Acts and resolves passed by the General Court

ACTS

RESOLVES

PASSED BY THE

^enrral C01UI of l|Tiis$arI)usctts,

IN THE YEARS

I808, '69:

TOOETHEK WITH

THE CONSTITUTION, THE MESSAGES OF THE GOV-
ERNOR, LISTS OF THE CIVIL GOVERNMENT,
CHANGES OF NAMES,

ETC., ETC., ETC.

PUBLISHED BY THE

SECRETARY OF THE COMMONWEALTH.

../

BOSTON:

WILLIAM WHITE, PRINTER TO THE STATE.

1 8 6 o.^-rr

A CONSTITUTION

FORM OF G () Y E R N ^I E N T

cCommontDcaltb of ?!lassachsttts.

1>RK A M i; I. K.

The eiul of the institution, maintenance and administra- objrruofgoT-
tion of «roviTnnjent, is to secure the existence of the liody ""•"•"*
politic: to protect it, and to furnish the individuals who
compose it, with the j>ower of enioyinL^ in satcty and tran-
quillity, their natural rights, and the Messin'is of life : and
whenever these great ohjects arc not ohtained, the people
have a right to alter the government, and to take measures
necessary for their safety, prosperity and happiness.

The body Dolitic is formed by a voluntary association of Bo.>y politic how

•'' ., ^ . I'l'ii 11 formed.

individuals; it is a social compact, by which the wliole peo- lu, nature.
pie covenants with each citi/en, and each citizen with the
whole peoj.le, that all shall be governed l)y 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 mav, 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 affording us, in the course of his provi-
dence, an opportunity, deliberately and peaceably, without
fraud, violence or surprise, of entering into an original,
explicit and solemn compact with each other ; and of form-

IV 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 arc bom free and equal, and have
of au'^men!^ '^ ccrtaiu natural, essential and unalienable rights ; among
which may be reckoned the right of enjoying and defending
their lives and liberties ; that of acquiring, possessing and
protecting property ; in fine, that of seeking and obtaining
their safety and happiness,
Spubiic°eiigious II- It is the right as well as the duty of all men in
worship. society, publicly, and at stated seasons, to worship the

SUPREME BEING, the great Creator and Preserver of the
Protection there- uuiversc. And uo subjcct 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, jn^ ^g thg happiucss of a pcoplc, aud thc good ordcr
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
poweiodTo cZ: "^ P^?^^' religion and morality : Therefore, to promote their
''uburworshi V ' li^Ppiness, and to secure the good order and preservation of
pu icwors ipi ^j^gj^ 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,
authorize and require, the several towns, parishes, precincts
and other bodies politic, or religious societies, to make
suitable provision, at their own expense, for the institution
of the public worship of GOD, and for the support and
mamtenance of public Protestant teachers of piety, religion

CONSTITUTION. v

and morality, in all cases where sucli 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!'*'s'eT anS-
upon all the subjects an attendance upon the instructions of '^'™'^' ^'^*^'^i-
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 right of
ishes, precincts and other bodies politic, or religious societies, tg^chMs secured*
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
public worship, and of the public teachers aforesaid, shall, tlLs^ may*^ be
if he require it, be uniformly applied to the support of the ^*'*^' ""'''''"' ^'''
public 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 the support see amendments,
of the teacher or teaciiers of the parish or precinct in which ^"^'-^i-
the said moneys are raised.

And every denomination of Christians, demeaning them- au denomina-
selves peaceably, and as good subjects of tlie Commonwealth, tected.'^"''''^ '"'°"
shall be equally under the protection of the law : and no subordination of
subordination of any one sect or denomination to another onesecttoanoth-

T n 1 1 T 1 T 1 T er prohibited.

shall ever be established by Jaw.

IV. The people of this Commonwealth have the sole and Right of seifgov-
exclusive right of governing themselves, as a free, sovereign emment secured.
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 a.nd officers of *"" °*°'"^^' ^'=-
government, vested with authority, wliether 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 ,-,°g'the''oniy''ti'tie
exclusive privileges, distinct from those of the community, to peculiar privi-
than what arises from the consideration of services rendered offices arTabsurd
to the public ; and this title being in nature neither heredi- *"^ """^'"'^i-
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.

VI CONSTITUTION.

Objects of gov- VII. Government is instituted for the common good ;

of°pTopie't"1n- for the protection, safety, prosperity and happiness of the

change it^""* pcoplc ; 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 VIII. In Order to prevent those who are vested with

to secure rotation ji-./. i • ,i ii -i,

in office. authority, irom becomnig 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.

t^he'quaStions ^^- ^^\ elcctious ought to bc free ; and all the inhabi-

prescribed.equai- taiits of tliis Commonwcalth, having such qualifications as

fice. they shall establish by their frame of government, have an

equal right to elect officers, and to be elected, for public

employments.

Right of protec- X. Eacli individual of the society has a right to be

tion and duty of ..11 -, • ,1 • , /• i • t ^ 1 • 1 , t

contribution cor- protected by it 111 the enjoyment oi Ins liie, liberty and
property, according to standing laws. He is obliged, con-
sequently, to contribute his share to the expense of this

onTonsent!"''^^'^ protection ; to give his personal service, or an eqnivalent,
when necessary : but no part of the property of any indi-
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 tlieir constitutional representative body have

Private property giveii their couscnt. And whenever the public exigencies

not to be taken " . i,, n .,..,,', iii

for public uses requirc that the property oi any individual should be appro-

without, &c. ,,..;„i^,l x it 1 1 ii • 11

pnated to public uses, he shall receive a reasonable compen-
sation therefor.
c!f.^sftoth^/iaw^ XI. Every subject of the Commonwealth ought to find
p°ete*'andpVom'"t ^ certain remedy, by having recourse to the laws, for all
injuries or wrongs which lie may receive in his person,
proj)crty 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- XH. No subjcct shall bc hcld 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. vii

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 ?jy^*j*%*jj^|^^y
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.

Xlli. In criminal prosecutions, the verification of facts, J™j*°j^^
in the vicinity where they happen, is one of the greatest vicinity.
securities of the life, liberty and property of the citizen.

XIV. Every subject has a right to be secure from all ^^f tj/Jf/^gi*.
unreasonable searches and seizures of his person, his houses, uiated.

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.

XV. In all controversies concerning property, and in all ^^^^^^°^^^^^ ^^,
suits between two or more persons, except in 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 blarLm^^sterfd*-
for the common defence. And as, in time of peace, armies ing armies dan-
are dangerous to liberty, they ought not to be maintained poweT' subordY
without the consent of the legislature; and the military ''^'* *"'''''"•
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

VIII CONSTITUTION.

ought, consequently, to have a particular attention to all

those principles, in the choice of their officers and represen-

Morai obligations tativcs : and they have a right to require of their lawgivers

magirtmtes! ^"^"^ ^^^^ 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 XIX. Tlic pcoplc liave a right, in an orderly and peace-

to instruct repre- ,, iij i^ ji i

sentatives and able mauucr, to assemble to consult upon the common good ;

peti^tion legisia- ^^^^ instructious 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 suspcndiug the laws, or the execution

executTon°'^ ^^^^ of the laws, ouglit 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
provide for.

Freedom of ^de- XXI. Thc frccdom of deliberation, speech and debate,

reason thereof, in citlicr liousc of tlio 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 wliatsoever.

Frequent ses- XXII. Thc legislature ought frequently to assemble for

sions, and ob- i, . „'-' . ,.

jects thereof. tlic rcdrcss 01 grievauccs, for correctnig, strengthening and
confirming the laws, and for making new laws, as the com-
mon good may require.

Id oncZsenr*^" XXIII. No subsidy, charge, 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.

^owbited'"^*^^ X^IV. Laws made to punish for actions done before
the 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.

eonlfc^t'"of Tre*a° XXV. No subjcct ought, iu any case, or in any time, to

son, &c. be declared guilty of treason or felony by the legislature.

Excessive bail or XXVI. No magistrate or court of law shall demand

fines, and cruel . , ., '-',.. . ^ • n- j

punishments pro- cxccssive bail Or surctics, nnpose excessive hues, or innict

hibited. cruel or unusual punishments.

No soldier to be XXVII. In time of peace, no soldier ought to be quar-

quartered in any ,-,. , ..^ ' c t i •

house, unless, terccl lu any house without the consent oi 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.

fromTaw-maS* XXVIII. No pcrsou cau iu aiiy case be subjected to

unless, &c. ' law-iuartial, or to any penalties or pains, by virtue of that

CONSTITUTION. ix

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 Jufiges 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 "^^^^^ °^ ^^^'"^
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 they should have honorable salaries salaries.
ascertained and established by standing laws.

XXX. In the government of this Commonwealth, the separation of ex-

GCutivG iudicm>I

legislative department shall never exercise the executive and legislative
and judicial powers, or either of them : the executive shall '^'^p*'^''"'*"'^-
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.

The people, inhabiting the territory formerly called the Title of body
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 Legislative de-
by two branches, a Senate and House of Representatives ; ^^^ ""*" "
each of which shall have a negative on the other.

X CONSTITUTION.

See amendments, TliG legislative body sliall assenible 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 of Massachusetts.

QoTernor's veto. jj^ ]s^Tq ^^qj qj. rcsolvc of the scuatc 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
records, and proceed to reconsider the said bill or resolve :

Bill may be pass- but if, aftcr sucli rcconsideration, two-thirds of the said

ed by two-thuds '. „ . in -i ti

of each house, scuatc Or liousc 01 represcutatives, shall, notwitnstandnig the
san ing. ^^-^ objcctious, agrcc 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,
seeamendments, And iu Order to prcvcut uuneccssary delays, if any bill
or resolve shall not be returned by the governor within five
days after it shall have been presented, the same sliall have
the force of a law.
General court III. The general court shall forever have full power and
judfcatories!""'*' authority to erect and constitute judicatories and courts of
courts of record, record, or other 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 things, 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
administer o'athT '^^^^^"S "^^^^ of exccutiou thcreupou : to which courts and
judicatories are hereby given 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. ' -' xi

IV. And further, full power and authority are hereby General court

, J. 1 J. J.1 'J 1 J. r- .• . ™ay enact laws,

given and granted to the said general court, trom time to &c.,
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
tutioii, as they shall judge to be for the good and welfare of ^^ '^°''^ ' " '°° -
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 tlie government thereof ; and may provWe for
to name and settle annually, or provide by fixed laws, for appointmen" 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 '\"'''''' ''"'^ ^'^■
impose and levy reasonable duties and excises upon any
produce, 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 to be disposed of
the hand of the governor of this Commonwealth for the time [ectilTu^&c; ^'°'
being, with the advice and consent of the council, for the
public service, in the necessary defence and support of the
government of the said Commonwealth, and the protection
and preservation of the subjects tliereof, according to such
acts as are or shall be in force within the same.

And while the public charges of government, or any part valuation of es-
thereof, shall be assessed on polls and estates, in the manner jws," a? Teart*)
that has hitherto l)eeii practiced, in order that such assess- ^^^^'^' ^^■
ments may be made with equality, there shall be a valuation
of estates within the Commonwealth, taken anew once in
every ten years at least, and as much oftener as the general
court shall order.

XVI

XII CONSTITUTION.

CHAPTER I.

SECTION II.

Senate.

Senate, number Art. I. There sliall be auiiiially elected, by the free-
eiected. holdeis aiid other inhabitants of this Commonwealth, qiial-

Seeametiduients, ified as iu tliis constitiition is provided, forty persons to be
A^ts. XIII. and 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
district be so large as to entitle the same to choose more
than six senators.
Counties to be Aud the scvcral counties in this Commonwealth shall,

districts, until, .m ^i i i n i • i

&c. until the general court shall determine it necessary to alter

Arte*™xii™''and thc 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

senators, viz. : —

Suffolk, .... six. I York, .... two.

Essex, .... six. Dukes Co. and Nantucket, one.

Middlesex, .... five. | Worcester, . . . five.

Hampshire, . . . four.

Plymouth, .... three.
Barnstable, . . . one.

Bristol, .... three.

Cumberland, . . . one.
Lincoln, .... one.
Berkshire, .... tvfo.

ofX^rVe^a! ^^- "^^^^ senate shall be the first branch of the legisla-
tors and council- ture ; and the senators shall be chosen in the followino-

lors

See amendment
Arts. II. ,X., XIV

manner, viz. : there shall be a meeting on the first Monday

ill April, annually, forever, of tlie inhabitants of each town

and XV.' ill 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

Arte^.'"ni'"*'and ^^ elcctiug persons to be senators and councillors ; and at

XX. such meetings every male inhabitant of twenty-one years of

age and upwards, having a freehold estate, within the Com-

CONSTITUTION. xiii

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. A)id 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 ^ngt!*' o""" meet-
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 Totes.
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 sheriff of the county see 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 plantations, who
empowered and required to assess taxes upon themselves -^Yy tote* *'^^*^'
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 se^eamendments,
assessors thereof shall direct ; which assessors shall have
like authority for notifying the electors, collecting and tifytTc.*
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

XIV 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 tliat purpose, accordingly.
GoTernor and HI. And that tlicrc may be a due convention of senators
amin"!ina count on tlic last Wednesday in May, annually, the governor, with
Ji^mmonses.'^^"" fivo of the couucil, for the time being, shall, as soon as may
See amendments ^^' examinc thc rctumed copies of such records ; and four-
Art. x. ' 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 tlieir 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
summons to the persons so elected, that they may take their
seats as aforesaid.
Senate to be IV. Thc scuato sliall loQ the final judge of the elections,
eiections^^&c°f rctuHis and qualifications of their own members, as pointed
bers^"'^'""^"'" out in the constitution ; and shall, on the said last Wednes-
day in May, annually, determine and declare who are elected
Art. X. ' 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 district,
the deficiency shall be supplied in the following manner.
Vacancies, how viz. : Thc mcmbers of the liouse 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 sucli 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. Provided, nevertheless, that no person shall be capa-
see^amendments, blc of being clccted as a senator, who is not seized in his
Art. xiH. Q^yj^ ^.jgl^l- Qf g^ 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. xv

VI. The senate shall have power to adjourn themselves ; senate not to ad-
provided such adjournments do not exceed two days at a two'^days.'^^
time.

VII. The senate shall clioose its own president, appoint shaii choose us

., cr- T 1 i • -i 1 i? 1 • officers and ea-

its own oihcers, and determine its own rules oi proceedings, tabiish its ruies.

VIII. The senate shall be a court, with full authority to peachmJot? '""
hear and determine all impeachments made by the house of
representatives, ag-ainst 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 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
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 Q"o™™-
constitute a quorum for doing business.

CHAPTER I.

SECTION III.

House of Representatives.

Art. I. There shall be, in the legislature of this Com- Representation of
mon wealth, 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 seeln°™dnient°,'
of equality, every corporate town, containing one hundred andxx"'^"^'
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 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

^ towns ll£lTlD&r

not having one hundred and fifty ratable polls, may elect less tiian 150
one representative ; but no place shall hereafter be incorpo- '''^'^'''^ p°"*
rated with the privilege of electing a representative, unless
there are within the same one hundred and fifty ratable
polls.

XVI CONSTITUTION.

Towns liable to Aiid tliG liouse of representatives shall have power, from

fine in case, &c. ,. ,,• ,. n i, in

time to time, 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 cxpeuscs of travelling to the general assembly, and
theglneraicouT rctuming liomo, once in every session, and no more, shall
how paid. |jg pg^l^j \^j ^Y^Q 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.
Quaiiflcations of HI. Evcry member of the house of representatives shall
seeamen^dnfeutsi bc clioseii by writtcii votcs ; aiid, for one year at least next
xiv! ^^^^' ^""^ 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 he shall cease to represent the said town,
immediately on his ceasing to be qualified as aforesaid.
Qualifications of YV ^ Every male person, being twenty-one years of age,
and resident in any particular town in this Commonwealth,
AH^™ni°^^aud for the space of one year next 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, Y. Thc mcmbcrs of tlic liousc of representatives shall
See amendments, bc choscii aiinually ill tlic moutli of May, ten days at least
Arts.x.andxv. \^q^q^q ^^^q ^^^^ Wcducsday of that month.

STpefch^"^^ '^^^ ^^- The house of representatives shall be the grand
inquest of this Commonwealth ; and all impeachments made
by them shall be heard and tried by the senate.

House to origi- VII. All iiioiiev bills shall orio-inate in the house of rep-

nate all money , ,. i , ,i , -^

bills. resentatives ; but the senate may propose or concur with

amendments, as on other bills.
more°thantwo ^HI- Tlic. housc of representatives shall have power to
days. adjourn themselves ; provided such adjournment shall not

exceed two days at a time.
Quorum. IX. Not Icss than sixtv members of the house of repre-

Art. XXI. ' sentatives shall constitute a quorum for doing business.
House to judge of X. The liousc of representatives shall be the judge of
Hs'own*mem*ber?f ^hc rctums, elcctious and qualifications of its own members,
cerl'ln'deitabu^h ^^ polutcd out iu thc coustitutiou ; shall choose their own
its rule?. &c. speaker, appoint their own officers, and settle the rules and
certain" ffences""^ ordcrs of proceeding in their own house. They shall have

authority to punish by imprisonment, every person, not a

member, who shall be guilty of disrespect to the house, by

CONSTITUTION. xvii

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 tlierefor ; 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 tlie 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.

XL The senate shall have the same powers in the like Governor and
cases ; and the governor and council shall have the same punish. "''^
authority to punish in like cases: provided, that no impris- General iimua-
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 Triai may be by

T, . 11 , ±^ • • 1 A -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 way 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 ms title,
shall be — His Excellency.

II. The governor shall be chosen annually; and no to be chosen
person shall be eligible to this office, unless, at the time of his Qu"uficItion8.
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 amendmenta,
Christian religion.

3

XVIII CONSTITUTION.

By whom chosen, III. Tliose persons who shall be qualified to vote for

joruy^'oTvotes"^''' seiiatoFs aiid representatives, within the several towns of

, this Commonwealth, shall, at a meetino- to be called for that

See amendments, ' ■" ~ . . .

Arts ir.,x.,xtv. 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 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
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 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, ^"^ publishcd ; but if no person shall liave a majority of
hMamr-orH^°° votcs, thc liousc 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- IV. Tlic govcriior shall liavc authority, from time to
ernor"and^coun- timc, at liis discrctioii, to asscmblc and call together the
c'l- 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, ccdiug tlic last Wcducsday iu May ; and, in the recess of
Art. X. ii^Q ga^i(j court, to prorogue the same from time to time, not

exceeding ninety days in any one recess ; and to call it

CONSTITUTION. xix

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 seeamendmeuts.
the day next preceding the last Wednesday in May. ^''^' ^'

VI. In cases of disagreement between the two houses, Governor and

., , , ., T .. PI' council may ad-

with regard to the necessity, expediency, or time oi adjourn- joum the general
ment or prorogation, the governor, with advice of the coun- &".! but^noTe^'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

11111 -\ • ^ ' f r 1 -I commander-in-

bemg, shall be the commander-in-chiei oi the army and navy, chief.
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 wliatsoever, 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 ships, arms, ammunition and other
goods, as shall, in a hostile manner, invade or attempt the
invading, conquering, or annoying this Commonwealtii ;
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.

XX CONSTITUTION.

Limitation. 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.
Governor and VIII. The powcr of pardouing offences, except such as
don offences, ex- pcrsous may bc couvictcd of before the senate, by an impeach-
cept, &c. iBcnt of the house, shall be in the governor, by and with the

But not before advicc of couiicil I but uo chartcr of pardon, granted by the

conviction. ' . -i i c " . . i ii

governor, with advice of the council, beiore 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.
All judicial offi- IX. All judicial officers, the attorney-general, the solici-
nom'ina^e''d and toi'-gciieral, all slicriffs, coroners and registers of probate,
appointed. sliall bc nomiuatcd and appointed by the governor, by and

See amendments, •., -, . -, n ^ •^ i

Art8.xiv.,xvii. 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.

Militia officers, X. Tlic captaius aiid subalterns of the militia shall be

elected by the written votes of the train-band and alarm list

se^eamendments, ^f i[^q[j. respcctivc companics, of twenty-ouc 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 ;

Howcommis- 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.

Major generals, Thc major-gcuerals shall be appointed by the senate and

and ^commiv ^^o^isc of representatives, each having a negative upon the

sioned. otlicr ; and be commissioned by the governor.

Vacancies, how Aiid if tlic clcctors of brigadicrs, field officers, captains

&c^ ' *° '^^^^' 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.

commhsion5 •'^"^ "^ officcr, duly commissioncd to command in the

bow removed.' militia, sliall be removed from his office, but by the address

CONSTITUTION. xxi

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 quartermasters ; the brigadiers their brigade- '^°'^ "''>J°™*''''-
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 CommouAvealth
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
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

1 • r^ 11 IT ■\ 1% ^ 1 drawn from the

this Commonwealth and disposed oi (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 &<!^"^to°''X'ke
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, 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 may be ;
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, dispatches and intelligences of a public
nature, which shall be directed to them respectively.

XXII

CONSTITUTION.

Salary of gov-
ernor.

Salaries of jus-
tices of supreme
judicial court.

Salaries to be en-
larged, if insuffi-
cient.

XIII. xis the public good requires that the governor
should not be under the undue influence of any of the mem-
bers of the general court, bj a dependence on them for his
support — that he sliould, 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-gov-
ernor; his title
and qualifica-
tions.

Pee 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-
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 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. xxiii

III. Whenever the chair of the governor shall be vacant, Lieutenant - gov-
by reason of his death, or absence from the Commonwealth, "g°gov°ernorf'in
or otherwise, the lieutenant-governor, for the time being, '^^^^^ *•=•
shall, during such vacancy, perform all the duties incumbent
upon the governor, and shall have and exercise all the powers
and authorities, which, by this constitution, the governor is
vested with, when personally present.

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 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 Tho^Tn-^^
Wednesday in May, by the joint ballot of the senators and see amendments,
representatives assembled in one room ; and in case there ^nd x\^' ■^"^'
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-

persons thus elected from the senate, and accepting the trust, th^rTea^s^to^e

shall be vacated in the senate. vacated.

III. The councillors, in the civil arrangements of the ^^^^ "^ '=<'"'»c'i-
Commonwealth, shall have rank next after the lieutenant-
governor.

IV. Not more than two councillors shall be chosen out ?° district to

nave more tban

01 any one district of this 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

XXIV CONSTITUTION.

may insert his opinion, contrary to the resolution of the
majority.
Council to ex- Yl, Whcncver the office of the governor and lieutenant-

ercise the power i 1 1 i i c i i i

of governor, iu govcmor shall 06 vacant, by reason oi deatli, absence, or
case, &c. 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 wlicreas tlic elcctions appointed to be made
a^journe unti , ^^ ^^^j^ coustitutiou, ou thc List Wcducsday 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 sliall be completed. And the order
of elections sliall 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, Commissar?/, SfC.

Secretary, &c. ; Art. I. Thc sccretary, treasurer and receiver-general,
howcT'^oTn. ^""^ and the commissary-general, notaries public and naval offi-
se^eam.mdments, (,^^,3^ shsiW bc choscu anuually, by joint ballot of the senators
xvii. and representatives, in one room. And, that the citizens of

Treasurer ineiigi- tliis Commouwealth may be assured, from time to time, that
five "su'^^eTsiv'T" ^hc moucys 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. The rccords of tlic Commouwealtli shall be kept in
the°governor Ind thc officc of tlic sccrctary, who may appoint his deputies, for
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. xxv

CHAPTER III.

JUDICIARY POWER.

Art. I. The tenure, that all commission officers shall by Tenure of aii
law have in their offices, shall be expressed in their respec- offi^^rirbt
tive commissions. All judicial officers, duly appointed, ju^^ciai**" officers
commissioned and sworn, shall hold their offices during good to hold office dur-
behavior, excepting such concerning whom there is different v'ior,^e°x°cept, &c'
provision made in this constitution: provided, nevertheless, ^^^ ^^y be re-
the governor, with consent of the council, may remove them moved on address
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 cou"^ to give
the justices of the supreme judicial court, upon important req^red. '^''*''
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 thei^ifflcr.""^^ °
shall fail of discharging the important duties of his office

with ability or fidelity, all commissions of justices of the
peace shall expire and become void, in the term of seven
years from their respective dates ; and, upon the expiration
of any commission, the same may, if necessary, be renewed,
or another -person appointed, as shall most conduce to the
well being of the Commonwealth.

IV. The judges of probate of wills, and for granting Provisions for
letters of administration, shall hold their courts at such courts^ ^'° *
place or places, on fixed days, as the convenience of the

people shall require ; and the legislature shall, from time to
time, hereafter, appoint such times and places ; until which
appointments, the said courts shall be holden at the times
and places which the respective judges shall direct.

V. 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, di-
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, '^°°^''®**'
annually, be elected by the joint ballot of the .senate and

4

XXVI 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 wlsc 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

Powers, priviieg- the otlicr United States of America, — it is declared, that the

president a°nd fel^ PRESIDENT AND FeLLOWS OF HARVARD CoLLEGE, in their

ows, confirmed, 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, 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 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 chartcrs successively ; it is declared, that all the
&c., confirmed, g^^j^ gifts, grauts, dcviscs, Icgaclcs and conveyances, are
hereby forej^er confirmed unto the president and fellows of

CONSTITUTION.

XXVII

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 tliou-
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 tlie 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, who shaii be
council and senate of this Commonwealth, are, and shall be °''^^^^^-
deemed, their successors ; who, with the president of Harvard
College, for the time being, together with the ministers of
the congregational churches in the towns of Cambridge,
Watertown, Cbarlestown, 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, Power of aitera-
that nothing herein shall be construed to prevent the legis- the"ieg1^ktiLe.*°
lature of this Commonwealth from making such alterations
in the government of the said university, as shall be condu-
cive to its advantage, and the interest of the republic of
letters, in as full a manner as might have been done by the
legislature of the late Province of the Massachusetts Bay.

CHAPTER V.

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 traTes^Cf aT^fu-
the preservation of their rights and liberties ; and as these J.""'*' p"'"'**- ^

x^ D . . , , tee amendments.

depend on spreading the opportunities and advantages of -'^^t. xvm.
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

XXVIII CONSTITUTION.

ill 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 atfections, and generous sentiments
among the people.

CHAPTER VI.

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 OF THE CONSTITUTION, &G.

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. :
See amendments, " j^ ^, B.^ (Jq dcclarc, that I belicvc tlic 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, shall, before he enters on the discharge of the
business of his place or office, take and subscribe the follow-
ing declaration, and oaths or affirmations, viz. :

Seeamendments, u J^ J^ ^ ^ ^^ ^^^^^^ ^^^^ siuCCrcly ackuOwlcdgC, profcSS,

testify and declare, that the Commonwealth of Massachu-

CONSTITUTION. xxix

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, pre-eminence,
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
faithfully 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 swear, ^^
" and abjure,^' " oath or^'' " and abjuration^'' in the first
oath; and in the second oath, the words " swear and^'' and
in each of them the words " <So help me, GOD ;" subjoining
instead thereof, " This I do under the pains and penalties
of perjury.^''

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 before the governor and council for

XXX CONSTITUTION.

the time being ; and by the residue of the officers aforesaid,
before such persons, and in such manner, as from time to
time shall be prescribed by the legislature.
Plurality of offi- H. No govemor, lieutenant-o;overnor, or iudge of the

ces prohibited to . V. . , j. i n i ij .1 'az l

governor, &c., suprcmc judicial court, shall hold any other oihce or place,

except, &c. 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.

Same subject. ]\Tq persou shall bc 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.

oS'^^"'''^ No person holding the office of judge of the supreme

judicial court — secretary — attorney-general — solicitor-gen-

See amendments, 1 , % 1 • t p 1 r

Art VIII. era! — 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 representa-
tives ; and the place so vacated shall be filled up.
Same subject. ^^d tlic samc rulc 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.
erates'^difquailfi- ^"^ "^ pcrsou shall ever be admitted to hold a seat in
cation. 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.
asce"rtainefr°°ro^ HI- 1^1 ^11 cascs, wlicrc sums of moucy are mentioned in
tionsmayS- ^!"^ constitutiou, the value thereof shall be computed in
creased. sllvcr, at six slulUngs and eight pence per ounce ; and it

CONSTITUTION. xxxi

shall be in the power of the legislature, from time to time,
to increase such qualifications, as to property, of 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 ro-
monwealth of Massachusetts, signed by the governor, and mfssioM. '"^^'
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-
the courts of law, shall be in the name of the Common-
wealth of Massachusetts ; they shall be under the seal of

the court from whence they issue ; they shall bear test of
the first justice of the court to which they shall be return-
able, who is not a 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 cepTj^&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, The 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 may be no failure of justice, or officers of former
danger arise to the Commonwealth, from a change of the tuTueduntii.'^&o'
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, 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

XXXII

CONSTITUTION.

Provision for re-
vising constitu-
tion.

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
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 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
secretary's office, to the several towns, to elect delegates to
meet in convention for the purpose aforesaid.

The said delegates to be chosen in the same manner and
proportion as their representatives in the second branch of
the legislature are by this constitution to be chosen.

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, in all future editions of the said laws.

ARTICLES OF AMENDMENT.

Bill, &c., not ap- Art. I. If any bill or resolve shall be objected to, and
dIyIt'^n'I)'t''to bl- not approved by the governor ; and if the general court shall
gi^suTturi'Tdjourn" adjoum withiu five days after the same shall have been laid
in the mean time, bcforc the govcmor for liis 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.

XXXIII

Art. II. The general court shall have full power and General court
authority to erect and constitute municipal or city govern- charter cities.
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 tlie 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 tlie general court.

Art. III. Every male citizen of twenty-one years of age Qualifications of

dT^.. 1 -, voters for gover-

upwards, (excepting paupers and persons under guar- nor, neutenant-

dianship,) who shall have resided witliin the Commonwealth forTand repre-
one vear, and within the town or district, in which he may ^f.^'^^^j^f • ^^
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 such elections.

Art. IV. Notaries public shall be appointed by the srov- Notaries public,

' . . ' J^^ •' , D how appointed

ernor, in the same manner as judicial omcers 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- '^"acancies in the
monwealth shall become vacant from any cause, during the ry and treasurer,
recess of the general court, the governor, with the advice ^°J^fi"<='i'°°'^^'''
and consent of the council, shall nominate and appoint, i7t.''xvii!'"'°'''

xxxiv 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 tlie
general court.
e°aTmf'Te'T- Wheuevcr the exigencies of the Commonwealth shall
pointed, in case, rcquirc tlic appointment of a commissary-general, he shall
be nominated, appointed and commissioned, in such manner
as the legislature may, by law, prescribe.
Militia officers, ^\[ officers commissioncd to command in the militia, may

how removed. ^^ . , i i • i

be removed from office m sucli manner as the legislature
may, by law, prescribe.

Who mny vote ^rt. V. lu the clcctions of captains and subalterns of

tor captaiiiH and -i. • n i f> i •

Bubaiterns. the militia, all the members oi tlieir respective companies,
as well those under, as those above the age of twenty-one
years, shall have a right to vote.

Oath to be taken Art. VI. lustcad of the oatli of allegiance prescribed
ya o ceis, )L,y ^jjg coustitution, thc 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."
case°&T^"°" '° 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
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-
governor, councillors, senators or representatives, to qualify
them to perform the duties of their respective offices.

ororcef *''"'^ ^^'^' "^^11- 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 ;

CONSTITUTION. xxxv

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
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 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- Amendments to
ticular amendment or amendments to the constitution be made. °'
proposed in the general court, and agreed to by a majority
of the senators and two-thirds of the members of the house
of representatives present and voting thereon, such proposed
amendment or amendments shall be entered on the journals
of the two houses, with the yeas and nays taken thereon,
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 tlie
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 Com-
monwealth.

Art. X. The political year shall begin on the first Wed- of^uticaH?/
nesday of January, instead of the last Wednesday of May ;
and the general court shall assemble every year on tlie 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 tlie session which has heretofore commenced on the last
Wednesday of May. And the general court shall be dissolved "-'"^ termination.
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

XXXVI 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-

norrVuteuant- govemor, scnators and representatives, shall be held on the

w'he'^nTo'be h^id' sccoud Mouday of November in every year ; but meetings

May be aajourn- may bc adjoumcd, if necessary, for the choice of representa-

see amenaments, tivcs, to the ucxt day, aud again to the next succeeding day.

Art. XV. |j^^|. jjQ 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 This article shall go into operation on the first day of
go into operation. q^jj^qI^q^.^ ucxt foUowiug the day when the same shall be duly
ratified and adopted as an amendment of the constitution ;
and the governor, lieutentant-governor, councillors, senators,
representatives, and all other state officers, who are annually
chosen, and who shall be chosen for the current year, when
the same shall go into operation, shall hold their respective
offices until the first Wednesday of January then next fol-
lowing, and until others are chosen and qualified in their
stead, and no longer ; and the first election of the governor,
lieutenant-governor, senators and representatives, to be had
in virtue of this article, shall be had conformably thereunto,
in the month of November following the day on which the
same shall be in force and go into operation, pursuant to the
foregoing provision.
Inconsistent pro- ji^w ^^^g provisious of tlic cxistiug coustitutioii, inconsist-

visions annulled. •i, •• i • • -i ii in

ent with the provisions herein contained, are hereby wholly
annulled.

fsflburJd***^""' ^^^'^' ^^' I'lstead of the 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. xxxvii

legally warned and holden for that purpose, shall ever have
the right to elect their pastors or religious teachers, to con-
tract with them for their support, to raise money for erecting
and repairing houses for public worship, for the maintenance
of religious instruction, and for the payment of necessary
expenses : and all persons belonging to any religious society
shall be taken and held to be members, until they shall file
with the clerk of such society a written notice declaring the
dissolution of their membership, and thenceforth shall not
be liable for any grant or contract which may be thereafter
made or entered into by such society: and all religious
sects and denominations, demeaning themselves peaceably,
and as good citizens of the Commonwealth, shall be equally
under the protection of the law ; and no subordination of
any one sect or denomination to another shall ever be estab-
lished by law."

Art. XII. In order to provide for a representation of the census of ratable
citizens of this Commonwealth, founded upon the principles fn 'i837, ''and^'dT
of equality, a census of the ratable polls in each city, town ^f°g"'''"^ *^'"^®"
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- serame^ndmlTtsi
ceding decennial census of polls, may elect one representa- ^^i ^^^^ ^^^
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

JO r jggg than 300

shall be represented thus: The whole number of ratable ratable pous, how
polls, at the last preceding decennial census of polls, shall be ''^p'^^^^'^^^'^
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 reprelentei!"''
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.

XXXVIII CONSTITUTION.

Towns may unite Aiij two or more of tliG sBveral towns and districts may,
tivedisS?"*'^' 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 Thc govcmor and couucil shall ascertain and determine,
mine the number withiii tlic mouths of July aud August, in the year of our
t^^'whicif ""each Lord ouc thousaud eight hundred and thirty-seven, according
town is entitled, to the forcgoiug 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 tlie ten years, such town may elect a representative ;
New apportion- and the samc shall be done once in ten years thereafter, bv

ment to be made , , -i i i , /. i i 1 1

once in every ten the govcmor and couucil, and the number of ratable polls
^^^^^' in each decennial census of polls, shall determine the number

of representatives which each city, town and representative
district may elect as aforesaid ; and when the number of
representatives to be elected by each city, town or represent-
ative 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.
^slons'annuHed" -^^^ ^^^® provisious of the cxistiug coustitution inconsistent
with the provisions herein contained, are hereby wholly
annidled.

t^anTt'o''bl"taken -^^'^- ^^^^- ^ ccusus of thc inhabitants of each city and
in 1840 and de- towii, ou the first day of May, shall be taken and returned

cennially there- •..i . t rr- ic ,ii,t n t

after, for basis of nito tlic sccretaiy s ofhce, on or beiore the last day oi June,
grnatMrand'rep- ^f tlic year oiic thousQiid eight hundred and forty, and of
resentatives. gvcry tenth year thereafter ; which census shall determine

the apportionment of senators and representatives for the

term of ten years.
S^'dedare'd ^lic scvcral Senatorial districts now existing, shall be per-
SeeamendmentB, "^^^eiit. Thc soiuite shall cousist of forty membors ; and in
Art. XXII. ' ' the year one thousand eight hundred and forty, and every

CONSTITUTION. xxxix

tenth year thereafter, the governor and council 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-

T.,iPi,. t;^ j. -j. sentatives, how

apportioned m the loUownig manner : liivery town or city apportioned.
containing twelve hundred inhabitants, may elect one repre- irt^xxi*^'"''"*^'
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

,111 .11 1 ,j- represented.

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 Common-
wealth, shall be settled.

Any two or more of the several towns may, by consent of Towns may unite

."'. <^ii 1 L , T " ^ J- • '"*-° representa-

a majority oi the legal voters present at a legal meeting, in tsve 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 Basis of represen-

. ... tation, and ratio

elect one representative, and the mean increasing number, of jnoreasa.
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 in-
habitants, 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 Thegovemorand
council shall, before tlie first day of September, apportion tion° the nuiXr
the number of representatives which each city, town and ofetch town once
representative district is entitled to elect, and ascertain how i°everyten 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 published 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 au"ge!**

XL CONSTITUTION.

See amendments, sooii thereafter as may be, by the joint ballot of the senators

Art. XVI. ^^^^ 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-

Quaiiflcations of wisc. No pcrsou sliall bc elected a councillor who has not

been an inliabitant of this Commonwealth for the term of

five years immediately preceding his election ; and not more

than one councillor shall be cliosen from any one senatorial

district in the Commonwealth,

^uriifid^tion^not '^^ possession of a freehold, or of any other estate, shall

required. bc rcquircd as a qualification for holding a seat in either

branch of the general court, or in the executive council.

peo?i!f to Ve*by ^^T. XIV. lu all elcctious of civil officers by the people
plurality of votes, of this Commouwcalth, whose election is provided for by the
constitution, the person having the highest number of votes
shall be deemed and declared to be elected.

Time of annual Art. XV. The mcctiug for the choice of governor, lieu-

ernor and legis- tcnant-govemor, senators and representatives, shall be held

lature. ^^^ ^j^^ 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.

fjshtcOTnciuors ^j^rj^ XVI. Eight couucillors shall be annually chosen by
the people. thc 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.
The 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 eacli decennial State census, thereafter wards, 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,
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,
Legi.Miature to established by the legislature. No person shall be eligible

district state. i,i rn c -ii ii i • ^ ^ • , n

to the ornce ot councillor who has not been an inhabitant oi
the Commonwealth for the term of five years immediately
preceding his election. The day and manner of the elec-

CONSTITUTION. xli

tion, tlie return of the votes, and the declaration of the said of'Jie''c°fo™Xr'
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
there may be no delay in the organization of the government *•!« 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 liis 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-gen- Election of secre-
eral, auditor, and attorney-general, shall be chosen aniuially, auditor and at-
on the day in November prescribed for the choice of gov- thrpJopie'!^'^''^
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, 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 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
6

XLii CONSTITUTION.

manner be filled by choice from the people at large ; but if
such vacancy shall occur at any other time, it shall be supplied
by the governor by appointment, with the advice and consent
of the council. The person so chosen or appointed, duly
qualified in other respects, shall hold his office until his suc-
To qualify within ccssor is choscu and duly qualified in his stead. In case any
ofR^cTtTbedelm^ pcrsou choscu Or appointed to either of the offices aforesaid,
ed vacant. shall ncglcct, 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
Qualifications vacaut. No pcrsou shall be eligible to either of said offices
requisi e. uulcss hc sliall havc bccu an inhabitant of this Common-

wealth five years next preceding his election or appoint-
ment.

School moneys Art. XVIII. All moucys raiscd by taxation in the towns
pned °for \ecu- and citics for the support of public schools, and all moneys
nan schools. which may be appropriated by the State for the support of
common schools, shall be applied to, and expended in, no
other schools than those which 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.

Legislature to Art. XIX. Tlic Icgislaturc shall prescribe, by general

pr6ScriDG for tii6 t /^ / «/ o

election of sher- law, for thc clcction of sheriffs, registers of probate, commis-
probatef &"^ b°/ sioners of insolvency, and clerks of the courts, by the people
the people. Qf i\^q scvcral countics, 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 pcrsoH sliall liavc the right to vote, or be

and°writ'ing"lne- eligible to officc uudcr the constitution of this Common-

ti'oToTvoteri^''" woalth, who shall not be able to read the 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.

voterTan"! oMn' ^^^' ^^^- ^ ccusus of tlic Icgal votcrs of cach city and
habitant", whe°n towu, Oil the first day of May, shall be taken and returned
taken, &c. ^^^^ ^j^g ^^^^ ^f ^j^^ sccrctary of the Commonwealth, on or

CONSTITUTION. xliit

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 eniimeration 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 House to consist
and forty members, which shall be apportioned by the legis- ° """^ "^'
lature, at its first session after the return of each enumeration apportion7&c°
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 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 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 '•"presentatives.
inhabitant of the district for which he is chosen, and shall
cease to represent such district when he shall cease to be an
inhabitant of the Commonwealth. The districts in each

xLiv 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 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.
One hundred shall be prescribed by law. Not less than one hundred
qiwrum. membcrs 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.

Census, &c. ^j^rp_ XXII. A ccusus of thc legal voters of each city

and town, on the first day of May, shall be taken and returned
into the oflfice 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 betwceu tlic taking of the census. The senate shall consist
slnatS to-' of forty members. 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, however, that no town or ward of a city shall be
divided therefor; and such districts shall be formed, as
nearly as may be, without uniting two counties, or parts of
Qualifications of two Or morc countics, into one district. Each district shall
senators. ^j^^^ ^^^ scuator, who shall have been an inhabitant of this

Commonwealth 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
aquOT^.''"'^^'"' ^^^^^ *^ ^® ^^ inhabitant of the Commonwealth. Not less
than 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.

CONSTITUTION. xlv

Art. XXIII. No person of foreign birth shall be entitled Residence of two
to vote, or shall be eligible to office, unless he shall have naturalized citi-
resided within the jurisdiction of the United States for two suftage'o°r''m'ake
years subsequent to his naturalization, and shall be otherwise eiigiwe to office.
qualified, according to the constitution and laws of this
Commonwealth : provided^ that this amendment shall not
aifect the rights which any person of foreign birth possessed
at the time of the adoption thereof; and provided, further,
that it shall not affect the rights of any child of a citizen of
the United States, born during the temporary absence of
the parent therefrom.

[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.

XLVi CONSTITUTION.

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.

The twenty-third Article of Amendment was adopted by the legisla-
tures of the political years 1858 and 1859, respectively, and ratified by
the people on the ninth day of May, 1859.]

INDEX TO THE CONSTITUTION.

A.

Page.

Adjutant-General, how appointed, xxi

Adjutants of Regiments, how appointed, xxi

Affirmations. See Oaths and Affirmations,

Agriculture, Arts, Commerce, &c., encouragement of, . . . . xxviri

Amendments to the Constitution, how made, .... xxxv, xlv

Apportionment of Councillors, ........ xl

" of Representatives, . . xv, xxxvii, xxxviii, xxxix, xliii

" of Senators, ....... xii, xxxviii, xliv

Armies, Standing, should not be maintained without consent of Legisla-
ture, vir

Arms, Right of People to keep and bear, vii

Articles of Amendment, xxxn

Attorney- General, how appointed, xx

" how elected, xli

" Qualifications of, ...... . XLii

" Vacancy in Office of, how filled, .... xli

Attorneys, District, how chosen, xlii

Auditor, how chosen, .......... xli

" Qualifications of, xlii

•' Vacancy in Office of, how filled xli

B.

Bail and Sureties, Excessive, not to be demanded, viii

Bills and Resolves, to be laid before the Governor for revisal, . . x

" " to have the force of law, unless returned within five

days, . x

•* " to be void when not returned, if Legislature adjourns

within five days, ....... xxxii

" " when vetoed, may be passed by two-thirds of each

" " House, X

Bills, Money, to originate in the House of Representatives, . . . xvi

Body PoHtic, how formed, and nature of, in

Bribery or Corruption in obtaining an Election, to disqualify for Office, xxx

11

INDEX TO THE CONSTITUTION.

C.

Cambridge, the University at, xxvr

Census of Inhabitants, when and how taken, . . , xxxviii, xLiii, xliv
" of Legal Voters,- when and how taken, .... xlii, xliv

" of Ratable Polls, when and how taken xxxvii

Cities, General Court empowered to charter, xxxiii

Civil and Military Officers, duties of, to be prescribed by Legislature, . xi

Commander-in-Chief. See Governor.

Commerce, Manufactures, Arts, &c., encouragement of,

Commissary- General, when and how nominated, &c., .

" " to make Quarterly Returns,

Commissioners of Insolvency, how chosen, .....

Commission Officers, Tenure of Office of, to be expressed in Commis
sion, ...........

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,
" Members of, number, and how chosen, . xxiii, xxiv

" 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 vi, vii

XXVIII

XXXIV

XXI

Xlill

XXV

XXXI

XXV

XXVI

XXXV

XXXV, XLV

XXXIl

XXXII
XX

XXIII

xxrv

XXIX

XXXIX, XL

XXIII

XXIII

XXIII, XL

XXIII

XXIII

XLI

XXXV
IX, XXII

D.

Debate, Freedom of, in Legislature, affirmed,

Declaration of Rights,

Delegates to Congress,

♦' " how chosen,

VIII

IV

XXV

XXV

INDEX TO THE CONSTITUTION.

Ill

Delegates to Congress, may be recalled, and others commissioned, .
District- Attorneys, how chosen, ....
Districts, Councillor, how established and arranged,

" Representative, how formed, .

'* " Towns may unite in,

" Senatorial, how established and arranged.
Divorce and Alimony, causes of, how determined,
Duties of Civil and Military Officers, to be prescribed by Legislature,

E.

Page.

XXVI

XLII

XII, XL

XLIII

XXXVIII, XXXIX

XII, XXXVIII, XLIV

XXV

XI

Elections, by Legislature, Adjournment of, .

" " Order of, . . .

" by the People, Plurality Rule to prevail in,
" Freedom of, affirmed, ....

XXIV

XXIV

XL

VI

XXXI
XXVII

Election Returns, by whom examined, &c . xiv, xli

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, .....

XI

XVII

IX

VIII

F.

Felony and Treason, conviction of, by Legislature, forbidden,
Fines, Excessive, prohibited, ......

Freedom of Debate, in Legislature, affirmed.

VIII
VIII
VIII

G.

General Court, frequent Sessions of, enjoined, ..... viii

how formed, ......... ix

may make Laws, Ordinances, &c., .... xi

may provide for the naming and settling of Civil

Officers, XI

may prescribe the Duties of Civil and Military Officers, xi

may impose Taxes, Duties, and Excises, ... xi

may constitute Judicatories, and Courts of Record, . x

may charter Cities, ... .... xxxiix

may be prorogued by Governor and Council, . xviii, xix

when to assemble, and when to be dissolved, . x, xix, xxxv

Government, Frame of, ......... ix

" Executive, Legislative, and Judicial Departments of,

limits of defined, ........ ix

" Objects of, ........ . Ill

" Right of People to institute, alter, &c., . . . . iii, vi

7

iv INDEX TO THE CONSTITUTION

Page.
Governor, may call Councillors together at his discretion, . . . xvm

Qualifications of, ....... . xvii, xxxiv

Salary of, xxii

shall sign such Bills and Resolves as he approves, . . x

shall return such Bills and Resolves as he does not approve, . ' x

Style and Title of, xvii

to be Commander-in-Chief of Military Forces of State, . xix

to be sworn in presence of both Houses, .... xxix

the holding of other Offices by, prohibited, . . . xxx, xxxiv
■when and how chosen, .... xvii, xviii, xxxiii, xxxvi, xl
and Council, may pardon Offences, after Conviction, . . xx

" may prorogue the Legislature, . . . xvin, xix

" shall examine Election Returns, . . . xiv, xli

H.

Habeas Corpus, Benefit of, secured.

XXXI
XXXI
XXVI
XXVII
XXVII
XV
XV, XVI,

" " not to be suspended more than twelve months,

Harvard College, Powers, Privileges, Grants, &c., confirmed to,

" " who shall be Overseers of, .

" " Government of, may be altered by Legislature,
House of Representatives,

•• " Members of, how apportioned and chosen,

XXXVI, XXXVII, XXXVIII, XXXIX, XL, XLIII, XLIV

"" " Qualifications of Members of, . . . xvi, xl, xliii

" " ■ Qualifications of Voters for Members of, xvi, xxxiii,

lii
" " to judge of the Qualifications, &c., of its own

Members, ....... xvi

'' " to choose its own Officers, establish its own

Rules, &c., ...... xvi

*' " may punish Persons not Members, for disre-
spect, &C., XVI

" " may try and determine all Cases involving its

Rights and Privileges, .... xvii

" " shall be the Grand Inquest to impeach, . xvi

•' •« all Money Bills to originate in, . . . xvi

" " not to adjourn more than two days at a time, xvi

" " Quorum of, . xvi, xliv

■" " Members of, exempt from arrest on Mean

Process, xvii

«' " Towns may be fined for neglecting to return

Members to, ..... . xvi

" " Travelling Expenses of Members of, how

paid, XVI

*« <* Oaths or Affirmations of Members of, how

taken and subscribed to, . . . . xxix

INDEX TO THE CONSTITUTION.

I.

Impeachment, Limitation of Sentence for,
Impeachments, how made and tried,
Incompatible Offices, enumeration of, .
•< Inhabitant," word defined.
Inhabitants, Census of, when taken.
Insolvency, Commissioners of, how chosen.
Instruction and Petition, Right of, affirmed.

Page.

XV

XV, XVI

XXX, XXXIV, XXXV

XIII

XXXVIII, XLIII, XLIV

XLII

VIII

Judicatories and Courts of Record, Legislature may establish, . . x

" " " may administer Oaths and Affirma-

tions, ...... X

Judicial Department, not to exercise Legislative or Executive Powers, . ix

" Officers, how appointed, ........ xx

" " to hold Office during good behavior, except, &c., . xxv

'' " may be removed on Address of Legislature, . . xxv

Judiciary Power, ........... xxv

Judges of Court of Common Pleas, what other Offices may not be held

by, ........... xxxiv, XXXV

Judges of Probate, shall hold Courts on fixed days, &c., . . . xxv

" *' Appeals from, how heard and determined, . . xxv

" " what other Offices may not be held by, . . xxxiv, xxxv

Jury, Right of Trial by, secured, vn

Justices of the Peace, Tenure of Office of, xxv

" " Commissions of, may be renewed, . . . xxv

" Supreme Judicial Court, Tenure of Office, and Salaries of, ix, xxii, xxv
" " ♦' " what other Offices may not be held

by, .... XXX, XXXIV, xxxv

'• " " " Opinions of, may be required by Exec-

utive or either branch of Legislature, xxv

Law-Martial, Persons not in the Army, Navy, or Actual Service, not to
be subjected to, ...... . ...

Laws, every Person to have remedy in, for injury to Person or Property,

" Ex Post Facto, declared unjust and inconsistent with Free

Government, ..........

*' not repugnant to Constitution, Legislature may make,
" of Province, Colony, or State of Massachusetts Bay, not repug-
nant to Constitution, continued in force, .....

" Power of suspending, only in Legislature,

Legal Voters, Census of, when taken,

Legislative Department, not to exercise Executive or Judicial Powers, . ix

" Power, IX

Legislature. See General Court.

Lieutenant-Governor, xxii

VIII
VI

XXXI

VUI

XLII, XLIV

vi INDEX TO THE CONSTITUTION.

Page.

Lieutenant-Governor, when and how chosen, . . mxii, xxxiii, xxxvi, xl

" " Title of, XXII

" " Qualifications of, . . . . . . xxii

" " Powers and Duties of, .... xxii, xxiii

" " to be sworn in presence of both Houses, . . xxix

Literature, Encouragement of, ....... . xxvii

M.

Magistrates and Officers, accountability of, ..... . v

Major- Generals, how appointed and commissioned, .... xx

Martial Law, Persons not in the Army, Navy, or Actual Service, not to

be subjected to, viii

Meetings, Plantation, Provisions respecting, ...... xiii

" Town, Selectmen to preside at, ..... . xiii

Military Power, to be subordinate to Civil vii

Militia Offices, Vacancies in, how tilled, xx

" Officers, how elected and commissioned, .... xx, xxxiv

" " how removed, ....... xx, xxxiv

" organization of, into Brigades, Regiments, and Companies,

confirmed, .......... xxi

Money Bills, to originate in House of Representatives, .... xvi

" how drawn from the Treasury, ....... xxi

" value of, how computed, ........ xxx

Moneys, for the Support of Schools, how applied, ..... xlii

Moral Principles, necessity of the observance of, in a Free Government, vii

N.

Notaries Public, how chosen, ........ xxiv

" " how appointed, Tenure of Office, &c . xxxiii

0.

Oaths and Affirmations, Courts and Judicatories may administer, . . x

" " Forms of, ..... xxviii, xxix, xxxiv

•' " how and by whom taken and subscribed, xxviii, xxix,

xxx, XXXIV

" and Subscriptions ; Incompatibility of and exclusion from Offices,

&C., &C., . . XXVIII

" variation of, in behalf of Quakers, xxix, xxxiv

Offences. See Crimes and Offences.

Office, Right of People to secure Rotation in, vi

<' Equal Right of All to, affirmed, vi

•' no Person eligible to, who cannot read and write, . . . XLii
Officers, Civil, Legislature may provide for the naming and settling of, xi
" Civil and Military, duties of to be prescribed by Legislature, . xi
" " " holding under Government of Massachu-
setts Bay, continued in Office, . . xxxi

INDEX TO THE CONSTITUTION.

Vll

Page.

Officers and Magistrates, accountability of, v

Officers, Militia, how elected and commissioned, .... xx, xxxiv

" " how removed, ....... xx, xxxiv

Offices, Incompatible, ........ xxx, xxxiv, xxxv

" Militia, Vacancies in, how filled, ...... xx

" Plurality of, prohibited to Governor, Lieutenant-Governor, and

Judges, ........ xxx, XXXIV, xxxv

P.

Pardon, Power of, vested in Governor and Council, .... xx

People, Right of, to keep and bear Arms vii

Person and Property, Remedy for all Injuries to, should be found in the

Laws, ............ VI

Petition and Instruction, Right of, affirmed, ..... viii

Plantations, Unincorporated, Tax-paying Inhabitants of may vote for

Councillors and Senators, ........ xiii

Plurality of Votes, election of Civil Officers by, xl

Political Year, when to begin and end, ...... xxxv

Polls, Ratable, Census of, when taken, ...... xxxvii

Power, Executive, .......... xvii

'< Judiciary, .......... xxv

" Legislative, ix

Preamble, ............ in

Press, Liberty of, essential to Freedom, ...... vii

Probate, Judges of, shall hold Courts on fixed days, &c,, . . . xxv

" " Appeals from, how heard and determined, . . xxv
" '* what other Offices may not be held by, . . xxxiv, xxxv

*' Registers of, how appointed, ....... xx

" " how elected, XLii

Property, Private, not to be taken for Public Uses without Compensation, vi

** Qualification, may be increased by Legislature, . . . xxxi

" •' partially abolished, ...... xl

Prosecutions, for Crimes and Offences, regulated, .... vi

Public Boards, Returns of, how, when, and to whom made, . . . xxi

" Officers, Right of People with reference to, ... . vi

<< Services, the only Title to particular and exclusive Privileges, . v

'• Worship, the Right and Duty of, rv

«' «< Legislature may compel Provisions for, ... rv

Punishments, Cruel and Unusual, prohibited, viii

Q.

Quakers, variation of Oath in behalf of.
Qualifications of Governor, .

« ' of Lieutenant- Governor,

" of Councillors,

" of Senators, .

7*

XXIX, xxxiv

XVII, XXXIV, XLII

. XXII, XLI

. XL, XLII

XIV, XL, XLII, XHV

Vlll

INDEX TO THE CONSTITUTION.

Qualifications of Representatives xvi, xl, xlii, xliu

" of Secretary, Treasurer, Auditor and Attorney- General, . xlii

" of Voters xii, xvi, xxxiii, xlii

" Moral, of Officers and Magistrates, ..... vii

Qualification, Property, may be increased, ...... xxxi

" '* partial abolition of, ..... . xl

Quorum, of Council xtixi, xxm

" of House, XVI, XLiv

" of Senate, xv, xlfv

R.

Ratable Polls, Census of, when taken, ....... xxxvii

" " Towns having less than 300, how represented, . . xxxvii

«' " Towns having less than 150, how represented, . . xv

Read and Write, Persons who cannot, not to vote or hold Office, . . xlii

Register of Council, to be kept, subject to the call of either House, . xxm

Registers of Probate. See Probate.

Religious Denominations, equal protection secured to all, . . . v, xxxvii
" Societies, Right of, to elect their own Pastors, &c., . . . v, xxxvii
" " Persons belonging to, to be held as Members, till

they file Notice of Dissolution, .... xxxvii

Representation, in Council, basis of, ...... . xl

" in House xv, xxxvii, xxxviii, xxxix, xliii

" in Senate, xii, xxxviii, xliv

Representatives. See House of Representatives.

Returns, Quarterly, how and by whom to be made, .... xxi

Retvirns of Votes, by whom made, examined, &c., . . xiii, xiv, xviii, xli

Revision of Constitution. See Constitution.

Rights, Natural, declaration of, &c iv

. s.

Salaries, of Judges of Supreme Court, ....... ix, xxii

Salary, of Governor, .......... xxii

XLII

XLII

VII

XXIV

XXIV, XLI

XLU

XXIV, XLIII

xxrv

XXXIII, XLI

XXII

V

XII

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,

XII, XXXIII, XXXVIII, XLIV

INDEX TO THE CONSTITUTION. ix

Page.

Senate, Members, Qualifications of, xiv, xl, xlii, xhv

" " shall be sworn preliminary to trial of Impeachment, . xv

" " exempt from arrest on Mean Process, . . . xvii

" Quorum of, xv, xliv

" Vacancies in, how filled, ........ xiv

" to be final judge of elections of its own Members, . . . xnr

" not to adjourn more than two days, ...... xv

" shall choose its own Officers, and establish its own Rules, . xv

•' shall try Impeachments, ........ xv

" may punish persons not Members, for disrespect, &c., . . xvi, xvii
" may try and determine all cases involving its own Rights and

Privileges, .......... xvii

Senators, Apportionment of, . . . . . . . xii, xxxviii, xliv

" Oaths and Affirmations, how taken and subscribed by, . . xxix
Senatorial Districts. See Districts.

Services, Public, the only Title to particular Privileges, ... v

Sheriffs, how appointed, ......... xx

" how elected, .......... xlii

Soldier, not to be quartered in any house without consent of owner, . viii

Solicitor- General, how appointed, ........ xx

Standing Armies, without consent of Legislature, prohibited, . . vii

Supreme Being, the Public Worship of, a Right and Duty, &c., . . iv

•' Judicial Court, Tenure of Office and Salaries of Judges of, . ix, xxii

Sureties and Bail, excessive, not to be demanded, ..... viii

Suspension of Laws, Power of, only in Legislature, .... viii

T.

Taxation, should be founded on consent, ...... vi, viii

Taxes, Excises, &c.. Legislature may impose, ..... xi

Tax, State or County, payment of, one of the Qualifications of a Voter, xiii, xxxiii

Tests, Religious, abolished, xxxiv

Title, of Governor, xvii

" of Lieutenant-Governor, xxii

Town Meetings, Selectmen to preside at, ..... . xiix

Towns, having less than 300 Ratable Polls, how represented, . . xxxvn

•' having less than 150 Ratable Polls, how represented, . . xv
•' may unite in Representative District, .... xxxviii, xxxxx

Travel, Expenses of, to and from the General Court, how paid, . . xvi

Treason and Eelonj', Legislature not to convict of, .... viii

Treasurer and Receiver- General, how chosen, xxiv, xli

" " qualifications of, . . . . . xlii
" " eligibility to Office of, more than five

years, prohibited, .... xxiv

" *< Vacancy in Office of, how filled, xxxiii, xn

Trial, by Jury, Right of, secured, vn

X INDEX TO THE CONSTITUTION.

U.

Page.
University at Cambridge, &c., xxvi

Y.

Vacancies in Council, how filled xli

•« in Militia Offices, how filled, ....... xx

" in Offices of Secretary, Treasurer, Auditor and Attorney-
General, how filled, ....... XXXIII, xli

" in Senate, how filled, . xiv

Valuation of Estates, when taken, xi

Veto, Power of, conferred upon Governor, ...... x

Vote, no Person entitled to, who cannot read and write, . . . xlii

Voters, Legal, Census of, when taken, ...... xlii, xliv

" qualifications of, . . . . ... xii, xvi, xxxiii, xlii

Votes, all Civil Officers to be elected by a plurality of, ... . xl

•' Returns of, by whom made, examined, &c., . . xiii, xiv, xviii, xli

w.

Worship, Public, the Right and Duty of all Men, .... iv

Writs, how made, issued, &c., . . . . . . . . xxxi

Y.

Year, Political, when to begin and end, xxxv

GENERAL STATUTES

SPECIAL ACTS

MASSACHUSETTS

1858.

An Act TO establish a better system for the administration QJian. 1.
OF the finances of this commonwealth. ^'

Be it enacted hy the Senate and House of Representatives, in General Court «

assembled, and hy the authority of the same, as follows :

Section 1. No money shall be paid from the treasury of Money paid from
this Commonwealth at any time hereafter, except upon the warrant of'goT-
warrant of the governor, drawn in accordance with some ®'^°°''-
appropriation contained in some act or resolve duly passed
within the same political year.

Section 2. There shall be excepted from the provisions Exceptions.
of the preceding section, all payments required on account
of the principal or interest of any public debt, or for the
salaries established by standing laws of the judges of the
supreme judicial court and of the governor : and said prin-
cipal and interest shall be paid whenever they may become
due, and said salaries shall be paid under the warrant of the
governor, in the same manner as if a specific appropriation
therefor were included in a separate law passed each year.

Section 3. This act shall not be construed to prevent how construed.
the payment from the treasury in any year, to any person or not^ca'ikd'fo^^n
persons to whom the same may be justly due, of any appro- *^°e/t® &c' ^^'^^^
priation, or any unexpended balance of any appropriation,
duly made in the preceding year. But in case any appro-

4 1858.— Chapter 2.

priation or balance shall not be called for by the person or
persons to whom it may be due, or shall not be applied to
the objects for which it was designed, within the same politi-
cal year in which it shall have been made, or the succeeding
political year, such appropriation or balance shall revert to
the general treasury, and shall not afterwards be paid out,
except by virtue of a new appropriation.
Treasurer's an- SECTION 4. It sliall bc tlic duty of tlic trcasurcr to include
co"ntain'^^°'8tate- lu liis auuual rcport to the legislature, a specific statement
unpaid^ IT'*"*^ of all warrants remaining unpaid, and the names of the per-
sons in whose favor they were drawn ; in order that the
payment of such sums under this head as may be necessary
and proper, may be authorized by new appropriations.
Section 5. This act shall take effect from and after its

passage. Approved January 22, 1858.

Chew 2 ''^^ "^^^ ^^ REGULATE THE COMPENSATION OF MEMBERS, OFFICERS
"' ' AND ATTENDANTS OF THE LEGISLATURE.

Be it enacted, ^"c, ax follows:

Compensation SECTION 1. Thc compcusation of each member of the

and mileage of sciiate and liousc of representatives shall be three hundred
dollars, for the regular annual session for which such member
shall have been elected, and one dollar for every five miles
travel from their respective places of abode, once in each ses-
sion, to the place of the sitting of the general court, to be
• paid in the manner following, to wit : On the first day of

such regular annual session, each senator and representative
shall be entitled to receive his mileage, and on the first day
of each month thereafter, shall be paid at the rate of two
dollars per day, until the sum of three hundred dollars
above named shall have been paid ; and on the last day of
the session there shall be paid to each senator and represen-
tative the balance, if any remain unpaid, of the said sum
of three hundred dollars.

Duty of treasurer SECTION. 2. It sliall bc the duty of thc treasurer, or
other officer who may be charged with the payment of the
members of the legislature, to deduct from the compensa-
tion of each member, as herein provided, three dollars for
each day that such member shall have been absent, unless
his absence shall have been excused by the house of which

Clerks to certify, he Is a mcmbcr : and it shall be the duty of the clerks of
the senate and house, respectively, to certify, upon the writ-
ten statement of members, to the treasurer of the Common-
wealth, or such other officer as may be charged with the
payment of the members, the number of days of each mem-

1858.— Chapter 2. 5

ber's attendance, and such written statements of members
shall be preserved in the office of the treasurer.

Section 3. The president of the senate and speaker of compensation of
the house of representatives shall receive double the com- p'^^^'^^^so^''*"
pensation above provided for senators and I'epresentatives,
to be paid at the times and in the manner herein provided
for the payment of said senators and representatives.

Section 4. No periodicals, publications or books, other Publications pro-
than those printed for the use of the legislature, shall here-
after be ordered for members at the charge of the Common-
wealth.

Section 5. There shall be paid to the clerks of the senate compensation of
and house of representatives, respectively, an annual salary '''"'^^"
of two thousand dollars, to be paid quarterly, which shall
be considered full compensation for the performance of all
the duties now required of, and performed by, the said clerks
and their assistants, including the preparing of an index
and duplicate copy of the journals.

Section 6. There shall be paid to the chaplains of the compensation of
senate and house of representatives, an annual salary of "^ ^^ *'°^'
two hundred dollars each, to be paid at the close of the
regular annual session of the legislature.

Section 7. There shall be paid to each of the door- compensation of

1 T j^j^iiTi L' (looi-keepers.mes-

keepers and messengers oi the senate and house ot repre- sengers, &c
sentatives, the sum of three hundred dollars, and to the
pages of the senate and house, the sum of two hundred
dollars each, which shall be considered full compensation
for all services which may be required of said door-keepers,
messengers and pages, at the regular annual session of the
legislature ; said sums to be paid monthly, at the rate of
two dollars per day for each door-keeper or messenger, and
of one dollar and fifty cents per day for each page, until
the said sums of three hundred dollars and two hundred
dollars, above named, shall have been paid ; and on the last
day of the session, there shall be paid to each messenger,
door-keeper and page, the balance, if any remain unpaid, of
the sums above named.

Section 8. All acts or parts of acts inconsistent with Repeal.
this act, are hereby repealed.

Section 9. This act shall apply to the present legisla-
ture, and shall take effect from and after its passage.

Approved January 30, 1858.

1858.— Chapters 3, 4, 5.

Chap. 4.

Additional real
estate, »15,000.

Chan 3 "^^ ^^"^ ^^ perpetuate the evidence of foreclosure of mort-

"' ' GAGES OF PERSONAL PROPERTY.

Be it enacted^ ^c, asfolloics:
Affidavit of mort- Wlieiiever any mortgagee of personal property, or his
to^forecioseTfiied assigns, sliall liave given notice of his or their intention to
j>ffice°'^may^'''be foreclose his mortgage, in the manner required by the
used as evidence, seveiity-secoiid chapter of the acts of the year eighteen hun-
dred and forty-three, or the one hundred and seventy-fourth
chapter of the acts of the year eighteen hundred and fifty-
six, he or they may make affidavit thereof and cause the
same to be recorded at any time before foreclosure, in the
town clerk's office where the mortgage is recorded ; and
whenever any such affidavit shall be so made and recorded,
the same, or said record thereof, shall be admitted as
evidence of the service of notice in the manner therein
set forth. Approved Felruary 1, 1858.

An Act to authorize the Springfield fire and marine insur-
ance COMPANY TO increase ITS INVESTMENT IN REAL ESTATE.
Be it enacted, §"c., as follows:

The Springfield Fire and Marine Insurance Company is
hereby authorized to hold real estate in the city of Spring-
field, to an amount not exceeding in value fifteen thousand
dollars, in addition to the amount authorized by the second
section of the one hundred and thirty-fifth chapter of the
laws of this Commonwealth, for the year eighteen hundred
and forty-nine, and subject to the exceptions therein con-
tained. Approved February 1, 1858.

An Act concerning the branches to be taught in the public

SCHOOLS.

Be it enacted, ^"c, asfolloivs :

Section 1. The first section of the twenty-third chapter
of the Revised Statutes, and the first section of the fifty-sixth
chapter of the laws of the year one thousand eight hundred
and thirty-nine, are hereby so amended, that the teachers of
schools required to be kept by such sections, shall be com-
petent to give instruction in orthography, reading, writing,
English grammar, geography, arithmetic, physiology and
hygiene, the history of the United States, and in good
behavior.

Section 2. Physiology, hygiene and algebra, shall here-
after be taught in the public schools of this Commonwealth,
in all cases in which the school committee shall deem it
expedient.

Section 3. Chapter two hundred and twenty-nine, of the
laws of the year one thousand eight hundred and fifty, and

Chap. 5.

Act amended.

Competency of
teachers.

Additional
branches to be
taught.

Repeal.

1858.— Chapters 6, 7, 8. 7

the first section of chapter two hundred and six, of tlie laws
of the year one thousand eight hundred and fifty-seven, are
hereby repealed. 1 Approved February 5, 1858.

An Act in addition to an act concerning elections of kepre- nhnyj g

SENTATIVES T& THE GENERAL COURT. ^'

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

Section 1. Whenever a\ vacancy may exist, or may 'here- vacancy in dis-
after occur in any representative district, in this Common-
wealth, the speaker of the house of representatives shall, in speaker to ap-
the precept, which he may issue by order of the house, giving mung.
notice of the fact of such vacancy, appoint a time, at which
an election to fill such vacancy shall be held in said district.
Upon the reception of such - precept, the mayor and alder- on reception of
men of any city wherein such district lies, and the selectmen trmiVacIn"y to
of the several towns comprising such district, shall issue ^^ '^^"'"^' *"*"
their warrants for an election to fill such vacancy on the day
named in said precept ; and the same proceedings shall be
had in the conducting of said election, and ascertaining and
recording the result thereof, notifying the persons elected,
and making certificates and returns of such election, as in
case of the original election of such representatives.

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

passage. Approved February 5, 1858.

An Act relating tot he distribution of the annual reports Qh/yjj 7

OF RAILROAD CORPORATIONS. ^'

Be it enacted, Sfc, as folloivs :

Section 1. The secretary of the Commonwealth is hereby secretary to fur-

1 • -I , n • 1 j_ •! ^ x- J.1 njsh each rail-

authorized to lurnish to every railroad corporation estab- road one copy of
lished within the Commonwealth, one copy of each of the ''*^p°''''-
annual reports of the other railroad corporations which are
now required, by law, to be delivered, annually, by the respec-
tive corporations, to the Secretary of the Commonwealth.
Section 2. This act shall take effect from and after its

passage. Approved February 8, 1858.

An Act to change the name of the Jamaica plain athenaeum. Qfidn^ g \

Be it enacted, Sfc, as folloivs :

Section 1. The corporate name of the "Jamaica Plain Eiiot Library Aa-
Athenseum " shall hereafter be the Eliot Library Associa- ^°"^ ""^'
tion.

Section 2. This act shall take effect from and after its
passage. Approved February 8, 1858.

8 1858.— Chapters 9, 10, 11.

Chap. 9. An Act to extend the charter of the American insurance

COMPANY.

Be it enacted, ^"c, as foUoios :
Charter extended SECTION 1, The Americaii Insurance Company is hereby

twenty years .-, • n t p o

from June 12, continiied a corporation, tor the term ot twenty years irom
^^^^' and after the twelfth day of June, one thousand eight hun-

dred and fifty-eight ; 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, and in all subsequent general laws of this Com-
monwealth, that have been or may be passed in relation to
similar corporations. Approved February 11, 1858.

Chap. 10. An Act in addition to " an act to regulate the use of rail-
roads."
Be it enacted, §'c., as follows :

Commissioners to SECTION 1. Thc compensatioii of commissiouers, wlio may
prop'Stron "^of hereafter be appointed in accordance with the provisions of
eompensation. ^j^g Q,^g huudrcd aud iiinety-first chapter of the acts of the
year eighteen hundred and forty-five, and the two hundred
and ninety-first chapter of the acts of the year eighteen hun-
dred and fifty-seven, shall be paid by the respective corpo-
rations, in such proportions as said commissioners shall
determine,
iiepeai. SECTION 2. The fourtli section of the one hundred and

ninety-first chapter of the acts of the year eighteen hundred
and forty-five, is hereby repealed.

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

passage. Apjjroved February 11, 1858.
. ,

Chan 1 1 ^''^ -^^^ MAKING appropriations FOR THE MAINTENANCE OF THE
-' ' ' GOVERNMENT DURING THE CURRENT YEAR.

Be it enacted, §'c., as follows:

Appropriations SECTION 1. The sums hereinafter mentioned are appro-

priated, and shall be allowed and paid out of the treasury

of this Commonwealth, upon the warrants of the governor,

for the purposes specified, to meet the current expenses of

the year ending on the thirty-first day of December, one

thousand eight hundred and fifty-eight, that is to say :

Lieutenant-Gov- For tlic mileage and compensation of the lieutenant-gov-
ernor and coun- -, '^ ., '■ . ,. •ij.xi i

•ii. ernor and council, a sum not exceeding eight thousand

dollars.
Mileage and com- For tlic mileage of senators, a sum not exceeding four

pensation of log- J^^^j^J^.^^j ^^IJ^^^g^

For the mileage of representatives, a sum not exceeding
two thousand three hundred dollars.

1858.— Chapter 11. 9

For the compensation of senators, a sum not exceeding
twelve thousand three hundred dollars.

For the compensation of representatives, a sum not ex-
ceeding seventy-two thousand four hundred dollars.

For the salaries of the clerks of the senate and house of cierks.
representatives, including the compensation of such assist-
ants as they may appoint, four thousand dollars.

For the salaries of the chaplains of the senate and house chaplains.
of representatives, four hundred dollars.

For newspapers ordered by the sergeant-at-arms in con- Newspapers.
formity with orders of the two houses of the general court,
at the present session, a sum not exceeding four thousand
five hundred dollars : provided, that the bills therefor shall
be audited by the auditor, and shall likewise be approved in
accordance with the provisions of the resolves of the year
one thousand eight hundred and fifty-seven, chapter nine-
teen.

For postage upon newspapers ordered by the sergeant-at- postage.
arms in conformity with orders of the two houses of the
general court, a sum not exceeding three hundred dollars.

For fees of witnesses summoned before committees, in witnesses,
accordance with the provisions of the acts of one thousand
eight hundred and forty-nine, chapter two hundred and
eight, a sum not exceeding five hundred dollars : pro- Proviso.
vided, that no part of such sum shall be paid to any witness
summoned before any committee which did not have au-
thority to send for persons and papers ; and all accounts of
such fees shall be endorsed with the written approval of a
majority of the members of the committee.

For the compensation of the preacher of the election ser- preacher.
mon, fifty dollars.

For stationery for the senate, purchased by the clerk of the stationery for
senate, a sum not exceeding one thousand one hundred ^^^isiature.
dollars.

For stationery for the house of representatives, purchased
by the clerk of the house of representatives, a sum not
exceeding two thousand dollars.

For the state library, in accordance with the resolves of Library.
one thousand eight hundred and fifty-seven, chapter forty-
nine, two thousand three hundred dollars, to be expended
under the direction of the trustees and librarian ; and all
sums required for the completion of the catalogue shall be
paid from this appropriation.

For the salary of the chief justice of the court of common justices court of
pleas, two thousand seven hundred dollars. common pieas.

2

10

1858.— Chapter 11.

Reporter.

At torney-gener-
al's clerk, &o.

Secretary.

Clerks, &c.

For the salaries of six associate justices of said court, two
thousand five hundred dollars each — fifteen thousand dollars.
Attorney-general For the salarj of tlic attomey-gcneral, two thousand five
hundred dollars.

For the salary of the reporter of the decisions of the
supreme judicial court, three hundred dollars.

For clerk hire for the attorney-general, a sum not exceed-
ing one thousand dollars.

For the incidental expenses of the office of the attorney-
general, a sum not exceeding one hundred dollars.

For the salary of the secretary of the Commonwealth, two
thousand dollars ; and said secretary shall pay into the
treasury all fees received by him.

For the salary of the first clerk in the secretary's office,
one thousand five hundred dollars.

For the salary of the second clerk in the secretary's office,
one thousand two hundred dollars.

For such additional clerical assistance as the secretary
may find necessary for the performance of the duties of the
office, a sum not exceeding fourteen thousand dollars : pro-
vided, that no clerk shall receive more than one thousand
one hundred dollars during the year, except the first and
second clerks aforesaid.

For incidental expenses of the secretary's office, a sum
not exceeding three thousand two hundred dollars.

For the salary of the treasurer and receiver-general, two
thousand dollars.

For the salary of the first clerk in the treasurer's office,
one thousand five hundred dollars.

For the salary of the second clerk in the treasurer's office,
one thousand two hundred dollars.

For incidental expenses of the treasurer's office, a sum
not exceeding three hundred dollars.

For the salary of the auditor of accounts, two thousand
dollars.

For the salary of the clerk of the auditor of accounts,
one thousand two hundred dollars.

For incidental expenses of the auditor's office, a sum not
exceeding one hundred and fifty dollars.

For the salary of the sergeant-at-arms, in addition to the
rent of the house belonging to the Commonwealth, numbered
twelve in Hancock Street, in the city of Boston, one thou-
sand three hundred dollars.

For fuel and lights for the state house, a sum not exceed-
ing two thousand dollars ; and such sum shall be disbursed
under the direction of the commission provided in the acts

Clerk, &c.

Sergeant-at
arms.

Fuel and lights.

1858.— Chapter 11. 11

of the year one thousand eight hundred and fifty-seven,
chapter sixty-five ; and chapter fifty-seven of the resolves of Repeal.
the year one thousand eight hundred and fifty-five, is hereby
repealed.

For repairs, improvements and furniture of the state Repairs, &c.
house, to be disbursed in the manner provided in the acts of
the year one thousand eight hundred and fifty-seven, chapter
sixty-five, a sum not exceeding one thousand dollars.

For contingent expenses of the council, senate and house contingent ex-
of representatives, to be disbursed in the manner provided ^*'°^^^'
in the acts of the year one thousand eight hundred and fifty-
seven, chapter sixity-five, a sum not exceeding one thousand
five hundred dollars : provided^ that no part of such sum Proviso.
shall be expended for stationery, postage, printing, repairs,
or furniture, or for the purchase of any article or thing, or
to effect any object, for which an appropriation is otherwise
made in this act, or in any act which may have been passed
subsequently.

For postage, printing and stationery, for the governor and Postage.
council, a sum not exceeding five hundred dollars.

For printing and binding, ordered by the senate or house Printing, &c., for
of representatives, or by the concurrent order of the two ®^""^"'^-
branches, in accordance with the fifteenth of the joint rules
and orders of the two branches, a sum not exceeding fifteen
thousand dollars.

For printing blanks and circulars, and the calendar of
orders of the day, required for the use of the senate, under
the direction of the clerk of the senate, a sum not exceed-
ing four hundred dollars.

For printing blanks and circulars, and the calendar of
orders of the day, required for the use of the house of rep-
resentatives, under the direction of the clerk of the house of
representatives, a sum not exceeding seven hundred dollars.

For printing the public series of documents in the last Printing pubuc
quarter of the year one thousand eight hundred and fifty- °'^^^^'^ ^•
eight, under the direction of the secretary of the Common-
wealth, according to the acts of the year one thousand eight
hundred and fifty-seven, chapter forty, and for binding the
copies to be distributed to the towns and cities, as provided
in said act, a sum not exceeding five thousand dollars.

To the sheriffs of the several counties, for distributing sheritb.
blanks and making returns of votes, in accordance with the
Revised Statutes, chapter six, section ten, a sum not exceed-
ing eight hundred dollars.

For the mileage and compensation of the bank commis- Bant com'rs.

12 1858.— Chapter 11.

sioners, a sum not exceeding five thousand eight hundred

dollars.
Clerk, &c. For thc Salary of the clerk of the bank commissioners, one

thousand two hundred dollars.

For the incidental expenses of the bank commissioners, a

sum not exceeding one hundred dollars.
Back Bay Com- For the compcusatiou of the commissioners on the Back
missioners, &c. -g^^^ ^ ^^^^ ^^^^ cxcecding ouc thousaud five hundred

dollars ; and for the incidental expenses of said commis-
sioners, a sum not exceeding five hundred dollars ; said
sums to be paid from the moiety of the proceeds of sales
already made, which, by tlie resolves of the year one thou-
sand eight hundred and fifty-seven, chapter seventy, is appli-
cable to improvements ; and the residue of said moiety shall
be subject to the provisions of said chapter seventy.

CHARITABLE.

Perkins Institu-
tion.

For the Perkins Institution and Massachusetts Asylum
for the Blind, in accordance with the resolves of the year
one thousand eight hundred and fifty-five, chapter sixty-two,
twelve thousand dollars.

^hooi for Idiots, For tho Massachusctts School for Idiotic and Feeble-
minded Youth, in accordance wjth the resolves of the year
one thousand eight hundred and fifty-one, chapter forty-
four, five thousand dollars.

Deaf and dumb. j.^^, ^|^q support of paticuts from Massachusetts in the
asylum for the deaf and dumb, at Hartford, in the state of
Connecticut, a sum not exceeding eight thousand six hun-
dred dollars.

Ho^jP^tais-wor- For the salaries of the officers of the lunatic hospital at
Worcester, three thousand four hundred dollars.

Taunton, j^qj. ^|^g salaries of the officers of the lunatic hospital at

Taunton, three thousand two hundred and twenty-five
dollars.

For the salary of the superintendent of the lunatic hos-
pital at Northampton, a sum not exceeding one thousand
eight hundred dollars.

fhrjohonnot'' ^or tho anuuitics due from the Commonwealth, in respect
to the obligations incurred by the acceptance of the bequests
of the late Martha Johonnot, a sum not exceeding one
thousand six hundred and forty dollars.

For the expenses of coroners' inquests, a sum not exceed-
ing one thousand dollars.

For pensions, a sum not exceeding five hundred dollars.

Northampton.

Coroners.

1858.— Chapter 11. 13

For Indians, a sum not exceeding three thousand three Indians.
hundred dollars.

For the current expenses of the state almshouse at Tewks- Aimshouses-
bury, for the quarter ending March thirty-first, in the year ^ewksbury,
one thousand eight hundred and fifty-eight, a sum not
exceeding twelve thousand dollars.

For the current expenses of the state almshouse at Mon- Monson,
son, for the quarter ending March thirty-first, in the year
one thousand eight hundred and fifty-eight, a sum not ex-
ceeding eleven thousand dollars.

For the current expenses of the state almshouse at Bridge- Briagewater.
water, for the quarter ending March thirty-first, in the year
one thousand eight hundred and fifty-eight, a sum not
exceeding nine thousand dollars.

For the current expenses of the Hospital at Eainsford Hospital— Rains-
Island, for the quarter ending March thirty-first, in the year
one thousand eight hundred and fifty-eight, a sum not
exceeding seven thousand five hundred dollars.

For the support and relief of state paupers otherwise other state pau-
than in the three almshouses and in the hospital at Rains- ^^"^^^
ford Island, a sum not exceeding sixty thousand dollars.

To the sinking fund, for the redemption of the scrip Almshouse sink-
issued to obtain means for building the state almshouses,
six thousand dollars.

SCIENTIFIC AND EDUCATIONAL.

For corrections in the plates of the state map, in accord- state map.
ance with the resolves of the year one thousand eight hun-
dred and fifty-seven, chapter eighty-two, a sum not exceeding
one hundred dollars.

For bounties to agricultural societies, eleven thousand Bounties.
eight hundred fifteen dollars.

To the American Institute of Instruction, three hundred American insti-
doUars, to be paid from the moiety of the income of the l^^, °^ ^"'"^"''■
school fund which is applicable to educational purposes.

For the salary of the secretary of the board of education, secretary board

,., Tin of education and

two thousand dollars. assistant, &c.

For the salary of the assistant-secretary of the board of
education, one thousand three hundred dollars ; and such
salaries of the secretary and assistant-secretary, shall be paid
from the moiety of the income of the school fund which is
applicable to educational purposes.

For additional assistance in the library, in accordance Library.
with the resolves of the year one thousand eight hundred

14

1858.— Chapter 11.

Secretary and
members board
of agriculture.

Clerk.

and fifty-seven, chapter forty-nine, a sum not exceeding five
hundred dollars.

For the salary of the secretary of the state board of
agriculture, one thousand five hundred dollars.

For the travelling expenses of members of the said board,
a sum not exceeding one thousand dollars.

For the travelling expenses of the secretary of said board,
all postages and other necessary expenses, in accordance
with the resolves of the year one thousand eight hundred
and fiftj^-three, chapter sixty-seven, a sum not exceeding
two hundred and fifty dollars.

For other incidental expenses of said board, a sum not
exceeding fifty dollars.

For the salary of the clerk of the secretary of said board,
six hundred dollars.

Adjutant-gen-
eral.

Clerk, &c.

MILITARY.

For the salary of the adjutant and quartermaster-general,
one thousand eight hundred dollars.

For the salary of the clerk of the adjutant-general, one
thousand dollars.

For the incidental expenses of the office of the adjutant-
general, a sum not exceeding one hundred dollars.

Fugitives.

Di.^charged Con-
victs.

Reform School,
Westborough,

Industrial, Lan-
caster.

How construed.

REFORMATORY AND CORRECTIONAL.

For the expenses of the arrest of fugitives from justice, a
sum not exceeding one thousand five hundred dollars.

For the relief of discharged convicts, to be disbursed in
accordance with the provisions of the acts of the year one
thousand eight hundred and fifty-two, chapter two hundred
and thirteen, a sum not exceeding one thousand dollars,
including five hundred dollars paid to the agent for the
relief of discharged convicts, as his salary.

For the current expenses of the State Reform School for
Boys, at Westborough, a sum not exceeding forty-four thou-
sand dollars.

For the current expenses of the State Industrial School
for Girls, at Lancaster, a sum not exceeding thirteen thou-
sand dollars.

Section 2. Nothing in this act shall be construed to
require any payments to any person with whom the Com-
monwealth has an unadjusted account ; but it shall be the
duty of the governor, upon receiving satisfactory informa-
tion that any moneys are illegally , withholden from the

1858.— Chapter 11. 15

Commonwealth by any such person, to instruct the treasurer
to "withhold all payments of money to such person, while
such default continues.

Section 3. All salaries mentioned in this act shall be ^^lf'«^ *? ,''«

, - paid quarterly.

paid quarter-yearly, on the first days of April, July, October
and January, and shall be in full for all services rendered
to the Commonwealth by the persons to whom they are paid ;
and no salary shall be paid to any person for a longer period
than that during which he shall have been actually employed
in the duties of the office to which the salary is attached ;
and no person shall receive two or more salaries from the
state treasury at the same time.

Section 4. In case any salary mentioned in this act shall J^«'i"'=«^ «^i^"««-
be diminished by due authority, no more money shall be
paid under the appropriation herein made, than the amount
of such diminished salary when duly established.

Section 5. The term " incidental expenses," wherever it incidental ex-
is employed in this act, shall be held to include postage, p®'"®"'
printing and stationery, the necessary charges for which shall
be defrayed in each department as a part of the expenses of
the department, in accordance with the appropriations herein
provided.

Section 6. In case any appropriation is made in this act Repeal.
for a service or object for which a larger or different appro-
priation may have been made in some previous act or resolve,
the appropriation made in this act shall be held to supersede
the other, and so much of the previous act or resolve as pro-
vides the larger or different appropriation, is hereby repealed.

Section 7. It shall be the duty of the auditor to scrutinize Auditor.
all accounts which may be presented for allowance in
accordance with the provisions of the acts of the year one
thousand eight hundred and forty-nine, chapter fifty-six,
as well accounts for services or objects for which definite
appropriations are made, as those for which the appropria-
tions are made in the form of an amount not exceeding a
certain sum ; and he shall have full authority to deduct
overcharges in all cases in which he finds them ; and it shall
be the duty of all public functionaries charged with tlie
execution of any service for which an appropriation is made,
to use every effort to accomplish the same for a less sum
than the amount of the appropriation, whenever it can be
done conformably to the interests of the Commonwealth ; and
no public functionary shall make any purchases or incur any
liabilities in the name of the Commonwealth, for a larger
amount than that which has been appropriated by law for
the service or object ; and it is hereby enacted and declared

16

1858.— Chapters 12, 13, 14

Payments, how
made, &c.

Repeal.

that the Commonwealth has no responsibility for the acts of
its servants and officers, beyond the several amounts duly
appropriated by law.

Section 8. All payments authorized by this act, shall be
made from the ordinary revenue, except in cases in which
another provision is herein expressly made.

Section 9. All acts and parts of acts, all provisions of
law whatsoever, resolves and parts of resolves, customs,
traditions, usages and prescriptions, which are inconsistent
with the provisions of this act (excepting only such as may
be contained in the constitution of the United States, the
constitution of the Commonwealth of Massachusetts and the
first chapter of the acts of the present year) are hereby
repealed, abrogated and annulled.

Section 10. This act shall take effect from and after its

passage. Approved February 12, 1858.

ChaV. 1 2. -^^ -^^"^ RELATING TO THE STATE LUNATIC HOSPITALS.

Be it enacted, Sfc, as follows:
Annual meet- Thc trustccs of tlic statc luuatic liospitals shall hold their
hefd.^^^° *° ^® annual meetings between the first and fifteenth days of
October, in each year, at which time the treasurers shall pre-
sent their annual reports made up to the thirtieth day of
September, inclusive. Approved February 13, 1858.

Chap

1 Q An Act concerning the boston and new york central rail-
road COMPANY.

Time for con-
struction ex-
tended.

Proviso.

Be it enacted, Sfc, as follows:

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-nine : provided, hoiv-
ever, that any person or persons whose land or other property
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 February 13, 1858.

An Act in relation to the institution for savings in new-
buryport and its vicinity.

Be it enacted, Sfc, as follows :
Treasurer to be SECTION 1. The trcasurcr of tlic iustitutiou for savings
e^ec e y rus- .^ Ncwburyport aud its vicinity, shall hereafter be elected

by the trustees thereof.

Chap. 14.

1858.— Chapters 15, 16, 17. 17

Section 2. So much of tlie act incorporating said insti- Repeal.
tution as is inconsistent herewith, is hereby repealed.

Approved February 13, 1858.

An Act CONCERNING THE BROADWAY RAILROAD COMPANY. Ckcip. 15.

Be it enacted, Sfc, as foUoics :

Section 1. The time within which the Broadway Rail- Time for paying
road Company is required, by the eleventh section of the capuarstock*e.^-
four hundred and forty-fourth chapter of the acts of eighteen tended.
hundred and fifty-four, to pay in ten per cent, of its capital
stock, is hereby extended for the period of six months from
the passage of this act. The existence of said corporation
shall continue for the period limited in the thirteenth section
of said four hundred and forty-fourth chapter, subject to the
provisions of said chapter ; of the two hundred and six-
teenth chapter of the acts of eighteen hundred and fifty-
seven, and of this act.

Section 2. Said corporation is hereby authorized to May iucreaso
increase its capital stock by an amount not exceeding one ''''''''^'*' ''*°"'^"
hundred thousand dollars, to be divided into shares of fifty
dollars each : provided, that no shares shall be issued for Proviso.
a less sum, to be actually paid in, than the par value
thereof; provided, also, that this act shall not go into opera-
tion until it shall be assented to by the city of Boston.

Approved February 13, 1858.

Chap. 16.

An Act to authorize the heirs of john black to extend

THEIR wharf. *

Be it enacted, &x., as follows :

Section 1. The heirs of John Black, proprietors of May extend
Black's wharf, so called, in Chelsea, are hereby authorized
to extend their wharf in a southerly direction, to the com-
missioners' line : provided, hoivever, that this act shall not Proviso.
in any manner interfere with the legal rights of any person
or persons whatever ; and provided, also, that said exten-
sion shall be built on piles.

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

passage. Approved February 13, 1858.

An Act to incorporate the dorchester fire insurance Chnj) ] 7

company. ^

Be it enacted, &i'c., as follows :

Section 1. Asaph Churchill, John H. Robinson, Charles corporatow.
A. Wood, their associates, successors and assigns, are hereby
made a corporation, for the term of twenty years from the Duration.
passage of this act, by the name of the Dorchester Fire
3

18 1858.— Chapters 18, 19, 20.

Location. Iiisuraiice Company, to be established in the town of Dor-

purpose. Chester, and county of Norfolk, for the purpose of making

Privileges, re- insuraucc agaiust losses by fire ; with all the powers and
8 no ions, c. privileges, and subject to all the duties, liabilities and restric-
tions, set forth in any and all statutes or general laws of this
Commonwealth which are now, or may hereafter be in force
relative to insurance companies.
Capital stock SECTION 2. The Said corporation shall have a capital
Shares sioo each, stock of fifty thousaiid dollars, divided into shares of one
hundred dollars each, with liberty to pay in and increase the
same to an amount not exceeding one hundred thousand
Real estate sio,- dollars, and to hold real and personal estate for its use, not
exceeding ten thousand dollars. Approved February 13, 1858.

Chap. 18. ^^' -^CT TO CONFIRM THE TRANSFER OF THE FRANCHISE OF THE
SAUGUS BRANCH RAILROAD COMPANY TO THE EASTERN RAILROAD
COMPANY.

Be it enacted, §"c., .as follotcs :

Transfer and sale SECTION 1. Thc trausfcr aiid salc heretofore made by the
Saugus Branch Railroad Company, of its franchise, rights
and property, to the Eastern Railroad Company, in accord-
ance with the provisions of the one hundred and sixty-fourth
cliapter of the acts of the year eighteen hundred and fifty-

Priviiegps, re- two, are hereby confirmed; and said Eastern Railroad Com-
pany shall have all the powers and privileges, and be subject
to all the duties and liabilities, set forth in the act of incor-
poration of said Saugus Branch Railroad Company, and the
several acts in addition thereto.

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

passage. Approved February 13, 1858.

Choi) 19 -^^ -^^^ CONCERNING THE MILLBURY AND SOUTHBRIDGE RAILROAD
^ ' " COMPANY.

Be it enacted, Sfc, ax folloios :

Time for com pie- SECTION 1. Tlic timc withiii whicli tlic Millbuiw and
ye"vT^"'^'' '""^ Southbridge Railroad Company may complete their railroad,

is hereby extended two years from the time now allowed by

law.

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

passage. Approved February 13, 1858.

Chan 20 ^^ ^^^ ^^ extend the time within which to locate and con-

J ' ' struct the new YORK AND BOSTON RAILROAD.

Be it enacted, ^'c, as follows :

Time for locating, SECTION 1. The time for locating and constructing the
UTo'year^s''*''"'^*'* ^^'^ York aud Bostou Railroad, is hereby extended two

years beyond the time now required by law.

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

passage. Approved February 18, 1858.

1858.— Chapters 21, 22, 23. 19

An Act to authorize henry a. potter and others to maintain Chop. 21 .

AND EXTEND THEIR WHARF.

Be it enacted, §•(?., as follows :

Section 1. Henry A. Potter, Moses Gilbert and Benja- May wideu wharf
min Potter, Jr., proprietors of Potter's wharf, so called, in
Marblehead, are hereby authorized to maintain said wharf,
and to widen it sixteen feet on the eastern side, and sixty
feet on the western side thereof; and they shall have the Rights, &o.
right to lay vessels at the end and sides of said wharf, and
to receive wharfage and dockage therefor : provided, how- ProTiso.
ever, that this act shall not in any way interfere with the
legal rights of any person or persons whatever.

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

passage. Approved February 13, 1858.

AnAc T making AN APPROPRIATION FOR THE EMERGENCY FUND. Ckcit) 22

Be it enacted, Sfc, asfoUoivs :

There is hereby appropriated the sum of ten thousand f ^"§0°*'^' ^^"^
dollars, to be designated as the Emergency Fund, which appropriated.
shall be paid out of the treasury of this Commonwealth,
from ordinary revenue, on any warrants of the governor
which may be drawn from time to time, for such amounts,
not exceeding, in the aggregate, ten thousand dollars, as, in
the judgment of the governor, by and with the advice and
consent of the council, may be necessary for the defence
and support of the Commonwealth, and for the protection
and preservation of the inhabitants thereof: provided, that proviso,
no part of this sum shall be expended for services or objects
for which there are or may be subsisting appropriations
contained in any act or resolve which has been or may be
passed at the present session of the general court ; and an
account shall be rendered to the next general court, on or
before the fifteenth day of January next, of the manner in
which said fund, or any part thereof, has been disbursed.

Approved February 15, 1858.

An Act concerning complaints before .justices of the peace (Jhnr) 23

AND police courts. "

Be it enacted, Sj'c, as foUoios:

The provisions of the fourteenth section of the one hun- Provisions of

■C^ f> 1 -r-» • 1 CI 1 statutes estena-

dred and thirty-seventh chapter of the Revised Statutes, and ed.
of the third section of the thirty-seventh chapter of the acts
of the year eighteen hundred and fifty-two, are hereby
extended to complaints before justices of the peace or police
courts. Approved February 15, 1858.

20

1858.— Chapter 24.

Chap. 24.

Appropriations
autlaorized.

Militia bounty.
Printing.

Plymoutti Re-
cords.

Other payments.

Court reports.

Coroners.

Sheriffs.

Newspapers.

Indians.
Celebration.

County treasu-
rers.

Armories.
Militia ofiScers.

Military
accounts.

Almshouses.

Payments, how
made, &c.

An Act making appropriations to pay certain expenses of

the year one thousand eight hundred and fifty-seven.
Re it enacted, S^c, as follows :

Section 1. Tlie sums hereinafter mentioned are appro-
priated, and shall be allowed and paid out of the treasury of
the Commonwealth, upon the warrants of the governor, to
meet certain expenses belonging to the year one thousand
eight hundred and fifty-seven, that is to say :

For militia bounty, forty-six thousand seven hundred and
forty-two dollars and fifty cents.

For state printing, four thousand three hundred and fifty-
three dollars and forty-six cents.

For printing New Plymouth Records, five thousand nine
hundred dollars and thirty-five cents.

For certain other payments for which warrants had been
drawn by the governor under existing laws, prior to the
passage of the act to establish a better system for the admin-
istration of the finances of this Commonwealth, one thousand
three hundred and ninety-nine dollars and twenty-three
cents.

For term reports, purchased and delivered, one thousand
and thirty-nine dollars and twenty-three cents.

For coroners, a sum not exceeding two hundred and fifty
dollars.

For sheriffs, a sum not exceeding nine hundred and fifty
dollars.

For newspapers, a sum not exceeding one hundred dol-
lars.

For Indians, a sum not exceeding fifty dollars.

For the celebration of the seventeenth of June in the year
one thousand eight hundred and fifty-seven, a sum not
exceeding two thousand four hundred and fifty-eight dollars
and fifty-four cents.

To reimburse to county treasurers two-thirds of the costs
of criminal prosecutions, a sum not exceeding thirty-five
thousand dollars.

For rent of armories, twelve thousand two hundred and
seventy-seven dollars and sixteen cents.

For militia bounty for field and staff officers, two thousand
seven hundred dollars.

For military accounts, four thousand five hundred and
fifty-nine dollars and nineteen cents.

For expenses of state almshouses, a sum not exceeding
six thousand dollars.

Section 2. All of the said payments shall be made from
the ordinary revenue of the present year, excepting such,

1858.— Chapters 25, 26, 27. 21

amounting in the aggregate to one hundred and fifty-nine
dollars and fifty cents, as, by law, are payable from other
accounts.

Section 3. The provisions of the third and eighth sec- .^i*'ro'pSn
tions of the act making appropriations for the maintenance act.
of the government during the current year, shall apply to
the appropriations contained in this act.

Section 4. This act shall take eifect from and after its

passage. Approved Februartj 16, 1858.

An Act in addition to an act entitled "an act to establish Qfi^n^ 25.

THE state reform SCHOOL." "'

Be it enacted, Sj-c, as follows:

The court or justice, authorized by the fourth section of Magistrate shaii

V J J state lu mittinius

the act to establish the state reform school, to sentence boys ages of boys com-
to the state reform school, shall ascertain as near as may be, ™' ^ '
and state in the mittimus, the ages of boys committed to
said reform school. Approved February 19, 1858.

An Act relating to the estates of deceased paupers. CllCfp. 26.

Be it enacted, S^c, as follows :

Section 1. The provisions of the fifty-fourth chapter of r^*"' °ij"f J' '"{'''to
the general laws of the Commonwealth, passed in the year learestat'e, &c.
one thousand eight hundred and thirty-seven, and all the
rights and remedies thereby conferred on cities and towns as
respects the personal property of deceased paupers, shall
apply to the real estate and all other property of paupers ;
and in such case the city or town may sue to recover pos-
session of any such real estate, and make conveyance of the
same in due form of law.

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

passage. Approved Februanj 19, 1858.

An Act concerning the lynn mutual fire insurance company. Chan. 27.

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

Section 1. The Lynn Mutual Fire Insurance Company, ^°/ii''gg'c°re^t^ar^'o^f
in the city of Lynn, is hereby authorized to file a notice of the common-
the acceptance of its charter, with the secretary of the Com- "^^^
monwealth, 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 requirements of the stat-
utes of this Commonwealth, regulating the business of
insurance companies.

Section 2. This act shall take effect from and after its
passage. Approved February 19, 1858.

22 1858.— Chapters 28, 29.

Chap. 28. -^N -^CT TO INCORPORATE THE WARREN MUSEUM OF NATURAL HISTORY.

Be it enacted, §'c., as follows:

Corporators. SECTION 1. Joiiatlian Masoii Warren, James Sullivan

Warren, Mary Collins D wight and Emily Warren Appleton,
all of Boston, in the county of Suffolk, are hereby made a

Name. corporatiou by the name of the Warren Museum of Natural

Purpose. History, for the purpose of continuing and maintaining the

collection of fossils and other curiosities, made by John
Collins Warren, late of said Boston, as a museum for public

Priviieges, re- protit aud iustructiou : with all the powers and privileges,

Btrictions, &c. '■ ^ ,. hit- • • iti-i--

and subject to all the duties, restrictions and liabilities, set

forth in the forty-fourth chapter of the Revised Statutes.

Duration. SECTION 2. Said corporation shall continue during the

life of the survivors and survivor of the persons named in

Real and person- thc fii'st scctioii, aiid sliall havc powcr to hold real and per-

ai estate »6o,ooo. gQ,-^j^| estatc, iu additlou to the collection of fossils and other

curiosities, to the amount of fifty thousand dollars, to be

devoted to the purposes aforesaid. Approved February 19, 1858.

Chen '^9 ^^ '^^^ ^^ INCORPORATE THE CHELSEA BEACH RAILROAD COMPANY.

Be it enacted, §■£., as follows:

Corporators. SECTION 1. Johu F. Fcuno, Heuiy W. Dale and John

Fenno, their associates and successors, are hereby made' a
corporation by the name of the Chelsea Beach Railroad
Company, with power to construct, maintain and use a

Power to con- railway, with convenient single or double tracks, beginning

i-truct railway. ^^ i\^q termiiHis of thc Bostoii and Chelsea Railroad, upon
the Boston and Salem turnpike, at the line separating ihe
city of Chelsea from the town of North Chelsea, and from
thence over and upon said turnpike, and such other high-
ways in said town of North Chelsea, to that portion of said
town known as " Chelsea Beach," as may, from time to time,
be fixed and determined by the selectmen of said town, and
assented to in writing by said company, which location and
assent shall be filed with and recorded by the clerk of said

Proviso. town : provided, however, that no track shall be laid upon

said turnpike until the written consent thereto of said turn-
pike corporation shall have been first obtained. Said com-

May connect rail- pauy Hiay coniicct Its railway with the railw^ay of said Chelsea

^'^^' Railroad Company, in such manner, and upon such terms

as may be mutually agreed upon in writing by said companies :

Proviso. provided, hov:ever, that such connection shall be assented

to by the mayor and aldermen of the city of Chelsea.

Notice to abut- jsTq^^^jq ^f i\^q intended location of such railway shall be
given by said selectmen to the owners or occupants of* the

1858.— Chapter 29. 23

lands abutting on such turnpike and highways, fourteen
days, at least, before the hearing, to show cause, if any they
have, wby such location should not be made.

Section 2. The tracks of said railway shall be laid at Tracks, how laid,
such distances from the sidewalks in said town, and the road
shall be constructed and maintained in such form and man-
ner, and upon such grade and with such gauge, as the
selectmen may in their order fixing the route thereof, pre-
scribe and direct ; and whenever said company may desire
to alter the grade of said turnpike or highways, so occupied
by it, such alteration may be made at its sole expense : pro-
vided, the same shall be assented to by said selectmen, and
also by said turnpike corporation, if such alterations are
desired in said turnpike.

Sections. Nothing in this act shall be construed to Act not to pre-
prevent the town authorities of said town, or said turnpike &c° ^"^ °"'"^'
corporation, from taking up any of the public streets traversed
by said railway, for the purposes for which they may now
lawfully take up the same.

Section 4. Said railway shall be operated and used by norae-power
said company, with horse-power only, and shall not connect °" ^"
with any other railway on which other power is used. Said Rateof gpced.
selectmen may, at all times, make such regulations as to the
rate of speed and mode of use of said tracks, as they may
deem to be for the public safety and convenience ; and they
shall also have the power, at any time after the expiration
of one year from the opening of said railway for use, upon
any road on which the same may be located, under this act,
to order that the whole or any part thereof shall be discon-
tinued ; and thereupon the location shall be deemed to be Location may b«
revoked as to such part, and the tracks of said railroad ''^'"^^^'^■
thereon, shall be forthwith removed in conformity with such
order, at the expense of said company.

Sections. Said company is hereby authorized to pur- May hoid ruau-s-
chase and hold such real estate, within said town, as may be
necessary or convenient for the purposes and management
of said road, and also to fix, from time to time, such rates
of compensation for transporting persons or property as they
may think expedient; and shall be entitled to all the rights ftriTtioM' ' &™'
and privileges, and subject to all the duties, restrictions and
liabilities, prescribed in the forty-fourth chapter of the
Revised Statutes, so far as the provisions of said chapter are
applicable thereto, and all general laws which have been, or
may hereafter be passed, relating to horse railroads.

Section 6. Said company shall not encumber any portion ^°\j'^a^g*^^™^"
of said turnpike or highways, not occupied by its tracks, nor

M 1858.— Chapter 29.

shall tliej cross with their railway any railroad at the same
level or grade, or otherwise obstruct or alter any such rail-
Repairs, road, and shall maintain and keep in repair such portion of
said turnpike and highways, respectively, as shall be occupied
Liability for in- by its tracks, aud shall be liable for any loss or injury that
any person may sustain by reason of any carelessness, neglect,
or misconduct of its agents or servants in the construction,
management, or use of said tracks or road ; and in case any
recovery shall be had against said town or turnpike corpora-
tion by reason of such defect, want of repair, or use, said
company shall be liable to pay to said town or turnpike cor-
poration, respectively, any sum so recovered against them,
or either of them, together with all cost, and reasonable
expenditures incurred by said town or turnpike corporation,
respectively, in the defence of any su.it or suits in which such
recovery shall be had.
Penalty for ob- SECTION 7. Any pcrsou wlio sliall Wilfully and maliciously
ratron!°° '^^'^^°' obstruct Said company in the use of said road or tracks, or
the passing of the cars of said company thereon, or shall aid
or abet therein, shall be punished by a fine not exceeding
five hundred dollars, or imprisonment in the common jail
Penalty of corpo- for a pcriod uot cxcceding three months. If said company,
ration o s ruct- ^^, ^^^ agcuts or scrvauts, shall wilfully and maliciously
obstruct any highway, or the passing of carriages over the
same, such company shall be punished by a fine not exceed-
ing five hundred dollars.
$ioo,ooo!°in Section 8. The capital stock of said company shall not
shares off 100. excccd onc liuudred thousand dollars, to be divided into
shares of one hundred dollars each ; and no shares shall be
issued for a less sum, to be actually paid in on each, than
the par value of the shares which shall first be issued.
North Chelsea SECTION 9. Thc towii of Nortli Chclsea may, at any time
franchisJ*,Tc.^^* dui'ing tlic continuaucc of the charter of said company, and
after the expiration of ten years from the opening of any
part of said road for use, purchase of said company all its
franchise, rights and property, by paying to said company
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.
&c' ''°''*' ""'^''' Section 10. This act shall be void so far as refates to the
right to construct said road in said town, unless the same
shall be accepted by the inhabitants of North Chelsea, at a
legal town meeting, and unless the same shall be accepted

1858.— Chapters 30, 31. 25

by said company, and ten per cent, of the capital thereof
paid in within one year from the passage of this act.

Section 11. The existence of this corporati,on is hereby Duration,
limited to the period of fifty years from the passage hereof:
provided, nevertheless, tliat the legislatnre may at any time Proviso.
repeal this act, or limit, restrict, or annul any powers herein
granted.

Section 12. This act shall take effect from and after its
passage. Approved February 24, 1858.

Chap. 30.

An Act concerning the south danvers mutual insurance

COMPANY.

Be it enacted, §'c., as follows :

Section 1. The South Danvers Mutual Fire Insurance Nptice to be eied
Company, in the town of South Danvers, is hereby autho- commonwealth.
rized to file a notice of the acceptance of its charter, with
the secretary of the Commonwealth, within thirty days of
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, regu-
lating the business of insurance companies.

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

passage. Approved February 24, 1858.

An Act relating to costs of coroners' and fire inquests. Chap. 31.
Be it enacted, Sfc, as foUoios :

Section 1. It shall be the duty of coroners holding ^i°^°°^t^^''°^ti"„
inquests under the laws of this Commonwealth, and of expenses of fire
justices of the peace holding fire inquests under the pro- t)Xmmi.4onew,
visions of the four hundred and twenty-fourth chapter of ^^^^/^ i,^^^,'^^^''^^
the acts of the year eighteen hundred and fifty-four, to "i^f to auditor

•'o „ ,. -IT of City of Boston.

return an account of the expenses oi such inquests, includ-
ing their own fees, to the county commissioners of the county
within whicli said inquests shall be held, when said inquests
are not held within the county of Suffolk, and to the auditor
of the city of Boston, when such inquests are held within
the county of Suffolk ; and said county commissioners and Acc-tstobeaudit-

,. Ill, T, "1 X 1 iTx^dby said com-

auditor shall thereupon audit said accounts, and certiiy to missioners and
the treasurer of the Commonwealth, or to the treasurer of them°cert'ified 'to
the county within which said inquests shall be held, as the ^"j^e^^^^oV
case may demand, the fees and expenses by said commis- county.
sioners and auditor deemed just and reasonable ; and said
treasurers'^shall thereupon pay to the persons entitled to
receive the same, the amounts so certified to them ; and no
sums shall be paid for expenses of fire or coroners' inquests,
except in accordance with the provisions of this act.

4

26 1858.— Chapters 32, 33, 34, 35.

Repeal. SECTION 2. So mucli of the eleventh section of the one

hundred and forty-first chapter of the Revised Statutes, as
provides that all the expenses of the inquisition upon the
dead body of a stranger, shall be paid to the coroner, and
all other acts and parts of acts inconsistent herewith, are
hereby repealed. Approved February 25, 1858.

Chan 32 ^^ ^^^ concerning the kecords of courts of insolvency.
Be it enacted, Src, as follows:

Proceedings to be SECTION 1. Tho proccediugs in all cases in courts of

corded'^ "° '^^' iusolvcncy shall be deemed matters of record ; but the same
shall not be required to be recorded at large, but shall be
carefully filed, kept and numbered in the offices of the reg-
isters of insolvency respectively, and dockets only, or short
memoranda thereof, with the numbers, shall be kept in

Proviso. books by the said registers : provided, that the assignment

and certificate of discharge, shall be recorded in full.

Section 2. This act shall apply to all cases in insolvency,
the records whereof are not actually completed.

Kepeai. SECTION 3. All acts and parts of acts inconsistent with

the provisions of this act, are hereby repealed.

Section 4. This act shall take effect from and after its

passage. Approved February 27, 1858.

Chap. 33.

An Act in addition to an act entitled " an act relating to

the descent and distribution of estates of intestates."
Be it enacted, &j'c., as follows :
Estate of widow j^ q]\ cascs wlicro a widow is entitled to any estate under

to be assigned .. />i/>iiti

same as dower, tbc provisious 01 thc four huudrcd and sixth chapter of the
acts of the year eighteen hundred and fifty four, said estate
may be assigned to her in the same manner as dower may
now be assigned by the provisions of the sixtieth chapter of
the Revised Statutes. Approved February 27, 1858.

Chap. 34. An Act to amend the two hundred and sixth chapter of the

ACTS OF THE YEAR EIGHTEEN HUNDRED AND FIFTY-ONE, TO PRO-
VIDE further remedy for CREDITORS.

Be it enacted, ^c, as follows:
amende^^.^^ The first scctiou of tlic two huudrcd and sixth chapter of

the acts of the year eighteen hundred and fifty-one, is hereby
amended, by striking out therefrom the words " not residing
in this Commonwealth." Approved February 27, 1858.

Chan. 35. -^^ -^'^^ ^^ incorporate the European wharf company, in

^ ' * BOSTON.

Be it enacted, ^'c, as folloivs :

Corporators SECTION 1. Albert Thomdikc, Ephraim A. Hall, John

H. Welles, their associates and successors, are hereby made

1858.— Chapter 35. 27

a corporation, by the name of the European Wharf Com- Name.
pany, with power to purchase and hold in fee simple, or
otherwise, any part, or the whole of the real estate, with all Po^er.
the privileges and appurtenances to the same belonging,
southerly of Lewis Street, south-westerly of Marginal Street,
and northerly of estate now or formerly of Edwards, Hol-
man and Company, in East Boston ; and said corporation May construct
may construct docks and wharves, and lay vessels within ^^arres, &c.
and at the sides and ends thereof, and receive wharfage and
dockage therefor ; erect buildings, lay out streets and pas-
sage-ways, 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, and may contract with
railroad corporations relative to depot accommodations on
the premises, and to the use of their roads for transportation
of passengers and merchandise : provided, that nothing proviso.
herein contained shall authorize said corporation to infringe
upon the legal rights of any person, or to build any wharf or
other structure on the premises not authorized by law.

Section 2. No shares in the capital stock of said corpo- f^^^^^ not to be
ration, shall be issued for a less sum or amount, to be actu- parvaiue.
ally paid in, than the par value of the shares first issued.

Seotion 3. Said corporation may, at any legal meeting, shares not to ex-
agree upon the number of shares, not exceeding ten thou- ^^''lO'Ooo-
sand, into which their capital stock shall be divided, which
shares shall be transferable in a book to be kept by the
clerk of the corporation for that purpose; and may from Assessment of
time to time assess 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, improve-
ments and management of their estate ; and may, in case Penalty.
any stockholder shall neglect to pay any such assessments,
cause such of the shares of each stockholder as may be suf-
ficient therefor, to be sold in such manner as said corpora-
tion by their by-laws may determine.

Section 4. Said corporation shall have all the powers Privileges, re-
and privileges, and be subject to all the duties, restrictions ^ ™ '°"^'
and liabilities, contained in the forty-fourth chapter of the
Revised Statutes, or any other law of this Commonwealth,
which applies to similar corporations.

Section 5. This act shall take effect from and after its

passage. Approved February 27, 1858.

28

1858.— Chapters 36, 37, 38.

Chap. 36. ^^ -^CT TO INCORPORATE THE CHURCH HOME FOR ORPHAN AND

DESTITUTE CHILDREN.

Be it enacted §'c., as follows :

Corporators. That Maiitoii Eastbum, Alexander PI. Vinton, Charles

Mason, George M. Randall, John Codman, John Jeffries
Junior, William R. Lawrence, John B. Alley, J. Nelson
Borland, Otis Daniell, Robert M. Mason, Foster Waterman,
Nathan Matthews, and their associates and successors, be.

Name. ^^^^ hereby are, incorporated under the name of the

Church Home for Orphan and Destitute Children, in

Purpose. Boston ; for the purpose of providing for such children a

home, education, and moral, and religious training, in
accordance with the usages of the Protestant Episcopal
Church : and said corporation 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

'^?l''°i'o^n''nna"''' Statutes: and for the purposes aforesaid the said corporation

estate $200,000. ,ii, i-i ii -n iii i , ,^

sliali be and is hereby authorized to hold real estate to the
amount of fifty thousand dollars, and personal estate to the
amount of one hundred and fifty thousand dollars ; with
full power to manage, convey and change the investment of
the same, from time to time, as to said corporation may
seem necessary to secure the purposes aforesaid.

Approved March 1, 1858.

Privileges, re-
strictions, &c.

New Jail, Lowell,
established.

Old Jail discon-
tinued.

Chap. 37. -A.isr Act concerning jails in Middlesex county.

Be it enacted, §"c., as follows :

Section 1. The county commissioners for the county of
Middlesex, are hereby authorized to establish the new jail,
lately erected by them oh a lot of land on Thorndike Street,
in Lowell, in said county, as one of the jails for the use of
said county.

Section 2. Said commissioners are also authorized to
discontinue the old jail, situated on a lot of land on Button
Street, in said Lowell.

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

passage. Approved March 4, 1858.

Chap. 38. An Act in addition to "an act to incorporate the west rox-

BURY railroad COMPANY."

Be it enacted, §-c., as follows :

Location. Section 1. The Wcst Roxbury Railroad Company is

hereby authorized to extend its railway from the line sepa-
rating the town of West Roxbury and the city of Roxbury,
on Center Street, through and over Center Street, in the
city of Roxbury, to the southerly end of Lowell Street at its

1858.— Chapter 38. 29

junction with Heath Street, in said Roxbury, and there
connect with the railway of the Metropolitan Railroad Com-
pany : provided, hoivever, that such location and connection i'i""so.
shall be assented to by the city council of said city of Rox-
bury. In case of any disao-reement as to the mode of con- if nnnue to

. •' . ~ PI J} • J agree, supreme

nection or the manner, time, or extent oi the use oi said court to appoint

railways respectively, or the compensation to be paid there- <^°'"'^s'''°"«''''-

for, tlie same shall be adjusted and determined by three

commissioners to be appointed by the supreme judicial court,

upon the petition of either party, and upon notice to the

other party, and the award of such commissioners shall be

binding until revised by other commissioners to be appointed

as aforesaid ; but no such revision shall be made within one

year after such award, unless the court shall otherwise

order. The compensation of such commissioners shall be compensation.

paid by said companies in equal shares.

Section 2. The tracks of said railway shall be laid at

Tracks,
l.iid.

such distances from the sidewalks in said city, and the road

shall be constructed and maintained in such form and

manner, and upon such grade, and with such gauge, as the Grade and gauge.

mayor and aldermen of said city may prescribe and direct ;

and Avhenever said company may desire to alter the grade

of said streets, so occupied by it, such alteration may be

made at its sole expense : provided, the same shall be Proviso.

assented to by said mayor and aldermen.

Section 3. Nothing in this act shall be construed to Act not to pre-

i..^„.-,.^ ,. n vent autnonties,

prevent the authorities oi said city irom taking up any oi &c.
the public streets traversed by said railway, for the purposes
for which they may now lawfully take up the same.

Section 4. Said railway shall be operated and used by iiorse-power on-
said company, with horse-power only, and shall not connect
with any other railway on which other power is used. The P^^^^f conferr-
mayor and aldermen of said city may, at all times, make
such regulations as to the rate of speed, and mode of use of
the tracks, as they may deem to be for the public safety and
convenience ; and they shall also have the power, at any
time after the expiration of one year from tlie opening of
said railway for use, upon any street on which the same may
be located under this act, to order that the whole or any
part thereof shall be discontinued, and thereupon the loca-
tion shall be deemed to he revoked as to such part ; and the
tracks of said railway thereon shall be forthwith removed
in conformity with such order at the expense of said
company.

Section 5. Said company is hereby authorized to pur- Eeai and person-
chase and hold such real and personal estate, within said

30

1858.— Chapter 38.

Rates of fore.

Privileges, le-
Btrictions, &c.

Repairs, &c.

Penalty for ob-
structing, &c.

Roxbury aud
West Roxbury
may purchase
franchise, &c.

May lease or sell
to Metropolitan
Co.

city, as may be necessary or convenient for the purposes and
management of said road, and also to fix, from time to
time, such rates of compensation for transporting persons or
property, as they may think expedient ; and shall be entitled
to all the rights and privileges, and subject to all the duties,
restrictions and liabilities, prescribed in the forty-fourth
chapter of the Revised Statutes, so far as the provisions of
said chapter are applicable thereto, and all general laws
which have been, or may hereafter be passed, relating to
horse railroads.

Section 6. Said company shall maintain and keep in
repair such portion of said streets as shall be occupied by
its tracks, and shall not encumber any other portions
thereof, 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 or servants in the construction,
management, or use of said railway ; and in case any recov-
ery shall be had against said city by reason of such defect,
want of repair, or use, said company shall be liable to pay
to said city any sum so recovered against it, together with
all cost and reasonable expenditures incurred in the defence
of any suit or suits in which such recovery shall be had.

Section 7. Any person who shall wilfully and ma-
liciously obstruct said company in the use of said railway,
or the passing of the cars of said company thereon, or shall
aid or abet therein, shall be punished by a fine not exceed-
ing five hundred dollars, or imprisonment in the common
jail for a period not exceeding tliree months. If said com-
pany or its agents or servants shall wilfully and maliciously
obstruct any highway, or the passing of carriages over the
same, such company shall be punished by a fine not exceed-
ing five hundred dollars.

Section 8. The city of Roxbury and the town of West
Roxbury may at any time during the continuance of the
charter of said company, and after the expiration of ten
years from the opening of any part of said railway within
said city of Roxbury for use, purchase of said company all
its franchise, rights and property, by paying to said com-
pany 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.

Section 9. The West Roxbury Railroad Company is
hereby authorized to lease or sell its franchise, rights and

1858.— Chapters 39, 40. 31

property, to the Metropolitan Railroad Company in accord-
ance with the agreements made by said companies, dated
respectively September third, and October twenty-ninth in
the year eighteen hnndred and fifty-seven, which agreements
are hereby confirmed and assented to, and may be carried
into effect by said companies accordingly.

Section 10. All acts and parts of acts inconsistent here- Repeal, &c.
with, are hereby repealed. And any authority heretofore
given to the West Roxbury Railroad Company to lay a track
or tracks in the city of Roxbury, except as herein provided,
or to lay a track or tracks in any street in the city of
Boston, or to connect the track of the company with the
track of the Metropolitan Railroad Company at any point,
or in any manner, except as herein provided, is hereby
revoked.

Section 11. This act shall be void, unless assented to Act void unless,
by the city council of the city of Roxbury, and the select- ^''■
men of the town of West Roxbury.

Section 12. This act shall take effect from and after its
passage. Approved March 5, 1858.

An Act IN ADDITION TO " an act making appropriations to pay QIkci^ 39

CERTAIN EXPENSES OF THE YEAR ONE THOUSAND EIGHT HUNDRED -^ '

AND FIFTY-SEVEN."

Be it etiacted, ^c, as follows :

Section 1. The appropriations contained in chapter Appropriations
twenty-four of the acts of the present year, may be applied pV retro'sp°ec*-^
to pay any expenses for the objects therein mentioned, *'^®'y-
incurred prior to the year one thousand eight hundred and
fifty-seven, as well as for such as were incurred during that
year.

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

passage. Approved March G, 1858.

^ .

An Act relating to the trustee process. Chan. 40.

Be it enacted, &;c., asfollotvs:

Any dividend due from an assignee of an insolvent debtor, Dividend in
may, after the dividend has l)eeii declared, be attached in nfay'^be°attached;
such assignee's hands, by the trustee process : provided, said ^° ^^.^^
dividend is not upon a claim for wages, which would not
have been attachable in the hands of the original debtor.

Approved March 8, 1858.

32 1858.— Chapter 41.

ChaV 41 "^^ -^^^ ^^ CONTINUE THE CHARTER OF THE EQUITABLE SAFETY
^ ' * INSURANCE COMPANY.

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

Act coDtinucd. Section 1. The Equitable Safety Insurance Company is
Duration. liercby continued a corporation for the period of twenty

years, from and after the expiration of the period originally
Privileges re- limited in its act of incorporation; with all the powers and
privileges, and subject to all the duties, liabilities and restric-
tions, 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.
Reserved profits, SECTION 2. The rcscrved profits which shall be held by
said company at the time of the expiration of its present
charter, shall be divided among the respective persons and
corporations tliereto respectively entitled at the time of such
expiration .
Profits may re- SECTION 3. It sliall bc lawful for tlio Said company to
pMy 2o'^years^ agree witli any of such persons or corporations, to allow and
^''- permit the whole, or any part of such profits, accruing to

them respectively, to remain with said company during the
period for which the corporation is liereby continued, and to
permit such persons or corporations to receive such portion
of the future profits of the business of said company, as shall
be deemed just and equitable.
Profits to be per- SECTION 4. Any of the reserved profits aforesaid, which
shall be continued with said company as aforesaid, shall, to
the extent thereof, be deemed and taken to be a permanent
fund in lieu and stead of the subscription notes provided to
be given in and by tlie eighteenth and succeeding sections of
the two hundred and fifty-second chapter of the statutes of
the year eighteen hundred and fifty-six.
Profits not to be SECTION 5. No part of the future profits of the business of
Tept, &T° ^^ the said insurance company, and no part of the said reserved
profits which shall be permitted to* remain with the said
company, as aforesaid, shall be withdrawn from the said com-
pany except for the payment of losses and expenses ; except
that the said company may, from time to time, pay to the
parties respectively entitled thereto, such sums as shall be
received or realized from the investment of such profits ; and
said company may, from time to time, pay off such reserved
profits so left with them as aforesaid, and such portion of
their future profits, as the persons or corporations entitled to
such reserved profits shall be allowed to receive pursuant to
Proviso. the provisions of the third section of this act : provided, such

payment shall leave net earned profits with said company, as
a permanent fund, to the amount of not less than two hun-
dred thousand dollars. Apjjroved March 8, 1858.

1858.— Chapters 42, 43, 44. 83

An Act ceding jukisdiction to the united states over cer- QJiq^^^^ 42

TAIN LANDS AND THEIR APPURTENANCES FOR A LIGUT-KEEPER'S ^ ' "''

HOUSE, WAREHOUSES AND LANDINGS, IN THE TOWN OF COHASSET.
Be it enacted, §'c., as follows :

Section 1. That the jurisdiction of such tract of land, Junsdicuon ce-
and its appurtenances and water-privileges, whicli the United
States of America may purchase, within the town of Cohasset,
for the purpose of erecting and establishing a light-keeper's
house, warehouse and wharf, and other structures, as a shore
establishment for the convenience of Minot's Ledge Light, be
and is hereby ceded to the United States of America : ;>ro- ProTiso.
vided, ahvai/s, that this Commonwealth shall retain concur-
rent jurisdiction with the United States, so far that all civil
and criminal processes, issued under the authority of this
Commonwealth, or any officer thereof, may be executed
within the limits of said site, in the same manner as if juris-
diction had not been ceded as aforesaid.

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

passage. Ajjproved March 8, 1858.

An Act relating to the exemption of the property of CJiap, 43.

WIDOWS AND UNMARRIED FEMALES FROM TAXATION. ^ '

Be it enacted, §'c., asfolloivs:

Section 1. The property of any widow or unmarried ^^P^'^'/^f ^5oo
female, or of any female minor whose father is deceased, to exempted.
the amount of five Inmdred dollars, shall be exempted from
taxation : provided, that the whole estate, real or personal, p*""^'^"-
of such person whose property is so exempted from taxation,
does not exceed in value the sum of one thousand dollars,
exclusive of property exempted from taxation by existing
laws.

Section 2, Chapter three hundred and fifty-five of the
acts of eighteen hundred and fifty-three is hereby repealed.

Approved March 8, 1858.

An Act to amend the forty-seventh chapter of the acts of Chap. 44.

the year eighteen hundred and fifty-six, respecting NAT- -^

URALIZATION.

Be it enacted, §'c., asfolloivs:

Tlie first section of the forty-seventh chapter of the acts of amemied^^
eighteen hundred and fifty-six, is hereby amended, by strik-
ing out therefrom the words " when held for the transaction
of civil business," and by inserting therein the words " and
the municipal court of the city of Boston."

Approved March 8, 1858.
5

34 . 1858.— Chapters 45, 46.

Chap. 45. ^^ ^^"^ RELATING TO POLICE COURTS AND JUSTICES OF THE PEACE.

Be it enacted, §'c., asfolloios:

Jurisdiction of SECTION 1. The several police courts of this Common-
poicecours. -^galth shall have concurrent jurisdiction, in the several
counties where they are established, with tlie court of com-
mon pleas and the municipal court of the city of Boston, of
all offences, which may be subject to the penalties of either
a fine not exceeding one hundred dollars, or imprisonment
in the county jail or house of correction not exceeding one
year, or to both of said penalties.
Jurisdiction of SECTION 2. The several justices of the peace, authorized
p"lcr' ° * to hear and determine criminal cases, shall, within their
several counties, have jurisdiction of all offences which may
be subject to the penalties of either a fine not exceeding
fifty dollars, or imprisonment in the county jail or house of
correction not exceeding six months, or to both of said pen-
alties.
Not to affect SECTION 3. Notliiug coutaiucd in this act shall affect the
right of appeal. pjgjj|; ^f appeal of any party from any conviction or judg-
ment rendered by said police courts or justices of the peace,
in any complaint or proceeding authorized by this act.
Repeal. SECTION 4. All acts or parts of acts inconsistent with

Pending suits, tlic provisious of this act are hereby repealed ; but nothing
contained in tliis act shall affect any complaint or prosecu-
tion pending at the time this act shall take effect, or autho-
rize justices of the peace to exercise jurisdiction of offences
committed within any city or town, wherein a police court is
established. Approved March 10, 1858.

Chap. 46. An Act IN ADDITION TO " AN ACT IN RELATION TO PUBLIC REPORTS

AND DOCUMENTS."

Be it enacted, §t., as follows:
Application of Section 1. The provisious of chapter forty of the acts of
tiiis act deaned. tlic ycar one thousand eight hundred and fifty-seven, and of
this act, shall apply to reports which, previous to the passage
of said chapter forty, were made to the secretary of the
Commonwealth, as well as to the reports therein mentioned,
with the exception of the returns relating to the registration
of births, marriages and deaths, which shall be made at the
times and in the manner otherwise provided by law.
menwsecreta- ^ECTiON 2. The annual Statements of the cxpenscs of the
ry, &c., except- officcs of the sccrctary, treasurer, auditor and adjutant-
general, shall be excepted from the provisions of the first
section of chapter forty of the acts of the year one thousand
eight hundred and fifty-seven, and shall not be included in
the series of public documents,
or 8 repor . gecTiON 3. Thc auuual reports of the auditor of accounts

1858.— Chapter 46. 35

and of the boards of education and agriculture, and any Educational and
others which the two houses of the general court may di- ports"^'"*^ '^"
rect by concurrent order, shall be included in the " public "
series of documents. The expense of printing the report of
the board of education, shall be defrayed as heretofore, from
the moiety of the income of the school fund applicable to
educational purposes.

Section 4. The number of copies printed, of each of the Number printed.
documents of the public series, shall be one thousand six
hundred and fifty : provided, that in the case of any particu- Proviso.
lar document of which a larger number may be required, to
subserve the public interests, the secretary, by special order,
may direct additional copies, not to exceed one thousand in
number, to be printed ; and he shall include in the annual
statement of the expenses of his office, a list of the documents
of which he has thus ordered the printing of more than the
usual number of copies.

Section 5. Not more than three hundred copies of any Number at dispo-
public document shall be placed by the secretary at the cer °&c." m'aking
disposal of the public officer, board, or institution whose ^'^^'°''*"
report it is ; and all acts or parts of acts or resolves,
authorizing a larger number to be thus bestowed, are hereby
repealed.

Section 6. The fourth and fifth sections of this act shall Number of re-
not apply to the reports of the boards of education and of" " educTt^ioa
agriculture. Eight thousand copies of the report of the t^'^bTpr'inted^
board of education, and ten thousand copies of the report of
the board of agriculture shall be printed, of which twelve
hundred copies shall be delivered to the secretary of the
Commonwealth, and the remainder shall be distributed in
such manner as may be directed by the boards of education
and of agriculture respectively. The thirty-third chapter of Repeal,
the resolves of the year one thousand eight hundred and
fifty-six is hereby repealed.

Section 7. Any act or resolve, passed previous to the Act, how con-
enactment of chapter forty of the acts of the year one
thousand eight hundred and fifty-seven, which may have
authorized the furnishing to any person, library, association
or corporation, of the documents printed by order of the
legislature, shall be construed to apply only to the " public"
series of documents described in said chapter forty, and in
this act ; and such previous act or resolve shall not apply to
tlie documents printed during the present or subsequent
years, under the direct order of either or both branches of
the legislature, but such documents shall be distributed only

36 1858.— Chapter 47.

as may be prescribed by the two branches in their rules and
orders.
Abstract^of rail- Section 8. The aunual reports which are received from
be included. the raiboad corporations shall not be inchided in the bound
volumes of public documents ; but only the abstract thereof,
f prepared by the secretary of the Commonwealth, shall be

Reports of rail- includod in said bound volumes. The annual reports of the
roads to be filed, j.^jj^Qr^j^ corporatious shall be filed in separate complete sets,
and a complete set, thus filed, shall be furnished to each
member of the general court, not later than ten days after
tlie beginning of the session.
Penalty. SECTION 9. Auy pubUc functionary who shall wilfully

neglect any of the requirements of chapter forty of the acts
of the year one thousand eight hundred and fifty-seven, or
of this act, shall be liable to a penalty of ten dollars for each
day that such neglect shall continue.
Sets furnished SECTION 10. Tlic pubHc scrics of documents, which in-
i*nde°xV° deTiM-ii"^ cludcs tlic rcports last made, when bound for the use of the
euM &"'^®^''"'^' towns and cities, as is provided in section nine of chapter
forty of the acts of the year one thousand eight hundred and
fifty-seven, shall be provided with a title page bearing the
date of the present year, and with a brief index to the titles
of the several documents ; and the secretary shall likewise
prefix the declaration of independence, the constitution of
the United States, and the constitution of the Common-
wealth of Massachusetts ; and all subsequent volumes shall
be prepared from year to year, hereafter, in similar manner.
Repeal. SECTION 11. All acts and parts of acts inconsistent with

the provisions of this act, are hereby repealed.

Section 12. This act shall take effect from and after its

passage. Approved March 12, 1858.

Chaj). 47. ^ Act in relation to aximony.

Be it enacted, iVc, as follows:

AHmony^jpowers SECTION 1. Thc suprcmc judlcial court shall have the
■■'""■ same powers for the enforcement of decrees of alimony in
divorce, or decrees of allowance in the nature of alimony,
or of alimony or other allowance pending suits for divorce,
as it has for the enforcement of judgments or decrees in
equity ; and this enactment shall apply to decrees hereto-
fore, as well as to those hereafter made.

Section 2. This act shall take effect from and after its
passage. Ajjproved March 12, 1858.

1858.— Chapters 48, 49. 37

An Act concerning investments of savings banks and mutual Chat). 48.

INSURANCE COMPANIES. ^ '

Be it enacted, ^'c, as follows:

Members of committees and officers of savings banks, officers of savings

-, , ■. . j.i/> T j^ ^ ^•^> • biiuks and iiisur-

and mutual marine, mutual lire and mutual liie insurance anee companies
companies, charged with the duty of investing the funds of faiuis^^of compr.
their respective institutions, shall not be allowed to borrow for loan's T/"''''
the same, nor to be sureties for such loans to others, nor in
any manner whatsoever, directly or indirectly, be obligors for
moneys borrowed of, or loaned by, their respective institu-
tions. Approved March 12, 1858.

An Act in relation to returns by agents of foreign insur- QJian. 49

ANCE COMPANIES. "'

Be it enacted, Sfc, as follows:

Section 1. Every agent of a foreign insurance company, Pt^aauy for neg-
neglecting to make the returns required by the two hundred foreign i'n°surance
and fifty-second chapter of the acts of the year one thousand makr^'^^eturn"
eight hundred and fifty-six, shall forfeit to the use of the ^'^•
Commonwealth, to be recovered by the treasurer thereof,
twenty-five dollars for each neglect ; and every agent so
neglecting, shall be immediately notified thereof by the
treasurer of the Commonwealth ; and if said agent shall
continue vjaid neglect for ten days after such notice shall
have been deposited in tha post office, he shall forfeit to the
use of the Commonwealth, to be recovered by the treasurer
thereof, five hundred dollars for every such neglect : pro- rroTiso.
vided, hoivever, that no agent shall be held liable to the
penalty of twenty-five dollars, imposed in this section, if it
shall be made to appear, to the satisfaction of the treasurer
of the Commonwealth, that the returns required by the said
two hundred and fifty-second chapter were duly made and
deposited by said agent, in the post office, properly directed
to the insurance commissioners of the Commonwealth, and
that there was no neglect on the part of said agent.

Section 2. The fifty-second section of said two hundred Repeal.
and fifty-second chapter of the acts of the year one thousand
eight hundred and fifty-six, is hereby repealed : provided, vioy\so.
however, that this repeal shall not prevent nor affect the
recovery of any penalty or forfeiture that has heretofore
been incurred thereunder, unless the person who has incurred
the same shall, within thirty days after the passage of this
act, pay to the treasurer of the Commonwealth, the sum of
twenty-five dollars, the penalty imposed by this act, and
shall also make it appear to the satisfaction of the treasurer
of the Commonwealth, that the neglect, by^which such^pen

38

1858.— Chapters 50, 51.

alty or forfeiture was incurred, was occasioned by inadvert-
ence, and not by the wilful default of such person.

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

passage. Approved March 12, 1858.

Corporators .

Name.

Purpose.

Location.

Privileges, re
strictions, &c.

Chap. 50. An Act to incorporate the pemberton manufacturing com-
pany.

Be it enacted, ^'c, as folloios :

Section 1. George Howe, David Nevins, George D.
Howe, and their associates, successors and assigns, are here-
by made a corporation, by the name of the Pemberton Man-
ufacturing Company ; for the purpose of manufacturing
cotton, woolen, linen and silk cloth and yarn, in the city of
Lawrence, in the county of Essex ; and for this purpose
shall have all the powers and privileges, and be subject to
all the duties, restrictions and liabilities, set forth in the
thirty-eighth and forty-fourth chapters of the Revised Stat-
utes, and the two hundred and seventy-sixth chapter of the
acts of the year one thousand eight hundred and fifty-seven.

Section 2. The said corporation may hold for the pur-
poses aforesaid, real estate to the amount of two hundred
and fifty thousand dollars, and the whole capital stock of
said corporation shall not exceed seven hundred thousand
dollars ; and no shares 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.

Approved' March 15, 1858.

lieal estate,

!f250,000.

^V'hole capital

$700,000.

r

^ Chap. 51

Corporators.

Name.

Location.

Pui'pose.

Privileges, re
strictions, &c.

Ileal and personal
estate $75,000.

Donations, &c.,
to inure to insti-
tution.

An Act to incorporate the rumford institute, in waltham.
Be it enacted, Sfc, as follows:

Section 1. F. M. Stone, Eben. Hobbs, Josiah Rutter,
Horatio Adams, Isaac Parker, their associates and succes-
sors, are hereby made a corporation by the name of Rumford
Institute ; to be established in the town of Waltham, county
of Middlesex, for the purpose of maintaining a library,
advancing useful arts and sciences and promoting public
instruction, by lectures, discussions or otherwise ; with all the
powers and privileges, and subject to all the duties, restric-
tions and liabilities, set forth in the forty-fourth chapter of
the Revised Statutes : and said corporation may hold real
and personal estate to the value of seventy-five thousand
dollars, to be devoted to the before-named purposes.

Section 2. All donations, devises and bequests, of real
or personal estate, which heretofore may have been or here-
after may be made, to the Rumford Institute, or to the
curators or board of managers thereof, shall inure to the

1858.— Chapters 52, 53. 39

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 effect from and after its
passage. Approved March 15, 1858.

An Act regulating the seining op menhaden in the rivers of QJi^p^ 52.

THE COMJIONWEALTH. ^ '

Be it enacted, tVc, as follmvs:

Section 1. The mayor and aldermen of any city, or the ^ity; and town

•'. ■..''''' authorities, upon

selectmen of any towM, situated upon, or adjacent to any petition, may, in

i.,,i .. o n 1 • ' 1 d their discretion,

river in wliicii the seming oi hsh is now, or may hereaiter grant permits to

by law be prohibited, may, upon the petition of twelve or ''''"® menhaden.

more legal voters, and after due notice and hearing thereon,

grant permission to such persons, upon such condition and

with such restrictions as they may see fit, to seine menhaden

therein, if, in their judgment, the same is consistent with

the public good : provided, however, that in all cases where Proviso.

two or more cities or towns are situated upon said waters

and interested in said fishery, no action shall be had except

upon petition to each of them, and by their concurrent vote.

Section 2. If any person, so licensed, shall exceed in Penalty in case,
any manner the terms of said permission, or violate any
of the conditions thereof, he shall be subject to the same
penalties as would attach to seining without such license.

Section 3. Said license may be altered or revoked at any License may be
time, by the concurrent action of the municipal authorities ^'^
granting the same. Approved March 15, 1858.

An Act ceding jurisdiction over certain lands on point of (Jfiap. 53.

ROCKS, IN WESTPORT, TO THE UNITED STATES. -'

Be it enacted, §'c., asfolloivs :

Section 1. Jurisdiction is hereby ceded and granted to Jurisdiction
the United States of America, over such lot of land, not
exceeding three acres, as may be selected for the construction
of a light-house and keeper's dwelling, on Point of Rocks, so
called, at the entrance of Westport Harbor, in this Common-
wealth : pr'ovided, that this Commonwealth shall retain Proviso.
concurrent jurisdiction with the United States in and over
said lot of land, so far, that all civil and criminal processes,
issued under the authority of this Commonwealth, or of any
officer thereof, may be executed on any part of said lot of
land, or in any building 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 take effect whenever, within

40

1858. — Chapters 54, 55, 56.

Chap. 54.

Act of 1856
amended.

Chap. 55.

Act of 1855
amended.

Act not to aflect.
Proviso.

Chap. 56.

Limitation of
claim for dower.

Proviso.

one year after the purchase of said land, a suitable plan
tliercof shall be filed by the United States, in the office of
the secretary of the Commonwealth.

Approved March 15, 1858.

An Act to amend the thirty-first section of the two hundred
and eighty-fourth chapter of the acts op the year eighteen
hundred and fifty-six.

Be it enacted^ Sfc, as follows:

Section 1. So much of the thirty-first section of the two
hundred and eighty-fourth chapter of the acts of the year
eighteen hundred and fifty-six, as provides that the discharge
of an insolvent debtor shall not be granted or valid, unless
the debtor shall satisfy the court that he had reasonable
cause to believe himself solvent within six months next pre-
ceding the filing of the petition by or against him, is hereby
repealed.

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

passage. Approved March 17, 1858.

An Act to amend the four hundred and thirty-first chapter
of the acts of eighteen hundred and fifty-five, relating
to liens of mechanics and others.

Be it enacted, ^c, asfolloivs:

Section 1, The second section of the four hundred and
thirty-first chapter of the acts of the year eighteen hundred
and fifty-five, is hereby amended by adding thereto the words
following, to wit : " and unless a suit for enforcing such lien
shall be commenced within ninety days after the person who
may desire to avail himself thereof, shall cease to labor on or
furnish materials for such building or structure."

Section 2. This act shall not affect any suit now pend-
ing, nor any such lien n'ow existing : provided, that no suit
for enforcing such existing lien shall be commenced after
ninety days from the passage of this act.

Approved March 17, 1858.

An Act relating to dower.
Be it enacted, §'c., asfolloivs:

Section 1. No person who now is or may hereafter
become a widow, shall be entitled to make any claim for
dower, or to commence any action or other proceeding for
the recovery thereof, unless such claim be made, or such
action or proceeding be commenced within twenty years from
the time when the decease of her husband shall have taken
place : provided, however, that nothing in this act contained
shall prevent any widow from claiming her dower, or com-

1858.— Chapters 57, 58. 41

mencing action or other proceeding for the recovery of the
same, within five years from the passage hereof, whatever
length of time may have elapsed since her husband's decease ;
and provided, further, that if, at the time of the husband's
decease, his widow was or sliall be absent from tlie Common-
wealth, or under twenty-one years of age, or insane, or
imprisoned, such widow may make her claim for dower, or
commence action or proceeding for the recovery tliereof, at
any time within twenty years after such disability shall have
ceased.

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

passage. Approved March 18, 1858.

An Act coxcerning the care of infant children of female QJiQ/n 57

CONVICTS. ^

Be it enacted, ^'c, as follows :

Section 1. AVhenever tlie mother of any child under the Female convicta
age of eigliteen months shall be imprisoned in any house of tody of'' their
correction, jail, work-house, or any other place of confine- '='^'''^^''-
ment in tliis Commonwealth, if she be capable and desirous
of taking care of said child, the keeper of said place of im-
prisonment shall, upon the order of the committing court or
magistrate, or of any overseer of the poor, receive said child
and place the same under the care and custody of the said
mother.

Section 2. Whenever the board of overseers, inspectors, provision for
or other like officers of any such institution, are satisfied that
the health and comfort of such child call for its removal, or
that for any cause it is expedient that such child should be
removed, they shall give notice to the father or other rela-
tives thereof, if either can be found ; and if neither can be
found to receive such child, the overseers of the poor of the
town in which such child has a legal settlement shall receive
the same ; or if the said child has no legal settlement in this
Commonwealth, it shall be sent to one of the state alms-
houses, as by law provided in the case of alien paupers.

Approved March 18, 1858.

An Act in addition to an act to incorporate the association Qhfj^f 5Q

FOR THE RELIEF OP AGED INDIGENT FEMALES. ^

Be it enacted, §'c., as follows:

The association for the relief of Aged Indigent Females Additional real
may take and hold real and personal estate, to an amount tate Sow. **'
not exceeding one hundred and fifty thousand dollars, in
addition to the amount which they are now allowed to take

6

moval of chil-
dren.

42

1858.— Chapters 59, 60.

and hold under their act of incorporation, approved April
thirtieth, eighteen hundred and forty-nine.

Approved March 18, 1858.

Chap. 59. An Act in abdition to an act to incorporate the saint Vin-
cent's ORPHAN ASYLUM.

Be it enacted, ^"c, as follows :

Section 1. The Saint Vincent's Orphan Asylum is hereby
authorized to take and hold real and personal estate, for the
purposes of its incorporation, to an amount not exceeding
one hundred and fifty thousand dollars, in addition to the
amount which the said corporation is now authorized to take
and hold.

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

passage. Approved March 18, 1858.

Additional real
and personal es-
tate *150,000.

Chap. 60.

Corporators.

An Act to incorporate the midland railroad company.
Whereas, the Boston and New York Central Railroad
Company is largely indebted, and has not the pecuniary
means to pay its debts or complete its railroad ; and
whereas the claims against the company, and the liens upon
its property are conflicting in their nature, and the decisions
upon numerous complicated legal questions will be neces-
sary in order to determine the specific riglits and remedies
of its creditors, and, in the meantime, the property of the
company will greatly deteriorate, and the benefit to the
public, for which the company was authorized to appro-
priate to its use the private property of individuals, will be
lost ; and whereas the public good requires that said railroad
should not remain in its present dangerous condition, but
should be completed and made available for public service ;
and whereas said company has declared its inability to per-
form its public duties, and has voted to sell its railroad
and property to such company as may be incorporated and
authorized to purchase and take the same, on the terms
hereinafter specified, and which are deemed a reasonable
compensation therefor ; now therefore.

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

Section 1. That Alexander DeWitt, Horatio N. Slater,
Joseph W. Clark, Oliver Dean, Abel G. Farwell, Holmes
Ammidown, Warren Hunt, William Edwards, Horatio Bige-
low, Daniel W. Vaughan, Benjamin T. Reed, Ebenezer
Gay, Jacob H. Loud, Woodbridge Odlin, Jesse Murdock,
Richard Jenness, William E. Morris, Samuel W. Bates,
William Dickinson, Lucian Skinner, Jacob Edwards, Jr.,

1858.-— Chapter 60. 43

Daniel N. Pickering, Isaac Livermore, John B. Alley, and
and Edward Haynes, Jr., and their successors, are hereby Name.
made a corporation by the name of the Midland Railroad
Company ; with all the powers and privileges, and subject Privileges, re-
to all the duties, restrictions and liabilities set forth in the ^^^°^^'
forty-fourth cliapter of the Revised Statutes, and in that
part of the thirty-ninth chapter of said statutes relating to
railroad corporations, and in all statutes which have been or
shall be hereafter passed relating to railroad corporations.

Section 2. The said Midland Railroad Company may May purchase
purchase, or take upon the terms and conditions herein trai Raiiroad.&c
specified, the railroad and all the property of the Boston
and New York Central Railroad Company, and may com-
plete the said railroad, and equip and run the same ; and
for the purpose of completing the said railroad, shall have
all the rights to which the said Boston and New York Cen-
tral Railroad Company is now entitled. It shall also be
authorized to purchase and take an assignment of any and
all debts and claims secured in whole or in part by any
mortgage or lien upon the said property, or any part thereof,
and any contract, lease, or claim for land damage, which it
may deem advisable to carry into effect the provisions of
this act, and to hold the same with all the rights and powers
of the parties assigning them.

Section 3. The persons named in the first section of this to organize with-

/.. in 1 ..,in thirty days.

act, or a major part oi them, shall meet and organize m the
manner provided in the forty-fourth chapter of the Revised
Statutes, within thirty days from the passage of this act ;
and upon filing with the secretary of the Commonwealth, a Record, &c., to
record of the organization of tlie said Midland Railroad sewet^ary. "^''^
Company, and a notice of the acceptance of this act by a
majority of the said corporators, the said railroad and all
the property of the said Boston and New York Central Rail-
road Company, shall vest in said Midland Railroad Com-
pany, subject however to all existing valid liens, mortgages,
or claims for land damages, to be held by them with all the
rights and privileges hereinafter provided ; and the Boston fQ^XaiLd^iiaif-
and New York Central Railroad Company is hereby author- road company.
ized to make and execute a release of all their rights in and
to its said railroad and property ; but its neglect or refusal
so to do, shall in no way affect or impair the validity of the
title of the said Midland Railroad Company to the property
hereby granted.

Section 4. The said Midland Railroad Company shall how'^afd'for*'*''
pay for the railroad and property aforesaid, in the manner
following :

u

1858.— Chapter 60.

First, — It shall issue an amount of its capital stock, equal,
at one hundred dollars per share, to the entire debt of the
Boston and New York Central Railroad Company, that is
not secured by any valid lien, upon their railroad and prop-
erty, with interest computed to the day of filing said certifi-
cate, as herein provided ; and, on demand within one year
from the passage of this act, by any of the holders of such
debt, shall give to them, on account of said Boston and New
York Central Railroad Company, one share of said stock,
for every hundred dollars of debt, so held by them respec-
tively.

Secondly, — It shall also issue, in addition, an amount not
exceeding six thousand shares of said capital stock, and at
the expiration of six months from the filing of said certifi-
cate, shall deliver one share of said stock for every four
shares of the stock of said Boston and New York Central
Railroad Company, to the holders thereof on that day.
May issue pre- SECTION 5. The Said Midland Railroad Company, for tho

ferred stock equal . . . it> i

to debt of com- purpose 01 purchasiug any claims against tlie Boston and
p^'^y- New York Central Railroad Company, secured, either in

whole or in part, upon the property so taken, as aforesaid, by
said Midland Railroad Company, is hereby authorized to
issue an amount of capital stock, to be denominated pre-
ferred stock, equal, estimated at one hundred dollars per
share, to the debt of said Boston and New York Central
Railroad Company, with the interest computed to the day
of the filing of said certificate, under the following claims,
to wit :

First, — The amount due to the holders of the mortgage
bonds of the said Boston and New York Central Railroad
Company which have been sold by said company.

Secondly, — The amount due to persons where the said
amounts are secured by a pledge of any property, or where
collateral security was given by said company.

Thirdly, — The amount due under the contract of said
company with Daniel N. Pickering, made February twenty-
second, eighteen hundred and fifty-five, to secure the labor
claims.

Fourthly, — The amount due to the guarantors of the con-
tract of H. N. Slater with the Bay State Iron Company for
the purchase of iron.

Fifthly, — The amount due under the lease of the East
Thompson Railroad Company.

Sixthly, — The amount due, if any shall exist, where the
holders thereof have a valid lien, of any other kind, upon
any portion of the railroad or property taken as above pro-

claims for pay-
ment of T\-hich
preferred stock
may be issued.

1858.— Chapter 60. 45

vided. And, upon the assignment, by any holder of such
debt, of his claim to said Midland Railroad Company, may
deliver to such holder, one share of said preferred stock
for every hundred dollars of debt so assigned by him.

Section 6. The holders of said preferred stock shall be Holders of pre-
entitled to the first dividends of the net earnings of the hive first'' divi-
railroad of said Midland Railroad Company, to an amount '^'''"^'''
not exceeding six per cent, per annum, per share, payable
semi-annually ; and after said dividends shall have been
made to the holders of said preferred stock, the holders of
said stock not preferred shall be entitled to the second divi-
dend of the net earnings of said company, to an amount
not exceeding six per cent, per annum, per share, payable
semi-annually ; and, after dividends shall have been made ^['v'iaed'' '^°''
as aforesaid, if upon any year, there shall remain any sur-
plus, of net earnings, the same shall be divided between the
holders of each class of said stock, share and share alike :
provided, however, that no dividend sliall be made on said pio^'so.
unpreferred stock, until the amount paid on said preferred
stock shall be equal to an annual dividend of six per cent,
thereon, from the date of its issue.

Section 7. In case the said Midland Railroad Company i" case of msa-
shall noi be able to agree with any of the creditors or share- urhitratora to de-
holders of the Boston and New York Central Railroad Com- "'^'''
pany, as to the number of shares in the capital stock of the
said Midland Railroad Company, to which they are entitled
under the provisions of this act, then the same shall be
determined by three arbitrators, one to be appointed by
each of the said parties, and the third by the two so
appointed.

Section 8. All persons holding any stock of the Boston Persons author-
and New York Central Railroad Company, or any bond, stock, &c/°''^''
debt, or claim against the same, in any fiduciary or repre-
sentative capacity, or as trustee, guardian, executor, or
administrator, or by way of pledge or mortgage, are hereby
fully authorized to accept the stock to which they are re-
spectively entitled by this act, and to sell any bond, debt, or
claim, which the said company is authorized to purchase, as •
though they held the same absolutely in their own right,
and sliall hold the new stock or bond which they shall
receive, upon the same trusts, and in the same manner, as
that which they held originally.

Section 9. The said Midland Railroad Company are company may is-

1 1 ii • 1 J. • 'ii- in ^ p , T sue ffil.OOO.OOO of

hereby authorized to issue one million dollars oi bonds, bonds. &c.
payable iii twenty-five years from their date, with six per
cent, interest, payable semi-annually, and to mortgage the

46

1858.— Chapter 60.

Mortgage of
railroad, &c.

Sinking fund.

Fund payable to

commissioners,

&c.

Tn case of breach

f condition of
.aortgage, su-
preme judicial
court to give pos-
session of road to
holders of bonds,
upon application
of trus'^tes.

Duty of bond-
holders.

Bonds, how ap-
propriated.

railroad, and all or any of the property obtained by them
under this act, or in any other way ; and said mortgage may
include all the property to be hereafter bought by said com-
pany, in whicli case, all the property thereafter bought by
said company, shall be covered by said mortgage, notwith-
standing said property shall not be owned by said company
at the time of malting said mortgage : provided^ liowever,
that the said company may, from time to time, with the con-
sent of the trustees of said mortgage, dispose of such por-
tions of its property as may become unfit for its use, and
purchase such additional property as shall be more con-
venient therefor. Said mortgage deed shall provide for a
sinking fund, of five thousand dollars for the first year, ten
thousand for the second year, fifteen thousand for tbe third
year, and twenty thousand for every additional year, until
the wliole of said mortgage bonds shall be paid ; said fund
shall be paid over to commissioners to be appointed in said
mortgage deed, and they shall invest the same in the pur-
chase of the said Midland Railroad Company mortgage
bonds, giving preference to such holder as will sell his bonds
for the lowest price. But in case such bonds cannot be
bought for at least their par value, then the said commis-
sioners sliall invest said sinking fund in such other valid
securities as they shall deem best. The said mortgage deed
shall also provide that in case a breach shall occur, on the
part of the company, of any condition of the mortgage, and
shall remain uncured for the space of thirty days after notice
to said company of said breach, by the trustees of said
mortgage, the supreme judicial court shall have power, upon
application of the trustees under said mortgage, by sum-
mary process, to give possession, to the said holders of said
bonds, of all the property secured by said mortgage. And
whenever said bondholders shall obtain possession of said
property as aforesaid, they may immediately organize them-
selves into a company, under the provisions of the forty-
fourth chapter of the Revised Statutes, and shall be subject
to the general statutes relating to railroad corporations, and
shall hold and enjoy the said railroad and property, until
the said mortgage bonds and the accruing interest shall
have been wholly paid, out of the net earnings of said prop-
erty, or in some other way ; and the record of said mortgage
deed, in the registry of deeds for the several counties tbrough
which the said railroad passes, shall be deemed sufficient
notice thereof.

Section 10. Said bonds shall be appropriated exclusively
to completing and equipping the said Midland Railroad, from

1858.— Chapter 60. 47

Boston to Mechanicsville and Soiithbridge, and to the pur-
chase of the Norfolk County Raih'oad bonds, and the claims
for damage caused by the taking of land and other property
by said Boston and New York Central Railroad Company.
And whenever said company shall purchase any of said
Norfolk County Railroad bonds, or any of the claims for
land damages, it shall have all the rights and remedies of
the persons of whom it purchases the same, as hereinafter
provided.

Section 11. In case the said Midland Railroad Company preferred stock
shall not issue said mortgage bonds, it shall then be author- jfe'lf of morteaie
ized to issue ten thousand shares of capital stock, to be ^°'^'^»-
denominated seven per cent, preferred stock : provided, that Proviso,
the same shall not be issued for a less sum, to be actually
paid in, in cash, than the par value of one hundred dollars
per share. And said stock shall forever be entitled to an stock entitled to

ii-'ii/? Ill 1 II • dividend of $7

annual dividend ot seven dollars per share, payable semi- per share.
annually, before any dividend shall be made upon the stock
issued under the provisions of the third and fourth sections
of this act : provided, hoivever, that the said company may Proviso,
purchase any of the mortgage bonds of the Norfolk County
Railroad Company, and the said claims for land damages,
by giving to the holders thereof, one share of said stock for
every hundred dollars of said bonds or claim for land dam-
age so held by them, and assigned to said Midland Railroad
Company ; and in that case the said company shall have the
same rights and remedies, in regard to said bonds and land
claims, as the persons of whom it purchased the same.

Section 12. For the purpose of obtaining the money for company may is-
the said bonds, or said seven per cent, preferred stock, the Ihlres ''of'^'pre-
said Midland Railroad Company is hereby authorized, if it fened stock, &c.
shall deem it expedient, and to such extent as it shall find
it necessary, to issue an additional number of shares of the
class of preferred stock set forth in the fifth section of this
act, sufficient to accomplish the purposes of this section,
and may give the same to such holders of the stock issued
under the provisions of the fourth section of this act, as
shall, for every share of said preferred stock that they may
receive, surrender to said company one share of said unpre-
ferred stock in lieu thereof; and shall also purchase of said Bonds to be pur-
Midland Railroad Company, and pay for in cash, at the par *''^*^^'^' ^'=-
value thereof, one hundred dollars of the said mortgage
bonds of said Midland Railroad Company, or, as the case
may be, of the said seven per cent, preferred stock.

Section 13. The said company is hereby authorized to May contract
contract with the trustees under said mortgage of said Nor- Norfolk county

48 1858.— Chapter 60.

R. K. Co. to lease folk Countj Railroad Company, upon, such terms as shall be

road^'&r^' ^"^ mutually agreed upon, to lease or to run over with their

cars and engines, said Norfolk County Railroad, until the

holders of said Norfolk County Railroad mortgage bonds,

shall have exchanged the same for the mortgage bonds of

the Midland Raih^oad Company, or until said company shall

have in some other way purchased said bonds.

Persons having SECTION 14. Any pcrsous liaviug such claim for land

dam™pes°'^ may dauiagcs agaiust the Boston and New York Central Railroad

wu^the MwiMfii Company, as entitles them to any injunction or process in

Railroad conipa- law and CQuity, are authorized to agree in writing with said

ny not to avail -...,, iT-ir-ii/-~< i i !••

themFeivesofany Midland Kailroad Company, upon such terms and conditions,

remedies m law, ^^^^ ^^^, ^^^^j^ timcs, as shall bc expressed in their respective
agreements, not to avail themselves of any of their said
remedies. And such agreement shall not be deemed a
waiver of any of their rights to enforce their said remedies
at the expiration of the time agreed upon, or upon the
breach by said Midland Railroad Company of any of the
terms and conditions of said agreement ; but the same may
then be enforced as fully as if no such agreement had ever
been made.

&c* *on rauroad' SECTION 15. Notliiug herein contained shall in any man-
ner affect any valid lien or mortgage upon the railroad or
the property taken by said Midland Railroad Company, or
any part thereof, or in any manner prejudice or impair the
right of any creditor of the Boston and New York Central
Railroad Company, having such lien or mortgage, or a claim
for land damages, to enforce the same ; nor shall any such
creditor, who shall not sell and assign his debt or claim as
herein provided, be in any way benefited, nor shall his rights
or position be in any way changed or improved, by the
assignment to said company of the debt or claim of any
other person, or by the assignment of any lease or contract.

Debts, &c., pur- j^y^^ j^q debt, Icasc, contract, or claim of any kind, which

chased by com- iii>i tt

pany. not to be may bc purcliascd by said company as herein provided, shall
paid, and compa- be coiisidercd as paid, cancelled, or discharged, but the
rights "^arp^rty company shall hold the same in all respects as, and with all
assigning them, thc rights aiid powcrs of, the party assigning the same.
Sor'Tr en^ ^"^ ^^ ^"7 crcdltors of Said Boston and New York Central
forcing lieu. Railroad Company shall commence proceedings for enforcing
com^an^towe ^^^^' ^^^^^ ^^' mortgage, the said Midland Railroad Company
same right./"as sliall havc tlic right, ill rcspcct to all debts or claims which
ing ' "the ^sarnei ^^^J havc becu assigucd to it, to share in the benefits of such
*''• lien or mortgage, in the same manner as the creditor assign-

ing the same would have had, and also the right to com-
mence or join in any suits or proceedings which may be

1858.— Chapter 60. 49

necessary for securing or enforcing such rights, or for
obtaining and sharing the benefits of such lien or mortgage.
And said company shall also have the right, at any time, in company may
its own name, and for its own benefit and protection, to &c.' " ^ *"'*'■''
institute such suits and proceedings as may be necessary for
enforcing and obtaining the benefit of any debt, claim, lease,
contract, claim for land damages, or any lien, mortgage, or
other right, which it may have purchased or had assigned to
it, as herein provided. And said Midland Railroad Company company to have
shall have all the rights, in respect to any mortgage bonds re^tct"to'LorT-
which may be assigned to it, as herein provided, which any f^^^^ed^ to*^ It, ''as
other bond holders may have, to participate in the choice of other boudhoia-
trustees, or in any other proceedings or measures which
may be adopted for the common benefit of such bond hold-
ers ; and whenever any payment or dividend shall be made company holding

, 1 1111 ,1 1'/ 1 • IT bonds to have pro

to any bond holders or other creditors having such iiens or rata dividends
mortgage, from the income or sale of the property mort- toidere.^*"^ ^°^"^
gaged, or on which such lien exists, the company shall be
entitled to a pro rata dividend or payment upon all claims,
debts or bonds of a like class, which may have been assigned
to it.

Section 16. In case the said Midland Railroad Company Midland Railroad

-ii-- i-/ Company may as-

sliali make a mortgage, as above provided, to raise money sigu its mortgage
for the completion of the railroad, and for the purchase of ^°„efiT*oT^bond
the Norfolk County Railroad bonds, and the claims for land iioi'iers.
damages, it shall have the right to assign and transfer to the
trustees under said mortgage, for the benefit of the bond
holders, any and all debts, bonds, contracts, leases, and
claims for land damages, which may then have been or shall
thereafter be purchased and assigned to said company, as
herein provided, with all the rights, liens and securities for
the same ; and the said trustees shall have all the rights, in
respect to the same, which are herein given and secured, to
the said company, and may, in the same manner, exercise
and enforce the same. But said Midland Railroad Company
shall have no right to assign or transfer said debts, bonds,
claims, liens, rights and securities, or any part thereof, to
any other person except said trustees.

Section 17. The said corporators mentioned in the first Meeting to be

„,,. , , ^,, ini • 1 c called when 4,000

section of this act, whenever they shall have issued lour shares of capital
thousand shares of the capital stock of said Midland Railroad t^^^^"-^^ ''''''
Company, under the provisions of this act, shall call a
meeting of the said stockholders, to be holden in Boston, by Notice to be pub-
publishing in some paper printed in Boston, a notice thereof,
seven days before said meeting shall be held, at which meet-
ing all the then stockholders may vote in adopting the by-
7

50 1858.— Chapter 61.

laws of the company, the election of a new board of direc-
tors, and the transaction of such other business as shall
properly come before them.
Act not accepted, SECTION 18. lu casc a majority of the said persons named
New York Central lu the first scctiou of tliis act, shall not accept this act, and
Tny^ creditor of fil© witli thc sccrctary of the Commonwealth the certificate
same iiiay apply thcrcof, withiu sixtv davs froui the passao;e of this act, then

to judge of in- , ^ . «/ i ~ ^ •'

solvency to com- tlic said Bostou and New York Central Railroad Company,

mence proceed- t, n ,^ i x xi • i j? • i

ings, &c. or any creditor oi the same, may apply to the judge oi insol-

vency for the county of Suffolk, to the end that the property
of the said company may be distributed among its creditors ;
in which case the provisions of the three hundred and
twenty-seventh chapter of the acts of the year eighteen
hundred and fifty-one, (excepting the twenty-sixth section
thereof,) entitled, " An Act to secure the equal distribution
of the Property of Insolvent Corporations amongst their
Creditors," shall be deemed applicable to said company, and
the said judge shall issue such warrants and make such
orders and decrees as shall be necessary to carry out the
provisions of said act, in relation to the property, creditors

Proviso. and affairs of said company : provided, hoivever, that no

such said proceedings in insolvency shall in any way affect
the rights or remedies of any persons holding any mortgage
bonds, claim for land damage, or other liens upon the prop-
erty of said company.

Supreme judicial SECTION 19. The suprcmc judicial court shall have full

court to have full • • j- -.• i o •! ii j.i • • o ±^ •

jurisdiction, &c. jurisdictioii to eiiiorce summarily all the provisions oi this
act, and to make all such orders and decrees, and issue all
such writs and processes, as may be necessary to give it
effect, and to put the company hereby incorporated, in pos-
session of the al)0ve mentioned railroad and property, and
to protect the company in its use and enjoyment.

Section 20. This act shall take effect from and after its

— , passage. Approved March 19, 1858.

Chap. 61. -^ ^^'^ "^O AMEND "AN ACT IN RELATION TO THE OFFICE OF THE
SECRETARY OF THE BOARD OF EDUCATION."

Be it enacted, Sfc, as follows. •
Act of 1849 So much of the first section of the act entitled, " An Act

in relation to the Office of the Secretary of the Board of
Education," passed May second, eighteen hundred and forty-
nine, as authorizes the expenditure of a sum not exceeding
fifty dollars a year, in the purchase of rare and valuable
works on education, is hereby repealed.

Approved March 17, 1858.

1858.— Chapters 62, 63, 64. 51

An Act in addition to an act entitled "an act to exempt Chap. 62.

FROM LEVY ON EXECUTION THE HOMESTEAD OF A HOUSEHOLDER." ^ * ^'

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

The fifteenth section of chapter two hundred and ninety- Act of isst
eight of the Acts of eighteen hundred and fifty-seven, is *"''"''^'''*-
hereby amended by striking out all after the word " estate "
where said word first occurs in said section, and substituting
the following, to wit: "And if, in their judgment, the Excess of proper-
premises be of greater value than eight hundred dollars, the may*^ V^ ie*vied
said appraisers shall set off to the judgment debtor, so much "p°°-
of the said premises, including the dwelling-house, or such
part thereof as shall not exceed the value of eight hundred
dollars, as shall appear to them to be of the value of eight
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."

Approved March 19, 1858.

An Act to regulate the taking of terrapin in the waters of Chap. 63.

THIS commonwealth.

Be it enacted, §"c., as follows:

Section 1. The inhabitants of any town of this Common- Towns may es-
wealtli are hereby authorized and empowered, at any legal regu'Ling^ ^he
meeting called and held for that purpose, to make and estab- taking of terrapin
lisli by-laws, regulating the taking of terrapin in any of the
waters within the limits of said town ; said by-laws to be
approved by the court of common pleas for the county.

Section 2. The said town may sell or let for such term May sen or let
as may be deemed proper, not exceeding three years, the
privilege to take terrapin in any of said waters, or any part
thereof, to any person or persons, and upon such terms as
may be by said town in said by-laws fixed and established.

Section 3. Any person violating the provisions of any Penalty for^vio-
by-laws, established under the authority of this act, shall
forfeit and pay a fine of not less than five dollars, and not
more than one hundred dollars, for each and every offence,
to be recovered by prosecution before any court of competent
jurisdiction, one-half of the same to go to the person com-
plaining, and one-half to the county in which the offence was
committed. Approved March 19, 1858.

An Act concerning the commitment of lunatics to hospitals. Chap. 64.
Be it enacted, Sfc, as follows :

Section 1. "Whenever application is made to any court fifed^^fhappuc'L^-
for the commitment of a lunatic to any lunatic hospital, the tson for commit-
person making such application shall file with it a statement

52

1858.— Chapter 65.

containing the following particulars, as nearly as they can
be ascertained : — The civil condition and birthplace of such
lunatic ; the duration and supposed cause of disease ; the
previous existence of insanity, or otherwise, in the person or
family ; the habits of the lunatic in regard to temperance ;
the disposition, whether suicidal or not ; together with any
facts showing a settlement or want of settlement ; the name
and address of some one of the nearest relatives ; and if the
lunatic be a woman, it shall be stated whether she has any
children, and if so, what time has elapsed since the birth of
the youngest. And when the applicant is unable to state
any of the above particulars, he shall state his inability to
do so.

Section 2. The statement above provided for, or a copy
thereof, shall be transmitted to the superintendent of the
hospital, with the order for commitment.

Approved March 19, 1858.

Chap. 65.

Corporators.
Name.

Purpose.

Privileges, re-
strictions, &c.

Penalty for fish-
ing without per-
mission.

Act subject to
acceptance of
town of Yar-
mouth.

An Act to incorporate the baker's pond and drain fishing

COMPANY.

Be it enacted^ kc, as folloios :

Section 1. Wilson V. Baker, Loren Baker, Orlando
Baker and Laban Baker, their associates, successors and
assigns, are hereby made a corporation, by the name of the
Baker's Pond and Drain Fishing Company, in the town of
Yarmouth ; and are empowered to make a suitable outlet
from Baker's Pond, in said town, through their own land, to
Bass Biver, for the purpose of creating an alewive fishery,
and are authorized to regulate the same ; with all the pow-
ers and privileges, and subject to all the liabilities, duties
and restrictions, contained in the forty-fourth chapter of the
Revised Statutes.

Section 2. If any person, without the permission of said
corporation, shall take, catch, or haul on shore, any alewives
from said Baker's Pond or Drain, or within one hundred
yards in any direction from the mouth of said drain, he
shall, upon complaint, forfeit a sum not exceeding two dol-
lars, if the quantity so taken is less than one barrel ; and if
the quantity be more than one barrel, a sum not exceeding
five dollars for each barrel of fish so taken, to be recovered
in any court proper to try the same.

Section 3. This act shall not take effect unless accepted
by the town of Yarmouth, at a legal meeting called and
held for that purpose, within one year after the passage of
this act. Approved March 22, 1858.

1858.— Chapters 66, 67, 68. 53

An Act to extend the time to pay in the increase of the Chan. 66.

CAPITAL of the OLD COLONY BANK, IN PLYMOUTH. ^ *

Be it enacted, ^'c, as follows :

The time allowed to the Old Colony Bank, in Plymouth, Time for paying
by the one hundred and eightieth chapter of the acts passed Itaiextended?*^^"
ill the year one thousand eight hundred and fifty-seven, for
paying in the increase of their capital stock, is hereby
extended to the first day of May, in the year one thousand
eight hundred and fifty-nine. Approved March 23, 1858.

An Act to prevent the use op blanks for counterfeiting bank Qji^'n ()7

BILLS, certificates AND NOTES. -* *

Be it enacted, tVc, as follows :

Section 1. Every person who shall commit the crime of Larceny of paper
larceny, by stealing any printed piece of paper or blank, °nco^p''o"ate/'°°'
designed for the purpose of being issued by any incorpo- IXnt'tfdefrTud'
rated bank or banking company in the United States, as a iiow punished.
bank bill, certificate or promissory note, or printed by means
of any engraved plate designed for printing such pieces of
paper or blanks, with the intent either to utter or pass the
same, or to cause or allow the same to be uttered or passed
as true, either with or without alteration or addition, and
thereby to injure or defraud any person, shall be punished
by imprisonment in the state prison for life, or for any term
of years.

Section 2. Every person who, having been employed to Printers retain-
print, or having assisted in printing any such printed piece bif n^, &c!f with
of paper or blank as is mentioned in the preceding section, u^'ow^punished"'^'
or having been intrusted with the care or custody of any
such printed piece of paper or blank, shall, without the
knowledge and consent of the corporation for which the
same was printed, retain in his own possession any such
printed piece of paper or blank, with the intent either to
utter or pass the same, or to cause or allow the same to be
uttered or passed as true, either with or without alteration
or addition, and thereby to injure or defraud any person or
persons, shall be punished by imprisonment in the state
prison for life, or for any term of years.

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

passage. Approved March 23, 1858.

An Act concerning the measurement of fruit and vegetables. Qh/yn fift
Be it enacted, ^'c, as follows:

Section 1. The dry measure shall be the sole authorized Dry measure sole
public standard for measuring all fruits, vegetables and ^ut'io'^ized stand-
nuts, whenever the same shall be sold by measure ; and

54 1858.— Chapter 69.

every person who shall sell any such articles, by any other
than by dry measure, shall forfeit and pay a sum not exceed-
ing ten dollars for every such offence, to the use of the city
or town in which prosecution is commenced.
Repeal. SECTION 2. All acts and parts of acts, inconsistent with

this act, are repealed.

Section 3. This act shall take effect on and after the

first day of July next. Approved March 23, 1858.

Chap. 69. -^^ ■^^'^ '^^ INCREASE THE AMOUNT OF SPECIE IN THE COMMON-

^ * ' WEALTH.

Be it enacted, §'c., as folloivs :

Each bank to SECTION 1. Evcry bank within this Commonwealth shall
t^o'^fifteeTpe/cem! bc rcquircd to keep an amount of specie equal to fifteen per
de"osit^'^'°°'^"'' centum of its aggregate liability for circulation and deposits ;
and whenever, by the weekly or monthly returns required
by the three hundred and seventh chapter of the acts of the
year eighteen hundred and fifty-four, the weekly average
amount of specie in any bank in Boston is less than fifteen
per centum of the aggregate liability of said bank for circu-
lation and deposits, or, in any bank out of Boston, or any
bank in South Boston redeeming its bills at any other bank,
the monthly average amount of specie is less than fifteen per
centum of the aggregate liability of said bank for circula-
tion and deposits, it shall be unlawful for any such bank to
make new loans or discounts, until the amount of specie in
said bank shall be restored to the proportion of fifteen per
centum of its aggregate liability for circulation and deposits :
Proviso. provided^ that banks out of Boston, in the monthly returns

required by the three hundred and seventh chapter of the
acts of the year eighteen hundred and fifty-four, shall return
the monthly average amount of balances in other banks, not
bearing interest, which may be applied to the redemption of
their bills, and the same shall be considered and deemed as
equivalent to specie for the purposes of this act.
Bills not to ex- SECTION 2. The amouut of bills issued by any bank, shall
capitaistock ^^^^^ ^^ ^^^^ ^^^^ time, exceed the amount of the capital stock
Kepeai. of Said bank. So much of the eighth section of the thirty-

sixth chapter of the Revised Statutes, as relates to the
amount of bills which any bank may issue, and all other
acts or parts of acts, inconsistent with this section, are
hereby repealed.

Section 3. This act shall take effect from and after the
first day of June next. Approved March 23, 1858.

1858.— Chapters 70, 71, 72. 55

An Act concerning notes payable on demand. Chap. 70.

Be it enacted, ^'c, asfollotvs :

Section 1. The first section of the one hundred and ^^^ °I}^^^
twenty-first chapter of the acts of the year eighteen hun-
dred and thirty-nine, is hereby amended by adding thereto
the following words, to wit : " provided that no matter that
has arisen, after notice of the endorsement or transfer of
such note has been given to the promisor, shall constitute a
defence thereto."

Section 2. The one hundred and ninety-second chapter Repeal.
of the acts of the year eighteen hundred and fifty-seven, is
hereby repealed. Approved March 23, 1858.

An Act to amend the act providing for trial by jury before QJiap, 71.

JUSTICES OF THE PEACE, IN CERTAIN CASES.

Be it enacted, S^c, as follows:

Section 1. No party shall be entitled to demand a jury, "^J^f ^usti"7not
under the provisions of chapter three hundered and fourteen allowed, unless
of the acts of the year eighteen hundred and fifty-two, imless to^lpp'earbe fifed
all the parties to said suit shall file a written waiver of all ^^ p^'^'^ties-
right of appeal from the judgment of the said justice on the
verdict of said jury ; and in such case there shall be no
right of appeal therefrom.

Section 2. All acts and parts of acts, so far as the same RepeaL
are inconsistent with this act, are hereby repealed.

Approved March 23, 1858.

An Act relating to executors' bonds. CIlCip. 72.

Be it enacted, Sfc, as follows :

Any executor shall be exempted from giving a surety or Executor exempt-
sureties on his official bond, when the testator shall have sureties, when
ordered or requested such exemption, or that no bond should orde^re°d, &c^ *"
be taken ; and any executor may also be so exempted, when
all the persons interested in the estate, who are of full age
and legal capacity, other than creditors, shall certify to the
judge of probate their consent thereto : provided, hoivever^ Proviso,
that no executor shall be so exempted, until all creditors of
the estate, and the guardian of any minor interested therein,
shall have been notified, and had opportunity to show cause
against the same; and provided, also, that the judge of Provided, aiso.
probate may, at or after the granting of letters testamentary,
require bond with sufiicient surety or sureties, if he shall be
of opinion that the same is required by a change in the
situation or circumstances of the executor, or for other suf-
ficient cause. Approved March 24, 1858.

56 1858.— Chapters 73, 74.

Chap. 73. -^^ -^^'^ RELATIXG TO THE SALE OF PROPERTY OF INSOLVENT
■^' ' DEBTORS.

Be it enacted^ §'c., as follows :

Sale of perishable SECTION 1. Wlieiiever it sliall appear to the satisfaction

s4°ne"/pendhfg of tlic judgo of a court of insolvency, that the title to any

authorized! *'"''' portion of an estate, which has come into possession of the

assignee by delivery from the messenger or the insolvent

debtor, in any case pending before such judge, is in dispute,

and that the property is of a perishable nature or liable to

deteriorate in value, he may, on the petition of the assignee,

and after such notice to the claimant, his agent or attorney,

as said judge shall deem reasonable, order the same to be

sold, under the direction of the assignee, who shall hold the

funds received in place of the estate so disposed of; and the

proceeds of such sale shall be considered the measure of the

value of the property in any suit or controversy between the

parties.

Property recov- SECTION 2. Nothing iu tliis act Contained shall prevent

&c. ^ ^ ^°^' the recovery of the property herein mentioned, from the

proTiso. possession of the assignee by action or replevin : provided,

the same shall be commenced at any time before the judge

shall have ordered a sale as herein provided.

Section 3. This act shall take effect from and after its
passage. Approved March 24, 1858.

Chap. 74. An Act to continue the charter of the new England mutual

MARINE INSURANCE COMPANY.

Be it enacted, §'c., as follows:
Act extended. Section 1. The Ncw England Mutual Marine Insurance

Duration. Company is hereby continued a corporation, for the period

of twenty years from and after the expiration of the period
originally limited in its act of incorporation, for the purposes
May insure mentioned in said act of incorporation, and also with author-
bffire""^*^^ ity to insure against losses by fire ; with all the powers and
st'r'ritiifns' &c''' pi'i'^ileges, and subject to all the duties, liabilities and re-
strictions, 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.
Reserved profits, SECTION 2. The rcscrvcd profits, which shall be held by

how divided, &o. , , i , • r- , i • ,• r •

said company at the time oi the expiration oi its present
charter, shall be divided among the respective persons and
corporations thereto respectively entitled, at the time of such
expiration.
Profits may re- SECTION 3. It sliall bc lawful for the said company, by

mam with com- , • ,^ /» i fj 7 j

pany, &c. agreement with any oi such persons or corporations, to

allow and permit the whole, or any part of such profits,
accruing to them respectively, to remain with said company,

1858.— Chapter 75. 57

during the period for which the corporation is hereby con-
tinued, and to permit such persons or corporations to receive
such portion of the future profits of the business of said
company, as shall be deemed just and equitable.

Section 4. Any of the reserved profits aforesaid, which Profits continued
shall be continued with said company as aforesaid, shall, to ^I'aii be*de"S^a
the extent thereof, be deemed and taken to be a permanent permanent fund,
fund, in lieu and stead of the subscription notes provided to
be given, in and by the eighteenth and succeeding sections
of the two hundred and fifty-second chapter of the statutes
of the year eighteen hundred and fifty-six.

Section 5, No part of the future profits arising from the profits not to be
business of the said insurance company, and no part of the ^eptf&I" ""^
said reserved profits, which shall be permitted to remain
with the said company as aforesaid, shall be withdrawn from
the said company, except for the payment of losses and
expenses, except that the said company may, from time to
time, pay to the parties respectively entitled thereto, such
sums as shall be received or realized from the investment of
such profits ; and said company may, from time to time, pay
off such reserved profits so left with them as aforesaid, and
such portion of their future profits as the persons or corpo-
rations, entitled to such reserved profits, shall be allowed to
receive, pursuant to the provisions of the third section of
this act : provided, such payment shall leave net earned Proviso.
profits with said company, as a permanent fund, to tlie
amount of not less than two luindred thousand dollars.

Aj^proved March 21, 1858.

Ax Act to authorize ignatius saugent, guardian, to sell ceu- Qli/jt) 75

TAIN LAND OF HIS AVARD. ^ '

Be it enacted, ^'c, as folloivs :

Ignatius Sargent, of Brooliline, in the county of Norfolk, Guardian author-
guardian of Ignatius Sargent, Junior, of said Brookline, a estate.'' "^^
minor, is hereby au.thorized to sell, at private sale, and con-
vey to Alpheus Hardy, Horatio Harris and Hugh Montgom-
ery, trustees under the will of Joshua Sears, a parcel of
land, part of the estate of his said ward, situate in Boston,
and bounded southerly on Franklin Place, ten inches ; west- Boundary.
erly on land of the said trustees, ninety-three feet eight
inches ; northerly on land of the said trustees, ten inches,
and easterly on the land of his said ward, by a line througli
the centre of a wall, ninety-three feet eight inches ; togetlier
with all the interest, if any, of liis said ward in that part of
the wall standing on the said described land ; and to execute
and deliver to the said Hardy, Harris and Montgomery, a
8

58 ^ 1858.— Chapters 76, 77, 78.

good and sufficient deed of the same, he, the said Ignatius

Bond to judge of Sargent, guardian, as aforesaid, first giving bond to the

pro a e. judge of probato for the county of Norfolk, with surety

satisfactory to the said judge, to account for the proceeds of

the said sale according to law. Approved March 24, 1858.

Chap. 76. ^^ -^^'^ CONCERNING PROXIES.

Be it enacted, kc, asfolloios:

Number of votes SECTION 1. No individual, at any meeting of the stock-
corporations, nm- holders of any railroad corporation, shall be allowed, by
less, &e'**^''^ ' """ virtue of any power of attorney, proxy or proxies, held by
liim, and made by any shareholder, to cast more than fifty
votes, unless all the shares represented by such individual,
are owned by one person or corporation ; and no director,
treasurer or other officer of any railroad corporation, shall
be allowed, by virtue of any power of attorney, proxy or
proxies, held by him, to cast more than twenty votes.

Section 2. The third section of the sixty-eighth chapter
of the acts of the year eighteen hundred and forty- three, is
hereby repealed. Approved March 24, 1858.

Chan. 77. -^^ ^^'^ concerning the discipline of jails and houses of cor-
^ ' ' rection.

Be it enacted, §'c., as follows :

Act of 1857 ex- The kcepcrs of the several jails, and the masters of the
ofand'convkt'sYn scvcral liouscs of corrcctiou in this Commonwealth, shall
if correction"^^^ pcrform all the duties required in the first section of the
two hundred and eighty-fourth chapter of the acts of the
year eighteen hundred and fifty-seven, to be performed by
the warden of the state prison. And the convicts in such
jails and houses of correction shall be entitled to all the
benefits therein secured to convicts in the state prison, by
said act, provided that their terms of imprisonment are not
less than four months. Approved March 24, 1858.

Chan 78 ^^ ^^^ '^'^ establish the compensation of the lieutenant-

^ ' ■ GOVERNOR AND THE MEMBERS OF THE EXECUTIVE COUNCIL.

Be it enacted, Sj-c, as folloivs :

Compensation of SECTION 1. Tlic compeusatiou of the members of the
executive council shall be three hundred dollars each, for
the regular annual session of their board, held during the
session of the legislature, in the year for which they shall
have been elected ; and three dollars for each and every
day's attendance at every subsequent session of said board,
during their term of office.

Section 2. The members of said board shall receive two

members.

1858.— Chapter 79. 59

dollars for every ten miles' travel to and from their respec-
tive places of abode, once in each session thereof.

Section 3. The lieutenant-governor shall receive mileage compensation
as provided in the last section, andMouble the compensation ueuteMnf-gov-
provided in the first section of this^act, for each of the mem- ''™°'^'
bers of the executive council.

Section 4. The compensation and mileage pro"\dded in Timeofpaiment.
this act for the lieutenant-governor and members of the
executive council, shall be paid at the close of each session
of their board.

Section 5. All acts and parts of acts, inconsistent with Repeal.
the provisions of this act, are hereby repealed.

Section 6. This act shall take effect from and after its
passage, and shall apply to the present session of the execu-
tive council. Approved March 24, 1858.

An Act to incorporate the proprietors of the boston Chan. 79.

THEATRE. ^

Be it enacted, §t., as follows:

Section 1, Franklin Haven, Augustus H. Fiske, Gardner Corporators.
Brewer, Edward C. Bates, and Elijah D. Brigham, their
associates and successors, are hereby made a corporation by Name.
the name of The Proprietors of the Boston Theatre, for the Purpose,
purpose of purchasing, acquiring, and maintaining, in the
city of Boston, a building suitable and convenient for a
theatre or opera house ; with all the powers and privileges, Privileges, re-
and subject to all the duties, liabilities and restrictions set "^ '°°*'
forth in the forty-fourth chapter of the Revised Statutes.

Section 2. The capital of the said corporation shall not capital not to
exceed the sum of three hundred thousand dollars, to be '^^'^^'^ ' ^'
divided into such number of shares as said corporation shall
determine : provided, that no shares shall be issued for a no shares issued
less sum or amount, to be paid in on each, than the par "^"^'^'
value of the shares which shall be first issued.

Section 3. The said corporation is hereby authorized to May purchase
purchase the property now held and owned by the Boston ton'^ibJatrej^c"
Theatre, and in case it shall make such purchase, it shall
assume and be liable for the debts of that corporation : pro- Proviso.
vided, that the said Boston Tlieatre shall not be released
and discharged from such debts until the same shall be
fully paid and satisfied.

Section 4. If any ardent spirits, or intoxicating drinks Ardent spirits,
of any kind, shall be sold in said building by said corpora- sold.
tion, its agents or lessees, or by persons in its employment,
then this act shall be void.

Section 5. This act shall take effect from and after its
passage. Approved March 24, 1858.

60

1858.— Chapter 80.

Chap. 80.

Corporators.

Purpose.

Privileges, re-
Btrictions, &c.

Capital not to
exceed $700,000,
in shares of $100
each.

May purchase the
property of Had-
iey Falls Com-
pany, &o.

Liabilities.

Hadley Falls
Company, not

Ajst Act to incorporate the proprietors of the hadley falls.

Be it enacted, §'c., as follows:

Section 1. Ignatius Sargent, Richard S. Fay, Jonathan
I. Bowditch, Chester W. Chapin, William Amory, and Wil-
liam Appleton, their associates, successors and assigns, are
hereby made a corporation by the name of the Proprietors
of the Hadley Falls, for the purpose of maintaining the
dam heretofore erected across the Connecticut River by the
Hadley Falls Company, and the locks and canals in connec-
tion with said dam, and using the water-power thereby
created, for manufacturing articles from cotton, wool, iron,
wood and other materials, and selling, demising, or leasing
the same to other persons and corporations, to be used for
manufacturing and mechanical purposes, and also for the
purposes of navigation ; and in addition to the powers and
privileges, duties, liabilities and restrictions, hereby granted
or imposed, shall have 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, and in the two hundred and seventy-sixth chapter
of the acts of the year one thousand eight hundred and
fifty-seven.

Section 2. The capital stock of the said corporation shall
not exceed seven hundred thousand dollars, to be divided
into shares of one hundred dollars each ; and no share shall
at any time be issued by said corporation for less than one
hundred dollars.

Section 3. The said corporation shall have full power
and authority to purchase, take, hold, and receive from the
said Hadley Falls Company, all its estate, real and personal,
and mixed, with all the water-powers, water-courses, water-
privileges, dams, canal, privileges, rights, easements, and
appurtenances thereto pertaining or belonging, or therewith
connected ; and in case it shall so purchase, take or receive
the same, the said corporation shall have and possess all the
powers and privileges, and be subject to all the duties and
liabilities given or granted to, or imposed upon the said
Hadley Falls Company in and by an act entitled " An Act
to incorporate the Hadley Falls Company," made and passed
on the twenty-seventh day of April in the year one thou-
sand eight hundred and forty-eight : and in case the said
corporation shall so purchase from said Hadley Falls Com-
pany, it shall be liable for all the present debts and liabili-
ties of the said Hadley Falls Company.

Section 4. Nothing herein contained shall in any way

1858.— Chapters 81, 82, 83. 61

exempt, release or discharge the said Hadley Falls Company exempt tvom
from any of its said debts and liabilities. debts, &e.

Section 5. This act shall take effect from and after its

passage. Approved March 24, 1858.

An Act to extend the time to pay in the capital stock of the (Jkan 81

HIDE AND leather BANK, IN BOSTON. -' "

Be it enacted ^'c, as follows :

The time within which the capital stock of the Hide and Time for paying
Leather Bank, in Boston, shall be paid in, as provided in l^tenXd'" '"""'
the " Act to incorporate the Hide and Leather Bank, in
Boston," is hereby extended to the first day of May, in the
year one thousand eight hundred and fifty-nine.

Approved March 24, 1858.

An Act in relation to the assessment and collection of Chan 82

taxes. ^'

Be it enacted, ^r., as folloios :

The fifth section of chapter two hundred and thirty-nine Act of isss re
of the acts of eighteen hundred and fifty-six is hereby p'^'^'^^-
repealed. Approved March 25, 1858.

An Act concerning the employment of children in manufac- Chap. 83.

TURING establishments.

Be it enacted, Sfc, as folloivs :

Section 1. No child under twelve years of age shall be cuiwreu under
employed in any manufacturing establishment, in this Com- be em'^pioyed un-
monwealth, unless such child shall have attended some lehooi'%i|hteen
public or private school, of which the teacher shall have weeks a year.
been approved by the school committee of the city or town
in which such school shall have been kept, eighteen weeks
within the year next preceding the time of such employ-
ment, and for the same period during any and every twelve
months, in which such child shall be so employed; but the Aet not to apply.
provisions of this act shall not apply to a child who shall
have removed into this Commonwealth, from any other state
or country, until such child shall have resided six months
within this Commonwealth.

Section 2. The owner, agent, or superintendent of any Penalty.
manufacturing establishment in this Commonwealth, who
shall employ any child in such establishment, contrary to
the provisions of tliis act, shall forfeit a sum not exceeding
fifty dollars, to be recovered by indictment, to the use of
the common schools in the town where said establishment
may be situated.

Section 3. All acts and parts of acts, inconsistent with
this act, are hereby repealed. Approved March 25, 1858.

62 1858.— Chapter 84.

Chan. 84. -^ ■^^'^ '^'^ establish a police court IX THE TOWN OF TAUNTON.

Be it enacted, ^c, asfolloivs :

Court established Section 1. A poUcG court IS liGrebj established in the
town of Taunton, to consist of one competent and discreet
person as standing justice, and one as special justice, to be
appointed and commissioned by the governor, pursuant to
the constitution.

