred ninety-six dollars,
Fourteen hundred twenty-two dollars
Ten hundred seventy-one dollars.
Four hundred eighty-six dollars, .
Thirty-nine hundred forty-two dollar
Four hundred five dollars, . . .
Three hundred eighty-seven dollars,
Four hundred sixty-eight dollars.
Four hundred five dollars, . . .
Eleven hundred thirty-four dollars.
Six hundred thirty nine dollars, .
Eighteen hundred seventy-two dollar
Three hundred sixty-nine dollars.
One thousand forty-four dollars, .
Seven hundred eleven dollars,

^297 00
639 00
396 00

1,422 00

1,071 00
486 00

3,942 00
405 00
387 00
468 00
405 00

1,134 00
639 00

1,872 00
369 00

1,044 00
711 00

$21,591 00

HAMPDEN COUNTY.

Blandford, . .

Eight hundred sixty-four dollars.

$864 00

Brimfield, . .

One thousand sixty-two dollars, . . .

1,062 00

Chester, . . .

Seven hundred thirty-eight dollars, . .

. 738 00

Chicopee, . . .

Fifty-four hundred nine dollars, . . .

5,409 00

Granville, . . .

Six hundred fifty-seven dollars, . . .

657 00

Holland, . . .

Two hundred thirty-four dollars, . . .

234 00

1857.— Chapter 241.

HAMPDEN COUNTY— Continued.

585

Holyoke, . .

Longmcadow, .

Ludlow, . . .

Monson, . . .
Montgomery,

Palmer, . . .

Russell, . . .

South wick, . .

Springfield, . .

Tolland, . . .
Wales, ....

W. Springfield, .

Westfield, . .

Wilbraham, . .

. j Twenty-eight hundred ninety-eiglit dollars

Twelve hundred sixty-nine dollars, .

Seven hundred thirty-eight dollars, .

Fourteen hundred eighty-five dollars,

Two hundred sixty-one dollars, . .

Nineteen hundred ninety-eight dollars,

Two hundred eightj'-eight dollars, .

Eight hundred thirty-seven, . . .

Nine thousand nine hundred eighty-one

dollars,

Three hundred thirty-three dollars, .

Three hundred sixty dollars, . . .

Twenty -five hundred twenty dollars,

Twenty-five hundred forty-seven dollar

Fourteen hundred forty dollars, . . .

$2,898

1,269

738

1,485

261

1,998

288

837

9,981
333

00
00

360

2,520

2,5i7

1,440

FRANKLIN COUNTY.

Ashfield, . .

Bernardston,

Buckland,

Charlemont,

Colrain,

Conway,

Deerfield,

Erving,

GiU, .

Greenfield,

Eight hundred sixty-four dollars, .
Six hundred three dollars, . . .
Four hundred twenty-three dollars.
Six hundred twelve dollars, . .
Ten hundred forty-four dollars, .
Eleven hundred seven dollars.
Sixteen hundred twenty-nine dollars
Two hundred seventy dollars, . .
Four hundred fifty-nine dollars, .
Seventeen hundred ten dollars, .

$5,919 00

$864 GO

603 00

423 00

612 00

1,044 00

1,107 00

1,629 00

270 00

459 00

1,710 00

586

1857.— Chapter 24l.

FRANKLIN COUNTY— Continue^.

Hawley, . . .

Four hundred fifty-nine dollars, .

$i59 00

Heath, ....

Four hundred thirty-two dollars, .

432 00

Leverett, . . .

Four hundred fifty-nine dollars, .

459 00

Leyden, . . .

Three hundred thirty-three dollars.

333 00

Munroe, .

One hundred eight dollars, . . .

108 00

Montague, . .

Seven hundred fifty-six dollars, .

756 00

New Salem, . .

Six hundred eighty-four dollars, .

G84 00

Northfield, . .

Eleven hundred seventy dollars, .

1,170 00

Orange, . . .

Eleven hundred seven dollars,

1,107 00

Rowe, ....

Three hundred sixty dollars, . .

360 00

Shelburne, . .

Seven hundred fifty-six dollars, .

756 00

Shutesbury, . .

Four hundred twenty-three dollars.

423 00

Sunderland, . .

Five hundred thirteen dollars, . .

513 00

Warwick, . .

Seven hundred twenty-dollars, . .

720 00

Wendell, . . .

Six hundred thirty dollars, . . . .

G30 00

Whately, . . .

Seven hundred twenty dollars, . .

720 00

$18,351 00

BERKSHIRE COUNTY.

Adams, . . .

Twenty-nine hundred seven dollars.

$2,907 00

Alford, . . .

Three hundred fifty-one dollars, . . .

351 00

Becket, . . .

Five hundred sixty-seven dollars, . .

567 00

Cheshire, . . .

Eight hundred forty-six dollars, . . .

846 00

Clarksburg, , .

One hundred sixty-two dollars, . . .

162 00

Dalton, . . .

Seven hundred eleven dollars, . . .

711 00

Egremont, . .

Seven hundred twenty-nine dollars, . .

729 00

Florida, . . .

Two hundred fifty-two dollars, . . .

252 00

1857.— Chapter 241.

BERKSHIRE COUNTY— Continued.

587

Great Barrington,
Hancock, . .
Hinsdale, . .
Lanesborougb,
Lee, . . .
Lenox, . .
Monterey,
^Mt. Washington,
New Ashford,
New Marlboro', .

Otis, . .
Peru, .

Pittsfield, .

Richmond,

Sandisfield,

Sheffield, .

Savoy, . .

Stockbridge,

Tyringham,

Washington,

W. Stockbridge,

Williamstown, .

Windsor, . . .

Two thousand seventy dollars,
Five hundred fifty-eight dollars, .
Six hundred sixty-six dollars, . .
Eight hundred nineteen dollars, .
Sixteen hundred thirty-eight dollars,
Eight hundred fifty-five dollars, .
Three hundred seventy-eight dollars
One hundred sixty-two dollars,
One hundred fifty-three dollars, .
Eight hundred seventy-three dollars.
Five hundred sixty-seven dollars,
Three hundred twenty-four dollars.
Forty-one hundred seventy-six dollar
Five hundred ninety-four dollars.
Eight hundred one dollars, . .
Seventeen hundred fifty-five dollars,
Three hundred forty-two dollars, .
Eleven hundred sixty-one dollars.
Four hundred five dollars, . . .
Four hundred five dollars, . . .
Nine hundred twenty-seven dollars.
Fifteen hundred forty-eight dollars,
Five hundred four dollars, . . .

^2,070 00
558 00
666 00
819 00
1,638 00
855 00
378 00
162 00
153 00
873 00
567 00
324 00

4,176 00
594 00
801 00

1,755 00
342 00

1,161 00
405 00
405 00
927 00

1,548 00
504 00

$28,206 00

588

1857.— Chapter 241.
NORFOLK COUNTY.

Bellingham,

Braintree,

Brookline,

Canton, .

Cohasset, .

Dedham, .

Dorchester,

Dover, . .

Foxborougli,

Franklin, .

Medfield, .

Medway, .

Milton, .

Needham, .

Quincy, .

Randolph,

Roxbury, .

Sharon, .

Stoughton,

Walpole, .

Weymouth,

Wrentham,

Eight hundred twenty-eight dollars, . .

Seventeen hundred nineteen dollars, .

Seventy-four hundred seventy-nine dol-
lars,

Twenty hundred ninety-seven dollars,

Eleven hundred seventy-nine dollars.

Forty-five hundred nine dollars, . .

Ninety-eight hundred fifty-five dollars.

Four hundred seventy-seven dollars,

One thousand sixty-two dollars, . .

One thousand forty-four dollars, . .

Seven hundred twenty dollars, . .

Fourteen hundred eighty-five dollars,

Twenty-five hundred forty-seven dollars.

Thirteen hundred five dollars, ....

Thirty-three hundred sixty-six dollars, .

Twenty-eight hundred eight dollars, . .

Nineteen thousand eight hundred thirty-
six dollars,

Eight hundred seventy-three dollars, .

Eighteen hundred seventy-two dollars, .

Twelve hundred sixty-nine dollars, . .

Twenty-eight hundred seventeen dollars,

Eighteen hundred dollars,

BRISTOL COUNTY.

1828 00
1,719 00

7,479 00
2,097 00

1,179 00

4,509 00

9,855 00

477 00
1,062 00
1,044 00

720 00
1,485 00
2,547 00
1,305 00
3,366 00
2,808 00

19,836 00
873 00

1,872 00

1,269 00

2,817 00

1,800 00

$70,947 00

Attleborough,
Berkley, . .

Eighteen hundred thirty-six dollars.
Four hundred fifty dollars, . . .

$1,836 00
450 00

1857.— Chapter 241.

BRISTOL COUNTY— Continued.

589

Darlmouth, . .

Thirty-four hundred sixty-five dollars, .

$3,465 00

Dighton, . . .

Eight hundred sixty-four dollars, . . .

864 00

Easton, . . .

Twelve hundred six dollars, ....

1,206 00

Fairhaven, . .

Forty-seven hundred fifty-two dollars, .

4,752 00

Fall River, . .

Ninety-three hundred fifty-one dollars, .

9,351 00

Freetown, . .

Nine hundred nine dollars,

909 00

Mansfield, . .

Seven hundred tAvo dollars, ....

702 00

New Bedford, .

Twenty thousand eight hundred thirty-
five dollars,

20,835 00
1,152 00

Norton, . . .

Eleven hundred fifty-two dollars, . .

Pawtucket, . .

Sixteen hundred eleven dollars, . . .

1,611 00

Raynham, . .

Eight hundred twenty-eight dollars, . .

828 00

Rehoboth, . .

Eleven hundred forty-three dollars, . .

1,143 00

Seekonk, . . .

Eleven hundred forty-three dollars, . .

1,143 00

Somerset, . . .

Seven hundred thirty-eight dollars, . .

738 00

Swanzey, . . .

Eight hundred fifty-five dollars, . . .

855 00

Taunton, . . .

Six thousand thirty-nine dollars, . . .

6,039 00

Westport, . . .

Two thousand two hundred fifty dollars,

2,250 00

$60,129 00

PLYMOUTH COUNTY.

Abington, . .

Two thousand six hundred one dollars, .

$2,601 00

Bridgewater, . .

Nineteen hundred thirty-five dollars,

1,935 00

Carver, . . .

Five hundred eighty-five dollars, . . .

585 00

Duxbury, . . .

Seventeen hundred thirty-seven dollars.

1,737 00

E. Bridgewater,

Thirteen hundred sixty-eight dollars, .

1,368 00

Halifax, . . .

Four hundred thirty-two dollars, . . .

432 00

Hanover, . . .

Nine hundred dollars,

900 00

590

1857.— Chapter 241.

PLYMOUTH COUNTY— Continued.

Hanson, .
Hingham, .
Hull, . .
Kingston, .
Marshfield,
Middleborough, .
N. Bridgewater,
Pembroke,
Plymouth,
Plympton,
Rochester,
Scituate, .
South Scituate, .
Wareham, . .
W. Bridgewater,

Six hundred thirty dollars,

Twenty-five hundred eighty-three dollars.
One hundred eighty dollars, ....
Thirteen hundred twenty-three dollars,
Ten hundred fifty-three dollars, . . .
Twenty-seven hundred nine dollars,. .
Eighteen hundred sixty-three dollars, .
Seven hundred thirty-eight dollars, . .
Thirty-nine hundred thirty-three dollars,
Five hundred forty-nine dollars, . .
Nineteen hundred eighty-nine dollars.
Eleven hundred twenty-five dollars.
Eleven hundred eighty-eight dollars,
Fifteen hundred seventy-five dollars,
Eight hundred thirty-seven dollars, .

BARNSTABLE COUNTY.

Barnstable, .

Brewster, .

Chatham, .

Dennis,

Eastham, .

Falmouth,

Harwich, .

Orleans, .

Provincetown, .

Twenty-five hundred thirty-eight dollars.
Five hundred ninety-four dollars.
Eight hundred ninety-one dollars.
Thirteen hundred eighty-six dollars.
Three hundred forty-two dollars.
Fifteen hundred thirty-nine dollars, .
One thousand seventeen dollars, . .
Six hundred twelve dollars, . . .
Sixteen hundred seventy-four dollars.

$630 00
2,583 00

180 00
1,323 00
1,053 00
2,709 00
1,863 00

738 00
3,933 00

549 00
1,989 00
1,125 00
1,188 00
1,575 00

837 00

131,833 00

12,538 00
594 00
891 00

1,386 00
342 00

1,539 00

1,017 00
612 00

1,674 00

1857.— Chapter 241.

BARNSTABLE COUNTY— Continued.

Sandwich, . .

Twenty-two hundred fourteen dollars, .

i|2,214 00

Truro, ....

Seven hundred eleven dollars, . . .

711 00

Wellfleet, . . .

Six hundred thirty-nine dollars, . . .

639 00

Yarmouth, . .

Twelve hundred forty-two dollars, . .

1,242 00

$15,399 00

Chilmark,
Edgartown, .
Tisbury, . .

Nantucket,

DUKES COUNTY.

Seven hundred eleven dollars.
Eleven hundred seven dollars.
Nine hundred forty-five dollai's.

NANTUCKET COUNTY.

Sixty-nine hundred seventy-five dollars,

$711 00

1,107 00

945 00

$2,763 00

3,975 00

591

RECAPITULATION.

Suffolk County, .
Essex County,
Middlesex County,
Worcester County,
Hampshire County,
Hampden County,
Franklin County,
Berkshire County,

Three hundred two thousand five hun-
dred twenty-six dollars, ....

Eighty-eight thousand five hundred
sixty dollars,

One hundred twenty-seven thousand
eight hundred eighty-one dollars.

Eighty-eight thousand eight hundred
ninety-three dollars,

Twenty-one thousand five hundred
ninety-one dollars,

Thirty-five thousand nine hundred
nineteen dollars,

Eighteen thousand three hundred fifty-
one dollars,

Twenty-eight thousand two hundred
six dollars,

$302,526 00
88,560 00
127,881 00
88,893 00
21,591 00
35,919 00
18,351 00
28,206 00

592

1857.— Chapter 241.

RECAPITULATION— Continued.

Norfolk County, .
Bristol County, .
Plymouth County,
Barnstable County,
Dukes County,
Nantucket County,

Seventy thousand nine hundred forty-
seven dollars,

Sixty thousand one hundred twenty-
nine dollars,

Thirty-one thousand eight hundred
thirty-three dollars,

Fifteen thousand three hundred ninety-
nine dollars,

Two thousand seven hundred sixty-
three dollars,

Six thousand nine hundred seventy-
five dollars, .

$70,947 00

60,129 00

3] ,833 00

15,399 00

2,763 00

6,975 00

,973 00

When payable.

Treasurer shall SECTION 2. The treasurer of this Commonwealth shall

issue warrants to„. ni. -i n t • t i

selectmen, &c. lortiiwitli sciicl liis Warrant, With a copy oi this act, directed
to the selectmen or "assessors of each city or town taxed as
aforesaid, requiring them, respectively, to assess the sum so
charged, according to the provisions of the seventh chapter
of the Revised Statutes ; and to add the amoniit of such
tax to the amount of town and county taxes to be assessed
by them, respectively, on each city or town.

Section 3. The treasurer, in his said warrant, shall require
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-
monwealth, on or before the first day of December, in the
year one thousand eight hundred and fifty-seven, the sums
against said cities or towns respectively in this act contained ;

Names of treas- aiid thc selectmcii Or assessors respectively shall return a

turned." ^ ^^' Certificate of the names of such treasurers, with the sum
which each may be required to collect, to the said treasurer
of the Commonwealth, sometime before the first day of
October next.

One per cent, per SECTION 4. If tlic amount duc from any city or town as

month additional • i i • i • in i • i ^

for deunquency. providcd 111 this act, siiall uot liavc becii paid to the treasurer
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 mouth during such delinquency,
dating on and after the first day of December next ; and if
the same shall remain unpaid after the first day of January
next, an information may be filed by the treasurer of the

1857.— Chapter 242. 593

Commonwealth in the supreme judicial court, or before any
justice thereof, against such delinquent city or town, and
upon notice to sucii city or town, and a summary hearing
thereon, a warrant of distress may issue against sucli city or
town, to enforce the payment of said taxes, under such
penalties as the said courts, or the justice thereof before
whom the hearing is had, shall order.

Section 5. This act shall take effect from and after its
passage. \_Approved May 27, 1857.]

An Act to incorporate the West Cambridge Horse Railroad Company. CIwp. 242
.Be it enacted, Sfc., as folloivs :

Section 1. Jesse P. Pattee, Chester W. Kinsley and corporators.
Davis Locke, their associates and successors, are hereby made
a corporation, by the name of the West Cambridge Horse Name.
Railroad Company, with power to construct, maintain and Power to con-
use a railway or railways, with single or double tracks, from
such point or points in the town of West Cambridge, as shall Location.
be from time to time fixed by the selectmen of said town, to
the line separating said town from the city of Cambridge ;
and at said line to connect with the Cambridge Railroad
Company, at such points as may be agreed upon by said
companies, with the assent of tlie mayor and aldermen of
the city of Cambridge.

Section 2. Said road shall be constructed and main- Grade and gauge.
tained in such manner, on such grade and with such gauge,
as the selectmen shall direct : provided, that before the Proviso,
location or construction of any track in any street, tlie
selectmen shall give fourteen days' notice to the abutters
before the hearing, that they may show cause why it should
not be so located or constructed ; and the selectmen may speed and a?e of

track

make all proper regulations, as to the speed and use of
tracks ; and steam locomotive power shall not be used on
said tracks. Said corporation shall maintain and keep in Repairs, &c.
repair such portion of the streets as shall be occupied by
their tracks, and shall be liable for any loss or injury sus-
tained by reason of any neglect or misconduct of its agents,
in the construction, management or use of said road or any
part thereof; and in case any recovery shall be had against
said town by reason of such defect or use, said corporation
shall be liable to pay to said town any sums thus recovered
against it, with all costs and reasonable expenses incurred
by the town, in defence of such suits in which such recovery
shall be had ; and said corporation shall not encumber any
portion of the streets not occupied by said road or tracks.

594

1857.— Chapter 242.

Rates of fare.

May hold real
estate io AYest
Cambridge not
exceediug $10,-
000.

Privileges, re-
strictions, &c.

Penalty for ob-
structing corpo-
ration.

Penalty if corpo-
ration shall ob-
struct.

Capital stock
*50,000,in shares
of $50 each.

Corporation to
make annual re-
turns.

Act void unless,
&c.

West Cambridge
may purchase
franchise, &c.

Section 3. Said corporation may fix, from time to time,
such rates of compensation for transporting persons or prop-
erty on tlieir road, as tliey tliink fit, and may purchase and
hold such real estate in West Cambridge as may be conven-
ient for the purposes of said road, not exceeding ten thou-
sand dollars in value ; and said corporation shall be subject
to all the duties, restrictions and liabilities, and entitled to
all the rights and privileges, prescribed by the forty-fourth
chapter of the Revised Statutes, and subject to all general
laws, which have been or shall hereafter be passed, relative
to horse railroads.

Section 4. If any person shall wilfully and maliciously
obstruct said corporation, in the use of their road or the
passing of their cars, such person shall be punished by fine
not exceeding three hundred dollars, or by imprisonment in
the jail not exceeding three months ; and if such corpo-
ration shall wilfully and maliciously obstruct any highway
or the passing over the same, said corporation shall be pun-
ished by fine not exceeding five hundred dollars.

Section 5. The capital stock of said corporation shall
not exceed fifty thousand dollars, to be divided into shares
of fifty dollars each ; and no shares shall be issued for a less
sum, to be actually paid in on each, than the par value of
the shares first issued. And said corporation shall be deemed
a railroad corporation, so far as to be required to make such
annual returns to the legislature as are or may be required
by law, but shall not be subject to the general provisions of
law relative to railroad corporations.

Section 6. This act shall be void, unless accepted by the
inhabitants of West Cambridge at a legal town meeting, and
unless the same shall be accepted by the corporation, and
ten per cent, of the capital thereof paid in within two years
from the passage hereof: and nothing herein contained shall
be construed to prevent the town authorities from taking up
any of the streets of the town, for the purposes for which
they may now lawfully take up the same.

Section 7. The town of West Cambridge may, at any
time during the continuance of the charter of said corpora-
tion, and after the expiration of ten years from the opening
of any part of their road for use, purchase of said corpora-
tion all their franchise, property and rights, in paying such
sum as will reimburse to each person then a stockholder
therein the par value of his stock, with a net profit of ten
per cent, per annum from the time of the transfer of the
stock to him on the books of the corporation, deducting the
dividends received by said stockholder thereon.

1857.— Chapter 243. 595

Section 8. The existence of the corporation is hereby Duration.
limited to the period of fifty years from the passage hereof.
[Approved May 28, 1857.]

Ax Act to regulate the use of Proxies in Banks. Chciy). 243

Be it enacted, Sfc., as foUoivs :

Section 1. No salaried officer of any bank shall ask for, Siii^ied officers

, •'. . ' shall not accept.

receive, or be the medium oi transmission oi any proxy in
any bank in which he may be such officer, except for the
purpose of causing the same to be recorded, as is hereinafter
provided ; and in case of any violation of the provisions of
this section, such officer, in addition to the penalty herein-
after provided, shall be entirely disqualified from being or
continuing an officer in such bank, and he shall be forthwith
removed by the board of directors of such bank, or by the
bank commissioners, upon notice of the same and satisfac-
tory proofs thereof.

Section 2. All proxies or letters of attorney appointing an Form of proxies,
attorney or proxy to act at any meeting of any bank, shall be
filled up with the date of execution of the same, and with the
name of tlie proxy or attorney fully written in ink, and the
same shall be attested by at least one witness and acknowl-
edged before some justice of the peace, not an officer or director
of the bank to which the same refers, with the true date of the
acknowledgment also written therein ; and the same shall,
within ten days from the date of such acknowledgment, be
filed with the cashier or bookkeeper of the said bank, and
at least three days before the meeting referred to therein.

Section 3. Every bank shall provide a book in which a Record of pros-
record of all proxies so filed, shall be immediately entered, "^^'
giving the name of the stockholder and of the proxy or
attorney therein named, with the date of the execution,
acknowledgment and filing of the same, which book, to-
gether with the proxies so filed, shall at all times be open to
the inspection and examination of any stockholder in said
bank. And everv bank shall also, at least once every six ListofstocWioui-
months, prepare a true list ot the stockholders ot the same, ly.
with the amounts of stock held by each, which list shall at
all times, be open to the inspection of any stockholder
therein.

Section 4. No proxy shall be valid except for the meet- o^'J'y'^or'tillfmeet^-
ing therein named, or some adjournment of the same, nor ing therein
for a period of more than three months from the date there-
of, except, that all proxies for stockholders, citizens of this
Commonwealth who may be absent therefrom, shall be valid

596 1857.— Chapter 244.

if the attorney therein named shall file, three days at least
before any meeting at which the same is proposed to be used,
his affidavit that his principal has not, since the date of such
proxy, been witliin this Commonwealth.

List of proxies. SECTION 5. Within three days before any meeting of the
stockholders of any bank, the directors shall prepare a list
of the proxies in force for said meeting, with the names of
the stockholders and of their attorneys respectively, whicli
list shall be read at such meeting, and before proceeding to
any other business.

Notices of stock- SECTION 6. Written or printed notices of every annual

holders' meetings ., .. n ,^ xiiii i^ ii

or special meeting oi the stockholders oi any bank, prop-
erly directed, shall be mailed by the cashier to all the stock-
holders of the same, at least ten days before such meeting.
Penalties. SECTION 7. Any bank failing to comply with the provi-

sions of this act, shall forfeit to the use of the Commonwealth,
five hundred dollars for each and every offence ; and any
officer guilty of a breach of tlie same, shall be liable to a
penalty not exceeding five hundred dollars. [^Approved
May 28, 1857.]

Chan 244 ■^'^ -^^^ "^ further addition to " An Act to extend the time of the State
J ' Loan to the Norwich and Worcester Railroad Company."

Be it enacted, Sfc., as follows :
Treasurer to SECTION 1. Thc trcasurcr of tlic Commoiiwealth, ill issuiug
of tuterest*! "^^ * the scrip or certificates mentioned in the first section of the
one hundred and thirty-fourth chapter of the acts of eighteen
hundred and fifty-four, is hereby authorized and directed,
with the concurrence of tlie treasurer of the Norwich and
Worcester Raih'oad Company, to fix the rate of interest to be
paid on the whole or any part of the sum of four hundred
thousand dollars, mentioned in said first section, at six per
centum per annum, instead of five per centum per annum,
as therein provided.
tereir"""'"' *°" SECTION 2. If, by virtue of the preceding section, any part
of the scrip or certificates therein mentioned, shall provide for
the payment of interest at the rate of six per centum per
annum, in such case the amount of the semi-annual interest
to be paid by the said company to the Commonwealth, under
the provisions of the third section of the aforenamed act,
shall be increased so that the same shall equal the semi-annual
interest to be paid by the Commonwealth on the scrip or
certificates, to be issued under and by virtue of the afore-
named act, and of the preceding section ; and the semi-annual
interest to be paid by the said company to the Commonwealth,
shall be paid on or before the first days of January and July
in each year.

1857.— Chapters 245, 246. 597

Section 3. The aforenamed act, to which this act is in chapter 1.34 of
addition, shall in all respects have the same force and eflect force.°'^''°^'''"'"
as though the provisions of this act had originally made part
of the same.

Section 4. This act shall not take effect unless the said Act void unless,
Norwich and Worcester Railroad Company, before the first
day of July next, at a meeting of the stockholders duly
notified for that purpose, shall have assented to all the
provisions thereof; nor unless the same shall be approved by
the legislature of the State of Connecticut before the said
first day of July ; and when so assented to and approved, shall
thereupon take effect. [Approved May 29, 1857.]

An Act to incorporate the Boston Art Club. Chap. 2'15

Be it enacted, Sfc., as follows :

Section 1. Benjamin Champney, Samuel L. Gerry, Fred- corporators.
eric D. Williams, their associates and successors, are hereby
made a corporation by the name of the Boston Art Club, to
be located in the city of Boston, for the advancement of the purpose
fine arts, by the establishment of a gallery for the exhibition
of paintings and sculpture, by public lectures and schools,
for drawing, painting and sculpture ; with all the powers and
privileges, and subject to all the duties, restrictions and Privileges, re-
liabilities, set forth in the forty-fourth chapter of the '' ™ "'"■■'
Revised Statutes.

, Section 2. Said corporation, for the purposes aforesaid, May hold reai
shall have authority to hold real and personal estate to an ^^^^ n'o'^t^^exceed-
amount not exceeding fifty thousand dollars. \_Approved '^^^^^fi^-
May 29, 1857.]

An Act to incorporate the Artisans' Insurance Company. Chap. 246

Be it enacted, Sfc, as folloivs :

Section 1. Daniel Gay, Daniel Pynchon, Elam Stock- corporators.
bridge, Charles L. Shaw and William Stowe, their associates
and successors, are hereby made a corporation for the term Duration.
of twenty years from the passage of this act, by the name of
the Artisans' Insurance Company, to be located in the city of Location.
Springfield, for the purpose of making insurance against Purpose,
losses by fire ; with all the powers and privileges, and subject Privileges, re-
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 rela-
tive to insurance companies.

SrocTiON 2. The said corporation shall have a capital stock capital stock
of one hundred thousand dollars, divided into shares of one *^5*^''^-

598 1857.— Chapters 247, 248, 249.

Shares $100 each, hundred dollars each, with liberty to pay in and increase the

same to any amount not exceeding one hundred and fifty

Real estate $10,- thousaud dollars, and may hold real estate for its use, not

exceeding ten thousand dollars.
May issue poii- SECTION 3. The said company may issue policies when-
&c';' ^' ever fifty thousand dollars of the capital stock shall be paid

Proviso. i^ . provided, that no more than ten per centum of the capi-

tal paid in shall be taken on any one risk.

Section 4. This act shall take effect from and after its
passage. \_Approved May 29, 1857.]

Chap. 247 An Act to amend the sixty-sixth chapter of the Acts of eighteen hundred
and fifty-five, relative to the Dissolution of Attachments.

Be it enacted, ^-c., as folloivs :

have ^bee^n'Vs° Tlic sixty-sixtli cliaptcr of the acts of eighteen hundred
solved byassisn- and fifty-fivc, Is hereby so amended, that in the cases named
"^^° ' '■ ' in the first section, the attachment shall be held to have been
dissolved by the assignment, unless the order that the same
shall continue for the benefit of the creditors, provided for in
the second section of said act, shall be obtained or applied
for by some person interested, on or before the day of holding
the third meeting of the creditors. [^Ajiproved May 29,
1857.]

Chap. 248 An Act relating to the Inspectors of the Hospital on Rainsford Island.
Be it enacted, Sfc, as follows :

vMr^*""^^ *° Section 1. One of the inspectors of the hospital on
Rainsford Island shall visit said hospital once, at least, in each
month.

Partial repeal. SECTION 2. So mucli of the first scctiou of tlic two hun-

dred and sixty-second chapter of the acts of eighteen hundred
and fifty-four, as is inconsistent with the provisions of this
act, is hereby repealed.

Section 3. This act shall take effect from and after its
passage. [Approved May 29, 1857.]

Chap. 249 An Act in addition to an Act to protect the Property of Married Women.

Be it enacted, SfC, as follows :
Separate proper- SECTION 1. Thc proDcrty, both real End personal, which

ty of a married f tr J ^ .t. i-A 11

woman shall not any woiuau, wlio may now be married in this Commonwealth,

posl" o/herhus- niay now own as her sole and separate property, and the rents,

^''"'^- issues, profits and proceeds thereof, and any real or personal

property which shall hereafter come to her by descent, devise

or bequest, or the gift of any person except her husband,

shall remain her sole and separate property, notwithstanding

1857.— Chapter 249. 599

her marriage, and not be subject to the disposal of her
husband, or liable for his debts.

Section 2. Any married woman may, while married, Married woman

, . Ill 1 11 1 i m^iy s«ll and con-

bargam, sell and convey her real and personal property, vey her property,

which may now be her sole and separate property, or which husbanT^"""' °^

may hereafter come to her by descent, devise, bequest or gift

of any person except her husband, and enter into any

contract in reference to the same, in the same manner as if

she were sole ; but no conveyance of any real property,

(except a lease for a term not exceeding one year,) and no

conveyance of any shares in any corporation shall be valid,

without the assent in writing, of her husband, except with

the consent of one of the judges of the supreme judicial

court, the superior court for the county of Sutfolk, the court

of common pleas, or the judge of probate, to be granted, on

her petition, in any county, on account of the sickness,

insanity, or absence from the Commonwealth of her husband,

or other good cause : (^provided, that no conveyance made Proviso.

upon petition as aforesaid, shall, or shall be construed to

destroy, impair, or convey the husband's estate by curtesy — )

and her husband, if within the Commonwealth, shall have

such notice of the petition as the judge or court may order.

This petition may be presented to, and determined by, any

such judge in vacation as well as in term time.

Section 3. Any married woman may, while married, sue ^J,^^'"® *"* ^®
and be sued in all matters having relation to her property,
which may now be her sole and separate property, or which
may hereafter come to her by descent, devise, bequest or
the gift of any person except her husband, in the same
manner as if she were sole.

Section 4. Any married woman may, while married. May make a wm.
make a will, devising or bequeathing property which may
now be, or may hereafter become her sole and separate
property, under the provisions of this act, and the act to
which it is in addition ; but such will shall not deprive her
husband of his rights as tenant by the curtesy, and she shall
not bequeath away from him more than one-half of her
personal property, without his consent in writing.

Section 5. Nothing in this act contained shall invalidate Act not to invai-
any marriage settlement, or contract now made, or to be settlement.
hereafter made, or authorize any husband to convey property
to his wife, in any cases, where he has not now such authority
by law.

Section 6. No bargain or contract made by any married nushand not t

o J ^ be liable for an^

woman, in respect to her sole and separate property or any b^rmn or con-
property which may hereafter come to her by descent, devise, Xt ° " '^'^'

600 1857.— Chapter 250.

bequest, or gift of any person except lier husband, and no
bargain or contract made or entered into by any married
woman in or about the carrying on of any trade or business,
under the statutes of this Commonwealth, shall be binding
upon her husband, or render him or his property in any way
liable therefor. [Approved May 29, 1857.]

Chap. 250 An Act to incorporate the Somerville Horse Railroad Company.

Be it enacted, c^y:., as follows :
Corporators. SECTION 1. Gcorge 0. Brastow, Henry A. Snow, Isaac

F. Shepard, their associates and successors, are hereby made
a corporation by the name of the Somerville Horse Railroad
May receive Compaiiy, witli powcr, upou agrccmeut with the Middlesex
francirise,°&c., of Railroad Company, to receive a transfer of all the rights.
Railroad' comp'a^ powcrs, privilcgcs and franchises conferred, and to assume
"y- all the burdens, duties and liabilities, imposed upon the

said Middlesex Railroad Company by its act of incorpora-
tion, being tlie four hundred and thirty-fourth chapter of the
acts of eighteen hundred and fifty-four, and of acts in
addition thereto, so far as the same relate to proceedings
within the limits of the town of Somerville. And when-
ever the said Middlesex Railroad Company and the said
Somerville Horse Railroad Company shall, by contracts in
writing, agree to the transfer and substitution hereinafter
named and the terms and conditions thereof, then tiic powers,
privileges, franchises and rights and the duties, liabilities
and burdens conferred and imposed upon the Middlesex
Railroad Company by the acts aforesaid, so far as they
relate to proceedings in the town of Somerville, shall be
and the same hereby are transferred from the said Middle-
sex Railroad Company and conferred and imposed upon the
said Somerville Horse Railroad Company : and all the terms,
provisions and conditions of the said four hundred and
thirty-fourth chapter of the acts of eighteen hundred and
fifty-four, and the acts in addition thereto, are hereby, so far
as they relate to proceedings within the limits of the town
of Somerville, made a part of this act, and shall be binding
upon and inure to the benefit of the said Somerville Horse
s?ricS,'&c'" l^ailroad Company ; and like privileges, powers and rights
with those conferred by said acts upon said Middlesex Rail-
road Company, shall be held and enjoyed by said Somerville
Horse Railroad Company, and the said Somerville Horse
Railroad Company shall be substituted for, and be in the
place of, the said Middlesex Railroad Company so far as
relates to the provisions of said act and to proceedings
within the limits of the town of Somerville.

1857.— Chapters 251, ^52. 601

Section 2. The capital stock of the Somerville Horse capital stock not
Railroad Company shall not exceed one hundred thousand ooo, in shares of
dollars, to be divided into slmres of hfty dollars each, and ^^oeach.
no shares shall be issued for a less sum than tlie par value
of the shares which shall be first issued : and said company Rates of fare.
may fix rates of fare and carriage as they may deem expe-
dient, from time to time, not exceeding five cents for each
passenger. [^Approved May 29, 1857.]

An Act to incorporate the Hide and Leather Bank, in Boston. Chap. 25 1

Be it enacted, ifr., os follows :

Section 1. John Field, Frederic Jones, William Claflin, corporators.
their associates and successors, are hereby made a corpora-
tion by the name of the President, Directors and Company
of the Hide and Leather Bank, to be established in Boston,
and shall continue until the first day of October, in the Duration.
year one thousand eight hundred and seventy-seven ; and Privileges, re-
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.

Section 2. The capital stock of said bank shall consist ^opitai stock $1,-
of one million dollars, to be divided into shares of one hun- of $ioo' each.'''^^
dred dollars each, to be paid in such installments and at
such times as the stockholders may direct : provided, that the Proviso.
whole 1)0 paid in before the first day of May, in the year one
thousand eight hundred and fifty-eight.

Section 8. The stock of said bank shall be transferable Transfer of stock.
only at its banking house and on its books.

Section 4. The said corporation shall be subject to all Pnviieges, re-

,-.,.,.. . ^ , . ,. i • 1 • strictions, &c.

the liabilities, requu-ements and restrictions, contamed m
such acts as may hereafter be passed by the general court in
relation to banks and banking.

.Sections. This act shall take eff"ect from and after its
passage. [Approved May 29, 1857.]

An Act to extend the time for the construction of the East Walpole Chap. 252
Branch Railroad.

Be it enacted, dfc, as folloivs :

Section 1. The time allowed to the East Walpole Branch J^V^^^i/^-^^tenS:
Railroad Company to locate and construct its railroad, is ed two years,
hereby extended two years beyond the time now fixed by
law.

Section 2. This act shall take effect from and after its
passage. [^Approved May 29, 1857.]

602

1857.— Chapters 253, 254, 255.

Obstructions.

Chap. 253 -^ -^^^ to prevent Obstructions in the Ferry-way between New Bedford

and Fairhaven.

Be it enacted^ SfC, as folloivs :
Vessels shall not SECTION 1. No iiiaster OF owiiGr of any vessel, and no
tr"aekofthe ferry! pilot. Or otlicr person, having charge or control of any vessel
arriving at, or being within, the inner harbor of New Bed-
ford or of Fairhaven, in the county of Bristol, shall anchor the
sanae, or cause or permit the same to be anchored, or to lay
at anchor, within said inner harbors, so that the said vessels
shall be within the usual track or line of the ferry estab-
lished by the proprietors of the New Bedford and Fairhaven
Ferry, and now supported by the Fairhaven Branch Railroad
Company.

Section 2. No person shall wilfully place any obstruction,
or cause or permit the same to be placed, in or upon the
usual track or line of the said ferry, so as to impede or hin-
der the free passage of the boats established or used by said
railroad company, pursuant to the provisions of an act of the
legislature of the Commonwealth of Massachusetts, passed
on the twenty-fourth day of March, in the year one thousand
eight hundred and fifty-four.

Section 3. Every person ofiFending against the provisions
of this act shall be deemed guilty of a misdemeanor, and
shall be liable to prosecution therefor, by indictment or
information, in any court of competent jurisdiction, and on
conviction shall be punished by fine uot exceeding one hun-
dred dollars for each offence, with the costs of prosecution.

Section 4. This act shall take effect from and after the
first day of July, eighteen hundred and fifty-seven. \^Ap-
proved Blay 29, 1857.]

Chap. 254 An Act to repeal chapter one hundred and fifty-three, of the Acts of

eighteen hundred and fifty-three.

Be it enacted, 8fc., as follows :
Kepeaiofactcon- ^\^q quo luindrcd and fiftv-third chapter of the acts of one

oeriiing school i.ii ni '-inn i -ii

districts. thousand eiglit hundred and nlty-three, entitled, "An Act

in addition to the Acts concerning School Districts," is
hereby repealed. \^Approved May 30, 1857.]

Penalty for of-
fending.

Chap. 255 Ax Act in relation to the trial of Libels for Divorce.

Be it enacted, Sfc. , as folloivs ■:
Either party may Section 1. Either party to any libel for divorce now

demand a trial ,. ,1, iin i

b) jury. pending, or that may be hereafter commenced, may, at any

time before the trial thereof is actually commenced, demand
in writing a trial by jury, which demand shall be filed with

1857.— Chapter 256. 603

the clerk of the court wherein the libel is pending: y^ro- I'roviso.
vided, hoivever, that no such demand shall be made at any
term of the court at which juries sliall be in attendance
after the dismissal of said juries.

Section 2. The first section of the fifty-sixth chapter of I'^tuii repeal.
the laws passed in the year eighteen hundred and fifty-five,
is hereby repealed. [^Jipproved Blay 30, 1857.]

An Act to incorporate the Dorchester and Roxbury Railroad Company. QJian^ '2^&
Be it enacted, t^'c, as follows :

Section 1. William D. Swan, Charles C. Holbrook and corporators.
William Hendry, their associates and successors, are liereby
made a corporation by the name and title of the Dorchester
and Roxbury Railroad Company, with power to construct, Power to con-
maintain and use a railway or railways, with convenient single
or double tracks, from a point on Meeting-house Hill, in t!ie i^ocation.
town of Dorchester, upon and over Hancock and Stoughton
Streets, so called, in said town of Dorchester, to the line sepa-
rating said town from the city of Roxbury ; and also from a
point near the Town House in said Dorchester, upon and over
Washington Street, so called, in said town, to the line sepa-
rating said town from the city of Roxbury, and at said line connection with
to connect with the Metropolitan Railroad Company, at such k.V. co^°^°'"'^"
points as may be agreed upon in writing between the two
said railroad companies, and assented to by a vote of the
mayor and aldermen of said city of Roxbury : provided, tliat Proviso.
all tracks of said railroads shall be laid at such distances from
the sidewalks in said town as the selectmen thereof shall, by
their votes, determine to be for the public safety and conve-
nience : provided, further , that before the location or con- Proviaea, furtiier
struction of any track in any street, the selectmen of said
town shall give notice to the abutters thereon, fourteen days
at least before the hearing, that they may show cause, if any
there be, why said track shall not be so located and con-
structed ; and said corporation shall have power to fix, from Rates of fare.
time to time, such rates of compensation for transporting
persons or property thereon, as they may think expedient,
and be subject to all the duties, restrictions and liabilities,
and entitled to all the rights and privileges, prescribed by
the forty-fourth chapter of the Revised Statutes: provided, Provided, how-
however, that nothing herein contained shall be so construed '^^^^'
as to authorize the construction of any part of the railway
hereby authorized, within the limits of the city of Roxbury.

Section 2. Said tracks or roads shall be ojjerated and iior.^e power,
used by said corporation with horse-power only, and it shall "^^ ^'
27

604 1857.— Chapter 256.

not connect its track with any other raih'oad 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.
Repairs, &c. SECTION 3. Said corporation shall maintain and keep in

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 reasonable 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 not occupied
by the said road or tracks. And the liability which said
corporation may incur either to any individual, or to said
town, under the provisions of this section, together with the
Lien upon the costs aud rcasonablc expenditures attendant thereto, shall
constitute a lien upon the franchise and railroad track of said
company until the same shall have been paid by said com-
pany ; and said lien shall not be defeated or impaired by any
lease or conveyance of, or contract concerning said franchise
or railroad track made by said company ; and any lease, con-
veyance of, or contract concerning said franchise or railroad
track, shall be subject to the said lien for said liability, not-
withstanding the suit therefor maybe brought after the exe-
Proviso. cation of such lease, conveyance, or contract: provided^ the

cause of action shall have arisen prior to the execution of
such lease, conveyance or contract.
r^ructin r^^cOT w' Section 4. If any person shall wilfully and maliciously
ration. obstruct Said corporation in the use of said road or tracks,

or the passing of the cars or carriages of said corporation
thereon, such persons, and all wlio 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
Penalty if corpo- for a pcriod uot cxcceding three months. If said corpora-
Itmct. ^ ^ ° ' tion, or its agents or servants, shall wilfully and maliciously
obstruct any highway, or the passing of any carriages over
the same, such corporation shall be punished by a fine not
exceeding five hundred dollars.
«;»pitni stock ^ SECTION 5. Thc Capital stock of said corporation shall
of $50 each. ''^^ uot cxcccd tlic sum of ouc hundred thousand dollars, to be

1857.— Chapter 256. 605

divided into shares of fifty dollars each ; and no shares shall
be issued for a less sum, to be actually paid in on each, than
the par value of the shares which shall first be issued.

Section 6. Said corporation shall have power to pur- May purchase ne-
chase and hold such real estate within said town as may be tafr*^^
necessary or convenient for the purposes and management
of said road.

Section 7. Tlie town of Dorchester may, at any time Town of Dor
during the continuance of the charter of said corporation, chase'^'^fra^Khi"^
and after the expiration of ten years from tlie 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 tlie books of the corporation, deducting the
dividends received by said stockholder thereon.

Section 8. I'he said road shall be constructed and main- Grade ami gauge.
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 position thereof in said
streets, as aforesaid, prescribe and direct ; and whenever, in
the judgment of said railroad corporation, it shall be neces-
sary to alter the grade of any street so occupied by it, such
alteration may be made at the sole expense of said corpora-
tion : provided, the same shall be assented to by the select- Proviso.
men of said town.

Section 9. Nothing in this act shall be construed to pre- Act not to pre-
vent the town authorities of said town from taking up any &c'. '^"^ ""tics,
of the public streets traversed by the said railroad, for the
purposes for which they may lawfully take up the same.

Section 10. This act shall be void so far as relates to the Act void, unless,

&c.

right to construct said road in said town, unless the same
shall be accepted by the selectmen thereof, and unless the
same shall be accepted by said corporation, and ten per cent,
of the capital thereof paid in, Avithin two years from the
passage of this act.

Section 11. The said corporation shall be deemed a rail- Returns.
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.

Section 12. The existence of said corporation is hereby Duration.
limited to the period of fifty years from the passage hereof.

606 1857.— Chapter 257.

to'effectVoVia- ^'^J^CTiON 1.3. This act shall not go into effect, provided,
ed, &c. tlie Dorchester Avenue Railroad shall, within one year, con-

strnct a railroad from said avenue to Upham's Corner, so
called, in Dorchester ; but shall thereupon be void. [Ap-
proved May 30, 1857.]

Chap. 257 An Act authorizing the Hancock Free Bridge Corporation to surrender
the West Boston and Canal Bridges to the City of Cambridge.

Be it enacted, Sfc, as folloivs :
"ridge'corpor^ SECTION 1. Wheuever the Hancock Free Bridge Corpo-
iMAAnnn". ^'^^ I'atlou sliall have received, from tolls, under the authority of

SMOOjOOO to city ;i iP'ii 1 in If.. 1 1

of Cambridge, tlic act ot eighteen hundred and forty-six, chapter one hun-

wheneyer, &c. ^^Q^ and forty-six, and the acts in addition thereto, the sura
of one hundred thousand dollars, over and above all the
sums expended or to be expended by said corporation in
rebuilding, repairing and maintaining the two bridges over
Charles River between Boston and Cambridge, and upon the
roads leading to said bridges, and upon the road leading from
Cambridge to Watertown, or for other purposes under the
authority of said acts, or any of them, or of this act, the
said corporation is hereby authorized to transfer and pay
oyer tlie said sum of one hundred thousand dollars to the

Proviso. city of Cambridge : provided, said city shall determine to

accept this act, and shall give the bond hereinafter prescribed.

t^heVatror&"' ^ECTiON 2. Thc clty of Cambridge is hereby authorized,
upon tlie terms and conditions in this act contained, to assume
the exclusive ownership, and control and charge of the
bridges named in the first section of this act.

bon^a. '''''" ^"^ Section 8. If the city of Cambridge shall determine to
assume the ownership, control and charge of said bridges,
said city shall give its bond, executed by the mayor of said
city, in its name and behalf, to the Commonwealth, the form
and substance thereof to be approved by the attorney-general,
with condition that said city shall maintain said bridges as
free public avenues forever ; and perform all the duties in
relation to said bridges forever, that said Hancock Free
Bridge Corporation is by law bound to perform while said
bridges are held by said corporation.

*i«)!oooTpou Section 4. Upon the giving of the bond prescribed in

giving bond. the preceding section, the said city is hereby authorized to
receive from said Hancock Free Bridge Corporation the said
sum of one hundred tliousand dollars ; and upon the payment
of that sum to said city, by said corporation, the said sum and
said bridges shall be deemed, and are hereby declared to be,
the sole and absolute property of said city.

1857.— Chapter 257. 607

Section 5. If said Hancock Free Bridoe Corporation Bond suaii be re-

,11 1 ,. • ^ n 1 c \ • \ • 1 turned to City, if,

shall neglect, for the period oi ten days alter liavmg ol»tained &c.
said sum of one hundred tliousand dollars, as set I'oi th in
the first section of this act, and after being notified tliat said
bond has been given to the Commonwealth, to pay over to
said city the said sum of one hundred thousand dollars, the
said bond shall be returned to said city.

Section 6. The bonds of the Cambridge Railroad Com- Transfer of bonds
pany, which the Hancock Free Bridge Corporation were, by
act of February twenty-first, eighteen hundred and fifty-five,
section nine, required to receive in satisfaction of compensa-
tion or tolls, shall be transferred by said Hancock Free
Bridge Corporation to said city of Camln*idge, and received
by said city as part of said sum of one hundred thousand
dollars ; said bonds to be taken, in estimating the value of
the same, at their par value, with all interest tliat shall
remain unpaid on the same, computed to the day of transfer.

Section 7. After the city of Cambridge shall have cuy liabie, &c.
assumed said bridges, said city shall be liable for damages
that may be incurred by reason of any defect in said bridges,
or either of them, in the same manner and to the same
extent as towns and cities are now liable for defects in town
ways.

Section 8. The management and control of said fund of city conncu to
one hundred thousand dollars shall be exercised by the city trorfundT' *^°°
council of the city of Cambridge.

Section 9. By the term " bridges," as used in the pre- " Brid?es,"-term

T • <•!• •• 11, , defined.

cedmg sections oi this act, is intended the structures extend-
ing across said Charles River, between Boston and Cambridge,
and so much of the ways leading to the same, as lie between
the eastern termini of the ways belonging to the city of
Cambridge, and the western termini of ways belonging to
the city of Boston.

Section 10. The city council of the city of Cambridge city to lay out a
is hereby authorized to lay out, as a public highway, so much '^ "'^^'
of the turnpike road established by the act of June twelfth,
eighteen hundred and twenty-four, entitled, " An Act to
authorize the proprietors of West Boston Bridge to estab-
lish a turnpike road from Cambridge to Watertown," within
the limits of said city, as crosses navigable waters ; and the
said city is hereby authorized and required to maintain the
same, with the bridge and draw thereof, in the same manner
as other highways within said city.

Section 11. This act shall be of no effect unless the jf^''/^ ^^^ {, "^^m-
inhabitants of said city of Cambridge, qualified to vote in hm^^.
city affairs, shall accept the same at meetings held in the

608

1857.— Chapter 257.

Watertown to re-
ceive $5,500.

Corporation ex-
empted from
maintaining.

Brighton to re-
ceive .f 6,500.

('orporation ex-
empted from
maintaining.

various wa/ds of said city, in the months of June or July,
in the year eigliteen hundred and fifty-seven ; said meetings
to be called by the mayor and aldermen, and warned at
least seven days before the day when said meetings are to be
held. And in case it shall be acce})ted, it shall be the duty
of the mayor of Cambridge to notify the governor thereof,
in writing, immediately.

Section 12. The Hancock Free Bridge Corporation, in
consideration of the passage of this act, is hereby authorized
and required to pay out of its funds accruing from tolls, to
the town of Watertown, the sum of five thousand five hun-
dred dollars : provided, the said town shall vote to accept
the same at a legal town meeting to be held within thirty
days after this act shall have lieen accepted by the city of
Cambridge : and upon the payment of said sum, or if said
town shall refuse or neglect for the time aforesaid, to vote to
accept said sum, the Hancock Free Bridge Corporation shall
be exempted from all obligation to maintain so much of the
turnpike road established under the act of June twelfth,
eighteen hundred and twenty-four, entitled, "An Act to
authorize the proprietors of West Boston Bridge to establish
a turnpike road from Cambridge to Watertown," as lies
within the limits of Watertown, including the bridges and
the draws tliereof ; and said town is authorized to maintain
so much of said bridges and the draws thereof lying within
the limits of said town, as cross navigable waters.

Section 13. The Hancock Free Bridge Corporation, in
consideration of tlie passage of this act, is hereby authorized
and required to pay out of its funds accruing from tolls, to
the town of Brighton, the sum of six tliousand five hun-
dred dollars : provided, the said town shall vote to accept
the same, at a legal town meeting to be held within thirty
days after this act shall have been accepted by the city of
Cambridge ; and upon the payment of said sum, or if said
town shall refuse or neglect, for the time aforesaid, to vote
to accci)t said sum, the Hancock Free Bridge Corporation
shall be exempted from all obligation to maintain so much
of the turnpike road established under the act of June
twelfth, eighteen hundred and twenty-four, entitled, " An
Act to authorize the proprietors of West Boston Bridge to
establish a turnpike road from Cambridge to Watertown,"
as lies within the limits of Brighton, including the bridges
and draws thereof; and said town is authorized to maintain
so much of said bridges and the draws thereof, lying -^ithin
the limits of said town, as cross navigable waters. [Approved
May 30, 1857.]

1857.— Chapters 258, 259, 260, 261. 609

Ax Act relating to Imprisonment on Execution. CJinp. 258

Be it enacted, Sfc, as follows :

Section 1. In all cases of imprisonment on execution, Debtor may be
the debtor may be discharged in the manner provided in the '^'^''^^''^^^■
act passed May thirteenth, in the year eighteen hundred
and fifty-seven, entitled " An Act to amend and consolidate
the several Acts concerning Imprisonment for Debt and the
Punishment of Fraudulent Debtors," for the relief and
discharge of persons arrested on execution, under the pro-
visions of said act.

Section 2. This act shall take effect on and after the when to take
twelfth day of June, in the year eighteen hundred and fifty-
seven. [^Approved May 30, 1857.]

Ax Act in addition to an Act concerning Insurance Companies. Chap. 259

Be it enacted, 8fC., as folloivs :

Section 1. Any agent making insurance in violation of f'^'^i^y f"'' ^'o-

f, • r^ o . . latiug insurance

any law of this Commonwealth regulatmg nisurance com- laws.
panies, shall forfeit for each offence a sum not exceeding one
thousand dollars. And the governor and council may allow
such reasonable compensation for services rendered, and
expenses incurred, in enforcing the laws relating to insurance
companies, as they shall deem proper.

Section 2. The fifty-fourth section of the two hundred Partial repeal,
and fifty-second chapter of the acts passed in the year
eighteen hundred and fifty-six, is hereby repealed. [Ap-
proved May 30, 1857.]

Ax Act to provide for the approval of Bills ot purchases for the State Chcip. 260

Prison.

Be it enacted, Sfc, as folloivs :

All bills contracted by the warden, for purchases on ac- inspectors shaii
count of the prison, shall be approved by one or more of the '^p'"^°^®
hispectors, before payment. [^Approved May 30, 1857.]

Ax Act relating to applications to the General Court. Chap. 261

Be it enacted, Sfc, as folloivs :

Section 1. Any person or persons intending to present Petitions airect-
to the general court any petition which affects the rights and suaii brpubilsh-
iliterests of individuals, or of private corporations, shall '''^•
give notice thereof, by publishing a true copy of the petition
four weeks successively, in some newspaper printed in the
counties where such individuals reside, or in which sucli .
corporations are established ; and also in some newspaper or
newspapers published in the city of Boston, to be designated

610

1857.— Chapter 261.

Petitions affect-
ing town rights.

Applications of
corporations.

Amount of capi-
tal, &c.

Proof of publica-
tion.

Partial repeal.

by the petitioners in each case, and approved by the secre-
tary of the Commonwealth, the last of said publications to
be at least fourteen days before such session of the general
court.

Section 2. Any person or persons intending- to present
any petition, as mentioned in the preceding section, and
which affects the rights and interests of any town, sliall give
notice thereof, in the manner provided in the first section of
this act, the last publication to be at least fourteen days
before the second Monday of November next preceding the
session of the general court, to which the petition is to be
presented ; and also by serving such town with a true copy
of the petition, fourteen days at least before the second
Monday of November aforesaid ; said service to be made by
any person not a party to, nor interested in, said petition.

Section 3. All persons intending to apply to the general
court for an act of incorporation, and every corporation
intending to apply for an alteration, amendment, or exten-
sion of its charter, shall give notice of such intended appli-
cation, by an advertisement, to be published for at least four
weeks immediately before the session at which said applica-
tion is to be made, in some newspaper printed in the county
where such corporation is intended to be, or shall have been
established ; and also in some one or more newspapers
printed in the city of Boston, to be designated as provided
in the first section of this act.

Section 4. If the application be for an act of incorpora-
tion, the notice shall specify the amount of the capital stock
requisite to carry the objects of such incorporation into
effect ; and if the application be for an alteration in any
charter already granted, the notice shall state, specifically,
the alteration intended to be applied for.

Section 5. Proof of the publications provided for in the
preceding sections, and of the service required in the second
section of this act, may be made by the affidavit of any
printer or publisher of the newspaper in which such publi-
cation shall be made, and of the person making such service,
respectively ; which affidavits, and the petitions to which
they relate, shall be presented to the general court during
the first ten days of the session.

Section 6. The seventh, eighth and ninth sections of
chapter second, title first, part first, of the Revised Statutes,
relating to applications to the general court, are hereby
repealed. [Approved May 30, 1857.]

1857.— Chapters 262, 263. 611

Ax Act to authorize the Commissioners of the County of Bristol to Chan. 262
Borrow Money.

Be it enacted, 8fC., as follows :

Section 1. The county commissioners of the county of commissioners
Bristol are hereby authorized and empowered to borrow, on mooo."""'^
the credit of said county, in addition to the amount of debt
they are now authorized to contract, a sum not exceeding-
ten thousand dollars, lite same to be expended by the said
commissioners, or their successors in office, in repairing and
enlarging the present house of correction in said county.

Section 2. The two hundred and nineteenth chapter of Acts repealed.
the acts of the year one thousand eight hundred and fifty-
five, and the two hundred and ninety-first chapter of the
acts of the year one thousand eight hundred and fifty-six,
are hereby repealed. [^Approved May 30, 1857.]

An Act concerning the Danvers Railroad Company, and the Boston and Chap. 263

Maine Railroad.

Be it enacted, S^-c, as follows :

Section 1. The Boston and Maine Railroad is hereby Boston and Maine

. f. , , -p. railroad required

required to run, between tlie terminus oi the Danvers to run certain
Railroad in Danvers, and Boston, passenger and freight
trains sufficient and so as best to accommodate tlie public,
and the business along the line of the Danvers Railroad, and
the passengers, merchandise and cars to and from the Nevv-
buryport and Salem and Lowell Railroads, which it is hereby
required to draw on said trains, between the points of the
intersection of the Danvers Railroad with said railroads, and
Boston ; and shall furnish one merchandise and three pas-
senger trains at least, each way, daily, Sundays excepted,^
two of which passenger trains shall be independent and
express trains, between South Reading and Boston.

Section 2. If the Danvers and Newburyport Railroad Agreement upon

. T-»'i 1111 *■'"* number of

Companies, and the Boston and Maine Railroad shall not trains.
agree upon the number of trains to be run daily between the
said terminus in Danvers, and Boston, in addition to those
required by the first section of this act, or upon the times of
starting, rates of speed, fare, freigiit, or any matter respecting
the running of any of the trains, or upon the terms of con-
nection with the Newljuryport Railroad Company, or with
the Salem and Lowell Railroad Company, including the
compensation to the Boston and Maine Railroad, for drawing
the passengers, merchandise and cars of the Newburyport
Railroad Company, and of the Salem and Lowell RaiLroad
Company, — then, tliree disinterested persons, not residents itoferees.
of the county of Essex, shall be appointed by the supreme
28

612

1857.— Chapter 264.

judicial court, upou the application of either party interested,
and upon reasonable notice to the parties, who shall decide
and determine the same ; and their determination shall be
binding and conclusive in the premises, until by the agree-
ment of the parties, or upon a like application and notice,
the same shall be changed.
Act not to give SECTION 3. Nothiug hcrciu contained shall be construed
Teged ^ contract, to sauctiou. Or give Validity to the alleged contract, between
*""■ the Boston and Maine Railroad and the Eastern Railroad

Company, dated July fourteenth, one thousand eight hun-
dred and fifty-five ; nor to affect the rights of the said Danvers
Railroad Company under its lease to the Boston and Maine
Railroad, dated March first, one tliousand eight hundred and
fifty-five, or the validity of the agreement made by the
Newburyport Railroad Company, dated May twenty-seventh,
one thousand eight hundred and fifty-three, — nor to deprive
the Danvers Raih'oad Company of a fair compensation and
remuneration for all business done upon its road. \^Approved
May 30, 1857.]

Chap. 264

AppoiDtment of
clerk.

Clerk shall give
bond.

Shall not act as
counsel.

An Act concerning the Police Court of the Town of Milford.
Be it enacted, SfC, as folloivs :

Section 1, The governor, with the advice and consent of
the council, shall nominate and appoint a clerk of the police
court of the town of Milford, who shall hold his office for the
term of five years, unless sooner removed by the governor
and council ; and in case of absence or death, or other dis-
ability of said clerk, the justice of said court may appoint a
clerk, p?'o tempore, who shall officiate as such until the stand-
ing clerk sliall resume the performance of his duties, or until
another clerk shall be appointed by the governor and council.

Section 2. The clerk shall be sworn to the faithful per-
formance of his duties, and give bond to the treasurer of
the county of Worcester, in the sum of three thousand dol-
lars, with surety or sureties to the acceptance of said treas-
urer, with the condition for the faithful performance of the
duties of said office.

Section 3. The clerk shall attend all sessions of said
court, whether for the transaction of civil or criminal busi-
ness, and shall keep a record of all the proceedings of said
court. And the records of proceedings in civil cases shall
be kept in a different book and separate from the record of
proceedings in matters of a criminal nature.

Section 4. The clerk shall not be retained or employed
as counsel or attorney, in any suit, complaint, or other pro-

1857.— Chapter 264. 613

ceedings whatever, before said court, nor in any wliicli shall
have been heard, tried, or examined therein.

Section 5. The clerk shall make out all warrants, Avrits, Duties.
and processes, which shall be ordered by said court, and tax
all bills of costs, receive all fines and forfeitures, and fees
awarded and payable in said court, and all fees for blanks,
and for copies, in civil and criminal suits.

Section 6. All fees and charges, both in civil and criin- tees.
inal proceedings, and all fines and forfeitures, and all costs
in criminal proceedings, now by law received by or payable
to the standing justice, shall be received by said clerk, and
by him accounted for to said treasurer annually, and he shall
forthwith pay over the amount due to said treasurer, after
paying over and retaining the fines and fees as hereinafter
provided.

Section 7. Said clerk shall pay over, quarterly, to the compensation of
standing justice, to be retained by him in full compensation
for all services, which by law he is required to perform, the
fees received in civil actions and criminal prosecutions,
which now, by law, accrue to the standing justice : provided,
that the amount so paid over to the standing justice, for his
services in criminal prosecutions, shall not exceed the sum
which the standing justice is now, by law, entitled to retain
for the same services. And said clerk shall pay over to the
special justice of said court, the fees in civil actions and
criminal prosecutions, which now legally accrue to the special
justice, as and for the full compensation of the s{)ecial jus-
tice for all services which by law he is required to perform.
And out of the balance of fees in civil actions and criminal ^"mpersuion of
prosecutions, remaining after paying over as aforesaid, the
clerk shall retain in full compensation for all his services as
clerk, the sum of three hundred dollars annually. And in
case the balance of fees aforesaid does not amount to three
hundred dollars, the clerk shall retain out of the tines and for-
feitures by him received, such sum as shall be required to
make up tlie deficiency. And in case there should be no
fees remaining after paying over as aforesaid, the clerk shall
retain in full for his said compensation, out of the fines and
forfeitures by him received, the said sum of three hundred
dollars.

Section 8. All writs and processes issuing from said wnts, &e.
court, shall bear test of the standing justice, or in case
of the absence, death, or other disability, of the standing
justice, then of the special justice, and shall be signed by
said clerk.

Section 9. This act shall take effect from and after its
passage. [^Approved May 30, 1857.]

GU 1857.— Chapters 265, 266.

Chap. 265 -^^ -^CT concerning the Police Court, in Lowell.

Be it enacted, Sf^c, as folloivs :

Special justice SECTION 1. Whenever the standing jnstice of the police

"ng' ju'stke!'"'"'^" court of Lowell shall request either of the special justices of
said court to aid him in performing the duties of his office,
said special justice is hereby authorized to hold a court for
the trial of any civil or criminal matter which may be pend-
ing in said court, with all the powers of said standing jus-
tice ; and he shall be paid therefor, by said standing justice,
out of the allowance granted him by law, the same fees as
justices of the peace receive in like cases.

Clerk. Section 2. Said standing justice may retain, in addition

to the amount now allowed by law, the further sum of
eight hundred dollars, for the support of a clerk of said
court, duly appointed and actually employed, or such part
of said sum as may be received by said standing justice as
now provided by law.

Terms. SECTION 3. The civil tcrms of said court shall hereafter

be holden on the first and third Mondays of each month.

rreried**""* """^^ SECTION 4. All acts and parts of acts, inconsistent with
this act, are hereby repealed. [^Appi'oved May 30, 1857.]

Chap, 266 An Act concerning Vacancies in School-Committees.

Be it enacted, Sfc, asfotloics :

Manner of filling SECTION 1 . Whenever any member or members of the
school-committee of any city or town shall decline further
service, or from change of residence or otherwise, shall
become unable to attend to the duties of said board, the
remaining members thereof shall, in writing, give notice of
the fact to the selectmen of the town, or to the mayor and
aldermen, if it be a city ; the two boards shall, then, after
giving public notice of at least one week, proceed, by joint
ballot, to fill such vacancy or vacancies ; and a majority of
the ballots of all persons entitled to vote shall be held to be
necessary to a choice at such election.

wci'"' "'^ "''"^ Section 2. The same proceedings as above prescribed
shall be had in case of a vacancy caused by the refusal of
any person, elected as member of any school-committee, to
accept said office, after having been notified of such election
according to the two hundred and eighty-third chapter of
the acts of eighteen hundred and fifty-three ; and in case
all the persons elected as members of the school-committee,
shall, after such due notice, decline accepting said office, or
having accepted thereof, shall afterwards decline further
service, the selectmen, or the mayor and aldermen shall, after

1857.— Chapters 267, 268. 615

giving due public notice, proceed, by ballot, to elect a new
board ; and the votes of a majority of the entire board of
selectmen, or of mayor and aldermen, shall be necessary to
an election.

Section 3. Any persoji elected in accordance with the Powers and
provisions of this act, shall have the same powers and duties
as if he had been cliosen a member of the school-committee
in any other legal manner: provided, hoivever, that in all Proviso,
cases the term of service of such member shall end with the
municipal or official year in which he may be chosen ; and
if the vacancy was in the first instance for a longer period,
it shall at the first annual election after the occurrence of
said vacancy, be filled in the manner prescribed for original
elections to the school-committee.

Section 4. Chapter one hundred and forty-four of the Acts repealed.
acts of eighteen hundred and forty-nine ; chapter three hun-
dred and nine of the acts of eighteen hundred and fifty-one;
chapter one hundred and one of the acts of eighteen hundred
and fifty-six, and all acts and parts of acts, inconsistent with
the provisions of this act, are hereby repealed.

Section 5. This act shall take effect from and after its
passage. lApproved Maij 30, 1857.]

An Act respecting Trials by the Court. G/lClj). 2\)1

Be it enacted, Sf'C, as folloios :

Section 1. In all civil actions, trial bv jury may be Jury trial may

" ' • be waived.

waived, by the consent in writing of the several parties, or
their counsel, filed with the clerk at any time before the
trial, and the cause shall thereupon be heard and determined
by the court, and judgment shall be entered as in case of
verdict by a jury.

Section 2. Either party may file exceptions to the New trial.
decisions and rulings of the court upon all matters of law,
arising upon such trial, and move for a new trial, for mistake
of law or for newly discovered evidence, and be entitled to
review in the same manner and with the same effect as upon
trial by jury.

Section 3. The court shall make such rules for' the con- i^^i^s.
duct of trials by the court, as they may respectively find
necessary. \^Approved May 30, 1857.]

An Act to provide for the maintenance of the Essex Bridge. Chcip. 268

Be it enacted, Sfc, as folloivs :

Section 1. The treasurer and receiver-general, in the ''''■'''''"'iu.w*;^'

o 7 uionwcaltli to ac-

name, and to the use of this Commonwealth, is hereby au- cept bridge ana
thorized to accept the bridge and franchise now owned by

616

1857.— Chapter 268.

Trustees to bo
appointed.

Treasurer to
quitclaim to
trustees.

the proprietors of Essex Bridge, but which on the twenty-
fourth day of September, which shall be in the year one
thousand eight hundred and fifty-eight, is, by the act of
incorporation of said proprietors, to be delivered up in good
repair to and for the use of this government, and by a
proper instrument to be authenticated by the seal of the
Commonwealth, to release said corporation from all further
liability for the maintenance of said bridge : provided, that
said bridge at the time of its delivery shall be in good
repair, according to the true intent and meaning of said
act, and shall be so certified by the mayor and aldermen of
the city of Salem and the selectmen of the town of Beverly,
or a majority thereof. And if at the expiration of tlie
period limited as aforesaid, the said bridge shall not be de-
livered up in good repair, as aforesaid, and a satisfactory
certificate thereof issued, a bill of complaint shall be filed,
in the name of the Commonwealth, in the supreme judicial
court of the county of Essex, against said corporation and
its officers, to compel a specific performance of the contract
of said corporation "^with the Commonwealth. And full
power and authority is hereby given to said court, as a court
of chancery, to hear and determine said cause, and to make
and enforce all necessary orders and decrees.

Section 2. The mayor and aldermen of the city of
Salem, on or before the said twenty-fourth day of Septem-
ber, in the year one thousand eight hundred and fifty-eight,
and in tbe month of February of each succeeding year, as long
as the provisions of this act shall remain in force, shall appoint
two trustees of the Essex Bridge, who shall remain in office
till their successors shall be duly appointed ; and in case of
death, resignation or removal, the vacancy for the unexpired
term sliall be filled by similar appointment by said mayor
and aldermen. The selectmen of the town of Beverly shall,
in like manner, on or before said twenty-fourth day of Sep-
tember, and in the month of February of each succeeding
year, as long as the provisions of this act shall remain in
force, appoint one trustee of the Essex Bridge; and any
vacancy, caused by death, resignation or removal, shall be
filled for the unexpired term by similar appointment of said
selectmen. The first appointment of such trustees shall be
constrned to be an acceptance of this act by said city of
Salem and town of Beverly,' and due notice thereof shall be
given to the treasurer and receiver-general of tlie Com-
monwealth.

Section 3. As soon as the treasurer and receiver-general
of the Commonwealth shall have received due notice as

1857.— Chapter ^68. 617

aforesaid, of the appointment of such trustees, and the
bridge shall have been delivered up as aforesaid, the said
treasurer and receiver-general is hereby authorized to exe-
cute to such trustees, in the name, and under the seal of
said Commonwealth, a deed of quitclaim and release of said
bridge, and the franchise now held by the said corporation
to said trustees, to have and to hold to said trustees and their
successors, upon the following trusts and conditions, that is
to say : —

First. — The said trustees shall cause the said bridge to be conditions.
kept in good repair, and at all times, in the night time as
well as in the day, safe and convenient for the passage of
travellers.

Second. — The said trustees shall cause to be kept and
maintained, a convenient draw or passage-way, at least thirty
feet wide, in the same part of the bridge with the present
draw, proper for the passing and repassing of vessels by day
and by night through the said bridge, and shall also main-
tain in good repair, the piers on each side of said draw, and
shall extend the pier on th€ eastern side thereof at least
thirty feet, and shall constantly keep at said draw some
suitable person for lifting up the same, for the passing and
repassing of all ships and vessels whose masts will not admit
a safe passage under said bridge. And the agents of said
trustees shall be required to render all practicable aid to
vessels passing such draw.

Third. — Said trustees may levy a toll at the rates now
enforced by the proprietors of Essex Bridge. No toll shall
be levied except as aforesaid, and no charge of any kind
shall be made to vessels passing said draw.

Fourth. — At the place where the toll shall be collected
there shall be conspicuously exposed to view a sign or board
with the rates of toll painted thereon in large letters.

Fifth. — The said trustees shall, on the first day of Jan-
uary, in each year, present an account of moneys received
by them and expenses incurred, to such committees or
persons as may be appointed by the city council of Salem
and by the town of Beverly to audit the same, which ac-
counts shall be made up to the first day of December next
preceding ; and copies of said accounts, when allowed, shall
be published three times, successively, in one of the news-
papers printed in the city of Salem.

Sixth. — The said trustees shall have the entire charge and
superintendence of said bridge, and the necessary repairs
thereof, and may appoint draw-tenders and toll-gatherers,
and all necessary servants and agents.

618

1857.— Chapter 268.

Supreme court
shall have juris-
diction to en-
force, &c.

Seventh. — If the receipts of said bridge shall, upon being
audited as aforesaid, appear to have been insufficient to pay
the ordinary expenses incurred during tlie term, the defi-
ciency shall be made up by tlie city of Salem and the inhab-
itants of Beverly, the former being liable to said trustees for
two-thirds thereof, and the latter for one-third thereof.

Eighth. — If the receipts of any year shall exceed the
expenses, such excess shall be safely and securely invested
as a contingent fund, and shall be suftered to accumulate
until the same shall reach the sum of thirty thousand dol-
lars, after which time, the income of said contingent fund
may be applied to the ordinary expenses of maintaining said
bridge : provided, that whenever it shall become necessary
to make any extraordinary repairs iipon such bridge, the
trustees may appropriate a part of such funds for such pur-
pose ; and if at the time of such appropriation the funds
shall have reached the aforesaid sum of thirty thousand
dollars, the interest and surplus earnings accruing after-
wards, shall be added to the principal sum until the fund
shall again reach the sum of thirty thousand dollars.

Ninth. — The legislature may reduce the rates of toll,
whenever the contingent fund shall have reached the sum of
ten thousand dollars, and may wliolly abolish the same when
the same shall amount to thirty thousand dollars, or when-
ever the inhabitants of Beverly, at a meeting legally called
for the purpose, and the city council of the city of Salem
shall, by vote, agree to accept and maintain sa,id bridge.

Tenth. — The city of Salem and the inhabitants of Beverly
shall be liable in an action of tort, for any accidents which
may be caused to passengers by any defect in said bridge, to
the same extent in which towns are or shall be liable for any
defect in a townway ; the former being liable for two-thirds,
and tlie latter being liable for one-third thereof. In all
actions for damages, as aforesaid, the city of Salem and
inhabitants of Beverly shall be made defendants, and exe-
cution which shall issue may be satisfied against either
defendant, who may compel a contribution by the other.
But in no event shall any part of the toll received be applied
to the payment of damages.

Section 4. The supreme judicial court, upon the infor-
mation of the attorney-general, shall have full jurisdiction
to enforce the performance of the trusts and conditions of
said deed, as well against the city of Salem and inhabitant-j
of Beverly, as against said trustees ; and this section sliall
not impair tlie rights or remedies of any person who may be
injured by any act, misdoing or default, of any party in the

1857.— Chapters 269, 270. 619

premises, nor the authority of the grand jury to proceed by
indictment against any party for any wrongful act or omission.
[Approved Maij 30, 1857.]

An Act in addition to an Act establishing the Salaries of certain Public Chcip. 269

Officers.

Be it enacted, Sfc, as folloivs :

Section 1. The first section of chapter one hundred and First cierks in sec-

„ , ^, I'll retarv s and trea-

thirty-one oi the acts ot the year one thousand eight hun- surer's offices.
dred and fifty-four, is so far amended as that the first clerk
in the treasurer's office shall receive an annual salary of
fifteen hundred dollars ; the salary of the chief clerk in the
office of the secretary of the Commonwealth shall be fifteen
hundred dollars ; to be computed from and after the first
day of January, in the year one thousand eight hundred
and fifty-seven, — to be paid to them in full for their services,
in quarterly payments, from the treasury of the Common-
wealth.

Section 2. All acts and parts of acts, inconsistent here- inconsistent act*

r 7 repealed.

With, are hereby repealed.

Section 3. This act shall take effect from and after its
passage. \_Approved May 30, 1857.]

Ax Act providing for the Election of School-Committees. CllCip. 270

Be it enacted, SfC, as folloivs :

Section 1. The inhabitants of every town in this Com- inhabitants simii
monwealth shall, at the next annual meeting after the pas- '''^°°''"'"-
sage of this act, choose by written ballot, a board of school-
committee, which board shall consist of three, six, nine or
twelve persons, or any other number divisible by three ; and
said board shall have all the powers, and be subject to all
the duties and liabilities, provided by law.

Section 2. At the first annual meeting after the passage Duration of office.
of this act, each and every town in this Commonwealth shall,
by vote of the inhabitants thereof, decide of what number
the aforesaid board shall consist. One-third of said board
shall then be elected for the term of one year, one-third for
the term of two years, and one-third for the term of three
years ; after which first election, one-third of said board
shall be elected for the term of three years.

Section 3. Whenever, from any cause, any vacancy shall vacancies.
occur in the aforesaid board, svich vacancy may be filled in
the same manner as is now provided by law : provided, any
person elected or appointed to fill any vacancy as aforesaid,
shall hold office only during the term for which his prede-
cessor was elected.

620 1857.— Chapters 271, 272.

Increase and dim- SECTION 4. Whenever aiij town shall decide by vote to
increase or diminish the number of persons constituting the
afores-aid board, such increase may be effected by adding one
or more to each class, — which additional person or persons
shall hold office according to the tenure of the class for
which he or they may be elected ; and a diminution may be
effected by a successive decrease of one or more at each
annual election thereafter, until the desired number shall be

Proviso. struck off: provided, that in case one or more of the number

of said board shall be struck off in any one year, the same
number shall be struck off in each of the two succeeding
years, so that the diminution shall equally affect each class.

Cities. Section 5. Any city in this Commonwealth, in which the

board aforesaid is elected by the people, may avail itself of
the provisions of this act, as to the election of such board, —
provided, the city council of such city shall vote so to do ;
in which case the number of which such board shall consist
shall be determined by a joint vote of said city council.

Inconsistent acts SECTION 6. All acts and parts of acts, inconsistent with

repeae . ^^^^ provislous of ihis act, are hereby repealed. \^Approved

Maij 30, 1857.]

Chcin, 271 "^^ ^^^ concerning the Parsonage Lands of the Second Parish in West
-* ' Newbury.

Be it enacted, SfC, as follows :

Proceeds of sale. The procccds of thc salc authorized by the first section of
the fiftieth chapter of the acts of eighteen hundred and

Appointment of fifty-fivc, sliall bc placcd in the hands of three trustees, to be
appointed by the parish, at a meeting duly called for the
purpose, to be held by them in trust, for the same purposes
as the lands which have been sold in pursuance of said first
section were originally held. \^Approved May 30, 1857.]

Chap. 272 An Act establishing the Salary of the Clerk of the Courts for the County

of Hampden.

Be it enacted, Sfc, as follows :
Salary of «i,8oo. SECTION 1. The clcrk of the courts for the county of
Hampden shall hereafter retain for his annual salary, out of
the fees for which he is to account, the sum of eighteen
hundred dollars, if he shall have received so much.

Section 2. This act shall take effect from and after its
passage. [Approved May 30, 1857.]

1857.— Chapters 273, 274. 621

An Act to increase the Capital Stock of the City Bank, of Worcester. Chap. 273
Be it eyiacted, SfC.^ as follows :

Section 1. The president, directors and company of tlie Additional capi-
City Bank, of "Worcester, are hereby authorized to increase
their present capital stock, by an addition thereto of one
hundred thousand dollars, in shares of one hundred dollars
each, which shall be paid in such installments as the president
and directors may determine : provided, that the whole Proviso.
amount shall be paid in before the first day of May, in the
year one thousand eight hundred and fifty-eight.

Section 2. If any of the stockholders of said bank remon- Remonstrance to
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.

Section 3. The additional stock aforesaid, when paid into ^^^''''"°" °^ <=^p'-
said bank, shall be subject to the like tax, regulations,
restrictions and provii>ions, to which the present capital stock
of said bank is now subject.

Section 4. Before the aforesaid corporation shall proceed certificate to be
Xo do business on said additional capital, a certificate, signed retary's office.
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 the office of the secretary of
the Commonwealth.

Section 5. This act shall take effect from and after its
passage. \^Approved May 30, 1857.]

An Act establishing the Salaries of the Judges and Registers of Courts Chap. 274
of Insolvency.

Be it enacted, SfC, as follows :

Section 1. The several judges and registers of insolvency salaries of judges
shall receive the sums hereinafter named, for their services, °f '"^''^^^"''y-
to be paid to them respectively out of the treasury of this
Commonwealth, in quarterly payments, on the first days of
January, April, July and October, and in the same propor-
tion for any part of a year, to wit : —

Tlie judge of insolvency for the county of Suffolk, the sum
of twenty-five hundred dollars :

The judge of insolvency for the county of Middlesex, the
sum of twelve hundred dollars :

The judge of insolvency for the county of Worcester,
eleven hundred dollars :

622 1857.— Chapter 274,

The judge of insolvency for the county of Essex, one
thousand dollars :

The judge of insolvency for the county of Norfolk, nine
hundred dollars:

The judge of insolvency for the county of Bristol, seven
hundred dollars :

The judge of insolvency for the county of Plymouth, seven
hundred dollars :

The judge of insolvency for the county of Berkshire, five
hundred dollars :

The judge of insolvency for the county of Hampden, five
hundred dollars :

The judge of insolvency for the county of Hampshire, four
hundred dollars :

The judge of insolvency for the county of Franklin, three
hundred dollars :

The judge of insolvency for the county of Nantucket, two
hundred dollars :

The judge of insolvency for the county of Barnstable, three
hundred dollars :
Registers of insoi- Thc register of the court of insolvency for the county of
Teucy. Suffolk, shall receive the sura of three thousand dollars :

The register for the county of Middlesex, eleven hundred
dollars :

The register for the county of Worcester, eleven hundred
dollars :

The register for the county of Essex, nine hundred dollars :

The register for the county of Norfolk, nine hundred
dollars :

The register for the county of Hampden, four hundred
dollars :

The register for the county of Bristol, five hundred dollars :

Tlie register for the county of Plymouth, five hundred
dollars :

The register for the county of Berkshire, four hundred
dollars :

The register for the county of Hampshire, three hundred
dollars :

The register for the county of Franklin, three hundred
dollars :

The register for the county of Barnstable, three hundred
- dollars :

The register for the county of Nantucket, one hundred
dollars :

fddittonaVTom^- ^^CTiON 2. No judge Or register of insolvency shall
peDsaUon. ''°°'" rcccivc any fee or compensation in addition to the salaries

1857.— Chapters 275, 276. 623

above provided, for any thing done by them respectively in
their official capacities, except as provided in those sections
of the two hundred and eighty-fourth chapter of the acts of
the year one thousand eight hundred and fifty-six not hereby
repealed.

Section 3. The insolvent court established by the pro- insoivency court

. . /. T-» 1 • 1 1 1 1 f<"" Dukes county

Visions of said chapter, for Dukes county, is hereby aooi- abolished.
ished, except for tlie purpose of finishing any cases in
insolvency already commenced and pending therein, or
which may be so commenced before this act shall go into
operation.

Section 4. The same jurisdiction, power and authority, P^^obate court^to
now possessed and lawfully exercised over all persons, mat- tion.
ters and cases in insolvency, by said court for Dukes county,
its judge and register, are hereby conferred upon and vested
in the court of probate now established in Dukes county,
and the judge and register of said probate court shall be
required to do all the business of the insolvency court of
Dukes county, and they shall receive the compensation now
received by the judge and register of the insolvency court
in said county.

Section 5. The judge and register of insolvency for the ^^'*^y^°/°°3*g'°j
county of Dukes shall continue to receive their salaries at now pending.
the rate heretofore established, until such pending cases, or
cases to be commenced before this act goes into operation,
shall be finished : provided, /lowever, that the same shall in
no event be paid for a longer term than six months.

Section 6. Sections eighteen, nineteen, twenty and Partial repeal
twenty-one, of said chapter, and all other parts or provi-
sions of the same chapter, inconsistent with this act, are
hereby repealed. [Approved May 30, 1857.]

An Act to repeal " An Act to change the time of assessing Taxes in the Chap. 27o
City of Boston."

Be it enacted, SfC, as follows :

The three hundred and first chapter of the acts of the Rgf|=^i °f »«* "^
year one thousand eight hundred and fifty-two, is hereby
repealed. [Approved May 30, 1857.]

An Act in addition to an Act relating to Joint Stock Companies, and for Chap. 276
other purposes.

Be it enacted, Sfc, as follows :

Section 1. All manufacturing corporations hereafter certain corpora-

. T n ,• 'J tions to maKe re-

established by special charter, and all corporations organized turns
or established under the provisions of the one hundred and

624 1857.— Chapters 277, 278.

thirty- third chapter of the acts of the year eighteen hundred
and fifty-one, and the several acts in addition thereto ; and
all gas-light companies established under the provisions of
the one hundred and forty-sixth chapter of the acts of the
year eighteen hundred and fifty-five, shall make, publish
and deposit all the certificates and returns required by said
one hundred and thirty-third chapter, and the acts in addi-
tion thereto.
Provisions of 22d SECTION 2. Nouc of the provisions of the twcnty-sccond
chapter R. s. not scctiou of the tliirty-cightli chapter of the Revised Statutes
to apply. gi^j^jl l^g applicable to any of the corporations mentioned in

the preceding section.
Partial repeal. SECTION 3. The secoud scctiou of the four hundred and

thirty-eighth chapter of the acts of the year eighteen hundred
and fifty-four, is hereby repealed. [^Approved May 30,
1857.]

Chap. 0,11 -^ -A^CT in addition to an Act concerning the Indexing of Deeds.

Be it enacted, Sfc, as follows :
Chap. 292 of 1856 SECTION 1. The sccoud scctlou of the two hundred and
amended. ninety-sccoiid chapter of the acts of the year eighteen hun-

dred and fifty -six, is hereby so amended as to empower the
county commissioners in the several counties to cause the
Christian names of the grantors and grantees, as well as their
surnames, to be arranged in alphabetical order, whenever in
their opinion references to the records will be facilitated
thereby.

Section 2. This act shall take effect from and after its
passage. [^Approved May 30, 1867.]

Chap. 278 -^ ^^"^ *° incorporate the Newton Railroad Company.

Be it enacted, SfC, as follows :
Corporators. SECTION 1. H. S. Whitmorc and Preston Wear, junior,

their associates and successors, are hereby made a corpora-
Power to con- tion by the name of the Newton Railroad Company, with
power to construct, maintain and use a railway or railways,
with convenient single or double tracks, from such point or
points in the town of Newton, and upon and over s\ich of
the streets or highways therein as may be from time to time
fixed by the selectmen of said town, with the assent of said
corporation in writing expressed, and filed with said select-
men, to the line of the town of Brighton, and thence upon
and over such streets or highways of the town of Brighton,
as may from time to time be fixed and determined by the
selectmen of said town of Brighton, and assented to in

struct.

1857.— Chapter 278. 625

writing by said corporation, and filed with said selectmen of
Brighton. Said company shall have power to construct said
road over and upon any lands where the land damages may
be mutually settled before entering upon said land ; also
said company shall have the right to locate and construct
said road over any road which may be laid out in Brighton
or Newton, by the county commissioners, with power to con-
nect with either the Western Avenue Railroad, or the Cam-
bridge Railroad, now cliartered : provided^ however, that all Provided, how-
tracks of said railroad s-hall be laid at such distances from ^'^"^^
the sidewalks in said towns, as the selectmen of said towns
respectively shall, within their orders fixing the routes of
said railroads, determine to be for the public safety and
convenience; and said corporation shall have power to fix, Rateaoffare.
from time to time, such rates of compensation, for transpor-
tation of persons or property, as they think expedient, and Privileges, re-

• • strictions &c

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.

