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

i 



ililii;! 



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.