Jurisdiction in SECTION 2. The Said court shall have original and exclu-

Tauuton. sivc jurisdictiou over all offences committed in said town,

whereof justices of the peace or police courts now have or
may hereafter have jurisdiction, and, also, original and
exclusive jurisdiction over all civil suits and actions, whereof
justices of the peace or police courts now have or may here-
after have jurisdiction, whenever all the parties reside in

Jurisdiction in said towii. Said court shall have concurrent jurisdiction
coun y. ^r[i\^ justices of the peace, over all offences committed in the
county of Bristol, whereof justices of the peace or police
courts now have or may hereafter have jurisdiction, and
of all suits and actions which are now or may hereafter be
within the jurisdiction of justices of the peace or police
courts.

Appointment of SECTION 3. A clcrk of Said court shall be appointed and
commissioned by the governor, who shall faithfully perform
all services by law required of the clerks of like courts in
this Commonwealth.

Either justice SECTION 4. Either of the justices of said court may issue

f&Its!"^^" ^*'^" warrants in all proper cases. No justice of the peace shall
hereafter be allowed any fees for warrants issued in said
town, or elsewhere, for offences committed in said town ;
and all warrants so issued shall be made returnable before
said court.

Compensation SECTION 5. Tlic fccs and costs accruing from criminal

liirk.^^"""^^ prosecutions in said court shall be paid to the standing jus-
tice, and out of the same he shall retain for his services tlie
sum of one thousand dollars for each year, and in the same
proportion for any part of a year. Said standing justice
shall, out of his compensation, pay to the special justice the
fees prescribed by law for the services performed by him.
The clerk of said court shall be entitled, out of said fees
and costs, to the sum of three hundred dollars for his ser-
vices for each year, and in the same proportion for any part
of a year ; and he shall also be entitled to the fees for
copies. Said justices and clerk shall retain also to their own
use the fees received by them for civil business.

Fees, &c. SECTION 6. The Standing justicc shall, on or before the

first day of January in each year, pay to the treasurer of

1858.— Chapter 85. 63

the county of Bristol, any balance of fees and costs in his
hands, and all fines received by him.

Section 7. A court shall be held by said standing or court, how often
special justice in said town, three times each week, and as ° '^ ® '
much oftener as is deemed necessary, for criminal business ;
and on one day in each week, and oftener if said justices
shall see fit, for civil business. The standing justice shall
have power to make all proper rules for the conduct of the
business of said court.

Section 8. The special justice shall not hear, try and when special
determine any cause in saidcourt, unless the standing justice J"* "^® ^'^y **''•
shall be unable to officiate on account of absence, sickness,
bias, interest, or other disability. When the special justice
shall officiate, he shall cause to be stated on the record the
reason tlierefor.

Section 9. Neither of said iustices, nor the clerk, shall Justices shaii not

-,,„ .-, '' . ^ i-i act as counsel.

act as counsel beiore said court, or in any cause which may
have been heard or tried, or is pending in said court.

Section 10. The governor, by and with the advice and Appointment of
consent of the council, shall have power to appoint the cierk.*^
said justices and clerk, at any time after the passage of this
act.

Section 11. This act shall not affect any cause pending ^^"'^"s ''^^^«»-

when it shall take effect. Approved March 25, 1858.

An Act to abolish the laxd office. Chap. 85.

Be it enacted^ ^'c, as follows :

Section' 1. The land office, established for the manage- Office abolished.
ment and sale of land, belonging to this Commonwealth, in
the State of Maine, is hereby abolished.

Section 2. The treasurer and receiver-general of the Treasurer to per-
Commonwealth, shall, hereafter, have and exercise all the ^^^
powers now by law conferred upon, and perform all the
duties now by law required of the land agent.

Section 3. The first section of the tenth chapter of the Kepeai.
Revised Statutes, the first section of the two hundred and
nineteenth chapter of the acts of the year one thousand
eight hundred and forty-six, the first and second sections of
the one hundred and ninetieth chapter of the acts of the
year one thousand eight hundred and fifty-one, and all other
acts and parts of acts inconsistent herewith, are hereby
repealed : jirovidecl, that this repeal shall not be construed Proviso,
to revive any acts or parts of acts repealed in or by any of
the acts herein referred to.

Section 4. This act shall take effect from and after the
first day of January, in the year one thousand eight hundred
and fifty-nine. Approved March 25, 1858.

64 1858.— Chapters 86, 87.

Chctp. 86. -^^ -^CT IN FURTHER ADDITION TO " AN ACT FOR SUPPLYING THE
^ CITY OF BOSTON WITH PURE WATER."

Be it enacted-i §'c., as follows :
City of Boston SECTION 1. The citv of Bostoii is hereby authorized, by

authonzcd to "^ n ^ r^ i • ttt t-i ^

raise dam at out- and througli the agency oi the Cochituate Water Uoard
chituate, &o. " therein, or by and through any other agency, which shall be
established therefor by the city council of said city, to raise
the dam at the outlet of Lake Cochituate, formerly called
Long Pond, lying in the towns of Natick, Wayland and
Framingham, two feet above the present height of said dam ;
May hold real and may also take and hold, from time to time, by purchase
^^ "^ ^' or otherwise, any lands or real estate on and around the

margin of said lake, not exceeding five rods in width, meas-
uring from the verge of said lake, when the same shall be
raised to the level authorized by this act, so far as such lands
and real estate may be necessary for the preservation and
purity of said lake, for the purpose of furnishing a supply
of pure water for said city of Boston.
Liability for dam- SECTION 2. Thc Said city of Boston shall be liable to pay
^^^^' all damages that shall be sustained by any persons in their

property by the taking of any land or real estate, or by the
flowage of the lands of any person, as aforesaid ; and in
regard to such taking and flowing, and the ascertainment
and payment of all such damages, the said city of Boston,
and all persons claiming damages, shall have all the rights,
immunities and remedies, and be subject to all the duties,
liabilities and obligations, which are provided in the one
hundred and sixty-seventh chapter of the acts of the year
one thousand eight hundred and forty-six, the one hundred
and eighty-seventh chapter of the acts of the year one thou-
sand eight hundred and forty-nine, and the three hundred
and sixteenth chapter of the acts of the year one thousand
eight hundred and fifty.
Act not to take SECTION 3. Tliis act sliall not take effect until the same
cepted.**" ' shall liavc been accepted by the city council of Boston, and
also by the inhabitants of the towns of Framingham, Natick
and Wayland, at legal meetings to be held for that purpose.

Approved March 25, 1858.

Chan 87 ^^ ^^^ authorizing JOHN SOMES TO EXTEND HIS WHARF.

Be it enacted, §'c., asfollotvs:

May extend SECTION 1. Johu Soiucs is hereby authorized to extend

his wharf in the harbor of Gloucester, a distance not exceed-
ing one hundred and sixty-five feet in a southerly direction

ProTiso. towards the channel : provided, that this grant shall not, in

any manner, interfere with the legal rights of any person
or persons whatever.

1858.— Chapters 88, 89, 90. 65

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

passage. Approved March 25, 1858.

An Act authorizikg robert fears to extend his wharf. Chat). 88.

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

Section 1. Robert Fears is hereby authorized to extend Jf^y^^*'^^"'^
and maintain his wharf at Duncan's Point, in the harbor of
Gloucester, a distance of eighty feet, in a south-westerly
direction towards the channel : provided^ that this grant proviso,
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 March 25, 1858.

^ Chap. 89.

An Act to incorporate the cape ann mutual biarine insurance

COMPANY.

Be it enacted, §'c., as follows:

Section 1. John W. Lowe, Benjamin PI. Corliss, and corporator*.
Joseph 0. Proctor, their associates and successors, are hereby
made a corporation by the name of the Cape Ann Mutual Name.
Marine Insurance Company, to be established in the town Location,
of Gloucester, for the term of twenty-eight years, for the Purpose,
purpose of making insurance on the mutual principle,
against maritime losses ; with all the powers and privileges, prmieges, re-
and subject to all the duties, 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 itg
passage. Approved March 25, 1858.

An Act to incorporate the new England pipe works. Chnii QO

Be it enacted, ^"c, as folloivs : ■*

Section 1. William H. Calrow, Josiah B. Richardson, corporators.
S. T. Sanborn, Benjamin F. Butler, William E. Coffin, Eras-
tus F. Dana, Jason Braman, and H. K. Moore, their asso-
ciates and successors, are hereby made a corporation, by Name,
the name of the New England Pipe Works, for the purpose Purpose.
of manufacturing steam and gas pipes and fittings, and
machinery appertaining thereto ; said company to be located Location.
in the city of Boston, in the county of Suffolk ; with all the Privileges, re-
powers and privileges, and subject to all the duties, restric- st^-^t'oas, &c.
tions and liabilities, set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes, and in the two
hundred and seventy-sixth chapter of the acts of the year
one thousand eight hundred and fifty-seven.

9

66 1858.— Chapter 91.

Real estate not to SECTION 2. The Said corporation may hold real estate,
capital $200^000! not exceeding in amount one hundred thousand dollars ;

and the whole capital stock thereof, shall not exceed, in

amount, two hundred thousand dollars.
No shares issued SECTION 3. No sharc iu tlic Capital stock of said corpora-
un erpar. tlou, shall bc issucd 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 4. This act shall take effect from and after its

passage. Approved March 25, 1858.

Chat) 91 ^^ -^^^ CONCERNING THE AMHERST AND BELCHERTOWN RAILROAD
"' ' COMPANY. ■

Be it enacted, Sfc, as follows:
Time for locating SECTION 1. The time allowcd to the Amherst and Bel-
ing, extended"'' chcrtowu Railroad Company for locating the second section
of its railroad, from Amherst to Montague, is hereby ex-
tended two years ; and the time for constructing the same
is hereby extended three years, beyond the periods now
fixed by law for the location and construction thereof.
May issue shares SECTION 2. The Said compauy is hereby authorized to

as preferred stock . c ,t • ■ -, p'ii,i

&c. issue any oi the remaining shares oi capital stock now

authorized by law to be issued by said company, not exceed-
ing one thousand in number, as a preferred stock for the
purpose of paying the bonds and other debts of the company,
of whicli six hundred shares shall be entitled to such divi-
dends as the company may determine, not exceeding eight
per cent, per annum, and the remainder shall be entitled to
dividends not exceeding six per cent, per annum ; said divi-
dends to be paid out of the first net earnings of the said
company.
May change SECTION 3. If Said compauy's railroad, fixtures and fran-
pa™/ &c.''°'" chise, now mortgaged to trustees for the security of bond
holders, shall be lawfully sold by said trustees for the benefit
of said bond holders, the purchasers at such sale are hereby
authorized to associate themselves under any name they
may assume. Said purchasers, their successors and assigns
Privileges, re- sliall be aud remain a body corporate, with all the powers
BtrictioDs, &c. ^^^^ privileges of the original corporation, and subject to all
the duties, restrictions and limitations, set forth in the forty-
fourth chapter of the Revised Statutes.
Act void unless SECTION 4. Tliis act sliall not take effect unless it shall
jSity*^of^It™k- be accepted by a majority of the stockholders of the Amherst
holders, &c. gj^jj Belcliertowii Railroad Company, present and voting at
a meeting duly called and notified for that purpose.

Approved March 25, 1858.

1858.— Chapters 92, 93. 67

An Act to incorporate the traveller newspaper association. Chap. 92
Be it enacted^ ^'c, asfolloios:

Section 1. Roland Worthington, Henry Flanders, Curtis corporators.
Guild, Duncan McLean, Joseph B. Morss, and Charles C.
Hazewell, their associates and successors, are hereby made a Name.
corporation by the name of the Traveller Newspaper Asso-
ciation, for the purpose of printing and publishing newspa- Purpose.
pers, and executing job printing, in the city of Boston ; with location.
all the powers and privileges, and subject to all the duties, Ji\cl\im', &c'
restrictions and liabilities, set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes.

Section 2. Said corporation for the purposes aforesaid, Reai estate $50,-
may hold real estate to the amount of fifty thousand dollars, °°'
and the whole amount of the capital stock shall not exceed ceTd $150 000 ^^
one hundred and fifty thousand dollars.

Section 3. This act shall take effect from and after its
passage. Approved March 25, 1858.

Chap. 93.

An Act to change the jurisdiction in matters of probate and
OF insolvency.

Be it enacted^ cVc, as foUoivs :

Section 1. The office of judge of probate of wills, and of"robaV"a1?d
for granting letters of administration, and the office of judge j«dge of insoi-
of the court of insolvency, as the same are now establislied ^^"''^ a ois e .
by law, in each of the respective counties of the Common-
wealth, are hereby abolished; and there shall be in each Appointment and
county of the Commonwealth a suitable person, learned in judgesofprobatJ
the law, appointed and qualified in the manner prescribed and insoiyency.
by the constitution, to be the judge of probate of wills,
and for granting letters of administration, and to be the
judge of the court of insolvency for such county, who shall
be called the judge of probate and insolvency ; and as
vacancies shall occur, the same shall be filled in the manner
prescribed in the constitution for appointing and commis-
sioning judicial officers.

Section 2. All the jurisdiction and authority that the Transfer of pro-
judges of the probate of wills, and for granting letters of ^ ^ J""^ "=*'°°
administration now, by law, have and exercise, shall be
transferred to, and vested in the judges of probate and
insolvency ; and all the provisions of law that now apply to
the judges of probate in their respective counties, shall
apply in like manner to the judges of probate and insol-
vency, except so far as the same may be by this act modified
or repealed.

Section 3. All the jurisdiction and authority which the ^^^^^^^^ ?^ -"l?'"
judges of insolvency, now, by law, have and exercise, shall tion.

68 1858.— Chapter 93.

be transferred to, and vested in, the judges of probate and
insolvency, appointed under the provisions of this act ; and
all the provisions of law which now apply to the judges of
insolvency, shall apply in like manner to the judges of
probate and insolvency, except so far as the same may be
by this act modified or repealed.
Election and ten- SECTION 4. At tlio auuual clection in Novcmbcr in the
registers "S'^Vo^ year one thousand eight hundred and fifty-eight, and at the
vency'^'^*^ *°®°^' auuual clectiou in November of every fifth year thereafter,
the legal voters of the several cities and towns in each county
shall choose by ballot for their respective counties, a register
of probate and insolvency, who shall act as register of the
court of probate, and of the court of insolvency, within and
for the county for which he shall be so chosen. The regis-
ters of probate and insolvency so elected, shall be sworn,
and shall hold their offices, respectively, from the first
Wednesday of January next following said annual election
in November, excepting as hereinafter provided,
ofiices of register SECTION 5. Thc officcs of register of probate and of
resirtrr''oMnsoi^ rcgistcr of insolvcucy respectively, in the several counties,
vency abolished, g^g i\^qj jjqw cxlst, sliall. Oil tlio first Wednesday of January,
when the registers of probate and insolvency shall enter
upon the discharge of their respective duties, be abolished ;
proTisions of law aiid all tlio^ provisioiis of law which now apply to the regis-
to app y. ^^^g ^|. pj,Q]^r^^Q g^^^ Ij^Q registers of insolvency respectively,

in the several counties, shall apply in like manner to the
registers of probate and insolvency in their respective coun-
ties, except so far as the same may be modified or repealed
by this act.
Appointment and SECTION 6. Thc judgc of probatc and insolvency in each
of assilta°nt regis- of tlic scvcral countics of Suffolk, Middlesex, Worcester,
counttes '^"'^'^'^^^ Essex and Norfolk, may appoint some suitable person to act
as assistant-register of probate and insolvency in his respec-
tive county, who shall hold his office, subject to be sooner
removed by the judge, for the term of three years from the
time of his appointment ; he shall perform his duties under
the direction of the register of probate and insolvency, and
shall be sworn to the faithful discharge of his duties, and
shall pay over to the register, all fees and sums received
by him as his assistant, to be accounted for according to
law.
derof^^sMstaliT- Section 7. Such assistant-register may authenticate
register. papcrs, and perform such other duties of the register as shall

not be performed by him ; and in case of the absence, neg-
lect, removal, J resignation or death ^ of the register, may

1858.— Chapter 93. 69

complete and attest any records remaining unfinished, and
act as register until a new register be qualified.

Section 8. The said registers and assistant-registers of Bond of register*
probate and insolvency, respectively, shall each give a bond fs'ters'"*'^''^"*''^'''^'
to the treasurer of the Commonwealth, in a sum not less
than five hundred dollars, and not exceeding five thousand
dollars, as shall be ordered by the judge of probate and
insolvency, with one or more sureties, to be approved by
the judge, with condition for the faithful discharge of the
duties of their respective offices.

Section 9. The preliminary oath, now required by law oath of creditor.
to be taken by the creditor, in proof of his claim against the
estate of the insolvent debtor, may be administered by a
justice of the peace : provided, that the judge before whom proviso,
the proceedings are pending, may, at any time, require the
personal appearance in court of any party making such
affidavit, to be further interrogated, on oath.

Section 10. The judges of probate and insolvency in judges to have
the several counties, shall have original and exclusi^ve juris- dfctioa'^ln Khit
diction of all cases of insolvent debtors, who reside witluu several counties.
their respective counties, and shall desire to take the benefit
of the acts for the relief of insolvent debtors : provided, that Proviso
when a partnership is insolvent, consisting of two or more
partners who may reside in different counties, the judge of
probate and insolvency, within whose county either one of
the partners may reside, may, on the petition of either one
of the partners, or of any one of the creditors of the partner-
ship, take jurisdiction and issue a warrant under the pro-
visions of the acts for the relief of insolvent debtors.

Section 11. The judges of probate and insolvency, in the Times and place.
several counties in the Commonwealth, are hereby author- of i^o'diug courts.
ized, in addition to the places established by law, to hold
their courts of insolvency at such fixed times and places as
may best promote the convenience of the public.

Section 12. The provisions of the one hundred and Act of isse to
seventy-third chapter of the acts of the year one thousand *p^'^"
eight hundred and fifty-six, which now apply to registers of
probate, shall, as far as the same may be applicable, here-
after apply to the registers of probate and insolvency, who
may be elected and qualified under the provisions of this
act.

Section 13. The several judges of probate and insol- salaries of judges.
vency, appointed under the provisions of this act, shall
receive for their services, annual salaries, to be paid to them
respectively, out of the treasury of this Commonwealth, in
quarterly payments, on the first days of January, April,

70

1858.— Chapter 93.

Bristol.

Plymouth.

Berkshire.

Hampden.

Burnstablo.

Hampshire.

Dukes County.

Salaries of regis-
ister8 and assist-
ants.

Middlesex.

July and October, and in the same proportion for every part
of a year, to wit :

The judge of probate and insolvency for the county of
Suffolk, the sum of three thousand dollars ;

The judge of probate and insolvency for the county of
Middlesex, the sum of two thousand dollars ;

The judge of probate and insolvency for the county of
Worcester, the sum of eighteen hundred dollars ;

The judge of probate and insolvency for the county of
Essex, the sum of fifteen hundred dollars ;

The judge of probate and insolvency for the county of
Norfolk, the sum of fourteen hundred dollars ;

Tlie judge of probate and insolvency for the county of
Bristol, the sum of eleven hundred dollars ;

The judge of probate and insolvency for the county of
Plymouth, the sum of one thousand dollars ;

The judge of probate and insolvency for the county of
Berkshire, the sum of eight hundred dollars ;

The judge of probate and insolvency for the county of
Hampden, the sum of eight hundred dollars ;

The judge of probate and insolvency for the county of
Barnstable, the sum of seven hundred dollars ;

The judge of probate and insolvency for the county of
Hampshire, the sum of six hundred and fifty dollars ;

The judge of probate and insolvency for the county of
Franklin, tlie sum of six hundred dollars ;

The judge of probate and insolvency for the county of
Nantucket, the sum of three hundred dollars ;

The judge of probate and insolvency for the county of
Dukes County, the sum of two hundred and fifty dollars.

Section 14. Tlie several registers and assistant-registers
of probate and insolvency, appointed under the provisions of
this act, shall receive for their services, annual salaries, to
be paid to them respectively, out of the treasury of the
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 :

The register of probate and insolvency for the county of
Suffolk, the sum of three thousand dollars ;

The assistant-register for the county of Suffolk, the sum
of fifteen hundred dollars ;

The register of probate and insolvency for tlie county of
Middlesex, the sum of fifteen hundred dollars ;

The assistant-register for the county of Middlesex, the
sum^of one thousand dollars ;

1858.— Chapter 94. 71

The register of probate and insolvency for the county of Worcester.
Worcester, the sum of fifteen hundred dollars ;

The assistant-register for the county of Worcester, the
sum of one thousand dollars ;

The register of probate and insolvency for the county of Essex.
Essex, the sum of fifteen hundred dollars ;

The assistant-register for the county of Essex, the sum of
eight hundred dollars ;

The register of probate and insolvency for the county of Norfolk.
Norfolk, the sum of one thousand dollars ;

The assistant-register for the county of Norfolk, the sum
of six hundred dollars ;

The register of probate and insolvency for the county of Bristol.
Bristol, the sum of thirteen hundred dollars ;

The register of probate and insolvency for the county of Plymouth.
Plymouth, the sum of one thousand dollars ;

The register of probate and insolvency for the county of Hampden.
Hampden, the sum of eight hundred dollars ;

The register of probate and insolvency for the county of Berkshire.
Berkshire, the sum of eight hundred dollars ;

The register of probate and insolvency for the county of Hampshire.
Hampshire, the sum of seven hundred and fifty dollars ;

Tlie register of probate and insolvency for the county of Frankiin.
Franklin, the sum of seven hundred dollars ;

The register of probate and insolvency for the county of Barnstable.
Barnstable, the sum of seven hundred dollars ;

The register of probate and insolvency for the county of Nantucket.
Nantucket, the sum of three hundred dollars ;

The register of probate and insolvency for the county of oufees co.
Dukes County, the sum of two hundred and seventy-five
dollars.

Section 15. This act shall take effect on the first day of
July next, except as to that part which provides for appoint-
ing and qualifying the judges of the court of probate and
insolvency, which part shall take effect thirty days from the
passage hereof. Approved March 26, 1858.

An Act in relation to the pickerel and perch fishery in the Qhnyk 94

DISTRICT OF MARSHPEE. -t *

Be it enacted, cVc, as folloios :

Section 1. The district of Marshpee is hereby authorized District may ea-
and empowered, at any legal meeting, called and held for ^^^^^ ^y-iaws.
that purpose, to make and establish by-laws in relation to the
taking of pickerel and perch in any of the ponds in said
district, by hooks and lines, at any season of the year.

72

1858.— Chapters 95, 96.

May authorize
selectmen to let
fishery.

Penalty.

Section 2. The said district, at any regular meeting,
with notice in the warrant that the subject will be acted on,
may authorize the selectmen of said district to let or dispose
of the pickerel and perch fishery, or either, within said
district, or any part thereof, from time to time, for any term
not exceeding one year, to any person, upon such terms as
may be by its by-laws fixed and established.

Section 3, Any person who shall take or catch any fish,
in violation of the provisions of any by-laws established under
authority of this act, shall forfeit and pay a fine of not less
than one dollar nor more than twenty dollars, for each and
every offence, to be recovered by prosecution before any
court of competent jurisdiction, one-half to the person
prosecuting, and one-half to the said district.

Section 4. All acts and parts of acts inconsistent here-
with, are hereby repealed. Approved March 26, 1858.

Chap. 95. An

Acts of 1850 and
1855 extended.

Chap.

Investment of
certain funds.

Proviso.

Act in further addition to an act to regulate the fish-
eries IN THE vicinity OF NANTUCKET.
Be it enacted, <^t., as follows :

The })r ©visions of the sixth chapter of the acts of eighteen
hundred and fifty, and of the one hundred and fifty-sixth
chapter of the acts of eighteen hundred and fifty-five, are
hereby extended, and shall apply to the taking of fish, with
any kind of net, by any person or persons, within the limits
prescribed in the act first above mentioned.

Approved March 26, 1858.

Qg_ An Act in relation to certain funds belonging to the com-
monwealth, AND THE disbursement OF THE INCOME THEREOF.
Be it enacted, Sfc, as follows. •

Section 1. The Massachusetts School Fund, the State
Almshouse Loan Sinking Fund, the fund provided by chapter
one hundred and ninety-seven of the acts of the year one
thousand eight hundred and fifty-seven, (which fund shall
hereafter be known as the " Debt-Extinguishment Fund,")
the Indian School Fund, the Todd Normal School Fund, the
donation of Henry B. Rogers, (hereafter to be known as the
" Rogers Book Fund,") the Charles River and Warren
Bridges Fund, and all additions which may be made to said
funds, shall continue to be held and invested, and the invest-
ments may be altered, according to such acts and resolves
as have been or may hereafter be passed relating to said
funds, any thing contained in the first chapter of the acts of
the present year to the contrary notwithstanding : provided,
that no part of the income of any of said funds shall be used
for any other purpose than to be added to the principal for

1858.— Chapter 96. 73

the purpose of accumulation, unless in accordance with
some specific appropriation as is provided in said first cliap-
ter, or unless it is otlierwise provided in this act.

Section 2. One moiety of the income of the Massachu- Distribution of
setts School Fund shall be annually apportioned and dis- fanT''
tributed among the several cities and towns in this Common- /
wealth entitled thereto, for the use and support of common /
schools, in the manner, according to the provisions and •■ —
under the restrictions, heretofore established by law for
such apportionment and distribution, although no specific
appropriation thereof be made to this effect ; and the other
moiety shall furnish the means from which all educational
expenses shall be paid, in accordance with such appropria- /
tions as may be made in each year ; and the balance not /
required to satisfy such appropriations shall always be added ;
to the principal of the fund.

Section 3. The sums hereinafter mentioned in this sec- Appropriations
tion, are appropriated and shall be allowed and paid out of fun™.
the moiety of the income of the school fund applicable to
educational purposes, for the year one thousand eight hun-
dred and fifty-eight, including also unpaid accounts of pre-
ceding years, in addition to three thousand six hundred
dollars, already appropriated in the eleventh chapter of tlie
acts of the present year ; that is to say :

For the support of the four state normal schools, in Normal schools.
accordance with the provisions of the resolves of the year
one thousand eight hundred and fifty-five, chapter forty- (■ —
eight, and the resolves of one thousand eight hundred and
fifty-seven, chapter eighty-five, a sum not exceeding thirteen
thousand five hundred dollars.

For the support of one or more agents of the board of Agents board of
education, in accordance with the provisions of the resolves '^ "'''" ""
of the year one thousand eight hundred and fifty-seven,
chapter twenty-two, a sum not exceeding three thousand
five hundred dollars.

For the Massachusetts Teachers' Association, in accord- Mas,sachusetts
ance with the resolves of the year one thousand eight hun- sodatio'ii.
dred and fifty-three, chapter nine, three hundred dollars ;
and in accordance with the resolves of the year one thousand
eight hundred and fifty-seven, chapter thirty-five, three
hundred dollars.

To supply dictionaries to the schools, in accordance with Dictionaries for
the resolves of the year one thousand eight hundred and fifty,
chapter ninety-nine, a sum not exceeding six hundred dollars.

For teachers' institutes, in accordance with the acts of T.achers' insti-
the year one thousand eight hundred and forty-six, chapter *"'""'*■

10

74

1858.— Chapter 96.

state scholar-
ships.

Aid to attend-
ants in normal
schools.

Expenses of sec-
retary of board of
education.

Expenses of mem-
bers of board of
education.

New England
School of De-
sign for women.

New England
Female Medical
College.

Indian Schools.

ninety-nine, the resolves of the year one thousand eight
hundred and fifty, chapter sixty-five, and tlie resolves of the
year one thousand eiglit hundred and fifty-two, chapter two,
a sum not exceeding four thousand two hundred and fifty
dollars.

For the support of state scliolarships, in accordance with
the acts of the year one thousand eight hundred and lifty-
tliree, chapter one hundred and ninety-three, four thousand
eiglit hundred dollars.

For aid to attendants in the state normal schools, in
accordance with the resolves of the year one tliousand eight
hundred and fifty-three, chapter sixty-two, a sum not
exceeding four tliousand dollars.

For the expenses of the secretary of the board of educa-
tion, in accordance with the acts of the year one thousand
eight hundred and forty-nine, chapter two hundred and
fifteen, section third, a sum not exceeding four hundred
dollars.

For the expenses of the members of tlie board of educa-
tion, in accordance with the acts of the year one tliousand
eight hundred and thirty-eight, chapter fifty-five, a sum not
exceeding two hundred dollars.

For the New England School of Design for Women, in
accordance with the resolves of the year one thousand eight
hundred and fifty-six, chapter ninety, five hundred dollars.

For the New England Female Medical College, in accord-
ance with the resolves of the year one thousand eight hun-
dred and fifty-four, chapter eighty-five, one thousand dollars ;
and in accordance with the resolves of the year one thou-
sand eight hundred and fifty-five, chapter forty-five, and
subject to the conditions therein mentioned, two thousand
five hundred dollars.

For the support of certain Indian schools, in accordance
with the Revised Statutes, chapter twenty-three, section
sixty-eight, one hundred dollars ; in accordance with the
acts of the year one thousand eight hundred and thirty-
eight, chapter one hundred and fifty-four, one hundred and
forty dollars ; in accordance with the resolves of the year
one thousand eight hundred and fifty-five, chapter thirty-
five, one hundred and sixty-five dollars ; in accordance with
the resolves of the year one thousand eight hundred and
fifty-six, chapter twenty, sixty dollars ; chapter twenty-eight,
one hundred and four dollars ; chapter thirty-four, sixty
dollars ; making in the aggregate six hundred and twenty-
nine dollars.

For county associations of teachers, in accordance with

1858.— Chapter 96. 75

the acts of the year one thousand eight hundred and forty- county associa-
eight, chapter three hundred and one, a sum not exceeding '°°*° teachers.
seven hundred dollars.

For postage, printing, advertising, stationery, meteoro- Postage, &c.
logical observations, and all other incidental expenses of the
board of education, or of the secretary thereof, a sum not
exceeding three thousand eight hundred dollars.

And it shall be the duty of all societies, associations and societies, &c., re-
institutions to which money is paid in virtue of appropria- repomoTuaitor*!
tions herein made, to make a report to the auditor, on or
before the first day of January next, stating particularly the
manner in which such money has been disbursed. The
auditor shall include an abstract of said statements in his
annual report.

Section 4. All payments made for accrued interest upon Accmed interest
securities purchased in making new investments of any part howto'^bfrhrrged
of the principal of the Massachusetts School Fund, shall be
charged against and deducted from the income of the fund.
Such payments, when made before the first day of June in
any year, shall be deducted from the income previous to its
division into two parts as herein before provided : when
made subsequently, they shall be charged against the income
to be divided in the next year.

Section 5. The income of the school fund may be antici- income of school

.-in It T 1 ji-- lund may be an-

pated irom the ordinary revenue, whenever this is necessary ticipted from
to carry out the provisions of the third and fourth sections nue"^'^^ ^^^^'
of this act : provided, that all sums thus anticipated shall be
repaid as soon as practicable ; and provided, further, that no Proviso,
payments shall be made from the ordinary revenue in any
year, in anticipation of tlie income of the school fund to be
earned in tlie succeeding year.

Section 6. All grants of money from the income of the Grants of money

ii«Ti jp -in •r-i 1 o from income of

school lund heretoiore made lor a specified number ot years, school fund to
shall cease and determine at the expiration of the periods pre"ent^year. ^^^
for which they have severally been made, unless annually
renewed ; and all such grants made for an indefinite period,
shall cease and determine with the present year ; and upon Legislature to
the determination of such grants the legislature shall have ic^ vo-^^r,
full power in each year to apportion and appropriate the
moiety of the income of the school fund applicable to educa-
tional purposes, to such objects and by such amounts as shall
seem to the legislature in each year best to subserve the
educational interests of the Commonwealth.

Section 7. The income of the Indians' School Fund income of mdian

TT T •• ^1 f School lund;

shall be applied according to the provisions of the acts of the how applied.

76 1858.— Chapter 96.

year one thousand eight hundred and thirty-seven, chapter

eighty-five, section seven.

Income of Todd SECTION 8. Thc iucome of the Todd Normal School Fund

Fundf how ""ap- sliall bc paid to the treasurer of the board of education, to

p"«^i- be applied in such manner as may be prescribed by said

board.
Avails of sales of SECTION 9. Thc avails of the sales of lands belonging to
to'^be^'L^d^'^nto the Commonwealth in the Back Bay, shall be paid into the
moietrto^onsu'^ trcasury, to be held, invested and applied in accordance
tute Back Bay with tlic provisious of tlic rcsolvcs of the year one tliousand
eight hundred and fifty-seven, chapter seventy ; and the
moiety of such avails, which, by the provisions of said chap-
ter, inures immediately to the use of the Commonwealth,
shall constitute a fund (to be known as the " Bay Lands
Fund ") to be employed for the redemption of the scrip
issued ill the year one thousand eight hundred and fifty-six,
in accordance with tlie provisions of the third section of
cliaptei two hundred and thirty-five of the acts of that year.
Income of Rogers SECTION 10. Tlic iucomc of thc Rogcrs Book Fund shall
fx^e^ndrd"'^' "^""^ ^c annually expended, in accordance with the conditions
named by the donor, in conformity witli chapter two hun-
dred and fifteen of the acts of the year one thousand eight
hundred and fifty-seven.
Toll to cease SECTION 11. W hcuever the Charles River and Warren
er"and^ Warren Bridgcs Fuud shall havc reached the sum of one hundred
^i^d^^^erchM thousand dollars, and all accounts and charges upon said
«ioo,ooo. fund shall have been paid and settled, the governor shall

issue his proclamation, declaring that the collection of tolls
shall cease from and after such day as he may appoint, — and
the tolls shall coutinue to be levied until the time tlius
appointed by the governor ; and said sum of one hundred
thousand dollars shall be set apart and preserved as a per-
manent fund, and the income thereof alone shall, annually,
be expended for the maintenance and support of the bridges,
according to such appropriations as may bc made in each
year by tlie legislature.
Sums appropia- SECTION 12. The sums mentioned in this section are
Charles River and appropriated, aiid shall be allowed and paid out of the
Warren Bridges. Qj^^rlcs Rivcr and WaiTCu Bridges Fund, in accordance with
tlie provisions of chapter four hundred and fifty-one of the
acts of the year one thousand eight hundred and fifty-four ;
that is to say :
Unpaid accounts To mcct Certain unpaid accounts of the year one thousand

of 1857 • IT */

eight hundred and fifty-seven, one thousand seven hundred,
and nineteen dollars and eighty-six cents.

1858.— Chapters 97. 77

For collecting tolls, a sum not exceeding four thousand coiiectin- toUs.
dollars.

For attending draws and horse-keeping, a sum not exceed- Attending draws,
ing three thousand dollars. ^'''

For gas, oil, fluid and fuel, a sum not exceeding one Gas, on, &c.
thousand five hundred dollars.

For the compensation of the agent of the Charles River Pay of agent.
and Warren Bridges, one thousand two hundred and fifty
dollars.

For repairs, a sum not exceeding one thousand dollars. Repairs.

For incidental expenses, a sum not exceeding three hun- incidentals.
dred dollars.

Section 13. The auditor is hereby authorized to hear Auditor to ex-
and examine the claim of William F. Veazie, for damages wIn'!^F.*' veLie,
alleged to have been sustained by him in consequence of ^'=-
repairs upon Warren Bridge, in the years one thousand
eight hundred and fifty-five and one thousand eight hundred
and fifty-six ; and the auditor may make such allowance for
said damages as may seem to him just and equitable, not
exceeding the sum of one hundred and thirty-four dollars
and thirty-eight cents, which sum, or so much thereof as
may be necessary, is hereby appropriated out of the Charles
River and Warren Bridges Fund, to be paid, as aforesaid, in
the settlement of said Veazie's claim.

Section 14. Any claim for repairs, damao-es, or services ciaim tor repairs,

&C to U6 rtjlBHSGCl

of any kind, the payment of which would be chargeable unless presented
upon the Charles River and Warren Bridges Fund, which ^'''°'^'°"''^^"^'-
claim shall not have been presented either to the agent of
said bridges, or to the auditor, before the time when the
collection of tolls ceases, shall be held to be released as
against the Commonwealth or its servants.

Section 15. In any case for which no other provision is income of state
made by law, the income of all funds belonging to the Com- eTtopHndpaila
monwealth shall be added to the principal. certain cases.

Section 16. All acts and parts of acts, inconsistent with
the provisions of this act, are hereby repealed.

Section 17. This act shall take effect from and after its
passage. Approved March 26, 1858.

An Act concekning the Middlesex mutual fire insurance Chap. 97.

COJIPANY. ^

Be it enacted, Sj-c, as follows. •

Section 1. The Middlesex Mutual Fire Insurance Com- Notice to be mea

,, o/-t. 1 • 1 1 ii'ij j_ ^'ith secretary of

pany, in the town ot Concord, is hereby authorized to accept commonwealth.
the extension of its charter, and to file a notice of such
acceptance with the secretary of the Commonwealth, on or

78 1858.— Chapters 98, 99, 100.

before the first day of July next ; and such acceptance and
the filing notice of the same, shall have the same effect as
if they had been done 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 March 26, 1858.

Chap. 98. -^ -^^"^ CONCERNING THE BOWDOIN MUTUAL INSURANCE COMPANY.

Be it enacted, Sfc, as follows:
Act to be accept- SECTION 1. Tlic corporatioii established by chapter two
days'"^' '° ^"^ "^ hundred and eiglity-seven of the acts of the year one thou-
sand eight hundred and fifty-six, is hereby authorized to
accept said act and organize under the same, within sixty
days from the passage of this act ; and said acceptance and
organization shall have the same force and effect, as they
would have had if the same had been done within one year
from the passage of said act.

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

passage. Approved March 26, 1858.

Chap. 99. ^ ^^'^ RELATING TO THE ASSESSMENT OF TAXES IN THE TOWN OF

NEWBURY.

Be it enacted, ^'c, asfolloios:
Assessment of SECTION 1. Thc asscssmcuts of taxes, made by the asses-
e„.i ize . ^^^^^ ^^ taxes of the town of Newbury, for the year one
thousand eight hundred and fifty-five, and the taxes, as
assessed by said assessors for that year, are declared and
made legal and valid.
No suits to be Section 2. No suit at law or in equity hereafter com-
sustaiiiLd. menced, so far as the cause thereof accrues from any irreg-

ularity or defect in the assessments of taxes, in and for said
town, for said year one thousand eight hundred and fifty-
five, shall be sustained ; and this act may be pleaded in bar
of any such suit, so far as the cause thereof accrues from
any such irregularity or defect.

Section 3. This act shaU take effect from and after its
passage. Approved March 26, 1858.

Chap. 100 -^^ -^^"^ RESPECTING THE WESTERN RAILROAD SINKING FUND.

Be it enacted, §'c., as follows :

Investments to Section 1. All futurc investmcnts of moneys belonging
a'nrpubuc secu- to thc Wcstcm Raih'oad sinking fund shall be made in the
rities. following sccuritics, to wit :

. The bonds of the Commonwealth, for the redemption of

which said sinking fund is provided ;

1858.— Chapters 101, 102. 79

Other bonds of the Commonwealth :

The public securities of the United States :

The public securities of the state of New York :

The public securities of either of the states of New Eng-
land :

The public securities of the cities or towns of this Com-
monwealth.

Section 2. The commissioners of the Western Railroad commissioners to
sinking fund, are hereby required to collect, as soon as may due*'°and'^refn-
be, all loans which are overdue, or shall hereafter become ^'''''
due, and re-invest the same in conformity with the first
section of this act.

Section 3. This act shall take effect from and after its
passage. Approved March 26, 1858.

Ax Act to incorporate the mishawum literary association. Chap. 101
Be it enacted, Sfc, as follows :

Section 1. Benjamin Y. Pippey, Charles F. Smith, corporators.
Alphonso L. Paine and William H. Finney, their associates
and successors, are hereby made a corporation by the name Name.
of the Mishawum Literary Association, of Charlestown, for Location.
the purpose of mutual literary improvement ; with all the "'^°*®'
powers and privileges, and subject to all the duties, restric- Privileges, re-
gions and liabilities, as 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 for the purposes aforesaid, not exceeding in all, ceed*|2o°ooo° ^^'
the sum of twenty thousand dollars, the legal title to which Titie to vest in
shall vest in a prudential committee, consisting of five per- ljjufee°*&c. ''°°''
sons, two of whom shall be the president and vice-president
of the corporation ; the remaining three shall be elected as
prescribed by the by-laws of the corporation, excepting that
no person shall be a member of the prudential committee
unless such person shall be above twenty-one years of age.

Section 3. Persons engaged in mercantile, mechanical. Persons eligible.
or other laudable occupations, and above the age of fifteen
years, and none others, shall be-eligible as members of the
corporation, and entitled to vote and act as officers ; except-
ing that in no case shall a person under twenty-one years of
age be a member of the prudential committee.

Approved March 26, 1858.

An Act to incorporate the winthrop mutual fire insurance nh^^ lAO

COMPANY. ^"^^P' ^^^

Be it enacted, Sfc, as follows. •

Section 1. Henry Rice, Samuel Whitwell, George 0. corporators.
Hovey, their associates and successors, are hereby made a

strictions, &c.

80 1858.— Chapter 103.

Name. corporatioii by the name of the Winthrop Mutual Fire

Location. lusurauce Company, to be established in the city of Boston,

Purpose. for the term of twenty-eight years, for the purpose of

insuring dwelling-houses and other buildings, and personal
Privileges, re- property, agaiust 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 acts now existing,
or which may hereafter be passed, relating to mutual fire
insurance companies.

Section 2. This act shall take effect from and after its
passage. Aj^proved March 26, 1858.

Chai). 103 ^^ ^^'^ ^^ ADDITION TO THE SEVERAL ACTS IN RELATION TO THE
^ ' POLICE COURT OF THE CITY OF NEW BEDFORD.

Be it enacted, Sfc, as follows :
Salary of stand- SECTION 1. Tlic standing justicc of the police court of
mg justice. ^|_^g ^^^y ^^ 'New Bcdford, shall receive an annual salary of
not less than twelve hundred dollars, the amount of which,
if above that sum, shall be established from time to time,
but not oftener than once in each year, by the concurrent
vote of the two branches of the city council of said city ;
and said salary shall be paid to him in quarterly payments,
out of the treasury of said city, and shall be in full for all
services which he is now or may hereafter be required or
authorized to perform as said justice.
Compensation of SECTION 2. Whcuever tlic Said police court shall be held
special justices. ^^ githcr of thc spccial justices thereof, the said special
justice shall receive in compeijsation for his services, the
sum of five dollars for each day he so holds said court, to
be paid in the manner by law provided for the payment of
the salary of the said standing justice ; and the amounts so
paid shall be deducted from the salary of the said standing
justice : and the fees which the special justices are now by
law entitled to receive, shall be received by the clerk of
said court, and accounted for and paid into the treasury of
the city of New Bedford, as now provided with regard to
other fees.
Fees to be paid SECTION 3. Neither the standing justice, nor either of
into city treas- ^^^^ spccial justiccs, uor the clerk of said court, in their
official capacities, or acting as justices of the peace, shall
receive to their own use any fees or compensation, for mak-
ing, receiving or issuing any complaint, warrant, subpoena
or o'ther criminal process ; but the fees wliich they are now
by law entitled to receive for such services, shall be collected
and received by the said clerk, and by him accounted for

1858.— Chapters 104, 105, 106. 81

and paid into the treasury of the city of New Bedford, with
the other fees in criminal cases ; and no fees shall hereafter
be allowed to any justice of the peace, for issuing warrants
or other criminal process, in case of offences committed in
said city ; but the same shall be accounted for and paid into
the treasury of said city.

Section 4. Neither of the said special justices shall be special justices

, • ^ IT 11, • i_ • not tobeof coun-

retanied or employed as counsel or attorney in any court, in sei.
any criminal prosecution, complaint or proceeding pending
in said police court, or which has been heard, tried or deter-
mined in said court.

Section 5. All acts and parts of acts, inconsistent with
this act, are hereby repealed.

Section 6. This act shall take effect on and after the

first day of April next. Approved March 26, 1858.

An Act concerning officers attending on the supreme judi- Chap. 104

CIAL court, in the COUNTY OF SUFFOLK. "

Be it enacted, ^"c, as follows :

Officers attending upon the supreme judicial court, in the compensation of
county of Suffolk, shall receive as compensation therefor, °*^''^"-
such sum as may be allowed by said court, not exceeding
three dollars per day : provided, that this act shall not apply
to any deputy of the sheriff of said county.

Approved March 26, 1858.

An Act to increase the capital stock of the pacific mills. Chap. 105
Be it enacted, Sj-c, asfolloios:

Section 1. The Pacific Mills are hereby authorized to Additional capi-
increase their capital stock, by adding thereto a sum not
exceeding one million dollars ; and to invest the same in
such real and personal estate, as may be necessary and con-
venient for the purposes for which they were incorporated.

Section 2. No stock shall be issued under this act for a no shares issued
less sum or amount, to be actually paid in on each, than the "° ^"^^^
par value of the original shares. Approved March 26, 1858.

An Act to provide for the preservation of books, reports and Chap. 106

LAWS, received BY CITIES AND TOWNS FROM THE COMMONWEALTH.

Be it enacted, ^c, as follows :

Section 1. It shall be the duty of the city government city and town
of the several cities, and of the selectmen of the several proviX Tabinet°
towns in this Commonwealth, to provide at the expense of ^°'
such cities and towns, some suitable cabinet o'r book-case,
for the safe preservation of such books, reports and laws, as
said cities and towns may receive from the Commonwealth.
11

82 1858.— Chapters 107, 108.

Penalty. SECTION 2. FoF Gverj moiitli that any city or town shall

neglect to fulfil the requirements of this act, it shall forfeit
and pay the sum of ten dollars, one-half of which penalty
shall be paid to the complainant, and one-half to the Com-
monwealth.

Section 3. This act shall go into effect on the first day
of July next. Approved March 26, 1858.

Chcq). 107

An Act in addition to " an act concerning the duties of

assessors."
Be it enacted, §"c., as follows:
Assessors to de- Wliencver the assessors of any city or town, shall, after

posit with clerk a ,. .,,. ,. in

list of persons as- haviug Committed their tax-list to the collector, assess any
tax to any person, under the provisions of the one hundred
and sixty-ninth chapter of the acts of the year eighteen
hundred and fifty-two, they shall, five days at least, before
any election, prepare and deposit with the clerk of sUch city
or town, a true list of all persons so assessed.

Approved March 26, 1858.

Chap. 108 -^^ -^^"^ ^^ ADDITION TO AN ACT TO PROVIDE FOR THE MAINTENANCE

OF THE ESSEX BRIDGE.

Be it enacted, §'c., as follows :

Beverly ^ttgiecl Section 1. lu casc tho city of Salem or the town of
to accept act re- Beverly, or either of them, or their officers mentioned in
tivrto ascerTaln^ Said act, sliall iieglcct or decline to accept the act to which
^'^' this is in addition, or to elect trustees as therein mentioned,

on or before the time provided for in the second section
thereof, the governor and council are hereby authorized and
directed to ascertain whether the said bridge is delivered up
in good repair to and for the use of this government, agree-
ably to the provisions of the act incorporating the proprie-
tors of said bridge ; and in case the same shall be found to
be so delivered up, then the treasurer and receiver-general,
is authorized to execute the instrument of release mentioned
in the first section of said act.
Governor to ap- SECTION 2. Ill casc of tlic iion-acccptance of the act to
point agent. ^hich this is ill additioii, and of the delivery of the bridge
in manner provided in the first section hereof, the governor,
by and with the consent of the council, shall immediately
on such delivery, appoint an agent, and determine his salary,
which shall in no case exceed twelve per centum of the gross
Duties of agent, procceds of tlic tolls hereafter mentioned ; and it shall be
the duty of ^aid agent, for and on behalf of the Common-
wealth, to take charge of, manage and repair said bridge,
collect the tolls thereon, manage the draw, and conduct the

1858.— Chapter 108. 83

affairs thereof in the same manner as the proprietors of said
bridge are now required by law to do. Said agent shall
give bonds to the satisfaction of the governor and council
for the faithful discharge of his duties.

Section 3. Tolls upon said bridge are hereby continued Rated of ton.
and established, until they shall be discontinued under the
provisions of this act, at and after the following rates, to
wit:

For each person and horse, three cents ;

For each chaise, or other pleasure carriage or sleigh,
drawn by one horse, six cents ;

For each coach, or other pleasure carriage or sleigh, or
carriage or sleigh for passengers, drawn by two horses, twelve
cents ;

For each additional horse, two cents ;

For each cart, wagon, sled or sleigh, or other carriage of
burden, drawn by not more than two horses or yokes of
cattle, five cents ;

For each cart, wagon, sled or sleigh, or other carriage of
burden, drawn by more than two horses or yokes of cattle,
eight cents ;

For horses or neat cattle, exclusive of those rode or in
carriages, two cents each ;

For sheep and swine, after the rate per dozen of six cents :

And said agent is hereby authorized to collect and receive
the same.

The said agent shall be, and he hereby is, authorized and Agent may issue
empowered to issue commutation passes, for not more tlian passes, &c.
three successive months, which shall permit the holders
thereof to pass and repass said bridge once each way daily,
upon prepayment of the tolls for said three months, at the
rate of two-thirds of the tolls herein established, or to pass
and repass said bridge any number of times greater than
once each way daily, at one-half the rates herein established,
upon the prepayment of the tolls for three months as afore-
said. The tolls aforesaid may be renewed in the case men-
tioned in the sixth section hereof.

Section 4. From the aforesaid tolls, the said agent shall Agent to disburse

1 . , n p ii • -J. from tolls all

disburse all sums necessary lor the repair, maintenance, sums for repairs,
improvement or construction of said bridge, in the same ^"^
manner as the proprietors of said bridge are now by law
required to do. He shall quarterly, on the first days of Agent to render
January, April, July and October, in each year, account for ry,'o°f"aiiexpensesi
all tolls received and all disbursements made by authority ^''•
of this act, and pay over to the treasurer and receiver-general
of the Commonwealth, the balance remaining in his hands ;

84 1858.— Chapters 109, 110.

and said accounts shall be subject to examination and

approval by the auditor of the Commonwealth.

Treasurer^to^re- SECTION 5. Tlic treasurer and receiver-general shall re-

from tolls, and ccivc tlic procccds of the tolls aforesaid, and shall pass the

fund' *° ''"'^^^ same to the credit of a fund to be denominated the Essex

Bridge Fund ; and the same shall be invested in the name of

such fund in good securities on interest, to which shall be

added from time to time, the interest accruing and paid

thereon.

when *° fund SECTION 6. Whcncver said Essex Bridge Fund shall

amounts to amouut to tlic sum of thirty thousand dollars, the tolls upon

' ' said bridge shall cease, and all necessary disbursements, as

is herein before provided, including the compensation of the

agent aforesaid, shall thereafter be paid from said fund ; and

if at any time the same shall be reduced to the sum of

twenty-five thousand dollars, then the tolls herein established

shall be again collected, until said fund shall amount to

thirty thousand dollars.

Section 7. All acts and parts of acts, inconsistent with
the provisions of this act, are hereby repealed.

Approved March 26, 1858.

Chap. 109 -^"^ -^CT CONCERNING THE WRIT OF CEKTIORARI.

Be it enacted, Sj-c, as follows :
Decree in writ of Whenever the proceedings of any tribunal shall be brought

certiorari. i « i • t • i i • n • • i

beiore the supreme judicial court )3y a writ ol certiorari, the
said court may quash or affirm such proceedings or enter such
judgment as the court below should have rendered, or make
such order, judgment or decree in the premises, as law and
justice shall require. Approved March 26, 1858.

Chan 110 ^^ "^^^ concerning the state industrial school for girls.

Be it enacted, Sfc, asfolloios :

Trustees to have SECTION 1. Tlic trustccs of tlic State Industrial School

power to bind out i, r^ •■•■,■,-, ■, i-i ii-i • -x

girls as appren- lor Girls shail liavc power to bind out all girls committed to
their charge, for any term of time during the period for
which they shall have been committed, as apprentices or
servants ; and the said trustees, and master or mistress,
apprentice or servant, shall respectively, have all the rights
and privileges, and be subject to all the duties, set forth in
the eightieth chapter of the Revised Statutes, in the same
manner as if said binding or apprenticing were made by
overseers of the poor.

Eepeai. SECTION 2. The fourteenth section of the act to establish

a State Reform School for Girls, being the four hundred

1858.— Chapters 111, 112, 113. 85

and forty-second chapter of the acts of eighteen hundred
and fifty-five, is hereby repealed.

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

passage. Approved March 26, 1858.

An Act to establish the salary of the district-attorney for Chap. Ill

THE MIDDLE DISTRICT.

Be it enacted, Sfc, as follows:

Section 1. The salary of the district-attorney for the ^^j^^^"'^^'
Middle District, so called, embracing the county of Worces-
ter, shall hereafter be thirteen hundred dollars ; to be paid
in the manner by law provided.

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

passage. Approved March 27, 1858.

An Act concerning the removal of prisoners in the public (Jfian 112

INSTITUTIONS OF THE CITY OF BOSTON. -* ' ^

Be it enacted, S,'c., as follows :

The board of directors for public institutions of the city Directors author-

n -rt 1 • • ji 1 n ,• i n '^^^ to transfer

01 -Boston, comprising the house oi correction, house ot prisoners from
industry, house of reformation and lunatic hospital, is hereby another!*"'""'' *°
authorized, at its discretion, to transfer from any one of the
said institutions, to any other of said institutions, any pris-
oner sentenced to either of the same : provided, the assent Proviso.
of the court or magistrate, that committed said prisoner,
shall first be obtained to such removal.

Approved March 27, 1858.

An Act authorizing THE city op boston to establish a city QJkxv)^ 113

hospital. •* '

Be it enacted, ^"c, asfolloios:

Section 1. The city of Boston is hereby authorized to Authorized to es-
erect, establish and maintain a hospital for the reception of * ^ °^^'
persons who by misfortune or poverty may require relief
during temporary sickness.

Section 2. The city council of said city shall have power Appointment of
to make such ordinances, rules and regulations, as they ° ''*"'
may deem expedient, for the appointment of trustees, and
all other necessary officers, agents and servants, for man-
aging the said hospital.

Section 3. Said hospital shall not be erected or located Location,
within three hundred feet of any school-house or church
now built.

Section 4. This act shall take effect from and after its
passage. Approved March 27, 1858.

86 1858.— Chapters 114, 115, 116.

Chap. 114 -^N -^CT IN ADDITION TO AN ACT TO PUNISH FRAUDS IN OFFICERS OF

CORPORATIONS.

Be it enacted., §t., as foUoivs :
Penalty for frau- ^j^^y officer, affeiit, clerk or servant of any corporation,

duleut issue or ii in. • i

transfer of bond, or anj othcr pcrsoii, who shall issue, or sign, or endorse
^^ ^' *'■ with intent to issue, any bond, note, bill or other obligation

or security, in the name of such corporation, beyond 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 bond, note, bill or other obliga-
tion or security, with intent to defraud, shall be punished
by imprisonment in the state prison for a term not exceeding
ten years, or in the house of correction not exceeding one
year. Approved March 27, 1858.

Chew 115 ^^ ^'^'^ REQUIRING CERTAIN ADDITIONAL BANK RETURNS.

Be it enacted^ §'c., as follows:
Annual returns SECTION 1. Ill tlic auiiual retums of banks now required
tNveen bills" over by law to bc madc to the secretary of the Commonwealth, a
and under $5. (;iistiiiction sliall bc madc between bills in circulation of five

dollars and upwards, and those of a smaller denomination,

showing the aggregate amount of each.
Tospecifyamount SECTION 2. Sucli rctums sliall hereafter also specify the
of balances be- g^^^^^j-^^ ^f balauccs, which any bank out of the city of

Boston, including the banks in South Boston, may have in
wi^sT any other bank at the time, when such return is made, to

be applied to the redemption of its bills, and not bearing

interest ; and the secretary of the Commonwealth is hereby

instructed to furnish blanks in conformity with the provisions

of this act.

Section 3. All acts and parts of acts inconsistent with

this act, are hereby repealed. Approved March 27, 1858.

Chan 116 -^^ -^•^^ concerning the officers of the PROTESTANT EPISCOPAL
-^* CHURCH.

Be it enacted, Sfc, as foUoivs :
Wardens and ves- Parislics and rcligious societies belonging to the body of
ers ^of^'stand^rg Christians known as the Protestant Episcopal Church, here-
committee, &c. tofoi'c Organized under the laws of this Commonwealth, or
which may hereafter be so organized, need not choose a
Duties of assess- staiidiug committec, but the wardens, or wardens and vestry
fornwd*\y^ war- may cxcrcise all the powers of a standing committee, in
dens, &c. accordance with the usage and discipline of said church ;

and, instead of a moderator, the rector, or one of the war-
dens, unless it may be otherwise provided by some by-laws,
may preside at their meetings, with all the powers of a

tween coun
banks for
demption of their

1858.— Chapters 117, 118, 119. 87

moderator ; and such societies need not choose a collector
or assessors unless they shall assess or collect a tax on the
polls, estates or pews, of the members thereof, and in any
case may, by by-laws, provide that the duties of the assessors
shall be performed by the wardens : provided^ hoivever, that Proviso,
the officers upon whom may devolve the duties of standing
committee or assessors, shall in all cases be chosen by ballot.

Approved March 27, 1858.

An Act concerning guardians and wards. Chap. 117

Be it enacted, ^'c, asfolloios:

Section 1. Whenever any minor, spendthrift, or insane By order of court
person, shall remove out of this Commonwealth, it shall be trTnsfer^property
lawful and competent for any guardian of such minor, fro^^thi7rtate°^
spendthrift, or insane person, appointed by any probate
court in this Commonwealth, to pay over and transfer the
whole or any part of his property to any guardian or trus-
tee, or to any person who may be appointed guardian or
trustee, by the competent authority in the state to which
the residence of his ward may have been removed, upon
such terms and in such manner as the supreme judicial
court, sitting in any county, upon bill or petition filed there-
for, shall order and decree.

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

passage. Approved March 27, 1858.

An Act to fix the salaries of the district-attorneys for the
northern, eastern and southern districts.

Chap, lis

Be it enacted, ^'c, as follows :

Section 1. The annual salaries of the district-attorneys salaries estab-
for the northern, eastern and southern districts, shall here- ^'*^'^'
after be fifteen hundred dollars each ; 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. Chapter two hundred and twenty-six of the Repeal,
acts of the year one thousand eight hundred and fifty-seven,
is hereby repealed.

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

passage. Approved March 27, 1858.

Chap. 119

An Act concerning the preferred claims of operatives

AGAINST insolvent DEBTORS AND CORPORATIONS.
Be it enacted, ^'c, asfolloios:

Section 1. Any person who shall have performed any claims of opera-
labor as an operative in the service of any insolvent person ^ "L preferred
or corporation, shall be entitled to prove as a preferred debt, ^f $'56.'° '^'^°"''*

88 1858.— Chapters 120, 121.

and to receive from the assignee of such insolvent, the full
amount of the wages due to him for such labor, not exceed-

ProTiso. ing fifty dollars : provided, that such labor shall have been

performed within one year next preceding the first publica-
tion of the notice of insolvency by the messenger ; and
provided, further, that this limitation to one year shall not
apply to any claim for labor, for the recovery of which, any
suit commenced within one year next after the performance
of such labor, shall be pending, or shall have been termi-
nated within one year.

fa°8es*°ento^ *° SECTION 2. This act shall take effect from and after its
passage, but shall not apply to any case in insolvency pend-
ing at the time the law takes effect. Approved March 27, 1858.

Chap. 120 -^ -A^CT IN RELATION TO THE COUKT OF COMMON PLEAS FOR THE

COUNTY OF WORCESTER.

Be it enacted, SjX., asfolloios:

howln^g'tJ'rmTof SECTION 1. Thc tcmi of the court of common pleas, now
court changed, by law to 1)6 lioldcu at Worcester, within and for the county
of Worcester, on the third Monday of June in each year,
shall hereafter be holden at Fitchburg in said county, on
the second Monday of June, annually ; and the term of said
court, now by law to be holden at said Worcester, on the
first Monday of December, in each year, shall hereafter be
holden at the same place, on the second Monday of Decem-
ber, annually ; and the term of said court now by law to
be holden at Fitchburg aforesaid, on the fourth Monday of
October, in each year, shall hereafter be holden at the same
place, on the second Monday of November, annually.
Repeal. Section 2. So much of the two hundred and ninety-

eighth chapter of the acts passed in the year eighteen hun-
dred and fifty-six, as requires that a term of the court of
common pleas shall be holden at Fitchburg, in and for the
county of Worcester, on the first Monday of February,
annually, is hereby repealed.

Section 3. This act shall take effect on the first day of

August next. Approved March 27, 1858.

Chan. 121 An Act concerning discharges in insolvency.

Be it enacted, &cc., as follows :
Debtor not ob- SECTION 1. Whcu auv insolvcnt debtor, whose discharge

taimng consent ii,-i ■> c -■, i-i ,• pi- t

of creditors nor shaii liavo Dcen rciused, at the third meetnig oi his creditors,
^^i,%xlyVeA\l for the sole reason that the requisite majority of his creditors
of ''^ourt'^ when ^^^"^ ^^^^ scasouably assented thereto, or for the reason that
such want of as- tlic iusolvcut had iiot takcii the oath required by the seventh
si'oned'^by a*cd- sectioii of tlic 0116 huudrcd and sixty-third chapter of the

deat, &c.

1858.— Chapters 122,123,124. 89

acts of the year eighteen hundred and thirty-eight, shall
satisfy the judge of insolvency on a hearing and after public
notice thereof, that such want of assent was occasioned by
accident or mistake, unaccompanied by any fault of the
insolvent ; or that such omission to take the oath was owing
to the inability of the insolvent to attend and take the same,
by reason of the sickness of the insolvent, the judge may,
in the exercise of his discretion, with the written assent of
three-fourths, in number and value, of the creditors, who
shall have proved their claims, grant a discharge to the
insolvent, at a subsequent meeting of the creditors, if the
insolvent shall then be present, take the oath aforesaid, and
abide and perform all lawful orders of the court in the
premises : provided, that such discharge shall not be granted Proviso.
unless the same shall be applied for within twelve months
after the date of the assignment.

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

passage. Approved March 27, 1858.

An Act in relation to special administrators. Chan. 122

Be it enacted^ (^'c, as follows:

Section 1. Whenever, by reason of a suit concerning J^^ge of probate
the proof of a will, or from any other cause, there shall be administrator to
a delay in granting letters testamentary, and a special admin- reiTest^'irof de-
istrator shall be appointed, the judge of probate for the cedent,
county in which such special administrator shall have been
appointed, may, in his discretion, authorize such admin-
istrator to take charge of the real estate, or of any part
thereof, of the decedent, and to collect the rents, make all
necessary repairs, and do all other things which the said
judge may deem needful for the preservation thereof, and as
a charge thereon.

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

passage. Approved Marcli 27, 1858.

An Act to change the name of the quincy fiee and marine Chan 123

INSURANCE COMPANY. ■* '

Be it enacted, §'c., as follows :

The Quincy Fire and Marine Insurance Company, shall Name changed.
hereafter be called and known by the name of the Chauncy
Fire and Marine Insurance Company.

Ajyproved March 27, 1858.

An Act to incorporate the Washington mills. Chat). 124

Be it enacted, Sf'c, as follows:

Section 1. George W. Lyman, Ignatius Sargent, William corporators.
Apple ton, Thomas G. Carey, Benjamin F. Butler, their

12

90

1858.— Chapters 125, 126.

Name.

Purpose.

Location.

Privileges, re-
strictions, &c.

Real estate
$1,500,000, whole
capital not to ex-
ceed S;2,000,000.

No shares issued
under par.

associates and successors, are hereby made a corporation by
the name of the Washington Mills, for tlie purpose of manu-
facturing cotton, woolen and mixed goods, in the city of
Lawrence ; and for that purpose shall have all the powers
and privileges, and be subject to all the duties, restrictions
and liabilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes, and in the two hundred
and seventy-sixth chapter of the acts of the year one thou-
sand eight hundred and fifty-seven.

Section 2. The said corporation may hold, for the pur-
poses aforesaid, real estate to the amount of fifteen hundred
thousand dollars, and the whole capital stock thereof shall
not exceed in amount two million dollars.

Section 3. No share 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
ioe first issu.ed.

Section 4. This act shall take effect from and after its

passage.

Approved March 27, 1858.

Chap. 125

Corporators.

Name.

Purpose.

Location.

Privileges, re-
strictions, &c.

Real and person-
al estate not to
exceed $5,000.

Chaj). 126

Corporators.
Name.

An Act to incorporate the linden grove cemetery associa-
tion.

Be it enacted, §'c., as follows:

Section 1. C. A. Church, Peleg W. Peckham, Jonathan
P. Gifford, their associates and successors, are hereby made
a corporation, by the name of the Linden Grove Cemetery
Association, for the purpose of establishing and perpetuating
a place for the burial of the dead, to be located in the town
of Westport, in the county of Bristol ; 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.

Section 2. Said corporation may hold real and personal
estate, necessary and convenient for the purposes aforesaid,
not exceeding in amovmt the sum of five thousand, dollars.

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

passage. Approved March 27, 1858.

An Act to incorporate the battery wharf company.

Be it enacted, Sfc, as follows:

Section 1. John Revere, Frederic W. Lincoln, Paul J.
Revere, their associates and successors, are hereby made a
corporation by the name of the Battery Wharf Company,
with power to purchase and hold in fee simple, the premises
and estate known as Battery Wharf, in Boston, in the county
of Suffolk, and the whole or parts of the land or flats sit-

1858.— Chapter 127. 91

uated and lying between the land of the Constitution Wharf Location.
Company, on the north side, Commercial Street, on the west
side, and the line of the street or way now leading to the
People's Ferry, and the continuation of said line to the com-
missioners' line on the south side ; with all the privileges privileges.
and appurtenances to the same belonging. And the said May construct
company may construct docks and wharves upon said prem- '^°'^^^' ^'''
ises, 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 it shall seem
expedient ; and may sell and convey the same, or any part
thereof: provided, that nothing herein contained shall author- Proviso,
ize the said company to infringe upon the legal rights of any
person, or to build any wharf or other structure not now
authorized by law on the premises.

Section 2. The capital of said company shall consist of capital $400,000.
eight hundred shares, of five hundred dollars each; and no no shares issued
shares shall be issued for a less sum or amount, to be actually ^"^erpar.
paid in on each, than the par value of the shares which shall
be first issued.

Section 3. Said company shall have power at any time Mayunitewitii
hereafter, with the consent of the Contitution Wharf Com- wharf co°'*
pany, to unite with the same, and to form therewith one
incorporated company, possessed of all the rights, powers
and property of wliich the two corporations may be possessed
at the time of the union, upon such terms and under
whichever of the aforesaid names the corporations may
adopt.

Section 4. Said corporation shall have all the powers and Privileges, ro-
privileges, and be subject to all the duties, restrictions and * "*^ '°°'''
liabilities, except as aforesaid, set forth in the forty-fourth
chapter of the Revised Statutes. Approved March 27, 1858.

An Act to incorporate the ward mills. Chap. 127

Be it enacted, S,x., as follows :

Section 1. Franklin H. Delano, Caleb Barstow, Warren corporators.
Delano, junior, their associates and successors, are hereby Name.
made a corporation by the name of the Ward Mills ; for the Purpose.
purpose of manufacturing cotton, woolen and silk cloth and
yarn, at Indian Orcliard, in Springfield, in the county of Location.
Hampden ; and for that purpose shall have all the powers Privileges, re-
and privileges, and be subject to all the duties, restrictions ^'"'=*'0'i^' ^o-
and liabilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes, and in the two hundred
and seventy-sixth chapter of the acts of the year one thou-
sand eight hundred and fifty-seven.

92 1858.— Chapter 128.

Reaiestate, SECTION 2. The said corporation may hold, for the pur-

' ' poses aforesaid, real estate to the amount of three hundred

Whole capital Dot ^nd fiftv tliousaud dollars, and the whole capital stock of

to exceed $600,- J . in n. -iti

000. said corporation shall not exceed m amount, six hundred

thousand dollars.

No shares^ issued SECTION 3. No sharcs iu tlic Capital stock of said corpo-
ration, 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. Approved March 27, 1858.

Chap. 128 ^ -'^CT TO INCORPORATE THE EAST DOUGLAS EVERGREEN CEMETERY

COMPANY.

Be it enacted^ ^'c, as folloios :

Corporators. SECTION 1. Moscs Kuapp, Otis W. Huut, WaiTcn Hunt,

Aaron M. Hill, Charles Hutchins, Albert Butler, Fenner
Batcheller, Asa Thayer, Leander B. Hunt, Anderson Hunt,
Edwin Moore, Joseph Hunt, Royal Keith, Jeremiah Batch-
eller, Joseph Batcheller, Dexter Whipple, Jeremiah B.
Luther, Coriden Prentice, Lysander P. Hunt and Charles
A. Hunt, their associates and successors, are hereby made a

Name. corporatiou, by the name of the East Douglas Evergreen

.^trlctiont''&c^' Cemetery Company ; and said corporation shall have all the
powers, and be subject to all the duties, resLrictions and
liabilities, set forth in the forty-fourth chapter of the Revised
Statutes, except as is otherwise provided in this act.

uteinTougiL^'" Section 2. The said corporation may take and hold by
purchase, or otherwise, in fee simple, for the purposes here-
inafter provided, so much real estate in the town of Douglas,
and may also take and hold so much personal property, as
may be necessary for the objects connected with and appro-
priate to the purposes of said corporation.

Purpose. Section 3. The said corporation shall take and hold the

real estate aforesaid, for a rural cemetery or burial ground,
and for the erection of tombs, cenotaphs or other monu-

Power, ments, for, or in memory of the dead ; and for this purpose,

shall have power to lay out the same in suitable lots, or
subdivisions, for family or other burying places ; to plant
and embellish the same with trees, shrubbery and other
rural ornaments ; to inclose and divide the same with suit-
able walls and fences ; and to construct and annex thereto
such suitable buildings, appendages and other conveniences,
as said corporation shall, from time to time, deem expedient.

^If^buriaT&c'^^*" Section 4. The said corporation shall have authority to
grant and convey to any person or persons, the sole and •
exclusive right of burial in any of the aforesaid lots or
subdivisions, and of erecting tombs and cenotaphs, and of

1858.— Chapter 129. 93

ornamenting any designated lot or subdivision, upon such
terms and conditions, and subject to such regulations, as
said corporation shall prescribe ; which riglit, so granted
and conveyed, shall be held for the purposes aforesaid, and
for no other.

Section 5. The real estate aforesaid shall be, and is Reai estate ex-
hereby declared exempted from all public taxes, so long as e^?^p^'e<i from tax-
the same shall remain dedicated to the purposes of a
cemetery.

Section 6. This act shall take effect from and after its

passage. Approved March 27, 1858.

An Act in addition to "an act establishing the city of Chap. 129

SALEM."

Be it. enacted, ifc, as follows :

Section 1. The present division of the city of Salem, Present division
into six wards, shall remain until otherwise authorized by
law, and four common councilmen shall be annually elected
in each ward ; and whenever it shall so happen that the Mode of election
whole number of common councilmen shall not be chosen at councumen" ^\n
the meeting or meetings now provided for ; or if such per- o^'t^QureTo'^erect
sons, or any of them, elected as common councilmen, shall wiioie number at
refuse to serve, they shall, if the common council to which °
they are elected is not then organized, communicate such
refusal in writing to the city clerk ; and the mayor and
aldermen shall thereupon, as soon as may be, issue a warrant
for a new election to fill the places of such persons refusing
to serve ; and if the common council, to which such persons
are elected, shall have been organized, such persons refusing
to serve, shall communicate their refusal in writing to the
president of the common council ; and the mayor and alder-
men, on being notified by the common council, of such
vacancy, shall thereupon, as soon as may be, issue a warrant
for a new election to fill such places ; and if an alderman
chosen at any election shall refuse to serve, he shall notify
the mayor and aldermen of such refusal, in writing, and
the mayor and aldermen shall thereupon, as soon as may be,
issue their warrant for a new election to fill the place of
such alderman refusing to serve.

Section 2. The school committee shall consist of twenty. Number and

Till! i>i KioJs of election

three of whom shall be elected by the legal voters oi each of school commit-
ward, in manner as follows: — At the next annual municipal
election, each ward shall elect three school committee men,
one of whom shall serve three years, one two years, and one
one year ; the time for which each one is to serve shall be
specified on the ballot, against the name of the person voted

94 1858.-— Chapter 130.

for at the first annual municipal election, after this act shall
Proviso. gQ jj-^to effect : provided, hoivever, if at any time it shall

appear, on counting the votes, that any two or more of the
committee shall be designated for the same term, then the
person having the highest number of votes for the office
shall be considered as elected for the longer term ; and in
each succeeding year, at the annual municipal election, each
ward shall elect one school committee man, who shall serve
three years ; and the ward clerk shall, within twenty-four
hours, deliver to each person so chosen a certificate of his
election, and shall forthwith deliver to the city clerk a cer-
tified copy of the record of the election ; and if it shall
happen that there is a failure of an election, or if the person
or persons so elected shall refuse to serve, such person or
persons refusing to serve shall communicate in writing his
refusal to the city clerk ; and the mayor and aldermen shall
thereupon, as soon as may be, issue a warrant for a new
election ; and if there shall be a vacancy in such committee
by reason of the death, resignation or removal from the
city, or otherwise, of any member of the school committee,
the mayor and aldermen shall thereupon issue their warrant
for an election, to be held in tlie ward where such vacancy
occurs, to fill the remainder of the time which such member
Mayor and presi- i^a(j ^q scrvc. Tlic uiavor and president of the common

dent ot council •iini i rr- •• n ^ 11

members ex offi- couucil sliail DC mcmuers ex ojjiciis 01 the school committee,
and the mayor shall be chairman of the board. Such school
committee shall have the same powers, and perform the same
duties as they now have, and perform by law.

Repeal. SECTION 3. All thc provisious of an act establishing the

city of Salem, and of the acts additional thereto, inconsist-
ent with the provisions of this act, are hereby repealed.

wiien to take ef- SECTION 4. This act shall take effect at the next annual
municipal election, after it shall have been accepted by
written votes by the inhabitants of said city, at a general
meeting called for that purpose, and shall have no effect
until it shall be so accepted. Approved March 27, 1858.

Chap. 130 -^^ ^^'^ '^^ PROTECT THE HERRING FISHERIES IN THE TOWN OF FAL-
•* ' MOUTH.

Be it enacted, §'f., an follows :

Seine fishery pro- SECTION 1. No pcrsou shall sct dowu or strctcli anv sciue

bibited from - i.,.,. i-ir>-ir. i

March to Sep- Or drag net ot any kind, within a hall mile irom the mouth

^" ^^' or outlet of any river or stream, running from any pond in

Falmouth into the sea or Vineyard Sound, between Nabsque

Point and Waquoit Harbor, from the twentieth day of March

to the twentieth day of September, inclusive, in each year.

ens

1858.— Chapter 131. 95

Section 2. Any person violating any of the provisions of penalty,
this act, shall be liable to a fine not exceeding one hundred
dollars for each offence.

Section 3. All fines and penalties for violating any pro- Fines, how recov-
vision of this act, with costs, may be sued for and recovered
in any court competent to try the same, on the complaint
of any inhabitant of said town of Falmouth ; one-half thereof
to accrue to the complainant, and the other half to the Com-
monwealth.

Section 4. All acts and parts of acts inconsistent with
this act, are hereby repealed. Approved March 27, 1858.

Chap. 131

authorized.

Ax Act making further appropriations to pay cert.

EXPENSES INCURRED IN PREVIOUS YEARS.
Be it enacted, S\'c., as follows:

Section 1. The sums hereinafter mentioned are appro- Appropriations
priated, and shall be allowed and paid out of the treasury
of the Commonwealth, from ordinary revenues, upon the
warrants of the governor, for the purposes specified, in
addition to the appropriations contained in chapter twenty-
four of the acts of the present year, to meet certain expenses
belonging to the year one thousand eight hundred and fifty-
seven, and previous years, that is to say :

For the support and relief of state paupers, otherwise than state paupers.
in the state almshouses and the hospital on Rainsford Island,
a sum not exceeding sixty-six thousand dollars.

To reimburse to county treasurers two-thirds of the costs county treasur-
of criminal prosecutions, in the manner prescribed by law, ^"'
a sum not exceeding one hundred and fifty thousand dollars.

For the expenses of coroners' inquests, a sum not exceed- coroners.
ing three hundred dollars.

For unpaid accounts for stationery and newspapers, a sum stationery, &c.
not exceeding three hundred and twenty-five dollars.

For the indemnification of officers, in accordance with the indemnification
provisions of chapter two hundred and seventy-one of the °
acts of the year one thousand eight hundred and fifty-five, a
sum not exceeding three hundred dollars.

For the expenses of the arrest of fugitives from justice, a Arrest of fugi-
sum not exceeding one hundred and seventy-five dollars. ^^^^'^

To liquidate the indebtedness of the Massachusetts state state prison
prison on the first day of January, one thousand eight
hundred and fifty-eight, including the renewal hereby of the
unexpended balance of the appropriation for the library,
twenty-one thousand one hundred and sixty-nine dollars and
four cents ; and the unexpended appropriations of former
years for the raising of the prison wall and the purchase of

17, 1857.

Harbor.

96 1858.— Chapter 132.

land are hereby cancelled, so far as regards the application
thereof to those purposes.

Pier at Rainsford For the expenditures incurred in the completion of the
pier at Rainsford Island, in conformity with a resolve passed
at the present session of the legislature, two thousand four
hundred and thirty-six dollars and five cents.

Celebration June YoT furtlicr payment of expenses of the celebration of the
seventh of June, one thousand eight hundred and fifty-
seven, a sum not exceeding one hundred and seven dollars
and seventy-five cents.

Survey of Boston For the final payment of the expenses incurred under the
authority of chapter thirty-four of the resolves of the year
one thousand eight hundred and forty-seven, relating to
the survey of Boston Harbor, in conformity with a resolve
passed at the present session of the legislature, one thousand
five hundred and ninety-seven dollars and twenty-five cents.

Hitchcock's Re- For the necessary expenses of printing Professor Hitch-

P°'*' cock's Report on the Sandstone of the Connecticut Valley,

in accordance with chapter eighty-three of the resolves of the
year one thousand eight hundred and fifty-seven, and a
further resolve passed the present year, a sum not exceeding
five thousand three hundred dollars.

New Plymouth To coiitiuue tlic printing of the New Plymouth Records,

Records. uudcr the direction of the secretary of the Commonwealth, a

sum not exceeding ten thousand dollars.

Public docu- For printing the public series of documents, a sum not

°'^"*^ exceeding three thousand seven hundred dollars.

state abnshouses For Unpaid expeiiscs of the state almshouses, a sum not
exceeding two thousand dollars.

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

passage. Approved March 27, 1858.

f-yi 1 QO -^ ■^^'^ DEFINING THE SALARY OF THE SUPERINTENDENT OF ALIEN

Kyliap. LOZ PASSENGERS.

Be it enacted, Sf'c, as folloios :

Salary estab- SECTION 1. Tlic salaiy of tlic Superintendent of alien
^^^'"^' passengers is hereby established at the sum of two thousand

dollars per annum, to be computed at that rate, from the
first day of January, in the year one thousand eight hundred
and fifty-eight ; said salary to be full compensation for all
services rendered to the Commonwealth, by said superin-
tendent, as alien commissioner or otherwise.

Section 2. This act shall take effect from and after its
passage. Apjyroved March 27, 1858.

1858.— Chapters 133, 134, 135. 97

An Act in relation to conveyances and devises of estates ChdV. 133

FOR religious PURPOSES. ■^'

Be it enacted, i^'c., a.f folhws :

Section 1. No grant, conveyance, bequest, devise or conveyance of es-
lease of au}^ real or personal estate consecrated, dedicated purpoTes^*to^'ve"t
or appropriated, or intended to be consecrated, dedicated or y\auia^^ '"xcept",
appropriated to the purposes or support of religious or pub- &c., unless, &c.
lie worship, for the use of any parish, congregation or
society, shall vest any right, title or interest in any person
or persons to whom such grant, conveyance, bequest, devise
or lease may be made, except as may be now provided for
by the statutes of this Commonwealth ; unless the same
shall be made to or for a parish, religious society or corpo-
ration, organized according to the provisions of the laws
of this Commonwealth, relating to parishes and religious
societies. But nothing herein contained shall prevent any
such parish, religious society or corporation, from conveying
such property on a bona fide sale thereof according to
law.

Section 2. Section second of the three hundred and
fourteenth chapter of the acts of the year eighteen hundred
and fifty-five, is hereby repealed. Approved March 27, 1858.

An Act fixing the salaries of the registers of the court of Chap. 134

INSOLVENCY FOR THE COUNTIES OF MIDDLESEX AND WORCESTER.

Be it enacted, Sfc, as folloics :

The register of the court of insolvency for the county of fi^jfed^^ ''^'*'''
Middlesex, and the register of the court of insolvency for
the county of Worcester, shall, for the current year of
eighteen hundred and fifty-eight, receive for their services
as registers, the sum of fourteen hundred dollars each, to
be paid in the manner, and at the times now by law provided.

Approved March 27, 18.58.

An Act relating to criminal .jurisdiction in boston harbor. Chap. 135

Be it enacted, ^"c, as folloics :

Section 1. The courts in the county of Suffolk shall, courts *" suiroik
concurrently with the courts of other counties, in which concurrent juris"
the territory hereinafter described is situated, have juris- coiirts' of other
diction of all crimes, offences and misdemeanors, which counties,
shall be hereafter committed on either of the islands, or
any of the waters, in Boston Harbor, which lie westerly of
a line drawn from Point Alderton to the eastern-most point
of the outer Brewster Island, and from thence to Short
Beach, at the line dividing the towns of North Chelsea

13

98

1858.— Chapter 136.

Court estab
lished.

Jurisdiction
Gloucester.

and Winthrop ; and all such crimes, offences and misde-
meanors may be prosecuted and punished in the courts in
the county of Suffolk, as fully and effectually, as they might
be prosecuted and punished therein, if the said islands
and waters were within the territorial limits of the county
of Suffolk.

Section 2. This act shall take effect from and after its
passage. Approved March 27, 1858.

Chan 136 -^^ -^^^ ^^ establish a police court in the town of GLOUCESTER.

Be it enacted^ ^c, as follows :

Section 1. A police court is hereby established in the
town of Gloucester, to consist of one competent and dis-
creet person as standing justice, to be appointed and com-
missioned by the governor pursuant to the constitution.

Section 2. Tiie said court shall have original and exclu-
sive jurisdiction, over all crimes, offences and misdemeanors
committed within said town of Gloucester, 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 Essex, whenever all the parties shall
reside in Gloucester, and service of the writ is had on the
defendant in said county. The said court shall have original
and concurrent jurisdiction with justices of the peace in
said county of Essex, over all crimes, offences and misde-
meanors, whereof justices of the peace within the county of
Essex, now or may have jurisdiction ; also, of all suits and
actions within the jurisdiction of any justice of the peace
within the county of Essex. Any justice of the peace within
said town of Gloucester, may receive complaint, and issue
a w"aiTant, for any crime, offence or misdemeanor committed
within said town ; but all such warrants shall be returnable
before said police court ; and no justice of the peace shall
be allowed any fees for any warrant issued for any crime,
offence or misdemeanor committed in said town.

Section 3. The jurisdiction of said police court shall not
limited by rea- be limited, by reason of any interest on the part of the jus-
' ' tices of said court, in the payment of fines, forfeitures or

costs, into the treasury of said town of Gloucester.

Section 4. An appeal shall be allowed from all judg-
ments of said police court, in like manner, and to the same
extent, as appeals are now or may hereafter be allowed by
law, from judgments by justices of the peace; and neither
the standing justice nor the special justice, shall be counsel
ill any court, for any party, in any cause which may at

Jurisdiction in
Essex county.

Jurisdiction not

Appeals.

1858.— Chapter 136. 99

any time have been or may be pending before said police
court.

Section 5. All fines and forfeitures, and all costs in Finea,forfeiture8,
criminal prosecutions, wliicli shall be received by or paid ^ounted^for. """
into the hands of the standing 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, except
as is hereinafter provided ; all costs not thus received shall
be made up, taxed and allowed, and shall be paid in like
manner as is provided by law, in like cases, in regard to
justices of the peace.

Section 6. The standing justice of said court shall retain compensation of
to his own use all fees by him received, or which now accrue ^''^°'^'°s justice.
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 tliis act : provided, that he shall, not Proviso.
retain for his services in criminal prosecutions, including
the issue of warrants in his official capacity, or as justice of
the peace, a sum exceeding six hundred dollars, annually ;
but shall, on or before the tenth day of January, annually,
account with and pay over to the county treasurer of said
county, all fines and forfeitures paid or received by him, and
the balance of criminal fees and costs in his hands, over and
above that sum.

Section 7. A court shall be held at some convenient court, how often
place in said town of Gloucester, to be provided at the '° ''^ ^®^'^'
expense of said standing justice, three times in each week,
and as much oftener as siiall be requisite, to take cognizance
of criminal cases, and once in each week, and oftener if
requisite, for the trial of civil causes. And said standing
justice shall have power to make all proper rules for the
due and orderly conduct of the business of said court.

Sections. The said justice shall keep a fair record of shaii keep record
all proceedings in said conrt, and shall make return to the and make return.
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 by the governor, by one special jus-
and with the consent of the conncil, 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 all
the powers of the standing justice, until such disability be
removed. The said special justice shall be paid for the compensation.

100 1858. — Chapter 137.

services by liim performed, out of the fees received in said
court, such sum as the standing justice would be entitled

Proviso to for the same -services : provided^ hov^ever, that the amount

received by both the standing and special justices, for ser-
vices in the criminal prosecutions in any one year, s'iiall not
exceed the sum of six h.undred dollars.

Peadiug suits. SECTION 10. All suits, actious and prosecutions, which

shall be pending within the town of Gloucester before any
justice of the peace, when this act shall take effect, and the
standing justice of the police court shall have been duly
appointed and qualified, shall be heard and determined as
tliough this act had not passed.

Appointment of SECTION 11. Thc govcnior 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 Gloucester, as
hereinafter mentioned.

Act to be accept- SECTION 12. Tliis act shall be void unless the inhabitants

ed by the town.

of the town of Gloucester, 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 Gloucester, in case of such
acceptance, to certify the fact to the governor of the Com-
monwealth. Approved March 27, 1858.

Chap. 137 An Act concerning the partition of real estate.

Be it enacted, Sfc, as follows:
Powers of jutigeg 'Y\\Q powcrs vestcd iu the iudges of probate, by the one

of DTOOcltG GX*

tended to cases huudred aud third chapter of the Revised Statutes, are
utl is (iTXed", hereby extended to cases in which any remainder or estate
noViaVing^al ^^ *^^' ^^^^J '^® dcviscd or limited to, or in trust for any person
time of appiica- or pcrsous uot in being at the time of application for parti-
tion for partition. ,.^ ,. -iji 1 , ■ o 1
tion, upon notice given to tlie parents, or parent it one only

be living, of such persons in thc manner prescribed by the
chapter aforesaid, setting forth the origin and nature of the
remainder or interest so devised or limited ; and it shall be
the duty of the judge, in taking jurisdiction under tliis act,
to appoint a suitable and competent person to appear and
act as the next friend of the persons, to whom, or in trust
for whom, any such remainder or interest is or shall be
devised or limited, in all proceedings touching such parti-
• tion, the cost of whose appearance and services, including

compensation of counsel, to be determined by the court,
shall be paid by the person or persons applying for such
partition : and the partition made in such case shall be con-
clusive upon all persons, to whom such estate or remainder

1858.— Chapter 138. 101

is devised or limited, in the same manner as if they had
been in being, and had appeared and answered in the case,
or assented to such partition. And execution for the costs
and services aforesaid may be issued in the name of such
person appointed to act as next friend against tlie applicants
for such partition. Approved March 27, 1858.

An Act to provide for the better administratiox of the Chan. 1 38

CRIMINAL LAW. ^ '

Be it enacted, ^"c, anfoUoivs :

Section 1. The governor, with the advice and consent Governor to de-
of the council, shall designate and commission a suitable mission justices.
number of the justices of the peace in the several counties,
to try criminal cases; and the justices of the peace so Powers, &c.
designated and commissioned, shall continue to have and
exercise, within their respective counties, all the powers,
authority and jurisdiction in criminal cases, and the exam-
ination, trial and punishment of offenders, that justices of
the peace now have : " and no justice of the peace not
designated and commissioned to try criminal cases as above
provided, shall hereafter have or exercise any power, author-
ity or jurisdiction in criminal cases, except to receive
complaints and issue warrants ; and all warrants issued by
any justice of the peace in criminal cases, shall be made
returnable before* some justice of the peace commissioned
to try criminal cases, or before some police court : and no fees
shall be allowed or paid for any complaint or warrant
received or issued by any justice of the peace not commis-
sioned as above provided.

Section 2. The number of justices of the peace, desig- Number of jus-
nated and commissioned to try criminal cases, as provided county."^
in the preceding section, shall not, at any one time, exceed,

For the county of Suffolk, one ;

For the county of Middlesex, thirty ;

For the county of Essex, nineteen ;

For tlie county of Worcester, twenty-six ;

For the county of Hampshire, eight ;

For the county of Hampden, eight f

For the county of Franklin, eight ;

For the county of Berkshire, nine ;

For the county of Norfolk, seventeen ;

For the county of Bristol, thirteen ;

For the county of Plymouth, fifteen ;

For the county of Barnstable, nine ;

For the county of Dukes county, two ;

For the county of Nantucket, two ;

102

1858.— Chapter 139.

Authority to
cease on chauge
of domicile.

Not to affect
pending cases.
&c.

When to take ef-
fect.

and shall be distributed as nearly as may be, as the con-
venience of the several counties may require : and if any
such justice, after having been so designated and commis-
sioned, shall change his domicile, his authority and jurisdic-
tion in the trial and examination of criminal cases, shall
thereupon cease, and some other justice of the peace ma}''
be designated and commissioned, to try criminal cases in
his place.

Section 3. Nothing in this act contained shall affect any
case or proceeding pending at the time it shall go into opera-
tion, or the jurisdiction of any police court, nor give juris-
diction to any justice of the peace of any offence committed
in any city or town wherein a police court is established.

Section 4. This act shall take effect from and after the
first day of July next ; but the governor shall have power,
by and with the advice and consent of the council, to desig-
nate and commission the justices of the peace to try criminal
cases, at any time after its passage. Approved March 27, 1858.

Chap. 139 An Act for the better preservation of sheep from the rav-
ages OF DOGS.
Be it enacted, A'c, as follows :

Section 1. The owner or owners of any dog or dogs
within the limits of any town or city within this Common-
wealth, are liereby required, on or before the first day of
May in each year, to cause such dogs to be registered and
numbered in the office of the clerk of the town or city
where such owner or owners reside. And it shall be the
duty of said clerk to register and number said dogs, and he
shall receive five cents for each dog so registered, to be paid
by the owner or owners of said dog or dogs. And in case
any such owner or owners shall refuse or neglect thus to
register and number such dog or dogs, it sliall be right and
lawful for any person to kill any such dog or dogs going at
large ; and it shall be the duty of any sheriff", deputy-sheriff
or constable residing in such town or city, to cause such
dog or dogs to be destroyed, whenever called upon so to do
by any legal voter in said town or city ; and said officer
shall receive from the treasury of said town or city the sum
of fifty cents for every dog so destroyed.

Section 2. It shall be tlie duty of the assessors of the

several towns and cities in this state, to cause all dogs to be

entered upon the assessment lists of persons owning such

dogs ; and all dogs shall be presumed to be owned by the

dogs occupier of the premises where such dogs are kept. And

Owners to regis-
ter dogs, &c.

Penalty.

Duty of assessors.

Registered
to wear collar

the owner or owners of all dogs so registered, and put upon

1858.-— Chapter 139. 103

the assessment list as aforesaid, shall cause the said dogs to

wear around their necks a collar, with the registered number

of said dog, and the owner's name, marked or engraved

thereon ; and any person killing or maiming said dog, with- Penalty for kui-

out justifiable cause, shall be liable for damages in an action '°°'

of tort, for the reasonable value of said dog.

Section 3. The owner or owners of all dogs shall pay owners to pay
an annual tax into the treasury of the town or city where ^'^""'^
such dogs are kept, to be collected with, and in the same
manner, as the ordinary town taxes, of one dollar for every
male dog, and five dollars for every female dog. And in Penalty.
case such tax is not paid on or before the first day of July,
in each year, the dog or dogs thus taxed, shall be liable to
be destroyed as provided in the first section of this act.

Section 4. All moneys collected by virtue of this act. Money thus coi-
and paid into the treasury of the towns and cities aforesaid, iute'^dorfumr'*"
shall be kept by the treasurers of such towns or cities, as a ^j^J'*'"''"" "^
separate fund to be known as the dog fund. And whenever
any person or persons residing in any town or city in this
Commonwealth, shall suffer loss by reason of the maiming
or killing of any sheep or lambs by any dog or dogs, the
selectmen of such town or the mayor of such city, shall,
upon satisfactory proof of the same, and of tlie value of the
sheep or lambs so maimed or killed, draw an order for the
amount of damage the owner shall have received, on the
treasurer of said town or city, payable from the said dog
fund ; and the said treasurer shall register all such orders
at the time of their presentation, and shall annually on the
first day of March, pay said orders in full, if the said fund
shall be sufficient for their full payment ; but if said fund
shall be insufficient to pay said orders in full it shall be
divided pro rata^ on all said orders, and in full discharge of
the same. And in case the said fund shall be more than
sufficient to pay said orders, the balance shall be divided
pro rata^ on the first day of March, annually, among the
persons of whom it shall have been collected.

Section 5. Whenever the selectmen of any town, or the Proceedings
mayor of any city, shall have drawn an order as provided in do|_
the fourth section of this act, it shall be the duty of said ^^^^'""^ ^^"'"'•^
selectmen or mayor, to institute an inquiry into the owner-
ship of such dog or dogs as may have committed the
maiming or killing aforesaid, and in their discretion to
commence a suit against the owner or owners of said dog or
dogs, if they can be ascertained, and are citizens of this
Commonwealth, for the amount of such order, unless such
owner or owners shall promptly pay to the treasurer of such

against owners of
s maiming or

104 1858.— Chapter 140.

town or city where such sheep or lambs were maimed or
killed, the amount of such order, and all reasonable charges
attending the same; and the selectmen of the town or mayor
of the city where the dog or dogs doing such damage are
owned, shall cause all dogs known and proved to have killed
any sheep or lambs as aforesaid, to be destroyed as provided

Proviso. ill the first section of this act : provided, however, that the

owner or owners of such dog or dogs may compound for the
life of said dog or dogs, on such terms as shall be agreed
iipon between the said owner or owners and the selectmen
of such town or the mayor of such city.

Penalty on pub- Section 6. Any mayor, selectman, sberiff, deputy-sheriff

lie officers refus- *i */ > > / v */

ing, &c. or constable, who shall refuse or neglect to perform any of

the duties imposed upon him by this act, shall, for every
such refusal or neglect, forfeit and pay the sum of five dol-
lars, which shall go to and become a part of the dog fund
of the city or town in which such officer resides.

Repeal. SECTION 7. All acts and parts of acts inconsistent with

the provisions of this act, are hereby repealed.

Act not to apply SECTION 8. Nothing in this act shall apply to any city in

acceptid^. ""^^^^^ this Commonwealth, unless the same shall have been accepted
by a vote of the city council of such city.

Section 9. This act shall take effect from and after its

passage. Apimwed March 27, 1858.

Chap. 140 -^ ^*-'^ MAKIXG FINAL APPROPRIATIONS FOR THE HOSPITAL FOR THE
■^' INSANE, AT NORTHAMPTON.

Be it etiacted, §'c., as follows :
Appropriations to Section 1. Thc sum of fifty-cight thousand dollars, or so

complete hospi- • \ \ • ^ A

tai. much tliereoi as may be necessary, is hereby appropriated

from the ordinary revenue, in lieu of any unpaid balances
of former appropriations, all of which balances are hereby
cancelled, to complete in all respects the construction and
equipment of the hospital for the insane at Northampton, to
be applied under the direction of the board of trustees of
said hospital, as follows :

To complete the construction of the hospital, in addition
to two hundred and forty-two thousand five hundred and
sixty-one dollars and eighty-two cents, heretofore paid by the
commissioners appointed under chapter four hundred and
fifty-four of the acts of the year one thousand eight hundred
and fifty-five, there is hereby appropriated a sum not exceed-
ing eleven thousand six hundred and ninety-six dollars.

To complete the furnishing and providing the hospital
for occupancy, including grading the grounds and making
all necessary preparations whatsoever for the reception of

1858.— Chapter Ul. 105

patients, in addition to fourteen thousand two hundred and
twenty-one dollars and ten cents, already expended, there is
hereby appropriated a sum not exceeding thirty-four thou-
sand six hundred and thirty-eight dollars and seventy-three
cents.

To provide a working capital to be used in the purchase
of provisions and other necessary articles of current con-
sumption, in anticipation of the receipts from patients, a
sum not exceeding ten thousand dollars.

To meet any contingencies that may arise during the
present year for which other appropriations may be insuffi-
cient, a sum not exceeding one thousand six hundred and
sixty-five dollars and twenty-seven cents.

Section 2. This act shall take effect from and after its
passage. Approved March 27, 1858.

An Act coxcerning the assignees of insolvents. ChciV 141

Be il enacted, Sfc, as follows:

Section 1. In all cases arising under the insolvent laws choice of assign-
of this Commonwealth, the choice of assignee or assignees provii'^of judged
made by the creditors, shall be subject to the approval of the ^''•
judge of insolvency ; and whenever, from any cause, it shall,
in his judgment, be needful or expedient, he may order a
new election, and may remove the assignees already chosen ;
or, he may add by his own appointment, one or more
assignees to those already chosen.

Section 2. No election of assignees shall be held except ^'^^ction of as-
at a regular meeting, or a meeting called for that purpose ; oaiy kt regular
nor until after all known creditors of the insolvent shall, in ™«®''°^^' *'"=■
such manner and by such person as the judge shall prescribe,
be notified thereof in writing.

Section 3. Any assignee may resign his trust, and may Resignation of
be discharged therefrom, if the judge shall accept his resig- j^^gg '^^ ^gter-
nation ; and any vacancy created in the office of assignee ^i?" manner of

' 'I ^ J _ o filling vacancy.

may be filled by election, or by appointment of the court, as
the judge shall determine : provided, that no resignation or Proviso
removal of any assignee shall, in any way, release him from
the duty of doing and performing all things requisite on his
part, for the proper closing up of his trust, and the trans-
mission thereof to liis successors ; nor shall tlie same in any
way affect the liability of the principal or any surety on tlie
official bond given by the assignee in the case.

Section 4. In case of any such removal or resignation, incaseofrcmov-
the judge of insolvency may pass all lawful orders he may signee,' judge to
deem expedient, to secure the proper fulfilment of the duties fi^mimenlTof du^
of the assignee so removed or resigned, under the circum- ^'"^^

14

106 1858.— Chapters 142, 143, 144.

stances of the case, and to secure the just rights and mterests
of all persons interested in the distribution of the assets of
the insolvent,
minister '°oath' SECTION 5. Tlic register of insolvency may administer all
except oath of oaths required in the course of proceedings before the court
of insolvency, except the oath contained in the seventh
section of the one hundred and sixty-third chapter of the
statutes of the year eighteen hundred and thirty-eight.

Approved March 27, 1858.

Chap. 142 -A.N Act concerning fees in certain cases in insolvency.

Be it enacted, Sfc, as follows :

Fees to be allowed Whcu, by rcasou of tlic death or disability of any com-
registersTi^ncasIs missioucr of iusolvcncy, the cases pending before him are
commMoners""" transferred to the court of insolvency, the judge and register
of said court shall be allowed, in addition to the salaries and
fees now fixed by law, the same fees for services performed
by them in such cases, as such commissioner and his clerk
would have been allowed by law for the same ; to be equally
divided between the judge and register.

Approved March 27, 1858.

Ghap. 143 An Act in relation to limited partnerships.

Be it enacted, Sj'c, as follows. •
Style of firm From and after the passage of this act, whenever in any
thiee """g^eneral limited partnership, the firm shall consist of more than three
partners. general partners, the names of all such general partners

shall not be required to be inserted in the style of the firm.

Approved March 27, 1858.

Chap. 144 An Act to protect the rights of stockholders in corpora-
tions.

Be it enacted, §'c., asfollotvs :

Treasurer to keep SECTION 1. The trcasurcr or casliicr, as the case may be,

ftccurfttc list of */ 7

stockholders, &c. of cvcry corporatiou, shall, at all times, keep an accurate
list of all its stockholders with the number of shares owned
by each stockholder, which list shall, at all times, upon
written application to such officer, by any stockholder in
such corporation, be exhibited for his inspection.
Penalty for re- SECTION 2. If any sucli officcr shall refuse, upon such
"""''' application, so to exhibit such list, he shall forfeit to the

use of the Commonwealth, for each offence, the sum of
fifty dollars, to be recovered upon complaint before any
magistrate or court of competent jurisdiction.

Approved March 27, 1858.

1858.— Chapters 145, 146, 147. ] 107

An Act in relation to school districts. Chan 145

Be it enacted, §"c., as follows:

Section 1. All sums of money expended by order of the Money expended
general school committee in repairing, enlarging, or in the schoorhoufes°1u
erection of new school-houses in any unorganized school "ri°tT'"'how IJs-
district, shall be assessed upon the inhabitants of such ^^^^ed'.
district.

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

passage. Approved March 27, 1858.

An Act to incorporate the pacific print works. Chap. 146

Be it enacted, Sfc, as follows :

Section 1. J. Huntington Wolcott, Abbott Lawrence corporators.
and Benjamin E. Bates, their associates and successors, are Name.
hereby made a corporation by the name of the Pacific Print
Works, for the purpose of manufacturing and printing Purpose.
worsted, woolen, silk and cotton goods, in the city of Location.
Lawrence, in the county of Essex ; and for these pur- Privileges, re-
poses shall have all the powers and privileges, and be stnotions, &c.
subject to all the duties, restrictions and liabilities, set
forth in the thirty-eighth and forty-fourth chapters of
the B,evised Statutes, and in the two hundred and seventy-
sixth chapter of the acts of the year eighteen hundred and
fifty-seven.

Section 2. The capital stock of said corporation shall capital $2,500,-
be twenty-five hundred thousand dollars, and it may hold Keai estate
real estate to the amount of twelve hundred and fifty thou- *i'250,ooo.
sand dollars.

Section 3. No shares in the capital stock of said corpo- no shares issued
ration 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. Approved March 27, 1858.

An Act to authorize edmund t. dana and others to construct Chap. 147

dams and dikes in CAMBRIDGE. "'

Be it enacted, §'c., as follows :

Section 1. Edmund T. Dana, Martha R. Allston, Sarah owners of marsh
A. Dana and Edmund T. Hastings, proprietors of marsh struct dik*es, "'fee'
lands in Cambridge, lying between the Main Street or cause- Boundary, &c.
way, on the north ; the south-eastern line of the location of
the Grand Junction Railroad and Depot Company, on the
south-east ; the upland denominated Pine Grove, on the
south ; and Brookline Street, on the west, are hereby
authorized to construct and maintain, for themselves, their

108 1858.— Chapter 148.

heirs and assigns, forever, dams or dikes extending from the
said upland to the said causeway, along the marshes, and
across the coves or creeks which intersect the same, so as to
exclude from said marshes the tide-waters of Charles River :

Proviso. provided, however, that no part of said dikes or dams shall

be built upon said location without the consent of the said

Provided, also, compauj, bj a vote of the directors thereof; and provided,
also, that proper sluiceways shall be made and forever
maintained for the drainage of all the lands so inclosed,
and that the main drains of the city of Cambridge, which
do, or shall intersect said marshes, shall be furnished with
suitable sluiceways, under the direction of the mayor and
aldermen of said city, and agreeably to the laws of this

Provided, further Commonwealth, conccming drains and sewers; and pro-
vided, moreover, that this grant shall in no wise impair the
legal rights of any person or corporation.

Act to be iuoper- SECTION 2. This act shall be inoperative unless such

ative, unless, &c. ^g^j-^g qj, dikcs bc coustructcd within two years from the
passage hereof.

Section 3. This act shall take effect from and after its
passage. Approved March 27, 1858.

Chan. 148 -^ ^^^ making appropriations to meet certain expenditures
"' authorized the present year.

Be it enacted, ^c, as follows:

Appropriations SECTION 1, Tlic sums hereinafter mentioned are appro-
priated, and shall be allowed and paid out of the treasury
of this Commonwealth, from the ordinary revenue, upon the
warrants of the governor, for the purposes specified in certain
resolves for the present year herein cited, as follows :

School for Idiotic 111 tlic rcsolvc iu favor of the Massachusetts School for

edYouth^" "^ ' Idiotic and Feeble-Minded Youth, in addition to the sum
appropriated in chapter eleven of the acts of the present
year, two thousand five hundred dollars ;

Charitable Eye In thc rcsolvc iu favor of the Massachusetts Charitable Eye

ary. ^^' and Ear Infirmary, two thousand five hundred dollars ;

Suppression of In tlic rcsolvc granting aid for the suppression of counter-
eiting. fgj^jjjg bank bills and coin, one thousand five hundred
dollars ;

?uiufre°^ -^e"- In the resolve in favor of the State Board of Agriculture,
four thousand dollars ;

Darius a. Martin. jj^ i\^q resolvc ou the petition of Darius A. Martin, a sum
not exceeding one hundred dollars ;

wmiamH. Eia. In the resolve in favor of William H. Ela, three thousand,
five hundred dollars :

1858.— Chapter 149.

109

In the resolve in favor of Albert H. Nelson, late chief
justice of the superior court of the county of Suffolk, one
thousand seven hundred and thirty-four dollars ;

In the resolve in relation to the State Industrial School
for Girls, four hundred dollars ;

In the resolve on the petition of Alfred Flanders, one
hundred and fifty-four dollars and seventy-three cents ;

In the resolve on the petition of William L. Bemis, fifty
dollars ;

In the resolve on the petition of John McGrath, two
hundred and fifty dollars ;

In the resolve on the petition of John Rhodes, a sum not
exceeding one hundred and fifty-two dollars and fifty-eight
cents ;

In the resolve in aid of the erection of a fence around
Fort Washington, two thousand dollars ;

In the resolve for the appointment of a joint special
committee on public charitable institutions, a sum not
exceeding nine hundred dollars ;

In the resolve in favor of Allen Cummings, ninety-four
dollars ;

In the resolve in favor of Horace I. Hodges, two hundred
and twenty-five dollars.

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

passage. Approved March 27, 1858.

Albert H. Nelson.

Industrial School •
for Girls.

Alfred Flanders.
AVilliam L. Bemis
John McGrath.
John Rhodes.

Fence round Fort
Washington.

Committee on
public charitable
institutions.

AUen Cummings.
Horace I. Hodges

An Act to apportion and assess a state tax of three hundred (Jh/jrv) 1 49

AND FIFTY-NINE THOUSAND NINE HUNDRED AND EIGHTY-EIGHT "'

DOLLARS.

Be it enacted, §"c., as follows :

Section 1. Each city and town in this Commonwealth citf/^aid towns
shall be assessed and pay the several sums with which they
stand respectively charged in the following schedule ; that
is to say :

SUFFOLK COUNTY.

Boston, . . .
Chelsea, . . .
North Chelsea, .

One hundred eighteen thousand four
hundred twenty-nine dollars, . . .

Two thousand one hundred seventeen
dollars,

Four hundred sixty-four dollars, . . .

$118,429 00

2,117 00
464 00

$121,010 00

no

1858.— Chapter 149.

ESSEX COUNTY.

Ajnesbury,

Andover, .

Beverly, .

Boxford, . .

Bradford, . .

Danvers, . .

Essex, . .

Georgetown,

Gloucester,

Groveland,

Hamilton, .

Haverhill, .

Ipswich, . .

Lawrence,

Lynn, . .

Lynnfield,

Manchester,

Marblehead,

Methuen, .

Middleton,

Newbury, .

Newburyport

Rockport, .

Rowley, .

Salem, . .

Salisbury, .

Saugus,

Six hundred eighty-eight dollars, . .

One thousand nine hundred thirty-
three dollars,

One thousand three hundred eighty-six
dollars,

Three hundred thirty-five dollai's,

Two hundred forty-five dollars, .

Two thousand ninety-nine dollars.

Four hundred three dollars, . .

Four hundred seventy-two dollars.

One thousand five hundred ninety-one

dollars,

Two hundred seventy doUars, . . .

Two hundred seventy-seven dollars, .

One thousand four hundred fifly-eight

dollars,

Six hundred eighty-eight dollars, . .

Three thousand five hundred sixty-eight
dollars,

Two thousand seven hundred eighty-
three dollars,

Two hundred tAventy-three dollars, . .

Three hundred thirty-eight dollars, . .

One thousand three hundred twenty-
five dollars,

Six hundred seventy-three dollars, . .

One hundred ninety-eight dollars, . .

Four hundred fourteen dollars, . . .

Three thousand three hundred forty-
four dollars,

Four hundred ninety-seven dollars, .

Two hundred ninety-two dollars, . .

Seven thousand nine hundred ninety-
nine dollars,

Six hundred sixty-six dollars, . . .

Three hundred twenty-eight dollars, .

.$688 00

1,933 00

1,386 00
335 00

245 00

2,099 00

403 00

472 00

1,591 00
270 00

277 00

1,458 00
688 00

3,568 00

2,783 00
223 00

338 00

1,325 00
673 00

198 00

414 00

3,344 00
497 00

292 00

7,999 00
666 00

328 00

1858.— Chapter 149.

ESSEX COUNTY— Continued.

Ill

Topsfield, . . .
Wenham, . . .

West Newbury, .

Acton, .

Ashby, .

Ashland,

Bedford,

Billerica,

Boxborougli,

Brighton, .

Burlington,

Cambridge,

Carlisle, .

Charlestown, .

Chelmsford,

Concord, .

Dracut,

Dunstable,

Framlngham,

Groton,

Holliston, .

Hopkinton,

Lexington,

Lincoln, .

Three hundred two dollars, . .
Two hundred forty-eight dollars.
Three hundred eighty-two dollars,

MIDDLESEX COUNTY.

Three hundred sixty dollars, . . .

Three hundred sixty-six dollars, . .

Two hundred eighty-one dollars, .

Two hundred thirty dollars, . . .

Five hundred twenty-nine dollars, .

One hundred forty-eight dollars, .

Nine hundred seventy-nine dollars, .

One hundred eighty dollars, . . .

Six thousand two hundred twenty-eight

dollars,

Two hundred five dollars, ....

Five thousand two hundred seventy

dollars,

Six hundred five dollars, ....

Seven hundred seventy dollars, . .

Four hundred fifty dollars, . . .

Two hundred and twenty dollars, .

One thousand one hundred eighty-one

dollars,

Eight hundred sixty-four dollars, .

Five hundred fifty-four dollars, . .

Six hundred sixteen doUars, . . .

Seven hundred thirteen dollars, . .

Two hundred eighty-eight dollars, .

$302 00
248 00
382 00

$35,425 00

$360 00
366 00
281 00
230 00
529 00
148 00
979 00
180 00

6,228 00
205 00

5,270 00
605 00

770 00

450 00

220 00

1,181 00
864 00

554 00

616 00

713 00

288 00

112

1858.— Chapter 149.

MIDDLESEX COUNTY— Continued.

Littleton, .

Lowell,

Maiden, .

Marlborough,

Medford, .

Melrose, .

Natick,

Newton, .

Pepperell,

Reading, .

Sherborn,.

Shirley, .

Somerville,

S. Reading,

Stoneham,

Stow, . .

Sudbury, .

Tewksbury,

Townsend,

Tyngsborough,

Waltbam, .

Watei'town,

Wayland, .

W. Cambridge, .

Westford, .

Weston, .

Wilmington,

Two hundred ninety-five dollars, . .

Ten thousand three hundred twenty-
five dollars,

One thousand eighty dollars, ....

Seven hundred seventy dollars, .

One thousand four hundred fifty-eight

dollars,

Three hundred twenty-four dollars, .

Six hundred thirty-seven dollars, . .

One thousand nine hundred four dol-
lars,

Four hundred seventy-nine dollars,

Seven hundred twenty-seven dollars.

Three hundred twenty-four dollars.

Three hundred fifty-six dollars, .

One thousand two hundred thirty-eight

dollars,

Five hundred eleven dollars, . .

Three hundred sixty-seven dollars,

Three hundred ninety-two dollars,

Five hundred sixty-two dollars, .

Three hundred eighty-two dollars,

Five hundred forty dollars, . .

Two hundred ninety-five dollars.

One thousand six hundred seventy dol-
lars,

One thousand three hundred seventy
five dollars,

Three hundred ten dollars, . .

Nine hundred ninety dollars, . . .
Four hundred ninety-seven dollars.
Four hundred thirty-two dollars, .
Two hundred fifty-six dollars, . .

1858.— Chapter 149.

MIDDLESEX COUNTY— Continued.

lis

Winchester, . .

Four hundred ten dollars,

$410 00

"Woburn, . . .

One thousand two hundred six dollars.

1,206 00

151,149 00

WORCESTER COUNTY.

Ashburnhain,

Four hundred fifty dollars,

$450 00

Atbol, ....

Four hundred thirty-nine dollars, . .

439 00

Auburn, . . .

Two hundred fifty-nine dollars, . . .

259 00

Barre, ....

Eight hundred eighty-nine dollars, . .

889 00

Berlin, . . .

One hundred eighty-four dollars, . .

184 00

Blackstone, . .
Bolton, . . .

One thousand one hundred twenty-
three dollars, ' .

Three hundred thirty-five dollars, . .

1,123 00
335 00

Boylston, . . .

Two hundred eighty-one dollars, . .

281 00

Brookfield, . .

Four hundred eighteen dollars, . . .

418 00

Charlton, . . .

Five hundred ninety-eight doUars, . .

598 00

Clinton, . . .

Five hundred ninety doUars, ....

590 00

Dana, ....

One hundred fifty-one dollars, . . .

151 00

Douglas, . . .

Four hundred fifty-four dollars, . . .

454 00

Dudley, . . .

Four hundred ten dollars,

410 00

Fitchburg, . .

One thousand three hundred fourteen
dollars,

1,314 00
371 00

Gardner, . . .

Three hundred seventy-one dollars, .

Grafton, . . .

Eight hundred ninety-six dollars, . .

896 00

Hard wick, . .

Five hundred eleven dollars, ....

511 00

Harvard, . . .

Four hundred seventy -five dollars, . .

475 00

Holden, . . .

Five hundred dollars,

500 00

Hubbardston,

Four hundred twenty-five dollars, . .

425 00

Lancaster, . .

Four hundred twenty-five dollars, . .

425 00

15

114

1858.— Chapter 149.

WORCESTER COUNTY— Continued.

Lftioester, . . .

Seven hundred fifty-two doUars, . . .

$752 00

Leominster, . .

Eight hundred fourteen dollars, . . .

814 00

Lunenburg, . .

Three hundred ninety-six dollars, . .

396 00

Mendon, . . .

Four hundred twenty-one dollars, . .

421 00

Milford, . . .

Eight hundred seventy-five doUars, . .

875 00

Mlllbury, . . .

Six hundred fifty-nine dollars, . , .

659 00

New Braintree, .

Three hundred twenty-eight dollars, .

328 00

North Brookfield,

Four hundred forty-three dollars, . .

443 00

Northborough, .

Four hundred three dollars, ....

403 00

Northbridge, . .

Four hundred thirty-nine dollars, . .

439 00

Oakham, . . .

Two hundred seventy dollars, . . .

270 00

Oxford, . . .

Six hundred twenty-three dollars, . .

623 00

Paxtoa, . . .

One hundred ninety-eight dollars, . .

198 00

Petersham, . .

Four hundred ninety-three dollars, . .

493 00

Phillipston, . .

Two hundred thirty-eight dollars, . .

238 00

Princeton, . .

Three hundred eighty-nine dollars, . .

389 00

Royalston, . .

Four hundred seventy-five dollars, . .

475 00

Rutland, . . .

Three hundred thirty-one dollars, . .

331 00

Shrewsbury, . .

Five hundred four dollars,

504 00

Southborough, .

Three hundred eighty-five dollars, . .

385 00

Southbridge, . .

Seven hundred twenty dollars, . . .

720 00

Spencer, . . .

Five hundred forty-seven dollars, . .

547 00

Sterling, . . .

Five hundred four dollars, ....

504 00

Sturbridge, . .

Five hundred forty dollars, ....

540 00

Sutton, . . .

Six hundred thirty-four dollars, . . .

634 00

Templeton, . .

Five hundred sixty-nine dollars, . .

569 00

Upton, ....

Four hundred fourteen dollars, . . .

414 00

1858.— Chapter 149.

WORCESTER COUNTY— Continued.

115

Uxbridge, . .
Warren, . . .
Webster, . . .
West Boylston, .
West Brookfield,
Westborougti, •
Westminster,
Winchendon,
Worcester, . .

Amherst, . .
Belchertown,
Chesterfield, .
Cummington,
Easthampton,
Enfield, .
Goshen, .
Granby, .
Greenwich,
Hadley, .
Hatfield, .
Huntington,
Middlefield,
Northampton,

Seven hundred thirteen dollars, . .
Four hundred thirty-nine dollars, .
Five hundred twenty-six dollars,
Three hundred fifty-six dollars, . .
Three hundred forty-two dollars.
Five hundred four dollars, . . .
Four hundred eighty-two dollars.
Six hundred eight dollars, ....

Six thousand seven hundred twenty-
five dollars,

HAMPSHIRE COUNTY.

Seven hundred forty-five dollars,

Five hundred fifty-eight dollars, . .

Two hundred forty-nine dollars.

Two hundred fifty-two dollars, . .

Two hundred seventy-four dollars, .

Two hundred eighty-four dollars.

One hundred nineteen dollars, . .

Two hundred fifty-six dollars, . .

One hundred fifty-eight dollars, . .

Five hundred sixty-nine dollars,

Four hundred twenty-eight dollars.

One hundred sixty-two dollars, . .

One hundred ninety-four dollars, .

One thousand five hundred seventy
seven dollars,

$713 00
439 00
526 00
356 00
342 00
504 00
482 00
608 00

6,725 00

$35,557 00

$745 00
558 00
249 00
252 00
274 00
284 00
119 00^
256 00
158 00
569 00
428 00
162 00
194 00

1,577 00

116

1858.— Chapter 149.
HAMPSHIRE COUNTY— Continued

Pelham, . . .

Plainfield, . .

Prescott, . . .

South Hadley, .

Southampton, .

Ware, . . . .

Westhampton, .

Williamsburg, .
Worthington,

One hundred fifty-five dollars, .
One hundred eighty-seven dollars,
One hundred sixty-two dollars, .
Four hundred fifty-four dollars, .
Two hundred fifty-six dollars,
Seven hundred forty-nine dollars.
One hundred forty-eight dollars.
Four hundred eighteen dollars, .
Two hundred eighty-four dollars,

^155 00
187 00
162 00
454 00
256 00
749 00
148 00
418 00
284 00

3,638 00

HAMPDEN COUNTY.

Blandford, . .

Three hundred forty-six dollars, . . .

I$346 00

Brimfield, . . .

Four hundred twenty-five dollars, . .

425 00

Chester, . . .

Two hundred ninety-five dollars, . .

295 00

Chicopee, . . .

Two thousand one hundred sixty-four
dollars,

2,164 00

Granville, . .

Two hundred sixty-three dollars, . .

263 00

Holland, . . .

Ninety-four dollars,

94 00

Holyoke, . . .

One thousand one hundred fifty-nine
dollars,

1,159 00

Longmeadow, .

Five hundred eight dollars, ....

508 00

Ludlow, . . .

Two hundred ninety-five dollars, . .

295 00

Monson, . . .

Five hundred ninety-four dollars, . .

594 00

Montgomery,

One hundred four dollars,

104 00

Palmer, . . .

Seven hundred ninety-nine dollars.

799 00

Russell, . . .

One hundred fifteen dollars, ....

115 00

Southwick, . .

Three hundred thirty-five dollars, . .

335 00

Springfield, . .

Three thousand nine hundred ninety-
two dollars,

3,992 00

1858.— Chapter 149.

HAMPDEN COUNTY— Continued.

117

Tolland, . . .

One hundred thirty-three dollars, . .

$133 00

Wales, ....

One hundred forty-four dollars, . . .

144 00

W. Springfield, .

One thousand eight dollars, ....

1,008 00

Westfield, . .

One thousand eighteen dollars, . . .

1,018 00

Wilbraham, . .

Five hundred seventy-six dollars, . .

576 00

$14,367 00

Ashfield, .

Bernardston,

Buckland,

Charlemont,

Colrain,

Conway,

Deerfield,

Erving,

Gill, .

Greenfield,

Hawley,

Heath, .

Leverett,

Ley den,

Monroe,

Montague,

New Salem,

Northfield,

Orange, .

FRANKLIN COUNTY.

Three hundred forty-six dollars, .
Two hundred forty-one dollars, .
One hundred sixty-nine dollars, .
Two hundred forty-five dollars, .
Four hundred eighteen dollars, .
Four hundred forty -three dollars.
Six hundred forty-eight dollars, .
One hundred eight dollars, . .
One hundred eighty-four dollars.
Six hundred eighty-four dollars, .
One hundred eighty-four dollars.
One hundred seventy-three dollars,
One hundred eighty-four dollars,
One hundred thirty-three dollars,

Forty-three dollars,

Three hundred two dollars, . .
Two hundred seventy-four dollars.
Four hundred sixty-eight dollars.
Four hundred forty-three dollars.

$346 00
241 00
169 00
245 00
418 00
443 00
648 00
108 00
184 00
684 00
184 00
173 00
184 00
133 00
43 00
302 00
274 00
468 00
443 00

118

1858.— Chapter 149.

FRANKLIN COUNTY— Continued.

Rowe, ....

One hundred forty-four dollars, . . .

$144 00

Shelburne, . .

Three hundred two dollars, ....

302 00

Shutesbury, . .

One hundred sixty-nine dollars, . . .

169 00

Sunderland, . .

Two hundred five dollars,

205 00

Warwick, . . .

Two hundred eighty-eight dollars, . .

288 00

Wendell, . . .

Two hundred fifty-two dollars, . . .

252 00

Whately, . . .

Two hundred eighty-eight dollars, . .

288 00

gi!7,338 00

BERKSHIRE COUNTY.

Adams, . .
Alford, . . .
Becket, . .
Cheshire, . .
Clarksburg, .
Dal ton, . .
Egremont,
Florida, . .
Great Barrington ,
Hancock, . .
Hinsdale, . .
Lanesborough
Lee, . . .
Lenox, . .
Monterey,
Mt. Washington,
New Ashford, .

One thousand one hundred sixty-three

dollars,

One hundred forty dollars, . . .

Two hundred twenty-seven dollars,
Three hundred thirty-eight dollars.

Sixty-seven dollars,

Two hundred eighty-four dollars.
Two hundred ninety-two dollars,
One hundred one dollars, . . .
Eight hundred twenty-eight dollars.
Two hundred twenty-three dollars, .
Two hundred sixty-six dollars, . .
Three hundred twenty-eight dollars,
Six hundred fifty-five dollars.
Three hundred forty-two dollars.
One hundred fifty-one dollars, .

Sixty-five dollars,

Sixty-one dollars,

L,163 00
140 00

227 00

338 00

67 00

284 00

292 00

101 00

828 00

223 00

266 00

328 00

655 00

342 00

151 00

65 00

61 00

1858.— Chapter 149.

BERKSHIRE COUNTY— Continued

119

New Marlboro',
Otis, . .
Peru, . .
Pittsfield, .
Richmond,
Sandisfield,
Savoy, . .
Sheffield, .
Stockbridge,
Tyringhain,
Washington,
W. Stockbridge
Williamstown,
Windsor, . .

Three hundred forty-nine dollars, .

Two hundred twenty-nine dollars, .

One hundred thirty dollars, . . .

One thousand six hundred seventy

dollars,

Two hundred thirty-eight dollars.

Three hundred twenty dollars, .

One hundred thirty-seven dollars.

Seven hundred two dollars, . .

Four hundred sixty-four dollars,

One hundred sixty-two dollars.

One hundred sixty-two dollars,

Three hundred seventy dollars.

Six hundred nineteen dollars.

Two hundred two dollars, . .

BelUngham,
Braintree,
Brookline,
Canton, .
Cohasset, .
Dedham, .
Dorchester,
Dover, . .
Foxborough, ,
Franklin, ,

NORFOLK COUNTY.

Three hundred thirty dollars, . . .

Six hundred eighty-eight dollars, . .

Two thousand nine hundred ninety-two

dollars,

Eight hundred thirty-nine dollars, . .

Four hundred seventy-two dollars, . .

One thousand eight hundred four
dollars,

Three thousand nine hundred forty-two
dollars,

One hundred ninety-one dollars, . .

Four hundred twenty-five dollars, . .
Four hundred eighteen dollars, . . .

^349 00
229 00
130 00

1,670 00
238 00

320 00

137 00

702 00

464 00

162 00

162 00

370 00

619 00

202 00

111,285 00

1330 00
688 00

2,992 00
839 00

472 00

1,804 00

3,942 00
191 00

425 00

418 00

120

1858.— Chapter 149.

NORFOLK COUNTY— Continued.

Medfield, .
Medway, .
Milton, .
Needham,
Quincy, .
Randolph,
Roxbury, .
Sharon, .
Stoughton,
Walpole, .
Weymouth,
Wrentham,

Two hundred eighty-eight dollars, . .

Five hundred ninety-four doUai's, . .

One thousand nineteen dollars, . . .

Five hundred twenty-two dollars, . .

One thousand three hundred forty-four
dollars,

One thousand one hundred twenty-three
dollars,

Seven thousand nine hundred thirty-
four dollars,

Three hundred forty-nine dollars, . .

Seven hundred forty-nine dollars, . .

Five hundred eight dollars, ....

One thousand one hundred twenty-
seven dollars,

Seven hundred twenty dollars, . . .

$288 00
594 00

1,019 00
522 00

1,344 00

1,123 00

7,934 00
349 00

749 00

508 00

1,127 00
720 00

$28,378 00

BRISTOL COUNTY.

Attleborough, .

Seven hundred thirty-four dollars, . .

$734 00

Berkley, . . .

One hundred eighty dollars, ....

180 00

Dartmouth, . .
Dighton, . . .

One thousand three hundred eighty-six

dollars,

Three hundred forty-six dollars, . . .

1,386 00
346 00

Easton, . . .

Four hundred eighty-two dollars, . .

482 00

Fairhaven, . .

One thousand nine hundred one dollars.

1,901 00

Fall River, . .

Three thousand seven hundred forty

3,740 00

Freetown, . .

Three hundred sixty-four dollars, . .

364 00

Mansfield, . .

Two hundred eighty-one dollars, . .

281 00

New Bedford, .

Eight thousand three hundred thirty-

8,334 00

Norton, . . .

Four hundred sixty-one dollars, . . .

461 00

Pawtucket, . .

Six hundred forty-four dollars, . . .

644 00

1858.— Chapter 149.
BRISTOL COUNTY— Continued.

121

Raynliam, . .

Three hundred thirty-one dollars, . .

^331 00

Relioboth, . .

Four hundred fifty-seven dollars, . .

457 00

Seekonk, . . .

Four hundred fifty-seven dollars, . .

457 00

Somerset, . . .

Two hundred ninety-five dollars, . .

295 00

Swanzey, . . .

Three hundred forty-two dollars, . .

342 00

Taunton, . . .

Two thousand four hundred sixteen
dollars,

2,416 00
900 00

AVestport, . . .

Nine hundred dollars,

$24,051 00

PLYMOUTH COUNTY.

Abington, . . .

One thousand forty dollars, ....

$1,040 00

B ridge watei-,

Seven hundred seventy-four dollars, .

774 00

Carver, . . .

Two hundred thirty-four dollars, . .

234 00

•

Duxbury, . . .

Six hundred ninety-five dollars, . . .

695 00

E. Bridgewater, .

Five hundred forty-seven dollars, . .

547 00

Halifax, . . .

One hundred seventy-three dollars.

173 00

Hanover, . . .

Three hundred sixty dollars

360 00

Hanson, . . .

Two hundred fifty-two dollars, . . .

252 00

Hingham, . . .

One thousand thirty -three dollars, . .

1,033 00

Hull, ....

Seventy-two dollars,

72 00

Kingston, . . .

Five hundred twenty-nine dollars, . .

529 00

Marshfield, . .

Four hundred twenty-one dollars, . .

421 00

Middleborough, .

One thousand eighty-three dollars, . .

1,083 00

N. Bridgewater, .

Seven hundred forty-five dollars, . .

745 00

Pembroke, . .

Two hundred ninety-five dollars, . .

295 00

Plymouth, . .
Plympton, . .

One thousand five hundred seventy-

• three dollars,

Two hundred twenty-two dollars, . .

1,573 00
222 00

16

122

1858.— Chapter 149.

PLYMOUTH COUNTY— Continued.

Rochester, . .

Seven hundred ninety-six dollars, . .

$796 00

Scituate, . . .

Four hundred fifty dollars, ....

450 00

South Scituate, .

Four hundred seventy-five dollars, . .

475 00

Wareham, . .

Six hundred thirty dollars,

630 00

W. Bridge water,

Three hundred thirty-five dollars, . .

335 00

fl2,734 00

BARNSTABLE COUNTY.

DUKES COUNTY.

Barnstable, . .

One thousand fifteen dollars, . .

11,015 00

Brewster, . . .

Two hundred thirty-eight dollars,

238 00

Chatham, . . .

Three hundred fifty-six dollars, .

856 00

Dennis, . . .

Five hundred fifty-four dollars, .

554 00

Eastham, . . .

One hundred thirty-seven dollars.

137 00

Falmouth, . .

Six hundred sixteen dollars, . ■ .

616 00

Harwich, . . .

Four hundred seven dollars, . .

407 00

Orleans, . . .

Two hundred forty-five dollars, .

245 00

Provlncetown, .

Six hundred seventy dollars, . .

670 00

Sandwich, . .

Eight hundred eighty-six dollars,

886 00

Truro, ....

Two hundred eighty-four dollars.

284 00

Wellfleet, . . .

Two hundred fifty-six dollars.

256 00

Yarmouth, . .

Four hundred ninety-seven dollars, .

497 00

$6,161 00

Chilmark, . . .

Two hundred eighty-four dollars, . .

$284 00

Edgartown, . .

Four hundred forty -three dollars, . .

443 00

Tisbury, . . .

Three hundred seventy-eight dollars, .

378 00

$1,105 00

Nantucket, .

1858.— Chapter 149.

NANTUCKET COUNTY.

Two thousand seven hundred ninety-
dollars,

$2,790 00

123

RECAPITULATION.

Suffolk County, . i
Essex County,

Middlesex County,

i
Worcester County,'

Hampshi re County ,

Hampden County,

Franklin County,

Berkshire County,

Norfolk County, . 1

Bristol County, . 1

Plymouth County,

Barnstable County,

Dukes County, .

Nantucket County,

One hundred and twenty-one thousand
ten dollars,

Thirty-five thousand four hundred
twenty-five dollars,

Fifty-one thousand one hundred forty-
nine dollars,

Thirty-five thousand five hundred
fifty-seven dollars,

Eight thousand six hundred thirty-
eight dollars,

Fourteen thousand three hundred
sixty-seven dollars,

Seven thousand three hundred thirty-
eight dollars,

Eleven thousand two hundred eighty-
five dollars,

Twenty-eight thousand three hundred
seventy-eight dollars,

Twenty-four thousand fifly-one dollars.

Twelve thousand seven hundred thirty-
four dollars,

Six thousand one hundred sixty-one
dollars,

One thousand one hundred five dollars.

Two thousand seven hundred ninety-
dollars,

$121,010 00
35,425 00
51,149 00
35,557 00

8,638 00
14,367 00

7,338 00

11,285 00

28,378 00
24,051 00

12,734 00

6,161 00
1,105 00

2,790 00

$359,988 00

Section 2. The treasurer of this Commonwealth shall Treasurer shaii

_...-, issue warrants to

forthwith send his warrant, with a copy ot this act, directed selectmen, &c.
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 amount 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 when payable.
require the said selectmen or assessors to pay or to issue

124 1858.— Chapters 150, 151.

their several warrant or warrants, requiring the treasurers

of their several cities or towns to pay to said treasurer of

the Commonwealth, on or before the first day of December,

in the year one thousand eight hundred and fifty-eight, the

sums set against said cities or towns in the schedule afore-

Names of treas- gaid ; and tlic sclectmeu or assessors, respectively, shall

turned. rctum a certificate of the names of such treasurers, with

the sum which each may be required to collect, to the said

treasurer of the Commonwealth, at some time before the

first day of October next.

'^"«pf™?*p" Section 4. If the amount due from any city or town as

month additional .,■,.,. J J

for delinquency, providcd lu tliis act, shall uot havc been 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 month 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 Commonwealth in the supreme judicial
court or before any justice thereof, against such delinquent
city or town, and upon notice to such city or town, and a
summary hearing thereon, a warrant of distress may issue
against such 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 March 27, 1858.

Chap. 150 An Act to amend an act concerning insurance companies.
Be it enacted, §'c., as follows :

amendedf^ SECTION 1. The thirty-uiuth section of the two hundred

and fifty-second chapter of the acts of the year eighteen
hundred and fifty-six, is hereby so amended that any mutual
fire insurance company which shall hereafter be incorporated
by the legislature of tiiis Commonwealth, may issue policies
of insurance when the sum of two hundred and fifty thousand
dollars shall have been subscribed to be insured, according
to the provisions of said section.

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

passage. Approved March 27, 1858.

Chap. 151 An Act relating to public diversions.

Be it enacted, Sfc., asfolloivs:

H^dTom^'being SECTION 1. No pcrsou shall be present at any game, sport,
present at any play or public divcrsiou, except concerts of sacred music,

1858.— Chapters 152, 153. 125

upon the evening following the Lord's day; nor upon the diversion on sun-
evening next preceding the Lord's day, unless such game, t7sltma^y eye-
sport, play or public diversion, shall have been duly licensed "g°^yj"°''^^* "'
by the persons or board authorized by law to grant licenses in
such cases ; and every person offending against the provisions penalty,
of this act shall be punished by a fine not exceeding five
dollars for each offence.

Section 2. The fifth section of the fiftieth chapter of the Repeal.
Revised Statutes is hereby repealed. Approved March 27, 1858-

An Act in addition to an act concerning public amusements. Chap. 152
Be it enacted, Sfc, as follows :

Section 1. Any person who shall offer to view, or shall telntn'-theaTricai
set up, set on foot, maintain or carry on any theatrical exhibiHons, &c.,
exhibition, public show, concert, or dance-hall exhibition of wer, &c.,issoici,
any description, at which " Lager Bier " or other intoxicating ^""^°«t 'i^'^'^^^-
liquors are sold or exposed for sale, with the consent of
those who get up, set on foot or otherwise promote such
exhibitions or shows, "shall be punished by a fine not exceed-
ing five hundred dollars, or by imprisonment in the house of
correction not more than two years, unless such exhibition
or show shall have been first duly licensed in the mode now
provided by law for the licensing of all theatrical exhibitions,
public shows, public amusements and exhibitions of every
description, to which admission is obtained upon payment
of money.

Section 2. Nothing in this act shall be deemed to ^'^^^ °^ ^^^^°?

. J 1 J n . , , now prohibited,

autliorize the mayor and aldermen of any city, or the not authorized.
selectmen of any town, to grant any license for the sale at
any exhibition or show, of any liquors, the sale of which is
now prohibited by law. Approved March 27, 1858.

An Act to authorize the pine street congregational society Chop. 153

to sell certain real estate.
Be it enacted, ^'c, as follows:

Section 1. The Pine Street Congregational Society, of ^^^J ^^jj ''^^^ ^^"
Boston, is hereby authorized to sell and convey by deed,
free from and discharged of all and every trust, its land
and meeting-house, situated at the corner of Pine and
Washington Streets, in said Boston, and to use the proceeds ^^ ^g''®^^' '^"'^ *°
thereof, after paying the debts of said society, to purchase a
lot of land in any part of the city of Boston, and to build
thereon another meeting-house : provided, hoivever, that Pioviso.
this act shall, within one year from its passage, be accepted,
and the conveyance aforesaid authorized by said society, at
a meeting legally notified and called for that purpose.

126 1858.— Chapters 154, 155.

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

passage. Approved March 27, 1858.

Chap. 154 An Act in relation to the crime of murder.

Be it enacted, §'C., asfolloios:

degree!" '" *^''* SECTION 1. Murdcr, Committed with deliberately pre-
meditated malice aforethought, or in the commission of an
attempt to commit any crime punishable with imprisonment
for life, or committed with extreme atrocity or cruelty, is
murder in the first degree.

Second degree. SECTION 2. Murdcr uot appearing to be in the first degree
is that in the second.

Degree to be SECTION 3. Tlic dcffree of murder is to be found by the

found bj' jury. . ^

jury.

Punishment in SECTION 4. Wliocver is guilty of murder in the first

first degree. dcgTce shall suffcr the punishment of death for the same,
subject, however, to such conditions, regarding the time and
manner of executing sentence, and the custody or imprison-
ment of the convict prior thereto, as shall have been other-
wise provided by law.

Punishment in SECTION 5. Whocvcr is guilty of murder in the second
egree. (jggj-Qg^ shflll bc puuishcd by imprisonment in the state
prison for life.

How to be con- SECTION 6. Nothing herein shall be construed to require
any modification of the existing forms of indictment.

Section 7. This act shall take effect from and after its
passage. Approved March 27, 1858.

Chap. 155 Ax Act to amend the two hundred and eighty-ninth chapter

OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND FIFTY-TWO,
concerning RETURNS BY JUSTICES OF THE PEACE.

Be it enacted, &j~c., asfolloios:
amendef^ Section 1. The two hundred and eighty-ninth chapter

of the acts of the year eighteen hundred and fifty-two is
Acting justices hereby so amended, that those iustices of the peace and

ODlV r6QuirGcl to «/ / */ 1

make returns. policB justlccs bcforc wliom Criminal causes shall have been
actually commenced or examined during the year ending
on each thirty-first day of December, and no others, shall
be required to make returns as therein specified. And the
secretary of the Commonwealth shall not furnish blank
forms for returns to any justices of the peace, except such
as are authorized to hear criminal causes.

Secretary to SECTION 2. Thc rctums rcccived from the officers named

transmit returns • -i , , ^ -, , ^ • l ct ni

to auditor, and lu cUaptcr two hundred and sixteen oi the acts oi the year

toSatu'r'' eighteen hundred and fifty-one, and chapter two hundred

and eighty-nine of the acts of the year eighteen hundred

1858.— Chapters 156, 157. 127

and fifty-two, shall be transmitted by the secretary as soon
as received, to the auditor, who shall examine and report
upon the same to the legislature.

Section 3. All acts or parts of acts, requiring said i^^p^i^'-
returns or an abstract thereof to bo printed, are hereby
repealed. Approved March 27, 1858.

An Act to define the salary of the adjutant-general. Chap. 156
Be it enacted, §•&., as follows :

Section 1. The salary of the adjutant and quarter- s;iiary of adju-

I'l 1 iTiT 1 1-ij. tant-geaeral en-

master-general is hereby established at one thousand eight tabushed.
hundred dollars per annum, to be computed at that rate from
the first day of January, in the year one thousand eight
hundred and fifty-eight ; said salary to be in full compensa-
tion for all services whatsoever rendered to the Common-
wealth by said officer, including those as keeper of the public
magazines, munitions of war, entrenching tools, and all
other implements of war belonging to- the Commonwealth.
Section 2. This act shall take effect from and after its

passage. Approved March 27, 1858.

An Act ceding jurisdiction over certain lands in boston to Chap.' 151

THE united states.

Be it enacted, Sfc, as follows :

Section 1. Jurisdiction is hereby granted and ceded to juriadicuon
the United States of America over a certain lot of land
situate in the city of Boston, in this Commonwealth, and
known, with the buildings thereon, as " The Masonic Tem-
ple," together with such tract or tracts adjacent thereto,
and not exceeding in all, in addition to said first described
lot, twenty-five thousand square feet, as may now, or here-
after be purchased by the United States, for the purpose of
establishing and maintaining a court house thereon. And
consent is hereby given to such purchase, the evidence
thereof heing duly recorded in the registry of deeds for the
county of Suffolk : provided, ahvays, that this Common- Proviso,
wealth shall retain and does retain concurrent jurisdiction
with the United States, in and over all the lands aforesaid,
so far that all civil processes, and all criminal processes,
issuing under the authority of this Commonwealth, may be
executed on said lands, and in any buildings thereon, or to
be erected thereon, in the same way and manner as if juris-
diction iiad not been granted as aforesaid ; and provided, Proviaed auo,
that the exclusive jurisdiction shall revert to, and revest in,
the Commonwealth of Massachusetts, whenever the said
land shall cease to be used for the sole purpose herein before

128 1858.— Chapter 158.

declared ; and provided^ also, that the jurisdiction of the
United States shall not include any part of any highway on
which the said land may be bounded,
uniesf fe'tf ^"'^ Section 2. This act shall be void unless a suitable plan
of the premises, or such portion or portions thereof as may
be purchased by the United States, shall be made and filed,
by the United States, in the office of the secretary of this
Commonwealth, within one year from the purchase of the
land by the United States.

Section 3. This act shall take effect from and after the
purchase of such lands, or of any portion or portions thereof,
by the United States. Ajyproved March 27, 1858.

CIWD 158 -^^ ^^^ ^^ REGULATE CERTAIN MATTERS OF FINANCE.

Be it enacted, Sfc, as folio ws:

Act of 1849 re- SECTION 1. So mucli of the fourth section of chapter

peae in par . f^f^y.g^^-^ gf i\^q ^cts of thc year one thousand eight hundred

and forty-nine, as provides that the auditor shall submit to

the legislature an estimate of expenses for the current year,

Annual estimates in his auuual rcport, is hereby repealed. It shall be the duty

to be made by« it£i2 iii- i r>

public officers in- 01 cvcry public omcer or board having charge of any
stead of Auditor, department of the public service requiring an expenditure
of money from the state treasury, other than the payment
of salaries, to submit in writing, to the speaker of the house
of representatives, on or before the fifteenth day of January,
in each year, a detailed estimate of the sums, which in the
judgment of such officer or board will be necessary for the
maintenance of the departments severally under their charge,
for the current year.
Annual report of SECTION 2. The auuiial I'cport of the auditor shall contain

auditor to con- ,, j_ r l_^ • ^ • i t , n

tain a summary a summaiy Statement 01 the receipts into and payments from,
cdptrTnd%ay- ^hc trcasury of the Commonwealth in each year : said report
ments each year, ghall also coiitaiii a detailed and particular statement of the

from the treas- . , - . i i . ^ y^-- yj

ury, &c. receipts and expenditures belonging to each year; and for

the purposes of this statement the account of receipts shall
include all the revenue properly accruing or provided by law
during the year, whether any part thereof be unpaid at the

Proviso. end of the year or not : provided, that the amount of revenue

thus unpaid shall be distinguished in the account. In like
manner, the account of expenditures in the detailed state-
ment, shall include, first, the total expense incurred during
the year, for the support of all permanent departments,
services and institutions ; and second, all exceptional and
special charges, incurred for objects ordered within the year,
the account being constructed in such manner as to show
the total expenditure actually incurred within the year,

1858.— Chapter 158. 129

whether the same has been paid during the year, or whether
the whole or a part thereof, remain unpaid at the close of
the year : provided, that the amounts paid and unpaid, shall
be properly distinguished. The variations between said
summary account and said detailed account, sliall be indicated
and explained by proper notes and references.

Section 3. The annual report of the auditor, made next Auditor's report
after the passage of this act, shall contain a recapitulation taLl^rLipituTa-
of the receipts and expenditures of the year one thousand ^^^ lUHq"'^^^'
eight hundred and fifty-seven, as well as of the year one
thousand eight hundred and fifty-eight, constructed upon
the principles laid down in the preceding section.

Section 4. The auditor's report, in each year, shall show Auditor's report
the aggregate amount of funded debt at the beginning and suow^Vgr^gate
end of the year respectively, the balance of increase or jXt^&f^'^'*"''''*''^
decrease, and a statement of the cause of such balance ; and
in like manner, shall show the aggregate amount of the
temporary loan, at the beginning and end of the year, the
balance of increase or decrease, and a statement of the
cause of such balance. The report shall likewise state
whether the ordinary expenses of the year have exceeded
the income, or the contrary, and show the amount of the
balance, with an explanation of the means by which any
deficit may have been met, or of the purposes to which any
surplus may have been applied.

Section 5. It shall be the duty of the auditor to include Auditor to in-
in his report, the items of all accounts of expenditure, so far po^^tems of ati
as they may be useful or interesting to the people of the pcudituLf&r'
Commonwealth ; and in particular, so far as may be prac-
ticable, the various heads of expenditure shall be separated,
so as to show the different officers or boards, under whose
directions the several portions of the expenditure have been
incurred ; all salaries and other general charges shall like-
wise be separated, so as to show the different classes of
officers who received the several portions of the expenditure ;
and no expenditure exceeding five hundred dollars, shall be
included under any indefinite head, if it be composed of
separate items.

Section 6. The auditor's report shall annually, contain Auditor's report
a particular statement of the manner in which the moiety Mr'^of'lrsbur'lel
of the income of the school fund, applicable to educational ™^j"j' °^ ^"^^^^
purposes, has been disbursed.

Section 7. The auditor's report shall hereafter state the Auditor's report
amount paid to each county, in reimbursement of the costs au,ounrpai*d°to
of criminal prosecutions, in such manner as to show the ^''"=1' county for

11 .1 Ti TT/> costs of enmmal

Whole amount charged, the amount credited for fines and prosecutions.
17

130 1858.— Chapter 158.

forfeitures, and the balance ; also, the amount of commissions

allowed on such payments, to the treasurer of each county.

Auditor's report SECTION 8, The auditor's report shall hereafter describe

investments of thc uow invcstmcnts of any portion of the funds belonging

state funds. ^^ ^j^^ Commonwcalth, which may have been made during

the year.
Manner of esti- SECTION 9. lu estimating the value of the shares of
Western Rai"road Westcm Raih'oad stock belonging to the Commonwealth,
ur°er''andauditor! the trcasurcr aud auditor shall not assign a separate numeri-
cal value to the rights in the loan sinking fund ; and all
railroad shares or other securities, shall be reckoned at their
market value at the time of making the report.
Cash on hand at SECTION 10. The casli ou hand on account of ordinary
year to be .reck- rcvenuc, at thc beginning of each year, shall be reckoned a
oned, &c. p^j,^ ^|. ^i^g ordinary revenue of that year.

Expenditures SECTION 11. No ordcr of cithcr branch of the legislature,

u™der resVe of aud uo concurrcut order of the two branches, shall be valid
^^^^' to authorize the expenditure of more than one hundred

dollars, by virtue of the provisions of chapter nineteen of
the resolves of the year one thousand eight hundred and
fifty-seven, unless a specific appropriation of a larger sum
has been previously made.
No legislative SECTION 12. No conimittcc of the legislature shall incur

committee to in- t i -i- • i i i p p i /-n

cur any expendi- any expcnditurc or liability in behaii ot the Commonwealth,

ture after close of r, A ^ c j^-\ i • i xi i

regular session, alter tlic closc 01 thc rcguiar session, unless there be a
unless, &c. subsistiug appropriation therefor, previously made by law ;

and the amount of the expenditure or liability shall be

limited by the appropriation.
Chap. 11 of acts SECTION 13. The sccoud, third, fourth, fifth, sixth, sev-

of present year to n • i i • p i i <• i /•

apply. enth and eighth sections oi chapter eleven ot the acts ot

the present year shall be general in their application to all
appropriations, as well as to those contained in said chapter

Proviso. eleven : provided, that the seventh section aforesaid shall

not be construed to prevent any public officer or board from
continuing the several departments of service under their
charge, during the month of January in any year, at the
same rate of expenditure as may have been authorized by
the appropriations for the preceding year, until the pleasure
of the legislature shall be made known.

No public officer SECTION 14. No public officcr or board shall incur any

to incur any new , -^ i x i ^

expense unless, iicw Or unusuai expeiisc, luakc any permanent contract,

^"^ increase any salary, or employ any new clerk, assistant or

other subordinate, at any time, unless an appropriation

sufficient to cover the necessary expense thereof, shall have

been previously made by the legislature.

1858.— Chapter 159. 131

Section 15. The expression in any act or resolve con- Acts, &c., making
taining appropriations, that such appropriations are made howcoMtrued!
for a certain year, shall not be construed to prevent the
application, in the following year, of any unexpended bal-
ance of such appropriations, to the same objects for which
they were originally designated.

Section 16. The treasurer is hereby authorized and Treasurer to dis-
directed from time to time, whenever it can advantageously Ra1?ro°ad ^^stock
be done, to dispose of the securities belonging to the Western sii^king fund.
Railroad stock sinking fund, amounting to two hundred
and sixteen thousand eight hundred and sixty-six dollars
"!and forty-seven cents, on which the money was advanced by
a temporary loan ; and to repay the said temporary loan
with the avails of such sales as he may make.

Section 17. The current interest on all temporary loans interest on tem-
to the Commonwealth from banks, corporations or individu- be^pSd s°emf-an°
als, shall be paid semi-annually, on the first days of April °"*iiy-
and October in each year.

Section 18. All acts and parts of acts inconsistent with Repeal.
the provisions of this act, are hereby repealed.

Section 19. This act shall take effect from and after its
passage. Approved March 27, 1858.

An Act for the appointment of watchmen and fireman to the Qfian^ X59

STATE HOUSE. -* '

Be it enacted, §"c., as follows :

Section 1. The sergeant-at-arms shall annually appoint. Appointment and
subject to the approval of the secretary and treasurer of the l^en^^ °^ ^^^''^'
Commonwealth, four good and discreet persons as watchmen
of the state house, whom he may at any time remove, and
for whose fidelity and good conduct, in said capacity, he
shall be responsible. Said watchmen shall remain in the
state house every night from nine o'clock in the evening,
until sunrise the next morning, and maintain proper watch
and guard for the security thereof; and two of said watch-
men shall for the same purpose remain on duty during all
other hours of the day when the outside doors are open.

Section 2. Said watchmen shall visit, each night, all the
rooms in the state house in which fires have been kindled
during the preceding day, and attend to their safety ; and
shall open the outside doors of the lower floor, and the
gates, every morning, and close the same every evening,
except Sabbath, and public holidays ; and the keys of said
doors and gates, and of the several apartments, shall be so
deposited as that said watchmen may have ready access to
them. Said watchmen shall also keep the lower floor and

form duties of
messengers.

132 1858.— Chapter 160.

entries of the state house clean and in good order ; light,
clean and keep in order the outside lamps ; kindle and
keep up suitable fires in all the offices (except that of the
secretary of the Commonwealth) within the state house,
and keep said offices at all times, clean and in good order ;
and shall perform all such other duties with regard to said
offices as have been heretofore performed by the watchmen
and messengers of the general court.

Section 3. Said watchmen shall take all proper care to
prevent any trespass or injury being committed within or
upon any part of the state house, or any of the appurte-
nances thereof belonging to the Commonwealth ; and if
any such trespass or injury occur, and the offender be known
to either of the said watchmen, they shall forthwith give
notice thereof to the attorney-general, in order that such
offender may be prosecuted therefor.

Watchmen to per- SECTION 4. Thc Said watclimcn shall also perform the
duties of messengers to the general court during the ses-
sions of the legislature ; and in full compensation for all
services required of them by the sergeant-at-arms, under
this act as watchmen throughout the year, and messengers

Compensation, duriug thc auuual scssiou of the legislature, they shall be
paid from the treasury of the Commonwealth, in quarterly
instalments, a salary of seven hundred and fifty dollars
each.

Appointment of SECTION 5. The scrgcant-at-arms shall further have au-

fireman. tliority to appoiiit ouc person as a fireman, who shall make

and attend the fires in the basement of the state house,
and shall perform such other duties as may be required by

Compensation, thc scrgeaut-at-arms ; and in full compensation for all said
services shall receive a salary of six hundred dollars, to be
paid quarterly from the treasury of the Commonwealth.

Act of '53 and re- SECTION 6. Chapter one hundred and nineteen of the
rep Id ^^^^ ^^ ^j^^ ^^^^ ^^^^ thousand eight hundred and fifty-three,
and chapter eighty-one of the resolves of the year one
thousand eight hundred and fifty-five, are hereby repealed.

Salaries to be SECTION 7. Thc salarics hcrciu mcntioncd shall be com-

computed from .

January 1, 1858. putcd from thc first day ot January, in the year one thou-
sand eight hundred and fifty-eight.

Section 8. This act shall take effect from and after its

passage. Approved March 27, 1858.

Chap. 160 An Act amending " an act to establish the city op newbury-

PORT."

Be it enacted, ^c, as folloios :

amendef ^ Section 1. The act approved May twenty-fourth, eighteen

hundred and fifty-one, entitled " An Act to establish the

1858.— Chapter 161. 133

City of Newburyport," is hereby amended and altered, as overseers of the
follows, to wit: one overseer of the poor, being selected ]Sy°thg ''^^gf/o^
from each ward, shall, at the next municipal election, after ti^^ city at large,

p,. . • r '1111 1 ^^"0) With mayor,

the acceptance of this act, as heremalter provided, be elected to constitute the
by the qualified voters of the city at large, voting in their
respective wards, who, together with the mayor ex officio, as
chairman of the board, shall constitute the board of over-
seers of the poor. At the first meeting of the board thus Divisiou of board
elected, they shall divide themselves, by lot, into two classes fiistc'iIsstlTserve
of three each ; those of the first class to serve for one year ; °°^ ^l^^i ^^^"^^
and those of the second class to serve for two years ; and
thereafter annually, at the municipal election of said city,
there shall be elected, in the manner above provided, three
overseers of the poor to serve for two years ; but no two of
the members of said board shall be residents, at the time of
their election, of the same ward ; vacancies in the board to
be filled by the city council in convention.

Section 2. The school committee to be elected at the Division of school

• • 1 1 .• i x-j. ^1 J. ^ xi • J. committee into

municipal election next alter the acceptance oi this act, as two classes; first
hereinafter provided, shall, at the meeting for the organiza- ye''ar,*°econ'd two
tion of said school committee, be divided by lot into two ye^^^^' &^°-
classes of six each, one from each ward ; those of the first
class to serve for one year, and those of the second class to
serve for two years ; and thereafter, annually, at the muni-
cipal election of said city, there shall be elected in each
ward, one resident of said ward, who shall be a member of
the school committee of said city for the term of two years.

Section 3. This act shall be submitted to the inhabitants Act not to take
of Newburyport, for their acceptance or rejection, at legal cepted."^"*'^ *°"
meetings to be called in the several wards of said city,
within ninety days from the passage of this act, and shall
take effect from and after its acceptance, by a majority of
the votes cast at such meetings. Approved March 27, 1858.

An Act ix addition to an act relating to persons committed Chap. 161

TO THE STATE LUNATIC HOSPITALS, NOT HAVING A KNOWN SETTLE-
MENT IN THIS COMMONWEALTH.

Be it enacted, ^'c, as follows:

The act approved by the governor on the twenty-third ^^^^^ '^^^'' ^^-
day of May, in the year one thousand eight hundred and
fifty-seven, entitled "An Act relating to Persons committed
to the State Lunatic Hospitals, not having a known settle-
ment in this Commonwealth," shall not apply to any case
where support has been furnished to any person at either of
the state lunatic hospitals prior to the passage of said act.

Approved March'JiT, 1858.

134 1858.— Chapters 162, 163.

Chap. 162 ^^ -^CT RELATING TO THE GOVERNMENT OF PRISONS.

Be it enacted^ Sfc, as folloios :
fi(^"of °*state" Section 1. It shall be the duty of the inspectors of the
prison using in- state prisoii, fortliwitli to remove any officer, who holds his
liquors!"^ place at the pleasure of the inspectors and warden, who

shall be known to use, as a beverage, intoxicating liquors.
Removal of of- SECTION 2. It shall be the duty of the overseers of the

ficers of jails and . •' ...

houses of correc- houses 01 corrcction, and the county commissioners m the

tion usinff iutoxi- n x- j^ j_i -ii x a^ • i ^

eating liquors, scveral couiitics, lorthwitli to remove any omcer, appointed
by them to any position of trust or authority in any house
of correction, who shall be known to use intoxicating liquors
as a beverage ; and it shall also be the duty of the sheriffs
of the several counties to remove any officer, appointed by
them to any position of trust or authority, in the jails and
houses of correction, who shall use intoxicating liquors as
aforesaid.

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

passage. Approved March 27, 1858.

Chap. 163 -^N ^CT CONCERNING THE MARLBOROUGH ''BRANCH RAILROAD.

Be it enacted, Sj-c, asfolloivs :
In case trustees Section 1. In casc at any time, the then trustees under
by'*com™aiiy^''to a mortgage made by the Marlborough Branch Railroad
f/*af*seu"^fraJr- Company, to Francis Brigham, Francis D. Brigham and
chise,' &c., pur- Qbadiali W. Albce, by deed dated the first day of February,
ciate, &c., 'for ill tlic year of our Lord one thousand eight hundred and
managing road, fjfj^y.fjyg^ Confirmed by act of the general court, approved
on the sixteenth day of February, eighteen hundred and
fifty-five, being chapter nineteen of the acts of that year,
shall sell the franchise and other property mortgaged, under
and in pursuance of the terms of said deed of mortgage,
the purchaser or purchasers, at such sale, may associate
themselves together, under any name by them assumed, for
the purpose of managing said railroad ; and they shall,
together with their successors and assigns, be and remain a
namif'^'as'^uuild ^ody corporatc, under the name assumed by them ; but
amount of capital beforc thcy shall commence business, they shall make a cer-
be pubiished'and tificatc scttiug fortli tlicir corporate name, the amount of
taryofcommmt" capital actually paid in, and the par value of the shares;
T/eaith. which certificate shall be signed and sworn to by the presi-

dent, treasurer and a majority of the directors of said
company, published in two daily Boston papers, and some
paper published in the county of Middlesex, on three suc-
cessive weeks at least, in each, and filed with the secretary
of the Commonwealth ; and when so organized, they shall
become a corporation, with like powers and privileges, and

1858.— Chapter 164. 135

subject to the duties and restrictions set forth in the act
incorporating the Marlborough Branch Raih-oad Company :
provided^ that no sliares in the capital stock of said company, Proviso.
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.

Section 2. Any such sale shall not in any way affect or saienot toaffoct
impair any contract now subsisting between the Marlborough tween°MlHboro'
Branch Railroad Company and any other company, in rela- otueT^ mfiroad
tion to the use and running of said road, but the purchaser company.
or purchasers, at any such sale, and the corporation which
may be thereupon formed, in pursuance with the provisions
of this act, shall have all the rights and be subject to all
the duties and liabilities of the said Marlborough Branch
Railroad Company, under any such contract.

Section 3. The Marlborough Branch Railroad Company company may is-
may issue bonds for the purpose of taking up and paying payme^nT'^of ua
the bonds, and other indebtedness of said company secured '^'-■'''^•
by the mortgage herein before referred to ; and the trustees Trustees to hoid
under said mortgage shall, in case any such bonds are glged'^as security
issued, hold the property mortgaged, as security for the pay- b^nds^Tc'!''*^ °^
ment of any such bonds so issued by said company, in the
same manner and upon the same terms and conditions in
all respects, as the same is now held by them as security for
the indebtedness of said company intended to be secured
thereby ; and said company may make such further con-
veyance as security, or in confirmation thereof, as they may
deem necessary : provided, however, that said mortgaged Proviso,
property shall be held and applied, in the first instance, to
the payment in full, principal and interest, of all indebted-
ness now secured thereby ; and nothing herein contained Trastees to take
shall prevent said trustees from taking any and all steps, lelnro'^liymlM,
and exercising any and all rights given them under said
mortgage, for the security and payment of the indebtedness
now secured thereby. Ajjproved March 27, 1858.

Ak Act concerning the survey of lumber, ornamental wood Chai). 164

AND SHIP timber. ^'

Be it enacted, ^'c, as folloios:

Section 1. There shall be elected at the annual meeting Election by each
of each town, and appointed by each city in the Common- porntme^nt** by^"
wealth, one or more well qualified and skilful surveyors of ye'^'ors of lumber'
lumber, who shall hold office for one year and until their
successors be chosen and appointed, unless sooner removed : Proviso.
provided, that the several cities may, from time to time,
establish any ordinances, with suitable penalties, respecting

&c.

136

1858.— Chapter 164.

Proviso.

Dirision of pine
boards and
planks into six

sorts.

Proviso

the appointment of surveyors for said cities, as they may
deem expedient.

Section 2. The said surveyors shall survey oak and
other hard wood commonly used in ship building, mahogany,
ash and other ornamental wood, and all other lumber, here-
after brought for sale into this Commonwealth, according to
the provisions of this act ; and shall also survey all lumber
manufactured in this state, when requested so to do by either
the purchaser or seller: provided, that no surveyor shall
survey any lumber in which he has a pecuniary interest.

Section 3. In the survey of pine boards and planks,
except southern pine, there shall be six sorts. The first sort
shall be denominated number one, and shall include boards,
not less than one inch thick, square edged, free from rot,
shakes, and nearly free from knots and sap, except such
boards and planks as are not less than fifteen inches wide,
and not more than one-eighth waste, which shall be received
as number one. The second sort shall be denoininated
number two, and shall include boards not less than one inch
thick, and of which not less than seven-eighths is suitable
for planing and first class finish : provided, that such boards
as are clear but deficient in thickness as aforesaid, shall be
received as number two. The third sort shall be denomi-
nated number three, and shall include boards not less than
seven-eighths of an inch thick, and of which not less than
three-fourths is suitable for planing and second class finish.
The fourth sort shall be denominated number four, and shall
include boards not less than seven-eighths of an inch thick,
nearly free from rot and nearly square edged, free from
loose and large branch knots, and suitable for covering
buildings ; all Norway pine boards and planks shall be
included in the fourth, fifth and sixth sorts. The fifth sort
shall be denominated number five, and shall include all
boards and planks of every description not being within the
other four denominations, except when one-third is worth-
less, which boards and planks shall be denominated refuse.

Section 4. In the survey of pine joists and dimension
timber there shall be three sorts. The first sort shall be
denominated number one, and shall include all joists and
dimension timber that are sound and nearly square edged.
The second sort shall be denominated number two, and shall
include all other descriptions, except when one-third is
worthless, which joists and dimension timber shall be denom-
inated refuse.

Section 5. In the survey of spruce, hemlock, juniper
mto'"three and southcm pine boards, planks, sawed timber and joists,

Division of pine
joists, &c., into
ttireo sorts.

Division of
spruce, hemlock,
&c.,
sorts.

1858.— Chapter 164. 13T

there shall be three sorts. The first sort shall be denomi-
nated number one, and shall include all boards, planks,
sawed timber and joists that are sound and nearly square
edged. The second sort shall be denominated number two,
and shall include all other descriptions, except when one-
third is worthless, which boards, planks, sawed timber and
joists shall be denominated refuse.

Section 6. In the survey of ash, maple and other hard Division of aah,
wood and ornamental boards, planks and joists, there shall three sorts,
be three sorts. The first sort shall be denominated number
one, and shall include all boards, planks and joists that are
free from rot, shakes and bad knots. The second sort shall
be denominated number two, and shall include all other
descriptions, except when one-third is worthless, which
boards, planks and joists shall be denominated refuse.

Section 7. In the survey of hewn timber, except maliog- |]j^|,''g°''^^^[^to
any and cedar, there shall be three sorts. The first sort three sorter'
shall be denominated number one, and shall include all
timber that is sound and nearly square edged. The second
sort shall be denominated number two, and shall include
timber of all other descriptions except when one-third is
worthless, which timber shall be denominated refuse.

Section 8. In the survey of oak, juniper and spruce Division of oak,
knees, there shall be two sorts. The first sort shall be two sorts/' '" "
denominated number one, and shall include all sound knees
of the following dimensions : arm or root two feet long,
body of knee four feet long, working thickness four inches ;
arm or root two feet and six inches long, body of knee four
feet long, working thickness five and five and one-half
inches ; arm or root three feet long, body of knee four feet
and six inches long, working thickness six and six and one-
half inches ; arm or root three feet and six inches long, body
of knee four feet and six inches long, working thickness
seven and seven and one-lialf inches ; arm or root three
feet and nine inclies long, body of knee five feet long,
working thickness eight and eight and one-half inches ; arm
or root four feet long, body of knee five feet and six inches
long, working thickness nine and nine and one-half inclies :
arm or root four feet and six inches long, body of knee six
feet long, working thickness ten and ten and one-half inches.
The second sort shall be denominated refuse, and shall
include all other descriptions of less dimensions than those
specified in the first denomination ; all knees shall have the
working thickness marked thereon, respectively, and on tlie
first sort, the number, " one," shall be marked thereon.

18

138 1858.— Chapter 164.

Mahogany and SECTION 9. Ill the sui'vey of maliogaiiy and cedar, there
ce ar, one sor . gj^gj]^ |jg j^^^^ ^^^^ g^^,^^ ^^^ -^ shall be the diitj of the survey-
ors, who are especially appointed to survey mahogany and
cedar, to number all the mahogany and cedar logs or sticks
contained in each lot or cargo in regular numerical order,
and to mark the number of each log or stick, upon the
same, in legible characters. And the said surveyor shall,
to the best of his ability, ascertain the whole number of
feet, board measure, in each and every log or stick, and
what quantity thereof is merchantable, and what is refuse.
And said surveyor shall thereupon issue a certificate or
survey bill of said survey, in which shall be stated the
number of each log or stick, and the whole number of feet
contained in the same, and specifying the number of feet
which is merchantable and refuse, respectively.
Hewn timber, SECTION 10. All licwu timber, and all round timber used
.^ip buUdk)g/to foi' masts and ship building, shall be surveyed and sold as
be surveyed."' tou timber, at the rate of forty cubic feet to the ton ; oak
and other timber and planks commonly used in ship build-
ing, shall have the true contents marked thereon in cubic
feet or board measure, and in the first and second sorts,
the numbers " one " and " two " shall be marked thereon
insurveyof Nor- respectively. In the survey of white and Norway pine
&cVcontents to boards, plauks, joists, sawed timber and dimensions, the
be marked. coutcuts of the samo shall be truly marked thereon in legi-
ble numbers, and on the second, third, fourth and fifth sort
of white and Norway pine boards, planks and dimensions,
Au boards, &c., the uumbcrs shall be marked thereon respectively. All

to be sold accord- i t it ••, i,-i it • • i i

ing to contents, ooards, plauks, joists, sawcd timber and dimension lumber
shall be received and sold according to the contents thereof,
as fixed and marked under the aforesaid regulations. In
the admeasurement of round timber, one-fourth of the girth
shall be taken for the side of the square.

Fees for survey- SECTION 11. The fcCS for SUrveviug and marking, accord-
ing and marking. . ; .1 /. • • • n i^ • J. i 1 -1 1

mg to the loregomg provisions oi this act, are to be paid by
the purchaser, and shall be as follows : for white and Nor-
way pine, spruce, hemlock, juniper and white wood boards,
planks, joists, sawed timber and dimension, twenty-four
cents for every thousand feet board measure ; for southern
pine flooring boards, thirty-four cents for every thousand
feet board measure ; for all kinds of pine, spruce, hemlock
and juniper timber, twelve cents for every ton ; for oak and
other hard wood, twenty-four cents for every ton ; for knees
commonly used in ship building, three cents for each knee ;
for ash, maple and other hard wood and ornamental boards,
planks and joists, forty cents for every thousand feet board

1858.— Chapter 165. 139

measure ; for Cuba, Saint Domingo and other branch or
hard mahogany, one dollar for every thousand feet board
measure ; and for mahogany from the bay of Honduras, and
for cedar, seventy-five cents for every thousand feet board
measure.

Section 12. If any surveyor shall be guilty of, or con- Penaityfor fraud,
nive at, any fraud or deceit, in the surveying, numbering
or marking the contents of any kind of wood or lumber,
required by this act to be surveyed ; or if any surveyor
when requested by the owner of any lumber, to survey the
same, shall, without good reason, refuse to perform the
duty, he shall forfeit for each offence, a sum not less than
ten, nor more than fifty dollars, to be recovered by indict-
ment or complaint to the use of the town or city in which
the offence shall have been committed.

Section 13. If any person shall sell or purchase any Penalty for sen-
lumber or wood herein named, brought into this Common- without survey.
wealth for sale after the passage of this act, which has not
been surveyed, numbered and marked, according to the
provisions thereof, he shall forfeit a sum equal to double of
the amount of fees for surveying the same ; to be recovered
by indictment or complaint, to the use of the town or city
in which the offence shall have been committed.

Section 14. If any person, not authorized by tlie pro- Penalty for act-

• • p , 1 • J 1 11 ; n i? Ai ing as surveyor

Visions 01 this act, shall presume to periorm any oi tlic without autho-
duties of surveyor of lumber, he shall forfeit a sum not "'^•
less than fifty nor more than two hundred dollars, to be
recovered by indictment or complaint, to the use of the
town or city in which the offence shall have been committed.

Section 15. So much of the twenty-eighth chapter of the Repeal.
Revised Statutes as relates to the survey of lumber, timber,
shingles and clapboards, being all the sections from one
hundred and forty-one to one hundred and fifty-nine, inclu-
sive, and all acts and parts of acts inconsistent with the
provisions of this act, are hereby repealed : provided, that Proviso,
this act shall not be construed to remove or discharge from
office the surveyors who have been appointed or elected for
the present year. Approved March 27, 1858.

An Act to amend the act to increase the amount of specie in (JJiap. 1 Qb

THE commonwealth. -* '

Be it enacted, ^'c, as follows :

The banks in South Boston, instead of the weekly returns Banks in south
required by the three hundred and seventh chapter of the monthiy^return^s'!
acts of eighteen hundred and fifty-four, shall make monthly
returns, as required of the banks doing business in Massa-

140 1858.— Chapter 166.

chusetts, and out of Boston, by the three hundred and
seventh chapter of the acts of eighteen hundred and fifty-
four ; and the said banks in South Boston shall return the
monthly average amount of balances in other banks not
bearing interest, which may be applied to the redemption of
their bills, and the same shall be considered and deemed as
equivalent to specie for the purposes of the act passed the
present year, " to increase the amount of specie in the
Commonwealth." Approved March 27, 1858.

Chap. 166 ^^ -^CT CONCERNING THE MILITIA.

Be it enacted ^ §'c., as follows:
Atteudauce of SECTION 1. Wlicu thc voluutcer militia shall be engaged

militia at en- . -■, ■, nni- ^^ ± n

campment, &c. m camp duty, each company roll-call, during the term ot
omcfi"to*^is!!e^r^ cncampment, shall be made under the supervision and in
u'onTeturns^o^f P^'^^'^^cc of a regimental or commissioned staff officer, to be
duty in camp, dcsiguatcd by the commanding officer of any regiment or
battalion to which said company shall be attached ; and said
commanding officer shall certify upon the duplicate returns
of duty in camp, now by law required to be made by
commanders of companies, that such company did, on the
several days of encampment, well and faithfully perform all
the duties required by law on such days, and that the number
of officers, non-commissioned officers, musicians and privates,
reported as present and doing duty each day, in such dupli-
compensation. catc rctums, is corrcct. 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 sick-
ness, shall be entitled to compensation for the time he is
actually engaged in service.
Amount allowed SECTION 2. Tlic amouiit to bo allowed to the several

to cities and •)• n. c -\ i> • J.^ c

towns for armor- Cities and towiis, lor dciraymg the expense ot armories
mined by Irdju- ^^^^'^^^^^^^^^ ^^ compaiiics of thc volunteer militia, shall be
tant-generai. 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 purpose specified in
the third section of chapter one hundred and eighty-eight of
the acts of eighteen hundred and fifty-three.
companies^_^niay SECTION 3. Whcu any compauy of said militia shall
when reduced be- appear, from aiiy return made to the adjutant-general, to
low thirty-two. |^^ reduccd below thirty-two privates, present and doing-
duty, at the time for which said return shall be made, said
company may be forthwith disbanded by the commander-
in-chief.

1858.— Chapter 167. 141

Section 4. No election of officers shall be ordered in no election of
any company, hereafter organized, unless at least fifty men "^^^^^ '^f ""J"^;
shall have enlisted in said company ; and no company shall "i'^" fi%-
be hereafter organized, if the same shall cause the whole Number of miiitia
number of the volunteer militia to exceed five thousand uiousand^*'^'* ^^^
officers and men.

Section 5. Not more than fifty privates shall hereafter Number of pri-
be returned for bounty, for tlie performance of militia ser- tobertturMdfor
vice in any infantry or rifle company : and no company shall bounty.
hereafter return for pay, but one captain, one first and one
second lieutenant, four sergeants, four corporals and two
musicians : and no election shall hereafter be ordered for
any third or fourth lieutenant.

Section 6. The two divisionary companies of cadets, oompanies and

di.i.T ij?iiTx X !• • officers excepted,

such third and lourth lieutenants as may be in commis-
sion when this act shall take effect, are excepted from the
restrictions of the fifth section.

Section 7. No ground shall hereafter be occupied or no ground to be
used for a military encampment, in time of peace, without n4''nt^°'' ^^Sl
the consent of the selectmen of the town, or the mayor and 0°°^ authorities"
aldermen of the city, where such encampment shall be
made.

Section 8. The first section of chapter two hundred and Repeal.
eighteen of the acts of eigliteen hundred and forty-nine ; the
fifth section of chapter one hundred and four of the acts of
eighteen hundred and fifty-two ; chapter tliree hundred and
tliree of the acts of eighteen hundred and fifty-seven, and
all other acts and parts of acts, inconsistent with this act,
are hereby repealed : provided, that this repeal shall not proviso
revive any acts or parts of acts repealed in or by any of the
acts herein referred to.

Section 9. This act shall take effect from and after its

passage. Approved March 27, 1858.

An Act concerning issui^is of stock by corporations. Chat). 167

Be it enacted, §"c., as folloics :

No corporation hereafter created by the authority of this corporations
Commonwealth, having a capital stock divided into shares, not to issue
shall issue any shares in said capital stock, for a less sum or tharparfuniess
amount, to be actually paid in, on each share, than the par ^^^p'^"^'''^ ^""*°'
value of the shares which shall be first issued ; unless the
same shall be authorized by special provision of the act of
incorporation, or by act of the legislature, subsequently
obtained, Approved March 27, 1858

142 1858.— Chapters 168, 169, 170.

Chap. 168 ^^ ^^'^ ^'^ RELATION TO THE STATE ALMSHOUSES.

Be it enacted^ Sj-c, as follows:
Superintendents SECTION 1. The Superintendents of the several state
^pio^me'nr of almshoiiscs, shall have power, vi^ith the consent of the
chTrge*'themfrom inspcctors, to coutract, with any person or persons, for the
institution, &c. employment of any inmate of said institutions in any liind
of lawful labor, for such wages or on such terms as the said
superintendent and inspectors shall approve ; and whenever
such contract shall be made, such inmate shall be dis-
charged from the institution ; and if any inmate for whom
such contract has been made, shall refuse to avail himself of
the employment so offered, he shall forfeit all claim to sup-
port, as a state pauper.

Section 2. This act shall take effect from and after its
passage. Approved March 27, 1858.

Chap. 169 An Act TO INCORPORATE the india fire and marine insurance

COMPANY.

Be it enacted, S,-c., as follows :
Corporators. SECTION 1. Gcorgc Pcabody, Richard S. Rogers and John

Bertram, their associates and successors, are hereby made a
corporation for the term of twenty years from the passage
Name. of tliis act, by the name of the India Fire and Marine Insur-

Location. aucc Coiiipany, to be established in the city of Salem, for

Purpose. the purpose of making insurance against losses and damage

Privileges, re- by firc, aud maritime losses ; with all the privileges and
strictions, &e. powers, aud subject to all the duties, liabilities and restric-
tions, set forth in the forty-fourth chapter of the Revised
Statutes, and all other general laws in force relative to
insurance companies.
capitaiisioo,ooo, SECTION 2. Tlic Said corporatioii shall have a capital of
each!*'*"^ °*^ ^^'^'^ one 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 two hundred thousand
Real estate not to doUars, aud may hold real estate for its own use, not exceed-
mg m value niteen thousand dollars.

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

passage. A^^proved March 27, 1858.

Chap. 1 70 An Act in relation to delinquent agents of foreign insur-
ance COMPANIES.
Be it enacted, ^'c, as follows :
Agent failing to Section 1. Evcry agent of a foreign insurance company
&StobcreHe"ed wl^o has fallcd to make the returns, or to file the bond
currerunderacts ^^quircd by thc two hundred and fifty-second chapter of the
of 1856 and 1858; acts of cightccn hundred and fifty-six, shall be relieved from

1858.— Chapter 171. 143

the payment and forfeiture incurred by him under tlie
provisions of the two hundred and fifty-second chapter of
the acts of eighteen hundred and fifty-six aforesaid, and of
the forty-ninth chapter of tlie laws of eighteen hundred and
fifty-eiglit ; and if said penalties and forfeitures have been
paid by such agent, pursuant to the provisions of said acts,
the amount so paid shall be refunded to him by the treasurer
of the Commonwealth : provided^ that within thirty days Proviso
from the passage of this act, such agent shall file the bond
or make the returns required by law as aforesaid, and also
shall make it appear to the satisfaction of the treasurer of
the Commonwealth that the neglect by which such penalty
was incurred was occasioned by inadvertence and not by
wilful neglect.

Section 2. It shall be the dutv of the insurance commis- commissioners to

, n -I , 1 "^ c l^ o • • forward to aeent

sioners to lorward to each agent oi the loreign insurance blanks for re-
companies in the Commonwealth known to them, the appro- *"™^'
priate blanks for the returns by said agents, required by tlie
two hundred and fifty-second chapter of tlie acts of eighteen
hundred and fifty-six. Approved March 27, 1858.

An Act COXCERXING THE MIDDLEBOROUGH and TAUNTON, THE OLD QJidy) \'^\
COLONY AND FALL RIVER, AND THE CAPE COD RAILROAD CORPORA- -* "

TIONS.

Be it enacted, §t., as follows:

Section 1. The Middleborough and Taunton Railroad Middieboro' and
Corporation is hereby authorized to enter with its track, roTd"co"mayen"-
upon the lands of the Old Colony and Fall River and Cape oTdToronT'^ani
Cod Railroad Companies, in Middleborough, at the point ^^"^ c'lTd'^ n'a'ii'^
where it now enters upon the same, and to occupy and use road co's in Mid-
tlie said lands, and the track of the Old Colony and Fall cu^^'^samr and
River Railroad Company, which it has heretofore, with the 0^7*^ and ''^ Faii
consent of said corporation occupied and used, and to ^^^" j'^^j''"'''^
extend said track northerly, and connect the same, subject track and con-
to the provisions of the one hundred and ninety-first chapter ou\ cotonyTnd
of the acts of the year eighteen hundred and forty-five, and ^^ "^'Jd' Rau-
the two hundred and ninety-first chapter of the acts of the >"oads, &c., sub-
year eighteen hundred and fifty-seven, by suitable switch or '
switches, with the main tracks of the Old Colony and Fall
River, and Cape Cod Railroads, at the principal point of
connection between said Cape Cod, and Old Colony and
Fall River Railroads ; all such switches to Jbe so placed,
adjusted and used, as not to interfere with the convenient
use of its own road by the said Old Colony and Fall River
Railroad Company, and to be under its control : provided,
however, that if said Old Colony and Fall River Railroad

144

1858.~Chapter 171.

Limited to
Tisions of
act.

pro-
tliis

Compeusation.

Construction
act.

Company, shall, at any time hereafter, construct a second or
double track upon its said railroad, from Bridgewater to its
depot in Middleborough, and shall give said Middleborough
and Taunton Railroad Corporation, four months' notice in
writing, of its intention so to do, then said Middleborough
and Taunton Railroad Corporation shall, at the expiration
of said four months, cease to occupy and use the aforesaid
track of the said Old Colony and Pall River Railroad Com-
pany, which they are herein before authorized to use ; but
said Middleborough and Taunton Railroad Corporation shall
be entitled, instead thereof, to lay down and occupy, upon
any land of said Old Colony and Fall River, and Cape Cod
Railroad Companies, lying westerly of said second track,
and at a convenient distance therefrom, a new track, for the
same purposes and use, and of the same kind, as it shall,
under the authority of this act, have occupied and used
before such notice, and to connect the same with the main
tracks of the Old Colony and Fall River, and Cape Cod
Railroads, as nearly as may be, at the same point at which
it is herein before authorized to connect with said railroads.

Section 2. The said Middleborough and Taunton Rail-
road Corporation shall not enter upon, or connect with
either the said Old Colony and Fall River, or Cape Cod
Railroad, at any other point, or in any other manner, than
is in this act before provided.

Section 3. The Middleborough and Taunton Railroad
Corporation shall pay a reasonable annual compensation to
the Old Colony and Fall River, and Cape Cod Railroad
Companies for the use of their land, track, and such depot
and other accommodations, as said Middleborough and
Taunton Railroad Corporation has heretofore, or shall
hereafter enjoy ; and if said corporations shall not agree
upon the sums so to be paid, or upon the periods when the
main tracks of the Old Colony and Fall River Railroad are
to be used, as aforesaid, then either party may apply to the
supreme judicial court, for the appointment of commission-
ers, who shall determine the same, according to the pro-
visions of the one hundred and ninety-first chapter of the
acts of the year eighteen hundred and forty-five, the two
hundred and ninety-first chapter of the acts of the year
eighteen hundred and fifty-seven, and of this act.

Section 4. Nothing in this act contained shall be con-
strued to authorize either of the railroad corporations herein
named, to enter upon the main track or tracks of either of
the other of said corporations, with any locomotive, without
the consent of said other corporation, except for the purpose

1858.— Chapter 172. 145

of transferring the cars of one corporation from their rail-
road to tlie railroad of the other corporations.

Section 5. The several locations of the Middleborongh Locations con-
and Tannton, the Old Colony and Pall River, and tlie Cape deStions Tf
Cod Railroad Corporations are hereby confirmed; and said to^be flie"d '^°"^^*^
corporations, or either of them, are hereby authorized, at
any time within one year from the passage of this act, to
file new descriptions of the whole, or any part, of their
locations as the same now exist. Approved March 27, 1858.

An Act concerning the purchase and sale of spirituous and Chap. 172

INTOXICATING LIQUORS FOR TOWN AGENTS.

Be it enacted, §"c., as follows:

Section 1. Whoever may be appointed by the governor, Term of office of
by and with the advice and consent of the council, to pur- •=°'"°^'^^'°'^*''^-
chase and sell spirituous or intoxicating liquors to the several
agents appointed or to be appointed under the provisions
of chapter four hundred and seventy of the acts passed in
the year one thousand eight hundred and fifty-five, entitled
" An Act concerning the Purchase and Sale of Spirituous
or Intoxicating Liquors," shall hold office for the space of
one year from the date of his commission, or until a suc-
cessor shall be duly commissioned and qualified in his stead,
unless sooner removed by the governor.

Section 2. All spirituous or intoxicating liquors kept for Liquors to be
sale by the commissioner appointed for the purpose aforesaid, assayer!^ ''^ ^'''*^
shall be analyzed by one of the state assayers ; and such
commissioner shall sell no spirituous or intoxicating liquors
except such as one of said assayers shall, in writing, certify
to be pure : the expense of such analysis, which shall not
exceed one per cent, of the cost of the liquor, shall be paid
by the commissioner, and may be by him charged as part of
the cost of the liquor.

Section 3. In case of the death or removal of the com- commissioner's
missioner or person appointed for the purpose aforesaid, and chasfhisstock.'^'
the appointment of a successor, such successor shall pur-
chase his predecessor's stock of spirituous or intoxicating
liquors, which shall have been analyzed and certified as
aforesaid, to an amount not exceeding twenty-five per cent,
of his last year's sales.

Section 4. If the parties cannot agree upon the value of i" -^^se of dis-
the liquors so to be purchased, the same shall be fixed and of stock 'to be
determined by three persons, one to bo appointed by tlie l^!^ ^^ apprais-
person so purchasing, one by the person owning the liquors,
and the third Ijy the two so appointed ; and their award
shall be binding on the parties.

19

146 1858.— Chapter 172.

Commissioner to SECTION 5. TliG commissioiier or person appointed for the

to secretary of piirposG aforesaid, shall annually, on or before the fifteenth

Commonwealth. ^^^ ^^ Octobcr, report to the secretary of the Commonwealth

the amount of sales of liquors to the city and town agents,

in detail ; the cost thereof, his commissions, expenses and

profits thereon ; designating, also, the cities and towns which

shall not have made purchases of him. The account shall

be made up to the last day of the preceding month. It shall

be printed by the secretary and included with the public

series of documents and laid before the legislature.

Commissioner SECTION 6. Thc Dcrsou SO appointed is hereby authorized

may appoint ■ . o ^- ^ .• ii>xil c

agents in Boston, to appoiut, irom time to time, agents lor the sale oi pure
liquors to be used for chemical, mechanical, medicinal and
manufacturing purposes, within the city of Boston, with the
same powers and liabilities, and subject to the same obliga-
tions with the agents appointed by the selectmen of towns,
and the mayor and aldermen of cities, by the provisions of
section five of chapter two hundred and fifteen of the acts of
the year one thousand eight hundred and fifty-five ; and
such person shall appoint so many of such agents, not
exceeding five, as he shall think the interests of the citizens

ProTiso. of the city of Boston may require : provided, that the au-

thority of such agents shall not continue after the person by
whom they are appointed shall have ceased to hold office ;
and the persons so appointed shall sell such pure liquors
at the lowest cash market prices.

City and town SECTION 7. Evcry city and town agent, appointed accord-
agents to report . . ,i • • 7. i n ,i i p • •,

annually to secre- lug to the pi'ovisious ot law tor thc salc ot spirituous or

wealth^. *^°'"'"°'^" intoxicating liquors, shall annually, on or before the fifteenth
day of October in each year, make a return to the secretary
of the Commonwealth, of the amount and kind of liquors
purchased by him as such agent, with the date of each pur-
chase and the price paid for the same, together with the
name of the party of whom purchased ; and said returns
shall be kept on file in the secretary's office, and he shall not
be required to print the same.

Penalty. SECTION 8. Ally city or town agent failing to make such

return as is provided in the preceding section, shall forfeit
and pay a fine not exceeding one hundred dollars, to be
recovered by complaint or indictment, before any court
competent to try the same.

C'*y ^^.^ *«w» Section 9. The mayor and aldermen of every city, and

authorities to ap- ,t -• ^"^ . y~^ J J ^

point agents. the selectiiieii of every town in the Commonwealth, shall
annually, appoint an agent or agents for the sale of pure,
spirituous and intoxicating liquors for medicinal, mechanical,

1858.— Chapter 173. 147

manufacturing and chemical purposes, according to the
provisions of tlie law.

Section 10. This act shall take effect from and after its
passage. Approved March 27, 1858.

An Act supplementary to an act making appropriations for Q/idj) ]^73

THE MAINTENANCE OF THE GOVERNMENT DURING THE CURRENT "'
YEAR.

Be it enacted, §'c., asfolloics :

Section 1. The sums hereinafter mentioned are appro- Additional appro-
priated, and shall be allowed and paid out of the treasury Pri=^««'^«f«'^i858.
of this Commonwealth, from ordinary revenue, upon the
warrants of the governor, for the purposes specified, in
addition to the appropriations contained in chapter eleven
of the acts of the present year, to meet the current expenses
of the year ending on the thirty-first day of December, one
thousand eight hundred and fifty-eight ; that is to say :

For the mileage of representatives, additional, a sum not Jineage of repre-
exceeding one hundred dollars. sentatives.

For the compensation of the door-keepers, messengers and compensation of
pages of the senate and house of representatives, and of '^^•"^■^^^p^'^^'&<'-
such watchmen and fireman or firemen as may be employed
in the state house, in accordance with the provisions of cer-
tain acts passed at the present session, a sum not exceeding
seven thousand seven hundred dollars.

For expenses incurred under former laws, authorizing Expenses under
employment of messengers and watchmen in the state house, meSengJrsT&c?'
two hundred and five dollars.

For the authorized expenses of committees of the legisla- committees of
ture, a sum not exceeding three hundred dollars. legislature.

For the salary of the attorney for the county of Suffolk, Attorney for suf-
three thousand dollars. folk county.

For the salary of the assistant-attorney for the county of Assistant Att'y.
Suffolk, one thousand eight hundred dollars.

For the salary of the district-attorney for the eastern dis- Eastern District,
trict, one thousand five hundred dollars.

For the salary of the district-attorney of the northern Northern.
district, one thousand five hundred dollars.

For the salary of the district-attorney of the southern southern.
district, one thousand five hundred dollars.

For the salary of the district-attorney of the middle dis- Middle.
trict, one thousand three hundred dollars.

For the salary of the district-attorney of the south-eastern south-eastem.
district, one thousand dollars.

For the salary of the district-attorney of the western dis- western
trict, one thousand two hundred dollars.

148 1858.— Chapter 173.

North-western. For the salaiy of the district-attorney of the north-western

district, eight hundred dollars.
Land agent. ^qj. ^j^q salary of the land agent, one thousand dollars.

Office expenses. For thc incidental expenses of the office of the land agent,

a sum not exceeding fifty dollars.
Binding public For binding the " public" series of documents, a sum not

exceeding eight hundred dollars.
faw°"°^ ^^"""^ -^^^' printing such number, not exceeding one hundred
and fifty thousand, of the pamphlet edition of the general
acts ajid resolves of the present year, for distribution of one
copy thereof to each family, or each eight persons in the
Commonwealth, in accordance with the provisions of chapter
eighty-eight of the resolves of the year eighteen hundred
and forty-seven, and chapter eighty-nine of the resolves of
the year eighteen hundred and fifty, a sum not exceeding
six thousand dollars.
Printing blue For printing two thousand copies of the blue book edition
of the acts and resolves of the present year, with the gov-
ernor's messages and other matters in the usual form, but
not including the constitution, a sum not exceeding one
thousand dollars.
Printing report For printing eight thousand copies of the report of the
culture!^ °^ ^^"" hoard of agriculture, a sum not exceeding four thousand

five hundred dollars.
Publication of For tlic publicatiou of the general laws, and all other
general laws. information intended for the public, in accordance with the
provisions of chapter twen*ty-four of the resolves of the year
one thousand eight hundred and fifty-seven, three hundred
dollars.
Almshouses— For the current expenses of the state almshouses, for the

Bonfand'^Bridge- prcsBut ycar, uot provided in chapter eleven of the acts of
Tt'' Rainsford''is- ^"^^ prcscut ycar, the following sums, namely : state alms-
lajid. house at Tewksbury, a sum not exceeding thirty-six thousand

dollars ; state almshouse at Monson, a sum not exceeding
thirty-three thousand eight hundred and thirty-six dollars ;
state almshouse at Bridgewater, a sum not exceeding twenty-
eight thousand dollars ; and for the current expenses of the
hospital at Rainsford Island, for the remainder of the year,
not provided in chapter eleven of the acts of the present
year, a sum not exceeding seventeen thousand five hundred
dollars.

Alien commis- For tlic Compensation and expenses of the alien commis-
sioners and • T, 111^1 tji

agents. sioucrs, aud agents employed by them accordmg to law, a

sum not exceeding seven thousand dollars.
aUeT' M^sen'^ers ^^^^ ^^^'^ compeusatiou and expenses of the superintendent

1858.— Chapter 173. 149

of alien passengers, a sum not exceeding seven thousand
dollars.

For the expenses of the adjutant and quartermaster- Adjutant-generai
general's department, a sum not exceeding four thousand
dollars.

For military bounty, a sum not exceeding thirty-nine Military bounty,
thousand seven hundred dollars.

For military accounts, a sum not exceeding five thousand Military accounts
one hundred and eighty-five dollars.

For the rent of armories, a sum not exceeding twelve Rent of armories.
thousand dollars.

For the salaries of the judges of probate, as they are -Tudges of pro-
established bylaw, for six months, a sum not exceeding
three thousand five hundred and sixty-two dollars and fifty
cents.

For the salaries of the judges of insolvency, as they are Judges of insoi-
established by law, for six months, a sum not exceeding five ^^°''^"
thousand two hundred and twenty-five dollars.

For the salaries of the registers of probate, as they are j^^g^*®'^ °*'p'"°"
established by law, a sum not exceeding twelve thousand
and fifty dollars.

For the salaries of the registers of insolvency, as they are Registers of in-
established by law, a sum not exceeding ten thousand four ^'^ ^^°''^'
hundred and seventy-five dollars.

For the salaries of the judges of the new courts of probate judges of probate
and insolvency, for six months, a sum not exceeding seven '^^'^ n^soiveucy.
thousand nine hundred and fifty dollars.