Section 2. The selectmen of said towns, respectively, selectmen shaii
shall have power, at all times, to make all such regulations ^*^^p°'^"-
as to the rate of speed and mode of use of said tracks, as the
public convenience and safety may require.

Section 3. Said corporation shall maintain and keep in Repairs, &c.
repair such portion of the streets 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.

Section 4. If any person shall wilfully and maliciously Penalty for ob-
obstruct said corporation in the use of said road or tracks, or ^'^■■"<=''°s
the passing of the cars or carriages of said corporation
thereon, said persons, and all who shall be aiding or abetting
therein, shall be punished by a fine not exceeding five hun-
dred dollars, or may be imprisoned in the common jail for a
period not exceeding three months.

Section 5. The capital stock of said corporation shall capital stock
not exceed one hundred and fifty thousand dollars, to be fhar^e^f'sso
divided into shares of fifty dollars each ; and no share shall ^^''^■
be issued for a less sum to be actually paid in on each, than
the par value of the shares which shall be first issued.

Section 6. Said corporation shall have power to purchase May hold real
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.

Section 7. The town of Newton or Brighton may, at Newton or Brigh-

.. . />iio-i ton may purchase

any tune during the contmuance oi the charter of said cor- franchise, &c.

626 1857.— Chapter 278.

poration, and after the expiration of ten years from the
opening of any part of said road for use, purchase of said
corporation all the franchise, property, rights and furniture
of said corporation, by paying them therefor such a sum as
will reimburse to each person who may then be a stock-
holder 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 there-
in ; or either of said towns may purchase, on the same terms
and conditions, that part of tbe corporate property which
lies within its own limits, paying therefor a proportional sum,
to be ascertained by commissioners to be appointed by the
supreme judicial court.

Gauge and grade SECTION 8. Tlic Said road sliall be constructed and main-

of road. tained in such form and manner, and upon such grade and

such gauge as the selectmen of said towns may 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 the sole expense of said cor-

ProTiso. poration : 2)rovided, the same shall be assented to by the

selectmen of said towns, respectit'ely.

Corporation may SECTION 9. Said corporatioii is hereby authorized to issue
bonds for the purpose of constructing their road, the amount
thereof not to exceed the amount of capital stock paid in, of
the same kind, in the same manner, upon the same terms,
conditions and restrictions, and to be approved, certified,
recorded and secured, in all respects, in the same way as
the Cambridge Railroad have been authorized by law to
issue bonds.

Act not to pre- SECTION 10. Nothiug in this act shall be construed to

vent authorities, , " . . • i •

&c. prevent the proper authorities, within said towns, irom enter-

ing upon and taking up any of the public streets, traversed
by said railroad, for the purposes for which they may now
lawfully take up the same for repairs.

Act void, unless, Sectjon 11. This act shall be void, so far as relates to
the right to construct said road in either of said towns, unless
the same shall be accepted by the selectmen of said town
and by said corporation, and ten per cent, of the capital
stock thereof paid in within three years from and after the
passage of this act.

Section 12. Said corporation shall be deemed a railroad
corporation so far as to be subject to make such annual
returns to the legislature as are or may be prescribed by law,
but not to the other general provisions of law in relation to
railroad corporations.

1857.— Chapters 2l9, 280, 281. 6^7

Section 13. The existence of said corporation is hereby ouratiou.
limited to the term of fifty years from the passage hereof,
[Approved May 30, 1857.]

As Act in addition to an Act to incorporate the Salem Mechanic Hall Chcip. 279

Corporation.

Be it enacted^ Sfc.^ as follows :

Section 1. The Salem Mechanic Hall Corporation are capital stock in-
authorized to increase their capital stock, by issuing not 25rsharesat$40
more than two hundred and fifty shares, in addition to the
number already issued, at forty dollars for each share, and
to hold real estate to an amount not exceeding in the whole
the sum of forty thousand dollars.

Section 2. This act shall take effect from and after its
passage. [Approved May 30, 1857.]

An Act relating to the Sale of Deadly Poisons. Chap. 280

Be it enacted, SfC., as folloivs :

Section 1. Whenever any apothecary, or other person, Kecorj to be
shall hereafter sell, in this Commonwealth, without the ''^ '
written prescription of a physician, any arsenic, strychnine,
corrosive sublimate, or prussic acid, he shall keep a record
of the date of such sale, the article, and the amount thereof
sold, and the person or persons to whom delivered.

Section 2. Any person neglecting to comply with the Penalties.
provisions of this act, shall forfeit to the use of the city or
town in which he shall make such sale, a sum not exceeding
fifty dollars for each offence. And any person purchasing
deadly poisons, as aforesaid, who shall give a false or ficti-
tious name to any apothecary or other person, as aforesaid,
shall be liable to a fine not exceeding fifty dollars. [Ap-
proved May 30, 1857.]

An Act concerning the Boston Lunatic Hospital. ChciJ). 281

Be it enacted, ^c, as folloivs :

Section 1. The city of Boston, by and through the Patients may be
agency of the Board of Visitors of the Boston Lunatic Hos- not ' "
pital, or by and through any other agency which shall be
established therefor by the city council of the city of Boston,
may admit into said hospital, as patients, insane persons,
who are not paupers, upon such terms and conditions, and
for such compensation as may, from time to time, be fixed
by said city council, or by the authority thereof.

Section 2. This act shall take effect from and after its
passage. [Approved May 30, 1857.]

adaiitted who are
paupers.

628 1857.— Chapters 282, 283.

Chap. 282 ^^ ^^'^ to amend "An Act to establish a Hospital for Insane in AVestern

Massachusetts."

Be it enacted, Sfc, as folloivs:

Treasurer may SECTION 1. Chapter four hundred and fifty-four of the

issue scrip ,- ^^^^ ^^ ^j^^ jq^y ouc thousand eight hundred and fifty-five,
is hereby so far amended as to authorize the treasurer, under
the direction of the governor, with the advice and consent
of the council, to issue scrip or certificates of debt in the
name and behalf of the Commonwealth, to an amount not
exceeding one hundred and fifty thousand dollars, bearing an
interest not exceeding six per cent., payable semi-annually,
on the first days of April and October, with warrants for
the interest attached thereto, signed by the treasurer, which
scrip or certificates shall be redeemable on the first day
of April, one thousand eight hundred and sixty-eight, and
shall be countersigned by the governor of the Common-
wealth, and be deemed a pledge of the faith and credit of
the Commonwealth for the redemption 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 original par value.

Shall destroy old SECTION 2. Thc treasurer, in the presence of the gov-
ernor and auditor, is hereby authorized to destroy the scrip
or certificates of debt, made under the authority of the
second section of chapter four hundred and fifty-four of the
acts of one thousand eight Iiundred and fifty -five.

Partial repeal. SECTION 3. So uiuch of thc sccoud scctiou of chapter

four hundred and fifty-four of the acts of one thousand eight
hundred and fifty-five, as conflicts with the provisions of this
act, is hereby repealed. [^Approved May 30, 1857.]

ated to complete.

Chcip. 283 -^^ ^^^ ^^^ addition to an Act establishing a Hospital for Insane in

Western Massachusetts.

Be it enacted, SfC., as follows :

*50_,oooappropri- SECTION 1. The sum of fifty thousand dollars is hereby
appropriated for the purpose of completing the hospital for
insane in Western Massachusetts, now being erected in
Northampton, to be expended under the authority of the
commissioners provided in the act to which this is in addi-
tion : provided, that no part of the said sum shall be drawn
from the treasury, unless the governor and council shall first
be satisfied by detailed estimates and specifications, that the
said hospital will be entirely completed for said sum.

Tren.'turer to is- SECTION 2. lu ordcr to providc the means to defray the
expenses contemplated in the first section of this act, the
treasurer is hereby empowered, under the direction of the

sue scrip.

,1857.— Chapter 284. 629

governor, with the advice and consent of the council, to issue
scrip or certificate of debt in the name and the behalf of tlie
Commonwealth, and under his signature and the seal of the
Commonwealth, to an amount not exceeding fifty thousand
dollars, bearing an interest of six per cent, per annum,
payable semi-annually on the first days of June and Decem-
ber, with warrants for the interest attached thereto, signed
by the treasurer, which scrip or certificate shall ho redeemable
on the first day of June, one thousand eight hundred and
seventy-seven, 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 redemption 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 original par value.

Section 3. The commission provided in the act to which oommiesion Phaii
this is in addition, shall terminate on the first day of October, *"^'"'"'' ^'"^ *""'
one thousand eight hundred and fifty-seven.

Section 4. This act shall take effect from and after its
passage. [Approved Map 30, 1857.J

An Act concerning the Discipline of the State Prison. Chap. 28'-J:

Be it enacted, S^'C., as follows :

Section 1. The warden of the state prison shall keep a necnra of con-
record of the conduct of each convict, and for every month '"''
that such convict shall appear by such record to have faith-
fuTIy ohserved all the rules and requirements of the prison,
and shall not have been subjected to punii^hment, there shall
be a scale of deduction from the term of such convict's
sentence, in the following proportion : For a convict under Deduction from
sentence for a term of less than three years, one day for each
month of good conduct during said term ; for a convict
whose sentence is for a term of three years or more, and less
than ten years, two days for each month of good conduct
during said term ; and for a convict whose sentence is for a
term of ten years or more, five days for each month of good
conduct during said term.

Section 2. The record aforesaid, with the scale of de- Record fhaii be
duction provided in the foregoing section, shall be submitted eril^r'and 'co^un-
once in three months, by the warden, to the governor and <=>' 'i"''>^'''«'y-
council, that the same may be considered by them in the
exercise of the executive clemency on behalf of each con-
vict, if they shall deem the same conducive to the interests
of the prison and promotive of the reformation and welfare
of the convicts confined therein.

Section 3. This act shall take effect from and after its
passage. [Approved May 30, 1857.]

630

1857.— Chapter 285.

Chap. 285

Corporators.

Power to con-
struct, &c.

Kates of fare.

Privileges, re-
Ftrictions, &c.

City council may
discontinue, &c.

Notice to abut-
ters.

An Act to incorporate the Suffolk Railroad Company.
Be it enacted, Sfc, as follovjs :

Section 1. That George H. Plummer, Ebenezer Atkins,
Edward F. Porter, David L. Webster, Asa Fisk, John G.
Webster, and their associates and sviccessors, are hereby-
made a corporation by tlie name of the Suffolk Raih^oad
Company ; with power to construct, maintain and use a
railway or railways, with convenient single or double tracks,
commencing at such central point or points in the city of
Boston, as shall be fixed by the board of aldermen of said
city, with the assent of said corporation, expressed in writing
and filed with said board of aldermen ; thence upon and
over such streets and highways of said city, as shall from
time to time be fixed and determined by said board of alder-
men, with the written assent of said corporation filed as
aforesaid, to some points at or near the western terminus of
the Chelsea and each of the East Boston Ferries ; and again
commencing at or near the eastern terminus of each of the
East Boston Ferries ; ^thence upon and over Lewis, Border,
Sumner, Meridian and Chelsea Streets, or either of said
streets, or such other streets and highways in East Boston,
as shall from time to time be fixed and determined by the
board of aldermen of said city, with the written assent of
said corporation, filed with said board of aldermen.

Section 2. All tracks of said railroad shall be laid at
such distances from the sidewalks in said city, as the board
of aldermen, in their orders fixing the route of said railroad,
may determine ; and said corporation shall have power to fix,
from time to time, such rates of compensation for transport-
ing persons and 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 ; and provided,
that any time after the expiration of one year from the open-
ing for use of said railroad, in any street in which the same
may be located, as provided by its charter, the city council
of the city of Boston may, by vote of the majority, deter-
mine as to the said track, that the same or any part thereof
be discontinued ; and thereupon the location shall be deemed
revoked, in conformity with such vote of the city council :
provided, that such taking, and removal shall be at the
expense of the said railroad company. Notice to abutters
on streets, in which it may be proposed to lay the tracks of
said corporation, shall be given by publication in one or more
newspapers published in said city of Boston, of an order of

1857.— Chapter 285. " 631

notice from the board of aldermen of said city, fourteen
days at least before the location of any such tracks.

Section 3. Said tracks or roads shall be operated and iiorse-power
used by said corporation with horse-power only. The board °°^'
of aldermen of said city shall have power, at all times, to
make all such regulations, as to rate of speed and mode of
use of said tracks, as the public convenience and safety
may require.

Section 4. Said corporation shall maintain and keep in Repairs.
repair such portion of the streets, 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, neg-
lect or misconduct of any of its agents or servants in the
management, construction or use of said track ; and in case
recovery shall be had against said city by reason of any such
defect or want of repair, said corporation shall be liable to
pay to said city any sums thus recovered against them,
together with all costs and reasonable expenses incurred by
said city, in the defence of any such suit or suits in which
recovery may be had ; and said corporation shall not encum-
ber any portion of the streets not occujned by said road or
tracks.

Section 5. If any person shall wilfully or maliciously Fine for obstruc-
injure said track or tracks, or obstruct said corporation in '""^ ""^ '"•'"'"y-
the use of said road or tracks, or the passing of the cars or
carriages of said corporation thereon, such person, and all
who shall be aiding or abetting therein, shall be punished by
a fine not exceeding five hundred dollars, or may be impris-
oned in the common jail for a period not exceeding three
months.

Section 6. If said corporation or its agents or servants. Penalty if corpo-
shall, wilfully or maliciously obstruct any highway, or ^j-^g ^^*»°'' ° ^ «■"<=
passing of any carriages over the same, such corporation
shall be punished by a fine not exceeding five hundred
dollars.

Section 7. The capital stock of said corporation shall capital stock
not exceed three hundred thousand dollars, to be divided fhare's of $50'.''
into shares of fifty dollars each ; and no shares shall be
issued for a less sum, to be actually paid in on each, than
the par value of the shares which shall first be issued, with-
out the written consent of each of the stockholders of said
corporation.

Section 8. Such corporation shall have power to purchase May purchase ne-
and hold such franchises, personal estate and real estate, as tate, &c.
may be convenient or necessary for the purposes of the trans-
portation of passengers and freight between said termini,
and for the management of said road.

632 1857.— Chapter 285.

Board of alder- SECTION 9. TliG Said road shall be constructed and main-

mea to deter- , . t . , ^ ^ i i i

mine grade. tauicd, in sucli lorm and manner, and upon sucn grade as
the board of aldermen of said cit}'^ may, in their votes, fixing
and determining the routes thereof, as aforesaid, prescribe
and direct; and whenever, in the judgment of said railroad
corporation, it shall be necessary to alter the grade of any
street so occupied by it, such alteration may be made at
the sole expense of said corporation : provided, the same
shall be assented to by the board of aldermen of said city.

Act not to pre- SECTION 10. Nothing in this act shall be construed to

teking^upsto^ets! prcvcut tlic city authorities from entering upon and taking up
any of the public streets or bridges traversed by said railroad,
for the purposes for which they may now lawfully take up
the same.

Act void, unless. Se(-tion 11. Tliis act shall be void so far as it relates to
the right to construct said roads, unless the same shall be
accepted by the city council of said city, and also by the
said corporation, and unless ten per centum of the capital
stock thereof be paid in within two years a.fter the passage
thereof.

Returns. SECTION 12. Said corporation shall be deemed a railroad

corporation, so far as to be subject to make such annual
retnrns to the legislature as are, or may be, prescribed by
law, but not to the other provisions of law in relation to
railroad corporations.

Boston may pur- SECTION 13. Thc city of Bostou may, at any time during

chase franchise, ^],q coutinuancc of tlic chartcr of the said corporation, and
after ten years from the opening of any part of the road for
use, purchase of the said corporation all franchise, property,
rights and furniture of said corporation, by paying them
therefor sucli a sum as will reimburse to each person who
may be then a stockholder therein, the par value of his stock,
together with a net profit of ten per cent, per annum, from
tlie time of the transfer of said stock to him on the books of
the corporation, deducting the dividends received by said
stockholder thereon.

Corporation may SECTION 14. Tlic corporatiou hereby created, is author-

lease or transfer • i i t , i , r. n •,

to any other cor- izecl aucl cmpowcred to lease or transier all its property,
rights and privileges, or any part thereof, or of its tracks, to
any other like corporation now existing, or which may here-
after be created, for the purpose of constructing a railroad
track over and upon any part of the route contemplated by this
act, on such terms, and to such extent, as may be mutually
agreed upon between the parties, and make and execute
any transfers, contracts or agreements that may be deemed
necessary or proper for the purpose ; and the corporation

poration.

1857.— Chapters ^86, 287. 633

receiving such transfer shall thereupon have and hold the
portion or property so transferred, with all the rights and
privileges, and subject to the same restrictions and provisions,
as were applicable to this corporation.

Section 15. The existence of said corporation is hereby Duration.
limited to the period of fifty years from the passage of this
act : provided, nevertheless, that the legislature may, at any Provided, never-
time, repeal this act, or limit and restrict the powers herein
granted. ^Approved May 30, 1857.]

An Act concerning the Charlestown Water Works. Chan. 286

Be it enacted, Sfc, as follows :

The Charlestown Water Works are hereby authorized to May contract for
contract with any other corporation or person, for a supply '
of water for the purposes for which said water works were
incorporated. [^Approved May 30, 1857.]

An Act in relation to the Powers of County Commissioners in laying out Chap. 287
Ways across Railroads.

Be it enacted, SfC, as follows :

Section 1. If, after the laying out and making of any county ^ommu-
railroad already granted, or which may be hereafter granted, thonze tiie lay-

, ,. •' ^. , ., 1 n • J. ing out of waj'S

the public convenience and necessity sliall require any turn- across railroads.
pike road, or other way, to be so laid out as to cross said
railroad, the said turnpike road, or other way, may be so laid
out and established across said railroad whenever the county
commissioners of the county in which such crossing is situ-
ated shall so authorize and direct.

Section 2. The said commissioners, before laying out Notice to railroad

t-m Till 1 *j.i ■ corporjitioiis.

any way across a railroad, shall cause due notice to be given
to the corporation to which said railroad belongs, that they
may be heard in the premises ; and after hearing said corpo-
ration, and any other parties interested who may wish to be
heard, they may lay out a way across said railroad, but they
shall require said way to be so constructed as to pass under
or over the same, and not upon the same level therewith,
except in cases hereinafter provided for ; and said way shall,
in all cases, be so made as not to obstruct or injure such
railroad.

Section 3. The selectmen of any town, or the mayor and ^J'j;''"/,'|,°°J°
aldermen of any city, before laying out any way across a sioners.
railroad, shall make application to the county commissioners
of tlie county in whicli such town or city is situated, for
permission so to do ; and the said commissioners shall cause
due notice of such application to be given to the corporation,

684

1857.— Chapter 287.

Mannei- of con-
struction.

Highway across
any railroad on
the same level
therewith.

Duties of railroad
corporations at
crossings.

Partial repeal.

to which such railroad belongs ; and after hearing said
corporation, and any other parties interested, who may wish
to be heard, may authorize said selectmen, or mayor and
aldermen, to lay out a way across said railroad, and shall
require said way to be so made as to pass under or over the
said railroad, and not at the same level therewith, except in
cases for which provision is hereinafter made ; and they shall
in all cases require said way to be so made as not to obstruct
or injure said railroad.

Section 4. The county commissioners shall, in their
adjudications, determine whether the way shall be so con-
structed as to pass under the railroad, or over tlie same ;
and if the way shall pass over the railroad, they shall
determine and specify in what manner the bridge necessary
for such crossing shall be constructed, so as not to interfere
with the travel upon said railroad ; and all the expenses
arising from and incident to, the construction and maintain-
ing of the way across said railroad shall, in all cases, be borne
by the county, city, town or corporation, whose duty it is to
build and maintain sutsh way.

Section 6. Whenever, in the opinion of the county
commissioners, there may exist a public necessity that a
highway or town way shall be laid out and constructed
across any railroad, at the same level therewith, they may
so lay out a highway, and may authorize the selectmen of
any town, or the mayor and aldermen of any city, so to lay
out and construct a town way.

Section 6, Any railroad corporation whose road shall
be crossed by any turnpike or other way, as hereinbefore
provided, shall, in all cases when the said turnpike or way
crosses said railroad on a level therewith, at their own expense,
so guard or protect their rails by plank, timbers, or otherwise,
as to secure a safe and easy passage across their railroad ;
and if in the opinion of the county commissioners, any
subsequent alteration of said turnpike or other way, or any
additional safeguards shall be required at the crossing thereof,
the county commissioners may order the railroad company
to establish the same, as provided in the three hundred and
fiftieth chapter of the acts of the year one thousand eight
hundred an fifty-five.

Section 7. The second section of the two hundred and
seventy-first chapter of the acts of the year one thousand
eight hundred and forty-six, is hereby repealed. [Approved
May 30, 1857.]

1857.— Chapters 288, 289. 635

Ax Act to autliorize Tisdale Drake to extend his Wharf in Boston. Chai), 288

Be it enacted, i^-c, as folloivs :

Tisdale Drake, proprietor of Drake's Wharf, so called, in ^J;;y,;j.'''""'^
Boston, is hereby authorized to extend and maintain said
wharf twenty-five feet ; and this extension shall be made in
the direction of and in conformity to the general plan pro-
vided for in an act to authorize the extension of certain
wharves, in Boston, approved on the thirteenth day of April,
in the year eighteen hundred and fifty ; and the said Drake i^'si^t^> &c.
shall have the right to lay vessels at the end and sides of
said wharf, and receive dockage and wharfage therefor :
provided., that the legal rights of no person shall be impaired I'^'o^'^o-
or infringed upon under this grant ; and provided, also, that I'lovided, also.
in case the general plan for the extension of certain wharves,
as provided for in said act, approved April thirteenth, in the
year eighteen hundred and fitty, shall hereafter be executed
or carried out, the proprietor of the wharf hereby author-
ized to be extended, shall be entitled to all the rights, and i^^'-''^'^ ^^^'''^^
subject to all the dtities, liabilities and restrictions, which he
would be by the said act, if this act had not been passed ;
and provided, also, that this act shall not be construed to pi"^''^os-
repeal or modify the said act, passed in eighteen hundred
and fifty ; and provided, also, that this act shall not author-
ize the extension of any wharf above the southerly line of
the original structure of Curtis' Wiiarf, so called, continued
straight to the harbor line, established by the act passed
April seventeenth, eighteen hundred and fifty ; and pro-
vided, also, 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
commissioners' line, in Boston harbor, established by law.
[Approved May 30, 1857.]

An Act in relation to Fugitives from Justice. Chap. 289

Be it enacted, SfC, as folloivs :

Section 1, No person who has been arrested upon an Porf^on.s arrested
executive warrant, as an alleged fugitive from the justice of umity'^toTppiy'
any other State or Territory, shall be delivered over to the 5",V„^
agent of such State or Territory, until he shall have been
notified of the demand made for his surrender, and shall
have had opportunity to apply for a writ o^ habeas corpus, if
he shall claim such right of the officer making the arrest.
And whenever such application shall be made, notice there-
of, and of the time and place of hearing thereon, shall be
31

writ of

636 1857.— Chapters 290, 291.

given to the attorney-general, or other proseciithig officer for
the district within which the arrest is made.
ppiiiUty for fail- SECTION 2, Aiij officcr who shall deliver over to the
ing to comply, r^ggj^^^ ^f j^j^y State or Territory, for extradition, any person
in his custody, upon an executive warrant, issued as afore-
said, without having first complied with the provisions of
this act, shall he liable to a penalty not exceeding one thou-
sand dollars, to be recovered by indictment in any court
competent to try the same. [Approved May 30, 1857.]

Chap. 290 -A^'^'^ Ac^T to secure Returns from Keepers of Jails and Overseers of Houses

of Correction.

Be it enacted, Sj'c, as folloius :

Penauy if sheriff SECTION 1. Auy slicriff wlio shall omit to make, and

turn. transmit to the secretary of the Commonwealth, true answers

to each and all of such inquiries concerning jails as are
authorized and required by the act of March third, eighteen
hundred and forty, entitled, " An Act concerning Jails and
Houses of Correction," and also by an act additional there-
to, approved April fourth, eighteen hundred and forty-
nine, shall forfeit the sum of one hundred dollars for every
such omission.

iiboaias^ofoTer- SECTION 2. Eacli member of every such board of over-
seers of houses of correction as shall omit to make, and trans-
mit as aforesaid, true answers to each and all of the inquiries
concerning houses of correction, authorized and required by
the acts aforesaid, shall forfeit the sum of fifty dollars for
every such omission.

r^e'covlrer~''°''' SECTION 3. Thc forfciturcs prescribed in this act may be
recovered by complaint in any competent court of this Com-
monwealth,— one-half of the same to go to the complainant,
and the other half to inure to the Commonwealth.

Copy of act to ao- SECTION 4. Thc blauk forms of returns, required by the

company blank . o • ' i ./

form of returns, acts Deiorc mcutioned, shall be accompanied by a copy of
this act. [Ajjproved May 30, 1857.]

Chap. 291 Ajs^ Act in addition to " An Act to regulate the use of Railroads."
Be it enacted, SfC, as follows :

ijaiiroad corpora- SECTION 1. Evcry railroad corporation which, by the
provisions ot the one hundred and ninety-first chapter of the
acts of the year one thousand eight hundred and forty-five,
may be required to draw over its road the passengers, mer-
chandise and cars of any other railroad corporation, shall
have tlie riglit, and is hereby authorized to enter with its
railroad upon, and unite the same with, thc road of such

tioiLS may unite.

1857.— Chapter 292. 637

other railroad corporation, and use tlie same ; and each of
said corporations, whose roads are so united, shall, for a
reasonable compensation, provide upon its road convenient
and suitable depot accommodations for such passengers and
merchandise, and shall receive and deliver the same, in the
same manner it may receive and deliver its own passengers
and freight.

Section 2. Any commissioners who may have been, or commissioners
may hereafter be appointed by the supreme judicial court, quesUoTs'^^be'!
in accordance with the provisions, and for the purposes l^!^^^ ^^^ i"^^'"
specified in the said one hundred and ninety-first chapter of
the acts aforesaid, shall determine and fix the rate of com-
pensation to be paid for the depot accommodations required
for the proper reception and delivery of passengers and
merchandise, as provided in the first section of this act ;
and said commissioners shall, upon the application of either
party, if the respective corporations cannot agree, hear and
determine all questions between the parties, in relation to
the transportation of freight and passengers over, and other
business upon, and connected with said roads, in which said
corporations are, or may be jointly interested ; and they
shall determine the manner in which said business shall be
done, and apportion to said corporations, respectively, their
just share of the cost and cxjjense of doing yaid business,
and of the receipts or income from the same ; and the award
of said commissioners, or a major part of them, sliall be
binding upon the respective corporations interested therein,
subject, nevertheless, to the same limitations and restrictions
as are contained in the second section of the act to which
this is in addition.

Section 3. This act shall only apply to such roads both Act shaii apply
of which terminate in the same town or city. '"^"^'

Section 4. This act shall take effect from and after its
passage. [Approved May 80, 1857.]

An Act concerning the Draining of Low Lands. CkciD 292

Be it enacted, Sj'C., as folloivs :

Section 1. Whenever the lands from, through, and across Application to
which the road, drain, ditch, tunnel or railway provided for ^a/o^and a"i-
in the first section of the one hundred and fourth chapter of demieu.
the acts of the year eighteen hundred and fifty-five, is desired
to be constructed, are all situate in the same town or city,
the application provided for in the second section of said act,
may be made to the selectmen of said town, or the mayor
and aldermen of said city, who shall proceed thereon, in all

Fiouer.s

docrt'e shull be
recorded

()38 1857.— Chapter 293.

respects, as county commissoners are now required to do by-
said act, except that no notice need be given by them to said
town or city, unless they sliall see iit so to do.

I'iirtie? agsrieved SECTION 2. Ally party aggrieved by any order, decree, or

eomity'"«)'muiis°- rcfusal of Said selectmen or mayor and aklermen, may
complain to the county commissioners of the county where
the lands lie, at any meeting within one year from the time
of such order, decree or refusal ; and the commissioners
may, thereu])on, proceed in all respects as if said application
had been originally made to them.

Application :u..d SECTION 3. Tlic application aforcsald sliall bc filcd lu tlic
office of the clerk of such town or city, before any proceedings
shall be had thereon, and such application, together with
decree of said selectmen, or mayor and aldermen, shall be
recorded in said clerk's ofi&ce within two months after such
decree shall have been made. And such clerk shall be
entitled to receive, for recording the same, the like fees as
in cases of mortgages of personal property.

Kemuucratiou. SECTION 4. The said sclectmeu or mayor and aldermen
shall be entitled to receive for their services, the sum of two
dollars each, for every day occupied by them in the case.
[Approved May 30, 1857.]

Chap. '293 An Act concerning the Purchase and Sale of Spirituous Liquors by

City and Town Agents.

Be it enacted, Sfc, as fulloivs :

Injunction ag'tii-t Section 1. Thc suprcmc judicial court shall have power

au'ents acting in. ., ^ • i. c j. • i_ j_ t i , •

violation of law. HI cquity, ou complauit 01 any party mterested, to restram
and enjoin any city or town agent, who shall purchase or
sell any spirituous or intoxicating liquors, in violation of
any law of the Commonwealth ; and such injunction may
be issued by any justice of said court, in term time or
vacation.

c'ha'ini^r "^^f 'a>'r Section 2. Auy city or town agent, appointed under the

other than a com- provisious of tlic two liuudred and fifteenth chapter of the
acts of the year eighteen hundred and fifty-five, who shall
purchase any spirituous or intoxicating liquor of any person
other than a commissioner, appointed under the four hun-
dred and seventieth chapter of the acts of the same year, or
shall sell any such liquor, so by him purchased, shall be
liable to the penalties provided in the seventeenth section of
said first named act, for being a common seller of such
liquors.

iwity for sei- Section 3. If aiiy commissioner, appointed as aforesaid,

hug adulterated iii n iix.i .. '■ '^ . . . ,. '

licjuors. shall sell any adulterated spirituous or intoxicating liquor,

he shall be liable to the penalties provided in the seven-

1857.— Chapter 294. 639

teenth section of said first named act, for being a common
seller of such liquors.

Section 4. This act shall take effect from and after its
passage. [^Approved May 80, 1857.]

An Act in addition to an Art to establish a Police Court in the Town of Chcip. 294

Adams.

Be it enacted, S)X\, as follows :

Section 1. A court sliall l)e held,by tlie standing justice court at north
of the police court heretofore established in the town of "^" ^""^ " ''^'^
Adams, at some suitable place in the North Village in said
town, provided at the expense of said justice, on two several
days of each week, at nine o'clock in the forenoon ; and also
at some suitable place in the South Village in said town, on
one day in every two weeks, at nine o'clock in the forenoon,
and as much oftener at each place as may be necessary, to
take cognizance of crimes, offences and misdemeanors, and
also for the trial of civil suits and actions ; said several
times and places of holding said court to be appointed and
made known by said justice.

Section 2. The special justice of said police court shall special justice

1 • £• xi ' ) i? ii 1 T • !• lusiy exercise

have power, m case oi the absence oi the standing justice powers of the

of said court, at the appointed times, from either place of iu c°ase"Vc"^*'°^'

holding said court, or in case of his sickness, interest, or

other disability, to issue the processes of said court, to hear

and determine any matter or cause pending, and to exercise

all the powers of the standing justice, until such disability

be removed.

Section 3. The standing justice of said court shall re- compensation of
tain to his own use all fees by him received, or wliich now "'*" '"^ justice.
accrue to justices of the peace, in civil actions and criminal
prosecutions, in full compensation for all services assigned to
him by this act, and the act to wliich this is in addition :
provided, that he shall not retain, for his services in criminal
prosecutions, a sum exceeding four hundred and fifty dollars
annually, but shall pay over to the county treasurer all fees
received by him, in criminal prosecutions, over and above
that sum.

Section 4. All acts and parts of acts, inconsistent with inconsistent acts
this act, are hereljy repealed. repealed.

Section 5. This act shall take effect from and after its
passage. \^Approved May 30, 1857.]

640

1857 Chapters 295, 296.

Chap. 295

Secretary to fur-
nish envelopes for
returns of Totes.

IJeceipt of re-
turns.

Certificate of
examination
by governor
and council.

Envelopes not to
be destroyed.

An Act in relation to the Returns of Votes.
Be it enacted.) c^c, as follows:

Section 1. It shall be the duty of the secretary of the
Commonwealth, to furnish, annually, to the several clerks
of the cities and towns in this Commonwealth, with the
blanks for the returns of votes, now required by law to be
furnished to them by him, envelopes of suitable dimensions,
and with such printed directions thereon as he shall deem
necessary for the more certain guidance and direction of
said officers in making such returns according to law.

Section 2. A memorandum of the date of the reception
of all returns of votes, now required to be made to the
secretary's office, shall be made at said office on the envelopes
containing such returns ; and in case any such return shall
be transmitted to the secretary's office unsealed, which is
now required to be returned sealed up, the secretary shall
make a memorandum of that fact upon the said return.

Section 3. It shall be the duty of the governor, for the
time being, to make alid subscribe a certificate of the exam-
ination of said returns of votes for governor, lieutenant-
governor and councillors, by him made, in the presence of
at least five councillors, and also of the result of such exam-
ination, which said certificate shall be by him delivered to
the secretary, and shall by the secretary be laid before the
senate and house of representatives, together with said
returns of votes, on the first Wednesday of January.

Section 4. In the examination of the said returns of
votes for governor, lieutenant-governor and councillors, re-
quired by the sixteenth article of amendment to the consti-
tution of this Commonwealth, no one of the envelopes
containing said returns shall be destroyed, but the said
returns shall be replaced in their respective envelopes,
which shall be laid before the senate and house of represen-
tatives with said returns, on the first Wednesday of January,
by the secretary. [Approved May 30, 1857.]

Chap. 296 An Act to authorize the Heirs of the late John Curtis to extend their

Wharf in Boston.

May extend
wharf.

Be it enacted, c^W"., as folloivs:

The heirs of the- late John Curtis, proprietors of Curtis'
Wharf, so called, in Boston, are hereby authorized to extend
and maintain said wharf sixty-five feet ; and this exension
shall be made in the direction of and in conformity to the
general i)lan provided for in an act to authorize the exten-
sion of certain wharves in Boston, approved on the thirteenth

1857.— Chapters 297, 298. 641

day of April, in the year eighteen hundred and fifty ; and Rights, &e.
the said Curtis heirs shall have the right to lay vessels at the
end and sides of said wharf, and receive dockage and wharf-
age therefor: provided, that the legal rights of no person Proviso.
shall be impaired or infringed upon under this grant ; and
provided, also, that in case the general plan for the exten-
sion of certain wharves as provided for in said act, approved
April thirteenth, eighteen hundred and fifty, shall hereafter
be executed or carried out, the proprietors of the wharf
hereby authorized to be extended, shall be entitled to all
the rights, and subject to all the duties, liabilities and
restrictions which they would be by the said act if this act
had not been passed ; and provided, also, that this act shall Provided, aiso.
not be construed to repeal or modify the said act passed
in eighteen hundred and fifty ; and provided, also, that
this act shall not authorize the extension of any wharf
above the southerly line of the original structure of Curtis
Wharf, so called, continued straight to the harbor line, estab-
lished by the act passed April seventeenth, eighteen hundred
and fifty ; and provided, also, that this grant shall not be
construed to extend to any flats or land of this Common-
wealth lying in front of the flats of any other person, or which
would be comprehended by the true lines of such flats con-
tinued to the commissioners' line, in Boston harbor, estab-
lished by law. \_App7'oved May 30, 1857.]

Ax Act extendlno; the time for tlie construction of a Branch Track in Chap. 297
Lowell, by the Boston and Lowell Railroad Corjjoration.

Be it enacted, Sfc, as follows :

The time allowed the Boston and Lowell Railroad Corpo- Time for locating
ration, for locating, building and completing a branch rail-
road in the city of Lowell, under the provision of an act
passed on the twenty-fourth day of April, in the year eighteen
hundred and fifty-six, entitled, " An Act to authorize the
Boston and Lowell Railroad Corporation to establish an
additional branch track of their railroad in the city of
Lowell," is hereby extended to the first day of June, in the
year eighteen hundred and fifty-eight. \^Approved May oO,
1857.]

An Act to exempt from Levy on Execution the Homestead of a House- (J}i(X)}. 298

holder. ^ '

Be it enacted, Sfc, as follows :

Section 1. In addition to the property now exempt by iiomoatead to the

1 r. 1 1 >• ii 1 11 1 ^ r value of «800 ex-

law irom sale or levy on execution, there shall be exempted, emptedfiomievy

to the value of eight hundred dollars, the homestead farm, °" '^■''«'^""°°-

642 1857.— Chapter 298.

or the lot and buildings thereon, occupied as a residence,
and owned by the debtor, or any such buildings owned by
tlie debtor, and so occupied, on land not his own, but of
which he shall be in rightful possession by lease or otherwise,
he being a householder, and having a family ; and no release
or waiver of such exemption shall be valid in law iinless by
deed, acknowledged and recorded as in the case of convey-
ProYiso. ances of real estate : provided, hoivever, that no person

shall hold, exempted as above, such property, to a larger
amount than eight hundred dollars, including the rights of
exemption which may have been acquired under the pro-
visions of the three hundred and fortieth chapter of the
acts of the year one thousand eight hundred and fifty-one,
or under the provisions of chapter two hundred and thirty-
eight of the acts of the year one thousand eight hundred
and fifty-five.
l°e benefit^of the SECTION 2. Such excmptiou shall continue after the death
widow and chii- of such houselioldcr, for the benefit of his widow and chil-
dren,— some one of them continuing to occupy such home-
stead until the youngest child be twenty-one years of age,
and until the death or subsequent marriage of the widow.
afT'homestead SECTION 3. To entitle any property to such exemption it
shaiiberecorded. shall be sct fortli lu tlic dccd of purcliasc, that it is designed
to be held as a homestead under this act ; or, if already
purchased, or otherwise acquired, the said design shall be
declared by writing duly sealed, acknowledged and recorded
in the registry of deeds of the county wherein such home-
stead farm, lot or buildings, are situated ; and, after the
right of homestead shall have attached to any real estate by
the registration provided for in this section, the owner of
such real estate shall not be entitled to, or have any similar
right of homestead in any other real estate, until the first
right of exemption shall have been discharged or released
by the owner tliereof, according to the requirements of the
first section of this act, with the consent of his wife,
expressed in the deed, or, in case of the death or insanity of
the wife, by license from the judge of probate, as provided
in the tenth section of this act.
K for7axesTr SECTION 4. No property shall, by virtue of this act, be
debt of purchase, cxcmpt from Icvy for taxes, or for a debt contracted for the
purchase thereof, or for a debt contracted before such deed
or writing aforesaid shall have been recorded according to
law ; nor shall buildings on land not owned by the debtor,
be exempt from levy for the ground rent of the lot of land
whereon such buildings stand.

1857.— Chapter 298. 643

Section 5. Such exemption shall not be deemed to defeat Exemption shaii

, , . /v. , , , 1 , noc affect any

or otherwise attect any mortgage, or other encumbrance or mortgage previ-
lien, previously existing by virtue of any deed, attachment, 0"^'^' ex>**""s-
policy of insurance or otlierwise.

Section 6. No conveyance, by the owner of any home- no convevancc
stead farm, or lot and buildings thereon, exempted by law wife jotn!"'^"^ ^"^
from sale or levy on execution, the value whereof shall not
exceed eight hundred dollars, shall be valid in law to convey
or release such homestead, unless the wife shall join in the
conveyance.

Section 7. Any conveyance by the husband, heretofore wife may release
made, or hereafter to be made, of any property exempted as stead.
aforesaid, shall be valid in law to defeat the interests of the
wife and children in such property, she joining therein, for
the purpose of releasing her right to a homestead in said
property, in the same manner in which a wife may now
release her right of dower in the real estate of her husband.

Section 8. Whenever any married woman, who, if she if incompetent
survived her husband, would have a right of homestead in sJuity.^°°°
his real estate, is, by reason of insanity, incompetent to
release such right, the same may, nevertheless, be eflectually
released, according to the provisions of this chapter.

Section 9. The fact of such insanity shall be ascertained. Guardian shaii be
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
appointed as such guardian.

Section 10. Whenever the husband of such insane Judge of probate
woman is desirous of conveying any of his real estate, S!''*"'""'"'^'^*
whether absolutely in fee, or only by way of mortgage, he
shall petition the judge of probate, describing the same,
asking leave that the right of homestead of his wife therein
may be released, and setting forth any facts and reasons why
his prayer should be granted ; and if, after notice in some
newspaper to all persons interested, and hearing thereon,
the judge of probate shall be satisfied, under all the circum-
stances of the case, that such married woman would, if sane,
release her right of homestead 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 sucli husband or any trustee for
him, and whether sucli deed pass the whole, or only separate
parcels or lots of said real estate : provided, nevertheless, Provided, nerer-
that such authority shall cease at any time within said five
years, as to any release tliereafter to be made, whenever the

644

1857.— Chapter 298.

Way order S800
to be set aside to
be invested in a
homestead.

No conveyance
exceeding $800
to be invalid by
omission of wife
tojoin, but sub-
ject, &c.

No conveyance
heretofore made
exceeding $800
to be invalid,
&c

said guardian shall be discliarged by the judge of probate,
according to law, as no longer necessary.

Section 11. If, upon hearing, the judge of probate,
shall deem it proper, under all the circumstances of the
case, that some portion of the proceeds of such real 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 eight hundred dollars,
shall be set aside, and paid over to such guardian, to be
invested in a homestead and held by him for the benefit of
such married woman, in case she shall survive her husband ;
the rent or use of such homestead, nevertheless, to be
received and enjoyed by such husband during the life of his
wife, or until otherwise ordered by the judge of probate,
upon good cause shown to him ; and the said homestead to
be his, in case he survives her, and to be conveyed to him
accordingly by said guardian.

Section 12. No conveyance, made by the owner of any
homestead farm, or the lot and buildings thereon, occupied
as a residence, and exceeding in value the sum of eight
hundred dollars and exempted from sale or levy on execu-
tion, shall, in consequence of the omission of his wife to
join in such conveyance, be invalid in law to convey such
homestead farm, or lot and buildings thereon, subject to the
wife's right of dower and to the rights of said husband, his
wife and children, to have a homestead set off therefrom of
the value of eight hundred dollars ; but such conveyance
shall, without such joinder of the wife, be invalid to alienate
the right to have such homestead, not exceeding in value
eight hiuidred dollars, assigned or set ofi" to them.

Section 13. No conveyance, heretofore made by the
husband, of a homestead farm, or the lot and buildings
thereon occupied as a residence and exempted from sale or
levy on execution, and worth more than eight hundred dol-
lars, shall be held invalid to pass the excess thereof beyond
such A^alue, in consequence of the omission of his wife to
join in such conveyance of such homestead farm, or lot and
buildings, subject, however, to the wife's right of dower.
And all titles to real estate held under such conveyances,
wherein the wife has failed to join, are hereby confirmed
and established, subject, however, to the wife's right of
dower, and the right of homestead in tlie property conveyed,
except where parties, other than the grantees in such con-
veyances, or those claiming under them, have, prior to
the passage of this act, acquired rights in said real estate,
by attachments, levy on execution, descent, devise, purchase
or otherwise.

1857.— Chapter 298. 645

Section 14. In all cases of conveyances of real estate Parties entitled
heretofore made, or hereafter to be made, in which any may ha^e'^'lhe
person or persons are entitled to have a homestead exempted on^Jfetitk.n.'^ """"
from sale or levy on execution, the parties entitled to such
homestead, may have the same set off to them, upon petition,
in the same manner in which tenants in common may obtain
a division of undivided real estate. And the parties entitled
to the excess of such homestead farm, or lot and buildings
beyond eight hundred dollars, may, in the same manner,
upon a similar petition, have their proportion or share of
said real estate set off to them. In all cases where a widow
or her minor children are entitled to a homestead in the
estate of any deceased person, the same may be set off to
the person or persons entitled to the same, in the same
manner as dower may now be set off to a widow, by the
provisions of the sixtieth chapter of the Revised Statutes.

Section 15. If any judgment creditor shall require an upon appraisal,
execution to }>e levied on property claimed by the del:)tor to X™ *8oo'''may
be exempt from levy under this act, and the officer holding ^^^ '*'^'®'^ "p°°-
such execution, shall be of opinion that the premises are of
greater value than eight hundred dollars, then appraisers
shall be appointed to appraise the property in the same man-
ner as is provided by law for tlie levy of executions on real
estate. And if in their judgment the premises be of greater
value than eight hundred dollars, the said appraisers shall
set off to the judgment debtor so much of the said premises,
including the dwelling-house, as shall appear to them, in-
cluding the dwelling-house, if set oft", to be of the value of
eiglit hundred dollars ; and the residue of the property shall
be levied upon and disposed of in the same manner as other
real estate not exempted by law from levy on execution.

Section 16. Whenever the real estate of a debtor shall Appraisal of the
be assigned, under the several " Acts in relation to Insolvent Su^eut debtw
Debtors, and for the more equal distribution of their effects," £ste^ad"°*'' "'^
and such debtor shall claim, and it shall appear to the judge
before whom the proceedings in insolvency are pending, that
he is entitled to hold any part of said estate, exempt from
liability for his debts under the provisions of this act, — if it
shall appear to said judge that the estate so claimed is of
greater value than eight hundred dollars, said judge shall
cause said estate to be appraised by three impartial and
discreet men, one of whom shall be appointed by the insol-
vent, one by the assignee of said insolvent's estate, and the
third by said judge, — or in case the assignee or insolvent
shall neglect to appoint one, the said judge shall appoint one
for them ; and the three thus appointed shall be duly sworn

64:6 1857.— Chapters 299, 300, 301.

faithfully and impartially to appraise said estate, and shall
proceed to appraise and set off a homestead in the same, to
the insolvent debtor, in the same manner as is prescribed in
section eleven of this act in case of a judgment debtor;
and the residue, if any, shall vest in and be disposed of by
the assignee in the same manner as other real estate not
exempted by law from levy on execution. For the services
so rendered, the appraisers shall be entitled to the same fees,
to be paid out of the estate in insolvency, as are allowed to
appraisers of real estate seized upon execution.
Proceedings in SECTION 17. Thc Drovisious of the last preceding section

insolvency now ,t . . , i • i i j

pending. may apply to proceedings m insolvency which may be pend-

ing when this act shall take eflect.

Acts repealed. SECTION 18. Chapter two huudrcd and thirty-ciglit of the

acts of the year eighteen hundred and fifty-five, and chapter
three hundred and forty of the acts of the year eighteen

proTiso. hundred and fifty-one, are hereby repealed : provided, that

such repeal shall not aft'ect any rights which may have been
acquired under said acts. [^Appruved May 30, 1857.]

Chap. 299 An Act in addition to an Act to incorporate the Newton Raih-oad Com-
pany.

Be it enacted, SfC, as follows :
Horse-power, Thc tracks or road of the Newton Railroad Company shall

'"'^^' be operated and used by said corporation with horse-power

Shall notcomiect Only, aud it sliall not connect its track with any other rail-
road on which other power is used. \_Approved May 30,
1857.]

ChciD. 300 -^-^ Act concerning Cases arising under the forty-ninth chapter of the
" Revised Statutes, concerning the maintenance of Bastard Children.

Be it enacted, Sj^c, as follows :
Police court of SECTION 1. The policc court of Boston, shall have cog-

Boston Siitill iitiTG

cognizance, &c. iiizancc of couiplaiuts made under the provisions of chapter
forty-nine of the Revised Statutes, and the justices' court
shall not have jurisdiction in such cases.

When to take ef- SECTION 2. This act shall take effect from and after its

feet.

passage, but shall not affect any case then pending. [^Ap-
proved May 30, 1857.]

Chap. 301 An Act in relation to the Taxation of Horses.

Be it enacted, Sfc, as follows :
Horses to be tax- SECTION 1. All horscs employed in stages or other vehi-

ed wiiere kept i • i i »/ o

cles lor the transportation of passengers for hire, shall be
taxed in the cities and towns in which they are kept.

1857.— Chapters 302, 303. 647

Section 2. So much of the second section, of chapter Partial repeal.
one hundred and thirty-nine of the acts of the legislature of
one thousand eight hundred and thirty-nine, as is incon-
sistent with this act, is hereby repealed. ^Approved Mai/
30, 1857.]

An Act concerning Insane Persons in the City of Boston. Chctp. 302

Be it enacted, Sj^c., as folloivs :

Section 1. The municipal court of the city of Boston, and J'^y ^1 ''°""'''

1^ .' . ' . ted to the Boston

all Other courts and magistrates having authority to commit Lunatic Hospital.
insane persons to the State Lunatic Hospital, may commit
all insane persons found in the city of Boston, whether they
are furiously mad or otherwise, who have their legal settle-
ment in the city of Boston, or in any other city or town
within this Commonwealth, to the Boston Lunatic Hos])ital,
in all cases in which said courts and magistrates are author-
ized by law, to commit such persons to the State Lunatic
Hospital.

Section 2. This act shall take effect from and after its
passage. [Approved May 30, 1857.]

An Act concerning tlie Militia. i^hcip. oOo

Be it enacted, Sfc, as follows :

Section 1. Whenever the volunteer militia shall be staff officers shaii

niii-ii supervise roU-call

engaged in camp duty, each company roll-call, cluriiig the of companies en-
term of encampment, shall be made under the supervision ^^^^^_ '° *'™''
and in presence of a staff officer, to be designated by the
commanding officer of any regiment or battalion to which
said company shall be attached ; and said commanding officer shaii certify, &c.
shall certify upon the duplicate returns of duty in camp,
now by law required to be made by commanders of compa-
nies, that such company did, on the several days of eilcamp-
ment, well and faithfully perform all the duties required by
law, on such days, and that the number of officers, non-com-
missioned officers, musicians and privates, reported as present
and doing duty each day, in such duplicate returns, is correct.
And no compensation shall be allowed to any person who
shall not remain in camp and perform all required duties,
during the period of said encampment ; excepting that any
person, who shall once appear, and be excused from further
duty by reason of sickness, shall be entitled to compensation
for the time he is actually engaged in service.

Section 2. The amount to be allowed to the several Expense of ar-

/. 1 r» • 1 /> • mories.

Cities and towns, for defraying the expense ot armories
furnished to companies of the volunteer militia, shall be

648 1857.— Chapter 304.

adjudicated and determined by the adjutant-general, within
the limit of existing law ; and the said adjutant-general shall
be the sole commissioner for the purposes specified in the
third section of chapter one hundred and eighty-eight of the
acts of eighteen hundred and fiftj^-three.
Sn^g^'ilts "than SECTION 3. Whcu auy compauy of the volunteer militia
3|privates to be shall bc rcduccd to a less number than thirty-two privates,
and shall remain so reduced for six consecutive months, such
company may be disbanded by the commander-in-chief.
And wJieii any company of said militia shall appear, from
any two successive returns made to the adjutant-general, to
be reduced below thirty-two privates, at the time or times
for which said returns shall be made, said company shall be
forthwith disbanded by the commander-in-chief.
men*nT4°sary to SECTION 4. No elcctiou of officcrs shall be ordered in any
an election of of- compauy, liereaftcr to be organized, unless at least fifty men
shall have been enlisted in said company ; and no company
shall be hereafter organized, if the same shall cause the
whole nvimber of the volunteer militia to exceed six thou-
sand ofiicers and men.~
repeTied.'^''' ''*'*' SECTION 5. All acts and parts of acts, inconsistent with
this act, are hereby repealed. [^Approved May 30, 1857.]

Chap. 304 An Act to incorporate the Brookline Railroad Company.

Be it enacted, Sfc., as foJloivs :

Corporator?. SECTION 1. William Aspinwall, Charles Wild, George F.

Homer, Tliomas B. Hall, Augustus Allen, Augustus Shurt-
lefl' and James Bartlett, their associates and successors, are
hereby made a corporation by the name of the Brookline

Power to con- Railroad Company, with power to construct, maintain and
use a railway or railways, with convenient single or double
tracks, upon and over such roads, streets or higliways in the
town of Brookline, south or west of a line to be drawn from
the stone boundary between Brookline and Brighton on
Harvard Street, to the intersection of the easterly line of the
new highway near the Longwood Station, now called Elm
Street, about to be laid out by the county commissioners of
Norfolk County, with the boundary line between Brookline
and Roxbury ; thence by said easterly line of said new high-
way, to the south-easterly line of the Punch Bowl road, so,
called, belonging to the Boston and Roxbury Mill Corpora-
tion, as shall be from time to time, fixed and determined by
vote of the selectmen of said Brookline, and assented to, in
writing, by the said company, and across tlie Punch Bowl
road aforesaid, so as to connect the road, street or highway

struct a railway.

1857. — Chapter 304. 649

upon one side thereof, with the road, street or highway upon
tlie other side thereof, and upon and over such roads, streets
or highways, in the city of Roxbury, now or hereafter laid
out, lying between said Brookline and Tremont Street, in
said Roxbury, as shall be, from time to time, fixed and
determined by the mayor and aldermen of said city, and
assented to, in writing, by said company, so as to connect
the said railway with the railway of any other company
which may be located upon said Tremont Street, with the
right to enter upon and use the track or tracks of such other
company, in such mode and upon such rates of compensa-
tion, as may be agreed upon by said companies, or in case of
disagreement, to be determined by three commissioners, to
be appointed as hereinafter provided: provided^ huivever, ^royidea,how-
that said tracks shall not be laid upon said Punch Bowl road ^^"'
longitudinally, nor across the same in more than one place ;
and provided, also, that said Brookline Railroad Company Proviaed, aiso.
shall not have the power to connect its tracks with the tracks
of the Western Avenue Railroad Company, and upon any
such connection being made this act shall be void.

Section 2. And if the road of any other railroad corpo- corporation shaii
ration shall have been located and laid upon any street or on the route"of
way in the city of Boston or the city of Roxbury, then so way. *'"""' ''^'^'
much of this act as authorizes this corporation to lay a
track thereon, shall be inoperative so long as such track
shall remain upon such street or way ; but the mayor and ^i^y use other
aldermen of said city may authorize this company to enter
upon and use the track or tracks of such other corporation
or part thereof, in such mode as they may deem expedient,
and upon such rates of compensation as may ])e agreed upon
by said companies, or in case of disagreement to be deter-
mined by tliree conunissioners, to be appointed by the
supreme judicial court, in the same manner and with the
same powers as are set forth in the one hundred and ninety-
first chapter of the acts of eighteen hundred and forty-five,
entitled, " An Act to regulate the use of Railroads."

Section .3. Said railroad company shall pay to said Bos- toUs, &c.
ton and Roxbury Mill Corporation, during the continuance
of its toll francliise, such compensation or tolls for the right
hereby given of using said roads, estates, bridges or lands of
said corporation, for laying a track or tracks tiiereon, as may
be mutually agreed upon ; or if the said corporation and said commissioners

Till 1 1 .L ii ,1 . "'•■^y Uetermine,

company sliall ba unable to agree thereon, three conimis- &c.
sioners, appointed as aforesaid, shall determine and fix the
said rate of compensation or tolls ; and in case said i\Iill
Corporation shall refuse or neglect to designate a proper

650 1857.— Chapter 304.

location over its said roads, bridges, estates or lands, for the
acceptance of this company, or of any other railroad company
having the right to such location, within thirty days after
being requested to designate the same, the said commission-
ers shall have power to designate such location for the use
of this or such other company, as well as to fix the amount
of compensation or tolls as aforesaid,
m^^a'^'wor^a SECTION 4. If either party shall be dissatisfied with the
jury. decision of said commissioners, so far as the same shall fix

the rate of compensation or tolls in the several cases provided
for in this act, such party may apply for a jury by petition
to the court of common pleas, at the term then next to be
holden within and for the county of Norfolk, or to the supe-
rior court of the county of Suffolk, at the term then next to
be holden, and not afterwards ; and thereupon, after due
notice to the other party, such co\irt shall order a trial by
jury to be had in the case at the bar of such court, in the
same manner in which civil causes are there tried by the
jurors there returned and impanneled ; and if either party
request it, the jury sliall view the roads, bridges, estates or
railroads in question ; but the jury shall not revise the
decision of the commissioners, except so far as relates to the
rates of compensation or tolls aforesaid.
Tracks, how laid. SECTION 5. Alltracks of such railroad shall be laid at
such distances from the sidewalks in said city and town, and
over such portions of the said roads, bridges, estates or lands
of said Mill Corporation, as the mayor and aldermen of said
city and selectmen of said town, and directors of said corpo-
ration shall respectively, in their votes, fixing the routes of
said railroad, determine to be for the public safety and con-
Notice to abut- veniencc. Notice to the owners of lands and occupants of
tenements abutting on any public road or streets, on which
it may be proposed to lay the tracks of said company, shall
be given by publishing in one or more newspapers in the city
of Boston and in the county of Norfolk, notice from the mayor
and aldermen of said city, and the selectmen of said town,
fourteen days at least before the location of any such rail-
Assent to be med. road tracks. The written assent of said company to any
vote or votes of said mayor and aldermen, and said select-
men and said directors, prescribing, from time to time, the
routes of said railroad, shall be filed with the respective
clerks of said city and town and corporation, and shall be
Bates of fare. dccmcd and taken to be locations thereof. Said railroad
company shall have power to fix, from time to time, such
rates of compensation for transporting persons or property,
as its officers may think expedient : provided, hoivever, the

1 85 7.— Chapter 304. 65 1

rate of fare upon said railroad, between any two points in
the city of Boston, sliall never exceed five cents for each
passage, unless with the assent of the mayor and aldermen
of said city. Said railroad company shall have all the
powers and privileges, and be subject to all the liabilities
and restrictions, set forth in the forty-fourth chapter of the
Revised Statutes.

Section 6. If the railroad of this company shall be if laid across
located across any railroad operated by steam, upon the eiated'b>°steum!
same level therewith, the expense of constructing and main-
taining in repair such crossing, shall be borne entirely by the
Brookline Railroad Company ; and the provisions of the four
hundred and fifty-secDud chapter of the acts passed in the
year one thousand eight hundred and fifty-five, entitled,
" An Act to secure the Safety of Passengers at Railroad
Crossings," shall not be construed to apply to the intersec-
tion of siich steam railroad and the railroad of this company.

Section 7. Said tracks shall be operated and used by Hmse-power
said company with horse-power only, and it shall not connect °"'^'
its track with any other railroad on which other power is
used. The mayor and aldermen of any city, and the select-
men of any town, over whose streets or roads said tracks
shall be laid or maintained, shall respectively have power at
all times to make such regulations, as to the rate of speed
and mode of use of said tracks over the said streets or roads
within their respective limits, as the public safety and con-
venience may require; and shall also have power, at any Location may be
time after the expiration of one year from the opening for '■®'^''''''<^-
use of the tracks of said railroad, in any road or street in
which the same may be located under this act, by a vote to
determine as to so much of said track as is located on their
said respective roads or streets, within the limits of their
respective cities and towns, that the same or any part thereof
shall be discontinued, and thereupon the location shall be, as
to such part, deemed to be revoked, and the tracks of said
railroad thereon shall be forthwith taken up and removed,
in conformity with such vote or orders of said mayor and
aldermen, or selectmen : provided, however, tliatsuch taking Proviso.
up and removal shall be at the expense of said railroad
company.

Section 8. Said company shall maintain and keep in Repairs, &c.
repair such portion of the streets, roads, estates and bridges,
respectively, as shall be occupied by their tracks, and sliall
be liable lor any loss or injury that any person may sustain,
by reason of any carelessness, neglect or misconduct of its
agents and servants, in the construction, management or use
33

652

1857.— Chapter 304.

Penalty for ob-
structing.

Capital stock
SfSOO.OOO, n
shares of $100
each.

May hold
estate.

of said tracks, roads, streets, bridges or estates ; and in case
any recovery shall be had against either said city or town,
or said mill corporation, respectively, by reason of any defect
or want of repair thereon, said railroad company shall be
liable to pay to said city or town, or mill corporation, respec-
tively, any sums recovered against either of them, together
with all costs and reasonable expenditures incurred by them
or either of them, in the defence of any suit or suits in which
recovery sliall be had for such defect or want of repair,
the claim for wliich sums, costs and expenditures, shall con-
stitute a lien upon the franchise and railroad tracks of said
company, until the same shall have been paid by said com-
pany ; and said lien shall not be defeated or impaired by any
lease or conveyance of, or contract concerning said franchise
or railroad track, made by said company ; and any lease or
conveyance of, or contract concerning said franchise or rail-
road track, shall be subject to the lien of such city or town
for any claim they or either of them may have by reason of
any recovery which may be had against either of them for
such defect or want of repair, notwithstanding the suit
therefor may be brought, or the judgment recovered, after
the execution of such lease, conveyance, or contract: pro-
vided, the cause of action shall have arisen prior to the
execution of such lease, conveyance or contract ; and said
railroad company shall not encumber any portion of the
streets, roads, estates or bridges, not occupied by its said
railroad tracks.

Section 9, If any person shall wilfully and maliciously
obstruct said company in the use of said road or tracks,
or the passing of the cars or carriages of said company
thereon, such person, and all who shall aid or abet 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 company, or its agents or
servants, shall wilfully and maliciously obstruct any high-
way, or the passing of any carriages over the same, said
company shall be punished by a fine not exceeding five hun-
dred dollars.

Section 10. The capital stock of said company shall not
exceed three hundred thousand dollars, and shall be divided
into shares of one hundred dollars each ; and shares shall
not be issued for a less sum than one hundred dollars,
actually paid in.

Section 11. Said company shall have power to pur-
chase and hold such real estate within said cities or town
through which said railroad passes, or either of them, as

1857.— Chapter 30-i. 653

may be convenient or necessary for the purposes and man-
agement of said road.

Section 12. The cities and towns, on whose streets and cities and towns
roads said raih'oad shall run, may, at any time dui'ing the franchise, &c.
continuance of the charter of said company, and after ten
years from the opening of any part of said road for use,
purchase of said company all the franchise, property, rights
and furniture of said company, by paying said company
therefor such a sum as will reimburse to each person who
may then be a stockholder thereof, the par value of his stock,
together with a net profit of ten per cent, per year from the
time of the transfer of said stock to him on the books of
the corporation, deducting the dividends received by the
said stockholder thereon.

ISection 13. The said road shall be constructed and main- Gmdeand gauge
tained in such form and manner, and upon such grade, and
with such gauge as the mayor and aldermen of said city,
and the selectmen of said town, and the directors of said
mill corporation, respectively, may, in their votes fixing and
determining the routes thereof as aforesaid, prescribe and
direct ; and whenever, in the judgment of said railroad com-
pany, it shall be necessary to widen or alter the grade of any
street or way so occupied by it, such widening or alteration
may be made at the sole expense of said company : promded,
the same shall be assented to by the mayor and aldermen
of the city, the selectmen of the town, and the directors of
the corporation to which such street or way may belong.

Section 14. Nothing in this act shall be construed to pre- Act not to pre-
vent the city authorities, county authorities, town authori- &c. *" o" ies>
ties, or said mill corporation, from entering upon and taking
up any of their streets, roads, ways or bridges, traversed by
said railroad, for any purpose for which they may now law-
fully take up the same, or from laying out and constructing
ways across said railroad, upon the same level therewith,
as well as above or under the same.

Section 15. This act shall be void so far as it relates to Act void, unless,
the right to construct said road in the streets or ways belong-
ing to any city or town, unless the same shall be accepted
by the city council of such city, or the inhabitants of such
town in town meeting, respectively, and unless the same
shall be accepted by said company, and ten per cent, of the
capital stock thereof, as fixed by the vote of said company,
shall be paid in, within two years from the passage of this
act.

Section 16. The said company shall be deemed a rail- Returns, &c
road corporation so far as to be subject to make such annual

654: 1857.— Chapter 304.

returns to tlie lecjislature 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, roads, ways or bridges taken by
them for thoir track, but not to the otiier general provisions
of law in relation to railroad corporations.
Duration. SECTION 17. The existeucc of said company is hereby

limited to the period of fifty years from the passage of this
Proviso. act : provided, nevfrt/ieifss, that the legislature may at any

time repeal this act, or limit, restrict or annul any powers
herein granted.
Ma.y contrnct SECTION 18. Thc BrookHnc Railroad Company may make
fVock of^tiie we^'t such contract with the West Roxbury Railroad Company as
road^'corporatioD! "i^J ^^6 dceracd expedient in regard to the construction of
and running cars upon so much of the track of said West
Roxbury Railroad Company as said Company is or shall be
authorized to lay upon Tremont Street in the city of Rox-
bury and the city of Boston ; and the Brookliue Railroad
Company is hereby authorized to subscribe to and hold
shares in the capital stock of said West Roxbury Railroad
Company, to an amount not exceeding twenty-five thousand
Connection of dollars. Aud the Brookliue Railroad Company shall have

tracks witli the . . ... iiiiii- xi

M«tropoiiran and the sauic rights and privileges, and shall be subject to the
Railroad comp" saiiic dutics, liabilities and restrictions, in regard to con-
'^'*'^- necting its tracks with the tracks of the Metropolitan Rail-

road Company and of the West Roxbury Railroad Company,
and running cars thereon, as said West Roxbury Railroad
Company may have and be subjected to towards the Metro-
politan Railroad Company.
Filling up of SECTION 19. This Corporation may contract with the
commissioners on the Back Bay, or with other parties, to fill
up the lands and flats of the Commonwealth, or of such
other parties ; and if the said commissioners shall contract
as aforesaid with said corporation, they may confer upon
said corporation the rights and powers which they are autho-
rized to confer by the first clause of the second resolve of
the sixtieth chapter of the resolves passed in the year one
thousand eight hundred and fifty-five, entitled " Resolves in
favor of giving additional powers to the Commissioners on
Boston Harbor and Back Bay," and in such case any party
suffering damage by any thing done in pursuance of the
exercise by said corporation of the rights or powers afore-
said, may recover the same of said corporation instead of
the Commonwealth, in the manner provided in the fifth of
said resolves.

Section 20. This act shall take effect from and after its
passage. \_Approved May 30, 1857.]

1857.— Chapters 305, 306. • 655

An Act to enable parties in Civil Actions and Proceedings to be Witnesses Qfictn 305

therein. -*

Be it enacted, Sfc, as folloivs :

Section 1. Parties in all civil actions and proceedings, parties in civu
including probate and insolvency proceedings, suits in equity, f" excTpC&c"'
and all divorce suits, except those in which a divorce is
sought on the ground of alleged criminal conduct of either
party, may be admitted to testify in their own favor, and
may be called as witnesses by the opposite party ; and in all
such cases in which the wife is a party or one of the parties
to the action, she and her husband shall be competent
witnesses for or against each other, but they shall not be
allowed to testify as to private conversations with each other :
provided^ that no person so testifying shall be compelled to Proviso.
criminate himself; and provided^ also, where one of the orig- Provided, also.
inal parties to the contract or cause of action then in issue
and on trial, is dead, or is shown to the court to be insane ;
or, when an executor or administrator is a party to the suit
or proceeding, the other party shall not be admitted to
testify in his own favor, except in the last named case, as to
such acts and contracts as have been done or made since the
probate of the wnll, or the appointment of the administrator.

Section 2. The testimony of persons made competent Testimony by
witnesses by this act, may be taken or given by depositions, 'Jeposition.
for the same causes and in the same way as now provided for
other witnesses ; the expenses of such depositions to be taxed
in the bill of costs as in other cases.

Section 3. Nothing in this act contained shall aflect in Act not to affect.
any way the existing laws relating to attesting witnesses to
wills. The one hundred and eighty-eighth chapter of the Act repealed.
acts of eighteen hundred and fifty-six, is hereby repealed.
^Approved May 80, 1857.J

An Act for the equalization of Taxes. Chan 306

Be it enacted, Sfc, as follows :

Section 1. Any assessor, or other person, who shall penalty for omit-
assess the taxes in any town or city in this Commonwealth, ''^etneoath.&c.
who shall omit to take and subscribe the oath prescribed in
the second section of the three hundred and nineteenth
chapter of the acts of the year eighteen hundred and fifty-
three, shall be punished by a fine of ten dollars to be recov-
ered by indictment in any court competent to try the same.

Section 2. The omission to take and subscribe said oath, omission not to
shall not prevent the collection, by legal process, of any tax p"^^° '
which has been otherwise legally assessed.

656 1857.— Chapter 306.

Abatement of SECTION 3. No abatement shall be made of the taxes

assessed upon any inhabitant of tlie town where the assess-
ment is made, until he shall have filed with the assessors a
list, subscril)ed by him, of his estate liable to taxation, and
made oath that it is a full and accurate list of the same,
according to his best knowledge and belief. When such list
shall not be filed within the time specified by the assessors
for the bringing in of such list, by the inhabitants of the
town, no appeal from the judgment of the assessors concern-
ing such abatement shall be siistained by the county com-
missioners, unless they shall be satisfied that there was good
cause why such list was not seasonably brought in.

Act not to affect, SECTION 4. This act shall not affect any application for
abatement, or suit now actually pending. \_Appruved May
30, 1857.]

RESOLVES,

GENERAL AND SPECIAL

Resolve for the pay of the Legislature and its Officers, monthly. Chap. 1.

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 either house, that tlie pay of the member for the
month, at three dollars per day, amounts to that sum ; and
each member shall certify to the clerk, in writing, a state-
ment of the number of days he has been in attendance
during the month. Also, that there be paid to the clerks, ofcierks.mes-
messengers, door-keepers and pages of the two houses, a keepers' aud
proportionate sum, upon producing the proper certificate ; p''^"^-
and his excellency the governor is authorized to draw his
warrant on the treasury, for a sum not exceeding one hundred
and fifty thousand dollars, for the purpose herein before
specified. [^Approved January 31, 1857.]

Resolves concerning the proposed repeal of the Cod Fishing Bounty. Chap. 2.

Whereas, Propositions have been made in both branches Fishing bounty—
of the Congress of the United States, to repeal the existing andTdesfgaor'^^^
law granting bounties to crews and vessels engaged in the
cod fisheries ; and whereas, the aid which has been extended
by government to that ill-paid and unremunerative branch
of industry, in the form of a bounty, was designed to en-
courage youths to enter on a sea-faring life, so that the
commercial marine and naval service of the country might
be provided with men early trained and accustomed to the
discipline and privations of a life at sea ; therefore,

658

1857. — Chapters 3, 4.

Encouragement
should not be
withdrawn.

Effect of with-
holding bounties.

Copies to be
transmitted.

Chap. 3.

Legislature to
meet in con-
veution.

Attendance of
the governor,
&c., requested.

" Farewell Ad-
dress " to be read

National salute
to be fired.

Chap. 4.

Treasurer au-
thorized to bor-
row, 1 ot exceed-
ing S?300,000.

Resolved, That the wisdom of this policy has been amply-
shown, by the encouragement it has afforded to large num-
bers of energetic young men to enter this service, and who,
after a brief apprenticeship, have, many of them passed
into the merchant service, and in time of war have carried
their country's flag in triumph into every portion of the
globe.

Resolved, That the wants of commerce are such as to
demand that government should relax no efforts to supply
the country with able and experienced seamen, and that no
encouragement that has heretofore been extended to induce
men to enter upon a sea-faring life, ought now to be with-
drawn.

Resolved, That the withholding of these bounties at this
time would injuriously affect the best interests of commerce,
distress a large number of our most valued and deserving
citizens, and greatly impair our national strength, in a point
most vital to our honor and influence, among the maritime
nations of the earth ; and that we earnestly protest against
any legislation by congress which shall disturb the existing
system, proved by so many years of trial to be fraught with
the most happy results.

Resolved, That his excellency the governor be requested
to forward a copy of the foregoing preamble and resolves to
each of our senators and representatives in Congress. [^Ap-
proved February 5, 1857.]

Resolves relating to the celebration of the Birthday of Washington.

Resolved, That the two houses, with their officers, will
meet in convention, in the hall of the house of representa-
tives, on Monday, the twenty-third of February, at eleven
o'clock, A. M., and that the attendance of the governor, the
lieutenant-governor, the executive council, and the heads of
departments of the State government, be requested. The
president of the Senate shall preside, and the speaker of the
house shall read Washington's Farewell Address.

Rf' solved. That his excellency the governor be requested
to order that a salute of one hundred and twenty-five guns
be fired at twelve o'clock, meridian. {Approved February
21, 1857.J ■-

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

1857.— Chapters 5, 6. 659

sum or sums of money as may, from time to time, be neces-
sary 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 tlie purpose, and not otherwise appro-
priated, shall be received into the treasury : provided., hoiv-
ever, that the whole amount borrowed by authority hereof
and remaining unpaid, shall not at any time exceed the
sum of three hundred thousand dollars. I Approved Feb-
ruary/ 27, 1857.]

Resolve auttorizing J. IngersoU Bowditch, Executor of the last Will and GflCip. 5.

Testament of the late Ephraim Peabody, to sell certain Real Estate of
the Testator.

Resolved, That J. IngersoU Bowditch, executor of the last ^^"'°oij*^/° ^^11
will and testament of Ephraim Peabody, late of Boston, in estate.
the county of Suffolk, doctor of divinity, deceased, is here-
by authorized and empowered to sell and convey, at public
auction, or by private sale, and on such terms and conditions
as shall be deemed expedient, all that brick dwelling-liouse,
land and appurtenances, in Chambers Street, in said Boston,
which are particularly described in the deed of John P.
Tarbell and Catherine Elizabeth Tarbell, his wife, to said
testator, dated March twenty-eighth, eighteen hundred and
fifty-four, and recorded with Suffolk Deeds, in lib. 6tj0, fol.
156 ; said premises being then and now subject to a mort-
gage for ten tiiousand dollars and interest, as set forth in
said deed ; and to execute and deliver a good and sufficient
deed thereof to the purchaser, his heirs and assigns, free and
discharged of and from all trusts, and without any obliga-
tion to see to the application of the purchase-money; he. Executor to give
said Bowditch, executor as aforesaid, first giving a bond, ° '
with surety or sureties, to the judge of probate for said
county, for the time being, in such penalty as he shall pre-
scribe, conditioned faithfully to hold, apply and dispose of
the net proceeds of such sale according to law, and the pro-
visions of said last will and testament. [Approved March
9, 1857.]

Resolves in relation to the recent death of Elisha Kent Kane. Chcip. 6.

Whereas, It has pleased the Great Disposer of events to Preamble.
remove, by death, oiir distinguished countryman. Doctor
Elisha Kent Kane, late of Philadelphia ; and, ivhereas, the
eminent services which the deceased has rendered to science,
by the explorations and discoveries to which his enterprise,
his courage and his persevering zeal have largely contributed,

> 34

660

1857. — Cpiapters 7, 8.

Expression of
regret.

Public services of
deceased.

Loss to the cause
of science.

Proffer of sj'mpa-
thy, &c.

Transmission of
copies.

are honorable to the American name, — have added to the
common fame of our whole country, — and are appreciated
by his fellow-citizens of Massachusetts, not less than by those
of his native State ; therefore,

Resolved^ By the Senate and House of Representatives of
Massachusetts, that we have heard with deep regret, of the
death of the eminent explorer and discoverer. Doctor Elisha
Kent Kane.

Resolved^ That the public services, the personal devotion
and self-sacrifice, and the valuable geographical and scien-
tific investigations of the deceased, have done honor to the
American name, have added to the fame of our common
country, and reflect credit upon the human race by their
elevating and ennobling influences.

Resolved, That the cause of science, which has been so
largely benefited by the labors and the sufferings resulting
in his early death, has lost in him an important auxiliary
and an untiring and devoted friend.

Resolved, That we tender to the Commonwealth of Penn-
sylvania, which has lost a cherished and honored son, and to
his surviving family and personal friends, the sincere expres-
sion of our appreciation of the past services of the deceased,
and of our sympatliy with them in this our common loss.

Resolved, That his excellency the governor of this Com-
monwealth, cause certified copies of the above resolutions
to be transmitted to the governor of Pennsylvania, and to the
family of the deceased. \^Approved March 12, 1857.]

Chap. 7.

i!2,500 to the
widow and moth-
er of Solon H.
Tenney.

*2.500 to the
widow of Galen
C. Walker.

Resolve in favor of the Families of Solon H. Tenney, late Warden, and
Galen C. Walker, late Deputy- Warden, of the State Prison.

Resolved, That there be allowed and paid out of the treas-
ury of the Commonwealth, to the widow and mother of Solon
H. Tenney, late warden of the state prison, the sum of
twenty-five hundred dollars, to wit, fifteen hundred dollars
to the widow, and one thousand dollars to the mother ; and
to the widow of Galen C. Walker, late deputy-warden of the
prison, the farther sum of twenty-five hundred dollars : and
the governor is hereby authorized to draw his warrant
accordingly. \^Approved March 16, 1857.]

Cha^h 8.

Waiver of condi-
tion in deed from
the Common-

Resolve on the Petition of Samuel Houghton, Agent of the Proprietors
of Roxbury, Maine.

Resolved, That so much of the conditions contained in a

deed of the Commonwealth of Massachusetts to John Derby,

Derb?. '° '^°'"' of Boston, signed by Nathaniel Wells and others, a commit-

Derby.

tee of said Commonwealth,

dated December ninth, in the

1857.— Chapters 9, 10, 11. 661

year oPxe thousand seven hundred and ninety-four, and
recorded with Cumberland deeds, book twenty-three, pa<i!;es
one and two, as relates to the settlement of thirty families
within six years, be, and the same is hereby waived ; but
this waiver shall in no way affect the other conditions and
obligations of said deed. [Approved March 17, 1857.]

Resolve on the Petition of Charles S. Breed and others. Chap. 9.

Resolved, For reasons set forth in said petition, that there fiootochariess.
be allowed and paid out of the treasury of the Common-
wealth, to Charles S. Breed and Company, the sum of one
hundred dollars, and that the governor be authorized to
draw his warrant therefor accordingly. [^Approved March
17, 1857.]

Resolve granting Taxes for the several Counties. L'/lClJ). i\).

Resolved, That the sums placed against the names of the sums 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 — One hundred and four thousand and eighty
dollars :

Norfolk — Fifty-five thousand dollars :

Plymouth — Twenty-five thousand dollars :

Barnstable — Eight thousand five hundred and fifty-five
dollars :

Dukes — Two thousand five hundred dollars :

Bristol — Fifty thousand dollars:

Worcester — Ninety thousand dollars:

Franklin — Eighteen thousand dollars:

Hampshire — Twenty thousand dollars:

Hampden — Thirty-three thousand dollars :

Berkshire — Twenty-two thousand dollars. [Approved
March 17, 1857.]

Resolve in favor of the late Acting-Clerk of the House of Repre- Chap. 11.

sentatives.

Resolved, That there be allowed and paid out of the 3f3o to acting-
treasury of the Commonwealth, to William E. P. Haskell, the organiza-
the sum of thirty dollars, in full payment for his services House'.'^ "'"
as acting-clerk of the house of representatives, during the
organization thereof, at the commencement of the present
session, and that a warrant be drawn accordingly. [Ap-
proved March 17, 1857.]

S350 to E.

Livingston

;

$152 to S.

Gif-

ford ;

S213 to AY

. A

Haskell ;

ii?246 to

662 1857.— Chapters 12, 13, 14, 15.

Chap. 12. Rksolve on the Petition of E. K. Livingston and others.

Resolved, That there be allowed and paid, out of the treas-
ury of this Commonwealtli, to E. R. Livingston, three hundred
and fifty dollars ; to S. N. Gifford, one hundred and fifty-two
dollars ; to W. A. Haskell, two hundred and thirteen dollars ;
to H. P. Hanson, two hundred and forty-six dollars ; said
yicerontheg?n- suius to be iu full payment for services heretofore rendered
erai index of the ^jpon the ffcncral indcx to the iournals of the house of

journals of hovii-e. l V n , i /» i2i • j.1

representatives, and the catalogue oi papers on file m the
house ; and his excellency the governor is hereby authorized
to draw his warrant accordingly. \^Approved March 19,
1857.]

Chan. 13. Resolve in favor of the Town of Huntington.

$359.85 to the RcsoIvcd, That there be allowed and paid, from the
rj^for^s^nSt treasury of the Commonwealth, to the town of Huntington,
of state pauper, ^i^q suiu of tlircc huudrcd aud fifty-nine dollars and eighty-
five cents, being one-half the sum expended by said town
for the support of Patiick Kelley, a state pauper ; and the
governor is hereby authorized to draw his warrant accord-
ingly. [Approved March 25, 1857.]

Chap. 14. Resolve on the petition of Benjamin Smith, a Soldier of the Revolution.
Four semi-an- Resolvcd, That tlicrc be allowed and paid out of the
or$50^™aS treasury of this Commonwealth, to Benjamin Smith, a
authorized. goldicr of the revolution, (now resident in Shrewsbury.) four
semi-annual payments of fifty dollars each : the first pay-
ment sliall be due and payable the first day of May, eighteen
Resolve to have huiidrcd aiid fifty-scvcn. Sliould the said Smith decease
cease of petitioner prcvious to Said first day of May, or thereafter during the
interval of payments named above, then this resolve shall
have no lurther effect, and no further payments shall be
made thereunder. The governor is authorized to draw his
warrant accordingly. [Approved March 25, 1857.]

Chap. 15. Resolve concerning the Quartermaster-General's Department.

$4,550 appropri- Resolvcd, That the sum of four thousand five hundred
penseso/the de"- and fifty dollars be, and the same hereby is appropriated, to
partment. defray the expenses of the quartermaster-general's depart-

ment, for the current year ; and that warrants be drawn
accordingly. [Approved March 25, 1857.]

1857.— Chapters 16, 17. 663

Resolve to complete the Index to the Journals and Catalogue of the CJicip. 16.
Papers, of the House of Representatives.
Resolved, That the clerk of the house of representatives inaextojoumais

' ^ . J J 1 ' • • • + ! • *l and Catalogue of

cause to be completed, under ins supervision, witlnn the Papers on eie, to
present political year, the general index already l)Ogun to the ^'^ ^°™p^<^'*^;1-
journals of the house of representatives, and also the cata-
logue already begun of the papers on the files of the house ;
said work to be finished in the same style and manner as inwhatstyie.
the portions which have already been made : and tlicre
shall be allowed and paid out of the treasury the sum of
fifteen hundred dollars in full and entire compensation for
the completion of the whole work, both index and catalogue
as aforesaid to the close of the year eighteen liundred and
fifty-five. And said sum of fifteen hundred dollars shall be «i-5oo appropn-

/ . , ated for the whole

paid to the said clerk oi the house oi representatives, when work.
the whole work is completed, as aforesaid. And his excel-
lency the governor is hereby authorized to draw his warrant
accordingly. [Approved March 27, 1857.]

Resolve on Petition of Calvin Jennings and J. S. Montague. C/iap. 17.

Resolved, For reasons set forth in the petition of Calvin ^^"^'''"^i^^J'' ,^'^}
Jennings and J. S. Montague, and in accordance with the estate.
manifest spirit of the last will and testament of the late Rev-
erend Micah Stone, of Brookfield, that Calvin Jennings and
J. S. Montague be, and they hereby are, empowered and
authorized to sell and convey, either at private sale or by
public auction, the real estate described in said petition ;
and the said Calvin Jennings and J. S. Montague, as trus-
tees of the Evangelical Cliurch in Brookfield, in the county
of Worcester, or their successors in said office, are empow-
ered to convey said premises in fee simple : provided, the Proviso
said Calvin Jennings and J. S. Montague, or their successors
in office, shall first give bond to the judge of probate for the
county of Worcester, for the time being, in such sum and
with such surety or sureties as the said judge shall approve,
conditioned to receive the net proceeds of such sale, and, as
soon as may be, invest the same in productive real estate, or
in such dividend paying shares or stocks, as in their judg-
ment shall be most safe and productive, and most conducive
to the interest of said Evangelical Church and Society : pro- Additional pro-
vided, further, that the said Calvin Jennings and J. S, Mon-
tague, as trustees aforesaid, or their successors in office,
shall, from time to time, as they become due, collect and
receive all rents, income, and dividends, on such estate,
shares and stocks, and pay the same to the treasurer of the
said Evangelical Church, to be appropriated for the support

664 1857.— Chapters 18, 19, 20.

of its pastor for the time being, in accordance with the intent
and spirit of the aforesaid will and testament. \^Approved
Marcli 27, 1857.]

Chcin, 18 l^KSOLVES providing for the Contingent Expenses of the Council, Legis-
^ * ' lature, and Offices in the State House.

$847 to the ser- Resolved, That there be paid out of the treasury of the
arreLrageT"fcon- Couimonwealth, to the sergeant-at-arms, the sum of eight
tingeut expenses, hundred aud fortj-scven dollars, being the balance due him
for contingent expenses, which accrued prior to the first of
January, one thousand eight hundred and fifty-seven, and
not covered by previous appropriations.
s2,ooo for con- Resolvecl, That there be paid out of the treasury of the
of'^iwnciirgen- Common wcalth, to the sergeant-at-arms, a sum not exceed-
IT^ta'tr'ho^se'' i"S t^^'*^ thousand dollars, to enable him to defray certain
&c. contingent expenses of the council, general court, offices in

the state house, and for the care of the grounds and build-
ings during the year commencing January first, and ending
December thirty-first, one thousand eight hundred and fifty-
seven ; and the governor is hereby authorized to draw his
warrants, from time to time, accordingly. ^Approved March
28,1857.]

Chap, 19. Resolve for the payment of certain General Expenses, not otherwise

provided for.

Accounts for ex- Rcsolved, That all accouuts for cxpcnditures incurrcd or
by'oraer'o/^rher scrviccs rendered, from time to time, under orders of either
branch of the leg- hraucli of tlic legislature, including tliose which have already

islature, &c., to o ' O J

be approved by bocn passcd at tlic prcscut session, and for which no pro-
prciM mg o cei. ^.jgJQj^ -^ j^^c^^Jq jjy previous acts and resolves, shall be approved
by the presiding officer of that branch by which such orders
have been or may be passed ; and upon such approval the
auditor is authorized to audit and certify such accounts, and
the governor to draw his warrants for the payment of the
same. [Approved March 28, 1857.]

Chap. 20. Resolve in favor of Edward Lamb.

$576.53 allowed Resolvcd, That there be allowed and paid, out of the

sidt brought^ by treasury of the Commonwealth, to Edward Lamb, the sum

ai^ciITcd. ^'''^' ^^ ^^® hundred and seventy-six dollars and fifty-three cents,

in full of his claim for defending a suit brought against him,

by Lawrence, Richards and Company, and that the governor

be authorized to draw his warrant accordingly [Approved

April 2, 1857. J

1857.— Chapters 21, 22, 23. 665

Resolves in favor of the State Farm, at Westborougb. Chan. 21.