For the compensation and expenses of the board of in- insurance com-
surance commissioners, a sum not exceeding four thousand
dollars : provided, that no part of said sum shall be paid Proviso,
for services rendered or expenses incurred by said commis-
sioners subsequent to the first Wednesday of January, in
the present year, in the preparation of their third annual
report.

To reimburse to the treasurers of the several counties, criminal prosecu-
two-thirds of the costs of criminal prosecutions, in the man-
ner prescribed by law, a sum not exceeding one hundred
and fifty thousand dollars.

For the compensation of the messenger to the governor Messenger.
and council, eight hundred dollars.

For the compensation of the assistant-messenger to the Assistant do.
governor and council, three hundred and sixty-five dollars.

For the compensation of the copyists and assistants copyists on piy-
employed upon the New Plymouth Records, in the ofiice of ™°"
the secretary of the Commonwealth, during the month of

150 1858.— Chapter 174.

January, one thousand eight hundred and fifty-eight, a sum
not exceeding seven hundred dollars.
Blanks for cities YoT the purcliase, bv the secretary of the Commonwealth,

and towns. c i t i n n • • -t • ^ • ■

01 blanks for the use oi cities and towns, m the registration
of births, marriages and deaths, a sum not exceeding three
hundred and seventy-five dollars.

state prison. Yov tlic support of the Massacliusetts State Prison, in

addition to the ordinary receipts of the institution, a sum
not exceeding fifteen thousand dollars.

Courts of insoi- For ccrtaiii expenses of the courts of insolvency, autho-

Tency. pizcd by scctioii twenty-three of chapter two hundred and

eighty-four of the acts of the year one thousand eight hun-
dred and fifty-six, including unpaid accounts of the past
year, or similar accounts for the new courts of probate and
insolvency, a sum not exceeding three thousand dollars.

Repairs of state for further repairs and improvements of the state house
and furniture thereof, and in the grounds connected there-
with, to be expended under the supervision of the commis-
sioners of the state house, in accordance with the pro-
visions of chapter sixty-five of the acts of the year one
thousand eight hundred and fifty-seven, a sum not exceed-
ing sixteen hundred dollars.

Fees of witnesses. SECTION 2. Thc appropriation for fees of witnesses con-
tained in chapter eleven of the acts of the present year, may
be applied, so far as may be necessary, to pay the expenses
of taking depositions in cases where they were ordered or
authorized by committees ; subject to the same conditions as
are attached to said appropriation in said chapter eleven.

Contingent ex- SECTION 3. Tlic appropriation for contingent expenses of

cu°&c.°^ '^°"'' the council, senate and house of representatives, contained
in chapter eleven of the acts of the present year, may be
applied to pay any necessary expenses in and about the
state house, including repairs ; and not more than fifty
dollars thereof may be applied to pay necessary expenses in
or about the house numbered twelve in Hancock Street in
the city of Boston ; the whole appropriation being subject
to the conditions attached thereto in said chapter eleven.
Section 4. This act shall take effect from and after its

passage. Approved March 27, 1858.

Chap. 174 -^N ^CT TO AUTHORIZE THE GRANITE RAILWAY COMPANY TO HOLD A
MEETING FOR THE CHOICE OF OFFICERS.

Be it enacted, ^'c, as follows :
Any justice for SECTION 1. Ally justicc of tlio pcacc for Norfolk county
may call a m°e^ Hiay Call a mccting of the stockholders of the Granite Rail-
ing, &8. ^yjj^y Company, first giving five days' notice to each stock-

1858.— Chapter 175. 151

holder, of the time, place, and purposes of holding the ^^^^^^^'g^^°''
meeting. At such meeting it shall be lawful to choose all
officers of the corporation, who shall hold their offices until
the expiration of one year, and until others shall be legally
chosen in their place ; and to ratify, approve and adopt any
or all past acts of persons who have heretofore acted as
agents or officers of said corporation.

Section 2. Any person who has acted as clerk of said to^truTh^of^r^
company, and kept a record of their meetings or doings, may cord, &c.
append to such record his certificate, under oath, that the
same is true ; and the same shall thereupon have the same
force and effect, and be admissible as evidence, as fully
as if such person had been duly sworn, and had recorded
his oath as clerk at or prior to the time of the making of
such record.

Section 3. This act shall not affect any action now com- ^g°^^j, 'guitg^l,^,,*
menced, nor any rights now held or acquired by any other
corporation or person.

Section 4. This act shall take effect from and after its
passage. Approved March 27, 1858.

An Act to amend " an act to protect the rights and liberties Chap. 1 75

OF the people of the commonwealth of MASSACHUSETTS."

Be it enacted, ^'c, asfoUoios:

Section 1. No person holding any judicial office under no person hoid-
the laws of the United States, or the office of commissioner mfdir'^'Taws^^^of
of the circuit court of the United States, shall hold any iVold'olnfo'^unde?
iudicial office under the constitution and laws of this Com- laws of tuis state,

11 1 n • • n ^ 111 except, &c.

monwealth, except that oi justice ot the peace : nor shall
any justice of the peace, while holding the office of a
commissioner of the United States circuit court, have
authority to grant any warrant or to issue any process, civil
or criminal, other than summonses to witnesses, or to hear
and try any cause, civil or criminal, under the laws of this
Commonwealth.

Section 2. The penalties prescribed by the fifteenth and Penalties not to
sixteenth sections of the four hundred and eighty-ninth obedience™ fcc*"^^
chapter of the acts of the year eighteen hundred and fifty-
five, shall not apply to any act of military obedience and
subordination performed by any officer or private of the
militia of this Commonwealth.

Section 3. The tenth, eleventh, twelfth, thirteenth and Repeal,
fourteenth sections of the four hundred and eighty-ninth
chapter of the acts of the year one thousand eight hundred
and fifty-five, are hereby rc[»ealed. Approved March 27, 1858.

152 1858.— Chapters 176, 177.

Chap. 176 -^^ ■^^'^ '^O ALLOAV THE PKESIDENT AND FELLOWS OF HARVARD COL-
LEGE TO RESIGN THEIR TRUSTS CONCERNING THEOLOGICAL EDUCA-
TION, AND THE MAINTENANCE OF A THEOLOGICAL SCHOOL.

Be it enacted, §r., as follows :
Officers author- SECTION 1. The president and fellows of Harvard College,
trusts for mam° wltli the consent of the board of overseers, are hereby
iogkaischoo*L^°" authorized and empowered to resign the trusts heretofore
assumed or accepted by them, for the establishment, main-
tenance or support of a theological school, as a department
of the said college, or for the encouragement, support or
compensation of the teachers, professors, officers or students
of such theological school, or for the support of theological
education in said college, or any of the same.
Supreme judicial SECTION 2. Tlic suprcmc judicial court, sitting in equity,
to^receite resfg- withiu and for cithcr of the counties of Suffolk or Middlesex,
poiurnew'^trus- is authorizcd and empowered, upon the petition of said
*«es. president and fellows of Harvard College, with the consent

of the board of overseers, to receive and accept such resig-
nation, and thereupon to appoint, "The Society for the
promotion of Theological Education," or any other suitable
person or persons, or corporation, as the trustee or trustees
in the place of the said president and fellows of Harvard
College, and to pass all suitable orders and decrees to
transfer to the trustee or trustees so appointed, all the funds
and property now held by the said president and fellows of
Harvard College, in trust, for the support of a theological
school, or the officers, teachers or students thereof, or for
the support or promotion of theological education in said
college, and to provide for the due custody and administration
thereof, as nearly as possible, according to the will of the
donors.
How coustrued. SECTION 3. Tlus act sliall uot bc construed to authorize
the transfer, to any new trustee or trustees, of any funds
which have heretofore been used, bequeathed or given, in
whole or in part, for the education of undergraduates.

Approved March 27, 1858.

Chap. 177 -^ -^CT FOR THE BETTER ESTABLISHMENT OF THE BOARD OF INSUR-
ANCE COMMISSIONERS.

Be it enacted, §'t'., as folloios :

Board to consist SECTION 1. Thc board of insurance commissioners shall

of two comtnis- ■, ^. • , n , • • i i n

sioners.— Salary, hcreaiter consist 01 two commissioners, who shall receive an
annual salary of fifteen hundred dollars each, payable in
quarterly instalments, on the first days of January, April,
July and October, respectively, in lieu of the jte?- diem com-
pensation and clerk hire, authorized bv the fourth section

1858.— Chapter 177. 153

of the one hundred and twenty-fourth chapter of the acts of
the year eighteen hundred and fifty-five.

Section 2. It shall be the duty of said commissioners Duties of commia-
to visit and examine, whenever they shall deem it necessary, *"°"®'^'^-
any insurance company, or loan fund association, in this
Commonwealth ; and it shall be their duty so to do when-
ever they shall be requested, in writing, by five persons,
each of whom is either a stockholder, or a creditor, or is in
some way pecuniarily interested in said company or asso-
ciation ; and it shall be the duty of said commissioners to
calculate the existing value, on some day in every year,
designated by them, of all outstanding policies of life insur-
ance, 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. All companies making insurance
upon lives, or their agents, in this Commonwealth, shall
furnish to the commissioners an attested statement, certified
in the same manner in which their returns are now required
to be certified, setting forth in form the number, date and
amount of each policy, and the age of the insured at the
period of its date ; in default whereof the said companies,
or their agents, shall be liable to the same penalties as are
imposed by law, for neglect to make returns.

Section 3. All acts and parts of acts inconsistent with
this act, arc hereby repealed. Approved March 27, 1858.

20

RESOLVES,

GENERAL AND SPECIAL

Resolve IN FAVOR OF LAW LIBRARY ASSOCIATIONS. Chap. 1.

Resolved, That the secretary of the Commonwealth be, secretary to fur-
and he is hereby authorized to furnish upon application, uw^ to'^iibraries.
one copy of the acts and resolves passed by the general
court, and also one copy of such volumes of the special laws
of the Commonwealth, as he may have in his possession,
not otherwise appropriated or required for the use of the
Commonwealth, to the Social Law Library, located in the
county of Suffolk ; and also, to each law library associa-
tion, which shall have been duly organized in conformity
with the ninety-fourth chapter of the acts of the year
eighteen hundred and forty-two, or the one hundred and
eighty-fourth chapter of the acts of the year eighteen hun-
dred and fifty-six. Approved February 23, 1858-

Resolve relating to the state' library. Chap. 2.

Resolved, That the trustees and librarian of the state Trustees to pur-
library be, and they hereby are authorized to expend, in &cTfrom appro-
procuring furniture and other necessary conveniences for P"a"on8.
the library, such part as they may judge proper of the
annual appropriation for the support of the library, provided
by law. Approved Felruanj 24, 1858.

Resolve to authorize the payment of certain lost coupons, fL^y. Q

DUE OCTOBER FIRST, ONE THOUSAND EIGHT HUNDRED AND FIFTY- i^' ' '

SEVEN.

Resolved, That the treasurer of this Commonwealth be, Treasurer to pay
and he hereby is authorized to pay to the president, merce $425.°°"
directors and company of the Bank of Commerce, in Boston,
the sum of four hundred and twenty-live dollars, being the
amount of interest due on the first day of October, one
thousand eight hundred and fifty-seven, expressed in seven-

156

1858. — Chapters 4, 5, 6.

Commissioners to
establish boun-
dary line.

teen coupons, numbered one to seventeen inclusive, attached
to scrip issued in the year one thousand eight hundred and
Proviso. fifty-four : provided, that said president, directors and

company shall first give to the treasurer a sufficient bond
to indemnify the Commonwealth against any loss or damage
by reason of such payment. Approved February 26, 1858.

Chap. 4. Resolves in relation to town lines between the towns of

MARION AND WAREHAM.

Resolved, That three 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 Marion and Wareham,
of the time and place appointed for hearing the parties, to
establish the boundary line, now in dispute between the
towns of Marion and Wareham, and duly report the same.
Expenses Resolvcd, That the said towns of Marion and Wareham

shall be required to defray the costs of said commission,
each of said towns paying one4ialf of the same.

Approved March 6, 1858.

Chap. 5. EeSOLVE on the PETITION OF JAMES LAWRENCE AND OTHERS.

oouveyances Rssolved, Ou thc pctitiou of James Lawrence and others,

tor^confirmed. and for tlic rcasous set forth therein, that the conveyances
made by the executors of the will of Abbott Lawrence, of
certain real estate to Edward S. Rand, by eight several
deeds, all bearing date the eighteenth day of August, in the
year eighteen hundred and fifty-seven, and recorded in
Suftblk registry of deeds, and the several conveyances by
the said Rand, by deeds annexed thereto, to the said James
Lawrence, T. Bigelow Lawrence and Abbott Lawrence, and
to James Lawrence, Benjamin S. Rotch, Charles H. Parker,
T. Bigelow Lawrence and Abbott Lawrence, as trustees for
James Lawrence, T. Bigelow Lawrence, Abbott Lawrence,
Annie B. Rotch and Katharine B. Lowell, which convey-
ances were made in part satisfaction and payment of certain
specific legacies, given in and by the said will, be, and the
same are hereby confirmed. Approved March 6, 1858.

Chap. 6. Resolve on the petition of the new north religious society.

Society author- Rssolved, That the New North Religious Society are

rell ertate?"''^''^^ hcrcby authorized and empowered to convey in mortgage,

for the purpose of raising a sum not exceeding ten tliousand

dollars, to defray the debts and liabilities of said society, all

or any part of that real estate, situate in the city of Boston,

1858.— Chapters 7, 8, 9. 157

which they hold through mesne conveyances, under the deed
of Thomas Hutchinson to the deacons of their church, dated
the fourth day of February, in the year one thousand seven
hundred and seventeen, and recorded in the Suifolk registry
of deeds, book thirty-two, page two hundred and twenty, —
discharged from any and all conditions and trusts declared
and contained, or supposed to be declared and contained in
the deed aforesaid, or in any other deed or deeds through
which they have derived their title to said real estate :
provided^ hoivever, that this resolve shall, within one year Proviso.
from its passage, be accepted and the conveyance aforesaid
authorized by said society, at a meeting legally notified and
called for that purpose. Approved March 11, 1858.

Resolve in favor of the Massachusetts school for idiotic Chap. 7.

AND FEEBLE-MINDED YOUTH.

Resolved., That the sum allowed to the treasurer of the «v,5oo appropri-
Massachusetts School for Idiotic and Feeble-Minded Youth, ^'"^ '"' '''''''''

year.

according to chapter forty-four of the resolves of the year
one thousand eight hundred and fifty-one, be increased for
the current year to the sum of seven thousand five hundred
dollars, which shall be used and applied according to the
conditions of said forty-fourtli chapter.

Approved March 11, 1858.

Resolve in favor of the Massachusetts charitable eye and Chap. 8.

EAR infirmary.

Resolved, That the sum of twenty-five hundred dollars »2,5oo expended
be, and the same is hereby allowed from the treasury of the of trusteer*' '""
Commonwealth, to the Massacluisetts Charitable Eye and
Ear Infirmary, to be expended during the current year,
under the direction of the trustees, for the charitable pur-
poses of said infirmary : provided, that the said trustees Proviso,
report to the legislature, during the month of January next,
the manner in which this appropriation has been expended.

Approved March 12, 1858.

Resolve on the petition or john mograth. Chap. 9.

Resolved, For reasons set forth in said petition, there be »25otojohnjic
allowed and paid out of the treasury of tlie Commonwealth,
to John McGrath, of Worcester, the sum of two hundred
and fifty dollars as a gratuity from the state for injuries
received by him in the state lunatic hospital at Worcester.

Approved March 16, 1858.

158 1858.— Chapters 10, 11, 12.

Chap. 10. Resolve in favor of the state board of agriculture.

564,000 appropri- Rcsolved. That the sum of four thousand dollars be
allowed to the State Board of Agriculture, subject to the
drafts of the treasurer of said board, to enable said board to
execute properly its contract with the trustees of the State
Reform School, and for the purchase of stock and necessary
improvements on the farm ; wliich sum of four thousand
dollars, or such portion thereof as may be found necessary,
shall be expended as follows, to wit : To pay the trustees of
the State Reform School for the labor of the boys, a sum
not exceeding two thousand dollars ; to purchase cows and
other live stock, a sum not exceeding one thousand dollars ;
to pay for laying walls, furnishing the grounds intended for
a garden, setting out an orchard, paying the institution for
offal, and other current expenses, a sum not exceeding one

Proviso. thousand dollars : provided, that no part of said sum of

four thousand dollars, shall be expended in improvements
or on contracts which will require a further expenditure for
their completion. Approved March 16, 1858.

Chap. 1 1. Resolve in favor of the city of avorcester.

.?i64.82 to the Resolved, That there be allowed to the city of Worcester,
from the treasury of the Commonwealth, tlie sum of one
hundred and sixty-four dollars and eighty-two cents, to
reimburse to said city the amount paid to the state lunatic
hospital at Worcester, for the support of Frances Collison,
from June first, eighteen hundred and fifty-three, to Decem-
ber first, eighteen hundred and fifty -four, and for the support
of Ann Smith from April fourteenth to June first, eighteen
hundred and fifty-four ; both of whom were subsequently
ascertained to be state paupers. Approved March 17, 1858.

Chap. 12. Resolve to provide for the destruction of certain cancelled

SCRIP.

Treasurer autho- Resolved, That tlic trcasurcr of this Commonwealth is
scrip, &c/^ "^"^ hereby authorized and directed, in the presence of the
auditor, and of any committee of the council who may be
appointed for the purpose of witnessing the same, to destroy
the scrip or certificates of debt bearing interest at the rate
of five per cent, per annum, made by authority of chapter
one hundred and thirty-four of the acts of the year one
thousand eight hundred and fifty-four ; new scrip, bearing
interest at the rate of six per cent, per annum, having been
issued in lieu thereof, b}'^ authority of chapter two hundred
and forty-four of the acts of the year one thousand eight

1858.— Chapters 13, 14. 159

hundred and fifty-seven ; and said treasurer, auditor and
committee, or a major part of them, shall thereupon certify
the fact that said scrip has been destroyed, and their certi-
ficate shall be preserved in the office of the treasurer.

Approved March 19, 1858.

Resolves authorizing the treasurer to borrow money in CJlCip. 13.

ANTICIPATION OF THE REVENUE.

Resolved, That all notes which may hereafter be given Notes to be signed
for money borrowed in anticipation of the revenue, shall be proveV b"Vov-
signed by the treasurer, approved by the governor, and te°s'igned'*by°aS-
countersigned by the auditor ; and no note hereafter given '^'"''■•
shall be valid unless it is thus signed, approved and coun-
tersigned.

Resolved, Tliat chapter ninety-nine of the resolves of the r-epeai.
year one thousand eight hundred and fifty-seven, is hereby
repealed : provided, that this repeal shall not affect the Proviso,
validity of any notes given in accordance with its provisions
prior to the passage of these resolves.

Resolved, That the treasurer be, and he hereby is autho- Treasurer autho-
rized to require oi the several banks m this Commonwealth, of bani^s, &c.
a loan of such sum or sums of money as may, from time to
time, be necessary for the payment of the ordinary demands
upon the treasury, within the current year ; or he may
borrow in like manner, of individuals or corporations ; and
he shall repay any sum which he may borrow, as soon as
money sufficient for the purpose, not required for any other
purpose, shall be received into the treasury : provided, that
the whole amount of the temporary loan authorized l)y this
resolve, and previous resolves, shall not at any time exceed
five hundred thousand dollars. Approved March 23, 1858.

Resolves in relation to the distribution of the new Plymouth Chap. 14.

RECORDS.

Resolved, That in lieu of the manner heretofore provided Distribution of
for distributing the eight hundred printed copies of the tary*^"* jysecre-
several volumes of the New Plymouth Records, the follow-
ing distribution is hereby established, and shall be made by
the secretary of the Commonwealth ; that is to say :

One copy to every city and town in the Commonwealth ;

One copy to each registry of deeds, to be preserved witli
the public records ;

One copy to each county law library ;

One copy to each of the States and Territories of the
Union ;

One copy to the department of State of the United States ;

160

1858. — Chapter 15.

Aceount to be
kt'pt.

Repeal .

Chap. 15.

JPTO.IO to thf-
town of Chilniaik

One copy to the library of Congress ;

One copy to the Smithsonian Institution ;

One copy to the governor of this Commonwealth ;

One copy to the lieutenant-governor ;

One copy to the secretary of the Commonwealth ;

One copy to the president of the Senate, and one copy to
the speaker of the Plouse of Representatives ;

One copy to each of the justices of the supreme judicial
court of tliis Commonwealtli ;

One copy to the president of tlie United States ;

Twelve copies to the trustees of the state library, to be
used for international exchanges ;

One copy to the Pilgrim Society ;

One copy to the Boston Athenasum ;

One copy to each incorporated college, and to each law
school and each theological seminary in this Commonwealth ;
one copy to each incorporated and free public library, and
each incorporated historical and antiquarian society, (not
already supplied,) within the Commonwealth: and the
residue shall remain in the custody of the secretary of the
Commonwealth, to be sold at a reasonable price, fixed by
him, to any person or persons or institutions who may wish
to purchase the same ; and tlie proceeds of such sales shall
be paid into the treasury of the Commonwealth.

No city, town, registry, state, territory, department,
library, institution, society, college or person to whom the
records have been distributed under a former resolve, shall
receive the same by virtue of the provisions of this resolve.

Resolved, That an exact account shall be kept by the
secretary of the receipt and distribution of all the copies of
said Records ; and an annual statement of the account shall
be submitted to the legislature.

Resolved, That so much of the resolves of the year one
thousand eight hundred and fifty-five, chapter nineteen,
and of the resolves of the year one thousand eight hundred
fifty-seven, chapter one hundred and seven, as is inconsist-
ent witli the provisions of these resolves, is hereby repealed.

Ap])roved March 23, 1858.

Resolve in favor of the town op chilmark.

Resolved, That there be allowed to the town of Chilmark,
from tlie treasury of the Commonwealth, the sum of seventy
dollars and nineteen cents, to reimburse the expenses
incurred by that town in the support of Prince Johnson and
family, members of the Gay Head tribe of Indians.

Aj^proved March 24, 1858.

1858.— Chapters 16, 17, 18, 19. 161

Resolve for the payment of the commissioners on boston Chap. 16.

HARBOR. '

Resolved., That there be allowed and paid out of the $1,597.25 tocom-
treasury of the Commonwealth, to S. S. Lewis and Ezra survey"of Boston
Lincoln, commissioners on survey of Boston Harbor, acting ^^'■''"''•
under Resolve of April seventh, eighteen hundred and
forty-seven, the sum of fifteen hundred and ninety-seven
dollars and twenty-five cents, in full payment of expenses
and services rendered under said resolve.

Approved March 24, 1858.

Resolve in relation to inmates of state almshouses. Chap. 1 7.

Resolved, That the superintendents of the state alms- inmates to have
houses be, and hereby are directed to permit the inmates of o^^^ reiigiouJ
the said institutions to receive the ministrations of clergy- ^*'*^'
men of their own religious faith, under such regulations as
the inspectors of the same may, from time to time, agree
upon for the purpose of preserving proper order and disci-
pline. Apjwoved March 25, 1858.

Resolves ON THE petition OF darius a. martin. Choj). lo.

Resolved, That for the reasons set forth in the petition of n^e^To'^ageti
Darius A. Martin, he is hereby empowered and authorized certain uquors.
to deliver up to the agent appointed under tlie act entitled
" An Act concerning the Purchase of Spirituous and Intox-
icating Liquors for Town Agents," certain spirituous and
intoxicating liquors held by him as a public ofticer described
in said petition ; and that said agent thereupon cause to be j^senyo destroy
destroyed all of such liquors : provided, Iioivever, that if Proviso.
any of the same are, in the judgment of said agent, of
sufficiently pure quality for the purposes set forth in said
act, he shall allow the fair value of such portion thereof,
and of the casks and vessels containing said liquor, and pay
over the same into the treasury of the Commonwealth.

Resolved, That upon filing an affidavit of his surrender Affidavit to be
of all said liquors as provided above, the auditor of the tor 'may aiiow
Commonwealth be authorized to allow the said Martin such *ioo for expenses
amount of his bill for charges and expenses in the custody
and storage thereof, as may by him be deemed reasonable
and just, not exceeding the sum of one hundred dollars.

Ajjproved March 25, 1858.

Resolve on the petition of william l. bemis. Chap. 19.

Resolved, That there be allowed to William L. Bemis, of $50 to wiiiiam
Springfield, the sum of fifty dollars in indemnification for
21

162 1858.— Chapters 20, 21, 22, 23, 24.

certain expenses incurred by him, while acting as a justice
of the peace, under the provisions of chapter three hundred
and twenty-two of the acts of the year one thousand eight
hundred and fifty-two, entitled " An Act concerning the Man-
ufacture and Sale of Spirituous or Intoxicating Liquors."

Apiwoved March 26, 1858.

Chap. 20. Resolve in relation to the state industrial school for girls.

»40o appropriat- Rcsolvecl, That the sum of four hundred dollars be, and
Tand*" P"'"''''*"^ the same is hereby allowed, to be applied by the trustees of
the State Industrial School for Girls, at Lancaster, for the
purpose of purchasing a lot of land, containing about six
acres, the same to be conveyed to the Commonwealth for
the use of said school. Approved March 26, 1858.

Chap. 21. Resolve in favor of albert h. nelson, late chief justice op

THE SUPERIOR COURT OF THE COUNTY OF SUFFOLK.

$1,734 to Albert Resolved, That for reasons set forth in the message of
H. Neuon. ^j^^ govcmor in this behalf, there be allowed out of the
treasury of the Commonwealth, to Albert H. Nelson, late
chief justice of the superior court of the county of Suffolk,
the sum of seventeen hundred and thirty-four dollars, to be
disbursed in the discretion of the governor.

Approved March 26, 1858.

Chap. 22. Resolve concerning rainsford island hospital.

$2,43605 to Resolved., That the sum of two thousand four hundred

fioipHai^ ^''*°'^ and thirty-six dollars and five cents be and is hereby allowed

to the inspectors of the Rainsford Island Hospital, for the

purpose of discharging the debt incurred in building a pier

and pier head at said island. Approved March 26, 1858.

Chap. 23. Resolve on the petition of alfred flanders.

$154.73 to Alfred RcsoIved, That there be allowed and paid from the
Flanders. trcasuiy of thc Commonwealth, to Alfred Flanders, con-

stable of the town of Salisbury, the sum of one hundred
and fifty-four dollars and seventy-three cents, to defray the
expenses of defending a suit agahist himself, as such officer,
as stated in his petition. Ajijn-oved March 26, 1858.

Chap. 24. Resolve in favor of barnard c. marchant.

$69 to Barnard Resolved, That thcrc be allowed and paid out of the
treasury of the Commonwealth, to Barnard C. Marchant,
guardian of the Christiantown and Chappequiddic Indians,
the sum of sixty-nine dollars, for the board and burial
expenses of Margaret Peters, a member of the Chappequiddic

1858.— Chapters 25, 26, 27. 163

tribe, who died March first, eighteen hundred and fifty-
seven. Approved March 2Q, 1858.

Resolve in relation to professor Hitchcock's geological Chat). 25

REPORT. ^

Resolved, That one thousand copies of Professor Hitch- i,ooo copies to
cock's Geological Report on the Sandstone of the Connec- peuse"of^ 'com-
ticut Valley, authorized to be printed by chapter eighty-three ™°'i^^'^"'*-
of the resolves of the year one thousand eight hundred and
fifty-seven, be printed at the expense of the Commonwealth,
under the direction of the committee on the library ; and Distribution.
that, in addition to the distribution already authorized,
one hundred copies of said report be given to Professor
Hitchcock, three copies to the state library, and twelve
copies to the trustees of the state library, to be used for the
purpose of international exchanges. Approved March 26, 1858.

Resolves for the appointment of a special joint committee Qhnn '>(-)

ON PUBLIC charitable INSTITUTIONS. "' ^ *

Resolved, That a joint committee, consisting of two how appoiut^d.
members on the part of the senate, and three members of ^"*'®^ °^'
the house of representatives, be appointed to hivestigate the
whole system of the public charitable institutions of the
Commonwealth, and to recommend such changes, and such
additional provisions, as they may deem necessary for their
economical and efficient administration.

Resolved, That for the purposes above named, the com- when to sit and
mittee shall be authorized to sit in the recess, with full '''^'°'^''
power to examine said institutions and send for persons and
papers, if it shall be found necessary so to do ; and the said
committee shall make a full report thereon to the next

legislature. Approved March 26, 1858.

Resolve in favor of the dudley, troy and marshpee Indians. Chap. 27.
Resolved, That there be allowed from the appropriation $1,150 appro-
for Indians, contained in chapter eleven of the acts of the poH*of*^certein
present year, as follows: To the guardian of the Dudley ^ites of Indians,
Indians, a sum not exceeding five hundred dollars, for the
support of said Indians from February first to December
thirty-first, in the year eighteen hundred and fifty-eight,
and in addition thereto, his salary at the rate of one hun-
dred dollars per annum : to the guardian of the Troy
Indians, a sum not exceeding four hundred dollars, for the
support of said Indians from January first to December
thirty-first, in the year eighteen hundred and fifty-eight,
and for his salary during that time the further sum of fifty

164

1858.— Chapters 28, 29.

dollars : to the treasurer of the Marshpee Indians, a sum
not exceeding one hundred dollars, for the support of cer-
tain paupers of that tribe. Approved March 26, 1858.

Chap. 28.

Congress request-
ed to direct a sur-
vey, &c.

Resolves in relation to a scientific survey of boston harbor.

Preamble. Wkeretts, It is essentially necessary for commercial

nations to maintain good and sufficient harbors, for the
security of vessels engaged in their foreign and coasting
trade, and for the accommodation of their navy ; therefore
it is of the first importance that every means should be
adopted to protect and preserve the harbors on our coast :
and ivhereas, the great facilities of the harbor of Boston for
these several purposes, render it the imperative duty of the
legislature to use every means in its power to perpetuate
and preserve the said harbor in its present condition and
usefulness ; therefore,

Resolved, That the congress of the United States be
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,
or as soon as may be, in the execution of that duty, with
full powers to receive evidence, and to make all needful
inquiries to enable it to present in its report well defined
views of the character and condition of the harbor, and the
means of preserving and improving the channels of the
same, which can be made a reliable basis for all future
legislative action, with reference to structures that may, at
any time hereafter, be projected about its shores and
estuaries.

Resolved, That his excellency the governor be requested
to transmit a copy of the foregoing preamble and resolution,
to the senators and representatives of Massachusetts in the
congress of the United States, with a request to them that
they will use all honorable means to procure the legislation
therein recommended. Approved March 26, 1858.

Chap. 29. Resola'-e in aid of the erection of a fence around fort avash-

INGTON.

Transmission
resolves.

$2,000 appro-
priated.

Proviso.

Resolved, That the sum of two thousand dollars be, and
the same is hereby allowed, for the erection of an iron fence
around Fort Washington, in the city of Cambridge : pro-
vided, the city of Cambridge shall appropriate a sum suffi-
cient to complete said fence, at a cost of not less than four
thousand dollars, the whole to be expended under the
direction of the adjutant-general, in connection with a com-
mittee of the city council^ of the city of Cambridge ; and

1858.— Chapters 30, 31, 32, 33. 165

further provided, that said Fort Washington shall always be Provided, fur-
accessible to the public, and that said city of Cambridge ^^^'''
shall always keep the fence proposed to be built in good
repair ; and the governor is hereby authorized to draw his
warrant therefor accordingly. Approved March 26, 1858.

Resolve granting aid for the suppression of counterfeiting Chap. 30.

BANK bills and COIN.

Resolved, That a sum not exceeding one thousand five «i,5oo appro-
hundred dollars be granted the present year, out of the p"*^*^*^-
treasury of the Commonwealth, to the association of banks
for the suppression of counterfeiting, in this Commonwealth,
for the purpose of the prevention and detection of the crime
of making or tendering in payment as true, counterfeit
bank bills, or counterfeit gold and silver coins ; and that the
governor be authorized to draw his warrant accordingly,
from time to time, for such sums, not exceeding one thou-
sand five hundred dollars, as shall be equal to one-third of
the sum which said association shall certify, and prove to
the governor, to have been raised and judiciously expended
by said association for the purposes above specified.

Approved March 26,^1858.

Resolve in favor of william h. ela. Chap. ol.

Resolved, That in consequence of the injuries received »3.5oo to wiiuam
by William H. Ela from the soldiery and police, in the city
of Boston, on the second day of June, in the year eighteen
hundred and fifty-four, the sum of thirty-five hundred dol-
lars be granted to said Ela, to be paid over to him, or
invested for his use, under the direction of the governor.

Approved March 26, 1858.

Resolve in favor of william h. luce. Chap. 32.

Resolved, That there be allowed from the treasury of the »3i.75 to^wu-
Commonwealth, to William H. Luce, of Tisbury, for medi-
cal services rendered to Prince Johnson, an Indian and state
pauper, thirty-one dollars and seventy-five cents.

Aj)proved March 27, 1858.

Resolve regarding railroad facilities for filling back bay. Chap. 33.

Resolved, First, That any parties contracting to fill up May contract for
any lands and flats of the Commonwealth, and other owners, teauaporrmate"
under the sanction of the commissioners on the Back Bay, "*^^' *^*'-
are authorized to contract with any railroad corporation, by
which steam-power is used, for the use of any portion of its
road or location, for the transportation of materials over the

166 1858.— Chapters 34, 35.

same ; and any such corporation may contract with said
parties for the use of any road that may be by them legally
constructed, and for the transaction by them of business
thereon, for the purposes of said corporation, so long as the
same is being used for the transportation of materials by
Proviso. said parties under their contracts, and no longer : provided^

that nothing contained in this resolve shall be construed to
authorize the doing any thing which affects the legal rights
of any of the owners of lands or flats in the Back Bay.
Resolve of 1855 Resolved, Sccoudly, That chapter sixty of the acts and
'•men e . resolvcs of tlic year eighteen hundred and fifty-five, being

" Resolves in favor of giving additional power to the com-
missioners on Boston Harbor and Back Bay," be amended
by inserting after the word " thereon " and before the word
" lay," in the sixth line of the second resolve, the words
" or on and over any other portions of the lands and flats
in and of said Back Bay." Approved March 27, 1858.

Chap. 34. Resolve on the petition of john Rhodes.

S152.58 to John Resolvcd, That for services rendered and moneys paid
uhodes j^^ ^YiQ prosecution of his petition before this general court

against Abraham G. Randall, for official misconduct as a
justice of the peace for the county of Worcester, there be
allowed and paid from the treasury of the Commonwealth,
to John Rhodes, of Millbury, in the county of Worcester,
one hundred and fifty-two dollars and fifty-eight cents.

Approved March 27, 1858.

Chap. 35. Resolve in favor of horace i. hodges.

$225 to Horace I. Resolved, That for reasons set forth in his petition, there
Hotiges. Ijq allowed and paid out of the treasury of the Common-

wealth, to Horace I. Hodges, of Northampton, judge of the
court of insolvency for the county of Hampshire, the sum
of two hundred and twenty -five dollars ; one hundred and
fifty dollars being for his services for attending the court of
insolvency in the county of Franklin, from the middle of
August, eighteen hundred and fifty-seven, to the date of the
passage of this resolve ; and seventy-five dollars for his ser-
vices for attending the court of insolvency in the county of
Worcester, after the resignation of Alexander H. Bulloch,
judge of that court, to the date of the passage of this resolve ;
said allowance being in accordance with the provisions of
the fifth section of the two hundred and eighty-fourth chap-
ter of the acts of eighteen hundred and fifty-six : and the
governor is hereby authorized to draw his warrant accord-
ingly. Approved March 27, 1858.

1858.— Chapters 36, 37, 38. 167

Resolve in favor op the hassanamisco Indians. Chap. 36.

Resolved^ That there be allowed out of the treasury of $200 for iiassan-
this Commonwealth, the sum of two hundred dollars, to be ^«'i'<^° T"'1''^"«-
disbursed by the judge of probate of the county of Worces-
ter, in such manner as most effectually to meet the present
wants and necessities of the surviving members of the Has-
sanamisco tribe of Indians. Approved March 27, 1858.

Resolve on the petition of hannah cotter. Chap. 37.

Resolved, That for reasons set forth in said petition. Authorized to
Duncan Bradford, esquire, public administrator for the Smier^^direcuon
county of Middlesex, be, and he is hereby authorized to pay bL'l'^'&c. °^ ^"^^^
over to the mother of the late Cornelius Mannix, deceased,
the amount of money that shall remain in his hands as pub-
lic administrator, the proceeds of the effects and estate of
the said deceased, after paying the claims against said
estate ; said payment to be made in such manner as the
judge of probate for said county of Middlesex shall order
and decree ; and on filing the evidence of such payment in
the office of the treasurer of the Commonwealth, the same
shall be held to be a compliance with his duty and a dis-
charge of his official bond, in the same manner and to the
same extent as the payment of the same sum into the office
of the treasurer aforesaid would be. Approved March 27, 1858.

Resolve granting taxes for the several counties. Chap. 38.

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 — Eighty thousand dollars :

Middlesex — Ninety thousand dollars :

Worcester — Eighty-five thousand dollars :

Hampshire — Eighteen thousand dollars :

Hampden — Twenty-eight thousand dollars :

Franklin — Fourteen thousand dollars :

Berkshire — Twenty-tAvo thousand dollars :

Norfolk — Forty thousand dollars :

Bristol — Fifty thousand dollars :

Plymouth — Twenty-seven thousand dollars :

Barnstable — Ten thousand dollars :

Dukes County — Two thousand and seven hundred dollars.

Approved March 27, 1858.

168 1858.— Chapter 39, 40, 41, 42.

Chap. 39. Resolve in favor of allen cummings.

$94 to Allen Rcsolved, That there be allowed out of the treasury of

Cummings. ^j^^g Commonwcaltli, to Allen Cummings, the sum of ninety-
four dollars, for compensation for his expenses in contesting
the seat of Eliel Shumway, of G-roton.

Approved March 27, 1858.

Chap. 40. Resolve in favor of john m. cole, lansing .t. cole and almeda

ELLISON.

$548 for mileage Resolved, That tlicrc be allowed to John M. Cole, of
uon of ''members" Williamstowu, tlic suui of ouc liundrcd and thirty dollars,
and to Lansing J. Cole, of Cheshire, the sum of one hundred
and ten dollars, in full for the mileage and compensation of
those gentlemen, for the time during which they held seats
as members of the house of representatives from the first
and second Berkshire districts ; also, that there be allowed
to Almeda Ellison, of Duxbury, the sum of three hundred
and eight dollars, in full for the mileage and compensation
of William Ellison, deceased, late member of the house of
representatives from the fifth Plymouth district.

Approved March 27, 1858.

Chap. 41. Resolves in relation to the new Plymouth records.

Secretary to em- Rcsolvecl, That the sccrctary of the Commonwealth be

cieTks°^c.° '" authorized to employ one of his clerks, at a rate of compen-
sation not exceeding one thousand one hundred dollars per
annum, to superintend the printing of the volumes of the
New Plymouth Records now in the printer's hands, and to
proceed with the copying of the ■ other volumes as provided
in previous resolves.

Repeal. Resolved, That all resolves or parts of resolves which

authorize the employment of editors, assistants or clerks,
upon the work of the New Plymouth Records, otherwise
than is provided in the preceding resolve, are hereby
repealed. Approved March 27, 1858.

Chap. 42. Resolves in relation to the admission of kansas.

Lecompton con- Whcreas, Tlic prcsidcnt of the United States has recently
transmitted the Lecompton constitution to congress with a
message recommending its ratification by that body, and
there is reason to fear that it may be so ratified : and

How framed, &c. W/ieretts, Thc aforcsald Lecompton constitution was
framed by a convention which was the embodiment and
consummation of a series of violent, usurping and fraudulent
acts, by which the people of Kansas had been despoiled of

1858.— Chapter 42. 169

the right of self-government for more than three years — the
members of that convention being chosen and convoked by
a minority of the people, through the instrumentality of
fraud, violence and official misconduct : and

Whereas, The people of Kansas at a legally authorized ^f^^'f"'^ ^y ^^^
election holden on the fourth day of January, eighteen
hundred and fifty-eight, rejected the aforesaid Lecompton
constitution by a majority of more than ten thousand votes :
and

Whereas, It is entirely within the power of congress to Po^-er of con-
reject the said Lecompton constitution, or to ratify a consti- ^^^^^'
tution which has received the approval of the people of
Kansas, or to authorize them to form a constitution under
such conditions as congress may prescribe ; therefore,

Resolved, That in the iudgment of the Commonwealth Ratification of,

n -Kr 1 1 n-n- r>iT ^ congress, an

of Massachusetts, the proposed ratification of the Lecompton endorsement of
constitution would be an endorsement by congress of the °" "^"^^ '
oppression and outrages which have been practiced in Kansas,
in the highest degree disgraceful to the national government ;
a breach of the national faith, solemnly pledged to the
territory in her organic act ; an abuse of the power of
congress, and a flagrant violation of the fundamental prin-
ciples of republican freedom.

Resolved, That as all government derives all its just Forced upon the
powers from the will of the governed, as all political thefr^wiiit^trei-
sovereignty resides in the people, and as the will of the '""' ^''•
majority is the ultimate and supreme power in the state ;
therefore, to force a constitution upon the people of Kansas,
not only without their assent, but against their expressed
will, would be treason against the principles of our institu-
tions, a denial of the political faith of the framers of our
constitution, and an act of tyranny which admits of no
defence or palliation.

Resolved, That Massachusetts contemplates with dismay Remonstrance
so grave a departure from those principles of popular self-
government, of which this nation stands as the exemplar to
the world, — principles, on which the liberties of this Com-
monwealth and her sister States depend ; and that she raises
her voice with no common alarm and indignation in solemn
remonstrance against the act.

Resolved, That our senators be instructed, and our senators and rep-

.... 1 J. -\ J. Hi resentatives in

representatives in congress be requested, to oppose all at- stmcted, &c.
tempts to force upon the people of Kansas a constitution
against their assent.

Resolved, That his excellency the governor be requested Transmission of
to transmit a copy of the foregoing preamble and resolves to "^° ^^^'

22

170 1858.— Chapters 43, 44.

each of the senators and representatives of this state in

congress. Approved March 27, 1858.

Chap. 43. Resolve in relation to the consolidation and arrangement
. OF the statutes of the commonwealth.

Commission to Reso/vecl, That the commission for the consolidation and
^erm na . ^j^.pg^j-|g,Qj^gj^^ ^f q^q gtatutcs of thc Commonwealth be ter-

minated on the thirty-first day of December next, and that
the commissioners submit tlieir report to the next legislature.

Approved March 27, 1858.

Chap. 44. Resolves in relation to the decision of thk supreme court of
the united states, in case of SCOTT versus sandford.

Powers of court Resoliwd, That while the people of Massachusetts recog-
fSautiiority^ nize the rightful judicial authority of the supreme court of
the United States, in the determination of all questions
properly coming before it, they will never consent that their
rights shall be impaired, or their liberties invaded, by reason
of any usurpations of political power by said tribunal.
Slavery in Mass. Resolvcd, That slavcry docs not and cannot exist in the

Commonwealth of Massachusetts.
Citizens of Mas- Resolved, That all citizens of Massachusetts are citizens
zeus"^o"*UDited of the United States ; that all negroes, not aliens, domiciled
negroes*""^"*""^ withiu her limits, are citizens of Massachusetts, and are
entitled to all the rights, privileges and immunities of citi-
zenship, in the courts of the United States and elsewhere.
Dred Scott deci- Resolved, That uo part of the decision of the supreme
court of the United States, in the case of Scott versus Sand-
ford, is binding, which was not necessary to the determina-
tion of that case.

No cause in said Resolved, That lu said case, there was no cause for the

Act of 1820. inquiry, on the part of the court, into the constitutionality

of the act of congress of March sixth, eighteen hundred

and twenty, known as the Missouri Compromise, whereby

slavery north of thirty-six degrees, thirty minutes, in the

Act held consti- territory acquired from France, was forever proliibited ; that

peafde'^nouncer' wc liolcl Said act to liavc becu constitutional and valid ; and

that its repeal was unwise, a gross breach of faitli, and the

source of unmingled injustice and wrong.

Slavery local, Resolved, That slavery can exist nowhere, except by pos-

m a ura. .^.^^ ^^^ _ wliilc frecdom is the natural condition of man.
Protection t<> sia- Resolved. That we rcQ-ard the doctrine, that the constitu-

very m territories ^ i tt • t o i • •

denied. tiou 01 tlic United States protects and maintains slavery in

the territories, as unfounded, monstrous and a palpable
contradiction, since the preamble to that instrument declares
that it was formed to " secure the blessings of liberty," not

8ion.

1858.— Chapter 44. 171

the curse of slavery, " to the people of the United States
and their posterity."

Resolved, That Massachusetts is unalterably opposed to increase of siare
any extension of the slave territory of the United States, siave°8'tates ^o^-
and to any increase of slave representation in congress, by p*"^^*^-
the admission of new states.

Resolved, That his excellency the governor be requested Governor to
to transmit a copy of these resolves to the president of the o™resoiVe*s°^ ^*
United States, to the governors of each of the states and
territories, and to each of our senators and representatives
in congress. Approved March 27, 1858.

APPENDIX.

ACTS OF 1858 CLASSIFIED.

General Statutes, or Acts of a public character, 121

Special Acts, relating to individuals and corporations, 56 — 177

APPROPKIATIONS.

I. — Amount of appropriations from ordinary revenue, for
the maintenance of the government during the year

1858, contained in Chapter 11 of the Acts, $421,480 00

Ditto, contained in supplementary Act, (Chapter 173,) 440,878 50
Appropriation for the Emergency Fund, contained in

Chapter 22 of the Acts, 10,000 00

Appropriations to meet expenditures j^authorized the

present year, contained in Chapter 148 of the Acts, 20,060 31

$892,418 81

By Chapter 1 of the Acts, no appropriations are required for the
payment of the principal or interest of the public debt, or for the salaries
of the governor and judges of the supreme judicial court. The public
debt, funded, is $1,314,000; no portion of the principal becomes due in
1858 ; the annual interest amounts to $70,700. The salaries of the gov-
ernor and of the judges of the supreme judicial court amount to $28,000.

The above includes the cost of maintaining every department of the
government for the whole year 1858.

II. — Appropriations from ordinary revenue, on account of
expenditures belonging to previous years, or growing
out of the legislation of previous years, in behalf of
special objects, (not current expenses,) contained in

Chapter 24 of the Acts, $123,620 16

Ditto, in Chapter 131 of the Acts, 263,410 09

Final Appropriations to complete the Hospital for the
Insane at Northampton, contained in Chapter 140 of
the Acts, 58,000 00

$445,030 25

Besides the above, the amount of $125,075.60 had been paid from the
treasury between January 1, 1858, and January 22, when Chapter 1 of
the Acts, requiring specific appropriations, took effect.

In the latter total are included, — one-quarter of the full amount of
salaries, charities, and expenses of certain institutions ; half the county
balances, — and the whole of the militia bounty, military, sheriffs and
pauper accounts for thej^ear 1857 ; — the whole amount of these and other
expenses for the year 1858 being also included in the first class of appro-
priations, recapitulated above.

INAUGURAL ADDRESS

HIS EXCELLENCY NATHANIEL P. BANKS.

Representatives' Chamber,
Jan. 7, 1858.

At one half-past twelve o^clock, His Excellency the Gov-
ernor^ accompanied by His Honor the Lieutenant-Gov-
ernor^ the members of the Executive Council, and the
various officers of the government, attended by a Joint
Committee of the tivo Houses, and the Sheriff of Suffolk,
met the Senate and House of Representatives , in Conven-
tion, and delivered the following-

ADDRESS.

Senators and Representatives :

The constitution of tlie Commonwealth commands fre-
quent sessions of the legislature, for redress of grievances,
correcting, strengthening and confirming the laws, and for
making new laws, us the common good may require.

Assembled in obedience to this command, we cannot fail
to make humble acknowledgments for the signal mercies
with which Divine Providence has blessed our people.

The past year has been one of general health and peace
within our borders. It has enriched us with the profits and
pleasures of industry, and the varied treasures of earth and
sea ; and though unforeseen calamities have for the moment
swept from us superfluous wealth, we have acquired wisdom
and new strength with which to reconstruct our fortunes.

The ancient system of town representation has disappeared.
The character and institutions of the State are inseparably

174 GOVERNOR'S A.DDRESS.

identified with men who were trained to useful and patriotic
service in these town democracies. It will be fortunate if
the constituencies which have replaced them shall produce
as able and patriotic legislators.

The funded debt of the Commonwealth is 81,314,000.
Provision has been made for $1,098,000 of this debt, leaving
a balance of $215,000 improvided for.

The Temporary Loan is now $306,000. For its payment
there is in Western Railroad Stock Fund, $217,000 ; State
tax of 1856 and 1857, still unpaid, $236,000, and cash in
the treasury, $44,000, making the sum of $497,000, and
leaving a balance after the payment of the loan, of $191,000,
which can be applied to current expenses whenever it shall
be received.

The current expenses of the last year amounted to
$1,362,503. The receipts of the State from all sources were
$1,483,166, of which $735,041 were raised by a State tax.

The receipts from ordinary resources this year, are esti-
mated at $702,000. Unless the ordinary expenses of the
current year be reduced below the standard of last year,
there will be a deficit of $659,803, to be paid by a State tax
equal to that amount.

I make no question that the expenditures of last year
were necessary and pi'oper. The continuance, however, of
an annual expenditure, for the ordinary business of govern-
ment, of $1,362,000 will not, in my judgment, admit of
justification or defence. I recommend, therefore, a rigorous
retrenchment of expenses — the discontinuance of commis-
sions as far as practicable, and a reduction in the number of
public officers, as far as it may be done without detriment
to public service. I commend to your consideration the
inquiry whether a consolidation of the courts of probate and
of insolvency may not be advantageously made, and also
whether there may not be made a limitation in the salaries
of officers now paid in fees.

The cost of the legislative and executive service may be
materially diminished, and the annual sessions of the legis-
lature greatly shortened. It is incredible that the people of
this State can require that one-half of the year should be
devoted to making new laws for their government. It will
not be found, in my judgment, that the diminished numbers
of the present legislature will shorten the session. It is not
yet settled whether large or small assemblies have a more
fatal facility in consumption of time, or appropriations of
money. Nor will constitutional or statute limitations of the
term remedy this difliculty. The experiment in other States

GOVERNOR'S ADDRESS. 175

will show that at the expiration of the term, public business
is unfinished, or is hurried through with discreditable and
dangerous haste. There are no rules for the exchision of
business that will relieve the session ; for public business
that is excluded in one form, easily finds admission in
another.

I know of no remedy for the evil to which I refer, but
patient and persistent attention to the business of the
session.

To obtain this result, I recommend that fixed and suffi-
cient salaries be established for members and officers of the
legislature, to be paid in lieu of compensation in other
forms, and upon condition only of actual and constant
attendance upon the sessions. In my judgment, the State
will be best served by the payment of liberal salaries to
legislative and judicial officers.

The people have a right to call into service their ablest
men, who in their turn should have a right to demand, not
as high a compensation as trade or professional pursuits
would offer, but such at least as will be equal to their proper
support while in public service.

The rules of a deliberative assembly should be framed
upon the principle that members are in attendance, and
not, as is sometimes the case, upon the idea that they are
absent. Very little is gained by any attempt to suppress
discussion. Every measm-e should be thoroughly debated
at its appropriate stage, and then determined. The fre-
quent repetition of debates and test votes, upon the same
subject, invests a result oftentimes with many of the attri-
butes of a chance decision, and detracts from the dignity of
deliberation.

A more general responsibility for the expenditure of
money, would be obtained by including in proper appropria-
tion bills, specific appropriations for specific objects. Every
member who is held responsible for public expenditures
should have the right of assent or dissent upon every item
of appropriation, as it regards the amount paid, the party to
whom paid, and the source from whence drawn. An imme-
diate and general responsibility thus obtained, will give
protection to the representative, and security to the public.

Upon such principles of action I think it possible that the
session may be brought to a close in sixty days, and all the
public business deliberately considered. So far as I have
been able to examine the subject in the brief interval that
has elapsed between one period of public service and another,
I am of opinion that there may be effected, with liberal regard

176 GOVERNOR'S ADDRESS.

to the public service, a retrenchment in expenditures of
nearly three hundred thousand dollars, as compared with
the expenses of last year ; and this with a change in the
manner of defraying the expenses of one branch of service
to which I shall call your attention, will reduce the deficit
which appears to exist upon comparing the current receipts
with the current expenditures, upon the basis of last year,
from the sum of $640,000 to the sum of 1267,000. And if
to this deficit of $267,000 can be applied the balance of
$191,000 remaining after payment of the temporary loan
referred to, it will reduce the amount to $66,000, to be met
and paid by a State tax equal to that sum. Any conclusion
of your labors that approaches to such a result will probably
be received with public favor.

A chief cause of excessive legislation, which is one of the
evils of our times, is the idea that legislative renown is to
be obtained only by personal identification with the success
of new measures. Nothing can be farther from the truth,
and no idea more pernicious in its effects. The highest
legislative honors can be won only by patient labor, and it
rarely occurs that important reforms originate in other
sources of wisdom or power. Unsettled legislation and
unsettled governments are among the calamities that befall
men.

The Report of the Adjutant-General shows the Militia to
be in its usual excellent condition. There are enrolled in
active service, in the militia of the Commonwealth 6,349
men. The cost of this branch of service for the past year
has been $70,000. Apart from the necessity of public
defence by citizen soldiers in time of war, there are many
services rendered to the State by an organized militia, not
readily obtained by other agencies. A military company in
a town or city furnishes a disciplined body of men, who can
be rallied at immediate notice in support of legal authorities,
for suppression of disturbances of public peace, and for the
protection of property in case of conflagration or other
public calamity. The school of the soldier is not unim-
portant as a means of physical education. Public approval
of this service may be manifested, as well by judicious
reforms as in liberal encouragement. Ostentatious and
costly parades are doubtless too often substituted for the
severe duties and discipline of the soldier, and contribute
somewhat to the extravagance in which originates much of
the prejudice against the system. A slight reduction in the
number of troops, held in actual service, would sensibly
diminish its expense, and allow the employment of a thor-

GOVERNOR'S ADDRESS. 177

oughly competent military instructor, exclusively devoted
to the discipline of troops in manual exercise and in field
service.

There is some injustice in the apportionment of the public
charge for the support of the militia. It is organized for
the protection of life, liberty and property. Every person
in the Commonwealth participates in all advantages that
arise from it, while the burden of its support is thrown upon
property alone. Military service is not compulsory, and
but a small part of enrolled citizens enter upon active duty.
Of 151,114 men enrolled for duty under the statute, less
than 7,000 men are in active service.

The physical burdens of the system fall, therefore, upon
comparatively few persons, and the charges of the service
are defrayed by heavy assessments upon the property of the
State, while the great majority of citizens, who are liable to
be called into service, contribute but little in either respect,
to its maintenance. In several of the States, the charge for
the support of the active militia is assessed upon citizens
who are enrolled, but relieved from active duty. A very
small tax of this character in commutation of actual service,
would relieve the property tax of the Commonwealth entirely
of this charge. I recommend this subject to your attentive
consideration. It may be expedient also to consider how
far citizens, not now enrolled, may be made subject, without
injustice, to this tax levied in lieu of personal service, and
if it should be found that the enrolment could be materially
enlarged, some further legislation may be necessary in refer-
ence to those from whom other public duty is required, as
in the case of firemen, whose service is alike perilous and
important.

The constitution declares that a frequent recurrence to
its fundamental principles is absolutely necessary to preserve
the advantages of liberty and to maintain a free government.
I respectfully suggest to the legislature and to the people of
the Commonwealth, the inquiry, whether the spirit of this
declaration may not be fully maintained without the elec-
tion, each year, of every officer connected with the legisla-
tive and executive branches of the government. The choice
of a part each year would afibrd the same annual appeal to
the people, give greater stability to public opinion, and fur-
nish a guarantee for the security of political rights, and a
wise management of public property. There are but six
States in the Union besides our own, and out of New Eng-
land, but one, in which the officers of the executive and
legislative departments are all chosen annually.

23

178 GOYERNOR'S ADDRESS.

Recent financial disasters will naturally call your attention
to the Currency. The banking capital of the Commonwealth
is $60,319,720. The number of banking institutions is one
hundred and seventy-three. It appears by the Bank Com-
missioners' Report for the present year that the aggregate
circulation of bank notes, is $18,104,827, and the aggre-
gate amount of specie, $3,611,097, which is equivalent to
one dollar in specie for every five dollars in paper. How-
ever opinion may have been divided, there must now be
a general concurrence in the conclusion, that any increase
in their number or capital is inexpedient. The financial
difficulties which disturb all industrial pursuits, cannot
justly be charged to paper circulation alone. Different
causes operating through a period of years, have contrib-
uted to the result. Extravagant estimates of the wealth
and wants of the country have led to enterprises, in which
credit has been overstrained, until prostration and paralysis
have ensued. It cannot however be doubted that bank
credits have contributed to the extension and the revulsion
of trade : some charging the result to an expansion, and
others to a sudden and unjustifiable contraction of banking
accommodations. Both parties are justified in their conclu-
sions. Sudden contractions have precipitated difficulties
that originated in undue expansions. It is impossible to
separate the expansive from the contracting properties of a
paper currency. At the moment when it passes the point
which attends and facilitates healthy trade, it is subject to a
single and immutable law, expanding when it should con-
tract and contracting when it should expand. As it
increases in quantity, its standard depreciates in value. It
stimulates an unsafe competition in all industrial pursuits,
and by an inflation of prices, deprives the American man-
ufacturer of every advantage to be derived from a tariff"
incidentally protective, because the foreign manufacturer is
enabled to pay our duties, and still sell his goods here at
higher prices than in the home market, which are in turn to
be paid for in exports of gold and silver.

Debts contracted in an inflated currency must be paid in
a period of contraction in one of far higher values. Exces-
sive issues of paper money expel the precious metals from
ordinary circulation, and make the redemption of bills, in
specie, upon which theory alone they are issued, impracti-
cable, if not impossible.

It is not possible to restrict credit altogether, if it were
desirable. The American people have far less business
capital, and far greater business capacity than other nations.

GOVERNOR'S ADDRESS. 179

The difference between their business capital and their busi-
ness capacity must be supplied, as far as safety will allow, by
intervention of credit ; and thus American industry escapes
mere physical drudgery, and seeks enterprises in which intel-
lectual and physical power are advantageously combined.
Such reforms as would tifford the largest credit compatible with
public security would be readily conceded,if it were possible
to agree upon measures certain to produce such result. It
is by some regarded as sufficient that banks should be
required to keep a certain amount of gold and silver pro-
portioned to their circulation, as one dollar in specie to three
in paper. Another remedy is the suppression of bills of
small denominations.

A currency which should provide specie for ordinary
transactions, as in payment of wages, and notes of larger
denominations for commercial purposes, supported by a
liberal specie basis, and convertible at any moment into
specie, would be convenient and safe.

I recommend that you consider the expediency of sup-
pressing the circulation within the State of notes of the
denomination of five dollars and less sums. Such legisla-
tion would infuse into the circulating medium of the State
a larger proportion of gold and silver. It is estimated that
the amount in circulation in the United States, in the form
of bills of five dollars and less sums, is nearly fifty million
dollars. So far as the character of the circulation is re-
turned in the several States, it appears that about nineteen
per centum of bank circulation is in bills of less value than
five dollars. The same proportion for the aggregate circu-
lation would be about forty million dollars, and bills of the
denomination of five dollars added thereto would equal the
estimate stated.

The substitution of this amount of gold and silver in
small sums for use in ordinary business transactions, instead
of paper money to the same extent, would confer a lasting
benefit.

Gradually applied, first to bills less than five dollars, and
in a period of three or five years, to bills of the denomina-
tions of five and ten dollars, the change would not injuriously
affect any interest. The supply of coin in the country is
abundantly sufficient. It is now not much less than two
hundred and seventy million dollars. Instead of serving as
a measure of value merely, gold is now a staple product,
and in the next decennial period the coin of this country
will equal that of England or France.

It will be said that suspensions have occurred in States

180 GOVERNOR'S ADDRESS.

where small notes are prohibited. It is undoubtedly true ;
but the same facts which support the assertion would show
tliat real estate had no value, because it could command no
purchaser.

Those engaged in business, stimulated by action and
enterprise, may forget the recent revulsion ; but the people,
deprived of employment, and suffering the loss of their
small accumulations, will make its history a family tradition,
and if the States fail to make judicious reforms, other and
sweeping changes will be sought elsewhere.

I do not think considerations of present favor will justify
an entire neglect of this subject. The saddest legacy which
legislation can leave is that which contributes in any con-
siderable degree to periodical fuiancial revulsions, which
strike down alike the independence of industry and the
dignity of affluence, and destroy private and public confi-
dence and character.

The Public Schools are represented to be in prosperous
condition. The aggregate expenses, exclusive of buildings,
for educational purposes, amount to $1,410,989. All ex-
penses included, about twelve dollars is paid for each pupil.
The number of children between five and fifteen years in
the State, is 221,478. Of this number 203,031 have been
in attendance upon the schools.

The importance of our system of education is shown in
the fact that one-fifth of our entire population is of that
age, marked by statute, as the proper period for receiving
elementary instruction. It is impossible to overstate the
demands which it makes upon our attention, and it has
contributed as much as any other to the moral and material
prosperity of the Commonwealth. Being, in virtue of the
office I hold, officially connected with this important inter-
est, I cherish the hope that I shall be able during the cur-
rent year to give it personal attention.

The beneficent Public Charities are in condition of flatter-
ing prosperity. Institutions for instruction of the blind,
the deaf and dumb, of idiotic and feeble-minded persons ;
asylums for the insane, and industrial schools for boys
and girls, are not only for purposes of individual relief,
but of security to the public, and of solace to those in full
mental and physical vigor. Such interesting and surprising
results have been obtained in their treatment, as indicate
the possibility of attaining through educational influences a
success that approaches almost creative power.

Within a few years a new system for the support of pau-
pers has been adopted. However opinion may have been

GOVERNOR'S ADDRESS. 181

divided up to this time, the events of the past year may so
far change its results as to lead its still to regard it as an
experiment. The expense of supporting the four alms-
houses for the last year is $166,000. It is manifest that
present accommodations are insufficient for the wants of
the future ; but I hesitate to advise further investments in
this charity until the success of the principle is fully estab-
lished. And in the mean time I recommend a vigorous
and searching examination of the whole system, both upon
economic and philanthropic grounds.

The commissioners appointed for the revision of the stat-
utes, have nearly completed their labors, and will be ready
to make their report in printed form in July next.

The constitution of the United States confers upon con-
gress the power to invest persons with the attributes of
citizenship, but it leaves to each State the right to deter-
mine what persons shall become voters. Recent constitu-
tional amendments and legislative opinions repeatedly
expressed, which have not yet ripened into statutory or con-
stitutional enactments, indicate that the qualifications of
voters is a subject of deep and general interest. There can
be no object of higher importance than that of determining
upon what conditions the right of suffrage shall be con-
ferred, and what legislative safeguards are necessary to
maintain the purity of elections and to protect the rights of
American citizens. I shall cheerfully concur with you in
such measures as you may judge expedient for this purpose.

The recent sad history of Kansas challenges our atten-
tion. The repeal of the Missouri Compromise in 1854, and
the creation of territorial governments, opened to settlement
a country occupied chiefly by Indians, and in which slavery
had been prohibited by southern men as a condition of the
admission of Missouri. The repeal was effected under the
pretext of establishing the right of self-government, which
is now for the first time denied, and the calamities that
have occurred since, have resulted from that act of ineffable
wrong.

At the first election in Kansas, an invasion was made by
armed men, who usurped the legislative power. It is shown
by unimpeachable testimony, that of 6,218 votes given in
1855, there were 4,908 given by men not citizens or resi-
dents. The governor of the territory denounced the invasion
and the fraud, and refused certificates of election. He was
removed, and the first act of his successor was to acknowl-
edge the validity of the election and to declare his intention
to enforce the laws of the legislature, admitted to be uncon-

182 GOVERNOR'S ADDRESS.

stitutional and barbarous. The people thus deprived of
their rights, assembled by delegates at Topeka, formed a
State constitution, and petitioned for admission into the
Union. This action, though irregular, was not without
precedent ; but neither the government of the United States,
nor the parties invading, who had deprived them of their
rights, could upon any just ground take advantage of their
own wrong, to defeat this first act of the people, upon
pretext of irregularity. The constitution failed to obtain
the assent of the senate, and the State was not admitted.
The violence and crime that have since ravaged the territory
under the legislature which denied to the people the right
of electing local or county officers, are well known.

During the past year another constitution has been
formed at Lecompton. The convention did not represent
the people, nor were its delegates elected by them. It has
been officially reported to the president by the late governor
of the territory, that " the delegates who signed the con-
stitution represented scarcely one-tenth of the people ; "
that " nearly one-half of the counties of the territory were
disfranchised, and, by no fault of theirs, did not and could
not give a single vote in the election for delegates." The
convention refused to submit to the people the constitution,
which recognizes slavery, for an affirmative or negative vote.
With an additional pro-slavery clause, adopted by the parties
who made the constitution, it is now sent to Congress, and
your senators and representatives are called upon to vote
upon the admission of the State under that constitution.

It is not now a question of slavery alOne, but to that is
superadded the question of the right of the people to vote
either in election of delegates, or upon the constitution
itself. Many citizens have sustained the government in its
Kansas policy upon its solemn pledges that the constitution
should be submitted to the people. To sustain now, the
denial of this right, is to repel in the most decisive manner
the doctrine of popular sovereignty.

Nothing but the direct intervention of federal influence
can force through congress the Lecompton constitution ;
and if the government, with the sanction of the people, can
force upon Kansas a constitution conceived in fraud and
violence, it will be the weightiest blow ever given against
free governments.

Violence and fraud, if successful in this instance, will be
repeated whenever occasion demands it. It will not be
limited to territories or states. No shrine will be held
sacred. The senate chamber of the United States has been

GOVERNOR'S ADDRESS. 183

already invaded, and this State was for a time bereft of a
part of its representative power by an act of fearful wrong,
committed upon the most cherished and brilliant of her
sons, while in the performance of constitutional duty.

To escape difficulties that surround this subject, the
Supreme Court of the United States, upon a question as to
the extent of its own jurisdiction, has assumed authority to
pass judgment upon the political powers of congress and
the people, in regard to the government of territories, and
to declare the Compromise Act of 1820 unconstitutional.
A power expressly given to congress by the constitution,
exercised for seventy years, with approval of every depart-
ment of the government, and with assent of nearly every
American statesman ; a power inserted in the constitution,
as there is historical reason to believe, because the congress
of the confederation had been compelled to exercise a similar
power, confessedly without authority, and to which assump-
tion congress under the constitution, by statute, gave validity
and effect, is denied to congress and the people, in a case
over which, upon the determination of the court itself, it
had no jurisdiction whatever.

We are not left in doubt as to the reason of this extraor-
dinary conclusion. It was said by one of the learned judges,
that the case involved constitutional principles " about
which there had become such a difference of opinion that
the peace and harmony of the country required the settle-
ment of them by judicial decision." It is hardly to be
expected that a free people can dispose of their great inte-
rests without an occasional difference of opinion. It has
not been held, however, that such conflicts invested the
courts with authority to limit the political powers of con-
gress or of the people. Chief Justice Marshall held other-
wise : — " By extending the judicial power to all cases in
law and equity," he says, " the constitution had never been
understood to confer on that department any political power
whatever. To come within this description a question must
assume a legal form for forensic litigation and judicial
decision. There must be parties to come into court who
can be reached by its process and bound by its power ;
whose rights admit of ultimate decision by a tribunal to
which they are bound to submit."

The late decision, pronounced without just authority and
confessedly without jurisdiction, would excite less alarm
were it not that the same tribunal, which, as interpreted
by the president, has declared that slavery exists in Kansas
" under the constitution of the United States," may divest

184 GOVERNOR'S ADDRESS.

the States, and among others, our own, of cherished pre-
rogatives, and assume the right to determine how far
slavery, irrespective of the will of the people, may exist in
the States. The preservation of the Union is among the
highest of political duties. The vitality of the Union is in
the recognition of the rights of the States. The affirmation
of their existence may become the surest means of perpetu-
ating the Union itself. There are privileges that are worth
a contest. Such, at least, has been the immortal example
of immortal men.

Senators and Representatives :

I approach the duties of my office with deep solicitude.
I rely with confidence upon your wisdom and patriotism,
and it will afford to me the highest gratification to be able
to concur with you in all measures intended to advance the
interests of the Commonwealth.

SPECIAL MESSAGES.

THE FOLLOWING SPECIAL COMMUNICATIONS WERE MADE BY HIS
EXCELLENCY THE GOVERNOR, TO THE LEGISLATURE, DURING
THE SESSION ENDING MARCH TWENTY-SEVENTH.

[To the Senate, January 11.]

I transmit herewith for the use of the legislature, certain
resolutions passed by the general assembly of the State of
Connecticut, in relation to the decision of the supreme court
of the United States, in the case of Dred Scott, and also in
relation to the people in the Territory of Kansas in their
struggles against the aggressions of slavery.

[To the House of Representatives, January 25.]

I have the honor to transmit to the house of representa-
tives, in answer to an inquiry made on the 11th instant, a
communication from the treasurer of the Commonwealth,
showing the amount expended under the resolve approved
May 19, 1857, upon the petition of Levi Baker and others,
and also a communication from the attorney-general of the
Commonwealth upon the same subject.

[To the House of Representatives, February 11.]

I have the honor to transmit a report of the commissioners
on Boston Harbor, with a manuscript chart, and copies of
an engraved chart of the harbor, for the use of the legislature.

[To the House of Representatives, February 16.]

I have the honor to transmit, for the use of the legislature,
a communication from Charles L. Woodbury, esq., attorney
for the United States, requesting that jurisdiction over a
tract of land in the vicinity of Minot's ledge lighthouse,
may be ceded by this State to tlie United States.

I have the honor also to communicate a statement made
by the attorney-general, in relation to the default of insur-
ance agents, in making the returns required by statutes of
this Commonwealth.

24

186 SPECIAL MESSAGES.

[To the House of Representatives, February 17]

I have the honor to inform the legislature that a vacancy
exists in the office of major-general of the first division of
the volunteer militia, occasioned by the honorable discharge
of major-general B. F. Edmands.

[To the House of Representatives, February 19.]

In compliance with an order of the house of representa-
tives of the 16th inst., I have the honor to transmit a com-
munication from the treasurer of the Commonwealth, with
copies of such papers, specifications and detailed estimates
as are on the files of the executive department, relating to
the cost of completing the hospital for the insane, in Western
Massachusetts.

[To the House of Representatives, February 23.]

I have the honor to transmit to the house of representa-
tives, for the use of the legislature, the twenty-first annual
report of the board of education.

[To the House of Representatives, March 9.]

The honorable Albert II. Nelson has transmitted to this
department of the government, his resignation of the office
of chief justice of the superior court of the county of
Suffolk.

Until a very recent period his friends had entertained
confident expectations that partially restored health would
have permitted him to resume his official labors. I regret
that it has proved otherwise.

The salaries of the justices of the superior court, are paid
from the treasury of tiie city of Boston, but the payments
are regulated by the statute which establishes the court. In
view of the circumstances which attend this resignation, and
in the belief that such action would not be without prece-
dent, I have thought it not improper to suggest to the legis-
lature, the expediency of providing by legislative enactment,
for the continuance of the present salary of chief justice
Nelson, to such period of time, as will attest public appre-
ciation of the rectitude of purpose, and eminent ability
which have distinguished his judicial career.

[To the Senate and House of Representatives, March 19.]

An address of both houses of the legislature was presented
to me yesterday, by a committee appointed for that purpose,
requesting the removal of Edward Greeley Loring from the
office of judge of probate for the county of Suffi)lk. The

SPECIAL MESSAGES. 187

reasons which moved the legislature to this request are not
stated in tlie address. The power given to the executive
department of the government, upon address of both houses
of the legislature for the removal of notaries public, ofhcers
commissioned to command in the militia, and all judicial
officers, is a power given without qualification, and its
exercise is intrusted solely to the discretion of the legislative
and executive branches of the government. But inasmuch
as other constitutional modes of procedure have been estab-
lished, to which recourse maybe had, in cases of misconduct
or maladministration in office, and which admit of more
extended opportunities of justification and defence, I am led
to the conclusion that the legislature has had regard, in this
case, to the incompatibility of offices held by the judge of
probate for the county of Suffolk, whose removal from office
is requested. The expediency of providing, by constitutional
and legislative enactments, that certain offices of State
governments shall be held- incompatible with other and
similar offices under the government of the United States,
is supported by the example of our own, as it is by that of
other States.

The legislature of this Commonwealth, by an act passed
on the 21st day of May, 1855, has ordained and declared,
that certain offices under the government of the United
States are incompatible with offices of honor, emolument
and trust in this Commonwealth. Under that act, and
especially under the 13th section of the act, it must be con-
ceded that the office of judge of probate is incompatible, except
for a limited term, with the office of United States Com-
missioner, under the acts of congress "respecting fugitives
from justice and persons escaping from the service of their
masters." It is not material that the incom])atibility of
offices may have been declared subsequent to the creation of
the court, or the appointment of the incumbent officer. It
is well established by legislative precedents, that a court
which is created by legislative authority, may be changed at
the will of the legislature, both as it regards its jurisdiction
and its officers. So far as the statute of 1855, chapter 489,
affects the judge who is made the subject of the address, it
is simply to declare, that a judicial officer of this Common-
wealth shall not hold the office of United States Commis-
sioner, Avhich has been decided by the courts of this State,
and of the United States, to be in the nature of a judicial office.
I entertain no doubt of the power of the legislature to estab-
lish this incompatibility of public employments ; and to this
extent, at least, I consider its exercise eminently Avise andjust.

188 SPECIAL MESSAGES.

It is neither for the interest of the people of the United
States, nor of this Commonwealth, that any person should
be invested, at the same time, with judicial authority under
Federal and State governments.

This principle of incompatibility of offices, is fully recog-
nized by the constitution, and in legislative acts of this
Commonwealth, and having been embodied in the act of
1855, to which I have referred, the people of the State have
thought it proper that it should be observed. The judge of
probate for the county of Suffolk, entertaining a different
view of his rights and his duties to the government and
people, has neglected to comply with the provisions of the
statute. Different legislatures have, by address to the
executive branch of the government, requested his removal
from an office which he thus held in contravention of law;
but, without signal effort for its modification or repeal, as
often as the legislature has requested his removal, he has
reasserted his purpose and position, conscientiously I have
no doubt, in language which I cannot interpret otherwise
than as manifesting a fixed resolution to disregard and in
effect to nullify a statute provision of the Commonwealth.
For this reason — no official opinion of his entering into my
consideration of the question, and no official act consti-
tuting an element in the judgment I have formed — upon
address of both houses of the legislature constitutionally
presented, and with consent of the council, I have removed
Edward Greeley Loring from the office of judge of probate,
for the county of Suffolk.

My attention having been thus called by the legislature
to the statute of the 21st of May, 1855, I should fail in my
duty did I not request the reconsideration of some of its
provisions, with a view to their material modification and
amendment.

Under a government so entirely free as our own, there is
sometimes danger that in moments of excitement a desire
for the protection of personal rights may incite us to forge t-
fulness, and even disregard of other rights of citizens and
the State. The judgment of every man must compel him,
theoretically at least, to acknowledge the superiority of
political institutions which spring from and represent the
people, over every other form of government ; but it is
quite possible that in practice considerate men may be led
to distrust the ultimate success, and discredit the justice of
such governments, because of their natural tendency to the
disregard of equally important rights of different classes of
men.

SPECIAL MESSAGES. 189

In a statute which is professedly framed to secure the
rights of persons, especial care should be taken that no
limitations of power should be permanently established
which are not essential to the great purpose of the act itself.
To all provisions of the act of the 21st of May, 1855, which
are essential to the protection of the rights and liberties of
the people of Massachusetts, under the constitution of the
Commonwealth and that of the United States, I cheerfully
give my assent.

In my judgment it is not only expedient but necessary
for the government of the United States, as well as of the
separate States, that in practice and by legislation it should
be held incompetent for the same person, at the same time,
to exercise judicial authority under both Federal and State
governments. The delicate lines of power that mark the
separation of State and Federal jurisdiction, absolutely
demand that the judicial functions of the two governments
should not be represented in the same officer. To so much
of the statute of 1855 as makes it incompatible for a judicial
officer of the Commonwealth to hold a judicial office under
the government of the United States, or that of United
States Commissioner, I think no well-founded objection can
be taken ; but I do not think it necessary that this incom-
patibility of employments should be extended to officers
whose duties are chiefly ministerial, rather than judicial, as
justices of the peace ; or to attorneys at law, to officers of.
the militia, or to various other persons, who may be said, in
the language of the act, to hold offices " of honor, trust or
emolument under the laws of this Commonwealth." No
incapacity to hold office, and no disqualification to receive
appointment, should be pronounced against any citizen,
except upon grounds of public necessity.

Such necessity does not exist, in my judgment, with regard
to the officers last named ; neither will the exercise of the
power avail any thing whatever against the legislative,
executive or judicial authority of the United States.

If it be the purpose of this Commonwealth to impress
upon individuals or States its opinions, its object should be
not to restrict, but to enlarge the legal capacity and power
of its people. It cannot be assumed, upon any just princi-
ple, that every citizen of Massachusetts who shall hold the
office of United States Commissioner will feel bound, because
he is in sympathy with its sentiments, or possesses the confi-
dence of its people, harshly to adjudge every fact against
the personal liberty of every suppliant for justice, or to
interpret the provisions of every act of the general govern-

190 SPECIAL MESSAGES.

ment as within its constitutional power. It cannot justly
be assumed, without proof, that the protection of the rights
of any fugitive or stranger requires that a disqualification
for holding office shall be pronounced against all those who
sympathize with and possess the confidence of the people of
this State, or that every semblance or symbol of authority
shall be pressed by our own act into the hands of those who
sympathize neither with the fugitive nor the State ; still
less is it to be assumed that there can never be a change in
the administration of the general government, or in the
construction of its statutes.

The constitution of the Commonwealth confers upon the
governor, with consent of the council, upon address of both
houses of the legislature, authority to remove certain civil
and military officers. Through all amendments of the
organic law, this provision has remained without limitation
or change, and enables the people to carry into full and
immediate effect, against any officer of the government, that
provision of the Bill of Rights which declares that " in
order to prevent those who are vested with authority from
becoming 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." In different sections of the act of 1855,
chapter 489, there is an attempt to set forth reasons or
Jacts which will justify succeeding legislatures in impeach-
ment of public officers, or their removal by address. It is
manifest that no legislature can enlarge or restrict the
power of removal or impeachment which the constitution
refers solely to the discretion of each succeeding government.
I suggest the inquiry if such provisions of this act should
not be repealed.

The eleventh section of the same statute provides that
any person who shall " act as counsel or attorney for any
claimant of any alleged fugitive from service or labor, shall
be deemed to have resigned any commission from the Com-
monwealth that he may possess, and he shall thereafter be
incapacitated from appearing as counsel or attorney in the
courts of this Commonwealth." It appears to me, that this
provision indicates a distrust, on the part of the people, not
only of the courts, but also of the legal profession, which
lias no sufficient foundation, and that it is inconsistent with
the dignity, as it is with the professional traditions of the
State with which, in this connection, the illustrious names
of Adams and Quincy are inseparably associated.

SPECIAL MESSAGES. 191

The constitution provides that the governor of the Com-
monwealth for the time being shall be commander-in-chief
of the army and navy, and of all the military forces of the
State, by sea and land ; and the statute gives to the gov-
ernor and' also to other military and civil officers authority
to call out the militia, in cases of war, insurrection, tumults
or mobs. Every subordinate officer and private is required
to obey orders thus issued, under penalty of being casliiered
or subjected to other punishment by fine and imprisonment.
The act of 1855, chapter 489, section 16, declares, that any
member of the volunteer militia, who shall act in any
manner, in the seizure, detention or rendition of any person
for the reason that he is claimed as a fugitive from service
or labor, "• shall be punished by a fine of not less than one
thousand and not exceeding two thousand dollars, and by
imprisonment in the State prison for not less than one nor
more than two years."

There is in these different provisions of the constitution
and laws a divided duty, which it is impossible for the sub-
ordinate officer and soldier to recognize and perform. Every
order issued from this department of the government to the
military forces of tlie State, must be obeyed. I recommend,
therefore, that the statute be so amended, as to relieve
subordinate officers and privates of the volunteer militia
from the heavy penalties to which they are subjected by the
provisions of the sixteentli section, and that such legislation
as shall be deemed necessary for the public welfare in this
regard, shall be made effective, by limiting the power of
military and civil officers, in calling out the militia in cases
of invasion, insurrection or popular tumult, or in such other
cases as the legislature may deem expedient.

I present these considerations upon this important subject
with great deference, and respectfully request thereto such
attention as the advanced state of public business will
permit.

CHANGE or NAMES.

Secretary's Office, Boston,
May, 1858.

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 counties
shall annually, in the month of December, make a return
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." The following returns have been
received at this department in accordance with said act.

SUFFOLK COUNTY.

Charles C. Amory, takes the name of Charles Amory.

George Barnard, takes the name of George B. Oliver.

Cliester G. Brown, takes the name of Gilbert C. Brown.

Mary Biggins, takes the name of Martha Ella Teear.

Richmond Doyne, takes the name of Charles R. Doane.

John Dean, takes the name of John Ward Dean.

Elizabeth Doherty, takes the name of Elizabeth Ulmar.

Mary M. Donovan, takes the name of Jenny Brown.

Phebe Ann Eldredge, takes the name of Anna Eldredge.

William Henry Gray, takes the name of William Wallis
Jenkins.

Mary E. Haden, takes the name of Eliza Frances French.

Manoah Meade Livingston, takes the name of Montgomery
Meade Livingston.

James O'Connor, takes the name of James Connor.

Ernest H. Ruggles, takes tlie name of George Washington
Farr.

25

194 ' 1858. — Change of Names.

Mary E. Skelsey, takes tlie name of Albertina Renocia
•Gardner.

Mary J. Salisbury, takes the name of Mary Jane Felton.

Mary Sonnenberg, takes the name of Hannah Marilla
Belcher.-

Charles Sawyer, takes the name of Charles Alfred Sawyer.

Jessie Turner, takes the name of Elizabeth Piercy.

Eva Louisa Thomas, takes the name of Ella Louisa Ful-
ler ton.

Ellen Worthen, takes the name of Ellen Turel Jackson.

Henry Augustus Whitney, takes the name of Henry
Austin Whitney.

Eliphalet G. Williams, takes the name of Edward Gordon
Williams.

Almira E. Watson, takes tlie name of Elizabeth Watson
Cheney.

Howard A. Watson, takes the name of Howard Clifton
Watson.

Decreed by Edward G. Loring, Judge of Probate for the
County of Suffolk.

ESSEX COUNTY.

May 5, 1857. Martha Rafferty, of Salem, widow, takes
the name of Martha Rogers ; and each of her five children,
who are minors, also take the name of Rogers. John
Torr, 2d, of South Danvers, takes the name of John Stevens
Torr.

June 9. Sarah Jane Frink, of Haverhill, spinster, takes
the name of Sarah Jane Bentley.

September 1. William Tarbox, of Lynn, carpenter, takes
the name of William Wallingford ; his wife and two children
also take the name of Wallingford.

December 1. Joseph Henry Chandler, of Andover, takes
the name of Joseph Chandler, junior.

Decreed by Nathaniel S. Howe, Judge of Probate for the
County of Essex.

MIDDLESEX COUNTY.

January 13, 1857. William P. McNeill and wife, of
Lowell, adopt Ellar F. Atkinson, a minor, and said Ellar
takes the name of Frances A. McNeill. Willard P. Morse

1858. — Change of Names. 195

and wife, of Hopkinton, adopt Charles Edwin Morrison, a
minor, and said Charles takes the name of Miles Morse.
Abner Thurston Linnikin, of Maiden, takes the name of
Abner Thurston Linnikin Weston ; and his wife and son
also take the name of Weston.

February 17. Rebecca Kilby Eaton, of Cambridge, takes
the name of Rebecca Eaton Parker, and Sarah Ann Eaton
of ditto takes the name of Sarah Ann Eaton Parker.

March 3. Francis Gregory and wife, of Waltham, adopt
Emma J. Durant, a minor, and said Emma takes the name
of Emma Frances Gregory. Joseph Stevens and wife, of
Lowell, adopt Lizzie Ann Fay, a minor, and said Lizzie
takes the name of Lizzie Ann Stevens.

May 19. Edward Hall and wife, of Concord, adopt Mary
Frances Willett, a minor, and said Mary takes the name of
Mary Frances Hall.

June 3. Stephen Hine and wife, of Woburn, adopt
Catherine Floyd Clifton, a minor, and said Catherine takes
the name of Ellen Elizabeth Hine.

June 30. Chauncey C. Leland and wife, of Natick,
adopt Zipporah Belcher, a minor, and said Zipporah takes
the name of Martha Eugenie Leland.

August 11. Aldcn S. Francis and wife, of Marlborough,
adopt Michael Gorman, a minor, and said Michael takes
the name of Charles Francis.

September 1. Michael Kavanagh, of Lowell, takes the
name of Edward Kavanagh.

September 8. John Smith and wife, of Cambridge, adopt
Mary Jane Moore, a mhior, and said Mary takes the name
of Mary Jane Smith,

September 22. William P. Homer and wife, of Cam-
bridge, adopt Annie Hall, a minor, and said Annie takes
the name of Nellie Homer.

October 13. Stephen Smith and wife, of Somerville,
adopt Oliver Clough Moore, a minor, and said Oliver takes
the name of Oliver Clough Moore Smith. William G.
Flanders and wife, of Lowell, adopt Lizzie Whitten, a
minor, and said Lizzie takes the name of Emma Whitten
Flanders.

October 27. William E. Robbins and wife, of Holliston,
adopt Benjamin Gallighan, a minor, and said Benjamin
takes the name of Willie Fletcher Robbins. Stephen J.
Phinney and wife, of Melrose, adopt Delia Maria Starrott, a
minor, and said Delia takes the name of Emma Maria Phin-
ney. Ellis Ware and wife, of Sherborn, adopt Emma Althea

196 1858. — Change or Names.

Daniels, a minor, and said Emma takes the name of Emma
Daniels Ware.

November 10. Mary Gallagher, of Waltham, takes the
name of Mary E. Walcott.

Decreed by William A. Richardson, Judge of Probate for
the County of Middlesex.

WORCESTER COUNTY.

January 6, 1857. Joseph Whitney, Jr. and wife, adopt
Charles E. Jones, a minor, and said Charles takes the name
of Charles E. Whitney.

February 3. Emory Banister and wife adopt Adaline
Augusta White, and said Adaline takes the name of Emma
Banister.

March 3. Mary Louisa Flint, of Southborough, takes the
name of Julia Daniels Flint.

May 20. Lovell A. Lesure and wife, of West Boylston,
adopt Herbert Stearns White, and said Herbert takes the
name of Herbert Stearns Lesure.

June 2. Martha Rogers, of West Brookfield, takes the
name of Martha Bachelor Edwards.

July 7. Jonathan Austin Davis, of Oxford, takes the
name of Austin Davis. Timothy Ide Nicholas, of Milford,
takes the name of Timothy N. Ide.

August 4. George W. Bliss and wife, adopt a child of
Lucretia S. Pond, and said child takes the name of Charles
Wallace Bliss. Leander Gale and wife, of Millbury, adopt
Frances Ada Havenstock, a minor, and said Frances takes
the name of Ada Isabella Gale.

September 29. Henry G. Fairbanks and wife, of West-
borough, adopt William B. Chesmore, a minor, and said
William takes the name of Herbert Gay Fairbanks.

October 6. Emily Jane Farwell, of Fitchburg, a minor,
takes the name of Emily Jane Upton.

Decreed by Thomas Kinnicutt, Judge of Probate for the
County of Worcester.

HAMPSHIRE COUNTY.

February 3, 1857. William Wilcomb Bennett, of Belch-
ertown, takes the name of William Bell.

April 7. James Field, Jr. and wife, of Northampton,

^

1858. — Change of Names. 197

adopt Joseph P. Walker, a minor, and said Joseph takes the
name of Joseph Walker Field.

July 7. Sophronia Smith Cummings, of Ware, takes the
name of Sophronia Granger Cummings.

October 6. Edwin Patten, of Williamsburg, adopt Louisa
J. Nichols, a minor, and said Louisa takes the name of
Louisa J. Patten.

Decreed by Ithamar^Conkey, Judge of Probate for the
County of Hampshire.

HAMPDEN COUNTY.

February 3, 1857. John H. Smith, takes the name of
William J. Burt.

November 24. Sarah Bond, takes the name of Emely
Clark.

Decreed by Charles R. Ladd, Judge of Probate for the
County of Hampden.

FRANKLIN COUNTY.

February 10, 1857. Mary E. AVarner, of Colrain, takes
the name of Mary Elizabeth Churchill.

March 10. Alma Seaver, of Gill, takes the name of Alma
Clap. Abby Seaver, of Gill, takes the name of Abby Clap.

October 13. Fanny M. Stimpson, of Northfield, takes the
name of Ida Streeter. Caroline Hibbard, of Greenfield,
takes the name of Caroline Wunsch.

December 15. Marriam Sophia Belden, of Whately,
takes the name of Marriam Sophia Nash.

Decreed by Franklin Ripley, Judge of Probate for the
County of Franklin.

BERKSHIRE COUNTY.

April 7, 1857. Nancy E. Lane, takes the name of Cyn-
thia E. Davis.

April 29. Lovaine Patridge, takes the name of Leonard
Lovaine Ryder.

Decreed by Daniel N. Dewey, Judge of Probate for the
County of Berkshire.

198 1858. — Change of Names.

noefolk county.

January 17, 1857. Mary Isabella Phillips, of Dorchester,
a minor, takes the name of Mary Isabella Sumner.

May 30. George Luther Clapp, of Sharon, a minor,
takes the name of George Fisher Gay.

June 6. Francis Edgar Packard, of Quincy, a minor,
takes the name of Frank Edgar Packard.

August 11. Lewis A. Packard, of Quincy, a minor,
takes the name of Elisha Packard.

August 15. Sarah Dorr, of Canton, a minor, takes the
name of Grace Ada Howard.

Decreed by William S. Leland, Judge of Probate for the
County of Norfolk.

PLYMOUTH COUNTY.

January 12, 1858. Edward Chamberlain and wife, of
Abington, adopt Josephine Corbett, of Boston, and said
Josephine takes the name of Flora Webster Chamberlain.

May 18. Helen M. Muirhead, of Kingston, takes the
name of Helen M. Gray.

July 7. William Henry Cowenskiff, of Rochester, takes
the name of William Henry Cowen,

August 4. Henry Alden Humphrey, of Bridgewater,
takes the name of Henry Peirce Alden.

August 10. John B. Hatch and wife, of Middleborough,
adopt Ann Goodell, of Carver, and said Ann takes the name
of Ann Goodell Hatch. William W. Holmes and wife, of
Duxbury, adopt Edward Wadsworth and said Edward takes
the name of William W. Holmes.

Decreed by Aaron Hobart, Judge of Probate for the
County of Plymouth.

BARNSTABLE COUNTY.

May 14, 1857. Eliza B. Drody, of Barnstable, takes the
name of Eliza B. Crowell, and George C. Drody, her minor
son, takes the name of George Crowell.

May 19. Mary Allen Knowles, of Yarmouth, takes tlie
name of Mary Rowe Knowles.

June 16. Joseph Coblj and wife, of Barnstable, adopt
Mary Green, a minor, and said Mary takes the name of Alice
Josephine Cobb.

1858. — Change of Names. 199

December 14. Joshua Francis Small, of Provincetown, a
minor, takes the name of Daniel Francis Small.

Decreed by George Marston, Judge of Probate for the
County of Barnstable.

No application for change of names has been made to the
Judges of Probate for the Counties of Bristol, Dukes and
Nantucket, during the year 1857.

MEMBERS OF THE THIRTY-FIFTH CONGRESS.

SENATORS.

CHARLES SUMNER, of Boston.
HENRY WILSON, of Natick.

REPRESENTATIVES.

District I. — Robert B. Hall, of Plymouth.

II. — James Buffington, of Fall River.
III. — William 8. Damrell, of Dedhani.
IV. — Linus B. Comins, of Roxbury.
V. — Anson Burling ame, of Cambridge.
VI. — Timothy Davis, of Gloucester.
VII. — Daniel W. Gooch,* of Melrose.
VIII. — Chauncey L. Knapp, of LouwU.
IX. — Eli Thayer, of Worcester.
X. — Calvin C. Chaffee, of Springfield.
XL — Henry L. Dawes, of Adams.

* Elected in January, 1858, to fill vacancy caused by the resignation of
Nathaniel P. Banks, governor elect.

THE

CIVIL GOVERNMENT

OF THE

Commonkalt| of Passatljiisdts,

AND OFFICERS IMMEDIATELY CONNECTED THEREWITH,
FOR THE POLITICAL YEAR, 1858.

26

CIVIL GOVERNMENT — 1858.

HIS EXCELLENCY

NATHANIEL P. BANKS,

GOVERNOR.

HIS HONOR,

ELIPHALET TRASK,

LIEUTENANT-GOVERNOR.

CHARLES R. TRAIN,
LAB AN M. WHEATON,
WILLIAM H. WOOD,
AUSTIN L. ROGERS,

COUNCIL.

EDWIN F. JENKS,
WILLIAM J. EAMES,
NEWELL A. THOMPSON,
GEORGE COGSWELL.

OLIVER W A R N E R ,

Secretary of the CoimnonweaWi.
CHAS. W. LOVETT, \st Clerk. ALBERT L. FERNALD, 2c/ Clerk.

MOSES T ENNE Y, Jr.,

Treasurer and Receicer-General of the Commonwealth.
DANIEL H. ROGERS, \st Clerk. JOHN H. SMITH, 2d Clerk.

CHARLES WHITE,

Auditor of Accounts.
WILLIAM EVELETH, Clerk.

SAMUEL O. UPHAM,

Messenger to the Governor and Council.

GENERAL COURT,

ARRANGED IN ACCORDANCE WITH THE DISTRICT SYSTEM OF 1857, WITH THE
NAMES AND RESIDENCES OF MEMBERS.

SENATE

President— C HARLES ^X . UPHAM.

District.

Name of Senator.

Residence.

First Suffolk,

Edward F. Porter,

Boston.

Second "

Oliver Frost, . . .

ii

Third "

Samuel Hooper, . .

a

Fourth "

Charles A. Phelps,

a

Fifth »

Francis J. Parker,

a

First Essex, .

William Fabens, .

Marblehead.

Second "

Charles W. Upham,

Salem.

Third " .

Joseph F. Ingalls, .

Methuen.

Fourth " .

Eben F. Stone,

Newburyport.

Fifth "

John Prince, . .

Essex.

First Middlesex,

Timothy T. Sawyer,

Charlestown.

Second "

Gideon Haynes, .

Waltham.

Third

Constantine C. Esty,

Framingham.

Fourth

Samuel Adams,* .

Townsend.

Fifth

James M. Usher, .

Medford.

Sixth

Arthur P. Bonney,

Lowell.

* Deceased.

204

SENATE.

Name of Senator.

Central Worcester, .

John M. Earle, . .

Worcester.

South-East "

John G. Metcalf, .

Mendon.

South- West "

OHver C. Felton, . .

Brookfield.

West "

Charles Field, . .

Athol.

North-East "

Goldsmith F. Bailey,

Fitchburg.

East

Lucius S. Allen, .

Shrewsbury.

Hampshire, ....

Horatio G. Knight,

Easthampton.

Franklin, ....

Hugh W. Greene, .

Northfield.

Hampshire & Franklin,

James W. Boyden,

Amherst.

West Hampden, . .

Aaron Bagg, . .

West Springfield

East " . .

George Walker, .

Springfield.

North Berkshire, . .

Zenas M. Crane, .

Dalton.

South " . .

John Branning,

Lee.

North Norfolk, . .

John N. Turner, .

Brookline.

East " . .

Abner Holbrook, .

Weymouth.

West " . .

John M. Merrick, .

Walpole.

North Bristol, . . .

Chester I. Reed, .

Taunton.

South " ...

Joseph W. Cornell,

New Bedford.

West " ...

Albert Bliss, . .

Pawtucket.

North Plymouth, . .

Elijah Jenkins, . .

Scituate.

South " . .

Matthias Ellis, . .

Carver.

Middle " . .

William T. Davis, .

Plymouth.

Cape,

Charles F. Swift, .

Yarmouth.

Island,

John Morissey, . .

Nantucket.

STEPHEN N. 6IFF0RD, Clerk.
ARTHUR B. FULLER, Chaplain.
BENJAMIN STEVENS, Sergeani-at-Arms.

WnLlAM M. "Wise, Boor-keeper.
John A. Sargent, Assistant Door-keeper.
George G. Brown, Page.
William R. Wise, Page.

HOUSE OF REPRESENTATIVES.

Speaker— J ULIUS ROCKWELL.

COUNTY OF SUFFOLK.

Town or Ward.

Name of Representative. Residence.

1st,

2d,

3d,
4th,
oth,
6th,
7th,
8th,
9th,
10th,
11th,

12th,

Ward 1, Boston,

Ward 2, Boston,

Ward 3, Boston,
Ward 4, Boston,
Ward 5, Boston,
Ward 6, Boston,
Ward 7, Boston,
Ward 8, Boston,
Ward 9, Boston,
Ward 10, Boston,
Ward 11, Boston,

Ward 12, Boston,

William Deblois, . .
George W. Parmenter,

Cyrus Washburn,
Amos A. Dunnels,
Bradbury G. Prescott,

Peter Higgins, . . .
Asa D. Pattee, . .

William B. Spooner, .
Charles Hale, . . .

Edward Sands, . .
Abraham G. Wyman,

George P. Clapp, .
John A. Andrew, .

Samuel Hatch, . .
Patrick Riley, . .

George F. Williams,
Otis Rich, .

Franklin H. Sprague,
William Beck, . . .

Solomon J. Gordon,
William Makepeace,

John Farrington, .
Jo.seph F. Paul,

Benjamin Lewis, .
Thomas Leavitt, .
Edward Young, .

Boston.

((

Boston.

Boston.
Boston.
Boston.

a

Boston.
Boston.
Boston.
Boston.

u

Boston.

(I

Boston.

u

Boston.

206

HOUSE OF REPRESENTATIVES.

COUNTY OF SUFFOLK— Continued.

Town or AVaril.

Name of Representative. Residence,

( Chelsea, .
13th, ■< North Chelsea,
(Winthrop,

' ' John Bent, .... Chelsea.
( Mellen Chamberlain, I "

) 1

COUNTY OF ESSEX.

1st,

(' Amesbury, .
-< Salisbury, .
( Newburyport,

!

Robert W. Patten, .
Benjamin Evans, . .

Amesbury.
Salisbury.

2d,

Andover, .

Marcus Morton, Jr., .

Andover.

3d,

( Beverly,
} Wenham, .
( Topsfield .

Robert S. Rantoul, .
Francis M. Dodge, .

Beverly.
Wenham.

4th,

Danvers,

Francis P. Putnam, .

Danvers.

5th,

( Essex, . .
1 Manchester,

)

Charles Howes, . .

Essex.

6th,

( Georgetown,
l Groveland, .

)

i

Mark F. Edmonds, .

Georgetown.

7th,

Gloucester, .

(

1

Edward H. Pearce, .
Fitz J. Babson, . .

Gloucester.

8th,

Haverhill, .

.5

James H. Duncan,
Nathan S. Kimball, .

Haverhill.

9th,

( Ipswich,
( Hamilton, .

■ }

Joseph Ross, . . .

Ipswich.

10th,

5 Wards 3 and 4
I rence,

, Law

-.\

William Hardy, . .

Lawrence.

11th,

5 Wards 1, 2,
i Lawrence,

and 6

■■}

John C. Hoadley, . .

Lawrence.

12th,

Wards 2 and 5

Lynn

,

John Lovejoy, . . .

Lynn.

13th,

(Wards 1, 6,
( Lynn, . .

and 7

:|

Joseph W. Abbott, .

Lynn.

14th,

5 Marblehead &
\ 5, Salem,

Wan

1}

Thomas D. Hamson, .

Marblehead.

HOUSE OF REPRESENTATIVES.
COUNTY OF ESSEX— Continued.

207

Town or Ward.

15th,
16th,

17th,

18th,
19th,

20th,

21st,
22d,

23d,

24th,

25th,
26th,

Kame of Bepresentative. i Kesidence.

( Methuen and Ward l_
I 5, Lawrence, . . ^ |

5 Nahant and Ward 4, >
X Lynn, I

! Newbury, . .
West Newbury,
Rowley, . . .

j Wards 1 and 2, New- \
I buryport, • • • )

( Wards 3, 4 & 5, New- )
I buryport, • • • >

r Bradford, . . .
■} North Andover, .
(Boxford, . . .

Rockport,

Wards 1 & 3, Salem,

(Wards 2, 4 and 6,5
l Salem, . . . . |

rSaugus, ^

■< Lynnfield, . . . . v
(Middleton, . . . .)

South Danvers, . .

5 Swampscott, & Ward >
( 3, Lynn, . . . . )

George W. Butters, .
George H. Chase,

Benj. Edwards, Jr., .

Caleb Gushing,
Richard S. Spofford, Jr.

Enoch Wood, . . .

William W. Marshall,

George Andrews, . .

Stephen A. Chase,
William C. Prescott, .

Jonathan Newhall, .

Richard Smith, . .
Thomas S. Bates, . .

Methuen.
Lynn.

West Newbury.

Newburyport.
Newburyport.

Boxford.

Rockport.
Salem.

Salem.

((

Saugus.

South Danvers.
Lynn.

COUNTY OF MIDDLESEX.

1st,

2d,

3d,
4th,

Ward 1, Charlestown, Edward Lawrence, . Charlestown.

I WardsS &3, Charles- } \ J-J/jlSeU, ; ; ^''^'If '°''"-

I town, J T T>

*• ( Lyman rray, . . . | "

f

Somerville, .... Rollin W. Keyes, . . I Somerville.

Maiden, Phineas Sprague, . . ' Maiden.

208

HOQSE OF REPRESENTATIVES.

COUNTY OF MIDDLESEX— Continued.

Town or Ward.

Name of Representative.

5th,
6th,

7th,

8th,
9th,

10th,

11th,
12th,

13th,

14th,
15th,

16th,

17th,

18th,
19th,
20th,

Medford, . .

( West Cambridge,
( Winchester,

Cambridge, . .

( Newton,
I Brighton, .

[ Watertown,
I Waltham, .

( Concord,
} Line obi,
( Weston, . .

Natick, . .

( Holliston, .
I Sherborn, .

( Ashland,
I Hopkinton,

Framingham,

Marlborough,

( Stow, . .
< Sudbury,
( Wayland, .

f Acton, . .

Boxborough,

Littleton,
1_ Carlisle, . .

r Burlington,
■< Bedford,
( Lexington

Woburn,

( South Reading,
) Melrose,
( Stonehani,

Ohver Holman, . .

Moses Proctor, . . .

Nathan K. Noble,
William Page, . . .
William A. Saunders,

Edward J. Collins, .
Sedgwick L. Plumer,

Thomas L. French, .
James G. Moore, . .

George M. Brooks, .

Franklin Hanchett, .
Lauren Leland, . .

Albert Wood, . . .

Josiah H. Temple,
Leander E. Wakefield,

Benj. H. Richardson,

Daniel Wetherbee,

Charles K. Tucker, .

Charles S. Convei"se,

J. Sullivan Eaton,
Walter Littlefield, Jr.,

Medford.

W. Cambridge.

Cambridge.

Newton.
Brighton.

Watertown.
Waltham.

Concord.

Natick.
Holliston.

Hopkinton.

Framingham.
Marlborough.

Sudbury.

Acton.

Lexington.

Woburn.

South Reading.
Melrose.

HOUSE OF REPRESENTATIVES.

COUNTY OF MIDDLESEX— Continued.

209

District.

21st,

22d,

23d,

24th,

25th,

26th,
27th,

Town or Ward.

( Reading, . . . .

( North Reading, . .

rWihiiington, . . .

■< Tewksbury, . . .

(Billerica, . . . .

( Wards 1, 2 and 5,

( Lowell, . . . .

Wards 3, 4 and 6,
Lowell, . . . .

r Chelmsford,
■< Draeut, . . .
( Tyngsborough,

'Shirley, . .

Groton, . .

Dunstable, .

Westford, .

Pepperell, .

( Townsend, .

(Ashby, . .

I
Name of Representative. I Resilience.

Samuel P. Breed, . .

Dana Holden,

William G. Wise, . .
Sullivan Tay, • . .
Horatio G. F. Corliss,

Stephen K. Fielding,
John C. Jepson, . .
George Stevens, . .

Henry Richardson,

Robert P. Woods,
Eliel Shumway,

Cyrus A. Davis,

Reading.

Billerica.

Lowell.

((

Lowell.

u
a

Dracut.
Groton.

Ashby.

COUNTY OF WORCESTER.

1st,

5 Ashburnham,
1 Winchendon,

Jacob B. Harris, . .

Winchendon.

2d,

( Athol, . .
( Roj-alston, .

}

Isaac Stevens, . . .

Athol.

3d,

( Dana, . .
< Petersham, .
( Phillipston,

i

John G. Mudge, . .

Petersham.

4 th 5 Templeton, .
' ( Hubbardston,

}

Gerard Bushnell, . .

Templeton.

5th,

( Gardner,
( Westminster,

Thomas E. Glazier, .

Gardner.

27

210

HOUSE OF
COUNTY OF

REPRESENTATIVES.

WORCESTER— Continued.

Town or Ward.

6th,

7th,

8th,

9th,

10th,

11th,

12th,
1.3th,
14th,

15th,

16th,
17th,
18th,

19th,

fFitchburg, .
J Leominster,
j Sterlinoj,
[_ Lunenburg,

( Harvard,

< Bolton, .
( Berlin, .

( Clinton, .
I Lancaster,

( Princeton,
-| Rutland,
( Oakham,

( Barre, .
( Hardwick,

( Warren, . .
} West Brookfield,
( New Braintree,

( North Brookfield,
I Brookfield, . .

( Leicester, . .
I Spencer, . .

(West Boylston,
} Holden, . .
( Paxton, . .

( Shrewsbury,
■). Northborough,
( Boylston, .

j Westborough,
( Southborough,

Grafton, . . .

J Northbridge, .
( Upton, . . .

Milford, . . .

Kame of Representative.

Amasa Norcross, .
James Bennett,
Samuel Osgood,

John E. Fry, . . .

Horace Faulkner,

James Allen, . . .

Charles Brimblecora, .

Samuel E. Blair, . .

Amasa Walker, . .
Joseph A. Denny,

James E. Cheney,

Milo Hildreth, . . .

Otis Newton, . . .

Rufus E. Warren,

Henry D. Johnson, .

John S. Scammell, .

Andrew J. Sumner, .

Fitchburg.

Leominster.

Sterlinji.

Bolton.

Clinton.

Oakham.

Barre.

Warren.

N. Brookfield.
Leicester.

Holden.

Northborough.

Westborough.
! Grafton.

j Upton.

I

I aiilford.

HOUSE OF REPRESENTATIVES.
COUNTY OF WORCESTER— Continued.

211

Town or Ward.

Name of Representative.

Residence.

20th,
21st,
22d,

23d,

24th,

25th,

26th,

27th,

28th,

29th,
30th,

( Uxbridge, .
I Mendon,

Blackstone,

( Webster,
I Douglas,

( Southbridge,
I Dudley, . .

^ Charlton,
I Sturbridge, .

( Oxford, . .
< Sutton, . .
( Millbury, .

5 Auburn, and Ward 7
( 6, Worcester, . . )

Wards 1 and 2, Wor-
cester, . . . .

Wards 3 and 8, Wor-
cester, . .

Wards 4 and 5, Wor-
cester, . . . .

Ward 7, Worcester, .

:}

Samuel W. Scott,
Samuel Thayer, Jr., ,
Lyman Sheldon, . .

John O. McKiustry, .

Aaron H. Marble,

Hosea Crane, . . .
Simon J. Woodbury,

Albert L. Benchley, .

Alexander Thayer, .

Dexter F. Parker,

James S. Woodworth,
O. H. Tillotson, . .

Uxbridge.
Blackstone.

Webster.

Southbridge.
Charlton.

Millbury.
Sutton.

Worcester.

Worcester.

Worcester.

Worcester.
Worcester.

COUNTY OF HAMPSHIRE.

1st,

2d,

3d,

f Easthampton,
) Hatfield, .

Northampton,

l_ Southampton,

f Chesterfield,
J Huntington,
I Westhampton,
[_ Williamsburg,

' Cummington,
Goshen, . .
Middlefield,
Plainfield, .

^Worthington,

William F. Arnold,
Orrin R. Moore, .

Joel Cook,

William H. Bates,

Northampton.
Southampton.

Westhampton.

Worthington.

212

HOUSE OF REPRESENTATIVES.

COUNTY OF HAMPSHIRE— Continued.

Town or Ward.

4th,

5th,

6th,

j Hadley )

( South Hadlej^ . . |

( Amherst,
< Granby, .
(Pelham, .

'Belchertown,
Enfield, . .
Greenwich,
Prescott,

^ Ware, . .

Name of Representative. I Residence.

Leicester W. Porter, Hadley.

George Warner, . . Amherst,

Benjamin Davis, Jr.,
Rufus D. Woods, . ,

Ware.
Enfield.

COUNTY OF HAMPDEN.

1st,

2d,
3d,

4th,

5th,

6th,

7th,

8th,

9th,
10th,

rBrimfield, . . .
j Monson, ....
1 Holland, . . .
[Wales, . . . .

Palmer,

Wilbraham,
Longmeadow,

;}

Wards 1 & 2, Spring-
field,

( Wards 3 & 4, Spring- )
1 field, . . ^ ..\

( Wards 5, 6, 7 and 8,
I Springfield, . . .

5 Chicopee, .
( Ludlow, . .

5 Holyoke, . . .
( West Springfield,

TAgawam, . . .
< Southwick, . . .
( Granville, . . .

Westfield, . . .

John W. Foster, . .

Solomon A. Fay, . .
Roderick Burt, . .

Marvin Chapin, . .

Henry Vose, . . .

Hiram Q. Sanderson,

George H. Chapman,
James Renney, . .

Elbridge G. Pierce, .

Andrew J. Marvin, .
George Green, . .

Monson.

Palmer.
Wilbraham.

Springfield.

Springfield.

Springfield.
Chicopee.

u

Holyoke.

Southwick.
Westfield.

HOUSE OF REPRESENTATIVES.

COUNTY OF HAMPDEN— Continued.

213

District. Town or Ward.

1

Name of Representative.

Residence.

11th,

' Chester, '

Blandford, ....

- Tolland, . . . . -

Montgomery, . . .

Russell,

Charles W. Knox, .

Chester.

COUNTY OF FRANKLIN.

1st,

2d,

3d,
4th,

5th,

6th,
7th,

'Bernardston,
Colrain, .
Greenfield,
Gill, . .
Leyden, .
Shelburne,

' Buckland,
Charlemont

•I Heath, .
Monroe, .
_ Rowe,

( Ashfield,
■} Conway,
( Hawley,

( Deerfield,
I Whately,

r Leverett, .
J Shutesbury,
I Sunderland,
LWendeU, .

rErving, . .
■} Montague, .
(Northfield, .

TNew Salem,
■< Orange, . .
( Warwick, .

Pliny Fisk, . . .
George D. Wells,

William T. Clement, .

William C. Campbell,
Horatio Hawks, . .

Alden C. Field, . .

Solomon C. Wells, .
Davis Goddard, . .

Bernardston.
Greenfield.

Buckland.

Conway.
Deerfield.

Leverett.

Montague.
Orange.

214

HOUSE OF REPRESENTATIVES.
COUNTY OF BERKSHIRE.

1st,

2d,

3d,

4th,

5th,
6th,

7th,

8th,
9th,

Town or Ward.

Name of Representative.

r Hancock, . .
J Lanesborough,
1 New Ashford,

L Williamstown,

r Adams, .
I Cheshire,
^ Clarksburg,
j Florida, .
t Savoy, .

rPittsfield,
■< Dal ton, .
( Richmond,

Becket, .

Hinsdale,

Peru,

Washington

Windsor,

r Lenox, .

■< Stockbridge,

( West Stockbridge,

(Lee,

\ Tynngham, . .

( Great Barrington,

^Alford, ....
(Monterey, . . .

( New Marlborough,
■< Sandisfield, . .
(Otis,

r Sheffield, . . .
) Mount Washington,
(Egremont, . . .

Calvin R. Taft,*

Russell C. Brown,
Sylvander Johnson,f ,

Julius Rockwell, .
Edward Larned,{.

John Smith,

George W. Kniffin,
Jonathan F. Cook,
William Dewey, .

James Hyde, . .

Chester Goodale, .

Williamstown.

Cheshire.
Adams.

Pittsfield.

Becket.

W. Stockbridge.

Lee.

Gt. Barrington.

N. Marlboro'.

Earremont.

* Contested and obtained seat of John M. Cole — member certified,
t Contested and obtained seat of Lansing J. Cole — member certified-
t No attendance — did not qualify.

HOUSE OF REPRESENTATIVES.
COUNTS OF NORFOLK.

215

Town or Ward.

1st,

2d,

3d,

4th,

5th,

6th,
7th,

8th,

9th,
10th,

11th,

12th,
13th,
14th,

Dedham, . .
West Roxbury,
Brookline, . .

Roxbury,

Dorchester,

Quincy, . . .
Braintree, . .

Weymouth,

Randolph, .
Stoughton, .

f Canton, . .

I Milton, . .

Walpole,

[^ Sharon,

SFoxborough,
Wrentham,
Medway,

( Franklin, .
\ Bellingham,

( Needham, .
} Medfield, .
( Dover, . .

Name of Kepresentative.

Ezra W. Taft, . . .

Abijah W. Draper, .

Thomas Parsons, . .

Samuel Walker, . .
Henry Willis, . . .
James Guild, . . .

Edward H. R. Ruggles,
George M. Browne, .

Franklin Curtis, . .

Horace Abercrombie,

Nathaniel Shaw, . .
Lot W. Bicknell, . .

Jonathan Wales, . .

Cyrus S. Mann, .

Jos.McKean Churchill,

Daniels Carpenter, .
William B. Boyd, . .

Steph. W. Richardson,

Lauren Kingsbury,

Dedham.
West Roxbury.
Brookline.
Roxbury.

u

Dorchester.

Quincy.

Braintree.

Weymouth.

Randolph.
Stoughton.

Milton.

Foxborough.
Medwav.

Franklin.

Needham.

COUNTY OF BRISTOL.

1st,
2d,

I Pawtucket, ....
I Attleborough, . . .

(Mansfield, . . . .
(Norton,

William W. Blodgett,
Horatio N. Richax'dson,

John Crane, . . .

Pawtucket.
Attleborough.

Norton.

216

HOUSE OF REPRESENTATIVES.
COUNTY OF BRISTOL— Continued.

District.

1

Town or Ward.

Name of Representative.

Residence.

3d,

( Easton, ....
\ Raynham, . . .

•|

Horace D. Howard, .

Easton.

4th,

Taunton, . . .

Charles Foster, . .
Harrison Tweed, . .
Marcus Morton, . .

Taunton.

5th,

( Rehoboth, . . .
( Seekonk, . . .

Joel Marble, . . ,

Seekonk.

6th,

TDighton, . . .
-; Somerset, . . .
( Swanzey, . . .

Jervis Shove, . . .

Dighton.

7th,

Fall River, . . .

Josiah C. Blaisdell, .
Jonathan E. Morrill, .

Fall River.

8th,

Westport, . . .

Ezra P. Brownell,

Westport.

9th,

Dartmouth, . .

Nathaniel Potter, Jr.,

Dartmouth.

10th,

5 Wards 1 and 2, New
I Bedford, . . .

William H. Allen, .
Hattil Kelley, . . .

New Bedford.

11th,

( Wards 3, 4, 5 and 6
i New Bedford, .

Robert C. Pitman,
Samuel Watson, . .
Thomas PI. Soule,

New Bedford.

(I

(1

12th,

r Berkley, . . .
■< Freetown, . . .
(Fairhaven, ....

Martin L. Eldridge, .
Thomas G. Nichols, .

Fairhaven.
Freetown.

COUNTY OF PLYMOUTH.

( Hull, ^

George M. Allen, . .

1st,

■< Cohasset, . .
( Scituate, . .

:1

Scituate.

2d,

Hingham, . . .

Elpalet L. Cushing, .

Hingham.

3d,

j South Scituate, .
( Hanover, . . .

•I

• >

Lemuel C. Waterman,

South Scituate.

4th,

( Marshfield, . . .
I Pembroke, . . .

:}

Henry Blanchard,

Marshfield.

HOUSE OF REPRESENTATIVES.
COUNTY OF PLYMOUTH— Continued.

217

District.

Town or Ward.

Name of Representative.

5th,
6th,
7th,

8th,

9th,
10th,

11th,

12th,

13th,

j Duxbury,
( Kingston,

( Plymouth,
( Carver, .

5 AVarehara,
( Marion, .

TMattapoisett,
■< Rochester, .
(Lakeville, .

Middleborough,

( Bridgewater, .
( West Bridgewater

( East Bridgewater,
I North Bridgewate;

Abington, . . .

(Hanson, . . . .
-; Halifax, . . . .
( Plympton, . . .

William Ellison,* . .

Rnfus C. Freeman, .
John B. Collingwood,

John M. Kinney, .

Jonatlian H. Holmes,

Foster Tinkham, . .

Elbridge Keith, . .

Paul Couch, . . .
Benjamin W. Harris,

William L. Reed, . .
Daniel U. Johnson, .

Edwin Inglee, . . .

Duxbury.
Plymouth.

Wareham.

Mattapoisett.

Middleborough.

Bridgewater.

N. Bridgewater.
E. '"

Abington.
Halifax.

COUNTY OF BARNSTABLE.

(Barnstable,
1st, I -^ Sandwich,
j (Falmouth,

f Yarmouth,
c,^ J Dennis, .
' I Harwich,
[^ Chatham,

j (Brewster,
3d, -s Orleans,
(Eastham,

i ( Wellfleet,
4th, - Truro, .

(Provincetown,

Paul Wing, , .
. I John A. Baxter,
Zenas D. Basset,

} I Luther Studley,
' y I John W. Atwood,

j Thomas Dodge,

Ira Mayo.

Nathaniel E. Atwood,
Thomas H. Lewis,

Sandwich.
Barnstable.

Dennis.
Chatham.

Orleans.

Provincetown^

Wellfleet.

* Deceased, and William Bradford chosen to fill vacancy.
28

<

218

1st,

HOUSE OF REPRESENTATIVES.
COUNTY OF DUKES.

Town or Ward.

Kame of Kepresentative. Kesidence.

r Edgartown,
■} Tisbury .
( Chihnark, .

Charles B Allen,

Tisbury.

1st,

COUNTY OF NANTUCKET.

Nantucket, .

Joseph Mitchell,

Charles Wood,*

I Nantucket.

* Resigaed, and Peleg Ray chosen to fill vacancy.

WILLIAM STOWE, CUrk.

Rev. WARREN BCTRTON, Chaplain.

BENJAMIN STEVENS, S^.rgeant-at-Anns.

Alexis Poole, Door-keeper .
Henri Oaks, Messenger.

QusiAVUS E. IlAViNES, AssistaiU-Messenger.
William Say ward, Postmaster.

Joseph P. Dexter. Jr., Page.
Amasa II. Tolmau, Page.

€)onnuoutoeall|) of Passadjusetls*

Secretary's Office, Boston, \
May 15, 1858. j

I hereby certify that the printed Acts, Resolves, &c.,
contained in this volume, are true copies of the originals.

OLIVER WARNER,

Secretary of the Commonwealth.

GENERAL STATUTES

AND

SPECIAL ACTS

OF

MASSACHUSETTS,

PASSES

1859.

I^' The General Court of 1859 assembled in the State House in Boston, on
Wednesday, the fifth day of January, and was prorogued on Wednesday, the
sixth day of April.

The oaths of office, required by the Constitution, were administered to His
Excellency Nathaniel P. Banks, on Friday, the seventh day of Januarj-.

ACTS,

GENERAL AND SPECIAL

An Act to extend the time for the construction of a rail- Qfidp^ \ .

ROAD, BY THE BOSTON AND WORCESTER RAILROAD CORPORATION "

between certain points, and for changing the LOCATION OF
A PORTION OF THEIR RAILROAD.

Be it enacted by the Senate and House of Representatives, in General Court
assembled, and by the authority of the sayne, as follows:

The time allowed the Boston and Worcester Railroad ^'^^^^'end'ed^fo
Corporation for locating, constructing and completing the june9, 1862.
railroad authorized to be constructed by an act approved on
the ninth day of May, in the year eighteen hundred and
fifty-seven, entitled " An Act authorizing the Boston and
Worcester Railroad Corporation to change the location of a
portion of their road and for other purposes," is hereby
extended until the ninth day of June, in the year eighteen
hundred and sixty-two. Approved January 31, 1859.

An Act to incorporate the indian orchard mills. Chan. 2.

Be it enacted, S^c, as folloios :

Section 1. Jabez C. Howe, George 0. Hovey and George corporators.
S. Bullens, their associates and successors, are hereby made
a corporation, by the name of Indian Orchard Mills, for the Name.
purpose of constructing and maintaining a dam or dams Purpose.
across the Chicopee River, from some point or points in or Location.
near the Indian Orchard Village, in the city of Springfield,
to other point or points in the towns of Ludlow or Chicopee
on the opposite side of said river ; and one or more locks
and canals in connection with the said dam or dams ; and
of creating and maintaining a water-power to be used by
said corporation for the manufacturing of articles from
cotton, wool, silk, flax and other materials ; and to be sold
or leased to other persons or corporations to be used for
manufacturing or mechanical purposes ; and shall have all Privileges, re-
the powers and privileges, and be subject to all the duties,
liabilities and restrictions set forth in the thirty-eighth and

Real estate
$400,000.

224 1859.— Chapters 3, 4, 5.

forty-fourth chapters of the Revised Statutes, and in the two
hundred and seventy-sixth chapter of the acts of the year
one thousand eight hundred and fifty-seven.

chTsr &c ^"'^' Section 2. The said corporation shall have full power
and authority to purchase, take, hold and receive, and to
sell and dispose of all or any portion of the lands, buildings,
dams, canals, water-power and water privileges heretofore
owned or enjoyed by the corporations known as the Indian
Orchard Canal Company and the Ward Manufacturing
Company.

SlRn^.l^A**""" Section 3. The capital stock of said corporation shall

$600,000. ,- f. • , TT1 1111 1

not exceed the sum oi six hundred thousand dollars ; and
it may hold real estate to the amount of four hundred thou-
sand dollars.

under^par.'"'"'''^ SECTION 4. No sharcs 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.

Section 5. This act shall take effect from and after its

passage. Approved January 31, 1859.

Chap. 3. -^^ -^CT EXTENDING THE TIME FOR THE PAYMENT OF THE CAPITAL
STOCK OF THE SUFFOLK RAILROAD COMPANY.

Be it enacted, cVc, as folloios:

uJTapru/stock The time allowed the Suffolk Railroad Company, by the
extended one elcventli scctioii of thc two hundred and eighty-fifth chapter
of the acts of the year eighteen hundred and fifty-seven, to
pay in ten per centum of their capital stock, is hereby
extended one year beyond the time now required by law.

Approved January 31, 1859.

Chart 4 '^^ "^^^ ^^ amend the act incorporating THE NEWBURYPORT

^" * SOCIETY FOR THE RELIEF OF AGED FEMALES.

Be it enacted, Sfc, as follows:
ameuded^^ Thc sccoud scctiou of the act entitled, " An Act to incor-

porate the Newburyport Society for the relief of Aged
Females," passed April tenth, eighteen hundred and thirty-
nine, is hereby so altered and amended, that the said cor-
poration may hold real and personal estate not exceeding in
amount the sum of thirty thousand dollars, to be devoted
exclusively to charitable purposes. Approved January 31, 1859.

Chap. 5. An Act to reduce the capital stock op the mystic river rail-
road, AND TO EXTEND THE TIME TO LOCATE AND CONSTRUCT THE
SAME.

Be it enacted, Sfc, as foUoios :

Capital $100,000. Section 1. Thc capital stock of the Mystic River Rail-
road Corporation shall not exceed one hundred thousand

year

1859.— Chapter 6. 225

dollars, not less than eighty thousand of which shall be $8o,ooo to be
subscribed for by responsible parties, and twenty per centum subscribed, &c.
thereof paid into the treasury of the company, before said
railroad shall be located.

Section 2. The time allowed to locate and construct said Time for con-
railroad is hereby extended two years from the periods now e/twoTeaw.^"**
fixed by law.

Section 3. All acts or parts of acts heretofore passed, Repeal,
inconsistent with this act, are hereby repealed.

Apj)roved January 31, 1859.

An Act to incorporate the holyoke water-power company, pj ^

Be it enacted, Sfc, as follotvs : ' "'

Section 1. William Appleton, George W. Lyman, Francis corporators.
Bacon, Augustus H. Fiske, their associates and successors,
are hereby made a corporation, by the name of the Holyoke Name.
Water-Power Company ; for the purpose of upholding and Purpose,
maintaining the dam across the Connecticut River, hereto-
fore constructed by the Hadley Falls Company, and one or
more locks and canals in connection with the said dam, and
of creating and maintaining a water-power, to be used by
said corporation for manufacturing and mechanical purposes,
and to be sold or leased to other persons or corporations, to
be used for like purposes ; and shall have all the powers and Privileges, re-
privileges, and be subject to all the liabilities and restric- ^*"''*"'"'*' ^''•
tions, set forth in the thirty-eighth and forty-fourth chapters
of the Revised Statutes, and in the two hundred and seventy-
sixth chapter of the acts of the year one thousand eight
hundred and fifty-seven.

Section 2. The said corporation shall have full power May purciiase
and authority to purchase, take, hold, receive, sell, lease f/y^fliis^*^ dem-
and dispose of all or any part of the estate, real, personal or p^^^' *'•'■
mixed, with all the water-power, water-courses, water-privi-
leges, dams, canals, rights, easements and appurtenances,
thereto pertaining or belonging, or therewith connected, or
which have at any time heretofore belonged unto or been the
property of the said Hadley Falls Company, and any other
real estate that may be required for the use of said corpora-
tion, for purposes contemplated by this act.

Section 3. For the purpose of reimbursing the said Rates of ton.
corporation in part for the cost of keeping said locks and
canals in repair, and attending unto the same, it shall be
lawful for them, with the consent of the proprietors of the
locks and canals on the Connecticut River, to charge, on all
descriptions of merchandise, boats and rafts, the same rates

226 1859.— Chapters 7, 8, 9.

of toll as are allowed by law to the said proprietors for similar

service.
Capital not to ex- SECTION. 4. The Capital stock of said corporation shall
shares of $100 not oxcced the sum of six hundred thousand dollars, to be
7'^^sh es iss ed ^^^i^^^^ 1"^^ sharcs of one hundred dollars each ; and no
under par. sliarcs in tlic Capital stock thereof 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 5. This act shall take effect from and after its

passage. Approved January 31, 1859.

Chap. 1 . ■^'^ -^CT CONCERNING THE MILEAGE OF MEMBERS OF THE COUNCIL.

Be it enacted, ^'c, as follotOs :

Mileage. Section 1. The members of the executive council shall

receive one dollar for every five miles travel from their
respective places of abode, once in each session thereof.

Repeal. SECTION 2. All provisious of law inconsistent herewith

are hereby repealed, and this act shall take effect from and
after its passage. Approved February 2, 1859.

Chap. 8.

An Act making appropriations for the mileage and compensa-
tion OF the members of the legislature, at the present
session thereof.
Be it enacted, ^c, as follows :

Appropriation for Section 1. Thc suuis hereinafter mentioned are appro-
priated, and shall be allowed and paid out of the treasury of
this Commonwealth, from the ordinary revenue, upon the
warrants of the governor, for the purposes specified, to meet
the expenses for mileage and compensation of the members
of the senate and house of representatives at the present
annual session thereof:

Compensation For the niilcage of senators, a sum not exceeding four

and mileage. iiiiii

hundred dollars.

For the mileage of representatives, a sum not exceeding
two thousand four hundred dollars.

For the compensation of senators, a sum not exceeding
twelve thousand three hundred dollars.

For the compensation of representatives, a sum not exceed-
ing seventy-two thousand four hundred dollars.

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

passage. Approved February 2, 1859.

CJiap. 9 An Act concerning the metropolitan railroad company.

Be it enacted, Sfc, as follows :

urauThorfzed^^'" Section 1. The Metropolitan Railroad Company is here-
by authorized to increase its capital stock, by adding thereto
q, sum not exceeding four hundred thousand dollars, and to

1859.— Chapters 10, 11, 12. 227

invest such portion thereof in real estate, in the town of
Dorchester, as may be necessary and convenient for the
purposes for which said company was incorporated : pro- provi.w.
vided, however, that no shares in the capital stock hereby
authorized, shall be issued for a Jess sum or amount, to be
actually paid in on each share, than the par value of the stock
of said company.

Section 2. The legislature may at any time repeal this ^^'^y •■epeai, &c.
act, and the three hundred and fifty-third chapter of the acts
of the year eighteen hundred and fifty-three, incorporating
said Metropolitan Railroad Company, or limit, restrict or
annul any powers in said acts granted.

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

passage. Approved February 3, 1859.

An Act to extend pearce's wharf in the town of Gloucester, Chap. 10.
Be it enacted, §'c., as follows :

William Pearce Parrott and others, proprietors of a wharf May extend
known as Pearce's wharf, in Gloucester, are hereby author-
ized to extend and maintain said wharf in its present width,
sixty feet into the harbor, in the direction it now runs ; and Rights, &c.
shall have the right to lay vessels at the end and sides of
said wharf, and receive wharfage and dockage therefor:
provided, however, that this grant shall in no wise impair Proviso,
the legal rights of any person. Approved February 3, 1859.

An Act to authorize the springfield fire and marine insur- Chap. 1 1 .

ANCE COMPANY TO INCREASE ITS CAPITAL STOCK.

Be it enacted, ^'c, as follows:

Section 1. The Springfield Fire and Marine Insurance increase of capi-
Company is hereby authorized to increase its capital stock,
by the addition thereto of a sum not exceeding one hundred
and fifty thousand dollars, to be divided into shares of one
hundred dollars each, to be paid in within two years from
the passage of this act, in such instalments as the directors
shall determine, and to be invested according to the laws of
the Commonwealth.

Section 2. The said corporation may hold real estate Real estate
for its use, in the city of Springfield, not exceeding forty '
thousand dollars in value, including the amount which it is

now authorized by law to hold. Approved February 3, 1859.

An Act extending the time for the construction of the agri- Chan. 1 2.

CULTURAL BRANCH RAILROAD. ^'

Be it enacted, §'c., as follows :

The time allowed to the Agricultural Branch Railroad gt',™^ti/„g^t''°^'
Company to construct its railroad, is hereby extended three ed.
years. Approved February 3, 1859.

228

1859.— Chapters 13, 14, 15.

Chap. 13.

Authorized to sell
real estate, &c.

Proceeds invest-
ed, &c.

Chap. 14.

Name changed.

May issue 3,000
shares, &c.

Liabilities, &c.

Chap. 15.

Corporators.

Name.
Purpo.se.

Privileges, re-
strictions, &c.

An Act to authorize the first baptist church in woburn,
to sell certain real estate.

Be it enacted^ §'c., as folloios :

Section 1. The First Baptist Church, in Woburn, is
hereby authorized to sell so much of the real estate
bequeathed to said church by the will of Peter Fisk, late of
said Woburn, deceased, as is situate in the town of Woburn ;
and the treasurer of said church, for the time being, is
hereby authorized to execute a deed or deeds to convey the
same.

Section 2. The proceeds of said sale shall be invested
in such manner as said church shall direct ; and the income
thereof, but no part of the principal, shall be expended in
the same manner as is provided in the will of said Peter
Fisk, and for carrying out the uses and trusts therein con-
tained. Approved February 3, 1859.

An Act to amend the charter of the waltham improvement

COMPANY.

Be it enacted^ Sfc, as follows:

Section 1. The Waltham Improvement Company, in
Waltham, may take the name of the American Watch
Company.

Section 2. The said company may issue shares, not
exceeding three thousand in number, which shall not be
liable to assessment exceeding one hundred dollars on each
share.

Section 3. The liabilities and privileges of said corpo-
ration shall remain unaltered, except to conform to the
provisions of this act.

Section 4. This act shall take effect from and after its

passage. Approved February 4, 1859.

An Act to incorporate the thurber medical association.
Be it enacted, ^c, as follows:

Section 1. Francis Leland, Allen C. Fay and John G.
Metcalf, their associates and successors, are hereby made a
corporation, by the name of the Thurber Medical Associa-
tion, for the purpose of improvement in the different
branches of medical science, the establishment of a library
of medical books and of the collateral sciences, and the
collection and preservation of specimens in healthy and
morbid anatomy and natural history ; 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.

1859.— Chapters 16, 17, 18. 229

Section 2. No person shall be admitted a member of Admission of
this association unless he shall be a member of the Massa- '^^'^^''"■
chusetts Medical Society.

Section 3. The meetings of this association shall be Meetings.
held in the town of Milford, in the county of Worcester.

Section 4. Said corporation may hold • personal estate Personal estate
not to exceed the sum of five thousand dollars, to be applied
exclusively to the purposes aforesaid.

Approved February 4, 1859.

An Act EXTENDING THE TIME FOR TAKIXG OUT EXECUTIOXS. Chat) 16

Be it enacted, Sj-c, as follows :

Section 1. No original execution shall be issued unless Executionsto be
within one year after the party shall be entitled to sue out year". AUas'with-
the same, and no alias or other successive execution shall ''^ ^^^ y^^^"^^-
be issued afterwards, unless each one be sued out within five
years after the return day of that which preceded it, except
as is provided by existing laws.

Section 2. Section six of the ninety-seventh chapter of ^^p®"*^-
the Revised Statutes and so much of section seven of the
same chapter as is after the word " surrender " in the third
line thereof, are hereby repealed. Approved February 4, 1859.

An Act to authorize thomas hinckley to build a wharf. nhnn 1 7
Be it enacted, Sfc, as follows : "'

Thomas Hinckley is hereby authorized to build and main- wharf in Fai-
tain a wharf extending not over one liundred and fifty feet '^°"'°-
from the high-water mark of his lot of land, and adjoining
land of Elihu Fish and heirs of John Webster, in Falmouth,
Woods' Hole, Little Harbor ; and shall have the right to lay Eights, &o.
vessels at the end and sides of said wharf, and to receive
wharfage and dockage therefor : 'provided^ however^ that Proviso,
this grant shall not interfere with the legal rights of any
person. Approved February 4, 1859.

An Act to extend battery wharf, in the town of Gloucester. r<Jj^y. } o
Be it enacted, §'c., as follows : I ' ' '

Frederick G. Low, proprietor of a wharf known as May extend
" Battery Wharf," in the town of Gloucester, is hereby '^^'""^'
authorized to extend and maintain said wharf, in its present
width, not exceeding one hundred and twenty-five feet in a
southerly and westerly direction towards the channel, and Rights, &o
shall have the right to lay vessels at the end and sides of
said wliarf, and receive wharfage and dockage therefor ; Proviso.
provided, however^ that this grant shall in no wise impair
the legal rights of any person. Approved February 4, 1859.

9

230

1859.— Chapters 19, 20, 21.

Chap. 19.

May extend dock,
and construct
sea-wall, &c.

May build wharf.
Proviso.

May sell lands,
&c.

Supervised by
commissioner.

Time extended.

Repeal.

Chap. 20.

Time for con-
struction ex-
tended.

Chaj). 21.

Extension of
street, &c.

An Act in additiox to " an act relating to the mystic river
corporation."

Be it enacted^ Sj^c, as folloivs :

Section 1. The Mystic River Corporation is hereby
authorized to extend a dock, if desired, from the channel
on the north-easterly side of their inclosure below Chelsea
Bridge, in a north-westerly direction towards said bridge ;
and to construct so much of their sea-wall as is required to
be built on a curved line in straight sections not exceeding
one hundred and fifty feet each in length ; but no part of
said wall so constructed shall extend beyond the line as
defined by the act to which this is an act in addition.

Section 2. Said corporation may build a band of pile
wharf around their sea-wall, on the outside, not exceeding
thirty-five feet in width : provided, however, that so much of
said pile wharf as is on the main channel, shall not extend
beyond the line of sea-wall now fixed by law ; and the sea-
wall authorized to be built upon that line may be set back
for that purpose.

Section 3. Said corporation may sell and convey by
deed, in fee simple, from time to time, their lands and
improvements to an amount not exceeding four-fifths of said
improvements. And all acts hereby authorized, shall be
done under the supervision of the commissioner mentioned
in the act to which this is an act in addition.

Section 4. The time allowed for completing the improve-
ments of said Mystic River Corporation, is hereby extended
ten years from the passage of this act.

Section 5. All acts or parts of acts inconsistent with
this act are hereby repealed. Approved February 4, 1859.

An Act to extend the time for the location and construction
of the springfield and farmington valley railroad.

Be it enacted, Sfc, as follotos:

The time for the location and construction of the Spring-
field and Farmington Valley Railroad, is hereby extended two
years from the time designated in their act of incorporation.

Approved February. 4, 1859.

An Act to authorize the city of boston to lay out a highway
by extending albany street.

Be it enacted, §"c., as folloivs:

Section 1. The board of aldermen of the city of Boston,
with the concurrence of the common council, and the
approval of the mayor thereof, are hereby authorized and
empowered to lay out a highway, in continuation of Albany
Street, in said city, not exceeding eighty feet wide, and

1859.— Chapters 22, 23. 231

extending from Maiden Street, across the tide water in tlie
south bay, so called, in any convenient direction or directions,
within the commissioners' line, as now established, to Troy
Street; and to protect said highway, if they shall deem it
necessary, by the erection of a sea-wall outside thereof:
provided^ hoivever, that no part of such sea-wall shall be
outside of the said commissioners' line : and also, if they
shall see fit, to widen the Dover Street Bridge between
Harrison Avenue and Foundry Street, so that the same may
be fifty feet wide and no more, between the points herein
designated.

Section 2. Any person or persons whose flats or land Damages, how to
shall be taken for the purpose aforesaid, shall have the same ^^® ^'
rights and remedies for the assessment and collection of
damages sustained by him or them, which are now provided
by law in cases where lands are taken for public highways.

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

passage. Approved February 4, 1859.

An Act relating to the printing of the documents of the (JJidv) 22

PUBLIC series. "'

Be it enacted, §"c., asfolloios:

Section 1. The fourth section of the forty-sixth chapter two thousand
of the acts of the year eighteen hundred and fifty-eight, is prfnted.'" ^^
hereby so far modified as to provide, that the number of
copies of the documents of the public series, that shall be
printed, shall be two thousand, instead of sixteen hundred
and fifty.

Section 2. Nothing herein contained shall alter or affect Act not to affect.
the proviso in said section. Approved February 5, 1859.

An Act to extend the time within which to construct a QJid^n 93

PORTION OF the MIDLAND RAILROAD. ^

Be it enacted, Sfc, as follows :

The time within which the Midland Railroad Company Time for con-
may construct that portion of their railroad which was tended!"^
originally incorporated as the Southbridge and Blackstone
Railroad Company, is hereby extended to the first day of
May, in the year eighteen hundred and sixty : provided, ProTiso.
hoivever, that any person whose land or other property has
been taken by said railroad company, shall have one year in
addition to the time now allowed, to avail himself of the
remedies provided in the thirty-ninth chapter of the Revised*
Statutes. Approved February 5, 1859.

232

1859.— Chapters 24, 25.

Chap. 24.

Reduction of cap-
ital authorized.

Proviso.

New shares $75.

Present capital
subject to tax till
certific.ateof bank
commis.-iieuers is
filed with gover-
nor, &c.

r

Chap. 25.

Act of 1851
amended.

An Act to reduce the capital stock of the salem bank, in

SALEM.
Be it enacted, ^c, as follows :

Section 1. The president, directors and company of the
Salem Bank, in Salem, are hereby authorized to reduce
their present capital stock to the sum of one hundred and
eighty-seven thousand five hundred dollars : provided, how-
ever, that no dividends of any part of the present capital
stock of said bank shall be made, nor shall this act be in
force, until the bank commissioners, or a majority of them,
shall have certified their opinion in writing, to the governor
and council, that tlie said corporation has sufficient funds for
the payment of all notes, bills, deposits and other demands
existing against it, and that, after the payment thereof,
the net sum of one hundred and eiglity-seven thousand five
hundred dollars will remain in said bank as capital stock,
in funds available for all usual and proper banking purposes.

Section 2. No change shall be made in the present
number of shares in said capital stock ; but new certificates,
in shares of seventy-five dollars each, shall be issued to the
respective stockholders entitled thereto, upon their surrender
of the certificates held by them.

Section 3. From and after the time when the said certifi-
cate of said commissioners shall have been delivered as
aforesaid, all the rights, duties and liabilities of said cor-
poration shall have relation to, and be governed by, said
reduced capital of one hundred and eighty-seven thousand
five hundred dollars ; and until the said certificate shall
have been made and delivered as aforesaid, the said corpo-
ration shall pay into the treasury of the Commonwealth,
the tax required by law to be paid on the present capital
stock of said bank. Approved February 14, 1859.

An Act to amend an act to authorize cities and toavns to
establish and maintain public libraries.

Be it enacted, ^'c, as folloios :

Section 1. The three hundred and fifth chapter of the
acts of the year eighteen hundred and fifty-one, is so far
amended as to allow any city or town to appropriate annu-
ally, for the maintenance and increase of a public library
within the same, a sum not exceeding fifty cents for each of
its ratable polls in the year next preceding that in which
such appropriation shall be made.

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

passage. Approved February 14, 1859.

1859.— CHArTERs 26, 27, 28, 29. 233

An Act in relation to the eliot fire insurance company, in nhf,^-. Oft

BOSTON. ^*

Be it enacted, ^c, as follows:

Section 1. The Eliot Fire Insurance Company, in Bos- i""ease of oapi-

, , 1 • T • • ■ 1 1 1 ''^' authorized.

ton, IS hereby authorized to increase its capital stock, by
adding thereto a sum not exceeding one hundred thousand
dollars: provided, however, that such addition shall be paid Proviso.
in within two years from and after the passage of this act.

Section 2. No stock shall be issued under this act, for a shares not to be

1 iji , 1^ • t ■ .1 issued less than

less sum or amount, to be actually paid in on each share, par value
than the par value of the original shares.

Approved February 11, 1859.

An Act relating to returns of elections. Chan. 27.

Be it enacted, ^^c, as follows :

The secretary of the Commonwealth shall, with the secretary to re-
returns of votes, which he is required by the constitution to number of bai-
lay before the senate and house of representatives, on the son vo'teTfor^""
first Wednesday of January, to be by them examined, also
return schedules showing the number of ballots which
appear to have been cast for each person voted for, in the
several cities and towns of the Commonwealth.

Approved February 14, 1859.

An Act authorizing samuel r. edwards and another to widen CfiaTj, 28.

TOWN RIVER IN QUINCY. -*' *

Be it enacted, Sfc, as follows :

Samuel R. Edwards and Charles H. Edwards are hereby May widen chan-
authorized to widen, straighten and deepen the channel of °^ '
Town River, in the town of Quincy, in the county of Nor-
folk : provided, hoivever, that this grant shall not in any Proviso,
manner interfere with the legal rights of any person or
persons whatever. Approved February 15, 1859.

An Act relating to the lowell institution for savings. Chew. 29.
Be it enacted, S)-c., as folloios :

Section 1. The Lowell Institution for Savings, is hereby Act continued.
continued as a corporation from and after the expiration of
its present charter, with all the powers and privileges, and
subject to all the duties, liabilities and restrictions, set forth
in the general laws of the Commonwealth relating to insti-
tutions for savings.

Section 2. This act shall take effect from and after its
passage. Approved'. February 15, 1859.

234

1859.— Chapters 30, 31, 32.

Chap, 30.

Corporators.

Name.
Purpose.

Privileges, ro-
strictious, &c.

Realand personal
estate, $100,000.

Donations, &c.,
to inure to the
corporation.

An Act to incorporate the roxbury mechanics' institute.
Be it enacted^ ^c, as follows:

Section 1. William Whiting, Donald Kennedy, James
Ritchie, their associates and successors, are hereby made a
corporation, by the name of the Roxbury Mechanics' Insti-
tute, to be established in the city of Roxbury, for the
purpose of maintaining a library, advancing science and the
useful arts, and promoting public instruction by classes,
lectures, discussions or otherwise ; 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 : and said corporation may hold real and personal
estate to the value of one hundred thousand dollars, to be
devoted as may be judged expedient to the furtherance of
the above named purposes.

Section 2. All donations, devises and bequests of real
or personal estate, which may be made to the Roxbury
Mechanics' Institute, or to the board of directors or managers
thereof, shall inure to the use and benefit of the corporation
hereby created, to be appropriated to the purpose or purposes
designated in any such donation, devise or bequest.

Section 3. Tliis act shall take effect from and after its

passage.

Chap. 31,

May extend
wharf.

Rights, &c.

Provided also.

Approved Felruary 15, 1859.

An Act to authorize hiram brooks to extend his wharf.
Be it enacted, ^'c, as follows:

Hiram Brooks, owner of a wharf situated in Cambridge,
on the westerly side of Charles River, and on the northerly
side of Hancock Free Bridge, is hereby authorized to extend
the same to the commissioners' line ; and he shall have the
right to lay vessels at the end and on the northerly side thereof,
and to receive wharfage and dockage therefor : provided,
however, that no part of said wharf or of the addition
thereto, shall be extended' soutlierly of the line of the
Hancock Free Bridge, or northerly, more than one Inuidred
and fifty feet from the line of said Bridge ; and provided,
also, that this act shall in no way impair the legal rights of
any person or corporation whatever.

Approved February 15, 1859.

Chap. 32

Agent authorized
to lease build-
ings, &c. J

Proviso. •

An Act relating to charles river and warren bridges.
Be it enacted, Sfc, as follows :

The agent of Charles River and Warren Bridges is hereby
authorized to lease, under such conditions and limitations as
the governor and council may direct, all buildings belonging
i^ to the ^Commonwealth situated on said bridges : provided,

1859.— Chapters 33, 34, 35. 235

however, that the form and substance of such lease, or
leases, shall be first approved by the governor and council,
and the same shall be determinable at their will.

Approved February 15, 1859.
An Act to incorporate the martha's vineyard agricultural nh^n QQ

SOCIETY, IN THE COUNTY OF "DUKES COUNTY." _/.'».

Be it enacted, ^'c, as folloios :

Section 1. Leavitt Thaxter, Allen Tilton, Charles B. corporators.
Allen, their associates and successors, are hereby made a
corporation by the name of the Martha's Vineyard Agricul- Name.
tural Society, for tlie encouragement of agriculture and the purpose.
mechanic arts, in the county of " Dukes County," by pre-
miums and other means ; with all the powers and privileges. Privileges, re-
and subject to all the duties, liabilities aJid restrictions of ^'■'■"'"°''*' *"=•
other agricultural societies established in this Common-
wealth.

Section 2. Said society shall be entitled, on the same Entitled to $200
terms as other incorporated agricultural societies, to receive th"treasury!^^°°^
annually, from the treasury of the Commonwealth, two hun-
dred dollars, under the provisions of the forty-second chapter
of the Revised Statutes, notwithstanding the restrictions
contained in the proviso of section second of said chapter.

Approved February 15, 1859.

Chap. 34.

An Act in addition to the acts relating to the boston dis-
pensary.

Be it enacted, §'c., as follows :

Section 1. In addition to the existing members of the Additional per-

,• c J.^ rt J. T\- xi J. ipj. sons entitled to

corporation 01 the Boston Dispensary, the present and future membership,
managers, treasurers and secretaries, shall be and become
members with all the rights of corporators.

Section 2. Said corporation may take and hold real and Reai and person
personal estate, to an amount in value not exceeding double
that authorized by the acts passed February twenty-sixth, in
the year eighteen hundred and one, and January thirtieth,
in the year eighteen hundred and fifty-two.

Approved February 15, 1859.

Chap. 35.

An Act concerning the brookline railroad company.

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

Section 1. The three hundred and fourth chapter of the Actofissr
acts passed in the year one thousand eight hundred and ^'^«°<i«'i-
fifty-seven, entitled, " An Act to incorporate the Brookline
Railroad Company," is hereby amended, by striking out
from the tenth sectiou thereof the words " one hundred," in

236 1859.— Chapter 36.

the two places where they occur, and inserting instead thereof
the word " fifty."
Mr.y sell fran- SECTION 2. The Brooklinc Raih'oad Company is hereby

chise &c to Me- l */ •'

tropoiitan Rail- authorizcd to lease or sell its franchise, rights and property,
road Company. ^^ ^^^^ Metropolitan Railroad Company, upon such terms as
may be agreed upon between said companies ; and if the
Brookline Railroad Company shall sell and transfer its fran-
chise, rights and property, as aforesaid, the Metropolitan
Railroad Company shall acquire and possess, in addition to
its own rights, powers, privileges and capital, all the rights,
Rights and priTi- powcrs, privileffcs and capital, conferred vipon the Brookline

leges acquired. V. • i i /^i i • , t> • ■ n ^ i

Railroad Company by its act oi incorporation ; and upon the
complete execution of such sale and transfer, the Brookline
Railroad Company shall cease to exist as a distinct corpora-
tion, to the same*extent and with like effect, as if its charter
had expired by limitation.
Art void unless, Section 3. This act shall be void, unless assented to by
the mayor and aldermen of the city of Roxbury, and the
selectmen of the town of Brookline.

Section 4. This act shall take effect from and after its

passage. Apj^roved February 17, 1859.

Chan 36 '^'^ ^^^ RELATIVE TO THE SPECIFIC PERFORMANCE OF WRITTEN
-^ ' ' CONTRACTS.

Be it enacted, Sfc., as follows :

wheu guardian SECTION 1. Whcii any pcrsoii sliall have entered into a
written contract writtcii coiiti'act for tlic coiiveyancc of real estate, and a guar-
convejance'^'^'^of dlau sliall bc aftcrwards appointed of such person and his
trhlve^'Mr^'Sc- estate before the making of such conveyance, the supreme
"on- judicial court and the judge of probate and insolvency for the

county wherein said real estate is situated, shall have original
and concurrent jurisdiction ; and the supreme judicial court
Proceedicgs. Or the Said judgc of probate and insolvency, upon a petition
duly presented by any person interested in said conveyance,
shall order the petitioner to give notice to all persons inter-
ested, that they may appear and show cause either for or
against the prayer of said petition.
Guardian may bo SECTION 2. If upou such hcariuo; bcforc Said court or

ordered to make .,., „ ,^ -x • ^ ^ ^ •

eoiivejances,&c. said judgc 01 probatc and insolvency, as the case may be, it
shall be made to appear that such person, if not under
guardianship, would be required to make such conveyance,
then the said court or the said judge of probate and insol-
vency, before whom said petition is pending, if it shall appear
that justice requires that such conveyance should be made,
shall order the guardian of such person to make such con-
veyance : and said conveyance so made shall have the like

1859.— Chapters 37, 38, 39. 237

force and effect as if made by such person when legally
competent to execute deeds of conveyance : provided, how- Proyiso.
ever, that when such order is made by a judge of probate
and insolvency, either party may appeal to the supreme
judicial court. Approved February 18, 1859.

Chap. 37.

An Act concerning real actions.

Be it enacted, Sfc, as folloios :

Section 1. Whenever a controversy exists as to any tract Lands in contro-
of land, parts of which are situated in two or more different lountiw, Lcuons
adjoining counties, all actions and proceedings concerning meLed'tn euh^r
such land, may be commenced and prosecuted in the courts county, &c.
of either of said counties ; and where actions or proceedings
have been instituted for any part of such land in one of such
counties, the court may, on motion, and notice to the defend-
ants, allow the plaintiff to amend his declaration or proceed-
ings, so that they shall also embrace the remaining land
situated in any other of said adjoining counties.

Section 2. This act shall take effect from and after its
passage. Approved February 18, 1859.

Chap. 38.

An Act making appropuiations for expenses of the state alms-
houses, AND THE HOSPITAL AT RAINSFORD ISLAND.

Be it enacted, Sfc, as follows :

Section 1. The sums hereinafter mentioned are appro- Appreciations
priated, and shall be allowed and paid out of the treasury of
this Commonwealth, from ordinary revenue, upon the war-
rants of the governor, for the purpose of meeting the current
expenses of the institutions hereinafter named, for the quar-
ter ending March thirty-first in the year one thousand eight
hundred and fifty-nine, to wit:

For the state almshouse at Tewksbury, a sum not exceed- Tewksbury.
ing nine thousand dollars.

For the state almshouse at Monson, a sum not exceeding Monson.
eight thousand dollars.

For the state almshouse at Bridgewater, a sum not exceed- Bridgewater.
ing eight thousand dollars.

For the hospital at Rainsford Island, a sum not exceeding ^"^p'*^^^' Rains-
five thousand dollars.

Section 2. This act shall take effect from and after its
passage. Approved February 18, 1859.

Chap. 39.

An Act to amend an act entitled " an act to secure the

safety of passengers at railroad crossings."
Be il enacted, Sfc, as follows:

Section 1. Chapter four hundred and fifty-two of the Actofisss
acts of the year one thousand eight hundred and fifty-five, """"

10

238

1859.— Chapters 40, 41.

Chap. 40.

Dividing line.

Chap.^X.

Authorized to re
ceiTef 9,215. 13.

entitled " An Act to secure the safety of Passengers at Rail-
road Crossings," is hereby so amended as to provide that
when two or more crossings, on the same railroad, are situ-
ate within six hundred feet of each other, one stop shall
suffice for both.

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

passage. Approved February 18, 1859.

An Act establishing the line between the towns of marion

AND ware HAM.

Be it enacted, ^'c, as follows :

The following described line shall hereafter be a part of
the dividing line between Marion and Wareham, viz. : com-
mencing at the junction of Sippican and Wevveantit rivers,
at a point bearing north, seventy-two and one-quarter
degrees east, four hundred and twenty-eight feet from a split
stone monument, marked M., on the top, standing on the
westerly bank of Sippican River, on land of William Rankin ;
thence running in a north-westerly direction, with the thread
or channel of Sippican River, to a point in the centre of said
channel, bearing north, fifty-one and one-half degrees east,
two hundred and thirty feet from a split stone post in the
centre of the terminus of the county road, near the old toll
bridge in Marion, said stone standing south, eighty-six
degrees west, one hundred and thirty-three and one-half
feet from a drilled hole in the top of a large rock in Sippican
River, in Marion ; thence running with the channel of said
river, to Mendell's Bridge, so called, in Marion.

Approved February 18, 1859.

An Act authorizing the treasurer to receive certain moneys
from the treasury of the united states.

Be it enacted, ^'c, as follows :

Section 1. The treasurer and receiver-general of the
Commonwealth is hereby authorized to receive, of the proper
officers of the United States treasury, the sum of nine thou-
sand two hundred and fifteen dollars and thirteen cents, the
sum appropriated for the reimbursement of expenditures
incurred by the Commonwealth, to enable the government
of the United States to fulfil the treaty of Washington, for
the settlement of the north-eastern boundary, April ninth, in
the year eighteen hundred and forty-two.

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

passage.

Approved February 18, 1859.

1859.— Chapters 42, 43. 239

An Act to incorporate the oriental fire and marine insurance ^i ^ q

COMPANY. i^nap. *^.

Be it enacted^ ^'c, as follows:

Section 1. Richard Girdler, William T. Haskell, David corporators.
Snow, their associates and successors, are hereby made a
corporation, by the name of the Oriental Fire and Marine Name.
Insurance Company, in the city of Boston, for the purpose purpose.
of making insurance against maritime losses and losses by
fire ; with all the powers and privileges, and subject to all Privileges, re-
the duties, restrictions and liabilities, set forth in the thirty- * ™ '°°''
seventh and forty-fourth chapters of the Revised Statutes,
and in all acts subsequently passed relating to insurance
companies.

Section 2. The said corporation shall have a capital capital $150,000.
stock of one hundred and fifty thousand dollars, divided into shares $100 each.
shares of one hundred dollars each, with liberty to pay in
and increase the same to any amount not exceeding two
hundred and fifty thousand dollars, and may hold real estate Real estate
for its own use to the value of fifty thousand dollars. .*5o,ooo.

Section 3. The said corporation may issue policies, $100,000 to be
whenever one hundred thousand dollars of its capital shall \^sL 0° po^^de^s^
have been subscribed, and paid in, in cash.

Section 4. This act shall take effect from and after its
passage. Approved February 18, 1859.

An Act to incorporate the dorchester extension railway, pj tn
Be it enacted^ §'c., as follows :

Section 1. Henry L. Pierce, Asaph Churchill and corporators.
Edward H. R. Ruggles, their associates, successors and
assigns, are hereby made a corporation by the name of the Name.
Dorchester Extension Railway, with power to construct, Powers,
maintain and use a railway or railways, with convenient
single or double tracks, to be operated by horse-power only,
from a point near the Lower Mills, so called, in the town of Location.
Dorchester, through Dorchester Avenue to the present ter-
minus of the Dorchester Railway, at Centre Street, in said
town of Dorchester, and to connect their tracks with the
tracks of said Dorchester Railway Company in said town of
Dorchester, on said Dorchester Avenue. And such corpora- Horse-power
tion may construct and maintain 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 said town of Dorchester, as the selectmen of said
town may by their votes, from time to time, permit or deter-
mine ; and said corporation shall have power to fix, from Rates of fare an
time to time, such rates of compensation for the transporta ^"'^'"-

240

1859.— Chapter 43.

Privileges, re-
strictious, &c.

Grade and gauge.

Notice to abut-
ters, &c.

Rate of speed,
&c.

Repairs, &c.

Penalty for ob-
structing corpo-
ration.

Penalty if corpo-
ration obstruct.

May pjjrch^se
real estate.

tion of 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.

Section 2. AH the tracks of said railway shall be laid in
such part of said avenue and streets, and shall be constructed
in such form and manner and upon such grades and with
such gauge as tiie selectmen of said town shall determine to
be for the public safety and convenience ; and such tracks
shall not be laid until the location thereof shall be authorized
and accepted by the selectmen of said town of Dorchester,
after notice to the abutters by publication in two newspapers,
one in the county of Suffolk, and one in the county of
Norfolk.

Section 3. The selectmen of said town shall have full
power at all times to make such regulations as to the rate of
speed and mode of use of said tracks as the public safety
and convenience may require.

Section 4. Said corporation shall maintain and keep in
repair such portions of said avenue and 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 carelessness, neglect or misconduct of its agents and
servants in the management, construction or use of said
tracks and road. 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 moneys thus recovered against it, together with all costs
and reasonable expenditures incurred by said town in the
defence of any such suit or suits in which such recovery shall
be had ; and such corporation shall not incumber any portion
of the streets not occupied by the said road or tracks.

Section 5. If any person shall wilfully and maliciously
obstruct said corporation in the use of its road or tracks, or
the passing of its cars or carriages thereon, or on any con-
necting road, such person or persons, and all who shall be
aiding and 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 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 be punished
by a fine not exceeding five hundred dollars.

Section 6. Said corporation shall have power to pur-
chase and hold euch real estate in said town of Dorchester as
shall be necessary op convenient for the purposes or man-

1859.— Chapter 43. 241

agement of said railway, and may lease their railway to any May lease, &c.
person or company, and may enter into contracts for the sale
or lease of said railway, or for the purchase or hire of any
connecting railway, with the company owning such con-
necting railway.

Section 7. The capital stock of said corporation shall not capital $50,000.
exceed fifty thousand dollars, to be divided into shares of snares $100.
one hundred dollars each ; and no share shall be issued for no shares issued
a less sum, to be actually paid in on each share, than the par
value of the shares which shall first be issued.

Section 8. The town of Dorchester may at any time after TownofDorches-

., •,• r., p ,1 • n i. fl tei- may purchase

the expiration 01 ten years irom the opening 01 any part 01 franchise, &c.
said railway for use, purchase of said corporation all the
franchise, property, rights and furniture of said corportion,
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 said corporation, deducting the dividends
received by said stockholder thereon.

Section 9. Nothing in this act shall be construed to Act not to pre-

, ., /I -i- -ii • ' ^ J. v J. • vent authorities,

prevent the proper authorities within said town irom entering &c.
upon and taking up any part of the public streets traversed
by said railway, for the purposes for which they may be now
lawfully taken up for repairs ; and at any time after the
expiration of one year from the opening for use of the track
or tracks of such railway on any street or road in which the
same may be located, the selectmen of said town may, by
vote of the major part thereof, determine that any part of
said track or tracks be discontinued, and thereupon the
location shall be deemed to be revoked, and the tracks of
said railway shall be taken up and removed, in conformity
with such vote or order of such selectmen ; and such taking
up and removal shall be at the expense of said corporation.

Section 10. This act shall be void unless the same shall Act void unless,
be accepted by the selectmen of said town and by said cor-
poration, and at least five thousand dollars of the capital
stock thereof paid in within six months after the passage of
this act. And this act shall also be void unless the railway
hereby authorized between said intersection of Centre Street
with said Dorchester Avenue and a point near said Lower
Mills shall be constructed within six months after the passage
of this act ; and after such passage, the right of said Dor- ,
Chester Railway Company to construct and maintain any
railway or sections of railway in said Dorchester, in such
part of said Dox'chester Avenue as lies south of Centre Street,

242

1859.— Chapter 44.

shall cease and determine, but shall revive in case this act
shall become void.
Connection with SECTION 11. The Dorcliestcr Extension Railway is hereby
Dorchester^^Rau- ay|;]jQpi2ed to cntcr upon aud run their cars and horses over
*^- the track of the Dorchester Railway Company, from their

present terminus at Centre Street, to the terminus in the city
of Boston, and back to said Centre Street, with power to
make, construct and maintain all necessary connections,
paying such rate of compensation therefor, as shall be agreed
upon from time to time ; and in case of disagreement 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; but nothing in this section shall
impair the power of the selectmen of said town and alder-
men of said city to remove the tracks of said Dorchester
Railway.

Section 12. Said corporation shall be deemed to be 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.

Section 13. The existence of this corporation shall be
limited to fifty years from the passage of this act : provided^
that the legislature may at any time repeal this act, or limit,
restrict or annul any powers herein granted.

Section 14. This act shall take effect from and after its

passage. Approved February 18, 1859.

Annual returns,
&c.

Duration.

Proviso.

Chap. 44.

An Act to incorporate the Suffolk fire insurance company.

Be it enacted, ^'c, as follows :

Section 1. James H. Lunt, Benjamin C. White, Sewell
Tappan, Frederic T. Bush, their associates and successors,
are hereby made a corporation by the name of the Suffolk
Fire Insurance Company, to be established in the city of
Boston, for the purpose of making insurance against losses
by fire ; with all the powers and privileges, and subject to
ail the duties, liabilities and restrictions, set forth in the
thirty-seventh and forty-fourth chapters of the Revised
Statutes, and in all the other general statutes that have
been or may hereafter be enacted, relating to fire insurance
companies.

Section 2. The said corporation shall have a capital
Shares $100. . stock of ouc hundred and fifty thousand dollars, divided
into shares of one hundred dollars each, with liberty to pay
in and increase the same to the sum of two hundred thou-
sand dollars.

Corporators.

Purpose.

Privileges, re
strictions, &c

Capital S200,000.

1859.— Chapter 45. 243

Section 3. The said corporation shall have power to issue of policies,
make insurance against losses by fire when the sura of one
hundred and twenty-five thousand dollars of the said capital
shall have been actually paid in, in cash, and not before.

Approved February 18, 1859.

An Act to incorporate the reading and stoneham gas light (JJiq^^ 45^

COMPANY. ^ '

Be it enacted, &fc., as follows:

Section 1. Lilley Eaton, Thomas Pratt, George 0. Car- corporators.
penter, B. J. Davenport, Alonzo M. Giles, John W. Leigh-
ton, John Hill, W. C. Tyler, H. L. Hazleton, John S. Tyler
and Henry Davenport, their associates and successors, are
hereby made a corporation, by the name of the Reading Name.
and Stoneham Gas Light Company, for the purpose of man- Purpose.
ufacturing and selling gas in the towns of Reading, South Location.
Reading, North Reading and Stoneham ; with all the powers Privileges, re-
and privileges, and subject to all the duties, restrictions and ^*"'''*°°^' ^^■
liabilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes, and in the two hundred and
seventy-sixth chapter of the acts of the year eighteen
hundred and fifty-seven.

Section 2. Said corporation may take and hold such whoie capital
real and personal estate as may be necessary for the purposes
aforesaid ; but the whole capital stock thereof shall not
exceed two hundred thousand dollars.

Section 3. Said corporation, with the consent of the May open
selectmen of the towns aforesaid of Reading, South Reading, ^'^°"° '
North Reading and Stoneham, shall have power and autlior-
ity to open the ground in any part of the streets, lanes and
highways in the said towns, for the purpose of sinking and
repairing such mains, pipes and conductors, as it may be
necessary to sink for the purpose aforesaid ; and the said Penalty, &c.
corporation, after opening the ground in such streets, lanes
or highways, shall be held to put the same again into repair,
under the penalty of being prosecuted for a nuisance : pro- Proviso.
vided, that the said selectmen for the time being, shall have
the power to regulate, restrict and control the acts and
doings of the said corporation, which may, in any manner,
affect the health, safety and convenience of the inhabitants
of said towns.

Section 4. No shares in the capital stock of the said .no stares to be

, 11 , . 1 /. 1 ^ J i 1 issued under par.

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 first be issued.

Section o. This act shall take effect from and after its
passage. Approved February 18, 1859.

244

1859.— Chapters 46, 47, 48.

Chap. 46.

' Act of 1826
amended.

Chap. 47.

May purchase
lands, &c.

Grade, &c.

Privileges, re-
strictions, &c.

Additional capi-
tal.

Ak Act in addition to an act to incorporate the supervisors
of the adams temple and school fund, in quincy.

Be it enacted, Sfc, as folloivs :

The third section of the fifty-ninth chapter of the acts of
the year eighteen hundred and twenty-six, is hereby amended
by adding thereto the following words : " And said super-
visors are further empowered to hold any real or personal
estate, to an amount not exceeding twenty-five thousand
dollars, given, bequeathed or devised to them for the chari-
table purpose of relieving any poor, old or suffering
individuals dwelling in said town of Quincy."

Approved February, 18, 1859.

An Act in addition to " an act to incorporate the tremont

improvement company."
Be it enacted, S^'c, as folloios :

Section 1. The Tremont Improvement Company may
purchase and convey any part of certain marsh and vacant
lands, situated partly in Roxbury and partly in Boston, on
the north-westerly side of Tremont Street, and adjoining the
land now owned by them : provided^ however^ the whole
amount of land held by said company shall not exceed the
number of acres to which they were originally limited by
their act of incorporation ; and may grade, drain and improve
said lands, and hold or divide the same or the proceeds
thereof among the stockholders ; with all the powers and
privileges in regard to such lands, and subject to all the
duties, liabilities and restrictions granted to or imposed upon
them, by the act of incorporation.

Section 2. Said company are hereby authorized to
increase their capital stock, by adding thereto a sum not
exceeding two hundred thousand dollars, and to invest
such portion thereof in real and personal estate, as may be
necessary and convenient for the purposes for which they
have been incorporated.

Section 3. This act shall take effect from and after its
passage. Approved February 18, 1859.

Chap. 48.

Extended two
years.

An Act to extend the time for locating and constructing

the new YORK AND BOSTON RAILROAD.

Be it enacted, §'c., as follows :

The time for locating and constructing the New York and
Boston Railroad, is hereby extended two years.

Approved February 18, 1859.

1859.— Chapters 49, 50, 51. 245

An Act to authorize william parsons, 2d, and others to Chan 4Q

EXTEND their NEW WHARF IN GLOUCESTER. /^'

Be it enacted, Sfc, as follows :

William Parsons, 2d, Thomas L. Parsons, Eben Parsons, Mayexteud
2d, and otiiers, proprietors of a wharf designated as the new
wharf of said proprietors, in Gloucester, are hereby authorized
to extend said new wharf one hundred and fifty feet soutli-
westerly in the direction of said new wharf; and also to
extend the said new wharf one hundred feet in a north-
westerly direction from low-water mark, being at right angles
with said new wharf : provided, however, that this act shall in proviso,
no wise impair the legal rights of any person or corporation.

Approved February 18, 1859.

An Act to incorporate the webster insurance company, of rjhnv) 5()

BOSTON. -t ■

Be it enacted, Sfc, as follows :

Section 1. George B. Upton, William F. Weld and corporators.
James M. Beebe, their associates and successors, are hereby
made a corporation by the name of the Webster Insurance Name.
Company, to be established in the city of Boston, for the pur- Location,
pose of making insurance against maritime losses and losses Purpose,
by fire ; with all the powers and privileges, and subject to Privileges, re-
all the duties, liabilities and restrictions, set forth 'in the ^'"°"°°^' ^«-
forty-fourth chapter of the Revised Statutes, and all other
general laws in force relating to insurance companies.

Section 2. The said corporation shall have a capital of capital $500,000.
five hundred thousand dollars, divided into shares of one shares $100.
hundred dollars each; and may issue policies whenever two issue of policies.
hundred and fifty thousand dollars of the capital shall have
been paid in, and may hold real estate for its use not exceed-
ing in value one hundred thousand dollars.

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

passage. Approved February 18, 1859.

An Act to authorize fitz e. riggs and another to extend

THEIR wharf in GLOUCESTER.

Chap. 51.

Be it enacted, &cc., as follows :

Fitz E. Riggs and Nathaniel Riggs are hereby authorized May extend
to extend their wharf situated on the south-westerly side
of Harl)or Cove, in Gloucester, a distance not exceeding
seventy-five feet in an easterly direction, in the following
manner, viz. : beginning at the south-easterly corner of said
wharf, thence running seventy-five feet in a line with the
southerly side of said wharf; thence ten feet in a north-
11

246

1859.— Chapters 52, 53, 54.

Ooi'porators.

Purpose.
Location.

Privilege.s, re-
.strictious, &c.

westerly direction ; thence in a straight line to the north-
proviso. easterly corner of said wharf: provided^ however^ that this

grant shall in no wise impair the legal rights of any person
or corporation. Approved February 18, 1859.

Chap. 52. ^ ^^"^ "^^ INCORPORATE THE OLD COLONY CORDAGE COMPANY.

Be it enacted, §'c., as folloios :

Section 1. Edward S. Tobey, Charles Soule, Jr., William
Sprague, George W. Reed, their associates and successors,
are hereby made a corporation by the name of the Old
Colony Cordage Company, for the purpose of manufacturing
cordage in the town of Plymouth, in the county of Plymouth,
and for the sale of the same ; and for this purpose shall have
all the powers and privileges, and be subject to all the duties,
restrictions and liabilities, set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes, and in the
two hundred and seventy-sixth chapter of the acts of the
year eighteen hundred and fifty-seven.

Section 2. The capital stock of said corporation shall
not be less than seventy thousand dollars nor more than one
hundred thousand dollars ; and said corporation may hold
real estate to the amount of forty thousand dollars.

Section 3. No shares in the capital stock of said cor-
poration 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. Approved February 18, 1859.

An Act to amend the charter op the American linen company.
Be it enacted, Sfc, as follows :

Section 1. The American Linen Company, in addition
to its other privileges, may manufacture cotton fabrics.

Section 2. Said company is hereby authorized to reduce
the par value of its shares to four hundred dollars.

Section 3. Said company is authorized to create eight
hundred and forty-eight additional shares of four hundred
dollars each.

Section 4. This act shall take efifect from and after its

passage. Approved February 19, 1859.

Capital not to ex-
ceed $100,000.

Real estate

$40,000.

No shares to be
i.ssued under par.

Chap. 53.

Cotton fabrics

Reductioyi of
shares.

Additional
shares.

Chap. 54:.

Act of 1837
atueuded.

An Act in addition to an act to regulate the fishery in

NEWBURY.

Be it enacted, Sfc, as folloios :

The third section of the one hundred and ninety-fifth
chapter of the acts of the year eighteen hundred and thirty-
seven, is hereby amended by striking out the words " five

1859— Chapters 55, 56, 57, 58. 247

Chap. 55.

dollars," and inserting in place thereof, the words "one
dollar for each fish so taken." Approved February 19, 1859.

An Act making an appropriation for the transportation of

state paupers.
Be it enacted^ Sfc, as follows :

Section 1. The sum of two thousand dollars is hereby ri.ooo appropr
appropriated, and shall be paid out of the treasury of the ***'''
Commonwealth, from the ordinary revenue, upon the war-
rants of the governor, for the transportation of state paupers .
during the quarter ending the thirty-first day of March, in
the year one thousand eight hundred and fifty-nine.

Section 2. This act shall take effect from and after its
passage. Approved February 19, 1859.

Chaj). 56.

An Act in addition to the several acts concerning courts of
probate in the county of dukp;s county.

Be it enacted, ^"c, as follows :

Section 1. In addition to the terms of the court of pro- Additional terms

, '111 1111P1 /.T-vi att.dgartownaud

bate now required by law to be held tor the county oi Dukes Tisbmy.
county, a court of probate shall be held at Edgartown in said
county, on the first Mondays of the months of June and
December, and at Tisbury in said county, on the first Mondays
of March and September, in each year.

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

passage. Approved February 2.3, 1859.

An Act relating to school reports. Chap. 57.

Be it enacted, ^c. , as follotvs :

The school committee of each town shall print the annual Form, &c.,ofre-
^ , , . , 1 1 i 1? n ports ; two copies

report, now required by law, in octavo pamphlet form, of to secretary.
the size of the annual reports of the board of education, and
transmit two copies thereof to the secretary of the Common-
wealth. Approved February 23, 1859.

An Act to incorporate the brookline hotel company. pj r r^

Be it enacted, Sj-c., as follows : ^'

Section 1. Charles Wild, William Aspinwall, George F. corporators.
Homer and Nathaniel Harris, their associates and succes-
sors, are hereby made a corporation by the name of the Name.
Brookline Hotel Company, for the purpose of erecting a purpose,
hotel in the town of Brookline and maintaining such public
house, and the buildings and improvements connected there-
with ; and also for the purpose of providing lodging-houses
in said town of Brookline, at moderate rates of payment for
accommodation therein ; and for^ these purposes shall have Privileges, re-
all the^powers and privileges, and be subject^ to all the duties, **"'=''°°^' *"'

248 1859.— Chapters 59, 60.

liabilities and restrictions, set forth in the forty-fourth chap-
Proviso. ter of the Revised Statutes : provided, however, that said

corporation shall not carry on the business of hotel-keeping,
or be in any way interested in such business.
Real and pergonal SECTION 2. The wholc amouut of real and personal
estate or capital stock which said corporation may hold for
the purposes aforesaid, shall not exceed two hundred thou-
sand dollars.

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

. passage. Apjproved February 23, 1859.

Chat) 59. ^^ ^^^ ^^ AUTHORIZE THE CHICOPEE MANUFACTURING COMPANY TO
^' ' CHANGE THE PAR VALUE OF ITS SHARES, AND TO ISSUE NEW

SHARES.

Be it enacted, Ss'c, as folloivs :

T^iue?f°hai^eT SECTION 1. Thc Chicopce Manufacturing Company is
hereby authorized to change the par value of the shares of
its capital stock, to such amount, not less than two hundred
and fifty dollars each, as shall be established by vote of the
stockholders thereof, at a meeting to be specially called for
that purpose, within one year from the passage of this act.
),ooo in new SECTION 2. Said corporation is also authorized to issue
new shares, of the par value so to be established, to an
amount not exceeding three hundred thousand dollars in

Disposal of, &c. addition to the capital stock now existing; such new shares
to be offered to the present stockholders in said corporation,
in proportion to the amount of the old stock held by each at
the time of the issue of such new shares ; and, if not accepted
by them, to be disposed of in such manner as shall be pre-
scribed by vote of the corporation.

Section 8. This act shall take effect from and after its

passage. Approved February 26, 1859.

shares.

Chap. 60.

An Act concerning the selection and employment of teachers
IN public schools.

Be it enacted, ^c, as follows:

le^rlo contact Section 1. Thc school committee of each town shall
upon satisfactory sclcct aud coutract with the teachers of the public schools ;
ehar!acter°^ ^and ^ud they sliall rcquirc full and satisfactory evidence of the
ability. good moral character of all instructors who may be employed,

and shall ascertain, by personal examination, their qualifica-
tion for teaching, and capacity for the government of
schools.

Section 2. This act shall take effect from and after July
first, in the year one thousand eight hundred and fifty-nine.

Approved February 26, 1859.

1859.-- Chapters 61, 62. 249

An Act in addition to an act to provide for tiik adoption of fhyy^j fil

CHILDREN. ^ '

Be it enacted, Sfc, as follows :

Section 1. The consent of any parent to the adoption of consent of parent
his child, shall not be required under the provisions of the "^^^ wiTfSr'de'*-
three hundred and twenty-fourth chapter of the acts passed sertion is proved.
in the year one thousand eight hundred and fifty-one, when-
ever it shall appear by the petition and shall be proved to
the satisfaction of the court, that such parent has wilfully
deserted and neglected to provide for the proper care and
maintenance of said cliild, for one year next preceding the
filing of the petition ; but the same proceedings may be had
on the petition as if such parent were dead.

Section 2. Whenever any parent shall not consent to upon refusal of
the adoption of his child, the court shall order personal sh,urgiVe notice
notice of the pendency of the petition to be given to such of thepTtuton^
parent, if to be found within the Commonwealth ; and if
such parent cannot be found therein, the petition and order
of the court thereon shall be published, once a week, for
three successive weeks, in such newspaper printed in the
county where the petition is pending, as the court shall
direct, — the last publication to be at least four wrecks before
the time appointed for the hearing : and the court may order
any further notice that it may deem necessary or proper :
and any parent who shall not have had personal notice of Parent may ap-
said petition, may apply to the supreme judicial court for a decre"ff!&c^ "
reversal of the decree of adoption, at any time within one
year after actual notice thereof; and the said court may,
after due notice, reverse said decree, if it shall be proved that
the parent applying for a reversal had not so wilfully deserted
or neglected to provide for his child.

Approved February 26, 1859.

An Act relating to paying fees of witnesses. Chop. 62.

Be it enacted, ^c, as follows :

Section 1. Whenever any witness, required to attend witnesses unawe
court at any term in behalf of the Commonwealth, shall satisfy penses'^of attend!
the court of his inability to defray the expenses of his attend- ^'''"''' '^o^P'^'d.
ance, the court shall direct the payment of such portion of
his fees as shall have accrued, and may make such farther
order for the payment of his fees as they shall deem reason-
able : and the court may also, at each term thereof, pass any
general order which they shall think reasonable, in regard to
the payment of the fees of such witnesses.

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

passage. Approved February 26, 1859.

250

1859.— Chapters 63, 64, 65.

Chap. 6 '3.

Time for locating,
&c., extended.

Authorized to
lea^e line of New
Yorli and Boston
Railroad, &c.

May increase
capital.

An Act to extend the time for locating and constructing
The milfokd and woonsocket railroad, and for other
purposes.

Be it enacted, ^c, as follows :

Section 1. The time for locating and constructing the
Milford and Woonsocket Raih-oad is hereby extended three
years.

Section 2. The Milford and Woonsocket Railroad Com-
pany is hereby authorized to lease of the New York and
Boston Railroad Company all or any portion of its line, and
to construct and operate the same ; and in case of such con-
struction, to increase its capital stock by the addition of one
thousand shares of one hundred dollars each.

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

passage. Approved February 26, 1859.

Chap. G4.

Salary Sl,500.

An Act to increase the salary of the assistant librarian and
clerk of the secretary of the board of education.

Be it enacted, Sfc, as follotos :

Section 1. The salary of the assistant librarian and clerk
of the secretary of the board of education shall be fifteen
hundred dollars annually, to be paid quarterly.

Section 2. This act shall take effect from and after its
passage. Approved February 26, 1859.

Chap. 65.

Reduction of cap-
ital confirmed.

Shares $80.

May increai-e cap-
ital $100,000.

Subject to exist-
ing statutes.

Stoclsholders not
liable after certi-
ficate is recorded
except, &c.

An Act to confirm the reduction of the capital stock of the
boston and sandwich glass company.

Be it enacted, ^c, as follows :

Section 1. The reduction of the capital stock of the
Boston and Sandwich Glass Company, to four hundred
thousand dollars, is hereby ratified and confirmed.

Section 2. The par value of the shares in said corpora-
tion shall be eighty dollars.

Section 8. Said corporation may increase its capital
stock one hundred thousand dollars, upon a vote of two-
thirds of the stockholders thereof.

Section. 4. Said corporation shall be subject to the pro-
visions of the thirty-eighth and forty-fourth chapters of the
Revised Statutes ; and when the certificate required by the
twentieth section of said thirty-eighth chapter, shall have
been made and recorded in pursuance of law, no stockholder
therein shall be personally liable for its debts thereafter con-
tracted, except in accordance with the provisions of said
chapter.

Section 5. This act shall take effect from and after its
passage. Approved February 26, 1859.

1859.— Chapters 66, 67. 251

An Act to ixcorporate the Massachusetts universalist con- Qfi^n gg^

VENTION. -^ "

Be it enacted, Sj-c, as follows :

Section 1. John D. W. Joy, R. Tomlinson, A. A. Miner, corporatora.
E. G. Brooks, John G. Adams, Charles Foster, E. C. Rolfe,
J. D. Pierce, Albert Metcalf, their associates and successors,
are hereby made a corporation, by the name of the Massa- Name.
chusetts Universalist Convention ; with all the powers and Privileges, re-
privileges, and subject to all the duties, liabilities and ^'ricuous, &c.
restrictions, set forth in the forty-fourth chapter of the
Revised Statutes : and said corporation may hold real and Real and person-
personal estate to the value of fifty thousand dollars, to be ^ ''^ * ^
devoted exclusively to the diffusion of knowledge of Chris-
tianity, by the means of publications, missionary labors or
otherwise.

Section 2. The Massachusetts Universalist Home Mis- Property, &c. of

. -, . former society

sionary Society, a corporation by the one hundred sixty- transferred, &c.
eighth chapter of the acts of the year eighteen hundred and
fifty-one, is hereby authorized to transfer all its rights, inter-
ests and property, to the corporation hereby created :
provided, hoivever, that the society aforesaid, at a meeting Provuo.
to be regularly called, in the manner provided by the present
hy-laws of the same, a notice of which meeting shall state
that this act is to be submitted to the members thereof, shall
vote to act upon the authority hereby granted ; and the cor-
poration hereby created, in case such action is taken by the
said society, shall take the place thereof, and succeed to all
its rights, interests, obligations and liabilities ; and chapter
one hundred and sixty-eight, of the acts of the year eighteen
hundred and fifty-one, is hereby repealed, upon their
acceptance of this act.

Section 3. All donations, devises and bequests, of real °°^e"°"%oj^*'g;
and personal property, which have been made to the Massa- society, transfer-
chusetts Universalist Home Missionary Society, upon being ^^^' ^'^'
.transferred to the corporation hereby created, in accordance
with the provisions of this act, shall be appropriated to
missionary purposes. Approved February 26, 1859.

An Act relating to damages from alterations in highways. Chap. 67.
Be it enacted, Sfc, as folloios :

When damages are claimed by reason of any lowering. Damages claimed

.. .1.1 fii i? •• under iirovisions

raising, or other act, done lor the purpose oi repairing any of25tii chap. Rev.
highway or town way, under the provisions of the twenty- ^'*''
fifth chapter of the Revised Statutes, the proceedings shall
be as follows :

252 1859.— Chapters 68, 69.

Petitions when to FiTst — The pGrsoii 01' corporatioii claiming damages, shall
e filed. ^Yq a petition therefor, with the selectmen, board of alder-

men, or mayor and aldermen, after the commencement and
within one year after the completion of the labor of repairing,
for which damages are claimed.
Awarder refusal. Seconcl — The Selectmen, board of aldermen, or mayor and
aldermen, shall either award damages, or refuse the prayer
therefor, within six montlis after the petition shall be filed.
Jury may deter- Third — At any time within a year after the expiration of
when, fec*"""^'^^ Said six months, if the petitioner be aggrieved, either by tlie
estimate of his damages, or by refusal or neglect on the part
of the selectmen, board of aldermen, or mayor and aldermen,
to estimate the same, he may apply for a jury and have his
damages ascertained, in like manner, in all respects, as they
are ascertained in the case of land taken in laying out
highways.
Committee may Fourth — By agreement with the parties adversely inter-
alesTpon agree- cstcd, thc petitioner may have his damages determined by a
ment, &c. committce, to be appointed under tlie direction of the com-

missioners, in any county other than Suffolk, and in Suffolk
by the superior court : provided^ hovjever, that the applica-
tion for such committee shall be made within the time
limited for applying for a jury.

Proceedinsa ia Fiftli — In rcspccts uot Specified in this act, the proceed-
other respects. . in, , i i • r. i i , .^ , .

ings sliall be such as are had ni cases oi land taken in laymg
out highways. Approved February 26, 1859.

Chap. 68.

An Act in addition to an act concerning the brush hill turn-
pike CORPORATION.
Be it enacted^ ^-c, as follows:
Time limited for The time witliiu which that portion of the Brush Hill
wghlay." *^ * Turnpike, which is within the limits of the town of Milton,
may be laid out as a town way or highway, under the pro-
visions of an act entitled " An Act concerning the Brush
Hill Turnpike Corporation," passed in the year eighteen
hundred and fifty-seven, is hereby limited to one year from
the passage of this act. Approved February 26, 1859.

ChaiJ. 69.

An Act in relation to assignees of insolvent debtors.

Be it enacted, Sfc, as follows:

Consent of judge No assiguec or asslgnccs appointed or chosen under the

sary'^V removal laws of this Commonwcalth for the relief of insolvent

of assignee. dcbtors, and for the more equal distribution of their effects,

shall be removed, unless the judge of probate and insolvency

for the county where such proceedings are pending, shall

consent thereto. Approved March 1, 1859.

1859.— Chapters 70, 71, 72. 253

An Act respecting the sinking funds of the troy and green- Q^Qp^ '^Q

FIELD RAILROAD COMPANY, AND THE NORWICH AND WORCESTER ^ '

RAILROAD COMPANY.

Be it enacted, §'c., as follows :

Section 1. The provisions of the one hundredth chapter ^^5*8^^0*^^°'^**°^
of the acts of the year one thousand eight hundred and
fifty-eig'ht, shall apply to the sinking fund of the Troy and
Greenfield Railroad Company ; also to the sinking fund of
the Norwich and Worcester Railroad Company.

Section 2. All acts, or parts of acts, inconsistent with Repeal.
the provisions of this act, are hereby repealed.

Section 3. This act shall take effect from and after its
passage. Approved March 1, 1859.

An Act to incorporate the American flax cotton company. (Jfian. 71.
Be it enacted, fyc, as folloios :

Section 1. Samuel Nicolson, Alfred B. Hall, Charles B. corporators.
Darling, their associates and successors, are hereby made a
corporation, by the name of the American Flax Cotton jjame.
Company, with authority to establish a manufactory in the
town of Watertown and county of Middlesex, for the pur- Purpose,
pose of manufacturing from flax, hemp, or other similar
fibrous plants, a material resembling cotton and the various
fabrics composed of the same, and for manufacturing
machines and machinery therefor, and selling the same ;
with all the powers and privileges, and subject to all the Privileges, re
duties, restrictions and liabilities, set forth in the thirty- ^"''°' °'^*" **^
eighth and forty-fourth chapters of the Revised Statutes, and
in the two hundred and seventy-sixth chapter of the acts of
the year eighteen hundred and fifty-seven.

Section 2. Said corporation may hold real estate to the Real estate
amount of fifty thousand dollars for the purposes aforesaid ;
and the whole capital stock thereof shall not exceed two capital $250,000
hundred and fifty thousand dollars, which shall be divided siiaressioo.
into shares of one hundred dollars each : provided, hoivever, Pronso.
that this corporation shall not go into operation until there
has been paid in, in cash, the sum of fifty thousand dollars.

Section 3. This act shall take effect from and after its
passage. Approved March 1, 1859.

Chap. 72.

An Act to incorporate the American cordage and webbing

company.

Be it enacted, Sfc, as follows. •

Section 1. Frederic F. Hassam, Charles Edmunds, corporators
George H. Vincent, Edward Jones, their associates and suc-
cessors, are hereby made a corporation, by the name of the Name.
American Cordage and Webbing Company, for the purpose Purpose
12

254

1859.— Chapter 73.

Privilegea, re-
strictions, &c.

Real estate
$50,000.

Capital §100,000.
Shares SIOO.

of manufacturing cordage and webbing in the town of
Dorchester, in the county of Norfolk ; and for this purpose,
shall have 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, and in the two hundred and seventy-sixth chapter
of the acts of the year eighteen hundred and fifty-seven.

Section 2. Said corporation may, for the purposes
aforesaid, hold real estate to the amount of fifty thousand
dollars ; and the whole capital stock thereof shall not
exceed one hundred thousand dollars, which shall be divided
into shares of one hundred dollars each.

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

passage.

Approved March 1, 1859.

Chap. 73.

Corporators.

Purpose.

Heal and per-
sonal estate,
$250,000.

Meeting, how
called, &c.

An Act to incorporate the master, wardens and members of
the grand lodge of masons in massachusetts.

Be it enacted^ &j'c., as follows :

Section 1. John T. Heard, grand master, and his asso-
ciates, the grand wardens and members of the voluntary
association known as the Grand Lodge of Free and Accepted
Masons in Massachusetts, and their successors, are hereby
incorporated and made a body politic, by the name of the
Master, Wardens and Members of the Grand Lodge of
Masons in Massachusetts, for the purpose of managing and
administering the charity funds belonging to said voluntary
association, with power to have a common seal, to sue and
be sued, to make and ordain, from time to time, by-laws,
rules and regulations for the government and management
of the corporation ; provided, the same be not repugnant to
the constitution and laws of this Commonwealth ; and that
they have all the privileges, and be subject to all the liabili-
ties set forth in the forty-fourth chapter of the Revised
Statutes, so far as the same are applicable to corporations for
charitable purposes.

Section 2. The said corporation may take by purchase,
gift, grant or otherwise, and hold, real estate not exceeding
the value of two hundred thousand dollars, and personal
estate not exceeding the value of fifty thousand dollars.

Section 3. John T. Heard is hereby authorized to call
the first meeting of said corporation, by advertisement in two
newspapers printed in Boston, one week previous thereto,
and appoint the time and place thereof, at which meeting
the mode of calling future meetings shall be regulated.

Section 4. This act shall take effect on and after its
passage. Approved March 1, 1859.

1859.— Chapter 74. 255

An Act relating to a channel called the " roxbury canal." Q/fffn "11

Be it enacted, &fc., as folloivs :

Section 1. No vessel enterins; into, or beiner in the chan- ^'° ^f ^fj- '" o^-

. c5 i.-ni Struct the pas-

nel, situated partly m Koxbury and partly in Jioston, known as sage of another.

the " Roxbury Canal," shall occupy such a position therein,

as unnecessarily or unreasonably to obstruct the passage of

any other vessel in said channel ; and for every offence I'eua^ity-

against the provisions of this section, the master, commander

or owners of such vessel so obstructing as aforesaid, or either

of them, shall be subject to a penalty not exceeding ten

dollars for each and every offence.

Section 2. Any person who shall, in any manner not Penalty.
mentioned in the preceding section, unreasonably or unneces-
sarily obstruct the passage of any vessel in said channel, shall
be subject to a penalty not exceeding ten dollars for each
and every offence.

Section 3. The harbor master, who may be elected as Harbor master
hereinafter mentioned, may order the position of any vessel, change of posl-
lying or being in said channel, to be changed so that any '^'°°'
other vessel may conveniently pass therein ; and the master Penalty for re-
or commander of any vessel who shall neglect or refuse to *^"*'*''
obey any such order of said harbor master, shall be subject
to a penalty not exceeding ten dollars for each and every
offence.

Section 4. The city council of the city of Roxbury may, city council of
if they shall deem it expedient, annually elect, by a concur- a harbor ma!ttr.
rent vote of both branches, a harbor master, who shall hold
his office for one year, and until another shall be appointed
in his place, or until he shall be removed by the city council ;
and before entering upon the duties of his office, he shall give shaii give bond,
a bond to said city of Roxbury, with sufficient sureties, to the *^"
satisfaction of the mayor and aldermen of said city of Rox-
bury, in such penal sum as said mayor and aldermen shall
direct, conditioned for the faithful discharge of the duties of
said office ; and in case of the sickness or disability of said ^e^'p'^uty!'"^"' °^
harbor master, he may appoint a deputy, subject to the
approval of said mayor and aldermen, to perform liis duties
during said sickness or disability ; and said harbor master
shall be allowed and paid quarterly, out of the city treasury,
such salary for his services as the city council shall, from
time to time, establish.