Resolved, That the sum of six thousand dollars bo, and *3ooo appropri-
the same is hereby appropriated for improvements, for test- ments, &c.
ing the true value of fertilizers, and the comparative profits
of the different breeds of animals ; for meeting the current
expenses of the State Farm at Westborough, and to enable
the board of agriculture to execute properly the contract with
the trustees of the State Reform School ; but no part of said improvements

. ' i !•, wliich will re-

sum shall be expended in improvements, or on contracts which quire further

will require further appropriations for their completion. rnwiXd/""*

Resolved, That the governor be, and he is hereby author-
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 April 2, 1857.]

Resolve authorizing the Board of Education to appoint Agents. Cliai), 22.

Resolved, That the board of education be, and they are, Agents to visit
hereby authorized to appoint one or more suitable agents, to may^beappointe'd
visit the cities and towns of the Commonwealth, for the pur-
pose of inquiring into the condition of the schools, conferring
with teachers and committees, lecturing upon subjects con-
nected with education, and, in general, of giving and receiv-
ing information, in the same manner as the secretary of the
board would do if he were present ; and to defray the ss.ooo appropri-
expense of the same, for three years, the sum of eight thou- * "^
sand dollars is hereby appropriated : provided, that not more Proviso.
than four thousand dollars shall be expended in any one year ; Additional pro-
and, also provided, that the sum expended in any one year, ^"'°'
when added to the appropriations already established by law,
and chargeable to one-half of the income of the school fund,
shall not mai^e a sum exceeding half the income of said
fund : and his excellency the governor, with tlie advice and
consent of the council, is hereby authorized to draw his
warrant accordingly. [Approved April 3, 1857.]

Resolve authorizing the Sale of certain Real Estate formerly belonging rjhnn OQ
to Benjamin P. Homer, deceased. J *

Resolved, That Edward Codman and Edward Blake, both Authority to seii
of Boston, of the county of Suftblk, esquires, be, and they e^tttr"^^^ ""^"^
hereby are, authorized and empowered to sell and convey at
public auction, or by private sale, and on such terms and con-
ditions as shall be deemed expedient, all that dwelling-house,
stable, land and appurtenances in said Boston, whereof the late
Benjamin P. Homer died seized, bounded southerly by Bea-
con Street, thirty-two feet; westerly by Walnut Street, two

666 1857.— Chapters 24, 25.

hundred feet ; northerly on the estate devised by said Homer
to certain trustees, for his daughter, Mrs. Dixon, forty-nine
feet, — and easterly by land and house of which Benjamin B.
Mussey has lately died seized, two hundred feet, or however
otherwise bounded or described ; and to execute and deliver
good and sufficient deed or deeds thereof, to the purchaser
or purchasers, his or their heirs and assigns, free and dis-
charged of and from all trusts, and without any obligation
Bonds to be to SCO to tlic application of the purchase money ; they, the
^""'°' said Codman and Blake, first giving bond to the judge of

probate for Suffolk county, with such surety or sureties, and
in such penalty as he may prescribe, conditioned faithfully
to hold, apply, pay and distribute the net proceeds of the
sales of said real estate according to law : and this resolve
shall take effect from and after its passage. [Approved
April 6, 1857.]

Chan 24 Resolvp:s authorizing the Publication of Laws and Official Information.
Generaiiaws and ResoIved, That the sccrctary of the Commonwealth be,
ti^ni-howTub- and hereby is, authorized and instructed to publish, such
jished. general laws as may be enacted by the legislature, from time

to time, and all other official information intended for the
public, in such paper or papers, published within the Com-
Proviso. monwealth, as he may select for such \mrpose: provided,

the annual expense of the said publication shall not exceed the
sum of three hundred dollars : and the governor is hereby
autliorized to draw his warrant accordingly.
Resolve of 1855 Resolved, That chapter eleven of the Resolves of eighteen
repealed. huudrcd and fifty-five, entitled, " Resolve in favor of consti-

tuting the Boston Daily Bee and the American Patriot the
official organs," is hereby repealed. [^Approved Apr ill ,
1857.]

ChafD. 25. Resolves relating to the proposed Amendments of the Constitution.

Resolved, That the following articles of amendment of
the Constitution, having been agreed to by the last and
present general courts, and published in the manner required
by the Constitution, be submitted to the people for their
ratification and adoption.

First Article op Amendment.
No person who No pcTsou sliall liavc thc right to vote, or be eligible to
'vHtrkalf vote officc uiidcr tlic Coustitutiou of this Commonwealth, who
or hold office. shall iiot bc ablc to read the Constitution in the English lan-
Proviso. guage, and write his name : provided, however, that the

1857.— Chapter 25. 667

provisions of this ameiulmont shall not apply to any person
prevented by a physical disability from complying with its
requisitions, nor to any person who now has the right to
vote, nor to any persons' who shall be sixty years of age or
upwards at the time this amendment shall take effect.

Second Article op Amendment.
A census of the legal voters of each city and town, on the c«^'iisu.sfoi-appor-

> r.-«r 1111 1 1 1- !«• tiounient of lep-

lirst day of May, shall be taken and returned into the omce reseutatives, &c.
of the secretary of the Commonwealth, on or before the last
day of June, in the year one thousand eight hundred and
fifty-seven ; and a census of the inhabitants of each city and
town, in the year one thousand eight hundred and sixty-five,
and of every tenth year thereafter. In the census aforesaid,
a special enumeration shall be made of the legal voters, and
in eacli city said enumeration shall specify the numebr of
such legal voters aforesaid, residing in each ward of such
city. The enumeration aforesaid shall determine the appor-
tionment of representatives for the periods between the taking
of the census.

The house of representatives shall consist of two hundred two hundred and

,„ 1 i-iini • 11, II- forty members, —

and lorty members, which shall be apportioned by the legis- how apportioned.
lature, at its first session after the return of each enumera-'
tion as aforesaid, to the several counties of the Commonwealth,
equally, as nearly as may be, according to their relative
numbers of legal voters, as ascertained by the next preced-
ing special enumeration ; and the town of Cohasset, in
the county of Norfolk, shall, for this purpose, as well as in
the formation of districts, as hereinafter provided, be con-
sidered a part of the county of Plymouth ; and it shall be the
duty of the secretary of the Commonwealth, to certify, as
soon as may be after it is determined by the legislature, the
number of representatives to which each county shall be
entitled, to the board authorized to divide each county into
representative districts. The mayor and aldermen of the Representative
city of Boston, the county commissioners of other counties formed!*'" °"
than Suffolk, — or in lieu of the mayor and aldermen of the
city of Boston, or of the county commissioners in each county
other than Suffolk, such board of special commissioners in
each county, to be elected by the people of the county, or of
the towns therein, as may for that purpose be provided by
law, shall, on the first Tuesday of August next after each
assignment of representatives to each county, assemble at a
shire town of their respective counties, and proceed, as soon
as may be, to divide the same into representative districts of
contiguous territory, so as to apportion the representation
3d

668

1857.— Chapter 25.

Kepresentative
must be an in-
habitant of dis-
trict, &c.

Keturn to be
made of descrip-
tion, number,
&c., of districts.

Meetings, how
called and eon-
ducted.

One hundred
members a quo-
rum.

assigned to each county equally, as nearly as may be, accord-
ing to the relative number of legal voters in the several dis-
tricts of each county ; and such districts shall be so formed
that no town or ward of a city shall be divided therefor, nor
shall any district be made which shall bo entitled to elect
more than three representatives. Every representative, for
one year at least next preceding his election, shall have been
an inhabitant of the district for which he is chosen, and shall
cease to represent such district when he sball cease to be an
inhabitant of the Commonwealth. The districts in each
county shall be numbered by the board creating the same,
and a description of each, with the numbers thereof, and the
number of legal voters therein, shall be returned by the
boird, to the secretary of the Commonwealth, the county
treasurer of each county, and to the clerk of every town in
each district, to be filed and kept in their respective offices.
The manner of calling and conducting the meetings for the
choice of representatives, and of ascertaining their election,
shall be prescribed by law. Not less than one hundred
members of the house of representatives shall constitute a
quorum for doing business ; but a less number may organize
temporarily, adjourn from day to day, and compel the attend-
ance of absent members.

Census for ap-
portionment of
senators.

Third Article of Amendment.
A census of the legal voters of each city and town, on the
first day of May, shall be taken and returned into the office
of the secretary of the Commonwealth, on or before the last
day of June, in the year one thousand eight hundred and
fifty-seven ; and a census of the inhabitants of each city and
town, in the year one thousand eight hundred and sixty-five,
and of every tenth year thereafter. In the census aforesaid,
a special enumeration shall be made of the legal voters, and
in each city, said enumeration shall specify the number of
such legal voters aforesaid, residing in each ward of such
city. The enumeration aforesaid shall determine the appor-
tionment of senators for the periods between the taking of
tlie census. The senate shall consist of forty members.
gie'senatoriai dis- Thc gcncral court shall, at its first session after each next
tricts. preceding special enumeration, divide the Commonwealth

into forty districts of adjacent territory, each district to con-
tain, as nearly as may be, an equal number of legal voters,
according to the enumeration aforesaid : provided, however,
that no town, or ward of a city, shall be divided therefor ;
and such districts sliall be formed, as nearly as may be,
without uniting two counties, or parts of two or more coun-

State to be divid-
ed into forty sin

1857.— Chapter 25. 669

ties, into one district. Each district shall elect one senator, senator must be
who shall have been an inhabitant of this Commonwealth drstru^t, &c^"
five years at least, immediately preceding his election, and
at the time of his election, shall be an inhabitant of the dis-
trict for which he is chosen ; and he shall cease to represent
such senatorial district when he shall cease to be an inhabi-
tant of the Commonwealth. Not less than sixteen senators sixteen senators
shall constitute a quorum for doing business; but a less ^''"°'^*^'^^'
number may organize temporarily, adjourn from day to day,
and compel the attendance of absent members.

Resolved, That the people shall be assembled for the Meetings for art-
purpose aioresaid, m their respective cities and towns, m ments.
meetings to be legally warned, and held on the first day of
May next, at which meetings all the inhabitants, qualified
to vote for senators and representatives in tlie general court,
may give in their votes, by ballot, for or against each of the
said articles of amendment ; and the same officers shall pre-
side in the said meetings as in the meetings for the choice
of senators and representatives, and shall, in open meeting,
receive, sort, count and declare the votes of the inhabitants,
for and against the same ; and the said votes shall be re-
corded by the clerks of said cities and towns, and true
returns thereof shall be made out, under the hands of the
mayors and aldermen of the several cities, and of the select-
men or a major part of them, and of the clerks of the said
cities and towns, respectively, and sealed up and delivered
to the sherifl' of the county within three days after the said
meeting, to be by him transmitfed to the office of the secre-
tary of the Commonwealth within seven days after receiving
the same ; or the said mayors and aldermen, and selectmen,
respectively, shall themselves transmit the same to the said
office within ten days after the said meetings : provided, that
in the several cities, the meetings held under this resolve,
shall be conducted according to the provisions of the acts
establishing the same, and of the several acts in addition
thereto. The said meetings shall be deemed to be legally
warned or notified, if due notice thereof be given on or
before the twenty-fourth day of April next previous thereto.

Resolved, That each of the said articles shall be consid- Amendments,
cred as a distinct amendment, to be adopted in the whole, si.iered and
or rejected in the whole, as the people shall think proper. '^°"^'*°"
And every person, qualified to vote as aforesaid, may express
his opinion on each article as designated by its appropriate
number, without specifying in his ballot the contents of the
article, and by annexing to each number the word Yes, ox'

670

1857.— Chapter 26.

Governor and
council to exam-
ine returns.

Amendments to
be enrolled, &c.

Proclamation,
upon adoption
of amendnieutP.

Secretary to

transmit copies,
&c., to cities
and towns.

No, or any other words of the same import ; but the whole
shall be written or printed on one ballot, in substance as
follows, to wit: — Amendments — article first, yes or no;
article second, yes or no ; article third, yes or no. And
every article that shall appear to be approved by a majority
of the ]>ersons voting thereon, shall be deemed and taken to
be ratified and adopted by the people.

Resolved^ That his excellency the governor, and the
council, shall, forthwith, open and examine the votes re-
turned as aforesaid ; and if it shall appear that said articles
of amendment, or either of them, have been approved by a
majority of the persons voting thereon, according to the
votes returned and certified as aforesaid, the same shall be
enrolled on parchment and deposited in the secretary's
office as a part of the constitution of this Commonwealth,
and shall be published in immediate connection therewith,
numliered according to their numerical position, with the
articles of amendment of the constitution heretofore adopted,
in all future editions of the laws of this Commonwealth,
printed by public authority.

Resolved, That his excellency the governor be, and he
hereby is, authorized and requested to issue his proclama-
tion forthwith, after examination of the votes returned as
albrcsaid, reciting the said articles of amendment, or either
of thern, and announcing that said articles of amendment,
or either of them, have been duly adopted and ratified by
the people of this Commonwealth, and have become a part
of the Constitution thereof, and requiring all magistrates
and officers, and all citizens of the said Commonwealth, to
take notice thereof, and govern themselves accordingly ; or
that the said articles of amendment, or either of them, have
been rejected, as the case may be.

Resolved^ That a printed copy of these Resolves, including
the said articles of amendment, and blank forms of the
returns of votes on each of said articles, shall be transmitted,
as soon as may be, by the secretary of the Commonwealth,
to the mayors and aldermen of the several cities, and to the
selectmen of the several towns, of this Commonwealth.
\^Approved April 8, 1857.]

Chan. 26. Resolvk in favor of the Herring Pond Indians.

$900 to aid in the Rcsolved, That for reasons set forth in the petition, there
holiseo" worship'! be allowed and paid, out of the treasury of the Common-
wealth, to the treasurer of the Herring Pond Indians, the
sum of nine hundred dollars, to aid in the erection of a

1857.— Chapters 27, 28, 29. 671

house of religious worship, for the benefit of said Indians ;
and tliat a warrant be drawn therefor accordingly. [Ap-
proved April 10, 1857.]

Resolve in aid of the Troy Indians. ^ Chap. 27.

ResoIvecL That for reasons set forth in the petition, there $i60 for the pur-

' _ 1 1 i 11 • chase of pews in

be paid out oi the treasury oi the Commonwealth, to bcnja- meeting-house.

min P. Winslow, agent of the Troy Indians, one hundred

and sixty dollars, for the purchase of two or more pews iu

the meeting-house of the First Christian Society, in North

Westport, in this State, for the use of said Indians ; and

that a warrant be drawn therefor accordingly. \^Approved

April 10, 1857.]

Resolve in favor of Samuel H. Reed. Chap. 28.

Resolved^ That for reasons set forth in the petition of *55 for samuei
Samuel H. Reed, of Greenfield, there be paid to him, from
the treasury of the Commonwealth, the sum of fifty-five
dollars, and that the governor be authorized to draw liis war-
rant accordingly. [^Approved April 11, 1857.]

Resolve authorizing Lucy Davis and George P. Davis, Executors of the Chap. 29.
Will of Samuel Davis, deceased, to sell Real Estate of the Testator.

Resolved, Hhnii Lucy Davis and George P. Davis, execu- Authority to seii
tors of the last will and testament of Samuel Davis, late of ertate*in^Boston.
Boston, in the county of Suflolk, deceased, are hereby au-
thorized and empowered to sell and convey, at public auction
or private sale, and on such terms and conditions as shall be
deemed expedient, all that mansion liouse numbered twenty,
in Dix Place, in said Boston, with the land under and around
the same ; and also all that farm situated in Walpole, in the Amiaisoin wai-
county of Norfolk, containing about one hundred and ^°'^'
seventy-five acres, bounded northerly on lands of Ellis Clapp,
southerly on lands of Smith Ware, easterly on lands of
PUmpton, — being estates of which said Samuel died seized,
and which are specified in his said last will and testament ;
and to execute and deliver a good and sufficient deed and
deeds, of each and both of said estates, or any part thereof,
to the purchaser or purchasers, his and their heirs and
assigns, free and discharged of and from all trusts, and
without any obligation to see to the application of the ))ur-
chase money, they, the' said Lucy and George P., first giving Executors to give
a bond, with surety or sureties, to the judge of probate, for
said county of Suffolk, for the time being, in such penalty
as he shall prescribe, conditioned faithfully to hold, apply

672 1857.— Chapters 30, 31, 32.

and dispose of the net proceeds of such sale according to
law, and tlie provisions of said last will and testament.
[Approved April 11, 1857.]

Chap. 30. Resolve on the Petition of the Overseers of Gay Head.

•fsoofortheerec- ResoIvecL That for reasons set forth in their petition, there

tion of a school- , ,, -,', ... „, n t /-^

house at Gay DC allowcd and paid, out 01 the treasury oi the (Jommon-
"'='^^- wealth, to Isaac D. Rose, Aaron Cooper, 2d, and Samuel

Peters, Overseers of the Indians and people of color at Gay
Head, the sum of five hundred and sixty-five dollars, for the
purpose of erecting a school-house at Gay Head ; and the
governor is hereby authorized to draw his warrant for that
sum. [Approved April 14, 1857. J

Chap. 31. Resolve on the Petition of E. B. Stoddard.

$166.66 to E. B. Resolved, For reasons set forth in said petition, that there
be allowed and paid out of the treasury of the Common-
wealtli, to E. B. Stoddard, the sum of one hundred and
sixty-six dollars and stxty-six cents ; and the governor is
hereby authorized to draw his warrant therefor, accordingly.
[Approved April 18, 1857.]

Chap. 32. Resola'e on the Petition of Charles Brigham.

Authority to Mesolved, For reasons set forth in said petition, that
trusye,^Vo ^seii Charlcs Brighaiii, of said Grafton, trustee for the Grafton or
mate.'"'''''^ ''""^ Hassaiiamisco Tribe of Indians, be, and hereby is, authorized
and empowered to sell, at public auction or private sale, that
certain real estate named in said petition, being the same
which was assigned by said trustee, to John Hector, by vir-
tue of a Resolve ot" this Commonwealth, approved by the
governor on the ninth day of April, in the year eighteen
hundred and forty-six, situated in said Grafton, containing
five acres of land, more or less, and now occupied by said
Hector ; and to convey said real estate, by deed, dnly exe-
Proceeds of sale, cuted and acknowlcdgcd, and apply the proceeds of such

how to be ap- i . .1 , ,■ , 1 . , . r. ttt

plied. sale to the purchase ot other real estate m the city of Wor-

cester, in said county, which will better accommodate said
Hector and family, and receive a deed of the same, duly and
legally executed, as a trustee, for the benefit of said John

Provi.«o. Hector and his heirs, forever : 7>roi;f^ec?, that said trustee

shall first give bonds, with sufficient surety or sureties, to
the judge of probate for said county, for the faithful execu-
tion of the powers hereby conferred. [Approved April 18,
1857.] '^

1857.— Chapters 33, 34, 35, 36, 37. 673

Resolve in favor of Samuel Cook. Chap. 33.

Resolved, That there be paid out of the treasury of this .sns to samuei
Commonwealth, to Samuel Cook, of Houlton, in the State to^'V-L.^"''^'
of Maine, the sum of one hundred and eighteen dollars
thirty-three cents, for services rendered to the Common-
wealth, during the administration of George W. Coffin,
esquire, as Land Agent, and that the governor be autho-
rized to draw his warrant for the payment of the same.
[Approved April 18, 1857.]

Resolve in favor of Lucas and Mayberry. Chcin. 34.

Resolved, That for reasons set forth in the petition of $70.79 to Lucas
Lucas and Mayberry, of Edgartown, there be allowed and Edgartown'^'^^' °^
paid out of the treasury of the Commonwealth, to the peti-
tioners, the sum of seventy dollars and seventy-nine cents ;
and the governor is hereby authorized to draw his warrant
accordingly. [Approved April 21, 1857.]

Resolve in favor of the Massachusetts State Teachers' Association. CIlCip. 35.

Resolved, That there be allowed and paid out of the s9ooaiiowedon
treasury of the Commonwealth, to the Massachusetts State schooi-commit-
Teachers' Association, the sum of nine hundred dollars, in *<:''« fre^^f"'--

11 f ^ 1 11111 1 Dished with the

tliree annual installments, 01 three hundred dollais each, on 'Massachusetts
condition that the said association will furnish a copy of the
Massachusetts Teacher, to each school committee in the
several cities and towns in the State, for the term of three
years, for the benefit of present and future scliool committees,
and that the governor draw his warrants accordingly. [Ap-
proved April 21, 1857.]

Resolve iu favor of Ralph K. Jones. Chat) 36

Resolved, That for reasons set forth in the petition, there ,«42.55 to Ralph
be allowed and paid out of the treasury of the Common- ^- "^°°''^-
wealth, to Ralph K. Jones, the sum of forty-two dollars and
fifty-five cents, and that the gov^ernor be authorized to draw
his warrant accordingly. [Approved April 24, 1857.]

Resolve on the Petition of Samuel N. Tenney. Chap. 37.

Resolved, For reasons set forth in said petition, that Sam- Authority to sen

T 1L.T rr< I. /^i 1 • 1 p r\ rt" 1 1 1 '^"'i convey real

uel N. Tenney, 01 Chelsea, \n the county 01 bunolk, gentle- estate, in Boston:
man, be, and he hereby is authorized and empowered to sell bury.'^^°''^
at public auction, or private sale, and upon such terms and
conditions as he shall deem expedient, the parcels of land
mentioned in said petition, and of which Samuel Tenney,
late of Boston, in said county, gentleman, died seized,

given

674 1857.— Chapters 38, 39.

namely : a parcel of land in said Boston, with the buildings
thereon, on the easterly side of Congress Street, late Atkin-
son Street, as descril)ed in a deed of Elijah Loring, to said
deceased, recorded with Suffolk deeds, liber three hundred
eighty, folio two hundred fifty ; also, a parcel of land, with
the buildings thereon, on Salem Street, in said Boston, as
described in a deed of the Boston Asylum and Farm
School for Indigent Boys, to said deceased, recorded with
Suffolk deeds, liber six hundred fifty-four, folio one hundred
thirty-one ; also a parcel of land situated in Newbury, in
the county of Essex, near the Byfield Meeting-house, as
described in a deed of Daniel S. Caldwell, to said deceased,
recorded with Essex deeds, liber four hundred fifty-three,
folio two hundred fifty-two; and to execute and deliver good
and sufficient deeds thereof to the several purchasers, their
heirs and assigns, free and discharged from all trusts, and
without any obligation to see to the application of the pur-
Bonds to be chasc moucy : provided, hovjever, that the said Samuel N.
Tenney shall first give bond to the judge of probate, for
said county of Suffolk, for the time being, in such sura and
with such surety or sureties, as he shall approve, conditioned
faithfully to hold, account for, pay over and distribute the
net proceeds of all such sales according to law, and to the
provisions of the last will and testament of said Samuel
Tenney. [Approved April 25, 1857.]

Chap. 38. Resolve on the Petition of the First Baptist Society, in Southbridge.
Authority to sell Resolved, That for reasons set forth in the petition of the
estlte.'"'^''^ "^""^ First Baptist Society, in Southbridge, Holdridge Ammidown,
agent of said society, be authorized to sell, at piiblic or pri-
vate sale, certain real estate described in said petition, and
give a proper deed for the conveyance of the same, and
receive and pay to the treasurer of said society, the proceeds
thereof, for the purpose of building or purchasing a parson-
age for said society. [Approved April 25, 1857.]

Chap. 39. Resolve on the Petition of the Selectmen of Dorchester.

Authority to sell Resolvcd, That Ebenezer Eaton, Edward H. R, Ruggles

and convey real ■, •■ • -i-, -rv- i „ , o t-v i

estate. aufl Licwis J^ . Ficrcc, selectmcu of the town of Dorchester,

are hereby authorized, acting in said capacity, for and in
behalf of the inhabitants of said town, to sell and convey,
at public auction or private sale, and on such terms as shall
be deemed expedient, a certain piece of land in said Dor-
cliester, containing about five acres, formerly the property
of one Luke Trott, and by him conveyed to said town, by
his deed bearing date June the sixth, in the year seventeen

1857.— Chapters 40, 41. 675

hundred and ninety-six, recorded with Norfolk County
Deeds, liber sixth, folio sixty-four. Said land is bounded and
described as follows, to wit : south-westerly upon land for-
merly of Luke Trott, deceased ; north-westerly by a brook ;
easterly and southerly l)y land formerly of one Lemuel
Crane, deceased. They are further, in like manner, author- boihu to ).e
ized and empowered to make, execute and deliver, a good ^'''''^"'
and sufficient deed thereof, to the purchaser, his heirs and
assigns, free and discharged of and from all trusts, and
without any obligation to see to the application of the pur-
chase money ; they, the said town, first giving their bond to
the judge of probate for the county of Norfolk, to be exe-
cuted for them by said selectmen, in a penalty equal to
double the amount of such purchase money, conditioned
faithfully to hold, apply, pay and distribute the net proceeds
of such sale according to law. \^Approved April 25, 1857.]

Resolve in aid of the Christiantown and Chappequiddic Indians. Chop. 40.
Resolved, That there be allowed and paid, out of the s?ioo for repairs

'._, 11 -n» 1/^Tiri °" church ana

treasury oi the Commonwealth, to j>arnard C. Marcnant, scuooi-house.
guardian of the Christiantown and Chappequiddic Indians
and people of color, in the county of Dukes, the sum of one
hundred dollars, to be expended in repairs upon the church
and school-house of said Chappequiddic Indians and people
of color ; the sum so granted to be accounted for by said
guardian, in the same way in which he accounts for the
other property of his wards ; and the governor is hereby
authorized to draw his warrant for the said sum of one hun-
dred dollars. [Approved April 27, 1857.]

Resolve authorizing the removal of the Remains of the Dead from a Qfidj)^ 41.
Burial Ground in Natick. -*

Resolved, That the inhabitants of the town of Natick ^^'^J^^l^'^J '^'"'*
are hereby authorized, at the expense of the town, to remove
the remains of the dead from the burial ground near the
station of the Boston and Worcester Railroad, in said Natick,
to Dell Park Cemetery, in said Natick, or to such other
burial ground or grounds within said town, as the relatives
and friends of those whose remains shall be removed may
designate : jnovided, that there shall be chosen, at a legal Proviso.
meeting of the inhabitants of said town, qualified to vote in
town affairs, within two years from and after the passage of
this resolve, a committee of three, under whose supervision
the said removal shall be effected: ^ro?nV(?ef/,/Mr^//,er, that Additional pm-
the remains of the dead shall be reinterred in a suitable and ^'*"''
proper manner, due regard being paid to the relationship

676 1857.— Chapters 42, 43.

and families of the deceased ; and the relatives of those
whose remains shall be removed, shall have the right to
Third proviso, assist in the removal: provided^ a/^o, that the committee
appointed as aforesaid, make a removal of all the known
remains of the dead, and remove all the tombs and monu-
ments therein, and rebuild or replace the same in a suitable
manner, at the expense of the town : and the relatives and
friends of those whose remains shall be removed, shall have
the right to be heard before said committee, as to the selec-
tion of places and lots for reinterments. [^Approved April
30, 1857.]

Chap. 42. Rksolve on the Petition of Sidney Bartlett, Executor of the last Will
and Testament of Benjamin B. Mussey, deceased.

Authority to sell Rcsolved, For the rcasous set forth in said petition, that
tsLe!"""'"^ '''" Sidney Bartlett, executor of the last will and testament of
Benjamin B. Mussey, late of Newton, in the county of Middle-
sex, bookseller, deceased, be, and he hereby is, authorized
and empowered to sell and convey, at public auction, or by
private sale, and on such terms and conditions as shall be by
him deemed expedient, the dwelling-house, land and appur-
tenances formerly belonging to Samuel Appleton, deceased,
in Beacon Street and Walnut Street, in the city of Boston,
and all and singailar the other parcels of real estate, in said
Boston, and elsewhere in said Commonwealth, whereof said
Benjamin B. Mussey died seized, or in or to which he had
any right, title or interest at the time of his decease ; and to
execute and deliver good and sufficient deeds thereof, to the
several purchasers of the same, their respective heirs and
assigns, free and discharged of and from all trusts, and with-
out any obligation on the part of such purchasers to see to
Executor to give thc application of the purchase money, — he, the said Bart-
lett, executor as aforesaid, first giving a bond, with surety or
sureties, to the judge of probate for the county of Middlesex,
for the time being, in such penalty as he shall prescribe,
conditioned faithfully to hold, apply and dispose of the net
proceeds of all and singular such sales, according to law,
and to the provisions of said last will and testament. This
Eesolve shall take effect from and after its passage. [^Ap-
proved Map 4, 1857.]

Chap. 43. Resolve on the Petition of Lydia Barrows and another.

Judge of pro- Resolved, For reasons set forth in the petition of Lydia
to^ appouit °trus- Barrows and Horace Granville Barrows, that the judge of
convey real "^s*^- p^obate, for thc couuty of Suflfolk, be, and hereby is author-
tate. ized and empowered to appoint some suitable person as

1857.— Chapters 44, 45. 677

trustee to sell and convey at private sale, and to execute all
necessary deeds and instruments to convey in fee simple,
certain real estate, situate in the northerly part of the city
of Boston, in said county of Suifolk, on a street called Ben-
net Street, which said estate was devised and bequeathed by
the last will and testament of Rufus L. Barrus, of said Bos-
ton, physician, deceased, to Lydia Barrows, during her life
or widowhood, then to the said Horace Granville Barrows,
during his life, and then to the heirs of the said Horace
Granville, in fee simple, said property being described in
said will, recorded in the probate office in said county of
Suffolk, and to reinvest the proceeds thereof in other real Proceeds to be
estate in the more southerly part of the city of Boston, to be '^'"^^^'^ >
subject to the said uses and ultimate disposal, as is provided
in said will of said Rufus L. Barrus, deceased, respecting
the real estate herein above described : provided, that said Trustee to give
trustee shall first give a bond to the judge of probate for ^°"'^^' ^*''
said county of Suffolk, with surety or sureties satisfactory to
said judge of probate, that he will faithfully execute the
powers hereby granted to him, to wit, to sell and reinvest as
aforesaid. {^Approved Mai/ 4, 1857.]

Resolve in favor of the State Reform School for Boys, at Westborough. Q/k^j)^ 44.

Resolved, That the sum of forty-four thousand dollars be, $44,000 appro-
and the same is hereby appropriated, to be applied by the p"'^*'^'^-
trustees of the State Reform School, at Westborough, for
the support of that institution, and that the governor draw
his warrant accordingly. \_Approved May 4, 1857.]

Resolve on the Petition of Henry P. Sturgis and another. Ch(fl). 45

Resolved, That Henry P. Sturgis and James Sturgis, both Authority to sen
of Boston, in the county of Suffolk, and Commonwealth '^'^''^ °'*''''=-
aforesaid, merchants, be, and they hereby arc authorized and
empowered to sell and convey, at public auction or by private
sale, and on such terms and conditions as shall be deemed
expedient, a certain piece of land, with two dwelling-houses
thereon, bounded on Bridge Street, at the westerly part of said
Boston ; beginning at the corner of the brick wall next to the
Massachusetts General Hospital ; thence southerly, forty-six
feet on said street, to the centre of the south wall ; thence
running easterly, on land now or late of Jonathan Whitney,
fifty-five feet, to a five feet passage-way, with a privilege to
pass and repass therein, and also a privilege to the pump
and well ; thence northerly on said passage-way, thirty-three
feet three inches, to said liospital land ; thence westerly on
the same about fifty-six feet, to the place of beginning;

678 1857.— Chapters 46, 47, 48.

being the same premises which were devised to Susan Sturgis
by Samuel Parkman, formerly of said Boston, esquire,
deceased, and conveyed by the deed of Sarah Parkman,
executrix, dated July first, eighteen hundred and twenty-
four, and recorded with Sufiblk deeds, lib. 373, fol. 245 ;
the said premises having been conveyed to said Samuel
Parkman by Jonathan Whitney, by deed dated the twenty-
fourth day of April, eighteen hundred and twenty, and
recorded with Suffolk deeds, lib. 267, fol. 184, — or however
otherwise bounded or described ; and to execute and deliver
good and sufficient deed or deeds thereof to the purchaser or
purchasers, his or their heirs and assigns, free and discharged
of and from all trusts, and without any obligation to see to
Bonds to be tlic application of the purchase money ; they, the said Henry
s'^*"*- P. and James Sturgis, first giving bond to the judge of pro-

bate, for Sufiblk county, with such surety or sureties, and in
such penalty, as he may prescribe, conditioned faithfully to
hold, apply, pay and distribute the net proceeds of the sales
of said real estate according to law. [^Approved May 4,
1857.]

Ch(ip. 46. Resolve concerning the State Industrial School for Girls, at Lancaster.

sfi3,5oo appro- ResolvecL That the sum of thirteen thousand and five
hundred dollars be, and the same hereby is appropriated to
be applied by the trustees of the State Industrial Scliool for
Girls, at Lancaster, for the support of said institution ; and
the governor is hereby authorized to draw his warrant
accordingly, \^Approved May 4, 1857.]

Chnp. 47. Resolve in favor of John H. Wilkins, H. B. Rogers and Francis B. Fay.

*fceTasc°omm""- Resolvcd, That thcrc be allowed and paid, out of the
.sionersofKeform trcasury of tlic Commouwealth, to John H. Wilkins, H. B.
Rogers and Francis B. Fay, the sum of three thousand dol-
lars, for services as Commissioners of the Reform School for
Girls, under the Resolve of eighteen hundred fifty-five, chap-
ter eighty- three, and that the 'governor be authorized to
draw his warrant accordingly. \_ Approved May 4, 1857.]

Chap. 48. Resolve in behalf of the Chaplains of the Legislature.

$200 each, for Resolved, That there be allowed and paid, out of the
treasury of this Commonwealth, to the Chaplains of the
Senate and House of Representatives, each, the sum of two
hundred dollars, for their services during the present ses-
sion, and that warrants be drawn accordingly. [Approved
ilfa^ 4, 1857.] r

services.

1857.— Chapters 49, 50. 679

Resolves in aid of the State Library. Chdt). 49.

Resoh'cd, That, in addition to the sum of three hundred 9?2.ooo appropri-
dollars annually appropriated for the increase of the State adciition"'&c.'^ '"
Library, as provided by the twelfth section of the eleventh
chapter of the Revised Statutes, the further sum of two
thousand dollars be appropriated ; and the same is hereby
a])pro])riated annually, to be expended under the direction
of the trustees and librarian of said library, in purchasing
or otherwise procuring" such works as they may deem most
useful, and in defraying the expense of binding and keeping
in good condition the works now belonging to the library, or
which may hereafter be added to it.

Resolved, That the said trustees and librarian be author- Trustees and ii-

' c , 1 branan may eui-

izcd to employ such assistance as may be necessary lor the pioy assistance,
accommodation of visitors, for the due protection and care
of the library, and for the performance of whatever labor
the librarian may require : p?-ovided, however, that the an- I'roviso
nual expense of such assistance shall not exceed five hundred
dollars : these resolves to take eflect from and after the first when to take ef-
day of January, in the year eighteen hundred and fifty-
seven ; and the governor is authorized to draw his warrant
accordingly. ^Approved May 4, 1857.]

Resolve on the Petition of George H. Bruen. Chap. 50.

Resolved, That, for the reasons set forth in said petition, Authority to sen
George H. Bruen, the petitioner, one of the executors named cstate*!°°^''^ '^
in will of William D. Bruen, be, and is hereby authorized
to sell and convey, in fee simple, either at public auction or
private sale, and on such terms and conditions as he may think
proper, all the right, title and interest which said William
D. Bruen had or was entitled to at his decease, in a parcel of
land situated in Maiden, in the county of Middlesex, on the
road leading to South Reading, on the west side thereof,
being the same that is described in deed from Gilbert Ham
to Daniel M. Wilson, George F. Cobb and William D. Bruen,
copartners, dated April tenth, eighteen hundred and fifty-
two, and recorded in Middlesex registry of deeds, lib. 631,
fol. 315, or however otherwise described ; with power to make,
execute and deliver to the purchaser, all proper deeds and
papers necessary to convey the same in fee simple : provided, Proviso.
that said George H. Bruen shall have first proved said will,
in this Commonwealtli, aiid given the requisite bond as execu-
tor thereof, or as administrator, with the will annexed, and
shall also give to the judge of the probate court, in the county
of Suffolk, a bond with sureties satisfactory to such judge,
conditioned to faithfully execute the powers aforesaid, and

680 1857.— Chapters 51, 52, 53.

to pass over and apply the proceeds or avails of such sale
accordhig to law, and the provisions of said will. \^Approved
May 4, 1857.]

Chcip. 51. Ki:soLVE on the Petition of James Leeds.

.^n"a''conve*°reai Resolved, That for the reasons set forth in said petition,
estate. Jamcs Lccds, executor of the will of John Howe, late of

Boston, deceased, be, and hereby is authorized to sell and
convey in fee simple, at public auction or private sale, and
on such terms and conditions as he may think proper, the
land and premises mentioned in said petition, being an estate
situated in Bennet Street, in said Boston, and fully described
in a deed of Robert Lord, to said John Howe, dated March
ninteenth, eighteen hundred and ten, and recorded in Sufiblk
registry of deeds, liber 232, folio 97, with power to make,
execute and deliver to the purchaser, all proper deeds and
Executors to give otlicr papcrs ncccssary to convey the same: provided^ said
bonds. Leeds shall first give a bond, with sureties, to the judge of

the probate court, in_the county of Suffolk, for the time
being, satisfactory to said judge, conditioned to faithfully
execute the powers aforesaid, and to pay and apply the pro-
ceeds and avails of said property according to law and the
provisions of said will. \_Approved May 7, 1857.]

Chap. 52. Kesolve on tlie Petition of the Exchange Mutual Insurance Company.

sfi07.37 allowed. Resolvcd, That, for the reasons set forth in said petition,
there be allowed and paid, out of the treasury of the Com-
monwealth, to the said Exchange Mutual Insurance Company,
the sum of one hundred and seven dollars and thirty-seven
cents, and that a warrant be drawn accordingly. [Approved
May 1, 1857.]

Chap. 53. Resolve on the Petition of John B. Alley and Francis O. Watts, Execu-
tors of the Will of Sarah B. Foster, deceased, and of the said Alley
as Guardian of her Minor Children.

anTconyey°ila} Resolvcd, For tlic rcasous sct forth in said petition, that
estate. tlic Said Alley be, and he hereby is authorized, to dispose of

and sell, at public or private sale, and on such terms and
conditions as he may think proper, all the interest, both legal
and equitable, which the said Sarah B. Foster, at the time
of her decease, had in, with all her right and title to, the two
parcels of land in Boston, in the county of Suffolk, between
Union and Friend Streets, particularly described in the said
petition. Also all the interest, legal and equitable, of the
said minor children, namely, Joseph Winn Foster, Russell
Burroughs Foster and Arthur Lewis Foster, and their right

1857.— Chapters 54, 55, 56, 57. 681

and title to the premises, with authority to execute, acknowl-
edge and deliver, all necessary and proper deeds of convey-
ance and release ; the said Alley as guardian, as aforesaid,
first giving bond satisfactory to the judge of probate for the Bonds to be
county of Suffolk, with condition that he will account for ^'^''"
the jiroceeds of such sale, according to law. And the said
executors are authorized to execute a confirmatory deed of
said premises. [^Approved May 7, 1857.]

Resolve in favor of the Hospital at Rainsford Island. CJlCip. 54.

Resolved, That the sum of three thousand dollars be, and »3,ooo appropri-
the same is hereby appropriated, to be applied by the inspec- '
tors of the Hospital at Rainsford Island, for the purpose of
repairing and enlarging a wharf, and for the purchase of
furniture for the use of the hospital, and tliat the governor
draw his warrants accordingly. [^Approved May 7, 1857.]

Resolve relating to the State Almshouse at Monson. Chop. 55.

Resolved, That the sum of twelve hundred dollars be, fted^for^'^a'^peJt-
and is hereby appropriated, to be applied by the inspectors i^oxme, &c.
of the almshouse at Monson, to the building of a pest-house
and for other necessary purposes, and that the governor
draw his warrants accordingly. \_Approved May 7, 1857.]

Resolves concerning the Massachusetts Claim against the General Gov- QJif/)) ^Q

ernment. -* '

Resolved, That our senators and representatives in con- Request tosena-
gress be, and they hereby are requested to use their best sentativesia'con-
endeavors to procure an early and complete adjustment of ^''^^'^
the claim of Massachusetts against the general government,
for militia services rendered during the late war with Great
Britain.

Resolved, That his excellency the governor be requested Jr°'''snu''d'"^
to forward a copy of the foregoing resolve to each of our
senators and representatives in congress. \_Approved May
8, 1857.]

Resolve relating to the compensation of the Door-Keepers, JNIessengers QJiccn 57
and Pages of the General Court. -* *

Resolved, That there be paid out of the treasury of the 75 cents per voi-

CT,,..TTi *T lime allowed for

ommonwealth, to the door-keepers, messengers and pages filing documents,

of the general court, the siun 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,
during the present session, and that the governor be author-
ized to draw his warrant accordingly. [^Approved May 9,
1857.]

682 1857.— Chapters 58, 59, 60.

Chcip. 58. Resolve concerning the Board of Education.

S88.55 to defray ResolvccL That tliG suiTi of eio;hty-eio;ht dollars and fifty-

OXPGIISGS of A.. It. L- •/ CJ V

Pope." ' ' five cents be appropriated to the board of education, to
defray the expenses of Augustus R. Pope, an agent of the
board, who was employed by a misapprehension, after the
expiration of the law authorizing the employment of agents,
and that the governor draw his warrant accordingly. \^Ap-
]jroved May 14, 1857.]

Chttl) 59 Resolve on the Petition of Laura N. Gorham.

Authority to ap- Resolvecl, That for the reasons set forth in said petition,

pKnd eduoa- Laura N. Gorham, of Springfield, in the county of Hamp-

tion of minor dcu, guardian of William Henry Gorham and Josephine

Gorham, minor children of Joseph W. Gorham, late of said

Springfield, deceased, be, and she herel)y is authorized to

apply and appropriate to the suitable support and education

of said minor children, such portion of the estate of said

Joseph W. Gorham, either principal or income thereof,

which she now holds, either as legatee under the will of said

Joseph W. Gorham, or as guardian of said minor children.

May sell and con- as may be ucccssary and proper therefor, and to sell and

vey, &c. convey said estate or any part thereof ; she the said Laura

Bonds to be N, Gorliam first giving bond, with sufficient surety or sureties,

to be approved by the judge of probate for the county of

Hampden, conditioned faitlifully to apply the proceeds of

said estate in the manner and for the purposes set forth in

this resolve, and to account for tlie said proceeds and for

all moneys expended under the authority hereof, whenever

required by the jiidge of probate so to do. \_Approiied May

14, 1857.]

Chan. 60 I^k^oi-ve on the Petition of Francis T. Cordis, of Longmeadow, and
^ * ' others.

Authority to sell Rcsolved, For the reasons set forth in said petition, that
Boston! "* John J. Clarke, of Roxbury, in the county of Norfolk, the
surviving trustee under the will of Thomas Cordis, late of
Longmeadow, in the county of Hampden, deceased, be, and
he hereby is authorized and emj)Owered to sell, at public or
private sale, and on such terms and conditions as he shall
think proper, and to execute all necessary deeds and instru-
ments to convey in fee simple, or any less estate, to the pur-
chaser or purchasers thereof, free and discharged from all
trusts and claims arising under or by virtue of tlie will
aforesaid, and from all liability for the application of the
purchase money, any or all of the following described par-
cels of real estate, to wit: a parcel of land situated in that

1857.— Chapter 60. 683

part of the city of Boston called South Boston, with the
buildings thereon, and the privileges and appurtenances
thereto belonging, and the same conveyed to said Tliomas
Cordis by David Reed, by deed dated October twenty -first,
in the year eighteen hundred and thirty-five, and recorded
with Suffolk deeds, liber 897, folio 251 ; also another par-
cel of land in said South Boston, with the privileges and
appurtenances thereto belonging, bounded south-westerly by
Third Street, south-easterly by E Street, north-easterly jjy a
twenty feet passage-way, and north-westerly by land sup- ^

posed to belong now or formerly to one Cherrington ; also
another parcel of land in said South Boston, with the privi-
leges and appurtenances thereto belonging, bounded easterly
by Atlantic Street, southerly by land supposed to belong
now or formerly to Aaron Guild, westerly by National Street,
and northerly by land supposed to belong now or formerly
to Joseph W. Hayes ; also another parcel of land situated
in said South Boston, with the privileges and appurtenances
thereto belonging, bounded southerly by Second Street,
easterly by land supposed to belong now or formerly to
William Wright, northerly by Dove Street, and westerly ])y
land supposed to belong now or formerly to Samuel Nichol-
son ; also a tract or parcel of land, with the buildings thereon aiso in Long-
and the privileges and appurtenances thereto belonging, sit- """*""''•
uated in said Longmeadow, and bounded westerly by the
town road, northerly by land now or late of Dimond Chan-
dler in part, and in part by land now or late of the heirs of
R. S. Storrs, easterly by land now or late of the heirs of
said Storrs, southerly in part by land of W. G. Medlicott
and G. 0. Bliss, in part by land of Homer Merriam, in part
by land of W. T. Clement, and in part by land of G. 0.
Bliss, trustee ; and to invest and hold the net proceeds of
such sale or sales, during the lives of the four sons of the
said testator, in the same manner as is provided in said will,
and for the use and benefit of the same persons as the said
property itself, if it had not have been sold, would have been
holden under the provisions of said will ; and to pay over
the income received on said proceeds to the persons who
would have been entitled to the income and rents, and profits
of such real estate had there been no such sale or proceed-
ings as are hereby authorized : provided, that the said Clarke Trustee to give
shall first give satisfactory bond to the judge of probate for ''"'"'"
said county of Hampden, for the fixithful execution of the
power hereby conferred on him. [Appj-oved May 14, 1857.]
37

84 1857.— Chapters 61, 62, 63 64.

Chap. 61. Resolve to pay the Commissioners for the Consolidation of the General

Statutes of the Commonwealth.

^■u'Hoi°ser''i'ce'' Resolvcd, That there be allowed and paid to the Commis-
sioners appointed to consolidate and revise the statutes of
this Commonwealth, under the resolve of the sixteenth of
February, eighteen hundred and fifty-five, in part for their
services and expenses, the sum of six thousand dollars as
follows : to Joel Parker two thousand dollars ; to William
A. Richardson two thousand dollars ; to A. A. Richmond
^ two thousand dollars ; and the governor is authorized to

draw his warrant for the same. \_App7'oved May 14, 1857.]

Chap. 62. Eesolve in favor of Isaiah B. Young.

ylun" ^*^''^'' ^ Resolved, That there be allowed and paid out of the treas-
ury of the Commonwealth, to Isaiah B. Young, the sum of
seventy-five dollars, for services rendered the Commonwealth,
under the direction of the commissioners for erecting the
State Reform School Buildings, at Westborough, and that
the governor be authorized to draw his warrant accordingly.
^Approved Mmj 14, 1857.]

Chap. 63. Resolve on the Petition of John S. Holmes.

$207.20 to John Resolved, That for reasons set forth in said petition, there
fund of Charles bc allowcd and paid out of the fund of the Charles River and
feuVd'fes'''"" Warren Bridges, to John S. Holmes, of Boston, the sum of
two hundred and seven dollars and twenty cents ; and the
governor is hereby authorized to draw his warrant accord-
ingly. [^Approved May 15, 1857.]

Chap. 64. Resolve on the Petition of Levi Baker and others.

B^ife^ Jtestthe Resolved, That the sum of twenty-five hundred dollars
constitutionality bc, aud licrcby is appropriated from the treasury of the Com-
gfnia.''^'^ °^ ^"^" monwealth, to enable Levi Baker, of Yarmouth, to test before
the supreme court of the United States, the constitutionality
of an act of the legislature of the State of Virginia, passed
March seventeenth, one thousand eight hundred and fifty-six,
entitled, " An Act providing additional protection for the
Slave Property of Citizens." The said appropriation shall
be paid out in such sums, and at such times, as the expenses
incurred by said Levi Baker, for competent counsel and
other incidental expenses and costs, shall, in the judgment
of the attorney-general, render proper and expedient. And
it shall be the duty of the attorney-general to furnish, on
application therefor, his certificate for such amounts to the
governor. And the governor is hereby authorized to draw
warrants therefor, accordingly. \_Approved May 19, 1857.]

1857.— Chapter 65. 685

Resolve on the Petition of George Morey. Cliai). 65.

Resolved, That, for the reasons set forth in said petition, Authority to sen
George Morey, of Boston, in the connty of Suffolk, trustee esute."'"'''^ '"'''
under the last will and testament of Asa Richardson, late of
said Boston, merchant, deceased, or his successor in said
trust, be, and he hereby is authorized to sell and convey in
such manner, on such terms and for such prices as he shall
deem expedient, at public auction or private sale, the whole
or any part of the following described parcels of real estate,
viz. : a certain piece or parcel of land situate in the westerly
part of said Boston, bounded and described as follows, viz. :
westerly on North Russell Street, there measuring eighty
feet; southerly on land now or formerly of John D. Wil-
liams, William Simonds, and heirs of Edward Proctor, ninety
feet ; easterly on land now or formerly of James Ridgway
and Warren Pearce, eighty feet; and northerly by land now
or formerly of the heirs of Francis Whiston, ninety feet,
to the first mentioned bounds : also, a certain parcel of land,
with the brick dwelling-house' thereon standing, fronting
easterly on Leveret Street, in said Boston, there bounded
and measuring twenty feet ; northerly on house and land
now or late of Seth Taylor, there measuring sixty-five feet ;
westerly on land now or late of Uriah Getting, there meas-
uring eighteen feet ; southerly on house and land now or
late of William Horton, and on the strip of land hereafter
described, there measuring sixty-four feet : also, a strip of
land adjoining the north-west corner of said Horton's house,
bounded and measuring easterly on said Horton's house,
eight inches ; southerly on land of said Horton, eleven and
one-half feet ; Avcsterly on land of said Horton, eight inches ;
and northerly on land last above described, eleven and one-
half feet ; said premises being the same conveyed by Gharles
Mclntire to said Morey, trustee as aforesaid, by deed of mort-
gage, dated April fourth, eighteen hundred and thirty-five, ^
and recorded with Suffolk deeds, lib. 389, fol. 87, with all
the privileges, and subject to all the restrictions in said
mortgage deed set forth, the same having been foreclosed :
also, a certain lot of land, with the brick dwelling-house and
other buildings thereon, situate on Montgomery Place, in
said Boston, bounded and measuring as follows, viz. :
westerly on a line running through the centre of the parti-
tion wall between the estate hereby described and the estate
numbered " five " in the plan of S. P. Fuller, there measur-
ing fifty-six feet more or less ; northerly on a line running
through the middle of the partition Avail between the estate
hereby described and land now or late of one Thayer, twenty-

686 1857.— Chapter 66.

five feet more or loss ; and easterly on the lot numbered
" seven " on said plan, by a line running through the centre
of the partition wall, fifty-six feet more or less ; and southerly
on said Montgomery Place, there measuring twenty-five feet ;
being the same premises heretofore conveyed to said Rich-
ardson by deed of E. 11. Derby, dated August twentieth,
eighteen hundred and thirty-one, and recorded with Suffolk
deeds, lib. 354, fol. 121, with all the appurtenances, and
subject to all tlie restrictions in said deed set forth ; and to
make, execute and acknowledge such deeds thereof in fee
simple to the purchasers, as to said Morey or his successors
may seem expedient ; and the proceeds of the sale of said
estates shall be held by said Morey in his said capacity, or
his successors, upon the same trusts and for the same pur-
poses as said estate itself would have been held had it not
been sold and conveyed under the authority and in pursu-
Boniis to be aucc of tliis rcsolvc : provided^ hoivever, that previously to
^'^''"' any sale, the said Morey shall give bonds to the satisfaction

of the judge of probate,_for the county of Suffolk, for his acts
and doings in the premises, and to account for and dispose
of the proceeds of the sale of said real estate, if the bond
already given by said Morey is not, in the opinion of said
judge of probate, sufficient for the performance of said trust.
'[Approved May 20, 1857.]

Cluw. G(j. Resolve on the Petition of Thomas J. Fletcher and others, Indians of
^ ' ' Herring Pond.

scth Miller, Jr., Resohwd, That Seth Miller, Jr., of Wareham, and Charles
t^n, commisffo"- Marstou, of Bamstable, be, and they are hereby appointed
7m\ letue'eiaims commissioucrs to examine, and fully and finally to deter-
to lands, &c. mine, all titles and claims to certain tracts of land located
in the county of Plymouth, and claimed by the petitioners ;
and they, the said commissioners, are hereby authorized and
empowered to compromise, adjust, and fully and finally to
settle, justly and equitably, and as the interest of the Com-
monwealth, of the petitioners, and all other parties may
require, all the matters, claims, and controversies now exist-
ing, growing out of, or in connection with, the possession of
the aforesaid lands ; and they may use such means as may
be necessary to collect all desired information in relation to
Resolve and no- tlic mattcr. Aud tlic Said commissioners shall cause this
bcpubiished"&c'! resolve to be published in the " Namasket Gazette" news-
paper, on two different days, and at least fourteen days prior
to a day duly specified and appointed, upon which all parties
interested may have a fair and impartial hearing. And with
this resolve, the said commissioners shall publish a notice of

1857.— Chapters 67, 68. 687

such hearing, designating the time and phice appointed

therefor. And the said commissioners shall make a report if'-pw-t to be

,,,.,. , , . , . '^ . matle to governor

ot their domgs to the governor and council, ana receive andeouncu.
such compensation for their services as the governor and
council shall deem reasonable, not exceeding two hundred
dollars ; and a warrant may be drawn accordingly. [Ap-
proved May 21, 1857.]

Resolve on the Petition of William B. Richards and others, for con- ClKip. 67.
finnation of Partition of Real Estate.

Resolved, For the reasons set forth in said jietition, that J|,''urrc°o*^afirm^^^^^
the decree of the judge of ])robate, for the county of iSutlblk,
dated on the seventh day of April, in the year of our Lord
eighteen hundred and fifty-six, by which the report of the
committee appointed by the proliate court, to make partition
of the real estate of Reuben Richards, deceased, be, and the
same is hereby ratified and confirmed. [Approved Maij 23,
1857.]

Resolves for the pay of Members of the Execntive Council, and of the C/ldi). 68.
Legislature and its Officers.

Resolved, That there be paid, out of the treasury of this $3 per day, to

' i ' 111? t'3<^" member,

Commonwealth, to each member of the senate and house oi ami traveiung

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 to the president of the senate and speaker of the house *3 per day extra

of representatives, each, the sum of three dollars per day, sena'trandspeak-

for each and every day's attendance, in addition to their pay ^^^ of house.

as members ; and that warrants be drawn accordingly.

Resolved, That there be allowed and paid, out of the .fio 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 m per day to as-
senate and to the assistant-clerk of the house of representa- distant-clerks.
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 the same sum per compensation for
day as is herein provided for those officers, for such further ^ents^.""" '^'"'"
time as they may be employed, not exceeding twelve days

688

1857.— CHAriERs 69, 70.

after the rising of the general court, in arranging the papers
$300 to each and documents of the session ; and that there be further
cate ' copiM"''of paid, to thc clerk of the senate and to the clerk of the house
journal, &c. ^^ 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. [Approved

May 23, 1857.]

Chap. 69.

8fll4.75 to A. S.
Haven, as quar-
ter-master, &c.

Resolve on the Petition of A. S. Haven.

Resolved, For reasons set forth in said petition, that there
be allowed and paid out of the treasury, to A. S. Haven, as
quai-tcr-master of the twelfth regiment Massachusetts Vol-
unteer Militia, the sum of one hundred and fourteen dollars
and seventy-five cents ; and the governor is hereby author-
ized to draw his warrant accordingly. [Approved May IZ,
1857.]

Chaj). 70.

Commissioners
authorized to
sell, &c.

Proceeds subject
to commissioners'
order.

Commissioners
may proceed to
fill up, &c.

Proviso.

Resolves concerning the Back Bay.

Resolved, That the' commissioners on the Back Bay be
authorized to sell, upon such terms and conditions as they
shall think fit, and convey by deed, with warranty or other-
wise, to be duly executed by them in behalf of the Common-
wealth and approved by the governor, any or all the lands
in the Back Bay belonging to the Commonwealth, for money,
or such other valuable consideration as they shall deem just
and for the advantage of the Commonwealth.

Resolved, All money received as the proceeds of such
sales, shall be paid into the treasury of the Commonwealth ;
and the governor may, from time to time, draw his warrant
on the treasury, payable to the order of the commissioners,
for so much of said proceeds of sale as the commissioners
may require for the purposes named in these resolves : pro-
vided, that the amount so drawn shall in no event exceed
one-half the amount paid in from the said sales of the Com-
monwealth's lands ; nor shall said commissioners, in any
event, incur debts or liabilities in prosecuting the enterprise
exceeding the half of said amount. With the money so
obtained, the commissioners may proceed to fill up said land
belonging to the Commonwealth, with good and solid earth
and clean gravel, to lay out and complete the streets, squares
and walks which they may deem expedient, and to construct
such drains and common sewers as they may find necessary
for the public health and for the interests of the Common-
wealth : provided, however, that no part of the land the
title of which is now in litigation with the city of Roxbury,

1857.— Chapter 71. 689

before the supreme judicial court, shall be filled until the
title to the same shall be decided in favor of the Common-
wealth. [Approved May 26, 1857.]

Resolves respecting Hayti and Liberia. Chap. 71.

Whereas, There is a great, profitable and increasing trade Reasons why the
between the United States and Hayti, amounting, in the ii,iyTand"''Libe-
year eighteen hundred and fifty-six, to more than four and a re^J^ognS'^ '"'
half millions of dollars, employing eighty-seven thousand
five hundred and ninety-eight tons of American shipping,
navigated by three thousand six hundred and four American
seamen, and seventeen thousand four hundred and thirty-
one tons of foreign shipping ; — and

Whereas, In the absence of a commercial treaty between
the United States and Hayti, the commerce between the two
countries is governed on the part of Hayti by such local
laws as may, from time to time, be decreed, subject to sud-
den changes, and dependent on the caprice of an aljsolute
monarch ; — and

Whereas, Full one-half of the foreign trade of Hayti is
with the United States, furnishing a ready market for our
fish, pork, beef, flour, rice, furniture, cotton goods, and is
every year becoming more important and more necessary to
both countries ; — and

Whereas, Hayti has been, de facto, an independent state
since January, eighteen hundred and one, by a declaration
of her independence, and dejure, since July eighteen hundred
and twenty-five, by the recognition of Prance under Charles
the Tenth, which independence has since been confirmed by
treaties passed and ratified between the governments of
France and Hayti ; — and

Whereas, Hayti has given proof of her abilit}'' to maintain
her independence by successful elTorts against the armies of
several European nations, and has adopted and sustained a
regular government, and has caused her neutrality to be
respected by lielligerents ; — and

Whereas, Hayti has the attributes of a sovereign state,
and as such has been recognized by Great Britain, and by
several powers of continental Europe, who are duly repre-
sented in Hayti, conformably to the comity of nations ; —
and

Whereas, The people of Liberia, by their history and
position, and by the efibrts they are now making to improve
their social, intellectual and religious character, have strong
claims iipon the sympathy of all civilized and Christian
powers, especially of the United States ; — and

690 1857.— CHArTERs 72, 73.

Whereas, The Republic of Liberia is an independent
nation, possessed of the materials of a profitable commerce,
and is capable by its position of contributing to that great
object of humanity, the sujipression of the slave-trade, and
to the general interests of civilization and freedom and
religion in Africa ; therefore,
Senators and rep- RcsoIved, That our scuators and representatives at Wash-

resentatives lu , i n i i / n 7

congress request- ington bc, and hcrcby arc, requested to urge upon congress
ed, &c. ^^^^ importance of recognizing Hayti and Liberia as inde-

pendent and sovereign states, and of placing our diplomatic
and commercial relations with them on the same footing as
those Avith other independent nations.
Copies to be Resolved. That his excellency the governor be, and hereby

transmitted. . j j j. • i« i1 ^ \ \ t.

IS, requested to cause copies oi these resolves to be trans-
mitted to each of our senators and representatives in congress.
\^Approved May 2G, 1857.]

Chap. 72. Resolve concerning Repairs and Furniture for the Slate House.
$5,543.12 for re- Rcsolved, That thcrc bc allowed and paid, out of the
[ure" ^oi' ^state trcasury of the Commonwealth, to the serge an t-at-arms, the
house. g^ijji of five thousand, five hundred and forty-three dollars

and twelve cents, beiiig the amount of outstanding bills for
repairs and furniture for the state house, contracted during
the years eighteen hundred and fifty-five and eighteen hun-
dred and fifty-six, and that the governor be authorized to
draw his warrant accordingly. [^A2)proved May 26, 1857.]

Chap. 73. Resolve on the Petition of Francis P. H. Rogers, and Kate E. Rogers,
^ * * his Wife.

Authority to sell Rcsolved, For reasons set forth in said petition, that Fran-
cis P. H. Rogers, and Kate E. Rogers, his wife, a minor,
are hereby authorized to sell at public auction or private
sale, and to execute all necessary deeds and instruments to
convey to the purchasers thereof, in fee simple, all the estate,
right, title, and interest of the said Kate E. Rogers, in all
the real estate situate in the town of Marlborough, in the
county of Middlesex, inherited by her as one of the heirs of
her late father. Freeman Howe, of said Marlborough : pro-

Bonds to T.0 vided, Iiowever, that the said Francis shall first give bond,
with good and sufficient surety or sureties, to the judge of
probate for the county of Middlesex, to be approved by said
judge, with condition that the said Francis shall faithfully
execute the power herein granted, and shall apply such
portion of moneys received from sales made under this
resolve, as may })e suitable and necessary towards the sup-
port of the said Kate during her minority ; and shall pay

real estate.

given.

1857.— CiiArTERs 74, 75, 76. 691

over to lier the balance remaining on her attaining the age
of twenty-one years, and in case of her death before she
shall have attained the age of twenty-one, then to pay all
such balance remaining in his hands to her legal heirs
according to tlie laws of this Commonwealth. [Approved
May 26,1857.]

Resolve in relation to tbe Will of Joseph Hurd, deceased. Chap. 74.

Resolved, That the attorney-general of the Common- Auomey-generai
wealth be, and he hereby is, directed to appear before tlie before'' "probate
probate conrt for the connty of Middlesex, and take such '"""'"t, &c.
measures in relation to the probate of the will of Joseph
Hurd, late of Maiden, deceased, as in his judgment will
promote the interests of the Commonwealth. [Approved
May 26, 1857.]

Resolve in favor of the State Almslioiise at Tewksbiiry. CflOJ^. io.

Resolved, That the inspectors of tlie state almshouse at inspectors au-
Tewksbury, be authorized and instructed to advertise for tract for appa-
proposals to construct or complete the apparatus for heating
said almshouse, by steam or otherwise, and to make a con-
tract for the same, in behalf of the State ; the contract to
be given to the person or persons making the lowest and
most satisfactory proposals : provided, that the whole expense Proviso.
of such apparatus shall not exceed the sum of twenty-five
hundred dollars ; and the person or persons taking tlic con-
tract, shall and will, give a good bond conditioned that ho,
or they, will faithfully perform the said contract, and that
said apparatus, when done, shall heat said almshouse to the
satisfaction of said inspectors. The governor is hereby
authorized to draw his warrant accordingly. [Approved
May 26, 1857.]

Resolves concerning the State Normal Schools. Chap. 76.

Resolved, That the sum of four hundred and twenty-five ^'^i various pur-
dollars be appropriated to defray the expenses of painting school at nridge-
the outside of the normal school-house at Bridgewatcr ; Qf ^^■'■'^•■'''^^25;
procuring a new furnace, and of increasing the library and
apparatus connected with said school.

Resolved, That the sum of three hundred and twenty-five f""" f'" pc'jwi at

Till' • i. -\ C i'i c • • i.- Westtteia, $335.

dollars be appropriated lor the purpose oi paying existing
del)ts, of increasing the library and apparatus of the normal
school at Westfield, and of making certain repairs upon the
school-house, and improvements of the grounds al)out the
same.

692 1857.— Chapters 77, 78, 79, 80.

for the school at Resolvcd^ That the sum of seven hundred dollars be

^i_amingiam appropriated for the normal school at Framingham ; six
hundred dollars to pay the debt already incurred, and one
hundred dollars to increase the library and apparatus con-
nected with said school.

for the school at RcsolvcfL That tlic suui of two liuudrcd dollars be appro-
priated ior the purpose or increasing the library and appa-
ratus connected with the normal school at Salem.

to be disbursed ResolvcfL That the sums apijropriated as aforesaid shall

under direction of ' .l^i !• i i t c i

board of educa- bc disuurscd uudcr the direction or the board oi education ;
and the governor is hereby authorized to draw his warrant
for the sums above appropriated. \^ Approved May 27,
1857.]

Chap. 11. Resolve in favor of the Town of Chilmark.

townofchuinark' Resolved, That, for reasons set forth in the petition of
the town of Chilmark, there be allowed and paid, out of the
treasury of the Commonwealth, to the petitioners, the sum
of twenty-nine dollars and nine cents ; and the governor is
hereby authorized to draw his warrant accordingly. [Ap-
proved May 27, 1857.]

Chap. 78. Resol^'e in favor of the. Commissioners on the State House.

*Ms°^u^^oD°''and Resolved, That there be allowed and paid, out of the
furniture in the trcasury of tlic Commouwcalth, to the commissioners on
tlie state house, the sum of five thousand seven hundred
and three dollars and eighty-one cents, to he expended by
said commissioners, in the liquidation of bills already
incurred or to be incurred, during the present political year,
for repairs upon, and furniture in, the state house ; and the
governor is hereby authorized to draw his warrant for the
same. [Approved May 27, 1857.]

Chap. 79. Resolve in favor of S. Shumway.

$59.75 to s. Resolved, That there be allowed and paid, out of the

pursuillg^crimi^ trcasuiy of the Commonwealth, to S. Hhumway, the sum of

^^^^- tifty-niiie dollars and seventy-five cents, for expenses incurred

by him in pursuing John Gleason and Patrick Burk, jr.,

cliargcd with the crime of murder, and that the governor be

authorized to draw his warrant accordingly. [Approved

May 27, 1857.]

Chap. 80. Resolves in favor of the Dudley Indians.

Indians required Resolved, That for tlic purposo of insuring a more pru-
setoff foTthem'^' ^eiit aud ecouomical support of the Dudley Indians, the
guardian require all of said Indians claiming support of this

1857.— Chapters 81, 82. 693

Commonwealth, to reside upon the land set apart for their
use, and under his immediate supervision.

Resolved., That the guardian of the Dudley Indians cause Theiaioana dis-
to be removed to the state almshouse, such of said Indians to " state ^\im°-
as are leading an idle, vicious and dissolute life. hmi^^.

Resolved, That it is the dutv of said guardian to endeavor industry, &c., to

' 1 1 • P • 1 1 1 '^^ inculcated.

to mculcate and promote lial)its ot industry antl good morals
among said Indians, and to aid them, as far as possilde, in
all proper cflforts in obtaining means of support.

Resolved, That the sum of three thousand dollars be, wo for houses
and the same is, hereby appropriated tor the building and
repairing of houses for the Dudley Indians, and for con-
structing a road to their premises ; and that the selectmen
of the town of Webster be authorized to expend such amount
for the purposes specified in this resolve ; and the governor
is hereby authorized to draw his warrant accordingly. \^Ap- *

proved May 29, 1857.]

Rksolve in fiivor of B. B. Chandler. iyflClp. ol.

Resolved, That, for reasons set forth in the petition of B. chamiic? ^'
B. Chandler, of Webster, there be allowed and paid, out of
the treasury of the Commonwealth, to the petitioner, the
sum of thirty dollars, and that the governor be authorized
to draw his warrant accordingly. [^Approved May 29,
1857.]

Resolves in relation to the State Map. Chap. 82.

Resolved, That the amount of money to be allowed and Limitation of the

„ ■, t» i^ • r^ ■^,^ • ox|)onditure on

paid out 01 the treasury ot this Commonwealth, m payment i>iaf<s of tiie
for corrections of the plates of the state map, under the acts "^ ■'''''"'^''•
of one thousand eight hundred and forty-six, chapter two
hundred and forty-one, shall not exceed six hundred dollars
dnriiig the present year ; and hereafter not more than one
hundred dollars shall be allowed and paid for the preserva-
tion and correction of the map in any one year ; and his
excellency the governor is hereby authorized to draw his
warrants accordingly.

Resolved, That the state map, when corrected during the m-'p to be copj-

1 11 1 • 1 .- 1 1 i-l i • righted anew.

present year, shall be copy-rightcd anew by the secretary, in
the name of the Commonwealth, and shall again and always
be copy-righted anew in the name of the Commonwealth,
whenever any material alterations, corrections and improve-
ments, are made therein.

Resolved, That so much of the Resolves of one thousand r»r''i' 'fpeai-
eight hundred and fifty-two, chapter thirty-nine, as authorizes

69-i 1857.— Chapters 83, 84, 85.

any expenditure from the treasury of the Commonwealth,
for corrections and alterations of the state map, except
what is authorized by the first of these resolves, and so much
of said chapter thirty-nine as limits to five dollars the price
to be charged for the map, is hereby repealed : provided.

Proviso. /toivever, that the suj^erintendent of the state map sliall

furnish as many copies of the map as may be required by
any officer of the government for public purposes, at a price

Additional pro- not excceding fivc dollars cacli ; and provided, further, that
the contract with the superintendent may, at any time, be
terminated, when ordered by the legislature, as is provided in
said chapter thirty-nine. {^Approved May 29, 1857.]

(Jhap. 83. Resolve i)i*oviding for tlie Publication and Distribution of Professor

PEtchcock's Geological Report.

Report to be pub- Rssolved, That Professor Hitchcock's Geological Report

rection of library ou tlic Saudstouc of tlic Counecticut Valley, with drawings

committee. ^^^ maps connectcd therewith, be printed, under the direc-

iiow distributed ^^^'^ °^ ^^^^ committce of the library ; that a sufficient number

be printed, and one copy furnished to each member of the

executive and legislative departments of the government for

the present political year, and one copy to each town and

city in the Commonwealth. [Approved 31a// 29, 1857.]

C'/uii) 81. Resolve concerning the Preservation of Cape Cod Harbor.

Committee of ex- Resolved, That his excellency the governor, witli the
advice and consent of the council, be requested and emjiow-
ered to appoint a committee to examine Cape Cod Harbor,
particularly the eastern portion thereof, with reference to
the plan of constructing, by means of an aj^propriation by
congress, a pier or solid wall from Beach Point, in Truro, to
the opposite beach at the mouth of East Harbor, so called ;
K.iKineer to i,e ^iid that lus exccllency the governor be forthwith empowered
empic.jcd, &e. ^q cuiploy, uudcr the direction of said committee, a compe-
tent engineer to make a survey and estimate of said struc-
ture, and its probable effects as a protection to said harbor,
in order that a report thereon may be made at the session of
the next general court. [Approved May 29, 1857.]

C'/ifin 85 Resolve in addition to the Resolves in favor of Normal Schools and
J^' ' School Agents, passed the second day of May, in the year eighteen

hundred and fifty-five.

Annual appropri- Resolved, That thc sum of thirteen thousand dollars

Isoo. '""■'"''"''^ appropriated to support the four state normal schools in the

Commonwealth, in the resolves passed the second day of

May, in the year eighteen hundred and fifty-five, be increased

aminatiou au-
thorized

1857.— Chapters 86, 87. 695

five luindred dollars ; two liiindred dollars to be added to
the salary of the first assistant-teacher in the normal school
at Bridgewater, and three hundred dollars as a salary for a
third assistant-teacher in the normal school in Westfield ;
and the governor is authorized to draw his warrant for five
hundred dollars. [Approved May 29, 1857.]

Resolve in relation to the State Printing. Chdl). H(^

Reso/vcd, That the secretary, treasurer, and auditor of uwcst rcsponsi-
this Commonwealth, together with the clerk of the senate SacT '"'''"''
and the clerk of tlie house of rei)resentatives, shall l)e and
hereby are authorized to advertise for ])roi)osals to do the
state printing for five years ; and to contract with the party or
parties who will agree to do said printing at the lowest rates :
provided, that in their opinion said party or parties are respon-
sible, and will execute the same in a faitliful and satisfactory
manner. \n any such contract, the rates to l)e paid for com- compensation.
position and ])ress-work shall be fixed at such sums as shall
give a fair and rcasonaldc compensation to the contractor or
contractors, and shall allow all persons in his or their employ
to receive the usual rates of compensation for their respec-
tive services. It shall be stipulated, that the paper shall be Paper to be fur-
furnished at cost without bonus, allowance or commission to '"'^ "'' '^ ''"'' '
any person whatever. The quality of the paper and i»rinting Quality of paper,
and the style of the work must be equal to that heretofore «*y"'"t"^^°'-'^.&<^-
furnished by the present state printer. Bonds satisfactory Bonds to be
to the treasurer of the Commonwealth, to the amount of ten ^"^'^'
thousand dollars, shall be given by the party or parties
undertaking the printing, for the faithful execution of the
contract. The other provisions of the contract shall be such Discretionary
as shall seem best to the secretary, treasurer, auditor, and ''"cretaryT'^tilas"
clerks aforesaid, and they arc hereby authorized, from time "^*""' ^''•
time to time, to take such measures as they shall think fit,
to ensure its faithful execution. Before any contract, made contract to heap-
by the authority of tliis resolve, is signed on behalf of the uey-geuemi*
Commonwealth, it shall be api)roved l)y the attorney-general.
[Approved May 30, 1857.]

Resolve in favor of the State Prison. Chap. 87.

Resolved^ That there be allowed and paid out of the treas- *3i» to repieuisu
ury of the Commonwealth the sum of three hundred dollars
to replenish the library of said prison, for binding and for
printing a catalogue of said library, to be expended under
the direction of the warden, and that the governor be author-
ized to draw his warrant accordingly. [Approved May 30,
1857.]

library-

696 Chapters 88, 89.

Chcin, 88. Resolves in relation to the State Prison,

uaraen and in- Resoliwd, That tliG warcleii and inspectors of the state
iiMi 'to* se^u reli pi'isoii bc, aiicl hereby are, authorized and empowered, by
estate; r^j^^j with the advice and consent of the governor and council,

to sell and convey a part of the lands lying south of the
jn-ison, in Charlestown, now belonging to the Commonwealth,
to wit : beginning at the south-west corner of the prison
wharf, at its junction with the lands of the Boston and Maine
Railroad Company ; thence running south-easterly, about
four hundred and fifty feet ; thence running easterly, about
eighty-two feet, on land of Fitchburg Railroad Company, to
Austin Street ; thence north-easterly on said Austin Street,
one hundred and forty feet ; thence in a straight line, west-
erly, about four hundred and ninety feet, to the edge of the
wharf; thence south-westerly, one hundred and ton feet, to
tlie point of beginning, — with all the rights and appurte-
nances thereto belonging, but subject to such restrictions
and limitations as said jvarden and inspectors shall deem to
also, a right of bc esscutial to tlic intcrcsts of the prison. Said warden and
inspectors are also authorized to sell and convey a right of
way, not exceeding twenty-five feet in width, on the north-
easterly side of the lands hereinbefore described.
Proceeds, how aj.- RcsulvecL That Said warden and inspectors arc hereby

in'Opriated. ji • t n i i i i i • /•

authorized and empowered to remodel the lower stories oi
the hospital building, and extend the same, and to construct
twenty cells therein ; and for the construction and full com-
pletion of said work, to expend not exceeding twenty thou-
sand dollars : jjrovided, that no part of said work shall be
commenced or contracted for, except from the proceeds of
the land herein authorized to be sold.

Resolved, That said warden and inspectors arc hereby
authorized and empowered to pay, out of the proceeds of said
lands, an outstanding claim against the prison, of eight
thousand dollars, and also a further sum, not exceeding one
thousand dollars, for a proposed alteration in the guard-room
of the prison, and also to appropriate twenty-eight hundred
dollars, to meet an existing deficiency in the expenses of the
prison ; and the balance of the proceeds of said land shall bo
paid into the treasury of the Commonwealth. [Approved
May 30, 1857.]

Chap. 89. Resolve relating to the Estate of Abraham Russell.

Estate to be dis- W/icTeas, Abraham Russell, late of Dartmouth, in the
the heirs of Ruth couuty of Bristol, died intestate, leaving no next of kin
Russell. surviving him legally entitled to inherit his estate, which

thereby escheats to the Commonwealth ; for the reasons set

1857.— Chapters 90, 91, 92. 697

forth in the petition of Allen Ilowland and others, the next
of kin of Enth Russell, the mother of said Abraham Rus-
sell:

Resolved^ The public administrator for the county of
Bristol, to whom has been committed the administration of
said estate, be and he is hereby authorized and required,
after paying all just claims against said estate and all ex-
penses incurred in the settlement of the same, and arising
out of said petition, to distribute, the net proceeds of said
estate in equal proportions, j^cf capita, to and among the
next of kin of the said Ruth Russell, resident in this Com-
monwealth, who shall, on or before the first day of January
next, establish to the satisfaction of said administrator,
subject to the approval of the judge of probate of said
county of Bristol, their relationship as next of kin to the
said Ruth Russell. [Approved May 30, 1857.]

Resolve relative to the Registration Reports. CJlCfjJ. 90

Resolved, That the secretary of the Commonwealth be, completion of in-
and is hereby, directed to complete the indexes to the vol- '^''''<''o>"'i<"'«^'i-
umes containing the registration returns of the Common-
wealth, to the present year, according to the provisions of
chapter two hundred and two, section five, of the Acts of
eighteen hundred and forty-nine ; and tliat he cause said p™© not to ex-
indexes to be completed at a price not exceeding twenty a page.
cents a page, and that warrants be drawn accordingly.
[Approved May 30, 1857.]

Resolve for the pay of the Chaplain of the House of Representatives. C/UIJ). 91.

Resolved, That there be allowed and paid out of the ■^^efeyeiand^"'"'
treasury of the Commonwealth, to Rev. John P. Cleveland,
of Lowell, the sum of fifty dollars, for his services as chap-
lain of the house of representatives, during the present ses-
sion, and that a warrant l)e drawn accordingly. [Approved
May 30, 1857.]

Resolve concerning the State Cabinet. • Chap. 92.

Resolved, That the commissioners on the state liouse be, Rooms to he fur-

' ^ niishptl for proo-

and they are hereby authorized to furnish the rooms of the logical and miu-
secretary of the board of agriculture, in a manner suitable ^'^^^^"'^ '''^"'^*'
to receive the state geological and mineralogical caltinet,
and other specimens contributed to the state agricultural
museum, designed to illustuatc the past and present condi-
tions of the agriculture of tlie Commonwealth, at an ex- Expense not to
pense not exceeding two thousand dollars ; and the governor '^'^^'^'^ *2,ooo.
is hereby authorized to draw his warrant for the same.
[Approved May 30, 1857.]

ated

698 1857.— Chapters 93, 94, 95, 96.

Chap. 93. Resolve in favor of the State Lunatic Hospital at Taunton.

$5,000 appiopii- Resolved, That the stim of five thousand doUai-s be an-

of O.I ^ ' 1 t% ^

propi'iated out of the treasury of the Commonwealth for the
purpose of liquidating the existing debt against the state
lunatic hospital at Taunton, and that the governor l)e au-
thorized to draw his warrant accordingly. \^Approved May
30, 1857.]

Chap. 94. Resolvk in favor of the State Almshouse at Bridgewater.

s2,5oo for venti- Resoliwd, That there be appropriated and paid out of the
pTOvemen"s. "" trcasury of the Commonwealth, the sum of twenty-five lum-
dred dollars, for tlie purpose of ventilation and improvements
at the state almshouse at Bridgewater, and tliat the governor
be authorized to draw his warrant accordingly. [Approved
May 30, 1857.]

Chav. 95. Resolves concerning Commissioners.

Daily record to be Rcsolvcd, That all commissioners, acting under and l)y
^^ ' virtue of authority derived from the legislature of this Com-

monwealtli, to whom a per </iewi compensation is given, shall
)je required to keep a full record of each day's official trans-
actions, and of their travel, where travel fees are allowed ;

Transcript to j^j^^i a trauscript of said record shall be furnished to the

counts. auditor of tlie Commonwealth, to be filed in his office, when-

ever the accounts of such commissioner or commissioners
are presented for payment.

Compensation to Resolved, That all acts or resolves, authorizino- any com-

be stated . . . . o J

mission, shall state and limit the amotmt of the compensa-
tion, whether Ijy the day or in gross, to be paid and received
for the services performed under and by virtue of such com-
mission ; and no compensation shall in any case be paid
unless it is so stated and limited.
Commissioners Resolved, That tlic commissioucrs appointed by, or in

discliarireil i i «/ ^

pursuance of the four hundred and fifty-first chapter of the
Acts of the year eighteen hundred and fifty-four, are hereby
discharged from and after the passage of these resolves.
[Approved May 30, 1857.]

Chop. 96. Rksolve authorizing the Treasurer to borrow Money in anticipation of

the State Tax.

Treasurer may Reso/ved, That tlic trcasTircr be authorized to borrow, in

borrow $800,000. 4.--4.-r+1i-i.j_ i p i

anticipation ot the state tax, such sums of money as may he
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 sufficient

1857.— Chapters 97, 98, 99, 100. 699

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 eight hundred
thousand dollars. [Approved May 30, 1857.]

Resolve relating to Amendments of the Constitution. Chap. 97.

Resolved, That all amendments to the constitution of Amenaments to
this Commonwealth, which have been or shall be originated '"'"^' '
and agreed to by this legislature, in the manner prescribed
in the constitution, be engrossed on parchment, signed by
the presiding officers of the two branches, attested by the
clerks of the same, and deposited in the office of the sec-
retary of the Commonwealth ; and that the same be pub-
lished, in the official volume of Acts and Resolves, by the
secretary of the Commonwealth. [Ajjproved May 30, 1857.]

Resolve in aid of the State Lunatic Hospital at Northampton. Chat). 98.

Resolved, That the sum of thirty-five thousand dollars be, «35,oooai)propn-
and the same is hereby appropriated for the purpose of fur-
nishing and providing for the occupancy of the state lunatic
hospital at Northampton, to be expended under' the author-
ity of the trustees, provided in chapter two hundred and
forty-seven of the acts of the year one thousand eight hun-
dred and fifty-six, and that the governor draw his warrant
accordingly. [Approved May 30, 1857.]

Resolve concerning Notes given by the Treasurer. Clldp. 99.

Resolved, That all notes which may hereafter be given by Notes to be signed
the treasurer of the Commonwealth, for money borrowed in Jount°e^signea"by
anticipation of the revenue, and for the payment of the treasurer aud au-
ordinary demands upon the treasury, or for any other pur-
pose, shall be signed by the governor and countersigned by
the treasurer and auditor of the Commonwealth ; and no
note shall be valid, until so signed and countersigned. [Ap-
proved May 30, 1857.]

Resolve in favor of Samuel H. Jenks. Chctp. 100

Resolved, Tliat Samuel H. Jenks be allowed the sum of $511 allowed for
five hundred and eleven dollars and seventy-five cents, in full X'S',Tc'!''"'^''
for his services in making an abstract of the insurance
returns, and other duties connected therewith, between the
first day of October, eighteen liundrcd and fifty-five, and the
first day of March, eigliteen hundred and fifty-six ; and his
excellency the governor is hereby authorized to draw his
warrant accordingly. [Approved May 30, 1857.]

700 1857.— Chapters 101, 102, 103, 104.

Chap, 101 RfesoLVE in addition to a "Resolve concerning the Colony Records of

New Plymouth and Massachusetts."

ame°nded°^ ^^^'^ R^^olved, That SO iTiiicli of tliG " RcsolvG concerning the
Colony Records of New Plymouth and Massachusetts,"
approved March twenty-fourth, eighteen hundred and fifty-
five, as authorizes the printing of the six volumes of deeds,
the four volumes of wills and inventories, and the one volume
of Indian deeds, be, and the same is, so far amended as to
authorize the printing of the first volume of deeds, and the
volume of Indian deeds, only. \^Approved May 30, 1857.]

Chap. 102 Resolve in favor of the Towns of New Salem and of Lee.

New Salem and Resoliwcl, That thc sccrctary of the Commonwealtli be
with Law Reports, autliorizcd and directed to provide the towns of New Salem
&'c'rand''''state a^d of Loc, cacli, wltli complete sets of the Massachusetts
^'''p- Reports, Pickering's Reports, Metcalf's Reports, Cushing's

Reports and Gray's Reports ; also with one copy of the
Revised Statutes, and copies of such general and special
laws Qf the Commonwealth, as he may have in his office ;
and also with a copy of the State Map. And the secretary is
authorized to purchase such of tlie reports aforesaid as may
be necessary to carry into eff'ect this resolve ; and the gov-
ernor is authorized to draw his warrant for the necessary
amount accordingly. \_Approved May 30, 1857.]

Chap. 103 Resolve in favor of the Board of Insurance Commissioners.

$300 allowed for Rcsolved, That the sum of three hundred dollars be and
peuses^''" "'' is licrcby appropriated, out of thc treasury of the Common-
wealth, for the payment of contingent office expenses of the
board of insurance commissioners for the current year, and
the governor is authorized to draw his warrant accordingly.
\_Approved May 30, 1857.]

Chap. 104 Resolve to publish the Act relating to applications to the General Court.

Act to be pub- Resolved, That the secretary of the Commonwealth be,

newspapers Tn aud hcrcby Is, rcqulrcd, as soon after the adjournment of the

eacu county. general court as practicable, to procure the publication, for

four weeks siiccessively, of the " Act relating to applications

to the General Court," in such newspapers, not exceeding

two, printed in each county in the Commonwealth, as he

shall designate ; and tliat tlie governor draw his warrants

accordingly. [Approved May 30, 1857.]

1857.— Chapters 105, 106, 107. 701

Resolve concerning the Documents and Pajiers of the Senate. Choi) 105

Resolved^ Tliat the clerk of the senate cause to be pre- catalogue, ab-
pared under his supervision, a catalogue, abstract and index deTof^L^uite
of the senate papers now on file, from the year seventeen p'^p^'^'s *" "^e
hundred and eighty to eighteen hundred and fifty-six, inclu- '"^^^'^'^'^ '
sive, upon the same plan as that of the catalogue, abstract
and index of the house pajiers, now in course of prepara-
tion : provided, that the work shall be completed within the rioviso.
I3resent year, and that the whole expense of the same shall
not exceed twenty-five hundred dollars, to be paid on the
completion of the work ; and the governor is authorized to
draw his Avarrant for the payment of the same. [Approved
May 30, 1857.]

Resolve concerning the General Index of Senate Journals. Chtt}). 106

Resolved, That there be allowed and paid, to the clerk *250forinae.xiDg
of the senate, the sum of two hundred and fifty dollars, in ^'"•'^*«J°«™'^i-
full compensation for completing the general index of the
journals of the senate, and a duplicate copy thereof for the
state library ; and the governor is hereby authorized to draw
his warrant for the sum when the duplicate copy aforesaid
shall have been so completed and deposited. [Approved
Blay 30, 1857.]

Resolves concerning the Colony Records of New Plymouth and Mas- C/lCtp. 107

sachusetts.

Resolved, That so much of the nineteentli chapter of the Provision for ais-
resolves of the year A. D. eiglitecn hundred and fifty-five, ony iiccoros iV-
" Concerning the Colony Records of New Plymouth and p^"'""*-
Massachusetts," as provides for the distribution of one copy
of said records, when printed, to each member of the execu-
tive council, for that political year, the senate and house of
representatives, and the clerks and chaplains of the two
branches, the scrgeant-at-arms and his officers, and the
reporters of the two branches, be, and the same is, hereby
repealed.

Resolved, Tliat the secretary of the Commonwealth cause oqc copy to each
one copy of each volume of the Colony Records of New " ^ "^"^
Plymouth, when printed, to be delivered to each city and
town in the Commonwealth, for the use of said city and
town ; and that such volumes of said records, and of the Balance to remain
Records of Massachusetts, as shall not be distributed by vir- rctary!""^^
tue of said resolves of eighteen hundred and fifty-five, as
herehibefore amended, shall remain in the custody of the
secretary of the Commonwealth, until otherwise provided
by law. [Approved May 30, 1857.]

702 1857.— Chapter 108.

Chap. 108 Resolve concerning Idiotic Children.

Annual appropri- Resolvecl, That tliG Slim paid out of the treasury of the
TncrLtd to $7°- Commonwealth to the treasurer of the Massachusetts Scliool
500. ' fQj, Idiotic and Feeble-Minded Youth, according to a resolve

approved by the governor April thirtieth, in the 3^ear one
thousand eight hundred and fifty-one, be increased for the
current year to seven thousand five hundred dollars : pro-
vided, that said sum be used and applied according to the
conditions of said resolve,

House of Representatives, May 28, 1857.

This resolve having been returned to the house of repre-
sentatives by his excellency the 'governor, together with his
objections thereto, the said objections were entered at large
on the journal, and the house proceeded to reconsider the said
resolve ; and the question being stated on agreeing to pass
the resolve, notwithstanding the said objections, the yeas and
nays were taken thereon, and two-thirds of the members
present and voting thereon having voted in the affirmative,
the house agreed to pass the same notwithstanding said
objections.

CHARLES A. PHELPS, Speaker.

In Senate, May 29, 1857.

The question being stated, — shall this resolve be approved,
the governor's objections to the contrary notwithstanding,
and being taken as required by the constitution, by yeas and
nays, and two-thirds of the members present and voting
thereon having voted in the affirmative, the senate approved
the same, notwithstanding the said objections.

CHARLES W. UPHAM, President.

1857. — 'Constitutional Amendment. 703

Commonwealth of Massachusetts.

In the Year One Thousand Eight Hundred and Fifty-Seven.

RESOLVE

TO AMEND THE CONSTITUTION RELATIVE TO LIMITING THE SES-
SIONS OF THE LEGISLATURE.

Resolved, By both houses, (the same being agreed to by
a majority of the senators, and two-thirds of the members
of the liouse of representatives, present and voting thereon,)
that it is expedient to alter the Constitution of tliis Com-
monwealth, by adopting the subjoined article of amendment,
instead of so much of the tenth article of the amendments,
thereto, as relates to the general court, and the time when
it shall assemble and be dissolved ; and that the same, when
thus agreed to, be entered on the journals of the two houses,
with the yeas and nays taken thereon, and referred to the
general court next to be chosen, and that the same be pub-
lislied, to the end that if agreed to by the general court
next to be chosen, in the manner provided by the Constitu-
tion, it may be submitted to the people for their ratification,
in order that it may become part of the Constitution of this
Commonwealth.

Article of Amendment.
The political year shall begin on the first Wednesday of
January, instead of the last Wednesday of May ; and the
general court shall assemble every year on the said first
Wednesday of January, and shall proceed at that session to
make all the elections, and do all the other acts, which arc
by the Constitution required to be made and done at the
session which has heretofore commenced on the last Wednes-
day of May. No session of the general court shall continue
longer than one hundred days, without the concurrent vote,
to be taken by yeas and nays, of two-thirds of the members
elected to each house, in which case the session may be
extended for a further period not exceeding ten days. And
the general court shall be dissolved on the day next preceding
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.

704: 1857. — Constitutional Amendment.

In Senate, May 7, 1857.

The foregoing resolve and article of amendment are
agreed to by the senate, a majority of the members present
and voting thereon, having voted in the affirmative ; and the
same are ordered to be referred to the general court next to
be chosen.

Sent down for concurrence.

CHARLES W. urn AM, President.
Attest :
Peter L. Cox, Clerk.

House of Representatives, May 14, 1857.

The foregoing resolve and article of amendment are
agreed to by the house of representatives, two-thirds of the
members present and voting thereon, having voted for the
same ; and the resolve and article of amendment are referred
to the general court next to be chosen.
In concurrence.

CHARLES A. PHELPS, Speaker.
Attest :
William Stowe, Clerk.

INAUGURAL ADDRESS

HIS EXCELLENCY HENRY J. GARDNER.

Representatives' Chamber, I
Jan. 9, 1857. \

At one-half past one o^clock, His Excellency the Governor,
accompanied by His Honor the Lieutenant- Governor, the
members of the Executive Council, and the various officers
of the government, attended by a Joint Committee of the
two Houses, and the Sheriff of Suffolk, met the Senate
and House of Representatives, in Convention, and deliv-
ered the following

ADDUESS.

Gentlemen of the Senate

and of the House of Representatives : —

Led by the gracious hand of a benign Providence through
another season of prosperity and happiness, our honored
Commonwealth to-day crosses tlic threshold of a new politi-
cal year. Called l)y her suflrages to owy various posts of
honor and duty, mucli of her future prosperity or adversity
depends upon tlie acts of lis, her servants. Lot us each,
realizing tlie individual responsibility resting upon us, strive
in every tlnng to advance her interests and the cause of
truth and justice. May a generous patriotism raise us above

706 GOVERNOR'S ADDRESS.

the influences of party, a devotion to the interests of the
whole rebuke the suggestions of section and sect, and the
bias of self-interest be overcome in the discharge of the
nobler duties we owe the State.

Our nation has just passed through another presidential
contest under circumstances Avhicli would have imperilled
the existence of any other government on the globe ; and
yet, so admirably harmonious are the workings of our sys-
tem, and so readily obedient are our people to the will of the
majority, that a stranger among us would hardly have sup-
posed so momentous an event had transpired, as the struggle
between antagonistic theories concerning the administration
of our government, which, though nominally for the term of
four years, nevertheless may tell upon its policy and destiny
for generations. And though nowhere was the result so
great a disappointment to so large a proportion of our citizens
as in Massachusetts, and nowhere was the real magnitude of
the issue more fully appreciated, and hopes of a diiferent
termination more earnestly indulged, yet here, with a firm
reliance on the ultimate triumph of the great principles we
cherish, our people acquiesce in the result in the proper
spirit of our institutions. Yet, though as patriots and good
citizens we submit to the will of the majority, it is not only
our right but our duty to examine thoroughly the causes
which produced so unfavorable a result — a result not only
prejudicial, we fear, to the cause of freedom, but portending
evil to the integrity of our Union — and to strive, as far as
wo may, legally, justly and honorably, to remove them for
the future.

The issue involved in this great struggle was declared to
be, both while it was pending and since its termination,
directly or more remotely, not only whether freedom or
slavery should be established in the territory of Kansas, but
whether foreign nations should be absorbed, and Cuba,
Mexico and Central America annexed to our southern
borders ; not only whether the powers of the executive and
the legislation of congress should be prostituted to the
establishment of serfdom in latitudes once free, — but also
whether the extension of the area of slavery by diplomacy,
by conquest and by purchase, was not to be, and to con-
tinue to be, the established policy of our government.

Although it was freely asserted and widely believed that
the question of freedom or slavery in Kansas would hinge
upon the result of this election, and although, had it ter-
minated in a different manner, the probability of her early
admission into the Union as a free State would have been

GOVERNOR'S ADDRESS. 707

materially strengthened, yet recent developments give strong
hopes that the present chief executive officer of that territory,
in contradistinction to his predecessor, will administer the
laws fairly and impartially, will protect the actual settlers in
their just rights, and will resist the intrusion of non-residents
for illegal purposes. Such are the convictions of those on
the spot most capable of judging, and most effectively aiding
in the accomplishment of these desired purposes. If so, the
energy of our citizens in the race of colonization, aided by
the individual and associated cooperation of the intellectual
influence and material resources of the people of the North,
will certainly outstrip the more sluggish tide of Southern
emigration, and insure the triumph of free territory in the
approaching State of Kansas ; a result glorious in itself, and
still more so, as it renders impotent the violation of a
national compact, and an illegal invasion by people of
another State for the avowed purpose of overawing and out-
numbering the suffrages of rightful citizens, accompanied
with inhuman and barbarous murders, and all the atrocities
of actual and desperate warfare.

Still, so far as the decision of the presidential election is ^

final, so far as the action of the present is inevitably devel-
oped in immeasurable and incomprehensible consequences
and influences on the future, and so far as a step has been
taken which it may require a generation to retrace, our citi-
zens have the bitter assurance of knowing that that decision
has been made, that action fixed, and that step taken, by the
casting votes of aliens born, aliens unnaturalized, and aliens
entirely ignorant of our* institutions and grossly callous to
the vast interests involved in this stupendous issue. While
this horde of foreign-born voters has thus stricken down a
noble cause, which appealed to the moral sentiment and
enlightened patriotism of our country, it only affords another
confirmation of a fact whicli our whole history establishes,
that the foreign vote, with hardly an exception, always has
been, and in the nature of things ever will and must be,
attracted to that party which, under high-sounding generali-
ties on the abstract rights of man, always practically coope-
rates with slavery at the south, and banishes from its platform
the moral questions, and nobler instincts, and more enlight-
ened sentiments of the age.

All classes of aliens, both high and low, are absorbed, with
few exceptions, into this extreme and self-styled progressive
party, by laws of the human mind as inevitable as they are
constant. To the German student, chafing under the tyran-
ny, and to the German peasant, struggling for a livelihood

708 GOVERNOR'S ADDRESS.

under the taxation and oppression, of the petty dynasties of
the father-land ; to the Irish repealer, entlnisiastic for the
regeneration of his country, and to the Irish laborer, striving
for the means to flee from his impoverished island ; to the
revolutionist, dazzled with the hopes of a continental repub-
lic and national liberty ; and to the down-trodden of all
lands, the word democracy has a magical and irresistible
fascination. It is a term proscribed by the ruling powers of
Europe, and is the watchword of rebellion and political
change the continent over. To the philosopher and the serf
it bears the same wild and alluring attraction. It is a word
having there a mighty and terrible meaning. It incarnates
the Utopian dreams of the political visionary, the ambition
of struggling and inexperienced youth, the aspirations of
the revolutionist, the desires of the mutinous soldier, the
expectations of the toiling serf, and the wildest hopes of the
discontented of Europe.

With these prepossessions the foreigner lands upon onr
shores, and irresistibly attaches himself to the party bearing
this name he has been taught to worship. So it has been,
and so it ever will be. And it is this alien body which has
decided in the past, many of our great national elections,
and in the future, unless checked, is destined to thwart many
of the noblest movements which New England, cooperating
with the New England sentiments, morality and education,
diffused through the great West, may undertake in behalf
of freedom, humanity, and the nobler spirit of the century.
It was the deadening influence of this body which counter-
acted the great Northern uprising of the last national elec-
tion. For wherever New England sentiments. New England
education, and New England morality, by reason of State
colonization from the indigenous and unmixed population
of these six States, were diflused and predominated, there,
without an exception, the cause of free territory triumphed.
And not only foreign ignorance and vice, but German
rationalism, the infidelity of Southern Europe, and the God-
less philosophy so prevalent among her educated men and
better citizens, bear an instinctive antagonism to the moral
sentiment and practical Christianity which underlaid the
movement involved in this presidential contest, and which
will underlie all conservative attempts to develop and carry
out the genuine American spirit of our republican institu-
tions.

There is but one remedy and but one barrier to this steady
and increasing power. I fully discussed this remedy, and
the principles which compelled me to advocate its adoption,

GOVERNOR'S ADDRESS. 709

in my first Message to the legislature of Massachusetts ;
and I earnestly reiterate the sentiments therein contained,
so signally and so deplorably have they been confirmed by
the unmistakable lesson of the events of the past year. And
I urge attention to them because it is so strikingly evident
that the great battle — of which the contest of 1856 was but
the preliminary skirmish — the great battle to keep out of
the Union Cuba, Mexico and Central America, with their
aliens and their slaves, — countries blasted by Spanisii tyran-
ny and the Inquisition, till they are but tlie melancholy
fragments and relics of states with a degenerate population,
and are fit only as lands for the transplanting of Negro
slavery to grow side by side with the grossest political and
religious serfdom, — this great battle can be triumphantly
fought only by appealing to the people under the banner of
the principles I have therein enumerated, which principles
are not grounded merely in the passions and prejudices,
but commend themselves to the reflective judgment of our
citizens.

Born and brouglit up under totally dissimilar principles
of government, and accustomed to be led by the clannish
influences which surround tliem ratlier than by enlightened
individual responsibility, aliens are unfitted to appreciate
or rightly use the great trust, in the exercise of which they
are unwisely permitted to participate. While we would
grant them, and defend them in, the enjoyment of their
religious belief, in the worship of the Supreme Arbiter of
all our destinies, according to their customs or their prefer-
ences, yet, in considering the propriety of voluntarily grant-
ing or withholding, for a suitable period, the exercise of
those functions that constitute our own political privileges
and birthright, Ave may properly, and should necessarily,
remember that the class of aliens, to Avhom we specially
refer, are blindly attached to a religious faith whose cardinal
principle is implicit obedience to its temporal head, and that
temporal head a foreign potentate, which forbids indepen-
dence of action and the right of private judgment ; which
claims not only the jDOwer to inflict temporal ills on those
who dare question its infallibility, but also to entail future
and eternal vengeance ; whose prelates notoriously coerce
l»olitically as well as spiritually its followers ; and which
arrogates to itself, and actually exerts, a potent and malign
political influence at war with the teachings of our Consti-
tution and the essence of our government.

It matters not to the true patriot — to the thinking states-
man— whether at any particular election they vote as he

GOVERNOR'S ADDRESS.

deems right or not ; their power is the same, the danger of
its influence is as great, in which way soever it may for the
time be exercised.

Witnessing this vast influence for evil, which is continu-
ally swollen by accessions from the old world, and seeing, year
after year, the manifold dangers which not only threaten
tlie future but arc pernicious to the present, it seems strang'e
that all who value the exhortations of the fathers of our
country, the teachings of past history, or the repeated warn-
ings of the present, do not unite to counteract this acknowl-
edged danger. Our faith in a righteous cause, our trust in
an overruling Providence, and the consciousness of the
approval of our own judgments, as well as of the approba-
tion of many of the wisest and best of our fellow-citizens,
should constrain us to unremitted eflbrts, and assure us of
ultimate success.

This purpose cannot properly be deemed intolerant or
oppressive, for it is not proposed to interfere in any way
with any rights whatsoever, already acquired and at present
existing. Every one now entitled to exercise the elective
franchise, or to hold office, is to be, and should be, protected
in those rights. It is merely desired to establish a legisla-
tive compact with the incoming race, that if they choose
hereafter to make their home within our borders, they may
do so, freely participating in our gratuitous educational
privileges, protected by our laws, defended by our govern-
ment, elevated by our republican institutions, but subject to
the sole condition that they shall take no part in the selec-
tion of our rulers or the administration of our government,
until they are fitted by experience to understand its work-
ings and appreciate its blessings.

Not only our own interests, but theirs also necessitate
this policy ; the perpetuity of our political system demands
it ; the progress of Immanity requires it ; the teachings of
our early statesmen inculcate it ; the experience of our
own lives teaches it ; and our judgment, duty and patriot-
ism all ]wint to it as a primal, inevitable and absolute obli-
gation.

In view of these considerations, I would earnestly urge
your favorable action upon the two articles of amendment
to the Constitution relative to the " Right of Suffrage," and
the " Qualifications of Voters," which received the constitu-
tional majority of the senate and two-thirds of the members
of the house of representatives, present and voting thereon,
at the last session of the legislature, and which consequently
come before you at the present session.

GOVERNOR'S ADDRESS. 711

There are two other amendments of the Constitution
awaiting- your consideration, that have also been affirma-
tively acted upon by one legislature, and which provide for
districting- the State for the choice of senators and represen-
tatives to the general court.

The present basis of senatorial representation is unjust
and unequal, its arrangement giving an undue preponder-
euce of influence to the voters of some of the counties. The
jH'oposed amendment remedies this unfiiirness by changing
the l)asis of representation, and, — by the creation of single
districts, — not only tends to secure abler senators, but pre-
vents that opportunity for the combination of interests in
procuring- nominations, which now exists.

Our present house of representatives, unwieldly from its
great number, is an excessive pecuniary burden ; the num-
ber itself being a hindrance to enlightened legislation, nec-
essarily procrastinating public business and prolonging the
annual sessions, while the existing- system of town represen-
tation is notoriously unfair and unequal in its practical
workings. In one town a citizen can vote for but two
representatives in ten years ; in another for fovr hundred
and fort !j ; here a section is entitled to an annual represen-
tation for a given number of inhabitants, and there the same
number authorizes three times that representation.

This aggravated evil and injustice, inherent in our present
system, is recognized by the enlightened judgment of our
wisest statesmen, as well as of the mass of our citizens.
The remedy proposed by this amendment is simple and just,
by giving to every voter an equal annual representation, and
it was originally initiated and subsequently passed by the
concurrent votes of members of every party existing in our
Commonwealth. I therefore earnestly commend these last
two amendments to your favorable action.

Our fathers wisely guarded our venerated Constitution
from too sudden and inconsiderate changes, by requiring
that all amendments should pass two successive legislatures
and be ratified by the people. Two of these four amend-
ments, and the substance of a third, have been twice adopted
by different legislatures ; the last two having been passed
by one, defeated by the next, and revived again by the third,
are now awaiting your action. It may well be suggested
that not a word of them can be changed, nor a line ex-
punged, without throwing them back again for another two
years. It remains for you to say whether or not you are
willing that our fellow-citizens should be permitted to express
by their suffrages their wishes regarding them. If they

712 GOVERNOR'S ADDRESS.

desire them, it is just that they should have an opportunity
to say so ; if they do not, they will defeat them.

In this connection it is appropriate to speak of the educa-
tional progress of our State during the past year ; for our
only hope as a nation, under the leadings of Divine Provi-
dence, is in the thorough enlightenment of all our people,
since in ours, unlike every other system of government, the
people constitute the Commonwealth. We rely not on
navies or armies ; not on colossal wealth nor profound
learning ; not on impregnable fortresses nor isolated situa-
tion ; not on tlie splendid history of perished centuries nor
the bulwarks of an hereditary feudalism and an established
hierarchy ; but on the elementary education of every indi-
vidual by free schools, Avhose hand-book is the Bible, and
which shall fit each rising generation to discharge under-
standingly the duty of self-government, imposed upon us all
by the spirit of our institutions.

The amount of voluntary taxation the past year for the
support of public free schools, has been 876,500 larger than
that of any previous year, besides individual subscriptions,
amounting to $38,500, for prolonging these schools beyond
the period required by law ; the average length of time
during which they have been taught being seven months
and sixteen days, or twenty-five per cent, longer than the
law exacts. The sum expended for building and repairing
public school-houses during the past year, reached the sur-
prising aggregate of $588,214. The census shows that there
are in the State 222,853 children between the ages of five
and fifteen, and the school returns exhibit the gratifying-
fact, that of this number, 172,455 have attended the public
free schools, and 23,617 the private schools and incorporated
academies. When the number is considered who arc neces-
sarily prevented by physical weakness, organic impediment,
or other causes, especially at the earlier limit of age em-
braced in these tables, from availing themselves of our
educational facilities, and the very considerable number, also,
who are induced by circumstances to seek their instruction
in adjoining States, we may congratulate our community
that it has very nearly reached that period when the whole
body of youth within its borders shall receive the blessings
of education.

There has been a gratifying increase, also, in the number
of teachers, and the very important undertaking of grading
the schools has successfully advanced. Our normal schools
are in a flourishing condition, and never before was there
so large a number of pupils training to become teachers. I

GOVERNOR'S ADDRESS. 713

would suggest no fundamental change or improvement in
this interesting department of government, but can only-
urge the continued fostering of a system which has proved
itself so eminently beneficial.

The State Library, since its establishment in 1826, has
been crowded into inconvenient and unsuitable rooms, where
the books were liable to injury from dampness and to des-
truction from fire. Within the past year it has been trans-
ferred to the beautiful fire-proof hall provided by the
enlargement of the State House. The new apartment not
only furnishes additional security for the preservation of the
library, but ample accommodations, before altogether in-
sufficient, for its present wants and prospective increase.
Through the liberal appropriation of the last legislature •

this apartment has been suitably furnished, and its happy
arrangement and architectural beauty render it attractive to
visitors and a credit to the Commonwealth. Although the
State Library has existed but thirty years, it contains nearly
12,000 volumes, and is of great importance to the legislature,
to officers of the government and to the public, for purposes
of consultation ; for its value is not to be estimated by the
number or cost of its volumes. It doubtless possesses the
most complete collection in existence of State publications,
especially of the annual legislation and legal codes of the
several States of our Union, and additions are made only
with reference to its special character and design. Its
annual increase is mainly from exchanges with other States
and the General Government, though in part also by the
expenditure of a small appropriation from the State treasury.
An increase in tliis appropriation will be desirable for the
purchase of certain classes of works, whenever it sliall be
authorized by the financial condition of the Commonwealth.

The returns made under the Act approved May 21, 1855,
to obtain statistical information relating to certain branches
of the industry of Massachusetts, were communicated, at a
late period of the session, to the last legislature. The sec-
retary of the Commonwealth, in transmitting them, truly .
remarks : " While this report fails to do full justice to the
productive industry of the State, it is believed to be more
comprehensive and complete than either of its predecessors,"
and for reasons given, which are to my mind satisfactory,
he estimates tliat the aggregate of value returned falls short
of the reality about .$55,000,000.

Incomplete as statistics of this sort almost necessarily
are, these exhibit a result highly gratifying, and a progress
almost, if not quite unparalleled. The following table shows

714 GOVERNOR'S ADDRESS.

the results of the returns of 1855, contrasted with those of
1845, giving the value of the product and the number of
persons employed, classified under several natural divisions.

1855.

1845..

Value.

Hands
employed.

Value.

Hands
cmplojed.

Agricultural Productions,

$62,853,488

(WholeJso.
(not given.

26,231,453

/Whole No.
\ not given.

Productions of Leather, .

51,684,530

79,501

19,169,788

49,094

Productions of Cotton, .

37,904,738

37,498

19,483,744

23,280

Productions of Metals, .

35,244,117

23,426

11,897,244

10,460

Productions of Wool,

26,545,234

16,113

11,250,490

10,599

Products of the Sea,

17,834,054

23,073

15,549,080

20,134

Productions of Wood,

14,300,223

13,707

5,149,362

0,241

Vessels, Sails and Cordage,

8,420,958

5,490

2,161,411

1,828

Miscellaneous Productions,

41,033,339

37,502

13,842,692

24,036

1295,820,681

236,310

$124,735,264

148,672

These tables exhibit an increase in the annual productions
of the industry of the State, since 1845, of $171,085,417, or
one hundred and thirty-eight per cent., while the increase of
population during the same period has been but thirty-four
per cent. Such results are the highest evidences of uni-
versal, intelligent and well remunerated labor, of social
progress, happiness and thrift.

Our agricultural interests take the lead in the aggregate
of tlieir products and the number of persons engaged in
tliem, over cither of the other classes in these tables. They
constitute in every community the prime source of happi-
ness and prosperity. Recognizing this broad truth, our
Commonwealth has justly legislated to protect and foster her
agricultural interests. The county agricultural societies
have been made the almoners of her bounty, amounting now
to about $11,000 per year in premiums ofiered for superior
excellence in the various departments of husbandry. The
anniversaries of these societies, without exception, have been
peculiarly successful and interesting during the year past,
and they arc pursuing their appropriate labors with diligence

GOVERNOR'S ADDRESS. 715

and faithfulness, under the scrutinizing supervision of the
central board. Two new county societies were incorporated
at the last session of the legislature, and a limit in their
number has now been reached, which your good judgment
will probably consider ought not to be exceeded. Aside fi'om
the additional expense entailed upon the treasury by their
farther multiplication, it may be questioned if subdivision
into smaller bodies will not diminish that opportunity for
comparing products and contrasting results, which now
exists.

Under the direction of the board of agriculture the per-
manent improvements at the State Farm have advanced,
and interesting experiments have been carefully made on
cereals and root crops, as well as regarding neat stock, which
in the results of a series of years will prove invaluable.
About one hundred and fifty of the boys from the Reform
School have been employed during the season on the farm,
averaging six hours labor each per day, thus not only con-
tributing to their present happiness and health, but practi-
cally educating them in a pursuit which will probably become
the l)u>iness of their future lives.

The Commonwealth now owns nearly three thousand
mineralogical and geological specimens collected from all
portions of the State, and forming a cabinet of great prac-
tical value. These specimens are now distributed fur safe
keeping among the collections of individuals and societies.
She possesses also over one hundred specimens of the soil of
different localities, with the analyses attached, and several
hundred varieties of grasses and plants grown within her
limits. It is proposed to add specimens of all other species
of grains, grasses, and plants, indigenous or domesticated
here, a collection of our birds, insects and fishes, and models
of all our fruits properly labelled, thus forming a collection
of our natural products of direct practical interest to the
agriculturists of our State. To this end a trifling sum is
wanted to furnish the room of the secretary of the board of
ag-riculture with cases and other suitable fixtures, which
appropriation I recommend.

At the last session of our legislature, an Act was passed,
in conformity with the legislation of Maine, extending the
time for the payment of sums due for lands sold in that
State. Our land agent has collected during the year about
$10,000 of the amount overdue, and, in his judgment, not
only is Massachusetts secured on every tract upon which
she holds mortgages, but the sums now overdue will be
paid within the period fixed by the present statute. If

716 GOVERNOR'S ADDRESS.

they are not, in pursuance witli the provisions of law, he
will take possession in behalf of the Commonwealth, and
the partial payments already made become forfeited.

The rebuilding of Charles River Bridge, whicli was origi-
nally chartered March 9, 1785, and became the property of
the Commonwealth by purchase, under the Act of March
17, 1841, and the repairing of Warren Bridge, which was
chartered in 1828, and surrendered by the proprietors to the
Commonwealth in 1836, were authorized by the legislature
under the provisions of the Act of April 29, 1864. The
rebuilding of the former was finished upon the tenth day of
August, 1855, at a. cost of $133,826.67, and the repairs of
the latter were completed on the thirty-first of July, 1856,
at a cost of $65,494.80, which sums were obtained from the
tolls levied upon the travel over said bridges, the aggregate
of which is now about $100,000 per annum. Under the
provisions of the Act last referred to, these tolls are to be
continued, until a fund of $100,000, above the cost of
rebuilding, shall have accumulated, which sum is to be
appropriated in maintaining the structures in a proper con-
dition. This sum will probably be received early in the
year 1858, when the bridges will become free forever. The
rebuilding has been completed in a substantial and durable
manner, and it will be probably many years before any far-
ther extensive repairs of either of these bridges will be
found necessary.

On the 27 th of August last, the opening of the Industrial
School for Girls at Lancaster, was inaugurated with appro-
priate and interesting ceremonies. This institution is the
first of its kind in America, and the appearance, sad history,
ignorance and moral darkness of more than forty girls, two-
thirds of whom are motherless, now collected within its
influences, illustrate most afifectingly its importance. Great
intei'cst is felt in this institution in other States, and contin-
ual inquiries and investigations are made, by letter or per-
sonal examination, regarding its practical workings. The
neglected children of other Commonwealths may have
reason to bless our State for the organization of this noble
charity. Thus far the system adopted works admirably, and
gives promise of the most happy results. Not one inmate
has been received who would not, in all human probability,
have been ruined, had not the State interposed its parental
protection, and not one that does not give promise of be-
coming, under its family training, an instance and witness
of its success.

Some misapprehension exists as to the appropriate subjects

GOVERNOR'S ADDRESS. 717

for this school. They should not be hardened criminals,
nor children of impaired or idiotic minds, nor confirmed
invalids whose care is somewhat onerous to their parents.
There are other and fitter institutions for all these, and the
success and widest good of this school will depend on placing
under its ministrations only those, whose unformed habits,
intellectual activity and physical powers will enable them to
reap the greatest benefits and blessings from its influences.
I would especially impress on the various commissioners
appointed to admit pupils, the deep responsibility resting
upon them. To a great degree they hold the success or
failure of the institution in their keeping.

It is believed that the full number of inmates that can be
accommodated in the three houses, will be admitted within
a few months, and after witnessing the anticipated results of
the existing system, it is hoped that the noble generosity of
some of our philanthropic citizens will link their names with
this beneficent charity, by providing for the erection of fur-
ther buildings, for many of which there is ample room upon
the beautiful farm, which private individuals have already
cooperated with the Commonwealth in purchasing. And
unfortunately there are children within our borders who are
the proper objects, and sufficient in number, to occupy such
extended accommodations.

The same spirit and desire for excellence prevail among
our Volunteer Militia, that have heretofore demanded my
hearty commendation. The number of its enrolled mem-
bers does not materially differ from that last reported, but a
laudable attention to details and perceptible superiority in
drill, discipline and soldierly bearing, mark their continued
progress and increased efficiency. Various reforms which
were adopted under my orders in 1855, have proved accept-
able to the militaiy and beneficial to the service. Upon the
fidelity and exertions of the individuals composing our militia,
its future welfare to a great extent depends; for while the
Commonwealth makes liberal provision for its support, and
our executive officers freely recognize its powerful influence
in tacitly constituting the ultimate resort for the preservation
of the peace of the community, our people will value and
appreciate its benefits so long as its members exhibit the
true characteristics of the citizen soldiery and the soldierly
citizen.

The financial credit of our Commonwealth, in the money
marts of the world, has been proverbial ; her scrip, for many
years, commanding higher prices than that of any of the
other States of the Union. For a long period her ordinary

718

GOVERNOR'S ADDRESS.

receipts were ample to meet the expenditures, without the
assessment of any State tax, but of late, her large disburse-
ments, mainly on account of her legislative, educational,
charitable, and reformatory institutions, have greatly outrun
her receipts, till, for some years, a large and increasing
annual tax has become necessary. The time has now fully
arrived, not only for economy, but for retrenchment and
reform, since without it, an annual State tax of some
$600,000 to $800,000 cannot be avoided.

In proceeding to consider the financial condition of Mas-
sachusetts, it is proper to say that the statements and esti-
matCw^, some of them necessarily approximate, were furnished
by the treasurer and auditor before the close of the year,
and are liable to variations when the actual and official
results shall be ascertained, yet there is no doubt that they
are sufficiently accurate as a ba^is for general estimates.

The actual expenditures and receipts for 1855 are con-
trasted with those of 1856, (mostly actual, though a portion
necessarily estimated^) and with the estimates for 1857, in
the ioUowins; table : —

Expenditures for 1855 and 1850, contrasted with Estimates
for 1857.

185.5.

1856.

1857.

Legislative and Executive, .

$170,959 43

$512,400 00

$481,400 00

Scientific and Educational, .

19,889 18

19,420 00

18,350 00

Charitable and Humane,

339,899 94

300,000 00

303,400 00

Military, ....

78,339 48

75,250 00

76,000 00

Eeformatory and Correctional,

238,599 14

196,300 00

261,650 00

Interest, ....

113,150 48

153,900 00

135,000 00

Public Buildings, .

150,400 17

78,350 00

$1,411,237 82

$1,335,620 00

$1,275,800 00

GOVERNOR'S ADDRESS.

Receipts for 1855 and 1856, contrasted with Estimates/or 1857.

719

185.5.

1856.

1857.

Bank Tax, ....

!|.578,983 30

1583,500 00

^585,000 00

State Tax, ....

428,108 00

600,000 00

Insurance Tax,

1,258 15

2,200 00

2,000 00

Alien Estates,

773 15

900 00

1,000 00

Alien Passengers, .

15,848 62

16,800 00

15,000 00

Income Western R. R. S. Fund

61,897 00

61,700 00

■30,000 00

"Western Railroad Dividends,

49,392 00

49,000 00

Interest on Deposits,

792 48

1,500 00

1,000 00

Hawkers and Peddlers,

506 00

300 00

Courts of Insolvency, .

115 00

12,000 00

Attorney for Suffolk County,

3,719 40

530 00

(Now goes to the
X City of Boston.

Premium and interest accrued
on Scrip sold, .

4,803 06

12,600 00

Charles River and W. Bridges,

9,530 00

Sundry Accounts,

2,241 04

4,250 00

State Tax. probably remain-
ing unpaid, Jan., 1857,

56,000 00

Cash on hand,

18,609 60

109,037 00

11,166,425 80

f 1,452,560 00

$751,300 00

Expenditures for 1 855,
Receipts for 1855,

$1,411,237 82
. 1,166,425 80

Excess of Expenditures over Receipts for the year 1855, $244,812 02

Expenditures for 1856, $1,335,620 00

Receipts for 1856, 1,452,560 00

Estimated excess of Receipts over Expenditures for 1856, $116,940 00

720 GOVERNOR'S ADDRESS.

Estimated ordinary expenditures for the year 1857, . 11,275,800 00

" " receipts for the year 1857, . . . 751,300 00

Showing a probable tleficit in the ordinary expenses of the

year 1857, of $524,500 00

Add State Reform School Scrip, falling due Oct. 4, 1857, . 25,000 00

Which shows an estimated deficiency for the year 1857, of . $549,500 00

The accumulated unfunded debt previous to January 1,

1856, amounted to 662,337 00

There should be added, for payments made upon the West-
ern Lunatic Hospital, .... $125,000 00

Less amount paid during year 1855, . . 20,000 00— 105,000 00

In all, amounting to $1,316,837 00

Against this we have —
Estimated excess of receipts for the year 18.56, $116,940 00
Sixpercent. Scrip authorized and sold in 1856, 300,000 00
Five per cent. Scrip sold in 1856, . . 70,000 00

" " " on hand, unsold, but

upon which money has been advanced,

for the Western Lunatic Hospital, . . 125,000 00—611,940 00

Which shows the estimated amount of floating debt at the

close of 1857 will be $704,897 00

From this balance is to be deducted the amount of cash which may be
in the Treasury at the close of December 31, 1856.

The pleasing features of the picture thus presented are,
that in every branch of expenditure but two, a considerable
saving has been effected in 1856, as compared with the year
previous, amounting in the aggregate to over $156,000 ; and
that while the total ordinary expenses of 1855 exceeded the
total ordinary receipts in tlie sum of $244,812, the aggregate
ordinary receipts of the past year exceed the aggregate ordi-
nary expenses by $116,940. The two items of expense which
are this year increased, are "legislative and executive,"
which is about $42,000 larger, owing to the unprecedented
length of the last session of the legislature, and the charge
for " interest," which is nearly $41,000 in excess over that
of the previous year, in consequence of our added permanent
and temporary loans. The excess of these two items being
deducted, there appears to be a net relative gain in the bal-
ance of the last, as compared with tlie previous year, of over
$288,000. This gratifying result has not been attained with-
out constant and praiseworthy efforts on the part of many
of the officers of the Commonwealth, and more especially the
ceaseless vigilance and firmness of the auditor of accounts,
to whom the State owes a debt of obligation, which fully
merits my official recognition.

GOVERNOR'S ADDRESS. 721

The most unpleasant features in this financial survey, are
the facts that our current expenditures largely exceed our
ordinary annual income, and that notwithstanding $300,000
of our floating debt was funded by the action of the last
legislature, and thus passed into our permanent loan, it will
amount, at the close of this year, to $600,000.

It is apparent, then, that our duty as statesmen and legisla-
tors demands that we shall proceed to abolish every unneces-
sary or questionable office, place new checks against useless
expenditure, and retrench the cost of every branch of the
government, where necessity or humanity does not forbid.
I hesitate not to declare that I deem it my imperative duty
to refuse the sanction of my signature to any Bill which con-
templates the unnecessary expenditure of money.

I deem it also my duty, — though in some respects an
ungracious one, — to suggest certain points wherein, in my
judgment, a pecuniary saving to the Commonwealth can be
made. Some of my positions may be erroneous, some of
them may be controverted, but my purpose has the sanction
of my judgment, and I submit them to your consideration
with the conviction that yovir intelligent action will produce
desirable results. Neither do I impute blame to any officer
or any department, but simply suggest whether changes or
reforms may not be introduced without detriment to the
public interests.

The first and greatest item wherein retrenchment and
reform should be commenced, is the legislative expenses. I
have elsewhere spolcen of the pending constitutional amend-
ments, reducing the size of the house of representatives,
which, in an economic view, is of paramount importance.
Aside from the per diem pay of its members and officers,
however, great expenses are incurred by the enormous and
unnecessary length of the legislative sessions.

The payment of its members amounted, in 1856, to about . !5200,000 00
And, in addition, a very considerable portion of the follow-
ing sums accrued from its session : —

Executive Council, $9,000 00

Fuel and Lights, 2,700 00

Statioaery, 8,800 00

Newspapers, . . _ 8,800 00

Daily Journal of Proceedings, .... 4,000 00
Postage, 1,000 00

34,900 00
Besides salaries of officers, printing, and Index and Journals,

amount to probably 30,000 00

Being a total of about $264,900 00

722 " GOVERNOR'S ADDRESS.

My duty constrains me to say, that if proper efforts are
made to bring about a short session, in conformity to the
desires of our citizens and the demands of our treasury, our
legislative expenses, and consequently our State tax can be
diminished this year $100,000 in amount.

I earnestly recommend the discontinuance of the printed
daily Journal of Proceedings, as 1 deem its utility not com-
mensurate with its cost.

I renewedly suggest the abolition of the office of land
agent, and tliat its comparatively few duties be devolved
upon the treasurer.

The expenses in the office of the secretary of state have
very much increased within a few years, and I am happy to
be informed that in his annual report, that officer will
announce prospective reforms whereby a saving of some
$7,000 per annum can be made, or fully ons-tbird of the
expense of his department.

The last legislature amended the Act establishing the
board of alien commissioners, by substituting in the place of
a member of the executive council, a commissioner who
should devote his whole time and attention to its duties, and
its powers were essentially enlarged. I now advise that the
boards of inspectors of the State alm>houses be abolished,
and that the general powers conferred on them be given to
the board of alien commissioners. The salaries received by
the inspectors are small, but the amount of pay some of
them draw from the treasury for various services rendered,
is, in the aggregate, quite considerable. No person in the
employ of the State should buy supplies of himself for the
Commonwealth, or hire his own labor to it as a contractor
or superintendent. Moreover, the interests of the institu-
tions will be sul)served, in my judgment, by the supervision
of a central board, cognizant of the condition and operations
of each of the others, better than by a local one familiar
alone with its own. Especially would I recommend that
the board of alien commissioners be invested with the duty
of visiting the various institutions to ascertain whether
superfluous officers are employed, or disproportionate sala-
ries paid, with authority to correct the evil or to report to
the governor and council.

I advise farther, that all supplies of food, clothing, stock,
implements, fuel and other articles, be procured hereafter in
all instances by public advertisement for sealed proposals
from the lowest bidder, subject to suitable and proper restric-
tions, in the same manner as the general government obtain
their naval and army supplies. This enactment might

GOVERNOR'S ADDRESS. 723

extend to the four State Almshouses, the three Lunatic
Hospitals, the State Prison, the Reform School for Boys,
and the Industrial School for Girls, either under the direc-
tion of a competent board for the whole, or of the trustees
of each institution for itself, as the wisdom of the legisla-
ture may deem proper.

I also recommend that the care of the public buildings be
taken from the joint standing committee thereon, and that
their authority to sit during the recess of the legislature be
discontinued, and that all repairs be made by the direct
action of the general court.

I advise that the grant of $2,500 paid by the State to the
society for the prevention of counterfeiting, under a Resolve
expiring this year, be not renewed. Ihere are other socie-
ties for the prevention of vice and crime, that might, with
perhaps equal justice, ask aid from the State, and this is not
so paramount a claim as to justify the continuance of the
appropriation. The banks of Massachusetts, paying into her
treasury a tax of almost $600,000 for the privileges they
enjoy, with their enormous capital, and generally large divi-
dends, do not need this sum from our exhausted resources.
But it may well be ques-tioned whether tlie money is expend-
ed according to the design of the legislature in making the
grant. Of the $5,004:. (iO spent by tlie society, it appears
that one individual was paid over $1,000, another over $400,
and a third more than $300 for services and expenses in
attending meetings of the board. An analysis of the returns
shows that certain bank officers received —

For services and travel, $2,448 10

Printing and Stationery, 809 68

Rent, ..." 48 00

Advertising, 212 50

And for rewards and awards, only ...... 1,486 32

$5,004 60

The stationery purchased by the clerks of the two branches
for the use of the legislature, costs about $7,000 per annum.
There has been unnecessary wastefulness in this branch of
expenditure at times heretofore, and I suggest that such
purchases be hereafter made only under the sanction of some
one of the standing committees of the legislature.

Al)out $20,000 has been paid from the treasury for indem-
nification of officers for costs under that portion of the law
relative to the sale of spirituous and intoxicating liquors,
which has been pronounced unconstitutional, and the audi-

724 GOVERNOR'S ADDRESS.

tor estimates claims amounting to 85,000 more, in the
expenses of 1857. The limit of time will soon expire for
such claims, and I recommend that it be not extended.

A petition was presented to the last legislature by the city
of Boston, for an allowance to meet the expenses of the
municipal court, founded upon the provisions of the eigh-
teenth section of chapter 449, Acts of 1855. The petition
was not granted, but the treasurer of the city of Boston
has paid into the treasury of the State the amount of tax
levied upon the city, less a bill of about $42,000 for the
expenses of that court during nine months of the past year.
The subject siiould receive your early attention, and the law
made so explicit that the duty of the officers of the State
may be rendered clear. There appears to be injustice in
requiring the city of Boston to pay its share of the expenses
of the court of common pleas, which has no jurisdiction
within its limits, and also the whole cost of its local courts
established in its place and largely contributing to relieve
botli the common pleas and supreme court of a portion of
their onerous duties and accumulated business.

Considering the policy of supporting our foreign paupers ,
in State almshouses to be as yet an undetermined question,
so far as expense is concerned, and believing it inexpedient
to incur farther cost in buildings, which experience may
prove will fail to meet the expectations of the originators of
the system, I emphatically advise that no money be expended
upon them in farther permanent improvements, and I recom-
mend that the board of alien commissioners be clothed with
power, subject to the approval of the governor and council,
to diminisli the cost of this branch of expenditure, by closing
one or more of them, and distributing the occupants among
the other almshouses, whenever the public interests and the
welfare of the inmates will justify the measure.

The cost of " Commissioners for various purposes,"
amounted in 1855 to <fl4,568, nearly all of whom were
appointed by my predecessors, while in 1856 it amounted to
only $4,400. I advise great prudence in creating new com-
missions, and if any may be deemed necessary, would sug-
gest that they should be limited to as small a number as is
consistent with the discharge of tlie duty required to be
performed.

The work of printing the Plymouth Records has steadily
advanced, and the six vohmies of Court Orders are com-
pleted and will be ready for distribution in a few days. One
volume of the Miscellaneous Records is in press, and the
four volumes of Wills have been copied in manuscript in a

GOVERNOR'S ADDRESS. 725

permanent form. The other volumes of Deeds and Laws
are of less interest, and the volume of the Records of the
Commissioners of the United Colonies has been printed in
Hazard's State Papers. I therefore recommend that the
secretary of state be directed to discontinue the work on
the completion of the volume of Miscellaneous Records ; in
which case this item of expenditure will cease.

In view of the condition of our treasury, and the circum-
stance that the annual grant of $8,500 to the Female Med-
ical Education Society can hardly be defended on the ground
of absolute necessity, I recommend that it should be discon-
tinued.

By the provisions of an Act of the legislature of 1854,
2,9-14 shares of the Western Railroad stock were transferred
to the School Fund, thus diminishing our annual revenue
about twenty thousand dollars. One-half of the income
from this fund, which amounted on the first of January,
1856, to about $1,626,000, is divided among the towns, and
from the other half all sums expended for educational pur-
poses being taken, the balance is transferred to the credit of
the fund. The amount so transferred, as stated- in the
auditor's report for the last year, was about $18,500. It thus
appears that one-half of this income is practically deducted
from the assessed taxes of the various cities and towns, and
the balance goes to enhance the principal of the School
Fund. I advise that the Act referred to be repealed, and
thus give the State an increase of $20,000 in her annual
income. Tlie amount divided among the towns the past
year was about twenty cents per child, and if the Act be
repealed, it will amount to about fifteen cents, a sum amply
sufficient to secure full educational returns, which is the
main practical benefit now derived from this expenditure.

The adjutant-general has made, in his annual report,
which will be transmitted to the two branches, certain sug-
gestions, in all of which I fully concur, whereby an annual
saving to the treasury of at least $20,000, or nearly one-third
its present cost, can be made in his department, without in
any way impairing the efficiency of our military system.

Having thus briefly referred to certain particulars wherein
judicious retrenchment can be introduced without detriment
to the public interests, it becomes my duty to allude to
another and no less important view of the financial affairs of
the State. During the year 1857, the following portions of
the funded debt of the Commonwealth become due : — ■

726

GOVERNOR'S ADDRESS.

State Reform School Scrip, due October 4, 1857,
Eastern Railroad BondSj due July 1, 1857,
Norwich and Worcester Railroad Bonds, due July 1, 1857,
Boston and Maine Railroad Bonds, due August 1, 1857,
Western Railroad Bonds, due July 15, 1857,

$25,000 00
100,000 00
400,000 00
100,000 00
. 995,000 00

^1,620,000 00

The first item is included in the estimated expenses of
1857, and it is presumed will he paid from the current rev-
enue. The next three liabilities arise from the indorsement
of the State for the railroads mentioned ; to secure each of
whicli it holds Jt mortgage upon the road, and also a large
amount of stock in pledge. These three corporations will
doubtless pay their scrip at maturity, and relieve the Com-
monwealth from its obligations in their behalf, the Norwich
and Worcester being aided in so doing by an indorsement of
the State upon its bonds for 8400,000, having twenty years
to run, in accordance with the legislation of 185-4.

Tlie last amount is for bonds issued to pay the Common-
wealth's subscription" for ten thousand shares in the stock of
the Western Railroad, and a sinking fund was provided to
meet it at maturity. This fund has always been relied
upon as amply sufficient for this purpose ; and it amounted
nominally, on the first of December, 1855, to $1,107,827.26,
as appears by the annexed schedule, showing a surplus of
1112,327.26 over the sum it was intended to liquidate: —

Notes for Land sold in Maine,

Five Per Cent. Scrip of the State of Maine,

Notes and Mortgages, ....

Notes with collateral and with sureties,
County, City and Town Scrip, .
Western Railroad stock, at par,
Massachusetts Five Per Cent. Scrip, .
Western Railroad Scrip, ....

Norwich and Worcester Railroad Scrip,

Boston and Maine Railroad Scrip,

Cash on hand, ......

Western Railroad Sinking Fund Rights,

$128,081 21

125,000 00

138,885 00

153,100 00

150,400 00

94,300 00

106,202 28

118,000 00

3,000 00

2,000 00

60,662 86

27,695 91

L,107,327 26

Of this sum, $495,000, only, are available to meet this
payment, or will probably, be realized as cash during the
year 1857. An examination shows that the investments
were made with but little apparent reference to the period
when their proceeds would be needed — that more than half
of them were unavailable without sacrifice in their sale —
that more than one-quarter of them are in mortgage notes,

GOVERNOR'S ADDRESS. 727

the larger proportion of which have been long overdue,
many of them from five to ten years — and that there is
reason to fear on some portion of the investments made
many years ago there must be an ultimate loss. The bal-
ance of available means to pay the bonds falling due in July
can be drawn by the treasurer, under existing statutes, from
the school fund, transferring to that fund the balance of the
investments from the Western Railroad stock fund, which
are ample security for the amount needed.

More particular reference has been made to tliis sinking
fund, in order to impress upon the legislature the impor-
tance of limiting by statute the nature of the securities in
which our public funds shall be hereafter invested. It is a
truism in finance which does not need elaboration, that no
security is so good to a solvent individual as his own obliga-
tion. Let preference, then, be given to our own State scrip
in the investment of our school and sinking-funds — selecting
next our county, city and town bonds, and then the obliga-
tions of other States, counties, cities and towns in New
England. If such a disposition of our invested funds be
required by law, the special securities being left as they now
are to the discretion of the treasurer, subject to the approval
of the governor and council, instead of the wide range of
real, personal, and stock collaterals heretofore permitted,
there can be little doubt of greater security and more avail-
able assets.

During the past year, the alien commissioners have vig-
orously but humanely pursued their duties, and relieved
the State from a large expense in the support of paupers
who have no settlement within its limits, and not a particle
of rightful claim upon its treasury. One thousand and
seventy-three paupers have been sent from the State institu-
tions to those places beyond our limits where they have
settlements, and the residences of thirty-three lunatics who
were in our insane asylums have been discovered, and these
unfortunate persons been conveyed to the cliarge of compe-
tent relatives, or of their native towns, for support.

By the judicious measures of this board, the State has
been saved from a very large expenditure, probably not less
than '150,000 for the past year, which it would otherwise
have necessarily incurred from the support in her institutions
of this large number of paupers and lunatics. There has
been a small decrease in the number of inmates of the four
State almshouses within the year just closed.

The commissioners relative to the artificial propagation of
fish are making interesting experiments at a suitable stream

728 GOVERNOR'S ADDRESS.

in the town of Sandwich ; but, as the season for testing the
results of these experiments has not yet arrived, no report
has been received from them.

I would call the particular attention of the legislature to
that elates of persons confined in our institutions who are
designated as insane criminals, confining the designation
strictly to those who were criminals before and indepen-
dently of their insanity. I am advised that there are several
of this class transferred from our correctional institutions to
our insane asylums, who daily peril the lives, not only of
their officers, but of their inmates ; and being necessarily
less securely confined than it is proper they should be, also
endanger the safety of the community.

There is no duty more sacred than the suitable protection
of the lives of those officers whom we intrust with the care
and custody of the criminal and the insane, of which the
recent terrible catastrophe at the State Prison painfully
reminds us. I leave the subject to your good judgment,
confident that your convictions accord with mine as to its
importance.

The startling intelligence of the cold-blooded and shocking
murder of the warden of the prison, a murder paralleled in
atrocity only by that which struck down his deputy, com-
municated to me as I was finishing the preceding sentence,
invests the foregoing suggestions with tremendous emphasis,
and calls for your immediate and decisive action.

Notwithstanding the amendment to the Constitution,
declaring that all civil officers elected under its provisions
shall be chosen by a plurality of votes, the law still requires
the returning authorities to state the whole number of bal-
lots given in for each claf^s of officers at every election.
This provision, necessary under the majority system, has
now become superfluous, and as it occasions very considera-
bly increased trouble and delay, both to town officers and
the board of canvassers, without apparent corresponding
benefit, I recommend its repeal.

I am advised by the commissioners for the revision of the
statutes, that they commenced their arduous labors as soon
as possible after their appointment, and have continued them
with such diligence as the nature of the case admitted.
They have endeavored, in the first place, by a careful exami-
nation of the legislation of the year 1836, and of each year
subsequent thereto, to ascertain in what manner, and to
what extent, that legislation had aflTected the body of the
law comprised in the Revised Statutes ; and in the next
place to determine in what connection such portions of the

GOVERNOR'S ADDRESS. 729

Acts passed since the Revised Statutes were enacted, as still
remained in force, should bo incorporated with the pravious
legislation ; making such changes in the general arrange-
ment of the statutes, as seemed to be necessary for that
purpose.

It remains to draw the Bills in a compact form, and this
the commissioners are no\y proceeding to do.

Unless the legislation of the present winter should render
necessary an extensive rearrangement of the work already
done, the commissioners hope to be able to place the matter
in the hands of the printer in the course of the month of
July, and have their final report ready for the action of the
legislature at the commencement of the next session ; which
probably is quite as early as any one, who is fully aware of
the extent of the labor and care required, could reasonably
have expected.

A statute creating courts of insolvency was enacted at the
last session, and in accordance with its provisions, such courts
have been organized and are now in successfnl operation.
This new system, adopted by the legislature with no little
unanimity, bids fair to secure a uniform, vigorous and inde-
pendent administration of this important department of the
law. On this account it is regarded with great favor by the
business men of Massachusetts, and it has also attracted the
attention of very many leading merchants in the great States
of New York and Pennsylvania, who have had opportunity
to observe its beneficial effects. Copies of our insolvent
statutes have been obtained by them, to be used as a l)asis
for similar systems in those great commercial and business
centres.

From a cursory examination of the returns of insolvent
cases, and an approximate estimate from these statistics, the
results arrived at will probably excite surprise. During the
year ending with April, 1855, there were rising six hundred
and fifty cases, and during the succeeding year, ending in '
April, 1856, about six hundred. If the legislature should
deem it proper that these courts, intrusted with interests of
such magnitude, and l)ringing within their jurisdiction,
either as debtor or creditor, so large a number of our citi-
zens, should be placed upon a different footing from our
other courts, with reference to their expenses or the income
to be derived from them, a slight increase in their present
tariff of fees will not only render them self-supporting, but
a source of revenue to the treasury, and still leave a con-
siderably smaller pecuniary burden on the estates than was
imposed by the former rate of taxation.

730 GOVERNOR'S ADDRESS.

The aggregate amount of the salaries of the judges and
registers, is $27,800 ; while assuming sixty dollars as the
amount paid in each case, under the old system, a sum
believed to be lower than the actual average, six hundred
cases would yield $36,000, and six hundred and fifty
cases $39,000. These approximate results may be tested
by actual returns, or by facts easily obtained from the
officers who have administered and now administer the
insolvent laws. As no return of fees will be made until
cases are closed, if you judge it expedient to take action
upon this matter, it is to these sources of information that I
would commend your attention. And if increase of fees
should be found advisable, I would suggest, that it would
be but equitable, that while the present rates should be
retained as to tbe smaller estates, the added fees should be
borne by the larger estates, which involve a corresponding
increase of labor, difficulty and responsibility in the admin-
istration of the law, in their settleiuent.

The legislature of 1856, appointed a joint committee to
consider the subject of the lands in the Back Bay, who have,
from time to time, pursued their labors during the recess, in
conjunction with the commission previously in existence.
There have been perfect harmony and concurrence between
the legislative committee and the commissioners, and the
results which they have attained have received the unani-
mous support of the whole body. They have been able to
make very substantial progress in the settlement of difficul-
ties surrounding a subject in which the Commonwealth is
deeply interested, and which promises to bring a large
revenue to the State treasury at no distant day.

The most important results reached by them are included
in two formal instruments, which, in accordance with the
provisions of the Resolves under which they acted, were sub-
mitted to the governor and council, both of which instru-
ments have been ratified and approved by them. One of
these was a supplementary indenture with the Boston Water-
Power Company, the owner of half the lands in the Back
Bay, and equally interested with the Commonwealth in their
improvement ; the other was a tripartite indenture between
the Commonwealth, the Water-Power Company and the city
of Boston. These two instruments settle all points of differ-
ence, and remove all obstacles to which any importance is
attached. The claim of the city of Roxbury to the owner-
ship of a portion of the territory, which claim is denied by
the most eminent legal advisers, whose services the Com-
monwealth and Water-Power Company have been able to

GOYERNOR'S ADDRESS. 731

obtain, will probably be decided by the svipreme judicial
court before the expiration of the present year, and whatever
may be the result, it cannot vitiate or render useless the pro-
ceedings already had.

The indentures mentioned, while giving to other parties
all the facilities which they require, or to which they are of
right entitled, secure to the State all the points deemed nec-
essary before proceeding to fill in the lands and make them
available for the market. A magnificent plan for laying out
the territory is proposed, which, as it progresses, will render
the lots very attractive and immediately salable, for respon-
sible parties are now known to be awaiting the opportunity
to make purchases. It will be observed the committee
recommend that a pecuniary appropriation be placed at the
disposal of the commissioners, to enable them to fill in a
portion of the lands, which sum will be returned with profit
to the treasiiry as the sales are made. The plan of paying
for filling by grants of a part of the flats, it is thought would
prove more expensive to the State, especially if the parties
who are willing to contract for filling know that the hands
of the commissioners are tied, and that they cannot offer the
alternative of a cash payment in case they think the terms
otherwise proposed are onerous. The property of the State
in the Back Bay, estimated at millions by the rates at which
similar lands in the same vicinity have recently been sold,
seems to be an interest of sufficient magnitude to justify a
limited expenditure in preparing it for the market.

A portion of the lands included in this tract lies within
the limits of Boston, and another portion within the boun-
daries of Roxbury. The line between the two cities is arbi-
trary, irregular and inconvenient. The Boston sewers must
pass through Roxbury for suitable drainage, and all that
portion comprised within the latter city will be deprived of
much of its value to the Commonwealth, unless supplied
with the Cochituate water, the exclusive property of the
former. I therefore advise that the boundary line be changed,
so as to bring the whole, or nearly all the tract to be filled,
within the jurisdiction of the city of Boston.

The resolves in relation to the Territory of Kansas, passed
by the last legislature, in accordance with the request con-
tained in them, were transmitted to the executives of the
different States. The copy addressed to the governor of
Alal)ama, was returned to me by him, accompanied by an
unwarranted and an undignified communication, in which
he expressed a desire for no further intercourse with Massa-
chusetts. I deemed it my duty, in calm and courteous,

732 GOVERNOR'S ADDRESS.

though plain language, to reply, defending the honor and
dignity of our State, both from his direct charges and covert
inuendoes. A second communication was received from
him, the tone and style of which prechided any rejoinder.

The copy of the same resolves sent to the governor of the
State of Mississippi, was also returned, accompanied by a
letter unexceptionable in its phraseology, and by a preamble
and resolutions adopted by the legislature of that State,
directing its governor in all instances to return resolves on
the subject of slavery, passed by the legislatures of the free
States, to the executive magistrate from whom they were
received.

Massachusetts is consciously too secure in her position,
both in the triumphant present and in the unalterable record
of the past, to be at all affected by any exhibition of bad
taste on the part of those to whom she addresses herself.
And she cordially invites, as she confidently will continue to
send forth, any such communications, and assures her affili-
ated States, that so_far as she herself is concerned, they
shall be received, however opposed to her sentiments or her
policy, in the proper spirit, and with the accustomed comity
of nations.

Gentlemen : —

I can but recognize with grateful obligation my renewed
election to this post of varied responsibility by such an
unprecedented majority, as a testimonial of the appro-
bation by my fellow-citizens of the manner in which my
sincere eiforts have been devoted to the execution of the
labors devolved upon me. Three times have I been called
by the suffrages of her people to the honorable office of chief
magistrate of my native and much loved State. In the dis-
charge of its responsible and multifarious duties which nec-
essarily develops a conflict of opinion, whenever my course
of action has not commended itself, as from the nature of
things was impossible, to the favorable judgment of all, it
has been, and ever will be, an abundant satisfaction that the
consciousness of my own integrity of purpose has sustained
me, and that, in the end, the approval of so many of my
fellow-citizens has affixed their sanction, both upon my
motives and my acts. I gladly avail myself of this oppor-
tunity to earnestly thank them for their confidence, and to
announce my intention of not again allowing myself to be
a candidate for reelection.

But while it falls to my lot to perform the functions of
this office, i shall strive steadily to follow my convictions of

GOVERNOR'S ADDRESS. 733

duty in the time to come, as I have in the past, and to
endeavor so to act, irrespective of mere considerations of
personal popularity or party interest, as to advance the wel-
fare of all our citizens, and the honor of our Common-
wealth. To this end let me solicit your cooperation, with
the confident hope, that by the favor of Divine Providence,
our united deliberations and action may be blessed in their
results to our common constituency and honored State.

SPECIAL MESSAGES.

THE FOLLOWING SPECIAL COMMUNICATIONS WERE MADE BY HIS
EXCELLENCY THE GOVERNOR, TO THE LEGISLATURE, DURING
THE SESSION ENDING MAY THIRTIETH.

[To the House of Representatives, January 10.]

It becomes my duty to make tlie followino; statement of
facts to the legislature. While deeply regretting its neces-
sity, there appears to me no other way whereby I can do
justice to the confidence reposed in me, and, at the same
time, exonerate myself from blame in the transaction :

By chapter 17, Resolves of 1856, the clerk of the house of
representatives was authorized to cause to be completed, an
index of the journals and a catalogue of the papers on tile,
provided the cost of the same should not exceed 8-3,000.
Before I gave my assent to tliis Resolve, I obtained the writ-
ten statement of the clerk of the house that the work could
be performed for the sum specified.

Owing to an obscurity in its phraseology, as to the period
when the money should be paid, the auditor addressed the
legislature on the subject, which body, thereupon, passed
chapter 40, Resolves of 1856, in the following words : —

" Resolved, That the clerk of the house of representatives for the time
being, cause to be completed, under his supervision, the general index of
the journals of the house up to the close of the present 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 work 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 alreadv incurred in the work
aforesaid, under the Resolve relating thereto, approved April 5, lti.3(j.
And the governor is further authorized, as said work progresses, to draw
his warrant for paying the expenses of the same in monthly payments.

736 SPECIAL MESSAGES.

^' JReso'ved, That the Resolve concerning the journals and papers of the
hou?e of representatives, approved April 5, 1856, be, and hereby is,
repealed."

In conformity with these provisions, a warrant was approved
by the council and signed by myself, for $600, on the 5th of
May, to pay for " expenses already incurred in the work afore-
said," as appeared by bills rendered and approved by W. E.
P. Haskell, clerk of the house.

On the 9th of June, a warrant for $423, founded on bills
rendered and approved by Mr. Haskell, was passed by the
council, and signed by myself.

On the 2d of July, further bills for $364, were presented,
but I refused to sign the warrant therefor, until I received a
certificate in writing, from Mr. Haskell, that the work was
progressing in proportion to the payments made thereon.
My messenger returned with the statement that Mr. Haskell
was absent, but that a certificate to the effect desired would
be given me by his assistant, Mr. Gifibrd, if it would be sat-
isfactory. I replied that it would be, when the following
statement was sent me, upon which I signed the warrant.

[Copy.]

Boston, July 3, 1856.
I hereby certify that, in my opinion, the work has progressed in propor-
tion to the amount expended for the same.

S. N. GiFFORD.

On the 1st of August, bills to the amount of $502, were
presented, and on a certificate similar to the above, from Mr.
Haskell, were paid. This certificate cannot now be found,
having probably been mislaid in the office of the secretary
of state, where the warrants are kept on file.

On the 30th of August, farther bills amounting to $304,
were presented, and on sending for the certificate, the fol-
lowing was received and the money paid.

[Copy.]

I hereby certify, that the work on the Indexes of the Journals of the
House of Representatives, &c., is progressing in conformity with the
Resolve of 1856, chapter 40, to the best of my knowledge and belief.

W. E. P. Haskell, Clerk House of Representatives.
State House, August 30, '56.
To His Excellency, Henry J. Gardner.

On the 30th of September, additional bills for $610, were
presented, and on again sending to Mr. Haskell, I received
the following certificate, and issued the warrant.

SPECIAL MESSAGES. 737

[Copy.]
This is to certify, that the work on the General Indexing of the Journals
of the House of Rejiresentatives, has progressed equivalent to the moneys
paid therefor.

W. E. P. Haskell.
September 30, 1856.

On the 31st of October, a claim was presented for S197,
being all the balance of the sum of |3,000 appropriated. I
sent for a certificate and the following was returned to me.

[Copy.]
This is to certify, that the work on the General Indexing of the Journals
of the House of Representatives, and the Catalogue and Index of the
papers, has progressed equivalent to the moneys paid therefor.

W. E. P. Haskell, Clei-k House of Representatives.
October 31, 1856.

I sent my messenger at once with the reply that the cer-
tificate was not satisfactory, inasmuch as the whole sum
would be exhausted by this payment, but if he would certify
that the work was done, I would sign the warrant for the
balance. A message was received from him that he could
not give such a certificate,

I immediately brought the subject to the attention of the
executive council, at whose suggestion a committee of their
number was appointed to investigate the progress of the
work. By vote of the council, I am permitted to subjoin a
copy of their report.

[Copy.]
commonwealth of massachusetts.
Executive Department, Council Chamber, >
Boston, 12tii December, 1856. |

The Committee of the Council to whom was referred the bill of W. E. P.
Haskell and others, for services rendered on Indexing the Journals and
papers of the House of Representatives, under a Resolve of the legisla-
ture passed May 3, 1856, report : —

That they find in the Resolve referred to, a provision in these words :
" The whole expense of the work hereby authorized to be done, not to
exceed the sum of $3,000, * * * and the governor is further author-
ized, as said work progresses, to draw his warrant for paying the expenses
of the same, in monthly payments." Your committee find that the bill
submitted, together with the payments heretofore made, will exhaust the
appropriation made under the Resolve.

Your committee made inquiry of Mr. Haskell, the Clerk of the House of
Representatives, who had the work in charge, to ascertain if the work
authorized had been completed ; that officer stated to the committee, that
while he denied the right of the governor to interfere with his duties, or
our privileges, as a committee, to institute the inquiry, he would, as citi-
zens, give us all the information we might desire.

Y'^our committee, afler this denial of right, did not, of course, care to
press the investigation farther than to learn that the work was about one-

738 SPECIAL MESSAGES.

third completed, and still progressing ; the clerk statin^ that, at the com-
mencement, he knew that the sum appropriated was insufficient for the
contemplated work, and should rely upon the legislature for compensation
for services rendered, beyond the appropriation already made, and this,
notwithstanding his certificates had been given, from time to time, that
" the work was progressing in conformity to the Resolve." In view of all
the facts in the case, your committee would recommend that no further
payments be made on account of the work, without the sanction of the
legislature.

Respectfully submitted,

J. G. Peabody, for the Committee.

Since the date of the above report, December 11th last, I
have no positive information of the progress of the work.

[To the Senate, January 10.]

I transmit herewith, for the use of the legislature, a com-
munication from Issachar J. Elliott, esq., relative to the
Dudley Indians.

The suggestions of the guardian of these Indians are
entitled to grave consideration, and although personally but
slightly acquainted with their condition, 1 am satisfied the
lingering half-breed and mixed remnants of this, and other
tribes, do not now possess those physical comforts or intel-
lectual and religious privileges they would enjoy were they
to become inmates of one of our State institutions. With-
out expressing any opinion upon the expediency or propriety
of such removal, I commend the whole subject to your
consideration.

[To the Senate, January 10.]

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 Northampton.

2. Reports of the inspectors, superintendent and phy-
sician of the State Almshouse, at Bridgewater.

3. Reports of the inspectors, superintendent, physician
and chaplain of the State Almshouse, at Tewksbury.

4. Reports of the inspectors, superintendent and chaplain
of the State Almshouse, at Monson.

5. Reports of the trustees and superintendent of the State
Lunatic Hospital, at Worcester.

6. Report of the adjutant-general.

SPECIAL MESSAGES. 739

[To the House of Representatives, January 10.]

I transmit, herewith, for the use of the legislature, the
tenth annual report of the trustees of the State Reform
School, at Westborough, with the accompanying reports of
the officers of the institution.

[To the Senate, January 12.]

I herewith transmit, for the use of the legislature, the
third annual report of the trustees of the State Lunatic
Hospital, at Taunton, with the accompanying reports of the
officers of the institution.

[To the House of Representative.^, January 12.]

I transmit, herewith, for the use of the legislature, the
annual report of the Commissioners of Pilots.

[To the House of Representatives, January 13.]

I herewith transmit, for the use of the legislature, the
reports of the inspectors, warden, chaplain and physician of
the State Prison.

[To the House of Representatives, January 14.]

I transmit, herewith, for the use of the legislature, the
annual report of the land agent.

[To the House of Representatives, January 16.]

I transmit, herewith, for the use of the legislature, the
report of the agent of Charles River and Warren Bridges.

[To the House of Representatives, January 17.]

I transmit, herewith, for the use of the legislature, the
annual report of the superintendent of alien passengers.

[To the Senate, January 27.]

I transmit, herewith, for the use of the legislature, the
fifth annual report of the commissioners on the Back Bay.
Also, the third annual report of the inspectors of the hos-
pital at Rainsford Island.

[To the House of Representatives, January 27.]

I transmit, herewith, for the use of the legislature, the
report of the trustees of the State Industrial School for
Girls, with the accompanying reports of the officers of the
institution.

[To the House of Representatives, February 2.]

I transmit, herewith, for the use of the legislature, the
report of the commissioners appointed under Act of 1855,
for the erection of a third hospital for the insane.
44

740 SPECIAL MESSAGES.

[To the Senate, February 2.]

I herewith transmit, to the senate, for the use of the
legislature, the enclosed communication from the adjutant-
general.

[To the House of Representatives, February ".]

I transmit, herewith, for the use of the legislature, the
annual report of the commissioners of alien passengers.

[To the House of Representatives, February 13.]

I transmit, herewith, for the use of the legislature, the
annual report of the treasurer of the Marshpee and Herring
Pond Indians.

[To the House of Representatives, March 4]

By chapter eighteen. Resolves of eighteen hundred and
fifty-one, a reward was ofiered of ten thousand dollars, " to
any person within this Commonwealth, who shall satisfy the
governor and council that, by a test of at least five succes-
sive years, he has discovered a sure and practical remedy
for the potato rot."

A very large number of applications have been made for
this reward, both from within and without the State, and a
vast variety of theories have been suggested, most of which
have been asserted to be a '' sure and practical remedy," for
the disease.

It is obvious that, amid such conflicting claims and con-
tradictory theories, the governor and council are not the
most proper body to arrive at the correct result. Some of
them are both practically and theoretically unacquainted
with the science of agriculture. Under these circumstances,
and in concurrence with the views of both the past and
present council, I would suggest to the legislature the
expediency of transferring the applications to the board of
agriculture, for their examination, practical testing on the
State Farm, and final adjudication.

[To the House of Representatives, March 6.]

I have this moment received a copy of the following Order,
adopted by the house yesterday : —

'■'■Ordered, That his excellency the governor be respectfully requested to
transmit, for the use of the legislature, the Annual Report of the Board of
Education ; and that the clerk be directed to convey this request to his
excellency."

At the time of the adoption of the Order, I had not
received any annual report from the board of education.

SPECIAL MESSAGES. 741

I have this morning received it, however, under cover of
a note from the secretary, of this date, and I transmit it
herewith, with the secretary's communication.

[To the House of Representatives, March 7.]

I return to the house of representatives, in which body it
originated, a Resolve, entitled, a " Resolve in relation to
furnishing Public Information to Daily Papers," with reasons
for declining to give it my official approval.

The Resolve provides, "That the Secretary of the Com-
monwealth, and other State officers, be authorized and
directed to furnish, at the same time, to" all daily papers
published in the city of Boston, all announcements of ap-
pointments, returns of votes, aiid public notices designed
for the general information of the people, issuing from the
secretary's office, and other departments at the State House,
for the publication of which no money is paid by the State."

My first objection to the Resolve is, that it is unnecessary,
and so far as my knowledge extends, unprecedented iu the
history of either of the States, or of the General Govern-
ment. No one will assert, I presume, that the ends of
public information have not been satisfactorily answered by
the publication of appointments, returns of votes, and public
notices, in the way that public use has sanctioned in our
Commonwealth for three-quarters of a century.

The Resolve is a direct interference, in my judgment, with
the legitimate functions of the executive brauch of the
government, and therein conflicts directly with that provision
of the Constitution of Massacliusetts, which declares, "• that
the legislative department shall never exercise the execiitive
and judicial powers, or either of them, * * * to the
end it may be a government of laws and not of men." It
certainly must be deemed a novel, as well as indefensible
encroachment on the province of the executive, to attempt
to dictate in what manner purely executive acts shall be
promulgated. To illustrate my meaning, let me instance,
til at in a few days, in accordance with long and hallowed
custom, I shall issue a proclamation for the annual Fast.
Is it not a direct attempt to usurp powers not properly
belonging to the legislature, to endeavor to compel me to
furnish a copy of that proclamation " at the same time,"
" to all daily papers published in the city of Boston ? "

Another oljection consists, in the necessary delay in fur-
nishing the j)ublic with information, wliich would be caused
by this Resolve, though it doubtless is intended to promote
the facility of communicating it. At present, a copy of the

742 SPECIAL MESSAGES.

return of votes, or proclaiiiatioii, is fiiriiished to one paper,
from which the live or six evening dailies can, if they see
fit, reprint it within six or eight hours of its first publish-
ment, and the remainder within a day after it first appears.
While it would sometimes require, (as for instance, the
results of the official vote of last fall,) several days, to pre-
jtarc a sufficient number of manuscript copies, to furnish
one to each paper "at the same time."

Its unnecessary cost is another objection. Complaint has
been made of the increasing expenses of the extra clerk
hire in the office of the secretary of state, but if this Resolve
becomes a law, the present force would probably prove
entirely inadequate ; the same is more or less true of the
other heads of departments, and most probably the chief
executive magistrate would be compelled to apply for an
appropriation for a private secretary.

A much longer array of matter would be furnished for
publication for " which no money is paid by the State "
than, probably, the legislature, or the newspapers, contem-
plate. More than a hundred commissions are sometimes
issued in a single day, upon reappointvienfs alone, to the
various offices of justices of the peace, notaries public, and
others similar. The State, by this Resolve, is required to
furnish some fifteen manuscript copies of all these daily,
while it is very probable in a short time the papers would
cease to print them. They are certainly under no obligation
not to refuse, and much of the matter would be of so little
interest, that it would disappoint but few readers if omitted.

It may also be justly questioned whether it is entirely
consistent witli the dignity of the Commonwealth to send
voluminous matter to the daily papers, tacitly, at least,
asking their services and their favor, and at the same time
declaring, that for these services " no money is paid by the
State." Would it not be more consistent with her dignity
and propriety, to publish such executive acts as the executive
power deems the public will be interested in knowing, in
some one or more papers, and paying therefor a reasonable
and satisfactory compensation ? This last course is precisely
the one now existing.

It may not be amiss to notice the absolute impossibility of
complying with the precise tenor of the Resolve, which pro-
vides that the " secretary," " and other State officers " be
" directed to furnish at the same time, to all daily papers."
Had this been phrased to read " upon the same day,"
obedience to it would not have been morally impossible.

The thought naturally suggests itself why daily papers " in

SPECIAL MESSAGES. 743

Boston" alone, are included in the Resolve. I know of no
exigency wliicli would render necessary a grave legislative
act of this character, regarding the Boston papers, which
would not extend to all the other daily papers in the State,
nearly equal in number to those included in the Resolve, and
none of them more three hours distant from Boston.

For the reasons, then, that in my judgment this Resolve is
nnprecedented in the legislation of any State ; — that it is an
arbitrary, unjust and unconstitutional encroachment upon
the freedom and privileges of the executive department,
and an unauthorized attempt at dictation as to the manner
in which its peculiar duties shall be done ; that it would
cause an unnecessary delay in furnishing our citizens with
information from that department ; — that it would create
very considerably increased expense, which our treasury can
ill afford to bear ; — that it is inconsistent with the dignity of
the Commonwealth to seek to compel, by a Resolve, the
authorities of the State to continue to send, day after day, a
very large amount of matter to any newspaper wliich has
not asked for it, does not want it, and even may publicly
refuse to print it ; and that it is an absolute impossibility to
comply with the specified requirements of the Resolve, — I
feel justified in withholding from it my approval.

[To the Senate, April 3.]

I transmit, herewith, for the information of the legislature,
a " Geological Report on the Sandstone of the Connecticut
Valley, and especially on the Fossil Footmarks found in it,"
by Prof. Edward Hitchcock, of Amherst, accompanied with
explanatory plates, — the duties of preparing which were
intrusted to him by authority of chapter 28, Resolves of
1852.

[To the House of Kepresentatiyes, April 28.]

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.

[To the Senate, May 6.]

I transmit, herewith, for the use of the legislature, the
report of commissioners appointed under Resolve of 1856,
chapter 58, concerning the artificial propagation of fish.

[To the llouse of Representatives, May 9.]

I transmit, herewith, for the use of the legislature, certain
resolutions recently passed by the legislature of the State
of Maine, in relation to the decision of the Supreme Court
of the United States, in the case of Dred Scott.

744 SPECIAL MESSAGES.

[To the House of Representatives, May 9.]

On the 5th instant, I received the following Order of
inquiry of the honorable house of representatives : —

" Ordered, That his excellency the governor, be requested to inform
the legislatui-e, if not inconsistent with the public interests, whether the
commissioners appointed bj-, or in pursuance of tlie 450th chapter of the
acts of the legislature of 1854, or either of them, be now in office, or be
now performing any functions as commissioners in relation to rebuilding,
or repairing, or superintending Charles River and Warren Bridges ; and
also, whether said commissioners, or either of them, be now receiving, or
have received during the year last past, directly or indirectly, from the
treasury of the Commonwealth, the agent of said bridges, or otherwise, any
compensation or allowance for services performed during the past year,
under provisions of said act, and, if so, whether the public interests requires
their continuance in office."

On referring to the chapter specified in the order, namely,
chapter 450, Acts of 1854, 1 find it to be " An Act concerning
the possession and use of Billiards, Bowls, and other like
implements for other purposes than gaming," and no com-
missioners are authorized or have been appointed under its
provisions. Presuming from the context, that the house of
representatives intended to refer to chapter 451, Acts of
1854, I proceeded to make the proper inquiries of the audi-
tor and the superintendent of Charles River and Warren
Bridges. Before giving copies of their replies, however, I
would refer the house of representatives to printed House
Document, No. 176, of the session of 1856, in which two of
the commissioners, Messrs. Holmes and Marsh, under date
of February 18, 1856, " in behalf of the commission,^^ make
the following declarations : " The Warren Bridge is now
substantially finished, and as all that remains to be done can
as well be done by the state agent, without supervision,
your commissioners respectfully suggest that the com7nission
be vacated. In surrendering the authority vested in your
commissioners, they are proud in the belief that the avenues,
built and repaired under their direction, are as substantial,
convenient and permanent as they could be made, and in
every respect not surpassed by any similar structure in the
State." They also state that " they beg leave to present
their last quarterly report." Inasmuch as the work was
then completed, the commissioners suggesting that " the
commission be vacated," declaring that they then presented
their " last quarterly report," and " surrendered the author-
ity vested in them as commissioners" ; and inasmuch as no
service has been performed since, and none remains to be
performed, I entertain the opinion that the commission
virtually expired more than a year since.

SPECIAL MESSAGES. 745

The following replies to questions propounded the auditor
and the superintendent of the bridges, answer all the other
points embraced in the order of inquiry.

Auditor's Office, Boston, May 7, 1857.
To His Excellency Henry J. Gardner,

Governor of the Commonwealth.
In answer to your excellency's inquiry %vith regard to the amount paid
from the State treasury, " during the year last past, to the commissioners
appointed for the purpose of rebuilding Charles River and repairing
Warren Bridges, under the Act of 1854, chapter 451," I would state, that
the last payment made to said commissioners, was for services rendered in
full for the quarter ending February 18, 1856.

I have the honor to be, very respectfully, your ob't serv't,

(Signed) C, R. Ransom, Auditor.

To His Excellency Henry J. Gardner.

In compliance with your request, this day received, I hasten to answer
the inquiries contained in the Order which you forwarded me, as fol-
lows : —

Since the last report of the commissioners, submitted to your excellency,
February 18-, 1856, no duties have been performed by them, or either of
them, upon the bridges, to my knowledge.

No compensation has been made by me to any member of the board of
commissioners, directly-, but the Hon. T. T. Sawyer, by virtue of being a
member, as Mayor of Charlestown, has, and still claims and enjoys the
privilege of passing over the bridges free of toll.

The public interest does not require the continuance of that commission,
as the work for which it was created, was finished when their last report
was made, February 18, 1856. That report contained a statement of the
progress of the work, and a declaration of the inexpediency of continuing
the commission, being signed by Messrs. John S. Holmes and J. F. Marsh,
two of the commissioners, and a majority of the board.

I have thus as briefly and explicitly as possible, answered such of the
(juestions contained in the Order, as come within my knowledge.

Respectfully, your ob't serv't, •

(Signed) Jeremiah S. Remick,

Agent Charles River and Warren Bridges.

Charlestown, ]\Iay 8, 1857.

From the foregoing statements it appears that the two
commissioners, receiving their appointment from the execu-
tive, vacated their office more than a year ago, and if the
third member of the board, who was placed there by statute,
continues to receive, " directly or indirectly, any compensa-
tion or allowance for services performed during the past
year," and " if the public interest " does not require his
" continuance in office," the matter is wholly beyond executive
control, and can only be reached by the same power that
placed him in office, that is the legislature itself.

746 SPECIAL MESSAGES.

[To the House of Representatives, May 26.]

I return, herewith, to that branch of the legislature in
which it originated, a Bill entitled, " An Act in addition to an
Act authorizing a loan of the State Credit, to enable the Troy
and (xreenfield Railroad Company to construct the Hoosac
Tunnel," with my reasons for withholding from it my offi-
cial sanction. In the brief time allowed me, and amid the
claims of many other important questions pressing on my
consideration at the close of the session, I am conscious of
my inability to give so thorough a review of this Bill, as
under more favorable circumstances I should be enabled to
do.

Suffice it to say, I have not reached the conclusion that it
becomes my imperative duty to veto the proposed measure,
without careful attention to its details, nor without the most
confident assurance that I am performing an act of plain
and positive duty to the Commonwealth.

In the early efforts of the friends of this project for State
aid, I sympathized to a great degree, and my name appears
among the petitioners therefor. That aid has been granted
upon certain condftions, and the financial interest and secu-
rity of the Commonwealth absolutely demand that such aid
should continue to be rendered only as auxiliary and second-
ary to what the corporation and its stockholders accomplish,
and then only with special and rigid safeguards to protect
the treasury from any eventual loss. Our State should not
become a copartner in any such undertaking, directly or in-
directly, under any circumstances, nor should it grant its
indorsement except under restrictions tantamount to a posi-
tive guaranty that it should not, at some future day, be com-
pelled to lose the sum already advanced, or to complete, with
its own resources, a gigantic work, the cost of which, is
hypothetical, the time required for the construction of
which, is indefinite, the extent of whose benefit, is a matter
of dispute, and the profits to be derived therefrom, if com-
pleted, are entirely problematical.

After unsuccessful eflbrts for a number of years, the Troy
and Greenfield Railroad Company, in 1854, procured the
passage of an Act granting to it, under certain conditions
and at certain times, the loan of the credit of the Common-
wealth to the amount of $2,000,000. This Act was accep-
table to, and accepted by, the corporation. Although over
three years have elapsed, it is worthy of remark that the
company have not been able yet to avail themselves of the
first instalment of the State scrip.

This agreement between the State and the railroad com-

SPECIAL MESSAGES. 747

pany, involvino- great responsibility and the assumption of
very large obligations on the part of the former, should not
be varied so as to increase the liability of the Commonwealth,
or diminish its security against ultimate loss, without at least
great circumspection, and for cogent reasons.

This fact has been recognized by your predecessors who
have refused to comply with the solicitations of the corpora-
tion. To the legislature next but one succeeding that which
made the compact, which the railroad company on its part
ratified, we find an application made for such change in the
terms of agreement, as that the State should become a
copartner with the stockholders, by subscribing for a portion
of the stock, with the privilege of appointing a part of the
board of directors. This scheme was rejected by your pre-
decessors in the house of representatives, only about one-
quarter of its members voting in favor of it, and there being
a majority against it from every county in the State but one.

At the present session, we find the Petition of the corpo-
ration, (House Document, No. 18,) for a farther change in
the mutual compact. This Petition states, " That a slig-ht
change in some of the terms contained in said second sec-
tion, while it would not lessen but rather increase the secu-
rity of the Commonwealth, would greatly aid the enterprise
by allowing a prudent economy in the expenditure of its
means." And again, " Your petitioners * * * ask that
they may be released from the obligation of finishing the
eastern division in one continuous section, and that in lieu
thereof they may be required to expend an amount equal to
35 per cent, on each installment of the Slate loan vpon the line
betiveen the eastern terminus and Shelburne Falls, and after
that part of the road is completed, then in like manner a like
amount shall be expended before the receipt of each subse-
c/uent installment, vpon the balance of the line, until the whole
is completed.''^

This is what the company ask in their official Petition.
And yet the committee report, and the Bill proposes, no such
change. On the contrary, the alterations are of a radical
and not a '•'' slighV'' character; they dispense with the obliga-
tion that the railroad company shall build ready for use
three miles of railway prior to the second installment, and
five miles prior to the payment of each of the third, fourth
and fifth installments, and they dispense also with the secu-
rity of eighteen miles of finished railway Which the original
Loan Act required should be given to the State in part secu-
rity for its advances from time to time. While this portion
of the security is surrendered, a diminution in the amount

748 SPECIAL MESSAGES.

to be advanced is made, but in a much less proportion than
the cost of the relinquished railroad. The committee state :
" If it is asked why not maintain the same relation between
the State advances and the security which pervades the pres-
ent Act, and make it real and substantial ? The reply is,
that such a provision ivovld fail to afford the relief and
co-operation ivhich the conqiany 7ieed; that it wonld not be
acceptable to, or accepted by them, and we should remain
only where we are, facing the losses of the present Act."

In short, the existing or original Tunnel Bill provided,
that while the State was liberally granting money from her
treasury, those who sought her aid, who had confidence in
the success of their project, and who were to be benefited by
it, should show their sincerity, and at the same time properly
aid in guarding her from loss, by also paying their share
toward the progress of this work. The Bill now under con-
sideration substantially proposes to relieve the corporators
from paying their share of the joint expense, and throws the
main cost of the experiment upon the Commonwealth.

It becomes necessary at this point of the investigation, to
consider the available resources of the Troy and Greenfield
Company, for the purpose of forming an opinion as to their
capability of successfully continuing the enterprise they have
commenced, and now ask the Commonwealth for further
aid to enable them to complete. For I presume few men can
be found in the legislature who would favor any propo-
sition which tends to throw the responsibility of building
this railroad and tunnel upon the Commonwealth, and prob-
ably not many who advocate entangling the State with a
corporation whose resources are inadequate to the prodigious
task before them. The whole theory of State aid is based
upon assisting healthy and responsible railroads, who can
give absolute and undoubted security for the assistance they
receive.