Section 5. It shall be the duty of said harbor master to Duty of harbor
enforce the execution of the several provisions of this act, "^
and all other laws of the Commonwealth, relating to said
channel.

256

1859.— Chapter 75.

Penalties
ure, &c.

Penalty for ob- SECTION 6. Ayij pGrsoii wlio shall obstruct said harbor
performance of mastcr ill tlio performance of any of his duties, or shall neg-
hisduty. 2^^^ ^^, refuse to obey any lawful order made by said harbor

master, shall be subject to a penalty not exceeding ten
dollars for every offence.
'■ Section 7. All the several penalties mentioned in this
act, shall inure to the use of said city of Roxbury, and may
be prosecuted for and recovered, before the police court of
the city of Roxbury, by complaint or information, in the
name of the Commonwealth, in the same way and manner
in which other criminal offences are now prosecuted ;
Right of appeal, rcserviiig, however, in all cases, to any party convicted, the
right of appeal from the judgment and sentence of said court,
to the court of common pleas, next after such conviction, to
be held within and for the county of Norfolk ; and the
appeal shall be allowed on the same terms, and the proceed-
ings therein conducted in the same form and manner as are
.by law provided, in respect to appeals from the judgment
and sentence of said police court in criminal cases.

Approved March 1, 1859.

Chap. 75.

Corporators.

Purpose

Privileges, re
strictious, &c.

Capital 5150,000.

Shares $100.

Policies issued
when S100,000
is paid in.

An Act to incorporate the globe fire and marine insurance

COMPANY.

Be it enacted, S^c, as folloivs :

Section 1. Eben Howes, Isaac Thaclier, Nathan Crowell
and Aaron Hobart, junior, their associates and successors,
are hereby made a corporation, by the name of the Globe
Fire and Marine Insurance Company, in the city of Boston,
for the purpose of making insurance against maritime
losses and losses by fire ; with all the powers and privileges,
and subject to all the duties, restrictions and liabilities, set
forth in tlie thirty-seventh and forty-fourth chapters of the
Revised Statutes, and in all general acts subsequently
passed, or which may be passed hereafter, relating to insur-
ance companies.

Section 2. The said corporation shall have a capital
stock of one hundred and fifty 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 and fifty thousand dollars ; and may hold real estate
for its own use to the value of fifty thousand dollars.

Section 3. The said corporation may issue policies
whenever one hundred thousand dollars of its capital shall
have been subscribed and paid in, in cash.

Section 4. This act shall take effect from and after its
passage. Approved March 1, 1859.

1859.— Chapters 76, 77. 257

An Act IN ADDITION to an act to incorporate the first con- Qhn'n 76
GREGATIONAL SOCIETY IN LEOMINSTER. "'

Be it enacted^ ^t., as folloios :

Section 1. The First Congregational Society, in Leo- Actofisio.
minster, are hereby authorized to avail themselves of the of^^
provisions of chapter two hundred and thirteen, of the acts
of the year eighteen hundred and forty-five.

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

passage. Approved March 3, 1859.

An Act making appropriations for the maintenance of the Qh/yn 77

GOVERNMENT DURING THE CURRENT YEAR. ^'

Be it enacted, Sfc, as follows :

Section 1. The sums hereinafter mentioned are appro- Appropriations
priated, and shall be allowed and paid out of the treasury of *^°^-^^^^-
this Commonwealth, from the ordinary revenue, upon the
warrants of the governor, for the purposes specified, to meet
the current expenses of the year ending on the thirty-first
day of December, one thousand eight hundred and fifty-nine,
that is to say :

For the mileage and compensation of the lieutenant- Lieutenant-gov-

d-i , T -liii 1 Prnor and coun-

council, a sum not exceedmg eight thousand cii.

dollars.

For the salaries of the clerks of the senate and house of cierks of legisia-
representatives, including the compensation of such assistants *"''®'
as they may appoint, four thousand dollars.

For the salaries of the chaplains of the senate and house chaplains.
of representatives, four hundred dollars.

For fees of witnesses summoned before committees, in witnesses.
accordance with the provisions of the acts of one thousand
eight hundred and forty-nine, chapter two hundred and eight,
a sum not exceeding five hundred dollars.

For the compensation of the preacher of the election Preacher,
sermon, one hundred dollars.

For stationery for the senate, purchased by the clerk of stationery.
the senate, a sum not exceeding one thousand one hundred senate.
dollars.

For stationery for the house of representatives, purchased ho^^©.
by the clerk of the house of representatives, a sum not
exceeding two thousand dollars.

For the compensation of the messenger to the governor ^nor°fnd*co^un-
and council, eight hundred dollars. "i.

For the compensation of the assistant-messenger to the Assistant.
governor and council, three hundred and sixty-five dollars.

For the compensation of the door-keepers, messengers and Door-keepers,

f.,1 , Ti f. i_ _L- ir> messengers, &o.

pages 01 the senate and house 01 representatives, and of

258

1859.— Chapter 77.

Committees of
legislature.

Justices court of
common pleas.

Judges probate
and insolvency.
Suffolk.

Plymouth.

Berkshire.

Hampden.

Barnstable.

Hampshire.

Franklin.

Nantucket.

Dukes County.

Registers ofprob.
and insol'cy. and

assets.

Suffolk.

Middlesex.

such watchmen and firemen as may be employed in the state
house, a sum not exceeding seven thousand seven liundred
dollars.

For the authorized expenses of committees of the legisla-
ture, a sum not exceeding three hundred dollars.

For the salary of the chief justice of the court of common
pleas, two thousand seven hundred dollars.

For the salaries of six associate justices of said court,
fifteen thousand dollars.

For the salary of the judge of probate and insolvency for
the county of Suffolk, three thousand dollars.

For the salary of the judge of probate and insolvency for
the county of Middlesex, two thousand dollars.

For the salary of the judge of probate and insolvency for
the county of Worcester, eighteen hundred dollars.

For the salary of the judge of probate and insolvency for
the county of Essex, fifteen hundred dollars.

For the salary of the judge of probate and insolvency for
the county of Norfolk, fourteen hundred dollars.

For the salary of the judge of probate and insolvency for
the county of Bristol, eleven hundred dollars.

For the salary of the judge of probate and insolvency for
the county of Plymouth, one thousand dollars.

For the salary of the judge of probate and insolvency for
the county of Berkshire, eight hundred dollars.

For the salary of the judge of probate and insolvency for
the county of Hampden, eight hundred dollars.

For the salary of the judge of probate and insolvency for
the county of Barnstable, seven hundred dollars.

For the salary of the judge of probate and insolvency for
the county of Hampshire, six hundred and fifty dollars.

For the salary of the judge of probate and insolvency for
the county of Franklin, six hundred dollars.

For the salary of the judge of probate and insolvency for
the county of Nantucket, three hundred dollars.

For the salary of the judge of probate and insolvency for
the county of Dukes county, two hundred and fifty dollars.

For the salary of the register of probate and insolvency
for the county of Suffolk, three thousand dollars.

For the salary of the assistant register for the county of
Suffolk, fifteen hundred dollars.

For the salary of the register of probate and insolvency
for the county of Middlesex, fifteen hundred dollars.

For the salary of the assistant register for the county of
Middlesex, one thousand dollars.

1859.— Chapter 77. 259

For the salary of the register of probate and insolvency Worcester.
for the county of Worcester, fifteen hundred dollars.

For the salary of the assistant register for the county of
Worcester, one thousand dollars.

For the salary of the register of probate and insolvency Essex.
for the county of Essex, fifteen hundred dollars.

For the salary of the assistant register for the county of
Essex, eight hundred dollars.

For the salary of the register of probate and insolvency Norfolk.
for the county of Norfolk, one thousand dollars.

For the salary of the assistant register for the county of
Norfolk, six hundred dollars.

For the salary of the register of probate and insolvency Bristol.
for the county of Bristol, tliirteen hundred dollars.

For the salary of the register of probate and insolvency Plymouth.
for the county of Plymouth, one thousand dollars.

For the salary of the register of probate and insolvency Hampden,
for the county of Hampden, eight hundred dollars.

For the salary of the register of probate and insolvency Berkshire.
for the county of Berkshire, eight hundred dollars.

For the salary of the register of probate and insolvency Hampshire.
for the county of Hampshire, seven hundred and fifty dollars.

For the salary of the register of probate and insolvency Frankiin.
for the county of Franklin, seven hundred dollars.

For the salary of the register of probate and insolvency samstabie.
for the county of Barnstable, seven hundred dollars.

For the salary of the register of probate and insolvency Nantucket.
for the county of Nantucket, three hundred dollars.

For the salary of the register of probate and insolvency Dukes county.
for the county of Dukes county, two hundred and seventy-
five dollars.

For certain expenses of the courts of insolvency, autho- Expenses of
rized by section twenty-three of chapter two hundred and Tai-\uBo\yeaty.
eighty-four of the acts of the year one thousand eight
hundred and fifty-six, or similar accounts for the courts of
probate and insolvency, a sum not exceeding three thousand
dollars.

For the salary of the attorney-general, two thousand five Attorney-oen-
hundred dollars.

For clerk hire in the office of the attorney-general, a sum cierk.
not exceeding one thousand dollars.

For incidental expenses in the office of the attorney- incideutais.
general, a sum not exceeding one hundred dollars.

For fees, costs, court expenses, and other like charges of fees, costs, &c.,
the attorney-general, in accordance with the provisions of eraL °™®^'^®'^"
the act of the year one thousand eight hundred and thirty-

260

1859.— Chapter 77.

Attorney, Suf-
folk.

Assistant attor-
ney.

District attorney.
Eastern.

Northern.

Southern.

Middle.

South-eastern.

Western.

North-western.

Reporters. J. C.
decisions.

Secretary.
Clsrks.

Publication of
bank abstracts.

Incidentals.

Treasurer.

Clerks.

nine, chapter twenty-eight, a sum not exceeding three
hundred dollars.

For the salary of the attorney for the county of Suffolk,
three thousand dollars.

For the salary of the assistant-attorney for the county of
Suffolk, one thousand eight hundred dollars.

For the salary of the district-attorney for the eastern
district, one thousand five hundred dollars.

For the salary of the district-attorney of the northern
district, one thousand five hundred dollars.

For the salary of the district-attorney of the southern
district, one thousand five hundred dollars.

For the salary of the district-attorney of the middle
district, one thousand three hundred dollars.

For the salary of the district-attorney of the south-eastern
district, one thousand five hundred dollars.

For the salary of the district-attorney of the western
district, one thousand two hundred dollars.

For the salary of the district-attorney of the north-western
district, eight hundred dollars.

For the salary of the reporter of the decisions of the
supreme judicial court, three hundred dollars.

For the salary of the secretary of the Commonwealth,
two thousand dollars.

For the salary of the first clerk in the secretary's office,
one thousand five hundred dollars.

For the salary of the second clerk in the secretary's office,
one thousand two hundred dollars.

For such additional clerical assistance as the secretary
may find necessary for the performance of the duties of the
office, a sum not exceeding fourteen thousand dollars.

For the payment for the weekly and monthly publication
of bank returns, in accordance with the second and fourth
sections of the act of the year one thousand eight hundred
and fifty-four, chapter three hundred and seven, a sum not
exceeding five hundred dollars.

For incidental expenses of the secretary's office, a sum
not exceeding three thousand two hundred dollars.

For the salary of the treasurer and receiver-general, two
thousand dollars.

For the salary of the first clerk in the treasurer's office,
one thousand five hundred dollars.

For the salary of the second clerk in the treasurer's office,
one thousand two hundred dollars.

For incidental expenses of the treasurer's office, a sum
not exceeding three hundred dollars.

1859.— Chapter 77. 261

For the salary of the auditor of accounts, two thousand Auditor.
dollars.

For the salary of the clerk of the auditor of accounts, cierk.
one thousand two hundred dollars.

For incidental expenses of the auditor's office, a sum not incidentals.
exceeding one hundred and fifty dollars.

For such additional clerical assistance as the auditor may
find necessary, a sum not exceeding eleven hundred dollars:
for the purchase of a burglar-proof safe for the auditor's
office, a sum not exceeding three hundred dollars.

For the salary of the sergeant-at-arms, one thousand three sergeant-at-
hundred dollars.

For printing such number, not exceeding one hundred j^^^°"°s general
and fifty thousand, of the pamphlet edition of the general
acts and resolves of the present year, for distribution of one
copy thereof to each family, or each eight persons in the
Commonwealth, in accordance with the provisions of chapter
eighty-eight of the resolves of the year eighteen hundred
and forty-seven, and chapter eighty-nine of the resolves of
the year eighteen hundred and fifty, a sum not exceeding
six thousand dollars.

For printing two thousand copies of the blue book edition Printing wue
of the acts and resolves of the present year, with the gover-
nor's messages and other matters in the usual form, but not
including the constitution, a sum not exceeding one thou-
sand dollars.

For the publication of the general laws, and all other Publication of
information intended for the public, in accordance with the ^®'^®''*
provisions of chapter twenty-four of the resolves of the year
one thousand eight hundred and fifty-seven, three hundred
dollars.

For the purchase, by tlie secretary of the Commonwealth, Registration
of blanks for the use of cities and towns, in the registration
of births, marriages and deaths, a sum not exceeding two
hundred dollars.

For fuel and lights for the State House, a sum not exceed- l'"'^^^^'^}^??-,

inn 1 11111-1 1 ^**^1 ^^^ light.

mg two thousand dollars ; and such sum shall be disbursed
under the direction of the commission provided in the acts
of the year one thousand eight hundred and fifty-seven,
chapter sixty-five.

For repairs, improvements and furniture of the state Repairs, &c.
house, to be disbursed in the manner provided in the acts
of the year one thousand eiglit hundred and fifty-seven,
chapter sixty-five, a sum not exceeding one thousand dollars.

For contingent expenses of the council, senate and house contingent ex-
of representatives, to be disbursed in the manner provided pe°ses.

13

262

1859.— Chapter 77.

Postage, &c.,
governor and
council.

Printing, &c.,for
legislature.

Printing public
documents.

Sheriffs distribu-
ting blanks, &c.

Bank commis-
sioners.

Incidentals.

in the acts of the year one thousand eight hundred and
fifty-seven, chapter sixty-five, a sum not exceeding one thou-
sand five hundred dollars : provided, that no part of such
sum shall be expended for stationery, postage, printing,
repairs or furniture, or for the purchase of any article or
thing, or to effect any object, for which an appropriation is
otherwise made in this act, or in any act which may be
passed subsequently.

For postage, printing and stationery, for the governor
and council, a sum not exceeding five hundred dollars.

For printing and binding, ordered by the senate or house
of representatives, or by the concurrent order of the two
branches, in accordance with the fifteenth of the joint rules
and orders of the two branches, a sum not exceeding ten
thousand dollars.

For printing blanks and circulars, and the calendar of
orders of the day, required for the use of the senate, under
the direction of the clerk of the senate, a sum not exceeding
four hundred dollars.

For printing blanks and circulars, and the calendar of
orders of the day, required for the use of the house of rep-
resentatives, under the direction of the clerk of the house
of representatives, a sum not exceeding seven hundred
dollars.

For printing the public series of documents in the last
quarter of the year one thousand eight hundred and fifty-
nine, under the direction of the secretary of the Common-
wealth, according to the acts of the year one thousand eight
hundred and fifty-seven, chapter forty, and the acts of the
year one thousand eight hundred and fifty-eight, chapter
forty-six, and the acts of the year one thousand eight hun-
dred and fifty-eight, chapter twenty-two, and for binding the
copies to be distributed to the towns and cities, a sum not
exceeding seven thousand dollars.

To the sheriffs of the several counties for distributing
blanks and making returns of votes, in accordance with the
Revised Statutes, chapter six, section ten, a sum not exceed-
ing eight hundred dollars.

For the mileage and compensation of the bank commis-
sioners, a sum not exceeding five thousand eight hundred
dollars.

For the salary of the clerk of the bank commissioners,
one thousand four hundred dollars.

For the incidental expenses of the bank commissioners, a
sum not exceeding three hundred dollars.

1859.— Chapter 77. 263

For the compensation and expenses of the board of insur- insurance com-
ance commissioners, a sum not exceeding four thousand ™'^*"°°"^-
dollars.

To continue the printing of the New Plymouth Records, New Plymouth
under the direction of the secretary of the Commonwealth, ^'"'°'"^^-
a sum not exceeding four thousand dollars.

For continuing the copying of the New Plymouth Records,
and superintending the printing of the same, a sum not
exceeding eleven hundred dollars.

CHARITABLE.

For the Perkins Institution and Massachusetts Asylum for Asyium for Blind
the Blind, in accordance with the resolves of the year one
thousand eight hundred and fifty-five, chapter sixty-two,
twelve thousand dollars.

For the Massachusetts School for Idiotic and Feeble- schooi for idiots.
minded Youth, in accordance with the resolves of the year
one thousand eight hundred and fifty-one, chapter forty-
four, five thousand dollars.

For the support of patients from Massachusetts, in the Deaf and Dumb.
Asylum for the Deaf and Dumb, at Hartford, in the state
of Connecticut, a sum not exceeding eight thousand six
hundred dollars.

For the annuities due from the Commonwealth in respect Annuities, Mar-

. . Ill fiii *"* Johonnot.

to the obligations incurred by the acceptance oi the bequests
of the late Martha Johonnot, a sum not exceeding one
thousand seven hundred and forty dollars.

For pensions, a sum not exceeding seven hundred dollars. Pensions.

To the sinking fund, for the redemption of the scrip Almshouse sink-
issued to obtain means for building the state almshouses, "'s^*'"'*-
six thousand dollars.

SCIENTIFIC AND EDUCATIONAL.

For bounties to agricultural societies, twelve thousand f °i"°*aT '"^ ioci-
dollars. «'ies-

For the salary of the secretary of the state board of agri- secretary and
culture, one thousand five hundred dollars. ^fl'^dcuiture!^

For the travelling expenses of members of said board, a
sum not exceeding twelve hundred dollars.

For the travelling expenses of the secretary of said board,
all postages and necessary expenses, in accordance with the
resolves of the year one thousand eight hundred and fifty-
three, chapter sixty-seven, a sum not exceeding two hundred
and fifty dollars.

264

1859.— Chapter 77.

Clerk.

Printing ab-
stracts and re-
port.

For other incidental expenses of said board, a sum not
exceeding one hundred and fifty dollars.

For the salary of the clerk of the secretary of said board,
six hundred dollars.

For collecting information on agricultural subjects, one
thousand dollars.

For printing abstracts of the reports of the board of agri-
culture, and of information on agricultural subjects, and the
distribution of the same, one thousand dollars.

For printing ten thovisand copies of the report of the board
of agriculture, a sum not exceeding five thousand five hun-
dred dollars.

Adjutant-gen-
eral.

Clerk.

Adjutant-gene-
ral's department.

Military bounty
and accounts.

MILITARY.

For the salary of the adjutant and quartermaster-general,
one thousand eiglit hundred dollars.

For the salary of the clerk of the adjutant-general, one
thousand dollars.

For the incidental expenses of the office of the adjutant-
general, a sum not exceeding two hundred and fifty dollars.

For the expenses of the adjutant and quartermaster-
general's department, a sum not exceeding four thousand
dollars.

For military bounty, a sum not exceeding forty-two thou-
sand seven hundred dollars.

For military accounts, a sum not exceeding five thousand
six hundred and twenty-five dollars.

For the rent of armories, a sum not exceeding twelve
thousand dollars.

Arrest of fugi-
tives.

Agent discharged
convicts.

Expenses.

Industrial
school.

REFORMATORY AND CORRECTIONAL.

For the expenses of the arrest of fugitives from justice, a
sum not exceeding one thousand five hundred dollars.

For the salary of the agent for the relief of discharged
convicts, a sum not exceeding five hundred dollars.

For the expenditures of said agent, in accordance with the
provisions of the two hundred and thirteenth chapter of the
acts of the year one thousand eight hundred and fifty-two, a
sum not exceeding five hundred dollars, in addition to such
sums as he may receive from the warden of the state prison,
in accordance with chapter one hundred and forty-four,
section fifty-three, of the Revised Statutes.

For the current expenses of the state industrial school
for girls, at Lancaster, a sum not exceeding thirteen thou-
sand dollars.

1859.— Chapter 78. 265

For the support of the Massachusetts state prison, in state prison.- -~~-
addition to the ordinary receipts of the institution, a sum not
exceeding fifteen thousand dollars.

Section 2. This act shall take effect from and after its
passage. Approved March 4, 1859.

An Act concerning the Cheshire railroad company. Chap. 78.

Be it enacted, §-c., as follows :

Section 1. The Cheshire Railroad Company, for the May issue
purpose of paymg, or arrangnig and deierrnig its present bonds.
indebtedness, may issue their bonds to an amount not
exceeding eight hundred and fifty thousand dollars, and
dispose of the same on such terms as they shall deem
expedient.

Section 2. Said company are hereby authorized to Mortgage of raii-

X xi ixij.il • • road, &c., for

mortgage to three trustees, and to the survivors or survivor payment of
of them, and each of them, and to their successors, to ^°°'^^'
secure the payment of their bonds aforesaid, if they shall
deem it expedient, their railroad, with all their lands and
buildings held by them for the use and accommodation of
said road, and of the business of the same, and all the loco-
motives, 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, required in the business of said road, and also all the
franchise, rights and privileges now held and enjoyed by
said corporation in tiiis Commonwealth ; and said mortgage
may be on such terms and conditions, and with such powers
to the mortgagees^ of operating or selling said road and
other property mortgaged, as to the company may seem
expedient.

Section 3. Any mortgage, made as aforesaid, shall be Mortgage to be
recorded in the registry of deeds in the county of Worcester, '^'^°''
and in the clerk's ofl&ce of the town of Winchendon, in said
county.

Section 4. This act shall be subject to the provisions of subject to for-
an act entitled " An Act to authorize Railroad Companies ^^"^ ^'^ ^'
to issue Bonds," approved April thirteenth, in the year
eighteen hundred and fifty-four, and of an act entitled " An
Act relating to Trustees under Railroad Mortgages,"
approved May, eighteen hundred and fifty-seven, so far as
the same shall be applicable thereto.

Section 5. This act shall take effect from and after its
acceptance by said company. Approved March 5, 1859.

266

1859.— Chapters 79, 80, 81.

Chap. 79.

Corporators.

Privileges, re-
strictions, &c.

Real and per-
sonal estate,
$20,000.

An Act to incorporate the proprietors of grace church, in

SALEM.

Be it enacted^ Sfc, as folloios :

Section 1. Benjamin Shreve,John Calef, John S. Jones,
John R. Lee, David P. Ives, their associates and successors,
are hereby made a corporation, by the name of tlie Proprie-
tors of Grace Cliurch, in Salem ; 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, and in that part of the twentieth chapter of said
statutes which relates to the proprietors of churches and
meeting-houses ; with power to hold real and personal estate,
to an amount, including their buildings and land under and
appurtenant to the same, not exceeding in value the sum of
twenty thousand dollars : provided^ the income thereof be
appropriated exclusively to parochial purposes.

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

passage.

Approved March 5, 1859.

Chap. 80.

Tenure of ofBce.

An Act in addition to " an act providing for the election of

SCHOOL committees."

Be it enacted, Sfc, as follows:

Section 1, That portion of the third section of the two
hundred and seventieth chapter of the acts of eighteen
hundred and fifty-seven, expressed in the following words,
" provided, any person elected or appointed to fill any vacancy
as aforesaid, shall hold oflice only during the term for which
his predecessor was elected," is hereby repealed.

Section 2. This act shall take effect from and after its
passage. Approved March 5, 1859.

Chap.^l.

that the
charged is
gitive.

An Act relating to fugitives from justice.

Be it enacted, ^c, as folloios :

Applications and SECTION 1. No cxecutivB Warrant for the arrest and
arrest' to"be ac- surrcudcr of any person, demanded by the executive autho-
swom^'eviden^e ^^^J ^^ ^"J othcr Statc Or Territory, as a fugitive from the
pa^^y justice of such State or Territory, and no requisition upon
the executive autliority of any other State or Territory for
the surrender of any person as a fugitive from the justice of
this Commonwealth, shall be issued, unless the requisition
from the executive authority of such other State or Territory,
or the application for such requisition upon the executive
authority of such other State or Territory, shall be accom-
panied by sworn evidence that the party charged is a fugitive
from justice, and by a duly attested copy of an indictment,
or a duly attested copy of a complaint, made before a court

1859.— Chapters 82, 83, 84. 267

or magistrate authorized to receive the same ; such complaint
to be accompanied by affidavits to the facts constituting the
offence charged, by persons having actual knowledge thereof:
provided., lioivever., that nothing herein shall be construed to Proyiso.
require the governor to issue a warrant, or a requisition, as
aforesaid, upon the evidence aforesaid, nor to prevent his
requirijig any other or further evidence in support of such
demand or application.

Section 2. TJiis act shall take effect from and after its
passage. Approved March 5, 1859.

An Act in relation to the Massachusetts medical society. Chap. 82.
Be it enacted, Sfc, as follows :

Section 1. No person shall hereafter become a member ^"^bJ^S ^'^'^
of the Massachusetts Medical Society, except upon examina-
tion by the censors of said society ; and any person of good
moral character, found to possess the qualifications pre-
scribed by the rules and regulations of said society, shall be
admitted a fellow of said society.

Section 2. This act shall take effect from and after its
passage. Approved March 5, 1859.

An Act to confirm the organization and proceedings of the

NORTH baptist SOCIETY, IN DORCHESTER.

Chap. 83.

Be it enacted, Sfc, as follotos :

Section 1. The organization of the North Baptist Society, organization
in Dorchester, which was effected on the twenty-first day of *^°" "^**^'
September, in the year eighteen hundred and forty-six, and
all the subsequent proceedings of said society, under and by
virtue of such organization, as the same are now entered as
the records of the said society, in the possession of J. J.
Howe, the clerk thereof, are hereby ratified, fully established
and confirmed, as the acts, doings and records of a duly and
legally organized corporation ; and the persons now acting
as officers of said corporation, according to said records, are
hereby confirmed, as the lawfully constituted officers thereof,
and authorized to perform all their respective official duties,
until their successors be chosen and qualified ; any defects
or informalities heretofore in said organization and proceed-
ings, to the contrary, notwithstanding.

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

passage. Approved March 5, 1859.

An Act to change the name of the howard banking company. Chan 84

Be it enacted, Sfc, as follows:

Section 1. The Howard Banking Company shall here- Name changed.
after be called and known by the name of the Howard Bank.

268

1859.— Chapters 85, 86, 87.

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

passage. Approved March 7, 1859.

Ak Act to incorporate the proprietors of the church of the
paternity, in boston.

Be it enacted, §'c., as follows :

Section 1. John A. Baxter, John D. W. Joy, Albert
Metcalf, their associates and successors, are hereby incorpo-
rated as a Universalist Society, in Boston, by the name of
the Proprietors of the Church of the Paternity ; with all the
powers and privileges, and subject to all the duties, restric-
tions and liabilities, set forth in the twentieth and forty-fourth
chapters of tlie Revised Statutes ; with power to tax pews
according to the provisions of "■ An Act relating to Religious
Societies," passed March twenty-fifth, in the year one thou-
sand eight hundred and forty-five.

Section 2. The annual meeting of said religious society
shall be holden on any day in December, Sunday excepted ;
and at said meethig there shall be chosen, by ballot, a mod-
erator, clerk, treasurer, collector, and a standing committee
consisting of seven persons ; all of whom shall continue in
office one year, and until others are ciiosen and qualified in
their stead.

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

passage. Approved March 7, 1859.

Chap. 86. An Act authorizing samuel dyer and others to build a dike

ACROSS LITTLE HARBOR MEADOW, IN TRURO.

Be it enacted, Sj-c, as follows :

Samuel Dyer, Hugh Hopkins, Joseph Harding, their
associates and successors, proprietors of Little Harbor
Meadow, in Truro, are hereby authorized to construct and
maintain a dike over said meadow at a point of beach oppo-
site the dwelling-houses of Richard Atwood and Joseph
Hatch, in said town : provided, however, that this act shall
in no wise impair the legal rights of any person.

Approved March 7, 1859.

Chap. 85.

Corporators.

Privileges, re-
strictions, &c.

Power.

Annual meeting.

Officers, how
chosen.

May construct
dike, &c.

Proviso.

Chaj). 87.

Corporators.
Name.

Privileges, re-
strictions, &c.

An Act to incorporate the proprietors of saint Andrew's
church, in chelsea.

Be it enacted, Sfc, as follows :

Section 1. Stephen D. Massey, Edwin C. Barnes, Charles
A. Davis, and their associates and successors, are hereby
made a corporation by the name of St. Andrew's Church, in
Chelsea ; 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, and so much of

1859.— Chapters 88, 89. 269

the twentieth chapter of said statutes as relates to the
same.

Section 2. Said corporation shall hold all the funds of Real and person-
said St. Andrew's Church, including their buildings g^^(j *^ ««'^'''«' *"=
land under and appurtenant to the same, and such other
real and personal estate as may accrue to or for the benefit
of said church, by gift, grant or otherwise, and apply the Howappiied.
same in the way and manner which may be provided by
the donor or donors, and for no other purpose whatever :
provided, however, that the whole amount of the afore- Proviso,
said funds, together with such real and personal estate
as may be added thereto, shall not exceed thirty thousand
dollars.

Section 3. Said corporation shall have the power to P"'^"-
make and establish such by-laws as they may judge neces-
sary, and to fill all vacancies that may occur in their body
by death, resignation or otherwise.

Section 4. This act shall take effect from and after its
passage. Approved March 7, 1859.

An Act to change the name of the " old south church, in Chap. 88.

BOSTON." ^'

Be it enacted, Sfc, as follows :

Section 1. The religious society, known by the corporate Name changed.
name of the " Old South Church, in Boston," is hereby
authorized to take the name of the " Old South Society, in
Boston," any thing in the act to which tliis is an amendment,
to the contrary notwithstanding; with all the powers and P/i^i'eges, re-

• -1 T 1 • nil. T 1 •!• • T stnctions, &c.

privileges, and subject to all the duties, liabilities and
restrictions, contained in their act of incorporation, granted
March twenty-sixth, one thousand eight hundred and forty-
five.

Section 2. This act shall take effect from and after the
date of its acceptance by the said society, at their next annual
meeting, or at any special meeting legally convened for

that purpose. Approved March 7, 1859.

AlN Act concerning the attendance of children at school, in C^av 89

ADJOINING TOWNS. -* *

Be it enacted, Sfc, as follows :

Section 1. Children living remote from any public school ^•j^'^"^" "/''^^
in the town in which they reside, may be allowed to attend schools in one
the public schools in an adjoining town, under such regula- inldjdnuigtown
tions, and on such terms, as the school committees of the
said towns may agree upon and prescribe ; and the school
committee of the town in which such children reside, is

14

270 1859.— Chapters 90, 91, 92.

authorized and required to pay out of the appropriations of
money raised in said town for the support of schools, such
sum as may have been agreed upon, as aforesaid.
^«p«*i- Section 2. Chapter seventy-eight, of the acts of tlie year

one thousand eight hundred and fifty-five, is hereby repealed.
Section 3. This act shall take effect from and after its

passage. Approved March 7, 1859.

Chap. 90.

An Act relating to the herring fishery in Indian head river.
Be it enacted, §'c., as follows :
Rights, duties. All the Hglits, duties, benefits and privileges, conferred or
b/'Act'"^of"l792 imposed upon the towns of Pembroke and Hanover, or either
posedTportowns of thciu, by tlic act entitled " An Act for regulating the
Han?7er^°'^ *°<^ taking the fish called alewives, in their passage up Indian
Head River, so called, between the towns of Pembroke and
Hanover, in the county of Plymouth, into a pond in said
town of Pembroke, known by the name of Indian Head
Pond," passed February twenty-second, in the year one thou-
sand seven hundi-ed and ninety-two, are hereby conferred and
imposed upon the towns of Hanson and Hanover, in said
county of Plymouth. Approved March 7, 1859.

Chai) 91 An Act TO revive THE LAND OFFICE.

Be it enacted, Sfc, as follows :

^eLi ^^°^ '^^' Section 1. The eighty-fifth chapter of the acts of the
year eighteen hundred and fifty-eight, entitled " An Act to
abolish the Land Office," is hereby repealed, and the acts
and parts of acts therein repealed are hereby revived : pro-

proviso. vided, however, that the land agent shall not be furnished

with a clerk, sliall hold office for the term of one year only,
and shall give bond in such sum only, as the governor and
council shall determine.

Salary continued Section 2. Thc Salary of the late land agent is hereby
continued from and after January first, eighteen hundred
and fifty-nine, until an appointment be made under the
provisions of this act, and the acts hereby revived.

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

passage. Approved March 10, 1859.

Chap. 92.

An Act to increase the capital stock of the Washington
insurance company.

Be it enacted, ^c, as follows :

^f'iJil''A?;L''^P'" The Washington Insurance Company, in the city of
JDOston, IS hereby authorized to increase its capital stock, by
an addition thereto of a sum not exceeding one hundred
thousand dollars, to be collected and paid in such instal-

tal $100,000.

1859.— Chapters 93, 94, 95. 271

ments, and under such provisions and penalties, as the presi-
dent and directors of said company may appoint.

Approved March 10, 1859.

An Act relating to school books and changes in the same. Chan Q'^
Be it e7iacted, Sfc, as follows:

Section 1. The school committee of each city and town scholars to be
shall procure, at the expense of said city or town, or other- school 'bookrl^
wise, a sufficient supply of school books for the public ''°^*-
schools therein, and shall give notice of the place where such
books may be obtained ; and the books shall be supplied to
the scholars at such prices as merely to reimburse the city
or town the expense of the same.

Section 2. No change in the school books used in the changes forwd-
public schools shall be hereafter made, except by the unani- ^en except, &c.
mous consent of the school committee of the city or town
in which such change is proposed : provided, /wioeve?\ that proviso.
whenever the school committee shall consist of a greater
number than nine, and questions relating to school books
shall be intrusted to a sub-committee of the same, the con-
sent of two-thirds of said sub-committee, with the concur-
rent vote of at least three-fourtlis of the members present,
at any meeting of the board called for the purpose, shall be
requisite for such change.

Section 3. Whenever a change is made, as provided by Pupiis to be fur-

, , . f ^ • 1 -ii 11 • nished at expense

the second section oi this act, each pupil then belonging to of town, when
the public schools, and requiring the substituted book, shall ° '^'^e^ ^« ™^<ie.
be furnished with the same, by the school committee thereof,
at the expense of said city or town.

Section 4. This act shall take effect from and after its

passage. Approved March 10, 1859.

An Act additional to an act incorporating the bowdoin Chap. 94.

mutual kire insurance company.
Be it enacted, §'c., as follows:

Tiie Bowdoin Mutual Fire Insurance Company, of Boston, Policies, how to
are hereby authorized to issue policies of insurance according ®'*^"*"^' *"■
to the provisions of chapter one hundred and fifty, of the
statutes of eighteen hundred fifty eight.

lApproved March 10, 1859.

Chajy. 95.

An Act to incorporate the home mutual fire insurance

COMPANY.

Be it enacted, ^'c, as follows :

Samuel H. Loring, Chauncey Chase, Hiram Curtis, their corporators.
associates and successors, are hereby made a corporation by
the name of the Home Mutual Fire Insurance Company, to be Name.

272

1859.— Chapters 96, 97, 98.

Purpose.

Priyileges, re-
strictions, &c.

Chap. 96.

Penalty for tor
turing animal.

Repeal.

established in the city of Boston, for the purpose of insuring
dw^elling-houses and other buildings, and personal property,
against loss or damage by fire ; with all the powers and privi-
leges, and subject to all the duties, liabilities and restrictions,
set forth in the two hundred and fifty-second chapter of the
laws of the Commonwealth of Massachusetts, passed June
third, eighteen hundred and fifty-six, and all other laws of
this Commonwealth applicable to mutual fire insurance
companies. Approved March 14, 1859.

An Act to prevent cruelty to animals.

Be it enacted Sfc, as follows :

Section 1. Every person who shall cruelly beat, maim
or torture any animal, shall be punished by imprisonment in
the county jail, or house of correction, not more than one
year, or by a fine, not exceeding one hundred dollars.

Section 2. The twenty-second section of the one hun-
dred and thirtieth chapter of the Revised Statutes, is hereby

repealed. Approved March 14, 1859.

Chap. 97.

Time for con
struction extend
ed.

Time of applica-
tion to county
commissioners to
estimate dama-
ges extended.

An Act concerning the boston, barre and Gardner railroad

corporation.

Be it enacted, §'c., as follows :

Section 1. The time allowed to the Boston, Barre and
Gardner Railroad Corporation for constructing their rail-
road, is hereby extended to the first day of July, one thou-
sand eight hundred and sixty-three.

Section 2. The time within which applications may be
made to the county commissioners to estimate damages for
land or property taken by said railroad corporation, as pro-
vided in the Revised Statutes, is hereby extended four years,
from and after the passage of this act, notwithstanding said
corporation may have heretofore filed the location of their

railroad. Approved March 14, 1859.

Chap. 98.

Acts legalized.

An Act concerning the chauncy fire and marine insurance

COMPANY.

Be it enacted, Sfc, as follows:

Section 1. All acts which shall have been done by the
Chauncy Fire and Marine Insurance Company in or under
the name of the Quiucy Fire and Marine Insurance Com-
pany, prior to the time when this act takes effect, shall have
the same operation and force in law, in all respects whatever,
as if the same had been done in and under the name of the
Chauncy Fire and Marine Insurance Company.

1859.— Chapter 99. 273

Section 2. The name and style of the Chauncy Fire and change of name.
Marine Insurance Company, shall henceforth be the Prescott
Fire and Marine Insurance Company.

Section 3. This act shall take effect in ten days after its

passage. Approved March 14, 1859.

An Act relating to malden bridge. Chap. 99.

Be it enacted, Sfc, as follows :

Section 1. Maiden Bridge, over Mystic Eiver, in the ^jf^^ree"''^*
city of Charlestown, is hereby laid out as a public highway ;
and the collection of tolls thereon shall cease on the first day
of April next.

Section 2. The said bridge shall be kept in repair, and pa^i?s°nd opLing
the draw thereof opened for the passage of vessels at all draw; in what

,1 />,! •j f/-^i ^ ± manner, and by

proper tmies, at the expense oi the city oi Charlestown, what towns, &c.,

and the towns of Maiden, Melrose, South Reading, Reading, *° ^e^°"«-

North Reading and Stoneham,.and the Maiden and Melrose

Railroad Company, in such proportion as the mayor of said

city, and the chairman of the selectmen of the respective

towns, and the president of said company, for the time

being, after hearing all parties interested, upon due notice

given for that purpose, shall determine: provided. t\mt in no Proportion of as-

11 1 11111 1 1 sessments.

year shall a sum larger than one hundred dollars be assessed
upon the city of Charlestown, or the town of Melrose ; nor
a sum larger than seventy-five dollars upon the towns of
Stoneham or South Reading ; nor a sum larger than fifty
dollars upon the town of Reading ; nor a sum larger than
twenty-five dollars upon the town of North Reading. And
the residue of such expense shall assessed upon the town of
Maiden and the Maiden and Melrose Railroad Company, in
such proportion as said mayor and chairmen of selectmen,
and president of said company shall, by a majority vote,
determine.

Section 3. The mayor of Charlestown shall annually, ll''J°''^^^^^^^^l^
in the month of April, appoint a time and place for a meet- meeting to deter-
ing of said mayor, chairmen of selectmen, and president, at ^fTs^seJ'sments!"''
which meeting tliey shall estimate the probable expense of
the repairs and maintenance of said bridge for the next
ensuing year, and determine the proportions thereof to be
paid by the said city, towns and company, respectively, and
to whom to be paid and by whom to be disbursed, and shall,
before the first day of May of each year, notify said city,
towns and company of the amount assessed upon each.

Section 4. The towns and city so assessed shall raise the Amounts assess-
amount so assessed in the same manner as money is now by to be railed.' *^°''
law raised for the repairs of streets and highways in the said

274 1859— Chapter 100.

towns and city ; and the officers of the same shall have the
same power and authority as in the assessment and collection
of taxes for the repairs of streets and highways.
Orders passed to SECTION 5. All ordcrs passcd by said mayor, chairmen of
ties iuterestea*' Selectmen and president, after a hearing as aforesaid, shall
be final upon the parties interested, and shall be enforced in
the same manner as orders by county commissioners are now
by law enforced.
Superintendence SECTION 6. The mayor and aldermen of the city of
^*'' Charlestown shall take the care and superintendence of said

bridge, and shall employ all services necessary in the care
thereof.
Right of Com- Section 7. Nothing in this act contained shall be con-
surrendered, strued as a surrender, on the part of the Commonwealth,
STr'''"'" of tlie right now held in said bridge and the franchise
thereof, by the Commonwealth ; and the Commonwealth
may, at the will of the legislature, resume the control of
said bridge, and collect tolls thereon, in the same manner
and to the same amounts as if this act had not been passed.
Office abolished. SECTION 8. The officc of commissioDcrs on said bridge is
hereby abolished ; and all law^s inconsistent herewith repealed,
^en to take SECTION 9. This act shall take effect on the first day of

April next. Approved March 14, 1859.

Chap. 100

An Act to amend an act to incorporate the bank of mutual

redemption.
Be it enacted, §'c., as foHoios:
Stock owned by SECTION 1. Chapter four hundred and fifty, of the acts
held To' ™ecure of the year eighteen hundred and fifty-five, entitled "An
indebtedness. ^^^ ^^ iiicorporatc thc Bank of Mutual Redemption," is
hereby so amended, that the stock held in said bank by
either of the banks of New England, shall be held to be
pledged to said bank, to secure any indebtedness of the
stockholder bank to said Bank of Mutual Redemption,
including the bills of the bank so indebted.
May eeii stock of SECTION 2. It shall bc lawful for said Bank of Mutual
Redemption, to sell at public auction any stock so held for
such indebtedness, to any bank authorized by law to liold
the same, after sixty days' notice to the debtor stockholding
bank, and neglect of said debtor bank to discharge its
indebtedness.

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

passage. Approved March 15, 1859.

debtor bank, &c.

1859.— Chapters 101, 102, 103. 275

An Act in relation to the diet, clothing and bedding of con- HJjfjn 101

viCTs in the state prison. I

Be it enacted, Sfc, as follows :

Section 1. Sections forty-four, forty-five and forty-seven, warden and in-
of chapter one hundred and forty-four of the Revised ^pecw". ^'th

,T i-i 1 • 1 [• consent or execu-

btatutes, are hereby repealed ; and in place of the rules and tive,tomakereg-
regulations therein prescribed, the warden and inspectors of
the state prison may, with the consent of the governor and
council, make such regulations in regard to the rations,
clothing and bedding of the convicts, as the health, well-
being and circumstances of each convict may require : pro- Proviso.
vided, that the aggregate expense of the prison be not
thereby increased, and that the diet, rations, clothing, beds
and bedding, be of good quality, and in sufficient quantity,
for the sustenance and comfort of said convicts ; and pro-
vided, further, that no intoxicating liquors shall be furnished
for said convicts.

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

passage. Approved March 17, 1859.

Chap. 102

An Act reiating to a return of pickled and smoked fish.
Be it enacted, Sfc, as follows:

Section 1. The inspector-general of fish shall, in the inspectorgene-
month of January, annually, make a return into the office turn, &c.
of the secretary of the Commonwealth, of all the fish
inspected by him and his deputies during the year preceding
the first day of said January, designating the quantities,
kinds and qualities of pickled and smoked fish respectively,
and distinguishing the quantities, kinds and qualities of
pickled fish of a first inspection, from those re-inspected.

Section 2. The secretary of the Commonwealth shall, secretary to pub-
as soon as may be, after he has received the annual return
of the inspector-general of fish, cause the same to be pub-
lished in any newspaper in the city of Boston, authorized to
publish the laws of the Commonwealth.

Section 3. The seventy-second section of the twenty- Rep«ai.
eighth chapter of the Revised Statutes is hereby repealed.

Approved March 17, 1859.

Chap. 103

An Act establishing the pay of members of school com-
mittees.
Be it enacted, Sfc, as follows:

Section 1. The fourth section of the one hundred and one doiiar and
fifth chapter of the acts of the year eighteen hundred and day for actual
thirty-eight, is hereby so far amended as to make the sum to
be paid to members of school committees, one dollar and
one-half per day, for the time they shall be actually employed

service.

276 1859.— Chapters 104, 105, 106.

in discharging the duties of their office, together with such
additional compensation as their respective towns may allow.
Section 2. This act shall not apply to cities.

Approved March 17, 1859.

Chan 104 -^^ "^^^ concerning issues of stock by corporations.

Be it enacted, Sfc, as follows:

No shares to be SECTION 1. No corporatiou Created by the authority of

vaiue^ than^ those tliis Commonwealtli, having a capital stock divided into

first issued. sharcs, shall issue any shares in said capital stock, or in any

increase thereof, for a less sum or amount, to be actually

paid in on each s-hare, than the par value of the shares

which shall be first issued ; unless the same shall be autho-

ProTiso. rized by special provision of the act of incorporation, or by

act of the legislature, subsequently obtained,
itepeai. Section 2. Chapter one hundred and sixty-seven of the

acts of the year eighteen hundred and fifty-eight, is hereby
repealed. Approved March 17, 1859.

Chap. 105 -'^ -^CT relating to the trout fishery in marshpee river.
Be it enacted, Sfc, as follows:

When trout jhaii SECTION 1. The first scction of the thirty-sixth chapter
of the acts of the year one thousand eight hundred and
forty-nine, is hereby so amended, that no person shall take
any trout in Marshpee River, from the fifteenth day of Sep-
tember in each year, to the twentieth day of March, in the
year next ensuing.

Selectmen may SECTION 2. The fifth scctiou of chaptcr one hundred and

^isposeo s ery, gjgi^^y.gj^^ Qf i\^q q^q^^ gf ^]^g ygg^p Qj^Q thousand eight hun-
dred and fifty-three, is hereby so amended, that the select-
men of the district of Marshpee may lease or dispose of the
trout or herring • fishery in said district, according to the
provisions of said section, for terms of time not exceeding
twenty years in any one lease. Approved March 17, 1859.

Chan 106 "^ '^^^ ^^ amend an act relating to the fisheries.

Be it enacted, ^c, as follows:

Act of 1857 The first section of the thirtieth chapter of the acts of

the year eighteen hundred and fifty-seven, is hereby amended,
by striking out all after the word " provided," in said sec-
tion, and inserting tlie following : — That the provisions of
this act shall not extend to any town, unless such town, at a
legal meeting, shall adopt the same.

Approved March 17, 1859.

amended

1859.— Chapters 107, 108, 109. 277

An Act CONCERNING THE STATE LUNATIC HOSPITALS. ChdY) 107

Be it enacted, Sfc, as follows:

Section 1. The salaries of the superintendents, assist- p^id""^' ^°''
aut-pliysicians, stewards and matrons of the state lunatic
hospitals, at Worcester, Taunton and Northampton, shall
be paid from the current receipts of the several hospitals.

Section 2. The amount paid by the Commonwealth for support of luna-

X • 1 /» 1 • "'^^ having no

the support, at the state lunatic hospitals, of lunatics not settlement.
having any known settlement within this state, shall not
exceed two dollars and fifty cents per week, for each of such
lunatics.

Section 3. This act shall take effect from and after the A^ct^, when to take
thirtieth day of September, in the year eighteen hundred
and fifty-nine. Approved March 17, 1859.

An Act to amend an act concerning the discipline of jails ChaD- 108

AND houses of CORRECTION. "'

Be it enacted, ^"c, as follows :

Section 1. Chapter seventy-seven of the acts of the year Actofisss,
eighteen hundred and fifty-eight, is hereby so amended, that *'^*°
the record of the conduct of prisoners confined in the jails
and houses of correction, shall be submitted to the sheriff
and overseers of the houses of correction, or where there
are no overseers, to the sheriff and county commissioners, to Recommenda-

1 -ijij.! • T- /•ji tion for pardon.

be considered by them in recommending prisoners lor the
exercise of executive clemency.

Section 2. Two or more sentences imposed on one pris-
oner shall, for the purposes of this act, be considered one
sentence. Approved March 17, 1859.

An Act TO INCORPORATE THE TOWN OF BELMONT. Chat) 109

Be it enacted, ^"c, as follows :

Section 1. That portion of the towns of West Cambridge, Boundaries.
Watertown and Waltham, included within the following
boundaries, namely — commencing at a stone post at the
north-western corner, said post being on the line between
Lexington and West Cambridge (run as the magnetic needle
now points) south, about sixty-seven degrees east, five hun-
dred and thirty-seven rods and two links, more or less, to a
point in the centre of Spring Place, near the house of Edward
Fillebrown ; thence following said Spring Place in a south-
easterly direction, one hundred forty-seven rods and eighteen
links, more or less, to the centre of Pleasant Street ; thence
following Pleasant Street north six rods and fifteen links to
a point in said street opposite the centre of the westerly end
of Pond Street; thence following said Pond Street in a

15

278 1859.— Chapter 109.

south-easterly direction one hundred fifty-eight rods and
eight links, more or less, to a spike in the centre of said
Pond Street, which said spike is opposite a stone post ;
thence south, about fifty degrees east, two hundred thirty-
two rods, more or less, in a direct line to the junction of
Little River with the brook that forms the outlet of Fresh
Pond ; thence following said brook to the point where it
takes its source from said pond, said brook being the boun-
dary line between Old Cambridge and West Cambridge ;
thence south, sixty-five degrees west, one hundred and
thirty-seven rods nine links, to a point near the centre of
said pond ; thence south, five degrees and sixteen minutes
east, two hundred fourteen and one-fourth rods, to a stone
post near the entrance of Mount Auburn ; thence in a north-
westerly direction, following the south side of Belmont
Street, seven hundred thirteen rods four links, to a point
known as the Four Corners ; thence north, twenty-four and
three-quarters degrees west, one hundred eighty-six rods, to
a point on Beaver Brook ; thence following said brook in a
north-easterly by north-westerly direction, to a point where
said brook crosses the line between West Cambridge and
Waltham ; thence north, fifty-three degrees west, one
hundred and forty-one rods twenty-three links, to a stone
post, said post being at the extreme south-east corner of
Lexington ; thence north, forty-five and one-half degrees
east, on the line of Lexington, two hundred rods, to a stone
post ; thence north, forty-four and one-half degrees east, on
the line of Lexington, forty rods sixteen links, to the point
of starting, — is hereby incorporated into a town by the name
fegrs^^&c^"''*' ^^ Belmont ; and the inhabitants of said town of Belmont
are hereby invested with all the powers and privileges, and
shall be subject to all the duties and requisitions of other
incorporated towns according to the constitution and laws of
the Commonwealth.
Inhabitants to SECTION 2. Thc inhabitants of said town of Belmont
Sed, &c'"'^^ ^^' shall be holden to pay all arrears of taxes which have been
assessed upon them by the towns of West Cambridge, Water-
town and Waltham respectively, before the first day of May,
in the year of our Lord one thousand eight hundred and
fifty-nine, and also their proportion of all county and state
taxes that may be assessed upon said towns, respectively,
previous to the taking of the next state valuation, said pro-
portion to be ascertained and determined by the last valua-
tion of said towns respectively ; and said town of Belmont
shall be holden to pay their proportion of the debts due and
owing, at the time of the passage of this act, from the towns

1859.— Chapter 109. 279

of West Cambridge, Watertown and Waltham respectively,
and be entitled to receive of the said towns, respectively,
their proportion of all the corporate property now owned by
said towns of West Cambridge, Watertown and Waltham
respectively ; such proportion to be ascertained and deter-
mined by the last valuation of said towns respectively.

Section 3. The town of Belmont shall support their support of pau-
proportion of all paupers now supported by either of the ^'"^'*'
said towns of West Cambridge, Watertown and Waltham,
and the said towns of Belmont, West Cambridge, Watertown
and Waltham shall be respectively liable for the support of
all paupers who shall hereafter stand in need of relief as
paupers, whose settlement was gained or derived within their
respective limits.

Section 4. In case the said towns of West Cambridge Disagreement as
and Belmont, or said towns of Watertown and Belmont, or peitrtown^pro-
said towns of Waltham and Belmont shall disagree in respect p^""'^' '^"^^^^ *""■
to a division of paupers, town property, town debts, or state
and county taxes, the court of common pleas for the county
of Middlesex are hereby authorized to, and shall, on appli-
cation of either of said towns, appoint three disinterested
persons to hear the parties and award thereon, which award,
when accepted by the court, shall be final.

Section 5. The town of Belmont, for the purpose of Election of repre-
electing representatives and senators to the general court, torst'comicuTors'
and councillors, and representatives to congress, until the t/les t(?congress"
next decennial census, or until another apportionment be
made, shall remain a part of said towns of West Cambridge,
Watertown and Waltham respectively, and vote therefor at
such places, respectively, as tlie said towns of West Cam-
bridge, Watertown and Waltham shall vote for the said
officers ; and the selectmen of Belmont shall make a true
list of all persons within their town qualified to vote at any
such election, and shall post up the same in said town of
Belmont, and shall correct the same, as required by law,
and shall deliver a true list of all such voters as are entitled
to vote in said towns of West Cambridge, Watertown and
Waltham respectively, to the selectmen thereof, seven days
at least before such election, to be used thereat.

Section 6. Any justice of the peace in the county of choice of town
Middlesex is hereby authorized to issue his warrant to any °®''®*'*-
principal inhabitant of the town of Belmont, requiring him
to warn the inhabitants of said town 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.

280 1859.— Chapters 110, 111, 112.

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

passage. Approved March 18, 1859.

Chan 110 ^^ ^^^ ^^ RELATION TO JUDGES OF PROBATE AND INSOLVENCY.

Be it enacted, Sfc, as follows :

Judges may in- SECTION 1. Judgcs of probatc and insolvency in the

Tice. several counties may interchange service and periorm each

other's duties, when they may find it necessary or convenient.

Register to cer- SECTION 2. Wlicn sucli interchange sliall take place, the

tify in such ease, pggjgj^gp Qf ppobatc aud iusolvcncy for the county in which

the judge of any other county acts, shall certify on the

records of his courts, the time during which or the cases in

which such judge so acts.

All bonds to be SECTION 3. Bouds, required to be given to the judge of

fudg°, &c*'''*^^°' probate and insolvency, shall be given to the judge appointed

for the county and his successors in office, and all business

shall be done in his name, or the name of the probate court

or the court of insolvency for tlie same county, as the case

may be ; but all bonds may be approved, and all other acts,

required to be done or certified by the judge, may be

approved, done or certified by the acting judge.

Section 4. This act shall take effect from and after its

passage. Approved March 19, 1859.

Chap. Ill -^^ ^^'^ '^O EXTEND THE MARINE RAILWAYS OF D. O. PARKHURST AND
"' JOHN H. GALE, OF GLOUCESTER.

Be it enacted, §'c., as follows:

May extend rail- Section 1. D. 0. Parkhurst and John H. Gale, of
Gloucester, in the county of Essex, are liereby authorized
to build, maintain and extend the two marine railways, now
owned by them, to a distance of thirty-feet, into Gloucester
harbor, in a south-easterly direction, and on a line with that

ProTiso. part of the aforesaid railways already constructed : provided^

however, that this act shall in no wise impair the legal rights
of any other person whatever.

Section 2. This act shall take effect from and after its
passage. Approved March 19, 1859.

Chap. 112 An Act to confirm certain acts done by john j. russell, as

JUSTICE OF THE PEACE.

Be it enacted, cVc, as folloios :
Acts made valid. AH acts douc by Johu J. Russell, of Plymouth, in the
county of Plymouth, as a justice of the peace within and
for said county of Plymouth, between the first day of Decem-
ber, in the year one thousand eight hundred and fifty-seven,
and the twentieth day of March, in the year eighteen hun-
dred and fifty-nine, are hereby made valid and confirmed, to

1859.— Chapters 113, 114, 115. 281

the same extent as they would have been valid, had he been,
during that interval, duly qualified to discharge the duties
of the said office. Approved March 22, 1859.

An Act concerning the Middlesex company. Chap. 113

Be it enacted, ^c, as foUoivs :

Section 1. The Middlesex Company is hereby authorized ^^y <='i*nge par

n ' 1 1 value and in-

to change the par value ot its shares to such amount, not crease number of
less than one hundred dollars each, by increasing the num-
ber of shares of its capital stock to such number, not less
than two thousand, as shall be established and voted by the
stockholders thereof, at a meeting to be specially called for
that purpose, within one year from the passage of this act.

Section 2, Said corporation is also authorized further to S3oo,ooo addi-

, p.i 1 .ii'iii tional capital.

issue new shares, ot the par value so estanJished, to an
amount not exceeding three hundred thousand dollars, in
addition to the capital stock as it shall be established under
the authority of section first of this act ; such new shares to
be offered to the present stockholders in said corporation, in
proportion to the amount of old stock held by them at the
time of the issue of such new shares; and if not accepted New shares how

. , . . , [, 1 rr- IT T c "i'sposed of, &c.

by them within sixty days alter such offer, to be disposed ot
in such manner as shall be prescribed by vote of the company.

Section 3. This act shall take effect whenever the same ^ct not to take

, Til 1111 • -1 • effect until ao-

shall be accepted by the stockholders in said corporation, at cepted.
a legal meeting thereof, called and held for the purpose,
within one year from the passage of this act.

Approved March 24, 1859.

An Act relating to the taxation of ships. Chap. 114

Be it enacted, ^'c, as follows :

Taxes on ships or vessels owned by a copartnership, shall Jetsed to°each co-
be assessed to each copartner, to the extent of his interest partner.
therein, in the town or city wherein he resides.

Approved March 24, 1859.

An Act in relation to the boston and maine railroad. Chap. 115

Be it enacted, §'c., as follows :

Section 1. The Boston and Maine Railroad is hereby May mi up pue
authorized to render that portion of its pile structure over '

Miller's River, between what is called the " Island," north
of Prison Point, and the main land in Somerville, more safe
and convenient, by filling up and making solid the same,
leaving however a passage way in the channel of Miller's
River, where it passes under said structure, at least thirty
feet wide, for the convenient passage of water. Said com- Mayre-iocateand

', I'l 1 • 11-1 widen road, &c.

pany is also hereby authorized to re-locate its road and widen

282 1859.— Chapter 116.

the same from said island to said Somerville shore, so that
the easterly line thereof shall be twenty-six and a half feet
from the centre of its present road, and may locate and con-
struct the new part of said structure upon and over the
same, which it may take and hold for the above purpose.
Privileges, re- SECTION 2. Said compauy shall, with respect to the land

strictious &c i. */ ' X

' ■ hereby authorized to be taken and filled up, enjoy all the
rights and privileges, and be subject to all the duties, liabili-
ties and restrictions, set forth in the forty-fourth chapter of
the Revised Statutes, and in that part of the thirty-ninth
chapter of the Revised Statutes relating to railroad corpora-
tions, and in all general statutes that have been or shall be
passed relating to railroad corporations.

Approved March 25, 1859.

Chap. 116 -A^N Act to punish and kemedy the wrongful detention of

BANK BILLS.

Be it enacted, §'c., as follows :
Bank haying Section 1. Auy bauk or bankino; company issuing bills

made legal ten- *'. niwj-i

der or payment or uotos as currcucy, havmg made a legal tender to, or hav-

ontsMKay hig paid to the holder of any of its bills or notes, the amount

^eple"inTo'^e- ^'^® thcrcon w^ith intcrcst and costs, if any have accrued,

cover. if such uotcs Or bills shall be detained after such payment or

tender, and a demand therefor, may sue out a writ of

replevin to recover the same bills or notes, in like manner

and to the like effect as in case of other personal chattels

Remedy in equi- wrougfully detained ; and if such bills or notes are secreted

y,i conceae . ^^ withheld, SO that tlicy cannot be replevied, remedy may

be had in equity, as in case of such chattels so withheld or

secreted.

If withheld be- Section 2. If it shall appear upon trial or hearing of

cause of amount , ,i , i i mi • i i i t i r-

due thereby. tlic causc, tliat such bills or notes were witliheld because oi
any penalty, forfeiture, interest or sum due thereby, or aris-
ing thereon, to the defendant, beyond the amount so paid or
tendered, the defendant shall have judgment for such sum
due at that time, with interest and costs of suit ; otherwise,
if he shall not have received the sum tendered, he shall have
judgment only for that amount ; and the plaintiff shall
recover the amount of his damages for the detention of such
bills or notes, with costs of suit : provided, the amount of
such sum due the defendant and the amount of the damages
of the plaintiff shall be assessed by the jury who try the
cause, or by the court, upon non-suit or default, or hearing
in equity.
kctin? and ""re- Section 3. Whoovcr maliclously gathers up, or retains,
taining^bankbiiis Or maliciously aids in gathering up, or retaining, any bills
injuring bank, or uotcs of any bank, or banking company, current by law,

1859.— Chapter 117. 283

or usage in this state, for the purpose of injuring or imped-
ing the circulation or business of such bank, or banking
company, or of compelling it to do any act out of the usual
course of its business, shall be punished by a fine of not
more than five hundred dollars, or by imprisonment in the
jail not more than two years.

Section 4. In the prosecution of any offence mentioned Necessary oniy to
in the preceding section, it shall not be necessary to set out ^6(1*'"°"°
and describe each bill which is the subject of such offence,
but it shall be deemed sufficient to aver and prove any
amount of bills of any bank which have been so gathered
up, or retained.

Section 5. This act shall not affect any suits now pending.

Approved March 26, 1859.
Ax Act ix additiox to an act authorizing a loan of the state nhfj^t 117

CREDIT, TO ENABLE THE TROY AND GREENFIELD RAILROAD COM- J^'

PANY TO CONSTRUCT THE HOOSAC TUNNEL.

Be it enacted, §'c., as folloivs:

Section 1. The terms of the act authorizing a loan of ^°^'fl°^t>°'» of
the state credit to enable the Troy and Greenfield Railroad
Company to construct the Hoosac Tunnel, are hereby modi-
fied as follows, viz. :

Whenever it shall be made to appear to the satisfaction of
the governor and council, that the Troy and Greenfield
Railroad Company shall have actually obtained unconditional
subscriptions to their corporate stock in the sum of six hun-
dred thousand dollars, and twenty per cent, on each and
every share of said six hundred thousand dollars shall have
been actually paid in, and shall have completed seven miles
of their road, in one or two sections, and one thousand lineal
feet of their said tunnel under the Hoosac Mountain, in one
or more sections, of size sufldcient for one or more railroad
tracks, a portion of said scrip, to the amount of one hundred
thousand dollars, shall be delivered to the treasurer of said
company ; and whenever said company shall have excavated,
in addition to the amount of tunnel above provided for, one
thousand lineal feet, in one or more sections, of heading or
gallery of fourteen feet width at the bottom, and six feet in
height in the middle, and of suitable proportion and form,
or (if excavated by machinery) circular, and with a diameter
of not less than eight feet, another portion of said scrip,
amounting to fifty thousand dollars, shall be delivered to
the treasurer of said company ; and when said company
shall have excavated two thousand feet of their said tunnel,
of the size above specified, another portion of said scrip,

284 1859.— Chapter 117.

amounting to thirty thousand dollars, shall be delivered as
aforesaid ; and whenever said company in addition to said
two thousand feet, shall have excavated one 'thousand lineal
feet of heading, in one or more sections, and of the size
above specified, and shall have graded three miles of road,
commencing on the bank of Green River, at the present
location of the crossing of said stream, or north thereof, and
extending towards Shelburne Falls, on the same side of
Green River and Deerfield River as the present location,
said three miles being all situated within four miles of the
point of commencement, another portion of said scrip,
amounting to eighty thousand dollars, shall be delivered as
aforesaid ; and whenever in addition to the grading of said
three miles as above, said company shall have excavated
three thousand lineal feet of tunnel as above specified,
another portion of said scrip, to the amount of twenty thou-
sand dollars, shall be delivered as aforesaid ; and whenever
said company, in addition to the three thousand feet above
specified, shall liave excavated, in one or more sections, one
thousand lineal feet of heading, as above specified, and shall
have graded six miles of road in location and otherwise as
aforesaid, said six miles of road being all situate within seven
miles of the point of commencement at Green River, another
portion of said scrip, amounting to eighty thousand dollars,
shall be delivered as aforesaid ; and when said company, in
addition to the grading of six miles of road above specified,
shall have excavated four thousand feet of tunnel as above,
another portion of said scrip, amounting to twenty thousand
dollars, shall be delivered as aforesaid ; and whenever said
company, in addition to the above, shall have excavated, in
one or more sections, one thousand lineal feet of heading as
aforesaid, and shall have graded nine miles of road, in loca-
tion and otherwise as aforesaid, between Greenfield and
Shelburne Falls, another portion of said scrip, to the amount
of eighty thousand dollars, shall be delivered as aforesaid ;
and whenever said company, in addition to the above nine
miles of graded road, shall have excavated five thousand
feet of tunnel as aforesaid, anotlier portion of said scrip,
amounting to twenty thousand dollars, shall be delivered as
aforesaid ; and whenever said company shall have excavated,
in one or more sections, one thousand lineal feet of heading
as aforesaid, in addition to the five thousand feet of tunnel
above specified, and shall have graded the road between
Greenfield and Shelburne Falls, crossing the Green River
upon the present location, or at a point north thereof,
another portion of said scrip, amounting to eighty thousand

1859.— Chapter 117. 285

dollars, shall be delivered as aforesaid ; and whenever said
company, in addition to the grading of the road between
Greenfield and Shelbnrne Falls as aforesaid, shall have
excavated six thonsand feet of tunnel as aforesaid, another
portion of said scrip, amountinglo twenty thousand dollars,
shall be delivered as aforesaid ; and whenever in addition
to the grading and tunnel above specified, the said company
shall have excavated as aforesaid, one thousand lineal feet
of heading, another portion of said scrip, to the amount of
thirty thousand dollars, shall be delivered as aforesaid ; and
whenever in addition to the grading above specified, the said
company shall have excavated seven thousand feet of tunnel
as aforesaid, another portion of said scrip, to the amount of
twenty thousand dollars, shall be delivered as aforesaid ;
and for each additional thousand feet of heading that shall
be excavated of dimensions as aforesaid, another portion of
said scrip, amounting to thirty thousand dollars, shall be
delivered as aforesaid ; and for each additional one thousand
feet of tunnel that shall be excavated of dimensions as afore-
said, another portion of said scrip, amounting to twenty
thousand dollars, shall be delivered as aforesaid ; and when-
ever said company shall have completed the graduation and
superstructure of the road between Greenfield and Shelburne
Falls, on the route herein before specified, and shall have
put the same in running order, another portion of said
scrip, to the amount of forty thousand dollars, shall be deliv-
ered as aforesaid ; and whenever said company, in addition
to the road between Greenfield and Shelburne Falls above
specified, shall have completed the graduation and super-
structure of two continuous miles of road, commencing at
the western termination of the above road, another portion
of said scrip, amounting to eighty thousand dollars, shall be
delivered as aforesaid ; and for the graduation and super-
structure of each additional mile of road, graded and laid
continuously through either of the towns of Buckland,
Charlemont, Rowe or Florida, another portion of said scrip,
amounting to twenty thousand dollars, shall be delivered as
aforesaid : provided, that when the rails shall have been laid Proviso.
and the road put in running order, between Greenfield and
the east end of the Hoosac Tunnel, excepting that portion of
the road which is to be made from the material to be furnished
by the tunnel itself, another portion of said scrip, amounting
to one hundred thousand dollars, shall be delivered as afore-
said : andprovided, also, that whenever the aggregate amount Proyiso.
of scrip that shall have been delivered to the treasurer of
said company shall have reached the sum of one million

16

286 1859.— Chapter 117.

seven hundred thousand dollars, no further delivery of scrip
shall be made until the whole of the tunnel through the
Hoosac Mountain shall have been completed, of size not less
than fourteen feet in width and eighteen feet in height from
the bottom to tlie top of the excavation, and until the facades
of the said tunnel and such portions as may require arching
shall be finished with good substantial stone or brick mason-
ry, and until the rails shall have been laid over the whole
length of the road, including the tunnel, and the same con-
structed in such manner, and the necessary connections with
other roads so finished, as will permit the convenient use of
the same in the transportation of passengers and freight
between the cities of Boston and Troy ; but when such con-
nections sliall have been made, the tunnel fully completed
and the road constructed as herein before provided, the bal-
ance of said scrip, amounting to three hundred thousand dol-

Provuo. lars, shall be delivered as aforesaid : and provided, also, that

until the rails shall have been laid and the road put in running
order between Greenfield and Shelburne Falls, the aggregate
payments under this act shall not exceed one million dol-

ProTiso. lars : and provided, also, that prior to the second delivery

of scrip to the treasurer of the Troy and Greenfield Railroad
Corporation, according to the provisions of this section,
evidence shall be furnished, satisfactory to the governor and
council, that a sum equal to thirty per cent, of tlie amount
of the scrip then applied for, shall have been actually paid
to the treasurer of said corporation, (in cash,) by the stock-
holders thereof, in addition to the one hundred and twenty
thousand dollars to be paid prior to the delivery of any
scrip, and that on each application for scrip, in pursuance of
the provisions of this section, and prior to the delivery
thereof, satisfactory evidence shall be furnished to the gov-
ernor and council that a sum equal to thirty per cent, of the
amount of scrip then applied for, has been actually paid to
the treasurer of said corporation, until the six hundred
thousand dollars subscribed for shall have been paid by the
stockholders ; and no scrip shall be delivered imtil satisfac-
tory evidence of such payment is, from time to time, furnished

Proviso. to the governor and council : and provided, also, no scrip

shall be delivered to the treasurer of said corporation until
satisfactory evidence shall be furnished to the governor and
council, that said corporation have expended in a reasonable
manner, in excavating and completing said tunnel, and in
grading, constructing and completing the line of road, a sum
at least equal to the amount of all the preceding issues of
scrip.

1859.— Chapter 117. 287

k^ECTiON 2, The preceding section of this act shall not
be so construed as necessarily to delay the opening of the
road between Greenfield and Shelburne Falls, until after the
completion of six thousand feet of tunnel ; but whenever
any portion of not less than three miles of said road shall
have been graded between Greenfield and Shelburne Falls,
as herein before provided, a portion of scrip, amounting to
fifty thousand dollars, shall be delivered to the treasurer of
the said company ; and in case such payments shall have
been previously made upon the road, the payments upon the
completion of the third, fourth, fifth and sixth thousand feet
of tunnel shall be reduced to thirty thousand dollars for each
thousand feet of heading, and twenty thousand dollars for
each thousand feet of tunnel of the required dimensions ;
but no portion of said scrip shall be delivered for any portion
of said heading or tunnel, until the corresponding portion of
the road shall have been graded as is herein before provided.

Section 3. Whenever the treasurer of said company scrip to be offered
shall receive any of said scrip, he shall offer the scrip, so ^^mmTuweauh"^
received, to the treasurer of the Commonwealth for sale ; f°i"8^i®-
and if the treasurer of the Commonwealth shall so require,
being thereunto authorized by law, the treasurer of said
company shall sell and dispose of the same to the treasurer
of the Commonwealth, at the fair market value thereof, to
be determined by the governor and council. If the treasurer
of the Commonwealth shall decide to buy as aforesaid, then
the treasurer of the company shall forthwith pay, to the
commissioners of the sinking fund, ten per cent, on the
amount of the scrip so taken, as a sinking fund. If the
treasurer of the Commonwealth shall decide not to buy, as
aforesaid, then the treasurer of the company, within three
months after the receipt of any of said scrip, shall pay to the
commissioners of the sinking fund, ten per cent, on the
amount of the scrip so received, as a sinking fund. After
the whole of said road is open for use, twenty-five thousand
dollars annually, shall be set apart from the income of said
road, and paid to said commissioners ; and the whole thereof
shall be added to said sinking fund, and shall be managed,
invested and appropriated, as is or shall be provided by law
in relation thereto.

Section 4. The preceding sections shall be in lieu of Actofi854,
and be substituted for sections two and three of chapter two ^°^*'°'^®'^-
hundred and twenty-six of the acts of the year one thousand
eight hundred and fifty-four, and the second section of said
act is hereby repealed.

288 1859.— Chapter 118.

Time for compie- SECTION 5. TliG time foF Completing the Troy and Green-

lon ex eL e . ^^^^ Railroad, and Hoosac Tunnel, is hereby extended until
December thirty-first, in the year one thousand eight hun-
dred and sixty-five.

Subscriptions. SECTION 6. Subscriptious, the instalments upon which

are payable in cash, or in the scrip of the towns authorized
to subscribe to the stock of the Troy and G-reenfield Rail-
road Company, under the provisions of chapter three hun-
dred and ninety-four of the acts of the year one thousand
eight hundred and fifty-five, shall be considered as uncondi-
tional subscriptions, in compliance with the requirements of
this act ; and payment in the bonds of said towns shall be
considered as cash.

Act when to take SECTION 7. Tliis act sliall take effect, whenever said
company shall file, in the office of the secretary of state, a
certified copy of any vote or votes accepting the same, which
may be passed at any regular meeting of the stockholders of
said company, or at any meeting specially called for that
purpose. Approved March 26, 1859.

Chap. 118 -^ ■^^'^ '^^ EQUALIZE TAXATION.

Be it enacted, ^'c, as follows:
Taxes maj be re- SECTION 1. Evcry tax, uot upou ratable polls, which is
va^id'"by reason iuvalld by rcasou of any error or irregularity in the assess-
ofMror in assess- jjjeiit tliercof, whcrc the estate assessed, or the person upon
whom the assessment purports to have been made, was liable
to taxation at the time of such supposed assessment, and
which has not been paid, or having been received by the
collector has been recovered back because of such error or
irregularity, may be reassessed by the assessors for the time
being, to the just amount to which, and upon the estate or
to the person to whom, such tax ought at first to have been
assessed, whether such person may have continued an in-
habitant of the same town or not, in the mean time. And
the same proceedings may be had and the same remedies
resorted to in the collection of such tax, as are provided in
the case of other taxes.
Shall constitute a SECTION 2. Taxcs SO rcasscssed on real estate shall con-
tate. ^ ' stitute a lien thereon from the time they are committed to

the collector, unless the estate has been alienated in the
mean time between the first and second assessments.
Amount of tax SECTION 3. The auiouut hereafter received as a tax by
uniess"*^rIceTTed any collcctor shall not be recovered back in any action,
after arrest, &c. ^^nless it shall havc becn received after actual arrest of the
person, or levy upon the goods, or notice of saie of the real

1859.— Chapters 119, 120. 289

estate for such tax, or a protest in writing by the person or
corporation supposed to be liable to pay the same.

Section 4. Whenever, by any erroneous or illegal assess- in excessive tax-

, ,. . /• J 1 • i_ • 1 ation amount of

ment or apportionment oi taxation, any party is assessed excess oniy to be
more or less than his due and legal proportion, such tax and '^«<=°^"*'^-
assessment shall be void only to the extent of the illegal
excess of taxation, whenever such exists ; and no party shall
recover, in any suit or process based upon such error or
illegality, greater damages than the amount of such excess.
And no sale, contract or levy shall be avoided by reason of
such error or illegality, except when, and in so far as, it is
avoided by such excess.

Section 6. This act shall take effect upon its passage.

Approved March 26, 1859.
An Act concernixg the investment or deposit of money ChciT)- 119

BELONGING TO THE ESTATES OF INSOLVENT DEBTORS. " '

Be it enacted, Sfc, as follows:

Section 1. Whenever it shall appear that the distribu- if distribution of

1 I insolvent estate

tioii of the estate of any insolvent debtor will be delayed by is delayed, judge

PI.,.,. ,, T ,1 . ^ f> mav order invest-

reason or litigation, or other good canse, the judge ot pro- ment or deposit
bate and insolvency before whom the case may be pending, «' t^ie moneys.
may direct the temporary investment of the moneys belong-
ing to such estate, in securities to be approved by said judge;
or the said judge of probate and insolvency may authorize
such moneys to be deposited in any bank in this Common-
wealth, upon interest, in which case it shall be lawful for the
bank receiving such deposit, to contract with the assignee or
assignees of such estate for the payment of interest thereon,
at a rate not exceeding that established by law.

Section 2. This act shall take effect from and after its
passage. Approved March 26, 1859.

An Act authorizing the city op charlestown to establish a Chap. 1 20

FIRE DEPARTMENT.

Be it enacted, §"c., as follows :

Section 1. The city council of the city of Charlestown estabifsh'"'" "'^^
may establish a fire department for said city, to consist of as
many engineers, officers, enginemen and members, as the
city council, by ordinance, shall from time to time prescribe.

Section 2. The city council shall have authority to make shaiihaveautho-
such provisions in regard to the time and mode of appoint- " ^'
ment, and the occasion and manner of the removal of either
officers or members ; to make such requisitions in respect to
their qualifications and period of service ; to define their
office and duty ; to fix and provide for the payment of their

290 1859.— Chapter 121.

compensation ; and, generally, to make such regulations in
regard to their conduct and government, and to the man-
agement and conduct of fires, and persons attending at
fires, subject to penalties to be prescribed by ordinance, as

Proviso. they shall deem expedient : provided, such ordinances be

not repugnant to tlie laws of the Commonwealth : and pro-
vided, aha, that the appointment of enginemen, hosemen
and hook and ladder men shall be made by the mayor and
aldermen.

Powers and du- SECTION 3. The powcrs and duties conferred and imposed
by this act, may be carried into effect by the city council, in
any manner they may prescribe, and through the agency of
any person or board to whom they may delegate the same.

Actj^of 1840 re- SECTION 4. Tlic act entitled " An Act to establish a Fire
Department in the Town of Charlestown," passed on the
fifteenth day of February, in the year eighteen hundred and
forty, is hereby repealed.

Act not to affect SECTION 5. This act shall take effect upon its passage ;

nances. but it sliall uot opcratc upon existing laws and ordinances

relating to the fire department of the city of Charlestown,
until it shall have been adopted by the city council thereof,
and until said council shall have passed an ordinance estab-
lishing a fire department for said city under the authority of
this act. Approved March 26, 1859.

Chap. 121 -^^ Act CONCERNING ELECTIONS.

Be it enacted, Sfc, as folloios :

?f"repreLnt!idye SECTION 1. Whcncver, at auy meeting of the clerks in
districts in cases any representative district, as provided in the three hundred

of informal re- i i ^ i i , o ^ p ^ • i ; i

turns. and eleventh cliapter of the acts oi tne year eighteen hun-

dred and fifty-seven, any manifest error appears in the form
of any return, the clerks shall forthwith give notice thereof
to the oflicers whose duty it is to make such return, and
such officers shall forthwith make a new return under oath,
in conformity with the trutli of the case, which return,
whether made with or without such notice, shall be received
and examined by said clerks at any time within two days of
their meeting aforesaid ; and no returns shall be rejected,
when the whole number of votes and the number given for
each candidate can be ascertained.

j^urn\hTirme''et Section 2. Wheiicver necessary for carrying out the

iDg- provisions of the first section of this act, the clerks shall

adjourn their meeting, either to the next or second succeed-
ing day, but no longer.

TeTut'^ ^"' ^'""' . Section 3. Any clerk wilfully signing any certificate not
in conformity with the result of the election, as apparent in

1859.— Chapter 122. 291

the returns, shall be subject to a penalty not exceeding
three hundred dollars.

Section 4. In addition to the blanks now required to be secretary to fur-
furnished, the secretary of the Commonwealth shall furnish "^'^
each of the component towns of any representative district,
blanks for tlie transcript of the record required by the fifth
section of said three hundred and eleventh chapter.

Approved March 26, 1859.

Chap. 122

An Act relating to essex bridge.
Be it enacted, §"c., as follows :

Section 1. The agent of Essex Bridge shall receive a saiary of agent.
salary of one hundred dollars per annum, which shall be in
full for all his services.

Section 2. The tolls on said bridge for each coach which toiis.
crosses the same as often as five times daily, and is used for
the purpose of carrying passengers for hire, shall be four
cents for each trip ; but there shall be no commutation
thereof, under the provisions of the one hundred and eighth
chapter of the acts of the year one thousand eight hundred
and fifty-eight.

Section 3. The agent shall pay over to the treasurer of Agent to pay
the Commonwealth, quarterly, all moneys received for tolls °'^'^'
upon said bridge.

Section 4. All moneys necessary for the repair, main- Expenses of
tenance, improvement or construction of said bridge, and bor'!fe''b'vCom-
for the compensation of the agent aforesaid, and of the toll '"oi^'eaith.
gatherers thereon, shall be paid by the treasurer of the Com-
monwealth out of the moneys in his hands arising from said
tolls : provided, that no moneys shall be so paid by the Proviso.
treasurer, except in pursuance of appropriations made in
each year by the general court. The balance of moneys
arising from said tolls shall be passed by the treasurer to the
credit of the Essex Bridge Fund, provided for by the fifth
section of the one hundred and eighth chapter of the acts
of the year one thousand eight hundred and fifty-eight, and
invested according to the provisions of said section.

Section 5. The said agent shall, within ten days after Agent to submit
the passage of this act, and on or before the fifteenth day of pen°ses°*and estu
January in each year hereafter, submit in writing to the ™^'®-
speaker of the house of representatives an account of his
expenditures for the year preceding, and a detailed estimate
of the sums which in his judgment will be necessary to be
expended upon said bridge, and the collection of tolls
thereon, for the year then current.

292 1859.— Chapters 123, 124, 125.

To extend pier. SECTION 6. The ageiit of Said bridge is hereby autliorized
to extend the pier on the eastern side of the draw on said
bridge, so that the entire length of said pier shall not exceed
one hundred feet ; and the expense of the same shall be
considered as included in the necessary repairs on said
bridge.

Buoys. Section 7. It shall be a part of tlie duty of the agent of

said bridge to keep two good and sufficient buoys connected
therewith, one on the eastern, and the other on the western
side of said bridge, the expense thereof to be included in
the necessary repairs on said bridge.

Section 8. This act shall take effect upon its passage.

Approved March 26, 1859.

ChctT) 123 "^^ '^^^ ^^ ADDITION TO AN ACT TO INCORPORATE THE EAST
-^' BOSTON LIBRARY ASSOCIATION.

Be it enacted, ^"c, as follows :

Name changed. SECTION 1. The East Bostou Library Association, a cor-
poration established by the laws of this Commonwealth,
passed in the year eighteen hundred and fifty-two, shall be
hereafter known and called by the name of the Sumner
Library Association.

Acts legalized. SECTION 2. All the acts of Said association in tlie organi-

zation tliereof, and proceedings subsequent thereto, are
hereby confirmed.

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

passage. Approved 3Iarch 26, 185Q.

Chat) 124 -^^"^ -^^^ ^^ INCORPORATE THE WASHINGTONIAN HOME.

Be it enacted, Sfc, as follows :
Corporators. SECTION 1. Joscph Story, Isaac Emery and Thomas

Name. Russcll, their associates and successors, are hereby made a

Purpose. corporation by the name of the Washingtonian Home, for

the purpose of providing a retreat for inebriates and means
Privileges, re- for reforming tliem ; 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 person- SECTION 2. The Said corporatiou may hold, for the pur-

al estate $40 000. . J ^ r

' " pose aforesaid, real estate to the amount of thirty thousand
dollars, and personal estate to the amount of ten thousand
dollars. Approved March 26, 1859.

Chap. 125 ^'^ ^^'^ ^N RELATION TO RAILROAD CROSSINGS.

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

Acton849 Section 1. The second section of the two hundred and

amended. twcnty-secoiid chapter of the acts of the year eighteen

1859.— Chapter 126. 293

hundred and forty-nine, is hereby amended, by striking out the
words " or travelled place," where they first occur therein.

Section 2. If the mayor and aldermen of any city, or Erection of neces-

,1 1, f. , 1. , nji - sary sign boards

the selectmen oi any town, wherem any travelled place is upon request of
crossed by any steam railroad, upon the same level there- mLy'oTand aider^
with, shall be of opinion, in any particular case, that it is n»en.
necessary, for the better security of the public, that the
sign boards, required to be erected by the seventy-ninth
section of the thirty-ninth chapter of the Revised Statutes,
across turnpikes, highways or town ways, should be main-
tained at such travelled place, the said mayor and aldermen,
or selectmen, may in writing request the corporation to
which said railroad belongs, to erect and maintain such
sign boards ; and if said corporation shall neglect or refuse ^po^ refusal of
so to do, the said mayor and aldermen, or selectmen, may county commis-
apply to the county commissioners to decide upon the rea- sio'iers to decide,
sonableness of such request; and if such commissioners,
after due notice and hearing of the parties, shall decide
that the erection of such sign boards is necessary for the
better security of the public, the said railroad corporation
shall comply with said decision, and shall pay the costs of p"^*^^"^ '5^'^^°''®

I''. T-p-T • *° county com-

the application ; and ii said commissioners shall be of missioners.
opinion that the erection of the sign boards is not required
as aforesaid, one-half of the costs of said application shall be
paid by the said mayor and aldermen, or selectmen, and
one-half thereof by said railroad corporation.

Section 3. Whenever any railroad corporation shall ^'°s'^^s of beii

1- 1-11 •• n 1 upon approach

erect sign boards m accordance with the provisions oi the of locomotive to
preceding section, they shall cause the bell upon their loco- '^''"^^'"^^
motive to be rung, at a distance of at least eighty rods
from the place where said railroad crosses such travelled
place, and it shall be kept ringing until the engine has
crossed such travelled place. Approved March 28, 1859.

An Act relative to horse and steam railroad crossings. Chap. 126

Be it enacted^ §'c., as follows :

Section 1. The provisions of the first section of the four toappiy^^^^ "°*
hundred and fifty-second chapter of the acts of eighteen
hundred and fifty-fiv^e, shall not apply to cases where a steam
railroad crosses a horse railroad at grade.

Section 2. Whenever any horse railroad crosses or is carsofuorserau-
crossed by any steam railroad at grade, it shall be the duty crossing! *'°^ *
of the driver of the car upon such horse railroad, when
approaching the point of intersection of said railroads, to
stop his car within one hundred feet of such railroad cross-
ing ; and for every violation of this act, the driver so ofFeiid-

17

294 1859.— Chapters 127, 128, 129, 130.

Penalty. ing shall forfeit and pay the sum of five dollars, and the

corporation on whose railroad such offence shall be com-
niitted, shall forfeit and pay the further sum of ten dollars.

Forfeitures. SECTION 3. All forfciturcs undcr this act, shall be recov-

ered and appropriated according to the provisions of the
second section of the four hundred and fifty-second chapter
of the acts of eighteen hundred and fifty-five.

Approved March 28, 1859.

Chap. 127 An Act to secure the payment of rents.

Be it enacted, Sfc, as follows :

house"*^ ^"'^"'°^' Debts for the rent of a dwelling-house, occupied by the
debtor or his family, shall be held to be claims for necessa-
ries, in all the courts of this Commonwealth.

Approved March 28, 1859.

Chap. 128

An Act relating to the division of water-rights.
Be it enacted, Sfc, as follows :
Chap. 74, acts of Uudcr the provisions of chapter seventy-four of the acts
of eighteen hundred and fifty-four, partition may be made
of the water of a natural stream not navigable, the banks
of which are owned by different riparian proprietors.

Approved March 28, 1859.

Chap. 129 An Act to repeal an act authorizing the courts to sentence

CERTAIN PERSONS TO THE HOSPITAL AT RAINSFORD ISLAND.

Be it enacted, ^c, as folloios:

issTrep^eared.^ "^ "^^^^ fifty-sccoud chaptcr of the acts of eighteen hundred
and fifty-five, authorizing the police and municipal courts of
the city of Boston to commit certain persons to the hospital
at Rainsford Island, is hereby repealed.

Approved March 28, 1859.

Chap. 130 An Act to protect cut beach, in the town of Gloucester.

Be it enacted, ^c, as follows :

Removal of sand. kSection 1. No pcrsoii shall Carry away or remove, by
p"ohfb- ^Sind or water, any sand, stones, gravel or dirt, from the
beach or upland lying south of and adjoining Western
Avenue, formerly Canal Street, in the town of Gloucester,
extending from the old fort to the upland of Benjamin K.
Hough and others, without permission first obtained from
the selectmen of said town of Gloucester, or from some per-
son or persons duly authorized by the selectmen of said town
to grant such permission.

Penalty. SECTION 2. Any pcrsou wlio shall offend against any of

the provisions of this act, shall forfeit and pay, for each

I without per-
mission
ited.

1859.— Chapter 131. 295

offence, a sum not exceeding twenty dollars, to be recovered
by complaint or indictment in any court of competent juris-
diction, one-half for the use of the complainant, the other
half for the use of said town of Gloucester.

Approved March 28, 1859.

Chap. 131

An Act rfxating to bail in criminal cases.
Be it enacted, ^c, as follows :

Bail in criminal cases, may exonerate themselves in the Ban may be dis-

i» 1 1 • charged.

lollowing manner :

First — Before the commencement of an action of scire By surrender be-
facias on the recognizance, they may surrender the principal ^°'^''^''°°-
into court.

Second — Before the commencement of such action, in the Before com-
manner provided in the act of eighteen hundred and fifty- und"er^™hap. 92,
one, chapter ninety-two. °^ ^^^^'

Third — After suit commenced, but before judgment on After commence-
scire facias, they may surrender the principal into court ; j^dgment"^^
but the court, in such case, may, at their discretion, exact
of the bail, payment of the whole or any portion of the costs
or penalty.

Foitrtli — After final judgment on the scire facias, ^^^^ 4ent &T^ ^"^^"
either before or after satisfaction of such judgment, the bail
may take and surrender the principal, in the manner pro-
vided by the act of eighteen hundred and fifty-one aforesaid,
or into court, and may tliereupon, as of right, sue out a writ
of review, and have such judgment revised and reversed,
in whole or in part, as justice may require : and the writ of
review shall be served by copy upon the attorney of the
Commonwealth, for the county or district in which such
court is to sit, fourteen days, at least, before the same is
returnable ; and the proceedings upon the trial and judg-
ment, in said review, shall conform to the provisions of the
act of eighteen hundred and fifty-two, chapter one hundred
and twenty-six.

FifUi — if, without fault on their part, but by reason of the if unabie to sur-
act of God, or of tlie government of the United States, or of IZt!" '"'"""'''''"
any State, or by sentence of the law, bail are unable to sur-
render the principal, they shall, on motion made, before
final judgment on the scire facias, be exonerated and dis-
charged by the court, with or without costs, as the court
may deem equitable: provided, always, that if the principal
shall have been surrendered by his bail, as above provided,
and bailed anew, such principal or his bail shall not have, a '

second time, any benefit of the provisions of this act.

Approved March 28, 1859.

296 1859.— Chapters 132, 133.

Chan 132 ^^ Act providing for the registration of surveys made in

"' ' LAYING OUT HIGHWAYS.

Be it enacted, §'c., as follows :

Description to be SECTION 1. Whenever a street, road or way shall here-

cierkToffice.'"^'^ after be laid out by the county commissioners of any county,
or the selectmen of any town, in this Commonwealth, the
said officers so laying out the same shall, after the same is
completed, cause a full and accurate description of the loca-
tion and bounds thereof, duly verified by their official signa-
tures, to be filed in the office of the clerk of the town or
towns within which the same may lie.

Clerk to make SECTION 2. It sliall bc tho duty of tlie clerk of any town
with whom such description is thus filed, to record the same,
or as much of the same as relates to roads located within
the limits of said town, within ten days thereafter, in a book
to be provided at the expense of the town, and kept exclu-
sively for such records ; the clerk's fees for recording to be
paid in like manner with the other expenses of locating and
building such road, street or way.

Erection of SECTION 8. Tlic bouuds crcctcd at thc tcrmini and auglcs

of all roads, shall either be such as are required by chapter
one hundred and ninety-two of the statutes of the year
eighteen hundred and forty-eight, or permanent stone bounds
not less than three feet in length, with holes drilled therein
and filled with lead, placed a few inches below the travelled
part of the road, street or way, as the officers whose duty it
is to cause the same to be erected, may determine.

Investigation of SECTION 4. Whenever ten or more freeholders, legal

bounds to be . . in . .

made upon rep- citizciis, sliall represent in writing, to the county commis-

resentation of ten . p , ,, i r' , • ^i •

or more freehold- sionci's 01 any couiity. Or the selectmen or any town in this
®'"^' Commonwealth, that the exact location and bounds of any

street, road or way, over which tliey respectively have juris-
diction, cannot readily be ascertained, it shall be their duty
to make investigation thereof, and if it shall appear that the
representation is correct, they shall, after giving similar
notice as is required in the laying out of roads or ways,
proceed to ascertain the correct location, and erect the nec-
essary bounds, and cause a certificate of the same to be duly
filed and recorded, and public notice thereof given, in like
manner as herein before required. Approved March 29, 1859.

Chap. 133 -^^ ■^'^'^ ^^ ESTABLISH THE SALARY OF THE SECOND CLERK IN THE
•^ OFFICE OF THE SECRETARY OF THE COMMONWEALTH.

Be it enacted, Sfc, as follows:

Salary- SECTION 1. The Salary of the second clerk in the office

of the secretary of the Commonwealth, shall be fourteen

1859.--CHAPTERS 134, 135. 297

hundred dollars per annum, to be computed from and after
the first day of January, in the year one thousand eight
hundred and fifty-nine.

Section 2. AH acts and parts of acts inconsistent here-
with, are hereby repealed. Approved March 29, 1859.

Chap. 134

An Act legalizing the proceedings and records of the pro-
prietors OF THE UNION MEETING-HOUSE IN WORCESTER.
Be it enacted, §'c., as follows:

The proceedings of the proprietors of the Union Meeting- Acts legalized.
House in Worcester, so far as relates to the sale and convey-
ance of the real estate of said proprietors, to the Union
Society, of Worcester ; and all the votes and records of said
proprietors, so far as the same relate to said sale and
conveyance of said real estate to said society, are hereby
legalized and confirmed ; and said Union Society in Worces- May borrow
ter is hereby authorized to borrow a sum or sums of money, ^°^^^'
sufiicient to pay the present or future indebtedness of said
Union Society in Worcester, and to secure said sum or sums
by a mortgage or mortgages on said real estate.

Approved March 29, 1859.

Chap. 135

An Act making appropriations to pay certain expenses of the

YEAR one thousand EIGHT HUNDRED AND FIFTY-EIGHT, AND

previous years.
Be it enacted, Sfc, as folloivs :

Section 1. The sums hereinafter mentioned are appro- Appropriations.
priated, and shall be allowed and paid out of the treasury i^ss, and pnor.
of the Commonwealth, upon tlie warrants of the governor,
to meet certain expenses belonging to the year one thousand
eight hundred and fifty-eight, and previous years ;

That is to say, for the year one thousand eight hundred
and fifty-eight, as follows, namely :

For books, ordered by the legislature, the sum of thirty- Books.
one dollars and fifty cents.

For stationery, ordered by the sergeant-at-arms, the sum stationery.
of one hundred and seventy-two dollars and ninety-seven
cents.

For printing, ordered by the sergeant-at-arms, the sum of Printing,
one hundred and ninety-two dollars ninety-eight cents.

For advertising for the legislature, a sum not exceeding Advertising.
seventy-five dollars.

For printing general laws, the sum of three hundred and Printing general
eighty-three dollars nineteen cents.

For extra clerk hire and incidentals in the auditor's office, Auditor's office.
the sum of one hundred and thirty dollars.

298

1859.— Chapter 135.

Insolvency
courts.

Attorney-gene-
ral's ofBce.

Insurance com-
missioners.

Bo.'ird of agricul-
ture.

Rainsford Island
Hospital.

State paupers.

Annuities, Mar-
tha Johonnot.

Superintendent
of aTien passen-
gers.

Adjutant-gene-
ral's office.

Militia bounty.

Military ac-
counts.

Criminal prose-
cutions.

Legislature and
council.

Insurance penal-
ties.

Council, compen-
sation.

Board of agricul-
ture.

For certain expenses of insolvency courts, the sum of six
hundred dollars.

For expenses of the attorney-general's office, for costs,
fees and court charges in civil cases in which the Common-
wealth was a party, and for printing briefs, a sum not
exceeding seventy-five dollars.

For compensation, mileage and expenses of the insurance
commissioners, a sum not exceeding five hundred dollars.

For expenses of the secretary of the board of agriculture,
the sum of seventy-two dollars forty cents.

For expenses of Rainsford Island Hospital, a sum not
exceeding one thousand two hundred dollars.

For the support and relief of state paupers, otherwise than
in the three almshouses and in the hospital at Rainsford
Island, a sum not exceeding eleven thousand five hundred
dollars.

For pensions, a cum not exceeding two hundred dollars.

For annuities due from the Commonwealth on account of
the obligations incurred by the acceptance of the bequests
of the late Martha Johonnot, the sum of one hundred
dollars.

For compensation and expenses of superintendent of alien
passengers, according to law, a sum not exceeding fifty
dollars.

For incidental expenses in the adjutant and quartermaster-
general's office, a sum not exceeding one hundred dollars.

For militia bounty, a sum not exceeding one thousand
eight hundred dollars.

For military accounts, a sum not exceeding two thousand
seven hundred dollars.

To reimburse the treasurers of the several counties, two-
thirds of the costs of criminal prosecutions, in the manner
prescribed by law, the sum of thirty-seven thousand five
hundred and fifty dollars.

Contingent expenses of the legislature and council, a sum
not exceedhig seven hundred dollars.

For the purpose of refunding insurance penalties, in
accordance with chapter one hundred and seventy of the
acts of the year one thousand eight hundred and fifty- eight,
the sum of four hundred and twenty-five dollars.

For mileage and compensation of the lieutenant governor
and council, a sum not exceeding seven hundred and one
dollars.

For incidental expenses of the board of agriculture, one
hundred and fifty dollars.

1859.— Chapter 135. 299

For travelling expenses of the members of the board of
agriculture, two hundred thirty-one dollars and eight cents.

For printing and binding the series of public documents, Printing pubuc
a sum not exceeding two thousand dollars. ocuments.

For repairs, improvements and furniture of the state state house.
house, a sum not exceeding one hundred dollars.

For the payment of the fees of counsel, for their services ^°q"°^^]^/° ^*'™-
in the suit of the Commonwealth against the city of Rox- Roxbury, &c.
bury and the town of West Roxbury, the sum of one thou-
sand three hundred and ten dollars seventy-six cents ; and commi^fioners
for the compensation of the commissioners on the Back Bay, °^ ""^ *^"
the sum of sixty-eight dollars : both these items to be paid
from the moiety of the proceeds of the sales of the Back
Bay lands, by law applicable to improvements.

For term reports, according to the resolve of the year one Term reports.
thousand eight hundred and eleven, chapter fifty-eight, and
subsequent resolves on that subject, the sum of seventy-six
dollars and seventy cents.

For the compensation and expenses of the joint special committee on
committee on public charitable institutions, appointed under stitut^ns^ "*"
chapter twenty-six of the resolves of the year one thousand
eight hundred and fifty-eight, a sum not exceeding three
hundred dollars.

For the year one thousand eight hundred and fifty-seven, i857.
and previous years, as follows, namely :

For militia bounty, a sum not exceeding one hundred Miiitia bounty.
dollars.

For military accounts, a sum not exceeding one hundred Accounts.
and seventy-five dollars.

For state printing, a sum not exceeding five hundred Printing,
dollars.

For newspaper accounts, a sum not exceeding one hun- Newspapers.
dred dollars.

For annuities due from the Commonwealth on account of t^'^'l^^'f-

,. . Til />ii J. Martha Johon-

the obligations incurred by the acceptance oi the bequests not.
of the late Martha Johonnot, two hundred dollars.

For sundry items of expenditure of the commissioners on onTvi'stoTof
the revision of the statutes, a sum not exceeding two hun- statutes.
dred and ten dollars.

For extra clerk hire in the treasurer's office, a sum not Treasurer's office.
exceeding two hundred dollars.

For amount of expenses of Rainsford Island Hospital, grpf^i"'^^'^'^
the sum of two hundred dollars.

For the legal expenses and counsel fees, incurred by to°"w.l'u.ne°''*
authority of the governor and council, in the defence of the

300 1859.— Chapters 136, 137.

case of Proctor versus Stone, a sum not exceeding one
hundred dollars.
ho^Td*"""^' Section 2, The appropriations made in this bill shall be
paid from the ordinary revenue, in all cases, except where a
different provision is herein made.

Section 3. This act shall take effect from and after its
passage. Approved March 31, 1859.

Chan 136 "^^ "^*^^ concerning school districts.

Be it enacted, Sfc, as follows :

turefl ^"school ^^ ^"^ scliool distHct shall neglect to organize by the
committee au- choico of officcrs, the iiiouey necessary for the hiring, erec-

thorized, iu case, ,. . i , ^ iii ,i-

&c. tion, repair or enlargement oi a school-house therein, may

be expended by order of the school committee, and upon
their certificate, shall be assessed upon the polls and estates
of the inhabitants of the district, and shall be collected like
other district taxes, and paid into the treasury of the city
or town. Approved March 31, 1859.

nh 1 OI-/ An Act concerning drains and sewers in the city op cam-

Be it enacted, Sj'c, as follows :

City council to SECTION 1. The citv council of the city of Cambridge
tefnlirneceTfa^y ^'^^J ^^J •> makc aiid maintain, in the said city, all such main
drains and sew- draius or commou sewers, through the lands of any persons
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.
Manner of pro- Se(^tion 2. Wheiicver any laiids or real estate shall be
takfng^of'reai takcu by virtuc of this act, the said city council shall pro-
estate, ceed, in the taking thereof, in the same manner, in all
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 suffering damage in their
property, by reason of the laying, making or maintaining of
any main drain or common sewer, as aforesaid, shall have
all the rights and remedies for the ascertainment and the
recoveiy 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 Cam-
bridge for public highways or streets.

Section 3. This act shall take effect upon it passage.

Approved March 31, 1839.

1859.— Chapters 138, 189. 30l

An Act CONCERNING THE POLICE COURT IN PITTSFIELD. Chmi 138

Be it enacted^ ^'f., as follows:

Chapter three hundred and ten of the acts of the year saiaiy of justice.
eighteen hundred and fifty, is hereby so amended, that the amended. ' "^ '
justice therein mentioned, is allowed to retain out of the
fees received by him, for his services as such justice, the
sum of six hundred dollars. Approved March 31, 1859.

An Act in relation to returns from jails and houses of cor- Chap. 139

RECTION.

Be it enacted, S<;c., as follows :

Section 1. The sheriffs and overseers of the houses of ^°/™ of annual

returns to the

correction of the several counties shall, annually, on or be- secretary of the
fore the fifteenth day of October, make out and transmit to °'^™°""'^''
the secretary of the Commonwealth, a return concerning
the jails and houses of correction, for the year ending on
the last day of September preceding, which return shall
contain full and true answers to the following inquiries :

Number of prisoners in jail October first.
Number committed during the year.
Number of males.
Number of females. '
Number of adults.
Number of minors.
Number of whites.
Number of colored.
Number of natives of this State.
Number of natives of other States.
Number of natives of other countries.
Number who cannot read nor write.

Number of natives of Massachusetts who cannot read nor write.
Number who have been married.
Number who have been intemperate.
Number who have been in prison before.
Number committed as insane.
Number committed for debt.
Number committed as witnesses.
Number committed for trial or examination.
Number sentenced for murder.
Number sentenced for manslaughter.
Number sentenced for setting tires.
Number sentenced for robbery.
Number sentenced for rape.
Number sentenced for attempts at rape.
Number sentenced for adultery.
Number sentenced for lewd conduct.
Number sentenced for assault.
Number sentenced for burglary.
Number sentenced for perjury.
Number sentenced for forgeiy.
18

302 1859.— Chapter 139.

Number sentenced for larceny.

Number sentenced for making or passing counterfeit money.

Number sentenced for drunkenness.

Number sentenced as common drunkards.

Number sentenced for violation of liquor law.

Number sentenced for keeping houses of ill -fame.

Number sentenced for all other offences.

Number discharged by writ of habeas corpus.

Number discharged by being recognized or bailed.

Number discharged by payment of fines and costs.

Number discharged by expiration of sentence.

Number discharged as poor convicts, unable to j)ay fines and costs.

Number transferred to other jails for trial.

Number sent to court and not retui'ned.

Number executed.

Number sent to the state prison.

Number sent to the house of correction.

Number sent to the state reform school.

Number escaped and not retaken.

Number of debtors discharged on payment of debt.

Number discharged by taking poor debtor's oath.

Number discharged by order of creditor.

Number of witnesses discharged.

Number of prisoners that died.

Number discharged by processes not specified above.

Number remaining in confinement September thirtieth.

Amount expended for provisions.

Amount expended for clothing.

Amount expended for fuel.

Amount expended for light.

Amount expended for medicines.

Amount expended for medical attendance.

Amount expended for beds and bedding.

Amount expended for instruction.

Amount of allowance to discharged prisoners.

Amount of allowance to witnesses.

Amount of officers' salaries.

Amount of expenses of all kinds.

Average number of prisoners.

Value of the labor of prisoners.

HOUSES OF CORRECTION.

Number in confinement Octobe r first.

Number committed during the year.

Number of males.

Number of females.

Number of adults.

Number of minors.

Number of whites.

Number of colored.

Number of natives of this State.

Number of natives of other States.

Number of natives of other countries.

Number who cannot read nor write.

Number of natives of Massachusetts who cannot read nor write.

Number who have been married.

1859.— Chapter 139. 303

Number who have been intemperate.

Number who were insane when committed.

Number who became insane in prison.

Number who have been in prison before.

Number committed for adultery.

Number committed for lewd conduct.

Number committed for keeping houses of ill-fame.

Number committed for assault.

Number committed for violation of liquor law.

Number committed for drunkenness.

Number committed as common drunkards.

Number committed for larceny.

Number committed for vagrancy.

Number committed for all other offences.

Number discharged on expiration of sentence.

Number discharged on payment of fines and costs.

Number discharged as poor convicts, unable to pay fines and costs.

Number discharged on habeas corpus.

Number discharged on account of sickness.

Number discharged on account of insanity.

Number discharged by order of overseers.

Number escaped and not retaken.

Number that have died.

Number discharged by processes not specified above.

Number remaining in confinement September thirtieth.

Amount expended for provisions.

Amount expended for clothing.

Amount expended for fuel.

Amount expended for light.

Amount expended for medicines.

Amount expended for medical attendance.

Amount expended for beds and bedding.

Amount expended for instruction.

Amount of alloAvance to discharged prisoners.

Amount of officers' salaries.

Amount of expenses of all kinds.

Average number of prisoners.

Value of labor of prisoners.

Section 2. The secretary of the Commonwealth shall, secretary to fur-
in the month of September annually, furnish the sheriffs and returns, and pub-
overseers of the houses of correction in the several counties, ^'*'' ''''^''''''=*-
with blank forms of returns, which shall contain the fore-
going interrogatories, and a copy of the two following sec-
tions of this act, and shall, as soon as practicable after the
fifteenth day of October of each year, make out an abstract
of the returns made to him, with such explanatory remarks
as he may deem proper, and cause the same to be printed
for the use of the legislature.

Section 3. If the sheriff of any county, or the overseer Penalty for omit-
of any house of correction, shall refuse or neglect to make turn.*° '^"^^ ^^
any of the returns aforesaid, he shall forfeit the sum of one
hundred dollars.

304: 1859.— Chapter 140.

Secretary to no- SECTION 4. It sliall be tliG diitj of tliG sccretarj of tlie

ney, who shau Common Wealth, as soon as he shall find that the sheriff of

prosecute. ^^^^ countj, or the overseer of any house of correction, is

liable to the fine imposed npon them by the third section of

this act, forthwith to notify the district-attorney for the

district in which said sheriff or overseer may reside, and he

shall immediately bring a complaint against said sheriff or

overseer ; and all fines and forfeitures so recovered shall be

applied for the relief of discharged convicts in said county.

Calendar and SECTION 5. This act shall takc cffect upon its passage ;

prison-book, m . , . , ipi

jails and houses aftcr wliicli timc thc calendar and prison-book of the several

of correction, hovT ..i -, ■, p ,. in 11 ,• 1

to be kept. jails and liouses of correction shall be keptm such a manner
that true answers can be made to the interrogatories pro-
pounded by this act ; and any jailer or master of a house of
correction, or other person having charge thereof, who shall
fail or neglect to keep such a calendar and prison-book, as
aforesaid, and to enter under the proper heads upon said
calendar, true answers to all the questions in section first,
relating to the prisoners, and upon the prison-book a classi-
fied account of all purchases for the support of the institu-
tion, (said account to be itemized as follows: first, cost of
provisions for the prisoners, including such portion of the
same as may be consumed by the family of tlie jailer or
master of the house of correction ; second, cost of clothing ;
third, cost of beds and bedding ; fourth, cost of medicines ;
fifth, cost of medical attendance ; sixth, cost of instruction,
religious or otherwise ; seventh, cost of fuel ; eighth, cost of
light ; ninth, allowance to discharged prisoners ; tenth,

Penalty for neg- allowaiicc to witiicsses ill moucy or clothing ; ) shall forfeit

lectngto eep. ^^^^ huudrcd dollars for such neglect or refusal, to be
recovered by the county commissioners, in any competent
court in this Commonwealth ; said forfeiture to be expended
for the relief of discharged prisoners, in the county where
said fine is recovered.

Repeal. SECTION 6. All acts or parts of acts inconsistent with

this act are hereby repealed. Approved March 31, 1859.

Chap. 140 -^^ ■^^'^ '^^ ^^^ '^^^ TIME OF THE ANNUAL MEETING OF THE WORCES-
■* ' TER COUNTY INSTITUTION FOR SAVINGS.

Be it enacted, ^"c, as follows :

Time for annual SECTION 1. Thc auuual mectiug of the Worcester County
Institution for Savings, shall be held on the first Wednesday
evening in April, or at such other time in said month, as the
trustees of said institution shall direct.

Repeal. SECTION 2. All acts and parts of acts inconsistent here-

with, are hereby repealed.

Section 3. This act shall take effect upon its passage.

Approved March 31, 1859.

1859.— Chapters 141, 142, 143 305

An Act to incorporate the boston iv^echanical bakery com- {JJiQ^y, \4:\

PANY. "'

Be it enacted, §'c., as follows :

Section 1. Joseph G. Russell, William B. Phelps and corporators.
Augustus 0. Brewster, their associates and successors, are
hereby made a corporation, by the name of the Boston Name.
Mechanical Bakery Company, for the purpose of manufac- Purpose.
turing bread in the city of Boston, in the county of Suf- Location,
folk ; with all the powers and privileges, and subiect to all Privileges, re-

* * * strictious &c

the duties, restrictions and liabilities, set forth in the thirty-
eighth and forty -fourth chapters of the Revised Statutes.

Section 2. The said corporation may hold real and ^g^tatrSo'ooo!
personal estate necessary and convenient for the purpose
aforesaid, not exceeding in amount two hundred thousand
dollars : provided^ that no shares in the capital stock of said p™^'""-
corporation shall be issued for a less sum or amount, than
the par value of the shares which shall be first issued.

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

passage. Approved April 1, 1859.

An Act exempting certain articles from execution. Chap. 142

Be it enacted, Sfc, as follows:

The boat, fishing-tackle and nets of fishermen, actually boaTnlt°° &c^
used by them in the prosecution of tlieir business, shall be of fisiiermen.
exempted from execution to the amount of one hundred
dollars. Approved April 1, 1859.

An Act in addition to the several acts concerning special QJidj), 143

ADMINISTRATORS. "^

Be it enacted, §'c., as follows:

Section 1. Whenever by reason of a suit concerning Allowance may

1 f n .111 1111 11 .ji !_• I- be made to Widow

the prooi oi a will, there shall be delay m the granting oi and children dur-
letters testamentary or of administration, and a special ^°|^ p^^'^ency o
administrator shall be appointed, with authority, under the
provisions of the sixth sections of the sixty-fourth chapter
of the Revised Statutes, and of the one liundred and twenty-
second chapter of the statutes of eighteen hundred and
fifty-eight, to collect and preserve the effects of the deceased,
and to take charge of his real estate and collect the rents
thereof, an allowance by way of advance may be made out
of the income of the personal or the rents of the real estate,
for the support of the widow and children of the deceased,
during the pendency of such suit.

Section 2. The allowance shall be made upon the peti- Petition and
tion of the widow or children, or either or any of them, and
after notice to all parties interested in the estate, by the

306 1859.— Chapter 144.

judge of probate and insolvency for the county where such
suit is pending.
Limitation of SECTION 3. Such allowauce shall, in all cases, be limited

a owance. ^^ sucli portiou of the iucomc of the personal, and of the

rents of the real estate, as the petitioner would be entitled
to receive, wliether the will were admitted to probate or not.
Appeal from the SECTION 4. Ally appeal from the granting or refusal to
refusaT^""^ grant such allowance, may be heard summarily by any one
of the justices of the supreme judicial court, in term time
or in vacation ; any question of law arising on such appeal
being reserved for the whole court.
Hearing, not to SECTION 5. Thc hearing of an appeal from a decree
preveu . niaklng such allowance for the support of the widow or

children, shall not prevent the payment of the sum or sums
Proviso. so ordered : provided, the petitioner shall give to the special

administrator a bond, with one or more sureties, to be
approved by the judge of probate and insolvency, with con-
dition to repay to the special administrator the sum or sums
so allowed, if the decree for allowance should be reversed
by the supreme court.
Funeral expenses SECTION 6. Spccial admiiiistratoi's may, upon leave for
that purpose first had and obtained from the judge of probate
and insolvency, pay out of tlie personal estate in their hands,
the necessary funeral expenses of the deceased, and those of
his last sickness.

Section 7. This act shall take effect from and after its
passage. Approved April 1, 1859.

Chew 144 ^^ ^^^ ^^ INCORPORATE THE CLIFTONDALE RAILROAD COMPANY.

Be it enacted, cVc, as follows :

Corporators. Section 1. Joscph C. Robcrts, James M. Stone and

Edward Healey, their associates and successors, are hereby
Name. uiadc a corporatiou by the name of the Cliftondale Railroad

Power to con- Company, with power to construct, maintain and use, a rail-
way or railways, witli convenient single or double tracks, from
such point or points in the town of Saugus as shall be fixed
by the selectmen of the said town, witli tlie assent, in writing,
of said corporation, filed with said selectmen, and upon and
over such of the streets and highways of said town as shall be,
from time time, fixed and determined by said selectmen, with
the assent in writing of said corporation, filed as aforesaid, to
the intersection of the same with the streets and higliways of
the town of North Chelsea, and of the town of Maiden, and
then upon and over such of the streets and highways of the
towns of North Chelsea and Maiden and the city of Chelsea, as
shall be, from time to time, fixed and determined by the select-

struct railway.

1859.— CHArTER 144. 307

men of said towns, respectively, within the limits of their
respective towns, and by the mayor and aldermen of said
city, within the limits thereof, with the assent in writing of
said corporation, filed with the selectmen of said towns, or
the mayor and aldermen of said city, respectively, by whom
said streets and liighways shall be fixed and determined as
aforesaid, and also over and upon such other land in said
towns, as said corporation may elect to build their road or
roads upon and over, to some convenient point of intersec-
tion, in tlie town of Maiden, with the railroad of the Maiden
and Melrose Railroad Company, such point of intersection
to be fixed by the selectmen of said town of Maiden ; or said
corporation, if they so elect, instead of intersecting with the
railroad of said Maiden and Melrose Railroad Company, may
proceed, as herein before provided, to some convenient point
of intersection with the railroad of the Boston and Chelsea
Railroad Company, or to some convenient point of intersection
with any other railroad, which may hereafter be constructed,
and connected with the railroad of said Boston and Chelsea
Railroad Company, such point of intersection, in either case,
to be fixed by the mayor and aldermen of the city of Chelsea,
if it shall be in said city, or by the selectmen of the town of
North Chelsea, if it sliall be in said town ; and said corpora-
tion may extend their aforesaid railway, and maintain and
use the same, from such point in the town of Saugus as
shall be fixed by the selectmen of said town, with the assent
in writing of said corporation, filed with said selectmen, upon
and over such streets and highways in said town, as shall
be, from time to time, fixed and determined by said select-
men, with the assent in writing of said corporation, filed
with said said selectmen, to the intersection of the same with
the streets and highways of the city of Lynn, thence upon
and over such of the streets and highways of said city, 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, filed with said mayor and aldermen ; and Tracks, how laid.
all tracks of said railroad shall be laid at such distances from
the sidewalks in said towns and cities, as the selectmen of
said towns, and the mayor and aldermen of said cities shall,
respectively, within the limits of their several jurisdictions,
in their orders fixing the routes of said railroad, determine
to be for the public safety and convenience. Before the Notice to abut-
location or construction of any track in any street or high- *®''^-
way, as aforesaid, in any of said towns or cities, the select-
men of any said town, and the mayor and aldermen of any
said city sliall give notice to the abutters tliereon, fourteen

308

1859.— Chapter 144.

May use
tracks.

Horse-power
only.

days at least, before the location of any such track, by pub-
lication in such newspaper as said selectmen, or said mayor

Rates of fare. and aldermcu, shall determine. And said corporation shall
have power to fix, from time to time, such rates of compen-
sation for transporting 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,
ot'ier Section 2. The corporation hereby created, may enter
upon and use the tracks of the Maiden and Melrose Railroad
Company, and the tracks of the Middlesex Railroad Company,
and the tracks of the Boston and Chelsea Railroad Company,
and also the tracks of any other railroad, company, with
which the said Cliftondale Railroad Company is by this act
authorized to intersect, in such mode, and upon such rates
of compensation as may be agreed upon ; or, in case of disa-
greement with either of said companies, such mode and rates
shall be fixed by three commissioners, to be appointed by
the supreme judicial court, the expenses of said commission-
ers to be paid by said Cliftondale Railroad Corporation.

Section 3. Said tracks or roads shall be operated and
used by said corporation with horse-power only ; and the
selectmen of said towns, and the mayor 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 the
tracks, as the public convenience and safety may require,
within the limits of their respective corporations.

Repairs, &c. SECTION 4. Said corporatiou shall keep and maintain in

repair, such portion of the streets 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 cities, by reason of such
defect or want of repair, said corporation shall be liable to
pay to such towns or cities respectively, or either of them,
any sums thus recovered against them, together with all
costs and reasonable expenditures incurred by them respec-
tively, in 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 occupied by said road
or tracks.

Section 5. If any person shall wilfully and maliciously
obstruct said corporation in the use of said road or tracks,
or the passing of the cars or carriages of said corporation

Penalty for ob-
Btructing tracks.

1859.— Chapter 144. 309

thereon, such 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.

Section 6. If said corporation, or its agents or servants, Penalty for ob-
shall wilfully and maliciously obstruct any highway, or the tly!"""^ '^ "
passing of any carriages over the same, such corporation
shall be punislied by a fine not exceeding five hundred
dollars.

Section 7. The capital stock of said corporation shall ^i^o'ooo'"''''
not exceed one hundred and fifty thousand dollars, to be stares $ioo.
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.

Section 8. Said corporation shall have power to purchase May hoid real

and hold such real estate within said towns and cities, or
either of them, as may be convenient or necessary for the
purposes and management of said road.

Section 9. Said corporation is hereby authorized to May issue bonds.
issue bonds for the purpose of constructing or equipping
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 autho-
rized by law to issue bonds.

Section 10. The said road shall be constructed and Grade of road.
maintained in such form and manner, and upon such grade,
as the selectmen of said towns, or the mayor and aldermen
of said cities, respectively, 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 : provided, the same shall be Proviso,
assented to by the selectmen of the town, or the mayor and
aldermen of the city, within which such alteration is to be
made.

Section 11. Nothing in this act shall be construed to Act not to pre-
prevent the selectmen of either of said towns, or the mayor &«"!
and aldermen of either of said cities, from entering upon,
and taking up any of the public streets or bridges, traversed
by said railroad, for any purpose for which tliey may now
lawfully take up the same.

19

310

1859.— Chapters 145, 146.

Act void, unless. SECTION 12. Tliis act sliall be void, so far as relates to
the right to construct said road in either of said towns and
cities, unless the same shall be accepted by the selectmen of
such town, or the mayor and aldermen of such city, respec-
tively, and unless said railroad shall be constructed tlierein
on or before the first day of November, in the year eighteen
hundred and sixty ; and unless this act shall be accepted by
said corporation, and ten per cent, of the capital stock
thereof shall be paid in, within one year from the passage
of this act.

Returns. SECTION 13. Said corporatiou shall be deemed a railroad

corporation, so far as to be subject to make sucli annual
returns to the legislature as are, or may be, prescribed by
law ; and also so far as to be subject to all existing provisions
of law for tlie assessment and payment of damages for the
land, outside of the streets, taken by them for their tracks,
but not to the other general provisions of law in relation to
railroad corporations. Approved April 1, 1859.

Damages for
laud.

Chap. 145

Corporators.

Name.
Purpose.

Privileges, re-
strictions, &c.

Real and person-
al estate $4,000.

Chap. 146

Act of 1856
amended as to
form of return.

An Act to incorporate the highland agricultural society.
Be it enacted, ^r., as follows:

Matthew Smith, Hiram Taylor, Charles Wright, their
associates and successors, of Hampshire, Berkshire and
Hampden counties, are hereby made a corporation, under
the name of the Highland Agricultural Society, for the
encouragement of agriculture and the mechanic arts, by
premiums and other means, in the town of Middlefield, in
the county of Hampshire ; with all the powers and privileges,
and subject to all the duties, liabilities and restrictions, set
forth in the forty-second and forty-fourth chapters of the
Revised Statutes, and in all subsequent acts concerning
agricultural societies: and said corporation may hold and
manage real estate not exceeding in value two thousand
dollars, and personal estate not exceeding the same sum,
for the purposes aforesaid, any provisions of law to the
contrary notwithstanding. Approved April 1, 1859.

An Act in addition to an act concerning insurance companies.

Be it enacted, Sfc, as folloios :

The questions in schedule D, chapter two liundred and
fifty-two of the acts of the year one thousand eight hundred
and fifty-six, from five to nine, inclusive, are hereby stricken
out, and the following is inserted after the question num-
bered nineteen, to wit :

State in the blanks herewith enclosed, the distinctive
number, date and amount of each outstanding policy, not

1859.— Chapters 147, 148. 311

heretofore returned, and the age of the party or parties
insured thereby at the said date. Also state, by number,
date, amount and age of the insured, what policies, whether
heretofore returned, or issued during the year, have within
the year ceased to be in force, specifying wliether they have
terminated by death, surrender or forfeiture from non-pay-
ment of premium, and what, if any thing, has been paid in
each case to the legal holder of the policy.

Appi-ovecl April 1, 1859.

An Act to authorize the filling up flats, and building a sea Chap. 147

WALL NEAR THE MASSACHUSETTS GENERAL HOSPITAL.

fie it enacted, ^^c, as follows:

The Massachusetts General Hospital, and Eliza A. Park- f'ertain parties

T/^ -nT-»i authorized to

man, Harriette E. Parkman and George F. Parkman, execu- buiid sea-waii,

&C

tors of, and devisees under the will of the late George
Parkman, deceased, and Joseph Noble and John B. Kettell,
trustees, are hereby severally authorized to build and main-
tain a sea wall upon their flats lying west of North Charles
Street in the city of Boston, not to extend said sea wall
beyond the " commissioners' line," so called, as now estab-
lished by law, and to hll up and make solid their several
parcels of flats lying between their several parcels of upland
and the said " commissioners' line," and to lay vessels along
said wall so authorized to be built as aforesaid, and to take
dockage and wharfage therefor : provided, however, that the Proviso,
grantees above named shall first pay to the treasurer of the
Commonwealth such sums of money as the governor and
council shall determine, as payment for any flats and rights
in tide water belonging to the Commonwealth, if any, taken
or filled up under the provisions of this act.

Approved April 1, 1859.

An Act establishing the compensation of bank commissioners. Chap. 148
Be it enacted, ^'c, as follows :

Section 1. Each bank commissioner shall receive a salary saiary.
of two thousand dollars per annum, and also his travelling
expenses while in the performance of the duties of his office,
to be paid in equal quarterly payments, from and after the
first day of January of the current year.

Section 2. So much of the ninth section of chapter one Repeal,
hundred and twenty-seven of the statutes of the year one
thousand eight hundred and fiftj-one, as is inconsistent with
this act, is hereby repealed.

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

passage. Approved April 1, 1859.

established.

312 1859.— Chapters 149, 150.

Chan 149 '^^ ^^^ ^^ alter the bound aky line between the towns of

^ ' holliston and milford.

Be it enacted, ^'c, as follows :

Boundary line TliG dividiiiff liiiG betwecii the towns of Milford and Hoi-

liston shall be altered, and shall hereafter be established, as

follows, to wit : beginning at a point on the line between the

towns of Holliston and Hopkinton, sixty-fonr rods easterly

from the north-west corner bound of Holliston, and running

southerly, until it comes to a point on the line between the

towns of Holliston and Milford, one hundred and thirty-two

rods and fifteen links easterly from the south-west corner

bound of Holliston ; and that part of Holliston which lies

west of the above described line shall hereafter be annexed

Not to effect ap- to and bcloug to the town of Milford : provided^ that this act

representatives, shall uot atfcct tliG prcscut apportionment of senators or

^'^' representatives to the general court, or of any other state or

United States officers ; but all persons upon said annexed

territory shall continue to vote as now provided by law, until

a new apportionment shall be made.

Approved April 1, 1859.

Chan, 150 -^ -^^^ ^^ ^^'^ ^^^ CERTAIN persons, WITH THEIR POLLS AND
■^' ESTATES, FROM THE DISTRICT OF MARSHPEE TO THE TOWN OF

SANDWICH.

Be it enacted, ^'c, as folloivs :

Names of persons SECTION 1. ElHs Howlaud, Tlioiiias T. Howlaud, Solouiou C.
Howland, Thomas Goodspeed, Henry W. Goodspeed, Luther
Goodspeed, Oliver Harlow, Andrew Harlow, Thomas C. Har-
low, Edwin M. Jones, Ezra S. Jones and Ebenezer C. Jones,
within the limits of the district of Marshpee, in the county
of Barnstable, with their polls and estates lying within said
district, and including that tract of land lying between the
estates of the above named Thomas Goodspeed and Ezra S.
Jones, known as a part of the Bourne Purchase, owned by
persons not proprietors of, nor resident within, said district,
are hereby set off from the district of Marshpee aforesaid,
and annexed to the town of Sandwich, in said county of
Barnstable ; and the said Ellis Howland, Thomas T. How-
land, Solomon C. Howland, Thomas Goodspeed, Henry W.
Goodspeed, Luther Goodspeed, Oliver Harlow, Andrew
Harlow, Thomas C. Harlow, Edwin M. Jones, Ezra S.
Jones and Ebenezer C. Jones, shall be entitled, from and
after the passage of this act, to all the rights and privileges
Rights and privi- of inhabitants of the town of Sandwich aforesaid ; reserving,
iu^certain'pond^ ncverthelcss, to the said district of Marshpee, all rights and
reserved. privilcgcs iu Wakcbj and Marshpee Ponds, and to the regu-

lation and control of the fisheries therein.

1859.— Chapters 151, 152. 313

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

passage. Approved April 1, 1859.

An Act to incorporate the groton junction hotel company. Chap. 151

Be it enacted, Sec, as follows :

Section 1. Abel Prescott, Harvey A. Woods, Levi W. corporators.
Woods, Stephen Roberts and Levi W. Phelps, their asso-
ciates and successors, are hereby made a corporation by the Name.
name of the Groton Junction Hotel Company, for the pur- purpose.
pose of erecting a hotel in the town of Groton, at Groton Location.
Junction, so called, and maintaining such public house, and
the buildings and improvements connected therewith ; and Privileges, re-
for these purposes 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 :
provided, that said corporation shall not carry on tlie busi- Proviso,
ness of hotel-keeping, or be in any way interested in such
business.

Section 2. The whole amount of real and personal Real and person-
estate or capital stock which said corporation may liold for ^^ **''^*® si5,ooo.
the purposes aforesaid, shall not exceed fifteen thousand
dollars.

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

passage. Approved April 1, 1859.

An Act to incorporate the rollstone insurance company. Chap. 152
Be it enacted, Sec, as follows :

Section 1. Alvah Crocker, Moses Wood, Otis Daniell, corporators.
their associates and successors, are hereby made a corpora- Name.
tion by the name of the Rollstone Insurance Company, in Location.
the town of Fitchburg, for the purpose of making insurance Purpose,
against losses by fire ; with all the powers and privileges. Privileges, re-
and subject to all the duties, restrictions and liabilities, set s*™""^'*' *'''•
forth, or which may be hereafter set forth, in the general
laws of this Commonwealth, relating to fire insurance com-
panies with specific capital.

Section 2. The capital stock of said company shall be *^*Pl'£n°;?nnr^'

1 1 1 ii 1 1 11 -11 • -1 /. • ceed 11200,000.

one hundred thousand dollars, with the privilege ot increas-
ing the same to two hundred thousand dollars, by the vote
of a majority of the stockholders, at any legal meeting called
for that purpose, and shall be divided into shares of one shares $ioo.
hundred dollars each, and shall be collected and paid in in
such instalments as the president and directors of said com-
pany shall order and appoint.

Section 3. Said corporation may commence business Reai estate
when fifty thousand dollars are paid in ; and may hold real *^'^°*^'
estate for its own use, not exceeding five thousand dollars.

314 1859.— Chapters 153, 154.

Section 4. This act shall take effect from and after its

passage. Approved April 1, 1859.

Chap. 153 -^^ -^^"^ "^^ INCORPORATE THE NORTHAMPTON FIRE INSURANCE

COMPANY.

Be it enacted, Sfc, as follows :
Corporators. SECTION 1. Benjamin Barrett, William Clark, Silas M.

Smith, Luther I. Wasliburn, Haynes K. Starkweather, Jr.,
Name. their associates, successors and assigns, are hereby made a

corporation by the name of the Northampton Fire Insurance
Location. Company, to be established in the town of Northampton and

Purpose. county of Hampshire, for the purpose of making insurance

Privileges, re- agalust losscs by fire ; with all the powers and privileges,
strictions, &c. j^j^^j subject to all the duties, liabilities and restrictions, set
forth in any and all statutes or general laws of this Com-
monwealth which are now or may hereafter be in force rela-
tive to insurance companies.
c^e?d'lioo.fioo.^^' Section 2. The said corporation shall have a capital
Shares $100. stock of fifty thousaud dollars, divided into shares of one
hundred dollars each, with liberty to pay in and increase
the same to an amount not exceeding one hundred thousand
Real and per-jonai doUars, and to liold real and personal estate for its use, not

estate, $10,000. i- x j_i inn

exceeding ten thousand dollars. Approved April 1, 1859.

Chap, 154 Ax Act TO increase the school fund and to grant aid to

THE museum of COMPARATIVE ZOOLOGY, TUFTS, WILLIAMS AND
AMHERST COLLEGES, AND THE WESLEYAN ACADEMY AT WU.RRA-
HAM, OUT OF THE PROCEEDS OF THE SALES OF BACK BAY LANDS.

Be it enacted, ^c, as folloivs :

Moiety of "Bay Section 1. Thc avails of the sales of lands belonging to
how appropriated the Commonwcalth in the Back Bay, shall be paid into the
andmvosted. trcasury, to be held, invested and applied in accordance
witli the provisions of the resolves of the year one thousand
eight hundred and fifty-seven, chapter seventy ; and the
moiety of such avails, which, by the provisions of said
chapter, inures immediately to the use of the Common-
wealth, and which by the ninety-sixth chapter of the statutes
of the year one thousand eight hundred and fifty-eight, is
styled the " Bay Lands Fund," shall be held, inves'ted and
appropriated, as follows, that is to say:
Redemption of X. Thc wliolc of sucli moictv, uutil the sum of three

certain scrip. nii ttii iiii t- -\ c

hundred thousand dollars shall have been so disposed oi,
shall be employed for the redemption of the scrip of the
Commonwealth issued in the year one thousand eight hun-
dred and fifty-six, in accordance with the provisions of the
third section of chapter two hundi'ed and thirty-five of the
acts of that year.

1859.— Chapter 154. 315

II. After such sum of three hundred thousand dollars increase of school
shall have been received into the treasury, one-half of the T '
avails of the sales of such moiety, shall, as fast as received, 1

be added to the Massachusetts School Fund, for the purpose i
of increasing the jjriiicipal sum thereof.

III. The remaining avails of such moiety, shall, after Remainder of
being received into the treasury, be distributed upon the uibuTed!"^^^'
first day of August in each year, among the institutions
hereinafter named, in the proportions following, that is to

say:

1. Twenty per centum of the avails of such moiety shall Museum of com-

■\ • ^ \ • n 1 paratirc Zoology.

be paid to such persons as may at the present session of the
legislature, be incorporated as the " Trustees of the Museum
of Comparative Zoology," such payments not to exceed, in
the aggregate, the sum of one hundred thousand dollars.

2. Twelve per centum of the avails of such moiety shall Tufts college.
be paid to the treasurer of the trustees of Tufts College,

upon the order of the trustees ; such payments not to
exceed, in the aggregate, the sum of fifty thousand dollars.

3. Six per centum of the avails of such moiety shall be wiiuams coiiege.
paid to the treasurer of the corporation of Williams College,

upon the order of said corporation ; such payments not to
exceed, in the aggregate, the sum of twenty-five thousand
dollars.

4. Six per centum of the avails of such moiety shall be Amherst college.
paid to the treasurer of the corporation of Amherst College,

upon the order of the corporation ; such payments not to
exceed, in the aggregate, the sum of twenty-five thousand
dollars.

5. Six per centum of the avails of such moiety shall be wesieyan Acad-
paid to the treasurer of the corporation of the Wesieyan ^"°^'
Academy, in Wilbraham, upon the order of the corporation ;

such payments not to exceed, in the aggregate, the sum of
twenty-five thousand dollars.

Section 2. No payment as aforesaid, shall be made to subscriptions to
either of the before named institutions, unless, before the free scholarships
time for each payment, it shall be made to appear to the fore^payme'nt^of
satisfaction of the governor and council, that there has been appropriations.
secured by subscription in aid of such institution, in cash,
or bonds of unquestionable security, an amount equal to
the amount then to be paid to such institution, according to
the terms of this act, nor to either of the institutions here-
inafter named, unless there shall have been established in
such institutions, the number of free scholarships set against
their respective names, that is to say:

In Williams College, three free scholarships.

vision for furtliejr
increase. j

316 1859.— Chapter 155.

In Tiiffes College, three free scholarships.
In Amherst College, three free scholarships.
Free scholar- The aforesaid free scholarships shall be under the control
twued^"'^*'""" of the board of education, and may be filled and managed
in such mode as now is, or may hereafter be provided by
law, for the regulation of all free scholarships established
by the Commonwealth.
sciiooifund:prcj- SECTION 8. All thc avalls of the moiety of the sales of
the public lands, which, by the provisions of the seven-
tieth chapter of the resolves of the year one thousand eight
j hundred and fifty-seven, inure immediately to the use of
\ the Commonwealth, and the distribution of which is not
otherwise provided for in this act, shall be added to the
principal of the Massachusetts School Fund.
Fund for support SECTION 4. The sum of ouc luindrcd thousand dollars
and'^bridges.""^ ^ shall be rcscrvcd, by the commissioners of the Back Bay, out
of the moiety of the avails of the sales of lands, which, by
the resolves of the year one thousand eight hundred and
fifty-seven, chapter seventy, may be drawn upon for the pur-
poses of improvement, as set forth in said chapter ; and the
same shall be invested as a fund, the income whereof shall
be appropriated to the support of the roads and bridges,
which the Commonwealth has become bound to support by
its contracts in regard to said Back Bay : and if, before the
first payment shall be made to any institution of learning
agreeably to this act, it shall be made to appear, to the
satisfaction of the governor and council, that such amount
cannot be spared from the moiety of the avails of such lands,
subject to be drawn upon in favor of said commissioners,
then the same may be reserved out of the other moiety of
the avails of the sales of said lands, after payment of the
sum of three hundred thousand dollars, as provided for in
section first.

Section 5. This act shall take effect from and after its

passage, Apj^roved April 2, 1859.

Chap. 155 -^ -^^^ RELATING TO THE REPORTS OF THE WARDEN AND INSPEC-
TORS OF THE STATE PRISON.

Be it enacted, ^-c, as follows :

Mr^'Tc""^^' °^' ^^^ ^^^^ yearly reports made by the warden and inspectors
of the state prison to the legislature, there shall be given
the name of the contractors in said prison, the business in
which he is engaged, the number of convicts he employs,
the price paid them per day, the yearly amount of their
earnings, together with a list of the officers in said prison,
with their individual salaries, number of volumes in the

1859.— Chapter 156. 317

library, and the cost of each addition to, or changes made
in the prison bnildings during the year.

Approved April 2, 1859.

An Act to establish as a highway a part of the turnpike (JJiap. 156

ROAD FROM CAMBRIDGE TO WATERTOWN.

Be it enacted, §"c., as follows :

Section 1. The supreme judicial court, sitting for the fX™ay'^''apl
counties of Middlesex or Suifblk, or any justice thereof, in point commis-
vacation, are hereby authorized and empowered to appoint iis°h highway. ^
three suitable commissioners, not inhabitants of said county
of Middlesex, whose duty it shall be, on the petition of any
person or persons interested, to lay out and establish as a
highway, so much of the turnpike road from Cambridge to
Watertown, authorized by an act passed 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," and
crossing Charles River by two bridges, the one between
Cambridge and Brighton, and the other between Brighton
and Watertown, as lies within the limits of the said towns
of Brighton and Watertown.

Section 2. The said commissioners are hereby further powers an^^«;
authorized and empowered to make such orders, directions sioners with re-
and provisions, as to them shall seem expedient, for the XdsandbriagM
rebuilding, repairing and future maintaining, of so much of ^jl'^^ig^^on""""'
said road, and of the said bridge between Cambridge and
Brighton, and of the said bridge between Brighton and
Watertown, as lies within the limits of the said town of
Brighton, and for the raising, lowering, tending, rebuilding
and repairing of so much of the draws in said bridges, as lies
within the limits of said town of Brighton, and may order
and direct that the expenses of all such rebuilding, repairing
and future maintaining of said road and bridges, and of
raising, lowering, tending, rebuilding and repairing said
draws, shall be defrayed by the said county of Middlesex, or
by the sold town of Brighton, or jointly, in any proportion,
by the said county and town, as to the said commissioners
shall seem expedient and just, taking into view the uses
now made of the said road and bridges, and the condition
thereof.

Section 3. The said commissioners are hereby further with respect to
authorized and empowered to make such orders, directions bridge"' withio
and provisions, as to them shall seem expedient, for the *^^;j^^^'^°^^^*-
rebuilding, repairing and future maintaining, of so much of
said road and of the said bridge between Brighton and

20

318 1859.— Chapter 156.

Watertown, as lies within the limits of the said town of
Watertown, and for the raising, lowering, tending, rebuild-
ing and repairing, of so much of the draw in said bridge as
lies within the limits of said town of Watertown, and may
order and direct that the expenses of all such rebuilding,
repairing and future maintaining, of said road and bridge,
and of raising, lowering, tending, rebuilding and repairing
of said draw, shall be defrayed by the said county of Middle-
sex, or by the said town of Watertown, or jointly, in any
proportion, by the said county and town, as to the said com-
missioners shall seem expedient and just, taking into view
the uses now made of the said road and bridges and the
condition thereof.
Commissioners to SECTION 4. The Said commissioucrs shall make their

make report. i i i /» i • •

report to tiie clerk ol the county commissioners lor the
county of Middlesex, whose duty it shall be to record the
same, as a final adjudication of all questions and claims,
arising under the provisions of this act, between the county
of Middlesex and the said towns of Watertown and Brighton,
respectively ; and thereupon the said county commissioners
shall carry into effect the said adjudication, as if it were an
original adjudication made by themselves.
To give Dotice of SECTION 5. Thc Said commissioiicrs shall cause reason-
dertws^ac't^ ^ able uoticc to be given to the county of Middlesex, and to
the towns of Watertown and Brighton, of any hearing under
this act ; and such notice shall be given to the chairman of
the board of selectmen of the said towns, and to the chair-
man of the county commissioners of said county, who is
hereby authorized to appear and represent the said county
at such hearing.
Supreme judicial The suprcme judicial court, before the appointment of
ti°c"'of thi' plnd- such commissioners, shall cause reasonable notice to be
tfo^n for'^rppSn't- gi"^en to thc towns of Watertown and Brighton, and to the
meut of commis- said couutv comniissioiiers, of the pendins- of any petition
for the appointment of commissioners under this act ; and
such commissioners, when appointed, shall be sworn before
a judge of the supreme court, to the faithful and impartial
Expenses, how dischargc of their duties, under this act. The expenses of
defrayed. exccutiug tliis act, including the fees of the said commis-

sioners, to be taxed by them, shall be paid by the towns of
Watertown and Brighton, and the county of Middlesex, in
such proportions as the said commissioners may order and
direct.

Section 6. This act shall take effect from and after its

passage. Approved April 4, 1859.

1859.— Chapters 157, 158, 159. 319

An Act relating to poll taxes. Chan 157

Be it enacted, ^"c, as follows :

Section 1. The twenty-seventh section of the seventh p?" taxes to con-
chapter of the Revised Statutes, is so far amended as to partofwhoTesum
provide that the assessors shall assess upon the polls, as ^^^^^^'^'^
nearly as the same can be conveniently done, one-sixth part
of the whole sum to be assessed : provided, the whole poll Proviso.
tax assessed in any one year upon any one individual, for
town, county and state purposes, except highway taxes
separately assessed, shall not exceed one dollar and fifty
cents.

Section 2. This act shall take effect upon its passage.

Approved April 4, 1859.
An Act rfxating to exhibitions of the fighting of birds and Chap. 158

ANIMALS.

Be it enacted, ^c, as follows :

Section 1. Any person establishing or promoting an Penalty for estab-
exhibition of the fighting of birds or animals, shall be uon."^
punished by fine not exceeding one hundred dollars, or by
imprisonment in the house of correction not exceeding six
months.

Section 2. Any person present at, or aiding in, or con- Liability for at-
tributing to, such an exhibition, shall be punished by fine *''°'*"'^
not exceeding ten dollars. Approved April 4:,l^bQ.

An Act to authorize the treasurer and receiver-general of Chap. 159

THE commonwealth TO RECEIVE FROM THE SECRETARY OF THE
TREASURY OF THE UNITED STATES, CERTAIN MONEYS DUE OR TO
BECOME DUE FROM THE UNITED STATES TO THIS COMMONWEALTH,
OR SECURITIES ISSUED OR TO BE ISSUED TO THIS COMMONWEALTH,
IN LIEU OF THE PAYMENT THEREOF.

Be it enacted, §"0., as follows :

Section 1. Tlie treasurer and receiver-general of this Treasurer autho-
Commonwealth is hereby authorized, empowered and di- money or united
reeled to receive and accept for and on behalf of this Com- rieuTbereot-.^n"^
monw-ealth, from the secretary of the treasury of the United Jress'^of iviLh'si
States, the sum of two hundred and twenty-seven thousand i859.
one hundred and seventy-six dollars and forty-eight cents,
being the moneys authorized to be paid to this Common-
wealth, by an act of the congress of the United States,
approved by the president on the third day of March, in the
year one thousand eight hundred and fifty-nine, or to receive
and accept, as aforesaid, such United States' stock as may, in
lieu of said moneys, be issued to this Commonwealth in
accordance with the provisions of said act of congress ; and
said treasurer and receiver-general is hereby further author-

320 1859.— Chapters 160, 161, 162.

ized and directed to receive and accept, as aforesaid, for and
on behalf of this Commonwealth, all other sums of money
that may at any time hereafter be authorized to be paid to
this Commonwealth, out of the treasury of the United States,
on account of the claims of this Commonwealth against the
United States, for disbursements, services and so forth,
during the late war between the United States and the
United Kingdom of Great Britain and Ireland, or on account
of interest on any such sums or claims, or to receive and
accept any United States' stock that may be authorized to be
issued to this Commonwealth in lieu of such moneys or
interest ; and for all moneys or stock so received as afore-
said, the said treasurer and receiver-general is hereby author-
ized, empowered and directed, to give an accountable receipt
under the seal of the Commonwealth.

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

passage. Approved April 4, 1859.

Chan 160 An Act relating___to proof in criminal cases.

Be it enacted, Sfc, as folloios :
Written license, In all Criminal prosecutions, in which the defendant shall

&c., to be proved. ^ r ^ • • a.- a j.- -xx T 'x

rely lor his justmcation upon any written license, appoint-
ment or certificate of authority, he shall prove the same ;
and until such proof, the presumption shall be that he is not
so authorized. Approved April 4, 1859.

Chan 161 -^^ -^.ct relating to the probate court in the county of

"' NANTUCKET.

Be it enacted, Sfc, as foUoios :
When to be held. SECTION 1. The probatc court for the county of Nan-
tucket, shall be hereafter holden on the first Tuesday of
every month.
Processes now SECTION 2. All proccsscs and matters which are now
pending. pending in the probate court in said county of Nantucket,

may be returned to, and acted upon, on the days specified
in the first section of this act. Approved April 4, 1859.

Chap. 162 -^^ "^^^ RELATING TO THE REMOVAL OF ACTIONS.

Be it enacted, Sfc, as follows :

If party applying If auy party making application for the removal of an

lect'tTenter^the actioii or pctitioii fi'om the court of common pleas, to the

p*aTty. ^^^""^ supreme judicial court, shall neglect duly to enter the same

therein, it may be entered by the other party at the term of

said court next after said application was granted ; and a

nonsuit or default shall thereupon be entered in the case

against the party who neglected to make the entry, subject

to have such nonsuit or default taken off upon good cause

shown, as in other cases. Approved^April 4,^1859.

1859.— Chapter 163. 321

An Act fixing the salaries of county commissioners. Chan 163

Be it enacted §t., as follows :

Section 1. Instead of the compensation now allowed ^gtZl'ihed^^'"'''''
them by law, the county commissioners and special commis-
sioners of each county in the Commonwealth, shall receive
out of the treasury of each county, a fixed annual salary,
which shall be in full payment for all services rendered, and
travel performed by them in discharge of their duties in
their respective counties.

Section 2. Said salary shall be paid semi-annually, in ^^^^^.^^'d ''^^
January and July, and shall be divided among said com-
missioners in proportion to the number of days' service and
amount of travel actually performed by them respectively.

Section 3. Until otherwise provided bylaw, the com- county commis-
missioners of the several counties shall receive the following
salaries, namely :

The commissioners of the county of Barnstable, eight BamstaWe.
hundred dollars :

The commissioners of the county of Berkshire, twelve Berkshire,
hundred dollars :

The commissioners of the county of Bristol, eleven hun- Bristol.
dred dollars :

The commissioners of the county of Dukes county, two Dukes county.
hundred dollars :

The commissioners of the county of Essex, twenty-five Essex.
hundred dollars :

The commissioners of the county of Franklin, nine hun- FrankUn.
dred dollars :

The commissioners of the county of Hampden, fourteen Hampden.
hundred dollars :

The commissioners of the county of Hampshire, nine Hampshire.
hundred dollars :

The commissioners of the county of Middlesex, three Middlesex.
thousand dollars :

The commissioners of the county of Norfolk, eighteen Norfolk.
hundred dollars :

The commissioners of the county of Plymouth, fifteen Plymouth.
hundred dollars:

The commissioners of the county of Worcester, twenty- Worcester.
two hundred dollars.

Section 4. In all cases where a petition to the county costs to petition-
commissioners shall be disallowed, and costs are, by existing
laws, chargeable to the petitioner, the same shall be taken
at the rate of three dollars per day for each commissioner,
and travel at the rate of ten cents per mile to and from the
place of meeting, to be paid into the county treasury.

322 1859.— Chapters 164, 165.

Repeal. SECTION 5. TliG tliirty-nintli section of the fourteenth

chapter of the Revised Statutes, is hereby repealed.

Section 6. This act shall take effect from and after the
first day of July next. Approved April 4, 1859.

Chan. 164 '^^ -^^^ '^^ establish the salary of the clerk in the office

^ ' OF THE adjutant AND QUARTERMASTER-GENERAL OF THE COM-

MONWEALTH.

Be it enacted, ^'c, asfolloios:
ushel ^^^^^' From and after the first day of January, in the year one
thousand eight hundred and fifty-nine, the clerk in the office
of the adjutant and quartermaster-general of the Common-
wealth, shall receive a salary of twelve hundred dollars a
year, to be paid quarterly ; which sum shall be in full for
all services rendered by said clerk in said office.

Approved April 4, 1859.

Chap. 165 -^^ -^CT TO REGULATE SIDEWALKS IN THE CITY OF CHARLESTOWN.
Bt: it enacted, Sfc, as follows:

^rwILfnfron^t ^ECTiON 1. Wheiicver any public street in the city of
of their lots ad- Charlcstown, or any portion of any public street in said city,
o°rdered''°^o '^Xe shall havc becu or shall be ordered by the city council, or
paved, &c. surveyors of highways of said city, to be paved, or macadam-
ized, or covered with gravel as a substitute for pavement,
each and every owner or owners, of a lot or lots, adjoining
any such street or portion of a street, shall, without delay,
at his or her own expense, cause the sidewalk in front of his
or her land, to be paved with brick or flat stone, and sup-
ported by hammered edgestone, and kept in repair ; the
same to be done under the direction and to the acceptance
Upon neglect, of thc survcyors of the highways : and if the owner or
wa7s''^n<Vlwe- owners of such lot or lots, shall neglect or refuse to pave
Tr'^expe^Me."''"''' ^"^ support tlic sidcwalks as aforesaid, for the space of
twenty days after he or she, or the tenant of such lot or lots,
or the attorney of such owner or owners, shall have been
thereto required by any of the surveyors of highways, then
it shall be lawful for said surveyors, and they are hereby
enjoined and required, to pave and support the same in
manner aforesaid, or to repair the same, and shall recover
the whole amount of the expense thereof, by action of con-
tract, to be brought by the surveyors of highways, in the
name and behalf of said city, before any court proper to try
Proviso. ^Y\e same : provided, nevertheless, that whenever, in the

opinion of the mayor and aldermen, any owner or owners,
of any lot on such street, shall be unable to comply with
the foregoing requisitions, the said mayor and aldermen may
direct the surveyors of highways, or the superintendent of

1859.— Chapter 166. 323

streets, to cause such sidewalks to be made at the expense of
said city ; and provided, also, that when there are any vacant vacant lots.
lots of land on any such street, the surveyors of highways
may, at their discretion, allow the owner or owners thereof
to cover the sidewalk with plank, and support tlie same with
timber, which shall be removed, and the edgestone and
brick, or fiat stone pavement be completed, whenever, in the
judgment of said surveyors, it shall become necessary.

Section 2. The first section of the act passed on Feb- Repeal,
ruary seventh, in the year eighteen hundred and fifty-five,
entitled "An Act in addition to An Act to regulate Side-
walks in the City of Charlestown," is hereby repealed ; but Act not to effect.
nothing herein contained shall affect any rights now accrued,
nor any action now pending. Approved April 4, 1859.

Chap. 166

An Act relating to the coLLECTioisr of money fraudulently

WITHHELD BY ATTORNEYS AT LAW.

Be it enacted, §'c., as follows :

Section 1. If any attorney at law shall unreasonably Forfeiture for
neglect to pay any money collected by him for and in behalf money coiiS
of any client, when demanded by the client, he shall forfeit ^^■
and pay to such client five times the lawful interest of the
money, from the time of the demand until it is paid.

Section 2. The third section of an act entitled "An Act chap. i4i, i857,
to amend and consolidate the several Acts concerning Impris-
onment for Debt and the Punishment of Fraudulent Debt-
ors," passed in the year eighteen hundred and fifty-seven,
is hereby amended by adding a sixth provision thereto, as
follows :

Sixth — That the debtor is an attorney at law ; that the
debt in the execution is for money collected by the debtor
for the creditor therein, and that said attorney has unreason-
ably neglected to pay the same.

Section 3. The seventeenth section of said act is hereby Further amend-
amended, by adding a fourth provision thereto, as follows : ^'^'

Or Fourth — That the debtor is an attorney at law ; that
the debt sought to be recovered is for money collected by
the debtor for the plaintiff, and that the debtor has unrea-
sonably neglected to pay the same to the plaintiff.

Section 4. Any attorney at law, arrested under the pro- Discharge of at-
visions of this act, may be discharged by taking the oath for rest.^^ ^"^""^ ^^'
the relief of poor debtors, as prescribed in said act of
eighteen hundred and fifty-seven ; or by giving bonds, with
sufficient sureties, to the satisfaction of the magistrate before
whom he is taken upon arrest, for the payment of such sum
as may be found due in the action, together with all costs ;

324 1859.— Chapters 167, 168.

and he shall be discharged from arrest or imprisonment in
no other manner, except by order of the plaintiff in the writ,
or creditor in the execution.
Act of 1857, how SECTION 5. Said act of eighteen hundred and fifty-seven
force. "^ ° shall be in force in relation to arrests authorized by this act,
so far as the same is applicable thereto and not inconsistent
herewith. Approved April 4, 1859.

ChcCD. 167 -^^ ^^^ ^^ ADDITION TO AN ACT TO ESTABLISH A POLICE COURT IN
^ ' THE TOWN OF CHICOPEE.

Be it enacted, Sfc, as follows :

Salary of justices. SECTION 1. The justicc of the policc court in the town
of Chicopee, shall be allowed to retain to his own use, for
his services in criminal prosecutions, from the fees received
by him for such services, a sum not exceeding eight hundred
dollars in any one year, out of which he shall pay the special
justice, quarterly, for all services by him performed in crimi-
nal cases, at the rate of three dollars a day, for each day
that he is actually engaged in holding court.

Repeal. SECTION 2. The first section of the thirteenth chapter of

the acts of eighteen hundred and fifty-six, is hereby repealed.

Approved April 4, 1859.

Chap. 168 -^^ -^CT AMENDING THE CHARTER OF THE CITY OF FALL RIVER.

Be it enacted, Sfc, as follows:
tee^°Numb"and SECTION 1. At the ucxt auuual clcction in the city of
term of office. Fall Rivcr, shall be elected by ballot, a school committee for
said city, consisting of six members, one third for the term
of one year, one third for the term of two years, and one
third for the term of three years.
Elections of. SECTION 2. The ballots for said school committee shall

designate the term of years during which each person voted
for, shall serve, and the election shall be conducted in all
respects as is now provided for the election of mayor of said
city.
Act of 1857 to Section 3. After such election shall have been held, the
efectlons. " ^^^ provisious of the two hundred and seventieth chapter of the
acts of the year eighteen hundred and fifty-seven, shall apply
to all future elections of school committees in said city.
Official year. SECTION 4. Thc official year of said school committee

shall commence on the first day of April in each year.
Act to be submit- SECTION 6. This act sliall not take effect until accepted
FaiiRivIr."^ ° by the voters of said city, at a meeting duly held for said
purpose. Approved April 5, 1859.

1859.— Chapters 169, 170, 171. 325

An Act to increase the capital stock of the north bank. Chai) 169

Be it enacted, §'c., as follows :

The president, directors and company of the North Bank, increase of capi-

T-. , 1 1 n • 1 , • ii • -J 1 tal authorized.

in Boston, are hereby authorized to increase their capital
stock, by an addition thereto not exceeding two hundred and
fifty thousand dollars : provided, that such increase shall be subject to pro-
subject to the provisions, duties, restrictions, liabilities and jgsi"^ °^ ^^ °^
privileges, set forth in the act passed May twenty-fourth, of
the year eighteen hundred and fifty-one, entitled " An Act
in addition to an Act entitled An Act to authorize the Busi-
ness of Banking;" and provided, also, that no part of the Proviso,
additional capital aforesaid shall be exempted from taxation,
until the whole circulation of said bank shall exceed the
amount already allowed by law. Approved Ajjril, 5, 1859.

An Act concerning the state reform school for boys. Chai) 1 70

Be it enacted, Sfc, as follotvs:

Section 1. Whenever any boy shall be sentenced to the support of boys
state reform school, the city or town wherein such boy has ^''^ "'^^^ '
his lawful settlement, shall be held to pay to the treasurer of
the school the sum of fifty cents per week, towards the
support of such boy during the time he remains at the
school, upon notice given and request made by the said
treasurer. And any sum so paid by any city or town may
be recovered by such city or town of any parent, kindred or
guardian, liable by law to maintain such boy. '•-' <•■'"' ' '' '

Section 2. All boys sentenced to the state reform school, pupation of sen-
may be sentenced thereto during their minority.

Section 3. Whenever any boy shall be sentenced to the superintendent
state reform school, the magistrate sentencing him shall ceive statement
transmit to the superintendent of the school, by the officer and'te'sto^ony'!*^
serving the warrant, a statement of the substance of the
complaint and testimony given in the case, together with
such other particulars concerning the boy so sentenced, as
such magistrate may be able to ascertain.

Section 4. So much of the one hundred and fiftieth R<-'peai.
chapter of the acts of eighteen hundred and fifty-six, as
relates to the state reform school, is hereby repealed.

Section 5. This act shall take effect from and after its

passage. Approved April 5, 1859.

An Act concerning collectors of taxes. Chan 171

Be it enacted, §t., as follows :

The provisions of the fifteenth section of the eighth chapter chap. 8, sect. 15,
of the Revised Statutes, authorizing suits by collectors of tended. '' "
taxes, are hereby extended to all cases in which taxes com-
21

326 1859.— Chapters 172, 173.

Chap. 172

mitted to a collector have remained unpaid for one year
after such commitment. Approved April 5, 1859.

An Act in addition to the acts in relation to law library

associations.
Be it enacted, Sfc, as follows :
County treasur- SECTION 1. The scveral county treasurers shall, on the

ers to pay to law ^ , „ y . •' ^ . i - />

library associa- nrst day 01 Jauuary in every year, pay to the treasurers oi

moneys. *^®''**'° tlic couuty law library associations now existing, or that may

hereafter be duly organized in their respective counties,

one-quarter part of all the sums which said treasurers may

have respectively received from the clerks of the courts

during the preceding year ; provided such quarter part in

any year does not exceed the sum of one thousand dollars :

and if said quarter should exceed one thousand dollars, then

said treasurers shall pay one thousand dollars; and all sums

so paid to the treasurers of law library associations, shall be

, applied to maintain and enlarge the public law libraries for

the use of the courts and citizens in the several counties.

County commis- SECTION 2. Nothiug iu this act contained, shall be con-

pioners may au- , i , , , • . ,. ...

thorize other pay- strucd to prcvcut couuty commissionci's from authorizmg
STap'^i, 1856^" Other payments from the county treasuries, under the seven-
ty-first chapter of the acts of the year eighteen hundred and
fifty-six. . Approved April 5, 1859.

Chap. 1 73 -^ -^^^ '^'^ INCORPORATE THE PAWNERS' BANK.

Be it enacted, §t., as follows:
Corporators. SECTION 1. Charlcs F. Barnard, Jacob Sleeper, Frederic

W. Sawyer, Nathaniel C. Nash, their associates and »ucces-
Name. sors, arc hereby incorporated under the name of the Pawners'

Powers and priv- Bank, to bc locatcd in the city of Boston: with the powers
lieges. jjj^^ privileges, and to be governed by the rules and provisions

established by law relative to banks in this Commonwealth,
Loans, on what SO far as applicable to the objects of this institution. It shall
security. ^^^^ ^q ^ bank of issue, and sliall loan on pledge of goods and

chattels only.
Capital stock. SECTION 2. The Capital of Said bank, to bc raiscd by Sub-

scription, shall not exceed three hundred thousand dollars.
May borrow on lu sharcs of ouc huudrcd dollars each. It shall have the
power of borrowing on its own notes, not exceeding the
amount of its capital paid in, and for periods not exceeding
one year.
When stockhoid- SECTION 3. Whcu fiftv thousaud dollars have been duly
subscribed, and twenty-five thousand dollars thereof actually
paid ill, the stockholders may organize and proceed to busi-
ness under this charter.

its own notes.

ers may organize.

1859.— Chapter 173. ^^V''^"'* ^^^

Section 4. The charge on all loans, to cover expenses of charge on ioan».
every kind, including interest, shall be uniform, and not
exceed one and a half per cent, per month.

Section 5. When the bank has disposable funds, it shall shaii loau on
loan on all goods and chattels offered, embraced within its teiV'and''dts-
rules and regulations, in the order in which they are offered, ZyTt^^'i the
with this exception, that the bank may always discriminate '°'iigent.
in favor of small loans to the indigent. It shall loan to Proportion of
four-fifths of the appraised value on gold and silver plate oTg°olds/^'"^
and ware, and to two-thirds of such value on all other goods
and chattels as aforesaid.

Section 6. The government of the bank shall be in Government of
seven directors, five of whom shall be chosen annually, in
October, by the stockholders, together with one to be ap- -?
pointed by the governor of the Commonwealtlr, and one to
be api)ointed by the mayor of the city of Boston ; and the
board thus created shall elect one of their number president,
and such other officers as may be deemed necessary.

Section 7. All loans shall be on a time fixed, and not Dura tionof loans,

, , 1111 • 1 1 3ud right of re-

over one year ; and the pawner shall have a rigiit to redeem demptiou,

his property pledged, at any time within the specified period,

on payment of the loan and rate of compensation to time of

offer to redeem.

Section 8. If the property pledged is not redeemed unredeemed pro-
within the time limited, the same shall be sold at public '^^'^^^'
auction ; and the net surplus, after paying loan, charges and
expenses of all kinds, shall be held one year for the owner r-n,t>^o ^^>»J.*^ ^'^V
{if not then called for, the same shall go into a fund for the Proat and loss n
year, when the entire forfeiture takes place, called the ^'^"'^'
" profit and loss fund.")

Section 9. All losses on loans, from failure of title or I'osses on loans. ■o
other cause, shall be satisfied from the said profit and loss
fund.

Section 10. The net balance of said fund, at the end of ^^'^"^'^ of fund,

' , now disposed of.

each year, shall be made up annually to the first day oi Jan- . o

uary, and be doled in fuel to the needy, under the direction
of the board, during the months of January, February and
March.

Section 11. The bank shall give to each pawner a card-. Pawner to re-
inscribed with the name of the bank, the article or articles fec^" "^^ ' ^"^ *'
pawned, the name of the pawner, the amount of the loan,
the rate of compensation, the date when made, the date
when payable, and the page of tiie book where recorded.

Section 12. The wliole sum earned each year, shall be F'^"'''-". °^ ^'f-K^

1 1 T 11' 1 1 f 1 mi • "°^^ di.'sposed ot

duly disposed of at the end ot the year, ilie earnings to be

divided among the stockholders shall never exceed eight per ^-^ '

328 1859.— Chapters 174, 175.

cent, per annum, and the balance, if any, shall go into said
profit and loss fund, and be distributed in charity, as herein
before provided.

Annual vetuia. SECTION 13. The prcsidcut and directors of said bank
shall annually report to the bank commissioners, full and
accurate statistics of the operations and condition of said
bank, in the month of October in each year.

;By-ia^«. v"'*;^ Section 14. The stockholders of said bank may establish
such by-laws, rules and regulations, for conducting the
business of said bank, as they may deem necessary, not
inconsistent with the laws of the Commonwealth.

Transfer of stock. SECTION 15. Thc stock of Said bank shall be transferable
only at said bank and on its books. Approved April 5, 1859.

Chap. 174 "^ "^^-^ REGULATING THE MANUFACTURE AND SALE OF BREAD.

Be it enacted, Sfc, as follows ;
Loaves required SECTION 1. A loaf of bread sliall be two pounds in weight ;

to be of cert;un iiin n ii-i iipi

weight. and bread may be baked and sold m loaves, halt, three-

quarter and quarter loaves, but not otherwise, except in
bread composed in chief part of rye or maize.

Except small and SECTION 2. Small rolls and fancy bread weighing less

fancy bread. -^ iPiin

tiian one-quarter oi a pound each, may be baked and sold
without regard to weiglit.
fxwbit'^r^rinted SECTION 3. lu cvcry shop or place where bread is sold
card of kinds and by retail, and in each front window thereof there shall be con-
^"'"'^ spicuously placed a card on which shall be legibly printed a list

of the different kinds and qualities of loaves sold there, with
the price of each per loaf, and half, three-quarter and quarter
loaf.
^read^^shaii ^be SECTION 4. All brcad, cxccpt Small rolls and fancy bread
ence of buyer, of Icss than a quartcr of a pound each, sold in any shop or
place, shall be weighed in the presence of the buyer, and if
found deficient in weight, bread shall be added to make up
the weight' required by law.
i^tkf"^^ ^"^ ^'°' Section 5. Any person who shall violate any of the pro-
visions of this act, shall forfeit for each offence the sum of
ten dollars, to be recovered in an action of tort to the use of
the party suing therefor. Approved April 5, 1859.

Chap. 1 75 ^N Act relating to the hancock house.

Be it enacted, Sfc, as follows:
fenrnt^goVerMr," SECTION 1. That his cxccllency the governor, his honor
heads of depart- tlic licutenant-govemor, the secretary of the board of edu-
thorized to'pur- catioii, tlic attorncy-gencral, the secretary of the Common-
chase. wealth, the treasurer and receiver-general and the auditor

of accounts, be, and hereby are authorized to effect, for and

1859.— Chapter 176. 329

in behalf of the Commonwealth, a purchase of the estate
known as the Hancock House, if in their unanimous judgment
and discretion, after all necessary investigation and exam-
ination, it be deemed expedient for the Commonwealth to
make such purchase : provided^ that no more than one hun- Proviso.
dred thousand dollars shall be paid therefor, and that no
alterations in the external or internal arrangements of said
house be made, otherwise than to keep the same in good
repair while it remains the property of the Commonwealth,
and that it shall never be used as a residence for the governor
of the Commonwealth.

Section 2. If such purchase shall be made, they shall ;^^°uT'"°''^'^"
communicate the fact to the legislature at the session to be
held in September next, and shall accompany their commu-
nication with a recommendation as to the uses to be made
of said estate in the future, together with an estimate of
what expense and outlays will be necessary for its repair and
maintenance.

Section 3. If such purchase shall be made, so much of Payment to be

•• n -I p ^ ^^ ^ ^ ni'^'ls out of

the moneys, securities or funds of the Commonwealth, amount received
derived from the claim against the government of the United a^aTust^the gene-
States, for military services during the last war with Great J^^ Sary^ser-
Britain, as may be necessary therefor, are hereby appro- ''^^H^^ *''^ ^^"^
priated and shall be applied to the payments for said Hancock
House, authorized by this act: provided, that the interest of Proviso.
the Commonwealth in and to said house, acquired under
this act, and all property of the Commonwealth therein,
shall stand pledged for the payment of the debt of the Com-
monwealth, in the same manner as the claim aforesaid upon
the general government for military services, is set apart
therefor, by the act of the year one thousand eight hundred
and fifty-seven, chapter one hundred and ninety-seven.

Section 4. This act shall take effect from and after its
passage. Approved April 5, 1859.

An Act to establish the pay op the watchmen of the state Chap. 176

HOUSE.

Be it enacted, S^c, as folloios :

Section 1. The four watchmen of the state house shall ^n"™^"'^'*"^^
receive an annual salary of eight hundred dollars each, for
their services as watchmen tliroughout the year, and as
messengers during the annual session of the legislature :
and 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 quarter.

330

1859.— Chapters 177, 178.

Act, when to take
effect.

Section 2. This act shall take effect from and after the
first day of January, in the year one thousand eight hundred
and fifty-nine. Approved April 5, 1859.

Chap. 177

No improve-
ments, altera-
tions, &c., to
be made, until
specific descrip-
tions are sub-
mitted to legis-
lature, and ap-
propriations
made.

Annual reports,
what to contain.

An Act concerning the public charitable and reformatory
institutions of the commonwealth.

Be it enacted^ §y\, as folloios :

Section 1. No permanent improvements, alterations or
additions, other than tliose authorized at the present session
of the legislature, shall hereafter be made in any of the
state lunatic hospitals, in any of the state almshouses, in the
hospital at Rainsford Island, in the reform school for boys,
or in the industrial school for girls, until specific descrip-
tions of such intended changes shall have been submitted to
the legislature and special appropriations made therefor :
provided^ that nothing herein contained shall be u.nderstood
to prohibit any expenditures necessary for keeping the
buildings and grounds of the said institutions in good order
and condition.

Section 2. On the thirtieth day of September, in each
year, the trustees or inspectors of each of the said institutions
shall cause to be made an accurate inventory of the stock
and supplies on hand at such institution, and shall state the
amount and value thereof in a tabular form, in their annual
report, under the following heads : live stock on the farm ;
produce of the farm on hand ; carriages and agricultural
implements ; machinery and mechanical fixtures ; beds and
bedding in the inmates' department; other furniture in the
inmates' department ; personal property of the state in the
superintendent's department ; ready made clothing ; dry
goods ; provisions and groceries ; drugs and medicines ; fuel ;
library. The trustees or inspectors of the said institutions
shall also give, in their annual reports, a list of the salaried
officers of said institutions, with their salaries.

Section 3. No trustee or inspector of any of the insti-
tutions mentioned in tlie first section of this act, shall be
removed from office before the expiration of his term,
except for sufficient cause. Approved April 5, 1859.

Cha/D 1 78 '^^ ^^^ RELATING TO THE 8ALART OF THE REGISTER OF PROBATE
^" AND INSOLVENCY FOR THE COUNTY OF DUKES COUNTY.

Be it enacted, §"c., asfolloivs:
Salary estab- Section 1. Thc Salary of the register of probate and

insolvency for the county of Dukes county shall be three
hundred and fifty dollars, to be paid quarterly, viz. : on the
first days of January, April, July and October, in each year.

Removal of trus-
tees and iuspec-
tors.

1859.— Chapters 179, 180. 331

Section 2. All acts and parts of acts inconsistent with Repeal,
this act, are hereby repealed.

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

passage. Approved April 5, 1859.

An Act to incorporate the natick five cents savings bank. Chap. 179

Be it enacted, S,-c., as follows :

Section 1. Edward Walcott, Nathaniel Clark, Horace corporatora.
B. Morse, Willard C. Childs, Franklin Hanchett, Leonard
Winch, William Edwards, their associates and successors,
are hereby made a corporation, by the name of the Natick Name.
Five Cents Savings Bank, to be established in the town of Location.
Natick ; with all the powers and privileges, and subject to all Privileges, re-
the duties, liabilities and restrictions, set forth in the thirty- ^'"'^'*°'^^> °-
sixtli chapter of the Revised Statutes, and in all other laws
of this Commonwealth relating to institutions for savings.

Section 2. Said corporation shall receive on deposit oeposita.
sums as small as five cents.

Section 3. This act shall take effect from and after its
passage. Api^oved April 5, 1859.

Chap. 180

An Act to extend the time for locating and constructing

the road of the DORCHESTER AND ROXBURY RAILROAD COMPANY.

Be it enacted, ^c, as follows :

Section 1. The time required by the tenth section of T™e for accept-
the two hundred and fifty-sixth chapter of the acts of the tended.
legislature of eighteen hundred and fifty-seven, within which
the said act shall be accepted by the selectmen of the town
of Dorchester, and ten per cent, of the capital of said com-
pany shall be paid in, is hereby extended one year : provided, proviso.
hoivever, that so much of said chapter as authorizes said
company to construct their railroad upon and over Hancock
and Stoughton Streets in said Dorchester, shall not go into
effect if the Dorchester Railway Company shall, within nine
months from the passage of this act, construct a railroad
from said avenue, by Upham's Corner to Meeting-house
Hill, in said Dorchester.

Section 2. Said company shall have the right to connect May connect
their road with the road of the Dorchester Railway Com- road' of Dor-
pany, and to lease to, or hire the same, or any other road way company^
with which it may connect, but shall not run their cars over *'*'•
said roads, or use them in any manner without their con-
sent, and only on such terms as may be mutually agreed
upon.

Section 3. At any time after the expiration of one year selectmen of Dor-
from the opening for use of the tracks of said railroad, in after %ne ^earj

332 1859.— Chapters 181, 182.

order^discontinu- anj Street 111 wliicli the same may be located, as provided by
' ' their charter, the selectmen of Dorchester may, by vote of
the major part thereof, determine that the same, or any part
thereof, be discontinued : and thereupon the said location
shall be deemed to be revoked, so far as regards such part
as they shall order to be discontinued, and the tracks in that
part thereof shall be forthwith taken up and removed in

Proviso. conformity with such vote or order of said selectmen : pro-

vided, such taking up and removal shall be at the expense
of said railroad company.

May increase cap- SECTION 4. The Capital stock of said compaiiy may be

ital $100,000. • ^11 jVli 1 j 11 I .' ■>

increased one hundred thousand dollars.

Section 5. This act shall take effect from and after its
passage. Approved April 5, 1859.

ChaB 181 ^^ ^*^^ ^^ ADDITION TO AN ACT ESTABLISHING THE CITY OF SALEM.

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

Overseers of the SECTION 1. The board of ovcrsccrs of the poor of the

^°°'' city of Salem shall consist of twelve persons, two from each

ward, together with the mayor, who shall be, ex officio, a
member of and chairman of said board ; and said board
shall have all the powers, and be subject to all the duties
and liabilities, provided by law.

for whaTterm'!'"^ SECTION 2. At the Commencement of the next municipal
year, the city council of said city shall elect one-half of said
board, one from each ward, for the term of one year, and
one-half, one from each ward, for the term of two years ;
and the said council shall, after said first election, annually,
elect one-half of said board, one from each ward, for the

vacancie... temi of two ycars. Vacancies may be filled in said board

by said council ; and the person elected to fill any vacancy
shall hold office during the term for which his predecessor
was elected.

Repeal. ^ SECTION 3. All tlic provisious of an act establishing the

city of Salem, and the acts additional thereto, inconsistent

^ffect'!'^'"*°*'""' herewith, are hereby repealed. This act shall take effect

Proviso. ^^^6^" the next annual municipal election : provided, it shall

be accepted by the city council of said city.

Approved April 5, 1859.

Chap. 182 ^^ ^CT TO INCREASE THE CAPITAL STOCK OP THE ATLAS BANK.

Be it enacted, §-c., as follows:

uuuThorfze'd'"" . ^"^^^ prcsideiit, directors and company of tlie Atlas Bank,
111 Boston, are hereby authorized to increase their capital
stock, by an addition thereto, not exceeding five hundred
thousand dollars : provided, that such increase shall be

1859.— Chapters 183, 184. 333

subject to the provisions, duties, restrictions, liabilities and subject to pro-
privileges, set forth in tlie act passed May twenty-fourth, Igsi"' °' '"'^ "'^
eighteen hundred and fifty-one, entitled " An Act in addition
to an Act entitled An Act to authorize the Business of Bank-
ing ; " and provided^ also, that no part of the additional proviso.
capital aforesaid, shall be exempted from taxation, until the
whole circulation of said bank shall exceed the amount
already allowed by law. Approved April 5, 1859.

An Act relating to attachments of real estate. Chau 183

Be it enacted, ^c, as follows :

In all writs issuing from the justices' court of the county AVrita issuing
of Suffolk, or from police courts, or from justices of the coXts, ^ wiTen
peace, wherein the debt or damages demanded exceeds ^^^^^ douar?.
twenty, dollars, an attachment of lands or tenements may be
made with the same effect, and in the same manner, as if
such attachments were made upon a writ issuing from the
court of common pleas. Approved Ajyril 5, 1859.

An Act to authorize the city of boston to raise the dam at Chap. 184

THE outlet of LAKE COCHITUATE. ^ '

Be it enacted, Sj'c, as foUoivs :

Section 1. The city of Boston is hereby authorized, by city of Boston

11 lii pi/^i' ITT T-> 1 autriorized to

and through tlie agency oi the Cochituate Water Board raise dam.
therein, or by and through any other agency which shall be
established therefor, by the city council of said city, to raise
the dam at the outlet of Lake Cochituate, formerly called
" Long Pond," lying in the towns of Natick, Wayland and
Framingham, to the height of ten feet above the floor of
"Knight's Flume," so called, and may also take and hold, May take and

hold real estato

from time to time, by purchase or otherwise, any lands or
real estate on and around the margin of said lake, not
exceeding five rods in width, measuring from the verge of
said lake, when the same shall be raised to the level author-
ized by this act, so far as such lands and real estate may be
necessary for the preservation and purity of said lake, for the
purpose of furnishing a supply of pure water for said city of
Boston : provided, hoivever, that no lands or real estate Proviso.
taken or purchased under this act, shall be exempted from
taxation, by reason of such taking or purchase. All lands Exemption from
and real estate within said towns, heretofore taken or pur-
chased, and now held by said city by virtue of an act ap-
proved March thirtieth, eighteen hundred and forty-six, or
by virtue of any other act heretofore passed, shall be and
remain exempted from taxation, so long as they continue to
be so held and used for the purposes of said acts.

22

334 1859.— Chapters 185, 186.

City to be liable SECTION 2. TliG Said citj of Boston shall be liable to pay
sustalnech'""^^^^ ^11 damages that shall be sustained by any persons in their
property, by the taking of any land or real estate, or by the
flowage of the lands of any person as aforesaid ; and in
Rights and rem- regard to such taking and flowing and the ascertainment
'''''®'^' and payment of all such damages, the said city of Boston,

and all persons claiming damages, shall have all the rights,
immunities and remedies, and be subject to all the duties,
liabilities and obligations, which are provided in the one hun-
dred and sixty-seventh chapter of the acts of the year one
thousand eight hundred and forty-six, the one hundred and
eighty-seventh chapter of the acts of the year one thousand
eight hundred and forty-nine, and the three hundred and
sixteenth chapter of the acts of the year one thousand eight
NatickandTi'^ huiidrcd and fifty. Said city of Boston shall also indemnify
land. said towns of Natick and Wayland, against all injury which

may at any time be done to any liighway or bridge in such
towns, by reason of the raising of tiie water, and maintain-
ing the dam, as herein before provided.
Act not to take SECTION 3. Tlus act shall not take effect, until said city

effect until, &c. i j

of Boston shall have paid to the said town of Framingham,
the sum of forty-five hundred dollars ; to the said town of
Natick, the sum of three thousand dollars, and to the said
town of Wayland, the sum of one thousand dollars ; nor
until said act shall have been accepted Ijy the city council
of said city of Boston. Approved April 5, 1859.

Chap. 185 -^N -^^'^ CONCERNING ACTIONS ON JUDGMENTS.

Be it enacted, ^c, as follows :

tionToblainedon Whenever an action is or shall be brought upon a judg-
judgment by de- mciit obtained by default, and wichout the knowledge of the

fault ...

defendant, the court may, in their discretion, and upon such
terms as they shall deem reasonable, allow the defendant to
show in defence any payment, satisfaction or extinguish-
ment, of the claim, prior to the obtaining of such judgment,
or any matter of fraud, which in either case he might liave
Proviso. shown upoii a writ of review in the original suit : provided,

such action be brought within six years from the rendition of
such judgment. Approved April 5, 1859.

Chap. 186 ^N -^CT CONCERNING THE AGENT AND DRAW-TENDERS OP CHARLES

RIVER AND WARREN BRIDGES.

Be it enacted, Sfc-, as follows :

ab^iiVl ''^""^ Section 1. The office of agent of Charles River and

Warren Bridges is hereby abolished.
Draw-tenders. .SECTION 2. The draw-tciidcrs for the Cliarles River

Bridge and the Warren Bridge, shall hereafter be appointed

1859.— Chapter 186. 335

by the governor and council, annually, in the months of Appointmentimd
February or March, and may be removed for incompetency ''^""^'"^^■
or neglect of duty, by the governor and council ; and when
a vacancy shall occur by reason of death, removal or other-
wise, such vacancy may be filled at any tune by the governor
and council. The draw-tender on Charles River Bridge salaries.
shall have an annual salary of eleven hundred dollars, and
the draw-tender on the Warren Bridge an annual salary of
one thousand dollars, to be paid in quarterly payments,
which shall be in full for all services, as liereinafter provided ;
said salaries to be paid from the fund belonging to said
bridges.

Section 3. The draw-tenders on said bridges shall fur- Duties
nish all the assistance necessary for opening and closing the
draws in said bridges, and for the true and faithful per-
formance of all duties required of them, by the acts of
eighteen hundred and fifty-six, chapter two hundred and
eighty-second ; they shall also have the care of the lamps
upon said bridges, and perform all the labor necessary in
lighting and extinguishing the same ; they shall also cause
the snow and ice to be proi)erly removed from the sidewalks
of said bridges whenever it becomes necessary : all of said
work shall be performed at their expense, without additional
charge.

Section 4. The dwelling-house near the draw of each of Dweiunghouses,
said bridges shall be appropriated to the use of said draw- via'e'd." ^ ^^°'
tenders, with sufficient fuel and gas for warming and light-
ing the same, without charge ; and they shall be required
to reside in said houses : there shall also be provided for the
use of said draw-tenders, one horse for each bridge, to assist
in opening and closing said draws ; said dwellings to be kept
in repair, and said horses purchased, stabled and provisioned,
by the said draw-tenders, and the expense paid from the
fund belonging to said bridges ; the care and tending said
horses shall be part of the duties of the said draw-tenders,
and shall be performed at their expense.

Section 5. In addition to the duties required by section obligations and
second, the said draw-tenders are hereby authorized to '^sreements.
require of all persons or corporations a faithful fultilment
of all obligations or agreements they are or may be under
to perform any duties upon or in connection with said
bridges ; and in case of neglect of any such duty, or the
refusal to comply with any agreement or obligation, said
draw-tenders shall report the same to the prosecuting officer
of tliis Commonwealth, that legal proceedings may be insti-
tuted to enforce the observance of all such obligations or

336 1859.— Chapter 187.

Authorized to let coiitracts ; Said draw-tenders are also authorized to let any

certain property, j^^-^jj^jjj-jg^ privilege Or otlier propcrtj not otherwise appro-
priated, which belongs to their respective bridges, and which
can be let without detriment to their interest, or interfering
with their legitimate use, on such terms as they may deem
for the interest of the fund belonging to said bridges, sub-
ject, however, to the approval of the governor and council ;

Repairg. it shall also be the duty of said draw-tenders to see that

their respective bridges are kept in good repair, and do all
other things necessary in regard to said bridges. Each of
said draw-tenders shall make a quarterly report of their
respective bridges to the governor and council, giving a

Annual report, truc Statement of all receipts and expenditures. In addition
to their quarterly reports, they shall be required on or before
the fifteenth day of January in each year, to make a report
to the legislature, of their doings as said draw-tenders, to
which report shall be added a specific account of all their
receipts and expenditures for the preceding year, ending on
the first day of January.

Shall giTe bond. SECTION 6. Eacli draw-tcudcr shall give a bond to the
treasurer of the Commonwealth in the sum of two thousand
dollars, with satisfactory surety or sureties, for the faithful
performance of his duties.

Inconsistent acts SECTION 7. All acts or parts of acts inconsistent with

repeae . ^j^.^ ^^^^ ^^,^ hcrcby rcpcalcd. Approved April 5, 1859.

Chap. 187

An Act to incorporate the union steamship compant.

Be it enacted, Sj'c, as follows :
Corporators. SECTION 1. Douald McKay, James W. Converse, Isaac

Eich, John B. Alley, Daniel Lewis, Lee Claflin, their asso-
Name. ciatcs and successors, are hereby made a corporation by the

Privileges, re- uamc of tlic Uiiioii Stcamsliip Company ; with all the powers
strictions, &c. ^^^^ privileges, and subject to all the duties, restrictions

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

Revised Statutes.
May build steam- SECTION 2. Thc said companv are hereby authorized and

RhinR fcc 1 •! 1 1111 1

empowered to build, purchase, hold and convey, one or
more steamships, and navigate the ocean therewith between
any port or ports in this Commonwealth and New Orleans,
or any port or ports on the Gulf of Mexico.

Pe"ona^ estate, SECTION 3. Said compauy may hold personal property
not exceeding in value four hundred thousand dollars.

Number and SECTION 4. Tho uumber of shares into which the capital

amount of shares i:

to be fixed by by- stock of Said compaiiy shall be divided, and the amount of

'^'"' '^' each share, shall be fixed by the by-laws, and said company

shall have power to assess from time to time, upon such

ships, &c.

1859.— Chapters 188, 189. 337

shares such sums as may be deemed necessary to accomplish
the object of said company ; but no share shall be assessed
for a greater sum in the aggregate than the amount of such
shares so fixed.

Section 5. If said corporation shall not, within one year company to or-

, n 1 1 •111 gauize Within one

from the passage hereof, have been organized, and nave year, and collect
collected an assessment or assessments of ten per cent, on clpita" ''^°* °°
the capital stock, and shall not within three years from the
nassage hereof, have placed on the aforesaid route at least to place on route

^ ° 1 . /. , 1 J' • 1 J 1 n t"'° steaniBhips

two steamships tor the purposes oi said company, ana sliall within three
not use the same for the purposes herein set forth, then this ^'''*'"^-
act shall be null and void.

Section 6. This act shall take effect from and after its

passage. Approved April 5, 1859

An Act in addition to the several acts concerning the Chap. 188

ATTENDANCE OF CHILDREN AT SCHOOL.

Be it enacted, Sj'c, as folloios:

In addition to the requirements of chapter three hundred ^mfol^^^'^'Sol.
and nine of the acts of eighteen hundred and fifty-five, it shall school commit-

1.T r. 1 11 •.] ijj_r^ J. ^^^^ '^ocl truant

be the duty of the school committee and truant officers, to officers.

give prompt notice to the treasurers of their respective

towns and cities, of the violation of the provisions of the

first section of chapter two hundred and forty, of the acts

of eighteen hundred and fifty-two, and also to notify such

treasurer of the requirements of the fifth section of said last

named act ; and if, after such notice, any treasurer shall [*^g°su7er°for'nrg'^

wilfully neglect or refuse to perform the duties prescribed in leot.

said fifth section, he shall forfeit to the use of the town or

city a sum not exceeding twenty dollars, to be recovered by

complaint or indictment. Approved April 5, 1859.

An Act in relation to dividends by savings banks. Chap. 189

Be it enacted, §"c., as folloivs :

Section 1. Every savings bank and institution for savings ^^en dividends
in this Commonwealth, may make ordinary dividends of the ™*^
profits of the banks or institution aforesaid, every six months,
and extra dividends at such times as they may determine by
by-law, out of the accrued profits of said savings banks.

Section 2. The managers or trustees of savings banks Examination to

,., ,. [. ■ 111 • 4. • J. 1 be made before

or institutions for savings, shall cause examinations to be declaring.
made, prior to the declaration of any dividends, whether
ordinary or extra ; and shall declare no dividends except
such as shall have accrued at the time of such examination.

Section 3. No treasurer shall pay any dividends to a Dividends to be
depositor on account of a deposit, in any savings bank or '^"'^ authorized.

338 1859.— Chapters 190, 191, 192, 193.

institution for savings, unless the same shall first have been
duly authorized by vote of the trustees or managers.

Approved Apt-il 5, 1859.

Chap. 190 ^^ ■^^'^ EXTENDING THE JURISDICTION OF THE JUSTICES* COURT OF

THE COUNTY OF SUFFOLK.

Be it enacted, ^t., as follows :

jurisdktion in J,, all cascs lu whicli, by existing laws, the justices' court

iictions of $300. „ r- r, -n n 1 . P -, . . ^ . •■,

01 the county of buffolk has jurisdiction oi civil actions,
wherein the debt or damages demanded are one hundred
dollars, or less, said court shall hereafter have jurisdiction,
if the damages or debt demanded, are three hundred dollars,
or less. Approved April 5, 1859.

Chap. 191 ^^ -^^'^ ^^ ADDITION TO AN ACT TO INCORPORATE THE BEVERLY

INSURANCE COMPANY.

Be it enacted, Sfc, as follows:

May issue fire The Bcvcrly Insuraiicc Company is hereby authorized to

poicies. issue policies for the purpose of insuring dwelling-houses

and other buildings, and personal property, against loss or

Privileges, re- damage by fire; with all the ])owers and privileges, and all

stnctions, &c. ^^^^ dutics, liabilities and restrictions, set forth in chapter

two hundred and fifty-two of the acts of the year one

thousand eight hundred and fifty-six, and in all other laws

of this Commonwealth applicable to stock fire insurance

companies. xipproved April 5, 1859.

Chap. 192 -^^ ^^'^ ^^ ADDITION TO AN ACT TO AUTHORIZE THE WESTERN RAIL-

ROAD CORPORATION TO ISSUE BONDS.

Be it enacted, cVc, as follows:
Act of 1865 re- SECTION 1. So much of tlic four hundred and fifty-sixth

pealed in part. /.i r.i ^ tt

chapter of the acts of the year one thousand eight hundred
and fifty-five, entitled " An Act to authorize the Western
Railroad Corporation to issue bonds," as authorizes the
Western Railroad Corporation to execute a mortgage in fee
simple of the Western Railroad and its equipments and
appurtenances, is liereby repealed.

Section 2. This act shall take effect from and after its
passage. Approved April 5, 1859.

Chap. 193 ^'^ ^CT RELATING TO THE TITLES OF JUSTICES OF THE PEACE
DESIGNATED AND COMMISSIONED TO TRY CRIMINAL CASES.

Be it enacted, Sfc, asfolloivs:

^Triaijulti°ces^» Justiccs of the pcacc designated and commissioned to try
criminal cases, by authority of the one hundred and thirty-
eighth chapter of the acts of the year eighteen hundred and
fifty-eight, shall be hereafter known and designated as trial
justices. Approved April 5, 1859.

1859.— Chapters 194, 195, 196. 339

An Act concerning the liability of assignees [^for cq^sts in phf,y^ i qa

CERTAIN CASES. ^Itap. l^i

Be it enacted, S^'c, as folUms :

Section 1. Any suit hereafter brought upon any claim Purchaser of any
or demand sold by any assignee of the estate of any insolvent suit""!^ ws'^owf
debtor by authority of law, shall be brought in the name of ^^^^'
the purchaser of such claim or demand ; and the fact of
such sale by the assignee, and purchase by the plaintiff, in
such suit, shall be set out in tlie writ. And the assignees Assignee not
of the estates of insolvent debtors shall not be liable for any "^'''®"
costs which may accrue upon suits brought upon claims or
demands so sold by them ; but the purchaser thereof shall
be liable for costs in sucli suits in the same manner as the
plaintiff in any other suit would be.

Section 2. In any such suit the defendant may avail same defence as
himself of any matter in defence which he might have set signee"^'^'^ ''^ *^
up in defence to a suit upon the claim or demand by the
assignee of such estate. Approved April 5, 1859.

Chap. 195

An Act to authorize the warren institution for savings

TO HOLD additional REAL ESTATE.

Be it enacted, ifc, as follows :

Section 1. The Warren Institution for Savings, a cor- Reai estate,
poration established in the city of Charlestown, is hereby '
authorized to hold real estate to an amount not exceeding
sixty thousand dollars.

Section 2. The twenty-third chapter of the statutes Acts of issi and
passedin the year eighteen hundred and fifty-one, and the "^^p^^^ .
one hundred and ninety-fifth chapter of the statutes passed
in the year eighteen hundred and fifty-four, which authorize
the said corporation to hold real estate to a less amount, are
hereby repealed.

Section 3. This act shall take effect from and after its
passage. Ajiproved April 5, 1859.

An Act ESTABLISHING THE superior COURT. Chof) 196

Be it enacted, Sfc, as follows :

Section 1. There shall be established a court to be called ^"p^^J^^ ^"""^t

estabUshea.

the " Superior Court," which shall have the same powers

and jurisdiction in all actions and proceedings at law, jurisdiction and

whether civil or criminal, as the supreme judicial court, the p°'''«''^-

court of common pleas, the superior court of the county of

Suffolk, and the municipal court of the city of Boston now

have, except as hereinafter provided.

Section 2. Tlie court shall also have jurisdiction to hear to try questions
and determine all questions of fact to be tried by a jury, to^^"^' ^'"^^^^'

340 1859.— Chapter 196.

except as hereinafter provided, and except questions of
damages now by law to be heard before a jury in the
country.
Pending actions SECTION 3. All cascs pending at the time this act shall
take full effect, whether civil or criminal, in the superior
court of the county of Suffolk, the court of common pleas,
the municipal court of the city of Boston, and all actions at
law and appeals in cases of insolvency now pending in the
supreme judicial court, wherein the debt or damage sought
to be recovered or property claimed, if in the county of
Suffolk, does not exceed four thousand dollars, or if in any
other county one thousand dollars, and all capital cases,
shall be transferred to and have day in the proper term of
Writs, processes, the supcrior court in the respective counties. And all writs,
to's'ai/court.^ ^ proccpscs, complaiuts, petitions, libels, appeals and proceed-
ings whatever which are made returnable or to be entered
in either of said courts, or to the supreme judicial court, in
actions at law and appeals in insolvency, wherein the amount
of property claimed or sums demanded is limited as afore-
said, shall be returnable to, entered and have day in the
proper term of said superior court. And all judicial writs
and processes and copies founded upon the records of said
courts, shall issue under the seal of the superior court in
like manner, and to the same effect as the same might have
issued from the said courts, if this act had not been passed ;
and all writs and processes may be made returnable to the
several terms of said courts now established by law, till
this act shall take full effect, and then all such writs and
processes shall be made returnable to the terms herein
established.
Custody of re- SECTION 4. Tlic rccords of the court of common pleas,
courts. and superior court of the county of Suffolk, shall remain in

the custody of the clerks of the superior courts, for their
respective counties, and the records of the municipal court
shall remain in the custody of the clerk of the superior court
for criminal business in the county of Suffolk.
Appellate juris, SECTION 5. The superior court shall liavc appellate juHs-
ot insolvency, dictiou of all mattcrs of insolvency determinable by the
courts of probate and of insolvency and the judges thereof,
in all other matters where an appeal is allowed by law, and
by commissioners of insolvency on the estates of deceased
persons, except in cases where other provision is specially
made. And in all other cases the said court shall have the
same appellate jurisdiction and power to exercise such juris-
diction as the supreme judicial court, the court of common
pleas, the superior court of the county of Suffolk, and the

1859.— Chapter 196. 341

municipal court of the city of Boston now have, except as
herein otherwise provided.