The Troy and Greenfield Company was chartered in May,
1848, or nine years ago. In Senate Document, No. 2, for
the present year, signed and sworn to by D. N. Carpenter,
and sworn to, though not signed, by James Cheever, it ap-
pears that the whole amount of its capital stock is one and
a half millions of dollars ; the whole amount paid in, is but
$148,905.77, and the total amount of its funded (there
l)eing two mortgages on the road) and floating debt, is
$76,148.83.

House Document, No. 201, for the present year, also
shows that the whole number of individual stockholders is
1,085, of whom 254, or one-quarter part, have never paid

SPECIAL MESSAGES. 749

an assessment. A comparison between this Report and the
Report of last year shows, that during the past year there
have been ei^ht new subscribers, who in the aggregate have
taken ten shares, and paid on them, $442. It cannot be
denied that these are very discouraging statistics on which
to build a hope that the corporation is vigorous and healthy,
and in a fair way speedily to drill a tunnel through solid
rock, of about four miles and a half in length, and to con-
struct and equip a railroad .forty-two miles long.

Perhaps the fairest test of the feasibility, importance and
probable pecuniary returns of a railway at the present day,
is the readiness with which the New England mind appre-
hends them, and the quickness with whicli individual New
England enterprise and capital are stretched forth to its
succor and advancement. It is claimed that two sections of
our State are to be especially benefited by the road under
consideration : the city of Boston and the towns situated in
the Hoosac and Deerfield Valleys. No one will deny but
that both these localities contain sufficient intelligence to be
awake to their own interests and wants, and abundant infor-
mation as to the feasibility and profit of this undertaking.
They are far better judges of its necessity and probable suc-
cess than interested contractors or theorizing speculators.

Now what have these two sections done to aid this under-
taking ? What has Boston done, — with her immense wealth,
and her many millions invested and seeking investments in
railroad property throughout our Union, — where a million
of dollars has been more than once subscribed to railway
corporations in a single forenoon, by her shrewd, sagacious
and far-seeing capitalists 'i The Report gives tlie names of
the stockholders, though not their residences, yet by a care-
ful comparison of the list with the Boston Directory, it
appears that the whole amount of Boston subscriptions does
not amount to one hundred shares, and of this a very incon-
siderable portion, a few hundred dollars only, has been
paid in.

Next, turning to the towns in the immediate vicinity of
the tunnel, we find that by chapter 394, Acts of 1855, fifteen
towns, presumed to be most interested, were authorized to
subscribe to the stock of this road, in their corporate capa-
city, to the extent of three per cent, on their last valuation.
In House Document, No. 125, for 1853, it is stated: "The
population [of these two valleys] is keenly alive to the
importance of the subject, and await with intense interest
the action of the State."

The annexed table shows the names of these towns, the

750

SPECIAL MESSAGES.

sum they were authorized to subscribe, the sum they did
subscribe, and the sum paid in on such subscription.

TOWNS.

Authorized Sub-
scription.

Amount Sub-
scribed.

Amount raid.

Ashfield, .

$15,777 03

Nothing.

Buckland, .

6,833 19

100 shares.

Nothing.

Conway, .

20,384 76

Nothing.

Colrain,

19,286 89

Nothing.

Charlemont,

10,839 33

100 shares.

Nothing.

Deerfield, .

30,279 18

Nothing.

Greenfield,

32,186 67

Nothing.

Ilawley, .

8,196 36

Nothing.

Heath,

7,809 20

Nothing.

Monroe, .

1,816 14

Nothing.

Rowe,

6,462 96

Nothing.

Shelburne,

14,126 22

120 shares.

Nothing.

Adams,

51,734 52

200 shares.

$1,400 00

Florida, .

4,351 47

Nothing.

Williamstown,

29,199 27

Nothing.

Totals,

1259,283 19

520 shares.

$1,400 00

We here find fifteen towns in the immediate vicinity of the
iindertaking, more specially interested than any others, au-
thorized by a special statute to subscribe for over a quarter
of a million of dollars of stock in their corporate capacity,
subscribing for only five hundred and twenty shares, and
paying in the small pittance of fourteen hundred dollars.

Is it not a question worthy of serious doubt, if the people,
and the towns, who are the most interested and best informed
upon the subject, refuse to aid in the completion . of this
enterprise, whether we who are charged for the time being
with authority to act for the whole State, are justified in com-
mitting her further to an undertaking of so perilous, or at
least so questionable a character ?

SPECIAL MESSAGES. 751

It is not necessary to refer to many important collateral
and incidental questions. I will not dwell upon the change
in the contract for the dimensions of the tunnel from that
given in House Report for 1853 " of sufficient width for two
tracks, and twenty feet high," to the width of a single track
only and eighteen feet in height; nor upon the rejection of
the amendment, that the subscription preliminary to the
payment of the first State instalment should be an uncondi-
tional cash subscription ; nor upon the want of suitable State
Commissioners, charged with seeing that the money of the
State is properly expended.

Neither do I propose to consider the probable length of
time necessary to complete the tunnel, — nor its cost, — fur-
ther than to point out bases of calculation furnished by the
company's own figures. The Majority Report (House Doc-
ument, No. 142,) says : " The expenditures up to this time
for preliminary and incidental expenses, for the graduation
and masonry of the seven miles of the road west of the
Hoosac Mountain and for some six to seven hundred feet of
the tunnel, are stated to have been about $325,000."

Now we know by the sworn Reports of the company, just
what all this but the " six to seven hundred feet of tunnel "
cost, namely, $176,000. It appears then that " six to seven
hundred feet," say 650 feet of tunnel, cost actually $149,000.
The fact that this was at the entrances, and therefore easiest
to reach and remove, being considered a fair offset to the
want of experience among the laborers, (though House Doc-
ument, No. 218, says, " the force now at work is well disci-
pUned,") we find the cost of excavation to be $230 per foot,
or about ^ye million five hundred and twenty thousand dol-
lars for the whole tunnel, or some three million four lumdred
thousand dollars more, on the tunnel alone, than the whole
of the proposed loan and all the capital stock which is paid
in, to say nothing of the cost of forty-two miles of railroad
and its equipment. Justice to the committee requires me
to add that they do not vouch for the correctness of these
figures, but declare " they are stated " to them, of course by
the corporation, and on them they base their whole estimates.

We have also another basis of calculation furnished by
official reports to the present legislature. In House Docu-
ment, No. 201, p. 37, in a foot note, the president of the
Troy and Greenfteld Railroad Company states that Haupt &
Co., tlie contractors on the tunnel, " have probably paid upon
their stock at least $75,000 ; and they have earned also in
cash and bonds, probably $150,000 in addition." Assuming
these " probable " figures to be correct, it makes $225,000

752 SPECIAL MESSAGES.

which they have expended upon the tunnels, and their profits,
if any. In House Document, No. 218, we find that " the
tunnel is completed 274 feet, and they have penetrated into
the heading, so called, 247 feet." In the " little tunnel "
they have completed 255 feet and made a heading of 185
feet. Now, let us call the 432 feet of " heading " completed
tunnel, as well as the 529 feet really drilled out large enough
for a single track, and we shall have 961 feet of tunnel, cost-
ing, as before stated, $225,000, which gives the cost per foot
as 8234.12, or nearly the exact result of the previous calcu-
lation. This is exclusive of the approaches to the tunnel,
as well as of 185 feet of " heading " at the western end,
wliich the Report says, " it has been found necessary, to
keep it from falling in, to support with heavy timbers." If
the sum of $80,635, stated in House Document, No. 201, as
having been paid in, is really a cash payment for stock, and
not money spent in tunnelling, it will partially offset the
liberal allowance in calling the 432 feet of heading, which
House Document, No. 218, says, is " six and one-half feet
by ten," as completed tunnel, measuring " eighteen feet by
fourteen."

The time necessary for completing the tunnel is not abso-
lutely material to the present question, yet past estimates
and statements of the corporation and of committees favor-
able to it, are of value in the light of later experience.
House Document, No. 125, for 1853, says : "Your committee
are well satisfied the work may be commenced at each end
of the Hoosac Tunnel, that three shafts can be sunk, and the
work driven from eight faces. By this course the tunnel may
be accomplished in four to five years." Shafts proving im-
practicable, however, it is now, tacitly at least, conceded that
the tunnel can be advantageously worked only at the two
ends. If " driving eight faces " can complete it in " four to
five years," two faces would demand sixteen to twenty years.
That committee " placed great reliance " on the great " bor-
ing machine," which proved a failure, and is now at the
eastern end of the mountain, a crumbling and rusting mon-
ument of sanguine, but wild and delusive expectations.

But we are furnished with later and more reliable data,
in the Report of the Special Committee sent by the House of
Representatives to this locality (House Document, No. 218)
to collect such information as they could respecting the pro-
gress of the work. It appears by this that the eastern head-
ing was advanced as follows: In April, 72 feet; in March,
52 feet ; in February, 44 feet ; total, 168 feet in three
months ; and as the progress on the west side was " about

SPECIAL MESSAGES. 753

the same," this would give 1,344 feet progress per annum,
on the whole tunnel. The whole 24,100 feet, at that rate,
would require eighteen years for its completion, or precisely
the time of the previous estimate.

It should be borne in mind, as experience proves it to be
a general rule, that in all tunnels, unforeseen, unexpected
and most strangely varied delays, obstructions and difficul-
ties have arisen, which have increased the cost and pro-
longed the time of construction beyond the estimates. These
have in some instances been two, three or four fold more than
was anticipated. It is improbable the Hoosac Tunnel will be
an exception ; the wisest cannot now foresee what the precise
impediments maybe, though every one knows, in all human
probability, more or less will be met with, and experience
alone can prove whether they will increase twofold, or ten-
fold, the cost and time necessary for the construction of this
work.

Let us now assume that the Troy and Greenfield Rail-
road, with its tunnel, is finished, and the road properly
equipped ; and further, that its cost is within the amount of
the 12,000,000 State loan, and the $150,000 capital paid in.
Then let us examine the character of the security the State
has for its indorsement, that security being only a first
mortgage upon the road and its equipmen-t.

"We have reliable data for this estimate, as we know the
market value of the first mortgage bonds of other roads, '
built as links in various chains connecting the Atlantic with
the western waters, in competition for through freight and
travel with this very road. They are under somewhat sim-
ilar circumstances with the Troy and Greenfield Railroad, in
that they pass mainly through a sparsely settled country, and
are chiefly single track roads. In one thing, however, they
all have a great advantage over it, as neither of them have
any natural obstacle, requiring enormous expense to over-
come, like the Hoosac Mountain.

The following table shows the amount of capital stock of
the four railroads specified, — the amount and kind of their
mortgage bonds, — the market value of the first mortgage
bonds of each, — their aggregate value in dollars, — and their
percentage in value upon the amount of stock and bonds
united, which is assumed as the cost of the work in each
case : —

754

SPECIAL MESSAGES.

Name of Corpora-
tion.

Capital
Stock.

Amount of Bonds.

1st mor. bonds
Market value.

Value in
dollars.,

Per ct. of val-
ue on aggreg'te
of st'k & b'nds

Ogdensburg,

Vermont Cent'I,

Rutland & Bur-
lington,

Vt. and Mass., .

!ffl,468,738
5,000,000
1,676,500

2,232,540

Istmort., Sl,500,000
2d mort., 3,000,000

Istmort., 2,000,000
2d mort., 1,500,000

1st mort., 1,800,000
2d mort,, 1,200,000
3d mort., 1,200,000

1st mort., 956,900

67 per cent.
20 per cent.
29 per cent.

66 per cent.

$1,005,000
400,000
522,000

631,554

17 per cent.

5 per cent.

lOJ per cent.

20 per cent.

We find the value of the first mortgage bonds of these
four roads to range from five per cent, to twenty per cent,
upon the aggregate of their stock and bonds united, which
represent the cost of the road, exclusive of floating debt.
The average market value of the first mortgage bonds of
these four roads is about eleven per cent, upon the aggre-
gate of their stock and bonds. If this be taken as the fair
value to the first mortgage bondholders of the bonds of the
Troy and Greenfield Railroad, we shall reach the following
result : —

State loan,

Private subscription,

1^2,000,000 00
150,000 00

12,150,000 00

Value of first mortgage bonds is eleven per cent, on that
amount, which is $236,500, showing a loss to the State of
one million seven hundred and sixty-three thousand dollars,
assuming the road was finished and equipped to-day for the
amount of the State loan and the stock paid for.

If it is said this is an unfair estimate, we can take alone
the Vermont and Massachusetts Railroad, which joins the
Troy and Greenfield on the east, and forms a portion of the
same line with it from the Hudson to the Atlantic. The
statistics in regard to it are taken from the sworn returns to
the State, and by our table we find its bonds are selling at
twenty per cent, of its cost, as shown by the aggregate of its
stock and bonds. At that rate the State would be a loser,
were the Troy and Greenfield Road completed to-day, to the
amount of 11,570,000. In other words, for every dollar she
advances, she takes a mortgage, worth in State Street to-
day, just twenty cents.

SPECIAL MESSAGES. 755

It must also be considered as a most pregnant fact that
the local travel, in the outset, was asserted to be sufficient to
make a remunerating business. Now, it is stated in the
Majority Report, that the ability of the seven miles of rail-
road, west of the Hoosac, to earn much, if any, above its
running expenses, the tunnel being incomplete, is question-
able. " The thirteen miles which would be built on the
easterly side of the mountain," the Majority say, " would
be valueless. No one familiar with the country and its pres-
ent resources, and also with the expenses of railroad trans-
portation, would venture an opinion that it would ever pay
its running expenses." They further declare : " But un-
fortunately, in the judgment of your committee, there is no
immediate and adequate use for the thirty or forty miles of
railroad, proposed by the Act to be completed ere as yet *

one-third of the tunnel is wrought. The tunnel and the
problem of its successful completion is the key of the whole
enterprise. Then, and then only, can value be given to the
line : a reliable value, exceeding; that of the iron luhich lies
upon it.'" These statements present a sad contrast to the
estimates of its advocates, in its earlier stages, when statistical
tables were presented to show the immense local business,
arising from its agricultural productions, manufactories, tan-
neries, grist-mills, saw-mills, marble, serpentine, soapstone,
flagging stones, iron ore, &c., <tc.

Your committee, however, think that these serious evils
will be obviated by the completion of the tunnel. In their
own words, " the tunnel, and the problem of its successful
completion, is the key of the whole enterprise." Its success-
ful completion is certainly an unsolved problem, but let us
assume that it is completed. And then will this road be able
successfully to compete for the traffic with the great West ?
Along the chain of waters connecting the Atlantic, at New
York, with the great lakes, we find several competing rail-
ways north of it, reaching to the ocean, and several south
of it, and with hardly an exception, their stock is ruinously
depreciated, and, as we have seen, their bonds are at a very
great discount. None of them can at all compete with the
water carriage down the Hudson or St. Lawrence, and the
aggregate of their freight is but a small per cent, of the
quantity water-borne to the ocean. Is it not, then, futile to
hope that this new competitor, with so meagre a capital,
with a single track, and with a natural obstacle to overcome
compared with which every thing in American engineering
sinks into insignificance, will be able profitably to participate
in this enterprise ?

756 SPECIAL MESSAGES.

Look at one single competing line, which was not built
when this road was chartered, — the Hudson River Railroad.
I contrast the facilities of the two in the following table : —

Kame of Boad.

Length from Al- „ .^ ,

, Capital paid in.
bany to N. York.

Cost.

Double Track.

Hudson River R. R.,

Troy and Greenfield
Railroad,

144 miles,

Distance from
Troy to Boston.

186 miles.

$4,000,000
143,900

$13,000,000

Contract.

3,880,000

100 miles.
51 miles.

House Document, No. 125, for 1853, also says : " The
grades and curves on the Hudson River and Harlem Roads
are more favorable than on the Troy and Greenfield Roads."
Now who can believe, on reflection, that the tunnel line can
compete, for freight or passengers, with a road forty-two
miles shorter, — whose grades and curves are more favorable,
— which has two tracks for more than two-thirds its length,
— and which ends at the great commercial emporium of our
country ?

It has been assumed that the road and tunnel can be
completed by the aid of the present proposed loan of
$2,000,000, and such subscriptions as it seems probable
from the past action of the corporation it will be able to col-
lect. But this assumption, the best information within my
reach convinces me, to a moral certainty, is groundless and
erroneous. The present resources of the railroad corpora-
tion, are its capital stock actually paid in, $143,905, and
contingently $2,000,000 State scrip; this cash subscription
of less than $150,000, being the result of its nine years eflbrts
since it was chartered. We are told, too, in House Docii-
ment, No. 142, that " the whole work is now under contract
and prosecution for the sum of $3,880,000." Whence is
the necessary balance, which, according to present estimates
is one million seven hundred and thirty thousand dollars, to
be obtained ? With commendable frankness, the majority
of the committee say in the same Report : " Future legisla-
tures may see fit to modify those features still further, and
to carry out more fully that change of policy w\\\c\\ we now
recommend only to a limited extent." " For this purpose
we reserve the right to the legislature of absolutely repeal-
ing this Act, which power virtually includes that of modify-

SPECIAL MESSAGES. 757

ing' ity In other words, they seem to indicate that having
adopted " a change of policy" of throwing greater responsi-
bility with less security upon the Commonwealth, and less
expenditure upon the railroad corporation, " future legisla-
tures may see fit to carry out more fully this change of
policy." I cannot aid in any change of policy whereby this
corporation may receive the bonds of the State on any
more favorable terms for itself, while it appears that under
the present arrangement, supposing the road is finished for
half the price at which it is contracted for , the security given
the State for each dollar she advances is worth as cash but
twenty cents.

Fully satisfied as I am, that if " this change of policy "
is initiated by the passage of this Bill, the State of Massa-
chusetts will, before many years, find herself reduced to
the necessity of adopting the project as a State work, and
prosecuting it to completion at immense expense, or of relin-
quishing as a total loss the amount she may have already
advanced ; fully satisfied, from the best information I can col-
lect, that many millions of dollars beyond the present estimate
will be needed to finish the work, and thoroughly convinced
that no present legal voter of our Commonwealth will live
to see the tunnel completed, I have no hesitation in placing
upon record my best judgment, to be tested by the unerring
criterion of the future, and at the same time am glad to be
able to free myself from any responsibility in participating
in what I deem this ill-advised action.

I am simply completing my duty, when I call to your
rememlirance the present financial condition of Massachu-
setts, which should, if any thing can, warn us from deliber-
ately comtnitting its treasury to any such enormous expendi-
tures. With the increased and increasing annual expenses
of the State, a large and enlarging debt, a burdensome an-
nual tax, which has increased with alarming rapidity, and
which, so far as we can see, with the strictest frugality, and
most resolute determination not to indulge in new expendi-
tures, cannot for some time be diminished, and after the
pledge you and I have publicly given to strive to promote
retrenchment and reform, Massachusetts herself has the
right to demand from us that we abstain from this proposed
legislation. Whatever the consequences may be, for one, I
shall respect that demand. The people of our State should,
and I doubt not will, hold those responsible wiio may preju-
dice her financial credit, destroy her preeminence in the
money marts of the world, diminish the value of her secu-
rities, and plunge her into incalculable expenditures with
open eyes and with the voice of warning in their ears.

758 SPECIAL MESSAGES.

Let this corporation cease its constant applications at the
doors of the State treasury till it completes its subscriptions,
procures the payment of its repudiated assessments, shows
by its own acts the necessary confidence in its undertaking,
and comes here not with the small basis of $143,000 only,
for so herculean a task, but with a reasonable and paid up
capital. Let its ardent advocates pay first their own sub-
scriptions as an earnest of their faith in their assertions, and
then, but not till then, should the corporation demand or
receive further facilities from the State.

In the performance of this official obligation I have the
happy assurance of knowing that I am acting in accordance
with the clearest convictions of my own judgment and con-
science, and, as I fully believe, in consonance with the ulti-
mate sanction and approbation of a large majority of the
people of the Commonwealth.

[To the House of Representatives, May 27.]

I return, herewith, unsigned, for the reconsideration of
the legislature, a resolve entitled a " Resolve concerning
Idiotic Children." -

It proposes to increase the annual grant to the idiotic
school, of $5,000 per annum, to $7,600 for the present year.

Since 1851, the State has granted between -155,000 and
$60,000 to this institution, and in the present condition of
her treasury I deem the proposed increase inexpedient.

Moreover, the report shows the average cost of each pupil
per annum to be about $170 — while the Commonwealth
pays to the Deaf and Dumb Institution at Hartford, and the
Boston Lunatic Hospital, at South Boston, only $100 per
annum for each beneficiary.

The report also shows that private individuals have not
sufficient confidence in the benefits of this institution to send
thither at their own expense any considerable number of
children.

During the year last past, the average number of pupils
supported by Massachusetts was 34 ; aided by Massachusetts,
4 ; aided by Rhode Island, 2 ; supported wholly by friends, 4.
Total average number, 44.

Under these circumstances, an earnest desire to prevent
any unnecessary expenses constrains me to withhold my
sanction from this Resolve.

SPECIAL MESSAGES. 759

[To the House of Representatives, May 29.]

I have carefully considered the Resolves herewith returned,
entitled "Resolves for the Relief of Settlers in the Territory
of Kansas." Divesting myself of prejudice and partiality,
I have brought to their consideration an earnest regard for
the reputation and honor of our Commonwealth, together
with a devoted allegiance to her fundamental organic law.

To these sources alone, can both lawgivers and people turn
with perfect confidence that they aflbrd to the one a safe and
unerring guide of conduct, and to the other an unfailing
criterion by which the acts of their public servants can be
judged.

The 18th article of the Bill of Rights declares, that " A
frequent recurrence to the fundamental principles of the
Constitution * * * ig absolutely necessary to preserve
the advantages of liberty, and to maintain a free government.
The people ought consequently to have a particular attention
to all those principles in the choice of their officers and repre-
sentatives ; and they have the right to require of their law-
givers and magistrates an exact and constant observance of
them in the formation and execution of the laws necessary
for the good administration of the Commonwealth."

No injunction could be more peremptory than this ; no
language more forcible ; and the public servant who forgets
or neglects it, is unworthy of the confidence of his constitu-
ents, violates his oath of office, and is regardless of the
honor and integrity of Massachusetts.

The Resolves contemplate the appropriation of $100,000
"for the relief of such peaceable, bona fide settlers in the
Territory of Kansas, as shall have been stripped of their
means of subsistence, and brought into danger of suffering,
or of being compelled to abandon the Territory by a recur-
rence of invasions and outrages, such as have heretofore
been visited upon the people of that Territory ;" and, also,
to render aid "in protecting and defending in the courts of
the Territory and of the United States, the constitutional
and legal rights of such peaceable and deserving settlers
therein, of such citizens of Massachusetts being in the Ter-
ritory as may be exposed to the loss of life, liberty, or prop-
erty, by the unjust decrees of the pretended legislature of
that Territory, or by the unwarranted exercise or abuse of
judicial or ministerial authority." They further provide
that the governor, with the advice and consent of the
council, shall be charged with the authority and the duty
conferred and implied by these Resolves.

The question of their constitutionality doubtless presented

760 SPECIAL MESSAGES.

itself to the committee who reported them, and we nat-
urally look for the reasons which they adduce to support
that point. Three members of the committee, only, sign
the Report, and I find it impossible to bring my mind to the
conclusions which they have reached. Their reasons are as
follows : " Is such an appropriation constitutional ? Your
committee have given careful attention to this point, and in
their view, such an appropriation is in no respect repugnant
to the spirit or provisions of the Constitution. Such an
appropriation would be for the good and welfare of the
Commonwealth, and hence can be constitutionally granted.
The whole incorporating power rests upon the supposed fact
that corporations subserve indirectly the well being of the
State. The present grant contemplates the prospective, as
well as the present, interests of the State. Then, again, the
names of eminent lawyers and judges, who have petitioned
for this appropriation, deserve to be considered as weighty
autliority in favor of its constitutionality."

The committee assign otlier grounds for its expediency,
but give no additional demonstration of its constitutionality.
Bearing in mind their conceded ability, and their acknowl-
edged " careful attention to this point," this may be fairly
accepted as the entire argument that can be adduced to
substantiate the constitutionality of this measure. These
members of the committee, in their Report, further declare,
that, "in their view such an appropriation is in no way repug-
nant to the spirit or provisions of the Constitution." With
the utmost respect for their "view," it must be remembered
that the State of Massachusetts, through the solemn forms
of her legislative and executive branches of government,
has placed on record, within one year, an opinion precisely
opposite. Massachusetts declares, in chap. 80, Resolves of
1856, approved June 3d last, which the record shows passed
the house without opposition, and the senate with but two,
dissenting votes, (and they approved this paragraph,) " that
we do not claim that, as a State leg-islature, 2ve are clothed
with power to initiate measures for their [the settlers in
Kansas] relief^ When I signed that Resolve, I believed
this declaration not only to be true of itself, but I accepted
it as the solemn expression of the opinion of Massachusetts,
asserted as it was by her unanimous voice through her
chosen representatives. If that position was the true one
then, it is the true one to-day ; and it especially behooves
our Commonwealth not to weaken and* destroy the moral
influence of her opinion by such fickle and contradictory
legislative declarations as would result from the adoption of
these Resolves.

SPECIAL MESSAGES. 761

The Report also alleges that such an appropriation would
be for the " good and welfare of the Commonwealth," and
therefore can be constitutionally granted. The committee,
in the only quotation from the Constitution, as favoring their
position, wrest these six words from their context ; but the
entire clause, on examination, will be found repugnant to
such a conclusion. Their extract is from article 4 of chapter
1, section 1 : " And further, full power and authority are
hereby given and granted to the said general court, from time
to time, to make, ordain, and establish all manner of whole-
some and reasonable orders, laws, statutes and ordinances,
directions and instructions, either with penalties or without,
so as the same be not repugnant or contrary to this Con-
stitution, as they shall judge to be for the good and welfare
of this Commonwealth [these six words the committee
quote], and/o/" the government and ordering thereof^ and of
the subjects of the same, and for the necessary support and
defence of the government thereof;^' the same section provides
that the legislature may levy taxes and assessments, duties
and excises, " to be issued and disposed of by warrant, under
the hand of the governor of this Commonwealth for the
time being, with the advice and consent of the council, for
the public service, in the necessary defence and support of
the government of the said Commonwea/th, and the protec-
tion and preservation of the subjects thereof, according to
such acts as are or shall be in force within the same."

The Constitution, it is true, authorizes tlie general court
to enact such statutes as they may deem to be " for the good
and welfare of the Commonwealth," but subject, however,
to the positive stipulation, immediately following, that they
shall be " for the government and ordering thereof and of
the subjects of the same, and for the necessai'y support and
defence of the government." It provides, undoubtedly,
that the legislature shall levy " reasonable taxes " and im-
pose duties upon " any commodities whatsoever," but they
shall be expended only " in the necessary defence and sup-
port of the government of the said CommomveaJth, and the
protection and preservation of the subjects thereof.''^ But
these Resolves go clearly beyond this constitutional restric-
tion, in providing this sura of $100,000 to be taken from
the treasury of Massachusetts, and to be expended " for the
relief of such peaceable, bona fide, settlers in Kansas as shall
have been stripped of their means of subsistence," irrespective
of their origin, or former or present citizenship. It is unne-
cessary to inquire if '■'bona fide settlers in Kansas," can at
the same time be " subjects of Massachusetts," as it is not

762 SPECIAL MESSAGES.

pretended that the appropriation is intended to be used for
the relief of those alone who may, at any time heretofore,
have been citizens of our State. The second Resolve makes
this acknowledged purpose plainly apparent, by providing
that this sum may be expended for protecting "the legal and
constitutional rights of such peaceable and deserving settlers
therein, or of such citizens of Massachusetts, being in the
Territory, as may be exposed to the loss of life, liberty and
property." The Constitution restricts the powers of the gen-
eral court to making laws and expending money for the ben-
efit of the subjects of Massachusetts ; the Resolves propose
to do both for the " bona fide settlers in Kansas," even though
never within the limits of our Commonwealth. The Consti-
tution limits and restricts the legislature to expending the
moneys of the State " in the necessary defence and support
of the government of the said Commonwealth, and the
protection and preservation of the subjects thereof;" the
Resolves go far beyond this restriction, and contemplate
the expenditure of her money for the protection and pres-
ervation of the subjects of an independent and distant
government.

It is unnecessary to point out the repeated instances, run-
ning through our Constitution, in which the purposes of
government and the powers of its various branches, are lim-
ited and restricted, with more or less distinctness, all tending
to show the unconstitutionality of the power here attempted
to be exercised.

I will only refer to one additional portion of our funda-
mental charter, which, in my judgment, shows, very clearly,
the unconstitutionality of the proposed Resolves. Chapter
2, section 1, article 11, is in these words : " No moneys shall
be issued out of the treasury of the Commonwealth, and
disposed of, * * * 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."

John Adams never wrote a clearer sentence, and it seems
as if our mother tongue is hardly capable of expressing an
idea more unequivocally. It is the paragraph in the Consti-
tution which specially directs the manner of drawing money
from the treasury, and it declares the only way in which,
and the only purpose for which, it shall be done. Lest the
word " inhabitant " shoiild be liable to a misconstruction,
the Constitution itself defines it, as follows : " and to re-

SPECIAL MESSAGES. 763

move all doubts concerning the meaning of the word ' inhab-
itant ' in this Constitution, every person shall be considered
as an inhabitant, for the purpose of electing or being elected
into any office, or place within this State, in that toivn, dis-
trict ov plantation, where he divelleth or hath his homey

The Constitution here positively declares, " no moneijs
shall be issned out of the treasury and disposed of'' but " for
the protection and preservation of the inhabitants of the
State, — that is, of any person who '•' dwelleth," or " hath
his home " in it. These Resolves provide that $100,000 shall
" be issued out of thq treasury and disposed of," for the
benefit of those who may never have breathed our air, or
seen our borders ; who are not, and may never have been,
inhabitants of Massachusetts.

So palpable is this positive prohibition, that various the-
ories have been suggested, whereby it has been attempted to
deduce the power sought to be exercised. For instance, it
has been alleged that, though authority to pass Resolves ap-
propriating money for such purposes, may not be expressly
granted in the Constitution, yet tliat every power not posi-
tively withholden by that instrument, vests in the legislature.
It has been argued that all legislative authority belongs to
the general court which the Constitution does not expressly
forbid it to exercise, and thence the argument is deduced of
the competency of the legislature to pass these Resolves,
unless it is positively shown that the Constitution forbids it
in express terms. The Constitution of the United States,
it is asserted, authorizes the national legislature to perform
only such acts as are distinctly enumerated, while all reserved
powers pertain to the several States ; but it is allcgxid the
powers of the legislature of the State stand on a much broader
ground, and embrace every thing not positively withheld.
In my judgment, the power to pass these Resolves is not
only not expressly granted, as this argument concedes, but
is plainly and positively forbidden. Yet even if this be
not so, the theory referred to is untenable, and has been so
declared nearly half a century since, by our supremo court.
Judge Jackson, in pronouncing the opinion of that august
tribunal in 1814, (Massachusetts Reports, volume 11, page
404,) says : " There is an implied authority in the parlia-
ment to exercise the power here mentioned ; because, ac-
cording to the theory of the English constitution, ' that
absolute despotic power which must in all governments
reside somewhere,' is intrusted to the parliament. The
principles of our government are widely diflerent in this
particular. Here the sovereign and absolute power resides

764 SPECIAL MESSAGES.

ill the people ; and the legislature can only exercise what is
delegated to them according' to the constitution^

This is so conclusive, no appeal can be taken from it, and
it has been so frequently repeated and so well understood, as
to have become of the binding effect of conceded and undis-
puted law. In the late Constitutional Convention, the Bill
of Rights was referred to a committee, of which the Hon.
Charles Sumner was chairman, and of which the Honor-
ables Joel Parker, B. F. Hallett, George S. Hillard, Charles
Allen, John C. Gray, Asahel Huntington, Julius Rockwell,
Luther V. Bell, Henry Williams, Anson Burlingame, and
Laban Marcy, and R. H. Dana, jr., esq., were members,
who were so impressed with the propriety of incorporating
this truth into our fundamental law, that they reported the
following amendment to the preamble of our Constitution:

" 4. Resolved, That the Bill of Rights be amended by
inserting between the 29th and 30th articles, the following
additional article : —

" This enumeration of rights shall not impair others
retained by the people, and no poivers shall ever be assumed
by the legislature that are not granted in this Constitution.^^

The failure of the attempt to incorporate this proviso into
the Constitution, after being unanimously reported by so
influential a committee, can hardly be satisfactorily explained,
except by the reason that it was deemed inexpedient to
hamper the Bill of Rights with universally acknowledged
truths, approaching even to truisms.

The precedent that Vermont and Michigan have made
similar appropriations, is urged as a reason why it is consti-
tutional for Massachusetts to do the same. The fact, how-
ever, that thirteen other free States had made none, would
be equally as conclusive that it is unconstitutional for us so
to do, inasmuch as each State must apply any proposed
enactment to the sole test of the provisions of its own Con-
stitution, irrespective of what may be done by any other
independent sovereignty, under the authority of another and
diverse organic law. What the Constitution of Michigan
may permit, that of Massachusetts may forbid, and the
converse is equally true. In fact, in the former, unnatural-
ized aliens can vote, while free colored persons are debarred
from that privilege, while in the latter this franchise is con-
ferred on free negroes and withheld from unnaturalized
foreigners, thus showing how untenable is the argument of
analogy.

Having thus shown that the Resolves in my judgment
contravene the provisions of the Constitution of Massachu-

SPECIAL MESSAGES. 765

setts, I rest my refusal to affix my signature to them upon
the highest and broadest grounds known to a statesman.

I cannot do it, without violating that oath of fealty to the
Constitution of Massachusetts, which I took upon me, and
subscribed, in your presence, and what, in its consequences,
is far worse than the guilt of individual perjury, without
doing violence to that instrument, which is the written
charter of all our liberties, and the legacy of our fathers'
wisdom.

Weighed with the foregoing considerations, our empty
treasury, — the paramount duty of retrenchment and econ-
omy,— the provocation to other States to retaliate by antag-
onistic grants, — and the danger of reawakening by foreign
interference the slumbering passions and hostilities of that
unfortunate Territory, — all sink into comparative insignifi-
cance.

Believing, then, these Resolves unconstitutional were they
expedient, and inexpedient were they constitutional, I decline
to give them my official sanction.

[To the Senate, May 30.]

I desire to transmit to the legislature the reasons that
have influenced my action upon a Bill entitled, " An Act
concerning the Danvers Railroad Company and the Boston
and Maine Railroad."

The brief space of time allotted me for its consideration
before the proposed adjournment of the general court,
together with the great number of important questions nec-
essarily claiming my attention, have forbidden such careful
examination of its provisions as their novelty and importance
demand.

The impairing of the obligations of certain mutual con-
tracts by legislative enactments, as well as the interposition
of the legislative authority in the internal economy and
management of the road, which, it is alleged, are involved
in this Bill, are certainly novel and questionable features in
Massachusetts legislation respecting railroad corporations.
Whether these or any of tliem are unconstitutional acts, as
is claimed by the opponents of the Bill, requires deliberate
consideration, and perhaps can be settled only by a judicial
tribunal.

As an appeal to such tribunals is open to any parties who
feel themselves aggrieved, and as it is not my province to
adjudicate the mere expediency of questions of this nature
which meet the approval of the two branches of the general
court, I have felt it my duty, with this explanation, to sign
the Bill.

766 SPECIAL MESSAGES.

[To the Senate, May 30.]

Before the final adjournment of the legislature, I desire
to inform tlie two branches that I respectfully decline to
comply with their request contained in the address for the
removal of Edward Greeley Loring from the office of judge
of probate for the county of Suffolk.

Pressing duties, necessary to be performed during the
closing hours of the session, render it impracticable for me
to give my reasons in full for such refusal at the present
time, but I will, at the earliest opportunity, prepare them,
cause them to be printed in the volume of Acts and Resolves
for the present year, and to be communicated to the public
prints, for the information of the members of the legislature,
and the people of the Commonwealth.

[The follovriing, bearing date July 1, was addressed to the President of the Senate, through
the public prints of the 7th, and a copy enclosed to the clerk of the Senate, on the 31st of
said month.]

In compliance with the intention expressed in a commu-
nication transmitted to the Senate on the last day of the
session, I proceed _to state a few of the more prominent
reasons for refusing to accede to the request contained in
the Address of the two branches of the legislature, for the
removal, with the advice and consent of the executive
council, of Edward G. Loring from the office of Judge of
Probate for the county of Suffolk.

The reasons assigned in the Address, for his removal, are
as follows : —

1st. Because he consented to sit as United States Slave Commissioner,
in defiance of the moral sentiment of Massachusetts, as expressed in the
Legislative Resolves of 1850.

2d. Because, now, in defiance of the provisions contained in section 13
of chapter 489 of the Acts of 1855, Edward G. Loring continues to hold
the office of judge of probate, under a Massachusetts commission, and, at
the same time, to hold, in defiance of law, a commission under the United
States, which qualifies him to issue warrants and grant certificates, under
the Acts of congress, named in the 9th section of chapter 489 of the Acts
x)f 1855.

I respectfully refer the two branches to my Message to the
legislature of 1855, to be found in the volume of the Acts
and Resolves for 1856, commencing at page 325, for the
grounds which caused me to deem the first reason given to
be wholly insufficient to authorize on my part such action as
is prayed for.

I have therein, I think, satisfactorily shown that a true
interpretation of the Constitution, from a comparison of the
different clauses of that instrument, from the statement of

SPECIAL MESSAGES. 767

the address that accompanied it, from contemporaneous
evidence, and from the uniform practice of the State gov-
ernment, with one exception, and that exception having
recorded agahist it the protest of John Quincy Adams, wlio
was then one of its senators, does not authorize the removal
of judges by address, unless through the providence of God
they may become incapacitated to perform the duties apper-
taining to their offices ; but that for any alleged crime, or
infringement of law, they must be impeached according to
the clear provisions of the Constitution ; thereby also pre-
serving inviolate the privilege conferred by the 12th article
of the Bill of Rights, that " no .subject shall be held to answer
for any crime or offence, until the same is fully and plainly
substantiated and formally described to him ;" * * " and
every subject shall have a right to produce all proofs that
may be favorable to him ; to meet the witnesses against him
face to face, and to be fully heard in his defence, by himself,
or his counsel, at his election."

It was in this view of the case that the suggestion was
made by me, which has been widely misrepresented and mis-
understood, that if the legislature were determined to punish
Judge Loring by removing him from office, for what no one
can justly doubt to have been an honest and conscientious
act on his part, they should at least do it in such a manner
as " that no precedent shall be established pregnant with
evil to those who may come after him, and so that punish-
ment shall follow only a plain violation of law. Such a
course is open to the legislature to adopt. In both branches
an attempt was made to render the holding of the office of
judge of probate incompatible with that of the commission-
ership under which Judge Loring's action was deemed
obnoxious and objectionable."

This language is now quoted by a large part of these
petitioners, as if there was in it the slightest commitment
on my part, to his removal by me, upon an address of the
two branches of the legislature, for disobeying the provisions
of such an enactment as is referred to. I had supposed
all the intelligent citizens of Massachusetts were too well
informed to need to be told that the removal of a judge for
an infringement of the statute law of the Commonwealth,
could only be effected constitutionally and legally by an
impeachment by the house of representatives, and a solemn
trial by the senate.

A few days after my previous refusal to remove Judge
Loring, the " Personal Liberty Bill " was passed, one of the
provisions of which furnishes the second and last reason

768 SPECIAL MESSAGES.

given for now requesting his removal. It must be remem-
bered that this Bill did not receive my signature, but became
a law by the requisite majority in both branches of the
legislature, notwithstanding the executive veto. The pas-
sage of this Act and its continuance upon our statute book,
containing, as it does, provisions clearly repugnant to the
Constitutions both of the United States and of Massachu-
setts, has brought discredit upon our Commonwealth, and
is deeply deplored by all law-abiding and right-thinking men.

Still it exists — and to its provisions, such as they are, we
must turn, to consider the duty devolved upon the chief
magistrate of the State by an address to him of the legisla-
ture, with reference to these provisions.

Having distinctly asserted, as my deliberate judgment,
and, as I believe, clearly demonstrated, that the Constitution
of Massachusetts authorizes the removal of her judicial
officers, upon address, only for disqualification, mental or
physical, caused by the interposition of Providence, I can
safely rest my refusal to accede to the removal of Judge
Loring upon that ground. If such removal is to be eflFected
let it be done in the only constitutional manner known to
our organic law — by impeachment.

Judge Loring is here charged with an official misde-
meanor, because he retains his office of Judge of Probate " in
defiance of the provisions " of the Personal Liberty Bill,
while at the same time holding a commission, and acting, as
an United States Commissioner. The language of John
Quincy Adams is peculiarly applicable to this very case, in
his protest, still existing on the journal of the senate, under
date of Mai'ch 4, 1803. He protests against an address to
the governor for a judicial removal — " First, because the
grounds alleged in the said address for the removal are for
official fnisdemeanors ; and the subscriber 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 tivo Houses, on the ground of offences for the trial of
ivhich the Constitution has expressly provided the mode of
impeachment.''''

But assuming for a moment that the provisions of the
Constitution were very diiferent from what they are, and did
contemplate the removal of judicial officers by the executive,
upon an address of the two Houses, for such reasons as are
here given, and upon this unwarranted assumption let us
consider the character and nature of the reason under con-
sideration assigned in the address for the removal of Judge
Loring.

SPECIAL MESSAGES. 769

Eighteen years ago, Joidge Loring was appointed a com-
missioner of the United States circuit court, for the district
of Massachusetts. Ten years ago, while holding said com-
mission, he was appointed judge of probate for the county
of Suffolk, and he has ever since held both offices. Two
years ago, the law referred to in the address was passed,
substantially declaring that any person who should continue
to hold both of said, or two similar offices, for ten days
thereafter, should " be deemed to have violated good
behavior, to have given reason for loss of public confidence,
and have furnished sufficient ground either for impeachment
or for removal by address."

We here find an attempt made by a mere statutory enact-
ment to override the provisions of the Constitution, an
attempt clearly and unquestionably futile and inoperative.
The Constitution fixes the tenure of judicial office ; this law
attempts to enact a different tenure. The Constitution con-
templates the impeachment and trial of judges for crimes
and misdemeanors, and their removal by address for mental
or physical disability ; this law attempts to declare that both
these methods may be adopted, indiscriminately, for a con-
structive crime of its own creation. In the words of the
honorable attorney-general, in his opinion accompanying my
Message returning this Bill without my approval, "It attempts
to construe and declare the true intent and meaning of the
provision of the Constitution, which subjects judicial officers
to removal by the executive, upon address by both branches
of the legislature, * * * which is beyond the constitu-
tional competency of the legislature, under the provisions of
the Constitution of the Commonwealth."

Again, the provision of the Personal Liberty Bill partakes
of the character of an ex post faclo law, inasmuch as it
practically ordained if Judge Loring, in consequence of his
participating in the rendition of Anthony Burns, continued
to hold for ten days thereafter the office of United States
Commissioner, which he had then held sixteen years, as well
as the office of Judge of Probate, which he had held eight
years, he should be deemed, by so doing, to furnish sufficient
ground for impeachment. Whether such a statute could be
constitutionally enacted in reference to any future appoint-
ments to judicial office, we are not called upon to inquire,
but whether such provisions are constitutional so far as tiiey
refer to incumbents in office, at the time of their passage, is
best and most conclusively answered by the annexed extract
from the Constitution itself: '■'■ Laws made to punish for
actions done before the existence of such laws, and ivhich

770 SPECIAL MESSAGES.

have not been declared crimes by preceding' laivs, are unjust,
oppressive, and inconsistent with the fundamental principles
of a free government."

But there are graver objections to the constitutionality of
the course of action demanded of me, which commend
themselves to the careful consideration of every reflecting
citizen. The power of removal from judicial office by
address, intending to cover those cases where, from mental
and physical incapacity, a removal is imperatively required
by the public good, is an arbitrary power, rarely permitted
under our theory of government, and, when from necessity
granted, is hedged round with every available safeguard, as
it should be, against oppressive or inconsiderate use. If
there is any one sentiment more earnestly inculcated in
our Constitution than others of its great truths, it is " that
it is essential to the preservation of the rights of everp
individual, his life, liberty, property and character, that
there be an impartial interpretation of the laws and admin-
istration of justice ; " " that it is the rig-ht of every citizen
to be tried by judges as free, impartial and independent as
the lot of humanity will admit," to which end it provides
that judges shall hold their offices during good behavior,
and specifies that certain of them shall have " permanent
and honorable salaries." But, as a judge cannot be
impeached for lunacy, nor tried for the loss of reason, this
arbitrary and despotic power of removal by address, antago-
nistical to our whole theory of government, and to be used
only in cases of absolute emergency, was granted, but
guarded, as before stated, by every possible precaution against
misuse. It requires the concurrent action of four depart-
ments of government — the house, the senate, the executive
and the council — whose separate and independent acqui-
escence is necessary to accomplish a removal. It is discre-
tionary with each, and it is made so by the Constitution
itself.

But here we find a statute law, passed by the concurrent
action of only tvjo of these four departments of the govern-
ment, which assumes to declare that certain acts " shall be
deemed" "sufficient ground" " for removal by address."
An attempt is thus made to nullify the whole theory of the
Constitution, regarding judicial removals, by authorizing two
departments of the government to usurp powers conferred
by the Constitution only upon the concurrent action of four,
and also by imposing as a duty upon the executive, that
which, by the Constitution, is a power to be exercised at his
discretion.

SPECIAL MESSAGES. 771

Again, the Act upon whicli the second reason for Judge
Loring's removal is based, conflicts directly witli the con-
stitutional tenure of judicial office. The Constitution of
Massachusetts fixes the life tenure for judges, subject only
to the condition of good bcliavior, but a reason founded in a
provision of an Act of 1855, reaches a source no higher than
the legislature itself. Can the legislature override the Con-
stitution Y If the legislature of 1857 can address Judge
Loring out of office in consequence of an Act of the legisla-
ture of 1855, can it not in consequence of an Act it may
itself enact ? If so, the whole judiciary of Massachusetts,
contrary to the belief of three-quarters of a century, instead
of being a fixed and permanent body of officers, is subject to
the legislation of a mere majority, and can be removed
whenever party prejudice shall demand, or party policy may
dictate.

The candid and intelligent portion of the community will
hardly withhold a deserved rebuke to the minority of the
committee, for making the following assertion : " The
governor, also, has admitted its [the Personal Liberty Bill]
constitutionality, by acting under it in the appointment of
commissioners." Their next paragraph is as follows : " The
courts, too, have acted under its provisions, and thus have
given their sanction to the constitutionality of snch of the
provisions, at least, as they have acted under.'''' Had the
minority of the committee inserted the same qualification
regarding the " governor " as they have respecting the
" courts," they would have told the truth. The section
under which commissioners are appointed has no reference
whatever to the objectionable and unconstitutional pro-
visions of tlie Act, and the cause which demands for its
support so unauthorized a statement as this, must give rise
to doubts as to its own soundness or to the discretion of its
defenders.

Instead of " admitting its constitutionality," I vetoed it
because it was ?<^iconstitutional. I recommended its repeal
in my annual message to the legislature of 1856, because it
was wwconstitutional, and I now base my declining to remove
Judge Loring on any reason drawn from its provisions,
because it is z/wconstitutional.

I regret that this question has assumed a party aspect,
instead of being considered as a matter immediately affecting
tlie permanency of our judiciary, and the rights and interests
of the people of our Commonwealth. Yet the actions of
party leaders, the unmistakable speeches of partisan orators,
and the tone of a portion of the political press, conclusively

772 SPECIAL MESSAGES.

indicate that the question is now to be taken from the halls
of legislation and from executive action to be adjudicated by
the votes of our citizens at the ensuing State election.

With unwavering faith that the conservative and intelli-
gent verdict of my fellow-citizens will sustain my views of
public duty, will preserve that system of judicial indepen-
dence upon which rests the safety and happiness of all our
people, and those momentous constitutional truths which
are alike the rich legacy of our fathers' wisdom, and the
underlying foundation of our system of self-government, I
reiterate my conclusion, that my sense of duty to the State,
and my oath of fealty to its Constitution, preclude my
assenting to the Address for Judge Lorina's removal.

ACTS ANT) IlESOLYES

PASSED AT THE

SlilCOlSJ'D SESSIO]Sr

deneral €a\ixt

18 5 7.

The General Court of 1857 assembled in the State House, aeconling to
adjournment, on Tuesday, the fourteenth day of July, and was prorogued on
Friday, the thirty-first day of the same montli.

ACTS AND RESOLVES.

An Act relating to Elections.

Be it enacted by the Senate atid House of Representatives, Chap. 307
in General Court assembled^ and by the authority of the
same, as follows :

III all popular elections for state or national officers, here- inhabitants shaii
after to be held, the inhabitants of the several towns and fpectivecitie'sami
cities of this Commonwealth, shall vote in their respective *°'''°^'
towns and cities, any thing in their acts of incorporation, or
in any other^acts, to the contrary notwithstanding. l^Ap-
proved July 29, 1857.]

Ax Act to apportion Representatives to the several Counties. Chcip. 308

Be it enacted, Sfc, as foUoivs :

Section 1. The two hundred and forty members of the iiousetwohun-
house of representatives are hereby apportioned to the members,— ap-^
several counties of the Commonwealth, as follows: — portwnment of.

The county of Suffolk, twenty-eight representatives ;

The county of Essex, thirty-two representatives ;

The county of Middlesex, tliirty-nine representatives ;

The county of Worcester, thirty-four representatives ;

The county of Hampshire, eight representatives ;

The county of Hampden, twelve representatives ;

The county of Franklin, eight representatives ;

The county of Berkshire, eleven representatives ;

The county of Norfolk, excluding therefrom the toAvn of
Cohasset, twenty representatives ;

The county of Bristol, twenty representatives ;

The county of Plymouth, including in addition thereto
the town of Cohasset, sixteen representatives ;

The county of Barnstable, nine representatives ;

Dukes county, one representative ;

The county of Nantucket, two representatives.

Section 2. This act shall take effect fi"om aiicl aftev its
passage. [Approved July 29, 1857.]

776

1857.— CHArTER 309.

To be divided into
forty districts.

Suffolk, five dis-
tricts.

Fourth.

Chot). 309 ^^ "^^^ ^^ divide the Commonwealth into Forty Districts for the choice of
^ ' Senators.

Be it enacted, SfC, as follows :

Section 1. For the purpose of choosing senators, the
Commonwealth is hereby divided into forty districts, as
hereinafter provided.

Section 2. The county of Suffolk is divided into five
districts, as follows : —

The city of Chelsea, the towns of North Chelsea and
Winthrop, and the ward numbered two in the city of Bos-
ton, sliall constitute a district, to be known as the First
Suftblk District.

The wards numbered one, three and five in the city of
Boston, shall constitute a district, to be known as the Second
Suffolk District.

The wards numbered four, six and seven, in the city of
Boston, shall constitute a district, to be known as the Third
Suffolk District.

The wards numbered eight, nine and ten in the city of
Boston, shall constitute a district, to be known as the Fourth
Suffolk District.

The wards numbered eleven and twelve in the city of
Boston, shall constitute a district, to be known as the Fifth
Suffolk District.

No new division of wards in the city of Boston shall be
made previous to the next apportionment of senators and
representatives, any thing contained in the third section of
the four hundred and forty-eighth chapter of the acts of the
year one thousand eight hundred and fifty-four, to the con-
trary notwithstanding.

Section 3. The county of Essex is divided into live
districts, as follows : —

The city of Lynn, and the towns of Lynnfield, Marble-
head, Nahaiit, Saugus, and Swampscott, shall constitute a
district, to be known as the First Essex District.

The city of Salem, and the towns of Danvers, Hamilton,
Middleton, South Danvers, Topsfield, and Wenham, shall
constitute a district, to be known as the Second Essex
District.

The city of Lawrence, and the towns of Andover. Box-
ford, Haverhill, Methuen, and North Andover, shall con-
stitute a district, to be known as the Third Essex District.

The city of Newburyport, and the towns of Amesbury,
Bradford, Georgetown, Groveland, Newbury, Salisbury, and
West Newbury, shall constitute a district, to be known as
the Fourth Essex District.

No new division
of wards in Bos-
ton previous to
next apportion-
ment.

Essex, five dis-
tricts.

Tliird.

1857.— Chapter e309. TH

The towns of Beverly, Essex, Gloucester, I])swicli, Man- F'f'h.
Chester, Rockport, and Rowley, shall constitute a district, to
be known as the Fifth Essex District.

Section 4. The county of Middlesex is divided into six Jiiaaiesex, six
districts, as follows : —

The city of Charlestown, and the towns of Somerville, First.
Melrose, and Maiden, shall constitute a district, to be known
as the First Middlesex District.

The city of Cambridge, and the towns of Waltham, West seeona.
Cambridge, Watertown, and Brighton, shall constitute a
district, to be known as the Second Middlesex District.

The towns of Ashland, Framingham, Holliston, Hopkin- Ti.ira
ton, Natick, Newton, Sherborn, Sudbury, Wayland, and
Weston, shall constitute a district, to be known as the Third
Middlesex District.

The towns of Acton, Ashby, Boxborough, Carlisle, I'ourtii.
Chelmsford, Concord, Dunstaltlc, Groton, Lincoln, Littleton,
Marlborough, Pepperell, Shirley, Stow, Townsend, Tyngs-
borough, and Westford, shall constitute a district, to be
known as the Fourth Middlesex District.

The towns of Bedford, Billerica, Burlington, Lexington, riftu.
Medford, North Reading, Reading, South Reading, Stone-
ham, Wilmington, Winchester, and Woburn, shall constitute
a district, to be known as the Fifth Middlesex District.

The city of Lowell, and the towns of Dracut and Tewks- sixtii.
bury, shall constitute a district, to be known as the Sixth
Middlesex District.

Section 5. The county of Worcester is divided into six Worcester, six

-,•,•, n ■,^ districts.

districts, as follows : —

The city of Worcester and the towns of Holden, Paxton, central.
and Rutland, shall constitute a district, to be known as the
Central W^orcester District.

The towns of Blackstone, Douglas, Mendon, Milford, soutii-East.
Northbridge, Sutton, and Uxl)ridge, shall constitute a dis-
trict, to be known as the South-East Worcester District.

The towns of Auburn, Brookiield, Charlton, Dudley, south-west.
Leicester, Oxford, Southbridge, Spencer, Sturbridge, AYar-
ren, Webster, and West Brookheld, shall constitute a district,
to be known as the South-West Worcester District.

The towns of Athol, Barre, Dana, Hardwick, Hubbardston, west.
New Braintree, North Brookfield, Oakham, Petersham,
Phillipston, Royalston, Templeton, and Winchendon, shall
constitute a district, to be known as the West Worcester
District.

The towns of Ashl)urnham, Fitchburg, Gardner, Harvard, North-Ea.st.
Lancaster, Leominster, Liuicnburg, Princeton, Sterling, and

778

1857.— Chapter 309.

Hampden, two
districts.

West.

Hampshire and
Franklin, three
districts.

Hampsliiro.

Franklin.

Hampshire and
Franklin.

Berkshire, two
districts.

North.

South.

Norfolk, three
districts.

North.

Westminster, shall constitute a district, to be known as the
North-East Worcester District.

The towns of Berlin, Bolton, Boylston, Clinton, Grafton,
Millbury, Northborough, Shrewsbury, Southborough, Upton,
Westborough, and West Boylston, shall constitute a district,
to be known as the East Worcester District.

Section 6. The county of Hampden is divided into two
districts, as follows : —

All the towns in said county lying on the west side of the
Connecticut River, together with the towns of Chicopee and
Ludlow on the east side of said river, shall constitute a
district, to be known as the West Hampden District.

The city of Springfield and the towns of Brimfield, Hol-
land, Longmeadow, Monson, Palmer, Wales, and Wilbraham,
shall constitute a district, to be known as the East Hampden
District.

Section 7. Three districts arc made from the two coun-
ties of Hampshire and Franklin, as follows : —

The towns of Chesterfield, Cummington, Easthampton,
Goshen, Hadley, Hatfield, Huntington, Middlefield, North-
ampton, Plainfield, South Hadley, Southampton, Westhamp-
ton, Williamsburg, and Worthington, shall constitute a
district, to be known as the Hampshire District.

The towns of Ashfield, Bernardston, Buckland, Charle-
mont, Colrain, Conway, Deerfield, Gill, Greenfield, Hawley,
Heath, Leyden, Monroe, Northfield, Rowe, Shelburne, and
Whately, shall constitute a district, to be known as the
Franklin District.

All of the towns in the counties of Hampshire and Frank-
lin, which have not already been enumerated in this section,
shall constitute a district, to be known as the Hampshire
and Franklin District.

Section 8. The county of Berkshire is divided into two
districts, as follows : —

The towns of Adams, Cheshire, Clarksburg, Dal ton,
Florida, Hancock, Hinsdale, New Ashford, Lanesborough,
Peru, Pittsfield, Savoy, Williamstown, and Windsor, shall
constitute a district, to be known as the North Berkshire
District.

The remaining towns in said county, not already enume-
rated in this section, shall constitute a district, to be known
as the South Berkshire District.

Section 9. The county of Norfolk, excluding therefrom
the town of Cohasset, is divided into three districts, as
follows : —

The city of Roxbury and the towns of Brookline, Dor-

1857.— Chapter 309. 779

Chester, and West Roxbuiy, shall constitute a district, to
be known as the North Norfolk District.

The towns of Braintree, Milton, Quincy, Randolph, E^^st.
Stoughton, and Weymouth, shall constitute a district, to be
known as the East Norfolk District.

The remaining towns in said county, not enumerated in west.
this section, shall constitute a district, to be known as the
West Norfolk District.

Section 10. The county of Bristol, excluding therefrom Bristol, three

districts

the town of Fairhaven, is divided into three districts, as
follows : —

The towns of Attleborough, Easton, Raynham, Mansfield, North.
Norton, and Taunton, shall constitute a district, to he known
as the North Bristol District.

The city of New Bedford and the town of Dartmouth, ^u'lt'i-
shall constitute a district, to be known as the South Bristol
District.

The remaining towns in said county, excepting Fairhaven, "'^^t.
as aforesaid, shall constitute a district, to be known as the
West Bristol District.

Section 11. The county of Plymouth, together with the Plymouth, three
towns of Cohasset and Fairhaven, is divided into three
districts, as follows : —

Tiie towns of Abington, Cohasset, Hanover, Hingham, North.
Hull, North Bridgcwater, Scituate, and South Scituate,
shall constitute a district, to be known as the North Ply-
mouth District.

The towns of Bridgewater, Carver, Fairhaven, Lakeville, '^*'"'''
Matta])oisett, Marion, Middleborough, Rochester, and Ware-
ham, shall constitute a district, to be known as the South
Plymouth District.

The remaining towns in said county, not enumerated in Mi^Jie.
this section, sliall constitute a district, to be known as the
Middle Plymouth District.

Section 12. The towns of Brewster, Chatham, Dennis, BamstaWe, ia
Eastham, Harwich, Orleans, Pro vincetown, Truro, Wellfleet, trTct! ^"'"^
and Yarmouth, in the county of Barnstable, shall constitute
a district, to be known as the Cape District.

Section 13. The towns of Barnstable, Falmouth, and Bamstabio i.i

n T • 1 • 1 f T~t < 1 1 / 1 ■ ..a 1 part, with Dukes

Sandwich, m the county oi Barnstable, together witli the and Nantucket,
counties of Dukes county and Nantucket, shall constitute a ^^'""'^ ^"*""''-
district, to be known as the Island District.

Section 14. This act shall take effect from and after its
passage. l_Approved July 30, 1857.]

780

1857.— Chapters 310, 311.

Chap. SIO -'^N Act to arrange the Senatorial Districts into Eight Districts, for the

choice of the Council.

Be it enacted, c^^c, as folloivs :

Section 1. The five senatorial districts of the county of
Suffolk, taken together, shall constitute Council District
Number One.

The five senatorial districts of the county of
together, shall constitute Council District

Councillor Dis-
tricts.
Number One.

Number Two.

Number Three.

Number Four.

Number Five.

Number Six.

Number Seven.

Number Eight.

Laws not repug-
nant to remain
iu full force.

Section 2.
Essex, taken
Number Two,

Section 3. The first, second, fourth, fifth and sixth
senatorial districts of the county of Middlesex, taken to-
gether, shall constitute Council District Number Three.

Section 4. The Franklin senatorial district, the Hamp-
shire and Franklin district, and the Central, North-East
and North-West districts of the county of Worcester, taken
together, sliall constitute Council District Number Four.

Section 5. The two senatorial districts of the county of
Hampden, the two senatorial districts of the county of
Berkshire, and the Hampshire district, taken together, shall
constitute Council District Number Five.

Section 6. The' North Norfolk senatorial district, the
Third Middlesex district, and the East, South-East, and
South-West districts of the county of Worcester, taken
together, shall constitute Council District Number Six.

Section 7. The West and East Norfolk senatorial dis-
tricts and the three senatorial districts of the county of Bris-
tol, taken together, shall constitute Council District Number
Seven.

Section 8. The three senatorial districts of the county
of Plymouth, the Cape district, and the Island district, taken
together, shall constitute Council District Number Eight.

Section 9. All provisions of law hitherto in force,
relating to the choice of councillors, not repugnant to the
arrangement of districts provided in this act, shall continue
in full force and effect.

Section 10. This act shall take effect from and after its
passage. [Approved July 30, 1857.]

Chap. 3 1 1 -'^ ^^"^ concerning Elections of Representatives in the General Court.

Be it enacted, Sfc, as folloivs :
Meetings for eiec- SECTION 1, In cvery towu or city which shall hereafter

tion of repre.sen- ... , j 7 • i . , . ■,.

tativesiu districts coustitutc a representative district, accordmg to the twenty-

for^VcitllTand ^^'^^ articlc of amendment of the constitution, the meetings

towns. for the choice of representatives in the general court shall

be called and conducted, the election ascertained, recorded

1857.— Chapter 311. 781

and certified, and in case of failure to elect, a new election
ordered, in the mode heretofore provided by the constitution
and laws of this Commonwealth for the choice of representa-
tives in such town or city.

Section 2. In all cities which shall hereafter embrace <^'>tiLs which em-
more than one district for such choice, the warrant for call- onraistdct, fcc.*^
ing the meeting for the election of representatives shall
direct that the voters in the several wards in each district,
respectively, shall be notified to bring in their votes on one
ballot for the representatives to which such district may be
entitled, and shall specify the number thereof. Said meet- Meetings conduc-
ings shall be called, conducted, and the votes therein &c.V'°niadr°of',
received, counted, declared, recorded and certified to the lu-relofore eL^t-
mayor and aldermen, or board of aldermen, in all other Jng'^i^^s-
respects in accordance with the provisions of law hitherto
existing ; and the mayor and aldermen, or board of alder-
men, shall proceed to ascertain the result of the election,
cause a record to be made of the same, and cause the same
to be certified to the persons elected, in the same manner as
is now provided in regard to the representatives of the
several cities. Whenever it shall appear to such board that in case of failure
any district has failed to elect the number of representatives Monday, e?cctroa
to which it is entitled at the election held on the Tuesdav *" *'t>''ti'' °? *^%

1 n -\r -I nxT i" '""■'th Monday of

next alter the first Monday oi JVovember, by reason that a November.
sufficient number of persons have not received a plurality
of the votes cast, they shall issue their warrant, directing
the qualified voters of such district to be notified to meet in
their respective wards on the fourth Monday of said Novem-
ber, to bring in their votes for the number of representatives
necessary to fill such vacancy, which number shall be speci-
fied in said warrant, and like proceedings shall be had
thereupon as in case of the original election of such repre-
sentatives.

Section 3. Whenever any city shall be embraced in the Avhen a city and
same district with any town or towns, the meetings for the hZcea ^in same
election of representatives shall be called, conducted, and totecl^^^&T
the result of the ballotings therein recorded and certified j^s providt-d'in 2'd
to the mayor and aldermen, or board of aldermen, as pro-
vided in the second section of this act ; and the clerk of curks to meet
such city, and the clerk of each town in such district, shall cmnpare^esuHof
meet at noon on tlie day following said election, at such i>a-iiotings, &c.
place within said district as shall be appointed as hereinafter
provided, and shall examine and compare the result of the
ballotings, and ascertain what persons, if any, have been
duly elected representatives of such district ; and the said
clerks shall make out a certificate of such election, and

782 1857.— Chapter 311.

transmit the same by a constable or other authorized officer,

to each person so elected, within ten days after the day of

•'«■*"'•'» of Tous their said meeting. They shall also make out, under their

within four days hauds, a truc and complete return of all the votes cast for

after meeting, i-cprescntatives in said district, the names of all persons for

whom said votes were given, and the number of votes for

each person so given, and a record of such return shall be

made in the book of records in such towns and city, within

rertificate of, to four days after the day of their meeting ; and a certificate

8eoietary"on o? of sucli clcction sliall bc givGu uudcr the hands of the said

ncKtay^in' "an- clcrks, and sliall be delivered into the office of the secretary

"ary. of tlic Commouwcalth, on or before the first Wednesday in

January, in every year.

The certificate of such election shall be in substance as
follows, to wit : —
Form of certifi- Commonwcaltli of Massachusetts, county of
"^*'^' Pursuant to a law of this Commonwealth, the qualified

voters of Representative District Number , in their

several meetings on the day of November instant, for

the choice of representatives in the general court, did elect
, being inhabitants of said district, to
represent them in the general court to be holden on the first
"Wednesday of January next.

Dated at tlie day of in the year one

thousand eight hundred and

The certificate, aforesaid, shall have a return thereon,
signed by the officer authorized to give such notice, and
stating that notice of the choice was given to the persons
therein mentioned to be elected, and that said persons were
summoned to attend the general court accordingly,
wiien two or SECTION 4. Whcucver two or more towns shall form a
onTdi^^tT^t/voT- representative district, according to the provisions of the
ZLtfiT^rTwl twenty-first article of amendment of the constitution, the
day of November, qualified votcrs iu cacli of said towns shall meet in their
respective towns on the Tuesday next after the first Monday
of November, annually, for the election of as m?.ny repre-
sentatives as such district so formed shall be entitled to
choose.
Meetings for rep- SECTION 5. All towu mectings for the choice of repre-
towns^'tob'e'caii- scutativcs, lu tlic gcucral court, shall bc called by the select-
ed in legally es- j^^qj^ ^f Qr^Q\^ towu, iu tlic mauncr legally established in such

tabhshed man- n- • i r

ner. towus jor calluig towu mcctings ; the warrant lor calling

the meeting shall direct that the voters shall be notified to
bring in their votes on one ballot for the representatives to
which such district may be entitled, and shall specify the
number thereof.

1857.— Chapter 311. 783

The selectmen shall preside in such meetings, and shall selectmen to

*■ T • 1 preside, &c.

have all the powers which are, by laAV, vested m moderators
of town meetings ; they shall openly receive, sort and count
all the votes there legally given by the qualified voters
present, and shall forthwith, publicly declare the whole
number of votes received, the names of all persons for whom
said votes were given, and the number of votes for each
person so given. The result of said ballotings shall be uesuitto be re-

IT.,,, iir. T V- J.J.1 corded, transcript

recorded m the town book of records, accordmg to the of record maue,
declaration thereof made, and the selectmen and town clerk ^''■
shall, forthwith, make out under their hands, and seal up,
in open town meeting, a true transcript of the record of
such result, and deliver the same to the clerk. The clerks cierkstomeeton
of the several towns of any representative district, formed examine tVans-
as provided by the fourth section of this act, shall meet ''"'''*■
together, at noon, on the day following said election, at a
place within the district, to be appointed as hereinafter
provided, and shall examine and compare the said tran-
scripts, and ascertain what persons, if any, have been duly
elected representatives of such district by the legal voters
thereof.

The said clerks, or a majority of them, shall make out a cierks to maiie
certificate of such election, under their hands, and transmit witwn ten days.
the same, by a constable of the town, to each person so
elected, within ten days after the day of their said meeting ;
and a certificate and return of such election shall be given certificate to be
under the hands of said clerks, and shall be delivered into secreTaV on or
the office of the secretary of the Commonwealth on or before ^vednesday fn''
the first Wednesday in January, in every year ; and such January.
certificate and return shall be the same in substance as pro-
vided in section three of this act. The several towns and compensation,
cities may provide such compensation for the performance
by the clerks or selectmen, of the duties herein required,
as they shall see fit.

Section 6. AVhencver any town or towns shall be em- *^'"f'' ^"'^^'"^"g^
braced in the same district with any ward or wards of any 7n \ne district,
city, the meetings for the elections of representatives in co^i';lu°cted as ia
such towns shall be called, conducted, and the result of the ^""^ section.
ballotings therein recorded and certified, as provided in the
fifth section hereof ; and the clerks of such wards shall city and town
meet with the clerks of such towns, for the purpose of and ascertain re-
ascertaining what persons, if any, have been elected; and ^""''^'''^^'"'""
the same proceedings shall be had in relation to making
certificates, returns, and records of such election, as are
provided in the fifth section of this act.

784

1857.— Chapter 311.

Mode of proceed-
ing in case of fail-
ure of election.

Officers author-
ized by law to
apportion the rep-
resentation, shall
select place for
clerks to ascer-
tain result of
election.

Notice to be
given, &c.

Place of meetings
may be changed.

Penalty for neg-
lect of duty.

Secretary to fur-
nish blanks.

Section 7. If upon examination and comparison of the
results of ballotings, it shall appear to said boards of alder-
men of cities, or clerks of towns and wards of cities in
districts, that such districts have failed to elect the number
of representatives to which such district is entitled, by-
reason that a sufficient number of persons have not received
a plurality of the votes cast, said mayor and aldermen, or
board of aldermen, shall proceed as provided in the second
section hereof, and clerks in wards of cities in the same
district with towns, shall certify the fact of a non-election
to the mayor and aldermen of such city, who shall issue
their warrant to said wards for another meeting, as provided
in the second section of this act. The clerks of towns shall
certify such fact to the selectmen of their several towns,
who shall forthwith issue their warrants for another meeting
for the election of representatives, (to fill such vacancy,) to
be held on the fourth Monday of the same November ; and
the same proceedings shall be had in the conducting of said
second election, and recording and ascertaining the result
thereof, notifying the persons elected, and making certificate
and returns of such election, as herein before provided.

Section 8. It shall be the duty of tlie county commis-
sioners, mayor and aldermen, or board of aldermen, or such
special commissioners as are by law authorized to apportion
the representation assigned to the several counties, at their
meeting for such purpose, to designate and appoint a place
in every representative district, containing more than one
town or city, or wards of more than one city, at which the
clerks of said towns and cities, or wards of cities, shall
assemble as herein before provided, for the purpose of ascer-
taining the result of elections ; and due notice of such
appointment shall be given by said commissioners or mayor
and aldermen to every town, city, and wards of cities in
such representative districts. But the place of such meet-
ings may thereafter be changed by the same authority, after
a hearing, and on a petition of any two of said clerks : pro-
vided, that no such change shall be made oftener than once
in two years.

Section 9. If any selectman, or other town or city offi-
cer, shall wilfully neglect or refuse to perform any of the
duties required of them by this act, they shall severally, for
each offence, forfeit a sum not exceeding two hundred
dollars.

Section 10. It shall be the duty of the secretary of the
Commonwealth to furnish to the county commissioners of
the several counties, and to the cities and towns of the Com-

. 1857.— Chapters 109, 110. 785

inon wealth, all the necessary blanks for the returns required
by this act.

Section 11. In case of any vacany in the office of town vacancy in of-
or city clerk or ward clerk, or any disability in any such satd.&T. ~'°'''
clerk to perform any of the duties herein respectively
required of them, the selectmen of any town, the mayor and
aldermen or board of aldermen of any city, or warden of
any ward as aforesaid, may respectively appoint a clerk, jJro
tempore, who shall be duly sworn, and shall perform such
duties.

Section 12. This act shall take effect from and after its
passage. [^Approved July 31, 1857.]

Resolve for the Pay of the Clerks, Door-keepers, and Messengers of the (J/iffu 109
two Houses of the Legislature. -* '

Resolved, That there be allowed and paid, out of the Payofcierks,&c.,
treasury of the Commonwealth, to the clerks, assistant- tL %me"i^"at
clerks, door-keepers and messengers of the two branches, the i*'* ^'"'«'0"-
same rates of compensation per diem, during the present
session, as were allowed to those officers, respectively, at the
last session ; and the governor is authorized to draw his
warrant accordingly. \_Approved July 30, 1857.]

Resolve for the Pay of the Chaplain of the Legislature. Chttp. 110

Resolved, That there be allowed and paid, out of the sso to Rev. joim
treasury of the Commonwealth, to Rev. John P. Cleveland, ' ^'"'''" '
of Lowell, the sum of fifty dollars, for his services as chap-
lain of the two branches, during the present session ; and
the governor is authorized to draw his warrant accordingly.
[Approved July 30, 1857.]

1857. — Change of Names. 787

CHANGE OE NAMES.

Secretary's Office.

By the 256th chapter of the Acts of 1851, entitled " An
Act to provide for the 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
return to the office of the Secretary of the Commonweal tli,
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." The following returns have
been received at this department in accordance with said act.

SUFFOLK.

Phebe Baker, takes the name of Ida Estclla Germain.

Eva Barnard Chase, takes the name of Mary Eloise
Edmands.

Sarah Ann Drown, takes the name of Sarah Ann Battell.

Delia Doherty, takes the name of Delia Willson.

Annie Ladd, takes the name of Gertrude Straw.

Albert F. Murphy, takes the name of Albert Freeman.

Mary E. Murphy, takes the name of Mary Elizabeth
Freeman.

Nathaniel L. Murphy, takes the name of Nathaniel
Murphy Lowe.

James H. Murphy, takes the name of James Murphy
Hurd.

Elizabeth Me Adams, takes the name of Elizabeth Adol-
phus Piercy.

Oriana Lucetta Marston, takes the name of Ann Eliza
Robbins.

788 1857. — Change of Names.

John James O'Halloran, takes the name of John James
Vallelly.

Parmelia Parker, takes the name of Mary Ann Young.

Anne Maria Porter, takes the name of Annie Bourne.

Abby Robinson, takes the name of Sarah Gertrude Babb.

Wallah Redding, takes the name of Wallah Redding.*

Laurctte Tibbetts, takes the name of Laura Ann Win-
chester.

John Williams, takes the name of John Russell Williams.

Decreed by Edward G. Loring, Judge of Probate for the
County of Suffolk.

ESSEX.

January 15, 1856. John Garrety, of Ipswich, takes the
name of John Henry Burnham.

March 4. William Ensign Sargent, of Lynn, takes the
name of William Parj-ott Sargent.

March 4. William Clark, of Lynn, takes the name of
William R. Clark. '

March 25. Francis Brown, (a minor,) adopted by John
Carr, of Newburyport, takes the name of George Francis Carr.

March 25. Almira Ellen Corson, (a minor,) adopted by
Peter Cropley, of Newburyport, takes the name of Emma
Judson Cropley.

May G. Abigail F. Jenkins, of North Andovcr, wife of
Benjamin Jenkins, takes the name of Abby F. Jenkins.

May G. Jens Rasmussen, of Gloucester, takes the name
of James R. Hamilton.

June 10. Eliza C. TurnbuU, (a minor,) adopted by
Joseph H. Dockum, of Newburyport, takes the name of
Mary Frances Dockum.

July 1. John Johnson, of Andover, takes the name of
John George Johnson.

September 2. Henrietta C. Janes, of Lynn, takes the
name of Henrietta C. Choate.

September 2. Samuel J. B. Currier, of Salisbury, takes
the name of Samuel J. Brown.

* The real name of the child Avas unknown to the petitioners. She is
the only survivor of the massacre in the Wallah Wallah Valley, in Cali-
fornia. Her wliite friends found- her, and saved her, giving her the name
of Wallah Redding, which name the probate court decreed that she should
be known by hereafter. Her parents were murdered with the other
Indians, at the time above alluded to, and the child was found lying across
tlie mother's breast alter the massacre.

1857.— Change of Names. 789

October 7. Charles Warren Johnson, of Nahant, takes
the name of Charles Benjamin Johnson.

Decreed by N. S. Howe, Judge of Probate for the County
of Essex.

MIDDLESEX.

January 8, 1856. Francis Harvey Batchelder, of Cliarles-
town, (a minor,) takes the name of George Francis Harvey
Batchelder.

January 8, Mary Augusta Walker Page, of Cambridge,
(a minor,) takes the name of Mary Page 8no\v.

February 19. Laura Elizabeth Bradford, of Lowell, (a
minor,) takes the name of Lizzie Ann Fay.

April 11. Abba Francis Colby, of Lowell, (a minor,)
takes the name of Anna Josepliine Blanchard.

April 24. Josephine Elizabeth Wigginton, of Stoneham,
(a minor.) takes the name of Josephine Elizabeth Brown.

August 10. Isabella Anthony, of Maiden, (a minor,)
takes the name of Isabella Anthony Gordon.

August 19. Mary Eliza Anthony, of Maiden, (a minor,)
takes the name of Mary Eliza Wait.

August 19. Fanny Clark Goddard, of j\[edford, (a
minor,) takes the name of Fanny Clark Bigelow.

September 16. Evangeline Hobbs, of Lowell, (a minor,)
takes the name of Alice Allen Ilosmer.

October 28. Elizabeth M. McEuen, of Framingham,
(single woman,) takes the name of Elizabeth Baker.

December 16. Clara Jane Hunt, of Cambridge, (a
minor,) takes the name of Clara Jane Orcutt.

Decreed l)y William A. Richardson, Judge of Probate for
the County of Middlesex.

WORCESTER.

January 1, 1856. Stephen Cutler, and Sarah Cutler, his
wife, adopt Hannah Adaline Winslow, and said Hannah
takes the name of Hannah Adaline Cutler.

February 5. Charles J. Ballard, and Eliza J. Ballard,
his wife, adoi)t Eunice Augusta Drury, and said Eunice
takes the name of Carrie Augusta Ballard, Hiram C.
Wight, and A. JMaria Wight, his wife, of AVorcet>ier, atlui)t
William Wendell Drury, and said William takes the name

790 1857. — Change of Names.

of William Drury Wight. Jason Chapin, and Lucy G.
Chapin, liis wife, of Worcester, adopt Helen Isabella IIow-
land, and said Helen takes the name of Helen Isabella
Chapin. Franklin Whipple, and Eliza W. Whipple, his
wife, of W^orcester, adopt Mary Jane Waite, and said Mary
Jane takes tlie name of Jennie Waite Whipple.

March 4, Andrew H. Ham, of Worcester, takes the
name of Andrew H. Hammond.

April 1. Eleazer Wheelock, and Mary W. Wheelock, his
wife, of Worcester, adopt Sarah Amarett Cleveland, and
said Sarah takes the name of Sarah Maria Wheelock. Wil-
lard H. Brown and Elizabeth H. Brown, his wife, of Wor-
cester, adopt Frances Ada Hanenstock, and said Frances
takes the name of Ada Isal)ella Brown. William Edwin
Rogers, of West Brookfield, takes the name of William
Edwin Gilbert.

May 22. Asaph Foskett, and Mary A. Foskett, his wife,
of Gardner, adopt George Orville Ford, and said George
takes the name of George Ford Foskett.

June 3. Sandford Fisk, and Lucy A. Fisk, his wife, of
Webster, adopt a female child left at their house, and said
child takes the name of Abbie Frances Fisk.

September 2. Henry Chapin, and Sarah R. Chapin, his
wife, of Worcester, adopt Eliza Leigh ton Randall, and said
Eliza takes the name of Annie Thayer Chapin.

Decreed by Thomas Kinnicutt, Judge of Probate for the
County of Worcester.

HAMPSHIRE.

May 6, 1856. George Sawyer Tracy, of Belchertown,
takes the name of George Sawyer. George Andrew Sawyer
Tracy, of Belchertown, takes the name of George Andrew
Sawyer.

June 3. John Eddy Dunbar Lamberton, of Ware, takes
the name of John Lamberton.

October 7. Richard E. Cole, and Eunice A. Cole, his wife,
of Huntington, adopt Charles Braman Herrick, (a minor,)
and said Charles takes the name of Charles Frank Cole.

December 2. George E. Lamb, and S. M. Lamb, his
wife, of Williamsburg, adopt Martha Riden, (a minor,) and
said Martha takes the name of Mary Eva Lamb.

Decreed by Ithamar Conkey, Judge of Probate for the
County of Hampshire.

1857. — Change of Names. 791

HAMPDEN.

January 1, 1856. Sarah Jane Moore takes the name of
Sarah Jane Orswell.

Decreed by Oliver B. Morris, Judge of Probate for the
County of Hampden.

FEANKLIN.

February 12, 1856. Asahel Hawks, and Almira Hawks,
his wife, of Heath, adopt Sarah Ida Brown, minor child of
Nahum P. Brown, of Florida, in the county of Berkshire,
and said Sarah takes the name of Sarah Ida Hawks. Asahel
Hawks, and Almira Hawks, his wife, of Heath, adopt Asahel
Hawks Coats, minor child of Sally A. Coats, of Heath, and
said Asahel takes the name of Asahel Coats Hawks.

March 11. John Goodwin, and Eliza B. Goodwin, his
wife, of Charlemont, adopt Lucy Maria Harris, minor child
of Sophronia M. Harris, of Heath, and said Lucy takes the
name of Harriet Ella Goodwin.

October 14. Francis Park, and Jane E. Park, his wife,
of Greenfield, adopt " an infant male child of only a few
days old, whose parentage is unknown," and said child takes
the name of Charles Sumner Park.

Amos Deth, Hannah Deth, his wife, and Hiram Deth, their
son, take the names of Amos Dexter, Hannah Dexter, and
Hiram Dexter.

October 21. Daniel Crosby, of Hawley, adopts Michael
Barden and Mary Ann Barden, minor children of Thomas
Barden, of Ireland, and they take the names of Willis
Thomas Crosby and Mary Ann Crosby.

Decreed by Franklin Bipley, Judge of Probate for the
County of Franklin.

BERKSHIRE.

December 2, 1856. William Wells Doolittle and Mary
Elizabeth Doolittle, take the names of William Wells Smith
and Mary Elizabeth Smith. Cynthia Jane Crouch, takes
the name of Cynthia Jane Wheeler.

Decreed by Daniel N. Dewey, Judge of Probate for the
County of Berkshire.

792 1857.— Change of Names.

NORFOLK.

January 12, 1856. Royal Lincoln Carsley, of Roxbury,
takes the name of Royal Lincoln.

January 19. Maria Marinda Bicknell, of Weymouth, (a
minor,) takes the name of Marinda Dorr Bicknell.

March 15. Sarah E. T. Burrage, of Roxbury, (a minor,)
takes the name of Sarah Burrage Palmer,

April 19. David Webber Gridley, of Roxbury, (a minor,)
takes the name of Daniel John Webber.

June 21. Bridget Kenny, of Quincy, (a minor,) takes
the name of Delia Shine. Mary A. Morris, of Stoughton,
takes the name of Mary Ann Page.

September 27. Henry Dewey Cain, of Cohasset, (a
minor,) takes the name of Henry Dewey Wilson.

October 11. Mary Augusta Wyman, of Dorchester, (a
minor,) takes the name of Augusta Clapp.

Decreed by W. S. Leland, Judge of Probate for the County
of Norfolk.

BRISTOL.

August 5, 1856. Humphrey Smith, of New Bedford,
takes the name of Humphrey Howland Henry Crapo Smith.

Decreed by Oliver Prescott, Judge of Probate for the
County of Bristol.

PLYMOUTH.

March 4, 1856. Peter Sprague, of Hingham, takes the
name of Peter N. Sprague.

December 1. Zenas M. Lane and Emeline M. Lane, of
Abington, adopt Mary Ann Fuller, of Charlestown, (a
minor,) and the said Mary Ann takes the name of Annie
Isabel Lane.

Decreed by Aaron Hobart, Judge of Probate for the
County of Plymouth.

1857. — Change of N'ames. 793

BARNSTABLE.

July 15, 1856. Setli A. Giflford and Jane B. Gifford, his
wife, of Falmouth, adopt Frances Oceana Giflford, (a minor,)
and the said Frances takes the name of Alice Frances Gif-
ford. Augustus Forest Smith, of Truro, takes the name of
John Forest Smith.

August 12. John Peroney, of Barnstable, takes the name
of John Peroney Eldridge. Ebenezer Hallet, junior, of
Yarmouth, takes the name of Ebenezer Alger Hallet.,

Decreed, by George Marston, Judge of Probate for the
County of Barnstable.

DUKE s.

185G. William Ross Merrills, of Edgartown, to take the
name of William Ross Pease. William Buckley Norton, of
Tisbury, takes the name of William Robert Norton.

Decreed by Theodore G. Mayhew, Judge of Probate for
the County of Dukes.

NANTUCKET.

1856. Sarah Briggs, takes the name of Sarah H. Briggs.
Franklin B. Chase takes the name of Benjamin Franklin
Chase.

Decreed by Samuel Mitchell, Judge of Probate for tlie
County of Nantucket.

LIST OF THE

CIVIL GOVERNMENT

OF THE

Commoubealtjj of Passarljusetts,

AND OFFICERS IMMEDIATELY CONNECTED THEREWITH,
FOR THE POLITICAL YEAR, 1857.

CIVIL GOVERNMENT — 1857

II IS EXCELLENCY

HENRY J. GARDNER,

GOVEllNOIl.

HIS HONOR

HENRY W . B E N (J H L E Y ,

LIEUTENANT-GOVERNOR.

COUNCIL.

CHARLES H. STEDMAN,
CHARLES R. TRAIN,
LA BAN M. WH EATON,
ANSEL PHELPS,

GEORGE HOWL AND, Jr.,
WILLIAM J. EAMES,
DANIEL P. PIKK,
EDWIN F. JENKS.

FRANCIS DeWITT,

Secretary of the Coinmonwealth.
CHAS. W. LOVETT, 1st Clerk. ALBERT L. FERNALD, 2d Clerk.

MOSES TENNEY, Jr.,

Treasurer and Receiver-General of the Coinmonwealth.
DANIEL H. ROGERS, 1st Clerk. JOHN H. SMITH, 2d Clerk.

CHANDLER R. RANSOM,

Auditor of Accounts.
WILLIAM. EVELETH, Clerk.

FRANCIS M. ADAMS,

Messenger to the Governor and Council.

aEI^ER^L COXJRT

SENATE.

CHARLES W. UPHAM

PRESIDENT.

SUFFOLK DISTRICT.

Robej't I. Burbank, George W. Messinger,

Benjamin C. Clark, Jacob Mitchell,

Jolni Cowdin, Henry B. Rogers.

ESSEX DISTRICT.

John Batchelder, Eben F. Stone,

Caleb D. Hunking, Charles W. Upham.