Section 6. All petitions for divorce and all appeals from Divorce andpro-
the court of probate, shall be returnable to the supreme tm-uabil/'^*'
judicial court and shall be determined therein. Every Equuy process,
original process in equity, whetiier by bill, writ, petition or bie^"^*^
otherwise, shall be commenced in, and be made returnable
to the supreme judicial court, at the terms in the several
counties, as established in the fifty-sixth section of this act,
or at rule days to be established by the court.

Section 7. There shall be appointed, commissioned and Tenjuaucestobe
qualified, agreeably to the constitution, ten suitable persons *pp°"^^ •
as justices of the superior court, one of whom shall be
appointed, commissioned and qualifi.ed, as chief justice
thereof; and as vacancies occur, they shall be filled by
appointment in the same manner.

Section 8. Tlie clerks and assistant-clerks of the supreme cierks, their pow-
judicial court, (except the clerks of said court in the county compea^auon*"
of Suffolk,) court of common pleas, superior court, and
municipal court of the city of Boston, now in office, shall be
clerks and assistant clerks of the superior court in their
respective counties, until their successors are qualified ; and
they shall have the same power and duties, and receive the
same compensation they now have and receive.

Section 9. In the year eighteen hundred and sixty-one, cierks, number
and every fifth year thereafter, clerks of the superior court cho^en.^""^ '° ''^
shall be elected in the several counties, to hold their offices
from the first Wednesday of January following, that is to
say: for the county of Suffolk two clerks, one for the civil
and one for the criminal business of said court. For each
of the other counties, one clerk, who shall also be clerk of
the supreme judicial court for those counties. The court Assistant-cierks,
may appoint one assistant-clerk for the civil business for the ^°^^'*pp°'°*'' •
county of Suffolk, and one assistant-clerk for each of the
counties of Worcester and Middlesex, to hold their offices
for the term of three years from the first Wednesday of
January next after their appointment, who shall also, in the
counties of Worcester and Middlesex, be assistant-clerk of
the supreme judicial court for those counties. The said compensation.
clerks and assistant-clerks shall i-eceive the same salaries as
are now provided by law for the several clerks of the courts
and their assistants in their respective counties, to be paid
or retained in the same manner, except that in the county Fees tobeac-
of Suffolk the fees received by said clerks shall be accounted '^^-^'^if"^-
for and paid over to the treasurer of the Commonwealth,
after retaining an amount therefrom equal to the amount of

23

342

1859.— Chapter 196.

bonds of clerks.

Terms of the
court.

their salaries, which shall be for the clerk and assistant-
clerk of the superior court for civil business, the same as
that of the clerk and assistant-clerk of the superior court of
the county of Suffolk, respectively, and for the clerk for
criminal business, the same as that of the clerk of the
municipal court. The clerks of courts shall also be clerks
of the county commissioners. And all fines, penalties, for-
feitures and costs, now paid or accounted for by the officers
of the superior court for the county of Suffolk, municipal
court of the city of Boston, or supreme judicial court in the
county of Suffolk, to the treasurer of the county of Suffolk,
or of the city of Boston, shall be accounted for and paid
Qualification and ovor to tlic trcasurcr of tlic Commouwealth. All said clerks
shall be qualified and give bond in the same manner and
amount as hereinafter provided, as to the clerk of the
supreme judicial court for the Commonwealth.

Section 10. The court shall be held in every year at the
times and places following, that is to say : For the county of
Essex, for civil business, at Salem on the first Mondays of
June and December, at Lawrence on the first Monday of
March, and at Newbury port on the first Monday of Septem-
ber ; for criminal business, at Lawrence on the third Monday
of January, at Newburyport on the second Monday of May,
and at Salem on the fourth Monday of October.

For the county of Middlesex, for civil business, at Lowell
on tiie second Monday of March and the first Monday of
September, at Concord on the first Monday of June, and at
Cambridge on the second Monday of December ; for crim-
inal business, at Cambridge on the second Monday of Feb-
ruary, at Concord on the fourth Monday of June, and at
Lowell on the third Monday of October.

For the county of Hampshire, at Northampton, for civil
business, on the third Monday of February, the first Monday
of June, and on the third Monday of October ; for criminal
business, on the second Monday of June and third Monday
of December.

For the county of Franklin, at Greenfield on the third
Monday of March, and the second Mondays of August and
November.

For the county of Hampden, at Springfield, for civil busi-
ness, on the second Mondays of March and June, and the
first Monday of October ; for criminal business, on the third
Monday of May and first Monday of December.

For the county of Berkshire, at Lenox, for civil business,
on the fourth Mondays of February, June and October; for
criminal business, on the first Mondays of January and July.

Middlesex.

Hampshire.

Franklin.

Hampden.

Berkshire.

1859.— Chapter 196. 343

For the county of Norfolk, at Dedham on the fourth Mon- Norfolk.
day of April, and the third Mondays of September and
December.

For the county of Plymouth, at Plymouth on the second Plymouth.
Monday of June and third Monday of October, and on the
second Monday of February.

For the county of Bristol, at Taunton on the second Mon- Bristol.
days of March and September, and at New Bedford on the
second Mondays of June and December.

For the county of Suffolk, for civil business, at Boston on Suffolk.
the first Tuesdays of January, April, July and October ; for
criminal business, at Boston on the first Monday of every
month.

For the county of Barnstable, at Barnstable on the Tues- Barnstable.
day next after the first Monday of April, and on the first
Tuesday of September.

For the county of Nantucket, at Nantucket on the first Nantucket.
Mondays of June and October.

For the county of Dukes county, at Edgartown on the Dukes.
last Mondays of May and September.

For the county of Worcester, for civil business, at Wor- Worcester,
cester on the first Monday of March, the Monday next after
the fourth Monday of August, and on the second Monday of
December ; and at Fitchburg on the second Mondays of
June and November ; for criminal business, at Worcester on
the third Monday of January, the second Monday of May
and the third Monday of October ; and at Fitchburg on the
second Monday of August.

Section 11. In the counties where both civil and crim- cmi and crimi-
inal terms are established, civil business exclusively shall transacted at re-
be transacted at civil terms, and criminal at criminal terms ; therefor. *'''™'
and continuances of civil and criminal cases shall be to
civil and criminal terms, respectively, without any special
order therefor.

Section 12. In such counties, civil suits on recognizances S"its on recogni-

.. '. 1111 iilj. zances lu crinii-

entered into m criminal prosecutions, shall be returnable to nai matters.
and have day in criminal terms.

Section 13. Two or more sessions of the court may be two or more ses-

^, i.-r sious in same

held 111 the same county, at any term, tor tlie transaction ot county.
civil or criminal business, when the public interests require ;
and such division of the business may be at any time made
as shall conduce to its more speedy and convenient despatch.

Section 14. Jurors and grand jurors shall be drawn. Jurors, grand

1 , 1 1- ii'j'lM • and petit, how

summoned, returned and impannelled m like manner as in impanelled,
the supreme judicial court, court of common pleas, and
jnunicipal court, by existing laws.

Uces.

how desjguated.

344 1859.— Chapter 196.

Laws applicable SECTION 15. All laws applicable to the supreme judicial
toapp'iy' ''""'^'^ court, court of common pleas, superior court of the county
of Suffolk, and municipal court of the city of Boston, shall
apply to the superior court so far as consistent with the pro-
visions of this act.
Court to estab- SECTION 16. Thc court shall have power to establish a
offlcerst '&c.^°^"' scal for said court, and the same power to issue all writs and
processes, and to appoint all officers that may be necessary
for the transaction of the business of the court, which the
supreme judicial court now have, except as hereinafter pro-
vided, which writs and processes may run into any county.
Salaries of jus- SECTION 17. The cliicf justicc of the court shall receive
an annual salary of three thousand seven hundred dollars,
and each of the associate justices an annual salary of three
thousand five hundred dollars, and at the same rate for any
part of a year, to be paid quarterly, from the treasury of the
Commonwealth.
First day of term, SECTION 18. lu writs, proccsscs, rccords and ludicial pro-
ceedings of all kinds, whether civil or criminal, the day on
which any term begins may be designated as tlie first, second
or other Monday, or other day of the week, as the case may
be, in the month in which the same sltall happen.
Ajjouniment of SECTION 19. Whcu uo justicc is prcscut at the time and
of justi"e^'''^"" place appointed for holding a court, whether at the begin-
ning of a term, or at an adjournment thereof, the sheriff of
the county, or either of his deputies, may adjourn the court
from day to day, and from time to time, as the circumstances
may require, or as may be ordered by any of the justices ;
and he shall give notice of any such adjournment by making
public proclamation in the court house, and by a notification
thereof, posted on the door of the court house, or published
in some newspaper.
Court to allow SECTION 20. The court shall receive, examine and allow,

expenses. n • -< • • i

the accounts lor services and expenses incident to the court,
in the several counties, and shall order payment thereof
conformably to law.
Capital and other SECTION 21. Evcry pcrsou indictcd for an offence pun-

iiiffn criDies how • »/ j i

tried. ' ishable by death or by imprisonment for life only, shall be
tried in the superior court by three justices ; and in all re-
spects the party accused shall have the same rights that a
party indicted for a capital offence now has ; and he shall
have the right of appeal and exception as hereinafter pro-
vided.
minlSon^of SECTION 22. No justicc shall hold in any one year more
criminal law. than thrcc tcrms for the trajisaction of criminal business
only.

1859.— Chapter 196. 345

Section 23. Costs and fees charged, taxed and recovered, costs and fees.
shall be the same as now in tlie supreme judicial court,
except in cases where other provision is made, and in crimi-
nal business, the same as now taxed in the court of common
pleas.

Section 24. In actions at law brought originally in the costs in certain
superior court, wherein damages are recovered in the sum mined.'^°^ '^^'"'^
of twenty dollars or less, the costs shall be determined as
follows :

First — In all cases in which by existing laws the plaintiff
recovers full costs though less than twenty dollars as
damages, he shall recover full costs.

Second — In all other cases, if the plaintiff recover twenty
dollars or less he shall recover no costs.

Section 25. In all cases of appeal from a justices' costs, in cases of
court, police court, or justice of the peace, wherein the ^^p^^^'
party appealing shall not recover more debt or damages
than he recovered in the court below, with interest thereon,
he shall recover no costs ; but tlie adverse party shall
recover full costs.

Section 26. Any party aggrieved by the judgment of Appeals.
the court on any matter of law, civil or criminal, apparent
on the record, except judgment on any plea in abatement or
motion to dismiss for defect in form of process, may appeal
therefrom to the law term of the supreme judicial court ;
but such appeal shall not transfer the case from the superior
court, but only the question to be determined.

Section 27. A party whose motion for a new trial is Exceptions.
overruled and who is aggrieved by any opinion, ruling,
direction or judgment of the court in matter of law in any
case, civil or criminal, except upon questions arising on
pleas in abatement or motions to dismiss, except for defect
of form of process, and any party who is aggrieved by any
opinion, ruling, direction or judgmentof the court in matter
of law, except as above provided, in any civil or criminal
proceeding, suit or action, whether it be according to the
course of the common law or otherwise, may allege excep-
tions thereto, which being reduced to writing in a summary
mode, and filed with the clerk, and notice thereof being
given to the adverse party, may be presented to the court
before the adjournment, without day of the term at which his
motion is so made, and he is so aggrieved, and within three
days after the verdict in the case, or after the order, ruling
or decree excepted to is made, if in a case not on trial, and
being examined and found conformable to the truth, shall
be allowed by the judge presiding at the court, unless for
good cause shown, further time, not to exceed five days, •

346

1859.— Chapter 196.

Trials not to be
delayefl by ex-
ceptions.

Truth of excep-
tions may be
proved.

Proceedings
thereafter.

Proviso.

la certain civil
actions of dama-
ges, &c., S. J. C.
to have original
and concurrent
jurisdiction.

shall be allowed by the court. And in all cases the adverse
party shall have opportunity to be heard concerning the
allowance of such exceptions.

And such exceptions shall be restored to the files of the
court within five days after the same are presented to the
judge, with a certificate under his hand, either allowing or
disallowing the same, unless the judge shall find that further
time, not to exceed ten days, be necessary for the above
purposes.

But in no case of exceptions shall the action be removed
from the superior court, but only the question to be deter-
mined.

Section 28. The trial of questions of fact shall not be
prevented or delayed by the filing or allowance of exceptions,
but the court shall proceed to the determination of such
questions as if exceptions had not been taken.

Sectfon 29. If the justice disallow or fail to sign and
return the exceptions, or alter any statement therein, and
either party be aggrieved, the truth of the exceptions pre-
sented may be established before the supreme judicial court
upon petition setting forth the grievance, and thereupon, the
truth thereof being thus established, the exceptions shall be
heard, and the same proceedings had as if they had been
duly signed and brought up to said court with tlie petition :
pruvided, that the allowance thereof shall not in any case
transfer the case from the superior court, but only the
question to be determined.

Section 80. The supreme judicial court shall have
original and concurrent jurisdiction with the superior court,
of all civil actions in which the damages demanded or prop-
erty claimed shall exceed in amount or value four thousand
dollars if brought in the county of 8utfolk, and one thousand
dollars if brought in any other county, if the plaintilf, or
some one in his behalf, before service of the writ, shall make
oath or affirmation before some justice of the peace that he
verily believes the matter sought to be recovered actually
exceeds in amount or value said sums respectively ; a cer-
tificate of which oath or affirmation shall be indorsed on or
annexed to the writ. And if any action at law Avhereof the
supreme court has original jurisdiction, is made returnable
to the superior court, the same may be removed to the
supreme court as actions may now be removed from the
court of common pleas to the supreme court : provided^
hoivever, that in any action brought originally in the supreme
court, or removed by consent therein, if the plaintiff shall
not recover three hundred dollars, he shall recover no cost.

1859.— Chapter 196. . 347

Section 31. The taking an appeal, or the allowance of security to stand
exceptions, shall not in any way affect any secnrity in any ment.""' ^" °'
case, either civil or criminal, either by bond, attachment or
otherwise, by or for any party, but the same shall stand till
final judgment in the superior court, as if no question had
been transferred to the supreme judicial court.

Section 32. The court may, at any time after verdict New trials or re-

1 , n • i , • ••li- i -lii Ti ports to S. J. C.

and beiore judgment in a civil action, set aside tlie verdict in civu actions.
and order a new trial, for any cause for whicli a new trial
may by law be granted ; or may report the case for deter-
mination by the supreme judicial court.

Section 33. The clerks shall, at the expense of the party copies of papers
appealing or taking exceptions, or at the expense of the reponedTa^serto
plaintiff if a case is reserved or reported, and at the expense cig^ks"''^^'^'^ ^^
of the Commonwealth in all criminal cases, prepare and
transmit to the supreme judicial court one copy of every
paper on file in the case, except papers used in evidence only,
and also one copy of all papers made part of the case or
referred to in the bill of exceptions, or report, or so much
thereof as may be necessary fully to present the question of
law, for the use of the chief justice, and like copies for the
clerk of the supreme judicial court, to be kept on file in said
court ; and one copy of the bill of exceptions, or report, or
papers upon whicli the question of law arises on appeal, for
each associate justice, and a like copy for each party and the
reporter of decisions. And in case any original papers used original papers to
in the trial of the cause, shall be needed in the supreme c^ when needed!
judicial court, they shall be transmitted to the clerk of said
court, to be by him kept on file until the rescript in such
action shall be sent down. And the expense of such copies Expense of cop-
aiid transmission shall be taxed in the bill of costs of the
prevailing party, if he shall have paid the same.

Section 34. When a question of law arises, at any term copies of excep-

r. ,1 • , 1 1 1 -ii i» i- tlons, &c., to be

01 the superior court, upon appeal, by bill oi exceptions or sent up within i6
reserved case, the copies and papers relating thereto shall, ^^^^'
within fifteen days after the adjournment of the court for
that term, without day, be transmitted to and entered in the
supreme judicial court as herein provided.

Section 35. The superior court may from time to time. Rules, when and
make rules for regulating the practice and conducting the ^o'^ t° ^^ '"''<J«-
business therein in all cases not expressly provided for by
law : provided^ that such rules be not repugnant to the laws
of the state. And it shall be the duty of the justices of
said court and the supreme judicial court to establish a
uniform code of rules for their respective courts before the
fir^st day of January next, to take effect on that day ; and

J. C, when held
Boston

Lenox.

348 . 1859.— Chapter 196.

until such code is established the rules of the court of
common pleas shall be the rules of the superior court in
actions and proceedings at law.
Law terms of s. SECTION 36. A law term of the supreme judicial court
shall be held at Boston on the first Wednesday of January of
each year, which term may be adjourned from time to time,
to such places and times as may be most conducive to the
dispatch of business and the interests of the public ; and
all questions of law, whether arising upon appeal, exception,
or otherwise, and from whichever court, shall be therein
entered and determined if the same arise in either of the
following counties : Essex, Suffolk, Middlesex, Norfolk, Ply-
mouth, Bristol, Barnstable, county of Dukes county or
Nantucket, and all questions of law in criminal cases.

And law terms of said court shall also annually be held
as follows :

At Lenox, within and for the county of Berkshire, on the
second Tuesday of September.
Northampton. ^t Northampton, in the county of Hampshire, and for the

counties of Hampshire and Franklin, on the Monday suc-
ceeding the second Tuesday of September ; at Springfield,
within and for the county of Hampden, on the fourth
Monday of September.
Worcester. ^^ Worccstcr, withiu and for the county of Worcester, on

the first Monday of October.
Questions of law And iu Said terms shall be entered and heard all questions
their^ respective of law arisiug in said judicial districts respectively, except
ed'.'&c*.*' ^"'''*' i'^ criminal cases : provided, nevertheless, tliat in any case,
in the supreme judicial court or superior court wlien sitting
in either of said counties, if all parties agree thereto in a
writing, to be filed in the case, the questions of law may be
entered and heard in the term at Boston as aforesaid ; and
provided, also, that if the judge before whom any action or
proceeding is tried in either of said courts, in which a
question of law is saved or in any manner arises for the
determination of the law court, shall certify that he deems
the exception or appeal frivolous or intended for delay
merely, or that the interests of the parties or the public
require a more speedy determination thereof than can be
attained in the terms established for the county in which the
trial is had, he may order the questions of law to be entered
and heard in the court at Boston ; and all the other proceed-
ings shall be the same as if the questions had arisen in one
of the counties first named in this section.
MnSnt iTere- SECTION 37. All laws applicable to the supreme judicial
with, to continue court uow cxistiiig, sliall contiuuc in force, so far as cpn-
'''^°'^'"- sistent herewith.

1859.— Chapter 196. 349

Section 38. All petitions for writs of error not issuable supreme judicial

„ . , . *. , , ., . . J court to issue spe-

as 01 right, certiorari, mandamus, prohibition and quo ivar- ciai writs return-
raw^^, and other special writs issuing according to the course coifrt. '° "'""''
of proceedings in equity, and all other writs and processes
to courts of inferior jurisdiction, corporations and individu-
als, that shall be necessary to the furtherance of justice and
the regular execution of the laws, and all questions arising
upon returns to writs of habeas corpus, except questions
under the provisions of the four hundred and eighty-ninth
chapter of the acts of the year eighteen hundred and fifty-
five, and acts in addition thereto, not issued to bring up a
party for the purposes of trial or as a witness, shall be pre-
sented to and heard by a justice of the supreme judicial
court, or by said court when such justice shall desire the
hearing to be adjourned before such court, or any question
of law shall arise thereon ; but the writ which may issue
shall be returned to, entered in, and proper process issued
from, and the record of the proceedings had thereon, made
in the court for such county as said justice or court shall by
rescript order.

Section 39. A majority or more of the justices of the Majority of jus-

. o 1 • 1111 ^"^^* 'o have full

supreme judicial court, for the time being, shall have the power.
same power and authority that a full court now has.

Section 40. There shall be a clerk of the supreme judi- cierk of supreme
cial court for the Commonwealth, who shall be appointed by Appointmentand
the supreme judicial court, and hold his office for five years tenure of office.
from his appointment, unless sooner removed in the manner
provided by law for the removal of clerks of courts by the
supreme judicial court. And the clerk of said court for the
county of Suffolk shall act as clerk of said court for the
Commonwealth until his successor is elected and qualified.
An assistant-clerk may be appointed by the supreme judicial Assistant-cierk
court, to hold his office for three years from the first Wed-
nesday of January next after his appointment, unless sooner
removed by the court, who shall be sworn to the faithful
discharge of his duties by some justice of the court, and who
shall receive an annual salary of fifteen hundred dollars, to
be paid quarterly from the treasury of the Commonwealth,
and at the same rate for any part of a year.

Section 41. The clerk shall be sworn to the faithful per- cierk to be
formance of his duties and trusts before some justice of said bond"' ^"^^ ^'^*
court, and give bond to the treasurer of the Commonwealth,
with sufficient surety or sureties, approved by such justice,
in the sum of two thousand dollars, for the faithful discharge
of such duties and trusts.
24

350 1859.— Chapter 196.

Duties of tbe SECTION 42. It shall be the duty of the clerk to attend

cl6rK

all sessions of the court, to preserve all the files and papers
thereof, to keep a docket record of all questions transferred
to, and all petitions, complaints or other process presented
to said court, entering thereon the name of the parties in
full, and the name of the counsel appearing in behalf of
either party, with a brief description of the kind of action
or proceeding ; to record thereon accurate minutes of all
orders, decrees or directions of the court in each case, and to
transmit forthwith to the clerks of courts, in the several
counties, all rescripts made or ordered by the court, together
with the papers which should be returned to the supreme
and superior court in each case ; and to receive and keep
safely all papers transmitted to him by the clerks of the
courts.

and'^recorci"*and ^ECTION 43. Tlic clcrk shall uiakc all copies of papers

issue of writs, ou file in Said court, and of the docket record thereof which
may be desired, and certify the same under the seal of the
court ; and issue such writs or other process as he may be

Fees, and dispo- dircctcd to do by the court : he may charge and receive the
same fees which are provided by law for like services for
clerks of courts, and when no express sum is fixed by law,
he shall charge and receive no more than a fair compen-
sation for the services required of him in analogy to like
services for which a compensation is fixed by law, except
that for entry upon the docket, the record, the transmission
of all necessary papers and the rescript in each case, he shall
receive one dollar and fifty cents : he shall annually, before
the last Wednesday of December, account with and pay over
to the treasurer ot the Commonwealth all fees received by

Salary of clerk. \\[m^ aud shall rcccive from said treasurer the sum of three
thousand dollars annually as his salary, to be paid to him
quarterly, and at the same rate for any part of a quarter.

Law cases to be SECTION 44. The clcrk shall enter all cases transmitted

cutcrsu bv clsrk

to him that become questions of law at the same term in
each county, in their order, in the court from which they
came, in the order of time, as nearly as may be, of the final
adjournment of the terms at which the questions arise ; and
if any special proceedings shall come before the supreme
judicial court from any court requiring entry, the clerk shall
enter the same, with the questions from such county, which
sliall be entered nearest the day of the inception of such
proceeding, and all entries shall be made forthwith upon
receipt of the papers.
tVbem'ade.'''''"' SECTION 45. All qucstious of law shall be in order for
argument within five days after their entry upon the docket

1859.— Chapter 196. 351

of the law court, and shall be argued when reached, in their
order, by either party who is ready to argue the same, unless
the court, for good cause shown, shall postpone the argument
of such question.

Section 46. At any time five days after the entry thereof. Precedence of

all criminal cases shall be in order for argument on such day ""^
in every month as the court may designate, at which time
all such cases shall have precedence ; and the argument
thereof shall be continued till such cases are disposed of ;
and no such case shall be postponed except for special cause
shown.

Section 47. The court may hear any cause ex parte ^ ment^"'^^' "^'^"
when a question is reached in the order of the docket and
only one party is ready for argument ; or if neither party is
ready for argument, a rescript may at once be sent down for
the eutry of neither party, or the case may be postponed for
special reasons assigned therefor ; but no case that has been
postponed shall be again in order for argument until all the
questions ready for argument shall have been argued, post-
poned or otherwise disposed of.

Section 48. The supreme judicial court shall, as soon as Rescript and
may be after the decision of the questions submitted to them, °p""°"-
send down such order, direction, judgment or decree, as may
be fit and proper for the further disposition of the cause, by a
rescript which shall also contain a brief statement of the
grounds and reason of the decision announced, and such
rescript shall be filed in the case. And if no further report
of the decision is written out within sixty days from the date
of such rescript, the reporter of decisions shall report the
case, with the opinion contained in such rescript.

Section 49. The supreme judicial court shall have power Rules of the court
and authority under this act, in addition to the power and ° ^^■^ ''■
autliority they now possess, to make all needful rules and
regulations for the dispatch of the business of the court, and
to frame a code of rules for proceedings in equity, to simplify
the proceedings, to discourage delays, and to lessen the
expenses and burdens of litigation, and to expedite the
decision of causes.

Section 50. The justices of the supreme judicial court Justice s. j. c.
shall, from time to time, by arrangement among themselves, for ^tt^^'^vt^
designate some one of their number whose duty it shall be <'i"''^i'-
to attend at some convenient place in Boston, at all con-
venient times, for the purpose of hearing matters in equity
cognizable by a single justice, and that will tend to a speedy
hearing and decision of equity causes. And he may by his Powers of same.
rescript make all proper and lawful decrees and orders, in

352

1859.— Chapter 196.

Equity judge to
hear questions of
law.

Rotation in
equity duties.

Cases now on law
docket, liow dis-
posed of.

Special session.

Precedence of
certain causes.

Repealing sec-
tion.

any equity suit in any county. And the original papers, in
any suit in equity, may be taken from the files in any county
by the counsel of record of either party, for use before the
supreme judicial court, or any justice thereof, upon leaving
a memorandum and receipt on such files, containing a short
description of the papers so taken : provided^ that nothing
herein contained shall prevent any justice of the supreme
judicial court, except in the county of Suffolk, from issuing
injunctions as he may now do by law.

Section 51. The justice, while so designated, shall sit in
the hearing of all questions of law coming before a majority
of the court in equity cases.

Section 52. No justice shall be designated to perform
the duties mentioned in the two preceding sections for more
than six months at any one time.

Section 53. All cases undisposed of upon the law docket
of the supreme judicial court for the several counties, on the
day on which this act takes full effect, shall be entered upon
the law docket of said court, for the Commonwealth, and
shall be first in order upon said docket, and the questions
shall be transferred and the papers and copies transmitted,
as herein provided, to the law docket of the court of law,
and shall be entered by the clerk of said court in the order
of the counties, in the order they now stand ; and the further
proceedings shall be according to the provisions of this act.
And said court may hold a special session at such time,
before the first day of January next, as the justices thereof
may think expedient, for the hearing of such questions.
And all appeals in equity shall be entered on a separate
docket in said law court in Boston.

Section 54. At any term of the superior court wherein
criminal business might be transacted, causes arising under
the provisions of an act entitled "An Act to protect the
rights and liberties of the people of the Commonwealth of
Massachusetts," and under the provisions of an act entitled
"An Act for the suppression of certain common nuisances,"
and under the provisions of an act entitled "An Act con-
cerning the manufacture and sale of spirituous and intoxi-
cating liquors," and the several acts in addition to each of
said acts, shall have precedence in the order said acts are
herein named, next after the causes of persons actually con-
fined in prison and awaiting trial.

Section 55. All laws and resolves establishing the court
of common pleas, the superior court of the county of Suf-
folk or the municipal court of the city of Boston, or giving
jurisdiction to said courts, except so far as may be necessary

1859.— Chapter 196. 353

that the same should be supported for the purposes of this act,
and all laws establishing the terms of the supreme judicial
court, except as herein provided, are hereby repealed from
the day this act shall take full effect. And if upon said day
any term of either of said courts shall be in session, or shall
have been adjourned to a future day, the remainder of said
term may be held by a justice of the superior court.

Section 56. Terms of the supreme judicial court shall Terms of supreme
be held by a single judge every year at the times and places Chen'to be^'hew!
following, viz. : For the county of Barnstable and Dukes
county, at Barnstable, on the first Tuesday of May : For the
county of Berkshire, at Lenox, on the second Tuesday of
May : For the county of Bristol, in alternate years at New
Bedford and Taunton, beginning at New Bedford on the
second Tuesday of November : For the county of Essex, at
Salem, on the first Tuesday of May : For the county of
Franklin, at Greenfield, on the second Tuesday of Septem-
ber: For the county of Hampden, at Springfield, on the
fourth Tuesday of April : For the county of Hampshire, at
Northampton, on the third Tue&day of April : For the county
of Middlesex, at Lowell, on tlie first Tuesday of May : For the
county of Nantucket, at Nantucket, on tlie first Tuesday of
July : For the county of Norfolk, at Dedham, on the third
Tuesday of February : For the county of Plymouth, at Ply-
mouth, on the second Tuesday of July, except in the year
eighteen hundred and fifty-nine : For the county of Suffolk,
at Boston, on the first Tuesdays of October and April : For
the county of Worcester, at Worcester, on the fourth Tues-
day of June.

And all processes except civil actions wdierein the property
sought to be recovered or the damage claimed in any county
except Suffolk, exceeds one thousand dollars, or in Suffolk,
exceeds four thousand dollars, and all appeals which shall
have been made returnable at any of the terms of the
supreme judicial court, as now established by law, shall be
returned to and have day in the terms of said court for the
proper county, as prescribed by this act.

Section 57. The clerk and assistant-clerk of the supreme cierk andassist-
court for the county of Suffolk shall continue to hold their county'^f Suffolk!
respective offices, and their places shall be filled by election
as now provided by law.

Section 58. Sections twenty-six, twenty-seven, twenty- certain sections
eight, thirty-two, thirty-three and thirty-four of this act, py^jrsupreme
shall apply to the supreme judicial court as well as the supe- judi"ai court.
rior court, so far as the same may be applicable.

Section 59. This act shall take effect, so far as the ap- Act to take ef-
pointing, commissioning and qualifying the justices of the ^'"'*' ^"^

354 1859.— Chapters 197, 198.

superior court are concerned, on the tenth day of May next ;
and it shall take full effect from and after the first day of
July next. Approved April 5, 1859.

Chap. 197 -^^ ^^^ ^^ ADDITION TO AN ACT TO INCORPORATE THE PROPRIETORS
^ '' OF THE CEMETERY AT MOUNT AUBURN.

Be it enacted, Sj'c, as follows :

ronve"*'\Th"r/ SECTION 1. Thc corporatiou known as the proprietors of
&c., of deceased thc ccmetery of Mount Auburn, may grant and convey to
tTonanots. '^ " the heirs at law, devisees or trustees of any deceased person,

any lot or lots, and additions to the same, in said cemetery,
Purpose, &c. foi" tlic purposc of burial, or of erecting tombs, cenotaphs

and other monuments in and upon the same to be held by

the grantees in accordance with the provisions of section

eight of the act creating said corporation.
May convey lots JSection 2. Said Corporation may grant and convey to
rated^bodies!"^^° ^iij otlicr Corporate body, its successors and assigns, any lot

or lots, and additions thereto for the purposes aforesaid,
Lots cbntaining whicli lot or lots, if coutaiuiug more than three hundred
^uare fe^t" ^^^ squarc fcct, may be represented by the president, treasurer,

or such other officers as may be designated by such corporate

body. Approved April 6, 1859.

1 Chap. 198 ^^ Act MAKING APPROPRIATIONS FROM

THE INCOME OF SEVERAL
TRUST FUNDS THEREIN MENTIONED, AND FOR OTHER PURPOSES.

Be it enacted, Sfc, as follows :
Appropriations SECTION 1. Thc sums hereinafter mentioned in this sec-

authorized.

tion are appropriated and shall be allowed and paid out
of the moiety of the income of the school fund applicable
to educational purposes, on the warrant of the governor, for
the year one thousand eight hundred and fifty-nine, including
also unpaid accounts of preceding years, that is to say :

Normal schools. For thc support of tlic four state normal schools, in
accordance with the provisions of the resolves of the year
one thousand eight hundred and fifty-five, chapter forty-
eight, and the resolves of one thousand eight hundred and
fifty-seven, chapter eighty-five, a sum not exceeding fourteen
thousand five hundred dollars.

Wdofeduca- ^^^ ^^^^ support of ouc or more agents of the board of

tion. education, in accordance with the provisions of the resolves

of the year one thousand eight hundred and fifty-seven,
chapter twenty-two, a sum not exceeding four thousand
dollars.

Teachers' insti- For tcachcrs' institutcs, in accordance with the acts of the
year one thousand eight hundred and forty-six, chapter
ninety-nine, the resolves of the year one thousand eight

1859.— Chapter 198. 355

hundred and fifty, chapter sixty-five, and tlie resolves of the
year one thousand eight liundred and fifty-two, chapter two,
a sum not exceeding four thousand two liundred and fifty
dollars.

For the support of state scholarships, in accordance with state schour-
the acts of the year one thousand eight hundred and fifty-
three, chapter one hundred and ninety-three, four thousand
eight hundred dollars.

For aid to attendants in the state normal schools, in Aid to attendants
accordance with the resolves of the year one thousand eight schools.
hundred and fifty-three, cliapter sixty-two, a sum not
exceeding four thousand dollars.

For the expenses of the secretary of the board of edu- oreSion°ex^-
cation, in accordance with the acts of the year one thousand pensesof.
eight hundred and forty-nine, chapter two hundred and
fifteen, section third, a sum not exceeding four hundred
dollars.

For expenses of the members of the board of education. Members board of

GflUCtltlOD ©X~

in accordance with the acts of the year one thousand eight peases of.'
hundred and thirty-eight, chapter fifty-five, a sum not
exceeding two hundred dollars.

For the support of certain Indian schools, in accordance Indian schools.
with the Revised Statutes, chapter twenty-three, section
sixty-eight, one liundred dollars ; in accordance with the
acts of the year one thousand eight hundred and thirty-
eight, chapter one hundred fifty-four, one hundred and
forty dollars ; in accordance with the resolves of the year
one thousand eight hundred and fifty-five, chapter thirty-five,
one hundred and sixty-five dollars ; in accordance with the
resolves of the year one thousand eight hundred and fifty-
six, chapter twenty-eight, one hundred and four dollars ;
chapter thirty-four, sixty dollars ; and in accordance with a
resolve of the year one thousand eight hundred and fifty-
nine, fifty dollars ; making in the aggregate six hundred
nineteen dollars.

For county associations of teachers, in accordance with ^i3*Jj.j''^^°°^*"
the acts of the year one thousand eight hundred and forty-
eight, chapter three hundred and one, a sum not exceeding
seven hundred dollars.

For the Massachusetts Teachers' Association, in accord- Magsachusetts
ance with the resolves of the year one thousand eight hun- soTiation.
dred and fifty-seven, chapter thirty-five, three hundred
dollars ; and in accordance with a resolve of the year one
thousand eight hundred and fifty-nine, chapter eight, three
hundred dollars.

356

1859.— Chapter 198.

American Insti-
tute of Instruc-
tion.

r

New England Fe-
male Medical Col-
lege.

Board of educa-
tion, printing, &c

Normal schools.

Secretary board
of education, sal-
ary.

Assistant-secre-
tary.

Indians' School
Fund, income,
how applied.

Todd Normal
School Fund,
income.

Rogers Book
Fund, income.

Charles River an d
Warren Bridges
Fund, how ap-
plied-

Repairs.

Draw-tenders.

Ilorse-lieeping.
Fuel and lights

For the American Institute of Instruction, in accordance
with the resolves of the year one thousand eight hundred
and fifty-five, chapter thirty-six, three hundred dollars.

For the New England Female Medical College, in accord-
ance with the resolves of the year one thousand eight hun-
dred and fifty-four, chapter eighty-five, one thousand dollars.

For postage, printing, advertising, stationery, meteoro-
logical observations, and all other incidental expenses of the
board of education, or of the secretary thereof, and also for
any contingent expenses of the normal schools, not otherwise
herein provided for, a sum not exceeding five thousand five
hundred dollars.

For the salary of the secretary of the board of education,
two thousand dollars.

For the salary of the assistant-secretary of the board of
education, one thousand five hundred dollars.

Section 2. The income of the Indians' school fund shall
be applied according to the provisions of the acts of the year
one thousand eight hundred and thirty-seven, chapter eighty-
five, section seven.

Section 3, The income of the Todd Normal School
Fund shall be paid to the treasurer of the board of education,
to be applied in such manner as shall be prescribed by said
board.

Section 4. The income of the Rogers Book Fund, shall
be expended in accordance with the conditions named by
the donor, in conformity with chapter two hundred and
fifteen of the acts of the year one thousand eight hundred
and fifty-seven.

Section 5. The sums mentioned in this section are
appropriated, and shall be allowed and paid out of the
Charles River and Warren Bridges Fund, for the year one
thousand eight hundred and fifty-nine, that is to say:

For repairs on said bridges and the buildings belonging
thereto, a sum not exceeding nine hundred dollars.

For the compensation of the draw-tenders on said bridges,
in conformity with an act of the year one thousand eight
hundred and fifty-nine, entitled " An Act concerning the
agent and draw-tenders of Charles River and Warren
Bridges," a sum not exceeding two thousand one hundred
dollars.

For horse-keeping, a sum not exceeding three hundred

dollars.

For gas, oil, fluid and fuel,
hundred dollars.

a sum not exceeding six

1859.— Chapters 199, 200, 201. 357

For incidental expenses, a sum not exceeding two hundred incidentals.
dollars.

Section 6. The sums mentioned in this section are Essex Bridge
appropriated, and shall be allowed and paid out of the pued. *"^ *^"
moneys arising from the tolls collected on the Essex Bridge,
for the year one thousand eight hundred and fifty-nine, that
is to say ;

For tiie salary of the agent of said bridge, the sum of one saiaryofageut.
hundred dollars.

For the compensation of the toll-gatherers and draw-tenders ^nWr^w^tlnd-
upon said bridge, a sum not exceeding five liundred dollars, ers.

For the repair and maintenance of said bridge, a sum not J^^^'JXnan'ie
exceeding two thousand dollars. And all moneys arising of bridge.
from the tolls on said bridge shall be paid into the state
treasury.

Section 7. In all cases for which no other provision is t"'^e"\^j'(j''ed°"o
made by law, the income or any surplus thereof of all funds principal fund,
belonging to, or in the custody of the Commonwealth, shall
be added to the principal.

Section 8. This act shall take effect from and after its

passage. Approved April Q, 1859.

An Act in relation to the carrying of dangerous weapons. Chop. 199

Be it enacted, ^'c, as follows :
The provisions of the first section of the one hundred and Provisions of law

1 applied to all ar-

nniety-lourth chapter of the acts of the year eighteen hun- tides of danger-
dred and fifty, entitled " An Act in relation to the carrying ""^^"^ tracer.
of Slung Shot," shall apply to persons arrested as set forth
in said act, who sliall be armed with or have on their persons,
metallic knuckles, billies or any other weapons of a like
dangerous character, the malicious use of which would
endanger life or limb. Approved April 6, 1859.

An Act relating to the attorney's fee in certain criminal QJidn. 200

PROSECUTIONS. ^'

Be it enacted, ^c, as follows :

So much of tlie fifteenth section of the two hundred and not^'ir^be f^-
fifteenth chapter of the acts of eighteen hundred and fifty- ciuded in wii
five, as provides that an attorney's fee of ten dollars, to be
paid to the attorney who appears for the government, shall
be taxed and allowed as part of the costs in each case where
a fine is imposed under said act, is hereby repealed.

Approved April 6, 1859.

An Act relating to returns of police justices. Chan 201

Be it enacted, Sfc, as follows : -*

Section 1. All justices of police courts shall make their Justices to make
annual returns to the secretary of the Commonwealth, in se° reury .'"'^'^^ "*

25

358

1859.— Chapter 202.

Secretary to
transmit same
to auditor.

Penalty.

the same manner and form as justices of the peace are
required to do by chapter two hundred eighty-nine of the
acts of eighteen hiuidred and fifty-two ; and the secretary
shall transmit said returns, as soon as received, to the
auditor, who shall examine and report upon the same to the
legislature.

Section 2. If any officer shall neglect or omit to make
the returns as required by this act, he shall forfeit the sum
of two hundred dollars, to be recovered by complaint in any
court competent to try the same. Approved April 6, 1859.

Corporators.

Power to con
struct railway,

Location.

Chan. 202 ^^ -'^CT to incorporate the LYNN AND BOSTON RAILROAD COM-
PANY.

Be it enacted, &)"c., as follows :

Section 1. Charles Porter, William W. Wheildon, E.
B. Phillips, Henry A. Breed, John Story, Benjamin Shurt-
leff, Moses F. Rogers, their associates and successors, are
hereby made a corporation, by the name of the Lynn and
Boston Railroad Company, with authority to construct,
maintain and use, by themselves or others, a railroad, with
single or double tracks, switches and turnouts, in and from
the town of North Chelsea to the city of Lynn, passing
through a portion of the town of Saugus lying on the Salem
and Boston turnpike, and through and over such streets and
highways in said towns and cities, as the mayor and alder-
men and selectmen thereof may respectively designate ; said
road commencing in the town of North Chelsea, or connect-
ing with the Chelsea Beach, Boston and Chelsea, or other
roads on said Salem and Boston turnpike, and continuing
over said turnpike to the city of Lynn, and through the
streets and highways of said city to the towjis of Swamp-
scott and Marblehead, and over such streets and highways
in said towns as the selectmen thereof may designate ; all
such points of departure, location and connection to be
fixed and determined by the mayor and aldermen of the
city and the selectmen of the towns respectively in which
the same may be ; to be accepted in writing by said corpo-
ration hereby established : provided, that before any location
is made through the streets and highways of said cities or
towns, or either of them, notice thereof shall be given to
the abutters thereon, and all others interested, by advertising
in the nearest newspaper, or by public posting thereof in
said cities or towns of the time and place when the mayor
and aldermen and selectmen, respectively, will meet to locate
said railroad, when any objection made thereto shall be
heard and considered.

Proviso.

1859.— Chapter 202. 359

Section 2. Said corporation hereby created, may enter fUJ^^^ "'^^^
upon and use the tracks of the Boston and Chelsea, Chelsea
Beach, and Middlesex Railroad Company, and the tracks of
any other railroad hereafter to be constructed in Chelsea, or
in that part of the city of Boston known as East Boston,
and over such streets and highways in the city of Chelsea
and Boston (East Boston) as the mayor and aldermen of
said cities may designate, upon and for such rates of com-
pensation as may be agreed upon ; or in case of disagreement
with either of said companies as to the mode of construction
or rates of compensation, the same shall be fixed by three
commissioners, to be appointed by the supreme judicial court,
the expenses of said commissioners to be fixed by the appoint-
ing power, and paid by the corporation hereby created.

Section 3. Said railroad shall be constructed on said constructed on

^ . ., „ , .'ii Salem and Bos-

Salem and Boston turnpike, so tar as may be practicable ton turnpike.
without detriment to other public travel, or on lands not
used by said corporation on either side of the same, with
authority to pass over such creeks, bays and streams as are
now passed over by said turnpike, with suitable bridges to
accommodate said railroad, and with such draws and pas-
sage ways therein as may be required for the ordinary navi-
gation of such streams or bays : provided, that a mutual ProTiso.
arrangement shall be made with said turnpike corporation
for the use of their travelled road or any part thereof; and
in case of disagreement, the whole matter of use and com-
pensation shall be determined by three commissioners, to be
appointed and paid in the manner provided in the preceding
section.

Section 4. Said corporation shall have authority to fix, Rates of fare.
from time to time, such rates of compensation for transport-
ing persons and property over their road as they may think
expedient : provided, such compensation shall not exceed Proviso.
two and a half cents per mile for any passenger transported
upon said road for more than four miles, but may send extra
cars at specified rates at any time ; and shall liave all the PriTiteges, re-
powers and privileges, and be subject to all the duties, lia- ^ "'^ '°°^'
bilities and restrictions, set forth in the forty-fourth chapter
of the Revised Statutes.

Section 5. The said road, and any extension thereof, Grade, &c.
shall be constructed and maintained in such manner and
upon such grade as the mayor and aldermen of said city of
Lynn and the selectmen of said towns, respectively, may in
their votes fixing and determining the routes thereof, pre-
scribe and direct; and if said railroad company shall deem
it expedient to alter the grade of any street or highway.

360 1859.— Chapter 202.

such alteration shall be made at the sole expense of said
corporation, and shall not be made, unless the same is first
assented to by the mayor and aldermen of said city, or the
selectmen of said towns respectively.

Repairs, &c. ISection 6. Said corporation shall maintain and keep in

repair such portions of the streets, highways and bridges
respectively, as shall be occupied by their track, and shall be
liable for any loss or injury that any person may sustain by
reason of carelessness, neglect or mismanagement of its
agents and servants, in the construction, management or
use of said railroad, and shall not incumber any portion of
said streets, highways or bridges, as are not occupied by
their said railroad, switches or turnouts ; and in case any
recovery shall be had against said city, or either of said
towns, by reason of any defect, want of repair or unauthor-
ized obstruction, said corporation shall be liable to refund
the same, together with all reasonable costs and expendi-
tures incurred in the defence of any suit or suits in which
recovery shall be had.

Horse-power SECTION 7. Said railroad shall bc Operated and usfid witli

horse-power only ; and the mayor and aldermen of said city
and the selectmen of said towns 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, within the limits of their respective
corporations.

Ttructing^track^! SECTION 8. If any pcrsou shall wilfully or maliciously
obstruct the said corporation in the use of their said railroad
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 imprisoned in the county
jail for a period not exceeding three months.

Penalty if corpo- SECTION 9. If Said Corporation, or its agents or servants,

ration obstruct. in-ipni ^ • ^ •

shall wiiiully obstruct any street or highway, or the passmg
of any carriage over the same, such corporation shall be
liable to a fine not exceeding five hundred dollars.
Capital $200,000. SECTION 10. The Capital stock of said corporation shall
Shares $100. uot cxcccd two huudrcd thousand dollars, to be divided
No shares issued i^to sliarcs of ouc hundrcd dollars each ; and no shares in
under par. |-|^q 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,
ute fee*! ""**' ^'" Section 11. Said corporation shall have power to pur-
chase and hold such real estate within such city or either of
said towns, as may be convenient or necessary, for the pur-

1859.— Chapter 202. 361

poses or management of said road, and may also purchase
the franchise and property of said Salem and Boston Turn-
pike Corporation, the proprietors whereof are hereby author-
ized to sell and transfer the same, and may have and exercise Privileges, re-
all the rights and privileges, and be subject to all the duties, '
restrictions and liabilities, of the original proprietors.

Section 12. Nothing in this act contained shall be con- Power of town
strued to prevent the authorities of said city or either of fte not impaired
said towns, or said turnpike corporation, 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.

Section 13. Said corporation is hereby authorized and |;°ul^°bondre4uTi
empowered to issue bonds for the purpose of constructing or to capital.
equipping their road, the amount thereof not to exceed the
amount of capital stock paid in, of the same kind, in the
same manner and upon the same terms, conditions and
restrictions, and to be approved, certified and recorded, and
secured in all respects, in the same way as the Cambridge
Railroad have been authorized by law to issue bonds.

Section 14. Said corporation shall be deemed a railroad '^°^^^^^ '^°°"''^
corporation, so far as to be subject to make such annual
returns to the legislature, as are or may be required by law,
but not to the other general provisions of law in relation to
railroad corporations.

Section 15. This act shall be void, so far as relates to Act void unless,
the right to construct said road, in either of said towns and
cities, unless the same shall be accepted by the selectmen of
such towns, or the mayor and aldermen of such cities, res-
pectively ; and unless said railroad shall be constructed
therein, on or before the first day of November, in the year
eighteen hundred and sixty ; and unless the act sliall be
accepted by said corporation, and ten per cent, of the capital
stock thereof shall be paid in within one year from the
passage of this act.

Section 16. At any time after the expiration of one year ^^^o^"?/^^"
from the opening for use of the tracks of said railroad in di.-contiDue track
any street or road in which the same may be located, as of'one jel'r^^'"'''
provided by its charter, the mayor and aldermen of said
cities, and the selectmen of said towns, respectively, may,
by a vote of the major part thereof, determine as to so much
of said track as is located within their respective limits,
that the same or any part thereof, be discontinued ; and
thereupon the location shall be deemed to be revoked, and
the tracks of said railroad shall forthwith be taken up and
removed, in conformity with such vote or order of said

362 1859.— Chapters 203, 204.

ProTiso. mayor and aldermen or selectmen : provided^ that such

taking up and removal shall be at the expense of said rail-
road corporation.
^o^'^ffiiTO ooo"un"* Section 17. The capital of the corporation hereby cre-
less, &c.' ated, shall be reduced to one hundred thousand dollars, if

they lease their road without equipment, or unless they
purchase the Salem and Boston Turnpike.

Section 18. This act shall take effect from and after its

passage. Approved April 6, 1859.

Chap. 203

An Act relating to farmers' clubs.

Be it enacted, ^'c, as follows :

Agents to be ap- SECTION 1. Thc sccrctary of the board of agriculture

tary'of wTof ^'^^Y appoiut ouc Or more suitable agents to visit various

agriculture. towus in this Commonwcalth, under the direction of the

board of agriculture, for the purpose of inquiring into the

methods and wants of practical husbandry, ascertaining the

adaptation of products to the circumstances of soil, climate

and markets, encouraging the establishment of farmers'

clubs, agricultural libraries and reading-rooms, and of

disseminating useful and valuable information by means of

Agents to make Iccturcs and othcrwisc ; and it shall be the duty of such

reports to secre- ^gents to make detailed reports annually in October, to the

secretary of the board of agriculture.
Privileges of SECTION 2. Eveiy farmers' club, properly organized by

"'"''^' the election of officers, and holding regular meetings of its

members, shall, upon application made in November of each
year to the secretary of the board of agriculture, receive
copies of the report of said board and of its other publica-
tions in proportion to the number of its members, and of
Duties of same, tlic applications SO made; and said farmers' clubs, receiving
such benefits from the State, shall, annually in October,
make returns to the secretary of the board of agriculture,
of the reports of committees, and of agricultural experiments
made by such clubs.
Appropriation for SECTION 3. A sum uot exceeding two thousand dollars is
purposes o t is j^gj^^jj^ placed at the disposal of the secretary of the board of
agriculture to carry out the provisions of this act.

Approved April 6, 1859.

Chap. 204 ^^ -^^'^ "^^ incorporate the boston and southern steamship

company.
Be it enacted, ^c, as follows :

Corporators. SECTION 1. Jamcs C. Convcrse, George C. Richardson,

Nathaniel Harris, Edward S. Tobey, Ezra Farnsworth, their
associates and successors, are hereby made a corporation by

1859.— Chapter 205. 363

the name of Boston and Southern Steamship Company, for Name.
the purpose of navigating the ocean by steam ; with all the Purpose,
powers and privileges, and subject to all the duties, restric-
tions and liabilities, set forth in the forty-fourth chapter of
the Revised Statutes.

Section 2. The said company are hereby authorized to Powers, &c
build, purchase, hold and convey one or more steamships,
and may therewith navigate the ocean between Boston, Mas-
sachusetts, and Charleston, in the state of South Carolina,
and Savannah, in the state of Georgia, either or all in any
order of succession ; and may enter into such contracts with
other persons as they may deem expedient, to run steam-
ships between such ports.

Section 3. The said company may hold personal property Per.-onai estate,
to an amount not exceeding four hundred thousand dollars.

Section 4. The number of shares into which the capital Number of shares

, -I o • ^ 1111 T'11 11 /.°' capital stock

Stock 01 said company shall be divided, and the amount oi to be fixed by by-
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 maybe deemed necessary
to accomplish the object of said company ; but no share shall
be assessed for a greater sum or sums in the aggregate, than
the amount of such shares, so determined and fixed as
aforesaid.

Section 5. If the said corporation shall not within one Act void unless
year from the passage of this act, have been organized and iz^^&'J.^ wuMn
have laid and collected an assessment or assessments to the ""^eyear.
amount of ten per cent, upon the capital stock, and shall not
within three years from the passage of this act, have placed
on the aforesaid route at least two steamships for the pur-
poses of said company, and shall not use the same for the
purposes in this act expressed, then this act shall become
null and void.

Section 6. No shares in the capital stock of said corpo- no shares issued

■*■ ^ under p&r.

ration shall be issued for a less sum or amount than the par
value of the shares first issued.

Section 7. This act shall take effect from and after its
passage. Approved April 6, 1859.

ChajJ. 205

An Act concerning the Middlesex railroad company.
Be it enacted, ^c, as follows:

Section 1. The mayor and aldermen of the city of Bos- city authorities
ton are hereby authorized to extend the location of the tracks rized°%r exteiTd
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

364 1859.— Chapter 206.

Railroad Company are hereby authorized to construct, main-
priviieges, re- talu aud usc, sucli tracks as may be located as above ; with

strictions, &c. ' i-mii- i

the same powers and privileges, and subject to the same
duties, liabilities and restrictions, in relation thereto, as if
they had been autliorized to be located by tbe act by which
Proviso. said company was incorporated : provided, that said location

shall be made and said tracks constrvicted within two years
from the passage of this act.

Section 2. This act shall take effect from and after its
passage. Approved April 6, 1859.

Chap. 206 ^^ -^^"^ ^^ ADDITION TO AN ACT TO PUNISH FRAUD BY THE SALE OF
ADULTERATED MILK, AND TO PROVIDE FOR SEALING MEASURES USED
IN THE SALE OF MILK.

Be it enacted, S^-c, as follows:
Inspectors to be SECTION 1. The luayor aiid aldermen of the several
appointe . cltics \i\ this Commonwcaltli shall, and the selectmen of the

several towns may, annually appoint one or more inspectors
Powers and du- of milk, wliosc duty it shall be to prosecute all violations of
*"'^' the law against the adulteration of milk, and who shall have

power to enter all places where milk is stored or kept for
sale, and whenever he has reason to believe the same in any
way adulterated, he shall take specimens of the same and cause
them to be analyzed or otherwise satisfactorily tested, the
result of which he shall preserve as evidence against the
parties complained of.
Eteled' *°''^"^' Section 2. Said inspectors shall keep an office and books,
for the purpose of recording the names and places of busi-
ness of all persons engaged in the sale of milk within their
respective limits ; and any person who shall presume to
engage in the business of selling of milk without first causing
his name and place of business to be recorded upon the
books of the inspector of milk, and his name legibly placed
upon all carriages used by him in the conveyance of milk.
Penalties. shall be subjcct to the same penalties as if convicted of the

adulteration of milk, as provided in the two hundred and
twenty-second cliapter of the acts of the year eighteen
hundred and fifty-six.
sworn*'*and*°ub! . ^^CTiON 3. luspcctors . appointed pursuant to the pro-
lish their ap- visioiis of scctiou first of this act, shall, before entering

pomtment. ^^^^^^ ^j^^ ^^^j^^ ^^ ^j^^.^ ^^^^^ ^^ ^^^^^^^ ^^ ^j^^ faitllful

enforcement of the provisions of this act, and shall also give
public notice of their appointment, by publishing the same
two weeks in some newspaper published in the city or town
in which they hold their place of business, and if no news-
paper is published in such town, by posting in public and

1859.— Chapters 207, 208. 365

conspicuous places in said town, two or more such notices ;
and they shall receive such compensation for their services compensation.
as the mayor and aldermen of the several cities, and the
selectmen of the several towns, shall determine.

Section 4. Milic shall be bought and sold by wine Regulations of
measure. All persons engaged in the sale of milk shall '^^^s"'^^-
annually, in the month of May, cause to be sealed by the
sealer of weights and measures in their respective cities and
towns, all vessels used by thetn in the sale or buying at
wholesale of milk, by wine measure ; and all cans used in ah vessels to be
the sale of milk shall be sealed by said sealer of weights and ^*"'^^^'
measures at a price not exceeding two cents each at the
amount which they severally hold by wine measure ; and Penalties.
any person who shall fail to comply with the provisions of the
law requiring all measures to be sealed, or shall sell or buy
at wholesale milk by any other measure than wine measure,
or shall sell adulterated or unwholesome milk, shall be held
guilty of a misdemeanor, and upon conviction thereof, by a
court of competent jurisdiction, shall forfeit to the use of
the complainant a sum not exceeding twenty dollars.

Section 5. No person shall offer for sale in this Com- Refuse feed miik
mon wealth, milk produced from cows fed upon the refuse Qf p'° ' '® •
breweries or distilleries, or any other substance which may
be deleterious to the quality of the milk, under a penalty of Penalty.
ten dollars for each offence. Approved April 6, 1859.

An Act to abolish the office of crier op the courts. ChaXf 207

Be it enacted, &fc., as follows :

Section 1, The office of crier of courts is hereby omce abolished.
abolished.

Section 2. The duties heretofore performed by criers of Duty to be per-
courts shall hereafter be performed by the clerks or assistant- oalJer. ^ ° *'"
clerks of the counties, or by the sheriffs or their deputies,
as the court may direct, without any additional compensation
to that now allowed to them by law.

Section 3. Any officer of the court may adjourn the court adjourned
court by order of the court. Approved April 6, 1859. ^ *°^ °

An Act to incorporate the trustees of the museum of com- Qhf.-yy 908

PARATIVE ZOOLOGY. -^ '

Be it enacted, §'c., as follows:

Section 1. The governor, the lieutenant-governor, the corporators.
president of the senate, the speaker of the house of repre-
sentatives, the secretary of the board of education, the
chief justice of the highest judicial court, ex officiis, and
Louis Agassiz and William Gray, together with Jacob Bige-
low, James Walker, George Ticknor, Nathaniel Thayer,

26

366

1859.— Chapter 209.

Title.

Power to hold
property.

Purpose and lo-
cation.

Endowment of
William Gray.

Condition of aid.

Certain vacan-
cies, how to be
filled.

Duties of trus-
tees.

Museum to be
free for public
inspection.

Samuel Hooper, Samuel G. Ward and James Lawrence, and
their successors, are hereby made a body politic and corpo-
rate, by the name of the " Trustees of the Museum of Com-
parative Zoology," with all the powers and privileges set
forth in the forty-fourth chapter of the Revised Statutes, so
far as the same are applicable to the purposes for which said
corporation is established, as hereinafter mentioned, and not
inconsistent with the provisions of this act.

Section 2. Said corporation may receive, hold, purchase
and possess real and personal property not exceeding three
hundred thousand dollars in value, to be used and improved
for the erection, support and maintenance of a Museum of
Comparative Zoology, at Cambridge, in this Commonwealth ;
and the sum of fifty-thousand dollars, heretofore contributed
ill aid of the Museum of Comparative Zoology, by William
Gray, shall be deemed to be part of the sum required to be
raised by private subscription for the said Museum as a con-
dition precedent to the payment by the Commonwealth to
said trustees of any part of the avails of the sales of land in
the Back Bay.

Section 3. The places of Louis Agassiz and William
Gray, whenever the same or either of them shall become
vacant by death, resignation or otherwise, shall be filled by a
concurrent vote of the senate and house of representatives ;
and the same course shall be afterwards adopted, when the
place of the successor of either of them shall become vacant ;
but any vacancy occasioned by the death, resignation or other-
wise of any of the other persons named in this act, (except
the members designated ex officiis^ or of the successors of
such persons, shall be filled, by election, by the whole board
of trustees, at meetings specially called for that purpose.

Section 4. The said trustees shall arrange, so far as may
be done, consistently with the interests of the institution, for
the distribution of duplicate specimens, by exchange or
otherwise, among other colleges and institutions of learning
in this Commonwealth and elsewhere. And the Museum
belonging to said trustees shall, at all reasonable times and
under reasonable regulations, be kept open to the public free
of charge.

Section 5. This act shall take effect from and after its

passage.

Approved April 6, 1859.

Chdf), 209 -^^ ^^^ CONCERNING THE DELIVERY OF FREIGHT TO CONNECTING
■^ ' RAILROADS.

Be it enacted, ^c, as follows :

Railroads to for- SECTION 1. Evcry railroad corporation shall promptly for-
othe^r connected Ward merchandise consigned, ordered or directed to be sent
roads. Qygr another road connecting therewith, according to the

1859.— Chapter 210. 367

directions contained thereon or accompanying the same.
And no railroad corporation shall receive and forward over Restriction,
its road any merchandise, consigned, ordered or expressly
directed, to be received and forwarded by a different route.

Section 2. Every railroad corporation which shall wil- Penalty.
fully violate the provisions of this act, shall forfeit for each
offence, the sum of one hundred dollars, to be recovered by
action of tort by any person or corporation injuriously
affected thereby : provided, the freight or expense of car- Proviso.
riage of such merchandise be paid or secured to the forward-
ing road. Approved April 6, 1859.

Chap. 210

An Act in relation to the back bay and the public garden in

THE city of boston.

Be it enacted, See, as follows. ■

Section 1. The boundary line between the cities of Bos- Boundary be-
ton and Roxburyis hereby altered and established as follows: and Roxbury
Beginning at a point where the present boundary line between ^'j^^r^dandestab-
the two cities intersects the easterly side of Avenue Number
VI., as laid down on the plan accompanying the third annual
report of the commissioners on Boston Harbor and Back
Bay, dated October thirty, eighteen hundred and fifty-four,
thence running by the said easterly side of said Avenue
Number VI., to the present boundary line near the mill-dam ;
and all that portion of land, flats or channels, easterly of the
line hereby established, is hereby annexed to and made a
part of said city of Boston in the county of Suffolk, and shall
constitute a part of ward nine, until a new division of the
wards : provided, that this act shall not affect the present Proviso,
apportionment for the choice of senators and representatives
to the general court, and of councillor.

Section 2. If tliere shall be within the limits of the ter- Boston not to
ritory hereby annexed to the city of Boston, any portion ow''neT^b/°Rox'^
which is owned by the city of Roxbury, the city of Boston ^"'■^■
shall not assess any taxes on such portion owned by Roxbury,
so long as it is so owned.

Section 3. The commissioners on the Back Bay are Back Bay com-
hereby authorized and required to fill up and complete, at up Mrtrfn il^nds!
the expense of the Commonwealth, so much of the street
next west of the public garden called Arlington Street, as
remains to be completed at the time of the passage of this
act, so that the said street shall be of the full width of eighty
feet ; and also the strip of land easterly of said street, which
was released by the Commonwealth to the city of Boston, by
indenture dated December eleventh, eighteen hundred and
fifty-six ; and no building shall hereafter be erected between Restriction.

368 1859.— Chapter 210.

Arlington and Charles Streets, except such as are expedient
Proviso. for horticultural purposes: provided, that nothing herein

contained shall render it unlawful to erect a city hall on the

public garden.
commissioriers of SECTION 4. For the Durposc of determininor a iust equiva-

3.'W9,rcl to D6 8.D* CT? •} x

pointed. lent to tlic citj of Boston, for the relinquishment hereby-

made of any rights the said city may now have to erect
buildings on the strip of land on Arlington Street, which
was conveyed to the city by the said indenture of December
eleventh, eighteen hundred and fifty-six, the governor of the
Commonwealth and the mayor of said city shall appoint
three commissioners, who shall make an award thereon ;
and the Commonwealth shall convey to the city of Boston
such portion of the land or flats in the Back Bay, belonging
to the Commonwealth, and upon such limitations and restric-
tions as the said commissioners shall order and direct, in
Supreme judicial Said award, as such equal equivalent; and if such commis-
ircase°&T'"'' sioners shall not be appointed within thirty days after this
act shall take effect, the supreme judicial court, upon the
representation of either party, and upon notice to the other,
shall appoint such commissioners.
Sewer to be con- SECTION 5. The commissioucrs on the Back Bay are
structed. authorized and required to construct all that part of the

main sewer, extending from Tremont Street in Boston to
Charles River, which is to be built by the Commonwealth, in
accordance with the tripartite indenture between the Com-
monwealth and the city of Boston and the Boston Water-
Power Company, dated December eleventh, eighteen hundred
and fifty-six.
Act to be accept- SECTION 6. Thc board of aldermen of the city of Boston
of Bosto^n. ^°^^^^ shall notify and warn the legal voters of the said city to meet
in their respective wards on some day within thirty days
from the date of the passage of this act, for the purpose of
giving their votes " yes " or " no " in answer to the question,
" Are you in favor of accepting an act of the legislature of
eighteen hundred and fifty-nine, entitled ' An Act in relation
to the Back Bay and the Public Garden in the city of Bos-
ton: ' " and the votes shall be received, sorted and counted,
and declaration made thereof in tlie same manner as votes
at other elections ; and the mayor and aldermen shall trans-
mit to the secretary of the Commonwealth, within seven days
after said meetings, a true return of the votes in the affirmative
and negative : and if it shall appear that a majority of the
votes are in favor of the acceptance of this act, then it shall
be considered as binding in all its provisions, alike upon the
Commonwealth of Massachusetts and the city of Boston, and

1859.— Chapters 211, 212. 369

shall have full force and effect : but if a majority of the votes
are against the acceptance of this act, then it shall be null
and void, and the secretary shall give public notice accord-
ingly.

Section 7. The preceding section, authorizing and direct-
ing the submission of this act to the legal voters of Boston,
shall take effect from and after the passage of this act.

Approved April 6, 1859.

An Act concerning faneuil hall market, in boston. Chap. 211

Be it enacted^ ^c, as follows :

Section i. The city of Boston shall make no by-law, J^Xt^^bes^o'id
ordinance or regulation, excluding from the occupation of on street stands

-, P . IT ., /> T-i •^ TT 11 nV 1 J. • around Faneuil

street stands within the limits oi J^ aneuil Mali Market, in iiaii Market, un-
said city, as the same are, or may be defined in the city stTictiw'" ^^'
ordinance^., for the sale of fresh provisions and perishable
produce, .pny persons taking such stand for the sole purpose
of selling such fresh provisions or perishable produce, pro-
vided tlie same are the product of the farm of the person
offering them for sale, or of some farm within ten miles of
the residence of such person ; or arc to be sold at wholesale
only, by the party offering the same for sale on commission,
for, or as agent for some person or persons not residing or
having a usual place of business within eight miles of said
market ; or are meats to be sold at wholesale only, by the
person who slaughtered the animals of which the same was
a part.

/Section 2. The said city shall make no by-law, ordi- no prohibition
/yiiance or regulation, prohibiting the occupation oi stands ton during cer-
^ within said limits, and the sale of fresh provisions and ^e" day, "^x-
perishable produce, by the persons herein before mentioned, cept, &c.
between the hours of four o'clock in the afternoon and the
time of closing said market at night, or before ten o'clock in
the forenoon, except on Sunday and holidays. /

Section 3. Any existing by-laws, ordinances or regtfla- Repeal except,
tions inconsistent herewith are hereby repealed ; but this
act shall not be construed to repeal or prevent reasonable
rules of police, needful for the decorum, convenience and
good order of the market, and those who buy and sell —

therein. Approved April 6, 1859.

An Act in addition to the act to change the organization of Chap. 212

THE BOARD OF OVERSEERS OF THE UNIVERSITY AT CAMBRIDGE.

Be it enacted, ^c, as follows:

Section 1. All elections to fill vacancies in the board of vacancies to be
overseers of Harvard college, shall hereafter be by concur- tire. ^ ^^''^'
rent vote of the two branches of the general court.

370

1859.— Chapter 213.

Outgoing mem-
bers to remain
in office two
months.

Act to be accept-
ed.

Proviso.

Section 2. The members of said board of each of the
outgoing classes, shall continue in office for two months
after the day of the annual meeting of the general court,
notwithstanding that their successors may have been sooner
chosen.

Section 3. This act shall be in force when the board of
overseers and the president and fellows of Harvard college,
respectively, at meetings held for that purpose, prior to the
first day of February next, shall by vote have assented to
the same : provided^ that nothing herein contained shall be
deemed to prejudice any constitutional powers which may be
possessed by the general court. Approved April 6, 1859.

Board of asse.es-
ors. how consti-
tuted and elect-
ed.

Chap. 213 Ax Act in addition to "an act to establish the city of lynn."

Be it enacted^ §'c., as follows :

Section 1. The board of assessors shall consist of three
persons, to be selected from the city at large, and shall be
elected by the qualified voters, at their annual meeting held
in their respective wards, in the manner following, to wit :
on the second Monday of December, in the year one thou-
sand eight hundred and fifty-nine, there shall be elected one
person who shall hold the office of assessor for one year, one
for two years, and one for three years ; and there shall be
elected on the second Monday of December of each year
thereafter, one person who shall hold the office of assessor
for three years ; and the said voters of each ward shall at
the same time elect, by ballot, one person residing in their
said ward, as an assistant-assessor, to aid said board in the
valuation of property in their respective wards, who shall
hold the office of assistant-assessor for one year.

Section 2. The mayor shall be, ex officio^ chairman of
the overseers of the poor of said city.

Section 3. All acts and parts of acts in relation to said
city, which are inconsistent with the provisions of this act,
are hereby repealed.

Section 4. This act shall not go into operation until a
majority of the citizens voting thereon by yea and nay, and
by ballot, shall accept the same at meetings held simultane-
ously in the several wards, upon notice duly given, at least
seven days before the time of said meetings, and within sixty
days after the passage of this act, at which meetings the
polls shall be kept open at least six hours, and the check
lists sliall be used as at the election of state and city officers ;
and if this act shall be so accepted, it shall take effect from
and after its acceptance as aforesaid. Approved April 6, 1859.

AsEistant-asEess-
ors.

Chairman over
Beers of poor.

Repeal.

Act to be void
unless accepted
by legal voters.

1859.— Chapters 214, 215, 216, 217. 371

An Act in addition to an act to establish the state indus- QJ^Q^y^ 01 4

TRIAL SCHOOL FOR GIRLS. -* '

Be it enacted, §t., as follows :

Section 1. The trustees of the state industrial school ^j^edto'cre^t^ad-'
for girls are hereby authorized and empowered to expend aitionai buud-

„ *', , , iij.il x-ii '"S" ^'"'i certain

any sums 01 money donated or bequested to them lor the fuuds.
purpose, in erecting one or more houses or other buildings,
upon the lands of the Commonwealth, at Lancaster, for the
purpose of increasing the accommodations of said school:
provided, hoivever, that plans of such proposed buildings Proviso,
shall first be submitted to and approved by the governor and
council ; and provided, further, that the whole number of
houses to be erected on tlie grounds of the institution shall
not exceed six.

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

passage. Approved April 6, 1859.

An Act relative to coroners' and fire inquests. Chap. 215

Be it enacted, Sfc, as follows:

No coroner's inquest or fire inquest shall be held, unless inquests prohib-
the coroner or justice shall be first authorized in writing to thorized in^w^it-
hold the same, either by the attorney-general of the Com- "'^•
monwealth, the attorney of the district, the mayor or chief
of police of the city, or the selectmen of the town in which
a fire shall occur or a dead body shall be found : and such
written authority shall be annexed to the return in the case.

Approved April 6, 1859.

An Act fixing the salaries of district-attorneys. Chap. 216

Be it enacted, §'c., as follows :

Section 1. Annual salaries shall be paid out of the salaries estab-
treasury, to the district-attorneys for the several districts as
follows: For the northern, eastern, southern, middle, south-
eastern and western districts, twelve hundred dollars each ;
and for the north-western district one thousand dollars.

Section 2. This act shall take effect on the first day of
January in the year eighteen hundred and sixty.

Approved April 6, 1859.

An Act to authorize the town of Brighton to pay certain Chap. 217
persons for tending draw-bridges. ■^'

Be it enacted, Sj'c, as follows :

The inhabitants of the town of Brighton are hereby Cambridge and

, . , , , . 1 Watertown turn-

authorized to pay any expenses which have been incurred pike.

by certain persons of said town, for tending the draw-
bridges, and keeping in repair the road leading from Cam-
bridge to Watertown, known as the Cambridge and Water-
towu turnpike, for the past two years. Approved April 6, 1859.

lished.

372

1859.— Chapters 218, 219, 220.

Chap. 218

An Act to amend the sixty-ninth and the one hundred and
sixty-fifth chapters op the acts of the year eighteen
hundred and fifty-eight.

Be it enacted, ^c, a.s follows :
Monthly bank re- SECTION 1. The first sectioii of the sixtj-iiinth chapter

of the acts of the year eighteen hundred and fifty-eight,
amended^' '^^^^' entitled " An Act to increase the amount of Specie in the

Commonwealth," is hereby amended by striking out the

words " not bearing interest," and inserting in the place

thereof, the words " payable on demand."
Chap 165, 1858, SECTION 2. The One hundred and sixty-fifth chapter of

amended. , r. ,i -i i iiir-n -ii-

the acts ot the year eighteen hundred and nity-eight, is
hereby amended by striking out the words " not bearing
interest," and inserting in place thereof, the words " payable
on demand."

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

passage. Approved April 6, 1859.

Chap. 219 -^^ ^^^ RELATING TO BILLIARD ROOMS AND BOWLING ALLEYS.

Be it enacted, §"c., as follows :
Costs of prosecu- SECTION 1. Thc sccoud scctioii of the four hundred and
naity. twcnty-nintli chapter of the acts passed in the year one

thousand eight hundred and fifty-five, is hereby so far

amended as to include in addition to the penalty therein

prescribed, the costs of prosecution.

Section 2. This act shall take effect upon its passage.

Approved April 6, 1859.

Chap. 220 -^^ ■^^'^ ^*-* APPORTION AND ASSESS A TAX OF TWO HUNDRED NINETY-
"' NINE THOUSAND, NINE HUNDRED AND NINETY-FOUR DOLLARS.

Be it enacted, ^'c, as follows :

ti^'btfasse^sslcT"^ Section 1. Each town and city in this Commonwealth
shall be assessed and pay the several sums with which they
stand respectively charged in the following schedule ; that
is to say :

SUFFOLK COUNTY.

Boston, . .
Chelsea, . .
North Chelsea,

Ninety-eight thousand six hundred ninety-
four dollars,

One thousand seven hundred sixty-one-
dollars,

Three hundred ninety dollars, . . . .

198,694 00

1,761 00
390 00

$100,845 00

1859.— Chapter 220.

ESSEX COUNTY.

373

Amesbury, . .

Five hundred seventy-six dollars, . . .

$576 00

Andover, . . .

One thousand six hundred eleven dollars.

1,611 00

Beverly, . . .

One thousand one hundred fifty-five dol-
lars,

1,155 00
279 00

Boxford, . . .

Two hundred seventy-nine dollars, . .

Bradford, . . .

Two hundred four dollars,

204 00

Danvers, . . .

One thousand seven hundred forty-nine
dollars,

1,749 00
336 00

Essex, ....

Three hundred thirty-six dollars, . . .

Georgetown, . .

Three hundred ninety-three dollars, . .

393 00

Gloucester, . .

One thousand three hundred twenty-six
dollars,

1,326 00
222 00

Groveland, . .

Two hundred twenty-two dollars, . . .

Hamilton, . .

Two hundred thirty-one dollars, . . .

231 00

Haverhill, . .

One thousand two hundred fifteen dollars,

1,215 00

Ipswich, . . .

Five hundred seventy-three dollars, . .

573 00

Lawrence, . .

Two thousand nine hundred seventy-six-
dollars,

2,976 00
2,319 00

Lynn, ....

Two thousand three hundred nineteen
dollars,

Lynnfield, . .

One hundred eighty-six dollars, ....

186 00

Manchester, . .

Two hundred eighty-two dollars, . . .

282 00

Marblehead, . .

One thousand one hundred seven dollars.

1,107 00

Methuen, . . .

Five hundred sixty-one dollars, ....

561 00

Middleton, . .

One hundred fifty-nine dollars, ....

159 00

Newbury, . . .

Three hundred forty-eight dollars, . . .

348 00

Newburyport, .

Two thousand seven hundred ninety
dollars,

2,790 00

Rockport, . . .

Four hundred eleven dollars, ....

411 00

Rowley, . . .

Two hundred forty-three dollars, . . .

243 00

Salem, ....

Six thousand six hundred seventy-two
dollars,

6,672 00
552 00

Salisbury, . .

Five hundred fifty-two dollars, ....

27

374

1859.— Chapter 220.

ESSEX COUNTY— Continued.

Saugus, . . .

Two hundred seventy-three dollars, . .

$273 00

Topsfield, . . .

Two hundred fifty-two dollars, ....

252 00

Wenham, . . .

Two hundred four dollars,

204 00

West Newbury,

Three hundred eighteen dollars, . . .

318 00

129,523 00

Acton, .

Ashby, .

Ashland,

Bedford,

Billerica,

Boxborough,

Brighton, .

Burlington,

Cambridge,

Carlisle, .

Charlestown,

Chelmsford,

Concord, .

Dracut,

Dunstable,

Frammgham,

Groton, . .

HoUIston, . .

Hopkinton, .

MIDDLESEX COUNTY.

Two hundred ninety-seven dollars,
Three hundred six dollars, . .
Two hundred thirty -four dollars.
One hundred ninety-two dollars.
Four hundred forty-one dollars, .
One hundred twenty-three dollars,
Eight hundred sixteen dollars, .
One hundred fitty dollars, . . .

Five thousand one hundred ninety-six

dollars, " . . .

One hundred sixty-eight dollars, . .

Four thousand three hundred ninety-eight

dollars,

Five hundred one dollars,

Six hundred forty-two dollars, . ,
Three hundred seventy-two dollars,
One hundred eighty-three dollars.
Nine hundred eighty-four dollars.
Seven hundred twenty dollars, .
Four hundred fifly-nine dollars, .
Five hundred ten dollars, . . .

$297 00
306 00
234 00
192 00
441 00
123 00
816 00
150 00

5,196 00
168 00

4,398 00
501 00

642 00

372 00

183 00

984 00

720 00

459 00

510 00

1859.— Chapter 220.
MIDDLESEX COUNTY— Continued.

375

Lexington,

Lincoln, .

Littleton, .

Lowell,

Maiden, .

Marlborough,

Medford, .

Melrose, .

Natick,

Newton, .

Pepperell,

Reading, .

Sherborn, .

Shirley,

Somerville,

S. Reading,

Stoneham,

Stow, . .

Sudbury, .

Tewksbury,

Townsend,

Tyngsborougl

h •

Waltham, .

"Watertown,

Way land, .

W. Cambridg

e, .

Five hundred ninety-seven dollars, .

Two hundred forty dollars, . . .

Two hundred forty-six dollars, . .

Eight thousand six hundred sixteen dollars.

Nine hundred dollars,

Six hundred forty-two dollars, ....

One thousand two hundred eighteen dol-
lars,

Two hundred seventy dollars, ....

Five hundred twenty-eight dollars, . . .

One thousand five hundred eighty-seven

dollars,

Three hundred ninety-six dollars, .

Six hundred six dollars, ....

Two hundred seventy dollars, . .

Two hundred ninety-four dollars, .

One thousand thirty-five dollars.

Four hundred twenty-three dollars,

Three hundred three dollars, . .

Three hundred twenty-seven dollars,

Four hundred sixty-five dollars, . .

Three hundred eighteen dollars, . .

Four hundred fifty dollars, . . .

Two hundred forty-six dollars, . .

One thousand three hundred ninety-five
dollars

One thousand one hundred forty-six dol-
lars,

Two hundred fifty-eight dollars, ....

Eight hundred twenty-five dollars, . . .

$597 00
240 00
246 00

8,616 00
900 00
642 00

1,218 00
270 00

528 00

1,587 00
396 00

606 00

270 00

294 00

1,035 00

423 00

303 00

327 00

465 00

318 00

450 00

246 00

1,395 00

1,146 00
258 00

825 00

376

1859.— Chapter 220.

MIDDLESEX COUNTY— Continued.

Westford, . . .

Four hundred fourteen dollars, ....

mU 00

Weston,- ^ . .

Three hundred sixty dollars,

360 00

Wilmington, . .

Two hundred ten dollars,

210 00

Winchester, . .

Three hundred forty-two dollars, . . -

342 00

Woburn, . . .

One thousand eight dollars,

1,008 00

m2,627 00

Ashburnham,

Athol, . .

Auburn, .

Barre, . .

Berlin,

Blackstone,

Bolton,

Boylston, .

Brookfield,

Charlton,

Clinton,

Dana, .

Douglas,

Dudley,

Fitchburg,

Gardner, .

Grafton, .

Hardwick,

WORCESTER COUNTY.

Three hundred seventy-five dollars.
Three hundred sixty-nine dollars.
Two hundred sixteen dollars.
Seven hundred forty-one dollars.
One hundred fifty dollars, . . .
Nine hundred thirty-six dollars, .
Two hundred seventy-nine dollars,
Two hundred thirty-four dollars,
Three hundred forty-eight dollars.
Four hundred ninety-eight dollars.
Four hundred eighty-nine dollars.
One hundred twenty-six dollars.
Three hundi-ed seventy-eight dollars.
Three hundred forty-two dollars.
One thousand ninety-five dollars.
Three hundred nine dollars, , ,
Seven hundred forty-seven dollars.
Four hundred twenty^six dollars.

•

1375 00

. . .

m9 00

. . .

216; GO

741 m

150 00'

936 00)

279 00

234 00

. . .

348 OO

498 00-

480 00)

126 OOi

rs, . .

378 00^

342 00

1,095 00

. . .

309 00

, . .

747 00

426 00

1859.— Chapter 220.
WORCESTER COUNTY— Continued.

377

Harvard, .
Holden, .
Hubbardston,
Lanccister,
Leicester, .
Leominster,
Lunenburg,
Mendon, .
Milford, .
Millbury, .
New Braintree, .
North Brookfield,
Northborough, .
Northbridge,
Oakham, .
Oxford,
Pax ton,
Petersham,
Phillipston,
Princeton,
Royalston,
Rutland, .
Shrewsbury,
Southborough,
Southbridge, .
Spencer, . .

Three hundred ninety-six dollars, .
Four hundred seventeen dollars.
Three hundred fifty-four dollars,
Three hundred fifty-four dollars,
Six hundred thirty dollars, . . .
Six hundred seventy-eight dollars, .
Three hundred twenty-seven dollars,
Three hundred fifty-one dollars, . .
Seven hundred tw^enty-nine dollars.
Five hundred forty-six dollars, . .
Two hundred seventy-three dollars.
Three hundred sixty-six dollars, . .
Three hundred thirty-six dollars,
Three hundred sixty-six dollars, . .
Two hundred twenty-eight dollars, .
Five hundred sixteen dollars, . .
One hundred sixty-five dollars, . .
Four hundred eleven dollars, . . .
One hundred ninety-eight dollars, .
Three hundred twenty-seven dollars.
Four hundred fourteen dollars, . .
Two hundred seventy-three dollars,
Four hundred twenty dollars, . .
Three hundred twenty-one dollars, .

Six hundred dollars,

Four hundred fifty-six dollars, . .

$396 00

417 00

354 00

354 00

630 00

678 00

327 00

351 00

729 00

546 GO

273 00

366 00

336 00

366 00

228 00

516 00

165 00

411 00

198 00

327 00

414 00

273 00

420 00

321 00

600 00

456 00

378

1859.— Chapter 220.

WORCESTER COUNTY— Continued.

Sterling, . . .

Four hundred twenty dollars, . .

$420 00

Sturbridge, . .

Four hundred fifty dollars, . . .

450 00

Sutton, . . .

Five hundred twenty-five dollars, .

525 00,

Templeton, . .

Four hundred seventy-seven dollars,

477 00

Upton, . . .

Three hundred forty-two dollars.

342 00

Uxbridge, . .

Five hundred ninety-four dollars, .

594 00

Warren, . . .

Three hundred sixty-nine dollars, .

369 00

Webster, . . .

Four hundred thirty-eight dollars, .

438 00

West Boylston, .

Two hundred ninety-seven dollars, .

297 00

West Brookfield,

Two hundred eighty-five dollars,

285 00

Westborough, .

Four hundred twenty dollars, . .

420 00

Westminster,

Three hundred ninety-nine dollars.

399 00

Winchendon,

Five hundred seven dollars, . . .

507 00

Worcester, . .

Five thousand six hundred one dollars, .

5,601 00

$29,634 00

HAMPSHIRE COUNTY.

Amherst, . .
Belchertown,
Chesterfield, .
Cummington,
Easthampton,
Enfield, . .
Goshen, . .
Granby, . .
Greenwich, .

Six hundred twenty-one dollars.
Four hundred sixty-five dollars.
Two hundred four dollars, . . .
Two hundred ten dollars, . . .
Two hundred twenty-five dollars.
Two hundred thirty-four dollars.

Ninety-six dollars,

Two hundred ten dollars, . . .
One hundred forty-four dollars, .

$621 00
465 00
204 00
210 00
225 00
234 00
96 00
210 00
144 00

1859.— Chapter 220.

HAMPSHIRE COUNTY— Continued.

379

Hadley, . . .

Four hundred seventy-seven dollars, . .

$477 00

Hatfield, . . .

Three hundred fifty-seven dollars, . . .

357 00

JIuntington, . .

One hundred thirty-five dollars, ....

135 00

Middlefield, . .

One hundred sixty-two dollars, ....

162 00

Northampton, .

One thousand three hundred eleven dollars,

1,311 00

Pelham, . . .

One hundred twenty-nine dollars, . . .

129 00

Plainfield, . .

One hundred fifty-six dollars, ....

156 00

Prescott, . . .

One hundred thirty-five dollars, ....

135 00

South Hadley, .

Three hundred seventy-eight dollars, . .

378 00

Southampton, .

Two hundred ten dollars,

210 00

Ware, ....

Six hundred twenty-four dollars, . . .

624 00

Westhampton, .

One hundred twenty dollars,

120 00

Williamsburg, .

Three hundred forty-five dollars, . . .

345 00

Worthington,

Two hundred forty-nine dollars, . . ' . .

249 00

$7,197 00

Blandford,
Brimfield, .
Chester, .
Chicopee, .
Granville,
Holland, .
Holyoke, .
Longmeadow,
Ludlow, . .

HAMPDEN COUNTY.

Two hundred eighty-eight dollars, . .

Three hundred fifty-one dollars, . . .

. Two hundred forty-six dollars, . . .

One thousand eight hundred six dollars,

Two hundred nineteen dollars, . . .

Eighty-one dollars,

Nine hundred sixty-six dollars, . . .
Four hundred twenty-three dollars.
Two hundred forty-three dollars, . .

$288 00
351 00
246 00

1,806 00
219 00
81 00
966 00
423 00
243 00

380

1859.— Chapter 220.

HAMPDEN COUNTY— Continued.

Monson, . ,

Montgomery,

Palmer,

Russell,

Southwick,

Springfield,

Tolland, .

Wales, . .

W. Springfield, .

Westfield, . .

Wilbraham, . .

Four hundred ninety-five dollars, . . .

Eighty-four dollars,

Six hundred sixty-nine dollars, . . . .

Ninety-three dollars,

Two hundred seventy-nine dollars, . . .

Three thousand three hundred thirty dol-
lars,

One hundred eight dollars,

One hundred twenty-three dollars, . . .

Eight hundred forty dollars,

Eight hundred fifty-two dollars, . . . .

Four hundred eighty dollars,

FRANKLIN COUNTY.

Ashfield, .

Bernardston,

Buckland,

Charlemont,

Colrain,

Conway,

Deerfield,

Erving,

Gill, .

Greenfield,

Hawley, .

Heath, . .

Two hundred eighty-eight dollars,
Two hundred one dollars, . . .
One hundred sixty-eight dollars,
Two hundred one dollars, . . .
Three hundred forty-five dollars,
Three hundred sixty-three dollars.
Five hundred forty dollars, . .
Eighty-seven dollars, ....
One hundred fifty-six dollars.
Five hundred sixty-seven dollars.
One hundred fifty dollars, . . .
One hundred forty-one dollars, .

$495 00

84 00

669 00.

93 00

279 00

3,330 00
108 00

123 00

840 00

852 00

480 00

$11,976 00

$288 00
201 00
168 00
201 00
345 00
363 00
540 00
87 00
156 00
567 00
150 00
141 00

1859.— Chapter 220.

FRANKLIN COUNTY— Continued.

381

Leverett, . . .

One hundred fifty dollars, . . .

1150 00

Leyden, . . .

One hundred eight dollars, . .

108 00

Munroe, . . .

Thirty-three dollars,

33 00

Montague, . .

Two hundred fifty -two dollars, .

252 00

New Salem, . .

Two hundred twenty-five dollars.

225 00

Northfield, . .

Three hundred ninety dollars, .

390 00

Orange, . . .

Three hundred sixty-six dollars.

366 00

Rowe, ....

One hundred seventeen dollars, .

117 00

Shelburne, . .

Two hundred forty-nine dollars, .

249 00

Shutesbury, . .

One hundred sixty-eight dollars.

168 00

Sunderland, . .

One hundred sixty-eight dollars.

168 00

Warwifk, . . .

Two hundred thirty-seven dollars.

237 00

Wendell, . . .

Two hundred ten dollars, . . .

210 00

Whately, . . .

Two hundred thirty-seven dollars,

237 00

$6,117 00

BERKSHIRE COUNTY.

Adams,

Alford, .

Becket,

Cheshire, .

Clarksburg,

Dalton,

Egremont,

Florida, .

Gt. Barringto

n, .

Nine hundred sixty-nine dollars.
One hundred seventeen dollars, .
One hundred eighty-nine dollars.
Two hundred eighty-two dollars.

Fifty-seven dollars,

Two hundred thirty-seven dollars,
Two hundred forty-three dollars,
Eighty-four dollars,

Six hundred ninety-three dollars,
_

1969 00
117 00
189 00
282 00

57 00
237 00
243 00

84 00
693 00

382

1859.— Chapter 220.

BERKSHIRE COUNTY— Continued.

Hancock, . . .
Hinsdale, . . .
Lanesborough, .
Lee, . . . .
Lenox,

Monterey, . .
Mt. Washington,
New Ashford, .
New Marlboro', .
Otis, . .
Peru, . .
Pittsfield, .
Richmond,
Sandisfield,
Savoy, . .
Sheffield, .
Stockbridge,
Tyringham,
Washington,
W. Stockbridge,
Williamstown, .
Windsor, . , .

One hundred eighty-six dollars, . .
Two hundred twenty-two dollars, .
Two hundred seventy-three dollars,
Five hundred forty-six dollars, .
Two hundred eighty-five dollars.
One hundred twenty-three dollars,

Fifly-one dollars,

Fifty-one dollars,

Two hundred ninety-one dollars.
One hundred eighty-nine dollars.
One hundred eight dollars, . .

One thousand three hundred ninety-
dollars,

One hundred ninety-eight dollars,

Two hundred sixty-seven dollars,
One hundred fourteen dollars, .
Five hundred eighty-eight dollars.
Three hundred eiglity-seven dollars,
One ^undred thirty-five dollars, .
One hundred thirty-five dollars, .
Three hundred six dollars, . .
Five hundred sixteen dollars,
One hundred sixty-eight dollars.

two

NORFOLK COUNTY.

Bellingham, .
Braintree,

Two hundred seventy-six dollars, .
Five hundred seventy-three dollars.

1859.— Chapter 220.

383

NORFOLK COUNTY— CoNTiNUEn.

Brooldine,

Canton, .

Cohasset, .

Dedham, .

Dorchester,

Dover, . .

Foxborough,

Franklin, .

•-.

Medfield, .

Medway, .

Milton,

Needham,

Quincy, .

Randolph,

Roxbury, .

Sharon, .

Stoughton,

Walpole, .

Weymouth,

Wrentham,

Two thousand four hundred ninety-six

dollars,

Seven hundred two dollars,

Three hundred ninety-three dollars, . .

One thousand five hundred three dollars.

Three thousand two hundred ninety-one

dollars,

One hundred fifty-six dollars.

Three hundred fifty-four dollars,

Three hundred fbi'ty-eight dollars.

Two hundred forty dollars, . .

Four hundred ninety-five dollars,

Eight hundred forty-six dollars, .

Four hundred thirty-two dollars,

One thousand one hundred twenty-two

dollars,

Nine hundred thirty-six dollars, .

Six thousand six hundred nine dollars.
Two hundred eighty-eight dollars, .
Six hundred twenty-one dollars.
Four hundred twenty-three dollars,
Nine hundred forty-two dollars, . .
Six hundred dollars,

$2,496 00
702 00

393 00

1,503 00

3,291 00
156 00

354 00

348 00

240 00

495 00

846 00

432 00

1,122 00
936 00

6,609 00

288 00

621 00

423 00

942 00

600 00

$23,646 00

BRISTOL COUNTY.

Attleborough, .

Six hundred fifteen dollars,

$615 00

Berkley, . . .

One hundred seventy-four dollars, . . .

174 00

Dartmouth, . .

One thousand one hundred fifty-two dol-
lars,

1,152 00

884

1859.— Chapter 220.

BRISTOL COUNTY— Continued.

Dighton, .

Easton,

Fairhaven

Fall River,

•

Freetown,

Mansfield,

New Bedford

•

Norton,

Pawtucket,

Raynham,

Rehoboth,

Seekonk, .

Somerset, .

•

Swanzey, .

•

Taunton, .

Westport, .

Two hundred eighty-five dollars, . .
Three hundred ninety-nine dollars,

One thousand five hundred eighty-four
dollars,

Three thousand one hundred seventeen
dollars,

Three hundred dollars,

Two hundred thirty-one dollars, . . .

Six thousand nine hundred fifty-four dol

lars,

Three hundred seventy-eight dollars,

Five hundred thirty-four dollars,

Two hundred seventy-three dollars.

Three hundred seventy-five dollars,

Three hundred seventy-eight dollars.

Two hundred forty-three dollars,

Two hundred eighty-two dollars,

Two thousand thirteen dollars, . .

Seven hundred forty-seven dollars, .

PLYMOUTH COUNTY.

Abington, . . .
Bridgewater,

Carver, . . .

Duxbury, . . .
E. Bridgewater,

Halifax, . . .

Hanover, . . .

Eight hundred sixty-seven dollars, .
Six hundred forty-five dollars, . .
One hundred ninety-five dollars, .
Five hundred seventy-nine dollars,
Four hundred fifty-nine dollars, . ,
One hundred forty-seven dollars,
Three hundred dollars, . . . ,

$285 00
399 00

1,584 00

3,117 00
300 00

231 00

6,954 00
378 00

534 00

273 00

375 00

378 00

243 00

282 00

2,013 00

747 00

$20,034 00

1867 00
645 00
195 00
579 00
459 00
147 00
300 00

1859.— Chapter 220.

PLY^IOUTH COUNTY— Continued.

385

Hanson, .
Hingham, .
Hull, . .
Kingston, .
Marshfield,
Middleborough, .
N. Bridgewater,
Pembroke,
Plymouth,
Plympton,
Rochester,
Scituate, .
South Scituate, .
AVareham, . .
W. Bridgewater,

Two hundred ten dollars, ....
Eight hundred sixty-one dollars,

Sixty dollars,

Four hundred thirty-eight dollars, .
Three hundred fifty-one dollars, . .

Nine hundred dollars,

Six hundred twenty-one dollars,
Two hundred forty-six dollars, . .

One thousand three hundred fourteen

dollars,

One hundred eighty-three dollars, . .

Six hundred sixty-three dollars, . .
Three hundred seventy-five dollars,
Three hundred ninety-nine dollars,
Five hundred twenty-five dollars, .
Two hundred seventy-nine dollars, .

$210 00
861 00
60 00
438 00
351 00
900 00
621 00
246 00

1,314 00
183 00

663 00

375 00

399 00

525 00

279 00

110,617 00

BARNSTABLE COUNTY.

Barnstable,
Brewster, .
Chatham, .
Dennis,
Eastham, .
Falmouth,
Harwich, .
Orleans, .

Eight hundred forty-three dollars,
One hundred ninety-eight dollars.
Two hundred ninety-seven dollars.
Four hundred sixty-two dollars, .
One hundred fourteen dollars, .
Five hundred thirteen dollars, .
Three hundred thirty-nine dollars.
Two hundred seven dollars, . .

1843 00
198 00
297 00
462 00
114 00
513 00
339 00
207 00

386

1859.— Chapter 220.

BARNSTABLE COUNTY— Continued.

Chilmark,
Edgartown,
Tisbury, .

Nantucket,

Provincetown, .

Five hundred fifty-eight dollars, ....

$558 00

Sandwich, . .

Seven hundred thirty-two dollars, . . .

732 GO

Truro, ....

Two hundred thirty-seven doUai-s, . . .

237 GO

Wellfleet, . . .

Two hundred thirteen dollars, ....

213 00

Yarmouth, . .

Four hundred seventeen dollars, . . .

417 00

15,130 00

DUKES COUNTY.

Two hundred thirty-seven dollars.
Three hundred sixty-nine dollars.
Three hundred fifteen dollars.

NANTUCKET COUNTY.

Two thousand three hundred twenty-five
dollars,

1237 00
369 GO
315 GO

21 00

J2,325 00

RECAPITULATION.

Suffolk County, .
Essex County, . .
Middlesex County,
Worcester County,
Hampshire County,
Hampden County,
Franklin County, .

One hundred thousand eight hundred
forty-five dollar.s,

Twenty-nine thousand five hundred
twenty-three dollars,

Forty-two thousand six hundred
twenty-seven dollars,

Twenty-nine thousand six hundred
thirty-four dollars,

Seven thousand one hundred ninety-
seven dollars,

Eleven thousand nine hundred seventy-
six dollars,

Six thousand one hundred seventeen
dollars,

1100,845 00
29,523 00
42,627 00
29,634 00

7,197 GO
11,976 00

6,117 00

1859.— Chapter 220.

RECAPITULATION— CoNTiKUED.

387

Berkshire County,
Norfolk County, .
Bristol County,
Plymouth County, .
Barnstable County,
Dukes County, . .
Nantucket County,

Nine thousand four hundred two dollars,

Twenty-three thousand six hundred

forty-six dollars,

Twenty thousand thirty-four dollars, .

Ten thousand six hundred seventeen
dollars,

Five thousand one hundred thirty
dollars,

Nine hundred twenty-one dollars, . .

Two thousand three hundred twenty-
five dollars,

),402 00

23,616 00
20,034 00

10,617 00

5,130 00
921 00

2,325 00

$299,994 00

Section 2. The treasurer of the Commonwealth shall llT''''!\. til

_ issue w8.rra.DCS lO

forthwith send his warrant, with a copy of this act, directed selectmen, &c.
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 amount 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 when payable.
the said selectmen or assessors to pay or to issue their several
warrant or warrants, requiring the treasurers of their several
cities or towns to pay to said treasurer of the Commonwealth,
on or before the first day of December, in the year one thou-
sand eight hundred and fifty-nine, the sums set against said
cities or towns in the schedule aforesaid ; and the selectmen Names of treaa-
or assessors, respectively, shall return a certificate of tlie turned'" ^^ "'
names of such treasurers, with the sum which each may be
required to collect, to the said treasurer of the Common-
wealth, at some time before the first day of October next.

Section 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 treasurer ^rdlanjuency*'
of the Commonwoaltli within the time specified, then the said
treasurer shall notify the treasurer of said delinquent city
or town, who shall pay into tlic treasury of the Common-
wealth, in addition to the tax, such further sum as would be
equal to one per centum per month during such delinquency,
dating on and after the first day of December next ; and if
the same shall remain unpaid after tlie first day of January

388 1859.— Chapter 221.

next, an information may be filed by the treasurer of the
Commonwealth in the supreme judicial court or before any
justice thereof, against such delinquent city or town ; and
upon notice to such city or town, and a summary hearing
thereon, a warrant of distress may issue against such city
or town, to enforce the payment of said taxes, under such
penalties as the said court, or the justice thereof before
whom the hearing is had, shall order.

Section 5. This act shall take effect from and after its

passage. Approved April 6, 1859.

Chap. 221 ^^ ^^'^ ^N ADDITION TO AN ACT TO REGULATE CERTAIN MATTERS

OF FINANCE.

Be it enacted, §'c., as follows :

Compensation of SECTION 1. No clcrk in tlic officc of the secretary of the

Commonwealth, the treasurer and receiver-general, or the

auditor of accounts or the attorney-general, except those

whose compensation is fixed by law, shall receive for services

rendered in regular office hours a larger sum than at the

jFees received by rate of ouc tiiousaud ouc hundred dollars per annum. The

secretary. secretary shall pay into the treasury of the Commonwealth

Fees of witnesses all fccs reccived by him. Any appropriation for fees of

jjre commit- ^j^nesses bcforc committees of the legislature, may be

applied, so far as may be necessary, to pay the expenses of

taking depositions in cases where they were ordered or

authorized by such committees, provided that bills therefor

shall be audited by the auditor, and shall likewise be

approved ia accordance with the provisions of the resolves

of the year one thousand eight hundred and fifty-seven,

chapter nineteen.

Disbursements of SECTION 2. All officcrs iu thc scvcral departments of the

money to be re- j. i • i p i t i r>

ported to auditor, govemmeut, havHig charge oi the disbursement oi any
money, appropriated either from the ordinary revenue or
from the income of any trust or other funds belonging to or
under the charge of the Commonwealth, shall annually in
the first week of January, make report to the auditor,
stating in detail the expenditures by them made, and the
objects to which said expenditures have been applied : and
said reports shall be made in such form as the auditor shall
prescribe.

HStai?^''Tc^ The officers of the hospital at Rainsford Island shall

counts montiiiy. rctum all bills and accounts of expenditures, on account of
the current expenses of said hospital, once in every month.

Superintendent And tlic Superintendent of said hospital shall ffive bonds in

to give bonds. i-i t i.i ^ -,. . '-',

like manner and under the same conditions as the super-
intendents of the state almshouses are now required to give.

1859.— Chapter 221. 389

Section 3. All charges in bills or schedules for articles claims against

. Y^ , . T £• J.^ state to be vouch-

purchased, services rendered or expenses incurred tor the ed under oath, in
Commonwealth, unless for salaries fixed by law or for pay- ''*^®'*'*'-
ments otherwise provided for, the auditor may, and where
the amount of such bill or schedule exceeds fifty dollars,
shall cause to be sworn to, that such articles have been pur-
chased, services rendered and expenses incurred, before
such claims shall be allowed ; and all original bills, and
original bills included in any such schedules, shall, within
one month after the money shall have been paid, be delivered
to the auditor to be retained by him.

Section 4. Whenever any public officer, who is required foprocL^dagl'inst
by law to account with and pay over money to the county delinquent pub-
treasurer, shall fail to render a true account and make pay-
ment of all such money due, for ten days after the time
limited by law therefor, such treasurer shall give notice of
such default to the district-attorney, who shall forthwith
institute all necessary proceedings for the recovery of the
amount due.

Section 5. It shall be the duty of every county treasurer, county treasur-

•i •' . •' . , ' ers to notify dis-

immediately on the passage of this act, to give notice to the trict-attomeys of
district-attorney, of all present defaults on the part of public ^
officers who have been heretofore required by law to render
accounts and make payments to him or his predecessor ; and
the district-attorney shall proceed as provided in the
preceding sections.

Section 6. The auditor of accounts is hereby authorized Auditor may ap-

•' •,11 point a person to

to appoint, with the approval oi tlie governor, some suitable countersign bank
person — such public notice thereof to be given as the gov-
ernor may direct — subject to removal at any time, who may,
as well as said auditor, and under his direction, countersign
any circulating notes of the similitude of bank notes, which
said auditor shall furnish to any banking institution organ-
ized under the provisions of the act of the year one thousand
eight hundred and fifty-one, chapter two hundred sixty-
seven.

Section 7. Commissioners and other public officers, ^^'^''gf," °^ p"*""*"
having jurisdiction throughout the Commonwealth, to whom,
by law, travelling expenses are allowed, shall be entitled to
receive not more therefor than three and one-half cents a
mile each way, computed from the city of Boston to the
place visited, for each mile actually travelled, and in no case
more than the amount actually expended.

Approved April 6, 1859.
29

390

1859.— Chapter 222.

Chap. 222

City of Boston
authorized to
construct aque-
duct from Brook-
line, through
Eoxbury.

ProTisos.

Good condition
of streets and
ways to be re-
stored.

Boston to reim-
burse, &c.

An Act in further addition to " an act for supplying the
city of boston with pure water."

Be it enacted, §'c., as follotos :

Section 1. The city of Boston is hereby authorized, by
and through the agency of the Cochituate Water Board,
therein, to construct an aqueduct, or to lay a new main pipe,
from its reservoir in the town of Brookline, through the said
town and the city of Roxbury, to the said city of Boston, and
to continue the same into and through the said city of Boston,
in the manner provided in the act to which this is in addi-
tion ; and for this purpose may take and hold, by purchase
or otherwise, any lands or real estate necessary therefor ;
provided all lands so taken and held, or that are now held
by virtue of any former act, shall be liable to taxation : and
may construct said aqueduct, or lay said pipe, over or under
any water-course, or any streets, turnpike roads, railroads,
highways or other ways, in such manner as not to obstruct
or impede the travel thereon ; and may enter upon and dig
up any such roads, streets or ways, for the purpose of con-
structing said aqueduct, or laying down said pipe beneath
the surface thereof, and for maintaining and repairing the
same; but always in such manner and with such care as
not to render the roads, streets or ways, unsafe or unneces-
sarily inconvenient to the public travel thereon : provided,
however, that the said city of Boston shall be subject to all
regulations which the mayor and aldermen of the city of
Roxbury, or the selectmen of the town of Brookline may
prescribe, as to time, place and manner of digging up any
streets or ways of public travel, for the purpose aforesaid,
within their respective limits ; and provided, also, that said
city of Boston shall not construct an aqueduct or lay a pipe
in any street or way in the city of Roxbury or town of
Brookline, in such places or in such manner, as shall in the
opinion of the mayor and aldermen of the city of Roxbury,
or the selectmen of the town of Brookline, at any time pre-
vent, or interfere with, the construction of culverts, sewers
and drains in such street or way.

Section 2. Whenever the said city of Boston shall dig
up any street or way, as aforesaid, it shall restore the same
to as good order and condition as the same shall be in when
such digging shall be commenced ; and the said city of
Boston shall at all times indemnify and save harmless the
said city of Roxbury, and the said town of Brookline, against
all damages which may be recovered against them, respec-
tively, and shall reimburse to them, respectively, all expenses
which they shall incur by reason of any defect or want of

1859.— Chapter 223. 391

repair in any street or way, caused by the construction of
said aqueduct, or the laying of said pipe, or by the main-
taining or repairing of the same.

Section 3. The said city of Boston shall be liable to pay to pay damages
all damages that shall be sustained by any persons in their sons""'' ^ ^"'
property, by the taking of any land or real estate, or the
constructing of said aqueduct, or the laying of said pipe, as
aforesaid ; and any person sustaining damage, as aforesaid,
may have the same ascertained, determined, collected and
paid, in the manner which is provided in the sixth, seventh
and eighth sections of the act to which this is in addition.

Section 4. The city of Roxbury and the town of Brook- Boston to provide
line may require the city of Boston, while constructing said bury'^and 'Brook-
aqueduct or laying down said pipe, to insert therein a num- ''"'^•
ber of hydrants, not exceeding six in said Roxbury and four
in said Brookline, to be used for the purpose of extin-
guishing fires, and for no other purpose ; and the said city
of Roxbury and town of Brookline shall pay the expenses
of keeping in repair all such hydrants as shall be so inserted
upon their repective requisitions, after the same shall have
been constructed.

Section 5. This act shall not take effect until the same Act wid unless
shall have been accepted by the city council of the city of council.
Boston. Approved April 6, 1859.

An Act in kelation to con;veyances of lands or flats Chan 223

BELONGING TO THE COMMONWEALTH. -' '

Be it enacted, ^'c, as follows:

Section 1. All conveyances hereafter made of land or conveyances to
flats of the Commonwealth shall be subject to the approval governor°'""^and
of the governor and council ; and any conveyance made or "^o""^"'-
to be made under the provisions of chapter two hundred and
ten of the acts of eighteen hundred and fifty-nine, shall be
included under the provisions of this act. But in case any sections of chap,
such conveyance be required by the award of the commis- &c.^°"^ '" "^^^
sioners named in section fourth of said act, and the same
shall not be made within sixty days from the date of said
award, then the third and fourth sections of said act shall
be null and of no effect ; and if for that or any other cause,
said act should fail to have full and complete effect, then the
enactment of said act shall not be deemed to prejudice any
rights of the Commonwealth or of the city of Boston.

Section 2. This act shall take effect from and after its
passage. Approved April 6, 1859.

392

1859.— Chapter 224.

Chap. 224

Surveyor-general
to be appointed.

Term of office.

Residence and
location of of-
fice.

Bonds.

To appoint depu
ties.

Deputies' bonds

Duties, &c.

Selection of de-
puties.

An Act to authorize the appointment of a surveyor-general
of lumber, and the establishment of a lumber district.

Be it enacted, Sfc, as follows :

Section 1. The governor, with the advice and consent of
the council, shall appoint a trustworthy and competent
person to be surveyor-general of lumber, for a district to
consist of the county of Suffolk and the cities of Charles-
town, Cambridge, Roxbury, and the town of Dorchester,
and the town of Quiiicy and the town of Brighton ; and
whenever the buyer and seller shall agree to have lumber
surveyed under the direction of the surveyor-general, such
survey shall be lawful in any city or town in this Common-
wealth. Said surveyor-general shall hold his office for the
term of three years, unless sooner removed.

Section 2. The said surveyor-general shall reside in the
district above described, and shall keep an office in the city
of Boston, conveniently located, and accessible to the public,
and shall give bond, with sufficient sureties, to the treasurer
of the Commonwealth, in the sum of two thousand dollars,
for the faithful discharge of his duty, and he shall be sworn
to perform the same ; and he shall be authorized and
required to appoint a sufficient number of competent and
discreet deputy-surveyors, out of which he shall appoint one
or more whose duty it shall be to survey oak and other
wood commonly used in ship building, and also one or more
whose duty it shall be to survey mahogany, cedar, and other
ornamental wood and lumber ; and said surveyor-general
shall be answerable for his deputies, and shall take a bond
from them respectively, for the faithful discharge of their
duty, and they shall be sworn to perform the same ; and they
shall be removed at the pleasure of the said surveyor-
general ; audit shall be the duty of said surveyor-general,
to survey and admeasure all lumber brought into the said
district for sale, except lumber manufactured in this Com-
monwealth, which shall also be surveyed, when request
therefor is made by either the purchaser or seller.

Section 3. The surveyor-general, in appointing deputies
for the city of Boston, shall select citizens of Boston ; for
Chelsea, citizens of Chelsea ; for Charlestown, citizens of
Charlestown ; for Cambridge, citizens of Cambridge ; for
Roxbury, citizens of Roxbury ; for Dorchester, citizens of
Dorchester ; for Quincy, citizens of Quincy, and for Brighton,
citizens of Brighton : provided, that no person shall be
appointed or continued in office as a deputy-surveyor, who
is a dealer in the kind of lumber which he is appointed to
survey, or shall survey any lumber in which he has a

1859.— Chapter 225. 393

pecuniary interest ; but all surveys shall be made under the
direction of the surveyor-general by his deputies ; and appli-
cation shall be made by all persons requiring surveys to the
surveyor-general, who shall direct his deputies in rotation,
or in such other order or manner as he shall deem expedient :
provided, however, the surveyor-general shall keep a record Record of 8ur-
of the time each deputy shall survey for any and all persons
or firms, and the amount of fees received by each ; which
record shall be at all times opened to the inspection of any
members of the city council of Boston, Chelsea, Charlestown,
Cambridge, Roxbury, and selectmen of the towns of Dor-
chester, Brighton and Quincy.

Section 4. The deputy-surveyors shall make survevs of Manner of sur-
lumber in the manner described in the third, fourth, fifth,
sixth, seventh, eighth, ninth and tenth sections of the one
hundred and sixty-fourth chapter of the acts of eighteen
hundred and fifty-eight ; and the fees to be received by said ^^es.
deputies for surveying and marking shall be the same as are
prescribed in the eleventh section of said chapter ; and the Penalties.
penalties upon surveyors for fraud or deceit, in surveys, and
upon persons purchasing or selling lumber or wood, which
has not been surveyed, numbered and marked, shall be the
same as are mentioned in the twelfth and thirteenth sections
of the said chapter.

Section 5, The deputy-surveyors shall collect the fees in Deputies to coi-

.,,.'■'' -, n •! lect fees, &c.

accordance with this act, and as oiten as once in three
months, and when collected, shall pay over to tlie surveyor-
general, to his own use, ten cents for every hundred cents so
collected and received by them.

Section 6. It shall be the duty of the surveyor-general, surveyor-generai

Y r•/-^ll*° make annual

annually, on or before the first day or October, to make a return.
true return to the secretary of state, of all lumber surveyed
in the said district, by himself and deputies, specifying the
various kinds and qualities, and by whom surveyed, and the
amount of all fees received by him and his deputies.

Section 7. This act shall take effect from and after the ^^06.''''*°'°
first day of October next. Approved April 6, 1859.

An Act concekning dogs. Chap. 225

Be it enacted, Sfc, as follows :

Section 1. Every owner of a dog, shall, on or before the pogs to be regis-

,..,T n i •-, • "1 • 1 tered and licens-

thirtieth day of April in each year, cause it to be registered, ed.
numbered, described and licensed, for one year from the first
day of May then next ensuing, in the clerk's office of the
city or town wherein he resides ; and shall pay for such
license, one dollar for a male dog, and five dollars for a

394 1859.— Chapter 225.

female dog. The license shall be issued, and the money

received by said clerk, who shall pay the same into the

treasury of said city or town, to be used and appropriated

TreaBurertokeep ^ith thc othcr funds therein. The treasurer shall keep an

account. - r» 1 1 • 1 1 • 1

accurate and separate account oi all sums, received and paid
out, under the various provisions of this act, which account
shall always be open to the inspection of any voter of the
place.
Owners to pro- J^ECTiON 2. Thc owucr of cvciT doo; so licensed, shall

Tide collars. . inT-iii

cause it to wear around its neck, a collar distinctly marked
with its owner's name and registered number.
^utyj|f dtyand SECTION 3. The clcrk shall within one week after the
first day of May, annually, post in some conspicuous public
place, a list of all dogs licensed for the then current year ;
and shall furnish a copy thereof to the chief of police of his
city, or one of the constables of his town ; and shall also,
from time to time, furnish said officer with a list of such
dogs as shall be subsequently licensed during the year.
to"bod"es^rojed^' SECTION 4. Any ])crson may, and every police officer and
constable shall, kill or cause to be destroyed, all dogs going
at large and not licensed and collared according to the pro-
Bounty, visions of this act. Officers shall receive from the city or
town treasury fifty cents for each dog so destroyed by them :
Poison prohibit- but if any officer or other person shall distribute or expose
any poisonous substance, with intent that the same shall
be eaten by any dog or other domestic animal, he shall be
punished by fine not exceeding fifty nor less than ten dollars.
Penalty for re- SECTION 5. Wliocvcr wroiigfully rcmoves the collar, from
or wrongfuuy thc ucck of a dog SO liccused and collared, or steals a dog so
killing. licensed and collared, shall be punished by fine not exceed-
ing fifty dollars. Whoever wrongfully kills, maims, entices
or carries away a dog so licensed and collared, shall be liable
to its owner for its full value in an action of tort.
Cities and towns , SECTION 6. Thc owucr of any sheep or lambs suffering
loss by reason of the worrying, maiming or killing thereof
by dogs, may present, within thirty days after such loss shall
come to his knowledge, to the mayor or selectmen of the
city or town wherein the damage is done, proof thereof: —
and thereupon the said officers shall draw an order in favor
of the owner, upon the treasurer of said city or town for the
amount of such loss. The treasurer shall register all such
orders at the time of their presentation, and shall annually,
on the first day of January, pay all such orders in full, if
the gross amount received by said city or town, under the
provisions of this act, up to such date, after deducting all
sums previously paid out under such provisions, is sufficient

liable for loss in
certain cases

1859.— Chapter 225. 395

therefor ; otherwise, the treasurer shall divide said amount,
after deducting as aforesaid, pro rata among said orders and
in full discharge thereof.

Section 7. Upon drawing an order as is provided in the ^r^'^'df^o^s^'for
foregoing section, the city or town may recover against the damages. °
keeper or owner of any dog or dogs concerned in doing the
damage, the full amount of the damage done, in an action
of tort.

Section 8. The owner of sheep or lambs worried, Process for dam-
maimed or killed by dogs, shall have his election whether to ^°^^'
proceed under the provisions of this act or under the pro-
visions of the fifty-eighth cliapter of the Revised Statutes ;
but having once signified such election by commencing a suit
or obtaining an order, the other remedy shall not thereafter
be open to him.

Section 9. Whoever keeps a dog not registered, num- Penalty for neg-

1 IT Ml IT 1 T j.ii •• c lect to license.

bered, described and ncensed according to the provisions oi
this act, shall forfeit the sum of ten dollars, to be recovered
by complaint to the use of the town wherein the dog is kept.

Section 10. Owners of dogs may at any time have them Time and man-
licensed, until the first day of May then next ensuing, upon '"''^°
payment to the clerk, of the sums provided in the first sec-
tion of this act ; but such payment and license shall not
exempt them from the penalties of the preceding section, on
any complaint already made.

Section 11. No new license for the then current year, License not viti-
shall be required upon the removal of any licensed dog into exceptf &t™°^^ '
any other town or city, unless the same be required by some
by-law passed under the provisions of the fourteenth section
of this act.

Section 12. The mayor and aldermen of each city, and city and town au-
the selectmen of each town, shall require all dogs not troy unlicensed
licensed and collared according to the provisions of this act, ^°^^'
to be destroyed, and shall enforce all the penalties herein
provided.

Section 13. A city or town officer refusing or neglecting Penalty for neg-
to perform the duties imposed upon him by this act, shall ^'"''°^'^"''^"
be punished by fine not exceeding twenty-five dollars, which
shall be paid into the treasury of such city or town.

Section 14. Tbe city council of any city, and the inhab- cities and towns
itants of any town, may mai^e such additional by-laws and Sai^iaws, &'c^'"
regulations concerning tbe licensing and restraining of dogs,
as they may deem expedient ; and may affix any penalties,
not exceeding ten dollars, for any breach thereof; said by-
laws and regulations shall relate only to dogs owned or kept
in such city or town ; and the annual fee required for a

396 1859.— Chapters 226, 227.

license, shall not be more than one dollar, in addition to the
sum required by the first section of this act.
Repeal. SECTION 15. Tlic tenth and eleventh sections of the fifty-

eighth chapter of the Revised Statutes, the two hundred and
forty-fifth chapter of the acts of the year eighteen hundred
and fifty, tlie one hundred and thirty-ninth chapter of the
acts of eighteen hundred and fifty-eight, and all other acts
inconsistent herewith are hereby repealed, saving all rights
heretofore acquired.

Section 16. This act shall take effect upon its passage.

Approved April 6, 1859.

Chap. 226 ^^ Act relating to military accounts.

Be it e7iacted, Sfc, as follows :
Accounts to be SECTION 1. All pay-rolls returned by the mayor and
generri!^*^^'^'^"' aldcrmcn of any city, and the selectmen of any town, and
all accounts for the expenses of elementary drills, shall be
transmitted to the adjutant-general, on or before the first
day of December in each year,
other accounts, SECTION 2. All military accounts, whicli are not now
required by law to be transmitted at an earlier time, shall
be transmitted to tlie adjutant-general, on or before the fifth
day of January, in the year next succeeding the year in
which the expense was incurred or service rendered.
No account ai- SECTION 3. No military accouut shall be certified by the
sentf&c""'^'* adjutant-general nor allowed by the auditor, unless the same
shall liave been presented to the adjutant-general for allow-
ance within the time limited by law therefor.

Approved April 6, 1859.

Chap. 227

An Act concerning taxation, and returns of corporations

to assessors.
Be it enacted, Sfc, as follows:
Purchasers of SECTION 1. No Certificate of stock shall be issued by any
actual resideuce. corporation uamcd in the first section of the ninety-eighth
chapter of the laws of the year eighteen hundred and forty-
three, concerning which returns of shares are required to
be made to assessors, until the purchaser shall have informed
such corporation of his actual place of residence ; and upon
the issuing of such certificate, the corporation shall register
dence^^to'be reg- ^^^® name and residence of the purchaser. And whenever
istered. the purchascr shall change his residence, to some other town

or city in this state, he shall immediately give notice thereof,
stathig the place of his residence to said corporation, and
due registration of the same, by the corporation, shall be
made.

1859.— Chapters 228, 229. 397

Section 2. Returns of the name and actual residence ^°[iPg''''\*^"°J^
of the owner of stock in any corporation referred to in the toassessors.
foregoing section, and all returns relative to such stock,
shall be made by such corporation to the assessors of every
city or town in this Commonwealth, conformably with the
requirements of the three hundred and eighth chapter of
the laws of the year eighteen hundred and fifty.

Section 3. Any purchaser of stock in any corporation Penalty on pur-
aforesaid, who shall wilfully misinform such corporation
respecting his name or place of residence, or shall wilfully
omit to give notice of a change of his residence as herein
required, shall forfeit a sum not exceeding one hundred
dollars, to be recovered by indictment.

Section 4. Any corporation that shall neglect to comply Penalty on cor-
with the provisions of this act, or with any of the require- p""^*''""-
ments embraced in the laws mentioned in this act, shall
forfeit for each offence a sum not exceeding one hundred
dollars, to be recovered by indictment.

Approved April 6, 1859.

Ax Act concerning applications for juries to assess damages. CJian. 228
Be it enacted, Sfc., as/olloivs:

Section 1. If anv person, having the right in any case to Executor, &c., to

, " f . „ ^ . ° "', apply la case of

apply to county commissioners lor a jury to assess damages death.
or hear and determine any other matter, sliall die before the
expiration of the time within which he is entitled to apply
for such jury, the executor or administrator of such person,
or heir or devisee, if the party in interest, may apply for such
jury within one year after his appointment ; and the county
commissioners shall order such jury in like manner as if the
same had been applied for before the decease of such person.
Section 2. This act shall take effect from and after its
passage. Approved April 6, 1859.

An Act relating to boarding-house keepers. Chap. 229

Be it enacted, Sj-c, as follows :

Section 1. All boarding-house keepers shall have a lien i-^^n j^po^^J'j'g-
upon the baggage and effects of their guests and boarders, except, &c.
except seamen and mariners, brought to their respective
houses, until all the proper charges due to such keepers for
the fare and board of all such guests and boarders shall be
paid.

Section 5. This act shall take effect from and after its

passage. Approved April 6, 1859.

30

398 1859.— Chapters 230, 231, 232.

Chan 230 -^^ -^^^ concerning the competency of witnesses.

Be it enacted, Sfc, as follows :

Wife to testify in Section 1. Ill all actioiis brouglit against the husband,

certain cases. '^j^ereln the cause of action grows out of any wrong or injury
by the husband to the wife, or his neglect to furnish her with
the proper means of support, the wife may testify.

Contracting par- SECTION 2. lu all cascs wlicrc oiic party to the contract

ties to testify in „,..,,. i. >/ .

case, &c. or causc of action is dead or insane ; or an executor, admin-

istrator, guardian or assignee of an insolvent debtor is a party
to a suit, the other party may testify in his own behalf :
provided, such contract was originally made with a party
who is living and competent to testify.

Approved April 6, 1859.

Chan 231 ^ ^^^ ^^ limit the contracting of county debts.

Be it enacted, §'c., as follows:

Fro rata limita- Froiii aiid after the passage of this act, no county debt
shall be authorized or contracted in any one year, or for any
one object, by the county commissioners, exceeding thirty
dollars for each and every thousand inhabitants of such

Proviso. county ; but this act shall not restrain said commissioners

from renewing the whole or a portion of any debt now due
from their county, nor prevent them from negotiating a loan
in anticipation of the annual tax, to be paid from the pro-
ceeds of such tax when collected. Appjroved April 6, 1859.

Chan. 232 -^ ■^^'^ relating to agricultural societies.

Be it enacted, Sfc, as follows:
Premiums, con- SECTION 1. No animal or article, for which a premium

ditions of award- iiii i ii,,i i • , ^

ing. shall have been awarded to the owner, by any incorporated

agricultural society, receiving the bounty of the state, shall
be considered a subject for any further premium of the same
or any other such incorporated society, except for qualities
different from those for which the former premium was
awarded, or for a higher premium ; and no animal or article
in any year offered for a premium, at any such society, shall
be offered for a premium at any other such society in the
same year ; but nothing in this act shall affect, restrain or
limit a competitor for premiums offered by the state board
of agriculture, or the Massachusetts Society for the Promo-
tion of Agriculture, to be awarded within the incorporated
county agricultural societies ; but such premiums shall be
subject to the rules and regulations prescribed by said board,
or by the trustees of said Massachusetts society.
^uireT\efore '"SECTION 2. No iucorporatcd agricultural' society shall
award. award a premium for a field crop, without satisfactory evi-

1859.— Chapter 233. 399

dence under oath presented to its committee or other offi-
cers, that the whole merchantable crop so entered, has been
weighed when harvested, if a grass or root crop, and when
threshed or husked, if a grain or corn crop ; but this pro-
vision shall not prevent any such society from requiring
such further modes of ascertaining the merchantable amount
of product, either at the time of harvesting, or at any other
times, as it may require.

Section 3. The agricultural societies herein named shall Time of exhiw-

,,. ^ , ,.,.,. ., T /.I, . tion fixed for cer-

commence their annual exhibition on the davs lollowmg : tain agricultural

The " Middlesex North," and " Highland," on the last '''''''''■
Thursday but two in September ;

The " Middlesex South," and "Hampden East," on the
last Tuesday but one in September ;

The " Middlesex," and " Hampden," on the last Thurs-
day but one of September ;

The " Essex," and " Worcester North," and " Berkshire,"
on the last Tuesday of September ;

The " Franklin," " Worcester County West," and " Nor-
folk," on the last Thursday of September ;

The " Housatonic," " Worcester," and " Bristol," on the
first Tuesday of October ;

The " Hampshire, Hampden and Franklin," " Worcester
South," and " Plymouth," on the first Thursday of October;

The " Barnstable," on the second Tuesday of October;

The " Nantucket," and " Hampshire," on the second
Thursday of October ;

The " Martha's Vineyard," on the third Tuesday of
October.

Section 4. The board of agriculture shall have power Premiums for

. • j^i 1 • 1 i 1 • X* • • ±^ experiments.

to require the several agricultural societies receiving the
bounty. of the state, to offer premiums from time to time for
agricultural experiments, to be conducted in such manner
as said board may direct.

Section 5. A society which shall neglect, in any year, to Bounty forfeited
comply with the several general laws concerning agricul- °^^^^^^-
tural societies, or with such regulations of the board of
agriculture, shall not be entitled to the bounty of the state
the year next succeeding.

Section 6. This act shall take effect from and after
January, eighteen hundred and sixty. Approved April 6, 1859.

An Act concerning returns by officers, of precepts in Chan 233

CRIMINAL CASES. ^'

Be it enacted, ^t., as foUoiof^ :

Section 1. Whenever a precept shall be delivered to an Precept retum-

rc n ,^ , • e i ■ • • i i ^^'^le to court is-

oincer tor the execution of sentence, in any criminal case, he suing, except.

400

1859.— Chapter 234.

Copy to be left
with jailer or
keeper.

Fees of officer.

Chap. 234

Infringement of
tra^e marlis pro-
hibited.

shall, where there is no other provision by law, make return
of the same, with his doings thereon, to the court or justice
which issued the same, without charge for travel in return-
ing the precepts ; and in all such cases he shall leave an
attested copy of the precept, with his return thereon, with
the jailer or keeper of the prison, aijd the same shall be a
sufficient warrant for the detention of the party accused.

Section 2. The fees of the officer executing such pre-
cept shall be indorsed thereon, and be taxed, certified and
allowed, in the same manner as the other costs in the case ;
and where the same are now by law certified to the court of
common pleas for allowance, it shall jiot be necessary to
return a copy of the precept, but only a memorandum
thereof, and the items of the officer's fees and charges.

Approved April 6, 1859.

An Act to prevent the infringement of trade marks.
Be it enacted^ Sfc, as follows:

Section 1. If any person shall use any peculiar name,
letters, marks, 'device or figures, cut, stamped, cast or
engraved upon, or in any manner attached to or connected
with any article manufactured or sold by him to designate
it as an article of a peculiar kind, character or quality, or
as manufactured by him, it shall be unlawful for any other
person, without his consent, to use the same or any similar
names, letters, marks, devices or figures, for the purpose of
falsely representing any article to have been manufactured
by or to be of the same kind, character or quality, as that
manufactured or sold by the person rightfully using such
name, letters, mark, device or figure.
Liability for dam- Section 2. Auy pcrsou wlio sliall vlolato the provisions
of the first section of this act, or shall knowingly sell, or
expose for sale, any article having any name, letters, mark,
device or figure, attached to or connected with them, in vio-
lation of the first section of this act, shall be liable to any
party aggrieved thereby for all damages actually incurred,
to be recovered in an action of tort.

Section 3. The supreme judicial court may restrain by
injunction any person violating the provisions of this act.

Section 4. The act of eighteen hundred and fifty-two,
chapter one hundred and ninety-seven, is hereby repealed,
an-d this act shall take effect from its passage.

Approved April 6, 1859.

Injunction.

■Repeal.

An Act in addition to "an act to protect mariners and ship-
owners FROM imposition."

1859.— Chapters 235, 236, 237. 401

Chap. 235

Be it enacted, Sfc, as follows:

No seaman or mariner wlio has shipped for or entered into seamen under
contract for any Yojage, to be by liim performed, from any from^llresT'w
port in this Common waalth, shall be liable to arrest on '*«'^«°"°°' &''•
mesne process for or on account of any debt or obligation
to any landlord or boarding-house keeper by him incurred;
nor shall any such landlord or boarding-house keeper detain,
or have any lien upon the wearing apparel, or other property
of such seaman or mariner, or hinder, obstruct or delay him
in the performance of said contract of shipment, under a penalty,
penalty of not more than two hundred dollars, to be recov-
ered by complaint in any court competent to try the same.

Approved April 6, 1859.

An Act relating to police courts. Chan 2Sfi

Be it enacted, Sfc, as folloivs: ^

Section 1. All complaints made to any police court or complaints ana
trial justice, shall be entered on a docket to be kept for the '^'^"^°'^-
purpose, and all warrants issued upon any complaint shall
be returned to the court or justice specified in the warrant,
with the return of the officer serving the same, or who had
the same for service, indorsed thereon.

Section 2-. The clerks of the several police courts, where cierks to receive
the office of clerk is established by law, shall receive all fees, fees. ^'^'^°"'^' ^°'
fines, forfeitures and costs accruing from the business of
said court in civil and criminal cases, and shall account for,
and pay over the same quarterly, in the months of January,
April, July and October, to the parties entitled to receive
the same, under the acts by which such courts were severally
established, or by other provisions of law.

Approved April 6, 1859.

An Act to regulate proceedings in equity.

Be it enacted, §'c., as follows :

Section 1. All cases in equity, and all motions and other Equity cases to
applications therein, whether interlocutory or final, shall, in ute"^ supreme ^Ju-
the first instance, be heard and determined by some one d'ciai court.
justice of the supreme judicial court.

Section 2. From all final decrees made by such justice. Final decrees,
any party aggrieved may, within thirty days after the entry
of such decree, enter an appeal to the full court, by causing
an entry of such claim to be made on the clerk's docket ;
and thereupon all proceedings under such decree shall be ■^pp^^U[°'^*°
stayed, and such appeal "shall be thereupon deemed to be
pending before the full court, who shall hear and determine

Chap. 237

402

1859.— Chapter 237.

Court may re-
mand caBe, &c.

Injunctions, &c.,
by a single jus-
tice, until, &c.

Interlocutory de-
crees.

Appeals from .

Revision of de-
crees.

Report of evi-
dence to full
court.

Oral evidence ex-
cluded.

the same, and affirm, reverse or modify the decree appealed
from, as to them may seem lawful. And, upon the reversal
of any final decree, when it shall be found most convenient
so to do, the full court may remand the cause to a single
justice, further to proceed therein, in conformity with such
directions as may be found necessary and proper, or may
refer the cause to a master, or take such other order respect-
ing future proceedings therein as equity may require, and
as may be found most conducive to the just and speedy
determination of the case.

Section 3. When an appeal shall be taken from a final
decree, it shall be lawful for the single justice by whom such
decree was made, to make such orders for injunctions and
the appointment of receivers, or for continuing the same in
force, as he may deem needful for the protection of the
rights of parties, until the appeal can be heard by the full
court ; subject, however, to be modified or annulled, by the
order of the full court on motion, after such appeal shall
have been taken.

Section 4. From all interlocutory decrees made by a
single justice, granting or refusing ay injunction, or appoint-
ing or refusing to appoint a receiver, any party aggrieved
may, in like manner, appeal to the full court ; but such
appeal shall not suspend the execution of the decree of the
single justice, nor be deemed to transfer to the full court
the entire cause, or any matter therein, save the question
whether the interlocutory decree appealed from, shall be
affirmed, reversed or modified.

Section 5. All interlocutory decrees not appealed from,
shall be open to revision on appeals from final decrees, so far
as it shall appear to the full court that such final decrees
have been materially and erroneously affected tliereby ; but
not otherwise.

Section 6. When witnesses are examined orally before a
single justice, upon any matter pending before him, in which
an appeal maybe taken, such oral evidence shall be reported
to the full court. And the supreme judicial court shall
provide by general rules for some convenient and effectual
means of having the same reported, either by the justice
before whom the hearing is had, or by some person designgited
by him for that purpose. No oral evidence shall be exhib-
ited to the full court, but the cause shall be heard, on appeal,
upon the same evidence exhibited on the original hearing :
provided, lioivever, that it shall be competent for the full
court to grant leave to parties, in special cases of accident
QP mistake, to exhibit further evidence before them, and to

1859.— Chapter 237. 403

provide by general rules, for the conditions under, and modes
in which, such additional evidence shall be taken.

Section 7. For all hearino-s, and makinor, enterino- and court to bedeam-

Tc ■ 1, T IT °. ., '=' , ". ,ed always open,

modiiying all orders and decrees m equity causes, by a single except, &c.
justice, the supreme judicial court siiall be deemed always
open, in every county, except on Sundays and holidays
established by law. And either a single justice or the full
court, sitting in one county, may hear and determine cases
pending in another county, and any motion therein, wlien
they deem it needful so to do. And all orders and decrees
made on such hearings, shall be transmitted to the clerk in
the proper county, to be by him entered.

Section 8. Every order and decree shall bear date as of Date of order and
the day when the same is actually entered by the clerk, and
such date shall be minuted thereon by the clerk at the time
of entering the same.

Section 9. No process for the execution of any final issue of process
decree, made by any single justice, shall issue until after
the lapse of thirty days, from and after the date of the entry
thereof, unless all parties against whom such decree is made,
shall waive an appeal, by an entry on the clerk's docket, or
by a writing filed in the cause ; in which case such process
may issue immediately.

Section 10, When a party has, by accident or mistake, Petition for leave
omitted to claim an appeal from any final decree within the ° *^^** '
time allowed for that purpose, he may, at any time within
one year after the entry of the decree from which he desires
to appeal, apply to the full court, by petition, for leave to
appeal ; and such leave may be granted in such cases, and
upon such terms as shall seem to the court just and equitable.

Section 11. The justice by whom a case is heard for case may be re-
final decree, may reserve and report the same for the con- co"rt^ *^°' *^""
sideration of the full court ; and thereupon the like pro-
ceedings and effects shall ensue, as in appeals] from final
decrees.

Section 12. Appeals from courts of probate shall have Appeals in pro-
the same rights as to hearing, determination and jurisdiction, ^^^°^*'^-
before a single justice of the supreme judicial court, as
equity cases have.

Section 13. Either a single justice or the full court, court may fiame
shall have power to frame issues in any equity cause pending where til'betrltd'
before them respectively, and direct the same to be tried in
the county where such cause is pending, either at the bar of
the supreme judicial court, or of the superior court, at his
or their discretion ; and the same shall be tried accordingly.

Section 14. This act shall take effect on the fourth day
of July next. Approved April 6, 1859.

4jQ4 1859.— Chapters 238, 239.

Chat) 238 ^ ^^^ relating to schools, school committees and school

"' KETURNS.

Be it enacted, ifc, as folloivs :

Penalty for Beg- SECTION 1. All}' citj OP towii, wliicli sliall refiisG or neg-

schooi money, Icct to raisG moiiej for the support of schools, as required

committee.^*''^°°^ by the laws of this Commonwealth, shall forfeit a sum equal

to twice the highest sum which had ever before been voted

for the support of schools therein ; and any city or town,

which shall refuse or neglect to choose a school committee

to superintend said schools, shall forfeit a sum not less than

Reports and re- fivc liuiidrcd iior morc tliaii one thousand dollars ; and if

fnlpri?. '^^^^^ the school committee of any city or town shall neglect to

make the reports and returns required by law, and transmit

the same to the secretary of the Commonwealth, on or

before the last day of April in each year, said city or town

shall forfeit ten per cent, of its share of the school fund ;

Penalty. and if tlicy shall neglect to make and transmit the same as

aforesaid, before the first day of June in each year, said

city or town shall forfeit its whole share of the school fund,

and in addition thereto a sum not less than one hundred

Forfeitures, nor morc than two hundred dollars ; and said forfeitures

e pai . gj^^ij^ jjg p^-^ jjj^Q ^YiQ treasury of the county in which such

town is located, and one-fourth thereof shall be for the use

of the county, and three-fourths thereof shall be paid, by

the treasurer of such county, to the school committee of

such town, if any, and if not, to the selectmen of such town,

for the support of schools therein.

Repeal. SECTION 2. The sixtieth section of the twenty-third

chapter of the Revised Statutes, and all acts and parts of

acts inconsistent with this act, are hereby repealed.

Approved April 6, 1859.

Chap. 239

Aisr Act relating to the bastardy process.
Be it enacted, Sfc, as follows :
Warrant, where SECTION 1. Thc Warrant authorized to be issued by the
re urna e. forty-iiintli chaptcr of the Revised Statutes, may be made
returnable before the justice who receives the complaint and
issues the warrant, or before any other justice in the same
county authorized to issue the same, or before any police
May be served in court ill tlic couuty autliorizcd to issiic the same; and any
any county. gucli Warrant shall run into every county in the Common-
wealth, and the sheriff or other officer to whom the same
may be directed, may pursue and apprehend the party
charged, in any county of this Commonwealth, and for this
purpose may command aid and exercise the same authority
as in his own county.

1859.— Chapter 239. 405

Section 2. When the complainant is an inmate of the Jurisdiction of
hospital at Rainsford Island, or of the house of industry at DeerisLuds.
Deer Island, in the city of Boston, the complaint may be
received by any justice of the peace for the county of
Suifolk ; and in such case the warrant shall be made return-
able before the police court of the city of Boston.

Section 3. When a complaint has been made, under complaint may
the provisions of said forty -ninth chapter, or of this act, and secuted^Ty ^pa-
the complainant neglects or refuses to prosecute the same, ggej.s, °&c.°Ta
or when any woman, entitled to make a complaint there- «'^^<'' &'=•
under, shall neglect or refuse to make such complaint at the
request of either of the overseers of the poor of the town
in which she has her settlement, if any, within the state, or
otherwise at the request of either of the overseers of the
poor of the town where she resides, or either of the alien
and state pauper commissioners, or of the superintendent of
either of the state almshouses, or of the hospital at Rainsford
Island, or by any person authorized by either of them in
writing, or by either of the parents or guardian of said
woman, such overseer or other officer or person, parent or
guardian, may make such complaint, or prosecute to final
judgment such complaint already made, for the benefit of
such town, or of the Commonwealth, parent or guardian ;
and in such cases the bond required by the fourth section of
the said chapter, shall be made to and for the benefit of such
town. Commonwealth, parent or guardian, in such form as
the court shall order.

Section 4. In any case commenced or prosecuted under Motiier may tes-
the provisions of said forty-ninth chapter, or of this act, the *'*^'
mother of the child for whose support such proceedings are
had, shall be admitted as a witness in support of such
complaint, although she may not have made the accusation
required by the first and third sections of said forty-ninth
chapter; but the fact of such accusation in time of travail Maybeoom-
may be put in evidence upon trial to corroborate her testi-
mony, and she may be compelled to testify to any facts
within her knowledge relating to the subject matter of said
complaint, and the admissions she may make or tlie testimony
she may give relating to the subject matter of said complaint,
shall never be used against her in any criminal prosecution,
except such as may be instituted against her for perjury
committed while so testifying.

Section 5. No complaint, commenced under the provi- J^'" complaint to

.-„ .^. ,' n ^ • iini"^ withdrawn or

sions 01 said lorty-ninth chapter, or oi this act, shall be settled witiiout
withdrawn, dismissed or settled, by agreement of the mother see"rs^'^&c.,°ini-
and the putative father, without the consent of the overseers ''^*'' ^'^-

31

406

1859.— Chapters 240, 241, 242.

of the poor of the town in which the complainant has her
settlement or residence, or of one of the state officers named
in the third section of this act, or of the parent or guardian
of said complainant, unless provision shall be made to the
satisfaction of the court to relieve and indemnify such town
or the Commonwealth, parent or guardian, of and from all
charges that have accrued or may hereafter accrue for the
maintenance of such bastard child, and for the costs of
complaint and prosecution thereof ; and no settlement made
by the mother and father, before or after complaint has been
made, shall relieve the father from any liability he may be
under to any town, or to the Commonwealth, for the support
of such bastard child.

Section 6. For the purposes of this act, any woman, an
inmate of either of the state almshouses, may be deemed a
resident of the place where she had her last or usual place
of abode, before she became an inmate thereof; and in case
of such inmate, a complaint by her, or in her behalf by a
public officer, parent or guardian, as aforesaid, for the sup-
port of such bastard child, may be made before any justice
of the peace for all the counties, or for the county where she
is at the time thereof, or for the county where she has her
Warrant, where rcsidencc, as aforcsald ; and in such cases the warrant shall
be made returnable in the county where she resides, as
aforesaid, or in the county where the defendant resides.

Section 7. This act shall take effect upon its passage.

Approved April 6, 1859.

state pauper, reS'
idence determin-
ed.

Jurisdiction.

returnable.

Chap. 240

Salaries to be
paid monthly.

Chap. 241

Price of blank
writs

An Act relating to officers in the state prison.

Be it enacted, §'c., as follows :

Section 1. All officers of the state prison shall receive
their salaries in monthly instead of quarterly payments.
Section 2. This act shall take effect on the first day of

May next. Approved April 6, 1859.

An Act relating to blank writs.
Be it enacted, §'c., as folloivs :

The price of blank writs issued by police courts, the
justices whereof are paid by salaries, for civil business, or
by the justices' court of the county of Suffolk, shall be
five cents for each writ. Approved April 6, 1859.

Chan. 242 "^^ -^^^ concerning the Hampshire and hampden railroad

-' " COMPANY.

Be it enacted, §'c., as follows :

Rates of tran.spor- SECTION 1. The Conuccticut Rivcr Raili'oad Company

tation by Con- -ii • -, . iit ■, T

necticut River IS hereby required to transport and deliver merchandise,

1859.— Chapter 243. 407

passengers or cars destined to or received from any point, by Railroad com-
the way of the Hampshire and Hampden Raih-oad, at the ^''"^'
same rate, per mile, as it shall transport and deliver like
merchandise, passengers or cars, destined to or received
from the same points, by the way of the Hartford and New
Haven Railroad, or the Western Railroad. The Western By western rwi-
Railroad Corporation is hereby required to transport and "^"^ "'^"^ '°"'
deliver merchandise, passengers or cars, destined to or
received from any point, by the way of the Hampshire and
Hampden Railroad, at the same rate, per mile, as it shall
transport and deliver like merchandise, passengers or cars,
destined to or received from the same points, by the way of
the Hartford and New Haven Railroad, or of the Connec-
ticut River Railroad : and said corporations shall, respec- Facilities of
tively, permit to said Hampshire and Hampden Railroad be^equaA aua°re°-
Corporation like facilities for the speedy transportation of '"p^'°'''*^-
such merchandise, passengers or cars, and in the interchange
and use of cars, so far as may be required to accommodate
its business, and also in furnishing passage tickets to passen-
gers who may have come over, or may wish to go over said
Hampshire and Hampden Railroad, as they shall, respec-
tively, furnish to the said Hartford and New Haven Railroad
Company, and to said Connecticut River Railroad Company :
and the like facilities shall be extended by said Hampshire
and Hampden Railroad Corporation to the said Western
Railroad Corporation, and the Connecticut River Railroad
Company, as are secured to said Hampshire and Hampden
Railroad Corporation, by the provisions of this act.

Section 2. Either of said corporations which shall Renames for vio-
wilfully violate the provisions of this act, shall forfeit for
each and every offence the sum of five hundred dollars, to
be recovered by action of tort by any corporation injuriously
affected by such violation. Approved April 6, 1859.

An Act concerning the medford and charlestown railroad (J/ij^n 243

COMPANY. " "'

Be it enacted, Si'c, as follows:

Section 1. The Medford and Charlestown Railroad Com- Location extend-
pany are hereby authorized to erect and maintain a railway ^^
or railways, with convenient single or double tracks, in the
town of Winchester, in continuation and as a part of their
continuous railway or railways built or to be built, in the
towns of Medford and Somerville, under chapter three hun-
dred thirty-six, of the acts of the year eighteen hundred
fifty-five, as amended by chapter seventeen of the acts of the
year eighteen hundred fifty-seven. The powers and duties Town of win-
of the town of Winchester and of its selectmen, as well as and^dutiesTf!^*

408 1859.— Chapters 244, 245.

those of said company witli reference to the erection, mainte-
nance and use of such railway or railways, and tlie owning
of land by said company within the limits of Winchester,
shall be the same as those of Medford and Somerville and of
the selectmen of each, respectively, and of said company,
are with reference to the railway or railways of said com-
pany, and their owning of land within the limits of Medford
and Somerville respectively.
Capital not to SECTION 2. The capital stock of said company shall be

exceed $200,000. , j i i p r j-j. in i ^ i n a.

represented by shares oi hity dollars each, and shall not
Shares, !^bo. cxcced two liundrcd thousand dollars, and no share shall be

issued for less than fifty dollars actually paid in.

Time extended to SECTION 3. The time fixcd by section twelve ^of said

*^' ■ chapter three hundred thirty-six, for doing tlie things

thereby required to be done, shall be extended to May of the

year eighteen hundred sixty-two.
Repeal, except, SECTION 4. Said chapter seventeen, and section eight of

said chapter three hundred thirty-six, are hereby repealed,

saving, however, all vested rights under each.

Approved April 6, 1859.

Cha/D 244 -^^ ^^^ ^^ incorporate the new BEDFORD WOMEN'S REFORM AND
^ " RELIEF ASSOCIATION.

Be it enacted, &x., as follows :

Corporators. SECTION 1. E. H. Blacklcr, Eliza Rodman and Elizabeth

H. Pitman, of New Bedford, their associates and successors.

Name. are hereby mad^ a corporation by the name of the New

Purpose. Bedford Women's Reform and Relief Association, for the

purpose of providing a retreat for the reformation, relief
and encouragement of those of their sex who have strayed
from the path of virtue ; with all the powers and privi-
leges, and subject to all the duties, liabilities and restric-
tions, set forth in the forty-fourth chapter of the Revised
Statutes.

Real and person- SECTION 2. The Said corporatiou may hold, for the pur-

ul estate SfelO OOO •/ / x

' ■ pose aforesaid, real and personal estate to the amount of
ten thousand dollars.

Section 3. This act shall take effect on its passage.

Approved April 6, 1859.

Chap. 245 -^^ -^'^'^ ^^ addition to an act to authorize THE BUSINESS OF

LOAN AND FUND ASSOCIATIONS.

Be it enacted, Sfc, as folloics :

^"^^- Section 1. Every corporation organized, or which may

hereafter be organized, under the four hundred and fifty-
fourth chapter of the acts of the year one thousand eight
hundred and fifty-four, shall have, as part of the title by

1859.— Chapters 246, 247, 248. 409

which it shall be called and known, the following words, to
wit : " Loan and Fund Association ; " and no corporation so
organized shall take any title, indicating the intention of
doing any other business than that of a loan and fund
association.

Section 2. No corporation organized as aforesaid shall Deposits of mo-

i •11 1 °^y ^'^^ received

receive deposits of money, otherwise than such as may be except, &c.
paid in by the shareholders of said corporation on their
several shares of stock therein.

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

passage. Approved April 6, 1859.

An Act concerning mortgages of personal property. Chat) 246

Be it enacted, cVc, as folloios .

Any mortoaa-or of personal property, or any other person, Fraudulent con-

, 11,^*' ^ 1 1 11 • 1 1 - J.1 1 cealmentofmort-

who shall remove or conceal, or shall aid or abet the removal gaged property,
or concealment of said mortgaged property, or any part or assent thereto.
thereof, with the fraudulent intent to place the same beyond
the control or reach of the mortgagee, or any mortgagor
who shall assent to such removal or concealment, shall be Penalty.
punished by a fine not exceeding one thousand dollars, or by
imprisonment in the county jail or house of correction,
for a term not exceeding one year. Approved April 6, 1859.

Chap. 247

An Act to define the right to take kelp and other sea-weed
between high and low-water mark.

Be it enacted, Sf'c, as folloivs :

Section 1. Any person may take and carry away kelp or Keip may be
other sea-weed between high and low-water mark, whilst the
same is actually afloat in tide waters : provided, that for proviso.
such purpose no person shall enter on upland or on lawfully
inclosed flats without the consent of the owner or lawful
occupant thereof.

Section 2. This act shall not be deemed to apply to any Not to apply m
city or town in which the subject matter is regulated by certain cases.
special act of the legislature. Approved April 6, 1859.

An Act concerning persons sentenced to the state prison. Chan. 248
Be it enacted, Sfc, as folloios :

Section 1. Whenever any person shall be sentenced to computation of

^ . ,.,1 ,i' ij. ••j.i time of sentence.

Imprisonment m the state prison, and to remain in the
custody of the sheriff until removed in execution of such
sentence, the time during which he shall so remain in the
custody of the sheriff, shall be computed as part of the time
of sentence imposed by the court, and he shall be discharged
from custody at the same time he would have been if re-

Bioners.

410 1859.— Chapter 249.

Proviso. moved immediately upon sentence : provided^ that nothing

in this act shall be construed to apply to the case of a sen-
tence limited, to take effect upon the expiration of any
previous sentence.

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

passage. Approved April 6, 1859.

Chap. 249 ^^ -^^t in relation to the control and management of jails

and houses of correction.

Be it enacted, ^c, as follows :

sheriEf to have SECTION 1. In thc scvcral counties, except Suffolk, the

charge, except m . n ^^ i i

Suffolk county, jails and houses of correction, for all purposes contemplated
by this act, shall be considered one and the same institution,
and the sheriff shall have the custody, rule and charge of
the same, and shall keep the same himself, or by his deputy
as his master or keeper, for whom he shall be responsible :
and the master or keeper shall appoint all other subordinate
assistants, employees and officers, for whom he shall be
responsible.

Salaries of officers SECTION 2. The couiity commissioiiers of each county

county commis- shall cstablisli fixcd salarics for all officers, assistants and
employees of jails and houses of correction, which shall be
the full compensation of said officers, assistants and em-
ployees, in lieu of all sums now received by them in their
office, for board, turnkey fees, perquisites or otherwise ; and
for such salary, said officers, assistants and employees shall
devote their whole time to the discharge of all duties devolv-
ing upon them by virtue of their offices, unless released
therefrom by the assent of the county commissioners.

Court of common SECTION 8. If the slicriff" of the county deems any salary

pleas to fix com- j.itiii,i / . •• -i ■

pensationincase, established by thc county commissioners an inadequate com-
*'*'■ pensation, or the master or keeper be dissatisfied with the

amount thereof, lie may present his petition, showing the
facts, to the court of common pleas next to be holden in and
for said county, who shall cause notice thereof to be given
to the chairman of said county commissioners ; and after
hearing the matter of said petition, said court shall deter-
mine the amount of such allowance, and pass such further
order in the premises as law and justice may require.
County commis- SECTION 4. Thc countv commissioiicrs of the several

sioners to pro- j^- i n , i i •

cure supplies. couutics Shall procurc, or cause to be procured, m any man-
ner in which they may designate, all necessary supplies for
the said jails and houses of correction, all of which shall be
furnished and purchased under the direction of the commis-
sioners and at the expense of the county : provided., /loivever,
that the county commissioners shall make no extra charge

1859.— Chapter 249. 411

for said service by commission or in any other manner, nor no extra com-
shall they allow any commission, or other compensation, to sucu^ervice.
the master or keeper of the jail or house of correction, or
any other person, for making any such purchases by their
authority or in their behalf.

Section 5. The county commissioners of the several county commia-
counties shall, on the first Wednesday of January, in the spedaf oveweers
year one thousand eight hundred and sixty, and annually p^o'ses*''*^'^ ^'*''
thereafter, appoint to each house of correction two or three
discreet and suitable persons (other than the commissioners
or the sheriff) of the county to be overseers, and in no case
shall their individual compensation exceed one hundred
dollars per annum, for services and travel ; and said over-
seers shall have the power to make contracts for work to be
done in the ho'uses of correction, with any suitable person
disposed to supply materials to be there wrought, and in all
such cases it may be stipulated that the parties contracting
for the labor of the prisoners shall furnish a suitable person
or persons to oversee the labor of the convicts and to instruct
them in business or trades : provided^ hoivever, that persons Proviso.
so selected shall be approved of by the overseers, and they
shall not in any manner interfere with the discipline of the
jail or house of correction, and shall faithfully observe and
conform to all the rules of discipline laid down for the
guidance of the officers connected with the jail and house
of correction.

Section 6. Whenever the overseers of the house of cor- Prisoners may be
rection, or the county commissioners, shall desire to employ tain labors.
any prisoners to labor upon lands or buildings, connected
with the jail or house of correction, or other county build-
ings, they are hereby empowered to employ, as far as
desirable, said convicts, with the assent of the master or
keeper of said house of correction. *

Section 7. Whenever there are in any county two or classification in
more houses of correction, the sentence of prisoners shall ?^one c^Sntj^^"'
be to either house of correction in said county, and the
sheriff" and county commissioners may classify said convicts
as they may deem best ; and they may place them in either
house of correction, for the term which they were sentenced
by the court.

Section 8. The county commissioners shall have the county commis-

/ , [. .1 • •! 1 sioners may re-

power to remove any master or keeper irom the jaii and movs ma.xters or
house of correction, for any neglect of duty, or for wasteful fec*tr&c.^°'^ °^^'
or extravagant use of supplies furnished for the use of said
jail and house of correction, by preferring complaint, and
showing the facts, to the court of common pleas next to be

412 1859.— Chapters 250, 251.

holdeii ill and for said county ; and after hearing the matter

of said complaint, said court shall determine the matter,

and such decision shall be final. No overseer, master or

keeper, shall be removed prior to the first Wednesday of

January next, without complaint as above.

Act not to affect SECTION 9. This act sliall not affect any suit or suits

ac^ruel^lndJbt- uow pending, or which may hereafter be commenced, for

edness. compcnsatiou for services, or support of prisoners, or otlier

necessary expenses which may have accrued prior to the

time when this act shall go into effect.

Approved April 6, 1859.

Chan 250 ''^^ ^^^ ^^ addition to an act entitled " AN ACT TO REGULATE
■^' THE MEASUREMENT OF CHARCOAL," PASSED MAY FOURTH, EIGH-

TEEN HUNDRED AND FIFTY-THREE.

Be it. enacted, S)-c., as follows :
Penalty for hav- SECTION 1. Evcry vcudor of cliarcoal who shall have in
measures. liis posscssiou any basket, tub, box, bin, vessel or measure,

of less dimensions than is required by the act to which tiiis
is an addition, or which is not sealed as therein provided,
with intent to use the same or permit the same to be used
for measuring of charcoal, sold or agreed to be sold, shall
forfeit and pay the sum of ten dollars for each and every
such offence, to be recovered by indictment or complaint
before any court or magistrate of competent jurisdiction ;
one-lialf to the use of the city or town where the offence
shall be committed, and the other half to the use of the
complainant.
Duty of iuspec SECTION 2. Evcry inspcctor of charcoal baskets, who
shall be appointed in conformity to the provisions of the
fourth section of said act, shall have power and authority to
seize all baskets, tubs, bins, boxes, vessels or measures used
or intended to be used as aforesaid, not in accordance with
the requirements of said act, and also to arrest, without a
warrant, the person in whose possession the same sliall be
so found, and to take him and the said basket, tub, bin, box,
vessel or measure, before the proper tribunal for prosecu-
tion ; and whenever, upon a trial or otherwise, before any
court or magistrate, such person shall be convicted, said
court or magistrate shall order such basket or other measure
as aforesaid, to be destroyed. Approved April 6, 1859.

Chan 251 An Act to revive the eastern ave:nue corporation.

Be it enacted, §"c., as follmos:

Chap. 148, 1852 The corooratioii created by chapter one hundred and forty-
eight, of the acts of eighteen hundred and fifty-two, is hereby

1859.— Chapter 252. 413

revived, and the parties named in said act, now surviving, surviving corpo-
are hereby authorized to call a meeting to organize said cor- [ze ""withir^sL
poration anew, with all the powers conferred by said act ; '^'°'^^^'^-
provided, that said meeting be called, and said corporation
be organized, within six months from the passage hereof;
a.nd provided, also, tha.t the avenue, bridge and street, named Avenue, &c., to
in said act, shall be completed within five years from the yeaTs"'''''*'"^"' ^
passage of this act ; and provided, also, that the rights of Damages,
parties to damages, occasioned by the laying out and con-
struction of said avenue, bridge and street, and the remedies
therefor, and for securing the payment of the same, shall in
all respects be the same, as are by law provided, in relation to
damages occasioned by the laying out and constructing
railroads. Approved April Q, 1859.

An Act to abolish the school district system. Chap. 252

Be it enacted, Sfc, as follows :

Section 1. The school district system in this Common- ^i"*™* «y«'e"»

11-1 1 1 T 1 1 abolished.

wealth is hereby abolished.

Section 2. As soon as conveniently may be, prior to the Towns to take
first day of January, in the year eighteen hundred and schoofproplrty!
sixty-one, each town in which the district system now exists,
shall take possession of all the school-houses, lands, appa-
ratus and other property now belonging to the several school
districts therein, and used for school purposes. The pro- Disposal of same.
perty so taken shall be appraised under the direction of the
town, and at the next annual assessment thereafter, a tax
shall be levied upon the whole town, equal to the amount of
said appraisal ; and there shall be remitted to the tax payers
of each district the said appraised value of its property thus
taken. Or the difference in the value of the property of
the several districts, may be adjusted in any other manner
that may be agreed upon by the parties in interest.

Section 3. Upon the abolition of the district system, as corporate powers

i ,,.,.■,.,.,. 1°' districts to re-

herein provided, the corporate powers and liabilities oi each main for certain
district shall continue and remain, so far as may be necessary J'"''p°*'*^-
for the enforcement of its rights and duties, or for carrying
out the intention of this act, in the transfer of property or
otherwise.

Section 4. Each town shall hereafter provide and main- Towns to provide

™ . , 1 J? "'"'^ maintain

tain, at tlie expense ot said town, a suiiicient number oi srhooi-houses.
school-houses, properly furnished and conveniently located
for the accommodation of all the children therein, legally
entitled to attend the public schools.

Section 5. The school committee shall have and exercise Powers of school
the control and supervision of all the public schools and

32

414

1859.— Chapter 253.

Act to take effect
July 1, 1860.

County treasur-
ers to receive sal-
aries.

Salaries estab
lished.

school-houses within their respective towns, and shall make
such regulations concerning the same, not repugnant to the
laws of the Commonwealth, as they may deem expedient.

Section 6. This act shall take effect from and after the
first day of July, one thousand eight hundred and sixty.

Ajjproved April 6, 1859.

Chap. 253 -^^ -^^"^ relating to county treasurers.

Be it enacted, §"£., as follows :

Section 1. The treasurers of the several counties of the
Commonwealth shall hereafter receive fixed annual salaries,
to be paid from the treasury of such counties, in equal
quarterly payments ; which salaries shall be in full for all
services performed, and in lieu of all commissions, heretofore
received by them.

Section 2. Until otherwise provided by law, said treas-
urers shall receive the following salaries, to wit :

The treasurer of the county of Barnstable, five hundred
dollars :

The treasurer of the county of Berkshire, eight hundred
dollars :

The treasurer of the county of Bristol, eleven hundred
dollars :

The treasurer of the county of Dukes county, one hundred
dollars :

The treasurer of the county of Essex, fifteen hundred
dollars :

The treasurer of the county of Franklin, six hundred
dollars :

The treasurer of the county of Hampden, eight hundred
dollars :

The treasurer of the county of Hampshire, six hundred
dollars :

The treasurer of the county of Middlesex, two thousand
dollars :

The treasurer of the county of Norfolk, eleven hundred
dollars :

The treasurer of the county of Plymouth, six hundred
dollars :

The treasurer of the county of Worcester, fifteen hundred
dollars.

Section 8. Offices for the use of the treasurers shall be
furnished by the counties, and shall be in one of the court
houses, or other county buildings.

Section 4. So much of the fifty-first section of the
fourteenth chapter, and so much of the tenth section of the

Repeal.

1859.— Chapters 254, 255, 256. 415

one hundred and forty-first chapter of the Revised Statutes,
as relates to the compensation and commissions of county
treasurers, is hereby repealed.

Section 5. This act shall take effect from and after the
first day of July next. Approved April 6, 1859.

An Act in relation to insane convicts in the state prison. Chap. 254
Be it enacted, Sfc, as folloivs :

Section 1. It shall be the duty of the physician of the Prison physicians

., . , ... ,..,. /•• liij to visit and direct

state prison to visit, and give his proiessional attendance transfer and care
upon all convicts confined therein, who are insane, and he "[ctg""""® '^°^'
shall direct the removal of such insane convicts to the
prison hospital, whenever in his opinion it may be done
without detriment to the other persons confined in said
hospital ; and he shall see that every insane convict has
reasonable and sufficient daily exercise outside of his cell or
place of confinement, whenever in his opinion it may be
safely permitted.

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

passage. Approved AprU 6, 1859.

lu cer-

An Act concerning state paupers. Chan. 255

Be it enacted, ^-c, as follows :

The board of alien commissioners shall have power to Alien commis-

, p , , , 1 i • 1 cj. ^ sioners to trans-

transfer any state pauper that now is or hereafter may be an fer and disciiarge
inmate of either of the state almshouses, or of the hospital [ain'c'ases!''
at Rainsford Island, or of either of the state lunatic hospitals,
from any of the said institutions to either of the others, and
also to discharge and send to any state or place where they
belong, any of the state paupers from the said institutions,
whenever, in the opinion of the commissioners, the interests
of the Commonwealth or the inmates aforesaid, may be
promoted thereby : provided, that in effecting the discharge ProTiso.
or transfer of the patients in the lunatic hospitals, they shall
have the concurrence of the trustees of said institutions in
such changes. Approved April 6, 1859.

An Act concerning the new prison in Worcester county. Chap. 256

Be it enacted, Sfc, as follows :

Section 1. The county commissioners for the county of county commis-

_^^ •' 1 1 • 1 1 • sioners to estao-

Worcester, are hereby authorized to establish the new prison iish new prison.
lately erected by them in the town of Fitchburg, in said
county, as one of the jails and houses of correction, for the
use of said county.

Section 2. This act shall take effect on its passage.

Approved April 6, 1859.

416 1859.— Chapters 257, 258.

Chan. 257 ^^ ^^'^ relating to the compensation and duties of sheriffs.
B: it enacted, Sj'c, as follows:

Salaries, fixed SECTION 1. TliG slieriffs of tliG sGveral couiities sliallreceive
annual salaries from the treasury of such counties, payable
quarterly, as follows : The sheriff of Barnstable, four hun-
dred dollars ; the sheriff of Berkshire, eight hundred dol-
lars ; the sheriff of Bristol, one thousand dollars ; the sheriff
of Dukes county, two hundred dollars ; the sheriff of Essex,
fifteen hundred dollars ; the sheriff of Franklin, seven hun-
dred dollars ; the sheriff of Hampden, eight hundred dol-
lars ; the sheriff of Hampshire, seven hundred dollars ; the
sheriff of Middlesex, two thousand dollars ; the sheriff of
Nantucket, two hundred and fifty dollars ; the sheriff of
Norfolk, one thousand dollars ; the sheriff of Plymouth, six
hundred dollars; the sheriff of Suffolk, twenty-five hundred
dollars ; the sheriff of Worcester, eighteen hundred dollars.

Fees to be ac- SECTION 2. Tlic Said slioriffs shall, annually, on or before

paid over. tlic fifteenth day of December, render to the treasurer of

their respective counties, under oath, a true account of all
fees and moneys which they have received by virtue of their
office ; and they shall at the same time, pay over the same
to said treasurers.

Duties. Section 3. The sheriffs shall attend all courts in their

several counties, including meetings of the county commis-
sioners, when ordered so to do by the board, and shall per-
form all other duties now required of them by law.

Mileage. Section 4. Tlic rate of travel allowed to sheriffs for

returning, to the office of the secretary of the Common-
wealth, the votes for state, county and district officers, and
for representatives to congress, shall be eight cents a mile,
to be computed as now required by law.

Repeal. SECTION 5. Sectioii cighty-uine of chapter fourteen of the

Revised Statutes is hereby repealed.

Section 6. This act shall take effect on the first Wed-
nesday in January next. Apjmwed April 6, 1859.

Chan 258 -^^ -^^'^ concerning the taxation of minors.

Be it enacted, §'c., as follows:
Property of mi- Section 1. All pcrsoual property, not exempted from
dianship, ^how taxatiou, belonging to minors under guardianship, shall be
*'^^^^' assessed to the guardian in the town where the minor may

reside and have his home, unless the minor shall reside and
have his home without the jurisdiction of this Common-
wealth ; in which case such property shall be taxed to the
guardian in the town where the guardian shall reside and
have his home.

1859.— Chapters 259, 260, 261, 262. 417

Section 2. The one hundred and sixth chapter of the Repeal,
acts of eighteen hundred and fifty-five, is hereby repealed.

Section 3. This act shall take effect from and after its
passage. Approved April, 6, 1859.

An Act to regulate the use of steam-boilers. Chap. 259

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

The act entitled "An Act to regulate the use of Steam- chap. i9i, of
engines," is hereby amended by inserting the words " and
steam-boilers," after the words " steam-engine," wherever
those words occur in said act, passed on the seventh day of
May, in the year one thousand eight hundred and fifty-two.

Approved April 6, 1859.

An Act in addition to an act concerning electric telegraph

COMPANIES and ELECTRIC TELEGRAPHING.

Chap. 260

Be it enacted, §'c., as follows :

Section 1. Towns which may be otherwise liable in Telegraphic ^
damages to any person for injury to his person or property, PbieUrlZages
occasioned by telegraphic posts or other fixtures erected on occasioned by.
highways or town ways, shall not be deemed to be discharged
from such liability by reason of the place of erection of
said posts or other fixtures having been designated by
the selectmen of such towns, in virtue of the act to which
this is in addition, or by reason of any thing in said act
contained.

Section 2. The companies or persons erecting such |i^"^r''se 'towns'*'"
telegraphic posts or fixtures, or to whom they may belong,
shall be held to reimburse and repay to said towns the full
amount of damages and costs recovered as aforesaid by any
party injured. Approved April 6, 1859.

An Act for the further protection of trees on highways. Chan. 261

Be it enacted, §'c., as foUoios :

Whoever shall, negligently or carelessly, suffer any horse ^covTed.^""^
or other beast driven by or for him, or any beast belonging
to him and lawfully being on the highway or other public
way, to break down, destroy or injure any tree, not his own,
standing for use or ornament on the said highway, oi\shall
negligently or wilfully, by any other means, break down,
destroy or injure any such tree, shall be subject to an action
for damages, at the suit of the owner or tenant of the land
in front of which such tree stands. Approved April 6, 1859.

An Act relating to the annual returns of railroad Chap. 262
corporations.

Be it enacted, §'c., as follows :

It shall be the duty of the secretary of the Commonwealth secretary to pre-

1 ,1 • "l 1 ii.i?j.i pare abstract,

to prepare, and cause to be printed, an abstract oi the annuauy, and

418 1859.— Chapters 263, 264, 265.

transmit to legis- I'eports of the SGveral railroad corporations, showing the
lature. leading statistics of the several roads, in form as prescribed

by law ; together with such other information as he may
deem useful, and with said abstracts, to be bound in one
volume ; and to transmit to the legislature four hundred
copies of such volume, on or before the second Wednesday
of its session, annually. Approved April 6, 1859.

Chap. 263

An Act relating to schools.

Be it enacted, Sfc, as folloios :

Schools, aud lee- In Gvcry town in the Commonwealth, there shall be kept
branches, " ^vt for at Icast six uiouths in each year, at the expense of said
to"wn.*^ "" ^""^^^ town, by a teacher or teachers of competent ability and
good morals, a sufficient number of schools for the instruc-
tion of all the children who may legally attend public school
therein, in orthography, reading, writing, English grammar,
geograpliy, aritlimetic, the history of the United States,
and in good behavior. Physiology and hygiene shall be
taught by lectures or otherwise, in all the public schools
of the Commonwealth in which the school committee shall
deem it expedient. Approved April 6, 1859.

Chap. 264 -^ -A^CT in addition to " AN ACT PROVIDING FOR THE ELECTION OF

SCHOOL COMMITTEES."

Be it enacted, ^c, as folloios :
^^^t'oi of school Section 1. In any town which may have failed to choose
a school committee, at the time named in the act to which
this is in addition, the election of a school committee, sub-
stantially as required by said act, at any subsequent annual
town meeting, shall be deemed and taken to be valid.
Section 2. This act shall take effect upon its passage.

Approved April 6, 1859.

Chap. 265 An Act RESPECTING the purchase and DISTRIBUTION or THE
REPORTS OF CASES ARGUED AND DETERMINED IN THE SUPREME
JUDICIAL COURT.

Be it enacted, Sfc, as follows :

chasrr7po?ts^fJ; SECTION 1. The sccrctary of the Commonwealth is hereby
other states, &c. authorizcd aud directed to purchase a number, not exceeding
one hundred copies, of the fifth volume of Gray's Reports of
cases argued and determined in the supreme judicial court
of Massachusetts, and of all the volumes of said reports
which may be hereafter published, when the same are ready
Proyiso. for delivery : provided, the cost of the same shall not exceed

three dollars per volume : and said reports shall be distrib-
uted to such states, governments and institutions, as shall

1859.— Chapter 266. 419

furnish the Commonwealth with publications of a like
nature.

Section 2. Whenever the clerk of any town or city in this cities and towns
Commonwealtli sliall certify in writing, and make oath before upon^condmona'
some person duly authorized to administer oaths in civil
cases, that said town or city has not received the fifth volume
of Gray's Reports, or any volume of the reports which may
hereafter be published, of the decisions of the supreme judi-
cial court, and that said town or city has, in all respects, com-
plied with the requirements of the first section of the one
hundred and sixth chapter of the statutes of eighteen hun-
dred and fifty-eight, providing for the preservation of such
books, reports and laws as they may receive from the Com-
monwealth, the secretary of the Commonwealth shall give to
said city or town an order upon the publishers of said
reports, for such volume : provided, he can obtain the same
for a price not exceeding the sum of three dollars.

Section 8. The secretary of the Commonwealth shall Reports due
furnish the past volumes of said reports due to towns which nished, &c.
have not received them, if such towns shall apply, making
oath, as is provided in this act, within six months.

Section 4. The resolve, approved February fourteen, in Repeal.
the year one thousand eight hundred and eleven, authorizing
the secretary to purchase and distribute the reports of
decisions of the supreme judicial court, the resolve approved
February twenty-six, in the year one thousand eight hundred
and eleven, further directing the secretary in the purchase
of said reports, and all provisions of law inconsistent here-
with, are hereby repealed. Approved April 6, 1859.

An Act CONCERNING THE INDIANS OF THE COMMONWEALTH. Chan 266'

Be it enacted.! §"c., as follows :

Section 1. Indians, and the descendants of Indians, Rights of citizen-

1 • •-< 1 • 1-/-I 11 1111 • ii -ii 1 ^'^'P conferred

domiciled m this Commonwealth, shall be invested with tlie couditionaiiy.
rights, public and private, and subjected to the duties apper-
taining by law to citizenship in the Commonwealth, in the
manner and at the time hereinafter prescribed.

Section 2. The governor shall, by and with the advice commissioner to
and consent of the council, appoint a commissioner, whose ^"^pp"'"
province shall be to examine into the condition of all In-
dians, and the descendants of Indians, domiciled in this
Commonwealth, and make report to the governor, for the
information of the general court, on the following matters,
namely :

1. The number of all such persons, their place of abode, census and cias-
their distribution, whether by tribes or otherwise, classifying

420 1859.— Chapter 267.

them by age and sex, and distinguishing between the mar-
ried and single ; and also the number of persons reputed
Indians who are of mixed or other race.
Social conditiou, 2. Thc social and political condition of all such persons,
^"^ including their municipal, religious and educational organi-

zation, and their relation, individual and municipal, to the
counties, towns or districts, in which they dwell.
Property, how 3. Tlic ccouomical statc of all such persons, including the
' ''' specification of all property of theirs in lands, and whether

the same is held in severalty or in common, and whether
now in their own possession, or unlawfully possessed or
occupied by others, and in the latter case by what color of
Paupers. alleged title ; and also what proportion of such persons are

paupers, dependent on the towns in which they dwell, or on
the- state.
other facts for in- 4. All sucli facts lu the pcrsoual or social condition of the
isSture°° °^ ^^^' Indians of the Commonwealth, as may enable the general
court to judge whether they can, compatibly with their own
good and that of the other inhabitants of the state, be placed
immediately and completely, or only gradually and partially,
on the same legal footing as the other inhabitants of the
Commonwealth.
Commissioner to SECTION 3. The commissiouer shall give general notice
|g7ri„g°'"^* °^ by due publication in proper newspapers, and special notice,
so far as may be practicable, to counties, towns or districts,
or other corporations and individuals interested, of times
and places for hearing such parties in relation to the matters
of inquiry with which he is herein charged.
To report at ad- SECTION 4. Tlic commissioncr shall prepare and report
£?at^urT'°°''^ drafts of bills for the consideration of the general court at
its adjourned session, in the view of thus consummating the
present provisions for conferring civil and political rights on
the Indians of the Commonwealth.

Section 5. This act shall take effect from and after its

passage. Approved April 6, 1859.

Chap. 267

An Act in addition to an act to authorize the business of

BANKING.

Be it enacted, ^"c, asfoUoics:

S'^I^t^'mone'^^of Section 1. Bcforc any corporation shall commence the
banks organized busiucss of banking, under the provisions of chapter two
under general i^uudrcd sixty-scvcu of thc acts of eighteen hundred fifty-
one, three commissioners, appointed by the governor, shall,
at the expense of the corporation, examine and count the
money actually in the vaults, and ascertain, by the oaths of
a majority of the directors, that such money has been paid

1859.— Chapter 268. 421

in by the stockholders toward payment of their respective
shares, and not for any other purpose, as required by the
second section of said chapter ; and the commissioners shall
return a certificate thereof to the governor.

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

passage. Approved April 6, 1859.

Chap. 268

An Act to incorporate the stoneham branch railroad

COMPANY.

Be it enacted, Sfc, as follows :

Section 1. J. T. Winchester, John Hill, Allen Rowe, corporators.
Jr., Cyrus Hay, J. P. Gould, Alpha Richardson, Reuben
Locke, Jr., George W. Dike, their associates and successors,
are hereby made a corporation, by the name of the Stoneham Name.
Branch Railroad Company ; with all the powers and privi- privileges, re-
leges, and subject to all the duties, restrictions and liabilities, ^'^"'^"''°''' ^'=-
set forth in the forty-fourth and thirty-ninth chapters of the
Revised Statutes of this Commonwealth, relating to railroads,
and to the statutes subsequently passed relating to railroad
corporations.

Section 2. The said company may locate, construct and Location.
operate a railroad, commencing at some convenient point in
the village of Stoneham, in the county of Middlesex, and
running thence through Woburn, or through Woburn and
Winchester, to intersect with the Boston and Lowell Rail-
road, at some point between the seventh and tenth mile-posts
thereon.

Section 8. The capital stock of said company shall not capital $50,000.
exceed fifty thousand dollars, to be divided into shares of share.s f 100.
one hundred dollars each ; and said company may invest and Reai estate,
hold such part thereof in real estate, as may be necessary
and convenient for the purposes of their incorporation.

Section 4. If the said company be not organized, and Time for organ! •

i-' ci 7_ zation, location

the location of their said road filed with the county commis- and construc-
sioners of the said county of Middlesex, within one year
from the passing of this act, and if said road shall not be
constructed within two years from said time, this act shall
be void.

Section 5. The said Stoneham Branch Railroad Com- ^^^V^low n'l^'i^T
pany, may unite their railroad with the Boston and Lowell road
Railroad, at the point of intersection therewith mentioned in
the second section ; and said Stoneham Branch Railroad
Company may enter upon, and use, the tracks of the Boston
and Lowell Railroad Company, upon the terms, and subject
to the provisions, of the statutes of this Commonwealth,
relating to railroads and railroad corporations.
33

422 1859.— Chapters 269, 270, 271.

Power to consoii- SECTION 6. The Said Stoneliam Branch Railroad Com-

date with Lowell i i i • n t o •

Railroad on con- paiij are hereby authorized and empowered to transfer their

' '°"^' rights, privileges and franchise under this charter, to the

Boston and Lowell Railroad Corporation ; and said Boston

and Lowell Railroad Corporation are hereby authorized to

receive and hold the same, whenever a majority in interest,

of the stockholders of the two corporations respectively, shall

Lowell Railroad elect SO to do ; aiid for this purpose the Boston and Lowell

increase capitoL^ Railroad Corporation may increase their capital stock, by

new shares to the amount of fifty thousand dollars.

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

passage. Approved April 6, 1859.

Chap. 269 -^^ -^ct establishing the salary of the messenger in the

OFFICE OF THE SECRETARY OF THE COMMONWEALTH.

Be it enacted, ^c, as follows:

Salary fixed. SECTION 1. Thc salaiy of the messenger in the office of

the secretary of the Commonwealth shall be eight hundred
dollars per annum, to be computed from the first day of
April, instant.

^v^^^- Section 2. All acts and parts of acts inconsistent here-

with, are hereby repealed.

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

passage. Approved April 6, 1859.

ChaV 270 -^^ ^^^ ^^ addition to an act making APPROPRIATIONS FOR
-^ * THE MAINTENANCE OF THE GOVERNMENT DURING THE CURRENT

YEAR, AND FOR OTHER PURPOSES.

Be it enacted, Sfc, as folloios :
Treasurer to sub- III licu of transferring to the State of Maine the scrip
uLued ""Ttltes authorized to be transferred to the State of Maine in the
*cri''\o"ciahn of ^c""' ^^ wliicli tlils is ill addition, the treasurer and receiver-
state' of Maine, general is hereby authorized and directed, (in case such
payment shall be preferred by said State of Maine,) to pay
or deliver to the State of Maine, to such officer as shall be
duly authorized to receive the same, such proportionate part
of all moneys, or stocks of the United States, to be received
for said claim as the said State of Maine is entitled to receive
under the provisions of said act of the year one thousand
eight hundred and nineteen, deducting reasonable expenses.

Approved April 6, 1859.

Chat) 271 -^^ Act SUPPLEMENTARY TO AN ACT MAKING APPROPRIATIONS FOR
^" THE MAINTENANCE OF THE GOVERNMENT DURING THE CURRENT
YEAR, AND FOR OTHER PURPOSES.

Be it enacted, §'c., as follows :

Additional appro- Section 1. Tlic suiiis hereinafter mentioned, are appro-
pna ions or . pj.j^^^^^ ,^^^^j^ sliall bc allowcd aiid paid out of the treasury

1859.— Chapter 271. 423

of the Commonwealth, from the ordinary revenue, except
where herein otherwise provided, upon the warrants of the
governor, for the purposes specified, in addition to the appro-
priations contained in chapter seventy-seven of the acts of
the present year, to meet the current expenses of the year
ending on the thirty-first day of December, one thousand
eight hundred and fifty-nine, that is to say :

For books, stationery, printing and advertising ordered Books, staMou-
by the sergeant-at-arms for the legislature, a sum not fZture.' °^ ^^
exceeding three hundred dollars.
• For the salary of the land agent, one thousand dollars. Land apnt-s sai-

.•' r-iiT J. ary aud expenses.

J^or the nicidental expenses of the land agent, a sum not
exceeding seventy-five dollars.

For corrections in the plates of the state map, in accord- Pi;^tes of state
anco with the resolves of the year one thousand eight hun-
dred and fifty-seven, chapter eighty-two, a sum not exceeding
one hundred dollars.

For the state library, in accordance with the resolves of state library.
one thousand eight hundred and fifty-seven, chapter nine,
two thousand three hundred dollars, to be expended under
the direction of the trustees and librarian ; and all sums
required for the completion and printing or now due for
printing of the catalogue, shall be paid from this appropria-
tion.

For additional assistance in the library, in accordance Library, addi-
with the resolves of the year one thousand eight hundred in""^'*^^^'^ '"'*'''
and fifty-seven, chapter forty-nine, a sum not exceeding five
hundred dollars.

For repairs, improvements and furniture of the state state house, re-

1 . ^ -,-,.. ^ . . . n ^ j^i • pairs, &c.

house, in addition to the appropriation made tor this pur-
pose in chapter seventy-seven of the acts of the present year,
a sum not exceeding sixteen hundred dollars.

For printing: and binding, for the governor and council. Governor and

1 T , ° f> 1 ji £■ .1 1 council, print-

including the expense oi a manual, the sum oi three nun- ing, &c.
dred dollars.

For the contingent expenses of the council, a sum not council, contin-
exceeding eight hundred dollars : provided, that no part of ^"^^ expenses.
the appropriation made in chapter seventy-seven of the acts
of the present year for the contingent expenses of the
council, senate and house of representatives, shall be applied
to the contingent expenses of the council.

The appropriation made in chapter seventy-seven of the ^^''Pp''°P77^furth'er
acts of the present year for the contingent expenses of the applied.
council, senate and house of representatives, shall be applied,
so far as may be necessary for the purpose, to the contingent
expenses of the senate and of the house of representatives,

424

1859.— Chapter 271.

Committee
nesses.

Blue-book and
general laws.

Department of
agriculture.

Rhode Island
boundary.

Back Bay com-
missioners.

Insurance com-
missioners for
clerk hire.
Commissioners
on Indian titles
in Plymouth
county.

Itegisters of insol-
vency and of pro-
bate.

State almshouses
and Rainsford Is-
land hospital.

and to pay any necessary expenses in and about the state
house.

For the expense of summoning witnesses to the general
court, a sum not exceeding one hundred dollars. .

For printing the blue-book, a sum not exceeding twelve
hundred dollars, and for printing the pamphlet edition of
the general laws, a sum not exceeding one thousand dollars ;
each of said sums to be in addition to the sums appropriated
for these purposes in chapter seventy-seven of the acts of
the present year.

The unexpended balance of the sum authorized to be
expended by the secretary of the board of agriculture, by
the resolve of the year one thousand eight hundred and
fifty-four, chapter thirty- three, is hereby appropriated for
the purposes tlierein specified, amounting to the sum of six
hundred and twenty-one dollars and five cents.

For counsel fees in the suit pending in the supreme court
of the United States, between the Commonwealth and the
State of Rhode Island, to be expended under the super-
vision of the attorney-general, a sum not exceeding five
thousand dollars.

For compensation and expenses of the commissioners on
the Back Bay, a sum not exceeding seven thousand dollars ;
said sum to be paid from the moiety of the proceeds of sales
already made, which by the resolves of the year one thou-
sand eight hundred and fifty-seven, chapter seventy, is
applicable to improvements ; and the residue of said moiety
shall be subject to the provisions of said chapter seventy.

For clerical assistance for the insurance commissioners, a
sum not exceeding one thousand dollars.

For the compensation of the commissioners to examine
into titles to Indian lands in Plymouth county, in accordance
with the resolve of the year one thousand eight hundred
and fifty-seven, chapter sixty-six, a sum not exceeding two
hundred dollars.

For the payment of the salaries of the several registers of
insolvency, after the first day of January in the present
year, one hundred and fifty dollars, and for the like salaries
of the registers of probate, the sum of one hundred and
seventy-five dollars.

For the current expenses of the several state almshouses
and for the hospital at Rainsford Island, in addition to the
sums appropriated for these purposes in chapter seventy-
seven of the acts of the present year, the following sums,
viz. :

1859.— Chapter 271. 425

State almshouse at Tewksbury, a sum not exceeding
thirty-three thousand dollars ; state almshouse at Monson.
a sum not exceeding twenty-seven thousand dollars ; state
almshouse at Bridgewater, a sum not exceeding twenty-
seven thousand dollars ; and for the hospital at Rainsford
Island, a sum not exceeding fourteen thousand dollars.

For the current expenses of the state reform school for Keform school. —
boys, at Westl)orough, a sum not exceeding forty thousand
dollars ; said sum to be expended solely for the current
expenses of said institution ; and all other sums received by
said institution from towns and cities, for the support of the
boys in said school, shall be paid into the treasury of the
Commonwealth ; and no moneys appropriated by this act
shall be expended by the trustees of said school to pay for
the recent improvements at said institution, made without
the consent of the legislature, and without authority of law.

For the transportation of state paupers, to be expended Transportation
by the alien commissioners, for the transportation of state ° '"^"p®''^-
paupers, in addition to the appropriation of two thousand
dollars for this purpose, made in chapter seventy-seven of
the acts of the present year, a sum not exceeding six thou-
sand dollars : provided^ that the same shall be expended
only in the transportation of state paupers from the several
hospitals and almshouses ; and a detailed account of such
expenditures shall be rendered to the auditor on the first
day of every month.

For Indians, a sum not exceeding three thousand dollars. Indians.

For the salaries of the officers of the several state lunatic Lunatic hos-
hospitals, for the nine months ending on the thirtieth day of ^'
September in the present year, the sums following :

The hospital at Worcester, the sum of two thousand five salaries
hundred and fifty dollars.

The hospital at Taunton, the sum of two thousand four
hundred and eighteen dollars and seventy-five cents.

The hospital at Northampton, the sum of two thousand
and twenty-five dollars.

For the support and relief of state paupers, otlierwise than state paupers.
in the three almshouses and in the hospital at Rainsford
Island, a sum not exceeding sixty thousand dollars.

To reimburse to the treasurers of the several counties two- county treasur-

y • ^ n y f>.'i • •! ®''^' reimburse-

thirds 01 the costs oi cnminal prosecutions, in the manner ment.
prescribed by law, a sum not exceeding one hundred and
fifty thousand dollars.

For the compensation and expenses of the alien commis- Auen commis-
sioners, and agents employed by them according to law, a age°nt?. """^
sum not exceeding seven thousand five hundred dollars.

426 1859.— Chapter 271.

Superintendent FoF the compehsatioii aiid expenses of the superintendent
of^ahen passen- ^^ alien passcngei's, a sum not exceeding seven thousand

dollars.
Coroners' in- Yor tlie expeuses of coroners' inquests, a sum not exceed-

quests. . •li.iiijii

mg eight liunared dollars.

Emergency fund. The appropriation made in the twenty-second chapter of
the acts of the year one thousand eight hundred and fifty-
eight, for the emergency fund, is hereby made applicable to
and may be used during the present political year, for the
purposes and under the provisions and limitations mentioned
in said chapter.

state house ex- SECTION 2. The appropriation for continurent expenses of

D6QS6S. Ill o I

the council, senate and house of representatives, contained
in chapter seventy-seven of the acts of the present year, may
be applied to pay any necessary expenses in and about the
House in Han- statc housc, including repairs ; and not more than fifty dol-
cock Street. ^^^^^ thereof may be applied to pay necessary expenses in or
about the house numbered twelve, Hancock Street, in the
city of Boston ; the whole appropriation being subject to the
conditions attached thereto in said chapter seventy-seven,
state of Maine SECTION 3. The trcasurcr of the Commonwealth, with
changed for* unl- the couscnt of the govcriior and council, is hereby author-
or'^money^ '''°''^' i^cd to Surrender to the state of Maine, or to such officer or
agent as may be authorized to receive the same on behalf of
said state, an amount of the scrip of said state, now consti-
tuting part of the Massachusetts School Fund, which shall
be equivalejit, at its market value, to the proportion of the
moneys or scrip of the United States, due to said state of
Maine, according to the provisions of the first section of the
one hundred and sixty-first chapter of the acts of the year
one thousand eight hundred and nineteen, and which shall
be received by this Commonwealth, in reimbursement of
expenses incurred during the late war with Great Britain,
in the protection of the maritime frontier ; the said state of
Maine to pay, from their said proportion, all charges incurred
on account of said claim by said state. The treasurer is
hereby authorized and directed to replace the amount of
scrip so taken from said school fund, with an equivalent
amount of the scrip of the United States, or in case such
claim shall be paid in money, to invest an equivalent amount
of money according to law, and place tlie same to the credit
of said school fund.

Section 4. This act shall take eflfect from and after its
passage. Approved April 6, 1859.

1859.— Chapter 272. 427

An Act making appropriations to meet certain expenditures (^hfj^^ 97'2

AUTHORIZED THE PRESENT YEAR, AND FOR OTHER PURPOSES. J- '

Be it enacted, ^'c, as follows :

Section 1. The sums hereinafter mentioned are appro- Appropriations
priated, and shall be allowed and paid out of the treasurj'of ^^""^ ^^°^
the Commonwealth, from the ordinary revenue, upon the
warrants of the governor, for the purposes specified in cer-
tain acts and resolves, for the present year, herein cited, as
follows, viz. :

In the act, chapter thirty-three, incorporating the Martha's Martha's vine-
Vineyard Agricultural Society, the sum of two hundred rai^socilty'""""
dollars.

In the act, chapter sixty-four, to increase the salary of the saiary of assist-
assistant-librarian and clerk of the secretary of the board of
education, the sum of two hundred dollars.

In the act, cliapter one hundred tliirty-three, to establish second cierk in
the salary of the second clerk in the office of tlie secretary ^'^"®'*'^^
of the Commonwealth, the sum of two hundred dollars.

In the resolve, chapter four, in aid of the Massachusetts ^l^l^^ ^^'' ^°'
Charitable Eye and Ear Infirmary, the sum of two thousand
five hundred dollars.

In the resolve, chapter five, in relation to repairs in the state prison, re-
state prison, the sum of five thousand seven hundred and ^'^"^^'
fifty dollars.

In the resolve, chapter nine, in relation to the library of supplying li-
the state prison, the sum of three hundred dollars. urgwiient ^of

In the resolve, chapter thirteen, providing for the enlarge- '°*=^°''"'"«'
ment of the inclosure of the state prison, the sum of five
thousand five hundred dollars.

In the resolve, cliapter fourteen, in favor of the city of city of cam-
Cambridge, the sum of one hundred fifty-six dollars. " ^^'

In the resolve, cliapter fifteen, in favor of David F. Brown, David f. Brown,
the sum of sixty-five dollars fifty cents.

In the resolve, chapter sixteen, in favor of Levi Baker, the Levi Baker.
sum of one thousand five hundred dollars.

In the resolve, chapter seventeen, in aid of the Massachu- school for idiots,
setts School for Idiotic and Feeble-minded Youth, the sum
of two thousand five hundred dollars.

In the resolve, chapter eighteen, in favor of Samuel H. samuei h need.
Reed, the sum of one hundred and fifty dollars.

In the resolve, chapter nineteen, concerning the purchase Hospital at
of books and engravings, for the state lunatic hospital at ^""^'^^^p'""-
Northampton, the sum of two hundred dollars.

In the resolve, chapter twenty, relative to school books for Marshpeein-
the Marshpee Indians, the sum of fifty dollars. ^*''^'

428

1859.— Chapter 272.

dustrial school,
"or new building.

West Springfield.

Samuel L. Har-
ria.

W. H. Luce.

Issachar J. El-
liott.

Suppression of
counterfeiting.

School for idiots,
completing build-
ing.

John McGrath.

State house,
repairs.

Benjamin Smith.

T. F. Rollins.
Martin\Mieelock .
Charles Mattoon.
Town of Dudley.

H. B. Fernald.

Kepresentatives'
hall, ventilation.

Secretary board
of agriculture.

In the resolve, chapter twenty-two, concerning the erec-
tion of an additional building for the state industrial school
at Lancaster, the sum of nine thousand dollars.

In the resolve, chapter twenty-six, in favor of the town of
West Springfield, the sum of two hundred twenty-nine
dollars and twenty cents.

In the resolve, chapter twenty-seven, in favor of Samuel
L. Harris, the sum of one thousand two hundred sixty-two
dollars eighty-five cents.

In the resolve, chapter thirty, in favor of W. H. Luce, the
sum of two hundred fifteen dollars fifty cents.

In the resolve, chapter thirty-one, in favor of Issachar J.
Elliott, the sum of one hundred twenty dollars fourteen
cents.

In the resolve, chapter thirty-two, to provide for granting
aid for the siippression of counterfeiting bank bills and coin,
the sum of one thousand five hundred dollars.

In the resolve, chapter thirty-four, making an appropria-
tion for completing a building for the Massachusetts School
for Idiotic and Feeble-minded Youth, the sum of four
thousand dollars.

In the resolve, chapter thirty-five, in favor of John
McGrath, the sum of two hundred dollars.

In the resolve, chapter thirty-seven, in relation to certain
repairs on the state house, the sum of three thousand three
hundred dollars.

In the resolve, chapter thirty-nine, in favor of Benjamin
Smith, a soldier of the revolution, the sum of one hundred
dollars.

In the resolve, chapter forty, in favor of T. F. Rollins, the
sum of three hundred sixty-seven dollars fifty-nine cents.

In the resolve, chapter forty-one, on the petition of Martin
Wheelock, the sum of fifty dollars.

In the resolve, chapter forty-two, on the petition of Ciiarles
Mattoon, the sum of one hundred thirty-five dollars.

In the resolve, chapter forty-three, in favor of the town of
Dudley, the sum of one hundred twenty-six dollars twelve
cents.

In the resolve, chapter forty-four, in favor of Henry B.
Fernald, one hundred fifty dollars.

In the resolve, chapter forty-five, to secure the better ven-
tilation of the representatives' hall, the sum of one thousand
dollars.

In the resolve, chapter forty-six, establishing the salary of
the secretary of the board of agriculture, the sum of five
hundred dollars, in addition to the appropriation made for

1859.— Chapter 272. 429

this purpose, in the act of the present session, chapter
seventy-seven.

In the resolve, chapter forty-nine, in aid of the hospital at ^l^^^^ t^„'
Northampton, the sum of six thousand dollars.

In the resolve, chapter fifty-one, in favor of the Washing- washingtonian
tonian Home, the sum of one thousand dollars.

In the act, chapter one hundred and forty-eiffht, establish- Bank commis-

., \. nil • • ji n sioners, mileage

ing tlie compensation oi bank commissioners, the sum oi one and compensa-
thousand seven hundred dollars ; in addition to the appro- *"''^
priation for mileage and compensation of the bank commis-
sioners, made in chapter seventy-seven of the acts of the
present session of the general court.

In tlie act entitled An Act establishing the Superior Court, Justices superior

/. 1 . „ , . . /> • 1 n 1 • ^^^ Common

tor the salaries oi the justices oi said court, for the six Pieas courts,
months ending on the thirty-first day of December in the
present year, the sum of seventeen thousand six hundred
dollars. And the salaries of the justices of the court of
common pleas shall cease on and after the thirtieth day of
June in the present year.

In the resolve, chapter fifty-two, to enforce payment of Debts for Maine
debts due to the Commonwealth on account of sales of the
public lands in Maine, for the compensation and expenses of
the committee therein named, a sum not exceeding one
thousand five hundred dollars.

In tlie resolve, chapter forty-seven, concerning the flow- committee on
age of lands in the towns of Concord, Sudbury, Wayland, concfrd, ^°'sud'-
Bedford and Carlisle, for tlie compensation and expenses of ''"'^^' *'*'•
the committee therein named, a sum not exceeding seven
hundred dollars.

In the resolve, chapter fifty-three, in favor of the guardian Puniiapog in-
of the tribe of Punkapog Indians, the sum of one hundred
dollars.

In the resolve, chapter fifty-five, concerning the preserva- Preservation of
tion of certain papers, the sum of one hundred and fifty ^^^^"
dollars.

In the resolve concerning flats and shores belonging to Fiats and shores.
the Commonwealth, for the expenditures therein authorized,
a sum not exceeding one thousand dollars.

In the act, chapter one hundred and sixty-four, to estab- cierii in adju-
lish the salary of the clerk in the office of the adjutant and office^^"*"^^ ^
quartermaster-general, the sum of two hundred dollars, in
addition to the sum already appropriated lor said salary.

In the resolve, chapter fifty-eight, in favor of deserving Pupiis in Reform
pupils of the state reform school and state industrial school, schoois^"*^"**"*'
a sum not exceeding one thousand dollars.

34

430

1859.— Chapter 272.

/

North Brookfield.

Preaclier of elec-
tion sermon.

Watchmen of
state house.

John C. Willey.
Jonathan Day.
Farmers' clubs.
Sally Burr.

•'State prison.

Marshpee In-
dians.

Company D, 6th
regiment, 3d brig-
ade, 2d diTision.

Statealmshouses.

Smith, Knight
and Tap pan.

Artimun Staples.
Reporters' seats.

L. P. Rowland.

Robert B. Cav-
erly.

Committee on
statutes.

In the resolve, chapter fifty-seven, in favor of the town of
North Brookfield, the sum of one hundred and forty-four
dollars.

In the resolve, chapter fifty-nine, in addition to a resolve
passed February tenth, eighteen hundred and sixteen, in
addition to the appropriation already made, for the purpose
to which said resolve refers, the sum of one hundred dollars.

In the act to establish the pay of the watchmen of the
state house, the sum of two hundred dollars, in addition to
the appropriation already made for this object.

In the resolve in favor of John C. Willey, the sum of three
hundred and thirty-two dollars and eleven cents.

In the resolve in favor of Jonathan Day, the sum of
ninety-eight dollars and twelve cents.

In an act relating to farmers' clubs, a sum not exceeding
two thousand dollars.

In the resolve, chapter sixty, in favor of the guardian of
the Punkapog tribe of Indians, for the benefit of Sally Burr,
the sum of fifty-two dollars.

In the resolve, chapter sixty-one, in relation to the state
prison, the sum of three hundred dollars.

In the resolve, chapter sixty-three, in favor of the Marsh-
pee Indians, forty-seven dollars eighteen cents.

In the resolve, chapter sixty-two, for the payment of mili-
tary bounty to Company D, sixth regiment, third brigade,
second division of Massachusetts volunteer militia, the sum
of one hundred and eighty dollars fifty cents.

In the resolve, chapter sixty-four, relating to the better
protection of state almshouses from fire, the sum of one
thousand dollars.

In the resolve, chapter sixty-five, in favor of Smith, Knight
and Tappan, the sum of six hundred sixty-seven dollars and
fifty cents.

In the resolve, chapter sixty-six, in favor of Artimun
Staples, the sum of sixty dollars.

In the resolve, chapter sixty-seven, relating to reporters'
seats in the house of representatives, the sum of three hundred
dollars.

In the resolve, chapter sixty-eight, in favor of L. P. Row-
land, the sum of three hundred ninety-nine dollars forty-
four cents.

In the resolve, chapter seventy-two, in favor of Robert B.
Caverly, the sum of four hundred ninety-eight dollars
twenty-six cents.

For the compensation and mileage of the committee to sit
in the recess of the general court, to whom was referred the

1859.— Chapter 272. 431

report of the commissioners on revision of the statutes, a
sum not exceeding thirteen thousand dollars.

For contingent and incidental expenses of said committee, Expenses of
a sum not exceeding two thousand dollars.

In the resolve, chapter seventy-five, in favor of Benjamin Benjamin
Walker, the sum of seventy-five dollars. waiter.

In the resolve, chapter seventy-six, in favor of William wiuiam Tewks-
Tewksbury, the sum of one thousand two hundred dollars. ^"'^

In the act, chapter one hundred seventy-eight, relating to Register probate
the salary of the register of probate and insolvency for the and insolvency.

i f' -rw 1 i. ^1 f i i: 1 n • Dukes county.

county 01 Dukes county, the sum oi seventy-nve dollars, in
addition to the appropriation for this object, already made.

In the resolve in favor of Jonathan Day, the sum of ninety- Jonathan Day.
eight dollars twelve cents.

In the resolve, chapter seventy-eight, concerning insurance insurance com-
commissioners, the sum of one thousand one hundred and ™>^^'°°e'^s-
sixty-four dollars eighty-two cents.

For indexing and printing the special laws since the year special laws.
one thousand eight hundred and forty-eight to the present
time, and superintending the same, a sum not exceeding ten
thousand dollars.

In the resolve in aid of the New England Moral Reform New England

o'iii c l^ iTii Moral Reform

bociety, the sum oi one thousand dollars. society.

In the resolve in aid of the Washingtonian Home, in addi- washingtonian
tion to one thousand dollars already appropriated, the sum °™^'
of two thousand dollars.

In an act to establish the salary of the messenger in the Messenger secre-
office of the secretary of the Commonwealth, the sum Qf ^^^^y'* °®<=e-
eight hundred dollars.

In the resolve in favor of Francis N. Luce, the sum of one Francis n. Luce,
hundred and four dollars.

In the resolve for paying the expenses of serving an ^^^j^^^"""^^ "^^■^^
executive warrant, the sum of one hundred and twenty
dollars.

In an act respecting the purchase and distribution of the Law decisions.
reports of cases argued and determined in the supreme
judicial court, a sum not exceeding four thousand dollars.

In the act fixing the salaries of the district-attorneys of ^^^^X^lllney
the several districts, for the salary of district-attorney of the
north-western district, in addition to the appropriation already
made for that purpose, the sum of two hundred dollars.

In the resolve in favor of the Hassanamisco Indians, the Hassanamisco

Indians.

sum of one thousand dollars.

In the resolve in favor of Moses Brown, the sum of Moses Brown,
seventy-five dollars.

432

1859.— Chapter 272.

Town of Sunder-
land.

New Salem.

Commissioners
for revision of
statutes.

State house.
Repairs and fur-
niture.

Rhode Island
boundary, sur-
veying, &c.

Diminution of

"Incidental ex-
penses" defined.

Second or last ap-
propriation to su-
persede.

In the resolve on the petition of the selectmen of the town
of Sunderland, the sum of one hundred and thirty-five
dollars forty-nine cents.

In the resolve authorizing the treasurer of the Common-
wealth to furnish the town of New Salem with a set of
standard weights, measures and balances, a sum not exceeding
one hundred and fifty dollars.

Ill the resolve relating to the commissioners for the
revision of the statutes, the sum of six thousand dollars.

Section 2. There shall be also allowed and paid a sum
not exceeding seven hundred dollars, for alterations, repairs
and furniture for the state house, in accordance with the
joint order of the senate and house of representatives,
passed by tlie senate on the twenty-fourth day of February
last, and by the house on the twelfth day of March, to be
disbursed under the order of the sergeant-at-arms ; and said
sum is hereby appropriated therefor, in addition to the sum
heretofore appropriated, for tlie repairs of the state house.

Section 3. The appropriation for counsel fees in the suit
pending between this Commonwealth and the State of
Rhode Island, contained in an act of the current year,
entitled " An Act supplemental to an Act making appropria-
tions for the maintenance of the Government during the
present year," may be taken to include the expenses of sur-
veying, and the incidental expenses attending the conduct
and negotiation of said suit.

Section 4. In case any salary, for the payment of which
any appropriation has been heretofore or may hereafter be
made, shall be diminished by due authority, no more money
shall be paid under such appropriation than the amount of
such diminished salary.

Section 6. The term " incidental expenses," wherever
used in any act of appropriation heretofore, or which may
hereafter be passed, shall be held to include postage, print-
ing and stationery, all charges for which, in each department
of the government, or by any committee for whom an
appropriation shall be made, " for incidental expenses,"
shall be defrayed in accordance with the appropriations for
those objects provided in such acts.

Section 6. In case any appropriation is made in any act
of appropriation heretofore, or which may hereafter be
passed, for a service or object for which a different or larger
appropriation may have been made in some act or resolve
previously passed, the appropriation last made shall be held
to supersede the other, and so much of the previous act or

1859.— Chapter 273. 433

resolve as provides the larger or different appropriation shall
be held void and of no effect.

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

passage. Approved April 6, 1859.

An Act supplemental to an act making appropriations to QJiQn 273

MEET CERTAIN EXPENDITURES AUTHORIZED THE PRESENT YEAR, ^'

AND FOR OTHER PURPOSES.

Be it enacted, Sfc, as follows :

Section 1. There is hereby appropriated, and shall be ^p'^'^PjI^jJ^'*
allowed and paid out of the treasury of the Commonwealth, Report on in-
from the ordinary revenvie, upon the warrant of the gover- ^^°'^'
nor, for the purposes mentioned in a " Resolve for reprinting
a Report of the Insects of New England, which are injurious
to Vegetation," the sum of eight thousand dollars.

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

passage. Approved April 6, 1859.

RESOLVES,

GENERAL AND SPECIAL.

Resolve concerning the congregational library association. ChaD. 1.

Resolved, That no act of the Congregational Library Acts legalized.
Association, incorporated by the legislature on the twelfth
day of April, eighteen hundred and fifty-four, shall be held
to be invalid by reason of any defect in the notice of the
first meeting of said corporation. Approved February 4, 1859.

Chap. 2.

Resolve authorizing the treasurer to borrow money in
anticipation op the revenue.

Resolved, That the treasurer be, and he hereby is, autho- Treasurer autho-
rized to require of the several banks of this Commonwealth, "f^banks, ^"°^
a loan of such sum or sums of money as may from time to
time be necessary for the payment of the ordinary demands
upon the treasury within the current year ; or he may borrow
in like manner of the commissioners of the Western Railroad
sinking fund, such moneys as said commissioners may have
on hand uninvested, and said commissioners are hereby
authorized to loan the same to the treasurer aforesaid, under
the terms of this resolve ; and he shall repay any sum which
he may borrow, as soon as money sufficient for the purpose
shall be received into the treasury : provided, that the whole proyiso.
amount of the temporary loan authorized by this resolve and
previous resolves, shall not at any time exceed five hundred
thousand dollars. Approved February 7, 1859.

Resolve in relation to the Massachusetts claim upon the ^t «
federal government. y^ncip. o.

Resolved, That the governor, by and with the advice and Governor to em-
consent of the council, be authorized to employ an agent to pioy^s®"*-
co-operate with the agent employed by the State of Maine,
in the prosecution of the claim of this Commonwealth upon
the government of the United States ; that the compensation compeusation.

436 1859.— Chapters 4, 5, 6, 7.

Proviso. of such agent be fixed by the governor and council : pro-

vided, such agent shall not be appointed to serve longer than
during the present session of congress.

Ai^proved February 11, 1859.

Chap. 4.

on state prison .

Resolve in aid of the Massachusetts charitable eye and ear

infirmary.

82,600, to be ex- Resolved, That the sum of twenty-five hundred dollars

recdon "of ^Tua- bc, and the same is hereby allowed from the treasury of the

****• Commonwealth, to the Massachusetts Charitable Eye and

Ear Infirmary, to be expended during the current year,

under the direction of the trustees, for the charitable

Proviso. purposes of said infirmary : provided, however, that the

said trustees report to the legislature during the month of

January next, a detailed account of the manner in which

this appropriation has been expended.

Approved February 14, 1859.

Chap. 5. Resolve in relation to repairs in the state prison.

5,750 for repairs Rssolved, That the sum of five thousand seven hundred
and fifty dollars, be allowed and paid out of the treasury of
the Commonwealth, for the purpose of improving the light
and air in the north wing of the state prison ; said sum to
be expended in placing in the aforesaid wing fourteen large
windows, similar to those in the other or new part of the
prison, and in extending the wall on the outside, so as to
protect said windows ; the amount so allowed to be expended
under the direction of the warden and inspectors of the
prison : provided, that no charge shall be made, by said
warden and inspectors, for services therefor.

Approved February 15, 1859.

Chap. 6. Resolve in relation to the transportation of state paupers.
$2,000 for trans- Rcsolvcd, That there be allowed and paid out of the
paupeis'^° ^*^'* treasury, the sum of two thousand dollars, to be expended
by the alien commissioners for the transportation of state
paupers during the quarter ending the thirty-first day of
March, in the year one thousand eight hundred and fifty-
nine ; and a detailed account of such expenditures shall be
rendered to the auditor on the first day of every month.

Approved February 23, 1859.

Proviso.

Chap. 7. Resolves concerning the revision of the statute laws.

com^'ietrts *a Rcsolved, That the proposed revision of the general stat
code of laws. utcs of the Commouwealth is so far advanced by the com

1859.— Chapter 8. 437

missioners, that it is expedient that the legislature should
proceed to complete the same as a code of laws.

Resolved^ That for this purpose the legislature will liold special session.
a special session on the first Wednesday of September next.

Resolved^ That a joint special committee of eleven on the joint special
part of the senate, and twenty-eight on the part of the house, cMswtutei.'dT-
to whom shall be added the president of the senate and the *''=^' *^*=-
speaker of the house, be appointed to examine and consider,
during the recess of the legislature, the report of the
commissioners appointed " to consolidate and arrange the
general statutes of the Commonwealth," with power to
propose such amendments and alterations in existing laws,
as such committee may deem expedient.

Resolved, That this committee hold their sessions in the piace of meeting,
senate chamber, or other convenient room in the state house, mlnr&c"^ '^'^^"^
and that they have power to elect their chairman by ballot ;
to require the services of such officers of the legislature,
and do such other acts as they deem necessary for the
convenient dispatch of their business and proceedings, of
all which they shall keep an accurate journal.

Resolved, That if upon the assembling of the committee, vacancies, how
or afterwards, any vacancy should occur therein from any ^"®'^-
cause, the remaining members shall fill the vacancy by ballot,
from the branch of this legislature whose member shall be
absent from his duties.

Resolved, That the " commissioners for the arrangement commissionera to
and consolidation of the statutes," or so many of them as ^"^""^ sessions,
may be necessary, are hereby directed to attend the sessions
of the committee when thereto requested, to give such
explanations of their arrangement of the statutes and of the
modifications and changes, and of the reasons which led
thereto, which they have reported, as will fully aid the
committee in the consideration of their report, and farther
to furnish such other information as they may have as to the
expediency of any proposed alteration of existing laws.

Resolved, That the committee report in print, and their committee to ra-
report, together with the journal of the committee, be laid p"'"' "^ p""^'-
before the legislature at the special session thereof.

Resolved, That all general laws passed by this legislature. General laws of
be referred to this committee, to be revised and incorporated, referred tcs &o.'^*
in their appropriate chapters, into the general code of laws.

Approved February 23, 1859.

Resolve ix aid of the Massachusetts teachers' associatiox. Chat). 8.
Resolved, That there be allowed and paid, in the month s3oo to Massa-

chusetts Teach-

of August, one thousand eight hundred and fifty-nine, to ers' Association.

35

438 1859.— Chapters 9, 10.

the president or treasurer of the Massachusetts Teachers'
Association, the sum of three hundred dollars, to be applied
to the purposes of said association ; the said amount to be
paid out of the moiety of the income of the school fund,
applicable to educational purposes.

Approved February 26, 1859.

Chap. 9. Resolve in relation to the library of the state prison.

8300 to library of Resolved, That there be allowed and paid out of the

e prison. trcasurj of the Commonwealth, the sum of three hundred

dollars, to replenish the library of the state prison, for

binding, and for printing a catalogue of said library ; said

sum to be expended under the direction of the warden.

Approved February 26, 1859.

Chai7 10 Resolve on the petition of charles sprague, john b. tremere,

^ ' ' AND CHARLES AMORY, TRUSTEES.

Maustatf '°'^'^ Resolved, For the reasons in said petition set forth, that
Charles Sprague, John B. Tremere and Charles Amory, of
Boston, trustees, be and they are hereby authorized and
empowered to sell, at private sale, for cash or on credit, and
to convey in fee simple, by a good and sufficient deed, dis-
charged from all trusts and liability for the application of
the purchase money, the premises described in said petition,
being a certain parcel of land with the buildings thereon, situ-
ated on the southerly side of Franklin Street, lately Franklin
Place, in said Boston, and bounded and described as follows,

Boundaries. namely : beginning on the westerly line of land late of
Benjamin Greene, junior, five feet and one inch from the
north-westerly corner of the house recently standing thereon ;
thence running southwardly by the land late of said Greene,
one hundred and three feet and three inches, to a passage
way ; thence westwardly by said passage way, twenty-nine
feet and six inches, to land late of Samuel Cobb ; thence
northwardly by said last mentioned land, one hundred and
five feet and six inches, to said Franklin Street, lately
Franklin Place ; and thence eastwardly by said Franklin
Street, lately Franklin Place, to the point of beginning ;
being the same real estate which was conveyed by Ignatius
Sargent and wife, to Daniel Sargent, John S. Ellery and
Francis Amory, as trustees, by deed dated the fifteenth day
of December, in the year one thousand eight hundred and
twelve, and recorded with Suffolk Deeds, liber two hundred
forty-one, folio one hundred seventy-nine, to the places and
trusts of which said trustees the said petitioners have suc-

ProTiso. ceeded : -provided., however., that the said Charles Sprague,

1859.— Chapters 11, 12, 13. 439

John B. Tremere and Charles Amory, shall invest the pro-
ceeds of said sale either in other real estate, or in good
stocks or personal securities, and hold the same for the same
uses, purposes and trusts for which they now hold the said
real estate, and for none other. Approved March 1^ 1859.

Resolve concerning the bequest by isaac b. woodbury to the Qfid^)^ \\^

STATE OF MASSACHUSETTS. -* *

Resolved, That, whereas Isaac B. Woodbury, late of the Bequest of
town of Norwalk, in the county of Fairfield and state of ^'^'^^'^ ''^''"•'^•'•
Connecticut, deceased, in and by his last will and testament,
duly executed, approved and allowed, did give and bequeath
to the state of Massachusetts, the sum of twenty-five thou-
sand dollars, in trust, for certain purposes and on certain
conditions, in said will mentioned and set forth ; and
whereas, the conditions of said bequest are objectionable,
and the property of said testator will not be sufficient, if the
bequest aforesaid to the state is received and paid over, to
leave such sum for the maintenance of his family as said
testator expected and intended ; therefore, while the govern-
ment of this Commonwealth duly appreciate the benevolent
intentions of the said Isaac B. Woodbury, the said bequest
be, and the same is hereby declined and refused.

Approved March 5, 1859.

Resolve in favor op william h. oakes and gustavus e. haynes. Chap. 1 2.

Resolved, That there be allowed and paid from the $151.44 for

ser-

treasury of the Commonwealth, to William H. Oakes and ^^^^ *« ^°°^-
Gustavus E. Haynes, respectively, the sum of seventy-five
dollars and seventy-two cents, the same being due them for
services performed as officers of the legislature, in the year
eighteen hundred and fifty-eight. Approved March 12, 1859.

Resolve providing for the enlargement of the inclosure of Chap. 13.

THE state prison.

Resolved, That the sum of fifty-five hundred dollars be $5,500, for en-
allowed and paid out of the treasury of the Commonwealth, state prSon. °^
for the purpose of enlarging the inclosure at the state prison,
by extending the same one hundred and sixty-five feet in
length, by one hundred and fifty-six feet in width : said sum
to be expended in removing the wall at the end of the prison
yard, removing and enlarging the workshop used for cutting
stone, and erecting a suitable wall to inclose the yard ex-
tended as aforesaid, and in payment of all necessary expenses
connected with the aforesaid alterations and improvements ;
the amount so allowed to be expended under the direction
of the warden and inspectors of the prison : provided, how- Proviso.

440 1859.— Chapters 14, 15, 16, 17.

ever, that no charge shall be made by said warden and
inspectors for services therefor. Approved March 12, 1859.

Chap. 14. Resolve in favor of the city of Cambridge.

S156 to city of Resolved, That the sum of one hundred and fifty-six
am n ge. dollars bc allowcd and paid out of the treasury of the
Commonwealth, to the city of Cambridge, to reimburse to
said city the amount paid to the state lunatic hospital, for
the board of Eliza Stevens and Mary B. Varney, from May
seventeenth to November seventeenth, in the year eighteen
hundred and fifty-six ; both of whom were subsequently
ascertained to be state paupers. Approved March 14, 1859.

Chap. 15. Resolve in favor of david f. brown.

S65.50 to David Resolved, That there be allowed and paid from the treas-
F. Brown. ^^^.j ^f ^j^g Commoii Wealth, to David F. Brown, the sum of

sixty-five dollars and fifty cents, as reimbursement for certain
expenses incurred, and as compensation for time spent by
him, in the discharge of his duty as an officer, charged with
the service of reclaiming a fugitive from justice.

Approved March 14, 1859.

Chap. 16. Resolve in favor of levi baker.

«i,50o to Levi Resolved, That the sum of fifteen hundred dollars be

co^nsututionaiu/ aHowcd and paid to Levi Baker, of Yarmouth, to enable him

of a law of vir- to tcst, bcforc tlic suprcmc court of the United States, the

constitutionality of an act of the legislature of the state of

Vii'ginia, passed March seventeenth, in the year eighteen

hundred and fifty-six, entitled " An Act providing additional

protection for the slave property of citizens ;" and that said

allowance be paid in such sums and at such times, as the

expenses incurred by said Levi Baker, for 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. Approved March 17, 1859.

Chat) 1 7 Resolve in aid of the Massachusetts school for idiotic and
^' ' feeble-minded youth.

$7,500 appropri- Rcsolved, That the sum allowed to the treasurer of the
ated for current Massacluisctts School for Idiotic and Feeble-minded Youth,
according to chapter forty-four of the resolves of the year
one thousand eight hundred and fifty-one, be increased for
the current year to the sum of seven thousand five hundred
dollars, which shall be used and applied according to the

1859.— Chapters 18, 19, 20, 21, 22. 441

conditions of said forty-fourth chapter : provided, that the ProviBo.
said institution shall gratuitously receive and educate fifteen
idiotic persons, to be designated by the governor, in addition
to the number provided for in the said forty-fourth chapter.

Approved March 17, 1859.

Resolve in favor of samuel h. reed. Chap. 18.

Resolved^ That the sum of one hundred and fifty dollars ®^50 to samuei
be allovp'ed and paid from the treasury of the Commonwealth, rewards, '&c.^*'^
to Samuel H. Reed, sheriff of Franklin county, to pay
rewards offered by him, and claimed by sundry persons for
pursuing and arresting eight prisoners who escaped from the
jail in said county, on the twenty-first day of January, in
the year one thousand eight hundred and fifty-eight.

Approved March 17, 1859.

Resolve concerning the purchase of books and engravings Chan. 19.

FOR THE STATE LtTNATIC HOSPITAL AT NORTHAMPTON.

Resolved, That the sum of two hundred dollars be, and Seo^boTs',
the same is hereby allowed from the treasury of the Com- ^''■
monwealth, to be applied by the trustees of the state lunatic
hospital at Northampton, for the purchase of engravings
and books for the use of the patients therein.

Approved March 21, 1859.

Resolve relating to school books for the marshpee Indians. Chap. 20.

Resolved, That the sum of fifty dollars be allowed and 8f5o to treasurer
paid, in the month of March of the current year, to the °^ Marshpee for

n ^ -\- , • 1 o -Kf ^ 1 '" ^ purchase of

treasurer of the district of Marshpee, to be applied in aid of ^ooks.
the purchase of school books in the public schools in said
district ; and that the said amount be paid out of the moiety
of the income of the school fund applicable to educational
purposes. Approved March 22, 1859.

Resolve in favor of the dudley Indians. Chap. 21.

Resolved, That there be allowed and paid from the treas- »205 to guardian
ury of the Commonwealth, to Asher Joslin, guardian of the dians" ^^
Dudley Indians, the sum of two hundred and five dollars,
the same being the amount of deficiency in the appropriation
made for the support of said Indians, in the year eighteen
hundred and fifty-eight. Approved March 22, 1859.

Resolve concerning the erection of an additional building Chap. 22.

FOR THE state INDUSTRIAL SCHOOL, AT LANCASTER.

Resolved, That there be allowed and paid out of the »9-ooo to trus-
treasury of the Commonwealth, to the trustees of the state Lancaster, °° for

442

1859.— Chapters 23, 24.

Appropriations
by act of 1858,
paid to regis-
ters of probate
and of insol-
vency, both of-
fices being held
by one person.

erection of addi- industrial scliool for girls, at Lancaster, the sum of nine
tionai building. ^|^Qygajj(j dollars, for the purpose of erecting and furnishing
one additional brick house, similar to those already erected
there, to accommodate thirty girls and their matrons : pro-
vided^ however^ that said trustees shall be allowed no pay
or commissions for their services. Approved March 22, 1859.

Chap. 23. Resolve in rej^ation to the salaries of the registers of pro-
bate AND THE registers OF INSOLVENCY, IN THE COUNTIES OF
NANTUCKET AND FRANKLIN, FOR THE YEAR ONE THOUSAND EIGHT
HUNDRED AND FIFTY-EIGHT.

Resolved, That the sums appropriated in the one hundred
and seventy-third chapter of the acts of the year one thou-
sand eight hundred and fifty-eight, for the payment of the
salaries of the registers of probate and the registers of insol-
vency, so far as the same may be necessary to pay said sala-
ries as established by law for the said year, in the counties
of Nantucket and Franklin, shall be paid to the said regis-
ters of probate and registers of insolvency in said counties,
notwithstanding said offices in each of the counties aforesaid
were held by the same person. Approved March 22, 1859.

Resolves concerning the amendment to the constitution.

Resolved, That the following article 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 :

ARTICLE OF AMENDMENT.

No person of foreign birth shall be entitled to vote, or
shall be eligible to office, unless he shall have resided within
the jurisdiction of the United States for two years subse-
quent to his naturalization, and shall be otherwise qualified,
according to the constitution and laws of this Common-
wealth : provided, that this amendment shall not affect the
rights which any person of foreign birth possessed at the
time of the adoption thereof: and provided, further, that it
shall not affect the rights of any child of a citizen of the
United States, born during the temporary absence of the
parent therefrom.

Resolved, That the people shall be assembled for the
purpose aforesaid, in their respective cities and towns, in
meetings to be legally warned, and held on ]\ronday, the
ninth day of May next, at which meetings all the inhabitants
qualified to vote for senators and representatives in the gen-

Chap. 24

Two years resi-
dence subsequent
to naturalization
required of per-
sons of foreign
birth, to entitle
them to vote, or
be eligible to of-
fice.

Meetings for act-
ing on amend-
ment.

1859.— Chapter 24. 443

eral court, may give in their votes, by ballot, for or against
said article 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
mayor 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 sheriff of the county within three days after the said
meetings, to be by him transmitted 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 addi-
tion thereto. The said meetings shall be deemed to be
legally warned or notified, if due notice thereof be given on
or before the second day of May next previous thereto.

Resolved, That every person qualified to vote as aforesaid, Amendment,how
may express his opinion on said article of amendment, with- *° ^'^ ^°^^ °"'
out expressing in his ballot the contents of said article ; but
the form of said ballot shall be as follows : "Amendment to
the Constitution, Yes " or " No." And if said article shall
appear to be approved by a majority of the persons voting
thereon, it shall be deemed and taken to be ratified and
adopted by the people.

Resolved, That his excellency the governor and the coun- Governor and
cil shall forthwith open and examine the votes returned as am"in"Lturnf.
aforesaid ; and if it shall appear that said article of amend-
ment has 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 consti-
tution of this Commonwealth, and shall be published in
immediate connection therewith, numbered according to its
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 Proclamation
hereby is, authorized and requested to issue his proclamation of'ame^ndment.
forthwith, after examination of the votes returned as afore-

Massachusetts
claim

444 • 1859.^Chapters 25, 26, 27.

said, reciting said article of amendment, and announcing
that said article has been duly adopted and ratified by the
people of this Commonwealth, and has become a part of the
constitution thereof, and requiring all magistrates and offi-
cers, and all citizens of the said Commonwealth, to take
notice thereof, and govern themselves accordingly ; or that
the said article of amendment has been rejected, as the case
may be.
Secretary to Resolvcd, That a printed copy of these resolves, including
tr°cit/es''°and tlic said article of amendment, and blank forms of the
towns. returns of votes on said article, shall be transmitted, as soon

as may be, by the secretary of the Commonwealth, to the
mayors and aldermen of the several cities, and the selectmen
of the several towns, of this Commonwealth.

Approved March 25, 1859.

Chap. 25. Resolve providing for the payment of the agent to prosecute

THK CLAIM OF MASSACHUSETTS UPON THE FEDERAL GOVERNMENT.

Agent to be paid Resolved, That whcrcas, the " Rcsolvc in relation to the
ce^ved'"from%h'e Massachusctts Claim upon the Federal Government," ap-
proved February eleventh, eighteen hundred and fifty-nine,
provides for the appointment of an agent to prosecute said
claim before congress, and " that the compensation of such
agent be fixed by the governor and council;" therefore, be
it further provided, that the sum so fixed shall be paid out
of the moneys to be received by Massachusetts from the
federal government under the aforesaid claim, which was
authorized to be paid by an act of the thirty -fifth congress,
approved March third, eighteen hundred and fifty-nine ; and
that such part of the moneys so received, as shall be author-
ized by the governor and council, be, and the same is hereby
appropriated, and that the same shall be paid by the trea-
surer out of such moneys, upon the warrrnt of the governor.

Approved March 26, 1859.

Chap. 26 Resolve in favor of the town of west Springfield.

$229.20 to the Resolved, That there be allowed and paid to the town of

spTuigfleid ^^^' West Springfield, from the treasury of the Commonwealth,

the sum of two hundred twenty-nine dollars and twenty

cents, to reimburse the expenses incurred by the said town

in the support of Joseph Paron and family.

Approved March 26, 1859.

Chap. 27. Resolve in favor of samuel l. karris.

81,262.85 to Sam- Resolved, That there be allowed and paid from the trea-

MrTice^Tc^,'*^s ^^^^y of tlic Commouwealth, to Samuel L. Harris, the sum

1859.— Chapters 28, 29. 445

of three hundred and forty-one dollars and thirty-four cents, agent of Massa-
to 4'eimburse him for moneys expended by him, and interest '=^"^®"^-
thereon, in procuring and transmitting documents in rela-
tion to the claim of the Commonwealth on the general
government, under the treaty of Washington : and that
there be allowed and paid to said Samuel L. Harris, the
further sum of nine hundred and twenty-one dollars and
fifty-one cents, as compensation for his personal services in
prosecuting said claim. Approved March 26, 1859.

Resolve on the petition of edward h. eldredge, guardian. Chap. 28.

Resolved^ For reasons set forth in said petition, that Authorized to seii
Edward H. Eldredge, of Boston, in the county of Suffolk, -^^^ ««'**«
(formerly of Dorchester in the county of Norfolk) guardian
of his minor child, Rolfe Eldredge, is hereby authorized to
sell at public auction or private sale, on such terms as he
shall think most advantageous, and at any time during the
minority of said child, and convey to the purchasers thereof
in fee simple, by good and sufficient deeds, all the estate,
right, title and interest of said minor child in and to any
land or parcel or parcels of land, situate in the town of i-ocation.
Newton, in the county of Middlesex, such sale to be made
in such parcel or parcels as said guardian sliall see fit :
provided^ however, that the said guardian shall first give Proviso,
bond, with good and sufficient sureties, to the judge of
probate and insolvency for the county of Norfolk, to be
approved by said judge, with condition, that the said guar-
dian shall faithfully execute the powers herein granted, and
shall render to said judge, or his successors in said office, a
true account, under his oath, of the proceeds of all sales
made under this resolve, within one year from the time of
such sales respectively, and at such other times as said
judge may direct ; and shall apply and invest such proceeds,
and account for and pay over the same, when required,
according to law, and shall discharge his trust in relation to
the premises faithfully for the best interests of his said
ward. Approved March 26, 1859.

Resolve to amend a "resolve on the petition of william rob- Chap. 29.

INSON, guardian TO THE DUDLEY INDIANS."

Resolved, That the resolve passed the twenty-fourth day Resolve of i829
of February, in the year eighteen hundred and twenty-nine, "™^°
entitled a " Resolve on the Petition of William Robinson,
Guardian to the Dudley Indians," be, and it is hereby
amended, by striking out the words " the selectmen of the

36

446 1859.— Chapters 30, 31, 32, 33.

town of Dudley," and substituting therefor the words " the
selectmen of the town of Webster."

Apj)roved March 26, 1859.

Chap. 30. Resolve in favoe of w. h. luce.

^215.50 to w. H. Resolved^ That there be allowed and paid from the treas-
ury of the Commonwealth, the sum of two hundred and
fifteen dollars and fifty cents, to W. H. Luce, of Tisbury, as
full compensation for his services as physician to the Gay
Head and Christiantown Indians. Approved March 28, 1859.

Chap. Si. Resolve in favor of issachar j. elliott.

«i20.i4 to issa- Resolved, That there be allowed and paid from the treas-
ury of the Commonwealth, to Issachar J. Elliott, the sum of
one hundred and twenty dollars and fourteen cents, for
money expended by him for the support of the Dudley
Indians, and for his salary as guardian of the same, as set
forth in his petition. Apjnoved March 28, 1859.

Chap. 32. Resolve to provide for granting aid for the suppression of

COUNTERFEITING BANK BILLS AND COIN.

$1,500 for sup- Resolved, That there be allowed and paid out of the
terfeiting. ti'casury of tlic Commouwealtli, to the association of banks

for the suppression of counterfeiting in this Commonwealth,
a sum not exceeding one thousand five hundred dollars, for
the purpose of the prevention and detection of the crime of
making, or tendering in payment as true, counterfeit bank
Proviso. bills, or counterfeit gold and silver coin : provided, that no

sums be paid under or by authority of this resolve, which
shall exceed one-third of the amount which said association
shall certify and prove to the governor, shall have been
raised and judiciously expended, by said association, for the
purposes aforesaid. Approved March 28, 1859.

Chap. 33. Resolve in favor of daniel b. hinckley.

s2,oo9 to Daniel Resolved, That there be and hereby is appropriated, and
B. Hinckley. ^^^^ sauic shall be paid to Daniel B. Hinckley, the sum of
two thousand and nine dollars, — one moiety thereof out of
the school fund, and the other moiety thereof out of the
Western Railroad stock sinking fund, — in satisfaction of
the award of the commissioners of public lands, made in his
favor on tbe sixteenth day of February, in the present year,
for damages sustained by him, by the conveyance by the
Commonwealth of land in township number five, range
eleven, in the state of Maine. Approved March 28, 1859.

1859.— Chapters 34, 35, 36, 37. 447

Resolve making an appropriation for complkting a building niff,^-. Qj.

FOR THE MASSACHUSETTS SCHOOL FOR IDIOTIC AND FEEBLE-MINDED ^"'"'P' '^^'
YOUTH.

Resolved, That tlie sum of four tliousand dollars be, and S4,ooo for com-
the same is hereby allowed out of the treasury of the Com- ^^'"'"^ *'"'"""^-
monwealth, to be applied by the trustees of the Massachu-
setts School for Idiotic and Feeble-minded Youth, for the
purpose of completing the south building at said school.

Approved March 28, 1 859.

Resolve in favor of john mcgrath. Chap. '3-5.

Resolved, That there be allowed and paid out of the $200 in aid of
treasury of the Commonwealth, in aid of John McGrath, ^f expSd^by
of Framingham, the sum of two hundred dollars, to be overseers of poor.
placed in the hands of the overseers of the poor of Framing-
ham, to be expended at their discretion, for the support of
said McGrath and his family ; and that said sum of two hun-
dred dollars shall be in full for all claims of said McGrath
upon the Commonwealth. . Approved March 29, 1859.

Chap. 36.

Resolve in relation to certain property held by the com-
monwealth UNDER A MORTGAGE FROM NORMAND STILES AND

phebe b. stiles.

Resolved, For the reasons set forth in the communication Treasurer autho-
of his excellency the governor, that the treasurer and orNormilid*''^'*
receiver-general be, and he is hereby authorized to dispose ^"^®*-
of and sell the whole interest of the Commonwealth in and
to the estate conveyed in mortgage to John Mills, as treas-
urer of the Commonwealth, by Normand Stiles, and Phebe
B. Stiles, wife of said Normand, as appears by their deed
bearing date of the thirteenth day of December, in the year
one thousand eight hundred and fifty-three, and recorded
with Hampden Deeds, book one hundred twenty-two, folium
three hundred and seventeen, and to execute and deliver
deeds of the same under the seal of the Commonwealth :
provided, that the terms and conditions of such sale shall be Proviso.
approved by the governor. Approved March 29, 1859.

ResoIiVe in relation to certain repairs on the state house. QJidv) 37

Resolved, That there be allowed and paid out of the ss.soo for repairs
treasury of the Commonwealth, for repairs on the cupola ""^ cupoia, &c.
and dome of the state house, and for improving the means
of ventilation in the hall of the house of representatives,
the sum of thirty-three hundred dollars ; the same to be
expended under the direction of the commissioners on the
state house. Approved March 29, 1859.

448

1859.— Chapters 38, 39, 40, 41, 42.

Chan 88 Resolve concerning the Middlesex canal.

Attorney-general Rcsolvecl, That the attomey-geiieral be, and hereby is,
to institute quo cliiected and empowered to institute and prosecute an infor-

warranto procef f , . i^ i • i i

&o. mation m the nature of a quo ivarranto, or other suitable

process, against the proprietors of the Middlesex Canal,
requiring said corporation to appear before the justices of
the supreme judicial court, at a proper term thereof, to show
cause, if any said corporation have, why the charter of said
corporation should not be adjudged to be forfeit, and that
all due proceedings and decrees in the premises before our
said court be had. Approved March 29, 1859.

Chap.

39. Resolve on the petition of benjamin smith, a soldier of the

revolution.

$100 to Benjamin
Smith, payable
Bemi-annually,
provided, &c.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth, to Benjamin Smith, of
Grafton, a soldier of the Revolution, two semi-annual pay-
ments, of fifty dollars each ; the first payment shall be due
and payable the first day of May, one thousand eight hun-
dred and fifty-nine. Should the said Smith decease previous
to the said first day of May, or thereafter during the interval
of payments named above, then this resolve shall have no
further effect, and no further payments shall be made there-
under. The governor is authorized to draw his warrant
accordingly. Approved March 29, 1859.

Resolve in favor of t. f. rollins.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth, to T. F. Rollins, three hun-
dred and sixty-seven dollars and fifty-nine cents, for repairs
of wharf at Rainsford Island. Approved March 31, 1859.

Resolve on the petition of martin wheelock.
Resolved, For reasons set forth in said petition, that there
be allowed and paid out of the treasury of the Common-
wealth, to Martin Wheelock, of Gardner, in the county
of Worcester, the sum of fifty dollars ; and that the gov-
ernor be authorized to draw his warrant accordingly.

Approved March 31, 1859.

L/hap. 42. Resolve on the petition of charles mattoon.

8136 to Charles Resolved, For reasons set forth in said petition, that there
o/probate/&c.^* be allowed and paid out of the treasury of the Common-
wealth, to Charles Mattoon, of Greenfield, judge of probate
and insolvency for the county of Franklin, the sum of one
hundred and thirty-five dollars, for services and travelling

Chap. 40.

S367.59 to T. I
RoUinR.

Chap. 41.

$50 to Martin
Wheelock.

1859.— Chapters 43, 44, 45, 46, 47. 449

expenses in attending courts of insolvency for the county of
Worcester. Approved March 31, 1859.

Resolve in favor of the town of dudley. Chat). 43

Resolved, That there be allowed and paid from the !!fi26.i2 to over-
treasury of the Commonwealth, to the overseers of the poor ^uaiey*^ p"*"" "^
of the town of Dudley, the sum of one hundred and twenty-
six dollars and twelve cents, to defray expenses incurred in
providing medical attendance and other necessaries to
Andrew Loftice, a state pauper, while suffering from injuries
received from a fall, and being unable to be removed ; and
that a warrant be drawn accordingly. Approved April 1, 1859.

Resolve in favor of henry b. fernald. Chcip. 44.

Resolved, That there be allowed and paid from the siso to Henry b.
treasury of the Commonwealth, the sum of one hundred *""'''''
and fifty dollars to Henry B. Fernald, for the payment
of expenses incurred in the defence of a suit against him-
self, in consequence of his refusal to act as judge of insol-
vency in violation of the law of the year one thousand eight
hundred and fifty -eight, entitled "An Act to change the
Jurisdiction in matters of Probate and Insolvency."

Approved April 1, 1859.

Resolve to secure the better ventilation of the repre Chcip. 4:5.
sentatives' hall.

Resolved, That a sum not exceeding one thousand dol- f I'Wo for the
lars be allowed and paid, to defray the expense of securing resentatives' haii.
the better ventilation of the representatives' hall ; the same
to be disbursed under the direction of the commissioners on
the state house, and the chairman of the committee on the
state house on the part of the house of representatives.

Approved April 1, 1859.

Resolve establishing the salary of the secretary of the Chap. 46.

BOARD OF agriculture.

Resolved, That the salary of the secretary of the board »2,ooo salary of
of agriculture be, and the same is hereby fixed at the sum ^^^^''^^y
of two thousand dollars annually.

Approved April 1, 1859.

Resolves concerning the flowage of lands, in the towns Chap. 47.

OF CONCORD, SUDBURY, WAYLAND, BEDFORD AND CARLISLE.

Resolved, That a joint committee, consisting of two committee of leg-
members on the part of the senate and three members of iiga't" &*c. "'''^'"
the house of representatives, be appointed to investigate the

450

1859.— Chapters 48, 49.

flowage of lands, lying in the towns of Concord, Wayland,
Sudbury, Bedford and Carlisle, and to recommend such
changes and improvements in said flowage as they may deem
requisite for tlie public good and the owners of said lands.
To Bit in recess Resolvecl, That for the purposes above named, the com-
next Jli^si'ature" mittcc shall be authoHzcd to sit in the recess, with full
powers to examine said lands, and send for persons and
papers, if it sliall be found necessary so to do : and the said
committee shall make a full report thereon to the next
legislature. Approved April 1, 1859.

Chap. 48.

Authorized to
sell real estate.

Chap. 49.

$6,000 to the
trustees.

Resolve on the petition of josiah rutter, trustee.

Resolved, For reasons set forth in said petition, that
Josiah Rutter, of Waltham, in the county of Middlesex,
trustee under and by virtue of the provisions of a certain
deed of real estate, situate in Weston, in said county, made
by one Samuel Lovewell, dated March thirtieth, in the year
one thousand eiglit hundred and thirty-nine, and recorded
in the registry of deeds for the county of Middlesex, book
three hundred and eighty-four, page four hundred and sixty-
four, is hereby authorized and empowered to sell at public
auction or private sale, on such terms as he may think most
advantageous, and convey to the purchaser or purchasers
thereof, by good and sufficient deed or deeds, all the estate,
right, title and interest in and to the real estate in said deed
described, vested in him by virtue of his appointment as
trustee as aforesaid : provided, hoivever, that the said trustee
shall, previous to said conveyance, give bond with good and
sufficient sureties, to the judge of probate and insolvency
for the county of Middlesex, to be approved by said judge,
with condition that the said trustee shall faithfully execute
the powers herein granted, and shall render to said judge, or
to his successors, a true account, under oath, of the proceeds
of said sale or sales, within one year from the date thereof,
and at such other times as the said judge may direct ; and
shall apply and invest such proceeds, and accoimt for and
pay over the same when required, according to law, and
shall discharge his trust in relation to the premises, faithfully
and for the best interests of the cestui qui trust named in
said deed. Approved April 1, 1859.

Resolve in aid of the hospital at Northampton.

Resolved, That the sum of six thousand dollars be al-
lowed and paid to the trustees of the hospital for the insane
at Northampton, being the amount drawn after their annual
report to the legislature, on the thirtieth of September,

1859.— Chapters 50, 51. 451

eighteen hundred and fifty-seven, from former appropria-
tions, and before the passage of the act, chapter one hundred
and forty of the acts of the year eighteen hundred and
fifty-eight, and not included in the sum of fourteen thousand
two hundred and twenty-two dollars and ten cents, men-
tioned in said act as having been expended for furnishing
and providing said hospital for occupancy, as mentioned
therein. Ajiproved April 1, 1859.

Resolve concerning the state map. Chap. 50.

Resolved^ That the secretary of the Commonwealth be, secretary to con-
and hereby is, authorized to contract with Henry F. Walling, j'^walung^^'"^^
for the publication of the state map during the remaining
term of the copyright thereof, upon the following condi-
tions : — Said Walling shall, at his own expense, cause all conditions,
necessary corrections to be from time to time engraved upon
the original plates, and at the expiration of the copyright he
shall return the plates to the secretary of the Commonwealth,
waiving any exclusive right on his part to any additions or
corrections that he shall have caused to be put upon them.

Said Walling shall not remove the plates above mentioned,
from the Commonwealth ; nor shall he print from them or
allow others to do so, or subject them to any wear or use,
except such as may be necessary in making electrotype
duplicates.

Said Walling shall furnish the secretary of the Com-
monwealth with as many copies of the then latest edition of
the map as may be required for the use of the Common-
wealth, at a price not exceeding five dollars, and shall keep
a supply thereof constantly on public sale in Boston, at a
price not exceeding six dollars.

Said Walling shall waive all claim upon the Common-
wealth for past services as superintendent of the state map,
whether on the ground of broken contract or otherwise.

Said Walling shall keep the plates above mentioned
insured,' in behalf of the Commonwealth, for at least three
thousand dollars, and shall deposit the policy with the
secretary of tlie Commonwealth, who shall also exact of him
a satisfactory bond, in at least four thousand dollars for the
safe keeping and return of the plates, and for the due
performance of all parts of the contract.

Approved April 1, 1859.

Resolve in favor of the washingtonian home. Chat) 51

Resolved, That the sum of one thousand dollars be $i,ooo to be ex-
allowed from the treasury of the Commonwealth, to the \^^^^^^ ^^ '^''«''-

452 1859.— Chapter 52.

Washingtonian Home, to be expended by the directors for
the charitable purposes of the institution, in providing a
refuge for inebriates and means for reforming them.

Approved April 1, 1859.

Chap. 62.

Resolves to enforce payment of debts due to the common-
wealth, ON account of sales of the public lands in MAINE.

Land agent to Resolved, That the land agent be, and hereby is directed,
tracts of land on as soou as may be after the first day of May next, to adver-
Tredue?'*^™^"'^ tis® ^11 t^^® Bangor Jeffersonian and Portland Advertiser,
newspapers printed in Maine, and in the Boston Daily
Advertiser, the Boston Atlas and Daily Bee and the Boston
Evening Traveller, a list of all tracts of land and timber on
which there now are, or on or before the third day of
September next, will be due, to the Commonwealth of
Massachusetts, any promissory notes given for the purchase
thereof, specifying in such list the notes due on the several
tracts, the names of the promissors, and the amount of
principal and interest which will then be due, and giving
notice in such advertisements, to all parties interested in
Lands forfeited if Said tracts, that if said notes shall not be paid on or before
SembtrThird^ thc third day of September next, the said tracts will be
declared forfeited to the Commonwealth, for breach of the
condition of the deeds and contracts conveying the same.
Lands on whicii Resolved, That in case said notes shall not be paid within
not'^ade in one ouc year after the third day of September next, then all
temberrt^befo?- ^aid tracts of land and timber, on which payment shall not
feijed, except, havo been made, shall become, and are hereby declared to
be, forfeited to the Commonwealth of Massachusetts, without
further time for redemption, except as hereinafter provided,
to wit : on payment of one-third part of the principal and
interest due on the notes given for any tract or tracts of
land or timber, advertised as aforesaid, to be made on or
before the third day of September, in the year eighteen
hundred and sixty, the forfeiture of such tract or tracts
shall be postj)oned for one year ; and on payment of one-
half of the principal and interest remaining due, to be made
on or before the third day of September, in the year eighteen
hundred and sixty-one, the forfeiture of such tract or tracts
shall be further postponed for another year ; and on payment
of the balance of the principal and interest remaining due,
on said notes, to be made on or before the third day of
September, in the year eighteen hundred and sixty-two, the
other conditions of the deed or contract having been per-
formed, the forfeiture shall be wholly relieved, and the title
of the purchaser under the deed or contract shall become

1859.— Chapter 52. 453

absolute : provided, however^ that no timber or logs shall be Proviso,
cut or removed from any of said tracts, without security
being first given, satisfactory to the treasurer and land
agent, for payment of stumpage thereon, at the rate of two
and a half dollars per ton for timber, and four dollars per
thousand feet, board measure, for logs, at the woods' scale,
to be made on the third day of September next after the
cutting thereof, and indorsed on the notes given for the
tract or tracts, on which the same shall have been cut, and
to be accounted as payment, in whole or in part, of the
several instalments above specified, in order of time as they
mature ; and in case timber or logs are so cut or removed,
without security given as aforesaid, or such stumpage is not
paid as aforesaid, then the tract or tracts, from which the
same are cut or removed, shall not be saved from forfeiture,
but shall be forfeited without further time for redemption.

Resolved, That if any part owner of any of said tract or owners of lands
tracts of land or timber, or any mortgagee thereof, fails to &c'°other o^wn-
pay his proportion of the principal and interest to be paid rlquired^Yn™!^-
as aforesaid, on the third day of September, in the year thlTLnds^^^^ "'^
eighteen hundred and sixty, any other part owner or mort-
gagee, who on that day pays his part of said principal and
interest, may, on the fourth day of said September, pay to
the land agent the sum which is required to be paid on the
previous day by such delinquent part owner, and shall have
the right to complete the payments for the whole, in manner
before provided, and having so done, shall be entitled to a
deed of the interest in the tract or tracts forfeited by such
delinquent part owner. No payment made by any part
owner, shall save from forfeiture any part of any tract or
tracts, unless the share of each delinquent part owner be ,
paid and the land purchased in the manner before provided.
If there be two or more part owners, who desire to pay
their own shares of such sums, and to unite in paying the
share of such delinquent part owner, they may do so, and
be entitled to the forfeited interest of such delinquent part
owner, in proportion to their own respective interests.

Resolved, That there be appointed a committee of the committee to ex-

' .. Ji . o J.^ J. 1 a™'Qe >nto value

legislature, consistmg of one on the part oi tne senate and of lands heidfor
two on the part of the house, whose duty it shall be, as soon "ndsett" Tiaims
as practicable after the adjournment of the present session, ^eaith°&^°"'
to examine into the value of all tracts of land and timber
in Maine, held to the Commonwealth of Massachusetts for
payment of any notes whatsoever, and into the personal
responsibility of the promissors on said notes, and to ascer-
tain the probability of payment being made by them, or
37

454 1859.— Chapters 53, 54.

realized from said lands and timber ; also, to inquire into
and consider the grounds of abatement prayed for by the
petition of Cyrus S. Clark and William H. McCrillis ; also,
to confer with all parties interested in said tracts, for the
purpose of obtaining, if practicable, an early settlement of
said notes, in whole or in part, either by present payment,
or by new and reliable securities ; and to make report thereof
to the governor and council : and said committee shall have
power and authority, with the approval of the governor and
council, to adjust, compromise and finally settle said notes,
and the claims of the Commonwealth under said conditional
deeds and contracts, on such terms as the interests of the
Commonweath may require, and as shall be just and equi-
Land agent to table to the partlcs interested in said lands ; and the land
execute deeds, ^ggj^^^ jg j^ercby authorizcd, under the direction of the gov-
ernor and council, to execute and deliver such deeds and
instruments as may be required, on behalf of the Common-
wealth, to carry such settlement into effect ; and these
resolves shall not be construed to invalidate any security,
whether by contract or otherwise, now held by the Common-
wealth. Approved April 1, 1859.

Chap. 53. Resolve in favor of the guardian of the tribe of punkapog

INDIANS.

8Bio4totheguar- Resolvecl, That there be allowed and paid out of the
treasury of the Commonwealth, to tlie guardian of the tribe
of Punkapog Indians, the sum of fifty-two dollars, for the
benefit and sole use of Isaac Williams ; also, the sum of
fifty-two dollars, for the benefit and sole use of Elizabeth
Bancroft, both members of said tribe, being in feeble health ;
the same being in addition to the sums allowed and paid to
said guardian, by resolve of the year eighteen hundred and
forty-five, chapter six, and of resolve of the year eighteen
hundred and fifty-five, chapter twenty.

Approved April 2, 1859.

Chap. 54. Resolve confirming the records and doings of the congrega-
* tional library association.

Records made Resolvecl, That all the acts and proceedings of the Con-

▼aiKi, c. gregational Library Association, as the same now constitute

the records of said association in possession of its recording
secretary, be, and the same are hereby fully ratified, estab-
lished and confirmed, and the said records be held valid and
complete to all intents and purposes, as the acts, proceedings
and records of a corporation duly organized and constituted,
agreeably to the laws of the Commonwealth of Massachu-

1859.— Chapters 55, 56, 57. 455

setts, notwithstanding any defects, informalities or omis-
sions whatsoever, in any of said acts, proceedings or records ;
and furthermore that the persons now acting as the officers omcersestabush-
of said association, according to said records, be hereby ^'^' ^"^
fully established in their respective offices as the legally
constituted officers of such corporation, and fully authorized
to perform all their respective duties, until their successors
be chosen in conformity with the constitution and by-laws
of said association, as the same have, from time to time,
been altered or amended. Approved April 2, 1859.

Resolve coNCERKma the preservation of certain papers. Chap. 55.

Resolved, That the secretary of the Commonwealth be, $150 appropn-
and he is hereby authorized to cause to be preserved in '^^^'
bound volumes, the original " Plats and Land Grants," now
on file in his office ; and a sum not exceeding one hundred
and fifty dollars is hereby appropriated for the expense of
the same. Approved April 2, 1859.

Resolve on the petition of Nathaniel silsbee, trustee, and QJiap. 56.

MARY ANN C. D. SILSBEE.

Resolved, For the reasons set forth in said petition, that Authorized to seu
Nathaniel Silsbee, of Salem, in the county of Essex, be, ''^''^^''''*^-
and hereby is, authorized and empowered to sell and convey,
at public or private sale, and on such terms as he shall think
expedient, a certain lot of land situate in Salem, aforesaid. Location.
and bounded as follows : Beginning at the corner of Pleasant Boundaries.
and Andrew Streets, thence easterly l)y said Andrew Street,
one hundred and twenty feet, to land of Ropes ; thence
southerly by land of Ropes ninety-five feet, to land of
Silsbee ; thence westerly by land of Silsbee one hundred
and fifty-two feet, to the northerly side of an iron post in
Pleasant Street ; thence northerly by Pleasant Street,
seventy-seven feet, to point begun at ; being the same estate
conveyed to said Nathaniel, as trustee, by deed of Nathaniel
Silsbee, senior, recorded in Essex registry of deeds, book
two hundred and sixty-eight, leaf forty- three ; and to execute
good and sufficient deeds thereof, free and discharged from
all trusts, and to hold the net proceeds of the sale of said
estate, upon the trusts referred to in said petition.

Approved April 4, 1859.

Resolve in favor of the town of north brookfield. Chap. 57.

Resolved, That there be allowed and paid from the treas- si44 to the town
ury of the Commonwealth, to the town of North Brookfield, "^i^"'''^ ^'^°''-
the sum of one hundred and forty-four dollars, to reimburse
said town for the expenses incurred in the support of
Frederick M. Scott, a state pauper. Approved April 4, 1859.

456 1859.— Chapters 58, 59, 60, 61, 62.

Chcrn 58 I^ESOLVE IN FAVOR OF DESERVING PUPILS OF THE STATE REFORM
^ "' ' SCHOOL AND STATE INDUSTRIAL SCHOOL.

Allowance of Resolved, That a sum not exceeding one thousand dollars,

kssistanc°'anci be allowcd from the treasury of the Commonwealth, for the

dese^Ting pupils, asslstauce and education of such pupils of the state reform

school for boys, and the state industrial school for girls, as

may be designated by the governor, upon the certificate of

the trustees of either of the said schools that said pupils are

worthy of special encouragement for good conduct, in order

that those pupils may be made competent to engage in some

useful vocation or trade ; and that the governor be author-

proviso. ized to draw his warrant accordingly : provided, that not

more than one hundred dollars be applied for the benefit of

any one pupil, and that the amount applied for the benefit

of any pupil be expended under the direction of the trustees

of the school to which such pupil shall have been committed.

Approved April 4, 1859.

Chap. 59. Resolve in addition to a resolve passed February 10, 1816.
Compensation of Resolved, That the resolve passed on the tenth day of
uoTserLon.^ ^° February, in the year one thousand eight hundred and six-
teen, be so far amended as to make the compensation of the
preacher of the election sermon, annually, one hundred
dollars, beginning with the present year.

Approved April 4, 1859.

Chap, 60. Resolve in favor of the guardian of the punkapog tribe of

INDIANS, FOR THE BENEFIT OF SALLY BURR.

S852 appropriated. Resolvcd, For thc rcasous set forth in the petition of Sally
Burr, a member of the Punkapog tribe of Indians, that there
be allowed and paid out of the treasury of the Common-
wealth, to the guardian of said tribe, the sum of fifty-two
dollars, for the benefit of said petitioner.

Approved April 5, 1859.

Chap. 61. Resolve in relation to the state prison.

S300 for building Resolved, That there be allowed andpaidout of thetreas-
a ence. ^^^^ ^^ ^j^^ Commonwcaltli, the sum of three hundred dollars

for the purpose of building a wooden fence on the north and
west sides of the grounds of the state prison ; said fence to
be of the same height as the one which formerly stood on
said premises. Approved April 5, 1859.

Chap. 62. Resolve for the payment of military bounty to company d,

SIXTH REGIMENT, THIRD BRIGADE, SECOND DIVISION OF MASSACHU-
SETTS VOLUNTEER MILITIA.

ferSin 1857 Rf^solved, That there be allowed and paid out of the treas-
ury of the Commonwealth, to John Abare and fifty-four

1859.— Chapter 62. 457

others, late members of company D, sixth regiment, third
brigade, second division of the Massachusetts volunteer mili-
tia, the sums set against their respective names, in the
accompanying pay-roll, for services performed as officers,
non-commissioned officers, privates and musicians in said
company, in the year eighteen hundred and fifty-seven, and
not yet allowed them because of informality and incorrect-
ness in the returns of said company to the adjutant-general.

PAY-ROLL.

John Abare, one dollar and fifty-cents ; Julius Abare, one
dollar and fifty cents ; Richard Ames, five dollars ; Charles
Allen, one dollar and fifty cents ; A. J. Babcock, one dollar
and fifty cents; James W. Boynton, seven dollars and fifty
cents ; Samuel Bickford, one dollar and fifty cents ; Brad-
bury Brown, seven dollars and fifty cents ; R. B. Caverly,
one dollar and fifty cents ; John W. Clement, one dollar
and fifty cents ; C. G. Clement, one dollar and fifty cents ;
George H. Davis, nine dollars ; William Dowser, seven
dollars and fifty cents ; Edmund Eastman, one dollar and
fifty cents ; M. H. Fletcher, one dollar and fifty cents ; F. L.
Fletcher, nine dollars ; E. St. Francis, one dollar and fifty
cents ; Melvin Freeman, one dollar and fifty cents ; John F.
George, one dollar and fifty cents ; Edwin Golden, seven
dollars and fifty cents ; A. S. George, one dollar and fifty
cents; Daniel H. Gordon, one dollar and fifty cents; John
S.Holmes, seven dollars and fifty cents ; J. N. Hutchins,
one dollar and fifty cents ; B. F. Jackson, six dollars and
fifty cents ; H. T. Jenkins, one dollar and fifty cents ; C. P.
Johnson, one dollar and fifty cents ; S. H. Lane, one dollar
and fifty cents ; William P. Lynch, one dollar and fifty
cents ; P. W. Lougee, one dollar and fifty cents ; George
Leighton, one dollar and fifty cents ; Bryant Moore, seven
dollars and fifty cents ; Ira Moore, seven dollars and fifty
cents ; James Murphy, seven dollars and fifty cents ; Charles
Merrill, one dollar and fifty cents ; A. G. Norcross, seven
dollars and fifty cents ; Ora Oakman, seven dollars and fifty
cents ; H. Patterson, one dollar and fifty cents ; John Palmer,
one dollar and fifty cents ; T. Pearson, one dollar and fifty
cents; C. B. Reed, one dollar and fifty cents; John Roberts,
one dollar and fifty cents ; C. H. Rundlet, one dollar and
fifty cents ; C. J. Shackford, one dollar and fifty cents ;
George Stevens, one dollar and fifty cents ; Edwin Simonds,
one dollar and fifty cents ; Alfred Shattuck, one dollar and
fifty cents ; M. P. Smith, one dollar and fifty cents ; William

458 1859.— Chapters 63, 64, 55, 66, 67.

H. Smith, one dollar and fifty cents ; Jesse G. Stover, nine
dollars ; James A. Storer, seven dollars and fifty cents ; J.
A. Tinker, one dollar and fifty cents ; Temple Tebbetts, two
dollars and fifty cents; J. Vandeford, one dollar and fifty
cents ; Archelus Welch, one dollar and fifty cents.

Approved April 5, 1859.

Chap. 63. Resolve in favor of the marshpee Indians.

Additional allow- Resolved, That in addition to the sum of one hundred
orcertain'^pau- doUars, allowcd to the treasurer of the Marshpee Indians, by
^^^^- resolve, chapter twenty-seven, of the year one thousand eight

hundred and fifty-eight, there be allowed and paid from the
appropriation for Indians, the sum of forty-seven dollars
and eighteen cents, to the said treasurer, for the support of
certain paupers of that tribe. Approved April 5, 1859.

Chap. 64. Resolve relating to the better protection of the state

almshouses from fire.

«3,ooo allowed to Resolvecl, That the sum of one thousand dollars be
auecurities!''°'^ allowcd and paid to the inspectors of each of the three
state almshouses, for the purpose of providing additional
securities against fire, within the present year : provided^
that at Tewksbury an amount equal to what has already
been expended for hose, may be expended for gutters and
conductors and for painting. Approved April 5, 1859.

Chap. 65. Resolve in favor of smith, knight and tappan,

$667.50 for cor- Resolved, That there be allowed and paid from the treas-

onheTtet/nlp* ury of the Commonwealth, to Smith, Knight and Tappan,

the sum of six hundred and sixty-seven dollars and fifty

cents, in full payment for the corrections of the plates of the

state map. Approved April 5, 1859.

Chap. 66. Resolve in favor of artimun staples.

$60 to Artimun Resolved, That there be allowed and paid from the
^^^' treasury of the Commonwealth, the sum of sixty dollars,

to Artimun Staples, to defray the expenses incurred in the
defence of a suit against himself, as an officer, in the execu-
tion of the laws of the Commonwealth.

Approved April 5, 1859.

Chap. 67. Resolve relating to reporters' seats in the house op repre-
sentatives.

$300 for new in- Resolved, That there be allowed and paid out of the

closures and n ^ j~t r. ^ iii

desks. treasury oi the Commonwealth, the sum of three hundred

dollars, for removing the present seats of reporters in the

1859.— Chapters 68, 69, 70, 71. 459

house of representatives, and replacing the same by new
and more convenient inclosures and desks ; the same to be
expended by the sergeant-at-arms, under the direction of the
commissioners on the state house. Approved April 5, 1859.

Resolve in favor of l. p. Rowland. Chap. 68.

Resolved, That there be allowed and paid from the »399.44 to l. p.
treasury of the Commonwealth, the sum of three hundred
and ninety-nine dollars and forty-four cents, to L. P. Row-
land, to reimburse the expenses incurred in the defence of
suits against himself, as an officer, executing the laws of the
Commonwealth. Approved April 5, 1859.

Resolve concerning the proceedings in equity between the Chap, 69.

COMMONWEALTH AND THE STATE OF RHODE ISLAND. '* '

Resolved, That the attorney-general and the counsel on Attorney-general
behalf of the Commonwealth, subject to the direction and negotiate for^he
approval of the governor and council, be and they are adoption of a con

, ^'^ I'T • n 1 T n 1 ventional line.

hereby authorized to negotiate lor the adjustment of the
proceeding in equity now pending in the supreme court of
the United States between this Commonwealth and the state
of Rhode Island and Providence Plantations, by the adop-
tion of a conventional line, to be confirmed by a decree of
said court, and that for the purposes aforesaid, and the
general expenses of conducting said suit, the governor be s5,ooo appropri-
authorized to draw his warrant for a sum not exceeding five
thousand dollars. Approved April 5, 1859.

Resolve in relation to the surrender of certain military Chan. 70

STORES TO the UNITED STATES. "'

Resolved, That the adjutant-general, under the direction surrender autho-
of the governor, be and he hereby is authorized, empowered quence of "the"
and directed, to surrender to the United States such arms, ^acwttsciato'
equipments and munitions of war, if any, as the United
States may be entitled to receive, in consequence of the
payment of the claim of the Commonwealth for disburse-
ments, services and so forth, during the late war with Great
Britain. Approved April 5, 1859.

Chap. 71.

Resolve authorizing the removal op certain guns from the
state arsenal.

Resolved, That the adjutant-general be authorized and Removal to. ^tate
instructed to remove, forthwith, from the state arsenal, at °"^^*"'^'^°'"'^«'^-
Cambridge, to the doric hall of the state house, the two
pieces of ordnance, formerly in possession of the Concord
Artillery, and inscribed by the state, with the names of those

460 1859.— Chapters 72, 73, 74, 75.

patriots who fell at the battle of Concord ; and also two
other brass guns, formerly used in the city of Lowell, which
were captured at the battle of Bennington ; said guns to be
properly mounted and located in some appropriate space,
under the direction of the commissioners on the state house,
and kept where tliey may at all times bo convenient to
public inspection. Approved April 5, 1859.

Chap. 72. Resolve in favor of robert b. caverly.

S498.26 for ex- Resolved, That by reason of the extraordinary cost in-
ma°r«ai.° '^°"'^'' currcd by Robert B. Caverly, of titf city of Lowell, in being
drawn without the limits of his brigade, for his trial by
court-martial, there be allowed and paid out of the treasury
of the Commonwealth, to him, the sum of four hundred
ninety-eight dollars twenty-six cents, to indemnify him for
expenses incurred in defending charges against him at a
court-martial, as stated in his petition.

Approved April 5, 1859.

Chat). 73. Resolve in addition to a resolve in relation to the salaries

^' ' OF THE registers OF PROBATE AND THE REGISTERS OF INSOLVENCY

IN THE COUNTIES OF NANTUCKET AND FRANKLIN, FOR THE YEAR
EIGHTEEN HUNDRED AND FIFY-EIGHT.

Resolve of 1859 to Resolved, That the provisions of the resolve, chapter
&J!*f IVer'^De- twcnty-threc, of the present year, be extended, so as to
camber, 1858. apply to the Salaries of the officers therein mentioned, dur-
ing the time they may have held the offices mentioned in
said resolve, after the thirty-first day of December, in the
year one thousand eight hundred and fifty-eight.

Apj)roved April 5, 1859.

Chap. 74. Resolve in favor of john c. willey.

$33211 to John Resolved, That there be allowed and paid from the
c. Willey. trcasuiy of the Commonwealth, the sum of three hundred

and thirty-two dollars and eleven cents, to John C. Willey,
for indemnification for costs and expenses, incurred in the
defence of a suit against him, as an officer executing the
liquor law of the year eighteen hundred and fifty-five.

Approved April 5, 1859.

Chap. 75 . Resolve in favor of ben.jamin walker.

^5 to Benjamin Resolvcd, That thcrc be allowed and paid from the
treasury of the Commonwealth, the sum of seventy-five
dollars to Benjamin Walker, to reimburse the expenses
incurred in the defence of a suit against himself, as an
officer of the Commonwealth. Approved April 5, 1859.

1859.— Chapters 76, 77, 78, 79. 461

Resolve in favor of william tewksbury. Chan 76

Resolved, That there be allowed and paid from the $1,200 allowed as
treasiuy of the Commonwealth, to William Tewksbury, the |o,t"u^t'Jine/i^
sum of twelve hundred dollars, as an indemnity for the loss being deprived of

.. ,, ,. ... T . Tr>ii !• use and income

sustained by him in being deprived 01 the use and mcome of beaches.
of his beaches, situated in the town of Winthrop, by the
effect of an act passed in the year one thousand eight liun-
dred and fifty-six, entitled " An Act to protect Boston
Harbor : " provided, that nothing in this grant or indemnity proyiso.
shall be construed into an acknowledgment of any legal title
or claim of said TewksbWiy, for such indemnity ; and pro- provided, auo,
vided, also, that the above sum of twelve hundred dollars
shall be in full satisfaction and discharge of any claim here-
tofore made, or hereafter to be made, by the said William
Tewksbury, his heirs or assigns, against this Commonwealth,
touching the subject matter of this resolve.

Approved April 5, 1859.

Resolve in favor of Jonathan day. Chap. 77.

Resolved, That there be allowed and paid from the ^93.12 to jon-
treasury of the Commonwealth, the sum of ninety-eight a'^anDay.
dollars and twelve cents, to Jonathan Day, of Worcester,
for expenses and costs incurred in defence of a suit against
him, as an officer executing the law of eighteen hundred
and fifty-five, entitled " An Act concerning the manufacture
and sale of spirituous and intoxicating liquors."

Approved April 5, 1859.

Resolve concerning the insurance commissioners. Chap. 78.

Resolved, That the insurance commissioners be, and they si,i64.82 grant-
are hereby authorized to receive the sum of eleven hundred tion Vr° m'Tking
and sixty-four dollars and eighty-two cents, being the pol"c1ei°'' °^ "^^
amount paid into the treasury by life insurance companies,
under section ten of chapter two hundred and fifty-two, of
the acts of the year eighteen hundred and fifty-six, as com-
pensation for assistance employed by them in making a
valuation of the policies of said companies outstanding on
the first day of November in the year eighteen hundred and
fifty-eight ; and the sum aforesaid is hereby appropriated to
be paid out of the ordinary revenue of the Commonwealth.

Approved April 5, 1859.

Resolve providing for the pay op the honorable james t. Chav. 79.

ROBINSON, late SENATOR FROM THE NORTH BERKSHIRE DISTRICT. -* '

Resolved, That the sum of ninety-four dollars be paid to $94 to james t.
the Honorable James T. Robinson, late senator from the i^o'^'°«o°-

38

462 1859.— Chapters 80, 81, 82.

North Berkshire District, for his compensation as senator
from said district, up to, and including February third, in
the year eighteen hundred and fifty-nine.

Approved April 6, 1859.

(Jhcip. 80. Resolve for the compensation of james russell.

«246toLydia Resolved, That there be allowed and paid out of the

treasury, under the appropriation for the compensation of
members of the legislature, to Lydia Russell, wife of James
Russell, a member of the house of representatives, the sum
of two hundred and forty-six dollars, in addition to the sum
already paid him, it being the amount to which he would
be entitled for attendance during the whole of the regular
session. Approved April 6, 1859.

Chap. 81. Resolve in favor of francis n. luce.

$104 for support Rcsolved, That there be allowed and paid from the treas-

o^^ rince o n- ^^^^ of tlic Commouwealth the sum of one hundred and four

dollars, for the support of Prince Johnson, an Indian

pauper, for the term of one year, ending the fifteenth day

of February last past. Approved April 6, 1859.

Chap. 82. Resolve on the petition of theophilus parsons and others

FOR leave to sell REAL ESTATE HOLDEN BY THEM IN TRUST.

i^ed'\Tseii*reIi Rssolved, For reasons set forth in said petition, that the

estate. said Tlicophilus Parsons, George H. Kuhn, Francis E.

Head, Thomas B. Hall and Edward Bangs, trustees under
the last will and testament of Benjamin Bussey, late of
Roxbury, in the county of Norfolk, deceased, be, and they
are hereby authorized and empowered to sell, either at
public or private sale, for cash, the premises described in

Location. said petition, being a certain parcel of land situate in

Boston, in the county of Suffolk, and bounded and described

Boundiries, as foUows, viz. : iiorth-wcstwardly by the line of Devonshire
Street, as established by a resolve of the city council of the
city of Boston, passed the twenty-sixth day of June, in the
year one thousand eight hundred and fifty-eight, there
measuring fifty-four feet and seven-tenths of a foot ; east-
wardly by a passage way thirty-four feet and four-tenths of
a foot; south-eastwardly by the same, on a curved line,
seventeen feet and seventeen hundredtlis of a foot ; south-
wardly by the same, nineteen feet and one-tenth of a foot:
and westwardly by land lately conveyed by said trustees to
the city of Boston, one foot and six-tenths of a foot, con-
taining six hundred and fifty-five square feet, and twenty-
eight hundredths of a foot, more or less, or however other-

1859.— Chapters 83, 84, 85. 463

wise bounded or described, the same being shown on a
plan made by N. Henry Crafts, dated October eleven,
eighteen hundred and fifty-eight, and filed with the plans
of said city : provided, that the said trustees shall hold, rroviso.
manage and use the proceeds of said sale, for the uses and
purposes, and upon the same trusts, for which they now
hold said real estate, and for no other : provided, that this Proviso.
resolve shall not be construed to impair any existing leases
on said premises. Approved April 6, 18.59.

Resolve authorizing the treasurer of the commonwealth

TO FURNISH the TOWN OF NEW SALEM WITH A SET OF STANDAR

I Chap. ^3.

AVEIGHTS, MEASURES AND BALANCES.

Resolved, That the treasurer of the Commonwealth be JdTo'funnsh."'*"
authorized and directed to furnish to the treasurer of the
town of New Salem, a complete set of the standard weights,
measures and balances, such as the treasurer of each town
is required to keep by the provisions of the two hundred
and forty-second chapter of the acts of the year eighteen
hundred and forty-seven, to be kept by said treasurer
according to the provisions of the three hundred and thirty-
second chapter of the acts of the year eighteen hundred and
forty-eight. Approved April 6, 1859.

Resolve for paying the expense of serving an executive (Jfidvy ^4.

WARRANT. ^'

Resolved, That there shall be allowed and paid to the $120 to sheriff of
sheriff of the county of Suffolk, the expenses of serving the ^'^^'>^-
executive warrant in the case of James McGee, and that for
the purpose aforesaid there is hereby appropriated out of
the ordinary revenue, a sum not exceeding one hundred
and twenty dollars. App)roved April 6, 1859.

Resolves providing for the publication of certain special Chat). 85.

LAWS. "'

Resolved, That the special acts of this Commonwealth, secretary to pub-
passed subsequently to the year one thousand eiglit hundred passed'slnce im
and forty-eight, be collated and published under the direc-
tion of the secretary of the Commonwealth, in volumes as
nearly as may be in conformity with the volumes of the
special laws heretofore published, and that a full and com-
plete index of the matter contained therein, be appended to
each volume.

Resolved, That two thousand copies of the special laws Distribution,
aforesaid shall be printed, and shall be distributed as fol-
lows : One hundred copies for the use of the various offices

464 1859.— Chapters 86, 87, 88.

and committee rooms, and for the two branches of the
legislature ; two hundred copies for the state library, for
duplicates and exchanges ; one copy to each city and town
in the Commonwealth ; one copy to each member of the
present legislature ; one copy to each public and incorpo-
rated library in the Commonwealth ; and the remaining
copies to be disposed of by the secretary of the Common-
wealth to individual purchasers at cost : provided^ that no
copies shall be sold for the purposes of resale.

Approved April 6, 1859.

land, &c.

Sums to be as
sessed.

Chap. 86. Resolve in favor of the Dudley Indians.

forciearing Resolved, That there be allowed and paid out of the
imexpended appropriation of May twenty-ninth, of the year
one thousand eight hundred and fifty-seven, for the clearing
and fencing of the land occupied by the Dudley Indians,
and for erecting woodslieds upon the same, the sum of four
hundred dollars, to be expended under the direction of the
selectmen of the town of Webster. Approved April 6, 1859.

Chap. 87. Resolve granting taxes for the several counties.

Resolved, That the sums placed against the names of the
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 :

Barnstable — Fourteen thousand dollars :

Berkshire — Twenty-four thousand dollars :

Bristol — Fifty-six thousand dollars :

Dukes County — Three thousand and two hundred dollars :

Essex — Ninety thousand dollars :

Franklin — Eighteen thousand dollars :

Hampden — Thirty thousand dollars :

Hampshire — Twenty-one thousand dollars :

Middlesex — Ninety-eight thousand dollars :

Norfolk — Fifty thousand dollars :

Plymouth — Thirty thousand dollars :

Worcester — Ninety thousand dollars ; ten thousand dol-
lars, at least, to be applied to the payment of the county
debt. Approved April 6, 1859.

Chap. 88. Resolve in favor of the hassanamisco tribe of Indians.
$1,000 allowed on Resolved, That there be allowed to the Indians of the
fuidTyfanureo°f Hassanamisco tribe, out of the treasury of the Common-
» trustee. Wealth, the sum of one thousand dollars, to be paid over to

1859.— Chapters 89, 90, 91. 465

the judge of probate and insolvency of the county of Wor-
cester, and by him invested or disbursed at his discretion,
for their benefit, in such manner as shall most effectually
meet the present or future wants and necessities of the sur-
viving members of said tribe of Indians ; and in payment
of the claim of Gilbert Walker, or of any other claims
which may exist for their former support ; this allowance
being made on the ground of a loss of a part of the fund
belonging to said tribe of Indians, by the failure of one of
the trustees in charge thereof, appointed by the Common-
wealth. And said judge of probate and insolvency shall
annually report to the general court his proceedings in rela-
tion to this allowance. Approved April 6, 1859.

Chap. 89.

Resolve authorizing the erection of a statue of daniel

WEBSTER within THE STATE HOUSE GROUNDS.

Resolved, That full consent and permission, upon the part Erection author-
of the Commonwealth, is hereby given to the application of "^*^'
the executive committee of one hundred, on the " Web-
ster Memorial," to set up the statue of the late Daniel
Webster upon any suitable spot within the state house
grounds, which may be approved by the commissioners of
the state house, and the chairman of the joint standing
committee on the state house upon the part of each branch
of the general court : provided, that the same be done at proviso.
the expense of the " Webster Memorial Fund,"

Approved April 6, 1859.

Resolve on the petition of the selectmen of the town of QJidf)^ 90.

SUNDERLAND. ^'

Resolved, For reasons set forth in said petition, that there $135.49 allowed
be allowed and paid out of the treasury of the Common- f/aTtatepauper!
wealth, to the treasurer of the town of Sunderland, the sum
of one hundred and thirty-five dollars and forty-nine cents,
in full, for the support, medical attendance and funeral
expenses of Emeline Coggswell, a state pauper ; and that
the governor be authorized to draw his warrant accordingly.

Approved April 6, 1859.

Resolve in favor of moses brown. Chap. 91.

Resolved, That there be allowed from the treasury of the $75 to Moses
Commonwealth to Moses Brown, of Newburyport, for medi- ^''°^°-
cal services rendered to the Christiantown Indians, the sum
of seventy-five dollars. Approved April 6, 1859.

466 1859.— Chapters 92, 93.

Ch(l7) 92 Resolve on the petition of franklin hall.

Probate court to Resolved, That for the reasons set forth in said petition,
under°the wuf of ^liG probate coiirt within and for the county of Worcester,
Luther Hall. \^q ^nd it hereby is authorized, upon the petition of the
executor, residuary legatee, or other interested person named
in the last will and testament of Luther Hall, late of Sutton,
in said county, deceased, duly approved and allowed in said
court, March second, eighteen hundred and fifty-eight, and
after notice to all persons interested, to appoint a trustee to
receive the amount of the legacies, mentioned in said will,
to Hannah B. Stockwell and Anna Maria Stockwell, minors
and grandchildren of said deceased ; and upon the payment of
the full amount of said legacies to such trustee, the estate
of said deceased shall, by force of this resolve, be discharged
Duties of trustee, from all liability on account of said legacies ; and the trus-
tee so appointed shall receive said legacies, and hold, invest
and account for the same, together with the interest that
may accrue thereon, for the use and benefit of said minors,
subject to the same contingencies, in relation to the death of
said legatees or either of them, as mentioned in said will,
and shall pay over said legacies according to the provisions
of said will ; and in case of the death or resignation of any
trustee, appointed as aforesaid, the said court shall appoint
a new trustee, and the trust estate shall vest in him, in like
manner as it did or would have vested in the trustee in
whose place he is substituted ; and said court may more-
over, order such conveyances to be made by the former
trustee, or his representatives, as may be proper or con-
venient to vest in the trustee newly appointed, the estate
and effects that are to be held in trust ; and every trustee so
appointed by said court shall be required to give bonds with
good and sufficient sureties, for the faithful performance of
his duties as trustee ; and said court of probate may pass all
orders and make such decrees in relation to said trust, as
justice and equity may require ; and this resolve shall take
effect from and after its passage. Approved April 6, 1859.

Chap. 93. Resolves for reprinting a report on the insects of new

ENGLAND, WHICH ARE INJURIOUS TO VEGETATION.

Secretary board Resolved, That tlic sccretary of the board of agriculture
obtain right' to be, aud lic is hereby authorized to obtain from the legal
print 2,500. representatives of the late Thaddeus W. Harris, M. D., the
right to print an edition of no more than twenty-five hun-
dred copies of his report on the insects of New England
which are injurious to vegetation, which was presented to
the legislature in eighteen hundred and forty-one.

1859.— Chapters 94, 95. 467

Resolved, That the secretary of the board of agriculture May make addi-
cause the authorized number of copies of said report to be tra°fons|^'and
printed as soon as may be, with suitable additions and illus- ]^^^y'be°°" *^
trations ; and that he be authorized to procure such
assistance as may be necessary therefor.

Resolved, That of this new edition there be presented to Distribution.
each of the incorporated agricultural societies, receiving the
bounty of the state, and to each of the incorporated horti-
cultural societies of the state, fifteen copies, to be awarded
as premiums by these societies ; that one hundred copies be
placed at the disposal of the governor and council for such
gratuitous disposition as they may think proper ; that fifty
copies be placed at the disposal of the secretary of the board
of agriculture ; that each town within the Commonwealth
shall have one copy, to be placed in its public library ; and
that each member of the present legislature, also each officer
and reporter, and each of the trustees of the state library,
shall receive one copy ; and that the remainder of this
edition be left at the control of the legislature.

Resolved, That a sum not exceeding eight thousand dol- $8,ooo appropri-
lars be, and the same is hereby appropriated for the purchase
of the right to print said edition, and for the use of the
plates now in the possession of the personal representatives
of said Harris, and for the republication of the same in
accordance with the provisions of the foregoing resolves.

Approved April 6, 1859.

Resolve in aid of the new England moral reform society. Chap. 94.
Resolved, That there be allowed and paid out of the $i,ooo to be ex-
treasury of the Commonwealth, one thousand dollars, in of "the society^'''^*
aid of the New England Moral Reform Society, to be used
by its officers in furtherance of the benevolent designs of
that corporation. Approved April 6, 1859.

Chap. 95.

Resolve providing for the sale of the house heretofore
occupied by the sekgeant-at-arms.

Resolved, That the estate owned by the Commonwealth, commissioners
with the house thereon, numbered twelve, in Hancock house*^ to ^^t
Street, in the city of Boston, heretofore occupied by the ^'^■
sergeant-at-arms, be sold by the commissioners on the state
house, as soon as may be, advantageously for the interests of
the Commonwealth ; and the proceeds of such sale shall be one year's inter-
placed in the treasury, to be applied as may hereafter be gaie°'to''bTadde°d
provided by law ; and one year's interest, at the rate of six *" '''^'•^o' of ser-
per cent, on the amount of such proceeds, shall be paid to ^^'"'
the sergeant-at-arms in addition to his salary for the present

468 1859.— Chapters 96, 97, 98, 99.

Proviso. year : provided, that the estate shall first be advertised two

weeks, at least, in four daily papers published in the city of
Boston, and the sale shall be at public auction ; and said
commissioners are hereby authorized to execute, in behalf
of the Commonwealth, a deed of said estate to the purchaser
thereof. Approved April 6, 1859. '

Chap. 96. Rksolve in addition to the resolve providing for the sale of

THE HOUSE HERETOFORE OCCUPIED BY THE SERGEANT-AT-ARMS.

Appropriation for Resoliwd, That a suui of money equivalent to six per

additional allow- , , '^.,/ i-i i

ance to sergeaut- centum upou tlic purchasc money, ii any, which may be

at-arms.

received for the sale of the house heretofore occupied by
the sergeant-at-arms, is hereby appropriated, to be paid out
of the ordinary revenue, and that the governor may draw
his warrant therefor, in favor of the present sergeant-at-
arms. Apjrroved April 6, 1859.

Chap. 97. Resolve in aid of the washingtonian home.

f2,ooo to be ex- Resolved, That the sum of two thousand dollars be, and
rectors. ^ ^'^^ '^'" tlic Same is hereby appropriated, to be paid out of the treas-
ury of the Commonwealth, to the treasurer of the Washing-
tonian Home, to be expended by the directors of said
institution, for the purpose of providing a retreat for ine-
briates, and means for reforming them, and that the governor
be authorized to draw his warrant therefor accordingly.

Approved April 6, 1859.

Chap. 98. Resolve in relation to the commissioners for the revision

OF THE STATUTES.

se.ooo to com- Resolved, That there be allowed and paid to the commis-
nii.ssioners. sloucrs for tlic rovisiou of the statutes, the sum of six thou-
sand dollars, on account of services by them rendered.

Approved April 6, 1859.

Chap. 99. Resolve in favor of addison prentiss.

Trustees Reform Rcsolved, That tlic trustccs of thc state reform school
topay$i8L93for at Wcstborough, be and they are hereby authorized, out of
views, &e. moncys appropriated for the current expenses of said school,

to pay to Addison Prentiss the sum of one hundred and
eighty-one dollars and ninety-three cents, for services per-
formed by him for said school, in drafting, lithographing and
printing views of said state reform school, and for materials
furnished for said work ; the said views being the same
referred to in the annual report of the trustees of said school,
of the year one thousand eight hundred and fifty-three.

Approved April 6, 1859.

1859.— Chapters 100, 101, 102, 103. 469

Resolve authorizing the appointment of an agent for the Qhniy 1 ()()

PROSECUTION OF THE CLAIMS OF THIS COMMONWEALTH AGAINST ■' "

THE GOVERNMENT OF THE UNITED STATES.

Resolved^ That the governor, with the advice and consent ooveraor to ap-
of the council, be authorized to appoint an agent to co-ope- 1*°'°' '"s""'
rate with a similar agent, appointed by the governor of the
state of Maine, in the prosecution of the claims of this Com-
monwealth against the government of the United States ;
that the service of such agent shall continue through, and Duratiou of sar-
terminate with the thirty-sixth congress ; and that the com-
pensation to such agent shall be fixed by the governor and
council ; and the same so fixed, shall be paid, upon the war- compensation.
rant of the governor, out of such moneys as may be procured
from the general government by such agent.

Approved April 6, 1859.

Resolve respecting certain appropriations for the Dudley, Chap.\0\.

TROY AND MARSHPEE INDIANS.

Resolved^ That there be allowed and paid to the guardians sums appropri-
of the several Indian tribes, for the support of said Indians,
and for the salaries of said agents, for the year ending the
thirty-first day of December, in the present year, to be paid
from the appropriations of the present year, for Indians, the
following sums, that is to say : to the guardian of the Dud- »65o to Dudley
ley Indians, for their support, a sum not exceeding six
hundred and fifty dollars, and for the salary of said guardian, sioo to guardian.
the sum of one hundred dollars ; to the guardian of the Troy $400 to xroy in-
Indians, for their support, a sum not exceeding four hundred '^'''"^
dollars, and for the salary of said guardian, the sum of one $100 to guardian.
hundred dollars; to the treasurer of the Marshpee Indians, sisotoMarshpee
for the support of certain paupers, a sum not exceeding one
hundred and fifty dollars. Approved April 6, 1859.

Resolve in favor of the district of marshpee. Chap.102.

Resolved, That there be allowed and paid out of the treas- S7i5 for making
ury of the Commonwealth, to the treasurer of the district of '^°*''^'
Marshpee, the sum of seven hundred and fifteen dollars, to
reimburse said district the amount paid for making roads,
ordered by the county commissioners, through said district
of Marshpee ; and said sum is hereby appropriated for that
purpose. Approved April 6, 1859.

Resolve concerning flats and shores belonging to the com- CJlCip.lOS.

MONWEALTII.

Resolved, That the land agent shall have charge of all havechaf|eofau
lands, flats, shores and rights in tide waters belonging to the i^o'^s except,
39

470

1859.— Chapter 103.

&c., and ascer-
tain condition,
&c.

May require ser-
vices of attorney-
general.

Surveyors.

May lease said
property.

WTien riparian
owners may make
improvements
upon terms fixed
by governor and
council.

Governor and
council to repre-
sent Comuion-
wealth in all di.s-
putes with ripa-
rian owners.

Commonwealth, except the Back Bay lands and other lands
and rights now by law provided for ; and it shall be his duty,
as far as practicable, to ascertain the location, extent and
description of such property, investigate the title of the Com-
monwealth thereto, ascertain what parts thereof have been
granted away by the Commonwealth, the conditions on which
such grants were made, and whether said conditions have
been complied with, what portions have been encroached or
trespassed on, and the rights and remedies of the Common-
wealth in relation thereto, prevent further encroachments
and trespasses, ascertain what remaining portions of such
property may be leased, sold or improved, with benefit to the
Commonwealth and without injury to navigation and the
rights of riparian owners, and make report to the governor
and council ; and he may, with the approval of the governor
and council, require the services of the attorney-general,
and employ such surveyor or surveyors, as may be nec-
essary to accomplish, either in whole or in part, the objects
aforesaid.

Resolved^ That whenever it shall appear to the governor
and council, to be for the benefit of the Commonwealth, and
not injurious to navigation and the rights of riparian owners,
the land agent may, with the approval of the governor and
council, lease any parts of such property for periods not
exceeding five years, for purposes not injurious to navigation
or riparian owners, on such terms of use, occupation and
rent, as they shall determine.

Resolved, That whenever riparian owners may desire to
construct or extend wharves on their own or the Common-
wealth's property, aforesaid, or to otherwise use and improve
the same, and it shall appear to the governor and council,
after due notice, given in such manner as they shall prescribe,
to all parties interested, that the same may be done without
injury to navigation and the rights of riparian owners not
joining in such improvement, and will be for the benefit of
the Commonwealth, the governor and council may fix the
terms and conditions, and the prices to be paid to the Com-
monwealth, on and for which such riparian owners may so
construct and extend wharves and make such uses and
improvements, and purchase and acquire from the Com-
monwealth the right so to do, or all its rights in such prop-
erty ; and the land agent may, under their direction, sell the
same upon the terms so fixed as aforesaid ; and the governor
and council shall have full power and authority to represent
the Commonwealth, in all differences, disputes and claims
with riparian owners or other parties, respecting the aforesaid

1859.— Chapter 103. 471

property of the Commonwealth, and the same to sue for,
defend, arbitrate, adjust and settle, as the interests of the
Commonwealth, the protection of navigation, and the rights
of riparian owners may require ; and the land agent, with
the approval of the governor and council, may, and when-
ever directed by them shall, in behalf of the Commonwealth,
execute and deliver all deeds and instruments necessary or
proper for the conveyance of the rights and interests of the
Commonwealth in any of the aforesaid property, sold as
aforesaid, or for carrying into effect any adjustment or set-
tlement made by the governor and conncil, as aforesaid ; and
all sums of money to be paid therefor, he shall receive and
pay into the treasury of the Commonweal tli. But nothing Extension be-
in this or the preceding resolve shall authorize the extension SissLnersMi^es
of any structure from the shores or wharves of Boston, not authorized.
Charlestown or Chelsea, beyond the commissioners' lines,
now or hereafter established by the legislature, in the har-
bors of Boston and Charlestown, defining the limits beyond
which structures shall not be extended.

Resolved, That all deeds, instruments and writings made Land agent to
by the land agent, as aforesaid, shall be by him recorded in '^'^p'"*''"'^'^^'**'-
the records of the land office, and all title deeds, maps, charts
and surveys relating to the aforesaid property shall be there
deposited and kept.

Resolved, That the Back Bay commissioners shall have Back Bay com-
the custody of all oi'iginal deeds, instruments, maps, charts, keep original
plans and surveys relating to the Back Bay lands, and shall ownddug7,'^&c.
keep a record of all deeds, instruments and agreements made
by them, and the same shall be deposited by them in the
land office at the expiration of said commission ; but they
shall, as soon as may be, cause attested copies of all thereof
to be made and deposited in the land office, where the same
shall be kept on file by the land agent.

Resolved, That the governor and council be authorized to surveys made
represent the Commonwealth and protect its interests, and states.
to co-operate in all scientific surveys, which may be made by
the United States government, of harbors, rivers, shores or
waters within the Commonwealth. Approved April 6, 1859.

ADDENDA.

The legislature of 1859 passed 273 Acts aud 103 Resolves, which
received the approval of the governor. In addition to these, an Act,
entitled " An Act concerning the sale of Wheat, Corn, other Grains and
Meal," and a Resolve entitled " Resolve concerning the Compensation of
Members of the Legislature for the Extra Session, and of the Committee
on the Revision of the Statutes," were '' laid before the governor for his
revisal," and were returned by him to the branches in which they respec-
tively originated, with his objections thereto : being placed upon their
final passage, " notwithstanding the said objections," in the manner pro-
vided by the Constitution, and two-thirds of the members failing to " agree
to pass the same," they were accordingly declared lost.

A " Resolve for the Payment of Clerks, Door-keepers, Messengers and
Pages during the extra session of the Legislature, and during the session
of the Committee appointed to sit during the recess," was also sent to the
governor, but being similar in character to that concerning the compensa-
tion of members of the legislature and of the committee, which was
returned to the House of Representatives, it Avas accordingly retained by
the executive, and, as provided by the constitution in such cases, failed to
" become a law or have force as such " — the legislature having adjourned
within five days thereafter.

The amount of appropriations which have been made from the ordinary
revenue, for the maintenance of the government, and for other purposes,
for the present year, is $993,020.44, including the expenses of the Com-
mittee on the Revision of the Statutes to sit during the recess; and
for expenses incurred in former years, i|61,816.82 — to cover which there
are unexpended balances of appropriations of the year 1858, estimated at
^40,000.

The general court was prorogued to Wednesday, the seventh day of
September; at which time it was resolved to convene for the purpose of
completing the revision of the General Statutes of the Commonwealth,
commenced by the Commissioners appointed for that pui-pose, and to be
submitted to the legislature at that time by the Committee appointed to
examine and consider the same during the recess.

CLASSIFICATION OF ACTS.

General Statutes, or Acts of a public character, . . . 177
Special Acts, relating to individuals and corporations, . . 96 — 273

INAUGURAL ADDRESS

HIS EXCELLENCY NATHANIEL P. BANKS.

Representatives' Chamber,
Jan. 7, 1859.

At one-half past twelve o'clock, His Excellency the Governor, accom-
panied by His Honor the Lieutenant- Governor, the members of the
Executive Council, and officers of the civil and military depart-
ments of the government, attended by a Joint Committee of the two
Houses, and the Sheriff of Suffolk, met the Senate and House of
Representatives, in Convention, and delivered the following

AD DUESS.

Senators and Representatives:

At the time appointed by the Constitution we have assem-
bled as representatives of the people, for the purpose of
considering what assistance and support the interest of those
we represent, and the public service, may demand of legis-
lative power. In thus opening another political year, the
evidences of public health, peace and prosperity which
surround us, prompt us not more to a public recognition of
our dependence upon the mercies of Divine Providence,
than to a silent and grateful acknowledgment for signal
blessings heretofore bestowed upon our people.

The seasons have been favorable to agricultural industry,
and in every part of the Commonwealth its labor has been
generously rewarded. The product has been more than a
tenth part larger tlian in any preceding year, giving a value in
staple crops and minor farm products, upon careful inquiry

474 GOVERNOR'S ADDRESS.

and estimate, of thirty-two million dollars,* against a value
of twenty-eight million four hundred thousand, returned by
assessors in 1855. An unusual public interest in this pur-
suit has been manifested, and the county exhibitions have
been attended by greater numbers than heretofore. Nearly
$12,000 have been paid from the treasury, to twenty-one
societies. Were it not for the general interest and success
exhibited by this department, it would seem to present a
somewhat defective arrangement. Originally intended to
embrace large sections of the Commonwealth, each society
has been subdivided, until a single county numbers two,
three or more rival organizations. There are political and
moral, as well as financial results, produced by expositions
of industrial wealth. In periods of pending revolution they
have represented the power of the people against rulers ;
and when society is undisturbed they are unerring evidences
of prosperity and peace. Their full success demands, how-
ever, aggregation of product, as well as variety. What is
done for this interest, sho\dd be done for the State, whose
prosperity in all industrial pursuits represents and limits
individual success. This consideration would justify a less
absolute reliance than that now existing upon county
agricultural societies.

Festive occasions, like county exhibitions, restricted in
time and crowded with appointments, do not allow extended
opportunity for intelligent comparison, or elementary and
practical discussion. A more effective organization might
be formed, with the concurrence of that now existing, which
would afford very largely increased advantages with but
slight addition to the charge upon the treasury. Town
societies, formed for purposes of discussion, might be assisted
by agents representing the Board of Agriculture, as now
educational agents represent that department ; not merely
by lectures, but ultimately by courses of practical, elemen-
tary and scientific discussion. To town societies thus sup-
ported— the counties still maintaining their annual local
expositions — should be added, in periods of three or five
years, a State exhibition, concentrating its industry and
offering opportunities for exhibition, comparison and dis-
cussion, now never presented.

Notwithstanding the sterility of our soil, and the severity
of our climate, no civilized state in the history of man ever
presented greater evidences of prosperity than the enterpris-
ing and hardy sons of Massachusetts have wrought out of

* Supplementary Document, [B.]

GOVERNOR'S ADDRESS. 475-

the simple elements of nature, upon a territory which our
fathers declared upon taking its possession was but " bare
creation." The first glimpses of national wealth they found
in the limitless seas, that never fail to surrender their wealth
to those who patiently seek it ; which pay no taxes, and
know no charters of possession or ownership, except those
signed and sealed by the hand of hardy industry. A
territorial area as large as that now employed for tillage and
mowing, or covered by road and rivers, embracing some of the
most fertile spots of the Commonwealth, has lain unproduc-
tive and idle for two hundred years, and young men are yet
going west after land and markets. We have coined wealth
from commodities that we export to warmer latitudes, of
which the very rigors of the climate constitute a principal
part. Were every known soiirce of industrial wealtli anni-
hilated, we could reclaim it from the seas, and, re-stocking
our rivers with fish native to their waters, re-create a source
of prosperity, the monopoly of which would afford an income
not realized in some of the most favored lands. Has the
legislature ever been called to witness the aggregation of
what our industry really is, or what it promises to be ? I
have never seen it. Assuming executive duties at the
opening of the past year I had thought an opportunity was
presented, which promised me this pleasure. But of twenty-
one exhibitions the principal part were in the same week :
two agricultural expositions within seven miles of each
other, on tlie same day, in a county with a population of
32,000, and an estate valuation of less than $12,000,000—
that sufficiently illustrates our system. We spend no small
amount of time in discussions in which caprice overthrows
opinion, and emotion is mistaken for principle, and thus
lose the opportunity of presenting in substantial aggregates,
the accumulations of industry, intelligence and liberty, which
never failed and never can fail, to impress the world with a
sense of power, whenever presented. The State is the
unit of our industrial system, and nothing should be disre-
garded which enlarges its resources, develops its wealth, or
concentrates and controls its trade, in which lie the secrets
of power and prosperity.

The manufacturing interest, so heavily oppressed during
the late financial crisis, and which has failed to receive that
direct recognition which every branch of American industry
may justly demand, though paralyzed by partial losses, is
steadily advancing, and the energy and skill which planted
it upon soil so far removed from the staple commodities
which it works, will, I trust, at no distant day, re-establish

476 GOVERNOR'S ADDRESS.

something of its ancient prosperity. I recommend to you a
favorable consideration of all measures which are designed
to promote the interests of those who by investment of capital
or labor are dependent upon its success. It may be expe-
dient to inquire what improvement can be made in legislation
relating to other industrial interests.

The assessors' valuation of estates, to which your attention
will be called in another connection, exhibits a reduction in
the valuation of one of the smaller maritime counties, for
the present year, compared with last, of one million two
hundred ninety-eight thousand dollars, and indicates a
corresponding depreciation, I regret to say, in maritime
pursuits and in navigation. With this exception, I believe
the industry of the State presents no unfavorable aspect.

The munificent charities of the Commonwealth have been
faithfully administered. Increased attention has been given
to those who are recipients of its bounty, and the various
institutions exhibit satisfactory evidences of careful economy,
patient energy, capacity and success, on the part of those
who have been charged with duties of supervision. It has
been especially gratifying to witness improvements in the
management of lunatic hospitals. Every evidence of force
or violent restraint has been removed. The prison-like stone
cells which were seen a few years since, have disappeared,
and the same persons who were then wearing away in
solitude a life of naked misery, are now seen comfortably
clad, moving quietly about through spacious and airy cor-
ridors. That which restraint and force failed to accomplish
has been attained through other agencies more directly
affecting the mind of patients. Books and periodicals are
of this class, and more recently it is found that engravings,
procured at trifling expense, produce beneficial effects
upon the worst class of patients. It is apparent, that
persons wholly incapable of that attention which reading or
study requires may be impressed by casual observation, or
more careful study of engravings. It is an influence which
may be perfectly adapted to the condition of different
patients, and is certainly a cheering substitute for the
torture which insane persons have suffered in other ages.
In order that its full advantages may be realized without
unnecessary delay, I recommend that a small annual appro-
priation be made, for a limited period, to be expended for
this purpose under the direction of the trustees or superin-
tendents of the several hospitals.

The large proportion of foreign born patients found in
our hospitals suggests important considerations. The native

GOVERNOR'S ADDRESS. 477

and foreign born are not affected in the same way by disci-
pline. The American patient yields more readily to persua-
sion, and resists coercion, while the foreign patient, by
education and custom, is more submissive to the voice of
authority. It may be deemed expedient, at some time
hereafter, to separate these classes, so that subordinate
officers and attendants may be selected, who, by education
as by nature, may be best able to inspire confidence, and
enforce that restraint, which the welfare of these unfortunate
people demands.

By a statute of 1857, the treasurers of the several hospi-
tals are authorized to charge the Commonwealth with the
support of patients not having any known settlement therein,
at " the same rates that they charge for other lunatics
residing therein," instead of the fixed compensation formerly
paid. This change in the law will not operate favorably,
either as it regards the interests of the Commonwealth or
the reputation of the hospitals. The state has paid for the
construction of buildings and the support of insane persons,
in the aggregate $980,713, and it supports annually from
four to six hundred persons. LFpon either consideration it
is entitled to the discrimination which was formerly made.
But the change is liable to graver objection. If the annual
expenses of the hospitals can be divided among state patients,
secure of their support, their superintendents are in part
relieved from the necessity of that vigilant exertion, which
is required to maintain the reputation of the establishments,
so as to attract private patients of our own or neighboring
states ; and they will gradually fall below the standard of
excellence hitherto maintained. Whatever sum is paid from
the treasury for the support of patients, should be in my
judgment a fixed compensation, and if it prove inadequate
to the support of the hospitals, let the deficit be supplied by
direct legislative appropriation.

The reports relating to the state almshouses exhibit
improvement and increased economy in their management.
A still greater reduction in their cost can be made, and a
very careful examination in their operations, and of tlie
principles upon which they are established, is required.
The policy we have adopted for the support of paupers, not
having any known settlement in the Commonwealth, is one
of exclusive in-door relief. Our institvitions are modeled
apparently upon the present English pauper system. Eng-
land has erected and supports six hundred and forty-five of
these establishments — while we have but four — that were
intended originally as a substitute for the system of out-door

40

478 GOVERNOR'S ADDRESS.

or parish relief. The returns of the past year indicate that
it has been a partial, if it do not prove an entire failure.
The grand register shows that up to July 1, 1858, one hun-
dred and eleven thousand paupers had received in-door
relief, while seven hundred and fourteen thousand had
received out-door relief, according to the system formerly
existing. With twelve metropolitan work-houses, and six
hundred and forty-five union work-houses, to be supported
with all their officers and machinery, England has still to
furnish relief to six-sevenths of her paupers outside, who are
unwilling to take refuge in her work-houses.

A similar result follows our system. We support outside
all our own paupers of native or foreign birth, who have
known settlements : and we support also our almshouses,
crowded with paupers drawn in upon us from every part of
the world, under the delusive representation of interested
parties, to be maintained for indefinite periods, or re-trans-
ported by us to the different parts of the world from whence
they came. We have supported an average, for the year
past, of twenty-eight hundred paupers, and have removed to
the places whence they came, three thousand two hundred
and sixty-seven in the same time.

Another consideration has a more important bearing.
The almshouses — crowded with men, women and children,
many of them helpless from infancy, infirmity or age — are
composed of materials so combustible that it would be diffi-
cult, in the event of conflagration, to avoid an appalling loss
of life. I do not think that we are prepared to enter upon
the construction of fire-proof buildings in place of the
present structures ; and I am therefore compelled, hesitat-
ingly, to advise the legislature to refrain from further
expenditures, except such as may be necessary for the
security of life ; to enforce a more rigid economy in their
management, and prepare for a gradual change of the
system. I respectfully ask the attention of the legislature
to this subject, and I cheerfully commend the general con-
duct of the officers of the almshouses and those attached to
the alien commission, in the performance of very difficult
duties.

There are few of the state charities that present more
gratifying results than those bestowed upon the remnants of
Indian tribes that remain among us. Of those that I have
seen, the Marshpees are most numerous, and in the best
condition. Within a few years intemperance and other
vices were common among them, and their public meetings
were often disturbed by riotous proceedings. They are now

GOVERNOR'S ADDRESS. 479

much improved. They are tem})crate and industrious, reg-
ular attendants upon their church, and commit very few
crimes against persons or property. They have constructed
some of the best roads in their vicinity ; their public assem-
blies are orderly, and in the election of their officers their
choice falls upon their best men, with the same unerring
sagacity exhibited by the white race, in the exercise of
similar powers. They have two schools of about thirty
pupils each. It is stated by their guardian and their pastor,
that they have been without crime or disturbance, for five
years past, except when intoxicating drink has been supplied
by white men. I would recommend severer penalties
against those who furnish them with spiritous liquors. I
recommend also a slight addition to their school fund, for
the purchase of books, as an encouragement to pupils and
parents, as well as to their teachers who have been faithful
to their trusts. I transmit to the legislature such informa-
tion as I have been able to obtain of other tribes, among
whom are families that retain some of the qualities of the
royal races of red men. They are the only monuments left
of the powerful races from whom we received the land we
occupy, and from whose spoken tongue Elliot constructed a
written language into which he translated the Holy Scrip-
tures. Of Elliot's Bible two editions were printed, copies
of which still remain in our public libraries ; but no person
lives who can reconstruct or interpret therefrom the language
then spoken by the Indian nations. ^^.y^

The increase of officers at the state prison consequent
upon recent events, and the depressed condition of trade
which makes the labor of convicts less remunerative, render
an appropriation requisite for the present year, but less is
required than that of the past year. The prison has never
constantly supported itself, but can be made to do so.
Increased vigor and more careful economy have been infused
into its management. Humanity as well as justice and
policy demands of the legislature a constant regard for the
health and personal comfort of the convicts. It is indis-
pensable, among other things, they should have sufficient
light and air. There is a portion of the prison in which
convicts are now confined, that is deficient in this respect.
An appropriation of seven thousand dollars, I am informed,
will be sufficient for the change recommended, which should
be made, and the charge therefor added to the prison con-
struction debt. Cheerful and instructive libraries should be
furnished them. I would also suggest the expediency of
enlarging the discretionary powers of the warden, as to

y^

480 GOVERNOR'S ADDRESS.

rations furnished, or other articles that in his judgment may
contribute to tlie health or comfort of prisoners, and perfect
the discipline of the prison. The statute authorizing the
remission of a limited portion of the term of imprisonment
upon proof of good behavior requires amendment, so that
it may operate equally upon all convicts. The principle of
the statute is wise and its effects salutary, and it may safely
be extended. The jails and houses of correction are in good
condition, so far as I have been able to examine them ; they
are healthy, the prisoners well fed, well clothed, supplied
with books, and kindly treated.

The returns of these institutions as to the number and
condition of prisoners, which are in some respects of great
value if correct, are irregular and defective. The informa-
tion required should be specified by statute in order that
the returns may be uniform as it regards prisoners, and
also that the uniformity may extend to series of years. I
transmit a tabulated statement of such returns as have been
made for a period of ten years, which embodies important
information. The state reform school at Westborough, and
the state industrial school at Lancaster, are represented to
,.be in very prosperous condition.
^.^"^^The commissioners appointed for the revision of the
x statutes, have completed the work assigned them. If the
/ revision shall prove to be well executed, and the character

of the commission leads to that conclusion, it will be of
great public service. A work of such extent and character
calls for very careful examination by the legislature, and in
conformity with established precedent, as well as that it may
receive exclusive attention, a special session will be neces-
sary. This revision of the statutes was commenced by
authority of a law passed in 1854. When completed it will
serve as the general code of laws for the next quarter
century. There is no principle of justice upon which the
cost of this revision, either as it regards legislative consider-
ation, or the printing of the work for the use of the people
hereafter, if the legislature concur in the revision, should
be charged as the current expenditures of this year, and
included in the existing burdensome state tax. I recom-
mend, therefore, that the expense of the work be added to
the public debt, and I make this recommendation not only
upon the grounds I have stated, but also upon the ground
that payment of every dollar of the public debt existing is
already provided.

The statute of 1858, consolidating the courts of probate
and chancery, has operated favorably. It has brought before

GOVERNOR'S ADDRESS. 481

the same tribunal causes of cognate principle and character,
heretofore separated : it will diminish expenses of suitors,
and ultimately increase the receipts of the treasury. It
secures to the judges also liberal and sufficient salaries.
There is no principle more important than this. Fixed
compensation for public services is one of the important
features which distinguish republican from despotic forms of
government. To no class of public servants does it apply
with so much force as to judicial officers. The just deter-
mination of judicial causes requires the union of rare abilities
— the highest integrity, great intellectual capacity, and
extended and varied mental culture. They are invested
with life tenures of office, and are expected chiefly to abstain
from active participation in business transactions. It is not
possible nor expedient to pay the most competent men as much
for such services as would be received by them in successful
professional life ; but they have a right to demand, accepting
judicial position, that such compensation shall be made for
their services as will enable them to maintain with econ-
omy, the dignity of their position and the honor of the state.
It will be manifest that salaries mainly established a quarter
of a century ago, and since not greatly increased, although
adequate when established, must be insufficient now. I
suggest to you, therefore, the inquiry, whether the present
salaries of the judges of the supreme court is a just and
liberal compensation for the services they render to the
state : and if you concur with me in opinion that it is not, I
recommend that it be enlarged by the addition of one thou-
sand dollars to the compensation of each judge. I make
this recommendation not so much for the judges as for the
people, in order that they may select for their service the best
men, whether with or without fortune, and who, when thus
selected, and strengthened by experience and study for the
discharge of their duties, may be able without injury to
themselves, to continue in service and in the enjoyment of
official honors with which they have been invested with their
own consent and by the choice of the people. But I deem
it proper also to say, in reference to the condition of the
treasury and the taxes of the people, that such increase of
salary, if established, should be made to take effect on the
first day of January, 1860.

The report of the adjutant-generalrepresents the depart-
ment of the militia to be in more prosperous condition, and
the troops in more perfect discipline than heretofore. The
number of enrolled men is 147,682. The number of men
in active service is 5,771. The expenditures of the depart-

482 GOVERNOR'S ADDRESS.

ment for the past year have been $65,185 ; nearly $7,000
less than in 1857, and $14,000 less than m 1856. The
division encampments during the past year were distin-
guished by attention to discipline, and with one exception —
affecting only a very small portion of the troops — by unusual
propriety and decorum ; a result that is to be attributed in
a great degree to the excellent and manly example of the
general officers who prohibited intoxicating liquors in their
respective camps. When Napoleon thought it of sufficient
importance to announce in his army bulletins, that " the
army of Italy bivouacked without strong drinks," it would
seem, as it has proved, that holiday encampments among us,
could be conducted on the same principles. While I find
great pleasure in awarding to the militia the highest com-
mendation for its excellent condition, I also feel that it is my
duty to suggest that careful examination should be made of
the principles of organization upon which it is based. Under
the present system, the militia consists chiefly, when truly
considered, of detached and independent companies, brought
into brigade or division lines, only at long intervals of time,
and not in every instance perfectly acquainted with regi-
mental officers or discipline. This system of independent
companies is a departure from the principles established in
the original organization of our militia, which was effected
at a special session of the general court in 1636, when three
regiments were raised, of which the field officers were
appointed by the magistrates, and the company officers
nominated by the troops. The regiment should be the unit
of organization, and companies subdivisions only of that
unit. No commonwealth has better material than our own
for effective military organizations, and properly established
upon the regimental basis, it would present citizen soldiers
unsurpassed by any on this continent, either in regular or
vokinteer service. There is necessity for more clearly
defined general regulations for the military forces of the
state than now exists. It is proper that Massachusetts
should have a military code of her own, which, while it
should recognize and enforce the constitutional authority of
the United States, should be also adapted to the conditions
and wants of her own service. I invite you therefore to
consider the expediency of appointing a commission of mili-
tary officers for the consideration of this subject. The
provision of the constitution which defines the power of the
commander-in-chief over the military forces of the state, is
inconsistent with the constitution of the United States, and

GOVERNOR'S ADDRESS. 483

should be amended so as to conform to the provisions of
that instrument upon this subject.

The legisLiture of 1858 gave its approval, according to
the requisitions of the constitution, to an amendment of that
instrument, declaring that " no person of foreign birth sliall
be entitled to vote, or shall be eligible to office, unless he shall
have resided within the jurisdiction of the United States for
two years subsequent to his naturalization, and shall be other-
wise qualified, according to the constitution and laws of this
Commonwealth : provided, that this amendment shall not
affect the rights which any person of foreign birth possessed
at the time of the adoption thereof; and, provided, further,
that it shall not affect the rights of any child of a citizen of
the United States born during the temporary absence of the
parent therefrom." I respectfully but earnestly recommend
a concurrence in this amendment, in order that it may be
submitted to the people for their approval or rejection.

The experience of the past year has tested in some measure,
the statute of 1858, relating to the crime of murder. The
act of 1858 established degrees in this high crime, which
had been previously regarded as capital in all cases. Some
embarrrassment has arisen in the construction of this statute,
and it is thought by the officers charged with the duty of
prosecuting criminal offences, that it would be partially
obviated if certain cases of murder — such as the murder of
an officer in discharge of his duty, or murder committed in
a prison or court house, should, by express enumeration, be
included in the class of murders in the first degree. 1 com-
mend this subject to your careful consideration.

The statute which authorizes the executive to make requi-
sition upon other states for the surrender of fugitives from
justice, demands consideration and revision, in order that it
shall be in strict conformity with the provisions of the consti-
tution and laws of the United States. The power to make
requisition upon other states for the surrender of alleged
offenders, and which authorizes the surrender of our own
citizens as criminals, upon ex parte statements exclusively,
is one which admits of gravest abuse, and should be most
carefully guarded.

The attention of the executive has been called to the
situation of one or more bridges, hitherto maintained by
corporations whose franchises have reverted to the Common-
wealth, and it is thought that in some cases, additional
legislation may be required.

During the past year, payment has been secured of one
class of securities held as the proceeds of the sales of public

484 GOVERNOR'S ADDRESS.

lands in Maine, to the amount of about 140,000. Tliere is
still due upon another class of the same securities, — the
greater part or the whole of which will ultimately be reduced
to cash, — about $124,557. It will be expedient to apply to
this class the same principles of legislation, which by resolu-
tion of 1856 were applied to those recently settled ; and as a
measure of wise economy, I recommend the continuance of
the land agent in ofitice another year, by wliom these compli-
cate accounts have been successfully adjusted.

The treasurer of the Commonwealth was authorized by a
statute approved April 5, 1854, to issue its scrip or certificates
of debt, to the amount of two million dollars, for the purpose
of aiding the Troy and Greenfield Railroad Company to
construct a tunnel and railroad under and through the
Hoosac mountain. During the past year application was
made for the payment of the first instalment under this act,
and as it appeared to the governor and council upon careful
examination that the conditions specified in the act had
been performed, scrip or certificates of debt in the name of
the Commonwealth to the amount of one hundred thousand
dollars were delivered to the treasurer of the company. I
transmit to the legislature a report of a committee of the
council upon this subject, and ask attention thereto.

No expenditure whatever has been made from the fund of
ten thousand dollars, appropriated by the legislature of 1858,
entitled the " Emergency Fund."

The statute enacted by the legislature of 1858, requiring
the banks to keep fifteen per centum of their liabilities in
specie, has operated favorably. The object and effect of the
statute is to establish that percentage of their liabilities, as
the least amount of specie at the immediate command of any
bank. The aggregate in all the banks therefore, always
exceeds that amount, as all cannot keep their specie con-
stantly at minimum point. It appears from the statements
of the banks in Boston, during the past year, that while a
part held only the amount of specie required by law, the
aggregate of specie in all the banks has been equal to more
than thirty per centum of their liabilities.

The bank returns show that while specie in banks has
been increased to 811,112,715, against $3,611,097 last year,
the loans have been increased in the same period of time
from $92,458,572 to the sum of 8101,662,947 :— indicating
that the ability and confidence derived from a larger amount
of specie, has enabled the banks to increase the amount of
loans, from which their profits are derived. The experience
of the past year would also seem to indicate that as the

GOVERNOR'S ADDRESS. 485

financial position of the country is strengthened by the in-
crease of specie, the rates of interest are reduced, approaching
an equality with the lower rates of European countries.

The currency is the basis of the system of credit which
our people have thought to be so closely connected with their
prosperity. No legislation should be omitted, therefore, that
will add to its stability and security, rendering it equal in
value at all times to the coin which it purports to represent.
There is danger that the present low rates of interest and
abundance of money, may encourage a desire to enlarge
facilities for speculation and to increase bank capital, thereby
turning capital from permanent and productive investments,
which give employment to industry and increase the products
of the country. The object of banks should be to facilitate
by temporary loans the distribution of the products of indus-
try ; but such products result generally from more permanent
investments of capital, such as improvements in land and
the construction of machinery, manufactories, ships and
railways.

An excessive paper currency counteracts the advantages
to be derived from incidental protection to American indus-
try, by stimulating, in the same degree, excessive importa-
tions of foreign manufactures. We cannot reasonably claim
additional support for our industry by protective legislation,
while we unnecessarily stimulate importations by injudicious
expansion of credit ; and to make the present rapid increase
of specie a pretext for such undue expansion, will result not
only in the partial exclusion of gold and silver, but also in
the acceleration of financial revulsions, and prepare the way
for the overthrow of all state institutions of credit, by the
concentrated power of the federal government. The large
amount of specie accumulating in the country, amounting
now to $258,000,000, affords an opportunity for such meas-
ures as may be necessary for the perfect security of our
system of credit. I transmit a communication of the secre-
tary of the treasury of the United States ; another from the
superintendent of the United States mint, upon the subject
of the currency ; and also the report of the bank commis-
sioners, to which I respectfully solicit careful attention.

It is sufficiently to the credit of the common schools to
say, that they maintain their high character. There has
been a marked improvement in the condition of the normal
schools, and in their capacity for public service. A similar
remark, though less within my own knowledge, may be
made of other departments of education. The expenditure
of tlifi past year, for educational purposes, was, $1,474,488.

41

486 GOVERNOR'S ADDRESS.

The number of children between five and fifteen years of
age, is 223,304, of whom 218,198 have been in attendance
upon the schools during the year, showing an increase in
attendance of 15,167 pupils on last year. The school fund
from which our system of schools is supported is about one
million five hundred thousand dollars. The board of edu-
cation, and the secretary of the board, in their reports,
earnestly recommend the increase of this fund to the sum
of three million dollars, as a measure indispensable to the
full success of the common school system. 1 commend
these papers to your consideration, with a most hearty
concurrence in this opinion. The public school fund was
established when we had less than half our present popula-
tion, and much less than half our present wealth. The
system is no longer an experiment. The advantages we have
already derived are far greater than were then anticipated ;
but it is still far from a perfect school that we have estab-
lished. I should reluctantly assent to the increase of the
school fund were it to be exhausted in expensive buildings ;
but other and better results will follow. Less and better
mental training will be applied ; physical development be
made to accompany intellectual attainment, and through
the instrumentality of agents, the people may be induced to
visit their children and to support the teachers, in school.
The success of the normal school will lead to other practical
and professional schools. The visitors of some of the normal
schools report, that the average age of students upon entering
is twenty-one years. But we should remember, that while
the normal schools instruct a few hundred, and the colleges,
for which I bespeak your favorable consideration, educate a
thousand more, there are a half million persons in the
Commonwealth, under twenty-one years of age, who must
seek their scholastic training in the public schools alone.

During the month of June, 1858, the supreme court
pronounced a decision upon the statute authorizing the
assessment of poll taxes, which has changed entirely the
universal and invariable practice of assessors since the earlier
state taxes were levied. The immediate effect of the deci-
sion was to invalidate, so far as they had been made, the
assessments of that year, and to require that one-sixth part
of the State tax should be assessed on polls. This principle
of assessment was well understood when the earlier State
tax was levied, and was recognized in legislative reports as
late as 1838, as the correct rule of assessment. No State
tax having been assessed from 1832 to the year 1854, with
a single exception of the year 1845, — a period of twenty-two

GOVERNOR'S ADDRESS. 487

years, — the opposite practice of excluding the State tax in
assessing poll taxes had become universal. The right of
suffrage depends upon the payment of a tax within two
years, and as a general rule, the payment of the poll tax is
made an indispensable qualification for the exercise of that
right. By our statute, it is also assessed upon minors.
Contrary to the general impression, it appears that the
increase has borne heaviest upon the least wealthy and
populous towns. In the town of Raynham, Bristol County,
with a population of 1,634, and an estate valuation of
f 893,400, the poll tax for last year was $2.60. In Clarks-
burg, Berkshire County, with a population of 424, and a
valuation in 1858 of $130,758, the poll tax was $2.72;
while in Cambridge, Middlesex County, with a population
of 20,473, and a valuation of $20,261,850, it was only $1.70.
Had the decision been pronounced in 1857 instead of 1858,
the portion of the State tax assessed on polls, instead of
$60,000, would have been $144,333, and the poll tax in
Raynham and Clarksburg would have been not less than
$2.90. Without raising the question whether taxes should
be assessed exclusively on property, a principle which is
inserted as a declaration of right in one of the State consti-
tutions, I think it may justly be assumed that a poll tax of
$2.72, or as it would have been in 1857, $2.90, upon the
payment of which depends the right to vote in town, state
or presidential elections, in such towns as Raynham and
Clarksburg, will operate, — in many cases affecting worthy
and industrious men, — as a denial of the elective franchise.
There are few States that assess taxes on polls, none that
assess a tax of $1.50, and not one that imposes it upon
minors. I recommend the legislature therefore to provide
by law, that this tax shall not be assessed on minors, and
that no portion of the State tax shall be assessed upon polls.
I am relieved of any fear that this course will work
injustice to the holders of property, because I suggest it with
the conviction that the State tax can soon be abolished, or
reduced to a nominal sum. We may be thus enabled to
relieve an industrious poor man of that which is in effect an
exorbitant tax on suffrage, and leave it to succeeding legis-
latures, whenever a State tax shall be laid, to determine
whether any, or what part, shall be assessed on polls. I
desire also, to renew, in this connection, my recommendation
to the legislature of last year, that a military tax, not to
exceed one-quarter dollar, in lieu of military service, should
be assessed upon enrolled citizens not numbered in the
active militia. It may also be expedient to inquire whether

488 GOVERNOR'S ADDRESS.

legislation is necessary for the protection of public officers
witli reference to any assessment or payment of poll taxes
made previous to the recent decision.

Since the adjournment of the legislature of last year the
supreme court has entered a decision which confirms the
title of the Commonwealth to lands in the Back Bay,
embracing an area of about one hundred acres. The same
decision has established the prerogative title of the State to
all channels and flats within its jurisdiction, below the line
of private ownership — a property of greater ultimate value
than the Back Bay lands, but not presently available.

Contracts for filling about one-half the Back Bay lands
have been made ; a part of the work is completed, and other
parts rapidly advancing. Sales of land and contracts for
sales, to the extent of 387,000 superficial feet have been
made, for which $492,000 is paid and to be paid. For
details of the transactions, I refer you to the commissioners'
report which I transmit.

One of the evils of this country of illimitable expansion
is the passion to obtain exorbitant prices for land ; a policy
which has paralyzed towns and cities, by adding to the
slender strips of land reserved for dwellings, narrow streets
and compact squares of buildings, reducing God's great
gifts of light and air, in the same proportion. The State,
under the direction of the commissioners, has chosen a wiser
policy. Avenues have been laid out on a scale of magnifi-
cence unequalled by any at present existing, and it is their
purpose to press as rapidly as possible the completion of this
great public improvement, neither sacrificing the property
of the State by injudicious sales, nor delaying or embarrass-
ing the enterprise by demanding exorbitant prices for land.

The question of immediate interest is, what disposition
shall be made of the proceeds of sales of land, which will
bring to the treasury, within five years, at a moderate
estimate, from three to five million dollars. An overflowing
treasury is prolific of unwise legislation. If the State were
burdened with public debts, I should unhesitatingly recom-
mend their application, as a primal duty, to that object ; but
it has none for which provision is not made, and I regard their
application to the temporary debt, or to meet a deficit
occasioned by excess of current expenditures over income,
as unjustifiable and unnecessary. I trust the legislature
will be able to make provision for the application of this
property to such public educational improvements as will
keep the name of the Commonwealth forever green in the
memory of her children : — and to this end I earnestly

GOVERNOR'S ADDRESS. 489

recommend, for reasons already stated, that the first public
charge to be made upon this property shall be for the
enlargement of the public school fund until it net the sum

of THREE MILLION DOLLARS.

Great interest has been given to this estate by the full
historical exposition contained in the opinion of the supreme
court, setting forth the title, and its connection with other
lands of towns bordering upon the Bay. Much of its
immediate and prospective value, is to be attributed to
public improvements of the city of Boston, and munificent
private expenditures made by its citizens. Such are the
reservation and improvement of the common, the establish-
ment of the public garden, and tasteful private structures
that adorn and make attractive its neighborhood. In just
recognition of advantages thus gained, and as a means of
protecting the public garden as it now stands, I recommend
that the state assume the duty of filling that part of the
street and lands adjacent the garden, which devolves upon
the city by the terms of the tripartite indenture of December
11, 1856, upon condition that no private structures shall
hereafter be placed thereon.

The secretary of the board of agriculture, upon his own
volition, and without public expense, has commenced and
nearly completed, within the year past, a collection of speci-
mens illustrative of the natural history of the state. The
idea, creditable alike in conception and execution, is sugges-
tive of scientific enterprises of greater moment, than a chance
collection crowded into the vacant rooms of the capitol.
Ought not Massachusetts, in the flush of wealth and power,
to provide for the most complete illustration of her own
natural history, or at least blend her efforts with the co-ope-
rative power of individuals, associations and institutions,
partially or altogether devoted to natural science, for the
initiation of a work, the commencement of which would shed
additional lustre on her name ; and the continuation of
which, from age to age, until in her museum of nature,
should be found correct representations of every form of
inorganic and organic life, would enable her instructed
people to trace the separate stages of existence through all
mutations, from nothing to Deity ? Neither means, occa-
sion, nor agents are wanting for its complete success. The
natural history of the Commonwealth, except in a few
departments wliere individual energy and genius have accom-
plished great results, is almost entirely undeveloped and
unrepresented. Other states, and the continent offer to
our researches regions yet mostly unexplored. Even where

490 GOVEl^NOR'S ADDRESS.

inquiry has begun, nothing is exhausted. We have also
private and public associations devoted to science, collections
of specimens that would honor European cabinets, not pub-
licly exhibited ; young men of energy to follow the career of
^ . Humboldt and Audubon, in pursuing wisely directed in-
quiry ; and among individual devotees of science, we have
the first naturalist of the age, to direct their labors ; one
who has withstood imperial solicitation and declined the
chair of science which the death of Cuvier leaves yet vacant,
choosing rather citizenship and scientific labor among the
American people. The world would wish such an enterprise
, success.

I approach the consideration of the financial condition of
the State with some hesitation. In many respects it appears
favorably, in others it will challenge serious and responsible
deliberation. I am gratified however, to be able to say that
the public debt presents no embarrassments. Every con-
siderable difficulty arises from the temporary indebtedness
of the State, and the excess of current expenditures over
current receipts.

The liabilities of the Commonwealth on account of loans
to railway corporations, amounted on the first of January,
1859, to $4,999,000, which is secured by corporation bonds,
and first mortgages of the roads and property of the several
corporations, to which the credit of the state has been
loaned. These corporations are now in prosperous condition,
earning more than their expenses, and with two exceptions
paying liberal dividends. There can be no doubt that the
security of the Commonwealth is abundantly sufficient to
cover all its liabilities. This statement includes the loan
recently made of 1100,000 hi aid of the construction of the
Hoosac tunnel, which is secured in like manner.

The. public debt, the purposes for which it has been
incurred, and means of payment, classified according to the
provisions for its liquidation, may be stated as follows :

State Reform School scrip, due July 1, 1860, . $75,000 00
State Prison scrip, due Dec. 1, 1860, . . 100,000 00

Lunatic Hospital scrip, due April 1, 1865, . $70,000 00
" Nov. 1, 1865, . 100,000 00

$175,000 00

170,000 00

State House scrip, due Oct. 1873 and 1874, . 165,000 00

Northampton Lunatic Hospital scrip, due

April 1, 1868, $150,000 00

Northampton Lunatic Hospital scrip, due

July 1, 1877, 50,000 00

200,000 00

GOVERNOR'S ADDRESS. 491

Lunatic Hospital and State Prison scrip, due

July 1, 1874, $94,000 00

Amounting to, $804,000 00

The payment of this debt, by statutes of 1857, chapter
197, is secured—

1st. By appropriation of the Western Railroad

Sinking Fund, amounting January 1, 1859, to $84,756 00
2d. By appropriation of Western Railroad

stock, January, 1859, .... 705,000 00

$789,756 00

Leaving a balance of $14,244 00

to be paid out of futiu-e income of these funds.

The claim of the State for military services, is also appropriated to pay-
ment of this class of public debt, but as it is not presently available, and
the debt is otherwise secured, it is not included in this schedule.

The second class of public debts, the purposes for which they were
incurred, and the provision made for payment, may be stated as follows :

State Almshouse scrip, due 1872, 1873, 1874, . . . $210,000 00
Payment of the debt is provided by a reservation of $6,000
annually from the income of alien passengers for this
purpose. This fund amounted, January 1, 1859, to . 37,539 00

and will be sufficient to pay the full amount when due.

The third class consists of scrip issued in 1856, and applied

to payment of unfunded debt, and is due 1864, '66, '68, . $300,000 00

For the payment of wliich is appropriated by statute of 1857,
chapter 235, from the first proceeds or disposal of lands
in Back Bay, 300,000 00

Of this sum $92,000 is already secured to the treasury, and the balance
will probably be received during the yeai\

The public debt thus stated, is $1,314,000, for the pay-
ment of which, as it becomes due, the most ample provision
and security has been made.

The temporary debt, or the excess of expenses over current
receipts, will require attention. Until 1853, for more than
twenty years, with one single exception the receipts of the
government were equal to its payments. In 1853 a state
tax was paid, which from the sum f 300,000 in 1854, had
grown to the sum of $899,973 in 1857. Tlie last legislature,
by systematic reorganization of every department, with one
exception, reduced the state tax to $359,988, making a
reduction of $539,985, and reducing the amount of county
taxes below the amount asked by commissioners $60,000 ; a

492 GOVERNOR'S ADDRESS.

total reduction in these two departments of nearly $600,000
in one year.

The total amount of appropriations for the service of last
year were 1954,938, of which $942,365 appears to have been
expended. The legislature, by statute of 1858, chapter
158, has deprived tlie executive department of the power to
make an exact statement of the wants of the government,
for the present year. Upon such information as can be
obtained, it is believed that the expenditures upon the basis
of last year will amount to $904,600, and the receipts, upon
the same basis, to $703,000— leaving a deficit of $201,000,
to be supplied by direct taxation. I am led to believe,
however, that increased receipts will reduce the deficit
stated some $25,000 ; and I am also persuaded that liberal
reductions in expenditures will still be made, so that the
deficit will not exceed $125,000 or $150,000, for this year.

There is one department of expenditures that requires
the careful and courageous attention of the legislature,
which will — with systematic reorganization like that applied
to the legislative and executive departments — remove the
deficit altogether. I mean the department of county expen-
ditures.

The county expenditures, except Suffolk, apart from state
and town expenses, for the past ten years, amount to the

sum of FIVE MILLION SEVEN HUNDRED AND FIFTY-SEVEN

THOUSAND DOLLARS. If to this sum be added the gross
expenditures of the county of Suffolk, the county expendi-
tures in ten years amount to seven million one hundred
AND ninety-four THOUSAND DOLLARS. Startling as the
aggregate, the ratio of increase is more surprising. The
total county expenditure and liability in 1848-9, was
$620,284. The county expenditure and Hability for 1858,
was $1,882,119, and including the criminal costs paid in
1858, on account of previous years, it was $2,087,972.
Showing an increase in the year 1858, over 1848, of one
million two hundred and sixty-three thousand dollars.

This aggregate is composed of the following items :
County taxes assessed ; county debts incurred, and two-
thirds of county criminal costs, paid by the State upon return
of county treasurers ; amounting, as I have said, in ten
years, to the sum of $7,193,840. These expenditures and
liabilities for the years 1848, and 1858, stated separately,
stand as follows :

GOVERNOR'S ADDRESS.

493

County Taxes, . . |237,775 00
County Debt, . . 223,314 U
Two-thirds Criminal

Costs, . . . 63,358 60
Gross Expenses of

Suflfolk County, . 95,836 94

Total for 1848-9, . $620,284 68

County Taxes, . . |466,700 00
County Debt, . . 1,059,220 00
Two-thirds Criminal

Costs, . . . *148,839 68
Gross Expenses of

SuiFolk County, . 207,359 41

Total for 1858-9, $1,882, 119 09

I transmit to the legislature extended tables, showing the
course of these expenditures for ten years, in detail. The
information has been obtained with considerable difficulty,
and the tables have been prepared by the secretary of state,
to whom, as to his assistants, I am greatly indebted for inde-
fatigable support in this investigation. They do not profess
accuracy, because there is no means of obtaining exact
information. They represent also the income of the counties
as from the labor of prisons, which is not greatly important,
because it is the amount of money expended to which my
attention has been turned.

The first observation I make upon this subject, is that in
this county expenditure of nearly one million dollars annu-
ally, except in Suffolk County, there is no systematic super-
vision of accounts, no direct responsibility of those who
expend to those who pay, and no financial department
established where the operations can be traced from year to
year. To state these facts is to enforce the necessity of
immediate and adequate remedy.

In the reorganization of this department of expenditure,
I entertain no doubt whatever that a retrenchment can be
effected, to which the deficit existing this year will make no
comparison.

And first, as to county taxes. For twenty years there has
been constant complaint of their amount and enormous
yearly increase. The legislative reports often refer to it,
but suggest no adequate remedy. The county taxes in ten
years, not including Suffolk, amount to $3,706,559. They
have risen from $237,775 in 1848, to $526,535 in 1857.
There is but one remedy for this gigantic increase of taxa-
tion, and that is to fix the responsibility upon the taxing

* This represents two-thirds of the amount actually incuri-ed for that
year, and deducting $205,853 from the amount actually paid as belonging
to previous years' costs.

42

494 GOVERNOR'S ADDRESS.

power. If the county tax exceeds a half million or a
million dollars, the legislature is responsible. To tax the
people, high legislative authority is indispensable.

I trust the legislature will accept this responsibility, and
applying to county expenses the same rule it applies to its
own business — specific appropriations for specific purposes —
will remove an evil under which every body groans, but for
which no body admits responsibility. Let all the members
of each county of whatever party relations, constitute a
committee on county expenditures, and reporting such
specific taxes as are required for specific purposes, let the
legislature grant or refuse them, as public justice and public
interest shall require.

The county debts also require attention. The debt
incurred in ten years, excluding Suffolk, is $836,558. In
1848 it was $223,314. In 1858 it was $1,059,873. The
county of Norfolk is the only county which has greatly
diminished its debt. Whether legislation is required upon
this subject, I submit to your judgment.

The criminal costs of the Commonwealth require careful
attention. I transmit a table from the ofiice of the treas-
urer, showing the aggregate costs and the amount paid by
the State. In ten years it amounts to $1,821,718. In 1848
there was paid $95,037 ; in 1858 there was paid $429,112.
When the State assumed two-thirds of the criminal costs,
the district-attorneys were officers of the State, and they
were therefore appointed to examine some portions of these
costs. They are now elected by districts and the State is
without any supervision whatever.

There is very great abuse in regard to criminal costs, and
sometimes in the execution of criminal law by justices. I
give an illustration furnished me by county officers. In a
town in an adjoining county, the criminal expenses for the
October term, 1857, returned by justices, was $243. In the
same town, for the same term 1858, the costs returned by
the trial justice were $32.62. In another town in the same
county, the costs for the October term 1857, were $185.79,
while those of the trial justice for the same term 1858, were
$615.82. Some of the cities require their officers to pay
into the city treasury all fees received by them in criminal
cases. The result is, that the profit of the city increases
the burden of counties and the State. Such facts explain
what appears a frightful increase in the number of criminals.
It has latterly been discovered that a sufficient increase of
arrests will pay to somebody criminal costs in ten years to
the amount of nearly two million dollars. Thus the crimi-

GOVERNOR'S ADDRESS. 495

nal costs paid by counties and the State, amounting to the
sum of $275,000 in 1855, and $224,000 in 1858, exceeded
in the last five years the costs paid the preceding five years,
more than seven hundred thousand dollars. From these,
and other causes that I cannot enumerate, you will not be
surprised to learn that the cost of supporting criminals is
greatly increased, and their numbers fearfully out of pro-
portion with what we suppose to be the innocent condition
of our people. I transmit a statement of the facts for a
period of ten years, which will speak for itself.

This gigantic and frightfully increasing evil demands
instant and adequate remedy. The remedy is simple, and
easily applied. It is to remove the irresponsibility that now
exists in every department of county administration, —
financial and criminal, — and establish a system of minute,
direct and absolute responsibility on the part of those who
exercise power, to those for whom it is exercised. Either
concentrate the power in the State, or transfer it from the
State to the counties.

It is impossible that this divided function — one party
expending and the other paying — can ever be consistent
with economy or wise administration.

It is not well to concentrate this power in the State. I
therefore advise that it be transferred to the counties. Let
the criminal costs, for instance, be divided. Let the costs
that arise in towns and cities be charged to towns and
cities, and the costs that grow out of county tribunals be
charged to counties. Then if the criminal power be abused
in any town or city the costs will be charged to the town or
city where the abuse exists, and the people will look closely
after those who administer criminal law, and hold them
responsible for all unnecessary evils. It has so resulted in
other States where it has been tried. To expend from five
to seven million dollars in ten years without responsibility
for its disbursement or care in providing it, is certainly an
agreeable duty, and it is possible that a change may meet
with opposition. But I entreat the legislature not to allow
this important subject to pass upon the ground that it is a
mere transfer of taxes. It is no transfer. It is the annihi-
lation of the excess and extravagance of county expenditures,
and if administered for three years would not only remove
the State tax, and equalize expenditures and receipts, but
would create a surplus sufficient to pay the annual expendi-
tures of every New England State, except Massachusetts.

Two remedies are suggested for these difficulties : one is,
that to county officers as now appointed should be added a

496 GOVERNOR'S ADDRESS.

county auditor for the examination and approval of all
county expenditures ; the other to establish a board of super-
visors, consisting of one member from each town in a county,
which, in addition to the duty of auditing accounts, should
have limited discretionary power in directing county affairs,
such for instance as relate to the division of towns, which
would relieve the legislature of very difficult and laborious
duties.

I feel it to l)e my duty, in conflict with a previously formed
purpose, to call attention of the legislature to the subject of
the term fixed by the constitution as the official tenure of
justices of the peace ; — and I do this, disclaiming any desire
to restrict the present tenure of judicial officers, with which,
I cannot doubt, the Commonwealth is entirely satisfied. It is
impossible, from established custom, to restrict appointments
of justices to any reasonable number, on account of certain
ministerial duties connected therewith, which make the office
necessary in ordinary business transactions. A separation
of ministerial and criminal powers by legislative act must in
the nature of things be temporary, and does not remedy the
difficulty. It has been held by successive legislatures, and
properly, I think, that a judicial officer should not be removed
for official misconduct, except by impeachment ; and it has
also been decided, and has come to be the rule, that the
cumbrous and expensive process of impeachment shall not
be applied to justices of the peace : thus a single justice, out
of the thousand or more that by a kind of necessity are
annually appointed — except in the brief intervals when such
laws as the present trial justice act are in force — has greater
power to disturb the peace of communities, taking his prerog-
ative and opportunities together, than the supreme judicial
court, and is for the term of seven years absolutely irrespon-
sible except to public opinion. I reluctantly advise upon
this subject, but reflection compels me to suggest that the
ministerial and criminal powers be separated and their
official tenure be limited to two years.

There are other subjects of more general character to
which the principle of retrenchment may be applied, not
only with economy but for the advantage of the public ser-
vice. In ten years past, more than 12,000 commissions
have been issued to justices of the peace and other officers.
The number increases from year to year, and it is difficult
to limit the issue. I recommend that a tax of three or five
dollars be assessed upon the issue of every commission from
the office of the secretary of State. It is believed that the
use of parchment in enrolling bills, has been abandoned in

GOVERNOR'S ADDRESS. 497

England, and that it may be discontimied here without
injury. We manufacture paper sufficiently enduring for
this purpose, and our printed laws furnish also a security
against alteration not attainable by the use of parchments.

Many thousand dollars are paid in salaries to public
officers for indexing deeds in the public registry. Indexing
deeds is a part of registration, for the benefit, exclusively, of
dealers in real estate, and should be charged to the cost of
registration.

Enlarged power of courts to admit amendments of form, I
am informed, will secure important reduction in criminal
costs. I have official authority for suggesting that a change
as to time of payment of costs in insolvency courts would
remove an existing difficulty in the statute of last year.
The relation of the city of Boston to the Commonwealth, in
regard to the costs and salaries of the superior court, may
require consideration. It may be expedient to inquire also,
whether the principle of fixed salaries can not be extended
so as to cover the services of the legislature and of the execu-
tive council, for the entire year, and to other officers in public
service.

During the past year I made official communication to the
then living representative of the late governor Hancock,
with a view to provide for a future purchase by the legisla-
ture, of the Hancock House, and its transfer upon the
decease of the proprietor, to the Commonwealth. His great
age, and increasing infirmities, made it impracticable to enter
upon any negotiation for this purpose. His death has been
recently announced to the public ; and I suggest that the
legislature consider what measures may be now expedient,
as it regards a possible transfer, at some future time, of this
estate to the Commonwealth. I know no subject that could
better occupy the attention of the legislature on the birth-day
of Washington.

The dignity and the duties of the chief executive magis-
trate alike require that he should reside at the capital.
Men who have official intercourse with him have a right to
demand it, and if executive service call him to any part of
the State, the capital is the only central point of divergence.
My own experience leads me to the conclusion that for the
efficient discharge of any class of duties his residence here
will soon be indispensable.

This estate is the last that retains the revolutionary tone
and character. It was originally a part of that upon which
the capitol buildings now stand. It is hallowed by associa-
tions comjeoted with the memory, and the frequent presence

498 GOVERNOR'S ADDRESS.

of Washington, Franklin, Lafayette, and other patriots. Its
ilhistrioiis occupant, the president of the Congress of Inde-
pendence— whose bold signature to the Declaration interprets
better than eulogy or history, the spirit and character of
those who pledged their lives, their fortunes, and their sacred
honor in defence of its principles, — that illustrious patriot,
himself the first governor of the Commonwealth under the
present Constitution, cherished through life the expectation
that it would ultimately become the executive mansion
of the Commonwealth ; and if there be any conscious connec-
tion of separated existences, his spirit will mourn, as the
people will mourn when it shall disappear from the sight of
men.

Returns have been obtained from every town in the State,
exhibiting the relative valuation of estates for 1857 and 1858,
the taxes assessed in each town in the same year, the poll
tax paid in each, and the debts of each town and city.
The debts amount to $13,347,000. These tables exhibit a
reduction in the valuation of 1858, compared with that of
1857, of thirteen million seven hundred thousand dollars ;
but an increase, as compared with the valuation of 1850, of
two hundred and sixteen million dollars. The reduction of
town taxes in 1858, as compared with 1857, amounts to
seven hundred and thirty-nine thousand dollars ; and this
sum added to the reduction of taxes, effected by the legisla-
ture of 1858, makes a reduction in one year, in State, county
and town taxes, of one million three hundred and thirty-
nine thousand dollars.

Were the sessions of the legislature a matter of con-
venience to its members merely, it would be improper to
refer to the subject. But it is not so. Sessions of great
length add largely to immaterial and vexatious legislation,
and increase greatly public expenditures. They affect also
the character of legislators. When the legislature is in
session half the year, citizens actively engaged in business
of any character, must avoid its service ; but reduced to
terms of fifty or sixty days, the first men of every profession
could sit without inconvenience. This infusion of active
and able men, would re-establish the ancient reputation of
the State for its statute literature, — the highest class of
literature, for though it move the fancy or excite passion
less, it is that which protects the possessions, liberties and
lives of men. Every age produces great men for great
emergencies, but it is a happy land and a fortunate people
that find able men to discharge the humbler duties pertaining
to government.

GOVERNOR'S ADDRESS. 499

To have reduced the sessions of the legislature from one
hundred and fifty days, to sixty :

To have removed a State tax of nearly $900,000 in two
years :

To have contributed indirectly but forcibly, by precept
and example, to the reduction of town taxes to the amount
of $739,000 ; and to have enlarged salaries, and rendered
more efiicient every department of the government at the
same time, will be an honor not often won by legislators.
But honorable as the service will be if accomplislied, and
however much it may be appreciated, it is nothing in com-
parison with the fact that by systematic reorganization of
every department you will have made it impossible ever
to repeat the excessive appropriations, expenditures and
taxation, from which the State will have escaped.

Senators and Representatives :

I close the political year in which I have been connected
with the executive department, with a higher veneration for
the Commonwealth, than I had known before. And though
not without appreciating my obligations to my fellow-citizens
for many favors, that wliich brought me into position for the
first time fully to comprehend the true character of the
State, stands first in my estimation.

No man knows Massachusetts who has not followed out
one by one the delicate threads that connect her wealth and
power with the humblest of her oppressed and unfortunate
children. I have learned, also, upon higher than individual
or partisan authority, to respect all her past administrations,
and to know that it is the duty of every good citizen, into
whatever hands her interests may fall, to wish well to the
administration of her affairs.

[A.] STATEMENT

OF TAXES AND VALUATION OF THE SEVERAL CITIES
AND TOWNS IN MASSACHUSETTS FOR 1857 AND 1858,
WITH THE POLL TAX AND DEBT FOR 1858 AND THE
POPULATION IN 1855.

43

502

GOVERNOR'S ADDRESS.

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509

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511

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Pembroke, . .
Plymouth, . .
Plympton, . .
Rochester, . .
Scituate, . . .
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Wareham, . .
West Bridgewater

514

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516

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GOVERNOR'S ADDRESS. 519

EXPLANATORY NOTE — [A.]

The information contained in the foregoing document was furnished on
request by the clerks of the various cities and towns to whom circulars
were addressed inclosing stamped envelopes in which to make their
returns. The first circular was sent from the secretary's office November
29th, and c[uite a large number of towns responded to it immediately.
But some eighty-five towns not having made any return on the 15th of
December, a second circular was forwarded to them, and on the 28th still
a third circular was addressed to the remaining delinquent towns, some of
which, as will be perceived by the tables, have made no return.

The returns have In many instances been somewhat approximate, and
the tables must be so considered, on account of the manner in which the
basis for a valuation has been given.

For instance, in some towns the returns have given a reduced valuation,
being six per cent, of the real valuation, and in other cases one-half or
one-third of the actual valuation has been given, according to a custom of
some of the smaller towns, which the law of 1853, chap. 319, should have
rendered obsolete. In all these cases the valuation has been computed
upon the basis given, and augmented so as to represent the actual valua-
tion.

So also in regard to assessments, many towns have returned so much for
" town grant," so much for State and County tax, and another amount to
be paid in labor for highways. In all cases the aggregate of these different
items has been given in the tables.

The following towns have returned the sums set against their names as
collected under chap. 139, of the Acts of the year 1858, known as the
dog tax, and are not included elsewhere. Holyoke, $180 ; Quincy, $531 ;
Southampton, $70 ; Sterling, $134 ; West Bridgewater, $132.

Attached to this may be seen the circular and blank form furnished for
the returns.

COMMONWEALTH OF MASSACHUSETTS.

Council Chamber, Boston, November 20, 1858.

Gentlemen : — I desire to obtain, for the use of the legislature, a state-
ment of the amount of taxes assessed annually upon the people of the
Commonwealth. There is no information in the possession of the govern-
ment upon which a correct estimate may be based. I shall receive it as a
favor if you will furnish me as soon as practicable with a statement of the
taxes assessed in the town in which you reside tor each of the years 1857
and 1858. It should include State, County and Town taxes for all pur-
poses, whether paid in money or in labor. I shall also be greatly obliged
to you for a statement of the Assessors' valuation of real and personal
property for the same years, 1857 and 1858, and also for the amount of
the Poll Tax assessed on each person for 1858, and the aggregate town
debt.

A blank form is appended to this sheet.

I am, very respectfully, yours, &c., &c.,

NATH'L P. BANKS.
To the Selectmen and Town Clerk.

520 GOVERNOR'S ADDRESS.

RETURN.

A Statement of the amount of Taxes assessed upon the Town of
for the years 1857 and 1858 :—

1857, I

1858, ^

1858, Amount of Poll Tax assessed on each person, f

1858, Aggregate town debt, -f

A statement of the Assessors' valuation of Real and Personal Property
for the years 1857 and 1858 : —

1857, $

1858, . .__ $

Signed,

Toion Clerk for the Town of

[The Keturn may be signed by Selectmen or Town Clerk.]

GOVERNOR'S ADDRESS. 521

[B.]

commonwealth of massachusetts.

Agricultural Department, State House, \_
Boston, January 1, 1859. )

To His Excellency N. P. Banks :

Sir, — I have made, at your request, a careful estimate of the
agricultural j^roducts of the Commonwealth for the year 1858, and
tind the aggregate amount to be not less than thirty-two millions of
dollars ($32,000,000), including the cultivated crops, estimated at
the present quoted market prices, and the value of pasturage which
was not included in the official returns of 1855.

This estimate is based in part upon the official returns referred to,
in part upon extensive inquiries of men conversant with the subject
in various sections of the State, and in part upon my own observa-
tions.

The year has been one of marked prosperity, few if any of the
cultivated crops falling below an average, while most of the staple
products of the State, like Indian corn, potatoes, grass and hay, have
been more than usually abundant. Of the first, Indian corn, the
aggregate yield was about 3,643,440 bushels, the value of which
cannot be less than thi-ee millions ($3,000,000.)

The yield of potatoes was unusually good in most parts of the
Commonwealth, and, in some sections it has not been sui'passed for
many years. The aggregate yield cannot be less than six millions
of bushels, and the value including the early and late prices, not
less than three millions ($3,000,000.)

The grass and hay crop is estimated to have been at least ten per
cent, above the yield of average years and the aggregate value at
not less than ten millions ($10,000,000.)

The value of live farm stock in the State, not included in the
above, is estimated to be over seventeen millions ($17,000,000.)

Very respectfully,

Your obedient servant,

CHARLES L. FLINT,

Secretary of the State Board of Agriculture.

522

GOVERNOR'S ADDRESS.

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[C] STATEMENT

OF COUNTY TAXES, COUNTY DEBTS, THEIR ANNUAL
INCREASE, AND THE ANNUAL INTEREST PAID; TO-
GETHER WITH THE COSTS OF CREVHNAL PROSECU-
TIONS IN THE SEVERAL COUNTIES OF MASSACHU-
SETTS, FOR THE TEN YEARS ENDING DEC. 31, 1858.

524

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526

GOVERNOR'S ADDRESS.

[C] TABLE,

Showing the Totals of County Taxes for Ten Years, 1849-58 ; also
the Excess of Cotmty Tax in 1858 over that of 1849.

T 0 T A L S ,

EXCESS OF TAX

C O U N T 1 E S .

Ten Years, 1849-58.

In 1858 over that of 1849

Barnstable, .....

$79,705 00 $3,500 00

Berkshire,

188,000 00 1 7,000 00

Bristol,

360,000 00 i 25,000 00

Dukes,

•25,700 00 700 00

Essex, .

665,040 00 47,400 00

Franklin,

129,000 00 , 5,000 00

Hampden,

270,000 00 11,000 00

Hampshire,

157,000 00 \ 10,000^00

Middlesex,

831,514 25

24,357 50

Nantucket, .

7,325 00

-

Norfolk,

435,000 00

19,000 00

Plymouth, .

192,000 00

13,000 00

Suffolk,

None. None.

Worcester, .

595,000 00 50,000 00

1

Aggregates, .

13,935,284 25

1215,957 50

[C] STATE TAX.*

YEAK.

Amount.

18.53,

1300,000 00

1854, .

300,000 00

1855,.

449,986 50

1856, .

599,982 00

1857, .

899,973 00

1858, .

359,988 00

12,909,929 00

* None after 1832, until 1845, [$150,000.]

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t-

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o

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vi

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-*

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1— t

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QID

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i-H

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iz

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c
pq

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ft

Franklin, .
Hampden,

i

><

V.

i

12;

To
o

o
PM

X

3

GOVERNOR'S ADDRESS.

531

[C] Statement of Payments from the Treasury to County Treas-
urers in reimhursements of tioo-thirds of the Costs of Criminal
Prosecutions for Ten Tears, to 1859.

YEARS.

Two-thirds Costs
reimbursed.

One-tliird Costs
paid by Counties.

Totals.

1849,

1850,

1851,

1852, .......

1853,

1854,

1855,

1856,

1857,

1858,*

S63,358 60

69,947 05

53,199 44

86,268 90

99,094 57

110,885 29

182,235 50

13.5,134 45

128,280 27

286,075 16

1

$31,679 30
34,973 52
26,599 72
43,134 45
49,547 28
55,442 65
91,117 75
67,567 23
64,140 13

143,037 58

$95,037 90
104,920 57
79,799 16
129,403 35
148,641 85
166,327 94
273,343 25
202,701 68
192,420 40
429,112 74

Totals, ....

Five years, 1849-53, .
Five years, 1854-58, .
Ten years, 1849-59, .
Increase in last five y'rs,

^1,214,479 23

$371,868 56
842,610 67

1,214,479 23
470,742 11

$607,239 61

$185,934 27
421,305 34
607,239 61
235,371 07

$1,821,718 84

$557,802 83

1,263,916 01

1,821,718 84

706,113 18

* $205,853.21 paid tliis year was for previous years.

532

GOVERNOR'S ADDRESS.

[C] Statement of the Expenditures made on County Account, and
the Income from the same since May 1, 184G, for the County
of Suffolk.

N. B. — The financial year commences May 1, and ends with the 30th April.

YEARS.

Gross Expendi-
tures.

Income.

Net Expenses.

Salaries included

in
Gross Expenses.

1846-7, . .

$71,765 28

$31,988

13

$39,777 15

$7,000 00 §

1847-8, . .

76,320 21

31,747

70

44,572 51

7,100 00§

1848-9, . .

95,836 94

37,761

60

58,075 34

7,552 44 §

1849-50, . .

100,359 49

54,551 44

45,808 05

7,800 00 §

1850-51, . .

104,975 81

54,546

05

50,429 76 7,800 00 §

1851-2, . .

109,032 59

45,156

39

63,876 20 8,169 17 §

1852-3, . .

115,345 04

49,334

93

66,010 11 8,307 32§

1853-4, . .

143,815 00

47,398

11

96,416 89

9,700 00 §

1854-5, . .

170,291 60

101,948

26

68,343 34

10,366 66 §

1855-6, . .

198,004 83

132,233

42

65,771 41

10,567 74 §

1856-7, . .

191,422 26

47,045

86t

144,376 40

27,583 56 II

1857-8,*, .

207,359 41

192,508

96

14,850 45

27,120 48 II

$1,584,528 46

$826,220

85

$758,307 61 $139,067 37

8 mos. 1858,

105,000 00$

30,000

oot

75,000 OOt

14,271 15

» To May 1.

t $75,674.45 due this year, but not paid till 1857-8.

% Estimates only to December 31.

^ Judges and Clerks in Police Court.

II Judges and Clerks in Police and Superior Courts, and Clerk of Supreme Judicial Court.

GOVERNOR'S ADDRESS.

533

[C] County Taxes, Debts, and Criminal Costs, for Ten Tears,

1849-58.

5 years, 1849-53,

5 years, 1853-58,

10 years, 1849-58,

Aggregate of County Taxes, .
Aggregate of County Debts incurred
Two-thirds Criminal Costs,

Total, ....

Aggregate of County Taxes, .
Aggregate of County Debts incurred
Two-thirds Criminal Costs,

Total

Aggregate of County Taxes, .
Aggregate of County Debts incurred
Two-thirds Criminal Costs,

Total, ....

12,346,270 02

Total Expenditures for 10 years, of Counties except
Suffolk,

Add Expenditures of Suffolk County, for 10 years, .

Total County Expenditures for the whole State,

L,476,527 25
497,874 21
371,868 56

12,229,832 00
338,684 78
842,610 67

},41 1,127 45

^3,706,359 25

836,558 99

1,214,479 23

5,757,397 47

^5,757,397 47
1,436,442 97

r,193,840 44

EXPLANATORY NOT E— [C]

The preceding tables, containing statements of certain County Expen-
ditures and County Liabilities incurred during the last ten years, 1848 to
1858, have been prepared from returns furnished by the respective county
treasurers to the secretary's office, in compliance with a request from that
department. The Costs of Criminal Prosecutions, and the Expenses of
the County of Suffolk, were derived in like manner, from official statements
furnished for the purpose by the proper authorities.

The following extracts from the letters of the County Treasurers are
explanatory of some deficiencies in their returns ; a statement of the par-
ticular objects for which the County Debts were incurred, is also appended.

47

534 GOVERNOR'S ADDRESS.

REMARKS, ACCOMPANYING RETURNS.

Barnstable County. — " Having only acted as Treasurer the last two
years, and my predecessor not having handed over to me any of the records
of his previous receipts and expenditures, I cannot forward them to your
office."

Bristol County. — " The amount of debt at the close of 1852, 1 cannot
accurately ascertain. From an examination of the books I am satisfied
that the debt Avas not increased during the year 1853. I think, therefore,
that you will be safe in calling the debt of 1852, the same as you find it
December 31, 1853."

Middlesex County. — " I do not find any report or account on file
that will give the information you desire for the years 1848, '49."

COUNTY DEBTS.

Berkshire County. — " The debt of the Countv was con-
tracted for making Roads, &c., ....".. |20,430 00
For addition and repairs to Court House and County
buildings, 7,200 00

127,630 00

Essex County. — " Debts contracted some years since for the erection
of the House of Correction in Ipswich, the Court House, Salem, the Jail
and House of Correction, Lawrence, and in remodeling the Court House,
Newburyport ; and in some degree to meet the annual expenses of the
County, the taxes granted therefor not having been equal to the expen-
ditures."

Franklin County.— The County debt in 1857, was 135,258.40, and
the cost of new Jail, House of Correction, &c., f 32,168.47.

Hampden County. — " The indebtedness is on account of the construc-
tion of the House of Correction, and enlargement of the Court House."

Hampshire County. — "In 1851 originated a standing debt, contracted
in building a new Jail and House of Correction."

Middlesex County.— Of the debt in 1857, .|129,200 was on account
of the Jail in Lowell, $15,000 for Court House, Concord, $50,000 for Court
House at Lowell, $84,000 for Court House at Cambridge ; the whole
amounting to $278,200.

Norfolk County. — County debt " contracted chiefly in the erection
of new Jails and Houses of Correction."

Worcester County. — Debt incurred "for construction of new Court
House, $32,500," " for enlargement of House of Correction and repairs of
Court House, $30,800." " Construction of Jail and House of Correction
at Fitchburg, $24,500." " To supply the deficiency in the tax to meet the
current expenses of the County, and towards the payment of principal and
interest of the County debt, $60,434."

[D.] STATISTICS

OF JAILS AND HOUSES OF CORRECTION, AND COST OF
SUPPORTING CRIMINALS, IN THE SEVERAL COUNTIES,
FOR TEN YEARS, 1848-57; ALSO THE COST AND AN-
NUAL EXPENDITURES OF THE STATE ALMSHOUSES
AND STATE LUNATIC HOSPITALS.

536

GOVERNOR'S ADDRESS.

[D.j Certain Statistics concerning the Jails and Houses of Correc-
tion in the Commonwealth.

COUJfTY.

Year.

Whole number of
Prisoners.

a

s
!zi

1

<a

>
<

S ^
" s

<» a.

Total amount of :, , ,, ,

Value of labor.
Expenses.

r

Barnstable ■<

1848*
1849,
1850,
1851,
1852,
1853,
1854,
1855,
1856,
1857,

19

23
40
26
26
31
46
44
45

2
3

5
4
5

7
8
t
8

$2 00
2 00
2 00
2 00
2 00
2 06
2 12
2 31
2 80

$385 00

353 10

746 45

575 22

218 54t

1,203 00

1,421 69

1,512 22

1,275 10

-

Totals, . .

300

42

$2 14

$7,690 82

§

Berkshire, .<

1

1848,
1849,
1850,
1851,
1852,
1853,
1854,
1855,
1856,
1857,

117
172
141
159
205
198
189
217
213
177

17
26
25
29
44
34
35
35
47
41

$2 00
1 87
1 75
1 75
1 75
1 75

1 87

2 06
2 00
2 00

$2,535 68
3,316 00
2,707 50
3,187 00
3,903 00
4,350 00
4,460 00
4.675 00
6,221 00
4,248 00

$718 00
395 64
409 00

1,086 00
775 00

1,300 00

2,000 00
3,000 00

Totals, .

1,788

333

$1 88

$39,603 18

$9,683 64

Bristol, . .^

1848,
1849,
1850,
1851,
1852,
1853,
1854,
1855,
1856,
1857,

793
763

714
770
580
728
756
948
934
1,292

85

83

89

96

79

80

92

123

138

169

$1 72
1 75
1 75
1 75
1 75
1 75
1 83
1 91
1 93
1 83

$10,456 50 $800 00
11,450 00 700 00
11,050 00 750 00
11,469 00 800 00
10,5.50 00 700 00
10,254 00 700 00
21,158 00 1.000 00
15,848 18 900 00
17,017 30 1 1,000 00
18,580 69 1 1,898 17

Totals, .

8,278

1,034

$1 80 $137,833 67 $9,248 17

* No return. t Jail only. % Returns unintelligible.

S There seems to have been no labor performed by the prisoners of Barnstable County.

GOVERNOR'S ADDRESS.

537

Statistics — Continued.

COUNTY.

Years.

Whole number of
Prisoners.

a

s

1

Total amount of
Expenses.

Value of labor.

f

1848,

4

U 75

$127 90

_

1849,

1

-

-

33 61

-

1850,

6

-

1 75

37 90

-

1851,

10

-

1 75

31 57

-

Dukes, . .-

1852*
1853,

7

—

1 75

59 75

:

1854,

2

-

1 75

20 00

-

1855,

3

-

1 75

44 50

-

1856,

3

-

1 75

43 66

-

-

1857,

1

-

1 75

90 93

-

Totals, . .

37

U 75

$489 82

-

r

1848,

439

50

11 70

$2,054 83

$1,400 00

1849,

839

82

1 60

2,785 00

2,000 00

1850,

1,094

111

1 70

3,160 22

3,000 00

1851,

1,325

121

2 00

4,410 76

3,000 00

Essex, . .<
1

1852,
1853,

1,497
1,556

102
129

1 43

1 75

1,220 67 1
862 57 t

3,500 00
3,800 00

1854,

1,964

139

2 00

1,500 37 1

4,000 00

1855,

1,763

160

1 82

5,715 91

3,500 00

1856,

1,857

183

1 83

5,505 81

5,000 00

k

1857,

1,712

205

1 65

32,176 07

7,706 68

Totals, . .

•

14,046

1,282

U 75

$59,392 21J

$36,906 68

1848,

71

$2 00

$933 85

_

1849,

66

5

2 00

676 12

-

1850,

55

6

2 12

891 16

-

1851,

60

5

2 12

700 00

$20 00

1
Franklin, . ^

1852,
1853,

54
56

5

7

2 00
1 75

700 00
700 00

:

1854,

55

6

1 75

825 00

100 00

1855,

45

6

1 75

802 00

-

1856,

50

9

1 75

§

-

I

1857,

54

10

2 00

1,648 63

301 04

Totals, . .

•

566

59

U 92

$7,876 76

$421 04

* No prisoners.

t No report of expenses, except from the Jail at Newburyport.

+ With the exception of 1857, there has been no return of the expenses of either the Jail or
the House of Correction at Ipswich for the ten years.
§ No return.

538

GOVERNOR'S ADDRESS.

Statistics — Continued.

imber of
3rs.

u
,Q
S

3

a

1 I

Total amount of

COUNTIES.

Year.

c c

o;

a P<

Value of labor.

o 'C

a
u

II

Expenses.

^"

1

1^

r

1848,

145

40

$1 75

^4,148 40

11,187 00

1849,

360

54

1 75

5,609 33

1,388 33

1850,

465

56

1 75

5,921 16

818 90

1851,

338

76

1 75

6,402 00

1,396 84

Hampden, .<

1852,

347

56

1 75

7,656 57

942 00

1853,

365

51

1 75

5,287 50

720 93

1854,

479

70

1 75

6,736 46

1,433 73

1855,

560

74

1 75

6,149 14

1,814 19

1856,

515

75

1 75

7,964 29

1,561 43

-

1857,

490

77

2 00

10,366 51

1,242 21

Totals, . .

4,064

629

U 77

$66,241 36

$12,505 56

r

1848*

1849,

92

13

U 75

$882 85

$97 22

1850,

150

13

1 75

1,889 40

380 23

1851,

118

5

1 75

1,044 98

169 40

T^ AM PSTI FRF ^

1852,

115

15

1 75

1,519 13

15 00

S.XJ\. i*X jy O XI xXXrjm "\

1853,

211

18

1 75

2,595 04

48 00

1854,

187

39

1 75

3,852 53

576 41

1855,

122

23

1 75

4,003 93

749 91

1856,

178

6

1 75

4,331 76

706 42

-

1857,

187

20

2 00

3,517 86

*

Totals, . .

1,360

152

11 78

$23,637 48

$2,742 59

r

1848,

997

131

$1 45

115,377 76

$2,500 00

1849,

1,141

94

1 42

16,782 80

2,800 00

1850,

1,079

143

1 42

17,193 00

4,000 00

1851,

1,164

136

1 38

16,070 00

4,200 00

Middlesex, . ^

1852,

1,065

161

1 42

16,600 00

5,000 00

1853,

1,410

177

1 42

17,700 00

5,000 00

1854,

1,642

194

1 62

16,120 00

6,500 00

1855,

1,625

186

1 69

16,150 00

6,500 00

1856,

1,486

199

1 77

18,600 00

6,800 00

-

1857,

1,656

246

1 87

19,974 00

7,500 00

Totals, . .

13,265

1,667

$1 55

$170,567 56

$50,800 00

■ No return.

GOVERNOR'S ADDRESS.

539

Statistics — Continued.

o

H

o i

a

i s

3

o *-■

Total amount of

COUNTIES.

Year.

S a)

u a
® 2

t

>
<

1^'

Expenses.

Value of labor.

/

1848,

16

11 67

165 00

$45 00

1849,

*16

1

-

205 15

105 70

1850,

21

_

-

4.52 60

139 13

1851,

13

-

-

299 27

82 00

1852,

7

2

_

128 10

36 00

Nantucket, -

1853,

19

_

221 85

40 00

1854,

10

_

1 63

398 44

-

1855,

15

4

_.

186 65

5 00

1856,

11

2

91

200 00

8 00

.

1857,

10

-

2 00

72 19

-

Totals, . .

138

9

11 55

$2,229 25

$460 83

/-

1848,

260

35

%\ 75

P,125 00

$207 00

1849,

274

40

1 33

3,350 00

190 00

1850,

284

54

1 66

4,700 00

110 00

1851,

345

43

t

t

20 00

1852,

380

56

1 75

3,800 00

t

Norfolk, . <

1853,

395

57

1 75

t

t

1854,

532

78

1 75

t

t

1855,

529

77

1 75

t

t

1856,

496

97

1 75

t

t

.

1857,

506

105

1 75

10,946 69

1,192 38

Totals,. .

4,001

642

11 69

$25,921 69

$1,719 38

1848,

44

SI 50

$267 15

_

1849,

66

-

1 50

1,014 12

-

1850,

61

-

1 50

1,110 25

-

1851,

71

—

1 50

1,199 06

-

Plymouth,. ^

1852,
1853,

67
107

9

18

1 62

1 75

X
X

X

X

1854,

§

-

-

-

-

1855,

121

25

2 00

t

$1,600 00

1856,

85

24

2 00

t

t

1857,

184

52

2 00

6,195 96

2,247 00

Totals, . .

806

128

11 71

$9,786 54

$3,847 00

* No return from the Jail.

t No return.

t Amount of expenses and value of labor not returned.

§ No return from either Jail or House of Correction.

540

GOVERNOR'S ADDRESS.

Statistics — Continued.

berof

1

1 ^

s £

" a)

Total amount of

COUNTIES.

Year.

Whole ni
Prlsonc

1

Expenses.

Value of labor.

1848,

4,819

356

m 33

$31,254 89*

$650 00

1849,

5,698

424

1 97

43,505 54

7,488 10

1850,

6,091

442

2 07

46,099 79

9,818 85

1851,

6,673

519

1 93

47,166 81

15,953 00

Suffolk, . ■<

1852,

6,021

525

1 69

53,499 24

16,857 00

1853,

8,317

595

1 71

62,583 06

19,883 00

1854,

9,681

715

1 82

79,098 00

28,646 75

1855,

10,79.6

954

1 93

57,413 66*

24,083 35

1856,

7,628

672

1 98

49,951 20*

22,867 43

1857,

5,852

673

2 11

78,507 51

26,019 23

Totals,. .

71,576

5,875

U 95

1549,079 70

$172,266 71

1848.

424

43

$1 40

$6,771 68

$2,218 55

1849,

472

-

1 40

5,938 07

2,175 16

1850,

477

49

1 40

6,604 25

2,900 00

1851,

542

53

1 40

7,155 09

2,700 00

Worcester, ■<

1852,

511

55

1 40

7,200 00

2,500 00

1853,

531

65

1 40

6,983 63

3,167 84

1854,

732

82

1 40

12,945 00

5,200 00

1855,

667

82

1 54

12,558 01

3,934 18

1856,

855

109

1 54

13,300 00

5,625 00

1857,

907

126

1 54

18,422 60

5,379 00

Totals,. .

6,118

664

11 44

$97,878 33

$35,799 73

* House of Correction only.

GOVERNOR'S ADDRESS.

541

[D.] RECAPITULATION— Ten Years' Table.

COUNTIES.

o

s .

u

s

3

to

>
<

1

o

o

0 a
be ^

I- 1h

01 «

> c.

Total amount of
Expenses.

Value of Labor.

Barnstable,
Berkshire,
Bristol, .
Dukes, .
Essex,
Franklin,
Hampden,
Hampshire,
Middlesex,
Nantucket,
Norfolk, .
Plymouth, .
Suffolk, . .
Worcester, .

300

1,788

8,278

37

14,046

566

4,064

1,360

13,265

138

4,001

806

71,576

6,118

42

333

1,034

1,282

59

629

152

1,667

9

642

128

5,875
664

12 141-
1 88
1 79
1 75
1 74
1 92
1 77
1 78
1 54
1 55
1 69
1 71
1 95
1 44

$7,690 32

39,603 18

137,833 67

489 82

59,392 21

7,876 76

66,241 36

23,637 48

170,567 56

2,229 25

25,921 69

9,786 54

549,079 70

97,878 33

19,683 64
9,248 17

36,906 68

421 04

12,505 56

2,742 59

50,800 00

468 03

1,719 38

3,847 00

172,266 71

35,799 73

Totals, .

126,343

12,516

$1 77

11,198,227 87

$336,408 53

Note. — The total amount of expenses is understood to be made up of
the cost of clothing, fuel, board, medicine and medical attendance, instruc-
tion of prisoners, officers' salaries, and all other items of expenditure
whatsoever.

48

542

GOVERNOR'S ADDRESS.

O

M

O
Ph
m

O

o

Q

Increase in last Five Years.

-i — 1—

00(Mt^CDOO^«0'*Oi'-IOO«OiO

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of

00
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p
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of

Barnstable,

Berkshire,

Bristol, .

Dukes, .

Essex, .

Franklin,

Hampden,

Hampshire,

Middlesex,

Nantucket,

Norfolk, .

Plymouth,

Suffolk, .

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a fi

!25 12; Z

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fl .S .3

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*? iz; 125

GOVERNOR'S ADDRESS.

543

[D.] Aggregate Cost of State Almshouses and Lunatic Hospitals.

Cost of Instilutions.
Bridgewater,

Tewksbuiy, .

Monson,

Rainsford Island, .

Expenses of supporting the
Whole amount, 1851, .

1855, .

1856, .

1857, .

1858, .

Stale Lunatic Hospitals
Cost of building at Worcester,

Taunton,

Northampton, .

Cost of suppurting Patients in sa7ne,

591,722 16
94,637 81
94,560 85
57,433 37

including City of Boston Ho
Whole amount, 1854,

ipilal.

1855, .

1856, .

1857, .

1858, .
Add amount for Salary of Officers,

" " starting Hospitals,

Total

,354 19

$80,900 61
172,558 80
173,573 53
166,056 58
159,902 33

752,991 85

$1,091,346 04

$185,000 00
214,000 00
314,561 82

?713,561 82

^38,913 93
42,662 74
46,099 63
44,731 54
54,950 31
28,007 99
11,785 08

267,151 22

980,713 04
$2,072,059 08

Pl{

GOVERNOR'S ADDRESS.

^

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2,501

12,662

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GOVERNOR'S ADDRESS.

545

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546

GOVERNOR'S ADDRESS.

[F.] STATEMENT

Of the Condition of 11 A: Banks in Massachusetts on the last Saturday
of October, being the SOth, 1858, at 7 o'clock, P. M.

DUE FROM THE BANKS.

1. Capital Stock, .......

2. Amount of bills in circulation of five dollars and

upwards, ........

3. Amount of bills in circulation of a smaller denomi-

nation than five dollars, .....

4. Net profits on hand, ......

5. Balances due to other banks, ....

6. Cash deposited, including all sums whatsoever due

from the banks, not bearing interest, the bills in
circulation, profits and balances due to other
banks excepted, ......

7. Cash deposited bearing interest, ....

8. Total amount due from the banks, ....

RESOURCES OF THE BANKS.

9.

Gold, Silver, and other coined metals in the bank-
ing houses, .......

10. RearEstate,

11. Bills of banks in this and of the other New England

States, ........

12. Balances due from other banks, ....

13. Amount of balances in other banks to be applied to
the redemption of bills, and not bearing interest,*

Amount' of all debts due, including Notes, Bills of
Exchange, and all Stocks, and funded debts of
everj^ description, excepting the balances due
from other banks, ......

15. Total amount of the Resources of the banks, .

14

16. Amount of dividends of 167 banks in April, .

17. Amount of dividends of 164 banks in October,

18. Amount of reserved profits at the time of declaring

the last dividends, ......

19. Amount of debts due to the banks, secured by a

pledge on their stock, .....

20. Amounts of debts due and not paid, and considered

doubtful,

161,819,825 00

16,712,943 50

4,126,494 50
6,031,830 31
7,654,234 85

30,538,153 20
1,537,853 16

5,421,-334 52

11,112,715 72
1,584,884 87

4,933,427 94
6,366,721 41

2,820,524 36

101,602,947 24

128,421,221 54

12,195,325 71
2,134,827 00

5,413,667 13

756,264 85

1,022,631 29

* This refers only to banks out of Boston.

GOVERNOR'S ADDRESS.

547

[F.] Poll Taxes in the different States of the Union.

STATES.

Poll Tax.

Amount of Poll Tax.

Whether assessed
upon Minors.

Maine, ....

Yes.

Not to exceed $1, exclusive of
highway tax.

No.

Rhode Island,

No.

A Registry Tax of $1, applied to
Schools.

New Hampshire,

Yes.

fl 20.

No.

Connecticut, . .

u

Set in list at $10.

u

Vermont, . . .

u

f 2 ; equal to $2 of property.

u

New York, . .

No.

Taxes assessed upon property
alone.

u

New Jersey, . .

Yes.

$0 50.

u

Pennsylvania,

No.

No distinctive poll tax.

Delaware, . . .

Maryland, . . .

No.

Virginia, . . .

Yes.

$0 80.

No.

North Carolina, .

"

10 50.

((

South Carolina, .

No.

Georgia, . . .

Yes.

#0 25.

No.

Kentucky, . .

Ko State
I'oU Tax.

County poll tax, about $1 .40.

"

Tennessee,

Yes.

$0 25.

('

Ohio, . . .

No.

Louisiana, . .

Mississippi,

Yes.

Free white polls, 40c. each.

per cap. tax, 50c.
military schools.

Indiana,

((

fO 50.

No.

Illinois, . .

No.

Alabama, .

Yes.

$0 50 on white males.

No.

Missouri, .

Michigan, .

Florida,

Arkansas, .

Iowa, . .

Yes.

m 50.

No.

Wisconsin,

u

11 00.

t(

Texas, . .

California, .

^Minnesota,

No.

548 GOVERNOR'S ADDRESS.

[G.] — Official Estimates concerning- the amount of Specie
in the United States.

Mint of the United States, Philadelphia, >
December 11, 1858. )

Dear Sir, — As a convenient mode of responding to your letter of
the 8tli inst., I send you inclosed, a copy of a part of a communication
I made to the Secretary of the Treasury on the 7th of October, 1856.
In reference to tlie amount of gold and silver coin in the United
States, the Secretaiy in his Report on the Finances for the year
ending June 30, 1856, (see page 28 of the Report,) says: "the
Director of the Mint estimates the gold and silver remaining in the
country at $200,000,000, on the data stated in his communication
accompanying this Report ; and the Department at $250,000,000,
upon the data, and for the reasons stated in my last Report." But
by some singular mistake the communication to which he refers was
not printed with the Report. I therefore send it to you that you
may see the data upon which I founded the conjecture, that the sum
of $200,000,000 in gold and silver coin was, in 1856, in this country.

Whatever oj^inion may be formed as to the reliability of the data
upon which my estimate is founded, I have every reason to believe
that it is a reasonable one, and furnishes something of a starting point.
Since that time the coinage operations of the Mints and the Assay
Office furnish us with useful data.

The gold that is exported is that which is made into bars. This is
so, not only because they are more convenient for that purjiose than
coin, but for a greater reason, namely, they cost the owners of bullion
less, inasmuch as there is a coinage charge of the half of one per
cent., which does not apply to bars ; hence I infer that the chief part
of the gold which goes abroad is in fine bai's, and that which is
coined, remains in the country. Some portion of the coinage is no
doubt exported ; to meet this, in part, at least, I omit the gold coinage
from July to December, 1856, in the statement which follows.

Besides the gold coinage, we have remaining in the country all the
silver coins struck since my estimate was made.

"We may then make the statement as follows : —
Gold coinage, January to June, 1857, . . $15,811,000 00

" " June, 1857, to June, 1858, . . 30,253,000 00
Silver " June to December, 1856, . .. 1,335,000 00

" " Januaryto June, 1857, . . 1,477,000 00

June, 1857, to June, 1858, . . 9,517,000 00

Estimate made in October, 1856, . . . 200,000,000 00

Estimated amount of gold and silver in the United

States July 1, 1858, $258,393,000 00

GOVERNOR'S ADDRESS. 549

It gives me pleasure to respond to your request, especially as I
learn from your letter, that your " object is to contribute as far as
you can to the substitution of a solid currency for that of paper, as a
common medium of exchange."

I have the honor to be, with great respect.

Your obedient servant,

JAMES ROSS SNOWDEN,

Director- of the Mint.
His Excellency Nath'l P. Banks,

Governor of Massachusetts.

Extract from a letter of Hon. James Ross Snovtden, Director of

the Mint, to the Secretary of the Treasury, dated Philadelphia,

October 7, 1856.

" I now notice that part of the resolution of the House which is in
the following words : — ' with such suggestions to prevent and restrain
the export of gold and silver, as may be deemed relevant to the estab-
lishment of a sound currency, and to retire the small denominations
of bank notes as fast as gold and silver can be obtained and sub-
stituted.'

The evils of a small note circulation are too apparent to need
argument or elucidation. With a sound currency, so far as relates to
national affairs — thanks to the Independent Treasury law — we have
the most divei'sified circulation of any country. By virtue of State
laws, nearly fourteen hundred banks are authorized to issue paper
notes ; many of them of the low denomination of one dollar. With
a circulation of near two hundred millions of notes, it may readily be
seen why the constitutional provisions in regard to coin and money
have, in a great measure, failed to give the people a sound and whole-
some circulation. And this too notwithstanding the mints have
issued five hundred millions of dollars in coin. But the difficulty
consists in controlling the State legislation on this subject. How far
Congress possesses the power to remedy the evil I am not prepared to
say ; the only remedy which has ever been mentioned so far as I have
noticed, is one suggested by Mr. Gallatin, who, in view of the taxa-
tion power vested in Congress, proposed to lay a tax on small notes.
Whoever can suggest and carry into eflfect a proper constitutional
remedy, will be entitled to the lasting gratitude of his country. No
apprehension need be entertained as to supplying the place of the
notes when they are withdrawn. The moment they are withdrawn
gold and silver will take their place, and without the slightest injuri-
ous effect upon the commercial and industrial pursuits of the country.
Large amounts of coin, now lying idle and withheld from circulation
on account of small notes, would immediately in a great measure,
supply the vacancy. Besides, the mints can furnish in abundant
issues any additional amount that may be required.

It might be well to consider, on the subject of the exportation of
gold, how far the discrimination against the coinage of bullion and in
49

550 GOVERNOR'S ADDRESS.

favor of fine bars, operates to favor the exportation. By the existing
laws, a charge of the half of one per cent, is made for coinage, but
there is no such charge for manufacturing fine bars. Hence there is
an inducement to the owners of bullion to have their returns in fine
bars rather than in coin. These bars are only used for exportation,
and thus the government offers greater inducement for the manufac-
ture of gold for exportation than for coinage. As gold will go
wherever it is demanded, and no legislation can, or ought to interfere
with its exportation, any more than it would interpose obstacles to
the exportation of corn or cotton or any other production of the soil,
or subsoil. Yet it would seem to be the interest of the country to
avoid this discrimination in favor of bars ; and to require the same
charges upon bullion put in that form for exportation, as when man-
ufactured into coin for home circulation.

I have, as requested, examined the estimates you presented in your
last Annual Report on the finances, and in your last Bank Report, as
to the amount of gold and silver remaining in the country. Our
efforts to arrive at any conclusions on this point are at best but mere
conjectures. I have hoAvever fully considered the point in question,
and by two diff'erent modes have arrived at the conjecture that the
amount may be stated at $200,000,000. As a curious coincidence as
to results, and to exhibit the bases of my calculations, I will venture
to present them to you somewhat in detail.

I. An estimate of the amount of coin in the United States based
upon the number of inhabitants.

Population of the United States, say — . . . 25,000,000
Taxables, say— 5,000,000

Of these about four-fifths are workmen, or others receiving from
$300 to $500 per annum, and may be supposed to hold on an
average $5 at a time : 4 millions at $5, . . $20,000,000 00
The remaining one-fifth may be supposed to hold,

on an average, say $100, .... 100,000,000 00

The banks hold, 54,000,000 00

Other institutions than banks, (one-third as much,) 18,000,000 00
Bankers have a capital of $118,000,000, and may
be supposed to hold 10 per cent, of their capital
at a time, say— 12,000,000 00

$204,000,000 00

II. An estimate of gold and silver coin in the United States based
upon statistics of coinage.

It may at least be interesting to look at this subject from another
point of view than that presented in the former estimate.

We know what the mint and its branches have coined ; we know
what kind of coins have been subject to exportation, and what likely
to remain in the country ; and we know the general character of our
specie currency.

1. We have undoubtedly the whole silver coinage executed under
the law of 1853.

GOVERNOR'S ADDRESS. 551

2. There is still a quantity of the previous silver issue, which from
the rate at which it now finds its way in small deposits to the mint,
can hardly exceed S2,000,000.

3. The old Spanish and Mexican fractional silver coins cannot be
less than $3,000,000.

4. The entire coinage of gold dollars ; a coin not liable to exporta-
tion, and not much exposed to remelting by goldsmiths.

5. The entire coinage of quarter eagles, since the first change of
standard, in 1833, inclusive.

6. The entire coinage of half eagles, since the commencement of the
coinage of eagles, in 1838. Some of these have no doubt gone out of
the country, but those that remain, of prior date, may be a fair set-off.

7. All the thi-ee-dollar pieces.

8. The entire coinage of eagles, since the double eagle began to be
largely coined in 1850. The same remark for counterbalance of
errors, may be repeated here as under the sixth item.

9. The entire coinage of double eagles, since the year 1853, when
commercial bars began to be largely issued. This item also is subject
to the same qualification as just referred to.

As to the quantity of sovereigns, Mexican dollars, and five-franc
pieces, floating through the country and generally finding their way to
the mint, it is not large, and may hardly be an offset to what has been
consumed out of the above items, for gold and silver manufactures.

Nothing more can fairly be added to this catalogue ; if there is an
error it must be in overestimate. We know that the whole United
States coinage of gold, prior to 1833, and the whole silver coinage
prior to 1853, (save perhaps $2,000,000, as ah-eady allowed,) have
been recoined here or elsewhere, or disappeared from the country.
We know that the exportation of gold has always kept close upon us,
at least so far as first to demand our larger coins, and then our com-
mercial bars. These considerations kept in view, we have some
reasonable data for making an estimate from the printed tables of
coinage.

It should be added in regard to the first half of the present year,
(1856,) that the gold coinage of San Francisco is not included, as it
mainly took the place of commercial bars to that extent, and was no
doubt used for exportation.

Statement in round numbers, agreeably to the annexed data, to the
end of 1855.

1. Silver coinage under act of 1853, . . . $20,800,000 00

2. Former issue of silver remaining, . . . 2,000,000 00

3. Old Spanish and Mexican fractions, . . 3,000,000 00

4. Gold dollars, 14,150,000 00

5. Quarter eagles, since 1833, .... 19,900,000 00

6. Half eagles, since 1838, .... 39,450,000 00

7. Three-dollar pieces, 650,000 00

8. Eagles, since 1850, 17,000,000 00

9. Double eagles, since 1853, .... 69,300,000 00

$186,250,000 00

552 GOVERNOR'S ADDRESS.

Add for the first six months of 1856 the gold coin-
age of all the mints except San Francisco, . $10,125,000 00
For the same period all the silver coinage, . . 3,800,000 00

$200,175,000 00

In round figures, $200,000,000.

As before mentioned, these estimates are at best but conjectures,
but I incline to the opinion that the aggregate of gold and silver coins
remaining in the United States does not exceed two hundred millions
of dollars ; and yet I may be far from the true amount — and your own
estimate at two hundred and fifty millions be nearer the mark."

From the Secretary of the United States Treasury.

Treasury Department, Dec. 11, 1858.

Sir, — I have the honor to acknowledge the receipt of your letter
of December 8th, in which you ask information as to the " estimated
amount of gold and silver coin in the United States."

As the best answer I can give, I send you the following docu-
ments :

1st. The Report on the Finances for 1854:-5. On page fifty-one
commences a table, in which my predecessor, Mr. Guthrie, estimated
the amount in 1854, at two hundred and fifty million dollars. The
notes to the table will probably interest you.

2d. The Report on the Finances for 1855-6. On page twenty-
nine you will find reference to an estimate by the Director of tlae
Mint, making the whole amount two hundred million.

3d. The Report on the Finances for 1856-7. On page twenty-
two you will find that I estimated the whole amount of specie in the
United States at two hundred and sixty million dollars.

In the volumes now sent, you will find various other documents
having a bearing on the subject of your question.

My estimate was from returns, the latest of which were dated
June 30, 1857.

The Report on the Finances for the present year, is now in the
hands of the printer. As soon as printed, which will possibly be in
the course of a week, I will send you a copy. In it you will find
detailed accounts of the amount of gold and silver received afe the
Mint and its branches and also of the amount imported from and
exported to foreign countries, from July 1, 1857, to June 30, 1858.

Very respectfully,

HOWELL COBB,

Secretary of the Treasury.
To His Excellency N. P. Banks,

Governor of Massachusetts.

GOVERNOR'S ADDRESS. 553

[H.] INDIAN TRIBES OF MASSACHUSETTS

TROY INDIANS.