Eben S. Poor,

MIDDLESEX DISTRICT.

0. W. Albee, Gideon Haynes,

Arthur P. Bonney, Joseph White,

Constantine C. Esty, James M. Usher.

WORCESTER DISTRICT.

J. F. Hitchcock, Velorous Taft,

George F. Hoar, Ohio Whitney, Jr.

William Mixter,

HAMPSHIRE DISTRICT.

Wm. S. Brakenridge, Oliver Warner,

798 SENATE.

HAMPDEN DISTRICT.

Gad 0. Bliss, Matthew D. Field.

FRANKLIN DISTRICT.

Hugh W. Greene.

RERKSHIRE DISTRICT.

Henry L. Sabin, William Taylor.

NORFOLK DISTRICT.

Asaph Churchill, John N. Turner.

John M. Merrick,

BRISTOL DISTRICT.

Oliver Ames, Jr., Jeremiah S. Young.

Ezekiel R. ^Sawin,

PLYMOUTH DISTRICT.

Benjamin W. Harris, Azariah B. Wheeler.

BARNSTABLE DISTRICT.

John W. Atwood, Charles F. Swift.

DISTRICT OP NANTUCKET AND DUKE'S COUNTY.

John H. Shaw.

P. L. COX, Clerh.

WM. R. MARSH, Asshtant-Clerk.

Rev. JOHN P. CLEVELAND, Chaplain.

BENJAMIN STEVENS, Sergeant-at-Arms.

William M. Wise, Door-keeper.
John A. Sargent, Assistant Door-keeper,
George G. Brown, Page.
AViLLiAM R. Wise, Page.

HOUSE OF REPRESENTATIA^ES.

CHARLES A. PHELPS,

SPEAKER.

COUNTY OF SUFFOLK.

Boston, Thadcleus Allen,

John L, Andrews,
Horace E. Armington,
Ebenezer Atkins,
Samuel A. Bradbury,
Thomas M. Brewer,
Isaac T. Campbell,
Paul Curtis,
Albert Hay,
Charles Field,
Jonas Fitch,
Pliineas E. Gay,
Charles Hale,
George Heaton,
Albion K. P. Joy, _
Daniel Kimball,
William Marble,
Ebenezer Nelson,
Samuel Newmarch,
Thomas Nickersou,
Charles Nowell,
John A. Nowell,

800

HOUSE OF REPRESENTATIVES.

Boston, (Con.)

Chelsea,

North Chelsea,
Winthrop,

Charles A. Phelps, Speaker,
Enoch Plummer,
Edward F. Porter^
Ambrose A. Ranney,
Charles 0. Rogers,
Enoch C. Rolfe,
Thomas H. Russell,
James G. Sanderson,
Jonathan B. Severance,
Benjamin Smith,
William B. Spooner,
Francis D. Stedman,
John L. Swift,
Newton Talbot,
David Thayer,
George N. Thomson,
Otis Tufts,

Alexander H. Twombly,
Samuel Wads worth,
John G. Webster,
Albert J. Wright,
Edwin Wright.
Frank B. Fay,
John E. Wilder.

Amesbury,
Andover,

Beverly,

Boxford,

Bradford,

Danvers,

COUNTY OF ESSEX.

Alfred E. Goodwin.
George Foster,
Charles Furber.*
Charles Stephens,
John Knowlton.
George Pearl.

Israel W. Andrews,
* Deceased.

HOUSE OF REPRESENTATIVES.

801

Danvers, (Con.)

Essex,

Georg-etoum,

Gloucester,

Grove land,

Hamilton,

Haverhill,

Ipsivich,
Lawrence,

Lynn,

Lynn field,

Manchester,

Blarblehead,

Me th lien.
Middle ton,
Nahant,
Neivbury,
Neivbnryport,

North Andover,
Rockport,
Roioley,
Salem,

Salisbury,

Arthur A. Putnam,
Richard Smith.
Oliver H. P. Sargent.
Joseph P. Stickney.
George Norwood,
John S. Webber.
John Tenney.

Jesse Simonds,
William Taggart,
Joseph Farley.
Walker Flanders,
William Hardy,
Nathan W. Harmon.
Jeremiah 0. Bacheller,
George H. Chase,
Henry H. Payne,
Edwin Walden.
David A. Titcomb.
Larkin Woodberry.
John Lewis,
Richard Ramsdell.
Willard Spaulding.

William W. Perkins.
Thomas Atwood,
Hervey Kimball,
David Wood.

Thomas Hale.

Eleazer Austin,
John Bertram,
William B. Brown,
William Goodhue, Jr.,
James Kimball,
William C. Prescott.
William H. B. Currier,

802

Savgus,

South Danvers,

Svjampscott,

Topsfieid^

Wenham,

West IVeivburi/,

HOUSE OF REPRESENTATIVES.
Jacob B. Galley.

Benjamin Edwards, Jr.

Acton,

Ashby,

Ashland,

Bedford,

Billerica,

Boxborough,

Brighton,

Burlington,

Cambridge,

Carlisle,
Charlestown,

Chelmsford,

Concord,

Dracut,

Dunstable,

Framing-ham,

Groton,

Holliston,

Hopkinton,

Lexington,

Lincoln,

Littleton,

COUNTY OF MIDDLESEX.

William D. Tuttle.
Cyrus A. Davis.

Henry J. Patrick.
Dana Holden.

James Dana.
George Gleason.
Josiah Burrage, Jr.,
John C. Dodge,
Henry S. Hills,
William T. Richardson,
William A. Saunders.

James Lee, Jr.,
Seth L. Loring,
Eliab P. Mackintire,
Timothy T. Sawyer,
Amos Tufts.
David Perham.
Richard Barrett.
Henry Richardson.

Albert Ballard.
Warren F. Stone.
Edwin F. Whiting.
Albert Wood.
Charles Hudson.

HOUSE OF REPRESENTATIVES.

803

Loiuell,

Maiden,

Marlborough^

Medford,

Melrose,

Natick,

Newton,

North Reading-,

Pepperell,

Reading,

She?'born,

Shirley,

Somerville,

South Reading,

St one ham,

Stoiv,

Sudbury,

Teivksbury,

Toivnsend,

Tyngsboro ugh ,

Waltham,

Watertovm,

Wayland,

West Cambridge,

Westford,

IVeston,

Wilmington,

Winchester,

Woburn,

Shubael P. Adams,
Noah Conant,
Alfred Gil man,
John A. Goodwin,
Charles F. Hard,
Joshua Merrill,
Ira L. Moore,
Joseph S. Pollard,
Seth Pooler,
Ignatius Tyler.
George P. Cox.
Hollis Loring.
Elihu C. Baker.
Guy Lamkin.
Nathaniel Clark.
James F. C. Hyde,
Thomas Rice, Jr.

Charles Tarbell.
Amos Cummings, Jr.

Moses T. Gardner.
John S. Edgerly.
Madison Sweetser.
Jesse Dike.
Nathan S. Turner.
Ephraim Stone.

Luther Adams.
Daniel Lawrence.
Horatio Moore.
Joseph B. Keyes.
James M. Bent.
John Schouler.
Luther Prescott.
Alpheus Morse.
Asa G. Sheldon.
Alvin Taylor.
William T. Grammar.

804

House of representatives.

COUNTY

OF WORCESTER.

Ashhurnham,

Joseph p. Rice.

Athol,

Charles Field.

Auburn^

Barre,

James Miller.

Berlin,

Blackstone,

Emanuel N. Paine.

Bolton,

John E. Fry.

Boijlston,

William H. Sanford.

Brookjield,

Leonard Warren.

Charlton,

Riifus B. Dodge.

Clinton,

Horace Faulkner.

Dana,

Nathaniel L. Johnson.

Donglas,

David Phillips.

Dudley,

Wilham H. Larned.

Fitchburg,

Goldsmith F. Bailey,

Hale W. Page.

Gardner,

Grafton,

Luke F. Allen.

Hardwick,

Constant South worth.

Harvard,

Holden,

Jonathan M. Ladd.

Hubbardston,

Henry Prentiss.

Lancaster,

James Childs.

Leicester,

Hanson L. Read.

Leominster,

'James Bennett.

Lunenburg,

Mendon,

Alexander H. Allen.

Milford,

Aaron C. May hew.

Mill bury,

Joseph Robbins.

Neiv Braintree,

Henry N. Daniels.

Northboroug-h,

John Rice.

Northbridge,

Nathaniel D. Whitin.

North Brookfield,

Warren Tyler.

Oakham,

Nahum P. Humphrey

Oxford,

Lament B. Corbin.

Paxton,

David G.^Davis.

Petersham,

HOUSE OF REPRESENTATIVES.

805

Phillipston,

Princeton,

Royalston,

Rutland,

Shrewsbury,

Southboroug'h,

Southbridg-e,

Spencer,

Sterling,

Sturbridge,

Sutton,

Templeton,

Upton,

Uxbridge,

Warren,

Webster,

Westborough,

West Boylston,

West Brookjield,

Westminster,

Winchendon,

Worcester,

John Brooks.
Joseph Estabrook.
J. Warren Bigelow.
Jonathan Nichols.
Henry S. Wheeler.
Laroy Litchfield.
William Upham.
Moses Sawyer, 2d.
Vincent B. Newland,
Benjamin L. Bacheller.
Henry Smith.
Henry D. Johnson.
Jacob Taft.
Joseph B. Lombard.
Henry E. Bugbee.
Clark R. Griggs.
Amos Child.
John M. Fales.
Harrison G. Whitney.
Jacob B. Harris.
John B. D. Cogswell,
William T. Merrifield,
Dexter F. Parker,
George F. Thompson,
Stephen P. Twiss.

Amherst,

Belchertoivn,

Chesterfield,

Cummington,

Easthampton,

Enfield,

Goshen,

Granby,

Greenwich,

Hadley,

COUNTY OF HAMPSHIRE.

Enos D. Williams.
Samuel A. Shaw.

Theodore Clark.

806

HOUSE OF REPRESENTATIVES.

Hatfield,

Silas G. Hubbard.

Huntington,

Thomas Ring.

Middlefield,

Northampton,

John Deming,

Erastus Hopkins.

Pelham,

Plainfield,

Prescott,

South Hadley,

Gilbert A. Smith.

Southampton,

Almin B. Clapp.

Ware,

George H. Gilbert.

Westhampton,

Williamsburg,

Otis G. Hill.

Worthington,

John Adams.

COUNTY OF HAMPDEN.

Agawam,

Blandford,

James C. Hinsdale

Brimfield,

Oilman Noyes.

Chester,

Samuel Stebbins.

Chicopee,

Lewis M. Ferry,

John H. Smith,

John Wells.

Granville,

Holland,

Holyoke,

Alfred White.

Longmeadow,

Stephen T. Colton.

Ludlow,

Elisha T. Parsons.

Monson,

Albert Norcross.

Montgomery,

Palmer,

Sylvanus G. Shaw.

Russell,

Southwick,

Springfield,

John H. Fuller,

Daniel L. Harris,

Eliphalet Trask,

Henry Vose.

Tolland.

HOUSE OF REPRESENTATIVES.

807

Wales,

Westfield,

West Spriiigfield,

Wilbrakam,

James Holland.
Jonathan 0. Mosely.
John B. Morris.

Ashfield,

Bernardston,

Buckland,

Charlemont,

Culrain,

Conioap,

Deerfield,

Erving,

Gill,

Greenfield,

Hawley,

Heath,

Leverett,

Leyden,

Monroe,

Montag-ue,

Neiu Salem,

Northfield,

Orange,

Howe,

Shelburne,

Shutesbury,

Sunderland,

Warwick,

Wendell,

Whately,

COUNTY OP FRANKLIN.

Phillip Bassett.

Samuel L. Bardwell.
F. W. White.
David A. Dennison.
Robert A. Coffin.
Moses Stebbins.

Jonathan S. Purple.
Wendell T. Davis.

Aaron Dickinson.

Calvin Russell.
Charles A. Perry.
William D. Hastings.
Admiral A. Ward.

Adams,

Alford,
Becket,

COUNTY OF BERKSHIRE.

Salmon Burlingame,
Henry Tyler.

John Smith.

808

HOUSE OF REPRESENTATIVES.

Cheshire,

Clarksburg',

Da/ton,

Eg-remont,

Florida,

Great Barrington,

Hancock,

Hinsdale,

Lanesborough,

Lee,

Lenox,

Monterey,

Mount Washington,

New Ashford,

New Marlborough,

Otis,

Peru,

Pittsjield,

Richmond,

Sandisjield,

Savoy,

Sheffield,

Stockbridge,

Tyringham,

Washington,

West Stockbridge,

Willinmstoivn,

Windsor,

James Wilson.

Lorenzo H. Rice.

Veloras Burlingham.
Caleb Benton.
James H. Collin.

John P. "Wads worth.

George Campbell,
Elijah H. Dodge.

Sylvester Jones.

Gershom M. Fitch.
Henry Dresser.

Franklin B. Cone.
Levi Smedley.

Bellingham,

Braintree,

Brookline,

Canton,

Cohasset,

Dedham,

COUNTY OF NORFOLK.

Martin Rockwood, Jr,
Jason G. Howard.
Abijah W. Goddard.
Charles Endicott.
John Q. A. Lothrop.
Ezra W. Taft.

HOUSE OF REPRESENTATIVES.

809

Dorchester,

Dover,

Foxboroug-h,

Franklin,

Medjield,

Medway,

Milton,

Needham,

Quincy,

Randolph,
Roxbury,

Sharon,
Stoughton,
Walpole,
Weymouth,

West Roxbury,
Wrentham,

Edward H. R. Riiggles,
George M. Browne.

John Littlefield.
Theron C. Hills.

Tisdale S. White.
Amos Poole.
George K. Daniell.
George L. Gill,
Francis M. Johnson.
Jonathan Wales.
Joseph N. Brewer,
Isaac S. Burrill,
Abijah W. Draper,
Thomas Farmer,
William S. King,
Amos Stevens.
Moses Richards, Jr.
Elisha C. Monk.
Jeremiah Allen,
Joseph Loud, Jr.,
David S. Murray.

Preston Pond.

Attleborough,

Berkley,

Dartmouth,

Dighton,

Easton,

Fairhaven,

Fall River,

Freetown,

COUNTY OF BRISTOL.

Hervey M. Richards,

Nathaniel Potter, Jr.
Benjamin Trafton.
John Kimball.
Daniel J. Lewis.
Vernon Cook,
John E. Grouard,
Jonathan E. Morrill,
Brownell W. Woodman.
Ambrose W. Hathaway.

810

HOUSE OF REPRESENTATIVES.

Mansfield^
New Bedford,

Norton,

Pawtucket,

Rai/nhani,

Rehoboth,

Seekonk,

Somerset,

Swanzy,

Taunton,

Westport,

Willard Billings.
William H. Allen,
William W. Crapo,
George H. Dunbar,
Hattil Kelley,
Thomas H. Soule.
Leonard Hodges.
Albert Bliss.
Robert Carver.
Charles M. Dean.
Sydney Daggett.

Lawson Blood,
Charles Foster,
Henry H. Fox.
Abiel Davis.

Abington,

Bridgeivater,

Carver,

Duxbury,

East Bridgeivater,

Halifax,

Hanover,

Hanson,

Hingham,

Hull,

Kingston,

Lakeville,

Marion,

Mars life Id,

Mattapoisett,*

COUNTY OF PLYMOUTH.

Daniel U. Johnson,
James W. Ward.
Joshua E. Crane.

William J. Alden.
Asa Mitchell.

Isaac M. Wilder.
Samuel L. Rockwood.
William Whiton.

Henry Hunt.

Charles W. Macomber,

* Incorporated, 1857.

HOUSE OF REPRESENTATIVES.

811

Middleborono^h ,

North Bridg-ewater,

Pembroke,

Ply mouthy

Plympton,

Rochester,

Scitvate,

South Scituate,

War eh am,

West Bridg-eivater,

Calvin D. Kingman,
William H. Wood.
Paul Couch.

Gustavus D. Bates,
Eleazer C. Sherman.

Garrison B. Blackmer,
Thomas Conant.
Horatio N. Gardner.
John M. Kinney.
James Copeland.

Barnstable,

Brewster,

Chatham,

Dennis,

Eastham,

Falmouth,

Harwich,

Orleans,

Provincetoivn,

Sandivich,

Truro,

Wellfleet,

Yarmouth,

COUNTY OF BARNSTABLE.

Nathaniel Hinckley,
Asa E. Lovell. •
Tully Crosby.
Thomas Dodge.
Luther Studley.

James T. Dillingham.
Elkanah Nickerson.
Chapman Seabury.
Nathaniel E. Atwood.
Charles H. Nye.
Adin H. Newton.
Richard Stubbs.
Zadok Crowell.

Chilmark,

Edgartown,

Tisbury,

Nantucket,

duke's county.

John Vinson.
Henry Bradley.

county of NANTUCKET.

John Morissey,
Edward Hammond,
William W. Wood.

812 HOUSE OF REPRESENTATIVES.

WILLIAM ST GAVE, Clerk.

STEPHEN N. GIFFORD, Assistant- Clerk.

Rev. DANIEL FOSTER, Chaplain.

BENJAMIN STEVENS, Sergeant-at-Arms.

Alexis Poole, Door-keeper.

Henry Oaks, Messenger.

GuSTAVUS E. Haynes, Assistant-Messenger.

William Sayward, Postmaster.

Joseph P. Dexter, Jr., Page.

Amasa H. Tolman, Assistant-Page.

A CONSTITUTION

FOUM OF GOYERNMENT

Commantoealtj) at SJassat|«sttts.

PREAMBLE.

The ei)d of the institution, maintenance and administra- objects of gov-

- . , . r> 1 1 1 eminent.

tion 01 government, is to secure the existence ot the body
politic ; to protect it ; and to furnish the individuals who
compose it, with the power of enjoying, in safety and tran-
quillity, their natural rights, and the blessings of life : and
whenever these great objects are not obtained, the people
have a right to alter the government, and to take measures
necessary for their safety, prosperity and happiness.

The body politic is formed by a voluntary association of Bo<iy po'J"''' i^o'^
individuals ; it is a social compact, by which the whole peo- its nature.
pie covenants with each citizen, and each citizen with the
whole people, that all shall be governed by certain laws for
the common good. It is the duty of the people, therefore,
in 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 people of Massachusetts, acknowledging,
with grateful hearts, the goodness of the great Legislator of
the universe, in aflTording us, in the course of his provi-
dence, an opportunity, deliberately and peaceably, without
fraud, violence, or surprise, of entering into an original,
explicit, and solemn compact with each other ; and of form-

814 CONSTITUTION.

ing a new 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 Rights, and Frame of Gov-
ernment, as the CONSTITUTION of the Commonwealth
OF Massachusetts.

PART THE FIRST.

A Declaration of the Rights of the Inhabitants of the
Commonwealth of Massachusetts.

Equality and Art. I. All mcu are born free and equal, and have cer-

of llfmen.^ *^ talu uatural, essential, and unalienable rights ; among which
may be reckoned the right of enjoying and defending their
lives and liberties ; that of acquiring, possessing, and pro-
tecting property ; in fine, that of seeking and obtaining their
safety and happiness.

Kight and duty II. It is the right as well as the duty of all men in

worehip*!"^^""'^ society, publicly, and at stated seasons, to worship the
SUPREME BEING, the great Creator and Preserver of the

Protection there- universe. 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 the happiucss of a pcoplc, and the 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 worship of GOD, and of public instructions

Legislature em- jn piety, rcligion and morality : Therefore, to promote their

powered to com- i- -, . iti \ ^ • c

pel provision for liappuiess, and to secure the good order and preservation ot
public worship; ^j^^j^. government, the people of this Commonwealth have a
right to invest their legislature with power to authorize
and require, and the legislature shall, from time to time,
authoi'ize and require, the several towns, parishes, precincts,
and other bodies politic, or religious societies, to make
suitable provision, at their own expense, for the institution
of the public worship of GOD, and for the support and
maintenance of public Protestant teachers of piety, religion

CONSTITUTION. 815

and morality, in all cases where 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" ^seT amend-
upon all the subjects an attendance upon the instructions of ■"®°'^'^''*-''^-
the public 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 neht of
ishes, precincts, and other bodies politic, or religious societies, Laches securea*
shall, at all times, have the exclusive right of electing their
public teachers, and of contracting with them for their
support and maintenance.

And all moneys, paid by the subject to the support of option as to

• • /> • whom pfirocliini

public worship, and of the public teachers aforesaid, shall, taxes may be

if he require it, be uniformly applied to the support of the p^"!- «n>ess, &c.

public teacher or teachers of his own religious sect or

denomination, provided there be any on whose instructions

he attends ; otlierwise it may be paid towards the support see ameuaments,

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 denomina-
selves peaceably, and as good subjects of the Commonwealth, tectecr'"'^ ^''™"
shall be equally under the protection of the law : and no subordination of

,T,. o J 1 -i-j^ ii onesect toanoth-

subordination or any one sect or denomniation to another er prohibited.
shall ever be established by law.

IV. The people of this Commonwealth have the sole and Right of seif-gov-

T . . 1 . V • ,1 1 p • ernment secured.

exclusive right oi governmg themselves, as a tree, sovereign,
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 trJ'oniy''titio
exclusive privileges, distinct from those of the community, ["ses7"hereduary
than what arises from the consideration of services rendered offices are absurd

. , , and unnatural.

to the public ; and this title being in 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.

816 CONSTITUTION.

Objects of govern- VII. Govemment is instituted for the common good;

people to^^nsu- foi" tlic protcction, safety, prosperity and happiness of the

uucana change 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.

Hight of people VIII. lu ordcr to prevent those, who are vested with

in ^office"" '^ '"" authority, from becoming oppressors, the people have a right,

at sucli 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.

Au, having IX. All clcctions ought to be free ; and all the inhabi-

the qualifications , , n ,-i • /-t i,ii • i t£?j^'

prescribed,equai- tauts 01 this (Jommouwealth, having such qualifications as
1.V eligible to of- i^ijg^ shall establish by their frame of government, have an
equal right to elect officers, and to be elected, for public
employments.
liiiiht of protec X. Each individual of the society has a right to be
roTtribution^co?- protcctcd by it in -the enjoyment of his life, liberty and
relative. propcrty, accordlug 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 founded wheu ncccssary : but no part of the property of any indi-

Oil consent. ^ i i •/ •/

vidual, can, with justice, be 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 givcu tlicir coiiseiit. Aud wlicnever the public exigencies
for public u.?cs require that the property of any individual should be appro-
without, &c. priatod to public uses, he shall receive a reasonable compen-
sation therefor.
Remedie.s by re- XI. Evciy subjcct of tlic Commonwealtli ought to find
to"bTfree!'Mm- ^ ccrtaiu rcmcdy, by having recourse to the laws, for all
piete, and prompt injuries or wroiigs which he may receive in his person,
property or character. He ought to obtain right and justice
freely, and without being obliged to purchase it ; completely,
and without any denial ; promptly, and without delay, con-
formably to the laws.
uuteT'''°°' '^^" XII. No subject shall be held to answer for any crimes
or offence, until the same' is fully and plainly, substantially
and formally, described to him ; or be compelled to accuse,
or furnish evidence against himself: and every subject shall
have a right to produce all proofs that may be favorable to

CONSTITUTION. 817

him ; to meet the witnesses against him face to face, and to
be fully heard in his defence by himself, or his counsel, at
his election. And no subject shall be arrested, imprisoned,
despoiled, or deprived of his property, immunities, or privi-
leges, put out of the protection of the law, exiled, or deprived
of his life, liberty, or estate, but by the judgment of his peers,
or the law of the land.

And the legislature shall not make any law that shall ?,f '^^^"g*^^'*^ ^\
subject any person to a capital or infamous punishment, cases, except, &c.
excepting for the government of the army and navy, without
trial by jury.

XIII. In crimiiuil prosecutions, the veritication of facts, ^""^^i .'° '^'^

.... J '. , ' proved in the

in the vicinity where they happen, is one oi the greatest vicinity.
securities of the life, liberty, and property of the citizen.

XIV. Every subject has a right to be secure from all ^^s^^^ pf search
unreasonaljle searches and seizures of his person, his houses, mated.

his papers, and all his possessions. All warrants, therefore,
are contrary to this right, if the cause or foundation of them
be not previously supported by oath or affirmation ; and if
the order in the warrant to a civil officer, to make search in
suspected places, or to arrest one or more suspected persons,
or to seize their property, be not accompanied with a special
designation of 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.

XY. In all controversies concerning property, and in all R'siit to tnai by

.,1, , " '^, . '' ' . i-i jury sacred, ex-

suits between two or more persons, except m cases in 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' wages, the
legislature shall hereafter find it necessary to alter it.

XVI. The liberty of the press is essential to the security Liberty of the
of freedom in a state : it ought not, therefore, to be restrain- ''™"''

ed in this Commonwealth.

XVII. The people have a right to keep and to bear arms Right to iveep and
for the common defence. And as, in time of peace, armies i'„''g''rrmi!;s^'dan-
are dangerous to liberty, thev ought not to be maintained g"0"**- Military

. " (Ti'i-i 1 power subordi-

without the consent oi the legislature; and the military uate to ciwi.
power shall always be held in an exact subordination to the
civil authority, and be governed by it.

XVIII. A frequent recurrence to the fundamental prin- Moral quaiifica-
ciples of the constitution, and a constant adherence to those ""^ °'^''

of piety, justice, moderation, temperance, industry, and fru-
gality, are absolutely necessary to preserve the. advantages
of liberty, and to maintain a free government. The people

818 CONSTITUTION.

ought, consequently, to have a particular attention to all

those principles, in the choice of their oflBcers and represen-

Morai obligations tativcs : and they have a right to require of their lawgivers

magistrates. and magistrates, 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. Thc pcoplc liavc a right, in an orderly and peace-

instruct repre- ,- ii i j

sentatives and able maunor, to assemble to consult upon the common good ;

pehtiou egisia- ^-^^ instructions to their representatives, and to request of
the legislative body, 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 suspcudiug the laws, or the execution

executTon' ^^^ of tlic laws, ought ucvcr to be exercised but by the legisla-
ture, or by authority derived from it, to be exercised in such
particular cases only as the legislature shall expressly pro-
vide for.

Freedom of de- XXI. Thc frccdom of deliberation, speech and debate,

reason thereof, iu citlicr housc of thc legislature, is so essential to the rights
of the people, that it cannot be the foundation of any accusa-
tion or prosecution,' action or complaint, in any other court
or place whatsoever.

Frequent ses- XXII. Thc legislature ought frequently to assemble for

sions, and oh- .■• i /• • j^ ,• , , i • j

jects thereof the rcdrcss 01 grievances, lor correcting, strengthening and
confirming the laws, and for making new laws, as the com-
mon good may require.
Taxation founded XXIII. No subsidy, 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 post facto laws XXIV. Laws made to punish for actions done before
prohibited. ^YiQ 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.
Legislature not to XXV. No subjcct ouglit, ill aiiy casc, Or in any time, to
sonj&c. "^ ^^ be declared guilty of treason or felony by the legislature.
Excessive bail or XXVI. No magistrate or court of law shall demand
punlshmentspro- cxccssive bail or sureties, impose excessive fines, or inflict
hibited cruel or unusual punishments.

Nojoidier_ to^be XXVII. lu timc of pcacc, no soldier ought to be quar-

house, unless, &"c tcrcd in aiiy house without the consent of the owner ; and in

time of war, such quarters ought not to be made but by the

civil magistrate, in a manner ordained by the legislature.

Citizens exempt XXVIII. No pcrsou cau iu auv case be subiected to

fromlaw-martial, , j-i ■ i. ■ ■, • i> ^ i

unless, &c. law-martial, or to any penalties or pains, by virtue oi that

CONSTITUTION. 819

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 Judges of su-
of every individual, his life, liberty, property and character, court.
that there be 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
lot of humanity will admit. It is, therefore, not only, the Tenure of their
best policy, but for the security of the rights of the people,
and of every citizen, that the judges of tlie supreme judicial
court should hold their offices as long as they behave them-
selves well, and that they should have honorable salaries salaries.
ascertained and established by standing laws.

XXX. In the government of this Commonwealth, the separation of ex-
legislative department shall never exercise the executive and '^^iegVatTve
and judicial powers, or either of them: the executive shall •^'^p^^'t^e"'^
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 be a
government of laws, and not of men.

PART THE SECOND.

The Frame of Government.

CHAPTER I.

THE LEGISLATIVE POWER.
SECTION I.

The General Court.

Art. I. The department of legislation shall be formed i-egisiative de-
by two branches, a Senate and House of representatives; ^'^'^'"'^"'
each of which shall have a negative on the other.

820 CONSTITUTION.

See amendments, TliG legislative bodj sliall assemble every year, on the last
Art. X. Wednesday in May, and at such other times as they shall

judge necessary ; and shall dissolve and be dissolved on the
day next preceding the said last Wednesday in May ; and
shall be styled, The General Court op Massachusetts.
Governor's veto. II, No bill Or rcsolvc of the Senate or house of repre-
sentatives shall become a law, and have force as such, until
it shall have been laid before the governor for his revisal ;
and if he, upon such revision, approve thereof, he shall 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
Bill may be pass- rccords, and proceed to reconsider the said bill or resolve:
of eich'^^house! but if, after such reconsideration, two-thirds of the said
notwithstanding, gguate or housc of rcprescntativcs, shall, notwithstanding the
said objections, agree to pass the same, it shall, together
with 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.
See amendments, And iu Order to prcvcut unnccessary delays, if any bill
'^'"' ^' or resolve shall not be returned by the governor within five

days after it shall have been presented, the same shall have
the force of a law.
General court III. Thc general court shall forever have full power and
jSatories!""''' authoHty to erect and constitute judicatories and courts of
rourts of record, j^ecord, or othcr courts, to be 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 tilings, whatsoever, arising or happening
within the Commonwealth, or between or concerning per-
sons inhabiting, or residing, or brought within the same ;
whether the same be criminal or civil, or whether the said
crimes be capital or not capital, and whether the said pleas
be real, personal, or mixed ; and for the awarding and
Courts, &c., may making out of execution thereupon : to which courts and
administer oaths, j^^j^l^^j^y^.jgg ^^^ hercbygivcn and granted full power and
authority, from time to time, to administer oaths or affir-
mations, for the better discovery of truth in any matter in
controversy, or depending before them.

CONSTITUTION. 821

IV. And further, full power and authority are hereby General court
given and granted to the said general court, from time to ™^y e^*^"* i'''".
time, to make, ordain and establish, all manner of whole-
some and reasonable orders, laws, statutes and ordinances,
directions and instructions, either with penalties or without ;
so as the same be not repugnant or contrary to this consti- not repugnant to

,,. , lU'Tir- T 1 IP c the constitution ;

tution, as tliey shall judge to be lor the good and welfare oi
this Commonwealth, and for the government and ordering
thereof, and of the subjects of the same, and for the neces-
sary support and defence of the government thereof; and ^^^ p,;;"^^,^*^^^
to name and settle annually, or provide by fixed laws, for appointmeut 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 their
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 the 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 ^luties and ex-

cisGS '

impose and levy reasonable duties and excises upon any pro-
duce, goods, wares, merchandise, and commodities whatso-
ever, brought into, produced, manufactured, or being within
the same ; to be issued and disposed of by warrant, under
the hand of the governor of this Commonwealth for the time
being, with the advice and consent of the council, for the to be disposed of

11? • • .1 1 c J i. c J.1 for defence, pro-

public service, in the necessary deience autl support oi the tecnon, &c.
government of the said Commonwealth, and the protection
and preservation of the subjects thereof, according to such
acts as are or shall be in force within the same.

And while the public charges of government, or any part vauiation of ea-

,- oini 1 11 1 ii • 1 tates once in ten

thereoi, shall be assessed on polls and estates, in the manner years, at least,
that has hitherto been practiced, in order that such assess- "'^'^^' *°'
ments may be made with equality, there shall be a valua-
tion of estates within the Commonwealth, taken anew once
in every ten years at least, and as much oftener as the
general court shall order,

822 CONSTITUTION.

CHAPTER I.

SECTION II.

Senate.

Senate, number Art. I. There shall be annually elected, by the free-
eLted.'^^' ''^°'" holders and other inhabitants of this Commonwealth, qual-
see amendments, ified as in tliis constitution is provided, forty persons to be
xvi! ' ' "" 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 such
districts shall never be less than thirteen ; and that no dis-
trict be so large fis to entitle the same to choose more than
six senators.
Counties to be And tlic scvcral counties in this Commonwealth shall,
districts, until, ^^^^^q ^j^^ general court shall determine it necessary to alter
See amendments, ^j-^q g^j^j districts, bc districts for tlie choice of councillors

Arts. Alii, ana ' r« i j

XXII. 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. : —

Suffolk, .... six.

Essex, . . . six.

Middlesex, . . . five.

Hampshire, . . . four.

Plymouth, . . . three.

Barnstable, . . . one.

Bristol, .... three.

York, .... two.

Dukes Co. and Nantucket, one.

Worcester, . . . five.

Cumberland, . . . one.

Lincoln, .... one.

Berkshire, . . . two.

Manner and time II. Tlic sBuate sliall be thc first braucli of the legisla-

tws^and councu- ture ; and the senators shall be chosen in the following

i"''^- manner, viz. : there shall be a meeting on the first Monday

See amendments, in April, aunually, forcvcr, of the inhabitants of each town

and XV.' ' ' iu 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 clccting pci'sons to bc scuators and councillors ; and at

Arts. III. and g^^j^ mcctings cvcry male inhabitant of twenty-one years of

age and upwards, having a freehold estate, within the Com-

CONSTITUTION. 823

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 ^°'f„'y g^*^"

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-

. .-^ Till • 1 fill Side at town meet-

meetnigs mipartially, and shall receive the votes oi all the ings.
inhabitants of such towns, present and qualified to vote for
senators, and shall sort and count them in open town meet-
ing, and in presence of the town clerk, who shall make a Return of votes
fair 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 fair copy of this
record shall be attested by the selectmen and the town clerk,
and shall be sealed up, directed to the secretary of the
Commonwealth, for the time being, with a superscription
expressing the purport of the contents thereof, and delivered
by the town clerk of such towns, to the sheriflf of the county see amenaments,
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 sheriflF 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 plantations, who
empowered and required to assess taxes upon themselves may vote* ^^^^'
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 sliall 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 shalf 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 be assessed to the support of government,
by the assessors of an adjacent town, shall have the privilege
of giving in their votes for councillors and senators, in the

8M CONSTITUTION.

town where they shall be assessed, and be notified of the

place of meeting, by the selectmen of the town where they

shall be assessed, for that purpose, accordingly.

^o°undi"to ""x'i •^^I- ^^^^ ^l^^t there may be a due convention of senators

amine and count Qu tlio last Wcdnesdav in May, annually, the governor, with

TOtes, and i»sue n n ., -i /• xi ^- i • in

summonses. iivc 01 the councii, lor the time benig, sliall, as soon as may
See amendments, bc, cxamiiie the retumod copies of such records ; and four-
teen days before the said day, he shall issue his summons to
such persons as shall appear to be chosen by a majority of
voters, to attend on that day, and take their seats accord-
ingly : provided, nevertheless, that for the first year, the said
returned copies shall be examined by the president and five
of the council of the former constitution of government ;
and the said president shall, in like manner, issue his sum-
mons to the persons so elected, that they may take their
seats as aforesaid,
Seofe°ie^cUons' ^^ ' "^^^^ sciiate shall bc the final judge of the elections,
&c., of its own returns, and qualifications of their own members, as pointed
out in tlie constitution ; and shall, on the said last Wednes-
se^eamendments, day iu May, aunually, determine and declare who are elected
by each district, to be^enators, by a majority of votes : and
in case there shall not appear to be the full number of sena-
tors returned, elected ))y a majority of votes, for any district,
the deficiency shall be supplied in the following manner,
flued""^^' ^°^ ^^^' ' '^^^^ members 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, amountiiig 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, nevertheless, that no person shall be capa-
see amendments, blc of bciiig clcctcd as a scuator, who is not seized in his
Art. XIII. Q^^jj j.jgl^^ ^|. ^ freehold, within this Commonwealth, of the

value of three hundred pounds at least, or possessed of per-
sonal estate of the value of six hundred pounds at least, or
of both to the amount of the same sum, and who has not
been an 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. 825

VI. The senate shall have power to adjourn themselves, senate not to ad-
provided such adjournments do not exceed two days at a tw"o'^da™s°"^ ^^^"^
time.

VII. The senate shall choose its own president, appoint suaii choose its

. . nf, IT, • • , 1 /• T officers and es-

its own omcers, and determnie its own rules or proceeduigs. tabhsh us mies.

VIII. The senate shall be a court, with full authority, to shaii tryaii im-
hear 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 : but, previous to the trial of every impeachment, the oath.
members of the senate shall, respectively, be sworn, truly
and impartially to try and determine the charge in question,
according to evidence. Their iudgment, however, shall not Limitation of

senteiice

extend further than to removal from office, and disqualifica-
tion to hold or enjoy any place of lionor, trust, or profit,
under this Commonwealth : but the party so convicted shall
be, nevertheless, liable to indictment, trial, judgment and
punishment, according to the laws of the land.

IX. Not less than sixteen members of the senate shall Quorum,
constitute a quorum for doing business.

CHAPTER I.

SECTION III.

House of Representatives.

Art. I. There shall be, in the legislature of this Cora- Representation of
monwealth, a representation of tlie people, annually elected, t'le people.
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 seelme'JJd^mente;
of equality, every corporate town, containing one hundred an^^^^"' ■'^"^'
and 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 liundred 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 ir^r'^thanTso
one representative ; but no place shall hereafter be incorpo- ratable poiis.
rated with the privilege of electing a representative, unless
there are within the same one hundred and fifty ratable
polls.

826 CONSTITUTION.

Towns uabie to And the lioiise of representatives shall have power, from
fine in case, &c. fi^^e to time, to imposo fincs iipou such towns as shall neg-
lect to choose and return members to the same, agreeably to
this constitution.
Expense of trav- The cxpenscs of travelling to the general assembly, and

ellire to and from j.»i • •! in

the general court, retumuig homc, ouco m every session, and no more, shall
how paid. j^g pg^j^^ y^j j-jjg 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 HI. Evcry member of the house of representatives shall
seeame^fdnfenls; bc choscu by writtcu votcs ; aud, for one year at least next
Arte. xiu. and pj-gcediug his clcction, 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 he shall cease to represent the said town,
immediately on his ceasing to be qualitied as aforesaid.
Qualifications of lY, Evcry male person, being twenty-one years of age,
and resident in any particular town in this Commonwealth,
See amendments, fgi' the spacc of oueycar ucxt preceding, having a freehold
XX." ' 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, Y. Tlic mcmbers of tlic liousc of representatives shall
See amendments, bc clioscu annually iu tlic moutli of May, ten days at least
Arts.x.andxv. ^^^^^,^ ^j^^ j^^^ Wednesday of that month.

House alone can VI. The liouso of representatives shall be the grand
impeac . inquest of this Commonwealth ; and all impeachments made

by them shall be heard and tried by the senate.
House to origi- VII. All mouoy bills shall originate in the house of rep-

nate all money , , . i ^ ^ i i • ii

bills. resentatives ; but the senate may propose or concur with

amendments, as on other bills.
more*°han°two VIII. Tlic housc of representatives shall have power to
days. adjourn themselves ; provided such adjournment shall not

exceed two days at a time.
Quorum. jx. Not Icss thaii sixty members of the house of repre-

See amendments, . in • f t • ^ •

Art. XXI. sentatives shall constitute a quorum tor doing business.

House to judge of X. Tlic housc of representatives shall be the judge of
its own members; tlic rcturiis, elcctions, aiid qualifications of its own members,
to choose its offi- as pointed out in the constitution ; shall choose their own
its rules, "&c. " spcakcr, appoint their own- officers, and settle the rules and
May punish for ordcrs of proceeding in their own house. They shall have

certain offences. xi-ix 'ii-- ^ j.

avithority to punish by imprisonment, every person, not a
member, who shall be guilty of disrespect to the house, by

CONSTITUTION. 827

any disorderly or contemptuous behavior in its presence ; or
who, in the town where the general court is sitting, and
during the time of its sitting, shall threaten harm to the body
or estate of any of its members, for any thing said or done
in the house ; or who shall assault any of them tiierefor ; 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 Privileges of
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 ooyernorand

•1 1 11 1 1 council may

cases ; and the governor and council snail liave tlie same punish.
autliority to punish in like cases: provided, that no impris- General umita-
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 liouse of representatives mav try and Trial may be by

1 . n ,.'■., 1--1 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 way as they may, respectively, think
best.

CHAPTER 11.

EXECUTIVE POWER.
SECTION I.

Governor.

Art. I. There shall be a supreme executive magistrate, oovemor.
who shall be stvled— THE GOVERNOR OF THE COM-
MONWEALTH OF MASSACHUSETTS; and whose title His title.
shall be — His Excellency,

II. The governor shall be chosen annually ; and no to be chosen
person shall be eligiV)le to this ollice, unless, at the time of his Qu°^cations.
election, he shall have been an inliabitant 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 seeameadmenta,
Christian religion.
65

828 CONSTITUTION.

By whom chosen, III. TliosG pGrsoHS wlio shall be qualified to vote for
jority of votes™''' seiiatoi's aiid representatives, within the several towns of
this Commonwealth, shall, at a meeting to be called for that
See amendments, purposo, ou the first Moudaj of April, annually, give in their
and^v? ' ' votes for a governor, to the selectmen, who sliall 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 number of votes for each person against
his name ; and shall make a fair record of the same in the
town books, and a public declaration thereof in the said
meeting ; and shall, in the presence of the inhabitants, seal
up copies of the said list, attested by him and the selectmen,
and transmit the same to the sheriff of the county, thirty
days at least before the last Wednesday in May ; and the
sherifi' 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 tlie secre-
tary shall lay the same before the senate and the house of
representatives, on the 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
How chosen, and published ; but if no person shall have a majority of
has^°a°majorUy! votcs, tlic housc 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 proceed,
by ballot, to elect one, who shall be declared governor.
Power of govern- lY, Tlic govcmor sliall liavc authority, from time to
ernor"and coun- tlmc, at lus discrctiou, to asscuible and call together the
'■''■ councillors of this Commonwealth for the time being ; and

the governor, with the said councillors, or five of them at
least, shall, and may, from time to time, hold and keep a
council, for the ordering and directing the affairs of the
Commonwealth, agreeably to the constitution and the laws
of the land.
Same subject. V. The govcmor, with advice of council, shall have full

power and authority, during the session of the general court,
to adjourn or prorogue the same to any time the two houses
shall desire ; and to dissolve the same on the day next pre-
see amendments, ceding the last Wednesday iu 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. 829

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, wherel)y
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 tlie said general court on st-e amendments,
the day next preceding the last Wednesday in May.

VI. In cases of disagreement between the two houses. Governor and
with regard to the necessity, expediency, or time of adjourn- JoTn the"generai
ment, or prorogation, the governor, with advice of the coun- ^""''V '? T^^'

•1 1 11 1 ° . 1 " T ' , &c.. but not ex-

cii, sliall have a right to adjourn or prorogue the general ceeding ninety
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, cS""''''"""'""
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 witliDut 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, delared 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 ships, 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.

830

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,
Arts.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,
&c.

Officers duly
commissioned,
how removed.

Provided, that the said governor sliall 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 whicli 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 particular expressions contained therein, descrip-
tive of the offence or offences intended to be pardoned.

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 sliall 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 no officer, duly commissioned to command in the
militia, shall be removed from his office, but by the address

CONSTITUTION. 831

of both houses to the governor, or by fair trial in court See amendments,
martial, 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- *"' *^^°"' ^'"
majors; and the major-generals their aids ; and the governor
shall appoint the adjutant-general.

The governor, with advice of council, shall appoint all
officers of the continental army, whom by the confederation
of the United States it is provided that this Commonwealth
shall appoint, — as also all officers of forts and garrisons.

The divisions of the militia into brigades, regiments and ^^t?'^°^"°° °^
companies, made in pursuance of the militia laws now in
force, shall be considered as the proper divisions of the
militia of this Commonwealth, until the same shall be altered
in pursuance of some future law,

XI. No moneys shall be issued out of the treasury of Money, how
this Commonwealth and disposed of (except such sums as treasury, except.
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 pubuc boards,
superintending officers of public magazines and stores, quarterly returns
belonging to this Commonwealth, and all commanding

officers of forts and garrisons within the same, shall, once in
every three months, oflScially and without requisition, and
at otlier 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 hitelligences of a public
nature, which shall be directed to them respectively.

832

CONSTITUTION.

Salary of gov-
ernor.

Salaries of jus-
tices of supreme
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.

Lieutenant-gov-
ernor ; his title
and qualifica-
tions.

See amendnient.<!,
Arts. III., VI., X.
and XV.

How chosen.

President of
council.

Lieutenant-gov-
ernor a member
of, except, &c.

SECTION II.

Lieutenant- Governor.

Art. I. There shall be annually elected a lieutenant-
governor of the Commonwealth of Massachusetts, whose title
shall be— His Honor ; and who shall be qualified, in point
of religion, property, and residence in tlie 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, sliall 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.

CONSTITUTION. 833

III. Whenever the chair of the governor shall be vacant, Lioutenant-gov-

ernor to be act-
ng governor, in

by reason of his death, or absence from the Commonwealth,
or otherwise, tlie lieutenant-governor, for the time being, '^^^^' ^'^■
shall, during such vacancy, perform all the duties incumbent
upon the governor, and shall have and exercise all the powers
and authorities, which, by this constitution, the governor is
vested with, when personally present.

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- council.
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 tlie 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 Th^oTn'.^"'^ ''"'^
Wednesday in May, by the joint ballot of the senators and see amendments,

, •:• 111- 1 • ^-^ Arts. X., XIII.

repi-esentatives assembled m one room ; and m 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. Tlie seats of the if senators be-
persons thus elected from the senate, and accepting thp trust, thSr seatrto° be'
shall be vacated in the senate. vacated.

HI, The councillors, in the civil arrangements of the Rank of couacii-
Common weal til, shall have rank next after the lieutenant- '°"'
governor.

TV. Not more than two councillors shall be chosen out no di.strict to

c 1 • i • i i? 1.1 • r^ lii have more than

01 any one district of tins Commonwealth. two.

V. The resolutions and advice of the council shall be Register of coun-
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

834 CONSTITUTION.

may insert his opinion, contrary to the resolution of the
majority.
Council to exer- yj^ Wh'cnever the office of the a-overnor and lieutenant-

ci e the power oi f> i i i

governor, in case, govemor sliall be vacant, by reason of 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.

rdjou^neTunt^r ^^^' "^'^^ 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 tlic samc shall be completed. And the order
of elections shall be as follows : the vacancies in the senate,
if any, shall first be 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 houses
shall proceed to the election of the council.

CHAPTER II.

SECTION IV.

Secretary^ Treasurer, Commissary , Sfc.

Secretary, &c. ; Art. I. . The sccrctary, treasurer and receiver-general,
howThoTn. ^^^ and the commissary-general, notaries public, and naval offi-
se^eamendments, ggj.g^ s\\ii\\ bc clioscu aunually, by joiut ballot of the senators
XVII. and representatives, in one room. And, that the citizens of

Treasurer ineiigi- tliis Commonwcalth may be assured, from time to time, that
fiv^e Tuccessive'*^'^ thc moncys remaining 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 records of tlic Commouwealtli sliall be kept in
the°goTCrnor*and thc officc of thc sccrctary, who may appoint his deputies, for
council, &c. whose conduct he shall be accountable, and lie 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. 835

CHAPTER III.

JUDICIARY POWER.

Art. I. The teinire, that all commission officers shall by Teuuro of an
law have in their offices, shall be expressed in their respec- Ss"to'°be ex-
tive commissions. All judicial officers, duly appointed, f^aicha officers
commissioned and sworn, shall hold their offices during good ■*°„'^°''J,°?''l'^u'"'
behavior, excepting such concerning whom there is different vwr, except, &'c.
provision made in this constitution : provided, nevertheless, But may be re-
the governor, with consent of the council, may remove them moved on adarcns
upon the address of both houses of the legislature.

II. Each branch of the legislature, as well as the governor Justices of su-
and council, shall have authority to require the opinions of com-rto" '^"a
the justices of the supreme judicial court, upon important require! '^'^*'°
questions of law, and upon solemn occasions.

III. In order that the people may not suffer from the justices of the
long continuance in place of any justice of the peace, who theiToffice""^" °^
shall fail of discharging the important duties of his office

with ability or fidelity, all commissions of justices of the
peace shall expire and become void, in the terra 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.

lY. The judges of probate of wills, and for granting Provisious for
letters of administration, shall hold their courts at such coi^t"" ^^° '^'"^
place or places, on fixed days, as the convenience of the
people shall require ; and the legislature shall, from time to
time, hereafter, appoint such times and places ; until which
appointments, the said courts shall be holden at the tmies
and places which the respective judges shall direct.

Y. All causes of marriage, divorce and alimony, and all Provisions for de-
appeals from the judges of probate, shall be heard and deter- of marriage, m-
mined by the governor and council, until the legislature ^°'^'^'^' ^'^'
shall, by law, make other provision.

CHAPTER lY.

DELEGATES TO CONGRESS.

The delegates of this Commonwealth to the congress of Delegates to
the United States shall, some time in the month of June, """"sress.
annually, be elected by the joint ballot of the senate and

836 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 ; but 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 eiiiinence 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

Powers, priviieg- thc othcr United States of America, — it is declared, that the

president and feU PRESIDENT AND FeLLOWS OF HARVARD COLLEGE, iu their

lows, confirmed, corporatc Capacity, and their successors in that capacity,
' their officers and servants, shall have, hold, use, exercise

and enjoy, all the powers, authorities, rights, liberties, privi-
leges, immunities and franchises, which they now have, or
are entitled to have, hold, use, .exercise and enjoy; and the
same are hereby ratified and confirmed unto them, the said
president and fellows of Harvard College, and to their suc-
cessors, and to their ofiicers, 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, ^^^j^ gifts, grauts, dcviscs, legacies and conveyances, are
hereby forever confirmed unto the president and fellows of

CONSTITUTION. 837

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
constitution of government, to ascertain who shall be deemed
successors to the said governor, deputy-governor, and magis-
trates ; it is declared, that the governor, lieutenant-governor, whoshaiibe
council and senate of this Commonwealth, are, and shall ])e
deemed, their successors ; who, with the president of Harvard
College, for tlie time being, together with the ministers of
the congregational churches in the towns of Cambridge,
Watertown, Charlestown, Boston, Roxbury, and Dorchester,
mentioned in the said act, shall be, and hereby are, vested
with all the powers and authority belonging, or in any way
appertaining, to the overseers of Harvard College : provided, J^°^"''re°Iryea To
tliat nothing herein shall be construed to prevent the legis- fhe legislature,
lature of tliis Commonwealth from making such alterations
in the government of the said university, as shall be condu-
cive to its advantage, and the interest of the republic of
letters, in as full a manner as might have been done by the
legislature of the late Province of the Massachusetts Bay.

CHAPTER y.

SECTION II.

The Encouragement of Literature, Sfc.
Wisdom and knowledge, as well as virtue, diffused gen- p^'y of i^psia-

o ' 1 1 • c tures and mag-is-

erally among the body of the people, bemg necessary tor trate.s in aii fu-
the preservation of their rights and liberties ; and as these s"eamendments,
depend on spreading the opportunities and advantages of '^'''- -''^^'"^•
education in the various parts of the country, and among
the different orders of the people, it shall be the duty of
legislatures and magistrates, in all future periods of this
Commonwealth, to cherish the interests of literature and
the sciences, and all seminaries of them ; especially the uni-
versity at Cambridge, public schools, and grammar schools

838 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 hi their dealings ; sincerity, good
humor, and all social affections, and generous sentiments
among the people.

Art. vii.

CHAPTER VI.

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 of&ce, make and subscribe the following declara-
tion, viz. :
gee amendments " I, A. B., do dcclarc, that I belicve 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 every person, chosen to either of the places or offices
aforesaid, as also any person appointed or commissioned to
any judicial, executive, military, or other office under the
government, shall, before he enters on the discharge of the
business of his place or office, take and subscribe the fol-
lowing declaration, and oaths or affirmations, viz. :
See amendments, "I, A. B., do truly aud sinccrcly acknowledge, profess,
testify and declare, that the Commonwealth of Massachu-

Art. VI.

CONSTITUTION. 839

setts is, and of right ought to be, a free, sovereign, and
independent State ; and I do s\Vear, 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 tliat 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,
heartily and truly, according to the common meaning and
acceptation of the foregoing words, 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
appointed 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 stvear,''
^'- !>7id abjure,^'' '■'■oath or,''' '■^ and abjvration," in the first
oath ; and in the second oath, the words, " swear and,'"' and
in each of them the words " So help me, GOD ; " subjoining
instead thereof, " This I do under the pains and penalties
of perjurTj.^'' ,

840

CONSTITUTION.

Plurality of offi-
ces prohibited to
governor, &c.,
except, &c.

Same subject.

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.

II. No governor, lieutenant-governor, or judge of the
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 tlie 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
probate — or register of deeds ; and never more than any
two offices, which are to be held by appointment of the
governor, or the governor and council, or the senate, or the
house of 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 —
commissary-general — president, professor, or instructor of
Harvard College — sheriff — clerk of the house of representa-
tives— register of probate — register of deeds — clerk of the
supreme judicial court — clerk of the inferior court of 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 house of repre-
sentatives ; and the place so vacated shall be filled up.

III. In all cases, where sums of money are mentioned in
this constitution, the value thereof shall be computed in
Property quaiifi- gUver, at six slullings and eight pence per ounce ; and it

Incompatible
offices.

See ameudments
Art. VIII.

Same subject.

Bribery, &c., op
erates disqualifi
cation.

Value of money
ascertained.

CONSTITUTION. 841

shall be in the power of the legislature, from time to time, cations may be
to increase such qualifications, as to property, of the persons ^'^''''^^^'"^■
to be elected to offices, as the circumstances of tlie 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' mission! ''°"'"
attested by the secretary or his deputy, and have the great

seal of the Comnonwealth affixed thereto.

V. All writs, issuing out of the clerk's office in any of Provisions re-
the courts of law, shall be in the name of the Common-''""""^'""''
wealth of Massachusetts ; they sliall be under the seal of

the court from whence they issue ; they shall bear test of
the first justice of the court to which they shall be return-
able, who is not a 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 of cept.^&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
are repugnant to the rights and liberties 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, &c"'"^^'^'
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, Theeuacting
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 may be no failure of justice, or oncers of former
danger arise to the Commonwealth, from a change of the ti°Jueduaui,''&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 officers of the said
government and people, at the time this constitution shall

take effect, shall have, hold, use, exorcise 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

842

CONSTITUTION.

Provisions for re-
vising constitu-

Same subject.

Provision for pre-
serving and pub-
lishing this con-
stitution.

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
whicli 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 seveii 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 towns
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
seci-etary's office, ta 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 tliis constitution to be chosen.

XI. This form of government shall be enrolled on parch-
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, iu all future editions of the said laws.

ARTICLES OF AMENDMENT.

provedwi'ti^i^nfive ^^^- ^' ^^ ^"^ ^^^^ 0^' rcsolvc shall be objected to, and
days, not to be- not approved by the governor ; and if the general court shall
is°ature''Idjourn adjouru withiii fivo days after the same shall have been laid
in the mean time, before the govcmor 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. 843

Art. II. The general court shall have full power and General court
authority to erect and constitute municipal or city govern- cuanr/cuies"
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 be annulled by the general court.

Art. III. Every male citizen of twenty-one years of age Qualifications of
and upwards, (excepting paupers and persons under guar- Irnor!iieu[enfnt-
dianship,) who shall have resided within the Commonwealth forTand rep°re-
one year, and within the town or district, in which he may ^*'."'^*il^'- ^^
claim a right to vote, six calendar months next preceding see amendments,
any election of governor, lieutenant-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 be
entitled to vote in sucli elections.

Art. IV. Notaries public shall be appointed by the gov- Notaries public,
ernor, in the same manner as judicial officers are appointed, and remoreT*'''*
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- oSs orsicreu*
monwealth shall become vacant from any cause, during the ^y and treasurer,

p ,, , i ii •,! .1 1 • how filled in case,

recess oi the general court, the governor, with the advice &c.
and consent of the council, shall nominate and appoint, iTt^xvn!"^""'
67

844

CONSTITUTION.

eral may be ap- .."^ixv^.v^x uiiv. oj.ig>:;iiv^ioo ui tiic v^uiiiiiiuii vv ^0,1.1.^1 ^^.^.x^

, require the appointment of a commissary-general, he shall

pointed, in case
&c.

Militia officers,
how removed.

Oath to be taken
by all officers ;

be nomniated, appointed and commissioned, in such manner
as the legislature may, by law, prescribe.

All officers commissioned to command in the militia, may
be removed from office in such manner as the legislature
may, by law, prescribe.

f^cap^SVand ^^'^•.7- In thc clcctions of captains and subalterns of
subalterns. thc militia, all the members of their respective companies,

as well those under, as those above the age of twenty-one

years, shall have a right to vote.

Art. VI. Instead of the oath of allegiance prescribed
by the constitution, the following oath 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 faith
and allegiance to the Commonwealth of Massachusetts, and
will support the constitution thereof. So help me, GOD."

Provided, That when any person shall be of the denomi-
nation called Quakers, and shall decline taking said oath,
he shall make his affirmation in the foregoing form, omitting
tlie 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."

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-
governor, councillors, senators or representatives, to qualify
them to perform the duties of their respective offices.

^Art. VIII. No judge 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;

or affirmation in
case, &c.

Tests abolished.

IncompatibiUty
of offices.

CONSTITUTION. 845

and no judge of any court in this Commonwealth, (except
the court of sessions,) nor tlie 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
accepting 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 liold 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- Amendments to
ticular amendment or amendments to the constitution be maue! ^ '°"' °^
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 published ; 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.

Art. X. The political year shall begin on the* first Wed- commencement
nesday of January, instead of the last Wednesday of May ; °f p°''"<'*'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 termimtion.
on the day next preceding 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. The

846 CONSTITUTION.

clioice of gov- o ^ o 7

ernor,iieutenant- govcmor, scuators and representatives, shall be held on the

w'irn'to'^be held! sccoud Mouday of November in every year ; but meetings

Maybe adjourn- ^^^^ -^^ adjourncd, if uccessary, for the choice of representa-

Arl'^xv"'^"*"*^' ti'^'^s, to the next day, and again 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 "Wednesday of May as the commence-
ment of the political year, shall be so far altered, as to have
like reference to the first Wednesday of January.
Article, when to Tliis articlc sliall go into operation on the first day of
October, next following the day when the same shall be duly
ratified and adopted as an amendment of the constitution ;
and the governor, lieutenant-governor, councillors, senators,
representatives, and all other state officers, who are annually
cliosen, and who shall be chosen for the current year, when
the same shall go into operation, shall hold their respective
offices until the first Wednesday of January then next fol-
lowing, and until others are chosen and qualified in their
stead, and no longer ; and the first election of the governor,
lieutenant-governor, senators and representatives, to be had
in virtue of this article, shall be had conformably thereunto,
in the month of November following the day on which the
same shall be in force and go into operation, pursuant to the
foregoing provision.
Inconsistent pro- All tlic provisious of tlic cxistiug coustitutiou, inconsist-

Tisions annulled. j. -.i ,i • • ^ • • -, i .

ent with the provisions herein contained, are hereby wholly
annulled.

e8Ubiis"hed''*'^°'^ ^^^* ^^' Iiistead of the third article of. the bill of rights,
the following modification and amendment thereof is substi-
tuted : —

CONSTITUTION. 847

legally warned and liolden for that purpose, shall ever have
the right to elect their pastors or religious teachers, to con-
tract with them for their support, to raise money for erecting
and repairing houses for public worship, for the maintenance
of religious instruction, and for the payment of necessary
expenses : and all persons belonging to any religious society
shall be taken and held to be members, until they shall file
with the clerk of such society a written notice declaring the
dissolution of their membership, and thenceforth shall not
be liable for any grant or contract which may be thereafter
made or entered into by such society : and all religious
sects and denominations, demeaning themselves peaceably,
and as good citizens of the Commonwealth, shall be equally
under the protection of the law ; and no subordination of
any one sect or denomination to another shall ever be estab-
lished by law."

Art. XII. In order to provide for a representation of the census of ratable
citizens of this Commonwealth, founded upon the principles in 1837, and ae-
of equality, a census of the ratable polls in each city, town aner'''"^ *''"*''
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, within the
month of May, in the year of our Lord one thousand eight
hundred and thirty-seven, and in every tenth year thereafter,
in the month of May, in manner aforesaid : and each town Representatives,
or city having three hundred ratable polls at the last pre- LTamendmS
ceding decennial census of polls, may elect one representa- ^^|- ^^^^- ^^^
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 havingiess
shall be represented thus : The whole number of ratable poii" how^epre-
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 Fractions, how
or more representatives, with any number of polls beyond
the necessary number, may be represented, as to that surplus
number, by multiplying such surplus number by ten, and
dividing the product 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.

848 CONSTITUTION.

Towns may unite Any two OF more of tliG Several towns and districts may,
tire districts. by conscnt of a majority of the legal voters present at a legal
meeting in eacli of said towns and districts, respectively,
called for that purpose, and held previous to the first day of
Jidy, 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 ^hc govcmor aud couucil shall ascertain and determine,

council to deter- .,.", i^ti ia -i c

mine the nunibor withui thc mouths 01 J uly and August, in the year oi our
to'^'^whkh VaTh Lord one thousand eight hundred and thirty-seven, according
town is entitled. |;q ^j^g forcgoing principles, 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, snch town may elect a representative ;
New apportion- jjjj(j ^|^g samo sliall bc donc once in ten years thereafter, by

ment to be made J ii

once In every ten tlic govcmor aud couucil, and tlic numbcr of ratable polls
years. .^^ qq,q\\ deccnuial 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.
inconsLstent pro- ^\i ^|^g provisious of thc cxistiug coustitutiou inconsistent

viMons annulled. i ~ i i i 11

with the provisions herein contained, are hereby wholly
annulled.

Census ofinhabi- Art. XIII. A ccusus of thc inhabitants of cach clty aud

tants to be taken 1 j

in 1840, and de- towu, ou the first day of May, shall be taken and returned
Srfor bailf of into the secretary's office, on or before the last day of June,
seSr°aZ°rlp- ^^ ^^^^ J^^^^ 0"^ thousand eight hundred and forty, and of
resentatives. evciy tcuth ycar thereafter ; which census shall determine

the apportionment of senators and representatives for the

term of ten years.
Senatorial dis- Tlic scvcral sciiatorial districts now existing, shall be per-
perm^ane'^nt^*'^ maueiit. Thc scuatc shall consist of forty members ; and in
iTt^xxn"'"'''' the year one thousand eight hundred and forty, and every

CONSTITUTION. 849

tenth year thereafter, the governor and coimcil shall assign
the number of senators to be 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 House of repre-
apportioned in the following manner : Every town or city appo^-ttoned.
containing twelve hundred inhabitants, may elect one repre- irl^xxi'^^'^'^'
sentative ; and two thousand four hundred inhabitants shall
be the mean increasing number, wliich shall entitle it to an
additional representative.

Every town containing less than twelve hundred inhabi- smaii towns, how
tants shall be entitled to elect a representative as many ■'•^p'"''*"'"'*"^-
times, Avithin 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 Common-
wealth, shall be settled.

Any two or more of the several towns may, by consent of Townsmay unite
a majority of the legal voters present at a legal meeting, in tlVedis'tS'!"*'^"
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 sucli 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 Basis of represen-
^" elect one representative, and the mean increasing number, of'lncrea^e/'^*"'
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 Commonwealth
shall have increased to seven hundred and seventy thousand,
and for every additional increase of seventy thousand inhab-
itants, tlie same addition of one-tenth shall be made, respec-
tively, to the said numbers above mentioned.

In the year of each decennial census, the governor and The governor and
council shall, before the first day of September, apportion ti3 the numbe'r
the number of representatives which each city, town and ofeaei?towL''once
representative district is entitled to elect, and ascertain how '"every ten years
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 publislied forthwith.

Nine councillors shall be annually chosen from among the councillors to be
people at large, on the first Wednesday of January, or as people atTa^ge. ^

850 CONSTITUTION.

seea^^'^d^ents, sooii 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 clectcd 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.

Freehold as a No posscssiou 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. XIY. In all clections of civil ofiicers by the people

DGOdIg to DG DV

plurality of votes of tliis Commonwcalth, whose election is provided for by the
constitution, the person having the highest number of votes
shall be deemed and declared to be elected.

T^e^of annual Art. XV. The meeting for the choice of governor, lieu-

ernor and legis- tcnant-govemor, senators and representatives, shall be held

lature. ^^^ ^1^^ Tucsday 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.

Kight councillors Art. XVI. Eight couucillors shall be annually chosen by

the peopiT'^ ^ the 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.

Legislature 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, sliall
divide, the Commonwealth into eight districts of contiguous
territory, each containing a number of inhabitants as nearly
equal as practicable, witliout dividing any town or ward of
a city, and each entitled to elect one councillor : provided,
however, that if, at any time, the constitution shall provide
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,

district State.

councillors.

CONSTITUTION. 851

tion, the return of the votes, and the declaration of the said Day ana manner
elections, shall be the same as are required in the election
of governor. Whenever there shall be a failure to elect the vacancies, uow
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 ^[^"^^^"1^°^°^
there may be no delay in the organization of the government
on the first Wednesday of January, the governor, with at
least five councillors for the time being, shall, as soon as
may be, examine the returned copies of the records for the
election of governor, lieutenant-governor, and councillors ;
and ten days before the said first Wednesday in January he
shall issue his summons to such persons as appear to be
chosen, to attend on that day to be qualified accordingly ;
and the secretary shall lay the returns before the senate and
house of representatives on the said first Wednesday in Jan-
uary, to be by them examined ; and in case of the election
of either of said officers, the choice shall be by them declared
and published ; but in case there shall be no election of
either of said officers, the legislature shall proceed to fill
such vacancies in the manner provided in the constitution
for the choice of such officers.

Art. XVII. The secretaiy, treasurer and receiver-gen- Election of secre-
eral, auditor, and attorney-general, shall be chosen annually, amutora'^dattor-
on the day in November prescribed for the choice of gov- "^e pe^opTe*^ ^^
ernor ; and each person then chosen as such, duly qualified
in other respects, shall hold his office for the term of one
year from the third Wednesday in January next thereafter,
and until another is chosen and qualified in his stead. The
qualification of the voters, the manner of the election, the
return of the votes, and the declaration of the election, shall
be such as are required in the election of governor. In vacancies, uow
case of a failure to elect either of said officers on the day in
November aforesaid, or in case of the decease, in the mean
time, of the person elected as such, such officer shall be
chosen on or before the third Wednesday in January next
thereafter, from the two persons who had the highest number
of votes for said offices on the day in November aforesaid,
by joint ballot of the senators and representatives, in one
room ; and in case the office of secretary, or treasurer and
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-

852 Constitution.

ner be filled by clioice from the people at large ; but if such
vacancy shall occur at any other time, it shall be supplied by
the governor by appointment, with the advice and consent
of the council. The person so chosen or appointed, duly
qualified in other respects, shall hold his office until his suc-
To qualify within ccssor is clioseu and duly qualified in his stead. In case any
office to be deem- pcrsou clioscn or appouitcd to either oi the omces aioresaid,
ed vacant. shall ucglcct, for thc 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
Qualifications vacaut. No pcrsou shall be eligible to either of said offices
requisi e. uulcss lic sliall havc bccu an inhabitant of this Common-

wealth five years next preceding his election or appoint-
ment.

School moneys Art. XYIII. All moucys raised by taxation in the towns
plied for secta- and citics for the support of public schools, and all moneys
nan schools. -^hich may be appropriated by the State for the support of
common schools, shall be applied to, and expended in, no
other schools than those which 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 school.

^rescribe'for the -^^T. XIX. Tlic legislature shall prescribe, by general
election of sher- law, for tlic elcctiou of sheriffs, registers of probate, commis-
probatef &c" b°y sioucrs of iusolvcncy, and clerks of the courts, by the people
the people. q^ ^j^q scvcral couutics, and that district-attorneys shall be

chosen by the people of the several districts, for such term

of office as the legislature shall prescribe.

Reading consti- Art,. XX. No pcrsou sliall liavc the right to vote, or be

and'°°writin|, "a eligible to office under the constitution of this Common-

crtTnTf^voters^" wcaltli, wlio sliall uot be able to read tlie constitution in the

Proviso. English language, and write his name : provided^ however^

that the provisions of this amendment shall not apply to any

person prevented by a physical disability from complying

with its requisitions, nor to any person who now has the

right to vote, nor to any persons who shall be sixty years of

age or upwards at the time this amendment shall take effect.

Census of legal Art. XXI. A ccusus of thc legal voters of each city and
habulnt", whe"n towu, ou tlic first day of May, shall be taken and returned
taken, &c. -j^^q ^^yQ officc of the Secretary of the Commonwealth, on or

CONSTITUTION. 853

before the last day of June, in the year one thousand eight
hundred and fifty-seven ; and a census of the inhabitants of
each city and town, in tlie year one thousand eight hundred
and sixty-five, and of every tenth year thereafter. In tlie
census aforesaid, a special enumeration shall be made of the
legal voters, and in each city said enumeration shall specify
the number of such legal voters aforesaid ; residing in each
ward of .such city. The enumeration aforesaid shall deter-
mine the apportionment of representatives for the periods
between the taking of the census.

The house of representatives shall consist of two hundred ^^°^^;^ members*
and forty members, which shall be apportioned by the legis- Legislature to°
lature, at its first session after the return of each enumeration appo'^t'on^ ^'^■
as aforesaid, to the several counties of the Commonwealth,
equally, as nearly as may be, according to their relative
numbers of legal voters, as ascertained by the next preceding
special enumeration ; and the town of Cohasset, in the county
of Norfolk, shall, for this purpose, as well as in the formation
of districts, as hereinafter provided, be considered a part of
the county of Plymouth ; and it shall be the duty of the
secretary of the Commonwealth, to certify, as soon as may
be after it is determined by the legislature, the number of
representatives to which each county shall be entitled, to the
board authorized to divide each county into representative
districts. The mayor and aldermen of the city of Boston,
the county commissioners of other counties than Suff"olk, —
or in lieu of the mayor and aldermen of the city of Boston,
or of the county commissioners in each county other than
Suffolk, such board of special commissioners in each county,
to be elected by the people of the county, or of the towns
therein, as may for that purpose be provided by law, shall,
on the first Tuesday of August next after each assignment
of representatives to each county, assemble at a shire town
of their respective counties, and proceed, as soon as may be,
to divide the same into representative districts of contiguous
territory, so as to apportion the representation assigned to
each county equally, as nearly as may be, according to the
relative number of legal voters in the several districts of
each county ; and such districts shall be so formed that no
town or ward of a city shall be divided therefor, nor shall
any district be made which shall be entitled to elect more
than three representatives. Every representative, for one Qualifications of
year at least next preceding his election, shall have been an '•'^p^^entatives.
inhabitant of the district for which he is chosen, and shall
cease to represent such district when lie shall cease to be an
inhabitant of the Commonwealth. The districts in each

854 CONSTITUTION.

county shall be numbered by the board creating the same,
and a description of each, with the numbers thereof and
the number of legal voters therein, shall be returned by the
board, to tlie secretary of the Commonwealth, the county
treasurer of each county, and to the clerk of every town in
each district, to be filed and kept in their respective ofl&ces.
The manner of calling and conducting the meetings for the
choice of representatives, and of ascertaining their election,
One hundred shall bc prescribed by law. Not less than one hundred
quorum. mcmbcrs of the house of representatives shall constitute a

quorum for doing business ; but a less number may organize
temporarily, adjourn from day to day, and compel the
attendance of absent members.

censuj, &c. Art. XXII. A ccusus of the legal voters of each city

and town, on the first day of May, shall be taken and returned
into the office of the secretary of the Commonwealth, on or
before the last day of June, in the year one thousand eight
hundred and fifty-seven ; and a census of the inhabitants of
each city and town, in the year one thousand eight hundred
and sixty-five, and of every tenth year thereafter. In the
census aforesaid, a special enumeration shall be made of
the legal voters, and in each city said enumeration shall
specify the number of such legal voters aforesaid, residing
in each ward of such city. The enumeration aforesaid shall
determine the apportionment of senators for the periods
Senate to consist bctwccn tlic taking of tlic CCUSUS. The senate shall consist
sen^^MfaTdis"-^' of forty mcmbers. The general court shall, at its first session
tricts, &c. after each next preceding special enumeration, divide the
Commonwealth into forty districts of adjacent territory, each
district to contain, as nearly as may be, an equal number of
Proviso. legal voters, according to the enumeration aforesaid : — pro-

vided^ hoiaever, that no town or ward of a city shall be
divided therefor ; and such districts shall be formed, as
nearly as may be, without uniting two counties, or parts of
two or more counties, into one district. Each district shall
Qualifications of clect ouc scuator, wlio sliall have been an inhabitant of this
senators. Commonwcalth five years at least immediately preceding his

election, and at the time of his election shall be an inhabi-
tant of the district for which he is chosen ; and he shall
cease to represent such senatorial district when he shall
Sixteen members ccasc to be au inhabitant of the Commonwealth. Not less
a quorum. ^|^^^^ sixtccu scuators shall constitute a quorum for doing

business ; but a less number may organize temporarily,
adjourn from day to day, and compel the attendance of
absent members.

CONSTITUTION. 855

[Note. — The Constitution of Massachusetts was agreed upon by dele-
gates of the people, in convention, begun and held at Cambridge, on the
first day of September, 1779, and continued by adjournments to the
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 them, provided two-thirds
of the votes given should be in the affirmative. When the convention
assembled, it was found that the Constitution had been adopted by the
requisite number of votes, and the convention accordingly Resolved, " That
the said Constitution or Frame of Government shall take place on the last
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 twenty-fifth day of October, 1780.

The first nine Articles of Amendment were submitted, by delegates in
convention assembled, November 15, 1820, to the people, and by them
approved and adopted, April 9, 1821.

The tenth Article of Amendment was adopted by the legislatures of the
political years 1829-30, and 1830-31, respectively, and was approved and
ratified by the people. May 11, 1831.

The eleventh Article of Amendment was adopted by the legislatures of
the political years 1832 and 1833, respectively, and was approved and
ratified by the people, November 11, 1833.

The twelfth Article of Amendment was adopted by the legislatures of
the political years 1835 and 1836, respectively, and was approved and
ratified by the people, the fourteenth day of November, 1836.

The thirteenth Article of Amendment was adopted by the legislatures
of the political years 1839 and 1840, respectively, and was approved and
ratified by the people, the sixth day of April, 1840.

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nine-
teenth Articles of Amendment were adopted by the legislatures of the
political years 1854 and 1855, respectively, and ratified by the people, the
twenty-third day of May, 1855.

The twentieth, twenty-first and twenty-second Articles of Amendment
were adopted by the legislatures of the political years 1856 and 1857,
respectively, and ratified by the people on the first day of May, 1857.]

Commonkdtlj of Passadjusetts.

Secretary's Office, Boston, )
August 31, 1857. \

I hereby certify that the printed Acts, Resolves, <tc., con-
tained in this vohime, arc true copies of the originals.

FRANCIS DeWITT,

Secretary of the Co7nmonwealth.

INDEX TO THE CONSTITUTION.

Adjutant- General, how appointed, ..... Page 831

Adjutants of Regiments, how appointed, .... 831

Affirmations. See Oaths and Affirmations.

Agriculture, Arts, Commerce, &c., encouragement of, . . . 838

Amendments to the Constitution, how made, .... 845

Apportionment of Councillors, ...... 850

«' of Representatives, . . . 825, 847, 848, 849, 853

" of Senators, ..... 822, 848, 854

Armies, Standing, should not be maintained without consent of Legisla-
ture, ......... 817

Arms, Right of People to keep and bear, . . . . 817

Articles of Amendment, . . . . . . . 842

Attorne J'- General, how appointed, . . . . . 830

" how elected; . . . . . . 851

" Qualifications of, .... . 852

" Vacancy in Office of, how filled, . . . 85 1

Attorneys, District, how chosen, . . . . . . 852

Auditor, how chosen, . . . . . • . 851

" Qualifications of, ...... 852

" Vacancy in Office of, how filled, .... 851

Bail and Sureties, Excessive, not to be demanded, . . . 818

Bills and Resolves, to be laid before the Governor for revisal, . . 820
'• ♦' to have the force of Law, unless returned within five

days, ...... 820

«' '< to be void when not returned, if Legislature adjourns

within five days, ..... 842

" " when vetoed, may be passed by two- thirds of each

House, ...... 820

" Money, to originate in the House of Representatives, . . 826

Body Politic, how formed, and nature of, .... 813

Bribery or Corruption, conviction of, a disqualification for Office, . 840

INDEX TO THE CONSTITUTION.

Cambridge, the University at, .
Census of Inhabitants, when and how taken,
" of Legal Voters, when and how taken, .
" of Ratable Polls, when and how taken, .
Cities, General Court empowered to charter,
Ci\'il and Military Officers, duties of, to be prescribed by Legislature,
Commander-in-Chief. See Governor.
Commerce, Manufactures, Arts, &c., encouragement of,
Commissary- General, when and how nominated, &c., .

" to make Quarterly Returns,

Commissioners of Lisolvency, how chosen, ...

Commission Officers, Tenure of Office of, to be expressed in Commission
Commissions, how made, signed, countersigned, and sealed.
Congress, Delegates to, how chosen and commissioned, .

»< " may be recalled, and others commissioned,

•' what Offices may not be held by Members of.
Constitution, Amendments to, how made, ...

«' Revision of in 1795, provided for,

" to be enrolled, deposited in Secretary's office, and printed

with the Laws, .....
Coroners, how appointed, . . . . .

Corruption. See Bribery.

Council, and the manner of settling Elections by the Legislature,
" may exercise powers of Executive, when, &c.,
«' Members of, to be sworn in presence of both Houses,
" number of Members of, and how chosen, . 833, 83

" Objects of, . . . .

" Quorum of, .

" Rank and Qualifications of Members of,
" Register of, subject to the call of either House
" Resolutions and Advice of, to be recorded,
" Vacancies in, how filled.
Court of Common Pleas, Judges of, prohibited from holding other
Offices, ....

" Supreme Judicial, Judges of. Tenure of Office of, and Salary,
Courts and Judicatories, may administer Oaths and Affirmations,
*' Clerks of, how chosen, .....
•' of Probate. See Probate.

" of Record and Judicatories, the General Court may establish.
Crimes and Offences, Prosecutions for, regulated.

. Page

848, 853,

852,

836
854
854
847
843
821

838
844
831
852
835
841
835
836
845
845
842

842
830

833
834
839
1, 849, 850
833
833
850
833
833
851

833,

819,

816,

845
832
820
852

820
817

Debate, Freedom of, in Legislature, affirmed.
Declaration of Rights,
Delegates to Congress,

" " how chosen,

818
814
835
835

INDEX TO THE CONSTITUTION.

Ill

Delegates to Congress, may be recalled, and others commissioned, . Page 836

District- Attorneys, how chosen, . . . . . . 852

Districts, Councillor, how established and arranged, . . . 822, 850

'< Representative, how formed, . . . . . 853

" " Towns may unite in, .... 848,849

" Senatorial, how established and arranged, . . 822, 848, 854

Divorce and Alimony, causes of, how determined, . . . 835

Duties of Civil and Military Officers, to be prescribed by Legislature, 821

Elections, by Legislature, Adjournment of,

" " Order of,

" by the People, Plurality Rule to prevail in,

" Fredom of, affirmed, .
Election Returns, by whom examined, &c..
Enacting Style, established,
Encouragement of Literature,
Enrollment. See Constitution.
Equality and Natural Rights, recognized.
Estates, Valuation of, when taken,
Executive Power, ....

" not to exercise Legislative or Judicial Powers
Ex Post Facto Laws, injustice of, declared.

834
834
850
816
124, 851
841
837

814
821
827
819
818

Felony and Treason, conviction of, by Legislature, forbidden,
Fines, Excessive, prohibited, ....
Freedom of Debate, in Legislature, affirmed.

818
818
818

General Court, frequent Sessions of, enjoined, . . . . 818

" " how formed, ...... 819

" *' may make Laws, Ordinances, &c., . . . 821
" " may provide for the naming and settling of Civil

Officers, ...... 821

<' " may prescribe the Duties of Civil and Military Officers, 821

" " may impose Taxes, Duties, and Excises, . . 821

" " may constitute Judicatories, and Courts of Record, . 820

" " may charter Cities, . . . . . 813

" " may be prorogued by Governor and Council, . . 828,829

" " when to assemble, and when to be dissolved, . 820, 829, 845

Government, Frame of, . . . . . . . 819

" Executive, Legislative, and Judicial Departments of,

Limits of delined, . . . . . 819

Objects of, ....... 813

" Right of People to institute, alter, &c., . . . 813,816
59

INDEX TO THE CONSTITUTION.

Governor, may call Councillors together at his discretion, . . Page 828

'< Quahfications of, ..... . 827, 844

•' Salary of, ....... 832

" shall sign such Bills and Resolves as he approves, '. . 820

" shall return such Bills and Resolves as he does not approve, 820

Style and Title of, ...... 827

" to be Commander-in-Chief of Military Forces of State, . 829

♦• to be sworn in presence of both Houses, . . . 839

" the holding of other Offices by, prohibited, . . . 840, 844

" when and how chosen, . . . 827, 828, 843, 846, 850

" and Council, may pardon Offences, after Conviction, . 830

•' " luay prorogue the Legislature, . . .828, 829

" •' shall examine Election Returns, . . 824,851

Habeas Corpus, Benefit of, secured, ..... 841

" " not to be suspended more than twelve months, . 841

Harvard College, Powers, Privileges, Grants, &c., confirmed to, . 836

" '♦ who shall be Overseers of, . . . . 837

" " Government of, may be altered by Legislature, . 837

Plouse of Representatives, . . . . . . 825

" " Members of, how apportioned and chosen, 825, 826,

846, 847, 848, 849, 850, 853, 854

" " Qualifications of Members of, . 826, 850, 853
" " Qualifications ofVoters for Members of, 826,843,852
" " to judge of the Qualifications, &c., of its own

Members, ..... 826

" " to choose its own Officers, establish its own

Rules, &c., ..... 826

'« " may punish Persons not Members, for disre-
spect, &c., . . . . . 826

" *' may try and determine all Cases involving its

Rights and Privileges, . . . 827

" " shall be the Grand Inquest to impeach, . 826

" " all Money Bills to originate in, . . 826

" " not to adjourn more than two days at a time, 826

" " Quorum of, . ' . . . . 826, 854

" " Members of, exempt from arrest on Mean

Process, . . . . . 827

" " Towns may be fined for neglecting to return

Members to, . . . . 826

'• " Travelling Expenses of Members of, how

paid, ..... 826

" " Oaths or Affirmations of Members of, how

taken and siibscribed to, . . . 839

INDEX TO THE CONSTITUTION.

Impeachment, Limitation of Sentence for, .... Page 825

Impeacliments, how made and tried, ..... 825, 826

Incompatible Offices, enumeration of, . . . . 840, 844, 845

" Inhabitant," word defined, . . . . . . 823

Inhabitants, Census of, when taken, .... 848, 853, 854

Insolvency, Commissioners of, how chosen.
Instruction and Petition, Right of, affirmed,

Judicatories and Courts of Record, Legislature may establish, .

" " " may administer Oaths and Affirma

tions.
Judicial Department, not to exercise Legislative or Executive Powers,
" Officers, how appointed,

" " to hold Office during good behavior, except, &c.,

" " may be removed on Address of Legislature,

Judiciary Power, .....

Judges of Court of Common Pleas, what other Offices may not be
held by, ......

Judges of Probate, shall hold Courts on fixed days, &c.,

" " Appeals from, how heard and determined,

*' " what other Offices may not be held by,

Jury, Right of Trial by, secured.
Justices of the Peace, Tenure of Office of,

" " Commissions of, may be renewed,

" Supreme Judicial Court, Tenure of Office, and Salaries of, 819,
" " " " what other Offices may not be held

by, .... 840,

" " " " Opinions of, may be required by Gov-

ernor or Legislature,

818

820

820
819
830
835
835
835

844, 845
835
835

844, 845
817
835
835

832, 835

844, 845
835

Law-Martial, Persons not in the Army, Navy, or Actual Service, not to

be subjected to, ....... 818

Laws, every Person to have remedy in, for injury to Person or Property, 816

" Ex Post Facto, declared unjust and inconsistent with Free »

Government, . . . . . . . 818

" not repugnant to Constitution, Legislature may make, . . 821
" of Province, Colony, or State of Massachusetts Bay, not repug-
nant to Constitution, continued in force, . . . 841
" Power of suspending, only in Legislature, . . . 818
Legal Voters, Census of, when taken, ..... 852, 854

Legislative Department, not to exercise Executive or Judicial Powers, . 819

" Power, . . . . . . . 819

Legislature. See General Court.

Lieutenant-Governor, ....... 832

INDEX TO THE CONSTITUTION.

Lieutenant-Governor, when and how chosen,

" Title of, .

" Qualifications of, .

" Powers and Duties of,

" to be sworn in presence of both Houses,

Literature, encouragement of, ....

832, 843, 846, 850
832
832
832, 833
839
837

Magistrates and Officers, accountability of.

Major- Generals, how appointed and commissioned,

Martial-Law, Persons not in the Army, Navy, or Actual Service, not to

be subjected to, ... .

Meetings, Plantation, Provisions respecting,

•' Town, Selectmen to preside at,
Military Power, to be subordinate to Civil,
Militia Offices, Vacancies in, how filled, .

•♦ Officers, how elected and commissioned, .

'« '♦ how removed,

" organization of, into Brigades, Regiments, and Companies,
confirmed, ....

Money Bills, to originate in House of Representatives,

' ' how drawn from the Treasury, .

'• value of, how computed.
Moneys, for the Support of Schools, how applied.
Moral Principles, necessity of the observance of, in a Free Government,

815
830

818
823
823
817
830
830, 844
830, 844

831

826

88
840
852
817

Notaries Public, how chosen,

" " how appointed, Teniure of Office, &c..

834
843

Oaths and Affirmations, Courts and Judicatories may administer, . 820
" " Forms of, .... 838, 839, 844

" " how and by whom taken and subscribed, 838,839,840,844

Oaths and Subscriptions, Incompatibility of, and exclusion from. Offices,

&c., &c., ........ 838

Oaths, variation of, in behalf of Quakers, .... 839, 844

Offences. See Crimes and Offences.