Taunton, December 16, 1858.
To His Excellency Nathaniel P. Banks, Governor, S)-c. :

The territory of this tribe consists of 190 acres, located near Fall
River. The tribe numbers 59, of whom 36 are non-residents. There
is little vai'iation in this number, the births and deaths being about
equal.

Their land is mostly covered with wood, and held in common. It
furnishes sufficient fuel for their wants, and enough more to yield
some $75 annually. Some of it is let out for pasture, and a very
small part cultivated. There are very few among them showing
decided marks of Indian origin. They appear quite healthy — are
neat in their habits, and will not suffer in comparison with whites of
the same class.

They are shrewd, intelligent, and very tenacious of their rights.
Their children attend the public schools, and one of them the High
School, in Fall River.

In summer they attend the Christian Union Church, at North
Westport, where the Commonwealth has purchased three pews for
their use. Their morals are better than might be expected, and two
or three only are habitual drinkers. Their worst trait is excessive
indolence. The influence of some religious teacher would be pro-
ductive of great good. Most of them live by laboring as house ser-
vants, porters, sea-farers, &c. On the Reservation they make baskets,
and do a little farming. Their only stock is one horse and one cow.

The State appropriation for their support, this year, is $400, 20
per cent, less than heretofore. From the sale of wood $75 has been
realized, and $25 from pasture rent — in all $500, all of which will
be expended before 1st January, 1859. Seven-eighths of this is
expended for food and medicmes, for the aged and sick.

Their guardian is faithful and competent, and they are much
attached to him. The condition of the tribe has greatly improved
within the last ten years, and much, if not all of this, is due to his
efforts in their behalf. H. B. WHEELWRIGHT.

HASSANAMISCO INDIANS.

Boston, December 30, 1858.
To His Excellency Nathaniel P. Banks, Governor, S^c :

Sir, — I have the honor to state, that I have visited the town of
Grafton, and find the whole number of the Grafton tribe of Hassan-
amisco Indians is twenty-six, of whom

554 GOVERNOR'S ADDRESS.

7 live in the town of Grafton.
10 " city of Worcester.

2 " town of Princeton.

2 " town of Sturbridge.

5 have no jfixed abode or whose place of residence is unknown.

Of these, eight are over forty years of age ; eight between twenty
and forty, and ten are under twenty years. But four families draw
aid from the State.

The family in Grafton, consisting of parents and with children,
live on an estate, consisting of a small old house and barn, and about
four acres of land ; they also own a cow. A family of ten (the
parents being very old people, and the youngest child eighteen,)
resides in Worcester, where last year the guardian. Colonel Bigelow,
of Grafton, bought them a small estate from the proceeds of the
sale of certain parcels of land in Grafton belonging to the tribe.
This was done with the consent of the judge of probate for Wor-
cester County.

The family in Princeton, consisting of two persons, are respectable,
industrious, and are possessed of some property. They are generally
industrious, and comparatively free from vices ; one of the family in
Worcester is a barber in that city.

Under the original forty grants to the first settlers of the town of
Grafton, the Indians are entitled to pew accommodations in the
church, and also to all the rights in the public schools of the town
that are enjoyed by the whites, and are exempt from church or other
taxes ; and persons are now living who recollect when the wall-pews
in the old church were occupied wholly by Indians, while the body
of the house was occupied by the whites.

A few years since the tribe lost about one thousand dollars, through
the failure of one of their trustees, and last year they petitioned the
legislature to be reimbursed by the State.

It is the opinion of Colonel Bigelow, their guardian, and other
gentlemen, that a little extra assistance aiforded them at this time, to
repair their buildings, &c., would be of permanent service to them
and a good investment for the Commonwealth.

I remain. Sir, very faithfully yours,

EDWARD HAMILTON.

CHAPPEQUIDDIC, CHRISTIANTOWN AND GAY HEAD

INDIANS.

Edgartown, December 20, 1858.
H. B. Wheel VTRiGHT, Esq., Chairman Alien Commissioners :

Dear Sir, — I received your letter of the 15th inst., last Saturday
evening, and hasten to reply, if by any means I can contribute any
thing interesting to yourself or his excellency governor Banks.

GOVERNOR'S ADDRESS. 555

From a large experience of many years, I have reason to believe
that the relations of the State and the Indians, each to the other, is
less understood than any other subject, by legislators. Almost num-
berless special Acts have been passed relating to the Indians since
1 633, when it was ordered, " That no person whatsoever shall buy
any land of any Indian, without leave from the Court."

See Records of the Colony of Massachusetts Bay, vol. I, p. 112.

Ever since, the State has assumed to be the guardian of the
Indians, having adopted them as wards ; consequently, they cannot
be State paupers technically.

Permit me to refer you and his excellency to the Report (House
Document No. 46, of the year 1849) of the Commissioners, (F. W.
Bird, Whiting Griswold, Cyrus Weeks,) relating to the condition of
the Indians in Massachusetts. It contains much valuable and
reliable information touching the questions pi'oposed in your letter.

The present status of the Chappequiddic, Christiantown and Gay
Head Indians, as to their number, locality and land, is mainly as
stated in said Report. I cannot give any more correct information
at this time. Said Report contains a correct statement of the physi-
cal, intellectual, moral and religious condition, and the state of
education among the Indians at that time ; but some important
changes, have taken place especially at Gay Head.

With the aid of the Society tor Propagating the Gospel, &c.,
who appropriated six hundred dollars, they have built a neat and
comfortable parsonage house, and have ei'ccted a substantial fence
around the lot. The society have, for the last four or five years
appropriated annually, two hundred dollars for the support of the
ministry. AVitli this aid, they have supported a minister most of the
time. Their meetings are well attended, and their intellectual, moral
and religious development has progressed beyond the expectation of
their warmest friends.

The Indians of Gay Head are truly a temperate people. Their
education is improving, and most of the pai-ents feel a deep interest
in the education and welfare of their childi-en. They receive from
the State for support of schools, annually, one hundred and fifty
dollars, and for the support of an aged pauper, one dollar a week.

Christiantown and Chappequiddic receive each for the support of
their schools, ninety-seven dollars.

Since the Commissioners' Report, the Indian lands at Chappe-
quiddic have been fenced otf, after having been divided between the
different families.

The mill at Gay Head was a great blessing to the people of Gay
Head, but unfortunately for them it was destroyed some two years
ago, and they have not since been able to build another.

The Indians generally feel deejjly their social disabilities and infe-
riority ; not that they are in fact interior, but that circumstances have
made them so ; circumstances beyond their control.

Their style of living is the same as the whites. They are generally
industrious, and some of them, especially the Chappequiddic and
Gay Head, work most diligently.

556 GOVERNOR'S ADDRESS.

By looking on the maj) of Barnstable, Dukes County and Nan-
tucket, you may see very plainly the locality of Gay Head.

I should be happy to be able to present this subject more fully and
plainly, but I must plead the infirmities of age, and agaui refer you
and his excellency to House Document, No. 46, of the year 1849.

There is no provision for the distribution of the laws of the State
among the Indians. It seems to me that the State should see to it,
that the Indians should be provided with the laws.
I am. Dear Sir,

Very respectfully and truly, yours, &c.,

LEAVITT THAXTER.

NATICK INDIANS.

Boston, January 1, 1859.
To His Excellency Nathaniel P. Banks, Governor, ^c.

Sir, — The Natick Indians were originally collected by Rev. John
Elliott from diffei-ent tribes, and have been under the care of the
Commonwealth since his time ; they are now represented by one
woman who is married to a white man ; they have two children of
from seven to ten years of age. This family are respectable and
industrious.

There is also one woman who has a husband and five children, who
claims descent from this tribe or body of Indians. A part of the
children of this family are out at service. This woman presents
sufficient claim to entitle her to some assistance from the Agent, (the
Hon. Mr. Bacon, of Natick,) although the husband is dissolute and
improvident.

There are also some persons in Framingham who claim descent
from these Natick Indians, but as no title can be traced sufficient to
warrant the agent in affi^rding aid to them, he has refrained from
doing so.

Very respectfully yours,

EDWARD HAMILTON.

DUDLEY INDIANS.

To His Excellency Nathaniel P. Banks, Governor, S^c.

Dear Sir, — I returned from Webster this morning. I found that
the Dudley Indians consisted of twelve in the house at Webster,
three in Oxford, two in Spencer, four in Thompson, Connecticut, six
in Worcester, of whom ten are children, as follows : — two in Webster,
one in Oxford, three in Thompson, Connecticut, four in Worcester.

GOYBRNOR'S ADDRESS. 557

They appear, and have the reputation of being generally inoffensive
and uadustrious. There is however one vicious man, who is now
confined in the jail at Thompson, Connecticut, for stabbing a man.
His term of punishment is nearly out.

They reside in a new house divided into five tenements, so that each
family has a tenement. Attached to it is about one acre of land,
which is covered with a growth of " scrub oak." The soil is good
but very rocky. The overseer desires an appropriation of $300 to
build a wall around the premises, and thus clear the land, and to
erect a wood shed for the house ; this is much needed. Originally
there was an appropriation of $3,000 made to build this house, but
however wonderful, it is nevertheless true that but $1,500 was used;
and the people there feel they do not ask what is unreasonable under
the circumstances, when they request that $300 may be appropriated
for the above purposes. Six of the Indians residing at Webster are
somewhat advanced ; the youngest, a girl, is about nine years of age.
There appears to be no school, and with two exceptions the children
are too old to attend if there were one. The appearance of the
interior of the tenements was neat and orderlj^ Two old men were
braiding baskets, one blind man had gone to the village to saw wood.
Two of the young men work in shoe-shops, and their mother takes
in washing. On the whole their appearance was very satisfactory
to me.

Very respectfully yours,

EDWARD HAMILTON.

FINANCIAL STATEMENT.

Dudley Tribe, Webster.

Support 11 months, $500 00

Guardian's salary, . . . . . . 83 33

$583 33

Troy Tribe, Fall River.

Support, 12 months, $400 00

Guardian's salary, . . . . . . 50 00

450 00

Marshpee Tribe.
Support, 100 00

Punkapog Ti-ibe, Canton.

Pensions, $202 00

Guardian's salary, 40 00

242 00

Chappequiddic and Christiantown Tribe, Dukes County.

Guardian's salary, $150 00

Pension, 50 00

200 00

50

558 GOVERNOR'S ADDRESS.

Hassannamessett Tribe.

Special grant, $200 00

Pension, 50 00

$250 00

Gay Head Tribe, Dukes County.
Pension, 104 00

Town of Chilmark.
Special grant, sickness of an Indian, . . . 101 94

$2,031 27
Probable excess in Dudley and Troy, . . . 170 00

$2,201 27

Payments from income of Indian School Fund : —

Marshpee, $60 00

Chappequiddic and Christiantown, . . . 36 00

Gay Head, 36 00

Herring Pond, 18 00

$150 00

Payments from income of Massachusetts School Fund : —

Marshpee, $265 00

Chappequiddic and Clii'istiantown, . . . 164 00

Gay Head, 120 00

Herring Pond, 80 00

$629 00

559

SPECIAL MESSAGES.

THE FOLLOWING SPECIAL COMMUNICATIONS WERE MADE BY HIS
EXCELLENCY THE GOVERNOR, TO THE LEGISLATURE, DURING
THE SESSION ENDING APRIL SIXTH.

[To the House of Representatiyes, January 11.]

I have the honor to transmit to you, for the use of the
legislature, pruited copies of reports relating to public insti-
tutions, made in pursuance of law to the governor and
council, accompanied by a statement of titles thereof.

[To the House of Representatives, January 13.]

The congress of the United States, by an Act approved
June 12, 1858, appropriated the sum of 19,215.13 for the
reimbursement of expenditures incurred by this State in
connection with the State of Maine, to enable the govern-
ment of the United States to fulfil treaty stipulations made
by the treaty of Washington, for the settlement of the north-
eastern boundary April 9, 1842. From a report of the fifth
auditor, and the certificate of the comptroller of the treas-
ury department to whom the subject was referred, which
papers are herewith transmitted, it appears that the appro-
priation is retained in the treasury until the legislature of
Massachusetts shall specify the person or persons to whom it
may be paid. I recommend therefore, that the treasurer of
the Commonwealth, or such other person as may be deemed
proper, be authorized to receive and acknowledge the receipt
of the sum stated in behalf of the Commonwealth.

I transmit, also, the account of Samuel L. Harris, Esq.,
of Maine, who by letters of appointment dated May 10,
1844, and May 7, 1846, has been charged with the prosecu-
tion of this claim, for expenses incurred and paid by him,
and also for his services as agent of the Commonwealth,
together with other documents connected with the origin
and payment of the claim, and I ask the early attention of
the legislature thereto.

560 SPECIAL MESSAGES.

I have also the honor to transmit a letter of his excellency
the governor of the State of Maine, dated December 2, 1858,
with information of the appointment of an agent to look
after its interests, in the claim upon the general government,
for advances of money during the late war with Great
Britain, and inviting the co-operation of this State, which
has a similar interest, in efforts to induce a favorable con-
sideration of these undisputed but long deferred claims. In
the belief that the consideration of this subject is advisable,
I deem it proper to present to the legislature briefly the his-
torical facts connected with this claim.

The States of Massachusetts and Maine petition congress
for reimbursement of money paid by Massachusetts, then
embracing territory since erected into a separate state, for
the protection and defence of the coast and territory of the
United States during the late war with Great Britain.

The Hon. J. R. Poinsett, of South Carolina, late secretary
of war, to whom the claim was referred by resolutions of
congress hereinafter set forth, in a detailed report prepared
by him pursuant to instructions of those resolutions, says
that, " during this war, Massachusetts was exposed to the
attacks of a ruthless enemy, hovering along her defenceless
maritime frontier, assailing it sometimes to the serious
injury of the people, and keeping the whole country in a
constant state of well-founded alarm."

The present claim is founded upon a petition for repay-
ment of money actually expended and paid by the State,
under these circumstances, in defence of her territory, in
calling out her militia and providing supplies for its support,
and in erection of necessary works of defence, required upon
actual invasion or well-founded apprehension of invasion.

In the settlement of this claim, the State has desired only,
that she may have the benefit of well established principles
of public justice, which have been applied by the general
government to the settlement of similar claims of other
States, for the like services — every one of which have been
long since adjusted and paid.

A brief view of the present condition of this claim is pre-
sented in the following statement of facts connected with its
history.

The original claim for services, disbursements and ex-
penditures, during the war, was $843,349.60. This sum,
$843,349.60, constituted a debt of the State, which was paid
in full in 1817, and upon which interest was also paid to the
amount of $117,092.66, as appears from a statement of the
treasurer of the Commonwealth, herewith transmitted.

SPECIAL MESSAGES. 561

By a resolution of 1826, it was referred to the secretary
of war, by whom it was committed for examination to the
third auditor of the treasury department.

Applying strict rules of evidence to the different items of
claim, in matters of form as of substance, the auditor, Peter
Hagner, Esq., found to be admissible under the rules and
requirements of the department the sum of 1430,748.26 ;
and inadmissible under the same rules, — unless under special
sanction of tire secretary of war, — the sum of $412,601.34.

The secretary of war transmitted this report to congress
without exercise of his power of revision, which was deemed
essential in this case by those to whom Massachusetts had
intrusted her interests, and which it is believed, had been
exercised in behalf of similar claims of some other States.

The deficiency of evidence necessary to sustain many of
the items of claim, deemed inadmissible under the rules of
the department, had in some measure been occasioned by
want of correct information as to the nature of those rules
and requirements, on the part of the agents of the State, by
whom many of the vouchers had been prepared. After a
lapse of twenty years this deficiency could not be wholly
supplied.

In 1830 an appropriation was made for the payment of
so much as should be found admissible by the officers of the
government, according to the terms of the act ; and the sum
of 8430,748.26, the same amount admitted upon the report
of the auditor, was paid to the State, of which one-third was
received by the State of Maine. The next act upon this
subject was a resolve of the house of representatives, passed
February 24, 1832, in the words following, viz. :

'■'^ Resolved, That the secretary of war be and he is hereby
instructed to examine the claim of the State of Massachusetts for
disbursements for military purposes during the late war with Great
Britain, according to the rules and cases set forth in an act of con-
gress, approved May 31, 1830 ; and if any further sum be found to
be due the claimant by such examination, to report the same to the
house."

No action was had by the secretary of war under this reso-
lution. The following joint resolution relaxing rules of
evidence and admitting further proof on the part of the
State, was approved May 14, 1836, and these resolutions,
with the act of 1830, became the law of the department
upon this subject.

562 SPECIAL MESSAGES.

" A resolution to authorize the secretary to receive additional evidence
in support of the claims of Massachusetts and other States of the
United States for services, disbursements, &c., during the late war.
" Resolved, ^c, That the secretary of war in preparing his report
pursuant to a resolve of the house of representatives, agreed to on
the 24th of February, 1832, be and he hereby is authorized, without
regard to existing proofs and requirements, to receive such evidence
as is on file, and any further 'proofs xohich may he offered tending to
establish the validity of the claims of Massachusetts upon the
United States, or any part thereof, for services, disbursements and
expenditures, during the late war with Great Britain. And in all
cases where such evidence shall, in his judgment, prove the truth of
the items of said claim, or any part thereof, to act on the same in
like manner as if the proof consisted of such vouchers and evidence
as is required by existing rules and requirements touching the
allowance of such claims ; and that in the settlement of the claims
of other States of the United States for services, disbursements and
expenditures, during the late war with Great Britain, the same kind
of evidence, vouchers and proof, shall be received as is herein pro-
vided for in relation to the claims of Massachusetts, the validity of
which shall he in like manner determined and acted upon hy the sec-
retary of war. Approved May 14, 1836." — U. S. Laws, vol. 6.

Pursuant to the instructions of these resolutions, the sec-
retary of war, Mr. Poinsett, made an elaborate and careful
examination of the claims, receiving such further evidence
as could then be furnished by the State of Massachusetts,
and the result of his deliberations he presented to the house
of representatives in his report of December 23, 1837 —
Ex. Doc. 2d vol. 1837-8, No. 45— as follows, viz. :

Department of War, December 23, 1837.

Sir, — In compliance with a resolution of the house of representa-
tives of March, 1836, I have examined the claims of the State of
Massachusetts, for military services and expenditures during the late
war with Great Britain, and have now the honor to repoi't :

The original amount of these claims was $843,349.60, which by a
payment of $11,000 in 1817, and one of $419,748.26, in 1831, was
reduced to $412,601.34, which is still claimed. Of this sum, it
appears, upon applying the same principles which have governed
this department in the settlement of similar claims made by other
States, there will be due $272,716.14, of which $45,539.66 being for
arras and accoutrements purchased by the State, arms, &c., to the
value of that amount must be charged to the State, and be withheld
from its quota under the act of 1808, for arming and equipping the
militia ; " and all warlike stores remaining in the State, which are
paid for by the general government must be delivered up to the
possession and use of the United States."

Very respectfully, your most obedient servant,

J. R. POINSETT,
Hon. James K. Polk, Speaker House of Representatives.

SPECIAL MESSAGES. 563

It is clear, from the terms of the resolution of February
24, 1832, and the joint resolution of May, 1836, admitting
additional evidence, and relaxing in some degree the strin-
gency of the rules of the department, both of which are
herein set forth at length, that the secretary of war followed
implicitly the instructions of the resolutions, made by act
of congress the law of the department in regard to this and
similar claims of other States.

Such was the opinion of the distinguished secretary of
war, Mr. Poinsett, as appears in his answer to a letter of
inquiry on the part of the members of the house for the State
of Massachusetts, whether any further action of the depart-
ment was required under the resolutions upon the subject
of this long deferred claim. After an elaborate examination
of the whole question, he unhesitatingly expresses the opinion
that the resolutions devolved upon him " the duty of exam-
ination, and directed the manner in which it should be made;
and FULFILLING THAT OBLIGATION, he reported to congress
the result."

The amount due the States of Massachusetts and Maine
having thus been determined by law, and adjudged by those
in no wise disposed to encourage or acknowledge unjust or
illegal pretensions on the part of these States, and as all
such claims on the part of other States have long since been
adjusted and paid, I cannot doubt that ultimately their
rights will be acknowledged. However long this result may
be deferred, it becomes us to use all proper means to obtain
a settlement in accordance with existing laws, and upon
principles applied to similar claims of other States.

[To the House of Representatives, January 14.]

I have the honor to transmit to the house of representa-
tives, for the use of the legislature, an exemplified copy of
the will of the late Isaac B. Woodbury, of the State of
Connecticut, in which a conditional bequest is made in trust
in favor of the Commonwealth of Massachusetts, for the
purpose of establishing and maintaining a school for musical
instruction.

I have also the honor to communicate to the house of
representatives, a letter from Rufus Putman, Esq., of Dan-
vers, in this State, who is executor of the will referred to,
and the trustee named therein.

[To the Senate, January 14.]

I have the honor to transmit to the senate, for the use of
the legislature, a copy of resolutions passed by the legislature

564 SPECIAL MESSAGES.

of the State of South Carolina, and transmitted to this
department by his excellency, the governor of that State, in
approval of the present light house system of the United
States.

I have also the honor to transmit to the senate, for the use
of the legislature, an estimate of the probable cost of filling
the street and that portion of the Back Bay lands adjacent
to the public garden in the city of Boston, to which attention
of the legislature was called in my address of the seventh
instant.

I have also the honor to transmit to the honorable senate,
for the use of its members, copies of an address to the
council, upon so much of the affairs of the Commonwealth,
as by its constitution and laws are within the province of
that department of the government.

[To the House of Representatives, January 18.]

I have the honor to transmit to the house of representa-
tives, for the use of the legislature, a report of a committee
of the council, accepted by that body, and other papers
relating to the Hoosac Tunnel.

[To the Senate, February 3.]

I have the honor to transmit to the senate, for the use of
the legislature, resolutions passed by the legislature of New
York, and also a memorial of the canal board and canal
commissioners of the State of New York, to the congress of
the United States, asking for the improvement of the lake
harbors.

I have also the honor to communicate a letter of his
excellency the governor of the State of New York, upon the
same subjects.

[To the House of Representatives, February 19.]

In reply to an order of the house of representatives of the
sixteenth instant, calling for such information as the execu-
tive department of the government is able to furnish,
concernhig the muster rolls of the militia of Massachusetts
in service during the late war with Great Britain, I have
the honor to say, that the muster rolls of the militia troops
of Massachusetts, called out and paid by authority of the
State, were, at an early date, transferred to the government
at Washington, and are now in possession of the department
of war. It does not appear from any records remaining in
the office of the adjutant-general, at what time the transfer
was made. The government at Washington, in reply to

SPECIAL MESSAGES. 565

requests of this State, as of other States, has invariably
decHned to surrender the original rolls, upon the ground
that they were received by the United States as vouchers,
in refunding money paid to the troops by the State. The
government has declined to furnish copies of the rolls, for
the reason that the clerical force of the department would
be insufficient to make copies for all the States ; and were it
otherwise, that the constant use of the rolls made in pre-
paring evidence of the services of claimants for land grants,
under the several acts of congress, on the subject of military
bounties, rendered it impossible that copies should be made
by persons employed by authority of the States.

I had the honor to address a letter of inquiry upon the
subject, to the secretary of war, on the tenth of February,
1858, and transmit to the house of representatives, his
reply, with other papers relating to similar applications
heretofore made by the legislatures of this, and of other
States.

[To the House of Representatives, February 23.]

I transmit, herewith, the account of Samuel L. Harris,
Esq., of Washington, D. C, for services in the prosecution
of the claim of this State, against the United States, under
the treaty of Washington, by authority of letters of appoint-
ment, dated April 9, and May 10, 1814, and May 7, 1846.

[To the Senate, February 24.]

I have received from the senate, an order of the twenty-third
instant, presenting the inquiry whether, in my opinion, in
case the estate of the late governor Hancock should become
the property of the Commonwealth, and be made hereafter
the official residence of the governor, it would materially
increase the expenses, or necessarily lead to or require an
increase of the present salary, of the governor.

I have the honor to inform the senate, in answer to this
inquiry, that in my opinion, it would not materially increase
his expenses, or require any addition to the present salary of
the governor. If it were to be applied to my own case, I
think it would rather diminish than add to my expenses.
Such a residence could be appropriated properly only to the
general social intercourse of all persons without exception,
connected with the government, and not to select or expen-
sive entertainments. The character of the estate is adapted
to simple, inexpensive and general intercourse, and not to
that of a different character. It should be provided in any
transfer that is made to the Commonwealth, that the interior
51

566 SPECIAL MESSAGES.

and exterior character of tlie building should be substantially
preserved, and the legislature can extend its prohibition of
change to any limit that may seem desirable to guard against
possible inconvenience or evil. If it shall be made an official
residence, and become an established custom, that at reason-
able but proper occasions gentlemen of all parties, with their
constituents or friends, were to meet for exchange of civili-
ties and social intercourse unembarrassed with vexatious
official cares, it will be found to be a practice of such general
public utility and personal satisfaction, that the simple, inex-
pensive and democratic rule upon which only such inter-
course can be maintained will never be departed from.
There are customs more powerful than legislation, and this
would be of that character.

I confess that I am oppressed by the fact, that with excep-
tion of those persons with whom I had previous acquaintance,
and from my absence for several years past they are few,
and those with whom the accidents of official bushiess have
brought me in contact, I am honored with the personal
acquaintance of scarcely one of the three hundred gentlemen
who are associated with me in the government of the Com-
monwealth. I give my time unreservedly to the duties of
my office ; and although I am at the capitol usually from
ten o'clock until five, without intermission, so constant and
varied are the business engagements of all, that no opportu-
nities are offered for such intercourse or acquaintance. I
am certain that it is not for the interest of the people, or of
wise legislation, that this should be the case. Nothing so
much softens the asperities of parties, or contributes so
much to wise legislation, as frequent and kindly personal
intercourse of those entertaining conflicting opinions. It may
be asked why a state of things is presented at this time which
differs from that of previous years, but the great changes
that have taken place in public affairs in ten years past,
afford a sufficient explanation.

The appropriation of $10,000, — a sum amply sufficient for
necessary repairs and furnishing the house, in addition to
the purchase money of the estate, — will be the entire expen-
diture to which the Commonwealth will be subjected, if the
legislature concur in the recommendation of my annual
address. The State will therefore be able, at any moment
hereafter, to dispose of it for a sum larger than its entire
cost, if deemed expedient. The patriotic and historic associa-
tions connected with this estate will be no more strongly
urged to prevent its sale hereafter, than now to secure its
perpetuation ; but if it be found hereafter that a single

SPECIAL MESSAGES. 567

inconvenience arises, or that unreasonable expenses are
entailed, the Commonwealth will have an additional reason
for the transfer not now existing against the purchase, in the
fact that it may be effected without any pecuniary sacrifice
whatever.

But this I am confident will not be the result ; and I am
equally well assured that it will afford the highest gratifica-
tion to the truly patriotic people of this Commonwealth, if
this ancient and renowned home of the first president of an
American congress of united and independent states, the
first signer of the declaration of American independence,
and the first governor of the Commonwealth of Massachu-
setts under a republican constitution, can be preserved in
the name and for the honor of the government.

[To the House of Representatives, March 4.]

I have the honor to transmit, for the use of the legislature,
the twenty-second, annual report of the board of education,
and also the report of the secretary of the board of education.

(To the Senate, March 8.]

I have the honor to transmit to the senate, for the use of
the legislature, a communication from the treasurer and
receiver-general, relating to an estate which by foreclosure
of mortgage has come into the possession of the Common-
wealth. It is the opinion of the treasurer and receiver-
general, that the public interests require that the estate
should be sold ; but as it appears from a communication of
the attorney-general, that existing laws do not authorize the
sale, additional legislation will be necessary if the legislature
shall concur in the opinion that the public interests require
that the property should be sold.

I have also the honor to transmit a report of the council,
and a communication of the attorney-general upon the same
subject.

[To the House of Representatives, March 8.]

I have received information from the agent of the State
of Massachusetts, appointed for the prosecution of the
claims of Massachusetts and Maine, for military services,
and the reimbursement of expenses incurred during the
late war with Great Britain, in the protection of the mari-
time frontier of the Commonwealth, that an appropriation
of $227,176 was made by an act of the last congress of the
United States, for the payment of these claims. I have
received from the agent of the State of Maine information of
the same character. It will be necessary, if such appropria-

568 SPECIAL MESSAGES.

tion has been made, that the treasurer, or such other officer-
as in the judgment of the legislature may be deemed expe-
dient, shall be authorized to receive any moneys to be paid
for this purpose to the Commonwealth, from appropriations
of the late congress. It will be necessary, also, that the
adjutant-general shall be authorized, on the part of the
Commonwealth, to deliver to the possession and for the use
of the United Slates " all warlike stores, remaining in the
possession of the Commonwealth, which have been paid for
by the general government."

[To the House of Representatives, March 10.]

I have the honor to transmit to the house of repre-
sentatives, for the use of the legislature, a communication
from the honorable Edward Everett, inclosing a certified
copy of resolutions adopted at a meeting of the general com-
mittee having in charge the statue of Mr. Webster, and
requesting permission of the legislature to place the statue,
at the expense of the Webster Memorial Fund, on some
suitable spot within the state liouse grounds.

Under such regulations, as in the judgment of the legis-
lature may be deemed expedient, with reference to the
nature of the grounds and the character of tlie statue,
I recommend that the request of the general committee of
the friends of Mr. Webster be granted. Mr. Webster gave
to the service of the Commonwealth the best years of his
life. Entering the public councils in 1820, he devoted him-
self to public employments in the constitutional and legisla-
tive assemblies of the State, in both houses of congress, and
in the cabinet, until the closing hours of his life. His elo-
quence, superior attainments and unsurpassed intellectual
power, contributed in an eminent degree to mark the period
of his public service as one of the most interesting and
important that has occurred since the adoption of the con-
stitution. If permission to place the statue on some suitable
spot within the state house grounds shall be granted, it is
probable that other works of art commemorating the services
of distinguished citizens of the Commonwealth will speedily
be created ; and thus the legislature will be enabled without
public expense, by a proper exercise of its power, to add to
the attractive beauties of the capitol, to elevate the public
taste in works of art, and to strengthen the influences which
appeal directly to the patriotism of the people.

[To the House of Representatives, April 1.]

I have the honor to transmit to the house of representa-
tives, for the use of the legislature, the sixth annual report

SPECIAL MESSAGES. 569

of the secretary of the state board of agriculture, with an
abstract of returns of the agricultural societies of Massa-
chusetts for 1858.

[To the House of Representatives, April 6.]

A resolve entitled " Resolve concerning the compensa-
sation of the members of the legislature for the extra session
and of the Committee on the Revision of the Statutes," has
been transmitted to me for approval. It provides for the
compensation of the members of the legislature for their
services during the extra session, to be held in September,
for the consideration of the revision of the statutes of the
Commonwealth and for the compensation of the committee
appointed to sit during the recess.

It is not my purpose, nor is it my right, except in a very
extreme case, to interpose in any manner whatever, any
views of my own upon the amount of compensation which
the legislature may regard as a proper equivalent for services
rendered to the public.

But the proper time for the consideration of this subject,
which requires the assent and concurrence of the different
departments of the government, presents an inquiry upon
which, without unwarrantable interference with the preroga-
tive of the legislature, I may be allowed to suggest conside-
rations of public interest.

And I therefore most respectfully request the legislature
to consider whether it will not be more consistent with our
duties to the people to provide that the subject of compen-
sation of members of the legislature shall be considered and
determined during the session to which the compensation
shall relate, when an accurate estimate will be possible of
the extent and character of its labors. Until the revised
code shall have been examined by the committee appointed
for this purpose, the length and labor of the session cannot
be so correctly estimated as to afford a proper basis and jus-
tification for an appropriation of public money.

In order that an opportunity may be presented for the
reconsideration of this subject, which must necessarily
have been acted upon during the last hours of the present
session, without the most mature deliberation ; and in the
belief that I ought not at the present moment to give it my
approval, I return the resolve to the house of representatives
in which it originated, with my objections thereto, according
to the provisions of the constitution.

570 SPECIAL MESSAGES.

[To the Senate, April 6.]

I return to the senate, in which it originated, a bill entitled
" An Act concerning the sale of wheat, corn, other grains
and meal," without my approval. This act vests in the
president and directors of the Boston Board of Trade the
exclusive right of appointing a principal measurer of wheat,
corn, other grains and meal ; an officer without whose official
sanction, or that of his deputies, no legal sale can be made,
of one of the great staples of life.

This measure seems to me inconsistent with sound princi-
ples of legislation and the spirit of the constitution.

The Boston Board of Trade was incorporated by the act
of 1854, chapter 412, which made certain gentlemen a cor-
poration by that name, with all the privileges and subject to
all the liabilities pertaining to corporations of the Common-
wealth. It is prohibited by its charter from trafficking in
merchandise or holding property to the value of more than
one hundred thousand dollars ; with such exceptions it has
nearly an irresponsible authority in making its own by-laws,
and regulating the succession of its own members. It is
mainly a close corporation, perpetuating itself by the choice
of new members ; but neither such choice, nor tlie laws
regulating it, are subject to revision or control by any
branch of government.

In the natural course of events it must happen that such
an association will chiefly represent the vendors rather than
the consumers of grains. However excellent the influence
of such associations may be upon general traffic, it does not
seem to be the proper depositary of executive appointment.
If the sale of grains is of such importance as to require
legislative enactment, the duty of executing such laws
should be intrusted to those who would be responsible to the
people or to the legislature. The declaration of rights
provides, that " the several magistrates and officers of gov-
ernment vested with authority, whether legislative, executive
or judicial, are the substitutes and agents of the people, at
all times accountable to them."

It also provides that " no man nor corporation, or associa-
tion of men have any other title to obtain advantages, or
particular and executive privileges distinct from those of
the community, than what arises from the consideration of
services to the public." It is not apparent in what manner
officers appointed by such corporation can be held responsi-
ble to the people, as their substitutes or agents, or what
services rendered to the public entitle this corporation to the
exercise of this^ political right.

SPECIAL MESSAGES. 57I

It is with diffidence and no inconsiderable regret that I
am compelled to present my objection to the passage of this
act, but though of itself not of the highest importance, it is
of such a character as to require of the legislature a close
adherence to sound principles of legislation and constitu-
tional authority in providing for the appointment of public
officers charged with the duty of executing the laws of the
Commonwealth.

[To the Senate and House of Representatives, respectively, April 6, — delivered verbally by
the Secretary of the Commonwealth.]

His excellency the governor has been informed by a com-
mittee of the senate and house of representatives, that having
transacted the public business, it is their desire that the two
houses shall be prorogued to the first Wednesday of Septem-
ber next. In acceding to this request, his excellency has
instructed me to present to the members of the senate and
house of representatives his thanks for the favorable consid-
eration they have given to his recommendations, and also to
make his acknowledgments for the very great industry which
has been exhibited in the discharge of public duties during
the session. He believes that no legislature has performed
an equal amount of labor in the same period of time.

The legislature has been in actual session 79 days ; 274
acts and 105 resolves have been passed ; all of which have been
approved, with the exception of an act entitled " An Act con-
cerning the sale of Wheat, Corn, other Grains and Meal ; "
a resolve entitled " Resolve concerning the Compensation
of Members of the Legislature for the extra session, and of
the Committee on the Revision of the Statutes," and a
resolve entitled " Resolve for the payment of Clerks, Door-
keepers, Messengers, and Pages, during the extra session of
the Legislature, and during the session of the Committee
appointed to sit during the recess."

The amount of appropriations which have been made from
the ordinary revenue, for the expenses of the present year,
is <|993,020.44, including the expenses of the committee to
sit during the recess ; and for expenses incurred in former
years $61,816.82, to cover which there are unexpended
balances of appropriations of the year 1858, estimated at
$40,000.

I am further instructed by his excellency to inform the
legislature that with the advice of the council, he is pleased
to prorogue the general court, agreeably to their request, to
the first Wednesday of September next, and the general
court is prorogued accordingly.

ADDRESS TO THE COUNCIL.

HIS EXCELLENCY THE GOVERNOR, UPON THE ORGANIZATION OF
THE EXECUTIVE COUNCIL, FOR THE YEAR EIGHTEEN HUNDRED
AND FIFTY-NINE, ON THE ELEVENTH DAY OF JANUARY, DELIV-
ERED TO THAT BODY THE FOLLOWING ADDRESS.

Gentlemen : In opening the sessions of the Council, for
the new political year, it has seemed to me just and expedi-
ent that we should review briefly the business to be presented
to us, and to establish definite principles of action for our
guidance. My own brief experience in the executive depart-
ment strongly supports this course..

The administration of governments by Councils was the
form first adopted on this continent by companies of English
origin. The councils were the chief feature of the charter
granted to the Virginia Company in 1606. The supreme
council in England named the Colonial Council, which,
though subject to direction of the Company in London, had
power to remove its own officers or members, and to fill
vacancies independent of those who were thus governed.

In 1609, by a second charter, the crown surrendered the
absolute power it retained over both English and Colonial
Councils, and gave to the stockholders of the Virginia Com-
pany authority to elect the supreme council, and appoint a
governor, who, subject to the will of the Council, should
exercise absolute authority over the colonists in all civil and
religious affairs. A third charter recognized to some extent
the rights of the people who were governed, restricting the
power of the governor by the appointment of a local Council,
through which the colonists were admitted to some share in
their own government. In 1619 the first general assembly
met, and two years after its authority was recognized and
confirmed. A constitution modelled upon that of England,
was secured to the colony, and this in turn became the pro-
totype of all governments of English origin on this continent.

Although sitting at first, as one body, the assembly was
composed of the governor, council and deputies, and the
separate assent of each was necessary to the validity of
any law.

52

574 ADDRESS TO THE COUNCIL.

The government thus organized in Virginia, became the
model for all American governments of English origin.

The Council, as a part of the government, first appears in
New England in the Plymouth Colony in 1624. Upon the
death of governor Carver, in 1620, Bradford was elected to
that office. After three years' service he solicited the ap-
pointment of a council, first consisting of five, and afterwards
of seven members, in whose meetings the governor had a
double vote.

The government provided by the Massachusetts charter in
1629, consisted of a governor and thirteen councillors ; the
governor and eight councillors to be appointed in England,
three more by the eight so elected, and two by the colonists :
and thus constituted, the government was invested with all
powers of legislation and administration in civil or criminal
affairs. Subsequently the government was transferred from
England to the colony itself, and the Puritans, regarding its
charter as a summons from heaven inviting them to America,
greatly increased the population of the colony. Under
the charter, the power of the people, restricted to the number
of church members, was nearly unlimited, and their govern-
ment more democratic than any previous to the Revolution.

In 1685 this charter was revoked, and the appointment of
councillors, as well as governor, was reserved to the crown.
Upon the accession of William III., a new charter was
granted and accepted, which, while it reserved to the crown
the appointment of governor, gave to the colony the choice
of twenty-eight councillors ; and a general court, to consist
of two deputies from each town, was established at the same
time.

After the declaration of independence, until the organiza-
tion of the government under the constitution of 1780 — the
office of governor being vacant — the executive council was
charged with direction of public affairs.

Throughout the whole of this history the Council has exer-
cised important, and sometimes exclusive political power ;
representing at one time the crown, at another the people,
and supported or assailed by the crown or the people as
prerogative or liberty was affected.

The Council as it now exists — except so far as modified
by very recent amendments — was established by the consti-
tution of 1780. Although reforms or changes have been
sometimes proposed, I am not aware that there has been
submitted a distinct proposition to abolish the Council,
except in the constitution of 1778, reported by the legislature
of that year, and rejected by the people. That instrument

ADDRESS TO THE COUNCIL. 575

does not appear to liave recognized the Council, though this
was not specially urged as an objection. The governor was
to he president of the senate, the majority of the senate to
exercise executive power if the offices of governor and lieu-
tenant-governor became vacant, and the prerogative of pardon
was vested in the governor and lieutenant-governor and the
speaker of the house of representatives.

Notwithstanding the important part the institution of the
Council has performed in every period of our history, it now
remains as an element of political power only in three
States. Thus, this institution which was the earliest form
of political organization planted upon this continent, out of
which eveiy existing government has grown ; which has
been assailed as the enemy or defended as the supporter of
freedom, — either for the purpose of simplifying the process,
or obtaining more direct responsibility in the exercise of
political power, has disappeared from every constitution
except that of our own State, and the States of Maine and
New Hampshire, originally parts of our own territory.
With such a history, of course it could not fail to bear upon
its rolls the names of some of the most distinguished men of
the Colony and the Commonwealth.

In these transitions, its duties and character have been
necessarily much changed ; under colonial charters it repre-
sented the people against the crown ; under the present
constitution it originally represented the corporate democra-
cies, the towns and cities, and also stood for the counties and
the legislature, as a balance against the governor, who
represented the popular element merely, and was elected by
a majority only of the popular vote. The Council is now an
elective body, representing districts organized solely upon
the principle of population.

The duties of councillors, determined by the constitution
or by statute law, are essentially changed. Without noticing
in any especial manner the changes which have taken place,
it may be proper to glance for a moment at those duties as
they now exist.

Those assigned to councillors by the constitution are : —

1st. To assemble at the request of the governor and
advise him in the executive department of government,
agreeably to the constitution and the laws of the land.

2d. To advise and consent to all warrants drawn upon
the treasury.

3d. To advise the governor in assembling, adjourning or
proroguing the legislature, or in directing the place where

576 ADDRESS TO THE COUNCIL.

its sessions shall be held within the State in case infectious
disease or other cause shall require removal.

4th. To advise and consent to the appointment of judi-
cial and other officers, and to advise and consent to removal
from office upon address of both houses of the legislature.

5th. To perform executive duties when the offices of
governor and lieutenant-governor shall be vacant.

6th. To attend the governor in administration of the
oath of office to senators and representatives : and

7th. To advise and consent to the exercise of the par-
doning power.

The duties devolving upon councillors by provisions of
law are :

1st. To examine and count with the governor the votes
given in certain elections.

2d . To visi t with the governor the charitable, reformatory,
or correctional institutions, and to advise as to their general
discipline ; to advise and assist the governor as to appoint-
ments for the board of education, board of agriculture,
pilots and pilotage, and also to advise in the management of
State funds, as to the appointment and compensation of
commissioners or other officers, and the guardinns of Indian
tribes.

There may be other duties not enumerated in these two
classes, but chiefly they are here stated. There are but few
of them, to which, with reference to the coming year, I
desire to call attention ; but to one or two I shall ask careful
attention as topics of vital importance to the people of the
Commonwealth.

They are briefly the expenses of the council, the length of
sessions, and the exercise of the constitutional prerogative
/ of pardon. And I desire to say explicitly, in adverting to

/ these departments of duty, tliat it is without purpose of

reflecting in any manner whatever upon other administra-
tions, but simply to suggest opportunity and necessity for
improvement. Indeed, any thing I may say upon either of
the topics I have named, will reflect as harshly upon my own
as upon any other administration, were censure my object.
But it is not. I have learned by very patient and assiduous
labor, to respect all past administrations, and in all that shall
follow, my own as well as others, to believe that improvement
is possible.

And first, as to the subject of expenses, I invite the
attention of the council to the costs of its sessions for a
period of ten consecutive years. As in other departments
of the government, they have been very greatly increased.

ADDRESS TO THE COUNCIL. 577

In the year 1849 the expenses of the council were $3,779.
Every year presents a steady increase, until 1855, when the
sum was |9,596 ;m 1856, 18,900, and in 1858, $8,701. I
am unable to see the necessity for a material increase in the
cost of this department to the State, since 1849, except in
two respects — the amount of compensation and the duties
and cost of visitation and travel, both of which are increased.
But though the number of councillors is the same, the
sessions of the legislature are now very much reduced in
length.

With every year there is a material increase of business
growing out of the issue of commissions. Those commis-
sioned in previous years regard a neglect of renewal as a
personal wrong, and in some counties, as Suffolk or Middle-
sex, the growth of trade demands greatly increased facilities,
to be furnished only in this manner.

The sessions of the council have increased greatly in ten
years. In 1849 the actual sessions of the council numbered
137 days. In 1855, they numbered 227 days, and in 1858,
163 days.

I think it practicable to limit very largely the length of
sessions, and to reduce in corresponding ratio the expenses
of the year. Indeed, I do not understand, with such sug-
gestions as I shall hereafter make, why the expenses of the
present year may not be reduced to $5,000. While every
other department is laboring zealously to retrench its expen-
ditures, I trust the executive branch will be willing, as far
as possible, to co-operate in the same good work — presenting
increased vigor in the department, at greatly reduced cost.

A principal cause of increase both in expenses and in ses-
sions, will be found in the extended exercise of the pardoning
power. The committee on pardons — during the last year
enlarged so as to embrace all the members of the council —
has been in session a considerable part of the year, as a
court of pardons.

The exercise of the pardoning power demands very seri-
ous consideration, if it does not call for essential reform,
whether we regard it as a matter of economy or of adminis-
tration of criminal justice. During the last year 68 pardons
have been made by the governor, with advice and consent of
council. If to this number we add those imprisoned for
minor offences who have been discharged by overseers in the
same time, and which are set down as pardons in our crimi-
nal returns, the number pardoned is 267.

^^There has been a very considerable increase in the number
of pardons by the governor and council of late years, and it

578 ADDRESS TO THE COUNCIL.

is a serious question in my mind "whether the proper admin-
istration of criminal justice requires, or even justifies, such
liberal dispensation of the pardoning power as formerly
existed, still less, that shown by later returns.

Punishment partakes of the character of government.
In a despotic state it is uncertain, depending upon the char-
acter or caprice of the ruler, subject to no law but his personal
interest, and having no object but his personal advantage.
In a republican government the law of punishment should
be like every other law, established for tlie public good, and
executed with as much certainty and with as few exceptions
as the lot of humanity will admit. It should therefore be
equable, capable of being applied with equal justice to
crimes of different degrees ; it should be certain, exemplary,
reformatory, and the least possible sum inflicted that can be
justified with reference to the principles upon which it is
administered. Thus Montesquieu says, that " in despotic
governments there are no laws ; the judge himself is his
own ruler. In republics, the very nature of the constitution
requires the judges to keep to the letter of the law. Here
there is no citizen against whom the law can be interpreted
in cases where life, liberty or possessions are concerned."
" Clemency is the peculiar characteristic of monarchs. In
republics whose principle is virtue," that is, equality, " it is
not so necessary."

The more the power of pardon for crimes is extended, the
more directly does it interfere with the principle that underlies
our government and the constitution ; that which prohibits
the interference of either department with the prerogatives
of any other. The legislature defines the crime and limits
the penalty : the judicial department hears evidence and
determines punishment. The executive has no part in the
work, and ought never to intervene except when in posses-
sion of such facts as lead directly to the conclusion that
neither legislative nor judicial tribunals being in possession
of the same knowledge, would have framed or applied the
law. This rule I fear would not cover many of the cases in
which pardon has been granted in past years. It may seem
harsh, but on the contrary it is the rule of mercy ; the only
rule under which punishment can be apportioned to crime,
and the certainty of infliction obtained, which reforms the
guilty and deters the innocent from its commission. It is
the rule, as I have said, that underlies a government of equal
laws, and one which the most humane, compassionate and
wisest men, seeking to save men from crime, as well to
reform the guilty, have sought to enforce both upon judges

ADDRESS TO THE COUNCIL. 579

and legislators. It is under this rule only that we can appeal
to other departments of our own government against inhu-
manity of laws, or severity of sentences. There is no author
from Montesquieu, the earliest and among the ablest of
modern writers on crimes and punishments, to the present
time, so far as I know, that does not confirm this view. I
have referred to Montesquieu's statement that clemency is
inapplicable to republican governments whose rule is virtue
or equality. I may say also, that where he speaks of the
advantages of letters of grace, that is, of pardons, it is with
reference to the popularity that monarchs attain by acts of
clemency, applied chiefly, let me say, to political oiFences as
in the recent case of Count de Montalembert, in France.

Mr. Bontham, in his essay upon the " Rationale of Pun-
ishment," states the reasons for pardon and the consequences
of its frequent application, with such force and felicity as in
this instance to realize the standard of excellence, which he
thought justified authorship, — that a work should be so per-
fect as to render valueless all written before, and prevent
further essays afterwards upon the same subject. " Remis-
sibility," that is, pardon, he says, " is the last of all the
properties that seems to be requisite in punishment. The
general presumption is that when punishment is applied,
punishment is needed ; that it ought to be applied, and there-
fore cannot be remitted. But in very particular, and those
very deplorable cases, it may by accident happen otherwise.
Punishment may have been inflicted upon an individual
whose innocence is afterwards discovered." In such cases,
he regards pardon as necessary, but also urges that penal
legislation should be such as to make remission possible.
But on the frequent defeasance of punishment by pardon,
his condemnation is emphatic and just. Hear him ! " Of
pardon, it is necessary to increase the magnitude of a pun-
ishment in proportion as it is wanting in uncertainty. The
less certain your punishments are the more severe they must
be ; the more certain your punishments are the more you
may reduce their severity. What shall we say then, of a
power expressly established to render them uncertain ? I
mean the power of pardoning : it has cruelty for its cause,
it has cruelty for its effect."

There is still stronger protest in the thoughtful language
of Beccaria, whose words illumined the age in which he
lived, and have grown brighter with every succeeding gene-
ration, as their truth has been tested by merciful legislation
and wise administration.

580 ADDRESS TO THE COUNCIL.

"As punishments become more mild, clemency and pardon are less
necessary. Happy the nation in which they will be considered as
dangerous ! Clemency, which has often been deemed a sufficient
substitute for every other virtue in sovereigns, should be excluded in
a perfect legislation, where punishments are mild, and the proceed-
ings in criminal cases regular and expeditious. This truth will
seem cruel to those who live in countries where, from the absurdity
of the laws and the severity of punishments, pardons and the
clemency of the prince are necessary. It is indeed one of the
noblest prerogatives of the throne, but at the same time a tacit
disapprobation of the laws. Clemency is a virtue which belongs to
the legislator and not to the executor of the laws ; a virtue which
ought to shine in the code and not in private judgment. To show
mankind that crimes are sometimes pardoned, and that punishment
is not the necessary consequence, is to nourish the flattering hope of
impunity, and is the cause of their considering every punishment
inflicted as an act of injustice and oppression. The government, in
pardoning, gives up the public secuinty in favor of an individual, and
by its ill-judged benevolence proclaims a public act of impunity.
Let then the executors of the law be inexorable, but let the legislator
be tender, indulgent and humane."

I have ordered these words to be printed in letters of gold,
that constantly in our sight they may fill the chamber of
pardons with the fragrance of mercy and wisdom. I might
enlarge to almost any extent authorities against a too fre-
quent intervention of executive clemency : authority of
those who have believed like Romilly, that if it were possible
to reduce punishment as a consequence of crime, to absolute
certainty, imprisonment for a few weeks only would prevent
every criminal act, not arising from sudden and ungovern-
able passion.

It may be well to inquire what has been the extent, and
what the effect of executive pardons in this State. I have
already said that the pardons granted by the governor and
council during the past year number 6S, and that remissions
ordered by overseers of jails and houses of correction enlarge
the number to 267.

The increase on the years immediately preceding is not
material, but taken in periods of five years it is worthy con-
sideration. The average number of pardons in five years
from 1853-58, was 64 ; for five years preceding, 1849-53, it
was 56. The average number of pardons from the State
prison in five years, 1853-58, were 27 ; in the five years
preceding, 1849-53, they were 16 ; in the five years, 1844-48,
they were 13. This does not show an increase dispropor-
tioned to the number of prisoners, but to justify this executive

ADDRESS TO THE COUNCIL. 581

clemency the number of prisoners should have been reduced
instead of increased.

I do not reason against the exercise of this power on the
ground of the increase of crime. The increase of crime is
is much less than appears from the results presented by
imperfect and general official returns now made. If we
take the number of criminals committed to jails and houses
of correction for trial upon the more serious criminal
charges, as exhibited upon page 590, we shall find that the
average number of commitments of this class for five years
ending 1858, was 540 ; while for the five years ending
1853, it was 338. And this with much less full returns for

the first than the last period. It is the commitments for

the minor class of offences, such as are specified on page
591, most of them ordered by justices, that swell the num-^ —
ber of criminals and darken the fame of the Commonwealth
with factitious evidences of an amount of crime that has no
actual existence. But the best evidence of actual crime is
in convictions ; and taking the returns of convictions in the
courts of the Commonwealth, for a period of ten years, not
including the justices' returns, it will appear that weightier
crimes are actually diminished in number.

Thus, the average number of convictions in the courts for
five years, ending 1852, was 1,818 ; while the average num-
ber for the five years ending 1857, repeating the number for
1852 in tins period, because of the failure in the returns for
1853, the number is 1,681 — an annual reduction of 137.
This confirms, in a still stronger manner, the conclusion,
that the frightful increase presented in the aggregate num-
bers of criminals is in those arrested for comparatively
venial offences. In one or two respects the tables exhibit
disparaging results. The class of crimes in which young
persons are more likely to be engaged, as burglary and
larceny, and in which pardons are often solicited, are largely
increased ; and the number of persons committed for crime,
" who have been in prison before," is a much larger per-
centage than is gratifying. It is more difficult to ascertain
what proportion, if any, have received pardons ; but it
would seem that there are some, from public statements of
those who have officiated as prosecuting officers.

It is not, therefore, on the ground of an increase in crime
solely, that I recommend consideration in granting pardons.
It is more in the effect produced by the practice upon all
classes in the Commonwealth. It affects the discipline of
the prison. You will learn from the Warden of the^ State

53

582 ADDRESS TO THE COUNCIL.

prison that it is rare to find a prisoner not in hope for this
result.

I learn from the highest professional authority tliat men
on the instant of conviction commence efforts for pardon.
It is stated here, in those hearings before the Council, that
prosecuting officers sometimes urge conviction upon the
ground that if it be not just a pardon can be obtained ;
there is even reason to suppose that, in some cases, weak
persons, for the protection of associates, are induced to
confess crime upon assurances that pardon will be accorded ;
and sentences of undue and sometimes of great severity are
justified by popular impression, that a man serves but little
more than half the sentence imposed. Such, gentlemen, is
the impression made upon my mind as to the results of this
practice, from evidence presented here. You will judge,
upon inquiry and experience, whether the impression is
correct. If it be, there cannot be a doubt that the practice
is injurious, and for a period, at least, should be suspended.
For we must remember that although a few friends may be
gratified, and a few individuals relieved, it may at the same
time temjjt innocent persons, increase the severity of legisla-
tion, retard reformation and impair the power of justice.

Nothing is further from my purpose than to reflect upon
any one for the result to which I have referi-ed. The ques-
tion is how to j)revent it. If I were to ask of councillors at
this board, shall we pardon during the year seventy persons
convicted of crime ? every member would give a negative
answer. Were we asked if the pardon of such a number
of prisoners does not convey an imputation upon the integ-
rity or intelligence of courts, every one of us must answer
in the affirmative. And yet, gentlemen, if we begin in the
same way, we shall reach the same conclusions. One pardon
prepares the way for another, and one-tenth of tlie number
stated being issued, the remainder I'ollows with singular
certainty. My advice, gentlemen, is, that if we would seek
n different result, we should let it be understood by the
courts, by the people, and especially by those who are
tempted into crime, that this year, upon this subject, there
is a new departure. Let us look at the constitution. The
constitutional men were wise men.

The ninth article of chapter second declares that " all
judicial officers" "shall be nominated and appointed by the
governor, by and with the advice and consent of the council."
Tlie eighth article declares that " the power of pardoning
olfences, except such as persons may be convicted of before
the senate by an impeachment of the house, shall be in the

ADDRESS TO THE COUNCIL. 583

governor, by and with the advice of conncil." The pro-
ceeding in nominating oIBcers and in pardoning criminals,
is the same. It was manitestly intended that responsibility
in both cases should attach to the governor, and I know of
no better method of restricting the exercise of the constitu-
tional power under discussion than for the executive to
accept the responsibility imposed by the constitution, and to
present to the council such cases for consideration only, as
in his judgment require that pardon should be granted.
Such is the impoi'tance of this subject in my view, that with
your consent 1 shall be willing to take upon myself this
labor and responsibility.

I desire to be understood as inimical in no respect to the
welfare of prisoners. By every method within my power
and influence, I desire to improve their condition. I shall
appeal to the legislature to proliibit by statute, cruel and
unnecessary punishments sometimes inflicted ; such I under-
stand to be, for example, that of the shower bath. I shall
appeal to those whose duty it is to determine what personal
comforts shall be allowed them, to extend their allowance
to such articles as by custom have become necessities, which
enable them contentedly to bear confinement, support alike
the physical and nervous system, and while not deleterious
to health may save them from suffering that cannot be
named, and which by proper use, as rewards and punish-
ments, may contribute materially to improve the discipline
of prisons. I would encourage the policy which now exists
of maintaining a government of restraint, not of force, still
less of cruelty, and demand for them under all circumstances
from their officers, cleanly and sufficient food and clothing,
and courteous, impartial, humane and manly treatment. I
would unhesitatingly grant pardons whenever the legislative
and judicial departments would not probably concur in
inflicting punishment ; in cases for instance, where inno-
cence is substantiated, where insufficient age or mental
power makes it impossible or improbable, that criminal intent
actually existed ; when reformation is absolutely certain, or
where death is likely to terminate any earthly judgment
upon the infirmities of men. I would demand for them of
legislation, the mildest statutes consistent with the certainty
of punishment, the welfare of the State and the safety of
the people ; but in the administration of such laws, vvliat-
ever rule shall be established, must be regarded as law for
all, and not for exceptional or individual application.

I cannot refrain from adverting to one of the strongest
grounds of appeal for pardon, arising out of undue severity

584 ADDRESS TO THE COUNCIL,

of sentence, and the inequality of punishment applied in
different cases to crimes of similar grade and character. No
existing evil of this nature confers upon iis the right of
re-examination. The law, by which we must be governed,
has placed the responsibility elsewhere ; but the facts offi-
cially presented to us render it proper that attention should
be called to the subject. Inflexible severity of sentence
establislies measurably a law of impunity and increases the
uncertainty of conviction, which is the prolific mother of
crime. Great inequality of sentences extinguishes whatever
of contrition may exist in the criminal, by favorably con-
trasting his own conscious wrong, modified as it is by
recollection of circumstances and conditions, known only
to himself, with the voluntary and unnecessary injustice
committed by the State in his own person.

1 am aware that there are occasions when novel crimes are
committed that justify the greatest severity, in order that
the commission may be checked by certain and terrible
punishment. But in all such cases, the severity is universal,
and does not therefore come within the practice to which 1
refer. It would seem that the legislature sliould provide, in
cases of extraordinary severity of sentence for an appeal to
the full bench of the court in which sentence was pro-
nounced, and authority given to lessen its rigor. There is
no greater evil connected with our criminal system than that
which pertains to inequality and undue severity of sentences,
and I trust that the day is not distant when punishment will
in no case be considered an act of violence ; when in all
cases in public and private estimation it may be immediate
and necessary ; the least possible, in the case given ; pro-
portioned to the crime and determined as far as possible by
standing laws.

Gentlemen of the Council, the general statement I have
thus presented, of official duty, is unusual I am aware, but
I trust it will not be the less acceptable. A systematic
arrangement of business, facilitates public interests. It may
in this view be expedient to make a more formal organiza-
tion and establish more definite rules for our guidance. I
anticipate from our official intercourse pleasant personal
relations, and I trust the public interests may not suffer at
our hands during the brief period in which we are charged
with responsible duties to the government and the people.

STATEMENT

OF THE NUMBER OF DAYS' ATTENDANCE, AND ANNUAL
EXPENSES OF THE COUNCIL; TOGETHER WITH THE
NUMBER OF PARDONS GRANTED, AND PETITIONS FOR

V PARDONS REJECTED, DURING TEN YEARS, 1849-58.

586

ADDRESS TO THE COUNCIL.

COUNCIL SESSIONS.

From Jan. 1 to Dec. 31.

Actual Sessions of each Council

YEARS.

Winter Ses-
sion Days.

Extra Days.

Total.

Winter Ses-
sion Days.

Extra Days.

Total.

1849, .

1850, .

1851, .

1852, .

1853, .

1854, .

1855, .

1856, .

1857, .

1858, .

119
123
144
139
145
118
156
157
150
86

17

32
32
52
47
45
70
50
61
84

136
155
176
191
192
163
226
207
211
170

110
113
123
127
126
115
144
145
138
82

27
47
45
67
59
54
82
61
68
81

137
160
168
194
185
169
227
206
206
163

EXPENSES OE THE COUNCIL.

Year.
1849,
1850,

1851,
1852,
1853,
1854,
1855,
1856,
1857,
1858,

^3,779 00
4,918 00
5,153 00
5,418 00
6,104 00
7,303 00
9,596- 00
8,901 00
8,747 50
8,701 00

ADDRESS TO THE COUNCIL.

587

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588

ADDRESS TO THE COUNCIL.

RECAPITULATION— PARDONS, &c.

1849,
1850,
1851,
1852,
1853,
1854,
1855,
1856,
1857,
1858,

Totals,

PETITIONS FOR PARDON REJECTED.

YEAE.

No.

By -whom Eetumed.

1849, . . . .

_

No return.

1850,

-

No return.

1851,

80

Lieutenant-Governor Cushman.

1852,

75

" " Cushman.

1853,

60

" " Huntington.

1854,

102

" " Plunkett.

1855,

68

" " Brown.

1856,

76

" " Benchley.

1857,

100

" " Benchley.

1858,

121

" " Trask.

STATEMENT

OF THE NUMBER OF PRISONERS COMMITTED TO JAILS
AND HOUSES OF CORRECTION FOR DIFFERENT CLASSES
OF CRIME IN TEN YEARS, 1849-58; ALSO NUMBER OF
CRIMINAL CONVICTIONS FOR NINE YEARS.

64

590

ADDRESS TO THE COUNCIL.

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^1

STATEMENT

OF THE AVERAGE NUMBER OF CONVICTS IN THE STATE
PRISON, AND NUMBER OF PARDONS GRANTED FOR
TWENTY YEARS, 1839-58; ALSO, THE NUMBER OF
PRISONERS THAT HAVE BEEN DISCHARGED FROM
JAILS AND HOUSES OF CORRECTION BY ORDER OF
COURT, OR OTHERWISE ; TOGETHER WITH THE NUM-
BER THAT HAVE BEEN IN PRISON BEFORE FOR TEN
YEARS, 1849-58.

594

ADDRESS TO THE COUNCIL.

TWENTY YEARS' TABLE,

Exhibiting the average number of Convicts in confinement at the State
Prison, together with the number of Pardons granted, 1839-58.

1839,
1840,
1841,
1842,
1843,
1844,
.1845,
1846,
1847,
1848,

Average
number.

Pardoned.

-

7

-

14

333

26

304

10

270

23

271

15

284

12

262

7

262

7

287

27

1849,
1850,
1851,
1852,
1853,
1854,
1855,
1856,
1857,
1858,

Average
number.

320
411
466
483
484
493
483
455
440
469

Par(loned.

16
10
13
20
22
26
26
27
29
26

ADDRESS TO THE COUNCIL.

595

TEN YEARS' TABLE,

Exhibiting the number of Prisoners discharged from the Jails and
Houses of Correction by order of Court, number discharged as poor
Convicts, number pardoned, number that have been in Prison before
and the whole number committed for Crime ; compiled from the
Annual Returns for the years 1849-58, inclusive.

YEAR.

>>

a
•a

1 «
Is
! o

a ■s

3 O

Number discharged as '
poor convicts, unable
to pay fine and costs.

Number pardoned, in-
cluding those dis-
charged by overseers.

Number that have been
in prison before for
crime.

a

o

M a

1!

1^

1849,

1850,

1851,

1852,

1853,

1854,

1855,

1856,

1857, (11 months,)

1858,

1,006
865
671
507
937
584
886
272

1,771
586

T3

a

^ 1

a

3

J a

1,715
2,204

<o
M

!§

O

.2

3

a

166

202

366

156

84

139

177

570

2,029

1,824

5,345
5,558
6,666
6,168
9,325
9,900
11,435
9,118
7,251
7,808

Totals, .

8,085

3,919

5,713

78,574

HOUSES OF CORRECTION.

1849,

■^

-d

196

557

3,030

1850,

1

'^

-^

157

803

3,203

1851,

M

%

164

840

3,175

1852,

c«

O

191

828

3,185

1853,

o

} ^

182

733

3,566

1854,

1 ^

_o

182

1,064

4,725

1855,

.2

165

964

4,597

1856,

a> 1

3

192

938

4,930

1857, (11 months,)

3

188

1,329

5,169

1858,

J : 1,426

267

1,281

5,996

Totals, .

1,426

1,884

9,337

41,576

596

ADDRESS TO THE COUNCIL.

JAII.S

AND HOUSES OF CORRECTION.

>>

« S f

i .2 £

i^

a

5

■g g o

-a £

« s

" «

YEAR.

1 o

2 O

ischarg
victs, u
ne and

lardone

those

by ove;

a a,

S3 1

u °

S "2

3 O

umber d
poor con
to pay fi

umber p
eluding
charged

imber th
n prisoi
!rlme.

a 15

* *
o S

^,

^

^<

•a '

^

1849,

1,006

_

190

723

8,375

1850,

865

-

157

1,005

8,761

1851,

671

-

164

1,206

9,841

1852,

507

-

191

984

9,353

1853,

937

_

182

817

12,891

1854,

584

—

182

1,203

14,625

1855,

886

—

165

1,141

16,032

1856,

272

_

192

1,508

14,048

1857, (11 months,) .

1,771

1,715

188

3,358

12,420

1858,

586

3,630

267

3,105

13,804

Totals, .

8,085*

5,345 1

1,884 1

15,050 §

120,15011

* The " number discharged by order of Court" is not given in the returns
of the jails at Ipswich, Northampton, and Worcester, for 1849 ; Edgartown
and Worcester, for 1850; Greenfield, New Bedford, and Northampton,
for 1851 ; Boston, Cambridge, and Northampton, for 1852 ; Barnstable,
Cambridge, Concord, Ipswich, Lowell, and Provincetown, for 1853 ; Barn-
stable, Boston, Concord, Ipswich, Plymouth, and Springfield, for 1854;
Boston, Greenfield, Nantucket, Newburyport, Provincetown, and Spring-
field, for 1855 ; Barnstable, Boston, Cambridge, Edgartown, New Bed-
ford, Provincetown, and Springfield, for 1856 ; Cambridge, Concord,
Lovv^ell, Northampton, and Salem, for 1857.

f The " number discharged as poor convicts, unable to pay fine and
costs," is not given in the returns of the jails at Concord and Salem, for
1857.

X The " number pardoned," is not given in the returns of the houses of
correction at Barnstable, Lenox, and Northampton, for 1849; Barnstable,
Greenfield, and Northampton, for 1850 ; Greenfield, Lenox, and North-
ampton, for 1851; Barnstable, for 1852; Springfield, for 1854; Barn-
stable, Nantucket, and Provincetown, for 1856 ; and Dedham, for 1857.

§ The " number that have been in prison before " is not given in the
returns of the jails at Barnstable, Boston, Concord, Dedham, Edgartown,
Nantucket, Worcester, and house of correction at Plymouth, for 1849;
jails at Boston, Concord, Dedham, Edgartown, Lenox, Plymouth, and
houses of correction at Greenfield, Lenox, and Plymouth, for 1850; jails
at Boston, Cambridge, Concord, Dedham, Edgartown, Greenfield, New
Bedford, Northampton, and houses of correction at Northamjston and
Plymouth, for 1851 ; jails at Barnstable, Boston, Cambridge, Concord,
Nantucket, Newburyport, and Salem, and house of correction at Plymouth,
for 1852; jails at Boston, Cambridge, Concord, Greenfield, Dedham,

ADDRESS TO THE COUNCIL.

597

Lowell, Taunton, Salem, "Worcester, and house of correction at Worcester,
for 1853 ; jails at Barnstable, Boston, Cambridge, Concord, Edo-artown,
New Bedford, Lowell, Plymouth, Salem, Springfield, Worcester, and
houses of correction at Greenfield and Worcester, for 1854 ; jails at
Boston, Cambridge, Dedham, Lawrence, Lowell, New Bedford, Plymouth,
Springfield, Taunton, Worcester, and houses of correction at Greenfield,
Northampton and Worcester, for 1855; jails at Boston, Dedham, Edo-ar-
town, Ipswich, Lowell, New Bedford, Northampton, Provincetown, Sprino--
field, Worcester and houses of correction at Nantucket, New Bedford,
Provincetown, and Worcester, for 1856; jails at Concord, Edgartown,
LaAvrence, New Bedford, Newburyport, Provincetown, Taunton, and
houses of correction at Northampton and Provincetown, for 1857 ; jails at
Cambridge, Concord, Lowell, New Bedford, Northampton, Worcester, and
houses of correction at Cambridge, Ipswich, Northampton and Worcester,
for_^1858.

II The united number of those committed to the jails and to houses
of correction, presents au exaggerated view of the whole number of
offenders, for the reason that many vs^ho have been committed to jails, and
embraced in their returns, have, after trial, been committed to houses of
correction for the same offence, and of course again enumerated in their
returns. The number thus sent from jails to houses of correction was, in

1849, .

468

1850, .

566

1851, .

490

1852, .

455

1853, .

543

1854, .

588

1855, .

696

1856, .

596

1857, (11 months,)

722

1858, .

789

10 years,

5,913

55

598 ADDRESS TO THE COUNCIL.

STATUTE PROVISIONS

For the discharge of Convicts in Jails and Houses of Correction other-
wise than hy a pardon or the expiration of sentence.

Whenever it shall appear to the overseers or directors of any house
of correction, house of industry or workhouse, that any person there
confined, on a conviction before any justice of the peace, of either of
the offences mentioned in the fifth section [i. e. the offences of being
a rogue, vagabond, an idle and dissolute person going about begging,
a juggler, a common piper or fiddler, a stubborn child, a runaway, a
common drunkard, common night-walker, a pilferer, a lewd, wanton
and lascivious person m speech or behavior, a common railer or
brawler or a person who neglects his calling or employment, misspends
what he earns and does not provide for himself and family, venders of
liquors, &c., a petty thief, or idle and disorderly person,] except steal-
ing, has reformed and is willing and desirous to return to an orderly
course of life, they may, in their discretion, by a written order, dis-
charge such person from confinement ; and if such person shall have
been committed by the court of common pleas, the municipal court
of the city of Boston, or any police court, he may be discharged by
such courts respectively upon the recommendation of the overseers
or directors. — Rev. Stat., ch. 143, sect. 13.

When any poor convict shall have been confined in prison in any
county, except the county of Suffolk, for the space of three months,
for fine and costs only, or for either of them, the jailer shall make
report thereof, to any two justices of the peace — one of whom shall
be of the quorum — and if they (i. e., the justices,) shall be satisfied
that the statement in such report is true, and that the convict, since
his conviction, has not had any estate, real or personal, with which
he could have paid the sum for which he stood committed, they shall
direct the sheriff to discharge such convict. — Rev. Stat., ch. 145,
sect 3.

Revised Statutes, chapter 143, section 11, provides for the appoint-
ment of the overseers of the houses of correction.

Statutes 1852, section 113, provides for the same in the county of
Suffolk.

CHANGE OE NAMES.

Secretary's Department, 1859.

By the 256tli 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 counties
shall annually, in the month of December, make a return 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." In compliance therewith, returns of
the following changes of names have been received at this
Department, as decreed by the several Judges of Probate
and Judges of Probate and Insolvency for their repective
counties, in the year 1858.

SUFFOLK COUNTY.

George R. Curran, takes the names of Stukely S. Wescott.

Caroline Tinkham Grinnell, takes the name of Caroline
Grinnell Smith.

Michael Gibbs, junior, takes the name of Melville Shields
Gibbs.

George Thomas Gillett, takes the name of George Thomas
Phinney.

Mary McGregor, takes the name of Gertrude Eleanor
Baker.

Newell Campbell Rogers, takes the name of Newell Rogers
Campbell.

Hinman Stevens, takes the name of Hiram Stevens.

Minnie Stall, takes the name of Nellie Florine Barton.

Celia Maria Sawyer, takes the name of Celia Maria Ham-
ilton.

Harriet Ann Webber, takes the name of Hattie Tarbox.

Charles Forbush Warren, takes the name of Jonathan
Charles Warren.

600 CHANGE OF NAMES.

ESSEX COUNTY.

February 2, 1858. Enoch S. Dole and his wife, of Row-
ley, adopt Mary Noonan, daughter of Daniel Noonan, of
Steuben, Maine, and said Mary takes the name of Ella
Dole. Eli 0. Bartlett and his wife, of Marblehead, adopt
Albert Knight, son of William Knight, of Gloucester, and
said Albert takes the name of Eli Vickery Bartlett.

March 6. Amos Abbott, 2d, of Andover, takes the name
of Amos Chandler Abbott.

March 30. Conrad Henser, of Ipswich, takes the name of
Conrad Henser Brooks.

April 6. Charles Dunn and Margery Dunn, his wife, of
Marblehead, and their minor children, Alexander W., Hen-
rietta C, Thomas W., and Mary Ellen, take the name of
Wilson.

June 8. Matthew E. MacDaniel and Mary Elizabeth
MacDaniel, his wife, and their children, George Emery and
Charles Frank, take the name of Daniel. Micajah R. Dan-
forth, and his wife, of Bradford, adopt Elinor J. Brown,
daughter of Joseph W. Brown, of Haverhill, and said Elinor
takes the name of Nellie J. Danforth.

July 20. Ellen Kemble Oliver, daughter of Henry K.
Oliver, of Lawrence, takes the name of Ellen Wendell
Oliver.

November 2. Ira P. Brown and wife, of Lynn, adopt
Mary Ann Meagher, daughter of James and Ann Meagher,
and said Mary takes the name of Arietta Brown.

November 16. Horace L. Connolly, of Salem, takes the
name of Horace Ingersoll.

MIDDLESEX COUNTY.

January 5, 1858. Henry Wight and wife, of Wayland,
adopt James Richardson, a minor, and said James takes the
name of George Wight.

January 26. Joseph A. Adams and wife, of Melrose,
adopt Eleanor White, a minor, and said Eleanor takes the
name of Ellen Metcalf Adams.

February 23. J. Brooks Leathe and wife, of Reading,
adopt Priscilla Alley, a minor, and said Priscilla takes the
name of Priscilla Augusta Leathe. Harris Welch and wife,
of Charlestown, adopt George Harris Thompson, a minor,
and said George takes the name of George Harris Welch.

March 23. Justus Richardson and wife, of Dracut, adopt
George Albert Hayward, a minor, and said George takes the
name of George Albert Hayward Richardson.

CHANGE OF NAMES. 601

April 6. William Edward Tuckerman, of Lowell, takes
the name of Edward Gustavus Tuckerman.

April 13. Myranda Button and his wife, of Carlisle,
adopt Sarah Elizabeth Fletcher, a minor, and said Sarah
takes the name of Sarah Elizabeth Button. George G. Fair-
banks and his wife, of Somerville, adopt Angelia Leighton, a
mhior, and said Angelia takes the name of Annie Leighton
Fairbanks.

May 11. Nathaniel G. Pearsons and his wife, of Lowell,
adopt Mary Josephine Thomas, and said Mary takes the name
of Mary Josephine Pearsons.

June 8. Daniel Raymond and his wife, of Lowell, adopt
Lizzie Sophia Watts, a minor, and said Lizzie takes the name
of Lizzie Sophia Raymond.

June 22. William E. Robbins and his wife, of Holliston,
adopt Evangeline Farrington, a minor, and said Evangeline
takes the name of Julia Maria Robbins. Sylvanus R.
Wetherbee and his wife, of Newton, adopt Arethusa Jame-
son, a minor, and said Arethusa takes the name of Zilla
Wetherbee. Lewis L. Whitney and his wife, of Woburn,
adopt Henry Bigelow Somes, a minor, and said Henry takes
the name of Lewis Henry Whitney.

August 10. Levi Goodnough and his wife, of Sudbury,
adopt Mary Grace Moore, a minor, and said Mary takes the
name of Mary Grace Goodnough.

October 5. Almon Twing and his wife, of Lincoln, adopt
Emma Loheed, a minor, and said Emma takes the name of
Hattie Twing.

October 26. George M. Pierce and his wife of Holliston,
adopt Ella Faxon, a minor, and said Ella takes the name of
Ella Jane Pierce.

November 9. Esther Sawyer, of Lowell, adopts Frances
Ellen Wight, a minor, and said Frances takes the name of
Frances Ellen Sawyer.

November 23. Ehza Stratton, of Charlestown, takes the
name of Ehza Tufts. Joseph Simonds and his wife, of
Cambridge, adopt Catherine Clinton Porter, a minor, and
said Catherine takes the name of Catherine Porter Simonds.
Joseph Birnstill and his wife, of Newton, adopt Gustav
Ernst Friedrich Regen, a minor, and said Gustav takes the
name of Gustav Ernst Friedrich Regen Birnstill.

Becember 7. George F. Butterfield and his wife of Low-
ell, adopt Mary Elizabeth Robinson, a minor, and said Mary
takes the name of Mary Elizabeth Butterfield.

Becember 28. Martin Merkle and his wife, of Cambridge,
adopt Elizabeth Locke, a minor, and said Elizabeth takes the
name of Elizabeth Merkle.

602 CHANGE OF NAMES.

WORCESTER COUNTY.

January 5, 1858. Charles Kiiowlton, and Maria L.
Knowlton, his wife, of Holden, adopt Willie Fairbanks Hub-
bard, and said Willie takes the name of Willie Fairbanks
Knowlton. Charles H. Ballard, and Eliza J. Ballard, his
wife, of Worcester, adopt Frances L. Simpson, and said
Frances takes the name of Fannie Louisa Ballard.

March 2. Ephraim W. Houghton, and Caroline L.
Houghton, his wife, of Harvard, adopt Ella Girtrude Jewett,
and said Ella takes the name of Ella Girtrude Houghton.

April 6. William Walkden, and Betty Walkden, his wife,
of Worcester, adopt Mary Frances Cunliffe, and said Mary
takes the name of Mary Frances Walkden. John Welch,
and Mary Jane Welch, his wife, of Worcester, adopt Thomas
Conroy, and said Thomas takes the name of Thomas Conroy
Welch. Rodolphus A. Johnson, and Lurena Johnson, his
wife, of Upton, adopt Dianna Maria Lurena Wood, and said
Dianna takes the name of Dianna Maria Lurena Johnson.

June 1. Isaac Mundell, and Eliza Mundell, his wife, of
Hubbardston, adopt Silas Holt, and said Silas takes the
name of Henry Isaac Hilton Mundell. James F. Estey, and
Emily H. Estey, his wife, of Worcester, adopt Ann Eliza
Jones, and said Ann takes the name of Ann Jones Estey.

August 3. Sarah B. Jackman, of Warren, takes the name
of Sarah B. Whipple.

October 5. Alvin Hall, and Emily F. Hall, his wife, of
Worcester, adopt Henrietta Evelyn Morse, and said Henri-
etta takes the name of Henrietta Evelyn Morse Hall. Gil-
bert Pierce, and Mary Ann Pierce, his wife, of Worcester,
adopt Jane Elizabeth Rice and Genette Rosella Rice, and
the said Jane and Genette take the respective names of
Jane Elizabeth Pierce and Genette Rosella Pierce. Benja-
min H. Folger, and Delia H. Folger, his wife, of Milford,
adopt Grace Thatcher, and said Grace takes the name of
Minnie Idella Folger.

December 7. Almirah B. Davenport, of Mendon, takes
the name of Almirah B. Cumminsrs.

HAMPSHIRE COUNTY.

January 5, 1858. Thomas Cogan, a minor, of Ware,
takes the name of Thomas Raymond.

February 2. James R. Selman and his wife, adopt Willie
Duane Ward, a minor, of Northampton, and said Willie
takes the name of Willie Duane Selman.

CHANGE OF NAMES. 603

April 6. Ziba Woods and his wife, of Ware, adopt
Dwight Thomas Robbins, a minor, and said D wight takes" the
name of Tliomas Dwight Woods.

May 4. Henry Hawes and his wife, of Middlcfield, adopt
Isabella Fowler, a minor, and said Isabella takes the name
of Lida Belle Hawes.

August 3. Ira 0. Burleigh and his wife, of Huntington,
adopt Mary Ann Savary, and said Mary takes the name of
Helen Burleigh.

December 7. George Franklin, of Belchertown, a minor,
takes the name of George Franklin Amidon.

FRANKLIN COUNTY.

April 27, 1858. James Wheaton and his wife, of Wendell,
adopt Clarence Alburtus Taylor, a minor, and said Clarence
takes the name of Clarence Alburtus Wheaton.

May 11. Edwin Ware, of Deerfield, adopts Frances S.
Stebbins, and said Frances takes the name of Fannie Stebbins
Ware. Ralph Wilhelmi and his wife, of Deerfield, adopt
William Garrotte, Jr., a minor, and said William takes the
name of Edwin Max Wilhelmi.

BERKSHIRE COUNTY.

January 5, 1858. Chester R. Cornell, adopts Lucy Jane
Sparks, and said Lucy takes the name of Lucy J. Cornell.
Thomas Gamble, adopts George Wilson, and said George
takes the name of David W. Gamble.

January 13. Waterman Brown, adopts Charity Adelia
Brennin, and said Charity takes the name of Adelia Brown.

March 2. Jonathan Gross Barnard, takes the name of
John Gross Barnard.

April 6. David Stilson, adopts Juliette Neal, and said
Juliette lakes the name of Juliette Stilson.

May 24. Michael Flannagan, takes the name of Charles
Pitt Frissell.

July 27. John Proctor, adopts Sarah Jane Fleming, and
said Sarah takes the name of Sarah J. Proctor.

October 13. Sylvanus Clark, adopts George Stillman
Hart, and Elliot Eugene Childs, and said George and Elliot
take the names of George Stillman Clark, and Elliot Eugene
Clark.

604 CHANGE OF NAMES.

NORFOLK COUNTY,

May 8, 1858. Theodore Hooton, of Dorchester, a minor,
takes the name of Walter Henry Brock.

June 5. Mary Louisa Walker, of Canton, a minor, takes
the name of Mary Louisa Chase.

July 6. John Henry Brightman, of Medfield, a minor,
takes the name of Albert Davis Kingsbury.

PLYMOUTH COUNTY.

Sidney T. Ford, of Duxbury, takes the name of Elijah T.
Ford.

BARNSTABLE COUNTY.

Charles H. Haskell, of Dennis, takes the name of Charles
H. Swift.

Cyreno Franklin Pierce, of Truro, takes the name of
Israel Franklin Pierce.

Freeman Ryder, 2d, of Harwich, takes the name of Free-
man Gage.

Willis G. Hallet, of Yarmouth, takes the name of Simeon
Hallet.

Henry Baker, of Barnstable, takes the name of Henry H.
Baker.

Mary Caroline Whelden, of Barnstable, takes the name
of Mary Caroline Bursley.

No application for change of name has been made to the
Judges of Probate, or Judges of Probate and Lisolvency
for the counties of Hampden, Bristol, Dukes and Nantucket,
during the year 1858.

MEMBERS OF THE THIRTY-SIXTH CONGRESS.

SENATORS.

CHARLES SUMNER, of Boston.
HENRY WILSON, of Natick.

REPRESENTATIVES.

District I.— THOMAS D. ELIOT, of Neio Bedford.
IL— JAMES BUFFINGTON, of Fall River.
IIL— CHARLES F. ADAMS, of Quincy.
IV.— ALEXANDER H. RICE, of Boston.
v.— ANSON BURLINGAME, of Cambridge.
VL— JOHN B. ALLEY, of Lynn.
VII.— DANIEL W. GOOCH, of Melrose.
VIIL— CHARLES R. TRAIN, of Framingham.
IX.— ELI THAYER, of Worcester.
X.— CHARLES DELANO, of Northampton.
XL— HENRY L. DAWES, of Adams.

56

JUSTICES OF THE SUPREME JUDICIAL COURT.

CHIEF JUSTICE,

LEMUEL SHAW, of Boston.

ASSOCIATE JUSTICES.

CHARLES A. DEWEY, of Northampton.
THERON METCALF, of Boston.
GEORGE T. BIGELOW, of Boston.
PLINY MERRICK, of Boston.
EBENEZER R. HOAR, of Concord.

JUSTICES OF THE SUPERIOR COURT.

CHIEF JUSTICE.

CHARLES ALLEN, of Worcester.

ASSOCIATE JUSTICES.

JULIUS ROCKWELL, of Pittsfield.
OTIS P. LORD, of Salem.
MARCUS MORTON, Jr., of Andover.
EZRA WILKINSON, of Dedham.
HENRY VOSE, of Springfield.
SETH AMES, of Cambridge.
THOMAS RUSSELL, of Boston.
JOHN P. PUTNAM, of Boston.
LINCOLN F. BRIGHAM, of New Bedford.

THE

CIVIL GOVERNMENT

OF THE

Commonfaealtlj of Passadjuseits,

AND OFFICERS IMMEDIATELY CONNECTED THEREWITH,
FOR THE POLITICAL YEAR, 1859.

CIVIL GOVERNMENT — 1859.

HIS EXCELLENCY

NATHANIEL P. BANKS,

GOVERNOR.

HIS HONOR

ELIPHALET TRASK,

LIEUTENANT-GOVERNOR.

COUNCIL— (By Districts).
I.— JACOB SLEEPER, \ V.— LYMAN DIMOCK,

IL— GEORGE COGSWELL, VI.— AARON C. MAYHEW,
in.— WILLIAM J. EAMES, VII.— J. McKEAN CHURCHILL
IV.— AUSTIN L. ROGERS, I VIII.— FRANKLIN AMES.

OLIVER WARNER,

Secretanj of the Commonioealth.
CHAS. W. LOVETT, 1st Clerk. ALBERT L. FERNALD, 2d Clerk.

MOSES TENNEY, Jr.,

Treasurer and Receiver-General of the Commonwealth.
DANIEL H. ROGERS, 1st Clerk. JOHN H. SMITH, 2d Clerk.

CHARLES WHITE,

Auditor of Accounts.
WILLIAM EVELETH, Clerk.

SAMUEL O. UPHAM,

Messenger to the Governor and Council,

GENERAL COURT

ARRANGED IN ACCORDANCE WITH THE DISTRICT SYSTEM OF 1867, WITH THE
NAMES AND RESIDENCES OF MEMBERS.

SENATE.

Presidenl—CU AB.LES A. PHELPS.

District. Name of Senator.

Residence.

First Suffolk, .

Nehemiah Boynton,

Chelsea.

Second " . .

Oliver Frost, . .

Boston.

Third "

Thomas P. Rich, .

((

Fourth "

Charles A. Phelps,

a

Fifth

George Odiorne, .

11

First Essex, . .

William Fabens, .

Marblehead.

Second " . .

J. B. F. Osgood, .

Salem.

Third " . .

George L. Davis, .

North Andover.

Fourth, " . .

Benjamin Evans, .

Salisbury.

Fifth, " . .

Warren Tilton, . .

Beverly.

First Middlesex,

Eugene L. Norton,

Charlestown.

Second "

John M. S. Williams,

Cambridge.

Third " .

John W. Bacon, .

Natick.

Fourth, "

George M. Brooks,

Concord.

Fiflh, " .

Horace Conn, . .

Woburn.

Sixth,

Benjamin F. Butler,

Lowell.

Central Worcester,

Dexter F. Parker,

Worcester.

610

SENATE.

District.

Name of Senator.

Kesidence.

South-East Worcester,

John George Metcalf, . .

Mendon.

South-West "

William Upham, ....

Spencer.

West "

Charles Field,

Athol.

North-East "

WiUiam D. Peck, ....

Sterling.

East "

Abraham M. Bigelow, . .

Grafton.

Hampshire, ....

Horatio G. Knight, . . .

Easthampton.

Franklin,

Carver Hotchkiss, ....

Shelburne.

Hampshire & Franklin,

Davis Goddard, ....

Orange.

West Hampden, . .

Aaron Bagg

West Springfield.

East " , .

George Walker, ....

Springfield.

North Berkshire, . .

James T. Robinson,* . . .

Adams.

South " . .

John Branning, ....

Lee.

North Norfolk, . . .

Edward G. Parker, . . .

Brookline.

East " ...

Charles A. French, . . .

Stoughton.

West " ...

Milton M. Fisher, ....

Medway.

North Bristol, . . .

Homer M. Daggett, . . .

Attleborough.

South " ...

Joseph W. Cornell, . . .

New Bedford.

West " ...

Robert T. Davis, ....

Fall River.

North Plymouth, . .

Perez Simmons, ....

Hanover.

South " ...

Ezekiel R. Sawin, ....

Fairhaven.

Middle « ...

William T. Davis, ....

Plymouth.

Cape,

John W. Atwood, ....

Chatham.

Island,

Ichabod N. Luce, ....

Edgartown.

STEPHEN N. GIFFORD, aet

JACOB M. MANNING, Chapl

JO

^- 1 WiLLUM M. Wise, D
tin. 1 Samuel S. Wells, As
HN MORISSEY, Sergeant-at-Arms.

oor-keeper.

sistant Boor-keeper.

* Resigned and Samuel W. Bowbrman, of Adams, chosen to fill vacancy.

HOUSE OF REPRESENTATIYES.

Speaker— C H A R L E S HALE.

COUNTY OF SUFFOLK.

Town or Ward,

Name of Kepresentative.

1st,
2d,

3d,
4tli,
5th,
6th,
7th,
8th,
9th,
10th,
11th,

12th,

Ward 1, Boston,

Ward 2, Boston,

Ward 3, Boston,
Ward 4, Boston,
Ward 5, Boston,
Ward G, Boston,
Ward 7, Boston,
Ward 8, Boston,
Ward 9, Boston,
Ward 10, Boston,
Ward 11, Boston,

Ward 12, Boston,

George W. Parmenter,
Martin Griffin, . .

Amos A. Dunnels,
Stephen N. StoekAvell
Edward F. Porter,

Asa D. Pattee, . .
John C. Tucker, .

John H. Wilkins, .
Charles Hale, . .

Edward Sands,
Frederick Whiton,

Thornton K. Lothrop
INlartin Brimmer, .

Samuel Hatch, . .
Patrick Riley, . .

George A. Shaw, .
Thomas H. Russell,

Alex. H. Twombly,
Thomas D. Morris,

Nathaniel C. Nash,
Moses Kimball,

Pliny NIckerson, .
Amos B. Merrill, .

Daniel Hall, . .
Judah Sears,
Benjamin Lewis, .

Boston.
Boston.

a
((

Boston.

((

Boston.

((

Boston.

((

Boston.

a

Boston.

ii.

Boston.
((

Boston.

((

Boston.

n

Boston.

u

Boston.

612

HOUSE OF REPRESENTATIVES.

COUNTY OF SUFFOLK— Continued.

District.

Town or Ward.

Name of Representative.

llesidence.

13th,

( Chelsea, )

) North Chelsea, . . >•
(Wintlirop, . . . .)

John Bent, ....
Mellen Chamberlain, .

Chelsea.

COUNTY OF ESSEX.

1st,

^Amesbury, .
< Salisbury, .
( Newburyport,

i

Winthrop 0. Evans, .
Elbridge M. Morse, .

Newburyport.

Amesbury.

2d,

Andover, .

William Chickering, .

Andover.

3d,

( Beverly,
■< Wenham, .
(Topsfield, .

i

James Hill, ....
Thomas A. Morgan, .

Beverly.

a

4th,

Danvers,

Francis P. Putnam, .

Danvers.

5th,

( Essex, . .
\ Manchester,

Luther Allen, . . .

Manchester.

6th,

( Georgetown,
I Groveland, .

Edwin B. George,

Groveland.

7th,

Gloucester, .

John J. Babson, . .
Jeremiah R. Cook, .

Gloucester.

8th,

Haverhill, .

Nathan S. Kimball, .
James Russell, . . .

Haverhill.

9th,

J Ipswich, . .
( Hamilton, .

Ebenezer Cogswell, .

Ipswich.

10th,

( Wards 3 and 4, Law-
\ rence, . . .

A. J. French, . ...

Lawrence.

11th,

(Wards 1, 2,
\ Lawi'ence,

and 6

I

George W. Benson,*

Lawrence.

12th,

Wards 2 and 5

, Lynn

?

John Lovejoy, . . .

Lynn.

13th,

^ Wards 1, 6,
( Lynn,

and 7

) f

Dean Peabody, . .

Lynn.

14th,

5 Marblehead & Ware
( 5, Salem, . .

n

Thomas D. Hamson, .
Benj. G. Hathaway, .

Marblehead.

* Deceased.

HOUSE OF REPRESENTATIVES.
COUNTY OF ESSEX— Continued.

613

District.

Town or Ward. Name of Representative.

Residence.

15th,

5 Methuenand Ward5, )
\ Lawrence, . . . )

George W. Butters, .

Methuen.

16th,

( Nahant and Ward 4, )
I Lynn, . . . .;

Gustavus Atwill, . .

Lynn.

17th,

( Newbury, ....')
■< West Newbury, . . >•
( Rowley, )

Gorham P. Sargent, .

Newbury.

18th,

5 Wards 1 and 2, New- )
\ buryport, . . .\

Caleb Cushing, . .

Newburyport.

19th,

( Wards 3, 4, and 5, )
I Newburyport, . ^

Rich'd S. Spofford, Jr.,

Newburyport.

20th,

r Bradford, . . . .^
■< North Andover, . . >
(Boxford, . . . .)

Samuel Raymond,

North Andover.

21st,

Rockport, ....

Henry T. Lowe, . .

Rockport.

22d,

Wards 1 & 3, Salem,

George Upton, . . .

Salem.

23d,

(Wards 2, 4, and 6,)
I Salem, . . . . )

Stephen A. Chase, .
Charles W. Upham, .

Salem.

24th,

( Saugus, ■)

■} Lynnfield, ....>•
(Middleton, . . . .)

Benjamin Howe, . .

Middleton.

25th,

South Danvers, . .

Eben S. Poor, . . .

South Danvers.

26th,

( Swampscott & Ward )
\ 3, Lynn, . . . . j

Oliver M. Stacey,

Lynn.

COUNTY OF MIDDLESEX.

1st,
2d,

3d,

4th,

Ward 1, Charlestown,

( Wards2 & 3, Charles-
I town,

Somerville, ....
Maiden, ....>,

Edward Lawrence,* .

Joseph Caldwell, . .
Lyman Pray, .
James F. Dwinell,

Charlestown.
Charlestown.

Isaac F. Shepard, . . Somerville.
John Q. A. Griffin, . Maiden.

* Resigned, and Ebenezer Barker chosen to fill vacancy.
67

HOUSE OF REPRESENTATIVES.

COUNTY OF MIDDLESEX— Continued.

Town or Ward.

Name of Representative.

5th,
6th*

7th,

8th,
9th,*

10th,

11th,
12th,

13th,

14th,
15th,

16th,

17th,

18th,
19th,
20th,

Medford, . . .

West Cambridge,
Winchester, . .

Cambridge,

( Newton, . .
I Brighton, .

J Watertown,
I Waltham, .

( Concord,
< Lincoln, . .
( Weston, . .

Natick, . .

( Holliston, .
I Sherborn, .

( Ashland,
I Hopkinton,

Framingham,

Marlborough,

(' Stow, . .
■} Sudbury,
( Wayland, .

f Acton, . .
J Boxborough,
j Littleton,
1_ Carlisle, . .

(Burlington, .
} Bedford, .
(^ Lexington, .

Woburn, . .

S South Reading,
Melrose, . .
Stonehani, .

Elisha Hayden,

Oliver R. Clark, .

William T. Richardson,
Alanson Bigelow, .
Nathan K. Noble, .

Thomas Rice, Jr., .
Edward J. Collins,

Joseph Crafts, . .
Josiah Rutter, . .

George W. Warren, .

Benjamin F. Ham, .
Nathaniel Dowse, . .

William F. Ellis, . .

James W. Brown,
John Phelps, . . .

Benjamin W. Gleason,
Shattuck Hartwell, .

A. W. Crowninshield,

Nathan Wyman, . .

Lorin L. Fuller, . .
J. Parker Gould, . .

Medford.

Winchester.
Cambridge.

u

Newton.

Watertown.
Waltham.

Weston.

Natick.
Sherborn.

Ashland.

Framingham.
Marlborough.

Stow.
Littleton.

Lexington.

Woburn.

Melrose.
Stoneham.

* Town of Belmont incorporated 1859, embracing portions of Districts 6 and 9.

HOUSE OF REPRESENTATIVES.
COUNTY OF MIDDLESEX— Continued.

(U5

Town or Ward.

Name of Kepresentative. | Residence.

21st,
22d,

23d,

24th,

25th,

26th,
27th,

( Reading, . . . . )

I North Reading, . . |

( Wihnington, . . . ^

■< Tewksbury, . . . i-

( Billerica, . . . . )

Wards 1, 2, and 5, \
Lowell, . . . .1

Wards 3, 4, and 6, )
Lowell, .... 1

( Chelmsford,

■< Dracut, .

( Tyngsborough,

r Shirley, . .

Grot on, . .

-{ Dunstable, .

I Westford, .

1^ Pepperell, .

( Townsend, .
I Ashby, . .

Stillman E. Parker,

Jacob Coggin, .

Marcus A. Thomas,
Sullivan Tay, . .
John C. Woodward,

Tappan Wentworth,
Walter Burnham, .
John A. Goodwin,

Nathan B. Edwards,

James P. Longley,
Charles Babbidge,

Noah Ball,

Reading.

Tewksbury.

Lowell.

(I

((
Lowell.

Chelmsford.

Shirley.
Pepperell.

Townsend.

COUNTY OF WORCESTER.

1st,

( Ashburnham,
\ Winchendon,

}

J. D. Crosby, . . .

Ashburnham.

2d,

j Athol, . .
\ Royalston, .

}

George Whitnej', . .

Royalston.

3d,

( Dana, . .

-| Petersham, .
( Phillipston, .

1

Russell Carruth, . .

Phillipston.

4th,

5 Templeton, .
1 Hubbardston,

3

Aaron Greenwood, .

Hubbardston.

5th,

( Gardner, .
\ Westminster,

}

William Mayo, . . .

Westminster.

616

HOUSE OF REPRESENTATIVES.
COUNTY OF WORCESTER— Continued.

District. Town or Ward.

Name of Representative.

6th,

7tb,

8th,

9th,

10th,

11th,

12th,
13th,

14th,

15th,

16th,
17th,
18th,

19th,

rFjtchburg, .
J Leominster,
) Sterling,
l^ Lunenburg,

( Harvard,
-} Bolton, .
( Berlin, .

( Clinton, .
( Lancaster,

r Princeton,
■< Rutland,
( Oakham,

( Barre, .
( Hardwick,

r Warren, . .
} West Brookfield,
( New Braintree,

(North Brookfield,
I Brookfield, . . .

( Leicester, . .
\ Spencer,

( West Boylston,

< Holden, . .
(Paxton, . .

( Shrewsbury,

< Northborough,
( Boylston, .

( Westborough,
( Southborough,

Grafton, . . .

^ Northbridge, .
"I Upton, . . .

Milford, . . .

Amasa Norcross, . .
Edwin Upton, . . .
Charles L. Joslin, . .

George E. Burt, . .

John M. Washburn, .

Solon S. Hastings, .

Charles Brimblecom, .

Nelson Carpenter, .

Luther Stowell, . .

John L. Bush, . . .

Ralph E. Bigelow,

Nathan W. Williams,

Jonas Fay, . . . .

Gilbert C. Taft, . .

Charles P. Whitin, .

James H. Barker, . .

Elbridge Mann, . .

Fitchburg.

a

Leominster.

Harvai'd.

Lancaster.

Princeton.

Barre.

Warren.

Brookfield.
Spencer.

Paxton.

Shrewsbury.

Southborough.
Graft.on.
Northbridge.
Milford.

HOUSE OF REPRESENTATIVES.

COUNTY OF WORCESTER— Continued.

617

Town or Ward.

Name of Keprescutative.

Residence.

20th,
21st,
22d,

23d,

24th,

25th,

26th,

27th,

28th,

29th.
30th,

( Uxbridge,
(Mendon,

Blackstone, .

( Webster,
\ Douglas,

( Southbridge,
I Dudley, .

Charlton,
Sturbridge,

r Oxford, .
< Sutton, .
(Millbury,

< Auburn, and Ward )

( 6, Worcester, . . 3

( Wards 1 and 2, Wor- )
\ cester, . . . . ^

5 Wards 3 and 8, Wor- )
\ cester, . . . . )

( Wards 4 and 5, Wor- 7
( cester, . . . . |

Ward 7, Worcester, .

Alanson S. Freeman,
John B. White, . .
Asher Joslin, . . .

Ebenezer Davis, . .

Henry Haynes, Jr., .

Ira Merriam, . . .
Hosea Crane, . . .

Marcus Barrett, . .

Albert Tolman, . .

Henry C. Rice, . .

Charles B. Pratt, . .

George Chandler, . .

Mendon.

Blackstone.

Webster.

Dudley.

Sturbridge.

Oxford.
IVIillbury.

Auburn.

Worcester.

Worcester.

Worcester.
Worcester.

COUNTY OF HAMPSHIRE.

1st,

2d,

3d,

f Easthampton,
J Hatfield, .
1 Northampton,
|_ Southampton,

r Chesterfield,
j Huntington,
j Westhampton,
[_ Williamsburg,

f Cummington,
I Goshen, . .
^ Middlefield,
I Plainfield, .
^^ Worthington,

William H. Dickinson,
William F. Arnold, .

Albert D. Sanders,

Spencer Shaw, .

Hatfield.
Northampton.

Williamsburg.

Cummington.

618

HOUSE OF REPRESENTATIVES.

COUNTY OF HAMPSHIRE— Continued.

4th,
5th,

6th,

Town or Ward.

Name of Representative.

( Hadley, . .
\ South Hadley,

( Amherst,
< Granby, .
(Pelham, .

Belchertown,
Enfield, . .
Greenwich, .
Prescott,
Ware, . .

Peregrine Waters, .

Lorenzo S. Nash, .

Charles L. Washburn,
Liberty Crosett, . .

South Hadley.

Granby.

Belchertown.
Prescott.

COUNTY OF HAMPDEN.

1st,

2d,
3d,

4th,

5th,

6th,

7th,

8th,

9th,
10th,

fBrimfield, . . .
J Monson, ....
I Holland, . . .
LWales, J

Palmer,

j Wilbraham,
[ Longmeadow

,: : :}

S Wards 1 & 2, Spring- }
i field, . .' .V°.|

( Wards 3 & 4, Spring- }
i field, . . .^ .".|

5 Wards, 5, 6, 7 and 8, )
( Springfield, . . . |

f Chicopee,
\ Ludlow, .

5 Holyoke, . . .
I West Springfield,

TAgawam, . . .

< Southwick, . . .
( Granville, . . .

Westfield, . . .

Paul W. Paige, .

Henry Seism, . .
Randolph Stebbins,

Joseph Stone, . .

Philo F. Wilcox, .

Otis A. Seamans, .

George M. Stearns,
Albert Fuller, . .

George L. Wright,

Elisha F. Miner, .
Addison Gage, . .

Brimfield.

Palmer.
Longmeadow.

Springfield.

Springfield.

Springfield.

Chicopee.
Ludlow.

W. Springfield.

Granville.
Westfield.

HOUSE OF REPRESENTATIVES.
COUNTY OF HAMPDEN— Continued.

619

District.

Town or Ward.

Name of Representative.

Residence.

11th,

' Chester, "

Blandford, ....

" Tolland, >

Montgonaery, . . .
_ Russell, _

David Cannon, . .

Chester.

COUNTY OF FRANKLIN.

1st,

2d,

3d,
4th,

5th,

6th,
7th,

Bernardston,
Colrain, .
Greenfield,
Gill, . .
Leyden, .
Shelburne,

' Buckland,
Charlemont
Heath, .
Monroe, .

^ Rowe, .

( Ashfield,
-| Conway,
( Hawley,

( Deerfield,
I Whately,

C Leverett, .
J Shutesbuiy,
I Sunderland,
[Wendell, .

Erving, . .
Montague, .
Northfield, .

New Salem,
Orange, . .
Warwick, .

Hugh B. Miller,
George D. Wells,

Stephen Bates, .

Nathan Knowlton,

William H. Fuller, .

William W. Russell,

Wright Stratton, .

William T. Freeman.

Colrain.
Greenfield.

Charlemont.

Ashfield.

Whately.

Sunderland.

Northfield.

New Salem.

620

HOUSE OF REPRESENTATIVES.
COUNTY OF BERKSHIRE.

1st,

2d,

3d,

4th,

5th,
6th,
7th,

8th,

9th,

Town or Ward.

f Hancock, . .
J Lanesborough,
I New Ashford, .
[^ Williamstown,

' Adams, .
Cheshire,
Clarksburg,
Florida, .
Savoy, .

( Pittsfield,

< Dalton, .
( Richmond,

'Becket, .

Hinsdale,

Peru, .

Washington
_ Windsor,

( Lenox, .

•< Stockbridge,

( West Stockbridge,

( Lee,

I Tyringham, . .

( Great Ban'ington,
^Alford, ....
(Monterey, . . .

( New Marlborough,

< Sandisfield, . .
(Otis,

r Sheffield, . . .
-| Mount Washington,
(Egremont, . . .

Name of Representative. Residence.

William T. Filley,

William H. Tyler, 2d,
Sylvander Johnson, .

John A. Walker, .
Henry Colt, . . .

Lanesborough.

Adams.

Pittsfield.

Henry D. Lyman, . Hinsdale.

E. W. B. Canning,
John M. Northrop,
Increase Sumner, .

Orlo Burt, . . .

Calvin Benjamin, .

Stockbridge.
Tyringham.
Gt. Barrington.

Sandisfield.

Egremont.

HOUSE OF REPRESENTATIVES.
COUNTY OF NORFOLK.

621

District.

1
1

Town or Ward.

Name of Representative.

Kesidence.

1st,

Dedham, . .

.

Ezra W. Tail, . . .

Dedham.

2d,

West Roxbury,

William Maccarty, .

West Roxbury.

3d,

Brookline, . .

Thomas Parsons, . .

Brookline.

4th,

Roxbury, . .

■•1

Roland Worthington,
Charles W. Bryant, .
Robert C. Nichols, .

Roxbury.

5th,

Dorchester, . .

■•1

Edward H. R. Ruggles,
George Rankin, . .

Dorchester.

6th,

Quincy, . . .

William S. Morton, .

Quincy.

7th,

Braintree, . .

William L. Walker, .

Braintree.

8th,

Weymouth,

■■{

Daniel Lovell, . . .
Ellas S. Beals, . . .

Weymouth.

9tb,

Randolph, . .

Daniel Howard, . .

Randolph.

10th,

Stoughton, . .

William H. Tucker, .

Stoughton.

11th,

r Canton, . . .
J Milton, . . .
1 Walpole, . .
1^ Sharon, . . .

■■■]

John S. Eldridge, . .
Amasa D. Bacon, . .

Canton.
Sharon.

12th,

( Foxborough, .
■} Wrentham, . .
( Med way, . .

■:■■}

Edward C. Craig, . .
William H. Temple, .

Wrentham.
Med way.

13th,

( Franklin, . .
\ Bellinghara,

::}

Horace Rockwood, .

Bellingham.

14th,

( Needham, . .
■] Medfield, . .
(Dover, . . .

::f

Henry Horton, . . .

Dover.

CO

IJNTY OF BRISTOL.

1st,

1 Pawtucket, . .
1 Attleborough, .

William W. Blodgett,
William D. Earl, . .

Pawtucket.
Attleborough.

2d,

5 Mansfield, . .
1 Norton, . . .

■■■■\

Daniel S. Cobb, . .

Norton.

58

622

HOUSE OF REPRESENTATIVES.
COUNTY OF BRISTOL— Continued.

District.

Town or Ward.

Name of Representative.

Residence.

3d,

( Easton, ....
l Raynham, . . .

■I
•>

John D. G. Williams,

Raynham.

4th,

Taunton, . . .

■1

Henry H. Fox, . . .
Henry Sproat, . . .
Elisha Copeland, . .

Taunton.

u
u

5th,

jRehoboth, . . .

( Seekonk, . . .

■.\

John C. Marvel, . .

Rehoboth.

6th,

TDighton, . . . .
-< Somerset, . . .
( Swanzey, . . .

i

Wm. Lawton Slade, .

Somerset.

7th,

Fall River, . . .

■I

S. C. Wrightino-ton, .
Thomas T. Potter, ,

Fall River.

8th,

Westport, . . .

Ezra P. Brownell, . .

Westport.

9th,

Dartmouth, . . .

Nathaniel Potter, Jr.,

Dartmouth.

10th,

j Wards 1 and 2, Nev.
( Bedford, . . .

:!

Alanson Borden, . .
Sabin P. Chamberlain,

New Bedfoi-d.

11th,

5 Wards 3, 4, 5 and 6
I New Bedford, .

i

Samuel Watson, . .
Nathan B. Gifford, .
Augustus L. West,

New Bedford.

(1

12th,

( Berkley, ....

■} Freetown, . . .
(Fairhaven, . . .

i

William S. Crane,
Martin L. Eldridge, .

Berkley.
Fairhaven.

COUNTY OF PLYMOUTH.

1st,

(Hull,. . . .

} Cohasset, . .
( Scituate, . .

1
. >- John Burnham. . .

Cohasset.

2d,

Hingham, . .

Demerick Marble,

Hingham.

3d,

5 South Scituate,
\ Hanover, . .

-I

Benjamin F. Burgess,

Hanover.

4th,

(Marshfield, . .
\ Pembroke, . .

:}

Peter Salmond, . .

Pembroke.

HOUSE OF REPRESENTATIVES.

COUNTY OF TLYMOUTH— Coutinue^l.

623

District

5th,
6th,

Town or Ward.

Name of KepresentatiTe.

( Diixbury,
\ Kingston,

( Plymouth,

arver,

7th i 5 Wareham,
' I ( Marion, .

. 8th,
9th,

loth,

( Mattapoisett,
< Rochester, .
( Lakeville, .

Middleborough

( Bridge^vater,
( West Bridgew

liter,

East Bridgewater,
water.

^, ^ 5 ^^^^ Bridgew
^^^'^' I North Bridge

r2th, Abington,

I Job W. Drew, . .

i E. C. Sherman, .
Samuel H. Doten, .

Kingston.
Plymouth.

Marshall E. Simmons, Marion.

J C Hanson, .
13th, I -} Halifax, .
1 ( Plympton,

Job T. Tobey,*

Everett Robinson, ,

Jarvis D. Burrell, .

Thomas Conant, . .
! Edw. Southworth, Jr.,

< William L. Reed, . .
I I Daniel U. Johnson, .

Daniel S. McLean,

Lakeville.

Middleborough.

W.Bridgewater.

E. Bridgewater.
N. Bridgewater.

Abinffton.

Plympton.

COUNTY OF BARNSTABLE.

1st,

( Barnstable, ....
■< Sandwich, ....
(Falmouth, ....

Nathaniel Hinckley, .
John S. Fish, . . .
William Nye, Jr., . .

Barnstable.

Sandwich.

Falmouth.

2d,

f Yarmouth, . . . . ^

j Dennis, [

1 Harwicli, . . . . (
[Chatham J

Benj. H. Matthews, .
James S. Howes, . .
Nathaniel Doane, Jr.,

Yarmouth.

Dennis.

Harwich.

3d,

( Brewster, . . . . )

■} Orleans, >-

(Eastham, . . . .)

Elijah Cobb, . . .

Brewster.

4th,

(Wellfleet, . . . .)

^ Truro, i-

( Provincetown, . . . )

Daniel Paine, . . .
James GifTord, . . .

Truro.
Provincetown.

* Contested and obtained seat of Theophilus King — member certified.

624

HOUSE OF REPRESENTATIVES.
COUNTY OF DUKES.

district.

Town or Ward.

Name of Representative. ! Kesidence.

One.

( Edgartown, . . . ')

^Tisbury, }■

(Chilmark, . . . .)

Joseph W. Holmes, . Tisbury.

1

COUNTY OF NANTUCKET.

WILLIAM STOWE, Clerk.

Rev. THOMAS DODGE, Chaplain.

JOHN MORISSEY, Sergeant-at-Arms.
Edg.\r M. Brown, Door-keeper.

Note. — The seat of George D. Wells, of Greenfield, one of the
Representatives of the First Franklin County District, was rendered
vacant on the first day of June, by reason of his acceptance of the office
of Justice of the Police Court in the city of Boston.

JOINT SPECIAL COMMITTEE ON THE REVISION OF
THE GENERAL STATUTES.

Chairman— C HARLES HALE.

On the part of the Senate.
John W. Bacon,
John Branning, .
Benjamin F. Butler,
Robert T. Davis,
William Fabens,
Charles A. French,
IcHABOD N. Luce,
George Odiorne,
Dexter F. Parker,
Charles A. Phelps,
Perez Simmons, .
George Walker,*

On the part of the House

William F. Arnold,
Alanson Borden,
Charles Brimblecom,
E. W. B. Canning, .
Mellen Chamberlain,
James F. Cobb, .
Caleb Gushing,!
John S. Eldridge, .
Henry H. Fox, .
John Q. A. Griffin, .
Charles Hale, .
Shattuck Hartwell,
Nathaniel Hinckley,
Daniel U. Johnson, .
Thornton K. Lothrop,
Amos B. Merrill,
William S. Morton,
Amasa Norcross,
George W. Benson, J
Henry C Rice, .
Thomas H. Russell, .
Richard S. Spofford, Jr.
George M. Stearns, §
Increase Sumner,
John C. Tucker,
Charles W. Upham, .
George W. Warren,
George D. Wells,|| .
Tappan Wentworth,

William S

Natick.

Lee.

Lowell.

Fall River.

MarUehead.

Stoughton.

Edfjartown.

Boston.

Worcester.

Boston.

Hanover.

Sprimjfield.

Northampton.

New Bedford^

Barre.

Stockbridge.

Chelsea.

Nantucket.

Newhuryport.

Canton.

Taunton.

Maiden.

Boston.

Littleton.

Barnstable.

Abington.

Boston.

Boston.

Quincy.

Fitchburg.

Lawrence.

Worcester.

Boston.

Newburyport.

Chicopee.

Great Barrington.

Boston.

Salem.

Weston.

Greenfield.

Loioell.

Robinson, of Maiden, Clerk.

* Resigned, and Geouge M. Brooks, of Concord, chosen to fill vacancy,
t Resigned and Isaac F. Shepard, of Somerville, chosen to fill vacancy,
t Deceased, and Dean Peabodt, of Lynn, chosen to fill vacancy.
k Kesieued, and Joh.n A. Walker, of Pittsfield, chosen to fill vacancy.
II Vacated, and Uogh B. Miller, of Colrain, chosen in his stead.

^omm0nfoealt| of Passarljusetls.

Secretary's Department,
Boston, June 1, 1859.

I hereby certify that the printed Acts, Resolves, &c.,
contained in this volume, are true copies of the originals.

OLIVER WARNER,

Secretary of the Commomoealth,

r

ACTS.

An Act concerning the terms of the supreme judicial court Qfidfj 27-1:

IN the county of WORCESTER. -' ' ^

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

Section 1. The jury term of the supreme judicial court whentobeheid.
for the county of Worcester, shall be held on the second
Tuesday of April in each year.

Section 2. All acts inconsistent herewith, are hereby Repeal.
repealed.

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

passage. Approved September 19, 1859.

An Act relating to terms of courts. Chat) 215

Be it enacted, Sfc, as follows :

Section 1. If the public business demands, the supreme ^i-^y ^djomn
judicial court, and superior court, may adjourn an established town toln.other
term of the court, in one shire town to another in the same '" ''^""' '="""'>'•
county. Persons, recognizances and processes, required to i-roces^es, &c.,
appear at or to be returned to the established term, shall journea Jrui."
appear at, be returnable to, and have day in the adjourned
term.

Section 2. This act shall take effect from its passage.

Approved September 30, 1859.

Chaj). 276

An Act in addition to an act to authorize the appointment
OP a surveyor-general of lumber, and the establishment of

A LUMBER district.

Be it enacted, Sf^c, as follows :

Section 1. The act entitled "An Act to authorize the when to take ef-
appointment of a Surveyor-General of Lumber, and the
establishment of a Lumber District," approved on the sixth
day of April last, shall be deemed to take effect, as provided
in the seventh section thereof, only for the purpose of the
appointment and qualification of the surveyor-general and

630 1859.— Chapters 277, 278.

tlie deputy-surveyors ; and said act shall take full effect on
the first day of December next.

Section 2. This act shall take effect on its passage.

Approved October 1, 1859.

Chap. 277 ^^ -^^T to confirm certain acts done by LEMUEL K. STRICKLAND,

AS JUSTICE OF THE PEACE.

Be it enacted, cVc, as follows :

Acts made Taiid. ^\\ ^cts douc by Leiiiuel K. Strickland, of Sandisfield, in
the county of Berkshire, as a justice of the peace within and
for said county, between the fifteenth day of January and the
fifteenth day of September, in the year eighteen hundred and
fifty-nine, are hereby made valid and confirmed to the same
extent as though lie had been during that interval duly
qualified to discharge the duties of said office.

Approved October 1, 1859.

Chap. 278 -^^ ^CT making APPUOPRIATIONS FOR THE MILEAGE AND COMPENSA-
TION OF THE MEMBERS OF THE LEGISLATURE, AT THE SPECIAL
SESSION THEREOF.

Be it enacted, ^c, as follows :

Appropriation for SECTION 1. The suius hereinafter mentioned are appro-
priated, and shall be allowed and paid out of the treasury of
the Commonwealth, from the ordinary revenue, upon the
warrants of the governor, for the purposes specified, to meet
the expenses for mileage and compensation of the members
of the senate and house of representatives, at the present
special session thereof:

Mileage and com- Yov thc mileao'C of scnators, a sum not exceeding four

peusation. i n i i ii

hundred dollars.

For the mileage of representatives, a sum not exceeding
two thousand four hundred dollars.

For the compensation of senators, a sum not exceeding
twelve thousand three hundred dollars.

For the compensation of representatives, a sum not exceed-
ing seventy-two thousand four hundred dollars.

Section 2. Each member of the senate and house of
representatives shall receive mileage at the rate of one dollar
for every five miles travel once during the session from his
place of abode to the place of the sitting of the general court ;
and on the first day of each month during the session he
shall receive two dollars a day, according to the provisions
of sections second and third of chapter two of the acts of
eighteen hundred and fifty-eight.

Section 3. Tliis act shall take effect upon its passage.

Appi-oved October 17, 1859,

ated.

1859.--CHAPTERS 279, 280, 281. 631

An Act making a further appropriation to meet the expendi- pr O'^Ck

TURE AUTHORIZED BY THE RESOLVE, CHAPTER SIXTY-FOUR, OF THE ^'''^^P' ^ >^
PRESENT YEAR.
Be it enacted, Sfc, as follows :

Section 1. The sum of two thousand dollars is hereby *2,ooo appropri
appropriated, and shall be allowed and paid out of the
treasury of the Commonwealth, from the ordinary revenue,
upon the warrant of the governor, in addition to the sum of
one thousand dollars, appropriated in chapter two hundred
and seventy-two of the acts of the present year, for the pur-
pose specified in the resolve chapter sixty-four of the present
year.

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

passage. Approved October 17, 1859.

ChtfjK 280

An Act making appropriations for the compensation of the

door-keepers, messengers and pages of the senate and house

of representatives.
Be it enacted, Sj-c, as follows :

Section 1. The sum of four thousand one hundred dol- »4,ioo appropii-
lars is hereby appropriated, and shall be allowed and paid
out of the treasury of this Commonwealth, from the ordinary
revenue, upon the warrants of tlie governor, for the compen-
sation of the door-keepers, messengers and pages of the
senate and house of representatives, at the present special
session of the legislature.

Section 2. The said officers shall be paid montldy, at Paid monthly,
the rate of two dollars a day for each door-keeper or mes-
senger, and one dollar and fifty cents a day for each page.

Section 3. This act shall take effect upon its passage.

Approved Octohr 17, 1859.
An Act to change the name of the trustees of the newton Qfid^) 281

STREET METHODIST EPISCOPAL CHURCH IN BOSTON. -* '

Be it enacted, Sj-c, as f allows. •

Section 1. The Trustees of the Newton Street Methodist Name changed to

_, . , -^, 1 . T-» ■ i- • 1 ii ^l"^ Trustees of

Episcopal Church m Boston, a corporation organized on the the Eighth socie-
twenty-seventli day of October, in the year eighteen hundred aif^EpiscoJai
and fifty-six, under tlie provisions of chapter two hundred ^-'hurch.
and eighty, of the acts of the year eighteen hundred and
forty-seven, may take the name of The Trustees of the
Eighth Society of the Methodist Episcopal Church in Boston,
and by such name be a body corporate, with all the powers,
privileges, duties and liabilities of said chapter, and the
forty-fourth chapter of the Revised Statutes.

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

passage. Approved October 17, 1859.

632

1859.— Chapters 282, 283.

Chaj^. 282

Capital cases to
be tried in Su-
preme Judicial
Court, &c.

Justices may
hold special
term for trial
of capital cases,
&c.

An Act relating to the jurisdiction in criminal cases.

Be it enacted, ^c, as folloivs :

Section 1. Every person indicted for a capital ofifence
shall be tried in the supreme judicial court by such number
of the justices thereof as from time to time by law constitute
a full law court ; and in all respects the proceedings, and
the rights of the party accused, and the powers and duties
of the supreme judicial court and the justices and clerks
thereof, shall be the same as provided by law before the pas-
sage of an act entitled " An Act establishing the Superior
Court," except that upon the trial exceptions may be taken,
and questions of law reserved, to be heard like exceptions
taken in trials before a single justice. And the superior
court, and the clerks thereof, shall perform the same duties
required of the court of common pleas and the municipal
court of the city of Boston, and the clerks thereof, in rela-
tion to such cases before the passage of said act.

Section 2. The justices of the supreme judicial court, or
such number of them as constitute a full law court, may
hold a special term in any county in wliich an indictment
for a capital offence is pending, for the trial thereof, at such
time and place as they direct by an order in writing, under
their hands, addressed to the sheriff of the county, if it
appears to them that the purposes of public justice require
the trial to be had before the next stated term of said court
in such county, or any adjournment thereof; and thereupon
the said court, and the sheriffs, clerks, and other officers,
sliall have and exercise the powers prescribed in the forty-
fourth and forty-fifth sections of the eighty-first chapter of
the Revised Statutes.

Section 3. If the indictment is pending in the county of
Dukes County, the special term shall be held in the county
of Barnstable.

Section 4. This act applies to cases now pending, and
all indictments for capital offences now pending in the
superior court shall be transferred to the supreme judicial
court.

Section 5. All criminal trials in the superior court may
be before a single justice.

Section 6. This act takes effect from and after its passage.

Approved October 17, 1859.

283 An Act making appropriations for certain expenditures and
deficiencies, and for other purposes.

Be it enacted, Sfc, as folloivs :

Additional appro- SECTION 1. Tlic sums hereinafter mentioned are appro-
session, 1859. priated and shall be allowed and paid out of the treasury of

Indictment pend-
ing in Dukes,
special term to be
held in Barnsta-
ble.
Act to apply, &c.

One justice may
try criminal cases
in Supr. Court.

Chap.

1859.— Chapter 283. ' 633

the Commonwealth, from the ordinary revenue, except
where herein otherwise provided, upon the warrants of the
governor, for the purposes specified, as follows, viz, :

For the salary of the clerk of the supreme judicial court saiary cierk s. j.
for the Commonwealth, for the six months ending on the ^°'^^^'
thirty-first day of December, of the present year, the sum of
fifteen hundred dollars.

For the salary of the assistant-clerk of the supreme judi- Assistant-cierk.
cial court of the Commonwealth, for the three months end-
ing on the thirty-first day of December, of the present year,
the sum of three hundred and seventy-five dollars.

For printing for the legislature, ordered by the sergeant- Printing for leg-
at-arms, in addition to the appropriation for this purpose,
made in chapter two hundred and seventy-one of the acts of
the present year, a sum not exceeding two hundred dollars.

For printing the report of the commissioners on the revis- Printing report

/•iiji/ 1 T • J^ 1 • on Rev. Statutes.

ion 01 the statutes, a sum not exceedmg six thousand nine
hundred dollars.

For printing ordered by the joint special committee of the Printing for com-
legislature on the revision of the statutes, a sum not exceed- utU^^
ing three thousand two hundred dollars.

For printing required by the legislature at the present ?[^?""s *"°'' '^S'
extra session thereof, a sum not exceeding one thousand
dollars.

For printing blanks, circulars, and the callendar of the Additional for
orders of the day for the use of the senate, under the direc-
tion of the clerk of the senate, in addition to tlie appropria-
tion for this purpose, made in chapter seventy-seven of tlie
acts of the present year, the sum of thirty dollars.

For printinar such number, not exceeding one hundred AddiHonai for

1 o ' <— ' priutiiig general

and fifty thousand, of the pamphlet edition of the general laws.
acts and resolves of the present year, in accordance with the
provisions of chapter eighty-eight of the resolves of the year
eighteen hundred and forty-seven, and chapter eighty -nine
of the resolves of the year eighteen hundred and fifty, in
addition to the appropriation for this purpose, made in chap-
ter seventy-seven of the acts of the present year, a sum jiot
exceeding two thousand eight hundred and fifty dollars.

For printino; ten thousand copies of the report of the board Printing report

.'- , " . IT- 1 •• f !• board of agricul-

of agriculture, in addition to the appropriation tor this ture.
object in said chapter seventy-seven, a sum not exceeding
eight hundred dollars.

For the state library, in addition to the appropriation state library.
made therefor, in chapter two hundred and seventy-one of
the present year, a sum not exceeding one hundred dollars.

634

1859.— Chapter 283.

Town of Belmont.

Stationery, &c.,
for secretary.

Printing, &c.,
for adjutant-gen-
eral.

Expen.se.s incur-
red under chap.
489, Acts 1855.

Rainsford Island
II(isi)ital.

State paupers.

Alien comniis

iiiissioiiers.

Courts of insol-
vency for 1858.

Advertising east-
ern lauds.

Highland Agri.
cultural Society.

.State Reform
School, for ex-
penses incident
to the fire.

For expense of furnishing the town of Belmont with
weights, measures and balances, according to chapter one
hundred and ninety-five of the acts of the year eighteen
hundred and fifty, the sum of one hundred and fifty dollars.

For stationery and parchment for the secretary of the
Commonwealth, incidental to the revision of the statutes, a
sum not exceeding one thousand dollars.

For printing and incidental expenses of the office of tlie
adjutant-general, in addition to the appropriation for these
purposes, made in said chapter seventy-seven, a sum not
exceeding two hundred dollars.

For expenses incurred the present year under the provis-
ions of an act entitled " An Act to protect the rights and
liberties of the people of the Commonwealth of Massachu-
setts," being chapter four hundred and eighty-nine of the
acts of the year eighteen hundred and fifty-five, a sum not
exceeding two hundred dollars'.

For sundry expenses of Rainsford Island Hospital, incurred
in the year eigiiteen hundred fifty-eiglit, and previous years,
the sum of one hundred and fifty dollars.

For coroners' accounts for the year eighteen hundred and
fifty-eight, and previous years, the sum of four hundred and
fifty dollars.

For sundry expenditures for the support and relief of
state paupers, otherwise thnn in the three almshouses and in
the hospital at Rainsford Island, in the year eighteen hun-
dred fifty-eight, and previous years, a sum not exceeding one
thousand dollars.

For sundry expenses of the alien commissioners in the
year eighteen hundred and fifty-eight, and previous years,
the sum of eighty dollars.

For sundry expenses of the courts of insolvency, for the
year eighteen hundred fifty-eight, and previous years, the
sum of one hundred dollars.

For advertising eastern lands, under the resolve chapter
fifty-two, of the present year, the sum of five hundred and
thirty-five dollars and sixty-two cents.

For bounty to the Highland Agricultural Society, the sum
of three hundred and eighty-three dollars and forty cents.

For expenses incident to the late fire at the state reform
school, at Westborough, as follows, viz. :

For repairs of buildings, and providing accommodations
for the inmates of said school by the trustees, a sum not
exceeding six thousand seven hundred and fifty dollars.

For expenses incurred by J. S. C. Knowlton, sheriff of the
county of Worcester, in the removal and accommodation of

1859.— Chapter 284. 635

a portion of the inmates of the State Reform School, a sum
not exceeding thirty-seven hundred dollars, payable to said
Knowlton ; of which sum twejity-five hundred eighty-two
dollars and sixty-one cents, and interest from the first day of
October current, is to be paid from the appropriation made
in chapter two hundred and seventy-one, of the acts of the
present year, for the current expenses of said State Reform
School.

For expenses not yet ascertained, incident to the said fire
at said reform school, subject to the approval of the attorney-
general, and which are not already provided for in the
annual appropriation for the current expenses of said school,
a sum not exceeding five hundred dollars.

For the expenses of filling up and completing certain Back Bay, spec-
lands in the Back Bay, required by section three of chapter ers ^^"""^*'""-
two hundred and ten of the acts of the present year, twenty-
five thousand dollars ; for the compensation of the special
commissioners appointed under section four of said act, four
hundred and fifty dollars : said sums to be paid on the order
of the commissioners on the Back Bay, from the moiety of
the proceeds of sales which by the resolves one thousand
eight hundred and fifty-seven, chapter seventy, is applicable
to improvements.

For the compensation and expenses of the committee commissioners
appointed in pursuance of the resolve, chapter forty-seven, iTnds'irconc'ifrd
of the present year, concerning the flowage of lands in the and other towns.
towns of Concord, Sudbury, Wayland, Bedford, and Carlisle,
in addition to the sum appropriated for this purpose, in
chapter two hundred and seventy, of the acts of the present
year, the sum of three hundred dollars.

Section 2. The salary of the assistant-librarian and sec- salary of assist-
retary of the board of education, shall be paid from the s°cretary"'of''°*^
moiety of the income of the school fund applicable toeduca- ['ion'^\ow ''a"-*'
tional purposes, any thing in chapter two hundred and *'''e'
seventy-two of the acts of the present year, to the contrary
notwithstanding.

Section 3. This act shall take effect from and after its
passage. Approved October 22, 1859.

An Act concerning the supreme judicial court. pi '■)QA

Be it enacted^ ^"c, as follows : -*

Whenever any suit or petition is instituted or an appeal Appeals, &c., in
is made from the decision of a judge of probate and insol- an"'' rlsofv^ncy
vency, except in cases of insolvency in either of the counties ^y^c^'auaw terms
of Worcester, Hampshire, Berkshire or Hampden, cognizable jn counties where
in the supreme judicial court in said counties respectively, cept'&c. ' ^'^'

2

636

1859.— Chapter 285.

the same may be made returnable to and have day at the
law terms held in said counties wherein such suits, appeals
or petitions are instituted, as well as at terms held therein
for the trial of jury causes only. Approved October 25, 1859.

Chap. 285

School establish-
ed.

QoTernment to
vest in five trus-
tees.

How appointed,

Vacancies, how
filled.

No compensa-
tion, &c.

Trustees to be a
corporation .

Powers, duties,
&c.

An Act establishing the nautical branch of the state reform

SCHOOL.

Be it enacted, §x., as foVmox :

Section 1 . There shall be established in some harbor of
the Commonwealth, to be determined by the governor and
council, a school to be called " The Nautical Branch of the
State Reform School," the government whereof shall be
vested in five trustees. Immediately upon the passage of
this act three trustees shall be appointed by the governor
and council, for the several terms of one, two, and three
years, and hereafter, one annually for the term of three
years ; one trustee shall be annually appointed by the Boston
Board of Trade, and one by the Boston Marine Society, each
for tlie term of one year, subject to the approval of the gov-
ernor and council. The terms of office of all the trustees
shall expire on the first Wednesday of February. Vacancies
for unexpired terms shall be filled in the same manner in
which the persons whose places are vacated were appointed :
any person whose term has expired may be reappointed.
The trustees sliall receive no compensation for their services,
but shall be allowed all expenses incurred by them in the
discharge of their duties.

Section 2. The trustees shall be a corporation by the
name of the Trustees of the Nautical Branch of the State
Reform School, for the purpose of taking and holding, to
tbemselves and their successors, in trust for the Common-
wealth, any grant or devise of lands, and any donation and
bequest of money or other personal property, made for the
use of said institution, and for the purpose of preserving and
investing the proceeds thereof in good securities, with all
powers necessary to carry said purposes into effect.

Section 3. The trustees shall have control of the school-
ship to be hereafter procured for the use of said institution,
and shall exercise and perform the same powers and duties
over the same, and over the inmates of said institution, as
are exercised and performed by the trustees of the state
reform school, over the school at Westborough, and the
inmates thereof; they shall have tlie same powers in relation
to the ai)pointment, removal, and compensation of the super-
intendent, and other officers, teachers, and servants, and the
same power to bind out any boy as an apprentice or servant,

1859.— Chapter 286. 637

whom they deem not suited for nautical employment. They
may, with the approval of the governor and council, make
by-laws and alter the same. They shall also cause the boys
under their charge to be instructed in navigation and the
duties of seamen. Tliey may also send any boy upon any
voyage at sea, and in his behalf, enter into any contract
necessary therefor, and such action shall operate as a discharge
of tlie boy from the institution.

Section 4. There shall be a treasurer appointed by the Treasurer, how

, ^^ n ,\ J. rxi 1 appointed, &c.

governor and council tor the term ot three years, unless

sooner removed for sufficient cause, who shall, before he

enters upon the discharge of his duties, give a bond to the Bond, $3,000.

Commonwealth, with sureties satisfactory to the governor

and council, in the sum of three thousand dollars, conditioned

that he shall faithfully account for all moneys received by

him as treasurer ; which bond shall be filed in the office of

the treasurer of the Commonwealth.

Section 5. The effect of a commitment to the school Ecfect of commit-
hereby established, and the effect of a discharge therefrom, ^7eform*'Jchooi'
shall be the same as is provided in the case of the state
reform school.

Section 6. The superintendent shall be the master of the superintendent,
school-ship. He shall give bond as required of the superin- "^Za^" ^ '^
tendent of the state reform school. He shall exercise and Powers aaddu-
perform the same powers and duties in relation to the insti- ''''^"
tution hereby established, and the property and inmates
thereof, as the sui)erintendeiit of the state reform school
exercises and performs in relation to the state reform school,
its property and inmates ; and he may navigate the ship, or
any tender thereof, and transport the same into and upon
any of the ports and waters of the Commonwealth.

Section 7. This act shall take effect on its passage, but when to take
no boy shall be committed or sent to said institution until
the governor, by proclamation, gives notice that the school-
ship, to be procured under the authority of resolves entitled
" Resolves for the purchase of a vessel for the use of the
Nautical Branch of the State Reform School," is ready for
inmates. Approved October 28, 1859.

An Act relating to the state reform school and the nauti- QJian. 286

CAL branch of the SAME. "'

Be it enacted, ^'c, as follows :

Section 1. Whenever any boy under the age of sixteen Bojsmaybecom-

I lii/? i-i'i- T J. mitted to nauti-

years is brought before any trial justice or police court, cai branch oi
charged with any offence punishable by imprisonment, other- school'*'^'"'"
wise than for life, and the justice or court is of opinion that

effect, &c.

638

1859.— Chapter 286.

Method of pro-
cedure.

Appeal, powers,
&c., of officers.

Unfit subjects
may be bound
over.

Supreme or supe-
rior courts may
commit.

Age — sentence.

the boy, if found guilty, would be a fit subject for the state
reform school, or for the nautical branch of the state reform
school, or if any person in behalf of such boy makes affidavit
that he believes him to be a fit subject therefor, such justice
or court, by warrant in due form of law, shall cause such
boy to be brought forthwith before the judge of probate and
insolvency for the same county, or any judge of the superior
court who may be found within the county, and shall trans-
mit to said judge the complaint by virtue of which he was
arrested, and shall cause notice of the pendency of such
complaint to be given to the mayor of the city or one of the
selectmen of the town, wherein the boy resides ; and the
judge committing such boy, shall certify on the warrant, in
what place the boy resided at the time of his commitment ;
and such certificate, for the purposes of this act, shall be
conclusive evidence of his residence. In such case, or when-
ever such boy is brought originally before such judge on
such complaint, he shall proceed in the manner prescribed
in the case of a girl brought before a judge of probate and
insolvency on -a similar complaint, having, in case such boy
is originally brought before him, first caused notice to be
given as aforesaid, and he shall, if of opinion that the boy is
guilty, and is a suitable subject for the state reform school,
or for the nautical branch of the state reform school, commit
him to the one or the other of said institutions.

Section 2, The right of appeal, and the powers and
duties and fees of all officers, shall be the same as are pro-
vided by law in the case of a girl brought before such judge
on a like complaint.

Section 3. If the judge is of opinion that the boy is
guilty, and is not a fit subject for either of said institutions,
he shall, if the offence charged is one within the jurisdiction
of police courts, sentence him to such punishment as is pro-
vided by law for the offence, subject to the right of appeal,
as in cases before police courts, and otherwise he shall bind
him over to appear before the superior court for the same
county, as police courts may do in like cases. And all laws
relating to appeals from police courts, and the taking and
return of recognizances, shall apply to cases under this act.

Section 4. The supreme judicial court and the superior
court may commit any boy to the state reform school, as now
provided by law, or to the nautical branch of the state reform
school in like cases, if the convict is deemed suited to nauti-
cal employments, or otherwise to such punishment as is
provided by law for the offence ; but no boy over the age of
fourteen years shall be committed by any court or judge to

1859.— Chapter 287. 639

the state reform school at Westborough ; and all commit-
ments to either school shall be during minority, and no sen-
tence shall be in the alternative.

Section 5. By consent of the trustees of the state reform Boys may be
school, and of the nautical branch of the state reform school, '™"^*"''"*''^-
or by direction of the governor, any boy may be transferred
from one institution to the other : provided, that no boy who proviso,
is an inmate of the state reform school when this act takes
effect, shall be so transferred without his consent.

Section 6. Whenever any boy is committed to either of support.
said schools, the city or town wherein he resides at the time
of his commitment, shall pay to the treasurer of the school
the sum of fifty cents per week, payable quarterly on the first
days of January, April, July and October, during the time
he remains therein. And any sum so paid may be recovered
by such city or town of any parent, kindred, or guardian,
liable by law to maintain such boy, or of the city or town in
which he has his lawful settlement.

Section 7. The first section of the one hundred and Repeal,
seventieth chapter of the acts of the year on'e thousand eight
hundred and fifty-nine, is hereby repealed ; but this repeal
shall not affect any action pending, or any rights accrued
thereunder.

Section 8. This act shall take effect in thirty days after its when to take
passage, but no commitments shall be made to the nautical
branch of the state reform school, until the governor, by his
proclamation, gives notice that the same is ready for inmates.

Approved October 28, 1859.

An Act for the regulation of wooden buildings in the city Chap. 287

OF NEW BEDFORD.

Be it enacted, ^'c, as follows :

Section 1. The city council of the city of New Bedford cuy council to

,, ,1-Tii Ti in 1 make regulations

are hereby authorized and empowered to make all such for the erection
regulations, ordinances, and by-laws, as they may deem °ngs°°'^'''^ ^'"^'^'
expedient concerning the erection of wooden buildings with-
in the limits of the city, for protection against fire ; to estab-
lish districts within which wooden buildings, except of a
prescribed size, shall not be erected, and to prescribe such
penalties as they deem proper, for the violation of any such
regulations, ordinances, aiTd by-laws.

Section 2. Any building hereafter erected in the city of Buildings to be
New Bedford, contrary to the provisions of such by-laws, ordi- sl^l
nances, or regulations, shall be deemed and taken to be a
common nuisance ; and the mayor and aldermen of the said Mayor and aider-
city shall have the like power and authority to abate and ^nd"

may abate
remove.

640 1859.— Chapters 288, 289.

remove the same, as is given to the board of health in the
tenth and eleventh sections of the twenty-first chapter of the

Proviso. Revised Statutes : provided, however, that nothing in this

section shall be construed as affecting any remedy already
given in the preceding section.

Repeal. SECTION 3. The act entitled " An Act for the regulation

of wooden buildings in the city of New Bedford," approved
March twenty-fourth, in the year eighteen hundred and fifty-
five, is hereby repealed. Approved Novejnber 22, 1859.

Chap. 288 -^^ ^^x to incorporate the proprietors of the shawmut ave-

NUE BAPTIST SOCIETY, IN BOSTON.

Be it enacted, Sfc, as folloios :
Corporators. SECTION 1. J. W. Parker, Benjamin Smith and John K.

Deane, and their associates and successors, are hereby made
Name. a corporatlou by the name of the Shawmut Avenue Baptist

ftricUoM'&c" Society; with all the powers and privileges, and subject to
all the duties, restrictions and liabilities, set forth in the
twentieth and forty-fourth chapters of the Revised Statutes ;
with power to tax pews according to the provisions of " An
Act relating to Religious Societies," passed March twenty-
fifth, in the year one thousand eight hundred and forty-five,
wh^n to bL^trfd' Section 2. The annual meeting of said religious society
&c. ' shall be held on any day in April in each year, Sunday

excepted ; and at said meeting there shall be chosen by
ballot a moderator, clerk, treasurer, collector, and a standing
committee, consisting of seven persons ; all of whom shall
continue in office one year, and until others are chosen and
qualified in their stead.

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

passage. Approved Novemher 29, 1859.

Chap. 289 -^^ Act declaring the territorial limits of the common-
wealth, AND ESTABLISHING THE LIMITS OF CERTAIN COUNTIES.

Be it enacted, §'c., as folloios :

Limits, how far SECTION 1. Tho territorial limits of this Commonwealth

extending to sea. . ^ . ■, „ . , , , , ,

extend one marine league from its sea-shore at low-water
mark. When an inlet or arm of the sea does not exceed
two marine leagues in width between its headlands, a straight
line from one headland to the other is declared to be equiva-
lent to the shore line. The boundaries of counties bordering
upon the sea shall extend to the line of the State as above
defined. The jurisdiction of counties separated by waters
within the jurisdiction of the State shall be concurrent.
Section 2. This act shall take effect from its passage.

Approved December 16, 1859.

1859.— Chapters 290, 291, 292. 641

An Act in addition to An Act respecting the purchase and Qfi^^ 290

DISTRIBUTION OF THE REPORTS OF CASES ARGUED AND DETER- "'

MINED IN THE SUPREME JUDICIAL COURT.

Be it enacted, Sfc, as follows :

Section 1. The secretary of the Commonwealth is hereby secretary to fur-
authorized and directed, whenever an appropriation shall law' reports. '^'
have been made therefor, to furnish the seventh volume of
Gray's Reports, and any volume of reports of cases argued
and determined in the supreme judicial court of Massachu-
setts, which may hereafter be published, to the clerks of
each town and city in this Commonwealth, for the use of
such town or city.

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

passage. Approved December 16, 1859. *

An Act relating to the writ of habeas corpus. Chap. 291

Be it enacted, ^c, as follows :

Section 1. Every writ of habeas corpus which may be Return of writ,
issued under the laws of this Commonwealth, after this act
shall take effect, shall be made returnable forthwith, either
before the supreme judicial court, the superior court, or a
justice of either of said courts, in term time, or vacation,
and whether the court is in session or not, and at such place
as shall be designated in the writ.

Section 2. In all cases of imprisonment or restraint by
a person not a sheriff, deputy-sheriff, coroner or jailer of this
State, the writ shall be in the following form :

COMMONWEALTH OF MASSACHUSETTS.

[seal.] To the sfieriffs of our several counties, and their respective Form,
deputies,

Greeting :

We command you that the body of of by

of imprisoned and restrained of his liberty, as it is said, you take

and have before a justice of our supreme judicial court, (or superior

court, as the case may be,) at immediately after receipt of this

writ, to do and receive what our said justice shall then and there consider
concerning him in this behalf; and summon said then and there

to appear before our ^aid justice, to show the cause of the taking and
detaining of said : and have you there this writ with your doings

thereon. Witness at this day of in the

year

Section 3. This act shall take effect from and after its
passage. Approved December 21, 1859.

Chap. 292

An Act making further appropriations for the repair and

maintenance of charles river and warren bridges.
Be it enacted, ^c, as foUoivs :

The sums hereafter mentioned are appropriated and Appropriation.
shall be allowed and paid out of the Charles River and

642 1859.— Chapters 293, 294.

Warren Bridges Fund, on the warrant of the governor, in

addition to the sums appropriated from said fund in chapter

one hundred and ninety-eight, of the acts of tlie present

Repairs and jcar ; that is to saj : For tlie payment of such claims as

t™ee°n''january*i "i^y be approvcd by the auditor, for the repair and mainte-

18^9 ^^^ ^^' iiaiice of Charles River and Warren Bridges, between the first

day of January, eighteen hundred and fifty-nine, and May

nineteenth, eighteen hundred and fifty-nine, a sum not

Subsequent re- excccdiug two thousaud ouc hundred dollars ; for repairs on

tenlnce"^ '^*"'' Said bridges since the said nineteenth of May, a sum not

Incidental ex- cxceediug ouc thousaiid dollars ; for incidental expenses of

penses. ^^^Q draw-tcudcrs on said bridges, a sum not exceeding one

hundred dollars. Approved December 21, 1859.

Chap. 293 -^^ ■^^'^ authorizing an issue of scrip for the payment of the
■^' expenses of the revision of the general statutes.

Be it enacted, Sfc, as follows :
Treasurer to is- SECTION 1. Tlic treasurer of this Commonwealth is

sue,

hereby authorized and directed to issue scrip or certificates
of debt, in the name and behalf of the Commonwealth, and
under his signature and the seal of the Commonwealth,
bearing date on the first day of January, in the year one

$150,000. thousand eight hundred and sixty, for the sum of one hun-

dred and fifty thousand dollars, with coupons attached for
interest at the rate of five per centum per annum, payable
semi-annually on the first days of July and January at the
office of said treasurer, and redeemable at the same place on
the first day of January that shall be in the year one thou-
sand eight hundred and seventy, which scrip or certificates
shall be countersigned by the governor, and shall be deemed
to be a pledge of the faith and credit of the Commonwealth
for the redemption thereof; and the same shall be sold by

Proviso. the treasurer : provided, that no part thereof shall be sold

at less than par, and the proceeds thereof shall be paid into
the treasury of the Commonwealth.

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

passage. Approved December 22, 1859.

Chan 2Q4 "^ ^'^^ ^^^ ^^^ removal of constables, for cause, in cities.
Be it enacted, Sfc, as follows :

Removal for mis- Thc mayor of any city sliall, with consent of the alder-
men, remove from office any constable of such city, who
shall be guilty of gross misconduct.

Approved December 23, 1859.

1859.— Chapters 295, 296. 643

Ax Act making appropriations for the compensation of the

COMMITTEE ON THE REVISION OF THE STATUTES, AND FOR OTHER
PURPOSES.

Chap. 295

Be it enacted, ^'c, as follows :

Section 1. The sums hereinafter mentioned are appro- AppropnationR
priated and shall be allowed and paid out of the treasury of
the Commonwealth from the ordinary revenue, upon the
warrants of the governor, for the purposes hereinafter
specified : for the compensation and mileage of the com- compensation
mittee to sit in the recess of tlie general court, to whom was "*° °"''"^^-
referred the report of the commissioners on the revision of
the statutes, in addition to the sum lieretofore appropriated,
the sum of two thousand and seven hundred dollars ; for
the compensation of the clerk, messengers, door-keepers, cierk, mesfen-
pages, and for contingent and incidental expenses of said f^^j^'t^i
committee, in addition to the sum heretofore appropriated,
three thousand nine hundred and fifty dollars.

Section 2. This act shall take effect on and after its
passage. Approved December 23, 18.59.

An Act in addition to an act making appropriations for Qfidn 296
certain expenditures and deficiencies, and for other -^ '

purposes.

Be it enacted, §'c., as follows :

Section 1. The sums hereinafter mentioned are apnropri- Appropriations

, ^ Tini 11 1 1 ■ -x ni fi authorized, &c.

ated and shall be allowed and paid out of the treasury oi tlie
Commonwealth, from the ordinary revenue, upon the war-
rants of the governor, for the purposes specified in certain
acts and resolves, for the present year, herein cited, as
follows, viz. :

For the mileage and compensation of the lieutenant- Lieutenant-
governor and council, in addition to former appropriations, ^o°Jncii°' ^"'^
a sum not exceeding three thousand dollars.

For the compensation of senators, in addition to former senate.
appropriations, a sum not exceeding four thousand dollars.

For the compensation of representatives, in addition to House.
former appropriations, a sum not exceeding twenty thousand
dollars.

For the salaries of the clerks of the senate and house of cierka ofiegisia-
representatives, including the compensation of such assistants '"'"^'
as they may appoint, four thousand dollars in addition to
former appropriations.

For the salaries of the chaplains of the senate and house chaplains
of representatives, four hundred dollars in addition to former
appropriations.

For fees of witnesses summoned before committees having witnesses.
authority to send for persons and papers, a sum not exceed-
3

644

1859.— Chapter 296.

stationery-
House.

Senate.

State library.

Indian commis-
sioner.

S. J. Court de-
cisions.

Public docu-
ments.

Everett's oration .

Countersigning
bank notes.

Marshpee In-
dians.

Rainsford Island
hospital.

Printing, &c.,
for legislature.

S. J. Court — ex-
penses.

ing three hundred dollars, in addition to former appropria-
tions.

For stationery for the house of representatives purchased
by the clerk, which, together with the unexpended balance
for the regular session, may be used to meet bills of the
extra session, six hundred dollars.

For stationery for the senate, purchased by the clerk,
which, together with the unexpended balance for the regular
session, may be used to meet bills of the extra session, two
hundred dollars.

For the state library, five hundred dollars, in anticipation
of appropriations of eighteen hundred and sixty, and in addi-
tion to former appropriations.

For compensation and expenses of the commissioner on
Indians, appointed under chapter two hundred and sixty-six,
of acts of eighteen hundred and fifty-nine, one thousand
dollars.

For term reports of cases in supreme court, under the
provisions of chapter two hundred and sixty-five and two
hundred and ninety of the acts of eighteen hundred and
fifty-nine, four thousand dollars.

For printing public documents of eighteen hundred and
fifty-eight, one hundred dollars.

For expenses attending the delivery of Mr. Everett's ora-
tion on Webster, two hundred dollars.

For compensation of the person appointed under authority
of acts of eighteen hundred and fifty-nine, chapter two hun-
dred and twenty-one, section six, to countersign circulating
notes of the similitude of bank notes, and the same may be
paid to the clerk in the auditor's office, in addition to his
salary, three hundred dollars.

For the support of certain Marshpee Indians, in addition
to the sum allowed in chapter one hundred of resolves of
eighteen hundred and fifty-nine, to be paid from tlie existing
apjiropriation for Indians, thirty-nine and eighty-five one-
hundred ths dollars.

For expenses of hospital at Rainsford Island, in addition
to amount appropriated in chapter two hundred and seventy-
one, acts of eighteen hundred and fifty-nine, three thousand
dollars.

For printing, stationery, advertising, postage, and books
ordered by the sergeant-at-arms, for the legislature, in addi-
tion to former appropriations, one hundred dollars.

For the payment of expenses of the supreme court for the
Commonwealth, according to the provisions of chapter one
hundred and ninety-six of acts of eighteen hundred and

1859.— Chapter 296. 645

fifty-nine, four hundred and ninety-eight forty-six hundredths
dollars.

For binding raih'oad reports, according to chai)tcr two Binding raiuoad
hundred and sixty-two, acts of eighteen hundred and fifty- ''''p*''''^-
nine, two hundred dollars.

For the payment of railroad fare of military companies. Railroad fare-
according to chapter one hundred and twenty of resolves of ^lent. ^""'''"P"
eighteen hundred and fifty-nine, eight hundred dollars.

For expenses of Luther Stowell, according to chapter one Luther stoweii.
hundred and fifteen of resolves of eighteen hundred and
fifty-nine, sixty and fifty one-hundreths dollars.

For compensation of the commissioners on consolidating commissioners
the general statutes, in addition to former appropriations, stLtutes!'""
twenty thousand dollars.

For the compensation of the clerk of the committee of cierii— commit-
revision, eleven hundred and fifty dollars.

For door-keepers, messengers and pages of the legislature, Door-keepers,
five thousand six hundred dollars, being compensation for pages.
services at the extra session.

For rebuilding the state reform school for boys, thirty Reform school..^
thousand dollars.

For allowance to Lydia Russell and D. F. Crane, eight Lydia Russeii-

111 T !• D- F. Crane.

hundred and twenty-seven dollars, accorduig to the provis-
ions of resolves of eighteen hundred and fifty-nine, chapter
one hundred and twenty-nine.

For expenses under chapter ninety-three of the resolves Report on insects
of eighteen hundred and fifty-nine, the sum of two thousand ° '^^ °^^°
dollars, the same to be in addition to sums appropriated
under chapter two hundred and seventy-three, of acts of
eighteen hundred and fiftj^-nine.

For allowance to John P. Bass, according to provisions of •'"^^ ^ ^'^^■
resolves of eighteen hundred and fifty-nine, chapter one
hundred and thirty-one, seven hundred and fifty dollars.

For compensation of the watchmen in the state house, in watchmen
addition to their salary, according to resolves of eighteen
hundred and fifty-nine, chapter one hundred and thirty-
three, four hundred dollars.

For allowance to Maria T. Benson, according to provisions Maria t. Benson,
of resolves of eighteen hundred and fifty-nine, chapter one
hundred and thirty-five, four hundred dollars.

For expenses of reporting evidence and pay of witnesses Expenses of com-
before the special committee of the house on the liquor ^mm\ss°ion.*'^"°'^
commission, four hundred and fifty-one dollars.

For compensation of the sergeant-at-arms, in addition to sergeant-at-
former appropriations for his salary, three hundred dollars.

Section 2. This act shall take effect from and after its
passage. Approved December 28, 1859,

RESOLVES.

Chap. 104 Resolve for the payment of certain expenses of the sale of

"' THE HOUSE lately OCCUPIED BY THE SERGEANT-AT-ARMS.

$160 appropri- Resolved, That a sum not exceedins; one hundred and
sixty dollars, be, and is hereby appropriated out of the pro-
ceeds of the sale of the house in Hancock Street, formerly
occupied by the sergeant-at-arms, for the payment of the
expenses of advertising, and sale of said house by public
auction, April twenty-eighth, one thousand eight hundred
and fifty-nine, as per resolve, chapter ninety-five, of one
thousand eight hundred and fifty-nine.

Approved September 19, 1859.

Chap. 105 Resolve in favor of hon. .tames t. robinson.

$34 appropriated Resoluecl, That thcrc be allowed to the Hon. James T.

for mileage. Robinsou, the sum of thirty-four dollars, the same being due
to him as mileage while a member of the senate from the
North Berkshire District, during the first session of the year
eighteen hundred and fifty-nine : and the said sum of thirty-
four dollars is hereby appropriated and shall be paid out of
the treasury of the Commonwealth from the ordinary reve-
nue, upon the warrant of the governor for the purpose above
specified. Approved September 27, 1859.

Chap. 106 Resolves of thanks to and in favor of the ancient and hon-
orable artillery company.
Thanks for escort Reso/ved, That the thanks of the legislature be presented

to Camp Massa- , r ^ i ^ -, -it,^

chusetts. to Joseph Andrews, commander, and the other officers and

members of the Ancient and Honorable Artillery Company,
for the very handsome escort furnished by them to the legis-
lature, on the occasion of their visit to Camp Massachusetts.

S5100 appropri- Re.solved, That the sum of one hundred dollars be allowed
to said company, towards the expense incurred by them in
said service, and the said sum of one hundred dollars is
hereby appropriated, and shall be paid out of the treasury of

1859.— Chapters 107, 108, 109, 110, 111. 647

the Commonwealth from the ordinary revenue, upon the
warrant of the governor, for the purpose herein specified.

Resolved^ That a copy of these resolves be en<2;rossed, ?°py of resolves

' t^J D 'to company.

signed by the president of the senate and speaker of the
house of representatives, and transmitted to the company.

Approved October 1, 1859.

Resolve authorizing a loan for rebuilding the court house Chcfp. 107

IN LAWRENCE.

Resolved, That the commissioners of the county of Essex g °nerJ n*;a^bor-
are hereby authorized to borrow, on the credit of said county, row $15,000.
a sum of money not exceeding fifteen thousand dollars, to be
expended in rebuilding and repairing the court house at
Lawrence, recently injured by fire.

Approved October 17, 1859.

Resolve extending the time for the commissioner appointed Chap. 108

UNDER the act CONCERNING THE INDIANS OF THE COMMONWEALTH,
TO MAKE HIS REPORT.

Resolved, That the report of the commissioner appointed f^'^januar"^^^*^
under the act concerning the Indians of the Commonwealth,
approved April sixth, eighteen hundred fifty-nine, instead of
being made at the present session, shall be made to the gov-
ernor, on or before the first Wednesday of January next, for
the information and consideration of the general court for
the year eighteen hundred sixty. Approved October 17 1859.

Resolve in favor of the commissioners of the county of Chop. 109

DUKES county.

Resolved, That the commissioners of the county of Dnkes $i^^oo ^o^a^ish
county are hereby authorized to borrow, on the credit of '"^'^■'t house.
said county, a sum of money not exceeding fifteen hundred
dollars, to be expended in finishing the court house at
Edgartown. Approved Oc/ofter 25, 1859.

Resolve m relation to the state almshouse at monson. Chap. 110
Resolved, That the inspectors of the state almshouse at inspectors toex-
Monson, be allowed to expend, out of the annual appropria- ^^^ ' '
tion for the year one thousand eight hundred and fifty-nine,
a sum not exceeding one thousand dollars, not needed for its
current expenses, to complete a system of works already
begun, to render more safe from fire said almshouse.

Approved October 25, 1859.

Resolves concerning the state reform school at west- Chap. Ill

BOROUGH.

Resolved, That tlie trustees of the state reform school Trustees to cause
at Westborough, be authorized and requested to cause plans prepared?' *° ^^

648 1859.— Chapter 112.

and estimates to be made for the reconstruction of so much
of the building recently destroyed or injured by fire, as shall,
together with the portions uninjured, furnish accommoda-
tion for a number of boys not exceeding two hundred, and
for the necessary officers : the plans to be made with special
reference to precautions against fire, and to be so arranged
that the said boys shall be divided into five classes, including
a correctional class — no one class to consist of more than
fifty boys, and each class to be kept separate, at all hours,
from the other classes.

Resolved, That the trustees be also authorized and re-
quested to cause plans and estimates to be made, for fitting
up for the use of the inmates, such of the small buildings
belonging to the school, as they may think suited for the
purpose ; and for the erection on the farm attached to the
school, of such other buildings for the accommodation of
the boys, as they may think expedient, to be constructed of
brick, and in a plain and economical manner ; such detached
buildings to contain, in all, not more than one hundred and
fifty boys ; and no one of such buildings to contain more
than thirty boys.
Plans, &c. to be Resolved, That the trustees be further requested to lay

laid before legia- ' . .inn-i t

lature. tlic plaiis and estunates provided lor in the preceding-

resolves, before the legislature at its present session.

Approved October 28, 1859.

Chap. 112 Rksolves for the purchase of a vessel for the use of the

NAUTICAL branch OF THE STATE REFORM SCHOOL.

Governor to ap- Resolved, That the governor, by and with the advice and
missioners" to°" couscut of thc council, be authorized to a{)point three com-
purchaf-e vessels, missioncrs, wlio sliall be empowered to obtain' by gift or pur-
chase and to equip a good ship, suitable for the purposes of
the nautical brancli of the state reform school ; and to pro-
vide in such ship accommodation for a number of boys not
exceeding one liundred and fifty, and for the requisite
officers ; and report to the governor and council a suitable
position for such ship. And the said commissioners shall be
also empowered to obtain by gift or purchase, and to equip
a small vessel, fitted to serve as a tender to the school-ship,
for the purpose of exercising the boys at sea.
Powers, &c.,- Reso/ued, That the said commissioners shall have power

to make all contracts and agreements necessary for the pur-
poses mentioned in the preceding resolve ; and said commis-
sioners shall present all their accounts to the governor and
council, to be by them audited and allowed, from time to
time, as they deem just.

accounts.

1859.— Chapters 113, 114. 649

Resolved, That for the purpose of defraying the expenses $20,000 appro-
to be incurred under the preceding resolves, the governor p""''''*
be, and lie hereby is authorized, by and with the advice and
consent of the council, to draw his warrants upon the treas-
urer of the Commonwealth for the necessary sums of money,
not exceeding in the whole, twenty thousand dollars; which
amount is hereby appropriated therefor.

Approved October 28, 1859.

Resolve in relation to a statue of horace mann. Chap. 113

Resolved, That full consent and permission upon the Erection author-
part of the Commonwealth, is hereby given to the applica- "'*"^
tion of S. G. Howe, Robert C. Waterston, George S. Bout-
well, George B. Emerson, Alpheus Crosby, E. Edmunds,
and Josiah Quincy, Jr., to set up a statue of the late Horace
Mann upon any suitable spot within the state house grounds,
which may be approved by the commissioners of the state
house, and the chairman of the joint standing committee on
the state house upon the part of each branch of the gen-
eral court : provided, that the same be done without expense Proviso.
to the Commonwealth. Approved October 28, 1859.

Resolve on the petition of john p. Andrews and georgk Qhnr) 114

ANDREWS, trustees. ^ '

Resolved, For the reasons set forth in said petition, that Trustees author-
John P. Andrews and George Andrews, of Salem, in the esute"
county of Essex, be, and hereby are, authorized and em-
powered to sell and convey, at public or private sale, and
on such terms as they shall think expedient, a certain lot of
land situate in Salem aforesaid, and bounded as follows. Location.
viz. : north-easterly on Boston Street, there measuring fifty- Boundaries,
six feet three inches ; south-easterly one hundred and twenty-
seven feet three inches ; north-easterly again four feet, and
south-easterly again one hundred and eighty-seven feet to
land formerly of Phipps Munroe; south-westerly on Nor-
man's rocks pasture, so called, sixty-nine feet four inches ;
north-westerly on land formerly of the heirs of Mary John-
son, three hundred and three feet six inches, a twelve feet
way being reserved to be used in common between said
Munroe's land and the land herein described, being the same
estate conveyed by deed of James Bott to Nancy Andrews,
recorded in the Essex registry of deeds, in book three hun-
dred and seventeen and leaf one hundred and fifty-five ;
and- to execute good and sufiicient deeds thereof, free and
discharged from all trusts ; and to hold the net proceeds of
the sale of said estate subject to the same trust and uses as
the original trust, referred to in said petition.

Approved November 12, 1859.

650 1859.— Chapters 115, 116, 117, 118, 119.

ChciD 115 Resolve IN FAVOR OF LUTHER STOWELL.

$60.50 allowed Resolvcd, That there be allowed and paid from the treas-
whiieXT^* ury of the Commonwealth to Luther 8towell, the sum of
sixty dollars and fifty cents, to defray the expenses of his
late sickness while a member of the general court.

Approved November 29, 1859.

Chap. 116 Resolve FOR THE PAYMENT of the committee on the revision

OF THE STATUTES.

compenaation Resolved, That tlicrc be allowed and paid out of the

mieage. trcasury of the Commonwealth to each member of the com-
mittee appointed to examine the Report of the Commissioners
on the Revision of the Statutes, the sum of four dollars for
each and every day's actual attendance at the meeting of
said committee in the recess of the general court, and two
dollars for every ten miles travel from their respective places
of abode to the place of the sitting of the said committee,
once during its session, and that the committee on the pay
roll make up mileage and attendance of the members
Actual attend- accordingly. Actual attendance under this resolve, shall
include. includc cvcry day of attendance upon sessions of the com-

mittee, Sundays, days of adjournment not exceeeding two
days at any one time, and of sitting on sub-committees dur-
ing sessions of the general committee, and sickness during
the session. Approved December 10, 1859.

Chap. 117 Resolve in relation to salaries of certain officers.

Increase of saia- Resolved, That chaptcr forty-six of the resolves, and
wd'ora'^gH^u'i^ chapter sixty-four of the acts of the present year, relating to
ture and assistant the salarics of ccrtaiu officers, be construed to take effect

librarian, when t/>t c -i ^ ^ ^ j n Ci. •

to take effect. ii'om aiid alter J anuary first, eighteen hundred and nity-iune,
in accordance with the appropriations for the same provided
in the act of eighteen hundred and fifty-nine, chapter two
hundred and seventy-two. Approved December 10, 1859.

Chap. 118 Resolve in relation to the nautical branch of the state

REFORM SCHOOL.

$3,000 additional Resolved, That the commissioners appointed under au-
eexpen e t}|ority of chaptcr one hundred and twelve of resolves of the
present year, for the establishment of the nautical branch of
the state reform school, be authorized to expend a sum not
exceeding three thousand dollars in addition to the sum
heretofore allowed. Approved December 14, 1859.

■Chap. 119 I^I^'SOLVE FIXING THE COMPENSATION OF THE OFFICERS AND MEMBERS
■^' OF THE LEGISLATURE AT THE PRESENT SESSION.

Compensation. Resolved, That there shall be allowed and paid out of the

treasury of the Commonwealth, to each member of the legis-

1859.— Chapters 120, 121. 651

lature, for each and every day's actual attendance, tlie sum
of four dollars. It shall be the duty of the committee on the Actual attend-
pay-roU to certify, upon the written statement of members, fied* '*° ^^ """'
to the treasurer of the Commonwealth, the number of days
of each member's actual attendance, and such written state-
ments of members sliall be preserved in the office of tlie
treasurer. The president of the senate and speaker of the J''"^^^^'^/^"**^*^
house of representatives shall receive double the compensa- and chapiaina.
tion above provided for senators and representatives. There
shall be paid to the clerks and chaplains of the senate and
house of representatives, a like sum as is now paid them, by
the provisions of chapter second of the laws of eighteen hun-
dred and fifty-eight ; said sum to be paid on and after the
completion of all duties required of and to be performed by
them and their assistants at the present session, and to be in
addition to their annual salaries. Actual attendance, under ^^pg'J,!,,*t*'t"'^'
this resolve, shall include every day of attendance upon ses- include,
sions of either house, Sundays, days of adjournment and of
sickness during the session, and attendance on committees ;
but no allowance shall be made for attendance after the
fifteenth day of December. Approved December 16, 1859.

Resolve for the relief of certain military companies. Chap. 120
Resolved, That there be allowed and paid by the Com- Expenses of

' -, •11 1 1 •!• transportation to

monwealth the amounts actually paid by tlie several military state encamp-
companies for the transportation of their officers, non-com- ^^^*"
missioned officers, musicians and privates, and their camp
equipage and luggage to and from the state encampment at
Concord, under the orders of the commander-in-chief, over
the several railroads. The accounts therefor to be audited
by the adjutant-general, and paid to the captains of the
several companies ; and the governor is hereby authorized
and required to draw his warrant therefor.

Approved December 16, 1859.

Resolve relating to ciiarles river and warren bridges. Chop. 121
Resolved^ That there be allowed and paid out of the 312,100 allowed
Charles River and Warren Bridges fund, a sum not exceed- for maintenance

111111 PI p ^ repairs be-

ing two thousand one hundred dollars, for the purpose of tween ist janu-

paying such claims as may be approved by the auditor, for May*°
the maintenance and repair of said bridges between the first
day of January and the nineteenth day of May of the pres-
ent year. Approved December 20, 1859.

652 1859.— Chapters 122, 123, 124, 125.

Resolve in relation to repairs upon charles river and war-
ren BRIDGES.

Chap. 122

$1,000 allowed Resolved, That there be allowed and paid out of the

for repairs. (jliarles Rlver and Warren Bridges fund, the sum of one

thousand dollars for repairs, and one hundred dollars for

sioo for inciden- incidental expenses upon said bridges, incurred since May

tal expenses. ,, . , ,, o l^ j.

the nineteenth, of the present year.

Approved December 20, 1859,

Chav 123 Resolve for the compensation of the joint special committee
^' appointed under chapter fifty-two of resolves of eighteen

HUNDRED fifty-nine.

Balance allowed Resolved, That tlic balaiicc of appropriation made in

to committee on, , ,, -,t -, i^^^ r»ii

Maine lands. cliaptcr two huiidred and seventy-two oi acts oi the year
eighteen hundred and fifty-nine, to carry out tlie provisions
of chapter fifty-two of the resolves of the present year, be
allowed and paid to the committee appointed under that
resolve, for services rendered and money expended by them.

Approved December 20, 1859.

Chat) 124 I^KSOLVE FOR the payment OF THE COMMISSIONERS FOR REVISING
^ ' AND CONSOLIDATING THE GENERAL STATUTES OF THE COMMON-

WEALTH.

$20,000 addi- Reso/ved, That there be allowed and paid to the commis-

sioners appointed under chapter nine of the resolves of the
year one thousand eight hundred and fifty-five, to revise the
general laws of the Commonwealth, the sum of twenty thou-
sand dollars in addition to the amount already paid ; the
same to be divided among themselves as they may agree,
and to be in full for their services and all expenses incurred

by them for assistance. Approved December 21, 1859.

ChaV 1 25 Resolve for the pay of the clehk, door-keepers, messengers

^ ' AND PAGES of THE JOINT SPECIAL COMMITTEE ON THE REVISION OF

THE STATUTES.

»i,i50 to clerk. Resolved. That there be allowed and paid out of the
treasury of the Commmonwealth, to the clerk of the com-
mittee appointed to examine the report of the commissioners
appointed to revise the laws, the sum of one thousand dol-
lars for his services as clerk, and the additional sum of one
hundred and fifty dollars for his further services in finishing
$4 per day to tlic jounial and index ; and that there be paid each messen-
s25o°er'dif'^to ^'^^ ^^^^ door-keeper four dollars per day, and to the pages
pages. two and a half dollars per day, while in attendance upon

said committee. Approved December 21, 1859.

1859.— Chapters 126, 127, 128. 653

Resolve in relation to certain property held by the com- Qfi^vf \26

MONWEALTH UNDER A MORTGAGE FROM NORMAND STILES AND -» *

PHEBE B. STILES.

Resolved, Tliat the treasurer and receiver-general be, and Treasurer to dis-
lie is hereby authorized to dispose of and sell the whole n°onwea*ith's °°'"
interest of the Commonwealtli in and to the estate conveyed 'iterest.
in mortgage to John Mills, as treasurer of the Common-
Avealth, by Normand Stiles and Phebe B. Stiles, wife of said
Normand, as appears by their deed dated December tliir-
teenth, eighteen hundred and forty-three, and recorded with
Hampden deeds, book one hundred and twenty-two, leaf tliree
hundred and seventeen, and to execute and deliver deeds of
the same, under the seal of the Commonwealth : provided, Proviso,
that the terms of such sale shall be approved by the gov-
ernor. Approved December 21, 1859.

Resolve concerning the state library. Chap. 127

Resolved, That there be allowed and paid to the librarian $500 allowed for
and trustees of the state library, a sum not exceeding five Ks"'** °^ ''"'
hundred dollars, to be expended in the purchase of law
books, said sum to be reckoned a part and in anticipation of
the annual appropriation for the year eighteen hundred and
sixty in aid of said library. Approved December 21, 1859.

Resolves providing for the erection of certain buildings (Jfiff^y VIS

FOR THE state REFORM SCHOOL. ^

Resolved., That the trustees of the state reform school Trustees to re-

', ji'ii xj. construct a por-

for boys, be, and they iiereby are authorized to re-construct tiouofthe buiid-

so much only of the buildings destroyed by the late fire as "^8^^'^'"°^-

constituted tlie first building erected for and occupied by

said school, to re-arrange the same for the accommodation

of the inmates in classes of not more than fifty boys each,

and to provide sufficient precautions against fire ; the whole

expense therefor not to exceed eighteen thousand dollars.

Resolved, That the trustees aforesaid, are also hereby Tore-arrange and
authorized to re-arrange and to enlarge the Peters house p"terfho^use.
and the farm house, so called, belonging to said school, at
an expense not exceeding six thousand dollars, and to con-
struct one detached house upon said farm at a cost not
exceeding six thousand dollars : provided, that the said ProTiso.
houses shall be arranged for the accommodation of not more
than thirty boys in eacii.

Resolved, That a sum of not more than thirty thousand $30,000 appro-
dollars be, and the same is hereby appropriated for the pur- p"^ted.
poses aforesaid. - Approved December 21, 1859.

654 1859.— Chapters 129, 130, 131, 132.

Chan 129 I^e^^^^-ve^ in favor of james russell and daphne f. crane.

$400 to wife of Resolved, That there be allowed and paid out of the
James Russell, treasury of the Commonwealth to Lydia Russell, wife of
James Russell, a member of the house of representatives,
the sum of four hundred dollars, being the amount to which
he would be entitled for actual attendance during the whole
of the present session.
$427 additional Resoliwd, That there be allowed and paid out of the

to widow of Wm. o ^ r-i -11 i-\ ^ -t^ m c

s. Crane. trcasuiy 01 thc Commonwealth to Daphne J^ . Crane, oi

Berkley, the sum of four hundred and twenty-seven dollars,
in addition to the sum already paid, as compensation for the
services and the expenses of the last sickness of William S.
Crane, deceased, late a member of the house of representa-
tives from district number twelve of the county of Bristol.

Approved December 22, 1859.

Chap. 130 Resolve relating to attendance of members of the legis-
lature.

Two days in each Resolved. That cach member of the legislature living at

month allowed , t , i- • i -t^ • e> •

for travel. too great a distance from the capital to allow time tor going

to and returning from his home out of the regular hours of
legislative business, be allowed two days in each month of
the session, for that purpose, provided he has actually
occupied that amount of time in so going to or returning
from his residence, and that he be paid for the same.

Approved December 22, 1859.

Chap. 131 Resolve for the relief of john p. bass, private in company h,

■^ tenth regiment of MASSACHUSETTS VOLUNTEER MILITIA.

injuries. * ^ Resolvcd, That there be paid to John P. Bass, private in
Company H, tenth regiment of Massachusetts volunteer
militia, the sum of seven hundred and fifty dollars for his
relief, because of the loss of his leg from accident while in
the actual performance of his duty as a soldier.

Approved December 23, 1859.

Chap. 132 Resolve for the payment of expenses attending the repeti-
tion OF THE oration OF MR. EVERETT ON THE INAUGURATION OF
THE STATUE OF DANIEL WEBSTER.

$200aUowe(i. " Resolvcd, That there be allowed and paid from the
treasury of the Commonwealth a sum not exceeding two
hundred dollars, to defray the expenses attending the deliv-
ery of the honorable Edward Everett's oration before the
legislature, upon the inauguration of the statue of Daniel
Webster. Approved December 23, 1859.

1859— Chapters 133, 134, 135, 136, 137. 655

Resolve for compensation of watchmen fou services per- Q/ifjn J33

FORMED AS MESSENGERS. ' "

Resolved, That there shall be allowed and paid out of tlie $ion for gervices
treasury of the Commonwealth, to eacli watchman of the sengers^'^" "**"
state house, the sum of one hundred dollars, in full compen-
sation for all services performed as assistant-messengers
during the session of the committee of revision of the statutes,
and the extra session of the legislature, the same to be in
addition to the annual salary. Approved December 23, 1859.

Resolve for the compensation of the committee on flowage Qfidp^ 134

OF lands. ^ '

Resolved, That there be allowed and paid out of the Appropriation ai-
treasury of the Commonwealth, to the committee appointed
under chapter forty-seven of the resolves of eighteen hun-
dred and fifty-nine, the sums appropriated for compensation
and expenses of said committee ; the same to be paid on the
receipt of the cliairman of the committee, and to be in full
for all services and expenses incurred by the said committee.

Approved December 2-3, 1859.

Resolve in favor of maria t. benson. Chcip. 135

Resolved, That there be allowed and paid out of the s4oo to widow of
treasury of the Commonwealth, the sum of four hundred member,
dollars, to Maria T. Benson, widow of the late George W.
Benson, Esquire, late a member of this house and of the
committee on the revision of the statutes.

Approved December 24, 1859.

Resolve for the payment of the sergeant-at-arms, door- Chap. 136

KEEPERS, messengers AND PAGES FOR THE PRESENT SESSION.

Resolved, That there be allowed and paid out of the treas- ^^ ^^^^
ury of the Commonwealth, to each of the door-keepers and keepers, mes-
messengers, and also to John C. Perry, (who has performed ^^"^ers,
the duties of messenger,) the sum of four hundred dollars ;
to each of tlie pages, two hundred and fifty dollars, in fall
compensation for all services performed ; and to the sergeant- $250 to pages.
at-arms three hundred dollars for his extra services during
this session of the legislature. Approved December 2S, 1859. Jant-at-ams!"'

Resolve repealing in part chapter fifty-two of the resolves Qfian. 137
OF the year eighteen hundred and fifty-nine. ^

Resolved, That the second, third and fourth resolves of Forfeitures for
chapter fifty-two of the resolves of eighteen hundred and &°"'repeiaed.''
fifty-nine, being " Resolves to enforce payment of debts due
to the Commonwealth on account of sales of the public
lands in Maine," be, and are hereby repealed ; and that the

656 1859.— Chapters 188, 139, 140,

Executive toad- govemor and council be authorized to adjust, compromise

just and settle t/^h ,i hi ni- />i /-~i

claims. and rinally settle all tlie notes and claims ot the Common-

wealth in relation to the Maine lands, on such terms as the
interests of the Commonwealth may require, and as may be
just and equitable to the parties interested.

Approved December 27, 1859.

Chap. 138 I^ESOLVE IN RELATION TO APPENDING A GLOSSARY TO THE GENERAL

STATUTES.

oommisMoners Resolved, That the commissioners who may be appointed
to p^repare and to edit aud publisli thc gcucral statutes be instructed to pre-
P"°'' pare and have printed with the general statutes, a glossary,

defining and briefly explaining all words and phrases con-
tained in the statutes belonging to any foreign language,
and the more obscure of such other words and phrases as
are merely technical. Approved December 27, 1859.

Chap. 139 RkSOLVE AUTHORIZING PAYMENT OF EXPENSES INCURRED BY THE
COMMITTEE ON THE LIQUOR COMMISSION.

$451 allowed. Resolvecl, That there be allowed and paid out of the treas-

ury of the Commonwealth, a sum not exceeding four hun-
dred and fifty-one dollars, to pay expenses incurred in
reporting testimony and for pay of witnesses before the house
committee upon the liquor commission.

Approved December 27, 1859.

Chap. 140 Resolve relating to the publication of the general

STATUTES.

Commissioners Resolued, That tlic Hon. William A. Richardson, and
Hon. George P. Sanger, be and hereby are appointed com-
missioners to edit and superintend the printing and publica-
tion of the general statutes of the Commonwealth, together
with the constitution thereof, the constitution of the United

Duties. States, and such other additions as they deem expedient ;

and that said commissioners examine carefully the copies of
said statutes, transcribed in the office of the secretary of the
Commonwealth from the originals, and compare the same
with the originals, and carefully revise all the proof sheets
of said statutes ; and said commissioners shall place the
subject of the chapter or page at the top of each page, and

Secretary to fur- pi'ep^i'G marginal notes to the sections of said statutes, and

nish clerical as- ail cxact aiicl copious index to the whole ; and in the per-

sistance. ,, t. • -, t ^ p i /^ ij.i

iormance ol said work, the secretary ot the Commonwealtn
shall furnish such assistance of clerks as the commissioners
deem necessary Approved December 27, 1859,

1859.— Chapters 141, 142, 143. 657

Resolve making an appropriation for warming and vexti- f>h^y. 141

LATING THE REPRESENTATIVES' HALL. i '

Resolved, That a sum not exceeding three hundred sf 300 allowed.
doUars be allowed and paid under the direction and approval
of the commissioners on the state house and the chairman
of the committee on the state house on the part of the house
of representatives, to defray the necessary expense of fur-
ther prosecuting the present method of heating and ven-
tilating the representatives' hall ; and said sum is hereby
appropriated. Approved December 27, 1859.

Resolve authorizing the transfer of certain appropkia- Chan. 142

TIONS for military PURPOSES. ^

Resolved, That there is hereby transferred to the account Transfer of
of military bounties the sum of one thousand five hundred *^'^^"^'^-
and fifty-five dollars and fifty cents, from any sums appro-
priated for other military purposes by the seventy-seventh
chapter of the acts of the present year.

Approved December 28, 1859.

Resolve relating to the distribution op the general statutes. Hhri^^ 1 43
Resolved, That the secretary of the Commonwealth, as „ ,

' .< ' Secretary to re-

soon as may be after the close 01 the general court, cause to ceive 1,000 copies
be printed and bound, and receive for distribution one thou-
sand copies of the general statutes of the Commonwealth,
for the use of the Commonwealth, and that he deposit one
copy of the same in the office of the secretary of the Com-
monwealth, and immediately after their publication dis-
tribute copies as follows: To each of the commissioners and
editors on the revision of the statutes, five copies ; to the
clerk of the senate for the use of the senate, twelve copies ;
to the clerk of the house of representatives for the use of
the house, twenty-four copies ; to the librarian of the state
library for the use of the library, five copies. To the fol-
lowing officers and persons one copy each : to the gov-
ernor, the lieutenant-governor, each member of the present
council, senate, and house of representatives, the clerk of
the senate and the clerk of the house of representatives, and
each reporter in regular attendance upon the sessions of
either house, the attorney-general, the auditor of accounts,
the treasurer and receiver-general, the adjutant-general, to
each ex-governor of the Commonwealth, the judges, clerks
and registers of the judicial courts, the district-attorneys,
the county commissioners, the sheriff and keepers of jails,
the registers of deeds, the keepers of the houses of correction,
the warden of the state prison, the county treasurers, the
several cities and towns for the use of such places, to each

for distribution.

658

1859— Chapter 144.

city or town library in the state, Harvard University, for the
law library. Harvard University, Williams College, Amherst
College, Tufts College, the American Academy of Arts and
Sciences, the Massachusetts Historical Society, the Historic
Genealogical Society, Museum of Comparative Zoology, the
Old Colony Historical Society, the Boston Athenseum, the
American Antiquarian Society, in Worcester, tlie Pilgrim
Society, in Plymouth, the law library societies in each
county, the judges of the supreme court of the United States,
the judge of the district court of the United States for the
district of Massachusetts, the clerks of the courts of the
United States for the district of Massachusetts, the secretary
of state of the United States, four copies, the secretary of
each state of the Union for the use of the state, three copies,
to the library of congress, three copies.

Approved December 28, 1859.

Chan. 144 Resolve puoviding for the publication of the general

STATUTES.

Commissioners
on publication
to contract for
printing, bind-
ing, &c.

Resolved^ That Hon. William A. Richardson and Hon.
George P. Sanger, commissioners appointed to superintend
the publication of the general statutes, be, and hereby are
authorized in the name and in behalf of the Commonwealth,
but without cost to the Commonwealth, to contract with
William White, of Boston, to print, bind and furnish for
sale to the state, or to any citizen of the state, the general
statutes of the Commonwealth, with the constitution of the
state, the constitution of the United States, and all the
addition to said statutes, prepared by said commissioners
under the direction of the legislature, in a manner in every
respect equal to the Revised Statutes printed in the year
eighteen hundred and thirty-six, particularly as to compo-
sition, press-work, paper and binding; and to keep the same
for sale in some convenient place in the city of Boston, for
the term of fifteen years, from the first day of June next,
at a price not exceeding one dollar and forty cents per copy,
said contract to provide that tlie electrotype or stereotype
plates of said general statutes shall be and remain the property
of the Commonwealth. A bond satisfactory to said commis-
sioners shall be given by the said William White to the
Commonwealth for the faithful performance of the contract.
The other provisions of the contract shall be such as the
said commissioners deem expedient to secure the faithful
execution of said contract : provided^ that none of the exist-
ing provisions of law, relative to the printing, promulgation
and distribution of the statutes shall be construed to apply
to the said general statutes. Approved December 28, 1859.

SPECIAL MESSAGES.

THE FOLLOWING SPECIAL COMMUNICATIONS WERE MADE BY HIS
EXCELLENCY THE GOVERNOR, TO THE LEGISLATURE, DURING
THE EXTRA SESSION ENDING DECEMBER TWENTY-EIGHTH.

[To the House of Representatives, September 7 )

It is an unpleasant official duty that devolves upon me,
to present to the legislature information of the destruction
by fire, of a large part of the buildings of the State Reform
School at Westborough. The fire occurred on the morning
of the 13th day of August, from the intentional act, as it
appears upon his confession, of Daniel Credan, one of the
inmates of the school.

Tlie circumstances of the disaster are fully detailed 'in
the report of the Trustees dated the 2:3d day of August,
and in a communication of the Hon. Simon Brown, chair-
man of the Board, which I have the honor to transmit
herewith.

The loss incurred by the fire is estimated at $50,000.
The State is greatly indebted to the officers of tl^p insti-
tution, to the boys of the school, for their good conduct
and praiseworthy exertions to save the property and the
buildings from conflagration, and also to the fire companies
and citizens generally, of the neighboring towns ; and to the
authorities of the county of Worcester, under the direction
of the Hon. J. S. C. Knowlton, high sheriff, and of the city
of Boston, for the prompt, efficient, and greatly needed
assistance rendered by a detachment of police officers, under
the direction of Lieutenant Whitcomb.

Of the boys, numbering 572, only two escaped during the
fire. A portion, about two hundred and fifty, were trans-
ferred to very comfortable quarters in the new jail at
Fitchburg. In this transfer sheriff Knowlton and the police
officers rendered essential and important service. A part of
the boys, about twenty-five in number, were sent on the
same night to the jail at Concord. Most of these have been
received again at Westborough. Those sent to Fitchburg
still remahi.

6

660 SPECIAL MESSAGES.

The fire destroyed the whole of the buildings included in
the enlargement made in 1852 and 1853, and a small part
of the original structure. I inclose herewith, a ground
plan of the premises, showing the portions destroyed and
those which remain in condition for present occupation.

In a conference with the Board of Trustees, and the
Superintendent of the institution, I advised the immediate
repair of that part of the premises which could be made
tenantable at small expense, and an arrangement with the
authorities of Worcester County for the present use of the
jail at Fitchburg. The officers of the institution failing to
make an acceptable contract for the use of the jail, a lease
of a building in Westborough, belonging to Mr. Vinton, has
been entered into by the Trustees, for the term of one year,
at a cost of $700. This will afford comfortable accommoda-
tions for all the pupils not provided for in the school,
except six or eight boys who remain at Concord. These
arrangements have necessarily been made without autliority
of law, and the attention of the legislature is called to the
subject, and also to the necessity of providing for such
expenses as have been thus far incurred. I transmit a
coihmunication of the Executive Committee of the Board of
Trustees, setting forth the arrangements which have beeji
made, and the present condition of the remaining buildings ;
and a letter of the Attorney-General upon the present legal
condition of the boys, and the authority by which they
should be held and governed.

It is my duty to call the attention of the legislature to the
necessity of early action upon the subject thus unfortunately
presented, and also to present some considerations as to the
system upon which the school has been managed up to the
present time.

During the twelve years since its establishment, 2,409
boys have been received as pupils, and of this number 557
remained in the school at the close of the year ending
September 30, 1858. Others had been discharged or were
apprenticed to proper occupations. Of the number thus
discharged, a very large proportion, it is believed, have been
thoroughly reformed, and promise a useful career as citizens
of the Commonwealth.

It is not to be expected of boys, brought together under
circumstances like those tiiat control the selection and
reception of the pupils of this institution, that all will
maintain reputable characters. This can scarcely be antici-
pated of the graduates of any educational establishment.
The school at Westborouofh suffers in commou with other

SPECIAL MESSAGES. 661

institutions, but in far greater degree, of course, from the
nature of its materials and the impossibility of impressing
upon a partially depraved nature a full appreciation of the
individual happiness that springs from a life of rectitude.
Enough has been done, however, to show that the worst
natures, vitiated by evil examples, or by want of proper
instruction and parental authority, may be thoroughly
reclaimed, and by patient and wise attention to physical,
mental and moral deficiencies, a good character may be
engrafted upon a stock of such vicious tendencies, as to
promise at the outset scarcely a possibility, and no reason-
able probability, of a healthy and satisfactory result. This
is another verification of the words of the great Master of
Nature : —

" We are never at the -worst
When we can say, this is the worst."

The advantage to the State of such reformation is two
fold. It secures what, in its individual character, is seldom
duly estimated ; the contribution to the public wealth of
an honest, industrious, enterprising and intelligent life of
nearly forty years' average duration — for the term passed in
the institution in acquiring information and an established
moral character is to be included in the useful part of a
career, as much as the time spent in invention or manu-
facture of machinery — and at the same time, and by the
same means, it protects society for a like period, from crimes
against property, liberty and life.

These are douljle advantages which the State and its
people derive from the successful operation of a school like
that established at Westborough. And if, in such schools,
success be more doubtful, it must also be said, that when
attained, it greatly enhances corresponding advantages and
honors.

In this respect the State has been well compensated for
its care and expenditure of money. That there are defects
in the system upon which it is established, must be
admitted, and the disaster of the present year offers an
opportunity for their correction which cannot wisely be
neglected. Its defects do not present themselves so much
in the inspection of the school itself, as in examination of
the principles upon which it is founded and in tracing the
career of its pupils.

It is, of course, impracticable to follow out each of these ;
but, in some instances, its untoward results may be noted

662 SPECIAL MESSAGES.

in the condition of other institutions. I have caused
careful inquiry to be made in some of the institutions of the
Commonwealth, during the past year, with a view to ascer-
tain what influence this school produces upon its criminal
population. The result, I regret to say, is not as satisfac-
tory as could be wished. Of convicts in the State Prison,
not much less than a tenth part are graduates of the State
Reform School.* This proportion, were it a necessary result
of the attempt at reformation, would still be far from
discouraging the efforts so honorably and sincerely made, to
reclaim juvenile offenders. But it is not. It is to be
charged, in my judgment, to defects in the system upon
which it is organized, and not upon the management of the
school. In this respect, I am led to believe, it has been
without serious fault. Nearly thirty of the most intelligent
citizens of the Commonwealth, representing all classes and
all interests, have been, since its establishment, connected
with the government of the school. So far as I am
informed, no person, thought to be qualified for the work,
has declined service when called upon to render it. The
periodical examinations and reports of the body of Trustees
have been thorough, and have, from time to time,
suggested defects under which the school labored. They
have employed, in every instance, competent and faithful
officers and teachers.

The State Reform School was established upon a Resolve
approved A4iriLJLt),_._1846, instructing commissioners to
procure an eligible site, by gift or purchase, for " a manual
labor school, for the employment, instruction and reforma-
tion of juvenile offenders," and a sum not exceeding ten
thousand dollars was appropriated for the purpose. The
Resolve was passed upon petitions to the legislature, numer-
ously signed, by judicial officers and other persons repre-
senting the leading interests of the State.

The able commissioners appointed under this Resolve
were aided at the outset, in their very difficult and respon-
sible task, by the wise and practical suggestions of a distin-
guished citizen, the late Hon. Theodore Lyman, who had
given much attention to this subject, and who accompanied
his suggestions by a donation of ten thousand dollars, upon
the single condition that the State should contribute an
equal sum, if the commissioners were of opinion that so

* The exact number of convicts now in the State Prison, who were
formerly in the school at Westborough, and whose names have been
returned to the executive department, is forty-five. The list is believed
by the officers of the prison not to include all from the Reform School.

SPECIAL MESSAGES. 663

much could wisely be expended for this piirfjj>se. This
donation was afterwards increased to the amount of seventy-
two thousand and five hundred dollars. Tlie name of the
generous donor was not made known to the public until
after his death in 1849. It has been often stated by tliose
representing this institution, that but for the generous and
timely donation and bequests of Mr. Lyman, the State
Reform School could not have been established. He may,
therefore, justly be honored as its founder, and the legisla-
ture in selecting a title, would probably have connected his
name with the institution but for earnest remonstrances of
those representing his family, who feared that the incorpo-
ration of the name of any individual with its title might
possibly lessen the interest of the State in its welfare, and
tend to a witlidrawal of that support and supervision indis-
pensable to its existence. It was upon this suggestion,
styled the State Reform School.

Mr. Lyman had rendered other important services to this,
his native State. Inheriting an ample fortune from his
father, who left an honorable reputation as one of the
founders of the commercial prosperity of Massachusetts, he
devoted nearly his whole life to public interests. He made
valuable additions to the literature of the country, as the
fruits of his early travel, and contributed to its historical
literature a history of the Diplomacy of the United States —
at the time of its publication one of the most important and
learned works upon that subject. He officiated for several
years as mayor of the city of Boston ; interested himself
and contributed liberally in her public charities, and to all
the benevolent enterprises of the State ; held responsible
positions in its military organizations ; gave attention to the
subject of agriculture and was an active member of the State
Horticultural Society, to which he made a donation of
110,000. He was long connected with the government of
the Farm School on Thomson's Island, and served as presi-
dent of the association for the improvement of prison disci-
pline from 1847 to the period of his death. During the
whole of his career, in his early studies and travels in
Europe, and as mayor of the city of Boston, he manifested
great interest in tlie subjects of crime and criminals ; the
discipline of prisons ; the possible reclamation of offenders,
and their restoration, especially of those young in crime
and in years, to the pursuits of useful and honorable citizen-
ship. It is to the practical and profound studies, the
patriotic, benevolent and generous nature of such a man,
that Massachusetts owes the establishment of the first State

664 SPECIAL MESSAGES.

institution on the American continent, for tlie employment,
instruction and reformation of juvenile offenders.

This is no slight honor in the history of the State or of
the founder of the school. But it is still more to the honor of
Mr. Lyman, that it can be said, as it may without exaggera-
tion, that every defect exhibited in this institution since its
establishment, has been occasioned by a palpable departure
from the eminently wise and practical suggestions made by
him for its direction and government.

It will be useful in view of its present condition, to recall
these suggestions, as they are presented in a reply to inter-
rogatories of the commissioners for the establishment of the
School, which is printed in the documents of the house of
representatives for the year 1847.

1st. He recommended that the buildings " should have
iron or stone stair cases, wide passages and easy and obvious
means of escape in case of fire, especially from the sleeping
rooms; and the rooms and the parts remote and little visited
so finished that they cannot be set fire to^ as the incendiary
propensity is very strong in some boys.''''

2d. That as to age of admission, boys over 14 years
should not be admitted. Boys of that age, he says, are
difficult to manage. If they have been for some time in a
vicious course, they become hardened, and being bad them-
selves, are very fit to make others bad. The exceptions
under this rule as to admissions when under fourteen years
sliould be in cases of boys that have shown a very depraved
disposition ; for a few boys of that description in the school
might retard if not prevent the reform of others and receive
no benefit themselves. Where the probability is very strong
that a boy is not susceptible of reformation, he should not
be admitted, because the probability is greater that he will
do harm to others than that lie will derive benefit himself.
No rule should be made against admission except where the
offence manifests great and especially deliberate depravity.

3d. " Commitments should be made by courts alone.
The institution should be considered a place of punishment
as well as a place of reform, and as under the authority of
the State. It will otherwise do little good. If thought to
be a school and farm, where boys are only obliged to learn
and work, many boys will not be unwilling to go, and
parents will not be unwilling to send them. I should
give no character of disgraceful punishment to the institu-
tion," he says, " but tlie character of a State School with an
established system of rules and government and discipline,
where boys are received because they are not fit to be at

SPECIAL MESSAGES. 665

large^ and where they are kept and trained miiil they are
considered fit to be restored to society."

4th. Provision should be first made for one hundred, with
arrangements to extend if required. The nature of his
view of enlargement is fully expressed in the codicil to his
will, by which he bequeathed to " his native State " fifty
thousand dollars " to establish in the town of Westborough
an institution or instituliom for the discipline, instruction,
employment and reformation of juvenile offenders."

5th. " Discharge of boys must be a matter of discretion,
and the rule should be, that the boy should serve out his
time, and the exceptions to this rule should be extraordinary
ones. No power should be used with more caution in public
places of punishment, than the power to pardon, for no
power is more liable to abuse."

It will be found, I believe, that the contravention of these
suggestions in the organization and management of this
school has been the cause of its failure to answer the utmost
expectations of its friends, and also of its present disaster.
Other wise recommendations in relation to employments,
amusements, ventilation, furnishing occupations, and money
upon discharge, <fec., which do not now call for especial
consideration, are suggested by the founder.

There has been manifestly a failure in the construction of
the buildings with reference to the "incendiary propensity"
which he describes.

The disregard of his views as to age of admission, has
been prolific of evil. Scarcely a report has been made by
trustees which does not refer to this subject. Pupils have
been rejected by the trustees in the exercise of a high
discretion, which they must of course be reluctant to exer-
cise against authorities for commitment, sometimes on the
ground of idiocy and of deficiency or excess of years.
Attention has been constantly called to this error by
trustees. So lately as in the report for 1857, it is said tliat
" boys have been sent to the school so young that tliey were
better fitted for the nursery than the more rigid discipline
of the Reform School." There seems in many instances, an
entire disregard of the consideration, whether the candidate
for admission had such bodily strength as to require greater
vigilance and more restraint than would be necessary for
the average number of inmates. Tiiis has greatly enlarged
the number of commitments, a fatal error in the system,
and rendered the classification which is indispensable to
reform, impossible.

666 SPECIAL MESSAGES.

A like error in the other extreme, has diminished its
correctional power. It was the wise suggestion of the
founder that boys over fourteen years of age should not be
admitted, and boys under that age, who had shown " a very
depraved disposition," should be made exceptions to the
general rule of admission. That there has been an entire
disregard of this view is shown by nearly every report of the
trustees. The average age of pupils has been for the last
year over thirteen years, and twelve years and three-
quarters for the whole term of the- existence of the school.
In the year 1856, tiventy-eight boys loere received over
sixteen years of age. The legislature, upon the urgent
recommendation of trustees, to remedy this evil, arising
from the inadvertence of magistrates or misrepresentations
of friends, required that the mittimus should set forth the
ages of boys committed. Other regulations will be required,
in my judgment, entirely to remove this difficulty. In the
very last report of the trustees, the serious attention of
magistrates is called to the question, " whether, after two or
three arrests and convictions, and especially, when the boy
is advanced to the age of fourteen years, he is a fit subject
for our school ; whether the probabilities of his reform are
not so small, and his influence on the younger and less
vicious boys so deleterious as to properly exclude him from
the institution ? "

The short term of sentence is another constant complaint
of trustees running through these reports for twelve years.
" A long sentence is more effectual than a short one." The
second report, in 1849, calls especial attention of judicial
officers to the subject ; and in 1857, the trustees, in com-
plaining of the large number of boys committed during the
preceding year, on " short sentences," find it " necessary
again to remind magistrates that the tendencies of such
committals is almost wholly to frustrate the original design
of the founder of the institution." It is probable that the
large number of boys from the Reform School, now convicts
in the State Prison, to which I have referred, are the victims
of this misjudgment as to term of sentence. So far as its
influence extends, it changes entirely the character of the
institution, making it one exclusively for punishment instead
of punishment and reform. It is a departure from the pur-
pose of the law, as from that of the founder of the school.
He required that boys should remain until they were " con-
sidered fit to be restored to society."

The class of offences for which committals to the Reform
School were intended to be made, has been entirely changed,

SPECIAL MESSAGES. 667

to the detriment of the institution. It was intended as a
rcfiioe for juvenile offenders against law, who, execpt for its
establishment, would have been consigned to prisons and
penitentiaries, as punishment alone, and without especial
reliance upon the principles of instruction, employment or
reformation. That this was its purpose, is readily gathered
from every record of the institution, the law creating it, the
reports of commissioners, of trustees, and officers, from the
instructions of its founder, and the express object and pur-
pose of its establishment, as suggested by Mr. Lyman, r>y
the commissioners who organized it, and also as indicated
by the liberal donation from the estate of Mrs. Lamb.
Instead of this, it has been made, to a very considerable
extent, a means of support for indigent children, and a sub-
stitute for parental authority. This is scon in a single fact,
running through every year's experience of the institution.
Of two thousand four hundred and nine boys, received pre-
vious to September 30, 1858, one thousand and twenty-eight
were sentenced for stubbornness : and if you add to this
number those sent as vagrants, (148,) and idle and disor-
derly boys, (107,) it constitutes a class numbering (1,278,)
more than one-half the entire population of the institution,
from its foundation. It is unquestionably true that the State
should make provision for indigent, idle, wandering and
stubborn boys, but it ought never to be done in the State
Reform School, which was designed for an entirely differ-
ent and higher purpose, inconsistent with the object of
mere support, instruction, or family government. Nothing
could be a greater departure from the expressed views of
the founder of the institution. It ought to be said, also,
that every board of trustees, as well as most of the super-
intendents and chaplains, have called the attention of
magistrates and legislators to this fact.

No boy should be sent to thq^school upon the sole charge
of stubbornness. It would not answer to imprison every
stubborn man. Stubbornness and firmness are divided
by very light and sometimes by almost indistinguishable
lines. It is a charge which is capable of indefinite extension
and application, and may cover the lightest or the most
serious offences.

" Obstinacy," said Mr. Burke, " is certainly a great vice ;
and is frequently the cause of great mischief. It happens,
however, very \infortunately, that almost the whole line of
the great and masculine virtues, — constancy, gravity, mag-
nanimity, fortitude, fidelity, and firmness, — are closely
allied to this disagreeable quality, of which there is such

6

668 SPECIAL MESSAGES.

just abhorrence, and in tlieir excess, all these virtues very
easily fall into it."

I can hardly forbear the citation of a religious authority
upon the same subject, not wholly disconnected with the
civil and religious education of our fathers. Sir Thomas
More, in denouncing the alleged heresies and setting forth
the opinions of Tindalle, says : " If anye Prince would by
any lawe or commandement compel hys people to anye of
those things ; Then Tindalle here plainly techeth thi that
they may and must stiffcly withstand hys tyranny. So that
fynally concerning obedience, Tyndalle's holy doctrine is :
that the people should in defence of hys (Tindallo's) false
heresies not let to disobei, but stubbernJij to withstande
their Prince."

It is not my purpose to encourage or recognize as necessary
evils, stubbornness, idleness, vagrancy, or other fault of this
character, but to call the attention of the legislature to the
impolicy of so blending them with the institution at West-
borough as greatly to enfeeble, if not to destroy, its
capacity for the high duties marked out for it, in the
philanthropic economy of individual generosity and State
legislation.

If any duty is unperformed, any law violated, any right
infringed, let the offender be punished for the act done, not
for a quality of mind, which may color good as well as bad
actions. I do not appreciate the necessity, at gi'eat expense
and by extraordinary measures, of weeding every element of
firmness out of the character of the youth of our State. I
would especially call the attention of the legislature to the
history ot" the statutes, in virtue of which this large number
of connnitments has been made, and to tlie verj wide
range of offences, covered not only by the same act but the
same section. It is only when stubbornness leads to a crim-
inal violation of law for a, criminal purpose, that it should
be recognized by the institution at Westborough. Stubborn-
ness is less an incentive to crime than ignorance. A man
may be stubbornly right as well as stubbornly wrong; but
ignorance is never an advantage. It is clear that, consid-
ering ignorance as an incentive to crime, we could not
imprison every ignorant man or boy : and it is equally clear,
in my opinion, that no boy should be sent to the Reform
School upon the single charge of stubbornness. If through
ignorance, idleness, vagrancy, or stubbornness, he has been
led into crime, let the record of his conviction set forth the
crime as well as the cause. This was the original intention.

SPECIAL MESSAGES. 669

and tlie wide departure from this purpose has been in many
respects fatal to the usefuhiess of the school.

It was a serious and most important question in the
inception of this institution, who should be invested with
autliority to sentence criminals to the school for reform.
" Should commitments be made by courts alone, or by
others, and if so, by whom ? " asked the commissioners.
" By the courts alone," answered the founder of the school.
" The institution should be considered a place of punish-
ment as well as a jilace for reform. It will otherwise do
li-ttle good."

The statute of 1847, approved April 9, authorized sentence
to the Reform School to be pronounced by any court or
justice. For the greater part of the time, therefore, there
liave been eight or ten thousand committing magistrates.
The third report of the trustees makes especial allusion to
this subject, (page 4,) in connection with the charge of stub-
bornness. It came to be understood, as was anticipated by
Mr. Lyman, that the institution was a school and farm
where boys were only obliged to learn and to work, and boys
were willing to go, and parents, because of the want of
means of support or instruction, on account of family
reasons, inefficiency of parental authority, or a fear of mis-
fortune, have been content to send them there. The result
of this facility of commitment has been, that in a little more
than a year after its organization, the trustees were obliged
to give public notice of their inability to receive more boys ;
and this notice has often been repeated since. The institu-
tion has been crowded to overflowing, until, in the last
year, there were at one time six hundred and thirty-nine
pupils, and an average of five hundred and ninety through
the year.

Tiiere can scarcely be a doubt, if the views of him who
so munificently endowed the school had been more closely
followed, the authority to commit limited to the "courts
alone," the list of olfences for which commitments were
made reduced to that class tried in courts and punished in
prisons and penitentiaries, — that the number of boys would
have been reduced one-half, to their advantage and to the
reputation of the school. This would have reduced the
number of pupils to three hundred, which was the number
contemplated by the law erecting the school.

In the reconstruction of this institution, it seems impera-
tive that we should recur to the views of those who were its
creators ; and following their views, guided by the light of

670 SPECIAL MESSAGES.

twelve years' experience, it may happen that as much of
good as evil will arise from the disaster of the last month.

It seems to me that it is clearly impolitic for the Com-
monwealth to re-estahlish the school upon its present
system. It will be far better to return to the ideas upon
which it was fonnded, the correctness of which has been so
completely shown in the experience of the past ; especially
should we regard the necessity of bringing it, so far as num-
bers are concerned, to the "moderate and limited scale"
suggested by Mr. Lyman. Not more than two hundred boys
should be brought together in one building; and that should
be so constructed as to admit of a perfect classification as
regards instruction, amusement, employment, and also tem-
perament, propensity and character ; it should be such as to
admit of entire separation and isolation, if necessary, for
incorrigible boys. The annual expenses of the institution
can be greatly reduced by the introduction of a greater
variety of employments, and secure both to the public and
to the pupils more certain and important advantages than
have been yet received from the institution.

The present time affords a favorable opportunity for the
consideration of the subject of nautical schools. In the
great national interest of commerce, in which Massachusetts
ranks as a pioneer, and still maintains an honorable position,
no greater evils are experienced than those which arise from
scarcity of American seamen. In our ships employed in
foreign trade, it is stated upon high authority, that not more
than one-fifth or one-fourth of the seamen are Americans.*
Other nations are making great exertions to increase the
number of efficient seamen. England pays them liberal
bounties on entering her service, and France has encouraged
this branch of her maritime interests, by paying a bounty
equal to twenty-five per cent, to those employed in her fish-
eries. In our own country, sea service, one of the most
important to which men can be called, either as it regards
the prosperity of the country or the honor of its flag, receives
no favor from government, alike to the detriment of com-
merce and the strength of the navy, which is in men rather
than in ships or engines of war. American seamanship,
in contradistinction from other national vocations, fails to
maintain its reputation and its capacity. The fisheries, the
early and prolific nursery of American seamen, arc rapidly
declining, and upon the threatened withdrawal of the existing

* Memorial of Robert B. Forbes, Esq., to Congress, on the subject of
Floating Schools for the education of seamen.

SPECIAL MESSAGES. 671

light bounty, will fail long to contend against English and
French competition. There is no institution of the general
government in wliich young men are made seamen. No
State has entered upon this duty ; and unlike every other
calling, there is no opportunity, except in a single school of
this character in the city of Baltimore, for those who desire
to become educated seamen.

Will it not be wise for tlie legislature to consider tlie
expediency of making some provision of this character, for
tlie surplus energy and intellect of its misdirected youth who
now are led to criminal courses, and end with the life of the
convict ?

Americans love the sea. They are, as it was said by the
first Napoleon, the best sailors in the world. No career
offers a more certain and liberal compensation for intelligent
enterprise. There is no surer avenue to individual and
national prosperity, than that which lies in tlie direction of
an extension of commerce. It is a rational substitute for
the barbarian filibusters of the age. We want commerce
and not dominion. To maintain commerce, we must obtain
seamen. The romance of a depraved youth generally leads
him to the sea. His readings are from the pages of Defoe,
Cooper, Byron, Marryatt and Falconer, whose glowing por-
traitures have drawn from the hearth-stones of iidand homes,
as well as from city haunts, in times past, the best or the
wildest of their sons. The terrible disasters tliat occur at
sea, which have engulfed so many of our people, are caused
or increased in too many instances, by the scarcity or incom-
})etency of seamen. Bad seamen make inefficient officers ;
and good seamen render it impossible that incompetency '
shall maintain the highest position on the quarter deck. Is
it not practicable to turn, therefore, something of the excess
of vicious youth, to pursuits so congenial to many, and
which will minister so directly to their own advancememt in
iionorable courses of life, — to the enlargement of our com-
merce,— to the security of ocean travel, — to tlie prosperity
of the people, — the extension to other lands of tbe principles
of American liberty, and to the honor of the American flag?

A vessel of seven hundred tons would accommodate, I am
informed, two hundred and fifty boys. It could be purchased
for this purpose for -15,000 or $8,000. It is not impossible
that a condemned government ship, in every respect suitable
for this purpose, could be obtained at a favorable opportunity,
from the General Government, which could hardly fail to
favor a sale of an unseaworthy ship of the line, for such an
object, at a reasonable cost : and it is probable that in a

672 SPECIAL MESSAGES.

period of greater commercial prosperity than the present,
those engaged in the merchant service would liberally con-
tribute in aid of an enterprise of this kind. Boys could be
received on board ships, of a riper age than at Westborough.
A more stringent discipline could be enforced, and good
conduct and rapid advance in study, be rewarded by pro-
motion to honorable offices and duties on board ship. At
the age of fifteen or sixteen years, after study and practice
of one or two years, they would be received in the merchant
service at wages, and as educated seamen, liave opened to
them profitable and respectable courses of life.

If the legislature should hereafter, upon due investigation,
and upon proper aid rendered by other parties interested,
think it expedient to enter upon a limited experiment of this
character, to Massachusetts would belong the honor of hav-
ing established the first State Reform School for Boys ; the
first State Industrial School for Girls, and tlie first State
Nautical School for educating seamen.

There is one consideration that enforces upon the legisla-
ture a liberal view of the necessities of the State Reform
School at Westborough, as regards appropriations and expen-
ditures, though I can entertain no doubt tliat in this, as in
all benevolent enterprises, the legislature will maintain the
high character of the State for a generous providence in
belialf of the unfortunate.

It is stated in the second report of tlie trustees, that in
addition to the sum of >|!l2,500 given by the then unknown
donor, with which the entire farm had been purchased, they
had received from the same source ten thousand dollars
• upon condition that tlie State should pay an equal sum.
This was paid and invested " according to the conditions
prescribed by the giver as a permanent fund," the income
of which was to be expended for the benefit of the scliool.
In the tliird report, after the decease of the donor, it is
announced that by his will, he left the sum of 1)50,000 in
addition to his former donations, as a legacy to the institu-.
tion — making -$72,500. " Twelve thousand five hundred
dollars," it is stated, " were employed in purchasing the
two farms on which our establislmients are located; and tlie
remaining sum of sixty thousand dollars, which includes
the ten thousand already received and invested, will, in
accordance ivith the directions of the testator, be invested as
a permanent fund, the income of which is to be used at the
discretion of the Trustees," to promote the prosperity of the
institution.

SPECIAL MESSAGES. 673

It does not appear from the language of the codicils that
the bequest was coupled with this condition, but there can
be no doubt that such was the intention of the testator, and
such tlie understanding of the representatives of the insti-
tution. When the enlargement was made in 1853, as it
appears by the seventh report, the expense, amounting to
$54,752, was " met by an appropriation from the Lyman
Fund of 150,000, leaving but )|!4,752 to be provided by the
legislature. There can be no doubt that this appropriation
was justified by the terms of the will, and as little, I sup-
pose, that it was different from that intended by the testator,
or anticipated by the trustees that received it in behalf of
the State. The buildings, included in the enlargement,
having been erected from the Lyman Fund, and now
destroyed by fire, it will appear, — if the legislature shall
decline appropriation for the restoration of the school upon
a safer foundation, — that the State, by an enlargement not
contemplated by the founder, and an appropriation of his
bequest not anticipated nor intended by him, as his purpose
was interpreted by those who received his directions, having
expended in a fruitless work the proceeds of his philanthropic
generosity, is disinclined to replace from its own treasury
an amount equal to that lost to the Lyman Fund by the
enlargement and the late conflagration. I trust that will
not be the conclusion of the legislature, but that, with wise
liberality, and wisdom enlarged by experience, this first
and greatest work of any State for the reformation of juvenile
offenders will be placed upon a more permanent foundation,
with enlarged opportunity and power for the full completion
of its beneficent and patriotic purpose. ^^

[To the Senate, September 7.]

By an Act of the legislature, approved on the fifth day of
April, 1859, it is provided : " That his excellency the gov-
ernor, his honor the lieutenant-governor, the secretary of
the board of education, the attorney-general, the secretary
of the Commonwealth, the treasurer and receiver-general,
and tlie auditor of accounts, be and hereby are authorized
to effect for and in behalf of the Commonwealth, a purchase
of the estate known as the Hancock House, if in their
unanimous judgment and discretion, after all necessary
investigation and examination, it be deemed expedient for
the Commonwealth to make such purchase : provided^ that
not more than one hundred thousand dollars shall be paid
therefor, and that no alterations in the external or internal
arrangements of said house be made, otherwise than to keep

674 SPECIAL MESSAGES.

the same in good repair while it remains the property of the
Commonwealth, and that it shall never be used as a resi-
dence for the governor of the Commonwealtli." And
further, that " If such purchase shall be made, they shall
communicate the fact to the legislature at the sessioji to be
held in September next, and shall accompany their commu-
nication with a recommendation as to the uses to be made
of said estate in the future, together with an estimate of
what expense and outlays will be necessary for its repair
and maintenance." An Act of the same legislature, ap-
proved April 5, 1859, entitled " An Act estal)lishing the
Superior Court," section 36, provides that '' a law term of the
supreme judicial court shall be held at Boston, on the first
Wednesday of January of each year, which term may be
adjourned from time to time, to such places and times as
may be most conducive to tlie dispatch of business and the
interests of the public ; and all questions of law, whether
arising upon appeal, exceptions or otherwise, and from
whichever court, shall be therein entered and determined,
if the same arise in either of the following counties : Essex,
Suffolk, Middlesex, Norfolk, Plymouth, Bristol, Barnstable,
County of Dukes County, or Nantucket, and all questions
of law in criminal cases."

This provision of the statutes makes the law term of the
supreme judicial court emphatically a State law term, and
may require that other provision for the accommodation of
the supreme court than that now existing in the county of
Suffolk should be made by the State. In answer to a com-
munication addressed to his honor Frederick W. Lincoln,
Jr., mayor of the city of Boston, inquiring whether, by lease
or otherwise, suitable accommodations for the law term of
the supreme court, under the recent Act, could be furnished,
I am informed that, as far as possible, the city is willing to
furnish, without charge to the State, the same rooms now
occupied by the supreme court in transacting the business
of the county of Suffolk ; but that if the court should hold
two sessions at the same time, another room cannot be fur-
nished without enlarging the court house, which is not likely
to be done at present.

I transmit to the senate, for the use of the legislature, a
copy of the correspondence, and also a copy of a report of
the board of aldermen of the city of Boston upon the same
subject.

It is probable, therefore, that, ultimately, tlie State will be
required to furnish suitable accommodations for this term of
the supreme court.

SPECIAL MESSAGES. 675

It has appeared to me, upon such consideration as I have
been able to give this subject, that suitable rooms in the
capitol may be had by transferring the executive offices of
the governor and council to the rooms of the Hancock
House, if it should be purchased by the State, or by appro-
priating this house to the use of the court, as the legislature
should deem most expedient.

If it shall become necessary to provide new accommoda-
tions for the law term of the supreme court, to be the exclu-
sive property of the State, — and ihe State, manifestly, should
be the exclusive owner of the halls of justice appropriated to
its use, — I know of no arrangement more for its interest than
the one suggested. It seems to be the most appropriate use
to which the Hancock House could be assigned, if tlie pur-
chase contemplated by the Act referred to should be effected.

In addition to the spacious, airy and eligible accommoda-
tions for the court, and the people interested in its proceed-
ings, it will have an immediate proximity to the State
library, which has perhaps a broader foundation for an
extended and perfect law library than any other collection
of books in the Commonwealth presents ; and I believe that
by an expenditure of perhaps one thousand dollars, and a
special appropriation of two or three hundred dollars to the
purchase of law books in which the library is now deficient,
out of the sum of twenty-three hundred dollars annually
expended for its enlargement, it can be made one of the
most comprehensive and perfect law libraries to be found in
any country.

I have the honor to inclose a communication from the
attorney-general, honorable Stephen H. Phillips, upon the
condition and capacity of the library in this respect.

I have not thought it proper, however, to take any steps
whatever, leading directly or indirectly to so important a
result as the removal of the supreme court from its present
location, without the assent and direction of the legislature.
And as the Act by which the commissioners named therein
were invested with a partial authority of purchase, required
the unanimous concurrence of all its members, not only in
the purchase but as to the uses to which it should be appro-
priated, I have thought it unnecessary, being unprepared
to enter upon the purchase myself for the purpose to which
it seemed to me best adapted, to order a meeting of the
commissioners named in the Act.

Since the adjournment of the legislature, I have learned
that the immediate transfer of this property will be affected
by a condition embodied in the will of the late Mr. Hancock.
7

676 SPECIAL MESSAGES.

The provision is as follows, viz. : — " I direct that the man-
sion house estate in Beacon Street shall not be sold until four
years after my decease, and that the sale of the same shall
be advertised in one or more papers in Boston, New York,
Philadelphia and Washington. I hope the estate may not
be sold, but retained in the family ; but if sold, I direct that
if not sold in one lot it be sold in four separate lots, and if
sold in four separate lots, that the house be sold separately."

It does not appear, however, that the restriction upon
the transfer of title materially affects the negotiation on the
part of the State, if the purchase shall be desired. All the
heirs to the estate desire its transfer to the Commonwealth.
They will ask nothing in the nature of payment until a full
title to the estate may be given, and are ready to give, as I
am informed, such assurances of their purposes and inten-
tions as may be required of them in the event of a contract
for purchase being made between them and the Common-
wealth.

If the pressure of special and very important business
which engages the attention of the legislature at this session,
shall preclude the possibility of a full consideration of the
subject at this time, it will be expedient to refer it to the
next legislature, which will have, from the experience of
the supreme court, under the Act of 1859, better means of
judging of the necessity of a transfer of the court from its
present location, and the expediency of purchasing the
Hancock House, with reference to its ultimate establishment
there or at the capitol.

[To the Senate and House of Representatives, September 7]

I have the honor to transmit for the information of the
senate and house of representatives a copy of a general order
from the military department of the government, providing
for an encampment of the volunteer militia of the Common-
wealth, in full force, at Concord, near the ancient battle
ground, on the 7th, 8th and 9th days of September, instant.
It will be, as I am informed, the first encampment of the
entire military force of any State of the Union in time of
peace. It will embrace the volunteer militia in active ser-
vice from every part of the Commonwealth — every division
being represented in unusually full ranks.

The camp presents to the legislature, therefore, an oppor-
tunity that has never before occurred, for examining with
very great minuteness the actual condition of this arm of
the public service with regard to its numerical strength, its
capacity for active duty, its discipline, conduct, equipment

SPECIAL MESSAGES. 677

and organization. When so mnch that relates to the public
defences depends upon the efficient organization of citizen
soldiers, and so large drafts are annually made upon the
treasury for its support, it becomes important that its actual*
condition and character, in all respects, should be understood
by those who are charged with the duty of making appropri-
ations of public money for its maintenance, and enacting
laws for its regulation and government. Such an opportu-
nity is now presented at Camp Massachusetts. The infor-
mation it affords will not be drawn from reports of sultor-
dinate or superior officers, nor from departments, but from
actual personal observation.

The camp will represent the substantial condition of the
service, and the habits and character of Massachusetts citi-
zen soldiers. Large bodies of men cannot suddenly assume
habits of life unfamiliar to them, nor successfully maintain
against the scrutiny of intelligent men a character for
sobriety, orderly conduct, and manly discipline, which does
not belong to them. The legislature will see the militia as
it is, and judge if it be as it should be. The troops and the
friends of the system ask nothing more than that its true
character may be known to the legislators and to the people
of the Common weal til.

The review of the line will take place on the morning of
Friday, the ninth day of September, instant, and I respect-
fidly invite tlie senate and tlic house of representatives to
visit the camp on that day, to inspect its condition, to parti-
cipate in the review of the troops, and to accept such hospi-
talities as the camp affi)rds.

A special train will be appropriated to the service of the
legislature by the liberality of the Fitchburg Railway Com-
pany, and I am authorized, if the legislature shall accept
the invitation to be present, to tender, at its pleasure, for
purposes of escort duty, the services of the Ancient and
Honorable Artillery Company.

[To the Senate, September 7.]

By an Act of the legislature approved April 2, 1859, it is
provided that the avails of the sales of lands belonging to
the Commonwealth in the Back Bay, shall be paid into the
treasury, to be held, invested and applied, in accordance
with the provisions of sundry Acts and Resolves therein
named ; and after the provisions of said Acts and Resolves
are complied with, it is further provided that twenty per
centum of the avails of such moiety remaining shall be paid

678 SPECIAL MESSAGES.

to such persons as should be, at that session of the legisla-
ture, incorporated as the Trustees of the Museum of Com-
parative Zoology ; such payments not to exceed, in the
aggregate, the sum of one hundred thousand dollars ; and
upon condition that it shall be made to appear, to the satis-
faction of the governor and council, that there has been
secured by subscription, in aid of such institution, in cash
or bonds of unquestionable security, an amount equal to
the amount then to be paid to such institution, according to
the terms of the Act.

By a subsequent Act approved April 6, 1859, the
governor, lieutenant-governor, president of the senate,
speaker of the house of representatives, secretary of the
board of education, and chief justice of the highest judicial
court, ex ojficiis ; and certain individuals named in the Act,
are made a body politic and corporate, by the name of the
Trustees of the Museum of Comparative Zoology ; with all
the powers and privileges usually granted to such corpo-
rations.

I have thought it to be my duty to inform the legislature,
that under the provisions of tlie Acts referred to, the corpo-
ration authorized has been duly organized, and that,
including, in accordance with the terms of the Act creating
the corporation, the sum of fifty thousand dollars heretofore
contributed to the support and maintenance of the museum,
by William Gray, the sum of one hundred and twenty-one
thousand dollars has been subscribed, and will hereafter be
paid in support of the museum.

I have also the honor to transmit to the senate for the use
of the legislature, a copy of the by-laws of the trustees of
the museum ; a copy of the articles of agreement between
the trustees of the museum and the president and fellows of
Harvard College ; a copy of the deed of land, on the part
of the president and fellows of Harvard College to the
trustees of the museum, and their successors ; and a list of
the contributors to the fund subscribed for the support of
the museum.

Arrangements have been made in the articles of agree-
ment, with a view to secure to the public the freest enjoy-
ment of and access to the museum, consistent with its use
for scientific and educational purposes.

Provision is also made for lectures and instruction to
classes of teachers of the public schools, to classes of pupils
in the normal schools in the Commonwealth, and to such
special classes of students and persons not connected with
the institutions named in the Act, desirous of availing

SPECIAL MESSAGES. 679

themselves of the instruction of the curator, Professor
Agassiz, and of the advantages of the museum, as may be
received or invited.

Ground was broken for the erection of the buildings, on
the 14th of June last. A contract has been made for the
construction of a part of the proposed museum, about eighty
feet by sixty, composed of brick with fire proof walls and
floors, at a cost of 84:1,800. The building is now in
progress, and may be completed in November of the present
year.

[To the House of Representatives, October 3.]

The legislature passed an Act approved the sixth day of
April, 1859, entitled " An Act in relation to the Back Bay
and the Public Garden in the city of Boston," for the pur-
pose of obtaining an adjustment of an unsettled question as
to the rights of the city of Boston in a strip of land lying
between Arlington Street and the Public Garden.

By the provisions of the sixth section of this Act, the board
of aldermen was required to submit the statute to the legal
voters of the city of Boston for their acceptance or rejection.
The Act was accepted on the twenty-fifth day of April, 1859,
and proclamation of the fact was duly made in accordance
with the terms of the Act by the secretary of the Common-
wealth ; a copy of which proclamation is herewith trans-
mitted.

By the fourth section of the Act, it is provided, that, " for
the purpose of determining a just equivalent to the city of
Boston, for the relinquishment hereby made of any rights
the said city may now have to erect buildings on the strip of
land on Arlington Street, which was conveyed to the city by
the said indenture of December eleventh, eighteen hundred
and fifty-six, the governor of the Commonwealth and the
mayor of said city shall appoint three commissioners, who
shall make an award thereon ; and the Commonwealth shall
convey to the city of Boston such portion of the land or flats in
the Back Bay, belonging to the Commonwealth, and upon such
limitations and restrictions as the said commissioners shall
order and direct, in said award, as such equal equivalent ;
and if such commissioners shall not be appointed within
thirty days after this Act shall take effect, the supreme
judicial court, iipon the representation of either party, and
upon notice to the other, shall appoint such commissioners."

Acting under this provision of law, the governor of the
Commonwealth and tlie mayor of the city of Boston appointed
three commissioners, honorable Josiah G. Abbott, of Lowell,

680 SPECIAL MESSAGES.

honorable George B. Upton, of Boston, and honorable
George S. Boiitwell, of Groton, to consider the subjects
embraced in tlie section cited and to make an award thereon.
The commissioners, upon a review of the whole question, and
a patient hearing of the parties representing the Common-
wealth and the city of Boston, made an award transferring
to the city of Boston specified portions of the lands in the
Back Bay as an equivalent, with other conditions named in
the Act, for the surrender of its right to build upon the strip
of land between Arlington Street and the Public Garden,
which award was in accordance with the provisions of a sub-
sequent Act approved on the sixth day of April, confirmed
by the governor and council, and deeds of land in accordance
therewith were delivered to and accepted by his honor the
mayor of the city of Boston.

I have the honor to transmit herewith a copy of the award
of the commissioners, a resolution passed by the council in
confirmation of the same, and a copy of the deed of land
delivered to the city of Boston.

No provision has yet been made by the legislature for the
compensation of tlie commissioners wlio were appointed for
tlie adjustment of this controversy. By an agreement with
his honor the mayor, and by the terms of the award, it was
determined that the expenses of the arbitration should be
borne equally by the Commonwealth and the city govern-
ment, and in pursuance of that arrangement one-half of the
expenses of the award, liavc been paid l)y the city of Boston.
I have the honor to transmit herewith the account of the
commissioners, and respectfully request that an early pro-
vision may be made for the adjustment of the unsettled
balance of their claim.

By the terms of the Act it was provided that the perma-
nent Board of Commissioners on the Back Bay should cause
to be filled, at the expense of the Commonwealth, the piece
of land between Arlington Street and the Public Garden.
This was done within one month from the rendering of the
award, at an expense by contract, of twenty-five thousand
dollars. Legislative action is required, to authorize the
application to this particular purpose of a portion of the
funds placed at the disposal of the commissioners, to be used
for purposes of improvement.

The compensation of the special commissioners who made
the award may likewise be properly charged to the same
account, and accordingly the whole of these expenditures,
like the others required for the prosecution of the work, will

SPECIAL MESSAGES. 681

cause no burden whatever to the ordinary revenue of the
Commonwealth.

It may not be improper, in order that the liberal course
pursued by the Commonwealth in regard to this great public
improvement may be perfectly understood, to refer to the
origin of the controversy, now fortunately adjusted.

In consideration of the surrender of certain conceded and
asserted rights not greatly important to the city but materi-
ally affecting the interests and possessions of the Common-
wealth, a committee of the legislature, appointed under
Resolves of 1856, chapter 70, to act with the commissioners
on the Back Bay, by a tripartite indenture between the
Commonwealth, the city of Boston, and the Water-Power
Company, dated December 11, 1856, granted to tlie city of
Boston the strip of land lying between Arlington Street and
the Public Garden, upon which the award of the commis-
sioners lately appointed was founded.

The grant of land was not only without conditions, but
expressly waived all conditions as to its use. And it was
upon this fact that the city founded its unquestionable right,
according to the terms of the grant, to use the land for such
municipal or building purposes as should be deemed expe-
dient.

Yet it is equally certain, that the cession was made on the
part of the State with an understanding, or in the belief,
that it would be used only as a part of the Public Garden,
and not for city buildings or dwellings. It will be manifest
that the legislature would never have granted to any party
this piece of land, the key to the whole of its possessions in
the Back Bay, and separating them from the Public Garden
and the Common, except in the belief that it was not to be
used for building purposes, but to add to the public grounds
of the city.

This is shown not only by the nature of the transaction
and the position of the land, but in the explicit language of
the reports of the committee of the two houses of the legisla-
ture, and of the commissioners on the Back Bay.

The report of the committee of the legislature has this
explanation of the grant of land made to the city : —

" The agreement provides for a new boundary at right angles to the
Mill-dam, and to effect this purpose, (since the city could not alienate any
portion of the Public Garden,) the State grants to the city a piece of land
to be willed to the Public Garden, of about the same size as that on which
extended the restriction already mentioned as prohibiting the ei'ection of
buildings ; and the city in return relieves the Commonwealth irom this
restriction." [Page 9, Senate Document No. 17, 1857.]

682 SPECIAL MESSAGES.

The government of the city, standing upon the terms of
the grant, claimed unrestricted possession for any purpose
whatever, — as it certainly liad a riglit to do, — and the com-
missioners awarded, in the consideration of its rights, an
additional tract of ■14,800 feet of land as a just equivalent for
the surrender of the same to the Commonwealth, and its
dedication to the uses as a part of the Public Garden, and
the perpetual preservation of the Public Garden itself,
excepting only tlie right of placing a city hall tliereon.

Tiie legislature in -1814, granted to the Boston and Rox-
bury Mill-dam Corporation, the perpetual right of flowage
over the Back Bay lands. This right covered about two
hundred and five acres owned by the State, and two luindred
acres above the riparian line, owned by various parties. The
whole of this land was subject to the right of flowage, and
was flowed by the Boston Water-Power Company, which came
into possession of the rights previously granted to the Mill-
dam Corporation. The results of the exercise of this right
of flowage to tlie city of Boston are thus described in a
report upon the drainage of the Back Bay, in 1849 : —

" In fact the Back Bay is at this hour nothing less than a great cess-pool
into which is daily deposited all the filth of a large and constantly increas-
ing population. And it is a cess-pool of the worst kind, contrived as it
were for the purpose of contamination and not relief; for it is an open
one, and therefore exposed continually to tho, action of the sun and weather,
and every west wind sends its pestilential exhalations across the entire
city." " A greenish scum many yards wide stretches along the shores of
the basin as far as the Western Avenue ; whilst the surface of the water
beyond is seen bubbling like a cauldron with the noxious gases that are
exploding from the corrupting mass below." [Pages 11 and 12, Boston
City Document No. 14, 1850.]

The Commonwealth purchased of the Water-Power Com-
pany this right of flowage, by the release of one hundred and
two acres of land, and thus extinguished the nuisance com-
plained of, and obtained for itself and the riparian proprie-
tors the right to reclaim the flats with filling of solid earth.

The Commonwealth has purchased, by surrender of its
interest in certain flats north of the Mill-dam to the Mill-dam
Corporation, the freedom of the Western Avenue from tolls
in May, 1863, if it does not earlier occur ; tlius removing by
its own act, the only toll now remaining upon the roads or
bridges leading to or from the city. It has, by a most liberal
plan of avenues and streets, surrendered one-third of its land
when reclaimed by solid filling to this purpose, and by the
release of other valuable interests to the Water-Power Com-
pany, secured the continuation of the same liberal plan of
avenues and streets through the lands of that corporation.

SPECIAL MESSAGES. 683

It has also made liberal provision for the drainage of that
part of the city, at its own cost.

It has appropriated from the revenues tliat may be received
for sales of the lands so reclaimed, the sum of $100,000 to
the erection of the Museum of Comparative Zoology, which
though it may ultimately become an institution of great
interest and importance to the whole State, had its origin
cliiefly in the public interest manifested by the city, as
appears from the fact that of the subscribers to the fund of
nearly one hundred and twenty thousand dollars in its aid,
all, with very few exceptions, were citizens or residents of
Boston ; and of the appropriation from the same source — the
sale of lands — in support of the system of public schools,
which will amount, it is believed, to a million or a million
and a half dollars, at least one-tenth part will be paid for the
support of the schools of the city of Boston.

In addition to these advantages, the territory itself has
been annexed by legislative act to the city, adding to its
taxable property whatever may be its value when completed.

There are few cities exerting such extensive influence
upon the world, so circumscribed as the city of Boston.
With an area of little more than three thousand acres, of
which the city proper has but one thousand three hundred
and sixty acres, and an increasing commerce and population,
its confined limits become a subject of consideration as it
regards the convenience of its people and its relation to other
commercial cities and States.

Institutions of government and the habits and capacity of
the people being the same, the relative importance of cities
is estimated chiefly upon considerations of population and
territorial extent.

The capacity of the people of different parts of the country
for product and consumption must be nearly the same, and
the strength of population is necessarily limited by the extent
of area.

Such considerations naturally have an influence upon the
domestic and foreign trade of the city of Boston. The addi-
tion of a hundred acres — nearly a thirtieth part of its present
entire area — is therefore an event of consequence, and an
advantage that is entitled to consideration.

When that addition consists, as in this case, of property
like that reclaimed from the Back Bay, made solid by filling
of the purest earth — capable of sustaining the most substan-
tial structures, generally without other support than that of
the earth itself — intersected by spacious streets, and an
avenue of two hundred and forty feet in width extending in

8

684 SPECIAL MESSAGES.

direct line for a distance of four miles, ornamented with
public walks and carriage ways, with grass plots and planta-
tions of trees, — to be adorned hereafter, it is to be hoped,
by the erection of statues and works of art, and the whole
surrounded by stately mansions such as improve the most
favored portions of the city, — it cannot but add to the
renown of tlie Commonwealth and the lasting and inappre-
ciable advantages of its capital city.

The contractors with the Commonwealth, who have under-
taken to reclaim these lands by solid filling, are pursuing
their work with great success, and in a manner that leaves
nothing to be desired on the part of the State or its pur-
chasers.

I am informed by the commissioners that efficacious and
early arrangements will be made for the sales of land, and
the completion of this most important public work ; and I
feel assured that neither the city of Boston nor the people of
the Commonwealth will have cause to regret the adjustment
of the difficulty, which for a brief period has interrupted its
progress, or the liberal plan which has been adopted for the
management of its landed interests and the improvement of
tlie metropolis of New England.

[To the Senate, October 3.]

I have the honor to transmit to the honorable senate, for
the consideration of the legislature, a communication,
signed by S, G. Howe, R. C. Waterston, George S. Bout-
well, George B. Emerson, Alpheus Crosby, E. Edmunds,
and Josiah Quincy, Jr., a committee appointed at a public
meeting in the city of Boston, respectfully requesting that a
suitable place be assigned in the State House grounds for
the erection of a bronze statue of Horace Mann, to be
procured by general subscription among the people of the
State. I recommend that this request be granted. Works
of art, independent of associations of personal character, are
of the highest public utility. They elevate the popular
taste and are in themselves a source of instruction and
rational pleasure. In the controversies of men who under-
take by statutes or institutions of government conformable
to the genius or necessities of the age in which they live, to
supply the deficiencies or to correct the errors of the past,
there is much of tribulation and anguish, for which the life-
time of those who suffer, offers no adequate compensation.
Perhaps the thought that most encourages persistent effort
in great enterprises, in addition to the hope of contributing
to public welfare, is that of leaving a name worthy to be

SPECIAL MESSAGES. 685

remembered in the land's languag:e. Monumental memo-
rials enable us to repay with j^rateful and unfailing remem-
brance such services of great and good men, to minister to
an honorable and patriotic ambition, and to stimulate every
generation to a generous emulation of high thouglits and
magnanimous actions. Far from prompting indiscriminate
approval of historic character and historic acts, they incite
constant and intelligent inquiry, and lead multitudes of
men to conscientious investigation and just conclusions.

It is well for the age in which we live that the deeds of
good men are held in constant public remembrance, and the
State can hardly establish for its people a nobler reputation
than to show, that with a spirit of their own, they cherish
the fame of those whose public labors have established
important public privileges.

The department of education was one to which the
founders of the government gave their earliest attention. It
has received the support of the ablest of every class of our
citizens, and is now as it ever has been one of the most
cherished institutions of the people.

Among the eminent men who have given lives of labor to
its support, no single life has been more devoted in duty,
more successful in labor, or of greater value to the Com-
monwealth, than that of the late Horace Mann.

His services in the legislature, in which he initiated many
important measures, as representative of a portion of the
people in the congress of the United States, his labors in the
codification of the statute laws, as well as his enthusiastic
and wise devotion to the cause of popular education in
which he may be justly said to have sacrificed his life, have
drawn to him with remarkable power the affections of the
people of the Commonwealth, and constitute a character
that is worthy an enduring public commemoration.

[To the House of Representatives, November 19.]

In answer to an Order of the house of representatives,
bearing date the 2-lth of October, I have the honor to trans-
mit such information as the records of the land department
present, in answer to the following inquiries:

1. The quantity of lands owned by the Commonwealth in
the State of Maine.

2. Tlie portion in any way subject to mortgages or other
conditions.

3. Tlie facts elicited by the investigations of the com-
mittee appointed under chapter 52 of the Resolves of the
present year.

686 , SPECIAL MESSAGES.

From the establishment of the land ofRce, January 1,
1785, to the year of the separation of Maine from Massa-
chusetts, 1820, the number of acres of land sold in the
territory now constituting the State of Maine, was four
millions three hundred and sixty-eight thousand nine
hundred and seventy, (4,368,970.)

In the same period there were grants in aid of colleges,
academies, and for other public purposes, amounting, in
acres, to one million seventy-four thousand nine hundred
and twenty-nine, (1,074,929,) making a total alienation
from 1785 to 1820, of five millions four hundred and forty-
three thousand eight hundred and ninety-nine acres,
(5,443,899.)

The amount received in the treasury from these sales,
from 1785 to 1820, was 1896,281.67. [Report land agent,
1843, p. 8.]

From 1820 to 1851, the number of acres sold, of lands
held in common with the State of Maine, was eight
hundred eighty-four thousand three hundred and forty-one,
(884,341.)

Of the lands held separately by Massachusetts were sold
in the same period, one million five hundred and eighty-nine
thousand four hundred and ninety-one acres, (1,589,491,)
making a total in acres, of two millions four hundred and
seventy-three thousand eight hundred and thirty-two,
(2,473,832.) [Report 1851, p. 2.]

It thus appears from the records of the land department
that the number of acres sold from the establishment of the
land office in 1785, to 1851, deducting grants made for
public uses, was six millions eight hundred and forty-two
thousand eight hundred and two, (6,842,802.) The
earliest reservations for public uses were 340 acres for each
township. Subsequently, as early as 1790, reservations
were made of four lots of 320 acres each ; one for the
, support of the settled minister ; one for the ministry ; one

for schools, and one reserved for future legislative appro-
priation, making 1,280 acres for each township. In 1832,
the reservation was established at one thousand acres for
each township.

Grants of land have also been made at different periods
for educational purposes, for support of soldiers of the Rev-
olution, and for settlers at Madawaska, pursuant to article
fourth of the treaty of Washington.

No extensive sale of land appears to have been made in
1851 or 1852. Sales previously made were confirmed in
those years by the commissioners, and the amount received

SPECIAL MESSAGES. 687

in the treasury for lands was mainly derived from this
source. The amount received by the treasurer from the
sale of lands from 1785 to 1820, was $896,281.67.* The
amount received for sale of lands from 1820 to 1858 was
^2,032,920.

By a contract made twelfth March, 1853, and confirmed
by a deed dated September 1, 1853, a sale of 442,719 acres
of land, after dcductino- lots reserved for public uses, was
made to Clark & McCrillis, for the sum of !$260,000, and
another tract of land described in the same deed, for
$12,000. Of these sums $123,240 remained unpaid October
1, 1859. For the security of this sum a lien upon the
timber cut, and the land itself is pledged by the terms of
the deed.

A committee was appointed at the late session of the
legislature to consider and determine, after investigation
and personal examination of the land, what deduction from
this sum could justly be made, without improperly sacrific-
ing the interests of the Commonwealth. The final report of
this committee was submitted to the governor and council
on the 16th instant, and for the information of the house, in
answer to the last inquiry embraced in the Order of the
24th of October, a copy of the same is herewith transmitted.

The report is accompanied by the recommendation that
the debt now due be reduced by abatement from the sum of
$141,482.40, to the sum of $84,055.94.

By a deed bearing date October 5, 1853, this State con-
veyed to the State of Maine all its remaining interest in the
lands of that State, including reservations for public uses,
consisting of about one million two hundred and one thou-
sand three hundred and twenty-eight acres, for the sum of
$362,000, of which sum $112,000 was paid in cash, and the
balance in the scrip of that State. This sale closed up the
land transactions of Massachusetts in the State of Maine.

A recapitulation of the facts herein presented will afford
an intelligible view of the transactions of the land depart-
ment.

From 1785 to 1820 the sales of land in Maine, in acres, was 4,368,970

Grants for educational and public uses, .... 1,074,929
From 1820 to 1851 sales of land held in common with

Maine, (acres,) 884,341

Sales of land held separately, 1,589,491

Sale to Clark & McCrillis, 1853, 442,719

Sale to the State of Maine, 1853, 1,201,328

Total of lands sold and alienated, acres, . . ,_^9,562,778
* Report 1843, p. 8.

688 SPECIAL MESSAGES.

To the quantity of lands alienated must be added a
quantity, equal to one thousand acres for each township,
sold since 1820, which may be estimated at four hundred
and twenty-six thousand acres.

From these sales of public lands payments have been
made into the treasury as follows :

From 1785 to 1820,
From 1820 to 1851,
In 1851,

1852,

1853,

1854,

119,420 48

15,274 08

676,364 94

250 00

3,281 67
1,998,226 55

711,309 50

Total receipts, 13,605,817 72

The only mortgage or lien upon lands or timber now
existing, is that upon lands and timber sold to Clark &
McCriliis, consisting of 443,719 acres, reservations excluded,
held for the payment of the sum of $123,240 and the sum of
$9,180, and an additional sum of $9,062 due from the same
parties, secured also by notes. From these sums now
remaining unpaid, must be deducted whatever amount shall
be released to the parties named, in consideration of the
circumstances connected with the original sale.

For a full statement of the facts elicited by the investiga-
tions of the committee of tlie legislature and their con-
clusions thereupon, I have the honor to transmit a copy of
its final report made to tlie governor and council, according
to the provisions of the statute by which the appointment
was authorized.

[To the House of Representatives, December 28.]

A Bill, entitled "An Act for Revising and Consolidating
the General Statutes of the Commonwealth," has been trans-
mitted to this department of the government for revisal and
approval. It embraces the entire body of statute laws here-
tofore enacted by tlie coordinate departments of the govern-
ment, agreeably to the forms prescribed by the constitution
and laws of this State, with various legislative propositions,
not yet ripened into laws, adopted at their present session,
which must, if approved, more or less materially affect the
different interests of the Commonwealth, so far as they are
dependent upon or affected by changes in the laws.

The very important character of this work, as well as the
unusual circumstances attending its execution, will justify
at least an explanation of the views upon which I am led to

SPECIAL MESSAGES. 689

the approval or disapproval of this vast body of new and old
statute legislation.

During the session of 1854, by the provisions of chapter
68 of the Resolves of that year, a Commission was appointed
to report " a plan for consolidating and arranging the gen-
eral statutes of this Commonwealth." An acceptable plan
of consolidation having been reported, a Resolve, approved
February 16, 1855, authorized the appointment of " tliree
able and discreet persons, learned in the law, to be Com-
missioners for consolidating and arranging the general stat-
utes of the Commonweal til, which may be in force and
operation at the time such Commissioners may make their
final report."

The Commissioners were authorized, in consolidathig and
arranging the statutes, to omit redundant enactments, and
those without effect or influence upon existing rights ; to
reject superfluous words, and condense circuitous, tauto-
logical and ambiguous phraseology into as concise and com-
prehensive a form as should be consistent with a full and
clear expression of the will of the legislature ; and to indicate
any mistakes, omissions, inconsistencies and imperfections,
which might appear in the laws to be consolidated and
arranged, and the manner in which they should be corrected,
supplied, and amended.

Subsequent legislation provided that the Commission
should terminate on the 3lst day of December, 1858, and
that the report should be submitted to the legislature of the
present year.

By a Resolve approved February 23, 1859, the Report of
the Commissioners was referred to a committee of the Senate
and House, appointed to examine and consider, during the
recess of the legislature, the Report of the Commissioners on
the consolidation and arrangement of the general statutes,
"with power to propose such amendments in existing laws,
as such committee may deem expedient."

The powers conferred upon this committee admit of very
different interpretations. It may have been the purpose
of the legislature to confer the same powers exercised by
the Commissioners; a power to propose such amendments
as would tend to the just arrangement, consolidation, and
harmony of the then established laws of the Commonwealth.
Such certainly was the interpretation given to this statute
by one department of the government. The revised code,
from the nature of the Act, must necessarily be passed
upon ultimately by each of the coordinate departments, as
one statute ; embracing in a single Act all the legislation

690 ■ SPECIAL MESSAGES.

remaining in force and effect from the foundation of the
Commonwealth. No embarrassment, no difficulty could
arise in such course of procedure either in the legislative
or executive department, because each statute thus embodied
in the consolidated and revised code would have been ap-
proved at some period or other of our legislative history, by
all branches of the law-making power ; and the ultimate and
final approval of the code on the part of the legislature and
the governor, would relate to the method, manner, and per-
fection of that " consolidation and arrangement of the gen-
eral statutes of the Commonwealth," which is declared in
every Act bearing upon this subject, from 1854 to the present
time, to have been the chief object and purpose of the gov-
ernment.

A different and far more liberal interpretation has been
given to the duties and powers of the committee, and the
legislature in the exercise of its unquestionable authority,
with a wisdom which it is not my province or purpose to
question, has thought it expedient to make various impor-
tant changes, affecting nearly all the material interests of
the people, running through the entire code and body of
laws, with a view not merely to consolidate, arrange and
harmonize existing statutes, but looking apparently to the
establishment of a perfect code of laws.

This vast body of original and proposed statutes, engrossed
upon upwards of fourteen hundred pages of parchment, has
been transmitted to me without an intelligible guide to
direct me to the means of separating proposed from the
hitherto established Acts of legislation, except by the minute
comparison of separate parchment rolls with the papers from
which they are engrossed, and I am required without the
intervention even of that period of time allowed by the con-
stitution for the consideration of the lightest Acts of ordinary
legislation, to approve or to reject in bulk, without discrimi-
nation or qualification, without mature consideration, and
almost without reading, the entire body of laws, upon which
the legislature has been engaged for many months.

I have not thought it proper — it has not seemed to me to
be within the province of this department — to take informal,
unofficial cognizance of the legislative proceedings, or to
request the transmission of its Acts, except at such times
and in such manner as should be consistent with its own
will and pleasure ; neither am I assured upon mature reflec-
tion, that the transmission of separate chapters of the code
at the close of the session would materially relieve my
embarrassment, if such course of procedure were possible

SPECIAL MESSAGES. 691

or practicable, which I am compelled to say admits of the
gravest doubts. But I feel it to be my duty, — alike with
refereuce to present legislation and to the precedent it may
establish for succeeding legislatures, — to represent to the
legislature, with the most unqualified and profound respect,
that there has not been preserved such distinction between
legislative acts heretofore approved by the various depart-
ments of the government and the people, and the new and
important measures now first presented for approval, which
the original plan, purpose and policy of consolidation and
arrangement would seem properly to require ; — nor that
opportunity given for comparison, examination, considera-
tion and approval to which a co-ordinate and equal branch
of the government is entitled, or which the express letter as
well as tlie spirit of the constitution secures to the governor
of the Commonwealth, in the performance of this part of
his duties.

" No Bill or Resolve 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."

" In order to prevent unnecessary 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." — (Const., Chap. 1, Art. 2.)

It will not be assumed that an Act embracing an entire
code of laws, established and proposed, is a Bill or Resolve
in tlie spirit either of parliamentary law or the constitution,
or that an Act embracing all the legislative measures of an
ordinary session of the general court, presented to the gov-
ernor for revisal and approval at its close, would be a literal
compliance with the spirit or letter of that clause of the
constitution to which reference has been made.

It is not my purpose, nor can I believe it to be within the
scope of my official duty to dissent from the body of these
amendments. I can only express my sincere and profound
regret, that the legislative action had not been confined to
the arrangement and consolidation of existing laws as
originally contemplated, and to acknowledge my apprecia-
tion of the difficulties and even impracticability of a sepa-
rate consideration and approval of the several parts of a code
of laws.

There are many of these provisions to which, under ordi-
nary circumstances, I should cheerfully assent ; others which
I should most reluctantly approve if separately submitted
9

692 SPECIAL MESSAGES.

for revisal, conformably to the provisions of the constitu-
tion. But I do not think it proper, except upon the most
imperative considerations, to take any step which shall lead
or tend to the defeat of the work of revision at tlie present
session. The revision is of itself, if well performed, of the
greatest public importance. It will bring together in a vol-
ume of reasonable dimensions all the public statutes that
now lie scattered through many separate volumes, inacces-
sible to the great mass of the people.

The general approval bestowed iTpon the plan of revision
originally reported, the high reputation of the commission-
ers, and the assiduous labor they have bestowed upon the
work, as well as the examination which in the way of official
duty I have been able to give to it, lead me to believe that
it will be acceptable to the people, and greatly assist those
engaged in the administration of law. My profoiind respect
for the legislature, as for every body of men cliarged by the
people with the high responsibilities of legislators and law-
makers, confirms me in the hope that the clianges now pro-
posed and embodied in the code submitted for revisal and
approval may also promote tlie interests of the Common-
wealth. Such at least is my expectation and desire, and upon
sucli grounds, I should give it a cordial approval, with the
exception of a single subject upon whicli I am compelled to
dissent from the action of the legislature. I refer to the
change made in the basis of the militia enrollment and
organization. Some years since, while connected with
another department of the government, my attention was
called to this subject, and during the present and past year,
in the way of official duty, altogether apart from legislative
considerations, upon petitions for the organization of com-
panies, it has been necessary that I should examine it with
renewed care, and it is my opinion that the legislation now
proposed in the organization and enrollment of the militia
of this Commonwealth, is plainly in contravention of con-
/ stilutional law, and therefore not within the powers granted

to the legislature.

In the controversy upon the adoption of the federal con-
stitution in tliis, as in other States, very earnest debate
arose upon the question, what powers were delegated to the
general government and what were reserved to the States ;
and the constitution was finally adopted by the requisite
number of States, with an understanding, that the provis-
ions afterwards embodied in article tenth of amendments
should be incorporated into the constitution itself, to wit :
" The powers not delegated to the United States by the con-

SPECIAL MESSAGES. 693

stitution nor prohibited by it to the States, are reserved to
the States respectively or to the people." The division of
powers therefore, is perfectly clear so far as this snbject is
concerned. That which is not granted to the general gov-
ernment nor incident to the powers granted is reserved to
the States unless expressly prohibited.

The power to " provide for organizing, arming, and dis-
ciplining, the militia, and for governing such part of them as
may be employed in the service of the United States, reserv-
ing to the States respectively the appointment of officers and
the authority of training the militia according to the disci-
pline prescribed by congress," is one of the powers expressly
conceded to the federal government in the first article,
eighth section, of tlie constitution of the United States.

The power granted in express terms to the federal govern-
ment by this section of the constitution, is that of" organiz-
ing, arming, and disciplining the militia ; " that reserved to
the States is the " appointment of officers and the authority
of training the militia according to the discipline prescrib-
ed by congress." The power to organize includes that of
determining what classes of persons shall be so organized,
and this has been determined by an Act of congress approved
May 8, 1792, entitled "An Act more effectually to provide
for the mutual defence by establishing an uniform militia
throughout the United States."

The classes of persons which by these provisions of the con-
stitution and legislation of the United States are to be organ-
ized, armed, and disciplined, as an uniform militia through-
out the United States, are, able-bodied, white, male citizens
of the respective States, resident therein, who are or sliall
be of the age of eighteen years, and under the age of forty-
five years.

It is not, in my judgment, within the power of the legis-
lature to change this basis of enrollment, or enlarge or
diminish the classes of men embraced in tliis organization of
the militia. It is no sufficient answer to say that in chang-
ing the phraseology of the statute of the United States in
the enactment of our own militia laws, we still leave public
officers in the enrollment of the militia, to follow the laws of
the United States, without committing the people of this
State to a recognition of distinctions between men that are
not acceptable. The militia is a national institution. In
all that pertains to its organization, armament and discipline,
our laws are but a republication of the laws of the United
States, for the information and instruction of the citizens of
this State ; and if in this republication we misrepresent the

694 SPECIAL MESSAGES.

fact, we lead them into innumerable and remediless diffi-
culties and constantly embarrass the administration of our
own government.

The assessors are required annually, in the month of May,
to make a list of persons living within their respective limits
liable to enrollment, and place a certified copy thereof in the
hands of the clerks of their respective towns or cities, and
annually, in the month of May, to transmit returns of the
militia thus enrolled to the adjutant-general. These re-
turnsy certified by the governor of the Commonwealth, are
annually transmitted to the president of the United States.
The militia thus enrolled is liable to be called out at any
moment, in case of war, invasion, to prevent invasion, to
suppress riots, or to aid in the execution of the laws of the
Commonwealth. It would be a public wrong of the highest
character to mislead, by statutory direction, a public officer
in the discharge of these duties, and assuredly no provision
ought to stand as law, unless the legislature intends that
assessors and other public officers shall be bound by its
terms.

Still less is it to be urged that, assuming a recent decision
of the supreme court of the United States to be just, cer-
tain persons are not citizens, and, therefore, their exclusion
need not be expressed or implied iu our re-enactment of
the militia laws. The statutes of the Commonwealth are
yet free from the most distant recognition of the doctrines of
that decision, and I trust may forever so remain.

For these reasons, believing that the change proposed in
the basis of enrollment is palpably in contravention of consti-
tutional law, and cannot be executed by this department of
the government without an infringement of the constitution,
which I am sworn to support, I have thought it an impera-
tive duty to withhold executive approval, and I therefore
return the Bill to the House in which it originated, that it
may be re-reconsidered by the legislature conformably to
the provisions of the constitution.

Under other circumstances I should not hesitate in a case
like the present, to act upon my own judgment ; but inas-
much as a disapproval of the legislative proposition to which
I have referred imposes upon me the necessity of rejecting
without discrimination every statute approved by my prede-
cessors from the foundation of the government and every
amendment proposed by the present legislature, I have
thought it to be my duty, not only to give to the subject the
most serious consideration, but to seek direction from the

SPECIAL MESSAGES. 695

high legal authorities which the constitution and laws enable
me to consult.

I requested the attorney-general therefore to prepare an
opinion upon two propositions, which I have the honor to
transmit to the legislature, and subsequently upon the
request of the governor and council, the supreme judicial
court pronounced an opinion upon the same questions,
which has been transmitted to me by the honorable chief
justice of that court, and which I have the honor now to
lay before the two houses of the legislature. These opinions
are elaborate, learned, and decided. That of the supreme
court embodies one of the most luminous and learned expo-
sitions of the relations of the State and Federal govern-
ments, and of the origin, nature, and purpose of the insti-
tution of the militia of the United States and of this
Commonwealth, that judicial history presents.

It is unnecessary for me to ask of the legislature a candid
consideration of these able State papers. They cannot be
too carefully considered by legislators or by the people. It
is unnecessary for me to call the attention of the legislature,
in view of the rugged paths of national life on which too
obviously we are entering, to the necessity of maintaining
the organization of the militia, and of perpetuating the har-
mony of feeling and interest of its members with the prin-
ciples and institutions of the government, of which, as
citizens and soldiers, they are a chief support. Nor is it
necessary to enlarge upon the expediency, in every con-
sideration of public policy, of a constant and faithful
adherence to constitutional obligations. We can present
no more reliable evidence of strength than the fact that we
can maintain our own privileges without invading the rights
of others ; and for a State inflexibly determined to submit
to nothing wrong, there is no safer rule of action than to
ask nothing that is not right.

696 SPECIAL MESSAGES.

Commonwealth of Massachusetts.

Attorney-General's Office, Boston, )
December 15, 1859. |

To His Excellency, Governor Banks :

Sir, — I have received your request for an official opinion upon the
following questions relating to the militia, and have carefully con-
sidered the same :

The questions are,

1. Whether the legislature of this Commonwealth can constitu-
tionally provide for the enrolment in the militia of any persons
other than those enumerated in the Act of congress, approved May
8, 1792, entitled, "An Act more effectually to provide for the mutual
defence by establishing an uniform militia throughout the United
States."

2. Whether the aforesaid Act of congress, as to all matters
therein provided for, and except as amended by subsequent Acts,
has such force in this Commonwealth, independently of, or notwith-
standing, any State legislation, that all officers under the State
government, both civil and military, are bound by its provisions.

I. The first question requires a consideration of the authority of
this Commonwealth, and of its legislature, in the "enrollment" of the
militia within its limits. To determine this, two inquiries naturally
suggest themselves.

1st. What rights had this Commonwealth, as a sovereign State,
over the organization of the militia before the adoption of the federal
constitution ?

2d. How far are those rights modified or impaired by the
constitution of the United States, or the laws made in pursuance
thereof ?

Whatever may be the history of the militia system, it must be
conceded that this Commonwealth, upon the adoption of its constitu-
tion, in 1780, asserting and maintaining by right of revolution an
independent sovereignty, claimed as one of its prerogatives the full
authority to control its own militia in all respects. The carefully
studied provisions still to be found in the constitution, relative to the
organization of the militia, and the appointment of officers, indicate
the interest taken in this most important auxiliary of a free State.

Const. Mass., Part 2, Ch. II., Sect. 1, Art. 10.

This article, as well as one almost immediately preceding, (Art. 7,
concerning the authority of the governor as commander-in-chief,)
suggests the obvious consideration that a militia system, which had

SPECIAL MESSAGES. 697

existed under the previous forms of government, was still to be pre-
served, and its division into brigades, &c., to be continued, except as
modified by the provisions of the constitution itself, " until the same
shall be altered in pursuance of some future laio." Incidentally,
therefore, to the sovereignty of the Commonwealth, and conformably
to the spirit of the constitution, existed the right to provide by law
for the organization of the militia. This power, so far as not repug-
nant or contrary to the constitution, pertains to the legislature by
force of the general delegation of authority contained in part second,
chapter 1, section 1, article 4. There can then be no doubt that,
except as to matters specially provided for by the constitution itself,
the general court, by virtue of that instrument, acquired the most
ample power and authority " to make, ordain and establish all
manner of wholesome and reasonable laws " relative to the organ-
ization of the militia. The organization of the militia includes not
merely the division of the citizens subject to military duty into
brigades, regiments and military divisions ; but it also includes,
among other things, the establishment of the rules of military subor-
dination, and the principle by which a selection shall be made from
the body of the citizens for military duty. This selection may be
governed by various considerations of military fitness or public
policy. Age, health and stature are important in the former case.
The question of native or foreign birth may, in a time of war, when
sympathies and prejudices are easily excited, become veiy material
in determining the policy of the government. The law-making
power is therefore intrusted with very large authority. The selection
of subjects for military duty is made in this Commonwealth by '
enrollment, and so frequently is that term used in the legislation of
our general court and of congress, relating to the militia, that it
has acquired a well-understood technical meaning. The " enroll-
ment " of the militia is that pi-eliminary process of preparing lists of
those subject to militia duty, which lists form the basis of all future
action by those intrusted with the duty of organization. To "enroll"
the men is the first step towards organization.

No further suggestions are necessary to indicate that the legisla-
ture of the Commonwealth may prescribe the rules to be observed
in " enrolling " the militia, unless their authority has been impaired
by the constitution of the United States, or the laws of congress
made in pursuance thereof.

Thus the important question of constitutional law recurs, whether
in view of the existing laws of the United States and the power
over the organization of the militia which is given to congrbss by
the fedei'al constitution, a State legislature can constitutionally pro-
vide for the enrollment in the militia of any persons other than those
enumerated in the Act of congress, approved May 8, 1792. It is
my opinion that a State legislature cannot make such a provision.

In the constitution of the United States, article 1, section 8, among
the other enumerated powers of congress, it is specially set forth
that congress shall have power " to provide for organizing, arming
and disciplining the militia, and for governing such part of them as

698 SPECIAL MESSAGES.

may be emploj^ed in the service of the United States, reserving to
the States, respectively, the appointment of the officers and the
authority of training the mihtia, according to the discipUne prescribed
by congress."

If the power thus delegated to the federal congress is exclusive,
the right of the State legislatures, in regai'd to prescribing who shall
be enrolled, is wholly abrogated.

The State government will clearly retain all the rights of sover-
eignty which it had before the adoption of the federal constitution,
and not thereby exclusively delegated.

Federalist, No. 32. Const. U. S., Art. 10 of the Amendments.

Is this delegation of power exclusive ? In the number of the
Federalist already referred to, it is suggested that the alienation of
State power or sovereignty can exist only in three cases, viz. :

1. Where the constitution in express terms granted an exclusive
authority to the Union.

2. Where it granted in one instance an authority to the Union,
and in another prohibited the States from exercising the like author-

3. Wliere it granted an authority to the Union, to which a similar
authority in the States would be absolutely and totally contradictory
and repugnant.

A similar classification is adopted by Mr. Justice Story in Hous-
ton V. Moore, 5 Wheat. 49, and it is stated by Chancellor Kent, 1
Kent's Com. 387, that in the course of judicial construction, from
time to time, there has been no essential variation from the contem-
porary exposition of the Federalist.

Under this classification, can this power be deemed exclusive?
It certainly does not fall within either of the first two classes.
Certainly not within the first. Neither is it included in the second.
There is no prohibition to the States in regard to the exercise of a
like authority. To be sure, no State can keep troops or ships of
war, in time of peace, (Const. U. S., Art. 1, Sect. 10,) but in view of
the powers resei'ved to the States in relation to the appointment of
officers and the training of the militia, this prohibitory clause cannot
be claimed, and never has been claimed, to apply to the militia.
This power, if claimed to be exclusive, must then be ranked, if in any,
in the third class enumerated in the Federalist. And such has been
the decision of the court of last resort. The leading, and perhaps,
the only decisive case, upon this point, is that of Houston v. Moore,
5 Wheat. 1. In that case Mr. Justice Washington, in delivering
the opinion of the court (p. 21) says c — "It may be admitted at
once, that the militia belong to the States, respectively, in which
they may be enrolled, and that they are subject, both in their civil
and military capacities, to the jui'isdiction and laws of such State,
except so far as those laws are controlled by Acts of congress con-
stitutionally made. Congress has power to provide for organizing,
arming and disciplining the militia ; and it is presumable that the
framers of the Constitution contemplated a full exercise of all these
powers. Nevertheless, if congress had declined to exercise them,

SPECIAL MESSAGES. e.Q9

it was competent to the State governments to provide for organizing,
arming and disciplining their respective miUtia, in such manner as
they might think proper. But congress has provided for all these
subjects, in the way which that body must have supposed the best
calculated to promote the general welfare, and to provide for the
national defence. After this, can the State governments enter upon
the same ground — provide for the same objects as they may think
proper, and punish in their own way violations of the laws they
have so enacted ? The affirmative of this question is asserted by
the defendant's counsel, who, it is understood, contend, that unless
such State laws are in direct contradiction to those of the United
States, they are not repugnant to the constitution of the United
States.

" From this doctrine, I must, for one, be permitted to dissent. The
two laws may not be in such absolute opposition to each other, as to
render the one incapable of execution, without violating the injunc-
tions of the other ; and yet, the will of the one legislature may be in
direct collision with that of the other. This will is to be discovered
as well by what the legislature has not declared, as by what they
have expressed. Congress, for example, has declared, that the
punishment for disobedience of the Act of congress, shall be a
certain fine ; if that provided by the State legislature for the same
offence be a similar fine, with the addition of imprisonment or death,
the latter law would not prevent the former from being carried into
execution, and may be said, therefore, not to be repugnant to it. But
surely the will of congress, is, nevertheless, thwarted and opposed.

" This question does not so much involve a contest for power
between the two governments, as the rights and privileges of the
citizen, secured to him by the constitution of the United States, the
benefit of which he may lawfully claim."

It should, however, be suggested that in this class of cases of dele-
gation of power, the authority of the State is not always considered
lost until the similar authority has been actually exercised, and only
to the extent of its exercise, by the federal government. For, in
many instances, the States may legislate in the absence of congres-
sional I'egulation, — the correct principle being, that whenever the
terms in which the power is granted to congress, or the nature of
the power requires that it should be exercised exclusively by con-
gress, the subject is as completely taken from the State legislatures,
as if they had been expressly forbidden to act upon it.

Sturgess V. Crowninshield, 4 Wheat. 193.

The power of congress, in relation to the organization of the
militia, is one which becomes exclusive when exercised, and not till
then. Houston v. Moore, ut supra.

See also opinion of Story, J. Same case, p. 52.

With these explanations, the answer to the first question pro-
pounded is obvious. The power of congress having been exercised
by the enactment of the statute of 1792, which so far as relates to
the enrollment of the militia, is still in force, all State legislation upon
the same subject matter is wholly nugatory and void. To provide,
10

700 SPECIAL MESSAGES.

by a law of this Commonwealth, that a different class of men shall
be selected for militia duty from those specified by an Act of con-
gress, constitutionally passed, in the exercise of a power distinctly
granted, is a violation of the paramount law of the land. The
militia, thus enrolled, are the mihtia who, under federal authority,
may be called upon to suppress insurrection or repel ijivasion.
They are the militia to whom the arms and munitions of war,
provided by the federal government, are intrusted, conformably to
the laws of the United States. They are the militia whose organi-
zation, according to a uniform system, is contemplated by the con-
stitution. But how can that uniformity be secured, if the laws of
the United States ai'e not to be obeyed ? There may be one
standard for Maine and another for California. The efficiency of
the system may be wholly impaired by the enrollment of too small
a number or by including those of infirm age or feeble health. But
illustrations need not be multiplied in so clear a case. Any State
law, establishing a different standard of enrollment from that estab-
lished by a law of congress is so far unconstitutional and void.

My attention has been called to the article of amendment to the
federal constitution (Art. 2,) that " a well regulated militia being
necessary to the security of a free State, the right of the people to
keep and bear arms shall not be infringed," and to article XVII. of
the Bill of Rights prefixed to the constitution of this Commonwealth,
which provides that " The people have a right to keep and to bear
arms for the common defence ; and as in time of peace armies are
dangerous to liberty, they ought not to be maintained without the
consent of the legislature ; and the military power shall always be
held in an exact subordination to the civil authority, and be governed
by it."

I am wholly at a loss, however, to understand how the right to
bear arms is impaired by exclusion from the militia. The militia is
the citizen soldiery of a nation, necessarily organized upon some
principle of exemption, or even exclusion, by a process technically
called enrollment, to be held in readiness for great emergencies, like
insurrection or invasion, but not ordinarily to be required to perform
active and constant military duty. The claim that all persons,
entitled to bear arms, are entitled to enter this organization, may
lead to the absurd conclusion, that persons of all classes, aliens as
well as citizens, females as well as males, all in fact who may assert
the right of self-defence, have a right to be enrolled.

The opinion now expressed, does not apply to the right of individ-
uals peaceably to organize themselves into armed bodies, at their
own expense, for military instruction, or defence against lawless
violence, in regard to which I do not understand any inquiry to be
addressed.

II. The second question requires, in reply, the statement of a
few principles, which have become so famihar as to be considered
elementary.

The constitution of the United States (Art. 6,) contains the
following provision, " Tliis constitution and the laws of the United

SPECIAL MESSAGES. 701

States which shall be made in pursuance thereof, and all treaties
made, or which shall be made, under the authority of the United
States shall be the supreme law of the land ; and the judges in
every State shall be bound thereby, any thing in the constitution or
laws of any State to the contrary notwithstanding." The question
propounded assumes the case of a law, constitutionally enacted by
congress, in the exercise of an unquestioned power, and the inquiry
is, whether so much as has not been repealed or modified by subse-
quent Acts of the same body, has the force of law in this Common-
wealth, and must be obeyed by all officers, civil and military, in the
absence, or even in the conflict of State legislation. There can be
but one answer to this naked question. The law of congress is the
supreme and paramount law of the land. Its authority extends
throughout the United States, not through the State governments,
but notwithstanding all local laws and regulations. So far as
State laws conform, they are nugatory and harmless ; so far as they
conflict, they are unconstitutional and void.

. Houston V. Moore, 5 Wheat. 24.
Norris v. Boston, 4 Met. 295.

Up to this point there is no difficulty, and perhaps it is safe simply
to suggest, that all officers under the State government, civil and
military, are bound by its provisions. I am not aware that the Act
of 1792, which is referred to, imposes directly any duty upon any
State officers, not military. It contains provisions relating to the
duty of the adjutants-general of the several States, and other officers
in the staff and line of the militia. By force of the constitutional
provision, already cited, which while it authorizes congress to pro-
vide for the organization of the militia, reserves to the States the
right of the appointment of its officers, and the authority of training
it, according to the discipline prescribed by congress, our militia and
its officers are made directly subject to the Act of 1792.

But I am embarrassed as to its effect upon officers whose functions
are purely civil, and who derive their authority from State laws.
Thus recent statutes of this Commonwealth (stat. 1840, chap. 92,
§§ 3, 4 — Stat. 1842, chap. 93, § 7,) impose upon the assessors the
duty of making lists of persons liable to enrollment, and of trans-
mitting the same through the town clerks to the adjutant-general.
But assessors are not officers of the federal government, nor can the
United States government require them, as such, to aid in the organ-
ization of the militia system. These are the opinions that seem to
result necessarily from the opinion of the Supreme Court of the
United States, in Houston v. Moore, already cited. It is the exact
doctrine laid down by that court in Prigg v. Pennsylvania, 16 Pet.,
61G, where it is asserted that the States cannot be compelled to
enforce the provisions of the fugitive slave law of 1793, the national
government being alone bound, through its own proper departments,
legislative, judicial or executive, to carry into effect all the rights
and duties imposed upon it by the constitution, in respect to this
subject-matter. An intimation of similar character is given by the
supreme judicial court of this Commonwealth, in relation to the

702 SPECIAL MESSAGES.

effect of the United States naturalization laws, in the case of Stephens,
Petr., 4 Gray, 562.

It results from these considerations that militia officers, although
by one of the anomalies of the federal constitution they are elected
or appointed conformably to State laws, are nevertheless officers
under a great federal system, and must yield in all respects both
active and passive obedience to the aforesaid Act of congress.

All State laws which impose upon any civil officers, such as
assessors and town clerks, or the like, duties which are inconsistent
with the law of the United States, are so far void, and of no obliga-
tion whatever. But the purely civil officers of a State cannot, as
such, be compelled to take any active part in the administration of
the miUtia law of the United States, unless the exact duty is imposed
upon them by the Act of their own legislature, constitutionally
passed, in conformity with some law of congress in the exercise of
its power to organize the militia.

I therefore most respectfully submit, as the result of my investi-
gations, that —

I. The legislature of this Commonwealth cannot constitutionally
provide for the enrollment in the militia of any persons other than
those enumerated in the Act of congress, approved May 8, 1792,
entitled " An Act more effectually to provide for the national
defence by estabhshing an uniform militia throughout the United
States."

II. The aforesaid Act of congress, as to all matters therein pro-
vided for, and except as amended by subsequent Acts, has the force
of law in this Commonwealth ; in the absence or even conflict of
State legislation, all military officers under the State government are
bound by its provisions, and must render both active and passive
obedience. All officers whose functions are purely civil, must obey
it as the paramount law of the land and cannot obstruct its execution ;
but they cannot, without consistent State legislation, be required to
enforce it, or to lend the influence and authority of their offices in
carrying it into effect.

All of which is most respectfully submitted by
Your obedient servant,
STEPHEN H. VBllAAV^, Attorney- General

SPECIAL MESSAGES. 703

OPINION OP THE SUPREME JUDICIAL COURT

UPON THE

ORGANIZATION OF THE MILITIA:
Answer to Interrogatories propounded hy the Governor and Council.

INTERROGATORIES.

"Whether the legislature of this Commonwealth can constitutionally
provide for the enrollment in the militia, of any persons other than
those enumerated in the Act of congress, approved May 8, 1792,
entitled, " An Act more effectually to provide for the national
defence, by establishmg an uniform militia throughout the United
States " ?

Whether the aforesaid Act of Congress, as to all matters therein
provided for, and except as amended by subsequent Acts, has such
force in this Commonwealth, independently of, or notwithstanding
any State legislation, that all officers under the State government,
civil and military, are bound by its provisions ?

OPINION.

The undersigned, justices of the supreme judicial court, having
considered the above stated interrogatories, propounded to them by
the governor and council, do hereby, in answer thereto, respectfully
submit the following opinion :

We are first, as preliminary to any direct answer to the inquiries,
to consider what the militia was, as understood in the constitution
and laws, both of this Commonwealth and of the United States. It
was an institution, not only theoretically known but practically
adopted and carried into effect in all the colonies and provinces
before the revolution, and even before the formation of a congress
for any purpose. The utility and capabilities of this institution for
military purposes had been put to a severe test by the events of the
revolution, and were well understood before either of these consti-
tutions was adopted.

Prior to the revolution, the establishment and control of this insti-
tution was within the jurisdiction of the respective colonial and
provincial governments, because these were the only local govern-
ments acting directly upon the rights and interests of the inhabitants
within their respective territorial limits. It was constituted by
designating, setting apart, and putting in military array, under

704 SPECIAL MESSAGES.

suitable military officers, all the able-bodied male inhabitants of
the province, with certain specitied exceptions, and was held in read-
iness, upon certain exigencies, and in the manner provided by law, to
act under military orders as a military armed force. It was the
constituting of a citizen soldiery, in contradistinction to a regular or
standing army. Such having been the jurisdiction of the several
provincial governments, it naturally devolved upon the respective
State governments, after the Declaration of Independence, and
during the earher years of the revolutionary war. During that
period, all were acting under the articles of confederation, which
was rather a league between the States for mutual defence, than a
government acting directly upon the people of those States.

The constitution of Massachusetts was adopted and went into
operation in 1780. It recognized the militia as an essential depart-
ment of the constitution of its government, and provided for the
enrollment of the men, the appointment of the officers, their duties
and powers, with all the details to give efficiency to this cherished
arm of defence, and declaring its proper subordination to the civil
power. It also, in the declaration of rights, distinctly declared the
right of the people to bear arms. But this constitution, recognizing
the existence of the articles of confederation between the States,
and the powers thereby vested in the Congress of the United States,
and possibly anticipating important changes therein, reserved from
the State governments all powers then vested, or which might after-
wards be constitutionally vested in congress.

Several years afterwards, in 1789, the constitution of the United
States having been adopted by the required number of States,
including Massachusetts, went into operation, and became the law
of the land. This system was founded upon an entirely different
principle from that of the confederation. Instead of a league among
sovereign States, it was a government formed by the people, and to
the extent of the enumerated subjects, the jurisdiction of which was
confided to and vested in the general government, acting directly
upon the people. " We, the people," are the authors and constitu-
ents ; and " in order to form a more perfect union," was the declaimed
purpose of the constitution of a general government.

It was a bold,* wise and successful attempt to place the people
under two distinct governments, each sovereign and independent,
within its own sphere of action, and dividing the jurisdiction between
them, not by territorial limits, and not by the relation of superior
and subordinate, but classifying the subjects of government, and
designating those over which each has entire and independent juris-
diction. This object the constitution of the United States proposed
to accomplish, by a specific enumeration of those subjects of general
concern in which all have a general interest, and to the defence and
protection of which the undivided force of all the States could be
brought promptly and directly to bear.

Some of these were, our relations with foreign powers, war and
peace, treaties, foreign commerce and commerce amongst the several
States, with othei's specifically enumerated ; leaving to the several

SPECIAL MESSAGES. 705

States their full jurisdiction over rights of person and property, and,
in fact, over all other subjects of legislation not thus vested in the
general government. All powers of government, therefore, — legis-
lative, executive and judicial, — necessaiy to the full and entire
administration of government over these enumerated subjects, and
all powers necessarily incident thereto, are vested in the general
government ; and all other powers, expressly as well as by implica-
tion, are reserved to the States.

This brief and comprehensive view of the nature and character of
the government of the United States, we think is not inappropriate
to this discussion, because it follows as a necessary consequence that
so far as the government of the United States has jurisdiction over
any subject, and acts thereon within the scope of its authority, it
must necessarily be paramount, and must render nugatory all legis-
lation by any State, which is repugnant to, and inconsistent with it.
There may, perhaps, in some few cases, be a concurrent jurisdiction,
as in case of direct taxation of the same person and property ; but
until it shall practically extend to a case where there may be an
actual interference, by seizing the same property at the same time,
the exercise of the powers by the one is not, in its necessary effect,
exclusive of the exercise of a like power by the other ; but in such
a case, they are not repugnant. That one must be so paramount, to
prevent constant collision, is obvious ; and accordingly the constitu-
tion expressly provides that the constitution and all laws and treaties
made in pursuace of its authority, shall be the supreme law of the
land.

Assuming that such was the manifest object of the people of the
United States, and of the several States, respectively, in establishing
the two distinct governments in each State, we proceed to the more
direct consideration of the questions propounded.

The establishment of a militia was manifestly intended to be
effected by arranging the able-bodied men, in each and all the States
in military array, arming and placing them under suitable officers,
but without forming them into a regular or standing army, to be
ready, as the exigency should require, to defend and protect the
rights of all, whether placed under the administration of the local or
general government, to be called out by either, in the manner and
for the purposes determined by the constitution and laws of either.
It was one and the same militia for both purposes, under one uni-
form organization and discipline, and to be commanded by the same
officers. Were it otherwise, were the general and the State govern-
ments to have their own militia, the result would have been that
there would be, within the bosom of each State, a large embodied
military force, not by its organization amenable to the laws or subject
to the orders of the State government; and also a similar force, on
which the general government would have no right to call for aid, to
repel invasion, suppress insurrection, or execute the laws ; a state of
things, not only rendering each, to a great extent, inefficient and
powerless, but also entirely destructive of that harmony and union,
which were intended to characterize the combined action of both

706 SPECIAL MESSAGES.

governments. We find, therefore, that the functions of both are
called into activity, in constituting this military force and caiTying it
into practical operation.

Tlie constitution of the United States having charged the general
government with the administration of the foreign relations of the
whole Union, and the military defence of the whole, provides, article 1
section 8, " That congress shall have power to provide for calling
forth the militia to execute the laws of the Union, suppress insurrec-
tions and repel invasions ; to provide for organizing, arming and dis-
ciplining the militia, and for governing such part of them as may be
employed in the service of the United States, reserving to the States
respectively, the appointment of the officei's, and the authority
of training the militia, according to the discipline prescribed by
congress."

" Organizing " obviously includes the power of determining who
shall compose the body known as the militia. The general principle
is, that a militia shall consist of the able-bodied male citizens. But
this description is too vague and indefinite to be laid down as a prac-
tical rule ; it requires a provision of positive law to ascertain the
, exact age, which shall be deemed neither too young nor too old to
come within the description. One body of legislators might think
the suitable ages Avould be from 18 to 45, others from 16 to
30 or 40, others from 20 to 50. Here the power is given to the
general government, to fix the age precisely, and thereby to put an
end to doubt and uncertainty ; and the power to determine who
shall compose the militia, Avhen executed, equally determines who
shall not be embraced in it, because all not selected are necessarily
excluded.

The question upon the construction of this provision of the consti-
tution is, whether this power to determine who shall compose the
militia is exclusive. And we are of opinion that it is. A power
when vested in the general government is not only exclusive when it
is so declared in terms, or when the State is prohibited from the
exercise of the like power, but also when the exercise of the same
power by tlae State is superseded, and necessarily impracticable and
impossible, after its exercise by the general govei-nment. For
instance, when the general government have exercised their power
to establish an unitbrm system of bankruptcy, that is, laws for
sequestering and administering the estate of a living insolvent
debtor ; when one set of commissioners and assignees of such
estate have taken possession of property, with power to sell and
dispose of it, and distribute the proceeds, another set of officers,
under another law, cannot take and dispose of the same prop-
erty. The one power is necessarily repugnant to the other ; if
one is paramount, the other is void. We think the present case is
similar. The general government having authority to determine
who shall and who may not compose the militia, and having so
determined, the State government has no legal authority to prescribe
a different enrollment. This power was early carried into execution
by the Act of congress of May, 1792, bemg an " Act more effectu-

SPECIAL MESSAGES. 707

ally to provide for the national defence, by establishing an uniform
militia throughout the United States." This Act specially directs
who shall be, and by necessary implication, who may not be enrolled
in the militia. This is strengtliened by a provision that each State
may by law exempt persons embraced in the class for enrollment,
according as the peculiar form and particular organization of its
separate government may require ; but there is no such provision
for adding to the class to be enrolled.

We are therefore of opinion, that the legislatui-e of this Common-
wealth cannot constitutionally provide for the enrollment in the militia
of any persons, other than those enumerated in the Act of congress
of May, 1792, herein before cited.

We do not intend, by the foregoing opinion, to exclude the exist-
ence of a power in the State to provide by law for arming and
equipping other bodies of men, for special service of keeping guard,
and making defence, under special exigencies, or otherwise, in any
case not coming within the prohibition of that clause in the consti-
tution, article 1, section 10, which withholds from the State the power
" to keep troops ; " but such bodies, however armed or organized,
could not be deemed any part of " the militia," as contemplated and
understood in the constitution and laws of Massachusetts and of the
United States, and, as we understand, in the question propounded for
our consideration.

Nor is this question, in our opinion, affected by article 2 of
the amendments of the constitution, of the following tenor : — "A
well-regulated militia being necessary to the security of a free State,
the right of the people to keep and bear arms shall not be in-
fringed."

This, like similar provisions in our own declaration of rights,
declares a great general right, leaving it for other more specific
constitutional provision, or to legislation, to provide for the preserva-
tion and practical security of such right, and for influencing and
governing the judgment and conscience of all legislators and magis-
trates, who are thus required to recognize and respect such rights.

In answer to the second question proposed, we are of opinion/that
the Act of congress above cited, as to all matters therein provided
for, except so far as it may have been changed by subsequent Acts,
has such force in this Commonwealth, independently of and not-
withstanding any State legislation, that all officers under the State
government, civil and military, are bound by its provisions.

LEMUEL SHAW.
THERON METCALF.
GEORGE T. BIGELOW.
PLINY MERRICK.
EBENEZER R. HOAR.

Boston, Dec. 23, 1859.

11

Commoiifoealtlj of Pa$sat^ii$etts.

Secretary's Department, Boston, )
January 1860. )

I hereby certify that the printed Acts, Resolves, Messages,
&c., contained in this volume, are true copies of the originals.

OLIVER WARNER,

Secretary of the Commonwealth.

INDEX

ACTS AND RESOLVES CONTAINED IN THIS VOLUME.

Academy, Wesleyan, at Wilbraham, granting aid to, out of proceeds of
sales of Back Bay Lands, .....

Accounts, Military, relating to, .

Actions on judgments, concerning, ....

" Real, concerning, .....

" relating to removal of, .
Adams Temple and School Fund, additional to Act incorporating Super
visors of, ...... .

Address of the Governor, .....

" " " to the Council,

Adjutant- General, Salary of, to define, ....

Adjutant General's Office, Salary of Clerk in, to establish, .
Administrators, Special, additional to the several Acts concerning,

" " relating to, .

Adoption of Children, additional to Act providing for, .
Adulterated Milk, concerning Sale of, and the Sealing of Measures,
Aged Females, Newburyport Society for relief of, to amend Act incor
porating, .......

Aged Indigent Females, Association for the relief of, in addition to Act
incorporating, ......

Agent and Draw-tenders of Charles River and Warren Bridges, con
cerning, .......

Agent to prosecute Claims of Massachusetts against the Federal Govern
ment, authorizing appointment of,
" " the Claim of Massachusetts against the Federal Gov

ernment, providing for the payment of,
Agents of Foreign Insurance Companies, Delinquent, relating to,
" " '* " relating to Returns by,

*' Town, Purchase and Sale of Liquors for, concerning,
Agricultural Branch Railroad, extending time for construction of,
" Societies, relating to, ... .

" Society, Highland, to incorporate, .

" '• Martha's Vineyard, to incorporate,

Agriculture, State Board of, Resolve in favor, .
1

Page 314
396
334
237
320

244
173, 473
573
127
322
305
89
249
364

224

41

334

435, 469

444
142
37
145
227
398
310
235
158

11

INDEX.

Albany Street, Boston, authorizing the extension of,
Alien Passengers, Superintendent of, defining his Salary,
Alimony, in relation to, .

Almshouse, State, at Monson, relative to preservation of, from fire.

Almshouses, State, Inmates to receive the ministrations of Clergymen of

their own religious faith,

•' ♦' Superintendents may contract for employment of

inmates, ....

" State, for the better protection of, from fire,

" State, and Rainsford Island Hospital, appropriations for

Expenses of, .
Amendment to the Constitution, Resolves concerning, .
American Cordage and Webbing Company, to incorporate,

" Flax Cotton Company, to incorporate,

" Insurance Company, to extend Charter of,

" Linen Company, to amend the Charter of,

" Watch Company, Name of Waltham Improvement Company

changed to, . . .

Amherst and Belchertown Railroad Company, concerning,

" College, granting aid to, out of proceeds of sales of Back Bay

Lands, .......

Amory, Charles, and others. Trustees, Resolve on Petition of, .
Amusements, Public, in addition to Act concerning,
Ancient and Honorable Artillery Company, Resolve of thanks to,
Andrews, John P. and George, Trustees, Resolve on petition of,
Animals and Birds, Fighting of, relating to Exhibitions,

♦' Cruelty to, to prevent, .....

Page 230

96

36

647

161

142
458

237
442
253
253
8
246

228
66

314
438
125
646
649
319
272

Appropriations of the Year 1858.

Appropriation for the Emergency Fund, .... 19

Appropriations, Final, for the Hospital for Insane at Northampton, . 104
" for the Maintenance of Government during the year

1858, and Supplementary Act, ... 8-
" to meet certain Expenditures authorized the present year, 108-
" to pay certain Expenses incurred in previous years, . 95-
" " *' " of the year 1857, . . 20
<• " " " " " " additional Act, 31
" relating to certain Funds belonging to the Common-
wealth, and disbursement of Income, . . 72

Appropriations of the Year 1859.
Appropriation, additional, for better preservation of State Almshouses

from fire, ...... 631

" for warming and ventilating the Representatives' Hall, . 657

" for transportation of State Paupers, . . . 247

Appropriations, certain, authorizing transfer of, for Military purposes, . 657

" for certain expenditures and deficiencies, and for other

purposes, ..... .^32, 643

INDEX.

Ill

Appropriations for compensation of the Committee on Revision of the
Statutes, and other purposes,
for compensation of the Doorkeepers, Messengers and
Pages, ......

for Expenses of State Almshouses and Rainsford Island
Hospital, ... . . .

further, for repair and maintenance of Charles River
and Warren Bridges, ....

from the income of several Trust Funds, &c.,
for the maintenance of Government during the current
year, and Acts additional and supplementary thereto,^
to meet certain Expenses authorized the present year, a.

supplementary Act,
for Mileage and Compensation of the Legislature,
lo pay certain Expenses of the year 1858, and previous
years, .....

Artillery, Ancient and Honorable, Resolve of thanks to,
Assessment and Collection of Taxes, relating to,

" of Damages, concerning applications for Juries for, .

" of Taxes in the Town of Newbury, relating to,

Assessors, Duties of, in addition to Act concerning,
" of the City of Lynn, relating to, .

" Returns of Corporations to, concerning,
Assignees of Insolvents, concerning, ....

" liability for Costs in certain Cases, concerning,
Assistant-Librarian, to increase the Salary of, .

" " relating to salary of, ...

Association, Congregational Library, concerning,

*' " " concerning the Records and doings of,

" East Boston Library, additional to Act incorporating,

'• Eliot liibrary.Name of Jamaica Plain Athenajura changed to

" Linden Grove Cemetery, to incorporate,

♦« Massachusetts Teachers', in aid of, .

" Mishawum Literary, to incorporate,

" New Bedford Women's Reform and Relief, to incorporate,

" for the relief of Aged Indigent Females, in addition to Act

incorporating, .....

'• Thurber Medical, to incorporate,

•' Traveller Newspaper, to incorporate.

Associations, Law Library, additional to Acts concerning,
" " " Resolve in favor of, .

" Loan and Fund, additional to Act authorizing the business

of,

Asylum, St. Vincent's Orphan, in addition to Act incorporating,
AthensEum, Jamaica Plain, to change the Name of,
Atlas Bank, to increase the Capital Stock of, .
Attachments of Real Estate, relating to, , , ,

Page

643

631,

643

237

641

72,

354

257, 42

-427, 433
226, 630

297
646

61
397

78

82
370
396
105, 252
339
250
650
435
454
292
7

90
437

79
408

41
228

67
326
155

408

42

7

332

333

IV

INDEX.

Attendance of Children at School, additional to the several Acts con-
cerning, . , • . . Page 337
'* " at School in adjoining Towns, concerning.
Attendants and Officers of the Legislature, to regulate the Compensa

tion of, ...... .

Attorney for the Middle District, establishing the Salary of.

Attorneys for the Northern, Eastern and Southern Districts, to fix the

Salaries of, .
Attorneys, District, fixing Salaries of, .

" " to proceed against Public Officers who neglect to

pay over Money to County Treasurers,
Attorneys at Law, collection of Money fraudulently withheld by, relat

icg to, . . . ....

Attorney's Fee in certain Criminal Prosecutions, relating to.
Auditor to appoint a person to countersign Bank Notes,

" concerning certain Reports to, &c.,
Auditor's Annual Report, what to embrace,

B.

Back Bay, regarding Railroad facilities for filling.

Back Bay Lands, proceeds of Sales, to increase the School Fund and
grant aid to certain Colleges, &c,, out of, .
" " and the Public Garden, relating to, .
Bail in Criminal Cases, relating to, . ...

Baker, Levi, Resolve in favor, .....
Baker's Pond and Drain Fishing Company, to incorporate,
Bakery Company, Boston Mechanical, to incorporate,
Bank, Atlas, to increase the Capital Stock of, .
Bank Bills, Auditor to appoint a person to countersign,

" " Certificates and Notes, Blanks for Counterfeiting, to prevent
the use of, .... .

" " and Coin, granting aid for the suppression of Counterfeiting,

" " granting aid for the suppression of Counterfeiting, . .

" "to punish and remedy the wrongful detention of,

" of Commerce, Payment of certain lost Coupons authorized,

" Commissioners, establishing Salary of, .

" Hide and Leather, time for paying in the Capital Stock extended

" Howard, changing Name of Howard Banking Company, .

" of Mutual Redemption, to amend Act incorporating,

" Natick Five Cents Savings, to incorporate,

" North, to increase the Capital Stock of, .

" Old Colony, to extend the time to pay in the increase of Capital

" Pawners', to incorporate, . . . .

" Returns, certain additional, required,

" " Monthly, to amend the Form of,

" Salem, to reduce the Capital Stock of, .
Banking, in addition to Act authorizing the business of,

INDEX.

Banking Company, Howard, changing Name to Howard Bank, . Page 2G7
Banks, Savings, and Mutual Insurance Companies, concerning invest-
ments of, ..... . 37

" " relating to Dividends by, .... 337

«» in South Boston, to make Monthly Returns, . . . 139 /

" Specie in, to increase the amount of, . . . , 54

" " " " amendatory Act, . . 139

Baptist Church, First, in Woburn, authorized to sell Real Estate, . 228
Baptist Society, North, in Dorchester, to confirm the organization and

proceedings of, . . . . . 267

" «' Shawmut Avenue, in Boston, to incorporate, . . 640

Bass, John P., Resolve for relief of, . . . . . 654

Bastardy Process, relating to, ..... . 404

Battery Wharf Company, to incorporate, .... 90

Battery Wharf, in Gloucester, to extend, .... 229

Beach, Cut, in Gloucester, to protect, ..... 294

Bedford, Town of, concerning Flowage of Lands in, . . . 449

Belmont, Town of, to incorporate, ..... 277

Bemis, William L., Resolve on Petition of, . . . . 161

Benson, George W., Resolve in favor of the Widow of, . . 655
Bequest of Isaac B. Woodbury to the State of Massachusetts, Resolve

concerning, ........ 439

Beverly Insurance Company, in addition to Act incorporating, . . 338

Billiard Rooms and Bowling Alleys, relating to, . . . . 372

Bills, Bank, Auditor to appoint a person to countersign, . . 389

«' " granting aid for the suppression of Counterfeiting, . . 446

" " to punish and remedy the wrongful detention of, . . 282
•' " Certificates and Notes, to prevent the use of Blanks for

Counterfeiting, . . . . . . 53

Birds and Animals, Fighting of, rdating to Exhibitions, . . -319

Black's Wharf, Heirs of John Black authorized to extend, . . 17

Blank Writs, relating to, . . . . . , . 406

Blanks for Counterfeiting Bank Bills, Certificates and Notes, to prevent

the use of, ....... . 53

Board of Agriculture, establishing Salary of Secretary, . . . 449

'< " relating to " '« . . . 650

«« " Resolve in favor of, "... 158

Board of Education, Secretary of, to amend Act relating to, . . 50

" of Education, to increase the Salary of Clerk of the Secretary, . 250

" of Insurance Commissioners, for the better establishment of, . 152
<' of Overseers of Harvard College, additional to Act changing the

organization of, ...... . 369

Boarding-house Keepers, relating to, . . ^ . . , 397

Boilers, Steam, to regulate the use of, . . . . . 417

Bonds, Executors', relating to, . . . . . . 55

Books and Engravings for Lunatic Hospital at Northampton, concerning

the purchase of, . . . . . . . 441

Books, Reports and Laws, received by Cities and Towns from the Com-
monwealth, for the preservation of, . . . , 81

VI

INDEX.

Books, School, and changes in the same, relative to,
Boston, Barre, and Gardner Railroad, concerning,
Boston, City of, additional to Act for supplying with pure water,
" '* authorized to establish a City Hospital,

" " authorized to lay out a Highway by extending Albany

Street, .....

" " to raise the Dam at the outlet of Lake Cochituate,

<« " Jurisdiction over certain Lands in, ceded to the United

States, .....

" " Public Institutions, concerning the removal of Prison

ers in, .

" Dispensary, additional to Acts relating to,
" Harbor, Commissioners, Resolve for payment of,
" ♦' concerning Criminal Jurisdiction in,

" »« Scientific Survey of. Resolves relating to,

Boston and Maine Railroad, in relation to, .

" Mechanical Bakery Company, to incorporate,
" and New York Central Railroad Company, concerning,
" and Sandwich Glass Company, to confirm the reduction of th

Capital Stock of, .
" and Southern Steamship Company, to incorporate,
<< Theatre, to incorporate the Proprietors of, . .

" and Worcester Railroad Corporation, construction of a Road
" changing location and extending time for, .

Boundary Line between the Towns of Holliston and Milford, to alter,
" " between the Towns of Marion and Wareham, Resolves

in relation to, .... .

Bounty, Military, to Company D, Sixth Regiment, Third Brigade

Second Division Volunteer Militia, .
Bowdoin Mutual Fire Insurance Company, additional to Act incorpo

rating,
" '« << ♦' " concerning.

Bowling Alleys and Billiard Rooms, relating to.
Bread, regulating the Manufacture and Sale of, .
Bridge, Charles River and the Warren, concerning Agent and Draw

tenders,
" " " '« « relating to,

<« " " " << relating to repairs upon,

" " " " '< Tolls on, when to cease,

«• " <« <« <♦ and the Essex, appropriations

for, .
" " '« •» " further appropriations for,

" Essex, in addition to Act providing for the maintenance of,
" " relating to, .... .

" Maiden, relating to, .... .

Bridges, Town of Brighton authorized to pay certain persons for tend
ing, ........

Broadway Railroad Company, concerning,

Brookline Hotel Company, to incorporate, . . .

Page 271

272

64, 390

85

230
333

127

85
235
161

97
164
281
305

16

250

362

59

223
312

156

456

271

78

372

328

334
234

651, 652
76

356, 357

641

82

291

273

371
17

247

INDEX.

Vll

Brookline Railroad Company, concerning,

Brooks, Hiram, to extend his Wharf, , . . .

Brown, David F., Resolve in favor, ....

Brown, Moses, Resolve in favor, ....

Brush Hill Turnpike Corporation, in addition to Act concerning.

Buildings, Wooden, in the City of New Bedford, for the regulation of,

Burr, Sally, a Punkapog Indian, Resolve on Petition of,

Bussey, Benjamin, Trustees under Will of, Resolve on their Petition,

Page 235
234
440

465
252
639
456

462

c.

Cambridge, City of, concerning Drains and Sewers in, . . . 300
" " Dams and Dikes in, Edmund T. Dana and others

to construct, ..... 107

" " Resolve in favor, . . . . . 440

" University, Board of Overseers, additional to Act chaiiging

the organization of, . . . . . 369

" and Watertown Turnpike, part of, established as a Highway, 317
" " " " Town of Brighton to pay certain

persons for tending Draw-Bridges, .... 371

Canal, Middlesex, concerning, ...... 448

" Roxbury, relating to, ..... . 255

Cancelled Scrip, certain, Resolve providing for the destruction of, . 158

Cannon at Arsenal, authorizing removal of, . . . . 459

Cape Ann Mutual Marine Insurance Company, to incorporate, . . 65
" Cod, Middleborough and Taunton, and Old Colony and Fall River

Railroad Corporations, concerning, ..... 143

Carlisle, Town of, concerning Flowage of Lands in, . . . 449

Caverly, Robert B., Resolve in favor, , . . . . 460

Cemetery Association, Linden Grove, to incorporate, ... 90
" Company, East Douglas Evergreen, to incorporate, . . 92
" at Mount Auburn, Proprietors of, additional to Act incorpo-
rating, ........ 354

Certificates, Notes and Bank Bills, Blanks for Counterfeiting, to prevent

the use of, ....... . 53

Certiorari, Writ of, concerning, ...... 84

Change of Names, ....... 193, 599

Channel known as Roxbury Canal, relating to, . . . . 255

Charcoal, Measurement of, additional to Act regulating, , . 412
Charitable Eye and Ear Infirmary, Massachusetts, Resolves in favor of, 157, 436
" Institutions, Public, Resolves for appointment of Special

Joint Committee on, ..... 163

" and Reformatory Institutions of the Commonwealth, Public,

concerning, ...... 330

Charles River and Warren Bridges, concerning Agent and Draw-
tenders of, . . . 334
« " " " " relating to, . . . 234
« «< " " " relating to Repairs upon, . 651,652

Vlll

INDEX.

Cliarles River and Warren Bridges, Fund, appropriations from in-
come of, .
«« <' << " " further appropriations for repair

and maintenance of,

*< «' '< " " Tolls on, when to cease,

Charlestown, City of, authorized to establish a Fire Department,

»' " to regulate Sidewalks in, .

Chauncy Fire and Marine Insurance Company, concerning,

" " " " " Name of Quincy Fire

and Marine changed to, .... .

Chelsea Beach Railroad Company, to incorporate,
Cheshire Railroad Company, concerning,
Chicopee Manufacturing Company, authorized to change the par value
of its shares and issue new Stock, ....

Chicopee, Police Court in, additional to Act establishing,
Cliief Justice of the Superior Court of Suffolk County, late, Resolve in
favor, .......

Children, Adoption of, additional to Act providing for, .

" Attendance of, at School, in adjoining Towns, concerning,

" Attendance of, at School, additional to the several Acts con-

cerning, ......

" Employment of, in Manufacturing Establishments, concerning

" Infant, of Female Convicts, concerning the Care of, .

«* Orphan and Destitute, to incorporate the Church Home for,

Chilmark, Town of, Resolve in favor, ....

Church, First Baptist, in Woburn, authorized to sell Real Estate,
" Grace, in Salem, to incorporate Proprietors of, .
" Home for Orphan and Destitute Children, to incorporate,
" Newton Street Methodist Episcopal, to change the Name of,
«« Old South, in Boston, to change the Name of, .
•< of the Paternity in Boston, to incorporate Proprietors of,
" Protestant Episcopal, concerning the Officers of,
" St. Andrews, in Chelsea, to incorporate Proprietors of,
Cities and Towns, Books, Reports and Laws received by, for the preser
vation of, .
'< " to establish Public Libraries, to amend Act authorizing;

Civil Government of the years 1858 and 1859, .

Claim of Massachusetts upon the Federal Government, providing for pay
ment of Agent to prosecute, ....

Claim of Massachusetts upon the Federal Government, relating to,
Claim of State of Maine, relative to payment of.

Claims of Massachusetts upon the Federal Government, appointment of

Agent to prosecute. Resolve authorizing,

" of Operatives against Insolvent Debtors and Corporations, Pre

ferred, concerning, .....

Claims against the State, certain, to be vouched under oath, &c.,

Clerk in Adjutant-General's Office, to establish Salary of.

Clerk of Committee on Revision of the Statutes, Resolve for pay of.

Page 356

641
76
289
322
272

22
265

248
324

162
249
269

337

61

41

28

160

228

266

28

631

269

268

86

268

81
232
607

201.

444

435

422, 426

435, 469

87
389
322
652

INDEX.

iz

Clerk, Second, in the Secretary's Office, to establish Salary of, .
Clerk of the Secretary of the Board of Education, to increase the Salary of,
Clerks in the several Departments, respecting Salaries of,
Cliftondale Railroad Company, to incorporate, ...
Clubs, Farmers', relating to, .... .

Cochituate Lake, City of Boston to raise the Dam at outlet of, &c.,
Cohasset, Jurisdiction over certain Lands in, ceded to the United States
Coin, Bank Bills, granting aid for the suppression of Counterfeiting,
Cole, John M. and Lansing J., Resolve in favor of,
Collection and Assessment of Taxes, relating to.

Collection of Money fraudulently withheld by Attorneys at Law, relat-
ing to, ...... •

Collectors of Taxes, concerning, ....

College, Harvard, President and Fellows authorized to resign their
trusts concerning Theological Education, and the maintenance of
a Theological School, ......

Colleges, Tufts, Williams and Amherst, granting aid to, out of proceeds
of sales of Back Bay Lands, ....

Commissioner, Indian, extending time for Report of.
Commissioners appointed under Acts " to regulate the use of Railroads,'
concerning Compensation of,
'• Bank, establishing the Salary of,

" on Boston Harbor, Resolve for payment of,

" to count the Money of Banks organized under general

law, ......

" County, fixing Salaries of, .

" of Dukes County, to borrow money to finish the Court

House at Edgartown,
" of Essex County, to borrow money to rebuild the Court

House at Lawrence,
" Insurance, Board of, for the better establishment,

'< Insurance, concerning, ....

" on the Revision of the Statutes, relating to,

" " " " «' Resolve for payment of

Committee on Flowage of Lands, Resolve for compensation of, .

" on the Liquor Commission, Resolve for payment of ex

penses of, .... •

" on Maine Lands, Resolve for compensation of,

•' on Public Charitable Institutions, Special Joint, Resolves for

the appointment of, . . . •

'♦ on Revision of the Statutes, ....

" " <• " Appropriations for compensa

tion of,
" '« •' " and its Officers, Resolve for pay

ment of,
Common Pleas, Court of, for the County of Worcester, relating to.
Commonwealth, Territorial Limits of, declaring, and establishing the
limits of certain Counties, ......

2

Page 296

250

388

306

362

64, 333

33

165

168

61

323
325

152

314

647

311
161

420
321

647

647
152
461
468
652
655

656
652

163
626

643

650, 652
88

640

INDEX.

Company D, Sixth Regiment, Third Brigade, Second Division, Volun-
teer Militia, granting Bounty to, .
Complaints before Justices of the Peace and Police Courts, concerning.
Concord, Town of, concerning Flowage of Lands in,
Congregational Library Association, concerning,

•« " •« confirming the Records and

doings of, .
" Society in Leominster, First, in addition to Act incor-

porating, .....
«« •' Pine Street, authorized to sell certain Real

Estate, .....
Congress, 35th and 36th, Massachusetts Members of,
Cansolidatiou and Arraiigeineut of the Statutes, Resolve in relation to.
Constables, for removal of, for cause, in cities, ....
Constitution, Amendment to, concerning, ....

Contracts, Written, relating to specific performance of, .
Conveyances and Devises of Estates for religious purposes, relating to,
Conveyances of Lands or Plats belonging to the Commonwealth, in

relation to, .
Convicts, Female, Infant Children of, concerning the care.
Convicts in the State Prison, Insane, relating to,

«< •' " " relating to Diet, Clothing and Bedding of.

Cordage Company, Old Colony, to incorporate.
Cordage and Webbing Company, American, to incorporate.
Coroners' and Fire Inquests, Costs of, concerning,

" " " relating to, ...

Corporations, Frauds in Officers of, in addition to an Act to punish,

" Insolvent, concerning Preferred Claims of Operatives

against,
" Issues of Stock by, concerning, .

•* Returns of, to A.ssessors, concerning,

«» Stockholders in, to protect the Rights of.

Cotter, Hannah, Resolve on Petition of, .
Council, Compensation of Members established,
" Governor's Address to, .
" concerning Mileage of Members,
Counterfeiting, granting aid for the suppression of,

" Bank Bills, Certificates and Notes, to prevent the use of

Blanks for, ....

Counties, limits and jurisdiction of, established.

County Commissioners, fixing Salaries of.

County Debts, to limit the contracting of,

County Taxes, Resolve granting.

County Treasurers to notify District- Attorney upon neglect of public

officers to pay over Money,

" " relating to, . . . .

Coupons, certain lost, Resolve authorizing the payment of.

Court of Common Pleas for the County of Worcester, relating to,

Page 456

19

449

435

454

257

125

200, 605

170, 436

642

442

236

97

391

41--^
415

275-^^
246
253

25
371

86

87

141, 276

396

106

167

58

673

226

165, 446

63

640

321

398

167, 464

389

414

155

88

INDEX.

XI

Court House at Edgartown, authorizing loan for finishing,
«' " at Lawrence, authorizing loan for rebuilding,

" " Jurisdiction over certain Lauds iii Boston ceded to the

United States for, .....
Court of Insolvency for Middlesex and Worcester Counties, fixing thi
Salaries of Registers, .....
" Justices', of Suffolk County, extending Jurisdiction of, .
" Police, in Chicopee, additional to Act establishing,
" " in Gloucester, to establish,

" *' in New Bedford, in addition to the several Acts in rela

tion to, .... .

" ♦' in Pittsfield, concerning, ....

" " in Taunton, to establish, ....

•' Probate, in County of Nantucket, relating to,
" " in Dukes County, additional to Acts concerning,

'• Superior, to establish, .....
" Supreme Judicial, concerning, ....
" " »' in the County of Suffolk, concerning Officers

attending on,
" " '* in the County of Worcester, concerning

terms of, ....
" " " and the Superior, Justices of, .

" «' •' '< " relating to terms of,

" " of the United States, Resolves in relation to the Decision

in Case of Scott versus Sandford, .
Courts, Crier of. Office abolished, ....

" of Insolvency, concerning the Records of, . .

«• •' and of Probate, Jurisdiction of, united, .

" Police, relating to, .... .

" " and Justices of the Peace, relating to,

" " Justices of, and of the Peace, concerning Complaints

before, .....

'• of Probate and of Insolvency, Jurisdiction of, united.
Crane, William S., Resolve in favor of the Widow of, .
Creditors, to amend Act of 1851, providing further Remedy for.
Crier of Courts, to abolish the Office of, ...

Criminal Cases, relating to Bail in, ....

'< " relating to Jurisdiction in,

«' " relating to Proof in, ....

" " Returns of Precepts in, concerning.

Criminal Jurisdiction in Boston Harbor, relating to,

" Law, to provide for the better Administration of,
Cruelty to Animals, to prevent, .....
Cummings, Allen, Resolve in favor of, .
Cut Beach, in Gloucester, to protect, ....

Page 647

647

127

97
338
324

98

80
301

62
320
247
339
635

81

629
606
629

xu

INDEX.

D.

Dam at outlet of Lake Cochituate, City of Boston to raise,

Damages, Applications for Juries to Assess, concerning,

Dana, Edmund T., and others, authorized to construct Dams and Dikes

in Cambridge, ......

Dang:nus "Weapons, relating to the carrying of.

Day, Jonathan, Resolve in favor, ....

Debtor, Insolvent, discharge of, to amend Acts of 1856, relating to,
«< " " concerning,

•' " Assignee of, may be trusteed.

Debtors and Corporations, Insolvent, concerning Preferred Claims of
Operatives against, .....

'• Insolvent, concerning Assignees of, .

«' " concerning investment or deposit of Money belong

ing to Estates of, ...

" •' liability of Assignees for Costs in certain cases, con

cerning, ....

" •• relating to sale of Property of,

«' Non-resident, to amend Act of 18-51, providing further remedy

for Creditors of, .

Debts, County, to limit the contracting of, . .

Debts due the Commonwealth on account of Sales of Public Lauds in

Maine, to enforce payment of, ... .

Deceased Paupers, relating to Estates of, ...

Decision of the Supreme Court of the United States in Case of Scott

versus Sandford, Resolves in relation to, .
Descent and Distribution of the Estates of Intestates, in addition to Act

relating to, .
Destitute and Orphan Children, Church Home for, to incorporate.
Destruction of certain Cancelled Scrip, Resolve providing for, .
Detention of Bank Bills, wrongful, to punish and remedy.
Devises of Estates for religious purposes, relating to.
Dike across Little Harbor Meadow, in Truro, Samuel Dyer and others

to build, .......

Dikes and Dams in Cambridge, Edmund T. Dana and others, to con

struct, .......

Discharge of an Insolvent Debtor, to amend Act of 1856, relating to,
Discharges in Insolvency, concerning, ....

Discipline of Jails and Houses of Correction, concerning,
Dispensary, Boston, additional to Acts relating to,
District-Attorney for the Middle District, establishing the Salary of,
District-Attorneys for the Northern, Eastern and Southern Districts, to
fix the Salaries of, . . .

" " fixing Salaries of, .

•• •' to proceed against Public Officers who neglect to pay

over Money to County Treasurers,

Page 333
397

107

357

461

40

88

31

87
105, 252

289

339
56

26
398

452
21

170

26

28

168

282

97

268

107

40

88

58, 277

235
85

87
371

389

INDEX.

Xlll

District of Marshpee, relating to Pickerel and Perch Fishery in, . Page 71

District System, School, to abolish, . . . . . 413

Districts, School, in relation to, . . . . . . 107

Diversions, Public, relating to, . . . . . . 124

Dividends by Savings Banks, relating to, .... 337

Division of Water-Rights, relating to, . . . . . 294

Documents, Public Series, relating to the Printing of, . . . 231

Documents and Reports, Public, in addition to Act relating to, . 34

Dogs, for the better preservation of Sheep from the ravages of, . 102

Dogs, concerning, . . . . . . . 393

Doorkeepers, Messengers, and Pages, Appropriations for compensation of, 631, 643

" '« " Resolve for payment of, . . 652, 655

Dorchester Extension Railway, to incorporate, .... 239

Dorchester Fire Insurance Company, to incorporate, . . . 17
Dorchester and Roxbury Railroad, extending the time for locating and

constructing, . . . . . . . 331

Dovs^er, relating to, ...... . 40

Drains and Sewers in the City of Cambridge, concerning, . . 300

Draw-Bridges, Town of Brighton to pay certain persons for tending, . 371

Draw-tenders of Charles River and Warren Bridges, concerning, . 334
Dry Measure, the authorized standard for measuring Fruit, Vegetables,

and Nuts, ........ 53

Dudley Indians, Resolve in favor, . . . . 163, 441, 464

" " Resolve in favor of Issachar J. Elliot, Guardian, . 446

Dudley Indians, Resolve respecting, . . . . . 445

" " Resolve respecting certain appropriations for, . . 469

Dudley, Town of. Resolve in favor, . . . . . 449

Dukes County, Court House at Edgartown, authorizing loan for finishing, 647

" " Probate Courts, additional to Acts concerning, . . 247
" " Register of Probate and Insolvency for, relating to

Salary of, ....... .

Duties of Assessors, in addition to Act concerning,

Dyer, Samuel, and others, to build a Dike across Little Harbor Meadow,

in Truro, ........

330

82

268

E.

East Boston Library Association, additional to Act to incorporate, . 292

East Douglas Evergreen Cemetery Company, to incorporate, . . 92

Eastern Avenue Corporation, to revive, . . . . . 412

Eastern, Northern and Southern Districts, Salaries of Attorneys, to fix, 87
Eastern Railroad Company, transfer of Franchise of the Saugus

Branch Railroad Company confirmed, .... 18

Education, Board of, to amend Act relating to the Office of Secretary, , 50

Edwards, Samuel R. and Charles H., to widen Town River, in Quincy, 233
Eighth Society Methodist Episcopal Church in Boston, concerning

change of Name, . . . . . . ■ . 631

Ela, WiUiam H., Resolve in favor of, . . . . . 165

XIV

INDEX.

Eldredge, Edward H., Guardian, Resolve on Petition of,
Election of School Committees, additional to Act providing for,
Election Sermon, Compensation of Preacher, established,
Elections, concerning, ......

Elections of Representatives to the General Court, in addition to A
concerning, .......

Elections, Returns of, relating to, ....

Electric Telegraph Companies, and Telegraphing, additional to Act
concerning, .......

Eliot Fire Insurance Company, in relation to, .

" Library Association, name of Jamaica Plain Athenaeum changed to
Elliott, Issachar J., Resolve in favor, ....

Ellison, Almeda, Resolve in favor of, .
Emergency Fund, making Appropriation for,
Employment of Children in Manufacturing Establishments, concerning,
Encampment, State, at Concord, expenses of transportation to. Resolve
for payment to certain Companies, ....

Encampments, Military, concerning, ....

Episcopal Church, Protestant, concerning the Officers of.
Equitable Safety Insurance Company, to continue Charter of, .
Equity, to regulate Proceedings in, .

Essex Bridge, in addition to Act providing for Maintenance of, .
" " concerning, .....

" " Appropriations for, ....

Essex County, Commissioners to borrow money to rebuild Court House
at Lawrence, ......

Estate, Real, concerning Partition of, .

" " relating to Attachments of, ...

Estates, Conveyances and Devises of, for religious purposes, relating to
" of Deceased Paupers, relating to,
'« of Intestates, Descent and Distribution of, in addition to Act

relating to, .

«' of Insolvent Debtors, concerning investment or deposit of
Money belonging to, ... .

European Wharf Company, in Boston, to incorporate, .
Evergreen Cemetery Company, East Douglas, to incorporate,
Execution, Boat, Fishing Tackle and Nets of Fishermen, exempted from
Executions, extending the time for taking out, ...
Executors' Bonds, relating to, .
Exemption of the Homestead of a Householder from levy on Execution;
additional Act, .....

" of the Property of Widows and Unmarried Females from

Taxation, relating to, .
Exhibitions of the Fighting of Birds and Animals, relating to.
Eye and Ear Infirmary, Massachusetts Charitable, in favor of, .

Page 445

266,418

456

290

7
233

417

233

7

446

168

19

61

651

140

86

32

401

82

291

357

647

100

333

97

21

26

289

26

92

305

229

65

51

33

319

157, 436

INDEX.

XV

F.

Fall River, City of, amending the Charter,

Falmouth, Herring Fisheries in tlie Town of, to protect,

Faneuil Hall Market, in Boston, concerning,

Farmers' Clubs, relating to, .... .

Fears, Robert, to extend his Wharf, ....

Fee of Attorney in certain Criminal Prosecutions, relating to, .
Fees, in certain cases in Insolvency, concerning,
Fees of Witnesses before Committees, concerning appropriations for,
" '* relative to paying, ....

Female Convicts, Infant Children of, concerning the care,
Females, Aged, Indigent, Association for relief of, in addition to Act
incorporating, ....

" " Newburyport Society for relief of, to amend Act incor

porating, .....

•• Unmarried, and Widows, exemption from Taxation of the

Property of, relating to, .
Fence around Fort Washington, Resolve in aid of the erection of,
Fernald, Henry B., Resolve in favor, ....

Fighting of Birds and Animals, relating to Exhibitions of.

Finance, to regulate certain matters of, .

Finances of the Commonwealth, to establish a better system for the

administration of, .
Fire and Coroners' Inquests, relating to, ...

Fire Department, City of Charlestown to establish.
Fireman and Watchmen to the State House, for the appointment of,
First Baptist Church in Woburn, authorized to sell Real Estate,
First Congregational Society in Leominster, in addition to Act incor
porating, .......

l^'Fish, Menhaden, regulating the Seining of, in Rivers of the Common
wealth, ......

/^ " Pickled and Smoked, relating to a Return of,
^' Fisheries, to amend Act relating to, .

^^ *' Herring, in the Town of Falmouth, to protect,
^/^ " in the vicinity of Nantucket, in further addition to Act regu-
lating,' .......

^xTishermen, Boats, Nets and Fishing Tackle of, exempt from Execution,
^^ Fishery, Herring, in Indian Head River, relating to, .
*^' " in Newbury, in addition to Act regulating,

" Pickerel and Perch, in the District of Marshpee, in relation to,
" Trout, in Marshpee River, relating to, .
-^ Fishing Company, Baker's Pond and Drain, to incorporate,
Flanders, Alfred, Resolve on Petition of, ...

Flats or Lands belonging to the Commonwealth, relating to convey
ances of, ...... .

Flats and Shores belonging to the Commonwealth, concerning,

324

94

369

362

65

357

106

388

249

41-

41

224

33

164

449

319

128, 388

3

25, 371

289

131

228

257

39
275
276.

94

72
305
270
246

71
276

52
162

391
469

XVI

INDEX.

Flax Cotton Company, American, to incorporate, . . . Page 253
Flowage of Lands in Towns of Concord, Sudbury, Wayland, Bedford,

and Carlisle, concerning, .... 449

" " Committee on, Resolve for compensation of, . 655
Foreclosure of Mortgages of Personal Property, to perpetuate the Evi-
dence of, ....... . 6

Foreign Insurance Companies, Delinquent Agents of, relating to, . 142
" " " Returns by Agents of, relating to, . 37
Fort Washington, Resolve in aid of the erection of a Fence around, . 164
Franklin and Nantucket Counties, Registers of Probate and of Insol-
vency in 1858, relating to Salaries of, ... . 442, 460

Frauds in Officers of Corporations, in addition to an Act to punish, . 86

Freight, Delivery of, to connecting Railroads, concerning, . . 366

Fruit and Vegetables, concerning the Measurement of, . . . 53

Fugitives from Justice, relating to, .... . 266

Fund, Emergency, making Appropriation for, .... 19

" Western Railroad Sinking, respecting, .... 78, 131

Funds, certain Trust, making Appropriations from Income of, . . 72, 354

G.

Gale, John H., to extend Marine Railways, .... 280

Garden, Public, in Boston, and the Back Bay, relating to, . . 367

Gas Light Company, Reading and Stoneham, to incorporate, . . 243
Gay Head and Christiantown Indians, Resolve in favor of W. H. Luce,

Physician, ...... 446

" Indians, certain, Resolve in favor of the Town of Chilmark,

for support of, . . . . . , 160

General Statutes, relative to appending a Glossary to, . . . 656

" " relative to publication and distribution of, . 656, 657, 658

Geological Report, Professor Hitchcock's, Resolve relating to, . . 163
Glass Company, Boston and Sandwich, to confirm the reduction of the

Capital Stock of, . . . . . . . 250

Globe Firs aad Marine Insurance Company, to incorporate, . . 256

Glossary to the General Statutes, relative to appending, . . 656

Gloucester Police Cotirt in, to establish, .... 98

Goodspeed, Thomas, Henry W. Luther and others, set off with their

Estates from District of Marshpee to Town of Sandwich, . . 312

Government of Prisons, relating to, . . . . . 134
Governor's Address, ....... 173, 473

" « to the Council, ..... 573

Grace Church, in Salem, to incorporate the Proprietors of, . . 266
Grand Lodge of Masons in Massachusetts, to incorporate the Master,

Wardens and Members of, . . . . • • 254
Granite Railway Company, authorized to hold Meeting for choice of

Officers, ........ 150

Groton Junction Hotel Company, to incorporate, . . . 313

Guardian to the Dudley Indians, Resolve respecting, . . . 445

INDEX.

xvu

Guardians and Wards, concerning, ..... Page 87

Guns, at State Arsenal, certain, authorizing the removal of, . . 459

H.

Habeas Corpus, relating to Writ of, .

Hadley Falls,Proprietors of, to incorporate.

Hall, Franklin, Resolve on Petition of, . . . .

Hampshire and Hampden Railroad Company, concerning,

Hancock House, relating to, .

Harbor of Eoston, Commissioners on. Resolve for payment of, .
" " concerning Criminal Jurisdiction in, .

" " Scientific Survey of. Resolves in relation to, .

Harlow, Oliver, Andrew, Thomas C, and others, set off with their
Estates from the District of Marshpee to Town of Sandwich,

Harris's Report on Insects of New England, Resolves for reprinting,

Harris, Samuel L., Resolve in favor of, ....

Harvard College, Board of Overseers, additional to Act changing organ-
ization of, ....... .

Harvard College, President and Fellows authorized to resign their trusts
concerning Theological Education, and the Maintenance of a Theo-
logical School, ......

Hassanamisco Indians, Resolve in favor of, .

Haynes, Gustavus E. and William H. Oakes, Resolve in favor,

Herring Fishery in Indian Head River, relating to, . .

" «• in the Town of Falmouth, to protect, .

Hide and Leather Bank, in Boston, time for paying in Capital Stock
extended, .......

Highland Agricultural Society, to incorporate, .

Highway, City of Boston to lay out, by extending Albany Street,
" part of Cambridge and Watertown Turnpike established as,

Highways, relating to Damages from alterations in,

" Surveys made in laying out, providing for Registration of,

Hinckley, Daniel B., Resolve in favor of,

Hinckley, Thomas, authorized to build a Wharf in Falmouth, .

Hitchcock's Geological Report, Resolve in relation to, .

Hodges, Horace I., Resolve in favor of, .

Holliston and Milford, Boundary Line between, to alter,

Holyoke Water-Power Company, to incorporate,

Home Mutual Fire Insurance Company, to incorporate,

Home for Orphan and Destitute Children, Church, to incorporate.

Home, Washingtonian, for Inebriates, to incorporate,
" " " Resolve in favor of.

Homestead of a Householder, in addition to Act to exempt from levy
on execution, ......

Hoosac Tunnel, Loan of State Credit to construct, additional to Act
authorizing, .......

Horse Railroad Company, Broadway, concerning.

641
60
466
406
328
161
97
164

312
466
444

369

152

167, 464

439

270

94

65
310
230
317
251
296
446
229
163
166
312
225
271

28

292

461, 468

51

283
17

XVlll

INDEX.

Horse Railroad Company, Brookline, concerning,

" " " Chelsea Beach, to incorporate,

" " " Cliftondale, to incorporate, .

'• " " Dorchester Extension, to incorporate,

" " '< Dorchester and Roxbury, extending time for

locating and constructing road, .
" " " Lynn and Boston, to incorporate,

" '• " Medford and Charlestown, concerning,

*• " '• Metropolitan, concerning,

" " " Middlesex, concerning,

" " " Suffolk, extending time for payment of Cap

ital Stock,
" " " West Roxbury, in addition to Act incorpo

rating, ....

Horse and Steam Railroad Crossings, relative to.
Hospital, City, authorizing the City of Boston to establish,

♦' for Insane at Northampton, making iinal Appropriations for,
" Massachusetts General, and certain persons, authorized to fill

up Flats and build a Sea-wall,
" at Rainsford Island, Repeal of Act authorizing sentence of

certain persons to, .
" •< " Resolve concerning,

" *' " respecting Accounts of, .

" " ♦' and State Almshouses^ Appropriation!

for expenses of,
" State Lunatic, at Northampton, in aid of,
'• " •' " concerning the purchase of

Books and Engravings for, .....

Hospitals, Commitment of Lunatics to, concerning,
" State Lunatic, relating to, .

" " " relating to persons committed to, not having

known settlement in the State, ....

Hotel Company, Brookline, to incorporate,

" •' Groton Junction, to incorporate.

House in Hancock Street, heretofore occupied by the Sergeant-at-Arms
providing for the sale of, .
" «' " Resolve for payment of certain expenses of

sale of, .
House of Representatives, Reporters' Seats in, relating to,
Householder, Homestead of, in addition to Act exempting from levy on
execution, .......

Houses of Correction, providing for removal of Officers of, using Intoxi

eating Liquors,

«* " and Jails, concerning the Discipline of,

«« " " Discipline of, to amend Act concerning,

«« «« '« relating to the control and management

of, .
«• «♦ " relating to returns from,

Page 235

22

306

239

331
358
407
226
363

224

28
293

85
104

311

294
162
388

237
450

441
51

16, 277

133
247
313

467, 468

646
458

61

134--.^

68--v^

277-^

410\
301

INDEX.

XIX

Howard Banking Company, changing Name to Howard Bank, . . Page 267

Howland, Ellis, Thomas T., Solomon, and others, set off with their

Estates from the District of Marshpee to Town of Sandwich, . 312

I.

Idiotic and Feeble-minded Youth, Massachusetts School for, relative to

completing a building for, . 447

«* " <' Massachusetts School for, Kesolve in

aid of, . . . . 157, 440

Income of certain Funds belonging to the Commonwealth, relating to

disbursement of, . . . . • . .72, 354

India Fire and Marine Insurance Company, to incorporate, . . 142

Indian Commissioner, extending time for Report of, . . . 647

Indian Head River, relating to Herring Fishery in, . . . 270

" Orchard Mills, to incorporate, ..... 223

" Schools, Appropriations for support of, . . . . 355

Indians, Chappequiddic, Resolve in favor of Guardian, for board and

burial expenses of Margaret Peters, . . . 162

'< of the Commonwealth, concerning, . . . . 419

'♦ Dudley, Resolve in favor, .... 163, 441, 464

" " Resolve in favor of Issachar J. Elliott, Guardian, . 446

" «' Resolve respecting Guardian of, . . . 445

»« ♦' Troy and Marshpee, respecting certain appropriations for, 469

'« Gay Head, certain. Resolve in favor of the Town of Chilmark

for support of, ..... • 160

" Gay Head and Christiantown, Resolve in favor of W. H. Luce,
Physician, ......

•• Hassanamisco, Resolve in favor, ....

" Marshpee, relating to School Books for,

«' Marshpee, Resolve in favor, ....

•' Punkapog, Resolve in favor of Guardian,
Industrial School for Girls, State, additional to Act establishing,
•< '• « «i concerning,

«' " " " concerning erection of an additional

building, .
'« " " " Resolve in relation to,

«« " " " and the State Reform School, Resolve

in favor of deserving pupils.
Infant Children of Female Convicts, concerning the care of.
Infirmary, Massachusetts Charitable Eye and Ear, Resolve in favor of.
Infringement of Trade Marks, to prevent.

Inquests, Coroners' and Fire, relating to, ...

Insane Convicts in the State Prison, in relation to.
Insects of New England, Harris's Report, Resolves for reprinting,
Insolvency, concerning discharges in, ....

" concerning Fees in certain cases,

♦< Courts for Middlesex and Worcester Counties, fixing the

Salaries of Registers of, . . , , , 9/

XX

INDEX.

Insolvency Courts, concerning the Records of,

" and Probate, changing Jurisdiction in matters of,

" and Probate Registers for Nantucket and Franklin Counties

in 1858, relating to Salaries of, . . .
Insolvent Debtors, Assignees of, in relation to, .
" " Assignees of, may be trusteed,

" " discharge of, to amend Act of 1856, relating to,

•» «< " concerning,

" Debtors and Corporations, concerning Preferred Claims of

Operatives against,
" " relating to sale of Property of,

*' '« liability of Assignees for Costs in certain Cases, con

cerning, .....
'< " Estates of, concerning investment or deposit of Money

belonging to, .
Inspectors and Warden of State Prison, relating to Reports of, .
Institute, Roxbury Mechanics', to incorporate, .
" Rumford, in Waltham, to incorporate.
Institution for Savings, Lowell, relating to, .

«< " in Newburyport and its Vicinity, relating to,

«♦ " Warren, to hold additional Real Estate,

«* " Worcester County, fixing the time of Annual

Meeting of, .

Institutions, Public Charitable and Reformatory, of the Commonwealth

concerning, .....

•• Public Charitable, Resolves for appointment of a Special

Joint Committee on,
" '« of the City of Boston, concerning the removal of

Prisoners in, .

Instruction, Branches of, to be taught in the Public Schools, concerning,
Insurance Commissioners, Board of, for the better establishment,
" " concerning, ....

'• Companies, to amend Act of 1856, concerning,
" •' concerning, ....

" " Foreign, Delinquent Agents of, relating to,

•• *' '♦ Returns by Agents of, relating to,

«• " Mutual, and Savings Banks, concerning Invest

ments of, .
" Company, American, to extend the Charter of,

" " Beverly, in addition to Act incorporating,

" " Bowdoin Mutual Fire, concerning,

" " " '• " additional to Act incorpo

rating, ....

'• " Cape Ann Mutual Marine, to incorporate,

" " Chauncy Fire and Marine, concerning, .

" " " " " Name of Quincy Fire

and Marine changed to,
'* " Dorchester Fire, to incorporate, .

Page

442, 460

105, 252

31

40

88

INDEX.

XXI

Insurance Company, Eliot Fire, relating to, .

" " Equitable Safety, to continue the Charter of,

" •• Globe Fire and Marine, to incorporate,

*• " Home Mutual Fire, to incorporate,

" " India Fire and Marine, to incorporate,

*' " Lynn Mutual Fire, concerning, .

" '• Middlesex Mutual Fire, concerning,

" '* New England Mutual Marine, to continue the

Charter of, ,
•' " Northampton Fire, to incorporate,

" " Oriental Fire and Marine, to incorporate,

" " Prescott Fire and Marine, Name of Chauncy Fire

and Marine, changed to,
" " Ciuincy Fire and Marine, to change Name of, to

Chauncy Fire and Marine,
" " Rollstone, to incorporate,

*' " South Danvers Mutual, concerning,

" " Springfield Fire and Marine, authorized to in

crease its Investment in Ileal Estate,
" " Springfield Fire and Marine, to increase the Capi-

tal Stock of, .
•' " Suffolk Fire, to incorporate,

'* *• Washington, to increase the Capital Stock of,

" " Webster, to incorporate, .

" " Winthrop Mutual Fire, to incorporate, .

Interest on temporary Loans to Commonwealth, to be paid semi
annually, .......

Intestates, Estates of. Descent and Distribution, in addition to Ac
relating to, .

Investments of Savings Banks and Mutual Insurance Companies, con
cerning, .......

Issues of Stock by Corporations, concerning.

Page 233

32

256

271

142

21

77

56
314
239

273

89

313

25

6

227
242
270
245
79

131

26

37
141

Jails and Houses of Correction, Control and management of, relating to,
" " " Discipline of, concerning,

" " " " to amend Act concerning,

<» relating to Returns from,- ......

" in Middlesex County, concerning, .....

•' removal of Officers of, using Intoxicating Liquors, providing for, .

Jamaica Plain Athenaeum, to change the Name of,

Jones, Edwin M., Ezra S., Ebenezer C, and others, set off with their
Estates, from the District of Marshpee to Town of Sandwich,

Judges of Probate and Insolvency, in relation to, . . .

Judgments, concerning Actions on, .....

Juries, concerning applications for, to assess Damages, .

Jurisdiction over certain Lands in Boston ceded to the United States for
a Court House, .......

410v

5Ss^
277-
30.

2S\

212
280
334
397

127

xxii INDEX.

Jurisdiction over certain Lands in Cohasset, ceded to the United States,

for a Light-keeper's House, &c., • Page 33
" " "on Point of Rocks in Westport, ceded to

the United States, ... 39

" Criminal, in Boston Harbor, relating to, . . . 97

" in Criminal Cases, relating to, ... . 632

" and limits of certain Counties established, . . . 640

'♦ in matters of Probate and of Insolvency, to change, . 67
Jury, Trial by, before Justices of the Peace, in certain Cases, to amend

Act providing for, ....... 55

Justices' Court of Suffolk County, extending Jurisdiction of, . . 338
Justices of the Peace, to try Criminal Cases, Governor to designate and

commission, . . . , . 101
" " commissioned to try Criminal Cases, designating

Title of, ..... 338

" " and Police Courts, concerning Complaints before, 19

" " " " relating to, . . . 34

" " Returns by, to amend Act of 1852, concerning, 126
" " Trial by Jury before, in certain Cases, to amend

Act providing for, .... 55

♦« Police, relating to Returns of, . . . . . 357

K.

Kansas, Resolves relative to the Admission of, . . . . 168

Kelp and other Sea- weed, defining the right to take, between high and

low-veater mark, ..... . . 409

Kettell, John B., and others, authorized to fill up Flats and build a Sea-
wall, 311

L.

Lake Cochituate, City of Boston authorized to raise the Dam at the out-
let, &c., . . . . . . . . 64, 333

Land Office, to abolish, ....... 63

" to revive, ....... 270

Lands in Boston, certain, Jurisdiction over, ceded to the United States, 127

" in Cohasset, certain. Jurisdiction over, ceded to the United States, S3

<' or Flats belonging to the Commonwealth, relating to conveyances

of, ........ 391

♦' Flowage of, in Concord, Sudbury, Wayland, Bedford and Car-
lisle, concerning, ...... 449

♦• Flowage of. Resolve for payment of Committee on, . . 655

" on Point of Rocks in Westport, certain, Jurisdiction over, ceded

to the United States, ...... 39

Lands, Public, in Maine, to enforce payment of Debts due the State on

account of Sales of, . . . 452

'♦ *• '« repealing in part Resolve chapter 52, 1859, con-

cerning, , . , , , 655

INDEX.

XXlll

Lands, Public, in Maine, Kesolve for compensation of Committee on,
Law, Criminal, to provide for the better Administration of,

" Library Associations, additional to Acts relating to,

«♦ " " Kesolve in favor of, .

from the Com-

Page 652
101
326
155

Laws, Books and Reports received by Cities and Towns

monwealth, for the preservation of, . . . . 81

" Special, providing for the publication of, . . . . 463

" Statute, concerning the Revision of, . . . . 436

Lawrence, James, and others, Resolve on Petition of, . . . 156
Legislature, Compensation of Members, Officers and Attendants of, to

regulate, ...... 4, 650

" Compensation and Mileage of Members, Appropriations for, 226, 630

" Elections of Representatives, in addition to Act concerning, 7
" Orders of either branch not to authorize expenditures of

more than $100 unless appropriation be made, . 130

" Travel of Members, concerning, .... 654

Liberties and Rights of the People of the Commonwealth, to amend Act

to protect, . . . . . . . . 151

Librarian, Assistant, to increase the Salary of, . . . . 250

•• " relating to salary of, . . . 650
Libraries, Public, authorizing Cities and Towns to establish, amendatory

Act, . . . . . . . . . 232

Library Association, Congregational, concerning, . . . 435

" " " confirming the Records and doings of, 454

" •• East Boston, additional to Act incorporating, . 292
" " Eliot, Name of the Jamaica Plain Athenaeum

changed to, .... . 7

•' Associations, Law, Resolve in favor of, • . . . 155

" " " additional to Acts relating to, . . 326

•' of the State Prison, in relation to, ... . 438

" of the State, Resolves relating to, ... . 155, 653

Liens of Mechanics and others, to amend chap. 431 of Acts of 1855,

relating to, ....... . 40

Lieutenant-Governor and Members of the Executive Council, to estab-
lish the Compensation of, ..... • 58

Limited Partnerships, relating to, . . . . . 106

Linden Grove Cemetery Association, to incorporate, ... 90
Linen Company, American, to amend the Charter of, . . . 246
Liquor Commission, Committee on, Resolve for payment of expenses of, 656
Liquors, certain, Darius A. Martin authorized to deliver to Agent, &c., 161
" concerning Purchase and Sale of, for Town Agents, . . 145
«• Manufacture and Sale of, relating to Attorney's Fee in prose-
cutions under Act of 1855, ...... 357

Literary Association, Mishawum, to incorporate, ... 79
Little Harbor Meadow, in Truro, Samuel Dyer and others to build a

Dike across, ........ 268

Loan and Fund Associations, additional to Act authorizing the business

of, 408

XXIV

INDEX.

Loans to Commonwealth, temporary, Interest to be paid semi-annually,

Lost Coupons, certain, Resolve authorizing payment of,

Lowell Institution for Savings, relating to, .

Luce, Francis N., Resolve in favor, ....

" W. H., Resolve in favor, .....

Lumber District, authorizing the establishment of, and appointment of a

Surveyor- General, and Act in addition thereto,

" Ornamental Wood and Ship Timber, concerning Survey of,

Lunatic Hospital at Northampton, State, in aid of,

" " " " concerning purchase of Books

and Engravings for, ....

" Hospitals, State, concerning, ....
" •' " relating to persons committed to, not havin

known settlement in the State,
Lunatics, concerning Commitment of, to Hospitals,
Lynn and Boston Railroad Company, to incorporate,

•' City of, additional to Act establishing,
Lynn Mutual Fire Insurance Company, concerning.

Page 131
155
233

462
165, 446

392,629
135
460

441
16, 277

133

61

358

370

21

M.

Maine, Claim of, relating to the payment, .... 422, 426

" Lands, Committee on. Resolve for compensation of, . . 652
" Sales of Public Lands in, Resolves to enforce payment of debts

due the State on account of, and partial repeal of the same, 452, 655

Maiden Bridge made free, &c., ...... 273

Mann, Horace, relating to Statue of, . . . . . 649

Manufacturing Company, Chicopee, authorized to change the par value

of its shares, and issue new, . . 248

" " Pemberton, to incorporate, ... 38

" Establishments, employment of Children in, concerning, 61

Map, State, concerning, . . . . . . . 461

Marchant, Barnard C, Resolve in favor of, . . . . 162

Marine Railways of D. O. Parkhurst and John H. Gale, to extend, . 280

Mariners and Ship-owners, to protect from Imposition, additional Act, . 401

Marion and Wareham, Resolves in relation to Town Lines between, . 156, 238

Market, Faneuil Hall, concerning, ..... 3S9

Marlborough Branch Railroad, concerning, .... 134

Marshpee, District of, certain persons set off from, to Town of Sandwich, 312

" " Resolve in favor, ..... 469

" " relating to Pickerel and Perch Fishery in, . 71

" Indians, relating to School Books for, . . . 441

" " Resolve in favor, ..... 163, 458

" •' respecting certain appropriations for, . 469

** River, Trout Fishery in, relating to, . > . . 276

Martha's Vineyard, Agricultural Society, to incorporate, . . 235

Martin, Darius A., Resolves on Petition of, . . . . 161

Masons, Grand Lodge of, to incorporate, ..... 254

INDEX.

XXV

Massachusetts Charitable Eye and Ear Infirmary, in aid of, . Page 167, 436

Massachusetts Claim upon the Federal Government, relating to, . 436
'« " upon the Federal Government, providing for the

payment of the Prosecuting Agent, . . 444
" Claims, authorizing appointment of Agent to prosecute, . 435, 469
•' General Hospital, and others, to fill up Flats and build a

Sea-wall, ...... 311

" Medical Society, in relation to, . . . . 267

" and Rhode Island, concerning the adoption of a Conven-
tional Line between, ..... 459

" School for Idiotic and Feeble-minded Youth, for com-
pleting a building for, . . . . 447

•* School for Idiotic and Feeble-minded Youth, Pesolves in

favor, ....... 167, 440

** Teachers' Association, in aid of, . . . . 437

" Universalist Convention, to incorporate, . . . 251
Master, Wardens and Members of the Grand Lodge of Masons in Mas-
sachusetts, to incorporate, ...... 254

Mattoon, Charles, Resolve on Petition of, ... • 448
McGee, James, Executive Warrant in the case of. Resolve for paying the

expense of serving, ....... 463

McGrath, John, Resolves in favor of, . . . . . 157, 447

Measurement of Charcoal, additional to Act regulating, . . . 412

" of Fruit and Vegetables, concerning, ... 63

Measures used in the Sale of Milk, to provide for sealing, . . 364

Mechanical Bakery Company, Boston, to incorporate, . . . 305

Mechanics' Institute, Roxbury, to. incorporate, .... 234

Mechanics, Liens of, to amend chapter 431 of Acts of 1855, relating to, 40

Medfcrd and Charlestown Railroad Company, concerning, . . 407

Medical Association, Thurber, to incorporate, .... 228

" Society, Massachusetts, in relation to, . . . . 267

Meeting-House, Union, in Worcester, legalizing proceedings and Records

of the Proprietors, . . . . . . . 297

Menhaden, regulating the Seining of, in the Rivers of the Common-
wealth, ........ 39

Messages, Special, ...... 185, 559, 659

Messenger in the Secretary's Office, establishing Salary of, . . 422
Messengers, Doorkeepers and Pages, appropriations for compensation of, 631, 643
<< «< " Resolve for payment of, . . 652, 656
Methodist Episcopal Church, Newton Street, to change the name to Trus-
tees Eighth Society, . . . . . • 63 1

Metropolitan Railroad Company, concerning, .... 226

Middle District, Salary of District- Attorney estabUshed, . . 86
Middleborough and Taunton Railroad Company, the Old Colony and

Fall River, and the Cape Cod, concerning, .... 143

Middlesex Canal, concerning, . . . . . . 448

'< Company, concerning, . . • . . 281

« ' County, Court of Insolvency for, fixing the Salary of Register, 9 7

XXVI

INDEX.

Middlesex County, Jails in, concerning, ....

" Mutual Fire Insurance Company, concerning,

«' Railroad Company, concerning,

Midland Railroad Company, to incorporate,

'< " extending time for construction of a portion of,

Mileage and Compensation of Members of the Legislature, Appropria
tions for, ......

" of Members of the Council, concerning,

" of Public Officers, concerning, ....

Milford and Holliston, altering Boundary Line between,

" and Woonsocket Railroad, extending the time for locating and
constructing, &c., ......

Military Accounts, relating to, .

" Bounties, authorizing transfer of certain appropriations to

account of, .
" Bounty to Company D, Sixth Regiment, Third Brigade, Second

Division, Volunteer Militia,
" Companies, certain. Resolve for payment of expenses of trans

portation to State Encampment,
" Stores, certain, relative to the surrender to the United States,
Militia, concerning, .....

Milk, Adulterated, concei-ning Sale of, and the Sealing of Measures,
Millbury and Southbridge Railroad Company, concerning.
Mills, Indian Orchard, to incorporate, ....

" Pacific, to increase the Capital Stock of, .

•' Ward, to incorporate, .....

" Washington, to incorporate, ....

Minors, Taxation of, concerning, .....

Mishawum Literary Association, to incorporate, .

Money belonging to Estates of Insolvent Debtors, concerning investment

or deposit of, .

" fraudulently withheld by Attorneys at Law, relating to collection

of,

" Treasurer to borrow, in anticipation of the Revenue,
Moneys due from the United States, Treasurer to receive.
Monthly Bank Returns, Form of, amended.
Moral Reform Society, New England, Resolve in aid of,
Mortgages of Personal Property, concerning,

«' •» << Evidence of Foreclosure, to perpetuate,

Mount Auburn Cemetery, additional to Act incorporating Proprietors,
Murder, relating to the Crime of, . . .

Museum of Comparative Zoology, to incorporate the Trustees of,

«< «« << granting aid to, out of Proceeds of

Sales of Back Bay Lands,
" of Natural History, Warren, to incorporate, .
Mutual Fire Insurance Companies, to amend Act of 1856, concerning,
'< •« <» Company, Lynn, concerning,

«' " " " Middlesex, concerning,

Page 28
77

363
42

231

226,630
226
389
312

250
396

657

456

661

469

140

364

18

223

81

91

89

416

79

289

323

159, 435

238, 319

372

467

409

6

354

126

366

314
22

124
21
77

INDEX. xxvii

Mutual Fire Insurance Company, South Danvers, concerning, . . Page 26
" " '♦ " Winthrop, to incorporate, . . 79
" Insurance Companies and Savings Banks, concerning Invest-
ments of, ...... , 37

" Insurance Company, Bowdoin, concerning, ... 78

" Marine Insurance Company, Cape Ann, to incorporate, . 65
" " " " New England, to continue the

Charter of, ...... . 66

" Redemption, Bank of, to amend Act incorporating, . . 274

Mystic River Corporation, additional to Act relating to, . . 230
" ' " Railroad, to reduce the Capital Stock of, and extend the

time to locate and construct, . . . . . 224

N.

Names, Change of, ...... . 193, 699

Nantucket, County of, relating to Probate Court in, . . . 320

" Fisheries in vicinity of, in further addition to Act regu-

lating, ........ 72

Nantucket and Franklin Counties, Registers of Probate and of Insol-
vency in 1858, relating to Salaries of, .... 442, 460

Natick Five Cents Savings Bank, to incorporate, . . . 331

Natural History, Warren Museum of, to incorporate.
Naturalization, to amend chap. 47 of the Acts of 1856, respecting,
Nautical Branch of the State Reform School, establishing,

" " " " authorizing purchase

vessel for,
*' " " " relating to.

Nelson, Albert H., late Chief Justice of the Superior Court, Resolve in

favor of, . . . . . . . . 162

New Bedford, Police Court of. in addition to the several Acts relating to, 80

" " Women's Reform and Relief Association, to incorporate, 40S

•• " Wooden Buildings in, for the regulation of, . . 639

New England Moral Reform Society, Resolve in aid of, , . 467

New England Mutual Marine Insurance Company, to continue the

Charter of, . . . . . . 56

•• Pipe Works, to incorporate, .... 65

New North Religious Society, Resolve on Petition of, . . . 156

New Plj'mouth Records. Resolves in relation to, . . . 168

" " " Resolves relative to the Distribution of, . 159

New Salem, Town of, Treasurer to furnish, with standard Weights,

Measures and Balances, ...... 463

New York and Boston Railroad, extending time for locating and con-
structing, . . . . . . . . 18, 244

New York and Boston Railroad, Milford and Woonsocket Railroad

Company authorized to lease, ..... 250

Newbury, Assessment of Taxes in the Town of, relating to, . . 78

" Fishery in, additional to Act regulating, . . . 246

XXVlll

INDEX.

Newburyport, City of, to amend Act establishing,

" Institution for Savings in, and its Vicinity, relating to,

" Society for the Relief of Aged Females, to amend Act

incorporating, ......

Newspaper Association, Traveller, to incorporate,
Newton Street Methodist Episcopal Church, name of, changed,
Noble, Joseph, and others, authorized to fill up Flats and build a Sea
wall, ........

North Bank, to increase the Capital Stock of,

" Baptist Society, in Dorchester, to confirm the organization and
proceedings of, ... .

" Brookfield, Town of. Resolve in favor,
Northampton Fire Insurance Company, to incorporate, .

" Hospital for Insane at, making final Appropriations for,

Northern, Eastern and Southern Districts, Salaries of Attorneys, to fix,
Norwich and Worcester and the Troy and Greenfield Railroad Compa

nies, respecting the Sinking Funds of, .

Notes, Certificates and Bank Bills, to prevent the use of Blanks for
Counterfeiting, .....

" payable on demand, concerning, ....

132
16

224

67

631

311
325

267
455
314
104
87

253

53
55

o.

Oakes, William H. and Gustavus E. Haynes, Resolve in favor.
Officers and Attendants of the Legislature, for Compensation of,

" attending on the Supreme Judicial Court in Suffolk County
concerning, ......

" of Corporations, Frauds in, additional to an Act to punish,
'< of the Protestant Episcopal Church, concerning,
" Public, concerning Mileage of, .
" " to pay over Money to County Treasurers, District-

Attorneys to proceed against, in case of neglect, .
" in the several Departments to report disbursements of Money
to Auditor, ......

•' in the State Prison, relating to, .
Old Colony Bank, in Plymouth, to extend the time to pay in the increase
of Capital, .....

•• " Cordage Company, to incorporate, .
" " and Fall River Railroad Company, the Middleborough and
Taunton, and the Cape Cod, concerning.
Old South Church in Boston, to change the Name of, .
Operatives, Preferred Claims of, against Insolvent Debtors and Corpo
rations, concerning, ......

Oriental Fire and Marine Insurance Company, to incorporate, .
Ornamental Wood, Lumber and Ship Timber, concerning the Survey of,
Orphan Asylum, Saint Vincent's, in addition to Act incorporating,
" and Destitute Children, Church Home for, to incorporate,
Overseers of the Poor of the City of Lynn, relating to, .

439

4,650

81

86

86

389

389

388
406-

63
246

143
269

87

239

136

42

28

370

INDEX.

XXIX

Overseers of the Poor of the City of Salem, relating to Board of, . Page 332

" " University at Cambridge, additional to Act changing

the organization of the Board, ..... 369

Pacific Mills, to increase the Capital Stock of, .

" Print Works, to incorporate, ....

Pages, Messengers and Door-keepers, appropriation for compensation of,

" " " Resolve for payment of,

Papers, Certain, in the Secretary's Office, concerning Preservation of,
Parkhurst, D. O., to extend Marine Railways, .
Parkmau, Eliza A., Harriette E., Geo. P., and others, authorized to fill
up Flats and build a Sea-wall, ....

Parrott, William P., and others, to extend Wharf,

Parsons, Theophilus, and others. Trustees, Resolve on Petition of,

•• William, 2d, and others, authorized to extend their Wharf,
Partition of Real Estate, concerning, ....

Partnerships, Limited, relating to, . . . .

Passengers, to secure the Safety of, at Railroad Crossings, amendatory
Act, ........

Paupers, Deceased, relating to Estates of, . . .

'• State, Appropriation for Transportation of,
" " concerning, .....

" " relating to Transportation of, .

Pawners' Bank, to incorporate, .....

Pearce's Wharf, in Gloucester, to extend,

Peraberton Manufacturing Company, to incorporate.

Perch and Pickerel Fishery in the District of Marshpee, relating to,

" Personal Liberty Act " amended, ....

Personal Property, Foreclosure of Mortgages of, to perpetuate Evi
dence of, ... .

" " Mortgages of, concerning, ...

Pickled and Smoked Fish, relating to Return of,
y Pickerel and Perch Fishery in the District of Marshpee, relating to,
Pine Street Congregational Society authorized to sell certain Real Estate
Pipe Works, New England, to incorporate,
Pittsfield, Police Court in, concerning, ....

Plats and Plans of Land Grants on file in Secretary's Office, concerning
preservation of, ..... .

Plymouth Records, Resolves in relation to, .

" '« " relative to the Distribution of.

Point of Rocks in Westport, Jurisdiction over certain Lands on, ceded
to the United States, .....

Police Court in Chicopee, additional to Act establishing,

" '• in Gloucester, to establish, ....

•' " in New Bedford, in addition to the several Acts in relation to

•* " in Pittsfield, concerning, ....

'* " in Taunton, to establish, ....

81

107

631, 643

652, 655

455

280

311
227
462
245
100
106

237

21

247

416

436

326

227

38

71

151

6
409
275

71
125

65
301

455
168
159

39
324

98

80
301

62

XXX

INDEX.

Police Courts and Justices of the Peace, relating to, .

" " Justices of, and of the Peace, concerning Complaints before,

" " relating to, .

" Justices, relating to Returns of, .
Poll Taxes, relating to, .

Potter, Henry A., and others, to maintain and extend their Wharf,
Preacher of Election Sermon, Compensation of, established.
Precepts in Criminal Cases, concerning Returns of, by Officers,
Preferred Claims of Operatives against Insolvent Debtors and Corpora
tions, concerning, .... . .

Prentiss, Addison, Resolve in favor of, .

Prescott Fire and Marine Insurance Company, concerning Name of,
President and Fellows of Harvard College authorized to resign their
trusts concerning Theological Education and the Maintenance of a
Theological School, ......

Print Works, Pacific, to incorporate, ....

Printing of the Public Series of Documents, relating to,
Prison, New, in Worcester County, concerning,

" State, Diet, Clothing and Bedding of Convicts, relating to,
" " Inclo&ure of, providing for the enlargement,

" " Library of, relating to, .

" " Officers in, relating to, .

" " Persons sentenced to, concerning,

" " relating to Insane Convicts in,

" " in relation to, .

" " Repairs upon, relating to, ...

" " Reports of Warden and Inspectors, relating to, .

Prisons, relating to the Government of, .
Prisoners in the Public Institutions of the City of Boston, concerning
the removal of, ..... .

Probate Court in Nantucket County, relating to,

" Courts in Dukes County, additional to Acts concerning.
Probate and Insolvency, to change the Jurisdiction in matters of,
" " " Judges of, in relation to,

" " " Register for Dukes County, relating to Salary of,

" Registers of, and of Insolvency, for Nantucket and Franklin
Counties in 1858, relating to Salaries of, .
Promissory Notes payable on demand, concerning,
Proof in Criminal Cases, relating to, .
Property, Certain, held by the State under Mortgage from Normand and

Phebe B. Stiles, relating to, .
Property of Insolvent Debtors, relating to Sale of, .

" Personal, to perpetuate the Evidence of Foreclosure of Mort-
gages of, . . .■ .
" of Widows and Unmarried Females, relating to exemption of,
from Taxation, .... . .

Proprietors of the Boston Theatre, to incorporate,

" of the Church of the Paternity, in Boston, to incorporate, .

Page 34
19
401
357
319
19
456
399

87
468
273

162

107

231

415-

275

439

438

406

409

416

466

436

316

134

85
320
247

67
280
330

442, 460

65

320

447, 653
56

33
69

268

INDEX. xxxi

Proprietors of Grace Church, in Salem, to incorporate, . . . Page 266

of the Hadley Falls, to incorporate, .... 60

of Mount Auburn Cemetery, additional to Act incorporating, 354
of St. Andrews' Church, in Chelsea, to incorporate, . 268
of the Union Meeting-house, in Worcester, legalizing pro-
ceedings and Records of, .... 297

Protestant Episcopal Church, concerning the Officers of, . . 86
Provisions and Produce, relating to Sale of, at stands around Faneuil

Hall Market, . . . . . , . 369

Proxies, concerning, ....... 68

Public Amusements, in addition to Act concerning, . . . 125
" Charitable Institutions, Resolves for the appointment of a Special

Joint Committee on, .... 163

•' " and Reformatory Institutions of the Commonwealth,

concerning, ..... 330

" Diversions, relating to, . . . . . . 124

" Garden in Boston, and the Back Bay, relating to, . . 367
" Institutions of the City of Boston, concerning the removal of

Prisoners in, . . . . . . , 86

" Lands in Maine, Sales of, to enforce payment of Debts due the

State on account of, . . . 452

" " " partial repeal of Resolve respecting, . . 656

" " " Resolve for compensation of Committee on, . 652
" Libraries, amending Act authorizing Cities and Towns to

establish, . . . . . . . 232

" Officers, concerning Mileage of, . . . . . 389

" " to pay over Money to County Treasurers, District- Attor-
neys to proceed against, in case of neglect, . . 389
" " in the several Departments, to report disbursements of

Money to Auditor, ..... 388

" Reports and Documents, in addition to Act relating to, . . 34

" Schools, concerning the Branches to be taught in, . . 6

*• " selection and employment of Teachers in, concerning, . 248

" Series of Documents, relating to the Printing of, . 231

Publication and Distribution of the General Statutes, relative to, 656, 657, 658

Punkapog Indians, Resolve in favor of Guardian, . . . 454, 456

Purchase and Sale of Spirituous and Intoxicating Liquors for Town

Agents, concerning, ....... 146

Q.

Quincy Fire and Marine Insurance Company, to change the Name to

Chauncy Fire and Marine, . . . . . . 39

XXXll

INDEX.

R.

Railroad Corporation, Agricultural Branch, extending time for construe

tion of road, ....
" *• Amherst and Belchertown, concerning, .

" " Boston, Barre, and Gardner, concerning, .

" '* Boston and Maine, in relation to,

" " Boston and New York Central, concerning,

" " Boston and Worcester, construction of road by<

changing location and extending time,
" •' Broadway, concerning,

" " Brookline, concerning,

•' " Cape Cod, Middleborough and Taunton, and the

Old Colony and Fall River, concerning,
" •' Chelsea Beach, to incorporate,

" " Cheshire, concerning,

•« " Cliftondale, to incorporate,

«• " Dorchester and Roxbury, extending time for

locating and constructing road,
" " Eastern, to confirm the transfer of Franchise of

the Saugus Branch Railroad Company to,
«' •' Hampshire and Hampden, concerning,

•' " Lynn and Boston, to incorporate, .

•< " Marlborough Branch, concerning,

" «« Medford and Charlestown, concerning,

*' " Metropolitan, concerning,

" «» Middleborough and Taunton, Old Colony and

Fall River, and the Cape Cod, concerning,
«• " Middlesex, concerning,

" '• Midland, extending time for construction of a

portion of the road, .
" ♦' Midland, to incorporate, .

" •< Milford and Woonsocket, extending time for loca

tion and construction of road, &c,,
«' •' Millbury and Southbridge, concerning, .

« " Mystic River, to reduce the Capital Stock and

extend the time to locate and construct road,
" •' New York and Boston, extending time for loca-

tion and construction of road,
«• " New York and Boston, Milford and Woonsocket

Railroad Company authorized to leaseroadof,
•« " Old Colony and Fall River, Middleborough and

Taunton, and the Cape Cod, concerning,
" " Saugus, transfer of Franchise to Eastern Railroad

Company confirmed, ....
" " Southbridge and Blackstone, extending time for

construction of road, by Boston and New

York Central Railroad Company,

Page 227

66

272

281

16

223

17

235

143

22

265

306

331

18
406
358
134
407
226

143
363

231
42

250
18

224

18, 244

250

143

18

16

INDEX.

XXXUl

Railroad Corporation, Springfield and Farmington Valley, extending
time for location and construction of Road,
" '* Stoneham Branch, to incorporate,

" ■ " Suffolk, extending time for payment of Capital

Stock, .....

*• ** Troy and Greenfield, Loan of State Credit to

construct the Hoosac Tunnel, additional to
Act authorizing, ....
" " Troy and Greenfield, and the Norwich and Wor-

cester, concerning Sinking Funds of,
" ** Western, additional to Act authorizing the issu-

ing of Bonds, ....

" " West Roxbury, in addition to Act incorporating,

" Corporations, Annual Reports, relating to the Distribution of,
" " Annual Returns of, relating to, .

" " Concerning votes of Stockholders, by Proxies,

" Crossings, Horse and Steam, relating to,
" " in relation to, ... .

" " to secure safety of Passengers at, amendatory Act

" Facilities for filling Back Bay, Resolves regarding.
Railroads, in addition to Act regulating the use of, .

♦• connecting, concerning delivery of Freight to.
Railway Company, Granite, to hold a meeting for choice of Officers,

" Dorchester Extension, to incorporate, .
Railways, Marine, of D. O. Parkhurst and J. H. Gale, to extend,
Rainsford Island Hospital, repeal of Act authorizing sentence of certain

persons to, . . .

" " " respecting accounts of,

" " '• Resolve concerning, .

" " " and the State Almshouses, appropriations for

expenses of, .

Reading and Stoneham Gas Light Company, to incorporate,
Real Actions, concerning, .....

" Estate, Partition of, concerning, ....
«' " relating to Attachments of, .
Records of Courts of Insolvency, concerning,

" New Plymouth, Resolves in relation to,

" " " Resolves relative to the Distribution of,

Reed, Samuel H., Resolve in favor of, .

Reform School for Boys, State, in addition to Act establishing, .
" " " State, concerning,

" " " State, establishing the Nautical Branch of,

" " " State, and Nautical Branch of, relating to,

" " " State, Nautical Branch' of, authorizing the pur

chase of a Vessel for,
" " " State, providing for the erection of certain

buildings on,

" " " State, and State Industrial School, in favor of

deserving Pupils of,

Page 230

421

224

283
263

338

28

7

417

68
293
292
237
165
8
366
160
239
280

294
388
162

237

243

237

100

333
26

168

159

441
21s^
r325, 647n.^

636h^
,637, 650

648

65ft

45

\

XXXIV

INDEX.

Reformatory and Charitable Institutions of the Commonwealth, Public,

concerning, . . . . . . . . Page SSO-..,.,^^

Register of Probate and Insolvency for Dukes County, relating to Sal-
ary of, ........ 330

Registers of Court of Insolvency for the Counties of Middlesex and

Worcester, fixing the Salaries of, . . . . 97

" of Probate and Registers of Insolvency for Nantucket and

Franklin Counties in 1858, relating to Salaries of, . 442, 460

Religious Society, New North, Resolve on Petition of, . . . 156

Remedy for Creditors, Further, to amend Act of 1851, providing, • . 26

Removal of Actions, relating to, . . . . . . 320

" of Prisoners in the Pubhc Institutions of the City of Boston,

concerning, ....... 85

Rents, Payment of, to secure, . . . . • . . 294

Repairs on the State House, certain, relating to, . . . . 447

Report of the Auditor, Annual, what to embrace, . . . 128
" on the Insects of New England injurious to Vegetation, Resolves

for reprinting, . . . , . . 466
" Professor Hitchcock's Geological, Resolve in relation to, . . 163
Reporters' Seats in the House of Representatives, relating to, . . 458
Reports, Annual, of Railroad Corporations, relating to the Distribution of, 7
" Books and Laws, received by Cities and Towns from the Com-
monwealth, for the preservation of, . . . . 81

•' of Decisions of Supreme Judicial Court, respecting purchase

and distribution of, . . . . . . 418, 641

*' and Documents, Public, in addition to Act relating to, . . 34

«' School, relating to, ..... . 247

** of the Warden and Inspectors of the State Prison, relating to, 316
Representatives, concerning Elections of, .... 7, 290

Representatives' Hall, Appropriation for warming and ventilating, . 657

" " to secure the better ventilation of, . . 449

Returns by Agents of Foreign Insurance Companies, relating to, . 37

" Bank, certain additional, required, . . . . 86

" of Banks, Monthly, to amend the Form of, . . . 372

•' of Corporations to Assessors, concerning, . . . 396

•' of Elections, relating to, . . . . . . 233

" of Insurance Companies, amending Form of, . . . 310

" of Jails and Houses of Correction, relating to, . . . 301

" by Justices of the Peace, to amend Act of 1852, concerning, . 126

" by Officers, of Precepts in Criminal Cases, concerning, . . 399

" of Pickled and Smoked Fish, relating to, . . . 275

" of Police Justices, relating to, . . . . • 357

" of Railroad Corporations, relating to, . . . . 417

•' School, Schools and Committees, relating to, . . . 404
Revenue, Treasurer to borrow Money in anticipation of, . . 159, 435

Revision of the Statutes, Committee on, . . . . . 625

" " " Committee on, Appropriation for compensa-
tion of, ..... 643

** ♦' " Committee on, and officers, Resolve for pay-

ment of, . . . . .65 652

INDEX.

XXXV

Revision of the Statutes Commissioners on, relating to, .

'♦ '* '< Commissioners on. Resolve for payment of,

" " •* concerning, ....

" " •' expenses of, authorizing the issue of scrip for

payment of, .
Rhode Island and Massachusetts, Equity Proceedings between, concern
ing, ........

Rhodes, John, Resolve on Petition of, .

Riggs, Fitz E., and Nathaniel, authorized to extend their Wharf,
Rights and Liberties of the People of the Commonwealth, to amend Act
to protect, ....

" of Stockholders in Corporations, to protect,
Robinson, James T,, providing for the pay of,
Rogers Book Fund, appropriation of income,
Rollins, T. F., Resolve in favor, .
Rollstone Insurance Company, to incorporate,
Rowland, L. P., Resolve in favor,
Roxbury Canal, relating to,

'* Mechanics' Institute, to incorporate,
Rumford Institute, in Waltham, to incorporate,
Russell, James, Resolve for compensation of,

" John J., to confirm certain acts done as Justice of the Peace,
Rutter, Josiah, Trustee, Resolve on Petition of, .

Page 468

652

170, 436

642

459
166
245

151
106

461, 646
356
448
313
459
255
234

38

462, 654
280
450

s.

Saint Andrew's Church, in Chelsea, to incorporate Proprietors of,
" Vincent's Orphan Asylum, in addition to Act incorporating.
Salary of the Adjutant- General defined, ....

" of Assistant- Librarian and Clerk of the Secretary of the Board

of Education, to increase, ....
" of Bank Commissioners, to establish,
'• of Clerk in Adjutant- General's Office, to establish,
'« of Clerks in the several Departments, respecting,
'« of County Commissioners, fixing,
" of County Treasurers established,
" of District- Attorney for Middle District established,
" of District- Attorneys for the Northern, Eastern and Southern

Districts, to fix, .....

'* of District- Attorneys, fixing, ....

" of Messenger in the Secretary's Office, to establish,
" of the Register of Probate and Insolvency for Dukes County

relating to, .
" of Registers of the Court of Insolvency for the Counties of

Middlesex and Worcester, fixing,
" of Registers of Probate and of Insolvency in 1858, for Nantucket

and Franklin Counties, concerning, .
•' of Second Clerk in the Secretary's Office, to establish, .
" of Secretary of the Board of Agriculture, Resolve establishing

268

42

127

250, 650
311
322
388
321
414
85

87
371
422

330

97

442, 460

296

449, 650

XXXVl

INDEX.

Salary of Sheriffs fixed, ......

" of the Superintendent of Alien Passengers, defining,
" of Watchmen of the State House, to establish, .
Sale of Property of Insolvent Debtors, relating to,
" of Spirituous and Intoxicating Liquors, for Town Agents, con
cerning, ......

Salem Bank, to reduce the Capital Stock of, .
" City of, in addition to Act estabhsliing, .
" " additional to Act establishing,

Sandwich, certain persons set off to, from the District of Marshpee,
Sargent, Ignatius, Guardian, authorized to sell certain Land of his
Ward, ......

Saugus Branch Railroad Company, to confirm the transfer of Franchise
to the Eastern Railroad Company, ....

Savings Bank, Natick Five Cents, to incorporate,
•' Banks, relating to Dividends by,
«' Banks and Mutual Insurance Companies, concerning Invest

meiits of, .
" Institution for, in Newburyport and its Vicinity, relating to,
" " Lowell, relating to, .

•' " Warren, to hold additional Real Estate,

•• " Worcester County, fixing the time of the Annual

Meeting of, .

School, Attendance of Children at, additional to the several Acts con
cerning, ......

" Attendance of Children at, in adjoining Towns, concerning,

«' Books and changes in the same, relating to,

" " for the Marshpee Indians, relating to, .

" Committee of Fall River, concerning, ...

" Committees, Election of, additional to Act providing for,

" Committees, establishing Pay of Members,

" District System, to abolish, ....

" Districts, concerning, .....

»• Fund, to increase, out of proceeds of the Sales of Back Bay
Lands, ....

" '* making Appropriations from the income of,

♦' for Idiotic and Feeble-Minded Youth, Massachusetts, relative to

completing a Building for, . . .

•• for Idiotic and Feeble-Minded Youth, Massachusetts, Resolve
in favor, ......

" Reports, relating to, .... .

" State Industrial, for Girls, additional to Act establishing,

•* " " concerning the erection of an additional Build

ing for,
" " •' concerning,

♦• '• " Resolve in relation to, .

*• State Reform, for Boys, in addition to Act establishing,
" " '• " " concerning,

Page 416

96

329

-56

145
232
93
332
312

57

18
331
337

37

16
233
339

304

337
269
271
441
324

266, 418
275
413

107, 300

314
354

447

157, 440
247
371

441

84

162

21

325, 647

INDEX.

xxxvn

School, State Reform, for Boys, Nautical Branch of, establishing, . Page 636

" " " " •« " " authorizing purchase

of Tessel for, . 648
'« " " " " «' " relating to, . . 637, 650
•• »' '« <« '« providing for erection of certain build-
ings for, . . . . 653

" •* " and State Industrial, deserving pupils of. Resolve

in favor, ..... 456

•« Theological, Theological Education, President and Fellows of
Harvard College authorized to resign their trusts, con-
cerning, ....... 152

Schools, Public, concerning the Branches to be taught in, . . 6

«* " concerning Selection and Employment of Teachers in, . 248

" relating to, ...... • 418

" School Committees and School Returns, relating to, . . 404

Scientific Survey of Boston Harbor, Resolves in relation to, . . 164
Scott versus Sandibrd — Decision of Supreme Court of United States in

case of. Resolves in relation to, . . . . . 170

Scrip, authorizing issue of, for payment of expenses of the Revision of

the Statutes, . . . . . . . 642

Scrip, certain cancelled, Resolve providing for the Destruction of, . 158
Sea- Wall, Massachusetts General Hospital and others, authorized to

build, 311

Sea- Weed and Kelp, to define the right to take, between high and low-
water mark, ........ 409

Second Clerk in Secretary's Office, Salary of, to establish, . . 296
Secretary of the Board of Agriculture, establishing Salary of, . . 449, 650
" " " of Education, to amend Act relating to the Office

of, ..... . 50

Secretary's Office, Second Clerk in, to establish the Salary of, . . 296

" " Messenger in, to estabUsh the Salary of, . . 422

Seining of Menhaden in the Rivers of the Commonwealth, regulating, . 39

Sentences to the State Prison, concerning, .... 409

Sergeant-at-Arms, House in Hancock Street, for payment of certain

expenses of sale, ..... 646

*» " Resolves providing for sale of house recently occu-
pied by, and granting additional allowance to, . 467, 468
•• " Resolve for payment of, for extra services, . . 655
Sewers and Drains in the City of Cambridge, concerning, . . 300
Shawmut Avenue Baptist Society, in Boston, to incorporate, . 640
Sheep, for the better preservation, from the ravages of Dogs, . . 102
Sheriflf of Suffolk County, Resolve in favor, for serA-ing Executive War-
rant, ......... 463

Sheriffs, relating to Compensation and Duties of, . . . 416

Ship-owners and Mariners, to protect from Imposition, additional Act, . 401

Ship Timber, Lumber and Ornamental Wood, concerning the Survey of, 135

Ships, Taxation of, relating to, . . . . . . 281

Shores and Flats belonging to the Comraonwealth, concerning, . . 469

XXXVlll

INDEX.

Sidewalks in the City of Charlestown, to regulate, . . . Page 322

Silsbee, Nathaniel, Trustee, and Mary Ann C. D., Resolve on Petition

of, ......... 455

Sinking Fund, Western Railroad, respecting, . . . .78, 131

Sinking Funds of the Troy and Greenfield and the Norwich and Wor-
cester Railroad Companies, respecting, .... 253

Smith, Benjamin, Resolve on Petition of, ... . 448

" Knight and Tappan, Resolve in favor, .... 468

Smoked and Pickled Fish, relating to a Return of, . . . 275

Societies, Agricultural, relating to, .... . 398

Society, First Congregational, in Leominster, in addition to Act incor-
porating, . . . . . . . 257

•' Highland Agricultural, to incorporate, . . . . 310

'* Martha's Vineyard Agricultural, to incorporate, . . 235

" Massachusetts Medical, in relation to, . . . . 267

'♦ New England Moral Reform, Resolve in aid of, . . 467

" New North Religious, Resolve on Petition of, . . . 156
" North Baptist, in Dorchester, to confirm the organization and

proceedings of, . . . . . . 267

" Old South, in Boston, Name changed from Old South Church, 269
" Pine Street Congregational, authorized to sell certain Real

Estate, ....... 125

" for Relief of Aged Females, Newburyport, to amend Act incor-
porating, ....... 224

" Shawmut Avenue Baptist, in Boston, to incorporate, . . 640

Somes, John, to extend his Wharf, ..... 64

South Boston, Banks in, to make Monthly Returns, . . . 139

" Danvers Mutual Insurance Company, concerning, . . 25
Southbridge and Blackstone Railroad, extending time for construction of, 16, 231

Southern, Northern and Eastern Districts, Salaries of Attorneys, to fix, 87

Special Administrators, additional to the several Acts concerning, . 305

" " relating to, .... . 89

" Joint Committee on Public Charitable Institutions, Resolves for

the appointment of, . . . . . . 163

" Laws, providing for publication of, ... . 463

'• Messages, ....... 185, 559, 659

Specie in the Commonwealth, to increase the amount of, . . 54

" '• " " " Amendatory Act, 139

Specific Performance of Written Contracts, relative to, . . . 236
Spirituous and Intoxicating Liquors, concerning Purchase and Sale of,

for Town Agents, ....... 145

Sprague, Charles, and others, Trustees, Resolve on Petition of, . 438
Springfield and Farmington Valley Railroad, extending time for location

and construction of, . . . . . . . 230

Springfield Fire and Marine Insurance Company, to increase the Capital

Stock of, ........ 227

Springfield Fire and Marine Insurance Company, to increase its Invest-
ment in Real Estate, .,,.,, 6

INDEX.

XXXIX

Staples, Artimun, Resolve in favor, . . . . .

State, certain Accounts against, to be vouched under oath,

State Almshouse at Monson, relating to preservation of, from fire,

State Almshouses, for the better protection, from Fire, ,

" Inmates of, to receive the ministrations of Clergymen

of their own religious faith,
" Superintendents may contract for the employment of

inmates, ......

" and Rainsford Island Hospital, appropriations for

expenses of, .... .

Board of Agriculture, Resolve in favor of, ...

Credit, Loan of, for construction of Hoosac Tunnel, additional Act,
Debts due to, on account of Sales of Public Lands in Maine, to

enforce Payment of, .
Encampment, transportation of certain Companies to. Resolve for
payment of expenses, .....

House, relating to certain repairs upon,

' ' Watchmen and Fireman, for the appointment of, .
" Watchmen of, to establish the Salary,
Industrial School for Girls, additional to Act establishing,

" " " concerning erection of an additional

Building for,
" " " concerning,

" " •' Resolve in relation to, .

Lands or Flats belonging to, relating to conveyances of, .
Library, Resolve relating to, ... ,

Lunatic Hospital at Northampton, in aid of,

" " " concerning purchase of Books

and Engravings for, ....

" Hospitals, concerning, ....

" " relating to, . .

" " relating to persons committed to, not having

known settlement in the State, ....

State Map, concerning, ......

State Paupers, concerning, .....

" •' Transportation of, appropriation for,

" " " relating to, .

State Prison, Diet, Clothing, and Bedding of Convicts, relating to,
Inclosiire of, providing for the enlargement,
Insane Convicts in, relating to, .
Library of, relating to, .
Officers in, relating to, .
Persons Sentenced to, concerning,
in relation to, .... .

removal of Officers using Intoxicating Liquors, providing
for, . . ....

Repairs in, relating to, .

Reports of Warden and Inspectors, relating to.

Page 458
389
647
458

161

142

237
158
283

452

651
447
131
329
37U

441

163.,
391
155, 653
450

xl

INDEX.

State, certain Property held by, under Mortgage from Normand and
Phebe B. Stiles, relating to, . . . . Page

<• Reform School for Boys, in addition to Act establishing, .

" " " " concerning, . * .

" " " " establishing the Nautical Branch of,

«• '♦ " " Nautical Branch of, authorizing purchase

of Vessel for,
'• " " " " " " relating to, .

•* *' *' " providing for erection of certain build-

ings for,

" " " and State Industrial School, deserving Pupils of,

Resolve in favor, ......

State, Shores and Flats belonging to, concerning,

St ate Tax, to apportion and assess, ....

Statue of Horace Mann, Resolve in relation to, .
Statue of Webster, authorizing the erection, within the State House
grounds, . . . . . '

" " inauguration of. Resolve for payment of certain

expenses, .....

Statute Laws, concerning the Revision of, . . .

" «< Commissioners for Revision of, relating to,

" " " *• " " Resolve for payment of,

" " Committee on Revision of, ...

*' " " " Appropriation for compensa-

tion of,

" " " " and Oihcers, Resolve for pay-

ment of, .
«« •< relative to appending a Glossary to,

♦* <« relative to publication and distribution of, . 656,

" " Revision of, authorizing issue of Scrip for payment of

expenses, .....

Steam Boilers, to regulate the use of, .

Steamship Company, Boston and Southern, to incorporate,

" " Union, to incorporate.

Stiles, Normand and Phebe B., relative to certain property held by the
State, under Mortgage from, ....

Stock, Issues of, by Corporations, concerning.
Stockholders in Corporations, to protect the Rights of, .
Stoneham Branch Pi,ailroad Company, to incorporate,
Stowell, Luther, Resolve in favor, ....

Strickland, Lemuel K., to confirm certain acts of, as Justice of the Peace,
Sudbury, Town of, concerning Flowage of Lands in,
Suffolk County, Justices' Court, extending Jurisdiction of,
" Fire Insurance Company, to incorporate,
•' Railroad Company, extending time for payment of Capital Stock,
Sunderland, Town of. Resolve on Petition of Selectmen,
Superintendent of Alien Passengers, defining the Salary of,
Superior Court, to establish, .....

447,

653

21

325,

647

636

648

637,

650

653

456

469

109, 372

649

465

654
170, 436
468
652
625

643

650, 652

656

657, 658

642
417
362
336

447, 653
141,276
106
421
650
630
449
338
242
224
465
96
339

INDEX.

xli

Superior Court and Supreme Judicial, relating to Terms of, . . Page 629

Supervisors of Adams Temple and School Fund, additional to Act

incorporating, ....... 244

Suppression of Counterfeiting Bank Bills and Coin, granting aid for, . 166
Supreme Court of the United States, Decision of, in case of Scott versus

Sandford, Resolves in relation to, . . . . 170

" Judicial Court, concerning, ..... 635

" " " in County of Suffolk, concerning Officers

attending on, . . . . 81

'* •' '* in the County of Worcester, concerning

terms of, . . . . . 629

" " " Reports, concerning purchase and distribution

of, ..... . 418, 641

" *« and Superior Courts, Justices of, . . . 606

" " " " " relating to terms of, , . 629

Survey of Boston Harbor, Scientific, Resolves in relation to, . . 164

" of Lumber, Ornamental Wood, and Ship Timber, concerning, . 135

Surveyor- General of Lumber, authorizing appointment of, . . 392

" " " '< " " additional act, 629

Surveys made in laying out Highways, providing for registration of, . 296

Taunton, Police Court in, to establish, ....

Tax, State, to apportion and assess, ....

Taxation, to equalize, ......

•• of Minors, concerning, ....

«« of the Property of Widows and Unmarried Females, relating
to exemption from, ....

" and Returns of Corporations to Assessors, concerning,
" of Ships, relating to, .
Taxes, Assessment and Collection of, relating to,

*< Assessment of, in the Town of Newbury, relating to,
«« Collectors of, concerning, ....

" for the several Counties, Resolve granting,
" Poll, relating to, .
Teachers' Association, Massachusetts, in aid of.
Teachers in Public Schools, concerning selection and employment of,
Telegraph Companies and Electric Telegraphing, additional to Act con
cerning, .......

Temple and School Fund, Adams, additional to Act incorporating
Supervisors of, ..... .

Terrapin, regulating the taking of, in the waters of the Commonwealth
Territorial limits of the State, declaring, ....

Tewksbury, William, Resolve in favor, ....

Theatre, Boston, Proprietors of, to incorporate, .
Theological Education and Maintenance of a Theological School, Presi-
dent and Fellows of Harvard College authorized to resign their
trusts concerning, .......

6

62

109, 372

288

416

33

396

281

61

78

325

167, 464

319

437

248

417

244

51

640

461

59

152

xlii

INDEX.

Thurber Medical Association, to incorporate, . . . . Page 228

Timber, Ship, Lumber and Ornamental Wood, concerning the Sur-
vey of, ...... .

Todd Normal School Fund, appropriation of income,
Town Agents, concerning Purchase and Sale of Spirituous Liquors for,
" of Belmont incorporated, .....

" Line between HoUiston and Milford, to alter,
" Lines between Marion and Wareham, establishing,
•' " " " " Resolves in relation to,

" River in Quincy, Samuel and Charles H. Edwards, to widen.
Towns and Cities, Books, Reports and Laws received by, from the Com
monwealth, for the preservation of,
" •' to establish Public Libraries, to amend Act authorizing,

Trade Marks, Infringement of, to prevent,
Transfer of the Franchise of the Saugus Branch RaUroad Company to

the Eastern Railroad Company, to confirm,
Transportation of State Paupers, appropriation for,

" K It relating to, .

Travel of Members of the Legislature, concerning,
Traveller Newspaper Association, to incorporate,

Treasurer authorized to furnish the Town of New Salem with standard
Weights and Measures,
" " to receive certain Moneys from the United States

Treasury, ....

" " to borrow Money in anticipation of the Revenue,

Treasurers, County, to notify District- Attorneys, upon neglect of Pubhc
Officers to pay over Money,
«« «« relating to, ....

Trees on Highways, for further protection of, .
Tremere, John B., and others, Trustees, Resolve on Petition of,
Tremont Improvement Company, additional to Act incorporating.
Trial by Jury before Justices of the Peace, in certain cases, to amend Act
providing for, ......

'* Justices, Governor to designate and commission, .

«' «< Title established, .....

Trout Fishery in Marshpee River, relating to, .

Troy and Greenfield and the Norwich and Worcester Railroad Com
panies, respecting Sinking Funds of, .
" and Greenfield Railroad Company, Loan of State Credit to con

struct the Hoosac Tunnel, additional Act,
•• Indians, respecting certain appropriations for,
" «♦ Resolve in favor of, ... .

Trust Funds, Certain, Appropriations from income of, .
Trustee process, relating to attachment of Dividend in hands of As
signee, .......

Trustees of the Museum of Comparative Zoology, to incorporate,
" of the Newton Street Meth. Epis. Church, name changed,
" of State Lunatic Hospitals, relating to Annual Meetings of.

135
356
145
277
312
238
156
233

81
232
400

18
247
436
654

67

463

238, 319
159, 435

389
414
417
438
244

65
101
338
276

253

283

469

163

72, 354

31
365
631

16

INDEX. xliii

Tufts College, granting aid to, out of proceeds of Sales of Back Bay

I^an<is, ........ Page 314

Turnpike, Cambridge and Watertown, part of, established as a Highway, 317
" " " '• Town of Brighton to pay certain

persons for tending Draw Bridges, . . . . . 371

Turnpike Corporation, Brush Hill, in addition to Act concerning, . 252

u.

Union Meeting-house in Worcester, legalizing proceedings and Records

of the Proprietors, ...... 297

'• Steamship Company, to incorporate, . . . . 336

United States, Massachusetts Claim upon, authorizing appointment of

Agent to prosecute, . 435, 469
" " " " " providing for payment of

Prosecuting Agent, . 444

" " " " " relating to, . . . 435

" " Jurisdiction over certain Lands in Boston ceded to, for a

Court House, . . . . . 127

" " Jurisdiction over certain Lands in Cohasset ceded to, for

Light-keeper's house, &c., .... 33

«• «< Jurisdiction over certain Lands on Point of Rocks in

Westport, ceded to, . . . . . 39

" " Supreme Court of. Resolves in relation to decision of, in

case of Scott versus Sandford, . . . 170

" " surrender of certain Military Stores to, concerning, . 459

*' " Treasury, Treasurer to receive certain Moneys from, . 2S8, 319

Universalist Convention, Massachusetts, to incorporate, . . . 251

University at Cambridge, Board of Overseers, additional to Act changing

the Organization of, . . . . . . . 369

Unmarried Females and Widows, Exemption of the Prop' rty of from

Taxation, relating to, ..... . 33

V.

Veazie, William F., Claim of, Auditor to hear and examine, . , 77

Vegetables and Fruit, concerning the Measurement of, . . . 53

Ventilation of the Representatives' Hall, concerning, . . . 449

" and Warming of the Representatives' Hall, appropriation

for, ......... 657

Vessel for Nauticed Branch of the State Reform School, authorizing

purchase of, . . . . . . . . 648

xliv

INDEX.

W.

Walker, Benjamin, Resolve in favor, ..... Page 460

Waltham Improvement Company, to amend the Charter of, . . 228

Ward Mills, to incorporate, . . . . . 91

Warden and Inspectors of State Prison, relating to Reports of, . . 316

Wards and Guardians, concerning, ..... 87

Wareham and Marion, Town Lines between, relating to, . . 156, 238
Warren and Charles River Bridges, concerning Agent and Draw-
tenders of, . . . 334
♦' '* '• " " Appropriations from income of, 356
'« " " " " further Appropriations for repairs

and maintenance, . . 641
«' " " " «' relating to, . . . 234, 651

" " " " " relating to repairs upon, . . 652

" " " " " Tolls, when to cease, . . 76

•' Institution for Savings, to hold additional Real Estate, . 339

" Museum of Natural History, to incorporate, ... 22

Washington Insurance Company, to increase the Capital Stock of, . 270

»• Mills, to incorporate, ..... 89

Washingtonian Home for Inebriates, to incorporate, . . . 292

" " " " granting aid to, . . . 468

" " " " Resolve in favor of, . . 451
Watch Company, American, Name of Waltham Improvement Company

changed to, ........ 228

Watchmen of the State House, for compensation of, for services as

Messengers, ....... 655

Watchmen of the State House, establishing Pay of, . . . 329

" and Fireman to the State House, for the appointment of, . 131
Water, for supplying the City of Boston with, additional Acts, . 64, 390

Water-Power Company, Holyoke, to incorporate, . . . 225

Water-Rights, relating to the Division of, ... . 294

Wayland, Town of, concerning Flowage of lands in, . . . 449

Weapons, Dangerous, relative to the carrying of, ... 357
Webster, Daniel, Statue of, authorizing the erection, within the State

House grounds, . . . 466
•' '• " " for payment of certain expenses attending

the Inauguration of, . . . 654

Webster Insurance Company to incorporate, .... 245

Wesleyan Academy at Wilbraham, granting aid to, out of proceeds
Sales of Back Baj' Lands, ......

West Roxbury Railroad Company, in addition to Act incorporating,
West Springfield, Town of, Resolve in favor, ....

Western Railroad Company, authorized to issue Bonds, additional Act,
Western Railroad Sinking Fund, respecting, ....

Westport, Jurisdiction over certain Lands on Point of Rocks in, ceded
to the United States, ......

Wharf, Battery, in Gloucester, to extend, ....

of

314

28

444

338

78, 131

39
229

,r

fO'

/

'M'

if'fi