Office, Right of People to secure Rotation in, .... 816

" Equal Right of All to, affirmed, . . . . . 816

" no Person eligible to, who cannot read and write, . . 852
Officers, Civil, Legislature may provide for the naming and settling of, 821
" Civil and Military, duties of to be prescribed by Legislature, . 821
" " " holding under Government of Massachu-
setts Bay, continued in Office, . . 841
Officers and Magistrates, accountability of, ... . 815

INDEX TO THE CONSTITUTION.

Officer.^, Miltia, how elected and commissioned,
" " how rem.oved,

Offices, Incompatible,

" Militia, Vacancies in, how filled,
" Plurality of, prohibited to Gover
Judges,

. 830, 844

840, 844, 845

830

nor, Lieutenant-Governor, and

840, 844, 845

Pardon, Power of, vested in Governor and Council,

People, Right of to keep and bear Arms,

Person and Property, Remedy for all Injuries to, should be found in the

Laws, .....

Petition and Instruction, Right of, affirmed,
Plantations, Unincorporated, Tax-paying Inhabitants of may vote for

Councillors and Senators,
Plurality of Votes, election of Civil Officers by,
Political Year, when to begin and end, .
Polls, Ratable, Census of, when taken, .
Power, Executive, ....

" Judiciary, ....

" Legislative, ....

Preamble, .....

Press, Liberty of, essential to Freedom, .
Probate, Judges of, shall hold Courts on fixed days, &c.,

" " Appeals from, how heard and determined,

" " what other Offices may not be held by,

'« Registers of, how appointed,

" " how elected, ....

Property, Private, not to be taken for Public Uses without Compensation

" Qualification, may be increased by Legislature,

" " partially abolished.

Prosecutions, for Crimes and Offences, regulated,
Public Boards, Returns of, how, when, and to whom made,
" Officers, Right of People with reference to,
" Services, the only Title to particular and exclusive Privileges
" "Worship, the Right and Duty of,
•» " Legislature may compel Provisions for,

Punishments, Cruel and Unusual, prohibited.

830

817

816
818

823
850
845
847
827
835
819
813
817
835
835
844, 845
830
852
816
841
850
816
831
816
815
814
814
818

Quakers, variation of Oath in behalf of,
Qualifications of Governor,

" of Lieutenant-Governor,

" of Councillors,

" of Senators,

" of Representatives,

. 839, 844

827, 844, 852

832

. 850, 852

824, 850, 852, 854

82G, 850, 852, 853

of Secretary, Treasurer, Auditor, and Attorney- General,

852

VIU

INDEX TO THE CONSTITUTION.

Qualifications of Voters, ...

" Moral, of Officers and Magistrates,

Qualification, Property, may be increased,

" " partial abolition of,

Quorum, of Council,
" of House,
" of Senate,

822, 826, 843, 852
817
841
850
828, 833
826, 854
825, 854

Ratable Polls, Census of, when taken, ....
" " Towns having less than 300, how represented,

" " Towns having less than 150, how represented.

Read and Write, Persons who cannot, not to vote or hold Office,
Register of Council, to be kept, subject to the call of either House,
Registers of Probate. See Probate.
Religious Denominations, equal protection secured to all,
" Societies, Right of, to elect their own Pastors, &c.,
" " Persons belonging to, to be held as Members, till

they file Notice of Dissolution, .
Representation, in Council, basis of, .

1 " in House,

" in Senate,

Rejiresentatives. See House of Representatives.
Returns, Quarterly, how and by whom to be made,
Returns of Votes, by whom made, examined, &c..
Revision of Constitution. See Constitution.
Rights, Natural, declaration of, &c.,

847
850

825, 847, 848, 849, 853
822, 848, 854

847
847
825
852
833

815, 847
815, 847

823, 824,

831
828, 851

814

Salaries, of Judges of Supreme Court, ....

Salary, of Governor, ......

Schools, Money raised and appropriated for, how to be applied,

•' Sectarian, appropriation of Money for, prohibited,
Search and Seizure, the Right of every Man to be secure from, .
Secretary, Treasurer, Commissary, &c., ....

Secretary of the Commonwealth, how chosen, .
" " Qualifications of,

*' " Duties of, .

" " may appoint Deputies, &c.,

" " Vacancy in Office of, how filled.

Selectmen, Duty of, .

Self-government, Right of, asserted.
Senate, .....

'• Members of, number, and how chosen, . . 822, 843,

" " Qualifications of, . ■ . . 824, 850,

" " shall be sworn preliminary to trial of Impeachment, .

" ♦' exempt from arrest on Mean Process, .

819, 832
832

852
852
817
834

834, 851
852

834, 853
834

843, 851
823
815
822

848, 854

852, 854
825
827

INDEX TO THE CONSTITUTION.

Senate, Quorum of, ..... .

" Vacancies in, how filled, .....

" to be final judge of elections of its own Members,

" not to adjourn more than two days,

" shall choose its own Officers, and establish its own Rules,

" shall try Impeachments, .....

" may punish persons not Members, for disrespect, &c.,

" may try and determine all cases involving its own Rights and
Privileges, . ....

Senators, Apportionment of, .... .

" Oaths and Affirmations, how taken and subscribed by,
Senatorial Districts. See Districts.

Services, Public, the only Title to particular Privileges, .
Sheriffs, how appointed, ......

'» how elected, ......

Soldier, not to be quartered in any house without consent of owner,
Solicitor- General, how appointed, ....

Standing Armies, without consent of Legislature, prohibited.
Supreme Being, the Public Worship of, a Right and Duty, &c.,

" Judicial Court, Tenure of Office and Salaries of Judges of,
Sureties and Bail, excessive, not to be demanded.
Suspension of Laws, Power of, only in Legislature,

825, 854
824
824
825

825
825

826, 827

827

848, 854

839

815
830

852
818
830
817
8U
819, 832
818
818

Taxation, should be founded on consent,

Taxes, Excises, &c.. Legislature may impose.

Tax, State or County, payment of, one of the Qualifications of a Voter

Tests, Religious, abolished, .....

Title, of Governor, ......

" of Lieutenant-Governor, .....

Town Meetings, Selectmen to preside at, ...

Towns, having less than 300 Ratable Polls, how represented,
" having less than loO Ratable Polls, how rei^resented,
" may unite in Representative District,
Travel, Expenses of, to and from the General Court, how paid, .
Treason and Felony, Legislature not to convict of,
Treasurer and Receiver- General, how chosen,

" " qualifications of,

" " eligibility to Office of, more than five

years, denied,
" " Vacancy in Office of, how filled,

Trial, by Jury, Right of, secured, ....

816, 818
821

823, 843
844
827
832
823
847
825

848, 849
826
818

834, 851
852

834

843,851

817

University at Cambridge, &c.,

836

INDEX TO THE CONSTITUTION.

Vancancies in Council, how filled,

" in Militia Offices, how filled,

" in Offices of Secretary, Treastirer, Auditor,

General, how filled,
" in Senate, how filled.

Valuation of Estates, when taken.
Veto, Power of, conferred upon Governor,
Vote, no Person a right to, who cannot read and write.
Voters, Legal, Census of, when taken,

" qualifications of, ,
Votes, all Civil Officers to be elected by a plurality of,
•' Returns of, by whom made, examined, &c.,

Worship, Public, the Right and Duty of all Men,
Writs, how made, issued, &c.,

Page 851

830

and Attorney-

843, 851

824

821

820

852

852, 854

822, 826

843, 852

850

823, 824

828, 851

814

• • •

841

Year, Political, when to begin and end.

845

INDEX

ACTS, RESOLVES, ETC., CONTAINED IN THIS VOLUME.

Abington Mutual Fire Insurance Company, to incorporate, . . Page 123

Academy, Titicut, of Middleborough, to incorporate, . . . 246

" Westfield, to aid in the establishment of an Agricultural

Department in, ... . 83

" «' to amend the Charter of, . . . . 472

Accounts against the Commonwealth, Resolves in relation to, . . 282
Accounts of Executors, Administrators and Guardians, in relation to,

and the examination of persons suspected of Embezzlement, in

certain cases, ........ 444

Actions, certain, relating to the venue of, . . . . 36

" Civil, parties in, enabled to be Witnesses, . . . 108

" " and Proceedings, parties in, enabled to be Witnesses, . 655
" " relating to return of Writs in, before Justices of the

Peace and Police Courts, ...... 4S

Adams, authorizing the removal to, of the Office of Register of Deeds

for the Northern District of Berkshire, .... 474

Adams Bank, to increase the Capital Stock of, . . . . 196

Adams, Police Court of, in addition to Act establishing, . . . 639
Address of the Governor, ...... 297, 705

Administrators, Guardians and Executors, relating to accounts of, and

the examination of persons suspected of Embezzlement, in certain

cases, ......... 444

Adulterated Milk, to punish Fraud by sale of, . . . . 130

Affirmations and Oaths, County Commissioners authorized to administer, 28

African Methodist Episcopal Churches, Trustees of, concerning, . 433

Agawam Bank, to increa.se the Capital Stock of, . . . . 643

" Bridge Company, to incorporate, .... 198

INDEX.

Aged Females, Home for, and Children's Home, in Roxbury, to incor-
porate, ........

Aged Women in Salem, Society for the relief of, to incorporate,
Agent of Charles River and Warren Bridges to lease a Wharf adjoining
Warren Bridge, .......

Agents, Board of Education authorized to appoint,

'« City and Town, concerning Purchase and Sale of Spirituous
Liquors by, .......

" School, and Normal Schools, Resolve in addition to Resolves of
1855, in favor of, .
Agricultural Branch Railroad, extending the time for the construction of,
" Department in Westfield Academy, to aid in the establish-

ment of, ......

" Societies which receive the bounty of the State, in addition

to Act concerning, ....

•« Society, Eastern Hampden, to incorporate,

*« " Nantucket, to incorporate, .

" " Worcester South, Resolve in favor of.

Agriculture, Board of, Resolves concerning the Annual Report of the
Secretary of, . . . . .

" Massachusetts School of, to incorporate,

Aiken, I^ewis, Resolve on the Petition of, ...

Albany Street, in the City of Boston, in addition to Act to extend,
Alien Passengers and State Paupers, relating to the Board of Commis
sioners on, .......

Alley, John B., and Francis O. Watts, Executors of the Will of Sarah

B. Foster, Resolve on Petition of, .
Almshouse, State, at Bridgewater, Resolve in favor of, .
•' " at Monson, Resolve relating to,

" " at Tewksbiu-y, Resolve in favor of, .

Almshouses, Overseers of the Poor authorized to remove Destitute and
Neglected Children to, .
•• State, Resolve in favor of, .

Amending the Constitution, relative to limiting the Sessions of the
Legislature," .......

Amendments of the Constitution, ....

«' " " Poposed, Resolves relating to,

" «' " Resolve relating to, .

American Hotel Company, in the North Village, in Adams, to incorpo
rate, ......

" Lead Works, to change the name of, .

" Print Works, to incorporate, ....

Amesbury Street Baptist Society, to change the name, and legalize the
doings of, ...... .

Amherst and Belchertown Railroad, to extend the time for locating and
constructing, .......

Animals, pasturing of, in Streets or Ways, relating to, .
Annexation of part of Beverly to Danvers,

Page 155
241

243
665

63S

694
157, 463

105
88
15

258

268

152

269

230

680

292, 698

681

691

503

277

703
842
666
699

82
5

438

237

44
453
457

INDEX. iii

Annexation of part of Boxt'ord to Groveland, .... Page 31

" of part of Braintree to Quincy, .... 72

" of parts of each of the Towns of Cambridge and Somerville

to the other, ...... 7fi

" of CheLsea to Boston, ..... 77

" of part of Dorchester to Quincy, additional Act, . . 500

" of part of Duxbiiry to Kingston, . . . . 441

'• of part of Groton to Pepperell, .... 510

" of part of Stoneham to South Reading, . . . 48
Annual Report of the Secretary of the Board of Agriculture, Resolves

concerning, . . . . . . . 2G8

" Reports of Railroad Corporations, in addition to Acts relating to, 92

" Returns of Railroads, concerning, .... 574

Appeals in Criminal Cases, in relation to, . . , . 71
Appleton, Nathaniel and others. Resolve on Petition of, relative to the

Salem Charitable Marine Society, . . . . . 276

Applications to the General Court, relating to, . . . , G09

: " " " " Resolveto publish the Act relating to, 700

Appointment of Members of the Legislature to certain Offices, concernijig, 529

Api^onigansett River, Abner R. Tucker and others, to plant Oysters in, 478

Apportionment of Representatives to the several Counties, . . 775

Approval of Bills of Purchases for the State Prison, to provide for, . G09

Afiueduct Company, Lebanon Springs, in aid of, ... 155

" Corporation, Jamaica Pond, to incorporate, . . . 481

Art Club, Boston, to incorporate, . . . . . . 597

Artificial Propagation of Fish, Resolve concerning, . . . 277

Artisans' Insurance Company, to incorporate, .... 597

Asiatic Bank, to increase the Capital Stock of, . . . . 499

Assault upon the Honorable Charles Sumner, at Wasliiugton, Resolves

concerning, ........ 285

Assessment and Collection of Taxes, in relation to, . . . 154

" of Taxes in the City of Lynn in 1853 and 1854, in relation to, 82

" " in the Town of Stoughton for 1864, to legalize, . 83
Assignment and Distribution of the Property of Insolvent Debtors, to

repeal chapter 238, of the Acts of 1836, regulating, . . 91

Assistant- Attorney for the County of Suffolk, to establish tlie Office of, . 35
Assistant- Clerk of the Superior Court of Suffolk County, to establish

the Salary of, . . . . . 468

" " of the Supreme Judicial Court in Suffolk County, estab-
lishing the Office of, ... . 20

Assistant- Messenger to the Governor and Council, Resolve in favor of

the Widow of John V. Low, deceased, . . . . 2 GO

Association, Bowdoin Literary, of Dorchester, to incorporate, . . 23

" Chebacco Library, to incorporate, . . . . 81

" Congregational Library, of Boston, to hold additional Real

and Personal Estate, . . . . . 71

" Duston Monument, to incorporate, .... 19

" Fall River Young Men's Christian, to incorporate, . . 473

INDEX.

Association, Gardner Library, to incorporate,

" Ladies' Charitable, at Haverhill, to incorporate,

»• Liberty Hall, Directors of, to purchase additional Real

Estate, ......

«• Lynn Library, in addition to Act incorporating,

•« Massachusetts State Teachers', Resolve in favor of, .

«' Mercantile Library, in addition to Act incorporating,

*• Mission Park, to incorporate,

" South Berkshire Institute, to incorporate, .

" Worcester County Mechanics', in addition to Act incorpo

rating, ......

»< Worcester District Methodist Episcopal Church Camp

Meeting, Trustees of, incorporated,
" Worcester District Methodist Episcopal Church Camp-

Meeting, name changed to Sterling Camp-Meeting
Association, .....

" Young Men's Library, of Worcester, in addition to Act in

corporating, .....

Associations, Law Library, in further addition to Act relating to,
" Loan Fund, concerning, ....

Astor Library, Resolve in favor of, .

Athenaeum, Blackstone, to incorporate, ....

" Dorchester, to incorporate, ....

'« Fall River, to incorporate, ....

«• Jamaica Plain, to incorporate,

Attachment and Execution, to exempt certain Articles from,
Attachments, Dissolution of, to amend chapter 66 of Acts of 1855
relative to, .
" relating to the Record of, .

Attleborough, Congregational Society in the Second Precinct in, addi-
tional to Act incorporating, ...
" Mutual Fire Insurance Company, and the Fairhaven

Mutual Marine Insurance Company, concerning.
Attorney, Assistant, for the County of Suffolk, to establish the Office of,
<■ General's Office, Resolves concerning^
♦' of the Middle District, in relation to the Salary of,
" of the South-Eastern District, to fix the Salary of,
Attorneys, District, for the Northern, Eastern and Southern Districts,
to fix the Salaries of, .....

Auctioneers, relating to, .

Auditors, to authorize the appointment of, and defining their powers,

Avenue Corporation, Mount Washington, in addition to Act establishing.

Page 54

116
126
673
24
401
193

111

479

37, 107

434

259

16
418

53
570

598
123

453
35
278
161
201

559
569
119
500

Rack Bay, to confirm an Indenture concerning,
" " Resolve in relation to Lands in,
•' " Resolves concerning, .

514
284
688

INDEX.

Bail Bonds, respecting the manner of Sureties surrendering their Trinci

pals in, to amend the -lOth chapter of the Revised Statutes,
Baker, Levi, and others, Kesolve on Petition of, .
Bank, Adams, to increase the Capital Stock of, .

•• Agawara, to increase the Capital Stock of,

•' Asiatic, to increase the Capital Stock of, .

«' Boston Five Cents Savings, to hold Real Estate, .

" Brighton Market, to increase the Capital Stock of,

'• Cape Cod, in Har^vich, to increase the Capital Stock of,

*' City, of Worcester, to increase the Capital Stock of,

" Conway, to increase the Capital Stock of, .

" Dedham, to increase the Capital Stock of,

" Franklin Savings, in Pawtucket, to incorporate, .

" Hampshire Manufacturers', to increase the Capital Stock of,

" Haverhill, to increase the Capital Stock of,

" Hide and Leather, to incorporate, .

" Hopkinton, to increase the Capital Stock of,

" Housatonic, to increase the Capital Stock of,

" John Hancock, to amend the Charter of .

" Lee, to increase the Capital Stock of,

" Lynn Mechanics', to increase the Capital Stock of,

" Maiden, to increase the Capital Stock of, .

" Maverick, in East Boston, in addition to Act incorporatin

" Mechanics', in New Bedford, to increase the Capital Stock of,

" MiDer's River, in Athol, to increase the Capital Stock of,

" Millbury, to increase the Capital Stock of,

" Mount Wollastnn, in Quincj', to increase the Cajntal Stock of,

" of Mutual Redemption, in addition to Act incorporating,

" Old Colony, in Plymouth, to increase the Capital Stock of,

" Oxford, to increase the Capital Stock of, .

" Pittsfield, to increase the Capital Stock of,

•' Quincy Stone, to increase the Capital Stock of,

" Shelburne Falls, to incorporate, ....

" Taunton, to increase the Capital Stock of,

" Union, in Haverhill, to increase the Capital Stock of,

" Wamsutta, in Fall River, to incorporate, .

" Warren, to increase the Capital Stock of, .

*• Woburn, to increase the Capital Stock of,

'« Wrentham, to increase the Capital Stock of,
Bank Bills, Worthless, in relation to, .
Banks, regulating use of Proxies in, .
Banns of Marriage, in addition to Act relating to.
Baptist Benevolent and Missionary Society, Evangelical, to incorporate,
" Church, in Woburn, First, to incorporate,
" Society, Amesbury Street, to change the name, and legalize the

doings of, .
" " in LawTence, First, name of the Amesbury Street Bap

tist Society changed to, •

Page 18
684
196
543
499
440
525
518
621
526
520
431
544
502
601
515
540
418
547
551
499
33
512
519
192
522
67, 535
523
525
552
524
200
527
504
191
518
501
529
568
595
425
503
446

237

vi INDEX.

Baptist Society, in Salem, Central, changing tlie name of the Second
Baptist Society to, and the time of their Annual
Meeting, ...... Page 14

" " in Salem, Second, changing the name, and the time of

their Annual Meeting, .... 14

" " in Southbridge, First, Resolve on Petition of, . . 674
Barker's River in Pembroke, relating to Fish Ways at the several Dams

on, ........ . 43

Barnstable, Probate Court in the County of, to establish Terms of. . 470
«* Fisheries on the South Shore and Bays, on the south side of
the Town of, and District of Marshpee, to protect, . . . 12o
Barre and North Brookfield Railroad Company, to amend the Charter of, 498
" " " " to extend the time for the con-
struction of, . . . . . . . . 16

Barrows, Lydia and another. Resolve on Petition of, . . . 676
Barstow, W. C, B. C. Ward, E. S. Rand and C. C. Gilbert, to extend

their Wharf, . . . . , , . . 22, 45

Bartlett, Sidney, Executor of the Will of Benjamin B. Mussey, Resolve

on Petition of, . . . . . . . 676

Bass River in Beverly, Bridge across, County Commissioners of Essex

to lay out a Highway, and build, . . . . . 148

Bastard Children, maintenance of, concerning Cases arising under the

49th chapter of the Revised Statutes, .... 646

Bates, Joshua, and Albert Bowker, to build and extend their Wharves, 46

Beach, Blaney's, in Swampscott, James A. Knowlton to drive Piles on, 458

Beaches in the Town of North Chelsea, to amend Act concerning, . 447

" in the Town of Swampscott, concerning, , . . 127
Beaman Manufacturing Comjjanjr authorized to increase their Capital

Stock, ........ 11

Belchertown, Resolve in favor of the Town of, . . . . 264

Belvidere Woolen Manufacturing Company, in addition to Act incorpo-
rating, . . . . . . . . 402

Benevolent and Missionary Society, Evangelical Baptist, to incorporate, 503
" Society, Female, at South Danvers, to incorporate, . . 33
" " Independent, in Newbizryport, to incorporate, . 124
" " Ladies', of Newbury, to incorporate, . . 129
Benson, Jared and others. Resolves on Petition of, . . . 261
Berkshire Mutual Fire Insurance Company, in addition to Act incor-
porating, . . . . . . . 404

" Northern District of, authorizing removal of Office of Register

of Deeds, from Lanesborough to Adams, . . 474

" Probate Courts in the County of, concerning, . . 405

Berlin, Town of, Resolve in favor of, . . . . . 263

Beverly, Highway and Bridge across Bass River in, County Commis-
sioners of Essex to lay out and build, . . . 148
" part of, annexed to Danvers, . . . . . 457

Billiard Tables and Bowling Alleys, Act in relation to Gaming, . 531
Billingsgate Island, Jurisdiction over certain Lands on, ceded to the

United States, .,,.,.. 472

INDEX.

Vll

Bills of Purchases for the State Prison, to provide for the approval of,

" Worthless Bank, in relation to, .
Birthday of Washington, Resolves relating to the Celebration of,
Blackstone Athenrrum, to incorporate, ....

" Police Court in, to abolish, ....

Blake, Edward, Resolve on Petition of, to sell Real Estate,
Blaney's Beach, in Swampscott, James A. Knowlton to drive Piles on,
Board of Agriculture, Annual Report of the Secretary of. Resolves con-
cerning, .......

" of Directors for the Public Institutions for the City of Boston and

County of Suffollt, to establish,
" of Education to appoint Agents, ....

" of Education, Resolve concerning,
" of Insurance Commissioners, Resolve in favor of,
" of Trade, Boston, Resolve in favor of, .
Boat Meadow River, Bridge across. Selectmen of Eastham to build,
Boice, Patrick, Resolve on Petition of, to sell Real Estate,
Bond to be given by Executors who are Residuary Legatees, in relation

to form of, .

Bonds, Bail, respecting the manner of Sureties surrendering their Prin
cipals in, amending the 49th chapter of the Revised Statutes,
" of Registers of Probate, to amend the 21st section of the S.ld
chapter of the Re\'ised Statutes, relative to, .
Boston Art Club, to incorporate, .....

" Barre and Gardner Railroad Company, concerning,

'< Board of Trade, Resolve in favor of, .

" and Cape Cod Marine Telegraph Company, to incorporate,

" and Chelsea Railroad Company, concerning,

<' Chelsea reannexed to, .

" Clearing House, in relation to, .

" Drains and Sewers in the City of, concerning, .

" Faucet Company, name of American Lead Works changed to,

<< Five Cents Savings Bank; to hold Real Estate, .

*' Harbor of, in addition to Act concerning Lines in,

" " Mystic River and Dorchester Bay, concerning,

'« " to protect, .....

«' " Scientific Survey of, Resolves relative to,

" Inland Mutual Insurance Company, to incorporate,

" Insane persons in the City of, concerning,

" Kansas Company, to incorporate,

" and Kennebec Steamboat Company, to incorporate,

" and Lowell, the Fitchburg and the Grand Junction Railroads

Bridge at the intersection of, ...

" and Lowell Railroad, additional Branch Track in the City of,

Lowell, authorized, ......

" and Lowell Railroad Company, amending Act passed May 21,
1850, authorizing alteration iti the construction and loca-
tion of a Bridge, ......

Page 609

568

258, 658

266

458

2GS

426
665
682
700
280
147
275

456

405

597

00, 459

280

73, 441

559

440

235

226

237

264

114

647

405

232

viii INDEX.

Boston and Lowell Railroad Company, extending time of construction

of Branch Railroad in Boston, by, . . . . Page 93

" and Lowell Railroad Corporation, and certain Pvailroad Compa-
nies connected therewith, concerning, . . . 478
♦ ' and Lowell Railroad Corporation, extending time for the con-
struction of a Branch Track in Lowell, by, . . . 641
«' and Lowell and Salem and Lowell Railroad Companies, con-
cerning, . . . . . . . 91

" Lunatic Hospital, concerning, ..... 627

" and Maine Railroad, and the Danvers Railroad Company, con-
cerning, . . . . . . . 611

*' and New Orleans Steamship Company, to incorporate, . . 146
" and New York Central Railroad, Bridge across, in Dorchester,

County Commissioners of Norfolk to construct, . . 39
" and New York Central Railroad Company, concerning, . . 15, 425
"" and New York Central Railroad, extending the time for the

construction of, . . . . . . 18

" and New York Steamship Company, to incorporate, . . 505

" and North Cambridge Omnibus Company, to incorporate, . 113
" Public Institutions for the City of, and the County of Suffolk,

to establish a Board of Directors for, . . . 42G

" Public Library in, relating to, . . . . . 404

" and Roxbury Mill Corporation, concerning, . . . 106
" Submarine and Wrecking Company, to change its name and

increase its Capital Stock, ..... 422

" Taxes in the City of, to repeal Act changing the time of assessing, 623
" and Worcester Railroad Corporation, to change the location of a

portion of their road, ..... 485

Boundary Line between Cambridge and Somerville, altering, and annex-
ing portions of each to the other, ... 76
" " between Chilmark and the Indians of Gay Head, to es-
tablish and confirm, ..... 120

'< " between Danvers and South Danvers, determining, . 151
<« " between East Bridgewater and Hahfax, to establish, . 438
" " between Lynnfield and North Reading, to change, . 572
" " new, between Salem and South Danvers, establishing, . 74
" " between South Scituate and Hanover, determining, . 509
" " between South Scituate and Hanover, Resolves in rela-
tion to, ...... 286

" " between Uxbridge and Northbridge, changing, . . 80

Bounty, Cod Fishing, Resolves concerning the proposed repeal of, . 057
" of State, Agricultural Societies which receive, in addition to

Act concerning, . . , . . . . 105

Bowditch, J. IngersoU, Executor of Ephraim Peabody, to sell certain

Real Estate of the Testator, ...... 659

Bowdoin Literary Association of Dorchester, to incorporate, . . 23

" Mutual Fire Insurance Company, to incorporate, . . 220

Bowker, Albert, and Joshua Bates, to build and extend their Wharves, 46

INDEX.

Bowling Alleys and Billiard Tables, Act in relation to Gaming,
Boxford, Ipswich River Fisheries in the Town of, to protect,
«• part of the Town of, annexed to Groveland, .
" Town of. Resolve in favor of, .
Boys, State Reform School for, and State Industrial School for Girls,
relating to support of certain Inmates of,
" " " " for, at Westborough, Resolve concerning,

" " " " for, at Westborough, Resolve in favor of,

Braintree, part of the Town of, annexed to Quincy,
Braintree and Weymouth Turnpike and the Neponset Bridge, concerning
Branch Railroad, Agricultural, extending the time for the construction of,
" " into Boston, by the Boston and Lowell Raikoad Corpo

ration, to extend the time of construction,
" " Company, Dorchester and Milton, concerning,

" •' East Walpole, to extend the time of construction,

" " Newburyport Railroad Company to construct, in addi

tion to Act authorizing,
" <' Plympton, to change the name of.

Branch Track, additional, of the Boston and Lowell Raih-oad Company
in the City of Lowell, authorized, .
" " in Lowell, extending time for the construction of, by the

Boston and Lowell Railroad Company,
Branches to be taught in the Public Schools, Act concerning, and for
other purposes, ......

Breakwater at Cape May, Resolves concerning, .
Breed, Charles S. and others. Resolve on Petition of,
Breitt, Benjamin H. and Barnabas S. Young, to build a Wharf,
Bridge across Bass River in Beverly, County Commissioners of Essex to
lay out a Highway, and build,
across Boat River Meadow, Selectmen of Eastham to build,
at the intersection of the Boston and Lowell, the Fitchburg and

the Grand Junction Railroads in Somerville, relative to,
Boston and Lowell Railroad, to amend Act passed May 21, 1855

authorizing alteration of the location and construction of,
across the Boston and New York Central Railroad, in Dorchester,

County Commissioners of Norfolk authorized to construct.
Canal, and West Boston, authorizing the Hancock Free Bridg(

Corporation to surrender to the City of Cambridge, .
Charles River and the Warren, Agent to lease a Wharf adjoining
Warren Bridge, .....

Charles River and the Warren, concerning,

Company, Agawam, to incorporate.

Corporation, Hancock Free, authorized to surrender the West

Boston and Canal Bridges to the City of Cambridge,
East Boston Free, in addition to Act incorporating,
over East Harbor, Towns of Truro and Provincetown to construct,
Essex, to provide for the maintenance of,
Essex Merrimack, concerning, ....

Page 631

276

291

677

666

157, 463

93
608
601

46
17

641

642
270
661
112

148
147

232
23
39

606

243
206
198

606
56
220
615
206

INDEX.

Bridge, Holyoke and Willimansett, to incorporate the Proprietors of,
" Lawrence, in addition to Act incorporating the Proprietors of, .
" over Maiden River, County Commissioners of Middlesex to lay
out a Highway, and construct, ....

" over Merrimack River between Dracut and Chelmsford, to repeal
part of an Act in addition to Act incorporating certain per-
sons for the purpose of building, ....

<' over Mystic River, in Medford, County Commissioners of Mid-
dlesex to lay out a Highway and construct, additional Act,
" Neponset, and Braintree and Weymouth Turnpike, concerning,
" Pitcher's, in Huntington, relating to, .
«' Selectmen of Wellfleet to build, ......

" over Skunk Creek, in Somerset, County Commissioners of Bris-
tol to lay out a Highway and construct,
" Sunderland, in addition to Act incorporating the Proprietors of,
" Warren, to discontinue a Crossing, at grade, upon, and for other
purposes, ......

" Warren, relating to, .... .

" Warren and the Charles River, Agent to lease a Wharf adjoining
Warren Bridge, .....

« Warren and the Charles River, concerning,

" West Boston, and Canal, authorizing the Plancock Free Bridge

Corporation to surrender to the City of Cambridge, .
" over the Weweantitt River, County Commissioners of Plymouth
to lay out a Highway and construct,
Bridgewater, State Almshouse at, Resolve in favor of, .
" State Normal School-house at, concerning,

«' Trinity Church in, to incorporate the Trustees of the Funds

of,

Brigham, Charles, Resolves on Petition of, . . •

Brirafield Free Grammar School, Trustees of, to change the corporate

name to the Hitchcock Free Grammar School,
Brighton Market Bank, in Brighton, to increase the Capital Stock of,
Bristol, County Commissioners of, to borrow Money,

<• " . " to borrow Money, either to repair or

build a House of Correction,
" «« '« to lay out a Highway and construct a

Bridge over Skunk Creek, in
Somerset,
Bristol County, Probate Court, changing the time of holding a Term of,

'• «' " " establishing Terms of, .

Broadway Railroad Company, in addition to Act incorporating,

" " " concerning,

Brookline Hotel Company, to incorporate,

" Railroad Company, to incorporate.
Brooks, Hii-am, to extend liis Wharf, ....
Bruen, George H., Resolve on Petition of, . . .

Brush Hill Turnpike Corporation, concerning, .

Page 532
419

542

461
556
471
114

150
462

475
402

243
205

606

292, 698
280

128

269, 672

231
525
611

224

150
195
506
192
649
200
648
481
679
486

INDEX.

Buildings, Public, School-houses, &c., concerning,

Burial Ground in Natick, Resolve authorizing the removal of the

liemains of the Dead from, ......

Burial Grounds of the Second Parish, in West Newbury, authorizing

the disposal of, ...... .

Burnham, Parker, Jose^jh B. and Elias, authorized to extend their

Marine Railway, . . .....

Burying Ground in the Town of West Roxbury, in relation to.
Butters, Francis and others, to build a Wharf, ....

Buzzard's Bay, Act for the preservation of Fish witliin the Towns of

Sandwich and Wareham, ......

Page 656

675
43

66
467

102

Cabinet, State, Resolve concerning, ....

Caldwell and Tewksbury, Resolve on Petition of,
Caleb's Pond Company, to incorporate, ....
Cambridge, City of, in further addition to Act establishing,

'• " Hancock Free Bridge Corporation authorized to sur

render the West Boston and Canal Bridges to,
Cambridge and Somerville, altering Boundary Line between, and annex
ing portions of each to the other,

" Water Works, concerning, ....

Camp-Meeting Association, Worcester District Methodist Episcopal

Church, Trustees of, incorporated,
«• '• Worcester District Methodist Episcopal

Church, to change the name to Ster
ling Camp-Meeting Association,
Canal and West Boston Bridges, authorizing the Hancock Free Bridgi

Corporation to siirrender, to the City of Cambridge,
Cape Cod Bank, in Harwich, to increase the Capital Stock of, .

" Harbor, Resolve concerning the preservation of,
Cape May, Breakwater at, Resolves concerning, .
Capen, Nahum, Resolve in relation to the Estate of,
Carey, Augustus C, to build a Wharf, ....
Carriers, Common, in relation to, ....

Cartway, Silas Hatch and others to construct, in the Town of Falmouth
Catalogue of the Papers and Index to the Journals of the House of

Representatives, Resolve to complete,
Catholic Cemetery in Dorchester, in addition to Act incorporating th

Proprietors of, ..... .

Cattle, relative to Pasturing of, or other Animals, in Streets or Ways,
Celebration of the Birthday of AVashington, Resolves relating to,
Cemetery, CathoHc, in Dorchester, in addition to Act incorporating the
Proprietors of, .

" Oak Grove, Proprietors of, to incorporate,

•' Public, of the City of Roxbury, relating to, .

'♦ Rural, in Worcester, in addition to Act incorporating the

Proprietors of, .

697

276

530

58, 447

606

76
221

479

606
518
694
270
271
63
571
444

663

569
453
658

569

195

Xll

INDEX.

Census, Decennial, and Statistical Information, in addition to the several

Acts to secure, ...... Page 26

«• of Legal Voters and Inhabitants of the Commonwealth, Act for

taking, ....... 439

Central Baptist Society in Salem, name of Second Baptist Society

changed, and also the time of their Annual Meeting, . . 14
Chace, James S., to plant Oysters in Taunton Great River, in addition

to Act authorizing, ....... 38

Chandler, B. B., Resolve in favor of, .... . 693

Change of Names, ....... 249, 787

Chaplain of the House of Representatives, Resolve for the pay of, . 697
Chaplains of the Legislature, Resolve in behalf of, . . . 678,785
Chappequiddic and Christiantown Indians, Resolve in aid of, . . 675
•' Indians and others, Resolve on Petition of the Guar-
dian of, 265

Charitable Association at Haverhill, Ladies', to incorporate, . . 77
Charitable, Educational and Religious Purposes, Corporations for, relat-
ing to the organization of, . . . . 126

" Educational and Religious Purposes, organization of Corpo-

rations for, to amend chapter 215 of the Lavps of 1856

relating to, ..... . 436

" Marine Society, Salem, Resolve on Petition of Nathaniel

Appleton and others, relative to, . . . 276
'• Society, General, of Newburyport, to incorporate, . . 204'
Charles River Navigation Company, to incorporate, . . . 437
•' '• Railroad and the New York and Boston Railroad Com-
panies, confirming the union and extending the time
for the location and construction of, . . . 153
'• *' and the Warren Bridges, Agent to lease a Wharf adjoin-
ing Warren Bridge, . . . . . 243

" •' and the Warren Bridges, concerning, . . . 205

Charlestown Water Works, concerning, ..... 633

Charter of the Barre and North Brookfield Railroad Company, to amend, 498

" of the City of Lowell, to amend, . . . . 121

" of the John Hancock Bank, of Springfield, to amend, . . 418
" of the Railroad Mutual Fire Insurance Company, to accept the

surrender of, ...... 29

*• of the Westfield Academy, to amend, .... 472

Cheap Postage and the Franking Privilege, Resolves concerning, . 288

Chebacco Library Association, to incorporate, . . . . 81

Chelmsford and Dracut, Bridge over Merrimack River between, to repeal
part of an Act in addition to Act incorporating certain persons for

the purpose of building, ...... 542

Chelsea, City of, established, ...... 406

Chelsea reannexed to Boston, ."..... 77

Chemical Manufacturing Company, United States, authorized to change

their name and location, ...... 38

Chicopee, Police Court in Town of, in addition to Act establishing, . 8

INDEX. xiii

Children, Bastai'd, maintenance of, concerning Cases arising under the

49th chapter of the Revised Statutes, . . . Page 646

'« Destitute and Neglected, Overseers of the Poor authorized to

remove, to Almshouses ..... 503

" Idiotic, Resolve concerning, ..... 702

" Minor, whose Parents are living separate, respecting the cus-
tody of, ....... 14

'• of Non-Resident Parents, to attend Public Schools, defining

the rights of, ...... 480

" under Guardianship, to attend the Public Schools, in relation

to the rights of, . . . . . • 92

Children's Home and Home for Aged Females, in Roxbury, to incor-
porate, ........ 155

Chilmark, Resolve in favor of the Town of, .... 692

" Town of, and the Indians of Gay Head, to establish and con-
firm the Boundary Line between, . . . . . 120

Christian Association, Fall River Young Men's, to incorporate, . . 473

Christiantown and Chappequiddic Indians, Resolve in aid of, . . 675

Church, First Baptist, in Woburn, to incorporate, . . . 446

Church and Society in Danvers, Maple Street, name of Thii-d Orthodox

Congregational Society changed to, . . . . 4(37

" and Society in Marion, Congregational, name of the Fourth

Congregational Precinct in Rochester, changed to, . . 46

" Trinity, in Bridgewater, to incori^orate the Trustees of the

Funds of, ....... 128

" Wesleyan, in Duxbury, to incorporate the Trustees of, . . 480

Churches, African Methodist Episcopal, concerning Trustees of, . . 433

Cincinnati, Society of, Massachusetts, Resolve on the Petition of, . 263

Cities, relating to removal of Snow and Ice from Sidewalks of, . . 442

" and Towns authorized to set out Shade Trees, . . . 471

" " to repeal Act incorporating, into Mutual Fire Insur-

atice Companies, at their election, ..... 502

City Bank, of Worcester, to increase the Capital Stock of, . . 621

" of Chelsea, established, ...... 406

" of Boston, Town of Chelsea reannexed to, . . . . 77

'« of Cambridge and Town of Somerville, altering Boundary Line

between, and annexing portions of each to the other, . . 76

'• Fire Insurance Company, name of the Cochituate Fire Insurance

Company of Boston, changed to, ... . 4

" and Harbor of New Bedford, in addition to Act ceding Jurisdiction

over certain Lands and Shoals in, to the United States, . 473

" Hotel in Worcester, in addition to Act incorporating Proprietors of, 102

" Mission Society, EUot, of Roxbury, to incorporate, . . 81

•' of New Bedford and Harbor, Jurisdiction over certain Lands and

Shoals in, ceded to the United States, . . . • 51

" Salem and Town of South Danvers, new Boundary Line between

established, ....... 74

'• and Town Agents, concerning Purchase and Sale of Spirituous

Liquors by, .,....• 638

xiv INDEX.

City or Town Records, authorizing Transcripts of, . . . Page 453

Civil Actions, to enable parties in, to be Witnesses, . . . 108
" relating to return of Writs in, before Justices of the Peace

and Police Courts, ..... 48

" and Proceedings, Parties in, enabled to be Witnesses, . 655

Civil Officers, Election of, concerning, . . . . . 88

" Election of, in addition to Act concerning, . . 527
Claim against the General Government, Massachusetts, Resolves con-
cerning, . . . . . . . . 681

Clark, Enos, Jr., Treasurer to release and quitclaim certain lands in

Northampton to, ...... . 274

Clearing House, Boston, in relation to, . . . . . 48

Clerk, Assistant, of the Superior Cotirt of Suifolk County, to establish

the Salary of, . . . . . . 4G8

'« Assistant, of the Supreme Judicial Court, in Suffolk County,

establishing the Office of, .... . 20

" of the Courts for the County of Hampden, establishing the Salary

of, ........ G20

" Hire, extra. Resolve relating to, . . . . . 294

" of the House of Representatives, late Acting, Resolve in favor of, 061

Clerks of County Commissioners, concerning, .... 397

" of Courts and other County Officers, concerning the Election of, 98
'« Door-keepers and Messengers of the Legislature, Resolve for pay

of, ........ 785

Clinton Steam-Power Company, to incorporate, . . . « 17

Club, Boston Art, to incorporate, ..... 597

Coal Company, Massachusetts Peat, to incorporate, . . . 501

Cochituate Fire Insiu'ance Company of Boston, to change the name of, 4

Cod Fisliing Bounty, Resolves concerning the proposed repeal of, . 657

Collection and Assessment of Taxes, relating to, ... 154
College, New England Female Medical, name of the Female Medical

Education Society changed to, and the same reorganized, . . 115
Colony Records of New Plymouth and Massachusetts, in addition to

Resolve concerning, . . . . 700

" " of New Plymouth and Massachusetts j Resolves con-
cerning, . . . . . . 701

Commissioners on Alien Passengers and State Paupers, relating to the

Board of, ...... 230

'* for the Consolidation of the General Statutes, Resolve to

pay, ....... 684

" County, authorized to administer Oaths and Affirmations, 28

" " of Bristol, to borrow Money, . . . 611
" "of Bristol to borrow Money either to repair or

build a House of Correction, . . 224
*' " of Bristol to lay out a Highway and construct a

Bridge over Skunk Creek, in Somerset, . 150

" •' Clerks of, concerning, .... 397

" " of Dukes County, to borrow Money, . , 527

INDEX. XV

Coramissioners, County, of Essex to lay out and construct a Highway in

the Town of Manchester, . . . Page 119

" " of Essex to lay out a Highway and cause a Bridge

to be built across Bass River in Beverly, . 148

" " of Middlesex, to change the place of holding

the September Meeting of, . . . 427

" " of Middlesex to lay out a Highway and con-

struct a Bridge over Maiden River, . 42

" " of Middlesex to lay out a Highway and con-

struct a Bridge over Mystic River in
Medlbrd, additional Act, . . . 461

" " of Norfolk to construct a Bridge across the Bos-

ton and New York Central Railroad, in
Dorchester, . , , . 39

*• "of Norfolk and others to lay out Ways across

Muddy River, .... 463

" "of Plymouth to lay out a Highway and construct

a Bridge over Weweantitt River, . . 90

" " powers of, in laying out Ways across Railroads,

relating to, .... 633

" " of Worcester, to borrow Money, . . 444

" of Deeds in Foreign Countries, Governor authorized to

appoint, . . . . . , 188

" Insurance, Resolve in favor of the Board of, . . 700

•' Insurance, Resolve to provide for the expenses of, . 292

" Resolves concerning, ..... 698

" on the State House, Resolve in favor of, . . , 692

«' of the State Reform School for Girls, Resolve in favor of

John H. Wilkins, H. B . Rogers, and Francis B . Fay, 678

Committees, School, concerning Vacancies in, . . . .51,614

" " pro\'iding for Election of, . . . . 619

Common Carriers, in relation to, . . . . . . 571

" Schools, relating to, . . . . . . 528

" Pleas, Court of, for the County of Middlesex, relating to, . 96

" '* '• for the County of Worcester, to establish addi-

tional Terms of, . . . . 236

'* " " and the Superior Court of the County of Suf-

folk, concerning, .... 245

Commonwealth, Accounts against. Resolves in relation to, . . 282

" to divide, into Districts for the choice of Councillors, . 243

•• to divide, into Forty Districts for the choice of Senators, 776

" in relation to Lands mortgaged to, . . . 35

" Printing for. Resolve concerning, . . . 294

" provision made for the Unfunded Debt of, . . 161

Compulsory Pilotage, certain classes of Vessels exempted from, . 656

Congregational Church and Society in Marion, name of the Fourth

Congregational Precinct in Rochester changed to, . 46

" Library Association of Boston, to hold additional Real

and Personal Estate, . . . . 71

XVI

INDEX.

Congregational Parish in West Cambridge, First, to enclose their Land,

" Precinct in Rochester, Fourth, Act to change the name,

and for other purposes, ....

" Society, in Danvers, Third, Orthodox, name changed to

Maple Street Church and Society, .
" Society in the Second Precinct in Attleborough, addi

tional to Act incorporating,
" Society of Winchester, First, name of South Congrega

tional Society of Woburn, changed to,
" Society of Woburn, South, name changed, and author

ized to hold property.
Congress, Election of Representatives in, concerning,
Connecticut, certain Resolutions of the Legislature of, Resolves in rela
tion to, ...... .

Connecticut River Railroad, to extend and unite the Hampshire and
Hampden Railroad with, .....

Consolidation of the General Statutes, Resolve to pay Commissioners for,
Constable of the Tow^n of Gloucester, Resolve in favor of George Lane,
Constitution and Amendments, ......

" Amendments of, Resolve relating to, . . .

" Proposed Amendments of, Resolves relating to,

" Resolve to amend, relative to limiting the Sessions of the

Legislature, ........

Contingent Expenses of the Council, Legislature and Offices in the State
House, Resolves providing for, .....

Convention of 1788, Massachusetts, Resolve relating to,

'* " " additional Resolve relating to.

Convicts, Female, in addition to Act relating to, ...

•' Insane, in addition to Act for removal of, from the State Prison,
Conway Bank, to increase the Capital Stock of, .
Cook, Samuel, Resolve in favor of, .... .

Cordis, Francis T., of Longmeadow, and others, Resolve on Petition of,
Corporations for Educational, Charitable and Religious purposes, Organi-
zation of, to amend chapter 215 of the Laws of 1856,
relating to, .
" for Educational, Charitable and Religious purjioses, relat

ing to Organization of, ...

" Officers of, and other persons, to punish Frauds in,

" Organization of, limiting the time for,

Council, to arrange the Senatorial Districts into Eight Districts for the
choice of, .
" Legislature and its Officers, Resolves for the pay of,
« Legislature and Offices in the State House, Resolves providing

for the Contingent Expenses of,
" Senate and House of Representatives, Resolves providing for
the pay of, .

Councillors, to divide the Commonwealth into Districts for the choice otj
Counties, Apportionment of Representatives to, .
" Resolve granting Taxes for the several,

Page 107

467

7
145

292

573
684
272
337, 813
699
666

703

294, 664
259
264
21
75
526
673
682

436

126

194

780
687

294, 664

289

243

77-5

269, 661

INDEX. xvii

County Commissioners authorized to administer Oaths and Affirmations, Page 28
" " of Bristol, to borrow Money, . . . 611

" " of Bristol to borrow Money either to repair or

build a House of Correction, . . 224

" " of Bristol to lay out a Highway and construct a

Bridge over Skunk Creek, in Somerset, . 150

" " Clerks of, concerning, .... 397

" " of Dukes County, to borrow Money, . . 627

" " of Essex to lay out and construct a Highway in

the Town of Manchester, . . . 119

" « ' of Essex to lay out a Highway and caiise a Bridge

to be built across Bass River, in Beverly, . 148

•' " of Middlesex to lay out a Highway and construct

a Bridge over Maiden River, . . 42

" " of Middlesex, to lay out a Highway and construct

a Bridge over Mystic River in Medford,
additional Act, . . . . 461

" " of Middlesex, to change the place of holding the

September Meeting of, . . . 427

" " of Norfolk to construct a Bridge across the Bos-

ton and New York Central Railroad in
Dorchester, .... 39

" •• of Norfolk and others, to lay out Ways across

Muddy River, .... 403

" •' of Plymouth to lay out a Highway and con-

struct a Bridge over Weweantitt River, . 90

" *• powers of, in laying out Ways across Railroads,

relating to, . . . . . 633

•• " of Worcester, to borrow Money, . . 444

'< Officers, Clerks of Courts, concerning the Election of, . 98

Coup Oil Company, name of the United States Chemical Manufactur-
ing Company changed to, ..... . 38

Court of Common Pleas for the County of Middlesex, relating to, . 96

" '* for the County of Worcester, to establish ad-

ditional Terms of, . . . . 236

*' " and the Superior Court of the County of Suf-

folk, concerning, .... 245

General, Applications to, Resolve to publish the Act concerning, 700

" Door-keepers, Messengers and Pages, Resolve relating

to the compensation of, . . . . 293

" relating to Applications to, . . . . 609

" relating to compensation of the Door-keepers, Messen-
gers and Pages, . . . . . 681

Police, of Adams, in addition to Act establishing, . . 639

" of Blackstone, to abolish, .... 42

" of Chicopee, in addition to Act establishing, . • 8

" in Framingham, to establish, .... 468

" of Lowell, concerning, . , . • • '514

XVlll

INDEX.

Court, Police, of Milford, concerning, ....
" '< of Milford, in addition to Act establishing,

" «' of Pittsiield, in addition to Act establishing,

" " of Springfield, for the better establishment of,

" " of Worcester, concerning,

" Probate, of the County of Barnstable, to establish Terms of,
" Probate in the County of Bristol, changing the time of holding

Term of, .... .

•' " of the County of Bristol, to establish Terms of, .

" *' of the County of Middlesex, to establish the Terms of,

" " at Groton, changing the time of holding,

" ♦' in Middleborough, in the County of Plymouth, time of

holding changed, .....
*< " in North xlndover, in the County of Essex, establishing,

" " in North Bridgewater, in the County of Plymouth, es-

tablished, and time of holding Probate Court at Mid
dleborough, changed,
" Superior, of the County of Suffolk and the Court of Common

Pleas, concerning, ....
" " of Suffolk County, Salary of Assistant- Clerk estab

lished, .....

♦• Supreme Judicial, in addition to the several Acts giving Jurisdic

tion in Equity to,
«« «' «< Assistant- Clerk of, in Suffolk County, estab

lisWng the Office of,
" " " relating to the Jurisdiction of, .

" " " Salaries of the Justices of established,

" Trials by, respecting, .....

Courts, Clerks of, and other County Officers, concerning the Election of,
" of this Commonwealth, to secure uniformity of Fees in,
" for the County of Hampden, Salary of Clerk established,
" Criminal, in the County of Worcester, concerning,
" of Insolvency, establishing Salaries of the Judges and Registers of,
'< Police, concerning, ....

" " concerning the Jurisdiction of,

" " and Justices of the Peace, relating to Return of Writs in

Civil Actions before,
" Probate, in the County of Berkshire, concerning,
«« «« in the County of Dukes County, in addition to Act

concerning,
" •' in the County of Worcester, relating to,

«' " in relation to certain Proceedings in,

Criminal Cases, Appeals in, relative to, .

•< " Fines and Forfeitures in, regulating payment of,

*' Courts in the County of Worcester, concerning,
Crossing, at grade, upon the Warren Bridge, to discontinue.
Crossings, in relation to, .

" Railroad, for the better protection of the Public at,

Page 612

193

422

98, 404

470

INDEX.

XIX

C'rowell, Zeno, to build a Wharf, . . . .

Crowley, Daniel, authorized to extend his Wharf,
Curtis, John, Heirs of the late, to extend their Wharf in Boston,
Gushing, Edward J., Resolve on Petition of, .

Cutting Machine Manufacturing Company, in addition to Act incorpo
rating, .......

Page 44

G40

279

108

. D.

Dams on Barker's River, in Pembroke, relating to Fishways at, . 43

•• Mill and Reservoir, in addition to Act relating to, . . 509

'• and Reservoirs, concerning wilful and malicious injuries to, . 507

Danvers, part of Beverly annexed to, . . . . . 457

•' ^lutual Fire Insurance Company, to continue in force Act
incorporating, and to change the name to the South
Danvers Mutual Fire Insurance Company, . . 22
" Railroad Company and the Boston and Maine Railroad, con-
cerning, . . . . . . . (ill

" and South Danvers, determining the boundary line between, 151
'• Third Orthodox Congregational Society, name changed to

Maple Street Church and Society,. . . . 467

Davis, Lucy and George P., Executors of the Will of Samuel Davis,

authorized to sell Real Estate of the Testator, . . . G71

Days, certain, concerning the observance of, ... . 59

Dead, authorizing the removal of, from a Burial Ground in Natick, . G75

Deadly Poisons, Sale of, relating to, .... . 627

Death of Elisha Kent Kane, Resolves in relation to, . . . 659

" Sentence of, to repeal certain Acts concerning persons under, . 427
Debt, Imprisonment for, and the punishment of Fraudulent Debtors, to

amend and consolidate the several Acts concerning, . . 489

" Public, relating to Extinguishment of, . . . . 534

" Unfunded, of the Commonwealth, provision made for, . . 151
Debtor, Insolvent, a new promise in writing required of, after his dis-
charge, . . . . . . . . II

Debtors, Insolvent, Act of 1836, regxilating the Assignment and Distri-
bution of the Property of, repealed, . . 91
*• ♦• in addition to the several Acts for the relief of, and

the more equal Distribution of their Effects, . 207

" " in relation to, . . . . . 191

Decennial Census and Statistical Information, in addition to the several

Acts to secure, ....... 26

Dedham Bank, to increase the Capital Stock of, . . . . 520

Deeds, Commissioners of, in Foreign Countries, Governor authorized to

appoint, . . . . . . . 188

" Indexing of, concerning, ...... 225

•« Indexing of, in addition to Act concerning, . . . 624

'« Indexing of, to amend Act concerning, . . . . 428

•• Mortgage, containing a Power of Sale, to perpetuate Evidence of

title to Real Property obtained under, . . . 564

XX INDEX.

Deeds, llcgister of, for the County of Suffolk, to provide for the Elec-
tion of, .... . . • Page 62

" Register .of, for the Northern District of Berkshire, authorizing

removal of Office from Lanesborough to Adams, . . 474

'« Registry of, for the Northern District of Middlesex, relating to, . 189

♦< Registry of, in the Town of Littleton, concerning, . . 61
Deep Bottom, Indians of, to confirm the title of certain Lands in Tisbury

to Jemima Easton, her Heirs, and others, . . . . 120

Dennis, Henry, of Rockport, Resolve on Petition of, . . . 272

Department of the Secretary of the Commonwealth, Resolve in favor of, 281

Depot and Wharf Company, North American, to incorporate, . . 511
Deputy- Sheriffs of Northampton, Ansel and George P. Wright, Resolve

in favor of, . . . . . , . 290

" and Sheriffs, in relation to, . . . . . 108

Deputy-Warden and Warden of the State Prison, (late,) Resolve in

favor of the Famihes of Galen C. Walker and Solon H. Tenney, . 660

Design, New England School of, for Women, Resolve in aid of, . 291

" " " " additional Resolve in aid of, 293
Destitute and Neglected Children, Overseers of the Poor authorized to

remove, to Almshouses, ...... 503

Dickson, Lydia V., Resolve on Petition of, praying that she may receive

the Personal Estate of Elizabeth Lewis, deceased, . . . 290
Directors of the Public Institutions for the City of Boston and County

of Suffolk, to establish a Board of, . . . . . 426

DiscipUne of the State Prison, concerning, .... 629

Disease, Potato, concerning the discovery of a Remedy for, . . 571

Disorderly and Idle Persons, concerning, .... 108

Dispensary, Homoeopathic Medical, to incorporate, . . . 112
Dissolution of Attachments, to amend chapter 66 of 1855, relative to, . 598
Distribution of Professor Hitchcock's Geological Report, Resolve pro-
viding for, ........ 694

District- Attorney of the Middle District, in relation to the Salary of, . 161

«« <• for the South- Eastern District, to fix the Salary of, . 201
District- Attorneys for the Northern, Eastern and Southern Districts, to

fix the Salaries of, . . . . . . • 559

District, Hopland School, in addition to Act incorporating, . . 516

•' of Marshpee, in addition to Act establishing, . . . 219

Districts for the choice of Councillors, to divide the Commonwealth into, 243

" Council, to arrange the Senatorial Districts into, . . 780

" School, to repeal chapter 153 of the Acts of 1853, concerning, 602

" Senatorial, to divide the Commonwealth into, . . . 776

Dividing Line between East Bridgewater and Halifax established, . 438

Division of the Commonwealth into Forty Districts for the choice of

Senators, ........ 776

Divorce, Libels for, relating to trial of, ; . . . . 602

" relating to, ...... • 663

Documents, certain. Secretary of the Commonwealth authorized to fur-
nish, ....... 286

" and Papers of the Senate, Resolve concerning, . . 701

INDEX.

XXI

Documents and Reports, Public, in relation to, . . . . Page 428

Door-keepers, Clerks and Messengers of the Legislature, Resolve for the

pay of, . . . . . . 785

" Messengers and Pages of the General Court, Resolve

relating to compensation of, . . . . 293, 681

Dorchester Athenaeum, to incorporate, . . . . . 418

'• Avenue Railroad Company, in addition to Act incorporating, 34, 202

" " " " concerning, . . . 545

" Bay, Mystic River, and the Harbor of Boston, concerning, . 226

" and Milton Branch Railroad Company, concerning, . . 508

" and Milton Extension Railroad, in addition to Act establishing, 77

" part of, annexed to Quincy, additional Act, . . . 500

" and Roxbury Railroad Company, to incorporate, . . 603

'• Selectmen of, Resolve on Petition, , . . . 674
Dower, authorizing release of, in behalf of Married Women who are

Insane, ........ 94

Dracut and Chelmsford, Bridge over Merrimack River between, to repeal
part of an Act in addition to an Act incorporating certain persons

for the purpose of building, ..... 542

Draining of Low Lands, concerning, ..... 637

Drains and Sewers in the City of Boston, concerning, . , . 559

Drake, Tisdale, to extend his Wharf in Boston, .... 635

Drew, Luther, to build a Wharf, , . . . . 241

Dry Dock Company, Simpson's Patent, to incorporate, ... 10

Dudley Indians, Resolves in favor of, . . . . . 692

Dukes County, Commissioners of, to borrow Money, . . . 527

" " Probate Courts of, in addition to Act concerning, . 194

" " Register of Probate for, concerning the Salary of, . 103

Dunham, George and another, to build a Wharf, . . . 432

Duston Monument Association, to incorporate, .... 19

Duxbury, part of, annexed to Kingston, ..... 441

" Plymouth and Kingston, Menhaden Fishery in the Towns of,

to protect, ..... I 455

" AVesleyan Church in, to incorporate Trustees of, . . 480
D wight Manufacturing Company, and Perkins Mills, conceriiing, and to

increase the Capital Stock of the first named, . . . 12

East Boston Free Bridge, in addition to Act incorporating, . . 56
" Bridgewater and HaUfax, dividing line between, established, . 438
'• Harbor, Bridge over, Towns of Truro and Provincetown to con-
struct, ........ 220

•• Walpole Branch Railroad, to extend the time of construction of, . 601
" Woburn Manufacturing Company, name of Etna Furnace Company

changed to, ...... . 459

Eastern Hampden Agricultural Society, to incorporate, ... 88
♦• Northern and Southern Districts, to fix the Salaries of the Dis-
trict-Attorneys of, , . . . . . 559

xxu

INDEX.

Eastern Railroad, concerning the location of, . . . . Page 242

•' llailroad Company, to extend the time of payment of the State

Loan to, . . . . . . . . 553

Eastham, Selectmen of, to build a Bridge across Boat Meadow Kiver, . l-i7
Easton, Jemima, and her Heirs and other Indians of Deep Bottom, Title

of certain Lands in Tisbury confirmed to, . . . . 120

Edgartown, Fishery in, to protect, . . . . . 218

Education, Board of, authorized to appoint Agents, . . . 665

" *> Resolve concerning, .... 682

Educational, Charitable and Religious purposes, Corporations for, relat-
ing to the organization of, . . . . 126

" Charitable and Religious purposes. Organization of Corpo-

rations for, to amend chapter 215 of the Laws of 1856,

relating to, . . . . . . 436

Election of Civil Officers, concerning, ..... 88

" of Civil Officers, in addition to Act concerning, . . 527

•' of Clerks of Courts and other County Officers, concerning, . 98

" of Representatives in Congress, concerning, . . . 145

" of School Committees, providing for, . . . . 619

Elections, relating to, . . . . . . . 775

" of Representatives in the General Court, concerning, . 780

" Returns of, concerning, . . . . . 514

Eliot City Mission Society of Roxbury, to incorporate, . . . 81

" Fire Insurance Company, to hold Real Estate, . . . 443
Embezzlement, in certain cases, examination of persons suspected of, and
relating to accounts of Executors, Administrators

and Guardians, ..... 444

" Crime of, concerning, . . . . . 569

Enlargement of the State House, Resolve relative to, . . . 261

Equalization of Taxes, Act for, ...... 655

Equitable Marine Insiurance Company, concerning, . . . 451

Equity, giving further remedies in, .... . 20

" giving Jurisdiction in, to the Supreme Judicial Court, in addi-
tion to the several Acts, ..... 548

Essex Bridge, to provide for the maintenance of, . . . 615
" County Commissioners of, to lay out and construct a Highway in

the Town of Manchester, . . . . • 119

" County Commissioners of, to lay out a Highway and cause a

Bridge to be built across Bass River, in Beverly, . . 148

" County of. Probate Court established in North Andover, . 3

«« Merrimack Bridge, concerning, ..... 206

♦' Mutual Fire Insurance Company, to continue in force Act incor-
porating, . . . . . . . 418

Estate of Abraham Russell, Resoh'e relating to, . . . 696
" certain Real, of Benjamin P. Homer, deceased, authorizing Sale

of, ........ 665

" certain Real, of the late Ephraim Peabody, J. I. Bowditch, Exec-
utor, authorized to sell, ..... 659

INDEX.

XXlll

Estate of Nahum Capen, Resolve in relation to, . . . . Page 271

" Personal, of Elizabeth Lewis, deceased, Resolve on Petition of

Lydia Y. Dickson, praying that she may receive, . . 290

" Real, of Samuel Davis, deceased, Lucy and George P. Davis,

Executors, authorized to sell, . . . • 671

Estates, Leasehold, in addition to Act relating to, . . . 44, 435

Etna Furnace Company, to change the name and location of, . . 459

Evangelical Baptist Benevolent and Missionary Society, to incorporate, 503

Evasion of the Laws for the suppression of Lotteries, to prevent, . G4

Evidence of Title to Real Pro^jerty obtained under Mortgage Deeds con-
taining power of Sale, to perpetuate, .... 564

Examination of persons suspected of Embezzlement, in certain cases,
and in relation to accounts of Executors, Administrators and
Guardians, ........ 444

Exchange Mutual Insurance Company, Resolve on Petition of, , 680

Execution, Attachment, to exempt certain Articles from, . . 570

" to exempt the Homestead of a Householder from Levy on, 641

" Imprisonment on, relating to, ... . 609

Executions, Stay or Siipersedeas of, in relation to ordering, . . 75

Executive Council and the Legislature and its Officers, Resolve for the

pay of, ........ 687

Executors, Administrators and Guardians, relating to accounts of, and
the examination of persons suspected of Embezzlement,
in certain cases, . . . . . . 444

" who are Residuary Legatees, in relation to form of Bond to

be given by, ...... 456

Exemption of certain Articles from Attachment and Execution, . 570

" of the Homestead of a Householder, from Levy on Execu-
tion, ....... 641

Expenses, certain General, not otherwise provided for, Resolve for pay-
ment of, . . . . . . . 664

" Contingent, of the Council, Legislature and Offices in the

State House, Resolves providing for, , • . 294, 664

" of the Insurance Commissioners, Resolves to provide for, . 292

Extinguishment of the PubHc Debt, relating to, . . . 534

Fairbanks, George O. and others, of Fall River, Resolve on Petition of, 290
Fairhaven Mutual Marine Insurance Company and the Attleborough

Mutual Fire Insurance Company, concerning, . . 453
<• and New Bedford, to prevent Obstructions in the Ferry-way

between, ....... G02

Fall River Athenajum, to incorporate, ..... 60

Fall River, City of, in addition to Act establishing, . . .449, 451

" and Warren Railroad Company, to incorporate, . . 420

" Young Men's Cluristian Association, to incorporate, . 473

False Pretences, concerning the offence of obtaining Property under, . 452

XXIV

INDEX.

Farm Pond Fishing Company, in Edgartown, to incorporate, .

" State, at Westboro', Resolves in favor of, .
Faucet Company, Boston, name of American Lead Works changed to,
Fay, Francis B., John H. Wilkins and H. B. Rogers, Resolve in favor,
Fees, in the Courts of this Commonwealth, to secure Uniformity of,
Female Benevolent Society at South Danvers, to incorporate, .
'< Convicts, in addition to Act relating to, .
" Medical Education Society, to change the name to New England
Female Medical College, and reorganize the same.
Females, Aged, Home for, and Cliildren's Home in Roxbiiry, to incor
porate, .......

Ferry- way between New Bedford and Fairhaven, to prevent Obstruc
tions in, ...... .

Fields, General, concerning, .....

Fines and Forfeitures in Criminal Cases, regvdating the payment of.
Fire Department of the City of Roxbury, relating to, .

« " in the Town of Lynn, in addition to Act establishing.

First Baptist Church, in Woburn, to incorporate,

" '< Society in Lawrence, name of the_ Amesbury Street Bap

tist Society changed to, and their doings legalized,
" »' Society in Southbridge, Resolve on Petition of,
" Congregational Parish, in West Cambridge to enclose their land,
" <« Society, of Winchester, name of South Congi-ega

tional Society, of Woburn, changed to.
Fish, Artificial Propagation of. Resolve concerning,
" in Buzzard's Bay, within the Towns of Sandwich and Wareham

for the preservation of,
" in Merrimack River, for the preservation of,
" Ways at the several Dams on Barker's River, so called, in the

Town of Pembroke, relating to,
" Weirs, to regulate the construction of,
Fisheries, to amend chapter 55 of the Revised Statutes, relating to,
«' in Ipswich River, in addition to the several Acts to protect,
" in Ipswich River, to protect, ....

" in Ipawich River, to protect, in the Towns of Hamilton, Wen

ham, Topsfield, Boxford and Middleton, .
•' on the South Shore and Bays, on the south side of the Town
of Barnstable and District of Marshpee, to protect,
Fishery in the Town of Edgartown, to protect, ...

" Menhaden, in the Towns of Duxbury, Plymouth and Kingston
to protect, . . ...

" in Pleasant Bay, to protect, ....

Fishing Bounty, Cod, Resolves concerning the proposed repeal of.
Fishing Company, Farm Pond, in Edgartown, to incorporate, .

" " Pocha Pond Meadow, in Edgartown, additional to

Act incorporating, ....

Fitchburg Gas Company to supply the inhabitants of Fitchburg with
Water, .....

Page 123

279, 665

678

160

INDEX.

XXV

Fitchburg, the Grand Junction and the Boston and Lowell Railroads,
Bridge at the intersection of, in Somerville,
" Railroad Company, concerning,

" Water for the Inhabitants of, Fitchburg Gas Company author

ized to supply, .....

Five Cents Savings Bank, Boston, to hold Real Estate, .

Fletcher, Thomas J. and others, Indians of Herring Fond, Resolve on

Petition of, .
Foreign Countries, Commissioners of Deeds in. Governor to ajipoint,
Foreign Sumac, Inspection of, to repeal Act providing for,
Forfeitures and Fines in Criminal Cases, regulating the payment of.
Fort Hill Corporation, in addition to Act establisliing, .
Foster, Sarah B., Resolve on Petition of John B. Alley and Francis 0
Watts, Executors, ......

Fourth Congregational Precinct, in Rochester, Act to change the name
of, and for other purposes, .....

Framingham Hotel Company, to incorporate,

" Police Court in, to establish,

" State Normal School-house at, concerning,

Franking Privilege, Cheap Postage, Resolves concerning,

Franklin Savings Bank, in Pawtucket, to incorporate, .

Fraud by the sale Adulterated Milk, to punish, .

Frauds iu Officers of Corporations, and other persons, to punish.

Fraudulent Debtors, Punishment of, and Imprisonment for Debt, to

amend and consolidate the several Acts concerning,

" Sale of Personal Property, leased or hired, to prevent.

Free Bridge Corporation, Hancock, authorized to surrender the West

Boston and Canal Bridges to the City of Cambridge,

«' «' East Boston, in addition to Act incorporating,

" Grammar School, Brimfield, Trustees of, corporate name changed

to Hitchcock Free Grammar School, .

" School, Punchard, in the Town of Andover, in addition to Act

incorporating Trustees of, .

Freeland, Jonathan W., Resolve on Petition of, to sell Real Estate,

Friend, Charles and Nathaniel, to extend their Wharf in Gloucester,

Friend, Joseph and Samuel K., and Frederick Norwood, to extend their

Wharf, .......

Fugitives from Justice, in relation to, .

Funds, Trust, Resolve on Petition of WiUiam Greenleaf to pay over.
Furnace Company, Etna, to change the name and location of.
Furniture and Repairs for the State House, Resolve relative to, .
" for the State House, and Repairs, Resolve concerning,

Page 232
70

113
440

G8G
188
602
466
455

680

46
47
468
280
288
431
130
65

489
504

606

231

39
278
472

120
635
275
459
268
690

Gaming, Billiard Tables and Bowling Alleys, in relation to,
Gardner Library Association, to incorporate,
Gary, John, to extend his Wharf,
4

531
54
57

xxvi INDEX.

Gas Company, Fitchburg, to supply the Inhabitants of Fitchburg with

Water, ...... Page 113

" Lawrence, increase of Capital Stock authorized, . 6

" Maiden and Melrose, in addition to Act incorporating, . 204

" New Bedford, to increase the Capital Stock of, . . 401

•' Roxbury, relating to, . . . . . 485

«' Tremont, to repeal Act incorporating, . . . 156
Gay Head Indians and the Town of Chilmark, boundary line between,

established and confirmed, . . . 120
♦« «' Resolves in favor of, . . . . . 269, 281

" Resolve on Petition of Overseers of, . . . . 672

General Charitable Society of Newburyport, to incorporate, . . 204
*' Court, Door-keepers, Messengers and Pages, Resolve relating to

the compensation of, . . . . 293

" " relating to Applications to, ... . 609

" " relating to compensation of the Door-keepers, Messengers

and Pages, . . . . . . 681

" " Resolve to pubUsh the Act relating to Applications to, . 700
" Expenses, certain, not otherwise provided for. Resolve for the

payment of, . . . . . . . 664

" Fields, concerning, ...... 127

" Government, Massachusetts Claim against, Resolves concerning, 681

♦' Index of Senate Journals, Resolve concerning, . . . 701

" Statutes, Commissioners for the consolidation of. Resolve to pay, 684
Geological Report, Hitchcock's, Resolve providing for the publication

and distribution of, . . . . . . . 694

Gilbert, C. C, W. C. Barstow, B. C. Ward and E. S. Rand, to extend

their Wharf, . . . . . . . . 22, 45

Girls, State Industrial School for, changing the name of the State Reform

School for Girls, to, . . 31
" " " " concerning Donation of Henry B.

Rogers to, ... 649

<« " " " Resolve concerning, . . . 678

'< " *' " Resolve in favor of, . . . 277
« '« ,'< «« and State Reform School for Boys,

relating to support of certain In-
mates of, . . . 84
•' " Reform School for, in addition to Act establishing, . . 33
«' " " " *' name changed to State Industrial School

for Girls, . . . . 31

' «' " Resolve in favor of, . . . 265

*' " '< " " Resolve in favor of John H. Wilkins, H.

B. Rogers and Francis B. Fay, for

services as Commissioners, . 678

Globe Insurance Company in Boston, to incorporate, . . . 24 6

Gloucester, George Lane, a Constable of the Town of, Resolve in favor, 272

Goday, William, Resolve in favor of, . . . . . 281

Goodwin, Samuel J., to build a Wharf, in Swampscott, . . . 443

Gorham, Laura N., Resolve on Petition of, . . . . 682

INDEX. xxvii

Governor's Inaugural Address, ...... 297, 705

Grafton Indians, Resolve on Petition of Charles Brigham, Trustee, . 072
Grammar-school, Brimiield Free, Trustees of, to change the name to the

Hitchcock Free Grammar School, . . . . . 2ol

Grand Junction, the Fitchburg and the Boston and Lowell Railroads,

Bridge in Somerville, at the intersection of, .... 232

Greenfield, William, Resolve on Petition of, to pay over certain Trust

Funds, ........ 275

Groton, part of, annexed to Peppcrell, . . . . . 510

" Probate Court at, changing the time of holding, . . 197
Groveland, i)art of the Town of Boxford annexed to, . . 31
Guardian of the Chapi)cquiddic Indians, and others. Resolve on Peti-
tion of, ........ 2G5

Guardians, Executors, Administrators, relating to accounts of, and the

examination of persons suspected of Embezzlement, in certain cases, 4i4

Halifax and East Bridgewater, dividing line between, established, . 438

Hamilton, Ipswich River Fisheries, in the Town of, to protect, . . 28

Hampden Agricultural Society, Eastern, to incorporate, . . • 88

" County Coiu-ts, Salary of Clerk, established, . . . 620
Hampshire and Hampden Railroad Corporation authorized to extend

their Railroad, . . . . . . lo4

" and Hampden Railroad, to extend and unite, with the Con-
necticut River Railroad, • . . . . 573

" Manufacturers' Bank, to increase the Cajntal Stock of, . 544
•' Mutual Fire Insurance Company, to continue in force Act

incorjwrating, . , . . . . 19

Hancock Free Bridge Corporation authorized to surrender the West

Boston and Canal Bridges to the City of Cambridge, . . 606

Hanover and South Scituate, determining the boundary line between, . 509

" " " Resolves in relation to town lines between, 286

Harbor of Boston, lines in, additional to Act concerning, . . 235 '

" " Mystic River and Dorchester Bay, concerning, . 226

" " to protect, ...... 237

•* " Scientific Survey of, Resolves relative to, . . 264

Harbor, Caj^e Cod, Resolve concerning the preservation of, . . 694
Harbor and City of New Bedford, Jurisdiction over certain Shoals and

Lands in, ceded to the United

States, . . . . 51

•* " " Jurisdiction over certain Shoals and

Lands in, ceded to the United

States, additional Act, . . 473
Hatch, Silas and others, to construct a Cart-Avay in the Town of Fal-

moxith, ........ 444

Haven, A. S., Resolve on Petition of, . . . . • 688

Haverhill Bank, to increase the Capital Stock of, ... 502

XXVlll

INDEX.

Haverliill, Ladies' Charitable Association at, to incorporate,
" Mechanics' Institute, to incorporate, .
" Mutual Fire Insurance Company, to continue in force Act
incorporating, .....

Hayti and Liberia, Resolves respecting, ....

Heirs of the late John Curtis, to extend their Wharf, in Boston,
Herring Pond Indians, Resolve in favor of, .

" " " Resolve in favor of, .

»' " '< Resolve on Petition of Thomas J. Fletcher and

others, ....

Hide and Leather Bank, in Boston, to incorporate,

Highway in Beverly, County Commissioners of Essex to lay out, and

cause a Bridge to be built across Bass River,

'* County Commissioners of Middlesex, to lay out, and construct

a Bridge over Maiden River,
*' County Commissioners of Plymouth, to lay out, and construct

a Bridge over the Weweantitt River,
" in the Town of Manchester, County Commissioners of Essex to
lay out and construct, ....

" in Medford, County Commissioners of Middlesex, to lay out,
and construct a Bridge over Mystic River, in addition to
Act authorizing, .....

" across Mystic River, to extend the time for constructing,

" in Somerset, County Commissionei-s of Bristol to lay out, and

construct a Bridge over Skunk Creek,

Historical Society, Massachusetts, in relation to, .

Hitchcock Free Grammar School, name of the Trustees of the Brimfield

Free Grammar School, changed to, .
Hitchcock's Geological Report, Resolve providing for the publication

and distribution of, .
Holmes, John S., Resolve on Petition of, ...

Holyoke and Willimansett Bridge, to incorporate the Proprietors of.
Home, Children's, and Home for Aged Females, in Roxbury, to incor
porate, ......

" IMutual Fire Insurance Company, to incorporate,
Homer, Benjamin P., deceased, authorizing sale of certain Real Estate
formerly belonging to, .... .

Homestead of a Householder, exempted from Levy on Execution,
Homoeopathic Medical Dispensary, to incorporate,

" «' Society, Massachusetts, to incorporate,

Hopkinton Bank, to increase the Capital Stock of,
Hopland School District, in addition to Act incorporating part of the
Town of Lee into a School District, ....

Hopkins, Abner F., Resolve on Petition of,
Horse-Racing, in addition to Act suppressing.
Horse Railroad, Boston and Chelsea, concerning,

«« " Broadway, in addition to Act incorporating,

" " " concerning, ....

Page 77
41

516
279
62
73, 441
192
549

INDEX. xxix

Horse liailroad, 13 rookline, to incorporate, .... Page 648

" " Dorchester Avenue, in addition to Act incorporating, , 3i, 202
" " " " coucerning, . . . 545
" " " and lloxbury, to incorporate, . . 603
*♦ " Maiden and Melrose, to incorporate, . , . 238
" " Medford and Cliarlestown, in adtlition to Act incorpo-
rating, ...... 406

" '• Middlesex, concerning, ..... o'S, 431

" " Newton, to incorporate, ..... 624

•• " " to incorporate, additional Act, . . 646

♦' " Somerville, to incorporate, .... 600

" " Suffolk, to incorporate, ..... 630

" " "VValtbam and Watertown, concerning, . . . 488

" " West Cambridge, to incorporate, . . . 593

" " West Roxbury, to incorporate, . . . . 116

" " " " in addition to Act incorporating, . 564

" " Western Avenue, to extend the time for constructing, . 16

" " Winnisimmet, to incorporate, .... 559

Horse Railroads, coucerning the Annual Returns of, . . . 574

•' " concerning the Location of, . . . . 535

Horses, relating to Taxation of, . . . . . . 646

Hospital, Boston Lunatic, concerning, ..... 627

" for Insane in Western Massachiisetts, in addition to Act estab-
lishing, . . G28
" '• '• ** to amend Act establish-
ing, . . 628
•• on Rainsford Island, relating to the Inspectors of, . . 598
" '• " Resolve in favor of, . . . 081
" State Lunatic, at Northampton, Resolve in aid of, . . 699
" " ♦' at Taunton, Resolve in favor of, . . 098
Hospitals, State Lunatic, establisliing Boards of Trustees for, and in addi-
tion to the Acts concerning Lunatic Hospitals, 1 60
" " " relating to appointment of Trustees of, . 16
'* " " relating to persons committed to, not having a

known settlement in tlie Commonwealth, 544

" " at Rainsford Island and Taunton, Resolve in aid of, . 275
Hotel, City, in Worcester, in addition to Act incorporating Proprietors

of, ........ 102

•' Company, American, in the North Village in Adams, to incorpo-
rate, ...... 82

" '♦ Brookline, to incorporate, .... 200

" " Framingham, to incorporate, .... 47

" " Northampton, to incorporate, .... 193

" '* Oxford, to incorporate, ..... 85

•' " South Reading, to incorporate, . . . . 115

" " United States, at Lawrence, to incori)orate, . . 433
Houghton, Samuel, Agent of the Proprietors of Roxbury, Maine, Resolve

on Petition of, ,,.... . 660

XXX

INDEX.

Housatonic Bank, to increase the Capital Stock of,
House Company, Williams, to incorporate,

«' of Correction, County Commissioners of Bristol to borrow Money

either to repair or build,
" " and Jail in the County of Plymouth, relative to,

" of Kepresentatives, late Acting- Clerk of, Resolve in favor of,
" " Council and Senate, Kesolves providing for

the pay of, . . .

" '♦ Journals and Papers of. Resolve concerning,

" " Resolves to complete the Index to the Jour

nals and Catalogue of the Papers,
" " Resolve for the pay of the Chaplain, .

Householder, Homestead of, exempted from Levy on Execution,
Houses of Correction, Overseers of, and Keepers of Jails, to secure

Returns from, .....

Howard Society, Ladies', of Nantucket, to incorporate, .
Huntington, Pitcher's Bridge in, relating to,

" Resolve in favor of the Town of, .

Hurd, Joseph, Resolve in relation'; to the Will of.
Husband and Wife, concerning, ...

Page 540

224

661

289
262, 270

663
697
641

636
147
471
662
691
60

Ice Company, Silver Lake, to change the name of the Plymptou Branch

Railroad Company to, .... .

Ice and Snow, relative to removal of, from Sidewalks of Cities,
Idiotic Children, Resolve concerning, ....
Idiots and Lunatics, relating to, .
Idle and Disorderly Persons, concerning.
Imprisonment for Debt and the Punishment of Fraudulent Debtors, to
amend and consolidate the several Acts concerning,
«' on Execution, relating to, ...

Inaugural Address of the Governor, ....
Indenture concerning the Back Bay, to confirm, .
Independent Benevolent Society in Newburyport, to incorporate.
Index to the Journals and Catalogue of the Papers of the House of
Representatives, Resolve to complete,
" of Senate Journals, Resolve concerning, .
Indexing of Deeds, concerning, .....
•• of Deeds, in addition to Act concerning,
" of Deeds, to amend Act concerning, .
India Fire and Marine Insurance Company, to incorporate,

" Wharf, Proprietors of, in addition to Act incorporating, .
Indians, Chappequiddic and others. Resolve on Petition of Guardian of,
" Christiantow^n and Chappequiddic, Resolve in aid of, .
" of Deep Bottom, to confirm the title of certain I^ands in Tis

bury to Jemima Easton, her Heirs, and others,
'• Dudley, Resolves in favor of, ....

442

702

108

489
609
297, 705
514
124

663
701
225
624
428
514
464
265
675

120
692

INDEX.

XXXI

Indians, of Gay Head and the Town of Chilmark, boundary line be
tween, established and confirmed, .
" of Gay Head, Resolve in favor of, .
" Gay Head, Resolve on Petition of the Overseers of,
" Grafton, Resolve on Petition of Charles Brigham, Trustee,
" Herring Pond, Resolve in favor of, .
" Herring Pond, Resolve on Petition of Thomas J. Fletcher and
others, ......

'* Troy, Resolve in aid of , .
Industrial School for Girls, and the Reform School for Boys, State, re

lating to support of certain Inmates of,
" " " State, to change the name of the State Re

form School for Girls, to,
" " " State, concerning Donation of Henry B

Rogers, ....

" " •' State, Resolve concerning, .

" " " State, Resolve in favor of, .

Information, Official, Resolves authorizing Publication of Laws,
Inhabitants of the Commonwealth, and Legal Voters, Act for taking the

Census of, .
Inland Mutual Insurance Company, Boston, to incorporate.
Insane Convicts, in addition to Act for the removal of, from the State
Prison, ......

" Hospital for, in "Western Massachusetts, in addition to Act estab
lishing, .....

" " for, in Western Massachusetts, to amend Act estab

lishing, .....

" Married Women, authorizing release of Dower in behalf of,
" Persons in the City of Boston, concerning,
Insolvency Courts, Salaries of Judges and Registers established.
Insolvent Debtor, new promise in writing required of, after his discharge,
•' Debtors, in addition to the several Acts for the relief of, and

the more equal Distribution of their Effects,
«« " Assignment and Distribution of the Property of

Act of 1836 repealed,
" " in relation to, ...

Inspection of Foreign Sumac, to repeal Act providing for,
Inspectors of the Hospital on Rainsford Island, relating to.
Institute Association, South Berkshire, to incorporate, .
" Haverhill Mechanics', to incorporate, .
" Roxbury, to incorporate,

" Webster, in the City of Cambridge, to incorporate.
Institution for Savings, Springfield, relating to, .
Institutions, Public, for the City of Boston and County of Suffolk, to

estabUsh a Board of Directors of, .
Instxrance Commissioners, Board of, Resolve in favor,

" " Expenses of, Resolves to provide for,

" Companies, concerning, ....

Page 120

209, 281

672

203, 070

080
071

84
^ 31

549

678
277
606

439
114

628

647

621

207

191

502

598

193

431

426
700
292
163

xxxii INDEX.

Insurance Companies, in addition to Act concerning, . . . Page COO

" " Mutual Fire, to repeal Act incorporating Towns

and Cities into, at their election, . . 502

" Company, Abington Mutual Fire, to incorporate, . . 123

" <' Artisans', to incorporate, .... 597

" " Attleborough Mutual Fire, and the Fairliaven

Mutual Marine, concerning, . . . 453

•' " Berkshire Mutual Fire, in addition to Act incor-

porating, . . . . . 404

•' " Boston Inland Mutual, to incorporate, . . 114

" •' Bowdoin Mutual Fire, to incorporate, . . 220

" " City Fire, name of Cochituate Fire Insvirance Com-

pany of Boston changed to, ... 4

«♦ " Cochituate Fire, of Boston, to change the name of, 4

" " Danvers Mutual Fire, to continue in force Act in-

corporating, and to change the name to the
South Danvers Mutual Fire Insurance Com-
pany, ...... 22

" " Eliot Fire, to hold Real Estate, . . . UP>

" •' Equitable Marine, concerning, . . . 451

*• " Essex Mutual Fire, to continue in force Act incor-

porating, . . . . . 418

" " Exchange Mutual, Resolve on Petition of, . 080

" " Fairhaven Mutual Marine, and the Attleborough

Mutual Fire, concerning, . . . 453

" " Globe, in Boston, to incorporate, . . . 246

" " Hampshire Mutual Fire, to continue in force Act

incorporating, . . . . . 19

«« " Haverhill Mutual Fire, to continue in force Act

incorporating, ..... 8

" " Home Mutual Fire, to incorporate, . . 6

" " India Fire and Marine, to incorporate, . . 514

" " Lowell Mutual Fire, to continue in force Act in-

corporating, . . . . . 462

" " ■ Lynn Mutual Fire, to continue in force Act incor-

porating, . . . . . 12

" " Massasoit, to incorporate, . . . . 424

" " Merchants' Mutual Marine, to incorporate, . 402

" " Monnamoiet, to incorporate, . . . 434

" " New England Railroad Mutual Fire, to incorporate, 29

" " New England Railroad Mutual Fire, in addition

to Act incorporating, . . . . 551

" " Newburyport Mutual Fire, to continue in force

Act incorporating, .... 400

" " Pacific Mutual, to^incorporate, . . . 41

" " Quincy Fire and Marine, in addition to Act incor-

porating, . . . . . 467

" *' Railroad Mutual Fire, surrender of Charter, to

accept, ...... 29

INDEX. xxxiii

Insurance Company, Salem Marine, to incorporate, • . . Page 5
" " South Danvers Mutual Fire, name of Danvers Mu-
tual Fire Insurance Company changed to, . 22
" " Tremont, Act continuing, .... .*?

Inundation, Proprietors of certain Lands in Northampton enabled to

protect the same against, . . . . . . 157

Ipswich River, Fisheries in, in addition to the several Acts to protect, . 161

" " Fisheries in, to protect, ..... 9

" " Fisheries in, to protect, in the Towns of Hamilton, Wen-
ham, Topsfield, Boxford and Middleton, . . 28
Iron Company, Mo\int Hope, to increase the Cajjital Stock of, . . 513

Jail and House of Correction in the County of Plymouth, relative to, . 80

Jails and Houses of Correction, to secure Returns from Keepers and

Overseers of, . . . .... GSC>

Jamaica Plain Athena>um, to incorporate, .... f).'?

" Pond Aqueduct Corporation, to incorporate, . . . 48 1

Jenkins, Clem, Resolve on Petition of, for leave to inherit certain Real

Estate, ........ 277

Jenks, Samuel H., Resolve in favor of, . . . . . (599

Jennings, Calvin, and J. S. Montague, Resolve on Petition of, . . GG?>

Jennison, Samuel, Jr., Guardian, Resolve on Petition of, . . 267

John Hancock Bank, to amend the Charter of, . , . . 418

Johnson, William G., to build a Wharf, in Rowley, . . . 419

Joint Stock Companies, in addition to an Act relating to, and for other

purposes, ..... 623

** " " to amend chajiter 478 of the Acts of 1855, con-

cerning, ..... 419

Jones, Ralph K., Resolve in favor of, . . . . . 673

Journal Newspaper Company, to incorporate, . . . , 536

Journals, Index to, and Catalogue of the Papers of the House of Rep-
resentatives, Resoh'e to complete, . , . 663
*< and Papers of the House of Representatives, Resolve con-
cerning, ....... 262, 270

" and Papers of the Senate, Resolve concerning, . . 294

" Senate, Resolve concerning General Index of, . . 701

Judges of Probate, in addition to Act concerning, . . . 195

" and Registers of Courts of Insolvency, establishing Salaries of, . 621

Jurisdiction over certain Lands on Billingsgate Island, ceded to the

United States, . . . . . . 472

" over certain Lands and Shoals in tlie City and Harbor of

New Bedford, to cede to the United States, and for
other purposes, . . . . . . 51

" over certain Lands and Shoals in the City and Harbor of

New Bedford, ceded to the United States, additional
Act, ....... 473

xxxiv INDEX.

Jiirifiiliction in Equity, in addition to the several Acts giving to the

Supreme Judicial Court, .... Page 548

'< of Justices of the Peace, concerning, ... 84

♦< of Police Courts, concerning, .... 505

" of the Suprenae Judicial Court, in relation to, . . 443

Jurors, Lists of, relating to, ..... . 6G

Justices of the Peace, Jiuisdiction of, concerning, . ■ . . 84
<' " " and Police Courts, relating to return of Writs in

Civil Actions before, .... 48

" of the Supreme Judicial Court, Salaries of, to establish, . 7

Kane, Elisha Kent, Resolves in relation to the recent deatli of, . . 659

Kansas Company, Boston, to incorporate, .... 405

" Territory of, Resolves in relation to, . . . . 286

Keepers of Jails and Overseers of Houses of Correction, to secure Re-
turns from, ........ C36

Kingston, Duxbury and Plymouth, Menhaden Fishery in the Towns of,

to protect, ...... 455

" part of Duxbury annexed to, . . . . . 441

Knowlton, James A., to drive Piles on Elaney's Beach, in Swampscott, 458

Ladies' Benevolent Society of Newbury, to incorporate, . . 129

•' Charitable Association at Haverhill, to incorporate, . . 77

" Howard Society, of Nantucket, to incorporate, . . . 147

Lagoon Pond Company, in Dukes County, to incorporate, . . 455

Lamb, Edward, Resolve in favor of, . . . . . 664

Lancaster, State Industrial School for Girls at, . . . . 678

Ivand taken for Public Ways, relating to, . . . . 481

I^/ands in the Back Bay, Resolves in relation to, . . . . 284

" certain, on Billingsgate Island, Jurisdiction ceded to the United

States, ....... 472

" certain, in Northampton, Proprietors of, enabled to protect the

same against Inundation, . . 157
" «' " Treasurer to relea.se and quitclaim to

Enos Clark, Jr. ... 274

" Low, concerning the Draining of, . . . . . 637

" mortgaged to the Commonwealth, in relation to, . . . 35

" Parsonage, of the Second Parifsh in West Newbury, concerning, 620
•' and Shoals in the City and Harbor of New Bedford, to cede to the

United States Jurisdiction over, and for other purposes, . 51
" and Shoals in the City and Harbor of New Bedford, in addition

to Act ceding Jurisdiction to the United States, . . 473
♦* in the State of Maine, further to postpone the operation of chapter

53 of Resolves of 1855, concerning, .... 273

'< in Tisbury, certain, to confirm the title of, to Jemima Easton and

her Heirs, and other Indians of Deep Bottom, . . 120

INDEX. XXXV

Lane, George, a constable of the Town of Gloucester, Resolve in favor

of, ........ . Page 272

Lanesborough, authorizing removal from, of the Office of Kegister of

Deeds for the Northern District of Berkshire, . . . 474
Law Library Associations, in further addition to Act relating to, . 37, 107
Laws, and Official Information, Resolves authorizing the publication of, 666
•' for the suppression of Lotteries, to prevent the evasion of, . 64
" State, Resolve concerning the publication of, . . . 292
Lawrence Bridge, in addition to Act incorporating the Proprietors of, . 419
" First Baptist Society in, name of the Amesbury Street Bap-
tist Society changed to, and their doings legalized, . 237
" Gas Company, increase of Capital Stock authorized, . . 6
Lead Works, American, to change the name of, .... .5

Leasehold Estates, in addition to Act relating to, . . ,44,435

Lebanon Springs Aqueduct Company, in aid of, ... 155

" " Railroad, extending the time for construction of, . 403

Lee Bank, to increase the Capital Stock of, ... . 547

" and New Salem, Resolve in favor of the Towns of, . . . 700
•' part of, incorporated into a School District by the name of the Hop-

land School District, additional Act, . . . . 516

Leeds, James, Resolve on Petition of, . . . . . 680

Legal Voters and Inhabitants of the Commonwealth, Act for taking the

Census of, . . . . ■• . . , . 439

Legatees, Residuary, relative to form of Bond to be given by Executors

who are, ........ 456

Legislature, Chaplains of, Resolve in behalf, . . . . 678, 785

•' Clerks, Door-keepers and Messengers, Resolve for the pay of, 785

•• concerning Appointment of Members of, to certain Officers, 529

" of Connecticut, Resolve in relation to certain Resolutions of, 292
•' Council, and Offices in the State House, Resolves providing

for Contingent Expenses of, . . . . 294, 664

" limiting the Sessions of, Resolve to amend the Constitution

relative to, ...... 703

" Messengers and Pages of the two branches. Resolve con-
cerning the pay of, . . . . . 272

" and its Officers, Executive Council, Resolves for tlie pay of, 687

" and its Officers, Resolve for the pay of, monthly, . . 257, 657

Lenox Water Company, to incorporate, ..... 540

Levy on Execution, Homestead of a Householder exempted from, . 641
Lewis, Elizabeth, deceased, Personal Estate of. Resolve on Petition of

Lydia V. Dickson, praying that she may receive, . . . 290

Libels for Divorce, in relation to trial of, .... 602

Liberia and Hayti, Resolves respecting, ..... 689

Liberty Hall Association, Directors of, to purchase and hold additional

Real Estate, . . . . . . . . 116

Library Association, Chebacco, to incorporate, . . . . 81

" «« Congregational of Boston, to hold additional Real

and Personal Estate, , . , , . • 71

XXXVl

INDEX.

Library Association, Gardner, to incorporate, .... Page 64

«' " Lynn, in addition to Act incorporating, . . 125

" '• Mercantile, in addition to Act incorporating, . 24
«« '< Young Men's, of Worcester, in addition to Act

incorporating, . ... . . . 26

•• Associations, Law, in further addition to Act relating to, . 37, 107

" Aster, Resolve in favor of, . . . . . 259

•« Plymouth, to incorporate, ..... 196

" Public, in the City of Boston, relating to, . . . 404

'« State, Resolve in relation to, . . . . . 265

" " Resolves in aid of, . . . . • . 679

Limiting the Sessions of the Legislature, Resolve to Amend the Consti-

tion, relative to, ...... . 703

Lincoln Wharf Company, to incorporate, .... 452

Lines in Boston Harbor, in addition to Act concerning, . . . 235
Liquors, Spirituous, concerning Purchase and Sale of, by City and Town

Agents, ........ 638

Lists of Jurors, relating to, ..... . 66

Literary Association, Bowdoin, of Dorchester, to incorporate, . . 23

Littleton, Registry of Deeds in the Town of, concerning, . . 61

Livingston, E. R. and others. Resolve on Petition of, . . . 662

Loan Fund Associations, concerning, ..... 434

«' State, to the Eastern Railroad Company, extending the time of

payment, ....... 653

•• State, to the Norwich and Worcester Railroad Company, in further

addition to Act extending the time of, . . . 696

Location of Horse Railroads, concerning, .... 535

Lotteries, to prevent the evasion of the Laws for the suppression of, . 64
Low, David, to extend the Wharf belonging to the Heirs of George

Parkhurst, deceased, . . . . . . . 112

Low, John v., late Assistant-Messenger to the Governor and Council,

Resolve in favor of the Widow of, . . . • . 260

Low Lands, concerning the Draining of, . . . . ■ 637

Lowell, additional Branch Track of the Boston and Lowell Railroad

Company, authorized in the City of, ... 68
" Branch Track in, extending time for the construction of, by the

Boston and Lowell Railroad Company, . . . 64 1

" Charter of the City of, to amend, . . . . 1'21

" Mutual Fire Insurance Company, to continue in force Act incor-
porating, ....... 462

" Police Court in, concerning, . . . . . 614

Lucas and Mayberry, Resolve in favor of, .... 673

Lunatic Hospital, Boston, concerning, ..... 627

" <• State, at Northampton, Resolve in aid of, . . 699
'< " "at Taunton, Resolve in favor of . . 698
" Hospitals, State, establishing Boards of Trustees for, and in addi-
tion to Acts concerning Lunatic Hospitals, .... 160

INDEX.

XXX Vll

Lunatic Hospitals, State, relating to appointment of Trustees of, , . Page 16

" " 8tate, relating to Persons committed to, not having a

known settlement in the Commonwealth, .... 514

Lunatics and Idiots, relating to, . . . . . . 56

Lynn, Assessment of Taxes, in 1853 and 1854, in relation to, . . 82
" Fire Department, in addition to Act establishing, . . 90
" liibrary Association, in addition to Act incorporating, . . 125
'• Mechanics' Bank, to increase the Capital Stock of, . . 551
" Mutual Fire Insurance Company, to continue in force Act incor-
porating, . . . . . . . . 12

Lynnfield and North Reading, to change the boundary hue between, . 672

Macomber, Perry G., to plant Oysters in Pocasset,

Maine, Lands in the State of, further to postpone the operation of chap

tcr 53, of Resolves of 1855, relating to, .
Maintenance of Bastard Children, concerning cases arising under chapter
49 of the Revised Statutes, .....

Maiden Bank, to increase the Capital Stock of, ,

" and Melrose Gas Light Company, in addition to Act incorpo
rating, ......

•* and Melrose Railroad Company, to incorporate, .
" River, Bridge over. County Commissioners of Middlesex to lay
out a Highway and construct,
Manchester, Highway in the Town of. County Commissioners of Essex
to lay out and construct, .....

Manufacturing Company, Beaman, authorized to increase their Capital
Stock, ....

•• '• Belvidere Woolen, in addition to Act incor

porating, ....

•• '• Cutting Machine, in addition to Act incorpo

rating, ....

•« •' D wight and Perkins Mills, concerning, Capi

tal Stock of the former increased,
'« " East Woburn, name of Etna Furnace Com-

pany changed to, .
" " Nashawannuck, to increase the Capital Stock

of, ....

" " S. P. Ruggles Power Press, in addition to Act

incorporating,
" " United States Chemical, authorized to changi

their name and location, .
Maj), State, Resolves in relation to, ... .

Maple Street Church and Society, in Danvers, name of the Third Ortho

dox Congregational Society, changed to, .
Margaret Coffin Prayer Book Society, to incorporate certain persons by
the name of, . . , , ,

507

273

646
499

204
238

42
119

11
402
108

459

401

103

38
693

467

xxxviii INDEX.

Marine Railway, Parker, Joseph B. and Elias Burnham, authorized to

extend, ....... Page 31

" Telegraph Companj', Boston and Cape Cod, to incorporate, . 63
Mariners and Ship-Owners, to protect, from imposition, . . 487
Marion, Congregational Church and Society in, name of Fourth Congre-
gational Precinct, in Kochester, changed to, . . . . 46

Marriage, Banns of, in addition to Act relating to, . . . 425
Married Women who are Insane, authorizing release of Dower in behalf

of, ...... . 94

♦' " Property of, in addition to Act to protect, . . 598

Marsh, Henry A., Kesolve in favor of, . . . . . 257

'< u >i Resolve relative to the pay of, . . . 291

Marshpee, District of, in addition to Act establishing, . . . 219
«• <• of, to protect the Fisheries on the South Shore and

Bays, on the south side of the Town of Barnstable, 125

•' Selectmen of, Resolves on Petition of, . . . 261
Mason, Cyrus and Hannah P., and William Sohier, Resolve on Petition

of 267

Massachusetts Claim against the General Government, Resolves con-
cerning, . . . . . . 681

" Convention of 1788, Resolve relating to, . . . 259

•• <• " additional Resolve, . . . 204

" Historical Society, in relation to, . . . . 430

" Homoeopathic Medical Society, to incorporate, . . 162
" and New Plymouth Colony Records, in addition to Re-
solve concerning, ..... 700

" and New Plymouth Colony Records, Resolves concern-

ing, .......

«• Peat Coal Company, to incorporate, . . . 601
" Records, Resolve relating to, .... 260,291

" School of Agriculture, to incorporate, . . . 152

'< Sabbath School Society, in addition to Act incorporating, 425

" State Teachers' Association, Resolve in favor of, . . 673

M assasoit Insurance Company, to incorporate, . . . . 424

Mattapoisett, Town of, to incorporate, . . . . . 637

Maverick Bank, in East Boston, in addition to Act incorporating, . 33

Mayberry, and Lucas, Resolve in favor of, . . . • 673

McKay, Donald, to build a Wharf, ..... 236

Mechanic Hall Corporation, Salem, in addition to Act incorporating, . 627
Mechanics' Association, Worcester County, in addition to Act incorpo-
rating, . . . . . ■ • 111

" Bank, in New Bedford, to increase the Capital Stock of, . 612
'• Institute, Haverhill, to incorporate, . . . • 41
Medford and Charlestown Railroad Company, in addition to Act incor-
porating, ........ 406

Medical College, New England Female, name of the Female Medical

Education Society changed to, and the same reorganized, . 1 15

•' Dispensary, Homoeopathic, to incorporate, . . . 112

701

INDEX.

XXXIX

Medical Education Society, Female, to change the name to New England

Female Medical College, and to reorganize the same, . Page 115

" Society, Massachusetts Homoeopathie, to incorporate, . . 162

Members of the Legislature, concerning Appointment of, to certain

Offices, ........ 529

Menhaden Fishery in the Towns of Duxbury, Plymouth and Kingston,

to protect, ........ 455

Mercantile Library Association, in addition to Act incorporating, . 24

Merchants' Mutual Marine Insurance Company, to incorporate, . 402

Merrimack Bridge, Essex, concerning, ..... 206

" River, Bridge over, between Dracut and Chelmsford, to repeal

part of an Act in addition to Act incorporating
certain persons for the purpose of building, . 642

" " Fish in, for the preservation of, . . , 221

Messages, Special, ....... 317, 735

Messenger to the Governor and Covmcil, Assistant, Resolve in favor of

the Widow of John V. Low, deceased, .... 200

Messengers, Clerks and Door-keepers of the Legislature, Resolve for

the pay of, ..... . 785

" Pages and Door-keepers of the General Court, Resolve re-

lating to compensation of, .... 293,081

" and Pages of the two branches of the Legislature, Resolve

concerning the pay of, . . . . . 272

Methodist Episcopal Church Camp-Meeting Association, Worcester

District, Trustees of, incorporated, . . 01

'« " Church Camp-Meeting Association, Worcester

District, to change the name to Sterling
Camp-Meeting Association, . . . 479

«• " Churches, African, concerning Trustees of, . 433

Middle District, Attorney, in relation to the Salary of, . . . 161

Middleborough, Probate Court in, time of holding, changed, . . 64

Middlesex, County Commissioners to lay out a Highway and construct

a Bridge over Maiden River, . . . . 42

«' County Commissioners to lay out a Highway and construct a

Bridge over Mystic River, in Medford, in addition to
Act authorizing, . , . . . 40 1

" County Commissioners, September Meeting of, to change the

place of holding, ..... 427

" County, Probate Court, to establish the Terms of, . . 451

" Court of Common Pleas for the County of, relating to, . 90

" Northern District of, relating to the Registry of Deeds for, . 189

" Probate Court at Groton, in the County of, changing the

time of holding, . . . . . . 197

" Railroad Company, concerning, . . . . 53, 431

Middleton, Ipswich River Fisheries in tlie Town of, to protect, . . 28

Milford Police Court, in addition to Act establishing, . . . 193

'< •' " concerning, ..... 012

" and Woonsocket Railroad Company, concerning, . . 463

INDEX.

Militia, concerning, . * .

Milk, Adulterated, to punish Fraud by sale of, .
Mill Corporation, Boston and Roxbiu-y, concerning,
" Pemberton, to increase the Capital Stock of, . .

" and lleservoir Dams, in addition to Act relating to,
Millbury Bank, to increase the Capital Stock of,

" and Southbridge Railroad Company, concerning,
" and Southbridge Railroad, to extend the time for the construe
tion of, ...... .

"Miller, Benjamin W., to plant Oysters in Taunton Great River, in addi
tion to certain Acts authorizing, ....

Miller's River Bank, in Athol, to increase the Capital Stock of.
Mills, Perkins and Dwight Manufacturing Company, concerning, and
to increase the Capital Stock of the latter,
<' Salisbury, to incorporate, .....

Minor Children whose Parents are living separate, respecting the custo
dy of, . . . . . . .

Mission Park Association, to incorporate,

" Society, Ehot City, of Roxbury, to incorporate,
Missionary Society, Evangelical Baptist Benevolent, to incorporate,
Money, Treasurer to borrow, in anticipation of the Revenue,

«' Treasurer to borrow, in anticipation of the State Tax, .
Monnamoiet Insurance Company, to incorporate,
Monson, State Almshouse at, Resolve relating to,
Montague, J. S., and Calvin Jennings, Resolve on Petition of, .
Monument Association, Duston, to incorporate, .
Morey, George, Resolve on Petition of, .

'< Sherburn P., Resolve on Petition of, .
Mortgage Deeds containing Power of Sale, to perpetuate Evidence of

Title to Real Property obtained under.
Mortgaged Lands, (to the Commonwealth,) in relation to,
Mortgages, in addition to Act relating to, . . .

<< of Personal Property, in addition to Act concerning,

" Railroad, relating to Trustees under,

Mount Hope Iron Company, to increase the Capital Stock of, ,
Mount Wollaston Bank, in Quincy, to increase the Capital Stock of,

" Washington Avenue Corporation, in addition to Act establishing,

Muddy River, "Ways across, Commissioners of Norfolk County and

others to lay out, .......

Municipal Records, for the better preservation of, . . .

Mnssey, Benjamin B., deceased, Resolve on Petition of Sidney Bartlett,

Executor, ........

Mutual Fire Insurance Companies, to repeal Act incorporating Towns
and Cities into, at their election,
«' « " Company, Abington, to incorporate,

" " " " Attleborough, and the Fairhaven

" Marine Insurance Company, concerning,

Page 647
130
106
432
509
192
423

45
519

14
401

81
503
258,658
279, 698
434
681
663

19
686
272

664
35
464
101
620
643
622
500

463
461

676

602
123

453

INDEX. xli

Mutual Fire Insurance Company, Berkshire, in addition to Act incor-
porating, . . . Page 404
«i << << << Bowdoin, to incorporate, . . 220
<i I' >• " Danvers, to continue in force Act in-
corporating, and to change the
name to the South Danvers Mu-
tual Fire Insurance Company, . 22
<i " '• " Essex, to continue in force Act incor-
porating, . . . 418
« •> <« " Hampshire, to continue in force Act

incorporating, . . . 19

«< «< << <' Haverhill, to continue in force Act

incorporating, ... 8

»< «' •' " Home, to incorporate, . . t)

<t «' " " Lowell, to continue in force Act in-

corporating, . . . 402

<< X " •' I^ynn, to continue in force Act in-

corporating, . . . 12

<< '■• '* <' New England Railroad, to incorpo-

rate, .... 20

" «' '< " New England Railroad, in addition to

Act incorporating, . . 551

" " «' <' Newburyi^ort, to continue in force

Act incorporating, . . 400

«< «• •' «« Railroad, to accept the surrender of

Charter, .... 29

•< " «« «< South Danvers, name of Danvers

Mutual Fire Insurance Company
changed to, . . . 22

" Insurance Comimny, Boston Inland, to incorporate, . . 114

»< " «' Exchange, Resolve on Petition of, . C80

" «' " Pacific, 10 incorporate, . . . 41

" Marine Insurance Company, Fairhaven, and the Attleborough

Mutual Fire Insurance Com-
pany, concerning, . . 453
" " " " Merchants', to incorporate, . 402
Mutual Redemption, Bank of, in addition to Act incorporating, . 67, 535
Mystic River, Bridge over. County Commissioners of Middlesex to lay
out a Highwaj' and construct, in addition to Act
authorizing, ...... 461

" " Dorchester Bay and the Harbor of Boston, concerning, . 226

" " Highwaj' across, to extend the time for constructing, . 9

" " Railroad, extending time for location and construction of, 457

xlii INDEX.

Names, Change of, ...... . 219, 787

Nantucket Agricultural Society, to incorporate, . . . . 15

" Ijadies' Howard Society of, to incoriwrate, . . . 147

" Propeller Company, to incorporate, . . . . 129

Nasliawannuck Manufacturing Company, to increase the Capital Stock of, 401

Naturalization, respecting, ...... 25

Navigation Company, Charles River to incorporate, . . . 437

Neglected and Destitute Children, authorizing removal to Almshouses,

by Overseers of the Poor, ...... 503

Neponsct Bridge and Braintree and Weymouth Turnpike, concerning, . 556

New Bedford, certain Lands and Shoals in the City and Harbor of, to
cede to the United States Jurisdiction over, and for
other purposes, . . . . . 51

" " certain liands and Shoals in the City and Harbor of, in
addition to Act ceding to the United States, Jurisdic-
tion over, ...... 473

" " City of, in addition to Act establishing, . . . 897

" " and Fairhaven, Ferry- way between, to prevent Obstruc-
tions in, ...... 602

" " Gas Light Company, to increase the Capital Stock of, . 401

New England Female Medical College, name of the Female Medical
Education Society changed to, and the same reor-
ganized, . . . . . . 115

" •' Railroad Mutual Fire Insurance Company, to incorpo-

rate, ....... 29

•• <« Railroad Mutual Fire Insurance Company, in addition to

Act incorporating, . . . . . 551

" " School of Design for Women, Resolve in aid of, . 291

" " School of Design for Women, additional Resolve in aid of, 293

New Plymouth and Massachusetts Colony Records, in addition to Re-
solve concerning, ..... 700

*' " and Massachusetts Colony Records, Resolve concerning, 701

New Salem and Lee, Resolve in favor of the Towns of, . . . 700

New York and Boston and the Charles River Railroad Companies, con-
firming the Union of, and extending the time for locating
and constructing the same, .... 153

•' "^ and Boston Railroad, to extend the time for locating and

constructing, ...... 428

Newbury, Ladies' Benevolent Society, to incorporate, . . . 129

" Overseers of the Poor of the Town of. Resolve on Petition, . 262

Newburyport, General Charitable Society of, to incorporate, . . 204

" Mutual Fire Insurance Company, to continue in force

Act incorporating, ..... 400

•' Railroad Company to construct a Branch Railroad, in

addition to Act authorizing, .... 45

Newspaper Company, Journal, to incorporate, .... 636

INDEX. xliii

Newton Railroad Company, to incorporate, .... Page 024

'* " " to incorporate, additional Act, . . 646

Norfolk and Bristol Turnpike Corporation, concerning, ... 53

•* County Coiuraissioncrs autVorized to construct a Bridge across

the Boston and New York Central
Railroad, in Dorchester, . . 39

" " " and others, to lay out Ways across

Muddy River, . . . 463

Normal School, at Bridgewater, Nicholas Tillinghast, late Principal,

Resolve in favor of the Widow and Child of, . . 2S0

" School-houses, State, at Bridgewater, Westfield, Franiingliaiu

and Salem, Resolves concerning, .... 280

" Schools and School Agents, Resolve in addition to Resolves of

1855, in favor of, . . . . . 694

" *• State, Resolves concerning, . . . . 691

Norris, Shaw, to build a Wharf, ..... .38

North American Depot and Wharf Company, to incorporate, . . oil

" Andover, County of Essex, establishing a Probate Court in, . 3

" Bridgewater, County of Plymouth, establishing Probate C'ourt
in, and changing the time of holding the Probate Court at
Middleborough, ...... 64

'• Chelsea, Beaches in, to amend Act concerning, . . . 447

" Reading and Lynniield, to change the boundary line between, . 572

Northampton, certain Lands in, Treasurer to release and quitclaim to

Enos Clark, Jr., . . . . . 274

" Hotel Company, to incorporate, . . . . 193

" Proprietors of certain Lands in, enabled to protect the

same against Inundation, . . . . 157

" State Lunatic Hospital at, Resolve in aid of, . . 699

Northbridge and Uxbridge, line between, changed, ... 80

Northern District of Berkshire, authorizing removal of t!ie OfHce of

" District of Middlesex, relating to the Registry of Deeds for, . 189

" Eastern and Southern Districts, to iix the Salaries of the Dis-
trict-Attorneys of, .... . 559

Norwich and Worcester Railroad Company, State Loan to, in further

addition to Act extending the time of, . . . . 596

Norwood, Frederick, and Joseph and Samuel K. Friend, to extend their

Wharf, ........ 120

Notes given by the Treasurer, Resolve concerning, . . . 699

" payable on demand, in addition to Act concerning, . . 530

Oak Grove Cemetery, Proprietors of, to incori)orate,

Oaths and Affirmations, County Commissioners authorized to adminie

ter 28

Observance of the Birthday of Washington, Resolves relative to, . 258

«• of Certain Days, concerning, .... 59

XllV

INDEX.

Obstructions in the Ferry-way between New Bedford and Fairhaven, to
prevent, .......

Obtaining Property under false pretences, concerning the offence of.
Office of the Attorney-General, Resolves concerning,

»• of the Register of Deeds for the Northern District of Berkshire
authorizing removal from Lanesborough to Adams, .
Officers, certain Public, in addition to Act establishing the Salaries of,
" Civil, concerning the Election of, . . .

•• " Election of, in addition to Act concerning,

" of Coriiorations and other persons, to punish Frauds in,
" County, and Clerks of Courts, concerning the Election of,
" Legislature, and the Executive Council, Resolves for the pay of,
•' of the Legislature, and the Legislature, Resolve for the pay of,

monthly, , . .

" of the State Prison, certain, relating to Salaries of, . .

" Town, repeal of chapter 283 of 1853, relating to.
Offices, certain, concerning Appointment of Members of the Legislature
to, . . . . . . . .

" in the State House, Council and Legislature, Resolves providing
for the Contingent Expenses of, .
Official Information, Resolves authorizing the Publication of Laws,
Oil Company, Coup, name of the United States Chemical Manufacturing
Company changed to, ..... .

Old Colony Bank, in Plymouth, to increase the Capital Stock of,
Omnibus Company, Boston and North Cambridge, to incorporate.
Onions, Sale of, concerning, ......

Organization of Corporations, for Educational, Charitable and Religious

purposes, relating to,
" •• for Educational, Charitable and Religious

purposes, to amend chapter 216 of the
Laws of 1856, relating to, .
" '« limiting the time for.

Orthodox Congregational Society, in Danvers, Third, name changed to
Maple Street Church and Society, ....

Overseers of Gay Head, Resolve on Petition of, .

•• of Houses of Correction, and Keepers of Jails, to secure Re
turns from, .....

•' of the Poor authorized to remove Destitute and Neglected
Children to Almshouses, ....

" of the Poor of the Town of Newbury, Resolve on the Peti
tion of, .
Oxford Bank, to increase the Capital Stock of, .

" Hotel Company, to incorporate, ....

Oysters in Apponigansett River, Abner R. Tucker and others, to plant,
«' Benjamin W. Miller to plant, in Taunton Great River, in addi-
tion to certain Acts authorizing, . . . .

" James S. Chace to plant, in Taunton Great River, in addition
to Act authorizing, ......

" Perry G. Macomber to plant, in Pocasset,

Page 602
452
278

474

619
88

627
65
98

687

257, 667
634
103

629

294, 664
666

38
623
113

197

126

436
194

467
672

636

603

262

625

478

46 -

38
607

INDEX. xlv

Pacific Mutual Insurance Company, to incorporate, . . . Page 41

Pages and Messengers of the two branches of the Legislature, Kesolve

concerning the pay of, . . . . • 272

" Messengers and Door-keepers of the General Court, Kesolve

relating to the compensation of, . . . . 293, 681

Papers and Documents of the Senate, Resolve concerning, . . 701

'• of the House of Representatives, Catalogue of, and Index to

Journals, Resolve to complete, . . . . 663
'• and Journals of the House of Representatives, Resolve concern-
ing 262, 270

'« " of the Senate, Resolve concerning, . . . 294

Parents who are living seioaratc, respecting the custody of their Minor

Children, ........ 14

Parish, First Congregational, in West Cambridge, to enclose their Land, 107

" Second, in West Newbury, concerning Parsonage Lands of, . 620

«• " '• to dispose of their Burial Grounds, 43

Parkhurst, George, deceased, David Low to extend the Wharf belonging

to the Heirs of, . . . . . . • 112

Parsonage Lands of the Second Parish in West Newbury, concerning, . 620

Partition, concerning Petitions for, ..... 502

Passports, authorizing, . • . . . . . • 558

Pasturing of Cattle or other Animals in Streets or Ways, relating to, . 453

Patillo, James H. and others, Resolve on Petition of, . . . 278

Paupers, State, and Alien Passengers, relating to the Board of Commis-
sioners on, ......

** " concerning, ......

•' " to repeal section second of chapter 171, of the Acts of

1856, concerning, ..... 479

Pay of the Chaplain of the House of Representatives, Resolve for, . 697

Pay of the Chaplains of the Legislature, Resolves for, . . . 678, 785

Pay of the Commissioners for the Consolidation of the General Statutes,

Resolve for, ........ 684

Pay of the Council, Senate and House of Representatives, Resolves pro-
viding for, ........ 289

Pay of the Door-keepers, Messengers and Clerks of the General Court,

Resolve for, ......•• 785

Pay of the Door-keepers, Messengers and Pages of the General Court,

Resolve relating to, ....... 293,681

Pay of the Legislature and its Officers, monthly, Resolve for, . . 257, 657

Pay of Members of the Executive Council, the Legislature and its Offi-
cers, Resolves for, . . . . . • • ^87

Pay of Messengers and Pages of the Legislature, Resolve concerning, . 272

Payment of certain General Expenses, not otherwise provided for.

Resolve for. ..... • 664

•' of Contingent Expenses of the Legislature, Council and Offices

in the State House, Resolve for, . . • • 294

230
97

xlvi

INDEX.

Payment of Fines and Forfeitures in Criminal Cases, regulating,

" of State Loan to the Eastern Railroad Company, extending
time of, ....... .

Peabody, Ephraim, authorizing J. Ingcrsoll Eowditch, Executor, to sell
certain Real Estate of, .... .

Peat Coal Company, Massachusetts, to incorporate, .

Peat Company, Worcester, to incorporate,

Pemberton Mill, to increase the Capital Stock of,

Pembroke, Fish Ways at the several Dams on Barker's River in th

Town of, relating to, .
Pepperell, part of Groton annexed to, .
Perkins, John and others, to build a Wharf,
Perkins Mills and Dwight Manufacturing Company, concerning, and to

increase the Capital Stock of the latter.
Personal Estate of Elizabeth Lewis, deceased. Resolve on the Petition of
Lydia V. Dickson, praying that she may receive, .
" Property, Mortgages of, in addition to Act concerning,
" " leased or hired, to prevent the Fraudulent Sale of.

Persons coramiited to the State Lunatic Hospitals not having a known
settlement in the Commonwealth, relating to,
" feusj^ected of Embezzlement, in certain cases, relating to exami
nation of, and the accounts of Executors, Administrators,
and Guardians, .....

" under Sentence of Death, to repeal certain Acts concerning.
Petitions for Partition, concerning, ....

Pew, John, to extend his Wharf in Gloucester, .

Phillips Wharf Company, in Salem, to incorporate.

Physician and Surgeon of the State Prison, relating to the Salary ol',

Piles, James A. Knowlton to drive, on Blaney's Beach, in Swampscott,

Pilgrim Society of Plymouth, Resolve concerning,

Pilotage, Compulsory, exempting certain classes of Vessels from,

Pitcher's Bridge, in Huntington, relating to,

Pitman, Henry F., to extend his Wharf,

Pittsfield Bank, to increase the Capital Stock of, .

" Police Court in, additional to Act establishing,
Planing Machine, Woodworth's, Resolves relating to,
Planting of Shade Trees, concerning, ....

Pleasant Bay, Fishery in, to protect, ....

Plymouth, County Commissioners of, to lay out a Highway and con

struct a Bridge over Weweantitt River,

'• " House of Correction and Jail in, relative to,

" " Probate Court estabhshedin North Bridgewater, and

time of holding a Probate Court at Middlebor-

ough, changed, .....

" Kingston and Duxbury, Menhaden Fishery in the ToAvns of,

to protect, ......

•* Library, to incorporate, .....

Plympton Branch Railroad Company, to change the name of, .

Page 466

553

669
501
128
432

43
610
435

290
101
504

544

444
427
602

30
149

84
458
293
655
471
473
652
4
274
190
145

90
80

455

193

INDEX.

xlvii

Pocha Pond Meadow and Fishing Corapan)' in Edgartown, in addition

to Act incorporating, .....

Poisons, Deadly, relating to Sale of, ....

Police Court, in Adams, in addition to Act establishing,

'« " in Blackstone, to abolish, ....

•' " in Chicopee, in addition to Act establishing,

*' " in Framinghani, to establish,

" " in Lowell, concerning, ....

" " in Milford, concerning, ....

*' " <' in addition to Act establishing,

•' " in Pittsfield, in addition to Act establishing,

*' " in Springfield, for the better establishment of,

" " in Worcester, concerning, ....

" Courts, concerning, .....

•' " Jurisdiction of, concerning.

Pond Company, Caleb's, to incorporate, ....

" " Lagoon, to incorporate, ....

Poor, Overseers of, authorized to remove Destitute and Neglected Chil
dren to Almshouses,

" " of the Town of Newbury, Resolve on the Petition,

Porter, Albert H., Resolve on the Petition of, .
Postage, Cheap, and the Franking Privilege, Resolves concerning,
Potato Disease, concerning the Discovery of a Remedy for,

" Rot, to repeal chapter 18 of Resolves of 1851, concerning.
Power Press Manufacturing Company, S. P. Ruggles, in addition to Act
incorporating, ......

«' of Sale, Real Property obtained under Mortgage Deeds contain
ing, to perpetuate Evidence of Title to,
Powers of County Commissioners in laying out Ways across Railroads

relating to, .
Prayer Book Society, Margaret Coffin, to incorporate,
Preservation of Cape Cod Harbor, Resolve concerning, .

" of Municipal Records, Act for,

Priest, John L. and others. Resolve on Petition of.
Print Works, American, to incorporate, ....
Printing for the Commonwealth, Resolve concerning

" State, Resolve in relation to, .
Prison, State, Act for the removal of Insane CJonvicts from, in addition to

" " concerning, .....

*' " concerning the Discipline of, .

" " late Warden and Deputy-Warden, Resolve in favor of th

Families of, .

" •' to provide for the approval of Bills of Purchases for,

•• " relating to Salaries of certain Officers of, .

" " Resolve in favor of, ....

" " Resolves in relation to, .

♦' " Salary of the Physician and Surgeon, relating to, .

Private Property, relating to the unlawful use of.

Page 24

627

639

8
468
614
612
19,3

4
422
98, 404
434
505
630
455

503
262
275
288
571
434

103

564

633
69
694
461
259
438
294
695
75
474
6'J9

660

609

634

288, 695

696

xlviii

INDEX.

Probate, Bonds of Registers, to amend the 21st section of the 83d chapter

of the Revised Statutes, relative to, ... Page-405

" Court for the County of Barnstable, to establish Terms of, . 470

" " in the County of Bristol, changing the time of holding a

Term of, .... .

«' " for the County of Bristol, to establish Terms of, .

<* " for the County of Middlesex, to establish the Terras of,

" " at Groton, changing the time of holding,

" " in Middleborough, in the County of Plymouth, time of

holding changed, ....

" " in North Andover, in the County of Essex, establishing,

" " in North Bridgewater, in the County of Plymouth, estab

lislied, and time of holding Probate Court at Middle
borough, changed, ....

" Courts in the County of Berkshire, concerning, .
" " in the County of Dukes County, in addition to Act con

cerning, .....

" "in the County of Worcester, relating to,

" " in relation to certain Proceedings in,

" Judges of, in addition to Act concerning,

«' Register of, for the County of Dukes County, concerning the
Salary of, .
Propagation of Fish, Artificial, Resolve concerning,
Propeller Company, Nantucket, to incorporate, .

Property of Insolvent Debtors, Act of 1836, regulating the Assignment
and Distribution of, repealed,
" of Married Women, in addition to Act to protect,
" obtaining under False Pretences, concerning the offence of,
" Personal, leased or hired, to prevent the Fraudulent Sale of,
" " Mortgages of, in addition to Acts concerning,

" Private, relating to the unlawful use of,

" Real, obtained under Mortgage Deeds, containing a Power of
Sale, to perpetuate the Evidence of Title to.
Proprietors of the Catholic Cemetery in Dorchester, in addition to Act
■ incorporating, .....

" of certain Lands in Northampton, enabled to protect tlie

same against Inundation,
•' of the City Hotel in Worcester, in addition to Act incorpo

rating, ......

'< of the Holyoke and Willimansett Bridge, to incorporate,

" of India Wharf, in addition to Act incorporating,

'< of Lawrence Bridge, in addition to Act incorporating,

" of Oak Grove Cemetery, to incorporate,

" of Roxbury, Maine, Resolve on Petition of Samuel Hough

ton. Agent, .....

'< of the Rural Cemetery in Worcester, in addition to Act

incorporating, .....

" of the Sunderland Bridge, in addition to Act incorporating,

INDEX.

xlix

Protection of the Public at Railroad Crossings, .... Page 159

Provincetown and Truro, Towns of, to construct a Ihidge OA'er East

Ilarhor, ........ 220

Proxies in Banks, to regulate the use of, .... 595

Public Buildings, School-houses, concerning, .... 55G

" Cemetery of the City of Roxbury, relating to, . . . 195

" Debt, relating to the Extinguishment of, . . . 534
«' Institutions for the City of Boston and County of Suifolk, to

establish a Board of Directors of, . . . . 42G

" Library in the City of Boston, relating to, . . . 404

*' Officers, certain, in addition to Act establishing Salaries of, . 619

" Reports and Documents, in relation to, . . . . 428

«< Schools, concerning Branches to be taught in, and for other jiur-

poses, . . . . . • . • 542

" Schools, rights of Children under Guardianship to attend, in re-
lation to, ...... . 92

" Schools, rights of Children of Non-resident Parents to attend, . 480

"■ Ways, relating to Land taken for, . . . . 481

Publication and Distribution of Professor Hitchcock's Geological Re-
port, Resolve providing for, .... 694

" of Laws and Official Information, Resolves authorizing, . 660

" of the State Laws, Resolve concerning, . . . 292
Punchard Free School in Andover, in addition to Act incorporating

Trustees of, ........ 39

Punishment of Fraudulent Debtors, Imprisonment for Debt, to amend

and consolidate the several Acts concerning, . . . 489
Purchase and Sale of Spirituous Liquors by City and Town Agents,

concerning, ........ 638

Purchases for tlTe State Prison, to provide for the approval of Bills of, . 009

Quartermaster- General's Department, Resolves concerning, . . 262,662
Quincy Fire and Marine Insurance Company, in addition to Act incor-
porating, ....... 467

" part of Dorchester annexed to, additional Act, . . . 500

" part of Braintree annexed to, . . . . . 72

" Stone Bank, in Quincy, to increase the Capital Stock of, . 524

Railroad Branch, Agricultural, extending the time for the construction of, 1 57, 403
" " into Boston, to extend time of constructing, by the

Boston and Lowell Railroad Corporation, . 93
" " Dorchester and Milton, concerning, . . . 508
" " East Walpole, extending the time for construction of, . fiOl
" " Newburyport Railroad Company to constrtict, ill addi-
tion to Act authorizing, . . . . 45
" *' Plympton, to change the name of, . . . 17
7

INDEX.

Railroad Corporation, Agricultural Branch, extending the time for the

construction of road, .... Page 4G.'}

Amherst and Belchertown, to extend the time for

locating and constructing road, . . 44

Barre and North Brookiield, to amend the Char-
ter of, ..... 498

Barre and North Brookfield, to extend the time

for constructing road, . . . 16

Boston, Barre and Gardner, concerning, . . 60, 459

Boston and Chelsea, (Horse Road,) concerning, . 73, 441

Boston and Lowell, additional Brancli Track in

the City of Lowell authorized, . . 68

Boston and Lowell, amending Act passed May
21, 1855, authorizing alteration in the loca-
tion and construction of a Bridge, . . 23

Boston and Lowell, and certain Railroad Com-
panies connected therewith, concerning, . 478

Boston and Lowell, extending time for th.e con-
struction of a Branch Track in Lowell, by, . 64 1

Boston and Lowell, and the Salem and Lowell,

concerning, . . . . . 91

Boston and Lowell, time of construction of Branch

Railroad into Boston, extended, . . 93

Boston and Maine, and the Danvers, concerning, 611

Boston and New York Central, concerning, . 15, 425

Boston and New York Central, County Com-
missioners of Norfolk to construct a Bridge
across the road, in Dorchester, . . 39

Boston and New York Central, extending the

time for the construction of road, . . 18

Boston and Worcester, to change the location of
a portion of their road, and for other jmr-
poses, ..... 485

Broadway, (Horse Road,) in addition to Act in-
corporating, . . . . . 192

Broadway, (Horse Road,) concerning, . . 549

Brookline, (Horse Road,) to incorporate, . . 648

Cliarles River and the New York and Boston,
confirming the Union of, and extending the
time for locating and constructing, . . 153

Connecticut River, to extend and unite the

Hampshire and Hampden Railroad with, . 573

Banvers, and the Boston and Maine Railroad,

concerning, . . . . . 611

Dorchester Avenue, (Horse Road,) in addition to

Act incorporating, . . . .34, 202

Dorchester Avenue, (Horse Road,) concerning, . 545

Dorchester and Milton Branch, concerning, . 508

INDEX. - li

Railroad Corporation, Dorchester and Milton Extension, in addition to

Act establishing, .... Page 77

" " Dorchester and Roxbury, (Horse Road,) to in-

corporate, . . . . . GO 3

<• " East Walpole Branch, to extend the time of con-

structing road, . . . . 601

•• " Eastern, concerning the location of the road of, . 242

«• " Eastern, to extend the time of payment of the

State Loan to, ... . 553

«« " Fall River and AVarren, to incorporate, . . 420

" " Fitchburg, concerning, .... 76

^ft> " Hampshire and Hampden, authorized to extend

their road, . . . . . 104

<• '• Hampshire and Hampden, to extend and unite

the road with the Connecticut River Railroad, 573

" «' Lebanon Springs, extending the time for con-

struction of road, . . . . 103

<« " Maiden and Melrose, (Horse Road,) to incorix)-

rate, ...... 238

" •' Medford and Charlestown, (Horse Road,) in addi-

tion to Act incorporating, . . . 406

'• " Middlesex, (Horse Road,) concerning, . . 53,431

" •' Milford and Woonsocket, concerning, . . 463

" " Millbury and Southbridge, concerning, . . 423

" " Millbury and Southbridge, to extend the time of

construction, . . . , . 12

" " Mystic River, extending time for location and

construction of road, . . . 457

«' " New York and Boston, and the Charles River,

confirming the Union of, and extending the
time for construction, . . . 153

'• " New York and Boston, to extend tlie time for

locating and constructing road, . . 428

" " Newburyport, .to construct a Branch Railroad, in

addition to Act authorizing, ... 46

«« •' Newton, (Horse Road,) to incorporate, . . 624

" •' Newton, (Horse Road,) to incorporate, additional

Act, ...... 646

«• " Norwich and Worcester, State Loan to, in further

addition to Act extending the time of, . 596

" '• Plympton Branch, to change the name of, . 17

" «' Rockport, to extend the time for locating and con-

structing road, . . . . 17

'« «« Somerville, Horse, to incorporate, . . 600

" " Springfield and Farmington Valley, to incorporate, 93

•« " Suffolk, (Horse Road,) to incorporate, . . 630

" •• Troy and Greenfield, to change location, . . 153

»* •' Vermont and Massachusetts, concerning, . , 30

lii INDEX.

Kailroad Corporation, Vermont and Massachusetts, in addition to Act

concerning, ..... Page 148

•« «« Waltham and Watertown, concerning, . . 468
" '« Ware River, to extend the time for building the

road, ...... 477

'« " West Cambridge, Horse, to incorporate, . . 593
'• " West B-oxbury, (Horse Road,) in addition to Aet

incorporating, .... 564

" " West Roxbury, (Horse Road,) to incorporate, . 116
•' " Western Avenue, (Horse Road,) to extend the

time for constructing road, ... 16

" " Winnisimmet, (Horse Road,) to incorporate, . 559

" Corporations, Annual Reports of, in addition to Acts relating to, 92
" " connected with the Boston and Lowell Railroad,

concerning, ....... 478

" Crossings, for the better protection of the Public at, . . 159

" Mortgages, relating to Trustees under, .... 520

" Mutual Fire Insurance Company, to accei^t the surrender of

Charter, ....... 29

«* Mutual Fire Insurance Company, New England, to incorporate, 29
" Mutual Fire Insurance Company, New England, in addition

to Act incorporating, . . . . . 551

•« Returns, concerning, . . . . . . 513

Railroads, in addition to Act regulating the use of, . . . 636

" Annual Returns of, concerning, .... 574

" Boston and Lowell, the Fitchburg and the Grand Junction,

" Bridge in Somerville, at the intersection of, concerning, . 232

'• (Horse,) concerning the Location of, . . . . 535

«• Ways, across, relating to Powers of County Commissioners in

laying out, ...... 633

Railway, Marine, Parker, Joseph B. and Elias Burnham, authorized to

extend, . . . . . . . . 31

Rainsford Island Hospital, relating to Inspectors of, . . . 698

" " " Resolve in favor of, . . . . 681

" *' and Taunton, State Hospitals at. Resolve in aid of, . 275
Rand, E. S., W. C. Barstow, B. C. Ward and C. C. Gilbert, to extend

their Wharf, . . . . . . . . 22, 45

Read, Abraham and others to build a Wharf, in Fall River, . . 432
Real Property obtained under Mortgage Deeds containing a Power of

Sale, to perpetute Evidence of Title to, . . . . 564

Record of Attachments, relating to, . . . . . 123

Records, Colony, of New Plymouth and Massachusetts, in addition to

Resolve concerning, . . . . • 700

" Colony, of New Plymouth and Massachusetts, Resolve con-
cerning, . . . . . . . 701

" Massachusetts, Resolve relating to, . . . .260,291

'« Municipal, for the better preservation of, . . . 461

" Town or City, authorizing Transcripts of, . . . 453

INDEX. liii

Reed, Samud H. , Resolve ill favor of, ..... Page 671

Reform School for Boys, State, Resolve concerning, . . . 291

•• '• " State, Resolve in favor of, , . . 677
" " " and State Industrial School for Girls, relating

to the support of certain Inmates of, . 84

" " for Girls, State, additional to Act establishing, , . 33
•< " " State, to change the name to State Industrial

School for Girls, . . . . 31

" •' '• State, Resolve in favor of, . . . 265
" •• " State, Resolve in favor of John H. Wilkins, H,
B. Rogers and Francis B. Fay, for services

as Commissioners, . . . 678

Register of Deeds for the County of Suffolk, to provide for the election of, 62
•• of Deeds for the Northern District of Berkshire, authorizing

removal of Office from Lanesborough to Adams, . . 471
" of Probate for the County of Dukes County, concerning the

Salary of, ....... 103

Registers and Judges of Insolvency Courts, establishing Salaries of, . 621
" of Probate, Bonds of, to amend the 21st section of 83d chapter

of the Revised Statutes, relative to, . . . . . 405

Registration Reports, Resolve relative to, .... 697

Registry of Deeds in the Town of Littleton, concerning, . . 60
" " for the Northern District of Middlesex, relating to, . . 189
Relief and Submarine Company, Boston, name of the Boston Submarine

and Wrecking Company changed to, and Capital Stock increased, . 422
Religious, Charitable and Educational purposes, Corporations for, relat-
ing to the Organization of, . . . . 126

" Charitable and Educational purposes. Organization of Corpo-
rations for, to amend Act relating to, . . . 436
Remedy for the Potato Disease, concerning the Discovery of, . . 671
Removal of the Remains of the Dead from Burial Ground in Natick,

Resolve authorizing, ....... 675

Repairs and Furniture for the State House, Resolve concerning, . 2G8, 690

" on the State House, Resolve for, .... 293

Repeal of the Cod Fishing Bounty, proposed, Resolves concerning, . 657
Report, Annual, of the Secretary of the Board of Agriculture, Resolves

concerning, . . . . . , . 268

•' Hitchcock's Geological, P».esolve providing for the Publication

and Distribution of, . . . . . . 694

Reports, Annual, of Railroad Corporations, in addition to Acts relating to, 92

" and Documents, Public, in relation to, . . . . 428

" Registration, Resolve relative to, ... . 697

Representatives, to apportion, to the several Counties, . . . 755

" in Congress, Election of, concerning, . . . 145

" in the General Court, Elections of, concerning, . 780
" House of. Council and Senate, Resolves pro Adding for

the pay of, . . . . . • 289

" House of. Index to the Journals, and Catalogue of the

Papers, Resolve to complete, , . . 663

liv

INDEX.

Representatives, House of, Journals and Papers, Resolves concerning,
•' House of. Resolve in favor of the late Acting- Clerk,

" House of, Resolve for Pay of the Chaplain,

Reservoir and Mill Dams, in addition to Act relating to,
Reservoirs and Dams, concerning wilful and malicious injuries to.
Residuary Legatees, in relation to form of Bond to be given by Execu
tors who are, .......

Resolutions of the Legislature of Connecticut, certain. Resolves in rela-
tion to, ...... .

Returns of Elections, concerning, ....

" from Keepers of Jails and Overseers of Houses of Correction
to secure, ......

" Railroad, concerning, .....

" of Railroads, Annual, concerning,
" of Votes, in relation to, .
Revenue, Treasurer to borrow Money in anticipation of,
Richards, Williams B. and others. Resolve on Petition of, for confirma
tion of partition of Real Estate, ....

Richardson, James W., Resolve on Petition of, .

Rights of Children under Guardianship to attend the Public Schools, in
relation to, .

«< " of Non-resident Parents to attend Public Schools

defining, ....

Rochester, Fourth Congregational Precinct, Act to change the name of,
and for other purposes, .....

Rockport Railroad, to extend the time for locating and constructing,
Rogers, Francis P. H. and Kate E., Resolve on Petition of,

" Henry B., Donation to the State Industrial School for Girls
concerning, ......

•• H. B., John H. Wilkins and Francis B. Fay, Resolve in favor of
Roxbury Fire Department, relating to, .

" Gas Light Company, relating to, .

" Institute, to incorporate, ....

" Maine, Proprietors of. Resolve on Petition of Samuel Hough
ton. Agent, .....

" Public Cemetery of the City of, relating to, .
Ruggles, S. P., Power Press Manufacturing Company, in addition to
Act incorporating, ......

Rural Cemetery in Worcester, Proprietors of, in addition to Act incor
porating, .......

Russell, Abraham, Resolve relating to the Estate of.

262, 270
661
697
509
507

456

292
514

636

513

574

189, 640

258, 658

687
262

4S0

690

549
678
528
485
87

660
196

103

32
696

Sabbath School Society, Mass., in addition to Act incorporating,
•« " Union, Universalist, to incorporate.

Salaries of certain Officers of the State Prison, relating to,

•' of certain Public Officers, in addition to Act establishing,

425

534

619

INDEX.

Salaries of the District- Attorneys of the Northern, Eastern and Southern
Districts, to fix, .....

" of Judges and Kegisters of the Courts of Insolvency, established
" of the Justices of the Supreme Judicial Court, to establish,
Salary of Assistant- Clerk of the Superior Court of Suffolk County, to
establish, ......

" of Clerk of Courts in Hampden County, established,
" of the District- Attorney of the Middle District, in relation to,
" of the District-Attorney of the South-Eastern District, to fix,
" of the Physician and Surgeon of the State Prison, in relation to
<' of the Register of Probate for the County of Dukes County
concerning, ......

Sale of Adulterated Milk, to punish Fraud, by, .
" of Deadly Poisons, relating to, .

" Fraudulent, of Personal Property, leased or hired, to prevent,
" of Onions in the Commonwealth, concerning,
" PoAver of, Real Property obtained under Mortgage Deeds containing

to perpetuate Evidence of Title to, .

" of Spirituous Liquors by City and Town Agents, concerning,
Salem, Central Baptist Society in, changing the name of the Second Hap
tist Society, and the time of their Annual Meeting,
«' Charitable Marine Society, Resolve on Petition of Nathaniel

Appleton and others, relative to, .
«' City of, in further addition to Act establishing, .
" and Lowell and the Boston and Lowell Railroad Companies, con
cerning, . . . . .

•' Marine Insut&nce Company, to incorporate,

" Mechanic Hall Corporation, in addition to Act incorporating,

" Second Baptist Society in, to change the corporate name and the

time of their Annual Meeting,
" and South Danvers, new boundary line between, established,
" State Normal School-house at, concerning,
" Young Men's Union, to incorporate,
Salisbury Mills, to incorporate, .....

Sandwich and Wareham, for the preservation of Fish in Buzzard's Bay
within the Towns of, .....

Savings Bank, Boston Five Cents, to hold Real Estate, .
<« »< Franklin, in Pawtucket, to incorporate, .

" Institution for, Springfield, relating to, .
School Agents and Normal Schools, Resolve in addition to Resolves of
1855 in favor of, .... .

" of Agriculture, Massachusetts, to incorporate,
" Committees, concerning vacancies in, .
" " Election of, provided for,

" of Design for Women, New England, Resolve in aid of, .
" " " New England, additional Resolve in aid nf

" District, Hopland, in addition to Act incorporating part of liCe
into a School District, .....

Page 559
621

4G8
620
161
201
84

103
130
627
504
197

564
638

276
14

91
5

627

280

403, 445

102
440
431
431

694
152
51, 614
619
291
293

510

Ivi

INDEX.

Scliool Districts, to repeal chapter 153 of the Acts of 1853, concerning, . Page 602
" Hitchcock Free Granamar, name of the Trustees of the Brimfield

Free Grammar School changed to, .
" Houses, and other Public Buildings, concerning,
" " State Normal, at Bridgewater, Westfield, Framingham

and Salem, Resolves concerning,
" Punchard Free, in Andover, in addition to Act incorporatin

Trustees of, .
" State Industrial, for Girls, changing the name of the State Reform

School for Girls to, .
" " " for Girls, concerning Donation of Henry B

Rogers to, .
" " " for Girls, Resolve concerning, .

" •' " for Girls, Resolve in favor of,

" " " for Girls, and the State Reform, for Boys, relat

ing to support of certain inmates of,
" " Reform, for Boys, Resolve concerning,

" " " for Boys, Resolve in favor of,

" " " for Boys, and State Industrial, for Girls, relating

to support of certain inmates of,
" •' " for Girls, additional to Act establishing, .

" " " for Girls, to change the name to the State Indus

trial School for Girls, .
" " " for Girls, Resolve in favor of,

" " " for Girls, Resolve in favor of John H. Wilkins, H

B. Rogers and Francis B. Fay, for services as
Commissioners,
" Trustees of the Brimfield Free Grammar, name changed to Hitch
cock Free Grammar School, ....

Schools, Common, relating to, .

Normal and School Agents, in addition to Resolves of 1855, in
favor, ......

Public, concerning Branches to be taught in, and for other pur
poses, .....

" defining the Rights of Children of Non-resident Parents
to attend, .....

" relative to Rights of Children under Guardianship to
attend, .....

State Normal, Resolves concerning,
Superintendents of, in addition to Act relating to,
Scientific Survey of Boston Harbor, Resolves relative to,
Scudder, Charles, Resolve on Petition of, • . .

Second Baptist Society in Salem, changing the name and the time of
their Annual Meeting, ...

" Parish in West Newbury, authorized to dispose of their Burial

Grounds,
" " " " concerning the Parsonage Lands of.

Secretary of the Board of Agriculture, Resolves concerning the Annual

Report of, ........ 268

INDEX.

Ivii

Secretary of the Commonwealth to furnish certain Documents, Resolve

authorizing, . . . Page 28G

" " *' Resolve in favor of the Department of, 281

Selectmen of Dorchester, Resolve on Petition of, . . . (i7i

" of Marshpee, Resolves on Petition of, . . . 261

Seminary, Williston, in addition to Act incorporating, . . . 102

Senate, Documents and Papers of, Resolve concerning, . . . 701

" House of Representatives and Council, Resolves providing for

the pay of, . . . . . . . 289

" Journals, General Index of. Resolve concerning, . . 701

" Journals and Papers of. Resolve concerning, . . . 294
Senatorial Districts, to arrange into Eight Districts for the choice of the

Council, ........ 780

Senators, to divide the Commonwealth into Forty Districts, for the

choice of, ....... . 776

Sentence of Death, Persons under, to repeal certain Acts concerning, . 427
September Meeting of the Commissioners of Middlesex County, to

change the place of holding, . . . . . 427

Sessions of the Legislature, Resolve to amend the Constitution relative

to limiting, ........ 703

Sewers and Drains in the City of Boston, concerning, . . . 559

Shade Trees, Cities and Towns authorized to set out, . . . 471

" " concerning the planting of, .... 190

Shelburne Falls Bank, to incorporate, ..... 200

Sheriffs and their Deputies, in relation to, . ... 108

Ship-Owners and Mariners, to protect, from imposition, . . 487
Shoals and Lands, certain, in the Harbor and City of New Bedford, to
cede to the United States Jurisdiction over, and

for other purposes, . . . . 61

" " certain, in the Harbor and City of New Bedford,

Jurisdiction over, ceded to the United States,

additional Act, . . . . . 473

Sliumway, S., Resolve in favor of, .... . 692

Sidewalks of Cities, relating to removal of Snow and Ice from, . 44 2
Silver liake Ice Company, name of the Plympton Branch Railroad Com-
pany changed to, . . . . . . . 17

Simpson's Patent Dry Dock ComjDany, to incorporate, . . . 10
Skunk Creek in Somerset, County Commissioners of Bristol to lay out

a Highway and construct a Bridge over, . . . . 150

Small, Francis, to extend his Wharf, ..... 37

Smith, Benjamin, a Soldier of the Revolution, Resolve on Petition of, . 662
Snow and Ice, relating to removal of, from Sidewalks of Cities, . 442
Societies, Agricultural, which receive the Bounty of the State, in addi-
tion to Act concerning, . . . . . . 10'5

Society, Araesbury Street Baptist, to change the name and legalize the

doings of, . . . . . . • 2:^7

<* Central Baptist, in Salem, changing the name of Second Bap-
tist Society and the time of their Annual Meeting, . 14
8

Iviii INDEX.

iSociety of the Cincinnati of Massachusetts, Resolve on the Petition of, Page 203
" Congregational, and Church in Marion, name of the Fourth

Congregational Precinct, in Rochester, changed to, . 46
" Congregational, in the Second Precinct, in Attleborough, addi-
tional to Act incorporating, .... 70
" Eastern Hampden Agricultural, to incorporate, ... 88
" Eliot City Mission, of Roxbury, to incorporate, . . 81
" Evangelical Baptist Benevolent and Missionary, to incorporate, 603
" Female Benevolent, at South Danvers, to incorporate, . . 33
" Female Medical Education, to change the name to New Eng-
land Female Medical College and reorganize the same, . 115
" First Baptist, in Lawrence, name of the Amesburj' Street Bap-
tist Society changed to, . . . . . 237
" First Baptist, in Southbridge, Resolve on Petition of, . . 674
" First Congregational, of Winchester, name of South Congre-
gational Society, of Woburn, changed to, . . . 7
" General Charitable, of Newburyport, to incorporate, . . 204
♦' Independent Benevolent, in Newburyport, to incorporate, . 124
" Ladies' Benevolent, of Newbury, to incorporate, . • 129
" Ladies' Howard, of Nantucket, to incorporate, . . . 147
*' Margaret Cofhn Prayer Book, to incorporate, ... 69
" Massachusetts Historical, in relation to, . . . . 430
" Massachusetts Homoeopathic Medical, to incorporate, . . 162
" Massachusetts Sabbath School, in addition to Act incorporating, 425
" Nantucket Agricultural, to incorporate, ... 15
" Pilgrim, of Plymouth, Resolve concerning, . . . 293
" for relief of Aged Women in Salem, to incorporate, . . 241
" Second Baptist, in Salem, changing the name and the time of

their Annual Meeting, ..... 14
" Salem Charitable Marine, Resolve on Petition of Nathaniel

Appleton and others relative to, . . . . 276
" South Congregational, of Woburn, name changed and autho-
rized to hold Property, ..... 7
" Third Orthodox Congregational, in Danvers, name changed to

Maple Street Church and Society, .... 4G7

" Worcester South Agricultural, Resolve in favor of, . . 268
Sohier, William, Cyrus and Hannah P. Mason, Resolve on the Petition

of, . . " . 267

Somerset, Higlnvay and Bridge over Skunk Creek, in the Town of,

County Commissioners of Bristol, to lay out and construct, . 150
Somerville and Cambridge, altering boundary line between, and an-
nexing portions of each to tlie other, ... 76
" Horse Railroad Company, to incorporate, . . . 600
South Berkshire Institute Association, to incorporate, . . . 193
'♦ Congregational Society, of Woburn, to change the name and

authorize it to hold Property, .... 7

" Danvers and Danvers, determining the boundai'y line between, . 151

" " Female Benevolent Society at, to incorporate, . . 33

INDEX.

lix

South Danvers Mutual Fire Insurance Company, name of llie Danvers
Mutual Fire Insurance Company changed to,
" and Salem, new Boundary Line between established,
Eastern District, to fix the Salary of the District- Attorney of,
Reading Hotel Company, to incorporate, .

*' part of the Town of Stoneham annexed to,
Scituate and Hanover, determining the boundai-y line between,
'• '' Resolves in relation to TowJi Lines be

tween,
Southbridge, First Baptist Society, Resolve on Petition of,

•• Resolve in favor of the Town of, ...

Southern, Eastern and Northern Districts, to fix the Salaries of tlit
District- Attorneys of, .... ,

Special Messages, ......

Spirituous Liquors, concerning Purchase and Sale of, by City and Town
Agents, .......

Springfield, City of, in addition to Act to establish,

" and Farmington Valley Railroad Company, to incorporate

" Institution for Savings, relating to, .

" Police Court of, for the better establishment,

State Almshouse, at Bridgewater, Resolve in favor of, .
" " at Monson, Resolve relating to,

" " at Tewksbury, Resolve in favor of,

" Almshouses, Resolve in favor of, .
•» Bounty, Agricultural Societies which receive, in addition to Act
concerning, ......

" Cabinet, Resolve concerning, ....

" Farm at Westborough, Resolves in favor of,

'• Hospitals at Rainsford Island and Taunton, Resolve in ;ad of,

" HoiLse, Commissioners on. Resolve in favor of,

■' *' concerning, ......

" " Oflices in. Council and Legislature, Resolve pro\iding for

the Contingent Expenses of, .
" " Repairs and Furniture for, Resolve concerning,
" '♦ Resolve relative to the Enlargement of,
" " Resolve for Repairs on, ....

" Industrial School for Girls, to change the name of tl'.e State Re

form School for Girls to, .

" Industrial School for Girls, concerning Donation of Henry B

Rogers, to, .
" Industrial School for Girls, Resolve concerning, ,
'• Industrial School for Girls, Resolve in favor of,
" Industrial School for Girls and the State Reform School for Boys

relating to the support of certain Inmates of, .
♦• Laws, Resolve concerning the publication of,
*' Library, Resolve in relation to, .
" '* Resolves in aid of, .

" Loan to the Eastern Railroad Company, to extend the time of pay-
ment, ........

Page 22

201

115

509

286

674

270

559

317

, 735

638

431

4 22

292

698

6>S1

691

277

105

697

279,

665

275

692

442

294.

664

268,

690

261

293

549

678
277

84
292
266
679

663

INDEX.

Stale Loan to the Norwich and "Worcester Railroad Company, in further

addition to Act extending the time of, ... Page 596
" Lunatic Hospital, at Northampton, Resolve in aid of, . . 699
♦• " *< at Taunton, Resolve in favor of, . . . 698
" " Hospitals, establishing Boards of Trustees for, and in addi-
tion to Acts concerning Lunatic Hospitals, 160
" «• '« relating to appointment of Trustees of, . 16
• ' <• *' relating to persons committed to, not having a

known settlement in this Commonwealth, . 544

<' Map, Resolves in relation to, .... . 693

•« Normal School-houses at Bridgewater, Westfield, Framingham and

Salem, Resolves concerning, .... 280

" " Schools, Resolves concerning, . . . .691

'• Paupers and Alien Passengers, relating to the Board of Commis-
sioners on, ...... 230

" " concerning, ...... 97

«« '« to repeal section second of chapter 17 1 of the Acts of 1856,

relative to, . . . . . . 479

«« Printing, Resolve in relation to, . . . . . 695

" Prison, Act for the removal of Insane Convicts from, in addition to, 75

'• •' concerning, ....... 474

«• '• concerning the Discipline of, . . . . 629

" " late Warden and Deputy- Warden, Resolve in favor, of the

Families of, . . . . I . 660

" •• to provide for the approval of Bills of Piircli.i es for, . 609
•' •' Resolve in favor of, . . . . . 288, 695

" " Resolves in relation to, . . . . 696

" " Salaries of certain Officers of, relating to, . . . 534

" " Salary of the Physician and Surgeon, relating to, . . 84

" Reform School for Boys, at Westborough, Resolve concerning, . 291

♦' '♦ ♦• for Boys, Resolve in favor of, . . . 677
" " " for Boys and the State Industrial School for Girls,

relating to the support of certain Inmates of, . 84

" '« " for Girls, additional to Act establishing, . . 33
" •' '• for Girls, to change name to State Industrial School

for Girls, ..... 31

" '• " for Girls, Resolve in favor of, . . . 265
" •• " for Girls, Resolve in favor of John H. Wilkins, H.
B. Rogers and Francis B. Fay, for services as

Commissioners, . . . . 678

" Tax of $699,982, to apportion and assess, .... 130

" *' of $899,973, to apportion and assess, .... 578

*' " Treasurer to borrow Money in anticipation of, . . 279, 698

'• Teachers' Association, Massachusetts, Resolve in favor of, . . 673
Statistical Information and Decennial Census, in addition to the several

Acts to secure, ....... 26

Statutes, General, Resolve to pay the Commissioners for the Consolida-
tion of, ..... .. . 684

INDEX.

Ixi

Stay or Supersedeas of Executions, in relation to ordering,
Steamboat Company, Boston and Kennebec, to incorporate,
Steam-power Company, Clinton, to incorporate, .
Steamship Companj'-, Boston and New Orleans, to incorjDorate, .

" " Boston and New York, to incorporate.

Sterling Camp-Meeting Association, name of the Worcester District
Methodist Episcopal Church Camp-Meeting Association changed to,
Stoddard, E. B., Resolve on Petition of, .
Stoddard, Isaiah, Resolve in favor of, .
Stoneham, part of the Town of, annexed to South Reading,
Stoughton, assessment of Taxes for 1854, in the Town of, to legalize, .
Streets or Ways, pasturing of Cattle or other Animals in, relating to,
Sturgis, Henry P. and another, Resolve on Petition of, .
Submarine and Wrecking Company, Boston, to change its name to Bos-
ton Relief and Submarine Company, and increase its Capital Stock,
Suffolk County, Assistant- Attorney for, to establish the Office of,

" " and the City of Boston, Public Institutions for, to estab-

lish a Board of Directors of, . . .

•• " Register of Deeds for, to provide for the Election of,

" " Superior Court of, Salary of Assistant-Clerk established,

'• '* Superior Court of, and the Court of Common Pleas,

concerning, .....

" " Supreme Judicial Court in, establishing the Office of

Assistant- Clerk, ....
" Railroad Company, to incorporate.
Sumac, Foreign, Inspection of, to repeal Act providing for,
Sumner, Honorable Charles, Resolves concerning the recent Assault

upon, at Washington, .....

Sunderland Bridge, in addition to Act incorporating Proprietors of.
Superintendents of Schools, in addition to Act relative to,
Superior Court of the County of Suffolk and the Court of Common Pleas
concerning, .....
" " of Suffolk County, Salary of Assistant- Clerk established;

Supersedeas of Executions, in relation to ordering,
Supreme Judicial Court, in addition to the several Acts giving Jurisdic
tion in Equity to, .
" " " relating to the Jurisdiction of, .

'• '• " in Suffolk County, establishing the office of

Assistant- Clerk, .
'• " " Salaries of the Justices established,

Sureties, respecting the manner of surrendering their Principals in Bai

Bonds, to amend the 49th chapter of the Revised Statutes,
Siu'geon and Physician of the State Prison, in relation to the Salary of,
Survey, Scientific, of Boston Harbor, Resolves relative to,
Swampscott, Beaches in the Town of, concerning,
Swazey, John N., to extend his Wharf, in Lynn,

Page 75
50
17

146
505

479
672
291
48
83
453
677

423
35

426

468

245

20
630
502

285
462
150

245

468

548
443

264

127

Ixii

INDEX.

Tarr, Daniel 15. and others, to build a Wharf,
Tarr, James G. and others, to extend their Wharf,
Taunton Bank, to increase the Capital Stock of, .

" Great River, in addition to Act authorizing Benjamin W. Miller

to plant Oysters in, .
" " " in addition to Act authorizing James S. Chace to

l^lant Oysters in,
•• and Rainsford Island, State Hospitals, Resolve in aid of,
" State Lunatic Hospital at, Resolve in favor of, .
Tax of $599,982, to apportion and assess,
" of .$899,973, to apportion and assess,
" State, Treasurer to borrow Money in anticijiation of,
Taxation of Horses, relating to, .

Taxes, Assessment of, in the City of Lynn in 1853 and 1854, in relation to
♦* Assessment of, in the Town of Stoughton for 1854, to legalize,
" Assessment and Collection of, relating to,

" in the City of Boston, to repeal Act changing tlie time of assessing,
" Equalization of, Act for, .....
" for the several Counties, Resolve granting.
Teachers' Association, Massachusetts State, Resolve in favor of.
Telegraph Company, Boston and Cape Cod Marine, to incorporate,

" " United States, to incorporate,

Tenney, Samuel N., Resolve on Petition of, .
Tenney, Solon H., late Warden, and Galen C. W^alker, late Deputy

Warden of the State Prison, Resolve in favor of the Families of,
Terms of the Probate Court in the County of Barnstable, to establish,
" of the Probate Court in the County of Bristol, to establish,
'♦ of the Probate Court in the County of Middlesex, to estabhsh,
Tewksbviry and Caldwell, Resolve on Petition of,
Tewksbury, State Almshouse at, Resolve in favor of.
Third Orthodox Congregational Society in Danvers, name changed to

Maple Street Church and Society, ....
Tillinghast, Nicholas, late Principal of the Normal School, at Bridge

water. Resolve in favor of the Widow and Child of,
Tisbtiry, Title of certain Lands in, confirmed to Jemima Easton and her

Heirs, and other Indians of Deep Bottom, .

Titicut Academy, of Middleborough, to incorporate,

Title of certain Lands in Tisbury, confirmed to Jemima Easton and her

Heirs, and other Indians, of Deep Bottom,

" to Real Property obtained under Mortgage Deeds containing a

Power of Sale, to perpetuate Evidence of,

Topsfield, Fisheries in Ipswich River in the Town of, to protect.

Town of Beverly, part of, annexed to Danvers, .

" of Boxford, part of, annexed to Groveland, . .

«« of Braintree, part of, annexed to Quincy, .

Page 461
425
527

38
275
698
130
678
279, 698
646

83
154
623
655
269, 661
673

63
469
673

660
470
506
451
276
691

467

280

120

246

120

664

■ 457

INDEX.

Ixiii

Town of Chelsea, reannexed to Boston, . . . .

" of Chilmark and the Indians of Gay Head, boundary line be

tween, established and confirmed,
" of Danvers and South Danvers, Determining the boundary line
between, ......

" of Dorchester, part of, annexed to Quincy, additional Act,
" of Duxbury, part of, annexed to Kingston,
" of East Bridge-water and Halifax, to establish the dividing line
between, ......

•' of Groton, part of, annexed to Pepperell, .
" of Lynnfield and North Keading, to cliange the boundary line
between, ......

" of Mattapoisett, to incorporate, ....

«' of Somerville and City of Cambridge, portions of each annexed to
the other, ......

" of South Danvers and City of Salem, new boundary line be
tween, established, .....

" of South Scituate and Hanover, boundary line between. Resolves

relative to, .

" of South Scituate and Hanover, determining the boundary line
between, ......

•' of Stoneham, part of, annexed to South Reading,
" of Uxbridge and Northbridge, changing boundary line between,
" and City Agents, concerning Purchase and Sale of Spirituous
Liquors by, ......

•' or City Records, authorizing Transcripts of,
" Officers, Act of 1853, chapter 283, relating to, repealed, .
Towns and Cities authorized to set out Shade Trees,

" and Cities, to repeal Act incorporating into Mutual Fire Insurance
Companies, at their election, ....

Track, Branch, in Lowell, extending time for the construction of, bj' the

Boston and Lowell Railroad Corporation,
Trade, Boston Board of, Resolve in favor,
Transcripts of Town or City Records, authorizing.
Treasurer to borrow Money in anticipation of the Revenue,
" to borrow Money in anticipation of the State Tax,
" and Receiver- General to release and quitclaim to Enos Clark

Jr., certain Lands in Northamptoji,
" Resolve concerning Notes given by,
Trees, Shade, Cities and Towns authorized to set out,

" Shade, concerning the planting of, ...

Tremont Gas Light Company, to repeal Act incorporating,

" Insurance Company, Act continuing, .
Trials by the Court, respecting, .....

Trinity Church, in BridgcAvater, to incorporate the Trustf es of the
Funds of, ...... .

Troy and Greenfield Railroad Comjjany, to change location,
'< Indians, Resolve in aid of, .

Page 77

120

151
500
441

438
510

572

537

280

509
48

638
453
103
471

502

G41

280

453

258, 658

279, 698

274
699
471
190
156
3
015

128
153
671

Ixiv INDEX.

Truro and Provincetown, Towns of, to construct a Bridge over East

Harbor, ........ Page 220

Trustee Process, relating to, ..... . 536

Trustees of African Methodist Episcopal Churches, concerning, . 433
«' of the Brimfield Free Grammar School, to change the name to

the Hitchcock Free Grammar School, . . . 231

" of the Funds of Trinity Church, in Bridgewater, to incori^orate, 128
" of the Punchard Free School, in Andover, in addition to Act

incorporating, . . . . . . 39

" for'the State Lunatic Hospitals, establishing Boards of, and in

addition to Acts concerning Lunatic Hospitals. . . 160

" of the State Lunatic Hospitals, relating to the appointment of, 16

<' under Railroad Mortgages, relating to, . . . . 520

" of the Wesleyan Church, in Duxbury, to incorporate, . . 480
" of the Worcester District Methodist Episcopal Church Camp-
Meeting Association, incorporated, . . . 01
Trust Funds, certain, Resolve on Petition of William Greenleaf, to pay

over, ......... 275

Tucker, Abner R. and others, to plant Oysters in Apponigansett River, 478
Turnpike, Braintree and Weymouth, and the Neponset Bridge, con-
cerning, ....... 656

" Corporation, Brush Hill, concerning, , . . 486

•' Corporation, Norfolk and Bristol, concerning, . . 53

Unfunded Debt of the Commonwealth, provision made for, . . 151

Union Bank, in Haverhill, to increase the Capital Stock of, . . 504
<' of the Charles River Railroad and the New York and Boston
Railroad Companies, confirming, and extending the time for

locating and constructing, . . . . . 153

" Young Men's, of Salem, to incorporate, . • . . 403, 445

United States Chemical Manufacturing Company, authorized to change

their name and location, .... 38

'< " Hotel Company, at Lawrence, to incorporate, . . 433
" " Jurisdiction over certain Lands on Billingsgate Island,

ceded to, ...... 472

" " Jurisdiction over certain Lands and Shoals in the City and

Harbor of New Bedford, ceded to, . . . 51
" " Jurisdiction over certain Lands and Shoals in the City and

Harbor of New Bedford, ceded to, additional Act, . 473

" " Telegraph Company, to incorporate, . . . 459

Universalist Sabbath School Union, to incorporate, ... 6

Uxliridge and Northbridge, changing the line between the Towns of, . 80

Vacancies in School Committees, concerning, .... 51,614
Venue of Certain Actions, relating to, . . . . . 36

Vermont and Massachusetts Railroad Company, concerning, . . 30

INDEX.

Ixv

Vermont and Massachusetts Railroad Company, addition to Act con-
cerning, ........ Page 148

Vessels, certain classes of, exempted from Compulsory Pilotage, . 555

Voters, Legal, and Inhabitants of the Commonwealth, Act for taking the

Census of, ....... . 439

Votes, Returns of, in relation to, . . . . . . 189, 640

Walker, Galen C, and Solon H. Tenney, late Deputy- Warden, and

Warden of the State Prison, Resolve in favor of the Families of, . 660

Walthara and Watertown Railroad Company, concerning, . . 488

Wamsutta Bank, in Fall River, to incorporate, . . . . 191

Ward, B. C, W. C. Barstow, E. S. Rand and C. C. Gilbert, to extend

their Wharf, . . . . . . . . 22, 45

Warden and Deputj'- Warden of the State Prison, (late,) Resolve in

favor of the Families of, . . . . . , 660

Ware River Railroad, to extend the time for building, . . . 477
Warehara and Sandwich, for the preservation of Fish in Buzzard's Bay,

within the Towns of, . . . . . . 102

W^arren Bank, to increase the Capital Stock of, . . . . 518

" Bridge, to discontinue a Crossing, at grade, upon, and for other

purposes, . . . . . . 475

" " relating to, ...... 462

" and Charles River Bridges, Agent authorized to lease a Wharf

adjoining Warren Bridge, . 243

" " " " concerning, .... 205

Washington, Birthday of, Resolves relative to the observance, . . 258, 658

Waste, to prevent, . . . . . . . 20 1

Water Company, Lenox, to incorporate, ..... 540

'« Fitchburg Gas Company to supply the inhabitants of Fitchburg

with,. . . , . . . . 113

" pure, in addition to Act to supply the City of Worcester with, . 109

'< Works, Cambridge, concerning, . . . . . 221

" " Charlestown, concerning, .... 633

Watts, Francis O., and John B. Alley, Executors of the Will of Sarah

B. Foster, Resolve on Petition of, . . . . . 680

Ways across Muddy River, Commissioners of Norfolk County, and

others, to lay out, . . . , . . 463
" across Railroads, relating to Powers of County Commissioners in

laying out, ....... 633

" Public, relating to Land taken for, . . . . 481

" or Streets, pasturing of Cattle in, relating to, . . . 453

Webster Institute, in the City of Cambridge, to incorporate, . . 36

WellUeet, Selectmen of, to build a Bridge, . . . . 114

Wenham, Ipswich River Fisheries in the Town of, to protect, . . 28

Wesleyan Church in Duxbury, Trustees of, to incorporate, . . 480
West Boston and Canal Bridges, Hancock Free Bridge Corporation

authorized to surrender, to the City of Cambridge, . . 600

Ixvi

INDEX.

West Cambridge, First Congregational Parish in, to enclose their Land,
*' " Horse Railroad Company, to incorporate,

" Newbury, Second Parish in, concerning the Parsonage Lands of,
«' •' Second Parish in, to dispose of their Burial Grounds,

" Roxbury, Burying Ground in, relative to,
" " Railroad Company, to incorporate,

" ♦' " " in addition to Act incorporating,

Westborough, State Farm at, Resolves in favor of,

" State Reform School for Boys at, Resolve in favor of.

Western Avenue Railroad, to extend the time for constructing, .

" Massachusetts, Hospital for Insane, in addition to Act estab

lishing, ....
«« «' Hospital for Insane, to amend Act establishing

Westfield Academy, an Agricultural Department in, to aid in the estab
lishment of, .
" " to amend the Charter of,

" State Normal School-house at, concerning,
Weweantitt River, Bridge over. County Commissioners of Plymoutli, to

lay out a Highway and construct.
Wharf, Abraham Read and others, to build, in Fall River,

" adjoining Warren Bridge, Agent of Charles River and Warren

Bridges to lease, ....
" Augustus C. Carey, to build,
" belonging to the Heirs of George Parkhurst, deceased, David

Low, to extend, ....

" Benjamin H. Breitt and Barnabas S. Young, to build,
" Charles and Nathaniel Friend, to extend, in Gloucester,
" Company, Lincoln, to incorporate,
" " North American Depot, to incorporate,

«' " Phillips, in Salem, to incorporate,

" Daniel B. Tarr and others, to build,
" Daniel Crowley, to extend,
«' Donald McKay, to build,
«' Francis Butters and others, to build,
♦' Francis Small, to extend,
•* George Dunham and another, to build, .
♦' Heirs of the late John Curtis, to extend, in Boston,
«' Henry F. Pitman, to extend,
" Hiram Brooks, to extend,

" India, Proprietors of, in addition to Act incorporating,
*' James G. Tarr and others, to extend,
" Job T. Wilson, to build, in Fall River, .
" John Gary, to extend, ....
" John N. Swazey, to extend, in Lynn,
<' John Perkins and others, to build,
" John Pew, to extend, in Gloucester,
" Joseph and Samuel K. Friend, and Frederick Norwood, to ex-
tend, ........

Page 107

593

620

116

564

279, 665

677

628
628

83
472
280

90
432

243
63

112

472

452

511

149

431

236

467

432

640

473

481

464

425

435

120

INDEX.

Ixvii

Wharf, Luther Drew, to build, ....

" Samuel J. Goodwin, to build, in Swainpscott, .
" Shaw Norris, to build, ....

" Tisdale Drake, to extend, in Boston,

« W. C. Barstow, B. C. Ward, E. S. Rand, and C. C. Gilbert, to

extend,
«• " B. C. Ward, E. S. Rand, and C. C. Gilbert, to

extend, additional Act,
" William G. Johnson, to build, in Rowley,
" Zeno Crowell, to build, ....

Wharves, Albert Bowker, Joshua Bates, to build and extend,
Wheeler, Augustus and Lucy, Resolve on Petition of, .
Wife, Husband and, concerning, ....

Wilkins, John H., H. B. Rogers and Francis B. Fay, Resolve in favor of,

Williams House Company, to incorporate,

Williston Seminary, in addition to Act incorporating,

Wilmington, Resolve in favor of the Town of, .

Wilson, Job T., to build a Wharf in Fall River,

Winchester, First Congregational Society of, name changed from South

Congregational Society, of Woburn,
Winnisimmet Railroad Company, to incorporate,
Witnesses, parties in Civil Actions enabled to be,

" parties in Civil Actions and Proceedings, enabled to be,

Woburn Bank, to increase the Capital Stock of, .
" First Baptist Church, to incorporate,
•' South Congregational Society, name changed and authorized
to hold Property, ......

Women, Aged, to incorporate the Society for the relief of, in Salem,
" Married, who are insane, authorizing release of Dower in

behalf of, . .

" *' to protect the Property of, additional Act,

" New England School of Design for, Resolve in aid of,
•' New England School of Design for, additional Resolve in aid of,
Woods, Charlotte A., Guardian, Resolve on Petition of.
Wood worth's Planing Machine, Resolves relating to.
Woolen Manufacturing Company, Belvidere, in addition to Act incor
porating, .......

AVorcester, City of, in addition to Act to supply with pure Water,
" City of, to amend an Act in addition to Act establishing,

*• City of, in further addition to Act establishing,

" County Commissioners, to borrow Money, .

" " Criminal Courts in, concerning,

" ♦* Mechanics' Association, in addition to Act incorpo

rating, ......

" Court of Common Pleas in the County of, to establish addi

tional Terms, .....

" District Methodist Episcopal Church Camp-Meeting Associa

tion, Trustees of, incorporated, .

Page 241
443

38
635

Ixviii

INDEX.

Worcester District Methodist Episcopal Church Camp-^Meeting Associa-
tion, to change the name to Sterling Camp-Meeting
Association, ....
" Peat Company, to incorporate,

" Police Court of, concerning, .

" Probate Courts in the County of, in relation to,

" Rural Cemetery, in addition to Act incorporating the Pro

prietors of, ... .

" South Agricultural Society, Kesolve in favor of,

" Young Men's Library Association, in addition to Act incor

porating, ....

Worthless Bank Bills, in relation to, .
Wrecking Company, Boston Submarine, to change the name to Boston

Relief and Submarine Company, and increase the Capital Stock,
Wrentham Bank, to increase the Capital Stock of,
Wright, Ansel, and George F., of Northampton, Deputy- Sheriffs

Resolve in favor of, .
Writs, relating to the Return of, in Civil Actions before Justices of the
Peace and Police Courts, ....

Page 479

128

98, 404

32
258

oGS

422
529

290
48

Young, Barnabas S., and Benjamin H. Breitt, to build a Wharf, . 112

" Isaiah B., Resolve in favor of, . . . . . 684

" Men's Christian Association, Fall River, to incorporate, . 473
" " Library Association, of Worcester, in addition to Act

incorporating, ..... 2C

" " Union, of Salem, to incorporate, .... 403, 445

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